https://www.jamiiforums.com/ Serious discussions on Kenyan Politics en Sat, 25 May 2013 00:15:59 GMT vBulletin 60 https://www.jamiiforums.com/template/JamiV1/default/misc/rss.png https://www.jamiiforums.com/ https://www.jamiiforums.com/kenyan-politics/456974-about-to-release-autobiography-the-system-was-against-me-but-i-have-moved-on-says-raila-new-post.html Fri, 24 May 2013 21:39:17 GMT *The system was against me but I have moved on, says Raila* Image: http://www.nation.co.ke/image/view/-/1862192/medRes/517675/-/maxw/600/-/3muesez/-/RAO.jpg Former Prime Minister Raila Odinga during the interview at his Raila Odinga Centre in... The system was against me but I have moved on, says Raila


Former Prime Minister Raila Odinga during the interview at his Raila Odinga Centre in Nairobi on Tuesday. PHOTO/ANN KAMONI NATION

IN SUMMARY

• See, it is not that Cord failed to mobilise the people, or to register. It was collusion (involving) the Independent Electoral and Boundaries Commission. It is the electoral commission that is supposed to get people to register. But the way it was being done was actually selective because it was actually colluding with the administration.
• So if you see an individual acting out of character you must ask yourself what is motivating them. You saw in the court how they started by rejecting our evidence, expunging it from the records then the next thing they did was to allow the Attorney General to be amicus curae and deny the Law Society of Kenya and Prof Yash Pal Ghai of Katiba Institute to be a friend of the court.
• What I detested was the violent part of it when some people organised to hijack returning officers, ballot papers, beating up the returning officers, burning the ballot papers and so on; that is abhorrent. That is not acceptable.

How do you spend your days these days? With the burdens and stresses of being Prime Minister behind you, how does the diary look?
I am writing my autobiography. It is taking a lot of my time these days. As you know, a lot has been written about me. There have been biographies. It is now my turn to tell my story. As you might guess, I know a lot of things that people don’t know. (Breaks into a laugh).
Will it be a big, big tell-all book like say, Bill Clinton’s My Life or Tony Blair’s A Journey? Can Kenyans look forward to knowing the real Raila Odinga? And when will it come out?
(Laughs). It will be the story of my life, told by me, not by other people. It will come out in about two months.
Which book are you currently reading?
Change We Choose. It’s a book by Gordon Brown, former Prime Minister of the UK. It’s a collection of his speeches.
Some people have said that part of the blame for your loss in the General Election should be laid on Ida, your wife. Address this, and also your relationship with your life partner.
(For the first time, he gets agitated) No! No! No! Some people can be very unfair! Ida has played a very positive role in my life and she tried to help in any way she could. But first, I didn’t lose this election. I was rigged out of it. How can anybody accuse her of contributing to a loss that never was? Ida was not part of the Kenya Intelligence, she was not part of the election rigging machinery at the IEBC, she didn’t steal votes in polling stations – how unfair can people get!
Ida is not infallible. She is a human being and like all other human beings, she has her strengths and weaknesses. She has played a very positive role in my life and she did her best for us in the elections. She has been accused unfairly and I am upset about that.
The question in the minds of all Kenyans, your supporters and opponents alike, is what your specific plans going forward are?
Well, as you know, this is not a one-man band. This is a movement that I represent. I represent the quest for Kenyans to democratise their country, to improve their lives. And this movement is almost as old as this country has been independent.
There have always been two forces pulling in two opposite directions - the forces for status quo versus the forces for change. You see the nationalist movement that brought independence to this country split immediately after independence because there are those who now felt that ‘We have arrived; this is Jerusalem.
We are now the new masters, who have taken over from the outgoing colonial masters. Sisi ni wazungu weusi.’ This group of Kenyans wanted to use this new privileged position to step in the shoes of the outgoing colonial masters and to now lord it over their fellow Kenyans.
They were called rulers as opposed to leaders because if you are a leader, you are leading the people. It is what is called servant leadership. But these ones felt that they had taken over from the governors.
On the other hand, there were those who were saying ‘No, let us achieve the objectives of the struggle for our independence, which was emancipation of our people. This was the actually basis of the disagreement in the nationalist movement and that’s what caused the split. It is against this background that you can explain the post independence developments. Ask yourself, why was Pio Gama Pinto assassinated? Because there was a struggle between these two forces and Pinto became the first casualty, the first victim.
Some people say this election was irretrievably lost when Cord failed to register people en mass. They also say there was ineptitude in mobilising the turn-out otherwise the numbers existed. What will you write in your memoires about the cause of your loss?
See, it is not that Cord failed to mobilise the people, or to register. It was collusion (involving) the Independent Electoral and Boundaries Commission. It is the electoral commission that is supposed to get people to register. But the way it was being done was actually selective because it was actually colluding with the administration.
For example, people were registered bio-metrically in some areas, there were very few BVR kits you find that three or four polling stations were sharing one BVR kit in certain areas whereas in others there was a BVR kit in every polling station and they deliberately gave a very short period of registration to accelerate the registration of voters in some areas and slowing it down in other areas.
And then they only gave 30 days for registration. In 2007, in order to register 12 million people they gave 60 days.
This time they wanted to register 18 million people and they gave 30 days and when the 30 days were over and we appealed for an extension of time, they refused to give it. So it was a deliberate strategy by those who were involved to exclude, to disenfranchise certain sections of society from the electoral process. At that time Cord was not registered as coalition.
So you can see it was a targeted registration.
Second, the issue of mobilising people to vote, that again is a myth. Kenyans turned up to vote countrywide in such large numbers. You cannot say there were some areas that had a higher turn-out than others. There are certain areas where there were deliberate efforts to block people from voting, like at the Coast.
There are some areas where they closed polling stations at 4pm. In some places, they came and threw teargas, to send people away.
Then there was an incident where some police officers were attacked. They used that as an excuse to close some polling stations to stop people from voting, the reason being they knew the Coast was a Cord stronghold and therefore to block people from voting worked in their favour.
But this idea that there were some areas where there was 95 per cent or 100 per cent turn-out is a myth. Because if you look at the records, the average turn-out was 72 per cent for county reps, for women reps, for MPs, for Governors, for Senators but only for the Presidential 86 per cent. What accounts for that difference?
They were stuffing ballot papers and that was the evidence that we wanted to adduce in court that over one million people turned up for the ballot and only voted for the presidency and not for the others.
That is not right. So they should not blame the people, you should blame the forces, the process which was flawed. It was deliberately flawed to achieve the purpose that they did.
When the IEBC announced the results and further when the Supreme Court handed down its verdict, how did you feel. How did you take it?
I was prepared for the outcome. You see if you go to court it’s an either or situation, you expect to win or to lose, so you must be prepared for the worst while being ready for the best.
So I was under no illusion that there would be pressure on the Supreme Court because the stakes were very, very high.
So if you see an individual acting out of character you must ask yourself what is motivating them. You saw in the court how they started by rejecting our evidence, expunging it from the records then the next thing they did was to allow the Attorney General to be amicus curae and deny the Law Society of Kenya and Prof Yash Pal Ghai of Katiba Institute to be a friend of the court.
So now look at this, if you are already rejecting people seen to be neutral, and admitting somebody who is very partisan, is that fair? The Attorney-General is advisor to the government.
The government was not accused. The government was not in court. Yet he is allowed to offer an opinion.
This showed you the intimidation of the court. So, when they did what they did, I said this is a setback; you count your loses and move on. This is just one of the roadblocks; you reverse and move, because this is a movement as I said. It is not an event. It is just one of those hurdles in the race. This is a movement, so must continue.
You can be adequately mentally prepared for a loss of such big magnitude….you were prepared?
You see, the thing is that we are just players in this game. You don’t look at it as an end. If you look at it as an end then you will end up committing suicide politically.
You must look at it as a movement and that you are not indispensible you have got your own life. So this will go on even if Raila Odinga is no longer here. It is not a fatalistic game that you must win at all costs.
You win but you saw what happened in 2007. In 2007, Justice Johann Kreigler (who investigated the conduct of the 2007 election), told me that “Raila, I don’t see my duty as telling Kenyans who won or who lost this election. Any fool knows that. I see my duty as helping Kenyans to avoid a recurrence of what they have been through. So in my recommendation, I am going to be vague when it comes to saying who won or who lost the elections.
But I will make recommendations which will help to carry out reforms.” That is why he said that the election was so flawed that you could hardly tell who won.
So Kenyans moved on with that and thought that sufficient reforms had been carried out so that there will be no recurrence. But we saw these weaknesses in the electoral commission; we saw these weaknesses in the Supreme Court, so we are saying there is still room for further reforms.
So if I had said, no we don’t accept (the results and court ruling), I knew the consequences. The people would have come out into the streets all over the country and there would have been bloodshed because I know that the system was very prepared -- there were orders of shoot to kill. So I didn’t want that bloodbath; there is another tomorrow.
It may not be Raila tomorrow but there will be somebody else. It is a movement.
What is your biggest hope and your biggest fear for Kenya under President Uhuru Kenyatta?
Well, as I have said before, I wish President Uhuru Kenyatta the best because life must continue for Kenyans and they have a manifesto. They made promises that they must keep and they should be given the opportunity to deliver on their promises. I have not taken this personally about Uhuru or his deputy William Ruto because we are talking about a system, not two individuals.
If you try to personalise it you miss the point. It is a system. These two individuals are just beneficiaries of a system and now that they are there, they are Kenyans, they should be given ample opportunity to show their worth. It is easier to make promises, to come up with lofty words and so on but much more difficult when it comes to the actual doing.
What we don’t want is at the end for somebody to have an excuse of saying that oh, we have done ABC, but we could have done XYZ if we were not blocked by the Opposition.
That is why I talked of a constructive Opposition, where you don’t just criticise for the sake of criticizing.
You criticise by offering alternative solutions, that is, you say the government has done this and that but it should have done it this way. That is the way I look at it.
Some of your supporters have moved on, expecting to fight another day while others have given up on you ever becoming president. I want you to talk to both of them.
Yes, you see, the struggle is long as I have already mentioned. Naturally, there will be casualties in the course of it.
There are those who will surrender, and we have seen a number surrendering all along this journey and I will not be surprised if some will be tired this time round.
All that we are saying is that if you feel tired, just step aside, but don’t go and block other people, say oh, this will not work; just exit, allow those others who still feel strong to continue.
So naturally those comrades who are now disillusioned and want to surrender and join the other side are welcome to do so — that is their democratic right. For that we just say, there’s a casualty, a comrade has been injured in the struggle (laughs) but for those who have energy to move on, who still see hope in this I tell them, look, nothing comes easy; there’s always a price.
If, for example, people like the late George Anyona, Martin Shikuku, Mukaru Ng’ang’a, Kamonji Wachira and Ngugi wa Thiong’o, had not taken risks, the freedom that we have today would not be there.
See, today, you can see that people are freer in this country, you can talk, you can criticize the government without fear, without looking over your shoulder that somebody is going to arrest you.
But take a journey down memory lane, 20 years ago, you could not do this. These days you can caricature the president and his deputy and so on. Just imagine the height of Nyayo rule, that would be treason.
So we have this democratic space; the major beneficiaries are those who were comfortable on the other side. Always, it’s the Left which has led the struggle to make life better in the country.
But the major beneficiaries have always been the Right. So my view is that we should not be discouraged because of setbacks, all these setbacks are temporary.
During the Cord nominations for all elective offices there were television images from Nyanza that showed people beating up your banners. Your opponents reacted with glee while your supporters were aghast with horror. How could this happen?
You see we have democracy. Democracy has got its weakness. There were people who were expecting to be nominated. Nomination in some of these areas is like the election itself.
So losing a nomination means that you have lost an election even if you go to another party. So that is why it becomes a matter of life and death in some of those areas. The same thing happened in Central. If you miss the TNA ticket, it was like a kiss of death.
That is why some of these people were angered. So they hired some of their supporters and those who were beating my banners and so on. When I saw it I just enjoyed it (laughs loud and long). So long as it is not violent.
What I detested was the violent part of it when some people organised to hijack returning officers, ballot papers, beating up the returning officers, burning the ballot papers and so on; that is abhorrent. That is not acceptable.
But peaceful protest and demonstration, even somebody carrying an effigy (starts laughing again, loud and long) it’s alright. You know that I used to be a student leader; we demonstrated in London so many times, burning effigies of many people. I have participated in debates in Hyde Park corner, and somebody can be insulting the Queen but nobody can attack him. The police are there to protect him because there is freedom.
So I am looking forward to a time when our society will be that tolerant; that even if somebody is talking disparagingly about Raila, you don’t beat him; you also just insult him, that’s what they do at Hyde Park corner.
Some people say that your politics is born of Left wing idealism that is out of synch with today’s world. The time for the true Left is gone. What do you say to those who say that you are ideologically hostage to a romantic past that cannot win an election today?
First of all what is the Left and What is the Right? The real Right wing are those who believe in a laissez-faire fare society, that is, survival of the fittest. Just like in the animal world where you have the lions and the antelopes and the fitter one eats the weaker one following the law of nature. That is the extreme right.
The extreme Left is the one that believes completely that the State should control everything; that the state should provide for everything; that it owns all the means of production, provides employment for people, housing, and so forth. That is the ideal of the extreme Left. And then we are talking about Left of centre and Right of centre. That means there is a Centre.
The Left of Centre is known as social democracy as opposed to socialism. Social democracy is basically a market economy. We are talking about a market economy as opposed to a controlled economy. A market economy can be centre-right or centre-left which is capitalism with a human face as opposed to laissez-faire capitalism which sees all means of production as privately owned, the gap between the rich and the poor is so wide, that you have people who are completely deprived.
But the social democratic state is where the means of production are privately owned by there is a social safety net and the government ensures there are things like health, education, housing and basic needs, nobody should go without food and so on.
Now these days we talk about a social market economy. A social market economy is now, for example, the Labour Party of Britain moves too far left and then they come up with New Labour pursuing social market economy policies.
Other people say they are to the right of the Tories. So, what we are talking about these days is so relevant. You go to Europe now, for example, it is the centre-left parties that are bouncing back, you see Labour is now rebounding, Social Democrats in Germany are coming up, even in France, the Socialists are now in power.
So the political philosophy that I represent is not irrelevant; it is too relevant today. It is the extreme right that is under siege now.
Roy Gachuhi, a former Nation Media Group reporter, writes for The Content House. Email:gachuhiroy@gmail.com



The system was against me but I have moved on, says Raila - Politics - nation.co.ke ]]> Kenyan Politics Geza Ulole https://www.jamiiforums.com/kenyan-politics/456974-about-to-release-autobiography-the-system-was-against-me-but-i-have-moved-on-says-raila.html https://www.jamiiforums.com/kenyan-politics/456741-ugaidi-dar-es-salaam-ina-matumaini-ya-kudumisha-usalama-new-post.html Fri, 24 May 2013 13:33:21 GMT TATIZO la kwanza dhidi ya amani ya nchi kwa sasa limetajwa kuwa ni uongozi dhaifu, ambao umekuwa ukisababisha kusuasua katika usimamizi wa haki wa sheria za nchi na kuibua ombwe kubwa la kiutawala na kisiasa. Uongozi huo dhaifu ni tishio... TATIZO la kwanza dhidi ya amani ya nchi kwa sasa limetajwa kuwa ni uongozi dhaifu, ambao umekuwa ukisababisha kusuasua katika usimamizi wa haki wa sheria za nchi na kuibua ombwe kubwa la kiutawala na kisiasa.
Uongozi huo dhaifu ni tishio kubwa zaidi kwa amani ya nchi kwa sasa, kuliko wakati mwingine wowote na wito ukitolewa kila kona ya nchi kutaka udhaifu huo uepukwe na mkazo uelekezwe katika umadhubuti wa kusimamia sheria.


Kati ya viongozi wenye kutoa wito huo ni pamoja na viongozi wa dini nchini, ambao licha ya kukiri kuwapo kwa uongozi dhaifu ambao kwa sehemu kubwa umekuwa ukichangia matukio ya uvunjifu wa amani na kuzua hofu miongoni mwa wanajamii, wanapendekeza suluhisho la hali hiyo huku Waziri wa Nchi, Ofisi ya Rais – Uhusiano na Uratibu, Stephen Wasira akikiri ya kuwa katika nyakati fulani serikali haikuweza kuchukua hatua kwa haraka, lakini akisisitiza haikuwa usingizini bali ilikuwa macho muda wote.


Katika kuzungumzia tishio la amani nchini ambalo msingi wake, pamoja na mambo mengine ni uongozi dhaifu, Sheikh wa Baraza la Kitaifa la Waislamu Tanzania (Bakwata) Mkoa wa Dar es Salaam, Alhaad Musa, anasema kwa matukio yaliyojitokeza nchini hakuna maneno mengine ya kutumia zaidi ya kueleza kuwa kuna udhaifu wa kiuongozi nchini kwa sababu licha ya kuwapo kwa viashiria vyote vya uchochezi na upandikazaji chuki, hakuna kilichokuwa kikifanyika kwa upande wa serikali hadi pale maafa yalipojitokeza.
“Matukio haya ya vurugu ni matendo yasiyokubalika hata kidogo, ni matukio ya kupingwa kwa nguvu zote lakini msingi wake ni kushindwa kuchukuliwa mapema kwa hatua za udhibiti. Kumekuwa na uenezaji chuki kupitia kanda za video na mahubiri. Kila upande (kidini) ni kama sasa unaelekea kukosa imani na upande mwingine.


“Lakini naamini matatizo haya yanaweza kutatuliwa na viongozi wa dini na si serikali pekee. Viongozi tukae na kuzungumza masuala haya lakini ukitazama hata hili suala la kukaa pamoja kujadiliana kati ya viongozi wa dini halifanyiki vizuri, linakwenda kwa kusuasua.
“Nadhani serikali za mikoa pia ziwezeshe viongozi wa dini kuketi pamoja kuzungumzia tofauti zinazojitokeza kati ya wanajamii kupitia dini zao. Lakini kwa kweli haya matukio msingi wake ni ama udhaifu katika uongozi au ni mambo ya makusudi yenye kunufaisha baadhi ya watu.


“Ushauri wangu ni kwamba amani iliyopo ni lazima sasa iwekewe mikakati, tusilinde amani yetu kwa ujanja ujanja tu,” anasema Sheikh Alhaad Musa.
Lakini kwa upande wake, Makamu Mkuu wa Chuo cha Mtakatifu Augustine (SAUT), Padri Dk. Charles Kitima, anasema hali inayoanza kujitokeza nchini dhidi ya umoja wa kitaifa inatokana na kukosekana kwa itikadi ya taifa inayounganisha Watanzania.
Kwa mujibu wa Dk. Kitima, kukosekana kwa itikadi ya pamoja inayounganisha taifa kunatokana na ombwe la kisiasa lililopo nchini kwa sasa ambalo nalo limezaa ombwe la kimaadili linalotumiwa na magaidi wa nje kuvuruga amani ya Tanzania.


Dk. Kitima anasema; “Sura lililokuja nayo hili tatizo (shambulizi la bomu Kanisa Katoliki Olasit jijini Arusha) linaonyesha walengwa ni Wakristo, na kundi linalowalenga linatumia mbinu za kigaidi, hatuwezi kusema wametumwa na dini fulani lakini kanda za uchochezi, mauaji ya Padri Zanzibar (Padri Evaristus Mushi) vyote hivi vinaonyesha kuna mkono wa watu wa nje ya nchi. Je, serikali iko wapi kuwadhibiti hawa?"


Alisema si jadi ya Watanzania kupigana na kuumizana kwa sababu ya dini zao, bali udhaifu wa serikali katika kudhibiti watu wa nje wanaokuja kwa uchochezi na kuwagawa Watanzania ndiyo umekuwa chanzo cha matatizo haya.
Alitoa mfano kuwa miaka ya 1960 wako baadhi ya Wamissionari walikuwa wanarudishwa makwao (nchi wanakotoka) kwa sababu walikuwa wakihubiri ubepari na kupuuza ujamaa. Kwa kuwa ujamaa ndiyo ilikuwa sera ya nchi kila aliyepinga alitambulika kuwa adui wa taifa na hakupewa nafasi, alichukuliwa hatua mara moja.


"Serikali na vyombo vyake havijaenda kwa kina kuchunguza wageni wanaoshirikiana na viongozi wa dini zote Kikristo na Kiislamu wanakuja kwa malengo gani na wanafanya nini, Wanatakiwa wachunguze ndiyo kazi yao. Serikali ina wajibu wa kuwalinda raia wake, jukumu la ulinzi wa raia haliwezi kuwa la kila watu kujilinda," alisisitiza.
Katika hatua nyingine Dk. Kitima, mwanazuoni mwenye misimamo mikali kwenye masuala ya kitaifa, alipinga mbinu ya serikali ya kuwakutanisha viongozi wa dini za Kiislamu na Kikristo akisema mbinu hiyo ni sawa na mkakati wa kulea tatizo kwa kuwa viongozi hao wala waumini wao hawajagombana na wanaishi maisha ya kawaida mitaani.


Badala yake, alishauri serikali itimize wajibu wake wa kuwasaka wahalifu na wachochezi na bila huruma, washughulikiwe kwa mujibu wa sheria au taratibu nyingine za kiutawala.
"Hii ya kutukutanisha viongozi wa dini kujadiliana tofauti zetu haitasaidia, huku ni kutaka kulikwepa tatizo. Maaskofu na masheikh wetu hawajawatuma hawa (wafanya fujo na uchochezi), sasa kukaa kujadiliana tofauti zetu wakati wahalifu hata hawahusiani nasi ni hatua ya kutaka kuwagawa na kuwagonganisha waumini wetu ambao wanaishi kwa kushirikiana. Vyombo vya dola vichukue hatua kuwasaka wanaofanya vitendo hivi vya kigaidi tangu mwanzo na waadhibiwe kwa mujibu wa sheria," anasema.


Mbali na hayo, Dk. Kitima anaionya serikali kutopuuza taarifa za kushughulikia vikundi vya kigaidi kwa kuwa historia imejaa ushahidi wa jinsi vinavyoweza kusababisha matatizo makubwa. Akatoa mfano wa kikundi cha kidini cha Boko Haram cha nchini Nigeria ambacho kilianza taratibu na sasa kina jeshi na kinaendesha matukio ya kigaidi nchini humo.


Alisema serikali ni lazima kudhibiti kila dalili za ugaidi, ikiwamo kutopuuza taarifa za makundi ya watu wanaofanya uchochezi wa kidini, taarifa za kuwapo kwa vyuo vinavyofadhiliwa na watu wa nje kufanya mafunzo yasiyoeleweka na hata baadhi ya nyumba za ibada zinazotumika kwa ajili ya mazoezi ya kujihami.


Lakini kwa upande wake, Mhadhiri Mwandamizi wa Chuo Kikuu cha Mtakatifu Augustine - Kampasi ya Mtwara, Padri Dk. Aidan Msafiri, anazungumzia hali ya upandikazaji wa chuki za kidini nchini akisema; “Kuna tatizo la Waislamu wenye msimamo mkali hapa nchini ambao nadhani ni tatizo si tu kwa watu wa dini isiyokuwa yao, bali hata kwa dini yao wenyewe inayopakwa matope kwa kuhusishwa na matendo maovu yanayotokea katika baadhi ya nchi na kusababisha vifo.
“Sasa ni lazima tuilinde hii tunu ya amani iliyopo kwa muda mrefu nchini wakati wote. Kuna makundi ya kidini yenye msimamo mkali ambayo yamekuwa na mtandao wa kimataifa. Tusipochukua hatua za umakini, matukio makubwa zaidi yenye maafa yanaweza kutokea hapa nchini.
Alipoulizwa kuhusu suluhisho anasema; “Nadhani kati ya hatua za kudumu katika kufuta chuki hizi za kidini ni watoto wa dini zote wafundishwe kupendana, kuanzia shule za awali, tuandikishe watoto wa dini zote katika shule zetu wafundishwe kupendana, isiwe watoto wa dini moja pekee katika darasa ama shule husika. Kuna kuzembea zaidi katika kusimamia amani ya nchi katika awamu hii ya nne.
Kauli ya Waziri Wasira
Kwa upande wake, Waziri wa Nchi, Ofisi ya Rais – Uhusiano na Uratibu, Stephen Wasira anazungumzia kuhusu shutuma za udhaifu wa uongozi akisema ni kweli kuna wakati hatua zimechelewa kuchukuliwa dhidi ya viashiria vya uvunjifu wa amani lakini si kwamba serikali ilikuwa katika usingizi bali ilikuwa macho.


“Ni kweli kuna hali ya kuchelewa kuchukua hatua imejitokeza nyakati fulani katika masuala haya ya midhahara na baadhi ya mambo mengine lakini si kweli serikali ilikuwa imesinzia. Na kwa kweli tunawasikia viongozi wetu wa dini, hatuwapuuzi na tunachukua mawazo yao kwa sababu mbali na ukweli kwamba wao ni viongozi wa dini, lakini pia ni raia wenzetu,”


“Serikali tumeshasema tumepiga marufuku mihadhara ya kidini na mengine ya uchochezi, lakini mwenye kusikia kama jambo hili la kueneza chuki linafanyika popote nchini atupe taarifa na ushahidi nasi tutachukua hatua haraka.


“Lakini nimewaeleza viongozi wa dini katika moja ya vikao vya hivi karibuni kwamba tusikubali wanasiasa wakaigawa nchi katika harakati zao za kutafuta uongozi. Mwalimu Nyerere aliwahi kusema katika hotuba yake mwaka 1995, anayeomba uongozi akiwa Mwislamu au Mkristo ajue hatachaguliwa kwa sababu ya uislamu au ukristo wake. Hii nchi zaidi ya asilimia 75 ya watu nchini ni wa dini hizi mbili, sasa huwezi kupata uongozi kwa kutumia dini moja,” anasema Wasira.


Maoni hayo pamoja na kauli ya Wasira yanakuja katika wakati ambao tayari viongozi wengine mbalimbali wa dini nchini wakiwa wamekwishatoa misimamo kuhusu tukio la shambulizi la bomu katika Kanisa Katoliki la Olasit, jijini Arusha na matukio mengine dhidi ya viongozi wa dini kabla ya tukio la Arusha.


Viongozi hao ni pamoja na Rais wa Baraza la Maaskofu wa Kanisa Katoliki Tanzania (TEC), Askofu Tarcisius Ngalalekumtwa aliyetoa wito kwa serikali kukomesha mpasuko wa kidini unaolitafuna taifa.


Askofu huyo anasema kwa miongo mitatu sasa, serikali imekaa kimya, ikishuhudia mafundisho na mihadhara ya kidini inayochochea na kuhamasisha uhasama kati ya Ukristo na Uislamu, bila kuchukua hatua kukomesha hali hiyo.


“Matukio mbalimbali yanayoashiria uhasama wa kidini yanayotokea nchini. Kuna mihadhara, CD, DVD, machapisho na mafundisho yanayotishia maisha na usalama wa viongozi wa kanisa na waumini wao, ambayo yamefuatiwa na uchomomaji wa makanisa,” anasema Askofu Ngalalekumtwa.


Kwa upande wake, Mkuu wa Kanisa la KKKT, Askofu Dk Alex Malasusa anasema anatoa wito akisema wote wenye jukumu la kulinda na kuitunza amani watimize wajibu wao huo bila woga.


Naye Askofu Mkuu wa Kanisa Katoliki Jimbo Kuu la Dar es Salaam, Mwadhama Polycarp Kardinali Pengo anasema ni busara kushinda uovu kwa wema.


Lakini Romanus Ndunduma, kutoka Shirika la Wabenedictine Abasia ya Ndanda, mkoani Mtwara anasisitiza serikali kuchukua hatua dhidi ya chuki za kidini bila kuhofia kile kinachodhaniwa kuwa mustakabali mbaya wa kisiasa dhidi ya baadhi ya viongozi wa serikali. ]]> Kenyan Politics Kabaridi https://www.jamiiforums.com/kenyan-politics/456741-ugaidi-dar-es-salaam-ina-matumaini-ya-kudumisha-usalama.html https://www.jamiiforums.com/kenyan-politics/456603-kenya-yaziangukia-nchi-za-afrika-kumnusuru-kenyatta-new-post.html Fri, 24 May 2013 10:13:46 GMT kenya imeziomba nch za afrika kuisadia kuiomba mahakama ya kimataifa imfutie mashtaka ya uhalifu dhid ya binadamu rais uhuru kenyatta.imedai mashtaka hayo yanaweza kuhataria hal ya aman.mahakama hiyo ambayo imekuwa ikilalamikiwa kuwa imeonekana... kenya imeziomba nch za afrika kuisadia kuiomba mahakama ya kimataifa imfutie mashtaka ya uhalifu dhid ya binadamu rais uhuru kenyatta.imedai mashtaka hayo yanaweza kuhataria hal ya aman.mahakama hiyo ambayo imekuwa ikilalamikiwa kuwa imeonekana ikiwashughulikia zaid viongoz wa afrika.


source radio one

============================== ============================== ============================== =========

May 2013

DRAFT DECISION ON THE PROCEEDINGS INITIATED BY THE INTERNATIONAL CRIMINAL COURT (ICC) AGAINST THE PRESIDENT AND THE VICE-PRESIDENT OF THE REPUBLIC OF KENYA

Doc. Assembly/AU/…

The Assembly,

i. REITERATES AU’s unflinching commitment to combating impunity and promoting democracy, the rule of law and good governance throughout the entire continent,in conformity with its Constitutive Act;

ii. DEEPLY REGRETS that the request by the African Union (AU) to the United Nations (UN) Security Council to defer the proceedings initiated against President Bashir of The Sudan and Senior State Official of Kenya, in accordance with Article 16 of the Rome Statute of the International Criminal Court (ICC) on deferral of cases by the UN Security Council, has not been acted upon;

iii. REAFFIRMS its previous Decisions on the activities of the ICC in Africa, adopted in January and July 2009, January and July 2010, January 2011and July 2011, January and July 2012 respectively, in which it expressed its strong conviction that the search for justice should be pursued in a way that does not impede or jeopardize efforts aimed at promoting lasting peace and reiterated AU’s concern with the misuse of indictments against African leaders;

iv. STRESSES the need for international justice to be conducted in a transparent and fair manner, in order to avoid any perception of double standard, in conformity with the principles of international law, and EXPRESSES CONCERN at the threat that the indictment of H.E Uhuru Muigai Kenyatta and H.E William Samoei Ruto, the President and Vice-President of the Republic of Kenya respectively, may pose to efforts aimed at promoting the peace and security as well as the rule of law and stability in Africa;

v. RECALLS that,pursuant to the principle of complementarity enshrined in the Rome Statute of the ICC, Kenya has primary jurisdiction over the investigations andprosecutions of crimes in relation to the 2007 post-election violence, in thisregard, DEEPLY REGRETS the Decisions of the Pre-trial Chamber II and the appeals Chamber of the ICC on the admissibility of the cases dated 30 May and 30 August 2011 respectively, which denied the right of Kenya to prosecute and try alleged perpetrators of crimes committed on its territory in relation to the 2007 post-election violence;


vi. SUPPORTS AND ENDORSES the Eastern Africa Region’s request for a referral ofthe ICC investigations and prosecutions in relation to the 2007 post-election violence in Kenya, in line with the principle of complementarity, to allow fora National Mechanism to investigate and prosecute the cases under a reformed Judiciary provided for in the new constitutional dispensation, in support of the ongoing peace building and national reconciliation processes, in order to prevent the resumption of conflict and violence in Kenya;

vii. REQUESTS the Commission, in collaboration with the African Court of Human and Peoples’ Rights and the African Union Commission on the International Law (AUCIL), to organize an AU reflection, as part of the 50th Anniversary discussion on the broad areas of International Criminal Justice System, Peace,Justice and Reconciliation as well as the impact/actions of the ICC in Africa –to both inform the ICC process but also seek ways of strengthening African mechanisms to deal with African challenges and problems;

viii. ALSO REQUESTS the Commission to follow-up on this matter and to report regularly on the implementation of the various Assembly decisions on the ICC.

]]> Kenyan Politics lonesome https://www.jamiiforums.com/kenyan-politics/456603-kenya-yaziangukia-nchi-za-afrika-kumnusuru-kenyatta.html https://www.jamiiforums.com/kenyan-politics/456565-accidented-cars-are-a-very-profitable-business-in-africa-i-was-surprised-to-know-that-millionaires-new-post.html Fri, 24 May 2013 09:19:16 GMT Don't waste your time talking politics. See how a Tanzania poor woman became a millionaire just by buying and selling accidented cars, Very interesting idea. Go to (ACCIDENTEDCARS.COM) to see the various methods and companies she was using(ACCIDENTEDCARS.COM). A very simple idea but very realistic. WAKE UP AFRICANS ]]> Kenyan Politics donkedo https://www.jamiiforums.com/kenyan-politics/456565-accidented-cars-are-a-very-profitable-business-in-africa-i-was-surprised-to-know-that-millionaires.html https://www.jamiiforums.com/kenyan-politics/456134-see-a-kenyan-boy-who-bcame-a-millionaire-by-buying-selling-accidented-cars-very-interesing-idea-new-post.html Thu, 23 May 2013 15:04:58 GMT Don't waste your time talking politics while others are making money. See how a Kenyan boy became a millionaire just by buying/selling accidented cars. Very interesting idea. Go to (ACCIDENTEDCARS.COM)) to see the various methods and companies she was using to do that (ACCIDENTEDCARS.COM). A simple idea but very realistic. WAKE UP AFRICANS. Don't waste your time talking politics. ]]> Kenyan Politics donkedo https://www.jamiiforums.com/kenyan-politics/456134-see-a-kenyan-boy-who-bcame-a-millionaire-by-buying-selling-accidented-cars-very-interesing-idea.html https://www.jamiiforums.com/kenyan-politics/455946-mutula-kilonzo%92s-last-words-%91i-wish-you-were-here%3B-i-am-in-paradise%92-new-post.html Thu, 23 May 2013 09:41:57 GMT *Mutula Kilonzo’s last words: ‘I wish you were here; I am in paradise’* **Updated Wednesday, May 22nd 2013 at 10:36 GMT +3** *By Machua Koinange* * Kenya: *Nduku Kilonzo says her late husband always remembered her birthday and treated her in... Mutula Kilonzo’s last words: ‘I wish you were here; I am in paradise’

Updated Wednesday, May 22nd 2013 at 10:36 GMT +3

By Machua Koinange

Kenya: Nduku Kilonzo says her late husband always remembered her birthday and treated her in a special way.
But besides the jewelry he bought her, she clings to one other monument of his affection; the house he built for her and her children in Gigiri. The mansion sitting on three acres has a six-car garage as well as a swimming pool and is valued at over Sh100 million by conservative realtor estimate.

Mutula iced it by having a water fountain built next to the pool as well as a barbecue centre. He loved charcoal-grilled chicken.
It was in this house that Nduku and Mutula shared their lives, dreams and raised their three sons.
Besides gardening, for which Mutula had a passion for, his time in the house was spent reading in the house library, which would occasionally echo to the peals of laughter. He loved John Grisham and never brought work from the law practice or government office home. He drew a dichotomy between his work and his home.
Says Nduku: “He loved watching cartoons, especially Tom and Jerry. He also loved Mr Bean. My son in London would come visiting and he would bring a collection of Mr Bean DVDs for him.”
Because of his love for the extraordinary, Nduku and his children nicknamed him the “King of the Remote Control.”

“His work at the office could be stressful and so at home, we allowed him to be himself. We gave him space to relax and let off steam. He filled the house with his loud and infectious laughter.”
His favourite travel destination was Israel. Mutula had visited the country just before the 2010 referendum on the proposed Constitution and fell in love with it. He unsuccessfully tried to get Nduku to come with him several times after that.

In September last year, Rachel Ruto, now the Deputy President’s wife, arranged a trip to Israel for women from her church and Nduku joined them on the tour.
Says recalls: “When I told Mutula I was going, he was so excited. He came home one evening and brought a cheque covering all the expenses. That’s how badly he wanted me to go.”

As his practice grew, his dalliance with retired President Moi marked the pinnacle of his career.
He was proud to be his lawyer and his performance was described in superlatives in legal corridors. He wore the scars of his legal battles like a badge of honour, and victory was rewarded with financial success.
A ranch in Maanzoni, a home in Mbooni, Runda, Mombasa and a farm in Nakuru, among other prized possessions, all attested to his success as an attorney.
Who’s who?
The list of his clients on the other hand read like Who’s Who? in Kenya’s power circles.
Nduku remembers an incident in Mutula’s early days of practice when he accompanied retired President Moi to view land that he wanted to purchase. “Mutula was in his car following the President to the site. His car broke down and he was thoroughly embarrassed.”
His typical day began at 3.30am with an early shower and breakfast consisting of a slice of pawpaw, fresh orange juice and black tea with no sugar. He would leave the house by 4.30am and head to the gymnasium at the Hilton Hotel. He usually would be in the office by 7am.
After a long day at work, he would be back home by 5.30pm.

“I always wanted to be at the door to welcome him when he returned. I never wanted him to knock on the door. I preferred to have it open when he drove into the compound.”
“When I was upstairs on the days he returned, I would tell my workers to alert me when he drove into the compound. He would walk in and declare: Kiveti kii no wisi kana muimiu niwukie (Woman, do you know your husband has come home?).”
Other days he would say: “Mwiitu wa aeombe, kiveti kya atangwa undue kyau? (Daughter of the clan, wife of atangwa , what have you cooked?”)
His favourite dish? Fish. He preferred it fried dry with tomatoes, ugali and vegetables. Dinner in the Mutula house was served at 6.30pm and Mutula preferred a unique tea mix without milk, with a drop of ginger and lemon for a nightcap.

The week before he passed on, Nduku had undergone a minor surgery on the neck at The Nairobi Hospital on April 11. Everything went well and Mutula, excited that the operation had been a success, had gone to pick Nduku and even personally cleared her out of the hospital before driving her home.
After his election to the Senate, Mutula figured his workload would be light compared to the brutal years as MP and Cabinet minister.
Finally, he would have time to get back to his passion — golf. To prepare for the task, Mutula purchased a new set of top-of-the-line golf clubs, a Titleist bag and balls and new size eight golf shoes.
He was ready to hit the fairways.
His favourite golf course was Royal. He renewed his expired memberships with Muthaiga, Karen, Railways and Royal golf clubs by dispatching his renewal cheques the Friday of April 19 in preparation for a momentous return to the tee box.
On Friday April 26, he left early in the morning.
“I was in bed when he left at his usual early morning time. I knew he was heading to Kya Kyelu Ranch,” Nduku remembers. The ranch had been named after the owner, who had sold the 1,500-acre land to Mutula.

It was here he would retreat to when he needed a moment away from the hustle and bustle of life to watch the evening sunset. It was here that he reflected on his victories and pain.
It was here that he whispered his secrets to the wind.
Says Nduku: “He called me in the evening at around 6.30pm to tell me he had arrived.”
Mutula told her: “How is mrembo? Have you taken your medication?”
Nduku affirmed she was fine and had indeed taken her medicine.

He continued: “This place is so green. I wish you were here. I am in paradise.”
Mutula later wished her a good night and promised to call her the following day. And that was to be the last time she would hear from him.
On Saturday April 27, Nduku had stayed up late in bed. She woke up at around 9.30am and had breakfast. Her phone rang. It was the accountant at Mutula’s law firm and he sounded worried.
“Mkubwa (the boss) is very sick. You need to go to the ranch,” he told her.
Nduku was still on medication from the neck surgery. She could not drive. She picked up the phone and called Rev Teresa Wairimu of Faith Evangelistic Ministries and told her she needed a ride to the ranch. The pastor told her she was on her way.

Meanwhile, events at the ranch were getting frenetic. She called Mutula Kilonzo Junior and he told her he was in Mlolongo driving towards the ranch. Nduku figured that if they could get Mutula to the Aga Khan clinic at Kitengela, there was a chance they could save his life.
When she called Mutula Junior again after a respectable interlude, he was already at the ranch – in his father’s room.
He sounded down. She sensed something was terribly wrong.
“How is he?” Nduku pressed him.
“Not good.”
Silence.
“That can mean a lot of things. Tell me the truth, is your father there or not?”
Silence. She waited for his response, her heart pounding.
“He is not.”
The worst had happened. The revelation hit her like a twister.
Nduku was hysterical. She let out a homeric scream that reverberated across the expansive mansion and attracted her workers.
“I was devastated. I could not imagine that this was possible. How could it be that I spoke to him last night and now he was gone?”
Rev Wairimu showed up later with other congregation members to give Nduku a ride to the ranch. She sat in the car dazed, struggling to make sense of everything that was rapidly unfolding.
“I kept asking myself, how can I talk to him?”
She needed to hear his voice, his laughter, just one last time.
The nightmare traffic through Nairobi and along Mombasa Road did not do much to assuage her grief. By the time their car drove into Kya Kyelu Ranch and entered the house that Mutula had christened Valhalla — the resting place of heroes — Nduku was emotionally brutalised.
According to Scandinavian mythology, Valhalla is “a majestic, enormous hall located in Asgard, ruled over by the god Odin. Half of those who die in combat travel to Valhalla upon death. It is here the dead join the masses of those who have died in combat known as Einherjar,”
It finally began to sink for Nduku that Mutula Kilonzo was gone — forever.
Mutula was laid to rest on Thursday May 9. He was buried next to his favourite grandmother, Susu, and his parents according to his wishes. “Susu was everything to Mutula; she was so sweet and close to Mutula and by extension me,” Nduku says.

Today, Nduku is struggling to pick up the pieces after her world was turned upside down one Saturday morning. “We want the investigations to be completed so that as a family, we can have closure. Mutula had no major health issues and rarely took medication. “
“I have heard about the poison theory but until the investigations are complete, we will never know what happened.”
How life changes.
On an evening when the sun is setting over Gigiri, Nduku would rush down the stairs at the sound of a vehicle driving in at around 5.30pm to meet her husband at the door.
All those are distant memories now. Although the passage of time has robbed the rose garden that Mutula had created spelling her name its beauty, Nduku could restore its shine with a little gardening.
It is the least she can do to keep alive the memories of the man who signed all his Valentine’s Day cards with one name: Kitutu.

Source: Standard Newspaper










]]> Kenyan Politics Kashishi https://www.jamiiforums.com/kenyan-politics/455946-mutula-kilonzo%92s-last-words-%91i-wish-you-were-here%3B-i-am-in-paradise%92.html https://www.jamiiforums.com/kenyan-politics/455676-safari-ya-makamu-wa-rais-william-ruto-yazua-maswali-kibao-je-ni-mtego-new-post.html Thu, 23 May 2013 04:18:08 GMT *Official word not backed by invoice* Image: http://www.nation.co.ke/image/view/-/1860154/medRes/516529/-/maxw/600/-/1mf3xez/-/Jet+Invoice+px.jpg By NATION TEAM newsdesk@ke.nationmedia.com Posted Wednesday, May 22 2013 at ... Official word not backed by invoice




By NATION TEAM newsdesk@ke.nationmedia.com
Posted Wednesday, May 22 2013 at 23:30

In Summary

• VistaJet document now forms the basis of the first investigation launched by the Public Accounts Committee of Parliament

The Daily Nation today publishes a copy of a US$300,000 (Sh25.14 million) invoice for the leasing of a luxury jet which was submitted by Swiss firm VistaJet to Deputy President William Ruto’s office.

The invoice, dated May 15, 2013, contradicts claims by Mr Ruto’s office that the cost of hiring the jet was $221,000 (Sh18.5 million) rather than the amount quoted in the Sunday Nation story.

The document, which now forms the basis of the first investigation launched by the Public Accounts Committee, was obtained from impeccable sources and indicates that Kenyans may pay more than the reported Sh25.14 million.

The invoice from VistaJet offices in Salzburg, Austria, indicates that the payment is a “first instalment of the quarterly payment” for the jet leasing services as part of a “VistaJet Program Partnership Agreement” with the government.

The Deputy President’s office has launched a furious rear-guard action to contain the damage following the publication of the details of the deal which has triggered anger from civil society and the public. Mr Ruto has also threatened to sue the Nation over the story.

In Parliament on Wednesday, House Majority Leader Aden Duale tabled a letter from a firm known as E-ADC Limited stating that the “official invoice” sent to the Office of the Deputy President was for $221,000.

However, the letter was written one day after the first Nation report and distributed to newsrooms by a Mr Ahmed Kassam, an aviation expert. The letter does not bear an attachment showing the “official invoice” from VistaJet.

The bill obtained by the Nation was addressed to Mr Evans Nyachio, a senior procurement officer in the Deputy President’s office.

Although Parliament was told the Nation did not contact the Deputy President’s office before publication of the story, that statement is untrue.

Mr Nyachio was called on Saturday and challenged to confirm or deny that the invoice had been received.

He did neither and instead said the matter was “sensitive” and demanded that reporters see him on Monday, May 20.

Various government officials have also made false statements while seeking to justify the expense footed by taxpayers for the four-nation trip to Gabon, Nigeria, Ghana and Congo.

In an interview with NTV, Information permanent secretary Bitange Ndemo claimed that flying by commercial flights would have required the group to fly to France and connect back to West and Central Africa.

In fact, Kenya Airways operates direct flights to Lagos, Accra and to the capital of Congo, Brazzaville. There are no direct flights to Libreville but connections exist in West Africa.

Dr Ndemo also said that hiring a jet was the most cost-effective way the trip could have been made: “If you carry nine senior government officials on business class going to Europe and coming back you will find that the cost would have been much higher,” he said.

In fact, information available on the Internet indicates that first class fare from Nairobi to Lagos is $3,345 (Sh280,980).

Assuming that all 16 passengers on Mr Ruto’s trip had travelled first class — an unlikely event considering not all on board were senior officials — the trip to Lagos would have cost $53,520 (Sh4.5 million excluding connection flight charges).

Dr Ndemo also told his interviewer there was “no contract” between VistaJet and the government and that the deal was “a one-off”.

Official word not backed by invoice - News - nation.co.ke ]]> Kenyan Politics Ab-Titchaz https://www.jamiiforums.com/kenyan-politics/455676-safari-ya-makamu-wa-rais-william-ruto-yazua-maswali-kibao-je-ni-mtego.html https://www.jamiiforums.com/kenyan-politics/455661-the-kenya-truth-justice-and-reconciliation-commission-releases-final-report-jipatie-nakala-yako-new-post.html Thu, 23 May 2013 02:54:42 GMT Image: http://www.nation.co.ke/image/view/-/1860190/medRes/516531/-/maxw/600/-/12rnlk9z/-/DN+TJRC+UHURU+2105tc+px.jpg The Final Report of The Truth Justice and Reconciliation Commission of Kenya...


The Final Report of The Truth Justice and Reconciliation Commission of Kenya


VOLUME 1


VOLUME II A


VOLUME II B


VOLUME II C


VOLUME III


VOLUME IV ]]> Kenyan Politics Ab-Titchaz https://www.jamiiforums.com/kenyan-politics/455661-the-kenya-truth-justice-and-reconciliation-commission-releases-final-report-jipatie-nakala-yako.html https://www.jamiiforums.com/kenyan-politics/455337-icc-cases-start-facing-hurdles-labeled-of-being-as-threats-to-regional-peace-and-stabilty-new-post.html Wed, 22 May 2013 12:55:02 GMT The cases at the ICC have now been declared a threat to the gains in prevailing peace and security in the east and central african region, a letter the UNSC has received from a UN representative has said. It continues to say the conduct and... The cases at the ICC have now been declared a threat to the gains in prevailing peace and security in the east and central african region, a letter the UNSC has received from a UN representative has said. It continues to say the conduct and continuation of the cases bundled with sloppy investigations and withdrawal of cases without justification show the cases are not carried out in the interest of justice. The ICC continue their efforts to heighten a desperate game to proceed with prosecution despite losing two of its judges and key witnesses that were meant to testify against the accused. There has been storms brewing at the prosecutors office, where judges to determine the cases have accused the chief prosecutor of failing to disclose to them evidence linking the accused.

By the office of the prosecutor failing to prove that meetings were planned by the NSAC national Advisory Security council in statehouse and to determine the networks that perpetrated and financed the post election violence that killed close to 1000 people and displaced over 600,000, it indicates that the position of the full trial chamber's hearing will only narrow down to a battle legal-wits. This among other impacts will make the cases fall apart for lack of evidence.

Before the election of the current government the ICC prosecutor moreno ocampo had set a deadline and ordered the former regime to create a local-tribunal, but a cross-section of nyanza MPS blocked and ensured parliament failed to reach a consensus to create a local tribunal. There has been some disqueit within the court touching on the prosecutors ability educational background and qualifications from a nigerian university if they really comply to the EU European union codes of education standards.

The new invitation by the UN to the accused to bid their presentation challenging the immediate termination of their cases, has ignited a flurry of activities meant to strenghen the resolve of the administrations of Washington and britain that are seen to be the major actors manipulating events at the court and are well aware of what this new challenge might pose to their bid of elbowing out some individuals and some of the newly reformed institutions from carrying international obligations to pave way for their puppet to power. ]]> Kenyan Politics K.G.B https://www.jamiiforums.com/kenyan-politics/455337-icc-cases-start-facing-hurdles-labeled-of-being-as-threats-to-regional-peace-and-stabilty.html https://www.jamiiforums.com/kenyan-politics/453871-we-do-not-take-public-support-for-the-judiciary-for-granted-new-post.html Mon, 20 May 2013 03:48:05 GMT *We do not take public support for the Judiciary for granted* Image: http://www.nation.co.ke/image/view/-/1856522/medRes/514586/-/maxw/600/-/eorxhaz/-/Mutunga+Col+px.jpg *Willy Mutunga. * *By WILLY MUTUNGA Posted Saturday, May 18 2013 at ... We do not take public support for the Judiciary for granted



Willy Mutunga.

By WILLY MUTUNGA
Posted Saturday, May 18 2013 at 20:00
IN SUMMARY

• One of the events scheduled upon my return to Kenya is the handover of all materials from the presidential election petitions to university law schools in Kenya in order to launch a robust debate and lifelong scholarly inquiry on the cases and the decisions that flowed from them
• Through this engagement, the Supreme Court, and indeed the Judiciary, will be inviting criticism of its processes and outcomes as well as evaluations and affirmations as appropriate
• It is a testament to our acceptance of the principle that it is only through constant engagement that we can build public confidence in Kenya’s justice system

Ever since I took my oath of office on June 20, 2011, I have never been under any illusion that winning public confidence is a destination – rather, I believe that it is a continuous journey.

Even at those moments when surveys have found that the Judiciary enjoyed some of the highest public approval ratings, we have been keen to seek ways of winning the confidence of those who still found our services and attitudes unsatisfactory.

I was, therefore, surprised to read the online report in the Daily Nation (Wednesday, May 15, 2013) attributing to me remarks to the effect that the proof of Kenyans’ confidence in the court system could be found in the unanimous decision of the Supreme Court in the recent presidential petition.

Nothing could have been further from what I said. It is possible that since the reporter was not present at the meeting with Chief Judge Lippman in his Manhattan chambers, he entirely missed the context and substance of our discussions.

Going by the reactions online, this report has caused a great deal of distress to many Kenyans. I have, therefore, requested the editors of this newspaper to allow me to exercise the right of reply on this matter in order to set the record straight.

From May 13, 2013, I have been visiting the United States as part of my continuing engagement with other jurisdictions to draw lessons on how to speed up the transformation of the Judiciary launched a year ago. It has been a mutual learning experience for us as well as for our hosts.

In New York, for example, Chief Judge Lippman of Circuit of Appeals is working to bring into the mainstream of the justice system its town and village justices, many of whom are non-lawyers who have been criticised for conduct ranging from appearing drunk in court to failing to inform defendants of their right to counsel, to convicting defendants without trial.

We, on the other hand, are attempting to reconcile the councils of elders, which are important in traditional Kenyan society, with the protections of our new Constitution, for example, with regard to women’s rights.

Our discussions also centred on experiences in negotiating budgets with the Executive and the Legislature as an independent Judiciary.

I recall telling Chief Judge Lippman that unlike in 2007 when election contestants refused to go to court, this time round, on the basis of the confidence building work we have undertaken since 2011, there was recourse to the courts and not violence.

The closest I came to discussing the petition was to say that political questions are problematic for courts worldwide because what makes sense in law, evidence and the Constitution may not always be what makes sense politically. The Supreme Court judges and I are only too aware that the decision handed down on March 30, 2013 may not be universally popular.

We have subsequently taken steps to open spaces for it to be debated, for the benefit of all actors and interests involved not just now but also for the future.

One of the events scheduled upon my return to Kenya is the handover of all materials from the presidential election petitions to university law schools in Kenya in order to launch a robust debate and lifelong scholarly inquiry on the cases and the decisions that flowed from them.

Through this engagement, the Supreme Court, and indeed the Judiciary, will be inviting criticism of its processes and outcomes as well as evaluations and affirmations as appropriate. It is a testament to our acceptance of the principle that it is only through constant engagement that we can build public confidence in Kenya’s justice system.

We remain keenly aware that to those whose faith may be flagging, we have a duty to restore it in our decisions and conduct.

Dr Willy Mutunga is Chief Justice and President of the Supreme Court of Kenya.

Murithi Mutiga’s column resumes next week


Source: Nation Newspaper ]]> Kenyan Politics Kashishi https://www.jamiiforums.com/kenyan-politics/453871-we-do-not-take-public-support-for-the-judiciary-for-granted.html https://www.jamiiforums.com/kenyan-politics/453866-attempt-to-steal-the-late-mutula%92s-casket-thwarted-new-post.html Mon, 20 May 2013 03:14:15 GMT Attempt to steal the late Mutula’s casket thwarted

Updated Sunday, May 19th 2013 at 23:18 GMT +3

Casket containing remains of the late Makueni Senator Mutula Kilonzo during his burial on May 9 at his Mbooni rural home. (Photo:George Mulala/Standard)

By Daniel Nzia

Makueni, Kenya: Police in Mbooni have been deployed to the rural home of the departed Makueni Senator Mutula Kilonzo following an attempt by suspected thugs to break into his grave.

Mbooni East OCPD James Baraza confirmed they had received information that some people had planned to steal the casket containing the remains of the late Mutula.
The incident reportedly happened on Friday night though relatives declined to discuss the matter referring reporters to the police.
The police boss said the suspects did not accomplish their mission as employees and neighbours raised the alarm forcing them to flee.
The number of the suspected raiders could not be immediately established but the OCPD said investigations have been launched.
“We received intelligence reports that there were some people planning to raid the Woyani home of the late Mutula and moved with speed to tackle the matter,” said Baraza.
He however said no one was found at the scene prompting him to deploy officers for any eventuality.
Mbooni area was Sunday a buzz with the news of the attempted robbery of the casket whose price was estimated at nearly half a million shillings.
When the media visited the home, there was tight security at the home and its environs.
The OCPD said any one linked to the attempted robbery of the expensive casket will be arrested and prosecuted.
The late Mutula passed on at his Kwa Kyelu ranch in Maanzoni, Machakos County on April 27 and his death still remains a mystery.

Source: Standard Newspaper ]]> Kenyan Politics Kashishi https://www.jamiiforums.com/kenyan-politics/453866-attempt-to-steal-the-late-mutula%92s-casket-thwarted.html https://www.jamiiforums.com/kenyan-politics/452965-obama-to-visit-africa-snubs-kenya-again-new-post.html Fri, 17 May 2013 22:13:24 GMT Obama to Visit S’Africa, Tanzania, Rwanda, Considers Stopover in Nigeria

17 May 2013

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President Barack ObamaBy Paul OhiaPresident Barack Obama of the United States is billed to begin his second tour of Africa at the end of June with visits to South Africa, Tanzania and Rwanda.He will however make a stopover in Nigeria, during which he will hold bilateral discussions with President Goodluck Jonathan and other top government officials.The initial plan for the African tour was for Obama to spend two days in Nigeria, but owing to insecurity occasioned by the terrorist activities of the Islamic militant group, Boko Haram, the plan was reviewed and he is now expected to spend a few hours or one day in the country.Sources from the presidency added that security situation during Obama’s visit would be paramount and if there is any reason to doubt Nigeria’s unpreparedness to host the US president, his visit to the country might be cancelled outright.Obama’s maiden visit to Africa took him to Ghana in July 2009 during which he met with President John Atta Mills, now deceased, and delivered a speech at the Ghanaian parliament in addition to touring a former departing point of the trans-Atlantic slave trade, the Cape Coast Castle.The non-inclusion of Nigeria on his itinerary in 2009 was widely regarded as a snub and a subtle criticism of the country’s leadership, a perception, which the then Secretary of State, Mrs. Hillary Clinton, dismissed.She had said Obama’s choice of Ghana was “meant to tea-up” US relationship with sub-Saharan Africa, and the choice should not be interpreted in any other way.During his visit, the two nations are expected to discuss issues centred on trade relations, security and human rights.
Tags: Featured, News, Nigeria, Obama, Rwanda, S’Africa, Tanzania

Obama to Visit S’Africa, Tanzania, Rwanda, Considers Stopover in Nigeria, Articles | THISDAY LIVE

A more elaborated press release on Obama's visit of Africa, Nigeria and Rwanda omitted Senegal added


22nd May 13
Obama to unveil power supply plan for Africa

Gadiosa Lamtey
US President Barack Obama is expected to unveil a new plan for distribution of electricity in Africa during a historic two-day visit to Tanzania in early July, a US Embassy press statement issued in Dar es Salaam yesterday said.

According to the statement, President Obama and First Lady Michelle will visit Senegal, South Africa and Tanzania between June 26 and July 3.
It said President Obama’s visit was principally meant to underscore the value placed by Tanzania and the United States on the need to consolidate diplomatic ties between the US and sub-Saharan Africa.

“The visit will reinforce the importance the United States places on our deep and growing ties with countries in sub-Saharan Africa,” read part of the statement.

It said these ties would be developed through expansion of economic growth, investment, and trade as well as through the strengthening of democratic institutions and investing in the next generation of African leaders.

The statement added that Obama’s trip would underline the US President’s commitment to broadening and deepening cooperation between his country and the people of sub-Saharan Africa, with a view to advancing and enhancing regional and global peace and prosperity.

While in Tanzania, President Obama is expected to meet with a wide array of leaders from government, the business sector and civil society – including youth organisations – for talks on strategic partnerships on bilateral and global issues.

Salvatory Rweyemamu, Director of Presidential Communications, earlier yesterday confirmed to the BBC from Dar es Salaam that President Obama would be in Tanzania for two days during which he would announce the new power distribution plan for Africa.

He said President Obama would be visiting Tanzania chiefly because relations between the two countries are good, adding that the visit would help strengthen ties between the two countries.

Rweyemamu also explained that President Obama’s decision to visit Tanzania attested to the fact that Tanzania was moving in the right direction in terms of social, economic and political development.

“Tanzania is a good example of African countries that have attained recognition for their records in good governance and development initiatives as well as for being havens of peace on a continent plagued by violent conflicts,” he noted.

He appealed to Tanzanians to demonstrate, prize and cherish patriotism and so maintain the positive image that has won the country international recognition and commendation.

Obama’s visit will be his second to sub-Saharan Africa as US President and follows that of his predecessor, President George W. Bush, in February 2008 that witnessed the signing of the five-year $698 million Millennium Challenge Compact.
That was by far the largest project, in monetary terms, to have been signed in the history of the Millennium Challenge Corporation.

Analysts say that, with former President Bill Clinton also having visited Africa during his second term in office, such high-profile trips are common for US presidents after they are relieved of the pressure of domestic campaigning and leadership. They add, though, that it is especially noteworthy that three consecutive US presidents have graced Tanzania with visits.

Since the signing of the Millennium Challenge Compact, the US government has provided funds to rehabilitate and expand Tanzania’s strategic water, energy and road infrastructure.

THE GUARDIAN

http://www.ippmedia.com/frontend/fun...le.php?l=54978



24th May 13
Obama to pump in $800m during visit to Tanzania
Correspondent Mtei David

US President Barack Obama’s visit to Tanzania next month will be accompanied with a windfall as he will bring with him USD800m to support implementation of the Millennium Development Goals in the East African country.

Briefing the African Diplomatic Corps and the press yesterday, Foreign Affairs and International Cooperation minister Bernard Membe said the US support will be channelled into water, roads and education projects.

In his entourage, the seond to the continent sicne he came to power, President Obama will be accompanied by his family and close to 700 delegates comprising CEOs of various companies, the minister said.

The American head of businesses are expected to explore venture opportunities in the areas of energy in what has been termed as “Power Africa”-- President Obama’s visiting agenda.

Membe called upon the Tanzanian business community to get ready to grab the business opportunities that will be brought by the entourage.

Tanzania is expected to host President Barack Obama of the United States in what is considered to be the biggest visit ever on July 1 to 2, this year. Prior to visiting Tanzania, the US president will tour Senegal and South Africa.

According to a statement issued by the White House earlier this week, the visit embarks the US’ “commitment to broadening and deepening cooperation between the Noth American country and the people of sub-Saharan Africa.”

Minister Membe noted that Obama’s visit will almost coincide with the Smart Partnership Dialogue to be hosted in Dar es Salaam on June 28 through July 1, this year.

The theme of this year’s Dialogue is “Leveraging Technology for Africa’s Socio-economic Transformation: The Smart Partnership War”.
Important dignitaries from all over the world are expected to attend the Dialogue, including former US President George W. Bush and his wife Laura Bush, said Minister Membe, adding that the main agenda of President’s Obama’s visit is “Power Africa”.

Energy sector is vital in the economic development of the Africa Continent and this visit is earmarked to highlight power and energy conservation among African nations.

On that, President Obama is expected to host a businessmen forum that will bring together groups from various development sectors from both countries. In another development, Minister Membe briefed pressmen about the African Union’s Golden Jubilee celebrations, slated for this Saturday at Karimjee Grounds in Dar es Salaam.
Detailing the programme, the Permanent Secretary John Haule said the theme for the AU’s 50 years’ celebration is Pan-Africanism and the African Renaissance.
Other activities will include a panel discussion on the role of AU in the struggle for African liberations and self-determination.

The press conference was also attended by ambassadors of Mozambique, Namibia, Algeria, Nigeria, Malawi, Zambia, Democratic Republic of Congo, Sudan, Somalia and from a number of other African countries.

Dean of African Diplomatic Corps Prof Ambrosio Lukoki said the AU celebrations should not only be a jubilee but a special opportunity to reflect on where “we come from, where we are and where we are going.”
“The day should be used to discuss the challenges facing the continent including, the tendency by the powerful nations to have voice over Africa,” Prof Lukoki said.
THE GUARDIAN

http://www.ippmedia.com/frontend/fun...le.php?l=55066

Tanzania, US in funding deal


President Barack Obama meets his Tanzanian counterpart Jakaya Kikwete in the Oval office at the Whie House. In his second tour of Africa next month Mr Obama will visit three African countries, which include Tanzania, Senegal and South Africa. PHOTO | FILE

In Summary
Tanzania has been the biggest recipient of MCC for education, infrastructure and health......we expect to sign another deal soon after President Obama lands in Dar es Salaam.


Dar es Salaam. Tanzania is expected to sign a multi-billion shilling deal with the Millennium Challenge Corporation after US President Barack Obama arrives in the country in July, the government has confirmed.

In a press and diplomatic briefing yesterday, the minister for Foreign Affairs and International Cooperation, Mr Bernard Membe, said it was likely that Tanzania would sign a major deal with the Millennium Challenge Corporation (MCC) for funding which will be spent on education, health and road infrastructure.

Membe said the coming of President Obama to Tanzania signifies the strong diplomatic ties between the two countries under President Jakaya Kikwete. Though he said Tanzania would be representing the region, it has also invited members of the Smart Partnership to attend.

Membe’s statement on regional representation captured the attention of Kenyan high commissioner Mutinda Mutiso, who asked if other East African heads of state have been invited. However, the minister was coy in his response only insisting that those who are Smart Partnership members have been sent their invitations.

“Tanzania has been the biggest recipient of MCC for education, infrastructure and health......we expect to sign another deal soon after President Obama lands in Dar es Salaam,” Mr Membe said, adding: “We will hold economic discussions. He will address the issue of energy in Africa, economic development and how many people investing in the power-generation sector.”

The minister said ceos would explore the importance of science and technology. He noted, however, that President Obama will also address the CEOs Roundtable. “Obama’s visit will be beneficial to the whole region...in terms of investments, we expect to have a big team of CEOs from the US and their counterparts in Dar,” he said.

Back to The Citizen: Tanzania, US in funding deal
http://www.thecitizen.co.tz/News/-/1...z/-/index.html
]]> Kenyan Politics Geza Ulole https://www.jamiiforums.com/kenyan-politics/452965-obama-to-visit-africa-snubs-kenya-again.html https://www.jamiiforums.com/kenyan-politics/452530-cords-mps-tumekubali-kufuata-nyayo-new-post.html Fri, 17 May 2013 07:10:10 GMT 'The deadlock in the National Assembly over the formation of House
committees was broken Wednesday after Cord Alliance agreed to
accept proposals by Jubilee Coalition'.
Cord accepts proposal on House committees - Politics - nation.co.ke

In the past government,,,there was this kind of sharing everything
but after the coming of the new government,,,everything has
changed and it has taken CORD all these time to come to
terms with the reality of the situation in Kenya,,now.

The National Assembly has 28 committees but only four have
been formed so far,,because of the stalemate.

The problem arose when CORD MP's wanted to have
a majority as well as head the most important
committees,,,contrary to the rules of the
house.

When they did not have their way,,,,they stormed
out of the house and indicated that they
were going to pull all CORD MP's from
all committees.

But when it came to vetting the cabinet nominees,,,
CORD MP's of this committee broke ranks with the
rest and participated in the vetting,,where each
MP was supposed to pocket 10,000 per sitting.

In total,,,there were 15 sittings.

It is seen as the first test,,,of the Raila's influence
on these MP's,,,for he (Raila) was present in a
Nairobi hotel,,where CORD gave condition of
their participation on those committees.

Now,,,CORD,,,after realizing that they were
fighting a giant and also,,going against
the rules of the house,,,have decided
to see the light and tow,,,the line.

At least,,we are going,,somewhere.:nod::nod: ]]> Kenyan Politics Jammu Africa https://www.jamiiforums.com/kenyan-politics/452530-cords-mps-tumekubali-kufuata-nyayo.html https://www.jamiiforums.com/kenyan-politics/451890-kenya-state-sued-over-planned-nuclear-power-plant-new-post.html Thu, 16 May 2013 04:42:42 GMT By Lucianne Limo | The Standard | May 15, 2013 The Government’s bid to establish a nuclear power plant in the country is facing a hurdle. Dr Joseph Kitur, a researcher, wants the court to order the Nuclear Electricity Project Committee to... By Lucianne Limo | The Standard | May 15, 2013


The Government’s bid to establish a nuclear power plant in the country is facing a hurdle.

Dr Joseph Kitur, a researcher, wants the court to order the Nuclear Electricity Project Committee to suspend the ongoing feasibility study of nuclear energy production pending the determination of his case.

Kitur argues that the project is not properly informed, ill-timed and wants the court to declare that due to the grave risk of nuclear disaster and environmental impacts of nuclear power production, Kenya should instead pursue clean, safe and renewable sources of energy.

The petitioner, a regional manager for Livestock Institution in Africa noted that the Government is in the process of carrying out a feasibility and self-assessment study for nuclear power production in the country without fully acknowledging greater risks involved in nuclear energy.

He further alleged that the public did not understand the working scope of the committee set up to oversee the project.

In 2010, the Energy ministry unveiled a 13-member committee, chaired by Ochillo Ayacko to drive the nuclear electricity generation agenda in the country.

The committee was mandated to identify a site to set up the nuclear power station, as well as prepare and oversee implementation of a roadmap for the launch of nuclear power plant.

Ministry budget

The ministry set aside Sh300 million to start off the nuclear electricity project.

Consequently, in April this year, a group of 11 Kenyan students began training in a South Korean nuclear graduate school.

The students were picked from various parastatals in the Ministry of Energy and are undertaking postgraduate studies in Nuclear Science at the Korea Electric Power Corporation training school.

In a replying affidavit, Ayacko defended his team saying they are carrying out a pre-feasibility study meant to inform it whether to proceed with the project or not.

The decision to carry out a nuclear power project, he said, has not been made, saying the petitioner cannot purport to seek redress for a decision not yet made.

He said the project is necessary considering the rapidly increasing cost of electricity for industrial, commercial and household use.

“The petitioner’s apprehension of dangers resulting from radiation is farfetched, unfounded and moot,”Ayacko said.

Justice David Majanja directed the parties to exchange submissions within 14 days and the case will be mentioned on June 6. ]]> Kenyan Politics Kenyan https://www.jamiiforums.com/kenyan-politics/451890-kenya-state-sued-over-planned-nuclear-power-plant.html https://www.jamiiforums.com/kenyan-politics/450780-when-democracy-has-blood-on-its-hands-ian-birrel-new-post.html Tue, 14 May 2013 01:28:42 GMT When democracy has blood on its hands




The International Criminal Court was designed for those monsters accused of the world's worst crimes, but democracy has some unexpected consequences


When the new president of Kenya visited London last week for the summit on Somalia, he held a private meeting with our prime minister. This was unsurprising: the two countries have the closest ties, Britain is leading international efforts to restore order in Somalia, and Kenya has thousands of troops trying to bring peace to its shattered neighbour.

But the meeting was brief and the usual diplomatic photographs were not released. For David Cameron did not want to be seen shaking the bloodstained hand of a man accused of mass murder. Uhuru Kenyatta, the spectacularly wealthy son of his nation's founding figure, is accused with vice-president William Ruto of orchestrating ethnic violence that exploded after the 2007 election, leaving 1,300 people dead and 650,000 displaced.

Cameron probably had to meet the Kenyan president if he wanted the summit to be a success. But the diplomatic dancing highlights the looming problem caused by the pair's unexpected electoral victory; already, Barack Obama has indicated he will fly over the land of his father on a forthcoming tour of Africa. For all the relief felt over the peaceful poll two months ago, the result presents a horribly painful headache – and could end up crippling the court created as the ultimate sanction against genocide.

This seems incredible, given the hopes vested in this body after a troubled birth just over a decade ago. The International Criminal Court was designed for those monsters accused of the world's worst crimes. It was supposed to terrify despots, dictators and warlords; last year, it won the first conviction of a former head of state in an international court since the Nuremberg trials of the Nazis. Yet we may be witnessing its early death throes.

The reason is simple: realpolitik. As Richard Dowden, director of the Royal African Society, said last week, no one envisaged a situation in which someone accused of crimes against humanity would be willfully elected president. Yet Kenyatta and Ruto – who both chose to go to The Hague rather than face trial in Kenya, expecting the case to wither away – converted their indictments into electoral dynamite by turning it into a tussle between Africa and the West.

The ICC has indicted 30 individuals from seven countries, yet all of them are African. This has led to accusations of "white man's justice", with grumbles about Western bias and how our leaders and their allies can literally get away with murder when it comes to war crimes. This may be unfair, given it is a court of last resort, but it is difficult to challenge the hard evidence. Even the leader of next-door Uganda, who supported the ICC's creation, now argues it is a foreign tool – although perhaps he is acting out of self-preservation.

These matters are coming to a head in explosive style. Ruto must report to The Hague in 15 days, with Kenyatta packing his bags to follow him in July. Few expect them to turn up, for all the jibes and jokes in Nairobi about running the country by Skype from Holland. If they fail to show, warrants are issued instantly for their arrest, the newly elected rulers become fugitives in 122 countries that endorse the court, and Kenya becomes the world's least-likely pariah state.

This presents a diplomatic nightmare, especially for Britain, given our historic, commercial and security links. Kenya's political class may be among the planet's most venal, but the country is booming; it has just discovered oil and it plays a crucial role in a fragile region of growing strategic importance. A freeze in relations would not stop trade and tourism, but would make them harder.

Diplomats and lawyers are scrabbling to avoid this looming nightmare. Kenya has asked the United Nations to defer the charges; the president's British barristers are searching for delaying tactics; suggestions are being made to conduct the trial via video. One idea is to move the court temporarily to Kenya, although this would set a costly precedent while increasing the risk of witness intimidation. Who would want to take the stand against their president then?

If these fudges fail and Ruto – reportedly facing a more solid case – does not show up, the international community must make a difficult decision. Does it back a controversial court set up to prosecute people accused of the most horrible crimes possible against leaders elected fairly by their people in full knowledge of the awful accusations against them? Choices, after all, have consequences.

Ultimately our government must stand by the red lines it has drawn; otherwise it undermines the global struggle for human rights. These two men are, after all, accused of direct involvement in appalling atrocities. Yet key competitors in Africa, such as China, India and Turkey, have not signed up to the ICC, so could reap the benefits.

Coincidentally this week Britain sees a visit by another president – Rwanda's Paul Kagame, seeking to restore trust after aid was briefly stopped following his latest intervention in the Democratic Republic of Congo. His regime regularly murders rivals, has routinely committed war crimes and sparked the most lethal conflict since the Second World War. If ever there was someone who should be in the dock at The Hague it is him; instead he is lionised by Western politicians. Is it any wonder there is such distrust over the ICC – and why its death would be little-mourned in many parts of the world? ]]> Kenyan Politics Ab-Titchaz https://www.jamiiforums.com/kenyan-politics/450780-when-democracy-has-blood-on-its-hands-ian-birrel.html