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Post by job on Aug 15, 2012 0:46:22 GMT 3
What has been Eugene Wamalwa's role in the coalition government?Eugene Wamalwa - emerging as the biggest anti-Katiba handy-man If you want to know the real enemies of Kenya’s reforms, look no further than the ever-smiling (but conniving and devious) Eugene Wamalwa[/u]. Ever since his public extolling by the President’s son (Jimmy Kibaki) and close association with Uhuru Kenyatta and William Ruto, this Mt. Kenya mafia poodle has been exposed as one of the greatest enemies of Kenya’s reforms; especially the new Constitution. The tricksters, led by propagandist Tony Gachoka, have been promoting this Uhuru Kenyatta side-kick as a viable future leader of Kenya while using him to systematically mutilate key reforms enshrined within our new Constitution..[/b] Eugene tucked in between the ethically-challenged opponents of the Katiba and it's anchoring Integrity Bill.In the short period he replaced Mutula Kilonzo as Justice and Constitutional Affairs Minister, Eugene Wamalwa will go down in history as having (based on a well researched audit report conducted by the Daily Nation – available in their digital edition of Tuesday August 14th, 2012): • Deleted 28 clauses from CIC version of Integrity Bill ( initially supported by Mutula Kilonzo).
• Paved way for people with questionable integrity or serious ongoing criminal cases to vie for top public positions (Presidency, Senate, Governorship, MP, County Assembly)
• Reversed strict Constitutional rules for vetting public officials
• Eliminated the constitutionally-guaranteed public participation during public appointments
• Removed the requirement for receipt of a “certificate of compliance” from the Ethics and Anti-Corruption Commission (EACC), NSIS, KRA (tax-collector), National Police Service, and Higher Education Loans Board for all seeking public office (as was contained in the CIC Bill, initially supported by Mutula Kilonzo).
• Mutilated the requirement for severe punishment for leaders failing the integrity test while in office (changing it from total disbarment for 10 years and jail-time; to a mere slap with a fine of Sh 5 million)
• Completely deleted the requirement for wealth declaration (in public) for all leaders aspiring for public offices. We shall now not know the net worth of all candidates vying for the Presidency, unlike modern democracies like the USA.
• Eliminated the requirement for the EACC to institute inquiries related to unexplained income while in public office; something the new Constitution is quite clear about.
• In a clear attempt to subvert cooperation with the ICC (on behalf of his paymaster Uhuru Kenyatta), Eugene Wamalwa has ridiculously introduced a clause that threatens public officials against cooperating with ‘foreign governments’. From Wamalwa’s team of drafters… “ A State officer shall not further the interests of a foreign government, organization, or individual, in a manner that may be detrimental to the security interests of Kenya”. This cunning and vague clause with undefined parameters is obviously a trap meant to threaten public officials against dealing with any foreign entities including the ICC and foreign embassies.
• Removed the clause that would have barred (as required by the new Constitution) state and public officers to do business with their close relatives and friends using public funds. The original CIC Bill, taking cue from the new Constitution, specifically barred the use of government resources to award contracts to “State officer’s spouse, child, relative, friend, or any other person with direct or indirect pecuniary interest with the officer”. Wamalwa has lobbed this out on behalf of his Mt. Kenya mafia paymasters! Uhuru Kenyatta obviously wants public funds to continue profiting his businesses at CMC motors (supply of VW passats), Commercial Bank of Africa (high-interest-rate domestic loans to Treasury) or holding expensive public seminars at his various resorts and hotels. The new Constitution was threatening this until – ‘savior’ Eugene Wamalwa came to his rescue.
• Wamalwa has also exempted future Cabinet Secretaries (Ministers) and County executive committee members from the clause requiring all appointed State officers to be politically neutral. To fully appreciate the significance of this particular anti-reform mutilation, one only needs to look at the personal and political relationship between Eugene Wamalwa himself and one Tony Gachoka. Eugene has appointed Tony Gachoka into a public office (paid by taxpayers) to specifically play dirty political games (on his and Uhuru’s behalf) targeting the Prime Minister Raila Odinga. Gachoka is an appointed senior state officer working in Wamalwa’s Ministry of Justice and paid by Kenyan taxpayers close to 1 million shillings per month. Tony Gachoka was hired by Uhuru and Wamalwa to dig up KNCHR records from the Justice Ministry archives in a desperate pursuit of the Prime Minister Raila Odinga. That is the genesis of this brouhaha about Gachoka and his botched trip to the Hague. It’s all silly politics at the expense of the Kenyan taxpayers. Uhuru and Wamalwa want to retain this clause of allowing state officials to continue playing politics while in public office, so they can continue targetting their political rivals in future. This is basically the vision of these anti-reform agents.
• Wamalwa’s extracurricular and anti-reform activities (on behalf of Kenyatta) has extended beyond this Leadership and Integrity Bill. He has also pounced upon and watered-down at least 8 other Bills including the Petition to Parliament Bill; the Petition to County Assemblies Bill; the Assumption of Office of the President Bill; the National Intelligence Service Bill; the National Security Service Bill; the National Security Council Bill; the Kenya Defense Forces Bill and is currently in the process of mutilating the Campaign Financing Bill. From the above, it is clear that Wamalwa’s master, Uhuru Kenyatta is seriously angling to control all security and legislative apparatuses of the country. That's besides reversing integrity requirements in public service to allow for continued corruption, electoral fraud, crimes against humanity, ineptitude, tribalism and other unethical business-as-usual 'opportunities' of the old order.
It’s as if Eugene Wamalwa is customizing our brand new Constitution to fit the whims of one legally-besieged individual called Uhuru Kenyatta. Former Justice Minister Mutula Kilonzo would have never allowed such devious and ominous developments to proceed right under his nose – no wonder they kicked him out of this crucial Ministry. Mutula Kilonzo's exit from the Justice Ministry paved way for serious attacks by the Wamalwa-Uhuru axis on our new reformsTo quote from the Daily Nation’s own audit report, “Eugene Wamalwa has engineered the watering-down of the Leadership and Bill to an extent it won’t serve the purpose envisaged in Chapter Six of the Constitution.” The Commission on Implementation of the Constitution (CIC) has in fact protested against Wamalwa’s mutilation of the Katiba through these transition Bills. I repeat for clarity, Eugene Wamalwa will go down in history as one of the first vultures hired to mutilate our brand new Constitution on behalf of the same retrogressive masters of impunity who’ve stifled Kenya’s growth for the last 50 years. Together with Attorney General Githu Muigai, Wamalwa has probably inflicted the most damage (yet) to the recently promulgated Constitution. The ethics and moral standards injected by the new Constitution have been dealt a serious blow by him. Casual observers would have thought Eugene Wamalwa’s would do better than Mutula Kilonzo when it comes to reforms. The plain truth however is – Wamalwa has proved to be a hopeless anti-reform agent working for Uhuru Kenyatta. His appointment at the Justice and Constitutional Affairs Ministry was specifically planned to effect successful mutilation of Katiba-anchoring Bills; most importantly, the Leadership and Integrity Bill. Wamalwa has gone further, as if on steroids, having already mutilated 8 other reform anchoring Bills. He has been unmasked as one of the country's worst enemies.
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Post by einstein on Aug 15, 2012 1:15:35 GMT 3
I think the Leadership and Integrity Bill is the line in the sand for the Constitution of Kenya 2010. If we allow this bill, and the provisions in Chapter 6, to be watered down to the extent that our current calibre of politicians can run then we should be prepared for a full fledged frontal attack on other provisions of the Constitution. This isn't about Uhuru, Ruto, RAO, Mudavadi or anyone running today, it is about whether we will be a republic, one ruled by law and not by an elite that it is completely above the law. I am shocked how much we seem to be treating this as business as usual, we have illegally appointed County Commissioners, an unreformed Police Force and now the anti- reformists/ status quoists are taking aim at the Judiciary. Many of us have said that 2012, now 2013, would be a watershed election, perhaps our mistake was/is in thinking the battle would mirror the 2007/8 PEV, i.e. post election. It would seem a decision has been made that the battle will be before the election, the election will be a fait accompli. The particularly dangerous thing in my view is that this case may have the unintended consequence of bringing together people who are currently foes, because any presidential candidate with alleged integrity issues (especially corruption and political violence allegations) will work jointly with Uhuru and Ruto to ensure the dilution of Chapter 6 and Leadership and Integrity Bill, whether they are enjoined in this case or not. Malkia,
Do not worry about Chapter 6 and Leadership and Integrity Bill. Charles Nyachae and co wako macho.
I read somewhere that he plans to go to court should President Kibaki sign into law the watered-down bill on Leadership and Integrity.
But I cannot get my hands on that link right now. Maybe someone can get it for the board. Oh my God,I did not know it was that bad already!
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Post by reporter911 on Aug 15, 2012 2:49:48 GMT 3
What has been Eugene Wamalwa's role in the coalition government? If you want to know the real enemies of Kenya’s reforms, look no further than the ever-smiling (but conniving and devious) Eugene Wamalwa. Ever since his public extolling by the President’s son (Jimmy Kibaki) and close association with Uhuru Kenyatta and William Ruto, this Mt. Kenya mafia poodle has been exposed as one of the greatest enemies of Kenya’s reforms; especially the new Constitution. The tricksters led by propagandist Tony Gachoka have been promoting this Uhuru Kenyatta side-kick as a viable future leader of Kenya.In the short period he replaced Mutula Kilonzo as Justice and Constitutional Affairs Minister, Eugene Wamalwa will go down in history as having (based on a well researched audit report conducted by the Daily Nation – available in their digital edition of Tuesday August 14th, 2012): • Deleted 28 clauses from CIC version of Integrity Bill (as was contained in the CIC Bill, initially supported by Mutula Kilonzo).
• Paved way for people with questionable integrity or serious ongoing criminal cases to vie for top public positions (Presidency, Senate, Governorship, MP, County Assembly)
• Reversed strict Constitutional rules for vetting public officials
• Eliminated the constitutionally-guaranteed public participation during public appointments
• Removed the requirement for receipt of a “certificate of compliance” from the Ethics and Anti-Corruption Commission (EACC), NSIS, KRA (tax-collector), National Police Service, and Higher Education Loans Board for all seeking public office (as was contained in the CIC Bill, initially supported by Mutula Kilonzo).
• Mutilated the requirement for severe punishment for leaders failing the integrity test while in office (changing it from total disbarment for 10 years and jail-time; to a mere slap with a fine of Sh 5 million)
• Completely deleted the requirement for wealth declaration (in public) for all leaders aspiring for public offices. We shall now not know the net worth of all candidates vying for the Presidency, unlike modern democracies like the USA.
• Eliminated the requirement for the EACC to institute inquiries related to unexplained income while in public office; something the new Constitution is quite clear about.
• In a clear attempt to subvert cooperation with the ICC (on behalf of his paymaster Uhuru Kenyatta), Eugene Wamalwa has ridiculously introduced a clause that threatens public officials against cooperating with ‘foreign governments’. From Wamalwa’s team of drafters… “ A State officer shall not further the interests of a foreign government, organization, or individual, in a manner that may be detrimental to the security interests of Kenya”. This cunning and vague clause with undefined parameters is obviously a trap meant to threaten public officials against dealing with any foreign entities including the ICC and foreign embassies.
• Removed the clause that would have barred (as required by the new Constitution) state and public officers to do business with their close relatives and friends using public funds. The original CIC Bill, taking cue from the new Constitution, specifically barred the use of government resources to award contracts to “State officer’s spouse, child, relative, friend, or any other person with direct or indirect pecuniary interest with the officer”. Wamalwa has lobbed this out on behalf of his Mt. Kenya mafia paymasters! Uhuru Kenyatta obviously wants public funds to continue profiting his businesses at CMC motors (supply of VW passats), Commercial Bank of Africa (high-interest-rate domestic loans to Treasury) or holding expensive public seminars at his various resorts and hotels. The new Constitution was threatening this until – ‘savior’ Eugene Wamalwa came to his rescue.
• Wamalwa has also exempted future Cabinet Secretaries (Ministers) and County executive committee members from the clause requiring all appointed State officers to be politically neutral. To fully appreciate the significance of this particular anti-reform mutilation, one only needs to look at the personal and political relationship between Eugene Wamalwa himself and one Tony Gachoka. Eugene has appointed Tony Gachoka to play dirty political games (on his and Uhuru’s behalf) targeting the Prime Minister Raila Odinga. Gachoka is an appointed senior state officer working in Wamalwa’s Ministry of Justice and paid by Kenyan taxpayers close to 1 million shillings per month. Tony Gachoka has been specifically hired by Uhuru and Wamalwa to dig up KNCHR records from the Justice Ministry archives in a desperate pursuit of the Prime Minister Raila Odinga. That is the genesis of this brouhaha about Gachoka and his botched trip to the Hague. It’s all silly politics at the expense of the Kenyan taxpayers. Uhuru and Wamalwa want to retain this clause of allowing state officials to continue playing politics while in public office, so they can continue targetting their political rivals in future. This is basically the vision of these anti-reform agents.
• Wamalwa’s extracurricular and anti-reform activities (on behalf of Kenyatta) has extended beyond this Leadership and Integrity Bill. He has also pounced upon and watered-down at least 8 other Bills including the Petition to Parliament Bill; the Petition to County Assemblies Bill; the Assumption of Office of the President Bill; the National Intelligence Service Bill; the National Security Service Bill; the National Security Council Bill; the Kenya Defense Forces Bill and is currently in the process of mutilating the Campaign Financing Bill. From the above, it is clear that Wamalwa’s master, Uhuru Kenyatta is seriously angling to control all security and legislative apparatuses of the country.
It’s as if Eugene Wamalwa is customizing our brand new Constitution to fit the whims of one legally-besieged individual called Uhuru Kenyatta. Former Justice Minister Mutula Kilonzo would have never allowed such devious and ominous developments to proceed right under his nose – no wonder they kicked him out of this crucial Ministry. To quote from the Daily Nation’s own audit report, “Eugene Wamalwa has engineered the watering-down of the Leadership and Bill to an extent it won’t serve the purpose envisaged in Chapter Six of the Constitution.” The Commission on Implementation of the Constitution (CIC) has in fact protested against Wamalwa’s mutilation of the Katiba through these transition Bills. I repeat for clarity, Eugene Wamalwa will go down in history as one of the first vultures hired to mutilate our brand new Constitution on behalf of the same retrogressive masters of impunity who’ve stifled Kenya’s growth for the last 50 years. Together with Attorney General Githu Muigai, Wamalwa has probably inflicted the most damage (yet) to the recently promulgated Constitution. The ethics and moral standards injected by the new Constitution have been dealt a serious blow by him. Casual observers would have thought Eugene Wamalwa’s would do better than Mutula Kilonzo when it comes to reforms. The plain truth however is – Wamalwa has proved to be a hopeless anti-reform agent working for Uhuru Kenyatta. His appointment at the Justice and Constitutional Affairs Ministry was specifically planned to effect successful mutilation of Katiba-anchoring Bills; most importantly, the Leadership and Integrity Bill. Wamalwa has gone further, as if on steroids, having already mutilated 8 other reform anchoring Bills. He has been unmasked as one of the country's worst enemies. Are you talking about the NEW CONSTITUTION? if so why should he be alllowed single handedly to change the law? I thought that was what happened in the Old Constitution era? Explain please!!! can't he be stopped by Kenyan citizens filing suits against his rubbishing the law? this is urgent explanation required Job or any Jukwaa member who understand the law of the land clearly!!HELP!!
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Post by job on Aug 15, 2012 3:44:26 GMT 3
Reporter,
Of course Eugene Wamalwa is discombobulating the brand new Constitution on behalf of his master Uhuru Kenyatta. He is doing it through the transition bills that were meant to anchor the new Constitution. His Justice Ministry is responsible for originating several of these Bills. While manning the Ministry, Mutula Kilonzo was doing an excellent job - strictly obeying the new Constitution's high standards. This was certainly depressing the impunity merchants who then decided to remove him (Mutula) from this sensitive docket. In his place came Eugene Wamalwa; and the mutilation of the new Constitution began in earnest.
It is indeed terrible and disheartening going through the 28 clauses Eugene Wamalwa has specifically changed - which tear down the high ethical and moral standards set up by new Constitution. Even simple processes like vetting of public appointees which we have seen working wonderfully in the Judiciary - Eugene and Uhuru want them removed. They want to stop public participation in appointments. They have watered-down the vetting process. They want to give a free pass to questionable characters charged with serious criminal charges to run for any public office - yet what we have recently practiced is for those (public officials) charged in court stepping aside until clearance by the court.
Whereas Mutula Kilonzo accurately read the new Constitution's Chapter 6 - which sets a new and high standard for integrity (ethical and moral) for leaders - Eugene has reversed all that with the stroke of a pen. Eugene is ignoring the new Constitution's requirements so as to give a free-pass to Uhuru Kenyatta to run for President...so the latter can appoint him running mate. That act in itself goes against the integrity chapter of the new Constitution. It is indeed pure corruption (illegal) trading a future appointment as running mate in exchange for drafting watered-down and unconstitutional Bills.
If this was the U.S., Eugene Wamalwa would be subjected to a grand jury investigation by a special prosecutor; and likely be fired and charged with multiple felonies for corruption and abuse of office. But hey, this is Kenya, where anything goes as impunity reigns supreme. Most of the public don't even know the intrigues going on at the Justice Ministry, leave alone do something about it. A minority that knows may just watch haplessly in despair. Only very few would act. I'm not a lawyer but have already contacted a few legal insiders in the civil society to explore whether a case can be brought against Eugene Wamalwa in court.
As he deviously wears a broad smile, Eugene can meanwhile continue using his position (as Justice and Constitutional Affairs Minister) to dismantle the Constitution on behalf of Uhuru Kenyatta, so as to earn a ticket for running mate. We shall see where it gets him. The duo are slowly but surely taking us back to the old constitutional order - right in front of our eyes. Na mta do? That's likely their attitude. We shall see.
We the people, can and should do something. It starts by pointing these issues out and informing the public; for example how devious a character like Eugene Wamalwa has become...actively mutilating the brand new Katiba just to fulfill his selfish quest to be Uhuru Kenyatta's running mate. Filing cases is another option.
These are the biggest challenges facing our nation - serious ongoing activities and threats against our brand new Katiba. These anti-reformers are even trying to use the vitriol from Miguna to disabuse the obvious notion that the next election is going to be a choice between electing a reformer as President, or a non-reformer. They don't want it framed under such terms for obvious reasons. Meanwhile, they're ginning up propaganda to paint everyone as dirty...to confuse and cloud the voters' eyes.
As they dismantle the new Katiba, they're already conflating and obfuscating the clear lines between their anti-reformist activities on one hand; and calls for strict adherence to the new Constitution being made on another side. That's what these impunity merchants are adept at - creating general confusion then arrogantly thumping their chests; hoping the largely gullible public won't realize their surreptitious activities. How many people even knew Wamalwa was engineering such terrible things (outlined above)?
If you ask an ordinary voter in Trans Nzoia what they think of Eugene Wamalwa, you'll probably hear positive adjectives describing things like youth; reform; fresh; change; bright future and such; which are quite contrary to what he is actively doing to stifle those same voters (on behalf of Uhuru Kenyatta). Of course there can be no land reforms under any Kenyatta administration - but how many voters know this? Whether Eugene is Kenyatta's running mate or not doesn't change the fact that his backyard voters will be worse off under an anti-reformist government.
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Post by reporter911 on Aug 15, 2012 4:04:59 GMT 3
Reporter,Of course Eugene Wamalwa is discombobulating the brand new Constitution on behalf of his master Uhuru Kenyatta. He is doing it through the transition bills that were meant to anchor the new Constitution. His Justice Ministry is responsible for originating several of these Bills. While manning the Ministry, Mutula Kilonzo was doing an excellent job - strictly obeying the new Constitution's high standards. This was certainly depressing the impunity merchants who then decided to remove him (Mutula) from this sensitive docket. In his place came Eugene Wamalwa; and the mutilation of the new Constitution began in earnest. It is indeed terrible and disheartening going through the 28 clauses Eugene Wamalwa has specifically changed - which tear down the high ethical and moral standards set up by new Constitution. Even simple processes like vetting of public appointees which we have seen working wonderfully in the Judiciary - Eugene and Uhuru want them removed. They want to stop public participation in appointments. They have watered-down the vetting process. They want to give a free pass to questionable characters charged with serious criminal charges to run for any public office - yet what we have recently practiced is for those (public officials) charged in court stepping aside until clearance by the court. Whereas Mutula Kilonzo accurately read the new Constitution's Chapter 6 - which sets a new and high standard for integrity (ethical and moral) for leaders - Eugene has reversed all that with the stroke of a pen. Eugene and Uhuru are slowly but surely taking us back to the old order - right in front of our eyes. Na mta do? That's likely their attitude. I guess, we the people, should do something. It starts by pointing these issues out and informing the public; for example how devious a character like Eugene Wamalwa has become... actively mutilating the brand new Katiba just to fulfill his selfish quest to be Uhuru Kenyatta's running mate. This is the biggest challenge facing the nation. These anti-reformers are even trying to use the vitriol from Miguna to disabuse the obvious notion that the next election is going to be a choice between electing a reformer as President, or a non-reformer. They don't want it framed under such terms for obvious reasons. Meanwhile, they're ginning up propaganda to paint everyone as dirty...to confuse and cloud the voters' eyes. As they dismantle the new Katiba, they're already conflating and obfuscating the clear lines between their anti-reformist activities on one hand; and calls for strict adherence to the new Constitution being made on another side. That's what these impunity merchants are adept at - creating general confusion then arrogantly thumping their chests; hoping the largely gullible public won't realize their surreptitious activities. How many people even knew Wamalwa was engineering such terrible things (outlined above)? If you ask an ordinary voter in Trans Nzoia what they think of Eugene Wamalwa, you'll probably hear positive adjectives describing things like youth; reform; fresh; change; bright future and such; which are quite contrary to what he is actively doing to stifle those same voters (on behalf of Uhuru Kenyatta). Of course there can be no land reforms under any Kenyatta administration - but how many voters know this? Whether Eugene is Kenyatta's running mate or not doesn't change the fact that his backyard voters will be worse off under an anti-reformist government. SO CAN ANY ORDINARY MWANAICHI FILE A CASE AGAINST WAMALWA? FOR ALL THE CHANGES HE HAS MADE WITHOUT CONSULTING THE CITIZEN OF KENYA? AND WHAT THE HELL ARE THE MEMBERS OF PARLIAMENT DOING ALLOWING HIM TO PROCEED WITH SUCH CRIMES? INSTEAD OF WAITING FOR HIM TO CONTINUE HIS DESTRUCTION COLLECTIVE ACTION LAW SUIT SHOULD BE APPLIED !! THIS IS MY OWN OPINION.. IS THERE A WAY A CASE CAN BE PUT AGAINST HIM? AND IF SO HOW CAN ORDINARY KENYANS CITIZENS FILE A CASE AGAINST HIM? AND REMIND ME IS TONY GACHOKA WAMALWA'S ADVISER? IS THAT WHY HE HAS BEEN SEEN HANGING AROUND HIS OFFICE CORRIDORS AS RUMOUR ALLEGE? AND IS THERE A CONNECTION WITH TONY'S NEW FOUND PEV INFORMATION?
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Post by OtishOtish on Aug 15, 2012 4:14:29 GMT 3
AND REMIND ME IS TONY GACHOKA WAMALWA'S ADVISER? IS THAT WHY HE HAS BEEN SEEN HANGING AROUND HIS OFFICE CORRIDORS AS RUMOUR ALLEGE? AND IS THERE A CONNECTION WITH TONY'S NEW FOUND PEV INFORMATION? As far as I know, Gachoka has been employed as a "consultant" by the Minister for Justice, and, you the taxpayer, are footing the bill for his comedy routine.
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Post by reporter911 on Aug 15, 2012 4:18:44 GMT 3
AND REMIND ME IS TONY GACHOKA WAMALWA'S ADVISER? IS THAT WHY HE HAS BEEN SEEN HANGING AROUND HIS OFFICE CORRIDORS AS RUMOUR ALLEGE? AND IS THERE A CONNECTION WITH TONY'S NEW FOUND PEV INFORMATION? As far as I know, Gachoka has been employed as a "consultant" by the Minister for Justice, and, you the taxpayer, are footing the bill for his comedy routine. WHAT? Kenya taxpayers must demand to know how much their hard earned money is footing TONY GACHOKA's bills including airfare to NETHERLANDS that he paid before he was denied a Visa!! this is ridicules! Eugene Wamalwa must come clean when it comes to abusing his office! awache upuzi! CLASS CASE ACTION IS CALLED FOR PRONTO!!
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Post by job on Aug 15, 2012 4:41:41 GMT 3
Reporter,
Indeed Parliament has more than enough powers to stop Eugene Wamalwa’s antics on its tracks. On advice from CIC, Parliament’s Justice Committee and CIOC could even demand changes to these Bills so as to conform to the new Constitution. Moreover, MPs can vote down these watered-down Bills in the house floor. But then there’s what we call reality. The reality is that our MPs are basically guns for hire – ready to play for the highest bidder. There’s a band of MPs colloquially referred to as the Uhuruto mob in Parliament. They will easily provide swing numbers to pass through all these unconstitutional Bills which go against the spirit and letter of the new Constitution.
Remember many of them were in the NO brigade – fiercely opposed to the new Constitution in the first place. These are some of the things that make implementation of the new Katiba quite problematic. We have many MPs supporting these Eugene/Kenyatta edicts; opposed to the new Constitution; and most that are specifically fearful that the new standards for integrity outlined in Chapter 6 may knock they themselves out. Bunge is therefore the last place to place any hope in reversing the damage currently being created by Eugene and Kenyatta.
Regarding Tony Gachoka, yes, he is indeed a public employee in the Justice Ministry – employed under contract (like Miguna was in the PM’s office). He was employed by Eugene Wamalwa himself. Despite the Justice Ministry PS trying to distance himself (& his Ministry) from Gachoka, the latter is a consultant adviser to the Minister of Justice and Constitutional Affairs & National Cohesion - Eugene Wamalwa. He was assigned specific anti-Raila tasks. One of his first assignments involved going to one of the public agencies under the Ministry, the KNCHR. Letters had to be written, old files and records sought, in Gachoka's bid to dig up KNCHR archives to see how he could implicate the Prime Minister in PEV. These must have been the instructions given to Gachoka from Eugene and Uhuru Kenyatta.
That is how Gachoka ended up with an earlier (uncorroborated) version of the KNCHR report. He has tried to use that to now gin up political chicanery with the ICC judicial process. But neither the ICC nor the Dutch Embassy fell for his tricks. He was promptly denied a visa; essentially told to play his games in Kenya. He is now purportedly going to local Kenyan courts - to waste their precious time – a clear abuse of the court system (with these silly political games). All these at the expense of taxpayers! That’s how galling these impunity merchants operate; wasting state resources on a multitude of desperate anti-Raila projects.
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Post by reporter911 on Aug 15, 2012 5:06:42 GMT 3
Reporter,Indeed Parliament has more than enough powers to stop Eugene Wamalwa’s antics on its tracks. On advice from CIC, Parliament’s Justice Committee and CIOC could even demand changes to these Bills so as to conform to the new Constitution. Moreover, MPs can vote down these watered-down Bills in the house floor. But then there’s what we call reality. The reality is that our MPs are basically guns for hire – ready to play for the highest bidder. There’s a band of MPs colloquially referred to as the Uhuruto mob in Parliament. They will easily provide swing numbers to pass through all these unconstitutional Bills which go against the spirit and letter of the new Constitution. Remember many of them were in the NO brigade – fiercely opposed to the new Constitution in the first place. These are some of the things that make implementation of the new Katiba quite problematic. We have many MPs supporting these Eugene/Kenyatta edicts; opposed to the new Constitution; and most that are specifically fearful that the new standards for integrity outlined in Chapter 6 may knock they themselves out. Bunge is therefore the last place to place any hope in reversing the damage currently being created by Eugene and Kenyatta. Regarding Tony Gachoka, yes, he is indeed a public employee in the Justice Ministry – employed under contract (like Miguna was in the PM’s office). He was employed by Eugene Wamalwa himself. Despite the Justice Ministry PS trying to distance himself (& his Ministry) from Gachoka, the latter is a consultant adviser to the Minister of Justice and Constitutional Affairs & National Cohesion - Eugene Wamalwa. He was assigned specific anti-Raila tasks. One of his first assignments involved going to one of the public agencies under the Ministry, the KNCHR. Letters had to be written, old files and records sought, in Gachoka's bid to dig up KNCHR archives to see how he could implicate the Prime Minister in PEV. These must have been the instructions given to Gachoka from Eugene and Uhuru Kenyatta. That is how Gachoka ended up with an earlier (uncorroborated) version of the KNCHR report. He has tried to use that to now gin up political chicanery with the ICC judicial process. But neither the ICC nor the Dutch Embassy fell for his tricks. He was promptly denied a visa; essentially told to play his games in Kenya. He is now purportedly going to local Kenyan courts - to waste their precious time – a clear abuse of the court system (with these silly political games). All these at the expense of taxpayers! That’s how galling these impunity merchants operate; wasting state resources on a multitude of desperate anti-Raila projects. Job If Parliament can't stop this Eugene Wamalwa disruptive madness towards the Constitution( most Mp's asleep I hope they are all swept out of office in the next elections.. they have failed as constitution gate keepers- Kenyans must wake up NOW!!) then where are the activists like MARS GROUP? to take this fight? this is very serious.. Can Ordinary Kenyans citizens block Eugene Wamalwa in Kenya courts? file a suit? mobilize ordinary Kenyans to file a suit.. where are the Pro- Constitution Kenyan lawyers when they are need? esh!!
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Post by job on Aug 15, 2012 5:46:35 GMT 3
Reporter,
The Chairman of CIC has actually criticized Eugene Wamalwa's antics - which have actually been fully endorsed by the Kibaki-Chaired Cabinet. The cabinet has largely agreed with these anti-reform measures; which is a sign of what is likely to happen in Parliament. Most in the cabinet are themselves ethically and morally challenged fellas themselves.
I'm now informed that CIC Chair - Charles Nyachae - has promised to go to court to sue the cabinet for watering down the Constitutional requirements for integrity in the Leadership and Integrity Bill.
If the Judiciary expeditiously deals with it - the Bills (or laws if already passed) may be deemed unconstitutional; automatically calling for their redrafting. I sense this is where we may be heading. Thank goodness for the reforming Judiciary - which is by the way under a new wave of attack by the restless anti-reformers.
The public must put up pressure and support such suits by Nyachae and positive rulings by the Judiciary which is lately showing a consistent streak of independence. Charles Nyachae must be lauded for diligently putting these thugs on notice. The conspicuous silence by Kenya's worst Attorney General, Githu Muigai, has also been noted. To Eugene Wamalwa - we shall remember your vigorous effort to take us back 50 years!
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Post by malkia on Aug 15, 2012 7:55:10 GMT 3
Does Tony Gachoka have a law degree? Anyone know his terms as a consultant by Ministry of Justice?
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Post by podp on Aug 15, 2012 9:08:39 GMT 3
Reporter,The Chairman of CIC has actually criticized Eugene Wamalwa's antics - which have actually been fully endorsed by the Kibaki-Chaired Cabinet. The cabinet has largely agreed with these anti-reform measures; which is a sign of what is likely to happen in Parliament. Most in the cabinet are themselves ethically and morally challenged fellas themselves. Cabinet Is Fighting A ‘Radical Surgery’ Of The Executive www.the-star.co.ke/opinions/others/89592-cabinet-is-fighting-a-radical-surgery-of-the-executiveChapter Six of the Constitution of Kenya is very broad. It prescribes a framework of what is expected of those aspiring for public offices including elective positions. Such expectations include; personal conduct in respect of one’s past and present behaviour while in public office as well as financial probity while in public office. However, the Constitution provides for Parliament to enact laws to operationalise Chapter Six. It is now in respect of this Constitutional requirement that the fate of Chapter Six, especially its enforcement, hangs in balance. The matter at issue is that the original draft that was intended to operationalise Chapter Six has been considerably diluted by the Executive through deletions of critical clauses by the Cabinet.The clauses in question which the current Bill omits relate to: vetting of persons aspiring for elective posts; requirement that persons aspiring for elective posts declare their wealth, assets & liabilities; and that such candidates secure certificates of clearance from both the Ethics and Anti-Corruption Commission (EACC) and the Kenya Revenue Authority (KRA); among other relevant statutory bodies. It is unfortunate, though, to note that since the promulgation of the Constitution in August 2010, the enactment of laws intended to operationalise certain provisions in the Constitution has been marred by controversy and sectarian interests especially within the Executive. Presently, the Executive comprises of Ministers drawn from ODM and PNU sides of Government; including their respective allies. Admittedly, both sides of the Executive have vested interests in the Kibaki Succession and would not wish to have their respective candidates subjected to such stringent vetting and requirements as envisaged by the said Bill in its original version. Although Parliament is the law-making organ of the government, our current Parliament as constituted appears incapable of enacting fair, just and effective laws. This is largely due to their selfish and vested interests. Interestingly, scores of applicants for public offices have been subjected to rigorous vetting and screening at the instigation and insistence of both the Executive and Parliament. In particular, the Judiciary appears to have been particularly targeted during the two terms of the Kibaki Administration. Kenyans still remember quite vividly the ruthlessness with which the so-called ‘radical surgery’ was visited upon serving members of the Judiciary at the onset of the first Kibaki Administration. In conformity with the saying that ‘What’s good for the goose is also good for the gander’, both Parliament and the Executive must also be ready to submit to the same regime of vetting and screening required of aspirants for public offices. In conclusion, it must be stated that it is immoral and unfair and therefore totally unacceptable for Parliament and the Executive to raise the bar of Leadership, Ethics and Integrity so high for members of the Judiciary and aspirants for other public offices only to lower it to the levels we now see in the diluted Bill on Chapter Six when it comes down to themselves. Could it be a case of ‘poetic justice’ that now, by a twist of fate, the Judiciary stands on the moral high- ground to ensure aspirants for Parliamentary and Executive positions are vetted and screened as required by Chapter Six of the Constitution and related legislations touching on leadership and Integrity?Malkia,
The particularly dangerous thing in my view is that this case may have the unintended consequence of bringing together people who are currently foes, because any presidential candidate with alleged integrity issues (especially corruption and political violence allegations) will work jointly with Uhuru and Ruto to ensure the dilution of Chapter 6 and Leadership and Integrity Bill, whether they are enjoined in this case or not.
Read more: jukwaa.proboards.com/index.cgi?action=display&board=general&thread=7273&page=1#ixzz23aoJnEIy
Oh my God,
I did not know it was that bad already! Now what Malkia poses is what we need to be prepared for. Mixing that with what job has illustrated as the main reason for Wamalwa's historical role we have exciting times ahead. Teacher tells us that 'the individual has to learn , to understand and transform reality'. Reporter,These are the biggest challenges facing our nation - serious ongoing activities and threats against our brand new Katiba. These anti-reformers are even trying to use the vitriol from Miguna to disabuse the obvious notion that the next election is going to be a choice between electing a reformer as President, or a non-reformer. [/b] They don't want it framed under such terms for obvious reasons. Meanwhile, they're ginning up propaganda to paint everyone as dirty...to confuse and cloud the voters' eyes. [/quote] Teacher cautions us 'some people believe themselves to be leaders and go to the masses to establish a dialogue with them.' Kitendawili.....tenga is for RAO; Yule jamaa wa vitendawili is for Ruto. Now we need to remember 'it is their own interests and not the interests of the community that are pursued. They encourage people to adapt to a new way a life without attending to their historical demands'. The foregoing shuts out Uhuruto who 'fall into the naive thinking that one should adapt to existing conditions, rather than construct the new and appropriate conditions required by critical thought - the kind of thought that builds spaces and opportunities for liberation and the overturning of oppression through conscious action'. Where RAO does not fit the bill either is 'the liberation of man and the overcoming of oppression are not achieved by consumption of the existing ideas that teem and circulate between people. Instead, the individual needs to construct his own ideas and above all transfrom them through praxis and horizontal communication'. We have the Constitution (an excellent social contract) and the Vision 2030 (an economic blueprint). Both if implemented provide a reforming nature to our people and hence the best leaders are those with plans (manifestos) on who, how, when, where etc. they will be part of the solution to implementing the Constitution and Vision 2030. www.nation.co.ke/oped/Opinion/Aspirants+should+tell+us+how+they+will+grow+economy++/-/440808/1424136/-/item/1/-/waxlusz/-/index.htmlI have heard it said we should vote for the devil we know than the angel you do not. Good people, don’t vote for the devil because he is evil
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Post by phil on Aug 15, 2012 10:25:44 GMT 3
Shocking! All I can say is Kibaki's protégé Eugene Wamalwa is courting nothing short of a revolution with his ill-advised actions of gross interferance of constitutional bills. It appears part of the ruling elites that form part of Kibaki's inner circle are heavily encased in their ‘comfort zones’ to appreciate the reality that the previously domant but influential middle class in Kenya is slowly awaking to the fact that the future of this country is their hands. One only needs to have kept themselves updated on social media yesterday to appreciate the outrage that greated the NMG story that job posted above. This outrage clearly transcended political affiliations. And to imagine Eugene Wamalwa has been campaigning on a platform of youth and renewed hope!
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Post by kamalet on Aug 15, 2012 10:30:59 GMT 3
Reporter,The Chairman of CIC has actually criticized Eugene Wamalwa's antics - which have actually been fully endorsed by the Kibaki-Chaired Cabinet. The cabinet has largely agreed with these anti-reform measures; which is a sign of what is likely to happen in Parliament. Most in the cabinet are themselves ethically and morally challenged fellas themselves. I'm now informed that CIC Chair - Charles Nyachae - has promised to go to court to sue the cabinet for watering down the Constitutional requirements for integrity in the Leadership and Integrity Bill. If the Judiciary expeditiously deals with it - the Bills (or laws if already passed) may be deemed unconstitutional; automatically calling for their redrafting. I sense this is where we may be heading. Thank goodness for the reforming Judiciary - which is by the way under a new wave of attack by the restless anti-reformers. The public must put up pressure and support such suits by Nyachae and positive rulings by the Judiciary which is lately showing a consistent streak of independence. Charles Nyachae must be lauded for diligently putting these thugs on notice. The conspicuous silence by Kenya's worst Attorney General, Githu Muigai, has also been noted. To Eugene Wamalwa - we shall remember your vigorous effort to take us back 50 years! The likes of Nyachae just like making noise to be remembered! The threat to sue the minister on a bill that is not even before the house is rather silly as the courts would only deal with matters enacted by parliament rather than those pending before it otherwise they will be creeping into areas of separation of powers. Job correctly resigns himself to the behaviour of our MPs who will most likely pass the law as is. Once that is done two things essentially would lie before the courts and that is if the new law contradicts the constitution or if within the meaning of the constitution, the law has been passed as desired in that constitution! We can accuse cabinet of watering down a bill, but remember they are the same politicians who will be trying to get the law passed by the house, hence they would be in a position to know how a popular or unpopular bills gets passed in the house!
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Post by akinyi2005 on Aug 15, 2012 17:17:11 GMT 3
meet the puppeteer behind eugene's every action.
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Post by reporter911 on Aug 15, 2012 18:18:10 GMT 3
Members of Parliament must be put on Notice for allowing Eugene Wamalwa to get away with his New Constitution destruction!! I'm surprised people Like Martha Karua, Mutula Kalonzo having been in that same seat have Kept quiet are they in the No Constitution changes Camp? it seems mind Boggling in regards to what Eugene Wamalwa has gotten away with so far?? This seems to be a well laid out Plan by the constitution destructor's!!!! Eugene Wamalwa must be asked to step down if he can't answer to why he has destroyed the constitution enactment road map?
Doesn't the New constitution state that Kenyan Citizens can recall executive arm of government, or is it only Members of parliament - Kenyans must fight this in court.. it must be stopped Pronto!!
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Post by mugabe on Aug 16, 2012 22:19:47 GMT 3
It is while all of this is going on that we constantly here how a Raira presidency will be the undoing of Kenya. What about a Uhuru presidency?
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Post by reporter911 on Aug 17, 2012 6:53:45 GMT 3
It is while all of this is going on that we constantly here how a Raira presidency will be the undoing of Kenya. What about a Uhuru presidency? I guess Uhuru presidency will be run from the Hague ;D they are still deciding who is easier to control from the Hague before they back him up!! 1. Ruto 2. Mudavadi 3. Eugene Wamalwa 4. Kalonzo Musyoka ( this one they fear he is a turncoat) The choice rumour has it on the ground is between Mudavadi & Wamalwa.. they seem to have past the initial test given to them 1. Mudavadi - test ( quit ODM- start your own party or join one of the others and we will finance your campaign and merge later " check" done 2. Eugene Wamalwa test - ( Mess with the New constitution, make sure you water it down, pass all the bills behind closed doors- we hand you our spy agent Tony Gachoka to assist you .. get on with it.... "check" some done and others still in the process of making sure the New Constitution is watered down.. Meanwhile uhuru's foot soldiers are busy at work spreading propaganda, throwing around allegation without proof in hope that Kenyans are foolish enough to accept all allegations at face value .. THE UHURU GROUPIES - HAVE YET TO DECIDED BETWEEN MUDAVADI & WAMALWA.. BOTH CAN BE CONTROLLED AND GIVEN ORDERS FROM HAGUE WITH NO PROBLEM!
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Post by Titchaz on Aug 17, 2012 15:30:42 GMT 3
Street protests over Integrity BillCivil society groups have petitioned Parliament to reject the Leadership and Integrity Bill in its current form. The National Youth Sector Alliance Executive Director Emmanuel Dennis said Friday the Bill has been weakened and contained "fundamental flaws". During a demonstration in city streets, the group accused Cabinet of diluting the Bill that will test the integrity of politicians seeking public office. "They (Cabinet) distorted the original Bill and removed some clauses that are entrenched within chapter six of the constitution basically making the bill an illegality," said Mr Dennis. The demonstration started at Nairobi’s Uhuru Park with stops at Nation Centre and Parliament buildings. He also accused Cabinet of “inserting fictitious” clauses into the Bill, which contravened provisions of the Constitution. Mr Denis claimed it has come to their attention and that of the Commission for the Implementation of the Constitution, that the Bill approved and published for debate by Parliament was different from the one that reviewed and forwarded to the Attorney General and the Ministry of Justice. Next Tuesday, the Bill will be presented to Parliament and the group called on MPs to reject it. In their petition to the Speaker of the National Assembly Kenneth Marende, they said that just like the vetting of judges and magistrates, politicians should undergo the same scrutiny. Kaloleni MP Kazungu Kambi received the petition on behalf of Mr Marende. He told the charged crowd that he would forward the petition to the Speaker and that he supported their position. “I am one of those saying the Bill should first be rectified before it is passed,” he told the protesters. Among the provisions deleted from the original Bill is the requirement for political aspirants and state officers to declare their income, assets and liabilities before being elected or appointed to office. It also required spouses and children of the politicians and state officers to declare their wealth which the public could access on application. They also took away powers from the Ethics and Anti-Corruption Commission to require the National Security Intelligence Services, the National Police Service, the Kenya Revenue Authority, the Higher Education Loans Board and any public body to provide information which may lead to the denial of a compliance certificate. On Thursday, a lack of quorum cut short the introduction of debate on the Leadership and Integrity Bill. Only 18 out of 222 MPs were in the House when the Bill was formally introduced for deliberation. Justice minister Eugene Wamalwa and Deputy Leader of Government Business Amos Kimunya argued that it would not have been practical to require all aspirants for leadership positions to undergo vetting, citing time constraints. www.nation.co.ke/News/politics/-/1064/1481542/-/9gh2xj/-/index.html
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Post by Mobimba on Aug 17, 2012 21:07:39 GMT 3
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Post by reporter911 on Aug 17, 2012 23:10:02 GMT 3
Let us have the minutes of the said Meeting! don't they take minutes in all these meetings? if indeed things were decided to be changed in such a meeting.. No more he/she said.. Let Wamalwa produce the Minutes and tape.. I believe all who attended must have the full dossier.. each group department normally brings in the meetings their person to take up minutes/notes or have the minutes disappeared too? those Minutes are then passed to all individuals who attended the meeting to sign on before they are acted upon.. ama?
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Post by Mobimba on Aug 17, 2012 23:16:16 GMT 3
..or let Raila deny.
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Post by reporter911 on Aug 17, 2012 23:29:36 GMT 3
why should he? he didn't make the claim Eugene Wamalwa did, so it is up to Eugene Wamalwa to come up with the proof and facts of meeting and minutes ama? no more Miguna style spewed up propaganda, lies, innuendo's .. if someone says something let them table all the proof and facts with it.. ivyo tu..
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Post by Titchaz on Aug 18, 2012 23:23:25 GMT 3
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Post by job on Aug 19, 2012 3:23:38 GMT 3
Besides that petition, folks can also bombard Parliament - starting with the Speaker; who has already indicated willingness to open public participation. Folks should send their views to Parliament (Marende) regarding these Uhuru-Wamalwa-engineered the Bills – especially the Leadership and Integrity Bill and the other security related Bills (being chaperoned by Wamalwa, Kimunya, and Haji) . MPs should also be lobbied to make necessary amendments.The Speaker of the Kenya National Assembly Parliament Buildings P.O Box 41842 - 00100, Nairobi Kenya
speaker@parliament.go.ke
Tel: (254-2) 2221291 or 2848000 Fax: (254-2) 2243694
Isn't it also eerily strange that the National Police Service Commission Act is yet to be implemented as elections inch closer. Kibaki ensured stalling of the appointment of a Police Service Commission, thus also an inspector general and the two deputies one whole year since the law was passed. One only needs to revisit the role of police in PEV to realize we're treading on very dangerous grounds. Meanwhile, keep vigilance on the Mt. Kenya mafia poodle, Eugene Wamalwa even as he announces his plans for next week. BUSINESS FOR THE WEEK COMMENCING TUESDAY 21ST AUGUST, 2012
The Minister for Justice, National Cohesion and Constitutional Affairs (Mr. Wamalwa): Mr. Speaker, Sir, I wish to take this opportunity to make the following Statement with regard to the House Business for next week. Next week is especially critical for Members because we will be debating five very crucial Bills on the implementation of our Constitution because of the 27th August deadline. These Bills include the Kenya Defence Forces Bill, Bill No.35 of 2012 which is slotted for First Reading today and also the following Bills currently at the Second Reading stage. They are the National Intelligence Service Bill, Bill No.31 of 2012, the National Security Council Bill, Bill No.32 of 2012, the Leadership and Integrity Bill, Bill No.33 of 2012 and the Petitions to Parliament (Procedure) Bill, Bill No.34 of 2012. With only four ordinary sitting to reach the deadline, the House Business Committee will consider arranging the order of business to give priority to those Bills and to enable Members have quality time to debate and deliver quality legislation.
Finally, the House Business Committee will be meeting on Tuesday 21st August, at the rise of the House to consider business for the rest of the week. Thank you, Mr. Speaker, Sir. Pay special attention to this attempt to surreptitiously sneak in edicts of State repression under the new Constitution's framework - a clear reversal of hard-earned reforms. The anti-Katiba and watermelon crew are ferociously fighting back....what if they grab power at the next election? www.standardmedia.co.ke/?articleID=2000064293&story_title=Proposed-NIS-Bill-to-reverse-freedom-gains
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