Nakuru County Politician Gideon Kubai: I’m not the ICC Witness Against William Ruto, Joshua Sang

Gideon Kubai at LaGuardia airport in USA

Gideon Kubai, a Nakuru county politician and the grandchild of former freedom fighter Fred Kubai  has denied that he is the fifth ICC witness testifying against DP William Ruto and journalist Joshua Sang at the ICC.

He's currently in Boston, USA. Kubai is my FB friend and the guest blogger in the previous post Why Jubilee supporters Should Leave the President Alone- By Gideon Kubai.

Here is a transcript of a WhatsApp interview I had with him today at dawn: 

Burning Splint: How long have you been in USA?

Gideon Kubai: Since May this year, first at SIT Graduate Institute in Vermont for a peace and conflict management program then in Boston, Massachusetts.

BS: When are you due to be back in the country and who your visit to USA?

GK: For my personal safety I am not travelling back until the matter is conclusively addressed by security agencies. I intend to attend to this seriously. I will also notify ICC for action from their side. Also note that I fear for the safety of my wife and our two years old daughter in Naivasha.

BS: Back to elections as an MCA: which ward did you contest in, what party did you use and what was the elections results if you can remember.

GK: Maai Mahiu ward in Nakuru county assembly on a Kenya National Congress (KNC) ticket. I polled second but left before i received the IEBC tally.

BS: Ok who won? And going back to the earlier question when were you expecting to be back in the country, that's before the current situation?

GK: A TNA candidate won, although on the second part I prefer not to disclose that at this point.

BS: Ok. Who facilitated the exchange programme which took you to USA?

GK: World Learning sponsors the programme on their campuses in Vermont and Washington DC.

BS: Of course World Learning partnered with an organisation in Kenya.

GK: Vijana na Mageuzi Initiative where i’m a program coordinator, the initiative has been involved in civic education, peace and conflict management projects in the volatile Nakuru county and we started the period after the PEV.

I am also the founder of The Fred Kubai Foundation, which engages in social welfare programme in Naivasha constituency in line with my late grandpa aspirations. I have extensively supported IDPs in Maai Mahiu on education.

BS: Going through the FB profile of the person who posted your photo, he states that he worked for The National Alliance Party. Do you believe TNA is behind this ‘leakage’? And where did he get the photo from?
GK: That was lifted from one of my profile pictures on my FB profile.

BS: Back to my earlier question: Do you believe TNA is behind the leakage? Or do you you’ve an hint of who is involved?

GK: The culprit seem to have a link with TNA/Jubilee online hawks. (You see) people have been critical of me not supporting UK despite our families' history, it was an issue that largely contributed to my election defeat.

BS: What’s your message to the IG of Police David Kimaiyo?

GK: The security machinery should move with speed to protect innocent Kenyans against political extremists both on the ground and on social media platforms. The police's cyber crime unit should double its effort in cracking down on these cyber criminals. Above all Kimaiyo should guarantee safety for my wife and daughter who have already recorded a statement with security agents in Naivasha.

BS: What about a message to President Uhuru Kenyatta and the Government of Kenya?

GK: The president should caution his followers across the country against extreme political stance that could put the safety of any Kenyan in jeopardy. He and all government leaders should adopt and set a rational and non-confrontational tone while addressing the ICC issue.

BS: Any statement to ICC president and prosecutor Fatou Bensouda?

GK: I urge constant vigilance from ICC against all forces that can compromise fair trial and justice for both the suspects and the victims through malicious interference of witnesses and unwarranted propaganda. The ICC should treat these claims brought to its attention with utmost seriousness with a view of punishing the culprits.

BS: Good we are about to finish... But first you worked with victims of PEV in Nakuru county, have you in anyway helped to get witnesses for ICC?

GK: My projects were strictly aimed at fostering reconciliation, urge for peaceful dispute resolution and champion the course of peace. A point of correction I didn't work personally with victims, but my work was at Maai Mahiu which was among places most affected by PEV. These projects were implemented in close conjunction with other stakeholders who included local police and provincial administration.

BS: So you were not involved in any way with the current Kenyan cases at ICC?

GK: Absolutely not!

BS: Thanks sir, I'm done. Do you have any parting shot?

GK: Welcome. I urge Kenyans on social media platforms to exercise restrain during discussions on ICC with sobriety and maturity. They should desist from the temptation to be overzealous and misinform.

BS: Better bro, Good morning (it’s 5:02am). I pray that may God keep your family in Nakuru safe. Have a nice time.

GK: Thanks. We will live through it. Later.

BS: Welcome and amen.

HRW: Uhuru, Ruto Should Cooperate With ICC

Human Rights Watch has urged President Uhuru Kenyatta and his deputy William Ruto to fully cooperate with the International Criminal Court.

The watchdog in an online statement also called on the new government should also uphold and protect the bill of rights as stipulated in the country’s constitution.

“Kenyatta and Ruto should be held to their promises to attend their trials before the ICC,” said Elizabeth Evenson, HRW senior international justice counsel said.

“As president of an ICC member country, Kenyatta should also ensure that his government provides the cooperation it owes the ICC and the support it needs. Victims of Kenya’s post-election violence and their families have already waited more than five years for justice,” she added.

The two including their co-accused Joshua Sang, former Kass FM host have been voluntarily attending ICC proceedings in their cases before the ICC on charges of committing or contributing to the commission of crimes against humanity during Kenya’s election-related violence in 2007 and 2008.

“The new government should also reverse the climate of fear through publicly pledging to help ensure the safety of people who seek to assist justice efforts,” Evenson said.

Earlier there have been concerns on witness protection by Kenyan government with the ICC prosecutor complaining on witness interference.

Witness interference through pressure on witnesses and their families has been blamed for acquittal of Kenyatta’s co-accused Francis Muthaura after a witness feared to come forward and testify against him.

HRW blames lack of government cooperation which has seen witnesses recanting parts of their testimony and admitting to accepting bribes.

Lastly the new government should uphold the bill of rights enshrined in the country’s 2010 constitution to make progress in reform agenda especially police reforms.

“Intimidation of civil society groups increased in the periods before, during, and following the March 4 elections,” HRW indicated.

Threats against civil society activists, media, and ICC witnesses that amount to violations of national law should be investigated and prosecuted, it added.

Manuel Odeny © 2013

Chief Justice's Statement on Judges' Security and Elections

Fellow Kenyans,

I have called this press conference to inform the country of two separate but significant events that have occurred in the past one week. I have considered the possible implications of this public statement, but concluded that given the history of this country, such a public disclosure is warranted, necessary, and proper. This statement does not seek to cause alarm but to strengthen the resolve of each and every Kenyan to protect our Constitution, secure our transition, and affirm our future.

On Monday, February 18, 2013, as I was sitting in the Judicial Service Commission interviews for the recruitment of the Deputy Chief Justice, my office received a poison-pen letter from the Mungiki Veterans Group/Kenya Sovereignty Defence Squad. The letter, which was dated Wednesday, February 13, 2013, makes all manner of threats against the Judges, ambassadors and my person. It warns against an adversarial ruling on the Presidential and Deputy Presidential candidacy of Uhuru Kenyatta and William Ruto. The letter extols the violent ‘exploits’ of the Mungiki movement and threatens dire consequences.

This letter was posted only a day before my departure to Dar es Salaam, Tanzania, where I had been invited by the Tanzanian Constitution Review Commission to a one-day event to share my thoughts and experiences on Kenya's constitutional experience. I was stopped at the Jomo Kenyatta International Airport (JKIA) by an Immigration Officer, who insisted that I could not travel because I had not been cleared by Mr. Francis Kimemia, the Permanent Secretary, Head of the Public Service, and Secretary to the Cabinet. I told the official that there is no constitutional, statutory, or policy basis or requirement that provided for the Chief Justice of the Republic to seek clearance to travel from the Head of Civil Service or anybody.

Further, the said Circular that he was invoking to make this illegal demand and decision did not -- rightly so -- even have the Chief Justice listed among the Public Officials on it. It requires quite some courage, ignorance, or political patronage or a combination of all three for an Immigration officer, on his own motion, to summon the confidence to stop a Chief Justice from traveling, particularly in the face of a nonexistent circular! After much haggling, I did eventually travel. The Immigration Shift Supervisor kept insisting that they were awaiting instructions. However, I still find the insistence on permission from Mr Kimemia bizarre to say the least. Even more baffling was that the Chief Registrar of the Judiciary received a purported ‘Clearance to travel”letter by Mr. Kimemia dated February 14, stating ‘..it has been noted the Chief Justice is travelling to Dar es Salaam, Tanzania’.

Upon landing in Dar es Salaam, I received a telephone call from the Director General of the National Intelligence Service, Major-General Michael Gichangi, apologizing for the 'small hiccup' at the airport. I told the DG that a Chief Justice being gratuitously stopped by anybody from traveling cannot fit the definition of a small hiccup, however generous one may want to be. It has never happened on any of my numerous previous trips. I have, therefore, concluded that this is deliberate harassment; and whereas I was keen to have this resolved bureaucratically, I am convinced it is political, and public accountability requires that I make it public.

These two incidents evidence a pattern of emerging harassment against my person, the Office of the Chief Justice, and the Judiciary -- especially since no fewer than five (5) Judges have been attacked in the recent past, with some involving gun incidence – as we head into the elections.

I, therefore, wish to state as follows:

1. Kenyans have invested heavily in this country's democratization, and this investment has resulted in a new Constitution. This Constitution must be protected and guarded jealously. Threats and intimidation of this nature against the Chief Justice, judges, or any other Kenyan or individual must be resisted actively, and rejected resolutely. I have given most of my life to a better Kenya and if taking it is what will be required to consolidate and secure our democratic gains in this election, or even thereafter, that is a price I am not afraid to pay.

2. I have invested heavily in the past one and a half years in creating a new Judiciary. I have repeatedly given my pledge to the country that the Judiciary will not flinch in interpreting the Constitution as is required, a task we have executed very well. For the 2013 General Election, we have done sufficient ground work to handle both pre- and post-election matters in accordance with the law. On February 28, 2013, we shall hold a special session with all judges of the High Court to give Kenyans a final statement on our preparedness. Therefore, candidates or their supporters -- real or claimed -- should not panic. We shall decide all cases independently, and with scrupulous fidelity to the Constitution and the law. Let no individual, group, candidate, or supporter imagine that cowardly and darkly acts such as these will cower us. We have seen and overcome worse, and we will all soldier on for this country. None will be held hostage by a cabal of retrogrades.

3. The Judiciary has, in a private correspondence, communicated to Mr. Kimemia as to the legal position on the matter of the 'small hiccup' to ensure it never occurs again.

4. I believe that Kenyan security agencies, unless they willfully neglect or refuse to, have the capacity and resources to investigate the sources and partnerships of this threatening letter. To this end, I have this morning sent the letter to the Inspector General of Police, the Director of the Criminal Investigations Department, Director of the National Intelligence Service, and the Director of Public Prosecutions to investigate this matter and give the country a progress report. I am also asking the Inspector General of Police to take the necessary steps to enhance the security of judges and other judicial officers at this time.

5. If anybody, any candidate, any party, any agency, or any other actor thinks that it will bend the ear, mind and resolve of this Chief Justice to do anything that is unconstitutional or illegal, then they are mistaken. On any matter that will come before me or the Supreme Court, I and the Court shall operate strictly within the confines of the Constitution. Intimidation and threats are uninvited guests and will not be hosted in the execution of our mandate.

6. The political class must choose whether, either through direct pronouncements or suggestive behaviour, they want a peaceful, democratic and fair election free from the ring of rigging and intimidation, or whether they want to put the country on a path of violence. Whatever choice the political class and leadership makes, they must remain aware that ultimately, the people of Kenya and the rule of law will triumph. The Judiciary is playing its part in protecting and upholding the Constitution; let Kenyans also do their part.
7. I appeal to Kenyans to hold a peaceful election. It is only by so doing that we shall silence these dark forces of retrogression and also advance our constitutional and democratic promise. My fellow Kenyans, with confidence and tribute to the nation, go and vote for our Constitution. It is the only way to reject those who threaten and proclaim violence as a false choice.

Thank you.

Hon. Dr. Willy Mutunga, D. Jur., SC, EGH
Chief Justice/ President, Supreme Court of Kenya

Winfred Lichuma, Gender Commission chairperson supports Marriage Bill 2012

Wilfred Lichuma

The chairperson of the newly formed National Gender and Equality Commission Winfred Lichuma has supported the Marriage Bill 2012 calling it a positive direction to level the ground for matrimonial engagement.

Lichuma says bill will radically shape the family institution once parliament passes it. She added the bill will secure and define rights of spouses in the context of marriage institution saying the.

“With the proposed law victims will have a recourse backed by law to enable them settle in an environment that is safe, hospital and nurturing,” Lichuma said in a speech read by the commission’s CEO Rose Odhiambo.

“I urge all Kenyans engaging in public debate over the bill to do so with sobriety and I urge MPs to pass the law which is good for us all,”Lichuma added.

Sharing the same sentiments Odhiambo said the call to remove dowry in marriage is positive as it’s blamed for cattle rustling and gender violence as women are equated to property.

The commissioners called on civic bodies and the public to be involved in sensitization programs to read the new constitution which secures gender and equality rights for youths, persons with disabilities, minority and marginalized groups.

“All Kenyans irrespective of their gender, age, tribe and sex should be treated with human dignity as stipulated in the constitution,” Odhiambo said.

The commissioners was addressing residents, public administrators, police officers, paralegals and women at a local hotel in Migori town during the launch of baseline report Elusive Justice: Women’s Experience in the formal and informal justice systems that was carried out in Migori county.

The research was carried out by Foundation for Women’s Rights in Kenya (FWRK).

© Manuel Odeny, 2012

Kenyan Politics: Of Maina Njenga, 2013 Elections and Mutation of the Mungiki sect

Members of the Mungiki sect

Kenyan Politics: Of Maina Njenga, 2013 Election and Mutation of the Mungiki sect

By Murimi Mwangi

I was in Kirinyaga, my home county in 2009 during the bloody war between the outlawed Mungiki Sect and the Kenda Kenda Vigilante Squad, a war which had the blessings of the police and the Provincial administration.

During that bloody conflict I together with other men aged above 17 years were forced to sleep in bushes armed with pangas and other crude weapons away from the comfort of our homes for fear of Mungiki’s attack.

The imminent attack never came but iit did strike at Mathira village in Nyeri County in a grisly manner when 27 innocent Kenyans were hacked to death.

The attack and sad memories of brutality that I have personally witnessed among the sect members has given me a déjà vu with gearing up to next general elections as Mungiki sect is going to bed with politicians, a bad omen for peace.

I’ll start with Mungiki leader (I won’t use former for the sect still exists) Maina Njenga who after dubiously denouncing the sect and camouflaging as a Man of God dines with the high and mighty in the country.

Maina enjoys status despite the indelibility of the innocent blood that still stains his hands. He even met the late Muammar Gaddafi before his demise.

He has shared podiums with parliamentarians, ministers, businessmen, politicians and presidential aspirants.

With this political bed hopping with Mungiki Kenya is breeding a sect which will be more brutal than Mombasa Republican Council (MRC). This will be the worst tragedy if you consider the sect was heavily involved in the last PEV. A clear sign of political manipulation.

With the brutality of Mungiki the country should be ready to wake up to news of headless bodies and kidnapping from the sect.

To get the gist of this post I’ll start with Njenga’s current leadership at Mkenya Solidarity Movement (MSM) party, formally headed by the veteran politician GG Kariuki before he decamped it for Uhuru Kenyatta’s TNA.

Before mutating into a MSM rumours were abound of Maina Njenga weighing his options to either throw his weight behind Uhuru Kenyatta or the Prime Minister Raila Odinga presidential bids.

However, Uhuru Kenyatta, aware of the muck that Mungiki has brought to his name and his presidential bid, denounced the sect. Uhuru then immediately directed the TNA Chairman, Johnston Sakaja to reject Maina Njenga’s friend request during a press conference.

During the recent Kangema by-election that followed the demise of John Michuki, Mkenya Solidarity Movement (MSM) sponsored John Gathongo to face the PNU and TNA candidates. Kangema was considered a TNA or at least an Uhuru stronghold, so ODM declined to sponsor a candidate there.

However, the ODM still financed the MSM candidate. In appreciation of the underground ordeal between ODM and the MSM, Maina Njenga was swift to proffer his appreciation. He immediately declared he would support Raila Odinga’s presidential bid next year.

Prior to all this, Uhuru Kenyatta had received the endorsement of the GEMA association during the Limuru meeting dubbed Limuru 2.

This had angered the the Gitobu Imanyara Meru faction, so the Mungiki sect took advantage of this and staged a Limuru 2B meeting at the same venue, to denounce the endorsement of Kenyatta by the GEMA association. They did this with the support of Paul Muite, Gitobu Imanyara and a few politicians from ODM.

The ODM faction of the government pressurized the government to grant the meeting permit to the organizers of the Limuru 2B.

As it was expected the PNU arm of the government, under which the internal security ministry falls used the police to disrupt the meeting. This received massive criticism from the US and other western Embassies.

Though many might be shortsighted about this, Maina Njenga is a key player in the forthcoming elections.

The presidential campaigns for next year’s elections are built around the politicisation of the ICC, and Maina Njenga could be holding the secret key to Uhuru Kenyatta’s chances.

Uhuru is defending himself in a case at the ICC, for allegedly providing the financial and logistical support to the Mungiki during 2008 retaliatory attacks in Parts of Nairobi and the Rift Valley at the height of Kenya’s post election violence.

That ICC case is the major stumbling block to his presidential candidacy in the forthcoming elections. It is common knowledge that Raila Odinga wants Uhuru and Ruto completely off the presidential race.

And here is where Mungiki’s dalliance with either TNA or ODM looms, let’s consider the facts I’ll postulate here.



Maina Njenga

This is my justification. A high number of youths from central Kenya are Mungiki members, majority of them are poor and uneducated. Additionally, their oath of allegiance to the sect forces them to follow any decrees passed by the sect.



From this basic fact, most of them will blindly endorse the sect’s as it has happened in the past. It is the old politics of who gets what when and how!

It is my plea to the government to clear this sect because it is undergoing resurgence in many parts of central Kenya.



Recently a childhood buddy and a  Mungiki sect member called me over the phone boasting about high underground recruitment and oath taking in Katrina Town which inspired this post, but that’s a post for another day.



The writer studies communication and media at Maseno university wilsonmurimi@yahoo.com

Annan, Bensouda visits show West is meddling in Kenyan internal affairs

Fatou Bensouda

By Mwangi Wilson Murimi

Recent visits to Kenya by the 2008 post-poll chaos chief mediator Kofi Annan, and the ICC prosecutor Fatou Bensouda raise eyebrows. The oddity of some of Annan and Bensouda’s remarks during their visits raise even more eyebrows!

When Annan visited the country early this month he made an outburst that Kenya risked suffering a diplomatic entanglement with the West if either Uhuru or Ruto were elected as president.

This was a statemnet ran against the political freedom of the Kenyan people from whom the legitimate authority of choosing their leaders is derived. It was in fact a flagrant infringement into sovereignty of the country.

While he was justified as the chief mediator in the 2008 post-poll chaos to visit the country and assess the progress of the coalition government, it was competently erroneous for him to flagrantly discredit the candidacy of the two.

Additionally during his visit Annan comment on judiciary, one of the most reformed arms of the coalition government. There has been a general feeling that the comments could have been an inducement for the Kenyan courts to give a verdict that suits the stand of the West on the Uhuru-Ruto candidacy.

The comment must not be taken seriously since the same judiciary has goofed in the recent past in what can be termed as judicial activism by removing the ban on Mombasa Republican Council (MRC) which has been discredited with the recent past by chaos.

There is also a general feeling in part of the country that Chief Justice Willy Mutunga sides with some political class under the reform agenda.

This same feeling, which can’t be set ignored even though it’s a long shot claims Annan on his meeting with Prime Minister Raila Odinga behind closed door meeting talked on issues of the forthcoming elections and not about the coalition government.

Now the recent meeting by ICC prosecutor Fatou Bensouda to visit 2007/08 PEV hotspots and seek cooperation on evidence in Hague cases from the government though good got muddled by her statement like Annan.

In her press statement she spoke of the politicization of the ICC, and exonerated the court from claims of persecuting Kenya or finishing certain tribes.

Bensouda also became a subject in the mouth of Kenyans after her remarks that the ICC would not adjust its calendar to allow the participation of Ruto and Uhuru in the forthcoming elections scheduled for March year didn’t augur well with some Kenyans .

The international community must respect not only the sovereignty of the Kenya but also the right of the Kenyans to exercise their political freedom in choosing leaders.

Although both Annan and Bensouda may be black they work for West backed institutions like UN and ICC who often intervene when West interest are threatened by developing countries.

Like the current escalating cold war between five permanent members of the Security Council on fundamental issues like nuclear arms race, Arab spring, green energy and the rise of China.

China’s economic reputation with bilateral trade with Africa (including Kenya) has irked the West which is sinking in economic crisis which can be used by UN and ICC to meddle with Kenyan elections to bring in West friendly nations.

This is why allegations that the ICC could be used as a tool to settle political scores between Kenya and the West by entrenching a West-Friendly government should not be ignored..

The writer studies communication and media at Maseno University wilsonmurimi@yahoo.com

Tana River violence: Apart from Godhana three other politicians are involved- HRW

Police officers at a scene of tribal clashes in Tana River, HRW says four politicians are involved in the clash over internicine tribal clashes.

The Human Rights Watch, an international watchdog, has called on the government to investigate and prosecute all persons responsible in the Tana River violence.

In an online statement HRW said that apart from Galole MP Dhadho Godhana who was arrested last Wednesday in connection to the violence and sacked as Assistant Minister in Ministry of Livestock Development, there are at least three other politicians involved.

“(Our) research indicates that at least three other politicians may have been involved in inciting or organizing the violence…. and that the police and local administration in Tana River failed to respond to reports from residents over the past six months that violence could be imminent,” it says.

In the statement HRW criticizes the Police for failing to provide adequate security as revenger attacks continue and call on them “to investigate and prosecute all those potentially responsible for crimes, no matter how high-level they are.”

The call comes after President Mwai Kibaki met Coast MPs and said the government will be harsh on politicians who are inciting Kenyans against each other in ethnic lines.

HRW says it carried out research in Tana River in late August and early September to the Tana River clashes which started on 22 last month at Riketa village before September 7, 10 and 11 revenge attacks that have so far claimed 110 lives and displaced 6,000 people.

The research interviewed 16 witnesses from Ormo and Pokomo communities including victims and found that, “area politicians who hoped to win seats in next year’s elections were involved in the violence on both sides… aimed at displacing the supporters of opponents.”

Witnesses reported seeing “Constituency Development Fund vehicles for Garsen (Whose MP is Danson Mungatana) and Galole constituency carrying fuel to Riketa that was later used to burn buildings in the attack.”

The statemnet also points out that Internal Security Minister and Ijara MP Yusuf Haji who has had public spat with Godhana, who hopes to be Tana River County governor has been backing his rival Hussein Dado.

Godhana is facing charges of incitement that led to the September 10 Kilelengwani village attack that left 40 people dead including nine police officers in revenge of an earlier attack at Chamwanamuma which killed at least 11 people.

“Several politicians or political hopefuls have been linked to the violence in Tana River, ending the political violence in Tana River requires bringing to book those behind the clashes on both sides,” Leslie Lefkow, deputy Africa Director at HRW is quoted on the statement.

“For decades the Kenya police have failed to investigate politicians who may be implicated in serious crimes. If they are ready to do so now the authorities must be even-handed and investigate all sides,” Lefkow points out.

© Manuel Odeny, 2012

The Raila Odinga for President Secretariat statement on GEMA and KAMATUSA Tribal Politics

Raila Odinga,presidential aspirant in the next general elections PHOTO/ Courtesy of Capital FM

THIS IS NOT A TRIBAL MOMENT, IT IS KENYA'S MOMENT

 1. We note with profound concern the return of the politics of hostile ethnic polarisation -through Gema and Kamatusa.

2. We have watched in keen silence as the leaders of these organizations have rapidly and dangerously postured in public for a return to their conceptual and injurious roots of the early 1970s and 1990s.

3. From the start, Gema has always been a hegemony outfit. It has been an exclusivist organization, keen on protecting narrow sectarian interests, disguised as community interests, while marginalizing everybody else.

4. In the 1970s, Gema attempted to enforce loyalty through a narrow, stringently imposed, ethnic agenda. It engaged in coercive and widespread oathing of its members. It planted terror and fear in everybody, both within and outside the'so-called Gema communities. This history is well documented.

5. Kamatusa, for its part, came into existence in 1991 in opposition to the democratization of Kenya. In particular, it was stridently opposed to the removal of Section 2A from the Constitution and the opening up of Kenya to multiparty democracy. It demonized the search for good and accountable governance.

6. Kamatusa is notoriously remembered for the Kapkatet Declaration of 1991. This declaration was an edict to the non-Kamatusa communities to leave parts of Rift Valley Province or be forcefully evicted. This was followed by systematic ethnic cleansing in Rift Valley Province. Kamatusa committed heinous crimes against innocent Kenyans. There has been no restitution to date.

7. Over the years, Kenyans who rightfully own property in Rift Valley Province have been steadily traumatized. They have been disinherited of their property by the architects of Kamatusa. Some of these leaders have not hesitated to "inherit", personally, land belonging to evictees. It is appalling that such unjust leaders nurse ambitions of higher national office, including Office of the President.

8. If leaders can rally tribes under dangerous organizations whose history is well known, how more dangerous could they get, should the country suffer the misfortune of having them as President? How many more people would they dispossess of their property and displace, now they brazenly flaunt potentially violent ethnicity with impunity?

9. Gema and Kamatusa were never about representing the poor. Instead, both have oppressed the poor people from the communities they purport to speak for. Both are regrouping themselves around precisely the wicked old objectives and ways.

They are still protecting narrow sectarian interests. In the case of Kamatusa, the injustice of forced evictions and dispossession is once again on the cards. The big irony is that some of those targeted for the next wave of eviction are from the same communities that Kamatusa leaders fraternize with in daytime. They laugh together and hug each other during the day and plot evictions in the night.

Both Gema and Kamatusa are still attempting to enforce loyalty through a narrow ethnic agenda.They are beginning to look like cults that everybody in the tribe must kneel before.

Those who refuse are demonized and terrorized.

10. It is instructive that both Gema and Kamatusa leaders have threatened to take away the right of the people of Kenya to go to free and fair democratic elections. One speaker after the other at the Gema meeting in Limuru last month stated that there would be no peaceful elections in Kenya if Uhuru Kenyatta's name was not on the presidential ballot paper.

This is overt incitement to violence and a threat to the rest of the country. We call upon the Minister for Internal Security to assure Kenyans that they can continue to feel comfortable, at peace, and safe in the belief that they can approach the forthcoming elections without being afraid.

11. Equally instructive is the threat by Kamatusa leaders to disrupt the election calendar (read the elections). They have promised to engage in dangerous ethnic based mobilization to ensure that there will be no elections. Alternatively, they intend to unleash violence during the elections.

The Minister for Internal Security needs to reassure Kenyans against threats of this kind. We have the history of threats of this kind. It informs us that these are not idle threats. Are we safe?

12. We hail leaders from Central Kenya and the greater Mt. Kenya region, as well as those from the North and South Rift who have distanced themselves from the ruinous intentions of the two sinister organizations. This is Kenya's time. It is not a tribal moment. We cherish the pursuit of the Kenyan dream of one people, one nation, one voice.

13. Finally, the time has come when we must say a firm NO to the shameless and cheap propaganda and hate speech that has been spewed against the Prime Minister. The politics of lies, hostility and threat to violence have no room in the democracy that we crave. Democracy must be digniSed.

We are keeping a keen eye on the captains of violent lies and propaganda. We know their history very well. We know the history of Kenya. From now on, we shall no longer quietly stand by as they spin lies and use them to prepare communities for tribal violence. We shall robustly expose them for what they are.

14. Kenyans have the chance to save this wonderful country that God has given us from slipping into the culture of hate and violence of the kind we saw in 2008. It is a culture that has sunk other countries. We have no need for it. We want our children to grown up in a peaceful society where people respect and love each other.

We must begin by rejecting the captains of hate and injustice. We must reject cheap propaganda and dangerous ethnic mobilization. We must reject thos,e with no respect for citizens' rights to life and property; those who believe you have no right to live in some part of the country. This is not a tribal moment. This is Kenya's moment. Let us not lose the moment to tribal chieftains.

The Raila Odinga for President Secretariat

IEBC: For fair elections Kenya, Africa still has a long way to go

Kenyan President Mwai Kibaki votes in a general election

The quest to establish Independent Electoral and Boundaries Commission (IEBC) which saw the interviewing of 44 and 8 commissioners and chair from 427 and 15 applicants respectively. The process was led by Dr Ekuro Aukot.

The commission will afterwards send for approval the commissioners to parliament and three recommended for the position of chair to President Kibaki and Prime Minister Raila who will later forward a name to legislature for further approval.

The major task of IEBC will be to run the first national and county elections in Kenya in a simple, secure and transparent manner to avoid a repeat of bloodshed and rigging which engulfed the country in 2007/08 violence.

Sadly although the process is laudable, Kenya and Africa still have a long way to go for fair elections that can promote democracy even after a century since the first country in the continent gained independence. During the process, the same cocktail of events that saw the now defunct Electoral Commission of Kenya (ECK) led by Samuel Kivuitu putting the country bin chaos is at play again.

Foremost in young democracies like Kenya electoral bodies are weak institutions backed by weak laws and judiciary which makes them prone to interference from politicians. The manner at which election tallying and counting was carried out at KICC and the aftermath avalanche of petitions showed this flaw.

This can be the case if legislations like Political Parties Act still not enacted prior to 2012 which will tie IEBC’s hand in regulating how parties elect candidates and how to settle elections disputes and petitions arising from results.

Equally, vested interests by politicians will risk causing havoc even before the new body is formed. Eldoret North MP William Ruto is leading a section of politicians who vow to vote against the team in parliament. On the other hand the debate of the exact date for next year general election is bound to raise political temperatures further.

Reading danger from these squabbles Koffi Annan, former UN Secretary General, and a member of Eminent Persons that bore the coalition government from 2007/08 violence has warned politicians from interfering with the process.

Lastly tribalism is a thorn to democracy with debate from some quarters observing that even though the gender equality was observed, 50% of some candidates were from one ‘region’ which doesn’t reflect ‘the face’ of Kenya.

These disputes coupled with impunity where violence suspects walk away with prosecution are some of the challenges facing democracy and electoral bodies like IEBC not only in Kenya but also in Africa.

Kibaki and Raila Tussle: When two Elephants Fight…….

 
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Koffi Annan claps as Mwai Kibaki and Raila Odinga shake hands after the disputed 2007 elections

It was a fabulous valentine for me. 2010 lovers’ day was a fantastic day. My investing of time and money to a cause to aid an orphanage with destitute children affected and infected by HIV/AIDS was paying of.

As the Maseno University organizing secretary of the Red Cross society I was putting the final touches of preparation. That is when the SMS alert from VOA alerted me.

The first was about Kenyan president Mwai Kibaki telling 8 key government officials to stand aside for investigation of missing funds of free primary education and the lost maize.

The second proclaimed that agriculture minister William Ruto and education minister (no Prof.) Sam Ongeri. This was to pave way for what Raila termed as ‘free and transparent investigation’. Whatever that means

When I broke the news to my fellow volunteers there was jubilation. The country was pissed off by corrupt government and failed persecution of kingpins.

We hugged happily and lauded the move. That was until three hours later when the state house revoked the move.

Within a short period the country was caught in a frenzy of speculation. The two principals locked horns and the effect was crazy on Kenyans.

Journalists, bloggers, tweeters and facebook were a buzz with what was happening. That is except yours truly The Burning Splint.

I was trying to grapple with reality and seize the story through the media. I lost track. It was the time again as it has been for he last 27 years for a piece of article called constitution to be interpreted,

With politicians most willing to hear themselve talk, the constitution will be interpreted in anyway that suit their interests at the expense of Kenyans.

An African adage goes that when two elephants fight it is the grass that suffers.

When some idiots in a name of Electoral Commission of Kenya (now disbanded) could not count the votes the countries went in fire. In the name of two elephants, Raila and Kibaki is, over 1,500 Kenyans lost their lives. A score of others are still in IDP camps.

Raila silently advised Caroli Omondi and Mohammed Isahakia key officers in Prime Minister Office involved in the maize scandal to step aside. Feeling invisible Raila quoted the national accord and the constitution as giving him power to supervise ministe

And then before you can say PriceWaterHouseCoopers report he flew to Japan.

It took the intervention of outsiders to bring semblance of peace in the country. By making the country go back to where it was: sitting tight and look for calmness as the thieves fleece the country.

They take food from the poor mans mouth. Two academicians not worth to be called professor in charge of ministry of education can’t account for lost money. As donors are pulling out the government promise to look for taxpayers’ money to repay them without accounting for the lost money.

These are some episodes which give me the heart not to go for the voter’s card.