What we are reading today is the results of the illegitimate elections of 2017. The Fresh Presidential Elections, the 26th October 2017, the ones where two dynasties didn’t get together in a free and fair elections. After the first elections of 2017 was on the 8th August 2017, which was happily dismissed and the IEBC had to make new elections in the same year. This was because, the verification of results and ballots was fraudulent. Not that the elections of October 2017 was any better, but the parties didn’t go all through it. Because, Raila Odinga and Uhuru Kenyatta had an handshake on the March 9th 2018.
So, today’s report is about this and the arrangement between the dynasties of Kenyatta and Odinga. They might have made it into a Taskforce, where they are Building Bridges to Unity or Building Bridges Initiative (BBI). This is an initiative made between them and not a direct public inquiry nor one made by the public for the public. This is the political elite finding new steps and statutes to settle grievances between themselves.
I will take some snippets from the 156 pages long report, but will not digress too much into it. As this is made for the parties and their own private interests. This is not for betterment of the Republic, but more for securing the facilitation of the current status quo and the leadership itself. To think otherwise, than the Fresh Presidential Elections of 2017 would have ended differently, just like the August polls did, earlier in the year. That is if this was free and fair, as it was forged results fitting one man and his elite.
“Kenyans have God-given rights that must now stand alongside a Kenyan Charter of Citizen Responsibilities that is inspired by the National Anthem and the National Values, and includes a Patriot’s Pledge to the Nation and the Constitution of Kenya (for schools, workplaces, and official national and public events)” (BBI Report, November 2019).
As a Christian is a nice ideal to involve the faith in this manner, but still for a Republic and a pluralistic society and government, the BBI and the government itself should focus on the rule of law, constitutionalism and this to ensure the respect of laws for the citizens. What they are putting first is the faith and GOD, not what what should be put first from a governing perspective. Unless, the government is a church and a place of faith.
“Prime Minister — Within a set number of days following the summoning of Parliament after an election, the President shall appoint as Prime Minister, an elected Member of the National Assembly from a political party having a majority of Members in the National Assembly or, if no political party has a majority, one who appears to have the support of a majority of MPs” (BBI Report, November 2019).
This is revitalizing the role of Raila Odinga, to have another one position in the cabinet and within government. That is to really have yet another big-man, so they have more leaders within the high-ranks. Instead of directly appointed by the President, the person is there on accord or consensus of the whole Parliament.
“Leader of the Official Opposition — The runner-up of the Presidential election becomes an ex-officio Member of Parliament and the Leader of the Official Opposition if his or her party is not represented in the Government, or of a coalition of Parliamentary parties not represented in the Government” (…) “Question Time — The Opposition will play a key role in Prime Ministerial and
Ministerial Question Time sessions in Parliament. Question Time is an opportunity for MPs to question Government Ministers about matters for which they are responsible” (BBI Report, November 2019).
This is clearly made in the fashion of the Parliament in the United Kingdom. They are clearly wanting the Corbyn Versus Theresa May, they want the public to be squaring off between the opposition MPs and the Cabinet. To answer for themselves and to be accountable. Not only suddenly hold some Press Conference. This would be what this means. While also, letting the loser of the Presidential Election still having a place and a role in Parliament. That is to clearly give way and be viable, still after elections.
“No Kenyan Left Out — The ‘Kubadili Plan’: As part of ensuring that all Kenyans have access to quality services which are foundational to putting people onto the path of shared prosperity, the Taskforce proposes a Kubadili Plan to bring marginalised wards to the level generally enjoyed by the rest of the country. The plan will be to identify the Wards which are most marginalised, at present and historically. Implementation should start with the Wards ranked last. Develop a plan to build schools, health facilities, roads, water, electricity, and police stations, in a way that the people of the whole Ward have access to them; and ensure that the facilities are built in all the Wards within a period of three years” (BBI Report, November 2019).
The ‘Kabadili Plan’ is just what the government is supposed to do, just on Ward level of government. This plan is what the government is supposed to do and isn’t a magic trick. This is just making it into a text and naming it something. The government are supposed to deliver basic needed services and this isn’t rocket science, but apparently the Taskforce see the current state not fit to do this.
“Public Officers should not be in business with the Government — Address conflicts of interest by reducing Public Officer involvement in business with the Government” (BBI Report, November 2019).
Another basic one, as a person is in public office, shouldn’t have conflict of interests nor have the powers to give business advantages because of it. That is why many big-men in the past has given away or let their businesses into trusts, while they been in government. This should also be natural, also show what businesses the public officials, what sort of land and other assets they have. That will implicate them and also where they should recuse themselves from voting or participating in the process.
This is what I found as interesting within the report. It was a lot more, but this will be discussed. We can wonder what implications and what will be implemented by this report? Because, there is very little other than a big hoopla and not so much flash. We have to wonder if this will make any changes, if the Taskforce plans to bring forward Constitutional Amendments and other laws to reinforce what it t states?
That is if, this report has more value, than buying time for Kenyatta and Odinga. Because, unless something of this will be considered. There need to be more than launch and a final delivery of an report. This needs laws, motions and amendments, if they are sincere about what this one says.
Since, there is a lot of words and well-wishes, but not significantly addressed in the Report. They are talking of it in the conclusion, but then they are pushing the recommendations without considering what all might think of these. Some are good, but then again, this was a match between to parties not the whole Republic. Peace.
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.
President Yoweri Kaguta Museveni have now launched his consultation of a constitution for the East African Federation from the current day East African Community. He has just given the chairmanship to Rwanda. As he trouble with neighbours and the EAC is already failing in between themselves. Instead of finding solutions between the trade-issues of Tanzania and Kenya. The border points between Kenya and Uganda. The Ugandan-Rwandan tensions, which they have already postponed to fix. Also, the questionable activity between the Rwanda and Burundi. All of these has to be answered, before these Republic’s tries to become one.
The only reason why Museveni wants this is to save his legacy and become an Pan-African Legend. Someone who wasn’t only a rebel, warlord and self-styled President for life. But he also consolidated the power of East Africa. Museveni wants to be bigger than Uganda.
That’s why he wants to form the East African Federation. Not because his wishes to make things better, but because he wants to taste more of the possible trade-offs in the other republics. He has eaten most of his life from the state there and now wants more things to pocket. That is why he wants a new constitution, which will fit him. Hoping he can push this in Arusha and among the EAC.
I don’t believe he will do this for the benefit of Burundi, Rwanda, Tanzania or Kenya. He will do it for the benefit of him. Museveni always has the answer and he doesn’t want listen to others. That’s why he wants to change the Community into a Federation. That is so, he can be the President of the East African Federation. It is for nothing else. He wants to control and have power to tell how the Kenyans are supposed to act, how Tanzania is supposed to act, how Rwandans are supposed to act and how Burundi is supposed to act, and finally even how South Sudanese are supposed act. All of them are supposed to follow him and his guidance.
This start of the Constitution of East African Federation is just relaunching the process of the 1990s of Uganda. When he launched the 1995 Constitution of Uganda, which he got proclaimed for and been one of his landmark achievements as President. But has dwindled with time, as he has amended it to fit him and not the Republic.
That is why he wants to change the mandate and the purpose of the EAC. So, that his words gets as powerful as it in the State House of Entebbe. He wants that over the EAC. He will use any tool, any excuse and any means to change that. Because, he will lie, misuse facts and twist it to make it seem viable.
That’s just who he is and why his doing this. Not being sincere. He will speak of trade and integration, but with a plan of a federation. It means someone will have power and force over it. It gives it another mission and not just diplomatic tool. That means someone has to govern that and he wants to be that man. If he wouldn’t, then he wouldn’t have made the document and the process in the first place. This con his done before, but now he wants to do it with plenty of nations and not just one republic. Feel me? Peace.