DOCUMENTED ON 20TH MAY 2009

Dear Comrades This is not necessarily to beg for any attention but yesterday I received a phone call at 3.36 PM from Billy ;Simon Mbugua’s bodyguard. The content? That I had written something on facebook that offended his boss and I was 'spoiling his work’. The writing was about the members of parliament who are usually bribed to vote in a certain way in favour of corrupt ministers. It was in reference to what the member of parliament had said the previous day as I watched news on TV.I had made it known that the MP was admitting his own deeds. It was about the maize issue, typing errors and the MPs for hire. On the same issue I was supported by. James Wamusa Kariuki who is an internet activist. He used more adjectives in his description of the MPs for hire. So in the phone call I was asked to confirm if I was the one who had written the comments which I said yes. I told him I was pointing the issue out without any malice. He then told me that for me to be safe then I should produce Wamusa so that they’ deal with him’. The guy insisted that we meet. I told him I was not in a position to meet him because I was held up in Hurlingam (though that was not where I was).after a few minutes the guy called me and told me that he had driven to Hurlingam and he wanted us to meet. after a while, a lady(Rosemary, Simon's Secretary-who is my friend on facebook)who had been near them when they were coming to meet me in Hurlingam told me I shouldn’t have written that stuff, that she was afraid of what would happen to me. So I avoided meeting the guy and told him that I was in someone's home and wouldn’t manage to meet him then. I then called the lady and asked her what the guys wanted. She told me she didn’t know .The guy called. At 5.03 pm, the guy told me I was lucky, because the time of the assignment had elapsed and he insisted that we should meet. I told him we meet the following day (today) but I must produce Wamusa.I told him I only know Wamusa on facebook.That I don’t know him in person. I talked to a number of friends. Sent a sms to Philo Ikonya, Mwalimu Mati, George Nyongesa, and Absalom Matende And Mwangi Mukami and other people I consider friends. I have made many phone calls most of whom have responded with concern. . Wamusa advised that we report to the police first something Philo endorsed when I sought her advice. I tried to get in touch with Wamusa and today we recorded a statement with the CID.OB NO.24/20/05 entered at the Kasarani police station. The DCIO said that he is going to do investigations based on the information I had provided. As I write there is a friend of mine called Benson Bii who has just called me and told me that Billy was in company of five other unknown guys and they were so angry and were looking for me. He has told me that I should talk to the guys so that I am safe. He has called me with caution and concern. This evening I consulted several people who advised me that I shouldn’t hold this private. I too called the KNCHR vice chairman Hassan Omar Hassan. They told me I should scream loud. I had previously shared this story with just a few people but now I have even shared it on facebook. Am screaming, screaming loud but still against bad governance, corruption, impunity and still wants the Waki report implemented now. I aint a coward, but its important for you to know this…I guess. If anything happens to me ask Simon Mbugua and/or Richard Mugwae (central OCPD who threatened me earlier when we were arrested with Philo when we protested over food prices and the maize scandal. Fwamba NC Fwamba0721779445

http://www.ydinlehti.fi/ydinjutut/kenia-el%C3%A4%C3%A4-ihmisoikeuksien-pime%C3%A4%C3%A4-kautta

Kenia elää ihmisoikeuksien pimeää kautta PHILO IKONYA 15/05/2009 Väkivalta ja valtioterrori on ajanut kansalaisyhteiskunnan ahtaalle Keniassa. Aktivistit eivät enää vain kamppaile oikeuksista, vaan yrittävät rakentaa niiden kulttuuria kokonaan uudelleen, kertoo Philo Ikonya. Pian sen jälkeen kun kaksi ihmisoikeusaktivistia tapettiin vähäliikenteisellä nairobilaisella kadulla, aivan State House Roadilla sijaitsevan ylioppilasasuntola numero kymmenen ulkopuolella, tekstiviestit alkoivat lentää puhelimesta toiseen. Eräs naispuolinen aktivisti kirjoitti minulle: – Philo, huomaan nyt, että en ole ennen nähnyt asioita juuri sellaisina kuin ne ovat. En uskonut, että elämme näin pimeää aikaa. En voi uskoa mitä juuri tapahtui. Jos katoan tänään, tiedät kuka minut on vienyt. Salamurhien tarkoituksena oli tuhota koko kansalaisyhteiskunta pelolla. Kauhun halvaannuttamat ovat kykenemättömiä ilmaisemaan mielipiteitään tai järjestämään tapahtumia. Tämä on pimeä aika Kenian aktivisteille. Aktivistit valtion silmätikkuna Kun aloimme vaatia maatamme takaisin viime vuoden äänestyksen jälkeiseltä väkivallalta, emme osanneet arvanneet laittavamme myös oman elämämme likoon ihmisoikeusaktivisteina. Mutta näin tapahtui ja se on totta. Kenia ei ole valmis ymmärtämään soihdunkantajia, jotka puolustavat totuutta, eivätkä kauhistuttavat asiat ole menossa pois. Kamontho Githinji on nuori mies, joka ei ole nukkunut omassa talossaan kuukausiin. Hän asuu Muthurwan naapuristossa, jossa hän ajaa yhteisön oikeuksia aina terveydenhuollosta kokoontumisenvapauteen. Hän ei ole painanut päätään tyynyyn samassa talossa neljään kuukauteen. Hän liikkuu talosta taloon, joskus vieraillen ystäviensä luona ja joskus äitinsä talonssa, sillä hän tietää että häntä tarkkaillaan. Githinji on saanut uhkauksia monissa eri muodoissa. Hänen oma kännykkänsä, jota hän tarvitsee niin kovasti, on myös hänen pahin vihollisensa. Siihen tulee koko ajan puheluita, joiden tarkoituksena on vain ilmoittaa, että hänen olinpaikkansa kyllä tiedetään. Tästä huolimatta hän ei tule lopettamaan. Githinji on juuri se henkilö, joka kutsui kokoon mielenosoituksen maissinvientiä vastaan aikana, jolloin ainakin kymmenen miljoonaa kenialaista elää nälänhädän uhan alla. Kutsu oli hyvä, ja Fwamba N.C. Fwamba ja minä liityimme hänen seuraansa. Meidät pidätettiin, ja poliisin pahoinpitelyn jälkeen päädyin sairaalaan. Tämän jälkeen meidät vietiin oikeussaliin, jonka jälkeen meillä kolmella on yhteensä ainakin viisi syytettä. Meitä syytetään rikoksista tasavaltaa vastaan, ja pidätysmääräyksissä puhutaan aina laittomista kokoontumista. Pinnan alla toivo muutoksesta Muistan sen illan, kun Fwamba päästettiin sairaalaan. Hän lähti sieltä kotiin koska hän ei ollut halunnut kertoa nuorelle vaimolleen, jonka kanssa hänellä on pieni lapsi, että hänet oli pidätetty ja kuinka hänet vietäisiin sieltä vankilaan. Hän lähetti monille meistä tekstiviestejä ja kertoi suurista peloista, sillä hän oli varma, että häntä seurattiin jopa julkisissa kulkuvälineissä. Hän pystyi erottamaan tummapukuisia miehiä, jotka aina silloin tällöin seurasivat hänen jalanjälkiään kaupungin halki. Heihin viittaaminenkin oli kauheaa, koska viimeksi aktivistit, jotka puhuivat pukumiehistä, tapettiin. Ennen kuin asiat olivat näin pahasti, Kamotho, George Nyongesa, Fwamba ja minä puhuimme eri alojen ihmisille maastamme ja muutoksen tarpeesta poliittisissa piireissä. Menimme juniin, jotka vievät ihmisiä esikaupunkeihin, ja puhuimme muille matkustajille korruption sietämättömyydestä. Samalla keräsimme rahaa ostaaksemme maissia niille, jotka nääntyivät kaduilla tai kuivuudesta kärsivän Kenian alueilla. Yhtenä viikonloppuna arvioimme, että olimme puhuneet 800 ihmiselle, joista osa oli pysähtynyt vain ilmaisemaan iloaan, eivätkä edes kysyneet mitään. He vain sanoivat olevansa kyllästyneitä ja kysyivät mitä voisivat tehdä. Ei olekaan ihme, että meidän kimppuumme käytiin niin pahasti. Maailmanvallankumous ei ole koskaan kaukana ihmisten huulilta. Puhuessamme heidän kansssaan se mainittiin uudelleen ja uudelleen. Keniassa on aktivisteja, joista jotkut johtavat ihmisoikeus- tai muita järjestöjä, joiden agendat ovat joskus samankaltaisia. Samwei Muhochi johtaa International Medical Legal Unit -järjestöä ja pitää mielessään että aktivistit tarvitsevat tukea. Hänen järjestönsä todellakin maksoi takuumme joka kerta, kun meidät pidätettiin. Ei ole yllättävää, että hänestä tuli uhkausten kohde. Tästä huolimatta myös on olemassa muita ihmisoikeuksia puolustavia järjestöjä, joiden mielestä muut aktivistit ovat harmittavia. Ne eivät näytä oppivan, että solidaarisuus on avain alistavista ajoista ylitsepääsemiseen. Luomassa yhteiskuntaa uudelleen Ann Njogu, Centre for Rights Education Awareness -järjestön johtaja ja perustaja on toinen dynaaminen aktivisti. Hän myös on saanut monia uhkauksia ja on huomattavan rohkea uskaltaessaan puhua selkeästi asioista, joista korruptoituneet tahot haluavat ainoastaan vaieta. Ihmisoikeusaktivistit, jotka ammuttiin, ja muut joita uhkaillaan, tuomittiin lopullisesti heidän tehtyään työtä YK:n erikoisraportoija Philip Alsonin laatiman raportin eteen. Siinä kerrottiin tuhansista laittomista kuolemista ja katoamisista, joiden olemassaolosta poliisit eivät halua edes kuulla. Kaiken tämän vahvistavat tutkijat ja ihmisoikeusjärjestöt ja jopa poliisista eronneet todistajat. Poliisikomissaari Ali sanoi, että raportoija oli tehnyt huonoa työtä ja laittoi raporttiinsa asioita, jotka olivat olemassa vain hänen mielikuvituksessaan. Kenian armeija, joka mainitaan raportissa Elgon-vuorella tapahtuneiden puolisotilaallisten joukkojen toteuttamien tappojen yhteydessä, on myös kieltänyt raportin löytöjen olevan totta. Hallitus sanoo Philip Astonin kuvittelevan kaiken. Tämän kahtiajaon keskellä väkivallan kieltäminen ja aktivistien haukkuminen valehtelijoiksi tai ihmisiksi, jotka haluavat tulla länsimaisten kehitysyhteistyötahojen ja palkintojen antajien huomaamiksi, asettaa kenialaiset aktivistit vaikean asemaan. Mutta pahinta on, että aktivistit eivät ole keskenään yhtä mieltä solidaarisuudesta tai tavoista suojellaa toisiaan. Tämä tekee heidät haavoittuviksi ja pelko jättää kansalaistoimijat heikoiksi. Siksi tämä on urheiden hetki: urheiden ihmisten ei pidä keskittyä vain omaan työhönsä, vaan rakentaa koko kansalaisyhteiskunnalle mahdollisuudet luoda itsensä uudelleen. Philo Ikonya on Kenian PEN:n puheenjohtaja. 2009/2

LOOTOCRACY

THE SEX BOYCOTT:A REVOLUTION IN THE MAKING

The sex boycott as called by a caucus of women leaders called G10 is over. I have read and heard all kinds of reactions both positive and negative from both male and female members of the Kenyan society. These reactions have really made me discover how strategic and important the sex boycott was because the pronouncements by various people have made it so much highlighted in most if not all households, the media and in general areas of social interaction including churches, bars and conferences.. Am so surprised the way some individuals have been making unfounded arguments including claims that the sex boycott is bait for donor funding for some NGOs. In my own understanding, these organizations have always been funded for many years even when they had not called for the sex boycott. In my opinion, these critics are shallow minds who don’t happen to analyze matters from’ the bigger picture’ point of view. Others have insinuated that the women leaders are not married and that kind of crap thus trivializing the whole matter. I have no permission from Ann to write this but I know she is the wife to Mr. Leonard Njogu whom I know. Even those whom the critics accuse of not having husbands had never before publicly declared to you that they were on a sex boycott…but this isn’t my intention for I don’t want to respond to trivialities. This has made G10 to be pacesetter for reforms and it’s an opportunity for me and you too to encourage and even join them. This discussion is what has eventually provoked Kenyans in all households to ask themselves why the boycott was called. It was a protest against bad leadership and endless wrangles between the two forces of the coalition PNU and ODM under the supervision of their respective principals. According to me whoever came up with the idea had a very creative mind.thogh sex is such a sacred, secret and silent word, its one thing that people always talk and think about especially those who share intimacy. The one week boycott was a sure way of encompassing everyone since most of the sexually active individuals especially married couples are the middle age who have a duty and ability to bring change to the country. Truth be said, most of these people will have sex at several times a week. Thus seven days is long enough for a man to know that he is missing something important. It’s true that there are men in this country who don’t care about the state of our nation and the difficulties our country is going through because of bad leadership. They are beneficiaries of all comforts including enjoying all privileges in company of their spouses. I want to believe that by calling for sex boycott, the g10 were in solidarity with many other people, who by virtue of circumstances are not able to have such opportunities. It’s just like fasting in solidarity with the hungry. You can easily think of those internally displaced persons (IDPs) who do not have that comfort of enjoying conjugal rights with their spouses because of space and lack of privacy. Think of those people who are sexually incapacitated due to inability to afford medication. Think of those people who are too hungry in this country and have no energy to indulge in sexual pleasure. So if you didn’t have sex the whole of last week, then you can easily imagine what other couples with the aforementioned problems go through. It’s good enough for you to stand today and demand that every Kenyan man is in a position to enjoy life the way you do. As Kenyan men, we need to stand and demand for justice to all. This will maybe make us maybe look worthy before our women. It’s therefore a call all of us should heed and advance and stop looking at it as a sex issue parse but as an issue that culminates into us awaking ourselves and being able to address all evils and poverty of leadership in our midst. All these problems if well analyzed are directly linked to the wrangles in the coalition government. Am sure that once there is order in government, then all government activities will run well and progressively. So I believe the so called youth are the bedrock that can force real political orders in any state, the sex boycott is a direct call upon them to rise up and do something. I know in general circumstances, a man who doesn’t provide is harshly judged by the society, and so is the man who sees many things wrong happening in the country and he does nothing about it. He really deserves to be taken to task to do a duty of showing or taking part in telling leaders to behave lest he doesn’t deserve any privilege….And women having taken the to the forefront while men were sleeping need to be lauded, for that is a serious way of waking up the good for nothing men. Am quite sure that if men decided to get out and do what the women said then it will be easy for us to go to them and say….yes now I have played my role in the society. I have made my contribution….hey I deserve to be treated like a man. if we are men enough, let us take that challenge from women, don’t sit on the sidewalk and just criticize or be creative enough to come up with all kinds of ideas that can keep us enlightened and encouraged to feel and work towards implementing the required reforms in this country which can help us ensure good governance and corruption free society. It is the same creative minds that will rid us off bad leadership. I do encourage the G10 because am sure if Kenyans focused seriously on the significance of this boycott, it’s the same that will make Kenyan men rise up to defend this country and save her from political hyenas. AND since Kibaki and Raila have not yet found a common ground of working in the interest of Kenyans, I think now, we need another boycott. Its time for t reactionary critics to be creative enough and come up with an idea FWAMBA NC FWAMBA BOX 41046-00100 0736170218/0721779445 http://kenyayoungvotersalliance.blogspot.Com

A LEADER OTHER THAN KIBAKI OR RAILA COULD BE A SOLUTION TO THE KENYAN EQUATION

Kenyans who hold various leadership opportunities hold responsibility in putting back our country to the right course. The grand coalition government has reduced itself to playing the role of having meetings whose only purposes are to discuss on how to work together without wrangles. While ODM side seems to favour the national accord as the basis of the guidelines of the function of the government, the PNU side is determined to keep on defining government as per the provision in the constitution of Kenya before the 2008 national accord. PNU appears to be of little respect for the national accord which got entrenched in our constitution after the agreements between the two principals on behalf of their parties after the post election violence. So far it has attested that it will be so hard for anything of great benefit to the ordinary citizen that will be implemented jointly by both sides of the coalition. Going by the sequence of events especially the public declaration by the Prime Minister that he had been pushed so much to an extend of supporting a snap election which he had opposed earlier are a pointer of worsening situation between the two sides of the coalition. While demanding to be the leader of government business and chairman of house business committee the Prime Minister declared that his interpretation of the national reconciliation act was that he was Prime Minister both in and outside parliament while PNU side claimed that the premier’s responsibilities were limited on prefecting ministries and to quote one of them that the parliament is not a ministry. It clearly shows that while most of Raila’s political lieutenants have no love lost for Kibaki, the PNU diehards appear to have contempt of the Prime Minister that it will really take a fool to imagine that Raila’s supervision of ministries is not limited to those that are headed by ODM ministers. It is so much noticeable that the Prime Minister who is supposedly the coordinator and supervisor of all ministries, deserves respect from the ministers whether PNU or ODM given that he is supposedly their boss. Most of the PNU ministers have never hidden their contempt for the Prime Minister recalling the comments made by some of them when the Prime Minister complained about shoddy reception when he visited Mombassa some time last month. Some of the public pronouncements made by the Prime Minister are so disturbing given the continued hypocrisy that we have one government in place. It was so sad for the Prime Minister to publicly abuse the president that he was running the government primitively. That was the final impression that things in the coalition are headed for a collitssion. Impunity has become part of life in Kenya that even leaders are not responsible enough to tame their tongues when making public pronouncements. The kazi kwa vijana initiative by the government should be lauded. It’s such a bright idea that leaders have come to realize that the future of the nation can only be invested in the young people. As a sign of good gesture, let it not just target the youth on lower cadre jobs but also focus on appointment of the young people in positions of policy making as was promised by both Raila and Kibaki during the presidential campaigns. However Kenyans must read signs of times and know that given the kind of political leadership we have it will be so hard to implement some of the great ideas drafted by the policy makers. This is because of the difficult in fighting corruption given the divisions in political leadership which will as well lead to inefficiency in a number of government departments. The squabbles will definitely slow our economic growth and lead to increase in crime as the trend has already shown. It is in the same futility that reforms that favour ordinary citizens will never be implemented under this coalition government. This administration might only be remembered for presiding over the five years of peace and suffering because apart from bringing peace among Kenyan communities the coalition government will be remembered for presiding over the suffering of Kenyans in the name of fighting for and over power. Kenyans are so desperate that they want someone sane, daring and intelligent enough to show us the way out. This is why I don’t find anything wrong with Kenyans calling for early elections to elect a government that has peoples mandate. That according to me was the kind of leadership ever required from the church leaders and it was long over due. The elections will save us from the five wasted years of peace and suffering. It’s this kind of scenario that I find speaker Kenneth Marende’s ruling about the house business committee in parliament palatable. Marende’s ruling showed that what Kenya needs first is good and responsible leaders. It also showed that most legal experts have corrupted the law and they only interpret it to suit their own political aspirations or those of their masters. it is the kind of leadership lacking in majority of Kenyans in using their positions for the sake of the country instead of being held at ransom by the squabbles between Raila and Kibaki.this is the aspect of leadership that is lacking in the civil society whose only role has been reduced to addressing press conferences and justifying donor funding while living in their own world thinking that workshops in big hotels and press conferences will ever bring change in this country. That will only bring change in the lives of the owners of those organizations. Let all people in all sectors rise up and make their voices heard up to the grassroots. It too sounded ridiculous but I found it somehow encouraging when some women leaders introduced the sex boycott as a way to compel Kibaki and Raila to take the country to the right direction. Being a man of course I don’t support this move but I think it’s laudable because it makes people talk. To me it was a way to reach out to the masses. Remember, it’s over a month now since the cabinet met. Unlike in the past, both Kibaki and Raila and other senior government officials snubbed the Labour Day celebrations. labour day celebrates the working population of our nation thus represents the productivity sector. It’s foolhardy to continue believing that the two gentlemen can solve any of Kenya problems apart from keeping us peaceful and non violent. People who serve much unknown leadership sectors might be the ones to save this country and not necessarily Kibaki and Raila or your common people addressing the press conference saying ‘way forward’. What these people only need is the attention and an ear. Maybe our media is giving too much attention to people who are no longer relevant as far as real reforms are concerned. We need to just learn a few tricks from Marende and all of us will discover how we can use our opportunities and wisdom to make to our nation shine at this hour of need. You may be the one holding the key to this quagmire. Just act and you might be the ultimate savior. FWAMBA NC FWAMBA BOX 41046, 00100 0736170218/07217794 45 http://kenyayoungvo tersalliance. blogspot. com http://fwambancfwam ba.blogspot. com http://fwambancfwam ba.wordpress. com

The appetite of a notorious expansionist: Danzig for Hitler, Migingo for Museveni?

The border crisis between Kenya and Uganda is a reminder of some of the historical facts related to both ancient and modern conquests. History has proved that border disputes or the urge for territorial expansion is no new thing. The appetite of all political expansionists has always appeared insatatiable.that is why inasmuch as the Kenyan and Ugandan governments are looking for the surveyors to ascertain the real borders in Lake Victoria; Ugandan troops are busy shifting the Kenya Uganda border beacons in west Pokot.this behavior by the Ugandan government could be a time bomb for Kenya. The behavior exhibited by the Ugandan troops is a very high level of provocation. If in Migingo they were using survey maps as an excuse, then what is their excuse for invading Kenyans borders in the north. If we look at the Norman conquests of England in AD 1066 by duke William of Normandy, and Adolf Hitler’s attempts to conquer the whole of Europe in precedence to world war two, then we can easily guess what kind of person president Museveni is given his stay in power on the Ugandan presidency, presiding over and ‘winning’, flawed presidential elections, appointing his close family relatives to senior political offices in the country and his behavior on the border points exhibit someone with insatiable appetitive for power with expansionist tendencies. The Norman conquest of England took place in 1066. At the beginning of 1066, the Anglo Saxon ruler of England, Edward the Confessor was on his deathbed. Since he had no children, there was no direct heir to the throne and he had not publicly designated any heir to succeed him. (Read) the confusion in the grand coalition after a failed electoral process where there was no clearly or generally accepted winner) After Edward the Confessor died on January 5th, 1066, he was succeeded by Harold Godwinson, whose sister was married to Edward the Confessor. He claimed that Edward the Confessor had anointed him the successor on his deathbed in the presence of the queen. Since Harold Godwinson was a powerful lord in the country, he soon received the approval of the Witan, the decision making body who could decide who would be king. This was resented by William of Normandy (a region in Northern France today). He was distantly related to Edward the Confessor and claimed that Edward the Confessor had promised him the throne of England on his death. Duke William had readied himself to invade England which included parts of France like Brittany and Flanders. Duke William and his army crossed the English Channel and landed in England on September 28, 1066 A.D. On hearing the news of the Norman army landing on the English coast, Harold Godwinson marched south with his army to battle the Norman invaders. He halted briefly at London, to gather more people. This was a strategic mistake as his army was tired and could not match the Norman invaders at the battle of Hastings. King Harald of Norway (commonly known as Harald Hardrada) was one of the many claimants to the throne of England. He believed he had a right to the throne of England based on a treaty between the King of Norway and one of earlier Kings of England. In early September 1066, Harald invaded northern England with a fleet of 300 ships and about 15000 men. He was assisted by the estranged and exiled brother of Harold Godwinson, Tostig Godwinson. Initially the Norwegian invaders were successful and were able to capture the city of York. The army of Harold Godwinson was rushed to the north of the country to battle the invaders. A fierce battle took place at Stamford Bridge on 16th September 1066, and the Norwegian invaders suffered a crushing defeat. King Harald of Norway was killed in the battle. Out of the 300 ships that had reached England, only 24 could return with the injured warriors. Though the English army was victorious in the battle of Stamford Bridge, it also suffered losses. It was in a battered and weakened state which adversely affected its capacity to repel the Norman invasion of England The Norman story informs me that Museveni might have been planning to invade Kenya for some time and he seems to be well prepared for the war. Given his stubbornness you never know which other parts of Kenya he is soon going to either quietly invade or claim that they belong to his country. History has proved that expansionists will use flimsiest of excuses to intrude other states including use of gangster diplomacy. It’s widely believed that those people who gained power by the guerilla operations have little regard for human life and going to war to them is no big deal as long as its aimed at satisfying their urge to expand territory. Its has even been alleged before that Museveni is a believer in Mao Tse Tung’s ideas including the belief that power comes through a barrel of a gun . The scenario also replicates the tricks Hitler used against his neighboring countries in 1938 with an intention of being able to have political grip of the whole of Europe through military conquest. By the beginning of 1939, Adolf Hitler had become so bold that he tried to steal two separate neighboring territories at the same time. While he was focusing on taking Czechoslovakia, he was also pressuring Poland to give him the former German city of Danzig located on the Baltic Sea. And he wanted the Poles to permit construction of a new super highway and railroad stretching from Germany through Polish territory into East Prussia. The territory in question was known as the Polish Corridor, a narrow strip of land which gave Poland access to the sea and cut off East Prussia from the rest of Germany. Poland had been granted this sea corridor after World War I by the Treaty of Versailles, which also designated Danzig as a Free City operating under the supervision of the League of Nations. Making matters worse, Poland's military leaders had connived with Hitler to steal a small piece of Czechoslovakia back in October 1938. Thus they were more susceptible to being pressured by the Nazis into some kind of agreement concerning Danzig and the Polish Corridor. Hitler and Nazi Foreign Minister Ribbentrop held several meetings with Poland's Ambassador to Germany, Josef Lipski, and with the Polish Foreign Minister, Józef Beck. But the Poles said they had absolutely no interest in compromising with Hitler and bluntly informed the Nazis in late November 1938 that any attempt by Germany to grab Danzig "must inevitably lead to conflict." Thus far, all of Hitler's conquests had resulted from his successful use of gangster diplomacy. But now, for the first time in his career, Hitler had encountered an opponent that would not give in. Hitler responded to Poland's defiance by ordering his generals to prepare to take Danzig "by surprise." Meanwhile, Hitler had managed to annex what remained of Czechoslovakia. But it had been a costly move on his part. Outraged public opinion in England resulted in a tough stance taken by Prime Minister Neville Chamberlain and a firm declaration on March 31, 1939, that Britain, with the backing of France, would fight to save Poland. In May 1939, Soviet Foreign Minister Vyacheslav Molotov gave a speech hinting that the Western Allies should get busy and talk to Moscow soon or there might be some kind of agreement forthcoming between the Soviet Union and Nazi Germany. Although Hitler had repeatedly professed his own hatred of the Communists, he decided to pursue a non-aggression pact with Stalin to avoid the possibility of having to fight a war on two fronts at the same time. Hitler's master plan was to crush Poland with lightning speed, then turn westward and knock out France and England. It was therefore necessary for the Soviet Union to remain neutral, otherwise Germany might have to fight the Allies in the west and the Russians in the east. After the Western Allies were knocked out, Hitler intended to turn his armies eastward and wage his long-awaited battle for Lebensraum against Stalin's Red Army. In addition to this, Chamberlain made a series of diplomatic blunders that allowed Hitler and Ribbentrop to gain momentum. Chamberlain's negotiators didn't even arrive in Moscow until August 11. By that time, the Nazis had been hard at work laying the groundwork for a Nazi-Soviet pact. Once again the Soviets responded kindly and agreed to see Ribbentrop on the 23rd to seal the actual agreement. The two Foreign Ministers, Ribbentrop and Molotov, thus signed the Nazi-Soviet Non Aggression Pact in a ceremony at the Kremlin building attended by Stalin himself. Hitler had now gotten what he wanted. He would not have to fight a war on two fronts. And Stalin got what he wanted. According to a secret protocol attached to the pact, Stalin was granted a free hand in Eastern Europe to steal back several areas lost to Russia at the end of World War I, including the countries of Latvia, Estonia and Finland, the province of Bessarabia in Romania, and the entire eastern portion of Poland. Hitler was quite willing to be this generous to Stalin, knowing all along that he intended to destroy the Soviet Union in the not-too-distant future. The Nazi-Soviet Pact sealed the fate of Poland, a country that was geographically isolated from its Western Allies, thus making direct military aid nearly impossible. Poland's only hope for survival would have been an alliance with its next door neighbor, the Soviets. The news that these two cynical, ruthless men, Adolf Hitler and Joseph Stalin, had made a pact with each other shocked the world. Everyone knew what it meant - that a new world war was all but certain now. All that remained was for the Führer to say when. These are the same characteristics that defined Alexander the great’s conquest between 334BC until his death in 323BC.the more he conquered the more he wanted to conquer. Hitler’s tricks about interfering with other states territorial sovereignty is no different from what now appears to be Museveni’s well planned interference with the sovereignty of his neighbors considering the recent squabbles with the democratic republic of Congo over the lake Albert boundaries,kenyas Migingo island and now the west Pokot beacons. Given these historical scenarios which are only but examples we seem to be faced by a more serious problem than we may imagine as Kenyan citizens. it indicates that any form of military provocation is usually well preplanned by the aggressor and that the aggressed in most cases is found unawares or ill prepared and also that other neighboring states will easily realize the weakness of the assaulted nation and also attempt to take advantage and try to annex that land. In conclusion it is advisable that Kenya ceases to continue entertaining Museveni diplomacy and embark or securing our borders more aggressively lest we might end up just getting invaded by other neighboring states who might easily think that we are easily beatable. I therefore beseech thee the commander in chief and president of this country to act over Migingo and Pokot west in the earliest opportune moment to regain the pride of our nation.Museveni might be buying time as he prepares for assault with an intention to have personal whims to decide what part of Kenya belongs to Uganda and what does not. If Kenya doesn’t take action, this Ugandan president might easily claim just like his country’s former despot Iddi Amin that, Uganda extends up to Naivasha. FWAMBA NC FWAMBA

IS THE CONSTITUTIONAL PROCESS THE ONLY REMEDY TO THE KENYAN POLITICAL QUAGMIRE

'IS THE CONSTITUTIONAL REVIEW OUR ONLY REMEDY The constitutional review has been a song sang since early 90s by majority of Kenyans under the leadership of a number of civil society organizations like the National Constitutional Executive Council. Activities of such organizations helped us attain an awareness level to most of Kenyans on the importance of reforms through constitutional review. However it’s unfortunate that it’s almost two decades since the introduction of multipartyism whose campaign was spearheaded by a number of the current people in government. The constitutional review process has instead become a serious impediment to any reforms in this country because Kenyans have been made to believe that real change can only come through a constitutional review. this has also given opportunity to those who are anti reforms to have a clear picture of what would stand on their way in maintain the status quo.therefore the anti reform forces who are beneficiaries of corruption which includes irregular land allocations to use all their energies and positions of power to ensure there are no reforms that might interfere with their comfort. It’s also notable that most of those who agitated for change while in opposition changed their language immediately they got opportunities to serve in government. It’s a known fact too that a number of non governmental organizations exist on the sole reason of pursuing constitutional changes in the country and the general feeling is that they will be rendered insignificant once the we have a new constitution. Given these circumstances, Kenyans need to redefine a new way of implementing reforms or rather having a new constitution without involving the usual stakeholders who have been squabbling over the way to the reforms. If we still believe that reforms can only be achieved through constitutional review then we need to have different players other than politicians or those with vested interests. It has been a daunting task for Kenyans who even went on to believe that by voting in pro reform leaders into parliament, it was going to be easier to have a people driven constitution which was eventually a proven futility citing examples of Prof Kivutha Kibwana’s days in parliament and the current presence of the likes of Mutava Musyimi and others. It’s therefore evident that all Kenyans in positions of leadership are obstacles to constitutional change in Kenya. This is the same cause of our inability to attain this long fought potential historic achievement in 2005 when we went to the referendum because of tension and vested interest s by leaders from different sectors of political and civil society leadership. In the same vain was the national accord that was signed by the President and the Prime Minister in order to halt clashes that resulted fro a disputed presidential election. For the same reasons of the process driven by a political class, the Serena talks went into disarray immediately the agenda on power sharing was cleared. Agenda four which had a lot to do with the reforms is now being treated as a minor issue by the same political class that agreed on power sharing. It’s for this reason that I believe that our political class will never address issues on agenda four. This is the reason as to why some people have decided to agitate for piecemeal reforms which have still been rendered useless because of legal arguments based on current constitutional references. It is therefore imperative that we have a radical approach on the process or else we will never have a new constitution in this country and that means we will never be able to address reforms in this country whose implementation is based on constitutional interpretation. When NARC government took reigns of power from Moi, Kenyans were very optimistic and Kibaki who those days seemed to still care about his reputation as the hope for change, created a number of commissions which included the Ndung’u commission on land that produced the report which can now only be termed as having been a public relations exercise. It has since been a nightmare to implement because there is no mandatory constitutional obligation for its implementation. So it can authoritatively be argued that in a way the constitutional review process has in itself been an obstacle to reforms in this country. The same forces that have been ensuring that we don’t get a new constitution are still very influential in the country. Therefore if we divorced the constitution from the political class, it may be easier for us to achieve change or alternatively, Kenyans have a duty to think of another way of achieving change other than the constitution. It’s mind boggling conscientiousness to every progressive force in this country. Changing the process or the method is the only right direction we must take to achieve change. FWAMBA NC FWAMBA BOX 41046, Nairobi 0736170218 http://kenyayoungvotersalliance.blogspot.com http://fwambancfwamba.wordpress.com http://fwambancfwamba.blogspot.com

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