A Political Kenya: Latest Politics and Kenya Economy News

The Committee of Experts (COE) is gearing up for civic education once the draft constitution is published by the Attorney General this Thursday. They have been quoted in various quarters that their main focus will be to deal with the "falsehoods", "misinformation" and "lies" that has dominated the country in the last month.

The COE is definitely advocating for a Yes vote in the coming referendum. Their main battle will be to counter the NO campaign that is led by church leaders and Ruto.

The COE is taking up the role of the judiciary in constitutional interpretation whereas we all know that once the draft is enacted, the COE mandate ends and it will be upon the judiciary and the legal fraternity to seesaw interpretations of various clauses in the constitution. The COE will not be called upon to say what they meant when they put up some words or phrases. The best they could have done is to include a definition of terms appendix as part of the constitution which they never did.

The COE should not dismiss any Kenyan's interpretation of the draft, however layman it is, as a lie, falsehood or misinformation. The only binding interpretation will be that of the judiciary once the draft is enacted. As much as they collated the views and harmonized the draft constitutions, they do not have a final say what the chapters, sections, clauses and words they chose mean. It is now beyond them and have no power to amend or have no responsibility to tell us what they meant if such words and phrases are not crystal clear and are subject to wild and weird interpretations by Kenyans.

The COE should restrict themselves to distributing the draft constitution as it is and should not add any materials purporting to interpret the draft, or hold talks, rallies or meetings to misinform Kenyans of any interpretation thereof. Any public forum by the COE should be to read the draft as is to the public. In any case such materials would not be admissible in a constitutional court once interpretations of the constitution are referred to the courts.

Once they make sure every Kenyan has a copy of the draft, let Kenyans read the draft and interpret for themselves how what they read applies to their situation and make decisions on how to vote thereof.

COE LET KENYANS DECIDE FOR THEMSELVES

The anchoring of the Kadhi Courts in the constitution is an issue which has dominated the current debate on whether to adopt the proposed constitutional changes or reject them.

Christian leaders and some politicians are also reported to oppose any move towards the retention of the Kadhi Courts in the constitution and have declared that such a move would “lead to the nullification of other religions”. They further suggest that such a move would make it look as if Islam was the official state religion in Kenya.

This demand for the protection of Muslims rights through ways such as the anchoring the Kadhi Courts to the constitution is not new and dates as way back as to the time of the British colonialism. Many of us have failed to recognize that the Kadhi Courts have been part of our Constitution and were included in the constitution at the time of Independence.

Personal law involving Muslims is handled by the Kadhi Courts and Muslims have been unanimous in their demand for the anchoring of the Kadhi to the Constitution.

The claims by some Christian groups to the effect that “Kenyans want separation of State from religion and no interference with the freedom of worship” are in contradiction with each other. Muslims, unlike Christians do not separate the secular from the sacred and so the removal of the Kadhi Courts from the Constitution would amount to interference with the freedom of Worship guaranteed to Muslims in our constitution.

The Kadhi Courts in Kenya have jurisdiction over Muslims personal law. The Kadhi (Muslim judge) has the power of adjudicating on matters related to Muslims’ personal law in accordance with the Sharia (Muslim law). The Kadhi court has jurisdiction regarding the determination of questions of Muslim law related to personal matters such marriage, divorce, and inheritance. The parties involved are required to be Muslims. The Chief Kadhi is the head of this institution. The rules of procedure applicable in the Kadhi Courts are similar to those applied in other courts.

Muslim Religious Courts were in existence along the East Coast of Africa prior to the arrival of the British Colonialists. The 1887 Order-in-Council stated that the British Colonialists recognized the application of the Sharia along the Coastal areas of Kenya. Later, the British Colonialists extended the recognition of the Sharia to the interior of Kenya. The British Colonialists treated the Sharia as the fundamental law during the initial period of colonialism but it was later supplemented by the English Statutory Law in matters of the Criminal Law and the Law of Evidence. The Kenyan Coast was for a long time under the protectorate of Zanzibar. The Zanzibar Courts Decree (Section 7) stated that the Sharia was the fundamental law in the Protectorate of Zanzibar. However, the 1917 Evidence Decree replaced the Sharia Law of Evidence in favor of English Law of Evidence. Other Decrees were made which encroached on the supremacy of the Sharia along East Coast of Africa.

Persons domiciled in the protectorate of Kenya as opposed to those living in the Colony were subject to the Sultan’s Court (which applied the Sharia) if they were Muslims. Initially, the Sultan’s Court applied the Islamic Law and Procedure in both personal and public aspects of law among Muslims. The extent of the application of the Sharia was later limited to only personal status laws. The 1923 British Subordinate Courts Order and the Zanzibar Courts Decree of the same year limited the application of the Sharia to civil and family legal matters. Before the promulgation of these decrees in 1923, the Sultan’s Court applied Islamic Criminal Law and the Law of Evidence.

In the Colony of Kenya, the Muhammedan Marriage, Divorce and Succession Ordinance empowered the Kadhi Courts to apply the Sharia among Muslim litigants. The Muslim Courts were under the authority of the Sultan of Zanzibar prior to the arrival of the British Colonialists.

The Kadhi Courts played a central role in safeguarding the interests of Muslims during the Colonial period and continues to play a very significant role in dispensing justice to Muslims in Kenya.

During the negotiations for the Constitution of Kenya in 1962, Muslims were assured that their fundamental rights would in future be protected and preserved by the successive independent Kenyan Government(s) . Muslims were guaranteed at this time freedom of worship and were assured that their rights would be preserved and protected.

In Kenya, the British Colonialists adopted the Indian code in areas such succession. The Indian code was also applied in post independent Kenya before the application of the controversial “uniform Law of Succession” in 1981. Muslims have been consistent in the opposition to the introduction of any law which would conflict with their faith. For example, they opposed the 1967 Commission on the Law of Succession because it aimed at forcing Muslims to abandon their religion through the enactment of a uniform law of Succession.

The law of succession Act which became operational in 1981 after the former President Moi gave consent was meant to have a “universal” application to all cases of intestate and testate succession among Kenyans. Muslims in Kenya waged a protracted opposition to the Law of Succession Act from the day when the Late President Jomo Kenyatta appointed the Commission on the Law of Succession (March 17th, 1967). Muslims were unanimous in stating that the Law of Succession Act threatened to undermine the base of their religious beliefs and their way of life. Muslims demanded that they get exempted from the Law of Succession Act

Islam demands that a Muslim follow Islamic Personal Law and so any move towards forcing Muslim to follow any other law would be tantamount to infringing on their freedom to worship. The Islamic Personal law is binding to all Muslims due to it’s divine origin. The Holy Qur'an guides Muslims on their daily lives and has broadly laid down principles to guide them through the Quranic injunctions as well as the teaching of Prophet Mohammed and those of his successors.

Muslims hold Islamic Personal law with very high esteem. The hold of the Sharia to the Muslims is strongest on the Family Law compared to other aspects of Islamic Law.

There is no doubt that Muslims would not accept to have their lives to be governed by non-Islamic personal laws. Non-Islamic personal laws are likely to be incompatible with Muslims religious beliefs and practices. The Islamic Personal Law affects the core of Muslims life and religion and so any move which would infringe on their right to worship would be met with the strongest opposition possible.

An application of a non-Islamic law would run counter to the numerous Quranic injunctions. Such laws are likely to contradict the teachings of Qur'an and those of Prophet Mohammed. For example, the Uniform law of succession had recommended sharing of deceased property in a manner which would be incongruous with the teaching of the Qur'an. The Qur'an has clearly laid down injunctions outlining how the estate of a deceased person should be distributed (S4:11-14). The divine injunctions are fully binding to Muslims. Muslims are urged to ignore or oppose any law which is in conflict with their faith. It is not possible for a Muslims to be subjected to a law which contradict their faith and at the same time remain a Muslim.

Muslims freedom of worship is guaranteed under Section 22 (1) of the Constitution. The removal of the Kadhi Courts from the Constitution would amount to gross erosion of the freedom to worship. Christian groups should avoid antagonizing Muslims and taking a position which would infringe on Muslims constitutional rights. Muslims also submits that the Kadhi Courts are protected by Section 78 of the Constitution. This Section of the Constitution prohibits the National Assembly from passing laws which contradicts the guarantee(s) enshrined under Section 66 and 78 of the Constitution. Section 26 (1) of the Constitution prohibits the enactment of laws which are discriminatory either in themselves or in their effects.

Hussein Abbas (Muslim)

Mombasa .

This MEMO release is written in behalf of our client, Mr Peter Nduthu. To set the record straight – although our office has received numerous media request to clarify our client’s political stand and interest in Kenya political landscape, and affiliation to the recently published book "Kenya in the eyes of a patriotic Kenyan".

We can confirm there is no truth to some items published in the news as reported.

The recently published book, yet to be launched "Kenya in the eyes of a patriotic kenyan" published by Mr Francis Karanja aka "Mkombozi" former Nakuru politician, has no political affiliation nor does it express the views of our client Mr Peter Nduthu.

There is a growing interest in young Kenyans from around the world participating in politics, some Kenyan political parties are changing and have responded positively to the growing number of Young Turks who want to affect the political system, including Mr Nduthu. Political ideologies that were once considered "fringe" beliefs are becoming mainstreamed, and more young people are associating themselves with politics.

Mr Nduthu considers himself as "3rd Generation Young Turks" he has his eyes on the political landscape in Kenya and isn’t shy about his possible interest in running for office come 2012. “That’s an option we will always hold open, where he expects the coming months to be a critical part of his Kenya History.

Mr Nduthu, 35, will be meeting and having conference calls with Kenyan veteran and former politicians in Europe, Nairobi and Nakuru seeing through aspects that will have significant political consequences being closely watched at home. Most pressing is referendum.

He advocates for “a big tent Kenya” and predicts a new, winnable political platform which will eventually emerge from the war between moderates and the conservatives movement. “What is most important for any democracy these days is to let all voices be heard”. “I think it’s a very healthy transition period, knowing full well that this isn’t the end point but this is one step in heading the right direction.”

We however ask members of the media to respect his family's privacy, any questions or clarifications should be directed to me, and I will endeavour to reply promptly. A full press statement will be released on May 10th 2010.

We hope you will give this memo your immediate consideration to avoid expensive and embarrassing reporting.

Sincerely

Ms V Richards

Marketing & Relations Directorate

Kenyan officials conveyed their apologies to the UAE government, says official

Published: 00:28 April 29, 2010

Abu Dhabi: The foreign ministry denied the arrest of three UAE citizens in Kenya.

Sultan Al Qurtasi Al Nuaimi, Director of Consular Affairs at the Foreign Ministry, denied on Wednesday the allegations that three Emiratis were arrested in Kenya as reported by some media agencies.

"The media reports claiming that a member of the UAE royal family was involved in the incident is false,” he said, noting that the incident occurred due to the misconduct of airport officials.

"The Kenyan officials have already conveyed their apologies to the UAE government," he added.

“The recent visit of Moses Wetangula, Kenyan Foreign Minister, was to discuss bilateral relations between the two countries. The visit has absolutely nothing to do with the false media reports. The two countries maintain deep-rooted relations and Kenyan visitors are always welcome in the UAE,” he clarified.

In regard to the recent visa restrictions, Al Nuaimi said these procedures were adopted by the respective authorities to regulate visa issuance, adding that the two countries are working on this issue.

Gulf News

Even if the way the scandal was exposed is irregular, the fact are that Musalia Mudavadi has been adversely mentioned as a recipient of part of Kshs59m that was stolen from the government due to overpricing of the cemetery land which cannot even be used for the purpose for which it was bought.

As it stands until his name is cleared, Musalia Mudavadi should step aside to pave way for investigation. To quote Raila Odinga, the prime minister it does not mean that by stepping aside Musalia is guilty, that will be known after the investigations are done.

Goldenberg was exposed in an irregular and unprocedural manner, so was angloleasing some of the biggest scams in the story of corruption by government officials in Kenya. Musalia cannot hide behind KACC "irregular" manner of revealing the scandal and that cannot change the fact that the cemetry land saga purchase by the Nairobi City Council which is under local government ministry headed by Musalia was a corrupt deal and huge sums of money ended up corruptly in the hands of government officials, Musalia accused to be one of them.

The prime minister has further said that the war on corruption must be personalised since it involves individuals. Musalia must lead the way and must carry his cross, but for now he must step aside until investigations clear him or incriminate him.

I am a young Kenyan.

I have been thinking.

I have wondered, come 2012 or earlier when we go for elections in Kenya, who is worthy of my vote?

I have considered our current crop of politicians and have found them wanting.

No, I do not want to vote for Raila Odinga or Kalonzo Musyoka or Uhuru Kenyatta or William Ruto or Musalia Mudavadi or George Saitoti or Charity Ngilu or Kiraitu Murungi or Gideon Moi or Mwai Kibaki now that we have hints he may be planning for a lifetime presidency like other African despots. They are all stained with seeds of ethnic animosity, poor governance, corruption, fanning tribal hatred and are a constant reminder of the suffering of Kenyans under the Kenyatta, Moi and Kibaki regimes.

For a moment, I thought I can vote for Martha Karua or Mutava Musyimi but as time goes by I have developed a bitter taste in my mouth whenever I think about these two. Mutava Musyimi stint at the current parliament has been disappointing. I wished he would stand for me and say no to all those shenanigans that happen in parliament and cabinet that propagate corruption, tribal hatred and the poverty of my fellow Kenyans and I. He has however chosen to keep quiet, a conspiracy of silence that drains our blood as Kenyans which is no different from those who steal and eat the poor Kenyan's staple food of maize and are involved in a host of other corruption scandals. It is very hard to separate Martha Karua and all the wrong things in Kibaki's twin tenure.

I did not take Eugene Wamalwa's declaration to be president lightly for I have been searching and looking for a reason to wake up early on that material day to change the course of my country. But the fact that he is linked with Jimmy Kibaki's Simama Kenya outfit makes me have an uneasy feeling that he may not be the man for he will not be his own man.

I have considered, like many other Kenyans, not to give a damn what happens in 2012, just sleep the day away - with enough stash of food and water, armed of course for any eventualities that are looking real by the day - just like any other Sunday or public holiday and not vote. My conscience, however, cannot allow me to watch as Kenya whirls away in a too familiar way.

My vote is unmarked and powerful. My vote is my dearest and most lethal weapon to eradicate all the wrongs I see in Kenya. I will give it to the man or woman who will earn it. A person who will use the tax I pay to the government wisely to develop and spur economic growth in Kenya, fighting corruption, upholding governance and ethics and actively fighting the rampant poverty that I wallow in and that surrounds me. A man who will deal with the political, economic and social hopelessness that engulfs me each passing day.

Whenever I visit the Mars Group Kenya website and listen to Mwalimu Mati in various talk shows, I see a Kenyan willing and trying to confront head-on the problems that we face as Kenyans in his own small way. I see a man that audits Kenya's spending and contractual commitments with a fine tooth comb, asks questions and reports to Kenyans how our funds are being wasted and are being used to enrich a certain political class at my expense and at the expense of the rest of Kenyans.

In Mars Group Kenya I see Kenyans who do not worship the Kenyattas, the Mois, the Kibakis, the Odingas, the British, the Americans and any other Kenyan 'god' out there that are responsible for what is wrong with my Kenya.

I perceive a Kenyan ready to make the corrupt regimes accountable for the misery of Kenyans. A Kenyan with a zeal to deal with the cancer of corruption, parasitic governance, destructive politics and wasteful spending of public funds once and for all.

I sense an angry Kenyan like me - angry and disappointed with the dangerous games our current "leaders" and politicians play - only that unlike me, he has the guts to stand up, be counted and say NO to all the political madness we experience day in day out in Kenya.

I see a Kenyan with bubbling potential to take Kenya to the next level of infrastructural development, economic growth, political accountability and responsibility without the endless mumbo jumbo of MOUs, accords and Vision 2030.

That makes me say to myself, I want that Mars Group Kenya guy to be my president.

If only he has the right mandate and authority.

My vote and your vote can give that Mars Group Kenya guy the mandate to give us the right leadership that we yearn, hope and long for.

I want that Mars Group Kenya guy to be the next president of Kenya.

Feel me? Please join me here on Facebook to give notice and spread the good news.

We can change Kenya!

Mwalimu Mati for president!!

Early 2008

Maize yields and stocks significantly low due to the destruction of close to 3.5 million bags of maize during the post-election violence, which also reduced the area under maize production by 30 per cent.

Diammonium Phosphate (DAP) fertiliser skyrocket by 240%.

June 2008

High cost of petrol internationally results in high costs of transport and inputs, in turn causing the price of maize and related products to shoot up from Ksh48 (US cents 64) for a 2kg packet of flour to a high of Ksh130 ($1.73).

July 2008 - June 2009

The estimated shortfall in maize production over the period hits 11.5 million bags.

September 2008

Grain millers and traders ask the government to ease grain importation rules and taxes so as to bring down food prices.

November 2008

Cabinet approves the importation of 5 million bags of maize to mitigate the looming crisis. The first consignment arrives in Mombasa in October 2008. The maize originates from South Africa and US.

Allegations about possible shoddy dealings in the handling of maize start to emerge as a cabinet committee headed by the Prime Minister launches investigation.

December 2008

Media reports reveal that farmers are hoarding maize in protest against the government's decision to fix the price of the crop at a much lower rate than what is paid for imports. The government was paying about Kshs 3,000 ($40) for every sack of imported maize but paid KShs 1,950 ($26) to local farmers for the same quantity of grain.

The government designs a plan to supply cheap maize flour but the plan runs into trouble amid allegations of corruption.

Newspaper reports allege the loss of 100,000 bags of maize. The Cereal Millers Association spokesperson claims that only 40,000 bags pf the 144,000 bags of maize set aside by the National Cereals and Produce Board (NCPB) had reached its members and queries the destination of the other 100,000 bags.

The government waives duty on imported maize as five out of six managers of the NCPB are sacked by Agriculture Minister William Ruto over allegations of corruption.

The grain shortage reaches emergency levels as over 10 million people are reported to be facing starvation.

February 2009

Special programmes Permanent Secretary Ali Mohamed announces that the government is set to release 200,000 bags of maize to the famine relief programme from the Strategic Grain Reserve (SGR).

Trustees of the SGR authorise allocations to millers reducing its stocks to levels far below the required 4 million bags, thus exposing the country to severe famine in case of any shortfalls in production.

Following press reports, MPs admit to buying maize from the NCPB as well as writing letters requesting for allocations to individuals known to them. Some of the MPs claimed that they requested for the allocations after hearing that their colleagues were doing the same.

Prime Minister Raila Odinga orders a forensic audit of the National Cereals and Produce Board to establish the magnitude of the maize scandal

March 2009

Maize imported by the government continues to arrive at the port of Mombasa.

April 2009

Parliament's Departmental on Agriculture, Lands and Natural Reosurces calls for investigations to be carried out on the alleged role played by the Prime Minister's family in the maize scandal.

May 2009

Controversy emerges about the suitability of part of the imported maize for human consumption amidst revelations that 6,000 tonnes of imported maize is contaminated

The Ministry of Public Health issues a public alert over the circulation of contamintaed maize reported missing from Grain Bulk Handlers Ltd

MPs absolve the Prime Minister, his family and his office from blame in the maize scandal by deleting clauses in the Departmental Committee on Agriculture, Lands and Natural Resources Report that had linked them to the scandal. The entire report is also rejected on grounds that it was "politically engineered" and was "absolutely clumsy"

June 2009

Government makes arrangements for the condemned maize to be shipped back to the country of origin.

February 2010

A government commissioned audit report by PriceWaterhouse Coopers reveals massive irregularities in the Subsidised Maize Scheme, This results in the sacking or resignation of eight top officials, including three Permanent Secretaries— Dr Romano Kiome (Agriculture), Ali Mohamed (Speciai Programmes), and Dr Mohammed Isahakia (Prime Minister's office) — as well as the PM's chief of staff Caroli Omondi, the managing director of the National Cereals and Produce Board Prof Gideon Misoi, NCPB sales and marketing manager James Boit and Mr Robert Langat

An attempt by the Prime Minister to suspend the Minister for Agriculture (and his Education for a separate, unrelated scandal) flops after President Kibaki declares that the PM has exceeded his authority Tensions within the governing coalition rise to breaking point.

Source: The East African