Marende ruling is a blow to schemers of impunity
Obviously, Speaker Kenneth Marende’s ruling to the effect that Kibaki’s controversial nomination of Attorney General, Chief Justice, Public Prosecutor and Controller of Budget was illegal was a victory against the “Network of Impunity” represented by leading members of PNU and ODM rebel MPs. That Marende upheld that the President’s nominations were unconstitutional and a violation of the National Accord was a victory of all Kenyans against impunity, dictatorship, rule by political Mafia and retrogressive political conspiracies that are threatening the country’s fragile democratization process, inter-ethnic harmony, stability, security and general progress.
Marende’s ruling is evidence that Kenya is capable of making headway with the reform agenda but only if there are Kenyans like Marende who are bold enough to stand up to be counted in the struggle for the democratization of the country. If you are a Kenyan and you are mourning the Marende ruling, then you are either a tribalist, a merchant of impunity or an agent/sympathizer of the Mafia ruling class headed by President Mwai Kibaki. All Kenyans of good-will ought to be celebrating.
After hand-picking the heads of: the Kenyan army, the Navy and Intelligence, and while in current control of Internal Security, Ministry of Finance, the Central Bank of Kenya (to mention but a few key institutions in government), the nomination of the Mafia loyalists to fill key positions in the Judiciary was the final assignment of members of this filthy Network before the whole system of the Kenyan government could be oiled to loyally serve their vested interests. The Marende ruling has broken the chain at its most critical segment and this calls for a national celebration.
From their uncouth public utterances, dirty political schemes, divisive ethnic alignments of the KKK type, open theft of public funds through multiple corruption scandals, rampant violation of the National Accord upon which the Coalition government is built, blatant violation of the new Constitution, campaign of calumny against PM Raila Odinga, constant propagation of inter-ethnic hatred through media channels they control and exploitation of a zombie President to push for an agenda aimed at perpetuating impunity, indications are that political gangsters in charge of the Kenyan State apparatus are not preparing to relinquish power if they lose in a free and fair election next year.
The merchants of impunity have consciously continued to: twist Constitutional provisions in their favour; deliberately manufactured “consultations” between PM and President on critical national matters to suit their interests; recruited Moi’s political orphans (the Rutos) to try and gain numerical advantage in Parliament; unduly raised political temperatures in the country to get their way and hopelessly put the country on a pre-mature campaign mood to try and build a bogus political Alliance all because of one reason – they are scared to death of losing power in 2012.
These “enemies of the people” campaigned against the writing of a new Constitution and lost because Kenyans understood their games. Noticing that PM Raila Odinga is the main obstacle in their heinous schemes, they have turned against him with lies, witch-hunting, character assassination, demonization, scapegoating, shadow boxing, frame-ups, intrigue and chicanery. Fortunately, at each and every stage, they continue to fail.
A protracted anti-Raila campaign by William Ruto, the new desciple of impunity
William Ruto, with his quixotic project of “dethroning Raila Odinga” as political king-maker, has, instead, metamorphosed into a “loyal disciple of impunity” who is now at the disposal of PNU hawks. At first, he claimed (without evidence) that Raila had neglected youths who fought for him during PEV but lost the propaganda war. He then claimed that Raila was responsible for the plight of IDPs in the Rift Valley but lost the war because Kenyans know and understand the process that created IDPs.
Ruto then embarked on using the issue of Mau forest evictions (meant to preserve water catchment areas) to claim that Raila was responsible for the landlessness of the Mau forest evictees. He lost the war when it was proven that majority of evictees in question were fake. When the government eventually accepted to compensate the real evictees, Ruto lost the war totally because he ran out of fodder for propaganda. It is then that he turned on the issue of the Constitution. Ruto and his Rift Valley allies opposed the Constitution simply because Raila said “Yes” to the document. Predictably, Kenyans saw through Ruto’s schemes, rejected his “No campaign” and now, we have a new Constitution.
When Ocampo named Ruto as one of the key perpetrators of the Post Election Violence (PEV), he began a campaign of slander against the PM, claiming that Raila had masterminded “the plot” that culminated in the naming of the Ocampo six. What he did not explain adequately is how Raila could have plotted against Henry Kosgey, his own Party Chairman and strategic link-man in the Rift Valley.
When the public refused to buy Ruto’s explanation about a “Raila link” to the Ocampo six, he turned to something else. He created a lot of dust by rushing to The Hague “to meet Ocampo”. He lost because Ocampo gave him a blind date. According to a Luo proverb “dhing’o iro ok e tedo”, (the fact that you are bellowing a lot of smoke does not mean that you are cooking). When he rushed to The Hague, Ruto was simply bellowing smoke because when he returned to Kenya, it was clear that he hadn’t been cooking anything. Depressed, Ruto thought of a new plan to undermine Raila.
He woke up one morning, teamed up with his pro-impunity allies in PNU and began a campaign to “pass a vote of no confidence” in the Prime Minister in Parliament. Nothing happened. The problem was that Ruto had not read the “Political Party’s Act” properly because he should have known that regardless of his (and sycophants alike) negative relationship with Raila odinga, ODM still has majority members in Parliament as long as Ruto (and allies) remained members of the Party. Raila’s Premiership is tied to the number of ODM MPs in Parliament, not individual loyalties to the PM.
Nevertheless, Ruto made a public declaration: he claimed that he had cut himself off from ODM because he “was done with Raila Odinga”. As I write, Ruto and his henchmen have not quit ODM, formed a new political Party or joined PNU. Instead, he is running across the country shouting Raila’s name at every opportunity to gain cheap popularity.
After failing to link Raila to his ICC predicament, Ruto once again teamed up with his newly found PNU friends to begin a campaign of getting Kenya out of ICC. Traitor Kalonzo Musyoka was sent on the so called “shuttle diplomacy” to convince irrelevant African States to support the bid. The campaign is doomed because the UK and United States governments have stated that they will veto any attempts to get Kenya out of ICC. Once again, the Network of impunity in Kenya is mark-timing, awaiting a sure defeat with their “Kenya out of ICC” Project.
It has to be remembered that just before the Marende ruling, Ruto, Uhuru and Kalonzo had failed with their ethnic-based KKK Alliance which has never taken off the ground because of political baggage. Instead of forging the Alliance, they were left trying to erase the “KKK” tag from their images after the Alliance turned into a hot potato.
The latest project of hand-picking top officials in the Judiciary has just suffered a terrible blow with the Marende ruling. Kenyans need to take back their country from sharks operating through Parliament. All communities need to unite against this gang and defeat them once and for all. Our country is capable of real development but not with hyenas in charge of government.
The Marende ruling must be lauded because it is a heavy blow to the schemers of impunity in Kenya. The new Constitution has to be followed to the letter! The National Accord is what created the Coalition government and it too, has to be followed to the letter. The merchants of impunity will continue to fail until they are eventually defeated in the 2012 elections. This will open the way for thieves to be brought to justice and perpetrators of impunity to be brought before the law to answer to their crimes against the people of Kenya.
Okoth Osewe
About the Author
The whole wworld is watching Impunity of the highest order displayed by PNU aka Gema being led by the (2) Hague Ringleaders> N amely Uhuru and Ruto axis of Evil!Who will remind them that Kenya doesnt belong to Kikuyus and Kalenjins big tribes!
What everybody in Kenya is witnessing is PNU Kibaki aka.Gema killing democracy in Kenya and dispålaying their well known facts >that these evil-forces never respects the rule of law. Why are they above the Law?
When will Kenyan Mps respect the Law? Why must Kenya go to the dogs simply becouse of the Six Ocampo named ?
IS Ruto /Uhuru bigger than the Repub lic of Kenya?
Has PNu members and supporters forgotten so easly how Ruto incited young worriors in Eldoret where Kikuyu Children old mothers were b urned alive? and any child who tried to escape was tossed back in the fire!? Why should pnu -Gema axis of evil has such a rat /mongoose mentality of forgetting so easily and stupid!
Kenyans should worry >watch this Video and Judge yourselves How Ruto/Uhuru threatened Raila& Marende !What are they Planning? Are Kenyans going to see Political assasinations /poisoning ,chaos /Aircraft arranged/Schemed) accidents? Are we going to see history repeating itself?where Leaders like Jm Kariuki,Tom mboya, Muge Ouko and others were Killed by the Kenya government and nothing happened?
Uhuru/Ruto /PNU /NSIS Kibaki/Saitoti and Michuki must be held responsible if anything happens to Raila and Marende the speaker of the Kenya parliament!On the Other hand Why is the Hague Judges delaying in Issuing arrest orders to the Ocampo Six? Note> see how by the delaying of the Hague is cousing chaos in Kenya hence these Six malefactors are Roaming free in Kenyas street schemming and planning mayhem that may lead Kenya into civilwar!
Watch this Threatening Video and Make ayour own judgement>http://www.youtube.com/watch?v=3hiSBd5fV3c&feature=player_embedded
Read this One from African confindential>Uhuru &Ruto want >Raila to be Arrested &detained!>http://allafrica.com/stories/201102170650.html
Ahaaa!!! angalia the Ocampo suspects are now scared to their pants!!! Saw them doing a press conference jana to rubbish the Marende ruling. Sio vile walitarajia!!! Back to the drawing board for them!
The Axis of Impunity is fighting a desperate battle for survival. During the referendum campaign, Kibaki had reined in on Uhuru and Kalonzo, but now, the masks are down, and the 3-headed dragon is showing its true feathers! Kenyans are watching in disgust as it is blowing its firy breath, loaded with flames of tribalism, impunity and uninhibited lust for power!
When the nominations were done according to Ruto, they were constitutional and when they are rejected they now become unconstitutional and by the way mr ruto are u aware that the audience u are talking about that marende consulted are kenyans who voted for this constitution, remember u didn’t. The time for bickering is over let the two principle get to business and give us an agreeable list.
The Speaker acted right .It is the role of Parliament to check the excesses of the Executive .The way some names were picked raised more questions than answers .What was the criteria or even if the PM was even aware of the names leave alone being consulted.
This response to the speaker’s ruling is laughable. Considering that those who are making noise and suggesting that the speaker has exceeded his mandate, one wonders why they were waiting for a ruling in the first place! It just goes to show that they believe in only one outcome regardless of what the constitution, the courts and popular opinion may suggest. While I would like parliament to continue with the business of building the new constitutional structures, I am also hoping that they can show Kenyans the laws that indicate how Hon. Marende has exceeded his mandate.
Uhuru, we have a coalition govt in which both the president and pm are the executive. The sooner u understand that Kibaki isn’t the only executive, the sooner you will stop making stupid statements. Indeed if PM wasnt executive, the speaker wouldn’t have acted on his protest letter to parliament. Folly is doing the same thing over and over but expecting a different result. If your man didn’t learn from the Leader of HBC saga, you will never learn.
Hon Ruto and Uhuru should be the last to lose their cool to the Hon Speaker’s ruling. Why? Wether unfairly or fairly suspected of PEV, it raises extreme concern for not wanting to use due process to clear their names. How do you and your group want to impose on majority of Kenyans what is openly in disagreement half way? Marende is the most trusted in Kenya now, and anybody seeking to oust him excites tendencies of revolution Egypt way; respect for common man.
Just after I read your piece I was into the newspapers.
http://www.standardmedia.co.ke/InsidePage.php?id=2000029471&cid=4&
Typical with this poly-tricking. how constitutional is a popularity contest over a decision made according to the constitution and with all the right by the speaker.(WHAT DOES THIS INSINUATE ABOUT THE NATIONAL SPEAKERS CHARACTER AND PROFESSIONAL CAPACITY; mind us who are not aware that many going to protest against him are very less educated even lesser so can fathom the legalese language in the constitution. They just ought to quite down and step in line with soon to be more common sense)
http://www.youtube.com/watch?v=LdR5_bqS8ok&feature=related
(notice the flag at the top left of the album / try follow the lyrics)
Now the whole weekend until tuesday the bunch of MPs will be meeting and scheming up on wrong things, on taxpayers time.
They are spending too much time as you mention trying to justify and rationalize their positions while there is necessary nation building, job creation, infrastructure refurbrishment, institutional and school syllabus revitalizing, food security realizing, envisioning a Kenya where more can have an opinion about more worthwhile endeavours than “saving your criminal asses”, mindset that seems to be the order of the day. These amongst others I hope many would agree to do if we are to avoid certain doom for the country as a whole.
It is obvious that we ought be in a process to sensitize the nation literate and illiterate, academic and non-academic, etc to make more responsible and reasonable choices for the “unfortunate”(sarcasm) common future we have as those of us claiming to be kenyans.
Since we are certainly going to have the same paradigms of representation if we do not ensure uppering our expectations as well as being more enthusiastic about unity and harmony rather than “shared disunity” and discordance.
Kenyans people wherever they are regarless of their tribes should know that in 47 years after Independence were made hostage by the first Presidents who thought their excessive powers can oppress other tribes by appointing their tribesmen in key posts of the National cake,and call it to be seen as all Kenyans people are enjoying the same.
Kenyans people in all tribes were good people and tolerant except the leaders who entered in to massive corruption,impunity, dynasty,nepotism and tribalism.That is the Cancer in Kenyan Governance. Those leaders thought if they cheat Kenyans in the name of unity and peece, no one will know their plans. Many good educated men in Kenya have been assassinated in mysterious ways but no justice has been done and yet we have very qualified detectives and intelligence but no body has been brought to books. What will the Court they are cheating people to form will do and how long will it take us to know the results,100 years with impunity in?
Kenyans Presidents have appointed so many Commissions to look into some cases and Billions of Shillings has been consumed in a such fraudulent manner to the same team of corruption, but nothing has been come out of that.Is that another way of stealing money in the form of Commissions?
Kenyans knows very well that in the year of 2007/08 General Election in Presidential results were messed up by the same groups of corrupt people and plunged the Country into violence which witnessed 1,000 people killed and 350,000 displaced from their homes and are not resettled for three years up to now.
Now because of retaining impunity and corruption, The same group had to swear the President at night in State House without Kenyans being invited to witness the genuenity of the winning, Was that a constitutional law of PNU or Kenya? And then they say everything was done constitutionally? Which clause is that in our consititution old or new?
The World and Kenyans observers saw all the messes and raised the eyebrow to see what was taking place.The Africans leaders whom Kalonzo has been lobbying to save their crimes they did to Kenyans, had to come in to save the situation, and they had to sent Kofi Annan to mediate the Coalition Government because the Waki Commission Committee which invesitigated the matter found that Kibaki stole the votes therefore can not run any Government a lone. Raila was to be made Prime Minister of the Republic of Kenya to balance the law.They were told to consult each other in every matter concerning the Nation. But the corrupt group because of the igonant of the law, they continued with their style of corrupt as usual, even now they have forgotten to know that they are the perpetrators of the violence which killed innocence people in Kenya.You can prove it from their boasting and arguments. They are trying to do the same act and yet they know Ocampo is for them.
The Speaker of the National Assembly(Parliament) of Kenya Hon. Kenneth Marende rulled in accordance of the laws of new Constitution of Kenya which does not need the old corrupt laws to penetrate in. The new laws are for Kenyans not for the few thieves to waste our time in delaying tactics. PNU party was formed from people who were picked up from Brief case parties which did not know any law. The laws they know is corruption and bribes, Even the party itself is not supposed be be there but the Registrar of Political parties is from the same group, so to them is their constitution as usual.But not for Kenyans.
The new Constitutiton jobs appointments should be advertised and new faces should be taken not the old impunity tribal leadership. Otherwise if the tribal style is still in people’s minds, then implement Majimbo in the new Constitution and by that one can enjoy with his or her tribe in their region.That will end impunity in Kenya.I mean Majimbo to be enacted into laws of Kenya because we are still holding it. If leaders can say they don’t want other people in their regions,then what does that mean? Is it not Majimbo? Let us have Majimbo. I thank Marende to stand firm in the law.
Uhuru Kenyatta is the most significant if only PNU politician named by Ocampo. So is he the sacrificial lamb for PNU or is he as guilty as he is being alleged?
According to Ocampo (and I quote the Nation here) “On or about 3 January 2008, KENYATTA, as the focal point between the PNU and the criminal organization the Mungiki, facilitated a meeting with MUTHAURA, a senior Government of Kenya official, and Mungiki leaders to organize retaliatory attacks against civilian supporters of the ODM.
“KENYATTA additionally instructed the Mungiki leaders to attend a second meeting on the same day to finalise logistical and financial arrangements for the retaliatory attacks,”
If Uhuru is the focal point of contact between Mungiki and PNU, then this might just explain the casual attitude he has shown recently. Of course he knew there were allegations about him, but if this is what Ocampo comes up with, then I would sit pretty like him. But we must wait for the application on the 17th to the chamber to get the full details of the evidence that Ocampo will use to ask for indictments of the 6 characters he has named today.
Here is Quatation from Uhuru Kenyatta >read>
My position is clear; anything that is not in the national interest, no matter which tribe believes it is good for them, must be opposed and defeated, more so if it could lead to further divisions in our multi-ethnic country.
If I am called a traitor for this stance, so be it. Let those with a myopic vision peddle their ideas and those who stand on principle stand for what is right and then let history judge us all.
-UHURU KENYATTA 11/6/2005
Pole Bwana Rais, but when you go against your own constitution, you are bound to burn your ego. Unfortunately, it was those we saw weeping who lost, and will lose again and again as we Kenyans take over destiny of our beloved country from a few corrupt elites.
To those even in the media Press who want to confuse Kenyans that President Kibaki is always misled are doomed to lose; we know their schemes and cunningness: whether they meet in midnight darkness or consult with powers of under the sea, their dirty plans are still known. These masters of darkness and pervasion will never succeed in their attempts to dissuade Kenyans
People are dying of hunger in Pokot while the MP for this area Samuel Poghisio, Minister of Information and Communication and currently the Chief Ruto Ass licker and chairman ODM-Kenya is busy backing Impunity bosses in Nairobi. As he is doing those two jobs, the people of Pokot and Mwingi (Kalonzo’s constituency) are dying of hunger and eating dogs.
Kalonzo is busy planning to take his shuttle diplomacy to the UN Security Council, using millions of money which could have obtained water for these poor fellows.
Funny though that these poor souls are now ready to kill and die on behalf of Ruto..amazing grace!
In the capacity of recognizing the integrity of our judiciary, We have to honor marendes ruling, since the proposed nominees are not to act in either kibaki’s or raila’s mandates but in accordance to our constitution, which i believe to be very impartial to anyone of us. In that capacity, i would like to highlight that Kenyans should clearly know that, because of untrusted judiciary, the situation of this country has worsened in post 2007 since both parties constituting the government are not keen of our sovereign judicial system, hence we should not allow any demon of paralysis to jeopardize the task ahead of us.
Marende ruling sets proper precedent | February 18, 2011
BY DR GIBSON KAMAU KURIA
Through his ruling on the constitutionality of the process of the nominations of four persons who were to be considered for appointment as Chief Justice, Attorney-General, Director of Public Prosecutions and Director of Budget, Speaker Kenneth Marende has set the country on the right path in ensuring that after 27th August, 2010, the appointment of holders of constitutional offices is a shared responsibility of the Executive and Legislative branches of the Government.
The ruling, therefore, reflects the new Republic Kenya is. He is to be commended for that. Previously, it was the responsibility of the Executive alone.
The full implications of that ruling can only be grasped if three factors are borne in mind.
The first factor is that under the new Constitution, the appointment of holders of constitutional offices is a shared task of both the Executive Arm of the Government and the Legislative Arm. The Judiciary has no role whatsoever.
Under section 166 of the Constitution, the Judicial Service Commission applying the merit criterion alone, recommends to the President the persons to be appointed Chief Justice and Deputy Chief Justice which he appoints subject to approval of the National Assembly.
Section 12 of the transition provisions describes the composition of the Executive Arm of the Government during the transition period. It is made up of the President and the Prime Minister.
In a global study of the appointing process, Honourable Sandra E. Oxner has observed that merit is made up of high moral character, intellectual and analytical ability, sound judgment, integrity and understanding of people and society. (See Hon. Sandra E. Oxner, The Quality of Judges, in 2003, the World Bank Legal Review, Vol. 1, 321).
Under section 166 of the Constitution, the National Assembly is not limited in the number of nominees it may reject. In the USA, the Congress has approved 123 out of 159 court nominations made by presidents during the history of that Constitution. There is, therefore, no novelty in the rejection by the National Assembly of four nominees. The National Assembly should not get tired of doing the right thing by rejecting those whom it ought to reject.
It is the expectation of the Kenyans that the Constitution and the criterion of merit alone will be followed by the President and the Prime Minister in nominating prospective holders of constitutional officers, so that the Parliament gives the approval necessary.
Under section 61 of the former Constitution, the President alone appointed the Chief Justice without reference to any other organ and judges on advice of the Judicial Service Commission. The radical change which is yet to be embraced, or understood, by all is that the power to appoint holders of constitutional offices is now a shared responsibility of the Executive and Legislature. Through his/her Member of Parliament, the Kenyan participates in the appointment of holders of constitutional offices.
http://www.capitalfm.co.ke/news/Eblog/view/Marende-ruling-sets-proper-precedent.html
Sad but true,
http://www.standardmedia.co.ke/InsidePage.php?id=2000029540&cid=4&ttl=Kibaki%20fights%20back
What does the military, airforce and police of various degrees think of this.
I mean how unenlightened and insensitive have they been moulded to be. I would consider they have relatives not having it too good in this situation of too many leaders and no leadership.
We should appeal to them to come to their senses and act in taking care of business that politricking has forgotten its mandate while people suffering and youth being apathized by the continuous show of disregard by “all in authority” about the plight of the everyday people. Example: If we are literate we must look out for the illiterate not take advantage of them and “rape” and humiliate them since it only reflects who we are.
Excerpt from daily nation
Why it is important to have national dignity
SHARE BOOKMARK PRINT EMAILRATING
By JENNIFER SHAMALAPosted Wednesday, February 16 2011 at 18:14
Najivunia kuwa mkenya rings hollow in a nation that no longer believes in itself. This is not the country of the generation that felt an overwhelming sense of pride at the dawn of independence.
We had a story of independence to tell. Every country has its story. Ethiopia has the Queen of Sheba and the US The Pursuit of Happiness. Kenyans also have their stories to narrate such as the Kingdom of Mumia and Mumbi and her daughters.
Bless
Kenyans has never wittnessed such a Mharo(diarrhearing) coming from Uhuru/Ruto axis of evil!>http://www.youtube.com/watch?v=90-2od9vvMY&feature=player_embedded
Kalonzo Musyoka’s 2nd shuttle diplomacy is bound to fail:
http://www.youtube.com/user/kenyacitizentv
http://www.youtube.com/watch?v=qQ7aS0QhUSg&feature=related
The British High Commissioner has stated clearly that Britain will not support the ICC deferral when the case is presented at the UN Security Council:
The son of a Cabinet minister who is a friend of Vice President Kalonzo Musyoka is angry over the latter’s involvement in the second round of the shuttle diplomacy which is aimed at getting the UN to allow a deferral of the ICC case on Kenya. The man, who is bitter with the VP was overheard telling colleagues that Kalonzo will soon have his day with the Kenyan public on the matter. “Gadaffi supported our bid to defer ICC cases. He is on his way out like Mubarak. The people who spent public funds globe trotting will soon face the Kenyan jury,” he remarked.
Kalonzo’s SHATTERED Diplomacy is surely reaching nowhere.
There is no doubt that the ICC process and the fate of the Ocampo Six will define the 2012 electoral politics. But Kibaki’s determination to defeat the ICC process is a mixture of his personal antipathy towards Raila, as the Wikileaks cables have amply shown, and a matter or personal liability or culpability if the prosecutions come to pass.
The president probably cares little about the fate of Henry Kosgey, William Ruto and Joshua Sang. They were his foes in the last election and he would not mind them being fixed by The Hague. But he has every reason to be worried about Uhuru Kenyatta, Francis Muthaura and former Police Commissioner Hussein Ali who were his fixers. Their prosecution will most likely spill the beans on what went on in Kibaki’s inner circles and government during that political crisis.
Indeed it is the naming of Mr Muthaura, believed to be the engine of Kibaki’s political machinery, that shook the inner sanctums of Kibaki political circle. By citing Mutharua, the prosecutor has indirectly implicated President Kibaki. It is the possibility that Kibaki could be summoned to testify if Muthaura’s defence is that he only conveyed the president’s instructions that has sent State House into this diplomatic overdrive. Will it succeed, and what will be Kalonzo’s reward?
http://www.the-star.co.ke/opinions/david-makali/16524-why-the-president-is-scared-of-the-hague-