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Post by Onyango Oloo on Dec 28, 2005 12:03:38 GMT 3
An Observation from Onyango OlooSome silly goose who loves bananas and is allergic to citrus fruits had a brainwave recently. How about, said silly goose/gander wondered, wandering around Nairobi, if we went to the registrar’s office and called ourselves the Orange Democratic Movement “Party”? All we need are three people to act as promoters of our paper thin, paper organization. “Brilliant!” said goose/gander told himself/herself in a moment of private smug-self congratulation. “That will really show them! That will really stick it to them!” The “them” in question is none other than the leaders of the REAL Orange Democratic Movement. The headline of today’s (as in Wednesday, December 28, 2005) Daily Nation is NOT about the raging famine in several parts of Kenya, but rather: “Outsiders register Orange team name”The three miscreants involved in this blatant case of identity theft are: John Miriti Mbarire who has anointed himself the so called “Chairman” of the fake ODM; a certain Joseph Bunei who secured the coveted “Treasurer” slot and Ms. Wangui Miringi, as of now the all powerful “Secretary” of the mythical paper organization. Their chief accomplice was none other than Deputy Registrar, Lucy Waithaka (working out of the same office which denied the Mwananchi Party the right to be a legal political entity in this era of multi-party democracy in Kenya). This attention- grabbing act of fraud and impersonation has been greeted with frenzied ululations among the LDP and KANU hating yodelers in cyberspace. Sample this outburst from Kenya Talk: ODM registered: I've never laughed as much as this From: To Raila fanatics and Kanu people - Tue, Dec 27, 11:42 PM While Raila and company were busy celebrating and getting carried away and hugging Njonjo in public...
And Raila fanatics running to RCB to denounce Kikuyus as "jiggers"...
And small-time LDP propagandists like Kichwa Mbaya declaring Kibaki's government as dead and demanding the coronation of Raila...
And frustrated exiles like O.Oloo shouting that Kikuyus were wrong to vote YES in the constitutional referendum (when he knew very well that Luos would have done the same if Raila was president)...
And Raila fanatics shouting "ODM!" over and over again as though ODM was the Messiah...
While all this was happening, I could not believe that ODM had been registered by non-LDP and non-Kanu people. To the people who registered the ODM name: that was your right! We live in a democratic Kenya and what you did was perfectly within the law!
www.nationmedia.com/dailynation/nmgcontententry.asp?category_id=2&newsid=64200 When I pointed out that: It is like CLONING on RCB. Who confuses the FAKE Oloo for the real ONE In response to ODM registered: I've never laughed as much as this posted by To Raila fanatics and Kanu people From: Onyango Oloo - onyango_oloo@canada.com Wed, Dec 28, 12:05 AM It is a testimony to the insecurities of cowards online to see someone rush to rcb to post this news item as if it is a major coup.
On the contrary it shows the fear that the Bananiacs have for the ODM.
You are assuming that the Orange Democratic Movement needs to be registered in order for them to use their name.
They have been doing that from the outset.
The people who come across as jackasses are the numskulls who paid money to execute their identity theft.
I know from my own experience that when one rushes to steal your name they are directly saying that you are formidable and that they can only get attention by pretending to be you.
Incidentally, I have noticed that some loafers online can not post something on rcb without invoking certain names.
No one wonder they are delirious with delight.
oo nbi Here is the response I got: O.Oloo: you are wrong In response to It is like CLONING on RCB. Who confuses the FAKE Oloo for the real ONE posted by Onyango Oloo From: _ - Wed, Dec 28, 12:10 AM O.Oloo,
If someone registers the ODM name BEFORE Raila & Co it means that they are enterprising and are good capitalists.
But I wouldn't expect a communist like you to recognize this. It is therefore not surprising that you equate it with identity theft of cloning (how idiotic!).I was too mystified by the above remark that all I could do was to humour the heckler with faint praise. I mean how does committing an act of outright fraud and identity theft- abetted by the very government that is committed to fighting vice and upholding law and order- QUALIFY someone as a “good capitalist”? What has the impersonation added to bottom-lines of Mbarire, Bueni and Miringi Limited?The fingers of the Kenya government are all over that certificate of registration. Surely a senior person like Ms. Lucy Waithaka, Deputy Registrar can not feign ignorance and declare that prior to the arrival of the fake ODM trio that she had never, ever heard of a name like the Orange Democratic Movement. Further she can not claim to be oblivious to the obvious confusion that would arise from registering a fake outfit trying to pass itself off as one of the most well known political formations in Kenya today. Given her office's stubborn refusal to register the Mwananchi Party, one can only assume that the alacrity with which she rushed to sajili the fake ODM is not devoid of overt political and partisan bias on her part and she will find it very hard to convince me that she did NOT vote for the Banana team in the just concluded referendum. It is unfortunate that someone who is supposed to be a career civil servant could stoop this low. Nevertheless, it is crucial to put things into appropriate perspective. At worst, the registration of the fake ODM is a minor irritant and flash in the pan prank.One has to bear in mind that William Ruto, Raila Odinga, Uhuru Kenyatta, Kalonzo Musyoka, Najib Balala, Omingo Magara , Mwandawiro Mghanga, Julia Ojiambo, Nazlin Rajput, Bonaya Godana, Musalia Mudavadi and other Orange leaders succeeded in building the brand name of the Orange Democratic Movement that will make any imitation look ludicrous. I remember unscrupulous knock-off merchants who have tried to cash in on famous brand names by for instance calling their product “MIKE” instead of “NIKE”. Millions of Kenyans know what the REAL Orange Democratic Movement is all about and nothing that a trio of government assisted tricksters try to do at the Registrar's office will dissipate that. On the contrary, NAK is going to suffer a backlash, not so much because of the silliness of the fake leaders of the fake ODM knock off, but rather, because one of the government’s senior offices openly participated in perpetrating a mischievous naked subterfuge. Further, by being in cahoots with the fake ODM matapeli and wagongaji, NAK is demonstrating that they are still smarting and are yet to recover from their stinging referendum defeat from last month. Cloning the real Orange Democratic Movement via proxy moronic minions is the sincerest act of NAK flattery who will continue to salimu amri for as long as they remain reactive rather than pro-active. Onyango Oloo Nairobi.
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Post by Onyango Oloo on Dec 28, 2005 16:35:29 GMT 3
To Yatima on the "Smart" Fake ODM "Officials" From: Onyango Oloo - onyango_oloo@canada.com Wed, Dec 28, 8:21 AM
This is in reference to this:
kenya.rcbowen.com/talk/index.cgi?action=Article&article=52878
Yatima, first of all I am a bit surprised to see you suggest that I take on other identities, when you know very well that I never ever do that.
Secondly, I am really confounded by your imputation that these three wagongaji were smart. When I was in Kamiti I met dozens of allegedly "clever" conmen who could fake anybody's signature- from Moi to my kid brother. Many of them spent their time in and out of prison because their clever schemes always came a cropper.
What could be more STUPID than going to the registrar's office and trying to pass yourself off as one of three original founders of the Orange Democratic Movement?
Thirdly, Yatima, unless you are wearing TWO blindfolds, how can you not see the OVERT hand of the Kenyan government in all this. Whether it is in Kenya or Canada, one of the rationales of registering an entity is TO AVOID CONFUSION with a similarly named entity. What kind of wilful self-delusion does it take for Ms. Lucy Waithaka (and for that matter, YOU Yatima) NOT to see this was a BLATANT attempt at mischief with obvious political motives?
In any case, it would be instructive to remember that political outfits like the December 12 Movement, the Mau Mau, Mwakenya, Mageuzi and other social movements in Kenya's history have NEVER NEEDED the Registrar's rubber stamp in order to function. In fact, it could be a blessing in disguise if the Kenya government DOES NOT cancel the registration of the fake ODM. If I were an ODM insider, I would capitalize on this fact as a MAJOR RECRUITING TOOL. At the end of the day, NAK will rue the day their acolytes countenanced this foolish cheap trick.
Finally remember the ANC?
Well, from 1960 to 1990, they were officially BANNED by the racist apartheid regime. If you so much as mentioned any affiliation to the ANC you could be picked up and flung into prison. If you associated with someone known to be a member of the banned ANC you could be tortured for weeks before being hauled before a magistrate and charged with belonging to an illegal and outlawed organization. In fact hundreds of South Africans suffered this fate.
But guess what?
The ANC grew by leaps and bounds during this very period. By the end of the 1980s it was the strongest national liberation movement not only in South Africa, but the entire world. Its millions of supporters within South Africa had in any case effectively UNBANNED IT by the late 80's- remember those massive funerals which were turned into protest rallies and ANC comrades defiantly buried in ANC colours? By that time, it was South African establishment figures in government, the military and business who were leaving South Africa to go and meet the exiled leadership of the ANC in Lusaka, Zambia and consulting secretly with the jailed Nelson Mandela and other leaders.
Kibaki, the NAK leadership and their supporters outside the country like you Yatima, are well advised to absorb these lessons of history before they get too giddy with the impetous act of identity theft aided and abetted by the Deputy Registrar.
oo nbi
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Post by donworry on Dec 28, 2005 17:01:29 GMT 3
OO you are too generous in your title. I say this because it does not bring across the sheer clumsiness and incompetence of the clowns that are charged with the task of frustrating Orange at every turn before the much anticipated twenty-o-seven showdown.
I expect that the real ODM is preparing to pursue the matter in open court. The actions of that registry woman should focus attention on the issues of impartiality of the civil service even as she begins the task of clearing out her desk.
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Post by Onyango Oloo on Dec 28, 2005 17:33:46 GMT 3
groups.yahoo.com/group/africa-oped/message/17502From: "nmatunda" <matunda@...> Date: Wed Dec 28, 2005 9:22 am Subject: Re: Imitating Orange Sincerest Form of Banana Flattery
Oloo,I have read your gripe on this issue and the attack on the "leaders" of the newly registered ODM. Their act is clearly intended to frustrate the ODM from using the name. Your attack on the registrar, however, is unwarranted. I think the law requires that you cannot register party/business/association/etc using the same name as another registered party/business/association/etc. Legally speaking the registrar did her job - performed a name search in the registry of parties/businesses/associations/etc and there was no ODM in the files and then proceeded to register the party. The registrar has no obligation to anticipate someone coming to register a party/business/association/etc of the same name in the future! That aside, you have to appreciate that competition for power is a slugfest in which opponents use as many tools as they can; ODM has been beaten on this one step! And for me, what matters is that the competition be fair and no one breaks the law. The new ODM "leaders" haven't broken the law as far as I can tell; they merely went a step ahead of the real ODM! (BTW: what were Kalonzo, Raila, Ruto, Uhuru, Balala and all those ODM luminaries doing when this happened?) In 1966 the KPU was registered by some nondescript individuals that were not even in political mainstream. At the time, Jaramogi Oginga Odinga was battling to keep his perch as the country's vice-president. Soon he would resign and was "invited" to lead the KPU! Many people know the truth to be that Jaramogi actually initiated the KPU registration in preparation for his departure from government having lost out in the power struggle within the Kenyatta government. The new ODM "leaders" clearly are acting on some people's behest. What they have not done is nothing new! It has been around for many years and no laws were broken. And that is politics; a very raw form politics at that! Matunda Nyanchama
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Post by adongo12345 on Dec 28, 2005 18:24:47 GMT 3
From what I have heard, this is supposed to be Paul Muite's brief. He is the think tank to try containing ODM and to dismantle it. Of course the same Muite, Kiraitu and Kina Njoki Ndung'u were detailed with giving Kenyans a fake constitution just like the fake ODM. They failed miserably then, just like they will fail again now. www.nationmedia.com/dailynation/nmgcontententry.asp?category_id=56&newsid=64028After Muite's outburst on how the Americans and Germans were working with Raila to overthrow the Kibaki goivernment, I think more people are beginning to see what some of us saw a long time ago. People like Muite are overated. These guys are out of their league where cheap tricks and appearances substitute real developments on the ground. The ODM is a name that only acquires meaning within certain concrete circumstances. It is like the UNBWOGABLE spirit of 2002. You can buy the name and bottle it, put it on your desk and look at it all day. It will do you no good. The ODM is the people and the leadership who stood up to Kibaki and trashed his plan to impose a constitution on us. They can call themselves anything and still capture the imagination of the nation. Nobody can buy and register the ODM because it is the spirit of the peoples' defiance against the failed Kibaki regime. As Kibaki stumbles further each day almost overwhelmed by the requirements of his job, that spirit only grows stronger and more defiant. How do you buy that? I also heard the other plan is to register another KANU under Biwott. If these are the grand plans of the Kibaki think tank, the real ODM are in luck. The battle for 2007 is not at the registrar's office. It is not in parliament. It certainly won't be won at the State House lawns. The battleground is with the increasingly angry and hungry masses of the Kenyan people. That is where Kibaki lost the last time and that is where he will loose again. None of the Kibaki paper tigers and fraudsters can venture anywhere outside their viillages and engage Kenyans on determining the future of our country. Every move Kibaki makes just seems to backfire. Look the fiasco with Nyachae. Kibaki has effectively killed Ford P and lost the Kisii vote, not for lack of trying but for making wrong moves and relying on a local tyrant whose time is running out. The killer was Nyachae nominating his relatives for jobs. How do you salvage this kind of foolishness by stealing names? Of course the ODM should take action, particularly to expose the conspiracy with the registrar's office to cause political mischief. By the way I think it was exactly one year ago that a plan was hatched by State House thieves to buy the brand name LDP from some officials, de-register it and declare Narc a single party. The idea was that those opposed to Narc being a single party would be faced with the possibility of seeking re-elections as the party that sponsored them shall have ceased to exist. The stupid plan flopped and Kibaki's announcement that all parties that formed Narc had been deregistered joined the list of his costly miscalculations. I pity those who think their political fortunes as leaders in our country lie on petty trickeries. Our nation is blessed with a very savvy and increasingly confident population. It is going to be pretty hard to cheat Kenyans. Folks know what they want and they have learnt to be very stingy with their trust. Leaders are going to have to earn it the hard way. We are going to kick Kibaki out no matter how many names they register. Adongo
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Post by Onyango Oloo on Dec 28, 2005 19:23:58 GMT 3
Matunda,Thanks for your critical intervention. I must demur to aver with your view while not deferring my reasons for differing with you. First of all on the Deputy Registrar.She is NOT an "impartial professional" merely doing her job. As a matter of fact, that office has a long history of political partisanship and it has often acted as an enthusiastic hand maiden for political censorship. While this was obvious to all during the dark days of the Kenyatta/Moi-KANU dictatorship, the practice is far from over during these "good old Kibaki-NAK days". A case in point involves the saga of the futile attempt by the Mwananchi Party to get itself registered. Okoth Osewe and his comrades in the Kenya Socialist Democratic Alliance documented this matter very effectively: kenyasocialist.org/kswsfiles/register%20chama%20cha%20mwananchi.htmForgive me therefore if I do not rush to embrace Ms. Lucy Waithaka as the embodiment of bureaucratic probity. Over and above the issues raised so far in this thread, there is the whole question of legality versus legitimacy.Hitler's NAZI Germany, Mussolini's Italy, Franco's Spain, Idi Amin's Uganda, Botha's South Africa, Pinochet's Chile were all fascist oriented societies that were firmly grounded on the precepts of "law and order." When the Jews were gassed in Germany the NAZIs could justify this as "perfectly legal"; when the state in South Africa prevented inter-racial romance and matrimony, they were adhering to the law; when Idi Amin's goons shot people in cold blood, they were "following the law"; Pinochet's secret police "worked within the ambit of the law" when they tortured and disappeared hundreds of dissidents and political activists-just like their military cousins in neighbouring Argentina. Before Rosa Parks and Martin Luther King Jr's campaigns, it was perfectly legal for African -Americans to give up their bus seats for White folk. Let us bring it all home. Up to quite recently, right here in Kenya, it was ILLEGAL for 5 people to gather without a police license. In my own case, I spent a good five years behind bars because the laws at the time deemed a hand written draft of an undergraduate essay to be "seditious". So if you were to gauge them according to the law of land in the respective countries at those particular historical junctures, the human rights atrocities being perpetrated in all the above examples were perfectly halal and kosher. But the question is: were these laws LEGITIMATE? In applying the tenets of the law regarding registration of parties, associations and societies in Kenya, is there a room for COMMON SENSE? Surely, it is not such a big mystery that an organism exists in Kenya called the Orange Democratic Movement despite all protestations to the contrary. Defenders of Ms. Lucy Waithaka's decision are not only being disingenous, they are also being very economical with the truth. Matunda I know that your home turf is internet based security consulting so you are no doubt familiar with the Morgan Freeman Decision from earlier this year. If you are not, let the following links refresh your memory: arbiter.wipo.int/domains/decisions/html/2005/d2005-0263.htmlwww.circleid.com/posts/morgan_freeman_wins_transfer_of_morganfreemancom_from_cybersquatter/news.bbc.co.uk/1/hi/entertainment/film/4536139.stmClearly Mr. Freeman was able to convince a panel that the mere fact that he had not registered his own name as a domain on the internet did not provide an excuse for unscrupulous individuals to ABUSE and MISUSE said name. Let me bring it directly to you Matunda.Supposing you found out that somebody out there had gone out and registered a domain name called www.matundanyanchama.com. When, out of curiosity you visit that site you find out that it is a hard core porn site featuring the most odious filth. What would you do Matunda? Would you sit back and say, "Oh Well, there is nothing I can do, I wish I had beaten them to the punch"? Or would you immediately sue them, demanding that they take that website down? According to the Kenyan papers, William Ruto received an SMS inviting the ODM leadership to BUY the newly registered fake ODM. One can therefore make a strong case- especially if the police can trace that SMS- that one of the motives of the new owners of the fake ODM was to extort and blackmail the leaders of the ODM to fork out muthendi in order to have access to their own name. I do not know about you Matunda, but extortion and blackmail are still illegal activities in Kenya. Onyango Oloo Nairobi
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Post by miguna on Dec 28, 2005 20:03:47 GMT 3
Adongo/Oloo:
I've just seen your posts on this one. I reacted to Matunda's post in Africa-oped before I saw yours. I believe that Oloo, if you hsave not done it already, you should post your response here in Oped. Matunda's post seems to just stand alone. I believe that the two of u have responded in detail. What I added in oped was that it is not exactly "legal" to be the first one at the REgistar's Office. Oloo's Freedman example is apt. The Registrar, like everyone eklse in Kenya, was aware of what ODM was and who its leadership was. Legal entities do not have to be "registered" immediately; one is allowed to operate, someimes even for 1-3 years before "registering." Even here in Canada, business and organizations are permitted to operate for a period of time before registering. The so-called "search" is not restricted to the "Registry Records." The search includes "search" in "public" records, such as court, revenue and media records. The media in Kenya is awash with ODM and who its leaders are. In any event, law cannot abet deception, unscrupulous and fraudulent conduct; which is what this is. That would be akin to a "legal jungle!". I will try to upload my oped post here once Matunda screens and posts it ...
[unedited] -Miguna-
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Post by adongo12345 on Dec 28, 2005 22:11:55 GMT 3
www.eastandard.net/archives/cl/hm_news/news.php?articleid=34265Orange team up in arms over party’s registration -------------------------------------------------------------------------------- Standard TeamA legal battle looms over the registration of the Orange Democratic Movement as a political party by people who have no association with the Orange team that handed the Government a resounding defeat at the November 21 referendum on the proposed constitution. The Orange team, comprising politicians mainly from the Liberal Democratic Party and Kanu, has threatened to move to court to strike out the names of the three individuals who registered the party. Kanu nominated MP and Orange lawyer, Mr Mutula Kilonzo, said the team had reserved the name with the Registrar of Societies as it prepared to register ODM as a political party. And Lang’ata MP Raila Odinga, one of the Orange leaders, said he was surprised that the Government could hand the name to "strangers", while it was fully aware of the intentions of the Orange group to register it as a political party. He described the move as a cynical attempt by "a Government still smarting from crippling political defeat over the draft Constitution, which it considered its own project". Nothing in a name Speaking to The Standard on telephone from Mauritius where he is on holiday, Raila said the Orange team was the first to present the name to the Registrar of Societies for registration as a political party and asked why it had been hijacked. "Even before the official campaign period on the referendum, we had mandated Mutula to present the ODM name to the Registrar for registration as a political party. "The authorities have used novices to register the name, but I want to say that there is nothing in a name. It is the people behind it, their ideas and philosophy, which market the party and make it a brand name that sells… and we are the people and not those novices," he said. "These funny characters are not the genuine owners of ODM and this is in the public domain. The ODM is like River Nile flowing towards the Mediterranean Sea and cannot be stopped. It will circumvent its way to the Sea," he added. Mutula said he had been given instructions to register ODM as a party while on a retreat in Naivasha. "And when we came back to Nairobi, we took the (reservation) letter to the registrar’s office, where it was duly stamped." He said he had a letter from the Registrar confirming the reservation of the ODM name. "You must know to whom the brand name ODM belongs. You therefore cannot register it to other people," he added. Leaked information Raila and Mutula were reacting to reports that three people — Mr John Miriti Mbarire, Mr Joseph Bunei and Ms Wangui Murigi- had registered the party as chairman, treasurer and secretary respectively. They formally registered the party shortly before Christmas, effectively blocking Orange team from using the name. But Raila said the Orange team would not be deterred by "the mischief to take over our party. There is always a way out." The former Roads minister accused the Registrar of Societies of pandering to the whims of the establishment while Mutula claimed the department had leaked information about his office having reserved the name and used it to register a different group as the owners of the name. Mutula said he would press for the new party to be deregistered and should that fail, the group would use the political platform. On his part, Raila said the team would find a way out of the problem. "The matter is just a hiccup and our supporters should not panic. We don’t want to go full combat now. We have to celebrate and open the New Year peacefully," he said. Derailing spirit But Kanu Secretary-General William Ruto spoke of the need for LDP and Kanu to strategise over a new name to keep the axis popular and strong ahead of the 2007 elections. "We shall not waste our time contesting the matter in court because those behind the registration will still manipulate the legal process," said. Ruto said the registration of the political party under the ODM name was aimed at derailing the spirit of the Orange team. He said the original ODM had the goodwill of Kenyans and losing the ODM name would not reduce their popularity among Kenyans. In Nyeri, a civil society official claimed the registration of the party was the work of the Intelligence service. Mr Ndung’u Wainaina, a programme manager with National Convention Executive Council, said the speed with which the registration was done was "suspicious." Central Provincial Kanu co-ordinator Geoffrey Rigathi Gachagua said the registration was aimed at short-circuiting the Orange team. "We expect many more hurdles, which we will ultimately overcome on our way to power. ODM is unstoppable as it is the voice of the people," he said.
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Post by job on Dec 28, 2005 23:25:05 GMT 3
I find it rather buffling that Matunda Nyanchama (I'll forward this to Oped too) can claim that Oloo's "attack" on the Deputy Registrar of Societies was "unwarranted".
Firstly, there's nothing unwarranted in pointing out a clear case of manipulation and interference by the State, in the organization of political parties in Kenya, including the opposition.
The State may wish to employ cheap trickery, which may not even work, to stall the ODM registration, but anyone including Onyango Oloo, is entitled to point this out without fear or favour.
There's nothing unwarranted in criticizing State interferrence, through the Registrar of Societies, in our fundamental freedoms of assembly and association (guaranteed under section 70 of the current Constitution).
To Matunda, the DP think tank, and it's apologists, or pro-government "strategists" like Muite et al ; you may need to reflect on the history of multi-party politics in Kenya, post December, 1991, to realize that one does not need to "beat" Ruto, Raila, Kalonzo & other REAL ODM luminaries at the registrars office, to lay claim of monopoly to that name ODM.
Tomorrow we could as well have ODM-people, ODM-Asili, ODM-Kenya, ODM-Chungwa, .........etc, but the people will definitely have the democratic choice to affiliate with the ODM they truly KNOW,......make no mistake about that.
Nothing under the provisions or articles of the Societies Act, CAP108., prevents ODM, ODM-people and ODM-Chungwa for instance, from both being registered, just as nothing in the Act, barred FORD-P, Ford-A and FORD-K from co-existing.
I keep wondering whether these DP strategists, if there are any, ...realize the negative net effect, of their relentless trickery, conmanship, and perpetual breach-of-contracts to allies and the public at large.
The very names of those "wise" three who "coincidentally" came up with the ODM name, just at this time, for their party, then went ahead to "beat" the real ODM luminaries in registering it tells a tale so familiar to Kenyans.
We have passed through all that Wananchi, and there's nothing spectacular or wizard-like about such blatant and shameless "Ukora". Like the referendum bribes, relief food, new districts, Universities, pay-hikes, etc,.... "watu wako na macho" and will out-smart these tricksters, fraudsters and extortionists working at the behest of the government. Through the Registrar's office, this latest attempt at trickery, by the government, will definitely backfire on them, when the public perception of the DP-controlled State, becomes increasingly frustrating.
It is obvious the public may view DP as a party currently flaunting the machinery and resources it wields, to curtail the registration of a popular & victorious post-referendum ODM outfit, which genuinely enjoys current overwhelming national support.
DP, through their proxy, Deputy Registrar, Mrs. Waithaka, (& her boss Of-course) is essentially but unwittingly, doing some serious public relations marketing of the real ODM, to a sympathetic public, by invoking the old KANU tricks of the dark authoritarian days.
The government is energizing the ODM in advance, ahead of their scheduled Provincial thanksgiving rallies following their (ODM) referendum victory.
If Matunda can trace back the geneology of Nyachae's Ford-P party (now led by Kipkalya Kones), to its original roots, he may realize that there was originally only one FORD party, registered through the same Registrar's office.
Intra-FORD factional wars of control started when Matiba returned from treatment in London, to challenge Jaramogi for stewardship of FORD.
FORD later disintegrated into FORD- Kenya or "Agip House Ford", and FORD-Asili or "Muthithi House Ford". Needless to add, FORD-Asili eventually also split due to wars of control pitting Martin Shikuku and Kimani Wanyoike. They led to FORD-Asili (Saba Saba) and an off shoot KNC (Kenya National Congress) led by Wanyoike which later transformed into FORD-People.
In all, most of the off-shoots were primarily trying to retain the original FORD name, which had commanded great support during the second liberation struggle.
Great parallels can be drawn today, when Kibaki and his minority DP led government, have chosen the same path taken by Moi in his last years, of unwittingly using State Resources to frustrate pro-peoples parties and struggles.
Kibaki's banning of ODM rallies, and attempts at preventing its official registration, only does one major thing. It emphasizes to the greater public that he (& his DP party) is (are) indeed the "common enemy" to be fought. He thus strengthens their resolve to remain united in their quest to remove him from power.
Mark these words, Kenyans loathe the flaunting of State machinery, resources or "projects" in their faces,....... whether the riot police, the Registar's office, or even Kiraitu's "Billions". They deem all these schemes as wanton misuse of tax-payer money and voter capital/authority.
In the past, Wananchi, the voters, simply rewarded Politicians and actually entrusted the President to guarantee their "maendeleo", meaning ......they allowed a One-man patronage and appropriation of State Resources.
Today, Wananchi are demanding a change, ....they want the institutionalization of the sharing of resources and power, guaranteed under the Katiba, and not entrusted in the hands of one man called the President.
I can certainly tell you further, following the 2005 referendum indicators, that President Mwai Kibaki, author of the Sessional Paper Number 10, (1965), can not guarantee maendeleo for NEP, Western, Nyanza, Coast, Ukambani and other areas of Kenya. Does anyone assume that people from these parts of Kenya are not aware of this? Be the judge.
The last two assaults on peoples fundamental freedoms of assembly and association, that is ,.....the banning of ODM rallies, and now attempts to frustrate the registration of the ODM party, by cheap tricks, is only helping the Banana government of Kibaki sink faster.
But most important, it is boosting the public confidence in the real ODM, since the government has laid bare their fear of the Orange Democratic Movement. The public can't be more excited!
unedited. Job.
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Post by Onyango Oloo on Dec 28, 2005 23:54:18 GMT 3
From: "migunaattorney" <migunaattorney@...> Date: Wed Dec 28, 2005 11:39 am Subject: Re: Imitating Orange Sincerest Form of Banana Flattery
Matunda/Oloo & others:
I'm only responding to this issue because of the "legal" issues raised. I will deal very briefly with this question:
1. There is no legal requirement that one registers an entity prior to operating, even a business, using that "particular name." One is permitted, (even here in Canada), to use a "name" for a period of time (say six months) before registeration it. Within that time, if it becomes "common knowledge" like it was with the ODM, then it is incumbent upon the Registrar of Companies or Societies in this matter to refuse to "register" a name on behalf of those who cannot PROVE that they are the "legitimate" owners/operarors or signing authorities for the "entity" that is well known. Law cannot permit unscrupulous conduct on the part of those purporting to register an entity. Deception or fraud are not legal. If all that was required in law was for one to be cunningly deceptive, then I believe that some of us may not even be allowed to use our own names since some clever fraudster can beat us at the registration desk.. If that was all it was my brother Matunda, then we will be living in a legal jungle where the only requirement for registration is being the "fastest" one to reach the Registrar's Office. For example, it is conceivable that each time a group of people discuss about an idea, say of the formation of a political party, any "simple thief" with a set of light feet will become the automatic owner of that outfit on the basis that he or she reached the Registrar's Office first! I'm not sure whether any sane person would want to live in such a society. Maybe Kenya has degenerated to that level.
Hence, the issue is not simply that of who "presented" the name ODM to the Rgistrar first. Clearly, the Registrar cannot claim to have been ignorant of who the "legitimate leaders" of ODM are/were.What the Registrar did in this case is not just unethical, it is plainly illegal.
As for the political intrigues, I leave that for your speculations.
However, one has to remember that Kenyans KNOW who constitutes ODM, just as they know WHO they will elect when the time comes. It will not depend on what one calls oneself. Remember that ODM was unknown a few months ago. The same way it came from nowhere to capture the dreams, aspirations and support of the majority of Kenytans, the same way any other name or symbol will. In any event, both LDP and Kanu are still intact and registered. These were and remain the political vehicles. Those who claimed ODM was an amorphous entity should not shed crocodile tears over its registration...
But maybe this unnecessary debate on this irrelevant issue is what those behind the registration intended...
[unedited]
-Miguna-
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Post by Onyango Oloo on Dec 29, 2005 0:01:11 GMT 3
From: MAINA GICHOHI <maina_gichohi@...> Date: Wed Dec 28, 2005 12:59 pm Subject: Re: [africa-oped] Re: Imitating Orange Sincerest Form of Banana Flattery
Matunda, I agree with you that the law was not broken while the registrar went ahead and processed the registration of ODM. However, she is to somewhat blame. She should have exercised due diligence and handled this with the aplomb of a competent Registrar. A Registrar's office should avoid "counterfeits" whether the real ODM was officially registered or not. In my opnion she should have done more than reasonably "perform her duties". This fake ODM now sees and feels itself the cynosure of every eye. How unsettling especially at this present time when all attention should be focussed to the residents of North Eastern Province. The true ODM should now take this as opportunity to bravely demonstrate their ability to extemporise intelligently. Hopefully this will always keep them ahead! Maina
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Post by miguna on Dec 29, 2005 0:07:06 GMT 3
Sample posts on this issue in Africa-oped: --------------------------------------------------------
Matunda,
There are two issues here; one legal and the other political mischief.
If we are serious about the Rule of Law, then we have to be consistent on how to apply the Rules and the Law. The application must be legally valid and consistent. Let's apply this legal argument to this particular case.
1. The Registrar must have been well aware of what ODM was and who its leaders are. Her search was not restricted to the "Registry Records." Her search was supposed to include ALL RECORDS; public and non public. Public records include court records as well as information in the public domain such as media reports. Clearly, one has to be completely dishonest to claim that anyone could have secretly registered ODM to some unknown individuals not legally instructed to do so by the LEGITIMATE ODM and its leaders. Consequently, any purported "registration" becomes null and void, as it was done without "verifying" whether or not the "new owners" were acting at the behest of the "real owners." Law does not exist in a vaccuum. Therefore, this matter should not even go to court since the Registrar's action is null and void. But if it does end up in Court, the defendant must surely be the Registrar and the responsible Minister (or in our case, the AG). It is these goons that should be made to pay for the "damages" and costs associated with such unnecessary litigation
2. We have to choose, as Kenyans, whether we shall be governed by the Rule of Law or the Law of the Jungle. The former entails that nothing be done unless it is both legitimate and legal. What the Registrar pretended to do was both illegitimate and clearly illegal. We cannot have it both ways. To support such illegitimate, underhanded, fraudulent and deceptive conduct on the part of our politicians and officeholders is tantamount to perpetuating illegalities and jungle-mentality that is inconsistent with the entrenchment and the institutionalization of the Rule of Law in our country. Anybody who is cheering on these fraudsters must critically examine his or her commitment to the Rule of Law. We cannot encourage this kind of practice, for to do so is to encourage fraud. How can we say that we want CORRUPTION to end in Kenya, yet be gleeful when we see corruption in what the Registrar just pretended to do?
3. The Rule of Law requires that politics not be a factor at all in legal matters. By that I mean that the Registrar should never have allowed herself to be the agent of political mischief. To claim that this kind of practice is ramptant in Kenya is neither a justification nor does it address it. We need to tackle these issues boldly without any concern as to what political party or politicians are the perpetrators or the aggrived ones.Why would anyone go to court and litigate such obvious frauds? C'mon!
4. We cannot change anything in Kenya if all we are capable of is saying "These things happen all over...politics is not easy." There is nothing political about what has happened; only illegal, criminal mischief! Let us call a spade a spade.
Let's be serious people. [unedited] -Miguna-
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--- In africa-oped@yahoogroups.com, "nmatunda" <matunda@h...> wrote: > > Miguna, > > You know well that I am NOT a lawye; I will defer the matter to those more conversant in that sphere. > > If indeed ODM feels agrieved that they have been "robbed" of their name, they know what to do - challenge the ODM owners in a court of law. It is one reason why courts exist - to resolve matters in dispute. > > What I know is that the current ODM owners (not the Balalas, Rutos, Kalonzos, Railas, etc.) have the legal right to the use of the name, unless the courts say so. > > Of course the registrar may have been aware of the political implications of what she was doing; what is a fact is that prior to the registration of ODM as a party by the "new owners", there was no party in the books by the same name. > > Let's bear in mind that what we are seeing is real politics. As far as I know there are both clean and dirty tricks that make politics interesting and of great intrigue. If you believe that the ultimate success in politics is the acquisition and retention of power, then you can appreciate what people are prepared to go through to win power. A good case study on the use of dirty tricks is the Dukakis-Bush in the USA campaign of 1988 where the former was defeated purely due to negative advertizing. > > I have witnessed so many such things to be surprised by the goings on in Nairobi. Even at constituency level I have seen such things happen. In one case, a candidate planted his own people in the opponent's camp who then proceeded to claim they would sign the opponent's nomination papers. And surely all turned up at the time of nomination only to discover that many of them did not carry identity cards; the opponent failed to get enough people to sign his nomination papers. Last minute efforts to seek alternatives failed and the candidate never recovered; never ran again for parliament as people scoffed at the man's naivety and ease with which he was "defeated"! > > Politics is not simple: you plan, connive, fight, and at every instance work to reduce your opponent's chances of winning power. In this see-saw winners aren't the saints that they sometimes claim to be - eti they would like to server Wanjiku! Their interest is power and the trappings that come with it! > > ODM went to sleep after the sweet referendum; I don't blame them for their naivety! They should be more adept at the game of politics and in this one instance they have been caught sleeping! True and sad; but it is no cause of celebration. > > > Matunda Nyanchama ---------------------------------------------------------------------------------------------- > --- In africa-oped@yahoogroups.com, "migunaattorney" <migunaattorney@y...> wrote: > > > > Matunda/Oloo & others: > > > > I'm only responding to this issue because of the "legal" issues > > raised. I will deal very briefly with this question: > > > > 1. There is no legal requirement that one registers an entity prior > > to operating, even a business, using that "particular name." One is > > permitted, (even here in Canada), to use a "name" for a period of > > time (say six months) before registeration it. Within that time, if > > it becomes "common knowledge" like it was with the ODM, then it is > > incumbent upon the Registrar of Companies or Societies in this > > matter to refuse to "register" a name on behalf of those who cannot > > PROVE that they are the "legitimate" owners/operarors or signing > > authorities for the "entity" that is well known. Law cannot permit > > unscrupulous conduct on the part of those purporting to register an > > entity. Deception or fraud are not legal. If all that was required > > in law was for one to be cunningly deceptive, then I believe that > > some of us may not even be allowed to use our own names since some > > clever fraudster can beat us at the registration desk.. If that was > > all it was my brother Matunda, then we will be living in a legal > > jungle where the only requirement for registration is being > > the "fastest" one to reach the Registrar's Office. For example, it > > is conceivable that each time a group of people discuss about an > > idea, say of the formation of a political party, any "simple thief" > > with a set of light feet will become the automatic owner of that > > outfit on the basis that he or she reached the Registrar's Office > > first! I'm not sure whether any sane person would want to live in > > such a society. Maybe Kenya has degenerated to that level. > > > > Hence, the issue is not simply that of who "presented" the name ODM > > to the Rgistrar first. Clearly, the Registrar cannot claim to have > > been ignorant of who the "legitimate leaders" of ODM are/were.What > > the Registrar did in this case is not just unethical, it is plainly > > illegal. > > > > As for the political intrigues, I leave that for your speculations. > > However, one has to remember that Kenyans KNOW who constitutes ODM, > > just as they know WHO they will elect when the time comes. It will > > not depend on what one calls oneself. Remember that ODM was unknown > > a few months ago. The same way it came from nowhere to capture the > > dreams, aspirations and support of the majority of Kenytans, the > > same way any other name or symbol will. In any event, both LDP and > > Kanu are still intact and registered. These were and remain the > > political vehicles. Those who claimed ODM was an amorphous entity > > should not shed crocodile tears over its registration... > > > > But maybe this unnecessary debate on this irrelevant issue is what > > those behind the registration intended... > > > > [unedited] > > > > -Miguna- --------------------------------------------------------------------------
Matunda/Oloo & others:
I'm only responding to this issue because of the "legal" issues raised. I will deal very briefly with this question:
1. There is no legal requirement that one registers an entity prior to operating, even a business, using that "particular name." One is permitted, (even here in Canada), to use a "name" for a period of time (say six months) before registeration it. Within that time, if it becomes "common knowledge" like it was with the ODM, then it is incumbent upon the Registrar of Companies or Societies in this matter to refuse to "register" a name on behalf of those who cannot PROVE that they are the "legitimate" owners/operarors or signing authorities for the "entity" that is well known. Law cannot permit unscrupulous conduct on the part of those purporting to register an entity. Deception or fraud are not legal. If all that was required in law was for one to be cunningly deceptive, then I believe that some of us may not even be allowed to use our own names since some clever fraudster can beat us at the registration desk.. If that was all it was my brother Matunda, then we will be living in a legal jungle where the only requirement for registration is being the "fastest" one to reach the Registrar's Office. For example, it is conceivable that each time a group of people discuss about an idea, say of the formation of a political party, any "simple thief" with a set of light feet will become the automatic owner of that outfit on the basis that he or she reached the Registrar's Office first! I'm not sure whether any sane person would want to live in such a society. Maybe Kenya has degenerated to that level.
Hence, the issue is not simply that of who "presented" the name ODM to the Rgistrar first. Clearly, the Registrar cannot claim to have been ignorant of who the "legitimate leaders" of ODM are/were.What the Registrar did in this case is not just unethical, it is plainly illegal.
As for the political intrigues, I leave that for your speculations. However, one has to remember that Kenyans KNOW who constitutes ODM, just as they know WHO they will elect when the time comes. It will not depend on what one calls oneself. Remember that ODM was unknown a few months ago. The same way it came from nowhere to capture the dreams, aspirations and support of the majority of Kenytans, the same way any other name or symbol will. In any event, both LDP and Kanu are still intact and registered. These were and remain the political vehicles. Those who claimed ODM was an amorphous entity should not shed crocodile tears over its registration...
But maybe this unnecessary debate on this irrelevant issue is what those behind the registration intended...
[unedited]
-Miguna- -------------------------------------------------------------------------- --- In africa-oped@yahoogroups.com, "migunaattorney" <migunaattorney@y...> wrote:
Whether we like it or not, political and business deals are not made in the middle of Kenyatta Highway or Market. Political and business deals are made behind closed doors (whether in restaurants, bars, homes, golf clubs, etc). They are not made by Wanjiku in Kikomba - that's for sure. What is clearly disheartening is that some of you are so dishonest that you would choose to target one or three particular individuals for blame, yet you all know that Wanjiku did not choose Mwai Kibaki as the presidential candidate in 1992/1997 and 2002!Neither did Wanjiku choose Nyachae, Wamalwa, Moi, Kenyatta, etc. It will not happen in 2006/7. Please stop being simplistic. For those interested in making REAL changes on how leaders are chosen, quit grambling and start a revolution!
[unedited]
-Miguna-
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Post by Onyango Oloo on Dec 29, 2005 0:07:23 GMT 3
groups.yahoo.com/group/africa-oped/message/17509 From: "nmatunda" <matunda@...> Date: Wed Dec 28, 2005 1:36 pm Subject: Re: Imitating Orange Sincerest Form of Banana Flattery
Miguna,
You know well that I am NOT a lawye; I will defer the matter to those more conversant in that sphere. If indeed ODM feels agrieved that they have been "robbed" of their name, they know what to do - challenge the ODM owners in a court of law. It is one reason why courts exist - to resolve matters in dispute. What I know is that the current ODM owners (not the Balalas, Rutos, Kalonzos,Railas, etc.) have the legal right to the use of the name, unless the courts say so. Of course the registrar may have been aware of the political implications of what she was doing; what is a fact is that prior to the registration of ODM as a party by the "new owners", there was no party in the books by the same name. Let's bear in mind that what we are seeing is real politics. As far as I know there are both clean and dirty tricks that make politics interesting and of great intrigue. If you believe that the ultimate success in politics is the acquisition and retention of power, then you can appreciate what people are prepared to go through to win power. A good case study on the use of dirty tricks is the Dukakis-Bush in the USA campaign of 1988 where the former was defeated purely due to negative advertizing. I have witnessed so many such things to be surprised by the goings on in Nairobi. Even at constituency level I have seen such things happen. In one case, a candidate planted his own people in the opponent's camp who then proceeded to claim they would sign the opponent's nomination papers. And surely all turned up at the time of nomination only to discover that many of them did not carry identity cards; the opponent failed to get enough people to sign his nomination papers. Last minute efforts to seek alternatives failed and the candidate never recovered; never ran again for parliament as people scoffed at the man's naivety and ease with which he was "defeated"! Politics is not simple: you plan, connive, fight, and at every instance work to reduce your opponent's chances of winning power. In this see-saw winners aren't the saints that they sometimes claim to be - eti they would like to server Wanjiku! Their interest is power and the trappings that come with it! ODM went to sleep after the sweet referendum; I don't blame them for their naivety! They should be more adept at the game of politics and in this one instance they have been caught sleeping! True and sad; but it is no cause of celebration. Matunda Nyanchama
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Post by Onyango Oloo on Dec 29, 2005 0:17:13 GMT 3
We'll fight for name, say Orange leaders
Story by NATION Team Publication Date: 12/29/2005
The row over registration of the Orange Democratic Movement took a new twist yesterday as a key member of the original Orange team vowed to fight for the name they took for their successful referendum campaigns.
The Orange group's legal adviser Mutula Kilonzo said they would go to court to regain their name.
He spoke out as one of those who registered the name, a Ms Wangui Murungi, said she had done so to protect the interests of the original Orange movement – a claim immediately dismissed by the movement's spokesman, MP William Ruto.
Two other leaders of the movement that led the fight against the new Constitution – MPs Raila Odinga and Kalonzo Musyoka – dismissed the registration as inconsequential, but warned they would act in the New Year.
Mr Odinga commented: "Those are issues which have no consequence. To me that is inconsequential ... it is not worth any attention."
However, he went on: "We will deal with those issues next year. This is a festive season: we need peace."
Mr Musyoka said: "It is sad to hear of people stealing ODM. This is perverted sense of justice. Why register a party when you cannot walk out there and flag it?"
Then he too said the move was inconsequential, but asked the Registrar to resign in disgrace for allowing his office to be abused.
The row began when it was revealed exclusively in the Daily Nation yesterday that a group of apparent outsiders had formally registered the name Orange Democratic Movement Party.
Legally it means the ODM cannot use their own name because Section 11 of the Societies Act which governs the registration of political parties states that a society cannot be registered if it uses an identical name or one which the Registrar believes could confuse the public.
Leading members of the original ODM said they did not know the people who had registered the name and complained it might be an attempt inspired by the Government "to block the ODM onslaught."
The mystery surrounding reasons for the registration deepened yesterday when it emerged that a second group had lodged application papers at the offices of Registrar of Societies, seeking to secure the movement as a party.
This second group went to the Registrar's offices at Sheria House, Nairobi, yesterday demanding to know why their application, lodged on December 2, had not been considered.
The Nation found the chairman of the group laying claim to the Orange name, Mr William Njoroge Mburu, organising secretary Michael Ngugi and women coordinator Teresia Wambui at the Registrar's offices.
They complained that although they had applied to register a party – they called it the Orange Coalition Movement for National Unity - they were yet to receive any response and were surprised to read of the newly registered party in the exclusive Nation report.
The group complained that in spite of applying for registration on December 2 and paying the Sh2,000 application fee, they had received no word. They were advised that the Registrar General would contact them on returning to his office next week.
The lawyer for the original ODM – which announced its formation as a party during an Orange rally at Kisumu in the closing stages of the referendum campaign – Kanu nominated MP Mutula Kilonzo, described the registration as mischievous and a breach of professional ethics by the Registrar.
The MP said his law firm had made a formal request to the Registrar to reserve the name of the Orange Democratic Party as its leaders consulted; a request which he said had been accepted.
"They assured us that they would reserve the name and even gave us application forms to go and fill," he said.
This, he said, was shortly before the ODM leaders retreated to Naivasha on November 30 to discuss how to kick-start the Constitution review and the coalition of parties in the Orange movement.
Mr Kilonzo went on: "I therefore challenge the Registrar of Societies to tell Kenyans why he allowed for leaking of information to busybodies to get a brand name which had been reserved."
He said he had approached the Registrar following instructions to his law firm.
"Unless they are blind, they should know that Kenyans are aware who the people behind the ODM are and not these busybodies," he said.
He however said his team would fight tooth and nail to have the Registrar cancel the certificate of those already registered.
"They will not succeed and I can assure we have the medicine for them," he said, without elaborating.
He added that if the legal process failed to yield results, the Orange group which handed a humiliating defeat to the Government in the referendum held ,on November 25, would resort to politics to get desired results.
Eldoret North MP William Ruto, the Kanu secretary general and official spokesman for the original ODM, said the registration of ODM as a party would not affect the goals of the movement.
"What is in a name? It is only two months old and we have two years to go. We can come up with another name," he said.
He explained: "The goodwill of Kenyans is determined by the commitment and resolve by the leadership of respective outfits to make desired changes."
Speaking separately, Kanu deputy leader Bonaya Godana said: "I am quite surprised ... I was not aware of any moves to register ODM as a party. This is mischievous."
Dr Godana said the move smacked of dishonesty by the Government or parties within the National Rainbow Coalition.
He said ODM was a movement to help Kenyans fight a bad Constitution.
The North Horr MP said the movement's spirit was with the people irrespective of what schemes those in Government had hatched.
"No kind of mischief will quench the thirst for a just social order," he said.
Makadara MP Reuben Ndolo asked Orange leaders to convene a meeting to discuss the development.
He accused the Government of being behind the registration of the movement.
As the developments unfolded, the secretary of the newly registered party, Ms Wangui Muringi, commented: "I'm an Orange supporter. A few of us supporters consulted and decided to register the party with the interests of a new Constitution at heart. That's what Kenyans want from us and that is what we wish to spearhead as a party."
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Post by Onyango Oloo on Dec 29, 2005 1:00:33 GMT 3
groups.yahoo.com/group/africa-oped/message/17517From: "nmatunda" <matunda@...> Date: Wed Dec 28, 2005 3:55 pm Subject: Re: Imitating Orange Sincerest Form of Banana Flattery Miguna, Some quick observations: * Politics is a dirty game; politics doesn't exist in a vacuum just as the law doesn't exist in a vacuum; whether the registrar was playing mischief or not is a matter of perception; Banana supporters will cheer; ODM will cry foul and the courts should rule on the matter if asked to do so; * Commenting on the goings on is NOT CHEERING anyone! It is ok for people to make observations and laugh at the dirty game of politics; I look at the naivety of some of our so called political luminaries and laugh! True we all want a system of rule of law. I also know that one cannot codify into every possible action for one cannot anticipate every possible human behaviour! This means that to play the game one must look not simply where one is going but also who would be stabbing one on the back! * The claim of ownership of the ODM name has not been challenged in court nor ruled upon; perhaps you can offer your counsel to the ODM if they ever wish to win the name back, otherwise they will be impeded by legal obstacles associated with the requirement that parties operate as legal registered entities; * All this debate is based on speculation that ODM had/has plans (if any) of converting itself into a political party; if such plans existed, then they have the right to contest use of the name in the Kenyan courts; if (as my hunch tells me) they had no such plans, this debate is moot and those who have registered the ODM party may well end up empty-handed, except for the ODM certificate of registration. And why do I have a hunch that ODM may never become a party? Simple - Kanu and LDP (or better still NEW KANU under the last regime) are busy strategizing for the next year as they build their grassroots. If ever they create an alliance, each one would like to come to the table well strengthened to drive a tough bargain. My view is that the referendum campaign was a spur of the moment that created a common enemy - the Kibaki regime - that led to the emergence of the ODM. * I wouldn't call the ODM's registration criminal; mischievious - yes! * We all wish that Kenya would change for the better and we are working for that better society; making an observation about dirty trciks and politics does not suggest that we don't want a better Kenya. Bringing change requires one to understand the nature of the problem, the working of politics (including dirty tricks) and then being prepared accordingly. I haven't heard of a society where politics was a clean game; if one hopes for such a society, then I welcome them to dream on. Matunda Nyanchama
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Post by Onyango Oloo on Dec 29, 2005 1:07:55 GMT 3
bakhoki Gold Member Gold Member
08/04/2004 753 Posts @onyango Oloo,
You are right: These losers in banana are giving credence to the old adage that immitation is the sincerest form of flattery. Banana would surely like to be like Orange, but alas. Nature confined to be just...well...bananas. Perhaps some cloning or biotechnology might do the trick.
As to the point that Muite, Murungi, and Njoki Ndung'u are the best that Banana can front as their "Think-Tank," lo and behold! The fun has just begun. Looking with anticipation to 2007.
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Post by miguna on Dec 29, 2005 1:24:37 GMT 3
One of the best posts (from Job) on this topic I've seen: ------------------------------------------------------------------------------------
--- In africa-oped@yahoogroups.com, "jobwapili" <jobwapili@y...> wrote:
I hope this contribution makes it to this thread. On the ODM registration by some three people unknown to the real ODM luminaries, I find it rather buffling that Matunda Nyanchama can claim that OO's "attack" on the Deputy Registrar of Societies was "unwarranted". Firstly, there's nothing unwarranted in pointing out a clear case of manipulation and interference by the State, in the organization of political parties in Kenya, including the opposition. The State may wish to employ cheap trickery, which may not even work, to stall the ODM registration, but anyone including Onyango Oloo, is entitled to point this out without fear or favour. There's nothing unwarranted in criticizing State interferrence, through the Registrar of Societies, in our fundamental freedoms of assembly and association (guaranteed under section 70 of the current Constitution). The issue of someone beating the real ODM at the registrar's ofice, or the case about "ODM should have moved faster" may neither be here nor there. You may need to reflect on the history of multi-party politics in Kenya, post December 1991, to realize that one does not need to "beat" Ruto, Raila, Kalonzo & other REAL ODM luminaries at the registrar's office, to lay claim of monopoly to that name ODM. Tomorrow we could as well have ODM, ODM- people, ODM-Asili, ODM-Kenya, ODM-Chungwa, .........etc, but the people will definitely have the democratic choice to affiliate with the ODM they truly KNOW,......make no mistake about that. Nothing under the provisions or articles of the Societies Act, CAP108., prevents ODM, ODM-people and ODM-Chungwa for instance, from both being registered, just as nothing in the Act, barred FORD-P, Ford-A and FORD-K from co-existing. I keep wondering whether DP strategists, if there are any, ...realize the negative net effect, of their relentless trickery, conmanship, and perpetual breach-of- contracts to allies and the public at large. Those "wise" three who "coincidentally" came up with the ODM name, just at this time, for their party, then went ahead to "beat" the real ODM luminaries in registering it tells a tale so familiar to Kenyans. We have passed through all that Wananchi, and there's nothing spectacular or wizard-like about such blatant political "Ukora". Like the referendum bribes, relief food, new districts, Universities, pay- hikes, etc,.... "watu wako na macho" and will out-smart any tricksters, fraudsters and extortionists working at the behest of the government. Through the Registrar's office, this latest attempt at political fraud, by the government, will definitely backfire on them, when the public perception of the DP-controlled State, becomes increasingly frustrating. It is obvious the public may view DP as a party currently flaunting the machinery and resources it wields, to curtail the registration of a popular & victorious post-referendum ODM outfit, which genuinely enjoys current overwhelming national support. DP, through their proxy, Deputy Registrar, Mrs. Waithaka, (& her boss Of-course) is essentially but unwittingly, doing some serious public relations marketing of the real ODM, to a sympathetic public, by invoking the old KANU tricks of the dark authoritarian days. The government is energizing the ODM in advance, ahead of their scheduled Provincial thanksgiving rallies following their (ODM) referendum victory. If Matunda can trace back the geneology of Ford-P party (now led by Kipkalya Kones), to its original roots, he may realize that there was originally only one FORD party, registered through the same Registrar's office. Intra-FORD factional wars of control started when Matiba returned from treatment in London, to challenge Jaramogi for stewardship of FORD. FORD later disintegrated into FORD- Kenya or "Agip House Ford", and FORD-Asili or "Muthithi House Ford". Needless to add, FORD-Asili eventually also split due to wars of control pitting Martin Shikuku and Kimani Wanyoike. They led to FORD-Asili (Saba Saba) and an off shoot KNC (Kenya National Congress) led by Wanyoike which later transformed into FORD-People. In all, most of the off-shoots were primarily trying to retain the original FORD name, which had commanded great support during the second liberation struggle. Great parallels can be drawn today, when Kibaki and his DP led government, have chosen the same path taken by Moi in his last years, of unwittingly using State Resources to frustrate pro-peoples parties and struggles. Kibaki's banning of ODM rallies, and attempts at preventing its official registration, only does one major thing. It emphasizes to the greater public that he (& his DP party) is (are) indeed the "common enemy" to be fought. He thus strengthens their resolve to remain united in their quest to remove him from power. Mark these words, Kenyans loathe the flaunting of State machinery, resources or "projects" in their faces,....... whether it's the riot police, the Registar's office, or even Kiraitu's "Billions". They deem all these schemes as wanton misuse of tax-payer money and abuse of voter capital/authority. In the past, Wananchi, the voters, simply rewarded Politicians and actually entrusted the President to guarantee their "maendeleo", meaning ......they allowed a One-man patronage and appropriation of State Resources. Today, Wananchi are demanding a change, ....they want the institutionalization of the sharing of resources and power, guaranteed under the Katiba, and not entrusted in the hands of one man called the President. I can certainly tell you further, following the 2005 referendum indicators, that there is a perception that President Mwai Kibaki, author of the Sessional Paper Number 10, (1965), may not guarantee maendeleo for NEP, Western, Nyanza, Coast, Ukambani and other areas of Kenya in the eyes of residents of such areas. Does anyone assume that people from these parts of Kenya think otherwise? Be the judge. The last two assaults on peoples fundamental freedoms of assembly and association, that is ,.....the banning of ODM rallies, and now attempts to frustrate the registration of the ODM party, by cheap tricks, is only helping the Banana government of Kibaki sink faster. But most important, it is boosting the public confidence in the real ODM, since the government has laid bare their fear of the Orange Democratic Movement. The public can't be more excited! unedited. Job.
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Post by Onyango Oloo on Dec 29, 2005 18:34:24 GMT 3
From: "migunaattorney" <migunaattorney@...> Date: Wed Dec 28, 2005 5:03 pm Subject: Re: Imitating Orange Sincerest Form of Banana Flattery
If we are serious about wanting Kenya to change for the better, then we cannot joke about things such as these. Our seriousness must be judged based on both our stated comments as well as our actions.
Joking about serious issues reducees our commitment and undermines our purpose.
Bw. Matunda, something becomes "illegal" if it is forbidden by "law" or "official rules." Please review the statements being made by the REAL ODM in the Kenyan press and look again at my comments and you will undoubtedly agree with me that an illegality occured here. There is no need to quibble with this matter.
The Registrar's job is not POLITICAL. So, where does "politics" get into this? Why don't we just examine this as an unethical, illegal and unprocedural work of an unscrupulous public official? Aren't there legal consequences to such unbridled illegalities? Why, for heaven's sake, are we even debating this?
In a society governed by the Rule of Law my brother, the Registrar would be facing charges in court. That's where the case should be - a criminal court; not a civil one.
If (God forbid) you returned from work one day and found some pretender (thief) holding what looks like your PhD certificate with his name on it, arguing that merely because he had his name scrawled over yours, he is the "legal owner" of the diploma. Will you go to a civil court or you will immediately call the RCMP or local police? Not a very good example, but a close one. Theft is theft no matter how it is executed. Confronted with a thief, we should not stop and marvel at the thief's ingenuity. We simply dial 911; don't we?
To suggest that we "cannot codify all conduct" is really to reduce this into some minor "indiscretion." Well, you and I know that it is not. [unedited]
-Miguna-
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Post by Onyango Oloo on Dec 29, 2005 18:37:22 GMT 3
groups.yahoo.com/group/africa-oped/message/17523From: "nmatunda" <matunda@...> Date: Wed Dec 28, 2005 8:15 pm Subject: Re: Imitating Orange Sincerest Form of Banana Flattery Miguna, I will let other speak on this. I want to make a couple of comments. * In your mesage below, you say that the registrar's job is "not political" yet you would like her to do exactly that: consider that there exists out there some entity called ODM and refuse an application by people (other than the NO-related politicos) to register a party by the name ODM. Her job is legal and she doesn't operate in a political vacuum! My recollection is that the law requires a name search and if no entity exists of the same name in the books the registrar issues a certificate to the applicants as long as they have fulfilled the rest of the registration requirements! * Secondly, in Kenya political parties exist as legal entities in order to compete in the political arena. The ODM of Raila, Kalonzo, Ruto and others exists in our imagination and that of its proponents. It has no offices, officials, articles of association or anything that could make it close to a legal entity! Only an intention has been expressed of registering the party by leaders of the NO side in the recent referendum. (From www.dictionary.com a legal entity is defined as : an entity (as a corporation or labor union) having under the law rights and responsibilities and esp. the capacity to sue and be sued.) * Given the above, the case cannot be compared with someone taking my doctoral certificate because my certificate exists in reaity: I can feel it, touch it, etc. The NO side's ODM doesn't exist, except in the wishes, imagination and conjures of people's minds, including yours, mine, those of its founders and many others out there! This comparison therefore is MOOT. * Taking your definition of the term "illegal" (something forbidden by law) how does Mrs Waithaka's actions become illegal? Under what law is she forbidden from registering parties that meet legal criteria? I would argue that she acted legally by interpretting the law "literally" and found the application to register ODM to have met the conditions of the law. I will leave others speak on this subject; I doubt we will ever reach the same conclusions because obviously our approach to the matter is coloured by our own biases! Matunda Nyanchama
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Post by Onyango Oloo on Dec 29, 2005 18:39:42 GMT 3
From: "Fred Aboge" <aboge001@...> Date: Wed Dec 28, 2005 8:05 pm Subject: Re: [africa-oped] Re: Imitating Orange Sincerest Form of Banana Flattery
DP opratives never stop giving ODM propaganda ideas! Watch ODM get quite a bit of political mileage out of this. Since wanainchi beat them, now they're frantic trying to use the registra's office in fighting ODM. Who is the the sorry strategist for DP?
Hilarious!
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Post by Onyango Oloo on Dec 29, 2005 18:42:57 GMT 3
From: MAINA GICHOHI <maina_gichohi@...> Date: Wed Dec 28, 2005 10:16 pm Subject: Re: [africa-oped] Re: Imitating Orange Sincerest Form of Banana Flattery
J K Munugu, It is one thing to be naive in the sense that one is innocent but your fretful remarks below are oblivious of the political atmosphere in Kenya. What exactly is your point? Well, they say that nowadays it is about as big a crime to be dumb as it is to be dishonest! Firstly, the ODM euphoria is completely ineluctable! I will not even attempt to explain myself further on this one. Secondly, Kenya is not where it is today on account of one man. It is here on account of the real common sense of the Big Normal Majority. We elect our Presidents, regardless of their political party/affiliations, then start daring them to make good. President Kibaki has totally failed Kenya. Kenyans know it and nothing can change the course of events to come......not even yours, the President's or the President's cohorts' blandishments! Lastly, a famous American cowboy once said, "A man that don't love a horse, there is something the matter with him. If he has no sympathy for the man that does love horses then there is something worse the matter with him." I suggest you ride with the times and avoid being soooo clamourous! Maina.
Joe Kihara Munugu <jmunugu@yahoo.com> wrote:
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Post by Onyango Oloo on Dec 29, 2005 18:45:25 GMT 3
From: Kihara Njoroge <kiharamtn@...> Date: Wed Dec 28, 2005 10:37 pm Subject: Re: [africa-oped] Re: Imitating Orange Sincerest Form of Banana Flattery
Bw Miguna
I live in Toronto but only know of you in Cyberspace. From looking at some of your articles in the Kenya times, you are noted as a barrister practicing in Toronto. I am assuming that you are registered in Kenya as well. If I disagreeumption is correct then you are in a position to show which Kenyan statutes were violated by the registration of ODM party.
Please educate me and others who might be interested in this matter. Asante
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Post by Onyango Oloo on Dec 29, 2005 18:50:11 GMT 3
From: "migunaattorney" <migunaattorney@...> Date: Wed Dec 28, 2005 11:04 pm Subject: Re: Imitating Orange Sincerest Form of Banana Flattery
Matunda,
You are right on one thing - we will not agree on this.
1. Things don't simply exist because you can touch and smell them Matunda. Even ideas you cannot touch "exist." I thought that you, Matunda, know a thing or 2 about "itellectual property." Do you have to touch an idea to own it? Do you need a registration certificate?
Can you touch your NAME? Please note that your body corporal and your NAME are two different things. Your name is not even the same as your birth certificate; and names exist without birth certificates.
Anyway, on ODM, you are wrong. ODM exists - the one you are saying is in the imagination. We know its leaders. We have seen them address rallies and press conferences. ODM won the referendum on 21 Nov. 2005. It is recognized as such by all and sundry, including the newspapers. One has to be hallucinating to say that it doesn't exist.
ODM does not need a registration certificate to exist; just as MWAKENYA did not. Or are we in doubt about Mwakenya or the December 12th Movement? By the way, did so-called "clandestine" parties and movements exist during the one-party system? Did the Kenya Socialist Congress of Odinga and Anyona exist? Merely because it was not registered does not mean that it never existed.
Does the Lords Resistance Army in Northern Uganda exist? Did Alice Lakwena's movement exist? Before Muzeveni's NRM/NRA captured power, was it registered anywhere? How about Garang's SPLA/SPLM? Were they ever registered in any Registrar's office in Sudan before the peace was ratified last year? Really, do movements exist merely on the basis of their registration? Was the ANC registered in South Africa from 1910 to 1994? Did it exist when Mandela, Sisulu etc were jailed?
How about the South African Communist Party? Did they exist after they were banned?
How about MAU MAU? Do you want to tell me that MAU MAU only existed in our imaginations because it was never registered? Could you touch it? In what way was the MAU MAU different from the ODM in terms of its "existence" or lack thereof?
Let us be real? You know you can't win this one; don't you?
2. As on illegalities; I think I've spoken. Let others be the judge.
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Post by Onyango Oloo on Dec 29, 2005 18:52:56 GMT 3
groups.yahoo.com/group/africa-oped/message/17531From: "nmatunda" <matunda@...> Date: Thu Dec 29, 2005 12:58 am Subject: Re: Imitating Orange Sincerest Form of Banana Flattery
Fred,You are very right! The fact that we are spending time on the subject underlines the attention the ODM has obtained. Whoever did the ODM registration might in the end not benefit much, especially if ODM chooses not to fight the battle and opt for another name; indeed, even if they fight the battle and lose/sin, they would have been in the glare of the media for a while and as we all know publicity is the oxygen on which politics thrives! It also demonstrates demonstrates the fact that a coin has two sides! Any issue has a potential of being a double-edged sword. Matunda Nyanchama
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Post by Onyango Oloo on Dec 29, 2005 18:57:53 GMT 3
From: "mosaisi1" <mosaisi1@...> Date: Thu Dec 29, 2005 10:10 am Subject: Re: Imitating Orange Sincerest Form of Banana Flattery
We need not fight. If the Uhuru camp thinks that something illegal took place, let them fight it in court. We have very little facts about the case so we cannot pass judgment.
This is not the first time that we have seen this kind of competition in Kenya. Year in year out, different factions from different parties rush to the registrar to have her recognize them as bona fide officials of parties. This often ends in court. The case at hand is no different. It is all about politics that translates to nothing in terms of service to Wanjiku.
People in North Eastern are dying from hunger. I have neither seen the Orange nor the Banana team charter planes to ferry food to the starving people. I bet that if there was an election today, the airspace of NE will be crowded with different types of planes. The ground will be saturated with Bananas and Oranges. Now where are those Bananas and Oranges that our too-fat-to-think politicians were distributing to be used as missiles?
R. Akombe
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