Watch the deal signing here. Listen to Kikwete.
Friday, February 29, 2008
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.
Tuesday, February 26, 2008
Action Point – Publicly Challenge ODM
Action Point - ODM Rigged Big time
Action Point - Preaching Peace
Action Point - Demonize Majimbo
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?
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
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
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.
Monday, February 25, 2008
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.
Saturday, February 23, 2008
Wednesday, February 20, 2008
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.
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.
Tuesday, February 19, 2008
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.
Monday, February 18, 2008
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.
“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.
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.
Let justice be done, and be seen to be done.
Sunday, February 17, 2008
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;
Friday, February 15, 2008
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.
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
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
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
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.
OPENING STATEMENT BY H.E. KOFI ANNAN
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;
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.
* * *
Unconfirmed reports circulating in the city indicate that traitor-in-chief and bandit veep Kalonzo Musyoka was slapped by Lucifer. It is said that in her usual fits of anger Serial Slapper Lucifer could not understand why the whole world is still yelling that bandit president Kibaki stole the vote even after Kalooser burnt money in his recent trip abroad. Lucifer can't understand why iron lady Karua should be doing more spade work for the besieged bandit regime while Kalooser simply rocks in his seat. What does this mean for the embattled president?