Tuesday, 30 April 2013

Chinese in Africa

I read a few articles on my way to work this morning, and was left feeling, what is the Chinese agenda?

I have noticed the increased Chinese presence in Kenya over the years. 

 China commits billions in aid to Africa as part of charm offensive interactive by Claire Provost and Rich Harris

Some quotes below

While some insist the bottom line is China's thirst for natural resources, others argue Beijing's development projects on the continent – from infrastructure to debt relief to providing medical support – are also part of a public diplomacy strategy to build up goodwill and international support for the future.

New Chinese development projects are often announced during high-level visits from state officials, although many never make it past the ceremonial pledges. Researchers found evidence that almost 1,000 projects totalling $48.6bn, are under way or complete. The rest either remain in the pipeline or will never happen.
Many of the cultural and sporting projects across the continent are probably "upfront sweeteners" to win government favour, a "downpayment" for future commercial deals, suggests Stephen Chan, professor at the School of Oriental and African Studies in London.

Africa's future leaders benefit from Beijing's desire to win hearts and minds by Jonathan Kaiman

Some quotes below

China has been courting Robert Ocholla with the awkward intensity of a high-school romance. First it granted the 36-year-old Kenyan agricultural official a full scholarship for a three-year master's degree in Beijing. Then came the comfortable dorm room, the snazzy banquets and the complimentary Peking opera tickets. "Sometimes it's a bit too much," Ocholla said, smiling and slowly shaking his head.

Last summer, the then Chinese president Hu Jintao announced an expansive aid programme that will offer 18,000 government scholarships and train 30,000 Africans "in various sectors" by 2015. Ocholla is one of 63 government officials from Kenya to benefit directly from these promises. Chinese training programmes vary in type and duration, from three-week political tours for ministerial officials to advanced degree programmes for university administrators.
China advertises these programmes as a kind-hearted diplomatic gesture – the terms "equality", "all-round co-operation" and "mutual gain" pepper its state media reports and programme descriptions. Experts say they're a calculated, long-term investment to win the hearts and minds of Africa's future leaders, many of whom fear China's investment in the continent may come with invisible strings attached

Ocholla is adjusting quickly to life in China. His programme at the Chinese Academy of Agricultural Sciences is taught in English. He spends most days studying Chinese language, economics and maize-growing. Though he's awed by the gleaming skyscrapers and well-organised institutions, its dismal environmental record and tight political control give him pause. "If they were to go for a less restrictive, more open system, I think the benefits would be much, much better," he said.

Mahamat Adam, a Cameroonian business consultant and former member of the China-Africa Business Council, said a significant chunk of China's training budget for African officials goes to programmes that only last a few weeks. Their graduates, many of them quite high-ranking, may emerge with a more positive view of China. "But have they learned anything in the way of improving their knowledge, their capacity, their own knowhow?" he said. "I'm very, very sceptical about the impact.
"It must be understood by the Africans, they are not there to do philanthropy or help, they are there to do business. The Chinese are here to work for us, but they're here for their own interests first."

Domestic critics carp over extent of China's munificence towards Africa by Tania Branigan

Some quotes belows 

Is it pure altruism or thinly veiled self-interest? Neither, according to Beijing: aid to Africa, which has doubled in the last few years, is about co-operation and mutual benefit. But if the outside world has become increasingly suspicious about China's involvement with Africa – prompting accusations that its aid strategy is solely about pursuing raw materials or finding work for Chinese firms – some at home have the opposite concern: that it is too generous.
They wonder why a developing country, where almost 100 million rural dwellers were living on less than a dollar a day last year, should be spending so much on helping others.

When appeals for donations were launched after this month's deadly earthquake in Sichuan, critics were quick to suggest that should divert funds from overseas aid.
"This year, we should not give assistance to African brothers. Instead, [the government] should donate to Sichuan," wrote one microblogger.
Another compared the country to a person without sufficient food donning expensive clothes: "It's the same as beggars donating. I don't find it touching," he argued.

Otongolo student gets Mpesa reprieve

Well wishers to pay Otongolo's boys fees

This is so touching, and restores my faith in humanity. God bless all the Kenyans who assisted Daniel.

Monday, 29 April 2013

Secret Mutula died with

There is a secret so big that Makueni Senator Mutula Kilonzo will take to his grave. It is a story he warned Standard reporter Roselyne Obala would shake Kenya.
Though he refused to give details, the late Senior Counsel insisted to Obala the story would not only surprise Kenyans, but could have major consequences.That was on March 28 after Mutula was sworn in as Senator.

Mutula, a straight-talking politician and astute lawyer, told Obala a month before he died that he would reveal to her the secret he bore ‘with time’, but sadly he died before they could meet again. 
On that March 28, after being sworn-in as Senator for Makueni, he said, during a short interview, that he had information that if published in the media, would “cause panic and mayhem”.

Mutula was explaining how they intend to take on the National Government over the implementation of the Devolution, “when he suddenly diverted and stated that there is a lot going on that Kenyans need to know,’’ Obala went on.
Mutula told her that it is no secret that the National Government is trying to frustrate the implementation of Devolved Government. ”

It was at this juncture that his tone changed, he looked serious and stated; “I have information that if I disclose to you Monday, your papers will be burnt the next minute.”
The statement came as a surprise, but when Obala pressed him, because she was curious to know more, and even offered not to name him in the story, Kilonzo retorted: “No, No, No.”
She pleaded with him, saying, “Please Mheshimiwa (Honourable), I will use an anonymous source,” he declined.
When she insisted he reiterated as they walked down the stairs: “Save the company (Standard Group Limited) and yourself.  I promise to give you the information at the right time.”
Those were Mutula’s last words to the journalist as he walked away and, unfortunately, that is where the big story that never came to life ended.

 Quotes from Secret Mutula died with

He has gone to the grave with this secret, or maybe Kenyans will know the truth some day.

Update Related article: Britain to carry out Mutula's Post Mortem . I think it is essential that the family have an independent pathologist.


Sunday, 28 April 2013

Unexplained death of political leaders fuelling conspiracy theories

There is a lot of speculation about Mutula Kilonzo's death. The post mortem will take place on Monday. 
I wait for those results.Kumekucha wonders whether Mutula was murdered. I wonder what happened, and when the news broke yesterday, I could not believe it.

Update Related letter: Mutula's death brings to mind other mysterious ones since independence by Ashford Kimani

Some quotes from the letter below

Mr Mutula had many enemies because he always did not conform to some people’s wishes. His death is quite puzzling since he was not sick. He drove himself to his ranch, inspected flower beds, took supper and retired to bed. He did not complain of any illness, yet he did not wake up!

Kenya has a history of mysterious deaths of prominent people most of which remain unresolved today. The deaths of the late Pio Gama Pinto, Ronald Ngala, Argwings Kodhek, J.M. Kariuki, Tom Mboya, Tony Ndiringe, Mugabe Were, Bishop Alexander Muge and many others are still fresh in many a Kenyans’ minds.

Hardly had the government resolved the circumstances surrounding the late Saitoti’s death when the nation woke up again to another shocking news.

If prominent people can lose their lives just like flies how safe are ordinary wananchi? Why has life become so unpredictable for Kenyans? People are not safe at places of work, and they are not safe in their beds either. Next time one goes to sleep, he is not assured of waking up the following day! Who else will follow suit?

Update related article: Law society calls for speedy probe of  ex-minister's death

Some quotes from the article below

East African Law Society President James Mwamu has called for independent and speedy investigations into the death of Makueni Senator Mutula Kilonzo.
“There were no reports of him being sick. His death is a surprise and shock to the county,” he said in Kisumu.
Mwamu said the death was uncharacteristic, as the deceased was healthy, adding that he had known the Senior Counsel for 21 years.

Saturday, 27 April 2013

RIP Mutula Kilonzo

Kalonzo Musyoka weeps as he breaks news of Mutula's death. This is Mutula Kilonzo's profile.

Mutula never shied from controversy.

Raila Odinga on Mutula Kilonzo's demise

RIP Mutula Kilonzo, Kazi yako was justice.This is a huge loss for Kenya.

Student who left Uhuru in stitches

This guy really made me laugh. He has talent, and his use of words is amazing, with the hidden messages.

Update:I can't believe he is only in Form two. I hope someone helps this guy with the challenges he is facing

Update:In this shorter clip you see him asking the President to tweet him,lol

Shs 1.7B for MP's free sleek cars

Kenya's Human rights priorities for the new administration

This paper sets out four key priorities for Kenya’s new administration and offers recommendations for achieving progress in each area.
I. Uphold Key Rights for Civil Society
Kenya is a state party to United Nations and African regional human rights treaties, and its constitution provides for the freedom of assembly, association, expression, and the media. The new government should enforce these rights and freedoms by promptly and impartially investigating recent incidents of intimidation, ensuring civil society has full freedom to operate, and affirming media freedoms.
Impartially Investigate Death Threats and Other Intimidation against Activists
Kenyan authorities appear to have responded selectively to incidents of intimidation of those using the media following the March 4 elections. Police investigated and arrested three activists and bloggers critical of the way the Independent Electoral and Boundaries Commission (IEBC) conducted the just concluded election. Police have accused them of perpetrating hate speech. However, there have been no efforts to investigate threatening messages in social and traditional media against civil society figures and activists perceived as critics of the new administration or those calling for accountability for the 2007-2008 election violence. For example, two journalists and four human rights defenders in Eldoret received death threats in late 2012 and early 2013 that appeared linked to the ICC’s investigations. Kenyan authorities should impartially investigate all such threats and prosecute those responsible.
Ensure Space for Civil Society
The new government should also ensure continued space for civil society to operate. During the elections candidates made statements critical of civil society, and the manifesto of the now-ruling Jubilee Alliance calls for barring organizations from engaging in “political campaigning” without defining what represents political campaigning. A recent law passed just before the election, the Public Benefits Organization Act 2013, has imposed new registration requirements on nongovernmental organizations.
Protect Media Freedoms
Attacks, intimidation, and threats against investigative journalists or media establishments and editors critical of certain public officials undermine the freedom the media in Kenya has enjoyed in recent years. Authorities should immediately investigate and hold to account those responsible for all forms of attacks on journalists. In January and February 2013 alone, 19 journalists received threats and 1 journalist was found dead under mysterious circumstances.
Bernard Wesonga, a journalist with The Star, an independent daily newspaper, was found dead in his home in Mombasa on March 30, 2013. He had complained to several of his colleagues about threats he had received through texts to his phone in relation to a story on the importation of the expired fertilizer that he was investigating.
In addition, Kenya Television Network (KTN) journalists told Human Rights Watch about threats received after KTN aired on April 7, 2013, an investigative report suggesting that former Kenyan vice president and minister for internal security, Prof. George Saitoti, who died in June 2012, might have been one of a growing number of victims of violence by members of a drug cartel. KTN is a privately-owned television station.
Kenyan authorities should also make clear that restrictions will not be placed on media freedoms, including for foreign journalists. Government officials made a number of threatening statements toward foreign media prior to the elections. In February, the government spokesman, Mr. Muthui Kariuki, allegedly warned foreign journalists that “we will burn you before you burn us,” and just after the March 4, 2013 elections officials of the Ministry of Information and Public Communication threatened to deport foreign journalists.
II. Ensure Accountability for Serious Crimes
Kenya faces enormous challenges in providing accountability for serious crimes. Despite efforts by both governmental and nongovernmental agencies to document violations, there have been worrying gaps, particularly in the following areas.
Killings and Forced Disappearances in Mt. Elgon
Authorities should set up an independent commission of inquiry into crimes committed in Mt. Elgon with the view to holding those responsible to account, including through criminal investigations and prosecutions. As documented in an October 2011 Human Rights Watch report, “‘Hold Your Heart’: Waiting for Justice in Kenya’s Mt. Elgon Region,” some 325 people were forcibly disappeared, 1,000 killed, and thousands tortured, raped, and forcibly displaced by the Sabaot Land Defense Forces (SLDF), a militia group, and the Kenyan military in 2008.
On November 3, 2011, Human Rights Watch and Western Kenya Human Rights, a Kenyan nongovernmental organization, accompanied some of the victims to Chesikaki police station in Western Kenya, where they filed complaints with police, asking for investigations into the disappearances and killings. There has been no further action by the Kenyan authorities to date. In the absence of credible national investigations, the ICC prosecutor should examine whether crimes falling within the ICC’s jurisdiction were committed in Mt. Elgon and consider opening additional investigations in Kenya.
Perpetrators of Post-Election Violence
Kenyan government should urgently investigate and prosecute cases related to the 2007-2008 post-election violence, which resulted in the killing of at least 1,100 people and displacement of 650,000 others. The report of the Commission of Inquiry into Post-Election Violence (CIPEV), known as the Waki Commission, identified a list of those it considered most responsible for the violence in what was described by the Kenyan media as “a secret envelope.”
The ICC prosecutor initially brought cases against six individuals; three—including Kenyatta and Ruto—now face trial. Kenyan media have suggested that the secret envelope could have contained as many as 26 names of high ranking individuals, including some members of parliament. Names in this envelope handed to Kofi Annan have never been made public.
Human Rights Watch is aware of only 7 convictions involving 16 individuals in cases related to serious crimes committed during the election-related violence; a conviction against two individuals in one case has now been vacated. In 2012 the Director of Public Prosecutions (DPP) announced that his office would review at least 5,000 cases with the view to prosecuting them ahead of the 2013 elections, but a committee appointed to review the cases said in August 2012 that it was finding it difficult to obtain evidence and the cases have not proceeded. The committee’s work has not been made public.
As Human Rights Watch documented in a report on accountability for post-election violence, “‘Turning Pebbles’: Evading Accountability for Post-Election Violence in Kenya,” weaknesses in Kenya’s criminal justice system contributed to a paltry rate of convictions for serious election-related crimes. These included police officers’ unwillingness to investigate and prosecute their colleagues; the poor quality of investigations in general; incompetence on the part of some police prosecutors; political influence and corruption to subvert the judicial process; and the absence at the time of an operative witness protection system.
The government should ensure full cooperation with the ICC in its investigations and pending cases (see below). The government should also establish special mechanisms to investigate, prosecute, and adjudicate other cases involving the most serious election-related crimes, using the International Crimes Act and other Kenyan laws, while ensuring that, where possible, cases of lesser crimes or against lower-level perpetrators are effectively handled by the ordinary courts. A unit within a special investigative team should be specifically empowered to investigate police crimes during the post-election violence in 2007-2008 given the scope of police impunity in Kenya.
Human Rights Watch has previously called on the ICC prosecutor to continue investigations into police shootings and other abuses committed during the election violence and to bring additional charges if the evidence indicates that these abuses amount to crimes within the ICC’s jurisdiction.
In November 2012 the chief justice announced plans to establish an International Crimes Division in the Kenyan high court. The Kenyan government should ensure broad public consultation on the establishment of the International Crimes Division.
Extrajudicial Killings
The new Kenyan government should investigate extrajudicial killings by police and prosecute those responsible, and remove them from the police force. It should vet police officers for involvement in extrajudicial killings and other abuses.
Kenya has had an extraordinarily high number of cases of extrajudicial killings by police in the last decade. In November 2007 the state-funded Kenya National Commission on Human Rights (KNCHR) released its report “Cry of Blood: Report on Extra Judicial Killings and Disappearances” in which it found that a hit squad within the Kenya police was responsible for the killing of up to 500 young people and disappearance of many others in 2007.
In August 2008, KNCHR reported that extrajudicial killings by police continued. Two NGOs, Oscar Foundation, an NGO that provided legal aid to victims of human rights violations, and Independent Medico Legal Unit (IMLU), have also documented a high number of cases of extrajudicial killings in the last five years.
In 2009 the UN Special Rapporteur on extrajudicial, summary or arbitrary executions, Philip Alston, also found that “death squads” operating at the behest of senior police officers, including the police commissioner, were responsible for extrajudicial killings in Kenya. Prof. Alston also recommended independent investigations into extrajudicial killings by police and death squads in Nairobi and Central Kenya.
To date, there have been no meaningful attempts by the Kenyan authorities to create mechanisms for independent investigations that would lead to the prosecution of those responsible for extrajudicial killings.
Abuses against Ethnic Somalis
The new government should ensure accountability for abuses by the Kenyan security forces, including police, against ethnic Somalis, both Kenyans and refugees, particularly in northern Kenya.
The October 2011 Kenyan military intervention in Somalia has prompted retaliatory grenade and gun attacks by suspected supporters of al-Shabaab, the militant Somali Islamist group. Many of the attacks have targeted Kenyan government installations or individual police and military officers. The Kenyan security forces have often responded with excessive force, beating, raping, arbitrarily detaining, and killing civilians in northern Kenya. Human Rights Watch has in 2012 documented these reprisals in a report titled “Criminal Reprisals: Kenyan Police and Military Abuses against Ethnic Somalis.”
The Kenyan military’s initial response to the findings of this report was encouraging. A military board was established to investigate the abuses and the military promised to hold those responsible to account. Members of this board visited and talked to Human Rights Watch as part of preliminary investigations in mid-2012. But there has been little progress since June 2012 when a military official informed Human Rights Watch that the chairman of the board, who was a senior military official, had been transferred out of Nairobi, thus putting its work on hold. Human Rights Watch calls on the new administration to revisit the matter of police reprisals against ethnic Somalis and ensure that those responsible are held to account.
Human Rights Watch also documented serious abuses, primarily by the paramilitary wing of the police, the Kenyan General Service Unit (GSU), against Somali and Ethiopian refugees and asylum seekers, as well as ethnic Somali Kenyans, in the Eastleigh neighborhood of Nairobi in late 2012 and early 2013, including beating, rape, and widespread extortion. The wave of abuses started on November 19, a day after the first of six terrorist attacks hit the area and continued until late January. They coincided with a government announcement ordering urban refuges to relocate to refugee camps outside Nairobi. The Kenyan government should ensure police put an end to these crimes immediately, and hold abusive police accountable.
III. Pursue Reforms to Address Long-Standing Grievances
Since the 2007 elections the Kenyan government has embarked on a set of essential institutional and legal reforms, largely in response to the recommendations of at least two commissions of inquiry formed after the 2007-2008 post-election violence. Progress implementing them has been slow and insufficient, however. The new government should accelerate reforms in the security sector, particularly police reforms, the land sector, and public administration, especially as the 2010 constitution creates a framework and timelines for institutional and legislative reforms, and contains a strong bill of rights.
There has been progress in judicial reforms, but police reforms have been slow and partial, and at times have failed to respond to the key human rights concerns. Police officers have not been investigated and prosecuted for alleged abuses in the 2007-2008 post-election violence. Some have been promoted or simply given additional responsibility despite pending allegations. Although the National Police Service Commission Act of 2011 provides for the vetting of all police officers to identify those who have been implicated in past human rights abuses, the vetting exercise has not even commenced.
The fifth Schedule of the Constitution also recommends relevant legislation for dealing with land grievances. Injustices around land, such as land grabbing and dispossession, have fuelled ethnic and elections-related violence since 1992 and are still the root causes of tension in various parts of the country. Like police reforms, land reforms have been slow and acrimonious. The National Land Commission, a body mandated under the 2010 constitution to deal with historical land injustices, has yet to embark on its core mandate following more than a year of delay in setting it up. The key ruling of the African Commission on Human and Peoples’ Rights in The Endorois Community v Kenya—which ordered the government to restore the Endorois people to their historic land and compensate them—has not been implemented.
The new administration should prioritize land reforms and ensure that the relevant agencies are provided with adequate financial and other support, including that the key concept of community land under the 2010 constitution is recognized in practice. According to article 63 (IV) of the constitution, community land cannot be disposed of except as provided for under an act of parliament, which law is yet to be enacted. The administration should implement the Endorois ruling without further delay. It should also ensure that institutions mandated to undertake vetting of police get the necessary backing to start the work and that those found responsible for past human rights violations are prosecuted.
IV. Cooperate with the International Criminal Court
The new government should ensure full cooperation with the ICC. Three Kenyans—including Kenyatta and Ruto—face trial before the ICC on charges of crimes against humanity related to the post-election violence of 2007-2008. The ICC prosecutor stepped in following the failure of the national authorities to set up a local mechanism to try those responsible for the violence. Kenya is a state party to the Rome Statute, which it signed in 2005. The country has on numerous occasions promised to cooperate with the ICC, in line with its obligations under the Rome Statute and as implemented in national law through the International Crimes Act.
Kenya has challenged the ICC in and out of court. In 2011 Kenya filed an admissibility challenge to the ICC’s jurisdiction. The judges rejected the challenge—a decision confirmed on appeal—finding no evidence that the government was actually investigating any of the six people then-named in the two cases.
Kenya has lobbied the UN Security Council to have the cases deferred, and supported the expansion of the mandate of the East African Court of Justice to include crimes against humanity, a move motivated at least in part to create an alternative forum for the ICC’s cases.
The Kenyan government signed a memorandum of understanding with the court in 2010 and has facilitated some court activities in Kenya. But the ICC prosecutor has indicated that Kenya has stalled or failed to assist its evidence collection, including access to government records. Limited assistance by the government in the ICC investigations was one factor cited by the prosecutor in withdrawing charges against Kenyatta’s former co-accused Francis Muthaura. The government is now seeking to challenge the prosecutor’s claims of its limited assistance in court before the ICC judges. The ICC prosecutor has not asked the ICC judges for a formal finding of non-cooperation.
The three accused persons in the Kenyan cases have so far attended court hearings voluntarily and have promised to continue doing so. Public statements by Kenyan government officials even since the new administration took office, however, have cast doubt on its commitment to the ICC. At his inauguration on April 9, Kenyatta modified his earlier pledge to uphold international obligations by stating that these obligations would only be honored where based on “mutual respect and reciprocity,” without further explanation. On April 11, Kenya’s deputy ambassador to the United Nations, Ms. Koki Muli, appeared to press for the cases to be handled nationally.
The new government should signal unequivocal support for the ICC and take steps to strengthen Kenya’s cooperation with the court. These steps should include ensuring free movement within the country for ICC staff, defense counsel, and victims’ legal representatives and expeditious and meaningful responses to requests for assistance from the ICC or its prosecutor. In light of what the ICC prosecutor has termed “unprecedented” witness interference in the Kenya cases, the government should also state publicly that every witness has a right to testify and that it will investigate reports of witness interference. Kenya’s authorities should prosecute threats, harassment, and bribery amounting to violations of national law, evidence permitting. The ICC treaty requires Kenya to extend its criminal laws to offenses against the ICC’s administration of justice when committed in Kenya or one of its nationals. This includes corruptly influencing a witness, obstructing or interfering with the attendance or testimony of a witness, and retaliating against a witness for giving testimony.
Conclusion and Recommendations
Kenya’s new leadership has both opportunity and obligation to address serious human rights challenges that, left unaddressed, continue to fuel violence and human rights abuses. The government should prioritize progress in four key areas:
Uphold Key Rights for Civil Society
- Impartially investigate intimidation and hate speech;
- Preserve space for civil society activity; and
- Protect media freedoms.
Ensure Accountability for Serious Crimes
- Establish an independent commission of inquiry into crimes committed in Mt. Elgon in 2008;
- Establish special mechanisms to investigate, prosecute and adjudicate the most serious election-related crimes;
- Conduct independent investigations into extrajudicial killings by police and death squads in Nairobi and Central Kenya; and
- Stop crimes by police including rape, beatings, and extortion against refugees, asylum seekers, and ethnic Somalis; investigate and hold accountable abusive police officials.
Pursue Essential Reforms
- Accelerate land reforms by ensuring relevant agencies have adequate financial and other support; enact the pending community land law as required under 2010 constitution; and implement the Endorois ruling; and
- Ensure financial and other support for institutions mandated to undertake vetting of police and other relevant agencies for police reforms; prosecute any police found responsible for past human rights violations.
Cooperate with the International Criminal Court (ICC)
- Strengthen cooperation with the ICC including by ensuring free movement of ICC staff, defense counsel, and victims’ legal representatives;
- Respond expeditiously and meaningfully to requests for assistance from the ICC or the ICC prosecutor; and
- Publicly affirm the right of every witness to testify and commit to investigating and prosecuting witness interference including threats, harassment, and bribery where they amount to violations of national law.

Quotes from Kenya's Human rights priorities for the new administration

Monday, 22 April 2013

Kenyan referee says coach assault left him impotent

MOMBASA, Kenya (AP) — A Kenyan soccer referee has filed a lawsuit, contending a coach ran onto the field to protest a call and grabbed his testicles — an attack that he says left him impotent
Referee Martin Wekesa is suing the national soccer federation, seeking $240,000 in compensation.

Wekesa says that after he ejected a player from a game last year he was attacked by Sparki Youth team players and then by Daudi Kajembe, a member of the coaching staff.
Wekesa says the coach "attacked me in my private parts. I was crying and could not get myself out from his hands." He says he was rescued by a police officer but slumped to his knees in pain before being taken to the hospital.
Kajembe is to appear in court in the coastal city of Mombasa on Thursday on a charge of assault.

Quotes from Kenyan referee says coach assault left him impotent

This looks like an interesting case. I feel for the referee, that had to be painful.

In the meantime Suarez bit Liverpool striker on Sunday.

What is going on in Football?

It is an agressive sport, but violent conduct is not acceptable, and biting Suarez is for the childrens playground.

Good luck Martin Wekesa

State to issue plan on Raila security

Reading the article State to issue plan on Raila security by Cyrus Ombati, I was surprised to read that Raila and Kalonzo had 80 guards between them. However, given the insecurity in Kenya,  these 80 guards were allocated for a reason.

Some argue that Raila and Kalonzo are now civilians and are no longer in need of security. I disagree given the nature of the positions they held, and the associated risks. If security detail is to be reduced, it should be consistent,  all previous leaders in the same postion, should get the same treatment.

Moody Awori has security in Nairobi, and Busia(a precedent has been set here), as does Moi and Kibaki.

Why should Raila and Kalonzo be any different, as they were in government.

We can argue that it is taxpayers money, and our money needs to go elsewhere.

Fair enough, the powers that be need to be consistent, in the decisions they make, or it is discrimination, plain and simple.

Quotes from the article below

The Government is today expected to issue a circular on the management of security seconded to former Prime Minister Raila Odinga and former Vice-President Kalonzo Musyoka.
Head of Public Service Francis Kimemia is set to issue guidelines on how the armed men will operate and the resources they are supposed to have.

Apparently, Raila and Kalonzo had discussed the issue of their security when they met President Uhuru Kenyatta and his deputy, William Ruto. It was then that it was agreed the two should retain a good number of security for their safety and hence the expected circular.
Coalition for Reforms and Democracy ( CORD) Senators and MPs raised concerns over the withdrawal of the two leaders’ security detail and demanded an explanation, terming it an attempt to humiliate the former leaders.

Update related article: Raila's security request rejected

Quotes below

The Jubilee government has turned down Raila Odinga's request that he should get a security detail of up to 20 police officers.
Deputy President William Ruto communicated the decision to the former Prime Minister last week when the two met privately at Ruto's Karen house.
During the meeting, Raila reportedly reminded Ruto that Jubilee had promised that it would increase his personal security along with former Vice President Kalonzo Musyoka.
Raila and Kalonzo were assigned close to 100 police officers during the last government but they were withdrawn, along with their government vehicles, shortly after President Uhuru Kenyatta was sworn in on April 9.
 A few police officers continued guarding them but without clear guidelines.  
Raila and Kalonzo met Uhuru and Ruto at State House on April 13 to express concern over their security and government promised to issue a directive.
Head of Public Service Francis Kimemia was expected to issue guidelines on how many men and resources their security details would have.  
However there has been no communication from the government since then. According to sources, this prompted Raila to meet Ruto again to request an enhanced security detail of up to 20 police officers working in shifts.
Ruto, according to insiders, said 20 officers was too high but said that Jubilee government would honor the VIP status of Raila and Kalonzo with no further elaboration.
There is no law clearly providing for how a former PM and VP should be treated. Both Raila and Kalonzo missed out when President Kibaki rejected the Retirement Benefits (Deputy President and Designated State Officers) Bill 2013 in January.
Kibaki rejected the Bill because of the huge retirement packages that MPs had awarded themselves just before the end of the last Parliament.
Retired Presidents Daniel Moi and Mwai Kibaki are both well catered for under the Presidential Retirements Benefits Act.  
The Act gives a retired president 12 security officers- six for his own personal security and six others to guard his Nairobi and rural homes.  
In the April meeting with Uhuru and Ruto, it was suggested that the two Cord leaders be each accorded 12 police officers like Moi and Kibaki.  
Insiders within Jubilee said that Raila and Kalonzo would first have to quit active politics before they can enjoy such benefits.
“Even before the enactment of a law, this can easily be done through a circular by the head of public service. But what we know is that such retirement benefits cannot be extended  to  a person one who is still active in politics,” said a source at the Office of the President yesterday.
The Presidential Retirements Benefits Act provides that that a former president will lose all his benefits if he engages in active politics.
The bill rejected by Kibaki provided that “an entitled person shall not hold office in any political party at any time.” Raila and Kalonzo have indicated that they will continue leading the opposition from outside Parliament.  Raila is still the ODM leader while Kalonzo continue to serve as the leader of Wiper Party.
The Bill had also provided that a person entitled to retirement benefits “may be requested by the Government to perform specific official functions and shall be paid a reasonable allowance in respect of such official functions.” On Sunday, Raila stated that he is not ready to take up any job assigned to him by President Uhuru.

How high Mombasa's drug menace

This video is tragic, and I was startled that they showed someone injecting drugs on it. For years I have heard about the drug problems in Mombasa, from friends who live there. I have seen things change drastically over the years, with young kids getting pulled into the scene.

I was not aware that there were any Rehab facilities, in Kenya. Drugs kill, and ruin lives. People can only get clean if they acknowledge they have a problem, and want to change. Or you get people who are in and out of Rehab for years. It is a slippery slope for those who dabble in this stuff.

Sunday, 21 April 2013

London Marathon


Priscah Jeptoo   won the Women's London Marathon, with Edna Kiplagat second.

Congratulations Kenya!

Update related article: Kenyan Jeptoo triumphs in emotional London Marathon by Tom Williams

Some quotes from the article below

"LONDON — Kenya's Priscah Jeptoo surged clear to win a sombre London Marathon on Sunday, as runners paid tribute to the victims of the deadly bomb attacks at the Boston Marathon.
Jeptoo, the silver medallist at last year's London Olympics, streaked away from the women's field to claim victory ahead of compatriot Edna Kiplagat and Yukiko Akaba of Japan.
London Olympic champion Tiki Gelana collided with men's wheelchair athlete Josh Cassidy at a drinks station after 52 minutes and the Ethiopian's challenge never recovered.
As Gelana toiled, Jeptoo led a three-woman breakaway that also featured world champion Edna Kiplagat and 2011 Berlin Marathon champion Florence Kiplagat.
Florence Kiplagat slowly fell back and her namesake Edna could not keep pace with Jeptoo either after the 28-year-old ran the 21st mile in a time of five minutes and 11 seconds."

Emmanuel Kiplagat came second in the Men's marathon.

Saturday, 20 April 2013

Makau Mutua on whether civil society will survive Uhuru's presidency


Makau Mutua has always spoken his mind, and received lots of abuse as a result. He asks some thought provoking questions in his article on whether civil society will survive Uhuru's presidency.

Some quotes from the article below

"Let me clear one thing to set things straight. If there’s one thing that’s sacred about an individual, it’s their conscience and freedom of thought.

That, more than anything else, is what makes us uniquely individual. It’s the single most important – and unarguable foundation – of a democratic society.

That’s why constitutions – including Kenya’s – protect the freedom of conscience and thought without qualification. It’s a freedom that can’t be given, or taken away, by a state. Civil society is the most reliable guardian of these freedoms. That because the state is an untrustworthy protector of human rights.

This is the question – what’s civil society to do if it feels so strongly about the Kenyatta regime? There’s no doubt Mr Kenyatta and his government have the support of a lot of Kenyans. That’s unarguable. But there are many Kenyans who are apathetic.

Take it from me – apathy is strongest in civil society. It’s an “existential moment” for some of the leading lights of civil society.

They feel betrayed by a population they’ve always fought for. In fact, most of the freedoms Kenyans enjoy today were made possible by civil society, including the 2010 Constitution.

Many are questioning the ability of the human rights movement to uproot embedded tribalism and the money corruption of the wealthy.

No one knows whether civil society will survive the Kenyatta regime and, if so, in what shape. We are in uncharted territory. But I can point to some possible routes. I believe Mr Kenyatta understands that his regime suffers from a “legitimacy deficit”.

That’s because of the charges against him at The Hague and the contested nature of the election. He may try to co-opt some civil society leaders into his regime to shore up his credibility.

There are signs that some important civil society doyens are fighting to catch his eye. Yes – we have opportunists in civil society too. Some of them have denounced principles they’ve long held to prove their loyalty to Mr Kenyatta.

Secondly, others may accept the outcome of the election and “move on,” as has been urged. This cohort would simply go back to the trenches and continue their fight for human rights – much in the same way they did under former President Kibaki.

Their job would be to “monitor” Mr Kenyatta’s government, “hold it accountable,” and “protect” the gains in the 2010 Constitution. You can be sure there will be donor funding for such “constructive engagement”.

These “true believers” are professional human rights workers whose view of the world isn’t jaundiced. They know that “engaging” the Kenyatta state and “dialoguing” with it can only further legitimise it. But to them, this is the best of terrible options.

Thirdly, there is a group that’s likely to disengage, and “divorce” the human rights movement. This chunk may “resign” from civil society. A number may even “divorce” Kenya. Some may go for further studies, or join the private sector. This group took Mr Kenyatta’s election the hardest, and cannot reconcile itself to the choice of a supposed plurality of Kenyans.

But others in this group will take a reflective view and calibrate their future options. Many will be keenly watching The Hague trials. That’s because a conviction of either Mr Kenyatta or Deputy President William Ruto, or both, would be a game-changer. But that’s a long way off, and the wait will be torturous and the outcome uncertain.
Finally, it’s anyone’s guess how the Kenyatta state will respond once civil society recovers from the shock of the moment and reasserts itself

Friday, 19 April 2013

RIP David Okuta

I was waiting to see what would happen as I had received several texts last night  from people hoping that no stones would be thrown at Uhuru Kenyatta. He flew in with a military helicopter, accompanied by GSU, well prepared. First Luo funeral I have heard of with a GSU presence.

"President Uhuru arrived at the ceremony at 11.30am in a military chopper. Raila arrived much later.

There is heavy presence of security officers that include General Service
Unit (GSU).

The officers screened mourners at the entrance of the institution, while armed GSU officers were stationed on both sides a 200 metres feeder road to the school, from Ahero-Kericho Road."

Quotes from Uhuru,Raila at Okuta's burial by Mangoa Mosota

I wonder whether there is any way of politicians not talking politics at funerals.

Same thing at my grandmothers funeral, the local MP came and gave one long political speech. I was not amused.Same story at my father's funeral, where you would have thought you were on the campaign trail.

Has this always been the case?

I can understand that David Okuta fought for teachers, and his work must continue,but were the political speeches necessary?

People were there to mourn,and to pay tribute to David Okuta or to hear political speeches?

Wonder whether they got to sample some Omena, Obambla, and Kamongo before they left.

What was interesting were the Freudian slips below

His Excellency the President of Kenya, Honourable Raila Odinga,” Belvina said as she acknowledged the dignitaries attending her husband’s burial among who was President Uhuru Kenyatta.
Belvina however quickly apologised on realising her mistake, saying “sorry for that mishap.”

But when it was his turn to address the mourners, Odinga made light of the moment.
“I’ve seen people having difficulties addressing me as retired, former… I am available, I’ve just moved on. So don’t have difficulties addressing me, I am Raila Amolo Odinga.”
President Kenyatta himself at one point erroneously referred to Odinga as the ‘Prime Minister’ saying: “We need one another, and as the Prime Minister said, it is not a situation of us versus them, the government versus the unions. It is us together sitting, and working in the same direction with the realisation that we share a common destiny and we need to be able to work together.”

Quotes from Don't fret simply call me Raila by Olive Burrows

Rest in Peace David Okuta

Related article: Uhuru heads for Okuta's burial in Nyando

Thursday, 18 April 2013

British MPs want asylum seekers’ camp set up in Kenya

We have enough refugees in Kenya as it is, that we cannot cope with.

How is it that we can take plane loads more from Britain?

"The UK could confine asylum seekers in leased houses in Kenya if a proposal by Conservative Party MPs aimed at reducing illegal immigrants is approved.Unlike today when most immigrants are housed in secure locations inside Britain, this could change with immigrants shipped to ‘safe houses’ in Kenya and upkeep paid by the UK government as cases are processed."

Quotes from British MPs want asylum seekers’ camp set up in Kenya

I see the number of asylum applications dropping, if this happens. Asylum seekers don't have it easy in the Uk, but are given housing, and money for food and transport, that they can barely survive on. In the past they were able to work within their communities, cash in hand. Once they know they will be flown to Kenya, I see people withdrawing their applications.

 There are a number of asylum seekers in Britain who are Kenyans, mainly Somali, I wonder how those asylum seekers would return to Kenya?

Kenya does not have the capacity to do this, and has a big enough problem with refugees as it is.

I really hope this new government does not consider this.

The Tory government has overhauled the welfare benefit system on April 1st, in the UK. There is lots of talk of there being too many foreigners in the UK,  with more coming from Bulgaria and Romania this month.Some Brits believe that the huge unemployment, is because foreigners have taken all the jobs. I see this proposal by David Cameron, as a way in which  his party can get in for another term. Immigration is a huge, sensitive issue in the UK at the moment.

Wednesday, 17 April 2013

William Ruto makes a no show application

Relevant article: Ruto seeks right to waive right to appear before ICC

Let's see what happens.

Uhuru wants the police to secure Kenya

I feel strongly about security, and cant count the number of friends and acquaintances that have been robbed at home, at their businesses, or carjacked.

Last year a family member was robbed,tied up, attacked, and almost killed. When we went to the police station, the officer asked us if we had a car to take him back to the scene of the crime. One of us, asked him what happened to their police cars. He said they had no police cars, and that had been the case for six years!

We then asked him how do they help people in  emergencies. His reply, send a taxi to pick the police up. So much for a rapid respnse .This is unacceptable. He explained that they have to escort criminals to court in matatus and buses, and risk being killed themselves.

 This was not reassuring at all, and basically you know if something happens to you in your home, you are on your own in Kenya, and can't rely on the police to handle the situation. If you don't have the funds to hire these private security companies, as a back up, then Pole sana!

When I told my non Kenyan friends about this, they thought I was joking. I wish I was. Sio Mchezo!

I really hope the new President is able to deliver on this one, as things have got to another level especially in Nairobbery.

President Uhuru emphasised that adequate security was not only necessary for the safety of Kenyans but also for the continued growth of the economy.

One of the key issues that the president has in his manifesto is on insecurity; it is written in black and white and we are very much assured that the government will provide what is required address some of the issues, he said after attending a meeting with senior police officers. "

Quotes from Uhuru wants the police to secure Kenya by Lordrick Mayabi

Tuesday, 16 April 2013

Supreme court releases its ruling

The Supreme court released its ruling today, for what it is worth. It will be available to the public in booklets.

The UN's idiot guide to hanging with war criminals

The U.N. recently issued updated its guidelines for its senior officials on the etiquette of consorting with world leaders and lesser suspects that stand accused of committing massive war crimes.
Seems that would be a pretty obvious "no, no," but it's not as simple as it seems.
The latest regulations reaffirm existing U.N. guidelines restricting U.N. brass from most dealings with Sudan's leader, Omar al-Bashir, who stands accused by the International Criminal Court (ICC) of masterminding a campaign of genocide in Darfur several years ago.
But there are virtually no restrictions on dealings with Kenya's new leader, President Uhuru Kenyatta, who stands accused of orchestrating the killing, rape, and displacement of thousands of civilians from the cities of Nakura and Naivasha who were suspected of backing a rival political faction during the country's disputed election in 2008.
So, what's the difference between the court's treatment of Bashir and Kenyatta?
For starters, Kenyatta has recognized the court's legitimacy and appeared in The Hague to face the charges. Bashir hasn't.
The U.N. policy is crafted to reward suspects who cooperate with the Hague-based tribunal. Under the new guidelines, the ICC will issue a summons to a suspected war criminal who volunteers to face charges before the Hague court. But if a suspect makes it clear they won't appear, then the court will issue a formal arrest warrant, which places a legal obligation on governments that have ratified the treaty creating the war crimes court to surrender the individual.
The U.N., which signed a relationship agreement that requires it to refrain from undermining the ICC, reasons that contacts with cooperative suspects "do not undermine the authority of the court."
"U.N. officials may interact without restrictions with persons who are the subject of a summons to appear issued by the ICC and who are cooperating with the ICC," read the guidelines, which were presented to the U.N. Security Council earlier this month. A copy was obtained by Turtle Bay.
But the privilege can be taken away if Kenyatta halts his cooperation with the court. Kenyatta hinted at that possibility, declaring in his inauguration that Kenya intended to uphold its international obligations, but only if its relations with international institutions were based on "mutual respect" and affirmed Kenya's sovereignty. Since then, Kenyan officials have been pushing back. Last week, Kenya's deputy U.N. ambassador Koko Muli Grignon told the U.N. General Assembly that the ICC has no right to prosecute Kenyan nationals without the consent of the government, and that the case against Kenyatta and other Kenyan nationals should be transferred to a Kenyan court. The Hague-based tribunal, she added, "should be a "court of last resort."
Court observers find Kenyatta's remarks troubling.
"I think there is a concern that they may be backtracking," said Richard Dicker, an expert at Human Rights Watch, who noted that the ICC is only pursuing the case because "the Kenyan authorities have failed for several years to take action domestically."
For the time being, Dicker said, the ICC guidelines make sense for legal and policy purposes. First, he said, they affirm the "presumption of innocence" for the accused, including Kenyatta, who has not been convicted of a crime. The policy also serves as an incentive for suspects to cooperate with the court.
There are also practical considerations for making an exception for someone like Kenyatta. The U.N.'s African headquarters is stationed in Nairobi, providing support for peacekeeping, humanitarian, and anti-poverty missions throughout the continent. A breakdown in the relationship with the Kenyan leader could complicate the U.N.'s ability to do its work. In a sign of Kenya's importance, U.S. and European ambassadors attended Kenyatta's presidential inauguration. And Ban Ki-moon even sent a letter congratulating Kenyatta for his win.
The U.N.'s experience in Sudan, where the international body manages several major stability operations, has demonstrated how difficult it can be to shun a leader in a country's whose cooperation the U.N. depends on.
Ban's office chided the former chief of the African Union-U.N. peacekeeping mission in Darfur, Ibrahim Gambari, for attending a wedding of Bashir's daughter. Last month, a U.N. Development Program official in Chad participated in a diplomatic welcoming committee that received Bashir at the airport, which prompted a call by Tiina Intelmann, the president of the ICC's Assembly of State's Parties, to senior U.N. officials to express concern about the incident. UNDP acknowledged that it had erred.
"The Officer-in-Charge of UNDP's country office in Chad...was requested by the Chad Government to form part of a receiving line for Heads of State arriving at the airport," said UNDP spokeswoman Christina LoNigro. "There he was introduced by President [Idriss] Deby to the Presidents of Senegal, Niger, Burkina Faso, Mali, Sudan, and Benin. UNDP has taken this encounter, which runs counter to UN policy seriously, and has drawn the attention of all staff in the region to the policy."
Intellman welcomed the U.N. decision to release the guidelines, and said that member states of the ICC treaty body are trying to negotiate their own guidelines. She also voiced sympathy for the challenge posed by U.N. officials.
“The situations in which UN officials find themselves are quite complex,” she told Turtle Bay. She acknowledged that there are legitimate cases "where U.N. officials have to make essential contacts with indictees," highlighting U.N. efforts to promote peace deals.
So, what then is a U.N. official to do avoid an inappropriate encounter with an alleged mass murder? Here are some key pointers, from the new guidelines:
• It can be anticipated that persons who are the subject of arrest warrants issued by the ICC may deliberately seek to meet with UN officials in order to demonstrate their contempt for the ICC and try to undermine its authority.
• Contacts between U.N. officials and person who are the subject to warrants of arrest issued by the ICC should be limited to those which are strictly required for carrying out essential UN mandate activities.
• As a general rule, there should be no meetings between U.N. officials and person who are the subject of warrants of arrest issued by the ICC.
• There should be no ceremonial meetings with such persons and standard courtesy calls should not be paid. The same holds true of receptions, photo opportunities, attendance at national day celebrations and so on. If the person holds a position of authority in a state, every effort should be made to meet and liaise with individuals other than the person in order to conduct business.
• This being said, there may be a need, in exceptional circumstances, to interact directly with a person who is subject of an ICC arrest warrant. Where this is imperative for the performance of essential U.N. mandate activities, direct interaction with such a person may take place to the extent necessary only.
The current guidelines also include an explicit exemption for the U.N. secretary general -- who met with Bashir in Tehran in August -- and the deputy secretary general to meet with Bashir and other accused war criminals "from time to time" in order to discuss "fundamental issues affecting the ability of the United Nations and its various offices, programs and funds to carry out their mandates in the country concerned, including vital matters of security."
Court advocates like Dicker say the exemption can be justified if used sparingly. "Making clear that there are some exceptions is acceptable, but the devil will be in the details." He said any exception should adhere to "an appropriately narrow application or interpretation." For instance, U.N. officials must learn to turn down invitations to war criminals' nuptials. The trick, he said, is to insure this doesn't become "the exception that ate the rule." 

Article by Colum Lynch

Related article; Old tensions persist in Kenya's Rift Valley 

Monday, 15 April 2013

Will this greed ever stop, it is not your time to eat

These guys are the highest paid MP's in the world. This needs to be stopped. It is painful knowing that the taxpayer pays for this greed.

Sunday, 14 April 2013

Raila Odinga says stop saying sorry

I heard that lots of people were going round to Raila's house to say Pole, after the results were announced. His response was that they should not be mourning, as noone has died. Damn right!

Here is a quote from Raila that I got from the Standard

“Do not tell me sorry for what happened, I do not wish to hear this. When a cooking stick breaks, do you stop preparing your meal? Certainly not! And that is why we want to state that we have enough work to do,” said Raila.

Relevant article: Raila declines Uhuru's job offer and vows to soldier on

An excerpt below

We all know what happened, but we want to say that is over, we did not want to bring bloodshed again and that is why we are looking ahead,” he said.  Wetangula warned against picking political rejects from Western for Cabinet slots saying this would not resonate with people’s wishes. He accused some leaders from Western of angling for appointments into the Cabinet saying they were selfish and had sold out the community. "

I am no fan of Martha Karua, but have to agree with the point she makes on this video.

Update: Relevant article An ode to a fallen general by Peter Wanyoni

An excerpt below

In recent times, young politicians and some Kenyans crawling on social  media barely out of their napkins have taken Raila’s defeat in the recent elections as an opportunity to hurl insults at him.
They conveniently forget that the very structures over which they lord, the very country that they now bestride with noisy tweets and Facebook posts and many of the freedoms they enjoy, would never have been possible without the sacrifice of Raila Odinga and his contemporaries.
These men and women endured years behind bars, banged up in detention without trial, to birth the openness and the democracy that we now take for granted, and in whose free air the new political class now hold forth with their salt-in-the-wound rubbing. In so doing, they come to resemble Chinua Achebe’s unwise little bird eneke-nti-oba, who so far forgot himself after a heavy meal that he challenged his personal god to a fight.
Raila is a yardstick against which to measure the performances of our new crop of politicians. He made mistakes — like everyone else  — but his virtues far outweighed these. It is this very standard against which we will now judge the fortitude, the fitness-for-purpose, of our new leaders. 
They have not begun on a good footing, letting their followers humiliate Raila in ways that are decidedly un-African.

Like Achebe said, those who mock Raila should remember that he whose palm nuts have been cracked for them by benevolent spirits, should not forget to be humble.
Thank the man for his selflessness and service, and let him be.

Saturday, 13 April 2013

Uhuru and Ruto host Raila and Kilonzo

  Raila Odinga and Kalonzo Musyoka held talks with President  Uhuru Kenyatta , and his deputy William Ruto. I think it is important that we have a healthy,strong, opposition. Looks like they are all sharing some joke,

unlike this photo

Salim Lone has said that Raila Odinga will be focusing on building a national movement.

Like Onyango Oloo, I found the supreme court ruling a slap in the face.

I wait to see the the poll petiton verdict on Tuesday. I don't see how it will help anybody,as the ruling was made, end of.

Update: Relevant article Uhuru offers Raila special envoy post 

Update two: Relevant articles attorney General misled Supreme court on doctrine of invalidation of elections by James Gondi.

An excerpt from that article

It is not in dispute that there were violations of electoral laws by the IEBC. The petitioners applied legitimate audio visual means to demonstrate these illegalities and further adduced incontrovertible evidence to demonstrate this fact. The court appears to have ignored this evidence and chartered the easier path towards the net effect of these violations of electoral law on the actual outcome of the elections.
Perhaps the court subconsciously took into account the socio-political effects of an invalidation of an election result and chose the more conservative path as advanced by the AG. Indeed, the law does not exist in a vacuum and the court may have been persuaded to apply the more conservative case law which says that even after establishing flagrant violations of the law, the petitioners must show that without these violations, a considerably different result would have emerged from the electoral process.
The doctrine of substantial effect on the result even though outdated and controverted may have been a safer way out for the court given the socio political and economic dynamics at play. After all, many in Kenya, especially the middle class and business community had taken the position that the country must move forward notwithstanding their dissatisfaction with the electoral process.
In addition to the desire to move on with life and business, despite the injustices by the electoral management body, the tension between peace and justice came into play behind the scenes. It was feared by the political establishment that an invalidation of the result would have led to widespread violence. Given that the courts operate in society, they may have been swayed towards this narrative and chose to abandon the established violation of law standard and adopt the inferior doctrine of substantial effect on results as part of a political calculation to avoid perceived violence and the detrimental economic effects of invalidation of the election results.
The effect of the electoral malpractices and upholding the result leaves the country balkanised along ethnic lines depending on their desired outcome and taking into account the gross irregularities. One half of the country feels disenfranchised and that their right to vote has been infringed by legitimising the failure of the election management body to abide by its laws and regulations.
The other half of the country is ecstatic about its coalition ascending to power despite flagrant breaches of the law. The result is that electoral malpractice, irregularity and illegality have been legitimised and any party to future electoral contests will have to either be complicit in the violation of election laws or become the victim of such violation. The disenfranchisement of voters is also an outcome which may lead the populace to significantly diminish its participation in future electoral processes.
More significantly, confidence in electoral justice has diminished while apathy and ambivalence has begun to take root. The gains made after 2007 through the partial implementation of new electoral laws and regulations suggested by the Kriegler report are on the verge of being lost. The courts and the electoral management body will have an uphill task in motivating public participation in elections and dispute resolution. The court had a duty to restore the integrity of elections which the electoral management body has distorted.
The writer is a Program Advisor at the Africa Centre for Open Governance (AfriCOG) which challenged the outcome of the March 4 presidential election.

Update three Relevant article: Details of Uhuru Raila State house meet

Some quotes from the article below

Speaking in Khwisero constituency on Saturday during the burial of Mama Ellena Andayi, mother to area lawmaker Benjamin Andola, Raila told supporters he had warned Uhuru and Ruto against buying members of his team to their side. ?
“I met with the two and we discussed how we shall operate. I cautioned them against buying my team and instead I told them to work on one side and we work on the other. We have to have two teams – one the opposition and their side,” he affirmed.
Speaking after State House meeting, Raila also divulged that he had turned down an offer by Jubilee Government to serve as special envoy asserting that he had a lot of work to do. Instead, Raila said he would strengthen his Orange Democratic Movement (ODM) party and CORD.

courtesy call
In its statement to the Press, the PPS referred to the meeting as “a courtesy call” by Raila and Kalonzo to President Kenyatta and his Deputy Ruto.
“During the meeting, the CORD leaders conveyed their message of goodwill to the President and his deputy saying they wished them well in running the country,” read the statement. ? In contrast, the statement from Raila’s aide was more specific about the “real issues” discussed.
Raila and Kalonzo raised concerned about the quest by Jubilee to take control of House committees and thereby denying the minority party a critical role in key committees such as Accounts and Investments.

“President Kenyatta and Deputy President Ruto pledged that the Jubilee Coalition, which commands majority in both Houses, is committed to ensuring the existence of a strong opposition party, as a necessary tool for democratisation and to ensure steady check on Government,” said the statement from Raila.
And following the gesture by Uhuru and Ruto to include some members of Raila’s CORD team in Government, the former PM and VP are said to have presented a case for tribal and regional balance in Cabinet and other senior Government appointments.    
Similar sentiments were made by former Attorney General Amos Wako, who asked President Kenyatta, a day before he was sworn-in to office, to absorb members of other communities –including those who did not vote for him – in senior Government positions.
Separately, a source allied to Jubilee Coalition and privy to the State House meeting, confided that Raila and Kalonzo also raised concerns over their personal security.

“Although promising to look into the matter and push for their case, President Kenyatta advised that the security demand was solely under the prerogative of another independent official – the Inspector General of Police,” says our source.
It was agreed, however, that this demand would be addressed anyway, considering that a precedent had been set as the Ninth Vice-President, Moody Awori, was enjoying a 24-hour security presence at his Nairobi and Gulamwoyo homes in Busia County.

And while appreciating the good gesture by the top political leaders to reach out to one another, Rarieda MP Nicholas Gumbo reads politics in On Saturday’s State House meeting.
According to the two-term MP, Uhuru and Ruto have been in politics fairly long enough and can therefore not underestimate Raila’s political might and shrewdness.
“They want to get close because they realise they cannot wish away a man who got over 5.3 million votes.
The country is virtually split into two and it will be politically dangerous if such a huge proportion of Kenyans were to become skeptical of Uhuru’s leadership,” he said.
However, Senator of Machakos County, Johnston Muthama hopes that Uhuru and Ruto are genuine about their overtures.