Post by miguna on Dec 13, 2005 7:29:29 GMT 3
TO PRESIDENT KIBAKI – OUR NOTICE OF TERMINATION OF EMPLOYMENT
By MIGUNA MIGUNA* - © 12 December 2005
The Ordinary People of Kenya
C/o Main Street and Village
Republic of Kenya
DELIVERED BY ALTERNATIVE SERVICE
12 December 2005
H.E. President Emilio Mwai Kibaki “WITHOUT PREJUDICE”
c/o State House, Nairobi, Kenya
Dear Emilio:
Re: Termination of both your five-year contract and tenancy at State House, Nairobi
Further to our discussions today during the Jamhuri Day Celebrations, and the unanimous decision of the Sovereign People of Kenya at the just concluded Extraordinary Referendum of 21 November 2005, this will confirm that your employment with the Republic of Kenya will terminate effective 21 January 2006. This notice of termination is being given pursuant to the inalienable rights of the People of Kenya and in accordance with both the democratic principles and practice.
I have been asked to communicate to you the decision of the People of Kenya, which was reached following an exhaustive mid-term review of your performance conducted on 21 November 2005.
As you are well aware, the Sovereign People of Kenya advertised your position in July 2002. In that job posting, the people clearly indicated that the Position of Chief Executive Officer of the Republic of Kenya would be given to a person with the following qualifications:
(a) A literate Kenyan citizen who had reached the age of 35, was of sane mind and good conduct;
(b) A person duly elected in a General election as a Member of Parliament;
(c) A person who was prepared to take directions exclusively from the People of Kenya on all matters affecting them;
(d) A person who would immediately after taking office, completely stamp out tribalism, nepotism, cronyism, regionalism and sectarianism in Kenya;
(e) A person who would completely eradicate corruption in government within one year of taking office;
(f) A person who would tirelessly work for the creation of 500,000 jobs per year for the ordinary Kenyans;
(g) A person who would uphold and protect the constitution; respect and obey all laws and court orders; and uphold the multi-party democratic principles;
(h) A person who would eschew unilateralism and arbitrary decisions;
(i) A person who would govern (not rule) Kenya collegially through consultations and collaborations with the Narc Summit; Narc’s Coalition Partners; and the ordinary Kenyans;
(j) A person who would never abrogate, disregard or disobey the signed Memorandum of Understanding;
(k) A person who would never engage in any conflicts of interests activity in their official capacity;
(l) A person who would ensure that all past human rights violations and economic crimes were fully accounted for, and either redressed through a Truth and Reconciliation process or through judicial retribution;
(m) A person who would ensure that no further human rights violations and economic plunder were committed; as well as ensuring that all looted public wealth was repatriated back to Kenya;
(n) A person who would promulgate a new constitution written by the People of Kenya themselves at the Bomas of Kenya, within one hundred days of taking office; and
(o) A person who would never disregard the wishes and aspirations of the People of Kenya; the Narc Summit; and the Narc Coalition Partners.
When you appeared before the Hiring Committee for an interview, you brought with you, not only your Resume, but also the Resumes of all members of the Narc Summit, for the People’s consideration.
In your Resume, we noted that you claimed to have graduated in Economics from both the Makerere University in Uganda, as well as from the London School of Economics, in London, England. You also stated that you were a distinguished economist who was the main architect of the Sessional Paper No. 10 of 1965, and was single-handedly responsible for the purported spectacular economic growth in the 1970s. The Resume also referred to a Lecturer’s position you held at Makerere University in early 1960s.
Based on the qualifications contained in your Resume, your performance during the two interviews, your strong assurance that you would perform your duties as prescribed above, and the fact that you had agreed to work as a team with the rest of the Narc Summit and Coalition Partners, the Hiring Committee recommended you for the job, which was ratified by the Sovereign People of Kenya on or about the 29th day of December 2002.
However, when we conducted due diligence as part of your mid-term performance appraisal, we discovered that almost everything in your Resume was exaggerated, with many aspects of it being plainly misleading. Rather than give appropriate credit to everyone that worked very hard in the 1970s to create economic development in our lovely country, you seemed to have inappropriately assumed all of it. We discovered that you worked as a tutorial fellow at Makerere University for a very brief period of time, and not as you had claimed in the Resume. Issues were also raised about your claim that you were a distinguished economist.
Further, the Sovereign People of Kenya noted with concern your unilateral appointment of a different team to assist you in your duties from the one that was listed in the Memorandum of Understanding that you had signed. Both Narc Summit Members and Narc Coalition Partners that we interviewed complained that they were not consulted before, during or even after these appointments. A closer examination revealed that some of your new team members were related to you by blood, marriage, ethnicity, business, place of origin and golf-club membership. This was clearly in contravention of each and every Term of Employment cited above.
Although you were invited to several People’s Meetings in order to discuss what seemed like clear and fundamental breaches to your Terms of Employment, you refused to attend the meetings, arguing that you had full constitutional authority to rule the country the way you deemed fit. The People of Kenya were alarmed by some reported statements by your new team, claiming that you could not share executive power with others; and that you were mandated to rule by fiat for five years, after which time, you shall consider, at your sole discretion (without regard to the People) whether or not to seek another five-year extension.
It is now thirty six months since you assumed the reigns of Executive Authority by virtue of the People’s appointment, and yet, you have completely failed to satisfactorily discharge any of the duties that you were specifically hired to deliver. For instance, the grand corruption in government has not been eradicated; it has mushroomed into a gigantic Ogre. Reports of grand government sponsored scandals such as Anglo Fleecing have become almost a daily occurrence. Those responsible for conceiving and executing the Goldenberg Scandal have not been arrested, tried and jailed; they now occupy exalted places within your administration. Even the report into the Golden berg Scandal that your government promised to release many months ago is yet to become public. Drug smuggling, land grabbing, tribalism and cronyism have become rampant under your watch.
But even more disappointing to the People of Kenya has been your refusal to promulgate the Bomas Draft Constitution within 100 days of assuming executive authority.
Recently, when we conducted a thorough audit of your performance, you reactive unreasonably by firstly kicking out each and every original member of the Narc Coalition and Summit that attempted to correct your ways. You then unilaterally and arbitrarily suspended Parliament, which we had specifically instructed you was to be left as an independent watch-dog over your administration.
Attempts by those you have irregularly, unlawfully and unreasonably discarded to have dialogue and consultations with you have been thwarted, at times, in the most callous and irresponsible manner.
It seemed to the majority of the Sovereign People of Kenya that you had not just been insubordinate to them; you had lost their complete confidence.
Under these circumstances, we, the People of Kenya, have decided to terminate your contract effective January 21st, 2006. We feel that you have fundamentally and irredeemably breached important components of your Terms of Employment. The People have resolved to advertise your position with immediate effect so that a replacement can be identified within three months of today’s notice.
To assist your transition, the Sovereign People of Kenya will provide you with the following:
Payment in Lieu of Notice
1. The Sovereign People of Kenya will pay you four (4) months in lieu of notice in a lump sum payment on 21 January 2006.
2. The Sovereign People of Kenya will also pay you a pro-rated amount of any profit sharing award for which you would have been eligible, based on personal, plant or other performance factors or established criteria under the current Profit sharing Program. This payment will be made in February 2006.
Benefits
3. The Sovereign People of Kenya will continue all current health, dental, vision, Viagra and mental health benefits coverage in their present form until July 25, 2006. Life Insurance, Short-Term Disability, Long Term Disability, AD&D and Travel Assistance shall cease July 25, 2006. Life Insurance coverage may, at your option, be converted from group to individual coverage within the People’s Service Standards notice period ending July 25, 2006.
Vacation Pay
4. The Sovereign People of Kenya will pay you accrued and outstanding vacation through July 25, 2006, less statutory deductions.
Conditions
5. All payments will be subject to normal statutory and contractual deductions.
6. It shall be a condition of the Sovereign People of Kenya obligations to provide the severance arrangements referred to herein, that you execute a copy of the enclosed Final Release & Indemnity, and that all of the terms of your severance arrangements be widely disseminated to all Kenyans wherever they are, and as nay be required by law.
7. It shall be a further condition of the Sovereign People of Kenya obligations to provide the severance arrangements referred to herein that you will return to the Sovereign People of Kenya all of the records and copies of records, electronic or otherwise, dealing with the operations and activities of the Sovereign People of Kenya in your possession, and any and all other People’s property, including all security pass cards, keys, secret codes and other items not mentioned that you have in your possession today.
8. It shall be a further condition of the Sovereign People of Kenya obligations to provide the severance arrangements referred to herein that you agree to refrain from making any derogatory, disparaging or critical comments regarding the Sovereign People of Kenya, their decision, expertise, services or products.
9. It shall be a further condition of this termination that you vacate the State House Premises on 21 January 2006 in the company of Lucy Kibaki and all your ethnic cabal, golf-club friends and others.
We urge you to carefully read and consider this document, including the enclosed Final Release & Indemnity. Please indicate your acceptance of this offer by signing and returning the enclosed copy of this letter, together with Final Release & Indemnity to me by Saturday, January 21st, 2006.
Yours truly,
MIGUNA MIGUNA (Citizen)
On behalf of the Sovereign People of Kenya
Main Street / Village, Kenya, Afrika
______________________________________________________________________
*The writer is a Barrister & Solicitor in Toronto, Canada
By MIGUNA MIGUNA* - © 12 December 2005
The Ordinary People of Kenya
C/o Main Street and Village
Republic of Kenya
DELIVERED BY ALTERNATIVE SERVICE
12 December 2005
H.E. President Emilio Mwai Kibaki “WITHOUT PREJUDICE”
c/o State House, Nairobi, Kenya
Dear Emilio:
Re: Termination of both your five-year contract and tenancy at State House, Nairobi
Further to our discussions today during the Jamhuri Day Celebrations, and the unanimous decision of the Sovereign People of Kenya at the just concluded Extraordinary Referendum of 21 November 2005, this will confirm that your employment with the Republic of Kenya will terminate effective 21 January 2006. This notice of termination is being given pursuant to the inalienable rights of the People of Kenya and in accordance with both the democratic principles and practice.
I have been asked to communicate to you the decision of the People of Kenya, which was reached following an exhaustive mid-term review of your performance conducted on 21 November 2005.
As you are well aware, the Sovereign People of Kenya advertised your position in July 2002. In that job posting, the people clearly indicated that the Position of Chief Executive Officer of the Republic of Kenya would be given to a person with the following qualifications:
(a) A literate Kenyan citizen who had reached the age of 35, was of sane mind and good conduct;
(b) A person duly elected in a General election as a Member of Parliament;
(c) A person who was prepared to take directions exclusively from the People of Kenya on all matters affecting them;
(d) A person who would immediately after taking office, completely stamp out tribalism, nepotism, cronyism, regionalism and sectarianism in Kenya;
(e) A person who would completely eradicate corruption in government within one year of taking office;
(f) A person who would tirelessly work for the creation of 500,000 jobs per year for the ordinary Kenyans;
(g) A person who would uphold and protect the constitution; respect and obey all laws and court orders; and uphold the multi-party democratic principles;
(h) A person who would eschew unilateralism and arbitrary decisions;
(i) A person who would govern (not rule) Kenya collegially through consultations and collaborations with the Narc Summit; Narc’s Coalition Partners; and the ordinary Kenyans;
(j) A person who would never abrogate, disregard or disobey the signed Memorandum of Understanding;
(k) A person who would never engage in any conflicts of interests activity in their official capacity;
(l) A person who would ensure that all past human rights violations and economic crimes were fully accounted for, and either redressed through a Truth and Reconciliation process or through judicial retribution;
(m) A person who would ensure that no further human rights violations and economic plunder were committed; as well as ensuring that all looted public wealth was repatriated back to Kenya;
(n) A person who would promulgate a new constitution written by the People of Kenya themselves at the Bomas of Kenya, within one hundred days of taking office; and
(o) A person who would never disregard the wishes and aspirations of the People of Kenya; the Narc Summit; and the Narc Coalition Partners.
When you appeared before the Hiring Committee for an interview, you brought with you, not only your Resume, but also the Resumes of all members of the Narc Summit, for the People’s consideration.
In your Resume, we noted that you claimed to have graduated in Economics from both the Makerere University in Uganda, as well as from the London School of Economics, in London, England. You also stated that you were a distinguished economist who was the main architect of the Sessional Paper No. 10 of 1965, and was single-handedly responsible for the purported spectacular economic growth in the 1970s. The Resume also referred to a Lecturer’s position you held at Makerere University in early 1960s.
Based on the qualifications contained in your Resume, your performance during the two interviews, your strong assurance that you would perform your duties as prescribed above, and the fact that you had agreed to work as a team with the rest of the Narc Summit and Coalition Partners, the Hiring Committee recommended you for the job, which was ratified by the Sovereign People of Kenya on or about the 29th day of December 2002.
However, when we conducted due diligence as part of your mid-term performance appraisal, we discovered that almost everything in your Resume was exaggerated, with many aspects of it being plainly misleading. Rather than give appropriate credit to everyone that worked very hard in the 1970s to create economic development in our lovely country, you seemed to have inappropriately assumed all of it. We discovered that you worked as a tutorial fellow at Makerere University for a very brief period of time, and not as you had claimed in the Resume. Issues were also raised about your claim that you were a distinguished economist.
Further, the Sovereign People of Kenya noted with concern your unilateral appointment of a different team to assist you in your duties from the one that was listed in the Memorandum of Understanding that you had signed. Both Narc Summit Members and Narc Coalition Partners that we interviewed complained that they were not consulted before, during or even after these appointments. A closer examination revealed that some of your new team members were related to you by blood, marriage, ethnicity, business, place of origin and golf-club membership. This was clearly in contravention of each and every Term of Employment cited above.
Although you were invited to several People’s Meetings in order to discuss what seemed like clear and fundamental breaches to your Terms of Employment, you refused to attend the meetings, arguing that you had full constitutional authority to rule the country the way you deemed fit. The People of Kenya were alarmed by some reported statements by your new team, claiming that you could not share executive power with others; and that you were mandated to rule by fiat for five years, after which time, you shall consider, at your sole discretion (without regard to the People) whether or not to seek another five-year extension.
It is now thirty six months since you assumed the reigns of Executive Authority by virtue of the People’s appointment, and yet, you have completely failed to satisfactorily discharge any of the duties that you were specifically hired to deliver. For instance, the grand corruption in government has not been eradicated; it has mushroomed into a gigantic Ogre. Reports of grand government sponsored scandals such as Anglo Fleecing have become almost a daily occurrence. Those responsible for conceiving and executing the Goldenberg Scandal have not been arrested, tried and jailed; they now occupy exalted places within your administration. Even the report into the Golden berg Scandal that your government promised to release many months ago is yet to become public. Drug smuggling, land grabbing, tribalism and cronyism have become rampant under your watch.
But even more disappointing to the People of Kenya has been your refusal to promulgate the Bomas Draft Constitution within 100 days of assuming executive authority.
Recently, when we conducted a thorough audit of your performance, you reactive unreasonably by firstly kicking out each and every original member of the Narc Coalition and Summit that attempted to correct your ways. You then unilaterally and arbitrarily suspended Parliament, which we had specifically instructed you was to be left as an independent watch-dog over your administration.
Attempts by those you have irregularly, unlawfully and unreasonably discarded to have dialogue and consultations with you have been thwarted, at times, in the most callous and irresponsible manner.
It seemed to the majority of the Sovereign People of Kenya that you had not just been insubordinate to them; you had lost their complete confidence.
Under these circumstances, we, the People of Kenya, have decided to terminate your contract effective January 21st, 2006. We feel that you have fundamentally and irredeemably breached important components of your Terms of Employment. The People have resolved to advertise your position with immediate effect so that a replacement can be identified within three months of today’s notice.
To assist your transition, the Sovereign People of Kenya will provide you with the following:
Payment in Lieu of Notice
1. The Sovereign People of Kenya will pay you four (4) months in lieu of notice in a lump sum payment on 21 January 2006.
2. The Sovereign People of Kenya will also pay you a pro-rated amount of any profit sharing award for which you would have been eligible, based on personal, plant or other performance factors or established criteria under the current Profit sharing Program. This payment will be made in February 2006.
Benefits
3. The Sovereign People of Kenya will continue all current health, dental, vision, Viagra and mental health benefits coverage in their present form until July 25, 2006. Life Insurance, Short-Term Disability, Long Term Disability, AD&D and Travel Assistance shall cease July 25, 2006. Life Insurance coverage may, at your option, be converted from group to individual coverage within the People’s Service Standards notice period ending July 25, 2006.
Vacation Pay
4. The Sovereign People of Kenya will pay you accrued and outstanding vacation through July 25, 2006, less statutory deductions.
Conditions
5. All payments will be subject to normal statutory and contractual deductions.
6. It shall be a condition of the Sovereign People of Kenya obligations to provide the severance arrangements referred to herein, that you execute a copy of the enclosed Final Release & Indemnity, and that all of the terms of your severance arrangements be widely disseminated to all Kenyans wherever they are, and as nay be required by law.
7. It shall be a further condition of the Sovereign People of Kenya obligations to provide the severance arrangements referred to herein that you will return to the Sovereign People of Kenya all of the records and copies of records, electronic or otherwise, dealing with the operations and activities of the Sovereign People of Kenya in your possession, and any and all other People’s property, including all security pass cards, keys, secret codes and other items not mentioned that you have in your possession today.
8. It shall be a further condition of the Sovereign People of Kenya obligations to provide the severance arrangements referred to herein that you agree to refrain from making any derogatory, disparaging or critical comments regarding the Sovereign People of Kenya, their decision, expertise, services or products.
9. It shall be a further condition of this termination that you vacate the State House Premises on 21 January 2006 in the company of Lucy Kibaki and all your ethnic cabal, golf-club friends and others.
We urge you to carefully read and consider this document, including the enclosed Final Release & Indemnity. Please indicate your acceptance of this offer by signing and returning the enclosed copy of this letter, together with Final Release & Indemnity to me by Saturday, January 21st, 2006.
Yours truly,
MIGUNA MIGUNA (Citizen)
On behalf of the Sovereign People of Kenya
Main Street / Village, Kenya, Afrika
______________________________________________________________________
*The writer is a Barrister & Solicitor in Toronto, Canada
