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Kenya: Public Action against Mindless Theft and Waste of State Resources (01.11.2016)

Kenya Parliament

A Statement Issued by the Kenyan CSOs on November 1, 2016

Since independence, Kenyan public has been treated to a cocktail of abominable theft, plunder, squander and waste of public resources, while the institutions tasked with the mandate to probe and deal with the said scandals have repeatedly sanctified the same. Bailed  as the most corrupt and unaccountable administration in Kenya’s political history so far, the Jubilee regime’s 4 years in power has been characterized by rampant, reckless  and mindless  looting  and misappropriation of state coffers.

The situation in the country remains so grave and dire that the official Auditor General’s report  for 2015 found that just 1% of Kenya government spending and  a quarter of the entire 1.6  trillion shillings budget was properly accounted for. Current reports indicate that Kenya loses approximately 600Billion shillings out of its annual budget of 2 trillion (close to 30%) through wanton theft and waste.  Imagine what this amount could do in supporting health care for the poor, provision of quality basic education, clean water or employment for our youth?  

Specifically, the Kenyan CSOs note with concern the following systemic  and vicious failures of the political establishments, both at the national and county levels: That as noted by John Githongo, a prominent anti-corruption crusader, “corruption in Kenya has deepened and widened since President Uhuru Kenyatta came to power in 2013”.

  1. Mega scams such as the  National Youth Service Saga, “Chicken Gate” Scandal; land grabbing; flawed tendering in the  Multi-Billion Standard  Gauge Railway; Misappropriation of devolved funds and current  Afya House Scandal in the Ministry of Health  among others remain unsolved. That majority of those adversely mentioned in the above scams are either close associates or relatives of senior state/public officers thus deepening vested interests and political complicity.
  2. That the institutions mandated to provide leadership in the fight  against corruption have terribly failed to live  up to the Kenyan public expectation; from the presidency, Judiciary, Ethics and Anti-Corruption Commission, office of the Director of Public Prosecution, Office of the Attorney General.
  3. That the president has failed to demonstrate genuine, bold and effective political will and leadership to combat corruption over the years. His admission of inability to battle graft in a recent state house anti-corruption summit sums it all.
  4. That the judiciary has failed to put in places mechanisms to expedite corruption related cases. As a result such cases take too long in courts. This has delayed justice and only encouraged corruption to thrive.
  5. That the Ethics and Anti-corruption Commission has failed to effectively and independently deliver on its key mandate; law enforcement, investigation and corruption prevention in the discharge of its functions. This has rendered the institution a friendly environment for the corrupt. In fact on many occasions the EACC has sanitized the corrupt.
  6. That most of the alleged grand corruption prime suspects have been exonerated through a sham process while those who have not been exonerated have not been prosecuted either but remain free to enjoy their loot.
  7. That most of the state/public officers who have declared their wealth have done so in private, thus without adequate public disclosure.  This is a precedence set by the presidency hence incapacitating the public to hold both state and public officers accountable for their wealth.
  8. That the government has failed to demonstrate greater transparency in procurement processes by not publicizing information on tender analysis, detailed contractor profiles including list of directors, engagement contracts, project implementation plans, bills of quantities and other related information.

It’s in response to the president’s admission of helplessness, his inability to act, and the failure by the different state agencies to admit responsibility in the midst of wanton theft of state resources, that the Kenyan Civil Society is calling a national mass demonstration to demand for urgent and systematic actions against mega corruption in Kenya.

  1. The demonstration will take place on Thursday (03/11/2016) from freedom corner and will end with a submission of a petition with a Demand List to the president.
  2. The Demand List will capture the practical actions that the President should implement in line with his legal and political mandate and obligations.
  3. We therefore call upon the public and the media to turn up for the demonstration. We also request members of the public to come dressed in red and carry a whistle and the Kenyan flag.

We have planned sustained political actions to ensure zero tolerance to and increased accountability for public theft in Kenya.

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Kenya: “Re: Request for Information Relating to the Tax Returns of H.E. William Samoei Ruto” (24.10.2016)

ruto24102016

Kenya: Press Statement on the “Chickengate” Investigations (05.10.2016)

kenya-chickengate-05-10-2016

Odinga endorses recommendations of Joint Parliamentary Select Committee (Youtube-Clip)

“Cord leader Raila Odinga has welcomed the joint parliamentary select committee’s recommendations, terming them the beginning of a journey to a free and fair poll next year, whose outcome will reflect the wishes of the electorate. Odinga has however proposed that president Uhuru Kenyatta consults with him in the nomination of new IEBC commissioners, just like he was involved in the appointment of the outgoing electoral body bosses, by former president Mwai Kibaki in the grand coalition government” (Kenya Citizen TV, 2016)

Opinion: The IEBC dilemma continues even after firing the corrupt ‘band of brothers’ now

gado iebc

The Independent Electoral Boundaries Commission of Kenya is now at a standstill after months of hustling from the Opposition against the Commission and their men. The band of brothers run by the Commission Isaack Hassan have been under fire and besieged as their fate have been questioned by ‘Chickengate’ their involvement in the questionable Burundi third term election in 2015 of Pierre Nkurunziza and all the other issues entangled in the current leadership.

Therefore the reasoning for staying while the Jubilee government under President Uhuru Kenyatta and DP William Ruto could by law keep the men, even as the trust between the IEBC and the people where in tatters. Still, the viable approach through laws and constitution could let them keep the men in charge and run another election in 2017. Though the perception on the rigging and the embezzlement of government funds would be stamped on the foreheads of the commission as they legacy are filled with CHICKENS. The chickens and facilitation of the ones who bought the ballots and needed electoral equipment for by-elections and other elections who earned extra monies on the transactions; these people shouldn’t be there and they can be compromised by the ability to facilitated to give a counted number instead of real cast ballots, as long as the Commissioner would be given a brown envelope.

The Coalition for Reform and Democracy (CORD) Kenya leader and ODM head Raila Odinga wrote today: “Yesterday, those discussions culminated in a very encouraging development—the expression by the IEBC commissioners of their willingness to resign to allow a new team take over in time for 2017 elections. I wish to congratulate Senators Kiraitu Murungi and James Orengo for the steady leadership to the Joint Select Committee of Parliament that has ensured harmonious and mature discussions which has produced this commendable progress” (…) “I thank all the members of Parliament serving in this committee for putting aside partisan politics and focusing on what really matters at this moment in the history of our country which is the need to have a credible electoral body that enjoys the broad support of a great majority of Kenyans ahead of 2017 elections” (…) “Once the talks began, it quickly became clear that CORD and Jubilee have more in common on the IEBC and how to conduct future elections. This is usually what happens when we choose to talk to each other and not at each other and when we give dialogue a chance” (twitlonger, 04.08.2016).

IEBC-ROADMAP-2017

Also this we’re reported:

“The audit report, which also formed basis of a petition forwarded to the Justice and Legal Affairs Committee by Mr Barasa Nyakuri, blamed the commissioners led by Mr Hassan and part of the secretariat for irregular procurement of the Biometric Voter Registration (BVR) kits for the 2013 elections” (… ) ”Mr Hassan, who has gone to court seeking to have his name expunged from the report, is also alleged to have single sourced lawyers handling the 2013 presidential election petition, in which over Sh380 million was paid to three prominent lawyers” (…) “The select committee has summoned the IEBC commissioners and senior directors at the commission to present their defence before it today, as it works towards finalizing its report within 30 days as contained in the Motion approved by both Houses, which also set its terms of reference” (…) “The committee’s report could be last nail on the coffin of careers of electoral chiefs mentioned adversely in corruption allegations, including the chickengate scandal, and throw a lifeline to those found not to have engaged in fleecing the taxpayers of millions of shillings” (Njagi, John – ‘Team to probe threats on auditor over IEBC report’ 01.08.2016, Nation.co.ke).

As the reports coming in and the mentality of the change is of guards are coming. IEBC had to be changed before the General Election 2017, as the standstill between the opposition and the ruling regime. Still, with these negotiations, that has happen after the dozen of violent demonstrations because of the police brutality.  In this crisis the judgement from the Police and then CS Nkaissery defending their misbehaviour towards the citizens and members of opposition was not just.

Paying Commissioner for thieving:

“Treasury Cabinet Secretary Henry Rotich said the Government will use cash from the Contingency Fund to pay off the commissioners. “We have contingency funds for such unforeseen expenditure if it does occur,” Mr Rotich told the parliamentary select committee on electoral reforms” (…) “This means that the nine, each earning Sh1.2 million per month, will get Sh372,000 for the five years served, translating to Sh1.86 million per person and Sh16.7 million for the team. The current commissioners are Issack Hassan (chairman), Lillian Mahiri-Zaja (vice chairperson), Albert Bwire, Kule Godana, Yusuf Nzibo, Abdullahi Sharawe, Thomas Letangule, Muthoni Wangai and Mohamed Alawi” (Michira, Moses – ‘IEBC bosses will take home Sh180m 04.08.2016 Link: http://www.standardmedia.co.ke/article/2000210764/iebc-bosses-will-take-home-sh180m ).

Nairobi 16.05.2016 Police P2

The Kenyan Parliament must be proud of how they are promising payment and salaries towards the former Electoral Commissioners who we’re embezzling funds. They are initially getting paid for stealing funds from government and even not being trusted with delivering trustworthy elections. Free and Fair elections under their leadership we’re under question as they actions we’re bent for the ruling regime and as their financial adjustments we’re done to create bigger wallets from the ones signing contracts for the IEBC. That shouldn’t be paid to silence and to get rid of them. As John Githongo we’re sent away from addressing corruption for being a whistleblower, the men behind the IEBC scandal shouldn’t be paid, but be sent to court and express their guilt or be free-men for not having evidence of the illegal transaction.

The CORD had grievances with the Electoral procedure and the Electoral laws, not only the Commissioners who could be bought and secure funds for themselves as the Kenyan Constitutional Referendum or the OKOA we’re shut down by the same Electoral Commission under Commissioner Isaack Hassan. The other just happens to follow his lead and create an atmosphere where this is justifiable.

Who will take over for former-IEBC Commissioners are not easy to foresee as the negotiations and the agreement between CORD and Jubilee is not something a man can find the answers on the skyline. The next IEBC men and woman have to be people that the current MPs and Parliamentarians trusts as they will both parties agree to their acts as a Commission and their turn for holding the election. The reality will be that no matter what they do and who get picked they will be scrutinized and should be accountable. As the previous ones tried to keep people in the shadow and keep the monies encircled for themselves instead of trying to reasonable and honourable men who did their duty for their country. They tried to quick fix their own pockets instead of just doing their job and being content. Isaack Hassan and his band of brothers will be remembered for their chickens, not for their work or the ballots casted in the elections. Peace.

Kenya: Preliminary Obejection to Joint Parlimentary Select Committeeon IEBC petitions (01.08.2016)

IEBC Prelimenary Statement 01.08.2016

“Why I rejected Okoa Kenya Referendum,” Issack Hassan speaks (Youtube-Clip)

Press Statement: Office of the Public Prosecuter will look into the ‘Chickengate’ at IEBC scandals of 2009-2011 (19.07.2016)

Kenya EEAC IEBC

Statement by His Excellency Uhuru Kenyatta on the IEBC (08.06.2016)

Kenyatta Ruto Madaraka Day 2016

Dear Kenyans, Good afternoon,

The debate around IEBC reforms has been raging for a while now. And as President, I wish to give direction regarding this matter.

Let me begin by affirming Article 1 of Chapter 1 of our Constitution, which states that “…All sovereign power belongs to the people of Kenya…” But the Article goes ahead to emphasize that this power “…shall be exercised ONLY in accordance with the constitution” Any attempts to exercise it outside the provisions of the constitution not only undermines both the spirit and letter of the constitution, but is also a recipe for confusion and anarchy.

Secondly, let me reaffirm Article 3(1) of the constitution that states; “…every person has an obligation to respect, uphold and defend this constitution” This obligation is NOT an OPTION. It is imperative, mandatory and an irreducible civic duty. As your President, I have sworn to defend it; but as citizens, you have this irreversible duty to protect it.

It is in the spirit of these constitutional provisions that today I held consultations with Religious Leaders drawn from most faiths in the country. I also invited our two speakers, Hon. Justin Muturi of the National Assembly and Hon. Ekwe Ethuro of the Senate to attend.

Cord Presser 06.06.2016

At this meeting we agreed on the following steps on how to move the country forward.

FIRSTLY, Subsequent to the agreement of the Speakers, a Joint Select Committee of both houses of Parliament be set up in accordance with the standing orders of both houses. The mandate of the committee will be strictly and exclusively the matter of IEBC.

SECONDLY, As provided for in the standing orders of both houses of Parliament, and in the constitutional spirit of public participation, all stakeholders, public and private should be accorded an opportunity to make submissions to the joint select committee.

THIRDLY, We expect that other initiatives by Parliament will harmonize their work within the framework of the joint select committee.

FOURTHLY, As the leader of Jubilee, I have convened a meeting of the Parliamentary Group tomorrow morning to agree on the membership and Jubilee’s participation in the joint select committee.

Uhuru Kenyatta, CGH

President

8th June, 2016

DP Ruto: “Cord protests are not different from what Al Shabaab is doing to Kenya” (Youtube-Clip)

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