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Reforms:US, Ocampo Maintain Pressure on Kenya

Discussion in 'Kenyan News and Politics' started by Ab-Titchaz, Oct 2, 2009.

  1. Ab-Titchaz

    Ab-Titchaz Content Manager Staff Member

    Oct 2, 2009
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    Reforms: US, Ocampo sustain pressure


    Kibaki and Raila on the spot over reforms as Obama breathes fire, Ocampo steps in and Annan returns.

    By Standard Team

    US President Barack Obama is unrelenting; Chief Prosecutor at The Hague Luis Moreno-Campo is ready to make Kenya an example to the world on ending impunity, and mediator Kofi Annan is coming.

    The sustained pressure to cajole President Kibaki and Prime Minister Raila Odinga to get Kenya back on the comprehensive reform track will today be boosted by the 27-country European Union. Canadian High Commission in Nairobi has similarly warned it would not allow anti-reform and corrupt individuals to set foot in their country.

    The intensity of activity in the international arena makes the country look like it is back where it was when violence raged and Kibaki and Raila were being persuaded to share power.
    Dr Annan, who led the mediation talks last year under the auspices of African Union's Panel of Eminent African Personalities, arrives on Sunday for what, in the diplomatic language coached by is office, would be an assessment mission.

    Round of talks

    Annan's office said the chief mediator was looking "forward to holding discussions with the two principals ... as well as the members of the Dialogue Team and other political leaders".

    The statement gave his visit the ring of another round of talks and boardroom ultimatums.

    But it is not Annan alone who wants to meet Kibaki and Raila. On Wednesday, Ocampo too, announced, "further consultations between coalition principals President Kibaki and Prime Minister Raila Odinga and himself would take place in the coming weeks".

    Coming days after the only surviving superpower put Kenya on its radar, and warned of dire action if it gets off the reform track, there is more to the visit than is being said.

    Unfinished business

    The weighty nature of the visit aimed at giving Kibaki and Raila fresh ultimatums and getting them back to the unfinished business was discernible from an outstanding paragraph from Annan's office.
    The series of events are said to be fuelled by renewed fear that, without institutional reforms, 2012 General Elections could be more dangerous to Kenya than 2007 post-poll chaos.

    It said that while in Kenya, Annan would not only meet Kibaki and Raila, "for discussions on progress, especially on Agenda Four items", but will also "exchange views with representatives of civil society, including religious leaders and the business community, and other stakeholders regarding the reform process.''

    It also put on record, in all probability to set the tempo for his visit, that he was last in Kenya, "exactly a year ago when he received, on behalf of the Panel, the final report of the Commission of Inquiry into the Post-Election Violence".

    The fact that Ocampo was in the US last week where he met Obama's Secretary of State Hillary Clinton, who herself came to Kenya in August, and delivered a warning flavoured with diplomatic language, appear to suggest Obama has gone full blast on Kenya.

    All these, together with Ocampo's statement on Wednesday, and news of Annan's visit yesterday, and today' statement by EU and Canada, appeared choreographed, with the message the international community is watching Kenya.

    It was the US, and then under President George W Bush, the UN, EU, African Union and Canada that pushed Kibaki to negotiate as violence raged.

    Today, it is Obama, and the same forces, except the UN, which has not spoken, but has been instrumental in reforms, justice workshops, and IDP resettlement.

    "Kenya will show how to manage past violence, and how to create a peaceful process, for the upcoming elections in 2012. Kenya will be an example to the world," Ocampo said on Wednesday.
    It is notable Annan arrives barely a week after the United States issued 15 letters warning ministers, MPs and Permanent Secretaries that they risked travel bans if they frustrate reforms.

    Obama and the international community have gone full throttle, even after Kibaki accused the US of undermining his authority and breaching protocol.

    Ocampo said he would prosecute those who planned and financed the violence, and leave minor offenders to a local tribunal.

    Kenya is still grappling with attempts to create a tribunal through a Bill sponsored by Imenti Central MP Gitobu Imanyara. The Bill is before Parliament.

    Cited setbacks

    An audit report on the Grand Coalition Government's progress commissioned by the Panel and carried out by South Consulting firm cited some of the setbacks.

    On Agenda Item Four, which seeks to tackle long-term issues, the Panel says the Committee of Experts on Constitutional Review had made positive progress in identifying contentious issues.

    But it says the contest between offices of the President and that of the Prime Minister could further discourage the quest for achieving consensus, with other political parties taking different positions.

    "The public is eagerly awaiting a new constitution and failure to deliver it on time would result in increased disillusionment and feed the growing anger against political leaders," the report released three weeks ago, warned.

    Kibaki and Raila's coalition advisors Kivutha Kibwana and Miguna Miguna have been trading accusations about claims of attempts to influence constitutional review.,%20Ocampo%20sustain%20pressure
  2. Ab-Titchaz

    Ab-Titchaz Content Manager Staff Member

    Oct 2, 2009
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    NAIROBI, Kenya, Oct 2 - The European Union has said that it will collaborate with other international partners to push for reforms in Kenya.

    Without stating the specific actions it will take the EU has expressed concerns that the “Government of Kenya has been unable to establish a credible, independent, constitutionally protected local special tribunal to end the impunity of perpetrators of the post-election violence within the agreed timeframe.”

    Following the lapse of the deadline of establishing a local tribunal, the Union has now challenged the government to fully and effectively continue to cooperate with the International Criminal Court.

    “The European Union calls upon Kenya to urgently adopt measures to end impunity and fight corruption,” their statement said in part.

    The ICC and Kenya had agreed on September 30 as deadline for the establishment of a tribunal. Chief Prosecutor Luis Moreno Ocampo has said he will be stepping in but called for the formation of the tribunal and the use of the Truth Justice and Reconciliation Commission to supplement his work as he would be dealing with key suspects.

    The Diplomats are persistent that Kenya must engage and recommit to a complete implementation of the reforms, as set out under the National Accord and Reconciliation Act.

    Under the National Accord the government committed to carry out far reaching reforms in the Judiciary, Police, Attorney General’s Office. Others are Land and electoral reforms and the elimination of corruption. The coalition government also committed to deal with the perpetrators of political violence and eliminate completely the culture of impunity.

    However the pace of the said reforms has been a bone of contention with development partners, civil society disappointed that the government’s commitment has waned with time.

    The American government has regularly piled pressure on the government to accelerate the pace of reforms. Last week the US dispatched warning letters to 15 Kenyans who it claimed were frustrating the reform agenda.
    “The European Union reiterates its willingness to support the reform process which it considers of critical importance for reconciliation, nation-building, development and prevention of further conflict in Kenya,” ended their statement.
  3. Ab-Titchaz

    Ab-Titchaz Content Manager Staff Member

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    Ushauri wa bure...vigogo husika wanaombwa waelekee mitaa ya simbawanga maana leo hii hapatoshi Kenya!

  4. Ab-Titchaz

    Ab-Titchaz Content Manager Staff Member

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    No escape for post-election violence perpetrators, say legal experts

    By Standard Team

    There is nowhere to run for the architects of last year's post-election mayhem and Kenya's darkest moment.

    Experts say the chaos suspects are basically cornered and there are no legal options open for them.Following the announcement by the International Criminal Court (ICC) that Chief Prosecutor Luis Moreno-Ocampo will swing into action, top perpetrators of the violence are headed to The Hague.

    Yesterday, legal experts who spoke to The Standard said with the failure to set up a local process, the suspects have run out of options.

    "The crimes the said suspects are accused of are international. They can thus not run to a local court to stop the prosecutions at The Hague. Kenya is signatory to the ICC and international law surpasses local constitutional requirements," said LSK vice-chairman James Mwamu.

    International Centre for Policy and Conflict Executive Director Ndung'u Wainaina said their option "is limited to waiting for judicial mechanisms at the ICC or the local tribunal or both to defend themselves".

    Independent investigation

    In a terse statement after the lapse of the September 30 deadline to set up a local tribunal, Mr Moreno-Ocampo indicated he would make Kenya an example of how to end impunity.

    ODM lawyer Julius Kemboy said suspects in the Waki envelope would now wait for investigations to be completed since the ICC Statute controls the process.

    Mr Kemboy said Ocampo, after evaluating the information he has, would initiate independent investigation and if he is satisfied with his findings he will present his evidence to a pre-trial court. "They have no option but wait until they are notified by way of a warrant to begin trial," he said.

    Invite Ocampo

    The court, he noted, may refuse Moreno-Ocampo's evidence and ask him to conduct further investigation.
    And the civil society now want Justice Minister Mutula Kilonzo to make a formal referral of the post-election violence case to the ICC.

    More than 20 civil organisations met in Nairobi under the Centre for Multi-party Democracy (CMD), and called for amendments to the Truth Justice and Justice Commission Act to expand the truth commission's mandate.

    They want the commission to cover the colonial period and cure other legal and constitutional weaknesses.
    CMD Executive Director Njeri Kabeberi said owing to failure to abide to establish a local special tribunal, the minister should now formally invite Ocampo.

    Human rights lawyer Betty Murungi, however, said individuals suspected of fanning the violence are innocent until proven guilty.

    "Let us not speculate on the names in the envelope. Nobody has been indicted. ICC has to investigate. We have sensationalised the contents of the envelope and we may never know what is in it," she said on telephone.
    Ms Murungi said what Ocampo received is mere information from the Waki commission, civil society and religious organisations.

    And Mr Mutula welcomed the prosecutor's three-pronged approaches on the post-election chaos perpetrators. He said he has been in constant touch with Moreno-Ocampo on the way forward and the ICCs' position was informed by the way many Kenyans had lost faith in the setting up of a local process.

    And some Central Kenya MPs welcomed the decision by the ICC to take over prosecution of key suspects of the chaos. Ndaragwa MP Jeremiah Kioni, Njoroge Baiya (Githunguri), Peter Gitau (Mwea) and Clement Wambugu (Mathioya) urged Ocampo to move fast and indict those who bore great responsibility.

    - Reports by Susan Anyangu, Lucianne Limo, Maseme Machuka, Protus Murunga and Francis Ngige
  5. Ab-Titchaz

    Ab-Titchaz Content Manager Staff Member

    Oct 3, 2009
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    kweli Kenya imekabidhiwa na shinikizo ambalo sidhani kama wataepuka.
    Kwanza Obama aliwakanyagia viza ya kuingia marekani vigogo 15. Leo
    hii Uingereza na the larger European Union wamefuata mkondo huohuo
    na tofauti kidogo maana wao wamewakanyagia watu 20.

    Kisha nadhani katika hii wiki inayokuja yule Prosecutor wa ICC anakuja
    Kenya kuendeleza uchunguzi wa chanzo cha fujo la 2008 baada ya kura
    kuibiwa.Washukiwa wakuu ni pamoja na mawaziri serikalini na wakuu wa
    jeshi la polisi. Wadadisi wanasema kua list ya Ocampo na ya Marekani na
    Uingereza huenda zikawa sawa and that is why this push is unfolding at
    the same time.Meanwhile Obama has decided to put Kenya in his crosshairs
    and there is no escaping.Someni hii makala...

    Donors gang up against Kibaki over reforms


    British High Commissioner Rob Macaire said the list of prominent Kenyans banned from the UK had been growing over the past three years.

    By Ben Agina and Mutinda Mwanzia

    Isolated and besieged. That was the mood on Friday after Britain slapped a travel ban on 20 prominent people and the European Union demanded action on impunity.

    It was not immediately clear if the 20 included some of those put on notice by the US last week for stifling reforms, but the British High Commissioner, Rob Macaire, said they included politicians and businesspeople implicated in corruption.

    "That's why we have slapped the travel ban on the personalities implicated in graft. We will soon send those affected letters on the action taken by the UK," said Macaire.

    He added those implicated in post-election violence must face the International Criminal Court (ICC) to ensure justice for the victims.

    "Britain supports any action taken by the ICC in relation to the Kenyan scenario," said Macaire.

    Noose tightens

    Earlier, the European Union, comprising 44 countries, read the Government the riot act. In a terse statement, it said the Government could not establish a "credible, independent, constitutionally protected tribunal to end the impunity by perpetrators of the post-poll violence within the agreed time frame".

    The move caps a bad week for the Grand Coalition Government, which has been fire-fighting crisis after crisis. The President has been on the receiving end of a resurgent Parliament, whose opposition to the reappointment of Aaron Ringera as the director of the Kenya Anti-Corruption Commission led to Ringera's resignation on Wednesday.

    It is also the first time in almost 20 years that the country is under scrutiny on governance. In the early 1990s, donors forced the Kanu regime to open up the political space, ushering in multi-partisym. Since then, Kenya has not faced such sustained pressure witnessed in failed States like Zimbabwe where President Robert Mugabe has been cast as a pariah for autocratic rule.Sanctions by the EU and US led to the collapse of the Zimbabwean economy, with inflation topping record levels and its leaders restricted to travelling to China and Eastern European states for handouts.

    Is Kenya headed there?

    Across the border, Sudan has been in the crosshairs for abuse of human rights, which culminated in ICC indictment of President Omar el-Bashir. It remains to be seen whether Kibaki will capitulate under international pressure. But analysts say, unlike in Zimbabwe and Sudan where the rule of law had collapsed, Kenya only requires political will to effect change.

    Again, the question is why the Executive is reluctant. The EU and US are Kenyans' largest trading and development partners.

    The UK ban comes barely a week after the US put 15 Kenyans - Cabinet ministers, MPs, senior civil servants and businessmen - on notice for frustrating the reform agenda.
    Matters are compounded by the fact leaders are split along party lines over the pressure by donors to fast track judicial, police and governance reforms. Already, the economy is reeling from the effects of acute food, water and power shortages precipitated by prolonged drought.

    Planning Minister Wycliffe Oparanya told The Standard on Saturday the actions being contemplated by the United States, UK, the European Union, and Canada are extreme and could result in further economic slump.

    Panic everywhere

    "As a country we cannot operate in isolation. We are members of the United Nations, World Trade Organisation and regional bodies. We cannot be on the periphery of a community of civilised nations as a result of stalled reforms," said Oparanya.

    PNU vice-chairman George Nyamweya said the Americans and Europeans were not being helpful to the reform agenda by issuing threats.

    "It is despicable blackmail. Why don't they simply do what they intend to do, blacklist people they don't like, and turn them away when they show up in European capitals?" he asked.

    In Naivasha, Deputy Prime Minister and Minister for Local Government Musalia Mudavadi said the Cabinet would meet next Thursday to decide the fate of perpetrators of post-election violence before ICC prosecutor Moreno Ocampo moves in. The Government failed to meet the September 30 deadline set by Ocampo in June.

    "The Cabinet shall meet next week and we shall be in a better position to tell the country the next step," he said. Mudavadi dismissed claims by Justice Minister Mutula Kilonzo that the Cabinet had agreed to hand over key suspects to ICC.

    Former Permanent Representative to the United Nations, Ambassador Ochieng' Adala, said the economic implications are serious.

    "The wheels of State move at a snail's speed. If we had embarked on Agenda Four, the pressure would not have been there. What development partners are doing is sending a wake-up call to leaders to move with speed to address recurrent political violence and impunity," said Adala. (See story below)

    EU's spotlight comes at a time the Cabinet is divided over how the suspects should be tried. President Kibaki and Prime Minister Raila Odinga's attempts to rally the Cabinet to support a local tribunal have failed.
    The matter has divided the Cabinet into three groups. One lot wants a special tribunal that meets ICC standards, which includes stripping the President of immunity against prosecution.

    Another roots for the suspects to be tried at The Hague. The third is pushing for the Truth, Justice and Reconciliation Commission to handle the suspects.
    But the EU reiterated its position of July 27, and urged political leaders to engage in and recommit to implementation of the reforms as set out under the National Accord and Reconciliation Act 2008, mediated by the African Union Panel of Eminent Personalities under Kofi Annan.

    Annan is expected in Nairobi tomorrow to review progress on implementation of the Accord, while Ocampo could jet in anytime.

    Last Saturday, Kibaki wrote to President Obama expressing displeasure at the travel ban threat.

    - Additional reporting by Anthony Gitonga
  6. Ab-Titchaz

    Ab-Titchaz Content Manager Staff Member

    Oct 3, 2009
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  7. s

    shabanimzungu Senior Member

    Oct 3, 2009
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    Kenya is no more the darling of the west! Tanzanaia is under our illustrous jk..the puppet of usa................
    Wait till we see kenya turn into the west.they do not need them anymore so saddam hussein syndrome..............