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Post by b6k on Oct 6, 2014 17:53:01 GMT 3
KENYA PRESIDENT TO STEP DOWN DURING COURT HEARING By JASON STRAZIUSO Associated Press Oct 6, 2014, 9:57 AM NAIROBI, Kenya — Kenyan President Uhuru Kenyatta on Monday told the nation in an address before parliament that he would temporarily step down as president while attending a hearing at the International Criminal Court this week. Kenyatta said he would invoke a never-before-used article of the constitution that will see Deputy President William Ruto temporarily fulfill the role of president. That article says the deputy can fill in when the president is absent, temporarily incapacitated or during any other period the president decides. The temporary abdication of the country's top political job is Kenyatta's way of fulfilling the court order that he attend, but insisting that he be a private citizen during the court hearing and not the first president to sit before the court. "It is for this reason that I chose not to put the sovereignty of more than 40 million Kenyans on trial since their democratic will should never be subject to another jurisidiction," Kenyatta siad. "Therefore let it not be said that I am attending the status conference as the preisdent of Kenya," he continued. "Nothing in my position or my deeds as president warrants my being in court." If Kenyatta had refused to go, as some members of his political party have urged, he risked facing an international arrest warrant and of international condemnation or economic sanctions against Kenya. Kenyatta, Ruto and a Kenyan radio personality all face crimes against humanity charges before the ICC. The ICC's prosecutor has accused the three of inciting massive violence following the country's 2007 election. That violence — often ethnically motivated — killed more than 1,000 people and uprooted 600,000 from their homes. Kenyatta has appeared before the court before but was not president at the time. abcnews.go.com/International/wireStory/kenya-president-step-court-hearing-25992291 |
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Post by jakaswanga on Oct 6, 2014 20:50:25 GMT 3
KENYA PRESIDENT TO STEP DOWN DURING COURT HEARING By JASON STRAZIUSO Associated Press Oct 6, 2014, 9:57 AM NAIROBI, Kenya — Kenyan President Uhuru Kenyatta on Monday told the nation in an address before parliament that he would temporarily step down as president while attending a hearing at the International Criminal Court this week. Kenyatta said he would invoke a never-before-used article of the constitution that will see Deputy President William Ruto temporarily fulfill the role of president. That article says the deputy can fill in when the president is absent, temporarily incapacitated or during any other period the president decides. The temporary abdication of the country's top political job is Kenyatta's way of fulfilling the court order that he attend, but insisting that he be a private citizen during the court hearing and not the first president to sit before the court. "It is for this reason that I chose not to put the sovereignty of more than 40 million Kenyans on trial since their democratic will should never be subject to another jurisidiction," Kenyatta siad. "Therefore let it not be said that I am attending the status conference as the preisdent of Kenya," he continued. "Nothing in my position or my deeds as president warrants my being in court." If Kenyatta had refused to go, as some members of his political party have urged, he risked facing an international arrest warrant and of international condemnation or economic sanctions against Kenya. Kenyatta, Ruto and a Kenyan radio personality all face crimes against humanity charges before the ICC. The ICC's prosecutor has accused the three of inciting massive violence following the country's 2007 election. That violence — often ethnically motivated — killed more than 1,000 people and uprooted 600,000 from their homes. Kenyatta has appeared before the court before but was not president at the time. abcnews.go.com/International/wireStory/kenya-president-step-court-hearing-25992291b6k, this brings tears to my eyes. Tears of relief. You see I was not sure people like Muigai and the whole lot of our politicians really recognise the depths of national sovereignty. There is hardly anything they are guilty of taking seriously save looting Wamjiku's pockets, and I was afraid the concept of 'a peoples sovereignty' means nothing to them. But it appears some fellow, may be the soldiers, did not know how to interpret loyalty to a his Excellency under a foreign court for whatever period however short. ABDICATION of the Muthamaki was therefore a brilliant technical solution to the impasse. NB: I seen, on the positive side, the kind of terrifying heroism men can rise to in defence of their national dignity; and, on the negative side, the kind of demented fury that can issue out of the hearts of men and inform their deeds in the name of avenging (perceived) national humiliation. These have made me very sensitive to situations where the sovereignty of a people is trampled with impunity, or treated without the necessary sensitivity. Very good move Ouru, very good move sir. There are things even a god would be wise not to do. |
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Post by jakaswanga on Oct 6, 2014 21:02:20 GMT 3
b6k okay, it is farce with the necessary comedy, but that one will ride. After all Kibaki made an announcement there was only one First Lady, yet --was it Mr. Ipisu at state house? knew otherwise and referred to another woman not Lucy, as Fist Lady!
Even Kidero's mother of all slaps on Shebbesh pales in comparison to the slap of slaps Lucy gave the man whose tongue had slipped!
So with this abdication, Njakip at least will be well entertained!
NB: Remember the reasoning after the indictment when Uhuru was minister of finance and said he would not resign? To jog your memory: it went the indictee and the minister were two separate entitites.
Then somebody proved they were one and the same person, and Uhuru resigned, though not as Raila's deputy then!
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Post by Horth on Oct 6, 2014 22:21:57 GMT 3
Interesting move by Uhuru.
Killing two birds with one stone. I wonder what President Ruto's detractors in the former RV are now thinking?
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Post by b6k on Oct 6, 2014 23:09:10 GMT 3
Jakaswanga, you're a most patriotic Kenyan if this decision brought you to tears. I must admit I wasn't overly concerned about the whole sovereignty angle, especially when it appeared it would be used as an excuse not to attend. That's the reason why Uhuru's action today is truly remarkable because it comes out tops on so many fronts. Speaking of sovereignty, I hope you caught the example he gave in his speech of the British PM who has threatened to pull out of the EU Human Rights Court because it infringes on British sovereignty. Why don't these international treaties allow us equal wiggle room? (I guess it never helps our cause that we blindly sign up to everything presented by the Intercontinental community WITHOUT RESERVATIONS, something we need to proceed in a more cautious way in the future).
Uhuru did indeed resign as Finance Minister but clung to the Deputy PM post like a bad rash. Then it was as if those who were in government wanted as much as possible to be seen to be still within government even at the ICC. It seems circumstances have changed so much that now even the president would rather appear as a citizen. Interesting times.
Horth, this decision works on so many fronts it really is placing him in a very good place to reap serious political capital locally, regionally & globally once the court cases collapse...
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Post by Onyango Oloo on Oct 7, 2014 1:20:57 GMT 3
Uhuru is still Prezzo, with or without the choreography & histrionics.
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Post by Deleted on Oct 7, 2014 6:58:54 GMT 3
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Post by Deleted on Oct 7, 2014 7:27:03 GMT 3
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Post by Luol Deng on Oct 7, 2014 12:04:00 GMT 3
b6k,
Uhuru was definitely going to go, if you have keenly monitored his moves of late, he has been making overtures to the west. His visit to America & Europe and being keen to renew bilateral and multilateral commitments. His vitriolic statements against the west have all but disappeared. Even his attack dogs like Chris Kirubi are having the temerity to speak out against China of late. If he were to decide against cooperation with the ICC the consequences would have been grave. As for his temporary abdication, as I stated in another post, the constitution is clear on that matter. The only surprising thing is that we have become used to our leadership flouting the constitution. This is to the extent that makes us think that abiding by the constitution should earn someone brownie points.
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Post by jakaswanga on Oct 7, 2014 14:01:17 GMT 3
This is going to be messy b6k, I am trying a mobile device. And I am a novice. I decided tu move with the times.
On international treaties signed without a thought, I too think we tie ourselves in knots. My best example is the nuclear treaties. If we want to go nuclear, we may, to avoid issues like Iran, have to. Opt out of some treaties, like Israel and India, Pakistan, North Korea and Brazil.
But well, when your budget is funded by donors, what choices have you?
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Post by Luol Deng on Oct 7, 2014 15:37:30 GMT 3
There is never a dull moment in Kenyan politics. Now this. No prizes for guessing the surname of the lawyer filing the lawsuit. |
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Post by Daktari wa makazi on Oct 7, 2014 18:54:22 GMT 3
The legal move to get Ruto sworn as a President may not muster any judicial support and will die a natural death, as it seems to me to be simply mischievous.
However, there is another point that immediately came to mind.
Uhuru has voluntarily signed a legal abdication to surrender his position to Ruto. At this instance, Uhuru is no longer the President of Kenya,that position is now with Ruto. There can never be two points of power!
Section 147 of the Constitution states
For our sake, Section 147 (3) is the main provision.
When the President is absent or is temporarily incapacitated, it reads. I argue that both provision apply here. The President is absent and is temporarily incapacitated because he was forced to attend ICC - the circumstance that led to his absence, thus as provided in the Constitution, the Deputy President shall act as the President.
If you think “Incapacitate” only apply to poor health, you are mistaken. In law the definition is to deprive someone of his or her legal capacity.
People deprive themselves of legal capacity when they are not able for whatever reason to function.
Now that Uhuru has voluntarily deprived himself of his capacity to be the President, as he admitted in his speech that he couldn’t function as the President, when attending to the ICC, he is incapacitated from being the President, and because he is incapacitated, he cannot be expected to decide his fate while he is incapable due to incapacity ( lack of capacity).
In my view, it all depends on Ruto’s goodwill. If he cling on to the Presidency, Uhuru will have no leg to stand on as he cannot ask to be returned that which he gave up voluntarily.
Think about it, what if Ruto refuses to hand back the Presidency to Uhuru on his return?
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Post by jakaswanga on Oct 7, 2014 19:18:13 GMT 3
There is never a dull moment in Kenyan politics. Now this. No prizes for guessing the surname of the lawyer filing the lawsuit. After much hullabaloo, including a famous transcontinental hustler jet trip to whip up pan-Africanist emotions, crunch time came and the son of Jomo folded his tail back into his as.s. He is gone to the Hague. The half president is screwing himself in himself and we are applauding. Take a look at his meander yesterday in the joint sitting, to explain this surrender is not a precedent to clear the way for serving heads of states, read those of the AU, to be hauled before the hated court.  I remember the chest thumping –-our ambassador at the UN overdoing the infamous Nikita Khrushchev's shoe-show above; our foreign cabinet secretary mutating into a cobra spitting venom at microphones; our African Union caucus passing no-go resolutions, and Bensouda ever wrecklessly being ridiculed by Muthamaki sycophant Mpigs; O yeah, I remember the vituperative protestations and exhortations of our sovereignty by the Jubilee elite, vowing to die  before the Elected President, Our Excellency, went to the Hague ICC! and now? Dutch Hotels are experiencing a bonanza just after the EU slapped a 7% increase tax on Kenyan agro-products (following the breakdown of EPA talks, whatever those are.) We have been forced into a compromised, compromise situation. We have been forced to invoke an unprecedented step, initiate a rare legal clause meant to cater when the President is '' incapacitated or otherwise disabled!'', momentarily or at length. The Muthamaki who once made a mountain of the fact that he is circumcised –-playing to the base instincts of the gallery by abusing opponents who are supposedly not and therefore less manly ki-hiis, has to, in fear of the woman much ridiculed as Fatso, declare himself UNFIT to serve the sovereignty of Kenya so long the same Fatso ties him in her status conference. That is a tamed man. A thorough wall check. This is a mockery of the bravado of the comprador entity of Kenya. The bluff is called. If you do not come, I will issue an arrest warrant. And you will be like Bashir. Uhuru has been intimidated. That intimidation --for the benefit of Onyango Oloo who is not impressed-- and its public acknowledgement, is the difference it makes here. Once a surrender is signed, however it is propagandistically spun, it does not change facts. The fact of a nation too weak to chart the path of her destiny. The Muthamaki is exposed as a toy King in broad daylight. Running for cover like hunted prey. It was a desperate gimmick yes, and look at the quixotic fun we are now having at it! Then there is the much pushed narrative of a co-presidency. Even if we have always known it is a myth, we kind of held the facade much like we did in the days of Kibaki and Raila, on what co-principality meant. The Uhuruto has been a unity in official PR discourse. That has come to an abrupt end by the fact of Uhuru APPOINTING Ruto to babysit power in his absence, defined as temporary abdication in legalistic smokescreens. The public appointment is the official acknowledgement of the differentiability. A public legal recognition of the fallacy of parity is a bureaucratic nail on the coffin of the co-presidency. Uhuru is divorced from Ruto in power. Ruto being an appendage, and the institutions are now informed officially. Then there is the list of stuff the ACTING PRESIDENT is hindered from attending. Never has Parity been so Pyrrhic in public. Your alleged equal appoints you to replace him, and you are banned from the full deal. No wonder a lawyer has taken it up to compel the CJ Mutunga to serve the whole cake. Ruto is apparently not Raila to be contented with the trappings of a motorcade without substance! Political soap in real time! It beats the perhaps sexual scandals of Poets and drunken Kenyan writers if you ask me! Especially when the men of letters and the women who live by words, reveal themselves to know not how to know each other, both in flesh and truth! |
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Post by jakaswanga on Oct 7, 2014 21:41:14 GMT 3
THE NAIROBI VARIANT OF THE BELGIAN GAMBITWe talked of this specific -Belgian abdication-- case earlier. It is buried somewhere in the archives of Jukwaa. I think it was during the Habemus Papam days. --No, not the popefrancis handle of Jukwaa which was swiftly beheaded by the throat-cutter in chief of this blog, aka OO. Time willing I will unearth the relevant. Meanwhile in short it is like this. Belgium was socially ripe for the liberalisation, and at long last parliament enacted a law to legalise abortions in the shaky Kingdom. However, the aging King, turned senile and captive to Opus Dei Catholic orthodoxy, refused to sign the bill citing conscience which he had not been known to possess until then. This meant the bill could not be operative as law. Legal scholars went into overdrive to come up with a solution to the crisis which was playing into republican hands. The solution came in the form of a temporary declaration of a republic, the King would abdicate for one day, –-a forced suspension; the law would come into force on that day in which Belgium was republican, and the next day the monarchy would be re-instated continue as if nothing had happened. And so it came to pass. It was not tidy, but it saved the establishment by avoiding a deeper constitutional crisis in an already fractious society. And Belgians overdid themselves with humour in the wake of this singular republican day. --''The shuffle!'' a la Zinedine Zidane in an inspired passing move in football. articles.latimes.com/1990-04-04/news/mn-822_1_abortion-law And this is what I think is the template  for the Kenyan situation. It is untidy, but we are humans and perfection is utopia. I am told this constitutional gimmick was ''deviced'' by QC Kay and co –-in concert with other legal consultants no doubt. And this is a detail that has shattered my pride somewhat, for the moment. –-Why? Because all those Grandmullah lawyers, all those Gibson Kamau doctorates, all those Githu Muigai professorates, all those legal scholars who jammed the petition courtroom trying to brow-beat young Kethi Kilonzo off her brilliance as CJ Mutunga's senses took leave, have all proven dead dodo heads, unable to fashion this Belgian gambit. This needle-eye through which the camelian son of Jomo has been able to crawl through to avoid the twin perils. That is the arrest threat of the ICC on one hand, and, on the other hand, shredding the sovereignty of the Kenyan peoples to smithereens. We have breathed a collective sigh of relief, thanx to the whiteman Kay! London has the bragging rights, not the Nairobi dunderheads! My racial  pride is insulted once more! NB: I will take this personal against Gladys Shollei. WHY? Coz she studied law at Gent in Belgium. At least she should have heard of the Belgian ''suspension of monarchy for a single day'!' and should have heard the good sense to whisper in Ruto's ear! so that Ruto could say, hel, Ouru omera, gini waseloyo! winja!But what do I know? May be my sources are wrong, and this Belgian gambit is a pure home, Nairobi modulated device! It would be a relief for me to hear our jua-kali corrupts of learned friends, concocted this abdication! Quintessentially quixotic!
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Post by foresight on Oct 7, 2014 23:54:45 GMT 3
Its a STUNT....
Let me be clear. I don’t condemn stunts. In fact it might be construed as another word for ‘tactic’ or creative attempt to make a point. So I will classify this latest ‘president stepping down stunt‘ by the President of Kenya as a cheap stunt.
Any serious Kenyan knows what this is all about, ati Ruto sasa ni acting president wa Kenya, hahahahaa thats the weakest move of this entire stunt. Who doesn't know that all this stepping down hullabaloo involves a worked out plan of action that has been staged primarily for gaining media attention and quelling issues of boycotts that Ruto has experienced lately in this marriage.
It has been staged to alter our Opinions and view point, they want to bring TEARS TO OUR EYES, that’s a dumb stunt, indeed. Are we fools to believe that Kenyatta is going to the Hague Kama Raia? Are we honestly that naive? Mr Kenyatta has a point to make, and what better way than for a leader accused for gross human rights violation to now morph and present himself like a law abiding citizen, are we fools?
The same man who callously dissents court orders issued from the Kenyan courts.. All this "Stepping down" is a plan designed to attract the public's attention and bring tears to our eyes... Do they honestly expect that we will now sing praises that Kenyatta is law abiding.
Sycophants were like Don't go, don't go and now that he is going they are like go go go.. I promise you if there was any other pathway, he wouldn't have gone to Hague.
Now that he is going, O boy he is milking it for all it's worth.
Stunts are effective communication tools when used well and useless time wasters when people can see through them.
This one falls in the later category.
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Post by Onyango Oloo on Oct 8, 2014 9:22:19 GMT 3
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Post by Luol Deng on Oct 8, 2014 11:25:06 GMT 3
foresight,
Definitely a stunt that is being milked for what it is worth. As JaKaswanga alluded, the economic pressures of non cooperation were beginning to weigh down heavily on Uhuru.
For someone who was in charge of the treasury and therefore had a better than average understanding of Kenya's financial inflows and outflows, it would seem utterly stupid that he was going to sideline the largest source of Kenya's Forex revenue, the West, in favour of the largest consumer of Kenya's Forex, the East. He was definitely posturing. But his posturing was able to convince his followers that the Western imperialists are waning powers and therefore Kenya had better cast her lot with the East. As at the time of the president's inaguration, Kenya's exports to China amounted to sh 2 billion. This figure is less that half of state house's budget. This posturing went on through the first year and into the second year as witnessed when the president refused to receive the credentials of incoming ambassadors of several western nations aka the imperialists. A crackdown on western funded NGOs was also mooted, this move fell apart.
When the time for renegotiating the bilateral & multilateral deals with the West came, it was now abundantly clear that the president had nowhere to run. The crackdown on the foreign funded NGOs collapsed because we have entire neighbourhoods that are inhabited by NGO expatriates. These expatriates are high spenders and their landlords and the owners of the businesses that serve them are primarily Jubilee mandarins. Anything that was going to hit their wallets would not be acceptable.
With the ICC cases collapsing, what other way is there to seize the propaganda advantage than to be seen to be cooperating with the ICC? Failure to cooperate would be suicidal and would earn no discernible advantage other than "sovereignty". The handover of power to Ruto in the short term is also meant to bolster his hand in dealing with the rebels, but is it that easy? The Kalenjin nation have had one of their own at the very top of the political food chain for over 2 decades and I doubt whether a symbolic and limited handover of power would amount to much. All that Ruto can do is to enjoy the trappings of power for 2 days or so, cannot make any significant appointments, cannot sack. With the current power structure, it is also highly doubtful whether he is able to exercise some of the powers that an acting president can legitimately exercise.
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Post by b6k on Oct 8, 2014 18:45:56 GMT 3
Folks, whether the transfer of power was a stunt or not I agree with Sadik that it remains legally binding. Whether Ruto could attempt to prolong his occupation of Harambee House indefinitely is debatable. The duo are still tied at the hip until the ICC ogre is slain.
As "gimmicks" go it was a hell of a good one and I believe caught most punters off guard. Whoever thought of evoking article 147(3), & I sure hope it wasn't QC Kay, deserves a medal. Had Uhuru gone to The Hague as "president" it wouldn't have had the same effect as that would've been no different from all the past times he's left Ruto "in charge". Had he chosen not to go we would now be speaking of him on the same breath as the fugitive to the north, Omar Al Bashir. The signing of the legal notice went beyond symbolism. Also being the first African head of state (now that Jakaswanga has proved a Belgian head of state beat him to it) to abdicate power, even temporarily in order to "save Kenya" (Okoa Kenya) does indeed win him acres of brownie points.
Having watched the proceedings at the ICC earlier today it seems even the OTP was at a loss on how to capitalize on his presence in the court. Yes Bensouda was there, but even she deferred submissions to her junior. Neither the judges, nor the OTP & victims lawyer decided to direct any questions to him. Even Uhuru elected not to utter a word in court as he exercised his right to have QC Kay speak on his behalf; & as it turned out the QC wasn't challenged on any new line of questioning directed at his client. So why was he even there? It seemed that the summons insistence that he physically appears was an OTP ploy to have him not appear, an outcome that was nixed by the evocation of 147(3). (I really don't understand why Kay is being soft on the OTP by pointing out that the GK is not on trial...UK is. Indeed the GK through Amicus Curae, AG Muigai was purposely blocked from today’s proceedings yet was constantly under attack by the OTP & Gaynor while citizen Uhuru looked on).
There is little doubt that the west remains a critical partner to Kenya. But that doesn't take away from the fact that it is actually a waning economic power (its military clout however is not in doubt especially when New Rome still leads the globe on that score) with China still growing at an average over 7% per annum. If the status quo persists (economic growth in China countered with economic stagnation in the west) China, which is still a developing nation, will supercede the western top dog, the US of A.
Yes we have seen rapprochement or sorts with Uhuru going twice to the US, addressing the UNGA & UNSC (even while still officially an ICC crimes against humanity suspect). Another hint that Kamwana may finally be in "good books" with the powers that be was the lifting of travel advisories to the bulk of Kenya on the eve of UK's Hague trip by the United Kingdom. But the slate won't be clean until the ICC makes a bold decision that permanently lifts the monkey off Uhuru's back. It's a case of termination or bust, & after today, the future looks very bright for UK...
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Post by Luol Deng on Oct 8, 2014 19:44:03 GMT 3
The gazette notice finally expired at 1800 hrs and the president of Kenya is once again the president of Kenya.
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Post by mwalimumkuu on Oct 8, 2014 20:03:47 GMT 3
Folks, whether the transfer of power was a stunt or not I agree with Sadik that it remains legally binding. Whether Ruto could attempt to prolong his occupation of Harambee House indefinitely is debatable. The duo are still tied at the hip until the ICC ogre is slain. As "gimmicks" go it was a hell of a good one and I believe caught most punters off guard. Whoever thought of evoking article 147(3), & I sure hope it wasn't QC Kay, deserves a medal. Had Uhuru gone to The Hague as "president" it wouldn't have had the same effect as that would've been no different from all the past times he's left Ruto "in charge". Had he chosen not to go we would now be speaking of him on the same breath as the fugitive to the north, Omar Al Bashir. The signing of the legal notice went beyond symbolism. Also being the first African head of state (now that Jakaswanga has proved a Belgian head of state beat him to it) to abdicate power, even temporarily in order to "save Kenya" (Okoa Kenya) does indeed win him acres of brownie points. Having watched the proceedings at the ICC earlier today it seems even the OTP was at a loss on how to capitalize on his presence in the court. Yes Bensouda was there, but even she deferred submissions to her junior. Neither the judges, nor the OTP & victims lawyer decided to direct any questions to him. Even Uhuru elected not to utter a word in court as he exercised his right to have QC Kay speak on his behalf; & as it turned out the QC wasn't challenged on any new line of questioning directed at his client. So why was he even there? It seemed that the summons insistence that he physically appears was an OTP ploy to have him not appear, an outcome that was nixed by the evocation of 147(3). (I really don't understand why Kay is being soft on the OTP by pointing out that the GK is not on trial...UK is. Indeed the GK through Amicus Curae, AG Muigai was purposely blocked from today’s proceedings yet was constantly under attack by the OTP & Gaynor while citizen Uhuru looked on). There is little doubt that the west remains a critical partner to Kenya. But that doesn't take away from the fact that it is actually a waning economic power (its military clout however is not in doubt especially when New Rome still leads the globe on that score) with China still growing at an average over 7% per annum. If the status quo persists (economic growth in China countered with economic stagnation in the west) China, which is still a developing nation, will supercede the western top dog, the US of A. Yes we have seen rapprochement or sorts with Uhuru going twice to the US, addressing the UNGA & UNSC (even while still officially an ICC crimes against humanity suspect). Another hint that Kamwana may finally be in "good books" with the powers that be was the lifting of travel advisories to the bulk of Kenya on the eve of UK's Hague trip by the United Kingdom. But the slate won't be clean until the ICC makes a bold decision that permanently lifts the monkey off Uhuru's back. It's a case of termination or bust, & after today, the future looks very bright for UK... I couldn't agreed more. UhuRuto have always upstaged their adversaries and competitors. You will remember how the grumpy old men of CORD had converged at Kihumbuini grounds in Kangemi the day before the special sitting of parliament and their vitriol about the whole thing. First, their directive to their MPs not to attend the session did not achieve much as majority of CORD MPs attended (thanks to the shrewdness of the dynamic duo who have managed to penetrate some very important CORD strongholds). Second, that small move of temporary transfer of power on the basis of Kenya's sovereignty has bought UhuRuto acres of admiration and support across the country, it also left CORD impotent and lifeless, as usual. You must have noticed how quiet they have been since leaving Kihumbuini Sunday evening. Seeing how easily UhuRuto disorganizes CORD, it is hard to imagine that they can come up with anything that can remove these guys from office in 2017. They just don't have it in them, NO. Third, the OTP and the ICC in general had wanted to show their might, but Uhuru pulled a fast one on them. Yes, they brought him into the court but he had already created the image of a civilian in the minds and eyes of peasants. The court did not therefore reap anything from taking him in. To make matters worse, the conference has strengthened the narrative that the court is a kangaroo court. It is a court that is not interested in justice but in making political impressions. The insistence of the OTP on holding onto Uhuru yet they cannot say with certainty whether whatever information they are looking for is what will prove their case is bizarre to say the least. To make matters worse, almost all the witnesses whose statements led to the confirmation of the case have all recanted their evidence and the OTP has confessed they are unable to find other witnesses in that regard. As it stands, ICC is killing itself softly, they got this hot potato and have not figured out just how to drop it without coming out as the weak institution that they are. Meanwhile Kamwana arrives tomorrow to a joyous reception by Kenyans, majority of whom (PEV victims included)have since lost hope and confidence in the ICC, begging the question, in whose interest are these cases still being prosecuted?. ~~ Mwalimumkuu @nyumbakubwa ~~ |
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Post by jakaswanga on Oct 8, 2014 20:11:02 GMT 3
Its a STUNT.... Let me be clear. I don’t condemn stunts. In fact it might be construed as another word for ‘tactic’ or creative attempt to make a point. So I will classify this latest ‘president stepping down stunt‘ by the President of Kenya as a cheap stunt. , the cheapness is best judged from the effectiveness vis-a-vis the purpose it was to serve. I posit this 'cheap stunt' served its purposes excellently. An untidy tackle, but a stopper. I will presently substantiate the point. If one works from this lame diagnosis --Ruto's domestics, one definitely reaches the stupid conclusion this was a 'cheap stunt'. First, forget Ruto for a moment. 1. Once the sitting ICC bench ruled –-albeit with one dissension, and from the presiding judge-- that skype would not do and this had to be a harbeas corpus moment for the accused, the ensuing arrest warrant in the event of a no-show, had to be avoided. A risk too far. 2. Showing up OFFICIALLY as president of the republic of Kenya --- (wearing all decorum with the sceptre of the sovereign)--- humbled under a foreign jurisdiction, was also a bridge too far for nationalist sensitivities, not least the joint chiefs of staffs, answerable to the commander in chief as the peoples sovereign. There is no William Ruto in this equation. His is collateral bonus, like dogs under a table feast on accidental droppings. This is a high-stakes game above intra Jubilee politics. Reconciling 1&2 is the kind of mental gymnastics which needs a long think. And I actually noted, with tremendous depth of feeling, the seething nationalist wrath that had forced Kenyatta's team into the holiness of DIVINITY. A Judeo-Christian philosophical quandary the basis of modern Christianity. Uhuru Kenyatta 'separated' into two. The 'body' appearing at the Hague, was not the same as the person of the President usually seen in Nairobi! It is so spectacular, it is like the resolution at the Necea conference of old. God the Father, God the Holy Ghost, God the Son. The Holy Trinity. The divisibility of God. The divisibility of Uhuru Kenyatta, live! –-A miracle! Remember Orthodox Christians insisted Holy Trinity is bullsh!t: ie Almighty God could not assume angelic forms like Gabriel and adulterously fornicate with other peoples virgin wives to produce his son Jesus, adopted by Joseph to prevent the stamp of bastard. But that Necea stunt has achieved a runaway success, and is the dominant strand of Christianity the modern world. So watch what you call cheap! You could be cheapening yourself instead. Divinity is a deep concept, me explicates! No, it could not have been staged to alter our opinions. Most of us, and speaking for my teary self, have opinions which are ruthlessly thought through. My opinions can be altered, but not by a staged cheap stunt. sensitivities to kenyan sovereignity touch my heart nonetheless. And further, I do can appreciate the intellectual gymnastics involved in power-related stunts/gimmicks. –-Like the Necea conference which was merely a Roman emperors political project for the stability of his own regime. God? He was the God then. Like the Belgian republic day to formalise abortion! NB: The doctrinal and philosophical dispute on the nature of the Christian God –-could he really change forms like the old Greek Top God Zeus and ravish virgin damsels, or was this a poets run-away imagination?--- was bursting into a civil war (like the Sunni Shiite thing in Iraq now) and destabilising the empire. The living god, emperor, wanted the debate ended quickly and peace enforced. And so the Necea gimmick, or stunt, to which we now adhere.And so today in the Hague at the ICC, the court accepted the DIVINITY of Ouru Kenyatta! Cheap stunt? It worked excellently. Ouru Kenyatta will tomorrow morning in Nairobi be a UNITY once more! FOLKS! You witnessed the best soap of your lives and you are sulking! –-you guys have eaten too much sh!t-stuffed fish or, if you boycott the ones from Winam, you have eaten too much mercury-stained fish-farm fish from Mount Kenya. Both ways your senses are dulled dead. The ICC is not just any court. Kenyan courts are bandia as you know, and it is not just Ouru who has been ignoring them with impunity if you bother to check. 1. The Navy was ordered to release some soldiers detained in a barrack. They did not even bother to take the ''sammandh''. 2. Kimaiyo and co was ordered by the courts to produce a young man the ATPU (anti terrorist police unit had arrested in Mombasa Majid mosque and was feared dead –- Hemed is the name I think). You are a friend of terrorists, they laughed at the judge. Who in his right mind will take CJ Mutunga seriously? You, Foresight? What a pity! Orient yourself here with Nereah: CAN KENYA COUNT ON CJ MUTUNGA. jukwaa.proboards.com/thread/7935 Then continue at Otishotish's CJ Mutunga is a funny man jukwaa.proboards.com/thread/7367/hon-mutunga-cj-funny-manSycophants are in the rule never the best brains around a leader. In deed there was no other way, and it makes me so sad it had to be the WHITEMAN to point out to OURU his own DIVINITY! And sustainable under existent Kenyan constitution! –--Pwaah! How will I now boast like they used to: whatever your problem, just get a JALUO lawyer! Arguings Kodhek, SM Otieno, nothing in law they could not fix! My Kenyan, my racial, my tribal prides have all been degraded by this Kay stunt! I am in a foul mood! No, stunts and gimmicks in politics and religion are ideological coherences, stop-gap measures which make internal inconsistencies acceptable. Seven days flat God created the world! As a Christian you should know how to read that. You can see through it, and others too, but is it a useless time waster? Hehe! I am in tears. |
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Post by jakaswanga on Oct 8, 2014 20:15:53 GMT 3
Folks, whether the transfer of power was a stunt or not I agree with Sadik that it remains legally binding. Whether Ruto could attempt to prolong his occupation of Harambee House indefinitely is debatable. The duo are still tied at the hip until the ICC ogre is slain. As "gimmicks" go it was a hell of a good one and I believe caught most punters off guard. Whoever thought of evoking article 147(3), & I sure hope it wasn't QC Kay, deserves a medal. You care to explain buddy? why you hope to hell it wasn't QC Qay? I have my reasons for regretting it is Kay as I have blogged elsewhere, but I am curious as to yours ! |
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Post by jakaswanga on Oct 8, 2014 20:25:14 GMT 3
The gazette notice finally expired at 1800 hrs and the president of Kenya is once again the president of Kenya. This mission is now accomplished. Drinks can be downed, Tomorrow is another day with new challenges requiring new stunts. And Ruto is one experience richer, even if half. next time the president leaves, and there is no legal sign of handover, there will be a slight incertainity to be glossed over. |
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Post by b6k on Oct 9, 2014 0:25:00 GMT 3
Mwalimumkuu, indeed in "the eyes of the peasant", which is where it all matters anyway since all politics is local, when citizen Uhuru stripped himself of all trappings of the presidency, beginning with the motorcade & that obsolete officer who shadows (the aide de camp) him it was a done deal. It turns out the ADC had even flown out to The Hague as once the clock struck 18:00 hours KE time, the chap was back in uniform & by UK's side. Those who downplay the PR coup UhuRuto pulled out in the last couple of days do not understand the power of symbols to mankind in general.
Naturally the international media didn't buy that historic & unprecedented power transfer (to some seen as "histrionics") as they were not privy to our local coverage here. The numerous Mpigs & diaspora Kenyans who swarmed The Hague also dispelled the myth but as far as local public opinion goes, UhuRuto stumped the grumpy old men over at CORD hands down...
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Post by b6k on Oct 9, 2014 1:06:47 GMT 3
Folks, whether the transfer of power was a stunt or not I agree with Sadik that it remains legally binding. Whether Ruto could attempt to prolong his occupation of Harambee House indefinitely is debatable. The duo are still tied at the hip until the ICC ogre is slain. As "gimmicks" go it was a hell of a good one and I believe caught most punters off guard. Whoever thought of evoking article 147(3), & I sure hope it wasn't QC Kay, deserves a medal. You care to explain buddy? why you hope to hell it wasn't QC Qay? I have my reasons for regretting it is Kay as I have blogged elsewhere, but I am curious as to yours ! Well Jakaswanga, I believe this is one of those moments where you & I have a total convergence of sentiments. I may not be as easily brought to tears by "gimmicks", polytricks & good optics, but I do appreciate when homegrown talent pulls a fast one on odiero. Lest you forgot, my general thesis since the ICC confirmation stages has been Kenyans are running rings around the court, a stance that's put me at odds with the now silent Daily Beagle that sprouted an ICC thread per day at one time on Jukwaa. In fact during the live coverage of yesterday's status conference, one of the many talking heads at one of the TV stations was Evans Monari. You might recall that Monari was the one who led the Hussein Ali defense team...a fully Kenyan legal outfit. Ali was the first to walk from the PNU side because, as he explained today, they tore holes through Ocampo's "evidence" against their client to the point the charges never went beyond the pre-trial summons stage. Indeed yesterday Monari questioned Ocampo's investigations & the random draw of names of 6 individuals from a list of 20 in the Waki envelope that was garnered from a doctored KNHRC report, which had conveniently deleted RAO's name from the top suspects spot. I wonder whether Uhuru may have walked had he relied more on Kenyan lawyers (they lived PEV like the rest of us, know the political class & who did what/when, know Kenyan jurisprudence through & through while the QC's no matter how good would have had a massive learning curve...a fact that also weakens the OTP incidentally thanks to their over reliance on West Africans & horrible Swahili translators who miss all the peculiar Kenyan nuance in our version of that language). If memory servers Uhuru began with an all Brit team, although now I see he has my fellow highlander on his defense team. Had he started with a FUBU (for us, by us) defense team, I wonder whether he would've walked long ago. So the FUBU angle is the reason for my despair, now that you allege the evoking of article 147(3) was the brainchild of the old QC. Better late than never, I suppose. Collateral bonus? I'll have to diarize that phrase for use at a later date. Your comparison of UK's sleight of hand to the trinity is very close to the mark. Now I know that the next time I see the guard of honor parade & the national anthem being played three times in quick succession (maybe conditioning from school days & anthems is what got you teary-eyed), a presidential handover is just around the corner... |
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before the Elected President, Our Excellency, went to the Hague ICC! and now? Dutch Hotels are experiencing a bonanza just after the EU slapped a 7% increase tax on Kenyan agro-products (following the breakdown of EPA talks, whatever those are.)
for the Kenyan situation.
pride is insulted once more!
