Category: Opinion

  • What It Means For Martha Karua To Throw Her Weight Behind Uhuru Kenyatta Presidency

    What It Means For Martha Karua To Throw Her Weight Behind Uhuru Kenyatta Presidency

     
    By Nicholas Olambo
    Martha Karua announced her quest to go for the Kirinyanyaga gubernatorial seat Thursday while addressing the delegates of the flower party (Narc Kenya) at Kianyaga Catholic Church in Kirinyaga. It’s at the same event that Ms. Karua endorsed President Uhuru Kenyatta for a second term.

    Karua ‘sudden’ support is not surprising, former challengers of President Uhuru Kenyatta from his tribe have all shuttered their presidential dreams to remain ‘politically correct’ in their backyards and within their tribal cocoons. Less than a month ago the former presidential aspirant from the region, Peter Kenneth did a similar thing.

    PK abandoned his ambitions to vie the presidency in the coming elections to support Uhuru in a political realignment that would see him become his tribes point man in the post-Uhuru era. Both PK and MK and have sliced their dreams to gubernatorial aspirations in 2017. PK is now salivating for Nairobi’s top job.

    Martha Karua said the flower party will not be fielding a presidential candidate in the coming polls and will instead support President Uhuru’s re-election because that is the desire of the electorate of Kirinyaga. MK has been a staunch critic of President Uhuru’s administration that has been characterized by mega scandals, one after the other.

    Her choice to support the person whose government she has criticized the most is not anything but desperate kicks of a dying horse, a perfect example of many politicians who lead from behind. Karua who has been working closely with the opposition, Coalition for Reforms and Democracy (Cord) but has been missing in public eye for the past two months was categorical that she is not part of the opposition’s Supper Alliance that is still in the making.
    She claimed that anyone associating her with the would be Supper Alliance can only be on a witch hunting mission; she is not part of that outfit.

    Karua’s stunt is not any different from other politicians from her community who have worked with the Opposition Chief Raila Odinga in the past, some have used him to successfully launch their political career like Margret Wanjiru while people like Karua used the opposition to desperately stay relevant and fold to their tribal groupings at the eleventh hour.
    One would argue that it is Karua’s democratic right to support whoever she wants but does the desperate move add any value to the politics of a one-time iron lady whose star went dim soon after resigning from the grand coalition government as the Justice Minister? Hell no, Karua’s mid-day dream of clinching Kirinyaga’s top seat outside Jubilee will not come true even on another planet.

    Also aspiring for the position on Jubilee Party is the corruption-stained former devolution CS, Ann Waiguru. It will be an uphill task for Karua to beat either the incumbent or deep-pocketed Waiguru who quit her ministerial job due to public pressure for her involvement in the infamous Shs 1.6 billion NYS scandal. Politics is the best place that looters of public funds buy their way to and Waiguru’s ‘NYS fortune’ may put the last nail on Karua’s political coffin.

    So what next after Karua is beaten in the Kirinyaga gubernatorial race?, will her desperate move earn her a cabinet secretary job in case Uhuru wins his re-election, or her ‘shell’ will find a place on the walls of political museums to gather dust?

  • Birds Of A Feather? What’s At Stake For DP William Ruto As He Stands By His Crook PA Farouk Kibet On NYS Fraud

    Birds Of A Feather? What’s At Stake For DP William Ruto As He Stands By His Crook PA Farouk Kibet On NYS Fraud

    By Nicholas Olambo
    The verbal war on corruption is taking different twists with the president having nothing more to do. Horrifying testimonies have been witnessed from key suspects of NYS scandal who have been grilled by the Public Accounts Committee (PAC) chaired by Rarieda MP, Nicholas Gumbo. Businessman Ben Gethi, Josephine Kabura, and former devolution CS Ann Waiguru have appeared before the PAC.

    Waiguru in her defense has adversely mentioned the DP William Ruto’s aide Farouk Kibet and sycophant Senator Kipchumba Murkomen as the beneficiaries of the infamous Shs 791 million that saw her leave office last year.

    Attempts to unearth the truth on the scandal now seem dwindling and dividing Jubilee right in the middle, one group allied to President Uhuru Kenyatta and the other to DP William Ruto. Waiguru, a President Kenyatta ally has implicated individuals allied to DP Ruto, mostly Farouk Kibet.

    In Farouk’s defense, Ruto is now in exchange of bitter words with former CS, Ann Waiguru. In his Salvo, he told off Waiguru to take responsibility for the stolen millions as she presided over the scandal. Who would have imagined that the government that has no option left to fight corruption would put the nation through desperate and childish blame games and cheap politics?

    It’s amazing how the boss became his aide’s spokesman; Farouk should be in a position to defend himself or do the same through his lawyer but not through his boss William Ruto. The war on corruption was long lost when politics took center stage; the likes of Ann Waiguru, Ben Gethi, Josephine Kabura and former PS Mangiti belong to jail, space had been created for their likes if am not wrong.

    In defending Kibet the DP appears to be suffering from ‘our man is being targeted syndrome,’ one thing that has over the time derailed fights against corruption. He is insulating Kibet from facing investigations through his full public defense at the same time the administration in which he is a senior official is not throwing the ‘responsible’ Waiguru to jail.

    Corruption stained Farouk is known DP’s spanner boy who carries bundles of money to their numerous fundraisers. Investigations have realized that FK made 150 calls to another NYS scandal key suspect Ben Gethi, who liaised with the devolution ministry official to steal the money through phony companies.

    The nation has witnessed enough tough and loud talks in public rallies that don’t end corruption but any action on the culprits. The fight will only become real when the necessary and stern measures are taken on all those who mentioned from the big fish like Farouk Kibet to small clerks who mostly face the wrath of the law.

  • The Mystery Cat; Corruption Nothing But Economic Terrorism And Why Kenyans Need To Have Faith In Jubilee Government

    The Mystery Cat; Corruption Nothing But Economic Terrorism And Why Kenyans Need To Have Faith In Jubilee Government



    “Macavity’s a Mystery Cat: he’s called the Hidden Paw,
    For he’s the master criminal who can defy the Law,
    He’s the bafflement of Scotland Yard, the Flying Squad’s despair:
    For when they reach the scene of crime—Macavity’s not there!”

    This is the opening verse of Macavity the Mystery Cat, a poem by T.S Elliot published in 1939, which is among a collection of his poems discussing the psychology of a cat. The poem is best remembered when it was recited by the former British high commissioner to Kenya, Sir Edward Clay, at journalists award dinner in February 2005.

    A fable is told of the machine that was invented in Japan for arresting thieves. The machine was taken to various countries to curb the problem of theft. It is claimed that in Japan itself, it arrested 40 criminals, In France, it arrested 80 and in Tanzania, it nabbed 30 thieves. When the machine came to Kenya, the machine was stolen!

    Another allegory is told of a meeting in Tanzania presided over by the founding president Mwalimu Julius Nyerere. In front of the room, there were two sacks; one with maize, and the other with money.
    Nyerere; “If you ask a Tanzanian to choose one sack amongst the two, which one will he choose?”
    Everyone (In unison); “The one with the maize!!”
    Nyerere; “ And if you ask a Kenyan to choose a sack, which one would he choose?”
    Everyone; “The one with the money!!”

    The reaction of Tanzanians would have appeared obvious until Nyerere retorted;
    “Wrong!!. If you ask a Kenyan to choose, he will take both!!”

    These two stories though intended for comic relief depicts the scorn with which Kenyans are viewed.
    In a recent interview on a local TV, renowned Kenyan Advocate Ahmednassir Abdullahi was heard saying that Kenyans were no longer engaging in corruption, they were now looting!

    Sir Edward Clay while addressing Journalists at the dinner said;
    “Corruption of one kind and another is so commonplace that the media can only afford to focus on the most flagrant cases. Recent events and almost daily news stories reveal new and emerging scams involving most forms of corruption: Abuse of office, conflict of interest, patronage, favoritism, clientism, grand and petty corruption, and, above all, questionable procurements.”

    A guy is known as Idil Abshir in an Op-Ed in the New York times on 24/08/2016 wrote;
    ‘’Corruption is nothing new in Kenya, but it has reached unprecedented levels recently, with scandals dogging the current administration almost constantly since it took office in 2013. In Transparency International’s 2015 Corruption Perception Index, Kenya was listed as one of the world’s most corrupt countries, ranking 139out of 168.

    It seems that every time we feel we’ve reached a new low, the government surpasses even our own lowest expectations. The scandals range from the insidious, wherein millions of dollars have been stolen or remain unaccounted for, to the downright ridiculous, as when a government ministry justified misappropriating thousands of dollars by claiming it procured ballpoint pens for $85 apiece. President Uhuru Kenyatta has said his government has a zero-tolerance policy on corruption, but given the lack of convictions, many Kenyans have come to regard those statements as lip service.’’

    The truth is, Corruption is bad. Corruption leads to massive hemorrhage of the economy of a country. It leads to the unfair and illegal distribution of capital and wealth, and most of all points, deprivation and dispossession of the poor masses at the bottom of the pyramid.
    Simply put, corruption is evil, and if it goes unchecked, could cripple the entire substructure of a nation. As lawyer Ahmednassir suggested, corruption should be referred as looting. In my view, Corruption is nothing less than economic terrorism!

    Nonetheless, this menace is not unique to Kenya. It is a worldwide phenomenon, but Africa appears to be particularly hit hard. Various countries around the continent have been plagued by various monumental scandals.

    From the alleged Gupta and Nkandla scandals in South Africa, the Oil and copper fiascos in Zambia, the Tegeta escrow debacle in Tanzania, the Goldenberg, Anglo-leasing and NYS loot in Kenya, the Trafigura menace in Ivory Coast to the Halliburton disaster of Nigeria in 2010, all point to a continent that is struggling with to contain these economic crimes.
    These illustrations also point to the complex and trans-continental nature of corruption. The recent “Panama papers” only slightly reveal how complex and sophisticated the situation is.
    But there are some lingering questions; that refuse to faze out;

    Is the war on corruption lost? Can this ferocious, unforgiving, vindictive beast of corruption be slayed, and by who?
    The gravity of the fight could only be appreciated in 3D during the recently held State House Summit on Governance and accountability in October 2016, at State house grounds.

    To be fair to the Jubilee government, (and kindly ignore my last name), this was a bold attempt by the President to confront corruption head on. It was a clear and open demonstration that the Jubilee government led by Uhuru Kenyatta, was willing to introspect and find solutions to this menace.

    I was surprised to learn that even the fiercest critics of government on corruption were invited to meet the President in person; and say it all, in a no-holds-barred setup. It was however even more surprising that Mr. Githongo and David Ndii, who have a history of radical, intrusive and highly opinionated views on governance, never showed up at the summit…Pourquoi Messier? (That’s a story for another day)
    The truth of the matter is that the President brought the corruption discussion to his doorstep, and attempted to invite everyone who mattered. What was clear is that Uhuru Kenyatta and William Ruto expected to hear the true and candid views and assessments from ordinary citizens.

    When the President stood to speak at the meeting, one could feel his profound and the deep urge get useful suggestions from the Kenyans. Uhuru Kenyatta even challenged historians to tell Kenyans of any other regime in the history of Kenya; that had been more forthright in fighting corruption, than his government

    During the open summit, the President took the initiative to parade his entire anti-corruption battalion to the nation. These were; Harakhe waqo of EACC, Tobiko the DPP, Muhoro the DCI, Githu the AG, Kimani of ARA, Boinett of NPS and Ouko the Auditor General.
    The robust debate which ensued at the summit, especially on why progress on fighting corruption was slow, all but demonstrated the lack of instant coffee solutions in tackling corruption.

    The battles against economic terrorism continue. ‘’Win some loose some’’ is the name of the game, but surely and verily the war will eventually triumph. We shall overcome!

    The battles of corruption are vicious and protracted, especially in the context of a developed democracy like ours. This is an asymmetrical battle, pitting an accused who has amassed an amazonic war chest, against an accuser (Government) who is financially weakened after years of being looted by the accused. The accused has vast resources at his disposal, against a broke accuser.

    Kenyans must, however, continue having faith in the Jubilee government. None other but the highest of the high office in the land has renewed its commitment and zeal in confronting corruption. The Statehouse summit on governance and accountability demonstrates this in black and white.

    As Barrack Obama once aptly put it
    “We know the battle ahead will be long, but always remember that no matter what obstacles stand in our way, nothing can stand in the way of the power of millions of voices calling for change.”
    Aluta continua…
    Writer: Anthony Mwangi
    @trueMwangi

    This article expresses the author’s opinion only. The views and opinions expressed here do not necessarily represent those of Kenya Insights or its Editors. We welcome opinion and views on topical issues. Email: [email protected]

  • Not Yet Angry; Kenya’s Anger on Corruption Purely Cosmetic

    Not Yet Angry; Kenya’s Anger on Corruption Purely Cosmetic

     

    In the last one week now going to the second, Kenyans social zones have been overtaken by corruption talks following an expose on the ministry of health unearthing a 5B scandal that has left the country’s jaws nearly hitting the grounds. Kenyans from all walks have for once unanimously castigated and condemned the government for rampant corruption cases that have themed the Jubilee administration.

    Things got worse when it emerged that the President’s kin was part of the fleecing group only days after he admitted sterility on dealing with education during the anti-corruption summit held in Statehouse.

    Just to give you a glimpse of scandals that have clouded the Jubilee administration since coming into power, here’s a brief compilation;

    1. KSh. 53 billion Laptop tendering rejected by court, where about of money already allocated by Parliament unknown

    2. KSh314.2 billion Standard Guage Tendering(shrouded inflated Chinese single sourcing)

    3. KSh475billion Irregular Lamu Coal project award(a company that did not even submit a proposal at the RFP stage)

    4. Ksh10billion GDC tendering scandal

    5. K Sh55.6 billion JKIA New Terminal irregular tendering through KAA

    6. GDC 60Billion failed oil drill well

    7. Chicken-gate IEBC scandal kshs 50M

    8. Weston Hotel primary school land grab

    9. Lamu irregular land allocations revealed by postal Shabaab terror attack investigations

    10. KSh. 8billion Karen Land saga involving 40mps

    11. Ksh38Billion medical import irregular leasing

    12. Parliamentary Accounts Committee

    13. Mara Narok 4.5Billion KAPS Revenue collection scandal (Ruto)

    14. 15Billion CCTV Single sourced to Safaricom

    15. 1.3Billion irregular drug haul ship explosion

    16. 22 Dead Sheiks in Mombasa killed extrajudicially by Kenyan security forces (ref AlJazeera)

    17. Kshs 100million hustlers jet

    18. Uhuru Anglo leasing kshs 3Billion payout reward

    19. The forced digital migration and secret PANG10% local shareholding muscling into projected$550M revenue in advertising next year

    20. Goodyear convicted in the USA for 1.5 Billion and 135Million bribes to senior government officials.

    21. Close to 1bn NYS scandal.

    22. 140bn Ukutaberg scandal on Kenya-Somaliaborder

    23. The Eurobond saga.

    24. And now the 5bn Health sector scandal.

    The list could go on and on as it keeps updating by the minute. There’s a feigned anger filled environment in the country currently with a ghost voice that Jubilee has fleeced the country. President Moi, a ruthless ruler who stole billions from Kenyans, had the audacity to call out the current regime for rampant looting. I mean you know shit got real when a thief call out fellow thief due being too much.

    Kenya is a few months away from going to general elections, a question in many people’s minds is, will they vote differently? Will the different factors at stake like corruption withinJubilee influence the voting pattern and choice? The simple answer is no.

    It’s only a matter of time before the feigned anger is forgotten, Kenyans are disadvantaged with a warthog memory, and by January latest when campaign caravans hit the ground it will be business as usual and everyone back to worshiping tribal demigods. This is a fact that the public fund looters know.

    They’re working to steal enough to come and influence the voters. The greatest enemies of progress in any country are the middle class who’re okay with their space in life. They’re highly tribal, and that’s why they’ll vote back the same perceived devils only to start crying again for coming years.

    A friend from overseas keeps telling me the amount of corruption and incompetent leadership in kKenya is enough to spark a revolution and i rubbish her off coz we’re not angry yet, everything we’re hearing is choreographed nothing real, when we will genuinely get angry and not contented deep down that it’s mtu wetu stealing then perhaps we will have a revolution as one in Brazil against corruption but until tribal bondage is broken, things will remain the same. Politicians can sit easy; they’ll have their slaves back to their corner shortly.

  • Why Kenyans Are More Republicans than Democrats

    Why Kenyans Are More Republicans than Democrats

    The US elections are two weeks away, poised to be held on Tuesday 8th November 2016. This is an election that has been preceded with tremendous razzmatazz not seen in the past.

    There are two major parties in the US. The Grand Old Party (GOP) aka Republicans has a worldview of American conservatism while the Democrats advocate for modern liberalism. Donald Trump and Hillary Clinton, the contenders of both parties, have held three electrifying national debates across the country, in Hosfra University, Hempstead New York, Washington University St Louis, and University of Nevada, Las Vegas

    First, I must indicate that majority of Kenyans regard themselves more of Democrats than Republicans. This could be due to various reasons, but probably most noticeable is because of Barrack Obama the first black president of the US, with Kenyan roots, was a Democrat.

    One would, therefore, expect that the ideologies fronted by Democrats would resonate well with Kenyans and Africans in a larger context. But on close observation and scrutiny of the presidential debates, one cannot escape noticing some ideological positions which in my view make Kenyans more Republicans than Democrats, contrary to popular belief.

    The following five sticking issues buttress my argument;

    1. Pro-life versus Roe v Wade

    During the 3rd debate at UNLV, Donald Trump said that he was against any form of abortion, and would, in fact, select Pro-Life Justices in the Supreme Court, a decision that would have a fundamental impact on future pronouncements on abortion.
    Hillary Clinton suggested that she would be guided by the January 1973 US Supreme Court matter of Roe V. Wade. The Court essentially gave the right to a woman to procure an abortion at any stage of her pregnancy. This would be as late as two or three days before birth.

    Article 26(4) of the Kenyan constitution on Right to Life states;

    Abortion is not permitted unless, in the opinion of a trained health professional, there is the need for emergency treatment or the life or health of the mother is in danger, or if permitted by any other written law. This position is buttressed by the Penal Code Laws of Kenya, articles 158-160, 228 and 240
    It is evident from the above characterisation that Kenyan laws do not entertain termination of pregnancy in whatever form, shape or shade.

    2. Immigration crises and home grown terrorism

    The issue of illegal immigrants is emotive; everyone knows how bungled immigration policies have screwed up the domestic security situation. We all have suffered at the hands of terrorists either directly or indirectly. Every Kenyan yearns for a permanent solution to the immigration crisis.

    Donald Trump has been unambiguous about illegal immigrants, suggesting that they must be profiled and deported from the US homeland. Hillary has largely been vague, appearing to indicate that she would initiate a kind of a vetting process, with an aim to ultimately assimilate them into the American society.

    Kenya has previously found itself in similar circumstances. Frustrated by a ballooning population of immigrants of Somali origin, and increasing incidences of terrorist attacks, the Kenya government in April 2014 began profiling immigrants in Eastleigh, Nairobi and sending them in droves to Dadaab refugee camp. In May 2016, the government again announced plans to summarily close the said Dadaab refugee complex, and expel over 300,000 refugees to Somalia.

    3. The Mexican wall

    The US-Mexican border is 3100 kilometers long. It traverses all sorts of terrain from empty, dusty desert to the lush and rugged surroundings of the Rio Grande. Some 1100 kilometers of the border is covered by non-continuous series of fences, concrete slabs, and other structures.

    Both candidates agree that the border is porous and has been a source of much crap, including drugs and illegal immigrants.

    Trump has suggested that he would build an “impenetrable, physical, tall, sturdy, beautiful, southern border wall” between the US and Mexico’’ Mr. Trump says his wall will cover 1500 kilometers and natural obstacles will take care of the rest. Hillary’s solution has largely been unclear
    Trump’s idea appears to be a Xerox copy of Kenya’s idea of dealing with illegal immigrants from Somalia. In April 2016, Kenya’s interior CS announced plans to construct a 700 kilometers wall, along with the Kenya-Somali border.

    4. The 2nd Amendment (Gun Laws)

    The Second Amendment (Amendment II) to the United States Constitution was adopted on December 15, 1791, as part of the first ten amendments contained in the Bill of Rights. It protects the right of the people to keep and bear arms stating “A well-regulated Militia, being necessary to the security of a Free State, the right of the people to keep and bear Arms, shall not be infringed.”

    The Recent escalation in gun related crimes in the US has pointed to need to review of the 2nd amendment. Pundits have alluded to the need for regulating or restricting possession and use of automatic rifles and high capacity magazines. These suggestions have faced virulent opposition from civil society movements, led by the National Rifles Association (NRA)

    Trump has been advocating a strict adherence to the 2nd amendment as contained in the US Constitution, and a daily reading and application of the law. Hillary has been wavering, appearing to suggest that the gun laws can be applied in context, in the face of (legitimate) security threats. This has been interpreted to be a backdoor amendment to the constitution
    Many constitutional lawyers and civil society activists in Kenya would similarly virulently oppose any reading or interpretation of the constitution that do not agree with its ‘‘spirit and letter’’.

    5. Gay rights

    Donald Trump has spent his campaign against the various protections provided for LGBTQ people in the United States. He has vowed to appoint judges to the Supreme Court to turn back the legalization of same-sex marriage and supporting state-sanctioned discrimination against transgender people
    On her part, Hillary on www.hillaryclinton.com is fragrantly described as career gay sympathizer, saying ‘’Hillary has been a vocal advocate for LGBT rights throughout her career.’’

    LGBT rights are a divisive moral issue in Kenya. The LGBT community has found solace in article 36 on the ‘’ Freedom of Association’’ in the Constitution which states interalia ‘’ Every person has the right to freedom of association, which includes the right to form, join or participate in the activities of an organization of any kind.’’

    Whether ‘’marriage’’ can be categorized as an ‘’association’’, or whether the drafters of the constitution, in drafting the clause, sought to protect gay unions, is an entirely different subject.
    THE FACT is Kenya like many other African countries, is opposed to any form of same-sex marriage whatsoever.

    So how are we Democratsts?

    Anthony Mwangi

  • Nothing Wrong In Peter Kenneth Endorsing President Uhuru’s Reelection

    Nothing Wrong In Peter Kenneth Endorsing President Uhuru’s Reelection

    Politics is like a jungle and survival is for the fittest. You’re either another animal’s target, or you’re targeting. In the previous elections, PK opted to go for the presidency even if he knew well he stood zero chances winning but used it for political positioning. From the looks, his Mount Kenya decision makers better referred to as the Mafias have baptized him to become next in line after Uhuru’s exit in the 2022 elections. Therefore, PK has to not only realign himself but give up bigger ambitions, and that’s what he’s done by dropping presidential ambitions for 2017 elections and crowning his villagemate Uhuru for the presidential bid.

    Peter Kenneth’s declaration has drawn fierce criticism, especially from the opposition side that he’s a hypocrite and tribal by joining forces with Jubilee a government they seen filtered with corruption and inequalities. His over the political fence position that saw him bid for the presidency on his party depicted him as an independent and liberal away from traditional politics. By decamping, to Jubilee many now have assumed him as a sellout.

    But again I think we’re a bit selfish as a nation; everyone has freedom and liberty to join any political party who’s ideas they find to be matching with their conscience, it’s therefore not right to castigate PK for making a political allegiance to Jubilee. If anything it’s a rare chance that we get to see his hidden side, look at the Jubilee policies and see the actual face of PK. Freedom to association and expression should not be limited and must be respected equally.

    It’s only right to respect in true democracy spirit that I believe Kenya stands in to let Kenneth be. Already many speculations are running back and forth as to what his next will be. Analysts suspects he’ll vie for Governorship on Jubilee ticket either in Nairobi or Murang’a where he come from. Many of his supporters are praying he goes for Nairobi to save the City from unstoppable and childish Sonko on Jubilee ticket. However, the matrix gets more complicated with insiders telling Kenya Insights that he’s already negotiated to take over Murang’a.

    While a lot remains indefinite, one absolute fact is PK will be a key factor in the 2022 elections where he’ll either be planted to block Ruto out, or he becomes his Running mate for power passage to PK in 2032 as planned. The uncertainty has already sent genuine concerns to the Kalenjin community who’re banking on the Mountain’s backup for Ruto’s presidency after Uhuru exit. Both parties read malice on each other moves. Troubled marriage with a small string of trust holding them together.

  • Law Suit Against Boniface Mwangi By DP Ruto To Give Kenyans A Rare Chance To Hear His Defense in Jacob Juma’s Death

    Law Suit Against Boniface Mwangi By DP Ruto To Give Kenyans A Rare Chance To Hear His Defense in Jacob Juma’s Death

     

    Deputy President has sued Activist Mwangi over statements he made about him that were defamatory to him. In a 36-page rebuttal statement, the affidavit by Mwangi seems damaging to the DP’s already damaged reputation especially on the angles of corruption, extrajudicial killings and disappearances amongst other serious allegations raised that the DP will have to defend himself against.

    Mwangi has put up a relatively stronger defense team with lawyer Gitobu Imanyara leading. During the weekend, Olez one of the lawyers in Mwangi’s team had his house raided by unknown persons. While speculations have it that it was an intimidating step, the matter is still being investigated to determine the cause.

    If there’s anything I like about the suit is that it will give Kenyans a rare glimpse as DP will be forced to talk even after evading the trap on Jacob Juma’s murder. The slain businessman regularly mentioned Ruto as his obsessed killer. Despite adversely saying his name and a possible person of interest, the DP is yet to be questioned or present himself to the police to record a statement on the same. Now he will have to do it in the courts.

    Similarly, Ruto’s longtime friend, Cyrus Jirongo during the burial of Juma gave a revelation of how the DP strangled to death a young man on their way from a function. DP threatened to sue Jirongo over the utterances and weeks have turned into months with no suit against Jirongo. In his defense, Mwangi seeks Ruto to defend himself against Jirongo’s claim. Once again, he’ll have to defend himself against the cold murder claims as per Jirongo.

    Mwangi is baiting for the court to declare Ruto unfit for public office given numerous corruption amongst a long list of ethical breaches. It’s already looking damaging for DP but knowing the man, he’ll fight to the last blood drop. He’ll have to defend himself from Mwangi’s claims that he evaded ICC trap by massive witness interference which lady to many witnesses disappearing, mysteriously killed and recanting their
    Statements.

    Read rest of the affidavit below;

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  • No Mr President, You’re Not Helpless

    No Mr President, You’re Not Helpless

    By Nicholas Olambo
    A frustrated President Uhuru Kenyatta lashed out at anti graft agencies at governance, anti-corruption and accountability summit held at state house, Tuesday 18th. He sought to defend himself saying that he has done everything within his powers to strengthen the fight against corruption, including increasing the budgetary allocations to relevant agencies like the ever toothless EACC (Ethics and Anti-Corruption Commission) and firing ministers linked to corruption allegations.

    The president claimed that his fight to end corruption has to some extent cost him politically, he also blamed the Auditor General of writing numerous reports about misuse of public funds without naming individuals who are solely responsible for the misappropriation.

    The judiciary also got a good share of the blame for over six hundred pending cases of corruption which they turn to blame on the analogue system. The opposition too did not miss their share; they are blamed for using corruption to seek political mileage when it should be approached as a national disaster.

    The string of blames signifies nothing but a lost war. Judiciary complains of receiving weak cases to jail any suspect when it’s already known that the thread of judicial philosophy of Kenya is pro rich. The rights of the accused work best with for the rich in this country. Machakos Governor Dr. Alfred Mutua, for instance, was accused of flaunting procurement laws but got a lifeline through another court to resist arrest.

    The string of blames signifies nothing but a lost war. Judiciary complains of receiving weak cases to jail any suspect when it’s already known that the thread of judicial philosophy of Kenya is pro rich. The rights of the accused work best with for the rich in this country. Machakos Governor Dr. Alfred Mutua, for instance, was accused of flaunting procurement laws but got a lifeline through another court to resist arrest.

    Nairobi governor Dr Evans Kidero also got an injunction stopping investigators from snooping into his bank accounts when he was facing the shs 200 million bribe he allegedly paid Supreme Court judge, Phillip Tunoi. Judiciary is rotten, and heads will not roll when only ‘small people’ are charged within months and thrown behind bars and corruption chiefs walk free and run for political offices, gubernatorial and presidential.

    The useless EACC sits only in Nairobi in a building with ownership problems. Corruption is now devolved and rampant in the counties where wheelbarrows are bought at over hundred thousand shillings, and a mere gate costs seven million shillings. Its distinguished list of shame did nothing to curb the vice; its 175 suspects are all free and seeking their ways to elective positions. No one has been found guilty and thrown in jail.

    Now as the blame game continues, the reality of corruption rests with ordinary Kenyans starving, left with medical facilities without medicines, free education funds are looted and public schools are under staffed. This is because criminal minorities impoverish the majority of Kenyans and the response is to blame games and frustrations, a clear sign that the cartels are winning.

    The buck must stop somewhere for the underperforming agencies, DPP’s who can’t prosecute even a fly, a judiciary that only receives weak cases of corruption and EACC that has turned out to be a cleaning house for the rich and powerful. The president has the power to change heads or fix these agencies through the parliament where he has the support of the majority wing.

  • Probing Sonko Over Treasonous Remarks Nothing But Just A Waste Of Time and Resources

    Probing Sonko Over Treasonous Remarks Nothing But Just A Waste Of Time and Resources

    Keen eyes must by now have noticed that Sonko thrives in showbiz as opposed to substance. The legislator has nothing serious in his tenure that can be written home other than teenage moves that he keeps pulling to put him in the headlines.

    Sonko knows well without the dramas that he consistently draws and the cosmetic philanthropy he broadcasts; he would be irrelevant. As an attention seeker and one who knows the relevance of being on people’s mouths regardless of the issue at hand, Sonko will continue to make the most of the bizarre moves just to keep him afloat.

    The latest incident in which he declared himself acting president at a funeral wasn’t so shocking I mean what can’t Sonko do when it comes to acting stupid, childish and all, no one can beat him at his expertise. Like a shark in water, Sonko thrives well in imbecilic grounds.

    The utterance he made somehow put him in trouble, well not concern really, so the DPP instructed CID to investigate and send the report for prosecution. He was grilled then left. Addressed media and denied everything, typical of every politician. Now everything I playing as wished with the media giving Sonko free coverage with headlines and all. He baits the media, and since the press is obsessed with sensational news, Sonko is such a rich source for useless news items.

    Knowing his kids, the President has laughed off Sonko remarks urging people to ignore funeral talks which most of the times made by individuals intoxicated with the most lethal drugs in the market. He’s saying don’t take Sonko seriously; he’s a joker. Pride comes before fall, even though Sonko’s fall is still far from its edge, it sure will one day.

    We all know there’s nothing that will happen to Sonko in this case, so the probing is just a mere waste of time and public resources. Sometimes it’s only advisable to let the madman walk around naked than rushing with clothes to wrap him; he won’t accept your offer.

  • Joe Kadenge Collapsing From Hunger Says More Than Meets The Eye

    Joe Kadenge Collapsing From Hunger Says More Than Meets The Eye

    Retired soccer legend was rushed to hospital after he collapsed Wednesday while watching a football match at Toyoyo, Nairobi. Medical personnel who rushed him to the hospital said he was not breathing well amid complaints of hunger. The legend famed for ‘Kadenge na mpira’ phrase had been ailing a few weeks but got better and was discharged.

    The story of the kind of life the legend is living has been told a million times, but it lands on deaf years of the government. Kenya is known for caring less about its sports legends when girlfriends and family members of sports officials are given free rides and accommodations to Olympics.

    The manner in which sports are treated in this country is so biased that some benefit at the expense of others. Soccer is the biggest sport in the world, but it’s not treated with the same respect in Kenya despite the country having produced some of the best players in the region.

    We are not strangers to the number of times Harambee Stars players have complained of unpaid allowances or have been on the go slow for the same reason. This has affected the performance of the national to the extent of toppling them from being a top team in Eastern Africa.

    The Kenya that would hold soccer greats like Nigeria, Cameroon in the mid-nineties is no more due to poor leadership and lack of government support. The majority of Kenyan soccer players are from Western and Nyanza; the regions have no proper stadia or any good soccer facility to write home. Scouting of new talents is mostly done in Nairobi locking out many upcoming soccer stars in those parts of the world.

    Not just Joe Kadenge, the entire soccer fraternity is not treated like athletics. Over 90% of the runners are from Rift Valley, that’s where scouting is done though neighboring regions like Kisii has produced good long distance runners too, Western has the potential to produce short distance runners, but the focus remains only in North Rift.

    The region (Eldoret) boasts of the good sports facilities, 64 Stadium received a good face lift, in fact; Olympic trials were held there. Athletics legends have been appointed to the administration of the sport they once excelled in. The 1972 Olympic legend Kipchoge Keino who is now tainted by corruption is the chairman of Nock (National Olympic Committee of Kenya).

    Kadenge is ignored and left to languish in abject poverty but God forbid the day the worst will happen, the government will rush to take care of the funeral expenses, politicians will cling on any desperate reason and tell stories to identify with the family. They will not mean any good but that will only provide a better platform for politics and opportunity to woo the community’s vote.

    It’s a shame that the most celebrated soccer legend in Kenya collapsed due to hunger, he is a hustling taxi driver who recently could not afford kshs 95,000 for the eye operation and had to depend on good wishers to step on the bill.

  • Expert Analysis: Money and Politics In Kenya, Why Grand Thieves Are Worshiped

    Expert Analysis: Money and Politics In Kenya, Why Grand Thieves Are Worshiped

    In diverse societies, people tend to appreciate different practices, which are pleasurable to those who assume positions in various public offices and that is irrespective of the activities having a retrogressive impact towards the society in general. Also, owing to the political affiliation with a concentration of unreasonable emotional aggrandizement, not to mention the strong abilities of the people to disregard social and economic development then it has become easier to cement poverty everywhere irrespective of one’s political affiliation.

    There is the need to save Kenyans from themselves and their leaders who have no principles and live like climbing plants. It is so, because of the unique characteristics of Kenyans, which include their abilities to blatantly disregard facts, laud those who unashamedly offend the law, bow down to those who utilize their ethnicity to substantiate the ‘national objectives,’ just to mention a few.

    It is noteworthy that there are many models of assistance that the citizens can pick from; for instance, the old known channels such as the executive and the legislature. However, they too need someone to save them from themselves, as they are the drive to the hardships that Kenyans are capsulated in; however, before casting stones, it is prudent to determine if it is right to officiate such an act.

    The early debates developing from the critical observations of great philosophers such as Thomas Hobbes and Jean-Jacques Rousseau, whereby the former alludes that humans are born wicked and need to be shaped by the society while the latter asserts that people are born innocent and corrupted by the society, can be useful to understanding Kenyans.

    Also, it is of the essence to appreciate before a child is born, there are high possibilities of the foetus to be affected by external factors such as music, the mother’s stress, etc.; therefore, that shakes the observations made by the philosophers.
    Out of the three factors mentioned above, it is clear that what appears as influential is the impact of the society on the foetus or the born child. In Kenya, apart from other influential factors such as religion, it is evident that ethnicity takes precedent.

    Ethnicity is the beauty and ugliness of Kenyans. Also, the Constitution of Kenya approaches it in a bipolar mode; thus, it appreciates the different ethnic cohorts but warns against discrimination on the line of ethnicity. Therefore, it is undisputable that ethnicity is a vital element in nation-building or destroying. For instance, Dr. David Ndii wrote about “Kenya is a cruel marriage, it’s time we talk divorce” the article is an excellent piece that reflected the words of the philosophers mentioned above, inclusive of John Locke. The doctrine of Social Contract, which in Kenya is best provided for under Article 1 of the Constitution of Kenya.

    In as much as the approach developed by Dr. David Ndii is viable, it is not necessarily advisable to run for it as it can be the last option just like the nuclear codes that the President of United States of America has everywhere the president visits. For instance, if nuclear families tend to differentiate, then it is impossible to assert that a particular ethnic group will lead itself without having problems of underdevelopment and discriminations based on family trees or clans.

    It is time for the people of Kenya to be rewired by the few sober minds that tend to be disregarded by the corrupt minds in the society. It is time to appreciate the value of the money in the hands of the peasant more than that in the hands of the “leaders.” For instance, if a troubled leader offers a peasant Kshs. 200 to beat up another peasant and on the other hand, the peasant who is the target offers Kshs. 200 to the person who intends to attack him or her so as not to be beaten, there are high possibilities that the peasant swayed by the leader will still beat up the other peasant. But who has the real value of the money?

    If the citizens of Kenya will value their differences and realise their immediate needs as individuals and citizens as a whole, and that unlike pre-colonial period where people thrived on ambushing each other and having unquestionable beliefs to the then clan or community leaders, then there is hope for tomorrow.

    As of now, the people of Kenya live like tribal soldiers who are on the battlefield, not to mention the Game Code of Conduct does not guide them, therefore, they are equal to robots that have malfunctioned after pressing non-tolerance button towards other ethnic groups and those that dissent to their ethnic “political goals”.

    Author: Ombo Duncan Malumbe
    Education: Kenya School of Law (2016 – ’17)
    Mount Kenya University, School of Law

    Disclaimer: This article expresses the author’s opinion only. The views and opinions expressed here do not necessarily represent those of www.ke-insights-staging.hbgtjqf6-liquidwebsites.com or its Editors. We welcome opinion and views on topical issues. Email:[email protected]

  • Possible Implications On Burundi Pulling Out Of ICC And Lessons From Kenya

    Possible Implications On Burundi Pulling Out Of ICC And Lessons From Kenya

    By Nicholas Olambo
    The government of Burundi has said the country is pulling out of the International Criminal Court (ICC) and ‘they’ are ready to face the impacts of withdrawing. The cabinet announcement came six months after the court’s Chief Prosecutor, Fatou Bensouda, indicated she would investigate the unending violence.

    Political turmoil erupted in Burundi in April 2015 when President Pierre Nkurunzinza indicated his bid for a third term. The violence has seen hundreds killed with thousands fleeing to seek refuge in neighboring countries like Rwanda. President Paul Kagame (Rwanda) is on record requesting Pierre to stop producing more refugees.

    The mantra that only Africa has the solution to its problems is a loose narrative that does not work for the civilians. The African Union whose body language supports the withdrawal of many African states from the Rome Statute has let Burundi down. AU chose to send peace delegation over peace troops to Burundi for mere threats from Pierre Nkurunzinza. How would his small force defeat over 50 nations?

    AU, under its charter, has the power to intervene in a member state because of grave circumstances as war crimes, genocide and crimes against humanity without that member’s consent. AU chose to sit back and watch the unrest tear the small country into pieces stalling the idea of African solutions to African problems.

    AU failed miserably to assert itself and cut a clear difference from what is was before, the lethargic Organization of African Union. Sending troops to Burundi was the opportunity to do that, but it chose to row back. The choice favored Pierre who was against the deployment of peace troops.

    It’s the fault of Africa and AU to produce many ‘materials’ for the court, Pierre’s greed to force himself for a third term after intimidating the judges of the constitutional court to rule in his favor resulted into what can only be tried at the ICC. Ordinary Burundians have suffered and still continue to suffer under the watch of AU, a replica of the same is taking root in Congo but does AU care?

    It will watch in silence but put every pressure to support a withdrawal of member countries and suspects at the court. The court was under intense pressure from AU over cases against President Kenyatta and his deputy, William Ruto for their alleged in 2007/8 post poll chaos.

    AU has shown and will still demonstrate that it stands for the ruling African elites only and has nothing in favor of the ordinary African. Hundreds of ordinary Burundians are suffering under its watch; the same is the case in Congo and the Oromos in Ethiopia.
    Burundi’s withdrawal from ICC is not in the best interest of the country but one individual, Nkurunzina who knows that he will be declared a wanted man by The Hague-based court sooner or later to answer to charges of war crimes, genocide, forcible transfer of population and crimes against humanity. He has chosen to take a path already supported by AU to insulate himself.

  • Tribunal Blocks Esther Passaris From Registering Her Harambee Democratic Party On Flimsy Grounds

    Tribunal Blocks Esther Passaris From Registering Her Harambee Democratic Party On Flimsy Grounds

    A tribunal chaired by Kyalo Mbobu and James Atema Paul Ngotho as members before the Kilimani court has dismissed Passaris’ plea to have the decision by Registrar of Political Parties blocking her from registering Harambee Democratic Party overturned.

    In a letter dated 10th June 2016, the registrar declined to register the name saying it name could not be reserved for use by a political party since the name “was not in compliance with the Political Parties Act, 2011 and the Constitution of Kenya, 2010 Article 91.” There was no explanation as to how or why the proposed name was not in compliance with the Political Parties Act and the Constitution. 2.

    A second letter was issued by the registrar of political parties on 24th August 2016 by which Passaris was informed that “Section 8(c) of the Act provides that the Registrar may refuse an application for the registration of a political party if the name or symbol that wishes to use the Act so nearly resembles the name or symbol or an abbreviation of the name of another political party registered under the Act or any other legal entity registered under any other written law. This is, therefore, to inform you that the name Harambee forms part of the National Coat of Arms of the Republic of Kenya recognized under Article 9c of the Constitution.”

    In appealing the decision, Passaris premised it on numerous grounds, key among them being that the rejection of the proposed name by the registrar was unlawful, unconstitutional and whimsical since the allegation that the name is not in compliance with the Political Parties Act 2011 and Article 91 of the Constitution is a clear misreading of these provisions of the law.

    In her defence, Passaris argue that whereas the word “HARAMBEE” is protected by law from use; it is so protected, but not when used in other words and for purposes that are not in conjunction with other words and objectives connected with the National Coat of Arms, and the proposed use of HARAMBEE DEMOCRATIC PARTY (HDP), is not an improper use of the said word, and is not prohibited under the provisions of Section 3 Cap.99 Laws of Kenya W . of the National Flag, Emblems and Names Act, while acknowledging such protection, her position is that such protection from use or abuse extends to the singular use of the each of the said names, and to avoid commercial exploitation and the creation of the notion of state patronage and approval in otherwise private undertakings, and to guard against the use of trademarks bearing such names; but when used in conjunction with other words, the same names are available and can lawfully be used for other purposes.

    Passaris argues further that, the said names have clear and distinct Kiswahili language meanings of their own, and cannot be said to exclusively belong to the State, and have therefore had widespread application and use in society when and where they do not violate any written law.

    One wonders why the case of Harambee Party is treated differently by the registrar in obvious bias steps alleged bias, for example, the fact that there is a party with the name Madaraka which, like Harambee, is a name protected under the National Flag, Emblem and Names Act.

    There have been entities registered using these protected names, such as HARAMBEE SACCO SOCIETY LIMITED, HARAMBEE STARS, HARAMBEE aircraft and marine vessels, HARAMBEE Foundation, a charitable educational organization, HARAMBEE SCHOOLS, ESTATE, HARAMBEE CONSTRUCTION LIMITED, JAMHURI HIGH SCH OOL, a leading secondary school in Nairobi, JAMHURI PARK, JAMHURI Savings Account by Co-Operative Bank of Kenya, JAMHURI ESTATE, in Nairobi, the NYAYO Motor Corporation, now renamed Numerical Machining Complex, and the NYAYO TEA ZONES DEVELOPMENT AUTHORITY Corporation. What therefore would stop the Harambee name from being registered.

    The tribunal findings surprisingly coincided with Passaris’ thinking on The reasons given by registrar for refusal include that the name Harambee has also been used by other entities registered under other laws. The examples provided by the registrar are Harambee Stars (the national soccer team) and Harambee SACCO Society Limited. However, this argument is self-defeating for if other government offices have registered entities with the name Harambee, why should the Registrar of Political Parties claim that the name can never be used since it forms part of the Coat of Arms and is protected under the National Flag, Emblem and Names Act?

    In a sharp, abrupt turn, the tribunal ruled that in their reading of the National Flag, Emblem and Names Act is that the word ‘Harambee’ (alongside the other protected words Nyayo, Madaraka, Jamhuri and the name of the President) cannot be used as the names of companies, firms or other bodies of persons, including political parties. Saying they’re well aware of the evidence which seems to show that the Registrar of Companies has allowed the name Harambee to be used by a company.

    The ruling has been criticized by the section of legal fraternity with one prominent judge heard saying the findings were idiotic and out of the constitution. It’s for example laughable thinking Kenya can’t differentiate between Jubilee party and Jubilee Insurance as one of the examples cited by the registrar. These things are as separate and can be told apart.

    It’s, therefore, unfair for the registrar to deny Passaris a chance to registrar her party early enough to give her time to popularize it countrywide and formally launch her gubernatorial bid. She has moved to the high court to appeal the decision with hopes she will be granted permission to have the name registered.

  • If Corruption is Allowed To Continue in Kenya At The Rate It Is Doing, It Will Be The Sole Cause of The Collapse of The East African Powerhouse

    If Corruption is Allowed To Continue in Kenya At The Rate It Is Doing, It Will Be The Sole Cause of The Collapse of The East African Powerhouse

    Kenya, (in)famously known as East Africa’s powerhouse, is on the verge of collapsing due to extensive and institutionalised corruption. The corruption situation is so desperate it had the international community begging that if Kenyan political moguls must steal, they should just steal a little. Corruption is so deeply rooted in the Kenyan legal system it would have an oblivious onlooker think it is etched somewhere in the constitution; it is so extensive that the Kenyan citizenry would not be surprised if a sole individual rose and claimed to have radical title over the land of Kenya.

    Hardly a week passes before a new corrupt deal, involving millions of shillings, is unearthed, the most recent being the Nike apparel scandal involving the National Olympic Committee of Kenya (Nock). A recent survey by audit firm PricewaterhouseCoopers (PwC) found that only two countries, South Africa and France, have higher corruption rates than Kenya, a new low for the country following a series of corruption scandals that have rocked the Jubilee administration and institutions in the country. South Africa is number one with 69%, while France is second with 68%. Kenya comes third with 62% on economic crimes.

    According to the survey, Kenya ranks top of the world in areas Former Judiciary Registrar Gladys Shollei was hounded out of office for graft claims. such as embezzlement, bribery and procurement fraud. Embezzlement is ranked as the most dominant economic crime in the country. The extent of corruption in Kenya would have one think there is no legal and institutional framework to curb corruption, which it does have; there are succinct laws and well-established institutions mandated to deal with corruption. It, however, would appear as though they do not carry out their duties as codified, and that they in fact aid in perpetration of corruption. This begs the question, is Kenya’s situation a case of institutionalised corruption? While Botswana basks in the glory of a world-class democracy, Kenya boasts, ashamedly so, of a thriving lootocracy, where leaders have no conception of sufficiency, setting up the rules to grab as much money as they can.

    They also concentrate power, to arrange the country for their benefit. Unchecked by modesty, satiety, or shame, they take all they can get away with. Their “core mandate” is to loot until someone stops them… or not. Highlight of top scandals Kenya has had as many corruption scandals as it has heard promises from political leaders to curb corruption, among other vote-wooing promises. Some quick calculation reveals that the country has lost trillions of shillings in corruption and embezzlement scams since the days of Jomo Kenyatta. Among the most notable scams are the 1990 Turkwel Dam project, the Police Mahindra Jeeps scam, Goldenberg, dubbed Kenya’s longest-running scandal, the Sh4.1 billion Navy ship project associated with Anura Pereira, the Sh300 Prisons boilers scam, Anglo Leasing, and the 2006 banking fraud scam worth Sh150 billion, among others. In 2007, Britain’s The Guardian featured on its front page a story about more than £1 billion (Sh132 billion) transferred out of Kenya by the family and associates of former Kenyan leader Daniel arap Moi. The Guardian sourced the information from the Wikileaks article “The looting of Kenya under President Moi” and its analysis of a leaked investigative document (The Kroll Report) prepared for the Kibaki government in 2004 to try to recover money stolen during Moi’s rule. Others are the Grand Regency Scandal

    (2008), the maize scandal of 2009, the Triton Oil Scandal, the Tokyo embassy scandal, the Sh53 billion laptop tendering project (under Jubilee), the Sh314.2 billion Standard Gauge railway project, the Sh10billion GDC scandal, the Sh55.6 billion Greenfield Terminal scandal, the Sh8 billion Karen land saga, said to involve 40 MPs, and the Sh250 billion Eurobond saga, among many, many others. From the Moi Era to Kibaki’s golden age and to the digital reign of the Jubilee government, each has had its fair share of corruption scandals and appears as though every new regime tries to outdo its predecessors in the corruption league.

    The mantra is to eat and let eat. Institutionalisation of corruption The Anti-Corruption Squad (ACS), dubbed the (first) anti-corruption body was constituted in 1993 and disbanded in 1995 before it could make any significant impact. Through an amendment to the Prevention of Corruption Act Cap 65, Laws of Kenya, the Kenya Anti Corruption Authority (KACA) was created in 1997. Its first director was John Harun Mwau, who was suspended and later removed in 1998 through a judicial tribunal. Mwau has since been named as one of the most notorious drug lords of the world by the US government.

    In 2000, KACA was disbanded through High Court case “Gachiengo vs. Republic”, with the ruling that the existence of KACA undermined the powers conferred on both the Attorney-General and the commissioner of police by the Constitution. It was further held that the statutory provisions establishing KACA were in conflict with the constitution then. In 2001 the Anti-Corruption Police Unit (ACPU) was created by an Executive order; it operated under the Criminal Investigations Department (CID). It was operated by the police and performed its functions until creation of the Kenya Anti-Corruption commission (KACC). KACC was a public body established under the Anti-Corruption and Economic Crimes Act, 2003. It replaced the Prevention of Corruption Act. The new Act also established the Kenya Anti-Corruption Advisory Board, an unincorporated body comprising persons nominated by a cross-section of stakeholders. The Advisory Board made recommendations for appointment of a Director and Assistant Directors. It also advised the Commission generally on the exercise of its powers and performance of its functions under the Act.

    The first Director, Justice Aaron Ringera, and four assistant directors, formally took office on September 10, 2004. Following parliamentary pressure in July 2009, Justice Ringera was forced to resign from office together with some of his assistants, paving way for appointment of Patrick Lumumba in September 2010. The Ethics and Anti-Corruption Commission (EACC) was established after former President Kibaki signed the Ethics and Anti-Corruption Act into law in 2011. This Commissions’ life was also short lived. Between March and May 2015 Commissioner Jane Onsongo, Vice Chair Irene Keino and the Chairperson Mumo Matemu were forced to resign. In November 2015, President Uhuru Kenyatta nominated Philip Kinisu to chair the EACC. Less than a year later, Kinisu was found to have had undeclared dealings with the National youth Service, and forced to step down. Like its predecessWitness protection Act, 2006, Ethics and Anti-Corruption Act, 2011, the Access to Information Act, Proceeds of Crime Act, and Anti-Money Laundering Act, 2009.

    The world views corruption as an antisystem. It is a universal phenomenon, independent of social system, age, position or class. It is also a very old phenomenon. Forms of corruption include systemic/endemic corruption, where corruption is integrated and is an aspect of the economic, social and political system. It is embedded in a wider situation that helps sustain it. This is what ails Kenya the most. There is also individual corruption, which occurs irregularly; political corruption, which includes transactions between public and private sector, notoriously known as grand corruption. At the bottom of the corruption chain is petty and moral/ legal corruption. Kenya, tragically, suffers from all of the aforementioned forms of corruption.

    The lootocrats of the regime give it in small dosages. The moment Kenyans seem like they want to forget one corruption scandal, another blows up, in is a never–ending cycle. It is so big and endemic that it undermines laws codified to curb it and infiltrates the institutions established to implement anti corruption laws. Kenya maybe rightfully said to have a deeply etched culture of corruption, one that is born with us and that survives generations on end. Why is this? Is it the insufficiency of laws, weak anti-corruption systems or a curse to the Kenyan people? The one thing that remains constant is that if it is allowed to grow on, it will be the sole cause of the collapse of the East African power house.

    To reiterate the words of the vice chair of the Salaries and Remuneration Commission, Daniel Ogutu, “… Kenya is like a sick patient, who does not look sick but on going to the doctor, is told, ‘at this rate, you’re soon going to collapse… It may take f ive or 10 years, but you will surely collapse…”

    Grab your copy of Nairobi Law for more insightful stories as this from your nearest supermarket.

  • Clash of Interests, Is Marwa A Politician or Administrator As He Steps Up War On Governor Joho

    Clash of Interests, Is Marwa A Politician or Administrator As He Steps Up War On Governor Joho

    Coast regional coordinator Nelson Marwa is known for his stern administrative directives and enthusiasm to fight terror. He has also known for his on and off the feud with the Mombasa Governor H.E Ali Hassan Joho who at some point described him as ‘a small person’ in fact a desk officer.

    Their beef season is back, and Marwa is doing what he does best to please his boss. He is threatening to arrest Governor Joho for leading a group of rowdy boys to bring down a perimeter wall around a piece of land that the governor alleges belongs to the defunct municipal council of Mombasa.

    Marwa, on the other hand, told journalists that the parcel of land in VoK area near Bombolulu belongs to the Kenya Broadcasting Cooperation (KBC) and not Municipal Council. He said that the government would arrest Joho and have him charged in court.

    “We have not seen any of the 47 Governors chest thumping and breaking the law, we will not allow the governor to go free after destroying property that cost the tax payers money to put up,” said Marwa. The feud between the two is nothing new; Joho sees Marwa as the president’s ‘mtu wa mkono’ who seeks every opportunity to frustrate his efforts even after being promoted from being Mombasa County Commissioner to Coast regional coordinator.

    No one has seen other regional coordinators at war with governors either. The said parcel of land has been lying idle for decades in a place where absentee landlords dwell when the natives are turned squatters. The working relationship between the two leaders is wanting, no one is interested in watching their unending drama.

    The coordinator may have a valid point, but he seems to be so working for the executive forgetting that whatever he does for the executive should be to the right of the people. This cannot be achieved through constant fights with the county governments. You can’t transfer governors; you can transfer coordinators if their relationship with the regional governments is affecting service delivery.

    Mombasa and the entire coast region want to be served with dignity, not chest thumping and supremacy battles. The national government has always been seen to be ‘after’ governor Joho, the already created impression can’t just be whisked away whether Joho is wrong or right, Marwa is a federal government appointee and known to be serving the interest of his employer.

    Leading a troop of hooligans to demolish the wall is not acceptable, the governor had other better options to address the issue, but this is happening because it’s a habit that has been condoned. Nairobi Senator Mike Sonko once led a group of hooligans, punching walls and breaking private property in protest of public land grabbing, nothing was done to him. The law should not be applied selectively.

    Joho is not the only governor in the Coast region; Marwa has become so much of ‘a puppet,’ anyone can guess who is pulling his strings and the crowd he is entertaining. He should stick to provincial administrative mandates and let politicians play their dirty games. Provincial administration roles and politics don’t mix.

  • African Union, War Mongers and Dictators Harbour

    African Union, War Mongers and Dictators Harbour

    By Nicholas Olambo
    Article 4 of the AU Constitutive Act rejects and condemns impunity; on the contrary, that is what is visible. Many African governments thrive on dictatorship and brutality on their people. On Sunday a festival turned tragic following a confrontation between the Oromo ethnic people and the police. During the festival, the Oromos demanded equal rights as other ethnic groups in a country of over 90 million inhabitants displaying crossed wrists.

    Police responded by firing rubber bullets, tear gas and live bullets creating a stampede that resulted in over 200 deaths and 300 seriously injured. The Oromos have been protesting since 2014 when the government had a plan to expand the capital, the move that was a threat to their farm lands was deferred, but they have never stopped protesting against marginalization.

    Several people of the Oromo origin have been killed by government forces as AU watches in silence, the same organization that declared 2016 ‘African year of human rights’ and identifies justice as one its key shared values. The injustice against the Oromo people is unbecoming as they are being massacred by the government forces daily.

    Au and global leaders have chosen to turn a blind eye on the Oromo’s bloodbath. The trend of silence is ‘normal’ anyway but worrying. Hundreds are being killed in Congo, Zimbabwe; there is the political impasse in Gabon and Burundi but the world leaders, and AU does what they do best, shut. War is a big business and an excellent opportunity for corrupt and dictatorial regimes to siphon from the public coffers and bank in offshore accounts.

    African governments are cannibals, best at eating their own. Most nations in the continents heavily arm the police and other security forces to crush their people but engage in endless battles to neutralize external enemies like the small terror group, Al Shabaab that is a threat to the entire Horn of Africa governments.

    What is being done on the Oromos amounts to crimes against humanity prosecutable at the International Criminal Court (ICC), but since AU got a silly defense of threatening to withdraw from the Rome statute whenever one of their own is wanted for questioning, crime is an order of the day. Dictators are chewing their subjects right before the eyes of AU that has its headquarters in Ethiopia.

  • A Bright Career Killed, Willis Raburu From a Great Journalist to a Socialites Promoter

    A Bright Career Killed, Willis Raburu From a Great Journalist to a Socialites Promoter

    This is an intervention for Willis Raburu, Who has now become a male socialite and shame to the media fraternity.

    We Kenyans of good will have witnessed the rise of Willis Raburu and would not like to see the good brains wasted by a complicit and corrupt Royal Media Services.

    If you are not aware, Royal Media Service is the most corrupt media house in Kenya. Journalists working for Royal Media services especially the vernacular radio stations are the worst dogs. They are bribed by ethnic gods to create tension within the country. For Instance, Njogu Wa Njoroge is on the Payroll of Kikuyu politicians to promote the We against them narrative. Despite all these malpractices, the idiots err Bosses at the helm have refused to crack the whip of such ethnic zealots.

    Willis Raburu started off well till he started hosting some Socialites in the infamous show called 10 Over 10. This is a show that promotes mediocrity and the whore culture because most of the fellas that flock the show are famous socialites and commercial sex workers like Huddah Monroe and Vera Sidika.

    Why is the media introducing shows that won’t help this country? Shows like 10 over 10 and Nairobi Diaries should be done away with.

    Willis Raburu, an exceptional mind in the media fraternity should not be interviewing socialites. We are watching our dear brother Willis make mistakes like Larry Madowo who has become a shame and bad example in the Kenyan media.

    Old Camels like Caroline Mutoko and Sheila Mwanyigha promoted the whore culture and have had no real achievements as far as their legacy is concerned. They instead dumbed down the masses into believing that whoring around and becoming petty is a Godly act.

    My brother Willis Raburu, we loved you when you used to read the news. Interviewing socialites is not your forte: Leave that to Larry Madowo and the likes of Maina Kageni.

    Being a male socialite is a curse and must be detected and crashed. It is worse than prostitution. Look at the likes of Joe W Muchiri; his only life achievement is being drunk and bragging with alcohol on Instagram. Pathetic socialite if you ask me. Unlike many fake friends out there who don’t tell him the truth, I take this moment to urge Joe Muchiri to get a wife, get married and raise a family. Your agemates like Alai have already married.

    But then, media standards in Kenya have diminished. Starting from Royal media services that has now reduced Willis Raburu to a socialites interviewer.

    For instance, Royal Media Services owner SK Macharia used forged documents to transact a land deal 20 years ago; Police indicated in court documents when the case was hot off the press. This was a widely publicized case that embarrassed the media mogul. Do we expect this character SK Macharia to instill good media standards yet he is a renown fraud? Hell No!

    Willis Raburu must sit down, reflect and see the direction his media career is heading toward. What will he be remembered for? He must avoid taking the course the likes of Maina Kageni and Caroline Mutoko took. Anybody can be a socialite promoter, but it takes courage and immense wisdom to be a revolutionary Journalist.

  • Eating Their Own, Kenyan Journalists Killing Journalism

    Eating Their Own, Kenyan Journalists Killing Journalism

    Hundreds of journalists took to the streets in Kenya to protest against what they call continuous harassment, attacks, threats and free expression as enshrined in the constitution that was signed in 2010. Journalists accuse the police, politicians and governments for their harassments. “Journalism is a profession and not a crime, we should be allowed to do our job without threats” said George Otieno, a reporter with Baraka Fm, Mombasa.

    When other journalists dare to hold street protests to demand respect for freedom of expression, the lazy ones sneak into politicians and enemy’s beds without editorial foreplay. They go against the ethics code and set regulations of the profession to fill their stomachs. Journalists should play a watchdog role for the society but professionals who brave themselves to uncover truths like Jicho Pevu’s Mohamed Ali and investigative reporter John Allan Namu have been never appreciated but treated as enemies of the state.
    Responsible journalism is key but what really is responsible journalism? Members of the fourth estate may debate what constitutes responsible journalism. Truth and accuracy, independence, fairness and impartiality and accountability are some of the most common core principles and values that should outline the craft of journalism.

    Responsible journalism is key but what really is responsible journalism? Members of the fourth estate may debate what constitutes responsible journalism. Truth and accuracy, independence, fairness and impartiality and accountability are some of the most common core principles and values that should outline the craft of journalism.
    The same is not really the case among the practitioners of the profession in Kenya. Early this year it was widely misreported that African nations had agreed to pull out of ICC. The truth was that they were to go back to their respective countries and study the Kenyan proposal before making a decision.

    Misreporting is rampant with reporters and media houses more focused on profit maximization. It is in Kenya where you have journalists a signed to specific political divides.
    Citizen Tv’s Jacque Maribe majorly covers and reports jubilee events and stories, in fact there are rumours her son was sired by a prominent Jubilee politician. The talented reporter –cum- anchor has been accused of killing Cord stories covering Jubilee. Francis Gachuri from the same station whose piece was used by the defense in ICC cases at the Hague is one of the journalists in bed with politicians. Gachuri is an ethno-political chauvinist who reports all sorts of garbage after receiving a three bed roomed house gift from DP William Ruto.

    Citizen Tv’s Jacque Maribe majorly covers and reports jubilee events and stories, in fact there are rumours her son was sired by a prominent Jubilee politician. The talented reporter –cum- anchor has been accused of killing Cord stories covering Jubilee. Francis Gachuri from the same station whose piece was used by the defense in ICC cases at the Hague is one of the journalists in bed with politicians. Gachuri is an ethno-political chauvinist who reports all sorts of garbage after receiving a three bed roomed house gift from DP William Ruto.

    Former citizen Tv reporter Kendagor Obadiah, who covered Cord/ ODM like everyday is now said to be planning to get into politics. Commentators will be waiting to see the party and the seat he will be going for. It is not only journalists like the above mentioned and the likes of Jeff Koinange who lean on their ‘suitable’ political divides, Media moguls have endorsed presidential candidates in this country. Royal Media Services chairman SK Macharia supported Cord coalition in the last elections and almost fainted when Uhuru Kenyatta was declared the winner.

    Former citizen Tv reporter Kendagor Obadiah, who covered Cord/ ODM like everyday is now said to be planning to get into politics. Commentators will be waiting to see the party and the seat he will be going for. It is not only journalists like the above mentioned and the likes of Jeff Koinange who lean on their ‘suitable’ political divides, Media moguls have endorsed presidential candidates in this country. Royal Media Services chairman SK Macharia supported Cord coalition in the last elections and almost fainted when Uhuru Kenyatta was declared the winner.

    Star’s Oliver Mathenge is a known Statehouse errand boy and a propagandist clothed as a communication consultant to many Jubilee leaders including Sakaja and the Party’s script twist master. He recently confessed How love for Jubilee and announced that he would be vying for an elective post on a Jubilee ticket. He’s How bootlicking the NYS Grand Theft architect Ann Waiguru for the Kirinyaga seat. The scheme of Oliver and these political journalists is to be owned by the political affiliation with fattest wallets so as to control and push their agendas on the media. Here’s the cartel that we’re soon exposing in details.

    How do you achieve responsible journalism in an environment like this where media owners endorse politicians to have ‘favourable’ environment for their businesses, reporters and editors depend on payolas to find angle for their stories. Some media houses like Mediamax are owned by high profile politicians in power. Broke media houses stoop below ethics to get government advertisements and lay off workers who cover stories that put the government and big cooperate organizations like safaricom in bad light.

  • Money Over Integrity and Reputation, NYS Grand Heist Deflated Mutahi Ngunyi

    Money Over Integrity and Reputation, NYS Grand Heist Deflated Mutahi Ngunyi

    By Nicholas Olambo
    2016 has not been a good year for the arrogant and controversial political analyst Mutahi Ngunyi. Mutahi has been known for his rapper attitude and ‘dissing’ analyses on Cord leader Raila Odinga. He once described him as ‘a busy house girl’ in the grand coalition government. He was alleging that Mr. Odinga wanted to be seen doing everything including nothing. He always appeared to have a bone to pick with Rail. Ngunyi is the brain behind generation of ‘tyranny of numbers’ hypothesis.

    His blunt utterances always caused uproar like suggesting that Raila should be jailed over Uganda sugar deal and calling Luo community poverty stricken. ‘Raila should be put on trial. The Judge: Poverty stricken Luos…. The Charge: selfishness. Selfishness, selfishness, selfishness…’ he wrote on a tweet. His political analysis career is ‘Raila based’ giving him all sorts demeaning descriptions like equating him to a slow punctured car. He is now cornered in the infamous NYS saga where shs 791 million was misappropriated. Ngunyi’s firm did business with NYS and was overpaid.

    His blunt utterances always caused uproar like suggesting that Raila should be jailed over Uganda sugar deal and calling Luo community poverty stricken. ‘Raila should be put on trial. The Judge: Poverty stricken Luos…. The Charge: selfishness. Selfishness, selfishness, selfishness…’ he wrote on a tweet. His political analysis career is ‘Raila based’ giving him all sorts demeaning descriptions like equating him to a slow punctured car. He is now cornered in the infamous NYS saga where shs 791 million was misappropriated. Ngunyi’s firm did business with NYS and was overpaid.

    He is finding no defense in Raila, instead he claims he is shocked why he was overpaid shs 11.87 million. He told the National Assembly Public Accounts Committee (PAC) that he did not know how NYS Picked his firm to do it’s restructuring and if it was single sourced. Guilty Mutahi claims that he only learnt from the auditor general that he was overpaid in March 2015 but he assumed it was from a different client since he had been paid his dues prior to that.

    He is finding no defense in Raila, instead he claims he is shocked why he was overpaid shs 11.87 million. He told the National Assembly Public Accounts Committee (PAC) that he did not know how NYS Picked his firm to do it’s restructuring and if it was single sourced. Guilty Mutahi claims that he only learnt from the auditor general that he was overpaid in March 2015 but he assumed it was from a different client since he had been paid his dues prior to that.

    The Mutahi defending himself now is so different from the one with the foul mouth, he looks rained on and begging for mercy with weak threats to sue ministry officials who made the mysterious payments. He swore on his mom’s bible that he is clean. Is he clean? This is the same guy who authoritatively said in an interview with the Nairobian that he makes money in CCP (corruption, consultancy and politics).

    The Mutahi defending himself now is so different from the one with the foul mouth, he looks rained on and begging for mercy with weak threats to sue ministry officials who made the mysterious payments. He swore on his mom’s bible that he is clean. Is he clean? This is the same guy who authoritatively said in an interview with the Nairobian that he makes money in CCP (corruption, consultancy and politics).

    Mutahi was responding to a question on the source of his money to rent lavish offices at the MMID Studio House in Museum Hill and pay his staff of mostly young, gorgeous and sophisticated looking women. The arrogant analyst claimed that The consultancy house (his firm) does a lot of work from bodies like governments and IGAD through referrals across 18 countries. Corruption is indeed his source of income and has finally ended his arrogance and career; no one listens to Ngunyi anymore.

  • Governor Mandago Shamelessly Bends Down To Low On Ethnicity Factor At Moi University

    Governor Mandago Shamelessly Bends Down To Low On Ethnicity Factor At Moi University

    By Nicholas Olambo
    Politicians will always say that Eldoret is a cosmopolitan town to win your vote but the reality is way far from that. A keen observer can guess a possible scenario if an individual from a community outside North Rift vies for a top political post, the ‘madoa doa’ narrative will begin. Negative ethnicity is the order of the day in this part of the world where public institutions are now turned into ethnic joints.
    It so sad that elected leaders from the region idle to an extent of hanging coats in their office then gather as tribal cocoons and unlawfully storm a public institution. What happened Tuesday was pathetic; a section of North Rift leaders stormed Moi University main campus in Kesses, Eldoret to protest against the appointment of Prof. Laban Ayiro as the acting vice chancellor of the institution for three months awaiting replacement of former VC Prof. Richard Mibey.

    It so sad that elected leaders from the region idle to an extent of hanging coats in their office then gather as tribal cocoons and unlawfully storm a public institution. What happened Tuesday was pathetic; a section of North Rift leaders stormed Moi University main campus in Kesses, Eldoret to protest against the appointment of Prof. Laban Ayiro as the acting vice chancellor of the institution for three months awaiting replacement of former VC Prof. Richard Mibey.

    Rogue leaders, members of the staff and residents were led by Uasin Gishu governor Jackson Mandago and his Elgeyo Marakwet counterpart Alex Tolgos and Counter Assembly Speaker Isaac Terer and other Mps from the region who had nothing constructive to do on a working day. They went ahead and vowed to stop 32nd graduation ceremony slated for 23rd September 2016. They are demanding for the appointment of a substantive VC based on merit, fronting for Prof. Isaac Kosgey whom they claim emerged top in the recruitment interviews and should be appointed on permanent basis.

    Rogue leaders, members of the staff and residents were led by Uasin Gishu governor Jackson Mandago and his Elgeyo Marakwet counterpart Alex Tolgos and Counter Assembly Speaker Isaac Terer and other Mps from the region who had nothing constructive to do on a working day. They went ahead and vowed to stop 32nd graduation ceremony slated for 23rd September 2016. They are demanding for the appointment of a substantive VC based on merit, fronting for Prof. Isaac Kosgey whom they claim emerged top in the recruitment interviews and should be appointed on permanent basis.

    The rogue leaders are claiming that ‘an outsider’ has been appointed to head the Eldoret based university by the Education CS Fred Matiang’i. Moi University is known for being the most ethicized institution in Kenya. The official language from the gate, lavatory, staff and to the students is Kalenjin. The toothless bulldog that is National Cohesion and Integration Commission does nothing but its usual incredible bark. The Commission’s Chairman Francis Ole Kaparo addressed the media condemning the action that depicts how public institutions have been ethicized.

    The rogue leaders are claiming that ‘an outsider’ has been appointed to head the Eldoret based university by the Education CS Fred Matiang’i. Moi University is known for being the most ethicized institution in Kenya. The official language from the gate, lavatory, staff and to the students is Kalenjin. The toothless bulldog that is National Cohesion and Integration Commission does nothing but its usual incredible bark. The Commission’s Chairman Francis Ole Kaparo addressed the media condemning the action that depicts how public institutions have been ethicized.

    The commission is investigation the actions by the leaders and should they be found guilty of contravening the provision of the NCIC Act, a disciplinary action will be recommended by the sleeping commission. What is really there to investigate? One may ask ‘It is stunning, abhorrent, and disgusting to see leaders who should be on the forefront in upholding the constitution, stoop that low’. Ole Kaparo said.

    The unpolished actions by rogue, tribal and idling leaders come at time when the country is struggling to find a solution to continuous fire problem in secondary schools that saw over 120 dormitories razed last term by rogue students. Matiang’I’s roadside declarations have been blamed on the fires in high schools the same way his choice to appoint an acting VC is facing protests.