A moment to frown for Amos Wako?

Enigma or Conundrum? This Man Amos Wako

Updated on: Thursday, June, 30, 2011 Story by: JOSH MEMENTO

On May 13th 2011, Amos Wako celebrated his 20 years as Attorney General. In exactly 58 days he will leave office. The ever-smiling government advisor has the title has his second name. Later, at the end of next month, Wako will be celebrating his 66th birthday. As required by the Constitution Amos Wako's tenure in office is expected to end on August 28th, 2011. Appointed on May 13th, 1991 Amos Wako is among the longest serving attorney generals. He is one man vindicated by admirers and vilified by haters with the same measure. Astonishingly the bespectacled man with preference for striped suits, has always found a reason to smile. Infectious his smile is so much that he has no dull moment, even when everybody else is crying. However, let us take stock of this man Wako.

During his tenure, Moi government bowed and buckled under public pressure to transit the system of government from single party system to multiparty democracy in December 1991. Indeed being barely six months in office Wako scored high in the Repeal of Section 2A that had made Kenya a defacto one party state. However, it was the divided opposition which played in the hands of Moi that aborted the quest to end tyrannic system of governance.

Fast forward to 2002. Amos Wako chaperoned Narc government takeover from KANU. The smiling AG camouflaged into the colours of Kibaki reformist manifesto. Indeed, he become one of the biggest carryover from the Moi regime that Kibaki inherited. Amos Wako is no doubt a brilliant lawyer. Wako graduated with Bachelors of Law from University of Dar es Salaam 1969, Bachelor of Science in Economics, University of London with Specialization in International Affairs (1975) and Masters in Law specializing in Comparative Constitutional Law, International Economic Law and Law of Treaties from University of London in 1978.

One of the biggest milestones of Wako's career would be midwifery and delivery of the new Constitution. Indeed, as the government and president's legal advisor, Wako must have done his assignment to the extent of delivery of the new law. But this was not without gaffes and goofs. In 2005 he tried unsuccessfully to ram his version of constitution down the throats of Kenyans. Popularly known as Wako Draft, his version was defeated in the Banana-Orange charade that led to birth of ODM (Orange Democratic Movement). The Banana philosophy failed miserably.

Wako is known to have the ability to assume the colour of prevailing regime system. He worked under three UN chiefs starting with Javier Perez de Cuellar, in 1982 as African Board of Trustees member of the United Nations Voluntary Fund for Victims of Torture. Wako worked under UN chief Boutros Boutros Ghali as Special Envoy to East Timor. When Boutros was removed from office, Wako struck similar working relationship with the successor Kofi Annan as a member of Eminent Persons to Algeria. Wako worked under the hated Moi government and comparatively liked Kibaki government with equal measure of success. In fact, his tenure has been accentuated with controversy and blatant indifference.

Before being appointed AG Amos Wako was serving as Special Rapporteur of the UN Commission on Human Rights on the Question of Summary or Arbitrary executions. Ironically, the person who succeeded him Prof Phillip Alston condemned the AG as having condoned extra judicial killings. It was during his tenure in office that Kenya degenerated into a country of land clashes from 1992, 1997 climaxing in 2007/8 post election violence that killed more than 1000 people. But instead of fighting for justice of victims and fair trial of suspects, Wako tried to defeat the process at the International Criminal Court through proxies like admissibility and deferment of the cases. His efforts seems to augur well will his objectives that he has striven to achieve for two-decades.

It was during his tenure that the government was hit by the largest financial scandals. Behind the infectious smile of 'Baba Julius and Deborah', Wako is a shrewd, intelligent and calculating master of inertia. His smile seems more of a facade hiding the true intention of connivance. With a Bachelor of Science in Economics he knew well how to add numbers and also how to fake others. Or how else do you explain a man of this brilliance burying his head in the sand like the proverbial ostrich as largest financial scandals in history of this country, took place. During his tenure in 1991 Goldenberg Scandal hit the country, and no prominent personality has been held accountable for the plunder of public coffers. Fast forward in 2003, Anglo Leasing Scandal emerged and no person has so far been held to account for the misdeeds of the government officials. In 2008 Tritton Scandal and Kenya lost more billions. Maize Scandal followed. More financial scandals are still emerging with latest being plunder of Free Primary Education money. And Amos, smiles them away as being cases 'without enough evidence to sustain a prosecution.'

Even as Lawyers Betty Murungi, Phillip Murgor, Fred Ojiambo and Prof Githu Muigai names make rounds, the obnoxious omnipresence and omniscience of the person one of them may succeed, pervades minds of Kenyans and the failure of the office and its holder are self telling.

Amos Wako bestrode corridors of justice like colossus; but along the way, he trampled on the rights of people he was expected to protect through a fair justice system. Indeed, he performed fairly well in protecting the interests of his masters who plundered the economy with abandon at the expense of Kenyans.

However, more worrying is the scotched-earth policy that Wako seems to be using in the implementation of New Constitution. The Chairman of Commission on the Implementation of the Constitution Charles Nyachae has blamed the AG for the slow pace of enactment of relevant legislations. So is the Director of Kenya Anti-Corruption Commission Prof Patrick PLO Lumumba.

The State Law Office has become pariah under his tenure. It has become a liability to Kenyan people. Failure to tame the dragon of corruption will hang on Wako's neck like the Albatross after his retirement. Whether his conscience condemns him, it is only he who can tell; but he knows pretty well that Kenyans are fed up with his smile and we do not need to smile at corruption, impunity and lawlessness in the New Kenya.

Email: joshmemento@yahoo.com

Taming the rogue Presidency and Parliament

As Constitution tamed rogue Parliament and Presidency?

Updated on: Wednesday, June, 29, 2011 Story by: MEEME JOSHUA

Without a shadow of doubt Kenya is headed for great exploits. Thanks to the New Constitution. Kenyans have been living in fear. Fear of institutions that they were supposed to embrace. On several occasions Parliament has held the country to ransom so as to have their way, especially concerning salary increase and raising their allowances. Presidency has a history of making unilateral decision with total disregard of public mood. No any more.

The rogue Parliament and institution of Presidency have their wings clipped. No self seeking decision can be arrived at, behind closed doors; no roadside declaration without public participation; no one is exempted from paying taxes. Waaaoh! What a country. Hey, it is not time to corkscrew the champagne. The public should remain vigilant and scrutinize the constitutionality of the actions of these arms of government. It is the work of the fourth estate (public toothless watchdog), to raise the alarm of any impropriety by three arms of government. The public should also read and conceptualize the Constitution. Just like a building undergoing repair, there is need to scrap off the old paint that stinks of nepotism, impunity and corruption before applying a new coat of paint.

This is a country being built on constitutionalism or is it constitution revolution? A country where the President is forced under public pressure to recede unilateral decision to appoint constitution office holders; a country where the Prime minister waits in the queue with other Kenyans to pay his taxes and tax arrears; a country where the Vice President admits in public he may not be able to pay taxes; a country where a conniving Parliamentarians do not hold the country to ransom.

Who could have imagined that Mps will be cornered to pay taxes on their allowances? Down memory lane! When government officers were required by the Ministry of Finance to use vehicles that had lower consumption, one of the ministers wondered how he could drive a car similar to the one driven by his constituents. They were prevailed upon with a lot of pressure from the civil society and media and now the government spends less on fuel and maintenance.

Almost at the same time last year, Mps were requested again to pay taxes. They threatened to paralyze Constitution making debate. A commission led by Justice Akilano Akiwumi was appointed, collected views and presented a report that recommended increase of Mps salaries before taxes; although they are among the best paid legislators in the world. Few days ago no one could have thought that honorable members would be queuing at Times Towers to pay their taxes, or plead with Kenya Revenue Authority to stagger payments in installments that they can manage.

To some it still sounds like a bad dream. It is not. It is the reality. When confronted with the demand that they were expected to pay taxes, Gwasi Mp John Mbadi threatened that Parliament would implement the recommendation of Akiwumi Commission. Hey, Mheshimiwa read the constitution. Even debating the motion that seeks to increase your salaries is illegal. Article 122(3) states, “A member (of Parliament) shall not vote on any question in which the member has pecuniary interest.” Pecuniary is defined as any issue concerning money matters.

Barely ten years ago there was something called Presidential Prerogative: whatever the President ordered was considered law and no person could think or act against the directive. When President Kibaki reversed the selection of four top judicial officers: Chief Justice as Visram, Attorney General as Githu Muigai, Director of Public Prosecution Kioko Kilukumi, the country celebrated. This was a new dawn for Kenya and sounded a death knell to impunity. But the decision to reverse the action was bitter herb to swallow for the institution of presidency that had enjoyed unprecedented powers over the years. Indeed during the reigns of former President Moi, the government was run through road side declarations. However, Article 73(1)(b) states, “Authority assigned to State officer (President is a state officer defined on Article 260) vests in the state officer the responsibility to serve the people, rather than the power to rule them.” People who serve are servants and obey their masters but rulers are not held responsible by their subordinates.

We the people of Kenya, demand that our servant obey the constitution. It has taken Kenyans long time to bring sobriety in these two institutions of government. But better late than never. Aluta continua. Someni Katiba, Wakenya wote, mwisho wa kusoma tutapata maisha mazuri sana.

Email: joshmemento@yahoo.com

Are these the remnants of old order?

Who will be the last man standing among the G7 leaders?

Updated on: Tuesday, June 28, 2011 Story by: MEEME JOSHUA

Watching an amorphous group under the banner G7 I wonder who among them would play second fiddle on the presidential stab. This is a group with bloated egos. But early signs show that as time runs fast, they are losing the magic of tribal card and slowly becoming irrelevant. There are no deals to be cut. The reality is those who do not make it to the elections will be vanquished politically. The dilemma is will the Kalonzos, Rutos, Uhurus, Wamalwas, Saitotis and the rest of the ilk opt for senatorship or governorship if they do not make it in the nomination, or will they take a leap of faith into the ballot, when they well know they will lose?

It is not easier either for the PM Raila to woo people who have traditionally been hostile to his bid. His sojourns in the Meru region gives a sneak preview of things we are likely to see in the next one year. I bet politicians must be spending sleepless nights strategizing how to present themselves as the leaders to nurture the New Constitution; creating an image of national leaders while shedding their evident tribal clout. Moulting is not an easy process but it is a necessary evil for survival. Political leaders must shed the coating of tribalism to acquire national public approval. Most of these people are masters of inertia and have used tribal trump-card to shepherd their communities. Not any more. The secret is earn approval by riding with public tide.

The rush by the PM and another presidential hopeful Mutava Musyimi to pay taxes was a show of their willingness to uphold the Constitution. The rest is more talk, more talk and less action. The G7 brigade is still taking time thinking that the issue will be resolved without the requirement to pay taxes. However payment of taxes is personal. John Njiraini will not hesitate to attach your property. Indeed if you fail to pay taxes, you could be declared bankrupt and therefore unfit to vie for any office under Chapter Six of the Constitution. I do not envy the situation that you find yourselves in. But this self inflicted suffering which Johnstone Muthama (Kangundo MP) and Peter Kenneth (Gatanga MP) have no idea about. Mbadi and Co. wonder how they will manage the deflated emaciated payslip? And I ask him him, how does Muthama and Kenneth manage theirs?

My crystal ball tells me we are likely to see most of the this crop of politicians for the last time. Those who do not make it to be elected will either be too weak financially to make any serious attempt into national elections or will be declared bankrupt. In fact most may not even pass the integrity test and vetting. It is my opinion that the presidential hopefuls are taken through vetting process first before being allowed to have their names on the ballot papers. We cannot afford to have tainted carryovers into the new dispensation.

Email: joshmemento@yahoo.com

Taking university lessons on prostitution, guns and drugs

Big brother's advice to our university brothers and sisters on drugs, guns and money

Updated on: Tuesday, June, 28, 2011 Story by: MEEME JOSHUA

Dear brothers and sisters at the university, I address you humbly not because am amused with your behavior but because we are inevitably born of the same mother, Kenya. This country depends on us to carry the dream of our forefathers, current leaders and pass it to the next generation. However, am worried that most of you will either be too weak to bear the dream or worse still, will not sane enough to realize the need for the dream, if you will at all be alive. Am not passing any judgment on you but only trying to use the most polite words as my younger siblings to address your wayward behavior.

Destiny is not a matter of chance; it is a matter of choice. The steps taken today determines the route life takes into the future. The foundation you are laying on drugs, crime and prostitution, today, will take toll of your life later, if you will ever have a future. You have chosen to lead a life bordering on indifference and callousness. Marauding predator men politicians and aging 'sugar mummies' have turned you into easy-foolish prey. Your folly is groomed by poverty and covered in innocence. We have grown together so I know you are innocent. You do not cause havoc in the city as frequently as you used to do some years back. Motorists can rest assured you have met your Savior en route to Damascus. Lest do they know that you do not want to dent the cars you are planning to hijack, steal and claim ownership.

Easy money comes knocking and you can barely resist the temptation to fall into snares of bad company and behavior. It is not important to ask what one stands for but also what they fall for. My dear ones, you are falling for the love of easy money but the price you are paying will be very expensive to you, to your parents and to the country.

A walk into University of Nairobi Main Campus, for instance, does not reveal underlying dynamics of students enslaved by the love for money; who have become masters of deceit and dual personality, but serene environment of learning with students clasping folders in their hands and walking at an academic angle. Little do we know that the same faces metamorphose into devil's disciples under the cover of darkness. A veneer of hypocrisy conceals a deep rooted rot of thuggery, crime, drug trafficking and prostitution. Well, you may have taken a leave in stoning cars along State House Road and Uhuru Highway. But now we discover that your energies have been diverted and you perfectly converted yourself into social misfits. These wayward behaviors are a norm rather than exception. And the driving force is the search for happiness and easy money and just like a moth that dies in the flames chasing light and warmth, your destiny is killed by your cravings. My dear ones, there are no shortcuts to places worthy going.

Undoubtedly you are creme-la-creme of the society. But I cannot afford to give you a benefit of doubt, because doubts do not have any benefits. The path you have taken will ruin you, period. Just like a rose which does not only have beautifully-scented flowers but also have sharp thorns, you have perfected the art of pursuing pleasure breathlessly so much that you do not discover when you are pricking the society. we are now deflated, thanks to you.

At the centre of scrutiny is famed Mamlaka halls of residence and ladies hostels popularly known as 'Box.' Barely 100 metres apart these two hostels provide conducive environment to set the stage for future leaders in prostitution, drug trafficking and gun running. The limousines that pull up at the 'Box' ladies hostels only lead to early deathtraps. It is heart rending to hear that learning institutions have become conduit for drugs and guns. It is the moneyed guys against the beautiful vulnerable sisters looking for easy life and pleasure at the expense of decent lives in future. Unnerving also, is, most of you are aware of Aids and its mode of transmission but you insist on 'nyama kwa nyama' sex. For my brothers studying Engineering and residing at Mamlaka Hostels, the velocity of the bullet and vectors, must have driven to more practical areas like shooting at innocent Kenyans. May be Fluid Mechanics and Thermodynamics have also contributed to this. But the probability of you leaving this habit you have been nurturing, is zero. These is no chance, period.

Do we as expectant Kenyans expect you, a crop of people used to easy money from prostitution, violent crime and drug trafficking to wait for peanuts, working your ass off days on end, scratching your head bare for thirty days for the sake of Vision 2030? I doubt.

Parting shot: my brothers and sisters, if you rush into life too fast you will catch up with misfortunes; if you become a sluggard moving at a snail's pace, misfortunes will catch up with you. Indecisiveness is dangerous as you will crushed by traffic moving in both directions. Make decision today even if action will be in future. I do not need to pamper you with praise when you are jumping into an abyss of oblivion.

Email:joshmemento@yahoo.com

Marende, are Kenyans sufficiently philanthropic?

Are Kenyans sufficiently philanthropic?
Updated on: Thursday, June, 23, 2011 Story by: MEEME JOSHUA

Speaker Kenneth Marende has pulled another sententious remark from his bagful of Solomonic wisdom. However, this time his ruling does not reek any iota of wisdom. On a trip funded by poor Kenyans dying from hunger in Turkana and North Eastern, Marende unashamedly opposes taxation of Mps allowances. Poor ordinary Kenyans are truthful to paying taxes but the captain of honorable masqueraders has the audacity to oppose implementation of the Constitution on taxation. Taxman must move with speed and attach property of tax defaulters with view to auctioning it. We passed the constitution and it cannot be applied selectively.

The constitution has not been suspended to favor constitutional office bearers at the expense of poor jobless Kenyans. Mps have their share of problems and so do all Kenyans. We cannot pretend that when Mbadi announces that Parliament will be compromised that Kenyans will miss their sleep. No. To Marende and Mbadi the constitution is in force. And because the constitution is not a respecter of persons, ordinary Kenyans would be contemplating boycotting payment of taxes if Mps allowances would not be taxed.

How many Kenyans take home a paltry one-tenth of the amount the Mps are refusing to be taxed? Sh 550,000 to our honorable members sounds like loose change. They currently take home Sh 850,000. In one year each MP takes home more than Sh 10 million. But to millions of Kenyans dying of hunger, walking to Industrial Area every morning, sitting at the Hilton's jobless centre with brown envelopes, this is money they have never dreamed of. When Marende states that Mps will not pay taxes, I wonder why Kagundo MP Johnstone Muthama and Gatanga MP Peter Kenneth would feel so philanthropic to pay taxes on their allowances.

Two Kenneths appear to be on the extreme ends of their hemispheres of thinking. For Kenneth Peter, it is a responsibility that comes with duty to pay taxes. To Kenneth Marende it is case of a piece of wood that is in the mantel laughing at the one burning in the fireplace. Kenyans today are wiser, Marende. This time you are out of order. Mr Speaker Sir, could I be in order to ask you to lead Parliamentarians in paying taxes. For purposes of clarity: Article 210 (3) states, "No law may exclude or authorize the exclusion of a State officer from payment of tax by reason of (a) the office held by that State officer; or (b) the nature of the work of the State officer." This time it is not act of philanthropy but observance of the Constitution. If you don't the Constitution will take its due course on you as it does on people who defy to pay taxes. Poor people of Emuhaya are watching, you enjoy trappings of the Speaker privileges courtesy of these poor old and young men and women. Respect their wish, for their wish should be your command.

joshmemento@yahoo.com

Who between Raila and Nyachae is lying?

Who between Raila and Nyachae is correct constitutionally?
Updated on: Wednesday, June, 22, 2011 Story by: MEEME JOSHUA

During a stock-taking forum at National Constitutional Conference, differences emerged between the PM Raila Odinga and chairman of Commission of the Implementation of the Constitution Charles Nyachae. The two seems to reading from different scripts concerning whether 'appointed' is the same as 'elected.' Members of Parliament are appointed by the constituents through an election. Nevertheless, whether appointed or elected, the constitution is clear that members of Parliament are state officers who should not hold a party position. Period.

The constitution does not accord exclusive right of interpretation of the law to one person. But we can employ selective interpretation to earn political 'Bonga Points.' What political benefits comes with this argument? The PM knows fighting for his loyalists to retain party positions at the expense of constitutionalism is against public mood. Circumventing the Constitution is like ashes that flyback into the eyes of the person who throws them. Drafters of the Constitution knew this and put virtually everything in black and white. There are however gray areas. But I do not think surrendering party positions is one of those gray areas that require the attention of Supreme Court as the PM has requested.

Our respected PM Raila with all due respect is an Engineer and will only rely on advice from his courtiers hanging on his coattails for legal interpretation. Official legal advisor of the PM, Lands minister James Orengo has kept mum on this. As a lawyer he knows why. Son of Nyandusi family being a lawyer, as well, has taken the bull by its horns. But the bull seems determined to gore him. But a man fed on 'mrenda' knows well that his healing process would be fast. 'Fish-eater' against 'mrenda-muncher' on interpretation of the Constitution. This time I do not think the fish gave the PM enough Omega Complex fatty acids for proper reasoning. Or is he feigning ignorance?

Agwambo asks whether we will get party officials from the church, when told that the constitution requires 'state officers' to cede party positions. Nyachae stands his ground that they must resign. But now who is fooling who? Is Raila feigning ignorance or is he doing this purposely to protect positions of his foot soldiers? This matter is emitting more heat and smoke than light. Where there is too much smoke it is time to look a little closer. Smoke screens are used to fool people. Kenyans are keen and will not fooled, not this time.

Article 77(2) states “Any appointed State Officer shall not hold office in a political party.” Then the question arises who is a state officer? Article 260 defines a state officer as “a person holding a state office.” On the same breathe state office is defined as “any of the following offices: President, Deputy President, Cabinet Secretary, Member of Parliament, Judges and Magistrates, member of a commission to which Chapter Fifteen applies, ...” and the list goes on. So Mps are State officers.

We cannot judge someone's intellect by the size and shape of his/her head. But our President is cool on this one. Just like a male spider that has finished its business after the delivery of the constitution, Baba Jimmy has resigned to fate and patiently waiting his retirement. If all factors are held constant PM will take the baton. Agwambo being the next horse to bolt from the stable and gallop into state house should be seen to champion the culture of constitutionalism before the veneer of reformer erodes to expose hypocrisy and double speak. Constitution does not become right when it favors you and hazy when steps on your toes or the toes of your fanatical followers. Constitution is always right! Son of Nyandusi go on!

joshmemento@yahoo.com

Were MPs duped on taxes in New Law?

Were Mps duped on taxes in the New Constitution?

Updated on: Wednesday, June, 22, 2011 Story by: MEEME JOSHUA

From a sly and conniving scheme, MPs were made to believe that the constitution would be suspended over the requirement of public officers to pay taxes until the next elections. It is now dawning on many of them that they have been stealing from the tax collector and must reimburse the money backdated August 2010 when the constitution was promulgated. Mbadi and Co. cannot understand how they would be required to part with Sh 2.9 million and Sh 200,000 every month subsequently, when elections is just few months away. This shocker could not have come at a better time.

Gwaasi MP may speak for many of his colleagues who are burning with rage. But Mheshimiwa imagine, the poor people you represent have known this feeling for long and it has become part of their duty: to pay taxes. Your reasoning and logic is hollow. Ooooh, we have a mortgage which we need to service, ooooh we have a car loan that we are paying, ooooh we have debts that we are paying. Give Kenyans a break. We do not live in utopia; we also pay those bills, service our loans and pay you! Indeed majority of people who contribute to your pay walk from Huruma, Kibera, Mathare, Kawangware, Kariobangi to Industrial Area, just to make you happy, take your children to the best schools when you are busy stealing money for FPE, have the best medical cover when they are dying in numbers from preventable diseases, and give you a decent meal when they are dying of hunger. And now you find it hard to part with a fraction of that money? Are you selfish or stingy?

It is unfortunate that Mbadi and Co have failed to realize that the money they are paid every month comes from every coin squeezed out of 'mamamboga' in terms of taxes. This is the same person who must contend with one meal per day when it is available, so as to foot bills of opulently extravagant representatives. However commonsense tells me that representatives must have the characteristics of the represented population. MPs never skip their meals; if they do it is because they have constipated; they never walk, when they walk they are crossing Parliament Road. Ironically, the people they represent are starving, emaciated and dying lot. There is dire need to strike a balance.

If MPs want to feel where the Kenyan shoe hurts then they must wear it: by paying taxes. Now comes the threat that you will be compromised. The truth is Mbadi and Co you have never acted in the interest of Kenyans. When there is an opportunity to cut deals in Parliament Kenyans issues take a back seat. Take for instance the passing of the DPP against public protestation that some issues needed to be ironed out. You disregarded the public mood and shouted reasoning down. You have no choice. Ranting and raving at cameras will not save from paying taxes. Indeed in ten days time, reality will sink deeper, but now it may seem like a bad dream that does not seem to go away.


Email joshmemento@yahoo.com

As Kenya come of age with the New Judiciary?

As Kenya come of Age with the New Judiciary?

Updated on: Monday, June, 21, 2011 Story by: MEEME JOSHUA

When Narc dislodged KANU from power in 2003, the nation was in a frenzy of enthusiasm; when National Accord and Reconciliation Agreement was signed after 2008 Post Election chaos, citizenry breathed a sigh of relief. More celebrations were witnessed when the New Constitution was promulgated August, 2010. The struggle for birth of freer Second Republic was climaxed with the appointment of Dr. Willy mutunga and Nancy Baraza to head the Judiciary: the third arm of the government. As the country endeavors to break away from its tainted past there are still many of us who still fantasize the status quo. To them the new appointments is not such good news.

With new faces and mannerisms in the Judiciary apex after appointment of Dr Willy Mutunga and Nancy Baraza to head the Judiciary in Kenya, optimism among Kenyans has been renewed. High approval of the duo notwithstanding the flawed process that saw the appointment of Keriako Tobiko as Director of Public Prosecutor, Kenyans stands on high pedestal of change; a change that we all want to be part of. Lest we forget, shenanigans of impunity have been shaken as the indomitable pair takes charge of the wheels of justice. Indeed these wheels were surely and definitely grinding to a halt. Thanks to the KANU regime carryover of Amos Wako. After the threat to throw out all the three nominees became real, Mps gave in to demands for the sake of Dr Mutunga and not for the suitability of Tobiko. History will bare them and separate them for individual evaluation.

While expectations are high so could be disappointments. Kenyans have shown frustration due to their leaders failure to effectively address their plight. Appointment of Mutunga as Kenya's 13th Chief Justice with 88 per cent public approval ratings is indeed a high stake. The question is will Kenyans now find it easier to seek fairness in the corridors of justice than resulting to mob justice and sale of justice to the highest bidder? Will the police have the motivation to arraign suspects before courts rather than sticking a bullet in the back of their heads? Will local Kenyans stop lynching suspected witches? Will Kenyans see an end to impunity in corruption and plunder of public resources? Are we about to see a culture of meritocracy as opposed to the current nepotism and kleptocracy?

Well, this is bagful of issues. But it is only time that will bill the Judicial System out. Passing a judgment now is premature. Elevating expectations could be heart-breaking. However standards must remain high when vetting public office holders. On this note the police vetting process is an effort in futility. An institution that seeks to reform itself should allow the accusers to have a chance to lay the accusations. The public are the people jilted by actions of omission and commission by police officers. It behooves the public to accuse the officers and let them exonerate themselves. We cannot allow another Atwoli style in the vetting process. To improve the trust of the police, there is need to be transparent in the vetting and not to seem to be hiding something. Kenyans want to exhume injustices by police officers and seek explanation. Without a fair process the public will continue to view the police as an institution belonging to the past.

Email joshmemento@yahoo.com

Just Where is Kenya headed with such politics?

Just where is Kenya headed with such politics?

Updated on: Monday, April 07, 2008 Story by: MEEME JOSHUA

WHEN President Kibaki and Prime Minister -designate Raila Odinga, signed the National Accord and Reconciliation Agreement, the country erupted into celebrations. But the celebrations have been giving way to anxiety over the delay in naming a cabinet.
The two Principals have now taken four weeks seeking ‘consultations with their supporters besides having three one in one meetings, including yesterday. Well, they finally settled on a huge cabinet expected to compound the misery of the ordinary Kenyan taxpayer. The future is bleak if the trend that has been set in the last 100 days continues.
A 40-member cabinet, two deputy prime ministers, vice president, Prime Minister and the President constitute a massive 45 members--- a large executive wing indeed considering that mention has not been made of assistant ministers. Kenyans are rightly desperate, crying of escalating food prices and generally high cost of living.
At this rate they are right in expressing doubt that the political class will pay heed to their suffering. They can see a ruling class that hold the general public in utter contempt or they would have paid heed to the outrage over the proposed cabinet number.
We may have voted to decentralize the executive powers but now it looks like shifting sands - our political saviours have mutated to become political tormentors. This proposed huge cabinet was not inspired by the need to serve Kenyans but to serve Kibaki and Raila.
It is one that reeks of selfish interests, because it is designed to please political shenanigans, pay back political debts and please the gods of ethnicity. Pundits have expressed skepticism on the efficiency and effectiveness of this cabinet even as Vision 2030 is our prime goal.
As Robert Greene notes in the book 48 Laws of Power, that to remain in power conceal your intentions--- “guide the people far enough the wrong path envelope them in enough smoke and by the time they realize your intentions, it is too late’’. Given the cabinet size, it can only be said that the intention of this coalition government are suspect.
As Kenyans ponder the inevitability of digging ever deeper into their pockets despite crying of high cost of living, a cloud of misery hangs ever so threateningly closer. Taxation is expected to rise and proportionately affect the prices of basic consumer goods.
And this as ministers wallow in obscene opulence ---a limousines, Four by Fours palatial homes and a battalion of security details! Do these people live in Kenya? The signing of the Accord and its subsequent enactment was just a smokescreen to cloud the real intentions of political leaders of gluttony.
Here is a lot who has all but forgotten the post-election violence and the amount of blood that drenched this land. If what has transpired in the last three months is setting the pace for the remaining 57 months of the Tenth Parliament, then we are really headed in the wrong direction.
The unity of purpose that we applauded has been converted into scramble for resources for those at the top and to satisfy political egos. During the campaigns, the selling message for the party manifestoes was - equitable distribution of resources, bridging the gap between the poor and the rich and generally improving the lives of ordinary Kenyans.
However, the promises seem to have been swept under the carpet and now our politicians are back to what they know how to do best--- squeeze and squeeze from impoverished Kenyans.
Do these political leaders serve, the electorate or the hangers on’ that must now get 40 cabinet posts? How wrong were our expectations! Let us look at the power balance in parliament. Why is there a reason to worry?
If say each Ministry gets two assistant ministers, then the Cabinet and the top leadership, then the August house will have 125 members in the government.
That means that only 95 members will be left to form the back bench. If the government is made up of ‘crème de la crème’ of the Tenth parliament then the remaining members can be considered intellectual rejects or people with little influence. Independent or critical thinking will be hampered.
During the clamour for multiparytism in the early 90s Raila together with the firebrand National Convention Executive Council (NCEC) opted for a perilous path to democracy and paid the price. They were tear-gassed, bludgeoned and spent nights in the cold in police cells fighting for democracy.
Now they have it but their inclinations are not democratic at all. Kenyans must, therefore, strength the hands of civil society and civil rights movements so as to carry out the task of playing ‘watchdog role in the absence of opposition in parliament.
A housefly follows the corpse into the grave but political leaders may be thinking that they are reaping from the ignorance of Kenyans but we may end up being buried together as a failed state.

Writer is a Journalist Email: joshmemento@yahoo.com