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Wednesday, July 09, 2008

Minister Number Three Please

Kimunya may have resigned before dieing but Kenya remains at the mercy of a cartel busy plotting on the next scandal. Two Finance ministers and three mega scams in five years. Let minister number three please join the queue for project four and five. We haven’t seen anything yet. The king is annoyed so much so that he has zipped his lips till the deals planned prior to last year’s polls are sealed.

So the flower girls thought that they are part of PNU? Sorry folks your have passed your sell by date after propping up scoundrels when it mattered most. The REAL PNU is busy caucusing on who is the right replacement for Amos. Besides being an MP the non Kimabu/Muranga/Thika/Nyeri members don’t qualify. You cannot be trusted with the keys and necessary shredding. May be an outside chance for a soul from Meru as a late payback to Mzee Mwiraria.

Kenya truly has her owners who are determined to drain her of the last blood. You see even before the King presided over the political funeral of the price, vultures singing in the first language are busy circling prey Kenya. Golfing buddies have a difficult task balancing business and recreational interests.

Lowering the bar
One Daniel Moi must be having the last laugh when the present rate of LOOTING makes his 24 years of ruin look like a preface to an intense national rape as perfected by experienced and schooled HE Kibaki. You see poor old Uncle Dan never benefited from neither Makerere nor London School of Economics. No wonder it had to take him a whole 24 years to bring us down to our knees. In retrospect, Emilio owes Toro immeasurable gratitude for conditioning us so that the national auctioning can continue flawlessly.

The 10th parliament may have made history in having a cabinet minister resign but their heroics amount to nothing if they don’t put the same energy in shepherding a new constitution. Our salvation is singular premised on a new constitution and all else is patch work that will only succeed in sustaining the present unparalleled impunity.

Poor Kenya is presently held hostage by one single office whose occupant is a silent rogue busy mauling and extermination his own subjects by his acts of DECEPTION and FRAUD. The cat remains unchained and the birds live at his mercy. Who will bell the wild cat?


Anonymous said...

There is a time a season for everything. This too shall come to pass. I really feel for the Mt.Kenya folks that are still in camps as their so called "leaders" who planted the seeds of fear in them during the last campaign prior to the PEV could care less about them. As the adage goes, watch your friends (or purported friends), cause you already know your enemies.

"Asifunzwa na mamake hufunzwa na ulimwengu."

These folks, MKM, just never learn. As they scramble to find the next Finance Minister (no need to spell the qualifications), the resentment grows deeper, if they thought Jan-Feb 08 was bad, we better brace ourselves for worse come 2012 or sooner in my projection. God forbid, everything has a breaking point.

Anonymous said...

thats right taabu

say it as it is, pity the errand boys

Abass said...

Kajwang on the spot? Who is next?

5th Estate said...

Duly elected will not dare to leave the country again, he left Kalonzo behind and you saw what happened to him in parliament - he was pecked into his rightful place - he was literary overrun and that’s putting it mildly.

Foreign Affairs Minister should go. When did he learn about this deal - When it was still a Government to Government affair or when it had mutated to CBK to private Arabs affair ? Does he still have any interest - shares, options, deferred payment contracts etc - in the law firm that has his name, when was the last time he attended any meetings regarding any
transactions on behalf or for the firm? There are a thousand and one questions that he needs to be asked to lay to rest the lingering perception of conflicting interests.

The foreign affairs docket is NOT for foreigner’s assistance at our expense, he has got his roll upside down. He has to clear the foul smelling air around him with a full convincing statement

1st What he knew and when.
2nd What did he do about it.

The post cannot be occupied by people who are facilitating foreigners and lining their pockets. A word like HOME GUARD should send shivers down our spin. That would be the biggest irony of this whole saga. The whole world is laughing at us that our Foreign Ministry is actually used to benefit foreigners. How much can you hate yourselves and how low can you go. This is not to say that it has not been done before , this is to say that we cannot see it live live and do nothing about it. We cannot allow foreign actions to dictate who is appointed where. Lets face it - that appointment is suspect and has to COME DOWN.

Image this scenario. You own a shake which you want to market abroad due to its good ecological produce. All of a sudden you realise that your shake has been sold at quarter price and the produce are being hawked through your neighbour’s kiosk which was bankrupt before.

Isitoshe you had actually appointed your neighbour to make contact with foreigners to open markets for your produce. When you confront him, he comes with a yearn that he does not know anything regarding the kiosk. The kiosk still bears his name and the foreigners admit that your shake has been discussed for a long long time with your neighbour at the kiosk and they thought your consent was given.

We must respect ourselves; we cannot be the laughing stock of the rest of the world.
Who is fooling who here? Keep it here

Anonymous said...

excellent article by Paul Mwangi on the GR, certainly food for thought.

Anonymous said...





At the same time, the International Centre for Policy and Conflict has condemned what it terms recent “excessive police brutality” in the country.

The centre’s executive director, Mr Ndung’u Wainaina said in a press statement: “The situation has been deteriorating by the day with the police coming out as a ruthless, mean and brutal institution. We are demanding a substantive statement from the Prime Minister and the minister for Internal Security on this matter.”

Activists file complaint against police

Publication Date: 7/10/2008
A group of civil society members have filed a formal complaint with the police headquarters over alleged assault by senior police officers.

The group engaged deputy police spokesman Charles Wahongo in a heated argument outside Vigilance House on Wednesday demanding to be allowed into the building to meet the Commissioner of Police.

Four activists, who were part of a group arrested on Tuesday as they planned a protest march over the controversial Grand Regency Hotel sale, were allegedly injured by senior officers at a police station.

The activists had assembled at a city restaurant in readiness for the march when police arrived and ordered them to disperse. Seven of them were later charged in a city court with taking part in an unlawful assembly. They were each released on a Sh10,000 cash bail and the case set for August 8, this year.

Due attention

Those said to have been injured were Ms Ann Njogu, Mr Okoiti Omtatah, Mr George Nyongesa and Mr Abel Nyakundi. Lawyer Harun Ndubi, who also belongs to the group, presented their case before the deputy police spokesman.

Mr Wahongo told the activists that the matter would be given due attention.

At the same time, the International Centre for Policy and Conflict has condemned what it terms recent “excessive police brutality” in the country.

The centre’s executive director, Mr Ndung’u Wainaina said in a press statement: “The situation has been deteriorating by the day with the police coming out as a ruthless, mean and brutal institution. We are demanding a substantive statement from the Prime Minister and the minister for Internal Security on this matter.”

He noted that since the run-up to the November 2005 referendum and thereafter, police brutality and violation of civil liberties, constitutional rights and human rights of Kenyans has been on the decline..

Anonymous said...


With Kimunya gone, more officials should follow example

Publication Date: 7/10/2008
Clearly, Finance minister Amos Kimunya is not the only one that should step aside to pave the way for investigations into the controversial sale of the Grand Regency Hotel.

The Grand Regency Hotel which is at the centre of a controversy after it was irregularly sold to a Libyan company. Photo/ FILE
Among the people he said should also step aside are Central Bank of Kenya officers, including governor Njuguna Ndung’u and Attorney–General Amos Wako. I agree with him.

It would appear that the CBK officials and the AG should shoulder greater blame over the sale. This does not mean that Mr Kimunya did not do wrong.

He remains blameworthy for having failed to ensure that the Privatisation Act was followed. It seems, however, that he also acted on bad legal advice from the Public Procurement Oversight Authority, CBK and the AG.

Last week, the Central Bank placed advertisements explaining the legal position on which the bank acted. With respect to the governor who signed it, the legal reasoning is so untrue it verges on the fraudulent.

First, the governor says that Central Bank did not sign the consent and that the consent could not vest any legal right to the bank. But Kamlesh Pattni unconditionally gave the hotel to CBK.

Sign transfer

His action was so unequivocal that he even agreed to sign all necessary transfer documents so that the hotel can vest in CBK.

He went further to agree that if he doesn’t sign the documents, the deputy registrar of the High Court may sign them on his behalf.

So why would CBK want to argue against a consent that grants it the hotel? Why would it not forward the transfer to Pattni to execute, and if he failed, to forward it to the High Court for the deputy registrar? Why would it keep insisting that the hotel does not belong to it?

I believe it is because CBK was aware that the effect of Pattni’s transfer of the hotel to it immediately turned Grand Regency Hotel into public property. Once that happened, the provisions of the Privatisation Act applied to the hotel.

It is for this reason that the Kenya Anti-Corruption Commission wrote to the bank on April 22 informing it that the bank could only sell the hotel in the manner prescribed by the law.

But CBK was determined to sell the hotel by private treaty and therefore continued to insist on the false legal position that it did not own the hotel because the law prohibits it from engaging in commercial activities.

Once it is established that Pattni had divested himself from ownership of the hotel and had transferred it to CBK, then everything else CBK did after that was fraudulent.

For instance, it was fraudulent for the bank to claim that it was exercising its statutory power of sale under the charge.

After the hotel was transferred to CBK, it continued to maintain a charge over its own property and eventually the bank auctioned itself. All this was done as the bank consistently refused to accept the correct legal position taken by KACC.

If the bank could proceed to sell the property by exercising its statutory power of sale, why hadn’t it done so before? This charge had been registered in 1993 and the bank had been unable to act on it.

Clearly then, something changed that enabled the bank to sell the hotel this year. And what changed is that Pattni agreed to withdraw his objections and give the hotel to CBK to do as it wished.

If Pattni was now cooperating, how can the bank pretend that it was taking the hostile action of exercising its statutory power of sale against him?

The bank, in any event, still failed to act diligently in the way it chose to proceed. It sold the land and buildings for Sh1.85 billion and the plant and machinery for Sh1.1 billion.

But how much was the business itself sold for? CBK says that the hotel was sold as “a going concern” to secure the jobs of the 400 workers yet there is no price placed on the value of the hotel as a business.

The Grand Regency is one of the top class hotels in Kenya. Some opinions say it is more than “Five Star” in its grading. It has been operational for close to 20 years.

It has a clientele that pays a premium to use its facilities. That is worth something. CBK did not seek to be paid for the goodwill. Why?

The second set of questions regarding the sale needs to be answered by the Attorney-General. According to the consent signed by KACC, the commission was acting under section 56B of the Anti-Corruption and Economic Crimes Act.

On its website, KACC says that its opportunity came when section 56B was added to the Act by the Statute Law (Miscellaneous Amendment) Act 2007.

This section was to provide KACC power to enter into recovery negotiations with persons suspected of corruption. Under this section, KACC can accept the return of property from a suspect in return for the settlement of civil claims against that person.

The commission can also give a criminal amnesty to a suspect in return for a civil settlement.

But when one goes back to the history of section 56B, it appears that it never became law. First, this section had been proposed by the Statute Law Miscellaneous Amendment Bill that was published by the Attorney-General.

The Hansard shows that the Bill came up for debate on September 13, 2007, under the chairmanship of Mr Kirugi M’Mukindia.

MP Cheboi moved a motion on that day in which he urged the House to delete the proposed section 56B. He argued that there should be no option for commencing civil recovery proceedings without criminal investigations.

Cabinet minister Martha Karua objected and supported the Attorney-General in the proposal that the section be passed. The Hansard says that the matter was put to the House and it reports: “The proposed Section 56B deleted.”

When the Act went to the President for his assent, he rejected to assent to the Act because of among other things the blanket amnesty it was proposing to give.

The President asked the section on amnesty be removed. But he argued for section 56A which had also been rejected by the House and deleted. This section had sought to give KACC power to appoint a receiver over the property of a suspect.

The President however never argued for section 56B and was in agreement with Parliament that it remains deleted.

Hansard shows that the President‘s recommendations went to the House for debate on October 4, 2007. The amnesty clause was removed and section 56A reinstated.

Section 56B remained deleted. But when the AG published the Act and commenced it on October 15, 2007, section 56B was part of our laws. Why?

Corruption cases

How did this happen? When did it happen? Is it possible that we have a section of our laws which Parliament had rejected now being used to settle corruption cases?

How is it that the AG published into law something expressly rejected by Parliament? And how come the Ministry of Justice and Constitutional Affairs has never realised this problem and advised the Cabinet accordingly?

When the Section 56B was rejected by the House on September 13, 2007, Mr Justice Aaron Ringera issued a statement against the action of the House.

He therefore knew on September 13 that this section was not part of our laws. How then could he use the same deleted section to enter into a consent with Pattni?

At what point does Mr Justice Ringera believe section 56B found its was back to our laws?

Mr Kimunya is justified to feel that everyone wants to quickly get rid of him. It is because his continued counter-attack is revealing new and embarrassing mistakes committed by other officials.

Many more people have a case to answer over this saga

Knoppix!® said...

Taabu well put piece.By the way when am starting to work over the appointment you gave me because am humbled to serve this nation in whatever capacity......... heheheheheh and i guess so is Ivy!

Anyway, i will hijack this to react to some seemingly imbecilish Ctrl+C & Ctrl+V from one Derek in the immediate previous post by Chris.Derek who is for unknown reason still mesmerised by ZIM.

I wont dwell so much on the piece but would mention two entities where the first is Kenya Times of the 90's and One Phillip Ochieng aka Philipo formerly of Nation Media Group.Its only recently that Phillip owned up and disabused himself of the editorial excesses he presided over while at Kenya Times.Derek for someone who knowns how to use the internet should know what that article espoused to achieve.Kwendo Opanga also did admit at some point about his mischieve.So when Taabu reacts to such misplaced premises of arguing people turn around and assert that Taabu is opposed to anyone who doesnt share in his school of thought.

I have stated before that i will never want to be subservient to Taabu but methinks he is more misunderstood than otherwise.

Elsewhere yes, we are waiting for minister number three to preside over another two or so rapes as we watch.Trust me you guys might never hear of any scandal again coz the guys have learnt from Minister one and two.We are hoping for better shredding machines.Besides i am not sure why we are sparing a Prof who should know that any piece of work either research or academic paper should be dated and signed let alone citations given.What business is a Prof Ndung'u doing in Central Bank?That position rightfully belongs to one Jacinta Mwatela period and this is not by virtue of Proffesorship or ACADEMIKS but by virtue of experience and Integrity.

As we brace ourselves for the next ministers to replace the rogue and the ones that passed away lets be calling for the exit of the Prof,the Justice and the Sleuth plus the idiots who worked under pressure at Ardhi!

Good day folks!

Knoppix!® said...
This comment has been removed by the author.
Knoppix!® said...
This comment has been removed by the author.
5th estate said...

Let us not allow dogma to pass as ideology , Mr D are you there ?

Kenyan Revelations said...

and minister number three is......
Minister overrules experts’ word on work permits

Updated 0 12 hours, 48 minutes ago

By Andrew Teyie

Immigration minister Otieno Kajwang’ has ignored technical advise and opened the doors to members of a controversial sect, The Standard can reveal.

In decisions that could put another member of the Grand Coalition Cabinet on the spot, the minister’s actions appear to reflect indiscriminate use of discretion.

Against the advise of his Permanent Secretary, Mr Emmanuel Kisombe and the Director of Immigration Services (DIS), Mr Joseph Ndathi, the minister gave passage to eight members of the controversial Church of Jesus Christ of Latter Day Saints.

On the minister’s orders Andrew Barney, Jordan Casey, Canton Hutchison, Basil Khuzwayo, Michael Papworth, Solly Sibiya, Jordan Skidmore and Clayton Whiting — all members of the Latter Day Saints — were eventually allowed entry.

Mr Ndathi, the DIS, remarked exasperatedly after the minister ignored his counsel and directed that the papers be processed: "The minister has ruled despite my technical advise that these permits should not be approved."

"These permits have delayed inordinately even after I directed that they be issued. Can they be released today!" Kajwang’, had earlier ordered the DIS.

Documents in our possession show 17 members of the sect had initially applied to enter the country. The DIS had cleared 10 members of the sect but barred the seven.

His terse comment when reached on the telephone yesterday was: "I am the minister in charge and the buck stops with me. Nobody can purport to teach me what to do."

Foreigners given work permits

The minister has also approved work permits and ordered the issuance of citizenships ignoring the professional opinion of technical staff.

Mr Kajwang’ has also approved 15 work permits and 15 citizenships for foreigners, mostly Asians.

Ordinarily, the minister is expected to rely on the advise and guidance of the PS and DIS in carrying out this important exercise.

In one case of an immigrant seeking a work permit, the minister told off the PS and DIS and ruled: "I have read the advice. I, however, direct that the permit be given for two years."

The professional opinion of both the PS and DIS was that the particular job for, which was being sought by the foreigner, could be done by locals.

"He is a BSc and BCom degree holder. He is employed by a retail store. These are jobs that should be preserved for Kenyans," Ndathi wrote. On his part the PS concurred: "Agreed, this job can be done by Kenyans."

But five days later, the minister shoved aside the recommendations and ordered that the foreigner be issued with a two-year permit.

The Economic Survey puts unemployment rate in the country at 65 per cent, one of the highest in the world. The National Rainbow Coalition’s pledge to create 500,000 jobs between 2003 and 2007 was largely unmet. Thousands of qualified Kenyan youths remain jobless.

Veto powers

Drawing from the veto powers vested on him by the Immigration Act, Mr Kajwang’ as late as last week refused to take the advice of technical staff.

According to the Immigration Act, Chapter 172 Section 10, all Immigration officers draw their power from the minister.

It states, among other things that "there shall be such number of Immigration officers as may be necessary for the purpose of this Act. In the performance of their functions under this Act, Immigration officers shall act in accordance with such instructions as may be given by the minister".

Overlooking the comments of Mr Ndathi, who refused to grant a foreign businessman a Class H work permit, the minister went ahead and sanctioned the application.

In a letter dated June 3, Ndathi states: "The applicant submitted an application for class H entry permit on August 16, 2006. The applicant did not meet the minimum capital requirement provided by the law, consequently the rejection should be upheld."

According to the letter to Kajwang’, the applicant had low capital (Sh1,090,667). The minimum capital for any investor provided by the investment promotion Act, 2004 is US$100,000(approximately Sh6.2 million).

"I have seen your advise, but I have directed that the work permit be granted," the minister lashed back, utterly disregarding the advise set in law under the Investment Promotion Act, 2004.

In another case, involving an Ethiopian woman seeking Kenyan citizenship, the minister directs the DIS to process her papers by merely stating he is satisfied the lady is entitled to a Kenyan citizenship.

"I have read the application of Elizabeth Tadile Abe and the attached documents. I am satisfied that she is entitled to Kenyan citizenship. Urgently process the necessary documentation for my signature," Kajwang’ directed.

Anonymous said...

Kikuyu, Okuyu bla bla bla

usual Kumekucha rubbish. get jobs boys, Kwani your families eats okuyos?

Aii bwana, ama is you are so fixated, si you become kyuks. Assuming that they will accept you.

Msema Kweli said...

This is for the Kyuks who think that we Kumekuchan's are obsessed with them.

We are NOT! It is just that nyinyi MNANYAMBA NYAMBA matope (THEFT, FRAUD, DECEPTION, CRIMINAL ACTIVITIES et al) mingi sana "all over the place". When we turn to the northerly direction, what do we find? YOU HAVE "FARTED," ARE IN THE PROCESS OF "FARTING" OR ARE PLANNING TO "FART BIG TIME."

The situation is no different when we turn to the other directions: UVUNDO, A VERY STRONG STINKING STENCH.

Anonymous said...

Kenya is a kikuyu Kingdom and everyone else must live under Kikuyu rule. Upende ama usipende, they will rule over you forever and they are now. You can burn them and kill them but forever they will remain dominant in Kenyan society.


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