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.

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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.   

Safaricom: Refunds for Cheza Games Premium Rate Service Commence (05.11.2016)

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News comment by UNHCR’s Spokesperson, Cécile Pouilly, on the return of Mr James Gatdet Dak to South Sudan (04.11.2016)

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UNHCR is deeply concerned about the well-being of Mr James Gatdet Dak, SPLA IO Spokesperson, who was returned to South Sudan from Kenya on Monday, 2 November. Mr Dak had previously been granted refugee status by the Kenyan authorities.

Mr Dak’s forced return is a violation of the principle of non-refoulement, which is the cornerstone of international refugee law.

We also regret that UNHCR’s interventions with the Kenyan authorities to stop Mr Dak’s forced return were not successful.

We urge the Government of South Sudan to ensure that Mr Dak is treated in accordance with human rights law and standards.

Kenya: Letter – “Multi-Billion Money Laundering Scheme at the National Youth Service” (29.07.2016)

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

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Statement of the Government of the Republic of Kenya on the Executive Summary of the Independent Special Investigation into the Violence which Occured in Juba in 2016 and UNMISS response (02.11.2016)

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SPLM/A-IO Statement on the Disappearence of James Gadet Dak in Nairobi, Kenya (02.11.2016)

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The African Union Peace and Security Council Concludes Field Mission to South Sudan (01.11.2016)

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The field mission, consisting of all fifteen members of the PSC, was led by H.E. Ambassador Catherine Muigai Mwangi, the Permanent Representative of the Republic of Kenya in her capacity as the Chairperson of the PSC for the month of October 2016.

JUBA, South Sudan, November 1, 2016 – The Peace and Security Council (PSC) of the African Union (AU) concluded its field mission to the Republic of South Sudan, which was undertaken from 28 to 31 October 2016, pursuant to a decision adopted at its 609th meeting held on 30 June 2016. The field mission, consisting of all fifteen members of the PSC, was led by H.E. Ambassador Catherine Muigai Mwangi, the Permanent Representative of the Republic of Kenya in her capacity as the Chairperson of the PSC for the month of October 2016.

The objective of the field mission was to gather first-hand information regarding the political, security, humanitarian and socio-economic situation in the country. During the mission, the PSC held extensive consultations with the President of the Republic of South Sudan, H.E. Salva Kiir Mayardit and other members of the Transitional Government of National Unity (TGoNU), including the First Vice President of the TGoNU, H.E. General Taban Deng Gai, representatives of SPLM Leaders (Former Detainees) namely, Honourable Deng Alor Kuol, the Minister of Foreign Affairs and International Cooperation, and Honourable John Luk Jok, the Minister of Transport.

The PSC also visited two protection of civilians sites (POCs) in Juba and Malakal where it interacted with the representatives of the internally displaced persons in these sites. 

The PSC further held consultations with the African Diplomatic Corps; the Special Representative of the Secretary-General of the United Nations and Head of the United Nations Mission in South Sudan (UNMISS) and her team; representatives of the Joint Monitoring and Evaluation Commission (JMEC) and Ceasefire and Transitional Security Arrangements  Monitoring Mechanism (CTSAMM); faith-based and women’s groups and representatives of Other Political Parties, including the SPLM/IO; as well as with the Troika and representatives of several bilateral and multilateral partners, including the European Union.

The PSC commended the TGoNU for demonstrating the necessary political will and commitment to implement the Agreement on the Resolution of the Conflict in the Republic of South Sudan (ARCSS) signed in August 2015. The PSC appealed to all South Sudanese people to fully embrace the peace process. To this end, the PSC encouraged the TGoNU to ensure that the implementation of the Peace Agreement is inclusive and to embark on a nation-wide campaign of civic education, with a view to generating the necessary momentum for the successful implementation of the Peace Agreement.

The PSC underscored the urgent need for the establishment of accountability, justice and reconciliation mechanisms as provided for in the Peace Agreement, including appropriate mechanisms to address issues relating to sexual violence in a timely manner, with a view to ensuring justice for the victims. The PSC welcomed the consent of the TGoNU for the deployment of the Regional Protection Force pursuant to United Nations Security Council Resolution 2304.

The PSC emphasized the critical importance of ensuring humanitarian access and encouraged the TGoNU to facilitate the activities of the institutions that were established by the Peace Agreement, including JMEC and CTSAMM. In addition, the PSC encouraged constructive engagement between the Government of the Republic of South Sudan and UNMISS with regard to the management of POCs.

The PSC reiterated its commitment to support the TGoNU and the people of South Sudan in implementing the Peace Agreement, among others, through the engagements of the AU High Representative for South Sudan, H.E. Alpha Oumar Konare. The PSC strongly urged all South Sudanese to embrace dialogue to find a consensual solution to the challenges impeding the implementation of the Peace Agreement.

The PSC expressed gratitude to the TGoNU and the UNMISS for facilitating the successful conduct of the field mission.

Kenya: Public Action against Mindless Theft and Waste of State Resources (01.11.2016)

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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.

Kenya: List of Josephine Kabura’s firms that won NYS tenders

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