Showdown looms as Cord plots Parliament siege to block key Bill

Opposition politicians have vowed to seal off Parliament Buildings tomorrow to stop MPs from passing a security Bill on terrorism, raising the possibility of a clash with police.


As a prelude to the siege on Parliament over the Security Laws (Amendment) Bill, which they describe as draconian, Cord leaders will today meet at the famous Kamukunji Grounds to rally the public behind the blockade.


The leaders are also planning a series of street protests and court action to block the enactment of the Bill because the “tyranny of numbers” will prevent a fair contest in the National Assembly.


Machakos Senator Johnson Muthama said Tuesday: “I want to tell Kenyans that on Thursday we will enter Parliament at 6am, we will also block Uhuru Highway. If they want to kill us, let them kill us because it is better than being a slave. Thursday is a big day for Kenya,” he said at Ufungamano House in Nairobi yesterday.


“National Assembly Minority Leader Francis Nyenze, Cord MPs and senators will meet at Kamukunji to demand the inclusion of the Senate in reviewing the Bill.


“There is no law, which affects counties, that can be passed without the input of the Senate,” he said.


Cord co-principal Raila Odinga outlined 10 reasons he thinks the proposed law is dangerous and should be opposed if democracy is to prevail and the freedom and rights of the people protected.


“The Bill introduces a new type of law that makes people responsible for the actions of others. For example, trade unions will now be liable to companies for economic losses resulting from strikes or to the government for causing traffic jams,” he said.


He added that the proposed law takes away the power to impose a curfew from the Inspector-General of Police and bestow it to the Cabinet Secretary. The decision, Mr Odinga said, would be on political grounds, not on professional security risk assessment.


He added that the Bill does not define what is “obscene”, “gory”, or “offensive” and therefore, interpretation would be at the discretion of the police.


“We saw our President protest strongly at the International Criminal Court at The Hague when the prosecution applied to Kenya to provide information. The President must also respect the same rights for the rest of Kenyans.


WESTGATE ATTACK


“The Bill limits the right of the media to give accurate information. The restrictions under the proposed law would have rendered last year’s coverage of the terrorist attack on the Westgate Shopping Mall in Westlands illegal.


“We would only have known what the police wanted us to know. The coverage of Mandera attacks would also have been illegal,” said Mr Odinga.


Siaya Senator James Orengo said the Bill should not be amended, but rejected, as the process through which it was published is unconstitutional.


BILL OF RIGHTS


“Parliament is trying to unconstitutionally pass 36 new laws in the guise of this single Bill. The government is deliberately violating the Bill of rights and eroding all the democratic gains we have made over the last two decades,” he said.


Constitutional Law Expert Yash Pal Ghai said the rash manner in which the Bill was prepared was suspect.


“The law has been amended under the Miscellaneous Amendment Act, but the contents of these amendments deny Kenyans key rights and freedoms. It is a big blow to the fundamental principles of our Constitution,” he said.


IN HIS OWN WORDS


10 Reasons why the security laws (amendment) Bill is dangerous:


1 It takes away the right to assemble, demonstrate, picket and present petitions to public authorities by giving the Cabinet secretary power. Trade unions can now be neutralised and political activity, the government would become dictatorial.


2 It introduces a new type of law that makes people responsible for the actions of others. This is what they mean when they say a person convicted of convening a rally, meeting or procession will be made liable for any loss suffered.


3 It takes away the power to declare curfew from the Inspector-General of Police and gives it to the Cabinet secretary. The decision to impose a curfew will not be based on a professional security risk assessment but on political grounds.


4 It restricts the right of the people to receive information if that information is considered “obscene”, “gory” or “offensive”. The Act does not define “obscene”, “gory”, or “offensive” and this will depend on police interpretation.


5 It takes away the right of an accused person to be told what evidence the prosecution has. We saw our President complaining that the prosecution was withholding evidence at the International Criminal Court at The Hague.


6 It requires an accused person to disclose his witnesses and evidence to the police. Our president protested strongly at the ICC when the prosecution applied to Kenya to give the prosecution information.


7 It institutionalises the military into our civilian life by putting them in the Firearms Licensing Board and Inter-agency security advisory committee. As Kenyans, we keep our military out of civilian affairs.


8 It gives the right to police to obtain information from landlords about tenants even in the absence of an investigation. Allowing this is only opening up a new plantation for them to harvest where they did not sow.


9 It brings back to Kenya the dreaded Special Branch in a more lethal formation. The National Intelligence Service now has power to search premises and take away property without having a warrant from court.


10 It limits the right of the media to give true and accurate information. The restrictions on media under the proposed law would have made the coverage of Westgate attack illegal.

US 'concerned' by new security law Tweet comment Print

The Obama administration has said it is "disappointed" and "concerned" by sections of the Security Laws (Amendment) Bill.


In a statement from State Department spokesperson Jen Psaki on the Bill that was signed into law on Friday by President Uhuru Kenyatta, Washington however reaffirmed its support of Kenya's fight against terrorism.


"The US government is firmly committed to supporting Kenya's efforts to defeat Al-Shabaab and to ensure security of all of its citizens.


"We are disappointed, however, by the very limited time allowed for debate and consultation on the 2014 Security Laws (Amendment) Bill prior to its passage and enactment into law," the statement read.


"We are also concerned about several provisions in the legislation, including those that appear to limit freedom of assembly and media, and access to asylum for refugees.


"As a key partner in the global effort to counter terrorism, we expect the Kenyan government to ensure that its counterterrorism efforts live up to Kenya’s international commitments and its own constitution.


"Protecting Kenya’s constitution and upholding human rights, democracy, and international obligations are among the most effective ways to bolster security."


The Security Laws (Amendment) Bill was passed by MPs in an acrimonious session on Thursday. Legislators scuffled in the chamber as debate descended into chaos, prompting the chairman of the Ethics and Anti-Corruption Commission, Mumo Matemu, to announce on Friday that MPs who disrupted the session were being investigated and could lose their seats.


'DEPLORABLE CONDUCT'


In an address to the nation shortly after signing the Bill on Friday, President Kenyatta said they would help boost the government's fight against terrorism and criminal activities such as poaching and cross-border trafficking.


Reacting to the ill-tempered session, the President said Opposition MPs in the National Assembly and senators had exhibited a “deplorable conduct.”


He described Thursday’s session as an “unfortunate incident” that denied Kenyans a chance to follow the House proceedings.


He praised members from the ruling Jubilee coalition for passing the law despite the chaos and mayhem.


On the deregistration of NGOs, Washington said it was seeking "further information" on the decision.


"A strong civil society is vital to democracy, security, and prosperity. We urge the Government of Kenya to ensure the regulation of NGOs is transparent, fair, and grounded in clear criteria that do not limit free expression, association, or assembly," the statement said.

Govt won’t approve transfer requests by teachers from Mandera, says PS Belio Kipsang

                           
The government will not approve transfer requests by 150 teachers from Mandera County who want to relocate following security threats.

Education Principal Secretary Belio Kipsang Thursday said the government would ensure that emergency intervention measures are put in place ahead of the re-opening of schools in January 2015.

Speaking after an assessment tour of Mandera County, Dr Kipsang said the government would give the county all the support requires.

“We are not departing from Mandera in its hour of need. We are here to give our support,” Dr Kipsang said during a meeting at the county headquarters.

The PS, who met with Mandera Governor Ali Roba, was accompanied by his colleagues Mutea Iringo (Defence), Monica Juma (Interior), Nduva Muli (Transport) and Director of Medical Services Nicholas Muraguri.

Mandera has witnessed a mass exodus of workers especially civil servants working in the health and education sectors after two attacks that have left more than 60 people dead in the recent past.

Twenty eight people were killed in the first attack after the Al-Shabaab militants raided a Nairobi-bound bus and shot them dead near the Kenya-Somalia border. Most of those killed were teachers and other civil servants travelling home for the Christmas holidays.

A week later, on November 22, 2014, 36 people were ambushed as they slept in tents at Koromey quarry near the same border. All those killed were non-locals and non-Muslims.

RE-OPEN HEALTH FACILITIES

Following the departure of 50 health workers, Dr Muraguri said the government will re-open 20 health facilities that have closed down due to security threats.

This, he said, will be done as a matter of urgency.

“Our ministry will help Mandera stabilise following the security blow.

“I applaud Mr Roba for his efforts in trying to keep the county moving despite all the challenges you are going through,” he said.

Ms Juma appealed to all ministries to fully commit themselves and help the county get back on its feet.

“Mandera is our frontline. We are here to support the county to the end,” she said.

Governor Roba lauded the National Government for its response in ensuring that crucial government services were not further paralysed by the exodus of civil servants.

Raila summons elders with Homa Bay seat on the card

Orange Democratic Movement (ODM) party leader Raila Odinga addresses delegates during the National Governing Council held at the Bomas of Kenya on December 5, 2014. Odinga has called a meeting of Luo elders at his Opoda home in Bondo, on Sunday, to discuss a wide range of issues, including suggestions by a section of leaders that he should seek the Homa Bay Senate seat. PHOTO | JEFF ANGOTE | NATION MEDIA GROUP
In Summary

A few members of the Homa Bay county assembly have also been invited to the meeting where the possibility of Mr Odinga’s candidature will be on the table.
He said that if Mr Odinga offers himself as a candidate, it will provide him with a forum to reach out to millions of Kenyans.
The county is home to most of the MPs branded rebels for agitating for internal change with the ODM establishment. They include Mr James Rege (Karachuonyo), Mr Sylvance Osele (Kabondo Kasipul), Mr George Oner (Rangwe) and Mr Augustinho Neto (Ndhiwa). advertisement

By ISAAC ONGIRI
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ODM leader Raila Odinga has called a meeting of Luo elders at his Opoda home in Bondo Sunday to discuss a wide range of issues, including suggestions by a section of leaders that he should seek the Homa Bay Senate seat.


Despite opposition to the proposal for the former Prime Minister to enter the Senate, some of Mr Odinga’s allies are determined that he contest the seat left vacant by the death last month of one of his key lieutenants, Otieno Kajwang’.


The by-election is slated for February 2, but political parties are expected to confirm their candidates by December 19 in primaries. The Independent Electoral and Boundaries Commission gave January 5 and 6, 2015 as the dates for receiving nomination papers.


The elders being assembled at Mr Odinga’s home Saturday have been carefully selected from the entire region and include elected leaders.


The Sunday Nation has learnt the group will include the new ODM chairman and Suba MP John Mbadi, the Director of Elections and Suna East MP Junet Mohammed, Homa Bay County Woman Representative Gladys Wanga, Homa Bay Central MP Opondo Kaluma, Kasipul MP Oyugi Magwanga, nominated MP Dr Oburu Oginga and at least 50 elders.


NO COMPETITION
A few members of the Homa Bay county assembly have also been invited to the meeting where the possibility of Mr Odinga’s candidature will be on the table.


When contacted Mr Mohammed said: “This is a routine exercise. We will be strategising on how to handle the Homa Bay senatorial seat broadly and also planning for the Kajiado Central seat.


We have already asked the Jubilee side not to field a candidate — they have poached our MP (Interior Cabinet Secretary nominee Joseph Nkaissery) and we must be allowed to sponsor a candidate unopposed.”


Mr Mohammed will be squarely in charge of the two by-elections after the National Governing Council on Friday picked him as the party’s director of elections moments after Mr Odinga proposed the creation of the new powerful office.


On Wednesday, a group of ODM MPs urged Mr Odinga to consider running for the Homa Bay seat. But the former PM is yet to comment on the matter.


On Saturday, Mr Kaluma, who is in Arusha on official business, said the Opoda meeting is not meant to confirm Mr Odinga’s proposed candidature.


“We have expressed support for Mr Odinga to run. This is not unusual, there are so many other world leaders before him who did the same previously after holding higher offices. You know the story of Benjamin Netanyahu of Israel, Gordon Brown of Britain and many more,” he said.


SERIOUS PROPOSAL
He said that if Mr Odinga offers himself as a candidate, it will provide him with a forum to reach out to millions of Kenyans.


“I know Mr Odinga is not interested in coming to the Senate. Moments after we addressed the press last week he called me. He was concerned that we did it without consulting him. Remember, I had even offered to resign for him to take over my parliamentary seat,” Mr Kaluma said.


And Kasipul MP Oyugi Magwanga who also spoke to The Sunday Nation moments after he came back from the United States said the matter required time to be thoroughly discussed.


“We should consider it if it is going to add value to our politics. I do not want to be in the group that is opposing it if somehow it is going to help us achieve something. But if in some way it will not help us then we must drop it,” he said.


Nyatike MP Omondi Anyanga, who first suggested that Mr Odinga should run, said more meetings will be held in four counties in Luo Nyanza to come up with a firm decision on the matter.


He dismissed those who have said the idea was a joke.


“We are serious we want Mr Odinga to contest as part of our preparation for the 2017 elections. Candidates in Homa Bay who are interested in this position must swallow their pride and look at the bigger picture,” he said.


UNFORTUNATE PROPOSAL
It is not the first time Mr Odinga’s allies are pushing for a way to have him back in Parliament.


In 2013, some allies of the ODM leader were said to have approached Kisumu Central MP Ken Obura to step down for him.


“Yes I was approached to step down for Mr Odinga. While I would not refuse to give way to him, I thought it would not have been a bright idea to have him as minority leader (in the National Assembly) while Mr Aden Duale is majority leader,” Mr Obura said, alluding that Mr Duale is junior to the former PM.


After he declined to give way, pressure was turned on Kibra MP Mr Ken Okoth who also declined to resign.


At the same time 17 ODM officials from eight constituencies in the county issued a statement condemning attempts to drag Mr Odinga into the race.


“We the chairmen and secretaries of all eight ODM branches that make the county branch hereby reject the unfortunate proposal by a section of ODM MPs principally from outside Homa Bay that the party leader contests for the Homa Bay senatorial seat,” read part of the statement.


The group led by the party’s Suba branch chairman Ken Oure told Mr Odinga to be conscious of a local agreement among the eight constituencies on how to share the top county positions. In 2013, a pre-election pact on key elective positions was arrived at among the three blocs in the county.


The greater Rachuonyo was to get the governor’s slot; Homa Bay town, Rangwe and Ndhiwa constituencies were to provide a candidate for the Woman Representative while Mbita and Suba constituencies were given the Senate seat. Positions in the county assembly were also divided.


“This is demeaning to our party leader. We are warning these MPs to keep off the affairs of Homa Bay County. The only county in the ODM strongholds that elected its governor, senator and MPs from ODM,” read the statement.


HOME TO REBELS
Elders from the region led by the Chairman of the Luo Council of Elders Mr Willis Otondi and his predecessor Mr Riaga Ogallo urged Mr Odinga to ignore the appeals of the MPs.


“We have been so hopeful that Mr Odinga will become President after the coming election. It is so destructing that while we put focus on the presidency someone wants him to become a mere senator,” Mr Otondi said.


And Mr Ogallo said Mr Odinga does not come from Homa Bay County and that it would be embarrassing for him to get into confrontation with county leaders.


Several candidates including two of Mr Odinga’s former aides, Mr Caroli Omondi and Mr Silas Jakakimba, have already hit the ground running as they campaign to succeed Mr Kajwang’.


Mr Jakakimba has been endorsed by Suba elders. The late senator’s brother Moses Kajwang’ and former National Social Security Fund Managing Trustee Fred Rabongo, who comes from Kajwang’s Waondo village, have also announced their intention to run.


The race may also include former MPs Philip Okundi and Martin Ogindo, Dr Kenneth Kambona, Mr Herbert Ojwang’, Mr Hillary Alila and Mr Odoyo Owidi.


“It will be unfair for Mr Odinga to attempt to seek a position from this side while he knows very well he is not a resident of Homa Bay County. If he does I will contest and am sure I will give him a run for his money,” Mr Owidi said.


The county is home to most of the MPs branded rebels for agitating for internal change with the ODM establishment. They include Mr James Rege (Karachuonyo), Mr Sylvance Osele (Kabondo Kasipul), Mr George Oner (Rangwe) and Mr Augustinho Neto (Ndhiwa).


THE FINAL SAY
Mr Magwanga, Mr Mbadi, Mr Kaluma and Mbita MP Millie Odhiambo are considered Mr Odinga’s allies in the county.


Meanwhile, the ODM leadership could go for direct nomination to pick a candidate to contest the Homa Bay seat in the February 2 by-election. The IEBC gave all parties until December 19 to nominate their flag bearers.


A number of MPs have floated the idea of party leader Raila Odinga contesting the seat to replace the late Senator Kajwang’.


In light of this, those who had shown interest in the seat are said to be holding secret discussions with Cord affiliate parties to get nomination certificates just in case the ODM certificate goes to Mr Odinga.


But Ugunja MP Opiyo Wandayi who is also ODM secretary for political affairs said the people of Homa Bay will have the final say on who becomes their senator.


“The seat is precious to us; we will stop at nothing to recapture it; nomination of a satisfactory candidate is the answer to getting the seat,” he said.


ODM is the dominant party in the county and whoever gets the ticket is likely to carry the day.

Uhuru rallies MPs to pass Bill to fight terrorism and banditry

 


President Uhuru Kenyatta and his deputy, Mr William Ruto, on Wednesday rallied Jubilee MPs to pass an amendment Bill to fight terrorism and banditry.

The President hosted the MPs and senators at State House, where he explained why he needed more powers to deal with terrorism and asked them to pass the Security Laws (Amendment) Bill.

MPs who attended the meeting said the President said he was being blamed by the opposition, civil societies and the clergy for failing to tame insecurity yet the law did not give him the authority to deal decisively with the attacks.

“The President said everyone was saying the buck stopped with him but the Constitution did not give him enough powers to fight terrorism,” said an MP who requested not to be named.

A senator said the President argued that since the buck stopped with him, he deserved the powers that would allow him to deal decisively with government officials who failed in their duties.

He made it clear that he needed the powers to come down hard on the Inspector-General of Police and the two deputies, the Director of Criminal Investigations (DCI) and the National Intelligence Service (NIS) director.

SECURITY TENURE

The Bill, which is expected to be taken up for debate in the House on Wednesday, proposes to take away the security of tenure of the Inspector-General of Police and the two deputies, the NIS director and the DCI.

The proposed law comes two weeks after suspected Al-Shabaab militants killed 64 people in Mandera in two separate incidents.

Opposition leaders and the public heaped pressure on the President and called for his resignation.

President Kenyatta responded by nominating Kajiado Central MP Joseph Nkaissery as Interior Cabinet secretary in the place of Mr Joseph ole Lenku. Inspector-General of Police David Kimaiyo retired and is yet to be replaced.

National Assembly Majority Leader Aden Duale told the House that the Bill would go for the second reading and possibly allow for the third reading at a later date or on the same day.

Jubilee MPs meet this morning to discuss how to rally their colleagues to pass the Bill.

Said Gatundu South MP Moses Kuria: “There will be a meeting tomorrow (Thursday). We want to make it clear that when the Bill comes to the House, there will be no coalitions, religious affiliations or partnerships. We ask Kenyans to watch out for those who will be on the side of freedom and democracy and those who will be on the side of terrorists and killers.”

The opposition has criticised the amendment Bill, arguing that it infringes on freedom of expression, freedom of the media and Kenyans' right to privacy of Kenyans.

Kenyans nominate 10 most favourite MPs in 2014

Ten Members of Parliament have been nominated as the most favourite leaders in 2014.


Through online voting, Kenyans nominated their most favourite MP in 10 different categories, with three nominees initially in each category.


The parliamentarians were selected based on Bills moved, contributions to Bills, motions raised and statements issued from March 2013 to November 2014.


The categories, under the banner Wanjiku’s Best Representative, are education, water, health, food, devolution, oversight (progressive legislation), budgetary oversight and youth.


The 10, who include members of the National Assembly and the Senate, are in the 2014 People’s Shujaaz Awards.


THE NOMINEES


MPs Boniface Gatobu (Buuri constituency in Meru County) and Senator Boni Khalwale (Kakamega) have been nominated as the most favourite leaders in the education category.


Mr Gatobu was nominated for moving a motion urging the government to establish a public databank of all bright students from low-income families.


The databank would be used when disbursing bursaries from public institutions and the Constituency Development Fund (CDF).


Dr Khalwale was nominated for his motion on equitable distribution of universities across counties.


In the health category, the nominees are Senator Wilfred Machage (Migori) and Dr James Nyikal (Seme MP).


Dr Machage was nominated for moving a motion urging the government to establish Level 5 hospitals in all 47 counties.


Dr Nyikal was nominated for his contributions on the health sector and devolution.


Ms Amina Abdalla (MP) was nominated in the water category for her contributions to the Water Bill of 2014, which seeks the separation of responsibilities between the water authorities at the national and county government levels.


Nominated Senator Beatrice Elachi was nominated as Wanjiku’s Best Representative in the food category.


Ms Elachi was nominated for her role in the Food Security Bill.


In the youth category, the nominee is Mr Chris Wamalwa (Kiminini MP).


FUNDS FOR WOMEN AND YOUTH


He was nominated for seeking to have the Sh6 billion initially earmarked for a presidential runoff in the 2013 elections to be disbursed to youth and women groups across the country.


Suba MP John Mbadi was nominated for his contribution to debates on salaries, allowances and vehicles allocated to constitutional commissioners.


Mukurweini MP Kabando wa Kabando was nominated in the oversight (progressive legislation) category for proposing the reintroduction of capital gains tax that was included in the Finance Bill of 2014, among other contributions.


Tharaka-Nithi Senator Kithure Kindiki was nominated as Wanjiku’s Best Representative for devolution.


Prof Kindiki is credited with contributing to several county Bills in the Senate.


These include the County Allocation of Revenue Bill of 2013; the Community Land Bill; the Division of Revenue Bill of 2014; and the County Retirement Scheme Bill, among others.


He is also recognised for a motion urging the national government to enter into agreements with county government to transfer resources, functions and powers to them.


The online voting, which was conducted by Mzalendo.com, lasted 10 days.

DPP wants speedy arrest of 15 men in rape of sisters in Tana River

                                                                                                                                                               The office of the Director of Public Prosecutions (DPP) has expressed concerns about the delayed arrest of 15 people who allegedly gang-raped and defiled two sisters in Wayu, Tana River County.

In a letter dated December 9, 2014 the DPP ordered police in Hola to act swiftly and arrest the suspects, to avert a possible outbreak of inter-clan wars between the Somalis (the victims) and the Ormos (the alleged assailants).

“Our main concern is as to why there have been no arrests by Hola OCS from the day he received the file from Bura Police Station for his action,” reads the letter addressed to Tana River County Criminal Investigation Officer.

“Two communities are involved here. We must act as quickly as possible to avert any possible break out of war between the Somalis and Ormos, who are awaiting your action,” the letter emphasises.

This comes barely two days after protests from the families of the victims and civil society, who accused the area chief and the OCS of deliberately shielding the suspects from arrest.

“We know and we have evidence that there is (a) deliberate attempt by (the) Bura OCS and (the) Wayu chief to cover up this matter. That is why the Bura OCS transferred the file to Hola and yet the crime (took) place in his area of command,” said Ibrahim Aden, a child rights activist.

The two sisters, aged 16 and 23, were on Friday waylaid and allegedly gang-raped by a group of about 15 youths in Wayu Location in Bura, Tana Sub-County, while their father was tied to a tree and forced to watch as his daughters were assaulted.

The elderly father and his daughters had gone to look for their lost camel when they were ambushed and dragged to a nearby thicket, where the girls were allegedly repeatedly raped.

TRY THEM IN GARISSA

Bonny Okemwa, the principal prosecution counsel who wrote the letter on behalf of the senior assistant director of public prosecutions, insisted that the suspects, when arrested, must be taken to the Garissa Law Courts although the offence was committed in the jurisdiction of the Hola Law Courts, saying he fears there could be witness interference in Hola.

“There are so many compelling reasons as to why we need this matter to be heard (in) Garissa, one being the availability of witnesses.

“We have secured witnesses here and the fear of the suspects' family members interfering with our witnesses,” reads the two-page letter, which is also copied to the Tana River county commissioner and the county children's officer.

The office of the DPP further wants the relevant government organs to act promptly and arrest the 15 men.

“Please act and let us have the 15 and more men who did this.

"Your office has the machinery to protect or conduct the prompt arrest, let us have them by Wednesday December 10, 2014,” it reads.

The DPP also requested the county criminal investigations officer to give a stern warning to the area chief and his assistant, who have been reported to be interfering with investigations and efforts to prosecute the culprits by allegedly compromising and threatening key witnesses.