Kumekucha Exclusive: How Raila-led demonstrations forced IEBC commissioners into resignation

IEBC Commissioner's Quit Letter exposed!

As the debate on the fate of the Independent Electoral and Boundaries Commission  (IEBC) rages, Kumekucha has obtained copy of the actual resignation letter in which four electoral commissioners submitted their voluntary resignation to the President during the height of opposition led public protests that saw numerous civilians shot dead and many others injured by Kenya Police.

This is the first time the resignation letter is being made public showing that opposition pressure was bearing fruit and it was a matter of time before the entire commission, enjoying constitutional security of tenure, collapsed.

Although mainstream media have reported on these resignations as may have happened, the letter in our possession clearly indicates four commissioners at pains to resign and whose abrupt resignation has taken top echelons of  government by surprise.

The resignation letter also reveal that commissioners Yusuf Nzibo, Albert Bwire, Kule Galma Godana and Abdullahi Sharawe had written to President Uhuru Kenyatta in June declaring their intention to voluntarily quit. Among other reasons, the four admit they want to avoid being dragged through the process initiated by Parliament to remove them from office.

It is believed Jubilee are actively lobbying the Commissioners to remain, at least past the 2017 elections. Legal experts indicate the resignation renders the commission unconstitutional and handicapped to discharge it's mandate if the resignation go on record.

With this damning exposure, questions are bound to be raised as to the motive of President Uhuru's failure to respond to the resignations which he has the option of accepting or rejecting. Even more significantly, if the Commissioners remain in office and declare winners in any election after this resignation, losers can petition courts to nullify respective election results including the presidential election.

The conspiracy of a month of silence points to a sinister motive that puts serious doubt on the ability of the IEBC as currently constituted, and with four commissioners not committed to work, to effectively manage the 2017 general elections in a free, fair and accountable manner. Insiders in ODM told this blogger they are ready for Uhuruto!

Ababu-led PAC was a ruthless blackmail and extortionist organization

The Parliamentary Accounts Committee (PAC) is responsible for the examination of the accounts showing the appropriations of the sum voted by the House to meet the public expenditure and of such other accounts laid before the House.

By the very nature of its role as the public spending watchdog, PAC is one of the most significant and powerful Committees in parliament, since it has a critical role to play in ensuring that there is accountability and transparency in the way Government agencies allocate, spend and manage their finances and also more importantly, in guaranteeing that the taxpayer receives value for money for every shilling spent.

At the start of the 11th Parliament in 2013, Budalangi MP Ababu Namwamba was given the mantle and trusted with heading this crucial committee by the official opposition. Unbeknown to us all, this marked the start of what would be the biggest scandal in the history of parliament in Kenya. The failure was spectacular and embarrassing!

After traveling the world for close to two years collecting sitting and traveling allowances amounting to millions of shillings, that included all-expenses paid business class investigative trips, some of which he tagged his beloved wife along, Hon Namwamba and his committee did not table a single report to justify its mandate.

Instead, an internal probe exposed Ababu’s PAC as deeply corrupt. The verdict was direct and damning. It found the PAC members had acted dishonestly and corruptly. PAC had dealt unprecedented damage to their work and undermined public trust and confidence ... having conspired to extort what were in substance bribes from the institutions they were supposed to investigate through systematic acts of blackmail.

Parliament unanimously agreed with the Powers and Privileges Committee and adopted its investigative report into the dirty affairs of PAC leading to the premature disbandment of the Ababu-led PAC which is one of the House’s most important oversight committees. The disgraced PAC members were ordered to apologise to the rest of the House and barred from the new PAC.

The specific five members of the old one that were debarred were its chairman Ababu Namwamba (Budalang’i, ODM), Ahmed Abass (Ijara, ODM), James Bett (Kesses, URP), Omondi Anyanga (Nyatike, ODM) and Cecily Mbarire (Runyenjes, TNA). Under normal circumstances, they were supposed to face criminal charges in an anti-corruption court. They did not.

Hon Namwamba’s team became the first watchdog committee to be disbanded on allegations of corruption in the 53 year old history of the Kenyan Parliament.

In their paid “working” holidays overseas, the disgraced and debarred Chairman Ababu Namwamba and his team forgot that PAC signifies one of the essential constituents of Parliamentary watchdogs which is the culpability of Public money.

They instead used their positions to extort money from suppliers and other organizations that they were investigating. This is information is not something that is made up. It is in fact recorded in the hansard as actual events. If there was anything that ever exposed Ababu as a fraud, the dissolution of the PAC was it. It is time some people got off their high horses.

Despite of the enormity of the scandal, the ODM and its leadership stood by its beleaguered Bundalangi MP. As if that was not enough, Ababu went ahead made a brazen secret recording of his private meetings with the Party Leader who has always defended him.

Political Transfer Window Open, Cold Fireworks

Less than five months to go and the open political window is destined to see more intense activity like never before.

You will here and witness numerous alliances that break even before the handshake is over. Welcome to Kenya's well-known ritual of political prostitution and laundering.

Already we are witness to a flurry of activities seeing engagement of foreign consultants engaged to spin facts. Who said foreigners should leave Kenyans alone?

You won't believe the faces on camera exposing their post molars in delight of forming alliances. Hitherto sworn enemies (sorry opponent is so soft in Kenyan politics) will be trooping to one side singing from both layers of their lips.

The adage no permanent friends nor enemies just permanent interests has never been more apt. Enjoy the show while it lasts.

Corruption: Now MPs Invent a Measure of Passion

So what is the standard unit of measuring passion? If only being voluble PLO-style is symptomatic of superlative passion then corruption would have been eradicated even before he assumed office. But alas, there is more to passion than just mere words and good (albeit empty) intent.

Just when you thought our MPs have had their full they have now invented a measure of passion as a yardstick to fight corruption. Seeing them falling over themselves and waxing patriotic in demanding the very virtue they lack in plenty is a sight to behold.

Trust the smart Alec's to always clothe their sectarian interests in very glossy garbs. In demanding that Ceaser's wife be beyond reproach, the new proposed anti corruption chief has been hit with allegations of impropriety while at KRA. If proven true, the KES 2.4b that he never collected as tax from Kingsway Motors (read Kamlesh Pattni) will come to haunt him big time.

And if you thought the bull fighter is alone in demanding transparency, lady MPs are seeing the whole charade as a scheme against women given that two of the three nominees are their ilk. We haven't heard the last of these lot yet.

As we near 2012, political battles will take all forms and shapes. No effort will be spared even if it means exporting out village politics to the global arena just like the Kenyan Diaspora discovered this week the hard way in the US with regards to ICC and Ocampo.

Back to the anti corruption saga in parliament. It is all heat with no intention of generating any trace of light. The whole thing is flawed all the way from top to bottom. Otherwise how else do you explain the fact that the new constitutional offices are all being filled using every criterion except merit.

Well, the engine is revving and we are just glancing the steep slope to 2012. Brace yourself ladies and gentlemen.

Would Snap Elections Resolve the Abortive Judicial Appointments & Impending Hague Trials?

Desperate PNU ready to sacrifice......if only to avoid the Hague!

Following political uncertainty arising out of disagreement by the principals on key judicial appointments, speculation is rising over the possibility of one partner unexpectedly pulling out of the coalition and demanding a snap general election. Political temperatures are escalating and it is noticeable through the same vitriolic utterances of some of the amateur players (read-Hague suspects) who so nearly led this country to civil war in 2008.

But even as the two principals retreat and appear to close ranks, both are still talking of following difference routes towards resolving the stalemate and it now seems unlikely they will reach an amicable agreement given the contents of statements released by each of them. To add insult to injury, PNU and its allies continue to plot all manner of attacks against their coalition partners aimed at weakening them politically. Despite their presumed greater numbers, they came out of parliament with black eye and without any victory against mainstream ODM.

Matters are not made easier by the immense pressure on key political figures named as ICC suspects in Kenya's post elections violence. The Ocampo6, actually Ocampo3, are believed to be the real power behind the push for the ill conceived and moribund ICC deferrals. ICC Prosecutor has vowed to make Kenya an example to the rest of the world and had promised to start the Kenyan cases at pre-trial chamber of the ICC at the beginning of March 2011. This date which is hardly one week away is giving the powerful Ocampo3 sleepless nights. The rejection of judicial nominees by speaker Marende almost drove Uhuru Kenyatta and William Ruto to tears. The reality is dawning key men of the president's camp, including defecting ODM allies, who have made a huge about-turn from favouring Hague, to favouring a local tribunal. They are hopeful that the UN-Security Council may just grant their wish.

The unspoken secret is that the recent controversial and hurried judicial appointments were geared towards showcasing to the international community that Kenya's judiciary is now reformed and peddle the lie that the country can successful put to trial all the post election violence suspects using local mechanisms. The AU Heads of State fell for the campaign and it is only the UNSC that now stands between Kenya and the ICC. All signs are that some members of the UNSC will veto Kenya's application for a deferral and that the ICC pre-trial chamber judges will soon be issuing summons, or on a worst case scenario, arrest warrants, against the Kenyan suspects, since Ocampo had predicted the cases would begin by March 2011. Arrest warrants are more likely because on all intents and purposes, the Kibaki government will not co-operate with ICC since the suspects still serve in the same government.

With the dreaded month of March fast approaching, PNU (and defecting ODM allies) are extremely desperate and are now exploring unthinkable options to ward off the possibility of Uhuru Kenyatta, William Ruto, Francis Muthaura, Maj-Gen. Ali, Henry Kosgey and KASS FM presenter Joshua Arap Sang being shipped to face justice at the Hague. Not only are the individuals influential in their own right, there are deep fears that they may cut deals with Ocampo to implicate one or both of the principals, and even agree to testify against one of them. One can only imagine the bombshells if, say, Muthaura or Ali decides to testify against their boss Kibaki!

Although a snap election appears to many as a far fetched eventuality, keen observers of the Kenya's political arena, will not have failed to notice the recent semi official political rallies by ODM Leader in all parts of the country. Raila has already been to NEP, Coast and is this coming weekend expect to be in Western, where ODM bigwigs are expected to troop to town and address a huge political rally at Kakamega's historic Muliro Gardens.

Before this, an unexpected sms is already doing the rounds in Nairobi today that Raila Odinga will tomorrow morning at 10am, Friday the 25th February, address an unscheduled political rally at Nairobi's Country Bus station, otherwise known as Machakos airport. Not only is the rally an unusual occurrence, but it is an obvious choice to any smart politician. It happens to fall in Kamkunji constituency which is due for a by-election soon, and it is a location through which hundreds of thousands of common Kenyans pass through each day. It is also adjacent to the populous Eastlands area of Nairobi and also close to the ever busy and quite expansive Gikomba open air market. In other words, rather than hold a rally in Uhuru Park, there are hordes of common inflation-hit wananchi readily available at Machakos airport everyday and the ever scheming Raila, it seems, wants to take full advantage of this to address them directly. ODM insiders have already confirmed the rallies are on. So what does Raila know that the rest of the country does not know? Will Kamkunji OCS ban this rally on grounds of insecurity as he did for Eugene Wamalwa and Maina Njenga, or is the PM on a 'working tour'?

These highly charged political rallies can only mean, either the country may be in for a snap election, or subtle campaigns for the 2012 have began.

With the recently promulgated constitution hardly implemented, it remains to be seen if the coalition may collapse, or if snap elections may be called. Many middle class and upper class Kenyans are expressing their usual scepticism over the possibility of going for premature polls but if you talk to any poor Kenyan on the street, you will be shocked at how much wananchi are fed-up with the MPs of the 10th parliament and the dysfunctional coalition government. Wananchi are ready to vote out these pretenders to the thrown.

Watch this space!

New Oath of Office Will Be High Crime for Anti-Constitution Ministers

Kenyans are heading back to Uhuru Park to be part of celebrations of the new dispensation. They will witness leaders pledge loyaltly to the country and the cameras will be rolling later this month when cabinet ministers are sworn-in afresh. But for some leaders oath of office will be something akin to treason.

As public officials, how will Ruto, Shabaan, Porghisio and other NO ministers be expected to Obey, Serve, Uphold, Respect or Defend the new constitution? Are these individuals truly fit to continue holding public offices?

After having vehemently opposed the new constitution under false pretence and that which thankfully Kenyans refused to listen to, cabinet ministers who ardently served on the NO side during the campaign find themselves in serious catch-22 situation.

The new constitution transitional clause requires that ......”On the effective date, the President and any State officer or other person who had, before the effective date, taken and subscribed an oath or affirmation of office under the former Constitution, or who is required to take and subscribe an oath or affirmation of office under this Constitution,204 shall take and subscribe the appropriate oath or affirmation under this Constitution........"

Unless the principals exercise their powers and replace them, or unless they resign on their own volition, cabinet ministers who had vehemently opposed the proposed constitution will be required to partake this new oath of office that they ......”do swear/solemnly affirm that I will at all times be faithful to the Republic of Kenya; that I will obey, respect and uphold this Constitution of Kenya and all other laws of the Republic; that I will well and truly serve the people and the Republic of Kenya.......”.

The president and prime minister will certainly enjoy watching the same opposition swear to obey and defend what they opposed. Of course 2,795,059 Kenyans who voted NO will also be watching in amazement as the leaders who asked them to oppose now pledge to defend, obey and respect the same document. Will these so called leaders have any credibility left thereafter? Actually, there is no need to sack them, let them do what is ethically the right thing to do. Those who do not agree with government that they serve, what business do they have continuing sitting in it?

Without batting and eyelid and quite shamelessly, Ruto’s concession speech was more of a threat than an admission of a crushing defeat. As one who aspires to be president, I expected Ruto to take personal responsibility for that failure as defacto leader of the NO side. Ruto ought to have apologised for misleading 2,795,059 of cast ballots astray. Instead, the fellow was chest-thumping about non-cast ballots and calling on the two sides to negotiate amendments on the new constitution. This is an affront to democracy and an insult to the intelligence of Kenya voters.

The new constitution seeks to bring magnanimity in our national politics, but listening to Ruto, one wonders why he just does not get it. In established democracies, a defeat such us one experienced by the NO side warrants resignation of presidents and their ministers. Actually, if the NARC government could have resigned and called for fresh elections after the 2005 referendum defeat, then certainly the 2007/8 post elections violence could not have happened. In 2010, the NO ministers still have the audacity to demand for negotiations after having been humiliated at the ballot box already adjudged to be free and fair. It is as if the referendum was a mere tea-party and nothing of significance. Am I the only one seeing this hypocrisy and disrespect for democracy?

If we continue to allow the elected officials in our government to violate their solemn oath of office, we disregard accountability and enhance impunity and grand corruption. By letting these scoundrels get away with this high crime, we ultimately contribute to the destruction and elimination of our supreme law, the constitution.

Given Ruto’s well publicized opposition to this very constitution, would it be morally correct for him to partake the new oath on the same constitution? Are Kenyans prepared to see the same ministers abandon their responsibilities on the front bench during the crucial implementation of the constitution and legislation of related laws?

The honourable and respectable ministers should do the right thing and voluntarily resign. It is the correct thing to do at this point.

Curtailing Civic Education Benefits NO Campaigners

Nyamu-led Kadhi Court Ruling Boomerang

This past weekend, Infotrack released opinon poll results touching on the referendum and the effects of the Kadhi court ruling on voters. Only a mere two out of ten voters confirmed having been influenced by the ruling.

The Infotrack poll also put the YES-ers at 63% and the NO-ers at 21%. The poll reveals there are significant incidences of katiba ignorance in Rift Valley and Eastern provinces the same areas where the NO-ers get most of their 21% support.

Knowledge is power and it is sad in this day and age, a large portion of these populated provinces have little knowledge on what is on the cards in the katiba. The need to educate these voters is important for it will help them make informed decisions at the time of voting at the referendum. In the short term, it will help them heckle and tell of the likes of ex-President Moi and the Ruto-Mithika axis who have made it a habit of misinforming and distorting the provisions of the draft whenever they address their rent-a-crowd rallies. Moi has suddenly gained notoriety for stoking ethnic passions instead of using his status to educate the RVP peasants on the individual chapters or provisions they purport to be retrogressive. Moi’s opposition to the draft stems from the fact that he wants to keep his huge swathes of idle grabbed land tax free.

It is regrettable that the status quoist are using Uhuru Kenyatta (YES daytime and NO nigh time) to deny these populous areas the right to civic education. For instance, some areas of Eastern and Rift Valley can only be reached by helicopters, which the CoE have to hire daily to traverse the remote areas. The CoE also have to run expensive daily roadshows and media campaigns all over Kenya so as to effectively disseminate their educational messages. But without money, they cannot do it. The same tactics which the colonial government used in the 1950s in resisting the struggle for independence are the same ones Uhuru is now using to deny Kenya the right to information on the new constitution.

Instead it is the office of the Prime Minister which has so far donated Kshs. 90million for the CoE to use in civic education. For a national assignment as important as this, why not the Office of the President, or even why not the Treasury?

Back to the poll and not surprisingly, the two leading YES provinces coincidentally also happen to be the same ones worst affected by deliberate marginalization of the Kenyatta, Moi and Kibaki governments. NEP at is YES at 96% and Nyanza is at 93%. They two are also the most informed about the contents of the draft and the least influenced by the recent bizarre ruling of the constitutional court on Kadhi courts.

Obviously these two regions are attracted to the proposed draft due to prospects of devolved government. After decades of paying tax to national government and watching helplessly as the same government overlooks their interests, there is hope at last in the new draft. Am looking at nearly 15% devolved funds comprising the national allocation to the County governments, powers to borrow and raise revenue, the equalization fund, the CDF and other forms of local resources will be put in the hands of the local people to decide for themselves at the grassroots what is best for themselves in the regions that they live. Too good to be true? What is more, the governor and county committee remains and are directly accountable to the people who elected them to these positions. In this case, there will be no PC or DC or even chief involved. It will be strictly by the people themselves.

What most ethnic kingpins and latter day politicians fear most about the counties is that the governors will overnight be transformed to become the new local political kingpins. The MP or even the power bokers will no longer be the ones calling the shots or hosting delegations. The governors will be. That will be on top of being on the development driving seat. Can you see the end of people like perennial fence-sitter Kalonzo and PEV masterminds Ruto, Uhuru Kenyatta – those who do not have a political constituency beyond their ethnic enclaves?? You bet!! The era of 'our people this our people that' is GONE.

Back to our pet question: Do you approve the proposed new Constitution?

Mine is BIG YES.

Kibaki, Moi, Ruto: 3 Most Consistent Politicians

Give it to these elegant three Kenyan leaders. They can manage to hold their forte no matter the political heat. Not even the fuming church matches their political fidelity. Ex-president Moi saw it ahead of all Kenyans and warned us as much. He was in the NO camp in 2005 and is staying put there. Kibaki likewise is not decamping from his YES stand. These two wise men epitomizes mental and political stability.

Ruto's resolute leadership of the NO camp must come as no surprise to those who know Bill well. William is his own man and unlike his peers, he won't patronize but seeks to be the patron himself. In Ruto the church has a PRINCIPLED leader and partner in the no campaign. He shoots hard from the hip and holds no hostages.

Make no mistake, Ruto's rejection of the porous draft is strongly grounded on merit and merit alone. Passing the CoE's constitution will provide the seed to fertilize ethnocentrism, nepotism and violence. Ruto and his NO brigade have selflessly warned us against the draft's exotic Bill of Rights.

You cannot fault Moi on patriotic matters, or can you? He knows better than having Wanjiku mesmerized by such a weighty and abstract matter as the constitution. Forget all that lofty talk of fundamental rights and freedoms. Nothing is more basic than the God-given right to life, security and privacy. The drive for justice is only meant to keep the civil service relevant, nothing more. And Ruto is not afraid to remind them and even take them head on.

According to Ruto, Chapter five of the Proposed Constitution on land is a sure recipe for eternal friction and chaos if not amended NOW. Well, our independence was fought with lives lost over land and Ruto and Moi have reminded those with ears and eyes as much. What is more, these two know exactly what they are talking about when it comes to land. We ignore their wise counsel at our collective national peril. All the hot air on water towers and environmental conservation must be dismissed for what they are. Vision 2030 can only be secured with enhanced investment including capable Kenyans and foreigners acquiring and modernizing our national parks, forests and water towers.

The draft's pretense on provision of equality flies hollow at the face of our African values. You only hasten your suicide mission in the villages by mentioning gender parity on land matters. No wonder Kenyans turn a blind eye to Moi's timely reminder that the draft is academic crafted to serve foreign interests. Parliament cannot pretend to have the authority prescribe minimum and maximum land holding acreages for our tribal kings. Squatters must jealously retain their status so as to have the opportunity to vote.

Ruto is more than right on his fight against a super-imperial President. He knows and has experienced the perils of bestowing powers on one person to appoint virtually all state officials including ministers, ambassadors, permanent secretaries, security chiefs and heads of government firms.

Passing the draft will deny Kenyans the political excitement derived from MPs jockeying for ministerial posts. Kenya is no US and our Cabinet must be exclusively composed of elected MPs. Pretending otherwise is to spite the squatters who vigorously campaign and vote for their lords.

Ruto and his NO camp must not waiver. It is a new dawn led by Ruto and he deserves the support of every progressive Kenyan. This is 2010 and unlike the hitherto politically-informed 2005 referendum, the present debate is issue-based.

While the No camp articulate their ideologies devoid of raw politics, the deceptive and politically faint-hearted have their eyes singularly trained on 2012 polls. Well, look no further than the two marionettes speaking from both sides of the mouth saying different things about the draft depending on the audience.

Stealing Kenyans' Skeletons, Raiding Graves

Suspended Local Government Permanent Secretary Mr Sammy Kirui.


THE PUBLIC RIP-OFF AT CITY HALL; THE FACTS, FICTION AND THEATRE


By Miguna Miguna, MARCH 10, 2010

In law, they call it an open and shut case. That’s what the rip-off surrounding the “purchase of land for cemetery by City Council of Nairobi” is. This is a fraud from the beginning to the end. Let me explain using credible primary evidence and chronologically demonstrate how this fraud was cooked and executed by senior public officers at the Treasury, Nairobi City Council and Ministry of Local Government.

A letter by then PS for Local Government, Sammy Kirui dated 25 June 2008 addressed to the former Town Clerk of Nairobi, John Gakuo, refer to various correspondence between the Nairobi City Council, the Ministry of Local Government and Treasury confirming that the “Government” had allocated funds for the fraudulent transaction. The letter notes that a meeting held at the Ministry headquarters and chaired by the Senior Deputy Secretary on 5 June 2008, stressed the need to “finalize” the transaction. By this date, no land had been identified or purchased. It is unclear how and why Sh 350 million of public funds was released by Treasury to Mr. Kirui.

On June 27, 2008, Mr. Kirui instructed that payment for the non-existent land be processed and Sh 350 million be paid out to unidentified people. The parcels of land identified for purchase were LR 23222, 23223, 23224, 23225, 23226, 23227, 23228, 23229 and 23230, measuring 75 acres to be purchased for use as cemetery. There is reference to a draft sale agreement between the City Council and some unnamed vendors.

Mr. Kirui directed payments on State Counsel E.N. Torome’s Memo dated 27 June 2008. The same day, the Principal Accountant at the Ministry, J.O. Warega, wrote to the Chief Accountant confirming that Mr. Kirui had “approved payment.” Mr. Warega instructed the Chief Accountant to prepare payment of Sh 289 million to E.N. Omotii & Company Advocates as “per the approval.” No indication why this large sum is being paid out. This happened before the land had been located and no Sale Agreement had been signed.

Mr. Kirui sent another letter to Mr. Gakuo on 8 September 2008 stating that “it is noted from your letter that identification of a suitable parcel of land for use as a cemetery through personal visits is not yielding results.” He directed that a paid advertisement be placed seeking appropriate land. Yet, payments were processed by Mr. Kirui more than six months before the required procurement conditions were met or appropriate land identified.

On 30 October, 2008, Mr. Kirui sent another letter to Mr. Gakuo stating that: “It is now 5 months since you initiated action on this matter and yet you have not concluded and advised the Ministry to effect payment. The continued holding of this payment is adversely affecting other financial transactions in the Ministry. From the date of this letter I want to get this matter concluded within a period of 5 days. At the expiry of this period the Ministry will take over the procurement process and proceed with the advertisement for the purchase of the land for the cemetery.”

The haste and desperation to conclude the fraud so as to cash the large public cheque is obvious from the contents of Mr. Kirui’s letter.

By letter dated 4 December 2008, Mr. Kirui says to Mr. Gakuo: “it is particularly disturbing that the tender documents are alleged to have been defective.” Yet, on 18 December 2008, in response to a query by the Chief Financial Officer over the same issue and recommendation that the ministry’s State Counsel peruse the documents, Mr. Kirui responded that “State Counsel perusing the agreement is just another bureaucratic hurdle” to delay the transaction. Kirui pointed out that even “the other bidders” had not complained. Bureaucratic procedure suddenly becomes an unnecessary hindrance.

None of the documents were copied to or signed by Hon. Musalia Mudavadi, in violation of section 144(2) of the Local Government Act that states that all land transactions must be approved by the minister.

On 15 February 2010, the Controller and Auditor-General forwarded his audit report on the transaction to the finance minister, Uhuru Kenyatta. He also delivered a copy to Hon Mudavadi who then forwarded it to the KACC on 17 February 2010, and requested that action be expedited on the matter. On 19 February 2010, Mr. Mudavadi sent a letter to Amb Muthaura, with a copy of the report and asked Muthaura to “take peremptory measures” to implement the report’s recommendations.

Neither KACC nor Muthaura took any action; not until the irregular leakage of an incomplete KACC report. The true value of the land in question is Sh 24 million. The transaction was sealed using a forged valuation report that inflated the price to Sh 325 million, which was paid out to among others, a sister to the PNU’s James Nyamweya. The land purportedly purchased is not the same as the nine parcels listed above. Mudavadi was not involved and never received a cent.

PDM Stands for Progressivism, Nothing Else

ODM has been checkmated big time. The orange party has been brutally reminded that there is no monopoly to permutation of letters. Give it to PDM for scoring big by leaping to P from O in the alphabetical ranking. Only DM remains a constant.

What is more, PDM singularly stands for PROGRESSIVISM. You cannot beat that using any linguistic pretense. After grand coalition come grand ideas. Learning from the master/s and even taking it a notch higher, PDM is collating all the hitherto PNU big shots.

With PROGRESSIVISM comes the mantra of equitable distribution of wealth. Kenya couldn't have asked for a sure cure to ethnic tension. It PDM you have tried and tested political hands teaming with both young and old.

The era of briefcase political parties is surely gone. Soon we Kenya will be an African case study with only two or three strong parties competing for power thanks to PDM.

And let you forget, PDM has REINVENTED our own brand of ANC where like-minded parties of all shapes and shades share the common ideology of PROGRESSIVISM politically, economically and socially.

In PDM we have arrived at the political nirvana and there is no turning back. The naysayers will be left at the dock as we sail deep into political doldrums.

Why start with a vowel if a consonant can do the job even better? Welcome to murky and Micky Mouse Kenyan politics.

The New Constitution is Void AB INITIO

Guest Post by Blogger Mwarang'ethe

INTRODUCTION

Kenyans have spent a fortune in search of a new constitutional dispensation. It is thus in order that we are now witnessing fretfulness and feverishness in expectation of change. However, we wish to warn Kenyans that all this expense shall be in vain. This must be so because, every new law must of necessity be injurious which is not adapted to that form of society which perfectly agreeable to nature and justice. Thus, any law that is drafted in ignorance of natural law principles, as this Draft Constitution has been, instead of being a staff of honesty and shield, must become a two – edged sword of craft and oppression.

In expressing this uncompromising and bitter truth, we are addressing the court of reason. However, at the same time, we are aware that there are few judges in this court. Furthermore, these already a few judges are too indolent to inquire diligently into the causes of present misery in Kenya. Nevertheless, we must address them because blessed are those who hunger and thirst for justice, for they shall be satisfied. More so, they are not only the salt of the earth, but, they are also the light which places the lamp of knowledge in the dark places.

SOLE OBJECTIVE OF LAW REFORMS

Let go straight to the point. The sole objectives of any law reform are twofold. It is to assure safety of our property and the security of persons. Consequently, all the political commotion we see is all about right to property, i.e. who shall own the wealth generated in the commonwealth. Thus, without addressing this matter conclusively, we are wasting time. Furthermore, to the extent that safety of our property is not assured in any constitutional dispensation, it must follow as the day follows the night that, even safety of our persons is not assured.

RIGHT TO PROPERTY AS BASIS OF SOCIETY

According to Locke while agreeing with Cicero taught us that:

“That the great and chief end of men’s uniting into commonwealths, and putting themselves under government is PRESERVATION of their property.”

Also, Mr Mills expressed the same opinion taught us that:

“The end be obtained through government as the means, is to make that distribution of the scanty materials of happiness, which would ensure the greatest sum of it to the members of the community, taken altogether, preventing every individual or combination of individuals from interfering with that distribution, or making any man to have less than his share.”

In simple words, what these wise men taught us is this. It is for reasons of preservation of property which existed before any government is formed, do men unite under a government. What this means is that, the right of property is the KEY – STONE of a society. Therefore, the right to property is the basis of the political edifice. What this means is this. To the extent that, right of property is a natural right, not created by legislation and therefore, a principle derived from the laws of the universe, all its results must be determined at all times by those laws. Consequently, the legislator ought to ascertain these laws before he legislates. This means that before he takes any step to protect right of property, he must find out by serious study what are the first principles of this right. Let us now demonstrate how this important step has been ignored.

RIGHT TO PROPERTY IN NATURAL & DIVINE LAW

Among the African, Red Indians, Maori of New Zealand, Aborigines of Australia, the traditions and customs of right to land/natural resources are these. Land is a gift from the Creator and therefore, a common property. This meant that, one could farm, graze his animals and hunt on the land freely. However, the fruits of one’s labour, i.e. his millet, his cows, goats etc and the dear he shot, were his private property. This was a remarkable distinction between common property and private property which a modern lawyer and a philosopher has no clue.

In the Bible, we find similar message. The Lord told Moses in Mount Sinai that:

“The land shall not be sold for ever: for the land is mine; for ye are strangers and sojourners with me.” (Leviticus 25:23) Also, in Psalms 24:1, the Lord says, “The earth is the Lord’s.” What this meant is simple. Israel’s were to hold land in fee from Him. Thus, the ground itself, then, was not a proper object of sale, but only the result of man’s labour on the ground. It is for this reason, the wise man Solomon taught us that: “Moreover the profit of the earth is for all: the King himself is served by the field.” The similarity between African, Indian, Maori and Aborigine people and Mosaic Law is striking.

In England during the era of Saxons and Normans, and up to the end of feudalism, land was held along these lines. All land belonged to the Crown who held it as a trustee or a steward. Those who held land directly from the King were called tenants in capite (tenants in chief). The land these tenants in chief occupied was called demesne land. The rest of the land which was called mesne was granted to others who held it indirectly from the Crown on similar conditions. These mesne tenants could also grant others land under similar conditions. However, the most important point is that, all these people, held land for rent in service or in money or in kind. As a result of these arrangements, the cost of the government was from land rent.

CORRUPTION OF RIGHT TO PROPERTY

However, with time, the tenants in chief refused to remit the rent to the Crown. However, they forgot to stop taking rent from their sub tenants. This was the start of an era where privilege started to be divorced from obligation whereby, land was being treated as unconditionally owned private property in fact, but, not in law.

This development had very grave consequences. One, the Crown was starved of funds to run the government. This required introduction of taxation of citizen’s labour. The imposition of tax on the poor who had already lost their land resulted in poverty and crime in England. To hide this problem, the English government introduced Poor Relief law and punitive punishment of using modern prisons and capital punishment. Today, they call the Poor Relief the so called Welfare, but, it is the same Poor Relief law which was enacted when many people lost their birthright to land. The other consequence was that, having retained land free of duty, i.e. rent for public purse, the few grew very wealthy. From this wealthy generated from rent which rightly belongs to the Crown, they started lending the Crown loans with interest. To pay these loans, the English government had to incur further public expenditure which increased taxation even further.

UNHOLY TRINITY OF MODERN STATE

It is this corrupt and inequitable system which developed in England, we cheerfully and ignorantly inherited. As a result, we now have an unholy trinity of TAXATION of incomes, POVERTY and WELFARE. Under this trinity, taxation causes poverty because it falls hardest on the poor. Poverty necessitates Poor Relief which is euphemistically now called welfare. The funding for welfare calls for more taxation which further increases poverty. This creates a vicious circle which is broken by borrowing.

However, since it is impossible to repay these loans and interests, the governments must sink into more debts to be met with more taxation. As we all know, this leads to serious inflation which again bites the poorest most. And, mark you, this borrowing is from those who hold land, but, do not remit rent that is due to the State although they continue to collect rent from the poor. This is one the worst defect of modern state and without its reform, poverty and conflict will be with us.

MODERN LAND LAW

In the modern English law on land, we find this. There are two basic doctrines in the law of real property. These are known as:

• (a) The doctrine of tenures: all land is held of the Crown, either directly or indirectly, on one or other of the various tenures, and

• (b) The doctrine of estates: a subject cannot own land, but can merely own an estate in it, authorizing him to hold it for some period of time.

What is crystal clear, but, not to a modern lawyer, is that, under the current land law in England which we have accepted is this, all those who call themselves land owners in Kenya, as a matter of law are not land owners. They only own an estate in that land. The question that we must ask is this. So, who owns the land in Kenya then? The answer is obvious. It is owned by all Kenyans as a common property. It is remarkable that, the modern English land law takes us back to where we started about African traditions law and customs of land. The question is, if those who call themselves land owners are tenants of all Kenyans, where is the rent due for holding this land? Or, what is the consideration for holding this land?

The answer is that, those who call themselves owners of land in Kenya have not been paying their dues to those who own land. This means that, the government we had since 1963 did not meet the requirement that the chief end and aim of a government is to preserve the existing property of those who form a government. This being the case, one the major aim of the current constitution reforms should have been about securing the birthright to land i.e. property, that a few robbers have dared rob for so long. The question is, has the Draft Constitution done this?

We answer with bitter disappointment that, it has not come even close to this. This is not surprising for lawyers who are like priests of the Middle Ages, blend technical competence with plain and fancy hocus-pocus to make themselves masters of their fellow men. Thus, they are only versed with technicalities of conveyancing which is a means of attaining reputation and wealth to understand what they are doing. Being what they are, they can only amend some of these technicalities and some trivial discrepancies of detail. They do this while blindly assuming to be correct that which reason teaches is an error. Thus, since they are experts in what is law and not what law ought to be, they can only recommend the continuation of an error while only pruning the most revolting consequences of the same.

To the extent this draft has not addressed the lost birthright to land, i.e. right to property; we are still stuck with the unholy trinity of taxation, poverty and welfare. The only way to end this vicious circle that bleeds ignorance and conflict is to require the King to live on his own as they expressed in England when land rent was collected to run the affairs of the government. It is in accordance with this doctrine, Sir John Fortescue (Lord Chief Justice 1442) expressed in clear and unambiguous terms that, it is only in case of overmuch exorbitant for suppression of rebellion, the defence of the realm to repel invasion was it thought right and necessary that people should be taxed.

To many Kenyans, the problem is the executive. To this we answer. This is mere delusion and fantasy borne out of confusion of thought fostered by brainwashing of modern education if one can call it education, the pulpit, the legislature and the media which are all under the control of the land lords. We say this because, political organisation very much depends on the mode in which property is distributed. Whenever the right to property is placed on the proper foundation, the oppression and its offspring’s, i.e. ignorance and poverty it with all their dreadful consequences are unknown. However, whenever the foundation of property is rotten as this draft proposes, freedom cannot exist and justice cannot be administered. This is so because history bears witness to the following facts:

The rules which regulate the manner in which land can be owned, and used, and disposed of, must always be the very greatest importance to the state. The STABILITY of the state and the WELLBEING of its citizens at all times depend, to no small extent, on its land law. This is true today as it was in the earlier period of history.

For heaven’s sake, if you have not secured the foremost natural right i.e. inalienable birth right to land, how dare you deceive humanity that you can secure those other so called human rights you call right to food, clothing, access to justice and shelter among others that you put so nicely in this constitution?

Therefore, concurring with Chief Justice Coke, we call upon all men of reason to join us, in saying that, when any man made law is against common right and reason, the common law will control it, and adjudge such law to be void. Therefore, as demonstrated in this short essay, this so called new constitution is in utter violation and in fact in contempt of both Natural and Divine Law. Thus, it cannot assure the safety of our property and our personal safety. For these reasons, it is void ab initio and the nation cannot claim not to have been forewarned. In God’s name, stop this robbery of the poor and weak.

Xenophobia and Mau Unites Karua and Ruto

They play in opposite sides of the political field occasionally throwing choicest epithets at each other. But on demanding humane treatment of victims of official harassment, Hons. Karua and Ruto play on the same team for the same goal: FAIRNESS.

While Ruto took the PM head on demanding HUMANE EVICTIONS from Mau forest, Karua is roasting Saitoti for allowing police to use excessive force in breaking last Friday's protest. True to the hen-egg adage, which came first: the floods/trees for Ruto or human rights/security for madam Martha?

Here are two presidential candidates walking the talk. And Karua should know when she barracks Saitoti for a failed intelligence gathering. Her fidelity to the law can only earn her more admirers if not more voters. She stands tall and tough when no man dares raise his neck as evident during the post-election storm.

As for Ruto, his focus and bare knuckles approach to matters he consider close to his political cause can only raise his standing. After defying Moi and succeeding against all odds, nobody knows better how to fell a political giant.

These two presidential candidates have introduced a breathe of fresh air to political competition based on ISSUES. Karua knows human rights must not be compromised at whatever cost. Even Al-Shabaab sympathizers have rights and what is more, they are Africans and Kenyans to boot. Eastleigh and Kenya would be much poorer without these enterprising lot.

Meanwhile Ruto's selfless fight for the downtrodden sets a new standard for true leadership. Nobody could have been far-sighted than an Agriculture Minister promising a nationwide tree planting instead of selective actions media tokenism witnessed in Mau last Friday. Ruto has reminded us that tree planting is like infant immunization that can be postponed till the right time.

It is no coincidence that events of last Friday provided the platform on which these two great politicians launched their constructive campaigns against xenophobia and government harassment of her citizens.

Kenya can only get better. Kudos to the principled iron lady Karua and the indomitable honest Ruto. You have both painfully planted and the bounty harvest from your common constituency constituting the harassed will not disappoint.

K-Whatever Alliance: Will it Survive the Coming Tsunami?

Why Matiba and Rubia Are Disgusted By Some MPs of the 10th Parliament

One thing I always admired in Kenneth Matiba was his slogan kuuga na gwika. Loosely translated from his native language, this means walking the talk. Matiba, then a throughly frustrated cabinet minister in late eighties courtesy of the then KANU Organising Secretary, quit the then ruling party KANU in a huff – something that was unheard of in those days of single party dictatorship. Matiba and Charles Rubia went on to create an alliance that campaigned for repeal of section 2a of the constitution, and this eventually led to their painful detention without trial. But ultimately, Moi, then strongly supported by some leaders still at the scene today, finally caved in to the pressure that these two gallant Kenyans started and allowed multi-party democracy in Kenya. In the earlier years, when most of the current chest thumping Rift Valley MPs were still enjoying free Nyayo milk at primary school, the late Jaramogi Oginga Odinga, the late George Moseti Anyona and many others had also tried to register their own political parties but they also ended up in detention courtesy of fimbo ya Nyayo.

Many other patriotic Kenyans have walked the talk or kuuga na gwika like Matiba would put it. This list cannot be complete without one Raila Odinga – who was incidentally also detained without trial for the umpteenth time - after he was joined by Matiba and Rubia to champion calls for multi-party democracy in the late eighties. Later on, Raila Odinga also quit the then leading opposition party FORD-K in 1997 to little known National Development and six months later run for president emerging 4th in an election that was rigged in favour of Moi and KANU. Kuuga na gwika!

The freedom of speech that many Kenyans now enjoy is owed to the efforts of these Kenyans who at one time or another put their lives on the line to fight the Moi autocracy.

The current pretenders to the throne masquerading as provincial representatives of Central, Rift Valley, Coast and Lower Eastern, pale in comparison when put on under the same microscope with the likes of Matiba, Anyona or Odinga. Charles Rubia must be exhausted at switching off TV channels and shaking his head in disgust whenever the press cameras go to a funeral in Rift Valley. The current crop of Rift Valley MPs are certainly no match for a lady who was elected as the first woman MP from Rift Valley and who was known as Chelagat Mutai. This lady was among those who dared to challenge the Kenyatta regime when the president’s word was law. We dearly miss this gallant daughter of Kenya! These current MPs have completely abused the freedom of speech that those of us who have walked the painful road of democratizing this country laboured for.

Today, although the politics of Kenya has evolved from what it was in the KANU era, it is still not apparent to the Panafric Hotel party goers that politics is now issue driven. Luckily, even a village peasant in rural Kenya knows this and this is why some of them are lining up to voluntarily return irregular MAU title deeds and also register the Mau secretariat. Some rookie MPs are refusing to accept this obviously acting at the behest of their status quo benefactors.

These MPs led an assembly at Panafric Hotel under the guise of raising funds as aid and humanitarian assistance to Mau Forest IDPs. But because many Kenyans do know that most of those who were at that so called future high table, including the convenor of the fund raiser, are themselves owners of huge tracts of illegally acquired land, some of which they have sold on to unsuspecting members of the public. In reality, the fundraiser was itself a total failure when looked at from a political angle. No wonder Moi is asking them to go back to KANU and take lessons on how to play premiership politics!

To add insult to injury, a quick follow-up of the of the Panafric fundraiser with successive public rallies in Lugari and Kwale to drum up support for the new K-whatever alliance ended disastrously when they were totally snubbed by the locals leaders and wananchi. Clonning the ODM Pentagon is no easy task especially if you omit the well known common denominator that brings the mwananchi to his rallies and his party.

Ironically during the same weekend, the Prime Minister was addressing a massive rally in Kibera's Kamukunji grounds in which he dared the land grabbers of yesteryears to quit the government if they were men enough. The prime minister was inferring to a situation where ministers unanimously adopt government policy today only to run back to funerals tomorrow to disown the same policies they helped create and adopt! Political observers also took note that the PM could be re-constituting yet another history making politburo when he declared that yet another tsunami is coming to wipe all the trash into the sea. Older Kumekucha bloggers know that in politics timing is everything and the time comes, it will be revealed here very promptly. Watch this space!

Despite all the disgust, the Rt Hon PM still found time to share a drink with us patriotic citizens at the popular Birongo Square (Nairobi West) after watching the Harambee Stars versus Zambia game. It was indeed a candid sitting in which we told the PM to keep up the efforts at reclaiming our valued water tower! Clearly the PM ridding on the back of huge public support judging by the pandemonium he caused at the busy shopping center.

The last one week has been a very humbling experience for the so called future leaders. The message they have received from churches, mosques, FM call-in programs, newspapers and other public forums is that they are now deemed to be promoters of impunity, betrayers of the Kenyan dream and a liability to the reform process that is already underway. In fact, the MAU land baron’s threats to introduce an ill-advised motion of no confidence against the prime minister has apparently suffered a painful still-birth after it received no support, even from the same crowd that gathered at Panafric. Suddenly, some Rift Valley MPs find themselves very lonely and very afraid. I think they will be totally shocked at what will happen to their already declared presidential candidate come 2012.

When the rest of country is brainstorming the all important Harmonised Darft Constitution, it is truly sad that some sections of society want to treat us to useless KANU era theatrics. It churns one’s stomach when we see that these are the same characters who are serving as Kenya’s VPs, DPMs, and Ministers.

Shindwe kabisa hiyo pepo mbaya.

The Curse and Fury of A+O+O, Pride in Poverty

Why do hitherto brilliant brains MUTATE into porridge once in government? Lord Acton must have been a genius with his time-tested adage that absolute power corrupts absolutely. A look into our cabinet would leave the late Rogue Ambassador Smith Hempstone turning in his grave for wasted efforts to protect pretenders for champions of good governance and democracy.

So it appears Obama's utter contempt for Kibaki's protest letter is to send an Assistant Minister to deal with Kenya. And our chief diplomat Wetangula has threatened to reciprocate the humiliation to President Kibaki. Maybe Renneberger will be declared persona non grata soon.

But Wetangula appears to know something we don't when he names Fidel Castro and Ahmednedijan's trip to UN despite their respective hostility America. His comparison leaves you wondering who is the Kenya's equivalent of the two and if he is a target of BAN.

It must have sounded intellectually stimulating and sense of pride for Weta to mention Nairobi, Geneva, New York and Vienna in the same sentence. We are sovereign and independent, so what? The US are doing what ordinary Kenyans would wish to do were it not for saffocating IMPUNITY. Any form of pressure to release us from the yoke of impunity is more than welcome. Well, apologists will rush to the next rooftop to shout neo-colonialism.

The US pressure for reforms has been reduced to the predictably PNU vs ODM tiff. The hitherto champions of good governance shifted the goalposts immediately they tasted power. As one PKW noted here in the previous post the political foot is now squarely stuck in the other foot. Flashback to 2000 and see Kibaki and the present brigade lambasting Moi on imperial presidency and now?

Edible sovereignty
The latest poverty index has shamed the national lie about phenomenal growth during the 2002-7 period. The increase in poorer Kenyans is once more living testimony of the resulting embarrassment of living a national lie. Anything premised on this vice is simply unsustainable.

Wetangula and Mutula's rush to see every criticism directed at the ruling class as an agenda to embarrass the president smacks of sycophancy of yore. Speak of hollow pride from a beggar who cannot feed himself while living in darkness.

Meanwhile the pressure is on and the lid may not hold it any more when Ocampo lands within our shores next week.

Equity: One Kilometre, One Man, One Vote

Here we go again. The magic word EQUITY is back on everybody's lips. Digging in for a fight, MPs are breathing fire to scuttle the yet-to-be born constitution. The war pits Central-MANIACS against Central-PHOBICS. All else is pretence at best and denial at worst.

Make no mistake, our problem is not exclusively due to the present bad constitution. The real problem is that we have and make laws with no intention to obey them. Impunity, another magic word rules supreme.

Looking at PNU and ODM MPs shouting their love for EXECUTIVE presidency and parliamentary governance respectively leaves you wondering what a bunch of AIRHEADS we have as leaders. The truth is that PNU thinks of presidency and Kibaki as synonymous while ODM entertains that fertile imagination that they will remain the majority party forever.

Nobody would have put EQUITY better than Muite. A country is not merely the sum total of its population. True, population is a factor among many others towards creating constituencies. But our mad rush-past-the-post spares us no room to think of tomorrow. All we have and fight to die for is here and now.

We have leaders whose loyalty to anything objective is as good as a dog to fidelity. Their selfish and never-ending petty wars makes Kenya be in a permanent state of tension and they don't care a hoot. What is more, they remain secure in the knowledge that many will buy their pettiness hook, line and sinker.

The word POSTERITY must mean nothing to these scoundrels. Instead of putting their heads together to mend a tattered country, they are busy shearing at every remaining thread. But not for long.

Kenya and Kenyans are far ahead of this lot and very soon they will be put where they belong. It only remains a matter of time.

The Day Kibaki Fired Police Boss, Rewarded Major Ali

By firing Major Ali, President Kibaki has called Kumekucha's April 1 post bluff. Well, it is not foolish to play the game and score five months later.

What a political genius President Kibaki is? With the musical chair rewarding Major Ali with Posta CEO job while pretending to have fired him as police boss, he has taken the wind off the sail of furore over Ringera's reappointment.

Give it to one Mzee Muthaura. The government was tottering in brink of collapse for the few weeks he was hospitalized. But thank God for his recovery. Now the heat is back and the octogenarian diplomat is destined to fix things in no time.

Where is the loudmouthed Prof. Alston? The UN activist wanted Ali, Wako and Ringera removed. Now with the typical Kenyan token gesture, Ali has been cleverly sacrificed to create an impression of action with no actual movement. He can eat his heart out. As for Kenyans, they can as well resign to being tenants to the real landlords. MTA DO?

All the noise about police reforms have been nipped in the bud. Kibaki's former security commandant Iteere is the new police boss. Under him are flower assistants charged with reforms, chapter closed.

Nobody understands Kenyans better than Kibaki. Aware of our short memory, he has fired and rewarded Major Ali. And with that singular stroke of genius Ringera is securely fenced from attacks as we gleefully jump to the next hot issue before us. OLE WETU.

Patent Pending

What is in a name?quite rightly William Samoei Ruto does not own the patent to the name his parents gave him. Yet this same name of his seems to be owned by a mischevious shady and shadowy copycat determined to embarass the hard working Eldoret North MP with close shaves of the uncomfortable kind that cast shadows not favorable politically.

This unpatented name has done enough pseudo harm to raise suspicious eyebrows on the real agriculture minister. From being mistaken as being the identity of the cabinet minister banned from the United States early this year through to suspicions about that name appearing on the infamous Waki envelope with a list of post election violence perpetrators and now that name allegedly being one of the those alloted Agricultural Development Corporation land. On all these counts however the authentic owner has always been consisten in clearing the air of any misconceptions that may have been surrounding the misuse of his person

All these coincedences may have prompted the minister to ask himself the question "do Kenyans really know who i am"? Kenyans will have to keep the answer to that question close to their chest just in case it will prove too costly to reveal in the near future. On the other hand what we are seeing might be the dawn of a new era in the political landscape involving real politik warfare using never before deployed tactics of literally cloning your political opponents and liberating the doppelganger to go undo any good the REAL person may have done. A good example would be at a public function for example one president could safely be tucked away at night sleeping in the confines of his bedroom while the doppelganger stands in his place to be sworn in at the ceremony

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.

Ruto’s U-turn: Mau Pressure Hits Critical Mass

Arap Ruto must have seen it coming. The mob ganging against him was growing bigger by the day and he was destined to go only one direction, down. But given his numerous somersaults this July he didn’t mind joining the choir ordering settlers of Mau out.

And the present Mau heat has engaged creative conspiracy theories from overtly political Kenyans. While some are now begrudgingly supporting Raila’s resolve to solve Mau no matter the political cost, other are gleefully crafting his political eulogy.

The Mau crisis provides a platform to prove true leadership. We can now compare and contrast doers and fence sitters who wake up from their slumberland only to fire a junior purchasing officer for cheap buy PR on expensive limos.

You have to give the devil his dues when Ntimama comes out unequivocally and declares that Mau must be conserved at whatever cost, political or otherwise.

Devil's dues
True Kenyan style we are comfortable playing politics with such grave issues that will only bequeath desert to our future generation. Expect more fireworks from the fractious cabinet tomorrow.

Shameless extortionists will continue demanding their last pound of political flesh. In the mix are marinated tribal alliances that leave all here waxing like original pundits.

The heat may intensify and acquirer a different colour when Jomo Junior arrives in town from the US. His press release was a tip of a massive iceberg. He knows his boss is a sitting duck without feathers and contradicting can as well be the default mode to advance moribund KK alliance. Na bado.

Mau and Hague Kicks Massive Political Storm

No surprises every Kenyan has all over a sudden turned into an opinionated environmentalist. That is typical Kenyan modus operandi of waxing knowledgeable and patriotic when expedient.

Granted, there is no doubt Mau destruction is more than a crisis. The encroachment never stated yesterday but the concern heightened when the effects hit us home and hard in our kitchens and bathrooms.

Poor Mau settlers are just pawns caught in the political cross hairs. Moi was not smart enough to buy elite political support by auctioning Kenya. Instead he settled for basic indivisible need of survival - peasantry.

Following Moi’s whistle, the vultures landed in Mau scavenging for every arable carcass. They curved choicest large pieces for themselves which they registered under phantom companies. In the meantime token parcels were dished out to the real settlers to create a resemblance of equity and honesty.

The ruinous Moi would have known better investment in lucrative business with the state and Arabs. Grabbing Grand Regency at least leaves water flowing in Nairobi taps. Now with the poisonous effects of past impunity hitting our taps, the pain if personal and all the fake environmentalists are all out of the woodwork foaming at the mouth.

Rotten head down
With our shameless penchant to live collective national lies, we conveniently fail to read the REAL POLITCS masked in the present Mau debate. Forget the Bondo fish lunch that only succeeded in expanding political egos in effort cool the Hague heat.

We respectfully flagged the free fall in 2007 and Kenya will never be the same again. The cabinet is dutifully pulling in opposite direction secure in the knowledge the edifice is rotten from the head down.

Ours is doublespeak immortalized. While on one hand people are waxing triumphant on new tribal alliances, Ruto cannot afford to exploit the MORALLESS and fractious government to advance his selfish political schemes. He is only doing exactly just like the others by fighting tooth and nail to retain his tribal lordship tag.

Nobody knows much about land in Kenya than the DPM Uhuru Kenyatta and he made it known all the way from US where he is on official duty. He couldn’t wait to strike it hot by reminding all and sundry about compensation. Speak of wolves drafting constitution to govern herd of goats.

And UK is in good company. The measured, peaceful and God-fearing VP joined the campaign calling for full compensation of settlers relocated from Mau Forest. Any politician will be left salivating at the Rift Valley vote basket no matter the price. Game 2012 is on.