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Monday, August 17, 2009

Is Imanyara Fighting Impunity or Kibaki?

Honourable Gitobu Imanyara has crafted a private member’s bill seeking to establish a local tribunal to try PEV perpetrators. This comes after MPs unanimously shot down Martha Karua’s bill proposing the same. What is more, they threatened a repeat performance to Mutula Kilonzo. The turnaround amounts to liking the message but hating the messenger or grabbing ownership of what you hitherto loothed.

Imanyara’s bill comes with the knockout punch that specifically strips the president of immunity. He says his singular goal is to end impunity. So the question follows whether he equates the reigning impunity to the person of the president.

Don’t be vague, let’s go to The Hague was the clarion call of the heard in parliament. They chanted and shouted themselves hoarse but in the long run to show the MPs who the real bosses were, the cabinet disabused them of any pretensions of power and came with the TJRC gimmick.

Imanyara and his ilk may mean all the good things for Kenya. But one is left wondering whether personalizing the crusade against an individual and not the office takes the wind off the legal sails.

Parliamentary dictatorship
What is more, Imanyara intends to give MPs the exclusive power of parliament, executive and judiciary all to themselves. They will debate, legislate and enact the bill without reference to any other branch of government. One would wish MPs were that objective and honest to be trusted with this parliamentary dictatorship.

This impunity hydra mutates into many shapes and forms. Granted, any Kenyan suffocating from yoke would readily and unreservedly support anybody with a blade aimed at any of the monster's many heads. But the double standards and hypocrisy leaves you fearful of another mutant masquerading as a saviour. NA BADO.


Anonymous said...

"Imanyara and hiss ilk may mean all the good things for Kenya."

The key word is "MAY." At face value the fight against impunity is welcome, but when the lead fighter and the institution he is using to fight the impunity bring a heavy buggage along, the fight becomes suspect. Notwithstanding the monsterous parliamentary dictatorship descending on us, Imanyara has often cheapened the struggle against impunity by going personal with the First Family. He has become to Kibaki what Isaac Ruto is to Raila - a bitter opponent purely because he was left out of the cabinet. But unlike Ruto, Imanyara often goes one up; in a famous argument in State House with Lucy Kibaki he challenged her to strike him and face the consequences. She slapped him and reminded him that she is not from Meru where men intimidate women 24/7 this day and age.

Anyway, whether Imanyara is motivated by malice, or a desire to have his 15 minutes of fame, or by his love for the country, he will end up nowhere simply because he rushes to the press before consulting widely on a serious matter like this and his utterances attract suspicion even to otherwise potential allies.

Anonymous said...





The evil of 2007 continues to brood and boil

The evil of 2007 has not left us. It continues to brood and boil.
Not in our hearts, but in the minds of the powerful. And as they say,“… evil is like fire. You can hide the fire, but not the smoke”.
From cabinet, the smoke of ‘‘evil’’ is oozing. We saw it when they forgave each other recently. Now the killers in cabinet are free.

No Hague, No tribunal, No nothing! To the powerless, the cabinet message is simple: “damn you!”

If they killed your wife and children, too bad. Deal with it! If they took your small ‘‘patch’’ of land and killed your only animal, too bad. Deal with it! In sum, these cabinet people are subhuman.

If you looked closely, they probably have a ‘‘tail’’. Instead of embracing them, therefore, we should reject them. They are not with us. In fact, they have formed a cabinet ‘‘tribe’’ called ‘‘mafuta mingi’’.

And under this ‘‘tribe’’, they have formed a ‘‘unity of opposites’’. And in my reading of political science, this is dangerous. Examine the evidence with me.

For starters, they will jointly rig the 2012 elections. Unless the ‘‘gods’’ intervene, the process is already on course. And the chief political architect here is President Kibaki.

The President has two games. The intention, in my view, is to extend his stay in power “wapende wasipende”. Besides, and as I have submitted in the past, an orange tree cannot bear oranges one year, and bananas the following year.

If nothing has changed, we should not expect him to tinker with elections in 2007 and be of good behaviour in 2012.

Politics does not work that way. Once identified as ‘‘bad’’, a politician must always be assumed to be ‘‘bad’’. And this is President Kibaki for you.

Nothing proves this better than a trend analysis of recent times. All the so-called ‘‘reforms’’ are meant to explode in 2011.

This is no accident, no mistake. In my view, it is deliberate and well choreographed. Unlike when he was ‘‘sick’’, his moves are better organised.

This time, he will use the instruments of law to stay on. And three possibilities present themselves.

One, come 2011, Moreno Ocampo will be in town. He will have concluded his investigations and will be looking for the ‘‘Waki suspects’’. July of the same year, TJRC will give us names of other ‘‘thugs’’.

If we are lucky, we will also be emerging from a referendum. This is also the year when the Interim Independent Electoral Commission will be disbanded.

It was formed on December 28, 2008 and must disband on December 27, 2010. Come 2011, we will have no electoral commission. Given all the razzmatazz, we will be in a state of ‘‘war’’.

And if we are unwilling to fight, a war is likely to be induced. With this pressure, it will be argued that going into an election is suicidal. As a result, Parliament will revoke Section 59(5) of the constitution extending its life.

Anonymous said...



Under this section, Parliament is allowed to extend its life for 12 months consecutively. And it can do it for a period of four years.

The reason for this extension is ‘‘war’’. If in its considered opinion, Parliament concludes that we are at ‘‘war’’, this extension is a possibility.

In my view, this ‘‘mafuta mingi’’ tribe is indecent. They can create a state of war to allow for this extension.

And this is how, without a single effort, President Kibaki gets a third term. His new buddy, Mr Odinga, would also be allowed another ‘‘illegal’’ term as prime minister. I am sure he does not mind.

Two, we can stop this by way of a new constitution. Unfortunately, this is a pipe dream. But let us assume we get it, how safe are we? In my view, this would be worse.

Technically, a new constitution would not bar President Kibaki from running in 2012. And if the transition schedules bar him in the new constitution, they would be contested.

My reasoning is simple. The late Jomo Kenyatta became president when he was President Kibaki’s age.

He ruled for 15 years. If President Kibaki was a student of Mr Kenyatta, he must consider himself a young man. Besides, if he could be sworn in at night, what would stop him from going for another term in ‘‘constitutional daylight’’?

This is why, in my view, we should suspend the review process. It will only lead us to further darkness as a country.

Three, if the first two methods fail, the President will stay on through proxy. The possibilities are that he will rig the 2012 elections in favour of a candidate of his choice. But why do I say so?

Consider the evidence. He began by enacting the media law. This was signed in cold blood. It gives his minister powers to shut down all ‘‘irresponsible’’ media outlets including raids on television and radio stations.

After the media law, he moved into areas that continue to baffle me. He expanded the Administration Police. This force was mentioned adversely in the Kriegler and Waki reports. Why expand it and give it better ammunition?

Then he created new provincial administration units. If he is retiring, what is the point of this? And now there is the national census. In my view, this smacks of politics.

More so after we were told that the Kamba population has now shot up to 2.4 million people to equal the Kalenjin. Something does not add up here.

I could be wrong in my reading of President Kibaki, but I submit that we do not know him. We should constantly ask for the real Kibaki to stand up!

In the meantime, the powerless should remember this: “… Once you get used to the chains of bondage, you should prepare your limbs to wear them”.

If we accept some things, we must also prepare to pay the price. If we choose silence, we should also know we are choosing oppression.

According to a 1968 book entitled Pedagogy of the Oppressed by Paulo Freire, “…washing our hands of the conflict between the powerful and the powerless is to side with the powerful not to be neutral”.

Read that against this other one:

The Kibaki I know

Anonymous said...

You are advised to learn something about the "Matroyshka principle" or the onion metaphor. Then you would understand the futility of wanting to "know" Emilio.

Mwarang'ethe said...

Mutahi wrote that:

After the media law, he moved into areas that continue to baffle me. He expanded the Administration Police. This force was mentioned adversely in the Kriegler and Waki reports. Why expand it and give it better ammunition?

Our views:

All this description of what is happening is true. However, the real question is, for instance, why is Kibaki able to expand a police force that has been used and may be used against Kenyans in the near future to prevent democracy and freedom from taking root?

Let us first note that, there are three types of communists:

(a) The Left wing communists, i.e. Marxists. They believe that it is the function of the state to control all industries.

(b) The Middle of the road communists believe that the state should control some vital industries.

(c) The right wing communists believe that the state has the Divine Right to control money.

Let us note that, the right wing communists are the most dangerous of all communists. This is because, they do not come saying they are communists. No, no, they come as believers in capitalism and all freedom it promises.

It is should not difficult to see why right wing communists all over the world in dictatorships and in the so called free market economies wants states to control money supply.

Without control of money supply, for instance, Bush would have told Americans this:

"Ladies and gentlemen, I am going to start a war of choice against Iraq people. To do so, I need 2 trillion dollars. To raise this war money, I need to increase your tax by at leat 30%."

Seeing the TRUE cost of such a war, there is not doubt that, Americans would have said no to such taxation and thus prevent shedding of so much innocent blood the invasion of Iraq has brought.

However, since he is a right wing communist, he told Americans, something like this: "do not worry, the war will cost them nothing. In fact, it will be profitable." But, with the benefit of hind sight, was that true?

It is our firm belief that, those who are wise, have seen thru the Iraq war how a monopolised money supply is dangerous to freedom of all mankind.

In Kenya, since Kibaki is also a right wing communist, all that he needs to do is just write an IOU to Equity Bank, and he has all the money to expand the administration police as well as buy better ammunitions for them so as to suppress the freedom of Kenyans.

Thus, Kenyans may change the Constitution, may vote, may cry, may lament, but, it SHALL be in vain as long as the President, or the Govt. for that matter is the fountain of money which is vital for exchange and freedom.

However, due to structural captivity, many cannot imagine a different future. In fact, if the State had asserted its right to contol and thereby supply baby diapers in 1654 as it did with money supply, many would even die to defend such arrangements.

Thriller said...

"If you have time to whine and complain about something then
you have the time to do something about it."

Anthony J. D'Angelo

Anonymous said...

Thats Kenya for you.The place where leaders/people in authority,do one thing and then try to hoodwink the masses that its something else.The only country in the world where trees and flowers are brought down in the capital city,replaced with coloured stones,then a senior government official has the cheek to declare that 'its greening the city'!

Anonymous said...

I think that Imanyara has been fighting impunity since his days at the barracks. Way to go Imanyara.

Mwarang'ethe said...

Anonymous wrote:

The only country in the world where trees and flowers are brought down in the capital city,replaced with coloured stones,then a senior government official has the cheek to declare that 'its greening the city'!

Our views:

Let us show clearly what is happening here.

Since the Govt. has the Divine Right to supply money to Kenyans:

(a)it only has to "borrow" money,
(b)from select banks owned by cronies,
(c) give the job to other cronies to uproot the trees while replacing them with stones.

Thereafter, having created inflation which will further destroy living standards for all, while enriching a few, it will then tax ALL Kenyans to pay for the principal and the interest. You can subtitute trees with bullets, teargas, cars for govt. officials etc etc. and u will get the same picture.

If these are the irrefutable facts of how we constitute a govt. in the 21st Century, isn't obvious that, the slave is paying thru his taxes for instruments meant to enslave him/her even more?

And, if one disputes the above conclusion, can he or she enlighten us as to how this vicious cycle can be broken apart from separating State with money as humanity did with religion and state?

Anonymous said...

Imanyara may have fought against the moi excesses, but here he is merely after publicity. Apart from saying his bill will not require presidential assent, it is no diffrent than karua's or mutula's. He is one of those who were shouting that there were only 3 options: hague, hague and hague. Now he wants a local tribunal! And where are the numbers? it will probably end up like khalwale's prosecution of ruto in parliament.

Anonymous said...

If MP's get the powers being suggested then the people will have to be better voters, but the legislature and the executive do need a check and balance system on each other.

Impunity has to stop, either we start trying or continue to fail.

Anonymous said...

Deeply immersed in his own ego, enveloped in a bitterness that surpasses all understanding, and driven by a blinding pursuit of vengeance, Imanyara Gitobu (like Paul Muite) is someone that Kenyans will blindly follow to their doom and destruction.

shaka said...

Imanyara had better be careful.If he or his companies owes some banks money the first family are going to make sure that the loans and mortgages suddenly mature.He will obviously fail to pay then all his property will be auctioned and lastly he will be evicted from his house and declared bankrupt.
Ask the chaps who crossed Moi's path and you will know what this regime is capable of doing.
Muite is the latest victim of the last laugh from ruuuucy.

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