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Wednesday, July 06, 2011

Beware: Dangerous Wild Hungry Animal On the Loose in Kenya

If you are in Kenya the animal will get you if you don't take precautions, you have been warned

Please be patient and I will tell you about this very real and very dangerous animal on the loose.

Life is full of deals gone bad.

Allow me to tell you a little story that involves somebody very close to me.

This man when to see his girlfriends’ parents and was promised her hand in marriage. According to him it was a done deal more so because he was talking to her father who is an old man. Old wise men always keep their word don’t they? He left a happy man and went to start making all the necessary arrangements including getting his wife out of an expensive maternity hospital in the city.

Six short months later he was told that his girlfriend was getting married to a rich Asian tycoon. His girl friend claimed that her hands were tied; she had to do what her parents wanted. “But we had a deal (MOU—memorandum of understanding),” the jilted would-be husband protested to the old man. The old man got really angry and insisted that it was his daughter and he had a right to do what he wanted with “his property.”

This true story has an interesting ending. The Asian tycoon changed his mind because of a reason that had nothing to do with love and the poor “boomerang girl” was left hanging. And because the jilted man really loved her he is back on the scene.

Sometime last year the President and Prime Minister eager to get the new constitution passed (I am certain both have their deep regrets today) made a gentleman’s agreement with the 10th parliament. The legislators were worried that under the new constitution they would be required to pay taxes. They were reassured that this would only kick in when the 11th parliament came into the scene. Indeed the whole thing was put in writing with written assurances from both the finance secretary (Minister of Finance) and the chief tax man Bwana Waweru himself. Under the new constitution even if the president wrote and sealed a letter with his personal seal it would be null and void.

And the greedy legislators relaxed knowing that all was well and they could continue with their reckless spending and careless financial arrangements and basically enjoy their last few months in the house. Only for them to get a rude awakening about to weeks ago when the taxman presented the MPs with a huge tax bill backdated to August last year.

Everybody knows that story, but the big question is what triggered the taxman to demand his pound of flesh so suddenly and despite a high-powered MOU? Was it some political motive and if so by whom?

Many Kenyans are convinced that somebody was behind it for political reasons.

After some serious research I can today reveal the fascinating reason behind the legislators tax troubles. It will disappoint the conspiracy theorists but it is the truth.

When the new constitution was passed a friend who could not understand my excitement (just like many readers here) wondered if the constitution would really make a difference with all the impunity merchants still firmly in power. After all even the old constitution was often ignored. I remember my confident reply to that which I reproduce here word for word;

“The new constitution is an animal with a life of it’s own. There are going to be many many casualties to this animal, just wait and see. What we have done today is release a train that is unstoppable… not even the president has power to undo what has been done today.”

As I write this we have in Kenya for the first time a toothless president who cannot appoint his cronies at will. This alone has changed the political dynamics dramatically. This is the problem when change happens so fast. It takes time for stuff to sink in and register.

What is happening on the ground is that various institutions, now independent from the executive for the first time in history are carefully re-examining their positions under the new constitution. Especially because there are dire consequences to ignoring the constitution. KRA is one of the institutions that did just that and the result is what you see today.

Admittedly there are a few more institutions that are still in deep slumber (like the Kenya Police) but you can be sure that the animal will get them. Even parliament is still asleep trying to flex muscles that it really doesn’t have any more. Just watch what will happen to the Tobiko appointment.

We live in exciting times folks. Long live the new constitution with one important disclaimer; the animal will get to you too, so please re-read the constitution carefully.


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23 comments:

Anonymous said...

Brillint post Chris. Please keep em coming. No other blog like this one, I keep saying.

Anonymous said...

Chris,

Great post. Although you got one point wrong - and I quote you"

"Sometime last year the President and Prime Minister eager to get the new constitution passed made a gentleman’s agreement with the 10th parliament. The legislators were worried that under the new constitution they would be required to pay taxes. They were reassured that this would only kick in when the 11th parliament came into the scene."

This "gentleman's agreemant", "reassurance" or "MOU" was made personally by Mr Mwai "pumbavu" Kibaki to the MP's. Nowhere was Raila involved. Please stop dragging Raila's name into problems which are of other peoples creation.

This was a "gentleman's agreemant" between Mr Mwai "pumbavu" Kibaki and the MP's... and I think all of you know Mr Mwai "pumbavu" Kibaki's record when it comes to gentleman's agreements, reassurance and MOU's: HE NEVER HONOURS THEM!!!

Anonymous said...

YAWN

Mwarang'ethe said...

What is happening on the ground is that various institutions, now independent from the executive for the first time in history are carefully re-examining their positions under the new constitution. Especially because there are dire consequences to ignoring the constitution. KRA is one of the institutions that did just that and the result is what you see today.

xxx

As usual, in your attempt to celebrate USELESS victories, you miss the real deal.

In your mind, what the Chief ROBBER Waweru, is doing is in accordance with our new laws. However, you are blantantly wrong.

In law, there exists a principle, those WISE ENOUGH know, and is called:

(a) Principle of LEGITIMATE expectations.

Just to give thee a taste of what you ought to have considered before you penned this article.

In the Reprotech case, Lord Hoffman, observed this:

"There is of course an analogy between a private law estoppel and the PUBLIC LAW concept of a LEGITIMATE EXPECTATION created by a PUBLIC AUTHORITY, the DENIAL of which may amount to an ABUSE OF POWER..."

Also, in the R (Nadarajah) v. Secretary of State case, it was held that:

"... a PUBLIC BODY's PROMISE or PRACTICE as to FUTURE CONDUCT may only be denied, and thus ... may only be DEPARTED from, in circumstances where to do so is the public body's legal duty, or is otherwise .. a proportinate response (of which the COURT IS THE JUDGE, or the LAST JUDGE) having regard to a legitimate aim pursued by the public body...

... The principle that GOOD ADMINISTRATION requires PUBLIC AUTHORITIES to be HELD to THEIR PROMISE would be undermined if the law did not insist that any failure or refusal to comply is objectively justified as a proportinate measure in the circumstances."

It was added

"... by the respective force of the competing interests arising in the case. Thus where the representation relied on

- amounts to an UNAMBIGUOUS promise;

- where there is DETRIMENTAL RELIANCE;

- where the promise is made to an INDIVIDUAL or SPECIFIC GROUP;

these are INSTANCES where denial of the expectation is likey to be HARDER to justify as a proportionate measure."

There we are. Kibaki acting as the President, Wako acting as the Chief Legal Adviser to the State, Waweru acting as the Chief ROBBER, all made a promise to the mps.

That promise created a legitimate expectation.

As such, if we knew what RULE OF LAW really means, we would be mourning what is happening.

However, since we are filled with the spirit of REVENGE, IRRATIONAL HATRED, SPITE, added to those of DELUSIONS, ILLUSIONS and CHILDISH FANTASIES, we are celebrating chaos.

May God help us!

xxx

Anyway, since what we are saying amounts to "loving the mps" according to the prevailing "wisdom," let us depart and continue enjoying:

Lesson in My Life

http://is.gd/ld9o58

Anonymous said...

@MwaraNG'ethe,
Wow, at long last you have found your forte (web links) of Sumerian folklore. Only you know and is right all else are stupid.

Here, take a mirror and look very carefully what do you see? REVENGE, IRRATIONAL HATRED, SPITE, added to those of DELUSIONS, ILLUSIONS and CHILDISH FANTASIES

And that the true Mwarang'the.

Evangelical economics that only succeeds in ego expansion and delusions. Congrats mate.

Anonymous said...

I'm happy there was no clear winner in 2007. Since power can corrupt the noblest of men, any leader who ruled this country with the old costitution would obviously abuse power through the asscosciates that surrond the holder of that sit. Even though I am a RAO supporter a clear win would only have led to the debacle of NARC & the MOU fiasco.Ruto would have still caused trouble and the people suuronding RAO would have used it to fight him and thus we would not get the constitution we have today. The same applies to a clear Kibaki win. Constitution reform would have been a mirage since he was going to serve his last term while the UK clique would sit pretty and wait for what they missed out on in 2002.
The coalition government (PNU 99.9% vs ODM 0.01%) with all its ills has at least yielded a new constitution that was acceptable to majority of Kenyans. Whoever becomes PORK next year will have had to overcome higher threshold and operate within the confinement of the constitution that puts the presidency and other arms of government on a tight leash.

Anonymous said...

There are many dangerous wild hungry animals on the loose in Kenya:-

MPs
HIV/AIDS
man-made poverty
Kenyans seeking Mpango wa kando

you mean all these will be superceeded and swallowed up whole by the constitution?mmmmh!

Anonymous said...

Kumekucha,
How should we the people read the Constitution today (July 6,'12 ff), recognizing it as a powerful document for all people, and one which must be observed by all without failure?

From the perspectives of our different communities, obviously we will not come to the same conclusions about its meaning and significance when some of us are still demanding and drooling for one of own be the next symbolic (idle) occupant of what still remains of the '1907 Government House'.

All things taken into account, I am among millions of Kenyans who are so glad that the "DWH Animal" is now on the loose for all the rights reasons and pursposes.
----------------------------------------------------------------------
Kenya police (the striped hyena force) is not the only in deep slumber. So far, the Kenya armed forces the spotted hyena force is still slumbering as if they were the "King's African Rifles" under the command of General Manning.

The two forces need to be totally transformed in accordance with the times and the new Constitution.

IMHO, the $600 million that's wasted on military budget every years, could be cut into a half and the rest of it utlized on the construction of new schools, hospitals, ophanages, clean water facilities etc, around the country, unless there is a hungry crew of eaters and their leaders, like those in the ministry of education ($47 million gobe missing) waiting for their turn to eat.
----------------------------------------------------------------------
Further, no military institution that can ever change nor transform itself for the better unless the top brass are retired, transferred to other government minsitries, absorbed by the private sector or let go for all the right reasons.

Case in point, I don't see why any leftover relics from the 1970s should still be heading the so called Kenya Defence Force in 2011 and beyond.

Talking of individuals who joined the armed in early 1970s in an era when Richard Nixon was the 37th president of the United States and several adventurous Kenyans were fighting for the US army in Vietnam so that they could get their green cards and make use of the G.I. Bill.

At a time when Sir Edward Heath (unknown by 78% of Kenya's current population) was the prime minister of the United Kingdom, Haile Selassie was emperor of Ethiopia, and Mzee Jomo Kenyatta was still president of Kenya.
----------------------------------------------------------------------
With all due respect and appreciation for their service to the country, part of the old guard, namely, Tangai, Mwathethe, Karangi, Oyugi, Kasoan, Mwaniki and all the senior military company of old, should be retired in order to really facilitate the an over due surgical transformation of the Kenya Defence Force for the better of the nation.
----------------------------------------------------------------------
The Kenya police force (striped hyena force needs to be completely dismantled as well and then build from ground up.

The reconstruction commission must shift the current police headquarters, training college, GSU headquarters, and other facilities to new and suitable locations, and they should be placed under new command and see to it that a well trained and prepared crop of top officers with a real vision for the Kenya police force put in charge in all regions of the country.

Let them not forget to change the current damn uniform. Why not borrow a leaf from the KWS or the Uganda police force or police forces around the world?
----------------------------------------------------------------------
Change is good. Change is good for the country.

Anonymous said...

Resentment has now become a vocation...and the 'new constitution' is the new weapon. Keep repeating this Mantra if it comforts you; untruths repeated enough achieve an aura of truth- right upto the hour of destruction.

Anonymous said...

The Court and IIEC Frustrates Raila's Effort to Replace ODM councillors in RV with NON ODM people

The authoritarian replacement of councillors allied to Ruto in RV by Raila has hit a snag after IIEC discovered that some of the newly nominated people are not even ODM members.

ODM members across the country were enraged by this development. Of late, Raila has been accused of making unilateral party decision without consultation of the NEC or other official party organs. It also emerged that the new list of councillors was drawn up by Raila and Sec. Gen. Nyongo in disregard of the party's constitution.

Full story:http://www.standardmedia.co.ke/InsidePage.php?id=2000038494&cid=4&ttl=IIEC%20steps%20in%20between%20Raila%20and%20Ruto

Anonymous said...

Lol...someone is deleting comments.

Good job Chris or whoever you have hired as your side kick for muzzling voices

Anonymous said...

The Court and IIEC rejects Raila's Unilateral Decision to Replace ODM Councilors in Rift Valler after it emerges the new List Contains NON ODM Names

The attempt by Raila to replace nominated councillors allied to Ruto with his friends in Rift Valley hit a snag after the court and IIEC rejected the list submitted by Raila's group. This is after it emerged that some of the names belonged to non ODM members. It also emerged that Raila and ODM sec gen Anyang Nyongo drew the new list without consulting with either NEC or orther official party organs.
This latest attempt follows earlier unilateral decision by Raila to replace the pentagon members previously composed of Raila, Balala, Nyaga, Mudavadi, Ruto and Ngilu with leaders friendly to raila's re-election plan.

Read the full story here: http://www.standardmedia.co.ke/InsidePage.php?id=2000038494&cid=4&ttl=IIEC%20steps%20in%20between%20Raila%20and%20Ruto

Anonymous said...

The DECEITFUL Ida Odinga?

When it was fist reported in 2008 that the VP and PM spouses were to get a monthly allowance, the latter sent this statement to the press;

Prime Minister Raila Odinga’s wife Ida Odinga, has declined the Sh400,000 monthly allowance offered by the State. Mrs Ida Odinga, however, thanked the Head of Public Service Francis Muthaura for recognising the public responsibility she shoulders by virtue of being the PM’s wife
See story here: http://www.kenyalondonnews.com/index.php?option=com_content&view=article&id=2323:ida-declines-state-allowance&catid=41:kenya-headlines&Itemid=44
on the other hand, the VP's wife Pauline accepted the allowance for her charity work.


Well, 3 years down the line, it has emerged that Ida has silently been receiving the allowance.
The enraged MP's who are on a revenge spree after it emerged that they will start paying tax have threatened to withdraw the TAX FREE allowance that Ida Odinga and Pauline Musyoka have been enjoying. Mt Elgon MP Fred Kapondi said: “We are going to deal with this hypocrisy and double standards exposed by these leaders whose spouses earn more than MPs in allowances which are not taxed.”

While Kenyans have been used to politicians cheating openly in the public, Ida deeply betrayed many Kenyans who believed in her words and thought she empathised with their suffering.

Full story here: http://www.nation.co.ke/News/politics/MPs+threaten+Kibaki+and+Raila+over+taxes/-/1064/1195938/-/5g4n52z/-/index.html

Anonymous said...

The Numero Uno comment deleter on this blog is that old geezer known as TAABU

Anonymous said...

The DECEITFUL Ida Odinga

When it was fist reported in 2008 that the VP and PM spouses were to get a monthly allowance, the latter sent this statement to the press;

Prime Minister Raila Odinga’s wife Ida Odinga, has declined the Sh400,000 monthly allowance offered by the State. Mrs Ida Odinga, however, thanked the Head of Public Service Francis Muthaura for recognising the public responsibility she shoulders by virtue of being the PM’s wife
See story here: http://www.kenyalondonnews.com/index.php?option=com_content&view=article&id=2323:ida-declines-state-allowance&catid=41:kenya-headlines&Itemid=44
on the other hand, the VP's wife Pauline accepted the allowance for her charity work.


Well, 3 years down the line, it has emerged that Ida has silently been receiving the allowance.
The enraged MP's who are on a revenge spree after it emerged that they will start paying tax have threatened to withdraw the TAX FREE allowance that Ida Odinga and Pauline Musyoka have been enjoying. Mt Elgon MP Fred Kapondi said: “We are going to deal with this hypocrisy and double standards exposed by these leaders whose spouses earn more than MPs in allowances which are not taxed.”

While Kenyans have been used to politicians cheating openly in the public, Ida deeply betrayed many Kenyans who believed in her words and thought she empathised with their suffering.

Full story here: http://www.nation.co.ke/News/politics/MPs+threaten+Kibaki+and+Raila+over+taxes/-/1064/1195938/-/5g4n52z/-/index.html

Anonymous said...

Anon 1:46AM
you eat/sleep/dream Taabu so much that he's in every shadow and cloud on your computer and outside your window lol...
grow up&try not to respond childishly to my comment please

Anonymous said...

Anon@ 2:30 AM
who is more DECEITFUL Ida Odinga who never asked the "kind hearted and compassionate" MPs to give her an allowance or the "considerate and thoughtful" MPs who can think of giving Sh400,000 monthly to someone who didn't need it?

why didn't they think of giving that money to their constituents who are always going hungry and crying for relief and assistance?
don't be fooled by the smoke and mirrors!

Anonymous said...

Chris, we the people will somehow become aware of the whereabouts, political effects and legal ramifications of the already welcomed "Dangerous Wild Hungry Animal On the Loose in Kenya".

In the meantime, Kenyans must take the long view in all things regarding change for the better of the country and all Kenyans.

As we have all known by now, change will not be a two-year or three-year exercise, but it's going to take a whole decade or two or even three decades of political maturation and a clear understanding of civil liberties.

Further, with the aid of the "Dangerous Hungry Animal On the Loose in Kenya", it will not take many years but shorten the duration in which we the people can reconcile the old order and the new order.

Regardless of how deep the nation's problems have been allowed to fester and the time period in which it will take for the national and regional conflicts to be resolved for the greater good.

I hope and pray to all of our Kenyan acestors and in memory of those who have lost their lives fighting and striving for a better Kenya, that the next general election will be about the awakening of voices from all walks of life.

Without resorting to the cyclical political drama of crying wolf, election irregularities, intimidation, corruption, and worst of all, the shameless and evil invocation of ethnic wild cards whenever some crude and uncouth politicians are faced with insurmountable odds of winning a fair and open election.

As expected, the DWHA on the loose should be able to awaken the majority of Kenyans to the discover the fact that they can actually have access and be connected to the "system" without ever having to go through the ususal fly-by-night electioneering middlemen and women, conniving ethnic politicians, good-for-nothing MPigs, and deadwood minsters and assistant ministers who love worshipping the flags on their vihecles rather the rightful representation of their constituents.

A country that doesn't respect the decisions of its people, can't never find peace nor endeavour in lasting economic, political, social and interethnic progress.

Anonymous said...

As the electorate prepare for the yet to be announced general elections in December 2012, it is wise to pause and think through (as well as feel through) our own understanding of patriotism - the ways in which we seek to live out our sense of patriotism in our lives and citizenship - as well as what we observe our fellow constituents, and those beyond us, work through as we seek to be committed to real radical change in our personal, political and public lives, at the local level and above all at the national level.

Truth be told, some politicians still think they will always get elected, rule and live forever, therefore they don't care what their constituents or the country's nationwide electorate think in an era where the Dangerous Wild Hungry Animal [will remain] On the Loose in Kenya for a long time to come.

As a matter of fact, the 2012 general election should embolden various Kenyan communities to confront the difficult task of changing political minds that are bent on returning the whole country back to business as usual type of modus operandi.

And we the people should even take the extra step of kicking out more than 65% of the current decayed packs of MPigs from parliament as well as making sure we vote them out and at the same time deny them (deadwoods) through the ballot any gubernatorial and senatorial aspirations.

PNU, ODM and Others (political underlings) Will Not Decide The '2012 Elections' - We (the nationwide electorate) Will. The Choice Is In How We Cast Our Votes For Real Political Change, unlike was the case in December 2002 and 2007.

Anonymous said...

What is this Demo in Nairobi on high food prices all about -- we are watching it here in Western capitals?

At the same time we are watching people starving in Northern Kenya. What is the goverment doing about it?
And what are the "ables" and "haves" in Kenya doing to help those without?

The real dangerous wild hungry animal on the loose in Kenya is starvation. FOOD! and kumekucha is not aware of it.

Anonymous said...

Anon 12:51PM
Armchair commentary at its best

even if Kumekucha was aware of starvation and demo on high food prices and posted it here you are too far away what could you have done to help remedy the situation?

Anonymous said...

Anon 2:30
The MPs ratified in Parliament the pay of Ida's 400000/=. Ida rejected the payment and has not received the payment.

The PNU right extremists think they did her a favour and want to use the fact to punish RAO. What they dont know is that Ida is not getting the cash and they cant believe it, because their mental gluttony doesnt allow them to believe.

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