Kenya & World: UHURUTO ICC CASES NOW A STATE ISSUE

from: Judy Miriga

Good People,

Rising insecurity is growith at an alarming worisome level in Kenya.
The Government of Kenya must address and contain the situation
before it gets out of control.

Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com

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ICC chief slams critics after African Union attack

By AFP
Posted Tuesday, May 28 2013 at 23:52
In Summary

The ICC is currently facing mounting diplomatic pressure over charges of crimes against humanity filed against Kenyan President Uhuru Kenyatta and Vice President William Ruto linked to political unrest in 2008 when neither were in office

Bensouda vowed that the ICC would “continue to be independent, to continue to be impartial, to apply the law strictly without any political or other considerations.”

Forty-three African countries have signed the ICC’s founding Rome Statute and 34 have ratified it. This makes Africa the most heavily represented region in the court membership

UNITED NATIONS

The International Criminal Court’s chief prosecutor hit back at critics Tuesday, a day after the African Union accused the tribunal of racism.

Fatou Bensouda said the critics were defending “perpetrators” of war crimes and crimes against humanity.

The prosecutor did not mention any particular group. But her comments came only a day after an African Union summit said the ICC was targeting the continent on the basis of race.

“We all know who the voices are,” Bensouda told a meeting at United Nations headquarters when asked by an African diplomat about “voices” questioning ICC tactics.

“The voices are those who are trying to protect the perpetrators of these crimes. They are not the voices who are supporting the victims of these crimes,” said Bensouda, who is from Gambia.

The ICC is currently facing mounting diplomatic pressure over charges of crimes against humanity filed against Kenyan President Uhuru Kenyatta and Vice President William Ruto linked to political unrest in 2008 when neither were in office.

An African Union summit on Monday called for the ICC charges to be halted. Kenya has asked the UN Security Council to “terminate” the case.

“We should not take what ICC is doing to turn it on its head,” Bensouda said at the UN meeting on enforced disappearances organized by France and Argentina.

“The true victims of the crimes are the victims of war crimes, crimes against humanity and genocide, not those who perpetrate them. And now we see that that those voices, what they are all trying to do is protect those who perpetrate the crimes.”

“I think this is an insult to the victims,” she added.

“I think this should not be happening and anybody who is concerned about addressing crimes of this nature — against the thousands and thousands and thousands of victims, African victims — should be concerned about what is happening right now,” she told the UN meeting.

Bensouda vowed that the ICC would “continue to be independent, to continue to be impartial, to apply the law strictly without any political or other considerations.”

African governments often express bitterness that all ICC investigations target the continent.

But nearly all of the eight investigations — from Uganda to Democratic Republic of Congo and Mali — were referred by the African countries themselves. Forty-three African countries have signed the ICC’s founding Rome Statute and 34 have ratified it. This makes Africa the most heavily represented region in the court membership.

Tiina Intelmann, president of the 122-country assembly of ICC member states, acknowledged that the perceived “Africa-only” focus of investigations has created difficulties for the court in dealings with African states.

“Let us not forget, however, that the current focus on the African situations also means a focus on African victims,” Intelmann said in a commentary.

A trust fund set up by the ICC statute has helped about 80,000 victims of “atrocity crimes.”

“It is fair to say that without the activities of that fund, all those African victims would have received little or no assistance at all,” Intelmann added.

Security risk as police bosses fight for power

By PETER LEFTIE pmutibo@ke.nationmedia.com
Posted Tuesday, May 28 2013 at 20:51

In Summary

He did not directly accuse Mr Kimaiyo of attempting to scuttle the recruitment but he may have been reacting to a memo sent on Monday night by the Inspector General advising senior officers not to apply for the positions. The application deadline was Tuesday.

Tuesday, 10 hardcore criminals escaped from Kamukunji police station and a police officer was arrested allegedly after attempting to hijack a trailer. Crime has reached almost unprecedented levels in addition to the massacres in Busia and Bungoma and terror attacks in Garissa and Wajir.

Police bosses are embroiled in deepening wrangles and turf wars even as security deteriorates across the country.

A cold war between Inspector General David Kimaiyo and the chairman of the National Police Service Commission (NPSC), Mr Johnstone Kavuludi, burst to the open Tuesday as the two battled over the recruitment of county commanders.

They are also fighting over proposals to amend the law to give the Inspector General more authority in the appointment, transfer and disciplining of officers.

Tuesday, Mr Kavuludi sensationally claimed that there was a plot to derail the recruitment of 47 county police commanders by anti-reformers.

“There has been a concerted attempt to derail the vetting and interview of officers for the position of county commanders. However, we are pleased to note that the Commission has received over 300 applications for these 94 advertised positions,” he said.

He did not directly accuse Mr Kimaiyo of attempting to scuttle the recruitment but he may have been reacting to a memo sent on Monday night by the Inspector General advising senior officers not to apply for the positions. The application deadline was Tuesday.

Mr Kimaiyo has previously denounced the recruitment, saying he and his two deputies were not consulted by the commission.

Mr Kavuludi and other commissioners were attending a meeting in Naivasha to agree on the criteria for vetting of the county police bosses. Mr Kimaiyo had apparently excused himself from the workshop to deal with the wave of insecurity in the country. His absence at the important process hints at the disastrous alienation of top police officers from essential functions over a force for which they have command responsibility.

Police reforms carried out since the election are an interesting experiment. It remains to be seen whether a commander can effectively control a force whose members he has no power to hire, sack, promote, transfer or discipline.

The NPSC has nine members. The IG and two other representatives of the force are ordinary members and business can be transacted without them.

In contrast, the 11-member Judicial Service Commission chaired by the Chief Justice is predominantly made up of lawyers: Three judges, one magistrate, the Attorney-General and two lawyers nominated by the Law Society of Kenya.

The in-fighting in the leadership of the police force is already having an impact on policing. There are signs of worsening discipline in the force as well as disenchantment and apathy, especially from the officer cadre which is facing the sack in the reforms.

Tuesday, 10 hardcore criminals escaped from Kamukunji police station and a police officer was arrested allegedly after attempting to hijack a trailer. Crime has reached almost unprecedented levels in addition to the massacres in Busia and Bungoma and terror attacks in Garissa and Wajir.

Mr Kimaiyo’s position on the recruitment has shifted dramatically over the past month.

On April 16, he wrote to NPSC recommending the appointment of county commanders to replace Provincial Police Officers whose positions have been scrapped. The letter was titled: “Proposal for the selection and appointment of police officers to the position of officers commanding police counties and review of appointments at formations and directorates at the headquarters levels.”

Mr Kimaiyo suggested the hiring of County Kenya Police Service Commanding Officers (CKPSCO), County Administration Police Commanding Officers (CAPSCO) and County Criminal Investigations Officers (CCIO) to head police activities at the counties for the regular, AP and criminal investigation departments.

Mr Kimaiyo could not be reached to comment on the apparent change of heart.

At issue also are proposed amendments to the National Police Service Act.

Yesterday, the NPSC blamed “forces opposed to police reforms” for the amendments which — if passed — will significantly empower the office of the Inspector General while weakening the commission.

“It has come as a shock to the National Police Service Commission that some senior officers in the Public Service who are not members of this commission, have proposed amendments to the National Police Service Act, 2011, with the intention of derailing police reforms,” Mr Kavuludi said at the workshop at Sopa Lodge in Naivasha.

“The proposed amendments, which are being done clandestinely, are intended to severely water down the powers of the Commission. These amendments have neither been done with our knowledge, participation or approval, nor the participation of other stakeholders,” he said.

He added that the amendments include a “frightening indemnity clause” where police officers who carry out illegal orders from their superiors are protected. He asked MPs to reject the changes.

The amendments propose independent powers for the Inspector General to promote, transfer and discipline officers.

It also wants the Inspector General to be the one who receives reports recommending disciplinary measures against officers such as interdiction or suspension. Currently, NPSC receives the reports.

Mr Kimaiyo was quoted on Sunday confirming that he is aware of the amendments. He, however, said they did not originate from his office.

Additional reporting by Macharia Mwangi and Joyce Kimani

Fear as Mungiki resurfaces, threatens to cripple business
Updated Tuesday, May 28th 2013 at 21:45 GMT +3
By Eric Wainaina

Kiambu, Kenya: Resurfacing of illegal gangs in Kiambu is worrying the business community.

Members of the outlawed Mungiki sect are alleged to be forcibly demanding money from matatu operators and business people in various shopping centres.

The Provincial Administration has confirmed that the members of the illegal sect are plotting to reclaim their previous status of controlling major economic sectors.

Affected areas are Kiambu, Gatundu, Lari, Githunguri and Kikuyu where they are also reportedly recruiting new members.

A matatu operator plying between Kiambu and Githunguri on condition of anonymity said the operators give Sh200 daily to the illegal gangs.

“We give them money though not openly. They resort to violence once we refuse to remit the levies,” the operator said.

Operators plying between Gatundu, Thika, Kiganjo, Kiambu, Ruiru and Nairobi said the sect members have been demanding a levy of Sh200 from each matatu.

Last month, a matatu was set a blaze in Gatundu town after the operators allegedly declined to give the money to the sect.

Three matatu sacco officials in Gatundu have been murdered and Mungiki was blamed for it. The gang is also demanding money from business players and developers who are setting up buildings in the county, causing fear among the business fraternity.

Arraigned in court

“They are collecting money from any income earning activity and given a chance, they will end up sending away investors because they also pose a security threat,” Paul Mwangi, a Githunguri resident said.

Kiambu County Commissioner Wilson Njega said they had arrested some of group’s members demanding cash from a construction site owner and were arraigned in court.

“We are alert about this group ( Mungiki) and are not going to give them any chance to regroup,” Njega said.

Even Shabaab knows greed has got no borders in Kenya

Updated Tuesday, May 28th 2013 at 21:10 GMT +3

Patesh alleges that the Tofu was spoilt and the Morning Harvest Bran Flakes had small insects in them.

About six months ago, Patesh claims to have bought an oat meal package from the same shop that had the “same insects”. He returned the package and was reportedly promised action would be taken to avoid recurrence of the problem.

“I think Uchumi Capital Centre is not doing a good job at checking on expired products,” concludes Patesh, whose contact is hitenke@yahoo.com. Is this the case, Uchumi?

And Mr Phillip Olang’ alleges there is something that Nakumatt Lifestyle has been unable to give him despite him needing it desperately (remember their motto; “You need it, we’ve got it”. Olang’ has been seeking replacement of his smartcard since February but he is yet to get a new one. His contact is phillipolang@icloud.com.

DON’T YOU FORGET

Did Orange take client back to world wide web?

Recently, Telkom Orange’s customer Nancy Laura of Langata, Nairobi wrote here about delay by the firm to resolve an issue she had complained about. Nancy reported that although she paid for Internet for her Telkom Orange ASDL line in early April, her line, unfortunately, went dead on April 14. She then reported to Orange and received complaint reference numbers for both the landline and the data service that was disrupted. However, Orange did not sort out the problem and her visits to the company’s offices near Wilson Airport yielded only promises. The reference numbers she was given are 853901 (landline) and 853902 (Internet). Nancy said the line goes off every month yet she has never received any refund for lost data service. Did Orange address this customer’s complaint?

RVR is ‘off track in Embakasi’

Mr Philip Musembi is appealing to the management of Rift Valley Railways to make all efforts to keep passengers who use the train on Embakasi route off harm’s way.

On May 15, 2013, he claims to have witnessed two of the train’s last passenger wagons leave the tracks at Avenue Park Phase 1 towards the Embakasi village terminus and “rolling on the ground like a bus for a distance of about 3km”.

“The Embakasi railway track is an eyesore, pathetic and a disgrace. But despite numerous complaints from passengers, RVR has done nothing about it,” laments Musembi.

Right of Reply

Samsung explains jumbled digital television signals

This is in response to a complaint in PointBlank on May 22, 2013 raised by Antony Irungu in regards to scrambled signal on his Samsung digital television.

First, we are very proud indeed to have him as our customer. We take great pleasure in this and hope that we will continue being his preferred brand for all his electronics and household appliances for a long time to come.

His query relates to receipt of digital signal in his integrated TV. We apologise for getting back rather late, but it was because we needed to conduct some checks with the Communications Commission of Kenya (CCK) with regards to his query.

As you are already aware, whereas Samsung provides the TV set, provision of content is by licensed service providers, in this case Signet (KBC) and Pan Africa Network Group (PANG).

Currently, and as confirmed by CCK, signal feeds of some local media houses disappeared from the digital platforms for unknown reasons.

This is currently being probed with the hope of resuming normal service as soon as possible. This could be the reason as to why he may be receiving the scrambled signal message even for channels that are free to air (FTA). To contact Signet, you need to reach KBC, while for PANG he may contact StarTimes.

It is also important to note that the digital signal is not yet available nationally but is being made available progressively by region/town. The following towns already have access to the signal: Nairobi, Mombasa, Kisumu, Nakuru, Meru, Eldoret, Nyeri and Kisii. Where there is no signal, one receives a ‘No signal message’.

Emmanuel Abraham Naicca,

Manager – VD,

East and Central Africa,

Samsung Electronics East Africa

Migori TV enthusiast who can’t decode CCK message

I recently complained here over unavailability of digital television signals in Migori. Later, one of the Communications Commission of Kenya officials informed me that signals from Signet and StarTimes are found within the environs of Kisii. Does he want me to relocate in the area to make use of the decoders? Migori residents are not getting justice.

It’s worse when the decoders are being sold but we can’t get the service. The funny thing about it is that the signals are being received on the Kenyan-Tanzanian border, which is about 60km from Migori. Can we be given concrete reasons as to why we can’t get the service? I can be reached at petersonoush2003@yahoo.com.

Peter Auma,

Migori

Leader raises concern over crime wave
Updated Sunday, May 5th 2013 at 22:11 GMT +3
By ERIC WAINAINA

KIAMBU; KENYA: Kiambu MP Jude Njomo has protested over increasing in security incidents in the area.

This follows a Friday midnight raid at Kiambu Municipal Council offices, where a watchman manning the premises was murdered and another critically injured. The armed gang broke into the council offices where they made away with Sh220,000 and the mayor’s chain.

Njomo said, previously, in security had gone down in the area but the recent trend is worrying.

“Cases of breakages in homes and institutions have gone down. We were only suffering from computer thefts in learning institutions but now it seems the gang is back and terrorising and killing their targets,” the MP said after visiting the facility.

Kiambu Municipal Council offices were reserved for Kiambu Governor but William Kabogo said they are in bad shape and not enough to host him and his staff.

Organised gang

In the recent past, several cases of breakages in learning institutions and Government offices where culprits steal computers have been reported across the county.

Njomo said he had had a meeting with the area security committee where he raised the issue. He said the return of criminal activities would hamper development and scare away investors.

On Monday last week, a gang unsuccessfully attempted to raid Kiambu High School.

“Police should get to the bottom of this matter because it seems there is an organised gang targeting various institutions and the situation should be contained before it’s too late,” Njomo added.

County Commissioner Wilson Njega said they have commenced investigations to nab the culprits who are still at large.

“We took samples of fingerprints at the scene for forensic examination and we are also following leads which could help us get them,” Njega said.

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