from Judy Miriga

Folks,

For any meaningful development to be realized, time and money are factors that must be tied to results in a Forward Strategic Development Agenda, and the Governance environment, the Judiciary, the Executives as well as Legislatures must cultivate New Culture of Accountability and Responsibility.

Any behavioral, attitude or schemes engaged in efforts that promote or encourages stagnation which is tied to failure and backwardness, promoting meritocracy must be condemned by all Reform Activists and with people of good standing. This is what many Kenyans voted against in the past Referendum of August 4th 2010 for a change in culture and behavior that which should promote DEVELOPMENT and PROSPERITY not promoting continued avenue for POVERTY in a failed bracket. As Civil Society, we cannot afford anything else that which is not for progress and sustainable. We are therefore looking for the best from the elected legislatures and other Civil Servant Leaders.

The Legislation must be supported into Law by the Consumer Protection Act a basis for Reform in the Financial Industry. The Reform that which will prevent the kind of shadowy deals that led to Kenya’s Taxpayers being banked in foreign banks, the reason why Kenya/Africa is lagging in poverty bracket.

The Legislation of the New Constitution, is the hope of Kenyans and must provide for stronger measures on financial products and seek to prevent loopholes for corruption, where donor funds to Public projects found their ways in personal and private businesses as was the case in the past. These protections will ensure that enforcement becomes automatic consumer watchdog. So there is need for Consumer Financial Protection Bureau.

Right now we need emergency funding for the Youth and Women for training and empowerment to take up the immediate job creations and in partnership between Kenya and America business community including Think Tank from the Professionals, the Scholars as well with the Academicians for research purposes.

For this reason, Speaker Marende is becoming increasingly a liability from the kinds of comments he continually makes, those that are in support of the culture of corruption and impunity with support of poor legal dispensation as well as opening to a culture of stagnation in a mark-time. He is not creating platform for a dependable intercessor for prosperity and progress.

People of Kenya voted massively for CHANGE and Reform Agenda for growth and prosperity, for checks and balances and that of legal justification. Kenyans, friends and foes are looking forward to Responsibility and Accountability with good governance with committed Plan of Action for promoting environment for serious International Business Investors to engage Kenyans in sustainable job creation and steady work flow with openings for innovation to meet challenges and competition of the Global Market. Leaders must stop dilly dallying, the corrupt system of wasting time and money of taxpayers. When leaders waste time and money, they are in essence stealing from taxpayers because they earn money doing nothing of progress to the Kenyans and for any sustainable investment program and trade from friends and those in Partnership for Development. People of good intentions must condemn this culture in totality.

Speaker Marende with those of like mind must get their acts right and know that majority of those in the “NO” want to have the Status Quo of Corruption and Impunity continue to be the order of the day, because that is their daily business, that which they thrive in. Their actions are intended to hold the people of Kenya at Mark-Time in the old failed system Kenyan had voted out by a margin of 6,000,000 to 2,000,000 giving a sweeping defeat to the “NO” at the August 4th Referendum. Kenyans voted to defeat the culture of corruption and impunity once and for all.

This means:

All Judges to face sensor and vetting, if found guilty no retirement benefits should be awarded. They must therefore be charged by the Court of Law as is deemed fit.

All the corrupt leaders who were previously named for verious kinds of corruption must be investigated and charged according to legal dispensation.

No Go-Slow in the implementation of the New Constitution the reason why the “NO” group should be left aside, because this is not their interest and the reason why they are advocating for the Amendments of the contintious issues before the New Constituion is made operational. This has been spearheaded by Moi who reached out to the Religious group of “NO” to stand their ground and continue to refuse the New Constitution. Consequently, it is the best option to leave them out completely. This is because, they will not join the team of Reform for CHANGE but CHALLENGE THE CHANGE and stop CHANGE from taking effect completely, clear and simple.

Kenyans with the Diaspora, friends, foes and ally’s want to begin a New Chapter of getting engaged in a Forward Strategy Agenda, that of CHANGE as is in the New Constitution. They want to engage the Professionals and the Think Tanks in a platform of Work Ethics must be formulated where New Set of Order for work must be with immediate effect be scheduled. The Constitutional Implementation Oversight Committee must therefore not incorporate those fixed minds of the Status Quo of the likes of Ruto or Moi factors by all means. This is when REFORM will hold meaning to the majority who voted “YES” at the Referendum. The Committee MUST not waste anymore time incorporating failures who previous records of the past stood on the way of reform, whose Agenda is to continue to corrupt Kenya and steal from Kenya’s finance resources and facilities. This must stop. Kenyans must know that such leaders must not stand on their way, that they are a complete liability to Kenya and Kenyans, friends, foes, ally’s and with the International Partners for Development, and if they cannot change their attitudes and behaviors and have a New Outlook of things. I do recommend that voters must begin to search for potential dependable leaders who must replace these unfocused and incorrigible leaders by re-calling them back.

I therefore support President Kibaki and PM Raila’s sentiments with those of Orengo and Prof. Anyang Nyongo to be forthright, discipline and exclude the “NO” MPs from the Constitutional Implementation Committee for Reform and the enactment of the same for the effectiveness of the Law to take place with speed and be operational.

Thanks to you all.

Cheers !

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

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Parliament’s Legislative Agenda

standardgroupkenya | August 10, 2010

Parliament has a busy schedule passing laws to bring the new constitution to life. Its first job after setting up an oversight team is to pass laws creating the implementation team it will supervise. Officials from the justice and constitutional affairs ministry are already in Naivasha drafting priority bills. The Attorney General’s office is also raring to go. Justice Minister Mutula Kilonzo has warned that the amount of work ahead is a lot for the time allocated. We examine these issues as the implementation phase kicks in.

The Luo of Kenya: A Visual history (music : VUC Lamo)

SwahiliExperience | July 23, 2010

The Luo of Kenya also known as ‘Jo’kowiny’ settled around the Kavirondo gulf present day lake Victoria which is also the source of the Mighty Nile river. descendent from the larger Kingdom of Nubia, the Luo migrated south from the Sudan. Famed for their intelligence, oratory ability and sense of style. The Luo tribe, through intermarriages and wars, are part of the genetic admixture that includes all modern East African ethnic groups as well as members of the Buganda Kingdom, the Bunyoro Kingdom, the Toro Kingdom of Uganda. The Music ‘Lamo’ meaning prayer in dholuo, is a traditional Luo Christian praise song by Voices United Choir Africa music kenya luo dholuo swahili experience music; kenyan gospel Luo gospel benga rumba ethnic vuc lamo akinyi otieno

Speaker opposes exclusion of ‘No’ MPs from team

By PETER LEFTIE
Posted Friday, August 13 2010 at 11:51
National Assembly Speaker Kenneth Marende on Friday rejected calls for MPs who opposed the new Constitution to be locked out of the parliamentary team to oversee its implementation.

At the same time, a Cabinet minister accused the Orange Democratic Movement (ODM) Parliamentary Group of acting like a “kangaroo court” by recommending the disciplining of MPs who campaigned against the new law.

Speaking at a different forum, Mr Marende and Housing Minister Soita Shitanda asked MPs to remain united as they embark on the implementation.

“All MPs have a right to be included in any committee, but I’ll wait for the political parties to forward the names of their nominees to the oversight committee,” Mr Marende said after addressing a breakfast meeting called by Parliament to brief high commissioners and heads of missions of Commonwealth countries on the preparations being made ahead of the Commonwealth Parliamentary Association conference scheduled for Nairobi between September 10 – 19.

The meeting was addressed by the Clerk of the National Assembly Patrick Gichohi, the chairman of the conference’s organising committee, Mwingi South MP David Musila and Matungu MP David Were.

The Speaker asked MPs to shun political sideshows which he said could derail Parliament’s immediate task of enacting various pieces of legislation to implement the new Constitution.
He recommended that the parliamentary team to oversee implementation of the new law should comprise at least eleven MPs but less than 27.

“The trend is that of lean committees,” the speaker said.

Some MPs have publicly called for the non-inclusion of MPs who campaigned the new Constitution from the parliamentary committee on grounds that such MPs will undermine its functions.

Among those who have called for the exclusion of the ‘No’ MPs from the committee include joint Government Chief Whip Jakoyo Midiwo and Naivasha MP John Mututho.

At a PG meeting held on Thursday, ODM MPs went a step further and called for the disciplining of their colleagues who campaigned against the new constitution, saying they went against the party’s resolutions.

In a statement read to the press after the meeting by Budalangi MP Ababu Namwamba, the PG even called for the sacking of Higher Education minister William Ruto who led the ‘No’ campaign.

“ODM which proclaims itself as the most democratic party in the country ought to lead by example by practising what it preaches. Ruto had a right to support or oppose the Constitution so ODM should respect his position,” Mr Shitanda stated.

He accused the ODM PG of taking Kenya back to the days of the authoritarian one-party when the notorious Kanu disciplinary committee would summon members with dissenting views and expel them from the party.

“The PG meeting is similar to the days of Okiki Amayo and Shariff Nassir who would sit down in a kangaroo court and decide the fate of their colleagues,” Mr Shitanda said.

ODM MPs want Ruto to face party discipline

By DAVE OPIYO dopiyo@ke.nationmedia.com and BERNARD NAMUNANE bnamunane@ke.nationmedia.com
Posted Thursday, August 12 2010 at 21:00

In Summary

* ODM caucus sends tough message to members who campaigned against the constitution: the party will not ‘spare the rod’

Higher Education minister William Ruto is to be disciplined by his party for campaigning against the constitution.

All Orange Democratic Movement members of Parliament who were in the Red camp will face party sanctions, an ODM Parliamentary Group meeting resolved on Thursday.

As a first step, they will be kept out of the Constitution Implementation Oversight Committee, a powerful new team which will have a role in the implementation of the new Constitution.

Mr Ruto and his Chepalungu counterpart, Mr Isaac Ruto, are members of the Parliamentary Select Committee on the constitution, which oversaw the writing of the constitution.

Mr Ruto and his allies did not attend Thursday’s meeting, chaired by party chairman Henry Kosgey.
Budalang’i MP Ababu Namwamba, the Parliamentary Group Secretary, read the terse statement after a four-hour meeting at Orange House.

“The party will take strong disciplinary action against any Member of Parliament who took a contrary decision on an important policy decision like the adoption of the Constitution,” he said.

There is debate in the ruling coalition on what to do with members who campaigned against the draft in the referendum, contrary to the wishes of the government and their parties.

In 2005, President Kibaki sacked Liberal Democratic Party members who had joined Kanu to deliver a crushing defeat to the government during that year’s referendum. They made use of their popularity to build ODM.

The so-called rebels, Mr Isaac Ruto and Mr Charles Keter, were however defiant, warning that the ODM was now on the “path of democratic darkness, reminiscent of the Kanu days”. They would not be intimidated into changing their stand, they said, and invited the party to take whatever action it saw fit.

“They should do it as soon as possible because what they are saying is irrelevant. They have forgotten what befell some of them in 2005 when they were kicked out of the Cabinet and parliamentary committees by President Kibaki,” said Mr Keter.

ODM secretary-general Anyang’ Nyong’o declared that rebel MPs would not enjoy the same status they did before the referendum. Like a naughty child, he said, they would be disciplined.

“It would be highly unlikely that a person facing disciplinary action can at the same time enjoy the same status he enjoyed before in being appointed to such a committee. If you spare the rod, you spoil the child,” he said.

Some of the MPs who attended the party meeting said there were calls for Mr Ruto to be stripped of his Cabinet post and for the job to go to a more loyal MP, such as Eldoret East MP Margaret Kamar.

It was also suggested that dissenting MPs be kicked out of party positions. The recommendations of the meeting will now be taken to the National Executive Council (NEC), the party’s top organ.

Former Starehe MP Margaret Wanjiru, who was in the ‘No’ camp attended the meeting and defended her stand, saying she could not go against the Church. Ms Wanjiru is a bishop and a
preacher.

MPs said some members have threatened to campaign against her if she wins the party’s ticket to fight for re-election.

The meeting floated the names of ODM members to the Constitution Oversight Committee. They proposed that it be made up of 27 members, 14 of them being from ODM. One of the suggestions was that Agriculture minister Sally Kosgei should replace Mr Ruto.

Other names suggested were Deputy Prime Minister Musalia Mudavadi, Cabinet minister James Orengo, assistant minister Joseph Nkaiserry and MPs Millie Odhiambo and Sophia Abdi.

Mr Keter and Mr Ruto asked the MPs not to repeat the mistakes other parties have made in the face of differences. The Belgut MP said they will fully participate in the debate on Bills in the House regardless of whether they were named to committees or not.

“Nobody has asked to be included in those committees. The Bills will come to the House and we will debate them,” he said.

ODM to discipline members who opposed law

ODM party secretary general Anyang Nyong’o addresses a media briefing after a parliamentary group meeting, August 12, 2010.The party resolved that disciplinary action will be taken against members of the party who voted against the new Constitution contrary to the party’s position. HEZRON NJOROGE | NATION

By DAVE OPIYO

Posted Thursday, August 12 2010 at 14:21

Kenya’s coalition partner, the Orange Democratic movement (ODM) party moved to start disciplinary action against Higher Education minister William Ruto and other party members who opposed the passage of the proposed constitution.

The party’s Parliamentary Group’s Thursday meeting resolved to lock out the all their MPs who campaigned and voted against the new law from the Parliamentary Oversight Committee, critical to the implementation of the new constitution.

70 MPs who included former Starehe MP Bishop Margaret Wanjiru, who campaigned against the draft law, attended the meeting.

Secretary General Prof Anyang’ Nyongo said there was no way any party member facing disciplinary action would enjoy the same status like they did before.

“It would be highly unlikely that a person facing disciplinary action can at the same time enjoy the same status like they had enjoyed before,” he said.

“If you spare the rod, you spoil the child,” he added.

The Cabinet minister went on: “ The party is like a club. When a decision is to be made on any issue, the necessary organs must be consulted. Our PG has made its recommendation to the party.”
The Parliamentary Group Secretary Mr Ababu Namwamba, who read the resolutions scoffed at calls for the two principals to lead amendments to the new law.

“Any proposal to amend the Constitution is provided for in the constitution itself and is no longer the responsibility of the two principals,” he said.

The party further congratulated Kenyans for overwhelmingly passing the document at the August 4 referendum.
They particularly paid tribute to President Kibaki and the PNU counterparts for a ‘job well done’.

“The President has shown strong leadership,” said Mr Namwamba.
Any proposal to amend the constitution is provided for in the constitution itself and is no longer the responsibility of the two principals.

US President pledges stronger ties with Kenya

By Chris Wamalwa, in Washington DC

US President Barack Obama has said Kenya plays an important role in the region and, therefore, its success both politically and economically is of utmost importance to the US.

“Given Kenya’s importance in the region, its democracy and prosperity are of special concern to the US,” he said.
President Obama said the US has been supportive and frank about its concerns over the last two years, as Kenya worked toward implementing fundamental reforms necessary to put its democracy and future prosperity on a firmer footing.

“The peaceful and credible August 4 national referendum was a historic landmark in that effort. On behalf of the American people, I congratulate the Kenyan Government, the Interim Independent Electoral Commission and Kenyans on their new Constitution. The US remains your committed friend and partner as you work to build on this important foundation,” he said.
Obama made these remarks when he received the new Kenyan ambassador to the US, Elkanah Odembo in the Oval Office at the White House, on Tuesday.

Close relations

Obama told Odembo: “I look forward to working with you to deepen the already close relations between our countries.”
Mr Odembo takes over from Rateng Oginga Ogego.

Obama said Kenya and the US share a long history of friendship and partnership based on common values and mutual interests.
Recalling his roots in Kenya, Obama said: “My deep personal connection to Kenya makes today’s ceremony especially meaningful to me.”

Speaking to The Standard in his office in Washington, DC soon after the ceremony, Odembo said: “The goodwill towards Kenya is overwhelming, and I’m going to exploit this to increase tourism and investment in Kenya. I feel privileged to be here at this particular time in our long relationship between the two countries.”

Professionals to lead way in the new order

Company secretaries told to guard firms against collapse

By Philip Mwakio

The new constitutional order will pave way for massive capital accumulation, a Cabinet minister has said.

Public Service Minister Dalmas Otieno made the remarks while opening the 14th annual conference of the Institute of Public Certified Secretaries of Kenya (ICPSK) at Sarova Whitesands
Beach Resort & Spa in Mombasa, yesterday.

“With the new constitutional dispensation, we are entering an era of total respect for human rights and individual freedoms.”

Path to growth

Underscoring the need for re-orienting organisations in the new order, Dalmas said it will be incumbent upon professionals to lead the way in the culture of change.

“Key professional bodies like ICPSK will remain instrumental in helping Kenya re-establish itself on the path to growth,” he said.
“We are in for a massive attitude change because only attitude and leadership will make a difference.”

“Both the public and private sectors will require re-orienting and re-training, leadership development and general behavioural changes to take advantage of the new impetus to growth provided by the now ratified constitution,” Dalmas said.

The conference, themed ‘Building Africa’s capacity for accelerated economic and social developments: Lessons from the East’, started on Wednesday and ends today.

ICPSK chairman, Mr Joe Mwangi Mbuthia, said the theme reflects Africa’s recent increased partnerships with the East, a break from the past when the West determined what route the continent took.

The meet sought highlight lessons from the East that will help build capacity for accelerated economic and social development.
ODM MPs want Ruto to face party discipline

By DAVE OPIYO dopiyo@ke.nationmedia.com and BERNARD NAMUNANE bnamunane@ke.nationmedia.com
Posted Thursday, August 12 2010 at 21:00

In Summary

* ODM caucus sends tough message to members who campaigned against the constitution: the party will not ‘spare the rod’

Higher Education minister William Ruto is to be disciplined by his party for campaigning against the constitution.

All Orange Democratic Movement members of Parliament who were in the Red camp will face party sanctions, an ODM Parliamentary Group meeting resolved on Thursday.

As a first step, they will be kept out of the Constitution Implementation Oversight Committee, a powerful new team which will have a role in the implementation of the new Constitution.

Mr Ruto and his Chepalungu counterpart, Mr Isaac Ruto, are members of the Parliamentary Select Committee on the constitution, which oversaw the writing of the constitution.
Mr Ruto and his allies did not attend Thursday’s meeting, chaired
by party chairman Henry Kosgey.

Budalang’i MP Ababu Namwamba, the Parliamentary Group Secretary, read the terse statement after a four-hour meeting at Orange House.

“The party will take strong disciplinary action against any Member of Parliament who took a contrary decision on an important policy decision like the adoption of the Constitution,” he said.

There is debate in the ruling coalition on what to do with members who campaigned against the draft in the referendum, contrary to the wishes of the government and their parties.

In 2005, President Kibaki sacked Liberal Democratic Party members who had joined Kanu to deliver a crushing defeat to the government during that year’s referendum. They made use of their popularity to build ODM.

The so-called rebels, Mr Isaac Ruto and Mr Charles Keter, were however defiant, warning that the ODM was now on the “path of democratic darkness, reminiscent of the Kanu days”. They would not be intimidated into changing their stand, they said, and invited the party to take whatever action it saw fit.

“They should do it as soon as possible because what they are saying is irrelevant. They have forgotten what befell some of them in 2005 when they were kicked out of the Cabinet and parliamentary committees by President Kibaki,” said Mr Keter.
ODM secretary-general Anyang’ Nyong’o declared that rebel MPs would not enjoy the same status they did before the referendum. Like a naughty child, he said, they would be disciplined.

“It would be highly unlikely that a person facing disciplinary action can at the same time enjoy the same status he enjoyed before in being appointed to such a committee. If you spare the rod, you spoil the child,” he said.

Some of the MPs who attended the party meeting said there were calls for Mr Ruto to be stripped of his Cabinet post and for the job to go to a more loyal MP, such as Eldoret East MP Margaret Kamar.

It was also suggested that dissenting MPs be kicked out of party positions. The recommendations of the meeting will now be taken to the National Executive Council (NEC), the party’s top organ.

Former Starehe MP Margaret Wanjiru, who was in the ‘No’ camp attended the meeting and defended her stand, saying she could not go against the Church. Ms Wanjiru is a bishop and a preacher.

MPs said some members have threatened to campaign against her if she wins the party’s ticket to fight for re-election.
The meeting floated the names of ODM members to the Constitution Oversight Committee. They proposed that it be made up of 27 members, 14 of them being from ODM. One of the suggestions was that Agriculture minister Sally Kosgei should replace Mr Ruto.

Other names suggested were Deputy Prime Minister Musalia Mudavadi, Cabinet minister James Orengo, assistant minister Joseph Nkaiserry and MPs Millie Odhiambo and Sophia Abdi.

Mr Keter and Mr Ruto asked the MPs not to repeat the mistakes other parties have made in the face of differences. The Belgut MP said they will fully participate in the debate on Bills in the House regardless of whether they were named to committees or not.

“Nobody has asked to be included in those committees. The Bills will come to the House and we will debate them,” he said.

Speaker opposes exclusion of ‘No’ MPs from team
ODM to discipline members who opposed law

ODM party secretary general Anyang Nyong’o addresses a media briefing after a parliamentary group meeting, August 12, 2010.The party resolved that disciplinary action will be taken against members of the party who voted against the new Constitution contrary to the party’s position. HEZRON NJOROGE | NATION

ODM party secretary general Anyang Nyong’o addresses a media briefing after a parliamentary group meeting, August 12, 2010.The party resolved that disciplinary action will be taken against members of the party who voted against the new Constitution contrary to the party’s position. HEZRON NJOROGE | NATION

By DAVE OPIYO

Posted Thursday, August 12 2010 at 14:21

Kenya’s coalition partner, the Orange Democratic movement (ODM) party moved to start disciplinary action against Higher Education minister William Ruto and other party members who opposed the passage of the proposed constitution.

The party’s Parliamentary Group’s Thursday meeting resolved to lock out the all their MPs who campaigned and voted against the new law from the Parliamentary Oversight Committee, critical to the implementation of the new constitution.

70 MPs who included former Starehe MP Bishop Margaret Wanjiru, who campaigned against the draft law, attended the meeting.

Secretary General Prof Anyang’ Nyongo said there was no way any party member facing disciplinary action would enjoy the same status like they did before.

“It would be highly unlikely that a person facing disciplinary action can at the same time enjoy the same status like they had enjoyed before,” he said.

“If you spare the rod, you spoil the child,” he added.

The Cabinet minister went on: “ The party is like a club. When a decision is to be made on any issue, the necessary organs must be consulted. Our PG has made its recommendation to the party.”
The Parliamentary Group Secretary Mr Ababu Namwamba, who read the resolutions scoffed at calls for the two principals to lead amendments to the new law.

“Any proposal to amend the Constitution is provided for in the constitution itself and is no longer the responsibility of the two principals,” he said.

The party further congratulated Kenyans for overwhelmingly passing the document at the August 4 referendum.
They particularly paid tribute to President Kibaki and the PNU counterparts for a ‘job well done’.

“The President has shown strong leadership,” said Mr Namwamba.
Any proposal to amend the constitution is provided for in the constitution itself and is no longer the responsibility of the two principals.

Race to control implementation of new Constitution

By Alex Ndegwa and Martin Mutua

With referendum chapter closed and new constitution passed and awaiting promulgation, Parliament is the next frontier of battle for the Grand Coalition partners.

Given Parliament will be the theatre of action for the next crucial phase, which is the implementation of the new Constitution, all eyes are on how the political parties will share out the Constitutional Implementation Oversight Committee’s seats.
The committee will wield a lot of power, as it would oversee the implementation of the new Constitution.
Already the passage of the new Constitution appears to have opened new battlefronts among the traditional political forces as the jostling for membership and leadership of the new committee elbows its way to the forefront.

It is in Prime Minister Raila Odinga’s Orange Democratic Movement (ODM) where there appears to be more heat, because strong forces within the party want Higher Education Minister William Ruto and Chepalungu MP Isaac Ruto sidelined for opposing the new Constitution, and rebelling against the official party position. The two were members of the PSC on Constitutional Review, whose members are said to be front runners for membership in the new committee.

Having sat in the committee that brokered most of the agreements on the Proposed Constitution before the referendum, the two are being viewed as ill-suited to sit in the commission that will implement what they fought against. However, there are those who argue they should be taken on board, first as a sign of reconciliation in the country, and to harness the goodwill of the ‘No’ MPs as Parliament gets ready to pass at least 40 Bills to implement the new laws.

There appears to be little contest on the leadership because, given the past fierce rivalry between ODM and Party of National Unity, the solution could lie in both going for a candidate from a small or so-called ‘neutral’ party. In this case, PSC chairman Abdikadir Mohammed, who is a member of Safina, could again be the compromise choice for both groups.

Mohamed is said to be a favourite among most MPs who also feel his performance as chairman of the review committee was impressive.

However, there are some who are keen on pushing for Gichugu MP Martha Karua because during her tenure at Justice Ministry, she was instrumental in crafting the watertight clauses that have protected the new Constitution from derailment or dilution by vested interests.

Frosty relations

Besides her fallout with President Kibaki and her frosty relations with Raila, she may fit the bill given she is running Narc-Kenya as an independent party. However, reports indicate there are those who fear her confrontational style may antagonise some of the groups but still they are those who favour her blunt approach.

But in the end the members, who will be picked from both sides of the political divide, will on their own pick their chairman.
ODM chief whip Jakoyo Midiwo yesterday told The Standard that the committee could have between 11 and 15 members.

“The lesser the number the lesser controversies we will have,” he said.

Midiwo said those who were members of the PSC on Constitutional Review have a better chance of being included in the new team.

“But we will consider those who contributed positively and never used to miss sittings” he said. Insiders in ODM and PNU yesterday said there were names floated to be included in the committee. On the ODM side, names sources mentioned were Deputy Prime Minister Musalia Mudavadi and Cabinet Ministers James Orengo, Anyang’ Nyong’o, Charity Ngilu, Sally Kosgei and Mohammed Elmi.

On the PNU side were Deputy Prime Minister Uhuru Kenyatta and Cabinet Ministers Kiraitu Murungi, Mutula Kilonzo and Moses Wetangula. Others were MPs Abdikadir, Karua, Danson Mungatana and Eugene Wamalwa.

Mudavadi and Uhuru are the two most senior leaders on the list. It is believed that President Kibaki and Prime Minister Raila Odinga could take a back seat and let the two take charge of negotiating who should be in the teams.

But Midiwo, who together with PNU ( Kangundo MP Johnstone Muthama) will present the names, said it was too early to talk about who was on the list, and added that ODM would have a meeting tomorrow to discuss the issue.

“At the moment the issue of names does not arise because the President is yet to promulgate the new Constitution, but we have a parliamentary group meeting tomorrow and the issue will be discussed,” he added.

Misguided attempts

Yesterday, Ruto allies termed as misguided attempts to lock out MPs who were in the ‘No’ camp from the committee, on the basis of their position in the referendum.

Mosop MP David Koech, who was the ‘No’ side’s chief agent at the referendum, likened the referendum contest to a vote in Parliament, whose outcome is supported by both sides.

Koech was reacting to Midiwo who sparked controversy when he said Orange MPs who were in the ‘No’ camp would be sidelined from the committee.

“Even when Parliament goes to a division and the ayes have it, the nays automatically join them in the implementation of the Bill,” Koech told a news conference at Parliament Buildings yesterday.

The referendum, he added, was not based on a collective party position, but individual decisions.

“Whatever the legislation, when Parliament passes it, and in this case it was the verdict of the people, in a democratic society those who did not support are going to support it and participate in its implementation,” Koech said.

He said those arguing otherwise were “playing to the gallery.”
Koech said the leaders of ‘No’ team had allowed a contest and conceded defeat, which had “helped the country to redeem our image” following the 2007 General Election fiasco.

Midiwo downplayed the issue of those to be named in the committee, saying it was a committee of the House and all members were eligible to be members.

Immigration Minister Otieno Kajwang said Justice Minister Mutula Kilonzo should not give prescriptions on who should be in the new committee.

Mutula had on Monday said that the current members of the review committee should become members of the new committee.

Judges to quit rather than face graft probe
File | NATION Judges during a judicial open day at the Nairobi Law courts in 2006. The judges referred to in the story are not pictured.

By Jillo Kadida jkadida@ke.nationmedia.com

In Summary

* Having survived ‘radical surgery’, some prefer to retire than put up with investigations set out in the new constitution

Judges will on Wednesday discuss proposals on how they should be vetted as required by the new Constitution.

Some of them are contemplating retiring from the Bench, rather than go through the vetting.

Of the six judges interviewed by the Nation, five said that they planned to take early retirement, rather than be investigated for corruption and incompetence.

A team, headed by Justice William Ouko, will take the judges, who are attending their annual meeting in Mombasa, through the Judiciary’s suggestions on the vetting.

Kenyan Judiciary is conservative

The Kenyan Judiciary is conservative and judges hardly ever express an opinion in the Press. The judges the Nation interviewed only spoke on condition of anonymity.

“I have served the Judiciary for long enough and no one has ever questioned my integrity and competence. Why do I have to go through vetting? I have a few years remaining to my retirement and I don’t want to go down in history as the judge who was vetted and found wanting,” a senior judge said.

“Let the State undertake to pay us our dues and I am sure many of us will opt to go home and pursue other things in life,” another High Court judge said.

The Judiciary would like judges vetted by an independent tribunal made up of nine members, according to the report of the Ouko team.

Of the nine, three should be from the reconstituted Judicial Service Commission and the other six picked through a competitive process.

The report also suggests that the tribunal look at existing complaints against judicial officers , complaints in the hands of the Law Society of Kenya, which the judges might have committed while in private practice, among others.

The team asked that organs such as the Kenya Anti-Corruption Commission, the Criminal Investigations Department and the National Security Intelligence Services be invited to give input on judges and magistrates under investigation.

Many of the serving judges lived through the so-called radical surgery of the Judiciary in 2003. Some do not want to go through the experience again.

The shake-up followed a report by the then Court of Appeal judge Aaron Ringera, which saw 23 judges suspended and 282 magistrates sacked on corruption claims.

Five of the judges were cleared and reinstated and three of them — justices Philip Waki, Moijo ole Keiwua and Daniel Aganyanya, sit in the Court of Appeal.

The other two — justices Roselyne Nambuye and Msagah Mbogholi, are back at the High Court.

The judge in favour of vetting said the government should ensure that the people in charge of the process are independent.

Under the new constitution, judges will be vetted once Parliament puts in place a law specifying how the scrutiny is to be carried out.

Those found fit to hold judicial office will be reappointed, while those who fail the test of competence and integrity will go home.

Now Wako and Gicheru state terms for leaving office under the new law

Gideon Maundu |NATION This is my point, or so Attorney-General Amos Wako (left) seems to be telling the Director of the Kenya Judges Training Institute, Mr Justice Kihara Kariuki (centre) and the chairman of the Parliamentary Select Committee on Constitutional Review, Mr Abdikadir Mohammed, during a break at the annual conference for judges in Mombasa, on Monday.

Gideon Maundu |NATION This is my point, or so Attorney-General Amos Wako (left) seems to be telling the Director of the Kenya Judges Training Institute, Mr Justice Kihara Kariuki (centre) and the chairman of the Parliamentary Select Committee on Constitutional Review, Mr Abdikadir Mohammed, during a break at the annual conference for judges in Mombasa, on Monday.
By MARK AGUTU magutu@ke.nationmedia.com and EUNICE MACHUHI emachuhi@ke.nationmedia.com
Posted Monday, August 9 2010 at 21:00

In Summary

* I am ready but I must go in accordance with the law . We must follow the Constitution, says AG
We will go home but only in accordance with the law.

That was the response Chief Justice Evan Gicheru and Attorney-General Amos Wako had for Kenyans on whether they will retire within a year as required by the new constitution.
“I am ready but I must leave in accordance with the law. We must follow the Constitution,” Mr Wako told journalists in Mombasa on Monday.

Mr Justice Gicheru said: “We will follow the law. It is not a big issue. When the time comes we will follow the law that exists.”
Mr Justice Gicheru’s tenure is expected to expire in February 2011 — six months after the new Constitution comes into force, and the AG’s in August 2011.

The CJ has the option of allowing himself to be vetted — like all other serving judges and, if cleared, continue to serve as judge of the Court of Appeal. He will also be eligible for reappointment if the President and Prime Minister submit his name to Parliament for approval.

Besides the two top public officers, several other constitutional office holders are expected to head home.

On Monday, Mr Justice Gicheru said he was not worried about the vetting process as long as it is done legally. He urged Parliament to enact laws that will ensure no vacuum is created once the process starts.

“We are not worried about this issue of vetting and we are not going to have sleepless nights. We shall deal with the problem when it comes, but what I must insist is that the process must be carried out transparently and in accordance with the law,” he said.

He added: “In any case, if the entire Judiciary goes home, other people will be appointed to replace them and whoever feels prejudiced can always go to court”.
The CJ and AG spoke at the annual Judges’ Colloquium in Mombasa.

The five-day event, whose theme is “Strengthening judicial integrity and working together for efficient service delivery”, is attended by 11 Court of Appeal judges and 45 High Court judges.
Mr Justice Gicheru defended the Judiciary against allegations of incompetence.

“Let no one lie to you that there is interference because judges make independent decisions, which even I do not question,” he said.

Also present was the Kenya Anti-Corruption Commission chief Patrick Lumumba and Parliamentary Select Committee on Constitutional Review chair Abdikadir Mohammed.