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Post by foresight on Nov 21, 2013 2:05:44 GMT 3
Paul Mwangi argues that Kenya future looks bleak when contrasted with other nations that once looked up to her as the yardstick of development. For example, Mwangi observes "Ethiopia is no longer in civil war and is quickly becoming a better investment opportunity for manufacturers" And that, Tanzania is the new gateway to the DRC and is receiving mammoth investment from both China and America.. Mwangi says that more we push, the more it appears that our principal interest is to continue with our renowned practice of perpetuating impunity. Ever since the post-election violence of 2007/2008, he adds "the word impunity has been used both nationally and internationally in describing what is wrong with Kenya" To emphasize his view he collaborates and quotes part of the Waki report that states “Our view is that the lackadaisical manner in which the government dealt with the Akiwumi report only goes to illustrate that the state was not particularly interested in resolving once and for all the issue of ethnic violence.” In a report presented before United Nations General Assembly in May of 2009 the UN Special Rapporteur on Extra-Judicial, Summary or Arbitrary highlighted a precedent as follows "Nothing had been done regarding the ethnic violence of 1992, 1997, and 2007" It was then recommended that the International Criminal Court should take up Kenya’s case noting that “without the special mechanism recommended by the Waki Commission, there is little prospect of accountability”. This is the background against which Kenya is conducting its diplomatic initiative to have the cases at the ICC terminated. The significance of this international reputation was clear when Cabinet Secretary Amina Mohamed was being interviewed a few weeks back by Zeinab Badawi of the British Broadcasting Corporation in the programme, HARDtalk. The interviewer accused Kenya of trying to use the African Union as a Trojan horse to pursue its international diplomatic initiative to have the three cases dropped. She said though AU’s complaint was that the court was targeting Africans, the request for dropping cases only concerned Kenyans and not other Africans before the ICC. The issue about the interviewer was not whether one agreed with her but that she was a reflection of how the world out there thinks of us. The international community is beginning to view us as a spoilt child who expects rules to be broken to accommodate its desires. The reality is that gone are the days when we were the “island of peace” in an unpredictable and violent part of the world. Over time, the world around us has changed, but we are yet to wake up and smell the coffee. Ethiopia is no longer in civil war and is quickly becoming a better investment opportunity for manufacturers both due to the low price of its electricity and the size of its population, about 90 million people. It is one of the fastest-growing economies in the world. Tanzania is no longer socialist and is now the darling of America. Apart from its own vast mineral, oil and gas deposits, Tanzania is the new gateway to the DRC and is receiving mammoth investment from both China and America. China is building what is being called a “mega port” for Tanzania at Bagamoyo, which is more than 30 times the size of Mombasa, as part of a $10 billion investment package for Tanzania. When completed, it is bound to take away all central Africa business from Mombasa port, which will be left to serve only Kenya and Uganda. To underpin the importance of Tanzania to China, the Chinese President Xi Jinping travelled to Tanzania in March this year to personally deliver the deal. President Obama has recently visited the country and launched the “Power Africa” project, a $ 7 billion project to produce 10,000 MW of electricity to sub-Saharan Africa. Kenya was not part of the deal. In the meantime, our signature project, Lapsset, to connect Lamu to South Sudan is failing to attract investors and, in fact, a new deal is being negotiated by South Sudan and its northern neighbours to take the project upwards connecting the South Sudan to the Red Sea. The new deal is said to be better for South Sudan and there is a real danger that Lapsset may never see the light of day. Sudan is itself fighting to convince the southern nation that it should continue exporting its crude through the pipeline to Port Sudan. In the meantime, we are proceeding on the basis that the world cannot do without us. We even have the effrontery to demand that the whole world ignore the international law, yet the more we push, the more it appears that our principal interest is to continue with our renowned practice of perpetuating impunity. Let us stop comparing ourselves with other countries. The painful truth is that Kenya is not Syria. In the Middle East, Syria is the only foothold for China and Russia. The rest of the countries are either fundamentalist or pro-Western. In Africa, China and Russia are spoilt for even better choices. They will only go so far to help us out. What do you say? Is Mwangi on the money? www.nation.co.ke/oped/Opinion/As-Kenya-believes-its-own-hype-the-world-looks-away-/-/440808/2078250/-/56ca2q/-/index.html
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Post by foresight on Nov 21, 2013 2:35:50 GMT 3
That (1) The international community is beginning to view us as a spoilt child who expects rules to be broken to accommodate its desires. (2) The reality is that gone are the days when we were the “island of peace” in an unpredictable and violent part of the world. And (3) Over time, the world around us has changed, but we are yet to wake up and smell the coffee.
The face and and character of Kenya as a nation is beginning to take the temperament and the character of it's president, his deputy, foreign cabinet secretary and it's UN ambassador.
The security lapses and the alshabaab menace makes Kenya a dangerous country to visit ie visit Kenya at your own risk.
The political leaders are stuck in "stone age" politics of exclusivity and tribalism... The country has taken many steps backwards...
The corruption and bottle neck bureaucracy makes it almost impossible to invest in Kenya..
The ever increasing insults to the international community reveals alot about the Kenyan people.
The decay in morality and stagnant education system makes Kenya an eye sore ...
The lack of principles is just appalling ... Look at the Judiciary...how about the turn coat unprincipled leaders unreliable and undependable..
Ruto grabs land from a poor man at the height of ethnic tensions ...nothing happens to him... how about the president himself?
I agree with the writer Paul Mwangi, indeed Kenya has lost it's appeal!
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Post by foresight on Nov 21, 2013 2:59:37 GMT 3
Kenya drops in World Bank’s investor appeal ranking Kenya has dropped eight positions in its global appeal to investors, signaling yet another hidden impact of the 4th March General Election on business. The World Bank’s Doing Business 2013 report released Tuesday 29th October 2013 shows that the country did not implement any regulatory reform in the year to June 2013, pushing it down to position 129 compared to last year’s 121. July 2012 to June 2013 was dominated by high-stake politics and associated court battles. The intense campaigns and uncertainty over the elections date clouded the first half while the second part was consumed by actual elections and a court petition. The World Bank measures a country’s ease of doing businesses in terms of regulations affecting 11 areas from starting a business, dealing with construction permits, getting electricity, registering property, and getting credit. Others are protecting investors, paying taxes, trading across borders, enforcing contracts, resolving insolvency and employing workers. sokodirectory.com/index.php?page=2&article=377And again..The most pressing challenge for Kenya is to implement its new devolved system of governance, while also strengthening its capacity to cope with domestic and external shocks. Youth unemployment, poverty and vulnerability to climate change remain the most critical development challenges facing Kenya, concerns remain in critical areas, including food security, governance and corruption. The economy’s vulnerability to international oil prices, weak exports due to underperforming manufacturing sector, lower agricultural output resulting from drought and declining forex earnings and remittances, frequently exert pressure on the exchange rate and current account. Imported inflation from high fuel and food prices affects investments. The combination of output and employment losses has a direct impact on poverty. The quality of social services, infrastructure and governance remain bottlenecks to Kenya’s ability to achieve shared prosperity. Rising public expenditure demands from the current and new devolved structures continue to exert pressure on the current account and shortfalls need to be financed by net domestic borrowing... And that means pressure and more pressure on her citizens..
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Post by merkeju on Nov 21, 2013 6:06:15 GMT 3
Kenya drops in World Bank’s investor appeal ranking Kenya has dropped eight positions in its global appeal to investors, signaling yet another hidden impact of the 4th March General Election on business. The World Bank’s Doing Business 2013 report released Tuesday 29th October 2013 shows that the country did not implement any regulatory reform in the year to June 2013, pushing it down to position 129 compared to last year’s 121. July 2012 to June 2013 was dominated by high-stake politics and associated court battles. The intense campaigns and uncertainty over the elections date clouded the first half while the second part was consumed by actual elections and a court petition. The World Bank measures a country’s ease of doing businesses in terms of regulations affecting 11 areas from starting a business, dealing with construction permits, getting electricity, registering property, and getting credit. Others are protecting investors, paying taxes, trading across borders, enforcing contracts, resolving insolvency and employing workers. sokodirectory.com/index.php?page=2&article=377And again..The most pressing challenge for Kenya is to implement its new devolved system of governance, while also strengthening its capacity to cope with domestic and external shocks. Youth unemployment, poverty and vulnerability to climate change remain the most critical development challenges facing Kenya, concerns remain in critical areas, including food security, governance and corruption. The economy’s vulnerability to international oil prices, weak exports due to underperforming manufacturing sector, lower agricultural output resulting from drought and declining forex earnings and remittances, frequently exert pressure on the exchange rate and current account. Imported inflation from high fuel and food prices affects investments. The combination of output and employment losses has a direct impact on poverty. The quality of social services, infrastructure and governance remain bottlenecks to Kenya’s ability to achieve shared prosperity. Rising public expenditure demands from the current and new devolved structures continue to exert pressure on the current account and shortfalls need to be financed by net domestic borrowing... And that means pressure and more pressure on her citizens.. As long as the tyranny of numbers is in play, the Kalenjins and the Kikuyus forming a coalition government of JUBILEE, there will be no strong opposition coming from CORD, the only opposition will be coming from within the JUBILEE government and mostly from the Kalenjin side of the government, Raila and Kalonzo will continue to make ultimatums which will easily be ignored by Uhuru and Ruto. For now Kenyans have accepted the fact that they have to live with the bullies in JUBILEE, if you want to see power at play look at Duale,Kamau Kuria speaking, full of themselves. Kenya is fast loosing its status in the world thanks to the two accused person, they spend most of their energy fighting for their survival, forgetting that they were elected to serve Kenyans, but as long as their tribes are fully behind them the Kalenjins and the Kikuyus, those who voted for them, nothing will happen. Raila famous words of Chura haizui ngombe kukunywa maji will perfectly suit what is going on now. My advise to Raila and CORD is to change strategy and focus on Rift Valley and particular the Kalenjin community,the former prime minister should spend more time in Rift Valley, allow CORD to support the leaders elected from the Kalenjin side more, because until this marriage is over, there will be no strong opposition from CORD and JUBILEE Will run the government they way they want.
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Post by nowayhaha on Nov 21, 2013 7:35:50 GMT 3
Kenya drops in World Bank’s investor appeal ranking Kenya has dropped eight positions in its global appeal to investors, signaling yet another hidden impact of the 4th March General Election on business. The World Bank’s Doing Business 2013 report released Tuesday 29th October 2013 shows that the country did not implement any regulatory reform in the year to June 2013, pushing it down to position 129 compared to last year’s 121. July 2012 to June 2013 was dominated by high-stake politics and associated court battles. The intense campaigns and uncertainty over the elections date clouded the first half while the second part was consumed by actual elections and a court petition. The World Bank measures a country’s ease of doing businesses in terms of regulations affecting 11 areas from starting a business, dealing with construction permits, getting electricity, registering property, and getting credit. Others are protecting investors, paying taxes, trading across borders, enforcing contracts, resolving insolvency and employing workers. sokodirectory.com/index.php?page=2&article=377And again..The most pressing challenge for Kenya is to implement its new devolved system of governance, while also strengthening its capacity to cope with domestic and external shocks. Youth unemployment, poverty and vulnerability to climate change remain the most critical development challenges facing Kenya, concerns remain in critical areas, including food security, governance and corruption. The economy’s vulnerability to international oil prices, weak exports due to underperforming manufacturing sector, lower agricultural output resulting from drought and declining forex earnings and remittances, frequently exert pressure on the exchange rate and current account. Imported inflation from high fuel and food prices affects investments. The combination of output and employment losses has a direct impact on poverty. The quality of social services, infrastructure and governance remain bottlenecks to Kenya’s ability to achieve shared prosperity. Rising public expenditure demands from the current and new devolved structures continue to exert pressure on the current account and shortfalls need to be financed by net domestic borrowing... And that means pressure and more pressure on her citizens.. As long as the tyranny of numbers is in play, the Kalenjins and the Kikuyus forming a coalition government of JUBILEE, there will be no strong opposition coming from CORD, the only opposition will be coming from within the JUBILEE government and mostly from the Kalenjin side of the government, Raila and Kalonzo will continue to make ultimatums which will easily be ignored by Uhuru and Ruto. For now Kenyans have accepted the fact that they have to live with the bullies in JUBILEE, if you want to see power at play look at Duale,Kamau Kuria speaking, full of themselves. Kenya is fast loosing its status in the world thanks to the two accused person, they spend most of their energy fighting for their survival, forgetting that they were elected to serve Kenyans, but as long as their tribes are fully behind them the Kalenjins and the Kikuyus, those who voted for them, nothing will happen. Raila famous words of Chura haizui ngombe kukunywa maji will perfectly suit what is going on now. My advise to Raila and CORD is to change strategy and focus on Rift Valley and particular the Kalenjin community,the former prime minister should spend more time in Rift Valley, allow CORD to support the leaders elected from the Kalenjin side more, because until this marriage is over, there will be no strong opposition from CORD and JUBILEE Will run the government they way they want. Merkeju, Remeber this post ? How wrong were you then .... am trying to understand whats all the fuss about Ruto,Rift Valley politics is very interesting same as the kalenjin as a tribe,Ruto is one of the leaders but not the main guy as lets say Raila in luo nyanza or Moi when he was the president,kalenjins where voting for him as a block,but i can assure you that kalenjins will not follow Ruto wherever he goes,Raila is more popular amongst kalenjin than Ruto,thats why Ruto has panicked when he realized that his political life might be in danger with the maize scandal,who wants to follow a corrupt leader,Ruto is trying to be relevant but in doing that he might kick himself in the rear. i am from rift valley and i know people where tire of Moi,and by him supporting kibaki,they saw Raila as the best man for the top seat.
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Post by kamalet on Nov 21, 2013 12:00:29 GMT 3
Paul Mwangi argues that Kenya future looks bleak when contrasted with other nations that once looked up to her as the yardstick of development. For example, President Obama has recently visited the country and launched the “Power Africa” project, a $ 7 billion project to produce 10,000 MW of electricity to sub-Saharan Africa. Kenya was not part of the deal. Some of these guys remind me of the Kenyatta days when the story is told of the EAC meeting and Nyerere and Kenyatta were in the urinal and Kenyatta had to hide his D!ck on the basis that if Nyerere saw it "vikubwa vyote mwataifisha" after he had seen Nyerere's small willie. Paul Mwangi must be suffering from the small willie syndrome! But he need not do it as he peddles lies! Does he actually know that Nairobi has been selected to host the regional headquarters for Power Africa project and the headquarters will be at the US Embassy in Nairobi? Kenya is one of the 6 African countries to initially benefit others being Tanzania, Ethiopia, Ghana, Nigeria and Liberia? So where does he get the information that Kenya was not part of the deal? His ignorance of LAPSSET is so amazing that for one that advised our former PM on politics, one easily understands why that man is in a political dustbin. I hope we do not get Jukwaa defaced by such ignorance in the future!
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Post by kamalet on Nov 21, 2013 12:08:17 GMT 3
Kenya drops in World Bank’s investor appeal ranking Kenya has dropped eight positions in its global appeal to investors, signaling yet another hidden impact of the 4th March General Election on business. The World Bank’s Doing Business 2013 report released Tuesday 29th October 2013 shows that the country did not implement any regulatory reform in the year to June 2013, pushing it down to position 129 compared to last year’s 121. July 2012 to June 2013 was dominated by high-stake politics and associated court battles. The intense campaigns and uncertainty over the elections date clouded the first half while the second part was consumed by actual elections and a court petition. The World Bank measures a country’s ease of doing businesses in terms of regulations affecting 11 areas from starting a business, dealing with construction permits, getting electricity, registering property, and getting credit. Others are protecting investors, paying taxes, trading across borders, enforcing contracts, resolving insolvency and employing workers. sokodirectory.com/index.php?page=2&article=377And again..The most pressing challenge for Kenya is to implement its new devolved system of governance, while also strengthening its capacity to cope with domestic and external shocks. Youth unemployment, poverty and vulnerability to climate change remain the most critical development challenges facing Kenya, concerns remain in critical areas, including food security, governance and corruption. The economy’s vulnerability to international oil prices, weak exports due to underperforming manufacturing sector, lower agricultural output resulting from drought and declining forex earnings and remittances, frequently exert pressure on the exchange rate and current account. Imported inflation from high fuel and food prices affects investments. The combination of output and employment losses has a direct impact on poverty. The quality of social services, infrastructure and governance remain bottlenecks to Kenya’s ability to achieve shared prosperity. Rising public expenditure demands from the current and new devolved structures continue to exert pressure on the current account and shortfalls need to be financed by net domestic borrowing... And that means pressure and more pressure on her citizens.. Foresight Did you have a chance to look at the dates the report refers to? The report is as at end of June 2013. That is exactly 80 days after the two people you blame were sworn in. You might want to catch up with the news of how long it takes to get cargo to Kigali from Mombasa and also that new thing they are calling a Huduma centre at GPO. Have you heard of AGPO? Look it up! .....and it would really help to quote your sources of information as your quotes are leaving information 'hanging' but I know you know why!!!
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Post by foresight on Nov 21, 2013 23:53:17 GMT 3
Kamalet Kenyas image continued to suffer when it was reported that On November 4, Kenya’s Permanent Representative to the UN, Mr Macharia Kamau, had asked that a clause allowing attendance through “communication technology” be included as part of the amendments to the Rome Statute, the proposed amendment which if accepted, would allow President Uhuru Kenyatta to attend court sessions via video link from Nairobi. However, the Kenya government is now up in arms after the British government submitted a similar proposal to allow some accussed to participate in trial through video link to ease of the burden of having to be physically present in the courtroom. Kenyan leaders say the British-sponsored amendment was meant to water down the changes being proposed by Kenya and the African Union for immunity for serving Heads of State. THE "WHO" SPONSORED AMENDMENT ? Ati British sponsored... Yet it is a Kenyan fronted amendment.. On Wednesday, Jubilee MPs led by the Leader of Majority in Parliament, Mr Aden Dualle, criticised the British government for the proposal saying it was meant to create unnecessary confusion and water down Kenya’s move to push for deferral. “We do not want video link. We want total immunity,” Mr Dualle said. Reminds me of don't be vague go to Hague .... Minutes later no... no... No...no-ooh... Let's be vague don't go to Hague. Now that's the present day Kenya for you! Looks like Kenyan leaders are trying to export their flip flopping brand of leadership to the world. www.nation.co.ke/news/politics/Kenya-on-the-spot-over-trial-via-video-link/-/1064/2083778/-/169v1m/-/index.html
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Post by foresight on Nov 22, 2013 1:00:13 GMT 3
How silly is this... Laikipia County Governor Joshua Irungu left for the United Kingdom for an official ten-day visit which he says is intended to woo investors to create jobs for the youth in Laikipia. He had recently said that his county would cut links with western countries, including the UK, that opposed the deferral of criminal cases facing President Uhuru Kenyatta and his deputy William Ruto at the ICC. He later apologised for his comments. O boy! www.nation.co.ke/counties/Laikipia-Governor-off-to-woo-UK-investors/-/1107872/2079466/-/8x9iprz/-/index.html
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Post by podp on Nov 22, 2013 1:17:04 GMT 3
Paul Mwangi argues that Kenya future looks bleak when contrasted with other nations that once looked up to her as the yardstick of development. For example, President Obama has recently visited the country and launched the “Power Africa” project, a $ 7 billion project to produce 10,000 MW of electricity to sub-Saharan Africa. Kenya was not part of the deal.Some of these guys remind me of the Kenyatta days when the story is told of the EAC meeting and Nyerere and Kenyatta were in the urinal and Kenyatta had to hide his D!ck on the basis that if Nyerere saw it "vikubwa vyote mwataifisha" after he had seen Nyerere's small willie. Paul Mwangi must be suffering from the small willie syndrome! But he need not do it as he peddles lies! Does he actually know that Nairobi has been selected to host the regional headquarters for Power Africa project and the headquarters will be at the US Embassy in Nairobi? Kenya is one of the 6 African countries to initially benefit others being Tanzania, Ethiopia, Ghana, Nigeria and Liberia? So where does he get the information that Kenya was not part of the deal? His ignorance of LAPSSET is so amazing that for one that advised our former PM on politics, one easily understands why that man is in a political dustbin.I hope we do not get Jukwaa defaced by such ignorance in the future! you are very right. just as an example the story below is for Power Africa Kenya is among the six African countries that will benefit from the initial Sh604,099,766,213 American government investment over the next five years. The Kinangop Wind Park, for example, is among the projects Power Africa is partnering on with the Kenyan government and private investors. “Kenya really is far along in terms of the enabling environment for private sector investment. Aeolus just reached financial close, that’s the largest private wind park in all of Sub-Saharan Africa and that’s a huge accomplishment for Kenya,” Herscowitz said. www.capitalfm.co.ke/business/2013/11/obamas-africa-power-project-to-sit-in-nairobi/
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Post by foresight on Nov 22, 2013 4:19:53 GMT 3
Followed by this.. Three senior officials from the British High Commission were flushed out of a hotel in Eldoret where they were scheduled to hold a day-long meeting with several civil society organisations from North Rift region. Second Secretary in Charge of Political Affairs Tom Howe, Director of Political Affairs C Sugden and another officer only identified as Nancy, were kicked out of Sirikwa Hotel in Eldoret town, the venue of the aborted meeting, after the county Deputy Governor Daniel Chemno accused them of violating diplomatic protocol. “How can you come here without having the courtesy of notifying the county government of your presence and purpose of your visit as diplomatic protocol demands. It is wrong that we are just being informed by locals,” posed Chemno. www.standardmedia.co.ke/mobile/?
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Post by kamalet on Nov 22, 2013 8:37:34 GMT 3
When did the debate move from Kenya is no longer attractive to 'let us bash kenya'?
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Post by foresight on Nov 22, 2013 18:13:05 GMT 3
Kamalet those things I am highlighting are things that in my view make Kenya less attractive....
"We even have the effrontery to demand that the whole world ignore the international law, yet the more we push, the more it appears that our principal interest is to continue with our renowned practice of perpetuating impunity" Mwangi said..
Not just in business matters, (I do not have to like you to do business with you) I am looking at the front office, our international image etc.. and I am saying it is Ugly.
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Post by jakaswanga on Nov 22, 2013 18:14:00 GMT 3
Followed by this.. Three senior officials from the British High Commission were flushed out of a hotel in Eldoret where they were scheduled to hold a day-long meeting with several civil society organisations from North Rift region. Second Secretary in Charge of Political Affairs Tom Howe, Director of Political Affairs C Sugden and another officer only identified as Nancy, were kicked out of Sirikwa Hotel in Eldoret town, the venue of the aborted meeting, after the county Deputy Governor Daniel Chemno accused them of violating diplomatic protocol. “How can you come here without having the courtesy of notifying the county government of your presence and purpose of your visit as diplomatic protocol demands. It is wrong that we are just being informed by locals,” posed Chemno. www.standardmedia.co.ke/mobile/? We have to re-visit Fanon, to understand what is happening here. The governor is a small man feeling disrespected. He is asserting sovereignty, and showing a middle-finger to an imperial country which forms part of the axis of countries dominating Kenya. --But the governor is doing it in a roguish, uncooth, primitive and insanely stupid fashion. Franz Fanon, in one of his essays on the Algerian forms of resistance, tackles an ''insane moment'' where the dominated native, looses all fear and performs a heroic act of resistance. It is short-lived, spontaneous, spectacular, news worthy. But it is thoroughly futile. It is individual heroics, disorganised, reckless, solitary and will be ruthlessly curtailed by the colonial enterprise [western imperial enterprise in the case of this Eldoret governor]. But it still remains an authentic act of heroic resistance! ----Not many men in the history of the world, can boast of having booted a British Viceroy from his dominion! This ''illiterate'' governor from Eldoret joins that select pantheon! I hope the British will not revenge by mixing intelligence in Somalia and setting up the KDF for a blood spill by Al-Shabaab. It is playing with fire to throw out and humiliate a viceroy, while your army is dependent on them in a hostile foreign land, methinks!
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Post by OtishOtish on Nov 22, 2013 18:20:31 GMT 3
Followed by this.. Three senior officials from the British High Commission were flushed out of a hotel in Eldoret where they were scheduled to hold a day-long meeting with several civil society organisations from North Rift region. Second Secretary in Charge of Political Affairs Tom Howe, Director of Political Affairs C Sugden and another officer only identified as Nancy, were kicked out of Sirikwa Hotel in Eldoret town, the venue of the aborted meeting, after the county Deputy Governor Daniel Chemno accused them of violating diplomatic protocol. “How can you come here without having the courtesy of notifying the county government of your presence and purpose of your visit as diplomatic protocol demands. It is wrong that we are just being informed by locals,” posed Chemno. www.standardmedia.co.ke/mobile/?At the same time, the same paper (caution advised) is cheerfully reporting this: "The Kenya delegation in United Kingdom to lobby against the British Government intended ban on miraa received a major boost after three Committees of Parliament backed their position."www.standardmedia.co.ke/?articleID=2000098406&story_title=uk-house-committee-supports-anti-miraa-ban-lobby-group
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Post by foresight on Nov 23, 2013 1:16:22 GMT 3
And this?.. It is now widely believed that Kenya is deliberately punishing nations that support ICC, six ambassadors -- from France, Germany, Italy, Japan, Zambia and Iraq -- have been kept waiting for several months to present their credentials. "Given the way things are done locally one diplomat says "it's hardly surprising we don't have anything more precise," appointments are often "set at the last minute". ("Given the way things are done locally".... Catching and telling phrase...) The diplomat also said the Kenyans "are not completely cut off from diplomatic reality, they know it can also be a handicap for them". "This is a diplomatic move that reflects protest at the ICC," said Alex Vines from Britain's Chatham House. "It also reflects how Kenya's foreign affairs have been focused on ICC." (Kenya's foreign policy have focused on ICC) Japan was last year the ICC's biggest contributor of funds. However, Zambia and Iraq seem to be collateral damage -- because heads of state normally accredit a group of ambassadors at the same time.. Officially Nairobi attributes its slowness to accredit the ambassadors to Kenyatta's "busy timetable", a European diplomatic source said, and foreign diplomats stationed in Nairobi have been playing down the issue. "The embassies continue to run with charges d'affaires, and no protests have been made yet," Vines said. "These diplomats will eventually be accredited and none of the governments want to exacerbate the situation by publicly complaining." However, prominent Kenyan civil society figure Mwalimu Mati was less sure, arguing the government had adopted an "uncompromising" position on the ICC. "Let's wait and see," he said, recalling that back in the 1990s Kenya broke off diplomatic relations with a major donor Norway, who was at the time highly critical of Kenya's human rights record. But he warned that Kenya's economy and investment climate could be damaged and its currency hurt. In 2011, a quarter of Kenya's exports went to Europe, while Japan is one of Kenya's biggest bilateral donors. "We rely quite heavily on exports to countries that the government is angry at," Mati said.uk.news.yahoo.com/kenya-snubs-envoys-icc-backers-tit-tat-diplomacy-025613818.html
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Post by foresight on Nov 23, 2013 1:51:17 GMT 3
More contradictions... The British High Commission has said three officials who were yesterday kicked out of an Eldoret town hotel by the Uasin Gishu government were on a routine trip TO DISCUSS PARTNERSHIP BETWEEN THE COUNTY GOVERNMENT AND UNITED KINGDOM. Uasin Gishu Deputy Governor Daniel Chemno accused them of violating diplomatic protocol. He said they county government WAS NOT INFORMED ABOUT THEIR FORUM Honestly how are things working in this Kenya nation? The contradictions after contradictions... “How can you come here without having the courtesy of notifying the county government of your presence and purpose of your visit as diplomatic protocol demands?” he said. But now BHS is saying the foreign office was well in the loop.. In a statement released today the British High Commission said it sent a “Note Verbale” to the Ministry of Foreign Affairs... 1) Informing it of the visit prior to traveling. 2) Seeking to arrange a meeting with the Uasin Gishu Governor’s office and 3) Making clear their intention to meet with members of the County Assembly. “BHC officials were on a routine visit to discuss partnerships between the county and the UK, including a sports tournament being organised by KESOFO next year aimed at promoting reconciliation between the youth that the UK is helping to fund.” The High Commission said. The High Commission further said that the UK is a proud partner of Uasin Gishu with a long history of partnership with the county, which it would wish to develop further This is just pathetic! www.the-star.co.ke/news/article-144717/foreign-affairs-was-aware-uk-officials-visit-eldoret-bhc
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Post by foresight on Nov 23, 2013 9:38:42 GMT 3
Its now being reported that Western Diplomats are increasingly getting uneasy with Kenya’s ICC obsession. From Paris, to New York, to DC, to Beijing, Diplomats are complaining about Kenya. They are bored that every time they meet a Kenyan delegation, they always have to be quizzed on where they stand on the matter of Kenyan ICC case. One diplomat hinted that it has become a nagging obsession by Kenyan delegations, whose obsession is the ICC case. Most of them, who requested anonymity, are at a loss how a nation’s foreign policy agenda could revolve around only one thing, which is the genocide case facing its president. Several diplomats posted to Nairobi recently from countries that abstained from voting at The UNSC have been denied appointments to present their credentials to Kenya’s ICC inductee President until those countries can commit to supporting Kenya’s quest for deferral. Things get even more desperate when British Diplomats were kicked out of Eldoret’s Sirikwa Hotel for not informing the Governor that they would be in the Town. And for that the URP Deputy Governor for Uasin Gishu termed the treaspassing by British diplomats a violation of Diplomatic protocol, which is ridiculous because a Governor has no business in the movements of a diplomat within his county. Uhuruto’s agenda, it seems, is to buy time so that there’s enough time for witnesses to disappear or recant their evidence. God knows how much evidence and tampering with the “scene of crime” that would happen after Uhuru’s rigged 10 yrs of power-if a much anticipated revolution doesn’t happen. Kenyans are sick and tired of these desperados in power. It is unclear under whose orders The Deputy Governor in Ruto’s Home County was acting on. On lookers say they heard him talk to someone on phone as he executed the barbaric act. So it does appear that Governors/Dep. Gov are, just like during the days of PCs are taking stupid and retarded orders from Nairobi or Hague or even Kuwait. Nobody knows coz Kenya’s top brass is part of Kenyans in Diaspora, and that will be for a long time. As diplomats get bored, some rogue nations like China, Russia, Uganda, Rwanda and Zimbabwe have discovered new ways of getting business and diplomatic concessions from Kenya. And that is to make their first liner when talking to Uhuru’s envoys a regret statement to the effect that “ we regret the case facing Uhuru Kenyatta and his Deputy at The ICC”. A diplomat confided in this writer, that when you say that “we regret the case facing Uhuru Kenyatta at The ICC” Nairobi your requests are fast-tracked.IBOK (Inside The Kenyan Borders) politicians and businessmen have discovered a new found way of assuaging the heart, mind and soul of The President and his Deputy. And that is to urge them to go fugitive, including things like I would rather the plane runs over me than allow Uhuru’s Airforce 1 to go to the Hague coming from the tongues of Atwoli and Sonko, and a horde of other busybodies. Never before has the international community encountered this level of despair and boredom in the hands of Kenya’s leadership. The Kenyan President is even offering the Oil Sheikhs in Arab nation’s access to Kenyan oil, when they haven’t even exhausted their own. All this in exchange for votes at The State Assembly to The Rome Statute. So as if Kenya was a monarchy it does appear that national state resources are being doled out to save the president from being jailed..What a gross abuse of power that he probably will never be held accountable to? Talk of impunity!!!!The most retarded was a diplomatic team from a Western nation that met a Kenyan delegation with the intention of donating medical supplies to the sick and needy Kenyan HIV Patients. Even before the discussion started, a member leading the Kenyan delegation asked, how they could help with Uhuru’s case. This Diplomat, who confided in this writer, was horrified at how inhumane a government can be, that sycophancy by govt. bureaucrats would make the agenda of HIV patients subservient to the legal woes of a genocide suspect. The diplomat wonders what would have happened, had Clinton chosen to go down with The US over the Monica Lewinsky scandal. Or even Italy’s Berlusconi using the State machinery to evade prosecution under the guise of his standing in society.Diplomats are just hoping that someday, this boredom of being posted to Nairobi will go away. www.kenya-today.com/news/western-diplomats-unease-kenyas-icc-obsession
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Post by kamalet on Nov 23, 2013 9:49:34 GMT 3
More contradictions... The British High Commission has said three officials who were yesterday kicked out of an Eldoret town hotel by the Uasin Gishu government were on a routine trip TO DISCUSS PARTNERSHIP BETWEEN THE COUNTY GOVERNMENT AND UNITED KINGDOM. Uasin Gishu Deputy Governor Daniel Chemno accused them of violating diplomatic protocol. He said they county government WAS NOT INFORMED ABOUT THEIR FORUM Honestly how are things working in this Kenya nation? The contradictions after contradictions... “How can you come here without having the courtesy of notifying the county government of your presence and purpose of your visit as diplomatic protocol demands?” he said. But now BHS is saying the foreign office was well in the loop.. In a statement released today the British High Commission said it sent a “Note Verbale” to the Ministry of Foreign Affairs... 1) Informing it of the visit prior to traveling. 2) Seeking to arrange a meeting with the Uasin Gishu Governor’s office and 3) Making clear their intention to meet with members of the County Assembly. “BHC officials were on a routine visit to discuss partnerships between the county and the UK, including a sports tournament being organised by KESOFO next year aimed at promoting reconciliation between the youth that the UK is helping to fund.” The High Commission said. The High Commission further said that the UK is a proud partner of Uasin Gishu with a long history of partnership with the county, which it would wish to develop further This is just pathetic! www.the-star.co.ke/news/article-144717/foreign-affairs-was-aware-uk-officials-visit-eldoret-bhcA bit of commonsense here...... If Cameron was to make an official visit to Kenya and all protocols followed who would meet first? The President, The Foreign Secretary or AFRICOG? Would it be protocal to meet with AFRICOG first and then the president? Further assuming what they are saying is true, if our example Cameron had not received confirmation from GOK about meeting the president, does he still fly in to meet with AFRICOG and blame state house for not responding to text messages? I am surprised you can swallow such BS.
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Post by kamalet on Nov 23, 2013 9:57:09 GMT 3
Its now being reported that Western Diplomats are increasingly getting uneasy with Kenya’s ICC obsession. From Paris, to New York, to DC, to Beijing, Diplomats are complaining about Kenya. They are bored that every time they meet a Kenyan delegation, they always have to be quizzed on where they stand on the matter of Kenyan ICC case. One diplomat hinted that it has become a nagging obsession by Kenyan delegations, whose obsession is the ICC case. Most of them, who requested anonymity, are at a loss how a nation’s foreign policy agenda could revolve around only one thing, which is the genocide case facing its president. Several diplomats posted to Nairobi recently from countries that abstained from voting at The UNSC have been denied appointments to present their credentials to Kenya’s ICC inductee President until those countries can commit to supporting Kenya’s quest for deferral. Things get even more desperate when British Diplomats were kicked out of Eldoret’s Sirikwa Hotel for not informing the Governor that they would be in the Town. And for that the URP Deputy Governor for Uasin Gishu termed the treaspassing by British diplomats a violation of Diplomatic protocol, which is ridiculous because a Governor has no business in the movements of a diplomat within his county. Uhuruto’s agenda, it seems, is to buy time so that there’s enough time for witnesses to disappear or recant their evidence. God knows how much evidence and tampering with the “scene of crime” that would happen after Uhuru’s rigged 10 yrs of power-if a much anticipated revolution doesn’t happen. Kenyans are sick and tired of these desperados in power. It is unclear under whose orders The Deputy Governor in Ruto’s Home County was acting on. On lookers say they heard him talk to someone on phone as he executed the barbaric act. So it does appear that Governors/Dep. Gov are, just like during the days of PCs are taking stupid and retarded orders from Nairobi or Hague or even Kuwait. Nobody knows coz Kenya’s top brass is part of Kenyans in Diaspora, and that will be for a long time. As diplomats get bored, some rogue nations like China, Russia, Uganda, Rwanda and Zimbabwe have discovered new ways of getting business and diplomatic concessions from Kenya. And that is to make their first liner when talking to Uhuru’s envoys a regret statement to the effect that “ we regret the case facing Uhuru Kenyatta and his Deputy at The ICC”. A diplomat confided in this writer, that when you say that “we regret the case facing Uhuru Kenyatta at The ICC” Nairobi your requests are fast-tracked.IBOK (Inside The Kenyan Borders) politicians and businessmen have discovered a new found way of assuaging the heart, mind and soul of The President and his Deputy. And that is to urge them to go fugitive, including things like I would rather the plane runs over me than allow Uhuru’s Airforce 1 to go to the Hague coming from the tongues of Atwoli and Sonko, and a horde of other busybodies. Never before has the international community encountered this level of despair and boredom in the hands of Kenya’s leadership. The Kenyan President is even offering the Oil Sheikhs in Arab nation’s access to Kenyan oil, when they haven’t even exhausted their own. All this in exchange for votes at The State Assembly to The Rome Statute. So as if Kenya was a monarchy it does appear that national state resources are being doled out to save the president from being jailed..What a gross abuse of power that he probably will never be held accountable to? Talk of impunity!!!! The most retarded was a diplomatic team from a Western nation that met a Kenyan delegation with the intention of donating medical supplies to the sick and needy Kenyan HIV Patients. Even before the discussion started, a member leading the Kenyan delegation asked, how they could help with Uhuru’s case. This Diplomat, who confided in this writer, was horrified at how inhumane a government can be, that sycophancy by govt. bureaucrats would make the agenda of HIV patients subservient to the legal woes of a genocide suspect. The diplomat wonders what would have happened, had Clinton chosen to go down with The US over the Monica Lewinsky scandal. Or even Italy’s Berlusconi using the State machinery to evade prosecution under the guise of his standing in society. Diplomats are just hoping that someday, this boredom of being posted to Nairobi will go away. www.kenya-today.com/news/western-diplomats-unease-kenyas-icc-obsessionThere are reasons one should be careful the sources of the information they want to plaster on Jukwaa to make their case. What we have above is the stuff we get out of Daily Post and such other gutter press! If you want to know why, look at this quote from what you bring us: God knows how much evidence and tampering with the “scene of crime” that would happen after Uhuru’s rigged 10 yrs of power- if a much anticipated revolution doesn’t happen. Kenyans are sick and tired of these desperados in power.Care to tell us about this "much anticipated revolution"?
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Post by foresight on Nov 23, 2013 15:42:49 GMT 3
Kamalet are you in denial? The way Kenya is going about this matters only but strengthens the case against the two leaders. The world can now see what the leaders in Kenya will sacrifice just to have their way. With this kind of impunity do you really think Mutunga had a chance. This is what Kenyans go through and are frustrated with... This type of "my way or the Highway" mentality ... the diplomats are feeling it, the world is amazed at how a leadership that is supposed to be accountable to the people can spend a countries resources on trying to change world policy so that they can avoid trial. If they can go this far... What would stop them from firing a gun at divergent views??? Tell me Kamalet what would stop them from rigging an election? The evidence that something is fishy is revealed in this type of behavior ..THAT SOURCE WHICH YOU DESCRIBED AS GUTTER HAD SOME VERY SOLID REASONING... About world head of states and how they handle personal matters without dragging a whole nation into their "shit" excuse my inference.. A country is not a leaders personal property, that is why people are talking about things like revolutions .... Can you imagine the yoke that will be on Kenyans in the next years ahead? THe world is witnessing what these leaders are capable of....and Kenya is now being seen in it's true colours.. Check this out.. The Kenyan MPs who are attending the ASP ICC meeting are now critiquing civil society organisations for their stand against amendments to the Rome Statute to shield sitting heads of states from prosecution. What type of nonsense is that? Gag NGOs, gag media, gag opposition, gag civil society, gag judiciary, gag teachers, gag doctors.... Where isvthisvcountry heading to? Ati On Friday evening after the Assembly of State Parties meeting in The Hague, the MPs said the activists should have stayed quiet during the debate.Are you serous? Why why why Why should they be quiet? People out there are looking for justice...Bwana .. Kasarani MP Mr John Njoroge Chege, Kiharu MP Mr Irungu Kangari, MP for Dadaab Mr Mohammed Abdi, and former MP for Garsen Mr Danson Mungatana were among those who briefed the media after the ASP debate. And again ..... Mr Mungatana questioned the activists’ statements against Kenya’s stand on indictment of heads of states.He said the country was supposed to express unity at a time when its head of state was facing trial by the ICC...
Can you believe that? Now everyone must agree or speak the Jubilee language of impunity? Kenya is contaminating the world with their brand of politics... and notice how the world is reacting...see how the world is reacting... 1) International criminal law analysts have, however, regarded Kenya’s proposals on amending the Statute to favour an individual as self-serving.2) The Prosecutor of the International Criminal Tribunal for the former Yugoslavia (ICTY) Mr Serge Brammerts said Kenya’s case is not any different from other cases that have been handled by international courts.
3) “It is quite hard to change the Statute to suit a specific head of state because this will cause immunity to heads of state and help spread impunity,” Mr Brammerts said.4) Former president of the Assembly of State Parties of the Rome Statute, Mr Christian Wenaweser, said Kenya’s proposal as presented at the ASP was farfetched.
5) “The process to have the Statute amended is rigorous and will not yield any results,” Mr Wenaweser said. “The Statute cannot be changed overnight because of a head of state.” Attorney General Githu Muigai on Thursday told the ASP conference that they should consider the proposals because the indictment of Kenya’s head of state would negatively affect Kenya’s growth and the constitution. 6) The ICC has, however, complained about the haste with which proposals for amendments to the Rome Statute have been introduced 7) Such proposals require three months’ notice, which has not happened in the Kenya case. Kamalet you honestly see nothing weird I suppose.. www.nation.co.ke/news/politics/Kenyan-MPs-criticise-activists-over-ICC-stand/-/1064/2085278/-/h0l639/-/index.html
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Post by podp on Nov 24, 2013 0:26:27 GMT 3
So if Africa is to really rise, our presidents should be expanding democratic space, not reducing it with ill-conceived laws that aim at controlling the media, civil society and creativity, and trying to force the world to make them immune for crimes against humanity. For that road they are on has been tested and has only brought misery, hopelessness and death to poor and innocent Africans. www.nation.co.ke/oped/Opinion/-/440808/2084644/-/6x6gqnz/-/index.html
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Post by kamalet on Nov 24, 2013 10:34:50 GMT 3
Kamalet are you in denial? The way Kenya is going about this matters only but strengthens the case against the two leaders. The world can now see what the leaders in Kenya will sacrifice just to have their way. With this kind of impunity do you really think Mutunga had a chance. This is what Kenyans go through and are frustrated with... This type of "my way or the Highway" mentality ... the diplomats are feeling it, the world is amazed at how a leadership that is supposed to be accountable to the people can spend a countries resources on trying to change world policy so that they can avoid trial. If they can go this far... What would stop them from firing a gun at divergent views??? Tell me Kamalet what would stop them from rigging an election? The evidence that something is fishy is revealed in this type of behavior ..THAT SOURCE WHICH YOU DESCRIBED AS GUTTER HAD SOME VERY SOLID REASONING... About world head of states and how they handle personal matters without dragging a whole nation into their "shit" excuse my inference.. A country is not a leaders personal property, that is why people are talking about things like revolutions .... Can you imagine the yoke that will be on Kenyans in the next years ahead? THe world is witnessing what these leaders are capable of....and Kenya is now being seen in it's true colours.. Check this out.. The Kenyan MPs who are attending the ASP ICC meeting are now critiquing civil society organisations for their stand against amendments to the Rome Statute to shield sitting heads of states from prosecution. What type of nonsense is that? Gag NGOs, gag media, gag opposition, gag civil society, gag judiciary, gag teachers, gag doctors.... Where isvthisvcountry heading to? Ati On Friday evening after the Assembly of State Parties meeting in The Hague, the MPs said the activists should have stayed quiet during the debate.Are you serous? Why why why Why should they be quiet? People out there are looking for justice...Bwana .. Kasarani MP Mr John Njoroge Chege, Kiharu MP Mr Irungu Kangari, MP for Dadaab Mr Mohammed Abdi, and former MP for Garsen Mr Danson Mungatana were among those who briefed the media after the ASP debate. And again ..... Mr Mungatana questioned the activists’ statements against Kenya’s stand on indictment of heads of states.He said the country was supposed to express unity at a time when its head of state was facing trial by the ICC...
Can you believe that? Now everyone must agree or speak the Jubilee language of impunity? Kenya is contaminating the world with their brand of politics... and notice how the world is reacting...see how the world is reacting... 1) International criminal law analysts have, however, regarded Kenya’s proposals on amending the Statute to favour an individual as self-serving.2) The Prosecutor of the International Criminal Tribunal for the former Yugoslavia (ICTY) Mr Serge Brammerts said Kenya’s case is not any different from other cases that have been handled by international courts.
3) “It is quite hard to change the Statute to suit a specific head of state because this will cause immunity to heads of state and help spread impunity,” Mr Brammerts said.4) Former president of the Assembly of State Parties of the Rome Statute, Mr Christian Wenaweser, said Kenya’s proposal as presented at the ASP was farfetched.
5) “The process to have the Statute amended is rigorous and will not yield any results,” Mr Wenaweser said. “The Statute cannot be changed overnight because of a head of state.” Attorney General Githu Muigai on Thursday told the ASP conference that they should consider the proposals because the indictment of Kenya’s head of state would negatively affect Kenya’s growth and the constitution. 6) The ICC has, however, complained about the haste with which proposals for amendments to the Rome Statute have been introduced 7) Such proposals require three months’ notice, which has not happened in the Kenya case. Kamalet you honestly see nothing weird I suppose.. www.nation.co.ke/news/politics/Kenyan-MPs-criticise-activists-over-ICC-stand/-/1064/2085278/-/h0l639/-/index.htmlForesight You just do not get. There are countries in this world where George Bush Jnr snd Tony Blair will not visit for fear of prosecution for the crimes in Iraq. I am certain you recall Blair missing a conference in South Africa for fear of arrest. In Europe there have been threats of citizen's arrest of Bush. So have you ever heard the American based Human Rights Watch make a case for the conviction of Bush or even London Based Amnesty International do anything to Blair? Patriotism or commonsense? The Kenyan civil society types are in the Hague to do the bidding for their masters rather than Kenyans people. They are doing it for those that pay their bills and you can understand when their noise when parliament decides to restrict master's funding to 15%!
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Post by podp on Nov 25, 2013 8:42:43 GMT 3
Kamalet are you in denial? Foresight You just do not get. There are countries in this world where George Bush Jnr snd Tony Blair will not visit for fear of prosecution for the crimes in Iraq. I am certain you recall Blair missing a conference in South Africa for fear of arrest. In Europe there have been threats of citizen's arrest of Bush. So have you ever heard the American based Human Rights Watch make a case for the conviction of Bush or even London Based Amnesty International do anything to Blair? Patriotism or commonsense? The Kenyan civil society types are in the Hague to do the bidding for their masters rather than Kenyans people. They are doing it for those that pay their bills and you can understand when their noise when parliament decides to restrict master's funding to 15%! nice film to watch while at this titled 'only god forgives' www.stink.tv/#/work/only-god-forgives-trailer/?cat=live-actionotherwise a visit to AI www.amnesty.org/shows it is Syria, Zimbabwe, condition of foreign workers in Qatar, Indonesian domestic workers in Singapore, and the like that dominate their activities not past deeds of Excellencies like our grand Mo1, Kibaki, Blair and Bush or the sitting ones like Uhuru, Mugabe, Zuma ... patriotism is a complex issue. The West’s contempt for Africa must end! is the best extract from speech by former South African president, Thabo Mbeki, who says the time has come for Africans, and especially African intellectuals, to demand with one voice that the West’s contempt for the African people and African thought must end! www.newafricanmagazine.com/features/culture/the-wests-contempt-for-africa-must-endfrom the red high light one would wonder who are the 'Kenyan people' referred? are they the elite led by UhuRuto or are they the victims of the 2007/08 atrocities yet to be compensated or justice meted out to their tormentors who caused their suffering. Kenyan people could be all of us and hence the healthy exchanges here or if one was to adopt George Ayitteh definition of hippos and cheetahs... edition.cnn.com/2010/OPINION/08/25/ayittey.cheetahs.hippos/then people like UhuRuto, Raila, MdVd and the like would fit the hippo definition 'This is the "Hippo Generation," intellectually astigmatic and stuck in their muddy colonialist pedagogical patch. They can see with eagle-eyed clarity the injustices perpetrated by whites against blacks, but they are hopelessly blind to the more heinous injustices they perpetrate against their own black people.' and most of the Kenyan people, the cheetah one.' They are dynamic, intellectually agile, and pragmatic. They may be the "restless generation" but they are Africa's new hope. They brook no nonsense about corruption, inefficiency, ineptitude, incompetence, or buffoonery. They understand and stress transparency, accountability, human rights, and good governance. They also know that many of their current leaders are hopelessly corrupt and that their governments are contumaciously dysfunctional and commit flagitious human rights violations.' So who would yelp at NGOs doing what they are now doing in the Hague?
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Post by foresight on Nov 26, 2013 1:23:01 GMT 3
"The Kenyan civil society types are in the Hague to do the bidding for their masters rather than Kenyans people" Kamalet... the above statement from you is not accurate. A perception is being created that Kenyans want to see their leaders exempted from trial. That is not the reality on the ground. Check that opinion poll posted by Admin Onyango Oloo. The civil society therefore represents the voice of so many Kenyans by the way.. here are some perceptions and myths the civil society are trying to debunk/correct on my[our]behalf. Perception: The United Nations (UN) Security Council should act under article 16 of the International Criminal Court (ICC) treaty to defer the Kenya cases for 12 months.Reality: Article 16 was not intended for use in other than exceptional circumstances, and the Security Council has never deferred an ICC investigation or prosecution. There are no facts on the table to suggest the exceptional circumstances that would justify use of article 16 in the Kenya cases.
Kenya’s impunity crisis is a source of instability, and the ICC represents the only available avenue for justice. Deferral under these circumstances would set a damaging precedent for other ICC cases. Perception: The ICC process isn’t needed because the Kenyan judicial system can deliver justice for the 2007-2008 post-election violence.Reality: In the more than five years since the post-election violence, Kenya’s authorities have failed to deliver justice in the vast majority of cases stemming from the period. Human Rights Watch has been able to confirm only a handful of convictions for serious crimes committed during the violence.Perception: Kenya has cooperated in the cases before the ICC, including the voluntary appearance by the defendants in court proceedings. The ICC should take steps, therefore, to accommodate the need for President Kenyatta and Deputy President Ruto, two of the three defendants, to carry out their responsibilities.Reality: ICC prosecutor has indicated that Kenya has stalled or failed to assist the ICC with collecting evidence, including access to government records, although the prosecutor has not sought a formal finding of non-cooperation against Kenya. In addition to assistance in investigations, however, the ICC depends on the public support of its member countries and other interested parties to create a climate conducive to its work. Efforts by Kenyan government officials to lobby other governments to support referral elsewhere or termination of the ICC’s cases have the opposite effect.Perception: Subjecting democratically elected leaders to prosecution defies the will of the Kenyan people.Reality: Kenyatta and Ruto campaigned for elected office on pledges to continue their cooperation with the ICC. Article 143(4) of the Kenyan constitution, adopted in 2010, specifically prohibits the president’s immunity from criminal prosecution for “crime for which the President may be prosecuted under any treaty to which Kenya is party and which prohibits such immunity.Perception: Kenyans elected Kenyatta and Ruto and this means they just want to “move on.” Kenyans no longer support the ICC.Reality: Although Kenyatta and Ruto campaigned on pledges to continue their cooperation with the ICC, their campaign rhetoric also painted the ICC as a tool of Western imperialism. Since taking office the Kenyatta government has actively courted the support of other African leaders to undermine the ICC Perception: There was no violence around the 2013 elections. This shows justice isn’t important to peace in Kenya. Reality: While the 2013 elections were not marked by the scale of violence witnessed in 2007-2008, they were preceded by inter-communal clashes in parts of Kenya, which, as of February 2013, had claimed more than 477 lives and displaced another 118,000 people.Perception: The ICC is targeting certain communities in Kenya and favoring others because it summoned suspects from just two tribes. The cases are damaging to national reconciliation.Reality: Ruto, Kenyatta and Joshua arap Sang, the third ICC defendant in the Kenya cases, are charged as individuals, and, in the case of Ruto and Kenyatta, not in their capacity as government officials. The cases before the ICC will determine only their individual criminal responsibility. One of the benefits of a criminal justice process is that it determines individual responsibility for specific crimes. This can help to break away from assigning blame to the totality of an ethnic or political group. First published October 9, 2013www.hrw.org/news/2013/11/14/perceptions-and-realities-kenya-and-international-criminal-court
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