The Okoa Kenya Saga; Signatures disqualified and the validity of the IEBC; the men who controls the elections can decided their own fate and disqualify citizens without questions; CORD might lost the Amendments right now, but the JAP and the IEBC looks like the game was already rigged in their favor.

Okoa Odinga 2016

Today the Independent Electoral Boundaries Commission of Kenya (IEBC) answered the Opposition Party of Coalition of Reforms and Democracy (CORD), that has since January 2016 worked for an amendments of laws to sufficiently make the Electoral Reform and the Electoral Commission to become better and more righteous; as the amendments would set more standards and specify the laws as for instance only have one voters registers and so on. That seems legitimate concern for any political party, as that would set precedence for how you can count the actual voters and hereby have certainty of the amount of voters for each polling station. That is just one example of the amendments in the constitutional amendment that the CORD had facilitated and signatures. Here is the latest statement from CORD of the 26 March of 2016 and also today’s statement from the IEBC.

CORD Statement on the 26.03.2016:

“The allegations set out in the said statement are as bizarre as they could get. It is a clear manifestation that IEBC is a joke of a commission that does not comprehend the enormity of the constitutional responsibility bestowed on it. The cavalier manner in which IEBC continues to treat the critical manner of the Okoa Kenya popular initiative to amend the constitution goes a long way to confirm our long held views that we will not go into another election with IEBC as currently constituted” (…)”At the core of this dispute, IEBC has not disclosed to anyone what register they used to verify the Okoa Kenya signatures. During the Supreme court petition in 2013, the commission had a characture of five different sets of registers which were ingnonimously endorsed by the supreme court” (…)”There is no way a collection of 1.7 million signatures from all over the county can lack a few jokers and you can’t tear out those pages without affecting the integrity of the whole collection” (…)”It is interesting that in the week preceding the announcement by IEBC some of its commissioners called the leadership of Okoa Kenya to communicate that the initiative had met the threshold and they were in the process of preparing the transmission to county assemblies. Similarly senior commission officials made a similar announcement in an engagement with county leaders at a forum in Naivasha. This was a until their favorite Siamese twin that is Jubilee knocked on their door that they started shifting goal posts” (Magaya, 2016).

IEBC Statement on the 28.03.2016:

“The Independent Electoral and Boundaries (IEBC) would like to make it clear that it did not at any point verify the authenticity of signatures presented in support of the OKOA Kenya initiative. Any mark was admitted as an intention or consent by a petitioner. The Commission did not reject a single signature because of its structure or formation. The records that were rejected were those that were not found in the voters register. Some records had signatures but without ID or passport numbers while others had just names and no other entries. The claim that IEBC could not possibly verify signatures because it did not have a repository of samples is true. It is therefore needless to belabor or fault IEBC on this matter and we could not ridicule ourselves to that extent”.

Okoa Kenya 2016

That CORD has gone the extent of the exercise of Democratic values went along to follow the constitution to get the signatures from a great amount of people that is needed for this to get through to Parliament and then voted by the Members of Parliament there through the significant amount of votes to amend the constitution.

The IEBC would by all means not accept that as that would mean the ones selected to be in the board and leadership of it would be scrutinized and questioned even more by the citizens and political parties. As the institutions who facilitate and organize the elections and secure the tallying of the votes, would surely not accept to reformed when they are ensured to keep that state as long as they have the grace of the ruling regime and ruling party.

The Ruling regime and Ruling Party of Jubilee Alliance Party (JAP) have no interest of changing the constitution as long as that gives them an edge and structure that can secure the next election in 2017. That is the reason alone why they have no interest in this juncture to change it, if so it is to change public perception on the matter and the up-coming election, as the JAP and the President Kenyatta has had enough scandals lately.

The truth of the matter will come at a later point and this is certainly a political game from both angels and the IEBC is the scapegoat either for the JAP and the CORD. The Parties cannot be embedded directly with the Electoral Commission, if so then it’s ipso facto no democratic election to come. Than the IEBC will more directly announcing the result the JAP want or the President Kenyatta wishes, that is not a great look for the ruling regime or the IEBC; except that they are loyal to the regime running the country.

IEBC-ROADMAP-2017

Certainly the reason from the IEBC is disregarding the collection of signatures; they are directly insulting and insinuating cheating of it. And it is with common sense the CORD is saying certain pages will be badly written and conducted as the public will act a fool sometimes. That is something that the IEBC should respect and maybe counter the pages of nonsense. Still not underscore the whole picture from the CORD on the Okoa Kenya and the amendment of the Kenyan Constitution.

The proof and the validity of the IEBC can be questioned by one simple question. Why should the organizer of elections have the power to disqualify the citizen’s questions of the constitution and also disregarding the signatures? Who really think that the commission that controls and instituted elections want to change it? Why would the men and woman who has a comfortable job make it harder? Why want the JAP change the laws when they help them to stay in power?

When you can answer those questions and have the results of them. Then you can see my reasoning for why the referendum on the Constitution of Kenya is not happening. Because the IEBC has no reason to change it, and the ruling regime has the same agenda. Except that the JAP also want to look decent for the citizens and the pundits. IEBC works on accord with the Parliament and the Government, so if the laws changes then they will work differently. The Opposition is right to question the IEBC and their technical and operational work for the elections held. But they should not easy dismiss the wishes to reform the work and electoral laws, as they might be insufficient and missing vital structure to procure viable and trustworthy elections. As long as the can be more than one voters register, you can one which is the one they use and which one is the official. That is something that the IEBC should not have issues with. As long as there are more than one list out, means that there are more possibility to fix the results wished at any given time, as the polling stations can have different amount of total voters depending on which list that the IEBC uses. That gives the them the opportunity to rig the election as they please, instead of having a unified and one single register of voters that can be checked after the announcement and preliminary results from each polling station. You smell me? Peace.   

Reference:

Magaya, Norman – ‘Press Release on the OKOA Kenya initiative’ (26.03.2016) link: http://tupashe.com/railas-cord-releases-explosive-brief-giving-conditions-before-facing-uhuru-in-2017/

Mzee and his Militarized State; the Guns never left the Executive it seems!

M7 rescue

“Soldiers feel that the Police are not serious with the criminal elements and that they are corrupt. The army had to come in and insist that criminals must be punished. It happens in all countries, there is a time when the army assumes the duty of internal security”. General Museveni (Daily Nation – Nairobi – January 26, 1987).

This is ironic that President Museveni said in 1987. We can see that times has changed or that his mind set to other perspective then directly from the bush. With the guerrilla warfare and the so-called liberation struggle, that has been discovered more and more about the tactics done to get power.

It is surely and clearly many ways President Museveni talked democratic values while it has been uncovered that he oppressed the media and opposition. It has done that since day one of the regime, just different how far and to what extent. It has always tried to look beautiful on the surface and smiles to the donors and Election Observers Missions while in the end, the institutions built around the Mzee. That the Electoral Reforms haven’t really been there for free and fair elections. When I went through the 1996 elections the stories are similar to today’s oppression of the opposition.

M7 2016 Post Interview quote

While opening up for free-market thinking has over time and letting the United Kingdom, Kenyan, South African, Indian and Libyan businessmen got easy trading ability in the country, while the exports and trade boards are gone, less of unions and other governmental structures. In the later years the government has started with micro-credit, Operation Wealth Creation and Youth Livelihood Programs as a cheap way of trying to patch up with the loss of sufficient structures that are sold out, by government to get loans in the beginning of its administrations.

We can easily see that the government who came to power with the guns and ammunition, and still has MPs directly from the army is bound to have the militarized effect on the politics. As the Police are acting with direct force and not following always rule of law. While the government overflows with former colonels and generals becoming politicians instead of businessmen and civil servants as the President is a bush-man himself and been part of two insurgents to power. One in the end of 70s and one in the famous 1986, so the guns never left the power and stayed there; even the tale with the donor-funding of the army from abroad to fight dirty wars the U.S. don’t want to stick their finger in, as in Somalia and Central African Republic.

EC 22.02.2015 Guarded Heavy

The Electoral Reforms as discussed briefly the NRM-Regime have stifled most of the time any kind of reform and ruling power therefore had to have two elections on referendum to release the Multi-Party Democracy and also been making the difference between using government funds and using the well-known factor of promises pledges from direct government subsidies to the big-men and chiefs, even Parejo’s and other SUV’s given to men to secure the votes and loyalty to the Mzee.

There been steady shifts in leaders underneath Mzee as he has taken down the men who has been built by his leadership, as he want the ones with his former MPs, VPs and PMs as they wanted to elevate themselves and leave him behind. As the founding father of NRM, nobody else should rule the party and have the Executive control. He took it with a gun and easily takes pictures with it to show where his strength is.

The government have used all kind of methods and tricks to gain riches to NRM elite and leave the certainty of other manufactures, industries and even achieve certain outcomes only for the closest allies of the NRM, even on Town Council levels where NRM members and NRM elders have closest call to get add-ons and secure funding for projects, while the opposition and other institutions have to get hands-out by international NGOs or Bilateral funds to get enough for what they need. The Resistance Councils and the now Local Councils are built for securing de-facto loyalty to the Executive and learn the strength of regime, not to be a democratic system.

UPM Poster

The Police and Army is built around loyal men in the top and men the Executive can trust to follow his suit and have his family close connected, even with Gen. Salim Selah not in direct leadership position as he has been involved into too much thefts, thieving and other activities to clean the leadership to look decent for international community, even with Brig. Muhoozi Kainerugaba who is groomed and quickly up the ante with running the Special Forces Command. The ruthlessness of the army and Police never left, and the new laws in place have given lee-way to them to use it as free-for-all to shut down dissidents. While the leadership is steady shifting  and moving as they don’t want the DPC, RPC and Army commanders to be on short-leach and not be to homely where they work.

The continuation of post-election violence in Bundibugyo and Kasese, the way the army is deployed there days on days, shooting Rwenzururu Kingdoms security guards, while the treat of the ADF-NALU who is stations right over the border in the Democratic Republic of Congo, and as always the Police issues statements blaming other forces, even when video footage and other eye-witness counter their words and intelligence; in the end insulting the intelligence of the people.

1986 Joke

The NRM-Regime and the words of their Executive is now totally different than what he was talking the first years of their reign. The Economy is dire, the donors are more futile and less interested in involving themselves in a militarized economy and where the NRM-Elite instead of the citizens and general population, the ones that get funding is direct funded projects as roads and buildings, but not economic prosperity as the inflations is high, the value of currency dwindles, the amount of monies to buy ordinary food-stuffs, the government have added higher loans to sufficiently take up the vacuum of the loss of donor-funds to the governmental budgets.

The whole picture is not as it should be after the ruling-party have run the country for 30 years, the picture should be a steady economy, a secure police-force respected and honor the citizens, an army working for securing the borders and doing international missions not for securing funding, but to generate peace. The country should have beneficiary institutions and taxations with representation, the ones that been done have not delivered, the steady progress has not been delivered, and when is when the media has blasted or BBC have got a whiff of it. As the NBS or NTV cannot whip the power to change, the same with the papers as they are mostly censored and controlled as the radio-stations have lost their transmitters, license and even their hosts been detained while being on air, the Daily Monitor ransacked for two days and the NTV banned from following the Presidential Campaign trail of the Executive.

Police 29.02.2016 Kasangati

There is an issue when the army is such a big part of nation, in the parliament, in the streets, in deployment and around all the time. The internal security is based on the army, not the police who is also militarized with sections of special units with military equipment for breaking down demonstrations and other gatherings of opposition, even independents who was former NRM have struggled with army and the Police Force. As the detaining of Opposition without charges, house arrests of Presidential Candidates and taking people with Candidates Declarations Forms from the Polling Station.

The whole picture is not of the state of business, the way of government that NRA and the NRM promised, it has overtaken the control of the institutions, but not given the accountability and transparency, not the economic landscape or investment climate that they have promised for so long, the basics are much of the same and the deals between the oil companies and drilling has been happening behind closed doors; like not open dealings and showing how the companies pay for their operations and how the government structures are as the oil-laws are not strict and not fully operative yet.

Jinja Police 10915 P1

The tear-gas operations and the live bullets are not showing the proof of democratic values and society. The internal security and the structures are not strong, when the army enters all kind of operations, as they even killed bed-bugs in neighborhoods of Kampala in mid-February as the KCCA didn’t have the manpower to reach the area, as the UPDF have been used in any kind of processes, even the training-center of the army Kyankwanzi the National Leadership Institute and military training camp; where the NRM MPs has had retreats before the new parliament like the 9th and 10th Parliament went there.

The Kyankwanzi resolutions or decrees as party MPs has set precedence for the coming term and the evolution of the ruling-party as the structure in the last go-around left many of the old-foes behind, and the former secretary-general and Prime Minister Amama Mbabazi behind. While this time the struggles with Justine Kasule-Lumumba, Jacob Oulanyah and Rebecca Kadaga might go through hardships in the coming 10th Parliament as the internal security means the security of the Executive and bring down the men and woman who has ambitions. That is why the Executive have centered the powers close to him. As even ambassador’s claims he is hard to read, the generals of UPDF fear him and just want to do his will, and the same with the police force who has a loyal Inspector General who follows every whiff from him. Even former Warlords and M23 are yearly on the payroll from the State House. As they are securing the security of the state and the government institution as civilian militia-men that does their army bidding; also does discreet business for the Executive as their role have never been told to the world. Therefore we can only be guessing at this point; though they are not cutting the grass at Entebbe or Nakasero!

The way the Army is embedded in the society and external politics, the guerrilla warfare brought the Executive first to a Ministerial Position before the General Election of 1980 and again at the takeover in 1986. He came with the gun and never left it, and never let it go, in all endeavors and structures the embedded army has followed, the loyal cadres and commando have continued, the re-payment of loyalty and offered protection have come in handy. The kickbacks and graft never left the offices, the building of the businesses have also centered the government officials, while the former government businesses has been sold for quick bucks or privatized.

Daily Monitor 1993

The internal security can be questioned with the army running the streets in Kasese, Kapchorwa and Kampala as a steady force and looking like Marshall Law or state of emergency as the government shows the display of power, and the Police rides around in Personal Armored Carrier and have mortars as Journalist lose their cameras and the media get muffled with. The insecurity created and the ballots been stolen in broad daylight, the impunity of law of fellow citizens is not creating the peaceful atmosphere the Executive have promised and said he delivered, as the Kenyan funding of the campaign and Sudanese Army men proves the Executive went far to secure his stay in power, instead of trusting the ballots and votes, he trusted his instinct and went for the guns and ammunition that have given him the power before, as he had loyal well-paid puppets in the Electoral Commission and generals in the Campaign Team, together with losing NRM Primaries who was paid off; in his mind this should have gone in silence and gotten the credible result needed to be respected statesman abroad, instead the announcement and the cracks of the army and the social media showed the true colors and not the story given by the Executive or his party cadres, which shows the payments and party program is shell of keeping power by any means, instead of building fruitful societies and institutions for better tomorrow. The lies are not invisible anymore, the questions the actions and killings is not only in the hands of semi-army police force and the general populations knows it. As the mourning of the announcement and the weakness of the state comes forward; therefore army had to be deployed and the reshuffling of Police Commanders happening a month after Election Day.

You can lie once and fool the crowd, but lie twice and then the storm comes on the horizon. That is what is happening now and the Executive knows and knew before these elections that the people are tired of his lies and reprogrammed pledges. As the changes of society has only brought bottled water from mountains of the Rwenzori and cellphones, certainty at one point the Universal Primary Education and extended Local Councils that has benefited, but also after a while the schools started to disappear and become depleted. The more districts, sub-counties and counties have taken a toll on the economy. Also been set-up to secure more loyal cadres in Parliament and locally. Through the chain-of-command as the structure is militarized and set to fix the monies, the government institutions, government businesses, government organizations and the commission to be loyal to the Executive, even the churches and holy institutions, if possible they can have some dissidents and opposition; that is just enough for the country to have a rouse and jolly while eating the donor-funding and letting the people stay poor while the NRM-Elite stays powerful. Especially the NRM and the Executive does not care about the FDC and their claims to justice, as the justice is the basics, but for the NRM it is to keep Power and let their Executive stay continuously. And by the minute does not seem to want to leave the country in a state that he promised when he took power.

The Star Paper Article 04.02.2016

As his guns does not seem to be silenced, the level of fear, the way the PAV rides down the streets and highways, the way the roadblocks are put, the way the Police detain without charges and the way the government mend laws to fit the Executive, the way the banks are demonstrating their will of following him to earn monies, the way the businesses are centered around him and given favorable deals, the way the harassment of opposition and media, the way the army and police involve in politics and daily life, it does not seem as a democratic and just society. The detention of the ballots and preventative arrest of citizens are worrying, as much as the control and efficiency of it. The pride of the government and its institutions are weak when the KCCA need the Army to fight local problems, the Executive does not trust anything else and therefore the biggest smiles on the photos from him comes in army fatigue and guns as that is the place he feels the best, not in the office or at state meeting. If not it is on his farm relaxing while the monies are piling in without doing anything. Peace.

The Battle for the Oil the Coast; the Continuation of the diplomatic squabble between Kenya and Tanzania!

Oil-pipeline

The tides are turning and the continuation of the matter on who gets the crude-oil pipeline through their countries from Hoima down the coast. The Ugandan delegates to Tanzania were treated as royalties as the delegation could bring tax-money and development for the Tanzanian government. While the Kenyan could take that away and they could see either their advantage or disadvantage towards the Port system of Tanga. That might be why CS Keter lost his passport and travel papers on Wednesday in Port of Tanga.

The only ones earning on this diplomatic matter is Ugandan, but the East African Community is creating a hostile environment between countries over a pipeline and the gaining the monies involved in the deal, the rates and construction of the pipeline.

Keter Citizen TV

What was said the day after the Passport and Travel Papers of CS Keter taken at Tanga Port:

“According to a source in the Presidency, Foreign Affairs Cabinet Secretary Amina Mohamed has tasked Kenya’s envoy to Tanzania Ali Chirau Mwakwere with getting to the bottom of the matter. “We want them to tell us what wrong they did as per the East African Protocol.” (…)“The two leaders agreed to meet after two weeks in Kampala to allow their technical officials to harmonise their presentations, focusing on: ensuring a least-cost option for a regional integrated pipeline, address constructability issues along all routes – existing and planned infrastructure, terrain and elevations. Assessing and confirming the current proven reserves which will have an impact on the size of the pipeline,” Keter and his Ugandan counterpart Irene Muloni jointly stated on March 21 following the State House meeting” (…)”It is in the process of assessing the, “viability of the Lamu, Mombasa and Tanga ports,” that Keter and the rest of his delegation encountered hostility”.

Manoah Esipisu

What is said today on the matter:

“State House Spokesman Manoah Esipisu told reporters in Nairobi that Tanzania was isolated deliberately because it had nothing to do with the issues on the agenda. “Monday meeting was bilateral. As you know we had also invited oil companies but they did not participate in the bilateral meeting,” he told journalists” (…)”Diplomatic sources said Kenya was planning to protest the apparent violation of the East African Community laws on free movement of people, even though Tanzania has argued it had no prior information the officials would be travelling to Tanga” (…)”As Mr Keter and his group were being barred from the Port, the Ugandan delegation led by Irene Muloni, the Energy Minister, were being shown a presentation on the advantages of routing the pipeline through Tanzania” (Mutambo, 2016).

tanga port

More on the matter today:

“A senior State House official who did not want to be named because the matter was being handled at the Foreign Affairs ministry said the incident was “unfortunate” and that Kenya would protest to the Tanzanian government through its high commissioner in Dar es salaam. “I can confirm to you that the matter will be handled through our Foreign Affairs ministry. The incident was embarrassing,” the official said. He said the Tanzanian government was aware of the planned trip, which was part of an assessment of the three ports of Lamu, Mombasa and Tanga to check the suitability of the ports for Ugandan petroleum” (Kajilwa & Ng’etich, 2016),

It is hard to know what this can lead to, at least the Tanzanian diplomatic sources saying it was embarrassing to them, and to get knowledge of the Port Police actions in the Port of Tanga. When the Tanzanian Government person inside their State House says so, then their suddenly was not maliciously intent towards the Kenyan officials and diplomatic team on their soil. Though it will put a strain to the matter, as the actions speaks louder than words and to what extent certain people goes towards the advisories.

The Kenyan are right to ask for a sincere apology and reasoning for the hold-up, the passport and travel documents from the CS Keter and his team, while letting Ugandan Energy Minister Muloni walk around like proud-cock at the Port of Tanga.

This here is proof of the matter and how the governments are handling the matter and approaching each other. The Tanzanian Government should issue an sincere apology and the Kenyan should comply in a peaceful manner, as that is what they have asked for. Since this a big deal for both countries, as I have described again, and would be a long-term economic development project that would benefit more sectors than just the oil. Therefore we can see the growing rift for getting through their country and down to their port. I hope that Tanzanian government have sense and the same from the CS Keter as he was the victim, and have already gotten leverage, but that does not mean it gives a free-pass to the minister of Kenya. This will be something that will continue, into the final agreement between Uganda and the picked destination and the contracts between the Oil-Companies who will be drilling the oil in Lake Albert and the Albertine Region. Peace.

Reference:

Burrows, Olive – ‘Kenya: Govt Protests to Tanzania Over Keter Passport Fiasco’ (24.03.2016) link: http://allafrica.com/stories/201603250043.html

Kajilwa, Graham & Ng’etich, Jacob – ‘Kenya protests to Tanzania over confiscation of Charles Keter’s passport’ (25.03.2016) link:http://www.standardmedia.co.ke/article/2000196026/kenya-protests-mistreatment-by-tanzania

Mutambo, Aggrey – ‘State explains why Tanzania was excluded from oil pipeline talks’ (25.03.2016) link: http://www.nation.co.ke/news/State-explains-why-Tanzania-was-excluded-from-oil-pipeline-talks/-/1056/3132806/-/52cqfg/-/index.html

The Battle for the Oil to the Coast; today the Tanzanian Gov. detains Kenyan Officials at the Port of Tanga

Oil-pipeline

This is like out of a spy-novel. A novel that clearly is full of twists and turns as agreements and officials move back-and-fourth. Here is the first statement on the matter that has moved further from talks between the Kenyan and Ugandan Officials. Here it is:

“Tanzania authorities confiscated the passports of top Kenyan officials, including Energy CS Charles Keter, and denied them access to the port of Tanga but allowed a Ugandan delegation to proceed with the tour unmolested. The trip was part of their mission to unlock a deadlock between Kenya and Uganda over whether a proposed oil pipeline to export Uganda’s oil would pass through Kenya or Tanzania” (The Kericho Renaissance Network, 2016).

As one wrote:

“The Kenyan team had travelled to Tanga together with a Ugandan delegation involved in the crude oil pipeline discussions. The Ugandans were received very well while the Kenyan team was mistreated by the Tanzanian authorities” (Pauline Njorge, 2016).

This here is certainly a reaction to the proposed deal that was supposed to already be set between the Ugandan and Tanzanian during the 2015. Here is all of sudden reactions from the Tanzanian over the sudden change of guards and that the Ugandan Government does not fully turn to them. As the Agreement of last October was to be done and soon resume building in between the nations.

hoima-e28093-lokichar-e28093-lamu-route

This here is certainly a blow on diplomatic matters and the distrust between Kenyan and Tanzanian diplomats, also the way “foreign” nationals seen as trespassing and henceforth detained, even prematurely and without “charge” is an insult between the Tanzanian Government and Police towards the Kenyan counterparts. It would been an insult if the Kenyan National Police was to detain a Tanzanian minister or official crossing over to Mombasa or any other port to look at the different scenario. Instead of honoring the fellow brother from another country in peaceful times; as the Kenyan and Tanzanian government does not have grudges or ill-feeling towards each other!

If this is the start of diplomatic struggles between Tanzania and Kenya, that might be true as this is visible attack on movement of foreign diplomatic officials and high-government officials, something the Police of Tanga Port have had to know since they released them quickly.  

 

Keter Citizen TV

But the economic implications of a crude-oil pipeline is big for any country, first the economic benefit of jobs as it was estimated in Tanzania to employ 100k during the year to build the pipeline, also the rates for transporting the oil to the sea will bring steady revenue, something Tanzania is not wanting to miss out, neither does Kenya who wants the same, and both Kenya and Tanzania wants to be the economic and the powerhouse of East Africa. The deal of the crude-oil pipeline can generate lots of income and be a gentle push for more steady revenue, as tourism and exports are not crystal clear and always giving steady cash to the countries, as the coffee and tea prices are going up-and-down.

The matters remain and is in the hand of the Ugandans, as they are trying to find the suitors who fit their price and timelines, so they can benefit the most and will use all the tools and diplomatic leverage to gain the best contract and facilitation and neither Tanzania or Kenya want to be the one left behind. Peace.

Press Release: Kenyan Police Warns of attack from the Al-Shabab on Kenyan soil (21.03.2016)

KNPS 23.03.2016

Press Release: Uchumi Supermarkets Limited Closes Branches in Rationalisation Process in Kenya (21.03.2016)

Uchumi 21.03.2016

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

daily-nation-east-african-newspapers

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!

Denis Galava

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
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 – 5th 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 – 6th 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 – 14th 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 18th 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”.

TV Kenyatta Odinga

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 20th 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”.

kenya-press_2721233b

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.

Kenya – Appoinment of National Government Spokesperson (Supposed: 16.03.2016)

Appointment of Nat. Gov. Spokesmen Kenya

KDF Operational Update – Afmadhow (16.03.2016)

MoD 16.03.2016

My letter to the Minister of Interior Affairs of Kenya Hon. Joseph Nkaissery on revoking firearm license of Govenor Joho

Nkaissey 2016

Dear Sir Honorable Joseph Nkaissery!

You honorable Interior Cabinet Secretary Nkaissery, I am writing you again. It is hard since you’re a man of your English. We both know the English language and respect it. But I am not writing a letter in the sense of the spoken word, but this is I will write to you about is more about what has happen in recent days.

As we all know there been smaller by-elections happening in Kenya, the country where you happen to be a big-man, with only two leaders above you, Honourable William Ruto and His Excellency President Uhuru Kenyatta.

It is in this context that you are ruling together with them and have powers through the parliament that is given by the appointment from His Excellency who has faith in your judgement, if not he would not have given you this chair and represent the government as you do.

Hon. Nkaissery, I want to write this to you in plain English, do you have an issue with Coalition of Democratic and Reform (CORD) and the Orange Democratic Movement (ODM)?  Or am I wrong? I hope I am wrong as you can make decisions that can either hurt or secure these men, just as the same decisions can do the same to your party-men in the Jubilee Alliance Party (JAP).

Why I am writing this letter to you in plain English is because the sense of double standard is evident during the last few days, when Governor of Mombasa Hon. Hassan Ali Joho (CORD) lost certain members of his security outfit, while also getting orders of delivering his gun to the authorities, while other leaders keep their VIP security guards while the opposition loses them.

There is a reason why wonder about that, because you wrote this on the 12th March 2016: “In the case of Governor Joho, he should understand the rule of law must be respected and when he is asked to surrender his firearms, it is his duty bound upon him to do so. It is important that the Honourable Governor of Mombasa to note that the office he holds comes with the honor and dignity and the anger and demeanor that he portrays in public while feels provoked in whatever circumstances takes away that dignity”.

I don’t know if you have read what the Governor wrote to you and the authorities after you address him publicly.

He wrote a letter to answer your appeal on the 14th March 2016:

“As you are well aware of Mr. Samuel C. Kimaru, the Chief Licensing Officer on the 10th March, 2016, purported to revoke the Firearm Certificate Number 4773 by the above referred client Mr. Hon. Gov. Hassan Ali Joho” (…)”That Mr. Kimaru, did not satisfy himself that a reasonable and legal-basis for revoking the firearm exists in law and in fact” (…)”That Mr. Kimaru acted ultra vires and acted in gross breach of constitution” (Ahmednasir, Abdikadir & Company, AAC/GEN/2016, 14.03.2016).

Hassan Ali Joho 15.03.2016

Hon. Nkaissery that you today in the day ordered and gave the Governor two hours to deliver the arms, while you have already punished the opposition by taking their security guards, prove the bias is going to close courts of the president. That is how I understand you’re English. Justice Odunga on the case: “Only the firearm licensing board has powers to revoke a firearm certificate on lawful grounds. Kimaru acted ultravires (beyond his legal power or authority).” Justice Odunga once said on Security Act, “The court will not nurture the tumour of impunity and lawlessness. This tumour of impunity is like an octopus…”

So you are a man of Codes Cabinet Secretary of Interior Nkaissery, you should for once ask for forgiveness for your rash reactions, as you never acted in good faith towards the journalist covering the corruption in your ministry. This time it is a fellow brother who serves his district and constituency, maybe not for your party or up in high halls with the perfect etiquette and English as you commands, as your people in the cabinet speaks, but even filthy tasteless language and not moral codes can be a little dually. You claim that Governor Joho speaks in inferior language and therefore are not allowed to carry arms.

You Hon. Nkaissery also wanted the guns of MP Ferdinand Waititu. Your actions seem to be happening after a by-election that didn’t go the way of the JAP. Seems to be political motivated. By my reckoning hon. Nkaissery you have a bigger fish to fry then the guns and arms that the opposition leaders are keeping while serving as government officials.

Hassan Ali Joho 15.03.2016 P2

Mr. Nkaissery in plain English: “Cabinet Secretary Major-General (Rtd) Joseph Nkaissery’s Interior and Coordination of National Government Ministry is perceived to be the most corrupt, a survey by the Ethics and Anti-Corruption Commission (EACC) shows” (Daily Nation, 15.03.2016).

So when you’re hard work right after by-elections it seems a little devious. While your ministry because of the perceived levels of corruptions, questions your authority, your leaders, your civil servants, government officials and the system that you’re in plain English controls with your authority.

So when you have that in your hands together with the predicament of losing to courts of taking away the guns from Governor Joho of Mombasa, while MP Waititu discredits your orders in the public. As they both knows the laws and now your powers, even if you can use the same as Office of Inspector General as you; you used the same had against the opposition. That still does not make your argument and orders correct, even if you serve as the government and you are part the top third men of power in Kenya, just under Hon. Ruto and H.E. Kenyatta; so you have a massive amount of responsibility and therefore should show respect for your position and title.

I would respect you even more if you talked in a manner of respect to your fellow citizens and not lecturing them on simple manners, while taking the laws into your own hands and act reckless against those who write about you or oppose you. As you now do what you can to take away security and security of governors, while Governor Kidero of Nairobi who happens to be your part of your party have 12, while Governor Joho has lost part of his security outfit. That prove a double standard, not only with the arms and guns, but the whole shindig has left a sour taste in the mouth of many. As you are serving the interior ministry, internal issues and internal security honourable Nkaissery, that means that you serve both the oppositions security and JAP security, so they all should be made sure to be safe and not only the men who are parts of your loyal subjects and yes-men in your hollow chambers. That is the picture that comes as you together with the Inspectorate General are even bending laws, so fellow country-men pre-judged by your judgement has to go courtside to reside and get justice. Because they not part of your powerful trio or the men who you trust automatically, and you should worry a bit hon. Nkaissery, as your ministry is not trusted when it comes to corruption.

Nation 15.03.2016

Corruption Mr. Nkaissery is not only money between a police officer and his advisory that want to pass a check-point. The corruption is not only the once that scribes letter like this or writes in Daily Nation in 2015. The Corruption is the acts and ability to use the power of the ministry to personal gain, as you have used to threaten a fellow Governor Joho and MP Waititu, why haven’t you done the same to Gov. Kidero? Is Kidero okay because he has issues with the Tribunal so he does not more on his plate?

Honourable Nkaissery why I write to you is because of the perception people has of you and your ministry, the actions you put forward to people and the way you uses laws and language to gauge people around. You could be more powerful if you actually worked together with people and listened to people, as they believe your ministry is the most corrupt one, and when you get Justice Odunga saying your argument wrong and unlawful. The sad thing is that you are the one running the Police and the Courts, the man who set the standard for law-enforcement and apparently you prematurely went after fellow brothers in your country, who are citizens just like you, even if they can’t call that easily Hon. Ruto or H.E. Kenyatta.

So please Hon. Nkaissery, could you calm down and not just address opposition and threaten them next time? Could you honourable Nkaissery maybe get more advice and think strategy as you’re a man of language and law, you should set the precedence of not taking laws to seriously as you did before 2016 with the journalists following parliamentary actions, now you have gone after government elected leaders in the opposition like the Government of Mombasa and the Member of Parliament representing Kabete. An I wonder why you haven’t asked for the weapons of other who holds those roles and representatives, why you have chopped most security guards from men of opposition and not government or ruling-party. That you also tell how people are supposed to speak while you have gone out many times in a demeaning tone and fashion. As I don’t understand English as you, you have to forgive me. But let the people know all the ways people can speak in justified ways and how they can follow your laws, without going to court prematurely as the Governor Joho did today, because Mr. Mwangi of Nairobi might not have the connections you have Hon. Nkaissery or the once Gov. Joho had in court today. Maybe you could write a statement clarifies the different attitude and the rights as you have and your party-men towards the rest of us. Peace.