Friday, 11 October 2013
"The ICC is not putting Africa on trial. The ICC is fighting impunity and individuals who are accused of crimes."Koffi Annan
The article is drawn from Former UN boss,The chair of the Africa Progress Panel and Kenya 2007/08 Post Election Violence Mediator,Eminent Person Koffi Annan's speech and interview at One Young World summit in South Africa.
"I don't share the view that the ICC is anti-African," the 75-year-old Ghanian says firmly. "The ICC is not putting Africa on trial. The ICC is fighting impunity and individuals who are accused of crimes. We should also understand, and this point cannot be made strongly enough: of all the cases, four were referred to the ICC by African governments themselves. The two others, Libya and Darfur, were referred to the court by the security council."
He continues: "What is important is that African judicial systems are weak. The victims deserve justice and they want justice. When I travel around the continent, Africans want justice, preferably from their own governments if they can and, if not, from the international criminal court. The day when African courts become independent, strong and can handle these cases, I think we will see fewer referrals to the ICC.
"The question I cannot ask often enough is: who speaks for the victims? How do they get justice? Who's in their corner?"
These are burning questions in Kenya in particular, where those who suffered post-election violence more than five years ago are still waiting. But ICC trials of president Uhuru Kenyatta and his deputy William Ruto may become another victim of the last month's al-Shabaab killing spree in Nairobi's Westgate shopping mall. It was Kenya's worst terrorist attack for 15 years, but Annan says the response must come from far and wide.
"I think the al-Shabaab issue and the terrorism issue should not be seen as only a problem for Kenya. It is an international problem and governments and security forces have to share information and intelligence and work together to deprive the terrorists of the opportunities and constantly ensure that they are on the wrong foot.
And My say....
The AU members who are threatening to withdraw from Rome Statute must do so with interest of its people and not few leaders who are protecting their own interest.AU must stop convincing us that ICC has colonised us yet its the poor leadership in AU that has colonised us.We must get independence from poor governance and Aristocratic leadership.
In an effort of pretenseby AU to save us from neocolonialism of ICC,they must'nt make us feel like we are colonised within ourselves.The leaders must first agree to let their Judiciaries be and promote international democracy and Justice,thats when they should call some taxpayer funded meeting to discuss walking out of ICC.
Research also from http://www.theguardian.com/world/2013/oct/10/kofi-annan-interview-icc-african-justice
Friday, 4 October 2013
The Flame of Freedom-A Sneak preview of Prime Minister Raila Odinga's to be Released Autobiography
You read this and you realise he is one in a billion;My hero Raila Amolo Odinga.
As shackled as ever
As shackled as ever
He refers
to Raila Odinga: An Enigma in Kenyan Politics, a book by Nigerian author
Babafemi Badejo published seven years ago, and says that what was said
about his role in the coup in that book touched off what he considers
inordinate umbrage.
“The publication of a biography of
me in 2006, where the writer intimated a peripheral role for me in the
coup attempt, caused a vindictive outcry — indicating that freedom of
speech is, at the time I tell this, my story, as shackled as ever in our
country,” he writes.
He then narrates where he was and
what he was doing on August 1, 1982, the morning of the coup attempt.
He says he was at a friend’s house in Parklands from where he followed
the updates broadcast on KBC (then Voice of Kenya) radio.
On
August 11, he was picked up from Prof Oki Ooko Ombaka’s house in
Caledonia, Nairobi, by officers led there by his driver, whom they had
picked up at Mr Odinga’s house in Kileleshwa.
What
followed were days of physical and psychological torture at the hands of
the Special Branch in their offices on University Way, across the road
from Central Police Station, and later at Muthangari Police Station, GSU
and CID headquarters.
Mr Odinga recalls the torture
meted out by an officer of the Special Branch named Josiah Kipkurui Rono
and his team, who were determined to extract from him a confession of
what he knew about the coup attempt.
Mr Odinga refused to give in.
He
says his adamant position that he knew nothing about the coup attempt
enraged Mr Rono, who broke off the leg of a wooden table and slammed it
repeatedly on to Mr Odinga’s head and shoulders.
“The
blows to my head dazed me and I fell to the floor, and as I lay there,
Rono and the others jumped on my chest and my genitals.
Through
the blinding pain, I heard them cock their guns, then Rono’s voice: I
was either going to speak and tell the truth or I was dead meat. I
waited for the end… But it did not come,” he writes.
The
beating stopped and Mr Odinga was returned to the cells. For the next
few days, he describes agonising torture — including jail in cold
water-logged cells, at the hands of the Special Branch. He would attempt
to sleep by leaning on the wall but soon the chilling cold — his
sweater and shoes had been taken away — would awaken him.
“That is when I learned how long the night is,” he writes.
When
he was later moved to the GSU headquarters, Mr Odinga would learn that
he had been incarcerated with the dean of the faculty of Engineering at
the University of Nairobi, Prof Alfred Otieno, and with Mr Otieno
Mak’Onyango, then assistant managing editor of the Sunday Standard.
The
interrogations continued and, to demonstrate the gravity of the matter,
the then Commissioner of Police, Mr Ben Gethi, came in person to
question Mr Odinga.
The author says that Mr Gethi
appeared to have had too much to drink and was “disgustingly” chewing
away on a roasted goat leg. He ordered the prisoner to write all he knew
about the coup attempt.
Mr Odinga slowly wrote out a statement, drawn from a rumour he had heard implicating the then Attorney General, Charles Njonjo, in the coup attempt. An angry Mr Gethi, who was Mr Njonjo’s friend, tore up the statement and demanded another. When he realised that Mr Odinga’s story was not changing, he left.
Mr Odinga slowly wrote out a statement, drawn from a rumour he had heard implicating the then Attorney General, Charles Njonjo, in the coup attempt. An angry Mr Gethi, who was Mr Njonjo’s friend, tore up the statement and demanded another. When he realised that Mr Odinga’s story was not changing, he left.
In
the dramatic fashion that characterised the Moi regime, Mr Gethi was
sacked two days after that interrogation and was himself detained for 10
months.
Mr Odinga would write more statements in the
hands of different interrogators, until six weeks later, when the State
decided it was ready to proceed with the case against him and Prof
Otieno and Mr Mak’Onyango.
The charges were served to
their defence lawyers and the suspects were remanded in custody to await
their trial and subsequent fate.
“Remand was a rude
awakening,” writes Mr Odinga. The suspects were issued with uniforms
that were old and torn, especially between the legs, as part of a
psychological scheme to humiliate the suspects. Their diet consisted of
no more than half-cooked ugali and what Mr Odinga describes as
“vegetable water with a few limp leaves floating around”.
They
were not allowed to see anyone or talk among themselves and the
uniforms they wore had a big ‘C’ printed across the front, to indicate
that they were charged with capital offences punishable by death.
They
each stayed in solitary confinement in cells with hardly any sunlight
and were issued with one blanket to sleep on and another with which to
cover themselves. The lightbulb screwed into the ceiling high above
burned 24 hours day.
They would be escorted twice a day to the toilets and back, individually so that they saw and spoke to no one. The warders spied on each other to ensure that no one helped the prisoners to break the rules.
The three men spent two weeks on remand before they were allowed to have a shower. “The fact that we were on remand and, under the law, presumed innocent, mattered not at all,” Mr Odinga writes.
They would be escorted twice a day to the toilets and back, individually so that they saw and spoke to no one. The warders spied on each other to ensure that no one helped the prisoners to break the rules.
The three men spent two weeks on remand before they were allowed to have a shower. “The fact that we were on remand and, under the law, presumed innocent, mattered not at all,” Mr Odinga writes.
He captures the humdrum tedium of life in remand, which he calls the “endless sameness of the daily routine”.
“We were continually counted to make sure we had not absconded – counting, counting, counting, all day long. It never ceased.”
Engaging
in risky adventures, they designed ways of writing notes to their
relatives on the outside, concealing them in their socks or under their
tongues, or in other other ingenious ways, with anyone going outside for
a court appearance being a contraband courier.
Smokers,
writes Mr Odinga, went to extreme lengths to smuggle in cigarettes. He
says that, from what he saw, had he been a smoker, he would have quit
rather than practise such desperation.
After the warders had gone to their stations at night, the remandees would shout to inmates in neighbouring cells, and in this way Mr Odinga discovered that some of those locked up nearby were Kenya Air Force men who had been arrested over the coup attempt and who faced courts martial for treason.
After the warders had gone to their stations at night, the remandees would shout to inmates in neighbouring cells, and in this way Mr Odinga discovered that some of those locked up nearby were Kenya Air Force men who had been arrested over the coup attempt and who faced courts martial for treason.
These
prisoners firmly believed in their action against dictatorship and
corruption, and they were willing to die for it. Mr Odinga writes that
many of them were sentenced to death and that “It was terrible –
terrible and heart-breaking.
“They would be taken to
court in the morning and would return in the afternoon to tell us
quietly that they had been sentenced to death. A few were acquitted and a
few imprisoned but many paid the ultimate price.”
Finally the day came in January 1983 for Mr Odinga to face 13 charges in relation to the abortive coup of August 1, 1982.
The
trial was then delayed and postponed by the prosecution several times,
while Mr Odinga’s relatives and friends worked to set up for him the
best defence team they could.
The day of the trial was finally set for March 24, 1983.
The prosecution was led by lawyer Sharad Rao (now chairman of the Judges and Magistrates Vetting Board).
Suddenly,
the day before the trial was due to begin, Mr Odinga and his two
co-accused were asked to collect all their belongings from their jail
cells. They were driven to the courts and taken before the then Chief
Justice, Sir James Wicks.
Mr Rao announced that he had
orders from the Attorney-General to enter a nolle prosequi – that the
State no longer wished to prosecute the three.
What
followed was dramatic. The three men were released and all the papers
were signed, but police officers never left their sides, and as the
three exited the court they were bundled into a waiting Special Branch
vehicle. The thought of detention immediately crossed Mr Odinga’s mind.
They
were driven via a roundabout route to Langata Police Station. At day’s
end, they were taken to the Nairobi area police headquarters, where the
then provincial police chief, Philip Kilonzo, served them with detention
orders signed by then internal security minister, Justus Ole Tipis.
“We
three detainees arrived at Kamiti about midnight, back where we had
started the day – but now we had a new home: the isolation block, the
detention camp, the prison within a prison. The next phase of the
struggle had begun,” writes Mr Odinga.
He would remain
in detention without trial, which was lawful at the time, until February
5, 1988, when he was dramatically released by President Moi.
He
would survive the solitude by exercising when he could and reading
numerous books that his wife Ida sent him (but which had first to be
censored by the authorities). He writes that he extensively studied the
Bible, the Koran and other religious material, in addition to numerous
other types of books, any kind, he could lay his hands on.
He
would also do some gardening in the prison plot when the authorities
allowed, growing different vegetables. He would serve in Kamiti,
Manyani, Naivasha and Shimo la Tewa prisons, all of which had gained
brutish notoriety since colonial days.
Mr Odinga’s
mother died while he was in detention and he would learn of this and of
other deaths of relatives painfully, sometimes months after the event,
and he would never be allowed out to attend their funerals, a grim
testament to the torture meted out by the regime of the day."
The book is to be released on Sunday 6th October 2013.This is a must read for everyone.
Research also from;
http://mobile.nation.co.ke/News/-I-was-kicked-in-the-seat-of-my-pants-/-/1950946/2018326/-/format/xhtml/-/152n6qb/-/index.html
The book is to be released on Sunday 6th October 2013.This is a must read for everyone.
Research also from;
http://mobile.nation.co.ke/News/-I-was-kicked-in-the-seat-of-my-pants-/-/1950946/2018326/-/format/xhtml/-/152n6qb/-/index.html
Wednesday, 2 October 2013
ICC WARRANT OF ARREST FOR KENYAN JOURNALIST WALTER BARASA SHOWS FAILURE OF OUR JUDICIARY AND SERIOUSNESS IN RUTO CASE;
International Criminal Court has issued warrant of arrest against Kenyan Walter Barasa for attempting to ICC witnesses.
corruptly influence
Pre-Trial Chamber II of the International Criminal Court ( ICC) unsealed an arrest warrant against Walter Osapiri Barasa, Kenyan citizen, born in 1972.
"He is charged with several offences against the administration of justice including corruptly influencing or attempting to corruptly influence ICC witnesses. An under seal warrant of arrest was issued against him on 2 August 2013. This is the first case before the ICC where a suspect is charged with an offence against the administration of justice, in accordance with article 70 of the Rome Statute," the court said in a statement.
Judge Cuno Tarfusser, Single Judge of Pre-Trial Chamber II, considered that the evidence presented by the Prosecutor established reasonable grounds to believe that Walter Barasa is criminally responsible as direct perpetrator for the crime of corruptly influencing or, alternatively, attempting to corruptly influence witnesses by offering to pay them to withdraw as ICC Prosecution witnesses in the context of the Kenyan cases before the ICC.
Allegedly, he has been and is still acting in furtherance of a criminal scheme devised by a circle of officials within the Kenyan administration.
Based on the Prosecutor’s evidence, Judge Tarfusser also found that it is necessary to arrest Walter Osapiri Barasa to ensure his appearance at trial, to ensure that he does not obstruct or endanger the investigation or the proceedings, and to prevent him from continuing with the commission of the crime.
The new development has further proved there hasn't been an effort by the Judiciary in trying to punish perpetrators and Obstructors of Justice within the country.How is Judiciary collaborating with ICC to ensure Justice is delivered.This is another failure of Mutunga's Judicial body.
Personally,this development gives me optimism of not hearing of more witness withdrawals and a final justice will be granted to the victims of 2007/2008 post election violence.This coming when Ruto's trial is going on at the Hague is of great importance since I believe most witnesses who have been seduced by Journalist Barasa have been against him.
I fully support the ICC in its quest of Justice and if Journalist Barasa is found guilty,then he must be punished in accordance to the rule of law.He must answer why he doesn't seek justice for 1500 people who died during the POV.
Research also from http://www.standardmedia.co.ke/?articleID=2000094751&story_title=icc-issues-arrest-warrant-for-walter-barasa.
corruptly influence
Pre-Trial Chamber II of the International Criminal Court ( ICC) unsealed an arrest warrant against Walter Osapiri Barasa, Kenyan citizen, born in 1972.
"He is charged with several offences against the administration of justice including corruptly influencing or attempting to corruptly influence ICC witnesses. An under seal warrant of arrest was issued against him on 2 August 2013. This is the first case before the ICC where a suspect is charged with an offence against the administration of justice, in accordance with article 70 of the Rome Statute," the court said in a statement.
Judge Cuno Tarfusser, Single Judge of Pre-Trial Chamber II, considered that the evidence presented by the Prosecutor established reasonable grounds to believe that Walter Barasa is criminally responsible as direct perpetrator for the crime of corruptly influencing or, alternatively, attempting to corruptly influence witnesses by offering to pay them to withdraw as ICC Prosecution witnesses in the context of the Kenyan cases before the ICC.
Allegedly, he has been and is still acting in furtherance of a criminal scheme devised by a circle of officials within the Kenyan administration.
Based on the Prosecutor’s evidence, Judge Tarfusser also found that it is necessary to arrest Walter Osapiri Barasa to ensure his appearance at trial, to ensure that he does not obstruct or endanger the investigation or the proceedings, and to prevent him from continuing with the commission of the crime.
The new development has further proved there hasn't been an effort by the Judiciary in trying to punish perpetrators and Obstructors of Justice within the country.How is Judiciary collaborating with ICC to ensure Justice is delivered.This is another failure of Mutunga's Judicial body.
Personally,this development gives me optimism of not hearing of more witness withdrawals and a final justice will be granted to the victims of 2007/2008 post election violence.This coming when Ruto's trial is going on at the Hague is of great importance since I believe most witnesses who have been seduced by Journalist Barasa have been against him.
I fully support the ICC in its quest of Justice and if Journalist Barasa is found guilty,then he must be punished in accordance to the rule of law.He must answer why he doesn't seek justice for 1500 people who died during the POV.
Research also from http://www.standardmedia.co.ke/?articleID=2000094751&story_title=icc-issues-arrest-warrant-for-walter-barasa.
Tuesday, 1 October 2013
US GOVERNMENT SHUTDOWN; A LESSON OR TWO FOR KENYA?
The White House; |
What Does the Shutdown mean?
Lets analyze what will be mostly affected by the Shutdown;
1. Around 700,000 government employees would be placed on mandatory unpaid leave.
2.Military employees, including active duty personnel, will not be paid during a shutdown unless Congress takes a separate action to insure that payments are issued. According to Congressman CW Young, who heads the House Defense Appropriations Subcommittee, "All military personnel will continue to serve and accrue pay but will not actually be paid until appropriations are available."
3. America's famed national parks will likely be closed if the government shuts down.
4. The Centers for Disease Control and Prevention (CDC) would have substantially reduced capacity to investigate the outbreak of diseases
5. The Internal Revenue Service (IRS) would be significantly cut back, and would not perform any audits during a shutdown
6. Federal loans for homebuyers and small businesses would be suspended during a shutdown.
7. Benefits for pensioners and military veterans, while scheduled to be delivered as normal, could be subject to delays.
8. National museums and zoos would be closed during a shutdown
9. Rubbish collection in the nation's capital will cease. Unlike in the fifty US states, Washington DC's budget is subject to Congressional approval. Although schools and public transportation will remain open, services such as rubbish collection and parking enforcement will not resume until Congress passes a budget.
10. Buying and selling guns would be made significantly more difficult, as the Bureau of Alcohol, Tobacco, and Firearms, which processes permit requests, would face significant cutbacks.
I compare a Republican dominated House of Representatives to the Kenyan Jubilee Dominated Parliament.But when a more educated Nation,a superpower ,has its members disagree in such a crucial bill,I think of how worse it can be for Kenya.
The Jubilee Parliament has equally plunged us into Financial crisis and its not a time to sit back and say 'It happens in Obamaland too' .The VAT bills,a Revenue that achieves only half of the budget,Increased taxes.All these happening within first six months is a sign of lack of professionalism or poor governance.
The US have a chance to rise even to more economic prosperity.But in Kenya we have crisis after another.When the whole country was focused on the VAT bill,The Westgate attack came in.This is a government that tells you,I have two bad news choose which one to worry about ;Either insecurity or VAT bill.Except they don't solve any of them.
Research from http://www.telegraph.co.uk/news/worldnews/us-politics/
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