We have a deal: will it hold?

Watch the deal signing here. Listen to Kikwete.

Body language: What will Kibaki and PNU be doing?

Two great things happened in Kenya yesterday. Kenyans witnessed what should have been done in 2002. Then they said 'Happy new year' to each other. Kenya ushered in a new chapter, but did she?

Look at this picture on the left. Certainly, Kibaki was not saying happy new year to Prime Minister Raila. PNU has no year to be happy about. At the beginning of the fight for justice in Kenya, PNU under-estimated the well guarded script that ODM held so close and dear.

When the Peoples' Prime Minister called for international mediators, no less than the bandit veep Kalooser Musyoka who must rue his bloated ego said Kenya needed none of that. Conspicuously absent at the historic signing of the truce and power-sharing arrangement, Kalooser has definitely lost his place of privilege in the new power arrangements. As a member of the government, he will be answerable to Peoples' PM Raila. Some of us entertain the thought that he may dive out of government to earn some freedom as a depreciated and crest-fallen leader of a colorless opposition. But who cares, the two pre-eminent bandits lost the election and they were imposing themselves on the people of Kenya. Their time has come to an abrupt end, unceremoniously.

Yet the fight has barely begun. Hold your horses, don't pop the champagne yet. If you critically look at the outcome of this agreement, and the weight of the backers who crafted and countersigned it, you will notice that PNU did not get what they wanted in the deal. They lost government and face. They will attempt to stymie the government by hanging to the state. Watch out.

They began by asking the ODM to go to court. But the Peoples' government would have none of it. The courts are infested with bandit appointees who would do anything to please the paymaster. Marionettes have no life of their own; strings are pulled by the one who desires the type of dance they want. Who would have imagined that PNU and the Kenyan courts would be so discredited as to lack respect? Yet this must be undone and confidence re-imbued on the Kenyan people. The country’s legal credibility must be regained and edged on permanent premises of fairness.

PNU's arguments for the ODM to run to court were basically based on their own poorly scripted riot act, assuming they had any. It was expected by the bandits that after stealing the election, PNU would entertain the ODM in endless court battles lasting for as long as they wanted power. Previous elections petitions in Kenya have yet to be settled well into subsequent terms. The law does not apply in retrospect, so what happens if a petition court finds out that someone served a full five years in parliament, albeit illegally? Nothing. It will be time-barred, and that is it.

The call for international mediation was met with retorts of "We are a sovereign state, we are not at war and this internal matter cannot be mediated by external people". Bandit veep Kalooser is a loser. He even hyped some inexistent magic wand to show that he 'created peace' (sic) for Somali and Sudan. As a celebrated peacemaker (in his delusionary hyper-inflation of a porous ego), he warned that he could bring the warring parties together. Judas Iscariot mediating between the bandits (of whom he is part) and the people of Kenya? Nope. ODM insisted on Kofi Annan after John Kufuor was derided as being too thirsty for Kenyan tea. PNU's disinformation agent Dr Goebbels Njoroge Mutua never spared a moment to deride the ODM in his Thursday briefs and paid up adverts that insult the intellect of Kenyans.

Rattlesnake Me Chuki, not to be left behind in the competition of the absurd, weighed in by saying that the mediators were coming at the instigation and invitation of ODM. Government (sic) was intact and legal. He said other senseless things that he must be busy looking for a capable system to rescind and vaporise from our minds. But he wont, it is embedded in our psyches and those of our toddlers who have watched everything with their teeth.

Nothing is as remarkable as PNU's lack of a framework. ODM went into the mediation talks, which PNU christened 'dialogue', with several case scenarios. PNU went there to lecture us on the sanctity of a constitution that they blatantly raped and defiled. Someone has taught us that if one wanted to benefit from any law, they ought to begin by respecting it. PNU trampled on the constitution of Kenya and then they were least prepared for the eventuality. Things, having fallen apart even after hiring the Kalooser outfit and the brains behind the most monumental of Moi’s scams, Mutula Kilonzo, they still could not hoodwink the international community into buying their jaundiced thinking.

Bandits suffer from some defect of some sort. PNU bandits suffered extreme cases of selective amnesia. On its mediation panel was a rabid and foul-mouthed Karua, whose disdain for men and love for power can be explained by nothing but her intimate knowledge of masked scoundrels called men of the cloth. Having dated a priest, she knows men for who they are. To here they chase skirts and nothing else. She was shocked by the firmness of the international community. They were not going to hear anything like appointing a PM under the current constitution by a man who has no respect for covenants.

First Kofi Annan, to prove his mettle and diplomacy, crafted four main steps towards resolving the problem in Kenya. We salute this son of Africa for showing utmost patience and astute leadership of the process.

But we hasten to warn everybody. It is not yet time to celebrate. Over 1500 souls have perished and yesterday Mr Kibaki made it clear “wale ambao wamepotea, basi wamepotea”. Heartless brute this man. May be we should revisit Lucifer’s slapping sprees and try to understand the genesis. Lucifer must have known that the only language that Baba Jimmy could understand was a slap. Kibaki did not speak as the President of Kenya after the signing ceremony. PM Raila was the inspiring and encouraging pragmatist. Kikwete almost said what Kibaki should have said. But we wonder who the bandit speechwriters are.

We warn Kenyans to not sleep. PNU has lost everything they wanted to steal and keep. And they will not take it lying down. They are sure to stage a fight-back. While they do this, we, the Kenyan bloggers who have kept the country in the international limelight must sustain our vigil for any dishonouring of the agreement. We demand certain visible powers be ceded to PM Raila. He needs to run government and initiate reforms that inspire business and jobs creation. We need parity in wealth distribution and a federal constitution nothing less. We want no games and we have to remain on guard for the Kenyan people.

If you doubt our caution, look again at Bandit Kibaki and decipher the message he is giving to PM Raila. What happens to the stakeholders of the banditry namely Moi, Kalonzo and all the others.

Meanwhile ODM must hand back the Health ministry to mama Rainbow Charity Ngilu ASAP.

On behalf of ourselves and all Kenyans of goodwill, we wish to salute all those relentless bloggers who wrote and stood for justice and human rights even in the face of searing attacks from PNU's cyber-squatters. Thank you all of you at Kumekucha, Jukwaa, and all others whom we cannot enumerate. Let us not close shop, it is never over until it is over.

PNU's (alleged twisted) master plan to legitimize it's bandit leadership

Action Point – Publicly Challenge ODM

Rather than just pay for Adverts seeking the truth and challenging Raila and ODM, these are the very exact questions Kibaki; yes the President himself. And he needs personally ask those questions on national TV and Radio. He needs to keep saying the same things over and over in English (Yes, English, his Kiswahili awful). Arrange for well publicized press conferences with question and answer sessions.

In English. The man is extremely eloquent and needs nobody to write speeches for him, as long as he does them in English. Others around him can do the Kiswahili versions on his behalf. Then let him mention and challenge Raila and Ruto by name. Yes challenge them personally and put them on the defense. Other PNU and PNU friendly officials go after their counterparts in ODM. Kibaki takes the challenging lead role and others follow. Let Kalonzo talk peace and show dictatorial tendencies of the entire ODM leadership and hence his jumping ship with ODM-K. Make public tours and repeat the same challenges over and over.

Action Point - ODM Rigged Big time

Get folks in ALL suspicious ODM areas where the vote was stolen in favor of ODM to file petitions in court. Prevail on the courts to move with speed and urgency to nullify the elections if the voters are indeed dead or could not have voted. This is a public safety issue and public security. Give it top priority. Hire more Judges if necessary to handle other cases while the more respected and experienced judges handle the election petitions. This is part of the negotiation ODM is pretending to ask for - speedy resolution of election cases.

Action Point - Preaching Peace

Get ALL religious leaders and community leaders preach UNITY like NEVER before. For example, get popular pop stars, local and international to participate in peace rallies. So what the government pays for them directly or otherwise. It’s about endearing the masses for the sake of peace. Get the Muslim leaders to condemn violence. Islam is a peaceful and compassionate religion, not the radical fundamentalism painted by the west. The government should embrace and echo that fact over and over. Have interdenominational prayers by all major religions. Condemn ODM style violence and senseless loss of life. Use Burnt Forrest as an example - always.

Action Point - Demonize Majimbo

Make MAJIMBO synonymous with VIOLENCE and discrimination and an excuse for wanton destruction of life and property. Mount similar campaigns like those by ODM and condemn violence and insist on peace and amicable resolution of disputes in courts. Get all the top-guns to go for peace and ONE nation, One Country under the rule of law NOT lawless disputes on the streets as rallying points. Always mention Majimbo on the same sentence with Raila, Ruto and Chaos and loss of life. Show that it is a hate campaign designed to bring chaos. Repeat the church burning and tossing of the 3yr old as what Majimbo means. We are all brothers in one family called Kenya. Show how Kibaki has been all-inclusive president but was railroaded by a disgruntled minority after the referendum to snatch power illegally. Drum it in, over and over.

Action Point- Act on Corruption
Get all those corruption cases on the likes of Ruto, Mudavadi and Murungaru on fast track. Show that ODM is a worthy opponent with good points but those good points are being tarnished by corrupted individuals. Name them by pointing to corruption cases. Make them pay for the corruption. Please the West that cries for corruption cases and jail terms. Kosgey and Ruto should be first closely followed by other dirty individuals even in Kibaki camp. The country is much more important than a few rotten but friendly eggs. The point is to be seen to be taking action on corruption…remember the perception factor?

Action Point - Act on Violence Masterminds
With the Intelligence on hand, prosecute RUTO, Alexanda Sitienei and accomplices on RV clashes. Damage has been done in RV so, no worse could happen with the Kalejin vote. Get others on incitement charges. Make tribal clashes look REALLY BAD AND BARBARIC. Let everyone frown on the primitive nature associated with it in this day and age. Several people must face the law and indeed long jail terms, really long. They should be highly publicized cases.

Action Point - Public Thoroughfare

Make blocking public roads look so bad and make bandits blocking such roads as economic saboteurs and potential murderers and robbers. They are basically criminals up to no good. The motive for such closures is always to cause trouble, rob, maim and even kill in the mayhem. Execute shoot to kill orders for blocking roads. Move with speed. (Try blocking I-95 in the US with barricades and see what will happen, human rights will be forgotten!)

Action Point - Increase the Police Force
It’s a known fact that in Kenya, the police and armed forces in general are seriously outnumbered per capita (to the general public) going by world standards. Hire extensively and fast track police training to maintain peace. Have local policing to maintain peace and above all avoid local thuggery. Borrow a leave from the extremely functional Tanzanian policing system: Security is everyone’s concern; national police is a supplement to help the locals as they maintain and manage peace, not the other way round as it is in Kenya.

Action Point - International Mediation
Invite International mediators and show the facts and especially as they favor the government side. If for instance President John Kafour was railroaded with un-orthodox documents out of character and disingenuous procedures, let the government have President Kafour talk about it to the world media. Let the Kenya public hear it over and over again. Have public debates on it. Always focus and shape the public debate in PNU favor. Never play catch up to the opposition. Senior government officials participating in such talks should give a public report as much and as often as necessary. You know the opposition will rush with biased information, act to beat them in the press game.

Action Point - Look to the future
With VP Kalonzo secure on the government side, let him take the lead in the Peace initiatives with the President taking a commanding role and being publicly visible. Have an internal move to put ODM-Kenya and PNU friendly parties into one. This becomes a HUGE advantage to Kalonzo who should be preparing for the 2012 Presidential elections. Get the Coast and Western Provinces fully behind the new unity party, whatever its name. DO NOT RELENT on the Media and wooing the youth in the new-Kalonzo unity initiative. Always give a forward looking, confident, inspiring and highly optimistic future with the young fully incorporated.

Action Point – Keep Central Out of the limelight
Central and GEMA tribes, the so-called Mount Kenya Mafia are Kenya’s favorite punching bags in the political arena. Keep the GEMA group in crucial supportive roles behind the scenes. Kamba and other non-GEMA tribes to be seen leading the imitative but not prominent in its formation. Have GEMA 100% behind Kalonzo with Western Kenya, Coast, N. Eastern and Rift Valley prominent in the new unity outfit. With such Strong unity and a corruption free progressive government, ODM will be struggling. Kalonzo should take that lead with public blessings of the president. With KANU left as a skeleton, a single strong united party, extremely disciplined should be the force required to confront ODM in the coming and inevitable battles in parliament and public Perception.

Action Point – The Raila Factor

Get the public talking about loss of life in the abortive 1982-coup attempt and the Dec 27, 2007 election aftermath. Connect the dots with public utterances on Raila to mean disgruntled, willing to kill and circumvent the law for leadership sake. The ODM adherents went with the winning propaganda party that looked like it would win with GEMA as the poster boys of ridicule, and it worked. Never relent on the violence and Raila’s desire to be president whatever the cost, including loss of life. Do whatever it takes to turn tables around for all to embrace each and all, irrespective of tribe. It can be done!

Action Point – The Youth Factor
The Youth must be incorporated in this new unity initiative. It needs to be fashioned in such a way to look like it is the Youths initiative, progressive, non-tribal and chic! If a young person has to be progressive and forward looking then one has to be made to be spearheading the new initiative that truly condemns and shuns violence and dismiss it. Strengthen the Women and Youth Development funds. Give credit to the Government.

Action Point – The Western World Motive
Insist on the motive for the Western government to ridicule and point a finger at Kibaki. Show publicly with convincing figures and graphs what the West lost in terms of no-bid government contracts with business moving to China. Show how they refused to support Kibaki after the contracts were cancelled. Show high tax collection and how it has been put to excellent use. Show budget supported by 95% local revenue. Show development was across the land before the violence. Show pictures of before and after. Show the West motive is to subjugate and domineer the poor countries and Kibaki managed to break free. Breaking free meant that the rest of the Poor countries were being shown the way forward by Kenya, and that the West can’t afford that.
Show the WTO policies and how Eastern facing by Kibaki (Read China) is bad for the West and Great for Kenya and poor nations. Bring the contradictions of Raila courting Muslims by day and the West by night. All the actions should be thoughtfully timed with the public debate always insisting on peace and progress. Encourage others to acknowledge the Kibaki splendid record. YOUTH MUST of necessity, be at the core of the all these initiatives. After all, the future of the country (and indeed the kingdom of God) belongs to such as these young… Actually work has been cut for PNU side: just use the now infamous ODM Poll Strategy document only this time for positive outcome. Use similar SWOT analysis and above all, have the outcome ACTED upon.

Swing this thing around using their weapon, clearly thought out action plans with specific goals and objectives with action-oriented operatives. This is serious business to be executed corporate style. No roadside or broadside statement declarations. No statement to be issued unless approved by the core think-tank. It’s a high stakes game by very senior management professionals.

Documentary evidence of rigging by ECK

If you had any doubts that ECK played a crucial role in stealing the presidency for Kibaki, look at the table below. If you thought that a recount of the votes cast were a remedy, then you are in for some rude shock. While the world has been busy following the mediation efforts of Kofi Annan, PNU has been doing two things. An urgent assignment was to put paperwork in order and therefore legalize the rigging that handed bandit president Kibaki the discredited second term.

The second assignment was to continue buying time in order to wear out the negotiators while Uhuru Kenyatta was busy in the second tier of rigging. Although ODM forwarded a list of councillors for nomination, including that of Ms Esther Passaris who was tipped to become the second mayoress of Nairobi, Mr Kenyatta had other ideas. He used the Kenya gazette to rig her out and therefore stand in the way of ODM making history. This will not deter the agents of change. The move by Mr Kenyatta serves to underscore the extent to which the bandits can descend to cling on to illegitimate power. They must be stopped at all costs.

Look at the tabulated evidence of rigging at ECK by ECK for bandit Kibaki and judge for yourself.

More than one thousand words for justice and peace

Time to overthrow Kibaki by whatever means

The waiting does not help anything any more. PNU went into the Annan-led mediations without any agenda. They had one position, that they were not going to move an inch out of their stolen position. No wonder that little progress has been made on fundamental issues.

Finally the world knows who is building roadblocks on the mediation. PNU is not interested in constitutional review, it is not interested in righting the wrongs it has visited Kenya and the country must brace herself for a long war and hopefully the fall of the bandit president.

There are only two options to this. One is to walk the long and painful road of endless talks, with nothing but half-deals being signed. The other is to say enough is enough and declare independence from Central and let Kenya redefine herself. Let us face it. ODM went into the talks with a mind fixed on diplomacy. That is why they did not bother to rope in lawyers with their usual traps of lengthy, if boring, legal tussles. ODm had several schemes, plan A was to force Kibaki's resignation and a rerun. That was shelved for plan B and finally the arrangement on power-sharing emerged as a viable option.

To share power, ODM needs to ensure that their captain is not answering to Martha Karua, who together with John Michuki are the shadow presidents of Kenya. President Raila has to exercise executive power free from the appendages from the senile bandit at SH.

Even after the US mellowed from their initial dalliance with bandit Kibaki, and accepted that real power must be shared, the thieves are engaged in grand-standing and chest-thumping. It is not going to be allowed. At the moment, the thieves are bent on rounding up opposition supporters under many pretences. This morning, it emerged that police had arrested some 100 opposition supporters "for failure to pay rent" an issue which is obviously outside their call of duty. Why are they becoming tax collectors?

As we write this, it is emerging that Mr Jackson Kibor, a prominet farmer and transporter in Uasin Gishu and the ODM's lead campaigner in Eldoret North was picked by the police. The asthmatic Kibor, 80, was arrested to cow Mr Ruto to soften at the Annan table. This is unacceptable.

Disturbing information indicate that the 2004 Nobel peace prize winner and environmental activist, Wangari Maathai, had her security withdrawn and threats to her life were made. In one of the messages she showed reporters said, "Because of your opposing the government at all times ... we have decided to look for your head very soon,". This comes after a number of independent minded Kikuyus including Maina Kiai and a number of journalists were marked and warned of retributive punishment by mungiki goons. This bandit regime is using militia to terrorise the citizens.

The second option is more dramatic. It is time to secede and partition Kenya into what it should be. Let the bandits kill themselves and steal from themselves. The civilized world must refuse to have any fellowship with the jigger-infested and demented bandits. Time to overthrow Kibaki is now. How to achieve that is not in question, the end justifies the means.

Who owns the land? Blood and soil issue

The passion with which millions of wananchi valued their presidential vote in the stolen 2007 presidential elections can be reflected in scenes of the bloody post-election clashes today that engulf Rift Valley, Nyanza, Coast, Nairobi, Western and to a less extent in other parts of the country. Nakuru is now the latest epicenter of inter ethnic murders.

The violent reactions to rigged elections may reflect the pain of deep and historically rooted injustices some of which predate Kenya's independence in 1963.

They are in fact motivated and exacerbated by landlessness, joblessness, and poverty believed to be heavily contributed towards by the prevailing political status quo that has dominated Kenya since independence. This is a system that has continuously perpetrated, in successive fashion, socio-economic injustices that have been seamlessly transferred from one power regime to the next.

The Land Issue

With a fast growing population in Kenya, limited resources including land and jobs, have severely been put in extreme pressure. Responsive political operatives cognizant of this reality have appreciated the importance of incorporating progressive policies that seek to aggressively address poverty, landlessness, unequal distribution of resources and unemployment, as a matter of priority (in their party manifestoes) if any social stability is to be maintained in Kenya.

Without doubt, the opposition party ODM sold an attractive campaign package that sought to address historic land injustices, unemployment, inequitable resource sharing and poverty through a radical constitutional transformation, under the framework of the people-tailored Bomas Constitution Draft.

ODM proposed to tackle the land problem through clauses in the Bomas draft, captured under devolution and land chapters, with specific plans to form a National Land Commission to address the issue of landlessness and historic injustices of expropriation of native land by colonial and post-colonial powers.

The roots of the land conflicts in Rift Valley land lie with the former colonial power, Britain; post-independence land policies by the Jomo Kenyatta, Daniel Moi and Mwai Kibaki administrations; and the tendency for ethnic favouritism and patronage by power wielders.

Colonial expropriation of native lands in Rift Valley and Coast

In a nutshell, the British settlers literally grabbed native Maasai and Kalenjin lands in Rift Valley and Miji-Kenda, Taita and Taveta land at the Coast. At the Coast, there was also the added grabbing hand of the Middle-East Sultans who lay claim to another Coastal strip. Millions of voters from these communities (now deeply affected by landlessness and poverty) are today largely drawn towards ODM's reform policies that seek to address these INJUSTICES.

Long before Independence, vast arable tracts of the Rift Valley were designated as White Highlands, reserved for European settlers. The pastoralist communities, mainly Kalenjin and Maasai, were simply moved away.

The 1904 and 1911 Anglo-Maasai land "Agreements" details the unjust grabbing of Maasai lands in Laikipia, Naivasha, Ngong, Karen, and tracts along the Uganda Railway line whereby uneducated Maasai Laibons either friendly to, or fearful of the British (christened Paramount Chiefs) like Lanana Ole Mbatian, were cajoled and intimidated into giving away native fertile Maasai land to the colonialists.

The words in the "Agreements" read like ……"we the undersigned, being the Laibons of clans of Maasai, have of our own free will, decided that it is for OUR best interests to REMOVE OUR PEOPLE, FLOCKS, AND HERDS into definite reservations away from the Railway line and away from European settlements….." and "…..In conclusion, we wish to state that we are quite satisfied with the foregoing arrangement, and we bind ourselves and our successors, as well as OUR PEOPLE, to observe them as long as the Maasai as a race shall exist.."

The next thing we knew was that the Maasai were crumbled into arid portions of present day Kajiado and Narok districts. Grazing fields, and the very pastoral lifestyle of the Maasai instantly became threatened and continues to do so as we speak, without any restitution, compensation or pro-active rehabilitation into another life.

100 years later, when asked to address this burning Maasai land issue, former Lands Minister appointed by Mwai Kibaki, Mr. Amos Kimunya, once told the Maasai that there was nothing to address since the wise Maasai forefathers had given away their land to the British in a BINDING AGREEMENT which continues to apply to date.

Well, similar horrid but true stories applied in Kalenjin lands of Rift Valley and at the Coast too.Before independence, Kenyan political parties argued over whether the native land should be returned to the indigenous population under a federalist system of government or kept firmly under the control of a centralised state. Needless to add, those who favoured the latter option, in the form of the Kenya African National Union (KANU), which went on to form a government under Jomo Kenyatta, prevailed.

1963 Independence, enter Jomo Kenyatta and GEMA Land-buying companies

Trouble is, we had a majimbo constitution at independence. Jennifer Widner explained in her 1992 book, The Rise of A Party-State in Kenya: From "Harambee!" to "Nyayo!" that KANU "urged central control of all regions in an effort to forestall local majimbo legislation restricting land transfer to those born in the area, and to maintain the foothold of the party's Kikuyu supporters in the Rift Valley land market".

Many settlers were returning to Britain. Kenyatta and his cronies quickly formed the Settlement Transfer Fund Schemes (STFS) and asked the British for a loan to the Kenyan government, to buy off land from colonial settlers returning to Britain. Good idea up to this point.

Britain, having been reassured by Kenyatta that those settlers still wishing to stay on in Kenya would not have their land repossessed, advanced the money. This money was used to buy settler land which was officially sold into the Kenyatta initiated Settlement Transfer Fund Schemes (STFS).

Next, Kenyatta began to give away and sell for peanuts, these government (STFS)-acquired, former colonial land parcels, to himself, his family and cronies around 1964 and 1965. This is the point when the rain started beating Kenya. Kenyatta's then Vice President, Jaramogi Oginga Odinga, cried foul and rejected these acts of wanton land grabbing.

The opportunity to choose nationalism and selflessness over greed and ethnic tendencies was lost. Rather than address this land issue once and for all, Kenyatta opted to REPLACE the settler colonialsist in land they had initially grabbed from natives. We have began harvesting the seeds of the mustard sown by Kenyatta in the 1960s. It will not be sweet at all.

The Seroneys and other Nandi and Kipsigis leaders immediately cried foul when Kenyatta ensued in his land grabbing tendencies. So were many Maasai and Miji-Kenda leaders like Ronald Ngala. Their cries were feeble and over run. Today and tomorrow, their descendants will demand justice and restitution in an exercise that threatens to tear apart Kenya's social fabric.

Who will shoulder the burden of the fruits enjoyed by Kenyatta and his cronies, Moi and his cronies, and Kibaki and his latter day cronies? Will it be the poor Kenyan taxpayer taking the bill in form of blood, and more taxes?

Going back,.... down memory lane..... in the immediate post-independence era, the moment, the Seroneys and Ogingas started crying foul, and nothing was done, we entered a dangerous phase of our nation's socio-political path.

The political leadership of Kenya began carving out into two distinct groups. The pro-Kenyatta land beneficiaries, sycophants and apologists where Tom Mboya, Daniel Moi, Paul Ngei and others trooped towards,….and another force resisting the greedy post-Independence governance by Kenyatta which was led by Jaramogi Oginga Odinga, and included several former KADU operatives like Ronald Ngala, Jean Marie Seroney, Masinde Muliro, Martin Shikuku and others.

Kenyatta soldiered on with his grabbing. He concurrently went ahead with the help of Tom Mboya to change the constitution to give immense imperial powers to the Presidency. He further began using such powers to allocate more land to his cronies and sycophants. His salivating appetite for Rift Valley land largely motivated his choice of Rift Valley natives as Vice President after Oginga Odinga.

First he chose a Maasai, Joseph Murumbi, who read the scheme of land-betrayal on his people and resigned in a huff, then Kenyatta selected Daniel Arap Moi, a Tugen not drawn in the Nandi and Kipsigis land battles, as his next loyal VP. He then descended upon grabbing Rift Valley and Coastal land in a business as usual and "mtafanya nini" attitude that Kibaki is trying to emulate today.

Kenyatta cronies including Mbiyu Koinange, Njoroge Mungai and others devised a clever scheme to further benefit themselves from the land transferred from the colonialists. They formed land buying companies through loans which were actually funded with tax-payer money. At the height of land buying companies, most of the power brokers acquired huge chunks of land at the expense of the landless who were meant to be the initial beneficiaries of the scheme.

According to Widner (in her book), by 1971, more than 60 % large-scale farms around Nakuru and 40% of small scale settler farms, were held by Kikuyu, who fared very well from this arrangement, at the expense of other Kenyan communities.

Another scholar noted that "Using the political and economic leverage available to them during the Kenyatta regime, the Kikuyu, took advantage of the situation and formed many land-buying companies. These companies would, throughout the 1960s and 1970s, facilitate the settlement of hundreds of thousands of Kikuyu in the Rift Valley," wrote Walter Oyugi in Politicised Ethnic Conflict in Kenya: A Periodic Phenomenon.

In 1969, Jean Marie Seroney, a leading Nandi politician and MP, issued the Nandi Hills Declaration, laying claim to all settlement land in the district for the Nandi. His demands went unheeded. Aping the British Kenyatta government used a policy of divide-and-rule to neutralise such opposition by parcelling out land to other ethnic groups and thus winning their allegiance. Daniel arap Moi, the then Tugen vice-president was allocated the settler farms of the Lembus Forest and the Essageri Salient to divide the Tugen from the Nandi like Seroney.

Most of the power brokers in the Kenyatta regime who formed land-buying companies established huge farms in the Rift Valley either jointly or on their own. They included Njenga Karume, the then Chairman of Gema Holdings, who acquired 20,000 acres in Molo where he is growing tea, coffee, pyrethrum and potatoes and 16,000 acres in Naivasha.

GG Kariuki acquired his 5,000 acres at Rumuruti, Laikipia Division, while former Attoney-General Charles Njonjo bought into the 100,000 acre Solio Ranch. Don't forget, grabbing of settler land in Central by many colonial collaborators, at the expense of the Mau Mau fighters, was part of the scheme. Senior Chief Munyinge from Muiga took 400 acres. Initially, senior chief Munyinge was allocated only 70 acres but with time he managed to acquire 330 more acres.

Mwai Kibaki acquired 20,000 acres in Nanyuki, Former MP Munene Kairu has 32,000 acres at Rumuruti. Mr Isaiah Mathenge, the former powerful Provincial Commissioner under Kenyatta and an MP under Moi, is arguably the largest land owner in Nyeri municipality.

He owns Seremwai Estate, which is 10,000 acres. Kibaki's friend, Kim Ngatende, a former government engineer, has 500 acres too.Mathenge also owns—jointly with former Provincial Commissioner Lukas Daudi Galgalo—the 10, 000-acre Manyagalo Ranch in Meru.

Back in Rift Valley, as Jaramogi and the rest of Kenyans were saying, Not Yet Uhuru, it was land grabbing business as usual. Land-buying companies were heisting big. There result was big acquisitions, for instance, Munyeki Farm—which stands for Murang'a, Nyeri, Kiambu – (4,000 acres), Wamuini Farm (6,000 acres), Amuka Farm (2,000 acres), Gituaraba Farm and Githatha Farm (1,000 acres each) and GEMA Holdings 12,000 acres. A few of them are being utilized, today with the owners growing various crops ranging from coffee, tea, maize and dairy keeping.

The other big farms include Chepchomo Farm (18, 000 acres), owned by the former Provincial Commissioner Ishmael Chelang'a. The family of the late Peter Kinyanjui, who was a close friend of President Mwai Kibaki and a former DP Chairman in Trans Nzoia between 1998 and 1999 owns 1,800 acres.

In Nakuru, several politically connected individuals have acquired many acres of prime land within the town—they include lawyer Mutula Kilonzo, who owns an 800-acre farm for dairy farming. The immediate former Auditor General, D S Njoroge, owns 500 acres, while Biwott's Canadian son-in-law & co-owner of Safaricom (Mobitelea) a Mr. Charles, boasts a 100-acre piece where he is growing roses.

D. S. Njoroge also owns the extensive Kelelwa Ranch in Koibatek, which is less than 10km from Kabarak, where he rears cattle and goats. The 10,000 acre Gitomwa Farm—acronym for Gichuru, Tony and Mwaura—is owned by the family of the former Kenya Power and Lighting Company Limited (KPLC) managing director, Samuel Gichuru. Tony and Mwaura are his sons.

Another 10,000 acre farm in Mau Narok belongs to the family of the late Mbiyu Koinange, Kenyatta's side-kick and powerful minister of state in the Office of the President. His Muthera Farm (4,000ha) is leased to different people to grow wheat, while a group of squatters is demanding a piece of it. The owners are yet to clear the Sh7 million Settlement Transfer Fund loan.

Ford-People leader Simeon Nyachae's Kabansora Holdings owns 4,000ha in the area. Former Rongai MP Willy Komen's family owns 10,000 acres — 5,000ha adjacent to Moi's Kabarak Farm and another 4,800ha near Ngata in Njoro.

Coast Province was not spared. Kenyatta family owns almost 15% the prime resort land in the province, besides a huge sisal plantation spanning both Taita and Taveta districts, safely watched by his son-in-law and former MP Marsden Madoka, and another close friend to Uhuru Kenyatta, and current Minister in Kibaki's illegitimate government, Naomi Shaban.

Kenyatta, Moi and Kibaki land holdings

Kenya's two former First Families and the family of President Mwai Kibaki are among the biggest landowners in the country. The extended Kenyatta family alone owns an estimated 500,000 acres — approximately the size of Nyanza Province — according to estimates by independent surveyors and Ministry of Lands officials. (This report first appeared in the Standard Newspaper report by Mr. Otsieno Namwaya)

The Kibaki and Moi families also own large tracts, most held in the names of sons and daughters and other close family members, all concentrated within the 17.2 % of Kenya that is arable or valued. Remember that 80 per cent of all land in Kenya is mostly arid and semi arid land.

According to the Kenya Land Alliance, more than a 65% of all arable land in Kenya is in the hands of only 20 per cent of the 35 million Kenyans. That has left millions absolutely landless while another 67 per cent on average own less than an acre per person.

The building land crises in the country, experts say, will be difficult to solve because the most powerful people in the country are also among its biggest landowners.The tracts of land under the Kenyatta family are so widely distributed within the numerous members in various parts of the country that it is an almost impossible task to locate all of them and establish their exact sizes.

During Kenyatta's 15-year tenure in State House, he used the elaborate STFS scheme funded by the World Bank and the British Government, to acquired large pieces of land all over the country. Other tracts, he easily allocated to his family.

Among the best-known parcels owned by Kenyatta's family, for instance, are the 24, 000 acres in Taveta sub-district adjacent to the 74, 000 acres owned by former MP Basil Criticos.

Others are 50, 000 acres in Taita that is currently under Mrs Beth Mugo, an Assistant minister of Education and niece of Kenyatta, 29, 000 acres in Kahawa Sukari along the Nairobi—Thika highway, the 10, 000 acre Gichea Farm in Gatundu, 5, 000 acres in Thika, 9,000 acres in Kasarani and the 5, 000-acre Muthaita Farm.

These are beside others such as Brookside Farm, Green Lee Estate, Njagu Farm in Juja, a quarry in Dandora in Nairobi and a 10, 000-acre ranch in Naivasha. There is another 200 acres in Mombasa, and 250 acres in Malindi.

Other pieces of land owned by the Kenyatta family include the 52,000-acre farm in Nakuru and a 20,000-acre one, also known as Gichea Farm, in Bahati under Kenyatta's daughter, Margaret. Besides, Mama Ngina Kenyatta, widow of the former President, owns another 10, 000 acres in Rumuruti while a close relative of the Kenyatta family, a Mrs Kamau, has 40,000 acres in Endebes in the Rift Valley Province.

Uhuru owns 5,000 acres in Eldoret, 3,000 acres in Rongai and 12,000 acres in Naivasha, 100 acres in Karen, and 200 acres in Dagoretti. A 1,000-acre farm in Dagoretti is owned by Kenyatta's first wife Wahu.

It is also understood that part of the land on which Kenyatta and Jomo Kenyatta Universities are constructed initially belonged the Criticos family. The government bought the land from him in 1972 under the Settlement Transfer Fund Scheme and transferred to the Kenyatta family the same day Criticos sold it to the government. Land for the two universities was subsequently sold partly and a portion donated by the family.

One of President Kibaki's earliest grabs is the 1,200-acre Gingalily Farm along the Nakuru-Solai road. And in the 1970s, Kibaki, who was then the minister for Finance under Kenyatta, via STFS transferred to himself, 10, 000 acres in Bahati from the then Agriculture minister Bruce Mckenzie.

Kibaki also owns another 10, 000 acres at Igwamiti in Laikipia and 10, 000 acres in Rumuruti in Naivasha. These are in addition to the 1,600 acre Ruare Ranch.

Just next to Kibaki's Bahati land are Moi's 20, 000 acres although his best known piece of land is the 1,600 Kabarak Farm on which he has retired. It is one of the most well utilised farms in the area, with wheat, maize and dairy cattle.

The former President owns another 20, 000 acres in Olenguruoni in Rift Valley, on which he is growing tea and has also built the Kiptakich Tea Factory (recently torched). He also has some 20, 000 acres in Molo. He also has another 3, 000-acre farm in Bahati on both sides of the Nakuru/Nyahururu road where he grows coffee and some 400 acres in Nakuru on which he was initially growing coffee.

The former President also owns the controversy ridden 50, 000 acre Ol Pajeta Farm—part of which has Ol Pajeta ranch in Rumuruti, Laikipia. Some time in 2004 Moi put out an advert in the press warning the public that some unknown people were sub-dividing and selling it.

Can solutions can be offered to address these land problems?

This is clearly a socio-political problem that requires a political solution. It involves digging up the archives, consulting experts, policy makers, local politicians and community elders to find a comprehensive solution.

Such formulated blueprints can then be sold to Kenyans of all creed, race, religion and ethnicity in a publicity campaign that seeks to draw in as many supporters as possible. A responsive political party genuinely keen to tackle this tough problem can actually sell a comprehensive and just land reform policy as part of its manifesto.

These must be cognizant of the constitutional implications concerned in addressing past and present land issues.

Guess what. This incidentally happened already. ODM party, using the Bomas draft constitution which proposes to establish a National Land Commission sold this idea to Kenyans during the referendum campaigns and at the 2007 General election campaigns.

Many Kenyans especially those directly affected by landlessness chose to give this idea a test. That party attributed to ODM's resounding win over Kibaki's PNU which prefers to sleep over the land issue quietly.

But before the coronation of ODM into government, Kivuitu and his ECK had other ideas. Blatant and daylight robbery of an outright electoral win by ODM was executed by Kivuitu and ECK to illegitimately hand over power to Kibaki.

None of the confident voters who were determined to start demanding results and accountability with regards to land and other biting issues such as unemployment and poverty, from the NEW government they elected seem ready to take Kibaki's attempted robbery lightly.

What we are witnessing in Rift Valley, lately in Nakuru, may just escalate to new heights considering the fundamental weight of the underlying blood and soil issue of land.

Explaining the Gema Ruto-phobia

William Kipchirchir Samoei arap Ruto is young, sexy, charismatic and stinking rich. He is a politician, a leader and a businessman. All these cast into one, add that to him being dangerously sharp and witty and you know why the hate groups are swelling in like manner. Ruto is a good orator and he belongs to a generation in the Kalenjin community that prides itself for courage. The Kaplelach generation is one full cycle complete after the previous one which was represented by none other than Koitalel Samoei, the Nandi Orkoiyot.

Those who like the man do so with religious reverence. Those who hate him are equally passionate about their feelings. The haters have brought a new dimension to Ruto-phobia. There is now a sustained media and cyber-campaign to tarnish the man who can articulate his position without fear. He is unfairly linked to the post election violence.

But why do Gema and PNU-leaning politicians loathe Ruto? The man is one of the brains behind the Orange Movement that would later transformed into the political party that won the 2007 election in Kenya. An astute team player, Ruto would later help strike a regional deal to solidify the Western Kenya Alliance of Luhya, Kalenjin and Luo communities in ODM while solidifying Coast and North Eastern regions to the surprise of many a political pundit.

Ruto is widely perceived by GEMA (Gikuyu, Embu, Meru) hardliners as a representation of a resurgence and virulent independence of an ill-perceived Kalenjin hegemony and a quest to establish an autonomous Western Kenya jimbo, which, according to them, will engage in the business of driving away non-indigenous communities (read Kikuyu) from parts of Rift Valley. He is feared, in fact loathed. This does not wash; not in Rift Valley. The people of Rift Valley see a leader they trust.

The Mt. Kenya Mafia planned to use former President Moi in the Kibaki 2007 re-election campaigns to marshal the rich vote-basket Rift Valley for the bandit president. It was a tragedy. William Ruto, the ODM pointman of the Rift Valley held a mammoth rally in Moi’s Kabarnet backyard where he engaged him in a barrage of slur. Mzee Moi has never recovered from the humiliation he faced. Ruto led a strong campaign against Moi’s three sons Gideon Moi, Jonathan Toroitich and Raymond Moi and his protege, John Lokorio, who were contesting for parliamentary seats in Koibatek and Baringo districts. They all lost. Moi’s attempt to reach out to the people of Rift Valley to support Kibaki was met with rage and fervent resistance, with the province instead throwing its weight behind Mr Ruto.

The man was also in charge of the troops that fell the Goliath of Keiyo South Nicholas Biwott. The GEMA operatives then shifted their base to Bomet, Kericho and Nandi, hiring crowds to attend PNU rallies using Kalenjiin traitors Salat, Sang, Kimeto, Tarus and Barngetuny. They were shocked at the stanch and following ODM enjoyed from the community. By December 27, Ruto had rendered Moi permanently irrelevant in Rift Valley politics. Moi now spends most of his time in hospitals. The last time I heard of him he was seeing Dr. Silverstein, after spending weeks in Germany in the winter.

When parliament was summoned by bandit Kibaki, Ruto treated the house to brave theatrics which have only been a preserve of lawyers. In the ensuing stalemate following the stolen presidency, Ruto was conscripted to provide bedrock support at the mediation. Even after a sub-committee was constituted to fine-tune a power-sharing arrangement, ODM did not flood the team with lawyers as did PNU. Ruto, a peace-maker and strategist was in the core team that is driving the details of a transitional power-sharing pending proper elections.

And as the talks edge towards conclusion, it is becoming clear that power sharing is the only option out of the deadlock. Who knows who Raila Odinga may pick for the post of Prime Minister to fight the ‘wars’ in the House as he consolidates his troops for a grand election without the black-and-blue President Kibaki who many think may not be contesting for the presidency in two years? Watch this space.

Unfortunate attempts have been made to link Mr Ruto to an unfortunate torching of a Church in his Eldoret North Constituency. In fact PNU has attempted to link the key leaders of the ODM party to the mayhem in the country. That violence was spontaneous and it was reported in other places. If those who claim that Ruto organized the arson in Eldoret were sincere, what would they say about the Mungiki arson of 20 Luos in Naivasha? Were they funded by the area Kanu-MP, Hon. John Michael Njenga Mututho?

Ruto represents the future of Kalenjiin leadership and to attempt to link him to genocide is an attempt to drag the whole community into a needless strife with the illegitimate regime of Mwai Kibaki. The Kalenjiin will not take it lying down.

Records contradict minister

By Evelyn Kwamboka

THE Government signed an Anglo Leasing contract for the supply of Sh500 million security telecommunication system in 2003, court documents show.

In a petition and affidavits filed in the Central Registry of the High Court by Midland Finance Securities Limited of Switzerland and Globetel Incorporation of Cambridge, UK, the documents contradict the dates given by Finance minister, Mr Amos Kimunya. Earlier yesterday, Kimunya had claimed, the contracts were signed during the Kanu regime.

A director of the two companies, Mr David Dunkley, says the Government entered into the contract for the installation and commissioning of a Nationwide Digital Multi-channel Security system on May 29, 2003. Globetel Inc was to supply the communication system to the Administration Police. On the same day, the Government entered into a credit-financing contract with Midland for the first phase of the security contract.

The credit was to be repaid within 72 months from the date the agreement became effective. “The credit contract and the security contract were subject to the laws of England,” he says. The contract, Dunkley says, was to last two years from the date of execution. “Indeed a legal opinion was accordingly issued by the Attorney General, Mr Amos Wako, on June 17, 2003,” he claims. The UK-based company immediately embarked shipment of the equipment in the interest of the timely completion of the contract, Dunkley says in his affidavit.

“As a consequence, Globetel Inc purchased the necessary equipment for installation, had it inspected and shipped in accordance with the agreement, to Mombasa,” he adds.
The two companies also filed a case before a constitutional court on April 4, seeking orders quashing the Government’s decision to hire PriceWaterHouse Coopers to investigate the contract. They also want the AG and the Kenya Anti-corruption Commission or their agentsrestrained from arresting or preferring any criminal charges against them, their shareholders, agents, directors or contractors.

The companies want the court to declare illegal and uncontractual attempts by Government to criminalise the commercial dispute between itself and the petitioners.They contend that the agreements were entered into on the strength of AG’s legal opinion and were, therefore, lawful and do not warrant scrutiny by the audit firm contracted by the Ministry of Finance.

Hearing of the case failed to kick off, yesterday, when a Nairobi advocate, Mr Fred Ngatia, told the court he had instructions from the two companies, to join their advocate, Mr Kyalo Mbobu, in arguing the case. Ngatia told Justice Joseph Nyamu that he needs time to prepare his arguments, a request the judge granted.

The judge ordered that the case be heard on February 11, next year.

Anglo Leasing, Let Justice Be Done And Be Seen To Be Done - Watch The Globebetel/ Midland Finance & Securities Limited Contract Case On Tuesday Februa

Eight months ago, on Wednesday 9th May 2007, Maoka Maore,then MP for Ntonyiri (KANU) rose during a heated Parliamentary exchange with Finance Minister, Mr. Amos Kimunya and with flourish tabled copies of 36 irrevocable promissory notes, worth Euro 49,650,000 (Ksh 4.4 Billion) issued by the Finance Ministry in early 2003 to Midland Finance & Securities Limited.

This transaction is one of 18 security related “Anglo Leasing type” contracts that are widely regarded as corrupt. In fact, it was the first of the Anglo Leasing type contracts signed by the Kibaki administration in 2003. Ksh 4.4 billion worth of irrevocable promissory notes were issued ostensibly to guarantee repayments for a loan by Midland Finance to the Government of Kenya to pay for a digital multi-channel security systems telecommunications network for the Administration Police. Globetel Inc was meant to supply and install the system. According to the investigations by the Controller and Auditor General no such loan was made, and the system was not supplied. Each and every one of the irrevocable promissory notes was backed by a legal opinion by the Attorney General of Kenya, Mr. Amos Wako, dated June 17th 2003, which Mr. Maore also tabled.

Prior to the appearance of the copies, Mr. Kimunya told Parliament that the Telecommunications Network for Administration Police project: “never started and it is still the subject of protracted issues. No promissory notes were issued against this project and there is no refund, because no payments were made in respect of this.”

The first part of this statement is true: the Administration Police never got their telecommunications network. The second statement, that no payments were made, is definitely not true. Evidence shows that as of April 2004, millions of dollars were being transferred out of Kenya via Jersey and Frankfurt into the numbered Swiss bank account of Midland Finance & Securities Limited.

To further contradict all his prior positions on the Anglo Leasing affair, six days before the 2007 election the Minister of Finance issued a public caveat emptor (let the buyer beware) notice disavowing irrevocable promissory notes issued to seven companies – including Midland Finance & Securities Limited.

The Cause List of the High Court of Kenya shows that on Tuesday 12th February 2008, Justice Nyamu and/or Justice Wendoh will hear the parties in a case brought by Midland Finance and Securities and Globetel Inc against the Government of Kenya on two Anglo Leasing type supplier and the finance contracts for an Administration Police telecommunications network. Their case is that they are entitled to payment of the full contractual amount (up to Ksh 4.4 Billion), even as the contracts have been condemned by reports of the Controller and Auditor General, the Parliamentary Accounts Committee and the Kenya Anti Corruption Commission.

Kenyans should hold a watching brief on this case to ensure that justice is not only done but manifestly seen to be done.

It would be unacceptable if this case were lost or settled to the disadvantage of the public interest. It would be a tragedy if section 25A of the Anti Corruption and Economic Crimes Act were invoked. It will be recalled that section 25A reintroduced the rejected idea of amnesty for corruption and economic crimes. Worse it allows the Kenya Anti Corruption Commission (KACC) in consultation with the Minister for Justice and Constitutional Affairs and the Attorney General to give “undertakings” including to the subject of corruption investigations “not to institute or continue with investigations against any person suspected of an offence under this Act.”

As Tanzanians demonstrate against grand corruption in their country, surely Kenyans can likewise show they will not condone it in ours?

Let justice be done, and be seen to be done.

Other links: http://www.marskenya.org/pages/stories/Promissory_Notes/

http://www.marskenya.org/pages/stories/Kamani_brothers/

http://www.marskenya.org/pages/stories/AG_Incompetent/

Hope against reality: Does Kenya show indications of a collapsed State?

Bandit president Kibaki and traitor-in-chief Kalonzo Musyoka together control a willing two provinces. Six provinces in Kenya do not recognise the bandit government, are not willing to accept to be ruled by bandits and are running their affairs in a 'state within a state manner'. Today, Sunday 17 Feb 2008, Kosovo has declared independence from Serbia. Kosovo, a former province of Serbia covers an area of 10,887 sq. km, roughly the size of Connecticut and one third the size of Belgium (30,528 sq. km). Kenya's Rift Valley Province covers 173,854 sq. km, a whooping 16 times the size of Kosovo.

Kosovo has been run by the UN and NATO since 1999, when Slobodan Milosevic's forces were ousted after a NATO air war launched to end his crackdown on ethnic Albanian separatists. It has a population of 2m, mainly 90% ethnic Albanians. Muslims make up the majority, with Catholics and Christian Serbs.

Is it time for Kenya to pull away from the imposed hegemony from Kirinyaga? Should Kenya declare independence from Nairobi and leave the thieving bandits to turn on themselves? Some analysts are saying nothing short of a devolved government will save Kenya. In the devolved system, which should borrow from the ODM manifesto, Nairobi will be retained as the nominal capital of a weakened central government. Wealth and administrative authority will be ceded to the periphery. People who have argued that Kenya (580,367 sq. km) is too small to devolve fail to appreciate the truth about such small but viable countries like Belgium. For starters, Belgium is about one-twentieth the size Kenya and yet its GDP seven times that of Kenya.

Do we have any semblance of government in Kenya? What is the definition of a state? Nation? What makes for the sovereignty of the state? Conventionally, you cannot rule over an unwilling population. Bandit president Kibaki is imposing his illegitimate will on an unwilling country.

By definition, A state is a political association with effective sovereignty over a geographic area. It may mean a nation state or a sub-national state. A state usually includes the set of institutions that claim the authority to make the rules that govern the exercise of coercive violence for the people of the society in that territory, though its status as a state often depends in part on being recognized by a number of other states as having internal and external sovereignty over it. The banditry of Mwai Kibaki has been rejected by the international community, which 75% of Kenya refuses to recognise it. What is the state of the state in Kenya?

A nation is a form of self-defined cultural and social community. Though a nation is not identical to a state, the people of a nation-state consider themselves a nation; while traditionally monocultural, it may also be multicultural in its self-definition. The term nation is often used as a synonym for ethnic group (sometimes "ethnos"), but although ethnicity is now one of the most important aspects of cultural or social identity, people with the same ethnic origin may live in different nation-states and be treated as members of separate nations for that reason.

Signs are that Kenya is a collapsed state. Look at the symptoms of failure and judge for yourself whether Kenya is gone to the dogs.

Indicators of a collapsed State

1. Reliance on private security for safety and security, without which one feels threatened;

2. Privatized food security, basic education, health and livelihoods, mainly through reliance on charity. The general population psyche is that the government has a minimal role, and is cynical of their basic priorities;

3. Systemic conflict, with no clarity on how it will be addressed, and the population accepting it as a norm;

4. Adulterated justice system which often appears "bought/hijacked" , hence trust in them is minimal;

5. Community level governance abused, hijacked, marginalized, or openly threatened;

6. In national institutions, checks and balances tempered with for example in: procurements, payments for goods and services, recruitments, promotions and deployments, and the targeting of support in survival safety nets (e.g. bursaries, health, justice for the poor among others);

7. Misuse and misallocation/ misapplication of national resources: Purchases of luxury goods at the expense of basic essentials (Cars, trucks, natural resources, other immovable assets);

8. Systematic and personalized threats meant to cow a person(s) perceived to be a threat from exercising their rights (it takes many forms);

9. Collapsed infrastructure and utilities, that do not get preventive maintenance, and when done, the very maintenance acts become revenue generation to individuals involved; hence the state of disrepair is desirable;

10. Competing parallel structures and systems, often between privatized services (owned by politically correct persons) and those that are official, and which are neglected or undermined;

11. Integrity of national institutions tempered with: Citizenship, taxation procedures application, allocation and targeting of support to populations in need;

12. Limited or no support to interventions on equity, promotion of livelihoods and growth;

13. Dramatic privatization of national assets, creating instantaneous millionaires, who then further acquire capacity to undermine the State;

14. Frequent high mortalities from preventable causes: accidents, natural calamities, and systemic violence, often instigated or catalyzed by those who should be protectors of the people;

15. Destruction of the natural environment, often with immediate negative consequences: river catchments, drainage systems, approval of constructions that undermine the environment, and misuse of water;

16. Mushrooming of unplanned structures, for which the Town and Country Planning departments have no powers over. These then quickly lead to domino effects on every other facet of life of the population.

Kenya’s Police Chief Can Be Investigated For Contravention Of Law And Disobedience Of Public Duty

The performance of the Kenyan Police Commissioner Major General Ali in matters of high public importance and his stance on political issues are determinant factors for the conclusion that his actions are in contravention of law and disobedience of public duty.

Major General Ali failed to eradicate corruption and inculcate efficiency in the Police especially at the Traffic Department. Ali disregarded any major steps, such as setting up an investigative team to investigate and eradicate corruption. The outcome was that due to lack of serious traffic law enforcement hundreds of Kenyans continued losing their lives in road carnage majority of which involved Public service vehicles and heavy commercial vehicles. Even now it still remains evident how Matatus continue contravening laws with impunity under the noses of the Traffic Police.

Combating armed crime was a display by police officers of their capability and willingness to perform and offer their services to the public and was not an act of benevolence from the police chief. The fact being that it is part of the police chief’s job requirement to instil professionalism, impart a conducive working environment and ensure efficient performance of staff under his command in return of his services he gets an agreed salary.

The recent [pre-election] invasion of Nairobi city streets by hawkers and pickpockets brought about disorder, congestion, thuggery and anguish at the expense of peace loving and law abiding residents. It led to a situation of a public outcry with the Town Clerk admitting that the situation had reached a level which was beyond the council’s control and he blamed the police for failing to heed his request and intervene and enforce the law (the law empowers a police officer to enforce bye-laws). It is common knowledge that the hawkers were in fact potential voters being wooed by the Party of National Unity (PNU) and we also witnessed PNU members holding government positions coming out with all excuses for not being able to remove this nuisance. Some party supporters and members are even on record as having supported the hawkers actions of defying the law. One of the reasons given was that the Police did not have enough manpower to deal with the situation as they were busy with the election planning. In the recent [post-election] crisis the public have witnessed the extent of man-power and equipment the Police chief has at his disposal.

During the vote tallying the Police commissioner in his position as the highest ranking law enforcement officer within physical proximity of KICC, had the responsibility of stepping in to investigate complaints pointing to commission of criminal offences which were incessantly being raised by Orange Democratic Movement (ODM) party members. This was an issue of national concern and his was the absolute authority and under the premises of the law there was no authority at the ECK that could have stopped him from carrying out his lawful duty by ordering the respective CID units under his command to carry out on the spot investigations to verify the complaints raised.

Major General Ali ignored his public duty and did not intervene and initiate immediate investigations. He assumed the role of a subordinate to ECK and continued lending security support unquestionably and in complete ignorance of what had transpired. This was a blatant disobedience of public duty.

In law any law enforcement officer who possesses the required powers conferred on him by law and has at his disposal man power and equipment is required to intervene and discharge his duties when, during the possession of all said facilities, a crime is being committed in his presence; or is required to investigate and apprehend offenders after commission of the crime.

When such an officer abdicates this duty he stands to be charged for abetting that particular crime.

Major General Ali’s evident display of favouritism to the PNU in discharge of his duties and his post election period actions (executed by those under his command) have exascerbated the political crisis deeper. Major General Ali’s actions remain questionable and in violation of various laws of the country one among which requires him to maintain political neutrality.

In such circumstances by way of justice and when the environment is conducive and neutral, an independent inquiry requires to be set up to investigate the conduct of Major General Ali and the apparent laws contravened in particular the Public Officer Ethics Act [ 8, 9a,10(1), 10(2), 16 (1) a &b, 22 a &b, 24 (1) a &b ] and also the Police Act , Penal code, Constitution of Kenya (including Freedom of speech Part V) and oath of office among others.

K. Khan
NAIROBI
21st January 2008

Some of the sections of Law which the Police Chief contravened:-

The Public Officer Ethics Act 2003

8. A Public officer shall, to the best of his ability, carry out his duties and ensure that the services that he provides are provided efficiently and honestly.

9. A Public Officer shall_

carry out his duties in a way that maintains public confidence in the integrity of his

his office

10.(1) A Public Officer shall carry out his duties in accordance with the law

10.(2) In carrying out his duties, a public officer shall not violate the rights and freedoms of any person under PART V of the Constitution

16.(1) A public officer shall not, in or in connection with the performance of his duties as such-

act as an agent for, or so as to further the interest of, a political party; or

indicate support for or opposition to any political party or candidate in an election

22. A public officer shall practice and promote the principle that public officers should be-

selected on the basis of integrity, competence and suitability;or

elected in fair elections

24.(1) A public officer contravenes the Code of Conduct and Ethics if-

he causes anything to be done through another person that would, if

the public officer did it, be a contravention of the Code of Conduct and
Ethics; or

he allows or directs a person under his supervision or control to do

anything that is a contravention of the Code of Conduct and Ethics.

Criminal Procedure Code

62. A Police Officer may interpose for the purpose of preventing, and shall, to the best of his

ability, prevent the commission of a cognizable offence.
P.S. (cognizable offence is an offence which allows a police officer to make an arrest without a
warrant)

Penal Code

5.(2) Every Police Officer shall promptly obey and execute all orders and warrants lawfully issued to him, collect and communicate intelligence affecting law and order and take steps necessary to prevent the commission of offences and public nuisance, to detect offenders and bring them to justice and to apprehend all persons whom he is legally authorised to apprehend and for whose apprehension sufficient ground exist.

Statement by Dr Kofi Annan on 15-2-2008

OPENING STATEMENT BY H.E. KOFI ANNAN

PRESS CONFERENCE

Serena Nairobi Hotel, 15 February 2008

[Check Against Delivery]

Good afternoon, Ladies and Gentlemen.

We have just returned from 48 hours of intense and fruitful negotiations at a secret location outside of Nairobi, which all of you now know was the Kilaguni Lodge in the Tsavo West Game Reserve.

I want to thank you for letting us work there in peace, even after you discovered where we were.

The parties worked well together during their two days at Kilaguni– often in mixed groups and by themselves – showing their strong commitment to peace and reconciliation in Kenya.

They reached agreement on a range of issues, and narrowed considerably the options for a governance structure.

Some of the points of agreement are:

--The creation of an Independent Review Committee.

--This Committee would be mandated to investigate all aspects of the 2007 Presidential Election and make findings and recommendations to improve the electoral process.

--The Committee will be a non-judicial body made up of Kenyan and non-Kenyan recognized electoral experts of the highest professional standing and personal integrity.

--The Committee will submit its report within 3-6 months and it should be published within 14 days of submission. It should start its work not later than 15 March 2008.

--The findings of the Independent Review Committee must be factored into the comprehensive electoral reforms that are envisaged.

Through the discussion, it became apparent that there is no viable way, either by re-count, re-tally or any other measure, to determine the outcome of the 2007 election in a way that would be expeditious and that would not further divide Kenyan society..

However, the facts have to come out and Kenyans have to know what happened. We agreed that the system must be reformed so that such a crisis never happens again.

The Independent Review Committee will allow for this to take place in an environment of tranquility and transparency, thus contributing to further healing and reconciliation of the country.

We did consider the options of a re-count or re-tally and concluded that:

--A delay of the several months needed for a recount could significantly increase existing tensions and delay resolution of the current crisis, and we recognize that the result of a re-count might not further Kenyan unity.

--A re-tally could not determine the correct result in stations or constituencies where problems or irregularities were identified.

On the need for a political settlement to resolve the current crisis, we agreed on the following:

--Recognizing that there is a serious crisis in the country we concluded that a political settlement is a necessary and effective way to promote national reconciliation and unity.

--We also agree that such a political settlement must be one that reconciles and heals the nation and reflects the best interests of all Kenyans. A political settlement is necessary to manage and implement expeditiously a broad reform agenda and other mechanisms that will address the root causes of the crisis and deepen and broaden Kenyan democratic foundations.

Such reforms and mechanisms will comprise, but are not limited to, the following:
Comprehensive Constitutional reforms;
Comprehensive electoral reform – including of the electoral laws, the electoral commission and dispute resolution mechanisms;
A truth, justice and reconciliation commission;
Identification and prosecution of perpetrators of violence;
Respect for human rights;
Parliamentary reform;
Police reform;
Legal and Judicial reforms;
Commitment to a shared national agenda in Parliament for these reforms;
Other legislative, structural, political and economic reforms as needed.

On the issue of governance arrangements, the parties discussed the matter intensively and have developed a number of options, on which they have agreed to consult their principals and leadership and come back to continue negotiations on Monday, with the hope that a final conclusion will be reached shortly after that.

This is the only outstanding issue on Agenda Item 3—How to Resolve the Political crisis. In summary, we have defined the reform agenda for a new government and are now discussing the “how” and the mechanisms required for implementation.

While we are making considerable progress on Agenda Item 3, we have also agreed that settlement of the issues in Agenda Item 4—Long-Term Issues and Solutions--are fundamental to a viable long-term solution of the crisis.

The implementation of the following reforms should commence urgently in concert with reforms of Agenda Item 3.

· Consolidating national cohesion and unity;
· Land reform;
· Tackling poverty and inequity, as well as combating regional development imbalances, particularly promoting equal access to opportunity;
· Tackling unemployment, particularly among the youth;
Reform of the Public Service;
Strengthening of anti-corruption laws and public accountability mechanisms;
Reform of Public Finance and Revenue Management Systems and Institutions;
· Addressing issues of accountability and transparency.

The parties agreed that this settlement is not about the sharing of political positions but about addressing the fundamental root causes of recurrent conflict. Therefore, the parties have reaffirmed their commitment to address the issues within Agenda Item 4 quickly and comprehensively.

Milestones and benchmarks for the implementation of the reform agenda will be defined in our continuing discussions.

I know that many of you have been eager to write the headline, “We have a deal” on all the political issues. But I again advise patience. The issues are complex; reaching compromise is difficult. But let me assure you that there is real momentum. We are at the water’s edge and the last difficult and frightening step will be taken. I am confident that, in the interests of Kenya and its people, the parties will show the wisdom, flexibility and foresight to conclude an agreement.

Let me now say a word about my own involvement in this process. [ad lib]

I will now take your questions.

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