Patrick Kamotho - A Human and Environmental Campaigner Rights Advocate.
Community Advocacy on Environmental and Social Justice
Friday, 1 February 2013
History Behind the Story: Kenya Kwanza.
Good People,fellow Kenyans.
It must be a deal or no deal.
We are all not perfect. Time and again we have come short of the Glory of God.When we identify our mistakes, we correct them and try to make them better so we are able to leave in harmony with the rest sharing and caring for one another.It is the promise from God.
We as a people, are better off when there is peace and unity.Peace and unity cannot thrive where some people already planned to short-change others by selling off their birth right to deny others survival and livelihood.You cannot trust someone who plan to kill you and destroy your life by making you their slave.A slave have no freedom nor can they claim human rights of any kind……but God created you to share and enjoy natural benefits of His Blessings God perfected from creation.It is the reason why God told King Pharaoh of Egypt to “Let My People Go” and God saved His people from the oppression and snares of the evil one where we were Redeemed from works and plans of the Evil by paying a price for our life.Should we give a smaller evil a chance once again to destroy us when God has good plan for us in the Reform Change.Do you think the Reform Change came by surprise; no, God is in this plan.We shall not give any small devil an opportunity to destroy us.We shall use the power of the people God gave us presently to defeat the evil.
Good people, God has good plans for us, plan that will save the environment from the evil ones pollution, will save nature and human beings livelihood and survival if only we shall engage in doing good and involve in the right perspective to make things better.We can only do this if we refuse the evil and the corrupt who have pushed our lives into careless killings, pain and sufferings.A leader worth his salt should be responsible with integrity.This is the measure we must evaluate on all prospective candidates vying for public office irrespectively and without discrimination or favor.
The voice from wilderness is sending you good news to engage people power to change your lifestyle and improve your destiny.The whole world is on our side and we shall not go wrong.Charge the evil ones and the corrupt in the Supreme Court of Law and penalize them from not honoring Peoples Public Mandate and refusing to be in compliance according to agreement in the Oath of Office they swore to uphold. Men and Women of wisdom are already speaking out and are sounding an alarm, they already made good moves and some had gone to court and their cases thrown out…….we must make a consolidated force of unity and stick together to demand justice, heed our advice and take a stand; let us move to Supreme Court united with additional claims revised.It must be a deal or no deal………We must not fall in a trap to give in to no lesser evil.They must all be tried for the evil they committed in engaging in Land Grabbing we must own our land and survive making deals that are with dignity, those that protects and preserve live…..e.g.
Kenya's Independent Electoral and Boundaries Commission (IEBC) shoulders the most crucial challenge of guaranteeing and and conducting a legitimate transparency and accountability electioneering process based on Reform Change Constitutionality with consideration threshold of Responsibility with integrity conducted under a reliable, secure, safe, and efficient elections which are free from flaws or any kind of fraud. Today IEBC is failing Kenyans and remedy is “People Power” to go lodge official legal complain to the Supreme Court and take Chief Justice to task upon his word of Integrity.Reasons are in addition as follows:
1) Judge gives KRA nod to demand MPs’ unpaid taxes, these are conditions candidates seeking public office must show responsibilities with integrity before they can qualify…….
Quote: “High Court judge Weldon Korir held that the MPs were not exempted from paying taxes on their income since Article 210 of the Constitution provides that the burden of taxation shall be shared fairly.
He said that the National Assembly Remuneration Act, which exempted MPs from paying taxes was enacted before the promulgation of the new Constitution and that it must be brought into conformity with the Law.
“The country is coming from a background of greed and financial misappropriation. Public money has in the past not always been applied in its intended purpose of the development of a country and it is for this reason that principles of public finance were included in the Constitution,” said judge Korir.
He noted that it would be absurd for the lawmakers to claim they expected to continue to be exempted from payment of taxes on their allowances since they were aware that under the new dispensation, MPs would be expected to shoulder their portion of the tax burden.
“The Constitution is the supreme law of this country. It is the will of the people, the mandate they give to direct the manner in which they ought to be governed.”
The judge also said all persons working in the country were subject to payment of taxes, a duty he said could not be contracted out, by an agreement between any arms of the government.
He said the Executive and Legislature exercised delegated public power and were therefore constrained by the Constitution and could not exercise any power or perform any functions that were beyond those conferred by law.
“The Executive cannot donate an illegal benefit and if it does, it is an act done in violation of the Constitution, notwithstanding the consequences of the contravention. Equally, parliamentarians are not entitled to accept an unlawful advancement of monies belonging to the citizens of this country,” said judge Korir.
The State, according to him, had only one choice when it came to implementation and application of taxation to public officers which he noted was, to obey the Constitution by enforcing and applying the clear provisions of the Constitution.
He said that if any of its agents made the mistake of failing to honor the said constitutional obligation, the party must immediately make amends rectifying the error by remitting any taxes that have not been paid.
Some 18 human rights group members among them retired Presbyterian Church of East Africa minister Timothy Njoya had filed a constitutional reference last year seeking a declaration that all State officers including MPs were under obligation to pay taxes.
They were also seeking to reverse a State directive to all permanent secretaries to refund all taxes deducted from ministers and their assistants”.
2) The suspicion Kenyans exhibited against the police force following the 2008 violence still exists. The need to act firmly and uphold the law is key if wananchi are to work with the National Police Service. The National Police Service need to ensure that all persons recruited and deployed at polling and tallying centers are conversant with the law.Political parties need to ensure that all persons to whom they issue Party Certificates are sensitized on relevant laws especially sections of the NCI Act 2008 regarding hate speech and other laws relating to keeping peace and non-incitement to violence that; Elections are important in any democratic society but the continuity of the nation is bigger than each and all. Thus the general populace needs to respect the law and remember at all times to put KENYA KWANZA!.....says, Mzalendo N. Kibunjia, PhD., EBS COMMISSION CHAIRMAN on Sunday, January 27, 2013
Show-case: Over 200 heavily armed bandits made away with hundreds of sheep and goats on the eve of Christmas
In Samburu, Kenya: Barely a month after bandits killed 42 police officers in Samburu, more than 200 heavily armed cattle rustlers have invaded and attacked Waso Ronkai village and fled with hundreds of sheep and goats.
The incident in Samburu North occurred at 11pm when the residents were preparing to usher in Christmas Day.
Three families were attacked in the incident.
The more than 700 police officers currently stationed in Samburu North did not stop the raid despite receiving a report as the raiders fled with the livestock.
“The residents of Samburu North have strongly complained to the Government over persistent attacks and raids by bandits at Masikita and Kawap in Samburu North and the stealing of camels, cattle, sheep and goats from the area,” said Lenkai Parsulai, a resident.
Fourty two guns were stolen from the police officers killed in Suguta valley in Baragoi and it is suspected they are now being used in the increased roadside robberies targeting those travelling for the Christmas holidays from Baragoi to Maralal.
Tension increased last week after bandits from Baragoi attacked Allamano village and police also recovered a mobile phone belonging to one of the police officers killed in Suguta valley in Maralal town.
3) The Constitution of Kenya, 2010 and Sessional Paper No.3 of 2009 on the National Land Policy (NLP) provide for a new classification of land to be known as “Community Land”.
Under the Constitution, Community lands are to vest in and be held by communities that are identified on the basis of ethnicity, culture or similar community of interest. The Constitution further directs Parliament to enact legislation to give effect to the creation of community land.
On the other hand, evictions have, for decades, taken place in Kenya, especially in informal settlements in contravention of international human rights standards. Mass evictions have usually involved Government Projects or private developers claiming ownership of land on which some of the settlements stand. Sessional Paper No.3 of 2009 on the National Land Policy requires the Government to establish an appropriate framework for evictions, based on internationally acceptable guidelines.We have tangible list of Land Grabbers who must face the law before they are engaged in Public Office, threshold of the same in Responsibility and integrity must take prominence and we cannot be hoodwinked with fake commissions to cover their evils……
4) Jacob Omolo wrote his Labour Market and Policy Interventions paper in 1978, the unemployment rate in Kenya then stood at 6.7 per cent. Twenty years later in 1998, the figure had risen to 25.1 per cent.
James Kariuki, a sociology lecturer at the University of Nairobi, says unemployment is viewed as a sign of failure by our, society and the society rejects those that cannot meet the expectations put on them.
Youth unemployment is “a time bomb that calls for urgent action” Prime Minister’s Office flawed in Youth Project Funds, we demand Responsibility with Integrity over Youth Project Fund and that Raila to face threshold of the same in the Supreme Court of Law before he can vie for any other public office including any other claims pending of integrity with vision 2030 as well as Sykamau evictions including other case-scenarios must not pass threshold of Supreme Court justice. Unemployment disrupts life and leaves it’s victims basking in disgrace. After a long period of unemployment with being driven into displacements are reasons for mental frustrations and illness makes individuals of circumstances to succumbs into deterioration of sociological and psychological conditions that causes victims to loose dignity and pride to livelihood and survival and eventually makes them vulnerable to criminal and other unacceptable lifestyle.These are victims of forced conditional circumstances by the corrupt that must face threshold of integrity before any of such corrupt characters are accepted back into public office.
The consolidated petition will now be heard on February 6, and only for one day.
However lawyers indicated the likelihood of taking the matter to the Supreme Court if and after Uhuru and Ruto are cleared by the IEBC.
The Supreme Court ruled recently that it would be the forum to deal with any disputes arising from the nomination of presidential candidates by the IEBC except those by the political parties.
On or before 29th January 2013, Lawyer Lucy Akaka said Mr Weda intended to withdraw from the case due to conflict of interest.
Ms Akaka was instructed to inform their clients of the intention to withdraw and to have them present in persons in court on the hearing day.
5) IEBC is wrong to shelve vetting and illicitly and unconstitutionally delivered Certificates to candidates.The group (ICPC) warns…….The International Centre for Policy and Conflict (ICPC) has now written to the electoral commission to protest against plans to shelve vetting of candidates.
ICPC in its letter dated January 11 to the Independent Electoral and Boundaries Commission (IEBC) wants to ensure full compliance with leadership and integrity conditions set in the Constitution.
ICPC Executive Director Ndung’u Wainaina said the Constitution gives the commission the sole mandate on all matters touching on conduct, control and supervision of elections.
“Therefore, determining the suitability, ethics and integrity of public office seekers falls squarely on the shoulders of the commission,” Ndung’u said.
In September 2012, ICPC had petitioned the court to compel IEBC to make candidates’ history and criminal records (if any) accessible to the public for informed decision-making.
“Your office opposed our intention by arguing that our petition was speculative, as you have not failed to develop a detailed code of conduct that is Chapter Six compliant,” Ndung’u’s letter to IEBC boss Isaack Hassan reads in part.
The High Court, in the Mumo Matemu case, was quite unequivocal that any person who has pending integrity issues is not fit to hold public office and according to the civil society group, IEBC should read from it in setting the mechanisms to vet aspirants.
“To our mind, therefore, a person is said to lack integrity when there are serious unresolved questions about his honesty, financial probity, scrupulousness, fairness, and reputation, soundness of his moral judgment or his commitment to the national values enumerated in the Constitution.”
The letter added: “In our view, for purposes of the integrity test in our Constitution, there is no requirement that the behaviour, attribute or conduct in question has to rise to the threshold of criminality. It therefore follows that the fact that a person has not been convicted of a criminal offence is not dispositive of the inquiry whether they lack integrity or not.”
The ICPC boss argued that the same standards of integrity were reiterated by the judicial tribunal that investigated the conduct of the former deputy Chief Justice, who was removed from office for misconduct.
“This decision of the tribunal conclusively shows that the standard of proof in ethics and integrity for public office holders is neither that of the criminal law, that is beyond reasonable doubt nor that in civil cases, which is on a balance of probability,” he said.
6) In September, the petitioners through their lawyer Ambrose Weda amended the case to include the names of Raila, Mudavadi, and Kalonzo. They raised questions about their suitability for public office over varying allegations ranging from abuse of office, nepotism and corruption, among others claims.
The amendment was rejected by the High Court prompting the petitioners to withdraw the case late last year.
The Public Corruption, Ethics and Governance Watch lobby group and activist Charles Mwangi sought to bar Mr Odinga, Mr Musyoka and Mr Mudavadi from seeking public office on claims that their candidature contravened Chapter Six of the Constitution on leadership and integrity.According to the groups, a leader is contemplated to be someone who carries dignity, legitimacy and has the people’s trust and confidence and that electing any person committed to trial would bring dishonour to the office and seriously affect the person’s ability to discharge his duties.Unfortunately IEBC have issued Mr. Odinga, Musyoka and Mudavadi certificate to contest and this must be contested at the Supreme Courts.It is why Raila, Kalonzo, Mudavadi is not yet out of integrity suit.
IEBC concerns raised:
IEBC accused of overlooking misconduct….
•They say IEBC has been helping in defilement of the Constitution by failing to stamp their authority and bring sanity in the electoral process
•Led by lawyer Harun Ndubi (right), they said commission has continued to disregard parametres and principles set out in the Constitution
•They have also ignored several reports regarding the conduct of some political aspirants
KThe Independent Electoral and Boundaries Commission (IEBC) has been advised to bar candidates with questionable integrity and character from contesting in the General Election.
A section of the civil society members under the banner of Kenya for Peace with Truth and Justice said IEBC has been helping in defilement of the Constitution by failing to stamp their authority and bring sanity in the electoral process.
Led by lawyer Harun Ndubi, the group accused the IEBC of condoning electoral malpractices, which they are supposed to enforce.
“The Elections and the Electoral Offences Act clearly states their mandate and how they are supposed to conduct the elections. Extending the deadline for submission of the party list is by itself rigging, which is an offence under the Act,” said Ndubi……and is therefore unconstitutional.
The group said IEBC has continued to disregard parametres and principles set out in the Constitution and other relevant legislation through practices such as party hopping and accused them of ignoring several reports, which had been presented to it for review concerning the conduct of some political aspirants.
Speaking during a Press briefing at a Nairobi hotel yesterday, the group lashed out at the electoral body and the Registrar of Political Parties for failing to rein in errant political parties. They took issue with the parties for conducting their nominations using the IEBC voter registrations book instead of the political party’s registrar, citing that the move was against the Political Parties Act.
Case of Flawed nominations:
Ndubi also said it is the IEBC that should stop candidates with leadership and integrity issues from contesting the various political seats.
He said the Commission of Administrative Justice had given a damning report of some 24 candidates including TNA’s Mike Mbuvi vying for senatorial position in Nairobi County and also former Embakasi MP Ferdinand Waititu who got the nod to contest the Nairobi gubernatorial seat, to be stopped from contesting.
The group also wants the parties that conducted flawed nominations to be punished by Law for allowing their supporters to cause violence.
The Political Parties Act states: A political party shall not engage in or encourage violence by its members or supporters.
“The institution charged with the regulation of political affairs has displayed a disturbing reluctance to enforce their respective mandate. IEBC has repeatedly shifted timelines for the submission of nomination lists,” said Ndubi.
They threatened to use all the means including filing petitions at the High Court to stop such candidates from contesting…..This must now be filed to Supreme Court of Justice under Peoples Power Claims…….
7)Planning expert Patrick Adhola said a governor of a city like Nairobi is like a president in waiting and needs to understand urban economy.Candidates integrity that have been issued with certificates are still questionable, how can people elect candidates of questionable circumstances……do we trust these candidates with national economywhose understanding to gubernatorial position is unknown, but is expected to understand the Urban Area and Cities Act as clear as crystal, and provide manifesto details of plan of action showing public “How To” he/she expects to engage in County Development proving they know and understand how urban finance works ???........“The candidates should give reasons why we should trust them with our future,” Mr Adhola said.
The director for Centre for Urban Planning and Innovations in University of Nairobi Prof Peter Ngao said research on urban poor in Kenya indicated that urban poor spaces have highly educated people but live in worst human conditions.
Prof Ngao said gubernatorial candidates should tell Kenyans there agenda for informal settlements.He regretted that there is growing polarization with ethnic clashes being witnessed in some slums, a thing that would spoil the cities development.
Prof Omenya called for planned housing for urban poor saying highly unequal societies were also the most insecure.
Together we are strong, divided we loose…….Spread the word so together we shall gain the Reform Change we have been struggling for and achieve peace united in love sharing and caring for one another………It is the promise from God……..