My letter to the Minister of Interior Affairs of Kenya Hon. Joseph Nkaissery on the planned closing of Daadab Refugee Camp

Nkaissey 2016

Dear Sir Honorable Joseph Nkaissery!

I write to you again, I know it’s been a month or so, but the actions have to be questioned and the liability of the actions you do Honourable Minister or Cabinet Secretary of the Ministry of Interior Affairs and Coordination of National Government. You have an ability of making decisions that area allowed to be questioned.

I am not writing to you because I am not defending terrorism, because I am not, the Garissa University attack, the Lamu Attack and Westgate attack in Nairobi was sad and unfortunate as innocent Kenyans died while Islamist, went in and killed without impunity; that has to be answered and those actions should not control the agenda of the country, but give way to the liberties and freedoms that the citizens are rights to have. While the Government finds ways of charging and hunting down the men who are behind these hideous crimes.

Dadaab Refugee Camp

But, the use of Terrorism to close down Daadab Refugee Camp seems a bit premature.

As this was even stated by academics on the matter in 2014:

“The speaker said that the Dadaab Camp is not an engine for radicalization; rather, it is an engine of moderation. Poverty and displacement do not automatically lead to radicalization. There is a growing need for more anthropological research on the topic. An entire generation has grown up in peace; it is not scarred by war” (…)”More political and economic analysis is needed on this issue. The Kenyans claim to be in charge but al Shabaab remains everywhere. The Kenyans do not have the level of control that they claim. A lot of the radicalism that is currently being seen in Mombasa is very local. Al-Shabaab is also present in Nairobi. Many al-Shabaab suspects are Kenyan nationals. Terrorism is a wider, urban East African problem” (Rawlence, 2014).

So if the man behind Open Society have claims two years ago that can counter your arguments now for closing, can you bring evidence can show that Rawlence is totally wrong, please honourable Sir?

Hon. Joseph Nkaissery I hate to do this as this is your set of laws and the ones that set the guidelines for your government until you get the National Assembly or Parliament to change it with a general vote.

Kenya Parliament

So for now the law of Kenyan Refugee Act of 2006 says this:

“18. No Person shall be refused entry into Kenya, expelled, extradited from Kenya or returned to any other country or to subject any similar measure if, as result of such refusal, expulsion, return or other measure, such person is compelled to return or remain in the country where –

  • The person may be subject to prosecution on account of race, religion, nationality, membership of a particular social group or public opinion;
  • The person’s life, physical integrity or liberty would be threatened on account of external aggression, occupation, foreign domination or events seriously disturbing public order in part of whole of that country”.

The law is clear and doesn’t seem that it is too important for you, if these laws is still applied then the closure still gives them rights as Refugees or as legal persons in the territory where you are the Cabinet Ministry Nkaissery. I know that shouldn’t be too much to ask that the Kenyan Government are following the laws of the land? Of does this not apply to the refugees and the ones that have left Somalia, Ethiopia or South Sudan because of oppression and aggression there?

In 2015 John Kerry and the United States pledged $40m directly to the Refugee Camps, so they must have had a say in the planned closure you had of the camps last year, with the new idea of trying to do it again.

John Kerry ABC

Here is his latest statement to you Hon. Nkaissery:

“We strongly urge the Government of Kenya to maintain its longstanding leadership role in protecting and sheltering victims of violence and trauma, consistent with its international obligations. We call on Kenya to uphold these international obligations and not forcibly repatriate refugees” (…)”We call on Kenya to continue its support for refugees and voluntary return efforts, and to continue to work with UNHCR and partner nations to find durable solutions that respect humanitarian standards and uphold international law. We also urge the Government of Kenya to honor its responsibilities, including the 2013 Tripartite Agreement on the voluntary repatriation of Somali refugees living in Kenya” (…)”We remain committed to working with Kenya to support voluntary returns that are safe, dignified and consistent with international law, as well as helping Kenya to address security concerns presented by al-Shabaab and other extremist groups” (Kerry, 2016).

So Honourable Minister CS. John Nkaissery, you have lots of responsibility and have to swallow lots of crap in your days in office, while Deputy President William Ruto and President Uhuru Kenyatta got to do the fun stuff and sign decrees and words into laws. You have to clean up behind the scenes and act upon the ideas these two men have. So I am sure the stress is coming to you and therefore is so seldom that the pundits and public see you charming smile.

John Nkaissery

We are not at the point that the Terrorism claim, I don’t feel you can validate that as a reason for the closure of the camp, unless you have evidence you send to me Hon. Nkaissery. I am an advisory, but until I am proven wrong, I will not change my mind. As you are playing your cards this way, is to try filtering the world away from assassination plot that we’re on Jacob Juma or is the something else you want the world to forget? The Pre-Election violence twice in Nairobi under Nairobi Metropolitan Police Commander Japhet Koome towards the Cord Demonstrations, is this right or am I wrong hon. Nkaissery?

But to get back to reality and not the conspiracies that might run as the Kenyan Government said they would close the Refugee Camps last year in 2015. When as I said United States Government pledged more money to run them and filter it through the United Nations programs.

Seems more like this is a way of scaring the international groups, multinational organizations and all to give direct funds to Kenyan Government instead of taking it direct to the Refugee Camp. If not I hope you get a Task Force that really looks into your allegations and also delivers the findings so they can be looked through and are more believable than the financials from Donald Trump.

There are questions that remains Hon. Nkaissery because the issues and the rights, even the laws that are still viable and official guidelines for the refugees and citizens in Kenya, make a brother like me question the rhetoric you have used and arguments. So please take care of the action you do. This here will be greater stain on the Jubilee Alliance Party (JAP), and you don’t want that as a Cabinet Secretary that creates tensions with the allies abroad that both gives your army funding and equipment together with direct budget aid. That would not be wise… Though I understand Hon. Nkaissery that you care about the refugees and their safety even if you close them; because for many of them have been living there for a long time and they could be by many means Kenyan citizens with Somali ethnicity for instance.

Kibera Golf

Would you clear the Kibera slum and the areas around as the Rawlence claimed that the terrorist and extremist was more likely in Urban areas, and Kibera is Urban and also uncontrolled in some ways. So why are you not focused on the development of Kibera that you have Dr. Evan Kidero, the loyal Governor can access the situation for you and find ways to monitor the extremist that might be trained there? Because, if a so-called expert Rawlence can be some people who becomes violent in urban areas, and that is not politely the Dadaab Refugee Camp. So it must be more political than actual be the reason for the closing as they either want to show character or independence over the Multi-National Organization and the International donors, as a sovereign state.

Hon. Nkaissery, we both know that Kenya is a Sovereign State and because of that have freedoms to do what they want on their territory, but they have international obligation. You and I know that Kenya has internal laws and also have to keep their international laws considering the rights of refugees. Still, you can act this way, but will you consider the implications and the ramifications of this. Even if the European states are considering and signing agreements to ship the Syrian Refugees from Greece, to Turkey; that does not send direct flight back to Palmyra, Syria, as much as you don’t want to be remembered for sending back Somali Refugees from Dadaaab Refugee Camp to hostels in Mogadishu, Somalia. Or will you?

Mogadishu 9th May

I am just worried for these innocent fleeing human beings who has fled their homeland for safety in Kenya, as much as I am worried for the Syrian who are fleeing to Greece and being transported to Turkey. I condemn that and would condemn if the Kenyan transport these men and woman to Mogadishu in the midst of fighting and continuation of AMISOM mission in Somalia.

I know I am nobody, but I had to address it and ask you why you want to, as I also question quickly the biggest argument for closing. As I don’t believe until there are serious report and evidence of the terrorism threat from Dadaab Refugee Camp, and why you don’t check more Kibera slums of Nairobi, but that would hurt your pride, right? Wouldn’t it Hon. Nkaissery, or am I wrong?

Peace. 

Best Regard

Write of Minbane.

Reference:

Rawlence, Ben – ‘Somali Refugees in Kenya: The Case of the Dadaab Camp’ (08.05.2014) link: https://www.chathamhouse.org/sites/files/chathamhouse/field/field_document/2014Somali%20Refugees%20in%20Kenya.pdf

Kerry, John – ‘On Kenya’s Announcement to End Hosting of Refugees’ (11.05.2016) link: http://www.state.gov/secretary/remarks/2016/05/257113.htm

Cord Statement: On Free and Fair Elections (26.04.2016)

Okoa Odinga 2016

Free, fair and regular elections are the enduring foundations of every democratic state, not just as episodic events, but as an integral part and societal infrastructure of civilized nations. Africa is now replete with nation states that hold regular elections but many are yet to achieve the distinction of being democratic states where human rights, the rule of law and good governance are respected. Where liberty reigns not in doses but as a way of life.

Everything must be done in every nation, including Kenya, to ensure that citizens have the freedom to exercise their political rights based on universal suffrage and in an election that makes every citizen and every vote count.

The jury is not out anymore. It is now an uncontroverted fact that Jubilee did not win the presidential elections in 2013 but were declared victorious through a conspiracy hatched by IEBC, elements in the Supreme Court and the security agencies. The misuse and abuse of technologies, the illegal recognition of a multiplicity registers of voters and the bias of the IEBC (sanctioned by the Supreme Court) was the path followed to handover power to the current administration. The police and NIS played the role of a rogue cop and a robot soldier controlled by the security barons and operatives in the office of the President and the military.

IEBC is now irredeemably tainted with scandals (chickengate and all). The Supreme Court is collapsing under the weight of corruption allegations. And the police with its infamy of lack of independence has no place in the present constitutional arrangement. CORD therefore declares that there is no proper electoral infrastructure for holding a free and fair elections in 2017.

The referendum and OKOA Kenya Bill proposed amendments to the Constitution to address the legal and institutional reforms that would be necessary to resolve controversy in the electoral law, the independence and impartiality of the police, the judiciary and IEBC. Those who are howling at us for not using legal and constitutional means to remove the IEBC forget that CORD was using the mechanism provided by Article 257 of the Constitution of Kenya.

By a stroke of the pen IEBC frustrated a valid constitutional process by falsely claiming that CORD did not attain the threshold of one million signatures of registered voters. We know that Jubilee has been living in mortal fear of a referendum. The administration has used the threat of prosecution of the Chairman of IEBC and his colleagues to secure decisions to be made in their favour by IEBC.

In Iceland a Prime Minister has resigned recently from office not through a vote of no confidence but by hearing the voice of the people when his name appeared in the Panama Papers. Public outrage was enough to trigger his removal from office. And Jubilee cannot lecture us on legality and validity of process. Mumo Matemu and other Commissioners of EACC were simply hounded out of office through intimidation, harassment and arm-twisting.

The whole of last year we urged the Government to embrace  dialogue as an appropriate and peaceful way of dealing with all issues of national concern that included insecurity; more revenue to counties; questions around ethnicity and nepotism; land; and elections. All was turned down with arrogance and chest thumping.

Yesterday a lawful attempt by CORD to have a peaceful engagement with IEBC on the basis of Articles 37 and 38 of the Constitution was violently brought down through police brutality. Many of our people were hurt. Jubilee has brought back the imperial presidency and state terror as a means of control and running an autocratic administration. We are not impressed. We condemn the state for going back to the dark days of one party state, social injustice and political oppression. We shall not allow it.

All sovereign power belongs to the people of Kenya. We, the People, are sovereign. If the state makes an attempt to establish or run the government otherwise than in compliance with the Constitution, we, the people, shall resist. If the administration chooses not to listen to us and run government by unconstitutional means, we, the people, shall exercise our sovereign power directly in accordance with the Constitution of Kenya.

On Tuesday 2nd May 2016 at 10.00 am we call upon all Kenyans to assemble at the Anniversary Towers for a date with IEBC. Subsequntly, we shall assemble at the Anniversary Towers every Monday.

The meeting will be replicated in all major towns and centres in the country to tell the IEBC, time is up, time to go. All meetings outside Nairobi will be held at the IEBC offices with emphasis on Nairobi, Mombasa, Garissa, Machakos, Nakuru, Eldoret, Kakamega, Kisii, Busia, Bungoma, Narok, Lodwar, Meru, Isiolo, Nyeri and Kitale. Kenya cannot and will not conduct any other general election under the IEBC as presently constituted.

DATED at NAIROBI

Tuesday, 26th April 2016

Standard Group Ltd Journalist David Odongo arrested in Nairobi

Odongo Puff Piece

Well, there been rumored that orders from up-high that Standard Group Limited David Odongo got arrested and detained at Nyayo Embaksi Police Station in Nairobi over a story published in the Nairobian. He is now detained, but the orders from above is not yet approved or claimed by anybody, but if; I see it like this: The IGP Joseph Boinett must have gotten the ‘orders’ and used the local police chief to detain him; Sure that is the Nairobi Police Commander Japhet Koome have to follow the orders of Boinett, as Boinett followed orders from above.

Nkaissey 2016

My theory as the reason is that Interior Cabinet Secretary Hon. Joseph Nkaissery, who we’re in charge of detaining John Ngirachu of the Daily Nation, James Mbaka of the Daily Star and Alphonce Skiundu of the Standard Group Limited. That he got detained and questioned for writing about questionable use of government funds in December 2015. Certainly I believe he was in-charge and he is the one from ABOVE. I would not be surprised or shocked. But he has already a track-record for this kind of rash actions; so why not now?

Not that it is shocking that the David Ondongo the writer and Journalist who wrote this piece recently in the Nairobian: “Meet Kimani Rugendo, the billionaire businessman” that got published on the 9th April 2016. That was a puff piece on a business-man who has made business with bottle-water, drinks and some army contracts. So if that is worrying for the nation of Kenya, then what is?

Odongo Standard Group Ltd

He wrote this on his own facebook yesterday where he was critical about the Kenyan Government Spokesperson writing a Statement that was criticizing PBS for their “Kenya Corruption Documentary Series”. Where he was writing: “Eric Kiraithe, being a spokesman doesn’t mean you have to speak even when you have nothing to say. Are you mad? Do you live in Kenya? Get off your ivory tower and come back to reality. If I posted your number here so that Kenyans can call you every time a cop demands a bribe from them, you will run mad. Your phone won’t stop ringing. Do you know how much Kenyans are suffering? So now, Mr Kiraithe you want to blame the civil society for the mess, you and your fellow cops put us into? Stop taking Kenyans for fools. You must have worked hard to be in the position you are right now, stop cheapening yourself by making statements, that you, deep in your heart know isn’t true. Can you look at your children, straight in their eyes, and tell them the video by PBS is fiction? I also don’t like my country being portrayed negatively by foreign media, but the truth can’t be hidden. You have some good officers in the force, but majority are rotten to the core. ‪#‎EndOfRant” (Odongo, 14.04.2016).

So do I believe that he was detained for a puff piece in the Nairobian on the 8th of April? No not really, because his own will and his own words on Social Media as a writer and journalist will be recognized just as the words of Charles Onyango-Obbo (COO) quotes on Twitter will create views and questions on Policy. The same reach does not David Ondongo have, but he still have his space and his followers. So I believe that, that statement on Social Media is more worthy of creating some fuzz, then the piece on the business-man who trades bottled water and also investing in Sterling Craft Kenya Limited that they are starting to make ‘Water Tanks’ not tanks for the Kenya Defense Force (KDF). So the puff-piece must be used for deflection for the statement on the Facebook yesterday. As the Government got the whiff of his ideas and attack on the Kenyan government, that should be the case; not the puff-piece. Peace.

H.E. Uhuru Kenyatta Statement on ICC verdict on the Ruto and Sang Case (05.04.2016).

Kenyatta Ruto

Earlier today, Trial Chamber V (a) of the International Criminal Court acquitted my Deputy President, Honourable William Ruto, and Mr. Joshua Arap Sang. I welcome the aforementioned decision, which reaffirms my strong conviction from the beginning about the innocence of my Deputy President. From the start of this case, I have believed that this case was ill-conceived and never grounded on the proper examination of our experience of 2007/2008 as a nation.

Over the last six years, My Deputy President, together with a number of other Kenyans, including myself, have endured a painful journey with the ICC. As individuals and as a country, we have cooperated fully with the court, and my Deputy has, at the same time, also borne the heavy responsibilities of leadership, while attending the hearing at the Hague. Today, he has been vindicated.

This decision brings to a close what has been a nightmare for my nation. With the conclusion of this case at the ICC, our country is fully back on focus to enhance our efforts towards nation building, promotion peace and security. For my Deputy and I, this focuses us fully on the affairs of running the State, a mandate given to us by the people of Kenya.

As we welcome this decision, Kenya together with like-minded nations, will remain seized of the efforts geared towards the pursuit of justice and equitable participation in the international justice system. As a nation, we recognize our duty to, and respect for, international law and institutions. We will therefore continue to pursue ways to improve the delivery of international justice, uphold the rule of law and promote a just and fair global order.

To my Fellow Compatriots,
Each and every Kenyan was touched by the tragedy that befell our nation in 2007-2008. Each and every victim of this unfortunate happening matters. Not one of them has been forgotten. Their suffering demanded of us as leadership to seek reconciliation. My Deputy and I campaigned and were elected on a platform to unite and reconcile our motherland. When you entrusted the leadership of the country to our administration, you made us responsible for the healing and reconciliation of our people.

Kenya has come a long way since the dark days of 2008. We have made peace. We have given ourselves a new constitution and a new political order. We have resettled and compensated many victims, and continue to respond to the outcomes of that unfortunate period of our history.

I invite each and every Kenya to double our efforts in building our nation.
When the ICC case against me was dropped, I told Kenyans that I could not celebrate until all the cases had been terminated.

So, today, I call upon all Kenyans of goodwill to join us at the Afraha Stadium, Nakuru, on Saturday 16th April 2016, for a thanksgiving service. This will be an opportunity for prayers for healing, reconciliation and unity of Kenya as we push on the path of inclusive prosperity for all.

Thank you. God bless Kenya.

Ministry of Mining – Press Statement on Cabinet Approval of Kenya’s First Mining and Mineral Policy (04.04.2016)

Kenya Mining Policy P1Kenya Mining Policy P2

Statement on by H.E. Uhuru Kenyatta on the Tribunal to Investigate the Conduct of Justice Phillip Tunoi (24.02.2016)

Kenya Tunoi 05022016

After further consultation and review of the relevant provisions of the Constitution, and given the strict timelines for the setting up of a Tribunal for the investigation of a Judge, I have today suspended Justice Philip K. Tunoi, as a judge of the Supreme Court, with immediate effect, and appointed a Tribunal to investigate his conduct.
I have made this decision, despite my concerns regarding the pending matters before the Court of Appeal, as to the correct age of retirement for Judges who served under the previous constitutional dispensation. I believe that my concerns may now be addressed by the Tribunal itself, which may independently consider the merit, if any, of such concerns, should it be raised before it.

I reiterate my commitment and fidelity to the Constitution of Kenya, and confirm that I will continue to uphold and defend it, as I have from the first day I took oath of office as President. Nothing less should ever be expected from me and the office I hold in trust of Kenyans.

I hereby appoint the following to be the members of the said Tribunal:

  1. Justice Sharad Rao – Chairman
  2. Roselyne Korir
  3. Justice (retired)Jonathan Bowen Havelock
  4. Judith Abrahams Guserwa
  5. James Kaberere Gacoka
  6. Abdirashid Abdullahi Hussein
  7. George Munji Wakukha

 

23rd February, 2016

Kenya CIC Statement on the Extension of the CIC Term after 30th December 2015

CIC Kenya

Statement by his Excellency Hon. Uhuru Kenyatta C.G.H. President and Commander in Cheif of the Defence Force of the Republic of Kenya on the Terrorist Attack at Garissa University College, Garissa County on 2nd April 2015

UhuruTer