My letter to CS Nkaissery is this you wish for your legacy to be ‘I created fear and caused havoc’?

Nkaissey 2016

Dear CS of Interior Joseph Kasine Ole Nkaissery of the Republic of Kenya!

I know you’re having a hard time as a Cabinet Secretary before the General Election of 2017. With the knowledge of the security detail you needed when the first rounds of Election Law Amendments we’re taken to the National Assembly during January 2017. Therefore it is not like you as a CS of Interior respects your advisories. That been proven with your crass words against the Coalition for Reforms and Democracy (CORD), which is an opposition coalition to fight the ruling regime party, that just recently became the Jubilee Party; that we’re a former coalition as well. So he has alternative motives with this week’s actions and hours.

First he has to step up security before planned marches against election laws, because he loved the Tear-Gas Monday’s and Police Brutality Monday’s that we’re happening months ago. Just take a look!


Police on Alert:

“More police officers have been deployed to Opposition strongholds amid intelligence reports that violence could erupt over the contentious amendments to the electoral laws. The Standard on Saturday established that police officers will be on the look out in Nyanza, Western, Coast, Eastern and parts of North Eastern where they will remain highly alert on possible protests” (…) “This follows the directive by Interior Cabinet Secretary Joseph Nkaissery, who has instructed regional police coordinators to be extra vigilant. Yesterday, Nyanza regional police coordinator Willy Lugusa confirmed that they were on high alert for any eventuality and ready to contain the situation should the protests begin” (Otieno, 2017).

When you want the Police to be vigilant, as the Police have acted with brutality and with tear-gas on protesters; they have detained and even killed protesters, even pedestrians. So now the Police has to be out on the streets and made ready, because legal protest has to be silenced. The only law is the law that Jubilee has created and their amendments to secure another term is more important that citizens of the republic. The citizens who might protest are allowed to be punching-matts and are okay to criminalize them for doing their civic duty. That show’s how little your mind of democracy is CS Nkaissery, you’re a sorry excuse for a politician. As your CV proves your military ways: “Nkaissery served in the Kenya Defence Forces in various capacities ; Commandant  Battalion,  Second in Command, Combat Instructor, GOC Western Deputy Commandant/Chief Instructor-brigade,  Commander Chief of Personnel ,Military Assistant to the Chief of General Staff, until he retired at the position of a Major General 1973 to 2002 when he joined politics” (Halipad, 2014). That Nkaissery is unforgiving and uses strong orders to people comes from all the years of hardships in the army and the loyal line of defence that is there. So he uses the same mentality in the Politics as he sees the CORD as enemies and not as advisories. Therefore he does go after Governor’s from CORD, instead of seeking to create peaceful climate between the coalitions!


Removal of Security Team for Joho and Kingi:

“ODM leaders have asked Interior CS Joseph Nkaissery to reinstate the security detail of Governors Hassan Joho (Mombasa) and Amason Kingi (Kilifi) following their withdrawal on Friday” (…) “They had initially given Nkaissery a two-day ultimatum on the matter, but later said they would deliberate with the Cord NEC on the next course of action” (…) “Mvita MP Abdulawamad Nassir said among officers withdrawn were GSU and Administration Police” (…) “An official within Joho’s camp said among the withdrawn officers were four bodyguards who worked on a rotational basis, three uniformed officers who used to guard his home and at least two officers at his office” (Star Team, 2017).

Last time he tried to revoke the guns for Governor Hassan Joho, now he added Amason Kingi, because why not? You’re not Hassan Ali Joho best of friend, not that I expect that you like the ODM political leader. I am sure it hit your pride Honourable Mr. English Nkaissery that the coast governor won in court and we’re still allowed to carry his gun. So now you take it another step, because you can and orders to take away the Security Detail around these two governors. Both Joho and Kingi, like a spoiled brat your leave them behind, would you honourable Mr. English do this to any of your Jubilee Governors? I haven’t seen you’re acted against your own? But that do go against the military aspect of your mind, the chain of command and the loyalty of fellow comrades. That is why you take away the guns of the enemies while keeping it at bay for your own. Such a gentleman you are!

But as CS of Interior you need to spread more fear!


Nkaissery on Social Media:

Interior Cabinet Secretary Joseph Nkaissery has issued a stern warning to those using social media to perpetrate hatred in the country ahead of the next General Elections. Nkaissery was speaking after some Maa leaders declared him the Maasai leader after the death of the two reigning Maasai leaders in 2016. Nkaissery has further declared Maasailand a Jubilee zone” (WatsUpAfrica, 2017).

You’re trying to act as a gentleman, but you’re forcing out more police officers and security personnel in the strongholds of CORD, while also taking away security guards for opposition governors and at the same time threating fellow peers, because of how they are supposed to use the Social Media. Since the Jubilee like PR and the media to spread their message to the public and would like the CORD not to question their PR bonanza that usually occurs, like when they released their Party with red-cars and used State House as a bonafide venue for Party Work.

CS Nkaissery, if you’re thinking you’re a grand politician and respected one, you are perfectly wrong, I expect more violence under your signature and of your operations before the General Election. Nkaissery your will wild-out claim the CORD is wrong as the law are already signed and the Election Laws that are helpful to ushering in the Jubilee for the second time, let the ruling President Uhuru Kenyatta and Deputy President William Ruto continue to rule. The rulers are amending and securing their positions, while spreading fear in the opposition strongholds months before the polls.

You’re such a genius CS Nkaissery, first you are putting out more officers, than taking away security details and later saying that people should watch their words on Social Media. Can you not put more restrictions on walking across the road and where they are selling water? Since you are all controlling and wants to silence them, you would have detained the CORD leadership if you could wouldn’t you Honourable Nkaissery? It’s boiling in your blood and your acting as the totalitarian leader, not the democratic and respectable the Kenyans deserves.

Certainly the CS of Interior isn’t an easy job, but your CV and your history against the CORD show’s you have no intention of dialogue, you throw tear-gas and detain, even brutality against innocent pedestrians, at one point your police officers killed a pedestrian who we’re around a demonstration in Nairobi; a person who was going to the bank and your police officers beat the man so brutally, that he died on the Nairobi streets. That is in your name and under your leadership that a man of that stature died. You shall always in my mind be remembered for the violence created when the #IEBCDemos we’re happening.

CS Nkaissery, what was more disturbing was that you didn’t care to say sorry for the violence and the ones ending at the hospital, the bullets and the havoc you made to silence the opposition. Instead of talking and negotiations, you sent the Police in Anti-Riot gear and militarized road-blocks to stop their civic duty. If this happens this year as well and yet another pedestrian just dies in vain, that will be on your watch and on your tab. That persons family and friends, are your sorrow to keep. You CS Nkaissery have responsibility for all citizens, even the opposition’s safety, not just the ones with membership in the Jubilee Party.

So time to act as a leader and Cabinet Secretary for all Kenyans, not just the loyal soldier for Kenyatta and Ruto; you are bigger than that right? Time for you’re to take it easy and think of the repercussions of your actions. The indicated vicious and malice attempt to silence the opposition proves your fear of your own record. You could be noble, but you’re not, you could be a grand big-man, instead you’re spreading fear and creating havoc.

Is that he legacy you want Hon. CS. Joseph Ole Nkaissery?



Halipad, Fabien – ‘The Intresting CV of Joseph Kasaine Ole Nkaissery the Kenya’s New Cabinet Secretary’ (02.12.2014) link:

Otieno, Kepher – ‘More police deployed in CORD regions to stop possible electoral laws demos’ (07.01.2017) link:

Star Team – ‘ODM leaders ask Nkaissery to reinstate Joho, Kingi security detail’ (07.01.2017) link:

WatsUpAfrica – ‘CS Nkaissery warns over misuse of social media to perpetrate hatred as elections approach’ (08.01.2017) link:

Kenya: Haki Africa – “What Do We Tell Families?” Report (08.12.2016)


Kenya National Police Press Statement on Haki Africa (08.12.2016)


Kenya: Police Gun down wanted Terror Suspect in Kisauni Mombasa (27.09.2016)


Kenya: Public Inquiry on Insecurity in the Coast Region and its Impact on the Enjoyment of Human Rigths (14.09.2016)


Press Statement: Attack at Central Police Station – Mombasa (11.09.2016)


Looters haven as cargo train carrying wheat destined for Uganda derails at Kibarani (Youtube-Clip)

“Residents of Makupa  area in Mombasa county early Sunday engaged in a looting spree after a cargo train carrying wheat  to Uganda derailed. The  residents descended on the train which was said to be carrying Wheat worth Millions of shillings.  It took the intervention of the police to stop the looting and finally put the train  back on its tracks” (K24TV, 2016)

Press Release: Kenya must review Double Tax Agreement with Mauritius (02.11.2015)


(Nairobi, November 2, 2015) – Kenya is teetering on the brink of financial meltdown with the implosion of at least two private commercial banks in the last few months and signing of loophole-ridden double taxation agreements with tax havens Mauritius, United Arab Emirates and Qatar.

Tax havens are countries or states that position themselves as low tax jurisdictions allowing companies and rich individuals to hide their wealth without paying appropriate taxes where they actually make their profits or wealth. Tax Justice Network-Africa (TJN-A) in October 2014 sued the Government of Kenya (specifically the Cabinet Secretary to the Treasury, Kenya Revenue Authority and the Attorney-General) challenging the constitutionality of the Kenya/Mauritius Double Taxation Avoidance Agreement signed in Port Louis, Mauritius on May 11, 2012 and as contained in Legal Notice 59 published in the Kenya Gazette of May 23, 2014.

The Agreement significantly undermines Kenya’s ability to raise domestic revenue to underpin the country’s development by opening up loopholes for multinational companies operating in the country and super- rich individuals to shift profits abroad through Mauritius to avoid paying appropriate taxes. For example, provisions under Article 11 of the Agreement relating to interest limit Kenya’s withholding tax to 10 per cent whereas the Kenyan domestic rate currently stands at 15 per cent. This will significantly affect the tax base of the Kenya Revenue Authority (KRA). The Agreement also sharply contravenes Articles 10 and 201 of the Constitution and is inconsistent with the principles of good governance, sustainability and accountability. The Agreement is open to abuse and this could endanger the growth and development of Kenya.

Three main reliefs sought by TJN-A are: that the High Court declares the government’s failure or neglect to subject the Kenya-Mauritius Double Taxation Avoidance Agreement to ratification in line with the Treaty Making and Ratification Act 2012 as a contravention of Articles 10 (a), (c) and (d) and 201 of the Constitution of Kenya.

That the Court directs the Cabinet Secretary for Treasury to immediately withdraw Legal Notice 59 of 2014 and commence the process of ratification in conformity with the provisions of the Treaty Making and Ratification Act 2012.  And award cost of the petition with interest against the Government of Kenya. The case came up for mention at the Nairobi High Court today, November 2, 2015. The court will fix a date for hearing the case on November 9, 2015. Speaking at a press briefing earlier today, the Executive Director of TJN-A, Alvin Mosioma said “there is need for public participation in the process of ratification of double tax agreements…double tax agreements kill the competitive edge of local firms”. 2 Senator Hassan Omar of Mombasa County who also addressed the press said Kenya’s “Parliament needs to appreciate its responsibility in safeguarding the public’s interests,” adding that “the reason people steal is because there is complicity and people are aware of it”. Provisions under Article 12 of the Agreement which relates to royalties also restrict at- source withholding tax to half (10 per cent) of Kenya domestic rate of 20 per cent. This will significantly weaken Kenya’s ability to raise revenue to finance its development. Additionally provisions under Article 20 of the Agreement reserves all taxation of “other income” not dealt with in specific Articles to the residence state.

This effectively reduces withholding tax to zero per cent on services, management fees, insurance commissions among others, whereas Kenyan domestic withholding tax rate currently stands at 20 per cent. This is a major gap that will lead to massive revenue leakages. The Agreement is neither United Nations nor OECD compliant and it also fails to address the issue of disposal of shares in companies. The Agreement effectively reserves under Article 13.4 all taxation of capital gains from selling shares in companies to Mauritius where the effective Capital Gains Tax is zero per cent. Under the Agreement foreign investors in Kenya can acquire Kenyan companies through Mauritius holding companies and Kenya cannot tax any of the gains when they sell these businesses again. This is open to abuse. Similarly, domestic Kenyan investors can dodge Kenyan taxes by round-tripping their investments illicitly through Mauritian shell companies. Kenyan companies can also easily avoid Kenyan taxes in dividends paid to foreign investors through devices like share buy-backs therefore deny the government of development funds.

The provision is very similar to the Capital Gains Tax Article in the India-Mauritius treaty which has proved very controversial costing India an estimated US$600 million a year in revenues as a result of tax avoidance and illicit round-tripping by Indian business executives driving the Government of India to initiate steps to renegotiate its agreement with Mauritius. Under the definition of ‘bilateral treaty’ in Section 2 of the Treaty Making and Ratification Act an ‘agreement’ such as the one between Kenya and Mauritius and which is the subject matter of this legal case, is a treaty subject to the Act and therefore requires that the Cabinet Secretary to the Treasury in consultation with the Attorney General, submit to the Cabinet the treaty, together with a memorandum outlining, inter alia – 1. Policy and legislative considerations, 2. Financial implications 3. Implications on matters relating to counties, 4. The views of the public on the ratification of the treaty.

Mauritius presently has tax treaties with 13 African countries namely Botswana, Lesotho, Madagascar, Mozambique, Namibia, Rwanda, Senegal, Seychelles, Swaziland, South Africa, Tunisia, Uganda and Zimbabwe. Apart from Kenya, Mauritius also has signed Double Taxation Agreements with Congo, Zambia and Nigeria. Currently Mauritius is negotiating DTAs with Algeria, Burkina Faso, Egypt, Gabon, Ghana, Malawi and Tanzania. Unlike Mauritius’ DTA with Uganda and Nigeria, for example, which have specific provisions for withholding tax for management/technical services fees, Kenya failed to negotiate any such provisions. 

In a related development, the Government of Kenya has signed an equally harmful Double Tax Agreement with United Arab Emirates and Qatar – both of which are tax havens – in which Kenya further deems its right to tax as unnecessary in a bid to attract investment from these two countries. These agreements will deepen Kenya’s current cash crunch by allowing the further erosion of the country’s tax base. – END.

ABOUT TJN-A: Tax Justice Network-Africa (TJN-A) is a Pan-African initiative and a member of the Global Alliance for Tax Justice. It is a network of 29 members in 16 African countries. TJN-A collaborates closely with these member organisations in tax justice 3 advocacy at the national and regional levels. TJN-A seeks to promote socially just and progressive taxation systems in Africa, advocating for pro-poor tax policies and the strengthening of tax systems to promote domestic resource mobilisation. TJN-A aims to challenge harmful tax policies and practices that favour the wealthy and aggravate and perpetuate inequality. For further enquiries, please email Kwesi Obeng at (+254 726 804 400) and/or Michelle Mbuthia at (+254 724 994 796).