From: Judy Miriga
Folks,
“Kenya Decision 2013: The Kenyan Diaspora and the March Elections”
First, I want to register my heartfelt thanks to the US Department of State, Bureau of African Affairs Ms. Nicole Peacock in Partnership with The Africa Society of the National Summit on Africa Ms. Bernadette; who put together logistics and invited us to attend an indulging, resourceful and open collaborative diplomacy exchange where we learned more about what the U.S. Government is doing to support peaceful, credible, free and fair elections in Kenya and also gave the Diaspora members opportunity to share their thoughts on the upcoming elections.
I was truly grateful for the introduction from Steve Walker, Director of the Office of East African Affairs who was kind enough to set stage for a more conducive, friendly and cordial atmosphere for the engagement. We appreciated recognition in attendance of Lucy with colleague Representatives from Embassy of Kenya, with the introduction of Deputy Assistant Secretary of State for African Affairs, Donald Teitelbaum who gave us a broader perspective of what USA in Partnership with Kenya Government is doing on the ground to help Kenya gain a Peaceful, credible, free and fair elections.
Among those in attendance, there were notably USAID official Representatives, the Co-founder of Pan African Entrepreneurs (PAEC), Mr. Harry C. Alford with a good number of Kenyan Diasporas, the NGOs, activists and Media Representatives.
I had serious concerns that the elections are coming close with a few days to go while:
Ø the situation of electoral process and procedures for Integrity for candidates examination for background checks and balances flawed and was not in compliance resulting in the irregularity of awarding certificates to favor some contestants against the will of voters
Ø the buying of voter IDs to rig election is going on in very high scale all over the country and it is a way to take advantage of poverty stricken people with millions of helpless and desperate Internally displaced persons. These group of people have not been provided with any Civic Education to prepare them and make them aware of their value added voting rights potentials, sensitizing them about the Reform Accord Agreement for the New Constitution with prospects of development resources available for respective Community engagement to spur progressive projects in their respective County’s Development Programs
Ø the unresolved explosive of land grabbing with constant insecurities including continued unfair forced evictions of the local communities from their ancestral land are rendering people hopelessly homeless in area such like Nyanza, Turkana, Garissa, Isiolo, Rift Valley, Mombasa, Taita Tavetta, Kwale, Tana River, Lamu has created a very worrisome situation
Ø Voter Education is lacking and many people do not understand what they are about to get into. The Voter Education as was done during the Referendum was very successful and there is need of the same to be applied so people understand what County Devolution Governance entails, how it works with what is expected from Governors in order to commit responsibility with integrity to render collective and consultative public service in a balanced transparent manner to the County’s Communities efficiently and effective according to mandate.
Ø Presently as is on the ground, there are serious loopholes of insecurities and from irregularities which are providing fodder for corruption and rigging that have not been rectified and is providing worrisome fears.
Ø failing to provide an Independent Transitional team headed by the Chief Justice of the Supreme Court according to the Reform Accord Agreement of the New Constitution the present Team under Mr. Kimemia is not in compliance where Kimemia is seen to have awarded himself powers of appointing and managing the Transitional caretaker with members of his Kikuyu tribe from top police and intelligence avoiding inclusion of other 43 Tribal group. This shall not factor fairness of representation as is required in the Devolution Reform Accord Agreement
Ø Failing to Reform the Police which was top requirement for Reform and was the reason for 2007/8 Extrajudicial killings the matter was shelved until after election, so to be fixed by the next government and this is completely wrong as it is unacceptable. There are fears that this behavior has cultivated for mixed reactions as presently, there are looming insecurities and threats that are building up with the recent death threat and travelling denial by the Permanent Secretary Mr. Kimemia put on Chief Justice Willy Mutunga forcing him to make public statement fearing for his life and to stop him from travelling on official duty. Coupled with all the mushrooming insecurities in the Country, the environment in the country is fluid and has developed ripples of fears that a repeat of 2007/8 is very evident in the minds of many.
Additionally, in a new development, IEBC to simply object a suit filed by Aluochier questioning integrity of qualifications of candidates at the Supreme Courts is stepping overboard and is considered frustrating Chief Justice from executing fair justice to the public. It is unethically wrong and unconstitutional.
It is Aluochier’s constitutional right to be heard before elections can proceed. IEBC does not have autonomy according to Reform Accord Agreement for the New Constitution to assume powers and control over matters filed at the Supreme Courts. As a matter of concern, IEBC is shrouded with lots of constitutional flaws and irregularities that to allow March 4th 2013 election to go on will be suicidal except to consider suspending it for a few more moths to correct the anomalies.
The above concerns informed my justified opinion to request for an appeal that we do the right thing the first time; that we correct the anomalies and fix flaws with other irregularities staged for rigging the election so we make history and be a show-case to other African Nations.
As I understand and know the people of Kenya over the years,, they are peaceful and very loving, it is therefore considered fair to give all Kenyans irrespectively a reliable Democratic space free from rigging, intimidation and fear-factor so they have an opportunity to excercise their true democratic rights like they did during the Referendum to participate in the first Reform Change election in an environment which is free from terrorism but which is peaceful, credible, free and fair. As things stand, this is not the case. The elections of March 4th 2013 under the above worrisome conditions is seen to fashion a stage-managed election to favor a certain tribal group against the 43 tribes of Kenya, for which case, it shall remain flawed, Null and Void as the process is flawed and is not in compliance with Reform Accord Agreement of the New Constitution.
The coming election is very crucial for Kenya people, partners, friends and sympathizers that it should be done the right way the first time and therefore, the election of March 4th be deferred but if we provide a little more time for fixing the irregularities, we are able to provide the Civic Education which is lacking, include the Diasporas to participate in the electioneering to vote and correct the flaws and irregularities before the date of next election can be seen to be peaceful, credible, free and fair.
It is critical that my request be urgently considered so at the end of it all, we shall be happy under peace caring and sharing for common good of all, and who ever wins, we shall join in the celebration to congratulate the winner and joining to repair past differences amicably without any animosity.
Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com
and Special Coordinator Representative for Pan Africa
World African Diaspora Union (WADU)
in Maryland, Virginia and DC
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IEBC opposes suit against candidates
Updated Wednesday, February 27 2013 at 00:00 GMT+3
By WAHOME THUKU
Kenya: The national electoral agency has lodged an objection to a suit seeking to block top presidential contenders and their running mates from being on the ballot in next week’s polls.
The Independent, Electoral and Boundaries Commission (IEBC) wants the case filed by a voter at the Supreme Court dismissed, arguing it cannot be determined by that court.
The petition, set to be heard today, has been filed by Mr Isaac Aluochier and is challenging the qualification of Raila Odinga, Uhuru Kenyatta, Musalia Mudavadi, Peter Kenneth and two running mates, Kalonzo Musyoka and William Ruto, to gun for the top seats.
Mr Aluochier contends the top presidential candidates should not have been nominated to vie for the seats as they were constitutionally unqualified. The voter in Migori argues that Raila, Uhuru, Mudavadi and Kenneth were already State officers when nominated by their respective parties and should not have been cleared by IEBC.
“While the Constitution allows a sitting President and his/her deputy to run for the two seats, it does not allow the PM, DPM and ministers,” he said. He said the four cannot argue they were MPs because on their nominations, Parliament’s term had already expired.
IEBC says 31,000 missing from voters’ list
Updated Wednesday, February 27 2013 at 00:00 GMT+3
By ROSELYNE OBALA
Nairobi; Kenya: About 31,000 voters are missing from the Biometric Voter Registration (BVR) system, the Independent Electoral and Boundaries Commission (IEBC) has disclosed.
Part of this number is that of those who registered more than once. However, the electoral body has assured the public that there is no cause for alarm. IEBC Voter Registration Director Immaculate Kassait said those affected would be allowed to vote if their details are in the manual register. “It does not mean these voters will not participate in the elections. We are going to use the manual register to check their details,” she explained.
Ms Kassait continued: “If their names are in the register and they did not registere twice, they will vote.”
She said some of the affected voters registered multiple times.
She spoke at Nairobi’s Bomas of Kenya, where the commission has set up the National Elections Centre, after a meeting with political parties liaison committee and Registrar of Political Parties Lucy Ndung’u in last-minute preparations for the Monday polls.
Party representatives had an opportunity to be taken through the final arrangements. The area is cordoned off and only accredited persons are allowed access.
Kimemia faces contempt charges over tender row
Updated Friday, February 22 2013 at 00:00 GMT+3
By Lucianne Limo
KENYA: A Chinese company that won a multi-billion shilling security tender that was later cancelled by Head of Public Service Francis Kimemia wants to institute contempt of court and defamation charges against him.
ZTE Corporation through their lawyer Donald Kipkorir said it is aggrieved by Kimemia’s letter asking Ministry of Internal Security to cancel the tender.
“We have firm instructions to demand, which we hereby do, your immediate withdrawal of your said letter and in any event before the end of today, in default, whereof our instructions are to institute criminal and civil contempt proceedings against you,” reads part of the letter to Kimemia.
The company wants the Head of Civil Service held in contempt on grounds that he has interfered with the matter yet the court had issued stay orders on the tender pending the hearing and determination of a case filed by a firm that lost the contract.
On Monday, Kimemia cancelled the tender and ordered the contract be re-advertised, saying costs ballooned and serious allegations of irregularity were made with regard to the tender
High Court Judge George Odunga ordered the Minister for Internal Security not to award the contract to any party pending the determination of the case filed by Huawei Technologies Company. The court issued the interim orders after Huawei, which bid for the tender alongside five other companies, challenged a decision by Public Procurement Administrative Review Board dismissing its appeal for review of the tendering process.
Repeat process
The board dismissed Huawei’s appeal and directed the Ministry of Internal Security to go ahead and award the contract to the successful bidder, ZTE Corporation.
Huawei filed an appeal before the procurement board complaining that the Ministry of Internal Security had a flawed tender process, but its case to have a repeat of the process was dismissed prompting it to move to the High Court.
ZTE Corporation says Kimemia has defamed them by alleging that they exaggerated the cost of project in excess of Sh1.8 billion up from initial estimated costs of Sh7 billion.
ZTE also says Kimemia’s assertion that they influenced the evaluation process and offered kickbacks to some officials to influence preferred outcome amounts to libel.