KENYANS AGAINST IMPUNITY. P.O BOX 4636-00200, NAIROBI. 29th October 2009. Press Statement:

The TJRC is not an arena for competing national and global interests. We, Kenyans Against Impunity (KAI), filed a case against the TJRC as formed and composed on 7th August 2009, after noting many anomalies, flaws and inconsistencies in the TJR Act of 2008 and questionable composition of the commission. While concentrating on the law as it is, and the commission as constituted, it is possible to lose sight of conspiracies between and among the three arms of government, which in the end make the laws and appoint the commissions as we know them. Due to this fact and after serious consultations, KAI decided to amend the application in court and include the Attorney General, the Chief Justice, the Speaker of the National Assembly and the Minister for Justice, National Cohension and Constitutional Affairs. The inclusion of these public servants demanded that further affidavits be sought. This has since been done and all the affidavits filed in court. However due to our application to amend the application, the case was stood over generally (SOG), so as to give our side time to serve all the parties. Since the case was stood over generally, we have discovered that the department of the registrar at the high court has maintained two files bearing the same number, JR. 470/2009. Why would this be if it is not to cause confusion and deny us justice? On many occasions we filed documents that missed in the court file; and so our position and that of the presiding judge were at variance. Although this situation has been rectified by the efforts of our lawyers we cannot be sure about what other tricks may be played on this case. A letter will be sent to the registrar to demand an explanation about why and how this happened. We are however concerned about the apparent conspiracy by the three arms on the formation of TJRC that appears meant to serve those whose past is associated with or directly involved in the wanton abuse of human rights in our country. These four servants and heads of the government arms mentioned above can, with respect, be seen as the embodiment of impunity in Kenya. It thrives through and around them. They have used the institutions and their power to resist, fight and oppose any intentions by Kenyans to establish a respected law and a TJRC committed to deal with Kenya’s past, for the sake of our presence and peaceful coexistence of all communities in future. When we say impunity has permeated and penetrated public institutions, this is what is reflected in the High Court’s registrar’s department. On this we squarely accuse the registrar of the High Court in Nairobi. The department must be part of the conspiracy to obstruct justice. Kenyans Against Impunity appreciates the place of the TJRC process as a key turning point in the rewriting our country’s history; a moment and an opportunity that will happen once in our lifetime, for the people to address gross violations of human rights and redefine their relationships politically, socially, culturally and economically, based on values and principles of humanity. Based on this, we strongly feel that the individuals selected to the TJRC were not subjected to a rigorous vetting. Section 10 of the TJR Act of 2008 states that there shall be three non-citizens, at least one of whom shall be of opposite gender, selected by the Panel of Eminent African Personalities. While as KAI, our argument has only focused on the six commissioners selected from the Kenyan short list, we are concerned that strangers were introduced into our system through the backdoor backed by a funny and inadequate law. The three non citizen commissioners are strangers whose backgrounds no Kenyan knows. Who are they? What are their interests in the Kenyan issues and whom do they represent in the issues that Kenyans will be addressing? These are not little matters for a sovereign state like ours and we reinforce our position that we shall not recognize and appear before the TJRC as formed and constituted; as a matter of principle. We raise these concerns early enough because the TJRC process will be like exposing the country’s past and present to strangers! The TJR Act states that the three commissioners once selected were to be scrutinized by the parliament. We take exemption that the National Assembly did not do its work and nominated strangers without explaining to Kenyans who they were; the Minister for Justice, National Cohesion and Constitutional Affairs supported this, the president appointed, and the Chief Justice swore them in without stating who they were. We remind all these offices that lack of concern on their part, about who these foreigners were, is equal to absconding duty. If the trend continues, we may find Kenya ruled by a stranger of no fixed aboard. We have instructed our lawyers to write to the clerk of the National Assembly to avail the CVs and backgrounds of the three for public scrutiny. KAI further wishes to move the country to appreciate that truth of a nation cannot be uncovered by strangers, never. In fact, these strangers unless loaded with other interests, should not have taken their jobs. We advise them to resign and let Kenyans deal with their past, for justice, national healing and reconciliation without a baggage of competing interests on our soil. We invite all patriotic Kenyans to collectively join hands with us, seek justice from all fronts and reclaim our sovereignty based on principles and values of humanity. Signed by KAI Members

BY GIDEON LEPALO: SAVE_LAKE_TURKANA_NOW

SAVE LAKE TURKANA NOW Dear participants/Delegates It is our joy to have you attend this press conference concerning the (DAMMING ON THE OMO RIVER). Further north the lushness of the Horr valley gradually peters out until finally you reach the total barren shattered land beds at the southern end of Lake Turkana top of the ridge here and there up infront of you—the (JADE SEA) formerly (Lake Rudolf) and finally renamed (Lake Turkana) It is a breathtaking sight-vast and yet totally barren. This region is some of the most inhospitable terrain in the whole of Kenya. The rugged terrain rough road and great distance from Nairobi means it is perhaps the least visited in Kenya .you will see nothing except for a few brave stunted thorn trees. When you reach the lake shore you will know (it is a soda lake) and at this end highly saline. The northern end of Lake Turkana near the (Omo River) on the (Illiret)-Loiyangalani also known as (the place of long green trees) isn’t anywhere near as saline because (it is fed by Omo River) from the Ethiopian highlands (it is that where the name of the washing powder came from).At this point most people abandon whatever (vehicle or trek) they are in and plunge into the lake. If you do this watch out for (crocodiles) they are quite partial to a meal of (red meat) as a change from (Nile perch) Lake Turkana is an (Arid and Semi Arid area)currently the Ethiopian government have so far constructed ( two smaller dams ) and they are in the process of building (Gibe 3rd ) which will be the biggest dam in the whole of Africa to rival the ( Aswan high dam) in Egypt. Their aim is to tap (hydro-electric power on the Omo River) which is the only source of water getting into Lake Turkana, which apparently does not have any (outlet)Damming on the Omo River is (Environmentally un-acceptable ) this will interfere with the water levels this will create a lot of in balance within the marine and aquatic life as the well as the (fish) which is the only source of food for the Pastoral/Nomadic people, low levels of waters will result to the Pastoral/Nomadic people fighting over the less available water then Lake Turkana is loosing a lot of water through (evaporation) on a cold day the temperatures read 40 degress Celsius on a hotter day it shoots up to 50 degress Celsius and compounded with ragging (droughts) now which is affecting the whole of Africa and Kenya included, we are staring at a bleak scenario here. Lake Turkana region is flooded with (small fire arms) and with the fights anticipated this will only but escalate the whole (security situation) Damming on the (Omo River) five years from now will contribute to (Desertification, environmental degradation, inter-tribal warfare will increase and additional increase of small fire arms, the Pastoral /Nomadic people will be left (destitute) since (livestock) which is their (only source of livelihood will be wiped out. Lake Turkana has two islands, namely ( South and Central Islands) which is (a birding area) flocks of Flamingoes, Abyssinian ground hornbills Abyssinian rollers and carmine bee eaters are visible on the shore line as well as birds of prey and scavengers are never far. Lake Turkana is also strategic (to migrant birds from northern Europe and Asia, hundreds of thousand pass through the region in (March and April) and in September and October).land birds such as (wagtails and swallows) are in plenty. Flocks of long distance migrant birds such as (spotted redshank and black tailed god wit) mingle with (black winged stilts and avocets) some of which breed more locally. (Terns and flocks of whiskered and white winged black terns skim trough the air sometimes mixing with (resident Caspian terns) Some areas of the shoreline have breeding colonies (of African skimmers).these two island beside being a birding area has the (largest concentration of crocodiles and Hippos in the whole of Africa)as well as home to the (ferral Goats)which were once domesticated but ended up being wild ,several species of (snake) are found here too. Currently (loiyangalani village on lake Turkana) has an ongoing (wind power .project check website http;//www. lake turkana wind power project) which will be wind generated and by the end of the year will contribute to half of Kenya power national grind and which is environmentally safe and viable. Lake Turkana has to be saved at all cost it is a tourist attraction and a source of revenue for the country beside the wind power generation. You will appreciate that the next (wars) will be (water wars based) and the (Nile basin) is a point of reference now. Lake Trukana is special (a jewel) yet to be (discovered) this is the only place in the whole world where you have (three physical features in one place) namely; Lake Turkana, Chalbi deserts and Mt.Kulal (Gatab) forest. Mau water catchment area is crucial Nationally and Regionally. Lake Turkana does not get the attention it deserves, this forum is the reference point and the much needed (articulation) to save and conserve this jewel. with the (ignorance of the Pastoral / Nomadic people and the distance these coupled with ( Marginalization of now and yester year’s has been a hindrance to development and has resulted to this area lagging behind and is yet to catch up with the rest of Kenya and the world in general for that matter. In the early (1970s) archeologist (Dr. Richard Leakey) made a significance (fossil find) on the shores of lake Turkana .it was the discovery of (fossilized skull) which came to be known some what prosaically as (1470) (it’s Kenya museum index number) .the most almost complete but fragmented skull was thought to be from an (early hominid).it was hoped that it would back up earlier fossil discoveries made by the Leakey’s in the (olduvai George in Tanzania in the 60s which suggested that the direct ancestral line went back further than the one and half million years that most people thought at that time. The pieces of the skull were painstakingly fitted together in a demanding task in itself which kept two people fully occupied for over (six weeks).the completed jigsaw. Completed and confirmed what they had suspected; here was an evolutionary complicated hominid named (Homo habilis) which was a direct ancestors of (Homo sapiens) modern day man! It was two and half millions years old .since then the (Homo fossil) finds have been made which rush the date back even further but at the same time the (1470) was a very important person. A journey of a thousand kilometers begins with one step, this is but, the (first step to save lake Turkana). Our next step is Mobilize, Educate Sensitize all the Pastoral /Nomadic people Stake holders, Donors funding the damming, both Governments of Kenya and Ethiopia. No one lives in isolation and with globalizations and connectivity catching up with us, matters of crucial importance can be talked through (dialogue) and an (amicable) solution reached at. Saving Lake Turkana is not enough, conserving it with the participation of the Pastoral /Nomadic groups is crucial as well as educating the Pastoral/Nomadic groups on the dangers of small fire arms and hopefully with other stake holders (moping this expansive area the many illegal fire arms with the end results of restoring total peace and promoting other sustainable mode of livelihoods. Finally we are appealing to you all to give us a hearing, and a shoulder to lean on as we articulate this serious issue. We are petitioning the two governments involved to put some mechanism in place and to take the needs of their people into accounts without jeopardizing the lives and the livelihoods of others we appeal to (funders of Gibe 3rd ) to halt their funding, we request for a proper (environmental impact assessment report to be thoroughly carried out. We urgently ask for (dialogue across board) since we feel the Pastoral /Nomadic people were not fully involved and consulted due their ignorance and mutual consent arrived upon after thorough satisfaction of the affected people, parties and stake holders. We ask for your (help, support and in kind) to help us save Lake Turkana now and for posterity. Please treat as an (S.O.S) give it serious thought and imagine the (lives at stake here). Jokingly we need both (Optimist and Pessimists) they contribute to our societies. .The Optimist invents the (Aeroplane) and the Pessimist the (parachute). I will let each one of you choose which one of the above fits you. please feel free to (call ,email us ) should you have any issues and the way forward .we will require (funding ) as we plan for the next round of this project formulation and implementation. With unity of purpose, your resolve, and contributions, we will surely and slowly have this resolved for the benefit of all. Together yes we can! Lepalo Gideon – Mail; elmoloboy@hotmail.com Nairobi Peace Initiative Office Phone Numbers Tel; 4444144/440098 Cell: 0713909982 /0735559539