MUTUNGA’S CRITICS ARE ANTI-REFORMISTS

MUTUNGA’S CRITICS ARE ANTI-REFORMISTS

By Shadrack  Mbaka,

One would be left tongue tied when politicians would take to the podium to disregard the nomination of Dr. Willy Mutunga as Kenya’s next Chief justice, zooming in on the fact that Dr. Willy Mutunga wears an earring. Take this scenario for instance, there is a law that will require our current crop of politicians to undergo public vetting, indeed they are smart and well groomed, what happens when some are questioned about their academic background and are found  unfit to take up public office or are tainted with corruption allegations?

Does it really matter what a qualified candidate looks like, or is it whether the individual can deliver? Let me make it more realistic. Does it matter at all whether Dr. Willy Mutunga dons on a stud, or should we focus in his ability to get the job done if not perfected?

It all unfolded right before our eyes ( thanks to the Media) during the interview that Dr. Mutunga was the man to beat for the position of Chief Justice. Former pupils,associates, colleagues and teachers who include Prof. Makau Mutua and National Assembly speaker Kenneth Marende, in their private capacities have testified to Dr. Mutunga’s brilliance and integrity in addition to his reform record that spans over three decades.

The criticisms hurled at Dr. Mutunga have nothing to do with the ear stud. In fact I don’t remember any of Dr. Mutunga’s critics complain about Sonko’s stud when he first joined the August House, given the reason that he was representing the style of the youth in parliament.  

Therefore this brings us to the relevant question, so why is the ear stud critics upset with Dr. Willy Mutunga? The fact is that, the critics are all frightened by reforms and have had a long record of stalling reforms.

We should not fall prey to the diversionary tactics being orchestrated by the critics. The truth of the matter is that if parliament endorses Dr. Mutunga as  CJ he will automatically assume the role of the President of the Supreme Court and its only understandable that some Judges are afraid that Mutunga will conduct a strict vetting process while some of our “dear” politicians fear that He is independent minded and won’t be easily cowed by the executive arm of Government.

Upon Dr. Mutunga’s confirmation as CJ, it is most likely that the status quo will  change and never again will it be business as usual in the corridors and chambers of justice . This is the real reason that most critics really dread.

TURKANA BELONGS TO ALL OF US, LETS SAVE IT

By Shadrack Mbaka

TURKANA BELONGS TO ALL OF US, LETS SAVE IT

It was a harrowing experience to watch and read in sections of the media, that Turkana was facing severe drought spell. Definitely when you take time to ponder over this national catastrophe, you remain to wonder if truly the inhabitants of this area are a part of the Kenyan census statistics which currently stands at about 40-million people. Images of emaciated and wrinkled people huddled in the shades with blank facial expressions belie all this wonderment.

Turkana is an area with parched landscape and shimmering mirage which opens up to clear blue skies, which attests to the fact that indeed Turkana has remained a hardship area since Kenya attained its independence. The truth is that Turkana is in dire need of being rediscovered, remapped and most significantly to be developed.

Kenya may have acquired its hard earned constitution and some reforms have started to take shape in most institutions, but truth be told all this sounds like a fairy tale in a far away land. Common knowledge dictates that the immediate basic needs in this drought infested area are food, water and pasture for their emaciated livestock.

Turkana faces a variety of problems that definitely requires urgent attention and support so as to break the shackles of poverty in this area. Recently the Merrile militias from the neighboring Ethiopia and attacked a village in Turkana. In an instant more than 40 men, women and children of the Turkana community lay dead, with part of their livestock missing. To add insult to injury the Merrile tribesmen occupy a section 17 kilometers inside the Kenyan boarder.

The only “Government” that the Turkana people have ever rubbed shoulders with are said to be the international aid agencies that have set camp in the area. The NGOs here include Oxfam, World Vision and the Catholic missionaries, that basically clean the mess left by the successive Central governments.

Initially there were plans by the Government to help dig up water pans and dam to harvest rain water after rogue flooding was witnessed in the area late last year. Unfortunately so far nothing has been done to make the lives of the Turkana people more conducive and bearable. Probably the documents of this grand plan are somewhere gathering dust.

Rift valley Province, under which Turkana is part of, is an expansive area that requires more administrative systems to steer regional development and growth. Am not letting the Provincial Administration   off the hook, that’s why I would like to accuse the local administration of neglecting the people to the extent of treating them as second class citizens, by not giving the much needed services and help.

The buck stops with the Kenyan government to reclaim this lost land and help open up opportunities and stir up economic growth in the area, which will improve the standards of living in the area. It is when all this is done, that all shall be proud to be Kenyans.

Wanjiru's Death Unites 'Wives'

Nairobi — Two women, who claim to be Olympic champion Samuel Kamau Wanjiru's wives, on Monday joined his widow Triza Njeri in mourning his death at his Nyahururu home.
Ms Judy Wambui and international athlete Mary Wacera entered the home at 3 pm accompanied by Wanjiru's mother Ann after holding an hour-long meeting at another home Kamau built for his mother at Muthaiga estate.

Ms Wambui, who resides in Nakuru, could not hold her back her tears as she entered the home moments later followed by Ms Wacera who lives near Wanjiru's mother.

Ms Wacera, has a seven-month-old child named after Wanjiru's mother expressed sadness at the loss.
"I am bitter that I lost a loving husband who provided for me and my daughter. I have visited my mother-in-law and has urged her to be strong especially at this trying time," she said.
Relatives continued to flock the athlete's mother's house where a condolence book was opened.
A meeting to make burial arrangements continued as athletes also joined hands to plan for the transfer of the body to a mortuary in Nakuru.
Ms Wambui, 25, who claims to be Wanjiru's second wife, was distraught as she narrated her last moments with the athlete.

Olympic champion Samuel Wanjiru and his wife Triza Njeri on Valentine's Day - just months before his death.

The woman, who is five months pregnant, said Wanjiru passed by her house at Kiti estate on the Nakuru Nyahururu road at 8 pm on Sunday night -- less than five hours to his death.
She said Wanjiru had called her on Saturday evening from Eldoret where he was practising.
The athlete, according to Ms Wambui was to attend to an emergency in his Nyahururu home.
"He was supposed to be at the training camp for a month without taking a break but he told me that he was needed in Nyahururu urgently," she said.

Ms Wambui said Wanjiru seemed happy and settled when he passed by the house and promised to go back to her after solving the issue at his Nyahururu home.

"He was here for about an hour and I could not escort him to the car because it was drizzling," she said.
"I was still waiting for him when his cousin called me at 3 am to inform me about the death.

"I was shocked because there were no signs whatsoever that he was going to take away his life.

"He was happy as usual, there were no indications of depression," said a tearful Ms Wambui.
She said her attempt to deter Wanjiru from traveling to Nyahururu that late were fruitless as he said that he as required back at camp on Monday.
"He told me it would only be fair that he dealt with the matter on Sunday night, sleeps here before commencing his journey back to Eldoret today (Monday) in the morning," she said.
Ms Wambui claimed Wanjiru was training for an event in September but she as not sure about its title.
She added that Wanjiru had big plans for her and her unborn child and that they had been together with for five years.

"He told meto resign from my work as a receptionist two years ago and promised to establish a business for me after I deliver our child," she added.
"It is unfortunate that he has gone before the arrival of a child that he promised to love unconditionally," she lamented.
Ms Wambui said that Wanjiru visited her parents last December and agreed on how he was going to pay dowry.
The woman, who is due in September, said they had plans to wed at the District Commissioner's office next December after visiting Wanjiru's parents.
"He had also promised to buy me a home and move me out of my rented house before the arrival of our baby," she added.
She described Wanjiru as a caring and loving husband who was humble.

Courtesy of Nation Media Group

GOVERNMENT TO HAVE A SAY ON OPINION POLLS

MP Jamleck Kamau(Kigumo), on 11^th May, 2011, moved a motion before the house urging the government to “develop a framework that includes an Opinion Polls Controls Board for the regulation and conduct of the opinion polls…” MP for Naivasha, John Muthutho seconded the motion saying, “the pollsters were to blame for the political chaos that rocked Kenya in the 2007 elections,” allAfrica.com reported.
Jamleck who is the PNU (Party of National Unity) Vice-Chairman, in his statement made in parliament pointed out that “propaganda and misinformation are potent tools for destabilization of peace and stability especially during the electioneering period…” The Bill which Jamleck, Muthutho and a team of allied lawyers are working on purposes to “put discipline and restore professionalism in the operations of research so far as opinion polls are concerned,” Jamleck said.  The Bill will create an Opinion Polls Control Board that will be under the office of the Vice-President according to the proposed legislation. In response to this developing story, the Managing Director of Synovate Kenya, George Waititu said that in Kenya, research companies work under the Market and Social Research Association that regulates their operations. The proposed legislation will “require research companies to declare to the Board the sponsor of the survey and the organization behind the survey. The Board will require that the research company declare the date of the survey, the population from which the sample respondents were drawn, the number of people contacted to participate, and the margin of error in the obtained data.” allAfrica.com reported.
Laws and Regulations Restricting the Publication of Electoral Opinion Polls introduces that, “one specific area in which restrictions on freedom of expression have been imposed to protect the integrity and fairness of the electoral process is in relation to the publication of pre-election opinion and exit polls. Pre-election polls are public surveys which assess the views of the electorate on various election-related matters while exit polls take place immediately after people have voted and assess the level of support for the various parties and candidates. Media coverage of such information can, at times, be controversial. This is particularly true of polls and projections commissioned or conducted by a source that is not impartial. Furthermore polls may be subject to manipulation at many levels; in the choice of questions, the choice of sample, the time that the questions are asked, and so on. It is often perceived, therefore, that polls and projections may have a distorting effect on the vote, rather than simply reflecting public sentiments.” What the MP’s are proposing is appropriate only that they are not doing it the right way. Many democratic governments have tried it in their respective jurisdictions but failed because this issue is pertinent to and touches on the delicate issue of freedom of speech and expression. Instead, the government should find ways to strengthen relations and build trust with civil institutions (including research institutions) through the various established regulatory bodies, and be a government that works for, and with the people.

Source; jijuze.com

RAILA EULOGISES WANJIRU

May 16, 2011

Today we woke up to the sad news that Mr Samuel WanjiruKamau, who was steadily developing into our country’s running phenomenon, has died.

Wanjiru’s death is not only a loss to his family and friends but to Kenya as a whole and the entire world athletics fraternity. I wish to register sincere condolences to the family, friends and the whole sport fraternity for this loss.

As an athletics nation, we looked forward to a sterling performance in the Olympic Games in London next year. MrWanjiru was one of our sure bets for gold in the upcoming contest. His death is therefore a big blow to our dreams.

As a country, we shall always remember MrWanjiru’s great action on the international stage when he led an African sweep of the marathon medals on the final day of the Beijing Olympics. With his victory, ours became the last National Anthem to be played in Beijing when the games came to a close, and we earned our first Olympic marathon title.

We looked forward to MrWanjiru successfully defending in London the Olympic record time of two hours six minutes 32 seconds he made in Beijing.

Although MrWanjiru was a Kenyan, Japan shouldered his training for years because of the promise they saw in him as an inspiration to the youth. He was a disciplined and committed leader in the field of athletics, from whom the youth could learn and get inspiration to face the future on the strength of their own determination to succeed. It is my hope that his exploits will inspire more of our young people to carry on from where he has left.

May God rest his soul in peace.

Time to Restructure Kenya’s Anthem?

 Time to Restructure Kenya’s Anthem?

Just like many other Kenyans who for the sole reason for patriotism and association with the Kenyan National Anthem, it did not escape my thinking that the Kiswahili version of the National Anthem should be restructured.

Upon the promulgation of the new constitution in August 2010, Kiswahili was made an official language alongside the English language, which until mid last year was the only Kenyan official language. This means that whatever the document or speech in Swahili shall be officially recognized.

Every time the National anthem is sung in Swahili it sounds to connote something different from the English version.

Take a look: In the first and second line of the first stanza the translation in the first stanza is completely distorted;

English version

Oh God of all creation                                                                                                 

Bless this land and nation

Justice be our shield and defender

May we dwell in Unity

Peace and Liberty

Plenty be found within our boarders

 Correct Kiswahili translation;

Ee Mungu muumba vyote

Bariki taifa/nchi yetu

Haki iwengao na mlinzi

Natuishi kwa umoja

Amani na Uhuru

Tupate ustawi na mafanikio

Even if it means acquiring rhythm, it is totally unfair to refer to the Almighty God as “it” (ilete) in the current Swahili version. God is not just an ordinary person but a supreme being and should therefore command respect.

It beats logic to refer to God as it. Instead it should be “He”, the correct reference depending on the seniority of purpose it should be’ Alete’. As much as I pay glowing tribute to the composers of the National anthem who include; Thomas Kalume, Washington Omondi, George Sinoga-zake and Graham Hyslop, I think it is time for a new rebirth and need for a regeneration of our national anthem.

It should be realized that with the amendments to our initial Swahili version, it should retain its honour and lend itself to the harmonization and orchestration for performance by orchestras, the police and the military bands. The music thence should be able to fit both the English and Swahili lyrics.

I therefore in my capacity as a Kenyan who is allowed to voice my own opinion, that it is important that a commission of competent multilingual linguists who understand both languages be appointed, to redraft the national anthem.

Shadrack Mbaka,

Nairobi based journalist

ICC PROCESS TO STUMP OUT IMPUNITY, NOT INDIVIDUAL BATTLES

ICC PROCESS TO STUMP OUT IMPUNITY, NOT INDIVIDUAL BATTLES

The political temperatures are quickly rising in the political arena regarding the mentioning of The Hague 6 cases. As the events continue to unfold, William Ruto, Uhuru Kenyatta and Joshua Arap Sang have been traversing the country conducting prayer intercessions cum political rallies.  It is absurd that even after being prayed for and asked to forgive those who might have ‘set’ them up, they still sound bitter and seem contemptuous behind the microphones.

Ruto and Uhuru are taking the ICC process personally and it should be understood that Impunity in Kenya has been an impediment to our great country, Kenya. Some of the current crop of politicians have been in active politics for the longest time, and yet there have been violence sequentially in 1992, 1997, 2002 and the climax was witnessed in 2007 where close to 1000 Kenyans lost their lives.

Nothing was ever done to render justice to the victims of the sequential violence. The Kenyan case was taken to The Hague by our very own leaders when they defied requests to set up a local tribunal. Some of the mentioned suspects are on record rooting for an international independent body to try the suspects.

But what is coming out strongly is that the issue on ICC is being personalized and politicized with the intention to woo and hood wink Kenyans to join a particular band wagon in the expense of fighting Impunity. Analysts view this move as a desperate effort to save one of the suspects since he is a possible heir to President Kibaki.

The truth of the matter is that setting up a local mechanism is possible whilst the deferral of the case at the Hague is unstoppable, but on the other hand setting up the local mechanism will take time let alone the possibilities of manipulation of the process to save particular individuals, it is high time that Kenyans be given justice, for justice delayed is justice denied thus the shattered diplomacy efforts, since the world has come of age to believe in human rights.

Therefore I would like to ask our leaders to stop turning this issue into an ethnic affair for it is bound to create ethnic fault lines among Kenyan communities. The mentioned six in connection with the post election violence should proceed to The Hague and prove their innocence instead of seeking mercy from Kenyans. It also does not make sense, that some of the  mentioned leaders are accusing the PM of being behind their being taken to the Hague, and yet am aware that the KNHCR had carried its own investigations and two of the mentioned six had moved to court to have their names expunched from the KNHCR report on the violence. Am also aware that the ICC lead investigators were in the country to collect evidence hence it baffles me why the PM is on the receiving end.

Impunity in Kenya is cancerous and its time that we Kenyans know when we are being duped to support leaders who when planning ‘important’ issues ‘do it behind closed doors but when it blows up and become scandals we are turned upon that our community is being targeted or it is a ploy to lock certain  candidates out of 2012.

 Fighting impunity starts with you.

Shadrack Mbaka,

Nairobi

Are Kenya’s Best Days behind Us?

Are Kenya’s Best Days behind Us?

I AM A KENYAN CITIZEN, NOT BY ACCIDENT OF BIRTH BUT BY choice. I first voted in the 2007 General elections which was later followed by the referendum in 2010, this exercise made me a Kenyan because I love this country very much and it is my sincere belief and my faculties are convinced it is an exceptional country in Africa and the World at large. But in my perspective view of the world, the world is currently bombarded by strong winds of technological change and global competition.

This makes me a little nervous. Perhaps this is yielded out of the fact that as these forces gather strength, Kenya seems unable to grasp the magnitude of the challenges that face us. Despite of the hyped increased investments in Kenya. China is building our roads and constructing our dams, where are our engineers? In spite of this hard hitting fact, most Kenyans operate on the assumption that Kenya is still an economic power house in East and Central Africa.

Whatever the today’s economic growth and the decisions that created the growth in the education sector, infrastructure, agriculture and horticulture were made decades ago. What we see today is a Kenyan economy that has boomed because of policies and developments of the 60s and 70s.

Germany, by contrast, was almost entirely destroyed by World War 11. this gave it a chance to embrace civilization and rebuild its physical infrastructure which also saw the revision o its antiquated institutions that included , the political system, the guilds as well as the economy with a more modern frame of mind.

Therefore all Kenyans are stakeholders in this, lets unite for a common course and rebuild Kenya to a regional power house.

By

 Shadrack Mbaka

Osama’s Death will Magnifies Obama’s Image but Bush Deserves Credit

Osama’s Death will Magnify Obama’s Image but Bush Deserves Credit

Song and dance broke out across America, Europe and the Middle East on the morning of Monday, 2nd May 2011. Reason, Osama killed by American forces in conjunction with the Pakistani intelligence operatives.

Osama’s Bin Laden’s terror organization, Al-Qaeda has on numerous occasions claimed responsibility for various terrorist acts across the world. A memorable one being the bombings of the American embassies in Nairobi and Dar-es-salaam and the most shocking the 9/11 in the United States. Mr. Bin Laden was also responsible for the deaths of many Men, Women and innocent children across the world.

Bin Laden’s death may illustrate the view that the international puzzle on the Al-Qaeda leader has finally been solved. Osama’s death also goes ahead to paint the glowing picture of Osama’s   administration success in combating terrorism. But this also begs the question that does former President Bush deserve credit too?

President Bush had vowed to crush Osama after 9/11, and for over nine years Bush and the American armed forces bombarded possible hideouts of Bin Laden in the Tarabora area of Afghanistan. In the process Bush never lost his vigor in tracking down Bin Laden, in fact in my view President Bush also shares credit with President Obama because for the past nine years the Bush administration help make the most wanted Man on the terrorist watch list become weak with ill-health and made him appear vulnerable.

Upon taking over the reigns of Power in the United States, President Obama promised to counter terrorism with renewed commitment. This promise came to pass when Mr. Obama authorized an attack on the Al-Qaeda leader’s safe house in Pakistan, last Friday. Thanks to Intelligence Corporation between the US and the Pakistani government.  This comes at a time when Mr. Obama has gone under fierce criticisms by the Republicans. This is likely to be an achievement and an image booster of his governing style, but all the same President Bush deserves credit.

Justice has a funny way of rewarding victims and tormenting those who propagated injustice to society. In this case Justice was swift and brutal on Bin Laden. Sir Winston Churchill once said, “The fight will be long, the pains will be numerous, the losses will be cruel but when victory comes, it will amend it all”. Has justice been served?

Meanwhile as the world celebrates Bin Laden’s death ‘festival’ it is important that countries including Kenya should beef up security and intelligence as a result of possible retaliatory attacks from Al-Qaeda operatives and its allies. This basically should be taken with the seriousness that it deserves, since Al-shabab has issued terrorist threats against Kenya and it is important to note that it is hard to kill and idea unlike killing a man.

Shadrack Mbaka,

MUSEVENI’S DEFINITION OF DEMOCRACY DISTURBING

MUSEVENI’S DEFINITION OF DEMOCRACY DISTURBING

President Museveni’s   regime has been in the media limelight for all the wrong reasons, especially on open violation of human rights. This is as a result of the brutal response to protests staged by Ugandans in Kampala, over the rising costs of living as well as rising fuel prices.

The applied format of the demonstrations was a “Walk to work” campaign. This indeed was a demonstration within the precincts of the law for one can decide to either walk to work or go by vehicle. What did Museveni’s regime do? The police with the help of the military unleashed a wave of violence on civilians that shocked and stunned the world. The most brutal being the harassment and beating of the Ugandan opposition leader Dr. Kizza Besigye that forced him to be admitted at a Kenyan hospital. 

In his recent address in Nairobi, Mr. Museveni reiterated   that he is more concerned with delivering electricity to Ugandans than respecting their fundamental rights. This can be termed as an arrogant statement uttered by a sitting head of an African independent state. In my diplomacy class the respect for human rights is an important aspect and requirement by members of the United Nations. 

The empty rhetoric and hyper arrogance being showcased by President Museveni is a show of failure to accurately metamorphosise from a guerrilla to a more respectable civilian president. It is heart wrenching for President Museveni to refer to his subjects as a bunch of armed militants who want to topple his government, going to the extent of vowing to deal with them firmly. 

The Media is a custodian of information on behalf of the public. This journalistic calling has forced most African Media houses to invest heavily on modern technology for news gathering and dissemination of information. Both the local and international media zoomed their lenses to capture images of the Ugandan military storming in civilian homes, dragging then out and beating them up senseless. Isn’t it embarrassing for Museveni to appear in an interview conducted by a local media house, claiming that the media house was not serious for it engaged in partial reporting and that the CNN camera lenses were not functioning properly, this is absurd Sevo!

This was indeed an unfortunate event for the people of Uganda. Mr. Museveni’s image as a revolutionary and statesman has been tainted, especially now that he is pushing the Ugandan parliament to pass a law that will forbid the courts from granting bail to his well known opponents. 

Museveni has been championing for the installation of the East African Integration project. As  much as he deserves credit for this, it should be well understood if not realized that the events that have been unfolding in Kampala has been reflected across the East Africa economies and may plunge the region into a crisis.

The days of autocrats are long gone, like many that have stayed in power for long and it is only in African states where leaders have ended up being captured in bunkers for violating Human rights.

By 

Shadrack Mbaka