Political rift between the President and his deputy Ruto continue to widen by the day. Things haven’t been the same since the handshake when Uhuru decided to work with Raila whom Ruto views as his biggest rival.
The two jubilee partners have often differ in numerous issues including the push for referendum that the President and Raila have been championing. Ruto who has in the recent times self alienated, has not been active in day to day running of the government and has been left with a shell for an office.
Its ages since he was seen at a state function and has been reduced to hosting groups at his Karen as he consolidates his grounds and team ahead of 2022.
In subliminal attacks, the President has been castigating the DP for campaigning instead of concentrating on development as he prepares for his exit and determined to leave a legacy.
Wrangles within Jubilee party has seen the deputy’s faction exchange fire with Uhuru’s led by the chairman David Murathe.
Murathe has never minced his words and more than once has dared the DP to exit the party.
In what could be the first public confirmation that the DP is considering bolting out, Ruto told Joe Ageyo during an interview on Citizen TV that should talks hit a wall, he’s prepared to leave jubilee for another umbrella in his bid for presidency come 2022.
Reports now indicate that as a precaution and just getting ready for anything, the DP has already registered two political parties through his proxies who’re close allies.
The newly registered parties, United Green Party (UGP) and Grand Dream Development Party (GDDP), are associated with MPs Cornelly Serem (Aldai), Nandi Senator Samson Cherargei, Oscar Sudi (Kapsaret) and Caleb Kositany (Soi), who is also Jubilee deputy secretary general).
All are Mr Ruto’s allies. “We gather that he wants to bolt out. He is free to do so and form another party. This one has its owners. I heard him call us junior fellows in the party, how do junior people run one out of town surely?” Mr Murathe posed.
During the interview, Ruto had accused Murathe whom he referred to as conman of having invaded the party and running it as a private property. Murathe in response said that Ruto is mad because his plan to take over the party was thwarted.
The jubilee chairman has gone further to tell Ruto to leave the party if he feels shortchanged sending him a warning that things are just getting started and will get to the worst. “Mambo bado, hii ni kionjo tu. You wait, atajua hajui (The game has yet to start, what you have seen is only a test run. We’ll prove to him that he’s not as smart as he thinks),” Mr Murathe charged.
Former Vice President also in an interview with Joe Ageyo said the DP has self alienated and decided to play victim. Kalonzo challenged the DP to resign and leave jubilee if he feels it has been invaded by conmen.
Ruto is currently in the Coastal region on a tour holding meetings with different members of the public.
Coming a day after his interview on Citizen TV that the DP opened up about his rocky relationship with the President, Ruto headed to the coastal region where he’s expected to hold meetings and meet his supporters in the region.
Unlike before when he would fly on Air-force one, received by a dozen of government officials and politicians at the airport, things were different and low key this time perhaps affirming his insinuation that he’s an outsider of the government just holding unto an empty office and a DP title.
A source speaking to Kenya Insights, tells us the DP flew in to Mombasa on a local commercial flight with the rest of the public members. He was accompanied by a few bodyguards and his media guy. It caught many by surprise as they’ve never seen him like that. Our source says he was received by Mohammed Ali, Hassan Omar and Ali B a coastal musician. He did not allow photos to be taken either.
Outside, only 3 Toyota Land-cruisers were awaiting and V8 took him away with no chase cars as accustomed. It’s unclear as to whether the DP wanted a low profile entrance or just another case of a withered man. This time there was no red carpet, troop of security officers, crowd of politicians to receive him.
Meanwhile, Malindi MP Aisha Jumwa is on the run as she failed to show up in court to answer to graft charges against her. Police say she’s out of radar after switching off her phones. Mombasa court has issued a warrant of arrest for her and ordered to surrender to the police by Monday. Aisha is one of DP’s point persons in the coastal area.
Nairobi Governor Mike Mbuvi Sonko and others implicated in Ksh 357 million graft case have been directed to enter a plea bargain with the Director of Public Prosecution (DPP).
This comes as the defense also informed the Chief Magistrate Douglas Ogoti that one of the accused persons Patrick Mwangangi had passed on, prompting the magistrate to direct the DPP to verify the burial permit presented in court in order to withdraw charges against the deceased.
The defense lead lawyer Cecil Miller confirmed they had been supplied with all witness statements.
In a plea bargain the DPP can require forfeiture of property that is party to a suit or fines in exchange for lighter sentences or no jail time at all.
Defence lawyers Cecil Miller and George Kithi for Mr Sonko asked the magistrate to give room for plea bargain.
While Miller and Kithi are putting strategies in place to save their client from possible jail term or losing property, another colleague has a different opinion and a warning.
According to Lawyer Steve Ogolla, the plea bargain is a brilliant strategy but warns that it’s going to come at a cost. “SONKO plea bargaining simply means he’s pleading guilty as charged. In exchange, he may get concession on the sentence for saving the court’s time. I celebrate his lawyers for advising him the right way. Meanwhile the consequence of conviction is that he gets removed as Governor.” Said Ogolla.
The purchase of the new Orange House brought out a bit of this trait. One day, those who claimed to have brokered the deal called me. This was after the transaction had appeared in the papers. They told me that they had been denied their agency fee and further alleged that the real price was 130 million not the 170m that was in the papers.
I called Kawino and Oduor and raised my concerns and warned that the story was headed to the newspapers. They pleaded with me to kill the story saying it was false. I advised the jilted agents to hold their horses till I investigated fully.
Edwin Sifuna was reported to have been furious when he learned of the story but cooled down after a “conversation” with the Orange House duo.
A colleague went looking for the agent in kericho and invited him to Orange House where he was given 50k and told to be silent. My investigation brought out info that I feared would turn me into a biblical Samson so I decided to hunt down the Pope and share with him.
At the time my frustrations with the Secretariat was killing me so when the NEC appointed Oduor and Pareno to oversee reforms at the party, I couldn’t wait to come back from South Africa. I exploded on the NEC resolutions thru FB.
The need for my departure from Orange House reportedly became urgent to clear the way for the “smooth’ running of the office.
When I came back, I received a “show cause” letter from Oduor and Sifuna. I wrote back and told them that if the past was replayed, “I would do exactly the same thing that I had done”
Before the management Committee Chaired by Edwin Sifuna, tasked to interrogate me, I asked them;
“Why are you people pretending? You are sacking me to clear the way for a corrupt deal on the new office? I have video evidence and witnesses” Sifuna who was seated upright sunk back in his chair shocked. Imagine nobody asked a single question on the matter.
Wafula Buke is a former director for political affairs and strategy of ODM.
In the past few days, there have been serious allegations levelled against the procurement and handling of Covid-19 protective gear by the Kenya Medical Supplies Agency (KEMSA). Suffice it to say that all Kenyans of goodwill have found these allegations disturbing and thoroughly demoralising, at a time when we are losing more lives to the virus.
We have restrained from responding to these allegations because of our desire to comment from an informed position.
We gather that the DCI has been called into KEMSA to investigate these matters. We however wonder how this can be so, before a credible audit by the Auditor General is carried out to ascertain the veracity of these claims. Precedent has been set before, where the media goes on a sensationalist extravaganza, with half baked information obtained from shadowy sources, ending up creating more problems than solutions.
It is important to note that as far as the prices of PPEs go, conventional wisdom must hold that such prices were lower before Covid-19 ravaged the whole world, and any procurement happening in the current has to come with higher values. Higher prices alone cannot therefore be a basis for doubting the probity of those who undertake these tasks.
It is disheartening to hear no less a senior government official than the Deputy President go public with the juvenile and improper statement that “at least now nobody will blame me for stealing Covid-19 funds”. This statements suggests that it is ok for the funds to be stolen if he is not to blame, or even more unsettling, it expresses the jealousy of being left out of the gravy train. We have pointed out before that the DP’s recalcitrance and lack of political emotional intelligence are a hindrance to the smooth running of government. At a time when he should help the President crack the whip on corruption cartels within government, he holds campaigns at his residence while cheering wrong doing within government, in the mistaken belief that any perceived failures by H.E. the President will raise his (DP’s) dwindling profile. We must ask the DP to either rise to the occasion and play the role of DP, or ship out and let the President work in peace.
We will keep raising any concerns we have with government operations, specifically Covid-19 related issues, through the proper channels, without unnecessary drama and hubris. We continue to fulfill our mandate as espoused in the ODM Manifesto, while remaining cognisant of our role as a unifying agent in Kenyan politics. We will therefore not join the condemnation bandwagon, but will keep probing and defending the right of Kenyans to get government services efficiently and at the right process. For that reason, we ask that media houses and other news agencies exercise responsibility in their coverage, because sensational and baseless reports may compromise international support for our Covid-19 war, endangering ordinary Kenyans and not just the leaders. Any information of wrongdoing must be passed to the rightful agencies for clear action.
Deputy President William Ruto has sarcastically responded to a news article by the standard that labeled him as a spectator in the current government saying he won’t be blamed for the current scandal where Sh43B meant for coronavirus pandemic is said to have been misappropriated.
“At least least for once it won’t be possible to be blamed for what someone said “started in Wuhan as a virus, landed in Italy as a pandemic and now in Kenya as a multi-billion shilling corruption enterprise”. Wacha niendelee kama spectator. ISORAIT.“
Ruto who has often taken hits for most of the mega scandals that have been rocking jubilee government seems to be having a fields play with this. Ruto who recently criticized the state of abuse of power in the arrests of senators and also daring the so called deep state from blocking his presidential bid.
🤣🤣🤣🤣 at least for once it won't be possible to be blamed for what someone said "started in Wuhan as a virus, landed in Italy as a pandemic and now in Kenya as a multi-billion shilling corruption enterprise". Wacha niendelee kama spectator. ISORAIT. pic.twitter.com/d1IMef1s7t
Ruto’s has been silencing most of the time in his Karen home where he receives guests but no official duties. His latest statement could easily be taken as a hit at his boss, who’s currently running the show and placing the blame of Covid scandal at his doorstep.
As political temperatures continue to flare up in the country ahead of 2022 elections so are emotions. Jubilee party has become functionally numb and divided with clear divisions between Uhuru and Ruto.
Its no longer a secret that the long friends are no longer seeing each other fave to face with Ruto’s office office and powers shredded to pieces. He’s now reduced to hosting his political babies at his Karen home with almost no official function allocated to him.
Revenue formula row has further increased the temperatures with senators allied to Ruto feeling that they’re unlawfully targeted by state machinery to give into statehouse formula. Three senators were on Monday arrested leading to fierce disagreement which would layer end in the adjournment with no deal having been reached.
Oscar Sudi, one of Ruto’s closest allies and a mouthpiece of the DP is no longer holding his peace and disappointment. On Monday he angrily called out the president and regrets the decision to vote for him.
“I regret voting Uhuru Kenyatta. I didn’t know his true colours. But I blame WilliamsRuto because he convinced some of us that Uhuru was his true friend. Anyway, May God protect Kenyans.” Said Sudi.
Ruto has tactically remained silent on the debate but he recently dared the deep state ahead of 2022 saying he’s ready to take down the system.
In February, the governor signed a deal with the national government, which saw four key departments taken over from County government to National government .They included: Health and Transport, Public Works, Utilities and Ancillary services and County Government Planning and Development.
5 months ago, I published an insight of the signature that might end Sonko County woes https://kenyainsights.com/the-signature-that-might-end-mike-sonkos-woes/ .
This ceremony came at a time when Governor and his co-accused faced 19 charges of corruption, abuse of office and irregular payments that saw the county lose Sh357 million.
Count 1: Sonko, alongside Fredrick Odhiambo alias Fred Oyugi T/A Yiro Enterprises, Web Tribe Limited, Danson Muchemi Njunji, Robert Muriithi Muna, Zablon Onyango Ochomo, ROG Security Limited and Antony Otieno Ombok alias Jamal are accused of conspiring to embezzle Sh24.1m between July 1, 2018 and January 31, 2019.
Count 2: The governor is accused of conflict of interest. Sonko is accused of knowingly receiving Sh1 million from Web Tribe Limited, the parent company of JamboPay, through ROG Security Limited. The money is said to have been received on or about January 19 through Equity Bank Limited, Nyali branch.
Count 3: The governor is accused of knowingly receiving another Sh1 million from Web Tribe through ROG, through Equity Bank, Kenyatta Avenue branch.
Count 4: Sonko is accused of knowingly receiving Sh1 million from Web Tribe through ROG on January 19, through Equity Bank’s Gigiri branch.
Count 5: The county boss is accused of knowingly receiving Sh1 million from Fredrick Odhiambo alias Fred Oyugi of Yiro Enterprises through ROG on December 27, 2018. The cash was received through Equity Bank’s Four Ways branch. According to the charge sheet, the county hired unspecified “heavy equipment” from Yiro.
Count 6: The county boss is accused of receiving Sh1 million from Yiro through ROG on December 27, 2018. The cash was deposited into his account at Equity’s Nyali branch.
Count 7: Sonko is accused of knowingly receiving Sh1 million from Mr Odhiambo through ROG on December 28, 2018. The prosecution says the cash was received through Equity Bank’s Kwale branch.
Count 8: Sonko is accused of receiving Sh1 million from Yiro through Equity’s Nyali branch on December 28, 2018. The alleged irregular payments were a facility by ROG.
Count 9: The governor allegedly received Sh1 million from Mr Odhiambo through ROG on December 27, 2018. The money was deposited into his account at Equity’s Kenyatta Avenue branch.
Count 10: Sonko is accused of unlawfully receiving Sh400,000 from Mr Odhiambo on December 28, 2018 through Equity’s Kenyatta Avenue branch. The payments were facilitated by ROG.
Count 11: The governor is accused of pocketing Sh1 million from Mr Odhiambo and Yiro through ROG on December 28, 2018. The illegal payments were done through Equity’s Kenyatta Avenue branch.
Count 12: Sonko is accused of receiving Sh8.4 million in proceeds of crime, contrary to Section 4 of Proceeds of Crime and Anti-Money laundering Act. He is accused of receiving the cash from Mr Odhiambo between December 27 and 28, 2018 at Equity Bank.
Count 13: The governor is accused of receiving proceeds of crime – Sh3 million – from Web Tribe – on or about January 19 at Equity Bank.
Sonko denied all these charges and secured his release after paying a cash bail of Sh15 million. The High Court in Nairobi had granted him a Sh15 million cash bail or an alternative bond of Sh30 million with a surety of a similar amount.
Court also barred Sonko from accessing his office and commenting on the case on social media as were the directorates of public prosecutions and criminal investigations and the Ethics and Anti-Corruption Commission. And being that he had no Deputy, the Magistrate ruled that if need be, he can be escorted by the investigating officer or any other authorised officer.
Tuesday 25 Feb, 2020 In a historic land mark agreement signed at State House where Governor Mike Mbuvi Sonko and Devolution Cabinet Secretary Eugene Wamalwa in concurrence with H.E President Uhuru Kenyatta, signed an agreement, officially handing over functions of the Nairobi County Government to the National Government, pursuant to Article 187 of the Constitution.A move which saved him from prosecution, impeachment motion that was being engineered against him by all forces at disposal.
Vindu Vichenjanga
Nairobi Governor Mike Sonko (pictured) has formally registered his intent to pull out from the deed of transfer agreement entered between the two levels of government.
In a letter addressed to the Attorney General, Devolution CS Eugene Wamalwa and Nairobi Metropolitan Services Director General Mohammed Badi, Sonko has declared a dispute between the county and the national government.
In the letter dated July 24, 2020, Sonko stated his desire to terminate the Deed of Transfer of Functions going forward, citing numerous illegalities in the deed of transfer.
He said the deal was grounded in sheer bad faith and monumental breaches of the Intergovernmental Relations Act. “Since the Nairobi County government is bound by the principles of the law, the county government does not wish to abet and condone these breaches of the law,” read the letter.
Sonko highlighted that there was neither consultation regarding the affected departments nor cooperation from the national government prior to the execution of the Deed, which was in contravention of Section 4 of the Intergovernmental Relations Act.
He noted that no joint committee or authority had been formed in furtherance of the envisaged cooperation between the two governments. Sonko said the national government had rather adopted an overbearing, superior and scorched attitude so far.
“Whereas the Deed, in its recitals, expresses common intent, there was hardly any common intent at the antecedent level. There is no justification offered by the State for the takeover of the four functions at any stage prior to or subsequent,” stated Sonko.
The governor once again reiterated that the existence of the NMS was illegal, as it had “no legal underpinning, legal existence and function.”
Sonko and Badi have also intensified a fight over the former mayor’s posh residence in Lavington.
The tussle began on Tuesday after Sonko announced that he had repossessed the former mayor’s residence after it was surrendered by the Ethics and Anti-Corruption Commission.
Nairobi governor Mike Sonko now claims he was not in the right frame of mind when he signed the deal to transfer some functions of the county to the national government in February this year.
But Sonko says he was not sober. “I was not sober (when I signed the bill),” Sonko explained during a recent interaction with his followers on Facebook.“Hawa watu wa State House waliniconfuse na pombe kwanza (some people at State House confused me with some alcohol) by the time I was meeting the President for the signing I was just seeing zigzag.”
On Monday, Jubilee Secretary-General Raphael Tuju wrote to the five Jubilee legislators in the Eala regional assembly whom include former MPs Simon Mbugua (Kamukunji), Mpuru Aburi (Tigania East), ex Nyandarua Woman Rep Wanjiku Muhia, Noor Mohammed Adan and Florence Jematiah ; notices of intention to commence disciplinary proceedings against them — now risk losing their seats for failure to make their monthly subscriptions to the party.
This follows months of tension within the ruling party that has seen allies of Deputy President William Ruto dropped from key parliamentary positions and others subjected to disciplinary action.
Among the five, only Mr Aburi has updated his contributions to the party, according to the party’s Regional Director – Eala Stephen Mwanga who also doubles up as the regional director for Kiambu County in Jubilee party.
Like all political parties do to run its activities, the legislators are required to remit to the party Sh20,000 per month but three of them have defaulted for the last 31 months while Ms Muhia had only paid Sh100,000. The party now requires the trio to clear their Sh620,000 arrears while Ms Muhia is obligated to settle her Sh520,000 debt. This brings to Sh2,380,000 total amount owed to the party for the last 31 months by the legislators.
“This is a formal notification to you as Member of Parliament East Africa Legislative Assembly of Jubilee Party that you have defaulted in your remittance of your monthly subscriptions.”
“According to our records, you have defaulted to remit your party subscriptions amounting to Sh620,000 as at July 2020,” read one of the letters signed by Mr Tuju.
In the letters written to individual members and served on Monday, the MPs are required to respond to Mr Tuju and Mr Mwanga in seven days or face disciplinary action.
“Take notice that you are in breach of Jubilee Party Constitution and your actions attract a penalty including but not limited to suspension or revocation of your nomination and sponsorship. Note that you signed acceptance of the terms of membership and nominations,” the notices read in part.
It further states; “take notice that unless you make immediate payment of Sh620,000, disciplinary proceedings shall be commenced against you without any further reference to you at your detriment.”
The notices were copied to acting Registrar of Political Parties Anne Nderitu, Eala Speaker in Arusha, Tanzania, Martin Ngoga, Jubilee National Disciplinary Committee Chairman Lumatete Muchai and the Regional Director – Eala, Stephen Mwanga. Others are; Jubilee party Directors Mary Kigen-Sorobit (Legal department) and Wambui Gichuru (Finance and Administration).
Mr Tuju, in his letters, invokes section 14 of the Political Parties Act Cap 7B of the Laws of Kenya and Article 13.3 (1) H. of Jubilee Party Constitution which states as; “Disciplinary action shall be instituted against a member in cases of failure to make remittance or pay dues to the party.”
“We also make reference to your application for Jubilee Party nomination and sponsorship and your committal letter signed by yourself giving an undertaking to abide with all party regulations including payment of subscriptions.”
Notices had been dispatched to the said legislators and that they only have seven days to respond or “face the law.”
It’s said they had ignored a reminder by the Registrar of Political Parties to make their payments to the party and that as such, “we have no other alternative but to take necessary measures against them,” said Mr. Mwanga.
The Political Parties Act and the Jubilee Party Constitution is crystal clear on what they are required to do and failure to observe this will automatically lead to revocation of their names,” said Mr. Mwanga.
Already, five Jubilee nominated Senators are waiting for the party’s disciplinary committee‘s verdict after they snubbed a Senate Parliamentary Group meeting chaired by President Uhuru Kenyatta – Jubilee Party Leader – at State House, Nairobi in May.
Worrying situations at EALA recently are revolving around salaries and Employees of the East African Legislative Assembly are yet to get their June salaries, while members of parliament have gone three months without their full pay as the cash-strapped institution scrambles to put together its 2021 annual budget whose deadline passed last week.
The EALA MPS earn a basic salary of $6,408 plus allowances that could amount to about $14,000. The 54 MPs are entitled to $160 each per sitting.
EAC employees whose renewable contracts ended will no longer be allowed to perform their duties as they are now persona-non-grata at the Community.
The affected staff have also not been replaced following delays in holding of Council of Ministers assemblies as well as the Heads of States summits, creating a human resource crisis for the Secretariat. While passing a resolution to extend the budget reading deadline to end of this month, the EAC legislators also debated the memberships of Burundi and South Sudan, who have fallen far behind in paying up their annual remittances to the EAC — making them vulnarable for expulsion.
The furious MPs passed a resolution to expel the two countries; whose fate now lies in the hands of the EAC Council of Ministers. Mr Aden moved the motion requiring the EAC leaders to consider invoking Article 143 and 146 that calls for suspension and expulsion, from the community, of members who default on their yearly payments.
All member countries are required to pay $8 million annually to the EAC as contributions. But by June 10, Burundi, which joined the EAC in 2007, had arrears spanning two years totalling $15 million.
South Sudan owes the community a total of $27.8 million. The country became the sixth member after joining the regional body in 2016.
Other EAC partner states that have arrears are Uganda with $1.6 million; Rwanda $2.7 million and Tanzania $4.2 million. Kenya is the only country out of the six members that has fully paid its annual contributions and who has exceeded its yearly financial obligations to the EAC by over $1.9 million.
The Senate Select Committee appointed to probe the impeachment of Kirinyaga Governor Anne Waiguru has acquitted her, saying the County Assembly, who were the accuser, did not substantiate charges leveled against her.
According to the committee, the County Assembly did not provide evidence directly linking her to alleged corruption, abuse of office and violation of procurement regulations.
“The Committee having investigated the matter in accordance with its mandate under section 33(4) of the County Governments Act and standing order 75(2) of the Senate Standing Orders reports to the Senate that it finds that the two Charges against the Governor have not been substantiated,” concludes the Committee.
According to the 11-member Committee, the County Assembly did not substantiate allegations that Waiguru was in gross violation of the Constitution for failing to deliver the annual State of the county address for the Financial year 2018/2019 to the County Assembly and undermining the authority of the County Assembly.
“From the evidence adduced before the Committee, the Governor demonstrated that two Annual State of the County Address was made. One albeit was not delivered in the County Assembly. The Committee further noted that there is no county legislation to provide for the content of the Annual State of the County Address as required by
section 30(2)(k) of the County Government Act,” reads the report.
On the allegation of violating procurement regulations, the committee noted that from evidence adduced before it, there was a clear mismanagement of some tenders, but they were not linked to Waiguru thus recommenced that the DCI and EACC delve deeper into the allegations, and using their forensic expertise, identify culprits for prosecution.
“Of the 12 tenders listed in the Motion, the County Assembly only prosecuted four of them. Of the four tenders prosecuted, the Committee notes that there was clear mismanagement of the tender process where tenders were awarded to Companies whose bids were not responsive or where there were clear cases of conflict of interest,” adds the committee.
“In the circumstances, the Committee recommends that investigatory authorities undertake investigations on the same and the culpable officers including the respective Tender Evaluation Committee members be called to account.”
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An alleged Sh10.6 million irregular travel allowance and awarding of multi-million shilling contracts to cronies are some of grounds that was put forward by the Kirinyaga County Assembly to uphold the impeachment of embattled Governor Anne Waiguru.
A charge sheet tabled before an 11-member Senate team that was chaired by Kakamega Senator Cleophas Malala detailed alleged instances of abuse of office and gross misconduct, as well as gross violation of the Constitution.
The governor used her office to improperly confer a benefit to herself when she was irregularly paid for travel allowances by way of imprest amounting to Sh10,634,614 yet she did not travel,” read one of the charges by the ward representatives.
The assembly gave at least 10 instances where the governor invoiced the county for travel allowance payments, and the monies were made available the same day.
The beleaguered county boss was also accused of usurping powers of the accounting officer to establish a tender evaluation committee to serve as a conduit to award tenders to people with links to the county government.
The MCAs claimed that Waiguru installed partisan staff – Pauline Kamau and Gichira Wayne – who took instructions from her on how to award contracts.
Some of the tenders were awarded to firms associated with senior officers in the governor’s administration in an apparent conflict of interest.
The governor was also accused of undermining the authority and oversight role of the county assembly.
The MCAs alleged that the House had been denied opportunity to approve and oversight various development projects undertaken by the county government.
They claimed that Waiguru failed to present her plans and policies to the House for approval, leaving them to be spectators in the running of the devolved unit.
She was further accused of failing to deliver the annual State of the County address to the county assembly, which amounts to a “violation of the doctrine of sovereignty of the people as enshrined in the Constitution”.
The assembly said Waiguru failed to demonstrate respect to the people of Kirinyaga, while at the same time failed to bring honour and dignity to the Office of the Governor and promote public confidence in the integrity of the office.
Waiguru was accused of violating the Public Procurement and Asset Disposal Act 2015 and the Public Finance and Management Act 2012.
Some of the tenders the governor was accused of interfering with include a Sh19,145,740 bid for the proposed upgrading of Kagumo town.
The tender was initially awarded to Joames Investment Ltd, but was undertaken by Master Rock Construction Company, whose bid was non-responsive.
A tender for the construction of Kagia matatu parking phase one was awarded to Jipsy Civil and Building Contractors, which wasn’t a listed AGPO. This was despite the tender being reserved for AGPOs.
The Access to Government Procurement Opportunities (AGPO) programme was set up to facilitate participation of enterprises owned by women, youth and persons with disabilities in government opportunities.
Details indicate that the firm was not the lowest bidder as it charged Sh30,097,476 against the lowest bid of Sh29,661,872.80 by Rowamu Holdings Limited.
A tender for proposed works at Mwea Makima Water Project was awarded to Eva Trading Agencies Ltd.
The company is associated with the family of Chief Officer Finance Mugo Ndathi. His brother, Edwin Gicobi Ndathi, holds 300 shares in the company.
The MCAs said this was in total disregard of conflict of interest rules and in furtherance of a corrupt and joint criminal enterprise overseen by the governor.
Eva Trading Agencies Ltd was further awarded tenders for the Sh9 million Riagicheru Irrigation Water Project and the proposed works for Ngariama Water Project at a cost of Sh11 million.
A tender for installation and commissioning of Integrated Management Information was awarded to Velocity Partners Ltd for Sh50,691,565 despite no work being done. The county government had signed a Sh27 million contract with the firm but paid Sh50 million.
The MCAs said a tender to procure the governor’s vehicle for Sh15 million was also irregularly awarded.
ANNEmployed embattled Kirinyaga Governor Anne Waiguru has stoop to former Prime Minister Raila Odinga in an endeavor to excricate her following imminent impeachment motion that is yet to be debated at the senate.
The duo met on the evening of Thursday, June 11, at a fancy club in Karen with the main agenda reportedly being an appeal to the Orange Democratic Movement (ODM) leader to convocate his allies to water down the motion — This is according to Daily Nation.
Quoting a source that took part in the organisation of the meeting, the publication further indicated that Waiguru was confident with the Kieleweke wing of Jubilee Party in defeating her motion.
She noted that she had also reached out to a number of Jubilee Party allies and needed the help of Raila to retain her job.
Waiguru arrived for the meeting a few minutes before 7 p.m. and was joined by the former premier a few minutes later. The meeting is said to have lasted for more than two hours, ending shortly past 9 p.m.
The pair were joined by Kiambu Governor James Nyoro and his Nyeri counterpart Mutahi Kahiga
It is not rocket science what the meeting was about. She wants to be saved at the Senate. He (Raila) was with his close allies and I don’t need to name names,” stated the source.
The report further indicated that State House might have changed its stance on how it views the impeachment largely after Kirinyaga Woman Representative Purity Ngirici’s assertion that the tussle was between Tangatanga and Kieleweke.
“Waiguru has lost of enemies including in high places. There are those that do not mind if she goes home. However, framing the war as being Tangatanga vs Kieleweke by Ms Ngirici was not wise,” another source stated.
So far, the county boss has suffered two blows since her impeachment was put in motion when 23 of the 33 MCAs in the county voting for her removal while only six abstained.
The embattled Governor had then, on Tuesday, June 9, obtained a court order to block the County Assembly from impeaching her but it was disregarded.
Waiguru claimed that the impeachment was unlawful because the High Court had temporarily stopped assembly proceedings over Covid-19.
Justice Weldon Korir declined to overturn the impeachment of the Kirinyaga governor ruling that the Kirinyaga MCAs didn’t violate any court order and ordered her to cater for the costs of the suit.
Her fate is now in the hands of the Senate after Speaker Kenneth Lusaka on Wednesday, June 10 confirmed receiving her impeachment resolution.
However some of the lawmakers in the senate on their social media platforms questioned the legality of the Kirinyaga county assembly to debate on the impeachment motion despite a court order that barred them from debating on the motion until directed otherwise. An exercise which Senate minority chief whip Mutula Kilonzo termed as contempt of court and disrespect to the constitution and to the judiciary.
The Ford-Kenya leadership row took a new turn on Friday after Political Parties Dispute Tribunal (PPDT) reaffirmed Bungoma Senator Moses Wetang’ula as the bonafide party leader.
During a sitting in Nairobi on Friday, PPDT said that the Wafula Wamunyinyi-led faction will face the disciplinary committee on Tuesday.
“The Wamunyinyi faction will face the disciplinary committee from Tuesday,” Lawyer Ben Millimo for Wetang’ula and Ford-Kenya said
This comes after the Registrar of Political Parties (RPP) Ann Nderitu published a notice of intent, in the Kenya Gazette, seeking views on the proposed replacement of Mr Wetang’ula with Kanduyi MP Wafula Wamunyinyi as the party leader.
Ms Nderitu has since recalled a notice published in the Kenya Gazette, seeking views on the proposed replacement of Mr Wetang’ula with Kanduyi MP Wafula Wamunyinyi as the party leader.
The notice of June 8, 2020, also sought views on the intent to have Mr Mandu Mandu replaced by Ms Josephine Maungu as the Organising Secretary.
Three PPDT members Desma Nungo, Milly Lwanga and Dr Adelaide Mbithi terminated the dispute filed by Ford- Kenya lawyer Eunice Lumallas after the warring factions agreed to have the matter resolved internally.
‘While President Kenyatta may have campaigned for the constitution, it has never stopped him from trampling on it when it served his purposes’— Author
The Constitution of Kenya 2010 is revolutionary in character and transformative in intent. It is revolutionary because it proposes a radical shift from the old order where power centred on the Executive, and transformative in that it is not just a law to Kenyans but a means towards socio-economic emancipation.
The Constitution is also liberal democratic. Above all, it emphasizes individual autonomy which extends to freedom of enterprise — ours is a market-oriented economy which creates a level playing field for all and eliminates surprises. But the man at the bottom had to be taken care of, which is why it leaves a small window of government interference through social welfare schemes.
Implementing such a Constitution is not easy. Kenyans understood that while politicians were needed to stir the revolution and engage the masses in simple language, technocrats were necessary to implement the fine print and ensure that its transformative agenda did not fail. In their heart of hearts, they also knew that politicians are generally averse to reason, hence the reason Article 152 separates administrators from politics.
It was never going to be a popular choice with those in high places, the ones who thrive in chaos. At first, President Uhuru Kenyatta masked his disdain by appointing ex-politicians to cabinet dockets with a promise that they would not engage in politics. With time, the definition of politics became blurred and before long, CSs were spewing bile in rallies claiming that, like every Kenyan, they had freedom of expression including political expression.
It was not an isolated act. While Uhuru may have campaigned for the constitution, it has never stopped him from trampling on it when it served his purposes — from leading Mwai Kibaki into tearing apart the National Accord following the disputed elections of 2007 to the promise, to “revisit” the Judiciary, it has been a litany of orchestrated gaffes. The latest move to appoint an ill-equipped military man to public administration is part of a larger plot to take this country for himself.
To militarize institutions by, among other things, appointing military men to head them is to transform the country into a military dictatorship
A bad picture
Although military men swear their allegiance to the Republic first, in the practical sense their fidelity lies with the President as the commander in chief of the armed forces. It’s worrisome that people who owe their allegiance to an individual — one beholden to the deep state as we have come to understand it — are now tasked with running the affairs of the most important county in the Republic. It’s an absurdity, nay illegality that should concern us all.
In any case, it’s trite practice in liberal democracies like ours for military affairs to be oversighted by political civilian institutions. In Kenya, the military is supervised by Parliament and the Judiciary, which ensure that it aligns its operations with the Constitution. The practice echoes in the Police Service which is also oversighted by the Independent Police Oversight Authority. To militarize these institutions by, inter alia, appointing military men to head them is to transform the country into a military dictatorship.
If we must violate the Constitution, then it must be for men of mettle with a demonstrable ability to discharge the duties bestowed upon them. At the very least, they should be an improvement to their predecessors. Most of those who have heard Gen. Mohammed Abdallah Badi speak and seen him in action — including a top government official who spoke in confidence — will agree that he does not come across as someone intelligent, not even remotely. And besides that perception, he isn’t. His initial operational decisions even in engaging with the county government in general and Governor Mike Sonko in particular are anything but confidence-inspiring.
Gen. Badi has no academic qualifications to write home about. He is an airman, which does not even begin to qualify him for the job at hand. Does he have any unique qualifications? What primarily did he excel at in the Air Force besides mundane cargo and personnel transport assignments? What qualifies him to oversee a budget of some Sh26 Billion — which the National Treasury allocated the Nairobi Metropolitan Services last month?
While it’s not guaranteed that suited technocrats make better leaders, it is very unlikely that a man of limited qualifications and little managerial and political experience like Badi will push the transformative agenda of the Constitution. Nairobi is the most important county in the republic and its health is crucial to the overall wellbeing of the country. It needs a man who can balance between making it attractive to investors and the socio-economic needs of its diverse population in light of its unique problems.
Sonko was good at the latter. Gen. Badi is an expert in neither.
Military men are associated with the National Intelligence Service, which they also largely populate. The role of NIS is known — they are political spies first before they are servants of the Constitution. In a peaceful country such as ours, these are people who earn their living settling political scores on behalf of their commanders. This is the calibre of people now entrusted with running Nairobi County; it is also part of a growing trend where President Kenyatta appoints mediocre individuals to head sensitive dockets. It’s not only an insult to Kenyans, but it also shows how the country is held at ransom by a powerful cabal of selfish individuals and their lobbyists.
The truth of the matter is that Badi is just another pawn in the long game of socio-political and economic domination by the powerful oligarchs of the old. When President Uhuru Kenyatta took over from Kibaki, he promised to serve the Republic and defend the Constitution: he has turned out to be a great president alright, but only for his family and cronies. His nefarious intent is obvious from every policy decision he has taken since he assumed office.
Kenyatta has used state machinery to go after dissenters and business competitors: he has manufactured loopholes for his businesses to evade tax while parlaying as a crusader against wastage and tax evasion; the only obvious result of his diplomatic forays in the region has been the expansion of his dairy empire; he has seconded milk laws that have extinguished his largest competitor in the small scale producer; he has set about aggressively acquiring competition; and, as if that were not enough, he deploys State platforms to push his private business agenda — his unveiling of a beer plant in Kisumu for a company in which he owns stock is a classic example.
The President is increasingly authoritarian. Not only has he backed laws that intrude on privacy but he has also supported legislation that eats into the right to picket and demonstrate. He has made a habit of slighting the Judiciary and, under his watch, seen budgetary allocation to the critical institution fall to an all-time low in recent times. To crown his defiance, he has appointed malleable prefects to oversee the system while discarding all those he does not want like chaff to the wind — all whilst using public funds, and in the name of the presidency.
For those who can recall, the Standard Gauge Railway was never meant to proceed to Kisumu, but then Uhuru personally launched the Senator Keg Brewery in Kisumu and now, thanks to extra debt, the railway is headed west. That it was initially meant to halt at the mooted Industrial Park in Naivasha was bad enough. Coincidentally Naivasha is the home of Delamere, which now forms part of Kenyatta’s ever-expanding milk portfolio. All things considered, it makes sense that Kenyatta stubbornly defends the SGR.
If we must violate the Constitution, let it be for men of mettle who discharge the duties bestowed upon them. At the very least, they should be an improvement to their predecessors.
Back to Badi.
In May 2012 the World Bank released Sh33 Billion to fund the Nairobi metropolitan improvement project — which had been initiated when Uhuru was Finance Minister — specifically for the expansion of sanitation services in Nairobi City. Then-Governor Evans Kidero was opposed to the project. Like Kidero, Sonko was and is also opposed to the eviction of People in Kariobangi and Ruai, which had been earmarked for demolitions. The people now being evicted, through no fault of their own, are understood to have been conned into buying the land, which had been grabbed and sanitised by top-ranking public officials in the Kibaki and Uhuru governments.
After several extension of the said funding, the expiry date of project loan is nigh with little to show of it and the World Bank is stalling on an extra facility worth Sh400 Billion for Affordable Housing unless (the project) is completed. The total cost is Sh600 billion and the overhead will be covered by Kenyans through the controversial Housing Development Fund. On one hand, knowing how important affordable housing is to President Kenyatta — it nest in his Big Four Agenda — Sonko too had to “leave” on account of his opposition to the manner of execution of the project. This is how Badi has come to replace him, particularly on dockets necessary to its implementation. On the other, well-placed sources reveal that a high ranking Jubilee official has already lined up a company to do the project and rake in the kickbacks. It is the reason everyone opposed to the project even in the least, including Cabinet Secretaries, is leaving.
Coincidentally, as all this is happening, the Kenyatta’s are constructing a Sh500-billion private megacity in Ruiru. As reported by the Business Daily, the proposed Northlands City will accommodate an estimated 250,000 people living and working within its boundaries. The project has received massive support from the national government in making it attractive to prospective investors.
In terms of cash injections, tax cuts have been proposed as part of a policy to promote the President’s Big Four Agenda. Kenyans are also sceptical that money from the Housing Development Fund will also be used to fund the business. After all, it bears all the hallmarks of the controversial SGR which, in retrospect, seems to have been built for the Kenyattas.
The general may not be anything else but he is a yes man, and that is enough. At the very least, his presence leaves Uhuru to pursue his desire without all the noise that Sonko was creating.
And urban planners and the National Highways Agency have factored the city in their plans. It is estimated that Northlands will generate up to 30, 000 vehicles per day, spilling onto the Eastern Bypass, and another 27,000 vehicles per day onto the Thika Super Highway. The Northlands industrial Park is a major beneficiary of dualling, with the National Highways Agency also factoring in a key interchange that will connect the City to the Northern Bypass in the ongoing Sh40-billion upgrade of the road into a dual carriageway.
This project, primarily, is the reason Governor Sonko was arm-twisted into handing over the Transport, Health Planning and Development and Public Works and Utilities functions to Gen. Badi. It is also the reason revenue collection was transferred to the Kenya Revenue Authority from the County Government. The general may not be anything else but he is a yes man, and that is enough. At the very least, his presence leaves Uhuru to pursue his desire without all the noise that Sonko was creating.
For Northlands to see the light of day and for his family business to continue enjoying government goodwill, Uhuru has to ensure that he continues at the helm. The Building Bridges Initiative exists for that. But as a guarantee, he also has to maintain control of the Judiciary hence the obvious meddling in the affairs of the Judicial Service Commission.
Meanwhile, the conglomerate continues to grow, all at the expense of the taxpayer. Wittingly or unwittingly, and whether he likes it or not, Badi is just a minute, hired cog in it.
The coronavirus stopped reggae. For the first time in many decades, for a whole month from early March, nobody spoke about politics. It was not even featured on the local news where it has been a mainstay for as long as any of us can remember. Both the Kieleweke – which drives the BBI agenda — and Tangatanga brigades went on mute. Raila Odinga and William Ruto retreated to their cocoons in self-imposed quarantine.
Then, in response to questions about their whereabouts, DP William Ruto came out on April 9th to diffuse speculation that his boss had not only sidelined him but gone on full-throttle offensive. The following day Raila also came out through an interview with a local radio station. His biggest revelation was that the coronavirus was but a half-time break to the BBI show.
Although hushed, politics has returned to the limelight. Initially whispered loudly, it is now apparent that President Uhuru Kenyatta is kicking out DP Ruto’s allies from the government to bring in Raila’s team into a new coalition. Kirinyaga Governor Anne Waiguru came out to confirm that it was the plan from the beginning. Meanwhile, Jubilee Party Secretary-General Raphael Tuju set in motion a plan to kick out Ruto’s allies from the Jubilee Party. The deputy president tried to fight but former president Daniel Moi’s philosophy is emerging in the midst of the storm: every political party has its owners. Jubilee Party belongs to the TNA wing more than it does to Ruto’s URP partner.
It can be extremely difficult but manageable in the long run to govern Kenya without Luo support, but one cannot lead the country without Kikuyu support. The most one can take from the Kikuyu is indifference, not opposition.
So what?
The efforts to push Raila Odinga to the centre of Kenyan politics have been apparent since his March 2018 handshake with Uhuru Kenyatta. It is obvious that Raila is being positioned for the presidency or some other key role in the post-2022 government. A Raila presidency would cure two things. One is that his supporters from Luo Nyanza and the Coast who have always felt sidelined from the core of government since independence will, for once, belong, or at least get the sense they do. It will contain the perennial explosive response from these areas every time Raila loses a presidential election. There will be no more talk or dreams of secession. If it happens, it will heal the wound that has troubled Kenyan politics ever since Jaramogi Oginga Odinga resigned from the government in 1967.
Secondly, the preferred candidate to take over from Uhuru Kenyatta is Gideon Moi: everybody else is a pawn. Power brokers understand what happened to Uhuru Kenyatta in 2002. Uhuru, the preferred successor to the late Daniel Moi, was beaten by a Raila-backed Mwai Kibaki. They also know that Ruto would be the biggest impediment to such a plan if he is left to grow beyond his current reach. The implication here is that Uhuru cannot front the younger Moi against Raila or a candidate backed by Raila. The fact that Raila visited Moi immediately after the 2018 handshake with Uhuru brings this to light. His amenability to supporting Gideon is clear through his indication, during the former president’s burial, that he (Gideon) is free to vie for any seat.
Raila Odinga comes in as a stop-gap candidate, who will hand over the mantle to Moi. This will most likely be in 2027. Raila has been obsessed with cutting the image of an African statesman even if he never becomes president. He can easily leave the scene after one term to cement his place in the league of Nelson Mandela, who also stepped aside after one term. He is at the ‘right age’ — even if he wanted to stay on, he will likely not have the energy for it.
The fall-back plan for the powers that be is to install Musalia Mudavadi in the place of Raila. Musalia is the blue-eyed political boy of the Kenyan masters. He was scheduled to take over from Mwai Kibaki in 2013 on the premise that it would not have looked good for another Kikuyu to succeed Kibaki but the plan fell through on account of the post-election violence cases at the Hague. Mudavadi’s strength is that he has proven to be too loyal to rock the boat. Secondly, his family has a long-standing relationship with the Moi family. His colonial Education Officer father pushed Moi from the classroom into politics. For that, he was rewarded with ministerial appointments when Moi became president. Moi also picked his son to succeed him when he passed away. It would be a walk in the park to have Mudavadi hand over power to his ‘brother’ Gideon.
The handshake gave Uhuru Kenyatta a blank cheque; he can write what he wants because nobody knows what Raila was promised. As far as possible, no backlash is expected for this option from Raila’s side.
Roadblocks
The main challenge to the first option is the Kikuyu’s acceptance of a Raila presidency. It can be extremely difficult but manageable in the long run to govern Kenya without Luo support, but one cannot lead the country without Kikuyu support. The most one can take is indifference but not opposition from Kikuyus. The moment some Kikuyus got the idea that Raila could be the ‘chosen’ presidential candidate in 2022, some vocal politicians like Moses Kuria and Kimani Ichungwa began leading rebels to Ruto’s Tangatanga wing. Kikuyus have the entrenched belief that a Luo cannot lead this country, particularly if that Luo is the ‘vile’ Raila Odinga.
When we witness the common man embracing William Ruto in Central Kenya, it is not out of love for the Duke of Sugoi but their hatred — and fear — for Raila Odinga. Today, the Kikuyu elites have made peace with it and are ready for a Raila presidency for the sake of keeping the country united and peaceful; it is good for their business interests. Their biggest problem now is to uninstall the anti-Luo and anti-Raila operating system they installed amongst their folk, and on which the community has run on for ages. The would-be solution is that what the system wants the system gets
Nusu mkate
This could be the reason for floating a coalition government that has Raila at the top. If it won’t be possible for him to take the ultimate prize, then he can enjoy the trappings of power in a fading Uhuru reign. The BBI train can lead to a constitutional change where a Prime Minister post — a title he has maintained even amongst government officials to date — can be created for him under the more palatable Musalia Mudavadi.
This is the reason I believe that if Raila takes the coalition government option, then his supporters should bury any hopes of a Raila presidency. Raila adopted his father’s gima ichamo ema ikwano funeral dirge chant, which loosely translates to ‘what you have eaten (a bird in hand) is what you can count’. In other words, half a loaf is better than no loaf at all. The handshake gave Uhuru Kenyatta a blank cheque; he can write what he wants because nobody knows what Raila was promised. As far as possible, no backlash is expected for this option from Raila’s side.
The downside to this is that Ruto is being forced down the Jaramogi Oginga Odinga path. His best survival option is to take the Raila Odinga route of perpetual political survival. The end result could be, after many years we may end up in the 2007-2017 post-election valley. In politics, that is a problem to be solved when it arises. Meanwhile, the self-defeatism of ethnic-based political mobilization continues to play out in our faces.
It is not enough for journalists to see themselves as mere messengers without understanding the hidden agendas of the message and the myths that surround it – John Pilger, Australian journalist, writer and documentary filmmaker.
Political reporters sometimes have a hell of a time at their work. Covering Tangatanga and Kieleweke rallies or a political funeral is a piece of cake. Sometimes one doesn’t even have to leave the comfort of their desk. Simply switch on the TV and take your notes from the live coverage.
Or if the new Senate Majority Leader Irungu Kang’ata fires a salvo at Ruto’s allies, you call up Kikuyu MP Kimani Ichung’wa or the cantankerous Kapseret MP Oscar Sudi and tell them ni kubaya. You listen to the fireworks. You have your big story.
The political landscape is full of media-savvy operators who are always willing to give a reporter a comment or gossip on the hottest story of the day. And of course you have those know-all political pundits guaranteed to give cutting-edge analysis of events even in the middle of their sleep.
But sometimes things are not that easy. A closed-door meeting is taking place somewhere and the political reporter has no way of getting in to follow the proceedings. But the story is important.
After the meeting is done, you call up your sources who attended and ask them how things went. You write your story. Happens in political reporting all the time.
But how sure are you that the account you are given is accurate, that your sources are not feeding you – and the public – their own version of the events for their political ends?
Politicians always have an agenda. And would use any opportunity available to pursue it. How does a political reporter make sure what he or she is told, especially under the cover of anonymity, is the truth – or at least they are the facts as they were at an event the reporter never attended?
Jubilee Party leader President Uhuru Kenyatta convened a much-anticipated parliamentary group meeting at State House on June 2. For days, the media had been rife with speculations that MPs allied to Deputy President William Ruto would be purged from House leadership positions and their places taken by Uhuru loyalists.
The story went that all this was part of Uhuru’s ruthless efforts to take charge of Jubilee Party and cut Ruto off at the knees, in a manner of speaking – sorry, writing.
The Nairobi media clergy appeared to agree that among the high profile Jubilee figures to be axed was National Assembly Majority Leader Aden Duale.
Heads were chopped at State House all right but Duale came off unscathed. The news coverage of the event was so confused one was left unsure of how exactly Duale “survived”.
According to the People Daily on June 3, “Aggressive lobbying by MPs and intervention by House Speaker Justin Muturi as well as protests by Somali professionals is said to have saved National Assembly Majority Leader Aden Duale from being kicked out of the powerful position.”
The Star reported that “Secret talks between President Uhuru Kenyatta and deputy William Ruto on Saturday saved National Assembly Majority Leader Aden Duale from the Jubilee purge” (June 3, p.7).
No, it was Jubilee MPs who saved Duale, The Standardclaimed. “At the Tuesday meet, President Uhuru Kenyatta is said to have washed his hands off Duale and asked MPs to do with him as they wished (June 4, p.6).
Daily Nation reported that Ruto saved Duale. “At the end of it all, it took the internal politics of Garissa County, deep family connections and a last-ditch effort by Deputy President William Ruto to save Mr Aden Duale from the ignominy of being kicked out as the majority leader…”
The news website Tuko reported that “Duale wept, begged Uhuru to save him from oust [sic]”.
So, how did Duale survive? What really happened? Difficult to tell. How do you know your anonymous source is not lying? How do you verify accounts of an event you never attended?
It might help to crosscheck with other sources. Otherwise, the best thing is to only publish what can be verified. Everyone understands that journalists are not psychics to read minds.
Those who used to be foot soldiers for President Uhuru and hate his Handshake brother Raila Odinga – most likely have made a shift to the left handman of Uhuru who is Ruto to punish the relationship of the Raila and Uhuru. And believe me not, these are moves not taken on the ground of integrity or ethics or moral values because if it were so, then these footsoldiers would have chose a better figure from the Dynasties but because ‘we’re Africans in Africa and Africa is our business’.
DP Ruto have always been the epicenter of discussion in and out of the government by those who possibly view him as a barricade to their political gangster points or the other way round he is be the bad guy. But what draws attention is the fact that every political big wig from the Executive to the Legislature are all fighting him. From paid bloggers and influencers, mainstream media – majority under payroll to terrify him and his goodwill – bad will agendas.
Everything, every public move he makes, every personal or government project he launches must always be linked to corruption scheme – some proven, some allegations till it has become normalcy. His point men and insiders have been whipped out during his Party Jubilee purge exercise – a move made to silence him for his incorporation, gross misconduct and disrespect for the office of the Presidency. In the latest move the President making his Executive order restructuring his Government and squashing Office of the Deputy President under the Presidency to henceforth be under office of the President Executive implying that DP will no longer have power to hire staff, instead the powers has been designated to head of public service. A move made to weaken his influence and at the same time for Uhuru it will make him respect the powerful office and work strictly under him – under his directive towards his big 4 agenda. Last kicks of a dying horse.
Those fighting the Sugoi man, used to praise him hosanna in the highest and today they’re crucifying him maybe on moral and independent ground or on payroll to do so.
Politics being a dirty game and game of cards – makes nobody better than the other once they’re politicians always and forever they’ll be dirty.
This man is a one man army, potentially a threat to all Presidential aspirants and Deep state in the next 2022 General election and perhaps this is why Political dynasties in the country are ganging up to fight him left right and center.
Like I said before, there is a good number of Uhuru supporters who’ve camped in Ruto’s yard because of Raila and similarly there are a massive number of Raila supporters who hated Uhuru and have shifted to Ruto’s camp because of Raila’s realignment with President Uhuru. That’s the politics of the day. Political slavery.
In Kenya, there is a silent 36.1% that equals 18,551,790 majority group living in extreme poverty in which half of the population are eligible voters that contributes to the 18,000,000 total eligible voters in the country and which am convinced that at least three quarters of the eligible group have bought Ruto’s team hustler narrative and he enjoys massive support of them on the ground.
DP Ruto is being battled by the Cabal in corridors of power that he has ignored to swear allegiance to – and these are the same individuals in the dining table that controls the country indirectly. If you don’t understand the Deep state [a body of people, typically influential members of government agencies or the military, believed to be involved in the secret manipulation or control of government policy]. Deep state is a hidden Government that works within a legitimate Government. They finance the President, chooses a cooperative influential Person of their choice in public domain. A real conspiracy theory.
In a country full of women than men and considering the fact that women are the greatest sympathizers of all time and it is women who are always full of action in that men makes lots of chants, noise, circus, stampede and assailants in the campaign trail but it is only women who come out in large numbers to vote as men get drunk with bribe money and lose themselves – am convinced again Ruto might win their hearts out of sympathy.
It has reached a point where it is evident that “When two bulls fight, it is the grass that suffers”. It has reached a point where the supreme law of the land has become the grass and the two bulls are above the law (grass).
In the past one month, Kenyans have witnessed secret claws of President Uhuru Kenyatta dismantling the political image of his Deputy William Ruto in a move to restructure his Political Coalition party Jubilee and restructure his government to bring order.
Kenyans have witnessed Uhuru Kenyatta exhausting his resources at his disposal to expel his fierce critics from the public service and his own political party. Victims allied to DP Ruto have felt the wrath of bull but Democracy and Supreme law of the land – Constitution has suffered the most. Poor and Double standards.
The Judiciary, Law Society of Kenya and other NGOs have been suddened by most of his recent orders and moves that have greatly undermined the constitution but again he does this in the watch of Attorney General who’s the lead Constitutional adviser to the President and to the Nation.
On Wednesday 3, the President released an Executive order restructuring his government. An order which left public into misinterpretation journey.
“In exercise of the powers conferred by Article 132 (3) (b) of the Constitution, as read with all other enabling laws, I, Uhuru Kenyatta, President and Commander-In-Chief of the Kenya Defence Forces, order and direct that the government shall be organised as set out in this order,” the order reads.
The order assigns functions and institutions among ministries and state departments, and supersedes Executive Order No. 1 of 2018 (Revised) issued in July 2018.
It contains portfolio responsibilities and changes made in the structure of government.
It specifies functions of the constitutional commissions, independent offices, the Judiciary and Parliament.
Among the functions of the Executive Office of the President are overall policy direction and leadership, a role that will be played by the Cabinet.
In a response to his recent public debated Executive order 2020 which was published in May 11 but released to the general public on Wednesday 3 June [ which raises eyebrows], The order, among other things, addresses itself to the Judiciary and Independent Commissions, which is the cause for worry by the Judiciary.
“Direct and coordinate the functions of ministries and government departments” and that the Judiciary does not fall in any of the categories as it is an independent arm of the government.
The Judiciary and the Judicial Service Commission are established under Chapter 10 of the Constitution. The Order cannot restructure or assign functions to the other co-equal and co-substantial arms of government and independent commissions,” he says.
Maraga maintains that the Constitution directly creates the JSC and assigns its functions and powers and therefore the Order only applies to the Executive arm of the Government.
“I want to believe that this was an inadvertent error and that the office of the President will promptly issue a correction,” he added.
At the same time, Maraga urges the government to avoid publishing publications and orders that may cause confusion to the general public.
“This will serve to avoid confusion among members of the public as well as foster the constitutional letter and spirit of separation of powers. It will also avoid the unwitting undermining of the other independent arms of government and institutions,” he says.
According to lawyer Donald Kipkorir; the order will massively affect the operation of the office of Deputy President. For instance, he argues that the budget earlier channelled to that office will be a thing of the past, and hiring of employees will be a reserve of the Head of Civil Service Joseph Kinyua. Just like that, President Uhuru Kenyatta abolishes the Presidency and Office of the Deputy President! … We now have Office of the President …. Joseph Kinyua will be in charge of recruitment and dismissals in the new structure in the Office of the President. What exciting times,” he posted on his Twitter page.
By Executive Order No. 1 of 2013, President Uhuru Kenyatta established The Presidency with Executive Office of the President & Executive Office of the Deputy President …. By Executive Order No. 1 of 2020, he nullified the Order of 2013 & established Office of the President …
— Donald B Kipkorir (@DonaldBKipkorir) June 4, 2020
Law Society of Kenya has not been left behind in this hullabaloo and has since released a statement terming the Executive order unconstitutional and has given the President 7- days ultimatum to rescind or challenge him in court.
“Executive Order No 1 of 2020 is unconstitutional in so far as it purports to place the Judiciary, commissions and other independent offices under the Executive. Unless the Executive Order is rescinded within 7 days the LSK will challenge it in Court”.
Chief Justice David Maraga has taken to task the executive arm of state over the latest Executive Order by President Uhuru Kenyatta on the organization of government.
The order which authorizes the president to direct and coordinate the functions of ministries and government departments according to Maraga has erroneously listed functions that include those of the judiciary, the Chief Justice and the Judicial Service Commission.
The Chief Justice maintains that his office alongside JSC is part of Judiciary and cannot be assigned functions by the executive as they derive their mandate directly from the constitution of Kenya.
The order issued by the President Wednesday evening spells out changes in the structure of government.
In a statement to newsrooms Thursday morning, Maraga says the order cannot restructure or assign functions to the other co-equal and co-substantial arms of government and independent commissions.
“The manner in which the judiciary operates cannot be the subject of an Executive Order made pursuant to Article 132(3)(b) which empowers the President to: “direct and co-ordinate the functions of ministries and government departments.” The Judiciary is neither a ministry nor a government department which can be “organised” by an Executive Order made pursuant to that provision” the CJ says.
Similarly, Maraga says the Executive order cannot restructure or assign functions to JSC or its chairman.
Maraga notes that it was obvious that the order only applies to and is indeed only capable of applying to the Executive branch of government….while calling for a review of May 11, 2020 order.
“While the Executive Order has no legal effect as the Constitution is clear about the creation of the Judiciary and the JSC and their authority and functions, it is important that the public understands, for the sake of our constitutional democracy, that both the Judiciary and the JSC are independent organs which are neither assigned functions nor derive authority from the Executive branch of government,” he says.
The CJ says he believes it was an inadvertent error and that the office of the president will promptly issue a correction.
“It is imperative that this institutional independence is made clear in all official government publications and orders. This will serve to avoid confusion among members of the public as well as foster the constitutional letter and spirit of separation of powers. It will also avoid the unwitting undermining of the other independent arms of government and institutions”.
The Jubilee Party purge has triggered a dramatic falling out within Deputy President William Ruto’s camp in Western Kenya.
His allies are now questioning his silence in the wake of their removal from various positions.
Former Sports Cabinet Secretary Rashid Echesa drew first blood Wednesday when he lashed out at the DP for his silence after Tuesday’s sacking of Mumias East MP Benjamin Washiali as the Majority Whip.
“I am sure if Mr Ruto had pleaded with the President, Mr Washiali would have survived the axe,” Mr Echesa said.
He added: “There has been talk about Mr Atwoli and Oparanya pushing for the changes, but I never saw them at State House. The person I saw was the Deputy President and unfortunately, he didn’t raise a finger on the fate of Mr Washiali”.
The former CS, who is facing criminal charges related to an arms procurement scam, spoke a day after a Jubilee Parliamentary Group meeting made changes to the majority leadership in the National Assembly.
While Majority Leader Aden Duale survived the purge, Mr Washiali and his deputy Cecily Mbarire were not lucky. Navakholo MP Emmanuel Wangwe replaced Mr Washiali, while Igembe North MP Maoka Maore took over from Ms Mbarire.
Mr Wangwe took office with gusto, extending the purge to 16 MPs. He issued the legislators allied to the DP with letters notifying them of the party’s intention to remove them from various House committees.
Among those issued with the letters was Kikuyu MP Kimani Ichung’wa, whose position as the chairman of the Budget and Appropriations Committee now hangs in the balance, unless, of course, he shifts his loyalty to the President in the next seven days.
Other letters the Nation has seen are those of Gatundu South MP Moses Kuria, the vice-chair of the Transport committee, Aldai MP Cornelly Serem (vice-Trade), Bomet Woman Rep Joyce Korir (vice-chair, Labour committee), and Endebess MP Robert Pukose (vice-chair, Health committee).
On Wednesday, Mr Wangwe refused to speak about the changes arguing that he is yet to be confirmed into his position by the Speaker.
But Echesa was unrelenting.
“The DP is the General, and we have been fighting for him. I can’t understand how a General can abandon his troops and remain silent when they are being purged the way we have seen in Jubilee Party,” he said.
According to Mr Echesa, DP Ruto is silent because he thinks he will exploit the sackings in 2022. The DP, he said, had calculated that the sackings would cause anger within the community’s political elite, to his advantage.
He told the DP that he will be disappointed if he expects a fallout within the luhya leadership.
But Mr Washiali rejected the assertion and defended the DP against the claims, noting that the former CS does not understand how the “system” works.
He didn’t not elaborate on what he meant by the “system”, but claimed that he had been shown the door for refusing to execute “dirty” work for some powerful forces in Jubilee.
“The problem is not me; it is my conscience,” he said. “You have seen my successor do funny things like the ones Mr Irungu Kang’ata is doing in the Senate, removing people from committees without any valid reason. That is what I refused to do and that is why I am being punished.”
He said he had done his best during his time in the office and insisted that no one can assume ownership of a public office.
“The office can be taken away any time as it happened. I was prepared for that eventuality,” he said. Using a metaphor of a football team, Mr Washiali argued that even best scorers are rested after scoring goals.
“You score and the coach rests you because he is preparing for the next match. I have a future to look forward to. This is the start of a journey,” he said.
Mr Washiali had earlier blamed ODM leader Raila Odinga for his tribulations.
Describing the Mr Odinga as a stranger in Jubilee, Mr Washiali said the Handshake was a sinister move aimed at humiliating MPs allied to the DP.
“He (Mr Odinga) is a stranger who came to our house to get a go at our parents. To do that, he must obliterate all the children” he said, when he addressed the media at the home of Bungoma Senator Moses Wetangula.
Mr Echesa’s eruption signals tough times in the DP’s base, especially in Western Kenya.
Garissa Township Member of Parliament Aden Duale has accused his Kieni counterpart Kanini Kega of being behind a plot to remove him as National Assembly Majority Leader using uncouth means such as extortion, threats and blackmail.
The plot, Duale alleged, is being conducted behind the back of the Jubilee Party and its leader President Uhuru Kenyatta who he said approved his position and spared him in the recent purge against perceived rebels.
The Garissa Township MP, in a statement released on Wednesday, said Mr. Kega is purporting to collect signatures from other legislators for his removal contrary to the National Assembly Standing Orders.
“He is notoriously known for being the king of extortion who thrives in threats and blackmail. He has perfected the art of extortion so well that all he does is to purport to collect signatures only for him thereafter to solicit for favors from myself and my friends as a bait for withdrawal of signatures,” said Duale.
— Hon. Aden Duale, EGH (@HonAdenDuale) June 3, 2020
“The National Assembly Standing Order 19 is clear on the process for removal of a Majority Leader which is by a majority of votes of all Members of the Majority Party in a Parliamentary Group chaired by the Party Leader and the decision thereafter is communicated by the Majority Whip to the Speaker. There is no place for collection of signatures.”
He added: “What Kanini Kega is however doing is to lie to his colleagues through unknown procedures that he can still have a say in the removal process when he is just playing his usual extortion game.”
He further alleged that Mr. Kega was keen on replacing him as the Majority Leader but was dealt a blow when he (Duale) was endorsed to continue serving in that capacity during the Jubilee Parliamentary Group meeting held on Tuesday.
Duale also accused the Kieni legislator of driving the House Committee on Trade, Industry and Cooperatives – which he serves as Chairperson – to its deathbed using similar “uncouth” antics.
“Hon. Kanini Kega, please note that being a Leader of Majority is not as easy as ABCD. It takes zeal, hard work, servant leadership, expertise, professionalism, experience and having the people of Kenya in your heart,” Duale told the MP.
“Question is if you killed the Committee on Trade which you chair through incompetence can you handle the position of the Leader of Majority Party?”