1982 COUP- DOMINIC ODIPO OF THE STANDARD GOT IT ALL WRONG

Habari Mwalimu Odipo

I served the Kenya Air Force as a Legal Officer for a number of years. Allow me to correct Mr. Dominic Odipo or is it Professor Odipo? He got it wrong all in his commentary today. To begin with, Hezekiah Rabala Ochuka, was and has never been a Senior Sergeant in the Kenya Air Force. He was a mere Senior Private Grade 1. That is the lowest ranking Non- Commissioned Officer in the Armed Forces of the Republic of Kenya. His main accomplice was one Senior Sergeant Pancras Oteyo Okumu. Both were hanged after trial and conviction by Court Martial. Mr. Odipo's intimation that Ochuka was a Senior Sergeant is incorrect and a distortion of historical facts. He should correct it if his intention is to infom the more than half of the Kenya population he claims have no knowledge of the attempted coup.

Odipo appears to suggest that the Armed Forces should make merry and celebrate August 1 as a milestone. This exposes him as an ignorant person on matters military. The primary duty of the Armed Forces of any country is the defense of the territorial integrity and political independence of the State. The legitimacy of a government is not the same thing as it is competency. Members of the armed forces are trained to obey a legitimate government and have no mandate or authority to question its political competency. The armed forces are supposed to be politically neutral at all times and that is why mutiny or the willful disobedience to the established political order is one of the most serious offences that can be committed by a serving officer or soldier. It is punishable by death.

There is nothing to celebrate about the unfortunate and disgraceful events of August 1, 1982. The character of any nation, country or state is defined by the behaviour of its armed forces. Kenya was about to suffer the ignominy of a military dictatorship or sink to a state of absolute lawlessness due to the political adventurism of a few people. There are those who think that the coup plotters are heroes and have all the right to think. They even have a right to claim as they do that Ochuka ruled Kenya for 6 hours if that serves any purpose to their egos. It is however wrong for an intellectual to seek to justify the overthrow of a lawful constitutional order through illegal means. It was unacceptable then and still is today. The civilian accomplices of the 1982 attempted coup plotters were lucky to get way with it, notwithstanding the number of deaths, suffering and destruction they visited upon Kenyans. Some are still unrepentant and have even glorified their participation in biographies. Ironically, one or two are even seeking a political office that will bestow them with the title "Commander- In - Chief of the Armed Forces of the Republic of Kenya".

Political pluralism was no restored in Kenya after the attempted coup. If anything, history shows that the government and the political regime became more repressive. That was the main lesson that the political adventurers of the time should have learnt. 1982 was not the first time that politicians had attempted to take overthrow a legitimate government in Kenya. There were other mutinies in 1964 and 1971. Records are there to show who were involved and the resultant action by government. The plotters of the 1982 coup did not seem to have learnt anything from the earlier events. Their sympathizers do not seem to have learnt any lessons too and love to politicize even military matters they have very little knowledge about up to this day. This is sad for our nascent democracy. It is bad to glorify the events of August 1, 1982 or to even suggest that our Armed Forces should regard that day with any significance. August 1982 is a bad chapter in the history of the Kenya Air Force and the entire Armed Forces of Kenya.

MUNGIKI KILLINGS: KENYA NEEDS A POLICE COMPLAINTS AUTHORITY NOW.

POLICE KILLINGS: KENYA NEEDS A POLICE COMPLAINTS AUTHORITY NOW.
The greatness of an institution can be measured by the strength of its internal investigations." -Robert S. Mueller, III

The Kenya Police Force is a creation of the Police and the Administration Police Acts, Chapters 84 and 85 of the Laws of Kenya. The Commissioner of Police, a constitutional office holder, enjoys extensive statutory powers in the administration, discipline and superintendence of the force.

A glaring omission in the two Police Acts is the lack of a procedural framework for redressing citizen grievances against members of the force. Ordinary Kenyans have little or no administrative recourse against wilful or inadvertent transgressions of the law by police officers. Police Commanders have wide discretionary powers over issues relating to discipline and normally adopt a standard response that “the police are carrying out investigations” whenever they are faced with queries regarding wayward behaviour involving their juniors. This perfunctory response has become the euphemism for shoddy police services in Kenya. The events of the last two months have brought into sharp focus the ability of the police force to deal with excesses within its ranks. The months of May and June were marked by major security operations leading to the loss of over 100 lives with the police losing 12 of their own. We ought to salute these gallant soldiers for putting their lives on the line in the defence of public safety and security. The press has reported numerous complaints and accusations that the police killed and harassed innocent people in their bid to crush the Mungiki sect in Nairobi, Central Kenya and Rift Valley. Similar complaints have been made in Mt. Elgon where the police are battling the Sabaot Land Defence Force (SLDF) and in Kwale where they carried out an operation against members the Mombasa Revolutionary Republican Council (MRRC).

The provisions of the Criminal Procedure Code, the two Police Acts, the Force Standing Orders and the Police Code of Regulations, bind police officers in the discharge of their duties. In addition, every security operation is supposed to have specific Operational Orders (OPOs) or Rules of Engagement (RoEs) which must be strictly observed by every officer involved. These rules are intended to avert casualties and minimise collateral damage. Failure to observe operational orders may lead to unnecessary fatalities or casualties on both sides.

The Criminal Procedure Code stipulates that whenever a person dies in the hands of a police officer, a magistrate’s court or a police station commander should hold an inquiry to determine the circumstances that caused the death and whether an offence has been committed. The continuing public outcry and agitation by pressure groups could be an indication that these provisions are not being observed in respect of the victims of the recent police operations. Wishing away these complaints would be contrary to the spirit of the ongoing police reforms as envisaged in the Kenya Police Service Strategic Plan 2003-2007.

There is an urgent need to create an internal mechanism to check excesses and investigate non-compliance with standing orders and operational guidelines by police officers. The Kenya National Human Rights Commission (KNHRC) and even the recently created Public Complaints Committee (PCC) do not have the requisite capacity to discharge this function. Owing to their civilian character, these bodies do not have access to police intelligence reports and operational orders. Security operations are highly secretive in nature and civilians have no access to classified operational and logistical information.

The Commissioner of Police should invoke his powers under sections 4 and 5 of the Police Act and establish a specialised unit to handle complaints against police officers. The establishment of such a unit is contemplated in the Force’s strategic plan. Maj. Gen. Mohammed Hussein Ali should borrow a leaf from the United Kingdom, Canada, Australia and closer home, South Africa and create an Internal Affairs Unit or an Office of Professional Responsibility for the police. In those countries the Internal Affairs Unit acts as the guardian of the police force’s reputation. It is usually headed by a senior officer of excellent integrity who is directly answerable to the chief of police. Gen. Ali should create a special unit with the mandate to conduct comprehensive proactive and reactive investigations into allegations of corruption, serious misconduct and unethical and unprofessional behaviour against members of the force. The unit should also have the mandate to investigate alleged incidents of harassment, use of unnecessary or excessive force, use of language or conduct that is insulting, demeaning, discriminative or humiliating.

Police officers are entitled to certain rights like all citizens. An internal investigative division will provide procedural safeguards to ensure that all complaints are supported by sufficient evidence. The unit will entrench due process and protect police officers against punitive administrative action by superiors. The cases of the two General Service Unit (GSU) officers who were dismissed after an operation against the Mungiki sect in Murang’a North would have been investigated by the unit. Such a unit managed by peers can effectively adjudicate cases of administrative discipline based on investigations to determine if the allegations are truthful and recommend appropriate disciplinary action. This is because contemporaries who comprehend the exigencies of duty, the operating environment and attendant rules are usually more effective in the investigation of cases of professional misconduct.

Kenya is a nascent democracy with a vibrant private and public sector commercial enterprise. The country requires a police force that is committed to providing professional high quality service to all. The establishment of an internal investigative unit will promote the highest attainable standards of integrity, professionalism and accountability in the Kenya Police. The unit will be most effective if it is placed directly under the command of the Commissioner of Police. The Police Strategic Plan proposed the creation of a Police Service Commission, an Oversight Board and a Police Complaints Authority. Parliament has not yet passed the enabling legislation for the realisation of this vision. In the meantime, the KNHRC, the PCC and Parliamentary Committees can play the higher role of auditing and reviewing the reports of the Internal Affairs Unit to determine the efficacy of the Police Force’s internal disciplinary process. Public confidence will be strengthened by ensuring that allegations of corruption or misconduct by police officers are taken seriously, carefully investigated by skilled officers, and reviewed by an independent body.

EQUITY BANK: ATTACKS ARE UNJUSTIFIABLE

ATTACKS ON EQUITY BANK ARE UNJUSTIFIABLE

It is trite law that an investigating officer may only arrest a suspect or commence an investigation on the basis of reasonable suspicion. This procedural safeguard is aimed at discouraging frivolous and vexatious accusations or anonymous complaints, which may be injurious to another person. Mr. S. K. Patel, who complained against Equity Bank, has not stated the capacity in which he is complaining. He has not demonstrated any breach of the law or fiduciary obligation by Mr. James Mwangi the CEO of the bank or it’s Board of Directors. As a depositor, he is required to cite a specific breach relating to lending, shareholding or dealings with customer deposits contrary to the provisions of the Banking Act. Alternatively, he could cite non-compliance with the disclosure requirements set by the Prudential Guidelines under the Central Bank of Kenya Act. As a shareholder, he needs to show fraud or breach of a fiduciary obligation owed to him and other shareholders by the Board or a specific director. A complaint against management should relate to a specific contravention of the bank’s Internal Rules of Management.

His complaint does not cite any specific breach of the Companies Act or the Capital Markets Authority Act regarding the capitalisation of the bank in the creation, allocation and issuance of its shares. If he is not a shareholder or a depositor with the bank, he lacks the locus standi or the capacity in law to make the kind of allegations he is making. To sustain a claim of impropriety, Patel ought to demonstrate that Mr. Mwangi has done something wrong while discharging his duties in his capacity as director qua director at Equity Bank and not in any other capacity. Secondly, the improper act must be illegal or unlawful and thirdly the act must have been prejudicial to the interests of the bank or have occasioned loss to another person. Without these elements, the attack on Mr. Mwangi regarding his past association with another institution is spurious at best.

The CBK confirmed that it has received similar generalised complaints against Equity in the past. What has spurred these attacks against the bank and its management? The detractors of Equity have not produced any specific evidence of wrong doing or breach of the law on the part of Mr. Mwangi or the Board of Directors of the bank. They prefer to remain anonymous and their attacks are mere generalised accusations which do not disclose what fiduciary duty they are owed by the bank. The public is thus entitled to construe their accusations as unethical business practice by desperate competitors or political mischief by persons acting at the behest of the competitors. Nevertheless, the allegations found their way to parliament last week and Honourable Members of the August House devoted considerable legislative time to debate them. And there lies the irony. Is there a hidden hand behind these attacks?

The detractors of Equity base their attacks on its rapid growth as well as the attention its shares are receiving at Nairobi Stock Exchange. This exposes them as seriously uninformed. Equity is not a bubble. The bank has existed for over 20 years albeit in different legal capacities. First, as a Building Society registered under the Building Societies Act, and now as a Commercial Bank, registered under the Companies Act and licensed under the Banking Act. It was during its former existence that the bank’s unique business model and brand were conceived and nurtured. Its is this model that has appealed to many Kenyans in the lower end of the industry and attracted cognition and applause from international bodies.

Equity’s is foundation was laid during its days as building society. Curiously, the institution did not attract much attention then from competitors and politicians. Its competitors in the financial sector then ignored or laughed it off at best. When Equity took its brand to the low-income earners in the countryside and the poorer neighbourhoods of our cities it found a ready market. A population that had been rudely turned away and denied access to financial services by the multinational institutions that had closed shop and withdrawn services from these areas welcomed the bank with open hands. The bank revolutionised and demystified banking when it adopted a unique marketing strategy. It opened marketing stalls along the streets of Nairobi and rural markets and earned the stale joke as the “Hawking Bank”. The strategy worked well and it has made Equity what it is today. When it hit the mark of 1 Million depositors, the bank went further to reduce or completely remove charges for many services offered to its customers. Its main competitors are now following the same strategy and model. Institutions that may have chided Equity in the past have now placed open stalls at strategic streets to sell their financial services. The current joke among the depositors of Equity Bank is that “our bank has since left the streets and hawking to those other Banks”. The managers of Equity can pride themselves that they set the pace which others are now following.

The attack on Equity is not just an attack on Mr. James Mwangi. It is an affront to local enterprise. Mr. Mwangi has broken the myth and demonstrated that indigenous Kenyans have the capacity to build and nurture local institutions that can compete well with major institutions from the financial capitals of the West. The foreign capitalist behemoths in Kenya must wake to the reality that local enterprise has come of age. They have to ready themselves to compete with “local irritants” that are fast invading their traditional territories.

Equity occupies a unique position as a bank developed by Kenyans for Kenyans in an industry dominated by foreign companies. It has existed as a Commercial Bank for slightly over three years. An allegation of fraud against a bank is a serious matter. The industry operates and is dependent on trust. The acts of bankers must be acts uberrima fides, of utmost good faith at all times. Depositors and the general public must never be put in doubt or anxiety without any reasonable justification. The institution survived for long and did well as a Building Society. As a bank, it is even under more scrutiny and regulation by the Capital Markets Authority, the Supervision Division of the Central Bank of Kenya and the Registrar of Companies. Fraud investigators and regulatory authorities cannot and ought not to commence investigations on the basis of anonymous and generalised allegations that contain no clear evidence to raise a reasonable suspicion. The unsubstantiated allegations of fraud against Equity and its management could hurt the bank and adversely affect the financial sector if they are taken up by politicians and given an aura of a reasonable suspicion. If the MPs who raised the matter in Parliament had no other information apart from Patel’s letter, then their actions were clearly reckless, an abuse of parliamentary privilege and a violation of the Rules of Parliamentary Practice and Procedure in the Commonwealth. It would be prudent for the political class in Kenya to protect local institutions and leave regulatory matters to the established specialised agencies that are best suited and competent to handle them.

PHILIP OCHIENG'S UNITED STATES OF AFRICA- A PIPE DREAM

RE: UNITED STATES OF AFRICA- A PIPE DREAM

I am a keen reader of Mr. Philip Ochieng’s pieces and I have read most if not all of his writings since the "Kenyatta Succession". His pieces tantalise the mind and are highly informative. He is a literary celebrity and a societal icon.

His article in the Sunday Nation of 8th July 2007, on the visionary United States of Africa however left me more perplexed than informed. His hypothesis linking the Afar people with the USA (sorry, African) dream is based on presumptive propositions rather than historical facts. First, the Afar are not Hamitic but Cushitic. Their cousins the Issa and to an extent the Gurgura are Cushites too. Their other cousins the Oromo and the Saho also fall under the Afro- Asiatic nomenclature of the Cushitic people.

Available history and anthropology does not seem to suggest any linkage between the Afar and the Ancient Ghana. The Afar occupy the farthest corner of the Horn of Africa and the Danakil depression (desert) which is possibly the harshest human habitat in Africa . To suppose that they are part of the Sudan belt is to stretch our imagination too far, beyond the bounds of reality and history. What links the Cushitic Afar with the Nilo- Hamitic occupants of the Sudan belt?

The swathe of land separating the Afar homeland and the Sudan belt is the historical homeland of the Afro- Asiatic Semitic group comprising of the proto-type Geez speakers represented by the Amhara and Tigray of Ethiopia and the Tigre-Tigrinya and the Tigre- Bin Amer of Eritrea. The Tigre- Bin Amer are also found in the present-day Sudan and speak a dialect with the closest linkage to the original Geez. The neighbouring stretch is the homeland of the Nilo-Saharan people who are truly the Western Ethiopians (Hesperias Aethiopas) and the sojourners of the ancient civilisations in Ghana , Mali and Songhai . In the documented history of the Sudan and Abyssinia , the Afar do not feature at all. Their supposed contribution, if any, to the expansion of the ancient kingdoms of Ghana is not accounted for. The Afar are not related to the Tuareg Berbers of the Sahel too, not in terms of ethnic morphology or language. Although both are part of the Afro-Asiatic family the Tuaregs are Berbers whereas the Afar are Cushitic.

The Afar cannot be a nucleus for the “African Dream”. My experience as a humanitarian worker in the greater horn taught me a few things. Our Cushite “brothers” (neighbours is more appropriate) will frown and abhor any inference or description which classifies them as “Africans”. Any person who visits the Dadaab and Kakuma refugee camps can witness it for themselves. In the Geda-a- Shariff refugee camp, in Eastern Sudan the separation lines between the Afro- Asiatic groups and the “True Africans” are very clear. Probably the Afar have an answer, to this question, why is it so hard for the Cushites to accept the description of “African” even in trauma? I have always found Mr. Ochieng’s propositions plausible, but I beg to submit and respectfully so, that on this one, Mr. Ochieng lost me.

Colonel Muammar Abu Minyar al-Gaddafi may have a dream, one for Africa. His Tuareg- Berbers forerunners had one too. A dream of conquest and plunder. Edged on by the invading Arab slave masters they attacked Sahel, leading to the demographic implosion of the ancient Ghana, Mali and Songhai. The ancient Egypt, Sudan and the Congo belt were not spared the forced migration either and hence the perpetual claims of linkage to mythical homelands by many peoples, nations and nationalities in sub-Saharan Africa. The Arabs have rejected Col. Gaddafi, the Tuareg and his overtures for a larger “Arabiya”. He is wounded and feels slighted and hence the request to his African “brothers” to forget history, lick their wounds and get on with the dream. Isn’t history repeating itself here?

PYRAMID SCHEMES IN KENYA: CENTRAL BANK HAS NO POWER OVER THEM

CENTRAL BANK HAS NO POWER TO CONTROL CRIMINAL ACTIVITIES OF PYRAMID SCHEMES.


The Central Bank of Kenya has continued to face a barrage of accusations and criticism over the collapse of pyramid schemes which have fleeced Kenyans of millions of shillings in their wake. It is not entirely right to blame the Central Bank of Kenya (CBK) for the continued operation of these pyramid schemes. For starters, pyramid schemes are essentially fraud scams whose sole intention is to unjustly enrich their originators using deceptive methods by promising handsome financial returns to vulnerable participants. The sad thing is that thousands of Kenyans continued to be deceived by these fraudsters in spite of repeated warnings by the CBK.

The CBK is creation of and operates under the Central Bank of Kenya Act, Chapter 491, of the Laws of Kenya. Its purpose is to regulate commercial banks and financial institutions created or licensed under the Banking Act, Chapter 488, of the Laws of Kenya. The CBK has a Supervision Division which discharges this function to instil and ensure prudence in the management of commercial banks and financial institutions. Section 16 of the Banking Act prohibits the collection of cash deposits by any person or organisation which is not licensed under the Act. The supervisory role of the CBK does not however extend to entities that are not licensed under the Banking Act. The bank said as much when it warned Kenyans against participating in pyramid schemes in February this year.

The proprietors of pyramid are aware of the CBK’s role and limitation in the supervision of the management of banks and financial institutions and they have conveniently chosen to operate outside the ambit of the CBK Act. They have registered their schemes as Co-operatives under the Co-operatives Act, Chapter 490 Laws of Kenya, or as societies under the Societies Act, Chapter 108 of the Laws of Kenya. Those who are bolder have registered the schemes as business associations under the Companies Act, Cap 486 or the Registration of Business Names Act, Cap 499. Past media reports indicate that some are even registered as Non- Governmental Organisations (NGOs) or Community Based Organisations (CBOs). The registration and supervision of these entities falls squarely under other regulatory or registration bodies and not the Supervision Division of the CBK. The proprietors of the pyramid schemes have avoided the provisions of the Betting, Lotteries and Gaming Act, Cap 131 by omitting to define their operations as lotteries or games of chance. They have adopted this clever way to avoid the scrutiny of the law and supervision by the CBK or the Betting Control and Licensing Board.

Kenyans who have invested in these schemes have nobody but themselves to blame. These schemes are essentially fraud scams which are tailored along the same lines as Multi Level Marketing Schemes. Whereas multi level marketing schemes require a participant to do something, i.e. to sell a product after which a determined commission is paid, pyramid schemes promise participants huge returns after investing little or no money at all and putting no effort. Investment in these schemes is driven by sheer greed, naivety and a desire to make a quick buck without any effort. The proprietors prey on a gullible population that has poor ethical values and little knowledge of financial management. A population that glorifies possessions and wealth irrespective of the method used to acquire them is more susceptible to the schemes of financial fraudsters. The activities of the proprietors are fraudulent and criminal. The Kenya police has arrested and correctly charged a few of the schemers with the offence of obtaining by false pretences contrary to section 313 of the Penal Code. Kenyans should be wary of any deal that sounds too good to be true. Any person who promises them that they can make huge amounts of money, with very little investment, and very little work, is almost certainly not telling the fact. Participating in any pyramid scheme or any other scheme which promises that a person will get rich quickly, with little effort is foolish at best. The participant will most likely only lose money to such a scheme, and may even find themselves liable to legal prosecution for fraud. True wealth can only gained through honest work, and honest investment, in enterprises which produce goods and services of value to all. There are no shortcuts, and anyone who tells you otherwise is almost certainly out to deceive you.

The Central Bank can however help the Kenya Police and other registration and regulatory bodies to control the activities of these fraudulent schemes by sharing information that comes to it in the discharge of its statutory mandate. Pyramid schemes conduct their money business through legitimate accounts held in commercial banks and other financial institutions. The schemes have survived by hoodwinking participants through a complex web of financial transactions that involves the process of layering and shifting funds from one region of the country to the other. That is why participants in one region of the country are able to access their money and returns while others in another region cry foul. These activities amount to what is known as forward money laundering by forensic and financial fraud investigators. To defeat the audit trail, the perpetrators avoid receiving direct deposits and issue photocopied receipts as evidence of participation in a scheme.

The CBK can curb the proliferation of the schemes by requiring banks and financial institutions to strictly adhere to the Central Bank of Kenya Prudential Guidelines for Institutions Licensed under the Banking Act. Prudential Guideline No. 8 requires all commercial banks and financial institutions to observe Know Your Customer (KYC) procedures and verify the identity of all the natural and legal persons who hold and operate accounts with them. They are also required to maintain and file with the CBK a record of all suspicious activities and transactions that go through their customer accounts. The multiple deposits, layering and shifting of funds made through the accounts of pyramid schemes are reportable transactional activities under these provisions. The Suspicious Activity Reports (SAR) and Suspicious Transaction Reports (STR) can help the CBK and criminal fraud investigators to detect and identify the operation of pyramid schemes early enough and inform the relevant regulatory authorities. This can also help the CID, police and other fraud investigators to unmask the real faces behind each scam. Pyramid schemes which operate under the guise of legitimate business entities, co-operative societies, NGOs or CBOs can subsequently be dealt with or deregistered by the relevant regulatory or registration authority. The Criminal Investigations Department (CID) of the Kenya Police should also take up this issue with greater vigour and apprehend and prosecute all the perpetrators of pyramid schemes and other financial scams around the country. They can use the STR and SAR reports filed with the CBK to follow the audit trail, track the perpetrators of the schemes and gather and preserve evidence for eventual criminal prosecution.

Twitter: @DeCaptainCFE

LEGALISE ABORTION NOW

Allow me to comment on the raging debate on the merits and demerits of legalising abortion. I support the legalisation of abortion. The law that prohibits abortion in Kenya is one of the oldest and archaic pieces of legislation in our statute books. The Penal Code, Chapter 63 Laws of Kenya is in serious need of reform in several aspects in order to put all Kenyans in the same pedestal with the rest of the world in the full enjoyment of fundamental human rights.

Parliament should speedily repeal sections 158,159 and 160 of the Penal Code and allow abortion in Kenya. The government should even go further and provide the appropriate equipment for carrying out this medical procedure in all major pubic hospitals. This is for a number of reasons. To begin with the high rate of reported violent crime and sexual offences such as rape, incest and defilement means that a very big number of girls and women in this country stand a very high risk of being put in the family way against their will. The socio-psycho trauma of bringing up a child conceived as a result of rape, incest and defilement is unbearable for most victims and survivors of sexual abuse. Any society worth its status ought to enact laws and social norms that protect rather than denigrate the weak and the narginalised.

Secondly, the rapid rate of urbanisation and the attendant erosion of the moral fabric of our traditional values have resulted in numerous social problems. The aping of foreign ideologies and the adoption of an economically superior but morally inferior western culture by our youth has resulted in many cases of teenage pregnancies. The inevitable consequence has been the birth of many unwanted children all over the country. Research has linked the presence of many neglected and homeless children in our urban centres to these problems. Moralists who are opposed to the legalisation of abortion should demonstrate responsibility by establishing institutions to cater for these neglected and homeless children. There is no morality in living affluence and privilege while innocent souls who had had no control over their procreation wallow in abject poverty. It is even worse when the privileged class seeks to impose its “morality” regarding the right to procreate on the victims.

Finally, outlawing abortion denies women the right to take control of their productive powers more so in a male dominated society such as ours. Allowing it on the other hand will give qualified medical personnel the ability to set up institutions where the procedure can be carried out safely using the right equipment. This will give our women and girls the ability to exercise their right to determine if, when and with who to bear children. At the moment, abortion is carried out in secret in unsafe underground facilities often by unqualified people who do not have the right equipment. Past media reports indicate that Kenyatta National Hospital, the regional referral medical centre has a specialised unit that deals with complications arising out of botched abortions.

We cannot continue to bury our heads in the sand, abortion is happening all over the country. Pretending otherwise is to live in a fool’s paradise. Women deserve the right to take control over their productive powers. This is a fundamental human right. I hope our male dominated parliament will take heed and legalise abortion.


wanderim@yahoo.com
Capt. (Rtd) COLLINS WANDERI, LL.B (Hons),
PGD (HRM), Nbi, L.L.M (Can) UNISA, Dip. Law, KSL, CPS (K), ACFE
Advocate, Commissioner For Oaths, Notary Public.
NAIROBI
KENYA.

MUNGIKI DESERVES NO MERCY

MUNGIKI DESERVES NO MERCY

Since the beginning of this year it has been rare to miss news about the mungiki sect in the mainstream print and electronic media. The sect whose public image is that of dreadlocked snuff taking youth singing circumcision songs and engaging in warlike dirges, has captured the imagination of Kenyans and gained prominence in both print and electronic media. The sect was proscribed on 15th November 2002 and declared a danger to the good government of the Republic of Kenya. This action by the government does not seem to have deterred members of the sect or dampened their spirits. They have continued to carry on with their activities unabated. The mere mention of the sect evokes disgust, fear and despondence in the Capital City of Nairobi, Central Kenya and some rural and urban areas of the Rift Valley province.

But what is this sect all about? Does it deserve the prominence and the profile it is accorded by the media in this country? Does it have a justifiable ideological platform or a socio-economic or political agenda? Does it enjoy any sympathy from the general populace or the political class in Central Kenya?

The propagation of outdated cultural practices and outright criminal activities have catapulted the sect to the national limelight and made it the subject of study and comment by a number of social scholars. Mungiki started as an association of unemployed youth but has now grown into a monster which threatens the lives and livelihood of many people in Nairobi, Central Kenya ands parts of the Rift Valley. At the beginning the sect espoused what appeared to be very noble ideas and did not raise any suspicion in the eyes of the general populace. It did not seem to attract the attention of the Police and the provincial administration. In the early 1990s the sect appeared to enjoy some semblance of political support from leaders who had in the past been associated with the defunct Gikuyu, Embu and Meru Association (GEMA). There are even some politicians from regions where the sect is prevalent who made claims to suggest that the sect has similar ideologies to those of the Mau Mau. Nothing can be further from the truth. Mungiki is nothing more but a collection of idle youth and lay-a-bouts who wish to reap where they did not sow. Members of the sect use poverty, joblessness and economic disparity as justification and rationale for their existence and perpetration of illegal activities. The sect has essentially colonized parts of Nairobi City and almost all the urban centers in Central Kenya where they levy illegal taxes in the form of protection fee. The sect has specifically targeted the transport industry and uses force and threats to extort ransom in the form of a daily protection fee from matatu operators and other transporters. Many a businesspeople and budding investors in the transport sector have fallen victim to the shenanigans and machinations of the sect. They are forced to pay an entry or daily protection fee to be allowed to commence their business. The sect has assumed the character of a quasi government body with its own laws, licensing rules, taxation regime, and court system.

The activities of he sect are not essentially restricted to the urban centers. It has spread its wings in the rural areas of Central Kenya and parts of the Rift Valley where its members reign supreme. The rural population in Central Kenya may not be speaking or shouting themselves hoarse about it, but they are bearing the brunt of the illegal activities of the sect. Many a farmers, teachers, shopkeepers and other traders have been forced to abandon the comfort of their upcountry homes and relocate to urban centers for their own safety and that of their families. They have become refugees in their own localities. The sect has been sending emissaries and missives to them demanding protection fee and warning of dire consequences to any person who dares report them to law enforcement officers. The sect does not issue idle threats and those who refuse have been attacked and subjected to orgies of violence in their own homes. This has resulted in forced migration of enterprising people from their localities with the result that once vibrant villages have become pale shadows of their former self. It is not a wonder that the Kenya Police has linked the high rate of violent crime in Nairobi and Central Kenya to the activities of this sect. The sect has become parasitic and anti development. It stands for nothing of value to the rural community. It has forced people to live in fear and adopt a culture of complacency, suspicion and silence. The intimidation of the general populace by the sect in many parts of Central Kenya has killed entrepreneurship, innovation and art. Entertainment spots in the region have become gloomy and abandoned. They have lost their appeal and glamour of yesteryear. Women and girls in many villages where the sect has strong adherents do not venture out of their homes after certain hours of the day. They also walk around in fear lest they are subjected to Female Genital Mutilation (FGM). This group deserves no mercy. The government must act now and should not allow the sect to continue to hold an entire community hostage. A decisive action needs to be taken now and not later. The sect is currently a band of criminals with no political ideology and agenda but if the Police and other law enforcement agencies do no take a decisive action now, it could easily mutate and transform itself into a potent political force with legitimate grievances. It could even grow into a recognized belligerent group waging war against a legitimate government. The sect’s brazen past attacks on Police stations in Murang’a and Nyahururu and the recent killing of law enforcement agents is a clear pointer and testimony that its adherents are prepared to go overboard. The recent distribution of leaflets in parts of Central Kenya urging the youth to join the sect and take up arms to fight the “enemy” is another clear indicator that its activities now transcend ordinary crime. The Police and the provincial administration must become more innovative and imaginative in dealing with this menace. The traditional crime intelligence efforts do not seem to be bearing any fruits with the sect. The security agencies must therefore adopt new approaches to detect, apprehend and prevent the crimes perpetrated by he sect. The Judiciary must also be sensitive to the interests of the general populace when determining cases relating to the activities of the sect. It is only this week that a court in Nyeri convicted 43 people for being members of the proscribed sect. Instead of striking a blow for the public, the court let the convicts off the hook with light sentences. This is the kind of action which emboldens the sect to act with impunity. The judiciary ought to appreciate the dangers posed by mungiki and other criminal gangs and compliment the efforts of the Police and other law enforcement agencies in curtailing criminal.

The political leadership in Central Kenya must also dissociate itself from the sect. The elected members of parliament (MPs) and aspirants for political seats must wake up to the reality that the activities of the sect pose a major threat to the economic, social-cultural and even political development of the region. The economic development and future prosperity of the people in the region is now under threat due to the outdated and criminal activities of the sect. The political leaders in the region should desist from making public pronouncements that create the impression in the minds of security officers that the sect ought to be handled with care or treated with kid gloves. It is time that the chickens come home to roost as far this sect is concerned.

The general populace in Central Kenya has become restless and do not seem convinced that the government is ready and willing to rout out the sect from their midst. This perceived lethargy by the law enforcement agencies have led to mass protestations by members of the general public as well as matatu owners and operators. Matatu owners and operators have suffered the most at the hands of mungiki and have on numerous occasions taken up arms to defend themselves against the sect. Their open conflict in Kiambu, Thika and Maragua Districts led to loss of life and wanton massive destruction of property in the months of March and April this year. This kind of reaction by the civil population is a serious indictment to the entire security apparatus of the state which has been made to appear impotent in the face of the sect. Some opinion leaders in parts of Central Kenya have urged members of the public to defend themselves since the Police force is incapable of defending them from mungiki. Nothing can be further from the truth. The government enjoys the monopoly of violence and has enough instruments of force to impose law and order. It can crush this sect and bring it to its knees at the snap of a finger. It is the political will and a well synchronized operational strategy to rout the sect which seems to be lacking. The

The great majority of the population in Nairobi and Central Kenya does not support this sect. It is time the political class in the region read the writing on the wall and started speaking for this silent majority. Their public pronouncements regarding this sect have been uncoordinated, confusing and contradictory. Some of the politicians have publicly defended mungiki while others have suggested that the government should negotiate with the sect. Such a suggestion is untenable and is a reflection of absurd reasoning by the political class. To negotiate with mungiki would be tantamount to elevating the sect from the level of a band of criminals into a recognized belligerent movement waging a non- international armed conflict against the state.

The presence of mungiki in Nairobi, Central Kenya and parts of the Rift Valley and the resurgence of tribal clashes in the Coast and Rift Valley Provinces is not good for the country in an election year. The perceived failure by the security forces to take a decisive action against the outlawed sect and other armed gangs has elicited numerous accusations of complicity by the sate and its agents. Wayward politicians are likely to exploit this situation to create a sense of siege and panic in the country in the run up to the elections. Such a situation could be used to disfranchise large sections of voters or intimidate and scare of political opponents. The cardinal responsibility of any government in any state is the protection of the lives and property of its citizens. The government of Kenya must discharge this responsibility to create a sense of security, peace and freedom in the entire country. Failure to do so is inexcusable since the state has adequate machinery to rout Mungiki and all other criminal gangs.


Capt. (Rtd) COLLINS WANDERI MUNYIRI, LL.B (Hons),
PGD (HRM), Nbi, L.L.M(Can) UNISA, Dip. Law, KSL, CPS (K), ACFE
Advocate, Commissioner For Oaths, Notary Public.
NAIROBI
KENYA.

OPEN LETTER TO HON. RAILA ODINGA

To
Hon. Eng. Raila Odinga, EGH, MP

I would like to thank you for creating an opportunity for Kenyans to talk to you on matters that affect us and our country. As the year 2006 comes to a close I would like to address you on a number of issues that I believe are of great concern to our country and yourself. I beg your indulgence and patience because I will be candid and blunt to the core. I sincerely hope that your minders will not edit this message with a view of shielding you from the truth. It is tragic that almost all politicians in Kenya hire and maintain obscure political hirelings who go in the name of personal assistants and aides. They are in reality just mere court jesters and vain messenger boys who believe that they give their principals competitive leverage by shielding them from the truth. Nothing can be further from the truth. I sincerely hope you will not surround yourself with such characters as we get into the election year.

Political ideology

Hon. Odinga you are indeed an astute politician and all your admirers and detractors acknowledge this fact. Your ability to mobilise and galvanise people towards a singular political agenda is a great asset not only to yourself but to those who are close to you. That you have near fanatical following in some parts of this country is a fact no single politician in this country can afford to ignore. However politics for the sake of politics is not good for you or for the country. Why? Politics is about influence, successful politics is power. Power is all about economics, more fundamentally about money, who has what and what goes where. The process of acquisition of political power is not entirely legal, but the exercise of power must be legal in a country that is devoid of civil strife. Law is about power, who can order, direct or authorise actions and who has the duty to obey, submit and acquiesce to the one who exercises power. Hon. Odinga, you have for a long time been playing the politics of influence. It is high time that you translated that influence to power, not for other people (read politicians) but for yourself and for the benefit of this country. You also need to clearly indicate to all Kenyans what ideology informs your current political thought. The media has in the past depicted you as a socialist Marxist but your public comments in the last one decade indicate that you may have abandoned that ideology altogether. You did not raise a finger when Kenyan members of parliament increased their pay to become the most expensive law makers in Africa. That our MPs earn a basic pay of KSh. 6,000,000/- plus other hefty benefits per annum is something that does not seem to bother you. This is something a socialist of any shade (including an “African Socialist”) would consider immoral because our MPs go to work for less than 4 (four) months in any given calendar year. Mheshimiwa, do you still believe in socialism? Are you still a comrade? This is a very important matter at this moment of our history when our political elite live in affluent grandeur and opulence while over 80% of the population live in squalor and abject poverty. A tour around the entire countryside depicts a country and a people that are neglected. This is symptomatic of a political leadership that does not care about the people. Raw capitalism as a political-economic ideology does not seem to have worked for Kenya. You were recently quoted advocating federalism (majimbo) as an alternative political system for Kenya. How does socialism interface with federalism? The concept of majimbo has been associated with the establishment of ethnic homelands and communal conflict in Kenya. Ethiopia has 14 regional governments created along ethnic nationalities and linguistic affinity but the central (federal) government is still facing internal rebellion and insurrection. Are you advocating a similar system? Your recent political comments have left many of us confused. Please shed some light on your new-found political ideology and the kind of political-economy system you envisage for this country.

Economics

You recently acknowledged that there has been some noticeable economic growth in Kenya since the current government took over power. The appreciation of the Kenyan shilling against major international currencies and the robust trade at the NSE are indicators of an economy that is on its way to recovery. You should take credit for this growth too. You served this government in the cabinet for a considerable period and you must have made some contribution before your exit from cabinet in December 2004. You have also made comments that the robust activity at the Nairobi Stock Exchange could be linked to drug trafficking and money laundering. The business community in Kenya took note but did not seem keen to engage you on this matter. They simply ignored you and this should have bothered you. To be very honest, the common people who have been queuing for days to purchase shares at the NSE during Initial Public Offers (IPO’s) do not appear to be drug traffickers, racketeers or money launderers to me. There must be other economic fundamentals that are driving the business at the NSE and the appreciation of the Kenyan shilling but if you do have facts on drug trafficking and money laundering I would urge you to share them with all of us. My comments on the threat of money laundering in East Africa, quoted in the ThisDay newspaper in Dar es Salaam on 2nd November 2006 elicited not too flattering reactions from a number of players in the financial sector. This issue should bother our political and business leaders since we have a cash-based economy which makes East Africa easy prey to terrorist attacks. This region urgently requires a uniform law to deal with the prevalent threat of trans- national crimes such as drug trafficking, corruption and economic crimes, gun running and human trafficking. I would like to urge you mheshimiwa to mobilise MPs and see to it that the Proceeds of Crime and Money Laundering Bill that was recently published by the Minister of Finance is debated and passed into law without further delay. Political statements made at public rallies will not help us deal with trans-national crime. It is this law that we need urgently. You will do this country a lot of good if you mobilise MPs to pass this legislation as soon as parliament reconvenes. The Kenyan shilling has been appreciating against the dollar and the world crude oil prices have been falling for some time. In spite of this, oil companies have continued to fleece motorist and Kenyan who consume fuel oil for energy. What is your view on this?

Corruption

You have a good history of fighting for social justice in this country. You have impeccable credentials in the fight against graft. Corruption is the worst vice facing this country and most of our problems can be traced to past and present corrupt networks. The vice has denied Kenyans their basic rights and access to good healthcare, education and infrastructure. The NARC government and president Kibaki were elected on anti corruption platform among other things. The president and his government have performed dismally on this point. Corruption continues unabated in this country and the corrupt continue to enjoy the proceeds of their crime as many Kenyans languish in abject poverty. Run-away corruption is the greatest threat to security and political stability in this country. It is tragic that our leadership is not ready to deal with corruption head-on. True, the government has set up systems and institutions that are supposed to fight corruption but the vice continues to hurt our people. Why? The answer lies with the political leadership. The government’s score card on corruption is a poor D-. The gate keepers who were appointed by the president to deal with corruption have done a great disservice to this country. The Kenya Ant-Corruption Commission (KACC) in its present form and structure is of little value to this country. The present leadership of the Commission has demonstrated ineptitude and incapacity in dealing with past and present corruption once and for all. Hon. Justice Aaron Gitonga Ringera may have been excellent as a law professor and a judge but his stewardship of the KACC is questionable. If the comments of some Ministers, MPs, anti graft activists, ordinary Kenyans and some of officers who served under him are anything to go by, then his leadership of KACC is nothing to write home about. The mess at the State Law Office makes the situation even glimmer. You know as well as I do that most Kenyans lost faith in the AG’s office a long time ago. The other institution in this arena is the judiciary which has not changed at all even after the disgraceful radical surgery. Our judiciary is still staffed with a lot of judges, magistrates and other officials who are corrupt, out-rightly ignorant of the law, lazy and incompetent. It is no wonder that since the passing of the Anti- Corruption and Economic Crimes Act, 2003, not a single anti- corruption case of significance has been concluded. You cannot send a thief to catch a thief. The radical surgery did not achieve anything in our judiciary. Nothing short of a revolution will change the way things are done in our courts. When are we getting your view on this matter? How do you intend to reform the KACC, the State Law Office and the Judiciary?
The opposition is not fairing any better in the war against graft. Hon. Odinga, you should honestly and clearly tell Kenyans where you stand on this matter. Some of the court poets hanging on the laurels of your good record in the ODM are currently facing charges of corruption in court. Some of them were apologists of a regime that was corrupt to the core and they participated in the economic ruin of this country. They even defended a corrupt regime which put you in detention. Others are “paper millionaires” who were unknown before the infamous 1992 elections when the former regime printed money and proceeded to rig the general elections. You know these characters very well and their record in the fight for social justice is extremely poor. They are opportunists who a riding on your back. These people do not deserve to compete with you for the ODM presidential ticket. You don’t need these characters on your side at all. They represent the worst kind of politicians this country has ever had. I get very worried whenever I see you in public forum with them. You will earn a lot of points the day you will make a statement dissociating yourself with land grabbers, past transgressors of human rights, corruption suspects and apologist of the former regime who are now in the ODM and riding on your back. If these are the people you must deal with to get the leadership of this country, then our country is doomed. They will frustrate your efforts to apply the law uniformly and force you to cut deals to cushion themselves against prosecution. My greatest fear is that one of these days you may just declare one of them “tosha”. You should equally not receive in your ranks any of the characters serving in this government who have been associated with corruption and abuse of the basic rights of Kenyans.

Political parties and Tribalism

The cancer of negative ethnicity is a threat to the very foundation of our society. Whereas the common folk in this country live, go to school, worship, work and suffer poverty together, the political elite have always used and manipulated them on the basis of ethnic affiliation. The situation will not change easily because we do not have a critical mass of political elites who can rise above their tribal cocoons in the competition for power. Almost every political party in this country is organised around a tribal chieftain and has its “owners”. Each tribal chief is supposed to represent the interests of his community in the party. This was the cause of the break - up of NARC. The Summit was nothing more but a Council of tribal chieftains. The situation has not changed and the new parties, ODM included have fallen into the same trap. There is an argument that ODM represents everybody because each province has a presidential candidate. This school of thought is myopic and a political canard. A political party that employs ethnicity as is its basis for political mobilisation is doomed to fail in the long run. Any party without a structure that is well defined cannot survive personal political interest driven by the greed for power. The acid test for these parties will come when they conduct their elections and or nominations for their flag bearers. NARC, ODM- Kenya and Narc- Kenya do not appear to be any close to holding elections. At one point you headed a party known as NDP, it never held elections. More recently you were associated with the LDP. It is yet to hold national elections following its grassroots elections which were riddled with complaints in many branches. It would be prudent and instructive for the ODM and other parties seeking national leadership to register members and hold party elections before conducting nominations for presidential candidates. All talk about party unity before such elections is nothing but hot air. A good political party should be defined by its structures and leadership but not by the supposed tribal backing identifiable only by the personality and number of tribal chieftains who promote it. You owe it to Kenyans, Hon. Odinga to ensure that the ODM holds its elections before the search for a presidential candidate. Some of the leading lights in your party, ODM, have also argued that the party should only conduct its primaries in the constituencies which voted “NO” during the ill fated referendum to the exception of a close to 80 (eighty) constituencies where the vote was “YES”. This is the greatest political absurdity I have heard in our recent history and I am deeply concerned that you have not condemned it. The 47% or 2.6 million who voted “YES” are Kenyans and have an inalienable right to determine the destiny of this country. Members and supporters of your party who are advancing such absurd, isolationist and divisive politics are not assets to your presidential bid. It is also a political fallacy to assume that all the people who voted “NO” during the referendum did automatically become supporters of the ODM. Those in the ODM who are still riding on the euphoria of the referendum vote should go for a walk around the country and take a reality check. The referendum was about two choices, “YES”, or “NO”. There were no political parties, candidates and emotions that characterise a general election. I did not support the Wako draft but I will reserve my reasons on that for another day. Soon after the results of the referendum were out, you, Hon. Eng. Raila Odinga used some very choice words to describe and deride those who had voted “YES”. You described the entire Mount Kenya populace as “adui” (enemies). I will bid my time with the hope that one day you will elaborate or withdraw that unfortunate statement you made at Uhuru park during the rally to celebrate the win by the “NO” supporters. That statement will always cast a long ominous shadow in your political career.

Security

Insecurity is a serious problem in this country. The rampant corruption across all the ranks of the Kenya Police is the greatest cause of this state of affairs. The lethargy, incompetence and corruption in the judiciary have increased the problem two- fold. The political class has not helped the situation either. Why? They form and use political militias during electoral campaigns. It is a good example of the rich and the affluent taking advantage of the children of the poor. Your recent comments on matters touching on security are of major concern here. Hon. Odinga, you desire to be the president of this Republic and to be more precise to assume the position of the Commander-in-Chief of the all the Armed Forces of the Republic. I will tell you out of experience that the worst thing that can befall a country is a situation where officers, men and women who serve in the uniformed forces stop believing in their Commander-in-Chief. States enjoy the privilege and power of the monopoly of violence. They and their agents have the legal mandate to procure, bear and use articles of war, arms and other tools of violence. That is why they have a cardinal responsibility to protect the lives and property of their citizens. Members of the disciplined forces are trained to obey, follow and believe in their superiors. This is the very basis of regiment and command and it entertains no doubts and vacuum in leadership. Why is this important for you mheshimiwa? In the course of this year the Kenya Police has issued a number of statements to deny some reports you have made regarding your personal security and that of the state. The media has also for a long time depicted you as a violent person. This is not good for you and our country. Since you have declared your interest for the position of the president and commander-in-chief, you should at all costs avoid making inflammatory statements and creating an impression in the rank and file of the Kenya Police and other uniformed forces that you are not a person to be believed or taken seriously. In the same vein I would like to urge you to ignore the former mungiki leader who has declared interest in the Langatta parliamentary seat. That fellow is not worth your while. He should not detract you from much more important issues. You give him and his sponsors a lot of mileage when you engage in argument with him. Do not give him that privilege. You should urge your supporters to ignore him and let him have as many rallies as he wishes. Ignoring him will vex his sponsors because whenever you engage him, you fall right into their trap. I cannot even put his name here because he does not deserve it. I want to urge you to take exercise caution while commenting on matters regarding your personal security and that of the state. Desist from issuing unsubstantiated claims regarding security matters because this only serves the media who get another sensational story to sell. The media are not your friends in this regard. They sell by blowing your comments out of proportion and depicting you as a violent person. You are an important person in this country and the things you will say and do starting from January 2007 to the time for the next general elections could greatly affect the safety of the ordinary people and the future of our motherland.


Infrastructure

The state of our infrastructure is the best testimony of the high cost of corruption. There is not a single road in the entire country which does not need repairs or rehabilitation. Hon. Odinga, you have travelled a lot. Why do we have the worst roads in the region? I want to confess that I hold the engineering profession in Kenya in the highest possible contempt. The contempt increases any time I travel around East and Central Africa. Roads that are riddled with pot holes are the norm in Kenya but are the exception all the way from Dar es Salaam, through Kampala, Kigali to Bujumbura. The topography, rock formations and the soils in the region are similar yet Kenya has the worst of the tarred roads. There are professionals, engineers for that matter who check and do quality control of the works. They also approve standards and quality before the roads are commissioned yet most of them wear off even before 6 months are over! If they carried out an audit into the cost of all accidents, breakages, delays and material damage caused by the poor workmanship in our road network and other civil works, engineers would appreciate the loss they cause our country. Many ordinary Kenyans now question the quality of training given to engineering graduates from local universities. There are many people in the urban centres who live in fear that their houses could collapse at any moment yet some engineer approved and certified the works. The profession does not seem to have any ethics and standards in this country. You made good effort in dealing with cow-boy contactors but you need to give a clear message on what you intend to do about the engineering profession in Kenya. Since you were trained elsewhere (in Germany), you stand a good chance of suggesting radical reforms in the engineering profession. In Rwanda, a former Minister for Public Works and all the top engineers who were involved in a scandal involving a major road in Kigali City are now in detention. Would support such a move in Kenya?

Social Services

Your views on education, health, water and housing are not very clear. The current government is riding high on education but they are no there yet. They have a fair score on healthy and a poor grade in housing. What are you going to do differently as far as education and health are concerned? Do you have new ideas substantially different from what we have at the moment? You represent an area with the most humble dwellings in the African continent. The squatter problem in Kibera is as a result of bad land policies which we have pursued since independence. What do you intend to do about it? Is land redistribution and addressing the historical injustices meted to our people by the colonial state part of your agenda? The ODM has in its ranks people who own extensive swathes of land all over the country. They cringe every time the issue of taxing or redistributing idle land is mentioned. I think you should start there and ask them to come clean on this matter. Water resources are becoming scarce with each new day and competition for land and water rights have been a source of communal conflict in the recent past. Kenya is not utilising its water bodies yet the bigger part of the country is semi arid and marginal. I would like to hear your views on the Nile Agreement and National Water and irrigation Policy.

Conclusion

I have addressed these issues to you because you have declared your interest to lead Kenya. I consider your bid to be the CEO of this country a serious one. ODM has so far the highest number of candidates who are seeking the presidency of this country. Some have no track record of their own and others are currently under probe for corruption or facing charges in court. They are not reformists or crusaders for social causes. Some are apologists of past dictatorship. Alone, they are colourless, rudderless and have nominal influence in the country. Your track record in the fight for democracy, social justice and basic freedoms speaks for itself. You stand shoulders above all your competitors in the ODM. Honestly, some of your competitors are not genuine and you don’t need them at all. They need you more. Do not fall into the trap of keeping them in your ranks just to give an appearance that your party has a wide ethnic base. Go for party elections and separate the wheat from the chaff. This will give you the right team from every province and keep away opportunists and pretenders. In 2002 you displayed selflessness by declaring “Kibaki Tosha”. This time around I would expect the pretenders to reciprocate the gesture and declare you “tosha”. This is your moment Hon. Odinga, not theirs. You have set the tempo and you deserve to be the soloist. I wish you success in your quest for the presidency.


Capt. (Rtd) Collins Wanderi Munyiri, LL.B (Hons), PGD (HRM), Nbi, Dip. Law, KSL, CPS (K), ACFE Advocate, Commissioner for Oaths, Notary Public.NAIROBI.KENYA.