WE MUST STOP THIS THEFT...WRITTEN BY OKIYA OKOITI OMTATAH

A summary of issues raised in Petition No. 769 of 2008 asking the Nairobi High Court to scrap the Parliamentary Service Commission and recover public resources it has squandered on MPs. |Executive Summary | Overview | The Unconstitutional Powers of the PSC | Prayers to Stop Looting by MPs | | Other Discriminatory Practices | General Questions About Our MPs? | Kenya is a Republic | An Appeal to Patriotic Kenyans | 1.0 EXECUTIVE SUMMARY The Constitution of Kenya is the supreme Law of the Republic. It prevails over and voids any law that is inconsistent with it, to the extent of the inconsistency. This basic constitutional principle was quietly ousted in 1999 with the coming into force of the Constitution of Kenya (Amendment) Act that created the Parliamentary Service Commission (PSC). Members of Parliament (MPs) designed the 1999 Amendment Act to disable many important constitutional provisions that created an institutional framework of democratic controls, checks and balances anchored on the principle of separation of powers between the Executive, Parliament and the Judiciary. The law states categorically that it is superior to the Constitution, and where there is inconsistency between the two, it prevails. Hence, in its effect, the 1999 amendment overthrows the Constitution and elevates the PSC to another arm of government, or worse still, to a parallel government. Thus the PSC operates outside all counterbalancing constitutional controls. Under the guise of catering for the welfare of parliamentarians, the PSC has used its vast powers to pay parliamentarians unreasonable salaries and allowances, which it charges directly to the Consolidated Fund, unchallenged. Other than being a big drain on the Exchequer, the huge sums of money paid to MPs have bastardised politics to a point where Parliament is no longer the place where representatives serve the interests of society but a place to accumulate illicit wealth. It is for this reason that the contest for political power has become expensive, vicious and violent. Parliament is also increasingly becoming host to individuals with criminal records! In light of the above, a group of Kenyans have petitioned the High Court in Nairobi, seeking orders to have the PSC declared unconstitutional along with the law that created it. Further, they want the High Court to recover all the money and other resources the PSC has squandered on Parliamentarians since 2003. This case challenges the culture of impunity that is destroying Kenya. It is therefore important that as many citizens as possible enjoin in the case as petitioners, and also contribute resources, including their time and skills, to explain to Kenyans countrywide the illegalities perpetrated against them. This undertaking will prepare and strengthen Kenyans collectively to demand an end to impunity and enforce new leadership values. 2.0 OVERVIEW On Wednesday, December 10, 2008, seventeen (17) Kenyans filed High Court Petition No. 769 of 2008, at the Nairobi Law Courts, requesting that the Parliamentary Service Commission (PSC) be scrapped for violating the Constitution of the Republic of Kenya, and for flouting the republican ethics that prohibit public officials from using their offices for unjust enrichment and other forms of personal gain. 2.1 Background The hefty salaries and allowances paid to MPs through the PSC since 2003, and their refusal to pay taxes on the allowances, are merely the tiny ears of a submerged hippopotamus. The real monster is that Parliament, which is the official watchdog of our resources, has become the place for organised looting of those resources! Through the Constitution of Kenya (Amendment) Act No. 3 of 1999 that created the PSC, MPs disabled Section 48 of the Constitution which requires the President to assent to any Bill that increases taxation or charges expenditure on the Consolidated Fund (into which all revenues raised and received by the Government are paid before they are allocated in the budget). This self-serving law now allows MPs to charge their expenses directly to the Consolidated Fund without resort to any other authority. Charging the budget of the Parliamentary Service directly to the Consolidated Fund has completely undermined Parliament’s watchdog role. To make it worse, the PSC does not even table its budget estimates for debate in the House, where a conscientious MP may raise objections in the public interest. The PSC simply informs the Minister for Finance about its budget for the incoming year and the charge on the Consolidated Fund becomes a mere formality. Further, by disabling Section 48, not only are MPs free to dip their hands, unchallenged, into the public till for self-gain, they also have the power to tax Kenyans without recourse to any other authority. The only checks and balances that our legislators now have are their level of greed and their bank balances. Only these determine whether they loot more! The MPs also disabled Section 107(1) of the Constitution to give themselves, through the PSC, the power to hire and fire public servants without recourse to the Public Service Commission. MPs have thus influenced employment of their friends (including girlfriends and boyfriends), relatives, campaign managers and hangers-on, in the well-paying Parliamentary Service without regard to qualifications! 2.2 The History of the problem On November 4, 1998, the then MP for Alego/Usonga, Hon. Peter Oloo Aringo, moved a motion that: “In order to promote and consolidate the dignity, independence and supremacy of Parliament, this House urges the Government to take immediate steps, including the introduction of any necessary constitutional amendments, to establish a Parliamentary Service Commission which shall be directly responsible to the National Assembly.” The basis for this motion, and subsequent constitutional amendment, was that there was need to strengthen and empower Parliament to have the independence necessary to undertake its functions free from control and manipulation by the Executive. Hence, the Constitution of Kenya (Amendment) Act No. 3 of 1999, which amended Section 45 of the Constitution, became law upon presidential assent on November 17 and became operational on November 19, 1999. It established the Parliamentary Service and the PSC – distinct from the Public Service Commission and the Judicial Service Commission. 3.0 THE UNCONSTITUTIONAL POWERS OF THE PSC The principle of separation of powers is entrenched in the Constitution of the Republic of Kenya. This principle dictates that the three arms of Government – the Executive, the Legislature and the Judiciary – do not interfere with each other, save to the extent that they act as institutional controls, checks and balances on each other. It is a total violation of the principle of separation of powers for MPs to take on the powers of the Executive to determine their salaries and allowances. Judges do not set their salaries and allowances. The President’s salary and allowances are set by Parliament, not the Executive. For proper checks and balances, the Executive must set the salaries and allowances of MPs as it used to do. MPs designed the PSC to subordinate the other three arms of Government and thus operate outside the institutional framework of controls, checks and balances provided for in the Constitution. The PSC operates as an employer, a trade union and an industrial court all in one. This has left Kenyans with no way of restraining MPs from adjusting their emoluments whenever they desire to do so. Remember also that Kenyans cannot recall non-performing MPs. By operating outside the constitutional framework of controls, checks and balances, the PSC has in effect become the “Other Government” of Kenya since it can increase the tax burden on citizens, charge the Consolidated Fund at will, and even borrow from and lend money to third parties. Citizens understand now how these powers have been abused and misused. The petitioners are seeking High Court orders declaring the PSC unconstitutional for having been established and for operating in contravention of the Constitution of Kenya, and for abridging the principle of separation of powers that promotes good governance. 4.0 PRAYERS TO STOP LOOTING BY MPS Since 2000, MPs have used the PSC to arbitrarily increase their salaries and allowances. They have also altered how they qualify for some allowances. For example, they changed their transport allowance from being mileage-based to a flat rate. This means that the MP for Starehe Constituency, which hosts Parliament buildings, earns the same transport allowance as the MP for Mandera Central Constituency, some 1000kms from the City! 4.1 Kshs 5,000 Sitting Allowance Members of Parliament are paid a sitting allowance of Kshs. 5,000 purportedly as an incentive to attend Parliamentary sessions. The National Assembly sits four times in a week (once on Tuesdays and Thursdays and twice on Wednesdays). Each MP therefore earns Kshs. 20,000 per week, translating to Kshs. 80,000 per month, for doing what s/he is already paid a salary to do. Further, MPs earn hefty allowances every time they participate in sessions of Standing or ad-hoc Committees; every time they travel on national business; and whenever they work over-time, or when Parliament is not in session. Since the mandate of MPs requires them to transact their business in the House, this payment is both immoral and illegal. The petitioners are seeking High Court orders to stop this anomaly, and further give order to recover all the moneys paid as sitting allowances to all MPs since 2003. 4.2 Kshs. 1.5 million “Winding-Up” Allowance The PSC approved and paid Kshs. 1.5 million “Winding-Up” Allowance to each MP in the 9th Parliament, calculated at the rate of Kshs. 300,000 per year for the 5-year term served. This is illegal since the contract term of the MPs was expiring not being terminated. Furthermore, about 35% of the MPs were elected back into the 10th Parliament from the 9th Parliament. Does it mean re-elected MPs will keep being paid to “wind-up” every time their terms end? Are MPs being bribed here, too, so that they go home after losing an election? The petitioners are asking the High Court to stop this allowance, and to order recovery of all the moneys paid out as winding-up allowances to all members of the 9th Parliament. 4.3 Kshs. 3.3 Million Duty-free Vehicles At the beginning of each five-year Parliamentary term, the PSC gives a Kshs. 3.3 million motor vehicle purchase grant to each MP, as well as the Speaker, Deputy Speaker, Vice-President, Ministers and Assistant Ministers. The PSC also gives each MP a car maintenance allowance of Kshs. 900,000 per year. For all intents and purposes, these vehicles belong to MPs. In deed, they possess private number plates, and are not surrendered back to the public/Government at the end of the parliamentary term. In any case, why would a top range vehicle costing Kshs. 3.3 million require such a hefty maintenance allowance even when it is brand new? And why would that amount remain uniform over the five years? To make matters worse, there is evidence that not all MPs use the money to purchase vehicles. Some MPs use the money for other purposes, but still claim the Kshs. 900,000 maintenance allowance. This is fraud, a crime in Kenyan law! Other than the maintenance allowance being illegal and immoral, items purchased using public money for official purposes must remain the property of the public. The petitioners are asking the High Court to order that the motor vehicles be identified as public/Government property by being fitted with GK number plates as is required by law. It should order that MPs surrender the vehicles at the end of each parliamentary term since they are public property. MPs from the 9th Parliament must surrender the vehicles purchased for them immediately. 4.4 Self-Exemption of MPs from the payment of income tax It is a fundamental duty of every citizen to pay tax. Payment of tax is based on one’s ability not status. The self-exemption of MPs from payment of tax on the Kshs.600,000 allowance they receive every month, and which is irregularly conferred under the National Assembly Remuneration Act (cap 5), is illegal. By exempting themselves from paying taxes on their allowances, MPs have abused Parliament’s legislative power and made rules that are discriminative. By conferring upon themselves benefits and advantages not available to other Kenyans, including public servants, MPs have breached the principles upon which taxation is based. Parliament has no constitutional powers to confer upon its members privileges and advantages that are not enjoyable by their electors and the general citizenry. If each MP in the 10th Parliament paid tax on both their salaries and allowances as other Kenyans do, the Government would raise more than Kshs. 3 billion which is more than what we require to resettle post-election violence Internally Displaced Persons (IDPs). Remember, the IDPs are still suffering one year after the post-election violence. The same money could also help in subsidising the price of maize flour (unga) for thousands of starving Kenyans around the country. The money could also subsidise agricultural inputs and thus aid in assuring food security, or better still, subsidise secondary school education. The petitioners are asking the High Court to declare that the law exempting MPs from taxation is unconstitutional, and to order MPs to pay all their taxes in full. 4.5 Stopping another PSC Tribunal Being Formed When Kenyans recently demonstrated against the taxation fraud by MPs, the Speaker of the National Assembly announced that another Tribunal would be appointed by the PSC to review the remuneration of MPs and deal with the issue of taxation. This is a self-serving action by beneficiaries of fraud. MPs should not be allowed to set conditions upon which they are taxed. Second, an entity put in place by self-interested parties cannot be expected to be independent and fair. For the reasons above, the petitioners want the court to stop the formation of such a Tribunal since it will simply be manipulated to justify the desires of MPs and the PSC. Further, because of the same argument, the report of the likewise appointed Cockar Commission that was used to astronomically raise MPs’ salaries should be nullified along with all the allowances the PSC made based on its recommendations since it was not an independent commission. As a matter of fact, most of the issues being petitioned were not contained in the recommendations of the Cockar report at all, but resulted from a commentary the PSC itself made on the Cockar Report! 5.0 OTHER DISCRIMINATORY PRACTICES 5.1 Fraudulent and Sexist Pension Framework On December 31, 1999, the President assented to the Parliamentary Pensions (Amendment) Act, No.9 of 1999, amending the Parliamentary Pensions Act (Cap 196). It was backdated to July 1, 1994, as its commencement date. Among others, the Amendment Act raised the rate of accumulation of interest on contributions from 3% to 15%; raised the percentage of the sum deductible from payments of pensionable emoluments from 5% to 12.6%; doubled the amount payable annually as pension; removed limitations to a pensioner’ entitlement to commute up to one-quarter of his/her annual pension; and removed the requirement that to draw a pension, one had to have ceased completely being a member of the National Assembly, served for an aggregate of ten years and be aged at least 50 years of age. In effect, an MP can now draw a pension after attaining 40 years and serving a single term in Parliament; whether or not s/he is serving a second or subsequent term. The amended Act is also sexist to the extent that it allows widowers (husbands) of women MPs to keep their entitlements despite remarrying, while widows (wives) of male MPs lose theirs if they remarry! This is outrageously discriminative against women. 5.2 Fraudulent Mortgage Scheme MPs have also abused their legislative power and discriminated against other Kenyans by giving themselves a taxpayer-funded mortgage scheme at the very low 3% interest rate a year when other borrowers pay theirs at much higher rates! 6.0 IMPORTANT GENERAL QUESTIONS ABOUT OUR MPS? 6.1.0 Why should we pay non-performing MPs so much? Our MPs don’t deserve to be paid the high amounts they earn for the following reasons: 6.1.1 Persistent lack of quorum Generally, our MPs are non-performers, who over the years have set a very poor record in the region and internationally. This lack of serious commitment to their work, which plays out in the frequent quorum hitch (failure to raise only 30 out of 222 members!), results in very few bills being passed compared to other parliaments in the region and globally. 6.1.2 Failure to interrogate and audit the National Budget This laziness hurts the country most in their annual failure to interrogate the National Budget to avoid wastage and outright corruption, and to ensure that revenue is used to address national priorities. But year-in and year-out, MPs have approved the budget largely unexamined, yet the law requires them to do so, and we elect them to ensure that our taxes are well spent. For example, this year they approved a budget of Kshs. 759,814,501,933 after examining only 9 votes out of the 55 presented by the Finance Minister. Civil society has examined this year’s budget and found that our MPs would have saved the country Kshs. 200 billion that is being lost through wasteful spending and corruption, including multiple allocations and payments to Anglo-Leasing type projects. It is amazing that our MPs did not spot or object to these payments. Kenyans must not pay for waste and corruption. Further, whereas this budget came after the post-election violence that was largely fuelled by mass youth unemployment, acute rural and urban poverty, poor infrastructure, and widespread insecurity, the National Budget, like those before it, proposed to spend 85% on day-to-day Government expenditure and only 15% on development to improve the welfare of the public by supplying services like infrastructure, health, education, and security. Ideally, MPs should have demanded that Government tightens its long belt of luxuries and spends at least 60% of the Budget on development to address poverty and its causes. Thus MPs have failed over the years not only to properly examine the National Budget to safeguard our taxes, but also to ensure taxes are used to deal with national priorities such as creation of employment for the youth. 6.1.3 Failure to interrogate and audit the Public Debt Register Whereas, on average, 20% of our taxes revenue is spent annually on servicing the Public Debt, MPs have never asked the Executive to publish the Public Debt Register so that the taxpaying public can know what we are paying for. They have also never demanded that Parliament must approve Government borrowing and expenditure of borrowed funds. Civil society is of the opinion that if the MPs cleaned up our Public Debt Register to eliminate odious debts we could reduce our debt burden by at least 40%. 6.1.4 Making bad laws The MPs have become notorious for passing bad laws that have ended up being challenged in court. They include the law that created the PSC. The most recent example of their excesses is the Kenya Communications’ Amendment) Bill, 2008, which they passed to enable the Government gag the media. 6.2.0 Mismanagement of CDF A major reason the Constituency Development Fund (CDF) is so blatantly mismanaged is that the CDF Act is another bad law our MPs made disregarding the constitutional principle of separation of powers. It is not the business of MPs to implement the laws they make; that’s the work of the Executive. Further, since the Controller and Auditor-General, who audits all Government expenditure including CDF reports to Parliament, it is not possible to hold MPs to account for mismanagement of CDF. They are, after all, passing a verdict on the evaluation of their work in their constituencies when they discuss and adopt the audit report. Ideally, MPs should not be in charge of the CDF. In India, for example, where the system works well, MPs work with their constituents to initiate projects to be funded but have no control on the allocated project funds or implementation of projects. 6.3.0 A Comparison of recent allocations to PSC and CDF The allocations for two consecutive financial years’ are indicated in the table below: Table 1: Comparison of Allocations for PSC and CDF FINANCIAL YEAR AMOUNTS IN KSHS PSC CDF 2007/2008 6,588,572,070.00 9,797,000,000.00 2008/2009 7,245,304,554.00 9,797,000,000.00 It is both outrageous and unacceptable that a country as poor as Kenya should spend Kshs 7.245 billion on 222 MPs, and Kshs 9.797 billion on 37 million citizens in a year. Do not forget that during the said period, Kenyans went through trauma caused by the post-election violence occasioned by the same politicians, which destroyed many livelihoods. Note also that in the two years, there was increase in the PSC allocation but not CDF. This shows where the real priorities of MPs lay: certainly not with the public they pretend to represent! Finally, do not forget the many cases of complaint against MPs on the use of CDF. MPs have used CDF corruptly; they have made their relatives, campaign managers and friends the ones in charge of CDF. Many of them have been sued by aggrieved members of the public because of corruption and for influencing allocation of CDF only to areas that support them! 6.4.0 Should MPs write the New Constitution? Given the very questionable, blatant, self-serving and recklessly arrogant manner the MPs conduct legislation, and misuse and abuse the power donated to them, it is frightening that the same MPs have abrogated themselves the veto power to oversee and direct the writing of Kenya’s much-awaited New Democratic Constitution. If their horrible legislative record and outright disregard for the rule of law are anything to go by, the MPs are the least qualified group of Kenyans to be entrusted with the onerous task of writing such an important document for the wellbeing of this and future generations. The sovereign people of Kenya should be allowed to monitor and oversee the entire process as a way of safeguarding their right to self-determination. 7.0 KENYA IS A REPUBLIC In their actions, the Petitioners are invoking the republican foundations of the Kenyan Nation. We are demanding that our leaders embrace the idea of governing the nation as a republic, with emphasis on liberty, rule of law, popular sovereignty and civic virtue practised by all citizens. Republicanism is about true representation in all spheres. Republicanism always stands in direct and firm opposition to any form of dictatorship, corruption, or tyranny. In a republic, elected representatives must use the power entrusted to them for the protection of the sovereign people, not their destruction. A republic is a government of laws, not of men. 8.0 AN APPEAL TO PATRIOTIC KENYANS Dear fellow Kenyan, You have a responsibility to ensure that our resources are put to correct use so that this and future generations can enjoy quality lives. Hence, we call upon you to join this case as a petitioner and be part of the rising army of patriots determined to resist oppression and political impunity, to stop the looting of our public coffers, and to fight for socio-economic justice. Jon and demand responsive, accountable and effective leadership. Help fight impunity and restore the people’s confidence in institutions of governance. Become a Petitioner today and demand a stop to the looting of public coffers and a refund to the taxpayer of the billions of shillings stolen so far. A better Kenya for all is possible!

R.I.P. GPO

VERSE 1 OF I Miss You Lyrics BY [DMX] I know that my savior lives And at the end, he will stand on this earth My flesh may be destroyed, yet from this body, I will see God Yes, I will see him for myself - and I long for that moment

MY COMRADE GPO

MY TRIBUTE TO GEORGE PAUL OWEN OULU (a.k.a.OULU GPO) It must have been around January of 2003 when I first met George Paul Owen Oulu (shortly referred to as Oulu GPO,) He was a first year then at the university of Nairobi kikuyu campus. He was a very jovial guy, free and confident unlike other freshers who always looked intimidated by the new university environment. I was in the first semester of my third year. We had declared that we needed revival of the student organization of Nairobi University {SONU} after it having been disbanded in 2000.so it was a great risk we had taken to be on the frontline agitating for this. For a first year it was so courageous of him and I once noted it and told him I couldn’t believe he was a fresher given his guts in addressing people who had by then spent more years at the university. I know all agitators of change are scared now (I included) but in spite of my mourning I believe as a writer I got a lot to write about my brother and comrade GPO. When elections were later called on 7th march 2003, GPO emerged the winner as the campus representative for kikuyu campus whereas I was elected the vice chairman (academic affairs) thanks to him having helped me campaign in vote rich kikuyu campus. Therefore we became members of the SONU executive together with the following elected Chairman Tedd Munovi, Vice Chairman Academic Affairs-Fwamba NC Fwamba Vice Chairman Administration-Koome Wa Mburugu Secretary General-Makokha Wanjala Organizing Secretary-Mwengi Mutuse Treasurer-Tabitha Wainaina Secretary Legal Affairs-Cornelius Lupao Secretary Health-Dr.Onkoba Marube (Now Deceased) Secretary for Sports/Entertainment-Juma Jombi Secretary Gender Affairs –Purity Mukami Campus Representative College Of Architecture and Engineering-Opata Kopata Campus Representative College Of Humanities and Social Sciences (Main Campus)-Ngaruiya John Kamau (Later Elected Sonu Chairman) College of Education and External Studies-(The late) Oulu GPO (Was Later Elected Sonu Vice Chairman) Lower Kabete Campus-James Oluoch Medical School Campus (College Of Health Sciences)-Dr.Brian Lishenga Parklands Campus (Law School)-Gitau Gitonga Upper Kabete Campus-Nelson Indimuli Chiromo Campus-Nemwel Machuki (Was Later Elected Sonu Vice Chairman, Then Chairman) That constituted the SONU executive (like SONU cabinet) During that tenure we worked well with GPO since just like me he was a man who believed in transparency and was on the frontline in fighting corruption among student leaders and the university administration. The congress (student parliament) elected me the chairman of Public accounts committee. In that docket I got a lot of strength from GPO because he always stood by what was right. I even know today that if GPO was in Kenyan parliament, he would be amongst the 22 MEMBERS OF PARLIAMENT. In subsequent SONU elections I remember GPO as the most popular candidate, who used minimal resources but emerged as the winner in his docket and one with the highest margin of victory than any other member of the executive I remember as David Okindo used to joke about it all the time that when we went to campaign in Kikuyu campus, students could sing and shout GPO, GPO, GPO CONTINUOSLY without tiring regardless of who was talking. Any candidate could chant comrades’ power!!!The crowd answered GPO.Kikuyu campus was a GPO zone. it was beyond any doubt that GPO was VERY POPULAR THERE.I remember one of the last campaigns when I delayed to arrive, for the Kamukunji, Ken Orengo, Brian Lishenga, Kingwa Kamencu and Ngaruiya KJ(who were vying against me for the position of chairman)GPO himself had talked.GPO had kept the crowd waiting for me with David Okindo on the podium. When I arrived I could only see crowds singing GPO, GPO, GPO, .it was one of my most fantastic days of my campaign. We all knew that we all had supporters there but GPO had followers. We later developed a good liking for the American rhetoric which were produced by Wafula Buke then and I distributed them at a commission from Buke.the most interesting part was the message to the grassroots where Malcolm X mocks ‘the big six’ about ‘THE MARCH ON WASHINGTON’ when Malcolm X says ‘then old tom said ‘boss I cant stop it because I never started it’ that is obviously what we would have joked about if we met on that evening of 5th march 2009 when GPO was assassinated in cold blood with the founder the Oscar Foundation. GPO stood for the down trodden all his life especially during the time I have known him. I remember him being suspended from the university for three years for complaining against arbitrary fees increments without the university authorities caring about the peasantry background of the majority of bright university students who are usually admitted through the Joint Admissions Board. GPO was a real comrade. He was one person you could always count on at the hour of need. As I write this I find it difficult to control my tears. At some point together with Ken Orengo, Nemwel Machuki, GPO, Kingwa Kamencu and I helped sensitize university of Nairobi students after they had a student election rigged in favour of puppets as leaders of the union. This is when I met Isaac Otidi Amuke, one of GPO’s greatest friends too, mamluki, sissey Marvin and Susan Chege. In recent past I remember him being one of the first people who came to central police station immediately word went around that Philo Ikonya, Patrick Kamotho and I had been arrested and beaten by the brutal police. The following morning of 19th Feb. 2009, GPO called me and said ‘boss, its good you are fighting corruption, you just made my spirit stronger when I was just about to give up’ and I told him ‘boss we need to be patriotic enough and cause real change corruption is a serious disease in this country’. Before the maize demonstration I asked GPO if he was going to commemorate the 44th anniversary of Malcolm Xs assassination on 21st Feb. he said the idea was great since to him just like me, Malcolm X was a great symbol of struggle for freedom justice and equality. But the whole issue was changed because on that week I got arrested demonstrating against corruption and food insecurity in the country. I Met GPO on 22nd and he joked about our demonstration saying we would have mobilized more people. I laughed and told him what was important was the message, not necessarily big crowds. I was with Philo whom I reminded that it’s GPO who had introduced me to her back in 2007 at the Norfolk hotel during one of the civil society functions organized by the youth agenda whose CEO was Kepta Ombati then. Other prominent youth leaders had been around too like Cyprian Nyamwamu, Ndolo Asasa, Kingwa Kamencu and others. On the tragic day while sitting with Ken Orengo, Martin Nkari and jimmy Nyikuli, Patrick Kokonya and Jeremy Oloo, I thought of talking to GPO, I called him and said’ boss, why don’t we meet, I would like us to meet’. He told me that he was on ngong road and he was going to call me immediately he got to town. So I waited for his call. At around 5pm, I called again and he told me he was on the way. When it got late I decided to call Kamotho so that we could have coffee together. We thought of going home then while on the way along Koinange street I got a call from Kelly musyoka.So I left Orengo,Martin and jimmy then together with Kamotho we joined gaceke,odipo and Kelly whom we had been with earlier.gaceke received a phone call from George Nyongesa who informed that some people had been shot at the university. as I moved out of kikwetu I got a call from philo Ikonya who asked me if I had heard anything about GPO,I told her I had just talked to him wanted for him but I was going home because he hadn’t shown up. I assumed he got busy with something else.Philo told me Kingwa had told her GPO might have been harmed, that he might have been shot. I called Kingwa right away who told me GPO had been shot. But she didn’t sound so certain. I got worried and asked George Nyongesa who told me he was at the scene at the university and GPO had BEEN shot…DEAD!!!I broke down in town, Kamotho tried to calm me down. I was with Kamotho all that time. March 5TH 2009 was one of the worst days in my life since I was born. , The ever happy GPO, The man full of jokes, the man full of wisdom is gone, gone. Rest in Peace GPO, You are my man…

OUR WAR WITH THE CORRUPT

OUR WAR WITH THE CORRUPT

''ITS INEVITABLE-THE CHICKEN WILL ALWAYS COME HOME TO ROOST''

THE TRUTH..FROM MARSGROUP...THE FIGHT AGAINST CORRUPTION

Finance Minister, Uhuru Kenyatta has a duty to stop the payments that he exposed as fraudulent: It is time to admit failure of the fiduciary duty by the Permanent Secretary, Ministry of Finance, Joseph Kinyua, who is the Accounting Officer and custodian of Kenyan tax payer’s money. Today, the 27th of February 2009, Joseph Kinyua, the Permanent Secretary in the Treasury and Accounting Officer at the Ministry of Finance knows that the Government has not cancelled the Irrevocable Promissory Notes on the Midland Finance deal.He is aware that no money was ever received by the Government of Kenya by his own admission to justify repayments. Kenya has had an opportunity to prove this Fraud by cooperating with the UK’s Serious Fraud Office, where they have identified Anglo Leasing beneficiaries, including the Midland deal. The PWC report has concurred with the findings of Kenya’s Controller and Auditor General that the Government of Kenya has never received money from Midland Finance and Securities Ltd and that the Government of Kenya does not Know who Midland Finance and Securities Ltd is. So, who did the Government of Kenya enter into this deal with? Who did the Attorney General, Amos Wako confirm was Midland Finance and Securities Ltd? How did Amos Wako confirm that money had been delivered to the Government of Kenya as stated in his legal Opinion? Wako in his legal opinion says “In my opinion the Credit has been fully authorized and signed and delivered on behalf of the buyer and is legally binding upon the buyer in accordance with its terms.” In Light of Mr. Kinyua’s admission and the commitment by the Attorney General, it is clear that we need the intervention and assistance of the International Community, and in particular the immediate cooperation with the UK’s Serious Fraud Office. The truth, Mr. Kinyua, will set you free! The Midland Deal: On 29th May 2003, less than 150 days after Mwai Kibaki was sworn in as President of the Republic of Kenya, and after his famous pledge that Corruption would cease to be a way of life in Kenya, “Corruption will now cease to be a way of life in Kenya and I call upon all those members of my government and public officers accustomed to corrupt practice to know and clearly understand that there will be no sacred cows under my government." Mwai Kibaki 30 Dec 2002 his Government entered into contracts with “Ghosts” for fictitious credit loans to Kenya. The supply contracts are also fictitious. The Midland deal is one of 18 such scams. Read Full Post at: http://blog.marsgroupkenya.org/?p=610 www.marsgroupkenya.org Watching Out for You.

where corruption is mighty,the right are wrong

''ITS INEVITABLE-THE CHICKEN WILL ALWAYS COME HOME TO ROOST''

MORE FOR THE HAGUE:THE NOTORIOUS KENYA POLICE

ALWAYSMORE FOR THE HAGUE The police had rejected our plea to give us our right of reporting assault. In all police cells we had been, we constantly asked the cops on duty to record our complain. They all declined. All those days they had remained with one of Philo’s shoes. On 23rd of Feb. 2009 at 10 am, I waited for Philo at the freedom corner named after the mothers of freedom.Philo came barefooted with one shoe in a paper bag. The other shoe was still in police custody at the central police station. Therefore we started our symbolic walk (starting from freedom corner). We eventually got to the central police station where we demanded our assault case against one Mr. Richard mugwai.we made our request to the officer on duty who was in charge of making records in the occurrence book. Philo asked the cop to give her the shoe too. The cops were uncooperative. the one in charge of the occurrence book, refered us to another guy whose office was labeled O.C.crime.he explained that he had no powers of recording a complain against his senior who had battered us on the 18 feb, 2009 during and after arresting us outside the parliament buildings as we protested against rampant corruption in government, poor governance theft by members of the Kenyan executive. As we sat in that office, the policeman in charge started asking us what we wanted; when we told him he started dodging. The police officer said that his job could be in jeopardy if he allowed us to access the process of justice by recording our report against the cop who assaulted us. A number of five cops came in and stated perusing the occurrence book which we automatically sensed as diversionary tactics. it was the same strategy they used when they saw Ann Njogu going to report the same nature of crime committed by the same cop. {he also assaulted her while arresting her and other colleagues last year} thereafter the tall brown cop led us from the occurrence book desk through towards the end of the corridor where he showed us a door labeled OC.Crime.there was no one in the office. the guy had seen us and sneaked away. Same old tricks. Then by good luck the occupant of the office appeared from a distance. We asked him that his juniors had referred us to him but he just grinned and said that he could not take our reporting because the perpetrator of the crime was his senior. so the cop refused and told us arrogantly that we could go and report to the police commissioner HUSSEIN ALI.By that information we understood that the police had no intentions of allowing us to report the violation of our rights by one Richard mugwai.i know one day the chicken will come home to roost for this brute. Help us bring Mugwai to justice. http://fwambancfwamba.wordpress.com http://kenyayoungvotersalliance.blogspot.com http://fwambancfwamba.blogspot.com

MORE FOR THE HAGUE:THE NOTORIOUS KENYA POLICE

ALWAYSMORE FOR THE HAGUE The police had rejected our plea to give us our right of reporting assault. In all police cells we had been, we constantly asked the cops on duty to record our complain. They all declined. All those days they had remained with one of Philo’s shoes. On 23rd of Feb. 2009 at 10 am, I waited for Philo at the freedom corner named after the mothers of freedom.Philo came barefooted with one shoe in a paper bag. The other shoe was still in police custody at the central police station. Therefore we started our symbolic walk (starting from freedom corner). We eventually got to the central police station where we demanded our assault case against one Mr. Richard mugwai.we made our request to the officer on duty who was in charge of making records in the occurrence book. Philo asked the cop to give her the shoe too. The cops were uncooperative. the one in charge of the occurrence book, refered us to another guy whose office was labeled O.C.crime.he explained that he had no powers of recording a complain against his senior who had battered us on the 18 feb, 2009 during and after arresting us outside the parliament buildings as we protested against rampant corruption in government, poor governance theft by members of the Kenyan executive. As we sat in that office, the policeman in charge started asking us what we wanted; when we told him he started dodging. The police officer said that his job could be in jeopardy if he allowed us to access the process of justice by recording our report against the cop who assaulted us. A number of five cops came in and stated perusing the occurrence book which we automatically sensed as diversionary tactics. it was the same strategy they used when they saw Ann Njogu going to report the same nature of crime committed by the same cop. {he also assaulted her while arresting her and other colleagues last year} thereafter the tall brown cop led us from the occurrence book desk through towards the end of the corridor where he showed us a door labeled OC.Crime.there was no one in the office. the guy had seen us and sneaked away. Same old tricks. Then by good luck the occupant of the office appeared from a distance. We asked him that his juniors had referred us to him but he just grinned and said that he could not take our reporting because the perpetrator of the crime was his senior. so the cop refused and told us arrogantly that we could go and report to the police commissioner HUSSEIN ALI.By that information we understood that the police had no intentions of allowing us to report the violation of our rights by one Richard mugwai.i know one day the chicken will come home to roost for this brute. Help us bring Mugwai to justice. http://fwambancfwamba.wordpress.com http://kenyayoungvotersalliance.blogspot.com http://fwambancfwamba.blogspot.com

ARREST DRAMA PHILO IKONYA AND FWAMBA NC FWAMBA(IN LAST PICTURE-IN WHITE SHIRT)

''ITS INEVITABLE-THE CHICKEN WILL ALWAYS COME HOME TO ROOST''

HOSPITALIZED

BY ANY MEANS NECESSARY:REAL CHANGE MUST COME. Early in the morning at 6 am of19th Feb. 2009, Patrick Kamotho and I leave the central police cells. There seems to be no ready police van to take us to the Nairobi high court. We are scheduled to appear before the judge on duty Gilbert Mutembei in court one. at the central police doorway. The cop who is supposed to take us escorts us into a waiting matatu psv whose passengers had been arrested for failing to buckle their seat belts. So Kamotho and I enter the vehicle with its diver and conductor. They drop us at the main entrance of the Nairobi law courts. This cop seems to be kind of civilized. He hands us over to some two policemen who seem to have a lot of ‘advice’ for us…but we don’t let them we advice them instead..Tell them on how they have a responsibility to help make our country better. but they seem to be so self righteous convincing us that we should just give up about the war on corruption because we cant win. That we are only but wasting our time and unnecessarily endangering our lives. Even insinuating that it will be hard for us to get any government jobs. We challenge them but later they decide to push us into the basement police cells of the high court. There we again meet people of different characters with varying case. But we still push our anti-corruption crusade and for them they wholeheartedly get sense in what we say. at about 8.50am..we are lead to the dock awaiting the judge…who then enters and starts with our case,Philo Ikonya’s name is called and she joins us in the dock, my name is called, Patrick kamotho’s and our charges are read.mbugua mureithi pleads for a bond of 10000 per person which the judge consents our lawyer Mr.Ongoya had sent a representative but at least mbugua mureithi intervened to ask for a lesser bail and request for p3 forms because all police stations had denied as opportunity to report the police bully who had assaulted us after arrest. as we are about to be returned to the basement cells,Philo breaks down…..its because of the compassion she has been having about the hunger victims and also the inhuman way the policeman had treated us…she later tells me. She is in a sack scarf with newspaper cuttings of Nang’ole an old woman from Turkana who had three weeks before informed a media house that she hadn’t eaten in days.Philo has always been wondering whether that lady is still alive.Nang’ole is the woman whose photo is juxtaposed with Ruto’s on one of the posters Dr.Khalwale had used to persuade the conscience of the members of parliament during Ruto’s censure the previous day. my joints are in pain following Mugwai’s assault. Philo is feeling a lot of pain too as we are lead together with Kamotho out of the dock back to the basement cells as we wait for the processing of the bond for the three of us. we stay there up to very late. At some point we are separated with Philo as she is led to the female cells.Kamotho and I join other men in men’s cells. Some awaiting bonds to be processed while others wait to be taken to remand. I try to keep on calling different people and also sending Philo short messages asking when we are going to be released. at some point Kelly Musyoka informs me that they were moving together with Gacheke and others to make sure that the bail is done faster. Then after a few minutes I get information that our bails had a hitch and the process had to be restarted….its moving towards 1pm.i have not eaten since. Ken Orengo wants to bring us food but cops won’t allow. At about 3.30the process is finished. many of other civil society leaders have already left….but I can see Sophie Dowler,Wangui Mbatia,Kelly musyoka,mulielie,gacheke,Odipo and ladies who work at NCEC,we move out…I need to see I doctor…too much pain following the beatings. So does Philo. Kamotho, Philo, Gacheke and I board Alex Kilele’s car as we head to the Nairobi women’s hospital.kilele drops us there. Hilo talks to Ann Njogu and other comrades to make a number of arrangements. After the doctor examining us.he recommends philo and I to be admitted and be observed while Kamotho is treated as an outpatient. Despite feeling so bad I decline admission at that time (6pm) because of some family issues (responsibilies).am given drugs after which I leave the hospital in company of my friends jimmy nyikuli, ken Orengo and martin nkari.i leave philo admitted at the hospital. At night I cant sleep.. Am feeling pain everywhere. Therefore early in the morning I get back to the hospital and get admission (20th FEB) .i get to the x-ray room where I spend like 3 hours. Thereafter I go to my hospital bed. Am attended to by nurses. I have visits from wanyama, george Nyongesa, wangui Mbatia, abel onkundi, Dennis Ndira, martin nkari, ken orengo,reverend mbogo among other comrades. Philo gets discharged in the evening to have bed rest at home spent the night of 20th at the hospital. at this point I get all the medication, good attention from the doctor and the nurses. In the evening of 21st the doctor still recommends that I need to stay in hospital but other duties await me. So am discharged in the evening of 21st Feb 2009 against the doctor’s advice because I need to work on family matters.Aluta continua. Am given an appointment by the doctor but generally am feeling better. We must work together to change this country for the better….That which doent kill me only makes me stronger… FWAMBA NC FWAMBA a.k.a Crispus Fwamba http://fwambancfwamba.wordpress.com http://kenyayoungvotersalliance.blogspot.com http://fwambancfwamba.blogspot.com

THE POLICE STATE:IS THIS THE KENYA WE WANT?I HEARD SOME WHERE ABOUT FREEDOM OF SPEECH

I LATER CAME TO LEARN THAT THE BRUTE’S NAME IS RICHARD MUGWAI..ACTING OCPD CENTRAL. 18 Feb. is the day Dedan Kimathi was captured…that wasn’t in my mind as I woke up early that day of 2009. But one thing was certain that the corrupt practices of some government officials had to be rebuked at such a time when one of them was facing a censure motion in parliarment.other human rights activists and I at the freedom corner are prepared for the day. To drive the point home. .we proceeded to the parliament buildings where the Kenyans’ most corrupt fellowship. We wanted to take the message right to their doors. So it was the best venue..Philo Ikonya and I moved ahead where the visitors’ gate is towards other human rights activists. Patrick Kamotho stayed with the other group at the mps’ gate with their placards reading the message we had brought to the members of the august house who are presiding over serious corrupt practices in their ministries. ‘ `where is the maize’…one placard read…, ‘Kenyans are dying’ another one read…’unga prices are unbearable’, ‘a thief is a thief. Whether PNU or ODM’ .another one read….then Philo lashed another that summarizes all from her handbag.. .’CORRUPTION=DEATH’…that summarized everything. Our expression was symbolic and peaceful. As we moved around the parliament buildings…policemen started focusing on us. Some hired goons from Ruto’s constituency confronted Philo and started asking her whether the maize that was stolen was ours. We all flashed the newspaper images of dying Kenyans but the goons would not listen…but all other Kenyans who were passing by kept on encouraging us. At about one oclock, one of the human rights activists who were with Patrick Kamotho comes and tells us that Kamotho had been arrested as the rest of his group scampered. He had insisted that the corrupt leaders must have an opportunity to get his message. They took him to parliament police post. After the disruption of the majority of the protesters, we proceeded demanding the release of kamotho, and later we discovered that the police had put much focus on the two of us. So they confronted us…the guys arrested us so violently. That one senior cop whom I later came to know is called mugwai, tore Philo’s dress and dragged her on the ground..Philo couldn’t keep quiet. Neither could I. the senior cop moved to Philo and whispered to her that he knew her and wouldn’t want to arrest her…the cop snatched my placard which read. “CORRUPTION=DEATH”..and held it high unconsciously…he ordered his junior to arrest me. I continued shouting “A THIEF IS a THEIEF AND KENYANS ARE DYING OF HUNGER BECAUSE OF BAD LEADERSHIP”…the senior cop whispered to me asking me to be calm and stop embarrassing him to his seniors before the media.but this couldn’t be the case because on the other hand it was important for me to relay my message. While Philo was telling the two cops to leave me alone, the guy tried to bundle me into the police car boot but it failed to open. so he put me on the passenger seat…went back to where Philo was as she continued making anti corruption chants. The senior cop manhandled Philo and tore her dress. PHILO COULDN’T SHUT UP…. They push her next to me in the police car and the senior cop sits on the co-drivers seat. His juniors seem to really fear him. He aint a human being. If you ever heard of Dracula. The guy starts punching us. Saying that now there are no cameras…that we are going to tell. He punches Philos face. When I ask him to behave like a human being he turns to me punches me then as Philo tells him to stop beating me he punches her in the jaws and face. They drive us from parliament road between city hall and kicc.the guy is a brute. he continues beating us as we move past Kimathi’s statue towards central police…and Philo continues telling him to see God in her eyes. The guy looks confused by Philo’s words. When he is unable to answer her questions he starts beating us again. Targeting Philo’s face and my stomach. He tried to reach for my private parts. He had an intention of sexually molesting me. But the way I was dressed under made it impossible for him to accomplish his inhuman mission.i was well prepared for the day. He tells the junior cop to destroy our phones so that we stop calling other leaders of the civil society. we had called quite a number by then. When we got to central police station the same senior cop hits me in the face. THE GUY TAKES ME UPSTAIRS TO HIS OFFICE I didn’t know where he was taking me to. I thought he was taking me to record a statement. That was not the case. He frog marched me to his office upstairs and started hitting me hard everywhere with his rungu(rod) and kicks and slaps. asking me if I belonged to Bunge la mwananchi…and who the lady I was arrested with (Philo) is. Asking me whether am associated with Mwalimu Mati, asking what I do, asking me what Philo does. I tell him he would not wish someone to do what he is doing to me to his son. he becomes more violent and claims that I embarrassed him before the media by shouting that corruption is killing Kenyans even when he had ordered me to keep quiet. I told him that is the only way my message could be relayed to those whom I was accusing of having failed in leadership. The guy becomes more stupidly angry…he then starts slapping my face without stopping…he hit my knees with his rungu..and the more I complained the more he beat me…then ordered me to get out with him .as we moved downstairs he warned that I shouldn’t tell anyone what happened to me…but this is a story I have to tell the whole world…that there are some cops who want to make one imagine preferring being in Zimbabwe than in Kenya. When I come down I find Philo down at the OB desk. She was shoeless. She told the rogue cop that since had had decided to be the arresting officer, the prosecutor and the jury, he should let us go. But the rogue cop orders his juniors to trump up charges against us. Illegal assembly charges them with that…he says. The juniors obey the orders …the bad cop leaves. They take my belongings and her belongings too and book us into police custody. Inside the cells we get there many people arrested on flimsy grounds. With the police’ intention to get some bribe. Philo gets to discuss so many issues with all the ladies in there. Among them an eight month pregnant lady arrested together with her mother. She tells Philo that she had been brutalized by the police beaten up and she feels dizzy. the female policemen had even threatened to put hot pepper in her private parts in the disguise of wanting information from her(the expectant 30 year old lady) The police work in cahoots with some hardcore criminals who behave like cell prefects. they frisk all people who come in the cells and collect”tax”for the police from within cells. THE NIGHT At about 4pm Philo and I are called from the cells. It was our lawyer. counsel Elisha Ongoya.we had a chat and he left to make necessary arrangements for our court appearance just incase they decided to take us to court.By evening civil society leaders and pen international leaders were all at the central police and the number was swelling each and every minute. I see Abel onkundi,Kelly musyoka,wangui mbatia,stephen musau,I see Mwalimu Mati,Oulu GPO,Cyprian Nyamwamu,Ann Njogu,George Nyongesa,Jane Mati,Kingwa Kamencu,Khainga Okwemba,Lydia..The number swells.mulielie,odipo,a…we all then come to notice that the same cop that had molested and brutalized us is the one who had sexually harassed Ann. Njogu when they protested against Kimunya and they were arrested together with George Nyongesa and Okiya Omtata and other civil society leaders. They took our finger prints. Philo insisted that she didn’t want her finger prints to be taken by any policeman. Or woman given some police women had brutalized the expectant lady. Some policewomen eventually claimed that she had not been part of the group that had beaten the expectant lady. So she took Philo’s finger prints. We knew the die was cast. We were going to court. When the human rights people numbers continued to increase demanding our release, the police device a new method of dispersing them. They lead us upstairs as they tell the rest of our people including the lawyers to stay back. When we get to second floor, they take us downstairs again. Just Philo and I OTHER INMATES had been left in the cells. There in the backdoor they take us to a waiting police van. They were taking us to unknown place. they drove the police van which carried Philo,five policemen and I. they started talking the violent language of their boss, telling us to stop fighting the for human rights, Saying that we can never change the government. that is how it works…then we started a conversation…they softened as they continued driving us from Harry Thuku road,kijabe street, globe cinema round about,ngara,towards forest road. we weren’t certain whether they were taking us to karura,or parklands police station, or what?....but while still on the way to they told us that they have to do what they are instructed to do in order to feed their families and keep their jobs. We challenge them on brutality and they discount that every human being is different. Some police man starts some silly talks .that makes Philo to drown the stupid talk with song-religious tunes..Ave Maria. and others. Eventually they get us to Gigiri police station. AT GIGIRI It’s at about 1200 midnight .We are lead to a dark cell. We protest. Philo refuses to go to the female people’s cell. There is no one else there and it was dark. They open a cell for males for me to enter. I remain the corridor because I want to keep watch on Philo…so we keep on talking with Philo as I stand in the male cell corridor and her on the other side on the corridor of the female cell…we talk about power to the people…the cops switch lights on for a while…but after a few minutes the lights go off again and we suddenly are in total darkness. but these cops are insisting that I go to sleep. That I stop watching on Philo.that I leave Philo with them. I refuse but eventually when they open for Philo to go to a place with some light I go to one of the cell rooms and sleep for like 30 minutes. Then I hear a voice..Philo says there are some developments. That Ann Njogu and Florence Jaoko have come and obtained a bond for her. So I was to remain alone.Philo wants to remain in the cells in solidarity with me but the police say its illegal and she has to leave. So Philo leaves together with Jaoko and Ann .I go to sleep. I haven’t eaten since morning so I request the cop on duty to get me some tea. Because even at central the cops had refused to let us get the food other members of the civil society had brought us. We had refused the inmates food at central police because we took the threats by the senior cop whom I later came to identify as Mr. Mugwai very serious. in addition to that, the food was seriously rationed. Cabbage and boiled maize (githeri/nyoyo-so we thought it wise too to leave it to other inmates.)(REMEMBER THE LOST MAIZE) After the departure of Philo from Gigiri, the central police OCS comes with some other police officers to pick me together with a contingent of five policemen. I thought they were transferring me to another police station or wherever. But the drive all the way back to the central police station. On the way I remember the trials of Paul the apostle of Jesus when he was moved from place to place as the authorities tried to intimidate him from spreading the gospel. When we get to central police I get Kamotho there with the inmates and we sleep on the floor with a lot of lice, mosquitoes and cockroaches in all police stations we were denied an opportunity to report Mugwai’s violence on us and the threats he made against me...The following day…19th feb, 2009..we are taken to the court early in the morning. There we are joined by Philo and charged. But the question remains. THE MPS VOTED NO, WE WERE ARRESTED AND BRUTALIZED.MAIZE FLOUR IS EXPENSIVE EACH AND EVERYDAY, WHERE IS THE MAIZE? WHERE IS THE LEADERSHIP? CORRUPTION IS RAMPANT. Watch out……..change doesn’t come easily. Fwamba nc Fwamba.. a.k.a Crispus Fwamba http://fwambancfwamba.wordpress.com http://fwambancfwamba.blogspot.com http://kenyayoungvotersalliance.blogspot.com

'AFFIRMATIVE ACTION SHOULD BE BASED ON ECONOMIC FACTORS

Barrack Obama argues that instead Afro Americans being beneficiaries of affirmative action on the basis of race, more sense is significant if affirmative action is applied on the basis of economic indices of affluence both in politics and employment regardless of colour.i find this argument as an answer to daily debates in some developing countries like Kenya and most of its African counterparts, whereby we need to cease advocating affirmative action on the basis of gender or age. After colonialism, a number of families placed themselves as the heirs to the property and the political power previously held by colonialists. They created Kenya as a society of the poor and the rich with a wide gap in between the former and the later and due to a political and economic environment that favours those who already obtained wealth, this gap has always widened with time. That therefore makes me to believe that Obama’s argument is even more practical in the third world whose corrupt indices top the world. Since the 1990s, the debate about affirmative action has been so loud on the national platform, advanced by politicians in most cases advancing their quest to attain democratic majority on their side. The most prominent subject has always been affirmative action for women and of late, we are talking about the youth. However, even as some politicians go to a level of attempting to walk the talk as far as affirmative action is concerned, those steps have never significantly reflected at the grassroots to the people who are purportedly represented by the beneficiaries of affirmative action. Whenever positions come up, it is still the trick of a certain economic class to advance the affirmative action equation to create positions for their relatives, cronies and loyalists. Whenever such opportunities arise, they are only shared amongst people based on nepotism or bribery. When senior politicians talk about affirmative action for women, they do it for their wives, daughters or mistresses or their cronies, when they talk about opportunities for the youth they mean their children, not chosen necessarily on the basis of merit but on the basis of the relation ships with whoever would be advancing this. I don’t know why the media never pronounces this loudly. Kenya is going a wrong trend and affirmative action is only but one of these aspects. job opportunities both in the government, private sector and the civil society are no different. if Kenyans were to have an opportunity to dig behind a number of the activities of some civil society activities they will be surprised at the kind of corrupt activities and fiscal impropriety they will discover. Just like in government, many civil society organizations have a record in corruption, nepotism, tribalism and hypocrisy .it is so unfortunate that some members to claim to be agents of fighting corruption and yet when you get to their organizations they can not be able to account for the donor funds they get because of corruption. Soon we are going to have the unending debate of constitutional review and Kenyans should refuse to be duped by advocates of affirmative action with personal selfish motives. if entrenched in our constitution Kenyans must only accept it in the constitution when it is well defined what it is and what qualifies one to be a beneficiary. it should not be an opportunity for the already affluent to get free positions for themselves and their families. it must define properly who should qualify for a position under this law whether its youth or women or disabled. It’s all about economic class and fair distribution of wealth and justice not about gender or age. FWAMBA NC FWAMBA BOX 41046, 00100, NAIROBI +254721779445

RAILA’S TIES WITH KIBAKI MAY COST HIM PRESIDENCY COME 2012

According to recently released Gallup poll, Prime Minister Raila Odinga enjoys the highest approval ratings at 85 percent compared to any other official in the grand coalition. Inasmuch as this appears advantageous to the ODM leader, it is full of pros and cons in relation to his bid for the 2012 presidential elections. Raila s perception is based on the fact that he is the most proactive senior government official, given his stance on the Mau forest , the Kenya ports authority performance, his intervention at the National Social Security Fund ,among other issues, notwithstanding a general belief among majority of Kenyans that he was cheated of victory in 2007 presidential election. Currently most Kenyans are convinced that Raila enjoys a good working relationship with president Kibaki. In run-up to 2007 general elections, Raila Odinga ran on a platform of change while Kibaki ran on a develop record based on his first five years term at the helm of presidency. Both candidates knew that two thirds of the electorate was the youth, therefore they coined their manifesto to fit the wishes of the young people in Kenya. majority of youths were swayed to vote for Raila Odinga since any form of change would mean better lives, equal job opportunies both in government and private sector regardless of gender, tribe or any other form of discrimination to all Kenyans since many had not substantially benefited from what the PNU side was claiming to be a development record. After the signing of the pact between president Kibaki and prime minister Raila Odinga many Kenyans especially the youths celebrated hoping that while Kibaki was going to continue with his focus on development, the presence of Raila will bring in a tinge of change like bringing in integrity, ending nepotism in government, corruption and tribalism, so as to create job opportunities to the Kenyan youth and improving the economy of the country than it was when Raila was in the opposition. So far corruption, tribalism, nepotism continue to be part and parcel of the current government hardly different from the past. It is more difficult to get a job; a well paying job in government that one qualifies for in Kenya without knowing somebody who can push for you. Kenyan youths on both campaigns were promised jobs and other opportunities during campaigns, so far neither Raila nor Kibaki has remembered any of those youths who worked tirelessly for them to ensure their election or reelection respectively. After the elections, the youths who were tarmacking just went back to the road as usual. What is being witnessed is continued recycling of people who have been in government for a very long time at the pretext of experience while the majority of young people are denied those positions with arguments that they are not experienced. While Kibaki exits in 2012, many Kenyans believe that Raila will put up a case that he is the most qualified and justified to be the fourth president of Kenya. While that will be a valid case, Raila needs to remember the youth that he promised change. He must remember the bread, butter and groceries politics.Kibaki lied to the youths it has been confirmed.Raila must discuss and deal with the youth agenda on time, because those are the promises they made. It is easy for Kibaki to shortchange the youth and go away with it since he is serving his last term if at all that is his attitude, but for Raila the case is different. He has a duty to prove that he is a peoples darling as he presented himself during campaigns. If the current trend continues, it will be difficult for Raila to de-link himself from Kibaki come 2012; he may end up paying for Kibaki’s mistakes at the ballot box. FWAMBA NC FWAMBA BOX 41046, NAIROBI +254721779445

LETTER TO HON.CHARITY KALUKI NGILU

.Fwamba nc Fwamba Box 41046 10th March, 2008. +254721779445 To Hon. Charity ngilu, MP Pentagon member ODM National Chairperson, NARC. Dear Hon.Ngilu REF: THE TRIAL OF PHILO IKONYA AND 9 OTHERS; CASE NO.3315/07( MAKADARA COURT ) I would like to laud your dedication and efforts in advocating for justice and human rights for all. I would like to specifically appreciate your role in fighting against police brutality especially during the month of august last year (2007) when you rescued Ms Ann Njogu from the brutal hands of the police. Despite your tribulations at that time, it’s a historical and significant move you made that will never be erased from the Kenyan history and the memory of right minded Kenyans. Its because of this kind of courage and determination that we went to CID headquarters and together with right minded people demanded that the police should stop harassing you for protecting the democracy that you and others have struggled to build since 1992.we honored you having been the only member of the 9th parliament to come out strongly and speak that the gratuities they were planning to award themselves was immoral. For that reason we mobilized people to come to the CID headquarters’ To give you moral support and even came back to celebrate your freedom after we were bailed out. I was happy to see the kind of support we got from the members of the civil society, the media fraternity and the over 20 lawyers who volunteered to represent us. However its so disheartening that since then, our case has had numerous mentions where we appeared in the dock just like ordinary criminals. Apart from the presence of lawyer Harun Ndubi who has always been present up to the hearing which is going on now, we have only enjoyed solidarity of Ann Njogu, Cyprian Nyamwamu, Sam Ongoro and hardly anyone else. Personally, I took part in that process believing that it was worth it to stand by those people who stand by justice, encourage them and make them stronger during such times. It’s a bad experience that now I find my fellow co-accused and I abandoned. The case has totally lost meaning and relevance since the gratuities were given anyway and the situation has really changed since then and as a group we feel abandoned and lonely, the comradeship is gone. For those people who are witnessing our situation, it will be difficult for them to ever go to the streets to risk being arrested in the name of defending justice. In order to promote discipleship in the quest for justice, solidarity with those standing up for just causes is paramount. Our next hearing is set for 9th may and I hope that you will join us in solidarity to give my colleagues and I moral support. The defendants in this case are: Philo Ikonya Robert Ondari Hassan Indusa Kelly Musyoka Kepta Ombati Patrick Kamotho Wangui Mbatia Abel Onkundi Eddie Mwangi Fwamba nc Fwamba (myself) This is my personal expression to you and I believe that it’s a position held by most of my co-accused. Cc Mars group CREAW NCEC YAA 4Cs RPP CLAWS NCSC 3Cs 5Cs

FORD KENYA SHOULD NOT REPEAT THE REFERENDUM MISTAKE

As Kenyans prepare to go to election towards the end of this year, the positions taken by the various leaderships of political parties will determine whether the specific parties will be in the next government or in the opposition. So far as many parties strategize to make alliances of political convenience, Ford Kenya remains in unpredictable situation with contradicting statements from its national leadership. While the party constitution endorses the chairman to be its presidential candidate, it’s so disturbing that up to date the party has not made any concrete or official communication on whether Hon.Musikari Kombo is seeking presidency, supporting president Kibaki or looking for another alternative. It’s not long ago that in November 2005 the party delayed making a decision on the constitution referendum about which side to support and when it made that decision, it came out to be one against the wishes of the majority of Kenyans. So as a party we voted for the yes (banana) side which the majority of Kenyans rejected. The leadership of that time has not changed and it’s hard to believe that that leadership will advice its membership to vote for the popular presidential candidate that majority of Kenyans will support. It must be understood that majority of Ford Kenya membership has not tasted any benefits of being in the Kibaki government; a few appointments shouldn’t be used to hoodwink the party to support the incumbent for the second term, unless comprehensive reasons are given. It must also be noted that Ford Kenya as a party has been given a raw deal as far as the Vice Presidency is concerned since the demise of our beloved Michael Kijana Wamalwa in 2003.we voted overwhelmingly for the banana hoping that the president was going to reciprocate our support for the government by appointing either Hon.Musikari Kombo or Hon.Mukhisa Kituyi as his vice president. It’s therefore obvious that the party membership can not take another false promise of vice presidency in the Kibaki administration. All that the party got were a few positions for a few individuals. It’s so disappointing that the party chairman was contented and so proud of those appointments whose impact to the party membership is yet to be seen. The party chairman has perfected the art of horse trading by getting appointments of a few people to government positions and therefore proclaiming to be part of the government. Its saddening that in 2002, we supported Kibaki with an understanding that president Kibaki was the first among equals; including Hon. Wamalwa Kijana and Hon. Charity Ngilu (while forming NAK), but unfortunately the developments immediately after the 2002 general elections, indicate that Ford Kenya has always been treated as an inferior partner in the ruling coalition tubned government of national unity and can only get left overs. That is why it’s important for the party leadership to explain to the members on under 7hat circumstances should we support which presidential candidate. It’s therefore important that the party leadership focuses on an alliance that can respect the party and also assure members that we are NOT being pushed to be in the opposition from January 2008. It’s a known fact that the party will be the main loocer in the forthcoming election if it doesn’t consult its membership before making a decision to support any presidential candidate or field its own. The wishes of party members should be given priority. Therefore it’s wrong for the chairman to proclaim sup`ort of any other presidential candidate without formally consulting the party membership. Ford Kenya through Hon Noah Wekesa and Hon.Wafula Wamunyinyi have already initiated talks with other “like minded” parties to form a coalition for the re-election of His Excellency president Kibaki while the party chairman sometimes claims to be in the presidential race and sometimes claims to be supporting the incumbent president. Which one is the right direction for the party members? Is Kombo running or supporting Kibaki? If he is supporting Kibaki, under what kind of agreement is he supporting him? Is it merely for horse trading? Given the developments in the Kenyan political landscape, Is Kibaki the right horse for Ford Kenya? Kibaki’s presidential campaigns are said to be already in full gear. Narc Kenya has already overtaken everyone in campaigning for Kibaki. The Ford Kenya party leadership should make sure that the mistakes during the referendum are not repeated. It’s important for the party leadership to make a decision that is consistent with the majority of Kenyans and in favour of party members, lest we repeat the mistake we did during the referendum. So, who is the Ford Kenya horse? FWAMBA NC FWAMBA BOX 41046-00100 NAIROBI +254721779445

HON KIHORO 24TH AUG 2007 WITH BUNGE LA MWANANCHI/JEEVANJEE

HON.WANYIRI KIHORO LECTURE BY GEORGE NYONGESA

I have not had time to prepare a beter version of the Report on the Public Lecture at Bunge La Mwananchi held 24th August, 2007, just so that the news does not become outdated i give you as it is: First let me explain what Bunge La Mwananchi is all about: People’s Parliament of Kenya (Bunge La Mwananchi Kenya ) is a people’s initiative providing a platform for discussions, by ordinary members of the public of many issues including political, social and economics. It is claimed that it is the oldest gathering which has met everyday for the last 15 years at the Jeevanjee Gardens Park in Nairobi . There are other Bunge La Mwanachi in other parts of Kenya such as Mombasa , Kisumu, Eldoret and Kakamega. Bunge La Mwananchi have been holding discussions and debates on the topic: Politics, Political process and the General Election: What must the common man know? I captured the following as really issues that concern Kenyans as we approach the general Elections: it was revealed that while issues like unemployment and poverty are pressing Kenyans, this elections will be about “tribe and bribe” so after all we might not get the desired change. some speakers expressed their realization that our country is divided into 2 tribes: the rich and the poor, the rulers and the ruled, and the 42 tribes is just a buzz word used to confuse the common folk to help the political class cement their positions. We had that political class, the rich and rulers who are about 10% own 90% of Kenya resources but the 90% of us common people are forced to share the remaining 10% of the resources.so in other words if the common person was to wake then this elections is about the poor and the rich.and we could as well have the poor and rich line on their man and the longest line should enter the Statehouse.it was revealed that the dangerous lot that derails common man revolution are those people who feel they are middle class and see pseudo feeling that they are about to join the 10% lot they stifle common man’s revolution to overthrow the system.it was felt that getting afew people from the workers lot into parliament wont change much considering the cases of Prof. Kivuthas, Kiraitus and Karuas and therefore we should do A Hamas style put in a whole parliament made up of workers lot. issues of grave concern of increase in public debt which estimated at 740billion was brought up by Hon Kihoro, Kenyans wondered how they can get out of this debt? This means that the government has to be paying a tune of 52billion every week but of course they are not doing that and so in all ways they engage debts they don’t plan to be part of the paying schemes but pass on to younger generation. young people complained bitterly about unemployment and poverty in informal residences. there was a feeling that Kenyans do not have much information on Kenya ’s politics, social and economic issues and that is why they just vote for their tribe and bribes it was also suggested that someway should be found of bring back issues of grand corruption such as Goldenberg which Kibaki rode on to Statehouse into the public domain. It was also added that Ndung’u report and Anglo Leasing should be pushed back to the public so as Kenyans to be informed on the issues to vote for and that will reduce situation of voting for bribes and tribes. Kenyans talked of wanting the salaries of their MPs reduced because their high salaries widen the poor man to rich man ratios and there fore affecting commodities prices at the shop stores. Some of the interesting comments included: Goldenberg is equals to poverty; Aglo-Leasing has direct correlation to unemployment as the money that would have been used to expand infrastructure and create jobs was looted. Kenyans wondered why a few individuals own huge land while masses are landless on the streets. They wondered why Ndung’u report is gathering dust and there are people suffering. Kenyans felt that they needed to know the content of Ndung’u report and so they would like to hear those issues discussed this campaign. Hon. Kihoro talked about housing, unemployment and endemic corruption. he asserted that it will be had to realize any considerable for common man when alot of money is lost scams like Anglo Leasing, Goldenberg and scandals in the planned privatisation of Safaricom Ltd. He also intimated that Kenya need a reform centred presidency and not status quo attitude. Generally Kenyans want voter education conducted aggressively so that people can be informed on the issues they should vote for. Bunge la Mwananchi in conjuction with ABANTU plans to coordinate grass root voter education as response to the call at the public lecture. Already lined up is the Kasarani Amkeni Soccer Tournament which will mobilize at least 3000 people in the area for voter education as well as campaign against electoral violence. The exercise will be carried by Bunge La Mwananchi and MOPA (Movement for Political Accountability) . The following are some of the landmark initiatives that have been initiated by Bunge La Mwananchi in the past: 1. NILE WATERS CAMPAIGN: To create awareness about the unfair restrictions imposed on Kenyans in the management of floods and drought as a result of a treaty signed by our colonizers. 2. THE MAGADI SODA CAMPAIGN: To create awareness about the illicit exploitation of Kenya’s natural resources by the Magadi Soda Company, owned by the British Royal family. More than 100 Maasai who were protesting against the company were arrested and imprisoned. 3. THE LAND CAMPAIGN: To agitate for a better land policy that would allow landless Kenyans to access the idle arable land owned by absentee landlords in order to improve food security in the country. 4. THE CONSTITUTION CAMPAIGN: To educate the public about the need for a constitution that ensures that the human rights of all Kenyans are respected. The people’s parliament has taken an active role in the constitution review process. 5. POLICE SALARY & HOUSING: Including organizing a demonstration in 2003 to agitate for provision of better housing and an increment of the wages for police officers who were earning a paltry 3000 shillings (about $50) per month 6. OLE SISINA CAMPAIGN: In protest of the decision by the Attorney General not to charge a rich farmer who had killed a poor KWS officer in cold blood. One year later, the same farmer killed another man! Compiled by George Nyongesa +254 720 451 235

STUDENT UNIONS SHOULD ASSERT THEIR ROLE IN THE SOCIETY

Ernesto Che Guevara de la Serna who is probably The unquestionable most prominent revolutionary figure of the 21st century, was able to have himself legendised after his encounter with the modern world’s most authoritative symbol of communism, Cuban leader; Fidel Alejandro Castro. Fidel Castro is famed for his prominence during his days as a student leader at the University of Havana in 1940s where he studied law and graduated in 1950.Che Guevara and Castro’s focus was aimed at redeeming Cuba from the hands of dictator Fulgencio Batista who was a puppet and dictator of American imperialism and other then enslaved states of Latin America. Although the first attempt to remove Batista was thwarted, Castro together with Che Guevara and the rest of the army (Marxists) managed to wrestle Batista from power and established a communist state of Cuba. It’s widely known that the majority of the leaders of the Cuban revolution were Castro’s university alumni colleagues. In Indonesia it’s understood that through a student power protests, Dictator Mohammed Suharto relinquished the power he had held with an iron fist for a long time. Professor Horace Campbell of Syracuse University argues that the political leadership in Africa has been developed by morally weak leaders unlike the earlier objectives set by most of the African freedom heroes. Hence the political leadership in contemporary Africa especially Kenya has thus been criminalized. He therefore argues that the major challenge to upcoming leadership is to decriminalize the African leadership institutions. My understanding is that if any fruits have to be realized, then university and college students need to sensitize themselves be on the frontline in leading the student movement and join other civil society organizations to decriminalize our institutions. The lesson from the Cuban revolution and Suharto exit from power teaches us that an opportunity of physical nearness of intellectual minds is a great resource that must be tapped for the purposes of transforming and recreating a criminal society to a great and popular leadership. Many modernists believe that the days of violent revolutions are long gone and thus revolutions can be realized through the ballot and not necessarily the bullet. That brings the reason as to why our universities and other institutions of higher learning have a big responsibility to transform, recreate and organize our society as themed at the third national youth convention held in august in Nairobi this year. Students form such an important youth component in modern Kenya’s move towards good governance, agitation of freedom, justice, and equality. Unfortunately the trend and significance of students and student unions like son and others have been pushed to the periphery of irrelevance because of well orchestrated plans to shut true leadership from running the affairs of student welfare. Student leadership has been compromised through short term favors so as to ensure that the leadership remains caged and focused on petty issues and highly prohibited from making contributions to advancement of democracy and good leadership at the national level. University student leaders have been reduced to manage crisis for embattled vice chancellors at the expense of the golden opportunity and platform to advance national reform agenda. the honored revolutionary Ernesto Che Guevara once noted that "Man really attains the state of complete humanity when he produces, without being forced by physical need to sell himself as a commodity.” it is thus a trend that is not so new but its difficult to last in leadership for posterity with such tendencies. It must be noted that the Kenyan youth is the main casualty and victim of bad governance, corruption, and tolerance of other forms of vices. For example the grace period of repaying loan acquired through the Higher Education Loans Board (HELB) has been reduced because the government is so much constrained to fund high education. That makes it compulsory for any graduate to start paying loan as soon as he/she completes the degree. Such pressures are resultant of the corrupt systems that even students themselves have taken a back seat in criticizing with fear and intimidation by the powers that be and their agents in form of student leaders who win elections through questionable means. The continued fear will hence catch up with you when you fall victim of the evils you tolerated. Cyprian Nyamwamu;the executive director of national convention executive council(NCEC)notes that the corrupt minds in authority have intentions and have already captured some institutions that may descent against injustices such as churches, mosques and student unions. The University of Nairobi is no exception under this category. It must be noted that studentship is a serious opportunity that has already mobilized intellectual minds that should be able to use such opportunity to transform the society and stand to be counted. Student organizations like SONU have a reach history with the likes of Hon. Wanyiri Kihoro,Hon.James Orengo and the late Titus Adungosi whose contribution in the student leadership of this country speaks volumes and worthy to emulate and I will not be shy to also praise the leadership up to our time. Unfortunately of late the student leadership has become another slave of the criminalized society. That is why there is no surprise that when we protested against the media bill, members of parliaments intention to rob Kenyans 1.4 billion shillings and even Anglo leasing, no student union or its leadership came to authoritatively identify with the cause. Students must wake up indeed otherwise history will judge them by their actions. Fwamba NC Fwamba— A designer and defender of human rights is a former vice chairman of SONU&Chairman of the students’ parliament 2003/2004

A PUBLICATION OF MARS GROUP KENYA

Civil Society Leaders in Pursuit of Democracy and Accountability Assassination Attempt On Civil Society Leaders. It was an assassination attempt on the life of Mwalimu Mati, Ouma Odera and Okoiti Omtatah. There was also a brutal attack on Ann Njogu and Hon. Charity Ngilu Minister of Health who was roughed up when she went to Ann Njogu’s rescue . All five leaders were removed from central police station without the knowledge of their families, colleagues and friends in an attempt to assassinate them. The police alerted the media that they had released the civil society leaders when in fact they had not. They put them in police cars and drove them towards an unknown destination. The police car carrying Mwalimu Mati, Ouma Odera and Okoiti Omtatah then went off at high speed, breaking the traffic rules, then drove on the wrong side of the road crashing into an oncoming matatu head on and injuring the civil society leaders who had been caged in the back of the vehicle without safety belts. We are informed that they have suffered serious injuries especially on their heads. We are now absolutely certain that this attempt on their lives had nothing to do with the protest march on Parliament and in fact the attempt on their lives was because of civil society exposing grand corruption and especially the recent exposure by Mars Group Kenya and the civil society on the helicopters overhaul deal and more specifically the new Ken Ren fertilizer deal which is provided for in the current budget for a fertilizer factory (Ken Ren) that was never built. The 4.4 Billion shillings fertilizer deal was entered into in the 1970's when Mwai Kibaki was then Minister of Finance. 30 years later Kenyans have been committed to pay this 4.4 Billion shillings for a factory that was never built. A provision for the first installment of 265 million shillings has been passed to be paid by Kenyans in the current budget needless to reiterate that there has been no factory built. Does this sound like an Anglo Leasing type Deal? This time one that involves the President. The War against corruption is not an individual fight, it is the fight of all Kenyans of integrity who say that it is now time for Kenyans to change the way they are governed. It is “No to Grand Corruption” and the answer should always be “No! No! No! No!”. Kenyans are ready to continue demonstrating against blatant theft of their very hard earned money. We stand in solidarity with Mwalimu Mati, Ouma Odera, Okoiti Omtatah, Ann Njogu and Cyprian Nyamwamu and wish them a quick recovery. The leaders are admitted at the Aga Khan Hospital and the hospital is under policemen siege. There are no indications whatsoever on whether or not there will be charges tomorrow and Kenyans are asked to observe whether or not this blatant abuse of power will continue by denying them their rights. Kenyans must be weary of this rapid return to the dark days of the KANU – Moi dictatorship. The responsibility on any further attempt on the lives of Mwalimu Mati, Ouma Odera, Okoiti Omtatah, Ann Njogu and Cyprian Nyamwamu lies squarely on the hands of President Kibaki’s Administration. We are further concerned that even lawyers defending the leaders have come under police attack contrary to the countries constitution and laws that protect counsel from police harassment. Mr Leonard Njogu, one of the lawyers representing the leaders was arrested and is still in police custody for undefined reasons. As for the fifth arrested Protester Cyprian Nyamwamu, all we know is that he was taken to Muthangari Police Station and at this time pray for his safety. Further Details on the Anglo Leasing type Ken Ren Deal which has come back to haunt us 30 years later can be read at :- www.marsgroupkenya.org Mars Group Kenya Watching out for you.

PUBLISHED BY THE MARSGROUP KENYA

Civil Society Leaders in Pursuit of Democracy and Accountability August 7, 2007 A joint statement of the Civil Society in Kenya and former Members of the Kenya National Assembly THE PLAN TO STOP KENYA’S ROGUE PARLIAMENT’S GRATUITY THEFT AND ITS ASSAULT ON PRESS FREEDOM Last week, our network of Kenyan Civil society organisations, former members of Parliament and Kenyans of goodwill exercised their inalienable rights, given to each one of them by sections 79 and 80 of the Constitution of Kenya, to freedom of expression and freedom of assembly. They were exercising their rights under the Constitution of Kenya in order to try and prevent the planned theft of Ksh 1.4 billion of taxpayers funds by MPS colluding with the Minister for Finance. In the process fifteen members of our Network were arrested, assaulted, harassed and involved in a road accident that was caused by wayward police officers that nearly killed not only our three members Mwalimu Mati, Ouma Odera and Okoiti Omtatah but also the police officers themselves. From that week of action; The arrested members of our network were released on orders of the high court and others on cash bail awaiting prosecution by the same police force that acted illegally in curtailing the rights of Kenyans to assemble.; We have since developed a strategy to defeat these retrogressive acts of the police force. Our network secured an important ruling Anne Njogu v Republic which restated the Constitution of Kenya’s prohibition on detention of arrested persons beyond 24 hours in non-capital cases We raised massive awareness on the gratuity theft that MPs are planning. 96.2 percent of the people of Kenya condemned the greed by MPs. We exposed the rot, corruption and torture going on in Kenyan police cells. We have since unveiled a proactive strategy to ensure that Human rights are secured within a rule of just laws framework. Having won the battle of the police cells, we now are back to the just war that we set out to win in the first place. We unequivocally oppose the proposed payment of gratuity to current Members of Parliament in Kenya. We object to this greedy plan. It is criminal that 222 MPs in the 9th Parliament are conspiring to award themselves an amount equivalent to the annual disbursement under the famous Youth Fund; which was intended to raise 79.1% of the population of Kenya who are youth out of poverty. 222 MPS want to award themselves an amount equivalent to what they gave to 21,248,984 Kenyan youth at a time when a Member of Parliament earns in a month what a worker in industrial area works for 10 years to earn! Raw greed indeed! Lazy parliament We also say that the payment of gratuities to MPs in the 9th Parliament is unwarranted first and foremost because they are under-performers who are already paid much more than almost all parliamentarians in the world. This Parliament has distinguished itself by being the only Parliament since Independence which has had no constitutional input – neither adding nor taking away a single comma or full stop to our Constitution. It has done this despite having the people’s explicit mandate given on December 27th 2002 when Kenyans voted for them to change our Constitution to enhance freedoms of the individual and to entrench equity and good governance. Instead they have allowed the Government to embark on a plan to roll back our Constitutional rights in a slow campaign of mass arrests, police brutality and even shootings. Parliament has failed to defend our collective Constitutional rights therefore to life and limb. Even as we speak, the Commissioner of the Kenya Police Force, Brigadier Ali, is trying to mislead Kenyans that unless he is notified, it is illegal for Kenyans to meet each other and speak with one voice. This is nonsense. And what he is doing should be stopped. The 9th Parliament has failed to provide leadership in constitutional reform and has actually served to obstruct whatever progressive acts have emanated from outside the House. It has suffered from such a degree of lack of quorum that in 2007 the budget has on several occasions been debated by less than 10 MPs and billions of shillings passed completely un-scrutinised by our so called representatives. Only a handful of MPs were present when the unconstitutional Media Bill was passed – which means that as their right to freedom of expression and a free press was being assaulted by the Government, Kenyans were totally unrepresented. And now Kenyans are being asked to give all MPs 6 million shillings each for costing us our freedom, and allowing the Government another step to its goal of dictatorship. Collusion with the executive MPs in the 9th Parliament seem to think they are above the law. Only last October the Attorney General said that 65 MPs (one out of every four) could have been charged for mileage fraud, and decided to “temper justice with mercy and forbear prosecution.” It seems that the reason they raised President Mwai Kibaki pay perk was to “bribe him” to offer them this loot and look to the other side as Minister Kimunya signs out billions to help them campaign and ensure that they perpetually rule over Kenya in this style. It is even more disturbing to recall that these MPs shall nevertheless receive pension after quitting parliament! Further its membership has by and large abandoned the political parties on which they were elected and thereby betrayed both voters and the spirit of pluralism. Parliament is currently engaged in a fraudulent act, namely the unconstitutional abuse of its legislative power for the direct personal benefit of 222 MPs. Among the intended beneficiaries of this fraudulent and unconstitutional abuse of office are the President and his cabinet, and the Leader of the Official Opposition. It is clear that there is a conspiracy between MPs and the Executive against the people of Kenya whose taxes are being illegally voted for a very private purpose. MPs are in a situation of conflict of interest and are unable to exercise objectivity on the matter of their personal financial interests. Despite public outrage at three previous attempts to tax Kenyans for selfish reasons, the 9th Parliament is hell bent to vote as a bloc against the national interest. The evidence of conspiracy and fraud is obvious. For instance, the budget which was only read last month did not provide for any gratuity for MPS. Rather the amount MPs intend to vote themselves, were disguised as salaries and benefits for an additional 70 MPs. We are concerned that the current crop of MPs are engaged in a blatant attempt to appropriate to themselves millions of shillings each in campaign funds ahead of the general election that is less than 4 months away. Baby sitting grand corruption in government The 9th Parliament wants us to give them an undeserved gratuity of 1.4 billion shillings, even as it has failed to check Government corruption and has done nothing to resolve such corruption cases as: Goldenberg and Anglo Leasing which sucked up over 200 billion combined and their predecessor scandals such as Ken Ren Fertiliser which cost Ksh 4.4 billion with over 265 million passed by this same 9th Parliament in the Budget for the Consolidated Fund Services (Vote No. R 50 External Debt Redemption Vote Head 164) The Media Bill is only the latest of this government’s draconian laws The 9th Parliament has also passed controversial Bills that have in effect taken Kenya back to constitutional and legally sanctioned tyranny. The passage of the amendments to the Statistics Act to stifle research and dissemination of research findings; the NGO Act to control NGOs; amendments to the Communications Act to curb the operations of a nascent and growing media in Kenya and now the passage of a draconian Media Bill to stifle the development of free press in the country all tell of a Parliament that is hell bent to help the executive fight and oppress the people of Kenya! The Government stands warned that we shall not submit to the return of dictatorship willingly. The media bill is dictatorial. It does not have any place in Kenya. We know that Kenyans cherish their freedom of speech and expression no less than any other rights given to us by the Constitution. We also know that they will defend these rights and guard them jealously. In this regard, we state that the Media Bill is unconstitutional and unenforceable. We call on Parliament and the Government of Kenya to first address matters of national importance, interest and value to Kenyans such as the fact that 46% (17 million) Kenyans live in absolute poverty earning less than Kshs. 68 per day according to the Government of Kenya’s own poverty estimates. This means that over 17 million Kenyans live in unacceptable poverty which manifests itself in the form of – No employment or employment as wage slaves Homelessness Landlessness, and Hopelessness We recall that the MPs of this 9th Parliament have already disregarded the views of Kenyans and shamelessly ignored the poverty of Kenyans and enhanced their salaries to about Ksh 1 million per month. This is over 2 times what was paid to MPS during the entire 8th Parliament’s five year term (1997-2002). Plan of action Our coalition of citizens and organisations and corporate entities opposed to the excesses, indiscretions and abdications of duty by the 9th Parliament therefore announce the following plan of action; We shall on Wednesday August 8th 2007 March on Parliament to present a petition to the Parliament of Kenya, as we are entitled to under the Constitution of Kenya and the Standing Orders of Parliament. We trust we shall be able to present this petition and that at least one Member of Parliament is ready and willing to receive our petition. We shall be joined in our procession by concerned citizens. The petition will demand that Members of Parliament drop the intention of stealing from the citizens of Kenya who they claim to represent. We call upon all Kenyans of good will to turn up at Parliament buildings tomorrow Wednesday August 8th 2007 to speak directly to your MPs against this evil plan. For Kenyans out of Nairobi, we urge each one of you to hang a grey ribbon or cloth on your doors as a sign of calling on your MP to act in the interest of Kenyans and abandon greed. We plan to take certain actions to move President Kibaki and Finance Minister Kimunya into action to drop the Miscellaneous Bill providing for this deplorable gratuity. We have planned to mobilize the country to ask President Kibaki not to sign the Media Bill passed by Parliament last week because it is unconstitutional. We are united with the media fraternity to see to it that the Bill is not assented to law by the president. That any legal provision for gratuity should be applied to the 10th Parliament. At this stage Kenyans attention is also drawn to the miserable situation of many decent and honest Kenyans who have served in the past 8 Parliaments since 1963. That some exist on pensions amounting to Ksh 3,000 per month is a national disgrace. We are sure that Kenyans would prefer that Parliament focus on addressing the plight of these forgotten heroes before taking care of an already pampered and ungrateful lot. We have operationalized various agencies and networks to take appropriate action to seek justice for all those who were illegally detained in police cells. This plan shall also see that focus is turned on the police force which has refused to reform and respect the rights and freedoms of Kenyans. We call on all Kenyans of goodwill to support the civil society and former parliamentarians as we peacefully protest this national scandal. We request our Religious Leaders to act for the poor by using their moral authority to condemn Parliament’s greed and to speak directly to Parliament and the President to end the abuse of our constitutional freedom. We also make a final appeal to each individual MP to vote with his or her own conscience. Is it 6 million shillings now at all costs? The poor are watching you and pleading with you not to take for yourselves what should be theirs. In any case has the 9th Parliament not taken enough for itself already? We will watch and tally the vote. The Parliament of Kenya, each and every single member therein, should take notice that Kenyans ultimately reserve their democratic rights which are not limited to the vote. KENYANS HAVE RIGHTS – KENYANS MUST ENFORCE THEM ISSUED AT NAIROBI THIS 7TH DAY OF AUGUST 2007 BY THE UNDERSIGNED PERSONS

UNMASKING THE TRUTH: WHO THE REAL RAILAPHOBICS ARE?A GEOFFREY MAKEKE AND SERO DEPASCO ANALYSIS

UNMASKING THE TRUTH: WHO FEARS RAILA? BY SERO DEPASCO Habari za Geoffrey I agree with you, Kenyans have been blinded for way too Long and that's why Tribalism is still a very big factor in Kenyan Politics and society as a whole. We all know that Were it not for Tribalism Raila would have been an obvious choice in the next general elections, but we live in a society where Tribalism adn Nepotism is rampant and is the prder of the day. It's people like you and I who can bring an end to such rudimentary backward behavior which as we now has no place in Todays World. How are we going to ba able to Compete with the rest of the world if every descion we make is based on Tribalism. The Previous and Current Goverment have know htat Tribalism would polarize the Country and that gives them a chance to maintain Status Quo. We live in a society where we respect and even fear people just because they have money, even if we know that this money they now have was achieved in very unscrupulous manner. Some times we suffer and our lives negatively impacted because this same guy we now respect greatly missallocated funds that were to be used to Complete projects that would improve out lives e.g Completion of a feeder Road that would positively affect they rest of us in the community. Our mothers would be able to bring their produce to the local market to sale for some capital. Now this so called Man we now so dearly respect misallocated the Fund hence absence of the Road translating to no Capital in hte Community. We should start by giving respect and Honor to whom it's due. For the last 20 years we know the folks who have done everything so we the regular people can enjoy the space we currently have in the country. Kibaki was in government when JM, Tom Mboya, Robert Ouko amongst others were assassinated for speaking for us. Look at the Kenyan Political Landscape or goverment, where are the people who fought and are fighting for our second liberation? Where are all those University Student leaders of yester years, were they not silence by the Goverments and powers that be, where are they Now?? their fight has made if possible for us to speak now, we must give these guys the highest accolades for the fight adn we must not let them Down at this Crucial junture. I support Raila and his ODM movement where real change will come to the Country. The New Constitution with 100 day we were promised say alot on how we have been taken for a Ride once again Come December we can bring an end to this Non sense. In my opinion spoilers like Kalonzo should be thrown away to the Dogs for good. BY GEOFFREY MAKEKE geoffrey omedo wrote: The development of the Kenyan state has to override tribal jingoism perpetrated to a large extent by a conservative clique of yesterday’s cliché and elite. That Hon. Raila’s money was rejected in a Karatina Hotel seems to expose the real group afraid of a Raila presidency, not in a tribal way but rather in a capitalist way. I have always argued that Railas candidacy is one for paupers and the oppressed. His popularity is not as a result of his friendship with the rich, but rather his closeness to the heart of the nation, the people on the ground. The invisible and countless Johns, Janes, Margarets who aspire for a better country. The people who aspire to reduce political state control and manipulation, the people who wish to be honoured as being truly Kenyan and whose wish is to see a country devoid of the blatant misuse and abuse perpetrated by the ruling elite. The people who pray for full equality safeguarded by a complete constitutional order, a representative regional balance in running of the affairs of the country, and in general, a real reason to celebrate their being Kenyan. These are the drivers for a Raila presidency. The threat of a Raila Presidency cannot be felt in the masses whose sole pre-occupation is a means of sustained livelihood. Theirs is not a struggle waged for huge conglomerates of business empires that have been corruptly built over the years. Theirs is not a fear of protecting the wealth corruptly amassed over the years by the highly connected political operatives of a post-colonial Kenya. The major struggle for the rural peasantry who have learnt to appreciate the real worth of Hon. Raila is the struggle for survival. To them insecurity, poverty, corruption, disease, illiteracy remain huge impediments to their daily development. To them reports of an improved economy do not reverberate any signs of hope, but are just distant belches of a greedy elite. Which would bring us to the question? Why would a business turn away a prospective customer with all the means to pay for the service of which he is constitutionally guaranteed to receive? Does it mean that some Kenyan currency is illegal? When did the driving factor in business change from the quest for profits to a platform for sustaining political support? This scenario draws amazing parallels to the apartheid era in South Africa and the fights for civil rights of the black community in America. But in an interesting way, it clearly puts the faces to the grotesque class of the financially affluent elites scared stiff of a Raila presidency, the railaphobics. This act alone shows the motivation of this breed of Kenyans, whose sole pre-occcupation is to sustain status quo. They cannot fathom a person of complete reform credentials like Raila assuming power because they understand that the economic shortcuts that they have been taking since independence will have been dealt a fatal blow. They are shivering to their very bone, right now and using all their riches to paint him as the devil incarnate. Even Moi, a key ally of this group is scared stiff and has recently taken to courting with Kibaki to block the changes aspired by the Kenyan society. The Kalonzos of this world are simply pawns in a game of the rich, and will remain to be so. The Railaphobics beware! Your time is up and the time for truth is nigh. The country needs to begin afresh, and it will overcome. Attempts by Moi and Kibaki to win the forthcoming elections in boardrooms will come to nought. The masses will be waiting for the ballot, and they will read all you railaphobics the riot act. Kenya cannot continue being a country run by the treacherous, selfish and conceited rich. Superiority of tribe in numerical numbers does not justify a tyrannical dispensation by the majority. The people will support Raila because he is the best historical tool to break the appendages of Kenyattas regime, whom Moi pampered for his political survival. Kibaki is currently babysitting them, and the hotel owner in Karatina has exposed them to Kenyans. The clock is ticking!!!!!! Geoffrey Makeke KYVA

POOR PEOPLE'S PRESIDENT BY GEORGE NYONGESA

Poor People's President Very thoughtful correlation of Raila and the masses by Geofrey. You are very right the undoing of Raila is that the rich see him as Poor People's President. Raila represents a person who is anti-exploitation system set up by white collar thieves. Can you imagine if an Asian in industrial area had a dream that Raila has been inaugurated as 4th President of Kenya, he would jump off the bed in huff, because that is a nightmare. And there are so many Asians in Kenya, some are black skinned as you and I. See the Kenyan ruling class are the employers in this country. What do you think they feel like when they think of Raila becoming the president? They see someone who represents a problem, why because, Kenyan employers exploit employees but the employees do not have avenues for seeking retribution. So Raila represent who can institute a bill that will have to increase minimum wage and that is a nightmare to some people. You can imagine how the whites used to feel at the thought of Dedan Kimathi becoming the President of Kenya, for sure, nightmare. On that note I would also like to challenge Raila supporters to grow up and stop behaving like small kids, getting excited at the thought of mummy bringing home sweets and there you go berserk and scare away some of Raila's admirers and sympathisers. We are wired differently and some of us our make up doesnot allow to go helter skelter like a well fed calf. Some Kenyans may not be screaming on the roof top as it is habit of some of you but they are genuine supporters of Raila and they're busy influencing votes for Raila without necessarily you knowing that. Friends, however much you love Raila, politics is a game of numbers and those outside are the ones that need to be caughted carefully and persuasively not by your self-styled Raila 'damu' attitude. At the risk of behaving like the behavior I am against I have written that