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

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

BY GIDEON LEPALO: SAVE_LAKE_TURKANA_NOW

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

Vigilant and paying the price – Beyond Kenya’s party night in Frankfurt

After Philo held laudatio for Njeri Kabeberi, winner Humanity Award 2009, at Frankfurt's Paulskirche, Philo and Carsten meet for the first time in real life, after one year of collaboration at Sawubona.. BY PHILO IKONYA President, International PEN, Kenya Center ”People committed to human rights will therefore not rest just because such elementary rights are guaranteed by law: they will instead continually fight for the sustained self evident respect of these inviolable rights….” Prof. Dr. Dr. Dr. Lutz Simon M.A, President of the Chamber of Lawyers, Frankfurt an Main Paulskirche, or St. Paul’s Church in Frankfurt Germany has just honoured Kenya in a very special way as Nejeri Kabeberi, of the Center for Multi-party Democracy, became the recipient of the first and newly founded Humanity Award from the Chamber of Lawyers in Frankfurt am Main. To stand on the podium of Paulskirche is to stand on haloed ground both for democracy and for the faith. This is not just any ordinary place; its power is written in its history and in the world’s struggle to keep justice and freedom from the fangs of those who work against the beauty of humanity. The significance of the place, I was later to learn from German singer Carsten Trotzkowski who cooperates with poets, turning their lyrics into song, is that it is only open to successful people, and only winning players are allowed to stand on the podium and speak. Carsten naturally connects and gives wings to fighters for justice through the written word and song, we met online as I contributed poems of hope that Sawubona liked. He, like a number of people from the more developed countries in the world, contributes his own bit to humanity by making music of poems on the Sawubona musicjam site set up to help move talent especially in poor settlement areas of South Africa and through Sawubona, which means “hello!” At St. Paulskirche is where Kenya bagged the first ever Humanity Award won by Njeri Kabeberi, a renown human rights activist. A glance at the history of St. Paul’s Church in Frankfurt am Main reveals that this Protestant church in 1789- year of the French Revolution- was the centre of much pro-freedom activity and was later occupied by German’s first free parliament holding its sessions there. Later the ‘church’ became a place to celebrate great events and persons. I arrived in Frankfurt am Main ( built upon the river Maine) as ‘the secret’, and was whisked to a hotel where I changed quickly into my Maasai shuka dress, to be in time for the moment that over hundreds sat waiting for. I, the surprise guest who would be hidden until the moment came for me, described as a fellow Kenyan sister, to take to the stage. It had been hard to keep this as a secret in Kenya too from the time I had received an invitation to be in Frankfurt on the night Njeri Kabeberi was getting the Humanity Award 2009, so as to put an element of surprise in the event. I had been notified that my article, Letter to a Kenyan sister who received death threats during Kenya’s post poll violence had contributed to the recognition of Njeri as the winner. I was delighted to be in this great and solemn occasion for Kenya. Njeri Kabeberi had arrived in Frankfurt earlier and was treated to tour with her son and personal assistant. She was also attending the congress ‘World Religions and their contributions to legal systems’ in whose context the award was set. During Kenya’s election debacle in 2007, the violence that ensued had almost paralysed me. I could not write. But one day after as we had a meeting of the Civil Society Congress at Action Aid, and the news of the killing of David Mellitus Were newly elected filtered in, Njeri shared her own threats and fears, and somehow that night, unable to sleep, I wrote that letter. It was the saddest thing for me to see that people who held a different political opinion particularly if they were from Central Kenya and dared to differ with the trend there were under fire. What was worse is that the threats received were made sometimes through gangs apparently under the political command of those high in power. I wrote and shared my letter with Women International Perspectives (the WIP) as it was a letter that helped understand Kenya at that moment and it was published. I sent Njeri a copy, telling her although written to her heart, it expressed the pain of many Kenyans. In that letter, I was also searching for the milk of reason and faith in what is right to nurse myself, in a situation that threatened to go with my own brain and heart and not mine alone- seeing our beloved Kenya burn. The award ceremony was followed by a profound reflection on religious texts from different faiths made one that evening at St. Paul’s by their thirst for justice and the revelation that in the end, we want a healthy humanity. Islam, Hinduism, Christianity and Sikhism presented texts, prayers and music. Here was an example of how to unite, heal the world, reconcile a nation that Kenya can emulate today to seal her tribal and religious chasms and to begin to find joy in diversity. Kenya was then in essence the big presence and winner in Frankfurt. It is beautiful to see that Kenya is uniquely present in the minds of many people all over the world and that they want her whole, pure, working and powerful. Her threatened stability during the post poll violence shocked the world. Kenya is loved and people ask after her enthusiastically. Kenya has become the first African country, through Njeri to receive the Humanity Award, which usually goes to an individual, who even without being a lawyer, the Chamber of Lawyers honours for keeping up and individual struggle due to a personal calling and to a certain extent for religious convictions. “The prize shall award the courage and willingness to make sacrifices …. It shall encourage them to continue to work and to point the way for others equally minded to commit self for persons in distress by physical or psychological violence. The prize shall morally support persons who are harrassed by a regime…” My role was to read the laudatio- which detailed how I knew Njeri Kabeberi to be a deserving winner- Njeri wept. In her acceptance speech, she was very clear that this was an award that recognised her as a symbol of many who suffer in Kenya as they struggle to uphold justice for all. Njeri eloquently proclaimed that she was “lucky because I am just one of the many who deserve this award…. This is why I shall take this opportunity to declare that the award ward is not mine alone…” The award was for Kenya’s undeterred focus in individuals on the prize of freedom. In the laudatio, I prayed for every Kenyan heart, I beseeched that this moment of Kenya’s pride, “be a defining moment for my beloved Kenya.” In my heart and soul, I hoped against hope that this would be a “moment of humble rebirth for you and our country… And to you dear Kenyan, I so wish to write a short letter burning with love, to your own heart because I love, hope and believe in you. “May it be the moment when we get the light to love and understand ourselves as humanity and less as this or that ethnic group without fear be here. I pray in tears that the candle Njeri lights will burn to dispel hatred of all types: whether based on colour of skin, language and the injustice of greed. I write a letter to your mind that Kenya’s new constitution will help us reorganise the nation’s resources starting with land, so that historical injustices may be blown away leaving room for us to fight against so many other injustices and pains, room for education and health for all, room for courage. I pray that you read beyond tribe in this award and reward yourself with a rebirth for ultimately you will have to do this yourself, not the constitution, not the politicians but you standing alone in the strength of whatever faith you may confess, be it traditional or modern. I pray. In Kenya, we have all the means that we need to bind us into one wonderful nation; a place where we can grow whilst treasuring and reaping a harvest we share from our diversity. Why do we go wrong? I would that those in power would hear our constant plea, if not from our simple lips and pens at least as inspiration the dew from the heavens and act; but they are impervious and so, I say to the simple who own the power and the prayer to take the lead set our people free in a change that respects freedom and democracy! The Chamber of Lawyers in Frankfurt am Main is studying the influence of world religions on law and seeking a path in the tolerance and sharing of all light in faiths in our increasingly multicultural world. As the President of the Chamber Prof. Dr. Dr. Dr. Lutz Simon said in the awarding ceremony, “We trust that by honouring the symbol of humanity we will be able to demonstrate how important courage is in our times. So important is the defence of ethnic values that it calls not only for the well worded speeches of politicians, statesmen or business leaders but also of the sincere, well intentioned and courageous deed of individuals in everyday life. We are not awarding globally known benefactors – whose work we do greatly value- but want to honour those people who are largely unknown internationally and to encourage them to persevere on their chosen path. Today we honour Njeri Kabeberi!” Another indefatigable woman from Kenya, Njeri in her own style has blazed a new trail. Let then all of us receive a new light in our hearts as an award we give each other. Later, beyond the award night, I heard the sound of Miriam Makeba singing pata pata and she drew us off our seats like magic, we were on the floor of an Irish Pub dancing for joy as others in this culture prepared to dress up as witches and ghosts on Halloween. The pub was already spun by spider web matting and we shared so much joy and laughter. And again, I heard in Makeba’s energy the message that Africa must set the pace for the world’s liberation also from the material prisons we have built- come join the song of freedom! Njeri, Carsten and the Chamber of lawyers dream of a free Africa. I quote Shila Keetharuth from the Gambia in her tribute to Njeri- a bon entendeur, salut! “may those who have heard and understood pay heed!” written by Philo Ikonya.

POSTED BY JOSHUA NYAMORI:-Gross Violation of Human Rights and Acts of Impunity by Kibos Sugar Factory

1. Introduction A shameless act of impunity and violation of fundamental rights of poor people occurred at Kibos Township, four kilometers from Kisumu town center on Tuesday 28th October 2009. This incident exemplified the height of exploitation of unemployed and idle young people by well connected wealthy businessmen to perpetrate their selfish interests. Curiously, the incident has not received much attention in the media. Where it did, the stories did not bring out the real issues. In the morning of the material day, drivers, conductors and touts operating at Kondele center staged a demonstration demanding that the police release their certificates of registration as Community Based Organizations that had been confiscated by the Provincial Traffic Officer. Save for withdrawal of public transport, blocking of the road with rocks and lighting of bonfire on the road, the protest was generally peaceful and it ended after a negotiation between the group and senior police officers during which the confiscated documents were returned to the group. 2. Legitimate Protest Immediately after this, probably motivated by the Kondele protest, traders and residents of Kibos Township, located two Kilometers from Kondele, staged a protest and stopped a sugarcane transport lorry belonging to Kibos Sugar Factory from passing through the township on its way to the factory located within the township. The case of the protesting residents was that, because of the height of the customer built lorry carriers belonging to the factory, whenever they passed though the township, their roofs or overloaded sugar cane contents pulled the main electric power lines that pass-over the road into the township. Whether or not the power lines are cut, the whole trading center and the surrounding villages and slums would then be plunged into a blackout even as any electronic equipment that are connected to electricity are short circuited. Their numerous complaints to the factory management, police, provincial administration and the Kenya Power and Lighting Company had fallen on deaf ears. They therefore remained with no alternative but to stage a protest for their woes to be addressed. 3. Unjustified and Illegal Terror and Culture of Impunity Our investigation has revealed that when the factory management heard that their lorry had been denied entry into Kibos Township by the protesting residents and traders, it resorted to hiring idle youth from Kondele and carwash area and provided them with arms and transport to attack the traders and residents. When the youth arrived in Kibos, they indiscriminately attacked anyone on sight and looted shops and hotels. The residents and the traders re-grouped and overpowered the attacking gang sending them flying for their dear lives. In the ensuing melee, one of the attackers fell off a hired nissan van that was ferrying them and was run over by the same vehicle that drove away without stopping. The residents and traders poured all their anger on the now helpless youth and beat him to pulp. He is reportedly admitted with serious injuries at New Nyanza General Hospital with serious injuries. When the factory management heard of what had happened, it hired three canter lorries and several nissan vans to transport more hired youth from Kondele to Kibos. They were given petrol to burn down the center. When the re-enforcement landed at Kibos, they swung into a spree of looting and an orgy of destruction, arson and attack on the traders and residents. In the wake this second attack, several small scale shops, hotels and offices were in ashes and property of unknown value disappeared in the looting. Several people were also left writhing in pain and nursing serious injuries. The most curious part of this attack is the claim by residents and traders that the attacking gang arrived at Kibos in the company of a land cruiser full of armed policemen led by the Officer in Charge of the Police Dog Unit who watched as the gang unleashed terror and did not attempt to stop them from committing such heinous crimes. As the gang retreated, they are reported to have handed over some of their loot to the police officers. The police then drove away without paying attention to the desperate calls for help from the residents. Because of public outcry, the police arrested three youths suspected to have participated in the attack and a driver to one of the hired canter lorries. They are currently languishing at Kodiaga prison after failing to secure bail. The managers of the factory, led by Mr. Raju Chanan Singh who the residents of Kibos accuse of unbridled arrogance and who should bear the greatest responsibility for the attack, are however freemen. The residents speak of several incidents that Mr. Raju Chanan has arrogantly told them that he is beyond the confines of the law and that the political leadership, provincial administration, police and any other authorities cannot touch him. Apart from the current issue, the residents of Kibos have other serious issues with the factory but have no recourse to justice because the management of the factory has corruptly captured all the instruments of state that do its bidding. The factory is reportedly directing untreated waste from the sugar factory into R. Kibos whose water is used for domestic purposes by several people downstream. At the same time the solid waste from the plant is set on fire and burns throughout the day and night seriously polluting the air in the township and surrounding villages. The factory is also accused of mistreating its workforce and not implementing labour laws and policies that relate to the welfare of workers. The workers are allegedly paid poorly and continuously kept on casual labour status against the law. 4. Conclusion In conclusion, it is important to note that the attitude and behaviour of the management of Kibos Sugar Factory, and particularly Mr. Raju Chanan Singh, is a clear manifestation of a culture of impunity that Kenyans are struggling to eradicate under the framework of the National Accord and Reconciliation Agreement. We demand that comprehensive investigations be carried out on this matter and those found culpable and bearing the greatest responsibility for hiring youth to cause mayhem at Kibos be arrested, charged and taken to jail. The factory management should also be compelled to compensate the victims of the attack to ensure that they recover what they have lost. We also demand that the Government should move in with speed to address all the other issues that the community has raised against the factory so as to ensure that private entrepreneurs are not let lose to misuse and oppress Kenyan citizens under the pretext of promoting investments. To the youth who took part in the attack, we remind them that unemployment cannot be an excuse for crime of whatever nature. When the law finally catches up with them, the principal who hired them to perpetrate crime will not be there to bail them out. In the final analysis, it is also shameful to note that the people who bore the brunt of their violence are poor people like them who are struggling to make a living. SIGNED AND RELEASED IN KISUMU THIS 31ST DAY OF OCTOBER, 2009 Joshua O. Nyamori Coordinator – NYC Anthony O. Ombara Secretary General - NYC

BY GEORGE NYONGESA:-Kenya: Leadership recycling an impediment to development

by Bunge La Mwananchi It is close to 50 years since the British left us to determine our socio-economic and political progress. At the time of independence our country, development wise, we ranked the same as the Asian tigers such as Singapore and Malaysia. Today the Asian tigers are 100 years ahead of us in development. What happened to Kenya? There are many reasons one could give, but one is clearly a major one, and that is leadership. In matter of societal progress, natural endowment of resources such as gold, oil, copper, good soil, rivers etc cannot be a substitute to having an effective leadership. Our past and present leadership is characterized by individuals who were socialized in colonialism. Colonialism main thrust was domination for self-good. The colonialist first dominated the Africans politically and used that political domination to influence our economics and social affairs. Once they dismantle the Africans way of socio-political organization they had us captive. They embarked on the mission to exploit and repatriate the loot. Forget those stupid arguments that the Whites colonized Africa so as to civilize or to trade with African. There sole mission was to exploit human and natural resources enrich themselves and their mother country. Moving on, don’t our leaders exhibit similar characteristics? Isn’t there mission for leadership closely related to the colonization mission? First, like colonialists these leaders have an ego that they are best of us and they are the ones who know what is good for all of us. Do you read a similarity to the white’s racist thinking? Our leaders seek office to acquire riches; first themselves and then their friends, and all these take place at the expense of the dominated. During colonial time, the dominated was an African. The African were dominated and forced to work in the plantations of coffee, tea, sisal, pyrethrum etc for small pay so that they can pay tax to the colonial government. The Africans who were forced to grow coffee and tea they did not need were not even given a chance to decide what price to sell to the white man. Let us relate this to today. The characters that took over leadership from the British today continue the same economic policies of exploitation. They are the middlemen selling coffee and tea abroad and exploitative price. The coffee and tea workers continue to pay tax from their meager earnings from the coffee farm. During elections they come together and divide us into different tribes and assign themselves who will be the governor of which region. Isn’t that what happened during Berlin conference when the Europeans decided that instead of coming to wrestle each other and display there barbaric and savage behavior before a black man they Africa quietly and then collaborate in exploitation of African resources as long as no one crosses the border of the other. Same thing happens with our leadership just think about… Now all these things are obvious but what we must ask why is it continuing unmitigated? How can we stop it? To start with we must realize the irreplaceable role leadership plays in the development of any society. It is the leaders who manage the human and natural resource for the good of all. When you have people who think they are God’s gift to the people, they are best and they must lead you then you have a problem. When you have leadership that divides into ethnic groups so as to rule you then you have a problem right there. When you have selfish people who are seeking to enrich themselves presiding over distribution of resources then there is a problem. When you have leaders whose worldview was socialized in the mentality of exploiting the masses then there is a problem. When you have people who are in their diminishing return years making decisions that they won’t live to see their impact then you have a problem. Do you think that Jimmy Kibaki or Fidel Odinga takes the advice their fathers Mwai Kibaki and Raila Odinga without questioning it? If there sons think that these men are old, just the same way you look at your father; to make sound decisions for the family why should we allow these type of to make national decision that affects 40 million Kenyans? The current leadership has individuals who grew up in the tutelage of either Kenyatta or Moi. We all agree that our problems started with kenyatta leadership. It was worsened by Moi leadership. Doesn’t that just mean that all these people laying claim on 2012 presidency are full of primitive leadership of Kenyatta and Moi? If they did not advice Kenyatta or Moi on better society organizing when they were cabinet ministers what has happened to them to be good leaders today? This is a different generation and the world is revolving faster. The word today is operating on technology and most of these cannot even send an text message. Not long from today UN Assembly will be done through teleconference and these characters know nothing about technology how will they survive? Only fools and madmen keep doing the same thing and expect different results. We have first hand lessons that the current crop of leaders is all bogus without a vision or ideology for organizing Kenya to realize it is potential. We need a leadership that has a well thought ideology to organize us politically so as to realize our economic and social dreams. Let me emphasis that we must get it right politically for us to realize our economics and then followed by social tidings. Ideology is the framework for organizing the society and that is what we don’t have. The ideology we require is one that will give each person opportunity to play their rightful role in developing Kenya. That ideology must ensure that all of us get returns from our input and no one puts in less and gets more or everything. Therefore, why can’t we as Kenyans think seriously and decide not to recycle leaders especially those we know they cannot perform? (unedited text). George Nyongesa +254 720 451 235

JUST WHO WILL SAVE KENYA FROM THESE NAPOLEONS OF CORRUPTION?

Dear Sir/Madam, T S Elliot, a 1948 Nobel Prize winner in Literature wrote a poem titled “Macavity –The Mystery cat.” Macavity was described as having a hidden paw, having the movement of a snake and a criminal who used his intellect to defy the law. He was bafflement to Scotland Yard and caused constant despair to the Flying Squad; for when they reached the scene of the crime, Macavity was simply not there. This was suavity and deceitfulness par excellence. He always had an alibi and spared one or two more alibis just in case they came in handy. He was outwardly respectable in spite of being a Napoleon of corruption, the crème de la crème. It was therefore not surprising that his footsteps could not be found in any file of the Scotland Yard. Today, the fictitious Macavity has acquired life. He is alive and kicking in Kenya. He is not one. There are many. The edacious Macavity are more emboldened in the perpetuation of noxious graft as they are equipped with impunity. They are often surrounded with the exquisite Harvard legalese. They are not in the same league with the pusillanimous. They are true master minds of crime, the fat cats who supervise the pillaging of public coffers on grand scales. You have heard the ravenous Macavity spin legal webs in defense of the well executed schemes that led to loss of billions of shillings in the Golden Berg, Anglo leasing, Grand Regency and the porous Kenya Pipeline Company (KPC). You recently heard of him in the ministry of Youth Affairs, Ministry of water, you have seen him in the Ministry of basic Education (remember the 109 million in a mysterious account?) And now he has surfaced in the Ministry of finance; in the infamous Passat deal. And the list goes on ad infinitum. It is rumored that all the voracious cats whose wicked deeds are widely known are nothing more than agents of these Napoleons of crime. Are we not almost certain that when the pilferage has taken place blame for the scandal is always heaped on junior officers? When the subordinates are nabbed, which isn't often, there is no evidence linking the crimes to the masters. The master mind of crime is the mysterious "Macavity” who plans the crimes that lesser criminals execute. With alacrity unmatched, these master minds in cahoots with senior officers have methodically sealed all the possible avenues for the unraveling of the scandals. Their rendition always almost made us believe that there was no iota of evidence to warrant prosecutions. Of course you and I were so sure that the Ministerial statements read in parliament in the wake of the scandals were as clear as mud. Just who will save Kenya from the litany of grand scams; from the avaricious clutches of these napoleons of corruption? TOME FRANCIS, BUMULA.

EXAM CHEATING: KENYA IS AN EXAM CRAZY COUNTRY.

Dear Sir/Madam, Kenya is an “exam crazy country” to be precise. Everything seems to revolve around exams. At a summative level, these exams are highly competitive as they are highly relied upon to measure learners’ achievement. They provide a final judgment of who goes where and gets what educationally, occupationally and promotion wise. This has made excelling in summative school exams a fierce survival of the fittest battle. Students and teachers go to extraordinary strengths trying to make sure they excel in these exams. They have no choice. Performance, apart from being largely dependent on the amount of knowledge a student brings to the exam, is also greatly influenced by how the student is able to manage and confront its challenges. Difficult exam items, memory let downs, fluctuations in motivational and attention levels, mental fatigue and lack of understanding of specific test items may impede performance. It is against this backdrop that many school administrators resort to uncanny methods that will see them be regarded as the crème de la crème. Cheating comes in handy. That is why irrefutable reports by some sections of the Kenyan media of rampant cheating in this year`s KCSE do not come as a surprise. This is in spite of the constant assurances by the Kenya National Examination Council (KNEC) that the genie of examination cheating had finally been put back in the bottle. Because of the fear of reprisals from their schools, TSC and KNEC honest classroom teachers will opt to remain silent even though they are fully aware of the prevalence of such malpractices in their schools. Indeed, many schools have accessed the national examination papers at least two hours before candidates sit for that exam. Most of the papers affected are those done in the afternoon. Unlike previously where officers manning the strong rooms in the police stations were compromised, it is now the supervisors in the examination centers colluding with school administrators to open these exams between two to eight hours before the scheduled time and allow their most trusted teachers and students’ humble time to reproduce answers. Schools` administrators collude with corrupt KNEC officials to obtain substitute polythene envelopes in which the exam papers are packed in. They thus in cahoots with dishonest supervisors open the envelopes, take an exam paper, destroy the original envelope and re-pack the remaining papers in the substitute envelope and then reseal it. This is just but one of the many loopholes that have seriously dented KNEC`s credibility. I have previously argued that cheating stretches all the way to the time that the setting of the examination takes place. This is because KNEC relies heavily on teachers from select schools to provide it with examination data bank for various examinable disciplines. Coincidentally, schools privileged to have examination setters in particular subjects perform quite well in the same subjects. Much as one may argue that the excellent performance is a reflection of the competencies of such examination setters, it is also probable that such unscrupulous setters may collude to expose their students to replicas of prospective national exams. There are also insinuations that unethical senior officers from KNEC establish call centres to mint money from desperate school administrators. In lieu of the above concerns, it is doubtable whether KNEC`s policy not administer examinations beyond 2pm will significantly minimize cheating. The way forward is for the Ministry and KNEC to device water tight measures both in examination setting and administration. Most importantly is for the ministry to review the policy of using a single examination in a four year period to measure performance. TOME FRANCIS, BUMULA.

BY KAWIVE WAMBUA:This constitution review: How not to lose it

Thursday, October 29, 2009 The Constitution of Kenya Review Act 2008 created a Committee of Experts (CoE) as a key organ in the review process. The CoE, though not expressly mandated, was expected to exhaustively consult with all stakeholders and get views on the process and content of the constitution before the production of a draft. The spirit of the law also required them to conduct civic education every step of the way. So far, the CoE has abandoned civic education (and opts to stick to the 30 day expressly provided for in the law) and has made a joke of consultations. In so doing, the CoE has consolidated negativity against it from the political class, the civil society and the religious sector. BUT IT MUST BE SEEN THAT THE CoE CAN ARGUE, CORRECTLY, THAT IT ACTED WITHIN THE LAW! There is therefore a great possibility that when the bill is published, even as we wait for parliament to debate it, there will be alot of negative publicity about it and this may lead to the formenting of attitude against the bill. We ask that all campaign for a Yes-Yes referendum (even if this means changing the law) and this means as follows: We have two otherwise identical drafts; * One espousing the Presidential system of Government * The other the Parliamentary system of Government Voters then will vote YES for the one they want to have. If one voter choses one, (s)he votes YES. If another voter choses the other, (s)he votes YES - hence the YES-YES referendum! Of course there are arguments against this: who said this is the single most critical issue? Can we mix an issue referendum with the constitutional referendum? Where has this ever happened before? etc etc But let the truth be told... IF WE GO TO THE REFERENDUM WITH A YES/NO VOTE ON A SINGLE DRAFT, IT WILL MEAN THAT A NO! VOTE FOR THE PROPOSED DRAFT IS A YES! VOTE FOR THE PRESENT CONSTITUTION The least we can bargain for (God forbid!) is having the contentious issues removed from the draft to be taken for the referendum (and passed later after further consultations) Kenyans must have a new framework. Let not the rotten pieces be put in the same pot with the clean and healthy others. SO GOD HELP KENYA! Positions 1. A new constitution is overdue; we can not afford another failure 2. Politicians want a Yes/no referendum so as to shoot down the process ...actually politicians want a YES/NO referendum so that they can plan 2012 3. We have to safeguard the gains we have made so far in the 2 decades of advocacy 4. CoE has not consulted enough and has consolidated negativity against its action 5. We must get it right this time; we have been at it for 2 decades ................................................................... ........... ........... My ten cents worth Kawive, Executive Secretary Constitution & Reform Education Consortium - CRECO P.O Box 2231-00200 Nairobi Office Location: Matumbato Rd, Upperhill Tel +254 020 2714762/63; Fax +254 020 2714763 Wireless 020 3590735; Mobile 0722 209779 Email kawivew@crecokenya.org website www.crecokenya.org A JUST SOCIETY

NYC:Constitutionalism and Good Governance

Topic for Discussion: Constitutionalism and Good Governance Venue: ACK Diocese Hall - Nakuru Date: Tuesday, 3rd November 2009 Time: 2.00PM - 4.00PM The Government of Kenya has appointed a Committee of Experts to identify contentious issues in the Constitution review process, develop consensus and make proposals for a new draft Constitution for Kenya. Inevitably this is a political process due to the various interests that musts be considered for the draft Constitution to gain wide spread support. It is also a legal process that will either determine the new laws to be established in order to conform with the Constitution or “constitutionalize” existing laws. Youth organizations made submissions made to the Committee of Experts on contentious issues as seen by young people and suggestions on how to address them. In July 2009, several young people from around the country convened in Nairobi to discuss the various submission and made attempts to build consensus. At the end of the meeting it was clear that there remained several issues on which consensus needed to be developed. This remains the challenge for the Committee of Experts. As young people, some who have been part of the constitutional review processes through the years, and others for whom it seems “new there are questions we must ask as responsible citizens to ensure quality contribution towards building consensus in the constitutional reform process. · What are the key things we should ask ourselves as we prepare for a new constitutional dispensation? · What spirit do we wish for the Constitution to have? · What are our basic minimums as young people for a “suitable” constitution? · What basic principles we should consider as we undergo the constitutional reform process? · What is our contribution as young people to the reform process? On Tuesday 3rd November 2009, there will be a meeting at the ACK Diocese Hall in Nakuru to deliberate on these matters from 2 – 4 p.m. Please pass on this invitations to your networks and friends in Nakuru. All are welcome! Emmanuel Dennis -- .......... Emmanuel Dennis Ngongo National Youth Convention (NYC) P.O. Box 8799 - 00200 Nairobi Kenya Cell: +254 722619005 http://emmanuel- ed.blogspot. com/ Twitter: http://twitter. com/Emmanueldenn is www.nyckenya. org

We Are Ready To Lead: Partnership For Change Statement On The Liberation Of Kenya By The Citizens Of The Republic Of Kenya. Issued At Nairobi 29th Oct

Oct 29th, 2009 by Mars Group Kenya WE ARE READY TO LEAD: PARTNERSHIP FOR CHANGE STATEMENT ON THE LIBERATION OF KENYA BY THE CITIZENS OF THE REPUBLIC OF KENYA. Issued at Nairobi 29th October 2009 “ So as we approach our first anniversary on 5th November 2009, The Partnership for Change wants to declare to our leaders, that we are now ready to take you on. There are many of us who can lead, many who are not corrupt, many who have integrity and that you our leaders have nothing to offer Kenyans. Your time is up. You are finished! ” THE NATIONAL ACCORD REFORMS AND THE REAL DANGERS OF A NEGOTIATED SURRENDER Conciliation, Compromise, and Negotiations When faced with the shocking violence that Kenyans saw at the beginning of 2008 after the botched election of December 2007, some Kenyans lapsed into passive submission. Others, seeing no prospect of achieving democracy, concluded they must come to terms with the apparently permanent culture of impunity, hoping that through "conciliation," "compromise," and "negotiations" they might be able to salvage some positive elements and end the brutalities on Kenyans that were at the time happening on an hour to hour basis. On the surface, lacking realistic options, there was appeal in that line of thinking. Undemocratic option of a negotiated agreement And so, came the National Accord of February 28th 2008, a pact signed by Mwai Kibaki and Raila Odinga the two principals and witnessed by millions of Kenyans on national television. Kenyans accepted this undemocratic option of a negotiated agreement, temporarily waiving their Constitutional right to a democratically elected Government, reasoning that -Why is it necessary to go the violence route? Couldn’t everyone just be reasonable and find ways to talk, to negotiate the way to a gradual end of impunity? Couldn’t Kenyans appeal to Kibaki and Odinga’ sense of common humanity and convince them to reduce their domination bit by bit, and perhaps finally to give way completely to the establishment of a democracy? "win-win" solution It is now argued that the truth is not all on one side. Perhaps Kenyans misunderstood the two Principals, who said they acted from good motives in difficult circumstances? Or perhaps some may think, the principals would have gladly removed themselves from the difficult situation facing the country if only they were given some encouragement and enticements. But, the truth as may be argued is that the two Principals were offered a "win-win" solution, in which everyone gains something. The risks and pain of further struggle was unnecessary, it may be argued, if the Kenyan people were willing to settle the post election conflict peacefully by negotiations which were assisted by skilled panel of African Imminent personalities and the International Community. The negotiated Agreement is yet to be implemented Now, two years after the signing of the National Accord, The negotiated Agreement is yet to be implemented. The offer by the two Principals of "peace" through negotiations with the people of Kenya was, of course, rather disingenuous. The violence could have been ended immediately by the Mwai Kibaki and Raila Odinga themselves, if only they wanted to stop waging war on their own people. They could have at their own initiative with out any bargaining restored respect for human dignity and rights, allowed the population to protest, halted police brutality, stopped the rape of women, and apologize to the people. They would have most certainly ensured that all Kenyans were registered to vote. Kenyans should be wary of the traps that may be deliberately built into a negotiation process by politicians. The call for the National Accord, when basic issues of political liberties were involved may have been an effort by the politicians to induce Kenyans to surrender peacefully while the violence by the Grand Coalition Government continued. On some basic issues such as civil liberties, there should be no compromise When the issues at stake are fundamental, affecting democratic principles, issues of human freedom, or the whole future development of Kenya, negotiations do not provide a way of reaching a mutually satisfactory solution. On some basic issues such as civil liberties, there should be no compromise. Only a shift in power relations in favor of the Citizens of Kenya can adequately safeguard the basic issues at stake. Such a shift will occur through struggle, not negotiations such as the National Accord. Negotiations are not a realistic way to remove a strong culture of Impunity This is not to say that negotiations ought never to be used. The point here is that negotiations are not a realistic way to remove a strong culture of Impunity in the absence of a powerful democratic opposition by the Citizens of Kenya. The two Principals- Mwai Kibaki and Raila Odinga are operating in a culture of Impunity where they, feel secure in their position and may refuse to implement the negotiated National Accord Agreement. Indeed we argue that Kibaki and Odinga have failed to deliver on the National Accord reforms. Whatever promises offered by Mwai Kibaki and Raila Odinga in the National Accord Agreement, and however much time we give them, no one should ever forget that Mwai Kibaki and Raila Odinga may promise anything to secure submission from people of Kenya, and then brazenly violate that same agreement. "For the tyrant has the power to inflict only that which we lack the strength to resist," WE WANT NON VIOLENT DEMOCRATIC SOLUTIONS TO KENYA’S PROBLEMS. Kenya is a multi party Democracy! We elect our leaders through a democratic dispensation through the ballot. The people of Kenya give their government its right to govern. The way in which this right is obtained is important. If there is any doubt about the legitimacy of the process, then people can question this authority. Free and fair elections are of great importance wherever leaders seek to legitimise their power through the electoral process. An illegitimate electoral process can lead to a lack of accountability and therefore a climate of corruption, Impunity and lack of interest in governing justly. long-term historical and societal injustices Kenyans are vigorously debating age old questions related to justice and forgiveness, because Kenyans after the last General Election experienced the grossest violations of human rights and incidences of grand corruption since our Nation’s Independence on December 12th 1963. Since February 28th 2008 we have had a Grand Coalition Government whose sole mandate was to address long-term historical and societal injustices in Kenya and to enquire into these grievances to identify and punish the perpetrators so that never again can such violations or corruption occur with impunity. democratic and accountable state. Kenyans are weary those inquiries into real crimes have led nowhere and that the perpetrators enjoy freedom from justice because of their high political and social connections in Kenya. The Partnership for Change is completely opposed to impunity of any sort, and decided to mobilize Kenyans to insist on the Rule of Law by which criminal behaviour will be punished regardless of the social status of the criminal. The chosen method of struggle against impunity is non-violent resistance and actions to educate Kenyans of their constitutional and human rights, and ultimately to create a democratic and accountable state. Nonviolent resistance In recent years various dictatorships around the world have collapsed or stumbled when confronted by defiant, mobilized people. Often seen as firmly entrenched and impregnable, some of these dictatorships proved unable to withstand the concerted political, economic, and social defiance of the people. The Partnership for Change has been mobilizing Kenyans since 5th November 2008 and has grown into a large peoples non violent movement for Change. Nonviolent resistance will further the movement toward democratization. The Partnership for change deals with problems affecting Kenya including poverty, crime, bureaucratic inefficiency, environmental destruction and impunity which are the legacy of the brutal regimes we have had since Independence. The Partnership for Change intends to lift the suffering of the victims of oppression, and open the way for the rebuilding Kenya with greater political democracy, personal liberties, and social justice. Culture of impunity runs deep Unfortunately, for Kenya, though we have since 1992 chosen the path of plural democracy and constitutionalism, the past is still with us. The culture of impunity runs deep, and Kenyans having experienced decades of oppression have developed a culture of unquestioning submission to authority figures and politicians. The social, political, economic, and even religious institutions of the society - outside of state control - have been deliberately weakened, subordinated, or even replaced by new regimented institutions used by the state to control the society. The Kenyan population has over time been atomized (turned into a mass of isolated individuals) who are unable to work together to achieve freedom, to confide in each other, or even to do much of anything at their own initiative. The result of this process is predictable: the Kenyan population becomes weak, lacks self confidence, and is incapable of resistance. Kenyans are often too frightened to share their hatred of impunity and their hunger for freedom and accountability even with family and friends. Kenyans are often too terrified to think seriously of public resistance. In any case, what would be the use? Instead, Kenyans face suffering and poverty without purpose and a future without hope. In the past, some Kenyans have attempted resistance. Short lived protests and demonstrations by Civil Society have occurred and crushed by the Government. Perhaps spirits soared temporarily. At other times, individuals and small groups have conducted brave but impotent gestures, asserting some principle or simply their defiance. However noble the motives, such past acts of resistance have been insufficient to overcome the Kenyan Citizens’ fear and habit of obedience, a necessary prerequisite to destroy the culture of Impunity. Sadly, these acts have brought arrests and harassment of Partnership for change agents by the Kenya police, a multitude of unconstitutional cases with huge financial implications in bail funds, but not victories or even hope. Ending impunity and restoring democratic accountability. The culture of impunity thrives in Kenya because of the inequitable internal power distribution. The population is too weak to cause the Government and politicians any real problems. Wealth and power are concentrated in too few hands. The Partnership for Change wants to help Kenyans to change the situation for the better by teaching Kenyans non-violent methods to demand the end of impunity and restoration of democratic accountability. The Partnership for Change is * strengthening the oppressed Kenyan population themselves in their determination, self-confidence, and resistance skills; * strengthening the independent social groups and institutions of the oppressed Kenyan people; * creating a powerful internal resistance force; and * Skilfully implementing a wise grand strategic plan for the liberation of Kenya. Against a strong self-reliant force, given wise strategy, disciplined and courageous action, and genuine strength, the culture of impunity will eventually crumble. Liberation from greedy, selfish leaders ultimately depends on the people’s ability to liberate themselves. The cases of successful political defiance-or nonviolent struggle for political ends indicate that the means do exist for populations to free themselves. The liberation struggle for Kenyans is a time for self-reliance and internal strengthening of the population of Kenya to demand collectively - Democratic Accountability in our Country. It is in every Kenyans’ enlightened self interest to be actively involved in the Governance of our Country. The Partnership for Change believes that Change will come to Kenya when every Individual Kenyan understands and acts in their best interest. THE PARTNERSHIP FOR CHANGE AND THE POWER OF THE PEOPLE OF KENYA Achieving a Kenya with both freedom and peace is of course no simple task. It will require great strategic skill, organization, and planning. Above all, it will require power. The Partnership for Change cannot hope to bring down Impunity and establish political freedom without the ability to apply the power of the people of Kenya effectively. But how is this possible? What kind of power can the Partnership for Change mobilize that will be sufficient to destroy Impunity and restore democratic Accountability? The answers lie in an oft ignored understanding of political power. The principle is simple. The Culture of Impunity requires the assistance of the people of Kenya, without which Politicians cannot secure and maintain their sources of political power. These sources, however, depend on acceptance of the leadership, submission and obedience by the people of Kenya. These are not guaranteed. Without availability of those sources, the Politicians’ power weakens and finally dissolves. Naturally, our greedy leaders are sensitive to actions and ideas that threaten their capacity to do as they like. The Government is therefore likely to threaten and punish those who disobey, or fail to cooperate. However, that is not the end of the story. “Totalitarian power is strong only if it does not have to be used too often. If totalitarian power must be used at all times against the entire population, it is unlikely to remain powerful for long. Since totalitarian regimes require more power for dealing with their subjects than do other types of government, such regimes stand in greater need of widespread and dependable compliance habits among their people; more than that they have to be able to count on the active support of at least significant parts of the population in case of need.” Karl W. Deutsch 1953: We are fighting back The mission of the Partnership for Change is to advance the strategic use of non-violent action in calling upon the Kenyan Citizen to demand the End of Impunity, Restore Democratic accountability and to end Dictatorship in Kenya. It is time for Change. Real and meaningful Change.- We are determined to get that Change. Yes we can! The Partnership for Change membership is the individual Kenyan citizen. Man, woman and child. We are millions of Kenyans who want change. We have great political significance. We will exert influence over the direction of our Country and we will resist the government when it impinges unjustly on our interests, activities, or purposes. We will disintegrate and weaken impunity by courageous massapplication of political defiance by us, the population – the citizens of this Republic. We are ready to take you on So as we approach our first anniversary on 5th November 2009, The Partnership for Change wants to declare to our leaders, that we are now ready to take you on. There are many of us who can lead, many who are not corrupt, many who have integrity and that you our leaders have nothing to offer Kenyans. Your time is up. You are finished! Download PDF Here Mwalimu Mati Partnership for Change Nairobi 29th October 2009

WRITTEN BY CYPRIAN NYAMWAMU :NYC LET US GET SERIOUS ON REPRESENTATION OF THE PEOPLE

When it comes to wild proposals, I see them on NYC. Are we serious in the proposals we are making or we are putting anything forward for the sake of it? The boundaries commission should wait until the COE finalizes its work. We can not have the COE adopt what the Boundaries commission wants because it is the duty of COE to offer the basis for a system of the representation of the people. The way forward is to maintain the current 210 constituencies as holding areas as Kenya goes for a Proportionate representative electoral system (PR). This is how the system shall work a) Kenya SHALL BE SEEN as one huge electoral constituency b) Each political party shall publish a list of vetted and competent Kenyans it wants Kenyans to elect to parliament as their MPs. Each of these people who shall be published by the Parties must be cleared by the KACC, the AG, and the Kenya National Commission on Human Rights as Kenyans who have not been involved in Human rights violations, are not violent, have not been involved in corruption and economic crimes scandals or have not been involved in inciting ethnic tensions or have not been involved in spreading hate language. c) Once each party lodges its Party list with the IEC, the IEC shall declare the date of the election d) Kenyans shall vote for a political party through out the country. Ballot papers shall only have a political party symbol not individuals e) Votes shall be counted and tallied at each of the nearly 27,000 polling stations and tallied nationally through an electronic system. f) Each party’s votes shall be tallied and for every 35,000 votes a political Party receives it shall win a sit in the National assembly g) Once each Party has known how many MPs it has, the party list shall be followed in the order the list was published and the IEC shall gazette all the duly elected MPs. h) Looking at which party won the highest number of votes in a certain constituency, Political parties shall be asked to post an MP to that constituency provided no MP shall be posted to her/his original electoral constituency. For instance even if Safina garners the highest number of votes in Bomachoge constituency, Cyprian Nyamwamu SHALL NOT be posted to Bomachoge as the MP. Safina shall be required to post Cyprian Nyamwamu to say Mandera Central if Safina also garners the highest number of votes there. This is important for six reasons § Ukabila and clannism shall be brought to an end since the MP who shall serve that constituency shall be impartial and level headed but also seriously held to account and to exposed to thorough scrutiny so that s/he does not misuse the resources allocated to the constituency. § to end the violence that is associated with a man or woman fighting to be the MP of a certain constituency, since all politicians shall be struggling to ensure their party wins as many Kenyan votes as possible § The voice and power of women, professionals, pastoralists, minority communities, the youth and other disadvantaged groups shall count because it is only those parties that include these categories in the Party list. This is how to end violence, voter bribery § This system will make Kenyans realize that politicians do not own Kenya but instead it is Kenyans who have the responsibility to built and belong to democratic and serious political parties. § The current curse of certain families and tycoons controlling political parties and collecting bribes from individuals by selling tickets to these rich men and women shall come to an end. § The party lists shall be vetted and approved by the Party National Conventions with the assistance of the IEC upon receiving proposals and rationalized drafts from the Party NEC. i) The balance of MPs over and above 210 shall be Members of Parliament without physical constituency but representing other national non regional constituencies such as the youth, women, workers, persons with Disabilities etc j) The election of MPs, councilors and Chairpersons and Mayors of local government authority shall be held in August of the election year while the election of the President (if under a presidential system of government) shall be held in December of the election year. k) Kenyans shall be encouraged to vote where they work and stay instead of registering and voting in their so called home constituencies because Kenya shall now be one large electoral constituency. This is important to ensure that urban areas get to elect MPs and councilors and mayors who are endorsed by the urban resident. We need to bring to an end the shameful system of imported ethnic voters from western Kenya , Central province, Nyanza and Ukambani currently in operation. We also need to end the current foolish system where urban dwellers run to their native villages to vote for MPs who never represent rural voters while the MPs who represent them in Nairobi are elected by imported voters. l) In the case of a parliamentary system of government, the Prime Minister, being the leader of the Party with majority seats in Parliament (obviously the Party that won the highest number of votes and confidence from among Kenyans) must enjoy more than 50+1 percent of the MPs in parliament failure to which, that party shall be asked to form a coalition government to ensure that the legislative business of government is executed. m) In the case of a presidential system of government, none of the MPs shall be a member of the cabinet. If the President appoints an MP to cabinet, such a Member of Parliament shall immediately resign and his or her replacement automatically picked from the Party list that was submitted to the IEC. n) Under this system, there shall be no by-election. Once a vacancy occurs in Parliament, the Party in which the vacancy occurs shall automatically fill the vacancy from the Party list supplied to the IEC. This is important to avoid acrimonious and often wasteful by elections as we know them in Kenya today. This is the system that shall serve both the current ethnic campaigners in central province as well as secure the interests of the dishonest politicians from the arid and semi arid regions. It is shameful that people who claim to be national leaders including ministers in the current illegitimate Grand coalition government can be involved in ethnic campaigns that divide the nation further instead of campaigning for more representative, more inclusive and simple system that shall promote national cohesion and diversity of representation in Parliament. To restore democracy in Kenya , we have to fundamentally transform the system of representation. Ensuring that the interests of all Kenyans are represented is the more important than the system of government. Once Kenyan fixes its system of representation as proposed here above, all the other issues including the system of devolution, land and the system of government shall be ease to fix. We have to remember at all times that democracy is about representation of interests. Cyprian Orina Nyamwamu NCEC P4C Safina.

FRIVOLOUS LITIGATIONS AND RIGHTS TALKS IMPEDING CONSERVATION EFFORTS.

Dear Sir/Madam, Seemingly “litigations” and “rights talk” have permeated the creases and wrinkles of our society so much so that even land grabbers and illegal settlers have the temerity to rush to the court of law to contest an eviction order issued by the Government. It matters less that the said eviction is informed by the cabinet`s decision to rehabilitate a water tower that has over the years been desecrated. Neither do the illegal settlers give a hoot that eviction talks have been with us for over a year now. Instead, the illegal settlers, acting with impunity continued unabated with their agricultural activities besides the wanton destruction of the Mau Complex. They now have the impertinence to order the Government to give them time ad infinitum to ostensibly harvest their crops. It becomes even more worrisome if one was to go by the intimations that behind the move to mobilize and incite councilors and the illegal settlers to seek an injunction are a cabal in Government. At this rate, it will become increasingly difficult to put the genie of impunity and grubbiness back in the bottle. As for the courts of law, one wonders why they appear to have set aside their qualms and waded in the murky waters of politics. Time and again we have witnessed the courts entertain suits aimed at challenging decisions of the executive and parliament. For instance, this year alone, the court entertained a suit filed by the then commissioners in the defunct electoral body challenging the legality of the decision of the executive and parliament to send the entire electoral body packing. Similarly, when parliament invalidated the president`s unilateral decision to reappoint top officials of KACC, the court regaled itself with litigations from some quarters. The willingness of the courts to entertain such suits serves as a pathway for judicial scrutiny of every single Government decision. This is an act that totally ignores the principle of separation of powers and is in the least, an abhorrent act to every right-minded citizen. Is it perhaps that the current constitution does not delineate the role of the judiciary properly? There is every reason that we should take up the task of setting equilibrium between the value of accountability through the court of law and the value of limiting judicial incursions on the autonomy of the Government to effectively discharge its sworn duties. In the meantime I urge all and sundry to take cognizance of the overriding interests of the larger public. The overriding public and professional opinion is that conservation of the country`s water towers is sacrosanct. It would be a vile presumption for anyone to attempt to think even for once that Kenyans will entertain politically motivated subterfuge on the rehabilitation of our water towers. TOME FRANCIS, BUMULA CONSTITUENCY.

Kenya-Venezuela Frienship, Bunge La Mwananchi social movement.

08/10/09. The 2nd Africa –South America Summit (ASA) And 3rd Cultural Festival with the people of Africa in Venezuela ,Caracas on September 20-27 , 2009 Reoprt. By Gacheke Gachihi Kenya-Venezuela Frienship, Bunge La Mwananchi social movement. ggacheke@gmail.com Phone +254720318049 The 2nd ASA summit and the III Cultural festival with the people of Africa in Caracas Venezuela this year was great historical connection of the two continents in advancing the peoples struggle and the south- south, platform. The ASA summit which was attended by a great number of head of states , from Africa and Latin America, improved from the first ASA summit that was held in Abuja Nigeria in 2006 in Africa by coming up with declarations, and commitment on concrete issues and action plan that will make the ASA platform more action oriented and deliver result as was indicated by the President of Venezuela Hugo Chavez who was the host of 2nd ASA summit in reducing ideas to action on the front of social justice in education with university of south, communication with Radio south and Talesur a television station for the south to broadcast programs from Africa and Latin America and cultural exchange festivals with the people of Africa. The Bolivarian government of Venezuela in the Summit singed agreement with, number of Africa countries in development of Energy and mines, education another agreement was also singed with UN agency of Food and Agricultural Organization (FAO) to help build irrigation infrastructure, in Africa and provide grants to train Africa students in Venezuela. The Summit also discussed the role of global south in agenda of Climate change and its implication to the people’s livelihoods in Africa and Latin America as the industrial nations continues to impose the burden of climate change to developing nations in the global south. The ASA summit also made agreement for creation of Bank of the south, to be a bank that will liberate the global south on imposed World Bank and IMF liberal economic policies that have brought the world to financial crisis. There was also an agreement to democratize the United Nation that remains controlled by few powers in the world, and make United Nation a platform and voice of the people of the world and not a club for few rich and powerful nations in the world , this concern was shared by President of south Africa Jacob Zuma who in his speech called for democratization of united Nations and Condemned the Honduras coup against President Manuel Zelaya, also calling for Obama Administration to lift economic and commercial blockade against Cuba, imposed by United States of America which is cruel and inhuman policy. The President of South Africa also pointed the historical connection of south-south cooperation that can be harnessed to mitigate the current financial crisis, he advised the Africa-South America Summit to call for fundamental reconfiguration of the global economy, for the south countries to assert its collective interests. The cultural festival with people of Africa and South America in the sideline of the ASA summit was to recognize the people of Africa and Latin –America, and Caribbean are from the same origin,they share the same struggles for self determination. The 3rd Cultural festival, By the peoples of Africa- and South America invoked great hopes and spirit, of resistance against imperialism, and economic blockades, coups against progressive government in Africa and South America, this resistance and hopes of overcoming the power of economic and political domination in the south manifested itself in rich Africa and south America Cultural performances, in form songs, dance Africa drumming by Venezuelan afro-descendants, resistance poems. Artistic expression, procession, in carcass, and visit to historical museums, that remind the struggle and resistance of black people against slavery and racism, Also in this program was visit to schools that empower the population of afro descendants, in Venezuela, and historical films and documentary about the struggle of peasants and indigenous people in Bolivia, Venezuela and Ecuador. Africa-South America Campesinos Press conference in Caracas. Photob by Gacheke Gachihi. The Cultural festival parade procession was commenced at historical Simon Bolívar square in Caracas, The minister of Africa foreign affairs, Renaildo Boliver who was accompanied by ambassadors from Africa , Who invited President of Venezuela Hugo chavez to address the parade of cultural festival and welcomed the delegations from Africa to the 2nd ASA summit in the Alo president program , Where Chavez engaged the delegation from Africa on live debate in the national television holding the map of Africa and showing where each delegation of women, students , peasants movements participating in the Cultural festival were coming from in Africa pointing Ghana , Nigeria , Benin , Gambia , Algeria , south Africa and Kenya that was presented by Maasai cultural group. . The Cultural Festival Parade ( Maasai from Kenya) In the next five days that followed the festival featured organized debates and discussion on the future engagement of the people of the south, historical resistance and struggle against imperialism,neo-colonialism neoliberal policies advanced by world Bank and IMF, and USA military bases in Africa, noted was USA bases in Colombia and United state African Command bases named Africom in Ghana and other Africa proposed Africa states , there was also commemoration of Pan-Africanist leaders who remain today as symbol of resistance against imperialism in Africa and south America , notably was Amilcar Cabral , Partrice Lumumba , Kwame Nkrumah ,Nelson Mandela , Gamal Abdel Nasser , Che Guevara , Salvador Allende, Fidel castro and Mwalimu, Julias Nyerere who was chair of south -south commission, this was followed by joint declaration by social movements from La via Campesina , women, students and cultural groups from Africa and South America., on peoples popular struggle and action plan that was be taken to advance the peoples struggle., against imperialism., and economic domination in the global south. Delegation members with Florentino workers. From Africa Ghana, Kenya and Chile and Ecuador, in south America we had an opportunity to visit various social programs project in Venezuela in the capital city Caracas at the Barrio and the other states in Venezuela, to see the social programs of the Bolivarian Revolution., the Program was organized by Ezequiel Zamora National Farmers Front (FNCEZ). At Barinas the Bolivarian Revolution government has started agrarian revolution in reclaiming land for sustainable agricultural development with organized cooperative movement and taking the land unused by big landowners for food production and the national interest of the country as the Bolivarian revolution economic principal is based on social justice, one example was Centro Technical Production Socialists named PLORENTINO , a farm of thousands acres with modern technology, for various production of agricultural products and inputs for farmers within the Barinas state that was started in 2005 with the help of the Bolivarian government , this land was idle land that was owned by oligarch of Venezuela but the government with the new Bolivarian constitution reclaimed the land which today is collective investment of peasants cooperatives and the Bolivarian state where the government provide , training and research for breeding of special milk cows within the environment machinery and technology to the peasants farmers around the Barinas state and in order for them to increase their agricultural productivity and enhance food sovereignty., One important lesson we leaned from this farm was great participation of women and youth in scientific research, of seed production and animal breeding that Africa continent can learn from., the President of the farm and representative of the peasant cooperative movement gave open invitation to Africa students, to come and acquire skill and knowledge , in the Institute. We also visited, Latin America institute of agro-ecological named after Brazilian educator Paulo Freire at Arvelo Torre alba Municipality, which was started by La Via campesina and Landless workers movement (MST) of Brazil and the Bolivarian government, the institute is to develop and defend the principals of food sovereignty of the people, and protection all native seeds of all types of farm production and putting value in peasant farming also strengthening the internal market within communities and search for new agrarian techniques, that provide high quality food production for the people and protect environment, and bio-diversity. The institutes also offer courses specialized in peasant, indigenous, and afro-descendants studies. Also train in participatory method, in integrating holistic scientific farming values that will strengthen, social movements in the country side while promoting a technology that is enriched with traditional knowledge, to defend food sovereignty against greed of capitalism. Paulo Freire institute of agro-ecological group photo. Under leadership of Ezequel Zamora National farmers Front a peasants rural based movement and Hon. Braulio Jose Alvarez who is also a national farmers organizer we visited cooperatives farmers with a joint Maize processing plant at Yaracuy state in Venezuela, where the Bolivarian government protect and promote manufacturing of foodstuffs, by small scale farmers with technology transfer from government of Iran, this processing plant is under arrangement of collective ownership with farmers cooperative movement, the maize meal flour processed in this plant is taken to the community market in a subsided price, this process help the cooperatives movements to own the means of production up to the finished product in the community market and advance right to food Maize processing plant at Yaracuy state. The 2ndAfrica -south America summit with the people of Africa in Caracas Venezuela this year inspire and challenge Africa grassroots social movements to acquire new political tools and skills that can empower liberation movements in Africa to develop and deepen theory and practice in organizing our people in the rural and urban areas, to advance social struggle in Africa, this against neo-colonial structures and neoliberal forces that keep Africa masses chained in poverty this Africa movements have to learn from resistance of social movements in Latin America, which have given birth to progressive government , in Bolivia, Ecuador, Venezuela, and Nicaragua. The peasants , and workers formation in Africa must be the backbone of this alternative leadership as class character that will shape our liberation movements, vital in this will be manifestations of our Africa resistance culture , that embodied liberation movements before in Africa which the indigenous social movements in Bolivia, Venezuela and Ecuador have utilized to ferment new resistance, which is the vanguard of resistance against imperialism and neo-liberal forces today in the global south. posted by Gacheke Gachihi of Bunge la Mwananchi Gacheke attended the above summit.

It’s ‘un-Catholic’ to trash others

By Philo Ikonya and Fwamba N.C. Fwamba DAILY NATIONOp/EdOpinion Opinion Posted Wednesday, October 21 2009 at 18:33 The article, “Catholic Church has no business endorsing the use of condoms”, (DN, October 19) that Henry Munene purported to be a reply to Okiya Okoiti Omtatah’s “Why Catholic Church should allow use of condoms in marriage” (Nation, October 13) was an example of how we stifle individuals who are not pro-status quo. Omtatah’s article dealt with the possibility of Catholic bishops reasoning out more candidly about Aids within marriage (where you often have discordant couples) and was a gentle invitation to reason, exhibiting much respect and love for the Church. He was even critical of condoms, but knows as a thinker and a believer that some people use them. In many countries, this is not a matter Catholics take the cue from bishops about. It is Africa that is worst affected by Aids where people do not question things. The clear ideas Omtatah put forward should have at the very least elicited a reply that recognises Omtatah as an individual who seems to have the courage to examine what many people would not touch, not out of being in agreement but out of fear of what others will think. We reject the attitude that other people must be criticised for their opinions. These would have killed Saul of Tarsus. Munene’s article was in bad taste as it addressed the person of Omtatah more than the ideas Omtatah holds. Why start by complaining about a person’s knowledge and saying what was so logical is illogical? Why finish by attacking Omtatah as a political activist and going on to ridicule this man’s actions politically and to imagine that he has the intention of tying himself to the gates of the Basilica? Was the writer blinded by something so that he dragged in all that he could about Omtatah’s life? Munene, since he is “confirmed” — as he refers to himself — needs to try and emulate the sober analysis of saints such as St Thomas Aquinas and the love of Mother Teresa. HE NEEDS TO LEARN THE PRACTICE of correction in order to win. The Catholic Church is replete with examples of how to differ with an opinion without insulting the image of God in the form of another person. Those aligned with the political status quo do not like Omtatah’s capacity to follow his conscience. On October 6, a lorry-load of policemen arrived outside Omtatah’s home in rural Busia. They wanted to search Omtatah’s house, but could not, because the family demanded a search warrant. There is something to recognise here. But Munene only sees an enemy, both political and religious and trashes Omtatah’s bold acts. He dismisses him and other political activists all because of misunderstood notions on the condom. Omtatah moved many of us when at a moment when our beloved Church and others had lost all moral authority and seemed to have been ripped apart by politics, he defended life by coming out and chaining himself to the gates of Vigilance House. People were being killed and there were no voices of reason being heard. Omtatah did what everyone who believes in the sanctity of all human life should have done. Anyone who acted at this time was not acting for fame. They were risking life and limb. It is sad to see that Munene is not able to respect the dignity of another who is equally enthusiastic in the defence of life; I hope that he edits physics and not the humanities. It is wrong for one to believe they have the power to crush others, and to take for granted that readers will not notice that the article Munene wrote is not a reply to what Omtatah discussed. The writers are human rights activists.

Hon. Sambili’s Move to Reinstate Umuro Wario at Kenya’s Youth Fund Should Be Lauded

The government’s decision to reinstate Mr. Umuro Wario to continue serving as the Chief Executive Officer of the Youth Enterprise Development Fund should be highly lauded. It’s a point of victory for public officers who risk their jobs by committing themselves to fight corruption. Kenya’s biggest problem with the war against corruption has always been having the corrupt have their day whenever they fight back. This has happened to so many competent people before. A number of committed and hardworking officers have often lost their jobs whenever they showed determination to fight graft. A few years back it was confirmed that in Kenya, corruption fights back. It happened to Goldenberg whistle blower David Munyakei who lost his job and died in agony after he revealed how Kenyans had lost billions of shillings through the Goldenberg scandal. The same nature of machinations worked so hard to remove true anti corruption crusaders from transparency international. It was such kind of behind the scene political games by some board members that two very competent CEO’s Mwalimu Mati and Gladwell Otieno were consecutively removed from TI Kenya. Transparency International is just one example among many where officers committed to sincerity end up losing their jobs because of the greed and immorality of some of the board members of those institutions. The minister in charge must be lauded for taking a bold action and making the truth carry its day by re appointing Mr. Wario. The minister has shown that if we all work for the truth, the just will always get justice too. The initial sacking of Mr. Wario was like condemning those who fight corruption within the institutions where they work. This is because the ground of dismissal was based on the fact that he didn’t cooperate in the approval of some questionable deals pushed by the board. He must be lauded for standing strong in the interest of Kenyan youth when he refused to approve a ‘loan’ of ksh.300million to a Canadian NGO. Its noticeable that some politically connected board members wanted to use their political influence to blackmail the CEO into approving projects that mattered to their own selfish interests and not in the interest of the Kenyan youth. It’s important that the minister was able to rescind her own earlier move of sacking the YEDF CEO after finding out the truth. As the minister appoints new board members it’s important to ensure that new faces are put on the board to make the YEDF operate without any external coercion from various political interests as it has been before. The minister should now move to ensure that the board is fully reconstituted to include people who will work in the interest of the Kenyan youth and not those who will end up arm-twisting the CEO to give’ loans’ to foreign NGOs. A new board I believe will come up with a new way of implementing the youth projects and also oversee the funding of the youth groups by merit and not through political manipulations. Wario is one of the competent young people who are emerging in providing leadership in different sectors of our economy and it’s wrong for individuals to use tribalism or any other form of bigotry to sabotage such talents. He is also is famed for having rolled out the audit of the Kenya’s free primary education when he worked for the ministry of education. I really wish that other ministers and government officials emulate the youth and sports minister Prof. Hellen Sambili and stand and support the truth always whenever circumstances of this nature arise. Through this, we shall achieve a lot in our war against nepotism and all other forms of corruption. It must be fought from all corners and sacking public officers who help fight it is not one of the methods of ridding our society of graft. FWAMBA NC FWAMBA NAIROBI +254721779445