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December 21, 2010

Thomas Isidore Noël Sankara

Thomas Isidore Noël Sankara

Born Thomas Sankara on December 21, 1949, in Upper Volta, Now Burkina Faso; died 1987, in Ouagadougou, Burkina Faso. He attended military secondary school, 1966-69; became part of the national Parachute Regiment of Upper Volta; began training in officer school in Madagascar, 1970; fought in border war between Upper Volta and Mali, 1974; became commander of the Commando Training Center, 1976; met Blaise Compaore in Morocco, 1978; formed “Popular Republic” in Commando Training Center with Compaore; appointed secretary to the president in charge of information, 1981; imprisoned to await court-martial, 1982; named prime minister by new regime under Jean-Baptiste Ouedraogo, 1982; accused of treason and imprisoned, 1983; became head of Upper Volta government after coup, 1983; changed name of Upper Volta to Burkina Faso, 1984; put down coup attempt, 1984; led country in short border war with Mali, 1985; attempted to initiate major reforms in agriculture, income distribution, and equality of rights for women; forged ties with other Marxist states such as Cuba, Angola, and Nicaragua; was assassinated in capital city of Ouagadougou, 1987, at age 37.

Life’s Work

Making a popular name for himself through his dedication to easing the plight of the common man in his native land, the Marxist leader Thomas Sankara made a serious attempt to eliminate the poverty and abuse of power that had been commonplace in Burkina Faso before he took power in 1983. “Without a doubt the young and charismatic Sankara was one of the most notable and popular military political leaders of post-independence Africa, despite the fact that he was only in power for four years before being assassinated in 1987,” wrote John A. Wiseman in Political Leaders in Black Africa. “Sankara’s inspirational leadership, the influence of which extended well beyond the borders of Burkina Faso, marked something very new in the political history of the country,” added Wiseman.

From an early age Sankara condemned the effects of French colonialism on his country. “In his view it was the French colonials who had been directly responsible for the unfair social system, whereby the wealth of the country remained in the hands of the white rulers while the indigenes were victims of miserable poverty and economicrepression,” claimed Michael Wilkins in African Affairs. Sankara had no use for any exploitation wielded by the powerful, and was hailed for his willingness to forego the spoils of his own high position. “In this part of the continent whose garishly rich, egotistical tyrants inspired the label ‘Big Man,’ many people regarded Sankara as the anti-Big Man,” commented James Rupert in the Washington Post. After becoming his nation’s leader, Sankara continued to eat in the mess hall with other army officers and even sold off the expensive cars of high-ranking officials in a lottery. But eventually his fear of opponents and alienation of former supporters in his populistmovement made him vulnerable. He was unable to make much of a dent in the poverty of Burkina Faso, which at the time of his leadership was ranked the third poorest nation in the world.

Born into a low-class family in Upper Volta–now Burkina Faso–in 1949, Sankara grew up Catholic in a country dominated by traditional religions and Islam. He began receiving military training in secondary school in 1966, and soon established a reputation for both his studiousness and athletic ability. He began his military career at age 19, and a year later was sent to Madagascar for officer training . While there he was known for his austere lifestyle, and he became increasingly idealistic and political as he was exposed to perceived injustices instilled by colonialism. Sankara also witnessed a Communist-led revolution in the country’s capital that may have laid the seeds for his Marxist practices.

In the early 1970s Sankara was sent to the prestigious Parachute Training Center in France. He worked his way up the ranks in the military, while also making contacts with African radical students and organizations in France that helped shape his revolutionary mentality. In 1974 he returned to Upper Volta and began actively participating in meetings of various left-wing groups, among them some of the more prominent trade unions. All of these meetings were held secretly, since law prohibited any gatherings of groups opposing the government. Sankara’s involvement with these groups proved critical to forging relationships that helped him assume power in the 1980s.

Sankara served with honor on the front lines in a border war between Upper Volta and Mali in 1974, although he saw the dispute over a basically worthless strip of land as futile. He became commander of his country’s Commando Training Center in 1976, and two years later established an important friendship with Captain Blaise Compaore after meeting him in Morocco. The two friends formed the so-called “Popular Republic” at the Commando Training Center, which helped them build their power within the military. Sankara made his way into government in 1981, when he was appointed secretary to the president in charge of information by Colonel Saye Zerbo, who had taken control of the government after a coup in 1980.

Due to his objection to the government’s banning of strikes and its passing of anti-union legislation, Sankara soon fell into disfavor with Zerbo. After resigning in protest in 1982, he was arrested and put into prison. He regained his freedom when Zerbo was ousted by Major Jean-Baptiste Ouedraogo in November of that year. By this time Sankara had become a popular figure among the people due to his willingness to attack those in power. As Ouedraogo became more controlled by the military, his fear of Sankara’s popularity increased. He condemned him for treason in 1983 and had him imprisoned, but the stay behind bars was short-lived. Compaore mobilized a unit of paratroopers and told Ouedraogo that he would seize the capital unless Sankara was freed and allowed to resume his post in the army. Ouedraogo’s agreeing to the demands empowered Sankara to rally his many sympathizers and seize the government himself. Just 34 years old, Sankara became the youngest leader of an African republic in 1983. Top of his political agenda was the waging of a war on poverty, which reached a critical level due to a horrible drought that ravaged the country’s agriculture in 1983 and 1984. He attempted to start up massive agricultural projects to overcome widespread hunger, set up a revolutionary emergency to help buy grain for disaster victims, and began a tree-planting program to stem the advance of the Sahara Desert on fertile land.

Sankara also became highly vocal about his plans for reform, traveling widely and making rousing speeches that promised a new era for Upper Volta. “The primary objective of the revolution,” he was quoted in Issue, “is to take the power out of the hands of our national bourgeoisie and their imperialist allies and put it in the hands of the people.” Sankara’s words became deeds when he adjusted salaries so that all ministers and public servants earned the same salary, including himself, and he changed the tax system to one based on ability to pay. He also forced top civil servants and army officers to donate one month of their annual salary toward the funding of development projects. Among his policies for helping the common people were mass literacy campaigns, attempts to bring back health care to rural populations, and extensive vaccinations programs. As a symbolic gesture to erase the memory of colonialism, Sankara renamed the country Burkina Faso, which means “the land of people of integrity.”

Sensitive to past exploitation of his country by foreign powers, Sankara was very choosy about his allies. For the most part he distrusted Western countries as exploiters whose friendship was a means to gain strategic influence. “Donors have not always had the sincere aim of helping Upper Volta,” he said in Africa Report. “They used aid as a means of gaining control over our country….” Holding true to his Marxist ideology, Sankara forged bonds with other Marxist nations such as Cuba, Nicaragua, and Angola, as well as the regime of Colonel Muammar Qaddafi in Libya. He demonstrated no tact with Western leaders, openly criticizing chiefs of state such as President Mitterand of France. He also felt that much foreign aid entering his nation had been squandered by either ineffectivemanagement or corrupt officials.

Various policies implemented by Sankara got him in trouble with the status quo. He stunned all of Africa when he began working to establish greater equality between the sexes, something that was unprecedented in post colonial continent. (pre colonial Africa championed equality of the sexes)He banned prostitution, condemned polygamy, and appointed five women to ministerial posts. “Women are exploited in relations of production and also in sentimental relations, in affection,” he said in Africa Report. “But women are further exploited because of imperialism, which also dominates the Voltaic man.” Sankara fueled the ireof more enemies by establishing People’s Revolutionary Courts to investigate members of previous governments and initiating a series of anti-corruption campaigns. He also alienated the Mossi, the country’s major ethnic group, by eliminating many of the powers held by the tribe’s traditional chiefs such as their right to receive tribute payment and obligatory labor.

We do not talk of women’s emancipation as an act of charity or because of a surge of human compassion. It is a basic necessity for the triumph of the revolution. Women hold up the other half of the sky. Thomas Sankara

A coup against Sankara in 1984 was put down in short order, but resistance against him continued to grow due to his policies. Support from leftists who had helped carry him to power began to wane because they regarded his reforms as too tame. He angered trade unions when he fired striking teachers, then rehired them on his own terms. Most damaging to Sankara’s position may have been his failure to alleviate the country’s extreme poverty, despite an increase in public spending of 120% during his first three years as head of state, as well as his inability to make a dent in Burkina Faso’s foreign debt. Over time Sankara’s concern about keeping his position grew and he began attempting to ban certain political groups. Wavering support from Compaore led Sankara to establish his own security force as protection against his former ally, who was supported by the powerful Parachute Regiment. As Michael Wilkins wrote in African Affairs regarding the relationship between Sankara and Compaore, “These tensions were not only caused by the alienation process … but also by the economic failure of Sankara’s reforms and personal difference in opinion which led to accusations of megalomania and the creation of a cult of personality.”

Finally the scales of resistance tipped against Sankara. He was assassinated in a hail of bullets in October of 1987 along with thirteen other officials outside the central parliament building in Ouagadougou. No inquiry was held into the murder, and Sankara was buried in an unmarked grave. While denying his involvement in the killing–a claim disputed by many at the time–Compaore then condemned Sankara as a traitor to the very Popular Revolution he had led.

Over a decade after Sankara’s death, thousands in Burkina Faso still mourn at his grave on the anniversary of his assassination, and his mystique as a leader who sacrificed himself for the good of the people remains strong. Cassettes of his speeches still sell well, a major Sankarist Youth Movement dedicated to his policies remains active in the country, and several political parties in Burkina Faso bare his name. “Sankara is not remembered as a saint,” noted Dramane Sessouma, the editor of a local newspaper in Burkina Faso, in the Wall Street Journal. “But he was honest and dedicated to improving the lives of ordinary people–and almost no other {West African} leader has been so.”

Further Reading

Books

  • Brockman, Norbert C., An African Biographical Dictionary, ABC-Clio, SC1994, pp. 311-313.
  • Glickman, Harvey, editor, Political Leaders of Contemporary Africa South of the Sahara: A Biographical Dictionary, Greenwood Press, 1992, pp. 245-250.
  • Rake, Alan, 100 Great Africans, Scarecrow Press, 1994, pp. 350-354.
  • Sankara, Thomas, Thomas Sankara Speaks: The Burkina Faso Revolution, 1983-1987, Pathfinder Press, 1988.
  • Wiseman, John A., Political Leaders in Black Africa, Edward Elgar Publishers, 1991, pp. 189-191.

Periodicals

  • Africa Report, July/August 1984, pp. 4-10.
  • Africa Today, Second Quarter 1989, p. 64.
  • African Affairs, July 1989, pp. 375-388.
  • Current History, May 1989, pp. 221-224.
  • Issue, 1987, p. 78.
  • Washington Post, March 17, 1997, p. A12.
December 8, 2010

The Future of Africa

The Rise of Thomas Sankara’s Children-

Julius Sello Malema (South Africa) (born 3 March 1981, in Seshego) is a South African politician, and the president of the African National Congress Youth League.Malema was elected a chairman of the Youth League branch in Seshego and the regional chairman in 1995. In 1997 he became the chairman of the Congress of South African Students (Cosas) for theLimpopo province, and was elected as the national president of that organisation in 2001.Malema was elected as the president of the ANC Youth League in April 2008, in a close race at a national conference held in Bloemfontein.

Charles Blé Goudé (Ivory Coast) is an Ivoirien political leader, born in 1972 at Guibéroua, in the center west of the country.Blé Goudé studied English at the University of Cocody (Cocody is a section of Abidjan), where he began his political career leading strikes and violent demonstrations of the Student Federation of Cote d’Ivoire (FESCI), allied with the FPI during the 1990s. He succeeded Guillaume Soro as the Secretary General of FESCI from 1998 to 2000.He later founded the Coordination des jeunes patriotes in 2001, and the Congrès Panafricaine des Jeunes Patriotes (COJEP) in the same year. He had completed a university degree in English by this time, and later began a masters degree in Conflict Resolution Studies from Manchester University. Having gotten news of the coup d’État on 19 September 2002, he left England for Côte d’Ivoire, where he founded the Alliance des jeunes patriotes pour le sursaut national, which he directed with Serge Kuyo, an organization which he described as a mouvement de combat. Blé Goudé has said that he models himself on Kwame Nkrumah, Patrice Lumumba and Thomas Sankara

Munyaradzi Chidzonga (Zimbabwe).Born in 1985, Harare,A former student of the prestigious International School in Zurich, in the canton of Zurich, Switzerland, Munya Chidzonga is a Film maker. A holder of a Bachelor of Arts Degree in Motion Picture Medium, majoring in Live Performance, Acting and Script-writing, from The South African School of Motion Picture Medium and Live Performance (commonly known as AFDA) in Cape Town South Africa, where he was nominated for the best Actor Award, an accomplishment equivalent to graduating Magna Cum Laude in the American educational system.Though Munya is not actively involved in Zimbabwe politics his star is one to watch and will most likely end up in politics as a ZANU-PF candidate sometime in the future.

September 29, 2010

Ma3theband

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August 10, 2010

Koigi Wa Wamwere: On Voting No

On account of the contentious issues, errors, fundamental omissions and disagreeable articles, the new constitution is not the basic law I fought for. I am glad I voted no.Though Tom Mboya had argued against the wisdom of defining “independence” to people in order not to lose support from the poorest of society that the Kenyatta government would betray, independence was greeted with far more euphoria than the so-called national rebirth through the new constitution.

Though the elite had reasons to celebrate independence, soon, ordinary people were groaning.Not withstanding, many refused to ask why and those who did were booed, dismissed, shunted aside, detained and assassinated. After the so-called Narc revolution, ordinary people fared no better though blinded by ethnic politics to this reality.In the referendum, many voted against the new constitution because they wanted a better contract between them and rulers. Now that it’s through, Kenyans will repeat errors committed at independence and after the Narc revolution at their own peril.

The voters were right to trust the victors with a new constitution and an MoU to amend it after passage. The bilateral talks should commence forthwith. It will be in bad taste for Prime Minister Raila Odinga to renege on this MoU, the way President Kibaki reneged on the one with him.

The drivers of the new constitution must also prove that counties drawn on ethnic lines are not majimbo and how the new law will preserve Kenya as one nation without waging war against negative ethnicity in counties, to protect ethnic minorities from discrimination by ruling ethnic majorities.How will historical land injustices be redressed against land-grabbers without encouraging ethnic communities to pursue the restoration of ancestral lands taken from them by British colonialists but are today settled upon by people from other communities?Were these Kenyans not assured at independence that they could, with legality and propriety, buy or be given land anywhere in Kenya without fear of future eviction?The implementation of the new constitution must answer these questions or we shall have departed from the rule of law to vanquish impunity.The minister in charge of constitution-writing, Mr Mutula Kilonzo, has said there will be no dialogue over amendments to the constitution, validating fears that the document is not amendable.

But the new constitution must stabilise the country politically and not plunge it into a bottomless pit of moral decadence. Nor should the arrogance of leaders be allowed to turn people against the new constitution.How can we say we now have a constitution of freedom when it authorises detention without trial, albeit during states of emergency or war?How can victims of detention like Mr Odinga reintroduce this monster into our constitution and politics?Disappointingly, the new constitution has no problems with our kind of capitalism that generates more poverty than wealth and more corruption than development.How then will the poverty of our capitalism, if not substituted with social democracy, deliver the nation from destitution and guarantee Kenyans their economic and social rights of food, housing, health-care and education?

Though I wish Kenyans good luck with the new constitution, I cannot help fearing the day when soon, they will be groaning under the burden of increased salaries of MPs, Senators and Governors and high taxes from both national and county governments.Once, Israelis asked Samuel to give them a king. Samuel warned them that such a king would take their sons and them serve with his chariots… He would take their daughters to be his perfumers, cooks and bakers… He would take the best of their fields and vineyards and give them to his attendants… He would take a tenth of their grain and give it to his officials… He would take a tenth of their flocks and make them slaves.When that day came, Samuel warned, they would cry and God would not listen. But they refused to listen, saying: No! We want a king over us.Is history repeating itself in Kenya with the new constitution? God forbid!

Kogi Wa Wamwere


May 4, 2010

Just because we’ve waited 20 years, we shouldn’t be blackmailed to pass a faulty law

“Always vote for principle, though you may vote alone, you may cherish the sweetest reflection that your vote is never lost.” These were the words of US second President John Quincy Adams. They resonate well with the thoughts of Alexis Comte de Tocqueville, a leading politics and history theoretician in 19th Century France. In L·ncien regime et la RÈvolution, he warned of the dictatorship of the majority.In it, he theorized the masses irrespective of class or rank are herded to reach certain end by confusion that leads to fervent and uncritical adherence.

Adolf Hitler and Benito Mussolini rode on the wings of democracy and mass populism to create dictatorships that the world still rues. I’m afraid our referendum process for a new constitution is treading on similar footsteps.A referendum like any electoral process has to meet certain basic and irreducible minimums. These include free media, freedom of speech and assembly and unhindered campaign and a transparent electoral process. Our current Constitution and electoral laws reiterate these freedoms. The Proposed Constitution is allegedly even more progressive. So, why is the ‘Yes’ group (Yessed) comprising of politicians, media and activists attempting a steamroller campaign that makes nonsense of all these principles?

Politicians led by Prime Minister Raila Odinga seem to have decided that Kenya must get a new constitution tupende tusipende. Anyone that is of contrarian view is seen as a ‘Moist’, land-grabber, retrogressive and ignorant of the Proposed Constitution. If the politicians and media have decided that the ‘Yes’ must succeed, why are we still engaging then in a charade process that will cost us Sh9 billion?Those opposed to the draft as it is have said they have issues on abortion, land, Judiciary in general and Kadhis’ courts in particular, and devolution structures. Yet, they are being dismissed as lacking in understanding and knowledge. Who decided that Yessers have more knowledge and understanding?

Article 2(6) of the draft automatically domesticates international laws and treaties that we ratify. Ordinarily, we domesticate such international laws by legislation. This innocuous clause makes such international treaties that allow such indiscretions like homosexual marriages part of our law. International treaties on marriage recognise unions of consenting adults without gender discrimination.

State funding

Article 170 of the draft makes Kadhis’ courts part and parcel of the Judiciary and thus employees of the State. In US and Europe, any group or institution that is discriminatory in its membership on sex or religion is denied federal or state funding. If the rest of the developed Western world, which we look up to, is enhancing the separation of state and religion, why are non-Muslims going to be forced by the draft to fund an Islamic judicial system? Let Kadhis’ courts be there, but don’t make them part of our judicial system nor make us finance them.

Chapter Four of the draft is the Bill of Rights and is comprehensive. It sets out all the rights we have. Legal scholars agree all human rights are reduced to three: rights to life, liberty and private property. William Blackstone in Commentaries On The Laws of England, Book The First opines these three rights are absolute and immutable and cannot in any way be waived or derogated unless by consent of the individual.

But article 25 of the Proposed Constitution clearly indicates all rights may be limited by legislation except the right to liberty. How can we then say ‘Yes’ to a constitution that will subordinate our rights to life and property to the whims of a Parliament? What if history is a guide that Parliament becomes a choir for a rogue President? Zimbabwe is a good example of a Parliament that sold its soul to the devil.

The referendum on the draft is regulated and subject to The Constitution of Kenya Review Act, 2008. Sections 37, 38 and 39 thereto unequivocally state that the Interim Independent Electoral Commission shall frame the question, set the referendum date, indicate the polling time and advice on the campaign period. Legal scholars have set minimum parameters for a referendum to be said to pass the muster: referendum question must be ‘Yes’ or ‘No’, full disclosure top the public on the issue or law being taken to vote, public must be told the truth on the consequences of either vote, and the referendum must allow a judicial process against it.

Ancient Rome through its popular assemblies called Concilium Plebis originated this process of legislation by public initiative. Since then, the public is asked to vote on an issue or new law that is divisive to give its outcome legitimacy. The process demands that there be a wide if not majority of qualified voters’ participation and in most instances an identity card is sufficient. Also, the campaign process has to be level and giving an opportunity to proponents of either divide of the vote.

Blackmail

Tragically, the Yessed have already begun running with the campaign even before IIEC announces the period. Kenyans cannot be blackmailed that because we have waited for 20 years, we must pass the draft. Public fatigue is never a reason to change a constitution.

The Proposed Constitution ought to be passed or rejected on merit. Let those who support it allow the Naysayers to have their time. Supporting the draft doesn’t confer one moral or intellectual superiority

By Donald B Kipkorir

The writer is an advocate of the High Court dkipkorir@ktk.co.ke

PS when Donald Kipkorir gets published on Muigwithania mambo yamechacha

April 29, 2010

Article 26 & The Abortion Controversy


“Right to Life.” What started as a straightforward and noble protection of the right to life—a constitutional ban on abortion except where medically necessary to save a woman’s life—has been turned completely on its head. In the latest version rewritten by the “Committee of Experts” (CoE), the “right to life” has been slyly transformed into a constitutional right to abortion.

Comparing the versions of earlier drafts shows what has happened. The original Harmonised Draft (November 2009) and the Revised Harmonised Draft (January 2010) submitted by the CoE to the Parliamentary Select Committee (PSC), both protected the “Right to Life.” Indeed, it is the first freedom listed in the Bill of Rights: “Every person has the right to life.” Under the Constitution of Kenya Review Act of 2008, the CoE was required to submit the draft to the Parliamentary Select Committee (PSC) for its “deliberation and consensus building on the contentious issues.” This occurred at January’s important meeting at Naivasha. The PSC enhanced and clarified the “Right to Life” by adding that “The life of a person begins at conception” and specifically prohibiting abortion except to save the mother’s life: “Abortion is not permitted unless in the opinion of a registered medical practitioner, the life of the mother is in danger.”This reflected a consensus that Kenya’s constitution should protect life and prohibit abortion. At this point, the Constitution of Kenya Review Act of 2008 directed the CoE to “revise the draft Constitution taking into account the achieved consensus” and submit the draft to the PSC, which would then lay it before Parliament.

The CoE did not do this. It did not revise the draft to reflect “the achieved consensus” at Naivasha. On the contrary, the CoE hijacked the “Right to Life” entirely, turning it instead into a right to abortion. Article 26(4) now provides: “Abortion is not permitted unless, in the opinion of a trained health professional, there is a need for emergency treatment, or the life or health of the mother is in danger, or if permitted by any other written law.”This provision completely negates the right to life in four ways. First, it changes the decision-maker from a “registered medical practitioner” to any “trained health professional.” Thus, it need not be a doctor or nurse who makes the medical judgment that an abortion is necessary; it can be any professional “trained” in “health,” whether certified or not. This is code language for permitting abortionists to decide whether an abortion should be permitted.

Second, the PSC consensus at Naivasha only permitted abortion when “the life of the mother is in danger.” The CoE re-wrote this to permit abortion when “the life or health” of the mother is in danger. What does “health” include? How broad is this exception? Unfortunately, America provides a bad example. The phrase “health of the mother” is a term-of-art in American constitutional law concerning abortion. It means that the mother may choose abortion for any physical, emotional, psychological, social, financial, or “family” reason she chooses. The effect, in America, is to permit abortion for any reason, throughout all nine months of pregnancy, as a matter of constitutional right.This language is not in the U.S. Constitution, but comes from the U.S. Supreme Court’s infamous decision in the case of Roe v. Wade, which created an unlimited right to abortion in America by using a trick definition of “health” in a companion decision, Doe v. Bolton. But the “health of the mother” language is in the proposed Constitution of Kenya. It is therefore very likely that this language may be interpreted by courts and government officials in Kenya as creating a right to abortion for any reason throughout pregnancy, after the fashion of America.

Third, the CoE’s new version explicitly provides that abortion may be made legal if “permitted by any other written law.” In other words, the constitutional right to life may be entirely nullified, simply by passing a new law, without changing the constitution. This means that the right to life is really no constitutional right at all.Fourth, the exception for “emergency treatment” means something more than protecting the life or health of the mother. Otherwise, this language would have no effect. The CoE added this language. To what does “emergency treatment” refer, if not protecting life or health? A likely answer is that “emergency treatment” is code language for “emergency contraception” that works by producing an early abortion after conception has occurred.

There is one more provision of the current draft that further reinforces the right to abortion. Under Article 43 of the CoE’s latest version, “every person” has the constitutional right to “health care services, including reproductive health care.” In America, the phrase “reproductive health care” is polite language for abortion. In America, one of the debates over health care is whether abortion is truly “health care.” “Reproductive health care” is the code term that is used when abortion is what is meant.Because Article 43 of the current draft appears to provide an affirmative right to “reproductive health” services, this language probably provides a social-welfare entitlement to publicly-provided or publicly-funded abortions. In short, the current draft provides a constitutional right to abortion, for any reason, throughout all nine months of pregnancy, paid for by all Kenyans.

These are dramatic changes from the earlier versions of the proposed constitution. Nothing like this was in any of the earlier drafts. Article 26 is a completely new invention.It completely undermines the right to life. Indeed, it produces its opposite. It creates a right to abortion 

Read Njoki Ndungu’s response

April 6, 2010

Video-British Crimes Kenya.-Transitional Justice

Dealing with widespread colonial human rights violations raises large practical difficulties. A country’s political balance may be delicate, and governments may be unwilling to pursue wide-ranging initiatives-or may be unable to do so without putting its own stability at risk.The many problems that flow from past abuses are often too complex to be solved by any one action. Judicial measures, including trials, are unlikely to suffice: If there are thousands or hundreds of thousands of victims and perpetrators, how can they all be dealt with fairly through the courts-especially in cases where those courts are weak ,corrupt and controlled by former colonial masters ?Even if courts were adequate to the task of prosecuting everyone who might deserve it, in order to reconstruct a damaged social fabric, other initiatives would be required.After two decades of practice, experience suggests that to be effective transitional justice should include several measures that complement one another. For no single measure is as effective on its own as when combined with the others

Professor Elkins’s first book, Imperial Reckoning: The Untold Story of Britain’s Gulag in Kenya, was awarded the 2006 Pulitzer Prize for General Non-Fiction. It was also selected as one of the Economist’s best history books for 2005, was a New York Times editor’s choice, and was a finalist for the Lionel Gelber Award. She and her research were also the subjects of a 2002 BBC documentary titled, Kenya: White Terror, which was awarded the International Committee of the Red Cross Award at the Monte Carlos Film Festival. Professor Elkins is a contributor to The New York Times Book Review, The Atlantic, and The New Republic. She has also appeared on numerous radio and television programs including NPR’s All Things Considered, BBC’s The World, and PBS’s Charlie Rose. Professor Elkins’s current research interests include colonial violence and post-conflict reconciliation in Africa, and violence and the decline of the British Empire. She is currently working on two projects: one examining the effects of violence and amnesia on local communities and nation-building in post-independent Kenya; the other analyzing British counter-insurgency operations after the Second World War, with case studies including Palestine, Malaya, Kenya, Cyprus, and Nyasaland. Professor Elkins teaches courses on modern Africa, protest in East Africa, human rights in Africa, and British colonial violence in the 20th century.
Video:
April 1, 2010

PDF -The Final Proposed Constitution.(April 2010)

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February 21, 2010

Parliamentary Select Committee -Constitution PDF

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February 16, 2010

Protected: Wag the Dog-A Fake Kenyan Political Crisis

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February 4, 2010

Kenya Vice President Kalonzo Musyoka on Somalia-Kenya Challenges

January 26, 2010

American FPE funds : Ministry of Education Corruption or Empty Coffers at Home

The U.S. has suspended a five-year plan to fund Kenya’s education programs following allegations that more than $1 million in funds went missing at the Education Ministry, its ambassador said Tuesday.The U.S. made the decision based on claims late last year that Education Ministry officials misappropriated 100 million shillings ($1.3 million) of Kenyan government and donor funds to finance the country’s much-lauded free primary school education program, U.S. Ambassador Michael Ranneberger told a luncheon of the American Chamber of Commerce in Kenya.

Meanwhile in Washington just as the News is breaking. -Obama Gets Bad Numbers From Congressional Budget Office.

Jobs and the deficits are going to be big themes of President Obama’s big speech tomorrow — and he got some bad numbers on both topics today from the Congressional Budget Office.

A new report by the Congressional Budget Office says the nation’s $1.4 trillion deficit is more likely to go up than down this year.If Obama keeps President Bush’s tax cuts in place and extends other expiring tax breaks, the 2010 deficit would grow to more than $1.6 trillion, the report says. Over the next decade, the nation would rack up another $12 trillion in deficits, thereby doubling the size of the $12 trillion national debt.

“Daunting” and “bleak” were just some of the adjectives used by CBO Director Douglas Elmendorf on Tuesday to describe the 10-year budget picture. Spending is projected to outpace revenues, and the debt would soon be two-thirds the size of the overall economy. By 2020, interest payments on that debt would be more than $700 billion, about four times the size of the current amount.The report shows the unemployment rate rising slightly above 10% before declining slowly. Not until 2014 would the rate drop back to 5%.”In sum, the outlook for the federal budget is bleak,” Elmendorf said. “U.S. fiscal policy is on an unsustainable path to an extent that cannot be solved by minor tinkering.”

It’s time to have a broad discussion across the U.S. about the hard choices that need to be made to rein in the budget deficit: The latest Congressional Budget Office forecast and the Obama plan to freeze part of the budget highlight the unsustainability of federal spending.

January 24, 2010

Desperate UK ‘Using Obscure Legal Principle’ To Dismiss Colonial Torture

The Guardian: The  British government is  invoking an obscure legal principle to dismiss claims of torture and rape by the British colonial administration in Kenya, campaigners claimed.The Foreign Office has said four elderly Kenyans alleging that they suffered serious physical and sexual abuse at the hands of the British during the Kenyan “emergency” of 1952 to 1960 should not be allowed to proceed with their claim because of the law of state succession.

Allegations that the British abused suspected Mau Mau fighters have continued since the Kenyan government lifted a 30-year ban on membership in 2003.The organisation, which came into being to oppose colonial rule in Kenya, remains a sensitive issue because of the violence suffered by Kenyans. The British government recently acknowledged that suffering was experienced “on both sides” during the Mau Mau uprising in what experts said was the first recognition that the UK was also to blame.

A Foreign Office spokesman said the emergency period caused great pain on all sides, and marred progress towards independence But the government is refuting liability for the case, in which the claimants describe allegedly being castrated, sexually assaulted and beaten during their detention by the British and say they are still suffering consequences.The case could open the way for up to 12,000 Kenyans to seek redress. It was filed at the high court last year. Daniel Leader, a lawyer at Leigh Day, representing the claimants, said: “One … was castrated for supplying a cow to the Mau Mau.”

“The nature and scale of this abuse was unparalleled in modern British colonial history. The claimants are among the poorest in Kenyan society, and they still live with injuries from that period.”Historians have been through the public records, and the use of systematic violence was authorised at the highest level in London,” Leaderhe said. “We have the documents to prove that.”But the government decision to have the case struck out on technical grounds of state succession – the principle that countries assume liability for their own affairs after independence – has infuriated human rights campaigners, who accuse the UK of shirking its responsibilities for rights abuses in former colonies.

The Foreign Office is believed to be arguing on a rule derived from a case over licences to fish for Patagonian toothfish in the South Georgia and South Sandwich islands, British overseas territories. “The FO is arguing that responsibility for acts by the colonial government passed to the independent government in 1963,” Muthoni Wanyeki, executive director of Kenya Human Rights Commission, said.

January 20, 2010

Beyond Expectations

Beyond Expectations

Beyond Expectations: From Charcoal to Gold is as interesting as it is inspiring. It is the story of a freedom fighter and a cultural activist; the story of an astute businessman and a shrewd politician; the story of a generous family man and a philanthropist; the story of an eminent elder and a gifted storyteller. It is the story of Njenga Karume.

Njenga Karume’s phenomenal rise from a charcoal burner to a business magnate has been the subject of myths over the years. Yet, few can authoritatively relate Njenga’s journey from his humble beginnings during the colonial period to his current fascinating financial and political success.

In this autobiography, Njenga traces his early life right from birth in 1929, and takes the reader through the various spheres of his inspiring life characterised by an enviable work ethic, unpretentious patriotism, knowledge of human psychology and extraordinary intelligence. Here is an outgoing personality who was born in poverty, received minimal education and then, through his own initiative, ventured into business during one of the toughest times in Kenya’s colonial history. Yet, he succeeded in business beyond anyone’s wildest dreams and rose to such prominence and popularity that he became a respected politician and Cabinet Minister who interacted intimately with all the first three Presidents of independent Kenya.

January 15, 2010

Jitolee-Help Haiti

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January 9, 2010

Demanding 2009 Kenyan Census Results

For the third time in the last few weeks, the Planning Minister Wycliff Oparanya postponed the release of the census results, citing mundane reasons such as the ‘principals’ not being briefed, detailed stats being finalised and lastly, the classification by the new districts taking too long.Oparanya gave the districts issue as the reason for the postponement to until after June, arguing that administrative boundaries for the new districts were being sorted out by Office of the President.

When many residents requested for postponement of the census because of the drought then ravaging arid and semi arid lands, he derisively rejected it. Similarly, Muslims’ appeal for delay until after Ramadhan fell on deaf ears. And now, there is no hurry after all for the outcome. He even rubbished concerns that the Interim Independent Boundaries Commission work would be delayed, saying that ‘they can do other work in their mandate until then’. He could have released the general data, such as the population for the whole country, and by provinces. The districts data could then come much later.

The naivete of the minister was astounding, and the reasons he cited for the delay is spurious and inadmissible. For a start, the so-called new districts, numbering some 254 by July last year, are not binding on him legally. The High Court ruled last year that legally there are only 46 districts. For most, the notice of intention to create them may have been gazetted but the 209 additional districts have yet to be approved by Parliament as required by law.More importantly, when filling the census forms, the majority of Kenyans did not know of the new districts and simply gave names of the greater districts they hailed from, such as Mandera, Nyeri or Mwingi. For instance, how many families from the greater Mwingi districts residing in other parts of the country would know that it has been split into seven districts in the past three years?

And who made the decision to postpone the results? The minister himself, acting in the best interests of the nation, or on advice from the ‘principals’? Would the minister have the guts to postpone the results indefinitely without approval of his bosses? I found his argument that he postponed the December 31 announcement because ‘the principals had not been briefed’ ridiculous. As a Government, one would have thought that the appropriate procedure is for him to table the results before the Cabinet for approval, and thereafter to Parliament. What would the good minister do if the ‘principals’ ‘expressed their reservations’ on the results or failed to agree? It is common knowledge that one principal is a proponent of ‘one man one vote’ but the other has yet to fondly express his love for that maxim. Ethnicity was a requirement in the census forms as the key tribes sought to exercise their muscle in the quest for more political power and resources.

What would happen if the ‘Principals’ found the numbers of their kinsfolk wanting? Many Kenyans not happy with ethnic profiling in the census forms simply stated their ethnic group as ‘Kenyans’. Others have for the first time taken a very keen interest in the census. What would happen, for instance, if Somalis in North Eastern became three million?The demographic data is eagerly awaited by many sectors of the economy whose long-term investment decisions are influenced by the data. For the business community, the population, its characteristics, their economic status, incomes, and age are more essential than the new administrative boundaries in which they now live.For NGOs and other development actors, they are likely to be operating on medium to long-term periods. Hence, data on new district units may not influence their work immediately. For all of them, however, the integrity of data is vital.

For the Government though, the delay would mean that realignments in resource allocations in the budget would not be necessary, at least this year. The impact on development planning and service delivery will also be delayed. The boundaries commission may have to use 1999 figures or wait at the risk of being irrelevant — their term would have expired. Agenda 4 reforms on addressing inequalities will also be deprived of current relevant data, or may even be delayed on the census excuse.The political dimension is also important for the rulers too; power is about perception and persuasion of might. Which region has a higher population, or stronger economic power is vital for their campaigns and resource allocations.The delay will also impact on the planned referendum as the Interim Independent Electoral Commission sets its registration targets on population figures.So, in whose interests is the honourable minister working?

By Billow Kerrow

January 9, 2010

Protected: Final CoE Revised Draft Constitution PDF

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December 31, 2009

Happy New Year!!

December 25, 2009

Merry Christmas & Happy New Year

Glory to the new born King …Hail the heaven born Prince of Peace . … Glory to the new-born King! Jesus Christ King of Kings. Lion of Judah. Saviour  of the world . Immanuel, God with us
December 24, 2009

Ethnic Distrust Is As Deep As The Machete Scars

Washington Post December  24 th

KIAMBAA, KENYA — Nearly two years after a wave of post-election violence brought this East African nation to the brink of civil war, Joseph Ngaruiya has learned to ride his bike with one leg, the other having never fully healed from machete cuts. He’s learned to tolerate the “sorrys” and small talk of neighbors who he believes hacked him nearly to death and burned a church here, killing 36 people in one the worst days of the ethnic bloodletting.

What he has not managed, he says, is to summon sufficient faith in their apologies or in justice to keep him from buying an AK-47 once he gathers enough money.”To stay the way we were that time, unarmed, we can’t,” said Ngaruiya, 38, who was among hundreds of thousands of ethnic Kikuyus driven from this western farming region by Kalenjin tribal militias after the disputed December 2007 election. “Next time, it will be much worse.”

Despite a power-sharing deal and a reform agenda intended to rescue this nation from collapse, the situation remains dangerously volatile, troubling U.S. officials who are already juggling other worries in the region. With Kenya’s eastern neighbor, Somalia, at war with al-Qaeda-linked rebels and its northwestern neighbor, Sudan, sliding toward civil war, U.S. officials say a stable Kenya is more crucial than ever.But the coalition government of President Mwai Kibaki and opposition leader turned prime minister Raila Odinga has remained entrenched in the divisive tribal politics that led to the ethnic violence.The government has moved slowly on reforms, blocking any domestic judicial process for trying the perpetrators of the violence, who are widely believed to include Kenya’s political elites.The International Criminal Court recently announced its own investigation, which is likely to focus on a few top leaders alleged to have orchestrated violence.

“Leaders and people are going into their tribal cocoons, where they feel they are safe,” said Ken Wafula, director of the Centre for Human Rights and Democracy, a Kenyan human rights group. “Unless something is done, we are waiting for an explosion that would be very disastrous.”

Perhaps nowhere is the situation more fragile than here in the rolling, green Rift Valley. Some of the worst ethnic violence played out in this western region after Odinga accused Kibaki, who is Kikuyu, of stealing the 2007 presidential election. What followed has been described by investigations as a well-planned bloodbath in which Odinga’s Kalenjin supporters burned houses and farms and otherwise drove Kikuyus out of the Rift Valley with bows, arrows and machetes. Kikuyu gangs soon organized their own ethnically driven retaliation against Odinga supporters. In all, more than 1,000 people were killed.Though the tribal calculus could change this time, depending on political alliances in Nairobi, the capital, people speak with near certainty of a repeat of that violence, only this time with guns.

According to Wafula and others, Kalenjin and Kikuyu self-defense militias are forming, some of them including retired military commanders. And while reports of people buying guns are difficult to verify — and Kenya’s gun laws are strict — Kenyan police earlier this month intercepted a cache of 100,000 bullets, military-grade weapons and uniforms being smuggled with the assistance of local police, which has lent some credence to the claims.Sitting in his mud-walled house, Joseph Ngaruiya said that he knows where to get a gun when he’s ready.”You go near the swamp by the Ugandan border,” said the former shopkeeper, who rescued his wife, daughter and four boys from the burning church. “You can’t miss.”

It was late afternoon, and Ngaruiya ran his fingers absently along the machete scars that divide his face and crease his skull. He was tired from riding his bike to town, where he has tried without luck to find work. Groceries, shops, and bus and truck companies seem interested in hiring only Kalenjin these days, he said, because of the possibility that Kikuyu-dominated businesses will be burned, as they were last time.When he thought about it, he said, the post-election crisis taught him not that tribalism is a destructive tool of political elites but that his tribe is perhaps his only refuge anymore. The Kalenjin, he figured, have decided the same.”We Kikuyus, we are uniting,” Ngaruiya said. “And the Kalenjin, they follow their leaders so strongly. We know that. This thing has made tribalism stronger.”Kiambaa, a mostly Kikuyu community of yellowy fields and shaded red dirt paths, is relatively quiet these days; only about half of its residents have returned from tented displacement camps. Where the church was burned, two rows of low, wooden crosses, already overgrown with weeds, mark the graves of people who died inside, most of whom were women and children.Tensions here remain so high that local Kalenjin leaders objected to building more permanent cement graves or a memorial, saying it would amount to an admission of guilt, or even a curse.

‘It’s taking too long’

One of those objectors is Alfred Kiplamai Bor, an influential Kalenjin elder whose sprawling family farm is just across a barbed wire fence from Kiambaa. He is accused of helping to finance Kalenjin militias, which poured across his farm to attack his neighbors at Kiambaa, a charge he denies. Bor’s sons were recently acquitted in a Kenyan court of charges that they directed the militias and helped burn the church, a trial that many Kikuyu victims said was deeply flawed.

Bor, 88, calls Kikuyu neighbors “thieves” and accuses them of a sordid array of tribal practices that he calls “uncivilized.”"They are not wanted here,” said the elder, sitting at his home on a little hill, where he’s hosted some of Kenya’s top Kalenjin leaders. “To solve this thing, it’s very difficult.”Before the election, the Bors bought sugar and other goods from Kikuyus in Kiambaa. Kikuyus walked to Bor’s farm for milk and corn. With few exceptions, those simple gestures of trust have not resumed.

One of Bor’s sons, Emmanuel, said he does not share his father’s views, though he feels in some way captive to them. When the militias arrived at his farm on New Year’s Day — by his count, more than 1,000 young men smeared with mud to disguise their faces — he said he had little choice but to pretend to join them. Had he declined, he said, he might have been killed. When he arrived at the burning church, he said, his conscience told him to help. He said he yelled at the militias to open the church door before the building collapsed. He was there to rescue his neighbors, he said, not to burn them.

“These are people I’ve grown up with here,” Emmanuel Bor said. “I don’t know why they’ve not come back. This reconciliation is worrying. It’s taking too long.”He walked outside his house then, across his field, under the barbed wire and into Kiambaa. It was getting dark, and the silence of the place was odd.”This place was so full and busy,” Bor said, walking past burned-out houses. “But listen now — only bats. What keeps people away? I really don’t understand.” There are some Kikuyu neighbors who believe the younger Bor’s story and have been branded traitors for it. Others said that even if they wanted to believe him, they cannot.”We don’t know what they are planning,” said Regina Muthoni Nyokobi, whose mother died in her wheelchair in the church fire and who sometimes dreams of revenge. “We don’t know their hearts.”

By Stephanie McCrummen

Washington Post Foreign Service
Tuesday, December 22, 2009; A10

December 22, 2009

Statement On Mau forest Compensation

On behalf of the Deputy Prime Minister I would like to state as follows:-
Dennis Onyango’s statement on the Mau compensation raises certain issues that need to be addressed as follows:-

1. The Deputy Prime Minister Hon. Uhuru Kenyatta has only publicly discussed the issue of the Mau on two key occasions:-(a) At a fundraising to raise money to settle those displaced by the evictions from the Mau, where he attended in his personal capacity. What he said at the fundraising was that there was no need to add more tents when we are trying to remove others. The purport of his statement was that there was no need to have more displaced persons living in tents as we already were trying to deal with the settlement of the current IDPs. The statement is a matter of public record.(b) When he was responding to a media story that gave the impression that the government intended to pay out large sums of money as compensation to large landholders. He was categorical that no arrangement had been made nor any discussion entered into for any payment by the government. The government has not made any budgetary allocation for the payment of any compensation for landowners of any kind. He made the statement as the public were concerned and he was reassuring them that no arrangement as alleged had been entered into, and that is the position.

2. The Deputy Prime Minister Hon. Uhuru Kenyatta has never attacked any policy of the government on Mau at any time

3. The matter of resettlement of Mau evictees has been discussed by government, on humanitarian grounds, but there has been no discussion on compensation on large landholders, there is no contradiction in this regard.

4. The Deputy Prime Minister Hon. Uhuru Kenyatta has never at any time tried to play politics with the issue of Mau, and the allegation is not only baseless and unsustainable, but is in itself playing politics with Mau.

5. The ministry of Finance has not entered into consultations nor discussions with large land owners nor has he received any communication from any government department for any valuation or intent to pay large land owners. Further we have not factored any such payments into the current budget

In conclusion the Office of the Deputy Prime Minister and the Minister for Finance would wish to inform Kenyans that it is committed to maintaining macro-economic stability and implementation of sound financial management principles and policies. In this regard, the Ministry has and will remain focused on committed government programmes of which compensation of large land owners is not one of themThe Prime Minister is a principal in the coalition government and if Dennis Onyango has any reason to doubt a government statement issued in consultation with other government departments, he should not have responded through the media but should have done so through laid down government procedures.

Njee Muturi
Principal Liason Officer
Office of the Deputy Prime Minister and the Minister for Finance
22nd December, 2009

December 20, 2009

Sunday music

December 18, 2009

Copenhagen-Obama’s Dirty Tricks Sacrifice Africa

On the ninth day of the Copenhagen climate summit, Africa was sacrificed. The position of the G77 negotiating bloc, including African states, had been clear: a 2C increase in average global temperatures translates into a 3–3.5C increase in Africa. That means, according to the Pan African Climate Justice Alliance, “an additional 55 million people could be at risk from hunger”, and “water stress could affect between 350 and 600 million more people”.Archbishop Desmond Tutu puts it like this: “We are facing impending disaster on a monstrous scale … A global goal of about 2C is to condemn Africa to incineration and no modern development.”

And yet that is precisely what Ethiopia’s prime minister, Meles Zenawi, proposed to do when he stopped off in Paris on his way to Copenhagen: standing with President Nicolas Sarkozy, and claiming to speak on behalf of all of Africa (he is the head of the African climate-negotiating group), he unveiled a plan that includes the dreaded 2C increase and offers developing countries just $10bn a year to help pay for everything climate related, from sea walls to malaria treatment to fighting deforestation.It’s hard to believe this is the same man who only three months ago was saying this: “We will use our numbers to delegitimise any agreement that is not consistent with our minimal position … If need be, we are prepared to walk out of any negotiations that threaten to be another rape of our continent … What we are not prepared to live with is global warming above the minimum avoidable level.”And this: “We will participate in the upcoming negotiations not as supplicants pleading for our case but as negotiators defending our views and interests.”

We don’t yet know what Zenawi got in exchange for so radically changing his tune or how, exactly, you go from a position calling for $400bn a year in financing (the Africa group’s position) to a mere $10bn. Similarly, we do not know what happened when secretary of state Hillary Clinton met Philippine president Gloria Arroyo just weeks before the summit and all of a sudden the toughest Filipino negotiators were kicked off their delegation and the country, which had been demanding deep cuts from the rich world, suddenly fell in line.We do know, from witnessing a series of these jarring about-faces, that the G8 powers are willing to do just about anything to get a deal in Copenhagen. The urgency does not flow from a burning desire to avert cataclysmic climate change, since the negotiators know full well that the paltry emissions cuts they are proposing are a guarantee that temperatures will rise a “Dantesque” 3.9C, as Bill McKibben puts it.

Matthew Stilwell of the Institute for Governance and Sustainable Development – one of the most influential advisers in these talks – says the negotiations are not really about averting climate change but are a pitched battle over a profoundly valuable resource: the right to the sky. There is a limited amount of carbon that can be emitted into the atmosphere. If the rich countries fail to radically cut their emissions, then they are actively gobbling up the already insufficient share available to the south. What is at stake, Stilwell argues, is nothing less than “the importance of sharing the sky”.

Europe, he says, fully understands how much money will be made from carbon trading, since it has been using the mechanism for years. Developing countries, on the other hand, have never dealt with carbon restrictions, so many governments don’t really grasp what they are losing. Contrasting the value of the carbon market – $1.2 trillion a year, according to leading British economist Nicholas Stern – with the paltry $10bn on the table for developing countries for the next three years, Stilwell says that rich countries are trying to exchange “beads and blankets for Manhattan”. He adds: “This is a colonial moment. That’s why no stone has been left unturned in getting heads of state here to sign off on this kind of deal … Then there’s no going back. You’ve carved up the last remaining unowned resource and allocated it to the wealthy.”

For months now NGOs have got behind a message that the goal of Copenhagen is to “seal the deal”. Everywhere we look in the Bella Centre, clocks are ticking. But any old deal isn’t good enough, especially because the only deal on offer won’t solve the climate crisis and might make things much worse, taking current inequalities between north and south and locking them in indefinitely.Augustine Njamnshi of the Pan African Climate Justice Alliance puts the 2C proposal in harsh terms: “You cannot say you are proposing a ‘solution’ to climate change if your solution will see millions of Africans die and if the poor not the polluters keep paying for climate change.”

Stilwell says that the wrong kind of deal would “lock in the wrong approach all the way to 2020″ – well past the deadline for peak emissions. But he insists that it’s not too late to avert this worst-case scenario. “I’d rather wait six months or a year and get it right because the science is growing, the political will is growing, the understanding of civil society and affected communities is growing, and they’ll be ready to hold their leaders to account to the right kind of a deal.”

At the start of these negotiations the mere notion of delay was environmental heresy. But now many are seeing the value of slowing down and getting it right. Most significant, after describing what 2C would mean for Africa, Archbishop Tutu pronounced that it is “better to have no deal than to have a bad deal”. That may well be the best we can hope for in Copenhagen. It would be a political disaster for some heads of state – but it could be one last chance to avert the real disaster for everyone else.

December 17, 2009

Copenhagen: To Hell With The Environment! -Western Impunity

So a bunch of self-centred leaders are meeting in the cooler climes of Copenhagen for the common good of humanity. Pardon me for the emphasis on self-centredness. It is no secret that leaders think in terms of their national interest, which, in the capitalist west, also means the interest of Big Business — Big Oil and Big Industry. Global interest or global justice has meaning only when these leaders feel these concepts are useful tools to promote their national interest goals.

The love of power and more power and greed for wealth and more wealth have prevented the developed world from taking corrective measures to avert the coming climate catastrophe.To hell with the environment! The developed world, which comprises the main climate culprits, carries on regardless. They probably feel if they adhere to a binding convention they will have to commit themselves to less emissions. This they can achieve only by finding energy-efficeint alternative technology or by slowing down the pace of their industrialization.

lords of impunity

Until they find this technology, the developed nations are unlikely to put brakes on industrialisation. This was why the United States during the eight-year George W. Bush era rubbished the Kyoto Protocol, which could have acted like a dam to hold back the coming avalanche. The Bush administration’s environment policy ensured the least possible disruption of Big Business.

The election of Barack Obama has not changed much though he was good at stirring hopes. His administration’s decision this week to name carbon dioxide as a greenhouse gas — a gas that causes damage to the environment — was cosmetic and cannot be interpreted as evidence that the US is veering away from the Bush environment policies.

Obama the presidential candidate was far more environment friendly than Obama the president. During the campaign for the White House, Obama wooed young voters with words of a crusading climate activist. The energy section of the website Barackobama.com quotes him as saying, “For too long, politicians in Washington have been beholden to special interests, but no longer. Our new, responsible energy policy recognizes the relationship between energy, the environment, and our economy and leverages American ingenuity to put people back to work, fight global warming, increase our energy independence and keep us safe.”

In September, addressing a UN conference on environment, Obama said the “threat from climate change is serious, it is urgent, and it is growing. Our generation’s response to this challenge will be judged by history, for if we fail to meet it — boldly, swiftly and together — we risk consigning future generations to an irreversible catastrophe.”

Hope-stirring words, no doubt. But words are no substitute for action that can bring results. Like Obama, many world leaders do not hesitate to acknowledge the danger, but they lack the political will to respond to the crisis. They drag their feet when they are asked to take concrete measures aimed not at stopping the coming disaster but at delaying it. “Let it happen; when it happens, let us decide how to deal with it.” This appears to be the stance many  industrial nations have adopted, while exasperated scientists plead with them to take measures that would keep the average global temperature rise to a minimum 2 degree Celsius in the next decade. The Inter-Governmental Panel on Climate Change (IPCC) wants the emissions level to come down by 25 to 40 percent if we are to keep the temperature rise within the 2 degree threshold in the next five to ten years, but many developed countries have offered to meet only less that half the required percentage — 10 to 17 percent — and that too from the 1997 level and not from the current emissions level.

If there are any human beings living on Planet Earth in 100 years time, how Copenhagen will be remembered depends not on the decision of the world leaders at the do-or-die climate summit but on the implementation of the decisions. If no implementation, no survival.Given the self-centred behaviour of  Western nations, it is doubtful that they would act in the common interest of humanity. Take, for instance, China. Apparently worried that any commitment to drastic emission cuts would retard its economic development, it broke ranks with sinking small states which had pinned much hope on the current summit.

Copenhagen, the purpose of which is to adopt a comprehensive convention that will replace the Kyoto protocol, is likely to suffer the same fate that befell Rio and Kyoto, though everyone attending the summit acknowledges that they have gathered in the Danish capital for a defining moment.Well, we witnessed a similar urgency when the United Nations held its first climate summit in Rio de Janeiro in 1992 against the backdrop of capitalism’s victory over pseudo-communism in the 40-year Cold War. This summit adopted a couple of conventions on climate change and the 300-page Agenda 21 which sought to achieve sustainable development in the 21st century. Five years later, when they met in the Japanese city of Kyoto, the inadequacy of Rio in making the convention binding and the impotency of the nations in putting the measures into practice were obvious.

So they came up with the Kyoto Protocol and hailed it as the only international instrument to tackle global warming. But major polluters such as the United States  showed little interest in adhering to emissions levels prescribed by the protocol, which is set to expire in 2012.We are skating on thin ice which may crack at anytime and swallow us. Time is also not on our side. We must act now. We must be guided by values that uphold social justice and not by the lure of filthy lucre or the greed that makes us to amass wealth at the cost of death, destruction and destitution to the billions who inherit this planet, If we fail this time, we are doomed; and trying to find a solution when the catastrophe finally hits us will be too little too late.

By A.I

December 5, 2009

We Will Not Shield or Protect Officials

Kenya‘s prime minister, Raila Odinga, said his government “will not shield or protect” senior officials if they are indicted by the international criminal court for crimes against humanity committed during last year’s post-election violence.In an interview with the Guardian, Odinga voiced support for the Hague-based court whose prosecutor, Luis Moreno-Ocampo, said last week he would pursue a unilateral investigation into the 2008 bloodletting in which at least 1,133 people were killed.

The main suspects include several cabinet ministers, including some from Odinga’s party, who are accused of organising and financing ethnic-based attacks.Odinga’s remarks describing himself as holding “identical” views to Ocampo on the urgent need for justice to prevent future politically-inspired violence put him at odds with powerful ministers on both sides of the coalition, who are desperately seeking to derail the international process.

When parliament reopens they are expected to try to push through a bill creating a special local tribunal, in an attempt to weaken Ocampo’s case when he requests authorisation next month from the ICC’s pre-trial chamber to proceed with investigations. After meeting Ocampo in Nairobi last week, Odinga and Mwai Kibaki, the president, whose widely discredited election win kicked off the violence, released a statement saying they would co-operate with the court. But Odinga has gone further.

“We said that we will not shield or protect people found to have committed crimes against humanity,” he said. “That is what we told Ocampo.”

The ICC’s intervention is a tricky issue for both Kenyan leaders, who want to avoid alienating allies in their respective parties named by the government-funded Kenyan National Commission on Human Rights for allegedly orchestrating the violence. In Odinga’s case, it is ministers from the Rift valley region, who offered crucial election support to his Orange Democratic Movement party, who have the most to fear. The area saw the worst of the violence, as Kalenjin gangs attacked Kikuyu civilians from Kibaki’s party.

Some of the most senior Kalenjin MPs say the Rift valley bloodshed was a spontaneous reaction by Odinga supporters, who thought he had been cheated of victory. But Odinga rejected this, pointing to similar ethnic attacks around elections in the 1990s.”There had been conflict and clashes in some parts of the Rift Valley even before the election. During campaigns, there were fires [attacks] in Molo and Burnt Forest and so on. These were things that had nothing to do with the post-election protests. .. They need to be separated [from genuine protests],” he said. In Kibaki’s party, panic over Ocampo’s move is strongest among some senior MPs from his home region in Central province, who are accused of sponsoring Kikuyu gangs to attack opposition supporters. As part of a peace deal last year, Kibaki and Odinga agreed to establish a local tribunal to try those responsible for the violence. But when they presented a bill to parliament to facilitate this it was rejected.

The legislation was weak, human rights activists say, and Odinga said some MPs – and most Kenyans – had serious concerns that a domestic court would not be independent. But he said politicians involved in the violence had also helped to quash the bill, fearing that a local tribunal would move faster then the ICC.”They thought it would take 50 years before it [the ICC] reached the Kenyan trial. To them the ICC was like a parking place – put it [the case] there and park it there,” he said.Ocampo has said he will seek to bring cases against two to four people, perhaps as soon as next year, in order to prevent further violence during the next election. His decision to move quickly is broadly supported among Kenyans fed up with decades of high-level impunity. Odinga said he shared the concern about further violence in 2012, when he is almost certain to run for president again.

“My position is informed by what we have been through since the introduction of multipartyism … We had these clashes in 1992, then again in 1997 and 2002. This is happening because nothing has been done to stop it. My position is identical to that of Mr Ocampo,” he said.He said the police needed to be held to account for supporting the Kikuyu militias, but refused to be drawn on whether any of his party leaders might eventually be indicted by the ICC.”The mere fact that names have been floated is not sufficient evidence that people are culpable,” he said.

Civil society groups have criticised Odinga and Kibaki for refusing Ocampo’s request to grant him permission to investigate, which would have avoided the prosecutor have to seeking authority from the pre-trial chamber. But Odinga said that granting a referral would have been tantamount to admitting Kenya was a failed state. He insisted that lower-level perpetrators could still face justice domestically.”We told him [Ocampo] that we have not given up on the local process and have embarked on a very major reform of the judiciary and the police to try the bulk of the culprits locally.”

November 27, 2009

Mau Forest

-Nairobi — It was billed as a simple fundraising event for squatters evicted from the Mau Forest, but the loaded political speeches pointed to a new political grouping united by a common antipathy towards Prime Minister Raila Odinga.Key participants were Agriculture minister William Ruto and the chief guest, Deputy Prime Minister Uhuru Kenyatta, reflecting a regrouping of the Kanu leadership brought to the fore ahead of the 2002 elections.Another key Kanu leader of the time, Vice-President Kalonzo Musyoka, was expected to put in an appearance but sent his apologies, a donation of Sh100,000 and words of support.The three make up the so-called 3Ks, the mooted Kalenjin-Kikuyu-Kamba alliance seen by its promoters as the best way to stop Mr Odinga in his tracks come 2012.Mr Ruto, an ODM deputy leader, has been openly at odds with his party boss over the Mau evictions and a host of other issues ranging from public service appointments to proposals that key perpetrators of the post-election violence be tried, whether by a local tribunal or the International Criminal Court.

On Wednesday evening, the Eldoret North MP demonstrated his political clout by assembling 10 ministers and more than 50 MPs from across the political divide to launch broadsides at Mr Odinga.The powerful line-up at the Panafric Hotel raised Sh5 million, but the speeches made it apparent that the agenda was not so much the plight of the Mau evictees but the opportunity to hit out at Mr Odinga, who was variously labelled as dictatorial, dishonest and trouble-maker unfit to lead the country.A day before the event, it was rumoured that Mr Odinga had held a meeting with President Kibaki and asked him to prevail on Mr Musyoka and Mr Kenyatta not to attend as this would indicate a divided government. The latter’s entry was greeted by loud cheers.

Perhaps owing to the heat generated by the events of Wednesday night, ODM’s National Executive Council meeting destined for yesterday was called off at the eleventh hour. The timing was bad and it was reportedly feared the Raila-Ruto cracks would have exploded at the meeting, where party functionaries were to discuss the draft constitutionODM’s secretariat later explained move was due to requests by Muslim faithful who wanted to travel to their rural homes to join family during today’s Idd-ul-Hajj celebrations.Most speakers heaped praise on the triple “K” (Kalenjin, Kikuyu and Kamba) political alliance.Hard positions were taken at the function presided over by Uhuru.And as if to confirm he had been subjected to pressure from high office to skip the function touted as a means to painting Government negatively, the DPM reminded his audience that anybody opposed the harambee spirit was insincere and selfish.

Uhuru conceded he had been under pressure to skip the function “because majority of our people (Kikuyu) were uprooted from their homes during post-election violence and are yet to be resettled”.But even as the leaders rooted for the triple ‘K’ alliance, some MPs from Central castigated Uhuru for attending the fundraiser.Mr Mbau claimed Uhuru was attempting to enter into an alliance with the Kalenjin and Kamba without the blessing of Central Kenya people.”Uhuru should know that while Ruto commands the Rift Valley Province and Kalonzo the Kamba, he has no following in Central,” said Mbau.He said Uhuru had failed in uniting his people and yet “he is purporting to be their de facto leader”.

One can only Hope that Uhuru was at the Harambee in his personal capacity and not as the de facto leader of Central Kenya .The people love him but they hate presumption.Not Yet Uhuru!!!

Justin Mwangi

November 26, 2009

ICC-Kenyan Authorities Should Cooperate Fully and Hold Credible National Trials

(The Hague) – The request today by the International Criminal Court (ICC) prosecutor to the court’s judges to open a Kenya investigation is a decisive step toward justice for the country’s 2007 post-election violence, Human Rights Watch said. The move comes after more than a year of inaction by Kenya’s authorities on national prosecutions. The violence that followed Kenya’s flawed 2007 general election left 1,200 people dead, caused 600,000 to flee their homes, and brought Kenya to the brink of civil war. Kenyan authorities agreed in December 2008 to bring those responsible to account in national trials. In July 2009, they again agreed to do so or to refer investigation of the violence to the ICC prosecutor. But no action has been taken. During a visit to Nairobi on November 5, 2009, the ICC prosecutor, Luis Moreno Ocampo, said that he would seek permission to proceed with an investigation. “The Kenyan government has failed over and over again to keep its promises about justice for the election violence,” said Georgette Gagnon, Africa director at Human Rights Watch. “Kenya’s leaders should provide full cooperation if the ICC opens an investigation.” The ICC prosecutor can open an investigation using his “proprio motu” powers under article 15 of the Rome Statute, which created the court, if authorized to do so by the ICC judges. Today’s request is the first time the prosecutor has sought to use his article 15 powers. Three of the ICC’s four investigations resulted from voluntary referrals by states, while the fourth was referred by the UN Security Council.

“The ICC is a court of last resort, and when national authorities are unwilling to act, it is supposed to step in,” said Elizabeth Evenson, counsel in the International Justice Program of Human Rights Watch. “Today’s announcement shows that the ICC prosecutor can and will act on his own in situations of serious crimes.” If the ICC judges authorize an investigation, the court is still likely to bring only a handful of those alleged to be most responsible to trial. Following the prosecutor’s November 5 announcement, President Mwai Kibaki and Prime Minister Raila Odinga pledged cooperation with the ICC and action on national trials. Kenya’s justice system has substantial deficiencies, including a lack of independence. Several efforts to establish a special tribunal for Kenya have failed to garner sufficient support in parliament. Given these problems, further efforts to create a national special tribunal with international judges and prosecutors to provide accountability to mid- and lower-level perpetrators are essential, Human Rights Watch said. “The promise to prosecute those responsible for last year’s violence was central to the reform and accountability agenda agreed upon by the coalition government,” Gagnon said. “Kenya’s leaders still have a chance to make good on that promise by ensuring that any ICC investigation is complemented by credible national trials.” In determining whether to authorize the prosecutor to investigate, the three judges of the pre-trial chamber – relying on the materials submitted today by the ICC prosecutor – will consider whether there is a “reasonable basis” to proceed. Victims are also entitled to make their views known to the pre-trial chamber. Human Rights Watch urged the ICC and its prosecutor to apply lessons learned from its current investigations if it proceeds with a Kenya investigation. Human Rights Watch pointed in particular to the need to investigate all sides to the violence. Given the high levels of interest and public support for an ICC investigation in Kenya, Human Rights Watch also urged the court to create extensive outreach programs to provide objective information about the court’s activities as soon as possible.

Background

Following the violence set off by the controversial 2007 presidential elections, leaders of both parties agreed to set up the Commission to Investigate the Post-Election Violence (the Waki commission), an independent review committee to look at the flaws in the election (the Kriegler committee), and a truth, justice and reconciliation commission to help heal historical grievances dating from before the 2007 general elections. The Waki commission recommended wide-ranging reforms of the police as well as the creation of a special tribunal for Kenya, independent of the judiciary, anchored in a constitutional amendment and staffed by both Kenyan and international judges and prosecutors. In the event no special tribunal was established, the Waki commission recommended that former UN Secretary-General Kofi Annan, who was chair of the panel of eminent Africans who negotiated the National Accord that led to the coalition government following the divisive election, hand over a sealed envelope prepared by the commission and containing the names of suspects to the ICC. Annan handed over the envelope and other materials from the Waki commission to the ICC prosecutor in July. The International Criminal Court is the world’s first permanent court mandated to bring to justice perpetrators of war crimes, crimes against humanity, and genocide when national courts are unable or unwilling to do so.

There are currently 110 states parties to the ICC. The ICC prosecutor has opened investigations in the Democratic Republic of Congo, northern Uganda, the Darfur region of Sudan, and the Central African Republic. Based on those investigations, 13 arrest warrants and one summons to appear have been issued. The ICC prosecutor also is looking at a number of other situations in countries around the world. In addition to Kenya, these include Colombia, Georgia, Cote d’Ivoire, Afghanistan, and Guinea. The Palestinian National Authority also has petitioned the ICC prosecutor to accept jurisdiction over crimes committed in Gaza

November 17, 2009

Harmonized Kenyan Draft Constitution PDF(November)

Update May 6th 2010 :

The Final Kenyan Referendum Draft Constitution PDF

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November 9, 2009

Prof Kibwana On Consitutution

After two decades of constitution-making and three successive constitutional drafts – Constitution of Kenya Review Commission (CKRC) Draft, Bomas Draft and Wako Draft – will the Experts’ Draft finally deliver the phalarope, Kenya’s new National Charter?Since the l980s and especially in the l990s, Kenyans in their corporate struggles have established that their country will henceforth be a land of freedom. No leader or group of political leaders can establish a dictatorship in Kenya.Although the written new constitution has so far not materialised we have however, put behind us personal rule authoritarianism. After 10 years of President Mwai Kibaki’s open society oriented leadership style – what some call ‘laid-back governance,’ no imperial leadership will be possible unless the leader(s) wish to foment civil strife. I believe in any space that is Kenya, Kenyans have appropriated their space.

The year 2010 is significant because this must be the year we legislate our new found freedom through a constitutional framework. We shall then have declared ourselves: Kenya, land of the free and opportunity.In my view, we must overcome the following obstacles, among others, to guarantee an enduring constitutional settlement. The political elite must desist from viewing the generation of a new constitution as a battleground for succession politics or the fulfillment of other partisan interests.The Committee of Experts (CoE) which is charged with the life-giving role of mid-wife for the new Peoples’ Charter must demonstrate it is only supportive of the National Interest and not the narrow interests of any sector.

CoE must also play honest broker in the negotiation process for a new Katiba. CoE must demonstrate respect and of course, necessary firmness, in its dealings with all stakeholders in constitution-making. CoE must honor the views of Kenyans presented to the constitution-making harambee and only use these, first and foremost, as the material for the constitution-in-making. Critically, constitution making is about give and take. The Social Contract that is a constitution must reasonably accommodate the aspirations of all sectors of our society.

We need a governance and citizenship framework that will secure Kenya’s nationhood, development, peace and stability. Therefore, if the 30 days’ public debate of the Experts’ Draft does not observe the give and take principle, then the constitution is likely to abort once again. If give and take is embraced in the final negotiations of a new constitution for Kenya, then the Referendum or vote for the new constitution will be an easy ride.

We must thus mobilise Kenya’s latent genius which always helps us to avoid national cataclysms at the last hour. We peacefully achieved regime change after Moi. We overcame full-fledged civil war in 2007/2008. We never went under after Kenyatta’s demise.A new constitutional order therefore must, through a national consensus, replace the independence constitution that during one-partyism was made a One-Party State Constitution through prolific amendments. To become a middle economy, Kenya needs a facilitative constitutional framework. Contentious issues must be negotiated, but ultimately the New Constitution is Non-negotiable.

Prof Kibwana

October 24, 2009

Obama: Kenya Is Not Ghana….Britain’s Colonial Legacy Has Undermined Its Moral Authority

A success story undone by corruption

Sunday, October 25, 2009

Accompanying the fanfare of President Obama’s visit to Ghana in July was a chorus of well-founded praise for that country’s functioning democracy. The U.S. president pointed to his host country as a shining example, while warning other nations on the continent that “Africa doesn’t need strongmen, it needs strong institutions.” Political pundits and the media reinforced Obama’s message, holding up Ghana as Africa’s success story.

Not so long ago, Ghana shared the limelight with Kenya, the country of Obama’s paternal past. But the vote-tampering and widespread ethnic violence that marred the 2007 Kenyan elections left observers shaking their heads, wondering how the idyll of East Africa could have gone so wrong, so quickly. A well-functioning, multiparty government buoyed by an impressive 6 percent annual growth rate had made for a potent combination in the post-colonial dream world.

The blurring of fantasy and reality, however, was laid bare in the smoldering rubble of election violence that left some 1,500 Kenyans dead and at least 300,000 internally displaced. Journalist Michela Wrong provides a very important and illuminating account of Kenya’s present-day political and economic morass. On one level, “It’s Our Turn to Eat” reads like a John le Carré novel as it traces the cloak-and-dagger maneuverings of Kenya’s political bosses, and the heroic but futile attempts of John Githongo — the government’s internal, anti-corruption watchdog, and the protagonist of Wrong’s account — to stymie them.

On a deeper and much richer level, the book is an analysis of how and why Kenya descended into political violence more than a year and a half ago. For Wrong, the insidious bedfellows of corruption and tribalism inhabit nearly every sphere of Kenyan existence. At the upper echelons of government, members of parliament connived to defraud the country of some $750 million through the notorious Anglo-Leasing scheme; at the lower levels of society, the ordinary Kenyan doles out on average 16 bribes a month to government agents simply to get by.

These factors, as Wrong points out, have been present in Kenya since the inauguration of the country’s first independent government in 1963, despite the rather rosy and misplaced image that characterized the nation, at least in the Western media, for decades. First, under the leadership of Jomo Kenyatta, the Kikuyu, Kenya’s ethnic majority, benefited disproportionately from the state’s spoils. Kenyatta surrounded himself with a coterie of loyal ethnic supporters who systematically excluded non-Kikuyu from participating in their quest for power and ill-gotten wealth.

Subsequently, when Daniel T. arap Moi took power in 1978, the new president continued with the tribally based corruption. Only this time, Moi, who came from the ethnic-minority Kalenjin of western Kenya, redirected the flow of wealth and power to his tribal base of supporters. For the Kalenjin and other closely related tribes, it was their turn to eat.

It was Githongo — a Western-educated, physically imposing and exceedingly shrewd man — who was to herald the literal and symbolic end to this vicious cycle of corruption and ethnic favoritism. When Mwai Kibaki, a Kikuyu, took presidential power in 2002, he declared his election a mandate for reform and appointed the young Githongo, also a Kikuyu, to root out the old bogies that had undermined Kenya’s progress. It wasn’t long, though, before Githongo’s starry eyes cleared, only to find his revered mentor, Kibaki, knee-deep in the corruption game, with a supporting cast of legislators aiding and abetting theft from the state’s coffers.

With much drama, Githongo eventually fled Kenya, taking with him piles of documents and secretly taped conversations. He landed on the London doorstep of Wrong, an old acquaintance. Given this personal connection, Wrong is notably self-aware of her position as both author and partial subject of her own book. Indeed, her personal involvement scarcely compromises her excellent analysis of Kenya’s twin evils; rather, she deftly points to the fact that corruption and tribalism are not endemic just to Africa, but inhabit the contemporary, worldwide landscape, and that complicity reaches to all corners of the globe as well.

If the old-boy system is not an African artifact, and if undemocratic processes have no boundaries — many a Kenyan will snicker at the mention of a hanging chad — how then does Wrong make sense of the localized events in Kenya? By “probing the roots of a dysfunctional African nation” and its British colonial legacy, as well as Kenya’s more recent entanglements with the likes of the World Bank and Britain’s Department for International Development, Wrong takes a decidedly Paul Wolfowitz-like stand. That is, political systems are at the heart of the problem and must be reformed if there is any hope for the alleviation of poverty — and not just in Kenya.

It’s difficult to argue against Wrong on this point, though the roots and solutions to Kenya’s problems are far more embedded in the country’s past than she suggests. Colonial Kenya — with its white tribe of settlers and administrators, economic monopolies and perpetuation of African tribalism, and a governor who ruled with highly centralized powers and a posse of loyal underlings to support him — bears an uncanny resemblance to the country today. Moreover, while Wrong praises Britain’s former highest-ranking ambassador to Kenya, High Commissioner Edward Clay, and his anti-corruption stance, she fails to mention that, while Clay was making his strongest denunciations of corruption, the full impact of Britain’s colonial violence and coverups was finally being disclosed in Kenya.

Britain’s colonial legacy has undermined its moral authority and continues to influence processes in Kenya, no matter how complicit Africans have been in perpetuating corruption and tribalism. The historical phenomenon of colonialism and its long-term impact vary across the continent, making the trajectory of a former settler colony such as Kenya distinct from that of Ghana, and many other African nations, for that matter. If strongmen are to be eliminated and institutions reformed — as both Obama and Wrong urge — then the historical differences among various African countries, and the ways in which these differences inform and shape present-day governing structures and cultures, must be thoroughly understood.

Caroline Elkins is a professor of history at Harvard University and the Pulitzer Prize-winning author of “Imperial Reckoning: The Untold Story of Britain’s Gulag in Kenya.”

October 23, 2009

Kikuyu Judendienstordnung-Neo Colonial Home Guards

* Written after reading David Makali’s article in a Kenyan Daily “The kikuyu problem We must Address” and Mutahi Ngunyi’s “Why the House of Mumbi Must Climb Down

Kikuyus by name only remind me of the Jewish Ghetto Police in Nazi Europe.(Jüdische Ghetto-Polizei-Judendienstordnung), also known as the Jewish Order Service that was also active in most of the Nazi concentration camps. Members of the Judendienstordnung did not have official uniforms often wearing just an identifying armband (Kikuyus by name only).They were used by the Germans primarily for securing the deportation of other Jews to the concentration camps.Germany is greater than being Jewish was their rallying call .

It may be hard to imagine that there were Jewish Police during the Shoah (Holocaust)after all it was often the German and Polish Police who victimized the Jews.

Early in the Reich, there were Jewish supporters of the Reich just as in any other groups. As the Reich grew stronger, and as the Civil Rights Restrictions of 1933-35 were enacted, most Jews were forbidden to hold all public offices,a solution aimed at  addressing historical injustices( sound familiar ). One exclusion however was in the camps and ghettos . While the Ghettos such as Warsaw, Lodz, and Krakow were guarded by the Nazis, they often had their own police forces comprised of Jewish officers for ‘peace-building’. This did not guarantee perfect treatment of the people under their care however, but one has to remember that the populations in the ghettos were starving, mostly poor, faced with disease and often brimming over: Warsaw ghetto at one time may have had over 500,000 in the space fit for a tenth of that. The Jewish police there faced the same problems other jews would face in the same circumstances.But they held strong to Germany over Jewish heritage.

Today in Kenya we have our own ‘peace builders’  who chant that  being Kenyan is greater than our ethnic identity.(Kikuyus by name only) .Our very own  Judendienstrdnung, the Maina Kiai’s,Macharia Gaitho’s John Githongo, Binyavanga Wainaina,  Mutahi Ngunyis.An interesting lot,Supported by Obama bought and paid for by British tax payers.

For starters  they only see the wrong  their community does and never what others have done.They see stolen elections and attacks in Naivasha but fail to see the pre election violence and demonizing campaigns against their own.They see the Naivasha violence in a context of ethnic tranquility and national harmony reigning ,blind to the Kiambaa violence and mass genocide against their people . Human rights to them only apply to other ethnic groups. They call for democracy by kilometer rather than one man one vote why? because  the concept of democracy they claim to fight for really doesnt matter .‘These neo-colonial home guards say “We have to have a Non-Kikuyu leader for Kenya”.Their vast left wing conspiracy says corruption is only corruption when Kamau does it .When others do it ,it is not corruption. Ethnic militias like Mungiki are heaven sent when they worship at the altar of ODM principalities,that their human right are more important than those they have killed in Kirinyaga.

I guess when  a new Kenya dawns and all the anti Kikuyus have their way ,the Kiai’s and Githongo’s hope they will be overseeing us behind the barbed wire.They  just don’t realize that their fate will only be like ours.

Joe Ndungu

October 23, 2009

Kalenjin Leaders Must Do More

Where is the Kalenjin Council of Elders

October 19, 2009

Protected: Susan Rice Over Her Head On Sudan.

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October 8, 2009

Post Election Nightmares

Those who committed heinous acts during last year’s post-election chaos are probably having endless nightmares.Yesterday, a man stunned a court by demanding life imprisonment, claiming he torched houses when Kenya went to the brink of chaos.The man, who has been charged with being drunk and disorderly, also claimed Mungiki gangs were after him because of his involvement.

Mr Clement Wafula claimed police had refused to lock him up even after presenting himself at two stations.A packed court was thrown into confusion and disbelief as the man sought the heavy sentence despite undergoing two mental tests.He appeared before Kapsabet Senior Resident Magistrate Gerald Mutiso for being drunk and disorderly last December 18.Wafula shocked the court when he said he wanted to be charged with arson in Uasin Gishu District during post-election violence.He claimed he presented himself to Eldoret Police Station, but was chased away. The same happened at Kapsabet Police Station, but he was later arrested for being drunk and disorderly.

No peace of mind

The former tout claimed he would be secure in police custody, having received threats for his role.He said he had moved to Lodwar and Mt Elgon, but could not find safety and wanted to be jailed for life or at least 30 years to be safe from members of the outlawed sect.He claimed some of his friends had allegedly died mysteriously for their heinous acts.The claims prompted the mental assessment at Kapsabet District Hospital, and a second one at Moi Teaching and Referral Hospital, Eldoret. A report released on January 21 found him fit to plead. Court orderlies said investigators have been dispatched to establish the man’s claims, but they have found no clues.

Yesterday, Mr Mutiso ordered the probation department to investigate the credibility of the accused’s utterances, his home and work place, and report to court on October 21

September 14, 2009

Ndura Waruingi Interview With Jeff Koinange

Capital Talk Interview Parts 2,3&4 Youtube Video Page
September 5, 2009

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*Cartoon by Gathara- from Gathara’s world

September 3, 2009

Response to Deceptive Moralist Defence By Kikuyus 4 Change of Kalenjin Community

By Daniel Weru In response to Kalenjin Bashing-This Emerging Trend Must Be Stopped

Kikuyus for Change have just released a statement. They believe that ethnic stereotypes are harmful.

Having experienced the harm resulting from ethnic stereotypes, they’re, understandably, determined to speak out against misrepresentations of other communities as a whole. In their view, there has been serious misrepresentation of Kalenjin as a community — it’s unclear just what this amounts to, but it seems to be a variation on collective responsibility. If Kikuyus for Change are right, it is widely believed that Kalenjin are perpetrators of (significant portions) the PEV; that they are destroying the Mau; and that they are the source of discontent on coalition governance issues. Against this unfortunate state of affairs, Kikuyus for Change argue that Kalenjin are not as a community perpetrators of PEV; and that they are not as a community Mau forest occupiers. We are given exactly one reason for that: those actions – the PEV; the entrance, destruction of and refusal to leave the Mau – are not the responsibility of Kalenjin because they are the actions of individuals.

This is the sort of empty and deceptive moralism that gives advocacy organisations in Kenya a bad name.

First, though, a word about the argument. The structure should be familiar: members of a group have done some terrible things; the group is then accused of collective responsibility for those acts; it is argued, felt, or feared that the members of the accused group will be victims of bigotry. A defender of the group has three options: accept collective responsibility; deny collective responsibility; or deny that collective responsibility has anything to do with it. If he accepts collective responsibility, then the defender has to show that this group doesn’t bear collective responsibility for this act: maybe they didn’t do it, or they knew not what they did, or whatever. If he doesn’t accept collective responsibility, then it makes no odds what the group did: even if the group performed the act, it can’t be held responsible. Alternatively, the defender of the group could simply say that even if the group were collectively responsible, that wouldn’t justify bigotry against it, because ethnic bigotry is just wrong.

Kikuyus for Change supply a desperately inept version of the first, when they should have gone for the third; their moralism lies in telling untruths for (what they suppose to be) good ends. Remember that they said that the actions for which Kalenjin are held communally liable are the actions of individuals. It is clear, I think, that they aren’t denying collective responsibility; rather, their point is that even if there is collective responsibility, it doesn’t apply in this case: Kalenjin aren’t collectively responsible for, say, the PEV. The problem with that move is simple: that the actions were committed by individuals does nothing whatever to show that there’s no communal liability for them. That follows from a very simple fact: groups acts through individuals, so it is entirely possible for a communal act to be performed by an individual. Think about the President’s assent to a bill. It is an act performed by the individual who happens to hold the office at the time; it is also an act by which the state, and therefore the groups of people who constitute the state, promise to obey a certain rule. Think also about a murder, carried out by a group of three men, who jointly plan and bring it off. Roughly speaking, it’s enough, for there to be collective moral responsibility, for a group to deliberately perform an act. The group of murderers is constituted of individuals; it is their actions which constitute the planning and commission of the murder. What makes them jointly responsible is their joint deliberate participation in the joint enterprise. But that joint deliberate participation is composed of individual acts. So the fact that the actions were performed by individuals is entirely consistent with collective responsibility for them; merely noting that the actions in question are the actions of individuals is a hopeless defence to the charge of collective responsibility.

More to the point, it deliberately overlooks facts which are common knowlege. The PEV in the Rift Valley was carefully-planned, and there was wide communal involvement. (See, for example, the Human Rights Watch report). All sorts of independent evidence suggests that the violence had the consent of a significant proportion of Kalenjin; and the consent, planning and participation of those properly empowered to act in the name of the community (Ashforth, Lynch, Waki). There is pretty good evidence of wide, if not quite universal, Kalenjin approval of the consequences of the violence (Ashforth, Lynch). And, again, there have been well-reported efforts to institutionalise the consequences of the violence: segregated schools, for example. In the example I gave earlier, the consent and particpation of all the members of the group was taken to be sufficient for collective responsibility. So it might be argued that the lack of either rules out collective responsibility in this case. That’s too quick. Collective responsibility can accrue to a group for an action even when not all its members approve or participate. The clearest example is war. It’s often taken to be the case that a duly-elected head of a state or a nation has the power to commit the state or nation to a war, with the collective consequences that that brings. It’s also true that a President, say, need not be elected by the entire nation to gain that power — all that’s necessary is a majority of the vote. Donald Kipkorir’s devotion marks the extent to which the Kalenjin political class is the duly-empowered representative of the Kalenjin nation, It is tolerably clear that the Kalenjin political class arranged the relevant bits of the post-election violence, tolerably clear that they were acting in their capacity as leaders of the Kalenjin nation in doing so, and tolerably clear that there is near-unanimous Kalenjin support for the consequences (if not, perhaps, the means) of PEV. That is why it ought to be conceded that Kalenjin bear collective responsibility for it.

It’s essential at this point to distinguish kinds of collective responsibility. I have in mind the following distinction: there is a kind of collective responsibility in which each member of the community is liable (and may therefore be punished) for the actions of the entire group; and there’s the kind of collective responsibility which does not distribute in this way — where we should say that the community is responsible for the acts, but in which it doesn’t follow that each member of the community can therefore be punished for the communal act. The clearest example of the first is the first example above, the joint-murder case, in which all the deliberately participants agree to kill. The Kalenjin-communal case is of the latter kind, mostly, I think, because while there was a piece of deliberate group activity, it is also clear that this was not unanimous. To recognise collective Kalenjin responsibility is not to call for communal punishment of Kalenjin.

But suppose you don’t agree. You think that there’s no Kalenjin communal responsibility for the PEV. You should still think that the Kikuyus for Change argument is foolish. Think about like this: rape is bad, regardless of the identity of the intended victim. The prohibition against rape isn’t contingent on whether or not the intended victim is, say, a rapist: even rapists ought not to be raped. If you’re looking for reasons not to rape someone, and the best you can come up with is that they’re not a rapist, you need to buy a new moral compass.

The Kikuyus for Change argument against anti-Kalenjin bigotry is of exactly this type: instead of saying the simple and true thing — that ethnic bigotry is bad, independent of the identity of its victims — they say the complex and false thing — that anti-Kalenjin ethnic bigotry is bad because Kalenjin aren’t communally responsible for PEV. They seem unable to see the point that anti-Kalenjin bigotry is bad because it is wrong, not because Kalenjin are right.

August 25, 2009

Traditional Leadership and Institutions( South African Example)

Towards a White Paper on Traditional Leadership and Institutions: Discussion Document

Discussion Document towards a White Paper on Traditional Leadership and Institutions

Traditional Leadership and Governance Bill

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August 19, 2009

Chlopak, Leonard, Schechter and Associates

Kenya’s hiring of CLS & Associates, a top Washington public relations firm to improve the country’s image in the US is a positive pointer that the country’s leadership has realized the power of a good image. However, the deal that will reportedly cost the taxpayer a whooping $ 1.7 Million over the next two years begs disturbing questions: why do we have a bad image in the first place? What steps are we taking to correct the cause of the bad image?

Hiring an image firm to sanitize the country  when the country can’t feed its people; has wanting governance; can’t protect its citizens against crime; can’t supply electricity; can’t supply water and is selling parcels of land to multinationals  is  like washing a  cup on the outside and leaving its inside dirty.

A western firms for example used to  sanitize the late Omar Bongo did not stop the suffering and poverty of black Gabonese villagers .It wont work in kenya.We are living in a world of blogs,live TV and constant media coverage.Hiding the truth is almost impossible.

Kenya ought to improve its PR by being accountable to the electorate; promoting ethnic cohesion; instituting an efficient and credible judicial system; and creating an environment that will spur individual innovation and productivity.

Chlopak, Leonard, Schechter and Associates

We should shame Chlopak, Leonard, Schechter and Associates for accepting kenyan tax payers money when  kenyans are starving.The Kenyan government may have no shame but CLS & Associates…………..???African leaders are known for having no morals.But when people are dying of hunger and insecurity accepting money that could be used to save lives is just evil…CLS & Associates shame on you.

August 16, 2009

Catalogues Of Failures

Najivunia Kuwa Mkenya Swahili  for  “I am proud to be a Kenyan”  that is conspicuously printed on colourful hand bills circulated by the office of the Government Spokesman, Alfred Mutua.  The Spokesman is always reluctant to elaborate to curious Kenyans on what to be proud about in the country whose Golden Jubilee is less than four years away.  Like any other citizen,  Dr Mutua is too familiar with the habitual chest thumping, self praise while the country mires in catalogues of failures that so far outweigh its successes. Our shortcomings and misplaced priorities are many and countless; but few examples illustrate the gravity of policy weaknesses and laxity in moving this country to another level.

lundy_chart_02The proud and enduring Kenyan sleeps on an empty  stomach because the shameless political class have depleted the strategic grain reserves in a race to a millionaire status. Rains have failed, drought has set in, livestock are dying in numbers as famine looms large with 10 million people threatened with starvation Eighteen months ago even a fool knew there would be famine after post election violence uprooted farming families from crop fields in the bread basket Rift Valley region. No emergency measures were put in place to forestall the looming disaster by those who want Kenyans to believe that everything is okay in the country that often boasts success in the vicinity of imminent failure.

The income per capita of some of the Asian Tigers was lower or compared to Kenya at independence in 1963.  Today, we are shameless beggars of famine relief from countries that were no better in economic terms. More than four decades later the country still imports sewing needles, razor blades and other cheap items from China amongst other Asian countries. Amongst third world countries, Kenya is a lucky one that should be the last to be lumped together with failures.  It boasts infrastructure,  industries and communications network  unsurpassed by its contemporaries save for South Africa.  Because of its strategic importance, the country hosts the headquarters of two UN specialised agencies whose expertise and resources are at the disposal of the country to push itself to role model level.  There are no immediate tangible plans to do away with unplanned settlements in urban areas and in the cities that house the United Nations Human Settlements Programme (HABITAT) Ironically, the country is home to the biggest slum in Africa amongst others that mushroomed in the post-independent period.Another UN agency on environment, the United Nations Environment Programme (UNEP) is based here but the country is far off from being an environmental conservation model given the raging debate on water catchments destruction and careless waste disposal.   Unfortunately, we have not reciprocated the honour to host  these UN bodies.

It is worth noting that the leadership of this country once declared poverty, ignorance and disease as number one national enemies.  Today, these enemies are not our best of friends but are incontestable bedfellows of  some of  who survive on less than a dollar a day and resident in the many unplanned urban settlements.Mr Government Spokesman, do the foregoing scenarios strike you as success stories to be proud of or should we be an object of self  pity?. Time  to  conduct a postmortem  on  when the rain started beating us  is now not tomorrow before reference is made on fifty years of  lost and missed opportunities. Some of the countries with success records never chest-thump but do a lot of soul searching on how to  put food on the table. It is not a distant dream here though. A constitution should  be amended  now to allow  for a dual citizenship  so that  Kenyans  in the Diaspora  can  participate  in building this economy.

Those who suffer in silence are not amused at the Najivunia campaign  posters but make a mockery of the phrase “Navumilia Kama  Mkenya”.

By J .Kamotho


August 15, 2009

Jimmy Kibaki

………..” Simama Kenya “

August 14, 2009

Kenya: Deliver Justice for Victims of Post-Election Violence

(New York) – The Kenyan government has reneged on commitments to deliver justice for the victims of post-election violence, Human Rights Watch said today. On July 30, 2009, the cabinet announced that, contrary to previous agreements, it would not establish a special tribunal, but would rely instead on a “reformed” national judicial system to investigate and prosecute the perpetrators.An independent domestic court with international participation remains the best option to start establishing accountability and the government should immediately adopt legislation to establish the special tribunal, Human Rights Watch said.”Bringing justice to these victims is the most urgent test of the coalition government’s willingness to resolve Kenya’s crisis,” said Georgette Gagnon, Africa director at Human Rights Watch. “The cabinet just resoundingly failed that test.”

The July 30 announcement is a U-turn from the government’s previous position that the Kenya justice system is deeply flawed and that the regular courts were unlikely ever to bring senior politicians and government officials to face justice. The recommendation of the Waki Commission on Post-Election Violence, which the government accepted and promised to implement in December 2008, was to establish a special tribunal independent of the high court and with international participation to investigate and prosecute the suspects.

“The argument for a special tribunal has always been that the Kenyan judiciary lacks independence, and the necessary root-and-branch reforms of the entire justice system will take years,” Gagnon said. “The idea that the existing judicial system can deal with the senior politicians and government officials who allegedly incited and organized the killing is an insult to the memory of those who lost their lives.”

As recently as July 3, the Kenyan government agreed with the International Criminal Court (ICC) prosecutor in The Hague that by the end of September it would set out clear benchmarks for a “special tribunal or other judicial mechanism adopted by the Kenyan Parliament.” The government had agreed that if there was no parliamentary agreement on such a mechanism, it would refer the case to The Hague.Parliament rejected the draft legislation establishing the special tribunal in February, and since then, there has been no parliamentary debate, let alone agreement on the issue of how to deal with the suspects.

Kofi Annan, the chair of the panel of eminent Africans who negotiated the National Accord that led to the coalition government, repeatedly extended the time for the Kenyan government to take action on a national solution. On July 9, Annan handed over the Waki Commission’s evidence and its sealed list of suspects to the ICC, a step the commission had recommended in the event that a special tribunal was not established.

“After months of delay, the cabinet has finally declared that it is unprepared to carry out the principal task for which the coalition government was formed: to end Kenya’s decades of impunity,” Gagnon said. “The only credible option for the government to gain public confidence is to establish the special tribunal immediately or to refer the cases to the ICC.”On July 27, foreign ministers of the European Union called on Kenya to establish the special tribunal, along with carrying out the broader reform agenda provided for in the National Accord.

“Reforms of the national judicial system are badly needed, but they alone will not bring to account perpetrators of the worst crimes committed during the post-election violence,” Gagnon said. “The US and Kenya’s other international partners should insist in no uncertain terms that, until an independent judicial mechanism is established in Kenya, there can be no ‘business as usual’.”Any judicial mechanism adopted by the Kenyan parliament should conform to the recommendations of the Waki Commission and international standards – principally, that it should be independent of the High Court and the attorney general, that constitutional immunity provisions should be waived, and that suspects charged before it should resign their posts pending prosecution.

The cabinet also announced planned changes to the Truth, Reconciliation and Justice Commission (TRJC) although it did not provide specific details. Human Rights Watch said that changes that strengthen the commission are welcome, but could not be a substitute for credible prosecutions consistent with international fair trial standards.

Commentry by Human Rights Watch

August 7, 2009

Martha Karua On Mungiki

NSIS.Admits Mungiki Has Infiltrated Government

Mungiki gang members have established themselves in every sector of the Kenyan government, according to the National Security Intelligence Service.

The spy agency made the disclosure while responding to questions from the Parliamentary committee on National Security and Administration.The committee, which sought to establish the number of people killed by organised criminal gangs in Nyeri East and Kirinyaga West districts between April and May, tabled a report of its findings in Parliament on Thursday.

The NSIS told the team that media coverage and propaganda were partly to blame for challenges the government faced in its war against the group and other criminal gangs.

Martha Karua On Mungiki

August 6, 2009

Nairobi Bubble

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August 5, 2009

Harvesting And Destroying Our Crops

Charles was one of the main suppliers of arrows and machetes in the violence that rocked Kenya’s Rift Valley last year. Eighteen months later, he and his Kalenjin tribe have not buried the hatchet.Some of the worst violence that followed the disputed December 27 polls was carried out by the Kalenjin tribe against the country’s dominant Kikuyu tribe and little in the way of reconciliation has taken place since.”We are ready to fight any time the alarm is raised, we have the weapons and we know how to use them,” said Charles, 35, who asked for his real name not to be revealed.A small lamp sheds a feeble light on his emaciated and determined face, as he gazes towards the Kerio valley, a remote part of western Kenya where few roads, no mobile telephone network and few police patrol can reach.

“For the Kalenjins, land is inheritance and you can’t share it with a foreigner,” he said, referring to the Kikuyu tribe of President Mwai Kibaki, who was maintained in his job by an internationally-backed power-sharing agreement despite widespread accusations that he rigged the results.During the post-election chaos, at least 1,500 people were killed nationwide, and the Kalenjins attacked Kikuyus whom they consider to have settled their ancestral lands.”We have decided to give peace a chance, but if the Kikuyus cannot honour their agreement, then we will go another way and anything can happen,” warned Peter Kipkurui, a tribal elder and farmer.

“The Kikuyus came to settle here, they should respect our community.”The deal brokered by former UN chief Kofi Annan last year brought an end to the fighting but its implementation has stalled on several key issues.Many Kalenjins feel they got the rough end of the stick and explain they will only accept the Kikuyus’ continued presence in their heartland under certain conditions.”If the Kikuyus try to vote like the local community wherever they are, it will be better and people here won’t have any more bad feelings towards them,” said Francis Samoei, a 48-year-old local farmer.Francis and many of his local tribesmen flatly deny any responsibility for and sometimes the very existence of what happened in early 2008. “It’s not people from this place who perpetrated that, they came from far,” he said.In a nearby camp for displaced Kikuyus, local leader Peter Maina worries that his community continues to be demonised, and says there are insufficient guarantees for them to go home.

“These Kalenjins don’t consider us their equals anymore. They just want us to leave so that they can remain alone, that’s why they keep on harvesting and destroying our crops,” he said.”They told us that we need to forget about what happened, that it was Satan who did all that chaos.”

In Gitwe, a small village near the city of Eldoret, the segregation has been institutionalised, down to the school system.Anthony Mwangi has never seen his former Kalenjin classmates since the violence. They now go to a “Kalenjin only” school on a nearby hill. His school, which was partially destroyed, is now a school for Kikuyu pupils like himself.

“The Kalenjin are afraid and guilty of what they did during the violence,” said Anthony, a well-built 17-year-old in a beige uniform.Gitwe school’s head teacher, Peter Ashimosi, says the psychological impact of the violence is still felt by the children and warns that the lack of interaction between the communities risks engendering more problems.”Before the violence, the school was a mixture of ethnic groups. The children were mixing freely, there were no tensions at all,” he said.

“It’s believed that the one’s who burned the schools are from houses down the valley (Kalenjin), so the Kalenjin parents feared retaliation and pulled out their children,” he explained.Across the ridge from Gitwe, is Lomok school having only Kalenjin pupils and teachers. Ann, a teacher, lamented that the “segregation will affect overall peace.”"The pupils will just learn that it is wrong to live with other communities,” she added.Veronica Wanjiru, 16, expresses the distrust that continues to take root in Kenya’s Rift Valley.

“They didn’t come back because they knew what they did: they burned houses, our school, they killed people,” said the young Kikuyu girl, who still lives in a camp with her grandmother.

“I had two good friends that I miss. But even if they come back, I won’t be so close to them because I can’t trust them any more.”

Ruben Kebatta explains that he will not let his 14-year-old twins interact with Kalenjins anymore: “We are still very bitter; we lost a lot of property and lives,” he said.”May we dwell in unity, peace and liberty.” The words of the national anthem the Gitwe schoolchildren sing under the Kenyan flag every morning have a hollow ring, with no reconciliation in sight.Charles doesn’t begin to make any apology for the 2008 violence and his complaint that his tribe is systematically discriminated against seems to carry the promise of more unrest.

“If the people didn’t fight last year, we would not have a power-sharing government, we would not have justice, just a stolen victory… I think it was necessary for the people to fight.”

August 4, 2009

July 31, 2009

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July 30, 2009

The Trail of the Serpent

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.”

July 24, 2009

Truth Commission Politics

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

July 20, 2009

“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.