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Post by mank on Jan 16, 2015 4:35:56 GMT 3
BREAKING on KTN: Another family identify Yebei's body as matatu tout, Yusuf Hussein, from Kapsabet. CID have taken fingerprints of the body & are 60% (accurate) convinced that the prints match Hussein's in the national database. They require more tests to confirm 100%. More to come... What now? Yebei's body is Yusuf Hussein ?? Confusing! What told the first party that the body was Yebei's? I am surprised they already took finger prints and they cannot conclude on the possibility of the body being that of Yebei. Aren't finger prints enough to answer the question whether a body under exam could belong to some known individual. No one is saying that the body was too damaged for reliable finger print analysis. So the whole saga reads like a James Hadley Chase reenactment. It sounds like someone with the interest to keep secrets has lots of strings to pull.
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Post by mank on Jan 12, 2015 15:54:08 GMT 3
In the insurance industry, they undertake something called 'causation analysis' and this serves the industry in two ways. First to establish liability, is the cause of the loss a direct insured event?;, i.e. if too many cars are being stolen via carjacking, which model is more popular? With such information the industry is then in a position to price the theft risk properly. Coming down to human beings, and excluding the need for an insurance company to know, I keep wondering what the knowledge of the actual cause of death of a person will help me with. First the guy is dead. If he died in a road accident,is it important for me to know that it was due to pancreatic failure or liver damage? Even when someone dies in hospital, there will still be those curious to know the actual disease the dearly departed was suffering from! So as per law, if you do not die in hospital (apparently suffering from a diagnosable disease)then it is mandatory for a postmortem to be undertaken to establish the cause of death. Like in insurance, the reason is to ensure that no crime was committed leading to the death. Our pathologists would mostly look for injuries to point at murder and I highly doubt a death induced by arsenic is anything they would find and the heart attack route would be an easier one to conclude. In cases of alcohol poisoning, it is the damaged body parts that would point at the reason for the death, but failure of the organ damaged is always prescribed as the cause of death. In the case of Fidel, the closest we have come to see a crime is in the mad utterances of Paul Kobia who is alleged to have claimed he killed him. Kobia is an easy one to eliminate considering that he was no where near Fidel based on the company that Fidel was in. Fidel was taken home in his own car by a valet driver which would easily put Kobia out of the picture. Fidel is known to have been with friends he probably ranked more interesting than mama and papa when he declined a family lunch and when these friends are named, they actually are long time friends of his! I have heard outrageous suggestions of the death of Fidel including the Abuja connection alluded to by dineo. I think all this speculation by people is normally intended to achieve a political end or property end (in family disputes!). Once you are dead, unless you can pick the hand that caused it, you grief less by letting go the departed one. You never know they may be in a happier place than you! I don't think it is fair to say this much and not give midomo-payuka like Musyoka the recognition of insinuated political murder.
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Post by mank on Jan 11, 2015 2:27:01 GMT 3
So far, no one has mentioned witchcraft. There is still time, Dineo. It is really amazing that a man's time to go can't be just that. His time. That would be too unimaginative... too boring. .... unexploited. I remember one time I learned in Nairobi, while traveling upcountry, that a certain young man had been struck and killed by a bus at the home market the day before. I stopped midway to salute a buddy on that same day ... by that time and place, the cause of the guy's death had been upgraded to AIDS! Folks were eager to get me in the know ".... ukimwi utamaliza watu. Did you hear x died recently?" It looked as if something was taken away from them when I explained the actual cause of death. Just a boring old way to die. I bet "Ebola has killed lots of our people" recently. That's our people. We can't take them too seriously.
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Post by mank on Jan 10, 2015 20:36:04 GMT 3
.... Mugo wa kibiru must posses some godly powers ... Come on Person! Don't you know Mugo wa Kibiru has godly powers? That is supposing he's the same prophet of old, reincarnated. He has put forward his own test, now we wait for the revelation of his substance.
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Post by mank on Jan 4, 2015 20:34:30 GMT 3
So tragic. So sad. I wish the family the strength of heart to deal with the pain and emptiness that's brought by the tragedy, and a quick revelation of what caused the death.
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Post by mank on Jan 4, 2015 2:30:37 GMT 3
Oh my! We were forewarned by the self-proclaimed professor of politics that we were not ready for the freedom we sought. And what's the crime exactly? I am confused because the same law alleged to have been broken affords people freedom of expression. What are the limits of that freedom, and how did Wadi exceed them? I read from the other thread that the charge is one of "UNDERMINING THE PRESIDENCY". How? Now that the case is over, are the details public? Mank, I too wish the learned friends on the board would avail us the full transcript of the verdict, and the charge as it was read, specifying the violated penal clause. Amigo, this should be a teaching moment but it is being wasted. I would like to see new headlines like .... "Kenyan blogger jailed for threatening the president and the kikuyu".
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Post by mank on Jan 3, 2015 21:11:13 GMT 3
.... The second charge which I think is even more serious than this Uhuru name calling charge is under the National Cohesion law where the student boldly asked for Kikuyus to be deported from all other parts of Kenya to central province. ... If this was part of the charge then we are just we being overworked by sensational media. So was it? If it was, shouldn't that be the more significant portrayal of the case as opposed to undermining the presidency? What does undermining the presidency mean in this case?
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Post by mank on Jan 3, 2015 21:00:26 GMT 3
And what's the crime exactly? I am confused because the same law alleged to have been broken affords people freedom of expression. What are the limits of that freedom, and how did Wadi exceed them? There are those who feel that a Kenyan who misrepresents a president on a blog asks for whatever may befall him/her. Others feel that president, or even God, can be subject of misrepresentation in many contexts, especially in humor, under freedom of expression. In US, a country from which Kenya seems to have borrowed much of the current constitution, has an extremely generous freedom of expression. Bloggers in the US make all kinds of allegations about their leaders, including even presenting their presidents in derogatory photo-shopped images and all kinds of ungodly characterizations, and no one is ever prosecuted. I have seen very insulting images depicting Obama, and never heard of a mere reprimand of an author. It is important therefore that Kenya makes it very clear what the constitutional freedom of expression entails in the context of these prosecutions, or whether Wadi's crime is of some other nature. Presently the prosecution and sentence casts a big dark shadow over constitutional achievement we thought we had. I read from the other thread that the charge is one of "UNDERMINING THE PRESIDENCY". How? Now that the case is over, are the details public? Umm, wrong. Man Jailed After Threatening President Obama on TwitterGets even more interesting: The Secret Service Wants You to Report Troubling TweetsBrave New World. We already know that radio and television can be a very powerful weapon (In Rwanda, Radio des Mille Collines presented their honest opinion) and now the world has made it extremely easy for anyone to use social media however they see fit, including the downright dangerous cranks and their followers. Horth, To threaten someone is not the same as to reproach someone. So "Man Jailed After Threatening President Obama on Twitter" does not counter what I said about the opinion space enjoyed by Americans confronting their leadership. Or are you saying that the charge included threatening the president? Just Google around and you will see all forms of maligning narratives of the sitting president - he's not just been called names, but also been misrepresented pictorially. Even his family has been insulted. I have not heard that anyone is prosecuted for these unbecoming presentations. I agree with what you say about the power of radio. But it is not clear to me that such is the crime under discussion hear - and the lack of clarity of the crime is what I find troubling because under such ambiguous sense of criminal conduct it is quite possible for people to be persecuted just for ideological objection.
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Post by mank on Jan 3, 2015 7:45:13 GMT 3
And what's the crime exactly? I am confused because the same law alleged to have been broken affords people freedom of expression. What are the limits of that freedom, and how did Wadi exceed them?
There are those who feel that a Kenyan who misrepresents a president on a blog asks for whatever may befall him/her. Others feel that president, or even God, can be subject of misrepresentation in many contexts, especially in humor, under freedom of expression.
In US, a country from which Kenya seems to have borrowed much of the current constitution, has an extremely generous freedom of expression. Bloggers in the US make all kinds of allegations about their leaders, including even presenting their presidents in derogatory photo-shopped images and all kinds of ungodly characterizations, and no one is ever prosecuted. I have seen very insulting images depicting Obama, and never heard of a mere reprimand of an author. It is important therefore that Kenya makes it very clear what the constitutional freedom of expression entails in the context of these prosecutions, or whether Wadi's crime is of some other nature. Presently the prosecution and sentence casts a big dark shadow over constitutional achievement we thought we had.
I read from the other thread that the charge is one of "UNDERMINING THE PRESIDENCY". How? Now that the case is over, are the details public?
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Post by mank on Jan 2, 2015 7:28:53 GMT 3
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Post by mank on Jan 2, 2015 1:21:10 GMT 3
Until voters understand the power they hold ... and stop abdicating it to brats, I tell you, complaints, demonstrations and founding of new republics, will be our cycle of life.
By the way, I am still not fairly informed what entails a crime of blogging when you are a common mwananchi. Everything I have read of the new laws is silly, arbitrary and capricious. So don't be hasty, ho gods of our republic, should I fall felon by expressing a few frustrated thoughts. Perhaps you are the problem. edited!
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Post by mank on Dec 31, 2014 2:47:06 GMT 3
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.
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Post by mank on Dec 30, 2014 21:10:56 GMT 3
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.
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Post by mank on Dec 30, 2014 10:54:05 GMT 3
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?
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Post by mank on Dec 30, 2014 8:58:38 GMT 3
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.
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Post by mank on Dec 29, 2014 21:48:19 GMT 3
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.htmlgoing 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?
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Post by mank on Dec 29, 2014 3:57:37 GMT 3
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 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. 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.
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Post by mank on Dec 26, 2014 21:40:29 GMT 3
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!
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Post by mank on Dec 21, 2014 8:57:18 GMT 3
Insecurity? What insecurity? We passed a law .... you can't say no insecurity! We have a law against that!
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Post by mank on Dec 19, 2014 3:39:51 GMT 3
... thinking of the historical context we are describing as a creeping fascism, is it not obvious that the laws are meant to deal with expected, promised internal dissent? political dissent, defined even as crimes of the mind: something like disrespecting the president by cracking a joke!... Is this what you are talking about (I will tell you why this man is guilty, because you seem not to know)? Robert Alai is no stranger to controversy over his Twitter activity A popular but controversial Kenyan blogger has been charged with undermining the presidency, following a tweet he posted earlier this week. Robert Alai, a fierce government critic, called President Uhuru Kenyatta an "adolescent president". He denied the charge and was released on bail of $2,000 (£1,300) but ordered not to post similar comments while investigations continue. Mr Alai is among Kenya's most prominent and influential bloggers. He has 140,000 followers on Twitter. The BBC's Emmanuel Igunza in Nairobi says Mr Alai attracts love and hate in equal measure. On the same day as calling Mr Kenyatta an "adolescent president", he also tweeted the phone numbers of the president and other senior officials. Mr Alai has already received massive support on Twitter from Kenyans who see his prosecution as part of a government scheme to curtail media freedom and freedom of expression. Soon after being released, he tweeted defiantly that it will be hard to silence him. Two years ago, he was arrested and questioned after claiming that the then government spokesman was planning to kill him. ====================================================================== Everybody must love his leaders: Idi Amin said. If you disagree, then you have to tell me your version. ====================================================================== Seriously speaking, it is difficult to make sense of what is going on in Kenya ... after the euphoria of "the greatest constitution on earth." And you know many people all around the world took that label seriously! Kenya has attracted lots favorable attention worldwide since the inaugration of that law. I have read many comments about headge fund managers who viewed the constitution as a significant sign of friendliness of the nation to investors. I bet we will soon be seeing such comments appended with questions as to whether the constitution deserves any serious citation amount world investors. But perhaps we should ask the "learned friends of Jukwaa" to do a probono here ... tell us what law was broken by the blogger.
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Post by mank on Dec 18, 2014 2:36:09 GMT 3
Dear Jukwaans, Salaams. After the verdict on the presidential elections in 2013 by the now disgraced supreme court of Kenya, Raila Amollo Odinga told Kenyans not to weep for him but for themselves. What a prediction! We are now crying like kids as our land is turned into a dictatorship by parliament. Since you point out that it is parliament turning Kenya into a dictatorship, it is unclear what you suggest would be different if Supreme Court had ruled for Raila as the president.
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Post by mank on Dec 16, 2014 9:39:17 GMT 3
A VERY QUIXOTIC TRIP TO MIGORI, A VERY QUIXOTIC DELEGATION FROM MIGORIHi, HIS EXCELLENCY Ouru wuod Onyatto, Hi Sir! I am a teacher, but I beg to be left out of this bus business! You and I can dispense with ostentatious displays of chumminess. Like this bus-fleet of kiss-and-make business from Migori; it rings so fishy meseems even the fishiest of markets would be uneasy. Actually you are my brother in law. Gringo Mank is very aware of this, and I should trust unless he had the temerity not to share out the dowry with you, by one way or another bypassing the exorbitant tribute rates to your banks that is, you have been the recipient of my heartfelt wishes to cement our familial ties (deeper than the shaky though successful union of England and Scotland.) But well, Mank could have been conquered by North American self-centeredness, and in greedy Texan style, all by himself eaten up the several truckloads of goats I came up the slopes with. No, Ouru Ori, I am not talking about the kind of kind of goats from Migori who were sheepishly herded and huddled in a corner of a city park named after you! President Uhuru Kenyatta greets some of the ewes of the sheepish Migori Goats delegation at State House. [PHOTO: DPPS] But make no mistake. A bit of a traditional ker-her myself, I do not suffer hooliganism. Goons of all shades, from all walks of tribes, from whatever corner of the corruption-ridden republic of Africa, do twist my nose (like slum toilets presided over by Kidero in Nairobi). The distasteful sight and unsightly odour of such scum, hurts my every sense, fishy as they may be. My tribal honour from the scriptures defining the dignity of a host –the original chivalrous and philanthropic one, as opposed to the modern morally bereft and sycophantic one you are used to in the Luo Mpigs you are used to bribing with pittances, does not tolerate mayhem of any sort in my homestead. Even when I have reason on occasion to discipline your sister in Okonkwo fashion, the woman must not announce it from the depths of her lungs for the whole countryside to come and witness, entertaining their idle lives with my domestics. And when the visitor is Ori, like your Excellency with whose sister I sleep, or honourable Omwenga who sleeps with mine, any goonery within my homestead would be a desecration of the family spear. But that also means the onus is on me before hosting an occasion likely to be controversial, to do thorough groundwork. That could be diplomatic consultations, that could be calling out old debts, or unveiling a new protocol to underwrite a ceasefire. There are many stories, precedents, of reconciliation visits after periods of war between the Luos and their enemies at any one time. I know of two historic ones. One after the peace treaty between the Luo and the Kipsigis that settled the border long ago, and the other between the Luos and the Gussii. Once upon a time there were a Kuria identical twins. They came to be separated (a long story) and one ended up counsellor to a Great Gussii chief, and the other to a Great Luo chief in the Rachwonyo area. After a dreary period of strife betwen the two communities, the two counsellor twins were simultaneously visited by a wise ancestral spirit that they dreamed a device, or plot. The Luos should come up with 1000 of their best nymphomaniacs, equitably divided over the sexes, and the Gussiis likewise. Then at Agoro Sare fields they would be a competitive ritual orgy, an olympiade in the sexual act, dedicated to the spirit of peace. It would still be a fierce contest of thrusts, but delightfully less bloody, and hopefully leading to offspring with a propensity to other passions than genocide in grievous inter-tribal war.Your Excellency sir, you will remember your negotiations to seal your current Jubilee rapprochement between the Kalenjin and the Kikuyu, after the insanity of the PEV in 2008. No joke, eeh!? A D-PORK in spirit a co-presidency, the Uhuruto conjoined twin, 50/50. They say power is very jealous, the top-seat very monogamous and tolerates not a double act, nor Triumvirates. Julius Ceasar and Pompeii and the rest; Augustus, Marcus Antony and Ceasarion. It is a dangerous dangerous sad game, co emperorship! No MOU can guarantee parity. One twin begins to cannibalise the other, reminding us of Raila and Kibaki GCG, after an earlier MOU. But the point is, you understand the nature of the MOU you went for to pacify Kalenjin suspicions. Not to mention the level of self-serving lies the two of you professed to turn the tide on the Ocampo ICC. Therefore .. Ouru Ori … Yawa! To come to Migori wherein Migingo is suppose to :-Xembed, and you carry nets, true, life-saving nets which ward off the anopheles-borne trypanosomatic or plasmodial infests, looks the kind of political gimmick thought out by spindoctors used to buying Luo Mpigs on the cheap, and, generalising that data, reaching the erroneous conclusion thus: like their cheap Mpigs go, so goes the sheep of the Fishlands! Of course when I heard you had a fleet of double-trucks 2km long –beating the one of Putin into East Ukraine-- ferrying condoms along in your wake, for a moment I thought Onyango Oloo TNT had delved deep into Luo history and unearthed the Agoro-Sare legend above. And you had seen the good in it, and so all the nymphomaniacs from the slopes would be heading to the Lakeshore in your wake, and following would be an sweaty marathon extravaganza which would rival Chinua Achebe's legendary recital on the wrestling match between Okonkwo and Amalinze the cat. ''Ever since Umuofia the founder of their village engaged a King spirit in a match that lasted seven days and seven nights, never had there been such a famous wrestling duel. Amalinze was called the cat because his back never touched the ground. He was a wily craftsman, but Okonkwo was as slippery as fish in water.'' --I think I do pretty well on that on memory fired by raw scotch. (Come evening I will be so drunk I will singing Gaelic war songs at the stature of Robert the Bruce in an inverse celebration of the No vote –the logic of drink is hard to follow as a fellow drunk like you would know, Mr. President!) You carried more goodies apparently. Sugar cane farmers late duties for instance. But we know sugarcane is a dead industry with COMESA cheaps, and your own former intelligence chief Gichangi, confessed to cluelessness on something everybody knows. Confectionery sugar has been a killer-racket, even the heads of the sugar factories themselves have been re-packaging --and, wait for it, :-Xit is trucked into kenya by army sorties from Kismayo free port!. So, Ouru Oyadha, which economics are practicing? herding Migori into the sugar industry, with world sugar/kilo price at ksh. 45, and minimal Nyanza product market placement minimum at ksh. 110/kg? You are deliberately herding the sheep over the cliff, into total bankruptcy!? or are you passing anti-comesa protectionist laws? You pacification package for Nyanza deserves a return to sender. Nyanza can be bought, and Migori definitely. But the price gotta be right. And it looks like you have not yet hit a going theory of value. And then offer Migori and the wider Nyanza a political auction rate they can not possibly refuse! (now that the Ruto backyard is volatile too) I suggest you hire Mank! (then might you help Migori escape the fate of Detroit!) see! jukwaa.proboards.com/thread/8589/country-kenya-bankrupt Part 2. (if I survive the whisky tots!) I was busy at the shale oils BIL. Now that it is below surface, where it always was anyway, I am available.
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Post by mank on Dec 15, 2014 8:40:44 GMT 3
Anything beyond the title is "gory", hence "criminal" to report in Kenya!
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Post by mank on Dec 15, 2014 6:29:12 GMT 3
I wonder how long they will drag the other case on. ... too much of the shenanigans we only speculated about in the past is now out in the open to keep the charade going much longer. As things stand, and unless there is a sudden & major change, it's hard to see how Ruto could be found guilty "beyond reasonable doubt". But the case could go on for much longer than people imagine. I would not even include the "beyond reasonable doubt." A critical point will be when Ruto's defence files a "no-case-to-answer" motion. It's hard to know how that will go, given that some "sensitive" evidence has been given in "private" sessions. We the public don't know what was said. (In fact, I doubt that much of the public has really been following all the sessions.) Still, on the basis of what I've heard, if I were to place a bet, it would be on a ruling that Ruto-Sang ought to mount a defence. Indeed we don't know what the court heard in closed/private sessions. But I feel confident extrapolating what we have heard in public ... and I have put my my popcorn to the use it was intended. I have heard every word said and recorded in public, up to Dec 5. I don't understand how wananchi lost interest, so fast, in the life drama. Another point is that the ICC differs from a "normal" court in a very significant way: The latter is primarily concerned with guilt vs. innocence; and if a perp were to say " yes, I did it!; and, yes, I would do it again, if I could !", the next phase would be the sentencing phase. At the ICC, the judges have the authority, in such a case, to still order a trial, because they have a mandate to "get to the truth". I hope the judges will find it to be their duty to also try the OTP for allegations of evidence fabrication and witness coaching, if there is an iota of indication that such allegations have basis. But after there was no question for the OTP as to what became of all the "indisputable evidence", in UK's case at dismissals, I have little confidence that the court wants to know the whole truth. I mention the last point because there is, even in Kenya, a great deal that people don't know: Was the burning of those women and children in Kiambaa just a "random" act by a few hooligans? Were Mungiki actions in Naivasha just the "spontaneous" actions of a few crazed criminals? If the court takes seriously its mandate regarding the truth, then, unless the case against Ruto-Sang is really hopeless, the trial will continue.From where I sit, it seems like the court doesn't care about "few hooligans" if there is no connection of them with the accused. So, to me, it seems like the court does not want the whole truth ... unless that whole truth is convenient for convicting a currently accused. Lastly, even though the case against Uhuru has collapsed, people would still like to know what exactly the prosecutor claimed to have against him to start with . Unless Jeff calls the Amigo back to the bench, I doubt that question will be raised to any correct party again! Uhuru's QCs have put up a spirited battle to stop the public from seeing the prosecutor's Pre-Trial Brief, but the judges this week finally ruled that there is no reason why the public should not see it: www.icc-cpi.int/iccdocs/doc/doc1882796.pdfIt will be available next month. (Additional rulings on other "sensitive/hot" documents are pending.) Now if they could just tell us how seriously they have thought of the allegations made about OTP fabricating everything!
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Post by mank on Dec 15, 2014 6:04:19 GMT 3
Mank I am not sure when you were last in Kenya..... A year, or a few days less than that. But I believe I missed the scary comment you allude to. But someone made a very scary comment that should perhaps inform you of the powder keg right under our feet. The question posed and was directly relevant to the terrorism problem we face was why churches in Nairobi and other parts of the country have armed police officer and guards with metal detectors waved at every congregant due to security concerns and yet no Mosque or muslim is subjected to such security measures. That's all, that question? That's what makes such a law acceptable to you? How about what this law will make Muslims feel now, and perhaps justly so, that they are the targets of a dark law? Is that not more dangerous than the simple question you pose? What kind of law, or administrative practice under this law, do you imagine will follow when Muslims, or any other groups that may feel like they are singled out by the elastic mandate of this law, mount a revolt against the administrative of the law? Do you really think heavy handed laws are justified by the question you say was asked? The problem with such talk is that it becomes the seed of hate that can spread across religious lines. Muslims are not very many in Kenya at 12% of the population, but their right to worship as they wish could become threatened a hugely majority community of Christians. We can see this problem manifesting itseld in Germany where immigration demonstrations have degenerated to anti-Islam demonstrations. I think there can be democratic ways of managing that risk. On the other hand, laws like the kind we are talking about are sure to send us in the direction you fret, or worse. Our media in its present form in my view is Kenya's worst enemy - even below the politician. One expect little responsibility from the politician, but when the media with all the responsibility expected of them reduce themselves to writers for hire, then you must worry who is now paying the piper..it is a friend or foe of Kenya? I would agree we have a wanting media. However the want should be attended to with ethics training and clever incentives to motivate an internal engine of growth for the preferred practice. Not heavy handed legislature. Fire will always be met with fire ... bad laws ask for bad behaviour (too softly stated).
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