Quit Now: You broke law, State tells Omar

[njugunajohn]

"My prayers are that the writer of the article be found guilty of contravening Section 13 of the National Cohesion and Integration Act and be found liable for the penalties prescribed under the Act." - Moses Kuria

[mzee]

Nonsense. This is Hassans article, read and see that Kibunja is just being Kibunja. A lost man who does not know what he is doing.

I find his article very candid and truthful.


-----------------------
By Hassan Omar Hassan

It is highly unlikely that Kenya’s next president would be a Kikuyu. President Kibaki is not the iconic Nelson Mandela. It did not matter at the point of Mandela’s exit as president of South Africa that a fellow Xhosa would succeed him.

Yet Kibaki had an unparalleled opportunity to position himself as an iconic statesman, Africa’s reference point. We were at ‘Tahrir’ well before the Tunisians or Egyptians got there. Many then thought our democratic revolution of 2002 that ‘overthrew’ Moi and Kanu would give rise to the ‘African spring’.

Apart from some expanded roads with flyovers and an economic growth index, Kibaki’s legacy reflects an unacceptable institutionalisation of ethnicity. The imbalances in the recruitments in Public Service as supported by the report by the National Cohesion and Integration Commission to shameless dominance of all key sectors of Government. In 2002, it did not matter whether Kibaki or Uhuru Kenyatta became president.


From the unfortunate look of things, ethnicity will impact on the choice of president in the 2012 General Election. The 2007 presidential election were too ethnically charged. The Waki and the Kenya National Commission on Human Rights reports on the 2007 post-election violence provided a clear background as to some of the circumstances leading to the violence. Ethnic exclusion and imbalances, perceived victimisation particularly of Moi’s Rift Valley communities among a host of inequities and injustices.


You scar and bleed a nation when you willfully negate its sensitivities. To pass the microphone from one Njoroge to another, then to Nyoike and Murungi while addressing the soaring costs of energy. Or when Ndung’u passes the microphone to Kinyua then to Kenyatta to tell us why the shilling is losing ground. Or when the leadership of the country’s security apparatus is almost exclusively from Kibaki’s ethnic Kikuyu. You then wonder why there’s ethnicity in Kenya when the Government is working ‘tirelessly’ to patch your roads and build you new ones with flyovers. Kenyans are not idiots. We are a people endowed with sufficient talent, intellect and reason, alhamdulillah (Thank God)!

A possible Uhuru victory is premised on the G7 Alliance holding together. It cultivates on the common belief that Prime Minister Raila Odinga is behind their Hague predicament and consolidates itself on account of demonising Raila. If the cases proceed to full trial upon confirmation the unifying factor around the ‘Raila theory’ will puncture.

Many of the testimonies to the Waki Commission, the KNCHR and the Human Rights Watch on the violence in Rift Valley were from PNU co-ordinators and activists. I trust that a number of the Moreno-Ocampo witnesses in the Ruto case are too from this political divide. When the politics of the violence plays out at The Hague, many of the theories and conceptions would be demolished. The G7 Alliance, which provides a realistic formula for an Uhuru triumph might be unable to hold on account of these revelations.

The chances of ‘Kibaki’s men’ succeeding Kibaki rest on high improbabilities. It is therefore puzzling to read reports of how some of these operatives are attempting to centralise power through the devolution bills or such nonsense as locking out popularly elected governors from County security committees. Wisdom would dictate that there is more reassurance and ‘protection’ in decentralising power and ‘weakening’ the influence of the centre. In trying to decimate the motivation, one wonders what the Kibaki men know or are planning. Can they imagine a successor dictator president from outside their axis with an overloaded centre who proclaims to follow in these footstep and kufuata nyayo!

The writer is a commissioner with the KNCHR

www.standardmedia.co.ke/columnists/InsidePage.php?id=2000047361&cid=651&

[njugunajohn]

Dec 9, 2011 13:39:42 GMT 3 mzee said:

Nonsense. This is Hassans article, read and see that Kibunja is just being Kibunja. A lost man who does not know what he is doing.

I find his article very candid and truthful.

Everyone has a right to their own opinion but from where I stand this is what I see:

· February 13, 2011:

“Globally, the dominant view on President Kibaki could be that he represents part of the cacophony of obsolete despotic African leaders who must pave way for better governance. Not only is he viewed as having stolen an election in 2007, but also ‘stole’ hope and an opportunity for a genuine national rebirth by undermining the spirit of 2002 popular revolt. How do you explain a character that has been to some of the world’s finest schools and toured the globe coming across as an unrepentant ethnic bigot?”

· February 20, 2011:

“The promise of change has on several occasions aborted after appointing the pharaohs of ethnicity to preside over government. Yet the promise of Canaan is still real! Finance Minister Uhuru Kenyatta often wonders aloud why there is almost national suspicion and ire when leaders of the Kikuyu community meet. He needs to carefully study the legacy of Kenya’s first president and add that to a similar legacy of the third president. But when Kibaki takes over through the good faith of Kenyans and perpetuates a legacy of ‘ethnic occupation’, there is bound to be a reaction. When he dominantly appoints members of his ethnic group to all strategic institutions and domains of state, then you precipitate ethnic fallout. Kikuyus are worried about a possible payback from the rest of us!”

· March 13, 2011:

“The Prosecutor Luis Moreno-Ocampo being Argentinean and ‘mzungu looking’ does not make the ICC a foreign or mzungu court. What did the Kibaki Government expect? Enhanced trade with the ICC, boosting tourism with The Hague, or increased foreign investments from Argentina? It is not just about shielding the Ocampo Six, but also about (shielding) himself. No longer the President, the stakes diminish considerably for both the Government and suspects. Implicating Kibaki as a ‘private’ citizen will therefore not be a big deal! With an “unfriendly” successor, he or she will ‘heroically’ and ‘anti-impunitically’ hand him over to the ICC as suspect number seven to great local and international accolades in circumstances similar to those of Slobadan Milosevic and Charles Taylor!”

· March 27, 2011:

“By the time he died in 1978, Kenyatta (NB: he was referring to the Founding Father and First President Mzee Jomo Kenyatta) had created a feudal order. The desire for change thrust Kibaki to the presidency in 2002. Kibaki’s Government found comfort in the feudal system. The feudalists must contend with the ICC mechanism, which they neither ‘created’ nor control. How times change!”

· April 10, 2011:

“In practical terms, the overemphasis on some of the ICC suspects, the shuttle diplomacy and the careless political speech is casting us as a fragile or ‘failed State’. The MPs at The Hague sang our national anthem and draped themselves in our national colours ‘celebrating’ Kenyan’s first humiliating appearance at the ICC. How shameful?”

· April 17, 2011:

“The Kenya Government has often abandoned its people; the Uganda Government is fully conscious that President Kibaki has often surrendered “his people” to the jaws of their discretion and abuse; State House Uganda is conscious of the fragility and weakness of State House Kenya. As the Kibaki Government abandons its lesser citizens, Kenyans must not despair in fighting for their rights.”

· May 1, 2011:

“Do we have the grit to protect our territory and our people? I think Kibaki might handover this territory as he handed over Kenyan citizens upon request by Ugandan President Yoweri Museveni with reciprocal acknowledgement of ‘receipt of territory’. Mr. President, how difficult can it be to do the right thing and save the nation all this hullabaloo?”

· June 19, 2011:

“In a number of ways the police conducted itself in a partisan manner (in 2007) and is largely credited for preserving President Kibaki’s illegitimate hold on power against popular will. The force is an institution that Kibaki preferred to preserve rather than reform. The net benefit of this was witnessed in the pre and post-elections fiasco. As we race towards the 2012 General Election, we need to de-Kibakinise the police.”

· July 17, 2011:

“The current population census indicates that about 16% of Kenyans are Kikuyus; it is ‘taboo’ discussing ethnicity in Kenya and we habitually sugarcoat our interventions; the Kibaki regime exploits this state of affairs; reactions from State House on the ethnic imbalance typifies how pumbavu-ish they think of us. Kibaki must be told to be just, equitable and fair to all Kenyans; and all Kenyans must take a stand against Kibaki’s tribalism.”

· August 7, 2011:

“As Kenya Anti-Corruption Commission Director PLO Lumumba says, Kenya’s Tahrir is the 2012 General Election. Those who committed crimes against Kenya and its people must be punished: the thieves, murderers and violators. The Director of Public Prosecutions, Kerioko Tobiko, must ready his capacity. Africa’s great years of accountability are here with us. The law will show no mercy and spare no mortal.”

· August 14, 2011:

“To usher in a new Kenya, we must usher in a reformist leadership. We must guard against repeating past mistakes that are fatal to posterity. Posterity will be unforgiving. Unlike 2002, we must get it right this time around. The countdown has begun! A few good things have happened though. Dr. Willy Mutunga is Chief Justice!”

· August 28, 2011:

“Muslims in Kenya are yet to be citizens, at least as illustrated by those who are ‘more’ Kenyans like President Kibaki. His ethos I presume is that your rights count for nothing, you pumbavu Muslim terrorists! In fact being a Kenyan is a favour extended to us which we Muslims don’t seem to appreciate!”

· September 18, 2011:

“Mr. Kibaki don’t respect Muslims, just respect the Constitution; it is immaterial whether you respect your Muslim ministers or the community, with such shameless disregard of their or our concerns; but respecting the Constitution is mandatory! And I hasten to add that Mzee, time is running out on your part!”

· November 27, 2011:

“It is highly unlikely that Kenya’s next president would be a Kikuyu. President Kibaki is not the iconic Nelson Mandela. It did not matter at the point of Mandela’s exit as president of South Africa that a fellow Xhosa would succeed him. Yet Kibaki had an unparalleled opportunity to position himself as an iconic statesman, Africa’s reference point. We were at ‘Tahrir’ well before the Tunisians or Egyptians got there. Many then thought our democratic revolution of 2002 that ‘overthrew’ Moi and Kanu would give rise to ‘African spring’. Apart from some expanded roads with flyovers and an economic growth index, Kibaki’s legacy reflects an unacceptable institutionalisation of ethnicity and imbalances…

· Ethnicity will impact on the choice of president in the 2012 General Election; the 2007 presidential elections were too ethnically charged; some circumstances leading to the PEV included ethnic exclusion and imbalances, perceived victimisation of Moi’s community, inequalities and injustices. To pass a microphone from one Njoroge to another; then to Nyoike and Murungi; Ndung’u to Kinyua to Kenyatta, all exclusively from Kibaki’s ethnic Kikuyu and you wonder why there is ethnicity in Kenya. A possible Uhuru victory is premised on the G7 Alliance holding together; but the G7 Alliance might be unable to hold. Can they imagine a successor dictator president from outside their axis who proclaims to follow in these footsteps and kufuata nyayo!”

All the above (in bold) are excerpts from his articles for this year alone and from my viewpoint the above represents pathological hatred!

[affirmed]

There is nothing for Kibunja to investigate. What Hassan stated in this piece should force NCIC to act and end what is obviously blatant ethnic hold in some key government departments. During parliamentary hearings on dockets such as energy, finance, security -you see exactly what Hassan is saying. Kibunja should support what Hassan said and act by providing the way forward in terms of dealing with such slanting appointments. He should also investigate if the current/recent crises bedeviling the financial, energy, and security departments are largely driven by the tribal cabal that is rushing to his commission claiming to be victims. Hassan should not be investigated for simply stating the obvious. But I guess NCIC has unlimited resources, a lot of free time, and the need to make itself relevant. The unfortnate thing is that unless it rethinks its strategy, NCIC will soon be requested to investigate its irrelevance.

[johnmaina]

john my namesake,

pls stop embarrassing John's and to an extent fellow kyuks with your cut/paste articles lacking in any analysis which are slanted to suit your misinformed thinking.

you do not even mention which aspect Omar has incited others or whom he is inciting. On the issues he is addressing do they exist or not? have you forgotten the same useless body NCIC releasing a report a while back confirming the ethnication of kenya? which if it has benefitted you well n good but for the many of us informed kyuks (would'nt say they are majority) I know our problems remains the same as those of fellow tribes men in the country - socieconomic and physical insecurity, while the gluttons continue to feast.

[mzee]

Dec 9, 2011 13:54:36 GMT 3 @njugunajohn said:

Dec 9, 2011 13:39:42 GMT 3 mzee said:

Nonsense. This is Hassans article, read and see that Kibunja is just being Kibunja. A lost man who does not know what he is doing.

I find his article very candid and truthful.

Everyone has a right to their own opinion but from where I stand this is what I see:

· February 13, 2011:

“Globally, the dominant view on President Kibaki could be that he represents part of the cacophony of obsolete despotic African leaders who must pave way for better governance. Not only is he viewed as having stolen an election in 2007, but also ‘stole’ hope and an opportunity for a genuine national rebirth by undermining the spirit of 2002 popular revolt. How do you explain a character that has been to some of the world’s finest schools and toured the globe coming across as an unrepentant ethnic bigot?”

· February 20, 2011:

“The promise of change has on several occasions aborted after appointing the pharaohs of ethnicity to preside over government. Yet the promise of Canaan is still real! Finance Minister Uhuru Kenyatta often wonders aloud why there is almost national suspicion and ire when leaders of the Kikuyu community meet. He needs to carefully study the legacy of Kenya’s first president and add that to a similar legacy of the third president. But when Kibaki takes over through the good faith of Kenyans and perpetuates a legacy of ‘ethnic occupation’, there is bound to be a reaction. When he dominantly appoints members of his ethnic group to all strategic institutions and domains of state, then you precipitate ethnic fallout. Kikuyus are worried about a possible payback from the rest of us!”

· March 13, 2011:

“The Prosecutor Luis Moreno-Ocampo being Argentinean and ‘mzungu looking’ does not make the ICC a foreign or mzungu court. What did the Kibaki Government expect? Enhanced trade with the ICC, boosting tourism with The Hague, or increased foreign investments from Argentina? It is not just about shielding the Ocampo Six, but also about (shielding) himself. No longer the President, the stakes diminish considerably for both the Government and suspects. Implicating Kibaki as a ‘private’ citizen will therefore not be a big deal! With an “unfriendly” successor, he or she will ‘heroically’ and ‘anti-impunitically’ hand him over to the ICC as suspect number seven to great local and international accolades in circumstances similar to those of Slobadan Milosevic and Charles Taylor!”

· March 27, 2011:

“By the time he died in 1978, Kenyatta (NB: he was referring to the Founding Father and First President Mzee Jomo Kenyatta) had created a feudal order. The desire for change thrust Kibaki to the presidency in 2002. Kibaki’s Government found comfort in the feudal system. The feudalists must contend with the ICC mechanism, which they neither ‘created’ nor control. How times change!”

· April 10, 2011:

“In practical terms, the overemphasis on some of the ICC suspects, the shuttle diplomacy and the careless political speech is casting us as a fragile or ‘failed State’. The MPs at The Hague sang our national anthem and draped themselves in our national colours ‘celebrating’ Kenyan’s first humiliating appearance at the ICC. How shameful?”

· April 17, 2011:

“The Kenya Government has often abandoned its people; the Uganda Government is fully conscious that President Kibaki has often surrendered “his people” to the jaws of their discretion and abuse; State House Uganda is conscious of the fragility and weakness of State House Kenya. As the Kibaki Government abandons its lesser citizens, Kenyans must not despair in fighting for their rights.”

· May 1, 2011:

“Do we have the grit to protect our territory and our people? I think Kibaki might handover this territory as he handed over Kenyan citizens upon request by Ugandan President Yoweri Museveni with reciprocal acknowledgement of ‘receipt of territory’. Mr. President, how difficult can it be to do the right thing and save the nation all this hullabaloo?”

· June 19, 2011:

“In a number of ways the police conducted itself in a partisan manner (in 2007) and is largely credited for preserving President Kibaki’s illegitimate hold on power against popular will. The force is an institution that Kibaki preferred to preserve rather than reform. The net benefit of this was witnessed in the pre and post-elections fiasco. As we race towards the 2012 General Election, we need to de-Kibakinise the police.”

· July 17, 2011:

“The current population census indicates that about 16% of Kenyans are Kikuyus; it is ‘taboo’ discussing ethnicity in Kenya and we habitually sugarcoat our interventions; the Kibaki regime exploits this state of affairs; reactions from State House on the ethnic imbalance typifies how pumbavu-ish they think of us. Kibaki must be told to be just, equitable and fair to all Kenyans; and all Kenyans must take a stand against Kibaki’s tribalism.”

· August 7, 2011:

“As Kenya Anti-Corruption Commission Director PLO Lumumba says, Kenya’s Tahrir is the 2012 General Election. Those who committed crimes against Kenya and its people must be punished: the thieves, murderers and violators. The Director of Public Prosecutions, Kerioko Tobiko, must ready his capacity. Africa’s great years of accountability are here with us. The law will show no mercy and spare no mortal.”

· August 14, 2011:

“To usher in a new Kenya, we must usher in a reformist leadership. We must guard against repeating past mistakes that are fatal to posterity. Posterity will be unforgiving. Unlike 2002, we must get it right this time around. The countdown has begun! A few good things have happened though. Dr. Willy Mutunga is Chief Justice!”

· August 28, 2011:

“Muslims in Kenya are yet to be citizens, at least as illustrated by those who are ‘more’ Kenyans like President Kibaki. His ethos I presume is that your rights count for nothing, you pumbavu Muslim terrorists! In fact being a Kenyan is a favour extended to us which we Muslims don’t seem to appreciate!”

· September 18, 2011:

“Mr. Kibaki don’t respect Muslims, just respect the Constitution; it is immaterial whether you respect your Muslim ministers or the community, with such shameless disregard of their or our concerns; but respecting the Constitution is mandatory! And I hasten to add that Mzee, time is running out on your part!”

· November 27, 2011:

“It is highly unlikely that Kenya’s next president would be a Kikuyu. President Kibaki is not the iconic Nelson Mandela. It did not matter at the point of Mandela’s exit as president of South Africa that a fellow Xhosa would succeed him. Yet Kibaki had an unparalleled opportunity to position himself as an iconic statesman, Africa’s reference point. We were at ‘Tahrir’ well before the Tunisians or Egyptians got there. Many then thought our democratic revolution of 2002 that ‘overthrew’ Moi and Kanu would give rise to ‘African spring’. Apart from some expanded roads with flyovers and an economic growth index, Kibaki’s legacy reflects an unacceptable institutionalisation of ethnicity and imbalances…

· Ethnicity will impact on the choice of president in the 2012 General Election; the 2007 presidential elections were too ethnically charged; some circumstances leading to the PEV included ethnic exclusion and imbalances, perceived victimisation of Moi’s community, inequalities and injustices. To pass a microphone from one Njoroge to another; then to Nyoike and Murungi; Ndung’u to Kinyua to Kenyatta, all exclusively from Kibaki’s ethnic Kikuyu and you wonder why there is ethnicity in Kenya. A possible Uhuru victory is premised on the G7 Alliance holding together; but the G7 Alliance might be unable to hold. Can they imagine a successor dictator president from outside their axis who proclaims to follow in these footsteps and kufuata nyayo!”

All the above (in bold) are excerpts from his articles for this year alone and from my viewpoint the above represents pathological hatred!

COULD you please do a favor and DEBUNK everyone of the issues you have pasted? If you did that we would be talking. Otherwise rest in peace.

[destiny]

Njuguna welcome to the world wide web my brother. I have read kila kitu you quote Omar as having written and can't find any fault in any of those quotes. He's simply saying what thousands of us on the web have been saying all along. I challenge you to take a bus and tour around the country and listen to the voices of the people. Omar is just echoing poor Wanjiku! There's simply too much tribalism and corruption under Mzee Kibaki's watch, period.

[phil]

@ Njungunajohn

You want to create a mountain out of a mole hill.

Mzalendo Kibunja was the biggest blunder to have been made head of the NCIC especially after the 2007 PEV.

Now you see him, now you dont, but he never acts! How do you explain how he has left all that tribal hatred that has been coming from KKK adherents, starting with one convert known as Simon Mbugua who was caught on tape saying upepo mbaya ilitoka huko kwa bahari ikaharibu uhusiaono wetu sisi wakikuyu na wakalenjin?. How does that compare with the facts you attribute to Omar over 2011?

Get a life bwana!

[Luol Deng]

Dec 9, 2011 13:54:36 GMT 3 @njugunajohn said:

Dec 9, 2011 13:39:42 GMT 3 mzee said:

Nonsense. This is Hassans article, read and see that Kibunja is just being Kibunja. A lost man who does not know what he is doing.

I find his article very candid and truthful.

Everyone has a right to their own opinion but from where I stand this is what I see:

· February 13, 2011:

“Globally, the dominant view on President Kibaki could be that he represents part of the cacophony of obsolete despotic African leaders who must pave way for better governance. Not only is he viewed as having stolen an election in 2007, but also ‘stole’ hope and an opportunity for a genuine national rebirth by undermining the spirit of 2002 popular revolt. How do you explain a character that has been to some of the world’s finest schools and toured the globe coming across as an unrepentant ethnic bigot?”

· February 20, 2011:

“The promise of change has on several occasions aborted after appointing the pharaohs of ethnicity to preside over government. Yet the promise of Canaan is still real! Finance Minister Uhuru Kenyatta often wonders aloud why there is almost national suspicion and ire when leaders of the Kikuyu community meet. He needs to carefully study the legacy of Kenya’s first president and add that to a similar legacy of the third president. But when Kibaki takes over through the good faith of Kenyans and perpetuates a legacy of ‘ethnic occupation’, there is bound to be a reaction. When he dominantly appoints members of his ethnic group to all strategic institutions and domains of state, then you precipitate ethnic fallout. Kikuyus are worried about a possible payback from the rest of us!”

· March 13, 2011:

“The Prosecutor Luis Moreno-Ocampo being Argentinean and ‘mzungu looking’ does not make the ICC a foreign or mzungu court. What did the Kibaki Government expect? Enhanced trade with the ICC, boosting tourism with The Hague, or increased foreign investments from Argentina? It is not just about shielding the Ocampo Six, but also about (shielding) himself. No longer the President, the stakes diminish considerably for both the Government and suspects. Implicating Kibaki as a ‘private’ citizen will therefore not be a big deal! With an “unfriendly” successor, he or she will ‘heroically’ and ‘anti-impunitically’ hand him over to the ICC as suspect number seven to great local and international accolades in circumstances similar to those of Slobadan Milosevic and Charles Taylor!”

· March 27, 2011:

“By the time he died in 1978, Kenyatta (NB: he was referring to the Founding Father and First President Mzee Jomo Kenyatta) had created a feudal order. The desire for change thrust Kibaki to the presidency in 2002. Kibaki’s Government found comfort in the feudal system. The feudalists must contend with the ICC mechanism, which they neither ‘created’ nor control. How times change!”

· April 10, 2011:

“In practical terms, the overemphasis on some of the ICC suspects, the shuttle diplomacy and the careless political speech is casting us as a fragile or ‘failed State’. The MPs at The Hague sang our national anthem and draped themselves in our national colours ‘celebrating’ Kenyan’s first humiliating appearance at the ICC. How shameful?”

· April 17, 2011:

“The Kenya Government has often abandoned its people; the Uganda Government is fully conscious that President Kibaki has often surrendered “his people” to the jaws of their discretion and abuse; State House Uganda is conscious of the fragility and weakness of State House Kenya. As the Kibaki Government abandons its lesser citizens, Kenyans must not despair in fighting for their rights.”

· May 1, 2011:

“Do we have the grit to protect our territory and our people? I think Kibaki might handover this territory as he handed over Kenyan citizens upon request by Ugandan President Yoweri Museveni with reciprocal acknowledgement of ‘receipt of territory’. Mr. President, how difficult can it be to do the right thing and save the nation all this hullabaloo?”

· June 19, 2011:

“In a number of ways the police conducted itself in a partisan manner (in 2007) and is largely credited for preserving President Kibaki’s illegitimate hold on power against popular will. The force is an institution that Kibaki preferred to preserve rather than reform. The net benefit of this was witnessed in the pre and post-elections fiasco. As we race towards the 2012 General Election, we need to de-Kibakinise the police.”

· July 17, 2011:

“The current population census indicates that about 16% of Kenyans are Kikuyus; it is ‘taboo’ discussing ethnicity in Kenya and we habitually sugarcoat our interventions; the Kibaki regime exploits this state of affairs; reactions from State House on the ethnic imbalance typifies how pumbavu-ish they think of us. Kibaki must be told to be just, equitable and fair to all Kenyans; and all Kenyans must take a stand against Kibaki’s tribalism.”

· August 7, 2011:

“As Kenya Anti-Corruption Commission Director PLO Lumumba says, Kenya’s Tahrir is the 2012 General Election. Those who committed crimes against Kenya and its people must be punished: the thieves, murderers and violators. The Director of Public Prosecutions, Kerioko Tobiko, must ready his capacity. Africa’s great years of accountability are here with us. The law will show no mercy and spare no mortal.”

· August 14, 2011:

“To usher in a new Kenya, we must usher in a reformist leadership. We must guard against repeating past mistakes that are fatal to posterity. Posterity will be unforgiving. Unlike 2002, we must get it right this time around. The countdown has begun! A few good things have happened though. Dr. Willy Mutunga is Chief Justice!”

· August 28, 2011:

“Muslims in Kenya are yet to be citizens, at least as illustrated by those who are ‘more’ Kenyans like President Kibaki. His ethos I presume is that your rights count for nothing, you pumbavu Muslim terrorists! In fact being a Kenyan is a favour extended to us which we Muslims don’t seem to appreciate!”

· September 18, 2011:

“Mr. Kibaki don’t respect Muslims, just respect the Constitution; it is immaterial whether you respect your Muslim ministers or the community, with such shameless disregard of their or our concerns; but respecting the Constitution is mandatory! And I hasten to add that Mzee, time is running out on your part!”

· November 27, 2011:

“It is highly unlikely that Kenya’s next president would be a Kikuyu. President Kibaki is not the iconic Nelson Mandela. It did not matter at the point of Mandela’s exit as president of South Africa that a fellow Xhosa would succeed him. Yet Kibaki had an unparalleled opportunity to position himself as an iconic statesman, Africa’s reference point. We were at ‘Tahrir’ well before the Tunisians or Egyptians got there. Many then thought our democratic revolution of 2002 that ‘overthrew’ Moi and Kanu would give rise to ‘African spring’. Apart from some expanded roads with flyovers and an economic growth index, Kibaki’s legacy reflects an unacceptable institutionalisation of ethnicity and imbalances…

· Ethnicity will impact on the choice of president in the 2012 General Election; the 2007 presidential elections were too ethnically charged; some circumstances leading to the PEV included ethnic exclusion and imbalances, perceived victimisation of Moi’s community, inequalities and injustices. To pass a microphone from one Njoroge to another; then to Nyoike and Murungi; Ndung’u to Kinyua to Kenyatta, all exclusively from Kibaki’s ethnic Kikuyu and you wonder why there is ethnicity in Kenya. A possible Uhuru victory is premised on the G7 Alliance holding together; but the G7 Alliance might be unable to hold. Can they imagine a successor dictator president from outside their axis who proclaims to follow in these footsteps and kufuata nyayo!”

All the above (in bold) are excerpts from his articles for this year alone and from my viewpoint the above represents pathological hatred!

This is what I call stalking.

[joblesscorner]

Kenya National Commission on Human Rights Commissioner Hassan Omar was quizzed for close to 8 hours by the national cohesion and integration commission over allegations of perpetuating hate speech that could trigger ethnic animosity. Omar is alleged to have penned an article insinuating that Kenya's next president would not be expected to come from the Kikuyu ethnic community.on a matter that also serves to show how thin the line between debate on ethnicity and hate speech may be.

[merkeju]

NCIC is an embarrassment, they themselves pointed out how ethnicity is rooted in Kibaki administration, at least Moi NEVER APPOINTED A KALENJIN as Minister of Finance nor commissioner of police but Kibaki shoves it on our faces and asks Mta do?.

Get something to do and leave Hassan alone

[njugunajohn]

Daily Nation (Wednesday, December 14, 2011) Page 9



My verdict is that he'll be found guilty because his claims are not factual:

1) Hassan Omar Hassan has peddled lies based on what he calls ethnic imbalance in government. He specifically points to Defence, Internal Security and Finance. Note that all these are headed by members of the PNU side of the government. The list he's relying on conveniently leaves out the names of officers who stem from other communities. In Finance for example, the name Oburu is never mentioned, he also doesn't mentions Mutua Kilaka and Esther Koimett among others. What about the recent appointments, namely the controller of budget and the auditor general? He talked about top management but never bothered to complete the list.

In defence, he leaves out the name of the minister and points to the head of the defence force without naming his deputies.

The story goes on and on.

It is deceptive to point to the names of members of an individual community in organizations that have thousands of employees to elicit ill feelings among the populace.

I'm sure if I take the staff of Nakumatt for example, I could come up with a scheme similar to his if I decided to list all Kikuyu employees and conveniently leave out the names of management, who we all know are Hindu. I could lead Kenyans to believe that the company is actually owned by a specific community since most employees stem from the specific community.

2) Finally, we all know that Hassan Omar Hassan stated in the April edition of the Nairobi Law Monthly that, 'Prime Minister Raila Odinga is his “dad” and saviour', meaning we can guarantee that he'll be sympathetic to Raila's cause and do all to paint the Kibaki government, which we all know does not see eye to eye with Raila's side of the government, as and evil and conniving entity. The fact that he has declared his desire to run for the seat of Mombasa Senator also brings doubt and suspicion to the actual cause of his rants.

In my view, it was all political and had nothing to do with fighting for the rights of Wanjiku.

He has a political master and also wants to vie for political office. That summarizes why he will probably be found guilty.

[stibin]

Courtesy of Njuguna’s ‘pastes’ many of us can now see that Hassan Omar is among the few fearless writers who say things as they are. Actually this kind of boldness is amazing considering the guy works for a public office.

Kibunja might want to prosecute him but the truth is that in 2002/3 Kibaki lost a golden chance for unifying the country, or at least taming ethnicity to acceptable levels. Instead, he started by trashing the infamous MOU which helped him clinch presidency. This was followed by unmitigated ethnicity in public appointments. Luckily, the new constitution seems to be a major hindrance. No wonder the gentlemen cleverly filled some positions just before the new law came into effect.

But to be fair Kibaki cannot be faulted on other areas like building roads, supporting freedom for opinion and information (though state agents silenced a few dissenting souls) and increased revenue collections, among others.

[furaha]

Dec 14, 2011 11:34:43 GMT 3 @njugunajohn said:

Daily Nation (Wednesday, December 14, 2011) Page 9


My verdict is that he'll be found guilty because his claims are not factual:

One thing is clear: anyone who writes for the public domain on issues related to ethnicity and discrimination should be very careful about what they write and how they choose their words. These are sensitive issues and care must be taken not to aggrieve or offend certain groups unnecessarily and/or deliberately.

But the care writers should take must be balanced against the importance of ensuring that freedom of expression is not limited unduly. But this cannot mean that facts cannot be stated, as Hassan Omar has done in his column. In any healthy public debate facts are important. They are needed to do a proper analysis and are also a key to solutions.

It is high time the country addresses the existing imbalances in the ethnic composition of its political office holders, its civil service and its parastatals. Addressing these will require affirmative action for underrepresented groups, including women. And we all know that affirmative action policies can be controversial. So the sooner this is discussed openly, the better.

But I find it rather ironic that the NCIC should be interrogating Omar about his column. That same NCIC did indeed produce a report about the ethnic make-up of government ministries. But it published only part of the findings. It gave overall figures, at the aggregate level, but did not release the break-down by rank. Had it done so it would have been even clearer that in individual ministries the over-representation of certain communities (and not only Kikuyu's) is particularly strong in the most senior ranks. This showed great lack of courage on the NCIC's part. They cannot be the ones to throw stones at Hassan Omar...

Furaha

[njugunajohn]

It seems no one truly appreciates the gravity of the situation and just what a great predicament we find ourselves in.

I will put it simply so that my point doesn't get marred by a multitude of words.

Hassan Omar Hassan is tasked with the responsibility of fighting for the rights of every Kenyan through his KNCHR office.

By every Kenyan, I mean all of them, including Kikuyus. Remember that he also took an oath and swore to fight for everyone.

Now, how is it that he feels the need to attack a community whose rights he's supposed to fight for?

Again, are Kibaki's sins (ifn he has any) the collective sins of the Kikuyu and vice-versa?

Finally, we've had Kenyan Presidents since independence, not 2 Kikuyu presidents and a Kalenjin.

The reason for this is simple - did we have a British governor before independence or did we have one from whatever tribe he came from? He was British and therefore the Presidents were Kenyan.

If Uhuru Kenyatta becomes President, he will be a Kenyan President, not a Kikuyu President.

We are first Kenyan; then and only then are we whatever tribe we are.

In the same way, we are first human, then we are Kenyan or rather we are first human and then we are men or women.

We are not Kenyans and thus human or women and thus human but human and then Kenyan; therefore we are Kenyan and then KikKalLuoLuhKam-whatever.

Omar Hassan had a responsibility but he failed to live up to the standard required of him.

The fact that he is not Luo or Kalenjin has helped him considerably because if he were he'd be in prison by now, because Kenyans would have immediately seen the hate he is spewing.

But because he is not among the tribes that normally feud, no one thinks its a big deal, yet he's done that which countless others have done, which is inciting the general public against a specific community.

No

[adongo23456]

Folks,

This is nothing but intimidation and harrassment verging on the supression of free speech. There is nothing Hassan Omar said that is not true. If it offends some bigots, that is their problem.

Kibaki is a tribalist and that is just a simple fact backed by a mountain of evidence. Raila has been accused of nepotism with facts. Should those who say or write such things be subjected to some fascist mind police (NCIC) to interrogate them for 8 hours?

NCIC MUST stop behaving like they are the new Special Branch out to control what people say or write. It is even worse when Kenyans begin to see a tribal agenda within the NCIC itself.

They just tried to prosecute some M.P who ordered some communities to pack up and leave before they get thrown out. That is outright incitement which is what the NCIC was supposed to deal with. Guess what as soon as the case got going in court, the same NCIC withdrew the charges.

Here it is:

www.standardmedia.co.ke/InsidePage.php?id=2000040188&cid=4

Now they want to harrass Omar for having the guts to tell Kenyans the truth about tribalism and ethnic chauvinism that the Kibaki government has practiced on Kenyans for the last 9 years as the president. Shame on them.

Omar should sue these people for harassment and an attempt to deny him his right to free speech. The NCIC mandate is to deal with tribal incitement and nothing in what Hassan Omar wrote has even a hint of incitement.

In fact I think it is the bahaviour of the NCIC that amounts to incitement. They are behaving like certain individuals and communities are a protected species in the country. That is nonsense. The NCIC does not have the mandate to control and take away the rights of free speech from Kenyans. That is one of the fundamental rights protected in our constitution. It is time to sue these zealots at the NCIC. They are an embarrassment to the country.

[mwalimumkuu]

For a commissioner with KNCHR to be stooping this low is a cause for worry. How does Hassan choose which rights to defend and which ones to step on. It is very sad indeed.

Hassan and others who occupy such positions ought to be the last persons to be engaging in such mundane and lowly debates as who will be the next president and from which community s/he will come from.

Kibunja is right to go for him these are the kinds of things and cause us trouble all the time.

[adongo23456]

Dec 14, 2011 17:33:04 GMT 3 mwalimumkuu said:

For a commissioner with KNCHR to be stooping this low is a cause for worry. How does Hassan choose which rights to defend and which ones to step on. It is very sad indeed.

Hassan and others who occupy such positions ought to be the last persons to be engaging in such mundane and lowly debates as who will be the next president and from which community s/he will come from.

Kibunja is right to go for him these are the kinds of things and cause us trouble all the time.

Telling the truth can never be called stooping low. Kibaki is an ethnic chauvinist of the worst kind. The facts speak for themselves. Kibaki almost destroyed our beloved country trying to impose ethnic dictatorship in the country. Why are we at the Hague facing crimes against humanity? Why were children being burned in their homes? Why is Kibaki's chief of staff Mr. Muthaura facing charges of mass murder and rape? Who were they killing and raping?

The catalogue of what Omar has said is a blistering attack on ethnic chauvinism by Kibaki and his cohorts. He MUST wear that as a badge of honour and know that millions of Kenyans are very proud of his courage to speak the truth. Trying to twist Omar's piece into some narrow paranoia about which tribe can be president or not is just petty parochialism.

Kibunja has no mandate to stiffle the truth. Kibunja has no mandate to deny Kenyans their rights to free speech. Kibunja has no mandate to be carrying out his own ethnic progrom of harrassing people questioning his tin gods. Kibunja should be sued for attempting to muzzle Kenyans and criminalize free speech and telling the truth. If Kibunja wants that fight, we are very ready for him and I think he is messing with the wrong guy. They will not intimidate Hassan Omar. He is going to take the battle right to Kibunja's doorstep and we will be right behind him.

It is time to take on the NCIC bigots like Kibunja with their own ethnic agenda. Wasn't it the same Kibunja who promised to provide the names of people in various ministries to address tribalism and nepotism? As soon as he was told the worst culprits are the Office of the president, Internal Affairs ministry, the security apparatus, ministry of finance and such other Kikuyu heavy ministries, he chickened out. So what is Kibunja's tribal agenda? It seems obvious to me. He is promoting exactly what he was supposed to fight. Just pathetic. He will not get away with this business of harrassing people for nothing. Enough already!

[einstein]

Dec 14, 2011 17:32:58 GMT 3 adongo23456 said:

Folks,

This is nothing but intimidation and harrassment verging on the supression of free speech. There is nothing Hassan Omar said that is not true. If it offends some bigots, that is their problem.

Kibaki is a tribalist and that is just a simple fact backed by a mountain of evidence. Raila has been accused of nepotism with facts. Should those who say or write such things be subjected to some fascist mind police (NCIC) to interrogate them for 8 hours?

NCIC MUST stop behaving like they are the new Special Branch out to control what people say or write. It is even worse when Kenyans begin to see a tribal agenda within the NCIC itself.

They just tried to prosecute some M.P who ordered some communities to pack up and leave before they get thrown out. That is outright incitement which is what the NCIC was supposed to deal with. Guess what as soon as the case got going in court, the same NCIC withdrew the charges.

Here it is:

www.standardmedia.co.ke/InsidePage.php?id=2000040188&cid=4

Now they want to harrass Omar for having the guts to tell Kenyans the truth about tribalism and ethnic chauvinism that the Kibaki government has practiced on Kenyans for the last 9 years as the president. Shame on them.

Omar should sue these people for harassment and an attempt to deny him his right to free speech. The NCIC mandate is to deal with tribal incitement and nothing in what Hassan Omar wrote has even a hint of incitement.

In fact I think it is the bahaviour of the NCIC that amounts to incitement. They are behaving like certain individuals and communities are a protected species in the country. That is nonsense. The NCIC does not have the mandate to control and take away the rights of free speech from Kenyans. That is one of the fundamental rights protected in our constitution. It is time to sue these zealots at the NCIC. They are an embarrassment to the country.

Adongo,

And of course Tobiko and NCIC go AWOL as outgoing Nairobi Chief Magistrate Gilbert Mutembei does it yet again!!!


MPs acquitted of hate speech charges


From right: Kuria MP Wilfred Machage, his Mt Elgon counterpart Fred Kapondi and businesswoman Christine Nyagitha Miller were acquitted of hate speech charges during the campaigns against the 2010 constitutional referendum December 14, 2011. FILE

www.nation.co.ke/News/politics/MPs+acquitted+of+hate+speech+charges/-/1064/1289238/-/ui23b8/-/index.html


It is only in Kenya where a judge can admit that there was enough evidence to prove guilt of an accused, but dismiss it all the same.


Just check this ruling out!


Kuria MP Wilfred Machage, his Mt Elgon counterpart Fred Kapondi and businesswoman Christine Nyagitha Miller were acquitted because the prosecution failed to prove that the accused were guilty even though they had all evidence, outgoing Nairobi Chief Magistrate Gilbert Mutembei ruled.

Mr Mutembei, now the High Court deputy registrar, said: “The prosecution failed to comply with the rules regarding electronic evidence and I find the accused not guilty and acquit them.”

[adongo23456]

Dec 14, 2011 20:44:56 GMT 3 einstein said:

Dec 14, 2011 17:32:58 GMT 3 adongo23456 said:

Folks,

This is nothing but intimidation and harrassment verging on the supression of free speech. There is nothing Hassan Omar said that is not true. If it offends some bigots, that is their problem.

Kibaki is a tribalist and that is just a simple fact backed by a mountain of evidence. Raila has been accused of nepotism with facts. Should those who say or write such things be subjected to some fascist mind police (NCIC) to interrogate them for 8 hours?

NCIC MUST stop behaving like they are the new Special Branch out to control what people say or write. It is even worse when Kenyans begin to see a tribal agenda within the NCIC itself.

They just tried to prosecute some M.P who ordered some communities to pack up and leave before they get thrown out. That is outright incitement which is what the NCIC was supposed to deal with. Guess what as soon as the case got going in court, the same NCIC withdrew the charges.

Here it is:

www.standardmedia.co.ke/InsidePage.php?id=2000040188&cid=4

Now they want to harrass Omar for having the guts to tell Kenyans the truth about tribalism and ethnic chauvinism that the Kibaki government has practiced on Kenyans for the last 9 years as the president. Shame on them.

Omar should sue these people for harassment and an attempt to deny him his right to free speech. The NCIC mandate is to deal with tribal incitement and nothing in what Hassan Omar wrote has even a hint of incitement.

In fact I think it is the bahaviour of the NCIC that amounts to incitement. They are behaving like certain individuals and communities are a protected species in the country. That is nonsense. The NCIC does not have the mandate to control and take away the rights of free speech from Kenyans. That is one of the fundamental rights protected in our constitution. It is time to sue these zealots at the NCIC. They are an embarrassment to the country.

Adongo,

And of course Tobiko and NCIC go AWOL as outgoing Nairobi Chief Magistrate Gilbert Mutembei does it yet again!!!


MPs acquitted of hate speech charges


From right: Kuria MP Wilfred Machage, his Mt Elgon counterpart Fred Kapondi and businesswoman Christine Nyagitha Miller were acquitted of hate speech charges during the campaigns against the 2010 constitutional referendum December 14, 2011. FILE

www.nation.co.ke/News/politics/MPs+acquitted+of+hate+speech+charges/-/1064/1289238/-/ui23b8/-/index.html

einstein,

Apparently the NCIC tried to withdraw the case some time back as earlier reported by the newspapers. Now we see they lost the case. I mean if you cannot get a conviction for people who publicly incited ethnic and political violence including people being ordered back to their original homeland, others threatening to have people stoned etc, why are they clowning around now harrassing a guy who has never incited anybody.

The NCIC is by far the most useless, cluless, leaderless sick piece of garbage called a commission in our country. They are eating our money for nothing. They talk nonsense 24/7. They have nothing to show for their years of existence. I am not sure they have even prepared any significant report on the state of ethnic intolerance in Kenya. Kibunja himself is just an irritant with a big mouth and no ideas on how to do his job.

He should ask Hassan Omar how the KNCHR has been able to do such a marvelous job on their mandate. For one thing KNCHR has built very effective administrative structures and employed highly qualified staff which makes KNCHR a highly functioning institution. NCIC rotates around Kibunja and his theatrics of trying to look important and stay relevant. NCIC has no structures anywhere. It is just Kibunja sniffing people's butts to find out when they last farted.

Kibunja could not even do an audit of public employees to ashame the tribalists running these institutions and force the government to promote equity. That is his number one job. He has no business acting like the new Opiyo head of the Special Branch trying to police what we can say and write about. Bure kabisa.

[einstein]

The CJ Mutunga knew what he was talking about when he described Chief Magistrate Gilbert Mutembei as 'the conveyor-belt of acquittals'!

Chief Magistrate Gilbert Mutembei dismissed Ruto's land fraud case on exactly similar grounds!

Why can't the CJ just retire Chief Magistrate Gilbert Mutembei?? He is a complete disgrace to the judiciary! But Tobiko must also start doing his job. His honeymoon period is long gone!

Sorry for having digressed, but I just had to get this off my chest somewhere.

[adongo23456]

Dec 14, 2011 21:52:19 GMT 3 einstein said:

The CJ Mutunga knew what he was talking about when he described Chief Magistrate Gilbert Mutembei as 'the conveyor-belt of acquittals'!

Chief Magistrate Gilbert Mutembei dismissed Ruto's land fraud case on exactly similar grounds!

Why can't the CJ just retire Chief Magistrate Gilbert Mutembei?? He is a complete disgrace to the judiciary! But Tobiko must also start doing his job. His honeymoon period is long gone!

einstein,

When you talk about Tobiko who as we said cannot prosecute a chicken thief caught red handed without losing the evidence (chicken to somebody's pot) and Mutembei and you add Kibunja you are talking about the Three Stooges. That is the classic cartoon of Moe and his two other friends. Those clowns cannot fix a broken window without breaking down the whole house. At least they are funny doing their thing. Our three stooges are just that. Stooges.

The case against the three other stooges - Machage, Kapondi and Miller was a slumm dunk case. A first year law student would get a conviction here easily. The damn thing was on live TV. But the bunglers and bumblers at the DPP's office found a way to screw it and Mutembei the third piece in the puzzle did his thing.

Actually this would have been a very powerful message to the politicians because it dealt with the real issue of inciting expulsion of Kenyans from certain tribes from certain areas. A conviction here would have put everybody on notice and Kenyans would be demanding that anybody who threatens people with expulsion from their homes go to jail.

[job]

We already knew that the DPP - a newly created Constitutional Office - started on a terrible note. Overhaul will be needed; as is the AG Office which is currently preoccupied with Appealing the al Bashir warrant case.


The truth is, the Judiciary still needs a lot of weeding. The Mutembeis still perpetuating the old ways will have to be dealt with sooner rather than later.

[njugunajohn]

Hassan Omar Hassan was on Radio Jambo on Thursday the 15th of December trying to agitate Kenyans in the same way he did through his articles.

Public Communications issued the following statement:

HASSAN OMAR HASSAN SHOULD RESIGN FOR VIOLATING THE INTEGRITY CHAPTER OF OUR CONSTITUTION

Our new Constitution has strengthened and properly entrenched our Government structure. Checks and balances that ensure discipline and good governance have been clearly defined. According to our Constitution, it cannot and should never be business as usual.

An important section of our katiba is Chapter 6 that talks of integrity and the quality of good leaders. Kenya needs to be a country where the basics of ethics, tolerance, focus and enhancement of unity are the main lyrics by all leaders and people in positions of influence. We have to say no to hatred, to prophets of tribalism, to corrupt people and to people whose focus is on what sets us apart than what brings us together.

To this end, people in Government or positions of influence who preach intolerance and use tribalism as a weapon to advance their own arguments should not be allowed to continue serving in positions of leadership. It is quite a shock that a Commissioner of a Constitutional body in our country would voice an opinion that paints one tribe in our country negatively in a way that creates intolerance and in extent promotes hatred.

We are, as a country, have just come from the darkest period of our country, where polarization and tribalism led to abuses of human rights of our people. The blood of the children, mothers, brothers, sisters and fathers of our beloved country coloured the ground as people were attacked just because of their beliefs and their tribe.

It is, for lack of a better words, flabbergasting, shocking, amazing, astounding and scary that a Commissioner of Human Rights actually promotes views that can be understood to promote tribal differences similar to those witnessed before and during the post-election violence. We should ask ourselves, if the defenders of Human Rights are promoting division and intolerance, who will protect the innocent children of our country?

Our Commissioner should know that no one sends a postcard requesting which tribe to be born or where to be born. Every Kenyan has a right to aspire, to dream and to seek to achieve personal growth. It does not matter where you are born, it does not matter what tribe you are, it does not matter whether you are male or female, it does not matter what religion you are, it does not matter what languages you speak and it does not even matter how tall, short, fat, or thin you are. If you are a Kenyan you are a Kenyan and you should walk proudly in this great land with no apologies because this is a New Kenya – Kenya Mpya.

Therefore, we call upon Commissioner Mr. Hassan Omar Hassan to do the honourable thing and in keeping with Chapter Six of our Constitution, to step aside and even better resign for he has violeted our constitution. The integrity Chapter of our Katiba is clear that Mr. Hassan should, as per Section 73 (1) (v) promote “Public confidence in the integrity of the office.” He has failed to uphold the requirement of Section 73 (2) (b) that requires a Government official to be a person who exercises “Objectivity and impartiality in decision making and in ensuring that decisions are not influenced by nepotism, favoritism, and other improper motives or corrupt practices.”

Therefore, it is the New Kenya, our Constitution that is saying that Mr. Hassan Omar has no place in today’s reality. He should resign or be removed from his responsibilities immediately.

All Kenyans who love our country and who want a clear break from the past should all rise up and say no to prophets of impunity and to any person, who preaches intolerance, promotes hate and who is not keeping with the reality of a New Kenya.


DR. ALFRED N. MUTUA, EBS
PUBLIC COMMUNICATIONS SECRETARY &
GOVERNMENT SPOKESPERSON

14th December, 2011

[njugunajohn]

Here's the link to Mutua's statement: www.communication.go.ke/media.asp?id=1351&media_type=2