Wednesday, 30 January 2013

[wanabidii] The Peoples Reform Change Movement want a Legally Legitimate Electioneering of Integrity



My Dear JaGem Konyiego with Good People of the World,

 

Thank you for sharing and truly what is going on in Kenya today are clear signs that are very disturbing, scaring and is at high peak alarming that corruption is dangerously deadly; that things are not good for public livelihood and survival and therefore things must change urgently for better.

 

I hear you loud and clear……Yes, we know all about the j-e-w-e-l-s minus e and l and why the Isiolos, the Marakwetis and the Turkanas are being forced out of their homeland to extinction…..it is because they have been bought and owned illegally through corruption……..it is because of Land Grabbing. It is why the political corrupt ganged to fight against the will of the people and why they are against Reform Change in Kenya and in Africa……..which is why people must unite and fight against the corrupt using the power of the people…….it is why the Land Grabber's Commission Report which is attached here, must be taken to the High Court instantaneously under "Certificate of Urgency" to bar and disqualify Uhuru, Ruto, Raila with IEBC from participating in electioneering and defer election from March to August 2013. It will be foolhardy and unconstitutional to allow things that are totally wrong to go on with electioneering as if all is well. We do not want even the lesser Devil. We are determined to go through is with People Power.

 

It must be noted that Public Opinion is fundamentally important for the success of any Democratic Society. Open Public opinions are what shapes our future.

 

Today there is no President or Prime Minister who should claim to be on active duty; or a functioning Cabinet in Kenya. Their pay ended in January 31st 2013. Please people, follow the statement of Reform Accord statement which formed the Coalition Government. Only public officials in the Administration will for now stay in the Government office to keep it running until after election and a New elected officials are sworn in to carry the day. There is no Member of Parliament who should be running in salary or in public vehicle or is flying a Government flag. If any of the 10th Parliament are earning any salary as at end of February, that is illegal and will be unconstitutional. Only Chief Justice Willy Mutunga with Marende as Speaker remain in office to formalize a Transitional Caretaker Committee incase election is deferred to a further date. Check your constitution and if the Reform Accord Agenda was scuttled, then the constitution remain flawed and people must contest it in the Court of Law and sue those holding office unconstitutionally and are earning public money illegally and unconstitutionally.

 

People are the owners of the Government and it is why Politicians seek peoples vote at election time in order that they are elected to occupy public offices to run public affairs according to public mandate. This is not the case in Kenya with the rest of Africa; which is why Africa is poor yet its resources are making Kings and Princesses of the world richer with strong economic stability. It is the reason you see the knuckle-heads of corrupt politicians getting stubborn and are bragging with greed without shame, imagining as if they own the world. This must stop and the People Power is going to show them how things must be done the right way……..all tall tails of corruption must be cut to size people……..I love ma people, but I hate corruption………

 

If people are the bosses who hire politicians to engage in their affairs running public business, why should politicians act bossy as if they are the bosses of themselves through jeopardizing and intimidating public powers. This will not be the case this time round. People must wake up! People have powers to chart and determine how they wish to be governed and by whom.

 

Today is the day! There is no better time in Kenya than today and a time such as this shall never be seen again; very rare, it is the only one…….it is an opportunity we shall grab it by the bulls-horn. Today, Kibaki and Raila are both Raias, they are ordinary people like you and me with no portfolios or positions in the Government….."they must begin to kaa square" preparing to face the law because, Reform is based on the Law. Miguna said integrity was coming, it is now here. In other words there is no President in Kenya these few months. People are the bosses, people are the Government. This is the best time for the People to exercise their "People Powers" making the best good use of the "Reform Change Agreement" in a discipline and organized manner.

 

Do you know what ??? This is the right time people like Miguna Miguna should take advantage, join with the peopl as Constitutional Lawyer to engage other Lawyers to lead and assist in Legal matters on behalf of the people and make the best logistic moment to gain value and credit for his book-writings for example; and prove the "doubting Thomases" wrong that; believing in his information, intellect with instincts, he was right all along about Raila with explosive corruption in Prime Minister's Office ….….. He will seal history by taking the right steps joining with Peoples Movement for Reform Change for "Kenya Mpya", he should without wasting time, step in to engage People's Public matter to Court of Justice Under "Certificate of Urgency" adding to Land Grabbing findings, to disqualify IEBC for irresponsibility with non-compliance and defer elections including other Politicians lacking Responsibility with Integrity issues. The Land Grabbing Report is a clean legitimate document that should be taken very serious.

 

Raila, Uhuru and Ruto must be disqualified from contesting as their corrupt attitudes as key political players in the primary nomination is already chaotic, has jeopardized the will of people from nominating those who people want from grassroots and through a conspiracy of intimidation, terrorism, thuggery, threats and manipulating Reform Change process, they influence their interest imposing corrupt leaders on the people against peoples wishes. This is unacceptable and it is something they are scheming to make the process of integrity threshold sensor to completely fail. As a result, they plan to make Kenya thoroughly undemocratic and completely un-governable like Mali so that their crimes with lack of responsibility from integrity does not face true justice but reward special interest who already have positioned themselves claiming they have bought Kenya and Kenyans are squatters that must be driven out of their lands by force. These are the Land Grabbers bank-rolling political landscape to fail people's Reform Mandate. See how people are complaining that ODM rewarded Al-Shabaab/Al-Qaeda sympathizers and suspects from Somalia who were brought illegally to Kenya spoiling for the good Kenya Somalis were sponsored and strategically posted in the heart of Greater Luo Nyanza and after the Party primaries, some were issued with certificates as Govornors of Migori. Those illegal Somali business leaders that were siphoned to do illegal business in Nyanza are in a political conspiracy with Museveni to replace Nyanza fishermen so to protect Migingo and Lake Victoria for benefit of Raila and Museveni, Kibaki and Moi; those Somali fishermen in Migingo after Raila agreed to sell Migingo to Museveni and promised to silence Luos with those fishermen at Lake Victoria agreed to keep the area occupied by Al-shabaab; who now own big trawlers in the Lake and who chased and killed Kenyan fishermen after they were brought into Kenya with faked National IDs…..how can this be ??? There are also rumors that the Jo Asembos, Imbos, Uyomas, Jo Nyakach and Migori/Uriri/Kojwach/Oyugis clans are facing extinction as their land are earmarked for the growth of Town Business Centers to be owned by Raila with wife, Oburu, Jakoyo and Prof. Anyang Nyongo. Where are the men of these lands, don't they have educated people to negotiate how their land can be transformed into town-centers……where are Kenyan Economists, Scholars and Professors and town planners, where are our University think-tanks with men and women of wisdom to produce development plan that are sustainable and can be relied upon??? How can Kenyans go to election without report from population sensor report.

 

I challenge you all Kenyan men with those in Diaspora and or have roots in Kenya; can men with balls sit square when Kenya has been sold illicitly and illegally ??? Do we have men in Kenya and in Diaspora?????.......

 

If we truly have men of wisdom with substance in Kenya, I with the rest of good people of the world will not fail to see them wake up, good things will begin to happen right before our eyes…….!!! We are crying for Tom Mboya, those who killed Tom Mboya are still alive, because Tom Mboya was development conscious and those who were jealous of his service to public delivery, for doing the right thing for the people have remained selfish and greedy cabbages doing nothing for the people.

 

No human is perfect, but to give Miguna credibility for his book more specifically on Integrity matters, I will hold his back. We are going to be fully behind Miguna Miguna, this he must take note. We hear there is also a good Lawyer in Malindi called Ochieng Okore, if he is available let him jump in too ….. the field is open to all willing volunteer of constitutional lawyers who feel the pain of corruption killing our people and is willing to come forward and team up, we shall accept them without limit and we shall urgently, starting from now, begin to solicit and raise money for their legal fees and expenses ……..I am already working on its logistics and shall post in the Face Book immediately and next week, I will be on the air, on TV and on Radios. Be on the look out…..!!!.......Everyone must get involved and engage in every way they know how, and let us all unite in this because, united, we shall overcome and bring the Change we all want……..Spread the word……..It is we the people who will bring the change we all want……No one person is an Island……!!!

 

Today, Kenyans don't need any Party to front for their Reform Change they want, all they need is a "Peoples Movement for Reform Change" for "Kenya Mpya" after which a Transitional Caretaker Committee shall be formed to move matters forward till election time.

 

It is Peoples Power towards Reform Change for good Democracy that shall deliver us from the snares of corruption, Land Grabbing, extra-judicial killings, poverty, pain and sufferings to an organized system of Governance with responsible leaders who respect Public Mandate, value Human Rights with virtue and dignity and without meandering, shall deliver public service according to agreed Oath of Office with just rule.

 

We the People, are united with friends and sympathizers of the world who value Human Rights and cherish our peaceful Reform Change fronted by the people and people, we shall not go wrong !!! ………Stay with us and Stick with us and at the end, we shall leave this world a better place to live on.

 

Stay Tuned……!!!

 

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

--- On Mon, 1/28/13, Jagem K'Onyiego <jairuschurch@yahoo.com> wrote:

From: Jagem K'Onyiego <jairuschurch@yahoo.com>
Subject: Re: The Peoples Reform Change Movement want a Legally Legitimate Electioneering of Integrity
To: "wanakenya@googlegroups.com" <wanakenya@googlegroups.com>, "Judy Miriga" <jbatec@yahoo.com>
Date: Monday, January 28, 2013, 10:32 PM

Judy,

 

These are very weighty matters; have they been brought before a Court of Law, or were these published through that Criminal Lawyer MM. I know he is the type who can take an elephant by the tail though that is a mammoth task, but MM will not think twice to do that regardless of whether he is right or wrong.

I understand our Gold in South Nyanza were sold by some Windy Cold men to some unscrupulous Jewel traders, you know those who go by the name J-e-w-e-l-s. Remove e and l near the end and you get Diamond, Copperfield, Goldman, Silvermann etc. I hear the land now belongs to them while the money is being eaten in Gem and Bondo.

Could this be th reason why Bondo 'Unversity' was razed to the Ground? These Scam elections have really led to a great flow of information. I wish they tried fooling us in another way without shoving themselves down our throat. Au siyoo?

Jagem

Living among the Mighty requires Wisdom.

 

 

 

--- On Tue, 1/29/13, Lee Makwiny <amosogal@gmail.com> wrote:
From: Lee Makwiny <amosogal@gmail.com>
Subject: Re: [PK] Fw: [NVK-Mageuzi] Nyanza Leaders Condemn Shambolic Nominations, Call for True Democracy - Press Release
To: progressive-kenyans@googlegroups.com
Cc: "kol" <kenyaonline@yahoogroups.com>, "uchunguzi online" <uchunguzionline@yahoogroups.com>, "africa-oped" <africa-oped@yahoogroups.com>, "changemombasa2012@yahoogroups.com" <changemombasa2012@yahoogroups.com>
Date: Tuesday, January 29, 2013, 6:41 AM

Charles,

I once attended a meeting in Gem, in which Okinda was present.

I want to ask you a few questions:

1. Have you ever wondered why the party did not allow youth elections to happen at the national level?

2. Have you ever wondered why Kathurima, who had planned this election was hounded out of office on flimsy ground there by complicating Meru votes?

3. Ever wondered why the mainstream elections have not been conducted upto this time?

4. Ever wondered why those holding party offices at the national offices refused to vacate those offces?

Having said that, it is also important to bring you to speed on the following?

1. ODM was the first party to put a paid advert asking for the aspirants to express their interest

2. ODM received lots of money to conduct credible elections ( I understand this may not be fully possible)

3. ODM cleared the candidates to run.

Lastly, let it be known to you that the enemies of Raila are not Ochuodhos, Tujus et al. His enemies are Nyongo, Jakoyo, Oburu. They dont care about what happens as long as they get what they want. That is why when it was clear Oburu wont get the governor, his name appeared at the top at the expense of all others who are marginalized and have been working very hard for the party.
 
 
 

Judge gives KRA nod to demand MPs' unpaid taxes

By NATION CORRESPONDENT
Posted Thursday, January 17 2013 at 22:30
Kenya Revenue Authority was on Thursday given the green light to go after any unpaid taxes which the outgoing MPs were supposed to remit following the promulgation of the Constitution which required them to do so.
High Court judge Weldon Korir held that the MPs were not exempted from paying taxes on their income since Article 210 of the Constitution provides that the burden of taxation shall be shared fairly.
He said that the National Assembly Remuneration Act, which exempted MPs from paying taxes was enacted before the promulgation of the new Constitution and that it must be brought into conformity with the Law.
"The country is coming from a background of greed and financial misappropriation. Public money has in the past not always been applied in its intended purpose of the development of a country and it is for this reason that principles of public finance were included in the Constitution," said judge Korir.
He noted that it would be absurd for the lawmakers to claim they expected to continue to be exempted from payment of taxes on their allowances since they were aware that under the new dispensation, MPs would be expected to shoulder their portion of the tax burden.
"The Constitution is the supreme law of this country. It is the will of the people, the mandate they give to direct the manner in which they ought to be governed."
The judge also said all persons working in the country were subject to payment of taxes, a duty he said could not be contracted out, by an agreement between any arms of the government.
He said the Executive and Legislature exercised delegated public power and were therefore constrained by the Constitution and could not exercise any power or perform any functions that were beyond those conferred by law.
"The Executive cannot donate an illegal benefit and if it does, it is an act done in violation of the Constitution, notwithstanding the consequences of the contravention. Equally, parliamentarians are not entitled to accept an unlawful advancement of monies belonging to the citizens of this country," said judge Korir.
The State, according to him, had only one choice when it came to implementation and application of taxation to public officers which he noted was, to obey the Constitution by enforcing and applying the clear provisions of the Constitution.
He said that if any of its agents made the mistake of failing to honour the said constitutional obligation, the party must immediately make amends rectifying the error by remitting any taxes that have not been paid.
Some 18 human rights group members among them retired Presbyterian Church of East Africa minister Timothy Njoya had filed a constitutional reference last year seeking a declaration that all State officers including MPs were under obligation to pay taxes.
They were also seeking to reverse a State directive to all permanent secretaries to refund all taxes deducted from ministers and their assistants.
NOTICE TO THE PUBLIC TO SUBMIT COMMENTS ON 'THE STRATEGY FOR PUBLIC FINANCE MANAGEMENT REFORMS IN KENYA (2013 – 2018)'

The Ministry of Finance through the Public Financial Management Reform (PFMR) Programme invites members of the public to submit written comments on 'The Strategy for Public Finance Management Reforms in Kenya (2013 – 2018)'.

The contribution from members of the public will be taken into account towards enriching the Strategy which is in its final stages of formulation.

Key Aspects of the Strategy
1. The new Strategy not only emphasizes consolidation of gains made under the 2006-2011 PFMR Strategy but also provides a framework for implementing reforms envisaged in the Constitution, the Public Finance Management Act 2012 and other relevant legislation. Most importantly, the Strategy addresses areas of concern highlighted by the report of the Public Expenditure Finance and Accounting Assessment (PEFA), 2012 which is posted on the Ministry of Finance website.
2. Implementation – covering a period of five years - is via seven priority themes important for realizing effective public financial management reforms. Four themes relate to the annual budget cycle (resource mobilization; resource allocation; budget execution, accounting and reporting; audit and oversight) while three themes are cross-cutting (fiscal decentralization; the PFM legal framework and automation and integration).
3. The existing Government systems will be used in implementing the programme and the PFM Reform Secretariat to be domiciled in the MoF will play a strategic coordination role and oversee the implementation of reforms. Political championship will be provided by the Steering Committee. Within each thematic area, there are champions and actors identified that will be responsible for reform implementation and will ensure that reforms are mainstreamed within the Government planning and work processes.
4. The Strategy also incorporates a protocol for engagement with Development Partners. The purpose of the protocol is;
  • To ensure a commitment from relevant parties to harmonization and coordination of all initiatives and activities in support of Public Finance work in the Republic of Kenya.
  • To ensure that development partners' contributions are coordinated and in compliance with policies of the Government of Kenya.
5. Priority areas identified for immediate implementation include: Deepening Intergrated Financial Management Information System Reform; Fiscal Decentralization – put in place a framework for identification, assigning and costing of functions that are to be decentralized from national to county governments as well as to provide a framework for intergovernmental fiscal relations; Independent Oversight – fostering relationship between the Office of the Auditor General and the Money Committees in Parliament; Rollout of the national and county level Programme Based Budgeting; Enhancing comprehensiveness of the budget - accounting for unutilized funds from budget provisions to Ministries Departments and Agencies and factoring into the budget, as a form of expenditure, tax expenses incurred by the Government; Enhancing revenue collection by broadening the tax base, improving tax compliance etc.; Revision of the Procurement law.
6. A Monitoring and Evaluation Framework to track progress of implementation is a key element of the Strategy.
7. The Strategy further stipulates that funding of the reforms should follow a facilitative framework established within the Government. Resource allocation will be assigned to thematic areas and implementation tied to specific activities that contribute to agreed indicators. Government financing will be allocated through the normal budget process. The Government will enter into specific financing agreements with development partners willing to support the strategy. Flow of funds will be defined within the operational plan for the strategy.
A copy of the Strategy can be downloaded from www.pfmr.go.ke. or www.treasury.go.ke
Kindly submit any comments to the PFMR Programme Manager by close of business, Monday, January 28, 2013.
The Programme Manager,
Public Finance Management Reform Programme,
Bima House, Harambee Avenue, 8th Floor,
P.O. Box 30007, G.P.O Code 00100 Nairobi.
Tel: +254 - 20 - 2252299,
Email: pfmsecretariat@treasury.go.ke
NATIONAL COHESION AND INTEGRATION COMMISSION

ADVISORY ON ACTIONS TO REINFORCE PEACEFUL CO-EXISTENCE DURING THE 2013 GENERAL ELECTIONS

Since the return to multi-party democracy, Kenya's General Elections have been marred by violence in largely multi-ethnic regions of the country. The most extensive violence of this nature was witnessed in the aftermath of the pronouncement of the presidential elections results following the 2007 General Elections.

The country is now facing the first General Election after the threat to sustained unity witnessed in 2008 and under a new governance structure instituted under the 2010 Constitution.

The National Cohesion and Integration Commission established under the National Cohesion and Integration Act, 2008 is under Section 25 (j) of the Act mandated to; 'identify and analyze factors inhibiting the attainment of harmonious relations between ethnic communities, particularly barriers to their participation in social, economic, commercial, financial, cultural and political endeavours.

The Commission is required to recommend to the Government and any other relevant public or private body how to overcome these factors'.

NCIC was recently engaged in monitoring of the political party nominations process that was conducted nationwide with a view to identifying potential triggers to violence in the coming General Elections.

The violence that was recently experienced in some parts of the country including the discontent expressed by Kenyans in addition to our findings have highlighted the need for concerted efforts to sustain the relative peace we have enjoyed in the last five years as we approach the General Elections.

NCIC thus makes the following recommendations:

a) The late delivery of ballot material in areas where there exists stiff competition between aspirants and/or parties poses a trigger to violence and should be mitigated

The outcome of our monitoring shows that areas where a number of parties are deemed stronger and/or where equally strong candidates are present, undoubtedly remain vulnerable to rumor mongering and political manipulation. It is also noted that the fact that aspirants were still able to 'party-hop' means that in many areas the contest that could have been concluded with party nominations have been postponed.

b) Conduct of Campaign Supporters

It was apparent (from the monitoring exercise) that the aspirants were more responsive to discussions to keep peace during campaigns but remained susceptible to manipulation from radical supporters. The need to ensure that supporters are not allowed to easily congregate around the tallying areas must be emphasized to control mob tendencies.

We appeal to all Kenyans to maintain peace at all times as they practice their Constitutional right to support candidates of their choice. They should not trample on other citizens' rights as they continue to enjoy theirs.

c) Complete Impartiality of the Police and Administration

The police have a specific enforcement role that must not be diluted by threats to peace.

There is need to ensure that all officers working with the National Police Service, including special police officers appointed under the powers conferred to the Inspector General of Police, sustain law and order around the polling and tallying areas and have adequate knowledge of their roles and mandate. Kenya is raw from the 2007/8 violence and police impartiality will be paramount in ensuring peaceful General Elections.

d) All candidates need to be conversant with the current provisions of relevant laws that relate to keeping peace and order.

Reports of some aspirants marshaling wananchi to violence despite the existence of laws that criminalize such activities should not be tolerated. The existing dispute resolution mechanisms must be used exhaustively.

e) Sobriety and responsibility in communicating polling results

The fast pace and ease of access to communication channels such as social media and cell phones must not be abused or corrupted to relay unconfirmed information.

Only confirmed results should be relayed to avoid miscommunication. Those who engage in such shortcuts should face the law.

WAY FORWARD

(i) Whereas prompt delivery of materials is essential for all polling stations, IEBC should put extra effort in potential hot spots where delivery of polling material need to be prioritized.

(ii) The suspicion Kenyans exhibited against the police force following the 2008 violence still exists. The need to act firmly and uphold the law is key if wananchi are to work with the National Police Service. The National Police Service need to ensure that all persons recruited and deployed at polling and tallying centers are conversant with the law.

(iii) Political parties need to ensure that all persons to whom they issue Party Certificates are sensitized on relevant laws especially sections of the NCI Act 2008 regarding hate speech and other laws relating to keeping peace and non-incitement to violence.

(v) Elections are important in any democratic society but the continuity of the nation is bigger than each and all. Thus the general populace needs to respect the law and remember at all times to put KENYA KWANZA!

Mzalendo N. Kibunjia, PhD., EBS
COMMISSION CHAIRMAN
REPUBLIC OF KENYA

MINISTRY OF LANDS

PUBLIC NOTICE

TASK FORCE ON FORMULATION OF COMMUNITY LAND AND EVICTIONS AND RESETTLEMENT BILLS

The Constitution of Kenya, 2010 and Sessional Paper No.3 of 2009 on the National Land Policy (NLP) provide for a new classification of land to be known as "Community Land".

Under the Constitution, Community lands are to vest in and be held by communities that are identified on the basis of ethnicity, culture or similar community of interest. The Constitution further directs Parliament to enact legislation to give effect to the creation of community land.

On the other hand, evictions have, for decades, taken place in Kenya, especially in informal settlements in contravention of international human rights standards. Mass evictions have usually involved Government Projects or private developers claiming ownership of land on which some of the settlements stand. Sessional Paper No.3 of 2009 on the National Land Policy requires the Government to establish an appropriate framework for evictions, based on internationally acceptable guidelines.

In order to actualize the above referred to provisions, the Minister for Lands appointed a Task Force to develop the Community Land Bill and the Evictions and Resettlement Bill, via a Special Gazette Notice No. 13557 of 21st September, 2012.

The Task Force embarked on this task and having finalized preliminary work, is now ready to go out to the Counties to meet members of the public, groups and institutions to : -

  • Obtain input orally or otherwise, for consideration in the preparation of a Community Land Bill and an Evictions and Resettlement Bill
  • Receive any written memoranda and presentations on each of these bills
  • Receive presentations on any pertinent case studies undertaken on each of these areas
  • Obtain an understanding of the prevailing practices and patterns that should be taken into account in the preparation of each of these bills
  • Familiarize with the extent and geographical locations within which various forms of community land and informal settlements are to be found in the country

This is to notify the public that the Task Force will be holding County Consultation Forums in the Month of February, 2013 at various Counties whose details will be announced later.

This is also to request members of the public to send views, submissions and memorandas to the undersigned.

The Chairperson,
Task Force on Formulation of Community Land and Evictions and Resettlement Bills,
P.O. Box 30450-00100,
Nairobi.
Email: coordlrtu@ardhi.go.ke

Those who wish to address the Task Force may make arrangements with the Joint Secretaries, who can be found at the following physical address.

Ministry of Lands Headquarters
Ardhi House, 2nd Floor
Wing "A", Room 202
Tel. 020-2718050 Ext. 64648

Dorothy N. Angote-Muya, CBS,
Permanent Secretary,
Ministry of Lands,
NAIROBI.

Unemployed and unwanted, Kenya's youth in deep crisis
Africans still view children as assets that are expected to give back to those who invested in them. Therefore, on a psychological level, the unemployed try to mirror the expectations put on them by the society and will lie about their status in order to fit in with the ideal. Photo/FILE

Africans still view children as assets that are expected to give back to those who invested in them. Therefore, on a psychological level, the unemployed try to mirror the expectations put on them by the society and will lie about their status in order to fit in with the ideal. Photo/FILE NATION

By PETER ODUOR pitaoduor@gmail.com
Posted Wednesday, January 30 2013 at 02:00

In Summary

  • Outside offices, restaurants, hotels and shop stalls on the streets of Nairobi, two things occur frequently throughout the day; walking and idling. The streets keep bustling and people never seem to stop streaming by. At a welding store in one of the city's slums, the number of those within the welding area is always more than the sum of the wares on display, the tools at the store, the mechanics, the buyers and unsatisfied customers. Deep in some village, a young man yawns, smacks his lips and lets the cold morning air hit his lungs as ponders the question of many in his epoch; 'what will I do today?'
Samwel Kang'ethe says he is a father of five, but his friends put the number of his children at two, maximum. He says he used to work at a hotel before he lost his job; his friends say he has never landed a steady job since he came to the city from Murang'a.
He says he is okay. He isn't. Not by the way he has been shivering under the noon sun. He says the cigarettes he has been smoking cost him Sh5 a stick. They cost him Sh3 a piece.
Wan, in his early 30s but looking like he is going on to 50, he is a phantom of his age. He has been in and out of employment, is beaten and will stay beaten. An old young man, he claims to have once been without a job for eight years.
At the time, he tried to stay in Nairobi but found the going too difficult and decided to move back to the countryside. There, he started abusing anything that can be abused, and the effects are catching up with him.
Lying under a garbage truck at Adams Arcade, Nairobi, he says his family is fine, that he provides for them. And maybe he does, now he has a steady flow of income collecting garbage.
But there is a part of him that is dead and chillingly phlegmatic. It would be no surprise to learn that he never visits his home.
In a bid to help people like Kang'ethe, the Ministry of Youth Affairs and Sports (then called Ministry of State for Youth Affairs) formulated and published the Youth Employment Marshall Plan in May 2009.
In it, it announced that youth unemployment was "a time bomb that calls for urgent action". Three years later, Youth Agenda Kenya recommended that the government declares "youth unemployment a national disaster".
A disaster it is. When Jacob Omolo wrote his Labour Market and Policy Interventions paper in 1978, the unemployment rate in Kenya then stood at 6.7 per cent. Twenty years later in 1998, the figure had risen to 25.1 per cent.
Quick interventions when President Mwai Kibaki took over lowered that to 12.7 per cent by 2006, but, by 2012, it shot to 40 per cent, probably abetted by the economic recession at the turn of the decade.
Unemployment disrupts life and leaves it's victims basking in disgrace. After a long period of absentee paychecks and diminished savings, a deterioration of the individual begins at the sociological and psychological levels.
These two may be silent, but they are worse than the economic outcomes of unemployment.
The case scenarios are identical everywhere. Young men go to school, finish and expect to join the job market and make a difference through their work.
Employment gives individuals the chance to meet their obligations and the expectations of the society by achieving developmental tasks like marriage, settling down, owning property and so on.
Without a job, the individual finds out how unforgiving the society can be to the unprepared. Take the example of Johnson, who graduated from the University of Nairobi two years ago.
He stands alone today, having held only one contractual job that lasted seven months. A wry and sad smile plays on his lips as he talks of how he has fallen out with everyone in his family and has only one person to call a friend.
"I was just burdensome to them," he says. " At first they were friendly, but the longer I stayed without a job, the more things changed. They would not let me stay at their houses. Some would even offer fare so that I could go back home."
In a family setting, the men become assumptive; the wives get cold and the children suffer.
James Kariuki, a sociology lecturer at the University of Nairobi, says unemployment is viewed as a sign of failure by our, society and the society rejects those that cannot meet the expectations put on them.
However, Kariuki says Johnson's isolation may be of his own making. "Most of the unemployed have identity problems. A career (earning) helps you position yourself. Without it, you become rudderless. You get bitter, frustrated, depressed and embarrassed about your position. The outcome is to push others away or to stay away from them," says Kariuki.
The shame, the embarrassment and sense of failure will stop them from seeking help from the society. If help is offered without their request, they will turn it down. They prefer to keep to themselves and in most cases leave home or move to another town. In fact, instead of talking about their situation, they'd rather lie about it.
Dr Kimani Chege, a pyschologist at Daystar University, believes that, at a sociological level, the stress, anxiety and depression shown by the unemployed youth are as a result of pressure brought about by societal expectations.
Africans still view children as assets that are expected to give back to those who invested in them. Therefore, on a psychological level, the unemployed try to mirror the expectations put on them by the society and will lie about their status in order to fit in with the ideal.
On the spiritual level, unemployment breeds young people who are tired of praying. When these people fail to get jobs, they develop spiritual apathy. They blame God for it and rebel against Him and the Church, hence the many 'I don't believe in God' sentiments.
In cases where these youth choose to stop believing in God, they adopt alternative entities to believe in. This, however, is a road that quickly leads to substance abuse.
A drug and substance abuse addiction recovery center based in Nairobi covertly answered some queries on the correlation between their patients and unemployment related situations. According to the Center, 20 per cent of their patients give job loss as both the cause and effect of their overindulgence, and 30 per cent of their patients are unemployed.
Asked what they feared most once they left the center, being unemployable topped the list of fears. This same group admitted to using mood-altering chemicals as a way of coping with their situation.
Youth Agenda Kenya CEO Susan Kariuki looks at the problem as "a graduate challenge". A young man is taught to get good grades, but not what to do with the grades, she says.
On the other hand, Patrick Gudda of Narok University worries that the Youth Enterprise Fund that he co-pioneered lacks sustainability. But to him the dependency created by unemployment among the youth is the major problem.
"Responsibility is placed on the wrong areas when a young person is unemployed," he says.
A World Bank senior economist, Gabriel Demombynes, points at the economic issues within companies that may contribute to low intake of employees: high electricity costs and frequent power cuts, high transportation costs, and corruption.
"For corruption, we estimate that, if private companies could redirect all the money they use to pay bribes to instead pay salaries, they would hire 250,000 more people," he says.
Politicians, predictably, are promising miracles. The Coalition for Reforms and Democracy alliance (CORD) promises more jobs, entrepreneurship trainings for the youth, business grants and loans for them to expand the businesses.
This policy, apparently, is only possible under a CORD government. Well, get a mirror. An agenda of job creation and provision of grants are also promised by the Jubilee alliance.
But what of the unemployed?
Seven men sit under a tree that also doubles up as a mkokoteni stage. On the table is a thin, green-and-yellow checkered board with sixty four squares. There is a writing on the board; 'touch and play', it instructs. And so the game begins.
They are in Ngong' market. Their shoes torn and badly mended or double-soled brown-black. The man playing red at the end has a puffy face, the kind that, if you pinch, the flesh stays heaped in a small mountain for a minute or so.
His shirt lacks the collar, well; it used to exist before it got worn out and left threads of fabric in its place. He makes his moves, gets to the Kings row and crowns one of his Men.
They play for hours. On intervals, they leave and come back with a banana or mandazi or kangumu. They play, they laugh, a sad laughter which they give when asked about the game. "You pay Sh40 to be a life member or Sh10 for a round of game," he offers.
This is the acceptance stage. The last stage. No more struggle or seeking employment. No more denials and lying about it. Gone, too, is any trace of hope. They have learnt to live without and have submitted to their position in life.
Their position being that of a non-entity in the society. Not at all surprising since your introduction as an adult normally takes the form of "who" (your name) and "what" (your career or occupation).
They have acknowledged their grief, though the grief is not visible...

Five-judge bench to determine Uhuru, Ruto eligibility

From left: Justices Hellen Omondi, Luka Kimaru, Mbogholi Msagha, Pauline Nyamweya and George Kimondo January 29, 2013 tasked with determining the eligibility of Uhuru Kenyatta and William Ruto to vie in March 4 elections. PAUL WAWERU.
By PAUL OGEMBA pogemba@ke.nationmedia.com ( email the author)

Posted Tuesday, January 29 2013 at 14:40

In Summary

  • Justices Mbogholi Msagha, Luka Kimaru, George Kimondo, Pauline Nyamweya and Hellen Omondi handed task of determining the integrity of Mr Kenyatta and Mr Ruto.
  • The two are facing charges of crimes against humanity at the International Criminal Court.
  • Hearing is scheduled for February 6.

The fate of Jubilee presidential candidate Uhuru Kenyatta and his running mate William Ruto to contest in the General Election is in the hands of five High Court judges.

Justices Mbogholi Msagha, Luka Kimaru, George Kimondo, Pauline Nyamweya and Hellen Omondi were handed the task of determining the integrity of the two to contest the county's top leadership despite facing charges of crimes against humanity at the International Criminal Court.

The judges cleared Coalition for Reforms and Democracy (Cord) presidential candidate Raila Odinga and his United Democratic Forum (UDF) counterpart Musalia Mudavadi after their names were struck off the petition.

And to show the seriousness and urgency the judges want to determine the petitions, they directed all parties to file their submissions by Friday failure to which they will be struck out and assumed to have withdrawn their interest in the proceedings.

"Time is of essence and we will only allow highlighting of the written submissions. We will only have a one-day hearing on February 6 so parties must ensure they put all their documents together," said Judge Msagha.

The judges allowed a request by The National Alliance (TNA) to give it time to allow Mr Kenyatta present his nomination papers to the IEBC before filing a response.

Mr Odinga, his running mate Kalonzo Musyoka and Mr Mudavadi's names were struck off after the petitioner who challenged their integrity said he was unable to serve them with the suit papers and was no longer interested in having them defend themselves in the case.

The Public Corruption, Ethics and Governance Watch lobby group and activist Charles Mwangi sought to bar Mr Odinga, Mr Musyoka and Mr Mudavadi from seeking public office on claims that their candidature contravened Chapter Six of the Constitution on leadership and integrity.

The lobby wanted Mr Odinga barred over allegations of fraudulently acquiring his post-graduate degree in Germany, being involved in events that caused the 2007/08 post-election violence and the attempted military coup of 1982.

Against Mr Musyoka, they alleged he used his office to acquire radio frequencies for a company owned by his wife and for authorising the sale of the Somali embassy in Nairobi while Mr Mudavadi was accused of lying about his role in the Goldenberg scandal and for grabbing land owned by the City Council of Nairobi.

The five-judge bench will now determine the petitions by the International Centre for Policy and Conflict, Kenya Human Rights Commission, and International Centre for Jurists over the suitability of Mr Kenyatta and Mr Ruto.

The lobbyists wants the two barred from contesting arguing that Mr Kenyatta and Mr Ruto presence at The Hague to attend trial would hinder them from discharging their duties effectively and want IEBC barred from accepting the candidature of any person facing a criminal case whose sentence is at least six months.

They are also seeking a court declaration that the candidature of Mr Kenyatta and Mr Ruto despite facing charges of crimes against humanity at the International Criminal Court (ICC) is a threat to the Constitution and a perpetuation of a culture of impunity.

According to the groups, a leader is contemplated to be someone who carries dignity, legitimacy and has the people's trust and confidence and that electing any person committed to trial would bring dishonour to the office and seriously affect the person's ability to discharge his duties.

The hearing is scheduled for February 6.

Query candidates seeking governor office, Kenyans urged

By LUCAS BARASA lbarassa@ke.nationmedia.com
Posted Tuesday, January 29 2013 at 12:02
Kenyans have been urged to interrogate leaders seeking gubernatorial positions based on their understanding of urban planning.

Urban experts regretted that issues related to urban development were missing on current debates on who should be elected governor in major counties.

"Urban areas are important in shaping the kind of counties we are going to have. Urban areas should be main issues in transition to county governments. We must interrogate the candidates on the issues," a Swedish embassy official, John Ndiritu told an Urban Journalists Forum at Panafric Hotel in Nairobi Tuesday.

The forum was supported by the Embassy of Sweden to strengthen issue based reporting of urban issues and poverty.

Nation Media Group Managing Editor in-Convergence Churchil Otieno said of the 47 counties only five are more than 50 per cent urban.

Planning expert Patrick Adhola said a governor of a city like Nairobi is like a president in waiting and needs to understand urban economy.

He said 35 per cent of Kenyans live in urban areas which contribute 70 per cent of the Gross Domestic Product.

"We should ask ourselves do we trust the candidates with national economy. Could they talk with the International Monetary Fund or World Bank or we are just kidding?" Mr Adhola said.

He said candidates for Nairobi gubernatorial post should also understand the Urban Area and Cities Act, County Development Plan and know how urban finance works.

He said the candidates should be taken to task on urban economy, how they will move Vision 2030 and address physical and social infrastructure, urban safety, environment and how they would ensure private public sector partnership.

"The candidates should give reasons why we should trust them with our future," Mr Adhola said.

Prof Alfred Omenya of the University of Nairobi said studies show Migori and Kisii were the most unequal towns in Kenya.

Prof Omenya called for planned housing for urban poor saying highly unequal societies were also the most insecure.

He said the 47 counties offer new opportunities for urban development and job creation.

The director for Centre for Urban Planning and Innovations in University of Nairobi Prof Peter Ngao said research on urban poor in Kenya indicated that urban poor spaces have highly educated people but live in worst human conditions.

Prof Ngao said gubernatorial candidates should tell Kenyans there agenda for informal settlements.

He regretted that there is growing polarization with ethnic clashes being witnessed in some slums, a thing that would spoil the cities development.

Renown international athlete Douglas Wakihuri called on cities to create pavements along the road for runners to practice.

Mr Wakihuri who has won three gold medals for Kenya said the country should also improve its infrastructure to be able to host international competitions like the Olympics to turn around the economy.

"We should make some streets and pavements good enough to run. As we look at urban planning, we have to create spaces and provide conducive environment for sporting activities," Mr Wakihuri said.

Raila, Kalonzo, Mudavadi out of integrity suit

Updated 6 hrs 54 mins ago
By Wahome Thuku
NAIROBI, KENYA: The integrity of Prime Minister Raila Odinga and Vice President Kalonzo Musyoka's will not be scrutinised by the High Court after all.
Raila and Kalonzo, both Cord Alliance presidential candidate and running mate respectively, have escaped the possible scrutiny after their names were struck out a petition questioning their integrity.
Also free from similar determination is Deputy Prime Minister Musalia Mudavadi who is the Amani Coalition presidential candidate.
The three have escaped through a technical hitch, after the petitioners failed to serve them with the court papers, prompting the High Court to strike their names out of the suit.
In the meantime, the Chief Justice has appointed a five judge bench that will now hear the petition challenging the candidacy of Deputy Prime Minister Uhuru Kenyatta and former Eldoret North MP William Ruto.
The five judges are Mbogholi Msagha, Luka Kimaru, Hellen Omondi, Pauline Nyamweya and George Kimondo.
The question as to whether Uhuru and Ruto should contest the topmost public offices has been pending in court since January last year.
Three activists filed a petition in January seeking determination as to whether Uhuru and Ruto can pass the integrity text fond in Chapter Six of the Constitution with pending cases at the International Criminal Court (ICC). But the three, Charles Omanga, Mr Patrick Njuguna and Augustine Neto (now Ndhiwa MP), had only named the Attorney General as respondent and the two politicians as interested parties.

In September, the petitioners through their lawyer Ambrose Weda amended the case to include the names of Raila, Mudavadi, and Kalonzo. They raised questions about their suitability for public office over varying allegations ranging from abuse of office, nepotism and corruption, among others claims.
The amendment was rejected by the High Court prompting the petitioners to withdraw the case late last year.
Soon after, four similar petitions were separately filed in the High Court naming all the five candidates as respondents.
One was filed against Uhuru and Ruto was also filed by the Centre for Policy and Conflict (ICPC), a Nairobi based NGO. They also named the Attorney General and the Independent Electoral and Boundaries Commission (IEBC).
Another one was filed by Mr Charles Ndungu Mwangi and a lobby group – Public Corruption, Ethics and Governance Watch – seeking a declaration that the candidature of the five politicians is contrary to the spirit of Chapter Six of the Constitution.
They sought to have Raila barred over his alleged role in the failed coup attempt in 1982, his lack of clear academic credentials and the alleged grabbing of Kisumu's Molasses plant, among others.
The petitioner claimed Kalonzo was involved in land grabbing. He claims the VP had been found guilty of contempt of court and fraud in a High Court criminal case in 1990.
They claimed Mudavadi, lied to the Goldenberg Commission of Inquiry on his role in the scandal. He is also accused of turning a blind eye to the multi-million shilling cemetery scandal at City Hall while he was Minister for Local Government.
On Thursday last week, High Court Judge David Majanja ordered that the cases be consolidated and heard by a bench of not less than three judges to be named by the CJ. The Judge also set out the legal issues to be determined by the bench.
What got Raila, Musalia and Kalonzo of the hook was the additional order that any party not served with the petition papers be struck of the record.
"Any respondents who are parties to the petitions and have not been served with court process are hereby struck out from these proceedings, Majanja ruled on Thursday.
When the case went before the five judge bench yesterday, it emerged that the three top politicians had not been served with the papers by the petitioners. They had technically been removed from the case by the court even without their knowledge.
Earlier the petitioners had claimed they were unable to reach Raila, Kalonzo and Mudavadi to serve them with the papers. They had applied to be allowed to serve them with the petition through the media but judge Majanja had directed them to make a formal application.
The consolidated case now has six petitioners who include the ICPC, The Kenya Human Rights Commission and the International Commission of Jurists (ICJ) Kenya. The respondents are Uhuru, Ruto, the AG, the IEBC and a Mr James Gesami while the The National Alliance (TNA) is an interested party.
Yesterday most of the parties said they had not filed submissions as directed last week by the court. The judges directed that they file submissions and exchange the papers by Friday.
"Any party who will not have served will be deemed to have lost interest in the petition," said Justice Mbogholi.
The consolidated petition will now be heard on February 6, and only for one day.
However lawyers indicated the likelihood of taking the matter to the Supreme Court if and after Uhuru and Ruto are cleared by the IEBC.
The Supreme Court ruled recently that it would be the forum to deal with any disputes arising from the nomination of presidential candidates by the IEBC except those by the political parties.
Yesterday lawyer Lucy Akaka said Mr Weda intended to withdraw from the case due to conflict of interest.
Ms Akaka was instructed to inform their clients of the intention to withdraw and to have them present in persons in court on the hearing day.
The TNA lawyer Kibe Mungai said their response would be determined by what happens today when Uhuru and Ruto present their nomination papers to the IEBC.
The trials for Ruto and Uhuru at The Hague begin on April 10 and 11. Uhuru is charged with former Head of Public Service Francis Muthaura in the second case, while Ruto is charged in the first case with radio journalist Joshua arap Sang.
The removal of Raila, Kalonzo and Mudavadi from the suit is likely to generate debate in the next few days as the leading presidential candidates and their running mates go before the IEBC for clearance. Mudavadi presented his papers yesterday.

Kajwang, Midiwo among aspirants cleared by IEBC

Updated Tuesday, January 29 2013 at 00:00 GMT+3
By Pamela Chepkemei
Nairobi, Kenya: ODM senior politicians Otieno Kajwang and Jakoyo Midiwo got a life line when the Independent Electoral and Boundaries Commission dismissed complaints against them paving the way for them to contest their respective positions.
The dispute resolution committee of IEBC dismissed complaints raised against Midiwo and Kajwang arising from the recent ODM nominations.
Kajwang is vying for Homa bay senatorial seat while Midiwo is vying for the Gem Parliamentary seat.
The committee said it had no mandate to deal with integrity issues raised against Kajwang. A complaint had been raised over his suitability to run for an elective post over allegations of him having been struck off the Roll of advocates. He maintained during the hearing of the complaint that his name was still on the Roll of Advocates.
On Midiwo's case, the committee dismissed the complaint and upheld the decision by the party to give him direct nomination. The Committee said the ODM constitution has a provision for direct nomination.
Another ODM party politician, Shakeel Shabir was cleared to vie after complaint against him was dismissed. The individuals who had filed the suit against Shabir failed to attend the sessions which saw the commission throw out the suit for non-attendance.
Augostino Neto of Ndhiwa Constituency will also vie after a complaint against him was dismissed for lack of evidence.
The committee also dismissed complaints against former Minister Amos Kimunya who is vying for the Kipipiri Constituency seat. The position of the National Alliance party in which he will vie for the seat was upheld.
Mombasa gubernatorial Shabhal Suleiman also emerged successful. The committee allowed him to seek the Mombasa governor's seat on a Wiper Democratic Movement Party. IEBC said Mr Shahbal had proved that he left UDF on December 16 and is now a valid member of Wiper Democratic Party.
He proved that he was no longer a member of the party and the mix up was attributed to party hoping which made it impossible for the Registrar of Political Parties to update list of party members.
Another complaint against former Marakwet east MP Lina Kilimo was dismissed. The committee said the Complaint against Kilimo by Boaz Bowen had no evidence.
The Committee directed that Nyamira parliamentary aspirant on ODM ticket Abuya Abuya be given a certificate to run for the seat on condition that he pays a balance of the nomination fee of Sh150,000.
TNA was also ordered to issue a certificate to Ms Mary Mwangi seeking the Embakasi parliamentary seat.
The Committee received a total of 207 disputes.

ODM heavyweights risk losing tickets

Updated Monday, January 28 2013 at 00:00 GMT+3
By Mangoa Mosota
KENYA: Some politicians in Nyanza Province could lose their ODM nomination tickets if Independent Electoral and Boundaries Commission (IEBC) rules against the party for handing them nomination certificates.
Immigration Minister Otieno Kajwang' could lose the ODM Homa Bay senate ticket if the Disputes and Resolution Panel rules against him.
Others whose fate will be determined by the panel's decision today include ODM Chief Whip Jakoyo Midiwo, immediate former Alego Usonga MP Edwin Yinda, former PS James Nyikal, former LSK chairman Okong'o Omogeni and former Marie Stopes Director Cyprian Awiti.
Mr Kajwang' faced a voter at the tribunal who argued the minister was struck off the Law Society of Kenya membership over integrity issues hence ineligible to contest.
Define integrity
The immediate former Mbita MP, however, defended himself stating that he had been reinstated to LSK mid last year, adding that the meaning of integrity should be clearly stated.
Mr Midiwo, the immediate former Gem MP, would lose his certificate to Elisha Odhiambo, who was reportedly declared the winner after the January 17 primaries.
Mr Odhiambo has persistently indicated that he won the contest, although the party's National Election Board decided to give Jakoyo the nomination certificate.
Mr Yinda would lose candidature for Alego Usonga parliamentary seat if his challenger Omondi Mulwan succeeds in his petition.
The former MP reportedly came third in the duel, after Mr Mulwan and businessman Odunga Mamba, but ODM forwarded his name to IEBC.
In the Homa Bay gubernatorial seat, former CCK chairman Philip Okundi challenged the candidature of Owiti.
Mr Okundi said there were no elections in many areas. However, his political foe said he won the primaries. In Nyamira county, Omogeni's senate candidature will be determined today, after long serving Kitutu Masaba MP Abuya Abuya filed a complaint against him.
Mr Abuya said he trounced Omogeni and did not understand why the party gave the ticket to the former LSK chairman.
But NEB chairman Franklin Bett defended the decision.
GL
UDF aspirant plans court case
• A parliamentary aspirant has vowed to move to court to stop IEBC from processing the UDF nomination list
• Geoffrey Obwoge said he was given the nomination certificate for the Rongai parliamentary seat, but the party submitted the details of John Kitilit to IEBC
• Obwoge is a UDF member, number 111179 and was given certificate number 0095

Jakoyo in campaign brawl

Updated Sunday, January 06 2013 at 00:00 GMT+3
By Lawrence Aluru
Supporters of Gem MP Jakoyo Midiwo clashed with the supporters of his opponent leading to injury of one of the youths during a political rally the constituency.
Benard Ouma, was stabbed on his abdomen by one of their attackers from the opposing camp leaving him with injuries.
The incident forced one of Midiwo's bodyguards to shoot twice in the air to disperse the rowdy.
Ouma was rushed to Yala Level Four Hospital for treatment but was referred to Coptic Hospital in Maseno where he was treated and discharged later in the day.
The brawl ensued when Midiwo and his supporters, were on a campaign trail to popularise his re-election bid at Konjira Village.
His team was allegedly confronted by a group of youths chanting Social Democratic Party slogans.
Midiwo, who was accompanied by a host of councillors and ward representative aspirants, has now accused a Yala Town Council official for the attack.?
"I have unquestionable information on who incited incited the youths and organized them to disrupt my campaigns in Yala Township Location," said Midiwo.
He claimed that the attacker was seen in the officials car moments before the attack, an issue that makes the latter culpable of the incitement. The victim of the attack has already recorded a statement at Yala Police Station.
Siaya OCPD Stephen Cheteka said police have launched investigations into the incident.

IEBC wrong to shelve vetting, group warns

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IEBC wants schools closed for party primaries

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Updated Monday, January 14 2013 at 00:00 GMT+3

By Geoffrey Mosoku

NAIROBI, KENYA: The International Centre for Policy and Conflict (ICPC) has now written to the electoral commission to protest against plans to shelve vetting of candidates.

ICPC in its letter dated January 11 to the Independent Electoral and Boundaries Commission (IEBC) wants to ensure full compliance with leadership and integrity conditions set in the Constitution.

ICPC Executive Director Ndung'u Wainaina said the Constitution gives the commission the sole mandate on all matters touching on conduct, control and supervision of elections.

"Therefore, determining the suitability, ethics and integrity of public office seekers falls squarely on the shoulders of the commission," Ndung'u said.

Criminal records

In September 2012, ICPC had petitioned the court to compel IEBC to make candidates' history and criminal records (if any) accessible to the public for informed decision-making.

"Your office opposed our intention by arguing that our petition was speculative, as you have not failed to develop a detailed code of conduct that is Chapter Six compliant," Ndung'u's letter to IEBC boss Isaack Hassan reads in part.

The High Court, in the Mumo Matemu case, was quite unequivocal that any person who has pending integrity issues is not fit to hold public office and according to the civil society group, IEBC should read from it in setting the mechanisms to vet aspirants.

"To our mind, therefore, a person is said to lack integrity when there are serious unresolved questions about his honesty, financial probity, scrupulousness, fairness, and reputation, soundness of his moral judgment or his commitment to the national values enumerated in the Constitution."

The letter added: "In our view, for purposes of the integrity test in our Constitution, there is no requirement that the behaviour, attribute or conduct in question has to rise to the threshold of criminality. It therefore follows that the fact that a person has not been convicted of a criminal offence is not dispositive of the inquiry whether they lack integrity or not."

Reasonable doubt

The ICPC boss argued that the same standards of integrity were reiterated by the judicial tribunal that investigated the conduct of the former deputy Chief Justice, who was removed from office for misconduct.

"This decision of the tribunal conclusively shows that the standard of proof in ethics and integrity for public office holders is neither that of the criminal law, that is beyond reasonable doubt nor that in civil cases, which is on a balance of probability," he said.

Armed raiders attack Samburu village

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Updated Thursday, December 27 2012 at 00:00 GMT+3

By Michael Saitoti

Over 200 heavily armed bandits made away with hundreds of sheep and goats on the eve of Christmas

Samburu, Kenya: Barely a month after bandits killed 42 police officers in Samburu, more than 200 heavily armed cattle rustlers have invaded and attacked Waso Ronkai village and fled with hundreds of sheep and goats.

The incident in Samburu North occurred at 11pm when the residents were preparing to usher in Christmas Day.

Three families were attacked in the incident. A Good Samaritan took three members of a family who had sustained serious injuries from Baragoi, where they could not access medical services, to Maralal District Hospital where they are undergoing treatment.

Doctors said they are out of danger. The more than 700 police officers currently stationed in Samburu North did not stop the raid despite receiving a report as the raiders fled with the livestock.

"The residents of Samburu North have strongly complained to the Government over persistent attacks and raids by bandits at Masikita and Kawap in Samburu North and the stealing of camels, cattle, sheep and goats from the area," said Lenkai Parsulai, a resident.

Insecurity

Fourty two guns were stolen from the police officers killed in Suguta valley in Baragoi and it is suspected they are now being used in the increased roadside robberies targeting those travelling for the Christmas holidays from Baragoi to Maralal.

Tension increased last week after bandits from Baragoi attacked Allamano village and police also recovered a mobile phone belonging to one of the police officers killed in Suguta valley in Maralal town.

The residents of Baragoi have again requested the Government to beef up security so that they can live peacefully. They fear schools will not re-open in Samburu North due to insecurity.



--- On Mon, 1/28/13, Judy Miriga <jbatec@yahoo.com> wrote:
From: Judy Miriga <jbatec@yahoo.com>
Subject: The Peoples Reform Change Movement want a Legally Legitimate Electioneering of Integrity
To: "Judy Miriga" <jbatec@yahoo.com>
Date: Monday, January 28, 2013, 2:19 PM



To: Chief Justice Willy Mutunga

Head of IEBC Commission

Head of CIC

The Law Society of Kenya

United Nation Chief Ban-Ki-moon

US Secretary of United Nations Susan Rice

African Union Secretary Ms. Zuma

UK Head of Mission to Kenya

US Head of Mission to Kenya

US Head of Mission Johnny Carson

ICC Hague

His Excellency US President Barack Obama

His Excellency UK President Cameroon

My Honorable good people,

I submit this Rights appeal before your good offices so to be given extreme urgency of attention. I believe the Election will not be legitimate if the Diaspora remains locked out from participating fully in the electioneering. It is illegal and unconstitutional. I feel that to avoid inclusion of Diaspora is another way of rigging Reform Change to favor Special Interest corruption as usual and therefore Reform Change will not have been attained.

As a "Voice of Reason", a "Voice of the Voiceless", "a victim of circumstances", A Self-proclaimed Change Agent Advocate of the intimidated, the oppressed and marginalized and Civil Rights Diaspora Spokesperson, I have the following Statement of facts concerning land grabbers commission report, Claims and Appeals to be heard urgently in order to save a grave situation case-scenario of Crimes, Violation and Abuse of Human Rights going on in Kenya and so election of March 2013 can be legitimate. In which case, if Diaspora are not engaged in this electioneering, the rights will have been violated and the election will not be legitimate.

Statement of Facts:

Sometimes on 28th of December 2007 when civil war got out of hand and innocent people were carelessly being slaughtered mercilessly in their houses with pain and sufferings everywhere, I called on Diaspora people from Kenyan everywhere in the world with friends and sympathizers of Kenyan people on the net to assemble for Demonstration to Kenya's Embassy wherever they were so the careless extra-judicial killings could be stopped immediately and Law and order should be followed with firm negotiations for Reform Accord for way forward. On the 2nd of January 2008 in the USA, we did our part where I organized and led the Demonstration and ended it at the White House where former President Bush was kind enough to hear our cry and send The US Secretary Condoleezza Rice urgently to Kenya to negotiate for peace. We believe that those suspects of serious political responsibilities who engaged in Land Grabbing, corrupt practices with other terrorism acts unfavorable to Reform change should be disqualified from contesting in the Reform electioneering in Kenya.

From here we begun a journey of Reform we believe in and are committed that democracy should work in a balance, in an equally shared favorable conducive environment of fair play where all must play by the same set of rules without putting any burden, obstacles or barriers on the disadvantaged poor; that Democracy must be established with the Legislative Constitutional Agreement to guide, protect and preserve Public Mandate demands and needs independently from adverse conflict of interest from Politically Correct Special Business Interest which was the reason for the Civil War with careless extra-judicial killings of the innocent in order to drive people away from their land; and for which the Political Responsibility was to heed and comply in an Agreement and take Oath of Public Office to uphold.

In order that we reach our destination in the journey we took on January 2nd 2008, Kenya Diaspora participation in Kenyas Democratization was Constitutionalized. Kenyans in Diaspora have a right to participate in the Democracy and Constitution making of Kenya. This includes participating in the 1st election for Reform Change because it is our right. It is equally so that, in the democracy train, our destination is to see things change for better and peace, unity and love should be the underlining factor to our progressive development agenda where we intend to improve our destiny with reliable sustained fixtures.

The Constitution is a supreme authority that created the Institution of Parliament, the Executive, the IEBC which oversees electioneering, the CIC that ascertain Reform Constitutionality is in compliance according public mandate and the Judiciary which is the independent Jurisdiction Court of Law.

It is illegal for any person within the framework of the Constitutional institution to work against the Constitutional Policy for self political gains away from public mandate which one committed oath of office and swears to uphold. It is a known fact that Conflict of Interest contrasts, and constrains Public Mandate service delivery, thereby shortchanging security, reliability and effectiveness of good Governance with just rule of law function-ability to deliver the constitutional mandated public service. This could mean a demand for an automatic disqualification over non-compliance.

As Diaspora Spokesperson, a Change Agent Advocate, a voice of the voiceless and a voice of reason, I am not going to let this glitter of Reform Hope fade away from the faces of the poor, the hungry, the marginalized, the under-privileged and the oppressed or those faced with situation of innocent killings, insecurity, homelessness, draught, joblessness, environmental pollution and politically engineered ethnic conflicts or of drug influences with adolescent prostitution cases in the rise. As we persistently are on the look-out pushing for the Reform Change for the New Kenya, we noticed that the corrupt political class ganged in the coalition government and engaged in sneaking dangerous clauses unfavorable to Public Mandate and interest, (this is political responsibility that must not go unchecked in the Transparency and Accountability for Integrity) We noticed that the New Constitution specifically on Devolution of Counties, the Land and the Finance Bill was hijacked to serve the Politically Correct in the International Corporate Special Interest cartel network against public mandate and interest. This turn of events are against the National Reform Accord Agenda Signed Agreement by the two Principals Kibaki and Raila. PM Raila remained aloof with cases of such "Youth Fund for Job Creation" at Prime Minister's Office going under unreported, and totally irresponsible in his service delivery to public.

The Political game at play are tactics with intent to bring back to public office the Politically correct special business interest, people with Serious Political Responsibilities who time and again have engaged in defrauding and frustrating Reform Agenda. Such extension if proved in the Court of Law through Responsibilities and Accountability, may have consequences relative to failed integrity that do not allow such characters to hold public office. So, without it, there should be no election.

The Constitution also demands that Kenya's elections take place after every five years. Political Parties are also required to be within the Constitutional Policy framework and guidelines. The present scramble for Status Quo leadership engages failed technique of the Old corrupt Rule which failed us 50 years ago down the line. We highly suspect these are the same conspiracies at play meant to evade Reform Accord policy for a New Reform Government we want which is free from the political responsibilities of the past corrupt which has killed and caused pain and sufferings with fall out of meaningful livelihood and survival. Life must be of meaning again and we must fight harder to gain a life of meaning to all if we shall stick with the Legal framework of the Reform Change put in place.

Claims for Appeal from Observation:

1) The Kenya Diaspora have been locked out from election of March 2013 and this is against Rights and equally is against the law

2) There has not been any training to prepare people for electioneering so people would vote on informed choices and likewise, those candidates aspiring for leadership, more specifically the Presidential Candidates have not demonstrated or offered Reform Development packages how they wish to Govern if given another chance. They have not demonstrated passion to accommodate the Reform nor do they have the will to change or Reform to better policies that can bring Reform Development Agenda.

3) Security and political trust in Kenya is still dangerous and worrisome and the test has been proved in the recent Party nominations that just ended where the will of people was not respected or honored and those rejected by the people were rigged back in Party leadership to continue corruption in their unfinished business

4) Land Grabbers, those that have caused the failure and are the reasons for political fall-out are the campaign financiers and sponsors of the top current runners-up of those who are seeking political office. This clearly shows that we are adding fuel on fire for more extra-judicial killings in the political correctness Responsibilities and this is not going to help us in the Reform Change we all want………Please see Attachment of Land Grabbers Commission Report…….

5) Finance Bill was one of the first proposals put on the table, presently, it is incomplete. It seemed like the politicians kept suspending it for special business interest reason, why Oburu Odinga because of special interest with Uhuru in the Finance has been rigged back. This is why we believe the Coalition Government avoided engaging on Finance Bill because of serious controversial scandals surrounding utilization of public funds and expenditure of the same that need to be investigated and be brought to court. Without Finance Bill, there is no way to ascertain allocation of funds to the Counties for Government set-up or management and how will the election help if there is no proper establishment of Governorship structure done. This is why Oburu is rushing for Governorship to continue with corruption they had at Finance Ministry. This would critically fail core value of constitutional legislation for Reform. It is why we want accountability of what they did and where the money is as at now before they can be trusted with another public responsibilities.

6) Since the Reform Change Agreement is being scuttled, (failing Responsibility with Integrity from Transparency and Accountability) it will not be in compliance as per the agreement. There shall be room to corrupt for conflict interest where those with the highest Judicial case to answer and have serious political responsibilities in land clashes, terrorism and killings of 2007/8 are on top of the game trying to manipulate our Reform we struggled so hard and for this reason, we might not achieve the Reform we want if this election must go as planned in March 2013; signs of times are that, they have used big money to rig their own people back in the fray. Land problems have not been resolved and lands in Kenya have been irregularly and stealthily been sold……which is that, Kenya has been sold…………and this must be corrected before election is done. It is because we do not want Land Grabbers as participants controlling electioneering of March 2013

7) Faced with the general falling situation including socio-economic challenges created by the politically correct holding serious questionable political responsibilities requiring threshold for integrity clearance and investigations; matter of present Political situation is not legally safe nor is it conducive for Reform Change we struggle for. Social and economic vulnerability is highly challenging and Kenya livelihood and survival is in serious risk of extinction if Judicial determination of the Reform Accord compliance shall not take precedence to fill the void and conclusively curb the eminent fall-out and collapse by providing way forward through forming an Interim Transitional Committee that will make sure that Training the public before election to vote informed choices is done safely as needed, integrity for responsibility test is performed as required, Governor institutions have been established, Security ensured, Land Grabbing cases formalized and the Will of the People is guaranteed.

8) We need all partners with all good people all over the world on board to join in this struggle (against the corrupt) with us so we can achieve this "Kenya Mpya People's Movement" that has the packages of Reform Change we all want. We must defeat and burry the corrupt who have painfully terrorized and made our lives miserable failing in abject poverty in the past 50 years. It can be done if we follow the Reform Change Law and Order. There is no another time. We can skip March and have our elections in August when everything is done the way it should with those suspects holding highest political responsibilities disqualified.

9) concerns raised

  • They say IEBC has been helping in defilement of the Constitution by failing to stamp their authority and bring sanity in the electoral process
  • Led by lawyer Harun Ndubi (right), they said commisssion has continued to disregard parametres and principles set out in the Constitution
  • They have also ignored several reports regarding the conduct of some political aspirants

We demand that Uhuru, Ruto and Raila must be disqualified from contesting as they all have serious political Responsibilities and economical challenges with social illegitimate issues emanating before and after 2007/8 election gone bad so that ICC Hague should go on smoothly undeterred and Kenyans begin to engage in Development agenda at peace with each other. Let the truth be told and more specifically, if ICC Hague case must produce the Justice we all want, we must give it substances with which to operate and work sufficiently effectively without discrimination or favors. (Hawa watu wamekula pamajoa wanajuana kwa vilemba) These people plan and ate together, they are fooling us and they want us to pay their price for them…….it cannot happen, we must choose righteousness and stick with it…….. Let the law prevail.

Land Grabbing and politically correct killings from organized thugs and terrorism going ons cannot be corrected when Uhuru, Ruto and Raila are shareholders of the same and Kenyans must correct the land problems as Kenyans from Tana River, Lamu, Kwale, Mombasa, Isiolo, Turkana, Marakwet, Garsen, Malindi, Migingo, Yala Swamp, Lake Victoria, Migori, Rongo, Awendo, Ringa, Uriri etc., are still factors of Land the illegal Grabbers.

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

IEBC accused of overlooking misconduct

GLANCE FACTS

concerns raised
  • They say IEBC has been helping in defilement of the Constitution by failing to stamp their authority and bring sanity in the electoral process
  • Led by lawyer Harun Ndubi (right), they said commisssion has continued to disregard parametres and principles set out in the Constitution
  • They have also ignored several reports regarding the conduct of some political aspirants

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Updated Monday, January 28 2013 at 00:00 GMT+3
By Rawlings otieno
KENYA: The Independent Electoral and Boundaries Commission (IEBC) has been advised to bar candidates with questionable integrity and character from contesting in the General Election.
A section of the civil society members under the banner of Kenya for Peace with Truth and Justice said IEBC has been helping in defilement of the Constitution by failing to stamp their authority and bring sanity in the electoral process.
Led by lawyer Harun Ndubi, the group accused the IEBC of condoning electoral malpractices, which they are supposed to enforce.
"The Elections and the Electoral Offences Act clearly states their mandate and how they are supposed to conduct the elections. Extending the deadline for submission of the party list is by itself rigging, which is an offence under the Act," said Ndubi.
The group said IEBC has continued to disregard parametres and principles set out in the Constitution and other relevant legislation through practices such as party hopping and accused them of ignoring several reports, which had been presented to it for review concerning the conduct of some political aspirants.
Speaking during a Press briefing at a Nairobi hotel yesterday, the group lashed out at the electoral body and the Registrar of Political Parties for failing to rein in errant political parties. They took issue with the parties for conducting their nominations using the IEBC voter registrations book instead of the political party's registrar, citing that the move was against the Political Parties Act.
Flawed nominations
Ndubi also said it is the IEBC that should stop candidates with leadership and integrity issues from contesting the various political seats.
He said the Commission of Administrative Justice had given a damning report of some 24 candidates including TNA's Mike Mbuvi vying for senatorial position in Nairobi County and also former Embakasi MP Ferdinand Waititu who got the nod to contest the Nairobi gubernatorial seat, to be stopped from contesting.
The group also wants the parties that conducted flawed nominations to be punished for allowing their supporters to cause violence.
The Political Parties Act states: A political party shall not engage in or encourage violence by its members or supporters.
"The institution charged with the regulation of political affairs has displayed a disturbing reluctance to enforce their respective mandate. IEBC has repeatedly shifted timelines for the submission of nomination lists," said Ndubi.
They threatened to use all the means including filing petitions at the High Court to stop such candidates from contesting.

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