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Wednesday, January 28, 2009

Will Tribunal Bill Hoodwink Kenyans Once Again?

There is a friend who keeps telling me that the glue keeping the grand coalition government together is called “corruption.”

There have been numerous instances to prove this statement 1000% correct. But there is something else that also makes politicians across the political divide stick together like brothers. It is "fear" and especially fear of a place called the Hague.

In a few hours time a crucial bill, and indeed the reason why parliament was recalled earlier than the traditional March, is set to be tabled in the august house. We all know that the president never leaves the cozy confines of State House unless he has a very good reason to do so. So it is very telling that yesterday he was in a special meeting with MPs to drum up support for the bill that our political class hope will help them avoid the Hague.

Kumekucha titbits: Did you know that corporate team building programmes have been known to turn around previously loss-making companies the world over?

However there is a small problem. Sources assure me that subtle changes have been made and some crucial Waki recommendations set aside in the final bill which was published late last night. One of them is that cabinet ministers who are named as suspects will now NOT need to step aside and will remain in office until proven guilty. For what? Well the answer is simple. So that they can continue fleecing the treasury with their corrupt deals to enable them pay the hefty legal fees and other expenses like “oiling” the right hands so that the charges and Hague goes away. It is that simple.

Kumekucha titbits: This is a new feature offering our readers useful titbits of information on every subject under the sun. Did you know that a whooping 60% of companies that lose their data close down within 6 months of the disaster? And that re-creating data from scratch is estimated to cost between $2,000 and $8,000 per MB? Did you also know that we have pretty competent world class data recovery experts in Kenya?

Interestingly when the president was drumming up support amongst legislators yesterday he pledged that he and Raila would drop cabinet ministers who are named as suspects of the post election violence until they are cleared. This "gentleman’s agreement" reminds me of another gentleman’s agreement which the president ignored in the run up to the last general elections. Despite widespread complaints he went ahead and picked members of the Electoral commission all by himself, including his own family lawyer for many years who ended up as Samuel Kivuitu’s deputy chair.

The president’s actions seem to confirm that indeed the piece of legislation being debated in a few hours time does not contain that important clause making it mandatory for those named to step aside. Which means that this will be left to the discretion of the president, who has promised… blah blah.

Give me a break!!!

How many promises has this president broken? Starting with his cry for zero tolerance to corruption which I personally heard him say live at a small meeting near the University of Nairobi that I attended shortly before the 2002 elections.

To be honest at this rate I don’t see how our fat cats will avoid the Hague.

MPs we are watching you. DO NOT vote for this "doctored" document.

See also:

The heated debate over ministers remaining in office until proven guilty

Attempt to shield security chief fails

How can Nakumatt Downtown burn in broad daylight? Kenyans ask as relatives say loved ones who were around the supermarket are still missing.


Chris said...

Oh sorry folks.

I wanted to remind you guys that a constitutional bill like this one being tabled this afternoon (Kenyan time) cannot be altered. It has to be passed or rejected as it is.


Ken said...

People, who honestly thinks this local tribunal is for the good of Kenyans?

It was established as a cover for those implicated. It is a vehicle by which to avoid the Hague.

The only good thing our good for nothing MP's can do for us now is boycott the passing of the bill so that is misses the 2/3 majority required then culprits are taken to the hague.

But given they are busy killing the case against Triton even before it has began, that will be asking too much from our good for nothing Thieves of Parliament

eddlove said...

we should be used to this by now. But I hope Koffi Annan will send a credible team that is unbendable and also audit the process toe ensure Kenyans get justice

Anonymous said...

Wakenya mmehata kuhata na bado! Ma mp's wamewahi kuwahi! Kazi iendelee sasa! Mta-do?

Anonymous said...

Chris, it is not until proven guilty but until indicted after investigations.

Anonymous said...


how comes your messiah molasses is party to all this?
you always praise not point out that he has become one of the pigs? his son selling maize to sudan? his wife and daughter are in the Triton oil saga?

or is it just your usual oversight as far as molasses is concerned????


M-Pesa said...

There's a quote that Arap Moi made which will forever be remembered by generations to come. The quote was..


Years have come and passed but the quote still rings true! The scumbag politicians will do anything, literally anything for their own self preservation even if it's setting this country ablaze.

You know the script, the tribunal will be manipulated to the core and only a shoody job will come out of it. Only the Hague will do! Nothing good ever comes out of any situation where scumbags are involved.

That's why it takes an ordinary decent and hard working teacher 15 whole years of toiling to earn what a greedy MP earns in just 1 month!


kenyaone said...

Lets concentrate on one thing.

The way the tribunal is set up there will be a 'pre trial' to adduce the available evidence against each suspect. At this stage most of those we expect to be key suspects will be cleared for lack of sufficent evidence. Then if some fail to clear themselves at this point stage two will be, (and this may be debated and passed today)that the suspects may appear through a proxy (lawyer) unlike any other tribunal anywhere else on earth. And a dilution of the seriousness of which a tribunal is set up for.

watch this space.

Anonymous said...

Kenya belongs to animals i.e lions, Zebras, elephants, giraffes, birds, amphibians etc etc.

Before you came from S. Sudan and W. Africa those animals were already there. They have been there since the begining of the time.
You pushed animals away you greedy humans, you will never have peace.

Kenya belongs to animals!!

Animal lover.

Anonymous said...

Have you ever heard of a rich person in Kenya receiving a long prison sentence?

Concept said...

I don't see the tribunal getting anywhere.Me thinks its a ploy to meet Waki's conditions for not taking the guilty politicians to Hague.
For the rest of Kenyans lets forget this bad episode in our lives. Relying on politicians to heal us is a waste of time and money.

What if? said...

Anon. 2:33 a.m.
"Have you ever heard of a rich person in Kenya receiving a long prison sentence?

1/29/09 2:33 AM"

What a brilliant observation. Have never seen a rich Kenyan rot in Jail, of course with the exception of one Tom Chomdley. Seems though the Kenyan law is blind, Kenyan justice, and the judiciary, is not.

As for the Waki list and all that, there are some minimum standards established by the Rome Statute establishing the ICC, so if the tribunal established by our greedy MPs fails to establish the same, lets see what the ICC Prosecutor or the International Community does.

But remember given Kenyan relative peace, the international community may be disinterested in any interference, saving the energy for more serious anarchy elsewhere, and argue we are neither Somalia nor Darfur.

Also remember the world hegemon, the US of A, is not an ICC signatory. And with the moralist Barack Obama at the helm, they will definetly not preach water and drink wine. That way, so many politicians, inciters and perpetrators may escape the Hague, and go through a linient tribunal. However, in the larger sense, it is not our politicians who will have let us down, but the ICC itself, and more so the Prosecutor and international community, for the ICC was set up specifically to cure and to remedy the manipulation of local tribunals. The ICC anticipates such action, and if there shall be, will the ICC act?

Dr Murinho said...

Jealousy is the biggest problem with many Kenyans; we have seen it played here over and again by some insecure personalities. Do you wonder why witchcraft is still rife in 21th century Kenya? Jealousy/Envy!

Very recently I met a gentleman here in Nairobi and during our conversation this man asked me if I have ever travelled by Emirate from Dubai to Nairobi? I said no, he then lamented very bitterly and told me, " next time you board Emirate from Dubai to Nairobi, just count how many Kikuyus are there in the plane, I tell you my friend 99% of passengers are Kikuyus" I turned to him and asked him "what wrong with that and who stops you going to Dubai?" He then went into one of those long lectures of how if you are a Kikuyu you can get a loan at the click of your finger blah blah..... which only exposed a very disturbing part of emotion, envy.

Envy is an emotion that occurs when a person lacks another's superior quality, achievement, or possession and either desires it or wishes that the other lacked it.


Why do people Envy others? Why would someone hate to see someone in a better position or feel bad whenever he sees him doing well?
Do those who envy others do it because they are bad people?? Or is there some other reason underlying these feelings of envy?
Feelings of envy doesn't stem from hating other people or from being an evil person but they usually stem from the inferiority feelings you experience when you see someone else doing better than you.


Our thoughts come to our minds from two different sources. From within, where we suddenly remember something that is of importance to us or from the external environment where we see something that reminds us of something else.
You might not remember your obesity problem until you see someone with a perfect body or an advertisement for swimsuits. People who have emotional wounds don’t feel bad all of the time but they just remember the wounds whenever they encounter something that reminds them of their wounds.
Envy doesn't result from seeing someone doing better than us but it results from remembering that we are no good or that we can't do like what he did.


When you have an inferiority wound you will tend to remember it whenever you see someone doing things that you think you can't do. Your wound could be a generalized one like thinking that you are no good in doing anything or specific like thinking that you can't achieve financial success. The more generalized your wound is there more will be the feelings of envy in your life.

Dr Murinho
Consultant Psychologist

Joe said...

Jealousy is the biggest problem with many Kenyans; we have seen it played here over and again by some insecure personalities. Do you wonder why witchcraft is still rife in 21th century Kenya? Jealousy/Envy!

With all due respect, if you are incapable of contributing towards the betterment of this country, eff off.

joe the choma man said...

These spirited efforts made to avoid an overseas trip to the Netherlands are nothing but last ditch attempts of the guilty ODM/PNU axis to clutch at straw in an attempt to miss out on their scheduled rendevouz with the ICC Europe

they may not know it but the recommendation to allow cabinet suspects to continue in office while investigation is undergoing is simply tightening the already comfortable hague noose fitting snugly round their necks

in allowing this exemption to the waki recommendations i presume the president is thinking in line of his vision of a working nation? he wants everything to continue as normal despite this unnecessary, inconvenient and irritating detour that he is so willing to forget as nothing more than an unfortunate sideshow detour in our country's grand march towards industrialisation by 2030-did he not once call for "justice tempered with forgiveness"? and i bet forgetfulness as well was implied?

well, it won't work this time-if its a "fresh start" he wants the foundations of that must be based upon painful truth i.e. somewhere down the road the price must be paid and the bullet must be bit-this is an individual responsibility regardless of leaving one toothless or not

you will be surprised Dr.Kibaki how willing kenyans are to forgive one another once the truth is out there in the open and known to all-trying to hoodwink us with this bill is in bad taste and leaves your already untrustworthy presidency even more fragile as you prepare to leave a legacy that cannot be shoe-dodged

Anonymous said...

For many years we have congratulted ourselves for overcoming the beasts that have trodden on this country and pillaged it but alas the truth is now was a lie, we are in deep shit.....last elections was not so much about stating anew but getting together the guys and the chicks with the balls to fight....thats how come we fielded too many idiots like livondo.....thats the definition right there of what ails kenya.....we left this great nation to be run by clowns for so long.. now overnight we expect miracles to happen. It was a war of the able and willing on both sides and not about the best we have, even RAO had to recruit the likes of Ruto, and other guys with questionable pasts.....
It is expected that this government was never going to be the one to turn things around it was hopefully going to be less corrupt but corrupt none the less kenyans are slowly waking up to the reality that ours is a sinking ship and unless we crazy stuff which I will be the first to admit is an uphill task we are going nowhere very fast......a TRC was a good option if we had a credible leader...but some clowns yelling 'Justice' blew it away now we are stuck in the mad...Ole wetu.
As good people continue to do nothing we continue to sink.....soon the evil will be so entrenched and empowered that we will never be able to dislodge them without an ugly war....which we can ill afford but may have to fight.

Sir Alex

Vikii said...

I do not understand why people implicated in the slaughter of fellow Kenyans should continue holding their ministerial dockets while investigations and prosecution go on. This is plainly unacceptable.

You see, Mr. Waki's rumoured list does not include all those we know organized, encouraged and actually funded the post election chaos. That is why I have always believed the ICC, relying purely on secondary and dangerously doctored information, cannot be trusted to get to the bottom of the political oppportunism that this saga has evolved into. My support for a local tribunal has always been pegged on the hope that since we know the truth, the Waki suspects will demand the prosecution of their comrades in crime left out by Mr. Waki. I was hoping that the Rutos of this world, instead of lobbying tooth and nail for a merely procedural prosecution that will accord them a safe escape, they would instead demand we boaden the scope of investigation. That the 'holier than thou' characters be subpoenaed as well and tried on the exact same level as the Waki ten. That way now, there would have been real justice, not the kind tempered with forgiveness/forgetfulness or even political opportunism and deceit.

It is now clear that nobody is interested in that path. If this is what a local tribunal is about, then let's send them to the ICC. Due to Ruto's, Uhuru's and whomever elese's myopia and a stupid belief that you can wriggle yourself out of such situations so easily, they will pay the higher price. They will forever live as jailbirds. Additionally, the masters who sacrificed them for political gain will also suffer from the ripple, you know, that political backlash such an eventuality will be sure to trigger. I think it cuts both ways, doesn't it.

The MPs therefore need to refuse to be rubber-stamps of an immoral executive. They should do the needful and throw this bill to the waste paper basket. That would go some way in redeeming themselves.

Ken, here we go again. You are suggesting MP's boycott Parliament? Come on, that's what we elected them to do--attend Parliament, debate, pass good laws and reject those unhealthy for the country. If they boycot Parliament, the bill will pass so comfortably. A constitutional bill needs to be passed by 2/3 of MPs present and voting. I think the only requirement is a quorum which is 30 Mps present and voting. So if these guys heed your advice, the bill will only need 20 MPs in favour to pass. They should ALL go to Parliament and reject these games.

Anonymous said...


Uko na Ukimwi? nilishikia ati wewe ni shoga.

UrXlnc said...

vikii @6:34

concur, well said. will however not speculate on who is or is not on that list, but its got to start somewhere and exonerate or expand as evidence is tabled.

on the bright side, it does not matter whether its ICC or local tribunal first. a local tribunal (if sloppy) only succeeds in delaying by a few years true justice, since ICC is known to independently follow crimes against humanity as seen in the case of rwanda, bosnia etc when its evident that no justice has been meted.

so if these guys were wise its better to bite the bullet now and face the ICC rather than wait when they are old and frail and be tried a second time.

Anonymous said...


Matako Kubwa said...


No matter how you [pretend to be a Mr. nice guy, you are a Kihii, foreskin bearer, a Jaluo prostitute spreading AIDS.

Watch this video and see what I am talking about:

kalamari said...

So far, it appears the engine of the choo choo train to The Hague is raving at the railway station. The thick smoke is bellowing through the chimneys.

Uhuru Kenyatta anatetemeka kabisa.

But alas! folks, don’t get your hopes too high. This is Kenya and we are about to witness the greatest poker game ever played on wanainchi.

It is times like these that I say, “Glenn Quagmire for president”.

Anonymous said...

I hate Chris!
His people are dying in Ukambani and here he is worshipping molasses! he pretend to care about the country and the people but he cannot give money to feed those dying of hunger.Bure kabisa!!
SHAME ON YOU!!!!!!!!

Anonymous said...

The US Ambassandor tells Kikuyu haters to stop crucifying Kimunya in an idle, useless and time wasting tribal rants.

Anonymous said...

Bravo Uhuru Kinyatta!

First day on the job Uhuru resolves the teachers' strike while Molasses Raila had been unable for eight days to coordinate a resolution. If only this messianic thug stopped kissing every TV camera in town and concentrated on doing something productive, Kenya would be better off. But again, what do you say about people whose culture is more concerned with titles and self-gratification!

UrXlnc said...


if those MPs had done their job right in the first place, they'd today be reaping the rewards/fruits of good long term planning and forward thinking leadership alongside other kenyans, instead having done basically a shoddy job of (mis)managing kenyan affairs (hence our current state of affairs) still want to milk the long suffering tax-payer.

just amazing. now lets wait for the hitherto unknown relatives/spouses/etc of some of the deceased MPs step forward to lay claim to the bounty

Ngunyi ngunjiri said...

As of 3 hours ago, parliament not having passed the aforementioned bill, it is clear as day is to night that these clowns we call politicians have shot themselves in the foot, thanks to one gitobu imanyara! The hague beckons! However, knowing our political elite, the state will never surrender them to be tried there, and the AU via the eminent persons are toothless bulldogs! If bashir has not been apprehended despite the atrocities committed in darfur that make our moment of madness seem like a passing cloud, u think the likes of ruto & co will be handed over? Never! Once again, impunity rules and we the wananchi lose to the wenyenchi!

Anonymous said...
This comment has been removed by a blog administrator.
Anonymous said...

Anon 1/29/09 2:56 PM

The first and most usefull act for Uhuru to do is to give back land stolen by his father....he is just using tax payers money to pay teachers thats no sacrifice nor does it require much intelligence what we need to know is how we can generate enough money to pay the teachers without sacrificing development and steming corruption....simply allocating money is something any idiot can do...
Sir Alex

Anonymous said...

Anon 1/29/09 2:56 PM

The right person to intervene on the strike is the minister of Education ( One Ongeri who has failed so far PNU stooge )who should consult the minister of finance....Now when the minister of finance starts negotiating with the teachers can tell we have a banana republic operating...Obviously they guy is desperate for political browny points...shame on him.....

Sir Alex

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