Archive | November, 2006

Evidence Shows Land At Ambassador’s Residence Was Grabbed

November 30, 2006

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ODM-K Scandinavia has established that a “triangular piece of land” at the residence of the Kenyan Ambassador to Scandinavia and which has been at the center of controversy was grabbed and transferred to a neighbor under circumstances that only the Kenyan Embassy can explain.

According to a map obtained by ODM-K Scandinavia from the Swedish land office at Nacka where the residence is located, the boarder separating the residence from a neighbor (who benefited from the deal) runs in a straight line and ends at a lake which boarders the residence. The current boarder shows a new wooden fence which runs half way then bends sharply, eating into the Ambassador’s compound. A tree which used to stand at the compound of the Ambassador now stands at the neighbor’s compound. The scandal was brought to the attention of ODM-K Scandinavia by Mr. Njenga Muirani, a gardener who was fired from his job by the Ambassador for unknown reasons.

Details obtained from the land office by both Mr. Dancun Munala, Secretary of ODM-K Scandinavia and Mr. Gerry Changa Midenyo, the Party’s Treasurer show that there has been no recent changes on the map although changes exist on the ground. 

The first recorded activity on the land dates back to 10th August 1929 when the parcel of land where the residence now stands was merged with another parcel and put under one owner. On 31st December the same year, two Islands standing on a lake overlooking the residence were also merged and put under one owner.

On 30th April 1930, the two Islands and the parcel of land where the residence stands were merged then on 20th April 1956, the current border of the whole parcel of land was officially fixed. The total land area was fixed at 3630 square meters while the total water mass was fixed at 78841 Square meters all totaling to 82471 Square meters.

On 17th December 1970, the original owner of the land sold it to someone then on 19th September 1989, the land mass, water mass and two Islands were bought as a single unit by the Republic of Kenya which stands as its current owner. The purchase included the current residence of the Kenyan Ambassador.

The land Office said that there has been no change of boarder or ownership registered at their office since 1989. According to a letter signed by Sture Källgården (Town Engineer) dated 13th September 1989 the land number of the residence is “Sicklaön 338:1” while the total land and water mass was 78841 Square meters when it was bought by the Kenyan government. After its purchase, the land was registered on 19th September the same year (registration number 89/108).

The Officer in charge said that there are three beacons running on a straight line between the Ambassador’s residence and the neighbor. The positions of the beacons are clearly indicated on the map. The Officer said that only the land office has the technology and capacity to remove the beacons and that this only happens after the transaction has been approved. He said that any boarder change not authorized by the land office is illegal and could lead to criminal charges under the Swedish land laws. At the moment, the fence that used to separate the residence and the neighbor has been removed while a line of newly planted trees now show a new boarder-line at the residence.

SATURDAY TOUR AT RESIDENCE BY ODM-K SCANDINAVIA
When the story was first raised at KSB, ODM-Scandinavia promised to follow it up with the land office to establish the truth.

On Saturday December 2nd, ODM-Scandinavia will tour the residence to survey the grabbed land before deciding on the next cause of action. The Party has already informed the Kenyan Embassy about the tour through a letter while the police at Nacka have also been informed.

“Our Party has been very concerned about the allegation because of the serious implications it might have on the credibility of the Kenyan Embassy as a respected institution”, wrote Mr. Dancun Munala, the Party’s secretary.

Police told ODM-K officials who visited the station that they will not interfere with the tour because there is nothing wrong with it. “We will only come if there is trouble”, said a police officer at the station. 

The Embassy has been quiet about the allegations, choosing instead, to use two Kenyans to try and intimidate Mr. Njenga Muirani who sounded the alarm bells. Mr. Njenga has remained adamant that his allegations are true, something ODM-Scandinavia seem to be out to prove.

Asked what his Party would do next after the Saturday tour, Mr. Munala said that the Party’s Committee would meet to discuss how to move forward with the struggle against land grabbing at the Ambassador’s residence.

Okoth Osewe: makosewe@gmail.com

  

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Necessary Noize For Stockholm Jamhuri Bash

November 28, 2006

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Necessary Noize 

Re-known Kenyan Rap group Necessary Noize will be playing live at Norsborg Musikhuset on Saturday 9th December 2006. The show is part of Jamhuri day celebrations in Stockholm and is sponsored by DJ Ez Frank assisted by Stockholm’s “Mashariki Promotions”.  Both Kenyan gal Nazizi and Kenyan boy Wyre will touch base for the show which starts at 19.00.

The duo will be performing in Frankfurt, Germany at the Orient Palace on Saturday December 2nd for the Kenya Jamhuri extravaganza before they roll down for the beat in Stockholm. In Stockholm, Children under 10 will enter free of charge while adults will pay 150 kr. DJ Ez Frank (former Mamba village from Mombasa) will be on the mike. For further info, call DJ Ez Frank at: 0732167090.

Okoth Osewe: makosewe@gmail.com

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ODM-K Scandinavia To Organize Tour Of Ambassador’s Residence

November 24, 2006

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“Triangular” land grabbed (together with tree) and new boarder in background  

The leadership of ODM-K Scandinavia will organize a tour of the residence of the Kenyan Ambassador to Scandinavia H.E Mrs Purity Muhindi to inspect land at the compound. The purpose of the tour is to enable ODM-K Scandinavia members and interested Kenyans to survey a piece of land which was allegedly grabbed and transferred to a neighbor under circumstances that are still not yet clear.

Last week, KSB published allegations by Mr. Njenga Muirani, a gardener who was fired by the Ambassador for unknown reasons, to the effect that a “triangular piece of land” at the residence might have been stolen and sold to the Ambassador’s neighbor. The story generated a huge interest among Kenyans in Sweden and abroad and KSB has been ambushed with emails from Kenyans around the world seeking further details.

The ODM-K Scandinavia inspection tour will take place on Saturday December 2nd at 15.00. Speaking to KSB, Mr. Dancan Munala, the Party’s Secretary, said that ODM-K Scandinavia will officially inform the Embassy about the tour through a letter to the Ambassador.

“ODM-K Scandinavia will give the Ambassador official notification in writing because as far as our Party is concerned, the tour is official”, Mr. Munala told KSB.

He said that the tour is not a demonstration and that as per Swedish law, a permit is not required. Mr. Munala said that the compound of the Kenyan Ambassador is Kenyan territory and that since the tour does not amount to a protest action, Kenyans interested in being part of it have an obligation to respect the residence by abstaining from any uncalled for behavior.

“We hope that the Ambassador will be available for a friendly chit chat but if she isn’t, we will simply survey the compound and leave peacefully”, said Mr. Munala.

The ODM-K Scandinavia stalwart said that allegations of land grabbing at the residence were serious and added that his party is awaiting for communication from the Swedish authorities about a request the Party placed for a land map of the residence.

Since the story broke out, the Embassy has remained tight-lipped over the allegations although Mr. Njenga has reported that there have been moves orchestrated by Kenyans with links to the Embassy to intimidate him so that he can retract his story. Mr. Njenga told KSB that he stands by his story “because the truth never burns”.

In the meantime, ODM-K Scandinavia has opened a campaign for the Embassy to settle Mr. Njenga’s unpaid salary for work he did at the residence of the late diplomat James Kiboi. According to Mr. Njenga, the Embassy owes him 10.000 kr which he was supposed to be paid before Mr. Kiboi died in a house inferno in Norway on 10th September.

Mr. Munala told KSB that ODM-K Scandinavia has gathered all details related to the case and that the party will open communication with the Embassy next week to discuss the issue with a view to reaching a peaceful settlement.

“Labor issues are very sensitive in Sweden and since there appears to be evidence that Mr. Njenga’s labor input has not yet been paid for, we hope that the Embassy will look at the matter more seriously”, Mr. Munala told KSB.

“Our strategy is not confrontation. We want to hear the version of the Kenyan Embassy over the issue. If the Embassy owes Mr. Njenga money, he needs to be paid”, said Mr. Munala.

Okoth Osewe: makosewe@gmail.com

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HIV Positive Kenyan Woman Appears On Swedish National TV4

November 22, 2006

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Caroline Ayodo, a Kenyan woman who has been living with the HIV virus since 1998, appeared on Swedish national TV4, warning the youth to be careful about their sexual exploits because “love is blind”.

Responding to questions from an interviewer, Caroline said that she was shocked when she was first diagnosed as HIV positive at Huddinge Hospital following a series of clinical signs that, at first, could not point to any specific disease. She had just returned from Kenya and she thought that she had a tropical disease.

The Kenyan, who arrived in Sweden in 1978, says that she was infected with the virus by a Swedish man whom she had fallen in love with while she also narrates how she had to tell her teen-age daughter about her condition after she was told that she was HIV positive. She called her daughter’s father and when he came, he was equally shocked about the news. 

For some time, Caroline said that she was alone, afraid and didn’t know what to do. She hadn’t thought that the Swedish man she fell in love with could infect her with HIV. She said that she was glad because she got help from the Swedish authorities, pointing out that if she had been in Kenya, she could have developed Aids.

Caroline warned her youthful audience at the studio to be conscious that HIV exists. “Take care of yourselves”, she said.

After she went public with her HIV status, Caroline said that she has been going around schools informing the youth about the dangers of the disease. She advised the youth to use condoms.

The Kenyan said that when she was diagnosed as HIV positive, she was lucky because she had integrated herself in the Swedish society. “It is not easy when you are black” she said.

Caroline now works at Noa’s Ark, an agency that deals with HIV/Aids issues while she said that since her public declaration that she was HIV positive, she feels free. She told her audience that she has had a love life after her HIV status became known to her. Caroline has appeared on different Swedish national media on several ocassions in the past.

“Gunilla”, an HIV positive Swedish woman who was also interviewed on the same channel in another segment profiling HIV/Aids, did not show her face to the camera while her voice was also distorted to help hide her identity. The 50 year old woman said that she has never told her children that she is HIV positive.

She said that she contracted the virus from a man she trusted. When they first met, the man was using condoms but later, the man convinced her that he was healthy. It is after they stopped using condoms that she got infected.

Okoth Osewe: makosewe@gmail.com

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Naomi Njeri’s Sistser Passes Away In Kenya

November 22, 2006

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Naomi Njeri and Peter Njoroge (Njoro) would like to inform Kenyans and friends of the loss of Njeri’s and Lisa’s sister in Kenya. The sad news was received yesterday Monday November 21st.

Following the news, Njeri will be travelling to Kenya soon to attend her sister’s funeral. Friends are meeting daily at the couple’s residence in Skogås to console the bereaved family. A fundraising will take place at Alby skolan (Alby) on Friday 24th  from 18:00. For details and further information, please, call 0704332247 or 0735790452. Kenya Stockholm Blog sends deep condolences to Naomi and the bereaved family.

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Late James Kiboi: Vote Of Thanks In The Daily Nation

November 22, 2006

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Late James Kiboi NDILAI NYASAI KIBOI JAMES

It’s about two months since you passed on to be with Jesus. It’s been a long process to put you to rest and this was not going to be possible without God’s evident presence and comfort and we give him all the praise!

Our heartfelt thanks, deep gratitude and appreciation to all our friends from all over the world for the overwhelming support extended to our family through prayers, words of comfort and financial support.

We would like to thank the doctors and police in Sweden and Norway, Kenya Embassy in Stockholm, Kenyan communities in the Nordic region. Immanuel International church, Stockholm International School, and African fellowships, in Sweden. African Embassies in Sweden, Mr. Titus Naikuni and Kenya Airways staff, KLM and Rwanda Air.

Our special thanks to the entire staff of the Ministry of foreign Affairs and Missions abroad.

Special thanks and appreciation to Hon. Prof. George Saitoti, Hon. Beth Mugo, Hon. Njoki Ndung´u, Permanent Secretary Mr. Thuita Mwangi and Ole Nkuraiya, Mr. Keriako Tobiko. The Swedish Embassy in Nairobi, Ambassador Jacobsen of the Norwegian Embassy in Nairobi, Ambassador. Bethuel Kiplagat and Amb.  M.D Kinyanjui.

Great work done by the organizing committees in Nairobi, Kitengela, Isinya and Mrs. Ingrid Monroe of Jamii Bora. Our gratitude goes to the Administration Police, District Commissioner Mr. R.M. Rashid, and District Officer Mr. David Wanyonyi.

Thanks for the words of hope from Pastors Ambrose, Simon and Chris of Parklands Baptist church, Pastors Chip and Cindy Block, Kitoto, George and Leo of ICC. Pastors Allan, Muna, Bob, Asiba, Mark and Sitelu and Rev Rahab Mwangi.

Receive our thanks Lee Funeral home, Dr. Njue, Dr. Wangai and Montezuma Funeral home.

Words are not enough to thank you all, you loved us and James in a unique way, we will be eternally grateful, may God bless you in a big way!

We will miss you forever James especially your wife Catherine, children Tanya and Josh, parents, brothers and sisters.

CHRIST HAS WON!

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ODM-Scandinavia Condemns Brutal Attacks By Police at Kamukunji Meeting

November 20, 2006

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 Kenya Times Shot of police attack  Standard Shot Of Police Chasing Youths

Once again, the Kibaki dictatorship is on the attack against freedom of Speech and freedom of Assembly in Kenya. A prayer meeting that was planned by the Orange Democratic Movement (ODM) at Kamukunji grounds on Sunday November 19th in Nairobi was banned by police for no apparent reason.

When ODM leaders rightfully defied the ban and tried to get to Kamukunji grounds, they were met by 300 riot police wielding batons and armed with tear gas canisters which they threw at civilians and ODM-K leaders.

During the attacks, both Mr. Raila Odinga and Mr. William ole Ntimama, ODM-K leaders, were tear-gassed.  For two hours, hundreds of defiant youth allied to ODM-K and who wanted the rally to proceed, were left with no option but to engage police in running battles across the streets of Nairobi.

From the point of view of ODM-Scandinavia, this attack demonstrates the state of panic that has gripped the Kibaki dictatorship ahead of General elections next year.

The prayer meeting was called as part of ODM-Kenya’s campaign against tribalism which is a major political problem in our country. This meeting was intended to be peaceful and ODM-K made sure that it informed police about the meeting as required by law.

Now that the meeting was illegally stopped by police and tear-gas used to disperse those who attended it, the struggle against the Kibaki dictatorship must include the struggle for both freedom of assembly and freedom of speech which Kenyans had assumed, had already been won during the struggle against Moi.

ODM-Scandinavia condemns the attacks in the strongest terms possible. The Movement is fully behind the defiance of ODM-K leaders and supporters who turned up to attend the prayer meeting. The brutal attack on unarmed civilians is a clear indication that the Kibaki dictatorship is rolling back the democratic gains of the last 43 years in an attempt to silence and liquidate ODM-Kenya, the leading opposition force in Kenya.

Former dictator Daniel arap Moi failed to rule Kenya under a one party dictatorship and Kenyans sacrificed their lives in the streets to defeat the one party dictatorship of KANU. Today, the Kibaki dictatorship is using the same police to try and crash the opposition. ODM-Scandinavia believes that the ban and attack on ODM-K prayer meeting is part of government strategy to intimidate ODM-K because of the growing popularity of the Movement, both in Kenya and among Kenyans in the Diaspora.

ODM-K should remain united and be prepared to call for civil disobedience if that is what it will take to stop Kibaki. Dictator Kibaki, who misrules the country, John Michuki, the Internal Security Minister who sent police to attack ODM-K rally and Major General Hussein Ali, Police Commissioner, are all part of a ruling mafia cartel that should not be allowed to attack hard won Rights and Freedoms in Kenya. ODM-Scandinavia believes that police should use their common sense and side with the people instead of attacking them in a situation where basic freedoms are threatened.

Further, ODM-Scandinavia urges its mother party in Kenya not to be cowed by strong-arm tactics being used by the Kibaki dictatorship to try and intimidate the Movement’s leaders. The party branch in Scandinavia urges the Movement’s leaders to call a new meeting or rally at Kamukunji immediately to stop the Kibaki dictatorship from taking back freedoms which were paid for with human lives.

Lastly, ODM-Scandinavia urges the Kenyan youth allied to the Movement to be prepared to engage police if they attack ODM-K rallies. ODM-K supporters must get more organized in their approach to State police sent by Kibaki’s government to disrupt legal ODM-K meetings or rallies especially in Nairobi. As the struggle against the Kibaki dictatorship continues, freedom of Speech and freedom of Assembly should not be compromised by ODM-K and other progressive Kenyans under any circumstance. Just like Moi, Kibaki will fail in his attempts to entrench dictatorship in Kenya because ODM-K is unstoppable.

Dancan Munala
Secretary
ODM-Scandinavia

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ODM-Scandinavia Officials Address Swedish Parliament

November 17, 2006

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Mr. Dancan Munala, the Secretary of ODM-Scandinavia, Mr. Gerry Changa Midenyo, the National treasurer, Mr. Charles Otieno, the Organizing secretary and Mr. Jared Odero, a prominent member of the Party, were among politicians who addressed the Swedish Parliament this week. 

The ODM_Scandinavia politicians had been invited by the Green Party of Sweden, the Swedish Development Forum and the Nordic Africa Institute on deliberations that focused on work being done by the Africa Union to prevent, predict and mediate conflict within and between its member states.

Making his contribution on the issue of security in Africa, Mr. Munala said that insecurity in the world was mainly caused by the developed Nations who needed to change their approach. “It is a waste of time to discuss Africa’s security with the same people who are threatening world peace”, he said.

The ODM Secretary asked the EU delegates and the Swedish Politicians to stop using Africa as a cover for their dirty political games. He said that throughout history, freedom of African people has been threatened by the very Western nations that were posing as peace makers.

“Hypocritical and preconditioned strategies for development have not delivered even one African Nation out of catastrophes”, he said. The Kenyan warned that Africans, especially Kenyans, should watch out “because EU is a serious threat to the development of Africa as a whole”.

Mr. Jared Odero, provoked the panelists and audience by referring to the recent and controversial results of a research finding at the London School of Economics which claimed that Africans have the lowest intelligence quotient (IQ).

“If there is a connection between high IQ and good nutrition, then it is a shame for the European Union (EU) and Sweden in particular, to waste a lot of money in Conferences and seminars discussing Africa, yet Africans were lacking food to eat”, he said.

Mr. Odero, who is a PhD candidate at Stockholm University, further challenged the EU to have a clear policy on improving food security in Africa.

Mr. Odero also referred to the documentary film titled “Darwin’s Nightmare” which explicitly showed that poor Africans around Lake Victoria consumed filthy left-overs of bones of a species of fish called the Nile Patch while fat fillet stripped from the same fish landed on tables in the European Union after being air-lifted. He questioned how one eating fish bones left over as garbage could compete intellectually with one who ate fish fillets.

According to Mr. Odero, “fair trade between Africa and the EU is very important”. He concluded by urging the EU to open up its markets and offer reasonable prices for African products, otherwise Africans would turn to China and other countries that could accept the concept of fair trade.

Mr. Otieno questioned how a single Integrated Defense Force could work in a Continent torn down by ethnic war while Mr. Midenyo told the delegates that the EU should leave Africa alone to deal with crucial issues like poverty and disease.

Those who sat on the Pannel were: Gunilla Carlsson, Swedish Minister for International Development Cooperation, Geert Laporte, Head of Institutional relations and Programme coordinator of ECDPM´s Programme on ACP-EU trade relations; Cyril Obi, Programme coordinator at the Nordic Africa Institute (NAI), Carin Norberg, Director of the Nordic Africa Institute, Lennart Wohlgemuth, Professor at the Centre for Africa Studies at Gothenburg University and Board member of Swedish Development Forum (FUF) together with a representative of the African Union.

Swedish Parliamentarians who were present were; Bodil Ceballos of the Green Party, Carina Hägg of the Social Democratic Party, Christian Holm of the Moderate Party, Kalle Larsson of the Left Party and Anita Brodén of the Liberal Party.

Members of ODM-Scandinavia later distributed the Party’s 12 point Program to the participants. There was enormous interest in ODM-Scandinavia as a Party and some of the Parliamentarians praised the Party members for their mature interventions.

In the meantime, ODM-Scandinavia is planning to send a delegation to the Swedish Ministry of Foreign Affairs to discuss the conduct of the Kenyan Embassy in Stockholm.

Key on the agenda are allegations of land grabbing at the residence of the Kenyan Ambassador to Scandinavia, mistreatment of Junior staff, violation of Swedish labour laws and reports of human trafficking using diplomatic cover.

The Party has evidence that land might have been grabbed at the residence of the Kenyan Ambassador while evidence of mistreatment of junior staff is also on the hands of the Party. The Party has already called on the Kenyan government to investigate the Kenyan Embassy in Stockholm.

Okoth Osewe: makosewe@gmail.com

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“Investigate Kenya Embassy In Stockholm” – ODM-Scandinavia

November 17, 2006

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ODM-SCANDINAVIA’S STATEMENT ON ALLEGED LAND GRABBING AT THE RESIDENCE OF THE KENYAN ABMASSADOR TO SCANDINAVIA AND SACKING OF MR. NJENGA MUIRANI

Friday November 17th 2006

The Kenyan Embassy in Stockholm should be investigated for corruption, land grabbing, Visa and Passport rackets, human smuggling, illegal sacking of workers, mistreatment of junior staff members, money laundering and other illegal activities that violate the Swedish law and infringe on diplomatic etiquette.  

ODM-Scandinavia believes that the Kenya anti Corruption Commission headed by retired Justice Aron Ringera should dispatch a team to Stockholm immediately following the emergence of serious allegations especially on the question of land grabbing at the Ambassador’s residence and embezzlement of the salary of a junior staff member who has also been the victim of mistreatment by Ambassador Purity Muhindi.

ALLEGED LAND GRABBING AT THE AMBASSADOR’S RESIDENCE
The most urgent investigation that should begin immediately touches on alleged land grabbing at the residence of the Kenyan Ambassador to Scandinavia H.E Mrs Purity Muhindi. This is because on Sunday November 12th 2006, Mr. Njenga Muirani, a Kenyan gardener who has been working at the Ambassador’s residence and who was sacked abruptly under circumstances that are still not clear, made serious and credible claims that land at the residence had been grabbed. The scandal, which shocked many Kenyans in Sweden, was exposed by Kenya Stockholm Blog (www.kenyastockholm.wordpress.com).

This is a claim that was backed by pictorial evidence showing exactly how the boundary between the residence and a neighbor had been manipulated and how land belonging to the Kenyan government was allegedly transferred to a neighbor called Bo. In the run up to the allegations, Mr. Njenga narrated other curious developments at the Ambassador’s compound which should not only be examined but which should also be investigated. ODM-Scandinavia has since taken contact with Mr. Njenga who has given the Party a full account of what he knows about the unraveling scandal.

Before the boarder change, a barbed wire fence that separated the Ambassador’s residence and the neighbor was pulled down while another barbed wire fence that marked the boarder of the residence and a lake that stretches from the compound was also pulled down. The question which needs to be answered is: who ordered these two fences to be pulled down and why was such an order made?

This is because ODM-Scandinavia members and other Kenyans who have been at the Ambassador’s compound in recent times know that the fences had no visible and serious damage that warranted repair or removal. Mr. Njenga told ODM-Scandinavia that these fences, which have been intact for more than one and a half decades, were suddenly pulled down by a tractor after a company was contracted to do the work.

Mr. Njenga has worked at the residence for a long time. He said that when he asked Mr. Bo how land he believed belonged to the residence was transferred to him, the neighbor allegedly said that it was transferred to him because “he had fixed the fence”. What Mr. Bo meant was that he was responsible for the removal of the fence and construction of a new wooden fence at the compound. If true, the question that has to be answered is: Since when did the government transfer fence mending operations of the type that was conducted at the residence to private citizens and how did Mr. Bo get the go-ahead to finance this kind of work at the residence on behalf of the government. Secondly, how did he get paid by allegedly having a piece of land transferred to him through the Ambassador?

According to a survey by KSB on the ground, the barbed wire fence that was removed was replaced by a wooden fence half way between the Ambassador’s residence and the neighbor. It is this arrangement that gave room for land to be grabbed. A tree which used to stand at the compound of the Ambassador now stands at the neighbor’s compound thereby exposing a “triangular piece of land” (grabbed triangle) that has allegedly been transferred to Mr. Bo. The question is: Who approved this plan?

After the barbed wire fence was pulled down, the rest of the Ambassador’s residence now has no fence and this has drastically reduced security at the residence. Whose idea was it that the fence be pulled down without replacement, who sanctioned it and why? Was the removal of the fence a priority when some junior Embassy staff members have not been paid their salaries?

A new fence comprising of a line of small trees has replaced the old fence. This fence cuts deeply into the Ambassador’s compound and it is impossible to miss the fact that something doesn’t add up when one examines the new boundary. According to Mr. Njenga, it is Mr. Bo who planted the trees after the old fence was removed. As a party fighting corruption in our motherland, ODM-Scandinavia leadership believes that it is its responsibility to address or raise any possible case of corruption that emerges within Embassy circles in Scandinavia and it is for this reason that the Party is calling for an investigation.

THE ABRUPT SACKING OF MR. NJENGA MUIRANI
Mr. Njenga was sacked without warning or notice. Under Swedish law, Mr. Njenga was supposed to get three months notice and if his sacking was totally unprovoked, he was supposed to have been paid a two year salary. If he had received warning letters in the past for any wrong doing, he still deserved a three months notice in lieu of sacking or a three months salary if he was to be sacked without notice. All these procedures were ignored by the Embassy with impunity.

As a diplomatic institution, the Kenyan Embassy should not be violating the Swedish labour laws because the Embassy is under an obligation to follow these laws. ODM-Scandinavia is calling for an investigation into the circumstances under which Mr. Njenga was sacked. Information given by Mr. Njenga indicate that his abrupt sacking might have been linked to his knowledge about land grabbing at the residence which the Embassy might have planned to cover up. From the point of view of ODM-Scandinavia, Mr. Njenga is a whistle-blower being victimized.

ODM-Scandinavia is aware that non diplomatic staff at the Embassy continue to live in fear because, just like Mr. Njenga, they can be sacked anytime, without notice and without any wrong doing. This is illegal in Sweden. In the past, there have been cases where house maids of diplomatic staff are so restricted that they are rarely allowed to go out while they are also under paid. They are kept under constant intimidation and surveillance and warned that if they “talk” they will be sacked and deported to Kenya because they do not have residence status. ODM-Scandinavia is calling for an investigation of the conditions under which non diplomatic staff are employed because Mr. Njenga’s case could be the tip of an iceberg.

MISTREATMENT
Evidence emerged that after the departure of Mr. Kinyanjui, Mr. Njenga’s right to toilet facilities during working hours were withdrawn by the new Ambassador Muhindi. This forced Mr. Njenga to answer the call of nature in a polythene bag before carrying his own waste to the garbage dump. This is a total violation of the Swedish labor and environmental laws that demands that workers have access to toilet facilities while on duty and that human waste be disposed of in a particular manner.

As a diplomatic institution, the Kenyan Embassy has an obligation to honor the Swedish labor laws and it is inconceivable that the new Ambassador could have subjected Mr. Njenga to such dehumanizing treatment. ODM-Scandinavia is calling for an investigation into the treatment of Mr. Njenga’s claims and if found to be true, the Party is demanding that the Embassy or the Ambassador be made to pay Mr. Njenga compensation for mental and psychological torture, not just for having been denied his right to use the toilet but also for the indignity of having had to use the garage as a “dining room”. Mr. Njenga was left to work under conditions which forced him to take snacks and meals in an environment unfit for human habitation.

UNPAID SALARY
When ODM-Scandinavia took contact with Mr. Njenga, the Kenyan said that he has not been paid his salary amounting to 10.000 kr for work that he did at the residence of the late diplomat James Kiboi. According to Mr. Njenga, the Embassy refused to address the issue after Mr. James Kiboi died in a house inferno in Norway. Mr. Njenga was supposed to be paid a day after Mr. Kiboi died.

This case demonstrates the extent to which the Kenyan Embassy can go to violate the rights of junior staff members who have, in past, complained about non paymemt of overtime work. ODM-Scandinavia demands that Mr. Njenga be paid his salary and that an investigation be opened to establish what is going on at the Embassy.

ODM-Scandinavia calls upon the Kenya anti-corruption authority to send a representative to Sweden to investigate the claims of corruption that might have contributed to land at the residence being grabbed. If no action is taken, the Party will take steps to ensure that ODM-Kenya MPs raise the issue in Kenyan Parliament with a view to having it investigated. The Party will also take contacts with the relevant Swedish authorities to alert the Swedish government about possible illegal activities of the Kenyan Embassy in Stockholm.

RESIDENCE COST 20 MILLION KENYAN SHILLINGS
ODM-Scandinavia will demand for an original land map of the Ambassador’s residence from the Swedish land office as part of its own investigations because if true, the allegations are serious enough to warrant prosecution. All Embassy staff who might have been involved in the scandal and who are still serving have to be recalled while those who are already in Kenya must be made to face justice over the issue.

As a Party in Scandinavia opposed to corruption in all its forms, ODM-Scandinavia is concerned that corruption that has eaten into the fabric of the Kenyan society has been exported abroad to the extend that land belonging to the government is also being grabbed and sold, just like in Kenya.

The residence of the Kenyan Ambassador to Scandinavia cost the government 20 million Kenyan shillings and if part of the land at the residence has been transferred to a neighbor, Kenyans at home and abroad need to know the real circumstances behind the deal. ODM-Scandinavia hopes that the matter will be treated with the urgency it deserves and that immediate action will be taken by the government over the issue.

Mr. Dancan Munala
Secretary
ODM-Scandinavia

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Juliet Kikaka Kavinga Case: The Judgment

November 15, 2006

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7 months pregnant  juliets pic on top of casket  fileing past juliets casket juliet committee member speaks to fidelia staff member  getting ready to go

As had been predicted by Kenya Stockholm Blog, there were no court proceedings during judgment in the Juliet Kavinga murder case in Stockholm on Tuesday 14th November. The judgment was simply handed over on a piece of paper at the reception on the 3rd floor of the Court in Handen. Susan Kikaka, Juliet’s sister who arrived in Sweden last week, received the judgment. She was accompanied by three ladies and two gentlemen, all Kenyans resident in Sweden.

The Judge acknowledged that there were several circumstances in the case that suggested that the suspect may have murdered Juliet but that there was no concrete evidence that could be used to convict him.

According to the Judge, there was no murder scene despite strenuous technical investigations in the house of the accused. A murder weapon has not been found while there was no evidence to show that Juliet’s body was carried in a lorry that was hired by the suspect. The lorry also underwent technical investigation.

“It could not be shown that Juliet died at the time that was suggested by the Prosecutor”, wrote Judge Jan Bjerlöw. The Judge reduced all the major arguments that were presented by the Prosecution and released the accused.

SUSPECT’S HAIR ON TARPAULIN AND MITOCONDRIA-DNA TEST
A witness who lived with Juliet in the same flat told the Court during trial that someone visited the flat after 13th May 2005 when Juliet is suspected to have been killed. According to KSB log of Court proceedings, the witness said that when he arrived home one day, he noticed that the balcony door was slightly open and that he could notice some droplets of water on the toilet seat.

He said that as far as he knew, only Juliet had a key to the flat. This point was mentioned by the Judge and although he was not explicit, the insinuation in the judgment is that Juliet might have returned to the flat after she was supposed to have been killed. The witness said that he did not know who visited the flat while he also said that he did not know whether the mother of the woman who owned the flat had an extra key.

A strand of hair belonging to the accused was found in the tarpaulin that was used to wrap Juliet’s body. According to the Judge, the method that was used to analyze the hair was based on an examination of the mitochondria of the DNA and not the DNA itself. The Judge observed that the two processes “do not have the same evidence value”.

“Even if it could be demonstrated that it is a question of hair from the accused, it doesn’t mean that he killed her or that he was near the body when it was wrapped in the tarpaulin”, wrote the Judge. “The hair could have come from him or Juliet in an earlier meeting between them”, wrote the Judge.

RELATIONSHIP BETWEEN JULIET AND SUSPECT’S CHILDREN DID NOT WORK OUT
The Prosecution had argued that the motive for murder is that the accused did not want Juliet to deliver the baby and that the suspect had wanted Juliet to conduct an abortion. According to the Judge, A witness testified that Juliet had told the accused that he was not the father of her unborn child.

The Judge noted that the suspect was disappointed when Juliet informed her that she was pregnant and that he was the father of the unborn child. “He thought that their relationship was new and that it was not conducive for him to have a child. His wish was that Juliet conduct an abortion”, the Judge wrote.

During the trial, the suspect told the Court that when Juliet refused to conduct an abortion, he accepted her decision and that it was for this reason that he thought that it was best if Juliet moved to his house. Unfortunately, the relationship between Juliet and the suspect’s two children did not work out and in the middle of January 2005, Juliet moved out.

In dismissing the motive, the Judge wrote that “It has not been shown that the accused attacked or threatened Juliet or other women he has had a relationship with even though two friends of Juliet testified that the accused began to treat her badly after he realized that Juliet was pregnant”.

Another point is that the suspect had an alibi at about the time Juliet is said to have been killed. According to the suspect, he collected his children from the day care center then returned home to cook food together with his new girlfriend at about the time he was supposed to have killed Juliet. The girlfriend, who has since broken her relationship with the suspect and who hails from Africa, also testified in court during the trial.

HUNTING GUN AND THREE SHOTS AT FAKE DOVES 
The Prosecution had argued that the tarpaulin, the string and other gadgets that were used to wrap Juliet’s body were bought at Claes Olsson in Farsta where the accused lived at the time Juliet is said to have been murdered. A receipt was retrieved from the Supermarket chain that supported this evidence.

According to the Judge, “Goods that were purchased from Claes Olsson could not be linked to the accused”. The Judge also wrote that “It has not been shown that the materials that were bought there have anything to do with the wrapping of Juliet’s body”.

The Judge wrote that a tape that was found on the tarpaulin resembled many types of tapes available. The Prosecution had argued that a tape that was found in the house of the accused might have been used to wrap the body in a tarpaulin because they were the same.

Juliet’s body was sunk in water using a body building metallic load whose model and weight was similar to the one that was found in the house of the accused. In dismissing this piece of evidence, the Judge wrote that “this is not heavy piece of evidence that the accused killed Juliet”.

The Prosecution had posited that the accused must have shot Juliet with a hunting gun he was licensed to carry. During trial, the accused told the Court that in the 90s when he was seeking his hunting license, he fired three shots by shooting fake doves and that since then, he has never fired the gun again. According to the Judge, there is no “heavy evidence” to suggest that the accused used the gun to kill Juliet.

“IT IS FAR FROM CERTAIN” THAT SUSPECT KILLED JULIET
When her body was found, a polythene bag from Konsum supermarket was inserted in Juliet’s head to cover it, probably because she was bleeding. Police investigation found that the suspect bought two similar bags at the Konsum supermarket at Farsta where he lived at about the time Juliet is suspected to have been murdered.

There was no concrete comment on this piece of evidence although the suspect told the Court during trial that he normally separated “greens” from other products when he went shopping to explain why he might have bought two plastic bags at the time of shopping.

In October 2005, the suspect phoned Juliet but there was no answer. This was four months after Juliet was supposed to have been killed. “The suspect’s explanation as to why, after a long period of not having telephoned, called Juliet in October 2005 is plausible”, wrote the Judge.

“The Court can concentrate that there are several circumstances that cannot rule out that (xyz) killed Juliet but it is far from certain that this is the case”, concluded Judge Jan Bjerlöw. The prosecution was given up to 5th December 2006 to lodge an appeal with the High court.

Okoth Osewe: makosewe@gmail.com
 

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