Inspector General can atleast tell Kenyans who this senior police officer is, he is of the rank of at least Chief Inspector or superintendent. Anybody knows this officer?
The post EXCLUSIVE VIDEO: Another Video That Shows Senior Police Officer Brutalizing University Student Emerges appeared first on Kenya Today.
By Julie Ellefson
And Baba says:
“Our people are still hurting: millions of youths still don’t have employment; the economy is stagnating with companies closing their businesses. The youth unemployment in kenya is the highest among its neighbors in Africa, standing at 40%.
Parents of millions of students had to pay millions of shillings in school fees this term because Uhuru and Jubilee Temporarily delayed our programs when they decided to subvert the will of the people by bungling the 8/8/17 elections.
Both NASA and myself are committed to ensure that those Kenyans without Jobs will have employment; that Kenyans have both free primary and secondary education; that single parents have the necessary government assistance to make life manageable; that our nurses and medical practitioners are paid properly to ensure that citizens have access to quality and affordable healthcare; that we as a government have enough and sufficient food to feed our people.
Our mission has been simple; to lower the costs of living to all Kenyans irrespective of their tribe, religion, or their last names; provide opportunities where Kenyans can engage in meaningful work to earn a decent salary to support their families; and develop a nation where those who work hard are assured of success.
Our government will be a government of the people, only driven by the desire to make kenya great again.
Under NASA, Kenyans are in safe hands.
Though our progress was delayed, but I promise you that when we take over government, we shall implement our agenda of improving the lives of Kenyans from Day one.”
– Hon. Dr. Raila Odinga: NASA & People’s President.
The post ‘Baba’ Statement on Nakumatt Supermarket Closing Down, More Jobs Lost As Corruption Reins appeared first on Kenya Today.
By Donald Rabala
Here is my take on the Election Laws (Amendment) Bill that is currently before Parliament.
1. The proposed amendment to the definition of “chairperson” of the IEBC (as read with the proposed amendment to section 6 of the Independent Electoral and Boundaries Commission Act) offends the Constitution in two ways.
First, the amendment conflates “chairperson” with “member” of the IEBC when article 250 (2) of the Constitution envisions that every constitutional commission shall have a chairperson and members. Secondly, the amendment would effectively/potentially enable an ordinary member of the IEBC to declare presidential election results when article 138 (10) of the constitution reserves this function to the chairperson of the Commission.
The question here is whether Parliament can enact a law that permits an ordinary member of a commission to perform a function which the Constitution vests in the chairperson of the Commission.
2. The proposed amendment to section 6 (1) of the Independent Electoral and Boundaries Commission Act will remove the requirement for the IEBC chairperson to be a lawyer who is qualified to be a Judge of the Supreme Court.
The amendment will also permit persons who are not lawyers to be appointed chairperson of the IEBC. While there is nothing patently wrong about allowing other professionals to head the IEBC, its constitutional and statutory functions naturally point to the need to have a serious legal mind heading the Commission.
The amendment also departs from established norm not just in Kenya but in most countries with a common law legal system.
3. The proposed amendment to paragraph 5 of the Second Schedule to the Independent Electoral and Boundaries Commission Act will reduce the quorum for transacting business at the IEBC from five to three members. While this may be technically tenable, there is a problem.
The total membership of the IEBC is seven. If three constitute a quorum, it means a minority composition of the IEBC could make decisions that bind the majority.
In practical terms, with the quorum reduced to three, it means two commissioners could make binding decisions for the IEBC when the law provides for a membership of seven. Matters get even more interesting with the proposed amendment to paragraph 7 of the same schedule, which allows a majority of the members present and voting to make binding decisions for the IEBC. Whether this is unconstitutional, democratic or even logical is debate for another day.
4. The proposed deletion of section 29 of the Elections Act will enable a presidential candidate to be nominated by persons from different political parties. It will also allow independent candidates to be nominated by persons who are members of political parties.
This amendment is unconstitutional to the extent that it makes nonsensical the political party system as the mainstream mechanism for canvasing for elective offices. It will also erode the idea of discipline and loyalty to and within political parties.
5. The proposed section 39 (1D) of the Elections Act (and the related amendments) states that in the event of discrepancy between electronically transmitted and manually transmitted results, the manually transmitted results shall prevail.
The amendment is misconceived and arguably unconstitutional in three cardinal respects. First, it ignores the historical context for the use of technology in our elections as set out in the Kriegler Report. Remember the late Samuel Kivuitu lamenting that some returning officers had disappeared with the manual results in 2007, including returning officers just a stone’s throw from the national tallying centre? Secondly, the proposed section assumes that the manual election results are incapable of manipulation, contrary to what we painfully learnt in 2007.
Put differently, a mischievous presiding or returning officer could electronically transmit the correct election result but manually transmit a fraudulent result, making a complete mockery of this amendment. Thirdly, the amendment runs afoul of the provisions of article 86 (d) of the Constitution, which requires the IEBC to put in place appropriate structures and mechanisms to eliminate electoral malpractice. Indeed, the infusion of technology into our electoral processes was largely informed by this constitutional imperative.
6. The proposed amendment to section 44 (5) of the Elections Act will make it possible to hold sham elections. In particular, it will remove the obligation on the part of the IEBC to (inter alia) test, certify and audit its ICT system. It will also remove the obligation to grant access to the electoral system software source codes. It is not hard to see what inspired this proposed amendment. It stems from dissatisfaction with the orders made by the Supreme Court granting the Petitioner partial access to the IEBC’s electronic systems and platforms. I don’t know why anyone who believes in free, fair and transparent elections would want to make the amendment, but that is a debate for another day.
7. The proposed amendments to section 83 of the Elections Act are unconstitutional in multiple respects. First, they purport to require persons who file an election petition to prove both non-compliance with the principles set out in the Constitution and that such non-compliance affected the results. This offends the provisions of Article 2 (4) of the Constitution. It also offends the provisions of Articles 10, 38, 81 and 86 of the Constitution. In short, it creates room for the holding of sham elections, such as those we have witnessed in Uganda, Burundi, Rwanda etc. Secondly, the amendments purport to excuse all irregularities in election declaration forms as long as they are not calculated to mislead. The thing is, only the respective presiding or returning officers would know whether the irregularities were designed to mislead. The amendments would also permit the situation we saw at the Supreme Court, where one could not tell the official Forms from the unofficial or forged ones.
8. The proposed section 86A of the Elections Act purports to say who can and who cannot run in a fresh election in the event a presidential election is nullified by the Supreme Court. The problem here is that there is no constitutional basis for purporting to restrict who can and who cannot run in the fresh election. Further, the proposed amendment is based on obita dicta from the discredited decision in Presidential Election Petition No. 5 of 2013. The thing is, of the various types of “fresh election” envisioned in article 138 to 140 of the Constitution, only one has a constitutional limitation on who can run and who cannot run. The one addressed by the proposed amendment is not one of them.
9. The proposed section 6A of the Election Offences Act seeks to punish presiding and returning officers who are responsible for errors and omissions in election result declaration forms. The penalty is imprisonment for a term of five years. The ironical bit is that according to the amendment bill, those same errors and omissions, which would land one in jail for five years, cannot invalidate an election.
What am I trying to say? Well, I have a knack for strong language. But you must pardon me. I know the heartache from the decision of the Supreme Court is real in some sections of the political class. But the Election Laws (Amendment) Bill 2017 currently pending before Parliament is the most stupid and dangerous legislative Bill I have come across in my short legal career.
Courtesy of Wakili Muthomi Thiankolu
The post REVEALED: Why Uhuru Proposed Election Laws Will Be Declared Unconstitutional appeared first on Kenya Today.
QUESTION AND ANSWER-SPOKESPERSON PRESS BRIEFING October 1, 2017
Question1:
On Police brutality, how police handled the demonstrators during the NASA demonstrations and also the students at the Nairobi university, when again the police went hostile, went to the classrooms and now some videos circulating on social media. What do you say about that?
Question2:
And now about the issue of food shortage? We have people in Ganze, we have people even in Kajiado whereby they are selling their livestock at throwaway prices because of drought.
Question3:
Ya mwisho, nitauliza kwa Kiswahili kuhusu hizi sheria. Mswaada wa sheria za uchaguzi ambazo zimewasilishwa na wabunge wa Jubilee, wengi wamesema ya kwamba ni sheria zinaturudisha enzi za kikoloni. Sijuia maoni yako ni nini?
Let me start with the police brutality. As you know, Police IPOA has already launched investigations and the IG of police is also investigating the matter.
No one wants to see any violence brought to any one, leave alone in a university campus. But the students also have to ensure that rogues that are robbing people along the streets and highways don’t end up in university hostels. University hostels must not be the refugee for thugs roaming the streets in the name of demonstrations. However, this is the matter I have just said is being investigated by IPOA and also is being investigated by the IG. And obviously, if any one is found culpable then they will be dealt with according to the police codes, terms of service.
In the second matter of drought, the PS for agriculture Mr. Lesiyampe was only saying last week that this is the matter the ministry has at hand. As you know, we have a livestock off-take programme for areas that continue to be affected by drought and the Ministry has also been given, in the supplementary budget, Kshs 3 billion to deal with drought. In terms of how they plan to do that, the Ministry has already said that the subsidy programme will end in October in terms of imports but they are going to start buying maize that is coming on stream from our key producing areas. That should be able to alleviate some of the immediate hustles related to the drought situation.
On the amendments, let me say them in English first, might help my head translate them faster.
Obviously if you are mentioning wengi, sijui hao wengi umetoa wapi, kwa sababu kwani umefanya research wapi, survey wapi ili useme wengi wa watu wanahofia sheria hizo zitakuwa sheria ambazo zinaturudisha nyuma. Kama hujafanya hiyo research tafadhali tuheshimiane, hakuna kitu cha wengi hapo. Kuna wachache ambao wamesema hivyo mimi pia nimewasikia lakini hakuna ukweli wowote kwa jambo hilo.
What I want to say is this, the Supreme Court clearly said that Parliament needed to do something about clarifying the laws. Parliament needed to clarify the laws. It didn’t say politicians at political rallies needed to clarify the laws. It didn’t say we, journalists, needed to seat at a pub and clarify the laws. It didn’t say high schools students should debate and clarify the laws. The Supreme Court said Parliament needs to clarify the laws. Parliament is now clarifying the laws and we cannot pretend that the Supreme Court didn’t say these things, it did and as the Deputy President was saying in Kakamega yesterday and his sound bite was good so I can repeat it here. He asked these leaders in Kakamega, if a chicken thief can be jailed for that crime, you are jailed for stealing chicken, why shouldn’t you be jailed as a returning officer for refusing to sign the form or omitting to sign the form or forgetting to sign the form, in which you then consciously, because you must that it has the consequence, you negate the will of the people. People have voted, you have not signed the forms, you have pretty much negated their vote. I think you have got to look at that and think, a presiding officer who doesn’t sign, a returning officer who doesn’t sign, they need to be punished for that it is a crime, it is a crime against all us Kenyans.
Secondly, if you have a rule that says only the chairman can declare and well for some reasons the chairman is not available so who should declare? Those are the things that the Supreme Court asked for, and I think these amendments clarify. So, if there is the vice chair and the chair is not available the vice chair takes that role. So, if you tell me these things return us to the dark ages, maybe those dark ages some of us were never in them so we wouldn’t know what dark ages mean. But I can assure you that I have been around as a journalist like yourself since the 1990’s. We have made a lot of progress and I don’t think that we have the potential, just the mere potential, of returning to the dark ages no! What the Supreme Court asked for is clarity. What Parliament is going to give the Supreme Court is clarity so that never again in our country can an election, leave alone that of the president, be nullified without checking actually what was the will of the Kenyan people.
Question4:
You have already mentioned the situation in the country is already hurting business. Tomorrow is day one of the planned demonstrations by the opposition. I would want to know what steps or measures has the government taken to ensure that normal operations, normal business and operations are not interrupted by tomorrow’s demonstrations and what assurance do you give to members of the public?
Answer:
We are telling Kenyans to turn up in large numbers to continue with their business as normal. That their businesses will be protected, that security will be in full force to ensure that people and their property are not infringed upon, and that to the extent that the demonstrations are peaceful, they are allowed under our Constitution, they can sing, they can match, they can walk, they cannot throw stones, they cannot beat up people, they cannot lynch at anyone. Those things that are not allowable within the Constitution, they cannot do. But we are telling Kenyans that demonstrations will not fix the problem. The Supreme Court clearly said, Parliament. Parliament is working on what it needs to do. Now also let me just mention on this, there is a group of people in this country who think that whenever there is a national issue that needs to be sorted it must be removed from Parliament. And I ask them why did we elect a Parliament? Why do we vote for these institutions? Why do we give them budget. If any time we have to make a decision , a decision that can be decided by the existing institutions, why do we move outside the institutions. Moving outside institutions that are established to do this work, you will know, is no more demagogue, so demagogues will do this type of things because you thrive outside the established space, you thrive in anarchy. But this country has institutions, so demagogues really have to find their place because institutions in this country will be allowed to run.
The post ..This Is What Uhuru Statehouse Said About Police Brutality On Innocent University Of Nairobi Students appeared first on Kenya Today.
THIS IS WHAT I RECEIVED FROM AN ANONYMOUS POLICEMAN.
Dear Sir,
I know you don’t know me and I also don’t know you but I have many times seen you on national television channels talking a lot of sensible things to Kenyans. So when I checked your name on facebook I found it. The reason I am writing to you is this. I am a police officer serving in the Kenyan police service and I have a daughter at one of the universities in Kenya. My wife is also an officer serving at a different station. Our daughter having joined the university is one of the greatest things that ever happened to us so when my wife received a video of some of our colleagues brutalizing girls the age mate and innocence of our daughter I felt unbearable pain and I felt like murdering someone in retaliation. When I saw innocent girls and boys being pulled out of the safety of their beds and desks I felt like walking out of the force and going out to protect the innocent with my blood. It was painful to see and officer who swore with the Bible to protect life and property separate an innocent girl from the rest and brutalize her in the presence of others, it was painful and I started wondering who had ordered them to do so and with what aim.
I have been in the force for many years including several years that I served at central police station in Nairobi and one thing that I know is that students who cause trouble never run back to the hostels or lecture halls but rather disappear in the city visiting their relatives.
Many of these girls and boys being brutalized are from poor families like ours and of those officers who defiled them. Those of the rich are either abroad or live in private apartments.
What is more painful is how can a national leader send officers to go and rape innocent citizens and destroy their lives just keep power. Aren’t all human beings equal before God.
Even though my daughter was not among those defiled, I will one day get an opportunity to revenge for my daughters age-mates and colleagues in a way which I know best.
Despite all these many things that I have written, the reason why I decided to address this issue to you is so that you make it a topic of your discussion and let my fellow force members know that other than the uniform and the gun they are also Kenyans and they may also have friends and relatives among the Kenyans they rape on a daily basis. One day we will be out of the force or simple be on the other side of the law and wish we inculcated in our colleagues the sense of fairness and rule of law.
Majority of those who brutalized our young daughters also looked young but it will not be long before their own daughters also get to university and they will feel the same pain me and my wife felt.
Sir, I am sorry for bothering you but now I feel better that somebody responsible has heard my feelings.
I am not from your tribe or Babu Owino’s. But I also know the officers did not check tribe first, they did not find out first which students sympathized with Babu either. They have been given a blank cheque to have fun with people’s daughters because Jubilee must punish their enemies, real or imagined. Let the world know.
The post Finally An Ordinary Police Officers Speaks Out Over Brutality Against University Students appeared first on Kenya Today.
By H Omollo
The Kenyan people ,tired of rigged elections and illegitimate authority obtained through fraud come out tomorrow to exercise the right to picket as outlined in our constitution under article 37.
As we plan to be on the streets tomorrow,let us remember that its numbers that matter.
We must therefore come out in large numbers.
I am a resident of Kisumu and NASA should mobilize all its bastions to be on the streets tomorrow .
Successful peaceful mass protests require numbers and clear direction and control. This must be coordinated early enough.
So as we plan to have a controlled protest, so should we work on information dissemination and coordination of activities.
I expect Kisumu team to have a protest route that begins at Kondele and ends up at IEBC offices with a clear petition delivered.
Similarly I expect the people of Nairobi to begin theirs in a similar way say from Uhuru park or Kibera grounds all the way to anniversary towers.
For those in Mombasa the same should begin from Mama Ngina drive all the way to IEBC offices wherever they are. Same to Kakamega,Busia,Machakos,Bungoma etc.
If all major towns do the same then we will have sent a strong message.
In order to reduce casualties from the repressive regime, a few lessons are essential to the members of the public. Rule number one, do not agree to scatter. Stick together always , this reduces incidences of police shooting. Secondly mobilize in very large numbers. The bigger the crowds the more scared the law enforcers in breaking up the protests.
Finally have peace marshals amidst the crowd to help deal with bad elements in the crowd.
I will be in my sneakers tomorrow . I am ready for my country, are you ?
The post Tips To Success Anti-IEBC Demonstrations Tomorrow Across The Republic appeared first on Kenya Today.
