THE SECURITY LAWS (AMENDMENT) BILL, 2014: DOCUMENT

[OtishOtish]

www.hapakenya.com/wp-content/uploads/2014/12/THE-SECURITY-LAWS-AMENDMENT-BILL-2014.pdf

[Daktari wa makazi]

The government knows best.

Today, barely four years after it was inaugurated with much pomp and ceremony, Kenya’s new constitution is being undone. The Security Amendment Bill introduced in Parliament last week portends the return of the all-powerful, unchecked executive and its intrusion into almost every facet of Kenyans’ lives.

Patrick Gathara

www.pambazuka.net/en/category/features/93601

An advisory on the Security Laws (Ammendment) Bill 2004

Kenya National Human Rights Commission

The Kenya government is pushing a raft of changes to security laws that if enacted would return the country to the dark days of dictatorship. An analysis of the Bill by the country’s statutory human rights body reveals that the proposed changes are momentous and seek to amend the Bill of Rights without a referendum and fundamentally alter the principles of criminal justice.

www.pambazuka.net/en/category/features/93591

Kenya Security Bill tramples on basic rights.

The hastily drafted security bill infringes on many basic rights and freedoms protected in Kenya’s constitution and international human rights law. The authorities need to focus on how Kenyan security agencies have long violated human rights with impunity, and not empower these forces further.

Human Rights Watch and Amnesty International

www.pambazuka.net/en/category/features/93599

[jakaswanga]

Dec 21, 2014 19:33:35 GMT 3 Daktari wa makazi said:

The government knows best.

Today, barely four years after it was inaugurated with much pomp and ceremony, Kenya’s new constitution is being undone. The Security Amendment Bill introduced in Parliament last week portends the return of the all-powerful, unchecked executive and its intrusion into almost every facet of Kenyans’ lives.

Patrick Gathara

www.pambazuka.net/en/category/features/93601

An advisory on the Security Laws (Ammendment) Bill 2004

Kenya National Human Rights Commission

The Kenya government is pushing a raft of changes to security laws that if enacted would return the country to the dark days of dictatorship. An analysis of the Bill by the country’s statutory human rights body reveals that the proposed changes are momentous and seek to amend the Bill of Rights without a referendum and fundamentally alter the principles of criminal justice.

www.pambazuka.net/en/category/features/93591

www.pambazuka.net/en/category/features/93599

This undoing has of course been a process. Slow, deliberate, authoritative and, importantly, visible. Talk about the invisible hand of the market, talk about the visible hand of our politicians! --This is just the LATEST chapter. A 'rapid', an escalation.

NB: Have some forgotten the day in 10th parliament when the Mpigs amended the constitution 5 minutes before midnight, in darkness!? --let me search the link for FOOTNOTES.

Nothing like the deep state in the dark being some evil Rasputian puppeteer. We all know who has mutilated the once proclaimed, and promulgated historic document.

But, on a purely academic note of comparison: did it take longer for the 1963-Lancaster constitution of Independence to be thrown out of national conscious practice, than it has taken the 2010 one, heralding the 2nd liberation?

THE RESPECT THAT IS CAESAR'S, THE RESPECT THAT IS KENYA'S: A CHRISTMAS COMMENTARY.

THE STORY OF INTEGRITY OF THE OFFICE HOLDERS IN KENYA, 2010 Constitution.

Once upon a time on Jukwaa, wishes became horses on which beggars galloped sky-high.

jukwaa.proboards.com/thread/6891/comes-cj-on-integrity-chapter?page=1

But there were always the sharp-eyed, clear-headed avatars who saw reality for what it was.




Cartoon - 25/02/2012 Updated Saturday, February 25th 2012 at 00:00 GMT +3

Read more at: www.standardmedia.co.ke/?id=2000052820&cid=19&articleID=2000052820

This cartoon is great study material. It is an authentic GAMMZ

Wanjiku, with a wide grin of I-dare-you intransigence at a beast of a man, is holding an obviously too narrow ring, labelled LEADERSHIP INTEGRITY CLAUSE. SHE says: ''it's either you jump through this or you drop and forget that briefcase!''

The briefcase is labelled PUBLIC OFFICE, and is held by an extremely un-appetising, extremely obese, athletically challenged, super-pregnant, overweight walrus of a man. He is barely upright on his overburdened feet, and risks tumbling over since his over-distended belly definitely alters his centre of gravity. He is pondering the impossible problem of jumping, or wriggling through the leadership integrity ring. Question marks, exclamation marks, fill his mis-shapen head.

Corruption $ Impunity Incorporated, we have a problem! It registers.

This is the Kenyan politician depicted. He is confronted with the toy-problem of a scarecrow. The attempt at a HYGIENIC public administration will require his resourceful self, he figures. The new constitution had put up a spirited integrity clause, a hurdle to introduce a semblance of morality, hmmm, even last-minute party-hoping, like we witness now in the HomaBay ODM nominations fall-out, were to be a thing of the past. The beast knew it was in a corner. But was the new constitution and its lofty bills merely a paper tiger!? Gotta call its bluff to know!

Some like the late handle Adongo12345 of Jukwaa, deluded they had trapped the beast for true. Their heads were filled silly with hot fantasies about the capabilities, and fortitude, of a fellow Canadian wearing a masquerade. (A masquerade my darling Nereah wa Amadi in Cassandraic intonations, saw through and foretold the rot it hid! She was not alone. The above blue takes you to Otishotish's raised eyebrow: CJ Mutunga, a funny man?) And this to the JSC he leads. Jukwaa peeling back the mask further.

So, okay, there was Wanjiku in a vain-glorious stance. But what did the beast do in the event!? Bluffed her silly.

First, the beast growled at Wanjiku, testing waters like a b!tch at a scarecrow. Then the beast bit the outstretched hand of Wanjiku, whereupon she promptly dropped the measure. The integrity –-trap-ring bounced on the ground, rolled away some and came to a dead stop. The beast growled some more at the rubbery thing, still not sure it was harmless. But spying Wanjiku unsure, and on the verge of taking to her heels on flight, and, importantly, seeing no Herakles readying a sure bow to aid her plight, the beast howled the victorious cry of a top predator once more victorious, and set upon the elastic thing in a stretching, mutilating frenzy. (I lost count of the amendments! All the way to the present Caesar is supreme like the will of Allah! Challenge him and be guilty of blasphemy!)

Mutunga at the Judiciary no Horatius at the Bridge.

Need I retell the heroic Christmas story of Publius Horatius Cocles? And the spirit that today still makes him an icon of doing what a man gotta do. On Duty. Rising to the occasion. His, was the bridge called Pons Sublicius in 508 BC, over the Tiber river in Rome.


Pons Sublicius

Horatius >>>>>>>>>>>>>>>>>>>>>>>>>>>> [Mutunga parody]

Then out spake brave Horatius, >>>>>>>>>>>>>>>>>> [Then spake the craven Mutunga]
The Captain of the Gate: >>>>>>>>>>>>>>>>>>>>>>> [The robed chair of the JSC]
"To every man upon this earth >>>>>>>>>>>>>>>>>>>>> [''To every citizen of this republic]
Death cometh soon or late. >>>>>>>>>>>>>> [This office is not about justice!]
And how can man die better >>>>>>>>>>> [How can a coward die better]
Than facing fearful odds, >>>>>>>>>>>> [Than slaving for corrupt impunity]
For the ashes of his fathers,>>>>>>>>>>> [Betraying his people and his ancestors]
And the temples of his gods? >>>>>>>>>>>>>>>> [Abandoning their legacy and duty.]

From LAYS of Ancient Rome, by Thomas Babington Macaulay

So as our Mpigs stormed the bridge to re-take custody of the Holy Document, Willy Mutunga cheered, and offered himself as booty.


That is my flower girl right there in green, booty at duty. Whose integrity do I respect now!?

Yes, an enraged victorious bull over an amateur matador. Running amok over chapter six and all. Our politicians.



And the ''EXPERT'' writers of the constitution themselves? So much brainpower can surely DEFINE,or at least make an attempt to SUBSTANTIATE the spirit of the INTEGRITY they meant --one would think!

Ah yes, gored in the throat by the enraged beast, they held their broken tongues and dropped jaws, keeping the silence of the grave. Nzamba Kitonga, Otiende Amollo, Charlie Nyachae, Abdurashid Abdulahi

157 | Annex 3: List of Members and CoE

1. Nzamba Kitonga Chairman.
2. Atsango Chesoni Vice-Chairperson.
3. Christina Murray Expert.
4. Bobby Mkangi. 5. Njoki Ndung'u. 6. Otiende Amollo Expert. 7. Chaloka Beyani Expert. 8. Abdirashid Abdullahi Expert. 9. Fredrick Ssempebwa. 10. Hon. Amos Wako Ex-officio

Good work all for nothing. Mulale Salama tu, there will be no suit to recover your swindler remunerations. This was not a no-cure-no-pay deal with Wanjiku. And if there were a suit, your fellow conspirator the Funny Canadian Mutunga will know how to cover your behinds. Deal.

Meanwhile –-that constitution is viciously gored. Like this, you too.



END PART ONE. --Merry Xmas and lets see what the new year brings!

[jakaswanga]

FOOTNOTE:

MPs pass tampered Integrity Bill

By Peter Opiyo Updated Saturday, August 25th 2012 at 00:00 GMT

Members of Parliament have ensured an easy return to the National Assembly for dozens of their own suspected of involvement in crimes. Under the cover of darkness, the MPs worked to ensure voters would not learn anything about suspected criminals that would keep them out of public office.

The MPs tore out sections of the Leadership and Integrity Bill intended to ensure those elected to public office are people of high morals. They sat until five minutes past midnight on Thursday to vote against requirements on wealth declaration, vetting by State agencies and publication of their pending criminal court cases.

Read more at: www.standardmedia.co.ke/?articleID=2000064732

Part 2.

So, before another Hero emerges to do a David on a Goliath, or do a Daniel or Samson or whatever the name of the Dragon Slayer or Bull Tamer, ongoing is the rule of the –-Orwellian Animal Farm?-- beasts. Amok they must run as per their (class ) nature, terrorising the prairies, sowing alarm and discord and dispondency in every corner of the promised land!

We hearkened to the joyful tidings of a golden constitution, and this our paradise to enjoy then it is!



Meanwhile no such thing as integrity clause in Genya. Gored to intensive care unit, unconscious.



This total victory of the jungle creature over the new proposed home surrounded by the African thicket, leads to the whole old guard maintaining dominance, filthy as usual. There were twists though, meanders and subterfuge moves, and dead-end comedies of no laughter because parochial interests sought to maximise their side. –-There was a case filed in the courts, to have a test-case reading/interpretation of integrity. (It did not fall exactly apart, it is just that it did not start!)

Okay, Uhuruto were suspected of crimes against humanity, chapter six could take care of that, thought some opponents, unaware of their own clay feet before Wanjiku's rubber ring. So, Lo, their bluff was called: how about
---Kisumo Korando Molasses land suspected swindlers like Raila?
---Mercy Keino murder suspects like candidate Kabogo of Kiambu?
---Renowned Posho-Dealers like Mbuvi Sonko; the Maasai-hating stone-thrower Ferdie Waititu;
---suspected Mumias Sugar looter Evani Kidero; suspected unga transporter Hassan Joho;
... yeyeyeye, the myriad of ex-parastatal looters in public office races? this list was practically inexhaustible, for they are all culpable! ''They'', you know. –-Knew the integrity clause had to go. They knew, that we knew, that they knew, what we wanted. But do we say!?

Lets review some of the comedies: Jukwaa was ringside of course. This side eyes wide open, the other eyes wide shut. Everybody sang –-as b6k called it, kumbayas extolling the virtues of their Man.

August 14 2012 stumbles Jukwaa into an interesting, unintended development.

Developing story:

Activists want Raila, Kalonzo and Mudavadi enjoined in the integrity case filed in the High Court against Uhuru and Ruto. The case seeks to bar Uhuru and Ruto from contesting the forthcoming elections after charges of crimes against humanity were confirmed at the ICC.

The activists want Raila blocked from contesting the presidency over the 1982 attempted coup, Mudavadi over the Goldenberg scandal and Kalonzo over the illegal sale of the Somali embassy amongst other claims.

Read more: jukwaa.proboards.com/thread/7272?page=1#ixzz3MtE3Qfeq

If one enjoined names from the Ndung'u report, the Kroll report, and the TJRC (even the diluted version), nani atabaki in siasa yawa!? For instance the new sheriff Nkaisery would be dead on arrival.

So we all rose to the occasion, and helped burry the damning chapter! –-Integrity my foot! The flesh being weak, even –-(Otishotish)-- yours truly can not swear to have never slept with –-(the maid in the matrimonial bed)-- a female student of his! Integrity my c.ock! –-Weuru baro wi ji!

So as Merlin of Jukwaa intimated in a version of a country gets the leaders she deserves, it should not be the (integrity law) bill to bar morally challenged candidates, it should be the discretion of the electorate, based on their own moral aptitude.

THE CONFUSING CASE OF AGOSTINO NETO, ACTIVIST AND MP NDHIWA

www.standardmedia.co.ke/?articleID=2000066653&pageNo=1&story_title

=This is how Neto roped himself like a wild gladiator caught in a net.

When he joined a group of activists going to court to seek an opinion on chapter six, on whether Uhuruto could pass her stipulations, a partial mindset barred him from thinking through and recognizing the wider implications of the move. So when a second set of activists sought to have the INTERROGATION extended to include ALL PRESIDENTIAL CANDIDATES, Mr. Netto --now a candidate for Ndhiwa parliamentary seat-- and his ODM-leaning dim-wits, caught pants down, denounced the enjointment and hired Oraro to technically have it quashed.

It was quashed by the court. But the knives in Luo Nyanza were already out for Mr. Agostino Netto. YET Everybody miscalculated. [1.] The grassroots still preferred Neto in spite of his so called attempt at Raila's life! [2]. Despite the hateful campaign --he is anti-Raila, Neto won the nominations. Unbelievably to many, including Ojode's widow.

20+ losers threatened to bolt to KANU or else.

But there was a legal avenue to block Netto, and it was tried by his detractors with the blessing of the party machinery, until local operatives informed the party secretariat that to block the popular candidate would now be the real disaster. [Ojode had a reputation for independence, and Ndhiwa people are not Bondo people who adore sycophants]. A man we call 'Farsight' offered the Solomon's solution. Raila be given the credit for supporting the popular candidate, and his magnanimity be praised, --coz this candidate after all nearly entangled him in court. And Netto accept the [fake]public pardon from the boss, and recognize his debt of loyalty, of which tribute will be expected.

In the wider South Nyanza area, we have taken bets on the independence of the mind of young Agostino Neto.

Or is he, like Orengo, just nother debtor, who will be milked for loyalty declarations!

Read more: jukwaa.proboards.com/thread/7476/orengo-threatens-resign-fact-iction?scrollTo=109102&page=1#ixzz3MtANSQPS

And when A former Kenya Revenue Authority (KRA) commissioner Mumo Matemu was nominated to head the Ethics and Anti-Corruption Commission, EACC, again there was a twitch of conscience, momentary though, as these three Judges reflected the national dilema. Mumbi Ngugi, Joel Ngugi, Joel Odunga.

The three judges explain, that the provisions of chapter 6, the integrity clauses on those seeking to occupy public offices, are not just:

1. mere suggestions
2. superfluous points
3. merely ornamental
4. No, far from being mere lofty statements of aspiration or intent, they are core and fundamental.

B: THe judges write: ' Kenyans were singularly desirous of cleaning up OUR politics and governance structures, by insisting on high standards of personal integrity among those seeking to guide us.'

…........................................But on the other hand.............

NB: a court rules Thursday whether the suit originally brought against Uhuruto by the activists Neto and co will include the expansion! The suit was challenging UK$Ruto' s eligibility to run for PORK, but was later denounced by the original activists when it was extended to include Raila and Kalonzo. The Judges will be Isaac Lenaola ; Mohamed Warsame [he of the Miguna typology], and Filomena Mwilu. It is a ruling to watch in ITS REASONING. Thus to shed light upon it in the background of the MATEMU ARREST.

Read more: jukwaa.proboards.com/thread/6208/matemu-nominated-head-anti-graft?page=6#ixzz3MtBLKM6h

And the ruling came! O learned friends! The ruling came! This word INTEGRITY! –-Bende chieng' nonywol jarieko ma difweny tiende adiera!? (will there ever be born a clever Kenyan to dicipher the constitutional meaning of integrity! yawa!)



The whole political class became an enraged bull running amok, goring left right and centre to shake off a rodeo rider perched atop!! yes, moral clauses incensed our Mpigs beyond reason, and boy, did they not go wild!





WILD WILD FOOTNOTES:

www.standardmedia.co.ke/?searchtext=integrity&x=0&y=0#gsc.tab=0&gsc.q=integrity&gsc.page=1

Under the cover of darkness, the MPs worked to ensure voters would not learn anything about suspected criminals that would keep them out of public office. This makes it easier for lawbreakers to attain public office at a time when there is rising concern some Kenyan institutions are unduly influenced by foreign despots and drug lords.

The MPs tore out sections of the Leadership and Integrity Bill intended to ensure those elected to public office are people of high morals. They sat until five minutes past midnight on Thursday to vote against requirements on wealth declaration, vetting by State agencies and publication of their pending criminal court cases. The move flies in the face of public pressure to strengthen the Bill.

Read more at: www.standardmedia.co.ke/?articleID=2000064732

www.nation.co.ke/News/politics/Unfinished+business+on+road+to+a+new+Kenya/-/1064/1225956/-/11wh73kz/-/index.html

Attempt by the chairman of the Constitution Implementation Commission, Mr Charles Nyachae, to stop two Bills that needed to be cleared by today failed after Parliament went ahead and passed them.

www.nation.co.ke/news/MPs-will-not-arm-twist-us--agencies-vow--/-/1056/1868926/-/11y6f4p/-/index.html

“Parliament should not use the budget process to arm-twist constitutional commissions,” Commission for Implementation of the Constitution chairman Charles Nyachae said during a meeting at Serena Hotel, Nairobi Friday.

By Wahome Thuku: Just hours after a case challenging the suitability of Deputy Prime Minister Uhuru Kenyatta and Eldoret North MP William Ruto to hold a public office was withdrawn, a new one has been filed at the High Court in Nairobi
…......
The petitioners had sought a determination on whether Uhuru and Ruto can pass the test of integrity under Chapter Six of the Constitution with the trial for crimes against humanity pending against them at the International Criminal Court (ICC). But they had only named the AG as respondent.

Read more at: www.standardmedia.co.ke/?articleID=2000071809&story_title=Kenya-Uhuru,-Ruto-face-fresh-integrity-case

By FELIX OLICK The Law Society of Kenya (LSK) has blamed the Judiciary for failing to enforce Chapter Six of the Constitution on Leadership and Integrity. LSK Chairman Erick Mutua accused the Judiciary of setting a bad precedence by dismissing integrity cases presented before it. Giving the example of businesswoman and Othaya parliamentary aspirant Mary Wambui, Mr Mutua maintained it was wrong for the Judiciary to dismiss such cases citing lack of Jurisdiction. “The courts are reluctant in ensuring that Chapter Six of the Constitution is enforced. Vetting of aspirants in regards to leadership and integrity has been left to the IEBC,”
Read more at: www.standardmedia.co.ke/?articleID=2000075227&story_title=Kenya:Judiciaryblamedforweakintegritylaws

www.standardmedia.co.ke/?articleID=2000097540

MPs suspend integrity and academic laws in March poll

- Updated Tuesday, January 8th 2013 at 00:00 GMT +3 Share this story: By Geoffrey Mosoku and Peter Opiyo NAIROBI, KENYA:

Enforcement of strident integrity laws and academic qualification as a precondition for running in elections will not apply for the March 4 exercise as had been expected.

This is because it now turns out that Members of Parliament connived to suspend parts of the Elections Act that provided for the academic qualification, and watered down legislation meant to operationalise Chapter Six of the Constitution on leadership and integrity. The changes MPs made were buried in the raft of alterations they passed as a package under what in parliamentary parlance is called an ‘Omnibus Bill’. Consequently, the Independent Electoral and Boundaries Commission (IEBC) will not vet aspirants on integrity issues as Kenyans had demanded in the current Constitution, including delving into their past.
Read more at: www.standardmedia.co.ke/?articleID=2000074539

While the chairman of the Independent Electoral and Boundaries Commission Isaack Hassan is on record saying that unless one has been convicted of the crimes they are accused of committing they can contest public office, legal experts warn the commission could be impaired by inconsistency in the interpretation of the law. Hassan has in the past argued that only the High Court is best placed to determine if aspirants facing criminal charges can vie for public office.

Read more at: www.standardmedia.co.ke/?articleID=2000074384&story_title=aspirants-face-hurdle-as-integrity-checks-tighten&pageNo=2

and last more! could it really surprise anybody that the Kenyan House of Legislation descended into the kind of farce we saw televised on dec 18? during the reading and passing of the anti-Otishotish Security amendment bills?

MPs pass tampered Integrity Bill

By Peter Opiyo Updated Saturday, August 25th 2012 at 00:00 GMT

Members of Parliament have ensured an easy return to the National Assembly for dozens of their own suspected of involvement in crimes. Under the cover of darkness, the MPs worked to ensure voters would not learn anything about suspected criminals that would keep them out of public office.

The MPs tore out sections of the Leadership and Integrity Bill intended to ensure those elected to public office are people of high morals. They sat until five minutes past midnight on Thursday to vote against requirements on wealth declaration, vetting by State agencies and publication of their pending criminal court cases.

Read more at: www.standardmedia.co.ke/?articleID=2000064732

So, that was Ceaser taking what is his! Mpigs being Mpigs until either Kingdom Come, or, come some hard herdsman, they end up as on skewers and chopsticks via the slaughterhouse. A national Christmax dinner

end part 2.

[mank]

Dec 26, 2014 11:11:17 GMT 3 jakaswanga said:

Meanwhile –-that constitution is viciously gored. Like this, you too.

With that, Brother Jakaswanga probably just committed a felony in the eye of The Security Laws (Amendment) Bill, 2004. Viz "Insertion of new section 66A in Cap. 63". Fortunately for BIL, most likely no one wants Bro Jakaswanga stopped in the tracks yet. But all beware, a knife cuts even its sharpener. ... why worry about antiterrorist laws if you are not a terrorist? - some ask!

[jakaswanga]

That, told above with lots of tongue in cheek, is the short story of what happened to the Integrity Clause. Given the monumental evidence of lack of integrity and self-respect at the apex of politics, my dear countrymen, how much disrespecting remains, which still can stick on these offices and their holders!? Have not these people, these beasts, disrespected themselves enough, disrespected the promulgated constitution enough –-cannibalising and dismembering her moral clauses, such that for them to pronounce the words respect and honour , demands the blade-sharp ironical quip of the Greek Chorus commenting on the rage of Oedipus, thinking Teiresias is being insolent!?

Watch your tongue, O Great King of Thebes!
for the truth may be a load beyond your heart to endure,
and a deed beyond your sight to stare!

Which brings me to this comparative:

A desperate jobless has been jailed for disrespecting William Ruto!?

The 23-year old scrap metal dealer who RUTO dragged to court for abusing him speaks

Wednesday December 24, 2014 - A 23-years old scrap metal dealer was on Tuesday charged in court for abusing and insulting Deputy President William Ruto on phone.
Dedan Marenya sent the Deputy President an abusive text message on December 15th this year, something that angered Ruto to drag him to court.

However, when asked why he had to abuse and insult the second most powerful man in Kenya, Marenya left everyone in the courtroom in stitches with his response. He said that he abused Ruto because he refused to pick his call like President Uhuru Kenyatta does whenever someone, however insignificant, calls.
“I was annoyed by Ruto for not answering my call that’s why I sent him an abusive text. It was the only way he could get my attention,” said Marenya.

The 23-year-old told the court he has been calling Ruto in vain. "Your honour I am jobless and I have been calling the Deputy President to assist me and he has been ignoring my calls," he said.

Marenya however, said he had no apologies for Ruto and denied one count of misusing a licensed telecommunication system on that day before Senior Principal Magistrate, Enock Cherono
- See more at: www.the-star.co.ke/news/jobless-man-charged-sending-dp-ruto-abusive-sms#sthash.NFpLEIkr.dpuf

But before that we had this divine intervention

An SMS appeal to the President bore fruit for the family of a woman whose body had been detained at a city mortuary over a Sh3.5 million bill. After a series of unsuccessful harambees, Ms Anita Lipesa, the dead woman’s sister, sent a text message to President Kenyatta on Monday afternoon. To her surprise, Mr Kenyatta called back 30 minutes later on his personal line. “I was reluctant to send the SMS, but I couldn’t believe it when he called me … I confirmed from the voice that it was indeed the President,” Ms Lipesa, 22, said on Tuesday at...

There is something worth learning here. A tale of the Kenyan co-presidency complex where William Ruto is the superior, more formidable politician, but Uhuru Kenyatta has the better staff, and so to quote the Nestor of Jukwaa on state matters, the venerable Kamalet: an army of sheep led by a lion looses to an army of lions led by a sheep!

The would-be sheepish son of Jomo got himself an army of lions behind himself. The lion-hearted Samoei has but sheep behind him.

So those of us who would vote for Ruto in a show-down must slap him awake out of this idiotic respect stupor which makes him haul a desperado Kenyan to court and to jail, using a 1952 –-colonial emergency-- penal clause! That is rotten politics! Ruto's spindoctor needs a solar-plexus sledge-hammer drive.

ON THE INFALLIBILITY OF WILLIAM RUTO, DP KENAY. (of harder breed commentary next)

[jakaswanga]

ON THE purpoteD INFALLIBILITY OF WILLIAM RUTO, DP KENAY.
---(of harder breed commentary next)

Read more: jukwaa.proboards.com/post/new/9241#ixzz3N6MtLbBo

ON THE INFALLIBILITY OF WILLIAM RUTO, DP KENYA.

O Great Samoei! While Uganda occupied Migingo Island, 'you' went by stealth on a visit to Uganda and conferred privately with Yoweri Museveni. SuBject 'unknown' . But what are the explanations around, since you know Africa too has her share of walls with ears and, wait for it, windy forests and birds which whisper what power talks about!

NB: According to Chinua Achebe, Chineke the bird learnt to fly without stopping because men learnt to shoot without missing. Here are some of the quips why the bird had to be wiped out of Nigerian forests:
--'a dictator may be good for the land, but Nigeria always has a bad dictator!''
–-'Abacha is a tough man yes, but God, must he be so stupid'.
---'Babangida is another one, he is leading Nigeria no where'.
---'Obasanjo had his moment long ago in Biafra, now he is but a zero!'

In Village markets in Nigeria, there are Chineke the bird quotes for the day. In Lagos, for the hour! And Lagos is where I got this one: 'Sani Abatcha died eating pussi! He ate enough Nigeria already!'
Well, everytime I meet an informed Nigerian, I always ask: true or not? Best answer I got was this: ''Of old Chineke the bird is not known to tell lies in Nigeria. But of late Nigerians are known to twist the bird's words!'

But now back to the mystery visits of the Great Samoei to Uganda's M7. And their secrets.

Nairobi — MYSTERY surrounds a visit by suspended Higher Education minister William Ruto to meet President Museveni in Uganda.

"He received calls from Museveni's people on Sunday afternoon and quickly found his way to Kampala. He was due to meet the President at some point today (yesterday)," said a source. The Star confirmed that Ruto met Museveni before the Ugandan leader proceeded to the Kampala Serena Hotel to launch his election manifesto.

What mystery ? Do we not have Chineke the birds in East African thickets, reading the lips of the men in power as they secretly whisper their stratagems in conspiratorial pacts to stop Africa from rising fully erect!? (Surely the dark continent can not let the American NSA/CIA always be the early bird which always eats the worm –-gets the info first!)

So the question had to be asked: Is it so, that in response to Museveni supporting your case at the ICC, you agreed to shut up over Migingo? As part of the trade off? In these security talks of yours, these phrases about defending Kenya from whatever threat, these professions of dignity and the rest, i aint caught you, O great Samoei, talking the lost island!

How is that for investigation into national treachery!? O great Samoei!

Ruto makes quiet visit to Rwakitura

By Richard Wanambwa Posted Tuesday, June 21 2011 at 00:00
Kampala: Last week, suspended Kenyan minister for Higher Education, Mr William Ruto, led a delegation of ministers and MPs to Uganda. On landing at Entebbe Airport, the group boarded a military chopper to Rwakitura, President Museveni’s country home.

State House yesterday confirmed the visit but described it as ‘private’, adding that the President did not share details of the meeting with his press team

Private Huh!? –-Give me Chineke the Nigerian bird any day, I will take the quote. --Not to mention what Ugandan security officials in Migingo tell Kenyans as their boots sink the Kenyan heads into the wet sand on shore!

But it is you William Ruto who quoted Aeschylus, the greek master of mocking chorus! So find a line for yourself!

Respect, yeah!

www.monitor.co.ug/News/National/-/688334/1186218/-/c08nnrz/-/index.html

During the presidential campaigns early this year, Kenyan Prime Minister, Mr Ralia Odinga and Vice President Kalonzo Musyoka paid separate visits and thereafter had private talks with president Museveni.
The sources also added that Mr Museveni and Mr Ruto discussed the forthcoming Kenyan elections, the future of Kenya and the ICC case where Mr Ruto asked the President to persuade the Hague-based court to shift the hearing of the case to Kenya in order to save him from travels.
Mr Museveni is said to have lectured his visitors on national unity, cohesion of government departments back in Kenya but said he will consult on the issue of the ICC

That is the good news! All ''tickets'' paid the Great Kaguta courtesy calls, to make their private deals and insure their supplicancy!

The Xala complex!

The bad news is this: you are suppose to be better than them. More virile, arguably the best of his generation. More potent in the head than the rest of the ticket-mates. Judging you by their standards reduces you to just another wolf in the pack! And that now is the story why we needed a second liberation, while independence was way back in the 60s, more than half a century ago! –-Yawa!

NB: I have to revisit Sembene Ousmane. He looked at African Independent states and declared: nymphomaniacs married to eunuchs! There will be a lot of screwing, but by imported dicks!

So I thought ... he meant ..
There will be a lot of oil money from Turkana, but in foreign pockets!

It is not easy for a eunuch to earn the respect of their nymphette mistress!

Guys, at a cetain stage a child grows past fairy tales. Children like me have simply outgrown the fairy tales told by the --baba na mama-- Kenyan ruling class. It is a long shot giving them respect!

And by these series of Christmas essays, i conclude my case as to why I will be excempt from supplication before our honourable members and their excellencies! --I grew up, and wolololo, MOVED :-*ON!

[kamalet]

Jakaswanga

You need to correct your history.....

William Ruto went to see Museveni when he was Minister for Higher Education after the attempt by Raila to sack him and perhaps long after the two had fallen out and Kibaki kept Ruto in cabinet to spite Raila. During that time, Ruto had not been indicted on the Kenya Pipeline Ngong Forest land saga which forced him to resign (he was acquitted). The ICC envelop had not been opened so I am not sure if the deal on ICC support would have been offered by Kaguta Museveni.

[jakaswanga]

Dec 28, 2014 10:00:06 GMT 3 kamalet said:

Jakaswanga

You need to correct your history.....

William Ruto went to see Museveni when he was Minister for Higher Education after the attempt by Raila to sack him and perhaps long after the two had fallen out and Kibaki kept Ruto in cabinet to spite Raila. During that time, Ruto had not been indicted on the Kenya Pipeline Ngong Forest land saga which forced him to resign (he was acquitted). The ICC envelop had not been opened so I am not sure if the deal on ICC support would have been offered by Kaguta Museveni.

seasons greetings Kamalet, if you see Otisho and b6k drunkenly crossing the street, please swerve to avoid them, and give them a lift home! rascals!

www.afrika.no/Detailed/20692.html

The dispute was exacerbated in early 2009 when Kenyans living on Island were asked to purchase special permits by the Ugandan Government. This sparked a diplomatic row between the two countries that was further exacerbated by comments by Ugandan president Yoweri Museveni while addressing students of the University of Dar es Salaam, Tanzania, in May 2009. Museveni argued that whereas the island was in Kenya, the waters surrounding it were in Uganda and asserted that Luos (a Kenyan community that forms the majority of Migingo Island's inhabitants) would not be permitted to fish in Ugandan territory. Some of the Kenyan politicians and the media did not take Museveni's comments and connotation of the language used kindly and urged for a more pungent approach from their government.

That is the context in which Kenyan politicians, battling for the future in the approaching elections of 2013 and some irritation called the new constitution, were doing deals.

These secret deals, if their ''HANSARD'' versions are not released, unedited for the public, the benefit of doubt goes with Chineke the bird. –--Wait until the TURKANA OIL parameters are plotted into these manoeuvres between Kenyan politicians and the eternal Great Kaguta.

NOVEMBER 2010:

Ruto’s visit was preceded a week earlier by a faction of KANU leaders team headed by the party deputy leader Gideon Moi, the favourite son of the former President Moi. He was accompanied by the party’s Secretary-General Nick Salat when they met with Museveni. This particular meeting took place in eastern Uganda at Nambole Stadium where the two represented KANU during the NRM party elections.
…..............
Moi’s visit comes shortly after the suspended Higher Education Minister and Eldoret North MP William Ruto, had attended the launching of Museveni’s campaign and NRM manifesto in Kampala on November2, 2010. Ruto was accompanied by the Belgut Mp Charles Keter and Moi’s former roving ambassador and at one time nominated MP Mark Too, alias Bwana Dawa.

So Kamalet, what business were they discussing in private? The who and who of Kenya, and the who and who's of Uganda.

THE ENVELOPE HAD NOT BEEN OPENED yes
(and we were still vague about going to the Hague)

October 2008 Waki hands his 500+-page report to Kibaki and Raila. July 2009 Koffi Annan hands over the WAKI ''infamous list of 20''' to Luis Moreno Ocampo.

1. You raise me the argument the contents of this list were a secret. –-I believe in the healthy self-survival and ruthless instincts of the politician. A man like John Michuki, in my logical estimation, would not go to sleep before, the very first day, he knew who was on that list. You would not survive that long in power like John Michuki if you made such elementary mistakes.

To me it is a fairy tale this was the most guarded secret in the world next to the coca-cola original formula!

The way that list was handled, would determine the future. Men recognised. But it would be a great idea to have former DGI Gichangi give his take! If he don't, I do it. It is just a question of thinking a bit. And then the rest can show the flaw in the logic!

You believe this list was secret to the higher echelons of Kenyan power!? I think even neighbouring intelligence organisations were in the know! That is the real world.

[mank]

Dec 28, 2014 13:22:59 GMT 3 jakaswanga said:

Dec 28, 2014 10:00:06 GMT 3 kamalet said:

Jakaswanga

You need to correct your history.....

William Ruto went to see Museveni when he was Minister for Higher Education after the attempt by Raila to sack him and perhaps long after the two had fallen out and Kibaki kept Ruto in cabinet to spite Raila. During that time, Ruto had not been indicted on the Kenya Pipeline Ngong Forest land saga which forced him to resign (he was acquitted). The ICC envelop had not been opened so I am not sure if the deal on ICC support would have been offered by Kaguta Museveni.

seasons greetings Kamalet, if you see Otisho and b6k drunkenly crossing the street, please swerve to avoid them, and give them a lift home! rascals!

www.afrika.no/Detailed/20692.html

The dispute was exacerbated in early 2009 when Kenyans living on Island were asked to purchase special permits by the Ugandan Government. This sparked a diplomatic row between the two countries that was further exacerbated by comments by Ugandan president Yoweri Museveni while addressing students of the University of Dar es Salaam, Tanzania, in May 2009. Museveni argued that whereas the island was in Kenya, the waters surrounding it were in Uganda and asserted that Luos (a Kenyan community that forms the majority of Migingo Island's inhabitants) would not be permitted to fish in Ugandan territory. Some of the Kenyan politicians and the media did not take Museveni's comments and connotation of the language used kindly and urged for a more pungent approach from their government.

That is the context in which Kenyan politicians, battling for the future in the approaching elections of 2013 and some irritation called the new constitution, were doing deals.

These secret deals, if their ''HANSARD'' versions are not released, unedited for the public, the benefit of doubt goes with Chineke the bird. –--Wait until the TURKANA OIL parameters are plotted into these manoeuvres between Kenyan politicians and the eternal Great Kaguta.

NOVEMBER 2010:

Ruto’s visit was preceded a week earlier by a faction of KANU leaders team headed by the party deputy leader Gideon Moi, the favourite son of the former President Moi. He was accompanied by the party’s Secretary-General Nick Salat when they met with Museveni. This particular meeting took place in eastern Uganda at Nambole Stadium where the two represented KANU during the NRM party elections.
…..............
Moi’s visit comes shortly after the suspended Higher Education Minister and Eldoret North MP William Ruto, had attended the launching of Museveni’s campaign and NRM manifesto in Kampala on November2, 2010. Ruto was accompanied by the Belgut Mp Charles Keter and Moi’s former roving ambassador and at one time nominated MP Mark Too, alias Bwana Dawa.

So Kamalet, what business were they discussing in private? The who and who of Kenya, and the who and who's of Uganda.

THE ENVELOPE HAD NOT BEEN OPENED yes
(and we were still vague about going to the Hague)

October 2008 Waki hands his 500+-page report to Kibaki and Raila. July 2009 Koffi Annan hands over the WAKI ''infamous list of 20''' to Luis Moreno Ocampo.

1. You raise me the argument the contents of this list were a secret. –-I believe in the healthy self-survival and ruthless instincts of the politician. A man like John Michuki, in my logical estimation, would not go to sleep before, the very first day, he knew who was on that list. You would not survive that long in power like John Michuki if you made such elementary mistakes.

To me it is a fairy tale this was the most guarded secret in the world next to the coca-cola original formula!

The way that list was handled, would determine the future. Men recognised. But it would be a great idea to have former DGI Gichangi give his take! If he don't, I do it. It is just a question of thinking a bit. And then the rest can show the flaw in the logic!

You believe this list was secret to the higher echelons of Kenyan power!? I think even neighbouring intelligence organisations were in the know! That is the real world.

Amigo Jakaswanga, soon we'll know for sure, but arguments in the Hague drama suggest that Ruto's name was not on the list enclosed in Wako's envelope. It may very well be the case that none of Ocampo 6 were listed in Wako's envelope ... but this is speculative.

[podp]

Dec 29, 2014 3:57:37 GMT 3 mank said:

Amigo Jakaswanga, soon we'll know for sure, but arguments in the Hague drama suggest that Ruto's name was not on the list enclosed in Wako's envelope. It may very well be the case that none of Ocampo 6 were listed in Wako's envelope ... but this is speculative.

Related to corruption and failure to act on re-invention of political cartels in procurements, is a weak rule of law.

The government has not been enforcing laws that would strengthen the culture of accountability within and outside of government.

Instead, we have gone ahead to pass new laws when we know quite well that we do not enforce the laws we have. For instance, the bandits who killed police officers in Kapedo in Turkana County returned some of the guns and uniform stolen from the police. They are yet to be arrested and prosecuted.

Failure to enforce the law and specifically failure to cultivate conditions for a strong culture of rule of law remain a major failure of the Jubilee government.

www.nation.co.ke/oped/Opinion/Why-Jubilee-must-embrace-rule-of-law-and-employ-governance/-/440808/2571606/-/12r3r29/-/index.html

going forward it appears as concerns rule of law, accountability and transparency we should not expect much from Jubilee government. speculations will be encouraged so as to introduce as many myths as possible

[mank]

Dec 29, 2014 9:11:45 GMT 3 podp said:

Dec 29, 2014 3:57:37 GMT 3 mank said:

Amigo Jakaswanga, soon we'll know for sure, but arguments in the Hague drama suggest that Ruto's name was not on the list enclosed in Wako's envelope. It may very well be the case that none of Ocampo 6 were listed in Wako's envelope ... but this is speculative.

Related to corruption and failure to act on re-invention of political cartels in procurements, is a weak rule of law.

The government has not been enforcing laws that would strengthen the culture of accountability within and outside of government.

Instead, we have gone ahead to pass new laws when we know quite well that we do not enforce the laws we have. For instance, the bandits who killed police officers in Kapedo in Turkana County returned some of the guns and uniform stolen from the police. They are yet to be arrested and prosecuted.

Failure to enforce the law and specifically failure to cultivate conditions for a strong culture of rule of law remain a major failure of the Jubilee government.

www.nation.co.ke/oped/Opinion/Why-Jubilee-must-embrace-rule-of-law-and-employ-governance/-/440808/2571606/-/12r3r29/-/index.html

going forward it appears as concerns rule of law, accountability and transparency we should not expect much from Jubilee government. speculations will be encouraged so as to introduce as many myths as possible

Is the word "speculation" the sole basis on which you quoted me, or are we really in the same conversation?

[podp]

Dec 29, 2014 21:48:19 GMT 3 mank said:

maybe we are in parallel or divergent or converging worlds. should I care which one?

do you remember this? mobile.nation.co.ke/news/Foul-SMS-to-Ruto-lands-man-in-cells/-/1950946/2567324/-/format/xhtml/-/15l0vipz/-/index.html

and yet no phone records of Uhuru could be revealed to ICC. believe this you can believe anything

then we recently had this! www.the-star.co.ke/news/15-ngos-deregistered-accounts-frozen-suspicion-funding-terrorism

again the bank records of Uhuru could not be revealed to ICC?

speculation ... the forming of a theory or conjecture without firm evidence.

[mank]

Dec 30, 2014 7:05:17 GMT 3 podp said:

Dec 29, 2014 21:48:19 GMT 3 mank said:

maybe we are in parallel or divergent or converging worlds. should I care which one?

do you remember this? mobile.nation.co.ke/news/Foul-SMS-to-Ruto-lands-man-in-cells/-/1950946/2567324/-/format/xhtml/-/15l0vipz/-/index.html

and yet no phone records of Uhuru could be revealed to ICC. believe this you can believe anything

then we recently had this! www.the-star.co.ke/news/15-ngos-deregistered-accounts-frozen-suspicion-funding-terrorism

again the bank records of Uhuru could not be revealed to ICC?

speculation ... the forming of a theory or conjecture without firm evidence.

Ha!

Are we still talking about Ruto's name and the Waki envelope? That I remember throwing an observation into. Is there a relationship between Uhuru's bank records or phone calls and whether Ruto's name was on Waki's list? The latter is the topic I was on when you quoted me. But I understand you would not care whether you advance the conversation I am in when you quote me ... that's strange, and it should be left in the old year.

Happy new year.

[podp]

mtego wa panya hushika waliomo na wasiokuwepo au?

www.kenya-today.com/news/hon-aden-duale-cousin-killed-terrorists-security-law

www.standardmedia.co.ke/thecounties/topic/sheikh-mohamed-ali-kheir-alias-dawara

www.nation.co.ke/news/Sheikh-Mohamed-Ali-Kheir-Death-Embu-Cleric/-/1056/2572768/-/c5b7uqz/-/index.html

why we cannot stop those terrorizing Moses Kajwang beats 'logic'

www.nation.co.ke/news/politics/Moses-Kajwang-Homa-Bay-Violence-ODM/-/1064/2572786/-/t9gcj1/-/index.html

[mank]

Dec 30, 2014 9:10:05 GMT 3 podp said:

mtego wa panya hushika waliomo na wasiokuwepo au?

www.kenya-today.com/news/hon-aden-duale-cousin-killed-terrorists-security-law

www.standardmedia.co.ke/thecounties/topic/sheikh-mohamed-ali-kheir-alias-dawara

www.nation.co.ke/news/Sheikh-Mohamed-Ali-Kheir-Death-Embu-Cleric/-/1056/2572768/-/c5b7uqz/-/index.html

why we cannot stop those terrorizing Moses Kajwang beats 'logic'

www.nation.co.ke/news/politics/Moses-Kajwang-Homa-Bay-Violence-ODM/-/1064/2572786/-/t9gcj1/-/index.html

Podp, how cold has Jukwaa become, for me to be the person to raise a controversy with over such matters? But I shouldn't complain. What should preachers do with their time if only the choir cares for what they do?

[podp]

Dec 30, 2014 10:54:05 GMT 3 mank said:

Dec 30, 2014 9:10:05 GMT 3 podp said:

mtego wa panya hushika waliomo na wasiokuwepo au?
/quote]Podp, how cold has Jukwaa become, for me to be the person to raise a controversy with over such matters? But I shouldn't complain. What should preachers do with their time if only the choir cares for what they do?

very sorry for that. my mind was not addressing anyone in particular when I wrote .... mtego....

it was more on how people are getting shot or killed in other ways and their families burying them with friends. I have a relative who had organized for water in his village. he had electricity and was also paying for his whole village. he got old, young and middle aged to hajj in Saudia Arabia annually and probably in between. he was shot after it was alleged he was recruiting radicalized outside and while in for interrogation he was shot. we buried him last weekend. those security laws were felt....mtego...

the bit about Moses was in thinking of how men in black, men in white and now those terrorizing Moses. why are the security laws not applied in same zeal.

sorry again

[mank]

Dec 30, 2014 19:46:56 GMT 3 podp said:

very sorry for that. my mind was not addressing anyone in particular when I wrote .... mtego....

it was more on how people are getting shot or killed in other ways and their families burying them with friends. I have a relative who had organized for water in his village. he had electricity and was also paying for his whole village. he got old, young and middle aged to hajj in Saudia Arabia annually and probably in between. he was shot after it was alleged he was recruiting radicalized outside and while in for interrogation he was shot. we buried him last weekend. those security laws were felt....mtego...

the bit about Moses was in thinking of how men in black, men in white and now those terrorizing Moses. why are the security laws not applied in same zeal.

sorry again

No harm caused me.

Not sure what to say about the application of "security laws" in this context, really, except that I would like to hear parliament taking pride of the fruit of its laws.

[jakaswanga]

Dec 29, 2014 3:57:37 GMT 3 mank said:

Amigo Jakaswanga, soon we'll know for sure, but arguments in the Hague drama suggest that Ruto's name was not on the list enclosed in Wako's envelope. It may very well be the case that none of Ocampo 6 were listed in Wako's envelope ... but this is speculative.

Mank! are you suggesting the argentine Ocampo just fished these names out of his hairy behind?
And why would Wako keep the silence of the grave at such a chicannery? (or is he dead!) that drama I would dare say beggars disbelief!

[mank]

Dec 31, 2014 0:13:20 GMT 3 jakaswanga said:

Dec 29, 2014 3:57:37 GMT 3 mank said:

Amigo Jakaswanga, soon we'll know for sure, but arguments in the Hague drama suggest that Ruto's name was not on the list enclosed in Wako's envelope. It may very well be the case that none of Ocampo 6 were listed in Wako's envelope ... but this is speculative.

Mank! are you suggesting the argentine Ocampo just fished these names out of his hairy behind?
And why would Wako keep the silence of the grave at such a chicannery? (or is he dead!) that drama I would dare say beggars disbelief!

Amigo, that's a curious question I too harbor. But what I said is my read of various arguments by the best actor in the drama at the Hague ... one KK. I could have misread him. The suspense is masterful.

I could say anything about Wako's attitude in the matter, but I would be speculating without reasonable basis. Obviously there has been a great amount of chicanery in this matter, and those in the know, and still alive, are not readily spilling the beans ... I see no harm assuming Wako could be among them, for reasons I am not yet moved to speculate. For now, I keep my eye on the drama.

[b6k]

Dec 21, 2014 19:33:35 GMT 3 Daktari wa makazi said:

The government knows best.

Today, barely four years after it was inaugurated with much pomp and ceremony, Kenya’s new constitution is being undone. The Security Amendment Bill introduced in Parliament last week portends the return of the all-powerful, unchecked executive and its intrusion into almost every facet of Kenyans’ lives.

Patrick Gathara

www.pambazuka.net/en/category/features/93601

An advisory on the Security Laws (Ammendment) Bill 2004

Kenya National Human Rights Commission

The Kenya government is pushing a raft of changes to security laws that if enacted would return the country to the dark days of dictatorship. An analysis of the Bill by the country’s statutory human rights body reveals that the proposed changes are momentous and seek to amend the Bill of Rights without a referendum and fundamentally alter the principles of criminal justice.

www.pambazuka.net/en/category/features/93591

Kenya Security Bill tramples on basic rights.

The hastily drafted security bill infringes on many basic rights and freedoms protected in Kenya’s constitution and international human rights law. The authorities need to focus on how Kenyan security agencies have long violated human rights with impunity, and not empower these forces further.

Human Rights Watch and Amnesty International

www.pambazuka.net/en/category/features/93599

Not so fast with the pessimism. Kudos to Justice Odunga for bringing sanity back into the equation! CORD are busy hailing yesterday's events as their victory yet if you look at it objectively the ruling was as much an indictment of CORD as it was of the Jubilee government. By suspending 8 clauses that contradicted the Constitution the judge in what he called a "guided missile approach" simply did what the political class failed to do. That is remove the handful of clauses that were objectionable. In one move Odunga not only redeemed the Mutungaroo courts, but made it crystal clear where our politicians from both sides of the divide were getting things wrong.

From the get go, Jubilee should've ensured whatever amendments they brought to the table didn't run at loggerheads with the Constitution. For their part, CORD shouldn't have gone for a blanket objection to the entire bill. A focused blocking of only those clauses that affected our constitutional rights was always the best way to go. Had they done so within parliament, whilst observing the house rules, then indeed yesterday would have been a victory for CORD. The way it played out, we had a sober judge on the bench & so far the victory belongs to the people of Kenya since the courts at least are working for a change.

With a few more people like Odunga, there may still be hope for KE...

[jakaswanga]

b6k, Kenyatta the president of the republic of Kenya, sworn to protect the constitution, at his service a battery of good lawyers one would presume, including his cousin Professor Muigai as the AG, hurriedly appends his left-thumb to amend unto law a heap, of which 8 clauses a learned Judge rules unconstitutional within 8 days! --aint that right there your silly president? did we not tell him to use his mind some and DELIBERATE, coz there was controversy. Charles Nyachae is on record, warning a re-read of the constitution was needed before an illiterate John Hancox!

Who is my lawyer here now!? Is not that den of Mpigs called LEGICO bursting full of types from the Kenya law school!? –-How on earth did it escape their professional opinion that they were contradicting the constitution, at least in 1 amendment, leave alone the 8 cited by the Judge!

And then the team of lawyers who surrounded and goaded the hapless son of Jomo as he signed them into effect, how did the 8 incompatible-with the-constitution escape them? Were they deliberately playing him for the fool? Were they absent minded, or they are plainly incompetent in the head?

Sadiq and Horth raise interesting points on the persecution of the Lieutenant.
2a. Why was he not tried at Busia where he was arrested/handed over to the Kenyan police?
2b. The expediency which the process commanded, wreaks of a stitch up! And, wondering aloud in polarised Kenya, should a Kikuyu female judge named Anna Wainguru have recused herself, because
(a1-) the hate speech component was directed at Kikuyus, and thus can prejudice the mind of a Kikuyu judge
(a2-) As coincidence would have it, the Judges name sounds strangely if not amusingly, a near perfect phonological twin to the one the lieutenant alleged Uhuru likes to go busy on a-pumping!

[b6k]

Jakaswanga, I place the blame squarely at the feet of the media because the one thing they have consistently failed to do is to keep us fully informed on this issue. Their approach has been focusing on the clauses that affect the media 90% of the time while ignoring the ones that assault the bill of rights for individuals, or at best mentioning them in passing. When the media "informs" the public whilst wearing blinkers with their self interest in mind, it's little wonder many of us find it difficult to know what's really happening. Case in point, have you seen a copy of the bill that Uhuru actually assented? The one that had the changes appended in the noisy parliament on December 18th?

It's good you mention the CIC's Nyachae. Yes he was on record voicing concerns on the original Security Amendment Laws Bill BEFORE it was passed in the noisy parliament session. After that, I do recall watching him on one of the TV stations on the 19th saying that the CIC was satisfied that the bill Uhuru signed into law did not violate the Constitution as appropriate changes had been made by legislators. In short, he gave it a clean bill of health & didn't seem perturbed about the way it was passed in parliament. So who's fooling who?

Sadly I don't place much confidence in the LEGCO since time and again the players have descended to simply parroting party lines with one side shouting it's all good & the other bleating it's all bad...nothing in between. Yet when it comes to matters security we need the compromise in between the hardline party positions for our collective good so that we are all in one boat together as was proved by Justice Odunga.

Government lawyers the world over will push the envelope as far as they can to strengthen government's power. So I'm not surprised AG Muigai (who is not Uhuru's cousin as Kamale & OO educated eons ago on Jukwaa archives) would read the Constitution in a different way than say Orengo would. The law, as they say, is an....

Was this Lieutenant Wadi character arrested in Busia or Uganda? Was he deported by road or by air? If by road then yes I suppose it would've been better to charge him in Busia given the urgency. If he was jetted into JKIA then you can see why he was charged in Nairobi. In an era where you can travel to Uganda on the strength of your national ID alone it seems such niceties as prolonged extradition proceedings have been shelved as well. Easy come, easy go...

On the ethnicity of the magistrate who heard his case & conflict of interest as Wadi was charged with attacking her community I leave that to the legal fraternity to decide. For what it's worth I did see the LSK head, Eric Mutua (a Kamba) lauding the ruling which now will act as a precedent & deterrent for future rambunctious bloggers who get carried away with ethnic tirades on cyberspace last night on the news.

As for her name sounding like a certain CS's, Jakaswanga you know your taking poetic license a bit too far (& living dangerously because the said CS has already threatened to take an online rag to court for speculations mirroring those you raise above!). The magistrate is called Ann Kaguru, not Wainguru.

www.nation.co.ke/news/Allan-Wadi-University-student-jailed-insulting-Uhuru-Kenyatta/-/1056/2576650/-/1igoa4/-/index.html

Now withdraw & apologize before you become the first Jukwaaist hauled off to Milimani in handcuffs...

[jakaswanga]

Jan 4, 2015 7:32:47 GMT 3 b6k said:

Jakaswanga,
It's good you mention the CIC's Nyachae. Yes he was on record voicing concerns on the original Security Amendment Laws Bill BEFORE it was passed in the noisy parliament session. After that, I do recall watching him on one of the TV stations on the 19th saying that the CIC was satisfied that the bill Uhuru signed into law did not violate the Constitution as appropriate changes had been made by legislators. In short, he gave it a clean bill of health & didn't seem perturbed about the way it was passed in parliament. So who's fooling who?.

b6k, here is a clue a to the behind-the-scenes intrigues which could have resulted in the cock-up --the president signing stuff which are against the constitution. which should be a separate crime I think, near treason! aint the president publicly sworn to protect the constitution? so if he breaks that oath, and more so rashly in the face of public caution, consequences should not be hypothetical, me reasons!

But Githu --he is no presidenetial cousin/uncle you say? was not in the loop apparently!

www.nation.co.ke/news/politics/Attorney-General-Githu-Muigai-Security-Laws/-/1064/2576882/-/jxosxaz/-/index.html

Attorney-General Githu Muigai has explained his peripheral role in the enactment of the new security laws whose key clauses the the High Court suspended on Friday.
Prof Muigai, in an interview with the Saturday Nation, said he was not at the forefront of defending the laws since he was not part of the team that drafted the controversial legislation.
He said the new laws were a joint initiative of the Executive and a parliamentary committee, where the Solicitor-General Njee Muturi was involved.

Prof Muigai, however, said he fully supported the anti-terror laws, allaying speculations in the media that he was sidelined.
“I don’t draft every law, but I supervise the process,” he said, and added that the drafting of Security Laws (Amendment) Act 2014 happened when he was engaged in other duties.
Prof Muigai described Mr Muturi as “a very valued member of my team,” and bemoaned the fact that the culture of preparing the next generation leaders by delegating work has not gained currency.
Parliament passed the anti-terror laws on December 18 amid uproar that the legislations infringed on basic rights and freedoms, and were unconstitutional.
President Uhuru Kenyatta assented to the laws the following day.
Cord filed a petition at the High Court resulting in Friday’s suspension of implementation of some of the clauses.
In the courts, the government was represented by Director of Public Prosecutions Keriako Tobiko and Mr Muturi.
“We were all aware of what was happening,” said Prof Muigai, and added he supported the decision to make security laws responsive to emerging threats.
“Public officials should be allowed to work without feeling scared that they’ll be shouted at,” he said alluding to the public outcry that follows when government officials make unpopular decisions.

Sollicitor General Njee Muturi carries the can! --Our Dr. John Yoo.

www.washingtonmonthly.com/archives/individual/2008_04/013450.php

Political Animal

April 2, 2008
By: Kevin Drum

THE TORTURE MEMO....The infamous John Yoo torture memo has finally been released, and it's pretty remarkable. (Part 1; Part 2.) Basically, it says that criminal law doesn't prohibit torture because it doesn't apply to the military. Treaties don't prohibit torture because they only apply to uniformed enemy soldiers. Ditto for the War Crimes Act. And federal statutes prohibiting torture don't prohibit torture because they don't apply to conduct on military bases.

[b6k]

Looks like AG Muigai hints the buck stops with him thanks to his supervisory role. As to public officers living in fear of being shouted at by the public when they make unpopular decisions they had better get used to it. What they do, they do in our name so when they do something contrary to the public will it's inevitable there will be hell to pay.

Your missive may cover the AG's lack of oversight in missing the controversial clauses but it doesn't excuse Charles Nyachae for giving the bill a clean bill of health. The CIC is full of lawyers. He also happens to be one. He should've been singing from the rooftops that the bill was not kosher...