Age Limit: The Constitution (Amendment) (No.2) Bill, 2017 (03.10.2017) – The Parliament Library Version

My letter to the IEBC (Chebukati and Chiloba): “Your playing a losing hand!”

Oslo, Norway, 3rd October 2017.

Dear Sirs, Chairman Wafula Chebukati and CEO Ezra Chiloba!

I know you two are happy with the situation, your repeating the election with nearly any amendments or changes, just some rare people has been sacked, but the system is more of the same. Your Independent Electoral and Boundaries Commission (IEBC) hasn’t change significantly since the 1st September 2017.

I am disappointed, but Kenyans should be even more. Not only because of the letter that National Super Alliance (NASA) had to the IEBC on the 12th September with dozens of demands of change. None that has been covered. Even if you honorable Chebukati says on live broadcast during a presser: meetings with Nasa and Jubilee fruitful; all systems are in place for October 26 repeat election” (Nation Breaking News, 03.10.2017).

I hate to say it Mr. Chebukati but your words was countered by parts of the dialogue groups. The Jubilee said this afterwards: “We have no stipulation before the repeat poll and expect the electoral commission to conduct a free, fair and credible election that will reflect the will of the people.

Held consultation with the Independent Electoral and Boundaries Commission (IEBC) at Bomas of Kenya, Nairobi County” (William Samoei Ruto, 03.10.2017). But that was expected Mr. Chebukati, you pronounced him and his boss victor in August and he wants the same deal and rigging again. He don’t want it changed, because then it doesn’t benefit him and his party.

But what is more worrying when Senator James Orengo says this at the Presser today: “It is like IEBC is only concerned with holding the elections within 60 days. We insist election must be held in accordance with Constitution. None of the issues we had raised in the irreducible minimums have been responded to. Nothing is agreed until it’s agreed, they have not answered our questions yet” (Sen. James Orengo, 03.10.2017).

So when the man who foresaw the issues within the previous elections, you two knuckleheads should listen. Since he was able as a lawyer to come with a decent argument and a case to nullify the Presidential Election on the 8th August 2017. Orengo argued and spelled out the law in the Constitution to the Supreme Court. He put the codes and electoral law and showed how the IEBC did malpractice acted fraudulent during the polls.

Mr. Chebukati and Mr. Chiloba, when you don’t listen to Orengo and his advice you are bound to lose. You have already done it once. It was the biggest mistake of your career. The Jubilee might have the use for you now, but if you try the same trick again. The leaks to NASA will occur and the world will know off your cheating. The agreements with the same companies like OT-MORPHO and Safaricom Limited. It is not like you are trying differently, the same kind of tender to print papers in foreign lands again. Therefore, you are playing the same game, but without changing the cards. You are trying to play a similar game, but having the same cards on hand. Most likely you will lose!

You could have switched-up and made a PR Campaign, you could show the world the IEBC Servers, as your IP addresses are on Cambridge Analytica Servers, the company order for Public Relations for the Jubilee Party. Since you haven’t revealed changes, we can suspect the same sort of game. Than the data and results are transmitted to safe place that the CA can do what they like and therefore alter the results if needed be.

In addition, the use of the same KIEMS system, that was breached thousands of times during the August Elections and not verified the results before being announced by the National Tally Centre at Bomas. Neither could they verify the numbers and announced results on the IEBC Portal. When we know this and you use again OT-MORPHO to deliver the services that was altered the last time. What reason do you give us to trust them and you now? You give us none.

Mr. Chebukati and Mr. Chiloba, you are playing in the same fashion as before, not even trying another change tactics or changing the cards. You have the same to play and done nothing to make sure the deck has changed. It’s like you are trying to bluff and fake your hand, but we know that the hands are the same. IEBC has not changed and has not been reformed. This is after the will of Jubilee, who just wants you play in their benefit. Not playing the cards after the law and the electoral codes they have in the constitution. If the IEBC did this, the NASA would be happy and accept it. The Jubilee doesn’t care how they win as long as they do. That is why they haven’t and wouldn’t change you. They haven’t even fired you. Because of your shoddy job, the Jubilee could have enough reason to sack you!

It’s time for me to end. I know you two will read this and if you do. You will wonder what is wrong with me, since I ask all of this off you and I will give nothing back. This letter isn’t for me or mines. This is for the Kenyans who you are supposed to serve and make credible elections for. Instead you have been busy building a rigging conglomerate. This you should just stop, the gig is already up and the evidence was shown in the Election Petition that won over you on the 1st September 2017.

It’s time for you to fold your cards, give-in and ask for changes. The cards you and the cards you playing isn’t sealing the deal. Its a losing hand, it is just a matter of time before you losing again. Will you two risk your career for just another putsch? Will you try to bluff the Kenyans another time? Peace.

Best Regards

The Writer of Minbane

Director of Criminal Investigations Ndegwa Muhoro letter to Safaricom staffers: “Re: Request by NASA for Investigation and Prosecution of Safaricom Ltd. Its members of staff and David Chirchir” (03.10.2017)

Opinion: There is only dark days ahead, unless something changes rapidly!

I wish I could be more hopeful, have more swagger and be jubilant, but I can’t not in these days and times. There isn’t a dim light of better prospects, unless the winds decides to turn or the forces of good actually moves at light speed. At this moment, this very moment, its dark as night. The night is upon us and the sun is dwelling far beyond the clouds.

The light and hope is dimming down, not that I wish for this, but the energy and the fatigue is there. The prospects of pure civil disobedience isn’t there. Like the lack of care, because the state and the authorities seems to overpower with the Special Forces Command, Uganda People’s Defense Force and even M23. The Police Force is busy taking the leaders and scheming the next charges against innocent leaders, who only try to defend the citizens. While the citizens are listening to radio and TV. Hope that change will fall in their lap. I hate to break it too you, I won’t unless you fight for it.

Museveni and his clan will not give it up, Mobutu would not give it up and Kabila has no plan either. Museveni has stayed longer than Kabila, so just imagine his will to stay. The change of Age Limit in the Constitution at this point, is formalities, which is why he is travelling speaking on land issues. Museveni see this as solved and soon proper fixed. So that the state is properly screwed. No way back, only Musevenism, Militarism and Oppression ahead!

That is why the light isn’t only dim, the only one giving little bit of hope is the dozens of stars that shines lightly on the road ahead. The eternal light that hits the sand-corns and reflects so we don’t walk into the abyss. The NRM has the power, they have the army and the police. They have the state reserves and the resources to crack down on mobilization and demonstrations, but if it is done at a scale and with the people’s power. That could overturn it. Then the people need to show will, show character and organize in a manner that makes civil obedience the only way out.

You can’t be half gangster, you are either a crook or you’re a citizen. The same manner is about standing up to a government. You can’t be half-way demonstrating the oppression and harassment, the belittlement of rights and justice, rule of law for every single citizen. It has to be done with style and fineness. The arrests, detaining and the humiliation of the opposition should be warning, but it seems like society has gotten accustomed with their fate. There isn’t even shock and awe, when Civil-Society Organization are raided and blamed for political interference in internal-matters. It’s just another Monday or Tuesday. No worry, it wouldn’t happen to us.

Neither is the blocking of roads, barricades of the Parliament, soldiers interfering in clearing the Plenary Session. The silence and the misrepresentation inside the National Assembly, shows that the President using guns to sway opinion into the midst of the highest legal assembly. There isn’t anything he will not touch with force and fear. That is the darkness, the bitter fruit of oppression.

This should be the last part of the narrative, it should be last step of harassment and intimidation, but its not, grenades at MPs houses and charges of treason. On-going cases for years upon end, like the Walk-To-Work Cases pending in Kabale for Lukwago and Besigye, that still isn’t settled in court.

Therefore, the darkest hour is here, the only left isn’t detaining MPs or charging the MPs. The end of this is political assassinations! Is that the way it has to go before the light bulbs shatter and so that the people see how dark it really it is outside?

If there will be hope for another morning of glory, another cup of coffee or chai. It is time to wake up and organize, not accept the turn of events. Time to step and bring courage around your people and around your clan. Not accept that the village are taken for granted, that the cash crop are sold on the market in Kampala. That your assets are easily up for grabs and your voice is silenced by the state. Because that benefits Museveni and he knows it!

The light feels very far, the prospects are dim, but if the people start to renegade, resist and show civil disobedience, then there is hope. However, right now, the darkest hour. There are very little, but a few renegades, the rest are in submission. They are wandering and letting it go. But you never know when you are the victim. Innocent citizens has died because of this oppressive regime, Sam Mugumya is lingering in jail in Democratic Republic of Congo. For being a voice against the NRM. The next one could be one of us, who knows, but if we are silent.

If we are silent and let the oppressor continue, we are at fault for the darkness for letting the forces of oppression rule and indefinite take total control of our lives. That should be unacceptable, but it cost to fight totalitarian dictatorship. It cost, Francis Mwjikye has spent countless nights in prison before becoming MP. Dr. Kizze Besigye has spent his time in the prisons as well for the cause of liberation. There might be more, but there need men and woman. Who don’t accept being taken for granted and letting the NRM do as they like.

That meaning, serving Museveni and cater to him for life. Uganda isn’t only for MUSEVENI. It is all for UGANDANS. That should be mandatory, but the NRM MPs thinks otherwise. Peace.

Dr. Kizza Besigye: “We live in a country that is controlled by guns since independence no leader has ever handed over power to another peacefully” (03.10.2017)

Fellow Ugandans we are approaching 55 years of Independence, 55 years of Independence for Uganda has found us with the greatest majority people unemployed, poverty, poor health, poor education, people dying of hunger and insecurity increasing.

Why is this?

We live in a country that is controlled by guns since independence no leader has ever handed over power to another peacefully. So we are hostages of those who have guns. Mr. Museveni came to power 32 years old using guns, he has kept power largely using those guns. Now he is in the process of changing our 1995 Constitution, to remove the last check which is the age limit, having removed term limits in 2005. If the age limit is removed then he becomes a life president and this process continues.

What should we do?

Please understand our country is not divided into parties, don’t be confused yellow, blue, FDC, NRM, DP no! Our country is divided into hostage takers and hostages. And then, there are those who help the hostage takers to keep us, hostages, what we need to do now is to start the process of retaking our country, regaining control of the country.

Let us isolate the hostage takers and those who help them. Anytime you have a gathering whatever it is, whether it is the church, school, sports functions, let us identify together and let us isolate those who are helping the system to keep us in this situation.

Demonstrate your support for change, oppose what is going on in trying to change to our Constitution. Clearly, tell whoever is attempting amidst you DON’T TRY, TOGIKWATAKO not this time again.

  1. Starting this Tuesday 3 October 2017, I invite you if you identify with the people of Uganda that have been kept hostage all this time use the colour RED to show that we are together. Tie a ribbon on your body or use RED colour anyway on that day to show that you are with the people.
  2. Secondly, you have been traveling in private means, in your own car, in my car, it is time on Tuesday starting with 3rd October to leave your private means at home, identify with the public by traveling public means. Use a bus, use a taxi, use a boda, use a bicycle.

Again we will try and see who is with us and who is not with us, those who will be in their private vehicles, we will start identifying they are not with us and it is the beginning of isolation of those who are not with us, we shall not cooperate with those hostage takers and the people who help them. We shall not go to their business and help them get richer. We shall not go their meetings when they call meetings, let us isolate the hostage takers and those who help them to keep us hostages.

The struggle is on it starts now, show where you fall starting this Tuesday

Age-Limit Update: More oppression, which means more arrests and blocked MPs, as the bill goes to Committee at the Plenary Session!

There are sometimes you wonder why certain things take so long and why they just have not happen already. Today is not such a day, since it was late last week that the Hon. Raphael Magyezi of Igara West allowed to seek leave to finish his bill. It seems like he was already before the vote last week and prepared with the finished product. Because today, the Member of Parliament is ready for reading. This without the suspended opposition MPs, who either has their house ambushed with grenades, detained on public transports or directly taken from their homes.

There is nothing subtle about this act or bill, the National Resistance Movement (NRM), are dwelling at Sheraton Hotel to deal with the ones who might vote against it. To see if they can list them, so they don’t get their cash-out, like the loyal MPs to the President does get. In addition, that Don Wanyama proclaims that Opposition leaders gathered at City Blue Restaurant at Nakasero, where they was discussing the way forward. These fellow leaders was Mugisha Muntu, Olara Otunnu, Winni Kiiza and Norbert Mao. Who knows what these fellows discussed.

Since Dr. Kizza Besigye house was blocked, Robert Kyagulanyi been arrested by the famous police van, Hon. Karuhanga and Hon. Muwanga Kivumbi got detained in the same car. Ingrid Turinawe was arrested again earlier today. Hon. Francis Mwijukye on the way to the Parliament in a taxi, was stopped, but not arrested as they only confiscated his red-ribbon. Lord Mayor of Kampala, Erias Lukwago arrested at his home, like the last time the bill was up for Plenary. Clearly, the Police is busy cracking down on dissidents today.

Robert Kyagulanyi stated this towards the intimidation today:

“GRENADES have for the second time in two days been thrown at my house and exploded. Property damaged and no one hurt! But what kind of country are we now living in? I had decided to ignore the blasts and these threats, but it seems they are now getting real. Let me announce to the whole world that these past days I have been receiving death threats on an almost daily basis. I have also been advised by some friends who know more than I know that I should be very careful what I eat or drink, how I drive and from where, whom I meet, even who touches me while I go to Parliament. Apparently something could be done to me during the kind of scuffle that happened when state agents invaded the Parliamentary chamber! Reason? Opposing the removal of age limits in the Constitution! Anonymous calls targeting not only me but my family as well. I have been told that if I don’t leave that thing a lone, I will just be terminated or disabled. These are cowardly acts which must be condemned by all people of good conscience. We are not involved in war. We are just citizens who are interested in a good country for ourselves and the generations to come. WE SHALL NOT BE INTIMIDATED. Let them know that NOTHING can stop an idea whose time has come. If you kill one me, perhaps a thousand more will rise up. The world is watching!” (Kyagulanyi, 03.10.2017).

Just so show how blunt the Police Force was today about their motives, they even stopped the critical NRM MP Muhammed Nsereko from appearing and he was blocked from being part of the Plenary Session today. Certainly, if they tried to go, the ones on the Uganda Police Force list of 28th September 2017, they would all get into trouble.

While the kingmaker himself has been posing with youths who support his cause:

“In other news: Kick Age Limit Out of the Constitution(KALOC) youths pose for a picture with President Yoweri Museveni” (The Observer, 03.10.2017).

Because there is no money involved or any kinds of tricks into play when these sort of gatherings happens, just like in the recent rallies and recent election, when crowds was bought with money, food and t-shirts. Therefore, they could all bash in the glory of Museveni, as the new coined term – voter tourism became a thing.

No surprise when this happen after the first reading of the bill:

“The Constitution (Amendment) Bill has been tabled & referred to the committee on Legal and Parliamentary affairs” (NTV Uganda, 03.10.2017). “MP Magyezi Tables #AgeLimit Bill in Parliament. This afternoon Hon Raphael Magyezi of Igara West has tabled his Constitution Amendment Bill for first reading. The Bill has been sent to the committee on legal and Parliamentary affairs. The rules of procedure require the committee to consider the bill within 45 days. The Opposition MPs were absent in the house following the suspension of some and the ongoing boycott by others” (Parliament Watch Uganda, 03.10.2017).

In Ordinary lingo:

That means the NRM Caucus together with friendly forces will meet, discuss and find out when and how they will benefit. When they will meet in the State House, to hear the proposal and possible pay out. So that the forking out of cash flow can come in time for the second reading and the votes. The Second reading will either be in the end of this week or early next one. Since this will be landslide and secure funding of new suits and ties to all of them.

So the Police and the authorities is on the tale of the opposition and opposing MPs. They are arch-criminals in the eyes of the state. They are followed and some are even in the line of fire. Meaning they are getting grenades thrown at their houses. There are no stones left untouched for this system at the moment.

This tale of the Age Limit is far from over, there will be more arrest, more intimidation and more propaganda like the ones with the KALOC group suddenly appearing when needed. To show “support” of it. Even if it is real, unless they stomachs are hurting and need some quick cash, just like the NRM MPs. They all must be starving for having the capacity to sell the country to Museveni and in this speed! Peace.

Uganda Police Force: “Re: CCTV Time Stamps taken from the 26th September CCTV Surveillance Situation during the Parliament Session” (28.09.2017)

Age Limit Bill: Raphael Magyezi MP proposed “The Constitutional (Amendment) (No. 2) Bill, 2017” (28.09.2017)

Opinion: President Kenyatta directs the NASA to stop their demonstration, because he doesn’t want to reform the IEBC!

It’s like President Uhuru Kenyatta are again on one of his rants. Today the National Super Alliance (NASA) called for their first part of demonstrations ahead of October 26 2017 elections. There was demonstrations in Kisumu, Garissa, Mombasa, Nairobi, Embu, Kitale, Machakos, Migori and in Homabay. Clearly, the Police are busy to use tear-gas and harass the citizens. Therefore, it is insulting and demeaning the acts, that the NASA should go the legislative route days ahead. When the same body gave a huge majority to Jubilee Members of Parliament in the National Assembly in August 2017. Just take a look!

President Kenyatta statement on Demonstrations:

It is not easy for a politician to go against the grain, but despite the negative wind of politics you stood firm because of your principles of development and hard work,” said the President.

The President challenged opposition members of parliament to attend parliamentary sessions and debate bills which will help improve the lives of Kenyans who elected them instead of leading unnecessary demonstrations. “You were elected by wananchi to represent them in the August House by enacting laws aimed at improving their lives. Please go and tell your leaders to stop misguiding our youth with unnecessary demonstrations, let them allow you to join your colleagues in parliament where you can discuss and debate to enact good laws. Don’t be afraid of the majority, use your skills and persuade them to work together for the good of this country,” said the President” (Uhuru Kenyatta, 02.10.2017).

I understand his ways, he wants a peaceful outset and make it look like he has it all under control. So his international partners and foreign missions can continue to support his government. If there is violence and uncertainty it attacks his credibility. He has already lost once in the Supreme Court for the fraudulent election in August 2017. I don’t want to dive into that, but Kenyatta has defended the IEBC and in his statement today, he does it too.

President Kenyatta continues to stay on the legal route after losing. Therefore just days ahead of the election he plans to amend the laws in Parliament. But the NASA is not allowed demonstrate, they are supposed to suck-it-up as minority in the National Assembly. Its like I wonder if he listen to himself and considers the other party. Which I doubt, his entitlement and his arrogance comes out everyday.

That the citizens are pawns in his world-view is visible, considering the Parliament is the solution. Just another 24 days ahead of the announced election. Kenyatta feels superior and tries to deflect, that the NASA has no other way out. Like there are no other way to peaceful demonstration. Since the IEBC is rigging for him and that is why they have to turn to the streets. The NASA would prefer long time and reforming the IEBC in dialogue with Jubilee. But Jubilee prefer not to, because they are winning this way by cheating.

So at this state, there is easy say that the opposition are wrong in their act and should go the legal way, but that just fits conveniently for him. That does not fit NASA and does not fit the paradigm of free and fair elections. This will not be served with the current IEBC. The IEBC needs a reform and restructuring before the election. That will cost too much for Kenyatta, he will lose his edge and possible way into a second term. Which is the reason why Kenyatta continues to pound on both NASA and the laws, but not do anything with the IEBC.

That is really suspect, it gains my suspicion since he hasn’t targeted them since the 1st September of 2017. Peace.

Opinion: The Foreign Diplomatic Missions Kenya disappoints in their statement today!

I will not bring the whole detailed statement, the ones that cares should read it. If not its not a loss. The Foreign Missions in Kenya have now put stamp before the 26th October, as the Independent Electoral and Boundaries Commission (IEBC). This sort of statement could have been cooked in Atlanta or at the Carter Centre. Since it sounds like John Kerry during and after the August 8th 2017. They want it to just go-on and not stop it. The IEBC just supposed to go-on without question. Just take a look this!

For this to happen, the IEBC must act decisively and everyone needs to respect its independence. Leaders on both sides must be reasonable in their demands of the IEBC and in their actions leading up to, and following, the new election. It would be impossible to remake the IEBC in a way that satisfies all political demands, and everyone should refrain from undermining it. All should give the IEBC space, time, and respect. Do not paralyze the IEBC. It is the only institution Kenya has to run the election and ensure Kenyans can choose their president. This is an opportunity for both sides to demonstrate leadership, strengthen Kenya’s democracy, and build the country’s international prestige. Unfortunately, the opposite appears to be happening. The draft “Election Laws Amendment Bill,” for example, puts at risk the IEBC’s ability to conduct a better election within the mandated 60-day timeline, and unnecessarily increases political tensions. Kenyans can debate whether or not electoral changes are warranted, but the timing is a serious problem. Wise reforms to an established electoral process take time. They require thoughtful reflection and broad agreement from all parties. Well-established international best practice is to avoid changes to electoral rules just prior to an election. In the same vein, the growing list of political demands, inflammatory rhetoric, and boycott threats undermine the IEBC’s ability to carry out its constitutionally-mandated job to hold a new election. For example, if IEBC personnel are to be removed, it should only be done by the appropriate authorities and be consistent with the law and relevant regulations” (US Embassy, 02.10.2017).

I only agree with the Foreign Missions on one of these statements that they did together. That is the change of law, while its coming a new election. The newly announced election should be postponed if the laws are amended. Since the IEBC cannot comply to sudden changes, as they we’re not ready to work consistently with the legal provisions for the election in August 2017. Therefore, now the IEBC doesn’t changes of laws to change their ways.

The reform of the IEBC needs to happen, that without an election. The current IEBC are trying to do the same with the same partners and agreements done in secret. Certainly, this is not just a problem for the National Super Alliance (NASA), it should be a problem for all Kenyans. Since the trust of the IEBC should be all time low. They are trying to pull it off again without any significant changes. When they announced the Jubilee and Kenyatta, when they couldn’t prove the ballot or the tally. This should worry anyone.

Still, the American, Europeans and all the Foreign Diplomatic Missions has no issues with this. They just want the Kenyans to elect a rigged in leader. Because no-one should touch or try to fix the rigging machine of the IEBC. The NASA is not trying to undermine to the IEBC, they are trying to reform it. So it can authenticate the votes and ballots, not just announce whatever that fits on party or coalition. It is a serious problem that the IEBC can issue a new election without doing prior changes or proving their capabilities of an honest, free and fair elections.

If they just go now for a new election without changing, without trying to fix the IEBC. Than, the possible rigging might happen again, as the leadership are connected to Jubilee. Ezra Chiloba has clearly learned the tricks from Ahmed Hassan Isaac, who did his tricks to earn on Chickengate and do bad tenders for the state organization. Most likely he has learned a lot from his former boss.

Therefore, it is disappointing, the statement of the foreign missions in Kenya today. That they are defending the IEBC and say “just continue like nothing” this is “strength of the Kenyan democracy”. Are you kidding me? Maybe someone should rig your local elections? Maybe someone should try to steal your vote? Would they accept if someone took their future away? Because its convenient.

The NASA has to make sure changes happen with the IEBC, so that the elections are credible. Why holding elections this 26th October if the organization running it most likely rig for Kenyatta and Jubilee? Why do I believe that, since the Jubilee wants to fix the laws and the Supreme Court, but are defending the organization who said Kenyatta won earlier this year in August. This with results that couldn’t be verified.

So if the Missions cared about the coming elections. They wouldn’t defend the IEBC like Jubilee. They would actually want a free and fair elections. Instead they are acting like Jubilee-Soft and trying to make it happen without any fuzz and hope that all parties are all smiles. Even if they are rigging into oblivion. Peace.

Reference:

Statement by Ambassadors and High Commissioners to Kenya – In Advance of the New Presidential Election (02.10.2017) link: https://ke.usembassy.gov/statement-ambassadors-high-commissioners-kenya-advance-new-presidential-election/