Open Letter to the President by Three Concerned Citizens

Open Letter to the President

  Open Letter to the President by Ni Sisi Kenya

Also recommended: How Uhuru could end up presiding over a corruptadministration. by Paul Mwangi. Sunday Nation, February 9 2014.

King's Speech Oops.. the Presidents Speech! Uhuru Kenyatta's Africa Union Speech

President Uhuru Kenyatta's speech delivered in Addis Ababa at the Extra Ordinary Session of the Assemblies of Heads of State and Government of the African Union was a Kantian moment in two instances. First, in terms of his presidency the president came out guns blazing against the West and their ideals of justice. Second, in terms of African Union politics the president has started a discourse that is certainly going to continue in terms of AU engagement with powers outside the continent.

In his speech the president was as blunt as they come and gave a stinging attack to Western Nations.

Some of the snippets from this speech below shows the president has had a change of heart albeit now that he is in power and as such the gloves are now finally off.

First, that world powers were hesitant to a process that might make them accountable for such spectacularly criminal international adventures as the wars in Iraq, Syria, Libya, Afghanistan and other places, and such hideous enterprises as renditions and torture. Such states did not, therefore, consider such warnings as applicable to pacific and friendly parties.

Secondly, it was the understanding of good-faith subscribers that the ICC would administer and secure justice in a fair, impartial and independent manner and, as an international court, bring accountability to situations and perpetrators everywhere in the world. As well, it was hoped that the ICC would set the highest standards of justice and judicial processes.

This speech represents a defining moment in Uhuru Kenyatta's presidency and as such we could start percing events in Kenya in context of the pre AU convention speech and post AU convention speech. What remain is to see if he will appear at the ICC on November 12, 2013 or he will follow the AU resolution that asked him not to show up at the Hague.

Find the Presidents full speech here

Trial Chamber V(b) conditionally excuses Uhuru Muigai Kenyatta from continuous presence at his trial starting on 12 November 2013

Press Release: 18.10.2013

Situation: The Republic of Kenya

Case: The Prosecutor v. Uhuru Muigai Kenyatta

Today, 18 October 2013, Trial Chamber V(b) of the International Criminal Court (ICC) issued its decision conditionally granting, the request to excuse Uhuru Muigai Kenyatta from continuous presence at his trial, scheduled to start on 12 November 2013. The decision was adopted by majority, Presiding Judge Kuniko Ozaki dissenting. The Majority however required Mr Kenyatta’s physical presence for the entirety of the following sessions: the opening and closing statements of all parties and participants, hearings when victims present their views and concerns in person, the delivery of judgement in his case and any other attendance ordered by the Chamber. If applicable, Mr Kenyatta is also required to be present during sentencing hearings, the delivery of sentencing, the entirety of victim impact hearings, as well as reparation hearings.

The Majority asserted that violations of any conditions of Mr Kenyatta’s excusal may result in revocation of the partially granted request, and/or the issuance of an arrest warrant, where appropriate.

The Majority reiterated, in a similar vein to Trial Chamber V(A)’s decision of 18 June 2013, which granted Mr Ruto a similar relief, that Mr Kenyatta’s excusal is strictly granted to accommodate the demanding functions of his office as President of Kenya, and not merely to gratify the dignity of his own occupation of that office.  

The Majority also stressed that granting such an exception is motivated in part by not only the need to ensure the fairness and expeditiousness of the trial in full respect to the rights of Mr Kenyatta as an accused, but also, the need for due regard for the protection of victims and witnesses.

Judge Chile Eboe-Osuji appended a separate concurring opinion, and Presiding Judge Kuniko Ozaki appended a dissenting opinion.

Background:

Mr Kenyatta is charged, as an indirect co-perpetrator, with five counts of crimes against humanity consisting of murder, deportation or forcible transfer, rape, persecution and other inhumane acts allegedly committed during the post-election violence in Kenya in 2007-2008. Charges were confirmed on 23 January 2012, and the case was committed to trial before Trial Chamber V(b).

In the context of the Kenyan situation, two other cases are currently before the ICC: The Prosecutor v. William Samoei Ruto and Joshua Arap Sang, and The Prosecutor v. Walter Osapiri Barasa.

On 18 June 2013, Trial Chamber V(a) had, by majority, granted Mr Ruto a conditional excusal from continuous presence at his trial. However, on 20 August 2013, the Appeals Chamber suspended the implementation of this decision, pending a final determination of the matter. The Appeals Chamber will issue its decision in due course.

The International Criminal Court is an independent, permanent court that tries persons accused of the most serious crimes of concern to the international community as a whole, namely the crime of genocide, crimes against humanity, war crimes and the crime of aggression.

Stinging Criticism of Kofi Annan by Eric Ngeno - Uhuru Kenyatta's Speech Writer

The gloves are off and in the run up to November 12, 2013, the day President Uhuru Kenyatta is expected to appear at the International Criminal Court. The administration seems to take all avenues to prevent such an occurrence. There has been lobbying of African Heads of State through the African Union Forum and I presume there has been other avenues that have been sought [diplomatic or otherwise].

However, as that goes one there seems to be a movement to injure the reputation of Kofi Annan, former UN secretary General and mediator of Post Election Violence in Kenya. Today's opinion piece in the Daily Nation by the President's speech writer is a panacea on what the administration thinks of Kofi Annan. Eric Ngeno goes ahead to call the former United Nations Secretary General Kofi Annan a conductor of the International Arena.

We wait for the next few days and see the play of action from all quota's.
  

Mid-Week Shocker: Arrest Warrant Issued for Walter Barasa on Suspicion on Corruptly Influencing Wittnesses

Walter Barasa  | Courtesy of the People News 

Yesterday [Wednesday October 2, 2013] at around mid-day the news of an arrest warrant against Mr. Walter Barasa began to percolate in the dynamic blogosphere and micro-blogging platforms. This was through the unsealing of the arrest warrant that had been issued to Kenya a while back.

This arrest warrant being the first for Kenya and the first in the history of the court for offences of interfering with witnesses is no doubt a game changer. Immediately, folks close to the establishment read malice and posted this comments on social media;

Two weeks ago, Prosecution: "Mr. President your Honours, in the coming days Co-operation will be "tested"....two weeks later...."warrants of arrests issued".....it is easier to defend a guilty man than an innocent one. The Lubanga case shows that the ICC will stop at nothing; stoop to unimaginable depths while acting against even the Rome Statute, in order to TEST co-operation. - J. Mbiuki - Counsel at the Presidency

Then today came the announcement by the Attorney General Githu Muingai that the arrest warrant would be subjected to the Judicial process which will determine if the state will hand over Mr. Barasa to the ICC. So we are bound for some interesting times ahead.

Listen to the Prosecutor making an announcement that preceded the announcement of issuance of an arrest warrant against Mr. Barasa 

Press Release from ICC 

Press Release: 02.10.2013

Arrest Warrant Unsealed in Kenya situation: Walter Barasa suspected of corruptly influencing witnesses

Situation: The Republic of Kenya
Case: The Prosecutor v. Walter Osapiri Barasa

Today, 2 October 2013, Pre-Trial Chamber II of the International Criminal Court (ICC) unsealed an arrest warrant against Walter Osapiri Barasa, Kenyan citizen, born in 1972. He is charged with several offences against the administration of justice including corruptly influencing or attempting to corruptly influence ICC witnesses. An under seal warrant of arrest was issued against him on 2 August 2013. This is the first case before the ICC where a suspect is charged with an offence against the administration of justice, in accordance with article 70 of the Rome Statute.

Judge Cuno Tarfusser, Single Judge of Pre-Trial Chamber II, considered that the evidence presented by the Prosecutor established reasonable grounds to believe that Walter Barasa is criminally responsible as direct perpetrator for the crime of corruptly influencing or, alternatively, attempting to corruptly influence witnesses by offering to pay them to withdraw as ICC Prosecution witnesses in the context of the Kenyan cases before the ICC. Allegedly, he has been and is still acting in furtherance of a criminal scheme devised by a circle of officials within the Kenyan administration.

Based on the Prosecutor’s evidence, Judge Tarfusser also found that it is necessary to arrest Walter Osapiri Barasa to ensure his appearance at trial, to ensure that he does not obstruct or endanger the investigation or the proceedings, and to prevent him from continuing with the commission of the crime.
The International Criminal Court is an independent, permanent court that tries persons accused of the most serious crimes of concern to the international community as a whole, namely the crime of genocide, crimes against humanity, war crimes and the crime of aggression.

Video of  press point by the ICC Prosecutor on the arrest warrant against Walter Barasa

Re-ducted Arrest Warrant against Mr. Barasa  can be found here: Arrest Warrant against Mr. Barasa

An Eye on the Horn of Africa: Commentary by Prof. Peter Kagwanja on the EastAfrican – Aug. 3-9 2013

Last week’s commentary by Prof. Peter Kagwanja* on The EastAfrican caught my eye because it paints a picture of the role of international actors in the region. Perhaps my take away from his commentary is that we may be witnessing the entry of Somalia as the new play ground of global actors.

The unveiling of Unisom is also taking place against the backdrop of the discovery of valuable mineral and energy resources. This is raising fears in America and the European Union over a ‘Chinese takeover’ on the region and thrusting Somalia into the forefront of the fierce scramble for Africa’s strategic resources. This, in turn, is fueling renewed militarism, now everywhere fashioning the geopolitics of the horn. - Prof. Peter Kagwanja

Considering the considerable interest Somalia has been getting be it the Western interests as the professors points out to the interests of China as feared out by the west plus the invasion of the Turks to the party as it were things are bound to get interesting. Given also Kenya has a military presence in Somalia and would want to reap the peace dividends it remains to be seen if the entry of Somalia will be through Kenya. The unfolding Foreign Policy under Uhuru administration seems t be going that route given the president has spoken of strengthening intra Africa trade plus the rise of new wave of pan-Africanism.

* Prof. Peter Kagwanja is the CEO of Africa Policy Institute

Observation: Samantha Power at the UN should be a consern to UhuRuto Government

Samantha Power replaced Susan Rice as the next US ambassador to the United Nation. Recently we witnessed the UruRuto Government flexing its muscle by lobbying African government to support their cause through the African Union. This was an expected move from the two considering they currently facing charges at the ICC. however, the appointment and confirmation of Samantha Power should put some brakes into the recently adopted AU position on ICC cases. According the leaning of power and writings then the coming times should be pretty interesting to watch.

But Power's staunch advocacy of U.S. intervention on moral grounds has long appealed to neoconservatives who share her view that the principle of sovereign national borders is not absolute

Recommended reading 

All the President’s Men: The Men and Women Advising UhuRuto Government

It is almost one hundred days since Uhuru Kenyatta ascended to the presidency and the coming into office of the Jubilee government. A lot has taken place in the last ninety days and while the jury may not be out on how President Uhuru Kenyatta will is expected to perform we have the first hundred days as a yard stick to measure his leadership mantle. The most significant occurrence for me was the announcement of the cabinet which left even the most astute political commentator’s way off. However just like the previous governments and all governments for that matter there are what is normally called the presidential men/women. Below are some key folks to watch out in UhuRuto government.

Key Presidency Staff

1. Chief of Staff and Private Secretary to the President Jomo Gecaga [President's Kin]
2. Head of Presidential Press Service - Isaiah Kabira [President Kibaki's PPS]

1. Chief of Staff for the Deputy President  - Marianne Kitany
2. Private Secretary - Reuben Maiyo
3. Head of Deputy President Press Service - David Mugonyi

Advisors

1. Abdikadir Mohammed - former MP and an instrumental figure in drafting of new constitution
2. Joshua Kuttuny - former MP and a Ruto diehard
3. Sam Ongeri - former MP & foreign affairs Minister who supported Uhuru in Kisii land
4. Jasper Mbiuki - lawyer who is also TNA legal secretary, instrumental in setting up TNA and seconded the president at IEBC
5. Nancy Gitau - Kibaki's political adviser who is said to know where the wind blows
6. Nixon Korir  - URP official

Functions

Abdikadir is in the presidents special adviser on devolution and constitutional affairs and is based at State House while Sam Ongeri, is the special adviser on governance issues. Kuttuny is a special adviser on political affairs. These three are based at Harambee House in the city centre.

Former Treasury PS Joseph Kinyua is the special adviser on finance and economic affairs while KenGen MD Eddy Njoroge is the government’s adviser on energy and petroleum.

Jasper Mbiuki is a legal adviser to the Presidency while Nancy Gitau is a special adviser on governance. These two are based at State House.

Nixon Korir is a special adviser on youth affairs and special projects and is based at Ruto's Harambee Avenue office.

Source the star