The Jackal News Story About Salim Lone Writing A “Devastating” Book About Raila Is False

The Jackal News is carrying a story on its website claiming that former Raila communications director and political advisor is publishing a book which is will “devastate the Kenyan political landscape, particularly Odinga’s presidential campaign” that the Jackal News further claims has been “dampened by Miguna Miguna’s flesh-tearing tome, Peeling Back the Mask: A Quest for Justice in Kenya.”

First of all one must laugh at the idea of anyone characterizing Miguna’s book as a “flesh-tearing tome” unless one is referring to Miguna’s flesh as the book has been nothing but the undoing of Miguna and nobody else.

Be that as it may be, there is no doubt the Jackal News story about Salim is yet another attempt by Raila’s opponents to portray him as losing support, since these opponents are having such a rough time finding ways to undermine Raila in the political arena.

Sources close  to Salim, and indeed many others I immediately contacted about this startling story, say that the Jackal News got everything wrong about the forthcoming book.

The facts about the book are widely known, not just among political insiders but by the reading public.

The Sunday Nation in July of this year carried a prominent two page spread in its early pages highlighting the essential points about the book.

That story indicated that the book will come out after the election, and laid out themes the book will cover.

From the highlights, it is so clear that the book is NOT an expose and neither does the book go after Raila or for that matter his opponents; rather, it’s a very serious book which will provide an authoritative history of the decade between the 2002 and 2013 elections, representing objectively the views of all parties and political figures.

Salim, the veteran journalist and well-known and respected figure around the world would, indeed, gravely disappoint were he to pen anything other than a serious book we all can learn a few things from and certainly doubly so were he to pen anything like the so-called Miguna memoir.

Indeed, if Salim’s  intention was to discredit Raila or anyone else, wouldn’t he have the book published before the elections? Isn’t inflicting maximum damage what Miguna had in mind in rushing to publish his attack “tome” which has completely flopped as predicted?

Even the most junior journalist or blogger could easily have done some simple homework and got the facts right about Salim’s book, including Chatham House website that Jackal News quotes!

When Salim spoke at Chatham House, he highlighted the publication date as being after the election, and he clearly stated the nature of the book and issues issues the book will cover.

In that speech, which is summarized on the summarized  in the Chatham House website, it is clearly stated that this will be a book about how progressive change has or has not occurred in Kenya and what might be the best way to ultimately achieve it, despite immense obstacles that stand in the way.

Rather than the naysayers and Raila haters and non-supporters salivating for a “killer” book from anyone, including Salim, we all should anticipate Salim’s book with equal fervor but for the good reason that the veteran journalist and senior advisor to Raila has drawn from his experience and composed a book we can learn from and reshape our thinking and the way forward.

When we do that, namely, looking forward to books that build, not destroy or attempt to, we would have elevated ourselves to greater heights of political maturity.

Let’s hope so and wish good luck to Salim with this worthy endeavor.

 

Uhuru’s TNA Having The Largest Number of Listed Members Is Nothing To Brag About

The Daily Nation has posted some interesting numbers based on data it says were obtained from IEBC, which shows that Uhuru’s TNA has the largest number of registered members at 153,352, followed by Ruto’s 108,124, Raila’s ODM at # 3 with 83,526, Mudavadi’s UTF with 83,348 and when I saw a party called Mwangaza has 81,368 at #5, my antena went up.

For what it’s worth, this story was brought up by a Raila supporter with ties in the former Central who came across as fired up and ready to go to bat for Raila than quite frankly many whose task is to be fired up and ready to bat for Raila but are not for one reason or another; not yet, anyway.

Be that as it may be, when I read the story, I posted the following comment, which the DN published:

Not that it’s irrelevant, it’s not the party with the largest number of registered voters that matters but which party has the largest number of voters across the country that does.

TNA having 153,000 members all from the former Central, ditto for Martha Karua having 64,644 from same place or Ruto having 108,124 all from Uasin Gishu and so on is really not something to write home about.

However, it’s disturbing and one more good reason why we need a limitation of political parties to less than five because by these statistics, the top 10 parties by registration of members have less than 30% of the total number of members of the various registered political parties, which means we have hundreds of parties registered but for what?

Let’s hope the new Parliament and President addresses this issue for we certainly don’t need that many parties, not even close to that number.

I have since posted a response to someone commenting on my comment:

@maobe, Yes I am aware of the constitutional requirements. That only means at Kshs 1000 each (Moi’s # adjusted for inflation), anyone who has lined up their pockets from the public till can easily buy 24,000 votes.

So, it doesn’t mean that a party has nationwide appeal or following merely because it has the required minimum number of registered members in each county.

All I am saying is you have to look beyond these numbers to know the real story; are they all from the expected strong-holds or are they from across the nation such as ODM’s members are and none of the other parties have such a cross-nation registration; at least not in comparative strength and how many of those registered members are genuine and don’t tell me they are simply because they are accepted by IEBC for we know there are documented cases of double registration and illegal registration of people who have not consented to such registration.

That being said, what we all should watch out for is actual registration of new voters and ensuring the integrity of the register roll.

A party that is serious about winning elections must make sure as many of its supporters and target constituencies are registered as possible and actually show up to vote.

Failure to tend to this simple age old staple of democracies shall be a sure way for a party to lose elections.

In sum, there is nothing nothing here to get excited about these numbers unless you know or have all the data to determine the composition of those numbers but I am sure the data will confirm what I am saying here and that is all these parties except for ODM have their party rolls completely filled with members from their strong-holds many of whom are double registered or illegally registered.

Besides, what is there exciting about a party having less than 6% of the total number of all registered members of the various types, yet that’s exactly what the TNA numbers represent?

 

The Kenyan Living In London Claiming He Is Wary of Raila Is Being Disingenuous As To His Real Motives

In an article appearing in the Standard yesterday titled “Why I Am Wary of Raila,” its author, one Peter Ngilu attempts to offer reasons that flatly fail on any level of analysis in making the case this Peter was trying to make.

As any objective reader will conclude after analyzing this piece of political hack job by someone I have no doubt is a TNA/URP/UDF fan—and there is nothing wrong with that except the hacking, there is nothing, in fact, to be wary about Raila or his presidency.

Rather, we have in Raila a president in waiting all Kenyans except the naysayers will be happy and proud to have at the helm.

Here we go:

Peter says, “Our Prime Minister is a very likable person, a very respectable and of course extremely excellent nationalist with a very workaholic persona. He is a reformist who has fought tooth and nail for our constitution and we do appreciate that from the bottom of our hearts as a nation.”

Right on.

This is at the core of who Raila is; had Peter left it right there, he would have made the case he actually believes as does everyone one else, which is, Raila is the best qualified among those vying precisely because of this and more.

He says Raila has “also fought for human rights, equal opportunities and freedom of speech and has been imprisoned for that cause. We know that the Prime Minister may soon be our president if we go by current opinion polls.”

Again, right on.

Indeed, combined, what Peter has said here is at the core of who Raila is; had he left it there, he would have made the case he actually must believe as does everyone and that is, Raila is the best qualified among those vying for the presidency precisely because of what this Peter has said and more.

But he did not leave it there; he instead chose to pursue a line of thinking and argument or “raising concerns” as he calls it that fail in making whatever case he was trying to make when subjected to scrutiny.

Never mind he prefaces his attack with these accolades and even shows his “respect” by noting, “However, with all my respects to my honorable respectable Prime Minister,” because his is nothing but an attack piece that I address to him in rebuttal as follows.

1. Inconsistency

You say, “The Prime Minister is very inconsistent. Today he will say this and that, only to refute it the following day and say that he never said it. He will say he was misquoted.”

There is no one among those vying for the presidency that has been more consistent in what he or she does than Raila.

Instead of making this sweeping allegation without any factual foundation, you would have been better off–and this is, in fact, required in making any convincing case–to cite specific examples where Raila has been inconsistent, shown why that’s relevant or important in the context of his overall leadership ability and, more importantly, you would have had to compare and contrast that with all others seriously vying for the presidency and then make the case why anyone should be more wary of Raila than all the others on this account, namely, inconsistency.

You did not therefore this assertion must be dismissed as nothing but an effort to merely say things for the sake of attacking Raila.

You say, “Previously, [Raila] has denied many press reports that he said in public.”

First of all, which politician doesn’t do this rightly or wrongly and, secondly, and as noted above, by not citing any example, you again leave us with the impression you are merely saying or repeating things you have heard or read without more.

Had you cited any example, we could then analyze that example or examples to determine whether (a) the thing was said and (b) whether the denial is accurate.

If it turned out that (a) the thing was said and (b) the denial was not accurate or intellectually dishonest, then to complete the analysis, we would have to compare and contrast with the other presidential contenders to determine whether (a) they have said something they later denied having said and (b) if they have and the denial is not accurate or intellectually dishonest, then your point will be pointless to the extent it doesn’t raise anything new to distinguish one politician from another in as far as leadership ability is concerned, which is, in fact the case, namely, a politician saying something and later denying it is not a good measure of their leadership ability, taken in isolation.

You say, “This has made him earn the title of ‘Kigeugeu’ which means that he keeps changing like a chameleon.”

Here, you are simply payukaring or simply don’t know much about Kenyan politics.

Raila has never earned the title “Kigeugeu” and neither has he been referred to as such even by his enemies because he’s not and thus the reason I say you’re payukaring.

You say, “This has also made him lose many friends, honourable members and support and earn a lot of foe in the political arena.”

Because it’s false that Raila is or has been a Kigeugeu, it follows therefore that he has not lost any friends or support on account that he is a “Kigeugeu” he is not.

You say, “A leader must be calm, resilient, credible and patient.”

True.

You say, “And just as US Democrat president Obama said of his Republican opponent Mitt Romney, Raila seems to shoot first and then aim later.”

Again, examples can help your case or whatever point you’re trying to make; when has Raila shot first and aimed later? How important was that and more importantly, how does that compare to others vying for the presidency to make you more wary of Raila on this account than the rest?

You say, “We all know of Kibaki’s out-of-hands rule, he will be the last to comment in any situation however critical it is. While this is not a requirement for any national leader, it outlines how strong and resilient he is in taking his time to respond to issues of national interest.”

You are collapsing so many issues into one let me unbundle them for you:

First, you are comparing apples to oranges.

Kibaki is serving his last term in office while Raila is trying to succeed him, which means by definition Raila must and has to say more than Kibaki does or should.

Second, while I would agree with you there are times Raila has said things he shouldn’t or in a way should not, those are rare and taking everything into consideration, they take nothing away from his overall strong leadership abilities and certainly not when compared to those vying for the presidency.

Third, Kibaki’s silence when shouting from the top of the mountains was appropriate has not been good for the country.

For example, earlier this year when Uhuru and Ruto went around the country in the so-called “prayer rallies” which were anything but, Kibaki sat quietly as these two sowed seeds of discord and it took the intervention of the ICC warning the two they risked being arrested if they did not stop the reckless conduct and thankfully they heeded the warning and stopped the nonsense.

That silence by Kibaki was telling and there are others I can cite but need not as you get the point trying to put forth Kibaki’s ubiquitous silence as virtue and occasional Raila misspeak as a vice doesn’t wash factually and analytically speaking.

You say, “In any national issue, Raila is the first to comment and Kibaki is the last to conclude.”

I’ll rather have a leader who thinks on his feet than one who must be told what to say; in other words, the issue is not that Raila comments on every national issue—he must as a leader but it’s what he says that matter.

When I say there are things Raila probably shouldn’t comment about I am not talking about “national issues” which, again, he should and must comment lest he becomes like Kibaki whose silence is often mistakenly read to be he doesn’t care—true in some cases but not in all cases.

You say, “This makes the difference of a national leader; that he must go slow and hold his piece and think carefully what he is going to speak before he opens his mouth.”

No argument there but only to point out Raila does, in most cases, do just that.

He certainly does just that in all cases that are of national importance or significance.

2. Association with criminal outlawed groups

You say, “The Prime Minister has been seen campaigning with the leader of the outlawed criminal group Mungiki and these scenes only remind us of how grizzly the criminal sect murdered innocent civilians.”

I have previously said I intend to pen a comprehensive blog addressing the question of Maina Njenga and his support for Raila and specifically to address the question of religious conversion and what that means in the context of seeking forgiveness and redemption.

Put differently, the question to be asked and answered is can someone like Njenga see light and put his past behind him and become an agent of positive change in the country and my preliminary answer is yes and this was even before I recently met and briefly chatted with Njenga, and especially in light of something he told me that I would note in the blog and that has to do with unity of the country.
You say, “Mungiki murdered hundreds of people in cold blood especially in Central Kenya. By associating with this sect, the Prime Minister is simply telling us that he is so desperate for votes that he does not care which group he associates with, however bloody it is.”

You are mixing things that are actually separate.

While it’s true that Mungiki murdered hundreds of people in cold blood especially in the former Central province, it doesn’t follow that Raila is associating with the sect.

There is no Mungiki sect in the country anymore so Raila cannot associate with something that doesn’t exist.

What he does not realize is that he is simply reminding us of the horrible accounts of how our relatives were murdered by Mungiki.

Would Raila seek the votes of the former members of this defunct sect, most of who were and actually are nothing but hungry and poverty stricken youth and not the murderers some as were some in the sect, Yes!

Is seeking votes from the defunct sect a sign of desperation?

Heck No!

These are Kenyans who more than anyone other than fellow impoverished youth need a leader in the country who can finally address their plight and there is no one better suited for that than Raila among all those vying for the presidency!

You say, “Additionally media reports tell us that Raila has also sought dialogue with another outlawed group: Mombasa Republican Council (MRC). MRC is a group that advocates for secession. This is a criminal outfit that has no place in our country at all; for Kenya is one country in, peace, love and unity.”

You clearly have no understanding or knowledge about what you are talking about here; in other words, you’re payukaring again.

First, MRC is not an “outlawed” group, so get your facts straight.

Second, while some in MRC are still advocating for secession in violation of a court order that lifted the organization’s ban, shunning them or responding to their calls with force is not the solution.

Third, and needless to say, MRC is not a “criminal outfit” as you falsely claim.

Because MRC is none of these things, and because it’s far more easy to divide than unite, there is nothing wrong for Raila to reach out to MRC and try and have their issues addressed in lieu of the alternative of doing nothing and allowing a controllable situation get even worse.

Indeed, it’s a sign of strong leadership ability when a leader like Raila takes on and tackles difficult issues such as those raised by MRC instead of ducking as all other presidential candidates.

You say, “Any leader associating with such groups does not love our country at all.”

Your premise is false therefore your conclusion is equally false and please educate yourself before you start saying things like Raila doesn’t love our country; what are you also a rabid follower of the birthers and haters of President Obama in the US who have been screaming to hoarseness that Obama hates America but are miserable because nobody but their kind believes or buys the nonsense?

You can attack Raila all you wish but leave some room between nonsense and the attacks and to even suggest that Raila doesn’t love the country is not only nonsensical, it’s laughable.

3. Coup involvement

You say, “It is no secret that the Prime Minister himself once confessed, with his own mouth, that he was involved in 1982 coup in which hundreds of people were murdered in an attempt to overturn the government.”

What’s your point?

You say, “Whether the government was bad or not is not our concern. And it is not an issue at the moment. But the coup itself was a treason act in the strictest sense of the word. Make no mistake; two wrongs never make a right. As the African proverb says, ‘a snake still has the venom, even if you remove its teeth.”

You are clearly desperate if you’re going back 30 years to bring up the 1982 attempted coup as something to attack Raila with; this is actually shameful and not worth even a rebuttal other than to say the reasons you have advanced as to why it makes you wary are nonsensical, misplaced and ill-informed so I won’t say much more than this about this.

4. Dictatorship

You say, “Former Agriculture Minister, Mr. Honourable William Ruto, the VP Mr. Kalonzo Musyoka, former Tourism Minister Mr. Balala and current Prime Minister Mr. Musalia Mudavadi, among others, have all complained of dictatorship inflicted in their midst by the Prime Minister Raila Odinga.”

You are here again demonstrating your lack of understanding of Kenyan politics and rather than spending time edifying you, let me just tell you this much:

Early on in the Kibaki Succession Game (KSG), which started soon after the coalition government was formed, it was decided that Ruto will be used as the vehicle to destroy Raila so he and the schemers decided it would fit their plans to try and depict Raila as a “dangerous” man who cannot be trusted.

Ruto then embarked on his mission of lies upon lies against Raila for months on end but to their surprise, Raila withstood all the lies and attacks so it was on to plan B.

Plan B was to try and depict Raila as a “dictator” who would take Kenya back to Moi and Kenyatta days—if you can believe that– because they know gullible Kenyans like you would fall for such nonsense and antics.

You then started hearing shameless mumblings about Raila’s “dictatorship” by the likes of Mudavadi that got louder and louder until Mudavadi left ODM on the false claim that the party was prone to Raila’s “dictatorship” when that’s obviously a lie for Mudavadi has gone on to do exactly what he falsely decried with Raila, namely, carrying himself as the presumptive presidential nominee of UDF.

The point is, Raila is no more a dictator than any of the presidential candidates and anyone who says or believes otherwise is either lying or is hopelessly in denial.

In fact, Raila is the more accommodating and far less dictatorial of all those vying for the presidency and more so the reason he should and will be reelected as our president.

You say, “They have all indicated that Raila rules with an iron hand and does not accept competition that is required in a democracy.”

This is first of all false and, more importantly, every single one of those saying so will do exactly what Raila does in maintaining party discipline and loyalty the only difference is, none of them can do so as effectively as Raila does.

Conversely, leadership is not for the weak and timid like Mudavadi who has demonstrated he is a very weak and indecisive politician.

You say, “Indeed, that is why some of these have left his party.”

False again.

Each one of the politician who has left ODM has left for reasons that have everything to do with seeing greener pastures elsewhere in as far as their personal gains politically are concerned than anything to do with democracy or Raila’s leadership of ODM.

Mudavadi, for example, is a certified Kibaki project to succeed him and if you think for a minute Mudavadi left ODM for anything other than this reason, then besides being gullible, you have a lot to learn about Kenyan politics.

You ask, “Is this what Raila calls democracy? Is this not dictatorship? Can all these people be wrong?”

The answers are irrelevant question, no, and yes, respectfully.

5. Extravagance

You say, “We are also told in the media of the extravagant nature of the PM’s trips abroad. The Prime Minister is known to spent [sic] nights in very expensive hotels in United States. One night of his trip in New York can pay for several of the striking teachers, doctors and lectures.”

You are here repeating a worn-out attack on Raila that has no basis in fact.

Raila, like all other world leaders, travels and stays in a manner and style you would expect any of those leaders to and certainly his travels are no more extravagant than any of the leaders undertake.

To argue that the travels are extravagant merely because the money could be used to pay striking teachers, doctors and lecturers goes to show you neither understand why Raila travels as much as he does and, more importantly, you certainly don’t understand or appreciate the benefits to the country from such travels that are far much more than merely paying the striking teachers, doctors and lecturers.

You ask, “Does this explain why the PM has never responded at all to the striking teachers? “

You are obviously ill-informed or are unaware of the many things the PM does daily to address and resolve all manner of problems in the country but let me at least assure you from publicly available information the PM intervened in the teachers’ strike and, as a result, a deal was reached ending the strike.

You say, “Let us all Kenyans use our votes wisely in the coming elections and elect leaders of credibility. The choice is yours. Use your vote wisely.”

Excellent message I join in making the same call.

 

Why Mudavadi and Uhuru Are Illegally Holding Office As Deputy Prime Ministers of the Republic of Kenya

Article 3(3) of the National Accord and Reconciliation Act 2008 (NARA) provides that “Each member of the coalition shall nominate one person from the elected members of the National Assembly to be appointed a Deputy Prime Minister.”

Under this article, Kibaki nominated Uhuru Kenyatta and Raila nominated Musalia Mudavadi to serve as Deputy Prime Minister.

While it’s clear as can be that each principal has the right under NARA to nominate one of the two DPMs, it’s also clear and for reasons that are now moot, neither principal can on his own remove either of the principals.

Suffice to say these reasons bring back bad memories about the events leading up to the signing of the coalition and how one side used its position to heavily tilt not only the coalition agreement in its favor but the ensuing power sharing.

Be that as it may be, Article 4(4) provides,

The office of the Prime Minister and the Deputy Prime Minister shall become vacant only if—

(a) the holder of the office dies, resigns or ceases to be a member of the National Assembly otherwise than by reason of the dissolution of Parliament;

(b) the National Assembly passes a resolution which is supported by a majority of all the members of the National Assembly, excluding the ex-officio members, and of which not less than seven days notice has been given, declaring that the National Assembly has no confidence in the Prime Minister or Deputy Prime Minister, as the case may be; or

(c) the coalition is dissolved.

There is no question ODM is the party with a majority of members in Parliament.

However, one must have just landed from Mars not to know that if ODM were to bring a motion of no confidence against Mudavadi as a means of having him removed as DPM, there is no guarantee that all of those ODM members and those allied to the party will vote in favor of the motion.

That’s our parliament and in case the one just landing in Kenya is confused or at least not clear as to why, it won’t be because those voting against the motion will do so on principle.

So, a motion of no confidence is out as a matter of practical reality to remove Mudavadi as DPM—and ditto for removing Uhuru.

This leaves death, resignation or ceasing to hold office as MP and dissolution of Parliament as the only other ways Mudavadi or Uhuru can cease to hold office as DPM.

The last we know both are still breathing so death is out as an option.

The coalition is intact, so, that, too, is out as an option.

The wise thing for Mudavadi or Uhuru could do if they believe in the rule of law is to resign but neither has proven to be this wise.

So, unless they both gain some additional wisdom and resign, resignation, too is out as an option, except by operation of law as I point out below.

Which leaves “ceasing to hold office as MP” as the only other way they can be found to be illegally holding office as DPM.

After weeks of whining that he was being denied his democratic right to seek the nomination to vie as president under ODM, Mudavadi defected from ODM to join UDF where he is carrying himself as the presumptive nominee no different than what he pretended to decry while at ODM.

To say Mudavadi is an hypocrite on this will be stating the obvious.

Having defected from ODM and joined UDF, Mudavadi is no longer legally a member of Parliament because Article 14(5) of the Political Parties Act provides as follows:

A person who, while being a member of a political party—

(a) forms another political party;

(b) joins in the formation of another political party;

(c) joins another political party;

(d) in any way or manner, publicly advocates for the formation of another political party; or

(e) promotes the ideology,  interests or  policies of another political  party;

shall, notwithstanding the provisions of subsection (1) or the provisions of any other written law, be deemed to have resigned from the previous political party. (Emphasis mine).

So, under the law, both Mudavadi and Uhuru ceased to be members of Parliament by virtue of their resignation under Article 14(5) because they both left the parties they were elected to Parliament and joined others they now seek the presidency to continue their love-fest with impunity.

Because they are no longer members of Parliament, neither Mudavadi nor Uhuru can legally hold the office of DPM because being an MP is a requirement for that office under Article 3(3) of NARA.

 

Open Letter to H.E. President Emilio Mwai Kibaki, C.G.H., M.P., President of the Republic of Kenya

VIA EMAIL

H.E. Emilio Mwai Kibaki, C.G.H, M.P,

President of the Republic of Kenya

State House

Nairobi, Kenya

Re: Open Letter About Use of Office for Personal Benefit

Dear Mr. President:

In a previous letter to you a few months ago, Your Excellency, I noted that you have served and continued to serve our country well, despite what happened during and after the disputed elections of 2007.

I also noted that you have done a good job in redeeming your legacy and that the only thing left to seal it, is for you to ensure peaceful handover of the presidency to your successor, preceded by a period of peaceful campaigning and elections.

While you have publicly not said much as to who you prefer as your successor as president, there is no doubt in anyone’s mind that you must have a preference and are poised to do whatever you can to have that person elected.

That’s all good and well for this is politics we are talking about and no one can condemn you for having a preference for your successor but you will remain rightly condemned and forever so if you illegally or inappropriately use your office to prop up or support your preferred candidate.

It is with this in mind, Your Excellency, I write to you because in recent times, you have either conducted yourself or have allowed your office to be used in such a blatant manner as to suggest you are ready to illegally or inappropriately use your office to do just that, namely, prop up or support your preferred successor.

This is not only unacceptable, it’ll tarnish your reputation besides not being successful as Kenyans are now more wiser than ever before and will reject any efforts by you or anyone to once again try and ram down their throats as president someone they don’t want.

You know all about this because you were with them when they rejected the Uhuru project in 2002 that saw you propelled to the State House as Moi’s successor.

This fact notwithstanding, it is now openly being said and not without plenty of anecdotal evidence that the MP for Sabatia, Wycliff Musalia Mudavadi is your own project to succeed you.

I refer to Hon. Mudavadi as the MP for Sabatia, not as the Deputy Prime Minister because Mr. Mudavadi does not have a legal basis to hold the position of Deputy Prime Minister, having left ODM, the party that sponsored him for the position.

You or Mudavadi can hide behind the technical hurdles one has to overcome to have Mudavadi removed as DPM but if you were to follow the letter and spirit of the law, you would have long ago asked Mudavadi for his letter of resignation.

Ditto for Uhuru Kenyatta serving as DPM—and that notwithstanding your part of the coalition sponsored him for the position.

You have not done so, namely, asked for the resignation of these two politicians because it’s not in your political interest to do so.

That’s putting country second to your political needs and is therefore no doubt un-statesmanlike.

It is now also being reported in the news, and Mudavadi and his team are bragging that you are showcasing the Sabatia MP in your upcoming trip to the United States.

More specifically, the Mudavadi camp has issued a press statement bragging that Mudavadi will “represent Kenya at crucial meetings and be a key speaker at high-profile events,” adding that “[one] of the key invitations is to accompany President Mwai Kibaki to argue Kenya’s investment needs case at the Renaissance Group meeting.”

If, indeed, this is true as is being reported, it is condemnable on the grounds stated above, and that is, it’s both wrong as a matter of law and inappropriate as a matter of good governance and policy.

Showcasing Mudavadi in this manner is wrong as a matter of law because there is no legal basis for Mudavadi to represent the country in any of these events absent a clear explanation as to the unavailability of those who must do so as a matter of protocol and these are, in the order of priority, the Prime Minister, the Vice President, the Minister for Foreign Affairs or even a minister holding relevant portfolio such as the Minister for Planning and National Development.

Showcasing Mudavadi in this manner is also wrong and inappropriate as a matter of good governance and public policy because, as president, you are required to be neutral in matters affecting your succession to the extent you are not allowed to use state resources to prop up or support your preferred candidate as that would be in clear violation of Chapter Six of the constitution and many other laws.

Again, and to be sure, you do have a right to prop up or support any candidate you so choose to succeed you as president but what you don’t have is the right to use the office you hold in trust of the people to advance such a goal—at least not as flagrantly and in your face as would be the case were you to showcase Mudavadi as it’s being suggested.

There is also no doubt when you recently had Mudavadi read your message of condolences at the late People’s Watchman Martin Shikuku’s funeral when the PM was also present at the event violated rules of protocol but that’s far less a violation as it would be if you export these antics to foreign lands, not the least the United States in this auspicious occasion of the opening of the General Assembly.

For these reasons, Your Excellency, those of us who stand firmly for the rule of law and zero tolerance for abuse or misuse of state office for personal or selfish political gain kindly urge you to resist the temptation to use your office to prop up or support anyone to succeed you.

Indeed, as earlier noted, Your Excellency, you’ll go far in further redeeming and solidifying your legacy if from this time on to the day you had over power to your successor you conduct yourself as a statesman and rise above politics to advance only that what is good for the country and no one can make a case that attempting to ram down our throats yet another project is a good thing for the country.

This is our prayer and may the grace of God be with you as you ponder these and other heavy issues you must deal with as our president.

Sincerely,

/s

Samuel N. Omwenga, Esq.

 

Congratulations to Namwamba, Ole Metito and Otuoma for Their Respective Appointments

Congratulations to Hon. Ababu Namwamba, Katoo Ole Metito and Paul Otuoma for their appointment as Ministers for Youth & Sports, Internal Security and Local Government, respectfully.

President Kibaki must be commended, too, for appointing a non-controversial or partisan hack to the all-important security docket.

Ditto for Raila in making sure MM is even more irrelevant politically speaking.

While no one can seriously think or argue that any of these ministers, except for Metito, will accomplish anything of substance before their terms expire in March, the appointments are clearly politically significant in that both principals are maximizing the power of incumbency to their political goals and objectives.

 

Ndhiwa By-Elections; A Win Win For Raila and ODM Regardless of Who Wins and That’s Good Everyone

Although all indications are that ODM candidate Augustino Oyugi Neto will be elected as MP for Ndhiwa beating his close rival KANU’s Tom Alila by a comfortable margin, let me reiterate what I stated at the conclusion of the ODM nomination process that Alila’s election would also be a good thing because both candidates have demonstrated they have the requisite leadership qualities to be effective representatives of this otherwise muted constituency.

The only downside with Alila’s victory would be what others may view as victory of clanism over substance but Alila can easily rise above this were he to be the one elected and chat a path toward nationalism by working with his party boss and others to make sure Raila is reelected but this time sworn as our fourth president.

Now, I have a great satire I initially wanted to pen about this to put in perspective pre-outcome what a Neto loss would mean or more precisely why it would have happened (in hindsight satirically speaking) but I have opted not to rather let me stick with that which I know is the more likely and that is, Neto’s victory come Monday.

We do not elect parties to parliament; we elect individuals who represent the party, it therefore doesn’t follow if a KANU candidate is elected in Ndiwa, he cannot work with Raila and ODM to bring about the transformational changes Raila and the party intend to bring for the benefit of all in the country.

Having said this, and given the PM has said he will not seek the presidency if Neto is not elected, I would urge all Ndhiwa residents and, indeed, everyone else to get used to saying or hearing the words Hon. Augustino Oyugi Neto for it’s as good as done if the master politician and palm reader of politics on the ground has all but said so in those words.

Good luck to all the candidates and may all the by-elections on Monday held in a manner as desirable as we anticipate in the upcoming general elections, namely, open, transparent and peaceful.

Update:

Since posting this blog, I have learned from an impeccable source Raila did not mean to say ““Ka ok umiya Neto kaka jaod bura maru to kata an ok abichung ekom maduong cha(If you do not give me Neto as your MP, then I will not vie for the top seat),” as reported by the Standard Online, rather, he meant to say if Ndhiwa does not elect Neto, he may as well not vie for the presidency which was merely another way of expressing his confidence Neto will win as opposed to making it an either or proposition as the Standard reporting suggests.

The same source tells me the PM recognizes Neto has challenges that may make it possible for the KANU candidate Alila to win, a prospect as I said which is not bad either because Alila is a formidable candidate in his own right and in the new political dispensation, we want and must commend and appreciate strong candidates who win on account of their leadership ability and not necessarily merely because they belong to one party or another or because they are supported by influential people.

In other words, individual character and leadership ability is what should matter the most when choosing our leaders and not tribalism or ethnicity or being “toshad” as has been the case in the past.

 

Response To More Rants and Raves From A Well Known Raila Hater and Basher

The following is a response to a well known Raila hater and basher in other Kenya forums but is migrated here for easy reference.

It is once again with great pleasure I take this opportunity to edify you as it’s my obligation to do so for all my fellow Kenyans in the deep with lack of knowledge when it comes to mambo siasa on the ground.

You say, “every ODM clown and moron on this forum has been telling us to practice for a Raila Presidency.” As the one who wisely thought about this wise counsel, let me first take the opportunity to correct your misguided notion that this wise counsel can ever possibly come from a clown or moron; no, my nephew. This wise counsel comes from those graying and full of wisdom such as yours truly so you had better stand up at attention and repeat the majestic words, complete with a salute for either you’ll be doing so in front of His Excellency President Raila Amolo Odinga after you get on your knees and he forgives you or you’ll be hearing it for a long time beginning March 4, 2013.

You say, “Kwani who between Uhuru and Captain Bandia has already assumed the presidency with phony opinion polls and violent outbursts to boot?” Two things here (1) Neither one of these has assumed the presidency yet but one can rightly assume Raila will be reelected but this time be sworn as our fourth president and (2) polls are only “phony” when not in favor of your preferred candidate; were the polls to show Uhuru is leading, you’ll have already bored us stiff reminding us that but we in ODM are humble albeit very pleased but don’t keep on bragging about the fact every poll taken thus far shows Raila is the man to beat and that he will be reelected as president if elections were to be elected today. With that, one can rightly assume that Raila will be our next president.

You ask, “Who is going around the country intimidatint [sic] folks who refuse to be bamboozled by captain bandia’s desperados?” I am unaware of any; can you tell us who? The only thing I know Uhuru and Ruto early this year tried to sow seeds of discord as documented in Uhuru and Ruto Are Sowing Seeds of Discord and Laying Ground for 2nd PEV Unless Stopped. Fortunately, the two were stopped from going down this reckless and dangerous road.

You say, “Here you have Uhuru Kenyatta being all inclusive and going out of his way to meet Luos and campaign in Luo land as a national leader and campaigning for TNA’s  candidate and you guys are convulsing and shaking in your boots because Uhuru dared suggest he will win the elections.” Speaking for myself, I am happy Uhuru is campaigning in Luoland and was given the warm welcome as he or any other candidate other than jokers seeking publicity should. I am certainly not convulsing or shaking because Uhuru suggested he could win. My view is, anyone who is qualified to vie for the presidency and thinks he or she has what it takes should do so and may the best candidate win. I just don’t see how UK wins and neither do most Kenyans, including yourself.

You say, “By the way I commend those Luo guys for their conduct during UK’s visit, they displayed maturity and I am very proud of them even if they may not vote for him in the end.” I am with you there ditto for you saying, “I have always known Luos are a great people” but I am not with you when you say, “except for the likes of Dr. Abonyo and Mau Rice Jasmine Oduor and Jalkani who give them a bad rap.” Just because you don’t like or disagree with these three does not mean it’s a bad rap for Luos anymore than is it a bad rap for Kisiis for them not to like or disagree with you. This projection of individual traits or deeds to a whole community is at the core of tribalism we must learn to avoid such. BTW, it’s Maurice Oduor; let’s at least be respectful in how we refer to people. I no longer call Wamalwa Eunice so kindly do the same thing.

BTW, as an aside and talking about Wamalwa, I was at an event not too long ago (Prezzo’s party at the Carnivore) and as I was walking to join my friends, I saw him seating there with them so rather than risking calling him Eunice or him landing one on my cheeks for having referred to him as such, I and my crew took seats in a different nearby area. One of my friends, however, insisted I must join them so I reluctantly did.

You say, “Hiyo upumbavu ya ODM where ya’ll believe you are entitled to things and the presidency or else there will be war muwache kabisa, ni upuzi.” Nobody in ODM that matters believes that we are entitled to anything other than what all Kenyans are entitled to and we certainly don’t believe that we are entitled to the presidency and most definitely do not believe there will be war unless our candidate is elected; there will not be such a war or even any hostility when the person elected is elected in an open and transparent elections. What we are saying is let no fool think they can grab power as was done in 2007.

That’s not upumbavu or upuzi but a stern warning and fact.

Upumbavu and upuzi is when you say, “The last I checked Raila Odinga had managed to relegate a once national party to a Luo Nyanza outfit.” Thanks to the superb leadership of Raila, ODM is the only party with nationwide appeal and certainly the only party with the most MPs in Parliament from all parts of the country and don’t even bring in the nonsense that Ruto and Co left; they are all officially ODM and actually will soon likely declare their complete reversal of course and rejoin and fight with Raila to defeat those who would rather eviscerate the constitution.

You say, “Luos are number Four in population in Kenya, so how does he then become president on what account when everybody else is running away from him?” This is reasoning along ukabila line and, as I am sure you know, yours truly does not believe in ukabila. As I have repeatedly said, Raila has a 47 County Campaign Strategy (47CCS) he is pursuing and will successfully do so and be reelected but sworn this time as our fourth president.

As for “everybody else running away from him” you obviously know that’s a false statement there is no need to say anything more than just stating the obvious that the departure of a few members for purely selfish and opportunistic reasons is no reflection of neither the party nor Raila.

That being said, you can begin to count from next month how many of those who left or have been seating on the fence will now firmly declare Raila tosha.

You say, “Through intimidation and violence? Let me guess, “Destroyer 5 and his catapult? Not even the violent outbursts you guys are so famous for will get him to State House, sahahu milele..you watch.” Others may be foolish, reckless and naive all combined to think they can get to State House by any means including force, Raila and ODM only know and are pursuing a campaign strategy for Raila to be peacefully reelected but this time sworn as our fourth president.

You say, “Uhuru Kenyatta has ten times the chances of becoming Kenya’s next president than your captain Bandia~ please believe it…” Uhuru himself will tell you without any hesitation that you’re in lala land on this and don’t even believe this yourself.

You say, “and you  know what, Uhuru Kenyatta just will be the next President of Kenya~ watch. Then what, mng’oe reli ama mchome Kisumu?” If Uhuru or anyone else other than Raila is elected in an open and transparent election, we will accept defeat and some of us have already committed to doing whatever we can to help him or her govern.

You say, “Wacha upuzi nyinyi, eti prepare for another round of 2007?” What all peace loving Kenyans are saying is let nobody be fooled to think they can grab power again in the country. We just won’t let them. That’s not upuzi but a fact.

You say, “Kwani nyinyi peke yenu ndio wanaume mnatisha waKenya hapa?” Stating that Kenyans will not again tolerate violence or flagrant stealing of elections has nothing to do with manliness for men and women will join hands in rejecting such a move and by all means as we should for the sake of the country we love and cannot allow to return to the dark days of PEV.

You say, “Wacha unyokonyoko yenu, jaribu and see what happens..upumbavu mtupu!”

This kind of language is wholly inappropriate and is not acceptable in an intellectual or at least mature discussion of issues.

I know you can do better.

 

Ganging Up Against Raila Is Devious, Ill-Advised and Undemocratic Part III; Memo To UK, HMK and Ruto

As mentioned before, I first met Hon. Martha Karua (HMK) in 2003 in connection with a case related to the 1998 bombing of the US Embassy in Nairobi.

HMK was the lead attorney representing the victims, I represented the lawyers in pursuing the case in the US.

In connection with that matter, I traveled to Nairobi and upon walking into her office, this unassuming lady with somewhat of a cautious smile welcomes me and tells me to sit iwhat I was surprised to be a rather small chair and very small office—compared to my own corner office on K Street back in Washington, DC.

HMK would shortly thereafter be appointed to the cabinet, however, I doubt she returned to work from that small office ever again but would not be surprised if she did for she is that humble of a woman despite the rap she gets, including the not too complimentary one that she was the only man in Kibaki’s cabinet.

I actually like HMK notwithstanding what she did or said during the PEV crisis and think she is presidential material as I have documented in my series on her, especially in Who Is Martha Karua Part IV where I offer an objective evaluation of her leadership ability.

That notwithstanding and for what it’s worth, during the crisis, I remember making several calls to HMK in the naïve belief I could at least express my views not necessarily as a partisan but as a fellow Kenyan and sincerely so but all my calls went unanswered and so were calls to a few other people I knew who were close to Kibaki, including one I wasn’t sure whether to laugh or cry when I was watching him with a big smile on his face as Kibaki was questionably being sworn as president.

To say that I was angry with HMK as anyone can be short of hating someone would be an understatement which only got worse as the days and weeks went by during the crisis when HMK really showed us the worst in her, even though she now claims she was merely zealously representing her client.

That may be a good explanation for her conduct in hindsight but any lawyer would tell you advocating for one’s client or zealously representing one also has its limits and I am sure even HMK would admit she went way too far past that limit.

Be that as it may be, however, HMK has sufficiently atoned to some, if anything by her disassociation with the Kibaki crew and that remains so regardless and notwithstanding the fact she did not do so expressly out of remorse for her role during the crisis but for other reasons of which that was of no consideration.

Whether HMK fully atones, especially to the eyes of those who were directly or more indirectly affected by PEV than the public at large, however, can only be known or become apparent to all, depending on what she does when things heat up for the next general elections.

I last saw HMK sometime earlier this year at Sankara where she was being interviewed by some TV station I now don’t recall which and even though we had a small chat and she promised to meet up and catch up on things politics in the course of my trip that time, that meeting did not materialize but I have a keen suspicion she is ducking because she’s afraid when all is said and done from such a meeting she’ll may be singing Awambo tu.

So, let me appeal to her via this public medium as I would if I were sitting across from her, and this is really the point of this series: a message to all these candidates I have had the pleasure to interact with in one way or another:

Dear Hon. Martha Karua:

Those of us who happen to know you beyond what is projected in the media know that you are first and foremost a very good mother and even though you have been described variously in connection with your political activities, you are actually a down to earth, humble lady who has been blessed with a sharp mind and decided to put it to good use, including in the political arena where women are supposed to be seen not heard and thus your being labeled as the only man in the Kibaki cabinet.

The label was actually intended to slight you because women are not supposed to be men and vice-versa but in my view it’s a complement.

Your feistiness, resolve and intellect are all assets much needed in Kenya among not only our current crop of women in leadership but all those to come and even our constitution anticipates as much.

As I have noted above, you’re clearly presidential material and if circumstances were different, you’ll be ideal to be elected as our first woman president this election circle.

Circumstances are, however, not conducive for your being elected president this time around; the next round, maybe, but not this time and I am sure or at least hope you’ll agree with the following reasons as to why:

First, notwithstanding your right or anyone else’s to vie for any public office as long as you are qualified to vie under the law, as a Kikuyu you and our other brothers and sisters from your community should find it in your hearts or simply by being fair to give us a break from yet another Kikuyu presidency.

When I or anyone else like minded who says this, it is not out of spite, dislike or hate of the Kikuyu community; far from it.

I love all Kenyans regardless of tribe and have nothing against any one community from assuming the highest office of the land but, given we have already had two presidents from your community in a period spanning almost 50 years, it’s only fair and just that other communities be given the opportunity to lead, if anything to validate the proposition the presidency is not a birthright to some but not others.

Second, as I have also noted above, you were clearly scarred with PEV and even though you have done quite a bit to distance yourself from that dark period, including your separation from the Kibaki administration, PEV is still fresh in a lot of people’s minds such that it’s simply unlikely they’ll be dashing to the polls to vote for you.

The wiser thing to do is to simply continue on your journey of recovery and redemption as I would call it such that in another few years, say by 2017, you’ll actually be in a better position to vie where PEV would clearly be far behind us albeit not forgotten and we would have had the break we really need from yet another Kikuyu presidency.

Part of that journey should be, in my view, working with someone like Raila and ODM to ensure their election and to be a part of that new government in a key role but one in which this time you’ll be poised to do things that unite and develop the country than as was the case in your last role in the Kibaki administration when the opposite was, in fact, what you’re so far associated with.

Third, and I state this as objectively as anyone objective can, Raila is actually the better qualified of all those vying for the presidency, including yourself and I strongly suspect all of you know or believe the same much as you may not wish to publicly admit.

Rather than ganging up or joining forces to deny Raila the presidency for no good reason other than the fact he is Raila, the wiser thing for politicians like you to do is to simply put on hold your rightful ambition to be president and try to get this man elected and let the country take a breather from this partisan politics and siasa ya kumalizana and for once focus on development issues.

Raila has said he would like to be president for one term if anything to ensure the constitution he so gallantly led in efforts to bring to life is fully implemented.

Five years is enough time not only to fully implement the constitution, it’s also enough time for each one of you vying for the presidency to really shine so that come 2017,  Kenyans can have the luxury of picking among those who have proven themselves as worth the honor while rejecting those otherwise.

I have no doubt you’ll be positioned to be a very strong contender for the presidency in 2017 upon working together with Raila and helping him get elected in 2013; in fact, I strongly believe that will be the case.

Indeed, if you support anyone else, unless you become their running mate, you can count two terms for that person, that’s 10 years, add another 10 for their running mate, if it’s not you and with that you can see the choice you’re faced with is to wait 20 years to have a serious crack at becoming our first female president, or work with Raila and wait for as little as 5 years to do the same thing.

The choice is very clear to many of us; let’s hope it’s equally as clear to you

These then are my thoughts HMK and I truly and sincerely hope you can give them serious consideration and make the right call as to my plea.

Thank you.

Dear Hon. Uhuru Kenyatta:

I hope you have read what I have said to HMK for much of it also applies to you, especially as it relates to being a Kikuyu and giving us a break from yet another Kikuyu presidency—at least this round.

You, however, have two additional issues that wiser counsel would dictate that you not seek the presidency at this time.

The first one is actually related to the “Kikuyus kindly give us a break” issue and that’s simply the fortunate or unfortunate fact that you are the son of our first president the late Mzee Jomo Kenyatta.

When you vied for the presidency in 2002, you were defeated primarily because people saw you as a Moi project and not because you’re Kenyatta’s son.

In other words, Kenyans had had enough of Moi it didn’t matter to them whether you were Kenyatta’s son or the son of some poor peasant in Gatundu; they just did not want the continuation and perpetuation of the Moi regime as he had shamelessly tried to shove you down our throats, even you surely would agree you were not ready for prime time.

That was in 2002.

In 2013, and I say this objectively and without any malice or ill-motive, being the son of our late president Jomo Kenyatta is an insurmountable road-block made worse only by the fact most Kenyans—including leading progressive Kikuyus are saying we need a break from yet another Kikuyu presidency.

This fact alone should make you pause, if not altogether abandon your quest for the presidency at least for now.

But there is more, and even more serious and decisive consideration and that is, the fact that you remain charged with serious crimes at the International Criminal Court (ICC).

Many of us have taken the position being charged alone is not and should not be a disqualification for you to vie for the presidency or any other public office.

As I noted earlier in this series, if we are to embrace the rule of law, we must embrace all of it, including the doctrine of innocent until proven guilty.

However, this does not mean you cannot in your own judgment reach the conclusion—and wisely so, if you ask many—to simply postpone your quest for the presidency until after you have cleared yourself with this serious charges, which you may as well as some of us have predicted in the past.

This will be wise because it would show and prove for all that you actually do have your country at heart and care for it than simply pushing forward with this quest notwithstanding the charges, which can only mean or be interpreted to mean you want to be the president no matter what the country be damned.

In other words, you’ll be flipping the middle finger to the whole country, including sadly PEV victims while at the same time saying you want to be their leader.

The two don’t go together; you either acknowledge you face very serious charges and try and clear your name or you proceed as if these are trumped up charges without any basis or that you don’t care about what happened in PEV.

Few will disagree doing the former is the way to go and not the latter.

It does not mean if you chose to postpone your quest for the presidency that therefore you cannot be relevant in Kenyan politics or that you cannot contribute in any way toward building a Kenya we want.

Notwithstanding the ICC process, there are any number of things you can do short of running for president that can actually boost your political profile such that if you are acquitted at trial, you can easily ride even on that fact alone to State House.

For example, you can join efforts to have your friend—and I say so with some confidence based on what I know that, despite what you have said about Raila in the past, you actually don’t see him as your enemy and neither does he.

In any case, even if you have been and even if you still consider yourselves enemies, it’s often said and rightly so that in politics there is no such a thing as permanent enemies, only permanent interests.

With that in mind, I don’t see anything that can prevent you from working with Raila and ODM to help elect someone you were at least one time good friends with and let him serve the nation for the one term he says he would and let you and those who make wise decisions in 2012 await your turn.

Finally, and to repeat what I have said to HMK, Raila is actually the better qualified of all those of you vying for the presidency and one would have to assume all of you privately or among your confidants admit as much but not publicly, of course.

Rather than ganging up or joining forces to deny him the presidency for no good reason other than the fact he is Raila, however, the wiser thing for politicians like you to do is to simply put on hold your rightful ambitions to be president and try to get this man elected and let the country take a breather from this partisan politics and siasa ya kumalizana and for once focus on development issues.

Your turn will come because Raila has said he would like to be president for one term only if anything to ensure the constitution he so gallantly led in efforts to bring to life is fully implemented.

Give him support and at least that much time and if he’s elected and goes about doing what he has promised, namely, ensuring full implementation of the constitution and starting or finishing many of the things he promised in 2007, you should focus on defending yourself at the ICC and spend the remaining time to the next general election really proving to the nation your leadership abilities and be prepared to duke it out with whoever thinks they can beat you in 2017.

That’s the level of politics we must elevate our politics to, namely, having candidates vying for office evaluated and voted according to their leadership ability rather than what tribe or class they belong.

Indeed, by simply putting your quest for the presidency on hold and throwing your support behind Raila, who is clearly the most qualified of all those vying for the presidency and has, in fact, earned the honor to be so elected, you’ll have in your own right set yourself apart as a leader worth bestowing the same honor someday.

These then are my thoughts Mr. DPM and I truly and sincerely hope you can give them serious consideration and make the right call as to my plea.

Thank you.

Dear Hon. William Ruto:

I would assume by now you know I have written enough about you on my blog to publish a small book.

This is because I find you to be a very smart politician yet one who has done things that simply puzzle the mind over time.

I do not wish to regurgitate what I have previously written about you but will make the following observation by way of a summary:

First, anyone would be mistaken to dismiss you as a political lightweight or wannabe; you’re not and you have every right to ambitious and to contest the presidency much like everyone else who believes they have what it takes.

I have continuously postulated that you must have decided at the inception of the coalition government that, if you were not going to be the PM you had hoped to become had Raila been sworn as president or if you were not going to become some powerful individual in Raila’s administration, then you had to find a short-cut way to become president or at least become more powerful than being one in a forest of 45 ministers.

Nobody can blame you for that from a strictly political strategy point of view.

In fact, it was a very smart move, except it failed.

Now, that quest having failed, you find yourself in a unique situation:

First, there is the ICC looming over your head and before I say much of what I hope to, let me say what I have said repeatedly and that is, even though you have been charged with serious crimes at the ICC, I do not believe based on my own legal analysis of your case that you will be convicted.

That’s not to say you won’t but there is a very good, in fact, highly likely that you’ll walk free from the ICC, if you mount the right defense and otherwise not jeopardize your case guaranteeing a conviction as you almost did earlier this year.

As I have also said in the case of Uhuru, neither you nor he should be barred from vying for the presidency or any other public office simply because you face these serious charges.

However, as I have also said in the case of Uhuru, you can and should remove yourself as a candidate on higher moral grounds than what the letter of the law says or provides.

Second, putting ICC aside, the only scenario by which you get to State House as president is if Uhuru were to agree to be your running mate and even then, it’s not an easy path, given a number of factors I need not get into because I am sure you know very well what they are.

Uhuru is the only person who can be your running mate and potentially produce a situation whereby you are elected and sworn as president.

There is no other person vying or not vying you can team up with you being at the top of the ticket and find yourselves in State House as president and deputy president; not one and, again, I am sure you fully know the reasons why no need to go into any detail here.

Given this bleak prospect for you to State House as president, the only other option you have to maximize your political capital and the best one, actually, is to throw your support behind someone who must win the presidency.

This can be at best as a running mate or simply good old fashioned political backing in resources and energy.

If you vie as running mate with someone who loses or if you support someone who does, you’ll be in political limbo for five years because the constitution says so.

For this reason alone, you should carefully consider who to align yourself with and anyone being sincere and objective will tell you that person is none other than Raila.

Yes, you have said some nasty things about him and even tried your best to bring him down but, all that’s now in the past; what matters now is the future and, as I have said to UK, there are no permanent enemies in politics; only permanent interests.

Raila has said he wants to be president only one term primarily to finish the journey to constitutionalism and establishing good governance he has been fighting for all these years.

Rather than ganging up against him to deny him the presidency for reasons that clearly have nothing to do with his leadership ability, why don’t you join forces with him, help him get reelected but this time sworn as president?

If and when Raila is so reelected and sworn as president, why won’t you continue working with him as you would have done to that victory and help him reach objectives you commonly shared with him back in 2007 and, in doing so, would you not be setting yourself up for an easier pathway to the presidency than you ever would?

An objective person would say so.

These then are my thoughts Mheshimiwa and I truly and sincerely hope you can give them serious consideration and make the right call as to my plea.

Thank you.

 

Hate Speech Mongers Are Now On Notice

Hate mongers are now on official notice their hate speech will no longer be tolerated.

For months, indeed, more than a year now, we have seen an escalation of hate speech especially on the Internet and credible sources tell me one of the hate speech mongers and tribalist received a visit from law enforcement in which he was vigorously interrogated. At the conclusion of the interview, the hate monger basically begged for mercy but the investigating agents left without promising anything either way.

The Daily Nation is now reporting that 8 bloggers are under investigation for possible prosecution for hate speech. I commend this move and so should all peace loving Kenyans.

Yes, it’s a good thing we are enjoying these new freedoms of expression and association but that’s not a license to engage in hate speech or defamation.

While some say the line between acceptable speech and hate speech is thin or blurry, I beg to differ.

One can see hate speech from a mile and so does the law.

Indeed, many, if not all, of the hate mongers know precisely where they are crossing the line but in their idiocy think they can with impunity.

Maybe so in their hateful minds but not under the law and especially given the fact we just cannot let these few hate mongers succeed in once again stoking tribal animosity and hatred that invariably leads to violence as we saw in 2007.

Yours truly is in the process of preparing a memo at no charge outlining how these issues are effectively handled in other countries and will share with law enforcement and others as appropriate.

Meanwhile, here is the DN story:

By Lucas Barasa, Daily Nation

Kenyans fanning hatred through short text messaging could be liable to a fine of up to Sh5 million, the government has warned.

The National Steering Committee on media monitoring said modern and appropriate technology is being put in place to pick up any abusive messages or those that inflame hatred and incitement.

“Those charged with the offence will be liable for prosecution and may be subject to extremely high fines, some as high as Sh5 million and above,” said acting director of communications in the Ministry of Information Omwa Ombara Wednesday.

 She said the committee is still holding consultations on the intended law to subject those who abuse SMS’s and internet to propagate hate speech with a view to reducing the cases.

Ms Ombara, who was accompanied by deputy police spokesman Charles Owino, Communications Commission of Kenya (CCK) corporate affairs manager Christopher Wambua and Film Services director Alex Kerich said eight bloggers were being investigated for hate speech and would be prosecuted soon.

“Ways are being sought to disable these destructive medium and Communications Commission of Kenya is looking closely into the matter.

“We are now working with the Department of Public Prosecutions as the area of prosecutions of violations of social media is still new,” Ms Ombara told journalists during the weekly briefing at Teleposta House in Nairobi.

The officials appealed to Kenyan bloggers to be alert and vigilant and “bring to our attention any hate speech they detect on the internet.”

“We urge you to forward the names of such blogs to the Ministry of Information and Communications for relevant action to be taken,” Ms Ombara said.

The committee expressed concern over the “potential and indeed growing misuse of the internet to propagate hate-filled and inciting messages”.

“The steering committee appeals to our media houses and indeed all practitioners to condemn these forums where extremists get occasion to spread this sinister agenda,” Ms Ombara who read a statement on behalf of the committee said.

Divide along tribal lines

The committee said as the electioneering period approaches, Kenyans should be vigilant of groups and individuals who seek to divide them along tribal and religious lines.

“The government will act to ensure that the internet is not used to provide room for such activity,” the statement said.

Mr Owino said the government will deploy enough security in Coast when voter registration starts following threats to disrupt the exercise.

He said police were ready for the March 4, 2013 elections despite recent skirmishes in parts of the country.

“We urge leaders to ask their supporters to be peaceful. We are also watching leaders issuing inflammatory remarks,” Mr Owino said.

Mr Owino said the planned police reforms is good and that the force is yearning for it

“It will end the situation where we are given a salary increment and yet it is not implemented,” Mr Owino said.

He said Police Commissioner Mathew Iteere is prepared for a smooth transition once an Inspector General of Police is appointed.