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Archive for the tag “Lead Counsel for H.E. William Ruto”

Kenya: IEBC – “The Commission wishes to notify the public that one of its ICT Managers was last seen on Friday night. Efforts being made to trace him” (30.07.2017)

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Kenya: Thirdway Alliance – “Press Release on the Presidential Ballot Papers Due Dilligence Update at Al Ghurair Printing and Publishing LLC in Dubai, UAE” (28.07.2017)

Kenya: IEBC – Code of Conduct Summons on Marsabit Violence (27.07.2017)

I wonder if President Kenyatta feel he is entitled and that it is beneath him to have a debate with Odinga?

You can wonder and get amazed, he did the same trick President Museveni did in the General Election 2016, and he did not show up at the live TV debate between the Presidential Candidates. Just like in Uganda, his arch nemesis showed up and that was the NASA candidate Raila Odinga. Not that all the other candidates showed up either, but it was only one-half of the main candidates. That the incumbent President Uhuru Kenyatta of the Jubilee could not show is amazing. Especially, since there were reports that he ditched the planned rallies on the same day.

At this point, it does not matter what Odinga said yesterday at the Debate, he at least showed up on Primetime TV spot and showed himself for the republic and the incumbent could not care less about the arranged debate. What is so dangerous about it Kenyatta? Is it terrible to ask questions about your achievement in office?

It seems so, since you could not spare the time or the effort to show up to the debate. Only one that was on live TV and on most of the channels. I would have loved to discuss the difference in style and in chose of words to the different questions between Odinga and Kenyatta. However, I cannot do that, since it was one party there and the other left behind.

So at this point, it is mere enough for the support and the courage of Odinga, just to be there and take the questions from journalists and the audience, something the President was to big to do or something like that.

His State House Spokesperson Manoah Esipisu wrote this today: “Today, His Excellency President Uhuru Kenyatta will commence an intense 12-day tour of Kenya, to meet fellow citizens from all walks of life, in all regions of the country. His last campaign events will be in the capital Nairobi on August 6 – 48 hours before the August 8 elections. This will be the second round of an all counties campaign where the President will take his message to Kenyans. Only this Sunday he completed a 14-counties blitz covered in seven days in which he put his call for unity and peace at the heart of his campaign agenda. These meet-the-people visits will see the President traverse 30 counties, making stops at more than 200 campaign stops. His Excellency the Deputy President, the Honourable William Ruto, will be visiting dozens of counties as well, making another 200 campaign stops. The President is going directly to the people to demonstrate what the August election is about – himself as someone who is fighting to deliver benefits, success and prosperity to the people versus an opposition challenger who is only after power for himself” (President.co.ke – ‘Spokesperson’s statement’ 25.07.2017).

It is okay, that the President campaigns and travels to every corner of Kenya, that he visit every single county and even every major town of the Republic. Nevertheless, why do he not have the time for a scheduled TV-Debate? Is that too much to ask and anticipate of the President? That the people all through the nation can watch and discuss the differences between him and Odinga?

Let me end on a side-note, but still a viable one. Does President Kenyatta, feel entitled to be the President and therefore a debate about his position and character is beneath him? That is how it can seem like, to not only me, but also many others.

Therefore, we are at this junction and so near the end of the campaigns and race for 8th August polls, there have been significant difference between the NASA and Jubilee from the get-go. In addition, with the time, it is more evident, than ever before. This race will be tight and prognoses seems to be for NASA in many aspects, but hard to grasp yet. There are enough days to see the wind of change. Nevertheless, this is something that is hard to anticipate.

What we can ask ourselves after yesterday’s acts of the President Kenyatta, does he feel entitled to rule and be Executive, or is it just mere arrogance towards Odinga. Peace.

Kenya: NASA Condems Plans for Military Involvement in Election (23.07.2017)

Jubilee government are afraid for the Post-Election since they prepare for massive demonstrations!

There is something rare about election and preparations to them. The decisions made in the days, months before really sends signals to what is important, and what is needed for the safety of the Republic. Now, it’s revealed, that it was not just whistling out of his mouth, the Inspector General of Police (IGP) Joseph Boinnet, did yesterday. He and his organization, the security operations of the Police has purchased and prepared itself for massive demonstrations. As if they are prepared for an uprising, since the results might differ to the actual voting. Which in some regions should be in favor of NASA instead of Jubilee. However, alas, that is why the IGP have been busy with the Minister of Interior to get new merchandise and make ready for mayhem. The Police who are there to serve and protect, do not trust the citizen they are working for! Therefore, they have ordered dozens of new Armored Vehicles from South Korea, tons of tear-gas and other equipment to make sure the citizens stay behind closed doors and behave. Just look!

At least a dozen new South Korean made riot control vehicles arrived in Nairobi at the weekend, increasing to more than 30, the number of water canons for police use to quell chaos. The fleet of new armoured vehicles with advanced features is in addition to a new consignment of anti-riot gear including teargas canisters, batons, anti-riot wear and guns that have come through the port of Mombasa. Security sources explained the new anti-riot gear has been distributed to various parts of the country in the past month alone as authorities prepare to secure elections and deal with violence should it break out” (Ombati, 2017).

“The vehicle, according to the manufacturer’s website, has capacity to mix the chemical from the cabin while water gun shooting. It has a nozzle of shooting distance of minimum of 25 metres and maximum 70 metres with an elevation of 90 degrees and rotation of 320 degrees. Each of the new trucks has two water cannons on top of the cabin. It also has a fully automated and centralised control system, a cabin protector and can carry seven crew at a time” (Ombati, 2017).

“Tonnes of tear gas canisters are also among resources that have been mobilised and sent to various places ahead of the polls” (Ombati, 2017).

It seems like the Jubilee government are afraid, they are nervous of the aftermath of the election. They seem to be on edge and wondering how it will go, since they have to threaten, spread fear and buy all of this expensive equipment to silence possible demonstrators. They do not trust the public and their will, when they are super prepared for violence, even when there is no reason to be alarmed. It is supposed to be peaceful elections, right?

It is right that the opposition has hold dozens of demonstrations against the Electoral Body of the Republic and the amendments concerning legislation towards the election. Not that the Jubilee did give much way, only the needed steps to stop the leadership from making their supports continue to rally. Still, the attempt of distrust and disengage the public. Seems very obvious, since instead of being in dialogue with the local leadership at the possible hot-spots. They are coming with tear-gas and anti-riot gear. Not talking, but planning to suppress the distrust from the public towards the Central Government. That is what the planned effort looks like. Not like Jubilee took time to talk and engage, but rather bought expensive riot-gear from South Korea. Like that going to solve the possible problem, if it there and known about.

The only thing it will do, it will quell the demonstrations and possible aftermath of the election, but the wounds are still there. This is not patching up the hurt. Instead, it is spreading fire, with more fire and hope it stop it. It could work, but what cost? When the left behind is burned land and no seedlings of hope for the future.

Shouldn’t the government have worked for a better solution and also had more faith in their citizens than expecting violence and demonstration, that is if the government and electoral bodies we’re prepared for a free and fair election, and not a rigged one. Time will tell, time will only tell. Nevertheless, these signs of possible oppression from the National Police Service does not give me green light. More of the red light and concern of the outcome. Since the Police and the authorities already prepare to use massive force against civilians. Peace.

Reference:

Ombati, Cyrus – ‘More tear gas, guns arrive to deal with mass protests after August elections’ (17.07.2017) link: https://www.standardmedia.co.ke/article/2001247838/more-tear-gas-guns-arrive-to-deal-with-mass-protests-after-august-elections

IGP Boinnet and the CA spreads fear before the polls in Kenya!

Again, as before the authorities and ruling regime in Kenya are ready to spread fear in the two months ahead of the polls on 8th August 2017. Clearly, the Jubilee administration and their caretakers are afraid of the public will or their own justice. Since they have to go out from both the National Police Service and from the Communication Authority. Seemingly, this instead of talking with the people and engaging them in their communities. That they are both saying the citizens are the reason for causing violence and chaos, also their acts on social media. Surely, this shows how little tolerance it is for the ones outside the parameter of the government. Both Boinett and Daima doesn’t trust their own citizens, which they are supposed to represent. Just take a look!

The Police Warning the Public:

Inspector-General Joseph Boinnet on Monday said police would have to use “slightly more force than that used by violence perpetrators” if chaos breaks out.“If violence occurs, then we have to stop it and it means we will use slightly more force than that used by those causing violence,” he told a meeting on election preparedness at a Nairobi hotel” (Misiko & Moseti, 2017).

Social Media Warning:

CA has called on Kenyans not to misuse the internet and social media especially during this campaign period. While addressing the media after KEPSA- Mkenya Daima morning meeting, CA chair said CA would not shutdown the internet on 8/8 unless Kenyans pushed them to do so” (Nation.co.ke, 2017).

We can see that the state and the authorities doesn’t respect their citizens with this sort of acts. It is already proven, that the Kenyan government have bought more Anti-Riot Gear ahead of the polls for possible demonstrations against the post-election. It seems like the Jubilee government fears the public and the citizens. Since they have to go with stern warnings and intimidation, instead of trying to up-ease the public in the days ahead of the polls.

If they didn’t fear and didn’t distrust the public, they wouldn’t have released these statements and warnings. Instead of trying ease the public and saying we will be there for you. They say we come with stronger force and we might shut-down the internet. Seems, like the President Uhuru Kenyatta and Deputy President William Ruto have learned from the General Election in 2016. Where both things happen and the Police together with the army was all-out during the days of the election. Even the VPN s came up so people could use social-media and be online. So the Kenyans should download VPN now and be prepared in-case of the actions of the CA.

But we have seen how the police acted towards the Anti-IEBC demonstrations that the CORD coalition was involved in during the 2016. The police brutality was vicious and harsh. There was no mercy to the citizens fearing the problems and loopholes that the Electoral Body had. Also, after the famous Chickengate. Therefore, when it is so soon the polls of the General Elections in Kenya. This sort of words and warnings isn’t creating a better environment, but they are showing arrogance and fear for uprisings. They have no problem silencing the voices of the people. They are not trusting them and therefore sending warnings.

It is time for one thing, that the authorities engage the public and put some trust in them. Since the authorities are serving them and are there for them. They are not their for the President, but for all the people in the Republic. Peace.

Reference:

Misiko, Harry & Moseti, Brian – ‘Police issue chilling warning on poll chaos’ (17.07.2017) link: http://www.nation.co.ke/news/Joseph-Boinnet-issues-chilling-warning-to-violence-perpetrators/1056-4018244-14icqavz/index.html

Nation.co.ke – ‘Use social media responsibly or we will shut the internet down – Communications Authority of Kenya’ (17.07.2017) link: http://www.nation.co.ke/video/1951480-4018236-ai5hxh/index.html

Opinion: My 2 Cents on why the African Nations leave the ICC or want to!

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“A founding signatory of the Rome Statute, on ICC: Yes we should be out of the ICC. ICC is not serious. It is partisan. There are so many people who should have been tried if they were serious. The way to go is to have our own African Criminal Court. Trying to work with ICC was a mistake” – President Yoweri Kaguta Museveni [at the Second #UGDebate on the 13th February 2016]

As Washington is shocked by the recent events, that the International Criminal Court which is stationed in The Hague and the Netherlands; where they ironically are closing down prisons because of lacks of criminals. The International Community and the African Nations are triggering the Article 127 of the Rome Statute of 1997 to Withdraw from the honourable justice chambers of this so-called earth. There is certain reflections and vivid reasons for why this is happing. And I will try to sort it out, the Westerns and Europeans, even some Americans might be offend, but still carry it and take it for what it is.

“In June 2009, Comoros, Djibouti, and Senegal called on African States Parties to withdraw en mass from the Statute in protest against allegations that the ICC was targeting Africans. This declaration was specifically in reference to Sudanese Pres. Omar al-Bashir’s indictment” (Mbaku, Weber State University).

The ICC is not a pre-historic relic of the European Colonial past, still the actions of is of a seemingly imperialistic affair where the smaller newer nations and less resourceful have been targeted at much higher extent than the ones of more sophisticated countries who are not former colonialized. That is a fact and not NRM fiction. Just a certainty that the further hurt the African sovereign nations that they even has Executives under the microscope for their actions while Tony Blair and George W. Bush walks around like Kings on this earth. It’s not like the powers to be, touches the big-men from there, but around the corner they get taken away quicker than ice-cream on a hot-summer-day.

Not that the men and woman who has been questioned and been under investigations has been involved in crimes and activity against the humanity. They have and many using child-soldiers, used ethnicity to win power and even some killings to the level of genocide.

OmarAlBashirCourtOrder1406

“Article 127

Withdrawal

  1. A State Party may, by written notification addressed to the Secretary-General of the

United Nations, withdraw from this Statute. The withdrawal shall take effect one year after the date of receipt of the notification, unless the notification specifies a later date.

  1. A State shall not be discharged, by reason of its withdrawal, from the obligations arising from this Statute while it was a Party to the Statute, including any financial obligations which may have accrued. Its withdrawal shall not affect any cooperation with the Court in connection with criminal investigations and proceedings in relation to which the withdrawing State had a duty to cooperate and which were commenced prior to the date on which the withdrawal became effective, nor shall it prejudice in any way the continued consideration of any matter which was already under consideration by the Court prior to the date on which the withdrawal became effective” (ICC, P: 74, 2011).

Burundi withdraws:

“President Pierre Nkurunziza, who critics accuse of human rights abuses, signed a decree late on Tuesday that paves the way for his east African nation’s departure from the court. His decision comes at time when the ICC is conducting a preliminary investigation into politically motivated violence in Burundi in which several hundred people died” (Alionby, 2016).

South Africa withdraws:

“Under the Rome Statute, the 2002 treaty that established the court, countries are obligated to arrest anyone sought by the tribunal. “Legal uncertainty” around the statute blocks South Africa from resolving conflicts through dialogue, including inviting adversaries for visits, Justice Minister Michael Masutha said, and handing over a foreign leader to the court would have amounted to an infringement of South Africa’s sovereignty” (…) “The Rome Statute “is in conflict and inconsistent with” South Africa’s law giving sitting leaders diplomatic immunity, Mr. Masutha said at a news conference on Friday. The question is before the country’s high court” (…) “Foreign Minister Maite Nkoana-Mashabane this week formally notified the United Nations secretary general, Ban Ki-moon, of South Africa’s intention to withdraw from the international court. Leaving the body would take about a year, during which South Africa would still have to cooperate with the court’s proceedings”  (Chan & Marlise, 2016).

This is happening while the ICC has asked for Nations who has signed up for the Rome Statute and the ICC. This has been South Africa, Rwanda, Burundi and Kenya. The Non-compliance documents of Djibouti and Uganda has even come in 11th July 2016. The Arrest Warrant on President Omar Al-Bashir we’re set on 4th March 2009. There has gone 7 years has passed and his still roaming around with countries willingly delivering “non-compliance” documentations to the ICC for their non-cooperation towards them.

sudan-cartoon

There are more running cases on the continent… some of them are:

The ICC Prosecutor has opened cases against 26 individuals in connection with five African countries. Twenty-five of these remain open; the 26th, against Darfur rebel leader Bahar Idriss Abu Garda, was dismissed by judges, though the prosecutor may attempt to submit new evidence in an attempt to re-open it. The cases stem from investigations into violence in Libya, Kenya’s post-election unrest in 2007-2008, rebellion and counter-insurgency in the Darfur region of Sudan, the Lord’s Resistance Army insurgency in central Africa, civil conflict in eastern Democratic Republic of Congo (DRC), and a 2002-2003 conflict in the Central African Republic. The Prosecutor is also examining 2010-2011 violence in Côte d’Ivoire, a 2009 military crackdown on opposition supporters in Guinea, and inter-communal violence in central Nigeria, but has not opened formal investigations or opened cases with regard to these situations. Uganda, DRC, CAR, Kenya, Nigeria, and Guinea are states parties to the ICC. Sudan, Libya, and Côte d’Ivoire are not. ICC jurisdiction in Sudan and Libya stems from U.N. Security Council actions, while jurisdiction in Côte d’Ivoire was granted by virtue of a declaration submitted by the Ivorian Government on October 1, 2003, which accepted the jurisdiction of the Court as of September 19, 2002.25 Five suspects—four Congolese nationals and one Rwandan—are currently in ICC custody. The ICC Prosecutor has sought summonses, rather than arrest warrants, in connection with attempted prosecutions of Darfur rebel commanders and of Kenyan suspects. The Prosecutor has not secured any convictions to date” (Congressional Reaserch Service, 2011).

The Kenyan case we’re like the Prosecutor said wasn’t done, but for now there wasn’t able to follow through on evidence and make a case worth living. That is me translating the jurors lingo. The IGAD communique on the 6th April 2016: “The Intergovernmental Authority on Development (IGAD) joins Kenyans of all walks of life to rejoice the collapse of cases against the Deputy President, H.E. William Samoei Ruto and his co-accused, radio journalist, Joshua Arap Sang at the International Criminal Court in The Hague yesterday” (…) “It would be recalled that IGAD had condemned the way the ICC had handled the Kenyan cases from the beginning. During a press conference held in Nairobi on 22nd March 2011, Amb Mahboub stated clearly IGAD’s position on the deferral request of the ICC cases by Kenya pointing out that the trials would “weaken the country and weaken the region” (IGAD, 06.04.2016).

The Kenyan government President Kenyatta the day before on the 5th April 2016:

“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” (…) “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” (Kenyatta, Uhuru – ‘H.E. Uhuru Kenyatta Statement on ICC verdict on the Ruto and Sang Case’ 05.04.2016).

So with this in mind, the Kenyan Government have been thoroughly investigated by the ICC recently over time since the ICC charged people close connected to the current leadership and government. They even at some point had a case against the Kenyan President Kenyatta, but they let it slide because they got no witness angle on him. The Jubilee has fought back and has done their duty towards Courts. Still the wound of charges, the appearance and the trial has hurt.

The newest ICC cases into Africa is the post-election violence where even the Parliament we’re put on fire.  “In the letter of referral to the ICC signed by Gabon’s Justice Minister Denise Mekamne Edzidzie, the government accuses Ping and his supporters of incitement to genocide and crimes against humanity” (…) “It highlights a speech which Ping gave during his electoral campaign, in which he allegedly called on his supporters to “get rid of the cockroaches.” (…) “These words were an incitement to commit the crime of genocide,” the letter says” (France24, 2016). The Gabonese Authorities tries to pin it on the Opposition as the election rigging made the public mad and not just the supporters of Jean Ping. If the ICC uses this opportunity not to pin it on themselves as the Second Generation for life President Bongo!

African Union Letter to the ICC on the 29th January 2014:

au-letter-icc-jan-2014-p1au-letter-icc-jan-2014-p2au-letter-icc-jan-2014-p3au-letter-icc-jan-2014-p4

So the long-stemming grievances are now coming into effect. The feeling of being targets while others walk scotch-free. The inaccurate acts of being the main ones, even as the violence, genocides and crimes against humanity happen; the leaders don’t want a hanging gallows over their heads. Still, the acts of many current Presidents and their Regimes are using armies like Ethiopia against civilians. If they weren’t a strong ally of the United States, they would have a cherry to pick at the courts. President Museveni fears for place, the same should President Mugabe that never been for the Gukurahundi massacres we’re Zimbabwean Republican Police killed 20,000 people. These are men who fear the ICC and would do what they can to not be touched by their current sins and the ones of old.

Sudan, the country of President Omar Al-Bashir has said this in the recent our about the matter:

“This wise decision is established by the Republic of Burundi on objective grounds that the so-called International Criminal Court has become a tool of pressure and instability in the under-development countries. Further, the opening of investigations against some leaders is a result of pressures exercised by the western force,” the statement cited by the Sudan Tribune said” (Akwei, 2016).

So the country who has the Executive under charges, the other one of late has been forces away from power, but still men who was in charge of their respectable nations President Laurent Gbagbo who have now recently been in trial at ICC:

“On Thursday, Mr. Gbagbo, the former president of Ivory Coast, will go on trial at the International Criminal Court in The Hague, facing four counts of crimes against humanity stemming from the violence surrounding the 2010 presidential election. He was narrowly defeated in a runoff, but he insisted that he had won and refused to cede power, leading to months of turmoil and the deaths of more than 3,000 people before his arrest in April 2011” (…) “The trial of Mr. Gbagbo is an important challenge for the International Criminal Court. He is the first former president to reach trial at the tribunal, which has been in operation for a decade with a mandate to deal with war crimes and genocide. Also on trial with him will be Charles Blé Goudé, one of Mr. Gbagbo’s militia leaders in the 2011 upheaval, which followed more than a decade of ethnic political violence in Ivory Coast” (Rothschild, 2016).

So with this in mind, he isn’t a guerrilla fighting with child-soldiers like the ones charged by the ICC when coming to Lord Resistance Army and others who has been charged for violations against humanity in the ICC. These being Bosco the Terminator from the Democratic Republic of Congo, also that the former Vice President of Pierre Bemba of the MLC has been charged for his crimes, while his President Joseph Kabila walks free for his sins. This proves the neglect and the handpicked cases of the ICC. Reasons why the African Union and others are claiming so, partly righteous, partly wrong! The key to this, if the ICC want to be serious as an International legal institution… it needs cases and probes into states in Europe, America and Asia; not only War-Lords in Africa. That is just Neo-Colonialism and proves the questionable attributes to the character of the laws and big-man politics of the world. Peace.

Reference:

Akwei, Ismail – ‘Sudan urges mass African withdrawal from the ICC’ (21.10.2016) link: http://www.africanews.com/2016/10/21/sudan-urges-mass-african-withdrawal-from-the-icc/

Alionby, John – ‘Burundi becomes first nation to quit International Criminal Court’ (19.10.2016) link: https://www.ft.com/content/ce408588-95bf-11e6-a1dc-bdf38d484582

Chan, Sewell & Simons, Marlise – ‘South Africa to Withdraw From International Criminal Court’ (21.10.2016) link: http://www.nytimes.com/2016/10/22/world/africa/south-africa-international-criminal-court.html?_r=0

Congressional Research Service – ‘International Criminal Court Cases in Africa: Status and Policy Issues’ (22.07.2011) link: https://www.fas.org/sgp/crs/row/RL34665.pdf

France24 – ‘ICC opens preliminary probe into Gabon unrest’ (29.09.2016) link: http://www.france24.com/en/20160929-icc-opens-preliminary-probe-situation-gabon

Mbaku, John Mukum – ‘Africa’s Case Against the ICC’, Weber State University

 

Rothschild, Saskia de – ‘Trial of Ivory Coast’s Laurent Gbagbo Will Test International Criminal Court’ (27.01.2016) link: http://www.nytimes.com/2016/01/28/world/africa/ivory-coast-laurent-gbagbo-hague-trial.html

 

International Criminal Court – Rome Statute of the International Criminal Court (17.07.1998 in force on 01.07.2002) Copyrighted 2011

Samuel Kimeu, the director of Transparency International Kenya, tells us how fraud can be beaten (Youtube-Clip)

“For Samuel Kimeu, director of Transparency International Kenya, dialogue between development banks and civil society is a crucial element in the fight against fraud and corruption” (France 24 English, 2016)

“DP William Ruto ordered the arrest of Cord MPs,” says Senator (Yotube-Clip)

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