Kenya: Press Statement on the Status of the Recruitment of Chairperson, Ethics and Anti-Corruption Commission (21.11.2016)
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The demonstrators were protesting against alleged government corruption when police used teargas and batons to disperse them.
GENEVA, Switzerland, November 10, 2016 -A group of UN human rights experts* has condemned a violent clampdown on a peaceful protest in the Kenyan capital, Nairobi, while urging the authorities to investigate claims of excessive use of force and arbitrary arrest – both against demonstrators and journalists – and to hold all perpetrators accountable.
The demonstrators were protesting against alleged government corruption when police used teargas and batons to disperse them. A number of people are reported to have been injured or detained during the incident on 3 November.
“Interference with the right to freedom of peaceful assembly is inexcusable at any time, but it is especially repugnant when demonstrators are calling for government accountability,” the experts said. “Protesters may sometimes raise uncomfortable truths, but holding people in power to account is a central function of peaceful assemblies in a democracy.”
The experts also expressed alarm at the timing of the crackdown, less than a year before Kenyans elect a new president in August 2017. They said creating an environment where opinions could be expressed peacefully was key to avoiding a repeat of the wave of violence which followed the disputed presidential poll in 2007.
“Beating protesters does not make their grudges go away. Rather, it intensifies them, because it sends the message that the government does not care,” they stressed. “This approach does not foster a culture of dialogue; it fosters a culture of violence, which is exactly the opposite of what Kenya needs right now.”
The UN independent experts also expressed grave concern over reports that police had attacked journalists covering the protest, in some cases damaging their equipment.
“International law protects the right of everyone – including journalists and human rights defenders– to observe, monitor and report on such events,” the experts said. “It also imposes a duty on States to protect the rights of monitors to do their jobs, even if the gatherings turn violent. Attacking journalists who perform this important public duty is simply unfathomable.”
The UN Special Rapporteurs called on the Kenyan authorities to respect the demonstrators’ fundamental rights at future protests, and noted that they would be watching developments closely.
(*) The experts: Mr Maina Kiai, Special Rapporteur on freedom of peaceful assembly and of association, Mr. David Kaye, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and Mr. Michel Forst, Special Rapporteur on the situation of human rights defenders.
“When it comes to this issue of corruption that has been at the centre stage of Kenyan public debate, it has frustrated me as President. And I would say why: because the pressure is on me to do something about corruption” (…) “I then sit back and ask: show me an administration, since independence that has tackled corruption like I have done. I have removed everybody who has ever been named or touched upon on the issue of corruption” (…) “I have done my part, at great expense – political. I have told them to step aside, and they have done it; whether guilty or innocent, I suspend them for three months until investigations are concluded” (…) “By the way that pronouncement by itself is unconstitutional. I have no power to suspend them” (…) ”I wish there was a way guilty persons could be charged, but nothing! We set up a multi-agency so that we can coordinate our affairs, still no movement” (…) ““I have taken the actions that I can take within the Constitution. I have given all agencies resources to fight corruption, and I challenge any agency to come out and say that I haven’t given them the resources. I stand accused that the executive is not doing its work. What do you want me to do?” – Uhuru Kenyatta at the State House at the ‘Anti-Corruption & Accountability Summit’ on the 18th October.
Well, Honourable His Excellency President Uhuru Kenyatta of Kenya, your under fire for corruption scandals, something that has been rampant during your administration. There been all kind of corruption scandals all the way into the Judiciary and the Supreme Court, into businesses and even in Parliament. Senators, Governors, Members of Parliament, investors and all kind of people, even Cabinet Secretaries has been burning in your period as the Executive.
This isn’t just about the Kenya Ethics and Anti-Corruption Commission (EACC). This isn’t about that, though that is a tool used by the President for his legitimate fight, even as it been an unused tool since John Githongo we’re “fired” in 2005 by the Mwai Kibaki administration. Since then the EACC has just been a puppet for the Governments of Kenya.
So if the President Kenyatta can complain about the dockworkers and the administration in Mombasa for their corrupt behaviour as they trade the goods through the dock, before it gets loaded on land. There been as long as I remember been the first people the Kenyan Presidents hurried to accuse, but for some reason never sack civil servants running the Mombasa Docks, which for me sounds weird.
We are now in the midst of the unravelling National Youth Scandal (NYS) where billions of shillings went into forged companies of the ones running the NYS fund. That is blowing up and making the CS Sicily Kariuki looking silly, while the main architect hopes to go scotch free like her fellow comrades Josephine Kabura.
This together with a mix-up at the Ministry of Health, that has been diverting funds as well, CS Cleopa Maliu has tried to explain the situation, but the companies that been implicated has done what they can wash their hands clean of the dirty acts of the MOH. The Tax-payers 5 billion shillings just vanished into thin-air and made little progress of the sick. That Mobile Health Stations we’re actually rebranded containers and other projects from the Ministry we’re flawed has further damaged the reputations of the Ministry and their Economic Policies.
If this two wasn’t enough in the times of the Kenyatta Presidency the “Chickengate” and the Independent Boundaries and Electoral Commission (IEBC) has been sacked for their corrupt trades, where they used deliveries to add “chickens” on the recites so they could get extra commissioned for making sure By-Elections happen orderly, even using foreign producers of ballots to skim-off tax-payers monies. This within bound of the current leadership and their hard-work against corruption!
It’s not like Uhuru Kenyatta is earning fortunes on the system today with his giant corporation like Brookside Diaries, that got business with Sameer Agricultural And Livestock Limited in Uganda, also owns a huge stake at the Inyange Industries in Rwanda. He has a stake in the Banque Internationale Pour l’Afrique au Congo (BIAC) in the Democratic Republic of Congo. This together with the valuable Heritage Hotels in Kenya; other corporations are the Commercial Bank of Africa (CBA) that has subsidiaries outside of Kenya as well. In media he owns the Mediamax Group: which controls the K24, Kameme FM and People Daily.
When you owns these businesses and knows the practises well, than he doesn’t see it fit to rock-the-boat. Just keep business as usual as his corporations are growing in size nationally and internationally. This while the government practises are weaker and mediocre, the business aspect is rising. Why should he work against his own corporations, which wouldn’t be a good look as the owner?
Well, at the same time the government has added debt, but also had another questionable Corruption scandal – the Eurobond we’re by September 2016 there we’re actually 215 billion shillings that was unaccounted for. That has never really been explained, even if the International Monetary Fund that been discussing with the Central Bank of Kenya (CBK) and CS Henry Rotich tried to explain it through an all of a sudden transaction to JP Morgan Chase Account in New York in January 2016, that 2 years after the release of the questionable transactions and sale of the Eurobonds.
So I have just these issues that I remember right now, concerning the Jubilee and Kenyatta Government of the present day. With these kind of activity doesn’t make feel like the EACC or any kind of Anti-Graft activity has ever occurred. There are so many more like the Athletics Organizations concerning the Nike Apparel and Agreement between them and NOCK for the Rio Summer Olympics of 2016. So the runners and such we’re not supported as they we’re supposed to do, as the Government and Selected Officials we’re selling the clothes instead of giving it to the Athletes. That is just another one of the corruption scandals in his term.
I do not get the feeling that President Kenyatta has done what he could, what he should, but what he would prefer, to keep it at this present time with business as usual. Not caring about the cases, not interfering, not creating laws or amend government bodies to get more power to intervene on the corrupt behaviour. The President has kept it day-to-day and not tried to stop it. Because it is his loyal troops who are eating of the tax-payers plate. They are bending the laws and accountability to secure funding of the made-up corporations that got tenders by the NYS scandal and so on.
President Kenyatta, if you cared; I am if you’re really serious why does the amount cases keep piling and why is so many people walking scotch free after stealing, thieving and embezzling away government funds? Why do this people walk the streets without any prosecutions or trials of their cases? Why? What does it take to make them guilty of blue-collar crimes?
The real chicken thief is in the nearest sell of Eldoret or Kisii. But if they we’re suits sophisticated stealing like the Anglo-Leasing deal with the Kenya Defence Force than the men and woman walk talking to Kidero or any other governor with a grin. This is the same happing in your time and under your permission Mr. President. Time to act upon that!! If you meant the words you uttered out of your mouth in the State House in October this year. Peace.
For those who have been surprised by the recent allegation and findings in the #Panama Papers that incites lots of politicians, the general elites and businessmen connected close to the governments. The money always talks, the money always moves and by any means possible.
For the wealthy and close connected they have the ability to forge networks and find businesses that earns coins on helping to move that money. But that is not for the ordinary people, as we pay a fortune to use RIA or Western Union to move between usually loved ones. But the Panama Papers are for whole other ordeal.
This here is for Tax Aviation’s and getting rid of extra burdens on the solid amount money they have gained. The persons and companies are set-up Shell-Companies to stack up money in British Virgin Island (BVI), Panama or Luxemburg. As this places doesn’t have that many inhabitance or sheep to earn money on, they earn tiny percentage on being “big-banks” for all kind of operations, while securing that the companies and persons involved can keep it discreet and silence. Until cover-ups like the recent ones shows the true color of the amount of money, that are dished away. The money that are stashed-away is millions upon millions of American Dollars; dipped away in a treasury chests that most economies would dream of having in circulation!
That should not be surprising as all of well-known government leaders are setting up and making it possible to have sophisticated economic systems that cross-borders for the benefit of trade; while these are used to ship the money from the places that have initially no taxes and programs that made up to build societies. This is also the places where they can have it without any concern, except some extra sunshine and a family resort at the beach, though I would not consider that in Luxemburg, unless suits and gas-stations are your thing.
The business-men and government officials, even relatives usually walks around with that without problems for decades as the banks, and the legal advocates set-up this fixed businesses to secure the fueling of their money. The worst thing is the loopholes and the ways that this decisive methods to undermine the local public to create and secure more funds for already wealthy clients. Where the bank as HSBC and lawyers of Mossack Fonseca divided fees to pocket the money that the client needed to send away from the shores and country-sides; where the money was raised and earned. While getting away from local agony of having fortunes and paying taxes on the high-incomes earned to the local communities.
If you we’re shocked of the values and the persons that was involved in the scandal of late, I wasn’t as the government officials, presidents sons and daughters; kin and other close connections have always gained extra through the cronyism or nepotism have been a thing since the Roman Empire, and does not stop any time soon. That the President Museveni of Uganda owns businesses and would have dashed a fortune for his grandchildren in an tax-haven through multiplied shell-companies. The same would not also be surprising on the Kenyan President Kenyatta who recently brought Sameer Diary and Livestock Limited who sells ‘Fresh Diary’ in Uganda through his company Brookeside. Surely his kins and family have some money abroad to secure in dire times might come. The same is certainly with President Kagame, who even been seen during the scandal that RPF-Elite men have been insiders in the scandal, as President Kagame have control and ease over it; surely he would skim over the top and gain some extra funds as the Executive. Similar is it in Democratic Republic of Congo where President Kabila sister is central profile in the scandal and shows how the monies and funds appear in tax-havens as she owns businesses and also the centralized economy around nepotistic and cronyism. Something that should not be shocking for anyone.
What this scandal shows is the amounts and estimates, this is through to major companies who serves this clients that are close by this totalitarian and big-men leaders who have close connected with central industries as they have to be granted and get contracts with government to drill oil, mining or even gain markets in the countries. With that power comes also embezzlement, kick-backs and percentage of the top that get skimmed through the advanced economic products that the blue-collar lawyers and bankers offers; they do that legally, but in a moral grey area as this thieving of government controlled funds in the name of the beneficiary or the shell-company in discreet secrecy. It’s not only dictators and their wives who are into it, I am sure if it wasn’t for the failed ‘Wonga Coup’ Mark Thatcher would still be up to game as the son-fallen from grace and proud family tradition; as even David Cameroon have been put into the mix. There is no shortfall when it comes to greed, and corporate greed never stops.
As the world leaders tries the best to hide their businesses and ownership through shell-companies and strawmen, or getting a cousin to run the business kind of like what Trump does to his son, just a little more subtle.
The governments are taking the sides of happy uncles as they all tries to open trades with tax-havens to keep businesses in their countries. The Companies who in many countries are seen as “Legal Person” can own land, own other businesses and be sued. Certainly with that power as stakeholders and shareholders does not care about other things than the bottom-line, they want to sell or sell enough services so that their earning a profit, by any means. That is why big businesses have been taken for tax-evasion in the UK this was Amazon and other online-retailers as they we’re officially legal unit in a tax-haven and not in the United Kingdom, though the products bought on Amazon was sent from a warehouse in UK, and sent to UK houses. The transaction between costumer who got the book from Amazon payed to a British account, but before the cash kissed the taxation to the Government of UK, it was sent to multiply Amazon shell-companies before ending at a Tax-haven. So that the United Kingdom get only pennies in tax compared to the Pound Sterling the UK state was supposed to earn from the Amazon LLC. That is just an example, but still important as a precise maneuvers the companies and international companies do, so they does not pay full-taxes or truthfully through sophisticated economic programs and revisions get the monies through foreign banks and tax-havens with help of legal teams in companies similar to Mossack Fonseca.
How to set up shop:
The LLC and Shell Companies will be used in market strategies as ghost straw-men for the owners sending monies through networks of intricate syndicates and money-laundering operations; That make Uncle Scrooge or Scrooge McDuck wishing he was a real person and not a cartoon character made up by Carl Barks in 1952; instead he is owning a Oil Company drilling oil in either Kazakhstan, Nigeria or North Dakota. Where he got the proceedings through UBS AG or HBSC; where the profit gets through manufactured holding companies and sent to BVI or Guernsey; where the McDuck Oil Company has headquarter, by official paperwork. That paperwork is written and made by lawful actions through Mossack Fonseca; while most of the Blue-Collar men are working in the unofficial Headquarters in the heart in the City of London or New York. But their taxing is little or near none there, because of McDonald Oil is fixed in Guernsey; Where they only have a Post-Box at the island; which by my reckoning would forward the mail to London or New York as the employees would actually be there.
This is a way of getting the bottom-line and the more of the ends directly to the stakeholders and owners of these companies tries to advance with this opportunities, that we the ordinary citizen, commoner, person or fellow human being would not be offered, since we don’t have the money to fix this or hire these men to forward our money, as we need the cash we have to get a home rent or buy, get food on the plate, pay electricity, airtime, taxes and then trying to get a chocolate bar once in a while. There is where we are. The once who was surprised about these papers have had too much faith in their rich, the elites and the once who has fortunes. They do not want to share that fortune that they have earned on our governments and our consumption; while trying to avoid giving something back to society, and giving the government more funds to develop the society the rich are doing business in. Peace.