Opinion: President Kenyatta ill-will to tackle Corruption

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“When it comes to this issue of corruption that has been at the centre stage of Kenyan public debate, it has frustrated me as President. And I would say why: because the pressure is on me to do something about corruption” (…) “I then sit back and ask: show me an administration, since independence that has tackled corruption like I have done. I have removed everybody who has ever been named or touched upon on the issue of corruption” (…) “I have done my part, at great expense – political. I have told them to step aside, and they have done it; whether guilty or innocent, I suspend them for three months until investigations are concluded” (…) “By the way that pronouncement by itself is unconstitutional. I have no power to suspend them” (…) ”I wish there was a way guilty persons could be charged, but nothing! We set up a multi-agency so that we can coordinate our affairs, still no movement” (…) ““I have taken the actions that I can take within the Constitution. I have given all agencies resources to fight corruption, and I challenge any agency to come out and say that I haven’t given them the resources. I stand accused that the executive is not doing its work. What do you want me to do?”Uhuru Kenyatta at the State House at the ‘Anti-Corruption & Accountability Summit’ on the 18th October.

Well, Honourable His Excellency President Uhuru Kenyatta of Kenya, your under fire for corruption scandals, something that has been rampant during your administration. There been all kind of corruption scandals all the way into the Judiciary and the Supreme Court, into businesses and even in Parliament. Senators, Governors, Members of Parliament, investors and all kind of people, even Cabinet Secretaries has been burning in your period as the Executive.

This isn’t just about the Kenya Ethics and Anti-Corruption Commission (EACC). This isn’t about that, though that is a tool used by the President for his legitimate fight, even as it been an unused tool since John Githongo we’re “fired” in 2005 by the Mwai Kibaki administration. Since then the EACC has just been a puppet for the Governments of Kenya.

So if the President Kenyatta can complain about the dockworkers and the administration in Mombasa for their corrupt behaviour as they trade the goods through the dock, before it gets loaded on land. There been as long as I remember been the first people the Kenyan Presidents hurried to accuse, but for some reason never sack civil servants running the Mombasa Docks, which for me sounds weird.

We are now in the midst of the unravelling National Youth Scandal (NYS) where billions of shillings went into forged companies of the ones running the NYS fund. That is blowing up and making the CS Sicily Kariuki looking silly, while the main architect hopes to go scotch free like her fellow comrades Josephine Kabura.

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This together with a mix-up at the Ministry of Health, that has been diverting funds as well, CS Cleopa Maliu has tried to explain the situation, but the companies that been implicated has done what they can wash their hands clean of the dirty acts of the MOH. The Tax-payers 5 billion shillings just vanished into thin-air and made little progress of the sick. That Mobile Health Stations we’re actually rebranded containers and other projects from the Ministry we’re flawed has further damaged the reputations of the Ministry and their Economic Policies.

If this two wasn’t enough in the times of the Kenyatta Presidency the “Chickengate” and the Independent Boundaries and Electoral Commission (IEBC) has been sacked for their corrupt trades, where they used deliveries to add “chickens” on the recites so they could get extra commissioned for making sure By-Elections happen orderly, even using foreign producers of ballots to skim-off tax-payers monies. This within bound of the current leadership and their hard-work against corruption!

It’s not like Uhuru Kenyatta is earning fortunes on the system today with his giant corporation like Brookside Diaries, that got business with Sameer Agricultural And Livestock Limited in Uganda, also owns a huge stake at the Inyange Industries in Rwanda. He has a stake in the Banque Internationale Pour l’Afrique au Congo (BIAC) in the Democratic Republic of Congo. This together with the valuable Heritage Hotels in Kenya; other corporations are the Commercial Bank of Africa (CBA) that has subsidiaries outside of Kenya as well. In media he owns the Mediamax Group: which controls the K24, Kameme FM and People Daily.

When you owns these businesses and knows the practises well, than he doesn’t see it fit to rock-the-boat. Just keep business as usual as his corporations are growing in size nationally and internationally. This while the government practises are weaker and mediocre, the business aspect is rising. Why should he work against his own corporations, which wouldn’t be a good look as the owner?

Well, at the same time the government has added debt, but also had another questionable Corruption scandal – the Eurobond we’re by September 2016 there we’re actually 215 billion shillings that was unaccounted for. That has never really been explained, even if the International Monetary Fund that been discussing with the Central Bank of Kenya (CBK) and CS Henry Rotich tried to explain it through an all of a sudden transaction to JP Morgan Chase Account in New York in January 2016, that 2 years after the release of the questionable transactions and sale of the Eurobonds.

Kenyatta Rio Team 2016

So I have just these issues that I remember right now, concerning the Jubilee and Kenyatta Government of the present day. With these kind of activity doesn’t make feel like the EACC or any kind of Anti-Graft activity has ever occurred. There are so many more like the Athletics Organizations concerning the Nike Apparel and Agreement between them and NOCK for the Rio Summer Olympics of 2016. So the runners and such we’re not supported as they we’re supposed to do, as the Government and Selected Officials we’re selling the clothes instead of giving it to the Athletes. That is just another one of the corruption scandals in his term.

I do not get the feeling that President Kenyatta has done what he could, what he should, but what he would prefer, to keep it at this present time with business as usual. Not caring about the cases, not interfering, not creating laws or amend government bodies to get more power to intervene on the corrupt behaviour. The President has kept it day-to-day and not tried to stop it. Because it is his loyal troops who are eating of the tax-payers plate. They are bending the laws and accountability to secure funding of the made-up corporations that got tenders by the NYS scandal and so on.

President Kenyatta, if you cared; I am if you’re really serious why does the amount cases keep piling and why is so many people walking scotch free after stealing, thieving and embezzling away government funds? Why do this people walk the streets without any prosecutions or trials of their cases? Why? What does it take to make them guilty of blue-collar crimes?

The real chicken thief is in the nearest sell of Eldoret or Kisii. But if they we’re suits sophisticated stealing like the Anglo-Leasing deal with the Kenya Defence Force than the men and woman walk talking to Kidero or any other governor with a grin. This is the same happing in your time and under your permission Mr. President. Time to act upon that!! If you meant the words you uttered out of your mouth in the State House in October this year. Peace.   

Kenya: Petetion to His Excellency the President Uhuru Kenyatta for Expedient and Decisive Action against Grand Corruption (03.11.2016)

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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.

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.

RSA: The State Versus Oupa Magashula, Visvanathan (Ivan) Pillay and Pravin Gordhan (17.10.2016)

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Besigye’s “Treason Charge” adjourned to mid-November 2016; Waiting indefinite to Sentence him as they are silencing the People’s President through another day of Mock-Court!

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Just as we are talking today we’re in mid-October and the Presidential Election are already months away and the Treason charge continues to linger over the life Forum for Democratic Change Dr. Kizza Besigye. He had to today again had to pass out of his home in Kasangati, that has been besieged around the weekend and been detained without reason or charge during the Independence Day, he was that together with many of the FDC leaders and FDC Youth League who we’re captured like their we’re doing co-operated effort to directly undermine the authorities, instead of celebrating the Nation 54 years of Independence from the United Kingdom and their British Empire.

Well, let’s be clear that is not cool, no matter what excuse the poor excuse for a man called AIGP Andrew Felix Kaweesi displays of meagre character and use of laws that makes CP Fred Enaga into a legend of spin-control. That says more about the Police Force disposition as the carrier of rule of law and instead their work to institutionalize their oppressive behaviour against the Political Party and their Defiance Campaign.

Today as the Treason Charged man called Besigye we’re passing through from his homestead towards the Nakawa Court. He we’re blocked at Sheraton Hotel as the Police Force wouldn’t even let him answer to the call of a case that the DPP Mike Chibita hasn’t been able to carry out the collection of evidence or credible courtship for Besigye. The Treason Charge against Besigye we’re filed on the 13th May 2016 from the CID Headquarters of the Police Force, the noble man charging him we’re D/SSP Mark Odong. He must surely be remembered for signing of on this nonsense as the loyal muppet he is for the NRM Regime. Here are the words that Besigye said on the Court-Steps of Nakawa today!

Besigye addressing the Press today:

”I am about to protest coming to this court, I will continue fulfilling my conditions of bail on the same case. When they are ready they will call. It’s been more than 5 months since o was arrested and there is still no case that they have to present against me”.
Again: Nakawa court adjourned the treason case to 16th November 2016. Postponing the case indefinite to make his life in the limbo and courting him like they have done for years for charges under the Walk to Work, even in Kabale Court, which still in 2016 is not yet finished or even sentencing on year upon end; the phony charges and court games are used to silence and stop the Opposition leader from having capacity to live normal and work as a political figure against Mzee. That is the plan all along.

Sorry, wange, sorry brother; it’s enough, your gig is up. Please stop the Mock-Courts, the Kangaroo Courts and the misuse of funds to save face. Wait, the Ugandan Government cannot get enough money to keep the upkeep of Makerere University Hospital or Electricity at times for Mulago Referral Hospital, while the President has funds to buy new Russian Helicopter to his expansive US aided army. Peace.