Saturday, August 18, 2012

The Work Of Eugene Wamalwa As A Minister For Justice And Constitutional Affairs Unmasked


The Work Of Eugene Wamalwa As A Minister For Justice And Constitutional Affairs Unmasked

Posted on: 2012-08-18 03:29:37 ( 6 comments )





If you want to know the real enemies of Kenya’s reforms, look no further than the ever-smiling (but conniving and devious) Eugene Wamalwa.

Ever since his public extolling by the President’s son (Jimmy Kibaki) and close association with Uhuru Kenyatta and William Ruto, this Mt. Kenya mafia poodle has been exposed as one of the greatest enemies of Kenya’s reforms; especially the new Constitution. The tricksters, led by propagandist Tony Gachoka, have been promoting this Uhuru Kenyatta side-kick as a viable future leader of Kenya while using him to systematically mutilate key reforms enshrined within our new Constitution..

Eugene tucked in between the ethically-challenged
opponents of the Katiba and it's anchoring
Integrity Bill.

In the short period he replaced Mutula Kilonzo as Justice and Constitutional Affairs Minister, Eugene Wamalwa will go down in history as having (based on a well researched audit report conducted by the Daily Nation – available in their digital edition of Tuesday August 14th, 2012):

• Deleted 28 clauses from CIC version of Integrity Bill ( initially supported by Mutula Kilonzo).

• Paved way for people with questionable integrity or serious ongoing criminal cases to vie for top public positions (Presidency, Senate, Governorship, MP, County Assembly)

• Reversed strict Constitutional rules for vetting public officials

• Eliminated the constitutionally-guaranteed public participation during public appointments

• Removed the requirement for receipt of a “certificate of compliance” from the Ethics and Anti-Corruption Commission (EACC), NSIS, KRA (tax-collector), National Police Service, and Higher Education Loans Board for all seeking public office (as was contained in the CIC Bill, initially supported by Mutula Kilonzo).

• Mutilated the requirement for severe punishment for leaders failing the integrity test while in office (changing it from total disbarment for 10 years and jail-time; to a mere slap with a fine of Sh 5 million)

• Completely deleted the requirement for wealth declaration (in public) for all leaders aspiring for public offices. We shall now not know the net worth of all candidates vying for the Presidency, unlike modern democracies like the USA.

• Eliminated the requirement for the EACC to institute inquiries related to unexplained income while in public office; something the new Constitution is quite clear about.

• In a clear attempt to subvert cooperation with the ICC (on behalf of his paymaster Uhuru Kenyatta), Eugene Wamalwa has ridiculously introduced a clause that threatens public officials against cooperating with ‘foreign governments’. From Wamalwa’s team of drafters… “ A State officer shall not further the interests of a foreign government, organization, or individual, in a manner that may be detrimental to the security interests of Kenya”. This cunning and vague clause with undefined parameters is obviously a trap meant to threaten public officials against dealing with any foreign entities including the ICC and foreign embassies.

• Removed the clause that would have barred (as required by the new Constitution) state and public officers to do business with their close relatives and friends using public funds. The original CIC Bill, taking cue from the new Constitution, specifically barred the use of government resources to award contracts to “State officer’s spouse, child, relative, friend, or any other person with direct or indirect pecuniary interest with the officer”. Wamalwa has lobbed this out on behalf of his Mt. Kenya mafia paymasters! Uhuru Kenyatta obviously wants public funds to continue profiting his businesses at CMC motors (supply of VW passats), Commercial Bank of Africa (high-interest-rate domestic loans to Treasury) or holding expensive public seminars at his various resorts and hotels. The new Constitution was threatening this until – ‘savior’ Eugene Wamalwa came to his rescue.

• Wamalwa has also exempted future Cabinet Secretaries (Ministers) and County executive committee members from the clause requiring all appointed State officers to be politically neutral. To fully appreciate the significance of this particular anti-reform mutilation, one only needs to look at the personal and political relationship between Eugene Wamalwa himself and one Tony Gachoka. Eugene has appointed Tony Gachoka into a public office (paid by taxpayers) to specifically play dirty political games (on his and Uhuru’s behalf) targeting the Prime Minister Raila Odinga. Gachoka is an appointed senior state officer working in Wamalwa’s Ministry of Justice and paid by Kenyan taxpayers close to 1 million shillings per month. Tony Gachoka was hired by Uhuru and Wamalwa to dig up KNCHR records from the Justice Ministry archives in a desperate pursuit of the Prime Minister Raila Odinga. That is the genesis of this brouhaha about Gachoka and his botched trip to the Hague. It’s all silly politics at the expense of the Kenyan taxpayers. Uhuru and Wamalwa want to retain this clause of allowing state officials to continue playing politics while in public office, so they can continue targetting their political rivals in future. This is basically the vision of these anti-reform agents.

• Wamalwa’s extracurricular and anti-reform activities (on behalf of Kenyatta) has extended beyond this Leadership and Integrity Bill. He has also pounced upon and watered-down at least 8 other Bills including the Petition to Parliament Bill; the Petition to County Assemblies Bill; the Assumption of Office of the President Bill; the National Intelligence Service Bill; the National Security Service Bill; the National Security Council Bill; the Kenya Defense Forces Bill and is currently in the process of mutilating the Campaign Financing Bill. From the above, it is clear that Wamalwa’s master, Uhuru Kenyatta is seriously angling to control all security and legislative apparatuses of the country. That's besides reversing integrity requirements in public service to allow for continued corruption, electoral fraud, crimes against humanity, ineptitude, tribalism and other unethical business-as-usual 'opportunities' of the old order.

It’s as if Eugene Wamalwa is customizing our brand new Constitution to fit the whims of one legally-besieged individual called Uhuru Kenyatta. Former Justice Minister Mutula Kilonzo would have never allowed such devious and ominous developments to proceed right under his nose – no wonder they kicked him out of this crucial Ministry.

Mutula Kilonzo's exit from the Justice Ministry
paved way for serious attacks by the Wamalwa-Uhuru axis
on our new reforms

To quote from the Daily Nation’s own audit report, “Eugene Wamalwa has engineered the watering-down of the Leadership and Bill to an extent it won’t serve the purpose envisaged in Chapter Six of the Constitution.” The Commission on Implementation of the Constitution (CIC) has in fact protested against Wamalwa’s mutilation of the Katiba through these transition Bills.

Eugene Wamalwa will go down in history as one of the first vultures hired to mutilate our brand new Constitution on behalf of the same retrogressive masters of impunity who’ve stifled Kenya’s growth for the last 50 years. Together with Attorney General Githu Muigai, Wamalwa has probably inflicted the most damage (yet) to the recently promulgated Constitution. The ethics and moral standards injected by the new Constitution have been dealt a serious blow by him.

Casual observers would have thought Eugene Wamalwa’s would do better than Mutula Kilonzo when it comes to reforms. The plain truth however is – Wamalwa has proved to be a hopeless anti-reform agent working for Uhuru Kenyatta. His appointment at the Justice and Constitutional Affairs Ministry was specifically planned to effect successful mutilation of Katiba-anchoring Bills; most importantly, the Leadership and Integrity Bill. Wamalwa has gone further, as if on steroids, having already mutilated 8 other reform anchoring Bills. He has been unmasked as one of the country's worst enemies.
Source: http://sweetkenya.com

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