Monday 6 August 2012

RE: [wanabidii] Sycophancy is a deseas: Raila's charm offensive on muslims

Judy,

You have all the rights to write critical comments regarding Odinga because people have the right to know the truth and facts so that they can make better judgements and politica/social decisions.  However it would have been very constructive and helpful for you to write critical comments pertaining to the other big five i.e. Kenyatta, Mudavadi, Kalonzo, Ruto and probably Wamalwa so that people have balanced information that they can use to gain insights of the presidential candidates.  I bet you for people who are constructive, with balanced approach, objective and who are not biased, or influenced with tribalism, gender or origins may find your writings useless.  If you love Kenya and you want the best for Kenya then get a balanced picture of all the candidates for people to compare and contrast. Attacking Odinga without providing alternative leader for people to choose is a waste of time.

This is just a personal advice from a person who is East African and interested to see a better East Africa that can work together for the good of East Africans because together we could achieve a lot which we need to transform our economies from backward to developed economies

Cheers

Herment


Date: Mon, 6 Aug 2012 10:31:11 -0700
From: jbatec@yahoo.com
Subject: [wanabidii] Sycophancy is a deseas: Raila's charm offensive on muslims
To: jbatec@yahoo.com



 

People,

 

I dont understand what these Omeras' (Okello, Afwande and Tom) mean or are up-to in what they comment about my writing. What is gibberish in my writing that they don't understand when others who want dont find it that difficult? If they feel that my writings, contributions, messages or comments that I make are below them, they are not obliged to read them. If according to them they are unintelligent or nonsensical, it is therefore, not meant for them to read. In-case I am using highly technical or esoteric language which is confusing to them; the fact remain that, people learn everyday and it is time for them to learn something new in socio/economic and Political commonly used vocabulary and jargons.

 

It is for them to chose to accommodate what they like and have an option not to read what they do not like. No one is forcing anyone to read or boggle their mind with none relevant issues. I am pleased that, we are gaining momentum and our aim and objectives for Peace, Unity and Love, is bearing fruits and that; my messages is not only difficult for them to read or understand, but is going places far and wide; to the heart of the International Global Regions of the world and is equally read down into the local villages in Kenya. The reality is too painful to accept.

 

Unfortunately, the "Omeras" will have to swallow some bitter pills that come with justification Legal measure of non-compliance to the commitment of Oath Agreement requirement as per Chapter 6 Reform Change. Sad to say, their egocentric cannot hold much but; will surely cave in. Whether they like it or not, they must face legal justification verdict of omission or commission with Integrity reality check.

 

Cheers everybody.....!!!
 


Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com
 
 
 
 
--- On Sun, 8/5/12, Kuria-Mwangi <kjmwangi@gmail.com> wrote:
From: Kuria-Mwangi <kjmwangi@gmail.com>
Subject: [uchunguzionline] Robert Alai on Raila's sycophants.....
To: "progressive-kenyans" <progressive-kenyans@googlegroups.com>
Cc: "uchunguzi online" <uchunguzionline@yahoogroups.com>, kenyaonline@yahoogroups.com
Date: Sunday, August 5, 2012, 11:28 PM

Hi Lee

I am sure you have been following Alai on his tweet like most of us. He has been attacked by some for being too pro Ralla but you must
give it to Alai. He calls a spade a spade and on this one, he has said a few words to those who dont want to see or hear anyone criticize Rao.

This could be a lesson to those threatening to "punish" us for forwading articles which do not praise Rao. Alai has a word or two for those fellows.

Read below what ndugu Alai said incase you missed his tweets. Dont you like Alai?:)

Robert Alai on Raila sycophants:


Robert Alai @RobertAlai

We will question Raila and if you don't want him to be questioned, put him in your pockets and let him not vie for public seat


You support #Raila, you are not allowed to criticize him. Will someone who has not started supporting him be allowed to criticize him?

If you are truly honest with Raila, allow him to be criticized by even his supporters. Pelekeni ukibira huko Kamkunji rounds.

@RailaOdinga must show that he is not a pretender. When he runs away from questions, he proves #Miguna right.

... I have faith in @RailaOdinga but am not a sycophant to follow blindly. Only "gods" can be perfect humans are to err cc: @RobertAlai

People say I support @RailaOdinga too much but he could not stomach my questions on Friday and decided to un-follow. weird!!

... I have faith in @RailaOdinga but am not a sycophant to follow blindly. Only "gods" can be perfect humans are to err cc: @RobertAlai

@RobertAlai With this arrogance, @RailaOdinga's sycophants are making him lose more votes everyday! Next year watalilia kwa bafu!

When they attack honest critics, Raila's sycophants are rigging him out of the presidency. I hope no one will be blamed come 2013

@RobertAlai to criticize rails or who you support doesn't mean you are hating on him. let's not be hypocrites

Raila's opponents are also getting over themselves trying to own me. Everywhere I turn, I see ujinga.

RAO supporters are not balanced. Wen @RobertAlai praises their man, they cheer him; when he criticizes 'baba' they fly off the handle! #fail

--- On Fri, 8/3/12, Pharis Macharia <pharis.macharia@gmail.com> wrote:

From: Pharis Macharia <pharis.macharia@gmail.com>

Subject: [PK] Re: RAILA ODINGA revealed from 30 years ago: EXCLUSIVE

To: "progressive-kenyans" <progressive-kenyans@googlegroups.com>, "ProgressiveMinds" <ProgressiveMinds@yahoogroups.com>, youngprofessionals_ke@googlegroups.com

Date: Friday, August 3, 2012, 3:57 PM

On Fri, Aug 3, 2012 at 11:38 PM, Pharis Macharia

<pharis.macharia@gmail.com> wrote:

· Let us go straight to the subject matter: "Since its inception over four decades ago, the Odinga political machine, in Luoland and in the rest of the country, has made it a practice to exploit poor but energetic youth to fight its opponents by violently intimidating and disenfranchising voters who do not support it. It was a method which was initiated by the senior Odinga and which was perfected by the scion of his political dynasty, Raila Amolo Odinga, who swam in a river of blood in August 1982 to gatecrash into Kenya's political theater with the first stint in detention, that year.

· Raila's penchant for violence dates back to his student days in East Germany where he was involved in a savagery violent encounter with an East German soldier. In the company of another Kenyan student called Odero Ojwok, Raila was drinking in a hotel together with some female students, they wanted, when East German soldiers who were interested in the white ladies came and a brawl ensued. While Raila held one soldier by the neck in true Kenyan ngeta fashion, Odero Ojwok opened the soldier's stomach with a knife, spilling out all his intestines.

· Pandemonium broke out in the hotel and alarm bells were promptly

> pressed in the appropriate quarters. In a matter of minutes, colleagues of the badly wounded soldier arrived in the hotel and beat the living daylights out of Raila and Odero Ojwok.

· In the process of the brutal beating, Raila was flung against the hotel's French window where he smashed his face, causing the scar which was/is visible on the face for many years. He also broke his jaw and lost some teeth causing him to stammer, henceforth.

· Raila and his Kenyan colleague were beaten up so badly that by the time the police came, Raila could hardly lift himself off the ground. He was rushed unconscious to hospital where he was admitted in critical condition.

· Raila had gone to Germany in July, 1962 after dropping out of standard seven, at Maranda Intermediate School, in the second term. Raila's travel to East Germany was facilitated with the help of the then Kenya Office in Cairo, in Egypt, during the rule of Gamal Abdel Nasser. Kenya was still a British colony then and Kenyans who were still all British passport holders and subjects of Her Majesty were not encouraged to travel to East Europe, even to pursue education. Raila was denied a passport.

· Together with other students who were also East Europe bound, he traveled to neighboring Tanzania where they were met by the Regional Commissioner of Dar Es Salaam, Mr. Dolla Athman, at the then ruling party TANU headquarters on behalf of President Julius Kambarage Nyerere, in Dar Es Salaam.

· As guests of the government of Tanzania, they were booked into Hotel Intercontinental in downtown Dar Es Salaam, where they remained for 14 days while the Tanzanian government processed travelling documents for them, including passports. The entourage then left Tanzania en-route to Eastern Europe via Kenya, where they stopped over, this time, as Tanzanians since they were now Tanzanian passport holders and, by extension, citizens of that neighboring country.

· The late Julius Gikonyo Kiano who came to bid them farewell accompanied by Achieng Oneko, Bildad Kaggia and Kariuki Karanja Njiri, gave them each 100 shillings and a pen. Raila was taken to River Road by his colleagues where they bought him a jacket with part of his one hundred shillings.

· The following day the entourage left Kenya and landed in Cairo, Egypt, where they were accommodated along Zamaleck Street minus Raila who was detained and quarantined at the airport pending inoculation.

· A few years later, he returned to Kenya and joined the staff of Nairobi University for a brief uneventful stint before joining the Kenya Bureau of Standards as Deputy Managing Director, a post he left in disgrace for his stint in detention, in 1982, following the macabre events of August 1st that year.

· A lot has been written; many things have been said about the abortive coup of August 1982 but many people agree that it was a day of collective grieving in Kenya; the day Nairobi saw the face of Satan. The capital city saw rape, pillage, plunder and murder on a frightening scale, with Asian women bearing the brunt of the atrocities.

· At the center of this mayhem was the Odinga political machine which was attempting to take over State control by martial fiat. Senior Private Hezekiah Ochuka Rabala, who was the ring leader of the rebels, was on the payroll of the Odingas with a brief to step aside for the old man as soon as the State machinery had been captured.

· Behind the scenes, Raila also wanted power and had the coup succeeded, he had a separate plan for a counter-coup!

· In mid-July that year, Snr. Private Hezekiah Ochuka had been loaned a Peugeot 504, registration number KVZ 042 by the Odingas to assist him in making preparations to topple the government, on their behalf.

· On 18th of that month (July), as a personal emissary of the late Jaramogi Oginga Odinga, Raila visited Ochuka's house at Umoja Estate, in Nairobi, where together with Ochuka and other airmen, (he) discussed plans to overthrow the government. He subsequently made a follow-up meeting to this with Ochuka on 30th July at the Little Aden Bar, in Umoja, in addition to a series of other meetings in the course of that month with Ochuka, Paul Geno Okello, and the late Robert Odhiambo Ndege at the Mausoleum Bar, in Buru Buru Estate and at Ong'ere Bar, in Shauri Moyo.

· On the night of July 31st and August 1st 1982, Raila occupied the house of Vincent Otieno along Ngong Road where he assisted Snr. Private Ochuka, and other airmen, to use the house as a centre for operation in their plans to take over the government that day. Earlier in the day, together with the late Opwapo, who died in exile in Sweden, Raila took a lamp and two accumulator batteries to the same house for the use in the course of establishing a rebel command post.

· In addition, Raila's Peugeot 504 registration number KVZ 042 was loaned to Ochuka and Sgt. Ogidi Obuon. The vehicle enabled the duo to fetch an "SSE" army Land-rover for use in the course of establishing a rebel command centre at Vincent Otieno's residence, among other things.

· The Odingas also loaned Ochuka another vehicle, a Peugeot 305, which belonged to their family friend for purposes connected with the abortive coup.

· The coup was crushed by loyal government troops at great cost in both human life and property. The entire Kenya Airforce was disbanded and with it, hundreds of careers were ruined at the stroke of the pen. Dozens of the airmen who took part in the mutiny were court martialed and jailed for long stretches while the ring leaders including Ochuka, Corporal Bramwel Injeni Njereman, Pancreas Okumu Okeyo and Robert Odhiambo Ndege, among others were sentenced to death and all hanged at Kamiti.

· The civilian mastermind and financier of the coup, Oginga Odinga, escaped with a brief stint under house arrest while Raila who was initially arraigned for treason along with Alfred Vincent Otieno and Otieno Mak'Onyango, was released on a technicality and promptly arrested and detained!

· It later transpired that the Odingas had cut a deal with the government that they had tried to overthrow to be spared in order to assist Moi bring down Charles Njonjo! This was the quid pro quo for the substitution of treason charges against Raila with detention. It was not a surprise to those in the know therefore, when during the inquiry into Njonjo's activities, Raila was briefly brought out of detention without trial to testify against Njonjo.

· Indeed, it was his "evidence" that finally helped the Commission to nail Njonjo on allegations that he had been party to the conspiracy to overthrow President Moi's government, in August 1982.

· The Inquiry against Njonjo heard testimony from a total of 62 witnesses, including Raila, and took 106 working days before it completed its work. The Commission's report of the Inquiry was made public on December 12, 1984 and soon afterwards, President Moi announced a pardon for Njonjo who then went into political hibernation.

· Twenty one years later after Raila was brought out of detention without trial to testify against Njonjo, the former Attorney General returned to the national political limelight as one of Raila Odinga's most ardent supporters in 2005, two years before the disputed 2007 elections.

.What has changed in the last twenty seven years to make Njonjo who hated Luos with a passion and especially the Odingas, turn full circle into one of Raila's ardent supporters and a "born again" friend of theLuos?" Nothing to add: enough said!

Everything is in black and white.

Pharis G Macharia.

ALIPHA LOGISTICS.

0721239845.OPEN 24HRS 7DAYS A WEEK 365/6 A YEAR.

As Long As God sees Me Tomorrow

 

 

-----Original Message-----

From: "MWANGI, CATHERINE" <C.MWANGI@AFDB.ORG>
Sender: progressive-kenyans@googlegroups.com
Date: Thu, 2 Aug 2012 04:36:04
To: progressive-kenyans@googlegroups.com<progressive-kenyans@googlegroups.com>; mwanyagetinge@yahoogroups.com<mwanyagetinge@yahoogroups.com>; uchunguzionline@yahoogroups.com<uchunguzionline@yahoogroups.com>; changemombasa2012@yahoogroups.com<changemombasa2012@yahoogroups.com>; newvisionkenya@yahoogroups.com<newvisionkenya@yahoogroups.com>
Reply-To: progressive-kenyans@googlegroups.com
Subject: RE: [PK] Re: [Mwanyagetinge] FW: Re: [NVK-Mageuzi] Re: [uchunguzionline] 'Bring me down and kill the reform dream'

Andrew, Raila "lovers" will not entertain any discussion as long as its not in support of Raila. Immediately Tuju declared his candidacy, it was claimed here that he was paid by Kibaki just to hurt Raila. When Mudavadi stood, he also was "bought" by Uhuru and Ruto, also to hurt Raila. So all these people are puppets, dancing to other peoples tunes. The only straightforward one is the one and only Raila. Surprisingly, no one has paid Peter Kenneth or Karua to hurt Uhuru. Do you begin to see?

And we have heard why Tuju is not loved in Luoland - he has told them to get off their butts and work like everybody else, and stop lamenting this eternal song of theirs "Kenyatta did nothing for us, Moi did nothing for us and Kibaki did nothing for us" so they are waiting for Raila to get in the big House and do things for them. Go on waiting, the rest of us went to work long ago, you just continue sitting, waddling in self-pity while time waits for no man.


----Forwarded Message----

From: ackeros2001@yahoo.com
>To: nvk-mageuzi@yahoogroups.com, uchunguzionline@yahoogroups.com, africa-oped@yahoogroups.com
>Cc: progressive-kenyans@googlegroups.com, kenyaonline@yahoogroups.com
>Sent: Mon, Jul 30, 2012 2:03 AM CDT
>Subject: Re: [NVK-Mageuzi] Re: [uchunguzionline] 'Bring me down and kill the reform dream'
The reform dream was achieved when the new constitution was promulgated in August 2010. It has since been hit so hard under the PM's watch and it is right now in the hosptal bed. How else does one explain to the people if the biggest reform package, the General Elections, continue to be postponed and the new constitution likewise continue to be mutilated? The delay is infact, a derivative of a quiet mutilation of the new constitution. Needless, to emphasize the time required by the manipulative corrupt Kenyan elites who have always used the trick of delay to achieve their objective. There is definitely an increased number of the current elected leaders who strongly feel this new constitution should be tailored to 'status quo' friendly. The new constitution remaining as it were, has the potential to eliiminate almost the entire leadership of the current MPs. Most of them are corrupt and some of them have dismal performance and the voters are waiting for >them. The PM has become almost comical in his efforts to hoodwink Kenyans, when he said in his inteview with the Nation, that it is said 'give a dog a bad name and kill it' end of quote. It shoukd be: ' give a dog a good name and hang it.' This misquoting of a famous quote is deliberate and is misleading. It is intended to misdirect the minds of Kenyans to accept his generalized response to Miguna Miguna's illumination of the skeletons in the PM's dark closets. Kenyans yarn for a leadership with values and ideals. The PM has broken every rule of that of a reformer and therefore, not fit to form a credible Government.
Andrew Kerosi
On Sun, Jul 29, 2012 7:48 AM CDT margaret gichuki wrote:
Wo,wo,wo...................................nsis.....icc?????
rings a bell....???
Not a good strategy...and certainly not the best way to answer Miguna's >burning issues in his book.
Doe one need funding to write a book? The Hon.PM in my view should have continued with the deafening silence or let his legal advisor scribal
something down like he did last week.
On Sun, Jul 29, 2012 at 5:34 AM, Kuria-Mwangi <kjmwangi@gmail.com> wrote:
Rao has said alot here and put fire on MM feet. This wont end soon.
Mr Odinga said the National Security Intelligence Service (NSIS) and his
political competitors had encouraged and funded Mr Miguna Miguna to write a
book aimed at damaging his character with the sole aim of stopping his
campaign for State House.


--- On Mon, 7/30/12, Judy Miriga <jbatec@yahoo.com> wrote:
From: Judy Miriga <jbatec@yahoo.com>
Subject: 'Bring me down and kill the reform dream'
To: wanakenya@googlegroups.com
Date: Monday, July 30, 2012, 5:17 PM



Maurice & Paul,
I can see you have chosen to blind fold my statement. It is okay if
that is what you prefer. My statement is simple and clear in a very
balanced manner. Let us not loose the sight of the bigger picture
that; although we must differ at times, we still are and belong to one
big family which is Kenya. Difference of opinion is healthy and is
acceptable. It helps with critically seeing things differently and also
makes it possible to move forward progressively united under love.
Cheers !!!


Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com


--- On Mon, 7/30/12, Maurice Oduor <mauricejoduor@gmail.com> wrote:
From: Maurice Oduor <mauricejoduor@gmail.com>
Subject: Re: 'Bring me down and kill the reform dream'
To: wanakenya@googlegroups.com
Cc: "Judy Miriga" <jbatec@yahoo.com>
Date: Monday, July 30, 2012, 12:26 PM

Judy,

So is Miguna's book now your Bible? You believe everything he said in the book? If you do, then I must applaud you for your intelligence.

Courage



On Mon, Jul 30, 2012 at 11:36 AM, Judy Miriga <jbatec@yahoo.com> wrote:

Folks,

Miguna Miguna wrote a memoir; on account of personal experiences as an author, and in the same book of "Peeling the mask" he outlined a biography of what he believes in and a quest for justice in political landscape he found himself engaged in. As a report, he offered a scientific intelligent insight of scholarly view points in segmented topics to share with the society and the world. In short, Miguna Miguna has put his share of history in the perspective.

It is now open like any other book out there for discussion, criticism, debate, to be read as novel or used as reference or show-case for any other usage by anyone as may be found necessary by whoever feels deem fit for any purpose they wish.

Consequently, every other person wishing to do the same, is welcome and free to write their story and publish. However, whether Miguna has a High Intelligent Quotient, brilliant, has a gab for English literature or otherwise; and although what has been written may not all be the Gospel truth, we may disapprove or approve in part or whole, the fact remain that he achieved the purpose for writing the book. Reality and Truth will soon come to light. Where there is smoke, there is fire..........!!!

Cheers everybody......!!!

Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com
Miguna's Tell-All Book
Published on Jul 16, 2012 by K24TV
Analysts: Raila's credibility seriously wounded
Prime Minister Raila Odinga will not be sitting pretty in the coming months.After his former trusted aide and adviser Miguna Miguna cast him as corrupt in his book, peeling back the mask.Damning revelations that will not doubt erode the confidence Odinga once enjoyed among Kenyans as a reformer.

Raila's team in secret talks over Miguna row

Prime Minister Raila Odinga. Photo/FILE
Prime Minister Raila Odinga. Photo/FILE
By ISAAC ONGIRI iongiri@ke.natiomedia.com
Posted Sunday, July 29 2012 at 23:30
In Summary
  • Group in two-day retreat to craft new political strategy ahead of elections
Prime Minister Raila Odinga and his campaign think-tank on Sunday went into a retreat to craft a new strategy to deal with the effects of politically damaging revelations contained in a book written by a former aide.
Mr Odinga is hosting the strategy meeting at an undisclosed venue within the city. He is expected to launch his political programme later.
The PM, who returned home from an official visit to China early last week, is expected to hold sessions with selected Cabinet ministers, MPs and members of his campaign secretariat.
A source in Mr Odinga's camp revealed that participants in the retreat include political advisers and technocrats led by head of his campaign James Ongwae, Mr Oduor Ong'wen and a few university dons contracted to beef up the PM's campaign advisory team.
Cabinet minister James Orengo and Budalang'i MP Ababu Namwamba have also been invited to the strategy meeting.
"It is an in-house meeting to compare notes and discuss how to move forward," Mr Namwamba said.
On Monday, the team will expand to include more MPs, the secretariat and selected officials from his campaign lobby group, Friends of Raila (Fora).
"We are going to be locked away in a strategic phase for two days," confirmed Mr Barack Muluka who is the Director of Communications at the PM's campaign secretariat.
The PM's campaign will resume on Thursday to implement the strategy agreed on during the retreat, he said.
"We are organising a massive campaign never seen in this country before," revealed Gem MP Jakoyo Midiwo.

'Bring me down and kill the reform dream'

Prime Minister Raila Odinga. Photo/FILE
Prime Minister Raila Odinga. Photo/FILE
By EMEKA-MAYAKA GEKARA gmayaka@ke.nationmedia.com
Posted Saturday, July 28 2012 at 23:30
In Summary
  • "Miguna's book is sponsored by anti-reform forces, the NSIS and my opponents. It is just a campaign tool. That is why I have decided to give it the contempt card"
Prime Minister Raila Odinga has accused the national spy agency and his political rivals of using his former legal adviser in a bid to block him from ascending to the presidency.
Mr Odinga said the National Security Intelligence Service (NSIS) and his political competitors had encouraged and funded Mr Miguna Miguna to write a book aimed at damaging his character with the sole aim of stopping his campaign for State House.
In a candid interview with the Sunday Nation at his Karen home on Saturday, the first personal reaction to Mr Miguna's book, Peeling Back the Mask, Mr Odinga described the allegations in the book as "cooked up", saying the primary objective was to assassinate his character.
Mr Odinga, who spoke on a wide range of issues including the next election, the controversial award of a tender by the electoral commission, security and a court ruling unbanning the Mombasa Republican Council, said the corruption claims made by Mr Miguna in his book were unlikely to injure his presidential dream.
He said the book contained "no material evidence" linking him to any malfeasance except slander whose "shelf live is too short".
"The book is sponsored by anti-reform forces, the NSIS and my opponents. It is just a campaign tool. That is why I have decided to give it the contempt card," he said.
"It is the work of anti-reform forces. I have been associated with reforms and they know that if you target Raila, then you will kill the reform dream."
Mr Odinga summed up his opponents' strategy thus: "Hit at my character, pull me down and kill the reform dream."
According to the Premier, who has been challenged by a number of leaders to comment on the graft allegations in the book, the real fear is full implementation of the new Constitution which contains radical reforms targeted to address devolution, equity and other grievances.
"They say if you want to kill a dog, give it a bad name. Even the Mau Mau freedom fighters were demonised by the British."
The Miguna book accuses the PM of corruption and nepotism, among other things.
It paints the PM's office as dysfunctional, a den of corruption and a place where underhand deals are rampant and generally condoned. Mr Odinga is also projected as an iron-fisted man who favours his relatives for State jobs.
The Premier narrated how after Mr Miguna's sacking, media investor Patrick Quarcoo pleaded with him to reinstate his former adviser on "humanitarian grounds".
"Quarcoo said that he (Mr Miguna) was in bad shape. That he needed to pay school fees. We agreed that he returns to work but he refused and started talking about writing a book. That's when the forces exploited him."
Mr Odinga said that by that time, Mr Miguna was surviving on income from writing a weekly column in The Star newspaper, but Mr Quarcoo told him the money had become too little.
"It is telling that a man who came crying that he could not pay his children's school fees now can afford a holiday in Canada," the PM said.
He said the book had presented an opportunity for some of his opponents to cleanse themselves. "You will notice that the language has changed about some of my opponents. Those who Miguna previously called demons are presented as angels in the book."
He said the forces behind the book were "the same people saying 'let us not look at the rear mirror' ".
"Because the rear mirror shows the dark era of political assassination, repression, ethnic discrimination, Golderberg, Nyayo House torture chambers, suppression of media and the assassinations of JM Kariuki and Pio Gama Pinto and Raila in Kamiti."
The rear mirror reminds us of the mistakes of the past, he said.
Mr Odinga claimed that anti-reform forces were determined to paint him as an opportunist, an anarchist, corrupt, tribalist and anti-reform.
He accused Mr Miguna of waging a smear campaign and defended his Permanent Secretary, Mr Mohammed Isahakia, and Chief of Staff Caroli Omondi over allegations of involvement in the maize scandal, saying they had been cleared by investigations.
Commenting on other current issues, Mr Odinga asked the electoral commission to ensure transparency in the award of the biometric voter registration tender, saying continued wrangles risk tainting the team's credibility and delaying polls.
"If voter registration is delayed, some people will be disenfranchised. The commission must solve this matter speedily and transparently considering the cost to the taxpayer."
He laughed off claims that he was one of the leaders behind a plot to push elections to August next year. He blamed the plot on individuals who are ill-prepared for the polls. "They want to buy more time because their calculations are not adding up. I am ready for the elections."
He stressed that he still prefers that the election be held in December.
"The March date does not make sense to me. It is a new math by the High Court but historically we have held our elections in December except in 1983," he said in reference to the High Court decision placing the polls in March 2013.
The ODM leader dismissed as "propaganda" reports that he was reaching out to Eldoret North MP William Ruto who has decamped from the Orange party. "I have never contacted him over possible cooperation. He has launched his political party. We wish him well."
Mr Odinga expressed confidence that he will put up a strong fight for the presidency, saying the departure of his former allies had not weakened him.
He defended himself against criticism that he had pushed Deputy Prime Minister Musalia Mudavadi, Mr Ruto and former Tourism minister Najib Balala out of the Orange movement.
"People forget that the three were initially not with me. They were forced to join me after I defeated them in the September 2007 presidential primaries," he said.
Mr Odinga said that Mr Mudavadi and Mr Ruto — both his former deputies in the party — decamped because they could not beat him in the primaries.
"Each of them has a burning ambition. Mr Mudavadi looked for an excuse to leave. I am not the problem. None of them is willing to face competition. Otherwise why are they not in the same party?"
The premier said that he had acquired new friends as he prepares his presidential campaign launch. He cited members of the ODM-Reloaded team who he described as energetic and youthful.
"A political party must be dynamic. You cannot depend on the same set of people all the time."
Mr Odinga further said that he had settled on a different set of names for the Police Service Commission and forwarded them to President Kibaki for discussions.
"We want a competent commission that will oversee recruitment and promotions in the police service."
The PM backed the High Court ruling lifting the ban on the Mombasa Republican Council.
However, he cautioned that the ruling should not be misunderstood as an approval of secession.
The government outlawed the Mombasa Republican Council (MRC) in 2010, describing it as a "criminal group".
He said the court's decision should open doors for dialogue and formal engagement with the government.
"They should renounce their demands for secession and dialogue with government. The court said that the MRC should apply for formal recognition and pursue their interests within the law," he said.
The PM's declaration was in conflict with a move by the office of the Attorney-General which has said it will appeal the High Court's ruling that the ban was unconstitutional.
The major concern is that it could embolden the MRC's push for secession.
The MRC accuses the government of marginalising the indigenous ethnic groups living in the Coast, which is also the centre of Kenya's tourism.
Mr Odinga noted that the MRC grievances — including land distribution, unemployment, historical injustices, and authoritarianism— were not isolated.
"The same situation obtains in North Eastern Province, Turkana, Pokot, Samburu and Marakwet. There are even landless people in Central Province," he said.
He reassured Coast residents that their grievances will be addressed by the new Constitution as well as a government development programme.
At the same time, the ODM leader gave strong indications about the imminent return to Cabinet of Tinderet MP and party chairman Henry Kosgey, who had been suspended from his Industrialisation docket over certain charges.
"He has been cleared by both the High Court and the International Criminal Court. He will go back (to Cabinet) any time.
"Because the rear mirror shows the dark era of political assassination, repression, ethnic discrimination, Golderberg, Nyayo House torture chambers, suppression of media and the assassinations of JM Kariuki and Pio Gama Pinto and Raila in Kamiti."
The rear mirror reminds us of the mistakes of the past, he said.
Mr Odinga claimed that anti-reform forces were determined to paint him as an opportunist, an anarchist, corrupt, tribalist and anti-reform.
He accused Mr Miguna of waging a smear campaign and defended his Permanent Secretary, Mr Mohammed Isahakia, and Chief of Staff Caroli Omondi over allegations of involvement in the maize scandal, saying they had been cleared by investigations.
Commenting on other current issues, Mr Odinga asked the electoral commission to ensure transparency in the award of the biometric voter registration tender, saying continued wrangles risk tainting the team's credibility and delaying polls.
"If voter registration is delayed, some people will be disenfranchised. The commission must solve this matter speedily and transparently considering the cost to the taxpayer."
He laughed off claims that he was one of the leaders behind a plot to push elections to August next year. He blamed the plot on individuals who are ill-prepared for the polls. "They want to buy more time because their calculations are not adding up. I am ready for the elections."
He stressed that he still prefers that the election be held in December.
"The March date does not make sense to me. It is a new math by the High Court but historically we have held our elections in December except in 1983," he said in reference to the High Court decision placing the polls in March 2013.
The ODM leader dismissed as "propaganda" reports that he was reaching out to Eldoret North MP William Ruto who has decamped from the Orange party. "I have never contacted him over possible cooperation. He has launched his political party. We wish him well."
Mr Odinga expressed confidence that he will put up a strong fight for the presidency, saying the departure of his former allies had not weakened him.
He defended himself against criticism that he had pushed Deputy Prime Minister Musalia Mudavadi, Mr Ruto and former Tourism minister Najib Balala out of the Orange movement.
"People forget that the three were initially not with me. They were forced to join me after I defeated them in the September 2007 presidential primaries," he said.
Mr Odinga said that Mr Mudavadi and Mr Ruto — both his former deputies in the party — decamped because they could not beat him in the primaries.
"Each of them has a burning ambition. Mr Mudavadi looked for an excuse to leave. I am not the problem. None of them is willing to face competition. Otherwise why are they not in the same party?"
The premier said that he had acquired new friends as he prepares his presidential campaign launch. He cited members of the ODM-Reloaded team who he described as energetic and youthful.
"A political party must be dynamic. You cannot depend on the same set of people all the time."
Mr Odinga further said that he had settled on a different set of names for the Police Service Commission and forwarded them to President Kibaki for discussions.
"We want a competent commission that will oversee recruitment and promotions in the police service."
The PM backed the High Court ruling lifting the ban on the Mombasa Republican Council.
However, he cautioned that the ruling should not be misunderstood as an approval of secession.
The government outlawed the Mombasa Republican Council (MRC) in 2010, describing it as a "criminal group".
He said the court's decision should open doors for dialogue and formal engagement with the government.
"They should renounce their demands for secession and dialogue with government. The court said that the MRC should apply for formal recognition and pursue their interests within the law," he said.
The PM's declaration was in conflict with a move by the office of the Attorney-General which has said it will appeal the High Court's ruling that the ban was unconstitutional.
The major concern is that it could embolden the MRC's push for secession.
The MRC accuses the government of marginalising the indigenous ethnic groups living in the Coast, which is also the centre of Kenya's tourism.
Mr Odinga noted that the MRC grievances — including land distribution, unemployment, historical injustices, and authoritarianism— were not isolated.
"The same situation obtains in North Eastern Province, Turkana, Pokot, Samburu and Marakwet. There are even landless people in Central Province," he said.
He reassured Coast residents that their grievances will be addressed by the new Constitution as well as a government development programme.
At the same time, the ODM leader gave strong indications about the imminent return to Cabinet of Tinderet MP and party chairman Henry Kosgey, who had been suspended from his Industrialisation docket over certain charges.
"He has been cleared by both the High Court and the International Criminal Court. He will go back (to Cabinet) any time.

Miguna anger has given peek into power sanctum

Updated 1 hrs 32 mins ago
By Dominic Odipo
It is an angry book, very angry indeed and the author makes very little effort to hide this fact from the reader. The anger, which apparently arises from the fact and manner of his suspension as the Prime Minister's Advisor for Coalition Affairs, festers and courses through its pages.
But, for the first time ever, someone who has worked very closely with Raila Odinga, both before and after he became the Prime Minister of Kenya, has taken him on directly, no holds barred, and the effect, as they used to say in the old Smirnoff Vodka advert, is shattering.
When you finally come to page 559, the end of the main text of Miguna Miguna's latest book, "Peeling Back the Mask: A quest for Justice in Kenya", the question that immediately springs to mind is this: Which one is the real Raila Odinga? Is he the former political activist and indefatigable fighter for political and constitutional reforms whom his Luo compatriots reverently refer to as 'Jakom' or 'Agwambo'?
Or he the would-be emperor without any clothes that Miguna so stridently tries to depict in this chronicle? Yet that question is not just a simple question; it is an answer within a question.
The fact that such a question can now be asked at all about the Prime Minister's political and personal DNA is the real issue here.
If Miguna's primary objective was to lift the veil and let his readers peer behind the halo that has hitherto enveloped the Prime Minister, then he has succeeded even beyond his own expectations. If, in his anger, he meant to begin the structured deconstruction of the Prime Minister as a man, a leader, a reformer and a politician, then, there again, he has largely succeeded.
Last week, it was announced that the Prime Minister would not be going to court to sue Miguna over the assorted allegations against him that litter this book. Whoever advised him accordingly must be a very good lawyer. If you go to court in this situation, you could be setting up a rogue and chain reaction whose final course and outcome you might not be able to control.
Sleeping dogs
Fortunately for the Prime Minister, Kenya is not a reading nation. Those who will join me in reading every page of this book from the "Declaration" on page 11 Roman to the "dream that tomorrow will be different" on page 559 will probably not reach ten thousand.
And since the libel and defamation laws will loom over the mainstream media and keep the more juicy and unflattering anecdotes about the Prime Minister out of it, the dogs menacingly sleeping in this book might continue to lie, maybe until after the next presidential elections which Raila is set to contest. For Raila and his political supporters, they had better.
But if any of them goes around preaching to fellow believers that this book will not have any impact on Raila's future as a politician or as a person, then he is either living in Cloud Cuckooland or has simply not read the book. As simple as that.
One of the more notoriously frustrating characteristics of the Miguna approach and style is that he does not just throw around his opinions and conclusions haphazardly.
He carefully assembles the relevant facts and then meticulously presents them to the reader, complete with dates, times and the exact settings and locations in which important meetings or discussions were allegedly held.
Throughout the book, you will find references to meetings, which began, for example, at 12:07 and ended at 3:10, together with the names of all the people who attended. Important mobile telephone calls or messages are also mentioned and quoted, along with the exact time they were made or received.
Conversations are reproduced verbatim and he invariably brings his legal mind and eye to bear on game-changing meetings and situations, fully capturing those messages, which, he says, can be conveyed only by body language.
"Thereafter, Raila and the rest of the office tried to avoid me like the plague. I didn't care. I hadn't taken the onerous public service position to please anyone. I was engaged to advise. To do that I needed to be professional, objective and competent. Raila hired me to provide him with unvarnished truth. Had he wanted a court jester, they were in adequate supply in Kenya."
Scores of scathingly opinionated, if rather juicy titbits like this litter this highly readable book.
That many of them not just badly bruise the Prime Minister but seriously wound him, there can be no doubt. If the Prime Minister's closest political confidantes actually advise him to ignore Miguna's book, they will be doing him a great disservice. There are books and people you can ignore and others you simply can't.
Peripheral assertions
Is "Peeling Back the Mask: A quest for Justice in Kenya" a good or a bad book? According to Oscar Wilde, the 19th Century British author and poet, there is no such thing as a good or a bad book. "Books are either well written or badly written", he used to say. And there it is in one word.
This book is angry, indeed, but it is well written. It lifts the veil surrounding the Prime Minister for reasons, which could very well have been personal and vindictive.
But it gives ordinary Kenyans an invaluable peek behind the curtains and corridors of power, even if some of its peripheral assertions were to turn out questionable

ICC prosecutor pores over Miguna book in search of fresh evidence

The International Criminal Court prosecutor is seeking more evidence for the Kenyan cases in Miguna Miguna's book, Peeling Back the Mask. Photot/FILE
The International Criminal Court prosecutor is seeking more evidence for the Kenyan cases in Miguna Miguna's book, Peeling Back the Mask. Photot/FILE
By OLIVER MATHENGE omathenge@ke.nationmedia.com
Posted Saturday, July 28 2012 at 23:30
In Summary
  • Officials from Bensouda's office say they are reading Peeling Back the Mask 'with interest'
The International Criminal Court prosecutor is seeking more evidence for the Kenyan cases in Miguna Miguna's book, Peeling Back the Mask.
The ICC prosecutor's office also said it was casting its net wider to include new witnesses to consolidate the cases against Deputy Prime Minister Uhuru Kenyatta, Eldoret North MP William Ruto, former head of civil service Francis Muthaura and radio presenter Joshua arap Sang. The four will stand trial at the ICC from April 10, 2013, for alleged crimes against humanity.
Officials from Fatou Bensouda's office last Thursday said they were studying the book by Prime Minister Raila Odinga's former adviser to see if they could get any insights into the crimes committed during the post-election violence.
Head of the Jurisdiction, Complementarity and Cooperation Division Phakiso Mochochoko and Associate International Cooperation Adviser Shamiso Mbizvo said they were reading Miguna's book with interest but declined to confirm if they had found anything useful to the prosecution.
"The book is interesting reading. What will come out of it, whether it is going to form any part of our evidence or anything else, is something that I cannot comment on for now," Mr Mochochoko said.
Another former insider, Mr Tony Gachoka, who left the PM's office acrimoniously, attended an ICC news conference in Nairobi where he was seen handing the officials some documents.
The Sunday Nation has learnt that Mr Gachoka volunteered to cooperate with the ICC and give information on what he knows about the post-election violence.
The officials said that they would get in touch with him so that he could record a statement.
Mr Gachoka has told the ICC prosecutor in an email that in the course of his work, he came across crucial material that may help the Trial Chamber understand some of the pertinent issues arising in relation to the violence and the subsequent proceedings.
Speaking to the Sunday Nation, Mr Gachoka, who was chief of protocol in the PM's office, said he was willing to give information to the ICC on some of the issues that he believes are not before the court.
The prosecutor's office has reiterated that its witnesses were being threatened by undisclosed people. But they did not disclose whether any of the four accused are suspected of intimidation.
The issue of witnesses has been at the centre of arguments especially between the prosecutor and Mr Kenyatta, who has challenged the credibility of the prosecution witnesses.
In his recent submissions, Mr Kenyatta asked the court to order the prosecution to disclose the identity of witnesses 11 and 12 and wants to know if the prosecution will rely on their evidence and that of witness 4.
The prosecution has said it cannot reveal the identities of the witnesses for security reasons.
Mr Kenyatta, through his lawyers, said that on April 1, 2011, Witness 11 told a member of his defence support team that there had been "an attempt by ODM to induce the two witnesses to cross over and testify" for the prosecution.
He added that prior to March 12, 2011, Witnesses 11 and 12 had provided exculpatory evidence to the defence. Exculpatory evidence justifies or excuses a defendant's actions, and tends to show the defendant is not guilty or has no criminal intent.
Mr Mochochoko said Mr Kenyatta, Mr Ruto and Mr Muthaura could have their charges distributed in more than one category. They say this would give the prosecution undue advantage at the trial.
The three accused argue that the requests by the prosecution are an improper interpretation of the law and it is inconsistent with the court's jurisprudence.
Ms Bensouda is seeking to introduce new elements, including further charging the accused with contributing to, ordering, soliciting or inducing crimes committed during the violence.
But lawyer Mokaya Orina said re-characterisation might not work citing the Appeals Chamber in the Thomas Lubanga case which rejected an attempt by victims' representatives to seek a re-characterisation that had an effect of adding new charges.
Fire-Spitting Miguna Miguna Heads to ICC to Brief Prosecutors
By Mwakilishi | Wed, 07/18/2012 02:45AM -0400
Fire-spitting Miguna Miguna, whose new book, Peeling Back The Mask: A Quest for Justice in Kenya rattled Prime Minister Raila Odinga and his allies, left the country overnight, headed to the International Criminal Court (ICC) in The Hague to brief the prosecutors on his claims linking the premier to war crimes and seek protection, sources told the Jackal News, revelations that might recast events at the first permanent international tribunal.

Other sources said he might then proceed to his global tour for an international launch of the crimson-red book that has stirred a firestorm in the east African nation, notably by spilling open the intimate secrets within Odinga's side of the coalition government. "He is headed to the Hague to brief prosecutors and seek protection," a source explained. It is said that he boarded a KLM flight at JKIA, which would make a stop over in the Netherlands, from where he would proceed to Canada, where he lived in exile for several years after fleeing the regime of retired president Daniel arap Moi.

In Canada, where he has been planning a vacation after launching the book in Kenya, Miguna will launch the book with many Kenyans and friends who live in the North American nation. "For a very long time, he has been planning a vocation in Canada after launching the book," a source said, dispelling fears that he had fled the country.

This comes a day after Director of Public Prosecutions Keriako Tobiko ordered police chief Matthew Iteere to record a statement from the former senior advisor to Odinga, after claiming that he had enough evidence that could indict the premier at the International Criminal Court for his role in the 2007/08 post-elections violence that claimed at least 1,500 people and displaced hundreds of thousands.

In addition, his explosive book accused Odinga and several of his aides of massive corruption.
At the same time, Odinga's office issued a hard-hitting rejoinder, daring the Canada-trained lawyer to reveal the alleged evidence, warning that withholding such information amounted to impunity.

Miguna, on his part, rubbished both Odinga's rejoinder and Tobiko's order, hinting that he could be an ICC witness and thus deserves protection instead of threats. "If Tobiko says I have evidence to give to the ICC, that makes me a potential ICC witness. Now, under the witness protection act, my identity and the nature of evidence I have cannot be disclosed."

"Tobiko's and Iteere job would be to PROTECT me, not THREATEN me. Any responsible prosecutor worth his salt would never threaten a witness. He would never release the name of such an important witness to the media and demand that he gives a statement to the police. A threatened witness cannot be helpful to any prosecutor."

"Moreover, they cannot force me to give them evidence. Instead of approaching discreetly and professionally like a competent prosecutor, he's playing politics to the gallery. And he's at the behest of Raila. That's despicable," said Miguna, who wile launching his book on Saturday, claimed he had evidence to fix many politicians at the ICC. At subsequent TV interviews, he claimed the he had evidence that if accepted at the ICC, would indict Odinga.

So far, the ICC has successfully indicted Deputy Prime Minister Uhuru Kenyatta, ex-civil service chief Francis Muthaura, lawmaker William Ruto and radio presenter Joshua arap Sang. Their trials are scheduled to start in April next year; months after Kenya hold its presidential elections, the first under the new constitution. Interestingly, if Odinga is indicted, he would join Kenyatta and Ruto as the presidential candidates facing the international tribunal.

On Monday, he claimed that his life was in danger., hinting that the threats came from Odinga's allies.

Odinga's personal assistant Caroli Omondi, portrayed as a corrupt dog who allegedly bought Nairobi's Heron Court Hotel using funds of dubious sources, instructed his lawyer, the litigious George Oraro, to institute criminal libel proceedings against Miguna and the Nation Media Group that serialized the book.

Over the weekend, Capital FM reported that Miguna was scheduled to start an international tour to market his book, the most explosive memoir since John Githongo, the former anti-graft advisor in President Mwai Kibaki's office, unleashed his chronicles, It's Our Time To Eat, exposing how ministers and Kibaki allies swam in a sea of graft. He fled to the United Kingdom, where he was admitted as a fellow in the St Antony's College, part of the prestigious Oxford University, where most dissidents seek asylum.
Police will not compel Miguna to talk
Posted by BERNARD MOMANYI on July 18, 2012
He however assured that investigators will speak to the former Prime Minister's Advisor on Coalition Affairs once he is back in the country/FILE
NAIROBI, Kenya Jul 18 – Police now say they will not compel Miguna Miguna to record a statement over claims he has made in his sensational book Peeling Back the Mask on evidence allegedly implicating several leaders over the 2008 post-election violence.
Deputy Police Spokesman Charles Wahong'o told journalists on Wednesday that forcing Miguna to record a statement will amount to compromising the investigation.
"He is free to speak as he did last week and his freedom is guaranteed. Those who feel wronged are free to seek justice in court," Wahong'o said.
"You cannot coerce a witness to give a statement because if you do so it cannot be admissible as evidence in court."
He however assured that investigators will speak to the former Prime Minister's Advisor on Coalition Affairs once he is back in the country.
"We will be interested to speak to him even if he has recorded a statement with the International Criminal Court (ICC)," the police spokesman said.
Miguna left the country on Monday night, soon after Director of Public Prosecutions Keriako Tobiko directed the police to grill him over claims in his book that he knew how the post election violence was planned after the disputed election of 2007.
When he launched his book Peeling Back the Mask in Nairobi at the weekend, Miguna told participants that he has a lot of evidence on several leaders in the country.
"They actually begged me to go back to office when they knew that I could spill the beans…I can take every leader to The Hague, they should actually kiss my feet," Miguna said.
Police Commissioner Mathew Iteere has said that as much as they are seeking to record a statement from Miguna, he is only being treated as a witness and not as a suspect.
"He will record a statement when he comes. We could not get him because he left on the night we got instructions from the DPP," Iteere said.
Miguna's book has generated a political storm in the country, with some leaders and lobby groups demanding the resignation of the Prime Minister.
The controversial author sent a statement from Canada on Wednesday dismissing reports that he had fled the country to evade facing justice following legal suits his book has generated.
Odinga's Chief of Staff Caroli Omondi became the first to ask his lawyers to take legal action against Miguna, publishers of his book and the Nation Media Group which had exclusive rights of serializing the book.
The book paints a grim picture of the Prime Minister as a non reformer and a man who cannot be trusted in the management of public resources because he allegedly condones corruption.

Miguna to be quizzed over ICC claims

The Director of Public Prosecutions wants Prime Minister Raila Odinga's former aide Miguna Miguna questioned on claims he had evidence on Kenya's post-election violence. Photo/SALATON NJAU
The Director of Public Prosecutions wants Prime Minister Raila Odinga's former aide Miguna Miguna questioned on claims he had evidence on Kenya's post-election violence. Photo/SALATON NJAU
By NATION TEAM newsdesk@ke.nationmedia.com
Posted Monday, July 16 2012 at 23:30
In Summary
  • Tobiko directs police to question former PM's aide as Raila comes out fighting
The Director of Public Prosecutions wants Prime Minister Raila Odinga's former aide Miguna Miguna questioned on claims he had evidence on Kenya's post-election violence.
Mr Miguna had on Saturday, during the launch of his book, Peeling Back the Mask, said he was privy to the ODM campaign strategies and was present when the party declared that the 2007 General Election was a contest of 41 tribes against one.
"I can take every leader to The Hague, they should actually kiss my feet... They actually begged me to go back to office when they knew that I could spill the beans," he said in Nairobi.
Responding to DPP Keriako Tobiko's order, Mr Miguna said: "Does Tobiko or Iteere (Police Commissioner) work for the ICC? How does he know I haven't spoken with the ICC? Jokers! That's all I can say for now!"
Meanwhile, Mr Odinga on Monday came out fighting against damaging allegations in Peeling Back the Mask.
In his blow by blow response written by close aide Sarah Elderkin, Mr Odinga attacks Miguna's character, describing him as a man operating in a "dense cloud of self-delusion".
In the first of responses titled "Miguna: The Untold Story", that is published in full in this newspaper, journalist Elderkin, quoting a High Court judge, describes Mr Miguna as a man living in a "mental darkroom".
Mr Odinga's supporters also released a series of statements claiming Mr Miguna's book was part of a plot aimed at blocking him from winning the presidency.
"As part of this campaign, Mr Miguna Miguna's new book recycles past unsubstantiated allegations against the Prime Minister without offering a shred of evidence that could shed any new light," the PM's office said in a statement signed by spokesman Dennis Onyango.
Ms Elderkin's detailed response talks of Mr Miguna's life in Canadian exile where he was acquitted of a charge of sexual molestation.
It also refers to the case Mr Miguna filed challenging his dismissal from the PM's office, and critical remarks by Mr Justice Mohamed Warsame.
The judge said Mr Miguna was a man "who exhibits mental and emotional fits in his defence of issues" and "living in (a) mental darkroom."
The Friends of Raila lobby group also claimed that the book was a wider political scheme. Imenti Central MP Gitobu Imanyara said:
"The book is a PNU and G7 project against Mr Odinga and this can be seen by the positive response from the camps in contrast to the same they accorded John Githongo's book."
In a separate response, National Heritage minister William ole Ntimama dared Mr Miguna to substantiate his claims or face investigations for "malicious allegations".
He said Mr Miguna was a bitter man on a revenge mission following his sacking from the PMs office.
Separately, ODM's aspirant for the Nairobi governor's seat, Dr Evans Kidero, demanded that Mr Miguna present his evidence to the Criminal Investigation Department.
Reports by Tim Wanyonyi, Bernard Namunane, Abiud Ochieng', Leonard Mutinda and Esther Mwangi
Home > Miguna Miguna > Raila Odinga and ODM Stand on ICC – Miguna Miguna

Raila Odinga and ODM Stand on ICC – Miguna Miguna

Read THE YO-YO MAN Chapter Fifteen of Miguna Miguna's Book Peeling Back the Mask . The chapter is very long so I skip the history of ICC and start from Page 393 – 407 (End) (Exactly as it appears on the Book.)

Miguna Miguna - Pealing Back the Mask
Miguna Miguna – Pealing Back the Mask
…Meanwhile Raila would breathe hot and cold. Privately he consistently told me how much he hoped and prayed that Uhuru Kenyatta and William Ruto were confirmed, tried and convicted at The Hague. In fact he expressed his hope that Ruto and Uhuru would have warrants of arrests against them and that on their first appearances at The Hague they would be detained until their confirmation hearings. He sounded desperate to remove both Uhuru and Ruto from the 2012 presidential race. But publicly (and predictably), he pretended to support a local tribunal. That wasn't genuine.
Deep down Raila had always prayed for the 'success' of the ICC process; not for justice to prevail, but as a means of sorting out his political opponents. Even within ODM Raila was always yo-yoing; stating his commitment to a local process, but privately quite happy at the speed and course the ICC process was taking. There were countless meetings between Raila, a senior European diplomat based in Nairobi and I, where we discussed the strategies of having ODM express support for the process. Salim would attend some of the meetings whenever he was in Nairobi. It was during one of those meetings that Raila made the decision to send Salim and I to The Hague during the first appearances of the Ocampo Six. The rationale was for the Ocampo Six and about 100 supporters, including more than 30 PNU and ODM-rebel affiliated MPs, not to dominate the airwaves with anti-ODM propaganda; we needed to bear witness to the proceedings and accurately relay what we observed back to Kenya.
Our trip was fully funded by the OPM. I subsequently published a detailed "journal" of the trip. It was therefore obnoxious for Jakoyo Midiwo to later claim that I had made that trip "alone, without permission from the Prime Minister". Not only was the aide-mémoire by ODM Secretary General, Prof. Anyang' Nyong'o, prepared and forwarded to the UN Security Council on direct authority and express instructions by Raila, the discussions took days and many, many hours to conclude.
While Anyang' feigned ignorance of the ICC process, Salim Lone, the European diplomat (whom I will not name because they are still serving and disclosing their name might jeopardise or compromise their position) and I argued strongly for ODM to publicly take a stand. Orengo waffled back and forth. One day he would be for the idea, then the following day he would oppose it. Rumours were swirling that he had been seen frequenting both Muthaura's and Permanent Secretary for Internal Security, Francis Kimemia's offices. In other words, Orengo created the impression that he might have been compromised. It reminded me of the incident in his office, when I unexpectedly dropped over to see him, only to meet one of President Kibaki's bodyguards. That tweaked my curiosity. Upon inquiry, Orengo told me that the young man had been with him "in the trenches during the Mageuzi days" (when he had been a political activist); that he is the one who had helped the man join the GSU years before he became Kibaki's bodyguard. However, a few months after he had told me that hilarious story I accompanied Raila to the Aberdares where he was inaugurating "The Rhino Charge" with President Kibaki. After the event, as we went for lunch at a local hotel, I asked one of Raila's bodyguards if he knew the same Kibaki bodyguard Orengo had claimed was with him in Mageuzi. The man told me without hesitation: "That's one of Kibaki's worst guards. He is the one who blocked State House gate for Raila in December 2002. He has been with Kibaki since DP; how can Orengo say that?" Right there and then I realised that Orengo had become unreliable and that I could no longer trust him; not on the ICC and not on anything important. So when Orengo started stalling on the aidemémoire, refusing to make time to review what I had drafted for Anyang's signature, as Raila had directed, I had the document delivered to the Security Council without his approval. Neither did we show the document to busybodies like Jakoyo or Oburu.
Throughout the ICC process, my focus has always been in the interest of justice; justice for the innocent victims of the atrocities that were committed in Kenya between 2005 and 2008. Tens of thousands of innocent and unarmed civilians were killed, maimed, displaced, traumatised and raped, many times with the direct involvement or complicity of state actors. These people have no ability to seek or obtain justice for themselves. Many are long dead. Some are too traumatised and damaged to be able to seek justice. Others are simply incapable due to limitations in their education, exposure, power equations (vis-à-vis the perpetrators) and socio-economic conditions.
Contrary to some vile propaganda, I have never pursued justice for the victims in the Kenyan situation because of any personal interests, vendetta or parochial political motive. I have no personal grudge against the six Kenyans that faced investigations by the ICC or the four who had their charges confirmed. Nor do I have any animus towards them or the four persons the Pre-Trial Chamber II confirmed charges against on January 23, 2012.
Moreno-Ocampo had no personal interest in Kenya or its politics when he sought permission from the Court to investigate the Kenyan situation. In fact his letter to the President of the International Criminal Court, Sang-Hyun Song, dated November 5, 2009, was a simple one-paragraph affair:
In accordance with Regulation 45 of the Regulations of the Court, I have… determined, on the basis of information on crimes within the jurisdiction of the Court, that there is a reasonable basis to proceed with an investigation into the Situation in the Republic of Kenya in relation to the post-election violence of 2007-2008. On November 6, 2009, President Song responded by constituting the Pre-Trial Chamber II to immediately take charge of the Kenyan situation, as requested by Moreno-Ocampo.
Eventually, the Pre-Trial Chamber II – composed completely of Europeans – made a determination to allow the prosecutor's application for investigation of the Situation. The Pre-Trial Chamber II subsequently issued summons against the six Kenyans. And on Tuesday, January 23, 2012, they confirmed the charges against four: Uhuru Muigai Kenyatta, Francis Kirimi Muthaura, William Samoei Ruto and Joshua arap Sang. As far as I am aware, neither the request to investigate or charge the group of prominent Kenyans nor the court orders authorising investigations and confirming the charges emanated from Washington, London, Rome, Paris or Berlin, as many Kenyan ICC detractors and critics have claimed without any basis or foundation.
I am, of course, alive to the (legitimate) charges that have been made by some eminent scholars, lawyers and states over the apparent dominance of the ICC process by Europe, especially Germany, UK, Italy, France and Spain, largely based on the perception that, because they have often contributed about 44% of the ICC's annual operation budget, they would, invariably, be able to pull some strings. The respected scholar Professor Mahmood Mamdani of Uganda has accused the ICC of dancing to the tune of Western states.
But the most recent, detailed and extremely caustic criticism of the ICC has been advanced by Dr David Hoile in his 2010 book The International Criminal Court – Europe's Guantanamo Bay? Apart from the budgetary-control argument, Dr Hoile thesis is premised on four other grounds. First, he argues that because the process that led to the establishment of the ICC was flawed, rushed, and NGO-driven (with Africa largely absent); and because the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court, which was held in Rome, Italy, from June 15 to July 17, 1998, "to finalise and adopt a convention on the establishment of an international criminal court," was adopted by a vote of 120 to 17, with 21 countries abstaining (with Iraq, Israel, Libya, China, Qatar, USA and Yemen voting against); the court doesn't have global legitimacy. Moreover, Dr Hoile continues, quoting another ICC critic, Prof. David Davenport: "The bar for approval of the Rome Statute was set remarkably low, with the court to be approved upon ratification of only 60 nations out of 189 in the United Nations…
For a court that purports to have worldwide jurisdiction, even over citizens of countries that do not sign the treaty, this is a narrow base of approval…Further, such a process takes no account of geographic representation, population base, or strategic considerations, but simply relies upon a one-nation-one-vote approach…"
But this is a slippery-slope argument. He posits that because seven of the ratifiers: San Marino, Nauru, Andorra, Liechtenstein, Dominica, Antigua and Barbuda, and the Marshall Islands had a population of about 347,000, "which is less than the population of New York's smallest borough of Staten Island," their votes shouldn't have counted equally with China (1.25 billion), USA (312 million), Indonesia (230 million), Russia (150 million) and Japan (125 million). "Thus, while the ICC may aspire to be a universal court exercising universal jurisdiction, the simple fact is that it does not qualify on either count," Dr Hoile concludes.
But Dr Hoile is aware that only countries or nation-states are members of the United Nations. States Parties to the ICC Statute voluntarily ratified it. Clearly, no States Party was coerced into ratifying the statute. Neither is any dissatisfied party prevented from withdrawing its membership. Similarly, only states are parties to the Rome Statute. Whether a country's population is 100 or 10 billion, its membership is one and it can only cast one vote. There is only one China as an entity. Despite the billions of inhabiters, China has only one government, headed by one head of state, with a single representative to global bodies such as the UN. Consequently, Antigua and Barbuda – despite their sparse population – have the same rights and privileges – as states under international law, conventions and treaties – with such well endowed states as China, India and the rest. But once a state ratifies the Rome Statute and operationalises the ICC instruments, the Court becomes part and parcel of that country's judicial process. One cannot therefore legitimately argue that the Court is 'foreign' to African countries that freely ratify the ICC regime. The Court is complimentary to domestic courts. It's a court of last resort. It only kicks in when a States Party's authorities are unable or unwilling to deal with genocide, war crimes and crimes against humanity that have been committed within that state's territorial boundaries.
Dr Hoile strongly objects to what he characterises as serious flaws of the Rome Statute. He considers article 13(b) and 16 of the ICC Statute, which grants "special prosecutorial rights" (to refer or defer an ICC investigation) to the UN Security Council, a major defect. I agree with him. It is rather odd and unacceptable that of five founding, permanent members of the Security Council – US, UK, France, China and Russia – three (US, China and Russia) have not ratified the Rome Statute – yet they sit and decide on which cases to refer to or defer from the ICC. If the Court is legitimate, upholds the highest international judicial standards and has universal jurisdiction over genocide, war crimes and crimes against humanity, why aren't the permanent members of the UN Security Council subjecting themselves to its mandate?
If the US has refused to join the ICC on the flimsy basis that there are "insufficient checks and balances on the authority of the ICC prosecutor and judges" and that "the Rome Statute creates a self-initiating prosecutor answerable to no state or institution other than the Court itself," doesn't it mean that the US is only interested on a judicial system it can "control?" How and why is it that Sudan, which isn't a States Party to the ICC, can have its head of state indicted and warrants for his arrest issued for serious violations of human rights and crimes against humanity in Darfur, yet the US, China or Russia cannot even have their soldiers, police officers or civilians indicted for the same or worse crimes? Admittedly, the US legal system is more rigorous and accountable than that of Sudan. But the same cannot be said of Russia or China. Nor would that be sufficient justification for not permitting independent investigations of alleged violations by US authorities and security agents in other countries. In my view, if the US was serious about its concerns over alleged institutional weaknesses of the ICC system, the solution should be to ensure that those weaknesses are either eliminated or the system strengthened. The best option should have been to make the ICC a first-class judicial institution, not to oppose or fight it.
Thirdly, Dr Hoile states, quoting the Israeli researcher Seth Frantzman, that "the Court is primarily European-run. Yet those it judges are not from Europe; they are usually [taken] from their home countries and shipped to Europe to sit in a European prison…This is at best an unfair system and at worst a colonialist one." Dr Hoile charges that the Court's agenda is the "recolonisation of Africa." That's a good point. However, I haven't seen any credible evidence to go that far in my assessment. Admittedly, the Court is 'dominated' by Europeans, and that situation needs to be redressed. Nonetheless, we need to openly acknowledge that poor training, corruption and political interference with the judiciary are afflictions Africa (for instance) has experienced more than North America or Western Europe. We need not quibble with obvious facts.
So the challenge is to both Africa and the world community as a whole to ensure that the ICC system should be fully representative of the entire world, with all its cultural, racial and religious differences. But we also need to acknowledge that the ICC critics have raised weighty matters that deserve to be addressed comprehensively. It's troubling that citizens of strong US allies like Israel are "immune" from investigation and prosecution while all African countries are supposed to be permanently within the ICC radar.
Back to the Kenyan situation: it is crystal clear that the ODM was not formally involved in the ICC proceedings at all, nor did any "outside forces" intervene on the party's behalf. Had that happened, no senior ODM member would or could have been investigated and indicted. In addition, those alleging "political interference" haven't credibly substantiated their claims.
Yes, I met with the ICC investigators on a number of occasions to give them my perspective and analysis on the "Kenyan Situation." Those meetings were held in public places in the Republic of Kenya. I met them both in my personal capacity as a Kenyan professional who has a stake and interest on seeing the culture of impunity exterminated from the country, and in my capacity as a senior advisor to the Prime Minister of the Republic of Kenya, who, like Kibaki, was a major stakeholder in the process.
I reasonably believe that many of President Kibaki's advisors, senior staff and ministers also held meetings with the same investigators. People like Francis Muthaura (the President's Permanent Secretary, Secretary to the Cabinet and Head of the Civil Service and one of those under investigation), Francis Kimemia (Internal Security Permanent Secretary), Thuita Mwangi (Foreign Affairs Permanent Secretary), Prof. Nick Wanjohi (the President's Private Secretary), Prof. Kivutha Kibwana (the President's advisor on constitutional review; my counterpart), Alfred Mutua (the so-called 'Government Spokesman' but clearly only that of the PNUwing of government), Prof. George Saitoti (Minister for Internal Security), Mutula Kilonzo (then Minister for Justice), Moses Wetangula (then Minister for Foreign Affairs). They too, provided their perspectives, analysis and opinions on the matter.
We provided those perspectives as patriotic Kenyans interested in the cause of justice. I have stated elsewhere that for me it doesn't matter the racial or cultural identity of those helping us slay the dragon of impunity. As long as the ICC process results in justice being done, it shouldn't matter the colour, race or citizenship of the investigators, prosecutors and judges. After all, justice is supposed to be blind.
It's not legitimate to complain that the judges who presided over the confirmation hearings were all European when most of the suspects also hired European lawyers to act for them before the Court. In any event, those complaining about the racial identity of the judges should point out specific things that would demonstrate their "reasonable apprehension of bias" rather than simply throwing up unfounded allegations.
We have to recognise the fact that the appearance or trials of the 'prominent' Kenyans at the ICC sends an important message to everyone in Kenya – the rich, poor, powerful or powerless alike – that crime does not pay; that there is no shield against impunity; that no matter how long or difficult the search for justice might be, ultimately the long arm of the law catches up with everyone.
Nobody is above the law!
For me this is a vital and important lesson for the country. Whether those facing charges at The Hague are convicted or not becomes immaterial. Their appearance at The Hague has already served as a vital lesson to everyone. This is why I have been unhappy, disappointed and impatient with the dithering and flip-flopping of the ODM and Raila on the ICC matter.
Throughout the process, Raila and his ODM top brass have shown yo-yo leadership with this issue. It has been near impossible for Kenyans to know where Raila or the party stand. One day they breathe fire, threatening to boycott cabinet meetings or even to bring down the coalition and precipitate fresh elections because Kibaki has sent Kalonzo and other cabinet ministers for "shuttle diplomacy" gallivanting all over the globe in an attempt to scuttle the ICC process; yet the very following day Raila's sidekicks, including his own spouse, would be commiserating with the accused or the wives of the accused; asking the public to 'pray for them.' This is despite the fact that Raila and the ODM leadership has never openly and robustly called for justice and prayers for the hundreds of thousands of victims of the PEV.
The hypocrisy, cowardice and opportunism of the ODM top leadership was completely repulsive to me. It was also incongruent with the views and feelings of the overwhelming majority of Kenyans who continued to support the ICC process. I prepared a petition for the United Nations Security Council on behalf of ODM, in order to indicate that neither Raila nor the Orange party had been consulted nor agreed to what became known as the "Shuttle Diplomacy" by senior members of PNU led by the Vice-President, Kalonzo Musyoka, whose brief was to convince the UN Security Council that Kenya was both capable and ready to prosecute those the ICC had indicted. The intention was to have the cases deferred either for one year or for good so that upon being returned to Kenya, the "authorities" would take them over and launder the suspects by orchestrating their acquittals ahead of the next elections.
Up to this point, ODM had failed to clearly articulate its position vis-a-vis the ICC process. Privately Raila and the ODM leadership supported the ICC, but publicly their voices remained muffled. I had discussed this matter extensively with Raila, Mudavadi, Orengo, Nyong'o, Salim, our European diplomat and members of the think tank. They were unanimous that ODM urgently needed to transmit its position to the UN Security Council.
11 March 2011
Your Excellency,
RE: PETITION TO THE MEMBERS OF UN SECURITY COUNCIL REGARDING THE KENYAN CASES AT THE ICC
It is my pleasure and privilege to refer to the ongoing International Criminal Court proceedings relating to Kenya and the deferral request made by a section of the Government of Kenya to the United Nations Security Council.
Background:
The Permanent Mission of the Republic of Kenya presented to the United Nations and to all the Permanent and Observer Missions to the United Nations an Aide Memoire titled "Kenya's Reform Agenda and Engagement with International Criminal Court (ICC)".
Kenya's Vice-President, H.E. Kalonzo Musyoka has led a delegation to the UN Secretary General to discuss the Aide Memoire, alongside the Communiqué of the 17th Extra-Ordinary Session of the Intergovernmental Authority on Development (IGAD) Assembly of Heads of State and Government on Sudan, Somalia and Kenya, and the African Union Decision on the Implementation of the Decisions on the International Criminal Court on the deferral/referral of the Kenyan Cases at the ICC.
It is important for the UN Members, the Security Council and Secretary-General to have a complete picture and understanding of the situation in Kenya before making any determination on the Aide Memoire from President Kibaki.
This petition presents a set of incontrovertible facts which will assist The Security Council and other interested parties to understand why the Kenyan Cases at the ICC should neither be deferred nor referred. These facts justify why the ongoing ICC process is the best and only means of securing justice to the innocent victims of Kenya's post election violence of 2007/8. It is imperative to underline the fact that the institutions, groups and individuals that were allegedly involved in the planning and execution of the crimes against humanity during the 2007/8 post-election violence in Kenya continue to operate unfettered and occupy important positions of power within and outside government.
Sixteen Reasons Why the Kenyan Cases at the ICC must neither be Deferred nor Referred to Kenya:
• The prosecution of the Kenyan Cases at the ICC does not pose any threat to international peace and security. To the contrary, failure to bring to justice the perpetrators of post-election violence poses grave danger to Kenya's internal peace and security.
• The ICC process was unanimously approved by the two parties under the Annan-brokered National Accord, and the instruments that paved the way for the process were signed by both the President and the Prime Minister for and on behalf of their respective political parties, which form a coalition.
• The great majority of Kenyans (more than eighty per cent) support the ICC process as the most credible method to fighting the culture of impunity in Kenya. Surveys by leading institutions in the country have repeatedly confirmed this position.
• Local (Kenyan) trials will be exposed to: 1. political manipulation by leaders pleading the ethnic card; 2. threats to witnesses, their families and friends. Indeed, many witnesses have been hunted down and killed by State security agents; and 3. undue delays engineered by frivolous and vexatious applications.
• Local trials are not possible at the moment as there is no national judicial mechanism in place to handle the cases. There have been no investigations and prosecutions since the crimes were committed more than three years ago. Moreover, the criminal justice system has not been reformed to enable it to handle the cases. Although Kenya has enacted the International Crimes Act, it is in doubt as to whether Kenyan courts have jurisdiction over the international crimes committed before January 2009 when the Act became operational.
• The judicial reforms contemplated under the new Constitution have not been implemented. The judges and magistrates have not been vetted. There is no independent prosecutorial authority.
• The involvement of the ICC was necessitated by Kenya's rejection to establish a national judicial mechanism to deal with the crimes committed. In fact, the Government of Kenya repeatedly made verbal and written commitments to cooperate with the ICC and indicated that if it was unable to prosecute the perpetrators of the 2007/08 post election violence by September 2009, the ICC should do so. Those written and public commitments were made by the Government to the ICC Prosecutor both at The Hague and during his official visits to Nairobi.
• Local trials will be used to shield the suspects from justice. This was recently demonstrated by the nominations of Mr Githu Muigai and Mr Kioko Kilukumi to the positions of Attorney- General and Director of Public Prosecutions, respectively, while they are on record as lawyers for two of the ICC suspects. In addition, an ICC suspect chaired the Panel that identified and nominated Justice Visram to the position of new Chief Justice. Although President Kibaki was forced to withdraw his nominations through public outcry, a court order and stinging resolutions of the National Assembly Speaker, the Judicial Service Commission, the Commission on the Implementation of the Constitution, the Law Society of Kenya, the Federation of Women Lawyers and nearly all Kenyan civil society groups; it demonstrated the extent to which President Kibaki's Party of National Unity and the six individuals summoned by the ICC would go to defeat the cause of justice.
• The request for a deferral of the Kenyan cases pending before the ICC has been made by one side of the Kenyan coalition government, namely the Party of National Unity headed by President Mwai Kibaki. The Orange Democratic Movement headed by the Prime Minister Raila Odinga, does not support that request.
• Because of the significant positions held in and influence the suspects wield within Government, they are the ones spearheading the deferral request as a means of defeating the cause of justice. Ultimately, the six suspects the ICC has summoned intend to use the deferral, if granted, as the basis of perpetuating the culture of impunity in Kenya.
• The deferral request should therefore be seen as evidence that the Party of National Unity and President Mwai Kibaki are both unwilling and unable to prosecute the six suspects for the crimes alleged by the ICC.
• Since 1992, each general election has been characterised by state sponsored violence and ethnic cleansings leading to mass deaths, evictions, rapes and arson. While there have been official judicial inquiries on these crimes, no prosecutions have ever been conducted, and no culprits have been punished.
• Extra-judicial killings have increased significantly since 2003. The United Nations Special Rapporteur on Human Rights, Prof. Philip Alston has investigated and made far-reaching findings and recommendations. However, the Government has not taken any action.
• Both the Cabinet and Kenyan Parliament have on more than two occasions rejected Bills for the establishment of a local tribunal for the cases and instead declared that the trials should be held at The Hague.
• The ICC process is the only opportunity that Kenyans have to break the culture of impunity and the circle of election-related violence.
• In view of the foregoing, the request for deferral does not qualify or merit consideration by the UN Security Council within the provisions of Article 16 of the Rome Statute, or through any other provisions. This is particularly the case because the Kenyan Situation at the ICC was not originated by a referral by the UN Security Council. Consequently, the request for a deferral is an unwarranted interference with the Court's mandate, its independence and impartiality.
We therefore submit that the request for a deferral by a section of the Kenyan Government be rejected as being incompetent and frivolous.
On behalf of the Orange Democratic Movement and the Prime Minister of the Republic of Kenya, The Rt. Hon. Raila Odinga, EGH, MP, I would like to request you to bring this letter to the attention of all Council Members of the Security Council and to have it issued as a document of the Council, as a matter of great urgency. Please accept, Your Excellency, the assurances of my highest consideration.
Hon. Prof. Peter Anyang' Nyong'o Secretary General
I am forever grateful to Anyang' for the aide-mémoire. Had we relied on Raila and Orengo, the document wouldn't have been delivered. I say that because Raila had become quite confused; changing his mind more frequently than the rest of us change underwear. But closely following on the heels of the aide-mémoire was another initiative that also took time to process. Initially, the idea was to try and seek a "friend of the court"(amicus curiae) status for ODM.
We knew the rules were stringent and that we might not be granted the status, but the most important thing was for the country to see ODM defending the ICC process. As well, we felt that it was imperative to deliver a strong submission for the amicus application with the full knowledge that the contents of our application would be extensively covered by both local and international media. Unfortunately, Raila would say yes, before reneging on his word. Orengo and Salim also wavered on the affidavit. I was astonished when Salim raised objections on the two paragraphs that had been suggested by Paul Muite and Maina Kiai, both of whom Raila had asked me to consult before the affidavit was forwarded to The Hague. Salim argued that his objection was due to the fact that he believed Raila had specifically asked us not to include them; but that was only partly true.
The artificial and useless debate over PNU's deferral and Raila's 'referral' was getting under my skin. For months I had strongly advised Raila not to continue calling for the "referral" of the cases as no such term was known to law. Once, Raila even called an ODM parliamentary group meeting at his office boardroom and engaged me in the same debate, insisting that the word "referral" was there in the Rome Statute. I demanded that we examine the Rome Statute and see whether that was so. A copy of the Rome Statute was found and I went through it with a fine-toothed comb. After I was through, Raila started arguing that "referral" could mean "imputed" from Article 19 of the Statute. However, after I put up a spirited argument, as I loudly read through Article 19, Ababu and Orengo came to Raila's rescue, arguing that "we must find something on which we can argue for a referral".
At that point, I knew we were now engaged in an exercise in futility. To this day, I don't understand why Raila made arguments about a referral. Perhaps it was a political game to please Ruto and his ODM rebels that Raila was still trying to "help him". But Ruto isn't that stupid. He knew that that was a bare-faced lie bereft of intelligence or sophistication.
It's true that the initial draft I had taken to Raila was longer and more detailed; Raila had also asked me to seek Paul Muite's and Maina Kiai's input, which I did on the very following day. Needless to say, I felt that disregarding Muite's and Kiai's valuable contributions negated Raila's instructions and rendered our intellectual contributions somehow superfluous. However, due to considerable respect I had for Salim (and in order to avoid unnecessary misunderstanding) I excluded the highlighted portions. My suspicion was that when Salim saw reference to Justice Rawal, whom he was quietly lobbying for, and had mentioned as "a good candidate for chief justice," he developed cold feet.
Be that as it may, I am reproducing the two paragraphs containing the bolded/highlighted portions that Salim had (unreasonably) insisted should have been omitted. I'm doing so for both historical record and in order to avoid confusion.
As a Cabinet Minister, I am aware that both the Cabinet and the National Assembly of the Republic of Kenya (hereinafter referred to as the "Parliament") have on more than two occasions rejected Bills for the establishment of an independent local tribunal intended to investigate and prosecute the serious crimes that were committed during the post-election violence of 2007/8, leaving the ICC process as the only opportunity that Kenyans have to break the culture of impunity and the circle of elections-related violence. I am aware of the fact that the judicial reforms contemplated under the new Constitution have not been implemented. I am further aware that the judges and magistrates have not been vetted as required by the Constitution. It is pertinent to point out that when Chief Justice Gicheru appointed the Hon. Lady Justice Kalpana Rawal to take witness statements from Police Officers and Provincial Administration Officials, a Judge of equal jurisdiction, the Hon. Justice Musinga issued orders rejecting Lady Justice Rawal from taking the statements. (…)
As a member of the Government of Kenya, I truly believe that there are no credible investigations of the post-election violence cases that are ongoing. Moreover, I believe that because the Kenya Police was heavily implicated in the crimes that are subject to the ICC process – and the institution remains unreformed – it is difficult to expect it to investigate itself let alone those who are currently before the ICC. Most important, the police investigative capacity and willingness is severely lacking in Kenya. There are too many cases of witnesses dying, not appearing, and cases dismissed for lack of sufficient evidence. I believe that trying the six cases or individuals in Kenya will seriously jeopardize the witnesses, some of whom will likely refuse to testify out of fear and intimidation. This will defeat the cause of justice.
The affidavit was transmitted to The Hague by the law firm of Rachier and Amollo Advocates. Prof. Nyong'o had signed two sets of affidavits before travelling to Moscow that April. The first one was more detailed and included things that Salim had objected to. The second one had the two "offensive" paragraphs excised from it. The idea was to let Orengo review them before Salim, Orengo and I would decide on the correct version. But unknown to me, both Orengo and Salim were now of the idea that neither affidavit should be sent. They didn't give any reasons. Orengo was still "thinking" about the matter. The day Orengo was talking about "thinking" about the issue, the deadline was less than four hours away. A decision had to be made swiftly. So, when Rachier called me and asked what he should do with the documents, I told him to "file immediately". Rachier called me back to confirm that the documents were "gone". He also assured me that he hadn't given anybody a copy. Eventually, only Anyang', Rachier, Amollo, and I had copies.
Yet, inexplicably, the documents leaked to the media almost immediately. I considered it a major breach though I don't know up to today the source of the leak. And as soon as the newspapers carried the story, Jakoyo called me, yelling. I asked him why he was shouting. He replied that they were trying to help yet we were destroying. I didn't quite know what he was talking about until he disclosed that Raila had told him that I was the one behind the affidavit.
"Raila told me that it was your idea; that you are the one who took Nyong'o and Salim to his house in Karen when he had just arrived from abroad; that you ambushed him…"
"Wait a minute Jakoyo; are you listening to yourself? Have you just said that I ambushed the Prime Minister of the Republic of Kenya? Now, how do you imagine I could do such a thing? Did you also say that I am the one who took Nyong'o and Salim to Raila's home? Isn't Nyong'o my senior? Don't you think he would have been the one who took me to Karen?"
"You think I'm joking Miguna; I'll expose you in the media! I'm going to condemn you in the media."
"Well, do as you wish. I followed Jakom's instructions. You should have been happy that I was so efficient!"
Thus, Raila had flip-flopped again and again on grave matters with national and international implications. By then, I was convinced that Raila wasn't a leader. He couldn't manage even a group of squirrels. But the work had been done. Once more, my – in my opinion, noble – actions had put me in the firing line.


--- On Mon, 8/6/12, cidi.naomi@gmail.com <cidi.naomi@gmail.com> wrote:
From: cidi.naomi@gmail.com <cidi.naomi@gmail.com>
Subject: [changemombasa2012] Re: [uchunguzionline] Raila's charm offensive on muslims
To: uchunguzionline@yahoogroups.com
Cc: changemombasa2012@yahoogroups.com
Date: Monday, August 6, 2012, 11:51 AM

George

Thanks. That's a big one!
Naomi.
Sent from my BlackBerry®
From: ANYUMBA GEORGE <anyumba462@yahoo.com>
Sender: uchunguzionline@yahoogroups.com
Date: Mon, 6 Aug 2012 07:54:09 -0700 (PDT)
To: uchunguzionline@yahoogroups.com<uchunguzionline@yahoogroups.com>
ReplyTo: uchunguzionline@yahoogroups.com
Subject: Re: [uchunguzionline] Raila's charm offensive on muslims

Mama Cidi
Here is the original message; below find the trnslation
"Oyawore nyar ot.
Gik ma iwacho ok winjre na. An gi adieri ni ji mang ' eny ma opogore kod an be ok winji.
Yie mondo seche moko ilos kodwa gi dho kwerewa mondo wanbende watem wabed kodi on the same page".
JUDY; GOOD MORNING MY SISTER. I DONT GET WHATEVER YOU SAY. I BELIEVE MANY PEOPLE, A PART FROM ME ALSO DO NOT UNDERSTAND WHAT YOU SAY HERE
SOMETIMES USE THE LANGUAGE OF OUR FORE FATHERS SO THAT WE CAN UNDERSTAND YOU AND BE ON THE SAME PAGE
Afwande

From: "cidi.naomi@gmail.com" <cidi.naomi@gmail.com>
To: uchunguzionline@yahoogroups.com
Cc: progressive-kenyans <progressive-kenyans@googlegroups.com>; YP Young Professional <youngprofessionals_ke@googlegroups.com>
Sent: Monday, August 6, 2012 10:55 AM
Subject: Re: [uchunguzionline] Raila's charm offensive on muslims
George
I accept your apology on behalf of Men behaving badly:) you are a sweetheart - totally.
Where is my translation?:).
Cidi.
Sent from my BlackBerry®
From: ANYUMBA GEORGE <anyumba462@yahoo.com>
Sender: uchunguzionline@yahoogroups.com
Date: Mon, 6 Aug 2012 07:15:12 -0700 (PDT)
To: uchunguzionline@yahoogroups.com<uchunguzionline@yahoogroups.com>
ReplyTo: uchunguzionline@yahoogroups.com
Cc: progressive-kenyans<progressive-kenyans@googlegroups.com>; YP Young Professional<youngprofessionals_ke@googlegroups.com>
Subject: Re: [uchunguzionline] Raila's charm offensive on muslims

Mama Cidi;
I apologize on behalf of Okello.
I did not post in Luo
Afwande

From: "cidi.naomi@gmail.com" <cidi.naomi@gmail.com>
To: uchunguzionline@yahoogroups.com
Cc: changemombasa2012@yahoogroups.com
Sent: Monday, August 6, 2012 10:16 AM
Subject: Re: [uchunguzionline] Raila's charm offensive on muslims
George It was in my opinion disrespectful to post in luo! We are not all luos in the fora! You could have sent it ki-private to whoever! We demand an apology and translation:). Heheheee! Cidi.
Sent from my BlackBerry®
From: ANYUMBA GEORGE <anyumba462@yahoo.com>
Sender: uchunguzionline@yahoogroups.com
Date: Mon, 6 Aug 2012 04:57:59 -0700 (PDT)
To: uchunguzionline@yahoogroups.com<uchunguzionline@yahoogroups.com>; Africa- Oped<africa-oped@yahoogroups.com>; YP Young Professional<youngprofessionals_ke@googlegroups.com>; progressive-kenyans<progressive-kenyans@googlegroups.com>
ReplyTo: uchunguzionline@yahoogroups.com
Subject: Re: [uchunguzionline] Raila's charm offensive on muslims

Okello;
90% of the time Judy speaks in gibberish. I gave up on her long time ago. We are busy people and nobody has the time to read through a myriad pages on nothingness. Do what I do best, if it is an attachment, I read it. If I see the word "Folks", I run to DELETE button
Regards
Afwande

From: "tomoreje@gmail.com" <tomoreje@gmail.com>
To: uchunguzionline@yahoogroups.com; VuguVuguMashinani@yahoogroups.com; progressive-kenyans@googlegroups.com
Sent: Monday, August 6, 2012 2:22 AM
Subject: Re: [uchunguzionline] Raila's charm offensive on muslims
Hehehehe! Seems like Okello has given up Cheers.
From: okello emmanuel <oldiya@yahoo.co.uk>
Sender: uchunguzionline@yahoogroups.com
Date: Mon, 6 Aug 2012 05:52:20 +0100 (BST)
To: jbatec@yahoo.com<jbatec@yahoo.com>; jbatec@yahoo.com<jbatec@yahoo.com>
ReplyTo: uchunguzionline@yahoogroups.com
Cc: uchunguzionline@yahoogroups.com<uchunguzionline@yahoogroups.com>
Subject: Re: [uchunguzionline] Raila's charm offensive on muslims

Oyawore nyar ot.
Gik ma iwacho ok winjre na. An gi adieri ni ji mang ' eny ma opogore kod an be ok winji.
Yie mondo seche moko ilos kodwa gi dho kwerewa mondo wanbende watem wabed kodi on the same page.
Nyakalaga mondo oyie ogwedhi.
Make Hay While The Sun Shines.
From: Judy Miriga <jbatec@yahoo.com>;
To: Judy Miriga <jbatec@yahoo.com>;
Subject: [uchunguzionline] Raila's charm offensive on muslims
Sent: Mon, Aug 6, 2012 12:42:10 AM
Folks,
Did you notice what I saw? The plane to taxi without a pilot?
ODM going without a pilot.....!!!!!!...... aaaand the pilot jumping
on board a taxing plane on run-way ???.........will the pilot be
paying a short call visit to Hague expecting to be back on time
to pilot the plane while on run-way taxing......??? Is this not a
Jua Kalulu comedian?
People, it is time we must build a momentun for Way-forward
for fresh start. We must not get stuck with things that have
failed and are not able to inject new energy for Reform Change
we all want. With defective Constitutional clauses that have
been injected, public mandate legislation for Bills of Rights are
incompartible. Public agenda for good and responsible Reform
change governance must be made effective. Those that are
corrupt or engages in corrupt business and have broken the law
must face the law including Kamlesh Pattni etc., and the law
must be seen to have been fairly served. Goldenberg, Anglo
Leasing, Grand Regency etc., cases must clearly pay back the
aggregate value of public stolen funds to reduce the accrued
fiscal debt. Public must not accept to pay debts that are under
a jeopardy of conspiracy, and are stolen from them by crooked
corrupt unscrupulous politicians. If we keep quite, we shall be
destroying our own livelihood and survival.
The Truth Must Set Us Free people.
A responsible leader must provide a guide in a Plan of Action;
how things ought to be done in a manner that produces good
result by making government machinery work favorably for its
people. To do this, a responsible leader must by all means
fight hardest to create a fair conducive favorable environment for
public opinion to thrive. This is failing and this is what we are
fighting for.
Things must be put in the right perspective before election is
done. If not, the Coalition Government must be disqualified and
put on Legal notice to face non-compliance to Chapter 6 Reform
Accord Jurisdiction Agreement over Oath Obligations.
It must be done people.......and, no defective or disfunctioning
plane will do..........aaaand, no plane should taxi without a pilot.
It is against all forms of Local or International known law ethics.
Cheers everybody.......!!!
Judy Miriga Diaspora Spokesperson Executive Director Confederation Council Foundation for Africa Inc., USA http://socioeconomicforum50.blogspot.com/
--- On Sat, 8/4/12, Judy Miriga <jbatec@yahoo.com> wrote:
From: Judy Miriga <jbatec@yahoo.com> Subject: Raila's charm offensive on muslims To: "Judy Miriga" <jbatec@yahoo.com> Date: Saturday, August 4, 2012, 8:13 AM
Folks,
When a plane is taxing, it cannot be tored to the line. It will have left the
line to taxi with passengers on board for take off. But if a pilot is not on
the plane when it is taxing, something is surely a miss, passengers are
at serious risk not withstanding serious defects or loose gadgets on the
plane.
Is this it people.......?????........You must be wary and extremely scared
being on board on a defective plane with faulty gadgets.....
Hehehehehe........It is the truth that shall set us free people......aaaand,
you heard it from the horses mouth.......
Judy Miriga Diaspora Spokesperson Executive Director Confederation Council Foundation for Africa Inc., USA http://socioeconomicforum50.blogspot.com/
Raila's charm offensive on muslims
Prime Minister at a past function. PHOTO / FILE
Prime Minister at a past function. PHOTO / FILE
By JEREMIAH KIPLANG'AT jkiplangat@ke.nationmedia.com Posted Thursday, August 2 2012 at 05:20
Prime Minister Raila Odinga has reached out to the Muslim community saying he was the right person to work with them.
The PM on Wednesday hosted Muslim faithful from Nairobi at an Iftar dinner to break the day's fasting at the Intercontinental Hotel in Nairobi where he asked them to work with him as he seeks the presidential seat.
Speaking in parables, Mr Odinga said: "the Kenyan plane is on the brink of take-off. It has already left its hangar, has already taxied and is now on the runaway. Now it only needs a pilot. This is where I'm asking you to work with me."
To: wanakenya@googlegroups.com
CC: uchunguzionline@yahoogroups.com; changemombasa2012@yahoogroups.com; jamian@yahoogroups.com; kenyaonline@yahoogroups.com; africa-oped@yahoogroups.com; kenya-can@yahoogroups.com; NewVisionKenya@yahoogroups.com; progressive-kenyans@googlegroups.com; madaraka-kenya@yahoogroups.com; siasa-kenya@yahoogroups.com; thelastwordtokenya@yahoogroups.com From: mauricejoduor@gmail.com Date: Sat, 4 Aug 2012 18:41:22 -0400 Subject: [KOL] Re: ASIANS, THEN LUOS ARE OWNERS OF ODM
Warsama, Are you telling us that you hate Indians? Please be clear. Courage
On Sat, Aug 4, 2012 at 3:49 PM, mohamed warsama <http://us.mc1606.mail.yahoo.com/mc/compose?to=mhmdwarsama@yahoo.com> wrote:
BASED on Donations given to ODM in 2007 Elections, one can say if ODM was a commercial investment company, its main shareholders would be Asians followed by Luos. Surprisingly, Hassan Ali Joho and his brother Abu were not listed in the report to Treasurer Magara prepared by MP Shakeel Shabbir but Balala and family shown as having donated Sh 8m. Also missing from the list are tycoons Mohammed Jafferali of Grainbulk and Rashid Sajjad, former Kanu Coast sugar baron.
DONORS-ASIANS
Visa Oshwal 10,200,000
Gymkhana Club 5,150,000
Premier Club 5,250,000
Westlands Assoc. 12,800,000
Kamlesh Pattni 13,500,000
Kamani 45,000,000
Tata Tea 50,000,000
Tata Consultancy 350,000
Tata Motors 35,000,000
A. Walji 7,000,000
Kisumu Simba League 21,250,000
Colourprint 8,000,000 (T-shirts,caps)
A. Pereira 107,000,000
DONORS-LUOS
Spectre 90,000,000
Energem (Spectre 52,500,000
Partner)
Deya 25,000,000
Deya Congregation 10,500,000
James Ongwae 3,500,000
Jane Konditi 250,000
J. Oduol 300,000
Otieno Ka'jwang 3,500,000
Nyanza Petroleum 1,500,000
Govt of South Sudan 12,500,000
DONORS-KIKUYUS
Charles Njonjo 25,000,000
CMC (Njonjo) 5,000,000
CFC (Njonjo) 5,000,000
JIAM (Margaret 25,000,000
Wanjiru)
DONORS-KALENJINS
Z. Cheruiyot 4,500,000
Sitenei 225,000
Sally Kosgei 2,500,000
Henry Kosgey 20,000,000
S. Mwaita 1,000,000
William Ruto 10,000,000
KASS FM 400,000
Joshua Kulei 39,000,000
DONORS-LUHYAS
Paul Otuoma 250,000
Murunga 8,500,000
Musalia Mudavadi 12,500,000
DONORS - WHITE
Texeira 21,500,000
Tony Buckingham 6,000,000
Col. Tony Spicer 17,000,000
Esther Passaris 1,000,000
Adopt-A-Light 20,000,000
(Passaris)
DONORS-ARABS
Seif-ul-Islam 53,450,000
Gaddafi
Najib Balala 8,000,000
Zubeidi Group 20,000,000
DONORS - MAASAI
William Ntimama 5,000,000
DONORS - KISII
Onyancha 300,000
DONORS - NIGERIAN
Ex-President Obasanjo 25,000,000
DONORS - USA
Friends of Senator BO 66,000,000
Many of the above will not be donating this time around for a variety of reasons. Even Henry Kosgey who has been on ice for a year now will not chip in with Sh 20m.
The surprising thing is this ODM Party of Raila which claimed will fight corruption in high places was not averse to taking money from Kamlesh Pattni, Kamani and Pereira who were involved in Goldenberg and Anglo-Leasing scandals.
It also gladly accepted donations from Bishop Deya who has been accused of child trafficking.
What else can we say except that we can conclude ODM is a party of pretenders and charlatans ?
Mohamed Warsama
Responding to Raila Odinga, Sarah Elderkin and the Kanu Orphans – FINAL RIGHT OF REPLY
By Miguna Miguna – August 4, 2012
Sarah Elderkin continues to peddle cheap and illogical falsehoods, propaganda and malicious lies against me in a desperate attempt to defend Raila Odinga's indefensible peccadilloes and rotten office. She seems to have been given a carte blanche and unlimited space by the Kenyan media to divert attention from my book, Peeling Back the Mask: A Quest for Justice in Kenya. Raila, through her, wants the debate to be about me; not about him. Yet, it is Raila who is running for president, not me. It is Raila who is the prime minister, not me. It is Raila and his tattered record that must be scrutinised and thoroughly vetted, not me. Luckily, diversionary sideshows will not deter me. I will stay focused no matter what Raila, his propagandists and groupies do or write.
Sarah claims that she called me "intelligent, well-read, well-prepared, honest, stalwart, upright, hardworking and supremely committed to what is good, proper, right and just" because she hadn't known me well. However, Sarah and I were introduced by Raila in 2006. Despite her amarteurish and belated assertions in numerous propaganda articles, Sarah and I have previously worked very closely in trying to bolster Raila's shaky political position in Kenya. We worked closely from 2006 to 2011, a whole 5 years.
Her accolades of me weren't just published in the local media less than one year ago; they are contained in hundreds of email exchanges between the two of us. Now Sarah would want Kenyans to believe that I am dishonest and an appalling liar. Am I a liar because I have published a book that is critical of Raila Odinga? Am I a liar because I have exposed the rot surrounding her deity and benefactor?
In Sarah's August 6, 2011 email to Raila, she wrote that "I personally think that what has happened is appalling. When I heard of it, my first thought was Moi, and the trepidation with which people awaited the one o'clock news and roadside declarations about their sacking. It is terrible that an action of your office should reduce me, of all people, to that kind of comparison.
Apart from being completely ill-advised that you rid yourself of one of the best brains you have around you (and you have got some nincompoops, that's for sure) this has been done in the most disgusting fashion. Public executions went out in the UK a couple of hundred years ago. They were mourned by some as a loss of spectator sport.
That a man who has been so loyal to you and to the party and put so much of himself into defending it against destructive incursions from outside should be publicly lynched in this manner is something I cannot and will never be able to condone. It is primitive and uncivilized and inhumane. How is this person ever to retrieve his reputation and continue with his life? Was this necessary? It's a disgrace.
And that is not to go into the details. Suspended without pay? Apart from the fact that this is completely illegal, Miguna has five young children at home to take care of. Inhumane or what? What message does this give about you and your office?
You have people around you playing major roles who are irredeemably corrupt. Two of them were suspended earlier and then incomprehensibly reinstated. They were suspended on full pay and benefits. Now you have a man who is totally loyal and not involved in your office staff's blatant, well-known all over town, corruption, yet he is 'suspended' without pay – and this is activated by one of those whose integrity I wouldn't trust beyond a yard away from me, someone the whole town talks about."
Sarah has not stated that she wrote that email under duress. She hasn't denied the contents of that email either. When Sarah accuses Raila of surrounding himself with "people…who are irredeemably corrupt; two of them were suspended earlier and then incomprehensibly reinstated; they were suspended on full pay and benefits; now you have a man who is totally loyal and not involved in your office staff's blatant, well-known all over town, corruption," has she suggested that I held a gun to her head and forced her to write these things? Is she renouncing her own words? If she is, why should we believe a character who would make such serious claims only to renounce them less than one year later?
Given Sarah's self-pronounced experience, ability at conducting unimpeachable research and impeccable character, could she have stated, as fact, to Raila in writing, that Raila had surrounded himself with senior staff who are "irredeemably corrupt" and whose corruption is "well-known all over town" without cause, reason or justification? Sarah knows the truth. She knows that Raila and his office are rotten from top to bottom. Calling me names will not change the truth.
Since I have produced a few copies of Sarah's emails (and I can produce more) proving what she and I knew of corruption in Raila's office, can she produce emails or text messages proving the repeated assertion Raila, she and others have made that the source of her information regarding corruption revolving around Raila emanated from me; and that I begged her (and others) to intervene or "mediate" on my behalf?
Not only did Sarah term my suspension "appalling, ill-advised, illegal, primitive, uncivilized and inhumane"; she also accused Raila of discarding "a man who is totally loyal and not involved in your office staff's blatant, well-known all over town, corruption…" So, Sarah knew of the "blatant, well-known all over town corruption" of the Raila's staff; correct? The same "blatant, well-known over town corruption" that I have exposed in my book and which, she, among other sycophantic paid propagandists, are now desperately trying to conceal and wish away? The question is why? Why is Sarah virulently attacking me for exposing what she herself stridently complained about in that letter to Raila less than one year ago?
Sarah and others know that Raila has been presiding over a rotten edifice of corruption, nepotism, deception and greed. She knows, like I do, that Raila is not a reformer. But she is more concerned about protecting her source of dubious income rather than protecting the public interests. Sarah started attacking me and attempting reckless and inept and dubious psycho-analytic evaluation of me primarily out of panic; the fear that my book presents a serious challenge to two decades of Raila's Machiavellian subterfuge and petty tricks.
Sarah has falsely accused me of breaching an undertaking of confidentiality over the letter she wrote to Raila about the universally acknowledged blatant, irredeemable corruption of Raila's office staff. Sarah hasn't and cannot produce a copy of that undertaking because it doesn't exist. I never, ever gave Sarah that undertaking. I wouldn't have. Why would I have given an undertaking to keep the letter hidden away from the public? Isn't it in the public interest for Sarah and me to come clean on the "blatant, well-known all over town corruption" at the OPM?
The text messages between Sarah and I that she has belatedly produced confirm and substantiate the fact that I have constantly raised issue about corruption in the Prime Minister's Office. Sarah has confirmed that I repeatedly did so when I was employed at the OPM and continued to do so after I ceased working there. Whereas Sarah and others were desperate to keep everything quiet and concealed from the public (hence their desperate attempts to reconcile Raila and me), I steadfastly refused to budge. That appears to be the source of Sarah's gripe. But that is her problem. I have no intention of coddling the merchants of impunity or their groupies.
Between full and complete disclosure of corruption and non-disclosure, why does Sarah prefer the latter? Is it because Sarah is more loyal to Raila Odinga the person and more committed to his presidential quest than she is to the truth, honesty and the fight against corruption in Kenya? Or is it because she feeds from the same trough, as it were?
For months following my unlawful suspension, Sarah kept writing and speaking to me (we also visited each other at our respective homes), and strongly urging me to apply for the various constitutional offices that were being filled. She pleaded with me to apply to be the head of either the national anti-corruption agency or the national police service so that, in her words, I could help fight corruption in Kenya.
In one touching email on August 30, 2011 (nearly one month after my suspension), she asserted that: "Miguna, I am really sad...and feel so frustrated by today's situation in Kenya. Did you read Yash's [Pal Ghai's] article in the Star of last Thursday? He has really hit the nail on the head, and it is so depressing. Corruption is everywhere and it seems there are only very few people who are not there simply for what they can get. Few and far between. I enjoyed reading Wamwere's article on Sunday and yesterday, too (Std). He writes well.
I take it from your article today that you are glad, if anything, that PLO has gone. He was pretty hopeless, I must admit, but now it appears we are going to have a toothless body at the mercy of parliamentarians. Where shall we go from here? Very worrying.
I hope you will share your plans with me (confidentially, of course) when you know what you are going to be doing. Maina Kiai and I have been sharing some thoughts on things in general, and how depressing everything is, and in passing we mentioned you and both really hoped that you would see your way clear to getting up, doing well and being a positive factor in Kenya's future. Kenya still needs you. I am still so upset about what has happened." [Emphasis added].
Were these legitimate and genuine expressions on empathy and grief or were they subterfuge? Which Sarah should we believe; the one now parroting falsehoods against me or the earlier one? When and why exactly did she change her tune? It would appear that she did so only after I made a decision to expose Raila's numerous peccadilloes!
Then, of course, are a litany of arcane, concocted and mangled anecdotes Sarah and others have recently weaved together as part of a fight-back strategy to save Raila's fast-dwindling political and/or electoral fortunes. In a feat of rehearsed and contrived amnesia, Sarah claims that I have exaggerated my role and importance in the coalition government and in Raila's Court, and attempts to deny my principal roles as one of Raila's longstanding speech writers and a former key strategist.
However, rather than deal with each and every falsehood she peddles – and they are now a legion – I will only address a few. Not only did Sarah and I prepare Raila's main presidential campaign speech in 2007; I was the one who researched, selected and inserted all the quotes of Martin Luther King Jr. and Mahatma Gandhi. Raila, Sarah and I know the truth. I still have copies of all the email exchanges between Raila, Sarah and I as well as all the drafts of that speech. Similarly, Raila and Sarah know that I was the one who prepared Raila's speeches for Minnesota and Denver, among others. If Sarah insists, I can avail copies of our email exchanges to prove these things, including a copy of the speech Adams Oloo plagiarized and the final one I prepared for Raila, and which he read at Mancato in Minnesota.
Sarah and her supporting cast of propagandists must be aware of how easy it is these days (with the use of modern technology) to preserve records and establish the truth about the origins or sources of documents. Fortunately, we are way past the age when Sarah learnt her propaganda skills and journalistic trade; when all it required for one to tell a lie effectively was to hide all the hand-written notes and records from prying eyes. Sarah knows that even in that old tested tradition of note-taking and keeping, yours truly is an experienced hand and can easily wiggle out those gems to prove my case.
The intention of the Raila Propaganda Machine has been to depict me in the worst possible light; even falsely claim that I am suffering from some kind of psychological or mental illness. (It is so sad that despite the Bill of Rights in the Constitution barring discrimination and protecting people suffering from physical, psychological and mental illness, Raila and his groupies believe that it is all right to attack those perceived to suffer from these illnesses under the guise of attempting a take-down on me. Where is Raila the reformer?).
As Sarah told Raila in that August 6th, 2011 letter, reading her lengthy gibberish and those of Philip Ochieng', Wambugu Ngunjiri, Okech Kendo, Kipkoech Tanui and Makau Mutua remind me of Daniel Toroitich arap Moi. It was Moi who termed each and every critic a 'drug addict and mad man.' During Moi's repressive regime, Jaramogi Oginga Odinga, Raila, Koigi Wamwere, George Anyona, James Orengo, Abuya Abuya, Chelagat Mutai, Mwashengu wa Mwachofu, Lawrence Sifuna et cetera, were all delusional and suffering from acute mental and psychological ailments. And what was their prescribed treatment?
Detentions without trial. Brutal tortures. Exiles. Harassments. Stigmatizations. The same prescriptions Sarah, Ochieng', Mutua et al are currently peddling in response to the publication of my book, are the same ones Moi and other African 'Strong Men' used to 'deal' with their real or perceived opponents. These aren't new, creative or original tricks. Unfortunately for these Kanu Orphans and Raila Groupies, some of us aren't scared or deterred.
As I argue in the book, ad hominem is the tested weapon of the lazy, the cowardly, the malicious and the intellectually impotent. Competent people capable of debate don't hurl abuse at their true or perceived opponents; they reason, debate and argue. Unfortunately, what I have been reading doesn't constitute reason, debate or discussion. They don't add to any body of knowledge.
Readers and history have a way of distilling quality out of literary works. Writers write books. Critics, if they are competent and ethical, critique those books. Smear campaigns, however, have never passed the squat test for literary criticism. I have no intention of critiquing my own books and this shouldn't be misconstrued as an attempt to do that.
Cheap propagandists like Sarah peddle false and concocted stories about my alleged working for certain undisclosed politicians, before dramatically turning around and asserting that I have "attacked everybody." So, which is which? They can't have it both ways. Raila has also dramatically claimed that I have written 'glowingly' about his political opponents. May I know from the Right Honourable Prime Minister where such glowing statements appear in my book? Or is it possible that he has been reading the version his groupies criminally pirated and have been disseminating unlawfully?
None of the so-called critics has clearly stated which chapter, paragraph or line they disagree with and why. Writing a book – any book – is a tedious and onerous undertaking. It takes time and careful thought, reflection and introspection. The more original a book is the more one does not encounter reference to dead or living writers. Memoirs are about one's life; not how many books one has read and cited. This isn't a text book. However, it is, like with virtually all written work, an intellectual undertaking. Whereas lazy writers (especially half-baked lawyers who have never entered a courtroom to argue a case like Makau Mutua) fill their texts with reference upon reference of other people's works, original writers do not. Through writing, we share ideas, experiences and thoughts.
One of the central arguments in the book is that faced with adversity – both natural and artificial – we, individually and collectively - are capable of overcoming them if we are disciplined, persistent, hard-working, honest and courageous. I have given numerous examples when, as an 11-year-old boy, I used these qualities (which we are all born with and can harness) to overcome harsh and near fatal conditions in Lambwe Valley; how I utilised them to escape into exile after I had been abducted, detained incommunicado and tortured for 14 days at the Nyayo Torture Chambers; how I managed to succeed against all odds in exile; et cetera.
Within ten days following the book launch, hundreds of readers – especially young ones - have so far confirmed that these incidents have inspired them rather than made them feel envious, jealous or dejected. If my book can inspire just one life and help that person overcome adversities, I would be a happy man. Fortunately, so far, a lot of readers have confirmed that the book has made a significant difference in their lives. That's invaluable.
However, there are some people who have attempted to twist portions of my book and desperately tried to assassinate my character. Some of these people are trying very hard to selectively quote sections of my book, concoct stories and leak and misrepresent some internal memos and briefs to paint me as a liar and even a mad man.
Ironically, the same people trying to besmirch my character on the basis of an absolute acquittal over false charges, have strongly defended Raila Odinga whose prosecution for treason arising out of the 1982 attempted coup, was based on a technicality. Why haven't they accused Raila of mass murder and mayhem that followed the 1982 attempted coup? Double standards would not do. How about Nelson Mandela, Marcus Garvey, Malcolm X, Jomo Kenyatta and many other freedom fighters that were convicted and served long sentences for all manner of alleged crimes?
Some clueless (yes, clueless!) people have even suggested that my book cannot be believed because it doesn't include this settled case, where I was completely vindicated. Why must it be there? Let me say this much: There are lots of ignorant people trying to sound intelligent on issues they know either nothing about or are manufacturing. Writing a book, as I have stated before, is an onerous task. It takes time and goes through many processes. The original complete manuscript of Peeling Back the Mask was more than 600,000 words, approximately 1,500 pages. It was a mammoth of a manuscript. My editor and publishers wanted to release two volumes of the book; the one dealing with my background and the so-called "Raila Years." I seriously considered their proposals and declined. The reason was simple: most of the shouting mobs would have only read (if at all) the politically-charged "Raila Years" and ignored the portions dealing with my earlier life. The so-called "Raila Years" would either have taken over my life, or been presented as the most significant years of my life while in truth they aren't.
However, in resolving to have my life story told in one volume at this stage, my editor and publishers insisted on paring down the book significantly. In fact, Peeling Back the Mask is only half of the original manuscript. Hence, a lot of material, some by far pithier and perhaps even more significant than some of the portions we retained, has been reserved for another day. That partly explains why I said during the launch on July 14th, that I have another book ready, which I can release at any time of my choosing.
Readers need to understand that writing a book is not the same thing as oral narration. The process of writing requires more conscious discretion, distillation, analysis, synthesis and artistry (not that oral narrations do not). Words cannot simply be strung together and bound up lazily like Makau Mutua often does in his column in the Sunday Nation. One can perhaps get away with it in either our dreary and lazily edited newspapers or in self-published books. Supposed law teachers like Makau are some of the most intellectually lazy people I have met in my short life. Law texts and case books are routinely just a collection of other people's labour – reproduced judgments, articles and chapters in books. Nothing creative or original there. Unfortunately, in Kenya (and it now appears even in Buffalo, USA), regurgitations and citations are elevated above originality. So, I sympathise with Makau's inability to read, comprehend and write. We need not blame him for he doesn't seem to have recognised his shortcomings and therefore cannot address them. It's perhaps too late to teach an old dog new tricks! But he committed something akin to an intellectual criminal offence when he deliberately attempted to put words in my book.
Makau claimed – without citing the page and text where such an expression appears - that I called somebody a dog. (He doesn't even say who it is because no such statement exists in my book). The incident Makau desperately attempted to misconstrue refers to a quotation of Raila referring to James Orengo (during Orengo's Mageuzi period) as a dog. I quoted one of Raila's body guards telling me that. It is the height of intellectual dishonesty for Makau to try to blame me for Raila's infractions. Unfortunately for Makau, he can't get away with it.
Makau and Ochieng' are merely reacting (I must confess very ineffectively) to my criticisms of them in Peeling Back the Mask. They are allowed to drown in their own pseudo-intellectual spittle.
It has been interesting reading about purported refutations of my book based either on total ignorance of the contents of the book or bald-faced lies and propaganda.
Undeniably Sarah Elderkin is an employee of Raila Odinga. She is also a very good writer, and until recently, I considered her one of my friends. She is paid handsomely to write speeches, propaganda skits and Raila's memoirs, which she has been labouring to write for the past ten years. (Why isn't she disclosing this in her by-line, or is she ashamed to be associated with Raila? Or perhaps jealous of her inability to complete writing Raila's memoirs that she has been getting paid for the past fifteen years?) By the way, I have more friends – male and female – than the reclusive and paranoid Sarah could ever expect to have.
But it is also a fact that at all the material times; she was never formally employed by the government, had no authority to access government files or information and never attended any government function or meeting. I don't recall seeing Sarah in Toronto in October 2006 when Raila visited me there. She did not accompany Raila to Denver or to Minnesota, but I did. She wasn't in Kilaguni, Geneva, Chicago, Kampala or Buffalo when I visited those places as part of government delegation, or with Raila Odinga. Sarah wasn't present at the Mount Kenya Safari Club meeting with Raila, James Orengo, Anyang' Nyong'o and I when we discussed the Maize Scandal. Sarah wasn't a member of the Raila Think Tank or the ODM Strategic Team and wasn't privy to any of the discussions by these groups. She wasn't privy to any of the incidents and factual statements in my book that she purports to refute. In fact, in most instances, she has ended up substantiating my statements; only quibbling with a few details. What makes Sarah think that her non-existent records and memory are more accurate than my existing ones?
How can she speak authoritatively about meetings she never attended? Why would anyone choose to believe her – or indeed any of the propagandists that have emerged from the woodworks? I have detailed minutes and documents with signatures to prove my case. What I have is ironclad. It's irrefutable. It's incontrovertible. That's why I am not bothered with empty threats and frivolous propaganda.
Then there are baseless allegations that I pleaded with Raila through Patrick Quarcoo for reinstatement. Now that Raila has repeated this scandalous claim in his exclusive interview with the Sunday Nation, wouldn't it have been neater for Mr Quarcoo to confirm or deny it? It's plainly manufactured. Quarcoo can speak for himself. His silence and that of 99.99% of people mentioned in the book tells a very good story; doesn't it? Raila didn't just send Patrick to me; he also sent Salim Lone and Prof Edward Oyugi to me; to beg me to return to his office. (That's what Salim and Oyugi told me. Let them deny it.)
I have never begged Raila or anybody else for anything. I am more than capable of supporting my family. Unlike Sarah who depends on Raila to pay her expensive rent in Nairobi and a mortgage in the UK; I own my house in Nairobi and owned the one in Canada before I relocated to Kenya in 2007.
Raila's ridiculous claim in an interview with the Sunday Nation that I am allegedly 'being funded by the National Security Intelligence Service and his political opponents' say more about Raila's state of mind and ineffectiveness than about me. After all, isn't he, as prime minister, the coordinator and supervisor of the execution of all government functions, including that of the NSIS? May we know who paid Raila for his book Raila Odinga: An Enigma in Kenyan Politics? Since Raila seems to believe that the NSIS is responsible for the publication of political memoirs in Kenya, did they also pay him for his Enigma book?
 
 
Instead of speaking rubbish, why can't he produce the evidence upon which he is making such bald-faced allegations? After all, doesn't he get NSIS reports on a daily basis? I not only visited Canada last year even after my unlawful suspension; I have visited Canada each year since I relocated to Kenya in 2007. Why does Raila sound desperate? Has he been withholding my dues and personal effects in order to reduce me to a pauper?
 
 
Typical of the hypocrite he is, Raila is now openly courting and associating with Maina Njenga, reputed to be the leader of the most vicious and barbaric criminal gang in this country's history. All for the greed of power!
Let Raila deal squarely with corruption, nepotism and abuse of power claims detailed in my book. Let him address his leadership failures. Let him acquit himself of the serious charges that he is not a reformer but a turn-coat. Let him deal with my charge – which I repeat here – that he has become a merchant of impunity. Why is he trying to defend his two senior staff who has been implicated in more than a dozen corruption cases? Why is he retaining Mohamed Isahakia as his Permanent Secretary after the High Court ruled that he had stolen public houses in the Woodley Estate? How about the NHIF houses; hasn't Isahakia openly admitted through a recently released 'audit report' (which he signed) that he illegally acquired houses in a scheme intended to help Kenyans of modest means? How about other ODM cabinet ministers and assistant ministers implicated in corruption and other serious crimes; why hasn't Raila fired even one of the culprits?
 
 
Raila should be told that Kenyans know who Caroli Omondi works for; just as they know who Joshua Kulei worked for under retired President Moi. Why is Raila insinuating that he is the embodiment of reforms in Kenya; he isn't. He used to be a soldier with many others. But he long abandoned the struggle for the transformation of Kenya and has become one of the worst Kanu Orphans. Let him declare his wealth and how he acquired each and every shilling since he became a politician. Threats will not do. Not with me anyway.
 
 
Raila and his desperate groupies have clearly not read the book carefully, or at all. I urge everyone to relax and read the book before some of them perish of unnecessary heart attacks and/or emotional explosions.
 
 
Raila is not a reformer. He is a political conman. Diversionary tactics will not work with me. Raila is the one running for president; not me. He is the one holding an important public office; not me. He is the one we are paying through our taxes to uphold the Constitution and respect the law. Raila must be audited and vetted thoroughly.
 
 
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Mr. Miguna Miguna is an author; a Barrister & Solicitor in Canada;
and an Advocate of the High Court of Kenya
 

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