Thursday, May 16, 2013

Thuita Mwangi, Koki Mulli and Macharia Kamau are embarrassing Kenya

Foreign Affairs Permanent Secretary Thuita Mwangi (R)
is currently facing charges of corruption.
Letter To Security Council Reeks Of Official Impunity


Kenya dented her reputation and image globally. The purported letter to the United Nations Security Council by the government of republic of Kenya seeking termination of the ICC cases is a disgrace and exposes the egregious, audacious and appalling official impunity prevailing in Kenya.

The letter,grossly lacking in legal basis, is written in furtherance of the past futile shuttled diplomacy that wasted tax payers’ money contrary to the Constitution.

Uhuru Kenyatta, William Ruto and Joshua Sang are accused persons before the court as natural persons. They have no official capacity and even if they have, it is irrelevant to the court. The cases are between the prosecutor of the Court and three individuals not against Kenya. In this regard, the authors of the letter are completely incompetent to write and send a violence-threatening letter to the United Nations Security Council.

The source of this letter can only be from the outgoing Foreign Affairs Permanent Secretary Thuita Mwangi, who is on record attacking the ICC and being part of the insidious shuttled diplomacy. Kenya representatives to the United Nations Machaira Kamau and Koki Muli are answerable to Mwangi Thuita.

Mwangi is currently facing the charges of abuse of office, conspiracy to commit fraud and willful failure to comply with procurement rules in purchasing the Kenya Embassy and ambassador’s residence in Tokyo. Macharia and Koki are public officers paid through tax payers to advance and protect Kenya interests at United Nations but not to defend and perpetuate impunity. In compliance with law, Mwangi Thuita should have been suspended from holding any public office until his case is determined. He has not yet been suspended, explaining who protects him and sanctioned the writing of the letter.

The letter to the UN is not for the advancement of peace and security. It directly signals that despite important progress made in moving Kenya forward on the path of democracy, rule of law and respect for human rights, many challenges remain. The UN Security Council exists not only to ensure accountability for perpetrators of crimes, but also to secure lasting peace for the all people of the world. The Council must therefore escalate coordinated efforts to ensure justice and genuine peace prevails not to protect impunity.

By engaging in an embarrassing act, Mwangi Thuita, Koki Mulli and Macharia Kamau demonstrate lack of full understanding of the difference between the UN Security Council’s political mandate and the ICC’s judicial mandate.

The Rome Statute dictates that a state seeking a finding of inadmissibility of cases before the ICC must satisfy the judges that it is genuinely investigating and prosecuting the same persons for the same conduct as that under investigation by the Office of the Prosecutor; that is the law and nothing short of that will suffice.

The government has completely failed the threshold of conducting fair, just, and transparent judicial proceedings for all alleged perpetrators while also continuing to respect the ICC judicial process. Instead it continues to engage and support activities geared towards shielding the accused persons before the ICC using public funds. Under such circumstances and continued interference or tampering of witnesses makes the ICC’s mandate essential to ending impunity in Kenya. The office of Prosecutor has to take tough decision against those responsible for tampering with witnesses in Kenya without further procrastination.

We have to stress the importance of all of us working together to realize a comprehensive strategy for justice. The progress made in ending impunity cannot eclipse the challenge that Kenya faces in addressing the legacy of so many years of impunity. It need not be a challenge that the country face alone. Kenya must realize that with the ICC intervention, what happens with the three accused Kenyan individuals before the Court is a page in the history books of international justice, no matter the end results.

The prosecutions at the ICC are a shining example of what can be achieved through human endeavors to seek justice. These trials are Kenya’s Nuremberg moment. The trials endeavor to seal the primacy of the rule of law, due process and human rights for future generations.

The constitution of Kenya forbids shielding or protecting individuals accused of crimes that attract no immunity. In fact Uhuru Kenyatta and William Ruto should be impeached in accordance with Constitution. The threshold of ‘serious reasons for believing that the President has committed a crime under national or international law’ has been confirmed by a court of law and due process fully observed. The Parliament is urged to initiate the process.

UN Security Council cannot and should not get involved in political considerations, neither should it ever stretch the interpretation of the norms adopted in Rome. Equally, the Council, its Members or any State for that matter should never seek to interfere with the judicial processes of the Court.

The writer is the executive director of the International Center for Policy and Conflict.


Friday, May 3, 2013

Mutula Kilonzo was poisoned

The late Mutula Kilonzo feeding his lions in their Sh. 2 million
den at his ranch.
Sources including Standard Group’s Kenya Televison Network (KTN ) have revealed that traces of poison were found on Mutula Kilonzo’s liver during the autopsy.

Family sources and a doctor involved in the investigations hinted that tests for lethal poisons are being conducted including the slow killer Polonium 210 

KTN also announced in a news bulletin that the government team that was involved in the autopsy has refused to send his body samples to the UK for analysis.

A team of seven pathologists among them a Briton who was hired to perform the autopsy took 52 samples for an independent analysis but the government pathologists have withheld them.

“No sample will be taken out of the country as all the samples collected can be analysed locally,” Government pathologist Johansen Oduor.

Polonium 210 is a deadly radiation poison and it is the same poison that was used used to kill Alexander Litvinenk, a KGB agent-turned-Kremlin critic in London in 2006.(extract from Wikipendia: Notably, the murder of Alexander Litvinenko, a Russian dissident, in 2006 was announced as due to 210Po poisoning[80][81] (see Alexander Litvinenko poisoning).

Traces of the poison was also on the late Palestinian leader Yasser Arafat’s clothes he is said to have worn before his death.

Reports received after Mutula Kilonzo’s death stated that the Senator had vomited on his sink earlier on in the fateful night. The police had also indicated that investigations were looking into the poison theory and the investigations were centered on food samples around the Senator’s home.

Mutula’s family is locked in a dispute over the late senator’s burial site. Mutula’s family yesterday met to resolve the dispute.

Mutula’s current wife wants him to be buried in Maazoni where he was living while other family members want him to be laid to rest in Mbooni where his parent come from.

KTN’s reporting on the Mutula developments start at minute 3:00 on the video below:

KTN reports that Mutula Kilonzo was poisoned

Thursday, May 2, 2013

A Response To The Chief Justice's "Demand For Justice"

My attention has been drawn to an article written by the Chief Justice of the Republic entitled "The Judiciary Demands Justice from Kenyans!" When I came across this piece, I made the deliberate decision to read it as objectively as I possibly could, digest it and turn it over in my mind before giving my two cents on the matter.

What I pen down here represents my own individual opinion and view on the matter. I do not claim to be an authority on the Law, just a law-abiding citizen entitled and free, as guaranteed under the Katiba, to hold an opinion. That is all this is... an opinion! And my reason for writing this rejoinder is to encourage discourse in Kenyan society with the aim of self-improvement as a People.

What I gathered from the Chief Justice is that he is disappointed at the harsh barbs he is being dealt primarily on social media following what some quarters perceive to be judicial missteps in the recent past. There was the matter of the Supreme Court ruling on the Presidential Election Petition which was followed in quick succession by the High Court dismissal of the Goldenberg affair leaving one Mr Kamlesh "Paul" Pattni, to go scot-free.

Perhaps I may be able to shed some light as to why the Honourable Chief Justice may be bearing the brunt of a section of Kenyan society's hostility. Sir, having been at the forefront of the struggle for democratisation, I need not tell you that the people of our country are coming from an era where the word Justice was but a figment of our imagination.

Justice was but a dream, ever so close yet always just out of reach. Justice was perceived to be up for auction to the highest bidder and while many argue that many of the transgressions of the dark KANU days were indeed permissible in law, I submit that they remained grossly immoral and as such, they were indeed unjust! Many died... Pio Gama Pinto, JM Kariuki, Tom Mboya, Titus Adungosi, Julie Ward, Father Kaiser and more recently, George Saitoti. However, no person of significance has been brought to book for these political murders. Nobody has been held accountable for these excesses. We, the people, are traumatized!

It is on this background, that your appointment to the position of Chief Justice, after a gruesome vetting process, came with the promise of so much hope. Martin Luther King Jr said, "the arc of the moral universe may be long but it always bends towards Justice!" We finally dared to believe that after all this time, it would be possible for us to see what true and real Justice looked like. That came with expectations as well; expectations of what Justice would feel like. Sir, this neither looks like Justice nor feels like it! And to some extent, many speculate that in your heart of hearts, you know this. Could this be why the Supreme Court judges chose not to read their ruling? Despite having kept to your word and ensured that the Petition hearings were open to the public for the entire six days, at the most crucial moment, the Judges turned away from the Kenyan people. We needed to see you look into our eyes as you gave your collective reasons for arriving at the decision that you did. We needed you to face us. But you did not. So you will forgive us if we treat your demand for Justice with as much disdain as you treated our conscience's need for satiety.

Dr Oduwo Noah Akala