Kenya: Governor Alfred Mutua letter to IGP Hilary Mutyambai – Re: Treats to me by DP William Ruto, Aden Duale and Kipchumba Murkomen (16.12.2019)

Council of Governors: Jamhuri Day Message (12.12.2019)

Kenya: MLK LLP letter to Chairman Kirogo – Ref: Request for Information on Dennis Njue Itumbi (09.12.2019)

Opinion: Kenyatta’s Week of Anger

It seems like its been a week of anger in concern of President Uhuru Kenyatta. It is hard to know why he suddenly gotten so mad. Maybe the fuzz of the beers or whatever he drinks doesn’t work anymore. Maybe some international organizations doesn’t want to borrow money without to many strings anymore. Who knows? But certainly, his not the happy, go lucky President of the past.

Kenyatta has gone after the ones claiming he was silent. He has targeted the ones who commented on the BBI Report before it was published. Uhuru has addressed the Tanga Tanga and Ruto allies. But not in friendliness, but straight forward attacks.

First with the silent quote, before the carrying own cross!

“They see me silent and think ‘he is just there and knows nothing. There is nothing I do not know and when the time comes, I know those who speak and they are not those who are speaking now. When the time comes, we will come and we will speak to you about what we will do. Mwaka mpya, we are with you. Let’s just first listen to their lectures. We are with you” – Uhuru Kenyatta on the 4^th December 2019

“Please let us not politicize the war on corruption. When an individual is stealing public resources he doesn’t do so on behalf of his family or community. Therefore, anyone who is implicated should carry their own cross” – Uhuru Kenyatta on the 8^th December 2019

With this he shows that his made and furious. Not that Kenyatta haven’t shown that before. He has whined before in public about his war on corruption. Not that its believable, because his closest cronies and known grand corruption scandals, which are not touched or have had any consequences. They have just gotten appointed elsewhere or gotten away scotch-free.

That is why his anger and frustration only seems forced. That the President only says this things, because he knows this is the right thing to say. However, his actions and his state of affairs is saying otherwise. That is why its not believable.

It is a mirage, that the President think he can create on his own. He thinks he can build it and make the image of it into reality. When its only a creation of his own imagination. The President can continue with his harsh words, warn and talk of sanctions. The President can continue to assault one part of the political elite or professions, but that wouldn’t change anything.

Kenyatta can act mad, can act sad or even glad. Nevertheless, the real actions are shown with what he borrows, the debt-ratio he leaves behind, the state deficit and the lack of good results from his time in office. That Kenyatta have little to show compared to the Big Four promise or the other pledges. Is because the state has been busy doing other things and securing their time to eat. The President has accepted it too, because he has eaten too.

That is why, the current outcry and stable battle against corruption goes old. When it really isn’t targeting the ones on the top, but the small fringe players and the ones whose has their turns. That is why Kenyatta can play and think PR speeches will save his behind. However, it will not. It is a lot of noise, but no real action. Peace.

Kenya: National Police Service – Press Statement on the Arrest of Nairobi Governor Mike Sonko (07.12.2019)

Opinion: It was Sonko’s turn, apparently…

Arresting Nairobi City County Governor Mike Mbuvi Sonko will not solve anything. Neither will it change the ways this are done. Governor Sonko has just followed the footsteps of the previous governors and County Officials. Not it’s righteous or make it right to steal from the public coffers, but that is ingrained in the system. There was no significant change from Evans Kidero or anyone else before him.

The Presser of DPP Noordin Haji and his arrest order of Sonko will not do a big whoop in Nairobi. Than, the whole political elite and all the stakeholders has to change overnight. As they are working as business as usual. Yes, Sonko is a thief, his comrades is involved and his misused power. Nevertheless, in Nairobi, who hasn’t and who of the political elite isn’t benefitting at this current moment?

It is not like the slum-dwellers nor the citizens outside the posh areas feels significant changes from who reside as the Governor. It is just another head and another big-man, who has his time to eat. That isn’t inspiring nor justification for what Sonko did, but he does what everyone before him has done too in this role. Land grabbing, putting associates on County Boards and appointing friends as county officials. That is just what they do.

Before he got elected, he had already been convicted and a run-away prisoner too. So, he knows the rule of law and know what it entails to break it. He has served a stint behind bars and that’s not new to him.

If his corrupt, than his just as blimy and outrageous as plenty of the government officials and the ones running the Jubilee government. Not like the Jubilee have gone long and far between corruption scandals, neither the mere scope and the amounts of grand corruption too.

Therefore, Sonko has to answer for his misdeeds, unless they are baseless and taken out proportions. Some even claim this is the sins of the previous administration and Sonko trying to clear the bill. But that is up for his legal aid to defend the man.

Sonko’s time was up and suddenly he had to appear. Somehow, it isn’t far from being a high ranking official to be answering in courts. Even Cabinet Secretaries has gone from High Ranking Officials to felons overnight. Therefore, that Sonko does it now isn’t that special.

His just one con down, more to go. Wouldn’t be shocked if he got caught slipping and had cases against him with viable evidence. However, that is up to the courts of if the DPP has his paper-trail in order. It wouldn’t be shocking if Sonko got caught doing some illegal bidding and some tenders out of whack. That just meant he was the perfect target at this very moment.

Since the DPP and other agencies has targeted less friendly faces and ensured they have a bad day. Like Hassan Joho of Mombasa has already been under fire for other reasons. Therefore, that Sonko is in trouble today isn’t a sudden new trick of the sleeve. More another play and to show that someone gets charged for corruption.

If this plays out well and not a PR stunt, than the DPP and EACC has done their best. If he just get free and the case is dismissed. Than it was just a play for the façade and hoping that no one notice the charade. However, that is to early to know.

Nevertheless, when you elect a crook and a thief, don’t expect him to not steal. He will not turn into a preacher man and a saint, when he has already been charged with it in the past. That should be public knowledge and common sense, but apparently is not. Peace.

Nairobi City County: Office of the Governor – Press Statement over DPP’s Arrest Order (06.12.2019)

Kenya: office of the Director of Public Prosecutions Statement on Allegations of Corruption in Nairobi County Government (06.12.2019)

ICC: Lessons learned from the Kenyatta Case of 2011

The Internal Investigation of the botched International Criminal Court (ICC) case of the ‘Kenyatta Case – The Prosecutor v. Uhuru Muigai Kenyatta – FORMERLY – The Prosecutor v. Francis Kirimi Muthaura, Uhuru Muigai Kenyatta and Mohammed Hussein Ali, ICC-01/09-02/11’, which the investigation started in Kenya in October 2010 and failure to produce anything binding or to justify the charges against them. So the charges was dropped by 2013 and 2014. While the whole case was terminated by March 2015.

Now the ICC has suddenly dropped an statement into their internal investigation into why it ended like this. Even if they have the warning, of if any of the judges get new evidence on the case. They might re-open it. However, what this states is very serious and the acts done to interfere in the investigation. Says also a lot, also about the shortfall of the jurisdiction and help from the government of Kenya. Which isn’t weird, as the state was investigating the President and allies of him. They don’t want any issues with an foreign court. That is all natural in the scheme of things.

Just look here:

“The prosecutorial process in the Kenya cases, the experts found, was hampered by deadlines set by the first Prosecutor that were based on considerations other than what they considered to be sound prosecutorial practice. In their view, the effectiveness of the investigations and prosecutions was significantly undermined by a “decision over assessment” tactic respecting cases and a target-based – as opposed to evidence-based – approach to investigation and charging. This, coupled with other problems, meant that the prosecutions were burdened with weak cases, relying on one or only a small number of insider witnesses – whose evidence could not be independently verified by the OTP – to establish essential elements of the case” (ICC, 26.11.2019).

“The key point concerning the Government of Kenya was the OTP’s delay in seeking the assistance of the Trial Chamber to compel cooperation, resulting in part from the contradictory approaches advocated by JCCD and PD (that is, continue to try to persuade the authorities to cooperate versus applying to the Trial Chamber for a finding of non-cooperation against the Government, respectively). This lesson has been taken on board. The OTP also has a range of strategies to secure cooperation from States Parties and situation countries, and these are still evolving” (ICC, 26.11.2019).

“The investigations were further undermined by the decision to delay in-country investigations, which did not take place until after the CoC hearings. Unfortunately, after those hearings, investigating in Kenya became much more difficult: support for the ICC among Kenyans had been eroded by a concerted campaign of negative propaganda; OTP personnel were followed, putting them and anyone they contacted at risk; the witness interference orchestrated by the suspects/accused became even more pervasive; and the Government of Kenya (GoK) became even less willing to co-operate, if not actively interfering with OTP operations and witness security” (ICC, 26.11.2019).

“As noted above, the GoK did not support the OTP investigative activities, instead it either allowed interference with witnesses inside and outside of Kenya and with OTP activities in Kenya, including surveillance of OTP investigators, and/or may have been directly involved in such interference. It refused Requests for Assistance (RFAs) thereby hampering the OTP’s ability to access potential evidence, or imposed such conditions or access as to, in reality, make that access so cumbersome as to be unworkable” (ICC, 26.11.2019).

We can see the ICC started this out on the wrong premise and lost because of it. They couldn’t present well enough evidence, either because of the deadlines. Nor the way the small pockets of witnesses was silenced. This was done, as the ICC haven’t secured them or ensured their safety. This was a mismanaged approach by the ICC and the ones seeking justice on this case. The Kenyatta case was finally dropped, because the ICC and their partners hadn’t done their job, neitehr had the Government of Kenya done its either. Therefore, this one got stalled and the charges got dropped.

Like the charges against William Ruto, Joshua Arap Sang and Uhuru Kenyatta. This was done because out of the 10 witnesses supposed to be put forward, only 5 showed up. That means the prosecution and the material they could assess wasn’t substantial enough nor digging deep enough. The ICC didn’t do their work and the Kenyans was doing internal actions to ensure the ICC didn’t get a case to begin with. They silenced the witnesses and intimidated the ones who could have come forward to the ICC.

This should be a lesson for the ICC. That to quick deadlines, not enough work with the coordinated leadership of where they charging people and get the proper jurisdiction might be more important. As they couldn’t do their job, as the Kenyans was putting hampers in their way. Next time find out ways to secure the witnesses and the affidavits to collect evidence before they are afraid of testifying. Peace.

KMPDU: Statement on the Death of Dr. Hamisi Juma in Cuba (18.03.2019)