"Kenya Decision 2013: The Kenyan Diaspora and the March Elections"
The United Nations Special Advisor on the Prevention of Genocide Adama Dieng expressed fear over rising inter-ethnic tension that is rapidly building up with the recent clashes in Tana-River and Samburu in the run up to March 4th 2013.
These with other recent popularly notable cases where Lawyers warn of rising ethnic conflicts and where, Mr. Kimemia who is head of Public Service and Secretary to the Cabinet notably, the Head of Provincial administration; with other Top senior Government Officials in the Police, are seen to have secret meetings and have been accused lately (from many different quarters) to be meddling in political campaigns in favor of Mr. Uhuru. It has been said openly with evidence that top Kikuyu senior civil servants are engaging in active politics with allegations that some top government officials were plotting to rig elections in favor of Jubilee alliance. Although Government Spokesperson Muthui Kariuki, presumably speaking for Chief of Kenya Defence Forces General Julius Karangi, the Director of the National Intelligence Service, Maj Gen Michael Gichangi and the Head of Public Service Francis Kimemia have denied those allegations that they are "reckless, irresponsible and immature". But evidence on the ground have proved that Police harassments, careless shootings with constant intimidations have raised anxiety and many fear the repeat of 2007/8 is not far from a reality.
Diaspora's Lock-out to Vote and also from participating fully in the process of Electioneering is unacceptable and is not right. It is construed as part of rigging, it is unconstitutional and is against the Law:
The Diaspora Engagement lock-out from voting is illegal and unconstitutional. This is because the Diaspora's participation, more particularly from USA led by me with my husband with Mr. Dickens Odhiambo, Kenyan Diaspora, friends and sympathizers, played a very crucial role which caused former President Bush to change his mind and rescind his initial endorsement that Kibaki won the election, {this was confirmed to us by former US Ambassador Michael E. Ranneberger upon our consultative Diplomacy meeting at the State Department during his visitation to the USA} and thereby former President Bush urgently sent the then US State Secretary Condoleeza Rice to Kenya whose expedition presented formation of Kofi Annan with African Eminent leaders team to step in and coordinate safe and successful transition for Referendum mandate for Reform Change and eventually crafted the Coalition Government in 50/50 sharing between the two Principals that is, to be headed by Kibaki and Raila's team, without which, peaceful formation of the Coalition Government would not have been made possible; which is why, Diaspora's inclusion in the Constitution to engage and participate fully in electioneering process and vote is very crucial and it is a constitutional right that must not be scuttled. Without the USA Diaspora the successful indulgence to find solution for intervention to restore calm and order from the deadly stolen election of 2007/8 could not have been realized. We feel part and parcel for the election process in Kenya and it is a rightly request that March 4th election should not go on without proper logistics put in place to include the Diaspora votes. To exclude the Diaspora's for whatever reason, is against the law and is unacceptable. This simply justifies that the March 3rd election is illegal, flawed and unconstitutional. If Professor Sam Ongeri's thousands of millions dollars in embezzlement corruption Saga of Primary Free Education funds were sneakily paid back in settlement to the UK claims, how would it be so difficult to finance Diaspora voting which is a constitutional right? The events that led to Diaspora's exclusion confirms that March 4th election was strategy for Kibaki and Team to stage organized rigging in advance and this is totally unacceptable.
In support of a free, fair, peaceful and credible elections in Kenya, March 4th 2013 should be deferred to a later date so that Diaspora's rights to vote is fully legitimized including policy requirement for background check and clearance in certification for Integrity threashold examination is applied accordingly.
The Constitution is Flawed with Sneaky irregular Clauses that were inserted by the Politicians to serve Special Interest away from Public Mandate:
These are some of the Integrity threshold examination test that needed to have been ironed out and clarity made by the Interim Transitional Caretaker Committee headed by Chief Justice Willy Mutunga as its sitting Chair to ascertain objectivity compliance with other legal comparability as well as compatibility to Reform Accord Agenda as was made in Chapter Six of the Reform Constitutional legitimate mandate and requirements to its legal standing authenticity for Responsibility and Integrity threshold, before election could go on. This is because, the Constitution has Sneaky Dangerous Clauses that need to be perused and fixed to ascertain eligibility compliance according to People's Mandate before election could take place.
Dangerous and Sneaky irregular Clauses that were inserted in the Constitution by the corrupt Politicians should not be left sticking in conflict with the Mandated Constitution as this will cause more problems, they should be corrected before the election. The behavior that led to the disorganizing of the mandated Reform Accord Agreement is unjust and is unacceptable. All good people must condemn this behavior since, cheating with an aim to defraud public mandate with a purposeful aim is a serious crime that should be punished in the Court of Law for justice to be seen to have been done so that this kind of behavior is not repeated and because, no one has a right to take the law in their own hands.
The Corrupt Presidents' Vacating their Comfort Zones are prone to Creating Buffer for Cushion which later Haunt them:
It has been observed that, corrupt outgoing Presidents leaving after the end of their term of Office, in most cases, would make outrageous appointments to secure both their immediate and future interests. It is because of fear of unknown when they have to leave their comfort zones being authority. This was clearly noted where in a show-case, President Kibaki unscrupulously used the current loopholes in the Judicial Service Commission, inclusively he did the same with the Electoral Commission, where he rushed to fill the vacancies in the High Court as well as the Court of Appeal, with his friends?
It must be noted that Public Opinion is fundamentally important for the success of any Democratic Society. It helps to shape way forward for progressive development agenda where Mutual interest for common good of all is inclusively put under proper consideration perspectives which come from consultations through responsible dialogue.
The fact remain that the Reform Accord Agenda was therefore not complied according to Oath of Office by the Coalition Government headed by the two Principals that is, Kibaki and Raila. In which case, the Coalition Leadership did not uphold their Oath of Office according to mandate. The New constitution has been made toothless and inactive with inclusions of sneaky clauses that are better protecting special business interest rather than those of public mandate and it is the reason why there are extreme insecurity in the Country with mushrooming of explosive corruption with extreme poverty eating away fundamental fabric of the society. In the absence of proper Legislative Bills for Land Reform, Devolution Reform Bill, The Finance Reform Bill, The Police Reform Bill and the Civil Society Bill which are the core value for the Reform Accord Agenda, little has been achieved in the Kibaki's Regime. Kibaki is therefore leaving Kenya Government dysfunctional with the excesses and failures of why Kenya disintegrated to Civil Clashes of 2007/8 with an exception of the Supreme Court under Chief Justice Willy Mutunga who was nominated according to the Reform Accord.
Although the Judicial under Chief Justice Willy Mutunga was formed according to the Reform Accord Agenda, there are evidence that the Legislature with the Executives continuously intimidated and manipulated Judicial operations sending fears in the Judicial leadership from acting independently as it should, for which it has failed to assert its independence as a result.
The Registrar Ms Lucy Ndungu Refused to Reveal Public Information What Presidential Candidates Signed as Poll Pacts:
The Registrar have refused to reveal what's in poll pacts, and International Centre for Policy and Conflict (ICPC) accused the registrar, Ms Lucy Ndungu, of trying to deny the electorate the right to access the contents of the agreements made by Politicians as they are public information and that they carry huge implications in the future of the electorate and the destiny of our country. Withholding such critical information from people is therefore unconstitutional, Mr Wainaina said. This came as a surprise when Presidential aspirants Prime Minister Raila Odinga, his two deputies Musalia Mudavadi and Uhuru Kenyatta, Vice-President Kalonzo Musyoka and URP leader William Ruto have signed various election pacts in which they spelt out how they would share power should they win the coming elections.
These secretive engagements are raising fear that Reform Change will not be carried forward after March 3rd 2013 and that these are reason why the Integrity Examination Test was scuttled and skipped, yet Integrity threshold is our middle ground to achieve the Reform Change with justified legal jurisdiction Reform that has begun to take good shape in the leadership of by Willy Mutunga and it is the reason we have laid our lives on line in the struggle for Reform all these years.
The recent shooting of Mr. Ahmed Issack Hassan who is the chairman of the Independent Electoral and Boundaries Commission by the Police is another reason to fear that intimidation scare tactics is in place and is being applied to shape election in a certain fashion.
The Actuals of Election Fear Factors with Terrorism, Intimidation and Manipulations as has been noted, does not provide for Free and Fair Electioneering.
Kenya's Political Conflict of Interest: In Kenya, potential conflict of interest jeopardized completion of the core value of the constitution in Devolution Bill, Finance Bill, Police Reform Bill and Land Bill debate. The TRJC to-date is incomplete, the parliamentary Public Accounts Committee (PAC) report on the Anglo Leasing scandal that has not been debated but left on the shelve as it touches on collaborators of Special Business Interest.
It was confirmed by a section of MPs who expressed concern that the report may not be prioritized for debate in Parliament given the leadership and composition of the House Business Committee (HBC)…….Truely by the MPs observation, it has been skipped and has been shelved.
The Constitution curbs the president's powers, beefs up civil liberties, reforms land ownership laws and gives regions more control over their affairs …….. It is for the purpose to reduce ethnic tensions, civil wars and shield east Africa's biggest economy from a repeat of violence that followed Kenya's presidential election in late 2007. The violence, which broke out early in 2008, killed around 1,300 people and forced some 300,000 to flee their homes.
In recent times, there are constant display of politically organized violence. Political coalitions on both sides hired thugs to do their bidding and local terrorism stealing from the locals, and ordinary Kenyans are caught in the cross fire quagmires, and these are unacceptable.
Why Treasury Must be censured and Audited Before Election takes place as Part of Integrity Examination Test:
There are lots of complaint going on in mismanagement and embezzlement of public funds. There are complaints that the Public Finance Ministry if run as Private and Family Business and the person responsible is Uhuru who insisted and pressurized for his family member be the Finance Minister Mr. Njeru Githae to take the post. No one knows how the Budget and Expenditures are done and everything about the Treasury is out of bound for the public. No one knows what is going on there.
Finance Ministry is holding public tax-payer at Ransom. No funds have been disbursed to the Counties. Public Finances are dished out as per family control interest. No investigations or report has been made and how can people go to election when funds are hoarded by one family without checks and balances in Accountability or be made transparent for public scrutiny.....???
Education Minister Mutula Kilonzo has threatened to request President Kibaki to convene a special Cabinet meeting to have Finance Minister Njeru Githae explain why the Treasury has not released Sh9.8 billion for free day secondary education despite numerous requests.
Rigging Allegations are Alarming and they Must Not be taken Lightly: Head of Civil Service Francis Kimemia as Chair of Government Tean on Transition with unvetted team to propose lean cabinet and calling on Presidential candidates for briefing on the proposed New Government Structure that should be adopted by the winner of March 4th election explain that the Reform Change Agreement for Transition was not adopted well before election and that the old constitution is what is in play……yet Raila with other Presidential candidates have not complained or said anything about it……..This plan is flawed…….The Reform Change Agreement require that the Chief Justice of the Supreme Court be the Chair of the Transitional Caretaker Committee……and therefore what is in play we fear is a stage-managed plan set to rig elections of 4th March 2013 which is why March 4th election must be difered.
Claims of Rigging: Restore and Build Kenya (RBK) party has waded into the election rigging claims accusing government spokesman Muthui Kariuki of being partisan.
In a statement, RBK presidential running mate Winnie Kaburu accused Mr Kariuki of dividing the country by his response to claims made of rigging the elections.
"As RBK, we have had concerns about manipulation of the electoral playing field to make certain candidates "preferred candidates".
"But when the government spokesman takes serious allegations casually, the country is left divided, insecure and confused just two weeks to the General Election," she said.
On Sunday, Mr Kariuki termed Cord's allegations that some top government officials were plotting to rig elections in favour of Jubilee alliance as "reckless, irresponsible and immature" and based on a familiar plot.
On Sunday, Mr Kariuki termed Cord's allegations that some top government officials were plotting to rig elections in favour of Jubilee alliance as "reckless, irresponsible and immature" and based on a familiar plot.
"The allegations by Cord are part of a political strategy by the Alliance to reject the elections should the outcome not favour them," he told reporters.
On Saturday, Prime Minister Raila Odinga's Chief Campaign Manager Eliud Owalo alleged top government officials including the military were engaging in activities to support Jubilee and its presidential candidate Uhuru Kenyatta.
"But when the government spokesman goes on national TV to counter claims of rigging, we are forced to revisit Raila's allegation on vote rigging."
RBK questioned whether Mr Kariuki had morphed from a government spokesman to that of Jubilee and criticised the government for failing to take charge of the situation by acting as though it were a 'caretaker' government.
"Is this not to endorse Uhuru and Ruto in this presidential race? Is this not to say that the government is working for certain candidates? Is the Government spokesman holding brief for the Jubilee candidates?"
When contacted, Mr Kariuki told the Nation he is a government spokesman, the one Mr Kenyatta "used to serve before he discovered he could make CEO of this country"
If Eric Mutua Chairman of LSK with some Lawyers called for the prosecution of groups fanning ethnic tension ahead of the March 4 elections. What do they have to say on flawed electoral process with pre-emptive blown comments seen as manipulative interferences by the government spokesman Muthui Kariuki, what shall voters say and how should the law handle such like cases when people's will is not honored……???
For the Kenya we all know, what precedence shall become of head of Public Service and Secretary to the Cabinet, if Francis Kimemia is engaging in active politics? Whose interest is Kimemia serving if it is not that of Kibaki? Under which Reform strategy or policy was the Interim Caretaker Committee formed? Who vetted or cleared Kimemia???
Unlike previous occupants of the seat where Kimemia took over, Kimemia has increasingly become vocal, comanding and more visible in all Government operations. This arrangement is perceived as an advance plan to rig election and it is therefore flawed as it is seen as a pre-planned strategy for rigging the election of March 3rd 2013 which cannot be allowed to take place…….which is why March 3rd 2013 election must be temporarily halted and differed to a later date in order to fix the anomalies.
Kimemia has been carefully noticeable participating in the controversial appointment of County Commissioners, interference at the National Hospital Insurance Fund, to failing to gazette Members of the National Lands Commission despite a ruling by the Judge, and lately, asking Western diplomats to explain what they mean by "consequences" if International Criminal Court suspects are elected president in the March 4 elections.
Assistant minister for Defence David Musila, who is eyeing the Kitui County gubernatorial position, has now written to IEBC complaining of interference of election process by the Provincial Administration in his county.
Speaking to The Standard On Sunday on the telephone on Saturday Mr Musila said recently Kitui DC summoned all chiefs, assistant chiefs, and village elders to a meeting whose agenda they were not informed beforehand. According to Musila, the chiefs were shocked to find his rivals at the meeting.
"The chiefs were informed that they must make sure CORD rivals in Kitui win the elections if they are to get favours from Government," he said. But on Saturday, Mr Kimemia termed as falsehood Musila's claims.
"Musila should give proof. I don't deal with or summon chiefs or DCs or even PCs. The chain of command is explicit," said Kimemia in a text message.
The Law Society of Kenya (LSK) chairman Eric Mutua said the increased cases of ethnic conflicts were worrying and asked security organs to restore peace.
From MK Ndeo Mr Kariuki, the best you could have done was to deny any knowledge of any rigging plot , then ask for evidence which you would then discredit. To come out the way you did, to disparagingly respond to concerns of rigging is very disheartening. Remember our history of denying claims which later turn out to be the Truth and later became permanent record in show-case repetition of the Historical Injustices in such like matters of Land Grabbing, Mismanagement and the Embezzlement of Public Funds including the Government engagement clandestinely associating with dangerous gangsters of such mercenaries of the likes of Armenian Artur Brothers and City Hoppers midnight runs on the eve of last general election, the matter of which remained closed door private and confidential and has never been disputed or the report of the same made public.
Casualties of judiciary reforms in the Kibaki political Engineering: Kenya's top judges fail vetting and later the Four sacked judges fought hard appealed ruling and kept their jobs after failing the vetting test. The same judges will protect interests of the outgoing president Kibaki and Kenyans will brave for a tag of war to put things right before the next Government.
Casualties from Crime Against Human Rights, Abuse and Violation that affect People's Dignity, Livelihood and Survival where it has been observed that, over 40 Police were brutally killed and bodies left to rot. Extrajudicial killings of innocent people from Tana River, Isiolo, Madera, Garisa, Turkana, Rift Valley, The Greater Nyanza, Migori and Siaya District; Trans Nzoia, fisher men from Lake Victoria and the Migingo island; Thuggery from Organized gangs; land grabbing by force with other sneaky illegal maneuvers from evicting people off their land and destroying hopes to their livelihood and survival; the destruction and pollution of the environment; push to excessive poverty with destruction of social fabric to responsible livelihood and survival has become a sore in everyone's mind except those connected in the corrupt deals of the selfish and greedy leaders.
The Constitution: The Constitution is the supreme law of this country. It is the will of the people, the mandate they give to direct the manner in which they ought to be governed.
Reference to Show-Cases of Political Engineered Misconducts:
Quote: "The country is coming from a background of greed and financial misappropriation. Public money has in the past not always been applied in its intended purpose of the development of a country and it is for this reason that principles of public finance were included in the Constitution," said judge Korir.
He noted that it would be absurd for the lawmakers to neglect paying taxes as it was seen as a violation of the law.
Show-cases of repetitive Problems with Insecurity that the Local Communities undergo in Kenya resulting from Corrupt Governance:
Over 200 heavily armed bandits made away with hundreds of sheep and goats on the eve of Christmas in 2012
In Samburu, Kenya: Barely a month after bandits killed 42 police officers in Samburu, more than 200 heavily armed cattle rustlers have invaded and attacked Waso Ronkai village and fled with hundreds of sheep and goats.
The incident in Samburu North occurred at 11pm when the residents were preparing to usher in Christmas Day.
Three families were attacked in the incident.
The more than 700 police officers currently stationed in Samburu North did not stop the raid despite receiving a report as the raiders fled with the livestock.
"The residents of Samburu North have strongly complained to the Government over persistent attacks and raids by bandits at Masikita and Kawap in Samburu North and the stealing of camels, cattle, sheep and goats from the area," said Lenkai Parsulai, a resident.
Fourty two guns were stolen from the police officers killed in Suguta valley in Baragoi and it is suspected they are now being used in the increased roadside robberies targeting those travelling for the Christmas holidays from Baragoi to Maralal.
Tension increased last week after bandits from Baragoi attacked Allamano village and police also recovered a mobile phone belonging to one of the police officers killed in Suguta valley in Maralal town.
In matters of the Land, the Constitution of Kenya, 2010 and Sessional Paper No.3 of 2009 on the National Land Policy (NLP) provide for a new classification of land to be known as "Community Land".
Under the Constitution, Community lands are to vest in and be held by communities that are identified on the basis of ethnicity, culture or similar community of interest. The Constitution further directs Parliament to enact legislation to give effect to the creation of community land.
On the other hand, evictions have, for decades, taken place in Kenya, especially in informal settlements in contravention of international human rights standards. Mass evictions have usually involved Government Projects or private developers claiming ownership of land on which some of the settlements stand. Sessional Paper No.3 of 2009 on the National Land Policy requires the Government to establish an appropriate framework for evictions, based on internationally acceptable guidelines. We have tangible list of Land Grabbers who must face the law before they are engaged in Public Office, threshold of the same in Responsibility and integrity must take prominence and we cannot be hoodwinked with fake commissions to cover their evils……
Jacob Omolo wrote his Labour Market and Policy Interventions paper in 1978, the unemployment rate in Kenya then stood at 6.7 per cent. Twenty years later in 1998, the figure had risen to 25.1 per cent.
James Kariuki, a sociology lecturer at the University of Nairobi, says unemployment is viewed as a sign of failure by our, society and the society rejects those that cannot meet the expectations put on them.
Youth unemployment is "a time bomb that calls for urgent action" Prime Minister's Office flawed in Youth Project Funds, we demand Responsibility with Integrity over Youth Project Fund and that Raila to face threshold of the same in the Supreme Court of Law before he can vie for any other public office including any other claims pending of integrity with vision 2030 as well as Sykamau evictions including other case-scenarios must not pass threshold of Supreme Court justice. Unemployment disrupts life and leaves it's victims basking in disgrace. After a long period of unemployment with being driven into displacements are reasons for mental frustrations and illness makes individuals of circumstances to succumbs into deterioration of sociological and psychological conditions that causes victims to loose their dignity and pride and eventually makes them vulnerable to criminal and other unacceptable lifestyle. These are victims of forced conditional circumstances by the corrupt that must face threshold of integrity before any of such corrupt characters are accepted back into public office.
IEBC is wrong to shelve vetting and illicityly and unconstitutionally delivered Certificates to candidates. The group (ICPC) warns…….The International Centre for Policy and Conflict (ICPC) has now written to the electoral commission to protest against plans to shelve vetting of candidates.
ICPC in its letter dated January 11 to the Independent Electoral and Boundaries Commission (IEBC) wants to ensure full compliance with leadership and integrity conditions set in the Constitution. This was not followed.
ICPC Executive Director Ndung'u Wainaina said the Constitution gives the commission the sole mandate on all matters touching on conduct, control and supervision of elections. Already some IEBC computers have been taken by unknown people who walked into IEBC offices and took away the computers expected to be used for rigging.
The Requirement of Criminal records needed to determine and ascertain Integrity of persons vying for Public Offices:
IEBC concerns that were raised:
IEBC have been accused of overlooking misconduct.
• They say IEBC has been helping in defilement of the Constitution by failing to stamp their authority and bring sanity in the electoral process
• Led by lawyer Harun Ndubi (right), they said commisssion has continued to disregard parametres and principles set out in the Constitution
• They have also ignored several reports regarding the conduct of some political aspirants.
In September 2012, ICPC had petitioned the court to compel IEBC to make candidates' history and criminal records (if any) accessible to the public for informed decision-making.
"Your office opposed our intention by arguing that our petition was speculative, as you have not failed to develop a detailed code of conduct that is Chapter Six compliant," Ndung'u's letter to IEBC boss Isaack Hassan reads in part.
The High Court, in the Mumo Matemu case, was quite unequivocal that any person who has pending integrity issues is not fit to hold public office and according to the civil society group, IEBC should read from it in setting the mechanisms to vet aspirants.
"To our mind, therefore, a person is said to lack integrity when there are serious unresolved questions about his honesty, financial probity, scrupulousness, fairness, and reputation, soundness of his moral judgment or his commitment to the national values enumerated in the Constitution."
The letter added: "In our view, for purposes of the integrity test in our Constitution, there is no requirement that the behaviour, attribute or conduct in question has to rise to the threshold of criminality. It therefore follows that the fact that a person has not been convicted of a criminal offence is not dispositive of the inquiry whether they lack integrity or not."
The Independent Electoral and Boundaries Commission (IEBC) has been advised to bar candidates with questionable integrity and character from contesting in the General Election.
A section of the civil society members under the banner of Kenya for Peace with Truth and Justice said IEBC has been helping in defilement of the Constitution by failing to stamp their authority and bring sanity in the electoral process.
Led by lawyer Harun Ndubi, the group accused the IEBC of condoning electoral malpractices, which they are supposed to enforce.
"The Elections and the Electoral Offences Act clearly states their mandate and how they are supposed to conduct the elections. Extending the deadline for submission of the party list is by itself rigging, which is an offence under the Act," said Ndubi……and is therefore unconstitutional.
The group said IEBC has continued to disregard parametres and principles set out in the Constitution and other relevant legislation through practices such as party hopping and accused them of ignoring several reports, which had been presented to it for review concerning the conduct of some political aspirants.
Speaking during a Press briefing at a Nairobi hotel yesterday, the group lashed out at the electoral body and the Registrar of Political Parties for failing to rein in errant political parties. They took issue with the parties for conducting their nominations using the IEBC voter registrations book instead of the political party's registrar, citing that the move was against the Political Parties Act.
Expressing Reasonable doubt: The ICPC boss argued that the same standards of integrity were reiterated by the judicial tribunal that investigated the conduct of the former deputy Chief Justice, who was removed from office for misconduct.
"This decision of the tribunal conclusively shows that the standard of proof in ethics and integrity for public office holders is neither that of the criminal law, that is beyond reasonable doubt nor that in civil cases, which is on a balance of probability," he said.
In September, the petitioners through their lawyer Ambrose Weda amended the case to include the names of Raila, Mudavadi, and Kalonzo. They raised questions about their suitability for public office over varying allegations ranging from abuse of office, nepotism and corruption, among others claims.
The amendment was rejected by the High Court prompting the petitioners to withdraw the case late last year.
The Public Corruption, Ethics and Governance Watch lobby group and activist Charles Mwangi sought to bar Mr Odinga, Mr Musyoka and Mr Mudavadi from seeking public office on claims that their candidature contravened Chapter Six of the Constitution on leadership and integrity. According to the groups, a leader is contemplated to be someone who carries dignity, legitimacy and has the people's trust and confidence and that electing any person committed to trial would bring dishonour to the office and seriously affect the person's ability to discharge his duties. Unfortunately IEBC have issued Mr. Odinga, Musyoka and Mudavadi certificate to contest and this must be contested at the Supreme Courts. It is why Raila, Kalonzo, Mudavadi is not yet out of integrity suit.
Case of Flawed nominations: Ndubi also said it is the IEBC that should stop candidates with leadership flaws and integrity issues from contesting the various political seats.
He said the Commission of Administrative Justice had given a damning report of some 24 candidates including TNA's Mike Mbuvi vying for senatorial position in Nairobi County and also former Embakasi MP Ferdinand Waititu who got the nod to contest the Nairobi gubernatorial seat, to be stopped from contesting.
The group also wants the parties that conducted flawed nominations to be punished by Law for allowing their supporters to cause violence.
The Political Parties Act states: A political party shall not engage in or encourage violence by its members or supporters.
"The institution charged with the regulation of political affairs has displayed a disturbing reluctance to enforce their respective mandate. IEBC has repeatedly shifted timelines for the submission of nomination lists," said Ndubi.
They threatened to use all the means including filing petitions at the High Court to stop such candidates from contesting…..This must now be filed to Supreme Court of Justice under Peoples Power Claims…….
Planning expert Patrick Adhola said a governor of a city like Nairobi is like a president in waiting and needs to understand urban economy. Candidates integrity that have been issued with certificates are still questionable, how can people elect candidates of questionable circumstances…… do we trust these candidates with national economy whose understanding to gubernatorial position is unknown, but is expected to understand the Urban Area and Cities Act as clear as crystal, and provide manifesto details of plan of action showing public "How To" he/she expects to engage in County Development proving they know and understand how urban finance works ???........ "The candidates should give reasons why we should trust them with our future," Mr Adhola said.
The director for Centre for Urban Planning and Innovations in University of Nairobi Prof Peter Ngao said research on urban poor in Kenya indicated that urban poor spaces have highly educated people but live in worst human conditions.
Prof Ngao said gubernatorial candidates should tell Kenyans there agenda for informal settlements. He regretted that there is growing polarization with ethnic clashes being witnessed in some slums, a thing that would spoil the cities development.
Prof Omenya called for planned housing for urban poor saying highly unequal societies were also the most insecure.
Corruption: Corruption in Kenya is Explosive and it is dangerously out of Control, Without Integrity Examination Test to ascertain Responsibility Commitment of Public Servants through Checks and Balances on all those vying for Public Offices, Corruption, Graft with Impunity including land grabbing will remain a painful sore and serious problem in Kenya:
Corruption in Kenya spans from the era of Jomo Kenyatta to that of Daniel arap Moi's KANU government then preceded to Mwai Kibaki's PNU. Corruption scandals became rampant and it begun to rear its ugly head in Kenya through constant Land Grabbing (which has now turned explosive) by the Politically-correct networking where the Asian Business Community started showing a lot of interest being rewarded with public land for their generous financial donations they give to politicians for their campaign expenses and this is bribery.
The price of basic food and fuel with electricity, rent and transport bills have become too expensive that common citizens cannot afford anymore. Water supply has become a rare commodity in the Urban dwellings and the Living standards have drastically dropped. Poverty situations and joblessness has gone from bad to worse with nothing promising.
According to the 10th Parliamentarians, there is a grand corruption in the two corporations given the duty of regulating fuel prices in the Country. The two are the National Oil Corporation of Kenya NOCK with the Energy Regulatory Commission who engaged the "Cartel of oil marketers" who are exorbitantly robbing taxpayer money mercilessly and they are the reason of skyrocketing rising of consumer commodities costs.
The Center for Corruption with other Injustices is facilitated by Politicians is in the Civil Service Administration Unit:
This is why the Government system is not functioning to do public mandate, it collapsed a long time ago and is fully engaged with matters of Corporate Special Business Interest.
This is why, there are no jobs for the small and the marginalized tribes except for the politically correct, which is why many people think that the Government of Kenya and Kenya per se is owned by a Tribal group of Kibaki. The way Kibaki engineered Way Forward for Kenya and the control in the Government Administration, you very well cannot doubt the speculation. As can be clearly seen in the Kibaki Government, the Finance Ministry, The Transport Ministry and The Energy, Natural Resources Ministry, The Head of Permanent Secretary in the Public Civil Service Administration including the Kenya Police are all occupied by one ethnic Tribal group of Kikuyu from Top to Bottom with majority of top personnel headed by Kibaki's tribesmen which is the Kikuyu Community and this can be proved to be true.
Corruption Scandals are Made in the Corridors of the Public Offices by Government Administration Officials:
Between 1986 and 1991 the construction of Turkwel Hydroelectric Power Station was riddled with claims of corruption. The Dam was eventually built at three times the estimated cost, two times over the original allocated amount and producing energy significantly below capacity.
During 1990 to 1999 Kenya witnessed the longest longest corruption in Goldenberg scandal. The Gold was smuggled from Congo but it costed Kenya 10% of the Country's annual GDP in losses.
Late February 2006 it was reported that Kibaki and Musyoka had been holding secret meetings and Kibaki Government was found in shady dealings with Armenian Businessmen who were caught wearing mask and carrying AK47 raiding multiple editorial offices at the Standard Newspaper.
Corruption scandals should not go unpunished and most of the corruption with impunity scandal perpetrators suspects have been irregularly cleared from any wrong doing and are awarded certificate to vie for public offices against the mandated Reform policy of chapter six of the Reform Constitution. This is unacceptable practice.
The Interim Transitional caretaker Team is mandated with justifying and realigning the authenticity for Reform mandate of taking care of such instances as required by Reform Accord policy that commissioned for Integrity threshold, which is already scuttled and flawed and is not in compliance as is required. This is another reason why election will not be legitimate, free and fair and the present situation is spelling doom.
Engaging in Free Business Trading without Proper Planned Policy for Partnership is instituted: Trading in a Free Business Trading without bordering regulation in actual sense is robbing and infringing the public off from Revenues, Wealth and Resources and is unfair way to balance the economy. In reality it is a way to bankrupt the Country's economy to favor the rich who avoid paying their fair share in Taxes that supplement Revenues for Government Budgeting. It is a wrong notion to think that Business can provides a trickle down for people's livelihood and survival without a Government. If this is allowed to continue, then the unscrupulous business community takes advantage to create private organized security that they expect to protect their Special Interest but which eventually turn to become a terror gang when it gets out of control from growing interests superseding those who engage them and forcing them to break away from the business control to become independent. This Private Security in time grow in size and interest, proceed to connect with other international organized security companies with mercenaries, organized terror rebel groups and finally joins with drug and money exchange laundering with traffickers and pirates.
The ICC Hague Mandate: The Ocampo Six received an overwhelming support from Kenya and all over the world for justice to be seen to be done until recently when people begun to be terrorized and threatened clandestinely.
The core of corruption and impunity wholly rests on Land Grabbing, which need an urgent resolution and fixture. It will get worse if the elections go on in March 4th 2013 now that Chief Justice Mutunga is now receiving threats and fears for his life. The number one suspect is Head of Civil Service who recently ordered Chief Justice Willy Mutunga to be stopped from travelling because Mutunga did not have clearance from him. The same Kimemia is seen to have hijacked the Interim Transitional Caretaking docket to be headed by self instead of Chief Justice Willy Mutunga who is the rightful person mandated by the Constitutional Reform Accord to coordinate and commission the Interim Transition Team after Coalition Government is dissolved and the 10th Parliament is closed. In which case, if there are claims that Kibaki had prior knowledge to rig the election using Kimemia with other Heads of the Civil Service Administration, this is not far from the truth.
The Kibaki factor proves that business as usual is in the corridors of Government Civil Service Administration and corruption that led to 2007/8 is a factor that ICC Hague is the only independent organ that can provide freely the legal justice we all want without fear or intimidation.
Lesson Leaned: The election gone wrong in 2007/8 taught us a big lesson and we are not about to take any political chances or situation that will challenge and destroy our Reform gains. We must stand for our rights and Embracing Common Law advocacy for Human Rights with Chief Justice Willy Mutunga heading the Interim Transitioning Team in the electioneering processes and as a result, will help Transform our Legislative policies mandate requirement for Reform Change we have struggled for this far.
There is a sense of urgency to put Leaders to task and they must account for Mandated Responsibilities through Integrity examination test which they swore to uphold; and in checks and balances, we must determine background check of those who show interest in Public Office participation and that they must be cleared from corruption before they can be given certification of good conduct. We all must commit to repair damages of past injustices that spurred heavy casualties from human loses through Land Grabbing, politically instigated poverty and hunger, poor health with environmental pollution and joblessness as well as taking serious consideration to prioritize good plan to improve Environmental pollution to better livelihood and survival.
What is True about Hight Stakes:
a) Kenya must go through a free and fair electioneering for which US President Obama is concerned that Reform Change must bear fruits of a success story and bury corruption, impunity with Land Grabbing.
b) that the Corrupt and Land Grabbers must face legal justice squarely and that Kenyans must wake up against influences of dictatorship and take this moment of Reform Change to free themselves from the bondage of corruption, impunity and graft and from intimidation and fear by electing people of their choice and that the Will of the People must be respected, honored and guaranteed…….where the corrupt with serious political responsibilities of integrity to face CONSEQUENCES of Legal Justice
c) Without Integrity threshold, election of March 4th 2013 will not be legitimate as it shall not be free and fair…….therefore, it shall be Null and Void……
d) If the will and choices of people is not freely respected, honored or guaranteed…….it will follow with Consequences and things will not be business as usual…….Consequences of which justification of Legal Suits must follow to free people from the Bondage of Oppressive, Intimidation and Dictatorial corrupt Rulership.
e) that a proper Independent Interim of Transitional Caretaker Committee headed by Chief Justice Willy Mutunga must involve setting up of a justified credible Team from local County Community and the Diaspora be set up for a popular vetting approval and recommendations to pursue process as mandated in the Reform Accord Agreement of Chapter 6 so to perform a reliable transfers of integrity examination for checks and balances to ascertain Transparency and Accountability that is in compliance towards the acceptable process of peaceful transitioning to a New Government. Without this, the elections shall be illegitimate Null and Void; and the election results shall definitely have consequences of serious legal justification that Kenyans must beware……..
Corruption, Graft & Impunity including Land Grabbing are conspiracies that come from frustrating processes of achieving Reform Change in ways and means and the same engage in intimidation and fear factor for scare tactics from the dictatorship network of the corrupt to steal and defraud taxpayer money to boost their special interest……..It intimidates and instill fear on the people and it is why Kenya has failed without any good development agenda gained by the local people in the past 50 years since independence 1963.
A Government of threat and intimidation as has been witnessed is a worse-case-scenario, with latest show-case of giving Chinese a blank check to export land to China, if this is not a serious crime, what is??? More precisely, this is the New form of Neo-colonialism because it will take Kenya more than 200 years to replenish the soil that has been stolen by the Chinese resulting in environmental pollution and health crisis with serious food shortages.
People fight for a still grabbed land, what shall become of the exported land to China? This is Neo-colonialism. What the Big Brother is sharing with Kenyans is far from confused ideologies pelted propaganda of spin doctors who add no value to progressive development of Kenya.
History of Corruption inclusively as observed in other parts of Africa: Corruption is an endemic cancer that has devastated African societies for the past 50 years and has impoverished millions of people from Africa and the solution must be found. It is why Kenya must be a show-case for Reform for the rest of Africa. Corruption is destroying human livelihood and survival and it is sad that people know about it and are doing nothing to fix the problem. It is not right that this behavior must be left to continue.
According to the Africa Union (AU) around $148 billion are stolen from the continent by its leaders and civil servants every year. The 2006 Forbes' list of most corrupt nations had 9 out of the first 16 countries coming from Africa. According to Global Financial Integrity (GFI) a US based anti-corruption group, the continent of Africa has lost more than 854 billion dollars in illicit financial outflows between 1970 and 2008. GFI director Raymond Baker says the amount of money that has been drained out of Africa—hundreds of billions decade after decade—is far in excess of the official development assistance going into African countries.
The illicit flow of such huge amount of money is not the work of African leaders and their associates alone but also that of multinational corporations from Europe, America and Asia doing business in Africa. For example the multinational corporations understate their profits and falsify profit documents. They also undervalue their goods, indulge in smuggling, theft and the falsification of invoicing and non-payment of taxes, as well as and employing kickbacks and bribes to public officials. They also overprice projects; provide safe havens for looted funds, all of which affect the financial capability of countries in Africa to fight poverty. In 2002, Halliburton, a US company, was accused of establishing $180m flush fund with the intent of using it to bribe Nigeria officials in order to secure a $6billion Liquefied Gas Plant contract in Nigeria. The company fired Mr. Albert Jack Stanley, its executive. A report by the company later named a British called Jeffrey Tesler as the middleman behind the bribery. In 2010 Nigerian authorities brought charges against former US Vice President Dick Cheney and Halliburton for their role in the bribery scandal. The charges were settled out of court after the defendants agreed to pay 35 million dollars. On 17th September 2002 for example, a Canadian Engineering company called Acres International was convicted by a High Court in Lesotho for paying $260,000 bribe to secure an $8 billion dam contract in Lesotho. Achair Partners, a Swiss company and Progresso, an Italian company have been accused of bribing Somali Transition Government officials in order to secure contracts to deposit highly toxic industrial waste in the waters of Somalia.
But the corporations and foreign politicians and business executives are not the only ones in the game. The governments in Africa have been doing their best to loot their countries' coffers with impunity. The recently released US diplomatic cables by Wikileaks indicate how corruption has become part and parcel of President Ben Ali's family and government in Tunisia. And the worse thing is that it is getting worse by the day. Part of the cable states that: "According to Transparency International's annual survey and Embassy contacts' observations, corruption in Tunisia is getting worse. Whether it is cash, services, land, property, or yes, even your yacht, President Ben Ali's family is rumoured to covet it and reportedly gets what it wants. President Ben Ali's extended family is often cited as the nexus of Tunisian corruption. Often referred to as a quasi-mafia, an oblique mention of "the Family" is enough to indicate which family you mean. Seemingly half of the Tunisian business community can claim a Ben Ali connection through marriage, and many of these relations are reported to have made the most of their lineage. Ben Ali's wife, Leila Ben Ali, and her extended family — the Trabelsis — provoke the greatest ire from Tunisians."
The Cables point out that the corruption at the presidency has trickled down to all aspect of Tunisian society. "Beyond the stories of the First Family's shady dealings, Tunisians report encountering low-level corruption as well in interactions with the police, customs, and a variety of government ministries. When a contact was asked about whether he thought corruption was better, worse, or the same, he exclaimed in exasperation "Of course it's getting worse!" He stated that corruption could not but increase as the culprits (Ben Ali and his cohorts) looked for more and more opportunities. Joking about Tunisia's rising inflation, he said that even the cost of bribes was up. "A traffic stop used to cost you 20 dinars and now it's up to 40 or 50!" The economic impact is clear, with Tunisian investors — fearing the long-arm of "the Family" — forgoing new investments [abroad and] keeping domestic investment rates low." Tunisians openly talk about how corruption is destroying their country and bemoan the lack of effort by the authorities to tackle it. "Corruption is the elephant in the room; it is the problem everyone knows about, but no one can publicly acknowledge. The lack of transparency and accountability that characterize Tunisia's political system similarly plague the economy, damaging the investment climate and fueling the culture of corruption" says the Cable.
Despite years of exports of oil, gold, diamond, bauxite, tin, coltan, uranium, manganese timber and other minerals, the continent of Africa is ranked the poorest, this is not right. Revenue from the minerals finds its way into the bank accounts of corrupt government officials, politically correct agents and the civil servants with their Allie collaborators, and this must be put to a dead stop.
Judy Miriga Diaspora Spokesperson Executive Director Confederation Council Foundation for Africa Inc., USA http://socioeconomicforum50.blogspot.com Please take note ! --- On Fri, 2/22/13, DICKENS ODHIAMBO <dodhiambo@yahoo.com> wrote: From: DICKENS ODHIAMBO <dodhiambo@yahoo.com> Subject: ATTN: KIBAYA -.National Security Advisory Council Meeting . Date: Friday, February 22, 2013, 9:20 AM Kenya kwisha. A country of 42 tribes and yet the national security is in the hands of one region. NA SASA UK hakishinda jee???? Froncis Kimemia, julius karangi, david kimaiyo, Githu muigai, muhoro ndegwa, mutea iringo, thuita mwangi, michael gichangi. then you say Kibaki has done a good job? increasing tribalism. Enough is enough. Kenyans rise up and say no. News: Who is this man, Kimemia? Published on Feb 21, 2013 Francis Kimemia is a name on everyone's lips tonight, after his name featured prominently when the chief justice revealed threats to his life yesterday. He is alleged to have given instructions that temporarily stopped the cj from flying to tanzania and has been accused of playing partisan politics even though his position as, head of civil service does not allow him to. The fact is he has ruffled a lot of feathers in government, but is it a case of shooting the messenger, or is he acting for the powers that be. Kathryn omwandho looks at this man kimemia. |
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