Muigwithania 2.0

Eastern Province

IDPs hounded out of resettlement Land in Ukambani “Mungiki wa rudi kwao” was the chant by one of the women  .

Rift Valley Province

Kamwaura, Kenya – “They’ve pulled up my crops again,” said Jane Wangui, a Kikuyu who still lives in a camp for fear of returning to the farm near ethnic Kalenjin she fled last year. “I can no longer trust them.”Her feet blackened by the soil, Jane, 60, rests after a morning on her “shamba” (farm), a 90-minute walk from the “transit” camp at Kamwaura in the fertile Molo region. Here 65 people sleep in tents and work their land during the day.A year-and-a-half after post-election violence brought bloodshed to Kenya, during which members of the Kalenjin ethnic group attacked the Kikuyu tribe of President Mwai Kibaki, several thousand displaced people have still not returned home.

“I just came back from my farm. Today, I found that they have again uprooted my potatoes,” she said. “Since February, I’ve been going to my farm on a daily basis. We can’t stock any harvest, it’s been stolen.”I’m very careful not to stay too late in my shamba. I don’t know what can happen when it’s dark.”

“I can’t trust these people (Kalenjin) any more. They told us they had no problem with us, and a few months later they were killing us.

“Life is miserable here. Before I had wealth accumulated and today I have nothing to eat,” said Jane, who survives on one meal a day.Spurred by economic reasons and encouraged by the government, a number of Kikuyu families began migrating in the 1960s from their traditional central provinces to the Rift Valley, the “ancestral home” of the Kalenjin.Land here is an explosive issue due to unbalanced distribution and population pressures in a poor, mainly agricultural country.Lucy Muthoni, 48, says she doesn’t understand why her neighbours continue to rip up her plants.

“They even told me there was no point in planting maize, since I might no longer have access to my land at harvest time,” she said.”Personally, I don’t think we can ever heal the rift between us and the Kalenjin. They betrayed us.”Like other displaced people who believe the government has not tightened security enough, Lucy does not want to claim compensation and buy a plot of land at Kamwaura. She wants to continue to run her farm.

At Rai farm, in the Eldoret region, one of the worst hit by the violence in the Rift Valley, huge areas of agricultural land have been turned to dust by a long-running drought.Njunguna Gachui has built a flimsy house with bits of wood for windows and a plastic tarpaulin for a roof.”I had 60 sheep, some cows. At the age of 70 I have to begin a new life,” he said. “My children’s future has been destroyed because I lost my property.” His daughter, Catherine Njoki, said the government had offered little in the way of assistance.”They promised they would build a house for us but they never delivered on their promises.”It will be very hard to reconcile fully with the neighbours. It will take a long time for the trust to come back. Everyday you can see what has been destroyed.”

Relations are strained with one neighbour in particular, a former Kenyan athlete whom, they allege, gave petrol to youths to burn down their house so he could get their land. Benjamin Ngaruiya, one of the displaced people at Rai farm, said the 10 000 shillings (about R1 000) he received is not enough to build a decent home and buy fertiliser to begin farming again.Only his father and mother have been resettled in a simple house on their plot of land that was devastated during the violence.

The government likes to point out that all the big camps created at the time of the violence have now been closed.One local official even told  the AFP the displaced people were trying to benefit by holding out for better land.

Ngaruiya denied the claim. “These officials from the government are only touring towns,” he said. “They never come inside the rural zones. They ignore us.”His father Michael Nyanga Njeru recalls the days when there were four homes on his property. All have been reduced to rubble. Still he remains defiant.”I’m not going to leave this land, because it’s my property. We bought it legally. I’m not going anywhere else. I will be buried here.”

Sensing that there could be no political will to deal decisively with suspected perpetrators of the post-election violence, Justice and Constitutional Affairs minister Mutula Kilonzo now says that influential Party of National Unity (PNU) bigwigs are misleading President Mwai Kibaki on the issue of a local tribunal in a bid to scuttle any efforts to deal with the problem domestically.The individuals, he said, have misled the President over a wide range of issues particularly that which deals with presidential immunity from any form of prosecution while in office.Mutula attributed the stalemate in Cabinet on the establishment of a local special tribunal to deal with crimes committed during post-poll chaos to powerbrokers within PNU who are advancing their vested interests in the pretext of protecting the integrity of the office of the President.According to the minister, President Kibaki fully backs the move to strip him of the privilege of immunity from prosecution incase he is implicated in the post-election violence that resulted to the killing of at least 1, 300 people, displacement of 350, 000 others and wanton destruction of property.He avers that Kibaki is aware that the International Crime Act which domesticated the Rome Statue that established the International Criminal Court (ICC) has no room for presidential immunity.

The Cabinet has been deadlocked on whether or not the President Kibaki should retain the privilege of immunity from any civil or criminal litigation with regard to crimes committed during the poll-election violence most of which touch on gross violation of human rights.A group of ministers allied to PNU have vehemently opposed the proposal on grounds that the country could easily degenerate into anarchy should the president be exposed to criminal or civil litigation.The Ministers who include Kiraitu Murungi (Energy), John Michuki (Environment), Moses Wetangula (Foreign Affairs) and Chirau Mwakwere (Transport) argue that stripping the president of the constitutional powers will be tantamount to a breach of country’s sovereignty.But yesterday, Mutula lashed out at the Ministers for misleading the President due to political, tribal and sectarian interests even when the law is very clear on the issue.“Kibaki is very understanding but he is being misled by PNU operatives. It is the PNU coalition where I am the Secretary General which is objecting to stripping Kibaki of presidential immunity from prosecution,” said Mutula while addressing a Media Owners Association (MOA) luncheon at a Nairobi hotel yesterday.

He said the Rome Statue, which Kenya is party to, does not grant any person immunity from prosecution irrespective of his or position.“Kibaki signed the International Crime Bill into law in January this year which domesticated the Rome Statute without issues of sovereignty coming up. This means the President allowed himself to be subjected to prosecution both locally and internationally if implicated in the atrocities during the electoral mayhem hence the issue of presidential immunity should not arise,” said Mutula.Mutula who chairs a ministerial sub-committee mandated to review the bill on the establishment of the local tribunal to try the suspected perpetrators of the post-election violence maintained that his team will not relent in the quest to ensure that the President is stripped of the constitutional privilege of immunity against prosecution incase he is linked to the crimes committed during the post-election violence or held responsible under the principle of command responsibility.This position is also shared by Prime Minister Raila Odinga’s Orange Democratic Movement (ODM) in its push for a fair and credible judicial process.

Other members of the committee include Ministers James Orengo (Lands) Moses Wetangula (Foreign Affairs) and Attorney General Amos Wako.Yesterday, Mutula said the committee has resolved to adopt the proposals in the current form and even explore further ways of cushioning the tribunal from political manipulation in order to meet international standards.The Constitution of Kenya Amendment Bill and Independent Special Tribunal Bill has clauses that strip Attorney General of his powers to terminate prosecution through nolle prosequi and bars the Chief Justice from transferring judges unilaterally.The team has come up with a raft of options among them Kenya contemplating to withdraw from the Rome Statute and repeal the International Crime Act.Despite still opposition from some ministers and MPs, the team says a local special tribunal which meets international standards was the best option to deal with crimes committed during the post-election violence.It recommends an upper tier tribunal to handle international crimes such as crimes against humanity and a lower one for crimes punishable under the Kenya Penal code such as rape and murderIn the event that Kenya decides to withdraw from the Rome Statute, it will join the league of failed states which have failed to prosecute crimes.However, the minister warned even if Kenya withdraws from the Rome Statute, the masterminds of the mayhem can still be arrested and prosecuted by any country under the international customary law.The committee also recommends the High Court or a Special Division of High Court to handle the crimes committed during the post-election violence.With Kenyans’ confidence in the country’s criminal justice system waning significantly, this route may not guarantee justice to the victims of the chaos.If all these fail, the Kenyan case will be taken over by the International Criminal Court at The Hague, Netherlands for investigation and subsequent prosecution.The committee will table the proposals in the Cabinet on Monday next week for discussion.

However, Mutula expressed optimism that the government will establish a special local tribunal to handle the crimes committed during the post-poll chaos in order to end impunity which continue to haunt the country.“Kenya’s hope lies in establishing a local special tribunal. Kenyans must push leaders to take this difficult decision.A country where impunity thrives is not good for anyone including those practicing it. Let the masters of impunity not hide in government, churches, region or tribal cocoons,” charged Mutula.The minister used the opportunity to condemn MPs for shooting down a bill seeking the establishment for a local tribunal to try the architects of the post-poll chaos saying it was a demonstration of impunity at its best.“The rejection of the bill even by ministers who were part of the Cabinet that approved it shocked the nation. But the greatest shocker was Parliament which had in the previous year approved the National Accord and adopted the report of the Waki Commission which formed the basis of the special tribunal.For Parliament to turn around and go against the spirit of its earlier decision and worst still go against the will of the people is itself impunity of the most unholy kind,” noted the minister.Most MPs have vowed to oppose any attempt to set up a local tribunal or special court to deal with the crimes on grounds they will be prone to manipulation from the political class.He also criticized those vouching for the Truth, Justice and Reconciliation Commission to handle the crimes committed during the violence saying it is not recognized by the Rome Statute.

“Rome Statute and International Criminal Act do not consider punishing international crimes through reconciliation or prayer. International crimes are punished such as crimes against humanity, war crimes and genocide are punished through a judicial process such as a special tribunal or ICC,” added Mutula.

By KT

“When all goes well and I feel strong, Oh, help me, Lord, to see That I must place my confidence In You and not in me”. —Anon.

BY David Axe

The ceremony last Feb. 12 at the commercial seaport in Mombasa, Kenya, was a surprising one. When the Ukrainian-owned merchant ship Faina sailed into port, five months after its capture by Somali pirates and a week after its release, the Kenyan government rolled out the red carpet. Civilian officials and military officers lined the pier, and armed guards patrolled, as Faina’s weary seafarers debarked. There were speeches and reluctant testimonies by Faina’s senior crew before the strange gathering came to a halting end. Hundreds of vessels had been seized by Somali pirates over the previous decade, and their releases had rarely prompted an official celebration such as this.

The ceremony might have been inspired by the intensive media coverage that had surrounded the Faina’s capture and the subsequent stand-off, pitting U.S. Navy warships against the merchant ship’s ragtag captors. Faina’s captain died of natural causes in the early days of the crisis. Ultimately, the vessel’s owners paid a $3.2 million ransom, which itself is not unusual. Faina had stood out, among captured vessels, owing to her cargo: 33 Soviet-designed T-72 main battle tanks, plus other arms and ammunition — all of murky provenance and ownership. To cynical observers, the June ceremony was seen as an opportunity for Nairobi to voice its official position regarding the weapons’ origins and destination.

Nairobi waged a clumsy campaign to first cover up, then deny, its alleged South Sudan connection. In October, Kenyan authorities briefly arrested Andrew Mwangura, a prominent Mombasa seafarers’ advocate who had corroborated the U.S. Navy’s claim regarding the weapons’ destination. Faina’s welcoming party was the capstone event in this apparent disinformation strategy.

“We are very happy that our military equipment, purchased by the government from the Ukrainian government, has arrived safely — and we cannot wait to take possession,” spokesman Alfred Mutua said. In the following days, the tanks rolled from Faina’s holds and apparently headed to Kahawa Barracks, outside Nairobi. Commercial satellite imagery confirmed the presence of 33 tanks at Kahawa in March, according to Jane’s Defence Weekly, a British trade publication.

But subsequent investigation by Jane’s appeared to show the tanks migrating elsewhere. The magazine’s probe, combining satellite imagery with other photographic evidence and eyewitness reports, showed “a pattern of tanks making their way north” to neighboring South Sudan. The semi-autonomous, predominantly Christian region has in the past waged a bloody separatist campaign against Khartoum and the North’s majority Muslim population.

The Faina shipment apparently represented the third and final installment of a large batch of heavy weaponry for South Sudan, sourced from Ukraine and brokered by Nairobi. In November, the German magazine Der Spiegel claimed it had records proving an earlier shipment of 42 tanks that had largely escaped international scrutiny. Khartoum has more than equaled South Sudan’s apparent arms program, with large-scale purchases of fighter jets, helicopters and other weapons, sourced mostly from Russia and China.

The mutual re-armament, in violation of a U.N. arms embargo, bodes poorly for reconciliation efforts aimed at forestalling a continuation of the 20-year, North-South civil war. The fighting ended in 2005, and in 2007 former Kenyan President Daniel Moi traveled to Sudan to smooth out the implementation of a formal peace deal. According to the so-called “Comprehensive Peace Agreement,” in 2011, South Sudan will vote whether to remain a part of Sudan, or formally secede.

But “the implementation of the CPA has been hampered by the lack of good faith and the absence of political will,” according to the Brussels-based International Crisis Group. Ongoing tension might tilt the referendum toward sovereignty, resulting in a fresh round of fighting — a contingency both the North and South seem to be preparing for, and one to which Kenya seems resigned. Since the CPA’s implementation, Kenya has aligned itself closely with South Sudan. Kenya gets discounts on South Sudanese oil. In return, Kenyan banks have financed massive construction projects in South Sudan. Nairobi’s apparent military assistance to South Sudan underscores Kenya’s investment in the region’s eventual, full independence.

The U.S. military’s “outing” of the Kenya-South Sudan relationship reflects Washington’s delicate stance on regional security. Washington works closely with the Kenyan government to prevent pirate attacks and prosecute captured pirates. But the U.S. seems willing to somewhat jeopardize that relationship in order to prevent arms flowing to South Sudan.

Still, the U.S. State Department is arguably South Sudan’s second-most-important supporter. Last year, the State Department awarded a contract to Virginia-based consultancy USIS, to help train up the South Sudanese army — a deal that does not include arms transfers. The goal, an unnamed State Department source told Wired magazine’s Danger Room blog , is to take the South’s army “out of the bush, basically, within the construct of the CPA — as a force that can come together in a unity government. Or if in 2011, the South secedes, that force could become the element of a South Sudan that’s sovereign.”

Despite the clear risk of massive bloodshed, sovereignty for South Sudan is a prospect both Kenya and the U.S. seem to be preparing for. The difference is in the tactics used. Washington’s support for South Sudan is subtle and non-material. Nairobi’s alleged support, by contrast, is the stuff of pirate tales and techno-thrillers — and apparently too obvious to escape major scrutiny

David Axe is an independent correspondent, a World Politics Review contributing editor, and the author of “War Bots.” He blogs at War is Boring. His WPR column, War is Boring, appears every Wednesday.

Bill Gates organized an enormous session to recruit a new Chairman for Microsoft Europe. 5000 candidates assembled in a large room. One candidate was Njoroge a Kenyan living in USA . Bill Gates thanked all the candidates for coming and asking those who do not know JAVA programming to leave, 2000 people left. Njoroge said to himself, “I do not know JAVA, but I have nothing to lose if I stay. I’ll give it a try’”.

Bill Gates asked the candidates who never had experience of managing more than 100 people to leave, 2000 people left and Njoroge said to himself “I never managed anybody by myself, but I have nothing to lose if I stay. What can happen to me?” So he stayed behind again.

·Then Bill Gates asked candidates who didn’t have a minimum of a Diploma in Business Management to leave. 500 people left the room. Njoroge said to himself, “I left school at 15, grade 7, but what have I got to lose?” So, he stayed in the room. Lastly, Bill Gates asked the candidates who do not speak Serb-Croat to leave. 498 people left the room. Njoroge says to himself, “I do not speak one word of Serb-Croat but what do I have to lose?” So he stayed and finds himself with one other candidate. · EVERYONE ELSE HAS GONE.

Bill Gates joined them and said, “Apparently you are the only two candidates who have all the required qualifications & experience I am looking for and speak Serb-Croat, so I’d now like to hear you have a conversation together in that language. And……..” · Calmly, Njoroge turned to the other candidate and in a horse voice said “Wi mwega mundu wa nyumba?” The other candidate answered softly but clearly saying “Gutiri na uuru, no gwethera ciana mutu. . . !!”

Central Regions

Rarely has a topic turned out to be so emotive, divisive and controversial like the majimbo debate.A debate that should otherwise be very intellectually stimulating has been reduced to a weapon for political one-upmanship and for settling ethnic scores.Far too many people feel that majimbo is a red-herring for ethnic dichotomisation. Their fears are greatly justified by the ethnic pogroms that have always, unfailingly, followed calls for majimboism.This ugly history notwithstanding, the real majimbo should stand up. Maybe all of us, pro-majimboists, and anti-majimboists need to pause for a moment.Let me confess here. I have been a rabid majimbo-phobic. Today, I am a real convertee to the gospel of majimboism. It is much easier to work on the real fears of the phobics, as well on the mischievous designs of the centrics, than to throw away the baby with bath water.

For beneath the acrimony, majimbo is good for us, a ‘‘nice-to-have’’ and not a ‘‘must-have’’ for the sake of our country.I have many reasons for my stand, but two will suffice. Take the case of our government structures at the grassroots. It is simply a tower of Babel.You have a district agricultural officer who reports to Kilimo House, trying to work through a district commissioner who reports to Harambee House. If they are to have a project that requires irrigation, the water officer has to seek the authority-to-incur-expenditure (AIE) from Maji House

I haven’t even talked about the Public Works, Environment and Youth officers involved – just in case the project has a Kazi-Kwa-Vijana component.The local MP has no inkling about the civil servants who serve in his constituency, let alone being responsible for their performance. In case of new districts, all these departments have to build their offices independently.So pathetic and scattered  are the offices that in some districts, they are referred to as the “government slums”. I look forward to the day the jimbo governor moves in to restore order.

I look forward also to see the demystification of Nairobi. In South Africa, Parliament sits in Cape Town, the Executive in Pretoria, the Judiciary in Bloemfontein while the main business address is Johannesburg.By the same measure, I look forward to having tea at Parliament Buildings in Eldoret, and go for a case mention in the Judiciary headquarters in Kisumu. I can only imagine the glee with which sukuma wiki vendors will welcome the announcement that the office of the Prime Minister has been moved to Thika.

The second reason is sad, unfortunately. All over the country, illegal gangs are coming up by the day. They may be different in terms of modus operandi or region. However, a striking similarity among them is the way they rush in to duplicate (or is it substitute?) functions that are the preserve of the central government.From illegal taxes to providing ‘‘security’’, these gangs point out to the need for us to re-examine the centralised system of governance.The distance between the central government and the people has grown to the maximum limit. When Jomo Kenyatta became President, Kenya’s population was 9 million. Today we are 36 million, yet the same miserable central government structures still prevail. They are writhing in pain, over-burdened by this insurmountable yoke of responsibility.We have the option of continuing to hide our heads in the sand like the ostrich or to move with the times.

by Moses Kuria ( secretary-general, Centre for Strategic and International Studies)

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