Kenya: ICC Warns MPs as State Moves to 'Save' Ruto

By Felix Olick and Felix KipkemoiA senior judge in the ICC case against Deputy President William Ruto has accused Kenyan MPs and the Jubilee administration of a campaign to sabotage the trials.
The warning by Presiding Judge Chile Eboe-Osuji came as a number of lawmakers from Mount Kenya urged Ruto to boycott his trial and their Kalenjin counterparts openly protested that government had abandoned the DP.
The ICC's move to admit directly into evidence the recanted testimony of five hostile witnesses against Ruto and broadcaster Joshua Sang has sent shockwaves into the DP's political inner circle.
However, the government, in a multi-pronged strategy - both legal and political - is determined to extricate Ruto from the stranglehold of the court in The Hague.
In his partly concurring opinion to admit the recalcitrant witnesses' testimony, Osuji, a Nigerian, strongly criticised government officials and MPs, saying that the objective of their utterances was to "prevent the trial running its course".
Osuji also took a swipe at community leaders, church elders and bloggers.
"All these actions, coming as they were, in the course of this case, were always fraught with the danger of jointly or severally creating or contributing to an intimidating climate for witnesses," Osuji declared.
"They truly evoke an unbridled form of the very definition of contempt of court."
Speaking on Saturday, Rift Valley MPs claimed the government machinery had taken its foot off the political and diplomatic pedal after the ICC withdrew charges against President Uhuru Kenyatta.
In a bold move, the leaders expressed their anger at the government and threatened to rethink their support for President Kenyatta.
"We wonder why CS Amina and other government officials were so keen moving around the world to petition the ICC States Parties to terminate the case [against Uhuru] but when it comes to our own they are silent," protested Bomet Central MP Ronald Tonui.

His sentiments were shared by Bomet Senator Wilfred Lesan, MPs Leonard Sang (Bureti), Bernard Bett (Bomet East), Joyce Laboso (Sotik), Paul Savimbi (Chepalungu), Eric Keter (Belgut) and Woman representatives Mary Seneta (Kajiado) and Cecilia Ng'etich (Bomet).
The lawmakers protested that it was only the Rift Valley's sons, Ruto and Sang, who remain in the dock as the ICC tightens the noose.
But yesterday Attorney General Githu Muigai said the government would seek to be enjoined in the appeal against admission of the prior recorded and then recanted testimony.
Muigai said the trial judges went against a promise made to Africa that an amendment to Rule 68 of the Rules of Procedure and Evidence would not be applied retrospectively.
"We think it is a very important question on how the court operates," Muigai told the Star.
"We and the rest of the African countries agreed to pass an amendment to the rules after the court promised that the rule would not apply retroactively."

State House, through its Director of Digital Communication Dennis Itumbi, has also announced its intention to challenge the move through the Kenyan High Court.
Itumbi said he will seek an interpretation of the ICC ruling, arguing that Kenyan law only allows treaties that do not contradict the fundamental basics of the constitution.
There are also indications that the Jubilee brigade will soon kick off a fresh round of prayer rallies to provide a platform for a political onslaught on the ICC.
There is a silent but strong feeling in government that Prosecutor Fatou Bensouda's grip on the duo is already strong and a serious political and diplomatic campaign is necessary to get Ruto off the hook.
It was just such a campaign that secured Uhuru and Ruto the Jubilee presidential ticket, despite both being suspects with cases at The Hague back in 2012-13.
The President's case was withdrawn for lack of evidence in December last year.

Kenya

Kalenjin Elders Rebuke Rutto Over War of Words With DP
Bomet Governor Isaac Rutto is to blame for a recent war of words with the DP, that painted the Kalenjin in bad light, … see more »
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ICC appeal court: Kenya doesn’t get its free pass but

By L. Muthoni Wanyeki

Kenya may have thought it had put the (dastardly) accusations of non-co-operation and non-compliance behind it. But the Appeals Chamber of the International Criminal Court this week ruled otherwise.

The background: While withdrawing the case of charges of crimes against humanity against President Uhuru Kenyatta, the Office of the Prosecutor made it clear that it had to do so given the steady attrition of the witnesses initially lined up as well as the non-co-operation of the Kenyan state with respect to obtaining other potentially corroborating evidence.

Banking and phone records for the then accused for the relevant period. Lists of assets of the then accused. The possibility of obtaining relevant state security service statements. And so on.

After some back and forth between all parties, attempts at accommodation were ultimately deemed insufficient, and the Trial Chamber handling the case did, in fact, find the Kenyan state had failed to comply.

It did not, however, refer the situation of non-co-operation to the Assembly of State Parties, deeming that doing so was injurious to the defence and, ultimately, irrelevant given the withdrawal of charges.

The OTP disagreed. As did the Common Legal Representative for victims registered for the case. The OTP appealed the failure to refer Kenya to the Assembly of State Parties on two grounds.

First, that the Trial Chamber, having made a finding of non-co-operation, did not have the discretion not to refer — an error of law. Second, even if it did have that discretion, it had wrongfully exercised it.

The Appeals Chamber’s findings and ultimate decision were both interesting. It confirmed the Trial Chamber did have the discretion to refer or not.

However, it held that it had failed to exercise its discretion in the fullest sense possible — with the goal not necessarily of reprimanding the Kenyan state but of continuing to seek its fullest co-operation. In the higher interest of the ICC itself and ensuring its design ultimately works.

That design evidently resting on the compliance of state parties — in this case, with respect to investigations.

It thus did not do what the OTP had asked — which was that it itself refer Kenya to the ASP. It instead kicked the issue back down to the Trial Chamber. To reflect on its previous decision with respect to continued consultation with the Kenyan state.

As well as with respect to the role of external actors — namely the ASP and its state parties. How they might otherwise assist Kenya in fulfilling its co-operation obligation. And whether or not other external actors may be of use in this respect. In short, with a view to a remedy in the first instance, not a referral.

Putting political temperatures aside, it stressed here that findings of non-co-operation are essentially to be deemed value-neutral. And that the long-term view should be taken. That is, all future co-operation by state-parties for the purposes of truth telling.

So the Kenyan state has not got its free pass. But all parties have been reminded of the longer-term implications of every decision made at all levels by the ICC’s Judges.

In this vein, the Appeals Chamber noted that the Trial Chamber had essentially confused the short-term and the long-term. Conflating criminal proceedings against the then accused, an individual, with proceedings concerning treaty obligations of state parties.
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ETHIOPIA NOW HAS SPACE PROGRAM

As the world’s poorest and least developed continent, it may come as no surprise that very few African countries own space programs. But what may surprise you is that one of its poorest yet most populous countries, Ethiopia, has managed to successfully launch one, a first for East Africa.
Sat on top of the towering Mount Entoto, near the capital Addis Ababa, the center so far consists of two telescopes sheltered within large dome structures. Switched on a few months ago, the observatory came with a $3 million price tag. Modest for space research that may be, but not for a poverty-stricken, resource-poor country ravaged by famine that spends, on average, about $25 per person on health services annually. And for a country receiving substantial help in the form of aid, such as from the UK’s Department for International Development, at first glance the endeavor may seem a colossal waste of money.
Certainly, members of the Ethiopian Space Science Society (ESSS) have had a hard time swaying the minds of officials that the skies are a worthy investment. But for the ESSS, it’s about substantially more than just a thirst for knowledge, and by no means is this an attempt to join the space race.
“Science is part of any development cycle. Without science and technology, nothing can be achieved,” said ESSS communications director Abinet Ezra, according to AFP-JIJI. “Our main priority is to inspire the young generation to be involved in science and technology.”
While the country may be on the receiving end of much-needed financial help, that is not to say this is a frivolous investment. In fact, the ESSS was actually funded by Ethiopian-Saudi entrepreneur Mohammed Alamoudi with the goal of building “a society with a highly developed scientific culture that enables Ethiopia to reap the benefits accruing from space science and technology.”
Still, there are many who believe the money would be better spent elsewhere, for example on food, healthcare and infrastructure. But there are immediate benefits to the center. The equipment negates the need for university students reading astrophysics to travel abroad for study, which is expensive. And ultimately, now that the program has backing from the relevant authorities, it is hoped that further on down the line a satellite will be launched with the purpose of improving communications and monitoring farmland, both of which would assist development.
“Being poor is not a boundary to start this program,” said Solomon Belay, director of the center and professor of astrophysics. “Engineering and sciences are important to transform our agriculture into industry.”
Read this next: Here’s What Your House Dust Reveals About You
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Female graduates,the world is full of sharks, be humble

It is the graduation season, and as it is the tradition in this column, we always try to give graduates a few tips to start them off in the outside world that is full of sharks. This after living through the secure bubble of parental tutelage and school comfort their entire lives. This year we will focus on female graduates. You are about to embark on a journey beset by untold challenges that as a woman you have to navigate on your own. But firstly, tone down your alcohol consumption, if you hope to get married and have a functional marriage. Ideally, quit and limit yourself to a glass of wine or two from time to time. I am sorry; most men who will marry you are stuck in the Stone Age and a woman who drinks like there is no tomorrow is not good for marriage. So make the right choice. Also other bad habits such as smoking, partying like you are 21 all over again sadly have to be abandoned. Remember time is a very bad servant for women. It is a fact of life. So you have limited time to get a potential suitor, get married, settle down, get babies, get that Masters degree, get your own house. You have to accomplish this in the next ten years. You will rarely manage to accomplish all of them and still look sexy. So learn to prioritise. Just know the older you grow, the more you are likely to be displaced in the marriage market by younger, sexier and more malleable girls. Be careful whom you have unprotected sex with. If you don’t picture him as a cool baby daddy or will make a great father to your kid, don’t. Tell him to rubber it up. I repeat, tell him to rubber it up. Sh*t happens. Condoms often burst. And they now sell fake contraceptives, be extra careful. You don’t want baby daddy drama in your 30s when you want to settle down. GO TO PAGE 1 2 3 Next » Do you have something to add to this story? Comment here. 0 inShare Latest News News anchor rejected by corporate boss News anchor rejected by corporate boss Boyfriend stalks randy politician Boyfriend stalks randy politician 'Mlevi' politician pees on himself in an office 'Mlevi' politician pees on himself in an office One for the road: Drunk senior Kenyan politician pees on himself in broad daylight One for the road: Drunk senior Kenyan politician pees on himself in broad daylight Retired politician shocks home owners by cancelling deal to his properties Retired politician shocks home owners by cancelling deal to his properties Married female politician giving gospel artiste sleepless nights Married female politician giving gospel artiste sleepless nights Next Story » 'Mlevi' politician pees on himself in an office Read More... Comment Policy
Read more at: http://www.sde.co.ke/thenairobian/article/2000174689/female-graduates-the-world-is-full-of-sharks-be-humble

Or scare potential suitors because you have a son who looks like a murderer at the age of three. Be wise. More importantly, shun all the advice your pastor, motivation speaker or TV personality will tell you. Neither should you believe the literature in books such as Lean In by Sheryl Sandberg. Truth is, aim high, don’t settle for jerks but remember you cannot have it all. Nobody does. Male or female, we all compromise in life. As you will struggle to find that work-life balance, just be realistic with your environment (all I am saying, if you are in Nairobi, don’t try to live as if you are in New York). I will also urge, don’t buy your own vibe. Don’t start the usual crap that men are afraid of your success because you earn more — or because you dine with the high and might in the world — since you came up with some SME-solution that is helping women in Africa to do something and it is a big deal. Just don’t buy it. Be humble, by all means. Be ready to compromise without lowering your standards in matters to do with relationships. Just make sure he is supportive, never lays a finger on you and does not live off you. Unless you want it that way. Don’t say that men are afraid of you because of what you drive. My man Oyunga Pala once said that a car is no longer a symbol of prosperity, but a means of moving conveniently in the city. Facts only. Lastly, whatever you do, be careful never to blame anyone for your failures in the event life throws crap at you. Remember crap happens. Death, taxes, bad in-laws, bad spouses are a likelihood or an inevitability at some point and now you must confront them as an adult.
Read more at: http://www.sde.co.ke/thenairobian/article/2000174689/female-graduates-the-world-is-full-of-sharks-be-humble?pageNo=2

Just make sure you always have some money of your own, should you get married and the man takes you for granted just because he pays rent for that three-bedroom house in South C. Love yourself. Value yourself, and you will be fine. @nyanchwani snyanchwani@gmail.com
Read more at: http://www.sde.co.ke/thenairobian/article/2000174689/female-graduates-the-world-is-full-of-sharks-be-humble?pageNo=3

Saturday, August 29, 2015 Why Ngugi chose to give lecture at Kisii University

y Maurice N. Amutabi
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Author Ngugi wa Thiong'o with his daughter Wanjiku wa Ngugi. PHOTO | FILE  

In Summary

• We were not surprised when Kisii University was selected to host this famous son of Kenya. Without a doubt, Ngugi may have been guided by intellectual dynamism outside Nairobi, and Kisii University seemed to fit the bill.
• Kisii University has great scholars led by the Vice Chancellor Prof John Akama, and has been holding successful international conferences since it was chartered three years ago.

The Kenyan scholarly community is proud to celebrate the achievements of Ngugi wa Thiong’o, who is celebrating 50 years since his first novel was published. As a literary giant and a public intellectual, Prof Ngugi wa Thiong’o is not new to Kenyans, and many are motivated to be part of his great story and achievements from his humble beginnings in Kamirithu, Limuru.

Besides Ali A. Mazrui, Ngugi remains perhaps one of the most famous Kenyan scholars internationally. He is without doubt the father of Kenyan literature and wrestles for the continental title with great Chinua Achebe. Many Kenyans were weaned on his novels from high school to university. He can rightfully be said to be one of the most visible public intellectuals in Kenya and has been engaged in issues of social justice, some of which got him detained.

I have never hidden my admiration for Ngugi, who helped produce the first generation of Kenyan scholars and pioneered in weaving literature with history in post-modern and post-colonial lenses before the post-colonial era. Some of the best illustrations of the history of Mau Mau and history of the peasantry and hoi polloi in Kenya have come to us through his works.

When I joined the University of Nairobi in the 1980s, Ngugi was one of the most famous names besides B.A Ogot, Godfrey Muriuki, Chris Wanjala, Gideon S. Were, Micere Mugo, Philip Mbithi, and Peter Anyumba, among others.

Literature was huge there at the time because it had famous names such as Ngugi, Micere Mugo, Okot p’Bitek, Taban Liyong, Chris Wanjala, Henry Indangasi, and Peter Anyumba, among others.

When James Ngugi dropped his Christian name, to become simply Ngugi wa Thiong’o, the shift in names of students at the university was visible, and continues to this day.

Ngugi is distinguished for stirring up some of the greatest global debates, such as his take on the use of vernacular as a better way of driving debate from the point of advantage. His argument that linguistic colonialism is the starting form of all kinds of exploitation remains relevant. The global linguistic hegemony exhibited by major linguistic blocs has vindicated Ngugi. The rise of China, Japan, Korea and other powers that have championed their own languages in technology have proved that, perhaps, Ngugi was right to ask us to rethink our own languages as tools of development.

Ngugi has also been regarded as one of the leading proponents of the post-colonial and post-modern theories of development through his take on the perpetuation of post-colonial exploitation after independence, famously known as neo-colonialism of the mind. He is often mentioned alongside dependency theory scholars such as Walter Rodney, Samir Amin, and Frantz Fanon, among others.

Eyebrows were raised when we announced to the world that Ngugi would come to give a public lecture at Kisii University, at Sagini Hall, on August 31, 2015 at 2pm.

Why did he choose a rural outpost such as Kisii University? Why not the University of Nairobi or Kenyatta University?

What many of our detractors did not know is that Ngugi wa Thiong’o does not use the same yardstick as theirs to measure where he is needed and where he needs to go. I assume he knew that Nairobi has had a fair share of famous people, including US President Barack Obama.

NOT SURPRISED

We were not surprised when Kisii University was selected to host this famous son of Kenya. Without a doubt, Ngugi may have been guided by intellectual dynamism outside Nairobi, and Kisii University seemed to fit the bill.

Kisii University has great scholars led by the Vice Chancellor Prof John Akama, and has been holding successful international conferences since it was chartered three years ago.

It possible Ngugi  wanted to visit and share in this dynamism. Although he is a global icon, Ngugi likes to be identified with rural places such as Kisii, because they are similar to Kamirithu in Limuru where he started a rural theatre that was banned by the state for fear that it would stir a peasant uprising.

Many will agree that Taifa Hall at the University of Nairobi has hosted many famous speakers and has hosted Ngugi about half a dozen times, and Sagini Hall at Kisii University should also take its pride of place.

Ngugi will give a public lecture at Kisii University on Monday, August 31, 2015 at 2pm, courtesy of Dr Henry Chakava, the East African Education Publishers and the government. The lecture will cover issues of ethnicity, nationalism and devolution and is open to the public. The discussant for the lecture will be Prof Chris Wanjala of the University of Nairobi, assisted by Prof Peter Amuka of Moi University. Ngugi taught Wanjala, who in turn taught Amuka.

Prof Amutabi is the Deputy Vice-Chancellor (Academic and Student Affairs) of Kisii University. amutabi@yahoo.com

Thursday, August 27, 2015 UN tells Kenya how to save sugar sector

By WAGA ODONGO
More by this Author

By BERNARD NAMUNANE
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UN Conference on Trade and Development secretary-general Mukhisa Kituyi during a past briefing. PHOTO | DIANA NGILA |  NATION MEDIA GROUP

A UN agency says the solution to the woes of Kenya’s sugar industry lies in lowering the cost of production and not protecting cane farmers.

UN Conference on Trade and Development secretary-general Mukhisa Kituyi challenged Kenya to make her industries competitive to match international standards.

“With the world fast moving towards regional integration, Kenya has no choice but to honour her obligations as a member of regional blocs,” Dr Kituyi said.

He was speaking during an interview with NTV on regional trade integration.

“Kenya should invest in competitiveness failure to which the market will drive you out of business, regardless of the posturing by the political class,” Dr Kituyi said.

“Don’t assume protectionism is the answer. Why should Uganda and Malawi be more competitive in growing sugarcane?” Dr Kituyi said.

USED AS A CONDUIT

However, Dr Kituyi talked of the need for protection to nurture industries as they improve their competitiveness.

“There is a legitimate and politically correct need to nurture a fragile enterprise. If Uganda produces more sugar than it needs, it has a right, under existing agreements, to export it to Kenya without need for new agreements,” he said.

“But if it doesn’t produce sufficient sugar, then we can conclude some individuals are using Uganda as conduit to smuggle in sugar. We should stop sugar that is coming from countries not in a free trade agreement with Kenya.”

Dr Kituyi blamed sugar prices on inefficiencies in farming. “Why does ploughing an acre of sugarcane farm using a tractor cost a lot more than maize? We are creating artificial costs.”

Meanwhile, the Transitional Authority wants to involved in the process of privatising five sugar firms next month.

Chairman Kinuthia wa Mwangi said the authority has the mandate to take stock of the assets of Sony, Nzoia, Chemelil, Muhoroni and Miwani sugar millers before they are taken up by private investors.

The civil societymust be revived and heeded

This week marks the fifth anniversary of our new constitution, whose transformative power continues to shake the body
politic. Even though the constitution is no longer the subject of media debate,
it is the source of the progress we have witnessed over the last five years. Its
best fruit is devolution, which has opened up previously marginalised regions
for development. But the escalation of old crises such as corruption and insecurity is
also linked to lackadaisical implementation of the constitution’s provisions.

There are
many reasons for the lethargic realisation of the constitution’s full impact. The
Bill of Rights, for example, requires massive resources to implement. But the Jubilee
government has also worked hard to subvert key constitutional principles, such
as dispersal of state power. The controversial Security Laws shifted
administrative power in the police service from the police commission to the
Inspector General of Police. The National Land Commission has been undermined through pitiable
funding, even as the Lands ministry viciously clawed back functions
constitutionally assigned to the NLC. Protections for the media and
citizens' rights to information held by the state are yet to be implemented.
Oddly,
these inimical developments have created problems that even government can no
longer ignore. Corruption, land grabbing and insecurity are worse than at
any other time in our history. President Uhuru Kenyatta himself has sounded alarmed by many
ills and welcomed policy solutions from critics.
On this fifth anniversary of
the constitution, the civil society, which has been at loggerheads with
Jubilee, should take the challenge and engage the government on key challenges,
among them poverty, unemployment, insecurity and corruption. This engagement
should start with a major conference to audit the implementation of the
constitution and take stock of the programmes designed to address these crises.
This
proposal for a national conference doesn't ignore the difficult
relationship between the two sides. The civil society doesn’t trust the government
to engage honestly but it must give it the benefit of doubt. The fact that
Kenya has remained stable despite grave underlying problems should persuade
civil society to engage public officials who would like to improve governance
but lack the adroitness required. The government too would benefit immensely
from informed dialogue. Merely meeting civil society would boost its
credibility by showing it can listen to voices other than its own.
The
conference would entail a thoroughgoing audit of the impact of the constitution
and re-assert the importance of civil society in its broad sense, including governance NGOs,
professional groups, grassroots organisations and the media as the fulcrum of
debate on governance. It would revive the bipartisan movement for reform that
delivered the constitution five years ago, irrespective of political
affiliations of its various proponents.
The absence
of the civil society’s voice in recent years has left a vacuum in activism not just
nationally, where its leaders felt intimidated, but also at the grassroots, because
local campaigners, and indeed the population as a whole, rely on the intellectual
leadership of national activists. The vacuum saw corruption soar especially in
the counties. Lacking the skill to press governors to account, concerned
Kenyans turned to social media, but they only attack snippets of scandals rather
than the whole undermining of people’s will that is underway.
Imagine
how people in such previously marginalised counties like Turkana and Narok must
feel, seeing their own leaders loot the developmental resources they were
starved of for decades. This absence of organised civil society is turning voters
into stepping stones for politicians. They are condemned to putting people in power and totally
being unable to influence their conduct between elections.
The conference
would reverse this disempowerment of the people by reviving a coalition for
reform at national and local levels. National civil society leaders would use
it to form a coalition with other actors that can propagate good ideas and
champion informed discussion on issues, unlike the polarised fights between
Jubilee and Cord that now dominate the political space. From the 1990s, when
the Kenya Human Rights Commission organised other groups into coalitions dedicated
to releasing political prisoners, fighting for the constitution and pressing
for opposition unity, Kenyans have seen that civil society works best in coalition
with other actors.
In
addition to the government and civil society itself, a revived activism would
benefit the media, which despite its recent efforts towards more reliable
reporting still takes flak for its meekness. We must recognise how dependent
media is on sources and convincing analysis that only an effervescent civil
society can provide.

The
writer is a political researcher based in Nairobi. Email otj.paul@gmail.com
- See more at: http://www.the-star.co.ke/news/civil-society-must-be-revived-and-heeded#sthash.6C692kSb.dpuf

This week marks the fifth anniversary of our new constitution, whose transformative power continues to shake the body
politic. Even though the constitution is no longer the subject of media debate,
it is the source of the progress we have witnessed over the last five years. Its
best fruit is devolution, which has opened up previously marginalised regions
for development. But the escalation of old crises such as corruption and insecurity is
also linked to lackadaisical implementation of the constitution’s provisions.
There are
many reasons for the lethargic realisation of the constitution’s full impact. The
Bill of Rights, for example, requires massive resources to implement. But the Jubilee
government has also worked hard to subvert key constitutional principles, such
as dispersal of state power. The controversial Security Laws shifted
administrative power in the police service from the police commission to the
Inspector General of Police. The National Land Commission has been undermined through pitiable
funding, even as the Lands ministry viciously clawed back functions
constitutionally assigned to the NLC. Protections for the media and
citizens' rights to information held by the state are yet to be implemented.
Oddly,
these inimical developments have created problems that even government can no
longer ignore. Corruption, land grabbing and insecurity are worse than at
any other time in our history. President Uhuru Kenyatta himself has sounded alarmed by many
ills and welcomed policy solutions from critics.
On this fifth anniversary of
the constitution, the civil society, which has been at loggerheads with
Jubilee, should take the challenge and engage the government on key challenges,
among them poverty, unemployment, insecurity and corruption. This engagement
should start with a major conference to audit the implementation of the
constitution and take stock of the programmes designed to address these crises.
This
proposal for a national conference doesn't ignore the difficult
relationship between the two sides. The civil society doesn’t trust the government
to engage honestly but it must give it the benefit of doubt. The fact that
Kenya has remained stable despite grave underlying problems should persuade
civil society to engage public officials who would like to improve governance
but lack the adroitness required. The government too would benefit immensely
from informed dialogue. Merely meeting civil society would boost its
credibility by showing it can listen to voices other than its own.
The
conference would entail a thoroughgoing audit of the impact of the constitution
and re-assert the importance of civil society in its broad sense, including governance NGOs,
professional groups, grassroots organisations and the media as the fulcrum of
debate on governance. It would revive the bipartisan movement for reform that
delivered the constitution five years ago, irrespective of political
affiliations of its various proponents.
The absence
of the civil society’s voice in recent years has left a vacuum in activism not just
nationally, where its leaders felt intimidated, but also at the grassroots, because
local campaigners, and indeed the population as a whole, rely on the intellectual
leadership of national activists. The vacuum saw corruption soar especially in
the counties. Lacking the skill to press governors to account, concerned
Kenyans turned to social media, but they only attack snippets of scandals rather
than the whole undermining of people’s will that is underway.
Imagine
how people in such previously marginalised counties like Turkana and Narok must
feel, seeing their own leaders loot the developmental resources they were
starved of for decades. This absence of organised civil society is turning voters
into stepping stones for politicians. They are condemned to putting people in power and totally
being unable to influence their conduct between elections.
The conference
would reverse this disempowerment of the people by reviving a coalition for
reform at national and local levels. National civil society leaders would use
it to form a coalition with other actors that can propagate good ideas and
champion informed discussion on issues, unlike the polarised fights between
Jubilee and Cord that now dominate the political space. From the 1990s, when
the Kenya Human Rights Commission organised other groups into coalitions dedicated
to releasing political prisoners, fighting for the constitution and pressing
for opposition unity, Kenyans have seen that civil society works best in coalition
with other actors.
In
addition to the government and civil society itself, a revived activism would
benefit the media, which despite its recent efforts towards more reliable
reporting still takes flak for its meekness. We must recognise how dependent
media is on sources and convincing analysis that only an effervescent civil
society can provide.

The
writer is a political researcher based in Nairobi. Email otj.paul@gmail.com

- See more at: http://www.the-star.co.ke/news/civil-society-must-be-revived-and-heeded#sthash.6C692kSb.dpuf

This week marks the fifth anniversary of our new constitution, whose transformative power continues to shake the body
politic. Even though the constitution is no longer the subject of media debate,
it is the source of the progress we have witnessed over the last five years. Its
best fruit is devolution, which has opened up previously marginalised regions
for development. But the escalation of old crises such as corruption and insecurity is
also linked to lackadaisical implementation of the constitution’s provisions.
There are
many reasons for the lethargic realisation of the constitution’s full impact. The
Bill of Rights, for example, requires massive resources to implement. But the Jubilee
government has also worked hard to subvert key constitutional principles, such
as dispersal of state power. The controversial Security Laws shifted
administrative power in the police service from the police commission to the
Inspector General of Police. The National Land Commission has been undermined through pitiable
funding, even as the Lands ministry viciously clawed back functions
constitutionally assigned to the NLC. Protections for the media and
citizens' rights to information held by the state are yet to be implemented.
Oddly,
these inimical developments have created problems that even government can no
longer ignore. Corruption, land grabbing and insecurity are worse than at
any other time in our history. President Uhuru Kenyatta himself has sounded alarmed by many
ills and welcomed policy solutions from critics.
On this fifth anniversary of
the constitution, the civil society, which has been at loggerheads with
Jubilee, should take the challenge and engage the government on key challenges,
among them poverty, unemployment, insecurity and corruption. This engagement
should start with a major conference to audit the implementation of the
constitution and take stock of the programmes designed to address these crises.
This
proposal for a national conference doesn't ignore the difficult
relationship between the two sides. The civil society doesn’t trust the government
to engage honestly but it must give it the benefit of doubt. The fact that
Kenya has remained stable despite grave underlying problems should persuade
civil society to engage public officials who would like to improve governance
but lack the adroitness required. The government too would benefit immensely
from informed dialogue. Merely meeting civil society would boost its
credibility by showing it can listen to voices other than its own.
The
conference would entail a thoroughgoing audit of the impact of the constitution
and re-assert the importance of civil society in its broad sense, including governance NGOs,
professional groups, grassroots organisations and the media as the fulcrum of
debate on governance. It would revive the bipartisan movement for reform that
delivered the constitution five years ago, irrespective of political
affiliations of its various proponents.
The absence
of the civil society’s voice in recent years has left a vacuum in activism not just
nationally, where its leaders felt intimidated, but also at the grassroots, because
local campaigners, and indeed the population as a whole, rely on the intellectual
leadership of national activists. The vacuum saw corruption soar especially in
the counties. Lacking the skill to press governors to account, concerned
Kenyans turned to social media, but they only attack snippets of scandals rather
than the whole undermining of people’s will that is underway.
Imagine
how people in such previously marginalised counties like Turkana and Narok must
feel, seeing their own leaders loot the developmental resources they were
starved of for decades. This absence of organised civil society is turning voters
into stepping stones for politicians. They are condemned to putting people in power and totally
being unable to influence their conduct between elections.
The conference
would reverse this disempowerment of the people by reviving a coalition for
reform at national and local levels. National civil society leaders would use
it to form a coalition with other actors that can propagate good ideas and
champion informed discussion on issues, unlike the polarised fights between
Jubilee and Cord that now dominate the political space. From the 1990s, when
the Kenya Human Rights Commission organised other groups into coalitions dedicated
to releasing political prisoners, fighting for the constitution and pressing
for opposition unity, Kenyans have seen that civil society works best in coalition
with other actors.
In
addition to the government and civil society itself, a revived activism would
benefit the media, which despite its recent efforts towards more reliable
reporting still takes flak for its meekness. We must recognise how dependent
media is on sources and convincing analysis that only an effervescent civil
society can provide.

The
writer is a political researcher based in Nairobi. Email otj.paul@gmail.com

- See more at: http://www.the-star.co.ke/news/civil-society-must-be-revived-and-heeded#sthash.6C692kSb.dpuf

President Uhuru Kenyatta increasingly likely to drop William Ruto come 2017

By Prof Makau Mutua

Jubilee’s Uhuru Kenyatta, Kenya’s CEO, has never been more confident. You can tell by the bravado and braggadocio with which he’s swatting political opponents. He’s treating the Opposition with contempt — like a bunch of flies. His diction — whenever he speaks — is authoritative.
There’s a firmness in his voice that’s reminiscent of his famous dad, the Burning Spear himself. Methinks I know why. The scion of Jomo is bestriding Kenya like a colossus. He has one thing on his mind, and one thing only — a second term come 2017. That’s why he’s getting his ducks in a row.
My crystal ball tells me that Kamwana’s most significant casualty will be the irrepressible — but lately easily irritable — URP boss William Ruto. First, Mr Ruto has premonition. That’s because most astute politicians can sense dark clouds even before they gather. That’s why Mr Ruto recently accused his political detractors in the Rift Valley of “digging a grave” for him. He warned — ominously — that the grave diggers might be the ones entombed in it.
Like the late Paul Ngei — one of the famous Kapenguria Six — Mr Ruto believes he has nine lives. Like a cat. But when a political maestro like Mr Ruto openly panics in public, then you know the gods aren’t happy with him. They say never let your enemies see you sweat. Which begs the question — is the kitchen getting too hot for the son of Cheruiyot? Mr Kenyatta doesn’t need a numero dos who lacks confidence. Deputies, even in America, don’t win elections for the boss. American Vice President Joe Biden is Exhibit A.
But sidekicks can cost the top dog an election. The job description of a perfect running mate is to make sure the cup is full, and not leaky. Mr Kenyatta yoked himself to Mr Ruto, the junior partner, to corral the last election. Never mind whether it was by hook or crook. But what use is Mr Ruto to Mr Kenyatta if he’s causing the Jubilee boat to take on water? That’s why I think Mr Kenyatta will throw his chief assistant overboard. He doesn’t need a spotter with poor eyesight.
Second, Mr Ruto was only useful to Mr Kenyatta as the Kalenjin kingpin. But alas, Mr Ruto’s reign atop the Kalenjin Nation has become wobbly. KANU has roared back from the dead to eat his lunch. So has Bomet Governor Isaac Ruto. Beware of former allies turned foes. And get this — Governor Ruto isn’t some quisling. He’s a bona fide kingmaker. If I was William, I would be foolish to go mano-a-mano with Isaac.
Governor Ruto is a brawler who’s not afraid to mix it up — he can sucker punch with the best of them. That’s why he’s hogtied his namesake and reduced him into a crybaby. Mr Kenyatta will jettison Mr Ruto because he can’t herd the Kalenjin. Third, President Barack Obama’s visit proved to Mr Kenyatta that he doesn’t need Mr Ruto. Mr Kenyatta kept Mr Ruto largely closeted, although he did let him out on several occasions to meet K’Ogelo’s most famous scion.
The International Criminal Court’s Sword of Damocles still hangs over Mr Ruto’s head. Mr Kenyatta escaped the ICC’s guillotine last year. This is why Mr Obama could now come to Kenya. But Mr Ruto’s ICC woes make him a liability — a diplomatic embarrassment — to Mr Kenyatta. Going to the ballot in 2017 with Mr Ruto is akin to taking a malaria-ravaged patient to the battlefield. It would be foolhardy for Mr Kenyatta to go to war with a lame duck. Fourth, Mr Kenyatta’s running mate in 2017 will be the presumptive favourite to catapult to State House in 2022 should he snag a second term. This is the gazillion dollar question — who wants Mr Ruto to succeed Mr Kenyatta in 2022?
I could hear a pin drop once I asked the question. The truthful answer, though painful for Mr Ruto, is that he’s damaged goods. Nobody will back him in 2022 even if he and Mr Kenyatta are re-elected. But it won’t come to that because he won’t run with Mr Kenyatta in 2017. Except for a few URP diehards, no serious political cartels want to see Mr Ruto in State House.
That’s why Mr Kenyatta will drop Mr Ruto. Fifth, and finally, Mr Ruto has served his purpose for Mr Kenyatta. He can now be discarded. It’s like the law of gravity — whatever goes up must come down. Politics is a utilitarian game, not a sport of sentimentality. The coalition of Mr Kenyatta and Mr Ruto is limping to the finish line — 2017 — and they both know it. Don’t be fooled by public expressions of fidelity to each other. It’s over — gone and done with. It’s time for divorce — coming soon.

Sunday, August 23, 2015 Crisis meetings after ICC ruling rattles Ruto party

By WALTER MENYA
More by this Author

Deputy President William Ruto is received by his lawyer Karim Khan in The Hague in this file picture. FILE PHOTO |  DPPS

Senior members of the Jubilee administration and a number of Deputy President William Ruto’s advisers have held multiple crisis meetings in response to the massive blow dealt to his case at the International Criminal Court (ICC) that would allow evidence from witnesses who refused to testify or recanted their evidence altogether.

At least three meetings have been held since Wednesday night in the backdrop of the sobering reality interpreted by lawyers that the case had taken a sharp turn for the worse and that it would take longer to break free from the stranglehold of The Hague court. 

After the judges released their decision, more than 40 Jubilee MPs called a press conference on Thursday where they criticised the court and vowed to stand by the Deputy President.

“Having thrown out the case against President Uhuru Kenyatta, the strengthening of the case against Mr Ruto, through a favourable ruling for the prosecution side, is seen as a calculated move to weaken the coalition,” said Meru Senator Kiraitu Murungi.

But beyond the public display of confidence, the Sunday Nation has learnt that Mr Ruto has summoned his advisers to behind-the-scenes strategy meetings to craft a legal and political plan to fight back what they consider an “unfair decision”.   

Interviews with those in the loop revealed that it is out of one of the meetings held at Mr Ruto’s Karen residence in Nairobi that the Thursday press conference, headed by Leader of the Majority in the National Assembly Aden Duale, was held.

LOBBY ASP

A leading figure in Mr Ruto’s camp told the Sunday Nation in confidence that the purpose of the meetings is to “appropriately respond to the court’s decision in a way that preserves the country’s sovereignty”.

He hinted that some of the meetings have been held at Mr Ruto’s offices in Harambee House Annex, his Karen residence and other private locations in and outside Nairobi.

A senior TNA lawmaker from central Kenya said they are keen to help “remove the yoke of ICC from the DP’s neck lest we are accused of abandoning him at his time of need.”

“You gauge the value of your friends at your time of need. You will, therefore, see more deliberate efforts to slay the ICC dragon,” the MP, who did not wish to be named, said.

He indicated that among the options was for Kenya to lobby the Assembly of State Parties (ASP) of ICC to intervene. ASP President Sidiki Kaba held talks with President Uhuru Kenyatta on cooperation at State House a week before the ruling was made. Mr Kaba did not meet the deputy president and there were no indications that the case was discussed.

The latest meetings bringing together TNA and URP politicians were unlike secret meetings held by Mr Ruto’s allies after charges against President Uhuru Kenyatta at the ICC were withdrawn last year following concerns that the government would remove its foot from the diplomatic pedal and leave the Deputy President exposed.

After the press conference, the next phase is said to be getting experts to punch holes into the ruling in the media. However, politicians will continue labelling the court as pursuing a political agenda, while diplomatic pressure through the African Union is also expected to start afresh.

In case the defence decides to seek an appeal, which appears more likely, the downside is that it will prolong the case beyond 2016 and further interfere with political activities of Mr Ruto ahead of the 2017 General Election.

In addition, an appeal will put on hold any plans the defence had to request the court to declare that the accused persons have no case to answer. An unsuccessful appeal could also point to a similar ruling in the no-case-to-answer motion.

From a legal standpoint, public international law expert Mokaya Orina says that as much as the decision remains controversial, it could be a setback for the defence who will not be getting an opportunity to test the evidence through cross-examination.

“The admission of the evidence at this point is that it has some sign of reliability. The evidence can also be used by the Chamber to fill in the gaps that may have been there,” said Mr Mokaya.

In that case, he said, it will be unlikely for a no-case-to-answer call to succeed unless the court discovers some inconsistencies in the statements that would prevent them from validating a criminal conviction.

'POORLY INVESTIGATED'

Mr Ruto’s lead defence counsel Karim Khan has led the chorus of condemnation of the decision that came out on Wednesday. 

“The Rule 68 decision creates new law on the application of a new, controversial and previously unused rule,” Mr Khan told the Sunday Nation.

He added: “Regardless of the decision on Rule 68, the essential characteristics of the case remain largely the same, as far as I am concerned. This is a case that has been poorly investigated and wrongly focused from the start. I remain confident that the Trial Chamber will be more than able to assess the veracity or otherwise of the case against William Ruto at the appropriate time.”

The majority decision of Trial Chamber V (A) on Wednesday allowed ICC Prosecutor Fatou Bensouda’s request to use evidence witnesses had given to the prosecution before disowning.

“The Chamber considers that the admission of the prior recorded testimony of [Redacted] pursuant to Rule 68(2)(d) of the Rules is in the interest of justice. Further, the Chamber notes the element of systematicity of the interference of several witnesses in this case which gives rise to the impression of an attempt to methodically target witnesses of this case in order to hamper the proceedings. The Chamber will not allow such hindrance and will safeguard the integrity of the proceedings,” judges Olga Carbuccia and Robert Fremr stated in the majority decision.

Presiding judge Chile Eboe-Osuji gave a separate, partly concurring opinion “to the effect that the out-of-court statements of [redacted] — should be accepted and considered for the truth of their contents.” His major point of divergence, however, was on the application of Rule 68.

Large portions of the evidence that was admitted, Sunday Nation understands, go to the heart of the case of a planned rather than spontaneous violence in 2007/2008.

In her request, Ms Bensouda had argued that the witnesses’ behaviour had “deprived (her) of a significant portion of the incriminating evidence that it intended to present to Trial Chamber V(A) (“Chamber”) in support of its charges.”

The decision, therefore, is seen as a win for Ms Bensouda. According to the executive director of International Centre for Policy and Conflict Ndung’u Wainaina, the decision affirms ICC’s position that no amount of interference in the administration of justice can deter truth seeking.

“The decision is a clear demonstration of the court’s determination to put an end to impunity for the perpetrators of the most serious crimes and contribute to the prevention of such crimes,” he said.

Even with the drawbacks, Mr Mokaya said, an appeal by Mr Ruto is a likely option. “What I foresee is that the defence may want to get a final determination on the matter from the Appeals Chamber,” said the expert.

Mr Khan is, however, playing his cards close to his chest regarding whether or not he will appeal.

“Whether we seek leave to appeal or not will be revealed to the Trial Chamber (and not) before any other party,” he said. In any case, he said the Trial Chamber “repeatedly stated … that oft repeated allegations of interference by William Ruto and/or the defence generally, remain unproven.”

The allegations of interfering with witnesses, he added, remain vigorously contested by the defence as “absolutely false.”

Despite the bravado of the defence lawyer, there is palpable panic about Mr Ruto’s future place in the country’s politics. According to political scientist Dr Joshua Kivuva, the decision means that he will have no choice but to stick with President Kenyatta in 2017.

“Ruto knows very well that being a deputy president still gives him some power,” he said.

Mr Ruto could also use the decision to play to the emotions of his Rift Valley backyard, a section of which has been drifting from his grasp.

The only challenge is that as long as the case remains, he will continue playing a peripheral role in the country’s foreign relations. His trial was a point of speculation when US President Barack Obama visited Kenya last month

Saturday, August 22, 2015 State uneasy as Supreme Court rules on 50pc teachers’ pay rise

By OUMA WANZALA
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Teachers celebrate at the Court of Appeal on July 23, after the court ordered TSC to implement the salary awarded by Labour Court. FILE PHOTO |  NATION MEDIA GROUP

Fears abound that the salary increase for 288,060 teachers and pension demands for civil servants could lead to an economic shutdown.

The Supreme Court is expected to deliver judgement tomorrow on the 50-60 per cent salary increase that was awarded to teachers by the Labour Court in June.

It was subsequently upheld by the Court of Appeal in favour of teachers and now awaits a Supreme Court ruling.

A Cabinet memorandum on the disputes between the teachers and the government, seen by Sunday Nation, indicates that the government will require about Sh1.7 trillion to pay for the pension and the increased wage bill for the public service.

The objective of the memorandum, which is addressed to Head of Public Service Joseph Kinyua, is to appraise the Cabinet on the issues of retired teachers and salary increase for current teachers and want the Cabinet to take note of the developments.

It states that the current pension liability stands at more than Sh900 billion and could go further while the increase of salaries could increase the wage bill from Sh568 billion to Sh721 billion if implemented, and which accounts for about 52 per cent of the revenue collections.

The Teachers Service Commission (TSC) has indicated that it will require Sh17 billion each year to effect basic salary, which translates to Sh73 billion for the four years and backdated to 2013, which they argue is unsustainable.

MUST BE READY

On Monday, Supreme Court judges Willy Mutunga, Kalpana Rawal, Jackton Ojwang, Mohamed Ibrahim and Smokin Wanjala will make a decision after TSC moved to the court to contest a Court of Appeal decision.

However, the teachers unions insists that the government must be ready to pay them irrespective of the court decision, failing which they will boycott work next month.

TSC requires about Sh34.9 billion as pension arrears and Sh14.7 billion for teachers who retired in 2003 following a court ruling in Nakuru.

The Commission is also facing the legal fee for retired teachers’ lawyers for both the High Court and the Court of Appeal, which amount to Sh800 million and which has been billed to TSC.

The Attorney-General has filed an appeal contesting the award and which is set to be heard from September 29.

The case on the contempt of court against the TSC secretary is still pending in court.

“The ministry is concerned that the judgments, which are unimplementable as ordered by the courts, are likely to disrupt learning in schools in third term, which start from September,” states the memo.

It further raises concern over demand for harmonisation of salaries for the rest of the public service even though the current basic salaries of teachers and civil servants have been harmonised.

The memorandum warns that any adjustment of the teachers’ pay will impact on the pay for civil servants and will have additional cost implication.

Knut Secretary-General Wilson Sossion said teachers have run out of patience and washed their hands and are ready for the strike in September.

Parents told kissing children is ‘sexual’ New claims from America claim kids get 'confused' with kisses on the lips

PARENTS have been warned that kissing their kids on the lips is “too sexual”.
American doctor Charlotte Reznick claims that as the mouth is an erogenous zone, it should be a no-go zone for children.
She warns parents that a “kiss on the lips can be stimulating” — and potentially confusing.
She said: “If mommy kisses daddy on the mouth and vice versa, what does that mean, when I, a little girl or boy, kiss my parents on the mouth?”
Her claims have riled mums, with one user of website Cafemom scoffing, “’Experts’ also once said bicycles caused lesbianism.”
The jury is out on whether there is any truth in Reznick’s claims.
One person who definitely disagrees is clinical psychologist Sally-Anne McCormack.
She said: “There’s absolutely no way that kissing a young child on the lips is confusing for them in any way.
“That’s like saying breastfeeding is confusing.
“Some people might have issues with it, but it isn’t any more sexual than giving a baby a back rub.”
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ICC Appeals Chamber reverses decision on Kenya’s cooperation and remands issue to Trial Chamber for new determination

Press Release : 19/08/2015

 ICC-CPI-20150819-PR1139

ICC Judge Silvia Fernández de Gurmendi, Presiding Judge, during the delivery of the Appeals Chamber judgment regarding the Kenyan Government’s alleged non-compliance, at the seat of the Court in The Hague, Netherlands, on 19 August 2015 ©ICC-CPI

Situation: Republic of Kenya
Case: The Prosecutor v. Uhuru Muigai Kenyatta

Today, 19 August 2015, the Appeals Chamber of the International Criminal Court (ICC) reversed Trial Chamber V(B)'s decision regarding the Kenyan Government's alleged non-compliance with its obligations under the Rome Statute in the case The Prosecutor v. Uhuru Muigai Kenyatta, due to errors in the Trial Chamber's assessment. The Appeals Chamber hence remanded this decision to the Trial Chamber V(B) to determine, in light of relevant factors, whether Kenya has failed to comply with a cooperation request that has prevented the Court from exercising its functions and powers and, if so, to make an assessment of whether it is appropriate to refer Kenya's non-compliance to the Assembly of States Parties (ASP).

On 29 November 2013, the Prosecution had filed an application for a finding of non-cooperation against the Kenyan Government, alleging that the Government had failed to comply with a request to produce records relating to Mr Kenyatta. On 3 December 2014, Trial Chamber V(B) rejected the application for referral of the matter to the ASP. The Prosecutor appealed this decision on 20 March 2015. 

Today, Judge Silvia Fernández de Gurmendi, Presiding Judge in this appeal, delivered a summary of the judgment in an open court session. She indicated that the Appeals Chamber considered that Trial Chamber V(B) erred by failing to address whether judicial measures had been exhausted to obtain the Kenyan Government's cooperation, as well as by assessing in an inconsistent manner the sufficiency of evidence and the Prosecutor's conduct. The Appeals Chamber found that these errors prevented the Trial Chamber from making a conclusive determination on the existence of a failure to comply with a cooperation request by the Court and affected the Trial Chamber's decision not to refer the matter of Kenya's non-compliance to the ASP. The Appeal Chamber hence reversed the Trial Chamber's decision and remanded it for the Trial Chamber for a new determination.

The Appeals Chamber emphasized that in determining whether there was a failure from a State to cooperate, the Trial Chamber should take into account all relevant factors, including the evidence that was required in the cooperation request and the conduct of the parties to the proceedings. The Trial Chamber should determine whether judicial measures to obtain the cooperation had been exhausted and consultations had reached a deadlock. In addition, Trial Chamber V(B) should have avoided conflating the status of the criminal proceedings against Mr Kenyatta with the issues relating to the Kenyan Government's cooperation.  

Background: In accordance with the Rome Statute, the Court's founding treaty, all States Parties are obliged to cooperate fully with the ICC in its investigations and prosecutions. Where a State Party fails to comply with a request to cooperate with the Court, thereby preventing the Court from exercising its functions and powers, ICC Judges can make a finding of a failure to comply with a request for cooperation by a State, which prevents the Court from exercising its powers and functions under the Statute and decide to refer the matter to the ASP, or the United Nations Security Council if the latter had referred the situation to the Court, to seek external assistance to obtain cooperation with the request at issue or to otherwise address the lack of cooperation by the requested State. The ASP and the Council may then decide to take the measures they deem appropriate.

Mr Kenyatta was charged, as an indirect co-perpetrator, with five counts of crimes against humanity allegedly committed during the post-election violence in Kenya in 2007-2008. Charges were confirmed on 23 January 2012, and the case was committed to trial before Trial Chamber V(B). On 13 March 2015, Trial Chamber V(B) decided to terminate the proceedings in this case and to vacate the summons to appear against him, noting the Prosecution's withdrawal of charges against Mr Kenyatta. The Chamber also stressed that, although the proceedings shall be terminated, the Court retains jurisdiction over any interference with a witness or with the collection of evidence, and that the protective measures ordered for witnesses and/or victims shall continue, subject to the review by the ICC.

Further information on this case is available here.
Judgment on the Prosecutor's appeal against Trial Chamber V(B)'s "Decision on Prosecution's application for a finding of non-compliance under Article 87(7) of the Statute"
Pictures:
Photographs of the hearing can be downloaded on the Court's Flickr account at:  https://flic.kr/s/aHskdKyWRD
Audio-visual materials:
YouTube (for viewing): https://www.youtube.com/watch?v=kzvY56ZrCPc
Audio (for download, mpeg3 format): https://www.dropbox.com/s/0l3is2124rrlo2z/150819_appeals_chamber_judgement_kenya_2.mp3?oref=e
Video (for download, mpeg4): https://www.dropbox.com/s/5jaj341ds8dv0xf/150819_appeals_chamber_judgement_kenya_2.mp4?oref=e

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For further information, please contact Fadi El Abdallah, Spokesperson and Head of Public Affairs Unit, International Criminal Court, by telephone at: +31 (0)70 515-9152 or +31 (0)6 46448938 or by e-mail at: fadi.el-abdallah@icc-cpi.int.
You can also follow the Court's activities on YouTube and Twitter
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Saturday, August 15, 2015 Ruling on Kenya appeal at Hague court to clarify sanctions for states

By WALTER MENYA
More by this Author

International Criminal Court chief prosecutor Fatou Bensouda. FILE PHOTO |   NATION MEDIA GROUP

The ICC judgement this week on Kenya’s alleged non-co-operation will be significant in clarifying the possible sanctions that may await States Parties that default on their obligations to the court.

ICC Appeals Chamber will deliver its judgment on Wednesday at 10am in an appeal by Prosecutor Fatou Bensouda.

She wants it declared that Kenya failed to cooperate and that it sabotaged investigations.

“The significance of the ruling lies is that it may clarify when a State Party fails to co-operate with the court. The Rome Statute generally talks about referring a non-co-operative State Party to the Assembly of State Parties but it is silent, or even vague on the possible sanctions,” human rights lawyer Njonjo Mue said.

The Assembly of State Parties is the political arm of the International Criminal Court. It is composed of countries that are members to the Rome Statute.

NEW GROUND

Should Ms Bensouda’s appeal be upheld, Mr Mue said the court will be breaking new legal ground where the judges sanction a non-co-operative State Party by referring it to other members in a political environment.

“If the prosecutor’s appeal fails it will embolden State Parties that they can sabotage investigations and nothing will be done to them,” he added.

According to lawyer Evans Monari who represented former Commissioner of Police Hussein Ali at the court, it is going to be a landmark judgement that will guide the relationship between the State Parties and the ICC.

“If the prosecution’s position is upheld by the Appeals Chamber, the ASP can escalate the matter to the UN Security Council,” he said.

Ms Bensouda submitted that the government’s reluctance to fully co-operate with the court led to the termination of Uhuru Kenyatta’s case. He had been charged with crimes against humanity in the 2007/08 post-election violence.

NO IMPACT

Ms Bensouda accused the government of failing to give her details of President Kenyatta’s assets.

In addition, the Africa Centre for Open Governance (Africog), in an amicus curiae submission, had stated that the government failed to let the ICC prosecutor obtain statements from senior police officers who were in the areas most hit by the violence.

Furthermore, Africog boss Gladwell Otieno had argued that the government had declined to freeze President Kenyatta’s assets as had been requested by the ICC.

The judgment will however have no impact on President Kenyatta’s case that has been withdrawn. But it will be relied upon in the ongoing and future cases at the ICC, including the charges against Deputy President William Ruto. 

The ruling will come just a week after Assembly of State Parties President Sidiki Kaba met President Kenyatta in Nairobi. President Kaba later met African Union officials in Addis Ababa.

“He is trying to reach out to African countries as he had promised at his election in 2014,” said Mr Mue.

Meanwhile, the ruling on whether or not the ICC will allow Ms Bensouda to make use of the prior recorded statements of witnesses who either recanted or withdrew from testifying is still awaited.

Mr Ruto’s lawyer Karim Khan and the legal representative for the victims in the case, Wilfred Nderitu, have both said the ruling was expected any time from the second week of August.

Canadian company's plans to build giant lift that is 20km high – and takes astronauts straight into the stratosphere

A Canadian company has designed a 20km-high tower that would carry astronauts up into space in a giant lift.

The plans for a “space elevator” have been approved by the US patent office, which granted Ontario-based Thoth Technology the rights to a “pneumatically pressurised structure for location on a planetary surface”.
The tower would be more than 20 times the height of the 830m-tall Burj Khalifa, current tallest building in the world located in Dubai.
Thoth Technology said the freestanding structure would provide a new way to access space that required 30 per cent less fuel than a ground-launched conventional rocket. It said the tower would provide secondary functions including wind-energy generation, communications and tourism.
Canadian space company Thoth Technology said the 20km tower would make flying to outer space like 'taking a passenger jet' (Thoth) “Astronauts would ascend to 20 km by electrical elevator,” said Dr Brendan Quine, its inventor. “From the top of the tower, space planes will launch in a single stage to orbit, returning to the top of the tower for refueling and reflight.”
Though ascending 20km wouldn’t strictly take the lift’s passengers directly into outer space – considered to start around 100km up – it would be beyond the so-called 19km “Armstrong Limit”, the point where atmospheric pressure is so low that water within the human body starts to boil.

The other challenge the tower raises would be how to overcome the effects of wind. Thoth has proposed the use of inflatable sections and flywheels to provide what is described in the patent application as “active stabilisation using a harmonic control strategy”.
Thoth President and CEO, Caroline Roberts, said the tower, coupled with self-landing rocket technologies being developed by others, would herald a new era of space transportation.
She said: “Landing on a barge at sea level is a great demonstration, but landing at 12 miles above sea level will make space flight more like taking a passenger jet.”
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No matter how far you urinate, the last drop always falls at your feet

Among the Ibos of Nigeria there is a saying from some wise cola nut eaters, I just don’t know how they manage to chew that bitter thing- Well our sugar too has turned bitter. As I was saying, a wise man once said: ‘No matter how far you urinate, the last drop always falls at your feet.
Today the cane cutter has decided not to delve into matters sugar. The amount of words bandied around about the commodity by even people who don’t know what sugarcane is can make you sick in the stomach. The cane cutter has chosen instead to write about the morals we can learn from the debate and many more going into 2017.
Ever since the Jubilee Government came to power, they have tried to urinate far from themselves and put blame on others, but each time the last drop keeps falling on their feet. The latest being the sugar deal, but again is it there or not?  The president is saying this while the Cs for foreign affairs Ambassador Amina Mohamed is saying the other. Nothing puzzles God; cane cutting is also a venture.
From the day they ascended to power the Jubilee government has more often than not behaved as if they are the opposition, nay activists as Martha Karua puts it, blaming everything and anything that goes bad in the country and even within their on coalition on the opposition which by the way owes no one any apology even if they make fools of themselves like it was reported during Obama’s visit.
If there is any government that has placed the country on an election mode since day one of being sworn in, it is the Jubilee government. Despite his own promise, and he has had many and  broken many too, President Uhuru  Kenyatta and his Dp William Ruto have carried themselves around as if they are the opposition campaigning at every turn.

See Also: Make public Kenya-Uganda trade agreements for transparency and accountability

From day one we have been treated to theatrics and antics that pass as development tours and agendas. When they are not allergic to criticism, and throwing tantrums all over, they are on constant combative mode save for the times of disasters which seem to have built its nest in Kenya even since Jubilee came to power.
The dynamic  duo as our media calls them are constantly out  to prove a point, reminding us  at every turn, the latest being last week for the umpteenth time, that they are in power and all others like the cane cutter here are just  a bunch of idiots and fake magicians. That may only explain one thing: Uhuru Kenyatta  and Willima Ruto may after all be  having no confidence of the government they run, if not why have so many State House tea sessions with the same group of MPS in the name of convincing them about government projects? Still why struggle to prove to us every so often who the real Sheriff in town is 3 years down the line?
From Caren, to Lamu land saga, the insecurity at the coast and northern Kenya, the KQ mega loss, the Auditor General Ksh 67 billion report, Jubilee has tried to shake off the last bit of the urine right onto the feet of whistle blowers and the Opposition but themselves and now the Kenya-Uganda sugar deal. However, the flipside of it is that each time they try to shake off the urine from themselves; the last bit of it has always dropped on their own feet, sending them into fits of rage, just hear  how they are shouting back as concerns the sugar deal with Uganda.
It started with the clearing of the land’s registry, by the time the exercise was over, not only was it reported that all the missing files dating back to the 70s were recovered, the title deed processing  we were told, was like a touch of the button, the cane cutter is still waiting for his 5 years on.  Perhaps the most poignant announcement have  to come from Arthi House from  that excises was that President Uhuru Kenyatta, despite his own admission during the presidential debate, after all, owned no land! But just when they thought the urine had landed far from them, the Langata primary school and Caren land sagas popped up; currently Cs Ngilu is facing some charges in court related to issues of land.
Mpketoni happened and very fast, the President told the world it was the work of the opposition until an investigation revealed that indeed Al-shabab carried the attack, but of more significance was the revelation that the very police officer(s) who was tasked with investigating the activities of the terror group in the area before the attack was the supplier of the weapons. Just before the Garissa University attack the President at a forum told off especially the United Kingdom for giving a  warning of impending attacks in the same area in that month of April or thereabout. A day later, the same president was sending helicopters to airlift the bodies of the 147 students murdered by Al-shabab in their dormitories.
The gaffes and goofs have been many for this government: Apart from having too many spokespersons saying different things for the same Government, we have had all other manner of absurdities. Remember the Grand Prix selfies of the president while Kenyans were being slaughtered in Mandera to the mysterious mid air turn of the President’s Aeroplane En-route to USA. From the hustlers’ jet to the premature statehouse condolence message to the families of the ‘police officers’ purportedly  killed during an ambush by Al-Shabab, only for it to emerge otherwise.
Forget the highly publicized Kibera cleaning and world class NYS documentaries, forget the RGS or the Lamu Port project; forget the Transformation hash tags and all those terms and terminologies coined by the Jubilee mandarins, the 2017 General elections will be fought, won or lost on the foothill of the war against graft, insecurity, and largely broken promises.

For now rest assured the class 1 tablets, desktop computers or laptops- would come around the 2016/2017 to be used for campaigns, the standard Gauge Railways would reach Nairobi around that time too, but the real deal is how the Jubilee handles insecurity, corruption and the economy that would eventually matter when finally all the chips are down. Ask Emilio Kibaki. The old man was almost run out of town by the Orange wave despite giving Kenyan children free primary education. When he was hurriedly sworn in as president at dusk, he could not read the words scribbled on the paper properly mumbling something to the effect ‘Mungu unisadies kufanaya kazi yangu wa uhalifu…..’ (God help me to do my work of crime)
The 1992-2002 elections were found on the platform of reforms and the general feeling of suffocation by the masses under the weight of one party rule. Perhaps the most fiercely fought electoral battles that will forever go down in the history of Kenya, is 2007 General elections. Fought on the platform of betrayal of the Rainbow dream of one united prosperous Kenya, before the Arturs landed with their own beasts, trust (mistrust) between Raila Odinga’s liberal Democratic Party (LDP) and Mwai Kibaki’s NAK which formed NARC, 2007changed forever the way Kenyans lived with each other. From Yote yawezekana bila Moi (All thing are possible without Moi), one the most optimistic country in the world in 2003 to the most traumatized souls in 2017/2018, the effect of which we are still feeling to date.
Any children born after that year ought to be taught that Kenya almost became a ‘once-upon-a-time-country storyline; that of a country which almost went to limbo. Sadly my simple cane cutter mind tells me our grand children will not know about it, they will continue reading about some characters as Christopher Colombo, the first and second world wars in far lands as Hiroshima and Nagasaki,  for that is what our curriculum teaches.
2017 elections will not be about who was the chief witch or idiot. It will about who was in power when Kenya airways lost Ksh 26 billion, who was running he government when innocent Kenyans died in the hands of terrorists while the head of state was taking selfies and his deputy and the Leader of majority of the ruling coalition were were busy throwing jesters at the opposition and those opposed to their ideology.
2010, terror attacks in Kenya have momentum led to the death and maiming of hundreds of citizens and security officers. The biggest spike came in 2012 where 90 died in 75 attacks. In 2013, 43 attacks happened claimed the lives of 157 and last year 2014, 62 attacks killed 290. For some people just like anything else, they have moved or forgotten, but the victims and their relatives have scars, and verily they would remember this in 2017.
Those still who have the passion and still love this country in their hearts are alarmingly getting few each passing day, will ask, ‘under whose watch were our children tear gassed for standing up against known land grabbers?’ it is then that the can cutter will get back his voice to ask, about who opened the flood gates of sugar that finally sunk our own factories when actually we knew who owned Brookside. Who was the president and deputy president went innocent children from northern Kenya failed to be taught and eventually lost out terrible in the national examination? (just wait for the 2015 result when it will be out, if at all they will sit for it)

See Also: Detach education, security from politics

Napoleon once said that the world suffers a lot not because of the violence to bad people, but because of the silence of good people. The Jubilee supporters and operatives have perfected the art of seeing the tribe and not the crimes perpetuated by the associates of the Jubilee regime, bad decision made by the Jubilee Government or the lack of tangible actions by the government of the day to stem the vices afflicting the common man especially when that common man is a can cutter.
Hell, you will agree with me that the state has done very little the sugar farmers as much it has been to the coffee farmers; the fact and figures are out there to vindicate my point.  I have heard some say, they don’t care where the sugar the take comes from, that so long as it is cheap and can be readily found in the shelves they would buy. That is the far our ignorance of socio-econopolitical ramifications of some of the decisions made on ‘our’ behalf by the government has taken some of us in spite of the expanded education system. For now the cane cutter can only hope that the same line of thought would apply when we were tell Ethiopia to export coffee to Kenya and Uganda to add Matoke to the sugar list they are set to sell to Kenya.
William Arthur said: ‘Opportunities are like sunrises, if you wait too long you can miss them. The Jubilee regime is fast loosing theirs even before the sun rises what with high octane PR. Unless they change the angle and level of standing while  trying to urinate the bad things from within, the last drop of that urine will always fall at their feet, if it  intened to land at the feet of the masses and and it will be a smelly one come 2017. For now the cane cutter can live with the label of being a fake magician or idiot; Cane cutting I tell you has many titles.
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