mzalendo :: Eye On Kenyan Parliament

• Hansard Highlights Week of February 1 2011

  Posted: March 28, 2011, 12:51 am by admin

  
  
  

  This is a new regular feature where we will review past editions of the Hansard to highlight debates that are of particular national importance (and to show that we know that MPs do work from time to time).

  I. We all know that KACC has forwarded several cases to the AG’s office for prosecution. But exactly how many files were delivered to the AG and when does he plan to prosecute them?

  DETAILS OF CORRUPTION CASES FORWARDED TO ATTORNEY-GENERAL BY KACC

  Mr. Kombo: Mr. Speaker, Sir, I beg to ask the Attorney-General the following Question by Private Notice.

  (a) Could the Attorney-General provide details of corruption cases that the Kenya Anti-Corruption Commission (KACC) has investigated and forwarded to the Attorney- General for direction since the appointment of the current Director?

  (b) How many of these cases has the Attorney-General approved for prosecution, rejected and/or returned to the Commission and why?

  The Attorney-General (Mr. Wako): Mr. Speaker, Sir, I beg to reply. Since the appointment of the current Director of the KACC in July 2010, a total of 53 files were forwarded to the Attorney-General for direction.

  Mr. Kombo: Mr. Speaker, Sir, I had a chance to peruse through the documents and to my pleasant surprise— In the past there has been a ping pong game between the KACC and the Attorney-General. They have been accusing each other of not doing this and that.  However, it would appear that since Prof. Lumumba became the Director of KACC, he has been agreeing on many cases with the Attorney-General. So, with regard to the Report that we have, they have agreed almost 100 per cent.

  Mr. Njuguna: Mr. Speaker, Sir, emanating from the report given by the Attorney- General, you will note that about 53 cases were referred to his office for prosecution. Could he inform this House what deliberate steps he is taking to make sure that all these cases will be prosecuted even before his retirement this year?

  Mr. Wako: Mr. Speaker, Sir, I hope the Member is asking for a further extension before I retire, so that I can deal with all these cases. The fact of the matter is that one cannot prosecute all the cases by the time he retires.  I am the last Attorney-General who is also the prosecutor. Since 27th August, 2010, I am wearing two huts, namely, for the Attorney-General and the Director of Public Prosecutions. That is why I recently called for the appointment of the Director of Public Prosecutions, so that there is a proper appointment under the Constitution of an Attorney-General who will only be the principal legal advisor to the Government. I am sure that the Director of Public Prosecutions, who will be appointed, will continue the good work that the Chief Public Prosecutor, Tobiko Keriako, has done. I can inform this House that I was with the Committee of Experts and as soon as I realized that the Director of Public Prosecutions will become a constitutional office, we immediately began re-organizing that office.  It is now really organized just awaiting the appointment. I am sure we will continue with the prosecution of corruption cases with rigor and gusto.

  Mr. Kombo: Mr. Speaker, Sir, to successfully prosecute corruption cases is not an easy job. Part of the problem that we have had is that the KACC investigates while the office of the Attorney-General prosecutes. The people who have all the facts are at the KACC. Now that the Attorney-General is actually retiring, could he consider giving more powers to the Commission, so that it can prosecute? Prosecutorial powers should be given to the Commission because it is the one that investigates cases and is the only one that can best prosecute.

  Mr. Wako: Mr. Speaker, Sir, my opinion on this matter is that now that we are going to have a Director of Public Prosecutions, a constitutional office, devoted to nothing else but prosecutions, he should continue to prosecute corruption cases…it is too dangerous for one institution to be charged with investigative powers plus prosecutorial powers.  This applies more to these type of cases. Unless you have checks and balances between the investigator and the prosecutor, some people will be taken to court with very little evidence just because the investigator has the power to prosecute. If the powers are separate, the investigator will be focused on obtaining sufficient evidence to allow that other person to come to the same conclusion and prosecute.  So, in the interest of justice, I am still of the opinion that in corruption and serious criminal cases, the distinction between the investigator and the prosecutor should be there. What is important is that the two should work in tandem. While respecting their independent functions, they should work in unison.

  II. Now that the ‘shuttle diplomacy’ is seems to be crumbling before our eyes it’s a good time to assess exactly how much money has been spent on it and maybe time for proponents of it to cut their losses, or rather the tax payers losses?

  GOVERNMENT POSITION ON VICE-PRESIDENT’S “SHUTTLE DIPLOMACY”

  Dr. Khalwale: Mr. Speaker, Sir, I beg to ask the Minister for Foreign Affairs the following Question by Private Notice.

  (a) Could the Minister clarify whether the mission by the Vice-President to lobby African States to support Kenya’s bid to pull out of the International Criminal Court (ICC) reflects the official Government position on the issue?

  (b) How much money has the Government spent on the Vice-President’s “shuttle diplomacy” so far?

  The Assistant Minister for Foreign Affairs (Mr. Onyonka): Mr. Speaker, Sir, I beg to reply.I wish to inform this House that the mission that was undertaken by His Excellency the Vice-President and Minister for Home Affairs of “shuttle diplomacy” across the African Continent was not with an objective of lobbying the African countries to support the deferral of the International Criminal Court (ICC) intended prosecutions for one year.  The “shuttle diplomacy” was with a view of bringing the process of justice for the election crimes back home, so that the suspects can be tried locally since we believe that even the ICC Tribunal appreciates the fact that a local tribunal is better than taking our people to be tried in Europe.  The ICC Prosecutor, Mr. Luis Moreno Ocampo, on 17th December, 2010, named six suspects whom he was requesting the ICC to issue summons to secure their attendance at the court. However, the Kenyan Government is not a failed State.

  With the passage of our new Constitution, the Government felt that there was a necessary need for us to negotiate and have a moral position whereby the African Union, the Inter- Governmental Authority on Development (IGAD) and the East African Community would have to support our country to solve the problem of the post-election violence peacefully by providing justice and at the same time making sure that we have reconciliation in our country. The grant of a deferral would, therefore, allow for sufficient time to revamp the key judicial institutions and other Government infrastructure.

  Further, prosecution of post-election crimes at home would facilitate the trial of all post-election violence suspects, and not just those who are bearing the highest responsibility. Conducting those trials locally would send a very strong message both internally and externally, so that Kenya would no longer accept impunity.  So, even when the Vice-President and Minister for Home Affairs was doing the “shuttle diplomacy” within African, his agenda was not to demand that Kenya pulls out of the ICC. The agenda was to ask that the ICC allows us to look for a local mechanism, which would then make it possible for all the victims and all the perpetrators of the crime to face each other.

  The information I have from the Ministry of Foreign Affairs is that the amount of money that the Kenya Government spent for the “shuttle diplomacy” within the last two weeks is Kshs3,659,728. This amount does not include the small amount of money that the Vice-President and Minister for Home Affairs and the officers he carried along with him have spent from his Ministry. This is a budget which has been given to me by the Ministry of Foreign Affairs, which includes expenses incurred by officers from the Ministry of Foreign Affairs, who were with the Vice-President and Minister for Home Affairs.

  Mr. Olago: On a point of order, Mr. Speaker, Sir. Arising from hon. Khalwale’s point of order and the answer given by the Assistant Minister, it is clear that the answer to part “b” of the Question is not complete in the sense that it does not encompass the amount of money that the Government has spent. He seems to be concentrating on what his Ministry has spent.

  Mr. Onyonka: Mr. Speaker, Sir, unfortunately, the answer is “yes”, because we were unable to get the Accounting Officer in the Office of the Vice-President and Ministry of Home Affairs to give us the full amount. So, the figure I have given is what the Ministry of Foreign Affairs has spent.

  Dr. Khalwale: Mr. Speaker, Sir, given that the Assistant Minister has admitted that his answer is incomplete, could I request the Chair that we give him until Tuesday, so that we can get a comprehensive answer to this very important issue touching on accountability? The reason for raising this point of order is that if we are going to accept only the expenditure that was incurred by the Ministry of Foreign Affairs, the taxpayer will not know how much was spent from the Office of the Vice-President and Ministry of Home Affairs, how much was spent from the Office of the President and how much was spent from Parliament.The Vice-President and Minister for Home Affairs was having, in some of those trips of his, accompaniments of up to ten people. Those people did not come from the Office of the Vice-President and Ministry of Home Affairs, and the Office of the President, alone. Some of them come from Parliament. Therefore, the taxpayer would like to know about the expenses incurred by those other persons who accompanied him.

  III. The debate below highlights the need get the real statistics on how many extra judicial killings have taken place since the promulgation of the constitution?

  STATISTICS ON POLICE SHOOTINGS SINCE AUGUST 2010

  Ms. Karua asked the Minister of State for Provincial Administration and Internal Security:-

  (a) Whether he could state how many people have been shot dead by police in the country since 4th August, 2010, giving the names and places they were shot and the circumstances;

  (b) Whether he could also provide the identities of the officers involved and indicate the disciplinary action taken against them; and,

  (c) What measures he is taking to ensure that the trend is curbed.

  The Assistant Minister, Ministry of State for Provincial Administration and Internal Security (Mr. Ojode): Mr. Speaker, Sir, as you are aware, I answered this Question yesterday. But we agreed that the format should be changed to relate to what was asked by my friend, hon. Karua.

  Mr. Speaker, Sir, I beg to reply. Since August 2010, 18 people have been shot dead by police officers. The following are the victims and circumstances under which they were shot dead.

  Ms. Karua: On a point of order, Mr. Speaker, Sir. Have you noticed that the Assistant Minister has been answering his own question and not my Question? In part (a) of my Question, I have asked the Assistant Minister to tell us how many people have been shot dead by police officers in the country since 4th August, 2010, when we voted in the new Constitution…He has given me the names of the people who have been shot dead in circumstances that pointed to criminal intent on part of the police. So, he has modified my Question because he knows that police officers have shot dead more than 100 people since then. He has modified the Question, so that there can just be below 20 people.

  Mr. Ojode: Mr. Speaker, Sir, I have given a very good answer to the Question. I cannot give answers on which I cannot make any substantiation. Apparently, from August last year to date, my police officers have not killed as many as 100 suspects as is being alleged by the Questioner.

  Mr. Ojode: Mr. Speaker, Sir, indeed, the story is true. Those of us who have not experienced those kinds of carjacking and criminal activities are the people who are not supporting the services of the police. I would like to urge my colleagues: Let us not demoralize police officers. Let us all support the work of police officers.  The reason why I am saying that is because police officers are being bashed every now and then. The day you will be carjacked is when you will realize that police officers are doing a good job. But I will not hesitate to tell the police to do their work. I would like to request my colleagues that, as the police officers are doing their job, let us support them. Let us not demoralize them!

  The other thing is that we are undertaking reforms. Yes, we will get rid of trigger happy police officers to clean the Police Force. We want a Police Force to mind about the welfare of innocent Kenyans. Otherwise, my appeal is that let us support the police officers to do their work.

• NCIC Monitoring Social Media for Hate Speech

  Posted: March 26, 2011, 6:47 pm by admin

  
  
  

  By Mzalendo Contributor – Moreen Majiwa (@mmajiwa)

  On Thursday Dr. Mzalendo Kibunja, Head of the National Integration Cohesion
  Commission (NCIC), announced that one of the new areas of focus for the commissions
  work will be hate speech on the internet. The commission will begin monitoring social
  networks and commentaries on news networks for hate speech early as April.

  According to the National Integration Cohesion Commission Act of 2008 hate speech
  includes using threatening, abusive and insulting words, behavior, displays or written
  material, publishing or distributing such written material. Distributing, showing a play or
  recording of visual images or producing or directing a programme which is threatening
  abusive or insulting that intended to stir up ethnic hatred. The Act makes hate speech
  a criminal offense for which offenders can receive up to 3 years in prison a fine of not
  exceeding 1 million shillings or both.

  Dr. Kibunja stated: “Facebook, twitter and such networks will be our main focus and I can
  tell you most of the hate speech comes from Diaspora not internally.”

  Its hard to imagine how NCIC will go about cataloguing ever conceivable kind of hate
  speech, will the commission be cataloguing all kinds of hate speech or just hate speech
  that is political or ethnic tone, how will the commission avoid the appearance of being
  merely a political proceeding, and will the end result be internet regulation?

  Monitoring social networks and commentary is a monumental task given the millions
  of Kenyans at home and abroad that are on facebook, twitter, have blogs, and amount of
  commentary on news websites.

  No doubt a very good argument can be made for monitoring social media and news
  websites for hate speech given the current political climate. However it is also a rights
  mine-field when it comes to ensuring that freedom of expression, freedom of information,
  and the right to free speech are not infringed.   I wonder Commission plans to go about its
  monitoring?

• Deferral, referral, challenge to admissibility are we confused yet!?

  Posted: March 24, 2011, 1:17 pm by admin

  
  
  

  By Mzalendo Contributor – Moreen Majiwa (@mmajiwa)

  Yesterday the Attorney General Amos Wako plainly stated that the ‘shuttle diplomacy’
  had been a failure after a several permanent members of the United Nations Security
  Council (UNSC) said that the Kenya case did not meet the threshold for a UNSC
  resolution for a one-year deferral of the its ICC case against the six suspects.

  So what now? The government has appointed a Queen’s Council and Barrister-at-law to
  challenge the admissibility of the Kenya case at the International Criminal Court (side
  note: are there no qualified Kenyan lawyers that could challenge admissibility at the ICC,
  first the hiring of the foreign firm manage social media and now lawyers to defend the
  ICC case?).

  According to the Rome Statute a challenge to admissibility can be made under Article
  19 by either by an accused person for whom a warrant of arrest or a summons to appear
  has been issued under article 58, or by ‘a State which has jurisdiction over a case, on the
  grounds that it is investigating or prosecuting the case or has investigated or prosecuted’
  or by ‘a State from which acceptance of jurisdiction is required under article 12’.

  The third option is not open to Kenya since the country is a signatory to and has
  domesticated the Rome Statute. So the only grounds left on which the state/government
  can challenge admissibility of the case is on the grounds that it is investigating or
  prosecuting the case or has investigated or prosecuted the case. But this raises a few
  questions.

  Considering a considerable amount of tax-payers money has already been wasted on
  shuttle diplomacy and there has been no consultation with the people of Kenya as
  to whether they want to use even more of their tax shillings to hire foreign counsel to
  challenge admissibility – why can’t the six suspects for whom summons to appear has
  been issued challenge admissibility in their individual capacity under Article 19 (2)? Why
  should state resources be spent to challenge admissibility of case?

  Another issue with the challenge of admissibility is requirement for the government to
  show that it is investigating or prosecuting the case or has investigated or prosecuted.
  Notice the tense requires that the investigations or prosecutions be underway or already
  completed at the time when admissibility is being challenged. Now I may be wrong
  but to my knowledge there is currently there no evidence to indicate that the state is
  investigating or prosecuting any of the six suspects.

  So is this challenge to admissibility another exercise in futility considering that there is a
  slew of judicial reforms that needs to occur before the state/government can even begin to
  mount a processes that will be seen as credible and legitimate?

• Hansard Highlights – Who gets to “step aside”

  Posted: March 18, 2011, 11:23 am by admin

  
  
  

  This is a new regular feature where we will review past editions of the Hansard to highlight debates that are of particular national importance (and to show that we know that MPs do work from time to time).

  The debate below on the irregular award of the concession highlights an important issue – who gets to “step aside” when allegations of corruption have been made.

  
  

  Irregular Award of Concession to Rift Valley Railways (RVR) (week of January 16, 2011)
  

  Mr. Mbadi: asked the Minister of State for Public Service what disciplinary measures the Government has taken against the public officers mentioned in the 16th Report of the Public Investments Committee adopted by the House, for their involvement in the irregular concessioning of the train operations to Rift Valley Railways by the Kenya Railways Corporation.

  The Minister of State for Public Service (Mr. Otieno): Mr. Speaker, Sir, I beg to reply. The 16th Report of the Public Investments Committee recommended that the Director of the Kenya Anti Corruption Commission should carry out investigations to establish the roles played by the Chief Officers from the Treasury and the Ministry of Transport in awarding the concession to Sheltam Railways/Rift Valley Railways. The PIC Report did not recommend any disciplinary measures to be taken against the Chief Officers who participated in awarding the concession to the railway company. However, it did recommend further investigations on the process of concessioning. Consequently, no disciplinary action has been instituted against any of these officers.

  Mr. Mbadi: Mr. Speaker, Sir, Chapter 6 of the Constitution of Kenya is very clear on the requirements on the part of public officers with regards to integrity. Not long ago, the Minister for Foreign Affairs and the Permanent Secretary had to step aside before the Report of the House was debated. Early last year, we had a case where five permanent secretaries were asked to leave office because of pending investigations by the Kenya Anti-Corruption Commission. My question is: Why is the Executive applying double standards in terms of asking for accountability from its public officers?

  Mr. Otieno: Mr. Speaker, Sir, the Committee recommended investigations. There is no basis of taking any disciplinary action until we get the report of that investigation.

  Mr. Mbadi: On a point of order, Mr. Speaker, Sir. Is it in order for the Minister to evade my question? I was very clear. I said that in February last year, the Government asked five permanent secretaries to step aside because they were facing investigations by KACC. Here is a case where two Ministers, one Permanent Secretary and the Investments Secretary of the same Government are confronted by investigations by KACC. Why is it that they have not been asked to step aside to pave way for investigations? In fact, one of the Ministers is in charge of the Ministry of Transport at the moment, where investigations are supposed to take place.

  Mr. Otieno: Mr. Speaker, Sir, the Committee, in its wisdom, did not ask anybody to step aside when it asked KACC to proceed on this matter. In other cases, the Committee recommended stepping aside to facilitate investigations. It means that the Committee did not have adequate information. It was referring the matter to KACC to investigate. But it did not, in its wisdom, request any stepping aside to facilitate that investigation.

  Mr. Mbadi: Mr. Speaker, Sir, I want to find out from the Minister how investigations will take place in that Ministry and that State Corporation when the Minister in charge is among the people to be investigated?

  Mr. Otieno: Mr. Speaker, Sir, I think we all know that KACC is very competent and can investigate whether you are in office or not. At an appropriate timewhen there is need to step aside, they have procedures to follow.

  Mr. Mbadi: On a point of order, Mr. Speaker, Sir. Is it in order for the Minister to continue misleading the House, while he knows very well that the reason why Ministers and public officers are asked to step aside is – and in their own words when they step aside – it has become a tradition to say that they are leaving to give room for fair investigations? The main reason for stepping aside is to give room for fair investigation. It is not that a body is incompetent or not. Could he explain why, this time round, you are leaving those officers in office and yet, other officers in a similar situation were asked to step aside to give room for fair investigations?

  Mr. Otieno: Mr. Speaker, Sir, we make decisions on the basis of the content of the issues that arise. Where the content is of a type that stepping aside is the way forward, then that direction is taken. The other examples he is giving, there was content that warranted such steps forward. In this particular case, the Committee itself did not even see it fit to suggest that anybody should step aside. There was insufficient content in that Report and I have said that the Treasury has already addressed the Office of the Speaker on this particular matter; on the basis of the facts that were laid before the Committee, which need to be further reviewed and possibly the Committee will make a different decision after receiving all this feedback from the Treasury.

• Policy vs. Politics

  Posted: March 17, 2011, 8:57 am by admin

  
  
  

  By Mzalendo Contributor – Moreen Majiwa (@mmajiwa)

  To be honest I cannot remember who started the war of words but the clip of the Prime saying this has been replayed on the TV for near two weeks, suspended Higher Education Minister William Ruto and Deputy Prime Minister/Finance Minister Uhuru Kenyatta responded in kind with a verbal volley own. This week, yesterday in fact, Makadara MP Gideon Mbuvi challenged the Prime Minister to a popularity contest in Nairobi. It sounds ludicrous but its true, a popularity contest.

  Popularity contest aside, at one point the verbal exchange between the Deputy Prime Minister/Minister of Finance Uhuru Kenyatta, Suspended Higher Education Minister William Ruto and the Prime Minister Raila Odinga became so bad that the three drew censure from the National Cohesion and Integration Commission.

  Not only is the political jockeying divisive it is also distracting the public from questioning the substantive policies that have been brought to the table. It is also detracting from implementation of the constitution, establishment of constitutionally mandated bodies i.e. the new boundaries and electoral commission, the Supreme Court and its holding up judicial and police reform.

  In fact with regards to the setting up of the independent boundaries and electoral commission, and making election management laws to conduct the eight kinds of polls for central and county governments in 2012, Mutula Kilonzo the Minister for Justice and Constitutional Affairs stated:

  ‘At the current pace, it will be a very hard task to come up with all these institutions, set in motion the process of vetting and appointing and conduct nationwide civic education about how the new electoral institutions work before the next elections’

  The impact of the emphasis political posturing to the detriment of policy is not only felt at the national level but also at constituency level. From the Mzalendo Vox Pops it’s apparent that political posturing and partisan politics is not only detracting from the development at a national level but also at constituency level.

  Give us policy not politics, policies are what actually affect the lives of the average citizen. By focusing on policy we can ignore the hype, the negative spin and personality battles that are distracting us from the real issue which is what are our elected officials do to improve the lives of every day Kenyans.

• Mzalendo Vox Pop: Cyprian from Mwala Constituency

  Posted: March 14, 2011, 12:37 am by admin

  
  
  

  Mzalendo Vox Pop is a feature where we open up our blog to our readers to share their views on their constituency or on matters related to Parliament.

  About me: I am Cyprian from Mwala constituency.  I voted in 2007, one of the largest mistakes I made then by looking at the party the candidates belonged to instead of the individual.
  

  Your constituency : Mwala constituency is marred by all the problems that can be found in a few constituencies in Kenya.
  

  • Majority of the roads are in pathetic state. Most of the roads are filed with gravel. There is nearly no tarmacked road. Most of the bridges broke down some years ago, and have not been replaced.
    
  • There is no tap water.  In fact in my location there is no even a single bore-hole, and that applies to the majority of the locations in Mwala constituency. Most of the rivers, the source of water, are dry and people have to travel for long distances looking for unclean water!
  • Majority of the population in the constituency live below the poverty line. They can rarely afford a single meal a day. Majority rely on subsistence farming, which has been impaired by the long dry seasons. NGO’s and even the government are still distributing some food stuff in the constituency.  This has not been effective because it’s not sustainable.
  • The health facilities are also in pathetic state in addition to being few and far between. For example, from my home area, we have to walk for five kilometers to get to the nearest government dispensary! The health facilities are also poor equipped. The few personnel available are not even well qualified to provide professional health services.
  • The same applies to the education sector in the constituency. Most primary and secondary schools are understaffed, some preferring to employ untrained teachers. Additionally, most lack necessary facilities.
  • The constituency has a bursary fund which is unfairly distributed to those who have “connections”. In fact it never reaches to those who really deserve it.
  • The CDF funds were/are being misappropriated and even an audit and investigation is required from KACC. An example is some project (e.g. Kwa-Nguta in Makiliva sub-location, Mbiuni location, where piped water was supposed to be developed. The project is market completed successfully, and yet it was never started.  Where did the money allocated to that project go?
    

  In a nutshell, there is no development projects which have had a positive impact to the constituents since Kenya got independence, or probably in the history of Kenya.

  
  Your MP : Just like all the previous MPs in the constituency, Hon. Muoki has been a joke to the constituency.  The problems mentioned above paints clearly his progress, which definitely has been negative.  I would definitely not vote for him again in the next general election. At the moment I don’t have anyone in mind, but I would never elect a candidate based on his party, nor any of the older generation. We want a new “kid” from the block.
  Message to your MP: I wouldn’t want to meet him, but if I did, I’d tell him to honorably step down and call for a by-election. I hope my constituents have learned something regarding voting for MPs in our constituency, just like I have. Next time we should vote wisely.

• The Summons

  Posted: March 12, 2011, 2:43 pm by admin

  
  
  

  By Mzalendo Contributor – Moreen Majiwa
  On Tuesday this week the Pre-trial Chamber of the International Criminal Court issued
  summons ‘to appear’ for the six persons deemed most responsible for the post election
  violence of 2007/2008.

  The summons were issued in two separate cases the first against Francis Muthaura
  (Cabinet Secretary), Uhuru Kenyatta (Deputy Prime Minister/Minister of Finance), and
  General Hussien Ali (Post Master General).  The Chamber found reasonable grounds to
  believe that Francis Muthaura and Uhuru Kenyatta could be criminally responsible as
  indirect co-perpetrators (committed crimes through other persons Article 25 (3) (a) of the
  Rome Statute) for crimes against humanity specifically murder, forcible transfer, rape,
  persecution and other inhumane acts.   They found the no reasonable grounds to believe
  that General Ali was an indirect co-perpetrator, but found that he could be responsible for
  contributing to crimes under Article 25 (d) of the Rome Statute (i.e. that he contributed to
  the commission or the attempted commission of crimes by a group of persons acting with
  a common purpose).

  In the case second case which is against Henry Kosegy (Industrialisation Minister),
  William Ruto (Suspended Minister of Higher Education) and Joshua Arap Sang the
  Chamber found reasonable grounds to believe that William Ruto and Henry Kosegy
  could be criminally responsible as indirect co-perpetrators in accordance with Article 25
  (3) of the Rome Statute for crimes against humanity i.e. murder, persecution and forcible
  transfer. The chamber found that though Joshua Arap Sang contributed to the crimes in
  accordance with Article 25(3) (d) but that there were no reasonable grounds to believe
  that was a co-perpetrator.

  The two decisions are both 24 to 25 pages long with plenty of ‘legalese’ but definitely
  worth the read.  There’s a shocking quality to seeing the reasoning process that led up to
  the issuing of the summons against the six named suspects starkly outlined in black and
  white.

  All the six suspects are now required to appear before the Pre-trial Chamber on April 7
  for an initial appearance. This step is likely to be followed by a confirmation of charges
  hearing, after which the court will decide whether or not the suspects should stand trial.

  At this stage it is essential to remember that issuance of summons is not declaration
  of guilt but rather finding that on the evidence provided by the Prosecutor there is
  reasonable grounds to believe that one or more crimes presented in the Prosecutor’s
  cases were committed, and further that there are reasonable grounds to believe that those
  named could criminally responsible for the crimes.

  Amidst the issuance of summons the standoff between ‘the government’ (the government
  in quotes because the government is not unified on this issue) and the ICC continues. The
  shuttle diplomacy seems to be going ahead unabated by dissent by certain members
  of government, Kenyan citizens and the United States’ reiteration that it will not be
  supporting the government’s deferral bid to the United Nations Security Council.

  Following the Vice President’s visit to the United States, the Deputy Secretary of State
  this week declared that the USA ‘does not support a UN Security Council resolution
  to defer Kenya’s ICC cases.’   However not to be out done the government will now
  challenge the admissibility of the two cases in the ICC, but that’s a different blog.

• Women and Top Political Office

  Posted: March 10, 2011, 4:02 am by admin

  
  
  

  By Mzalendo Contributor (@mmajiwa)

  If the results of the Infotrak survey published in yesterday’s papers is anything to go by

  the next election will be a good one for women candidates. According to the poll 60 percent of those surveyed would vote for a woman candidate.   Women’s performance in public office gets a 62 percent approval rating at parliamentary
  level, 29 percent at ministerial level and 24 percent in the civil service. Only 21 percent
  would not vote for a woman president.

  Of course there are those that will dispute the results of the survey and say that the data
  is unreliable as the results of any survey are skewed depending on the demographics
  of those interviewed. However, despite the arguments against the survey results the fact remains that the
  attitude change reflected by the survey results is certainly welcome and long overdue.

  With regards to gender distribution in our government looks something like this – out of
  222 parliamentarians only 21 are women, out of 42 ministers only 7 are women, out of 52
  Assistant Ministers only 6 are women. Women make up only 7 out of the 44 permanent
  secretaries and none of the 8 provincial commissioners are women. The percentage of
  women filling top posts in public office is still mostly in single digits, dismal. This needs
  to change.

  The good thing about the change in attitude regarding principles of gender equity and
  equality in public office is that these principles are enshrined in and protected by the
  constitution, hopefully constitutional protection will save us from the empty rhetoric on
  gender equality.

  With regards to political seats Article 27 (8) obligates the government to take legislative
  and policy measures to implement the principle that not more than two-thirds of the
  members of elective or appointive bodies shall be of the same gender. While Article 81
  requires that the electoral system comply with the same principle. Article 91 requires
  political parties respect and promote gender equality and equity. Article 197 (1) requires
  that not more than two-thirds of the members of any county assembly or county executive
  committee shall be of the same gender. The principle is also reflected at county level
  where Article 197 (1) requires that not more than two-thirds of the members of any
  county assembly or county executive committee shall be of the same gender.

  If the constitution is adhered to with regards to principles gender equity in elective and
  appointed positions the face of government should never look the same at least as regards
  gender distribution.

• Mzalendo Vox Pop: Anon from Ndia Constituency

  Posted: March 8, 2011, 7:41 pm by admin

  
  
  Mzalendo Vox Pop is a feature where we open up our blog to our readers to share their views on their constituency or on matters related to Parliament.
  Background: I am a resident of Ndia Constituency in the County of Kirinyaga, born and bred in this constituency, I have lived here for all my lifetime and privileged to work at home and therefore understand the dynamics in the constituency well.  The real picture of the constituency isn’t the one always painted by the media and in particular Royal Media Services (RMS) in their quest to campaign for the current member of parliament and Minister for Nairobi Metropolitan, Njeru Githae.   My friends usually tell me that I am lucky to come from Ndia constituency, they think of it as a Silicon valley of sort, however, this isn’t the reality, there are so many challenges facing this constituency. Challenges in the constituency: One of the biggest challenge is that of illiteracy, in-terms of lack of knowledge as far as voting for the right leaders is concerned. This has led to continual voting of people who do not care and mind about the people who put them to power in the first place and therefore engaging in pure political forgetting the masses year in, year out. For example, the current MP usually remembers the electorates a few months to elections, he comes with gifts in form of firewood, maize and wheat flour to woo the uneducated and illiterate to sing and dance to his tune. Another challenge is that of incompetent leaders who manage the CDF and constituency bursary kitties.  The current MP has filled the management committees with his cronies who are doing nothing but milk the kitties.  For example, during the financial year 2009-2010, apparently needy students in colleges and universities were awarded bursaries, however, the money never reached the schools in which the students studied in. This is due to the ineptness and potency posed by the managing committees. What would you like to change: While our constituency is endowed with rivers and we are lucky to have Sagana river pass in our constituency, we still over-rely on rain fed agriculture.  In the last season the rains have not been that reliable, therefore this will lead to many of the constituents who rely on farming to meet their daily needs go hungry, ironic that there are rivers which when the waters are harnessed for agricultural use by the hardworking people around the constituency can bear good fruits. Would you vote for your MP again?: With all that on my mind I wouldn’t give my MP a second chance, if anything I would start the process of recalling him from parliament if the clause worked right away. Who are the MPs potential challengers?: There is a competent lady known as Dr. Marion Mutugi a JKUAT don who if given a chance can take the constituency to the heights it desires to be in as far as agriculture is concerned. She has tried a lot to encourage farmers to plant alternative crops to maize and beans, she has gone a step ahead to introduce organic farming in the constituency.  Another individual who poses a threat to the MP’s ambition of another term is Maina Kiranga a lawyer by profession who currently works with USAID. He has been instrumental in funding the youth groups and encouraging them to leave immoral behavior so that they can earn a living from their own hard work. What would you tell your MP if you met them?: If the MP wants my vote, one way of redeeming his fall is by reconstituting the CDF  committees…some that are made up of people who never saw the door of a classroom.  In addition, he has neglected the constituency and left it in the hands of his mouthpiece – one Muriithi Kang’ara who dictates on what happens when. Mark you, the mouthpiece is a class 2 drop-out as word goes around the constituency.  This has rendered the MP inaccessible to the masses who elected him since for one of his constituent to see him he has to vetted by the mouthpiece and given an appointment on whether or not to see their MP. He needs to move out of the shadow of this guy. Also, there is something else that the MP needs to come out in the open and either deny or accept whether it’s true or false, in the past week or so, the provincial administration here was involved in the exercise of collecting signatures in support for a withdrawal of Kenya from the ICC process. In addition, there is talk that the signatures collected would be used to as a basis to force the prime-minister out of office. This leaves me with questions on the conduct of the MP, being a lawyer why does he want to support impunity and let the planners and organizers of chaos walk free without any punishment? Is this what he stands for being a lawyer? Impunity? Under whose directions and instructions were the provincial administration acting on? Is it a government project that we don’t know of. There are so many things that he should address, he should also stop acting all grandiose and beyond reproach, he should remember that his was a contested win and he has become so unpopular now!

• Election Petitions and the Establishment of the Independent Electoral and Boundaries Commission

  Posted: March 3, 2011, 1:36 am by admin

  
  
  

  By Mzalendo Contributor  – Moreen Majiwa (@mmajiwa)

  Since 2007 there have been unprecedented number of election petitions.
  Kenneth Marende, the Speaker of the National Assembly recently declared the
  Kamkunji parliamentary seat vacant after the High Court allowed an electoral
  petition filed by Ibrahim Ahmed disputing the results of the 2007 election in
  which Simon Mbugua was declared the winner. The Speaker is also expected to
  declare the Ikolomani parliamentary seat vacant following an election petition in
  which the High Court nullified the results of the 2007 election.

  A fair number of MPs have lost their parliamentary seat in the wake of election
  petitions filed after the 2007 elections: Bonny Khalwale (Ikolomani) Omingo
  Magara (South Mugirango), Joel Onyancha (Bomachoge), John Ngata Kariuki
  (Kirinyaga Central), George Thuo (Juja), Dick Waithaka (Makadara), Abdirahman
  Hassan (Wajir South), Simon Mbugua (Kamkunji), Ali Chirau Makwere (Matuga)
  and Margaret Wanjiru (Starehe).

  The flaws in the last election can be attributed in a large part to the inefficiency
  and lack of the independence of the now defunct Election Commission of Kenya.
  The sheer number of election petitions and MPs who have lost their seats to
  such petitions points to a flaw in our electoral system, and/or the country’s
  election oversight body.

  In two weeks the Bill to creating the Independent Electoral and Boundaries
  Commission (IEBC) will be tabled before parliament. The Chairperson of
  Parliament’s Justice and Legal Affairs Committee, Ababu Namwamba, yesterday
  stated that he expects to table the Electoral Act Bill on 17th March 2011, and the
  body to be established 14 days after the law is enacted.

  The IEBC is one of the 11 eleven commissions that parliament is mandated to
  create under the new constitution. The IEBC will be responsible for overseeing
  the election of the President, the National Parliament and county assemblies
  and governors. It will also be responsible for demarcating constituency and ward
  boundaries, for tackling problems with party nominations e.g. failure by parties to
  follow their procedures, vote buying, and the replacement of winners by others
  and the violence these practices cause.

  The IEBC has a few things that favor its ability to properly carry out its mandate
  and foster its independence. Unlike the ECK, IEBC commissioners will not be
  chosen by the President alone and should have a degree of independence as
  the constitution requires that IEBC commissioners are not closely connected to
  a political party. Further that no one who has stood for election to Parliament or
  held office in a party in the past five years can be appointed to the IEBC.

  Lets hope the Electoral Act Bill maintains these provisions and gives the IEBC
  the independence and the teeth that it will need to do its job properly.

• Mzalendo Vox Pop: Robert from Ainamoi Constituency

  Posted: March 3, 2011, 10:04 am by admin

  
  
  

  Mzalendo Vox Pop is a feature where we open up our blog to our readers to share their views on their constituency or on matters related to Parliament.

  
  Background:  I am Robert  from Ainamoi Constituency,  my MP is Benjamin Langat.
  

  I never voted in 2007 because I have never believed in politics or lets say politicians from my constituency are not elected genuinely or do not perform and never live up to their pledges and promises.

  Your constituency:  I come from one of the richest constituencies,  which boasts of tea production and tea estates which pulls up the economy of the county.  Our main problem is under-development, especially in social amenities; hospitals (deplorable state), schools(few, lacking facilities to upgrade the level of education),unemployment (the biggest threat since opportunities are obscured by the employers or even residents lack access to proper education which is more work-oriented).

  Challenges facing my constituency: Few professionals in the constituency or even if there are, no platform to transfer skills or knowledge since the leaders within the constituency prefer one who is associated/related with/to them.

  Positive developments in my constituency: The community is aware of the habits of politicians so they are conscious of themselves are more are now focused on their own development (self-employment).  Also investors are now keen to create employment with presence of three supermarkets, more banks coming up, an Ardhi house almost being completed, Saccos present.
  There are now forums to create awareness of opportunities which are beneficial to the community,creating platforms for investors to boost wealth of the constituency.  Leaders have to market their plans, ideas and have a competitive process to elect, not the ones whom we are being imposed on every election year by so-called ‘Elders’.

  Your MP:  My MP-Benjamin Langat – I might forgive him since he was elected after his late brother’s (David Too) untimely death ,  BUT so far we haven’t seen any developments which will make us defend or bring him back. On a scale of 1-10, he gets a 4 from me.  He’s hardly in the constituency, the CDF kitty is run by his cronies who ensure they serve the interest of his people.  He has a habit of controlling appointments of boards of schools which explains the poor performance of schools from the constituency.

  Potential candidates for the next election are few:

  • Gideon Koros is a performer both publicly and privately, he owns businesses which have flourished and he’s focused, sober, smart, religious, and concerned with the going-ons in the community.  He was a contender in the last elections but lost since he was a new-comer and he defeat conceded defeat and vowed to fight another day.
  • Chepkwony aka Timbilwet is another potential depending on which seat he’s after. He gave the late David Too a great fight for the seat but lost due to irregularities and alleged bribery.  He is a don of Kabianga Campus,an academician and veteran in the politics of the constituency.

  
  Message to your MP:   First, I will ask him to give me his score-card – the pledges he made and what he has achieved since 2007. Second, what has he done with/ for the youth and women of the constituency? Third, I would ask whether he has ever made any decisions by himself or he belongs to the sheep-mentality of following what other leaders are saying from the area without consulting the constituents?

• Full Ngilu (Ministry of Water Report)

  Posted: March 1, 2011, 12:22 am by admin

  
  
  

  The allegations of corruption against Minister of Water, Charity Ngilu, have been pouring in since late last year when her former Assistant Minister, Kiunjuri, presented a dossier with corruption allegations to KACC  In addition to the pending allegations currently under investigation by KACC and parliament, just last week, her Ministry was accused of embezzling Kshs 57 million belonging to the Kazi kwa Vijana program.   And the Minister appears to have been behind efforts to force out the Nairobi Water MD because he refused to endorse dodgy procurement contracts.

  Although she has been offered several opportunities to defend herself in parliament and before KACC, she has so far ignored them.  Instead she has chosen to argue that the allegations are the work of several individuals who are out to “fix her.”

  Conspiracy theories aside, the mounting evidence is damning.

  We have been able to obtain a full copy of the infamous Kiunjuri report and are sharing it here in the public interest and because it’s yet another example of just how brazen our politicians are about pilfering taxpayers’ money.

  Full report is available here (PDF, 1.4MB)

  Some highlights:

  • Inflated prices of goods – sandpaper bought at Kshs 220 instead of Kshs 10
  • Cost-overruns on dam construction without requisite work to justify
  • Conflict of interest with companies getting tenders for dam construction

  We are doing our part to keep our eye on our politicians, and so should you!

  Email cases of corruption in your constituency (or good performance) to info-at-mzalendo-dot-com

  A key component of citizenship is making sure we engage and do more than just complain – let our MPs know that we are watching.

Blah blah blah

Fish cakes

Alas a fish cake.

Yet more fish cakes

Guess what ... yeah ... fish cakes.

The end of the fish cakes