Friday, 9 February 2018

Kenya is sliding into dictatorship, says Koigi

By PETER MBURU
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Koigi wa WamwereFormer Subukia MP Koigi wa Wamwere. FILE PHOTO | NATION MEDIA GROUP 
9.02.2018
Veteran politician Koigi wa Wamwere has warned that the country is sliding into dictatorship following the recent political developments.
The former Subukia MP, who participated in the second liberation struggle, on Friday condemned the government’s recent crackdown on Opposition leaders and the media which he termed unlawful.
He said although Nasa leader Raila Odinga’s 'swearing-in' was unnecessary, the government’s reaction to it was uncalled for.
The politician also termed the 'deportation' of lawyer Miguna Miguna unconstitutional.

Canada conveys discontent over treatment of Miguna


Miguna Miguna
Miguna Miguna participates in a gubernatorial debate at Crowne Plaza Hotel, Nairobi, on June 29, 2017. He said he will still protest against the sitting Jubilee government. PHOTO | EVANS HABIL | NATION MEDIA GROUP 
By MAUREEN KAKAH
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8th Feb.2018

Details of frantic but fruitless efforts by the Canadian government to intervene in the Miguna Miguna saga using diplomatic channels have been revealed.
In correspondence seen by Nation, the Canadian High Commission wrote to the Foreign Affairs ministry expressing concern over the government’s handling of the self-declared “general” of the National Resistance Movement (NRM).
Dr Miguna holds both Kenyan and Canadian citizenship.
In the letter dated February 5, the Canadian High Commission protested that it was not only notified of Dr Miguna’s arrest and subsequent detention in police custody but was also denied information and access to him.
VIOLATION
This, the commission noted, was in blatant non-compliance with the Vienna Convention of Diplomatic Relations.
“The High Commission of Canada is concerned that such actions prevent the Canadian government from monitoring the health and wellbeing of its citizens, the embassy seeks assurances that future consular visits will not face similar restrictions,” the letter reads.
The Canadian government demanded assurances from Kenya that none of its citizens would be mistreated while living and working in the country.
The letter details how officials from the Canadian High Commission wrote to Kenyan authorities seeking authorization to visit Dr Miguna at Lari police station in Kiambu on February 4, only for the officer in charge to decline to identify himself or confirm the lawyer’s status.
INVESTIGATION
The Canadian diplomats also sought to know his wellbeing following reports that he had suffered an asthma attack besides being denied access to his lawyers.
The envoys also raised concerns over the fact that they attempted to call the police service number 911 but it was never received or returned.
They further demanded immediate consular access to Dr Miguna as per the Vienna diplomatic relations.
“The government of Canada takes allegations of mistreatment of a Canadian citizen very seriously.
"The High Commission would be grateful for ministry’s assistance in ensuring an official investigation is conducted and in providing it with updates on the progress as well as results of the probe,” the letter read.
DEPORTATION
The letter was presented before court on Wednesday by State lawyer Duncan Ondimu while Dr Miguna’s battery of lawyers protested over the turn of events that had seen him deported even after a Kajiado court had ordered that he be presented before High Court judge Luka Kimaru.
Following the deportation, Justice Kimaru ordered that Immigration director Gordon Kihalangwa files an affidavit explaining under what circumstances his office took custody of the Nasa activist and deported him in blatant breach of an existing order that he be produced before the High Court.
He also ordered that Inspector General of police Joseph Boinnet and Director of Criminal Investigation George Kinoti appear in person on February 14.
The judge also directed that the duo swear affidavits and file them by Friday 9th, explaining how Dr Miguna was handed over to immigration officials who oversaw his deportation.
RELENTLESS
Dr Miguna arrived in Canada on Wednesday afternoon and immediately declared the struggle to unseat the Jubilee government had just began.
The lawyer who touched down at Toronto’s Pearson International Airport almost two hours late because the flight from Amsterdam had been delayed by a winter storm battering the North East, said he was safe and sound because the Jubilee government could not break him.
“I’m safe. I’m alive. It’s not easy to kill a revolutionary,” He said adding, “They tried but they can’t.”
Assuming his bombastic posture, Dr Miguna said his recent trials and tribulations at the hands of the Jubilee government had only increased his resolve to dislodge the administration.
The Nasa activist was received by a crowd of supporters living in Canada.
Speaking to a group of supporters and members of the Press who had gathered at the arrival lounge to welcome him, he said he was wrongly deported because he had not renounced his Kenyan Citizenship.
Additional reporting by Chris Wamalwa in Philadelphia

Thursday, 8 February 2018

Miguna Miguna arrives in Canada:BBC

8th Feb. 2018

Kenyan opposition figure Miguna Miguna was greeted with cheers and hugs after landing in exile in Canada.
The dual-national citizen was forced to leave the country of his birth just over a week after taking part in the unofficial inauguration of opposition leader Raila Odinga in the capital, Nairobi.
People have been sharing pictures of the lawyer, who had flown with Dutch airline KLM via Amsterdam, arriving to joyful scenes in Toronto:
Questions have been raised over the legality of Mr Miguna's deportation.
A Kenyan judge had initially ordered he be released on bail on Friday, but he remained in custody until he was put on the plane on Tuesday night.
He had been facing a treason-related charge.
He spoke to BBC Focus on Africa yesterday:

Wednesday, 7 February 2018

Raila says he wants fresh election held in August

Raila Odinga
Nasa leader Raila Odinga who has said he wants another election held by August this year. PHOTO | SALATON NJAU | NATION MEDIA GROUP 
By SAMWEL OWINO
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National Super Alliance leader Raila Odinga has demanded fresh elections by August but ruled out any plans to lead a coup against President Uhuru Kenyatta.
In a three minute BBC interview, Mr Odinga maintained that he did not recognise Mr Kenyatta as the President “since he does not have the legitimacy of the people”.
Mr Odinga, who was sworn in as the “people’s president” last week, appeared to backtrack on his pledge to name a cabinet, saying he would push for the creation of a people’s convention to deliberate on matters from regional assemblies instead.
“We are going to deliberate on a number of issues such as electoral justice, reform of the Judiciary, restructuring of the executive power among others,” Mr Odinga said.
PEOPLE'S ASSEMBLIES
The comments came even as a team, led by National Super Alliance strategist David Ndii, said the opposition would unveil a team to assist Mr Odinga in his national duties as the "people’s president" at a national convention to be held by the end of February.
Dr Ndii’s team maintained that Nasa would continue holding People’s Assembly meetings in various counties before a national inauguration by the end of the month.
Already, 15 county assemblies have passed motions to form the people’s assemblies.
The Committee on People’s Assemblies under Dr Ndii told reporters at Okoa Kenya offices in Lavington, Nairobi, that it would not be distracted by the arbitrary arrests of its leaders and “we will remain focused on our ultimate goal of having a credible election by August”.
CONVENTION
He said the team had lined up a number of resolutions touching on electoral justice, restructuring the Kenyan State and strengthening and defending devolution.
“We plan to convene the inaugural National Convention at the end of February. The resolutions of the convention will be validated by the people through a referendum,” Dr Ndii said.
“Our goal is to see the People’s Assembly process culminate in a presidential election under a new electoral regime no later than August 2018.”
On how Mr Odinga would operate as the people’s president without trappings of power, Dr Ndii said the most important thing was the will of the people, “which is with Mr Odinga”.
“Before the Europeans came, we lived, governed ourselves and flourished without the structures, trappings of power and symbols that now dominate our imagination of government,” he said.
“The government is not these things. The government is the will of the people. On January 30, the people spoke. The rest is detail.”
ILLEGAL
Last month, Attorney General Githu Muigai moved to court to challenge the formation of People’s Assemblies.
“The establishment of the assemblies by county assemblies is an illegality as the institution is alien to the Constitution. Neither is it within the framework of the County Governments Act or any other legislation,” Prof Muigai said.
The opposition announced that it is determined to end the culture of impunity, abuse of power and electoral fraud.

Dr Miguna issues Press Statement at Amsterdam



Image may contain: 1 person, sitting
Press Statement, issued at Amsterdam, February 7, 2018
First, let me confirm that, yes, the illegitimate, despotic regime of Uhuru Kenyatta and William Ruto forcefully placed me on a late night KLM flight from Nairobi to Amsterdam in flagrant violation of my constitutional rights, five valid court orders and common decency.
My purported “deportation” to Canada followed a violent invasion of my home by more than 34 hooded criminals who used detonators to gain access to my residence at or about 5:30AM on February 2nd, 2018; failed to give notice to me of their illegal attendance; failed to identify themselves or the reasons for such violent entry; did not shout “police;” never stated the purpose of their; abducted me; and kept me in unlawful incommunicado detention for five days under the most horrendous, cruel and inhumane conditions imaginable.
Second, I wish to express my deep and sincere condolences for the innocent Kenyans who have been brutally murdered by organized criminal enterprise purporting to be the “police.” All the victims of the cascading cruelty and barbarism sponsored by the illegitimate wield era of State power must be condemned in the strongest terms possible as they have no place in a civilized modern democratic, which regrettably Kenya is not, but which is what NRM-Kenya, which I lead stand, aspire and is committed to.
Third, let me take this opportunity to thank my wife and family, H.E. President Raila Amolo Odinga, my comrades in the NRM-K, the gallant advocates who have defended me, and all patriots and friends of Kenya who have kept vigil and ensured that the despots eventually produced me in court, even if in contempt of numerous court orders.
Fourth, I have never, ever renounced my Kenyan citizenship and will never do that. I’ve never even contemplated it.
Fifth, the constitution is crystal clear: no one can invalidate or purport to cancel the citizenship of a Kenyan born citizen. So, Matiang’i has no authority - and I didn’t request him - to “take me home” as he shamelessly claimed.
Sixth, even if one had intended to deport me anywhere for whatever reasons, there are well laid legal procedures that must be followed and fundamental rights that must be upheld but which Matiang’i and his illegitimate thugs have violated.
Seventh, the illegitimate wielders of power have destroyed and illegally seized my property without any legal excuse or justification.
Eighth, three of the goons who kidnapped me and illegally held me incommunicado threatened to kill me. They are Chief Inspector Njoroge, a Mr. Kamau (an immigration officer) and the head of the Flying Squad, Said!
And finally, I will challenge all the illegal and unconditional actions by the despots in court starting today. I have instructed a battery of competent advocates to ensure that the ongoing rogue purveyors of impunity are brought to book. They are not above the law, even though they behave as if they are.
- Miguna Miguna

Power crisis looms as Masinga Dam faces closure in two weeks

Summary

  • He blamed the weather for the low water levels.
  • Last year, the plant was shut down twice due to lack of enough water, the CS said.
  • Mr Keter said Sondu Miriu hydroelectric power station, which is supposed to generate 80 megawatts, is currently producing less than 10 megawatts.
7th Feb.2018
The country is staring at a power crisis as the government Tuesday announced that Masinga Dam will be closed if it does not rain in the next two weeks.
Speaking during a meeting with the Energy Parliamentary Committee at English Point Marina in Mombasa, Cabinet Secretary Charles Keter said due to low water levels and drought, the government would close down the electricity generating station.
“If it doesn’t rain in the next two weeks, the government will shut down the dam. Water levels are too low to allow continued generation of electricity at the station,” Mr Keter said.
He blamed the weather for the low water levels.
Last year, the plant was shut down twice due to lack of enough water, the CS said.
SONDU MIRIU
Mr Keter said Sondu Miriu hydroelectric power station, which is supposed to generate 80 megawatts, is currently producing less than 10 megawatts.
The plant is in Nyanza whereas Masinga, an embankment dam on the Tana River, is on the border of Machakos and Embu counties.
“Last year was very bad. But if it rains in March or April, we will be okay. We are working with regional partners to develop a proposed dam to generate electricity in western region. Turkwel Dam is the only power plant which is operating well, unlike Sondu Miriu which is a runoff dam,” he insisted.
He said the country relies mainly on hydroelectricity, which is cheaper. “If the dam levels go down, we will have to use thermals. In Mombasa, we used to run 100 per cent on thermal. Right now we are doing 80mw of geothermal direct from Olkaria. We are also connecting on hydro from Kiambere.
If it goes down, we will have to run Rabai and Kipevu 123, which use expensive diesel,” he said.
The CS said the government would focus more on western region to ease electricity generation.
He said private sector involvement is crucial to increase funding in electricity generation projects.
Kenya’s geothermal potential is about 17,000mw, he said. “We are doing only 800mw. Geothermal is capital intensive. We are number five in the world in terms of geothermal generation. The US leads with about 3,600mw.
“Infrastructure has been done and water drilling, too. We only have one investor doing geothermal power at Olkaria, about 150mw. We will also be doing gas power plants here in Mombasa, about 700mw,” he said.
Meanwhile, 200 workers of the defunct Kenya Petroleum Refineries Ltd will not be fired as the government plans to convert the Mombasa facility into an oil storage unit.
Mr Keter said Kenya Pipeline Company would take over the refinery soon, the only one in East Africa. The refinery was shut down in September 2013 following disagreements between Essar Energy of India and the government. The two were equal shareholders of the facility.
Mr Keter said the government has opted to build a modern refinery in Lamu.

Outrage as State ejects Miguna Miguna


Miguna Miguna.
Lawyer Miguna Miguna. He was placed into a flight leaving Nairobi for Amsterdam on Tuesday night. FILE PHOTO | NATION MEDIA GROUP
7th Feb. 2018
By NATION REPORTER
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Self-proclaimed National Resistance Movement (NRM) “general” Miguna Miguna was on Tuesday night 'deported' from Kenya to Canada.
Mr Miguna was put into a KLM flight departing Nairobi for Amsterdam minutes to 10pm, his lawyer John Khaminwa said.
“We are reliably informed that Miguna Miguna has been forced into a KLM flight for “deportation” to Canada. Now, how do you deport a Kenyan? This Country has been overrun by criminals,” another lawyer Nelson Havi wrote on Twitter.
The official government newsroom said on Twitter, ‘‘Miguna is headed home. The court ordered he gets released and the interior ministry obeyed the orders and even assisted him with a flight ticket home’‘.
Interior ministry claims Mr Miguna denounced his Kenyan citizenship years back. Spokesman Mwenda Njoka said the lawyer never bothered to reclaim it.
“Mr Miguna denounced his Kenyan citizenship years back, acquired Canadian citizenship and never bothered to reclaim Kenyan citizenship in the legally prescribed manner neither did he disclose that he had another country’s citizenship despite being a lawyer who should have known better,” Mr Mwenda said on Twitter.
The account added that Mr Miguna ‘‘renewed his Canadian passport on 16th June 2017’‘.
It is not clear what law the government used to eject him from Kenya as the Constitution guarantees him citizenship since he is Kenyan by birth.
A senior govt official said that the Interior Ministry will give a detailed statement in the morning.
He said when Mr Miguna was arrested, the Canadian government had written to Kenya expressing concerns that their citizen was being harassed and they wanted him back.
Lawyer Miguna Miguna with his lawyer and

Lawyer Miguna Miguna with his lawyer and Nominated Senator Judith Pareno when he appeared at Kajiado Law Courts on February 6, 2018. PHOTO | KANYIRI WAHITO | NATION MEDIA GROUP

Mr Miguna Tuesday narrated how he was held incommunicado for five days without access to his family or a lawyer following his arrest last Friday.
He said police officers humiliated him by locking him up in conditions “unfit for human existence.”
Mr Miguna was speaking at the Kajiado Law Courts where he was taken after his arrest last Friday on suspicion of taking part in a ceremony in which opposition chief Raila Odinga was sworn in as the people’s president on January 30.
Reports of his deportation come hours after High Court Judge Luka Kimaru barred the Director of Criminal Investigations (DCI) and the Inspector General (IG) of the police from preferring any criminal charges against him.
MP Tom Kajwang’ and Miguna Miguna during the

MP Tom Kajwang’ and Miguna Miguna during the ‘oath’ event of Nasa leader Raila Odinga at Uhuru Park, Nairobi on January 30, 2018. PHOTO | JEFF ANGOTE | NATION MEDIA GROUP

The judge had earlier ruled that the Police IG and the DCI were guilty of disobeying court orders regarding his release.
While the court in Kajiado ordered that he be presented before Justice Kimaru's court at Milimani, Mr Miguna was not produced in the court and his lawyers stayed late within the court's premises waiting for his release.
He was arraigned in a court in Kajiado on Tuesday but did not plead to charges preferred against him.
Justice Kimaru had directed that police present him before court Wednesday at 11am.
KAJIADO COURT
The Kajiado magistrate had ruled that Mr Miguna be taken before Judge Kimaru in the High Court in Nairobi before 3pm Tuesday for orders on his bail terms.
He further directed that Mr Miguna appears before him on February 14 to take a plea.
This not likely to happen as the Nasa activist has now been ejected out of Kenya.
NASA SUPPORTERS RESTLESS
On Tuesday evening, Nasa supporters who had filled the Milimani courtroom were restless on whether he had been freed after Judge Kimaru ordered for his release.
The judge said he would not leave the premises until Mr Miguna was brought before him.
“I have been informed that he is in the building, so it remains that he is free,” the judge said before he walked out of the courtroom, leaving Nasa supporters shouting and demanding to see him.
CHARGE SHEET
The charge sheet against Mr Miguna alleged that he “was present and consented to the administering of an oath to Raila Amollo Odinga purporting to bind him to commit a capital offence of treason,” leading to fears among opposition supporters that the Nasa leader could also be arrested and charged with committing treason.
Following Mr Miguna's arrest and failure to charge him in court, the Inspector-General of Police Joseph Boinnet and the Director of Criminal Investigations George Kinoti had been ordered to appear in court to explain circumstances surrounding their failure to release the Nasa activist.
Mr Miguna was arrested last Friday and on the same day High Court Judge James Wakiaga granted him a Sh50,000 bond but he was not released.
NASA 'OATH'
The Directorate of Criminal Investigations then said Mr Miguna was arrested after he confessed to administering Nasa leader Raila Odinga’s ‘oath’ and for being a member of an illegal organisation – the National Resistance Movement (NRM).