Category: Politics

The process of changing the 2010 Constitution was further opened yesterday after the relevant bill was tabled before the National Assembly and referred to the public for debate in a move that could eliminate some of the hurdles that would have otherwise stood in the way of the much-touted referendum.

House Speaker Justin Muturi, in a communication to the House, referred the bill to the Constitution Implementation Oversight Committee that is chaired by Ndaragwa MP Jeremiah Kioni for  public participation, the first process after the First Reading.

The move came just a day after President Uhuru Kenyatta, in his address during the 57th Madaraka Day celebrations on Monday, said a referendum, which has been a subject of a rift between his allies and those of his Deputy William Ruto, was inevitable in order for the country to get right what it got wrong in 2010 when the current law was promulgated.

The draft law known as the Referendum Bill 2020, if approved by Parliament, will provide for the procedure of the approval of an amendment to the Constitution by a referendum, the conduct of a referendum, which will clear path for a review of the 2010 Constitution, referendum petitions and consequential amendments to the Elections Act.

The Building the Bridges Initiative (BBI) that is a product of the March 9, 2018 Handshake between Uhuru and Opposition leader Raila Odinga has proposed far-reaching changes on the Constitution such as the altering the system of governance to expand the Executive, which will require a referendum to effect.

The Bill also seeks to regulate the procedure to amend the Constitution by popular initiative, whereby it provides for detailed provisions regulating the procedure of the process by creating a legal framework for the regulation of a referendum to make changes of the Constitution.

“It provides for initiation of a referendum, notice of holding referendum, referendum committees, costs of referendum committee, procedure for conduct of referendum, voting threshold, and general powers of the Commission,” reads the proposed law in part.

According to the draft law, the Independent Electoral and Boundaries Commission shall conduct a referendum within 90 days of receipt of a notice under Article 256(5)(a) and Article 257(10) of the Constitution.

IEBC, according to the proposed law, within seven days of receipt of the notice, publish a question to be determined during a referendum in the gazette and in electronic and print media of national circulation for public awareness and may assign a symbol for each answer to a question to be determined as it may consider necessary.

The commission, then shall, within 14 days after publication of the question publish a notice of a referendum and the relevant details  such as  the symbol assigned to each answer, the day on which a referendum will to be held which should not be less than 21 days after the initial notice, polling times and period of the campaigns.

“The commission shall conduct voter and civic education on the question to be determined during a referendum.

Every question to be determined during a referendum shall require the voter to select an answer that is either “yes” or “no”,” adds the Bill in part.-People.

After going silent for sometime, the once great supporter of President Uhuru now turned a fierce critic and ally of DP Ruto, Gatundu South MP is now singing the songs of death. While he’s not openly saying it, he’s reverted to using parables.

“Kungu Karumba, Dr Johnstone Muthiora, Pio Gama Pinto, Tom Mboya, JM Kariuki. The take-home message of the day. The sword never went back without meat. Lord Hear Us.” The MP write on his Facebook. Those he named were victims of assassinations.

“So what after you kill me? Am I the last one who will speak the truth to you and your power ?” He further posted on his social media pages without going into specifics.

Question is who could be after the MPs life that can’t mention his name. Kuria is not new to assassination controversies. The MP was caught on video in 2016 calling for the assassination of Opposition leader Raila Odinga. The video went  viral on social media. He said in Kikuyu dialect;

“My people, I was appointed to speak with these people. Do you think I will deliver? They shouldn’t fear in fact let Orengo, Muthama and their mothers come. They want to stage a gunman tasked to kill Raila and then blame it on me. But he should be careful because he can still bite the bullet. We won’t be troubled by one person forever. He can as well bite the bullet and we bury him next Monday. His protesters will throw stones for just one week and life continues. If it’s war they want it’s what they’ll get. Tell Raila he can bite the bullet but if they want peace they should come and let us negotiate.”

Kuria recently made sensational revelations that Jubilee rigged the 2013 and 2017 elections and together with his Tanga Tanga brigades have vowed to keep on exposing some dirts they have on the state.

First shot

It all began with the first shot being the impeachment of former Kiambu Governor Ferdinand Waititu, who was aligned to the DP’s camp. 

The senate which was holed in a 2-day plenary sitting deliberating the matter voted on three charges he had been accused of: Gross Violation of the Constitution & Public Finance Management Act, Crimes Under the National Law and Gross Misconduct/Abuse of Office.

The first count was supported by 27 senators while the second and third received support from 28.

Only a simple majority of 24 Senators was required to vote in support of the motion for it to pass. 

On the D-Day, both camps were bragging to have the numbers within Jubilee stable. But it turned out the side leaning to the president had an extra hidden card in a deal with the opposition, thanks to the handshake. 

Those who voted in favor of the motion included: Mwashushe Mwaruma (Taita), Mwinyi Faki (Mombasa), Moses Kajwang’ (Homa Bay), Njeru Ndwiga (Embu), Ledama Olekina (Narok), Samson Ongeri (Kisii), James Orengo (Siaya), Samuel Poghisio (West Pokot), Johnson Sakaja (Nairobi), Margaret Jepkoech (Uasin Gishu) Amos Wako (Busia), Enock Wambua (Kitui) and George Khaniri (Vihiga), Mwadzayo Mwachirifu (Kilifi), Cleopas Malala (Kakamega), Okong’o Mogeni (Nyamira), Gideon Moi (Baringo), Boniface Mutinda (Machakos), Reubenson Kibiru (Kirinyaga), Adan Fatuma (Isiolo), Mutula Kilonzo (Makueni), Kimani Wamatangi (Kiambu), Ephraim Maina (Nyeri), Ibrahim Ali (Wajir), Yusuf Haji (Garissa) andBoy Issa Juma (Kwale).

While those against were: Kipchumba Murkomen (Elgeyo Marakwet), Kinyua Nderitu (Laikipia), Mary Yone (Nominated Senator), Moses Wetang’ula (Bungoma), Samson Cherargei (Nandi), Aaron Cheruiyot (Kericho), Hargura Godana (Marsabit), Susan Kihika (Nakuru), Andrew Langat (Bomet), Mithika Linturi (Meru), and Anwar Loitiptip (Lamu). Excluding Senators Beth Mugo(nominated), Isaac Mwaura(nominated), Rose Nyamunga (nominated) Getrude Musuruve (nominated) and Abshiro Halake whom did not vote.

The Second shot

The next contest of numbers came previously when the President’s side finally effected changes in the Jubilee leadership against spirited opposition from the DP’s camp.

When names in the new line-up of the party’s management committee were handed to the Registrar of Political Parties three weeks before, the DP mobilised his troops to petition the registrar not to effect the changes which he termed “fraudulent”. A temporary victory he won.

And to justify the short lived victory he (DP) said in a tweet that 146 Jubilee MPs from both Houses (National Assembly and Senate), or about 70 per cent of the total in the party ranks, had sent objections to the registrar.

Encouraged by the temporary fortunate victory, Jubilee Deputy Secretary-General and Ruto lead spear-carrier, Soy MP Caleb Kositany, boasted his side has the majority and will be proceeding to the next move: to unilaterally convene parliamentary group meeting and “takeover the party”.

Sentiments that revived President’s proxy Jubilee party’s vice-chairman – David Murathe – challenging the DP’s side to “go ahead and takeover the party if they can,” but said without elaborating that “soon they will be hearing from us and it will be a thunderstorm!”

Mr Murathe disputed the figure of 146 MPs the DP claimed had sent objections to the Registrar of Political Parties, which he termed “the work of forgery”.

He said: “People are known by names. The DP should have published names and signatures so that we actually know who is with us and who is against us”.

Little did they know that the Thunderstorm would be a matter of days before it could strike.

The Third shot

 

The removal of Elgeyo Marakwet Senator Kipchuma Murkomen as Majority Leader and Nakuru’s Susan Kihika as Majority Whip. Among the 20 Senators who attended the ouster meeting of former Senate majority leader Kipchumba Murkomen and Majority Chief whip Sen Susan Kohika at State House were DP Ruto’s backyard proxies Nandi Senator Cherargei, Uasin Gishu’s Margaret Kamar and Michael Mbito (Trans Nzoia). 

 

The Fourth shot

Former Senate Deputy Speaker Kithuri Kindiki ouster from office.

He was a member of the flamboyant “Sky Team” which comprised Murkomen, who was then his deputy, Kikuyu MP Kimani Ichung’wa and Moses Kuria, which crisscrossed the country in choppers to campaign for Jubilee and market Ruto as Uhuru’s successor. 

Kindiki’s ruling against Uhuru’s move to take over key operations of Nairobi County through the Nairobi Metropolitan Service as a move that could have angered the President. 

Kindiki, following a motion by Murkomen, ordered an investigation into the President’s conduct in the take over process, and gave the matter to the Devolution and Justice and Legal Affairs committees which, are chaired by Senators Joseph Kinyua (Laikipia) and Samson Cherargei (Nandi), both Ruto surrogates. But Lusaka later suspended the probe whose outcome, it was feared, may have compromised the President’s decision.

Logistics of Numbers

Jubilee, the offshoot of the president’s TNA, Ruto’s URP and 11 other small parties have combined total strength of 171 MPs. 

ODM follows with 76 MPs, Kalonzo Musyoka’s Wiper 23 MPs, and Musalia Mudavadi’s ANC 14 MPs. Moses Wetang’ula’s Ford Kenya has 12, Gideon Moi’s Kanu 10, while 14 MPs came in as independents.

But associates of the DP are quick to dispute the 50/50 strength in the National Assembly on claims that the former URP has significantly penetrated the formerly TNA zones, more so the Mount Kenya region.

The 2013 tally, where TNA and URP were listed as separate entities in the parliamentary tally. TNA chalked up 71 MPs and URP 60. The difference from the total of 171 in the 2017 tally is explained by coming in of the 11 small parties and inroads combined Jubilee made in the opposition zones in the last election.

In Kiambu, only Kikuyu MP Kimani Ichung’wa In Murang’a, it is only Kiharu’s Ndindi Nyoro and Kigumo’s Alice Wahome on his tow. And in Nyeri, there is only Mathira’s Rigathi Gachagua, and in Nyandarua and Kirinyaga, only the woman reps, Faith Gitau and Purity Ngirichi, respectively, are with him. That is only seven out of 38 MPs in Central Kenya

For instance, Uhuru’s Kiambu backyard had 1.18 million registered voters in 2017, which is more than the 1.17 million registered in Ruto’s three topmost strongholds of Uasin Gishu (450,055), Kericho (375,668) and Nandi (346,007).

While Kiambu, with more votes, gave Uhuru 11 MPs, Ruto’s three best strongholds with lesser voters gave him 18 MPs. 

Let’s have a look at the numbers: Uhuru’s share of 85 MPs added to ODMs 75 — that is minus Malindi ODM’s Aisha Jumwa, who long defected to Ruto camp — would make a bloc of 160.

If you throw in Kanu’s 12, and half of the independents (7), that shores the number to 179. And if Kalonzo were to be predictable and stay with Uhuru/Raila line-up, that would make a solid bloc of 202 MPs.

The number would be way above the 175 needed to constitute simple majority in the National Assembly, and only 31 MPs short of the 233 required to make two-thirds majority.

On the other hand, Ruto’s 85, his half share of seven independents, and Musalia’s 14 would give him a bloc of 106. If Wetangula’s 12 MPs were to come on board, he would chalk up a 118 member voting machine — far behind the 202 in the rival camp.

Conclusion

DP Ruto has no numbers apart from illusionary Numbers. He is surrounded by disloyal friends because of his ill gotten wealth. He has lost game of numbers in his own party – time and again. The Cabal doesn’t want him. 

Many words were spoken. Many firsts were witnessed. Many anecdotes were made. Many statements were uttered and many arguments were fronted in the floor of Senate debate during ouster of Senate Deputy speaker Kithuri Kindiki who was successfully impeached. But what stood out to most Kenyans was a statement made by Siaya senator James Orengo comparing Deputy President William Ruto to ‘Rasputin’.

Orengo said, “The problem in Kenya is that we have a Rasputin and a Tsar in the ruling party. But you know that in the end, the Rasputin was killed. Jubilee must decide to have one leader”

*******************

Mr Grigori Rasputin is credited with the fall of the Russian monarchy under its last Tsar, Nicholas II. He became such an invaluable, trusted confidante of King Nicholas II and his wife Alexandra Feodorovna; they unreservedly relied on him for advice.

However, his deceit, overbearing deportment, debauchery and lust, induced by his vantage position played a pivotal role in making the King unpopular.

Rasputin was assassinated in 1916, but his morbid spirit lives on. A reincarnation resides in the current administration; something mirrored in the fact the government is completely impotent, lacking the will to unify the country as statements and the deportment of some of its luminaries increasingly polarises regions. The king, in this case President Kenyatta, is surrounded by people mesmerised by power and so consumed by greed, they are unwittingly rendering him unpopular each day. They will destroy anything and anyone perceived to be an encumbrance to their avarice. For this reason I have said before the war on corruption was lost before it began.

Some assassinations have led to revolutions and collapse of ancient dynasties, while others fundamentally altered national political courses. The assassination of Rasputin in Russia led to the end of the 400-year Romanov dynasty.

Perhaps the assassination with the greatest political impact on our nationhood Kenya was that of Pio Gama Pinto a Kenyan of Goan origin. On February 24, 1965, Socialist-leaning Pinto, a specially elected (nominated) member of the Lower House was shot dead outside his House in Nairobi’s Parklands area.

Pinto had left his house as usual in the morning to take his wife to work and the children to school. He returned shortly before 9am and had a cup of tea. As he drove out of his house, he was shot twice by three men who then fled in a waiting car. His death shocked the nation as such a thing was only last heard of at the height of the Mau Mau war.

In July, two suspects Kisilu Mutua, 18, and Chege Thuo, 19, were arraigned in court but the first witness, chief inspector David Michael Rowe, said that of the 10 fingerprints that had been recovered from the scene of the murder, none matched those of Mutua and Thuo. Chief Justice Sir John Ainley acquitted Chege on July 15, 1965, while Kisilu was sentenced to hang although it was later commuted to a life sentence. After nearly four decades in jail, he was released still maintaining his innocence.

Pinto, who like Jomo Kenyatta had been detained in the fight for Independence, had fallen out with him over money that was to be paid to Mau Mau war veterans and which was allegedly misappropriated by the latter. Prior to his death, it is alleged that Kenyatta and Pinto had exchanged insults and bitter words over the money.

Pinto’s death, however, ended up significantly changing the course of Kenya’s history because his close friend, Joseph Murumbi, himself half Goan, resigned as Vice-President after he realised the real reasons why his friend had died. This paved way for Daniel Moi to be appointed and this significantly altered the political landscape for the next half-century.

Kenya can then be said to be what it is today because of the death of Pinto. If you happen buy the rhetoric that we were the same economic level as Malaysia and Singapore at that time, then we remained poor because Kenyatta and Moi were not motivated by the same priorities as Lee Kuan Yew and others

The talk of bumping off DP Ruto got many thinking especially when Sen James Orengo asked the ruling political divide to choose where they want pledge their loyalty to, either to Ceazer(Uhuru) or Rasputin(Ruto). What would the political fallout look like?

Of course, Uhuru Kenyatta and William Ruto are conjoined by the ethnopolitical formation that brought them to the national scenarios. Their political duopoly was premised on the blood that was shed in the 2007-o8 post-poll violence that saw targeted massive killings on both sides of the divide.

Uhuru Kenyatta and Ruto have since gained significant cross-tribal constituencies, necessitating careful thinking before acting against either. But under the principal of Cui Bono (with benefits), the interests of the few who will benefit from bumping off Ruto, will always overshadow that of the majority who care less who is the next president.

Prince Yusupov, who in part planned the assassination of Rasputin, had hoped that his death would save the Romanov dynasty but they all sank with it. Like Yusupov, Uhuru-Raila – Kenyatta-Odinga dynasties does not seem to have the kind of political capital to withstand massive fallout if Ruto is killed.

Machiavelli himself offers a good word of caution: “Many men have imagined republics and principalities that never really existed at all. Yet the way men live is so far removed from the way they ought to live that anyone who abandons what is for what should be pursues his downfall rather than his preservation…” 

A couple of months back, Deputy President William Ruto made an impromptu stopover in Kikuyu where he checked into this joint for tea and mandazi. With him were Nakuru Senetor, Dynasty Kihika Kimani (Ms), and Kikuyu MP, Dynasty Kimani Ichungwa.

As usual Ruto online battalion went to town big-time, describing him as a down to the ground man who dines with the lowest in the society.

The photos and video backed up the narrative that sold out.

There were however, several facts which the Ruto troopers omitted and deliberately so.

The “tea kiosk” is owned by a guy called Symo wa Mary (Mukurino) the gentleman in a white turban next to the DP.

Symo is the NCDF Secrtary, Kikuyu Constituency and Ichungwa’s righthand man. He is based at the MP’s office where he has worked for the past seven years.

Picking his hotel to host the DP was not just a sudden works of mind, not a coincidence but well planned.

So well planned that the tea and mandaI served to the DP and his entourage was prepared in Symo’s home and taken to the Kiosk.

Everytrhing was set up for the moment of the rolling and clicking cameras and boom!! we all swallowed the PR.

EXIT Symo enter his brother Samuel Njuguna and it gets more interesting.

Njuguna is this guy in a green dust coat conducting the DP through “his” cabbage farm in Kikuyu last week. He and Symo are brothers.

Njuguna is a painter at Gitaru where he resides. But on this day he was conviniently condicting the DP on a visit to a small water dam constructed in their family farm at Nachu where the DP also bought some cabbages as we were told.

The dam is constructed in their farm by the government, just like 100,000 other such dams across the country to harvest rain water and supply it to other farmers.

Ofcourse, just like picking the hotel to host the DP, the choice of the farm to construct the dam and take the benefits thereof was not a coincidence, it was as deliberate as deliberate sounds.

Next visit the DP makes in Kikuyu, he will be launching a small milk cooling plant and will probably to photographed milking a heifer to show “govt” commitment in boosting dairy industry.

You can guess the two brothers who will be the owners of the milk cooler and the heifer, and ofcourse the small godfather behind them. Hustler ni wewe.

With days passing, the President continues to wedge the war on his harsh critics going to show how wide the rift between him and Ruto has become. Ruto who has reduced to staying at his home and not doing any official duty since the start of coronavirus pandemic is an isolated and targeted man.

While himself is yet to be hit, the writing is all on the wall as his foot soldiers get whipped up. Recent casualties includes his close confidant like Murkomen who was dethroned as the leader of majority in the senate.

Today the party has announced that they’ll expel nominated senators who deliberately ignored the president’s PG held in statehouse. The five include; Those expelled: Falhada Dekow Iman, Naomi Jillo Waqo, Victor Prengei, Mary Seneta Yiane and Millicent Omanga.

Political strategists have read that the President is out to completely crush his once close political ally. Left with limited options to keep his political heat up, there’s nothing much he can do with all machinery aimed at him. However, there could be a way out according to David Ndii. When asked on Twitter about the options Ruto has to remain relevant, the economist blatantly said ‘murder his boss’ alluding that the only option is to get rid of Uhuru. Ex-Senator Hassan Omar echoed Ndii’s sentiments.

His comments has attracted different views. “David Ndii has ADVISED William Ruto to Murder his BOSS in order to SURVIVE. Before you ARREST him REMEMBER this: David Ndii has a CLINICAL RECORD of Mental Illness. And this EXPLAINS his NIHILISM and BIZZARE thinking, including SECESSION. The Boy is clinically SICK in the HEAD!“ Said Mutahi Ngunyi.

In yet another relevant comment, Raila Junior is having a little advice for Rutos, “Let tanga tanga accept and move on, 2027 sio mbali, we have other things to concentrate on now starting with coronavirus.” He tweeted.

When it rains, it pours, nominated senators who snubbed the president’s PG have been expelled by the party according to statement issued by SG Raphael Tuju The party to take action against rebels in parliament including recall.

Among those expelled: Falhada Dekow Iman, Naomi Jillo Waqo, Victor Prengei, Mary Seneta Yiane & Millicent Omanga. SG Tuju says they were expelled for Gross insubordination, Gross misconduct & Received messages, did not even bother to send apologies for not attending meeting.

This latest move goes to escalate the scathing war that the statehouse has wedged on the rebels who’re largely allied to DP Ruto. The decision comes after the rebels bragged about statehouse lying and their move to dethrone Murkomen and Kihika was illegal. They moved to court but Senate speaker upheld the decision.

Future now looks terrifying to most of the harsh critics of the president. The war is expected to continue with many court filings in expectations of reversal. David Murathe and Tuju the party officials have been a punching bag for the rebels and they must be happy to have the last laugh.

By Governor Mbuvi Sonko

I’m 100% sure the President is not aware about this but I have been saying the people around my Boss are messing this country.

How on earth do you defy a high court order just the same way they defied an order we secured against the vandalism of the public sanitization booths and send heavily armed police officers to supervise an illegal eviction and demolition during this deadly Covid-19 pandemic period. The elderly, Children and their Mothers are sleeping in the rains, what a curse? Let me study the Rome statues and engage the local and international lawyers to deal with this issue, coz this is a serious crime against humanity and this is the right time PS Interior Karanja Kibicho, Nairobi RC Wilson Njega and Nairobi Regional Police Commander Philip Ndolo MUST be taken to ICC for breaching articles 1.5, 53 and 7(1)(k) of the Rome Statute of the International Criminal Court;

FIND MY ROUGH DRAFT BELOW:

COMPLAINT

BEFORE THE INTERNATIONAL CRIMINAL COURT

(ROME STATUTE, ART. 15.1 AND 53)

PLAINTIFF:

MIKE MBUVI SONKO KIOKO

(ON BEHALF OF THE PEOPLE OF NAIROBI CITY)

DEFENDANTS:

1. ENG. KARANJA KIBICHO,

PRINCIPAL SECRETARY,

MINISTRY OF INTERIOR & NATIONAL COORDINATION

REPUBLIC OF KENYA.

2. WILSON NJEGA,

REGIONAL COMMISSIONER,

NAIROBI CITY REGION,

REPUBLIC OF KENYA.

3. PHILIP NDOLO

REGIONAL COMMANDER,

NAIROBI CITY REGION,

NATIONAL POLICE SERVICE,

REPUBLIC OF KENYA.

A. THE PLAINTIFF

The Plaintiff, H.E. Governor Mike Mbuvi Sonko, is the elected representative of the People of Nairobi City as the current Governor of Nairobi City County with a distinct constitutional responsibility that includes protecting the public health interests of the Residents of Nairobi City under the Constitution of Kenya. The Plaintiff along with his eponymous NGO Sonko Rescue Team has won numerous accolades for his philanthropic and humanitarian activities especially to Nairobi City Residents in need and/or in the informal settlements.

B. THE DEFENDANTS

The First Defendant is the accounting officer of the Ministry of Interior and National Coordination, Republic of Kenya in charge of National Security and bears the overall responsibility for actions and omissions of National Security Officers and Provincial Administration Officials in Nairobi City in the Republic of Kenya. The Second Defendant is the Head of National Security and Provincial Administration in the Nairobi City Area working directly under and reporting to the First Defendant. The Third Defendant is the Commander of National Police Service in the Nairobi Region and is responsible for the Conduct of all police officers in Nairobi City Region.

C. COUNTS

For committing such crime or crimes that are recognized by the Rome Statute and International Criminal Court, including:

a. Crimes against humanity, in violation of Article 7 (1) (k), of the Rome Statute of the International Criminal Court; and

b. Such other crimes for which the Defendants and any of their agents may be responsible in violation of the Rome Statute that may arise from any investigation conducted herewith.

D. PETITION

TO HONOURABLE MRS. FATOU BENSOUDA, INTERNATIONAL CRIMINAL COURT PROSECUTOR

The Plaintiff, MIKE MBUVI SONKO, a natural citizen of the republic of Kenya domiciled in Nairobi, Kenya, comes before the Office of the Prosecutor and this Court, to address violations of art. 7, item “k”, of the Rome Statute and to propose that you investigate, accuse, and indict MR. KARANJA KIBICHO, the Principal Secretary, Ministry of Interior and National Coordination in the Republic of Kenya, who can be found at Harambee House, along Harambee Avenue, Nairobi City and MR. WILSON NJEGA, the Regional Commissioner for Nairobi Region, in Nairobi City who can be found at Nyayo House, along Uhuru Highway and MR. PHILIP NDOLO, the Regional Police Commander, at Nairobi Police Headquarters, along Milimani Road in Nairobi City for committing one or more CRIMES AGAINST HUMANITY by his victimizing the Nairobi City population, particularly the elderly and infirm and residents of informal settlements as is more particularly described herein.

(i) FACTS

The Defendants have jointly and through the police officers and officials under them systematically been targeting and killing people during curfew time from 7PM to 5Am within Nairobi City. Further, the Defendants have been ordering the demolition and vandalization of installed by the Defendants across Nairobi City informal settlements to stop spread of Covid-19 infections especially in congested areas where majority of the population cannot afford or access water and sanitizers for regular sanitizing. As a result of their vandalism, Covid-19 cases have risen in poor neighbourhoods like Kawangware, a slum in Nairobi City. The denial of essential Covid-19 prevention services to the residents in the poor neighbourhoods appear to be calculated by the Defendants who would benefit from administering emergency funds appear to target the poor sections of Nairobi Population who cannot afford self-care to key the virus from their neighbourhoods. Further, the Defendants have been effectively blocking the Plaintiff and his registered NGO from distributing free masks, sanitizers and relief food to the masses for political ends thereby risking the lives of the poor residents in the informal settlements. The Defendants have also deployed intimidation and violence against humanitarian workers of the Sonko Rescue Team to stop them from giving emergency assistance from residents in informal settlements. Finally, the Defendants have been evicting and displacing populations during Covid-19 pandemic without justification for example in Kariobangi North without justification or court order thousands of Nairobi City residents exposed to the deadly virus out in the cold with nowhere to go or forced to move to other neighbourhoods to put up with relatives against social distancing rules.

(ii) CRIMINAL ACTS OF MR. KARANJA KIBICHO, MR. WILSON NJEGA AND MR. PHILIP NDOLO

Contrary to the clear and unequivocal instruction of health authorities worldwide, the WHO and that of all nations that have been or are at the epicenter of the pandemic including Republic of Kenya, the Defendants have persisted in blocking any effort to the public by the Plaintiff and others including the Sonko Rescue Team to reach the congested informal settlement areas in Nairobi City County to supply them basic necessities necessary to prevent spread of the pandemic in the slums. This appears to be a calculated move given that both Mr. Kibicho, Mr. Njega and Mr. Ndolo seem to have a problem with the Plaintiff accessing the informal settlement residents as if they want the pandemic to spread in those areas for them to reap big in emergency funds and grants in event of tragedy. The criminal acts of the Defendants have taken the following forms:-

1. On diverse dates in the Month of March and April 2020, the Defendants have instructed officers to arrest and/or impounded goods worth thousands of dollars including Facemasks meant for supply to the Residents of informal settlements in Nairobi City by agents of the Plaintiff. The Defendants have failed to justify their sinister actions which risk millions of lives with any official position except bureaucracy.

2. On diverse dates in the Month of March and April 2020, the Defendants have instructed their officers and officers working under them to stop the Plaintiff’s agents and officers from fumigating and disinfecting streets and public establishments across Nairobi City informal settlements although this has proven to work to lower the risk of the pandemic in other cities including Wuhan City in People’s Republic of China.

3. On diverse dates in the Month of March and April 2020, the Defendants have through their officers and officials working under them demolished and vandalized installations including sanitization booths installed by the plaintiff in informal settlements across Nairobi City meant to stop spread of Covid-19 pandemic in the congested areas through disinfection of persons entering or exiting those areas. These installations have proved effected in other international cities including Dubai and Doha raising the question why the Defendants don’t want them availed to Nairobi City residents even free of charge.

These actions by the Defendants appear calculated to endanger the life of Nairobi City Residents especially in the informal settlements where the Plaintiff has overwhelming support in an effort to further their well-orchestrated political agenda of punishing a section of Nairobi City Residents for their political choices.

(iii) THE LEGAL PROVISIONS

The Rome Statute in its listing of Crimes Against Humanity provides in Article 7:

“Article 7:

1. For the purpose of this Statute, “crime against humanity” means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:

……………………………………………..

k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.”

The jurisdiction of this Court is fully justified in view of the obviousness of the commission of crimes against humanity by the Principal Secretary of Interior and National Coordination of Republic of Kenya, Eng. Karanja Kibicho and Nairobi Regional of Kenya, Mr. Wilson Njega. It is the position of the Plaintiff that the actions of Mr. Kibicho and Mr. Njega fall within the meaning of “attack” or are tantamount to an “attack” when read in conjunction with the Preamble of the Rome Statute, which recognizes that some crimes that “threaten the peace, security and well- being of the world” must be addressed, making Article 7 applicable to the case at hand.

Materially, the actions of these 3 officials represent knowingly and intentionally causing the spread of contagion, substantially endangering the physical health and well-being of the Nairobi Residents population, exposing them to a lethal virus which has the capacity to swallow the population whole, as already has been seen in several countries. Mr. Kibicho, Mr. Njega and Mr. Mr. Ndolo actions constitute a widespread or systematic attack directed against civilian population under their charge in violation of Article 7(k) of the Rome Statute and is a Crime Against Humanity.

(iv) INTERESTS OF JUSTICE

The gravity and extent of the crimes against humanity committed in Kenya by the Defendants cannot be understated. They are of international concern and the magnitude of the effects of the Defendant’s actions are deadly, but the prospect for his being held accountable at the national level are nil. Hence the need for opening an investigation, leading to Defendants’ prosecution. The victims of Defendants’ alleged crimes will be thousands and could be millions. There is no question the actions of the Defendants will inevitably create a humanitarian crisis, the number of casualties from which will equal or exceed any genocide to have been presented to this Court.

E. ATTACHED DOCUMENTS

Attached is Hardcopy, Softcopy, Audio and Video evidence of the Defendants actions in contravention of the Rome Statute.

F. REQUESTS

Wherefore, the undersigned respectfully request:

a) Your acknowledgement of this Petition and a confirmation of the initiation of your investigation to ascertain the commission of a crime against humanity by Mr. Karanja Kibicho, Principal Secretary, Ministry of Interior and National Coordination in the Republic of Kenya, Mr. Wilson Njega, Regional Commissioner of Nairobi City in the Republic of Kenya and Mr. Philip Ndolo, Regional Police Commander, Nairobi City in the Republic of Kenya.

b) That the International Criminal Court obtain such information from the Government of Kenya regarding this matter, and compel the personal testimony of Mr. Karanja Kibicho, Mr. Wilson Njega and Mr. Philip Ndolo as to their conduct in ordering the demolition of neighbourhoods during Covid-19 Pandemic in Nairobi City’s informal settlement thereby exposing the Residents, banning distribution of facemasks, disinfection of public facilities and vandalizing of sanitization booths set up by the Plaintiff and his organization in line with the global health guidelines of the World Health Organization – WHO in the fight against Covid-19;

c) The trial and conviction of Mr. Karanja Kibicho, Mr. Wilson Njega and Mr. Philip Ndolo for their crimes against humanity, for exposing the lives of Nairobi City citizens, with such actions that are likely to help accelerate the proliferation of the Covid-19; and

d) That Mr. Karanja Kibicho, Mr. Wilson Njega and Mr. Philip Ndolo receive the appropriate penalty for the crimes against humanity that they have committed.

Signed at Nairobi, Kenya on this 5th Day of May 2020.

Mike Mbuvi Sonko Kioko,

Governor of Nairobi City County.

NB: Since some of my lawyers have already been intimidated in pursuing the termination of the deed of transfer of functions. Lawyers willing to help me in pursuing the above matter should contact me through 0739555555/0722886600.

Kuweni na siku njema yenye baraka na Mungu awaepushe na Corona.

The hate these two have for each other is on another level. Ndii unlike Uhuru, doesn’t mince his words and will shoot from the top of his stand. It’s an open secret that he loathes the President.

So during the worker’s day ceremony that was held in Statehouse for the first time with a smaller audience because of the Covid19 pandemic, the President went up in flames with his critics.

“Think before you start talking nonsense, we must protect our economy, this is not the time to be petty!” Kenyatta lashed out at those criticising move to send flowers abroad. The President who looked visibly angry, said those opposed to his move were only being petty and shortsighted, adding that the country ought to look ahead.

“I was amazed when some people said I made a mistake by sending those flowers abroad.  Those flowers employ thousands of Kenyans. People are remembered during calamities. Sending those flowers will make them remember us when the market will open again. They will come back and buy from us because we remembered them at their lowest,” said President Kenyatta.

The President also urged Kenyans to remain hopeful and optimistic in the fight against Covid-19 pandemic that has continued to ravage the whole world.

“Coronavirus will not be with us forever. We want to retain our markets after this pandemic… Think before you post nonsense on social media. We must protect our economy, we must look into the future, and we must look at what we are going to do after we survive…This is not the time to be petty, or cheap. It is time to come together and plan the future of this great land, “added President Uhuru.

Many people took the reference to social media nonsense for David Ndii ego has sustained attacks in the president’s response to the pandemic. Ndii didn’t mince his words as always and hit back to Uhuru.

“Now you cry because your businesses are reporting losses? Six weeks after I urged to roll out measures to protect business and jobs what have you done, other than launch baloons and sending flowers to your masters? Greedy rudderless drunken idiot.” Ndii wrote on his Twitter page in a reply to Uhuru’s outrage.

Let him bring it on, we see who goes down.

— David Ndii (@DavidNdii) May 1, 2020

This is the time to protect people, not economy, you greedy dimwits. https://t.co/f5Ev7jctYJ

— David Ndii (@DavidNdii) May 1, 2020

Joining in attacking Uhuru was Miguna Miguna, “In the world of Macroeconomics, exporting flowers to save the economy is just hogwash. The drunkard must be high on something. Equally, Kenyans supporting this nonsense are just ignorant or selfish.”

DP Ruto seem to have been partially fired or taking self imposed leave. The number in operation has been missing from the government functions furthering the belief amongst many that his relationship with Uhuru is long gone.

While DP and his lieutenants continue to insist that the union is still firm, the body language shows a totally different story. DP has been alienated and now operates from his Karen office where he does nothing but tweeting.

Health cabinet secretary has maintained a daily coronavirus update addresses, Uhuru makes occasional addresses. What’s interesting is neither of these pressers that the DP has appeared which is really weird.

When he resurfaced with his own press address after a public querying over his whereabouts, he danced around their relationship with Uhuru saying that they both can’t be together because of security issues and all. It doesn’t make sense because in other countries like the US we’ve seen the President and his deputy together. If Uhuru can host CSs and governors in Nairobi, there’s no convincing that it can take to believe that at an pandemic time, the DP can’t be seen with his boss.

While face painting continues, DP on the other hand has heightened with Uhuru’s men in jubilee supremacy wars.

Talking of supremacy, Interior CS and the super CS Matiang’i today hosted high delegation to show just how much powerful he’s in the hierarchy. Normally, it would be the President hosting them but since he had met with the governors the day before, then it would’ve made sense if it was Ruto hosting them. But no, it was Matiang’i.

He hosted Cabinet colleagues CS Mutahi Kagwe, CS James Macharia and CS Balozi Yatani and Governors Salim Mvurya, Kwale, Governor Kingi, Kilifi, Hassan Ali Joho, Mombasa, Ali Roba, Mandera and discussed COVID-19 interventions for their counties. This was a cabinet meeting scale. So if Ruto can’t host such functions what then is he left for? Maybe just tweeting as he’s been doing lately.

Deputy President William Ruto and ODM leader Raila Odinga meet at Jubilee Party Sec-Gen. Raphael Tuju’s home in Karen. The two leaders had gone to check up on Tuju, who is recovering following a road accident early last month.

Raila and Ruto have been at loggerheads for the longest time and often hammer each other even apart in their political cocoons.

The two last meet in November during the launch of BBI which has become a bone of contention between the two political giants. With Ruto and his cronies publicly opposing the initiative and Raila headlining the agenda.

When the two met, one could be damned to say they’re sworn enemies but only the ignorant are surprised, these politicians will hurl insults at each other at Uhuru Park them cross over to Serena Hotel on the other side of the road to sip expensive whisky while watching their supporters fight each other.

Pressure continue to pile up on the DP Ruto to resign in what proponents say is cultivation of his track record. In a statement issued today by legislators allied to the President and Raila, they’ve accused the DP of undermining the presidency through his reckless statements that they deem disrespectful.

“The Deputy President William Ruto has declared war against established state institutions some of them which are creatures of the Constitution, just like his high office. The police (which includes DCI), and the Office of the Director of Public Prosecutions are constitutional bodies. The Deputy President is the second highest ranking member of the National Security Council which exercises supervisory control over national security organs and ipso facto he is well placed to deal with questions or challenges that may arise concerning the operations of security organs.

The Deputy President should therefore be the last person to complain against government institutions in funerals and roadside pronouncements with a loud megaphone. That can only undermine the authority and mandate of government institutions and may well constitute an offence against public order.

The Deputy President has questioned the capacity and mandate of the investigatory and prosecutorial organs of state. These persistent attacks have targeted numerous public officers including Fred Matiangi, Karanja Kibicho, George Kinoti and Noordin Haji who serve at the core of public service functions and operations.

He has claimed that the system has been mobilized “to bring him down” and persistently alleged that his life is in danger. In recent attacks he has not spared the Head of State either with a crude and sinister reference to the purported existence of a deep state. These attacks have now peaked with the creation of a team, directly loyal to William Ruto, within the ruling party, with the objective of insidiously eroding the prestige and honour of the President of the Republic and the Leader of his Party and to fight the government from within. This is unacceptable and ultimately renders the government dysfunctional and divided.”

With the drums for Ruto to resign getting louder, Lawyer Miguna Miguna has warned Ruto against succumbing to pressure telling him to stay put. “Don’t make the mistake Jaramogi Oginga Odinga made in 1966. Make sure you sink with Despot Uhuru Kenyatta to the bottom of the abyss. You stole elections and public resources together. You must not allow Uhuru Kenyatta to swim to safety after destroying Kenya.” He told Ruto.

 

Debate on who’s going to be Kenya’s 5th President continues to dominate the political discussions and shows in Kenyan media. As BBI rallies continue to take shape with countrywide campaigns, many are viewing this as a campaigning strategy for 2022 when the general elections will be held.

While many presumed presidential candidates are yet to put an ink on their template, DP Ruto has made it crystal clear that he’ll be going for the country’s top seat to take over from his partner Uhuru.

Uhuru and Ruto both of whom are Jubilee Party partners, have not been enjoying close ties as they did in the back years. Writings on the wall read that the two are in the verge of a fierce breakup which has been in the oven.

While appearing on K24’s Punchline show, seasoned political analyst Mutahi Ngunyi dives into the discussion with Anne Kiguta on whether the DP could be the country’s next President. In his reply, Mutahi said he won’t, “Ruto is my friend, extremely generous…When you see these Kikuyu MPs around him, its because he is generous. But as I have said, you can hire a Kikuyu but you can never buy one. He will not become President in 2022 but one day he will become President.”

He goes further to say, “Ruto will never be the President, he will be made a president. The problem with Ruto is that he advises himself. He needs to look for a mentor.”

In his analysis, Mutahi believes the country’s next president is a boardroom choice of the deep state who’re working day and to ensure Ruto doesn’t become the President. While the DP has been complaining of politicians allied to him being discriminated against in what they claim is biased prosecutions more so on corruption, the worst is yet to come.

DP’s name has been floating around many corruption cases in Kenya including the latest fake arms deal where former CS Rashid Echesa was arrested over. The scam is said to have been brewed in DP’s office and with suspicions that it had his blessings. Ruto is walking on a tight rope, “Ruto will be impeached. You can take that to the bank.” Said Mutahi.

Ruto has been courting the Mt.Kenya voters in a strategy that he hopes to secure a watertight support base, this too Mutahi threw punches to, “If you go to the Kikuyus and tell them that Ruto is a thief, remember that Kikuyus have been called thieves for a long time. Basically, you’re telling them that Ruto is one of them. Those tactics won’t work.”

Mutahi hypothesize that 2022 will be a race between Ruto and Raila with Raila most likely to be the President but with weaker powers hence the BBI to have an executive PM which is likely to be Uhuru’s. “For sure, Raila will run against Ruto in 2022 and there will be a run-off. If Raila and Ruto go into the 2022 election, there will be a run-off. To avoid a runoff in 2022, BBI II will give us a prime minister.” He analyzed.

“Raila’s endgame is State House. It doesn’t matter how he arrives there, whether as an Executive President or a ceremonial one. My view is that Raila will arrive at State House as a ceremonial president. His job will be to kiss babies, do guard of honours and other stuff.” Mutahi said.

By Kamau Ngotho

They couldn’t even allow me to use the bathrooms at the arrivals lounge. If it were today, you would think I had the deadly coronavirus, hence should not be allowed to sneeze in their toilets!

Anyway, I still went ahead to get the story I was looking for, which I retell today together with updates gathered since I first wrote it 16 years ago.

MANCHAM OUSTER

Early morning during Easter holiday in 1977, Seychelles President James Mancham received a cable from his Kenyan counterpart Mzee Jomo Kenyatta.

The Kenyan leader had an urgent message to be personally delivered by his special envoy already aboard a plane to the islands.

Kenyatta’s emissary was Bruce McKenzie, a former Kenyan Cabinet minister and who, it later turned out, doubled up as secret agent of the British, Israel, and South Africa spy outfits.

As he lunched with President Mancham at State House in the capital Mahe a few hours later, McKenzie delivered the message, which was that Kenyan intelligence had information that Seychelles Prime Minister Albert Rene was hatching a plot to topple President Mancham.

The plot had the backing of the Tanzanian authorities and was at an advanced stage.

Kenyatta’s advice was that President Mancham should act first to pre-empt his PM, or live to rue his inaction.

While President Kenyatta wanted the Seychelles President left to decide on his own how best to handle the situation, his envoy, whose abrasiveness matched his massive build and tiger-like walrus moustache, had his own ideas on how to go about it.

He wanted the Seychelles’ head of state to engage the services of a professional assassin, ‘Mad’ Mike Hoare, to sort out his premier.

HIRE ASSASSIN

McKenzie, who was on first-name terms with President Mancham, did not mince words. “Jimmy, you’ll have to do this man in before he does you in,” he said as he pointed his fork at his host when they sat for lunch.

“What I am saying is, you must send someone to shoot the bastard (in reference to Prime Minister Rene).”

“What!” exclaimed President Mancham. “Oh yes”, replied Kenyatta’s envoy without batting an eyelid.

“Once he is dead, get some of your most trusted police officers to plant some guns on his colleagues. After all the bastards have been arrested, you appoint one of your favourite lawyers as the magistrate to try the case.”

As he leaned back in his chair, a grinning McKenzie dropped the punchline: “And make sure your (hand-picked) magistrate is Mr Maximum!”

President Mancham reckoned that much as he didn’t trust his Prime Minister, and much as he had no reason to doubt the intelligence from Kenya, he found the “Final solution” proposed by McKenzie “a bit unpalatable”.

He said killing his prime minister didn’t seem “a conceivable option”.

McKenzie bluntly told him: “You’re the President of Seychelles and ultimately the one to decide on what best to do. But should the worst come to pass, don’t say your friends in Kenya let you down in your hour of need!” They left it at that – and ate their lunch.

***

Two months later, on June 5, President Mancham was in London for the silver jubilee celebrations on the Queen’s coronation.

Also attending the festivity and booked in the presidential suites at London’s Savoy Hotel with Mancham were Kenya’s Vice-President Daniel arap Moi and Attorney-General Charles Njonjo.

At about 3.45am on the third night in London, the telephone rang in President Mancham’s suite.

“Mr President, sorry to bother you, but your friend Adnan Khashoggi (the Saudi Arabian rogue billionaire arms dealer) is frantically trying to get in touch. Please urgently call him at his suite in Paris.”

When he came through, Khashoggi was straight to the point: “I’m sorry to wake you up Mr President, but there has been a coup in your country.”

Numb with shock, Mancham said: “Adnan, this is no time for a joke.”

It wasn’t a joke. Prime Minister Rene, with help from Tanzanian soldiers, had overthrown his government in the Seychelles and taken over as head of state.

Back home, Moi and Njonjo headed straight to State House, Nakuru, to discuss the turn of events in the Indian Ocean archipelago.

Years later, Foreign Affairs minister Munyua Waiyaki, who attended the meeting with President Jomo Kenyatta, recalled to me how Njonjo, at one point, got so emotional and banged the table as he said: “Revenge is a must. That boy (Albert Rene) and his master Nyerere (The Tanzanian President Julius) must one day know who we are!”

Not long after, Jomo Kenyatta died but Njonjo didn’t forget.

***

One morning in May 1981, ousted Seychelles President Mancham, then self-exiled in Britain, got an invitation for lunch by a Njonjo emissary who was well-known to him. They agreed to meet at London’s Holiday Inn Hotel.

Once together, the man from Nairobi told Mancham he wished to introduce him to “an important person”, and together they proceeded to a room on the sixth floor.

On knocking, they were ushered in by a man who introduced himself as Colonel Mike Hoare.

After brief discussions, Mike Hoare looked at Mancham in the eye and asked: “If Albert Rene (the Seychelles President) was to be overthrown today, would you be available?”

After a moment of reflection, Mancham replied: “Mr Hoare, my position is clear. While I have grown accustomed to life outside the islands as a common man, duty still remains duty. But I have told friends I am not in a position to organise or get involved in any adventures.”

Satisfied with the response from Mancham, Hoare replied: “That’s quite okay. The planning and the rest don’t concern you. All I was interested in was to find out your attitude.”

A couple of days later, Mancham got another lunch invitation from two Seychellois, one Paul Chow and another Gerald Hoareau, who were well known to him and to Njonjo. They met at the Swiss Cottage Inn in London.

COUP PLOT

Tensions between the Jubilee party leaders continue to grow as The president Uhuru Kenyatta and his DP William Ruto seemingly disagree on a lot of issues recently. In a closely guarded meeting between the two at statehouse, the rift between the two continued to grow as the DP received a stern lecture from his boss according to inside reports.

Ruto who was summoned in the morning to State House, Nairobi, is said to have been kept waiting for at least two hours after arrival before he could see the president. Emerging reports say that the President used the meeting to express his displeasure with his deputy’s “outright rebellious conduct” and his opposition to Uhuru’s attempt to unite the country by working with Raila Odinga.

People Daily reports that the President told Ruto to his face that he has to stop the insubordination as well as frustrating his (Uhuru’s) unity efforts. “He (Uhuru) told the DP that if he thought he was going to stop him from working with Raila in the unity bid he was daydreaming”.

Ruto is said to have raised concern over Raila’s role in government and had questioned why he seemed to be given immense powers. “He wanted his boss to tell him what role Raila is playing in government, particularly on the issue of senior government officials including Cabinet Secretaries consulting him,” the paper writes.

Addressing Nakuru residents, the President recently warned anyone trying to intimidate him over the BBI. “I will not be shaken. That is the position I have taken and I will move forward in that direction. I want to ensure Kenyans enjoy peace during elections every five years.”

Uhuru has allegedly been expressing his concern over the DP fuelling the rebellion against his attempts to unite Kenyans. Ruto on the other hands says the president is working in cahoots with people determined to make sure the sabotage his 2022 presidential campaigns.

Kenyan Deputy President William Ruto has been throwing hints about people trying to reopen his case against humanity at the International Criminal Court (ICC) on several occasions now.

During a live interview on national television, Ruto claimed that powerful forces were working to revive his case as part of measures to frustrate his 2022 presidential bid, when he hopes to succeed President Kenyatta who is on his second and final term in office.

Talking to newspaper journalists the DP also claimed that a “cabal that went out of its way” to try and stop him and President Uhuru Kenyatta from ascending to power in 2013 was now plotting to block him from the presidency in 2022.

“As of last year, I was having a discussion with the Director-General of NIS (National Intelligence Service), Philip Kameru, and I learned that there are people here who are ready to come and open the ICC cases,” the Deputy President stated.

The Office of the Prosecutor at the ICC has rubbished the claims saying the news are just speculations far from the truth. According to Nation the Office of the Prosecutor said that though the charges against DP Ruto had been vacated, the case would be reopened to future prosecution should new evidence be presented.

Kitutu Chache South MP Richard Onyonka has asked the DP to stop playing the sympathy card by bringing up the ICC case, “The Deputy President is seeking sympathy and at the same time threatening Kenyans,” Onyonka said a recent fund raising organized by Old boys association in Kisii.