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Makau Mutua wants the corrupt to be beheaded

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Thomas Sankara, the Burkinabe revolutionary cut down in his prime, renamed Upper Volta Burkina Faso, the Land of Upright Men. Methinks it was the land of Upright Women too. But you get the point – under Sankara’s rule, Burkina Faso would cease to be the land of a thieving, conniving and corrupt elite.

LEGAL-POLITICAL WAR

In Kenya, the administration of Jubilee’s Uhuru Kenyatta has not renamed the country yet. But Mr Kenyatta has made it clear – at least rhetorically – that corruption is Kenya’s most malignant vice. I agree. But talk is cheap. Mr Kenyatta must put his money where his mouth is. He can’t blink, or retreat. The International Criminal Court will be his legacy if he can’t politically guillotine the corrupt.

Corruption in Kenya is not a legal problem. Not by a long shot. It is fundamentally a political problem. One cannot gainsay the utility of the law in fighting corruption. But only a fool would conflate law and politics. The law is a servant of politics, and does only that which politics permits. However, that does not mean that the rule of law, or fidelity to social justice and fairness, must be vitiated by politics. Nyet – the law is inherently political and that is the only reason it is not blind, or impervious, to injustice. So, let us get this straight – the law cannot be apolitical. That is why Mr Kenyatta must wage a legal-political war against the corrupt.

READ ALSO:   VIDEO: I have lost many friends because of bomoabomoa - President Kenyatta

The arrest this week of Treasury Cabinet Secretary Henry Rotich and Principal Secretary Kamau Thugge along with the mandarins implicated in the colossal Arror and Kimwarer dams scandal could be a turning point in Mr Kenyatta’s putsch against the corrupt. How his government executes the legal fight to prove Mr Rotich’s culpability will speak volumes about his political gumption. Kenyans want to see the corrupt prosecuted, convicted, and frog-marched to jail. As a law professor – one who is faithful to the rule of law – I believe criminal guilt must be proven beyond reasonable doubt. But the presumption of innocence cannot be the reason to rig the legal system in favour of the corrupt. Legal paganism is the refuge of corrupt scoundrels.

 

All those charged, or indicted for corruption, must leave public office at once. They cannot hold public office while under indictment. Mr Kenyatta has taken the right step in replacing CS Rotich and PS Thugge. Alleged co-conspirators must be sent packing in shame. Mr Kenyatta must sever their bureaucratic heads without pity. They should not merely “step down”. No – they must vacate the public offices they hold without any possibility of return. The correct nomenclature is separation from service – a total guillotine. Public shaming as a prelude to criminal sanction is a powerful signal to the corrupt that the vice has no place in Kenya. The power of demonstration will put oomph in Mr Kenyatta’s futile protests against the corrupt.

READ ALSO:   Inside Kenya's deeply divided Cabinet

It is nary a secret that the dams scandal that has felled Mr Rotich has already been politicised. Senator Kipchumba Murkomen, the political greenhorn, has already tribalised the criminal investigations into it. His political godfather, the irascible William Ruto – who also serves as the constitutionally independent deputy to Mr Kenyatta – reads a sinister purpose in the fight against corruption. To him, the fight against corruption is only intended to stop him from ascending to State House. As if to emphasise the point, Mr Ruto has insisted on continuing to pour millions of shillings into church coffers every Sunday. He does not care when citizens ask where he gets the money for such massive giveaways, which he euphemistically calls “tithes”.

POLITICAL BLACKMAIL

In Kenya, every senior figure accused of corruption runs to hide under the skirt of the tribe. It is nothing but political blackmail. The sad thing is that it works every time. It is a war chant by those who are guilty. They dare the state to hold their corrupt sons and daughters accountable and bear the consequences. Typically, Mr Kenyatta retreats when confronted with such tribal blather. This is the question – will he blink again? My crystal ball tells me that this time round he will stand his ground and call the bluff of his erstwhile political allies. He has nothing to lose and everything to gain. The time has come for Mr Kenyatta to say enough is enough, and mean it.

READ ALSO:   BREAKING: Evans Kidero arrested again

Finally, let me end where I started. I invoked Sankara’s name, the martyr betrayed by his political comrades for raw power.

Politicians often make unpalatable bargains to capture office. Call them Faustian bargains. Mr Kenyatta and Mr Ruto entered into Faustian bargains in 2013 and 2017. That pact has now been put asunder because its raison d’etre has reached obsolescence. Will Mr Kenyatta rise from the ashes of that ignominious pact to leave a legacy that “Upright People” can be proud of? Or will he retreat – again? Will he blink and hand the baton to Mr Ruto?

BY MAKAU MUTUA,  SUNY Distinguished Professor at SUNY Buffalo Law School and Chair of KHRC. Twitter: @makaumutua.


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Business

Cry of a Kenyan man whose Multi-Million-Shilling Apartments have gone unoccupied for 4 Years

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A landlord in Kenya has been left counting losses after his real estate retirement plan goes down the drain.

85-year-old David Ndolo from Kitengela told the media that he had lost more than Ksh10 million in rent after his multimillion apartment block stayed unoccupied for 4 years.

Ndolo says he built the multi-million-shilling property in Kitengela, Kajiado County through his pension savings. Its construction was completed in 2014.

The building consists of five bedsitters and 19 two-bedroom houses, which should earn him a total of Sh250,000 per month.

“I have watched helplessly as my retirement investment crumbles,” he lamented.

According to neighbors, his tenants started fleeing due to sewer water suspected to be coming from an adjacent building linked to a retired government official.

Ndolo’s troubles began in 2014 when over 200 tenants occupied the adjacent building and sewer water started seeping into his apartments.

He says he reported the matter to the National Environmental Management Authority and public health officials but the authorities closed the building instead.

His daughter Roselyn Ndolo said that officials ordered the closure citing that the apartments were a health hazard.

When contacted by journalists, Kitengela Public Health Officer Benard Kiluva stated that he did not have enough information on the matter since he was recently posted to the area.

READ ALSO:   You'd kill yourself if you knew my property, Waititu tells critics

Kajiado NEMA Director Joseph Kopejo promised to visit the site to probe the matter.

Government officials say Many landlords in the country have been contravening these provisions by either discharging untreated effluent into a public sewer or discharging it into the environment without an effluent discharge license.

“According to Kenyan law, it is illegal for  any person from discharging any effluent from sewer treatment works, industry or other sources into the environment without a valid effluent discharge license issued by the authority,” said a NEMA official.

 


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Diaspora

VIDEO: Kenyans in Diaspora reject BBI report, referendum

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A lobby for Kenyans  in the diaspora is urging voters to reject the  Building Bridges Initiative report in the  referendum being championed by President Uhuru Kenyatta and ODM leader Raila Odinga.

According to Commonwealth Voter Privileges Right Association (COVPRA) the report is being imposed on Kenyans after the views of  certain groups and  elected leaders views were rejected..

Uhuru and Raila have rejected amendments to the final report saying those opposing it had time to give their views to the fourteen member committee they appointment.

 

The lobby avers that the recommendations in the final report do not represent the position of all Kenyans and a contested referendum would divide Kenyans.

“Kenyans should reject the BBI report. It is two man initiative that is being imposed on the people. The clergy have rejected it, several groups have rejected it. It’s not a Wanjiku Initiative. A few people and their surrogates want to change the Constitution for their personal gain,” Mr David Kimengere Waititu, the association’s Organising secretary told the Nation.

“It would have been  necessary to allow debate on all the issues that  arose in the final report  before coming  up with a bill. Kenyans are being taken for a ride,”  he said.

READ ALSO:   VIDEO: Watch Live as Waititu and wife arrive in court, appear before magistrate

In June the group petitioned the committee  led by Garissa senator Yusuf Hajji to allow views from all dissenting voices saying all Kenyans should be allowed to participate.

“Freedom to Assembly, Freedom of expression and Freedom to political participation are so important in a  process like this one. It would be a sham  if the BBI Team was to ignore the views of some Kenyans. During the  meetings to sensitize the public on the initiative,” Kimengere said.

Leaders allied to Deputy President William Ruto and civil society are opposed to some of the proposals in the final report.

The group says a contested referendum would leave the country divided.

“We do not want a process that would leave Kenyans more divided. Let all Kenyans reject this report in a referendum to save their country from a few people who think they own Kenya.  We in Covpra, have our motherland at heart,” he said.

 Covpra said that the future of Kenya lies in the hands of the hollo polloi and not it’s leaders.

“ We call upon the Kenyans poor not to buy to the schemes of the dynasties. Let us protect our country by rejecting this monster called BBI if it goes to the referendum.

The group said in a statement that Kenyans should reject plots by politician to engage in chaos.

READ ALSO:   CORRUPTION: Kenyans in US want their country "closed for renovations" [PHOTOS]

“At the end, this might result to   a badly contested referendum and  create a poisoned society ahead of the 2022 general elections. Let’s refuse any incitement to violence and stand up against the dynasties to shape the future of Kenya,” he says.

In their June petition, the group cited the strained relations between the Executive and the Judiciary and the fall out in the ruling Jubilee party over the process as a matter of concern.

“Our position stands that there is no proposal  to fix the simmering tensions between the two arms of government and between the two leaders of the Executive,” Mr Kimengere stated.

-nation.co.ke


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Diaspora

Life In America No One Tells You About

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BY BOB MWITI

Life in America no one tells you about. In this video, you will learn the following.

1.My journey to the US

2.Opportunities in USA

3.Challenges immigrants face in USA

4.How to transition from a student to a skilled worker in corporate America

5.The attractions & opportunities in the city Of Tampa

A Little Bit About Me!

I am a former international student in USA and I am a senior IT consultant in the areas of Oracle EBS Financials and Robotics Process Automation (RPA) here in USA. I am the programs director of Appstec America – A consulting company based in Tampa, Florida, USA.

I’ve been blessed to have learned a lot in my career as an IT consultant. My life has truly changed, and I’ve made it my mission to give back and serve others beyond myself. Whether that be helping you to relocate to USA as an international student, train you as an IT consultant, help you start and build your own online business, creating your financial freedom, motivating you to pursue your goals and dreams, to being more productive, to inspiring you to constantly improve yourself.

My mission is to get you to wake up to the unlimited potential within you and achieve what you’re truly capable of through my various self-development training programs.On the internet, I openly and passionately share my life experiences and all of the very best concepts, strategies, tools, and resources that I continue to discover that have made a measurable difference to my life, and will do for you as well.

READ ALSO:   BREAKING: Evans Kidero arrested again

Keep your dream alive and never give up! To learn about my company’s amazing programs, please go to;

www.appstecamerica.com or www.successwithbobmwiti.com

Contact me at;
success@successwithbobmwiti.com
info@appstecamerica.com
+1 813-573-5619 ext 402


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