Tuesday, May 31, 2011
Written By:Nelly Moraa/Glena Nyamwaya, Posted: Tue, May 31, 2011
|Finance Minister Uhuru Kenyatta is required to submit the budget estimates by Tuesday next week|
Written By:Glena Nyamwaya, Posted: Tue, May 31, 2011
|AG Amos Wako says Kenya will appeal Monday's decision to the ICC's Appeal Chamber on grounds of lthe ack of oral hearing to Kenya|
Wako adds that "the Government of Kenya is confident that the Appeals Chamber will not only receive up to date information of the progress of investigations that the Pre-Trial Chamber declined to receive, but that, by the time of the hearing of the Appeal, yet further reform will have taken place demonstrating that these cases can be tried in Kenya itself."
He went on to add that, the ultimate success of the Government's application will depend on the manner, speed, determination and unity with which Constitutional reforms are carried out, in particular Judicial and Police Reforms.
Written By:Nelly Moraa, Posted: Tue, May 31, 2011
|Dr. Khalwale worn the Ikolomani by-election held on 23rd May to retain his seat|
Posted Tuesday, May 31 2011 at 16:43
Posted Tuesday, May 31 2011 at 17:12
Posted Tuesday, May 31 2011 at 15:29
Posted Tuesday, May 31 2011 at 13:19
Kenya has said it will contest the International Criminal Court's ruling that rejected its application to have the Ocampo Six tried locally.
Attorney General Amos Wako also said Tuesday that the country should move with speed to implement reforms that will ensure such an appeal is successful.
Mr Wako expressed surprise that the ICC Pre-Trial Chamber 11 had made its ruling without giving the government an oral hearing.
"I am surprised that the Pre-Trial Chamber 11 reached this decision without according, at the very minimum, an oral hearing to the Government of Kenya. This issue of giving an opportunity to the state Party, which has applied for it, an oral hearing is fundamental to the development of international criminal law," said Mr Wako is a statement.
"The Government of Kenya is therefore reviewing the ruling with a view to appealing against both decisions to the Appeals Chamber of the ICC.
"In this regard, I will be meeting our lawyers, Sir Geoffrey Nice. Q.C. and Rodney Dixon in London on Friday the 3rd of June," said Mr Wako from Geneva, Switzerland where he is on official duty.
The AG said he was confident that by the time of hearing the appeal, Kenya would have carried out further reforms "demonstrating that these cases can be tried in Kenya itself".
He, however, appealed to the government and specifically MPs to drive reforms with "maximum determination" saying that delays and disagreements were likely to hinder a successful government appeal.
"As I have stated before, the ultimate success of the Government's application will depend on the manner, speed, determination
and unity with which we carry out Constitutional reforms and in particular Judicial and Police Reforms."
"Any squabbling and acrimonious debate and delays in timeous implementation of the Constitution only sends negative signal and makes the Government's success difficult."
On Monday, efforts to have the cases pending at the ICC brought back home were thrown out, with the ICC judges finding the government’s grounds for claiming to be serious about punishing crimes against humanity unconvincing.
In one instance, the government gave the court a letter from the Attorney-General ordering the Commissioner of Police to investigate persons to have masterminded the violence.
However, the letter was written after the government filed the case to have the Ocampo Six tried at home.
Judges, in their ruling, also noted that Kenya is short on measures already taken to punish impunity and long on promises of future action.
In the ruling sent to defence teams, Judges Ekaterina Trendafilova, Cuno Tarfusser and Hans-Peter Kaul declared: "The Chamber hereby rejects government request, determines the case is admissible and orders the (ICC) to notify this decision to the Government of the Republic of Kenya."
The Ocampo Six include Finance minister Uhuru Kenyatta, Head of Civil Service Francis Muthaura, Postmaster General Hussein Ali, Eldoret North MP William Ruto, his Tinderet counterpart Henry Kosgey and radio presenter Joshua Sang.
They have since gone before the Pre-Trial Chamber for an initial appearance. Hearings for the confirmation of charges will begin on September 1 and September 21.
Under the new constitution, Treasury has to have presented the budget for public scrutiny in April. It failed to do so leading to the current stalemate. The parliamentary committee on the budget and Treasury officials are expected to come up with a way forward.
The options available are not encouraging either for the continued implementation of the constitution or the continued operations of the governments.
If the budget is not presented by June, government might be forced to a halt and so too will the various commissions that are charged with the implementation of the constitution. The Waheshimiwas, and the civil service will also not draw their salaries unless Parliament votes for a supplementary allocation.
If — as it could well happen — someone went to court and demanded the dissolution of Parliament, fresh elections could not be held as for example, the Independent Electoral and Boundaries commission is yet to be established.
Its these kind of uncertainties and an unwillingness (inability) of the leaders to give direction that creates a sense that this country is sliding into anarchy and confusion.
Quote of the day: "The best government is a benevolent tyranny tempered by an occasional assassination," Voltaire, French Philosopher and writer who died on May 30,1778
Sarah is one of Kenya’s most experienced journalists and indeed among the finest of the lot. Hers is the enduring image of a relic of a nostalgic past where hierarchically, mzungu fashioned him or herself to be deified. That’s how come she holds herself like some sort of a prankster-goddess of media for a specific political axis that thrives, nay is fatally hooked to, rarefied but malodorous propaganda.
A keen devotee of Kenya’s olden day political renegade agenda, Elderkin was the power beneath the wings of Hilary Ng’weno’s authoritative but now defunct news analysis weekly journal, The Weekly Review. She was a key Raila camp communications advisor of the 2007 gone-foul presidential election and most likely behind advisories that led to acidic verbal attacks on ODM’s main competitor back in the day. It may seem Elderkin got stuck in the murk of 2007 never to relent even as the world marched on.
Lest you forget, Elderkin is one of Kenya’s few journalists with a long and rich memory of our country’s socio-political evolution. Unlike her less creative peers, Elderkin deploys finer details in her elephantine memory whenever required to extinguish any competition aimed at anyone or anything she considers to bear the slightest mark of her political camp’s nemesis.
Armed with such vast knowledge and exposure of the makings of modern Kenya, over and above her acidic cynicism, Elderkin takes on just about anyone in the league of her cluster of ‘others’, including President Kibaki, Professor Makau Mutua, DPM Uhuru Kenyatta, but particularly so VP Kalonzo Musyoka. It may seem that of the political lot targeted for Elderkin’s sharp pen, Kalonzo is the enemy Number One. If it is not for the inherent threat he is to Elderkin’s benefactor, I wonder what else could arouse such extreme passions against a seemingly harmless fellow from some far-flung haunt in the depths of Ukambani. But that’s another matter altogether.
Aside from facts, Elderkin’s artistry in the manufacture of poetic propaganda manifests most readily in three unequalled techniques that she employs with much ingenuity in her writing.
One, hyperbole. If there ever was someone who can inflate an ant hill into an Everest without breaking a sweat, then that person is Sarah Elderkin when it comes to reframing facts and personalities. In her remarkably long story-telling career, she has found it most exciting to squeeze a gigantic effigy of particular personages while in her very political backyard she has perfected the art of concealing ugly beasts with admirable skill. Woe unto you if you ever find yourself in Elderkin’s opposing camp — you will be on one of the sharpest receiving ends! It is at such times when Elderkin would elevate disdainful and sometimes outright vile caricatures meant to degrade others as indeed cited in her recent piece on Kalonzo.
Two, redundancy. In the last 20 years, the story of Kalonzo and the land saga has been published three times — all of them by Elderkin. Perhaps the story’s very political barrenness forces her to regurgitate it time and again, hoping it would one day stir the political scene to the disadvantage of Kalonzo. But she has failed miserably, and it shows. A whole generation of young Kenyans (this writer included) has come of age over the past two decades to find Sarah going on and on like what they used to call a broken record when some of us were mere young adults.
Sarah’s sheer obsession with Kalonzo-and-the-land-case is embarrassingly like her Britons’ endless retailing of the story of how they won the football World Cup back in 1966. They will still be telling it in 2066! What’s the problem? Can’t she muck-rake any new dirt on Kalonzo? It’s trite, tiresome and positively morbid the way she carries on about this non-issue and non-subject. And, pray, what would happen if the lady should somehow, against all odds, come up with brand new dirt on the VP — we would no doubt be regaled with the same until 2030 and beyond!
Three, literary animadversion. Sarah’s critical and censorious remarks are designed to disarm and then kill. She opens her piece by denying truthfulness to writer Philip Ndolo and arrogating it to herself. This tactic used to awe village idiots in that long ago time when the mzungu Memsahib and Bwana were they law of the land in this country. It will no longer do. Today, Kenyans have a very keen sense of what it is that they are being sold at any one time by anyone, and not even a deeply and sternly frowning, finger-wagging latter-day Memsahib can intimidate them into not closely examining her wares.
By denigrating Kalonzo across 20 years, Sarah is trying to sell us another political brand — Prime Minister Raila Odinga. She is the ultimate snake oil sales-woman; that is why she begins with ascribing lying and lack of research to the other fellow. But what a waste of sheer effort, for no one who admires Brand Kalonzo can possibly be sold on Brand Raila. Not in this life. And the amazing thing is that the reverse is not true. I rest my case.
Muthui Kariuki is the Communications Advisor in the Vice President’s Office
Miguna Miguna, BA, LLB, LLM. Prime Minister's Advisor, Coalition Affairs, Joint Secretary of the Permanent Committee on the Management of Grand Coalition Affairs
Office Of The Prime Minister Republic of Kenya.The Prime Minister's Building Po Box 74434-00200 Nairobi, Kenya.
So – ‘Ruto under pressure to take on Uhuru’ (Star, May 23). No surprises there, then. It had to happen. For all their purported ‘unity’, each of these two and every one of the so-called ‘G7’ group secretly thinks they should be the next president.
On the ground, their ‘unity’ evaporates like early morning dew in the sunshine. And nowhere are the wounds of past conflict and suspicion as deep and festering as between Ruto’s and Uhuru’s purported supporters in the Rift Valley.
It is notable that none of the ‘prayer meetings’ has been held in the volatile South or North Rift. And have the region’s IDPs felt free to return to their homes? They have not. Many have openly said they are too frightened. This alone tells you all you need to know about relations in the Rift Valley.
At the so-called ‘prayer’ meeting after The Hague appearances, ecstatic youth (looking suspiciously ‘under the influence’) clutched posters bearing Uhuru’s portrait and the word ‘President’. There was the occasional Ruto poster, proclaiming ‘Vice-President’, while poor old Kalonzo Musyoka missed out altogether.
Right there and then, we knew the ‘KKK marriage’ was dead. Kalonzo was always on his own. Saitoti peeled off long ago. Only Eugene Wamalwa is still joyously (naively) embracing his flower-girl role. (And Eugene’s so-called Ikolomani beachhead is a particular joke, seeing that he is not even a member of New Ford-Kenya, which only has two MPs anyway. Is this the force Raila should be afraid of?)
Each of the G7 members holds his plans and strategies close to his chest. During the day, they meet, eat and hug. At night, they separately scheme and conspire.
The Star reported that Ruto’s key advisers are not comfortable with the running-mate role. They want Uhuru to back Ruto for president “in reciprocation for the Kalenjin support in 2002 when Uhuru ran on the Kanu ticket but lost”. You scratch my back, I’ll scratch yours.
But the cracks in the Uhuruto alliance are growing. There is already bickering over parliamentary, senate and gubernatorial seats. Isaac Ruto and Julius Kones are reportedly at each other’s throats over the Bomet County governorship. Uhuru allies recently came to blows within the precincts of Parliament.
Apparently, Ruto thinks he can run for president and, after losing (he expects to come third after Raila and Uhuru), he can be Uhuru’s running-mate for the second-round ballot, when he and Uhuru believe they can defeat Raila.
There is nothing unusual about Ruto’s failing to read or understand the Constitution. After all, he opposed it previously without having read it, if his rally pronouncements during the referendum are anything to go by; what he said then bore little relation to what the Constitution actually states.
But his ‘strategists’ should be telling him that the Constitution is crystal clear on this point. If no one wins an overall majority in the first round of the presidential vote, only the top two candidates and their running-mates will be on the second-round ballot. No change of running-mate is permitted. You have to make up your mind. You either want to be president or deputy president. You can’t vie for both.
And regrettably for Ruto and Uhuru, no Kenyan community will all vote for any particular candidate. Kenya has about 22.4 million potential voters aged over 18 and a few more millions in the Diaspora, bringing that close to 25.4 million in all. Only about 1.3 million of them are Kalenjin. Many might vote for Ruto. But a large number will still vote for Raila.
The much-vaunted Central Province (read Kikuyu) votes total about five million maximum. So, even if all Kalenjin and Kikuyu voters backed Uhuru and Ruto, that would be about 6.3 million out of 25.4 million, leaving 19.1 million votes for harvesting. I believe that whoever is the nationalist presidential candidate in 2012 will get a sizeable number of those 19.1 million votes, and emerge victorious.
Nor are post-election coalitions provided for in the Constitution. You choose your party early (six months before any election, says the Constitution) and then you stick with it, come hell or high water.
That means declared presidential candidate Professor James Ole Kiyapi is already ahead of Ruto. Kiyapi has a party. Ruto does not, despite threatening umpteen times to leave ODM and even saying he is now the leader of UDM. He does not have the courage to actualise these empty-debe pronouncements.
Wamalwa, Saitoti and Uhuru are stewing in the same pot. They have no vehicles to State House. And poor old Kalonzo’s is punctured. Nobody knows who owns PNU or the PNU Alliance, and KKK is a chauvinistic chimera that cannot even take you to the barber shop.
What with all this, and the ICC proceedings still hanging like an albatross round their necks, the two ‘presidential front-runners’ are seeing their 2012 plans turning into a nightmare. Imagine what will happen when Moreno-Ocampo’s evidence (especially those NSIS and CCK dossiers against Ruto) starts dripping like ice on Uhuruto.
The KKK (or is it G7?) boat is taking water alarmingly, even before it sets sail. Its exuberant passengers, like those on the ill-fated Titanic, have been making merry and dancing on the deck as if it was Noah’s Ark. But the dreamboat is fast turning into a shipwreck. The alliance is emerging as the phantom it is, and a phantom never won a presidential election.
Mr Miguna is the PM’s adviser on coalition affairs. The views expressed here are his own.