Kenya: Public Action against Mindless Theft and Waste of State Resources (01.11.2016)

Kenya Parliament

A Statement Issued by the Kenyan CSOs on November 1, 2016

Since independence, Kenyan public has been treated to a cocktail of abominable theft, plunder, squander and waste of public resources, while the institutions tasked with the mandate to probe and deal with the said scandals have repeatedly sanctified the same. Bailed  as the most corrupt and unaccountable administration in Kenya’s political history so far, the Jubilee regime’s 4 years in power has been characterized by rampant, reckless  and mindless  looting  and misappropriation of state coffers.

The situation in the country remains so grave and dire that the official Auditor General’s report  for 2015 found that just 1% of Kenya government spending and  a quarter of the entire 1.6  trillion shillings budget was properly accounted for. Current reports indicate that Kenya loses approximately 600Billion shillings out of its annual budget of 2 trillion (close to 30%) through wanton theft and waste.  Imagine what this amount could do in supporting health care for the poor, provision of quality basic education, clean water or employment for our youth?  

Specifically, the Kenyan CSOs note with concern the following systemic  and vicious failures of the political establishments, both at the national and county levels: That as noted by John Githongo, a prominent anti-corruption crusader, “corruption in Kenya has deepened and widened since President Uhuru Kenyatta came to power in 2013”.

  1. Mega scams such as the  National Youth Service Saga, “Chicken Gate” Scandal; land grabbing; flawed tendering in the  Multi-Billion Standard  Gauge Railway; Misappropriation of devolved funds and current  Afya House Scandal in the Ministry of Health  among others remain unsolved. That majority of those adversely mentioned in the above scams are either close associates or relatives of senior state/public officers thus deepening vested interests and political complicity.
  2. That the institutions mandated to provide leadership in the fight  against corruption have terribly failed to live  up to the Kenyan public expectation; from the presidency, Judiciary, Ethics and Anti-Corruption Commission, office of the Director of Public Prosecution, Office of the Attorney General.
  3. That the president has failed to demonstrate genuine, bold and effective political will and leadership to combat corruption over the years. His admission of inability to battle graft in a recent state house anti-corruption summit sums it all.
  4. That the judiciary has failed to put in places mechanisms to expedite corruption related cases. As a result such cases take too long in courts. This has delayed justice and only encouraged corruption to thrive.
  5. That the Ethics and Anti-corruption Commission has failed to effectively and independently deliver on its key mandate; law enforcement, investigation and corruption prevention in the discharge of its functions. This has rendered the institution a friendly environment for the corrupt. In fact on many occasions the EACC has sanitized the corrupt.
  6. That most of the alleged grand corruption prime suspects have been exonerated through a sham process while those who have not been exonerated have not been prosecuted either but remain free to enjoy their loot.
  7. That most of the state/public officers who have declared their wealth have done so in private, thus without adequate public disclosure.  This is a precedence set by the presidency hence incapacitating the public to hold both state and public officers accountable for their wealth.
  8. That the government has failed to demonstrate greater transparency in procurement processes by not publicizing information on tender analysis, detailed contractor profiles including list of directors, engagement contracts, project implementation plans, bills of quantities and other related information.

It’s in response to the president’s admission of helplessness, his inability to act, and the failure by the different state agencies to admit responsibility in the midst of wanton theft of state resources, that the Kenyan Civil Society is calling a national mass demonstration to demand for urgent and systematic actions against mega corruption in Kenya.

  1. The demonstration will take place on Thursday (03/11/2016) from freedom corner and will end with a submission of a petition with a Demand List to the president.
  2. The Demand List will capture the practical actions that the President should implement in line with his legal and political mandate and obligations.
  3. We therefore call upon the public and the media to turn up for the demonstration. We also request members of the public to come dressed in red and carry a whistle and the Kenyan flag.

We have planned sustained political actions to ensure zero tolerance to and increased accountability for public theft in Kenya.

Kenya: List of Josephine Kabura’s firms that won NYS tenders

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Opinion: Kenya MOH your late to the Party; you cannot at run away from your stolen funds!

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It’s just one of those days where the Ministry of Health all of sudden tries transparency, well, ladies and gentlemen of the important Ministry you’re a bit late to the party. The ship has left the docks hours ago and you cannot go to the island. The boat is not waiting for your embarking mission. MOH of Kenya, your perception is already there. If you had nothing loses and tried to sub-come from the facts that are in the wind.

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Today you tried to prove bills and payments for 5 billion shilling, a small fortune squandered most likely by one of the loyal elitist politicians or political connected Jubilee men. That even the deceased Human Rights Lawyer Jacob Juma wrote about before his assassination. When a person who exposed to extra-judicial killings and writing about a coming scandal in mid-year last year, and in last quarter of it the documents proved his words true; then you know that the conspiracy we’re real.

CS Dr. Cleopa Maliu cannot be proud of their of their cover-up. Therefore yesterday even Ruto had something to say: “Deputy President William Samoei Ruto says firm action will be taken against public servants and private individuals alleged to be involved in the loss of more than Sh 5 Billion at the ministry of health” (The Star Kenya, 30.10.2016). If he claims that the money is missing, why does the MOH today claim otherwise? Who is lying?

We can all say that the MOH is late to the party; the internal Audit of May 2016 is out and showing payments done and delivered. Service rendered if you may. They tried by a small press release on the 29th October to deflect it, but the released information hasn’t made them look good, not has had it helped that LifeCare Medics Limited also on 29th October explained their sold equipment to the MOH. They we’re not even mentioned on the questionable Internal Audit, so there are companies that does not come forward with their accounts and prove of sale to the Ministry; something that most hurt CS Maliu.

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We can all the reality and know that the government are not proud of their acts, as they even tries to find ways, even show over the effects of their thievery in public, that they been stealing from the sick and needed people.

Like you can write mobile health clinic, but that does not mean containers that need big-wig trailers to be moved from a place to another, that means a bigger Caravan built into a modern hospital or clinic; something that the 40 Containers in a trailer-park is not. No matter what kind of ideas the MOH has, that looks foolish and not bright.

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Even future Medical Staff are issuing this Statement today:

“The Medical Students’ Association of Kenya (MSAKE) is an independent and non-political organization that serves as the umbrella body for all Medical students in Kenya. One of our core mandates is health advocacy. In that light, we would like to bring to your attention an article that was released a few days ago sighting the possible misappropriation of funds at the Ministry of Health (MOH).

We acknowledge that these are preliminary findings whose outcomes will be released upon completion of the legal investigations. However, we would like to state the following:

  1. We are aware that ideally, following The Abuja Declaration of 2001, the health sector should be allotted 15% of the National Annual budget allocation but currently only approximately 5% goes to the MOH.
  2. We acknowledge that this 5% of the National Annual budget is an improvement from the previous financial year, however, we are disappointed that despite the minimal funds allocated to the ministry, the funds are alleged still being misappropriated and hence affecting the quality of healthcare offered to our countrymen.
  3. As future Medical Practitioners, we hope that investigations on the matter will be carried out and the necessary action taken upon those found guilty of the misappropriation.
  4. In conclusion, it our hope that there will be improved transparency at all levels of our healthcare system” (MSAKE, 31.10.2016).

PS: If you wonder why I don’t drop anything of the MOH Report of 31.10.2016, I believe it is muffled with and will fit reality. The MOH has had to doctored the numbers to make them fit the budgets and audits. Even the report is not true. I have little faith right now.

That’s enough from me. Peace.

RSA: Oakbay Responds to Application by Minister of Finance (19.10.2016)

Pravin Gordhan Rescue

JOHANNESBURG, South Africa, October 19, 2016 Yesterday afternoon, van Der Merwe Associates (“VDMA”) notified the Minister of Finance’s attorneys of their client’s (the Oakbay Group of companies) (www.OakbayInvestments.co.za) intention to oppose the application issued under case number 80978/16 on 14 October 2016 – unless the Minister of Finance withdraws the application and tenders costs by this afternoon – Wednesday 19 October.

VDMA’s letter noted that the Minister of Finance’s affidavit implicated its clients in inappropriate and unlawful conduct. The affidavit also insinuated that VDMA’s clients would “expose the fiscus not only to loss of tax revenue but also put the burden of mining rehabilitation on the fiscus.” which VDMA noted was “uncalled for, malicious and nothing but vexatious.”

VDMA’s client disproved this earlier this week with evidence of the transfer of the Optimum Rehabilitation Trust Fund from Standard Bank to Bank of Baroda, which followed a request by Advocate Thuli Madonsela on 4 October 2016.

VDMA advised its client to oppose the Minister of Finance’s application, obtain all the necessary information from the relevant role players and ask for punitive costs order against dismissal of the application.

VDMA’s letter also stated that the Minister of Finance’s letter has been launched with the financial resources of the tax payer. VDMA’s client does not dispute that Minister of Finance’s is not by law compelled or obliged to intervene in the relationship between VDMA’s clients and the commercial banks. However, VDMA noted that to spend tax payers’ money in “a reckless and inappropriate manner” would constitute a contravention of the provisions of the Public Management Act, No.1 of 1999 – which would warrant “further action against those officials responsible for same.”

Furthermore, VDMA noted that:

“In order that we do not expose the fiscus unnecessarily to costs we propose that the application be withdrawn” – that the Minister of Finance’s application is withdrawn and that the Minister of Finance’s tenders VDMA’s client’s costs, before close of business on 19 October 2016.

VDMA reiterated that the purpose of its letter was to offer the Minister of Finance the opportunity to save taxpayers money.

VDMA also noted that its clients “would like” to put their formal version before court since the Minister of Finance has chosen that forum, so if the application is not withdrawn then “the matter must proceed and we will gladly do the necessary in order to restore the misrepresentation created by the papers.”

VDMA concluded its letter by noting that the Minister of Finance had made “defamatory and untrue remarks towards members of the Gupta Family by insinuating that they have been involved in inappropriate conduct” and that “their rights remain strictly reserved.”

This morning, attorneys for the Minister of Finance declined the offer to withdraw the application and tender COSTs.

#PodestaLeaks: The whispers of mismanagement and lies from the Clinton Foundation!

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I have earlier looked into the mails considering the Campaign advice and also the Media’s connection with Hillary Clinton’s campaign. Let it be clear, I do not because like Trump! I don’t like his campaign one single bit, but these leaks of insider information and the scale of it at such extent at this present time. Makes it very hard not to dig deep and look into it. Because the needed looks and quest through the paper-trail left behind her campaign and such. This paper will be about the charitable campaign and the E-Mails I found that we’re interesting because of the actual behaviour there are accepting and subscribing to with their name up high on the mantle.

The Clinton Foundation, the subsidiaries and their programs are already a bit scrutinised and the legendary “Pay-to-Play” where a politician get monies for Super-PACs or Foundation, when service rendered the obligated politician will help the donor and their companies with legislation, regulation and even licenses they usually wouldn’t get if it wasn’t for their charitable and giving ways.

Today, the piece about something simple as the way they are signing promises as the Clinton becomes Secretary of State after Barrack Obama becomes President. Therefore with Hillary Clinton’s position the Foundation could not get donor-funding from foreign sources. The Foundation went out with information claiming they didn’t receive or suspending it, but inside and behind closed doors that apparently still happen. Take a look!

Broken Promise by the Clinton Foundation:

“Operation of CGI.  Should Senator Clinton be nominated and confirmed for Secretary of State, the Foundation will incorporate CGI as a separate entity from the Foundation.  President Clinton will continue in his role as principal host and be identified as CGI’s Founding Chairman, but he will not serve as an officer or director of the newly established entity.  Consistent with current practices, President Clinton personally will not solicit funds for CGI and only will attend fundraising events as a honored guest or speaker.  President Clinton also will continue to send invitation letters to potential attendees and guests of CGI; however, he will no longer send sponsorship letters (which seek contributions to CGI).  Apart for attendance fees for CGI, CGI will not accept contributions from foreign governments.  CGI also will suspend plans for CGI events outside the United States during any service by Senator Clinton at the State Department” (MoU between the WJC Foundation and HRC Foundation with Obama Administration (Draft Document) – 28.11.2008).

CHAI Program under former President Clinton:

“You probably already are aware but just to be sure: yesterday in the CHAI board meeting, Ira discussed the formation of an advisory board for CHAI – he said he is targeting 10 people to each give $500k per year for 3 years. He mentioned the names below. He also said he is looking to do a series of dinners on the west coast, east coast, and overseas to raise money for a CHAI Innovation Fund that would “invest” in projects / businesses that CHAI deems worthy. He said the first dinner is on west coast with 30 people and hosted by Christian Anthony who he said he found via the Brown University alumni network. Given the enormous range of things that Ira is proposing the Fund be empowered to invest in, it occurred to me that IF the organization is comfortable with the creation of such a Fund bearing WJC’s name (via CHAI), then why not have CF do it, so that CF can decide whether to invest in CHAI projects or also in other things like a farm in Africa, etc – and also to give WJC better control of it? The proposed CHAI Innovation Fund seems poised to go well beyond what we would consider to be the core traditional work of CHAI on HIV/AIDS, malaria, etc (at least based on the investment examples in the documents Ira provided) and I therefore just wondered why we’d cede this to CHAI to do/control. It’s probably safe to assume that any Fund that bears WJC’s name will attract “investors” or donors or whatever we call them. Maybe I am over-thinking this, but just wanted to brainstorm aloud and I’m happy to drop this if it’s not worth discussing further. Thanks, Ami NAMES IRA MENTIONED FOR CHAI ADVISORY BOARD (I probably am misspellin these): – Craig Colgate at Pegasus Capital (Ira found via Brown U) – Bob Selander (former CEO of Mastercard) – Tood Fisher, Chief Admin Officer at KKR (also via Brown U) – Bill Shuster at Evercore – Bob Mancini, CEO of Cogentics (formerly at Goldman) – Jeff Kushner from Blue Mountain Capital in the UK (Amitabh Desai sending mail to fellow Clinton Foundation Staffers – ‘Subject: CHAI fund and advisory board’ 27.03.2012).

Foundation Policy Adjustment Draft:

  • Suspend Planning for New CGI International Events:  The Clinton Global Initiative will no longer undertake CGI-International events nor accept any funding from foreign government hosts beyond the already-scheduled events in May (CGI-Morocco) and June (CGI-Greece) of 2015.  And, apart from membership fees, CGI also will not accept sponsorship fees from foreign governments for its domestic CGI conferences/meetings”. (Foundation Police Adjustment Draft answers for TinaMP, 08.04.2015) Rather than say “suspend planning” why not say that the Foundation will not host international events beyond the one (or two if we do Greece) already committed to for this year. THIS WAS LANGUAGE FROM MOU – FINE TO CHANGE – SEE TRACK CHANGE OPTION (Foundation Police Adjustment Draft answers for TinaMP, 08.04.2015).
  • No Contributions from New Foreign Governments:  The Clinton Foundation will not accept any funding from new foreign governments for its programming ; the Foundation will only accept contributions from:” (Foundation Police Adjustment Draft answers for TinaMP, 08.04.2015). This leaves out endowment and things like – if there were another disaster like Haiti – is that the intention? IT IS SAYING WE WON’T TAKE SUCH MONEY IF THERE IS A DISASTER; BY SAYING WE WON’T TAKE NEW FOREIGN GOV’T CONTRIBUTIONS, WE ARE SAYING NO NEW COUNTRIES TO THE ENDOWMENT EITHER (Foundation Police Adjustment Draft answers for TinaMP, 08.04.2015).

What it is supposed to say on Foundation letter:

“The Foundation should not announce what CHAI will do. We could change the beginning to say the “the Foundation and the Clinton Health Access Initiative will adjust their policies during the period of Secretary Clinton’s run for office as follows:” (Bruce Lindsay to Maura Pally – ‘Re: RE: Re:’ (08.04.2015).

Cheryl Mills on Foreign Contributions:

I sent a correction yesterday to what the policy wason foreign contributors – it was not a blanket no foreign contributions (though that  is what happened in practice); i*t was no foreign contributions for CGI; for other initiatives like CHAI (Aids), CCI (climate change), CHDI (development in Africa), it required approval by DOS/WH to accept NEW contributions (or significant increase in an existing one)*. So question would be – if a country like Germany decides to contribute to funding aids drug that the foundation facilitates through a low-cost consortium, is answer no, the Foundation wouldn’t do it or yes, it would and would immediately disclose it – that is more likely situation facing Foundation.” (Cheryl Mills sent to John Azalone of Anzalone Liszt Grove Research – ‘Subject: Re: Foundation | Foreign Contributors Statement’ (19.02.2015).

You cannot say after reading it that it looks good for the Clinton Foundation when this kind of practices are happening with sanction from the CF staff and their allies. That they are doing illegal funding of their operations as they are not honoring the agreement with Government of United States and as a key role as Secretary of State; so one of the persons who has one of the noblest positions used her family-name to get donor-funding to their foundation and programs without legality.

Here I am turning into something else that is also worrying about place that a man like Rwandan President Paul Kagame has gotten in the Foundation and it’s subsidiaries. I don’t know if it has become like that because President Bill Clinton didn’t have to stomach to stop the genocide in 1994 and continued supporting the RPF and RPA conquests to oust former American Ally in Mobutu in the DRC. Also, knowing that the other darling of U.S. Museveni in Uganda we’re helping and facilitating the rise of RPA as Kagame we’re a vital part of the NRA and their first government in Uganda. People’ tend to forget this and see beyond those chapters of life. Like they are long forgotten past, but even to this day President Kagame is in good hands with his former American Ally. We will see in 2012, that he was set-up as a Co-Chairman with Carlos Slim. Also that through the graces of Blair that Kagame appreciated Bill Clinton’s “unflinching support”. Take a look!

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Rwanda – Kagame Co-Chair in CGI projects:

“This is follow-up to our accomodation of these folks at CGI. As you may recall, this commission is co-chaired by Kagame and Carlos Slim. We’ll set a call with the commission chair to discuss further his proposal in this letter to WJC that we do a broadband panel at CGI in September. Thanks, Ami” (Amitabh Desai, sending mail to fellow Clinton Foundation Staffers – ‘Subject: Fw: Letter to President Clinton’ 20.01.2012).

Rwanda- by all means Kagame accepts their support!

“Ambassador asked if WJC/CF/CGI could do anything to help on education/universities in Rwanda. I explained we are constrained by funding but if they have specific ideas, to let us know. He said they’ll put together some ideas for us. – Ambassador asked about attracting more investments/businesses to Rwanda, including mining/natural resources investors. I emphasized CGI as an opportunity for Kagame to engage investors. I also mentioned Barclays interest in doing something at CGI on investing in Africa. Also mentioned Kagame doing a side-meeting at/around CGI that convenes investors interested in Rwanda, akin to WJC’s investor meeting for Ireland or session WJC did for Haiti last year at CGI. – Ambassador said criticism of Kagame seems to have quieted, partly due to WJC and Blair’s unwavering support for Kagame. Ambassador said Kagame and Rwanda very much appreciate WJC’s unflinching support” (Amitabh Desai sending mail to fellow Clinton Foundation Staffers – ‘Subject: Qatar, Brazil, Peru, Malawi, Rwanda’ 16.04.2012).

If all of this isn’t worrying, if this state of play is what can be organized through a Clinton Administration it says something about the words they pick for the society and press to read, and how they really act. That their saying something, but act differently; that is not a good state of affairs for transparency and accountability of civil servants, Clinton Foundation or any organization.

We can all question why Rwanda and President Paul Kagame we’re getting so much credibility through programs of Clinton Foundation as he is not really a gentleman. He is surrounded by military and oppressive behavior that takes total control of state and business. Is that something the Clinton’s and their Foundation wants to be affiliated with, really?

It’s enough of sadness and disgusting e-mails for one day. Peace.   

Uganda: Alleged Irregularities in the Procurement for Management and Collection of Revenue from Nyamayenje Market (19.09.2016)

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Other Documents:

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Explaination of the documents: 

“Today the Town Clerk of Rukungiri Municipal Council Otim Andrew Kibwota was described as the most un serious accounting officer by the members of Rukungiri District Public Accounts Committee.Mean while all Councillors of Rukungiri Municipal council have unanimously voted to chase away this Town Clerk who is never in office and only comes when he hears that government has released some money and comes to withdraw it and share it with the Mayor Charles Makuru(Endira Kukyinduka) and Treasurer one Andrew Byaruhanga” (John Kakugombe, 30.09.2016).

South Africa’s Zuma asks court to stop release of watchdog’s graft probe results (Youtube-Clip)

“South African President Jacob Zuma has asked the courts to prevent the release of the findings of a probe into alleged political interference. Public Protector Thuli Madonsela is expected to announce her preliminary findings from an investigation into the Guptas, a controversial family with close ties to Zuma. They’re accused of using their relationship with the president to influence Cabinet appointments. Madonsela’s report can’t be released until the court has ruled on Zuma’s request. Many locals have expressed their disappointment with the president’s actions, saying the interdict is suspicious” (CCTV Africa, 2016)

Kenya: Press Statement on the “Chickengate” Investigations (05.10.2016)

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Raila’s new war fronts on Uhuru (Youtube-Clip)

“ODM leader Raila Odinga and a new team of strategists have crafted a multi-pronged tactic to discredit President Uhuru Kenyatta’s first four years in power” (The Star Kenya, 2016)

Professor Itumeleng Mosala of the BCM sending a message to President Jacob Zuma (Youtube-Clip)