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Archive for the tag “DCI”

DPP’s Press Statement on Ruling of Deputy Chief Justice Philemona Mwilu Case (31.05.2019)

Opinion: DP Ruto is something else, but truthful his not!

This is an occasion where we can speak to ourselves candidly without considering who is in government or opposition. The subject today is a new dawn for our country and what we should all do. We must rid our government and institutions of corruption. ‘ A New Dawn’ is a good subject for us all to engage in theft and corruption is bad in any language. From my mother tongue it is said… “ A thief may be intelligent but not more than the investigator” To our investigative agencies, you have our support as you help us deal with the challenge that we have. The 10 commandments say – Do not steal… Do not bear false testimony. The President and I were once victims of false testimony. It took hand of God and prayer for us to get out. We do not want any Kenyan to suffer such again. As we pursue this noble course, we must remember to inspire the hawker to own a kiosk and kiosk owner to own a shop and shop owner to own a mini market, and a boda boda rider to own a car” – Deputy President William Ruto on the National Prayer Breakfast on the 30th May 2019.

DP Ruto is the career politician, the man who says whatever to walk scotch-free and get other people in trouble. His really bold and brazen, he knows what his been up too, but still acts like its nothing.

Ruto knows how his grown wealth, built an empire and owns several of estates. The DP haven’t got this out of goodwill of the state, but out of the shady backdoor deals and land-grabbing. This is well-known stuff, therefore, the DP knows his corrupt and his actions. Still, he speaks like his still the innocent broke preacher he was back-in-the-day.

The Hustler hasn’t hustled through the proper channels, his wealth has grown and deals done while in government have surged all his accounts, his estates, businesses and even corporations. That is the sort of man he is. Therefore, his pledge to work against corruption, means initially work against himself and all of his associates. All of which is preposterous.

Secondly, it wasn’t an act of god that stopped the ICC case against him and Kenyatta. That was well prepared work from your associates and officials in the Republic. As the Judge Eboe-Osuji “declared a mistrial in the case, because it cannot be discounted that the weaknesses in the Prosecution case might be explained by the demonstrated incidence of tainting of the trial process by way of witness interference and political meddling that was reasonably likely to intimidate witnesses” (ICC – ‘.Ruto and Sang case: ICC Trial Chamber V(A) terminates the case without prejudice to re-prosecution in future’ 05.04.2016).

If intimidating witnesses is answers from God, than the God, DP Ruto confesses to at night is totally different than mine. Surely, my God answers prayers too, but not with possible tainting legal process and using harsh methods against the ones who will testify against you. That is what was done in the ICC case and therefore dismissed. It wasn’t false testimony, it was making people afraid of even speaking out on the mischief being done.

That is why I am not accepting the words of DP Ruto. He tends to lie and bend the truth to his advantage. This is just a snippet of his speech at the National Prayer Breakfast earlier today. Surely, he said more things whose was disregarding the truth. Still, I focus on this, because. Unless, the Life-Style Audit hits home, unless the war on corruption takes down his fraudulent activities. It is hard to believe it is real. Peace.

The Untouchable Ojienda!

There are sometimes and somewhere, someone who has such connections and place in society, that they are untouchable. Professor Tom Ojienda is the Chairperson of the Judicial Service Commission of Kenya, he is also the former Chair of the Law Society of Kenya.

Tom is a Special Counsel, so the man has a unique place in the Republic. That has been evident over the last few days. Just within short time, the Department of Criminal Investigations (DCI) and Department of Public Prosecution (DPP) had to both fold an alleged fraud case against the man. This being illegal obtaining of funds from Mumias Sugar Company. Clearly, he has such a position, that the Courts are barring his case. This because he sits on top of the JSC.

We are seeing a game, where the elites, the ones on top of the food-chain can possibly eat and live lavish on other people’s dime. Misuse their position and still get away with it. Even as the DPP have found evidence of corrupt activity, the Courts are dismissing the case. That shows how bad the society is.

This isn’t just about Tom, this is about the failing judiciary and the failing rule of law. When someone is above the system and cannot be touched. Because, the Case against him could be barred in the High Court. Which is really unique, in the circumstances and what we have seen. We are clearly seeing that Tom is something else. Since, he is now out and about, even with the questionable cash obtained through Mumias.

That shows how his prestige and position, means that he can differs from the law, which he presides as a Special Counsel and part of the JSC. Therefore, as part of the clientele on top, he cannot really be touched.

If Tom had been an ordinary crook, he would have suffered behind bars and awaiting sentencing. However, Tom is high-ranking official and a lawyer. Therefore, the system has to be careful, as he can unveil or even reveal matters to the courts. That is why the case is stalled, that is why he isn’t touched.

This story isn’t cool, but more a friendly reminder, that some people have suction and doesn’t need to worry. Tom Ojienda is one of them.

The Republic see it and even if Tom thinks his off the hook. As long as he gets away with it. People will see him as a crook. Until it is really proven, that he never took. Peace.

Just read this nonsense of Charge Sheet. It says it all!

Uganda Law Society Statement on Attacks on Lawyers in Line of Duty (18.07.2017)

Letter to the DPP from UAP: “Re: Industrial Action from the Uganda Association of Prosecuters” (11.07.2017)

Kenya: Report says that Safaricom is a helpful hand in the breaches of incepting intelligence for the Security Organization!

The international Non-Government Organization Privacy International dropped another gem today with a report on the surveillance and on how the Kenyan Authorities get their ability to get intelligence and how they use the communications platforms to get knowledge. The worrying way is how the Safaricom and the Kenyan Authorities together spies on the population.

This report through different methods and also interviews, as much as people who have worked on the inside has told stories how the Security organization has used the giant Kenyan Telecommunication Company Safaricom. All should be done with court orders, still there are proof now of internal squabble inside Safaricom where there are even undercover agents inside the company. Take a look at key points of the report!

Court order to require Intelligence:

“In practice, if not in law, Kenya’s surveillance regime appears bifurcated. The NIS intercepts both communication content and acquires call data records without warrants to gather intelligence and prevent crime, and police agencies acquire communications data with warrants to prepare criminal cases. If it’s ‘just’ for intelligence, explained one police ATPU investigator, then warrants are not sought: “For the sake of investigations, the DCI [Directorate of Criminal Investigations officer] attached to Safaricom will just give [it to] you… When you take someone to court, you have to make it proper now.” Safaricom stated to PI that they “only provide information as required by courts…and upon receipt of relevant court orders.” (Privacy International, P: 16, 2017).

Internet Providers and NIS:

“One internet service provider recalled the difference between his experiences with the police and with the NIS: “A [police] agency comes to me, and they give me the Occurrence Book (OB) number of the case they are investigating…. The NIS has unfettered access to data.” The NIS simply contacted this operator for the data it required. “They will say ‘give us [data for] whenever X calls Y over this time period’, for example…In instances involving terrorism, no warrants are produced. We have to comply or there is the threat that our licenses [will] be revoked.” A Communications Authority of Kenya (CA) officer confirmed his account: “they’ll get their license revoked [if they do not comply]… If I were them, I’d comply too” (Privacy International, P: 17, 2017).

Safaricom CID Connection:

“The major telecommunications providers have at least one law enforcement liaison, a police officer of the Directorate of Criminal Investigations (CID) on secondment. This analysis focuses on Safaricom, by far Kenya’s most popular mobile service provider with over 60% of the market share. At Safaricom, around ten CID officers sit on one floor of the Safaricom central bloc. They provide information to all police branches” (Privacy International, P: 20, 2017).

“The reported presence of NIS officers undercover in Safaricom and possibly other telecommunication network operators presents serious concerns as to whether any civilian authority or mechanism would be able to effectively oversee the process of communications interception. “The way we know they are here is that they’ll be present, seconded from somewhere else, but then suddenly they’ll disappear,” explained one CA employee. “And then you hear your colleagues saying ‘didn’t you know, that guy was NIS?’ They keep very much to themselves. You’ll even find your boss some time suspecting you of being NIS.” According to sources, by building rapport with civilian officers, NIS are able to informally access communications data. “Of course [the NIS officer in Safaricom] will liaise with the Safaricom engineer… Once there is information that he needs, or that our office needs, he gets in, he talks to the engineer, he is given access,” explained a current NIS officer. “Because in Safaricom, every time you log into the database to check for a certain number, you have to put your code there. … It depends on the rapport he has with the engineers…. They trust him.” (Privacy International, P: 21, 2017).

The use of Safaricom and the surveillance shows the problematic relationship between the government and the private telecom company. That the State Security Agents are not using warrants getting intelligence and private intercepts online shows how little the value of the citizens are. When the government security agents can breach public space without court orders and when they have undercover agents inside the biggest telecom in Kenya, shows how they breach the public sphere to get access and intelligence from the inside. This is a worrying side. Peace.

Reference:

Privacy International – ‘Track, Capture, Kill: Inside Communications Surveillance and Counterterrorism in Kenya’ (15.03.2017)

Uganda – DPP for sale – Secret mail confirm prices of law enforcement (03.04.2015)

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