Eh !!! Bensouda ??? ......... Meaning ??? Judy Miriga Diaspora Spokesperson Executive Director Confederation Council Foundation for Africa Inc., USA http://socioeconomicforum50.blogspot.com ICC ready to engage Kenya legally on referral bid ICC prosecutor Fatou Bensouda/FILE NAIROBI, Kenya, May 30 – The International Criminal Court prosecutor Fatou Bensouda says the court is ready to engage in any legal debate with the government of Kenya over referral of the cases facing President Uhuru Kenyatta and his deputy William Ruto. The Office of the Prosecutor in a statement said the Kenyan cases can be referred if Kenya proves that there is a genuine national process handling the same cases, same persons and for the same charges being handled by the ICC. However the office says it is a judicial process that will be determined by the ICC judges. In an apparent reaction to last week's resolution of the African Union that called for referral of the cases back to Kenya, the Office of the Prosecutor said it appreciates the AU's unflinching commitment to combating impunity for serious crimes. "In accordance with the Rome Statute, a State wishing to conduct national proceedings has to satisfy the judges that it is genuinely conducting proceedings against the same person/s for the same crimes," The statement said. "This is a judicial process, the outcome of which is independently decided by judges. The OTP stands ready to engage in any legal debate regarding its on-going cases in Kenya." Kenya which has in the past unsuccessfully challenged admissibility has been asking the ICC to refer back the cases against President Kenyatta, his Deputy William Ruto and former radio journalist Joshua arap Sang. The OTP reiterates its readiness to work with the AU and all States Parties to end the suffering of millions of victims of atrocious crimes around the world. Bensouda said the only way for justice to take its course is through judicial channels, with each step decided by the judges, and not by political bodies or the media. @@@@@@@@@@@@@@ Good People, When your lifeline depends on crucial help from external support, you are indepted to be under obligation to comply by terms of contract engagement agreement undertaken and this is inclusively the same with all other International Treaty Ratified. They remain binding in effect and to turn away and terminate or disqualify such Treaties or Agreement under clouded mysterious conspiracies, cannot hold and there are consequences ........ In a good Rule of Law Governance, all must obey the law and all must play observing tenets complying under in the same set of rules. Maurice Oduor is very right in his argument with Okil and the statement that "Obama's man EMBARRASSED and HUMILIATED at AU Summit in Addis Ababa is false and is totally misplaced". President Obama or his Team have nothing to be ashamed of. If anything, going by facts as displayed here as attachments, in real sense of the matter, who is the one who badly need help here? Get your facts right people........ In any way that you look at the problems in Kenya, it is humongous the two alone cannot sustain it. The person to urgently seek favor from is Obama. The world look up to him......You've got to swallow your pride Mr. Right...!! President Obama is your best bet........take my word........Make Hay while the sun shines......... The environment is polluted with all sorts of criminality and there is no law or order and the situation is already overflowing with pockets of insecurities coupled with instabilities, unfavorable for progressive business undertaking let alone providing for human rights dignified livelihood and survival. Unfortunately, Chinese interests in Kenya is based on high level of corruption involving police to protect their interests. In otherwords, Kenya is already a terrorist and police colony who are engaging in all manner of insecurities.......which is why, people are killed left right and center and the Government is doing nothing. What good shall come out of such leadership? And in any fairness, how can Kimemia pass the test of INTEGRITY under dubious involvement with the Chinese if he has no certificate guaranteed and awarded him to oparate under CONFLICT OF INTERESTS.....How can such a situation fail to spur other forces including the Mungiki and Al-Shabaab looming their heads to frustrate the public....causing more harm than good? Judy Miriga Diaspora Spokesperson Executive Director Confederation Council Foundation for Africa Inc., USA http://socioeconomicforum50.blogspot.com --- On Thu, 5/30/13, Maurice Oduor <mauricejoduor@gmail.com> wrote: From: Maurice Oduor <mauricejoduor@gmail.com> Subject: Re: OBAMA's man EMBARRASSED and HUMILIATED in AU Summit in Addis Ababa, Ethiopia To: "wanakenya@googlegroups.com" <wanakenya@googlegroups.com> Date: Thursday, May 30, 2013, 4:59 AM NONO (Nyamodi Ochieng' Nyamogo Okil), I'm not an economic refugee. I think you're aware of that. Kenya simply can not afford my services. Plus, I don't think I can be comfortable in an atmosphere of extreme tribalism, the type of tribalism that makes it possible for 2 men indicted for crimes against humanity to get elected. Only someone with your twisted way of thinking finds that normal. Courage On Thu, May 30, 2013 at 4:33 AM, Nyamodi Ochieng Nyamogo <okil@nyamogoadvocates.com> wrote: Oduor, You are an economic refugee in Canada, why are you concern about we elect to run our lives in our country! In any event, you are just a sour loser of the recent elections! Nyamodi Ochieng-Nyamogo. any form of refuge has its price Okil, You guys have ego problems left and right. If the West decides to pull out of Kenya, most parastatals such as KEMRI will close down. A lot of NGOs and agencies such as NACA will be in financial trouble. A lot of research at the universities will be discontinued. Worst, the Free Primary Education will be history. Kenya will lose a big market for its Tea and coffee. Not to talk about Tourism. I don't think you guys have any clue what you're talking about. It's false bravado talking. Courage --- On Thu, 5/30/13, Nyamodi Ochieng Nyamogo <okil@nyamogoadvocates.com> wrote: From: Nyamodi Ochieng Nyamogo <okil@nyamogoadvocates.com> Subject: Re: OBAMA's man EMBARRASSED and HUMILIATED in AU Summit in Addis Ababa, Ethiopia To: wanakenya@googlegroups.com Cc: "africa yahoogroups" <africa-oped@yahoogroups.com>, "youngprofessionals_ke@googlegroups.com" <youngprofessionals_ke@googlegroups.com>, "VVM Vuguvugu Mashinani" <vuguvugumashinani@yahoogroups.com>, "the last word to kenya" <thelastwordtokenya@yahoogroups.com> Date: Thursday, May 30, 2013, 3:10 AM Definitely any sane African should love this! The West is on a free fall, with respect to its patronizing stance towards Africa! Nyamodi Ochieng-Nyamogo. On 5/30/13, maina ndiritu <litshooz@gmail.com> wrote: US Secretary of State, John Kerry, was on Sunday embarrassed by African Heads of State in Ethiopia, after they walked out before he could deliver his speech. Kerry who was to convey his message from US President Barrack Obama was forced to cancel his speech after African leaders protested saying he was sent by Western Nations to push for their Neo-Colonisation agendas. Other leaders who were humiliated during the AU meeting in Addis Ababa are French President, Francois Hollande and European Commission President Jose Manuel Barosso who only addressed journalists after African leaders walked out of the venue. The leaders resolved to work with China, India and Russia since they are the only countries who recognise Africa. President Uhuru Kenyatta was among the Heads of State who attended the summit. ICC chief slams critics after African Union attack PHOTO | VINCENT JANNINK | FILE This picture taken on September 5, 2011 shows the International Criminal Court's building (ICC) in The Hague. AFP By AFP Posted Tuesday, May 28 2013 at 23:52 In Summary
UNITED NATIONS The International Criminal Court's chief prosecutor hit back at critics Tuesday, a day after the African Union accused the tribunal of racism. Fatou Bensouda said the critics were defending "perpetrators" of war crimes and crimes against humanity. The prosecutor did not mention any particular group. But her comments came only a day after an African Union summit said the ICC was targeting the continent on the basis of race. "We all know who the voices are," Bensouda told a meeting at United Nations headquarters when asked by an African diplomat about "voices" questioning ICC tactics. "The voices are those who are trying to protect the perpetrators of these crimes. They are not the voices who are supporting the victims of these crimes," said Bensouda, who is from Gambia. The ICC is currently facing mounting diplomatic pressure over charges of crimes against humanity filed against Kenyan President Uhuru Kenyatta and Vice President William Ruto linked to political unrest in 2008 when neither were in office. An African Union summit on Monday called for the ICC charges to be halted. Kenya has asked the UN Security Council to "terminate" the case. "We should not take what ICC is doing to turn it on its head," Bensouda said at the UN meeting on enforced disappearances organized by France and Argentina. "The true victims of the crimes are the victims of war crimes, crimes against humanity and genocide, not those who perpetrate them. And now we see that that those voices, what they are all trying to do is protect those who perpetrate the crimes." "I think this is an insult to the victims," she added. "I think this should not be happening and anybody who is concerned about addressing crimes of this nature -- against the thousands and thousands and thousands of victims, African victims -- should be concerned about what is happening right now," she told the UN meeting. Bensouda vowed that the ICC would "continue to be independent, to continue to be impartial, to apply the law strictly without any political or other considerations." African governments often express bitterness that all ICC investigations target the continent. But nearly all of the eight investigations -- from Uganda to Democratic Republic of Congo and Mali -- were referred by the African countries themselves. Forty-three African countries have signed the ICC's founding Rome Statute and 34 have ratified it. This makes Africa the most heavily represented region in the court membership. Tiina Intelmann, president of the 122-country assembly of ICC member states, acknowledged that the perceived "Africa-only" focus of investigations has created difficulties for the court in dealings with African states. "Let us not forget, however, that the current focus on the African situations also means a focus on African victims," Intelmann said in a commentary. A trust fund set up by the ICC statute has helped about 80,000 victims of "atrocity crimes." "It is fair to say that without the activities of that fund, all those African victims would have received little or no assistance at all," Intelmann added. ICC rubbishes AU resolution on Uhuru, Ruto case Written by KNU Reporter Published inNational News Monday, 27 May 2013 20:43  The International Criminal Court (ICC) has rubbished a ruling made by the African Union over the Kenyan cases before The Hague based court. African presidents on Sunday unanimously supported a petition calling on the International Criminal Court to drop charges against humanity facing President Kenyatta and Deputy President William Ruto. Responding to the declarations by African Heads of States, ICC Outreach Coordinator for Kenya Mabia Mabinty Kamara said the court cannot consider the AU resolution could only decide deferring the cases. Kamara clarified that a prior request by the Kenya government to transfer the cases to Kenya did not convince the judges that Kenya was conducting indisputable investigations and prosecutions. "The ICC will not proceed with a case if the national judicial system proves that it is prosecuting and that it is willing and capable of conducting such genuine prosecution for the same people that have been accused before the ICC," she said. In their resolution passed Monday, the African leaders said that Kenya has a credible Judiciary capable of hearing and determining the cases fairly and expeditiously. The ICC dismissed the resolution by African leaders on the Kenya cases saying the matter should be left to the court to decide. "As an independent and purely judicial institution, the ICC does not react to political statements and resolutions that are not submitted to the ICC by the parties to a case in accordance with the ICC procedural rules." She added Ms Kamara said that ICC Judges cannot be swayed by the African Union saying the court does not take any political issue into concern when deciding on cases related to serious crimes allegedly committed in Kenya or any other situation under investigations by the Court. "The ICC Judges only apply the rules of law and decide on the basis of the evidence presented to them in accordance with the procedural rules of the ICC," she said. African Heads of State objected to International Criminal Court trials facing President Uhuru Kenyatta and his Deputy William Ruto but The Hague-based court responded judges couldn't be swayed by political positions. President Kenyatta and DP Ruto are charged at the ICC in relation to the 2007 post-election violence in which more than 1,000 died and 600,000 others displaced. Uhuru Kenyatta in secret talks with John Kerry as leaders condemn International Criminal Court casesUpdated Monday, May 27th 2013 at 14:31 GMT +3
By Ally Jamah Addis Ababa, Ethiopia: President Uhuru Kenyatta met US Secretary of State John Kerry Sunday against the background of strong sentiment from fellow African leaders against the International Criminal Court (ICC). His meeting with Kerry, whose subject remained private, took place even as it emerged from the closed session Sunday that 53 countries out 54 had all expressed dissatisfaction at alleged humiliation and embarrassment of African leaders by The Hague-based ICC. However, any resolution by the AU is not binding on the ICC in the two Kenyan cases where President Kenyatta, his deputy William Ruto and journalist Joshua Sang are facing charges of crimes against humanity. Kenyatta’s is the second case while Ruto and Sang are together in the first case. However, analysts say any resolution by the AU against the ICC only serves to boost Uhuru’s standing on the continent. The African leaders on Sunday evening unanimously passed a resolution over their future involvement with the ICC where they agreed to push for Kenyan cases to be brought back to the country. Uganda President Yoweri Museveni and his Zambian counterpart Michael Sata lead those pushing for either a termination or referral of the cases to Kenya. A Presidential Press Service dispatch said Kenyatta told African leaders Kenya is ready to handle other post-election violence cases, thanks to what he termed as “far-reaching reforms†in the Judiciary and other key institutions. “We have adopted a new Constitution, undertaken far-reaching reforms in the judiciary, vetting our judges in public under the watch of more than 40 million Kenyans and beyond, expanded the freedoms of all Kenyans, put in place a new electoral machinery, a devolved system of governance that ensures equity for all, a reformed Public Service, security sector, and many othersâ€, said Kenyatta. He added: “Our reformed Judiciary enjoys public confidence and became a beacon for the country when, following an election dispute of a similar nature to that of 2007/2008, it processed the petition expeditiously and delivered a judgment that enabled us to move forward as a nation.†Sources told The Standard that the leaders, who spoke in a closed-door session Sunday evening, roundly criticised the ICC for allegedly targeting African leaders and embarrassing them. They specifically requested that the cases against President Kenyatta and his deputy Ruto be referred to Kenya rather than being handled in “foreign courts and judges†African foreign ministers who met last week in the Ethiopian capital agreed to a request to “terminate†the case at the level of the ICC and to rely on the national judiciary that is being reformed. This agreement was forwarded to the summit for approval. The final text of the decision of the African leaders about the ICC cases facing Kenyatta will be made public today as the African Union summit wraps up its conference. Sources inside the meeting rooms indicated that no substantive changes were made to the draft. Without any reference to the Kenyan cases at The Hague, Kenyatta told African leaders that Kenya has learnt enduring lessons from the post-election violence of 2007/08 by putting in place a new constitution and reforming the Judiciary and other sectors. The President also did not express any desire to have the trials conducted in Kenya. But he reinforced his statement on Kenya’s advancement by noting that competitive electoral politics in African countries often pose a huge security risk to national stability, since disputes tend to degenerate into outright violence, bitter divisions and disorder. Zambia’s President Michael Sata insisted that the ICC should allow Kenya and other African countries handle their own affairs, including delivering justice to alleged perpetrators of political violence and killings “It’s time that Africa should handle its own affairs. We should not allow foreigners to be coming to interfere with us. If you find Kenyan President or Zambian President is at fault with the Kenyan people or Zambian people, let the Kenyan or Zambian people deal with him, not somebody in Hague. Why can’t they (Westerners) try their own relatives?†he asked. Kenyatta is the second sitting President who faces trial at The Hague-based ICC. He and Ruto are separately accused of being behind the violence that followed the disputed 2007 presidential election and which left more than 1,300 people dead and 600,000 displaced. The two men, who came to power following a vote in March, say they will fight for their innocence at the court. Amnesty International had urged African leaders to throw out Kenya’s proposal to the UN to end the ICC cases, saying it was a “worrying attempt by the Kenyan authorities to avoid justiceâ€. The rights group called on the 34 AU members who have signed the ICC’s founding Rome Statute, including Kenya, to protect the international justice mechanism they have committed toâ€. Brian Masya27 May 2013 11:07 AM The AU doesnt seem to know about the PEV violence IDPS in Kenya.Did they even mention the IDPS? Whom does the AU think they can fool around with? Who in Kenyan land can stand to prosecute Kenyan Head of state and his deputy (Keriako Tobiko? I doubt.) Which judge can sit, listen and declare these two members guilty as long as thy are in office,Mutunga? I doubt too. Even the laptop generation knows that no one can take the witness stand against the President and his deputy. All said, Justice for the IDPS shall come from God Almighty and that is when the high and mighty and the low and weak shall know that God is Justice.When that time comes the AU wil watch helplessly.How I hope it comes as soon as yesterday! Sammie Aimba27 May 2013 9:01 AM ICC judges were not in Kenya when the alleged crimes were committed. Their intervention is purely based on suspects' failure to handle the cases locally and consequently the presentation of evidence by the prosecution to the ICC and it is upon this evidence that court will decide the cases before it. You can not ignore the massacre of over 1000 people on grounds that African leaders are being embarassed. In fact it is one of the essence of the ICC. To avoid the embarassment therefore, stop turning the people you lead into animals by hacking them to death. AU is setting a bad precedent. stanley27 May 2013 8:42 AM As much as we dont want westerners interfering in our business, we dont trust that the president and his deputy will not manipulate the cases in their favour, we have learn lessons in the past, top ranking govt officials always get away with justice in kenya, somehow, Furthermore Ruto said "lets not be vague lets go to the Hague". Dont they ever get weighed down by these words?? As much as we have a reformed Judiciary the top two will do us the same number MPs are doing as pertains to their salary, they change the law to conform to their situation. As much as i am a strong believer in Africa and its values and despice westerners, i urge kenyans to reject moving this case to the Kenyan courts, victims of PEV need justice, Kenyans lets not be FOOLED!!! philemonch27 May 2013 8:36 AM No foreigner is interfering. Kenyans (40) did not chose to go to Hague, the inditees were in parliament when going to the Hague was decided on uninamous. Why do accept Mutunga's uninanimous and not this one? AU is made up of 54 countries, foreign to Kenya why are they interfering now? Where was Museveni and Sata when people were being killed? Why were the killings not embarrassing to the African leaders then? Come on people........... george27 May 2013 7:56 AM Why is this too much panic about the hague if these people are sure they are innocent as they always claim!!! I dont know what they mean by saying KENYA wants to withdraw from the hague, Who are these kenyans? or just some individuals! Tirop L27 May 2013 7:47 AM The height of impunity, are you saying nothing happened in 2007/2008?.This is just the un-touchables fighting for themselves.This kind of evasion of justice systems breeds conflicts in societies.They are actually together doing a de-service to the society by building grounds for conflict in future. steve jakomala27 May 2013 7:15 AM The African heads of states must respect kenyans right to justice. Several commissions of post election violences have been set to identify the papetrators of the violence- Waki, Human Rights commissions, TJRC but they all concur on one thing Uhuru and Ruto committed the atrocities. Museveni has no moral authority to tell off ICC because he should have been a candidate there,because of impunity so entrenched in his mind, he touchered Biesegy in broad day light killed the opposition using armed forces, he even sent soldiers to kenya in the post election violence and now inteds to hand over the leadership to his son unlawfully, he gags the press... are these the democrats we want to listen to? Uhuru talks of changes in judiciary, what changes... with the six people at the apex of justice, do they have any integrity left in them, no sensible organization can refer a case back to kenya if they expect justice. Uhuru and Rutos behaviou is so contagious that nothing can remain fress around them. they stop at nothing to achieve their desire.let them go to Hague hashus27 May 2013 6:58 AM AU should condemn atrocities and not ICC. Where were you when people were murdered? One thing is true, All african leaders are just the same. gregory27 May 2013 6:51 AM leaders, who spoke in a closed-door session Sunday evening, roundly criticised the ICC for allegedly targeting African leaders and embarrassing them. dont they know that kenya took itself to ICC? its only in Africa where we have leaders behaving like he-goats moses27 May 2013 6:27 AM African so CALLED LEADERS please keep off kenyan affairs what about justice for the VICTIMS James27 May 2013 6:15 AM Shame on you AU!! You no longer represent Africa. Abdullatif Omar Ahmed27 May 2013 6:07 AMSince the case is already in Hague, I think Mr. Uhuru and his team should prove their inosense instead of crying to bring the case at home. It does not matter if reall they did not do it then let the court ICC decide ROBERT27 May 2013 5:05 AM I totally agree with AU because it is very clear that this case was done by some individuals who used human right bodies with intentions to stop some people who seemed threat. Infact human right organizations and individuals should be investigated over this matter together with moreno's prosecution Mwangi Samuel Mwangi27 May 2013 4:30 AM It's the high time that the Africa states handle expenditiously there own issues, we are fed up with the western influence on all our issues.ICC has been politisized and manipulated by the west in favour of politicians whom the west have interest in. j doe27 May 2013 3:01 AM THERE IS A PENDING MILITARY COUP IN KAMPALA WHILE MUSEVENI IS BUSY SUPPORTING HIS GENOCIDER FRIEND IN ETHIOPIA. MUSEVENI'S INTELLIGENCE CHIEF HAS ESCAPED TO LONDON. UGANDA IS TIRED OF GESTAPO MUSEVENI. lenn27 May 2013 1:11 AM The question is, What do Kenyan people and especially the direct victims want? KG27 May 2013 12:33 AM The "brother, against brother"- evil spirit, has now, graduated to continent level!! - "congratulation's" African states, and leaders, on the on going, AU meeting, which "I hope", will end up into a "favorable resolution, for- Kenyan's,- that favor promoting- anarchy! Uhuru, Kimaiyo,Kimemia, Iringo and Ruto- included". For not only, does it expose, the deeply entrenched rebellion( mutiny, sedition. - insubordination, disobedience.) at "leadership" levels in Kenya, but as well, rates Kenya, where it correctly, sit's, only a hundred plus days, after an extremely flawed election, that "pretended" to have "handed", the reigns of power, to not only a consistent, but, eternal failure- to the detriment of Kenyans. Kenya today stands the 54th nation, in Africa, in all ways and form. Though I work with you. I never work for you. As much as my mission has been 100% - beyond this, it, will be unimaginably straight job. Zambian26 May 2013 10:06 PM African leaders are digging their own graves.The ICC is not for them the ICC was meant for world criminals but it seems they are the most criminals thats why they are guilty.Of all African leaders what can a leader like Museveni tell the continent to follow or the likes like Sata who are these individuals representing in Africa.Museveni is soon to be taken to ICC thats why is not ready to face Hague what these leaders called indipendent what have we achived after 50 years that makes them talk big.Museveni killed Kilembe mines and Sata on his speech said dear Chinese brothers and sisters, Zambia welcomes you," Sata declared at an October 26 luncheon in Lusaka for more than 100 Chinese business leaders. "Because we are all-weather friend.Since when Chise are brothers to Zambians he want to loot Zambia so that no one will follow him this is the reason why they don't want to face western world where there are restrictions of corruptions gudalup26 May 2013 10:04 PM That is your own perception,and I doubt if you number is adding up!myself I'm not part of the 40 million you are purporting to be having confidence in your “Our reformed Judiciary'' try another number! Jeremia Matendechere26 May 2013 9:35 PM Its time that Africa should handle its own affairs. We should not allow foreigners to be coming to interfere with us. If you find Kenyan President or Zambian President is at fault with the Kenyan people or Zambian people, let the Kenyan or Zambian people deal with him, not somebody in Hague. Why can’t they (Westerners) try their own relatives? he asked.You claimed you got independent from the same people? what is Sata problem and who is he telling that not somebody in Hague. Why can’t they (Westerners) try their own relatives.Sata should be told Kenya and Zambia does not share anything in common.Sata and Museveni should be told that they need to build their own countries not to talk about other countries in Africa.Africa is bigger than individual who wants to destroy it the AU should tell Africans why they want to loan money from western and can not be accountaed for.The AU can't solve Somali problem while they talk of Kenya case which is going to be solved byICC.Some African leaders wants Kenya to go down inhistory IN PICTURES: Nato forces in Mombasa  North Atlantic Treaty Organisation (Nato) officers during a military drill in Mombasa on May 6, 2013. They have been keeping vigil at the Coast to keep pirates at bay. Photo/LABAN WALLOGA Written by Oscar Nkala Wednesday, 22 May 2013 10:02  The United States and Japan have agreed to fund Kenya to purchase unmanned aerial vehicles (UAVs) for border patrol duties as the country steps up efforts to crack down on small arms trafficking.Patrick Ochieng, director of the Kenya Focal Point on Small Arms and Light Weapons, said that the two countries would help fund the purchase of UAVs, which would cut down on crime in Kenya. The move followed shortly after the government announced plans to acquire firearms detectors to be deployed at border posts to search for firearms and other ordnance in cars, luggage and bulk haulage vehicles. According to a recent survey conduct by the Kenya Action Network on Small Arms, the country is awash with more than 600 000 illegal firearms while the capital Nairobi is one of the biggest open markets for illegal small arms after Mogadishu. Addressing journalists during a tour of the restive northern town of Garissa late last week, Ochieng said Kenya urgently needed the UAVs to monitor porous borders and track the movement of illegal weapons which are flowing freely from the wars in neighbouring Ethiopia and Somalia into Kenya and Tanzania. "We need a concerted effort internationally, regionally and nationally in order to gain ground in this fight against small arms and that is why our development partners have decided to come in and assist us," Ochieng said. Kenya says the free flow of small arms has contributed to widespread insecurity, especially among pastoralist communities where firearms have replaced traditional weapons in wars over pasture, water and cattle rustling. Due to high demand, illegal arms dealing has become a highly profitable business in Kenya with illegal weapons dealers in Nairobi believed to be selling low-calibre pistols for as much as US$140 while AK-47 and other automatic assault rifles sell for up to $500. Garissa County commissioner Mohamed Maalim said that weapons are being concealed in bags of sugar and imported into the country. As part of the crackdown on small arms, Kenya and Tanzania have also launched the first in a series of planned security operations along their common borders with the aim of seizing all illegally held firearms.  BY HON DAVID ONYANGO OCHOLA To All Kenyans and Africa at Large
Three Kenyans brothers who are waiting for their trial at the ICC should not panic and get worried, because being named by ICC doesn't mean that one is guilty till be proven. Bensouda's claim to have enough evidence against the suspects should not let these brothers panic either. And as good citizens who love democracy, the suspects should all cooperate and face the international crime court. Kenyans need to show the world community that, we're a mature nation by not calling for the pull out from the ICC membership. Instead, our fellow Kenyans should challenge what other world leaders do by not hiding from the international crime court. I congratulate the Immediate Former Eldoret North MP William S. Ruto for his first announcement that is ready to appear and cooperate with the International court, this give moral to other named people to be ready to appear at the Hague court. Those who are calling for the Africa Countries to pull out of the ICC are very wrong and are part of impunity in Africa; our respect cannot be lost just because of few individual who are not willing to take political responsibilities. As a positive leader one has to take responsibility and let the law decide but not hiding on the back of his community and calling for unnecessary actions. As a great nation, Kenya is bigger than an individual. We all have to put our nation first before individual interest, regional or tribal politics us this will further divide this country, we need to focus on unity, love and peace as Retired former president Hon Daniel Arap Moi used to always remind us. The African Union Heads of States who passed the motion on African Nations withdrawal from the ICC should be investigated over their motives because I believe there have not taken there responsibility as wise leaders of this Continent. I hereby call for Kenyan not to accept all the unnecessary reports, meetings and their motives towards calling for Kenya case against Hon Uhuru Kenyatta to be brought back to Kenya. The claim that ICC is another form of colonial and thus exercising imperialism by focusing on African suspects in its investigations only, shouldn't be regarded as an excuse. Its total shame for our leaders to vote for the removal of our country from the ICC membership, Hopeful Mr. President won't write and sign for the withdrawal of Kenya from the international community court. Kenyans will never forgive such leaders and as we have just come out from peaceful election even though with lots of unrealistic verdict by the supreme court of Kenya, we have high hopes of voting out such leaders and coming up with leaders who will respect democracy and international integration, leaders who will be in front to fight for development and peace round the world at whatever cost. But not leaders, who dare hide back their tribe masques whenever there are problem or scandals just to attain there selfish motives. Therefore, let our leaders re-think and revisit the issues of ICC and respect the country international integration, let there be peace and those who have been named by ICC should cooperate and wait to be cleared by the Hague court. For the entire globe is watching our activities concerning the ICC as this should be clear to our leaders, Also they should understand that there not the first and they're not going to be the last leaders of this country. Our former regime, fought hard to be integrated into the ICC that should be in the minds of those who are pulling out our country from the court established under Rome status which Kenya is a signatory. Let all good citizens fight for democracy in our country and even round the world, what we have achieved should not be washed away by such leaders who do not think wisely. I can confidently say that the African Leaders wants to take us back into colonial period but in another angle of "BLACK COLONY". Reasons are of the issue of claims that ICC is embarrassing the Heads of States from Africa by using Kenya and Sudan cases currently at the Court. To the best of our knowledge on the Kenyan case, Uhuru Kenyatta went to the poll knowing very well that he had a case to answer and as to us we don't see ICC embarrassing him. We are of the contrary opinion that we must obey the ICC because it stands as the savior to the poor innocent Africans who are being subjected to the black colony of the current leaders in Africa. Example is of Uganda and Zimbabwe among others. We as Africans we must stand strong to stop our Leaders in taking us back to the second colony. It is very unfortunate that they seat in Addis Ababa Ethiopia to only discuss and pass the motions which are to their own benefit while the continent is being swept away by the Insecurity, Poverty and lack of sustainable economical and political development. With the spirit of Pan-Africanism founding Leaders like Tom Mboya, Martin Luther Jr and others, we must rise up African and shun down this Leaders. NO WITHDRAWAL FROM ICC. Security risk as police bosses fight for power Inspector General of Police David Kimaiyo (left) and National Police Service Commission chairman Johnston Kavuludi (right) at a past news conference. A cold war between Inspector General David Kimaiyo and the chairman of the National Police Service Commission (NPSC), Mr Johnstone Kavuludi, burst to the open Tuesday as the two battled over the recruitment of county commanders. FILE NATION MEDIA GROUP By PETER LEFTIE pmutibo@ke.nationmedia.com Posted Tuesday, May 28 2013 at 20:51 In Summary
Police bosses are embroiled in deepening wrangles and turf wars even as security deteriorates across the country. A cold war between Inspector General David Kimaiyo and the chairman of the National Police Service Commission (NPSC), Mr Johnstone Kavuludi, burst to the open Tuesday as the two battled over the recruitment of county commanders. They are also fighting over proposals to amend the law to give the Inspector General more authority in the appointment, transfer and disciplining of officers. Tuesday, Mr Kavuludi sensationally claimed that there was a plot to derail the recruitment of 47 county police commanders by anti-reformers. "There has been a concerted attempt to derail the vetting and interview of officers for the position of county commanders. However, we are pleased to note that the Commission has received over 300 applications for these 94 advertised positions," he said. He did not directly accuse Mr Kimaiyo of attempting to scuttle the recruitment but he may have been reacting to a memo sent on Monday night by the Inspector General advising senior officers not to apply for the positions. The application deadline was Tuesday. Mr Kimaiyo has previously denounced the recruitment, saying he and his two deputies were not consulted by the commission. Mr Kavuludi and other commissioners were attending a meeting in Naivasha to agree on the criteria for vetting of the county police bosses. Mr Kimaiyo had apparently excused himself from the workshop to deal with the wave of insecurity in the country. His absence at the important process hints at the disastrous alienation of top police officers from essential functions over a force for which they have command responsibility. Police reforms carried out since the election are an interesting experiment. It remains to be seen whether a commander can effectively control a force whose members he has no power to hire, sack, promote, transfer or discipline. The NPSC has nine members. The IG and two other representatives of the force are ordinary members and business can be transacted without them. In contrast, the 11-member Judicial Service Commission chaired by the Chief Justice is predominantly made up of lawyers: Three judges, one magistrate, the Attorney-General and two lawyers nominated by the Law Society of Kenya. The in-fighting in the leadership of the police force is already having an impact on policing. There are signs of worsening discipline in the force as well as disenchantment and apathy, especially from the officer cadre which is facing the sack in the reforms. Tuesday, 10 hardcore criminals escaped from Kamukunji police station and a police officer was arrested allegedly after attempting to hijack a trailer. Crime has reached almost unprecedented levels in addition to the massacres in Busia and Bungoma and terror attacks in Garissa and Wajir. Mr Kimaiyo's position on the recruitment has shifted dramatically over the past month. On April 16, he wrote to NPSC recommending the appointment of county commanders to replace Provincial Police Officers whose positions have been scrapped. The letter was titled: "Proposal for the selection and appointment of police officers to the position of officers commanding police counties and review of appointments at formations and directorates at the headquarters levels." Mr Kimaiyo suggested the hiring of County Kenya Police Service Commanding Officers (CKPSCO), County Administration Police Commanding Officers (CAPSCO) and County Criminal Investigations Officers (CCIO) to head police activities at the counties for the regular, AP and criminal investigation departments. Mr Kimaiyo could not be reached to comment on the apparent change of heart. At issue also are proposed amendments to the National Police Service Act. Yesterday, the NPSC blamed "forces opposed to police reforms" for the amendments which — if passed — will significantly empower the office of the Inspector General while weakening the commission. "It has come as a shock to the National Police Service Commission that some senior officers in the Public Service who are not members of this commission, have proposed amendments to the National Police Service Act, 2011, with the intention of derailing police reforms," Mr Kavuludi said at the workshop at Sopa Lodge in Naivasha. "The proposed amendments, which are being done clandestinely, are intended to severely water down the powers of the Commission. These amendments have neither been done with our knowledge, participation or approval, nor the participation of other stakeholders," he said. He added that the amendments include a "frightening indemnity clause" where police officers who carry out illegal orders from their superiors are protected. He asked MPs to reject the changes. The amendments propose independent powers for the Inspector General to promote, transfer and discipline officers. It also wants the Inspector General to be the one who receives reports recommending disciplinary measures against officers such as interdiction or suspension. Currently, NPSC receives the reports. Mr Kimaiyo was quoted on Sunday confirming that he is aware of the amendments. He, however, said they did not originate from his office. Additional reporting by Macharia Mwangi and Joyce Kimani PEOPLE'S OPINIONS:
When the constitution was being written, it assumed that the only problem with the police was that they were being misused by the executive; so many other problems were ignored. Two folks fighting for fame and material gains while most of Kenyans are left without protection, is a big shame. The powers of the two should be laid down and spelled out loudly to avoid unnecessary competition leading to insecurity due to negligence. Both should be judged in a court for failing to perform their duties. Of course the mess can only be corrected by a reform oriented person, what the kenyan police suffers from is tribalism and unprofesionalism mixed with favouritism. Mr. Kimaiyo can only solve these problems if he chooses to be profesional in his work. meanwhile kenyans will continue being robbed, killed and slaughtered anyhow. The ball lies with the commander in chief who should everything to order, sometimes the situation demands that a radical decision needs to be taken. he should tell the two gentlemen to put their acts together or face the fire simple. what is happening are political moves, one wing wants a profesional and reformed police force while the other prefers a force at the beckon of the politicians.
This totally out of character?! stick to the constitution! Mr Kimaiyo is playing games with national security issues. Kenyans want real reforms.....and they want it now! The honeymoon is over. kusema na kutenda.
Kenya needs to learn from Canada where the cities (counties in Kenya) would have their own police while the central government runs the national police. The national police would be in charge of areas where the counties has no administrative control like the outskirts of the counties and the counties police would be in charge of counties policing and performing other functions like security clearance and the rest. I doubt if they will use this manor because it has been used in the West and our leaders and mentality is against the west even if we are immature in these kind of issues.see more
This thing was poorly crafted. The IG should of course be given more teeth. He should be allowed to nominate his staff where in return they get vetted before occupying positions. There after he can fire transfer or discipline his officers. The commission should only come in to put the IG to task when things don't go right. The commission should also regularly consult and advice the IG but not too to micro manage.Power struggles won't augur well especially when the Country's security status is bleeding.
John Johanan Yohacan•2 days ago Let both of them go home to teach others a lesson
Mean while Bungoma, Garissa ,Mombasa criminals are letting us know who is in charge with loss of lives if I may add
dictatorship thru the bac door.police are the most corrupt in the country,so fo sure they will fight back any reforms!
MPs must be very careful not to hand more powers to an individual office of the Inspector General, as this makes it easier for him/her to abuse power. MPs must always keep it at the back of their minds that these same powers could come back to haunt them long after they are out of parliament.
First of all you cannot call this musical chairs business reforms. They are not reforms, we all know that. It has very little to do with actual service delivery but who gets what. The issue of discipline or reports of abuse by the police cannot be handled by the police. The matter of transfers should not be a preserve of the bosses. In anycase we should have a time limit for when an officer can stay in a particular station. The officer should not be transferred before end of term. Sacking can be recommended by a boss with evidence to the commission . We should not have bosses sacking juniors all they want. One of the reasons the force ( it is not at a level to be called a Service coz they ain't offering services ) is so inept is you find bosses doubling in Adminstration and field duties. It is a recipe for failure.
And the usual holding the country to ransom by the political elite goes on ... and on ... and on
Kimaiyo lives in the Kanu era days, He should wake up to the new dispensation where absolute power is checked and balanced by institutions. If he is not satisfied with his JD he is free to resign   By Eric Wainaina for the Standard Fear as Mungiki resurfaces, threatens to cripple businessResurfacing of illegal gangs in Kiambu is worrying the business community. Members of the outlawed Mungiki sect are alleged to be forcibly demanding money from matatu operators and business people in various shopping centres. The Provincial Administration has confirmed that the members of the illegal sect are plotting to reclaim their previous status of controlling major economic sectors. Affected areas are Kiambu, Gatundu, Lari, Githunguri and Kikuyu where they are also reportedly recruiting new members. A matatu operator plying between Kiambu and Githunguri on condition of anonymity said the operators give Sh200 daily to the illegal gangs. "We give them money though not openly. They resort to violence once we refuse to remit the levies," the operator said. Operators plying between Gatundu, Thika, Kiganjo, Kiambu, Ruiru and Nairobi said the sect members have been demanding a levy of Sh200 from each matatu. Last month, a matatu was set a blaze in Gatundu town after the operators allegedly declined to give the money to the sect. Three matatu sacco officials in Gatundu have been murdered and Mungiki was blamed for it. The gang is also demanding money from business players and developers who are setting up buildings in the county, causing fear among the business fraternity. Arraigned in court "They are collecting money from any income earning activity and given a chance, they will end up sending away investors because they also pose a security threat," Paul Mwangi, a Githunguri resident said. Kiambu County Commissioner Wilson Njega said they had arrested some of group's members demanding cash from a construction site owner and were arraigned in court. "We are alert about this group ( Mungiki) and are not going to give them any chance to regroup," Njega said. Kenya: Uhuru and Ruto Gave Kenyans False Hopes On Termination of ICC CasesBy Koigi Wamwere, 18 May 2013 Whether we like it or not, ICC and the appearance or not of President Uhuru and Deputy President Ruto before it, is the one single issue that will determine the fate and future of the country, failure or success of the government. Kenyans must accept to debate this. When I saw Deputy President William Ruto at the ICC again, rightly promising to co-operate with the court until his name is cleared, I remembered things I heard during campaigns that if people voted for him and Uhuru their cases in The Hague would die. Though this was said as an unchangeable fact, clearly, it was an electoral ruse meant to hoodwink voters. But now that campaigns are over and we are back to reality, the country needs a truthful debate on the ICC trials and how we should together deal with them as a country. Whether we like it or not, ICC and the appearance or not of President Uhuru and Deputy President Ruto before it, is the one single issue that will determine the fate and future of the country, failure or success of Uhuru-Ruto and therefore, all Kenyans must accept to discuss and debate this matter until we reach a national consensus that all of us can freely and fearlessly support. But there are people in this country who are not ready that ICC should be openly and freely debated and will therefore try and use state organs and ethnic dictatorships to impose fear and silence to muzzle the nation. In the meantime, undemocratic forces will mobilise the state into a dictatorship, may resort to assassinations to silence critics and opponents and ultimately the President, his deputy and Jubilee government, while seeming to do something for the country and the people, will spend all their time and national resources fighting off the ICC and their prosecution. Resultant diversion of state resources and time, and non-attention of the state to real problems of development will mean that the next five years will be another opportunity to propel the country forward lost. What frightens me most however, is not that the Jubilee government will be wasteful, but that, as it distracts itself from national issues to attend to ICC and their prosecution or their defiance of ICC and the attendant consequences - if any - people will grow restless, disillusioned, critical or even hostile, and to stem this resistance, Jubilee government will have no choice but to either quit or metamorphose into a dictatorship. But am I predicting a far-fetched doom? Those of us who have seen and suffered dictatorship will know one when they see it. When we saw Kanu government become a one party state, we said it had become dictatorship. To many we sounded like mad doomsayers but today all but historical revisionists will agree we were right. From experience and what I see today, unless people are jostled out of their slumber, another dictatorship is knocking at the door, and people are for all manner of strange reasons opening the door for it. Supporters of Jubilee government will, however, say dictatorship is not possible so soon after the new constitution. But one party dictatorship came hardly one year after independence when Kadu or today's URP dissolved to unite with Kanu or today's TNA. But Jubilee's journey to dictatorship began in New York when Kenya's ambassador to the UN, Mr Macharia Kamau sent a letter to UN Security Council demanding the termination of the ICC trials against three Kenyans. Ominously he said Kenya would burn if the trials are not withdrawn. When a threat like this is issued by a state, it could become a self-fulfilling prophesy of ethnic violence that all right thinking Kenyans should worry much about. To engage in sober debate on ICC and consequences of its prosecution of three Kenyans, we must remember the trial in The Hague is not a case against Kenya, any community, Kenya government, Kenyan people, President or Deputy President of Kenya. It is against Hon Uhuru, Ruto and Sang as individuals. Moreover, the ICC is not a foreign court. As per our constitution, it is part of our judiciary. It is also not right that when a person is elected into any position, they cannot subsequently be sued in a court of law. When people refuse to see the facts above, they could only be saying a big yes to dictatorship, which history has seen many people do in many countries like Germany and Rwanda. Last time we had dictatorship, how was it instituted and perpetrated? It started with instituting a one party state, a one party dictatorship and a police state. The president thereafter became a god, a dictator, above the law, above criticism, un-removable for power and with powers of life and death over every single Kenyan. President and his government totally suppressed rule of law and justice was henceforth for sale or from authorities above only. Government declared democracy, freedom and thinking subversive and opposition was completely silenced through political imprisonment, torture and detentions without charge or trail. Fear and silence were imposed by police and reigned supreme all over the land. Media - Daily Nation, the Standard and KBC all toed the line. Thousands of opponents were jailed, detained and others assassinated. To transform parliament into the voice of the president, it was emasculated by detaining MPs without charge or trail. In our march to dictatorship today, leadership has been bought in elections and will soon become dictatorship. Many people voted for president not to be tried at ICC and to be above the law. Detention is already in the new constitution for use when conditions allow. When Deputy President Ruto opposes ICC and praises courts, dictatorship must be knocking. Rule of law no longer guarantees justice. Parliament has become voice of government not people. Jubilee government's commitment to fight negative ethnicity and corruption is feeble which can only lead to dictatorship. ICC adds gun killings to Uhuru charges Updated Thursday, May 9th 2013 at 09:20 GMT +3 By FELIX OLICK The prosecution at the International Criminal Court ( ICC) has now amended charges against President Uhuru Kenyatta to include killings through gunshots in Naivasha. In a new updated Document Containing Charges (DCC) released by the prosecution to the Trial Chamber V judges, Uhuru’s charges now indicate that gunshots were also used in killings in Naivasha. “The Mungiki and pro-Party of National Unity (PNU) youth were deployed to various parts of Nakuru, including Kaptembwa, Kwa Rhoda, Mwariki, Free Area and Kiti, where they attacked the targeted civilians using various weapons, including guns, broken bottles, machetes, knives and petrol bombs,†the new DCC indicates.  “Some victims were beheaded, and in some instances, the Mungiki and pro-PNU youth shot their victims and then mutilated their bodies to conceal the gunshot wounds,†the Document adds. The updated document also indicates that Uhuru was individually responsible for the crimes committed during the 2008 post-poll violence, following the withdrawal of charges against former Civil Service chief Francis Muthaura. The Pre-Trial Chamber in March allowed the prosecution to amend Kenyatta’s charges to include the gunshot charge, arguing that from some four witness statements, it was clear guns such as G3 rifles and AK-47 were used in the killings in Naivasha.  By: Hon. Koigi Wa Wamwere On 4th March, a majority elected Uhuru Kenyatta as Kenya's 4th president. The joy with which some people received his victory and inauguration made me think the celebrants were thinking of only two things. First God had sent them the savior who would redeem them from all their problems. Second, having been under siege and fear of annihilation if their ethnic enemies won the election, with the victory of Uhuru and Ruto, they were finally out of danger. But since danger and salvation go together and Uhuru supporters now think they are safe, let us ask whether Uhuru and Ruto have the will, the intention and the capacity to take Kenyans to the Promised Land. To know this, we must listen to what Uhuru and Ruto are telling us and also what they are not telling us. To know whether Uhuru and Ruto can take us to the First World, we must, in total disregard to political masks, camouflages, plastic smiles and false religiosity we see on TV every Sunday, know exactly what are their intellectual abilities, political beliefs, ideological convictions and personal characters, that were unconsidered when ethnicity and money reigned supreme. To be safe, Kenyans must know their leaders as they do the palm of their hands. However, to know our leaders, we must also understand the true nature of our society and exactly where they belong in it. Kenya is a jungle society whose majority residents are sheep and other herbivores but is ruled by a minority of lions, hyenas, wolves and other human carnivores. In this jungle, are President Uhuru and his Deputy Ruto lions or sheep? If Uhuru is a lion and the sheep have elected him President to protect them from other lions and carnivores, will he? To know Kenya and her leaders, we must also remember that Kenyatta, Uhuru's father led Kenyans out of the Egypt of colonialism but left them in the desert when he died. Will his son now take people to Canaan or will he also leave them in the desert? When I listened to President Uhuru's inauguration speech, he did not strike me as another Kenyatta, a Joshua at the point of taking his people to Canaan. He did not renounce himself as a lion president and he did not proclaim the emancipation of the poor as Abraham Lincoln proclaimed the emancipation of slaves. At independence in 1963, President Kenyatta even made a greater speech. He announced the birth of a great dream – uhuru – and promised to fight poverty, disease and ignorance, albeit without real commitment. Without an epic dream to announce, President Uhuru's inaugural speech could only announce a fight against unemployment, better use of land, supply of laptops to pupils in class one, removal of maternity and hospital fees and laudable protection of the freedom of expression. But what is President Uhuru's position in regard to the greater national problems that he said nothing about? To better understand his decisions, Uhuru should have told us who else owns his government apart from himself and Ruto. President Uhuru should also have told Kenyans what his vision is – where does he intend to take Kenyans. Without a national vision, his leadership will be self-serving. Though capitalism has made Uhuru and his family rich, as a president, he should tell Kenyans how he will make the system eradicate the very problems it has created for Kenyans like poverty and corruption. He should also explain why he should go to bed with a sterile system when social democracy can bear fruits for Kenya, as it has for Singapore, Indonesia, Malaysia, Brazil and Scandinavia? President Uhuru cannot rightly ignore poverty in his speech when it has beggared millions, disabled millions of minds, inflicted hundreds of thousands with jiggers and denied millions three meals a day and medical treatment. It was amazing that industrialization and vision 2030 did not feature prominently in Uhuru's inaugural speech. Nor did President Uhuru mention corruption at the inauguration though he did so later when opening parliament. But how could he spare capitalist greed that mothers graft and those around him and Ruto whose mantra is, "it is our turn to eat." And negative ethnicity was the king maker that Uhuru and Ruto did not betray or fight at their inauguration. At the inaugural ceremony, the presidential platform was colorful but was marred by flies, hyenas and vultures that hovered around. Though Uhuru invited President Zuma of South Africa, he forgot to declare war against our apartheid in education, health and where we live, some in posh and others in slums. President Uhuru also spared impunity, the great instigator of corruption, drug barons and the criminals he promised to punish. Impunity does not only subvert rule of law, it also breeds and promotes open, camouflaged and ethnic dictators who wear beautiful suits but destroy progressive minds, ruin good people and marginalize the weak. When asked, President Uhuru will say he believes in reform but he did not mention the word in his inaugural speech. He may not have much love for the word. Nor did President Uhuru promise to eradicate the national shame of IDPs, street children, beggars, jiggers and slums. At the inauguration, President Uhuru would only allude to ICC. At the presidential debate he called it a personal challenge. But since he became head of state, ICC is a national problem that all Kenyans must discuss openly, truthfully and publicly without shame or recrimination. How can President Uhuru govern responsibly without debating his most serious handicap? We have eyes but don't see. We have ears but don't hear. MPs recall Kimemia over fresh accusations Committee Chairman Asman Kamama says the main issues raised by EACC include alleged involvement in corruption, political bias, favouritism and nepotism/FILE NAIROBI, Kenya, May 27 – Secretary to the Cabinet nominee Francis Kimemia was on Monday recalled by the Parliamentary Committee on Administration and National Security to respond to integrity issues raised by the Ethics and Anti-Corruption Commission (EACC). Committee Chairman Asman Kamama says the main issues raised by EACC include alleged involvement in corruption, political bias, favouritism and nepotism. The anti corruption commission was represented at the meeting by Commissioner Halakhe Waqo. "This morning we started with Halakhe on the allegations contained in his letter, and I think he gave us a very comprehensive brief and after that we met Kimemia to also respond on the contents of the letter. We have gotten sufficient information that will be put in our report," Kamama told reporters after the five-hour closed-door meeting. The Tiaty MP said all allegations raised will be investigated before the committee prepares its final report for presentation to Parliament. The 29-member Committee is now set to prepare its report on Kimemia's suitability for appointment as the Secretary to the Cabinet. "We need to ventilate, look at every paper whether it's genuine and then we will give you the full report once it is compiled; we don't want to give half baked information," said Kamama. Kimemia first appeared before the Parliamentary committee on Friday, mainly defending his professional track record in the civil service. But by then, the Ethics and Anti Corruption Commission had not forwarded its report to the committee. The committee will table a report in Parliament early next week for the House to determine if Kimemia is suitable to be appointed to the powerful post of Secretary to the Cabinet. Kimemia, an administrator who served in various positions including that of a District Commissioner and the Permanent Secretary in the Ministry of Provincial Administration and Internal Security, was nominated by President Uhuru Kenyatta and his deputy William Ruto early this month for the position. Capital FM (Nairobi)Kenya: Kimemia Faces MPs' Approval Hearing FridayBy Laban Wanambisi, 24 May 2013Kimemia is expected to appear before the Administration and National Security Committee at Continental House from 2.30pm. The approval hearing is in line with the Public Appointments Act which provides 14 days for tabling of a report in the House from the date of notification. The committee will then submit its report to the House for debate on May 28. The committee notified the nominee and general public of the commencement of approval hearings by Tuesday as required. With his vast experience in civil service and with the handling of government matters at a senior level, Kimemia is considered an asset in ensuring proper transition to a new government. Kimemia who currently doubles as the Head of the Public Service was nominated to the post by President Uhuru Kenyatta "to facilitate a smooth transition" since he had been serving under former president Mwai Kibaki. Kimemia had been Permanent Secretary for Internal Security and Provincial Administration before he was elevated in 2011 to succeed Francis Muthaura soon after the International Criminal Court in The Hague indicted him for crimes against humanity. Kimemia was appointed to the security docket in 2008 with an immediate task of coordinating the resettlement of internally displaced persons uprooted from their homes following the disputed presidential election of 2007. He has also spearheaded massive disarmament exercises in pastoral areas in the past, mainly in Samburu, West Pokot among others in a bid to rid communities living there of illegally held firearms. Kimemia led a powerful team comprising senior civil servants mostly permanent secretaries in respective ministries to form the transition committee which ensured a smooth hand-over from Mwai Kibaki to Kenya's fourth president, Uhuru Kenyatta. His team was also at the forefront in briefing President Kenyatta. Up until last week when Cabinet secretaries were sworn in, Kimemia had been overseeing the smooth running of government matters with the assistance of permanent secretaries in all ministries. It's up to the committee vetting him, Members of Parliament and the public to make a decision whether he is suitable for the position. LABAN WANAMBISI Laban Wanambisi is a Parliamentary and Political reporter. He joined the Capital Newsteam in 2005. Since then, he has reported on many of the major news events over the years including his first major assignment covering the 2005 National Referendum on the Draft Constitution, and several other subsequent key national and international events. Kimemia retained, Lenayapa new State House head The president also announced on Thursday that he had appointed former Permanent Secretary in the Ministry of Northern Kenya and Arid Lands, Lawrence Lenayapa, as the new State House Comptroller/FILE NAIROBI, Kenya, Apr 25 – President Uhuru Kenyatta has nominated Civil Service head Francis Kimemia to continue serving as Secretary to the Cabinet to help steer the transition from the previous to the new regime. The president also announced on Thursday that he had appointed former Permanent Secretary in the Ministry of Northern Kenya and Arid Lands, Lawrence Lenayapa, as the new State House Comptroller. "In order to ensure a smooth and orderly transition from one administration to another we will propose Kimemia as the Secretary to Cabinet. I have appointed Lenayapa as Comptroller of State House," he said. Former president Mwai Kibaki's State House was headed by four comptrollers during his 10-year tenure. In 2012, he appointed diplomat Zachary Muburi-Muita after the office stayed vacant for about one year following Nelson Githinji's transfer to Director of Tourism. Githinji had served for two years and was the third comptroller after Hyslop Ipu and Matere Keriri who was appointed in 2003. Kimemia is definitely not a darling of the Coalition for Reform and Democracy supporters as he was criticised and accused of campaigning for Kenyatta's Jubilee alliance in the run up to the March 4 General Election. Before Kimemia the docket was occupied by Ambassador Francis Muthaura who stepped aside when the International Criminal Court confirmed charges against him though his charges were dropped earlier this year. Kimemia faces MPs' approval hearing Friday Kimemia is expected to appear before the Administration and National Security Committee at Continental House from 2.30pm/FILE NAIROBI, Kenya, May 24 – The nominee for Secretary to the Cabinet, Francis Kimemia, faces questioning on his suitability from Members of Parliament on Friday afternoon. Kimemia is expected to appear before the Administration and National Security Committee at Continental House from 2.30pm. The approval hearing is in line with the Public Appointments Act which provides 14 days for tabling of a report in the House from the date of notification. The committee will then submit its report to the House for debate on May 28. The committee notified the nominee and general public of the commencement of approval hearings by Tuesday as required. With his vast experience in civil service and with the handling of government matters at a senior level, Kimemia is considered an asset in ensuring proper transition to a new government. Kimemia who currently doubles as the Head of the Public Service was nominated to the post by President Uhuru Kenyatta "to facilitate a smooth transition" since he had been serving under former president Mwai Kibaki. Kimemia had been Permanent Secretary for Internal Security and Provincial Administration before he was elevated in 2011 to succeed Francis Muthaura soon after the International Criminal Court in The Hague indicted him for crimes against humanity. Kimemia was appointed to the security docket in 2008 with an immediate task of coordinating the resettlement of internally displaced persons uprooted from their homes following the disputed presidential election of 2007. He has also spearheaded massive disarmament exercises in pastoral areas in the past, mainly in Samburu, West Pokot among others in a bid to rid communities living there of illegally held firearms. Kimemia led a powerful team comprising senior civil servants mostly permanent secretaries in respective ministries to form the transition committee which ensured a smooth hand-over from Mwai Kibaki to Kenya's fourth president, Uhuru Kenyatta. His team was also at the forefront in briefing President Kenyatta. Up until last week when Cabinet secretaries were sworn in, Kimemia had been overseeing the smooth running of government matters with the assistance of permanent secretaries in all ministries. It's up to the committee vetting him, Members of Parliament and the public to make a decision whether he is suitable for the position. Kimemia faces contempt charges over tender row Updated Thursday, February 21st 2013 at 20:54 GMT +3 By Lucianne Limo KENYA: A Chinese company that won a multi-billion shilling security tender that was later cancelled by Head of Public Service Francis Kimemia wants to institute contempt of court and defamation charges against him. ZTE Corporation through their lawyer Donald Kipkorir said it is aggrieved by Kimemia's letter asking Ministry of Internal Security to cancel the tender.
"We have firm instructions to demand, which we hereby do, your immediate withdrawal of your said letter and in any event before the end of today, in default, whereof our instructions are to institute criminal and civil contempt proceedings against you," reads part of the letter to Kimemia.
The company wants the Head of Civil Service held in contempt on grounds that he has interfered with the matter yet the court had issued stay orders on the tender pending the hearing and determination of a case filed by a firm that lost the contract.
On Monday, Kimemia cancelled the tender and ordered the contract be re-advertised, saying costs ballooned and serious allegations of irregularity were made with regard to the tender
High Court Judge George Odunga ordered the Minister for Internal Security not to award the contract to any party pending the determination of the case filed by Huawei Technologies Company. The court issued the interim orders after Huawei, which bid for the tender alongside five other companies, challenged a decision by Public Procurement Administrative Review Board dismissing its appeal for review of the tendering process.
Repeat process
The board dismissed Huawei's appeal and directed the Ministry of Internal Security to go ahead and award the contract to the successful bidder, ZTE Corporation.
Huawei filed an appeal before the procurement board complaining that the Ministry of Internal Security had a flawed tender process, but its case to have a repeat of the process was dismissed prompting it to move to the High Court.
ZTE Corporation says Kimemia has defamed them by alleging that they exaggerated the cost of project in excess of Sh1.8 billion up from initial estimated costs of Sh7 billion.
ZTE also says Kimemia's assertion that they influenced the evaluation process and offered kickbacks to some officials to influence preferred outcome amounts to libel.
Kimemia sucked in as Chinese firms fight for tender
Updated Wednesday, February 27 2013 at 00:00 GMT+3 By STANDARD REPORTER A court battle likely to drag in Head of Public Service Francis Kimemia is simmering between two major Chinese companies: ZTE Corporation and Huawei Technologies. Mr Kimemia is yet to recover from allegations of meddling in political affairs and now finds himself in the middle of a multi-billion shilling security contract where his role is being questioned considering he is no longer Permanent Secretary for Internal Security, but yet appears to be pulling strings on security contracts.
Last week, Kimemia wrote a letter to Internal Security PS Mutea Iringo, asking that he re-advertise the security contracting tender although the tendering process had been completed and awarded to ZTE Corporation.
According to the lawyer's letter, Kimemia's intervention appeared to have been prompted by complaints from Huawei Technologies, one of the companies that failed to clinch the tender.
After failing to convince the public tender watchdog, Public Procurement Oversight Authority (PPOA) to rescind the decision of the tender committee, the firm has been trying to have the entire tender cancelled.
The issue revolves around the awarding of a security and surveillance control and command tender under the Ministry of State for Provincial Administration and Internal Security. The project was born out of the need to enhance public safety following grenade attacks in the country at places of worship, shopping centres and market places.
Although the matter came to public attention only last week when Kipkorir, threatened to sue the Head of Public Service for contempt of court and defamation, the battle between the two Chinese firms has been simmering since last year.
But even more intriguing is the dubious history of security contracting that goes back to the days of the Anglo Leasing scandal of 2003.
Incidentally, the surveillance and tracking security project dates back to 2003 when a contract was given to Motorola Corporation under the Anglo Leasing batch of contracts. The contract died as a result of the Angl Lleasing controversy and questions about Motorola's capacity to deliver. Kimemia's timely move will address procurement systems gone haywireBy JAINDI KISERO ( email the author) Posted Tuesday, February 19 2013 at 20:00 In Summary
On the matter of the tender for the multi-billion shilling police communications project, the Head of Public Service, Mr Francis Kimemia, has my full support. If you didn't know, Mr Kimemia has just written a letter directing Internal Security permanent secretary Mutea Iringo not to commit the government to this huge project until after the General Election. He has also ordered that the project be re-advertised competitively and processed in an ethical manner. Mr Kimemia should not just stop at cancelling the tender. He should also order an investigation into the circumstances that necessitated the cancellation. All institutions involved in procuring this controversial tender – from the ministerial tender committee, the evaluation committees, even the public procurement appeals process, must be made to answer hard questions. The taxpayer wants to know how the cost of the project got to be inflated from an estimated level of Sh7-Sh10 billion to a point where the government – were it not for Kimemia's intervention – would have signed a contract with a Chinese vendor at a price of a whopping Sh18 billion. A thorough audit is in order because in directing the cancellation of the tender, the reasons Mr Kimemia has given in themselves point to a possibility of questionable dealings. Here is how the Head of Public Service defended the cancellation. First, that the evaluation process was highly influenced by tenderers. Secondly, some officials had been given kickbacks to influence the preferred outcomes. Third, the cost of the project is highly exaggerated. And finally, the government cannot afford to commit money for this "exaggerated" project in view of other commitments occasioned by devolution, a rising wage bill, and the General Election. Who are the officials who received kickbacks as asserted by Mr Kimemia in his letter? Who influenced the procurement officials? There are broad policy issues to be learnt from the saga. First, there is a very strong case for a thorough review of the legal framework governing public procurement in this country. As a regular observer of changes in public policy for many years, I have seen the public procurement regime evolve from the time when every major procurement was the monopoly of a Treasury committee – what used to be known as the Central Tender Board. We created a directorate of public procurement, an oversight authority and an appeals system where anybody with a complaint can seek redress. Mr Kimemia's cancellation of the multi-billion shilling project begs several questions. Are the systems we have put in place working? Does the appeals board operate above board and is the oversight authority strong enough to insulate itself from influences of politically-connected rent-seekers? How long should individuals sit on the appeals board? Isn't there a case for making the tenures shorter to prevent stagnation of ideas and influence of vested interest? There is this other route known as the "supply branch" process which permanent secretaries prefer, especially when it comes to procuring common-user items. There is a case for reviewing it or getting rid of it altogether. I have heard permanent secretaries complain that the appeals merely serve to delay projects, and that the system has proved to be an impediment to the rolling out of public-private partnership projects. Do they have a genuine case? Whatever modifications we come up with, the law must make it clear that the most important objective of public procurement systems is to promote competitive bidding. Quality of service is crucial. But at the end of the day, we must be able to compare prices. The biggest problem with the police communications project is that we ended up negotiating with one player because the other was knocked out at the technical evaluation stage. With only one financial bid, it was now possible to pad the price way beyond what had been projected. We should change the law to make it clear that where a procurement entity ends up with one vendor after technical evaluation, the procurement must be declared non-responsive. I congratulate Mr Kimemia for sticking his neck out for the taxpayer. Kimemia cancels police tender at centre of Chinese firms' rowHead of Public Service Francis Kimemia: Officials received kickbacks. FILE By George Omondi Posted Tuesday, February 19 2013 at 21:27  In Summary
The State has cancelled a police communications system tender after Head of Civil Service accused Internal Security ministry officials of inflating the bid by at least Sh8 billion. This means the pre-election deal with echoes of the Kanu dying days deal-making will have to await the next government's go-ahead. The project, which was backed by the Chinese government and confined to Beijing firms, was ironically at the centre of the multi-billion-shilling Anglo Leasing scandal, meaning this is the second time it is being cancelled. The allegations of corruption are likely to raise the big question of whether similar kickbacks have attended Chinese projects implemented under the current administration for which Kenyans will pay over several decades. In a letter dated February 11 seen by Business Daily, Public Service boss Francis Kimemia accuses the Internal Security ministry officials of handling the tender unprofessionally and making a killing out of the corruption. "The evaluation was highly influenced by tenderers, some officials have received varying amounts of kickbacks to influence preferred outcomes and the cost of the project is highly exaggerated," Mr Kimemia says in the letter copied to Treasury PS Joseph Kinyua and Internal Security minister Katoo ole Metito. Mr Kimemia said the Sh18 billion quoted as the face value of the project was double the fair cost of the communication and surveillance system which he estimated at between Sh7 billion and Sh10 billion. "The government cannot afford this exaggerated project in view of other commitments occasioned by devolution, the General Election, rising wage bill and other priorities of Government now and after the election," Mr Kimemia said. Suppliers are now set to fight it out again to equip the Kenya Police Service even after the State officials allegedly pocketed their cut. The tender has been at the centre of a legal war between two giant Chinese telecoms firms and is part of the Sh60 billion Anglo-Leasing contracts whose integrity has been questioned. The Head of Public Service directed Internal Security ministry to re-advertise the tender whose initial award to privately-owned ZTE Corporation set off legal battle with State-owned counterpart Huawei Technologies. The winner of the tender is expected to supply the Kenya Police Service with secure command and control systems including telephone facilities, vehicle and video tracking systems, and digital recording equipment. The cancellation of the contract marks yet another setback in the government's effort to supply the police with modern security equipment. The earlier effort at modernising the communications system was handed to a British company Simoco as part of the Sh60 billion Anglo Leasing scam that rocked the early years of President Kibaki's administration. In the sunset years of President Daniel arap Moi's administration, the government unsuccessfully attempted to set up a similar system for Administration Police at a cost Sh5.6 billion. Generally, security contracts barely get subjected to the lengthy and bureaucratic checks and balances that the government introduced in public procurement seven years ago through Public Procurement and Disposal Act, making them a den of corruption. In his letter, however, Mr Kimemia has directed the Internal Security ministry to abandon the project, review the cost of the security system and "have it completely re-advertised and processed in an ethical manner and in accordance with procurement law." The cancellation also comes along as a jolt in the war against criminals who are getting sophisticated by the day. The government floated the tenders a few weeks ago under an aid package from China that barred Western firms from participating. Six companies applied for the contract. However, when the government declared ZTE Corporation as the winner, Huawei quickly obtained court orders, stopping the award. The Court blocked the ministry from signing the deal with ZTE, pending review of complaints raised by Huawei by the Public Procurement Board. The winner of the contract to be implemented under the Ministry of Internal Security would implement the project on a turn-key basis which involves securing the financing. omondi@ke.nationmedia.com Kimemia sucked in as Chinese firms fight for tender
Updated Tuesday, February 26th 2013 a 20:51 GMT +3
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By STANDARD REPORTER
A court battle likely to drag in Head of Public Service Francis Kimemia is simmering between two major Chinese companies: ZTE Corporation and Huawei Technologies.
The case comes up for hearing today at the High Court and may take a sensational dimension if lawyer Donald Kipkorir (acting for ZTE Corporation) makes good his threat to enjoin the Public Service boss.
Mr Kimemia is yet to recover from allegations of meddling in political affairs and now finds himself in the middle of a multi-billion shilling security contract where his role is being questioned considering he is no longer Permanent Secretary for Internal Security, but yet appears to be pulling strings on security contracts.
Last week, Kimemia wrote a letter to Internal Security PS Mutea Iringo, asking that he re-advertise the security contracting tender although the tendering process had been completed and awarded to ZTE Corporation.
According to the lawyer's letter, Kimemia's intervention appeared to have been prompted by complaints from Huawei Technologies, one of the companies that failed to clinch the tender.
After failing to convince the public tender watchdog, Public Procurement Oversight Authority (PPOA) to rescind the decision of the tender committee, the firm has been trying to have the entire tender cancelled.
The issue revolves around the awarding of a security and surveillance control and command tender under the Ministry of State for Provincial Administration and Internal Security. The project was born out of the need to enhance public safety following grenade attacks in the country at places of worship, shopping centres and market places.
Although the matter came to public attention only last week when Kipkorir, threatened to sue the Head of Public Service for contempt of court and defamation, the battle between the two Chinese firms has been simmering since last year.
But even more intriguing is the dubious history of security contracting that goes back to the days of the Anglo Leasing scandal of 2003.
Incidentally, the surveillance and tracking security project dates back to 2003 when a contract was given to Motorola Corporation under the Anglo Leasing batch of contracts. The contract died as a result of the Anglo Leasing controversy and questions about Motorola's capacity to deliver. ZTE may sue Kimemia for contempt Friday, February 22, 2013 - 00:00 -- BY CAROLE MAINA A Chinese company wants to sue the Head of Public Service Francis Kimemia for contempt of court. ZTE accuses Kimemia of interfering with an ongoing civil case between it and its rival Huawei Technologies. Both companies are from China, but Huawei is state owned. The company won a multi-billion shilling tender for the purchase of police communication and surveillance systems, but was later cancelled. ZTE alleges Kimemia has been behind the single sourcing contracts for Huawei since 2011 and the cancellation of their tender was meant to "steal a judicial battle for Huawei". The award of Sh20 billion tender for the communication system has been at the centre of a protracted legal battle between the two Chinese companies. Last week, Kimemia sent a directive to Internal Security PS Mutea Iringo directing him to cancel the entire deal, saying the cost was inflated by some officials for their selfish reasons. Kimemia said the tendering officials inflated the project cost by Sh8 billion, raising the price to Sh18 billion. The case will heard on February 28.  List of the suspects have been investigated by the ICC and who requested for the Prosecutor's Intervention. The hues and cries from African Heads of states that ICC has been unfairly targeting African leaders and humiliating them is totally untrue. The AU heads of state have threatened to withdraw the Rome statute- ICC, on the premise that it is after African leaders, one wonders if Pan-Africanism is synonymous to impunity, corruption and looting of public resources.. President Museveni dismissed an army general for disagreeing with him and already one is in exile. The question begs, are African heads of state capable of administering justice while themselves are suspects. What happens if a head of state who is the AU chairman is supposed to be tried by an African Court of justice? Herebelow is a list of prominent African personalities who have been investigated by the ICC, the list also indicates clearly that it is the situation countries that requested for the ICC intervention, rarely has the prosecutor invoked his proprio motu powers to commence an investigation. Read on good people! 1 Bahr Idriss Abu Garda – Sudan -Prosecutor's application 2 Mohammed Hussein Ali – Somalia -Referred by own country 3 Abdallah Banda Abakeir – Sudan -Prosecutor's application 4 Omar al-Bashir – Sudan -Prosecutor's application 5 Jean-Pierre Bemba – DRC -Referred by own country 6 Muammar Gaddafi – Libya -Referred by own country 7 Saif al-Islam Gaddafi – Libya -Referred by own country 8 Laurent Gbagbo – Ivory Coast -Referred by own country 9 Simone Gbagbo – Ivory Coast -Referred by own country 10 Ahmed Mohammed Haroun – Sudan -Prosecutor's application 11 Abdel Rahim Hussein – Sudan -Prosecutor's application 12 Saleh Jerbo – Sudan -Prosecutor's application 13 Germain Katanga (Simba) – DRC -Referred by own country 14 Uhuru Kenyatta – Kenya -Referred by own country 15 Joseph Kony – Uganda -Referred by own country 16 Henry Kosgey – Kenya -Referred by own country 17 Ali Kushayb – Sudan -Referred by own country 18 Thomas Lubanga Dyilo – DRC -Referred by own country 19 Raska Lukwiya – Uganda -Referred by own country 20 Callixte Mbarushimana – Rwanda -Referred by own country 21 Sylvestre Mudacumura – Rwanda -Referred by own country 22 Francis Muthaura – Kenya -Referred by own country 23 Mathieu Ngudjolo Chui – DRC -Referred by own country 24 Bosco Ntaganda – DRC -Referred by own country 25 Okot Odhiambo – Uganda -Referred by own country 26 Dominic Ongwen – Uganda -Referred by own country 27 Vincent Otti – Uganda -Referred by own country 28 William Ruto – Kenya -Referred by own country 29 Joshua Sang – Kenya -Referred by own country 30 Abdullah Al-Senussi – Libya -Referred by own country One wonders; WHY AU blaming the ICC, Europe and USA. Mungiki returns with death threats to matatu operatorsWednesday, August 8, 2012 - 00:00 -- BY STAR REPORTER  The late Peter Gatura's parents and his two children during the funeral in Gatundu yesterday. His wife was emotional upset and could not pose for a photograph Photo/Ng'ang'a Thairu Matatu operators in Gatundu South are now living in fear after receiving anonymous messages, demanding cash, allegedly from the outlawed Mungiki sect and threatening them with death. Speaking on condition of anonymity, the operators said the sect is asking for Sh200 from each of the 3000 vehicles plying Thika-Gatundu-Nairobi route. Last week, the sect allegedly killed a Sacco manager, Peter Gatura Kangethe, after he declined to pay up. The deceased, a father of two was allegedly shot four times and was buried yesterday. The operators who held a two-day strike last week following the killing, are now calling on the Police Commissioner, Mathew Iteere, local MP Uhuru Kenyatta to come to their rescue. Two years ago, another Sacco manager, John Kihara Kimani was hacked to death allegedly by Mungiki youth in broad daylight, after refusing to depart with extortion money. Investigations have revealed that not only Matatu operators are targeted, but also the business community. Two years ago, Administration Police dispatched its officers to Gatundu for a month, subduing the Mungiki which had become a menace. During the strike, Juja MP William Kabogo who prevailed upon the striking Matatu operators to resume work, called stiffer penalties to deal with outlawed sect. Gatundu South OCPD Peter Katam has asked the operators to report to police, if they are threatened. DC Julius Karuku Ngumo said the government will investigate the allegations."We are aware of the threat and we are working on them. We call on those being threatened to report the matter to the authorities to help us apprehend the culprits," said Ngumo. Central province AP commandant, Joseph Keitany said the AP will send his rapid deployment unit to deal with the menace. "We will not allow illegal groups to disrupt law and order. We shall smoke them out and deal with them ruthlessly according to the law," said Keitany |
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