An affidavit from the former-editor of the Daily Nation Denis Galava who was “sacked” for Political reasons!

This happens in the same time period that Gado the cartoonist at Daily Nation has been under fire for his cartoons of Kenyatta and later was finally sacked for a cartoon mocking President Museveni. So there were already issues between editorial freedom and the government control of media in Kenya under President Kenyatta, as this story will show.

Denis Galava the former editor Daily Nation who got fired for speaking up towards the President of Kenya Uhuru Kenyatta. This here is outtakes from his affidavit and is interesting as he was fired or sacked in the end of January 2016. The gaging of Kenyan Media comes to the surface and makes an impression!

Problems of November 2015:

“Earlier in November, the Editor-In-Chief called me to his office for what I presumed was a routine discussion on the investigation docket. We had lined up stories on Eurobond, Jubilie’s Mega Scandal, the death of the manufacturing sector and the collapse of the coffee sector. While not disagreeing with the merit of the stories, he said timing was tricky. For that the Aga Khan was scheduled to visit Kenya in December 2015 as a State guest and the presidency accused the Nation of malice for interesting scandals in government” (…)”Mr. Mshindi also asked me to ask popular Saturday Nation columnist David Ndii to stop writing about Eurobond and NYS Scandal because of his provocative analyses had angered the government and cost the company business. I out rejected the proposal, saying the columnist had struck in the letter and spirit contract of his contract and the reputational damage of us gauging him was not worth the risk” (…)”And the Editor-In-Chief, instead of defending our editorial independence, had chosen to gag us” (…)”My experience with the senior editors and we concluded that the Editor-In-Chief had privilege political sensitivities and personal biases over good journalism”.

How it all started:

“Completed the Editorial at 05:30pm and alerted the acting editor of Saturday Nation to revise it. He told me it was hard-hitting, but truthful. Since the paper was in the midst of a staffing crisis, I also took on a few other tasks that evening – editing the special reports section and ‘Page one’. I left shortly thereafter for the night” (…)”Woke up on Saturday morning to a social media fest over the editorial” (…)”Around midday, the Group Managing Editor (GME) Weekend editions called saying the editorial was hard hitting but objective. He received many calls, most compelling the Nation for finally speaking truth of power and a few from State House officials saying that the editorial was a declaration of war against the president”.

This continued with reactions from the State house:

“It also learnt that there had been a call from a senior State House official later that afternoon which was to be the first rumble the thunder in the brewing storm. The official asked why the Nation was ambushing the President in the New Year. He said the President was angered by the Editorial and intended to take it up with the Nation’s founder, the Aga Khan, who had been a state guest at the 12. December 2015, Jamhuri Day celebrations”.

State House Kenya

Calls on Sunday:

“the calls had become more frantic in tone. I learned from the GME Weekend Eric Obino that the Editor-in-Chief Tom Mshindi had called him from India saying the government had threatened serious sanctions over the editorial. That NGM board chairman Wilfred Kiboro and called and also written to the CEO Joe Muganda and Mr. Mshindi demanding immediate action to appease the government. Matters were complicated by the fact that for three years, the Nation board and the local Aga Khan network had been trying to reach out to State House in vain”.

On Monday:

“The Acting Saturday Nation editor Kariuki Waihenya and GME Weekend informants told me they had received emails from the editor in chief asking them to show cause why disciplinary action should not be taken against them over the publication of the editorial”

On Thursday – 5^th January

“That morning, the HR director returned from leave for a conference call with the Editor-in-Chief, who was in India, and two Group Managing Editors for Weekend and daily editions (Mr. Obino and Mutuma Mathiu, respectively). After the discussion, the acting editor for Sunday Nation was given a first warning letter over the editorial, while his Sunday counterpart was also cautioned over the cartoon published on the January 3 that infuriated State House”

Later on the same day after picking up and taking his niece to school he got a call:

“the GME Weekend editions called asking me to join him at the responding to mounting fury, added to the prevailing bewilderment. According to his statement expressing the official position of the paper, I had not been suspended but rather advised to stay away for a few days”

On Friday – 6^th January:

“the BBC interviewed Mr. Muganda over my suspension. Mr. Muganda said I been suspended for not following procedure in writing the editorial and went ahead to compare me to a bank teller who steal cash”.

On Thursday – 14^th January:

“the HR Manager in charge of editorial Ms Jane Mkituri(Not sure) called me to invite me for a disciplinary hearing at 2pm on January 18. She also invited me to respond in writing to the issues raised in my suspension letter”.

On 18^th January:

“In my response letter dated January 18, I protested that the procedures and guidelines referred to in the suspension letter were communicated to me for the first time in the suspension letter” (…)”While I had in the past either written or authorized editorials based on my judgement, the issue of procedure had never come up”.

Reaction to the letter:

“I was surprised to learn that two hours after submitting my response stating from there were no written procedures for editorial writing, the Editor-in-Chief issued – for the first time – comprehensive guidelines and timelines for writing editorials”.

On the disciplinary hearing:

“I was surprised that I had to defend myself to the very people who has accused me and suspended me unheard – the Editor-in-Chief, GME Weekend, HR Director and Company Secretary (Mr. Joseph Kinyua). I had expected a different, independent panel compromising at least one peer and individuals unrelated to the suspension the law states” (…)”The hearing turned out to be more of a dialogue of the deaf than even my initial cynicism anticipated” (…)”Every question started and ended with the word procedure, with an occasional dose of “disrespecting the presidency and endangering company business”. In 58 minutes, the duration of the hearing, I repeated 17 times that I not flouted procedure since, in actuality, there was no procedure to flout”.

The answer on the matter at the hearing:

“A panelist offered that he would be more cautious if he were in my shoes. Here I stood, he added, both having upset Kenya’s President and the Aga Khan, and risked the business of the paper, and yet here I also stood seeking justification rather than groveling for mercy”.

Continued part of the hearing:

“I explained that this section spoke of content and not procedure. None of the panelists cared to listen to me” (…)”Pushing the file I had given him aside, the Editor-In-Chief said I had hurt him, the tone of the editorial was disrespectful and it was risked the company business. The Company Secretary weighted in with similar comments, adding that this was the most disrespectful article on the presidency he had ever read and that I should be apologizing instead of defending the indefensible”.

Later on the 20^th January:

“About 10am on Wednesday, January 20, the HR Director called and asked me to see him in the office at 4pm. He gave me the termination letter for “willful disobedience of the covenants and laid down process and procedures”. I protested this was unfair because in whole of my career at Nation”.

Together with the Gado sacking and this story of how the Editor-In-Chief dedicated the stories and silenced the newspaper and their columnist to fit the State House, is a worrying sign when we think about the up-coming elections in 2017.

That the media have to worry about writing articles to step on their toes and not be able to make stories that they can cover, as the President and his advisor will call the Nations Editor-In-Chief or CEO. As the State House want the investment from the Aga Khan and the State House want to look decent, and not have the story of corruption or scandals out! Peace.

Nkandla: DA to proceed with arguments before the ConCourt (03.02.2016)

These are the remarks delivered at a press conference held in Parliament. The Leader was joined by the Chairperson of the DA’s Federal Executive, James Selfe MP, and DA shadow Minister of Justice, Adv Glynnis Breytenbach MP.

The DA, after taking legal advice, has decided to proceed with presenting our Heads of Argument before the Constitutional Court scheduled for Tuesday, 09 February 2016. In so doing we will be seeking the relief outlined in our Notice Of Motion.

The DA notes the settlement offer made by President Zuma but contends that the contents of his settlement offer do not comply with the remedial actions as ordered by the Public Protector in her report entitled Secure in Comfort. In fact, we contend that the President designating the Auditor-General (A-G) to come to a determination as to how much he is liable is the latest attempt to establish a parallel process, for a fifth time.

Specifically, the DA will argue that President Zuma’s failure to engage rationally with the Public Protector’s findings and remedial action pertaining to him was manifestly irrational, illegal and unconstitutional. We furthermore contend that the President’s decision to substitute the remedial action ordered by the Public Protector with a determination by the Police Minister, SIU or Parliament  on whether he was liable for any of the costs was illegal and unconstitutional.

Legal precedent at present, as established by the Supreme Court of Appeal (SCA), is very clear that “an individual or body affected by any finding, decision or remedial action taken by the Public Protector is not entitled to embark on a parallel investigation process to the of the Public Protector, and adopt the position that the outcome of that parallel process trumps the findings taken by the Public Protector.”

Furthermore, should an affected body or individual seek to challenge the findings and remedial actions of the Public Protector they should do so by way of a review application in a court of law. The President to date has not done so; he has instead frustrated the work of the Public Protector by way of erecting parallel processes, which have no legal basis.

Legal certainty about the powers of the Public Protector, and the force and effect of remedial action taken by the Public Protector, are vital to the successful functioning of our constitutional democracy. That is why the Democratic Alliance (DA) took the SABC and the Minister of Communications to court when they disregarded the remedial action ordered by the Public Protector to suspend Mr Hlaudi Motsoeneng, and to institute disciplinary proceedings against him.

It is clear that the President Zuma has deployed a contingent of Ministers and ANC Members of Parliament to defend the indefensible act of constructing a palace at the expense of the people of the Republic. Those doing the President’s bidding have even gone as far as ignoring Court judgements in order drive a political agenda, despite swearing in their oath of office to uphold the Rule of Law and the Constitution of the Republic. Now before the highest Court in the land, we are confident that the Constitutional Court will bring the Nkandla matter to its logical conclusion by determining that President Zuma do what the Secure in Comfort report by the Public Protector ordered; which is that he pay back a reasonable percentage of the costs of the non-security upgrades to his private residence.

For too long President Zuma and the ANC have abdicated their responsibility to uphold the Rule of the Law and the Constitution, but have done everything to undermine to the work of the Public Protector and the Constitution.

The Constitutional Court will, on Tuesday, consider this matter in order to provide legal certainty about the Public Protector’s powers. The law has been developed in some degree in the Schippers judgment, confirmed by the SCA and that the Constitutional Court will rule definitively on the matter.

Suspension of the nurses from Abim Hospital says: “No open door policy during election, period”.

There are sometimes you do something wise during elections like a public display and speech that makes a difference. We have today seen the release of the letter telling that the NRM-Regime feels victimizes over the pictures and stories released after the FDC and Dr. Kizza Besigye visited the Abim Hospital.

The Nurses that are suspended just did their public duty to address the matter of their working place, they knew that the NRM-Regime and their elections squad wouldn’t take a step into the premises and caring about their working place. This is also a state-run institution who serves the people. And supposed to serve the people, be a place of healing the local community and have service which employee’s standard conditions to secure the health of the local public.

 

Reports from April 2015:

“Operational standards at Abim hospital in Abim district have sparked resentment among various groups of people in and around the district.This follows alleged increase in the number of people dying in the hospital due to poor administration and management of the hospital.Five people reportedly died from the hospital last weekend” (104.7 NENAH FM Karamoja, 21.04.2015).

Later in April:

“Abim Hospital!!! Medical and support staff at the above hospital have laid down their tools, others have resigned due to non payment of 4months salary! Someone In The Office Of CAO is messing up service delivery to the local populace!” (Karamoja Development Forum, 29.04.2015).

There is surely some missing money for not only equipment, but also ghosted monies that were supposed to go the hospital. This is looking worse for the NRM-Regime, the more I dig! But here is the letter everybody is talking about:

If you wouldn’t believe where the shattered hospital we’re there been reports of embezzled funds that could have built and reshaped the structures and equipment of the hospital. Just take a look!

Statement from Moses Byamugisha today:

“The Abim district CAO Mr Nandala Moses Kaziba who wants to dismiss the nurses over Besigye visit to Abim hospital told Public Accounts Committee sometime back that vouchers for shs900m he embezzled were eaten by termites”.

Some more statements:

Former reports on the Abim Hospital:

“Besigye who was on his campaign trail in the area last week promised to have the entire health care system in Uganda overhauled once elected president. Now according to the Resident District Commissioner Samuel Mpimbaza Hashaka, Sh700 million has already been disbursed to facilitate renovation of this hospital. He explains that the contract has been awarded to Pearl Globe Engineering Limited and the renovation is envisaged to be complete by June next year. After renovation, the hospital is expected to have an average capacity of 1,400 for out patients and 120 admissions” (RadioCity 97FM, 09.12.2015).

What Dr. Kizza Besigye wrote on 5^th December after the visit to the hospital:

“I would like to thank the people of Abim for welcoming us. Today while on the campaign trail we took some time off to visit Abim Hospital, the patients there just like in other districts live due to the mercy of God, a small medical team that is not paid well and paid on time is not motivated to work extra hours when they are needed. What we witnessed in Abim Hospital is a pure brain drain. An FDC led government believes in investing in our human capital and our pledge includes paying our medical workers well and on time”.

We can just see through the pictures and the stories coming out that the NRM isn’t looking good on this after 30 years of their rule. And that in the middle of their lovely funky wonderful stories that makes Mzee looks spotless.

The visit and stories from Abim Hospital is different than the beautiful wished stories from the NRM. Like the ones they had with the Gig Song and Bebe Cool fooling himself around on the road talking about the development and steady progress of NRM. But with the last action the Hoe Project and little goodwill they still carry dwindles even more. The nurses being suspended is just a blunt move from a regime losing grips on reality. What is next? What is the next move from the greatness and stature of the State?

FDC passed by and got real stories about the situation. They didn’t misuse it or put the people of the hospital in a bad place, it became a essential example of the neglect of the NRM-Regime and their systematic exploit of government institution instead of actually offering the citizens the services they need. And that hurts the citizens first and secondly the NRM has neglected to provide the service the citizens needed. This has been proven by statements and reports from last year. Together with the PAC ordeal with Nandala Moses Kaziba has taken money that was supposed to go the hospital. They have already had issues with payment and other money missing.

That the nurses get the stick for getting in the MEDIA is just foolish. Well, Kahinda Otafiire and Tamale Mirundi I am sure has some well put words to drop. Online already TVO has said his peace. FDC has gotten brownie points and the NRM has lost the media-war…

Peace.