Thursday, December 20, 2012

Revealed: The "evil forces" guiding Uhuru Kenyatta's presidential bid

On Tuesday, Kenyans were treated to free political circus with Deputy Prime Ministers Musalia Mudavadi and Uhuru Kenyatta as the featured clowns.

Mudavadi, the de facto leader of UDF, convened a press conference where he revealed that his TNA counterpart, Uhuru Kenyatta, had agreed to shelve his presidential ambitions in his favour, but failed to honour his word.

But in a tough rejoinder, Uhuru claimed he was "coerced by evil forces" into that move, which has since been denounced by his party’s delegates.

President Mwai Kibaki: Although State House has denied that it is not behind the Jubilee Coalition melee, credible sources indicate the president is deeply involved in the search for his. It is alleged that Kibaki is using his close relatives to force Uhuru to step down in favour of Mudavadi

Prof. Nick Wanjohi: A former chancellor of University of Nairobi and Personal Secretary of President Kibaki, Wanjohi is the man behind Mudavadi’s Presidential bid. He told Uhuru point-blank that Kenya cannot afford his presidency because we will be locked out of the international community.

Brigadier Michael Gichangi: This former Air Force Commander is currently the director of National Security Intelligence Service (NSIS). He is a close confidant of Prof. Nick Wanjohi and the two, according to Miguna Miguna's book Peeling Back The Mask: A Quest for Justice in Kenya, are powerful 
underground government operatives whose effects are enormous. The two are perceived to be working on a Mudavadi candidature hence he is often referred to as their “project”.

At this point, the name of the former President Daniel Arap Moi comes up but to what extent, we are yet to verify.

A fortnight ago, Uhuru’s foot soldier Rachael Shebesh revealed that some powerful forces in State House are pressuring Uhuru Kenyatta to shelve his Presidential ambitions in favour of Musalia Mudavadi.

State House has denied being involved, but seeing the bungling and confusion with which events are unfolding, it's not rocket science to see Kibaki's hand in all this.

Friday, December 7, 2012

How Kibaki Gave Uhuru Kenyatta Power Through the Backdoor

By William Makora

When President Mwai Kibaki appointed Kenyatta as Minister for Local Government on 8th January 2008 after an extremely controversial election exercise, it was not clear that the son of the first president of Kenya, Mzee Jomo Kenyatta, was destined for enormous responsibilities in the shadows of the President. However, on the mirror of history and power, it would be easy to see that it would be his springboard especially after fomer President D.T Moi nominated him to parliament in 2001 and appointed him a Cabinet Minister in the same docket before controversially proposing him for heir apparent where he vied for presidency for the first time in history.
Uhuru’s golden doors went wide open again when Kibaki made him the Deputy Prime Minister and Minister for Trade in a coalition government formed between Kibaki and Raila Amolo Odinga in 17th April 2008. Raila became the Prime Minister in the leadership arrangement that was negotiated by African Union led by H.E. Kofi Annan.
Human influence
In the coalition, it was agreed that the partners share Cabinet in the middle. With the help of Francis Muthaura, it is believed that it was Uhuru who informed the Kibaki side’s allocation of slots to individuals. In the beginning, presence of stronger and more independent persons who included the Vice President Stephen Kalonzo Musyoka’s members, Martha Karua, among others, eclipsed prominence of Uhuru’s real influence. That was not until 23rd January 2009 when Amos Muhinga Kimunya was forced to resign due to the Grand Regency Hotel scandal. Kibaki handed over the office to Uhuru and the deal was done. Uhuru never served as an ordinary politician again. He and President became one, operating both in actual and shadow.
Apart from Naomi Namsi Shabaan, Sam Ongeri and Mohamed Yusuf Haji, whom he fixed in from Kanu, Uhuru had a hand in almost all the PNU appointees who included Esther Murungi, Beth Mugo, Njeru Githae, Jamleck Kamau, etc. Even Ford Kenya members in the Cabinet, like Moses Wetangula, Soita Shitanda and Noah Wekesa, got their dockets via the shadow of his hand.
Since the back door through which Kalonzo joined Kibaki was crafted by Uhuru, his Cabinet allocations were negotiated in the former’s house in the capital city. In an apparent bid to impress him, he gave Justice Cohesion & Constitutional Affairs to Mutula Kilonzo, from where he removed him for his new found Kibaki kid, Eugene Wamalwa. That was not all; he frustrated Karua and forced her out of the powerful docket for fear of competition. While Karua was ambitious, Kilonzo was actually principled - two traits Uhuru is at odds with.
Power of malice
Uhuru has used his hands on power to try and destroy his competitors at "home". Apart from Karua, the Kipipiri MP Kimunya who earnestly indicated interests in presidency had to be relegated and silenced in several ways. Gatanga MP Peter Kenneth, the current aspirant on Kenda-Poa ticket, was pressed down as Assistant Minister in the Ministry of State for Planning, National Development and Vision 2030 even after showing immense ability in leadership and development. It was not clear how he would handle veteran politicians of the caliber of the late George Saitoti. At his untimely death, the Kajiado North MP was the Minister for Internal Security and Provincial Administration, a docket that Moi exploited for manipulation of politics in Kenya. Uhuru gave this docket to his lieutenant, Katoo Ole Metito. That tells his deep interest and influence in running of Government.
All diplomatic appointments and Permanent Secretaries Kibaki’s side of the coalition were directly overseen by Uhuru Kenyatta. That literally gave him the upper hand over his peers who have typically turned to venerate him. He has controlled their states.
Apart from direct human influence in the top echelons of Government, Uhuru has managed allocation of funds. Even after 26th January 2012 when the International Criminal Court forced him out of the Finance Ministry, he still effectively directs funding by the government. It is common knowledge that he decides which funds Robinson Njeru Githae releases at any given time, he manipulates it for political expediency. Like he exercised the monopoly earlier when he could hold resettlement money for Mau Forest IDPs, the biometric voter registration, BVR, machines that delayed the start of registration process was seen as one of these interferences. He is doing this entirely free hand. The President is there to camouflage.
Use of State Machinery
Together with several decisions, except pending of signatures, the president has given Uhuru everything a king can give a son in who he bequeaths succession. With an open treasury, he has bought for him or helped him buy associates. That is in order to help him form a crowd with which he will form a government at the expiry of the current term. It is in the public domain how he helped him acquire his last wish of getting Wycliffe Musalia Mudavadi out of the ODM alongside accommodating William Kipchirichir Ruto. That was only easy because of the stable ground, the government. With it he is convinced that he can continue the legacy. That explains why partners in the coalition like Raila may move out and seek for firmer factors; pillars with stronger foundations. With it he balances the equation.
Uhuru and team have the government to lean on. They have the State Machinery to use and there is no reason for trying to hide it from Kenyans. It would only be proper to use the opportunity in promoting sanity other than confusions like they are doing in current electoral politics. Politicians will pass away but Kenya will remain. If you are favoured to have opportunities ahead of others, use it to help promote their welfares and do not try to finish them. That is how your position serves its usefulness in the society.
Long live Kenya.

Thursday, November 8, 2012

Don’t be vague; go to Hague! - a case of shooting oneself in the foot

In 2009, dishonest politicians unanimously voted in parliament that Uhuru, Ruto et al should go to Hague. Hansard Reports from the Kenya National Assembly on diverse dates between January and December 2009 make for very interesting reading.

At page 4,633 of February 3, part of the contribution by the Minister for Nairobi Metropolitan Development, Mr M Kilonzo, reads, “In fact there is a phrase going on which is called ‘Don’t be vague; go for Hague.' I flip through and come to page 4,636. Here is Mr Cyrus Jirongo saying, “Those who perpetrated violence are in Government… If we are genuine and we want these people to be punished, we should allow them to go to The Hague.” Over page, Mr Jirongo goes on, “I urge the Minister for Justice, and National Cohesion to let those people go to The Hague if her conscience pricks her correctly.”

As I move on, I see page 4,638 where Ms Rachel Shebesh says, “I see no reason why, if people were genuine, you would tell me that going to The Hague can bring peace to this country… I see no way in which you can be sincere.” I am now looking at February 4, 2009, at page 4,723. Here is Mr Lewis Nguyai. He says,I also say there is need to end the culture of impunity… I would propose that we should not be vague. We want the key perpetrators of this particular atrocities (sic) to go to The Hague.” I recall Mr Nguiyai was recently Uhuru Kenyatta’s witness at The Hague. I begin to get it, I think.

Enter Ms Elizabeth Ongoro: “Through setting up a local tribunal, we will be telling our citizens that we are brothers, we have what it takes to solve our problems.” Mr Lucas Chepkitony differs: “Let us try the ICC!” Ms Cecily Mbarire agrees with him: “We have spent too much time on tribunals and commissions. I oppose the Bill [to set up a local tribunal]”. Thomas Mwadeghu: “Ni lazima hao watu waende Hague. Wacha waende wahukumiwe huko (These people must go to The Hague. Let them go and be tried there!)” Mr Johnstone Muthama: “Jaji atakuwa Mkamba, Mkikuyu… ni vyema tugeuze mbinu. Ndege zitakuja, watapelekwa kule na kuiacha nchi yetu na amani (The judge will be Kamba or Kikuyu… we must change tact. Aeroplanes will come; they will go and leave us a peaceful country.)”

Finally, I look at the voting. Among those who voted against a local tribunal are listed as the following: Chepchumba, Cheruiyot, Ethuro, Gaichuchie, Gitau, Jirongo, Kaino, Kaloki, Kamau J.I., Kamau J. M., Kambi, Kapondi, Kariuki, Kathuri, Kigen, Kiilu, Kilonzo J.K., Kilonzo J.M., Kiuna, Kivuti, Koech, Konchela, Dr Kones, Ms Kones, Kuttuny, Lagat, Langat, Lessonet, Letimalo, Linturi, Litole, M’Mithiaru, Machage, Magerer, Mbau, Mbugwa, Mututho, Mung’aro, Munyaka, Muoki I. M., Muoki D. M., Mureithi, Murgor, Musyimi, Mwangi, Mwathi, Mwiru, Nguiyai, Njuguna, Onyancha, Ottichilo, Ruto, Sambu, Sirma, Waibara, Waititu, Wambugu, Washiali, Were and Yakub.

I recall the night President Kibaki, PM Raila and Martha Karua pleaded with MPs for a local tribunal for PEV but to no avail. There is no mention of Raila Odinga on that list.

Wednesday, October 24, 2012

An open letter to GEMA

By Mutahi Ngunyi

This is a letter to the "House of Mumbi", those of the GEMA community. I address you as the son of a"Mau Mau hustler".

I have three thoughts from my late father. When I was a boy, he gave me stories about a guy called Gikuyu and his girl, Mumbi. The two founded the tribe. They had nine girls or something like that. No son. And they lived happily thereafter. But I had questions about this romantic relationship. As a boy, I asked my father, who married the nine girls?

He kept quiet. Then I asked him: if they got children, who was their father? How was the tribe created? He got violent. In fact, he gave me a beating for asking questions "without legs". But then later, I figured that maybe he had no answer. Or maybe there was a hidden secret in the tribe. I became curious. And so I began my boyish inquiry. If the only man in the tribe was Gikuyu, did he have children with his daughters?

This thought was appalling beyond. My father would have killed me for thinking so. I had to settle on a more acceptable deduction. That is, if Gikuyu had nine daughters, their children must have been fathered by other tribes i.e. the Maasai, Ndorobo, Luo, Luhya, and all. But even this my father would not accept. I had to rest my case.

Allow me now to interpret my boyish deductions. To reproduce your GEMA tribe, you have only two choices. One, you can choose the path of incest. This is the path of in-breeding and sin. Although shameful, it is the path you chose in 2007. And the results are obvious: political incest can only produce mongoloids.

This is what you have in the coalition government. The second choice is the one taken by Gikuyu and Mumbi. They sent their daughters to breed with others. This is how the tribe survived. Your survival, therefore, depends on others: the Maasai, Ndorobo, Luo, Luhya and all. And, on this, the alternatives are zero.

My father’s second thought was given when I got circumcised. But not explicitly. He had a telephone at home, what you would call an antique today. As a way of controlling it, he locked it using a padlock from the government. He always carried the key. One day, he came home for lunch. He needed to call his boss badly.

Unfortunately, he had forgotten the key at the office. The man was desparate. And from the "kindness" of our hearts, my brother Peter and I decided to help. We tapped the phone for him. He watched in amazement as we handed the receiver for him to talk to the boss. When he finished his call, he stared at us with a 
"kali sana" face.

But instead of punishing us, he decided to remove the padlock for good. He knew we were smarter now. After all, we had just gotten circumcised. And this is how he gave us the second thought about the tribe. Explaining his frustration with the phone call, he told us that the Gikuyu had two categories of people: the "ahoi" and the "athomi". The "ahoi" were the poor.

In rural areas they walk around without shoes, their feet all cracked up. And in urban areas, they are the "shamba boys"‘
, the drivers and the cooks. As a driver, he told us he was in the urban group of "ahoi". The "athomi" were the educated and propertied. They were also arrogant, insensitive and ruthless.

This is why he needed to make the phone call; he had to drop their children somewhere. His point? The 
"athomi" did not think much of the "ahoi". They saw them as slaves of sorts. And this is how you must understand President Kibaki. Most of you follow him blindly. In fact, because you are in the "ahoi" group, he expects you to.

Unfortunately, and together with the "athomi", he dragged you into a state of civil war. They used you. And since the "athomi" are untouchable, you bore the brunt of the violence. Where are your IDPs today? In the meantime, you think the presidency is yours. Zero. It belongs to the "athomi".

Allow me to describe your position as "ahoi" using a story. A man set out on a journey through a thick forest full of thorns and rocks. Suddenly, an elephant appeared and gave him chase. He took off and went to hide in a well. To his horror, he saw a huge snake at the bottom of the well.

He had to cling to a thorny creeper that was growing around it. Looking up, he saw two mice chewing the creeper he was hanging on. But just as he was contemplating his next move, he saw a beehive next to his mouth. Occasional drops of honey were trickling from the hive. And this man tasted the honey. He got confused.

Although a kind man offered to help him out of his trouble, he refused. He wanted to be excused until he had enjoyed himself to the full. Not clever. Good people, you are behaving like this man. You have seen a beehive dripping with honey.

And although you are hanging on a thin creeper between an angry elephant and a snake, you don’t care. You want to enjoy the honey, the presidency. Unfortunately, the creeper will snap and you will have to deal with the snake at the bottom of the well. On this, the choice is yours.

The third thought regards Mungiki. When my father joined Mau Mau, they called it a Mungiki-type movement. Yet it was a group of restless young people whose "wazees" had lost direction. I want to put it to you that you have no leadership. The "wazees" in your ranks have reached intellectual menopause. And in this state, they have exhibited unnecessary arrogance towards others.

As a shareholder in your tribe, I submit that you need new leadership. A leadership that will cause you to climb down in the interest of the country. One that is not beholden to the "athomi" and one that will respect the other communities.

Wednesday, October 10, 2012

Gluttons in the August House: Kenya's perpetual List of Shame

"When the fox hears the rabbit scream, he comes running... but not to help." ~ African proverb

These are the MPigs who passed the diabolical Bill in Parliament. Judge for yourselves. The list even has esteemed lawyers and other professionals. Shame!

1 Abdalla Amina Ali.

2 Abdi Nasir.
3 Abdul Bahari.
4 Abu Mohamed Chiaba.
5 Adan Keynan Wehliye.
6 Alex Muthengi Mburi Mwiru.
7 Andrew Calist Mwatela.
8 Asman Abongotum Kamama.
9 Atanas Manyala Keya.
10 Bare Aden Duale.
11 Barnabas Muturi C. Mwangi
12 Beth Wambui Mugo.
13 Bifwoli, Wakoli Sylvester.
14 Boni Khalwale (Dr.)
15 Cecily Mutitu Mbarire.
16 Charles Cheruiyot Keter.
17 Clement Muchiri.
18 Daniel Mutua Muoki.
19 David Njuguna Kiburi.
20 Elijah Kiptarbei Lagat.
21 Emilio Mureithi Kathuri.
22 Empraim Mwangi Maina.
23 Erastus Kihara Mureithi.
24 Esther Murugi Mathenge.
25 Ethuro, David Ethuro.
26 Eugene Ludovic Wamalwa.
27 Francis Chachu.
28 Francis S. K. Baya.
29 Frankilin Mithika Linturi.
30 Githae Robinson Njeru.
31 Githu Muigai (Prof.), Attorney General Ex-Officio.
32 Hellen Jepkemoi Sambili.
33 Hussein Mohamed Abdikadir.
34 Hussein Tarry Sasura.
35 Ibrabim Elmi Mohamed.
36 Isaac Kiprono Rutto.
37 Isaac Mulatya Muoki.
38 Jackson Kiplagat Kiptanui.
39 James G. Kwanya
40 Jamleck Irungu Kamau.
41 Japhet M. Kareke Mbiuki
42 Jeremiah Ngayu Kioni.
43 John Michael Njenga Mututho.
44 Johnson Nduya Muthama.
45 Joseph Nganga Kiuna.
46 Josephat Nanok Koli.
47 Joshua Serem Kutuny.
48 Kilimo, Linah Jebi.
49 Kilonzo Charles Mutavi.
50 Kiunjuri, Festus Mwangi.
51 Kuti, Mohammed. Abdi
52 Lee Maiyani Kinyanjui.
53 Lenny Maxwell Kivuti.
54 Lewis Nguyai.
55 Mahamud Muhumed Sirat.
56 Maitha Gideon Mungáro.
57 Manson Nyamweya.
58 Mbau, Elias Peter.
59 Mohamed Hussein Ali.
60 Mohamed, Muhamud.
61 Moses K. Lessone
62 Moses Somoine ole Sakuda.
63 Mungatana, Danson.
64 Munya Peter Gatirau.
65 Musila, David.
66 Mutava Musyimi.
67 Mwalimu Masudi Mwahima.
68 Mwiria, Valerian Kilemi.
69 Ndambuki, Gideon Musyoka.
70 Ndiritu Muriithi.
71 Nemesyus Warugongo.
72 Ntoitha M"Mithiaru.
73 Peter L.N. Kiilu
74 Peter Mungai Mwathi.
75 Peter Njoroge Baiya.
76 Peter Njuguna Gitau.
77 Richard Momoima Onyonka.
78 Robert Onsare Monda.
79 Samuel Kazungu Kambi.
80 Shaban, Naomi Namsi.
81 Silas Muriuki Ruteere.
82 Tirus Nyinge Ngahu.
83 Wavinya Ndeti.
84 William C. Kipkiror
85 Yakub Mohammad.
86 Yusuf Hassan Abdi

Monday, August 27, 2012

Regarding Mr. Miguna Miguna’s tribulations...

Press Release

Nairobi, 27 August 2012 

For avoidance of doubt, we wish to communicate to members of the public generally as follows, regarding Mr. Miguna Miguna and his self-inflicted tribulations, as he allegedly tries to popularize his book in different parts of the country.

Mr. Miguna is the man who has recently published unfriendly propaganda against the Prime Minister Raila Odinga. The propaganda is packaged in the guise of a book that claims to seek to make Kenya a just society. This package is however nothing but a bundle of offensive and defamatory invective against the Prime Minister. Mr. Miguna has himself stated publicly that the objective of this polemic is to derail the Hon. Prime Minister’s Presidential campaign.

We want to state categorically that the PM’s supporters have been strongly advised, via public communication from the ODM Secretariat, to respect Mr. Miguna’s rights and freedom, even if he abuses that freedom to defame the Prime Minister.

The Prime Minister occupies very key public office. He recognizes that citizens are entitled to genuinely interrogate his performance. But he also recognizes that there are those who will abuse freedom of expression to insult him and to hurt his good character. Such is the price of freedom and high office. The Prime Minister does not have to answer to everyone who makes wild claims against him. If he were to do this, he would spend all his active time answering back to wild claims, for there is no shortage of this from his detractors. That is why he has kept off the Miguna allegations.

In the event that anyone considers that there is substance in the wild allegations against the PM, there exist lawful and decent avenues of seeking redress, in public interest. However, since there is no substance, nobody is exploring use of such avenues. The PM and this Secretariat have therefore been content to allow Mr. Miguna to enjoy his freedom of expression, unfettered. We trust that genuine supporters of the PM and ODM have heeded this advice and are keeping away from Miguna and his frolics.

There have been pleas from strange quarters on “the need for the PM to speak out” against the apparent harassment that Mr. Miguna is coming up against out there. Mr. Miguna, his sponsors and those who seem to be harassing him are playing to a choreographed and orchestrated script. As has been stated by the ODM Secretariat, this is a sinister, offensive and lowly ploy. It is a wicked stratagem that seeks to depict the Prime Minister as someone who does not respect other people’s rights and freedoms. It is clear that it is sponsors of this ploy who are shouting loudest about this matter. It is well within their capacity to end the orchestrated “harassment” against their man.


B.O. Muluka

For the Raila Odinga for President Secretariat

Monday, August 20, 2012

Looks like Tony Gachoka has an axe to grind


They call him a “political activist”. But the term is a meaningless tautology. It’s like calling someone a “widow woman”. That’s because a “widow” is a “woman”, I would rather they called him a “political consultant” or even a “gun for hire”.
I am talking about former government functionary Tony Gachoka.
Mr Gachoka, the estranged aide to Prime Minister Raila Odinga, has suddenly “found his conscience”.
He now claims — nearly four years after the fact — to possess evidence of Mr Odinga’s culpability in the 2008 post-election violence.
Like Miguna Miguna — another estranged Odinga aide — Mr Gachoka wants to “unburden” himself at the International Criminal Court.
Why now? Deductive reasoning shows that Mr Gachoka isn’t acting alone. I’ll tell you why.
But let’s first dispose with some preliminary matters. It seems that the Dutch Government is sceptical about Mr Gachoka.
That’s why the Dutch Embassy in Nairobi has denied him a visa to The Hague.
Apparently, the ICC hasn’t accepted Mr Gachoka’s request for a meeting. You can read between the lines. The International Criminal Court most likely thinks Mr Gachoka is a “pest”.
That means he’s vexatious and an “instrument of confusion”. In other words, he’s being used as a pawn to delegitimise the court and its cases against the Ocampo Four.
Mr Gachoka should know that Dutch Embassy officials in Nairobi are keenly aware of plots to sabotage the court process. He should have been less transparent in his machinations.
I don’t know what sort of contact Mr Gachoka has made with the International Criminal Court, or the nature of the evidence he claims to possess. Nor do I know whether the court has responded to him. But I know this — the court is a savvy institution that knows a duck when it sees one.
The culpability of the Ocampo Four will not be established by implicating others. That’s not a sound legal strategy. The burden of proof lies with the prosecution to show — beyond a reasonable doubt — that the Ocampo Four are guilty as charged.
The defence is best advised to concentrate on tearing apart the prosecution’s case.
It will not help to introduce witnesses who can be easily impeached.
Why isn’t Mr Gachoka believable? First, he talks too much. He’s made too many public statements with which he can be impeached. He’s embittered against Mr Odinga. Like Mr Miguna, he was fired. Like Mr Miguna, he only wants to talk after the sack. That’s not a formula for credibility. He has an axe to grind.
Second, he really can’t explain why he’s held on to crucial evidence for a mind-boggling four years.
Possessing — and concealing — evidence could be a criminal offence. It also shows a lack of conscience. What does he tell the victims who cry for justice?
Can he ever look them in the eye and tell them why he’s sat on “crucial evidence” for four years?
For one, I don’t believe that Mr Gachoka has any evidence at all. He most likely has “stories” to tell, but no valuable evidence. He wants to set the court on a wild goose chase so that it can dissipate its resources and energy on “leads to nowhere”. It’s clear what the strategy is here – to divert attention from the Ocampo Four. This is how he and his “masters” plan to weaken the cases against the Ocampo Four. That’s why the ICC is unlikely to give him the time of day.
Even if the court relents and sees him, it would be out of courtesy, not seriousness. Nor would he see a high-ranking official. He’s an easy read.
Mr Gachoka is the latest cog in the PNU scheme to save the Ocampo Four. He’s no different from VP Kalonzo Musyoka’s “shuttle diplomacy” to sabotage the ICC at the African Union and the United Nations.
He’s a continuation of the challenges that the PNU wing of the coalition government lodged at the ICC. He’s picked up Mr Miguna’s boast that he can take Mr Odinga to the court.
But these are wild hallucinations. The court isn’t going to open new investigations into Kenya, or issue any more indictments. That’s done. Whether or not Mr Odinga and President Mwai Kibaki were complicit in the violence is now water under the bridge. The Ocampo Four should carry their own crosses.
I have some advice for the Ocampo Four and their supporters. The ICC, like all courts, has a psychology. Please study the court’s thinking, and its jurisprudence, otherwise you will continue to dig a deeper hole. The ICC is watching you carefully. Shenanigans by you or your supporters are very damaging. This can’t help with either the judges, or the ICC as an institution.
Don’t approach the ICC like a Kenyan court before CJ Willy Mutunga took over. 
You know the ICC recently convicted Congolese warlord Thomas Lubanga. You saw how the Special Court for Sierra Leone dealt with Liberian warlord Charles Taylor. We only want to know the truth – are you, or aren’t you – guilty as charged?
The court represents the one final forum for Kenyans to bury the trauma of the post-election violence so that we can move on. I don’t believe that justice for the victims will ever be done at home unless it’s first done at The Hague.
That’s why the trials of the Ocampo Four may be Kenya’s most important event since independence in 1964. I think the truth will come out at the trials of the Ocampo Four. We will know who planned and executed the mayhem. Let the truth set us free, Mr Gachoka.
Makau Mutua is Dean and SUNY Distinguished Professor at SUNY Buffalo Law School and Chair of the KHRC.

Wednesday, August 15, 2012

What has been Eugene Wamalwa's role in the Coalition Government?

If you want to know the real enemies of Kenya’s reforms, look no further than the ever-smiling (but conniving and devious) Eugene Wamalwa. Ever since his public extolling by the President’s son (Jimmy Kibaki) and close association with Uhuru Kenyatta and William Ruto, this Mt. Kenya Mafia poodle has been exposed as one of the greatest enemies of Kenya’s reforms; in particular the new Constitution. The tricksters, led by propagandist Tony Gachoka, have been promoting this Uhuru Kenyatta side-kick as a viable future leader of Kenya.

In the short period he replaced Mutula Kilonzo as Justice and Constitutional Affairs Minister, Eugene Wamalwa will go down in history as having (based on a well researched audit report conducted by the Daily Nation – available in their digital edition of Tuesday 14 August 2012):

• Deleted 28 clauses from the CIC version of the Integrity Bill (as was contained in the CIC Bill, initially supported by Mutula Kilonzo)

• Paved way for people with questionable integrity or serious ongoing criminal cases to vie for top public positions (the Presidency, the Senate, Gubernatorial, Parliament and County Assemblies)

• Reversed strict Constitutional rules for vetting public officials

• Eliminated the constitutionally-guaranteed public participation during public appointments

• Removed the requirement for receipt of a “certificate of compliance” from the Ethics and Anti-Corruption Commission (EACC), NSIS, KRA (tax collector), National Police Service and Higher Education Loans Board for all seeking public office (as was contained in the CIC Bill, initially supported by Mutula Kilonzo).

• Mutilated the requirement for severe punishment for leaders failing the integrity test while in office (changing it from total disbarment for 10 years and jail time to a mere slap with a fine of KSh. 5 million)

• Completely deleted the requirement for wealth declaration (in public) for all leaders aspiring for public offices. We shall now not know the net worth of all candidates vying for the Presidency, unlike in modern democracies.

• Eliminated the requirement for the EACC to institute inquiries related to unexplained income while in public office, something the new Constitution is quite clear about.

• In a clear attempt to subvert cooperation with the ICC (on behalf of his paymaster Uhuru Kenyatta), Eugene Wamalwa has ridiculously introduced a clause that threatens public officials against cooperating with “foreign governments”. This, from Wamalwa’s team of drafters: “A State officer shall not further the interests of a foreign government, organization, or individual, in a manner that may be detrimental to the security interests of Kenya”. This cunning and vague clause with undefined parameters is obviously a trap meant to threaten public officials against dealing with any foreign entities including the ICC and foreign embassies.

• Removed the clause that would have barred (as required by the new Constitution) state and public officers to do business with their close relatives and friends using public funds. The original CIC Bill, taking cue from the new Constitution, specifically barred the use of government resources to award contracts to “State officer’s spouse, child, relative, friend, or any other person with direct or indirect pecuniary interest with the officer”. Wamalwa has lobbed this out on behalf of his Mt. Kenya Mafia paymasters! Uhuru Kenyatta obviously wants public funds to continue profiting his businesses at CMC motors (suppliers of VW Passats to Government), Commercial Bank of Africa (high-interest-rate domestic loans to Treasury) or holding expensive public seminars at his various resorts and hotels. The new Constitution was threatening this until ‘savior’ Eugene Wamalwa came to the rescue.

• Wamalwa has also exempted future Cabinet Secretaries (Ministers) and County Executive Committee members from the clause requiring all appointed State officers to be politically neutral. To fully appreciate the significance of this particular anti-reform mutilation, one only needs to look at the personal and political relationship between Eugene Wamalwa and one Tony Gachoka. Eugene has appointed Tony Gachoka to play dirty political games (on his and Uhuru’s behalf) targeting the Prime Minister Raila Odinga. Gachoka is an appointed Senior State Officer working in Wamalwa’s Ministry of Justice and paid close to 1 million shillings per month by Kenyan taxpayer. Gachoka has been hired by Uhuru and Wamalwa specifically to dig up KNCHR records from the Justice Ministry archives in desperate pursuit of the Prime Minister. That is the genesis of the brouhaha about Gachoka and his botched trip to The Hague. It’s all silly politics at the expense of the Kenyan taxpayer. Uhuru and Wamalwa want to retain this clause of allowing state officials to continue playing politics while in public office, so they can continue targeting political rivals in future. This is basically the vision of these anti-reform agents.

• Wamalwa’s extracurricular and anti-reform activities (on behalf of Kenyatta) have extended beyond this Leadership and Integrity Bill. He has also pounced on and watered-down at least 8 other Bills, including the Petition to Parliament Bill, the Petition to County Assemblies Bill, the Assumption of Office of the President Bill, the National Intelligence Service Bill, the National Security Service Bill, the National Security Council Bill and the Kenya Defence Forces Bill, and is currently in the process of mutilating the Campaign Financing Bill. From the above, it is clear that Wamalwa’s master, Uhuru Kenyatta, is seriously angling to control all security and legislative apparatuses of the country.

It’s as if Eugene Wamalwa is customising our brand new Constitution to fit the whims of one legally-besieged individual called Uhuru Kenyatta. Former Justice Minister Mutula Kilonzo would never have allowed such devious and ominous developments to proceed right under his nose – no wonder they kicked him out of this crucial Ministry.

To quote from the Daily Nation audit report, “Eugene Wamalwa has engineered the watering-down of the Leadership and  integrity Bill to an extent it won’t serve the purpose envisaged in Chapter Six of the Constitution.” The Commission on Implementation of the Constitution (CIC) has in fact protested against Wamalwa’s mutilation of the Katiba through these transition Bills.

I repeat for clarity, Eugene Wamalwa will go down in history as one of the first vultures hired to mutilate our brand new Constitution on behalf of the same retrogressive masters of impunity who have stifled for the last 50 years. Together with Attorney General Githu Muigai, Uhuru Kenyatta’s cousin, Wamalwa has probably inflicted the worst damage yet to the recently promulgated Constitution. The ethics and moral standards injected by the new Constitution have been dealt a serious blow.

Casual observers would have thought Eugene Wamalwa would do better than Mutula Kilonzo in terms of reforms. The plain truth, however, is Wamalwa has proved to be a hopeless anti-reform agent working for Uhuru Kenyatta. His appointment at the Justice and Constitutional Affairs Ministry was specifically planned to effect successful mutilation of the Constitution, most specifically the Leadership and Integrity Bill. Wamalwa has gone further, as if on steroids, having already mutilated 8 other reform anchoring Bills. He has been unmasked as one of the country's worst enemies.

Friday, August 10, 2012

Tuesday, July 24, 2012

Why I support the ICC

He might be a muppet, but these words ring true.

Thursday, July 19, 2012

Miguna: The surprise addition to Kenyan lexicon

Miguna: A jilted lover (Miguna Miguna = two jilted lovers)

Migunee: The dumper

Migunwad: To be the victim of a spilling of secrets of your love affair.

Migunaring: The act of speaking ill of previous love affairs.

Migunarriffic: The excitement accompanying the temporary attention that follows the spilling.

Migunaphobia: The fear of what would be said about you by previous lovers.

Migunamania: To extremely love the things being said by a jilted lover.

Migunaholic: Those engrossed and addicted to stories of previous love affairs.

Migunometre: An instrument used to measure the level of lies from jilted lovers.

Migunology: The study of the art of Migunaring.

Miguniologist: One who specializes in the study of the art of Migunaring.

Example of usage in a sentence: 
Miguna was dumped by Migunee and went around migunaring about the migunee.Some thought it was so migunarriffic while migunaphobics condemned the act. However, there are others who are so migunamanic to the extent of being migunaholics.We need the migunologist to use the migunometre to find the level of lies in the verbosity.