NAIROBI, Kenya, May 20 - Hassan Omar Hassan has quit as vice chairman of the Kenya National Commission on Human rights (KNCHR).
However, the rights campaigner says he will remain as a commissioner of the State-funded watchdog.
Mr Hassan says he decided to relinquish the post of vice chairman due to personal reasons.
He told Capital News that he wants to concentrate on core human rights work which he was unable to do since the post is too administrative.
However there have been open differences between Mr Hassan and KNCHR chairperson Florence Jaoko. At one point she placed an advert in the newspapers dismissing comments made by Hassan over leakage of witness information as personal.
Showing posts with label From CAPITAL FM. Show all posts
Showing posts with label From CAPITAL FM. Show all posts
Thursday, May 20, 2010
Thursday, May 13, 2010
THE OTHER SIDE OF OCAMPO
BY JUDIE KABERIA
NAIROBI, Kenya, May 13 - The only time this busy man has to rest is when he is on a plane headed for duty to one of the many countries he is conducting investigations.
Luis Moreno Ocampo is a man who works round the clock and sees his family once a month!
My appointment with him is for 8.45 am at the Serena Hotel in Nairobi.
He arrives for our meeting at exactly that time in the breakfast area as I waited with the International Criminal Court Public Information Unit Media Liaison Officer Nicola Fletcher.
Fletcher was in the process of asking a waiter to prepare a table when Ocampo walks in.
She quickly rushes to him and engages in a conversation as they head to the table where I join them.
He picks a plate, places two croissants on it and some strawberry jam before heading to a table on the patio but amid all this rush, he barely notices that the table has not even been set.
Waiters rush to his service and he immediately picks a croissant, dips it in the jam on the side of the plate and takes a bite.
A waiter tries to tie a napkin around his neck, but he seems unperturbed as he is in hurry to finish his breakfast.
All this time, he has not spoken to me and seems not to notice my presence. I get uneasy but Fletcher steps in and introduces me to Luis Moreno-Ocampo, the Prosecutor of the ICC.
I am now seated directly opposite him and he gives me a warm smile making me more at ease to begin my interview.
At this point, I am told that I have eight (yes, eight!) minutes to conduct my interview.
He turns the tables on me and starts interrogating me. “Where is Capital FM and what’s its coverage? Do you reach out to victims and witnesses of the post-election violence?”
This sets the mood for our interview but I ask whether I should shoot my questions or wait for him to finish his breakfast.
He is quick to tell me that we should proceed as he has a beehive of activities lined up in the final 12 hours of his five-day visit in Kenya.
Before my interview, Mr Ocampo has spoken a lot about the International Criminal Court (ICC) and extensively illustrated his role in the Kenyan process, and so that is not in my interest today.
“As you can see now, I am eating a croissant,” is his answer when I ask what his favourite meal is.
Do you have a family? I continue... “Yes I have a family. My wife and kids live in Buenos Aires. I am working for the world doing justice and I go to see my family once a month for a few days.”
What do you do in your free time? I ask. “I have no free time. My only free time is only when I am flying. But it is great. I feel honoured to be the prosecutor of the ICC.”
He is passionate with matters of justice especially for the poor and weak in all societies.
He never forgets to mention his concern for victims of violence and even uses the opportunity to send me to a victim in Kibera Jane Wairimu who had been interviewed on Monday by Radio Netherlands Worldwide.
“I want to use the opportunity to talk to people like Jane, she lost everything, but now she has hope in the ICC. I’d like to work for her but I know I can prosecute some leaders but Jane needs more. She needs to recover her house; she needs assistance, that is why I will do my job for Jane. It will not be enough but I need other Kenyans to work for Jane,” this is Mr Ocampo’s special message not only to Jane, but the thousands of victims of the 2008 post-election violence.
It is interesting to know that Mr Ocampo has rich experience and is compassionate in matters of law, human rights and justice for victims.
Before he became the ICC Prosecutor, he served as a deputy prosecutor during the junta trials in his native Argentina.
He has also served as a District Attorney.
In 1992 he started his own law firm where his clients included renowned football legend Diego Maradona.
He also represented victims of the Nazi war.
An Associate Professor of criminal law, Mr Ocampo lectured at Stanford University, University of Buenos Aires and Harvard Law School.
The veteran prosecutor also draws a lot of experience in law after having worked as a consultant for World Bank and sat in the advisory board of Transparency International.
So how did he become the ICC Prosecutor?
“I was in Buenos Aires parking my car and then I received a phone call telling me, ‘Luis Moreno Ocampo, we are calling you because we put your name in a list of candidates to be the Prosecutor of the ICC and now you have made it to the top of the list. We have never talked to you, so we don’t know whether you’d like the job,’ he recalls.
He continued, “I told my wife I have received this funny call today. Nothing will happen don’t worry. I went to New York for an interview and a few months later they appointed me unanimously.”
The 58-year-old prosecutor was elected unopposed as the first ICC Prosecutor in April 2003.
My eight minutes are up before I probe the private life of Mr Ocampo further.
Immediately after finishing his breakfast he rushes to another interview marking the beginning of a series of meetings he has to attend before leaving the country.
But even as he hurriedly leaves his table, he warmly gives me a handshake and tells me to collect questions from Kenyans on his behalf and email them to his office.
NAIROBI, Kenya, May 13 - The only time this busy man has to rest is when he is on a plane headed for duty to one of the many countries he is conducting investigations.
Luis Moreno Ocampo is a man who works round the clock and sees his family once a month!
My appointment with him is for 8.45 am at the Serena Hotel in Nairobi.
He arrives for our meeting at exactly that time in the breakfast area as I waited with the International Criminal Court Public Information Unit Media Liaison Officer Nicola Fletcher.
Fletcher was in the process of asking a waiter to prepare a table when Ocampo walks in.
She quickly rushes to him and engages in a conversation as they head to the table where I join them.
He picks a plate, places two croissants on it and some strawberry jam before heading to a table on the patio but amid all this rush, he barely notices that the table has not even been set.
Waiters rush to his service and he immediately picks a croissant, dips it in the jam on the side of the plate and takes a bite.
A waiter tries to tie a napkin around his neck, but he seems unperturbed as he is in hurry to finish his breakfast.
All this time, he has not spoken to me and seems not to notice my presence. I get uneasy but Fletcher steps in and introduces me to Luis Moreno-Ocampo, the Prosecutor of the ICC.
I am now seated directly opposite him and he gives me a warm smile making me more at ease to begin my interview.
At this point, I am told that I have eight (yes, eight!) minutes to conduct my interview.
He turns the tables on me and starts interrogating me. “Where is Capital FM and what’s its coverage? Do you reach out to victims and witnesses of the post-election violence?”
This sets the mood for our interview but I ask whether I should shoot my questions or wait for him to finish his breakfast.
He is quick to tell me that we should proceed as he has a beehive of activities lined up in the final 12 hours of his five-day visit in Kenya.
Before my interview, Mr Ocampo has spoken a lot about the International Criminal Court (ICC) and extensively illustrated his role in the Kenyan process, and so that is not in my interest today.
“As you can see now, I am eating a croissant,” is his answer when I ask what his favourite meal is.
Do you have a family? I continue... “Yes I have a family. My wife and kids live in Buenos Aires. I am working for the world doing justice and I go to see my family once a month for a few days.”
What do you do in your free time? I ask. “I have no free time. My only free time is only when I am flying. But it is great. I feel honoured to be the prosecutor of the ICC.”
He is passionate with matters of justice especially for the poor and weak in all societies.
He never forgets to mention his concern for victims of violence and even uses the opportunity to send me to a victim in Kibera Jane Wairimu who had been interviewed on Monday by Radio Netherlands Worldwide.
“I want to use the opportunity to talk to people like Jane, she lost everything, but now she has hope in the ICC. I’d like to work for her but I know I can prosecute some leaders but Jane needs more. She needs to recover her house; she needs assistance, that is why I will do my job for Jane. It will not be enough but I need other Kenyans to work for Jane,” this is Mr Ocampo’s special message not only to Jane, but the thousands of victims of the 2008 post-election violence.
It is interesting to know that Mr Ocampo has rich experience and is compassionate in matters of law, human rights and justice for victims.
Before he became the ICC Prosecutor, he served as a deputy prosecutor during the junta trials in his native Argentina.
He has also served as a District Attorney.
In 1992 he started his own law firm where his clients included renowned football legend Diego Maradona.
He also represented victims of the Nazi war.
An Associate Professor of criminal law, Mr Ocampo lectured at Stanford University, University of Buenos Aires and Harvard Law School.
The veteran prosecutor also draws a lot of experience in law after having worked as a consultant for World Bank and sat in the advisory board of Transparency International.
So how did he become the ICC Prosecutor?
“I was in Buenos Aires parking my car and then I received a phone call telling me, ‘Luis Moreno Ocampo, we are calling you because we put your name in a list of candidates to be the Prosecutor of the ICC and now you have made it to the top of the list. We have never talked to you, so we don’t know whether you’d like the job,’ he recalls.
He continued, “I told my wife I have received this funny call today. Nothing will happen don’t worry. I went to New York for an interview and a few months later they appointed me unanimously.”
The 58-year-old prosecutor was elected unopposed as the first ICC Prosecutor in April 2003.
My eight minutes are up before I probe the private life of Mr Ocampo further.
Immediately after finishing his breakfast he rushes to another interview marking the beginning of a series of meetings he has to attend before leaving the country.
But even as he hurriedly leaves his table, he warmly gives me a handshake and tells me to collect questions from Kenyans on his behalf and email them to his office.
Thursday, April 29, 2010
SEAT IN JAIL
THE HAGUE, Apr 29 - “Those who caused violence in 2007/2008 were aiming to have a seat in the Cabinet, but they have to understand if you commit violence you have a seat in jail! says International Criminal Prosecutor Luis Moreno-Ocampo.
In this exclusive interview with Capital News, Mr Ocampo affirms his commitment to pursue the perpetrators and also shares his thoughts about international justice and the importance of cooperation by member States.
“The weakest people are the victims, the women and the children,” said the prosecutor.
The man, widely perceived in Kenya as the deliverer of justice explains what motivates his stressful and risky job which entails dealing with powerful individuals.
Q. Tell us about Luis Moreno-Ocampo
A. I am the Prosecutor of the ICC. My work is to investigate massive crimes when the nationals are not doing that. Particularly people in the slums… sometimes they are ignored and I would like to listen to them and they have to listen to me too because I have to represent them in court. Sometimes they are victims of this type of crimes. Even as a global prosecutor I would like to work for them.
When someone is protected by someone else, I should not interfere. In Colombia there are national prosecutors doing the job so I don’t need to intervene, so I intervene when the people are not presented, (when) no one is taking care of their interests. That is why I like this job. I have to go normally to people who are ignored, very poor, marginalised and then. Yes! We go and work for them.
Q. Is it that Kenya doesn’t have a strong judicial system to prosecute the crimes you are handling?
A. No, we are not making any judgment on the Kenyan judicial system. In fact one of the judges at the ICC is Kenyan. The problem is, there are no national proceedings in Kenya about the post election violence, and that is the issue. When there are no cases, we do a case.
Normally the States organise themselves to have their own police, their own Judiciary. But with these massive crimes they agreed to have this International Criminal Court, so when a country like Kenya joined the court, we are part of the Kenyan justice system. We are the independent part of Kenyan judicial system supported by Kenya, supported by other 110 member States. Then our job is to end impunity for the most serious crimes and that is what we are doing. What we expect from the state parties such as Kenya, is respect for the law and support.
Q. How will the ICC deal with powerful individuals who are suspects?
A. We will be looking at the crimes. I will prosecute the most responsible because really we are a court where we focus on the most responsible. We cannot investigate many people here.
At the same time we respect the accused rights. In Kenya some people are suspects but we will see if they are guilty or not, so as a prosecutor I have to be impartial.
It is my duty to investigate - incriminating but also exonerating to seek for justice. We are willing to meet and receive those considered to be suspects and listen to them and what they have to say.
Q. Is the ICC also concerned with the process of Truth Justice and Reconciliation in countries under its investigation?
A. Yes! We would like to work with others like truth and justice commissions and local leaders among others. This is important as the common goal is to be sure that the next election in 2012 is peaceful.
We are more than happy to work with whoever is working with this goal and in fact I m going to Kenya in May and I would like to meet the local leaders, people in the slums, discussing how we can help them. I came from Argentina when there were serious crimes. The way to reconcile is to establish the law because if someone raped my daughter no one can force me to reconcile with this person, in this case the rapist. However, according to a legal system, I cannot kill the rapist, so that is why the justice effort could help to reconcile the people.
Q. You seem to believe that reconciliation processes are important. Explain this further.
A. We need to organise a system to live together not just in Kenya but in the world. The issue is to live together. I remember I met with President Museveni in Uganda because he invited President Bashir and he explained to me that Bashir is his tribe, you cannot understand and I said, I love the tribal idea. In fact you and I are in the same tribe, we are the ICC tribe, a bigger tribe.
Because you are the Bashir tribe, invite him to Uganda, then arrest him. For me whatever we are building is a global tribe. The basic idea is no more massive killing… we are united for this but this is a very important tribe.
Q. Sudan’s President Omar al Bashir has been indicted, yet he hasn’t been arrested. Do you think Kenyan suspects will be arrested?
A. The problem is al Bashir is using the army and the police and the State operatives to commit crime. Here in Kenya, the government is not committing crime; the government is trying to control crime.
So I think the Kenya State will help to arrest the people. But there is always a chance and we are evaluating every moment that the accused appear voluntarily and we don’t have to arrest them.
In each country we request territorial States to arrest individuals. That is what we are requesting Sudan to arrest Al Bashir and he has a responsibility to appear voluntarily in court.
Q. When you last visited Kenya in November 2009, PEV victims were not happy that you didn’t meet with them. Why did you choose not to?
A. I had my limits because I could not meet with the victims before the judges authorised my investigations. That is why I said I will come to Kenya as soon as the judges authorise my investigations to meet the victims.
The President and the Prime Minister are in charge of Kenya, so I had to inform them what I had come to do. I had to inform them that I would open investigations requesting the judges’ authorisation. Now it is my time to meet the victims. It will be the beginning. I will see how many places I can visit, but I will try to come back in September or October to be there again and meet more victims.
Q. What is your itinerary when you come to Kenya in May?
A. I will come to Kenya to listen to victims. I will ask what happened to you, how were you affected? I don’t want people thinking I’m coming to put you in jail. They have to understand my mandate, what I can do and what I cannot do. I will fulfill my role. I will do what I am promising to do. I would like to tell the Kenyan people to keep reporting justice and justice will come to them.
Q. Israel and the US are not signatories to the ICC Treaty. Why should Kenya be a member and what do you mean that Kenya will be an example to the world, is it a threat?
A. Kenya accepted the idea as many as 29 other African countries, as Europe, as South America. We suffered crime during the pre-colonial time, we suffered crimes during the cold war, and that is why we learn the law is important to protect us. It is showing the sophistication of Kenya to accept and join the treaty and the others will learn.
They feel they can be protected by armies, and we are thinking no! We can be protected by law. That is why we are saying Kenya will be an example to show that. It will be an example of how we can use the law to do justice for the victims and to prevent violence in the future, it is the example we are giving together; the Kenyan people, the Kenyan authorities and the court working together.
Q. Kenyans have a high level of trust and expectations in you. Should they?
A. Oh, I (hope) they continue to trust me. I would like to see them, to be connected to them who are the poorest. I will do a couple of cases. It will not be the end of the story but the beginning of the story. I believe this will help a lot to understand that there will be no more violence.
In this exclusive interview with Capital News, Mr Ocampo affirms his commitment to pursue the perpetrators and also shares his thoughts about international justice and the importance of cooperation by member States.
“The weakest people are the victims, the women and the children,” said the prosecutor.
The man, widely perceived in Kenya as the deliverer of justice explains what motivates his stressful and risky job which entails dealing with powerful individuals.
Q. Tell us about Luis Moreno-Ocampo
A. I am the Prosecutor of the ICC. My work is to investigate massive crimes when the nationals are not doing that. Particularly people in the slums… sometimes they are ignored and I would like to listen to them and they have to listen to me too because I have to represent them in court. Sometimes they are victims of this type of crimes. Even as a global prosecutor I would like to work for them.
When someone is protected by someone else, I should not interfere. In Colombia there are national prosecutors doing the job so I don’t need to intervene, so I intervene when the people are not presented, (when) no one is taking care of their interests. That is why I like this job. I have to go normally to people who are ignored, very poor, marginalised and then. Yes! We go and work for them.
Q. Is it that Kenya doesn’t have a strong judicial system to prosecute the crimes you are handling?
A. No, we are not making any judgment on the Kenyan judicial system. In fact one of the judges at the ICC is Kenyan. The problem is, there are no national proceedings in Kenya about the post election violence, and that is the issue. When there are no cases, we do a case.
Normally the States organise themselves to have their own police, their own Judiciary. But with these massive crimes they agreed to have this International Criminal Court, so when a country like Kenya joined the court, we are part of the Kenyan justice system. We are the independent part of Kenyan judicial system supported by Kenya, supported by other 110 member States. Then our job is to end impunity for the most serious crimes and that is what we are doing. What we expect from the state parties such as Kenya, is respect for the law and support.
Q. How will the ICC deal with powerful individuals who are suspects?
A. We will be looking at the crimes. I will prosecute the most responsible because really we are a court where we focus on the most responsible. We cannot investigate many people here.
At the same time we respect the accused rights. In Kenya some people are suspects but we will see if they are guilty or not, so as a prosecutor I have to be impartial.
It is my duty to investigate - incriminating but also exonerating to seek for justice. We are willing to meet and receive those considered to be suspects and listen to them and what they have to say.
Q. Is the ICC also concerned with the process of Truth Justice and Reconciliation in countries under its investigation?
A. Yes! We would like to work with others like truth and justice commissions and local leaders among others. This is important as the common goal is to be sure that the next election in 2012 is peaceful.
We are more than happy to work with whoever is working with this goal and in fact I m going to Kenya in May and I would like to meet the local leaders, people in the slums, discussing how we can help them. I came from Argentina when there were serious crimes. The way to reconcile is to establish the law because if someone raped my daughter no one can force me to reconcile with this person, in this case the rapist. However, according to a legal system, I cannot kill the rapist, so that is why the justice effort could help to reconcile the people.
Q. You seem to believe that reconciliation processes are important. Explain this further.
A. We need to organise a system to live together not just in Kenya but in the world. The issue is to live together. I remember I met with President Museveni in Uganda because he invited President Bashir and he explained to me that Bashir is his tribe, you cannot understand and I said, I love the tribal idea. In fact you and I are in the same tribe, we are the ICC tribe, a bigger tribe.
Because you are the Bashir tribe, invite him to Uganda, then arrest him. For me whatever we are building is a global tribe. The basic idea is no more massive killing… we are united for this but this is a very important tribe.
Q. Sudan’s President Omar al Bashir has been indicted, yet he hasn’t been arrested. Do you think Kenyan suspects will be arrested?
A. The problem is al Bashir is using the army and the police and the State operatives to commit crime. Here in Kenya, the government is not committing crime; the government is trying to control crime.
So I think the Kenya State will help to arrest the people. But there is always a chance and we are evaluating every moment that the accused appear voluntarily and we don’t have to arrest them.
In each country we request territorial States to arrest individuals. That is what we are requesting Sudan to arrest Al Bashir and he has a responsibility to appear voluntarily in court.
Q. When you last visited Kenya in November 2009, PEV victims were not happy that you didn’t meet with them. Why did you choose not to?
A. I had my limits because I could not meet with the victims before the judges authorised my investigations. That is why I said I will come to Kenya as soon as the judges authorise my investigations to meet the victims.
The President and the Prime Minister are in charge of Kenya, so I had to inform them what I had come to do. I had to inform them that I would open investigations requesting the judges’ authorisation. Now it is my time to meet the victims. It will be the beginning. I will see how many places I can visit, but I will try to come back in September or October to be there again and meet more victims.
Q. What is your itinerary when you come to Kenya in May?
A. I will come to Kenya to listen to victims. I will ask what happened to you, how were you affected? I don’t want people thinking I’m coming to put you in jail. They have to understand my mandate, what I can do and what I cannot do. I will fulfill my role. I will do what I am promising to do. I would like to tell the Kenyan people to keep reporting justice and justice will come to them.
Q. Israel and the US are not signatories to the ICC Treaty. Why should Kenya be a member and what do you mean that Kenya will be an example to the world, is it a threat?
A. Kenya accepted the idea as many as 29 other African countries, as Europe, as South America. We suffered crime during the pre-colonial time, we suffered crimes during the cold war, and that is why we learn the law is important to protect us. It is showing the sophistication of Kenya to accept and join the treaty and the others will learn.
They feel they can be protected by armies, and we are thinking no! We can be protected by law. That is why we are saying Kenya will be an example to show that. It will be an example of how we can use the law to do justice for the victims and to prevent violence in the future, it is the example we are giving together; the Kenyan people, the Kenyan authorities and the court working together.
Q. Kenyans have a high level of trust and expectations in you. Should they?
A. Oh, I (hope) they continue to trust me. I would like to see them, to be connected to them who are the poorest. I will do a couple of cases. It will not be the end of the story but the beginning of the story. I believe this will help a lot to understand that there will be no more violence.
Tuesday, April 6, 2010
MOU
A section of the civil society is now calling for a pre-referendum Memorandum of Understanding by leaders to avoid the derailment of the constitution making process.
Kenyans for Justice and Development (KEJUDE) wants an agreement reached between church leaders and Members of Parliament pledging that amendments would be made to the proposed Constitution should it pass at the referendum.
Speaking to journalists on Monday, activist Okiya Omtatah said this would ensure that there were no divisions leading up to the referendum.
“Church leaders should reject verbal assurances and demand that President Mwai Kibaki and the Prime Minister Raila Odinga lead MPs into signing a pre-referendum memorandum of understanding that immediately the new Constitution is ratified, they will embark on amendments to remove all offending clauses,” Mr Omtatah said.
While underlining that the church was a well-established and powerful institution, Mr Omtatah said that an MOU would be able to soften hard line position being taken on the abortion and Kadhis courts clauses.
“Politicians should not dismiss the position of the church as dismal and parochial,” he said.
The Easter break presented a perfect platform for church leaders to air their views on Parliament’s recent passing of the proposed Constitution without making a single amendment to the document.
The National Council of Churches of Kenya has already distanced itself from the document saying it could not support it due to the inclusion of the abortion clause.
Mr Omtatah said that the support of the church on the proposed law would play a meaningful role in uniting Kenyans ahead of the crucial vote.
At the same time, KEJUDE convener Neto Agostinho faulted the Committee of Experts for failing to iron out what the contentious issues were before subjecting Kenyans to a referendum.
Mr Agostinho said this would have helped in building consensus amongst Kenyans on the way forward.
“Kenyans should have been having a document that highlights all the issues that have been agreed upon have them in one bundle and others that haven’t been agreed upon but that didn’t happen,” he said.
Kenyans for Justice and Development (KEJUDE) wants an agreement reached between church leaders and Members of Parliament pledging that amendments would be made to the proposed Constitution should it pass at the referendum.
Speaking to journalists on Monday, activist Okiya Omtatah said this would ensure that there were no divisions leading up to the referendum.
“Church leaders should reject verbal assurances and demand that President Mwai Kibaki and the Prime Minister Raila Odinga lead MPs into signing a pre-referendum memorandum of understanding that immediately the new Constitution is ratified, they will embark on amendments to remove all offending clauses,” Mr Omtatah said.
While underlining that the church was a well-established and powerful institution, Mr Omtatah said that an MOU would be able to soften hard line position being taken on the abortion and Kadhis courts clauses.
“Politicians should not dismiss the position of the church as dismal and parochial,” he said.
The Easter break presented a perfect platform for church leaders to air their views on Parliament’s recent passing of the proposed Constitution without making a single amendment to the document.
The National Council of Churches of Kenya has already distanced itself from the document saying it could not support it due to the inclusion of the abortion clause.
Mr Omtatah said that the support of the church on the proposed law would play a meaningful role in uniting Kenyans ahead of the crucial vote.
At the same time, KEJUDE convener Neto Agostinho faulted the Committee of Experts for failing to iron out what the contentious issues were before subjecting Kenyans to a referendum.
Mr Agostinho said this would have helped in building consensus amongst Kenyans on the way forward.
“Kenyans should have been having a document that highlights all the issues that have been agreed upon have them in one bundle and others that haven’t been agreed upon but that didn’t happen,” he said.
Thursday, April 1, 2010
APRIL FOOL
Ocampo lands in Kenya to nab suspects
International Criminal Court (ICC) Prosecutor Louis Moreno Ocampo has arrived in Kenya, barely hours after he got the go ahead to pursue 20 suspects accused of having organised or funded the 2007 post election violence.
Mr Ocampo landed at the Jomo Kenyatta International Airport at 4.45am aboard a Boeing 787-999 jetliner accompanied by 15 massively armed, security women - who are expected to assist him track down the suspects.
“They arrived very early in the morning and went straight to the Presidential pavilion where they were received by senior government officials and some of the country’s top security chiefs,” a highly placed source at the airport told Capital News.
Upon arrival, Mr Ocampo and his entourage inspected a guard of honour mounted by a special elite security unit based in North Horr.
Another source privy to the Prosecutor’s diary here in Nairobi told Capital News that Mr Ocampo was scheduled to hold a flurry of meetings with top government officials before he begins rounding up the suspects one-by-one.
The jet he came with will remain parked at the JKIA and will ferry the suspects back to The Hague once they are all arrested possibly within the next 48 hours.
Mr Ocampo is expected to travel to a secret location in Turkana where he will remain holed up, as his officers conduct investigations due to guarantee his safety.
“We did not expect him to come this early, given that the ruling at the pre-trial chamber was made just yesterday (Wednesday). We are all surprised,” a source at the Prime Minister’s office who cannot be named due to the sensitivity of the matter said.
Another top official at the Office of the President said “he has certainly come to pick the suspects… he cannot have come to do any other business here.”
In the meantime, Capital News has reliably established that some of the key suspects being sought by Ocampo have already gone into hiding.
“There are those who have already gone underground, but I am sure they will be arrested because there is adequate security surveillance at the common border points, none of them will be able to flee the country,” a senior police officer at Vigilance House said and added that “even our airports are under surveillance, they cannot go anywhere.”
The investigators accompanying Mr Ocampo are however carrying sophisticated surveillance equipment which they will use to detect the whereabouts of the suspects using DNA technology and it is believed none of them will get away.
Mr Ocampo’s shock arrival in the country comes barely hours after judges at the pre-trial chamber in The Hague made a ruling, granting the Prosecutor the green light to commence a full scale investigation against top politicians and businessmen suspected to have organised or funded the post election violence which left some 1,500 people killed and 350,000 more displaced.
"The chamber, by majority, hereby authorizes the commencement of an investigation into the situation in the Republic of Kenya in relation to crimes against humanity," the court decision said in a statement posted on ICC’s website on Wednesday.
International Criminal Court (ICC) Prosecutor Louis Moreno Ocampo has arrived in Kenya, barely hours after he got the go ahead to pursue 20 suspects accused of having organised or funded the 2007 post election violence.
Mr Ocampo landed at the Jomo Kenyatta International Airport at 4.45am aboard a Boeing 787-999 jetliner accompanied by 15 massively armed, security women - who are expected to assist him track down the suspects.
“They arrived very early in the morning and went straight to the Presidential pavilion where they were received by senior government officials and some of the country’s top security chiefs,” a highly placed source at the airport told Capital News.
Upon arrival, Mr Ocampo and his entourage inspected a guard of honour mounted by a special elite security unit based in North Horr.
Another source privy to the Prosecutor’s diary here in Nairobi told Capital News that Mr Ocampo was scheduled to hold a flurry of meetings with top government officials before he begins rounding up the suspects one-by-one.
The jet he came with will remain parked at the JKIA and will ferry the suspects back to The Hague once they are all arrested possibly within the next 48 hours.
Mr Ocampo is expected to travel to a secret location in Turkana where he will remain holed up, as his officers conduct investigations due to guarantee his safety.
“We did not expect him to come this early, given that the ruling at the pre-trial chamber was made just yesterday (Wednesday). We are all surprised,” a source at the Prime Minister’s office who cannot be named due to the sensitivity of the matter said.
Another top official at the Office of the President said “he has certainly come to pick the suspects… he cannot have come to do any other business here.”
In the meantime, Capital News has reliably established that some of the key suspects being sought by Ocampo have already gone into hiding.
“There are those who have already gone underground, but I am sure they will be arrested because there is adequate security surveillance at the common border points, none of them will be able to flee the country,” a senior police officer at Vigilance House said and added that “even our airports are under surveillance, they cannot go anywhere.”
The investigators accompanying Mr Ocampo are however carrying sophisticated surveillance equipment which they will use to detect the whereabouts of the suspects using DNA technology and it is believed none of them will get away.
Mr Ocampo’s shock arrival in the country comes barely hours after judges at the pre-trial chamber in The Hague made a ruling, granting the Prosecutor the green light to commence a full scale investigation against top politicians and businessmen suspected to have organised or funded the post election violence which left some 1,500 people killed and 350,000 more displaced.
"The chamber, by majority, hereby authorizes the commencement of an investigation into the situation in the Republic of Kenya in relation to crimes against humanity," the court decision said in a statement posted on ICC’s website on Wednesday.
Wednesday, March 31, 2010
PARLIAMENT
A packed Kenyan Parliament embarked on voting on amendments to the Proposed Constitution. We cover live proceedings of the crucial vote:
4.19 MPs proceed to division to vote on Mr Nkaissery’s amendment on exempting security forces from the bill of rights.
3.29 MPs approve a procedural Motion requiring them to hold extra ordinary sittings on Thursday morning to give them more time to debate and vote on the amendments to the Proposed Constitution. Prime Minister Raila Odinga urges MPs to think patriotism and not partisan politics.
3.10 Government Chief Whip Jakoyo Midiwo moves another procedural Motion to allow the House to hold an extra-ordinary sitting on Thursday morning. The Motion is seconded by Deputy PM Musalia Mudavadi and supported by ODM Ministers Mohammed Elmi, Anyang Nyongo as well as some ODM MPs.
However, the mood of the House seems to go against the Motion as many oppose.
3.08 MPs shoot down a procedural Motion that would have extended House sittings from 6.30pm to 11.50 to allow members debate and vote on the intended amendments to the Proposed Constitution.
Backbenchers led by Garsen MP Danson Mungatana said there was no need to extend the sittings since the mood in the House was that members were opposed to any amendments.
3.01 Government chief whip George Thuo moves a procedural Motion requiring the House to extend its sittings from the usual 6.30pm to 11.50pm. However, some MPs oppose the proposal, among them Danson Mungatana.
2.30 Parliament resumes but MPs first deal with Question Time before resuming debate on the Constitution.
1.30 Mr Musila convenes a press conference outside the chambers and registers his disappointment with fellow MPs who failed to support an amendment that would have ensured state security and guard against insubordination in the armed forces.
1.20 House adjourns until 2:30
1.17 An amendment by Defense Assistant Minister David Musila to bar members of the Disciplined forces (Army, Police, Prison warders) from demonstrating or representation by an advocate flops after only garnering the support of 122 MPs.
Four voted against the amendment while 21 absconded.
12.35 Speaker announces that there are 150 MPs in the chambers and orders a vote on Mr Musila’s proposed amendment.
12.08 Speaker Kenneth Marende announces a hitch in the tally of MPs present in the House. He said the clerks had recorded varying totals of 140, 143 and 146. He orders that the Clerk stands up and calls out the names one by one.
11.50 Speaker orders that the number of MPs in The Chambers be established as Mr Musila’s amendment gets overwhelming support. Unlike the other amendments where members walk out, the MPs remain seated awaiting the outcome of the count.
11.30 – 11.50 An amendment by Defense Assistant Minister David Musila to bar members of the Discipline forces (Army, Police, Prison warders) from demonstrating or representation by an advocate gets an applause and almost full House support.
11.26 An amendment by Mr Musyimi to delete a section that excuses the application of the Bill of Right for Muslims at the Kadhis court fails as only 60 MP are present when the Speaker calls for division.
11.08 Kipipiri MP Amos Kimunya stands and says he has withdrawn 30 of his amendments citing that “the mood of the House was against the amendments.
11.08 An amendment by Tinderet MP fails as he was not in the Chambers.
11.06 An amendment by Gachoka MP Mutava Musyimi to separate State and Religion flops as only 57 MPs are present
10.59 - Tens of MPs walk out of the chamber in protest of the amendment to separate State and religion after the Speaker declared that the numbers be ascertained to decide whether a division will be carried out.
10.46 Gachoka MP Mutava Musyimi moves amendments that State and Religion shall be separate.
10.42 Dozens of MPs troop back to the House after Speaker Kenneth Marende announces that Mr Orengo’s amendment had failed.
10.40 Mr Orengo’s amendment to introduce provinces as the second level of devolution fails as only 107 MPs are present in the House.
10.10 –10.15: In his opposition to devolution Laikipia East MP Mwangi Kiunjuri accuses the desire for Majimbo among the ODM as being behind the 2008 post election violence. Chepalungu MP Isack Ruto stands on a point of order to dispute the allegation accusing PNU of “stealing the election” thereby causing the violence.
10.20: An infuriated Gichugu MP Martha Karua stands to accuse Mr Ruto of itiminditing people by killing people in search for power.
Speaker Marende is forced to intervene and orders the three to withdraw their statements which he ruled were unparliamentarily.
10.10 Ugenya MP James Orengo moves an amendment to introduce the provinces as the second level of devolution. Heated debate ensues with equal support and opposition. Orange Democratic Movement MPs voice support while the Party of National Unity legislators insist to oppose the “introduction of Majimbo.”
10.07 – An amendment by Gachoka MP Mutava Musyimi on Article 4 to ensure a universally applicable Bill of Rights fails to garner the 145 support and is dismissed.
9.55 – Speaker Kenneth Marende rules that every member with an amendment will be given an opportunity to convince fellow colleagues.
9.05 – 9.50 Members argue whether they should debate an amendment when the House at that time does not have the requisite 145 MPs required to pass any amendment.
9.00 – Deputy Speaker Farah Maalim enters the chambers and leads the House into prayer.
4.19 MPs proceed to division to vote on Mr Nkaissery’s amendment on exempting security forces from the bill of rights.
3.29 MPs approve a procedural Motion requiring them to hold extra ordinary sittings on Thursday morning to give them more time to debate and vote on the amendments to the Proposed Constitution. Prime Minister Raila Odinga urges MPs to think patriotism and not partisan politics.
3.10 Government Chief Whip Jakoyo Midiwo moves another procedural Motion to allow the House to hold an extra-ordinary sitting on Thursday morning. The Motion is seconded by Deputy PM Musalia Mudavadi and supported by ODM Ministers Mohammed Elmi, Anyang Nyongo as well as some ODM MPs.
However, the mood of the House seems to go against the Motion as many oppose.
3.08 MPs shoot down a procedural Motion that would have extended House sittings from 6.30pm to 11.50 to allow members debate and vote on the intended amendments to the Proposed Constitution.
Backbenchers led by Garsen MP Danson Mungatana said there was no need to extend the sittings since the mood in the House was that members were opposed to any amendments.
3.01 Government chief whip George Thuo moves a procedural Motion requiring the House to extend its sittings from the usual 6.30pm to 11.50pm. However, some MPs oppose the proposal, among them Danson Mungatana.
2.30 Parliament resumes but MPs first deal with Question Time before resuming debate on the Constitution.
1.30 Mr Musila convenes a press conference outside the chambers and registers his disappointment with fellow MPs who failed to support an amendment that would have ensured state security and guard against insubordination in the armed forces.
1.20 House adjourns until 2:30
1.17 An amendment by Defense Assistant Minister David Musila to bar members of the Disciplined forces (Army, Police, Prison warders) from demonstrating or representation by an advocate flops after only garnering the support of 122 MPs.
Four voted against the amendment while 21 absconded.
12.35 Speaker announces that there are 150 MPs in the chambers and orders a vote on Mr Musila’s proposed amendment.
12.08 Speaker Kenneth Marende announces a hitch in the tally of MPs present in the House. He said the clerks had recorded varying totals of 140, 143 and 146. He orders that the Clerk stands up and calls out the names one by one.
11.50 Speaker orders that the number of MPs in The Chambers be established as Mr Musila’s amendment gets overwhelming support. Unlike the other amendments where members walk out, the MPs remain seated awaiting the outcome of the count.
11.30 – 11.50 An amendment by Defense Assistant Minister David Musila to bar members of the Discipline forces (Army, Police, Prison warders) from demonstrating or representation by an advocate gets an applause and almost full House support.
11.26 An amendment by Mr Musyimi to delete a section that excuses the application of the Bill of Right for Muslims at the Kadhis court fails as only 60 MP are present when the Speaker calls for division.
11.08 Kipipiri MP Amos Kimunya stands and says he has withdrawn 30 of his amendments citing that “the mood of the House was against the amendments.
11.08 An amendment by Tinderet MP fails as he was not in the Chambers.
11.06 An amendment by Gachoka MP Mutava Musyimi to separate State and Religion flops as only 57 MPs are present
10.59 - Tens of MPs walk out of the chamber in protest of the amendment to separate State and religion after the Speaker declared that the numbers be ascertained to decide whether a division will be carried out.
10.46 Gachoka MP Mutava Musyimi moves amendments that State and Religion shall be separate.
10.42 Dozens of MPs troop back to the House after Speaker Kenneth Marende announces that Mr Orengo’s amendment had failed.
10.40 Mr Orengo’s amendment to introduce provinces as the second level of devolution fails as only 107 MPs are present in the House.
10.10 –10.15: In his opposition to devolution Laikipia East MP Mwangi Kiunjuri accuses the desire for Majimbo among the ODM as being behind the 2008 post election violence. Chepalungu MP Isack Ruto stands on a point of order to dispute the allegation accusing PNU of “stealing the election” thereby causing the violence.
10.20: An infuriated Gichugu MP Martha Karua stands to accuse Mr Ruto of itiminditing people by killing people in search for power.
Speaker Marende is forced to intervene and orders the three to withdraw their statements which he ruled were unparliamentarily.
10.10 Ugenya MP James Orengo moves an amendment to introduce the provinces as the second level of devolution. Heated debate ensues with equal support and opposition. Orange Democratic Movement MPs voice support while the Party of National Unity legislators insist to oppose the “introduction of Majimbo.”
10.07 – An amendment by Gachoka MP Mutava Musyimi on Article 4 to ensure a universally applicable Bill of Rights fails to garner the 145 support and is dismissed.
9.55 – Speaker Kenneth Marende rules that every member with an amendment will be given an opportunity to convince fellow colleagues.
9.05 – 9.50 Members argue whether they should debate an amendment when the House at that time does not have the requisite 145 MPs required to pass any amendment.
9.00 – Deputy Speaker Farah Maalim enters the chambers and leads the House into prayer.
Sunday, March 28, 2010
EBUYA
Joseph Ebuya capped off one of the greatest days in Kenya’s cross country history by clinching the elusive individual senior men’s title in Bydgoszcz, Poland on Sunday.
It was also a personal triumph for Emily Chebet who pipped her compatriot and favourite Linet Masai to the senior women’s crown following a tremendous burst of speed in the final metres to winning in a time of 24:19.
Mercy Cherono lived up to her billing as the one to watch in the junior girls spearheading a Kenyan podium sweep while Caleb Mwangangi also a led a 1-2-3 finish in the junior men.
It was the first time since 1994 that Kenya had secured all individual titles in all four categories.
For Ebuya, it certainly was a day to remember as he ran the race of his life holding off runner up Teklemariam Medhin of Eritrea to bring the title back home since Paul Tergat in 1999.
Ebuya who stamped his authority 200m into the race crossed the tape in approximately 33 minutes.
Leonard Komon mounted a strong challenge to keep in touch with the race leaders but was just beaten to third place by Moses Kipsorio.
The much hyped battle between Masai and Ethiopia’s Tirunesh Dibaba failed to materialize as the race was dominated by the Kenyan contingent.
Kenya co-captain Lineth Chepkurui and Meselech Melkamu set the pace before proceedings were taken over by Masai and Chebet.
Dibaba appeared to be struggling with the pace of the leaders and never really threatened as she finished in fourth place behind her compatriot Melkamu.
Cherono was in a league of her own winning her race in a time of 18:47 ahead of silver medalist Purity Cherotich (18:54) and third place Esther Chemtai (18:55).
Lat year’s winner Genzebe Dibaba finished in eleventh place.
Mwangangi pulled away from the rest of the pack to win the junior men in a time of 22:07 while Clement Kiprono (22.09) and Japhet Kipyegon (22.12) finished second and third respectively.
David Letting’s team may have retained its overall team title but Ebuya’s will also be certainly be fighting for space amongst Monday morning headlines.
Results
Senior Men:
Joseph Ebuya –KEN (33:00)
Teklemariam Medhin-ERT (33:06)
Moses Kipsiro-UGA (33.10)
Senior Women:
Emily Chebet- KEN (24:19)
Linet Masai –KEN (24:20)
Meselech Melkamu (24:26)
Junior Men:
Caleb Mwangangi-KEN (22:07)
Clement Kiprono-KEN (22:09)
Japhet Kipyegon-KEN (22:12)
Junior Women
Mercy Cherono- KEN (18:47)
Purity Cherotich-KEN (18:54)
Esther Chemtai- KEN (18:55)
It was also a personal triumph for Emily Chebet who pipped her compatriot and favourite Linet Masai to the senior women’s crown following a tremendous burst of speed in the final metres to winning in a time of 24:19.
Mercy Cherono lived up to her billing as the one to watch in the junior girls spearheading a Kenyan podium sweep while Caleb Mwangangi also a led a 1-2-3 finish in the junior men.
It was the first time since 1994 that Kenya had secured all individual titles in all four categories.
For Ebuya, it certainly was a day to remember as he ran the race of his life holding off runner up Teklemariam Medhin of Eritrea to bring the title back home since Paul Tergat in 1999.
Ebuya who stamped his authority 200m into the race crossed the tape in approximately 33 minutes.
Leonard Komon mounted a strong challenge to keep in touch with the race leaders but was just beaten to third place by Moses Kipsorio.
The much hyped battle between Masai and Ethiopia’s Tirunesh Dibaba failed to materialize as the race was dominated by the Kenyan contingent.
Kenya co-captain Lineth Chepkurui and Meselech Melkamu set the pace before proceedings were taken over by Masai and Chebet.
Dibaba appeared to be struggling with the pace of the leaders and never really threatened as she finished in fourth place behind her compatriot Melkamu.
Cherono was in a league of her own winning her race in a time of 18:47 ahead of silver medalist Purity Cherotich (18:54) and third place Esther Chemtai (18:55).
Lat year’s winner Genzebe Dibaba finished in eleventh place.
Mwangangi pulled away from the rest of the pack to win the junior men in a time of 22:07 while Clement Kiprono (22.09) and Japhet Kipyegon (22.12) finished second and third respectively.
David Letting’s team may have retained its overall team title but Ebuya’s will also be certainly be fighting for space amongst Monday morning headlines.
Results
Senior Men:
Joseph Ebuya –KEN (33:00)
Teklemariam Medhin-ERT (33:06)
Moses Kipsiro-UGA (33.10)
Senior Women:
Emily Chebet- KEN (24:19)
Linet Masai –KEN (24:20)
Meselech Melkamu (24:26)
Junior Men:
Caleb Mwangangi-KEN (22:07)
Clement Kiprono-KEN (22:09)
Japhet Kipyegon-KEN (22:12)
Junior Women
Mercy Cherono- KEN (18:47)
Purity Cherotich-KEN (18:54)
Esther Chemtai- KEN (18:55)
Votes
Battle lines have been drawn as Members of Parliament prepare to vote on the proposed constitution this week before the document finally moves out of the House on Thursday as stipulated by the Constitution of Kenya Review Act.
MPs are scheduled to debate and vote on the amendments on Wednesday.
By Thursday the office of the Clerk had 19 amendments surrounding abortion, Kadhis courts and the tenures of the Attorney General, Chief Justice and the Auditor and Controller General.
There were unconfirmed reports that close to 200 requests for amendments had reached the legal team by Friday. The panel will however merge most of the proposals since they touch on similar matters.
Should any of the amendments pass the document will be sent back to the Committee of Experts for incorporation.
Should the proposed document pass without amendments it will be forwaded to the Attorney General for publication in readiness for the referendum.
The reality of the daunting task of passing amendments started sinking late last week with two Cabinet Ministers admitting that there are slim chances of success.
Immigration Minister Otieno Kajwang said it was unlikely that the numerous amendments being fronted by Members of Parliament would pass the test of 145 members' support to sail through.
Mr Kajwang said with the battle lines between political parties already drawn, it was almost certain none of the amendments would pass.
"Sixty five percent is close to unanimous and one will have to bring a very good amendment which almost all of us agree with," said Mr Kajwang.
The Minister however said there was a shared feeling that the Proposed Constitution is better than the current law, and would sail through the House with or without amendments.
"Our party (Orange Democratic Movement) had planned to push for the introduction of regions but we have noticed it is going to be a bit difficult to get agreement," he added.
Justice and Constitutional Affairs Minister Mutula Kilonzo concurred with Mr Kajwang but said non-political issues could attract the numbers. He singled out the clause on abortion and the creation of the Parliamentary Fund as some of the issues which had support across the political divide.
Mr Kilonzo however regretted that failure by MPs to agree in their retreat early in the week had made the situation more difficult.
"I would propose to those seeking amendments to seek support across the board and put the amendments that have considerable consensus in a package then we can vote for them in the House easily," he told Capital News on phone from his Mbooni constituency.
However as Members of Parliament rush to submit amendment proposals, a section were vowing to frustrate any amendments to the proposed Constitution, saying their colleagues are out to mutilate the draft.
Imenti Central MP Gitobu Imanyara on Friday claimed to have mobilised 80 MPs to prevent what he called entrenchment of the views of the status quo.
"Those of us who are determined to bring a new Constitution have agreed to block all attempts for amendments," he told Capital News. "We should not be worried by the sideshows and the narrow considerations that is behind a lot of these new proposed amendments."
MPs are scheduled to debate and vote on the amendments on Wednesday.
By Thursday the office of the Clerk had 19 amendments surrounding abortion, Kadhis courts and the tenures of the Attorney General, Chief Justice and the Auditor and Controller General.
There were unconfirmed reports that close to 200 requests for amendments had reached the legal team by Friday. The panel will however merge most of the proposals since they touch on similar matters.
Should any of the amendments pass the document will be sent back to the Committee of Experts for incorporation.
Should the proposed document pass without amendments it will be forwaded to the Attorney General for publication in readiness for the referendum.
The reality of the daunting task of passing amendments started sinking late last week with two Cabinet Ministers admitting that there are slim chances of success.
Immigration Minister Otieno Kajwang said it was unlikely that the numerous amendments being fronted by Members of Parliament would pass the test of 145 members' support to sail through.
Mr Kajwang said with the battle lines between political parties already drawn, it was almost certain none of the amendments would pass.
"Sixty five percent is close to unanimous and one will have to bring a very good amendment which almost all of us agree with," said Mr Kajwang.
The Minister however said there was a shared feeling that the Proposed Constitution is better than the current law, and would sail through the House with or without amendments.
"Our party (Orange Democratic Movement) had planned to push for the introduction of regions but we have noticed it is going to be a bit difficult to get agreement," he added.
Justice and Constitutional Affairs Minister Mutula Kilonzo concurred with Mr Kajwang but said non-political issues could attract the numbers. He singled out the clause on abortion and the creation of the Parliamentary Fund as some of the issues which had support across the political divide.
Mr Kilonzo however regretted that failure by MPs to agree in their retreat early in the week had made the situation more difficult.
"I would propose to those seeking amendments to seek support across the board and put the amendments that have considerable consensus in a package then we can vote for them in the House easily," he told Capital News on phone from his Mbooni constituency.
However as Members of Parliament rush to submit amendment proposals, a section were vowing to frustrate any amendments to the proposed Constitution, saying their colleagues are out to mutilate the draft.
Imenti Central MP Gitobu Imanyara on Friday claimed to have mobilised 80 MPs to prevent what he called entrenchment of the views of the status quo.
"Those of us who are determined to bring a new Constitution have agreed to block all attempts for amendments," he told Capital News. "We should not be worried by the sideshows and the narrow considerations that is behind a lot of these new proposed amendments."
KADHI's COURTS
Prime Minister Raila Odinga has once again criticised the church over their stand on the abortion and Kadhi courts issues in the draft constitution.
Speaking in his Kibera Constituency where he made a resounding pitch for a new constitution on Saturday, Mr Odinga asked church leaders to climb down from their hard-line positions on the controversial abortion and Kadhi debate.
“Someone is saying that I will ensure that this constitution does not go through if it has the kadhi’s courts but if that happens, we will remain with the current constitution and all the work done will be null and void,” the PM argued.
Church leaders have always stated that they will mobilise their faithful to reject the proposed draft constitution if the chapters on the Kadhi Courts and the right to life are not amended.
They want the Kadhi Courts expunged and the right to life guaranteed.
NCCK Secretary General Canon Peter Karanja had said that the State should be separated from religion and since Kenya is considered a secular State no religion should be mentioned in the supreme law.
The Christian community has been up in arms against the Committee of Experts (CoE) on the constitution for failing to recognise the courts as part of the contentions contained in the draft. The clergy faulted the PSC for failing to “listen to the Christians.”
Last month, the church leaders threatened to shoot down the draft in the national referendum after they claimed that the two review bodies had ignored the demands.
The church leaders claim that having such courts in the constitution was discriminatory as it makes references to Islam.
They termed as malicious a move by the CoE to remove provisions that guarantee the separation of State and religion, and that which provides that the State shall treat all regions equally.
Justice Minister Mutula Kilonzo had called for dialogue between Christians and Muslims over the disputed Kadhis Courts issue, saying it would be a good avenue to avert the rejection of the draft at the referendum.
The draft establishes the Kadhi courts but limits them to the determination of the questions of Muslim law relating to personal status, marriage, divorce or inheritance, in proceedings where all the parties profess the Muslim religion and submit to the jurisdiction of the Kadhi’s courts.
Speaking at the same time in Kibera, Orange Democratic Movement Chief Whip Jakoyo Midiwo, who accompanied the PM, also said he would lobby for MPs’ support on the party position for the creation of 25 regions and 74 to 80 counties.
Parliament is expected to conclude debate on the draft constitution with or without amendments on Thursday.
Speaking in his Kibera Constituency where he made a resounding pitch for a new constitution on Saturday, Mr Odinga asked church leaders to climb down from their hard-line positions on the controversial abortion and Kadhi debate.
“Someone is saying that I will ensure that this constitution does not go through if it has the kadhi’s courts but if that happens, we will remain with the current constitution and all the work done will be null and void,” the PM argued.
Church leaders have always stated that they will mobilise their faithful to reject the proposed draft constitution if the chapters on the Kadhi Courts and the right to life are not amended.
They want the Kadhi Courts expunged and the right to life guaranteed.
NCCK Secretary General Canon Peter Karanja had said that the State should be separated from religion and since Kenya is considered a secular State no religion should be mentioned in the supreme law.
The Christian community has been up in arms against the Committee of Experts (CoE) on the constitution for failing to recognise the courts as part of the contentions contained in the draft. The clergy faulted the PSC for failing to “listen to the Christians.”
Last month, the church leaders threatened to shoot down the draft in the national referendum after they claimed that the two review bodies had ignored the demands.
The church leaders claim that having such courts in the constitution was discriminatory as it makes references to Islam.
They termed as malicious a move by the CoE to remove provisions that guarantee the separation of State and religion, and that which provides that the State shall treat all regions equally.
Justice Minister Mutula Kilonzo had called for dialogue between Christians and Muslims over the disputed Kadhis Courts issue, saying it would be a good avenue to avert the rejection of the draft at the referendum.
The draft establishes the Kadhi courts but limits them to the determination of the questions of Muslim law relating to personal status, marriage, divorce or inheritance, in proceedings where all the parties profess the Muslim religion and submit to the jurisdiction of the Kadhi’s courts.
Speaking at the same time in Kibera, Orange Democratic Movement Chief Whip Jakoyo Midiwo, who accompanied the PM, also said he would lobby for MPs’ support on the party position for the creation of 25 regions and 74 to 80 counties.
Parliament is expected to conclude debate on the draft constitution with or without amendments on Thursday.
Saturday, March 20, 2010
REINSTATED
The Court of Appeal has reinstated an election petition against Kirinyaga Central Member of Parliament, Ngata Kariuki.
The petition was struck out by a Nyeri High Court judge on claims that Mr Kariuki was not personally served.
Appellate judges Phillip Tonui, Daniel Aganyanya and Phillip Waki disregarded the finding and ruled that the petitioner Daniel Karaba had adduced sufficient evidence and proved that the legislator was indeed personally served.
The Bench held that process server John Musyoka duly served the MP at Panafric Hotel in Nairobi. The parliamentary loser had moved to the Court of Appeal after Judge Mary Kasango sitting in Nyeri dismissed the petition.
“According to evidence adduced before this court, the MP was at the hotel where he was duly served by the process server and not in Kerugoya as alleged. Consequently, we set aside the high court decision and direct the petition be heard.”
Mr Karaba is also pursuing a constitutional case wanting to be declared the duly elected Member of Parliament for Kirinyaga Central.
The matter is yet to commence before a three-judge Bench.
In the application, Mr Karaba avers that former Electoral Commission of Kenya chairman Samuel Kivuitu admitted that he won the parliamentary elections.
This he says was verified by comments and observations of the Kriegler Commission following the commission’s independent analysis and verification of the results held by ECK for Kirinyaga Central Constituency.
In another petition, Judge Luka Kimaru has dismissed an application seeking scrutiny and recounts of votes cast in Juja constituency by former MP William Kabogo.
The judge said Mr Kabogo did not give satisfactory grounds to persuade the court grant him the prayers adding that the exercise will be fruitless because there is no evidence that election results were tampered with.
The former MP had asked the court to order a scrutiny of votes cast saying true figures were unknown because of several mistakes which had been admitted in court by witnesses.
The petition was struck out by a Nyeri High Court judge on claims that Mr Kariuki was not personally served.
Appellate judges Phillip Tonui, Daniel Aganyanya and Phillip Waki disregarded the finding and ruled that the petitioner Daniel Karaba had adduced sufficient evidence and proved that the legislator was indeed personally served.
The Bench held that process server John Musyoka duly served the MP at Panafric Hotel in Nairobi. The parliamentary loser had moved to the Court of Appeal after Judge Mary Kasango sitting in Nyeri dismissed the petition.
“According to evidence adduced before this court, the MP was at the hotel where he was duly served by the process server and not in Kerugoya as alleged. Consequently, we set aside the high court decision and direct the petition be heard.”
Mr Karaba is also pursuing a constitutional case wanting to be declared the duly elected Member of Parliament for Kirinyaga Central.
The matter is yet to commence before a three-judge Bench.
In the application, Mr Karaba avers that former Electoral Commission of Kenya chairman Samuel Kivuitu admitted that he won the parliamentary elections.
This he says was verified by comments and observations of the Kriegler Commission following the commission’s independent analysis and verification of the results held by ECK for Kirinyaga Central Constituency.
In another petition, Judge Luka Kimaru has dismissed an application seeking scrutiny and recounts of votes cast in Juja constituency by former MP William Kabogo.
The judge said Mr Kabogo did not give satisfactory grounds to persuade the court grant him the prayers adding that the exercise will be fruitless because there is no evidence that election results were tampered with.
The former MP had asked the court to order a scrutiny of votes cast saying true figures were unknown because of several mistakes which had been admitted in court by witnesses.
Tuesday, March 16, 2010
2 300 000 000 to NGOs
The British government has now side-stepped the Kenyan government over the funding of the free primary education program and will instead release the money amounting to Sh2.3 billion through non-governmental organisations.
The disbursement Is now expected to begin in April.
British High Commissioner Rob Macaire said the UK was scouting for NGOs and individual schools which will be given the education cash.
His government suspended funding to Kenya in December last year following the misappropriation of Sh100 million meant for FPE.
The High Commissioner said the UK remains unwilling to channel the funds through the Ministry of Education because the government is yet to deal exhaustively with corruption at the Ministry.
President Mwai Kibaki has since suspended Education Permanent Secretary Professor Karega Mutahi. Other top officials from the Ministry have also been arraigned in court over the scam.
He adds that while the suspension of PS's in recent days is a good indication of fighting graft, a lot more needs to be done, including a refund of the stolen monies and an internal audit.
The disbursement Is now expected to begin in April.
British High Commissioner Rob Macaire said the UK was scouting for NGOs and individual schools which will be given the education cash.
His government suspended funding to Kenya in December last year following the misappropriation of Sh100 million meant for FPE.
The High Commissioner said the UK remains unwilling to channel the funds through the Ministry of Education because the government is yet to deal exhaustively with corruption at the Ministry.
President Mwai Kibaki has since suspended Education Permanent Secretary Professor Karega Mutahi. Other top officials from the Ministry have also been arraigned in court over the scam.
He adds that while the suspension of PS's in recent days is a good indication of fighting graft, a lot more needs to be done, including a refund of the stolen monies and an internal audit.
Monday, March 15, 2010
AMENDMENT OR NOT
Close to 100 Members of Parliament now want the debate on the Proposed Constitution set to begin on Tuesday shelved and instead a consensus building retreat that aborted last week rescheduled.
Meeting under the Parliamentary Caucus for Reforms on Monday, the MPs proposed to re-table a Motion of adjournment on Tuesday afternoon after a previous attempt last week faced defeat. The lawmakers feel it is necessary for them to hold an informal session to thrash out the contentious issues before debate in the House.
“We have resolved it will be necessary to adjourn the normal sittings so that we can go and talk and reach an understanding on issues that are not clear,” said the convener of the group Garsen MP Danson Mungatana.
“We intend to execute our role as stipulated in the law in a cordial but very organised manner.”
The MPs sent a petition to the Speaker so that the adjournment Motion can be included in Tuesday’s order of Parliamentary business.
Twenty five MPs defeated last week’s Motion claiming that the retreat was meant to mutilate the Proposed Constitution. Those who supported the retreat numbered 23.
Mr Mungatana told a press conference that the MPs identified 25 issues they termed as contentious but was quick to add that they were determined to reach a compromise on the issues and approach debate from a common view.
Major controversial issues included the date of general elections, abortion, powers of the Senate, fresh vetting of judges, the number of MPs, the revenue allocation commisssion and the role of the Prime Minister in making new appointments.
Mr Mungatana said they would request experts to be included in the retreat to explain to MPs the diverse issues.
“We do not want what happened in 2005 to repeat itself. We want to debate in a manner that will inform. Not one that will create confusion and acrimony,” said the Garsen MP.
Monday’s meeting was dominated by backbenchers and Assistant Ministers but was also attended by Cabinet Ministers William Ruto, Mutula Kilonzo, Sam Ongeri, Amos Kimunya, Esther Murugi, Yusuf Haji, Beth Mugo and Amason Kingi.
Most of the legislators were not in the House during the defeated adjournment Motion last Wednesday, as some had already travelled to Naivasha ahead of the retreat that was to take place between Thursday and Saturday.
Once debate on the draft begins, any amendment must garner the support of 145 MPs to pass.
“Every MP represents a segment of the Kenyan people and if he/she feels there is an item he would want addressed then he must be given the opportunity to seek the support of 145 MPs,” said Justice and Constitutional Affairs Minister Mutula Kilonzo.
The Proposed Constitution was tabled in the House two weeks ago for a 30-day debate period provided the law. The Committee of Experts on the Constitution will have seven days to incorporate any amendments made before the documents returns back to Parliament.
The draft will then be forwarded to the AG for publication ahead of the referendum.
Meeting under the Parliamentary Caucus for Reforms on Monday, the MPs proposed to re-table a Motion of adjournment on Tuesday afternoon after a previous attempt last week faced defeat. The lawmakers feel it is necessary for them to hold an informal session to thrash out the contentious issues before debate in the House.
“We have resolved it will be necessary to adjourn the normal sittings so that we can go and talk and reach an understanding on issues that are not clear,” said the convener of the group Garsen MP Danson Mungatana.
“We intend to execute our role as stipulated in the law in a cordial but very organised manner.”
The MPs sent a petition to the Speaker so that the adjournment Motion can be included in Tuesday’s order of Parliamentary business.
Twenty five MPs defeated last week’s Motion claiming that the retreat was meant to mutilate the Proposed Constitution. Those who supported the retreat numbered 23.
Mr Mungatana told a press conference that the MPs identified 25 issues they termed as contentious but was quick to add that they were determined to reach a compromise on the issues and approach debate from a common view.
Major controversial issues included the date of general elections, abortion, powers of the Senate, fresh vetting of judges, the number of MPs, the revenue allocation commisssion and the role of the Prime Minister in making new appointments.
Mr Mungatana said they would request experts to be included in the retreat to explain to MPs the diverse issues.
“We do not want what happened in 2005 to repeat itself. We want to debate in a manner that will inform. Not one that will create confusion and acrimony,” said the Garsen MP.
Monday’s meeting was dominated by backbenchers and Assistant Ministers but was also attended by Cabinet Ministers William Ruto, Mutula Kilonzo, Sam Ongeri, Amos Kimunya, Esther Murugi, Yusuf Haji, Beth Mugo and Amason Kingi.
Most of the legislators were not in the House during the defeated adjournment Motion last Wednesday, as some had already travelled to Naivasha ahead of the retreat that was to take place between Thursday and Saturday.
Once debate on the draft begins, any amendment must garner the support of 145 MPs to pass.
“Every MP represents a segment of the Kenyan people and if he/she feels there is an item he would want addressed then he must be given the opportunity to seek the support of 145 MPs,” said Justice and Constitutional Affairs Minister Mutula Kilonzo.
The Proposed Constitution was tabled in the House two weeks ago for a 30-day debate period provided the law. The Committee of Experts on the Constitution will have seven days to incorporate any amendments made before the documents returns back to Parliament.
The draft will then be forwarded to the AG for publication ahead of the referendum.
DRAFT
The Constitution review process enters a crucial stage this week as debate on the Proposed Constitution kicks off in Parliament on Tuesday.
It is not clear whether President Mwai Kibaki and Prime Minister Raila Odinga will be in the House for the debate but Justice and Constitution Affairs Minister Mutula Kilonzo has indicated that this would give the process a significant boost.
“The President should be the one to second the Motion while the Prime Minister follows to start the debate,” he said in a recent interview.
The Proposed Constitution was laid on the floor of the House on March 2 for the 30-day debate period.
A number of meetings are expected as the elusive consensus building efforts continue. The Parliamentary Caucus for Reforms was scheduled to hold a meeting on Monday to bolster their agenda of building consensus amongst their colleagues outside the House debate.
“We shall be discussing how we shall move forward when the Motion for debate is moved in the House,” said Convener of the group and Garsen MP Danson Mungatana after a meeting of the same group last Friday.
The group had announced that it would be pushing for the botched retreat that would have given the MPs an informal session to seek consensus on the various contentious issues and propose any necessary amendments.
“There is need for all of us to have an understating on the way forward,” Mr Mungatana added.
The Party of National Unity which has been keen on consolidating its party support in pushing for amendments to the proposed law was expected to hold its Parliamentary Group meeting ahead of the debate.
The Orange Democratic Movement on its part has maintained that it supports the current proposed law as it is and said it would be supporting its adoption.
MPs rejected a Motion to adjourn the House last Thursday and proceed to Naivasha for the retreat with a section arguing those fronting it were aiming to mutilate the draft. They challenged their colleagues to bring the debate to the House.
Any amendments to the proposed law must be supported by a two thirds majority which translates to 148 MPs.
If the MPs succeed to move the amendments the Attorney General will be required to redraft the Constitution incorporating the changes.
It is not clear whether President Mwai Kibaki and Prime Minister Raila Odinga will be in the House for the debate but Justice and Constitution Affairs Minister Mutula Kilonzo has indicated that this would give the process a significant boost.
“The President should be the one to second the Motion while the Prime Minister follows to start the debate,” he said in a recent interview.
The Proposed Constitution was laid on the floor of the House on March 2 for the 30-day debate period.
A number of meetings are expected as the elusive consensus building efforts continue. The Parliamentary Caucus for Reforms was scheduled to hold a meeting on Monday to bolster their agenda of building consensus amongst their colleagues outside the House debate.
“We shall be discussing how we shall move forward when the Motion for debate is moved in the House,” said Convener of the group and Garsen MP Danson Mungatana after a meeting of the same group last Friday.
The group had announced that it would be pushing for the botched retreat that would have given the MPs an informal session to seek consensus on the various contentious issues and propose any necessary amendments.
“There is need for all of us to have an understating on the way forward,” Mr Mungatana added.
The Party of National Unity which has been keen on consolidating its party support in pushing for amendments to the proposed law was expected to hold its Parliamentary Group meeting ahead of the debate.
The Orange Democratic Movement on its part has maintained that it supports the current proposed law as it is and said it would be supporting its adoption.
MPs rejected a Motion to adjourn the House last Thursday and proceed to Naivasha for the retreat with a section arguing those fronting it were aiming to mutilate the draft. They challenged their colleagues to bring the debate to the House.
Any amendments to the proposed law must be supported by a two thirds majority which translates to 148 MPs.
If the MPs succeed to move the amendments the Attorney General will be required to redraft the Constitution incorporating the changes.
Saturday, February 20, 2010
MONDAY OR TUESDAY TALKS
The Office of the Prime Minister Raila Odinga now says there is no scheduled meeting between the Premier and President Mwai Kibaki this Sunday as they had initially indicated.
The Premier’s advisor Salim Lone on Saturday said that the meeting would take place early next week. He said it could be Monday or Tuesday.
Mr Lone had earlier emphatically announced the Sunday meeting. He had claimed that the meeting was planned by the two Principals when they spoke on phone last Wednesday.
Earlier reports indicated that State House had not scheduled any meeting between the two principals as claimed by the PM’s office.
Reliable sources said that the Head of State had other prior engagements and that if any talks were to take place, it would be in their formal routine meeting usually held on Wednesdays.
The Prime Minister arrives in the country on Sunday from Japan, where he had a series of meetings with Japanese delegates. He left the country on last Sunday as the spat between himself and the President degenerated into a war of words between their lieutenants.
State House has severally taken issue with an apparent move by the PM’s Office to control the President’s diary with the last occurrence happening last month when the PM said the President would attend the hyped tree planting ceremony in Mau forest only for State House to issue a denial.
The mud slinging between the two leaders started last Sunday when the PM told reporters that he and the President had consulted and agreed to suspend Agriculture Minister William Ruto and Education Minister Sam Ongeri only for the Head of State to refute the said consultations.
In a statement sent to newsrooms by the Presidential Press Services (PPS) barely hours after Mr Odinga made the announcement, the President stated that no consultations took place between him and the Premiere on the matter.
It has since been a war of words between Mr Odinga’s Orange Democratic Movement and Mr Kibaki’s Party of National Unity with some Members of Parliament even going to the extent of calling for elections despite the fact that the country does not having a voters’ register.
Members of ODM insist that the Prime Minister has the power to ask Mr Ruto and Mr Ongeri to step down and create room for investigations while those allied to the President dismiss Mr Odinga’s move. The ODM then invited mediator Koffi Annan’s intervention in the matter while President Kibaki on Thursday declared there was no crisis in Kenya.
Mr Annan together with various sections of the Kenyan public among them lobby groups and churches asking the leaders to resolve whatever differences exist.
The Premier’s advisor Salim Lone on Saturday said that the meeting would take place early next week. He said it could be Monday or Tuesday.
Mr Lone had earlier emphatically announced the Sunday meeting. He had claimed that the meeting was planned by the two Principals when they spoke on phone last Wednesday.
Earlier reports indicated that State House had not scheduled any meeting between the two principals as claimed by the PM’s office.
Reliable sources said that the Head of State had other prior engagements and that if any talks were to take place, it would be in their formal routine meeting usually held on Wednesdays.
The Prime Minister arrives in the country on Sunday from Japan, where he had a series of meetings with Japanese delegates. He left the country on last Sunday as the spat between himself and the President degenerated into a war of words between their lieutenants.
State House has severally taken issue with an apparent move by the PM’s Office to control the President’s diary with the last occurrence happening last month when the PM said the President would attend the hyped tree planting ceremony in Mau forest only for State House to issue a denial.
The mud slinging between the two leaders started last Sunday when the PM told reporters that he and the President had consulted and agreed to suspend Agriculture Minister William Ruto and Education Minister Sam Ongeri only for the Head of State to refute the said consultations.
In a statement sent to newsrooms by the Presidential Press Services (PPS) barely hours after Mr Odinga made the announcement, the President stated that no consultations took place between him and the Premiere on the matter.
It has since been a war of words between Mr Odinga’s Orange Democratic Movement and Mr Kibaki’s Party of National Unity with some Members of Parliament even going to the extent of calling for elections despite the fact that the country does not having a voters’ register.
Members of ODM insist that the Prime Minister has the power to ask Mr Ruto and Mr Ongeri to step down and create room for investigations while those allied to the President dismiss Mr Odinga’s move. The ODM then invited mediator Koffi Annan’s intervention in the matter while President Kibaki on Thursday declared there was no crisis in Kenya.
Mr Annan together with various sections of the Kenyan public among them lobby groups and churches asking the leaders to resolve whatever differences exist.
IT IS PRESIDENTIAL
A majority of Kenyans would vote ‘Yes’ at the Referendum for the Naivasha version of the draft Constitution proposed by the Parliamentrary Select Committee on Constitution Review (PSC), according to a new survey.
The Synovate opinion poll released on Friday revealed that about 51percent of those interviewed support the document. Another 27 percent stated they would vote ‘No’, while another 21 percent were undecided.
Synovate’s lead researcher Tom Wolf said majority of the supporters of the draft are from the Orange Democratic Movement despite reports that a majority of the proposals of the party were not included in the draft.
“Only 44 percent of those identifying with PNU would endorse the new Constitution,” said the poll analyst.
A national referendum is expected in the middle of the year to endorse the new law. The government and the PSC have expressed the desire to mobilise support for the draft from the public to ensure the country goes into a non-contested referendum.
The opinion poll states that Kenyans rank the Presidential system of government as their favourite proposal of the draft with 62 percent support.
Most Kenyans have indicated that they are fed up with the current arrangement of power sharing between the President and the Prime Minister therefore dismissing the hybrid system.
“Here, a clear majority mentioned the adoption of a presidential system without power-sharing,” said Dr Wolf.
Dr Wolf says the retention of Kadhi courts and the increase of the number of constituencies are the most unpopular outcomes with a mere three percent support each.
“When asked if the total number of constituencies should be increased, only 25 percent said yes, with about the same proportion (27 percent) wanting it to remain unchanged (210). Perhaps surprisingly, however, almost twice as many (47 percent) preferring it should be decreased,” reads the analysis report.
The PSC proposed a 349-member Parliament increasing with the creation of 80 new constituencies and 47 special seats. Prime Minister Raila Odinga has led the rejection of the increase of number of MPs saying the country cannot handle the increased financial burden. He has been backed by civil society organisations and a number of parliamentarians.
The prohibition of abortion and calendar-separation of presidential and parliamentary elections are in a tie at seven percent approval, followed by the absence of a Bill of Rights five percent and insufficiently robust local government and weak parliamentary oversight of the executive (both at four percent), followed by the eligibility of MPs for cabinet appointment (three percent), even if they have to subsequently resign their seats.
The Synovate opinion poll released on Friday revealed that about 51percent of those interviewed support the document. Another 27 percent stated they would vote ‘No’, while another 21 percent were undecided.
Synovate’s lead researcher Tom Wolf said majority of the supporters of the draft are from the Orange Democratic Movement despite reports that a majority of the proposals of the party were not included in the draft.
“Only 44 percent of those identifying with PNU would endorse the new Constitution,” said the poll analyst.
A national referendum is expected in the middle of the year to endorse the new law. The government and the PSC have expressed the desire to mobilise support for the draft from the public to ensure the country goes into a non-contested referendum.
The opinion poll states that Kenyans rank the Presidential system of government as their favourite proposal of the draft with 62 percent support.
Most Kenyans have indicated that they are fed up with the current arrangement of power sharing between the President and the Prime Minister therefore dismissing the hybrid system.
“Here, a clear majority mentioned the adoption of a presidential system without power-sharing,” said Dr Wolf.
Dr Wolf says the retention of Kadhi courts and the increase of the number of constituencies are the most unpopular outcomes with a mere three percent support each.
“When asked if the total number of constituencies should be increased, only 25 percent said yes, with about the same proportion (27 percent) wanting it to remain unchanged (210). Perhaps surprisingly, however, almost twice as many (47 percent) preferring it should be decreased,” reads the analysis report.
The PSC proposed a 349-member Parliament increasing with the creation of 80 new constituencies and 47 special seats. Prime Minister Raila Odinga has led the rejection of the increase of number of MPs saying the country cannot handle the increased financial burden. He has been backed by civil society organisations and a number of parliamentarians.
The prohibition of abortion and calendar-separation of presidential and parliamentary elections are in a tie at seven percent approval, followed by the absence of a Bill of Rights five percent and insufficiently robust local government and weak parliamentary oversight of the executive (both at four percent), followed by the eligibility of MPs for cabinet appointment (three percent), even if they have to subsequently resign their seats.
Wednesday, February 17, 2010
GO AHEAD QUIT
The Party of National Unity (PNU) on Wednesday dared Prime Minister Raila Odinga and his Orange Democratic Movement (ODM) Ministers to quit the government if they wished.
Speaking after holding a closed door meeting, the PNU coalition through East Africa Community Assistant Minister Peter Munya told the media that the coalition government would continue functioning even if either of the parties withdraws as stipulated in the National Accord.
“The withdrawal of one party from the coalition does not amount to the collapse of the government. It also does not mean the country has to go into elections. In that event the President is constitutionally mandated to reconstitute the government,” he said.
Even though the PNU and affiliate members attending the meeting refused to answer questions from journalists, reliable sources told Capital News that they also discussed what steps to take following ODM’s threat to boycott Cabinet meetings.
The source said: “The President has his mechanisms to deal with those members who refuse to attend Cabinet meetings. One could be by dismissing them.”
But this of course would be a challenge since he cannot dismiss a Minister without consulting the other coalition partner as guided by the National Accord.
On Tuesday the Head of Public Service and Secretary to the Cabinet Francis Muthaura announced the cancelation of a meeting scheduled for Thursday.
His statement came after ODM threatened to boycott Cabinet meetings following the rift between the President, the Prime Minister and their supporters.
Despite the apparent political stalemate in the country, PNU maintained that there was no crisis in Kenya.
The members accused Mr Odinga of using sideshows to sidetrack the country from important national issues.
“The PM is the one who is unsuccessfully attempting to precipitate a crisis in order to divert the attention of the country from urgent issues of the day like constitution review process, suffering of milk farmers due to mismanagement etc,” he said.
The party also alleged that ODM was dragging internal wrangles within the party to the coalition government: “Factional fights within ODM should not be construed as problems of the coalition government; PNU would like to implore ODM to sort out their internal issues without bringing them to the government.”
The party also said it would support a Motion in Parliament to push for Vice President Kalonzo Musyoka to head the House Business Committee.
Mr Musyoka is the ODM Kenya Chairman and his party is one of the PNU’s affiliate parties.
The meeting at the Kenyatta International Conference Centre was held following the rivalry that emerged after President Kibaki overruled Mr Odinga over the suspension of Education Minister Sam Ongeri and Agriculture Minister William Ruto over corruption allegations.
Speaking after holding a closed door meeting, the PNU coalition through East Africa Community Assistant Minister Peter Munya told the media that the coalition government would continue functioning even if either of the parties withdraws as stipulated in the National Accord.
“The withdrawal of one party from the coalition does not amount to the collapse of the government. It also does not mean the country has to go into elections. In that event the President is constitutionally mandated to reconstitute the government,” he said.
Even though the PNU and affiliate members attending the meeting refused to answer questions from journalists, reliable sources told Capital News that they also discussed what steps to take following ODM’s threat to boycott Cabinet meetings.
The source said: “The President has his mechanisms to deal with those members who refuse to attend Cabinet meetings. One could be by dismissing them.”
But this of course would be a challenge since he cannot dismiss a Minister without consulting the other coalition partner as guided by the National Accord.
On Tuesday the Head of Public Service and Secretary to the Cabinet Francis Muthaura announced the cancelation of a meeting scheduled for Thursday.
His statement came after ODM threatened to boycott Cabinet meetings following the rift between the President, the Prime Minister and their supporters.
Despite the apparent political stalemate in the country, PNU maintained that there was no crisis in Kenya.
The members accused Mr Odinga of using sideshows to sidetrack the country from important national issues.
“The PM is the one who is unsuccessfully attempting to precipitate a crisis in order to divert the attention of the country from urgent issues of the day like constitution review process, suffering of milk farmers due to mismanagement etc,” he said.
The party also alleged that ODM was dragging internal wrangles within the party to the coalition government: “Factional fights within ODM should not be construed as problems of the coalition government; PNU would like to implore ODM to sort out their internal issues without bringing them to the government.”
The party also said it would support a Motion in Parliament to push for Vice President Kalonzo Musyoka to head the House Business Committee.
Mr Musyoka is the ODM Kenya Chairman and his party is one of the PNU’s affiliate parties.
The meeting at the Kenyatta International Conference Centre was held following the rivalry that emerged after President Kibaki overruled Mr Odinga over the suspension of Education Minister Sam Ongeri and Agriculture Minister William Ruto over corruption allegations.
CONSTITUTION
The Center for Multiparty Democracy Kenya (CDM-K) now says the Parliamentary Select Committee on Constitution Review overstepped its mandate and mutilated the Harmonised Draft Constitution.
CMD-K Chair Larry Gumbe which says the PSC watered down the Bill of Rights from the draft is now demanding that it be restored before Parliament makes its final decision on the draft.
“The PSC veered off and discussed things they were not supposed to discuss coming up with a draft which is a complete and total disaster which if implemented would mess us up,” he said.
Prof Gumbe added that the PSC’s decision to have the Bill of Rights withdrawn from the draft was out of tandem and that it would take action if the Bill was not re-included in the draft.
“We shall for sure mobilise Kenyans to carry out a programme of mass action on the Bill of Rights until this chapter is restored without amendments; not even a comma. The Bill of Rights is a non negotiable chapter and the PSC was out of order to touch that chapter,” he said.
He also added that Kenya should get a leaner National Assembly on the basis of Mixed Member Proportionate Representation (MMPR) system and that the Senate be reinstated as the Upper House.
“The current 210 parliamentary constituencies should be maintained. Women elected from 47 counties should add to this to make the seats total to 257. An extra 43 seats should be filled through the party lists to cover the youth, workers, persons with disabilities, minority communities, women and Kenyans in the Diaspora,” he said adding that the 47 women seats from the counties be retained for three consecutive elections commencing 2012.
“Parliament shall consider what other measures may be taken to ensure that Parliament has no more than two thirds of one gender in Parliament after the expiry of the 20 year period.”
Prof Gumbe also asked the government to educate the masses on the draft constitution before the referendum and also force Kenyans to vote on it saying it would reduce cases of corruption.
“Civic education should be done for at least three months before the referendum so that people are briefed on what is going on in the referendum. And we are recommending that in line with what happens in Australia and other places, voting should be made compulsory because we feel that if voting is not compulsory people will be induced by bribes and so on. If they must go there by law anyway then bribery will be reduced,” he said.
“A President who nominates his own ministers and sits with them in Parliament needs to have enough checks and balances. The Senate should be properly elaborated in the Constitution. It should be chaired by the Vice President and shall have the mandate of undertaking impeachment procedures whenever they occur,” he said.
Prof Gumbe also proposed that the Committee of Experts restores the MMPR system so that a more proportionate electoral system was put in place. He explained that through a compensatory system each political party would get seats equal to the votes cast for that party in the elections. Under MMPR, he explained, it would be irrelevant to increase the current geographical constituencies.
On devolution CMD-K called for at least 30 percent of the national resources be devolved to the counties and that the Provincial Administration be merged under the County governments with immediate effect.
“We should not as a country develop cold feet. The CDF funds as part of the 30 percent should be administered by the County governments and not the MPs-controlled committees,” he said.
The organisation also asked the CoE to restore the land chapter as was to ensure that the National Land commission was entrenched in the constitution saying the issue of land was emotive.
CMD-K Chair Larry Gumbe which says the PSC watered down the Bill of Rights from the draft is now demanding that it be restored before Parliament makes its final decision on the draft.
“The PSC veered off and discussed things they were not supposed to discuss coming up with a draft which is a complete and total disaster which if implemented would mess us up,” he said.
Prof Gumbe added that the PSC’s decision to have the Bill of Rights withdrawn from the draft was out of tandem and that it would take action if the Bill was not re-included in the draft.
“We shall for sure mobilise Kenyans to carry out a programme of mass action on the Bill of Rights until this chapter is restored without amendments; not even a comma. The Bill of Rights is a non negotiable chapter and the PSC was out of order to touch that chapter,” he said.
He also added that Kenya should get a leaner National Assembly on the basis of Mixed Member Proportionate Representation (MMPR) system and that the Senate be reinstated as the Upper House.
“The current 210 parliamentary constituencies should be maintained. Women elected from 47 counties should add to this to make the seats total to 257. An extra 43 seats should be filled through the party lists to cover the youth, workers, persons with disabilities, minority communities, women and Kenyans in the Diaspora,” he said adding that the 47 women seats from the counties be retained for three consecutive elections commencing 2012.
“Parliament shall consider what other measures may be taken to ensure that Parliament has no more than two thirds of one gender in Parliament after the expiry of the 20 year period.”
Prof Gumbe also asked the government to educate the masses on the draft constitution before the referendum and also force Kenyans to vote on it saying it would reduce cases of corruption.
“Civic education should be done for at least three months before the referendum so that people are briefed on what is going on in the referendum. And we are recommending that in line with what happens in Australia and other places, voting should be made compulsory because we feel that if voting is not compulsory people will be induced by bribes and so on. If they must go there by law anyway then bribery will be reduced,” he said.
“A President who nominates his own ministers and sits with them in Parliament needs to have enough checks and balances. The Senate should be properly elaborated in the Constitution. It should be chaired by the Vice President and shall have the mandate of undertaking impeachment procedures whenever they occur,” he said.
Prof Gumbe also proposed that the Committee of Experts restores the MMPR system so that a more proportionate electoral system was put in place. He explained that through a compensatory system each political party would get seats equal to the votes cast for that party in the elections. Under MMPR, he explained, it would be irrelevant to increase the current geographical constituencies.
On devolution CMD-K called for at least 30 percent of the national resources be devolved to the counties and that the Provincial Administration be merged under the County governments with immediate effect.
“We should not as a country develop cold feet. The CDF funds as part of the 30 percent should be administered by the County governments and not the MPs-controlled committees,” he said.
The organisation also asked the CoE to restore the land chapter as was to ensure that the National Land commission was entrenched in the constitution saying the issue of land was emotive.
Monday, February 15, 2010
CONSTITUTIONAL CRISIS
Attorney General has said the country is on the verge of a Constitutional crisis following disagreements between President Mwai Kibaki and Prime Minister Raila Odinga over the ‘suspension’ of two Cabinet ministers.
Mr Amos Wako said the law and the National Accord were very clear on what should be done in the event that a Cabinet Minister should be removed from office.
He however observed that while the Prime Minister announced that he had consulted his Coalition partner before making the controversial suspensions, the President had denied knowledge of the whole issue, making it difficult to know who was telling the truth.
“The Prime Minister has spoken, the President has also spoken. It is a weighty issue,” he said. It is an issue on which we can very easily move into a Constitutional crisis, it is just an issue of the facts.”
He said while the law clearly stated that suspensions and sackings can only be done after “total consultations,” it was difficult to tell who was stating the truth.
“What are the facts here in the sense that one says he consulted and another says he did not consult,” he said when questioned by reporters on the sidelines of the launch of a business process management system at the Office of the Public Trustee.
He added: “One (Prime Minister) has said he consulted which means he knows that that is the basis of the National Accord, the other one (President) says he was not consulted, really the issue here is all about facts,” he said and added he would issue a comprehensive statement on Monday afternoon or early Tuesday.
National Accord
“The basis of the national accord is total consultation and concurrence particularly between the two principals. Of course again in the Accord there is the issue where the President can also confer such other powers or functions as he may want to the Prime Minister, so to me really it is an issue of facts rather than what the law is.”
There have been mixed reactions since Sunday when the Prime Minister announced the ‘suspension’ of Agriculture Minister William Ruto and his Education counterpart Prof Sam Ongeri to facilitate investigations on the maize and Free Primary Education (FPE) scandals in which billion of shillings have been embezzled.
Mr Ruto and Prof Ongeri had insisted they would not vacate office and vowed to continue with their official ministerial duties before President Kibaki asked them to stay put.
On Monday, the two defiant Ministers reported to their offices as usual and vowed to continue discharging their duties.
The issue has once again stirred the country’s political climate, with some legislators allied to President Kibaki’s Party of National Unity (PNU) calling on the Prime Minister to resign.
The controversy began on Sunday after Mr Odinga announced that he was suspending Mr Ruto and Prof Ongeri after consultations with the President.
Hours later, the Presidential Press Service (PPS) dispatched a statement which said President Kibaki had quashed the Prime Minister’s decision “because there were no prior consultations.”
It read in part: “There has been no consultation between H.E. the President and the Rt. Hon. Prime Minister on the suspension of Hon. William Ruto, Minister for Agriculture and Hon. Prof. Sam Ongeri, Minister for Education, as announced by the Rt. Hon. Prime Minister today (Sunday) at a Press Conference.”
The President added: “The legal provisions, on which the Prime Minister acted, do not confer him the authority to cause a minister to vacate his or her office.”
In a quick rejoinder to the President’s stand, the Prime Minister told the British Broadcasting Corporation that the President “had overstepped his mandate.”
"I think that what I've done actually has been within my constitutional powers, and that the president does not have the powers to countermand what I have done," he told the BBC’s Network Africa programme.
Mr Amos Wako said the law and the National Accord were very clear on what should be done in the event that a Cabinet Minister should be removed from office.
He however observed that while the Prime Minister announced that he had consulted his Coalition partner before making the controversial suspensions, the President had denied knowledge of the whole issue, making it difficult to know who was telling the truth.
“The Prime Minister has spoken, the President has also spoken. It is a weighty issue,” he said. It is an issue on which we can very easily move into a Constitutional crisis, it is just an issue of the facts.”
He said while the law clearly stated that suspensions and sackings can only be done after “total consultations,” it was difficult to tell who was stating the truth.
“What are the facts here in the sense that one says he consulted and another says he did not consult,” he said when questioned by reporters on the sidelines of the launch of a business process management system at the Office of the Public Trustee.
He added: “One (Prime Minister) has said he consulted which means he knows that that is the basis of the National Accord, the other one (President) says he was not consulted, really the issue here is all about facts,” he said and added he would issue a comprehensive statement on Monday afternoon or early Tuesday.
National Accord
“The basis of the national accord is total consultation and concurrence particularly between the two principals. Of course again in the Accord there is the issue where the President can also confer such other powers or functions as he may want to the Prime Minister, so to me really it is an issue of facts rather than what the law is.”
There have been mixed reactions since Sunday when the Prime Minister announced the ‘suspension’ of Agriculture Minister William Ruto and his Education counterpart Prof Sam Ongeri to facilitate investigations on the maize and Free Primary Education (FPE) scandals in which billion of shillings have been embezzled.
Mr Ruto and Prof Ongeri had insisted they would not vacate office and vowed to continue with their official ministerial duties before President Kibaki asked them to stay put.
On Monday, the two defiant Ministers reported to their offices as usual and vowed to continue discharging their duties.
The issue has once again stirred the country’s political climate, with some legislators allied to President Kibaki’s Party of National Unity (PNU) calling on the Prime Minister to resign.
The controversy began on Sunday after Mr Odinga announced that he was suspending Mr Ruto and Prof Ongeri after consultations with the President.
Hours later, the Presidential Press Service (PPS) dispatched a statement which said President Kibaki had quashed the Prime Minister’s decision “because there were no prior consultations.”
It read in part: “There has been no consultation between H.E. the President and the Rt. Hon. Prime Minister on the suspension of Hon. William Ruto, Minister for Agriculture and Hon. Prof. Sam Ongeri, Minister for Education, as announced by the Rt. Hon. Prime Minister today (Sunday) at a Press Conference.”
The President added: “The legal provisions, on which the Prime Minister acted, do not confer him the authority to cause a minister to vacate his or her office.”
In a quick rejoinder to the President’s stand, the Prime Minister told the British Broadcasting Corporation that the President “had overstepped his mandate.”
"I think that what I've done actually has been within my constitutional powers, and that the president does not have the powers to countermand what I have done," he told the BBC’s Network Africa programme.
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