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Friday, July 04, 2008

Let Aggrieved Kenyans Go to Court

It defeats any sane and logical reasoning why Kenyans would want Finance Minister Amos Kimunya to make painful and costly history by resigning due to public pressure. We must learn as a country to RESPECT authority. Only the DULY ELECTED HE President Kibaki has the powers to dismiss Kimunya. Other pretenders to the throne in the shape of committees must be ashamed of abrogating themselves powers they don’t have in the first place. In all honesty why would SHAMELESSLY apportion yourself the power to recommend a minister’s resignation while your opinion was not sought on his appointment?

All political propagandists baying for Kimunya’s blood must be seen for what they truly are. Theirs is all heat and no light clothed in quest for mob justice theatrics. Shame of these cowards who are only cleverly angling to besmirch youthful and COMPETENT accountant Kimunya. For starters Hon Kimunya ate nobody’s goat. And if you ever thought one Bernard Chunga had monopoly for bravado UK has done better in defending Kimunya by SIMPLY asking what has been stolen, by whom, and from where? You can smell seasoned and CALCULATIVE politician miles away. The scion of Jomo knows when to zip his mouth and brains. He can only comment authoritatively and usefully after CONSULTATION - when the coast is clear. And that is measured leadership from the front and by example.

Kenyans have unwittingly fallen for lynch mob mentality. Kimunya made it very clear the Grand Regency sale was an inter Government deal and why would Gaddafi deal with a mere minister and not his peer? Simply put we are collectively having our guns on the WRONG head. Meanwhile Kimunya deserves accolades and promotion to DPM for his unrivalled bravery to STOP the bullet for the boss who is busy offering REAL leadership albeit in silence. Add to that Kimunya's SPECIAL and IRREPLACEABLE role in Kibaki's family and you see why the president as a caring father cannot betray his own blood. No sane person would.

Top legal brains
Kenya is a civilized country rules by an educated economist. We must not allow mob psychology to derail our national efforts to industrialize in 2010. The likes of Orengo must stop splitting hairs and take the long beaten path to civilization. Let aggrieved Kenyans take their case to our internaltionally respected law courts. Kimunya is not a hawker or a fishmonger. All his actions benefited from the services of best legal brains in the name of Gichira Kibara, who was the chair of the Kenya National NGO Council not long ago. Nolw you see why the civic society and their noise is a mile behind this top notch lawyer.

It is time Kenyans consolidated their energies to help HE Kibaki build a prosperous African Tiger. Forget the fight for working institutions, they never bring food on the table. Even citizens of the most developed countries of the West are politically ILLITERATE to an extent of not knowing their leaders. In tandem we must pursue jealously the economic growth of our leaders and ask no questions lest we detract them from their clever schemes at our collective peril. We are a fortunate nation thanks to a farsighted president. We have an army colonel who not only doubles up as our National Security Intelligence Service Director but most important of all an astute businessman that cuts red tape when it matters. It is in the DNA people. Kazi iendelee.

33 comments:

Anonymous said...

There comes a time when new leadership and fresh inspiration are called for. On November 9, 2004, US attorney-general John Ashcroft resigned from the Bush cabinet.

In a letter announcing his departure, he said the objective of securing the safety of Americans from crime and terror had been achieved.

“Yet I believe that the Department of Justice would be well served by new leadership and fresh inspiration,” added Mr Ashcroft. Clearly he had an objective which he achieved and moved on.

After 17 years, Sheria House badly needs new leadership and fresh inspiration and as he makes way, we also await Mr Wako’s results versus objectives.

The point is that we must inculcate a culture that whenever a public servant is caught in real, apparent or probable misconduct, it is necessary for him to step down to avoid damaging the Government’s image and integrity.

In the Bahamas, for instance, the immigration minister was recently forced to resign when a newspaper published photographs of him embracing model Anna Nicole Smith in bed, notwithstanding that they were fully clothed.

Although he strongly denied fast-tracking Ms Smith’s application for permanent residency on the Caribbean island, he expressed his recognition of the statement by Prime Minister Perry Christie, “… that it is the correct course of action for him to take in all of the circumstances.”

Whether stepping down is only temporary or permanent, it reinforces confidence in government through the ensuing satisfactory public explanation.

For “a government that refuses to seriously acknowledge and answer real or potential wrongdoings or conflicts of interest by its members harms more than itself,” he added.

“It damages the very character of the nation, and fosters an understandable ‘What can you do?’ malaise that sucks the energy and ambition from the citizens”.

Most Kenyans are not lost on various utterances by politicians on being challenged with corruption. A former Cabinet minister is on record as having asked “Whose goat have I eaten?”

As Aldous Huxley said, you shall know the truth, and the truth shall make you mad.

The truth is that Kenyans will remember Mr Wako as the AG who clung onto his post, insisting to stay irrelevant, Kimunya as the minister who clung onto power and the Kibaki administration as the government that corruptly tried to ignore damage.

Anonymous said...

Obviuosly there has been a lot of consultation with the 'king of impunity', and the fact that the thieves feel confident enough to crawl out of their holes and issue statements speaks volumes. Personally I do not expect any action from Kibaki. He has weathered many storms; Anglo, Arturs, almost losing the country after the stolen elections etc. without explaining himself. He will continue ignoring the noise and acting a fool/keeping quiet. Oh how I hate the 'Mta-do attitude'. Meanwhile the likes of Livondo are being used to show the rest that it is just not okuyus fighting back. BTW - no offence, why is it always luyhas running the dirty errands-livondo, wetangula, jirongo.

Anonymous said...

Kibaki is too old and senile to understand the mood of kenyan people- on corruption

1.Anglo leasing
2.grand regency
3.transcentury
4.charter houuse
5.nyaga and other kikuyu thieving brokers
6.Safaricom

crime against humanity-

1.shoot to kill orders to the police
2. torture bby the police and army on innocent kenyan in kibera, naivasha, nakuru, and the worst atrocities in Mt. Elgon 9more than 4000 missing presumed dead!!
don't forget the assassination on his watch
3. mungiki youth executions





New York governor

In March, 2008, New York governor Eliot Spitzer quit after being linked to a prostitution ring. He had allegedly been identified arranging to meet a prostitute at a Washington hotel. Ironically, this was a man who had made his name as an investigator of organised crime and prostitution.

Last May, the Canadian foreign minister resigned after it emerged that he had left classified information in the apartment of a former girlfriend linked to a biker gang.

But the best example is Michael Heseltine, probably the only man who can correctly claim that he literally walked out of UK Prime Minister Margaret Thatcher’s government over the Westland affair in 1986.

Just like his political career that embraced theatrics, he simply got up from the Cabinet table during a meeting, gathered up his papers and left the room.

Few people in Kenya have taken that route — they include Jaramogi Oginga Odinga, Maina Wanjigi, Kenneth Matiba and Charles Rubia. Mr Matiba and Mr Rubia served as ministers during the Kanu administration. After the 1988 discredited elections, the two politicians began in earnest a crusade for the re-introduction of multiparty democracy, earning detention without trial for their effort.

The Kibaki Government also had Finance minister David Mwiraria voluntarily stepping aside for investigations, while Mr Kiraitu Murungi and Prof George Saitoti had to be pushed out.

But even with the widest stretch of imagination, no one can use that word to accurately refer to Mr Kimunya and most of the occupants of the House. To be honourable is to be upright, admirable, worthy, respectable and not arrogant.

That Mr Kimunya is a big disappointment is an understatement. Ann Lauterbach, in A History Lesson, says that to suffer a diminished faith in others is an experience of disappointment. That in “the very syllables of the word — on its very surface — the plain register of its meaning appears: dis-appointed, removed from appointment”.

So as he packs up so should the next biggest disappointment — another Amos, the attorney-general, Wako.

This is a man who insists on staying irrelevant for over 17 years. How can the chief government legal adviser keep saying that he was not informed when serious considerations were being made? This is the lamest of excuses and one wonders then who advises the Government in such instances.

How can you comfortably continue living in a house where you don’t play your role because no one tells you anything? And when they ask you, you comfortably raise your hat and proudly proclaim that you were never informed?

There comes a time when new leadership and fresh inspiration are called for. On November 9, 2004, US attorney-general John Ashcroft resigned from the Bush cabinet.

Anonymous said...

Kibaki is too old and senile to understand the mood of kenyan people- on corruption

1.Anglo leasing
2.grand regency
3.transcentury
4.charter houuse
5.nyaga and other kikuyu thieving brokers
6.Safaricom

crime against humanity-

1.shoot to kill orders to the police
2. torture bby the police and army on innocent kenyan in kibera, naivasha, nakuru, and the worst atrocities in Mt. Elgon 9more than 4000 missing presumed dead!!
don't forget the assassination on his watch
3. mungiki youth executions





New York governor

In March, 2008, New York governor Eliot Spitzer quit after being linked to a prostitution ring. He had allegedly been identified arranging to meet a prostitute at a Washington hotel. Ironically, this was a man who had made his name as an investigator of organised crime and prostitution.

Last May, the Canadian foreign minister resigned after it emerged that he had left classified information in the apartment of a former girlfriend linked to a biker gang.

But the best example is Michael Heseltine, probably the only man who can correctly claim that he literally walked out of UK Prime Minister Margaret Thatcher’s government over the Westland affair in 1986.

Just like his political career that embraced theatrics, he simply got up from the Cabinet table during a meeting, gathered up his papers and left the room.

Few people in Kenya have taken that route — they include Jaramogi Oginga Odinga, Maina Wanjigi, Kenneth Matiba and Charles Rubia. Mr Matiba and Mr Rubia served as ministers during the Kanu administration. After the 1988 discredited elections, the two politicians began in earnest a crusade for the re-introduction of multiparty democracy, earning detention without trial for their effort.

The Kibaki Government also had Finance minister David Mwiraria voluntarily stepping aside for investigations, while Mr Kiraitu Murungi and Prof George Saitoti had to be pushed out.

But even with the widest stretch of imagination, no one can use that word to accurately refer to Mr Kimunya and most of the occupants of the House. To be honourable is to be upright, admirable, worthy, respectable and not arrogant.

That Mr Kimunya is a big disappointment is an understatement. Ann Lauterbach, in A History Lesson, says that to suffer a diminished faith in others is an experience of disappointment. That in “the very syllables of the word — on its very surface — the plain register of its meaning appears: dis-appointed, removed from appointment”.

So as he packs up so should the next biggest disappointment — another Amos, the attorney-general, Wako.

This is a man who insists on staying irrelevant for over 17 years. How can the chief government legal adviser keep saying that he was not informed when serious considerations were being made? This is the lamest of excuses and one wonders then who advises the Government in such instances.

How can you comfortably continue living in a house where you don’t play your role because no one tells you anything? And when they ask you, you comfortably raise your hat and proudly proclaim that you were never informed?

There comes a time when new leadership and fresh inspiration are called for. On November 9, 2004, US attorney-general John Ashcroft resigned from the Bush cabinet.

Anonymous said...

KIBAKI MUST MAKE A STAND !! IS HE FOR CORRUPTION OR

AGAINST CORRUPTION !PERIOD!!

Anonymous said...

This whole Kimunya GR saga is like watching a movie. Raila has done all the work and made his recommendations and now the whole country is waiting for Kibaki's move -which may not be coming soon. Reminds me of Lucy storming nation and the drama that followed. I remember sitting and waiting ...for her next silly move, whether she would slap somebody or come back to her senses and go back to state house. Anyway, back to serious talk. I think Kibaki and his kitchen cabinet are drawing unnecessary attention to themselves, while the truth of the matter is that they have been boxed into a corner and they have very few options. Part of the inaction may be due to the perception that Raila made certain decisions and they may not want to be seen to be 'taking orders from him'. What if he choooses to ignore Raila? Going by the display of bravado and continued arrogance from the MKM, it seems likely that this is exactly what they plan to do. I'm waiting to see Raila's reaction to this. With the majority of citizens and legislators on his side on this matter I hope he will not even contemplate 'changing/lowering his stance for the sake of peace'.

Anonymous said...

I find it hard to believe that ours is a country proposing to write a constitution in the next 12-14 months as well as to hold elections again in the next 1-2 years-will we make it really?

Anonymous said...

THE ARROGANCE OF KIMUNYA- WITH THE SUPPORT OF THE KIKUYU MAFIA THE LIKES OF WAKINA UHURU KENYATTA IS DESPICABLE!!


God complex is the self-delusion that one has a special mission to save the world. This delusion is engendered by extreme arrogance and absence of humility. It is a disease that afflicts the rich, the powerful and the privileged.

This complex is manifested in Finance minister Amos Kimunya.

When confronted by Parliament on Wednesday with a list of misdeeds, he responded by saying how he had rid the country of land-grabbers and tax dodgers, and how he had laid the institutional and legal structures to fight corruption. Mr Kimunya missed an opportunity to defend himself.

The minister is young, compared to most Kenyan political leaders, and well read, but completely naive in political leadership. Public service demands that the leaders live by the code they preach. It does not matter how many good laws one passes; it doesn’t matter how many anti-corruption institutions are set up — what matters is whether a leader abides by them.

Mr Kimunya’s public life betrays a man with contempt for systems he has set up. In the sale of Grand Regency Hotel to Libyans, if indeed they are, he broke every law applicable. He treated the hotel as casually as one would a ball-point pen.

But let us first have a look at what happened to world leaders with arrogance milder than Mr Kimunya’s so that we may realise how we have treated him with velvet gloves. David Blunkett was born blind, yet he rose to be a close and powerful confidante of British Prime Minister Tony Blair and held various Cabinet positions, including home affairs.

Socialite mistress

Mr Blunkett had a pretty and socialite mistress called Kimberley Quin, the editor of The Spectator magazine.

Ms Quin imported a Filipino nanny called Leoncia Casalme and, as required by law, she applied for a long-term work permit which takes about a year to complete. Ms Casalme qualified for the permit, but had to wait like everyone else for the process to complete its course.

Ms Quin, being the Home Affairs minister’s mistress, did not have such patience and on April 23, 2003, asked Mr Blunkett to fast-track the process.

Indeed, five days later, the permit was issued. When this fast-tracking was leaked to the media, the United Kingdom Parliamentary Committee on Standards censured him, and he quit.

In the US, Eliot Spitzer, a celebrity attorney-general for the New York state, went about his work with such gusto and chutzpah that he rid the city of economic crimes perpetrated by the large companies.

Wall Street was shaken to the ground and many were fined billions of dollars in plea bargains. In America, the law allows companies to in certain cases pay millions of dollars to avoid criminal investigations and prosecution, but on condition that one fixes up the problem.

New York was grateful and elected Mr Spitzer governor. In the same way he rid the city of economic crimes, he changed course to now deal with crimes personal: rid the city of prostitution.

It later transpired that while fighting the vice, the governor was member No 9 of an elite prostitution group, arrogantly called VIP Emperors Club. In shame, the governor resigned when he was hounded by the media.

Mr Blunkett and Mr Spitzer did not wait to be sacked or impeached respectively; they quit when their private peccadilloes were made public. Both men demanded from the public a high moral rectitude, yet they never lived by it.

They wanted to decouple their private lives from the public perceptions they had created. The false firewall was bound to fall and it did. And both men who had just begun national leadership and on the way to higher callings, have now disappeared into obscurity.

What did, or did not, Mr Kimunya do? At the outset, we must accept the fact that the entire truth and all the details surrounding the Grand Regency sale may never be told to the public.

Build a case

But the information available to all is enough to build a case of impropriety on the part of the minister, Central Bank, National Security Intelligence Service and errant officers at Lands ministry.

The land Grand Regency is built on falls under the Registration of Titles Act, Cap 281, which is the clearest and most elaborate of the land laws. I have argued before in these columns that all land laws should be simplified and brought together within this Act.

This Act sets out the process of registering and deregistering land titles. The registrar of titles is the chief executive for properties falling under this Act and acts without any external interference.

Sections 59 and 60 of the Act allow him to recall and cancel a title deed obtained by deception, fraud, error, misrepresentations or by mistake, as has happened here.

Mr Kimunya says the land was sold for Sh2.9 billion to the Libyan government. We now know that the land was sold for Sh1.8 billion and that the buyer is a Kenyan company with Kenyan directors who have since disowned their signatures. And the minister insists that the sale is a government-to-government deal, yet this is not true.

The minister insists also that the land was sold for Sh2.9 billion even when the evidence is to the contrary. The sale agreement conveniently splits the transaction into two parts — the actual land and the hotel’s “movable assets”.

This dichotomy is false, fraudulent and misleading. Grand Regency was being sold as a going concern, yet the sale is a cannibalised one.

As a going concern, the hotel ought to have been sold at an all-inclusive price for the land, the building, the movable assets, the business goodwill, the reputation and all other intellectual property rights it has acquired.

If Grand Regency was being bought to be used as an office block, the dichotomy may make sense. No prestigious hotel has been sold the way Grand Regency has; the valuations are ridiculous, if not deceptive.

In law, land includes the physical land, the building on it and anything annexed to it. There is a legal doctrine — quicquid plantatur solo, solo cedit — that captures the entire meaning of land law.

This doctrine is that anything attached to land is part of the land. If, therefore, the wall paintings, beds, machines and kitchens at Grand Regency are firmly fixed on the floors and walls, then they are part of the land, and not separate, as the sale agreement implies. In making these false separations, the Government may have lost stamp duty worth more than Sh44 million. Who pocketed this money?

Once Grand Regency was surrendered to Central Bank, it became a public asset and its disposal was subject to the Public Procurement and Disposal Act, 2005, and the Privatisation Act, 2005. Disposal of land is specifically identified as being a transaction that falls under these two Acts.

The law demands that the process of disposal include open tendering — invitation of tenders through advertisements and competitive bidding. Above all, the entire process is subject to the Cabinet’s control and vetting. Again, other than Mr Kimunya himself, every minister who has spoken has denied knowledge of the process.

And what was the National Security Intelligence Service doing at the lands offices overseeing the registration?

Normal land transactions take at times as long as three months, yet NSIS saw to it that the Grand Regency transfer was done in a day. Section 5 of the National Security Intelligence Service Act, 1998, clearly states that the security agency’s core and only duty is to protect Kenya from threats or potential threats.

When did the Grand Regency sale become part of the national security matrix? For the umpteenth time, I wish to say that NSIS is of no value to the country. We pay it Sh8 billion a year for its officers to idle till they misinterpret their mandate to think it includes running errands for politicians or dealing in properties sales. NSIS ought to be disbanded.

Throughout the entire process of the sale, Mr Kimunya was economical with the truth. The Public Officer Ethics Act, 2003, demands of him honesty, integrity, courtesy and respect to the public and the Government. But he violated every provision in the Act.

The sale shows that mandatory provisions of the Registration of Titles Act, Cap 281; the National Security Intelligence Service Act, 1998; the Central Bank of Kenya Act, Cap 491; the Anti-Corruption and Economic Crimes Act, 2003, and the Public Officer Ethics Act, 2003, were broken with impunity by Mr Kimunya, and with the tacit support of CBK governor Njuguna Ndung’u and NSIS director-general Michael Gichangi.

Mr Kimunya, Mr Ndung’u and Maj-Gen Gichangi must be indicted if the rule of law exists in this country.

In its absence, we will know that the law is two-tracked — for the powerful and the weak. We can only respect our systems if its top officers themselves respect them. Impunity that arises from political arrogance must end.

Anonymous said...

ANON4:11 PM

WHAT PEACE?? there is no peace in kenya so to speak-look where the IDP's are- go check mt. Elgon atrocities- where are the more than 4000 missing youths(you dare think that parents have forgotten their missing children?
look what happened when wanaichi tried to demonstrate against the sale of grand regency the riot police were send in by kibaki to lock them up?? what happened to the freedom of expression that kenyans were promised??
we are still us kenyans living in a police state so why lie??

before kenya gets back to it's feet i predict more bloodshed- where people want to dig their heads in the sand and pretend they can't see it coming too bad-

a warning come from Uhuru kenyatta in the news today(red between the lines)
the coalition will fail if things remain the way they are meaning if kenyans demand the sacking of kimunya- and what happens after that?? when and if the coalition fails?? have kenyans thought about that??
my theory is - it is better now than later- let the drawing board be brought forward- let the kenyans speak and choose their own leader- not the thieving thug in statehouse now!!
many kenyans i talk to can't even bring themselves to use the "P" word on that thugs names
the only titles i here for kibaki are

1. thieve
2, thug
3. mungiki financier
4. mt. kenya mafia
5. the former thieving finance minister
6. the senile biatch
and many other good titles
when the mass people do not respect a person in the office - we are just lucky that he does not have e luxury of ultimate power control!!

Anonymous said...

Taabu,
I laughed at how you atarted out your argument!!! That's the funniest thread I've read in a while. I should try that with my boss when he threatens me with pink slips!

Seriously, tax payers should be able to fire and hire at will.

Public service should be approached with great humility and respect for the trust bestowed upon the office and it's holder. If Kimunya is under investigations then he should resign. The powers afforded by the office will only serve to stave off prosecution.

Anonymous said...

yes taabu, indeed we raised these very questions at the formation of the grand coalition, and the totally ambiguous clauses that left a major vacuum at resolution in the event that PM or parliament or PNU or ODM censure a minister what happens if either the PM refuses to respond appropriately or Kibaki refuses. Clearly Kibaki STILL HAS EXECUTIVE AUTHORITY this is no surprise, Deroo sand that here for weeks on end, and many others pointed that out, but ODM did not attempt or try hard enough to push for more clout. So now what happens, is one man (kimunya or kibaki) bigger than parliament (MPs) and since these guys are representative of the people, is this man bigger than the country?

all those damage control shenanigans are impressive but the issue is not about guilty or not, but that the circumstances surrounding it are suspect. I dont even understand why a minister is involved in an auction when there were sufficient bodies and agencies to carry out this process following laid down mechanisms.

bottom line, if this goes thru and kibaki remains status quo, then not just ODM MPs but all MPs must acknowledge that they (parliament) are no way any more useful and are just as powerless as the charcoal dealer or mama mboga down the street. they are all toothless dogs with impressive titles and a salary to die for.

lets see whether the 10th Parliament will make a difference. Am sure right now the time lapse is meant for night visits as PNU diehards consolidate support to rally behind kimunya. lets watch-out for the many "new sagas" pointing fingers in every other direction as we hear astounding revelations. that tired style is what we've come to expect of PNU thugs when cornered. I hope the conscientous MPs in PNU can hold their ground, Kudos so far go to all of them.

Let them first kick Kimunya out, then proceed to have their salaries taxed and we can have something to celebrate about. and if it doesnt happen let them show teeth by vote of no confidence in the government. Only kibaki gets kicked out so they can all win their seats back

UrXlnc

Vikii said...

I think we are patriotic and objective only in our own minds.

Sour grapes, sour grapes and more sourgrapes, sorry, sarcasm. It's time we had a rendezvous with reality.

Anonymous said...

Had been baffled by various personalities and why they are still relevant to the establishment

this article makes it clear, i had forgotten most of the detail. Muthaura is a major pivot point in all these scandals either by being the go between or what?

This is deja vu all over again

Aaarrrghhhhh!

UrXlnc

Anonymous said...

what exactly is it that Kimunya has done that is against the law? What is the beef?

Mwenyeji said...

Once again its Tribalist Kikuyus versus the Rest of Kenyan Tribes. Even the Kambas, merus and enlightened kikuyus have abandoned the elitist kikuyus on this one. Its good they are boxing these elitist kikuyus out. It's about time, we got our country back to its real owners.

Anonymous said...

the day yu odm fools will shed off your kyuk hatred and inferiority complex, and laern to distinguish between the thieving politicians from the masses of poor oppressed kyuks, thats the day you will achieve your goals.

As for now, all the anti kyuk rubbish you spew here that lumps Kimunya together with millions of poor hardworking kenyans who have never even stepped into grand regency only solidifies kibaki etl positions.

Is there not a leader in ODM who can rise over your petty hatred of the kikuyu people and unite this nation aganist these thieves?

Kubaffu tu.

Daniel Waweru said...

Taabu,

Don't you know that Kangura didn't do satire?

Anonymous said...

Charles.Nairobi
Kimunya is a done deal!One falsehood spoils a thousand truths
MUGABE RULES?
If we are basically selling all our land and stuff to foreign investors why did we even fight for independence...we blamed our forefathers for allowing colonialists to take over this country.Now we understand exactly what Mugabe means by Kenya is Kenya, and Zim is Zim....he stated if Kenyans want to sell themselves out let them!
NO TRESPASS SIGNS are coming up on every corner..what is freedom and liberty...we are being recolonized in the name of PRIVATIZATION!
Yesterday the Zambian opposition leader hailed Mugabe as a Hero and called CHINESE INVESTORS to leave Zambia.Mugabe has a valid point....leaning on the West whose only interest is RESOURCES and bleeding a country to death makes no sense.
As usual Africa By the time the fool has learned the game, the players have dispersed.

Knoppix!® said...

Anon 3:24 and i believe you are the same as 4:31, i really admire your way of using comparative advantage for the shenanigans that Kimunya and indeed many other Kenyan politicians are.Yours is a very rare comment from what we read here.

All we can only do about Kimunya is merely speculate about his removal and or resignation.Has anyone noticed something on Mr. Kimunya's face?He normally looks dazed either from lack of adequate sleep or overdrinking.What then could the reason be for that look?My take is,the man is normally busy working by day and cutting deals by night.

So either by design or accident he has drawn us into his rubbish.He has gone on to pull a stone face on us.I wouldn't mind if a classmate of his who reads this blog could shed some light about his mien while at school either at UoN or High school.He has not eaten my Goat according to him and thats if and only if i have one and or any left.

Lets wait and see but for the first time i was amused at how some Mps notably Gitobu and Mungatana among others spoke unequivocally about the issue,if its politics or not they played it out well.I still cant understand why for some reason why being a cabinet minister in Kenya is so sweet that not one wants to leave when indicted.Next door Tanzania they quit at the shortest of notices.

Surely Kenya is a great country with so little Goats for ministers to eat.

Great day.

Knoppix!® said...

12:22 Puhleaeeeeeeeeeese spare us Comrade Mugabe!By throwing ululations at Mugabe you spoiled a rather fine comment!

Anonymous said...

I have been following this GR thing and my take...Kibaki is a real fool.Thing is he is just unfit for anything and he assumes because kenyans are helpless most of the time to push him to implimenting their will they buy his ideas.Thats why he is a fool.Onl a fool thinks that the people around him are stupid enough to see everything he does to be right.He is totally lost,this Kimunya thing Kibaki promised that anyone who is simply mentioned adversely should step aside and get investigated.Now thro' side kicks like Uhuru he is telling kenyans what has Kimunya stolen??For crying out loud,isnt parliament supposed to be listed to???And interesting enuff even his own party and members of the kikuyu community didnt defend him save for kalonzo Musyoka for obvious reasons that i need not to mention.This is way beyond tribal lines and people better get up coz at the rate at which official thuggery is goin on then even defenders of impunity like Taabu (why are u called Taabu by the way...could it be that u were born when ur family was facing real difficulties associated with poor governance?) will one day wake up and be told your wife/girlfriend has been sold to Libyans for a chicken.Am dead serious on this,if ur brother is a thief,the fact that you share blood doesnt cleanse him making him innocent.Remember that when he is done stealing from others then he is gonna steal from you,u can trust that.Kenyans are soon running out of wealth to steal and they will turn to you,believe dat.

Lloyd

Anonymous said...

While we await the "duly elected" to NOT make a decision re: Kimunya kumumunya Grand Regency

Came across this article regarding mothers detained at Pumwani Maternity . Perhaps the good prof. PAO (Health), Mutula Kilonzo (Nairobi) + social services, + I dont know which other ministries are supposed to deal with this kind of thing can assist. Possible these mothers are internally displaced by the government. 22 mothers @ 3500 = 77,000. Could 5 MPs just contribute from their soon to be taxed salaries and clear these mums

this is embarrassing. the cashflow associated with goldenberg fraud from inception to-date has six more zeros appended to that figure and there are people here still asking what kimunya has done wrong.

people lets get our house in order. over to members of parliament.

and please you tribalists keep out of this

Anonymous said...

correction prof PAN

Anonymous said...

Kibaki must step down!

Phil said...

Lloyd I concur with your sentiments.

Its an open secret that this coalition is now living on borrowed time.

Apparently, the athuri advisors have led the president to believe that by sacking kimunya, he will be giving undue political mileage to Raila Odinga.

The interests of Kenyans has been thrown out of the window... yes my country men and women, we do not even deserve to be on the back seat.

A cabal of old retired men are governing this country by remote control and Kibaki is a LAME DUCK president.

What options does ODM have?

The first, like I told you in my previous post, is to seriously consider the possibilities of passing a Kibaki no-confidence vote in parliament. It wont be easy, but with careful planning, it is possible....hoping that our legislators will not be 'seen in camera' and bribed with the Grand Regency billions.

Alternatively, the people of this country must seriously consider demanding for their country back, if only for the sake of future Kenyan generations!

I am so disgusted.

Vikii said...

Hahaha, Phil, ati a motion of no confidence against the President? Why in the world would they even think of doing that? What is it the President has done that is so unpresidential?

Welcome to the real world, brother. First of all a motion guided by narrow partisan considerations like the ones you have in mind would be a disastrous flop.

Two,even if the President was indeed unfit to govern, how many MPs are ready to return to the ballot? A vote of no confidence sends the whole lot back to the voter. Now half of those guys know damn well they don't deserve to be MPS, they understand how lucky they were to win. The last thing they want right now is a date with the ballot. They have loans to retire and mortgages to service.

So , in your estimation of the power and effectiveness of Parliament, go slow, please.

Anonymous said...

Just continue being disgusted mate. You should know that everybody has now realised that the whole thing was engineered by Raila Odinga himself. Dont worry anyway, you have been singing about the president not litsening to the parliament and when countered with facts, no one has the balls to stand up. CBK have stated very clearly what transpired and the reasons for the sale. CBK is a statutory, CATEGORY A parastatal that is autonomous and capable of meeting its ethical obligations.

As for the AUTHOR oof this post, there seems to be lots of MALICE, SARCASM and FALSE PRIDE in you. If you are that clever than amny people you look down upon, why dont you start a blog instead of engaging 'UNLEARNED or ILLITERATE' Kumekucha readership with your ULTRAINTELLIGENCE jibes day-in-day-out.

Anonymous said...

Take Kimunya to court? Come on give me another one. The courts in Kenya are for the poor. The rich will always get what they want. Where is Saitoti? Pattni? Kotut? Kilach? Isaac Njenga Njoroge (1969)? and the list continues. To take Kimunya to court is as good as acquiting him. But if you take Shikholokhole to court for stealing a chicken - my! 14 years hard labour on the spot.
Regean - Butere.

Anonymous said...

The prince of impunity continues to make fools out of kenyans , now he says that raila knew and could not stop it , does this guy expect us to belive that he would brief raila on something before he does kibaki , everybody knows who butters kimunya's bread and it is not Raila, this arrogance must stop!

Mwarang'ethe said...

Vikii said that:

A vote of no confidence sends the whole lot back to the voter. Now half of those guys know damn well they don't deserve to be MPS, they understand how lucky they were to win. The last thing they want right now is a date with the ballot. They have loans to retire and mortgages to service.

So , in your estimation of the power and effectiveness of Parliament, go slow, please.

Our comment:

No doubt, you have a valid point. We therefore see no profit in disputing thy assertions.

However, we seek to ask thee a question. Do you celebrate or mourn this state of affairs (as concerns the impotence of parliament)?

Mwarang'ethe said...

Anonymous @ 4.55 said:

CBK have stated very clearly what transpired and the reasons for the sale. CBK is a statutory, CATEGORY A parastatal that is autonomous and capable of meeting its ethical obligations.

Our comment:

The wise have said that when a man keeps his mouth shut, he may be considered a wise man. Otherwise, by opening his mouth he may expose his foolishness and ignorance.

It seems to us that your reference is the BOOK OF IGNORANCE. We do not reference such a book.

Let the Public Procurement and Disposal Act 3 of 2005 speak for us:

1. s3(1) defines the meaning of "disposal" this way:

"disposal" means the divestiture of public assets, including intellectual and proprietary rights and goodwill and other rights of a procuring entity by any means including sale, rental, lease, franchise, auction or any combination however classified, other than those regulated by any other written law.

2. In s3(1) it also defines the meaning of public entity to which this Act applies.

Specifically, s3(1)(f), mentions the Central Bank of Kenya established under the Central Bank of Kenya Act, as one of the entities, to which the Act 3 applies.

Thus, thy arguments are absurd to say the least. Luckily, absurdity has no validity in law or in fact.

Mwarang'ethe said...

There are those who are seeking to make us believe that since the CBK was a chargee, it is not bound by the relevant Acts.

Nothing can be further from the truth. This is so, for at least three reasons:

(a) One of the principles of interpretation of statutes is that if a statute seeks to exclude a certain act from its ambit, it must do so EXPRESSLY.

The applicable laws do not this. Thus, any interpretation that seeks to exclude some acts, can only accomplished by committing grave violence against the applicable laws.

(b) Acquistion of property can be accomplished by many means(property laws). Thus, to the Disposal Act and other relevant laws, it does not matter the means of acquisition. What matters is that the asset is in the hands of a public entity.

(c) The issue is, does CBK acquire a good title by virtue of being a chargee? No doubt yes. If this is incorrect, then, how does it purport to dispose that which it does not have good title to?

More so, to deny that CBK has a good title, would also deny all banks title to the properties they reposses in case of non -payment of funds advanced. We have never heard something as absurd as this.

Thus, to the extent CBK has a good title, then, being a public entity ito of s3(1)(f) of the Disposal Act, the, the hotel is a public asset. Thus, its disposal, must be in accordance with applicable laws.

Anonymous said...

So what happened to innocent until proven guilty? I think Kimunya has defended himself quite well today; I am waiting to see his accusers' reactions. I am not pro-Kimunya, pro-ODM nor pro-PNU, but I think Kenyans have been influenced negatively by some politicians to a point where they disrespect authority and believe any whine by opposition politicians against the Kibaki administration mainly due to Kibaki's laid back approach to matters of national interest. We all know that the old guy won't do a thing. Besides, I think Kimunya asked a valid question, "How have I benefited from the GR sale?" I also strongly believe that the likes of Orengo are only playing games. How could the land on which the GR sits be sold without the ministry of lands knowing it?
Lastly, the accusing politicians, what is their say about taxing their hefty allowances? If it is negative, then how different are they from Kimunya - if at all he has 'eaten' anyone's goat?
I think *Kimunya should be given a chance to defend himself* or else we might end up again in an unpleasant situation as Kenyans.

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