INTERNATIONAL CRIMINAL COURT:

PHOTO: DP William Ruto with his lead lawyer, Karim Kan, during court proceedings at ICC.

SHOULD KENYATTA ATTEND COURT PROCEEDINGS AT ICC?

By Maritim Kipngetich
Politicians are always blamed for radicalizing one group of a particular people who are politically affiliated to one political party against other group who are pro-other parties. This has cost politicians a lot with some being summoned before the international courts. Kenya is a marvelous example of such countries which have got their leaders appeared before International Criminal Court.

Currently, two key leaders in the country, Kenya, have the cases before ICC. It is an elusive moment for them since it is difficult to run the country while you have a pending case in the court. It is a challenging issue which has made the African leaders and leaders of other countries who have an interest in the African soil to support the withdrawal of the cases. The ICC prosecutor has turned a deaf ear on the leaders’ plea saying that international court is an independent judicial system which does not have to make decisions which are contrary to the law. The Gambian-born prosecutor has track records of being aggressive when it comes to the matters of the law.

The President of the Republic of Kenya, Uhuru Kenyatta, has a case before the court and there has been a debate whether he should appear before the court in person or be represented by his lawyers. The court has an uphill task in dealing with Uhuru who is the head of state and government and his government is expected to give court a crucial information which may show whether the President gave financial and material support to the then Mungiki sect: which is accused to have caused the mayhem among the people, who were ODM party affiliates, in Naivasha during 2007-2008 elections.

PHOTO: President Kenyatta during the past court proceedings.

The current talks in the ICC about the case before Kenyan leaders are whether Uhuru should attend the court proceedings in The Hague, the Netherlands, or communicate via a video link from Nairobi, Kenya. The Jubilee leaders have a feeling that the order given to the President to appear before the court in 8^th October this year, is meant to frustrate the operation of the government. The Kenyan Attorney General, Gitu Muigai, said “the prosecutor has either failed in her job or she has lacked the evidence she can use to prosecute the president”.

The African leaders have a notion that the ICC was only meant to humiliate African leaders since the only leaders who have appeared before the court since it came into existence in 2002 are from African soil.

It is indeed a good thing to respect the international judicial systems like ICC who deal with criminal injustices, but the respect of the leaders should also be considered at some point during the trials. The International Criminal Court, in its binding laws, gives the right to individuals, who may not have time or resources to appear before the court in person, to participate in the court proceedings via a video link. The leaders of Kenya are not exceptional. They also have a right to participate via a video link just like eight witnesses who were given chances to give their testimonies from Nairobi, Kenya.

STRIKE:

THE STRIKE WENT ON DESPITE THE HELB BOARD PLEA

By Maritim Kipngetich

PHOTO: Students run for their safety during strike. The students strike over loan delays.

The consequences of the strike will be rather imagined than experienced, those are not my words; ask Babu who is the chairman of Students Organization of Nairobi University (SONU) and he also heads the Kenya Organization of Students Unions (KOSU).

 Yesterday was a rough day for security officers found within the capital city of Kenya; the University  of Nairobi students started taking to streets as early as 10a.m to demonstrate the delay in loans disbursement to students’ accounts. the Higher Education Loans Board officials had promised the students that they would put the money to their accounts on 15th September, 2014. That was meant to make the students not to go for strike which they had announced that it would take place on Friday 19^th, but unfortunately the strike went on.

 Speaking at Kenya Television Network (NTV) on Wednesday the Chief Executive Officer of the board , ,Charles Ringera, said, about 58000 students had got the money in their accounts and the remaining number out of 110000 students would have their money in their accounts by Friday 19^th (yesterday).

“About 58000 students have got the money remitted to their accounts as by this evening (Wednesday evening),” he said.

He further said they normally disburse the money in the second week after the universities have opened. He, however, said the universities opened early this semester and that is why they had to delay in fund remission.

“Universities normally opened the September-December semester between 8^th and 15^th of September every year, but this year they opened it as early as 1^st September and that is why we had to delay in giving them loans.” Ringera reiterated.

In his respond to the CEO of the board at the show, the KOSU chairman, Babu Owino, told him that the strike would go on unless the students are given their money.

“I want to be categorical to the CEO that the strike will take place,” he emphasized.

He also warned the CEO that they would go for him in his office at Anniversary Towers during the strike and should they not find him, then they would go for him in his home.

“We shall come for you in your office and if we don’t find you there then we shall come for you in your home. We shall look for you until we find you,” he told the CEO.

Speaking yesterday 9p.m in the Citizen Weekend show at Citizen Television, Ringera said the students demonstrated before checking whether the money was in their accounts or not. He said all 110000 students who had applied for subsequent loan had got the money put in their accounts.

Though the strike and demonstration is a right provided to everybody in the supreme law of Kenya, none of the strikes, which have been carried out by students, have ever been peaceful. More often than not the students have been reported to have stoned the motorists and tried to rob them of their belongings.

Yesterday’s strike, therefore, was not an exception since the students from the University of Nairobi went to Helb offices situated at Anniversary Towers and try to break the gate. The police officers, who were mainly from the General Service Unit, were present and they had to disburse them using the tear gas. That is where the things started to go wrong. The students started to draw stones to the officers and that went on from 11a.m until 6p.m in the evening.

Approximately 10 students were, as it has always been, injured during the strike. Three students from the same university were arrested and taken to police station. In addition to students being arrested and some injured, the learning was also paralyzed.

HELB LOAN

STUDENTS' LOANS HAVE CAUSED STRIKE

By Mairitim Kipngetich

University of Nairobi Students strike at University Way over loan delays.

The delay in remission of funds to the accounts of continuing students, in various universities across the country has made the students took to streets to demonstrate. The students announced the strike on Sunday this week to Higher Education Loans Board (Helb) officials.

The students expected the funds to have been put in their accounts by July last semester, but until now the students have neither received any money nor have their money reflected in their accounts.

The life across various campuses is prohibitive and the students from various universities who emanate from less-endowed families have, according to Kenya Union of Students Organization chair Babu Owino, forced to sleep hungry and not to attend classes.

The students were informed by the Helb Chief Executive Officer, Charles Ringera, that their money would be remitted to their accounts starting from Monday this week. Many students are complaining that the loans board blackmailed them by just putting the money allocation figures to appear in their Helb portals.

The Helb loan offices at Anniversary Towers are full of students trying to check whether the money have been disbursed to their accounts. The students from the University of Nairobi are the frequent visitors of the building; Helb officials normally start by remitting the funds to the students from that university to avoid disturbances of loan inquiries from those students. The University of Nairobi is in the opposite of Anniversary Towers across University Way, so the students have an easy time accessing the building during strikes.

In addition to the ongoing strike, it is also important to note that Helb loan offices should be situated in different towns and cities across the country. The students whence from rural areas and universities found in several miles away from Nairobi, are always forced to travel all the way to the capital to correct mistakes they might have made during the application of their loans. Those students are forced to put up with long queues and to sit in irritating chairs found outside the offices at 18^th floor in Anniversary Towers. Those students also use a lot of money to arrive to the city. They are sometime called for three times before the loan are put in their account. The government should, therefore, try to devolve Helb loan offices to counties so that the students may access them at ease. Otherwise, they will always be forced to spend a lot of and they do not have money to sustain their living and that is why they applied for loan.

Photo: Charles Ringera,  Helb CEO, during the past function.

The amount to be given to each student varies. The maximum amount to be given to the student is 60, 000 shillings, but many students normally get as low as 37,000 shillings per year. The amount is not enough to sustain the student for even one semester. They students are often advice to appeal, but few students have got the amount they applied for. The students, therefore, have been forced to rely mainly on the money they get from their parents. This has not been easy since many students in various universities are from poor families.

The students have been agitating for increment in loans and have their university fees reduced, so that they can get money to sustain themselves.

THE WESTGATE MALL ATTACK

WESTGATE MALL MASSACRE IS UNFORGETTABLE

By Maritim Kipngetich

FILE: A picture showing dead bodies inside Westgate in 21st September last year.

It is only three days for Kenyans and outside world to commemorate what happened in Westgate Mall one year ago and my question is, did Kenyan security personnel learn anything from that mayhem?

September 21, 2014 is the day which will not be forgotten soon in Kenya. Most people refer it as a ‘dark day’. The families who lost their relatives will always be scared when they hear about Westgate shopping mall. Many families including that of Kenyan President were traumatized. The head of state lost his close family member during that attack. The attack left approximately 67 people dead and over 175 wounded  as it was reported by the media.

The reporting of events in Westgate by security officials could show lack of competence among the security personnel. The Cabinet Secretary in charge of internal security could report direct opposite of what was happening inside the Mall. The close-circuit television footage showed that the attackers were using AK-47s and grenades and not machine guns as it was reported by the Cabinet Secretary. The burning of the gas cylinders inside the Mall was clearly seen, but the CS reported that the culprits were burning mattresses inside the Mall. The CCTV cameras showed only four attackers inside the Mall, but the CS reported that there were between ten and fifteen attackers.

The people took to social media to comment on what was happening in the Westgate with some liking Kenya with Iraq.

The president himself promised to form the commission of inquiry to investigate what happened in Westgate, but nothing happened after that. He said the parliament promised to do the same and that is why he left out the issue. Though the three arms of government are independent, he would still call upon the parliament to commence the investigation since he had promised Kenyans.

It is always said once beaten twice shy. But that proverb never meant anything to whoever in charge of security in Kenya. Indeed, several terror attacks continued to be executed by the Somalia-based al-Shabaab terror group. The most pronounced one was the one which took place in Mpeketoni in June this year. There were no clear reports from the government on who perpetuated the vice. There were rumours that the head of intelligence service differed with government on who caused the aftermath at Mpeketoni. The stand of the intelligence head was that the al-Shabaab militants were the one who attacked the region, but the government blamed the opposition by saying the mayhem was politically instigated.

The Westgate siege was the second most catastrophic terror attack in Kenya after 1998 bomb blast which targeted American Embassy which was then situated along Haile Selassie Avenue off Moi Avenue, Nairobi. The attack left over 200 people dead and close to a thousand sustained injuries.

FILE: KDF soldiers assisting the regular police in Westgate in September last year.

Since the government has known that anywhere can be attacked at anytime, it should put in place proper mechanism to ensure the security of Kenyans is well taken care of. It is beyond human imagination when one tries to envisage how attackers arrived at Westgate Mall after passing several road blocks within Nairobi!

CATTLE RUSTLING

NOT WEST POKOT ALONE: CATTLE RUSTLING IS RAMPANT IN OTHER AREAS

By Maritim Kipngetich

FILE: GSU officers returning stolen cattle. The vice is rampant in the South Rift.

Cattle rustling may be a legend to people living in urban centres, but it is a reality or rather experienced by the guys who live in rural areas of Kenya. It is always heard of among the communities like the Pokot, the Maasai , the Kalenjin, the Samburu and some other Nilotic communities living in the former Rift Valley province.

The vice is more pronounced in areas like the West Pokot since the culprits normally run away with more than a thousand herd of cattle. It is important to note that there are unmasked areas where the cultural practice of cattle rustling is widespread. Among the areas include several small villages found within Bomet County especially in Sotik constituency where Kipsigis middle-aged men normally steal cattle from the Kisii community living in Burabu, Chebilat and other villages in Nyamira County. Sotik constituency is in the boundary of Nyamira and Bomet Counties and the cattle thieves are emanating from the former Ndanai division. Kipsingei village is notoriously known for cattle rustling. Several people have been killed in that village by the Kisii people, but the remaining cattle rustlers are still perpetuating the outdated cultural practice.

It has taken the intervention of several leaders found within the area, but no tangible results have been felt. There have been several warnings from D.Os and chiefs found within the area including the area MP who is also the Deputy Speaker of the National Assembly, but those warnings felt on deaf ears.

About two weeks ago, Sotik District Commissioner ( D.C) called a meeting at Kipsingei village. The old men, the old women, the youth and the young children were among the attendance. Several village leaders and the respected guys in the community like motirenik  (those who initiate young boys to adulthood) were given chance to speak.

There was a turn of events when the D.C stood to speak. He had no much to share with the locals. He started by asking the old women to stand and move in front. The next on stage were middle-aged men who were instructed to stand behind the old women. He then called the old men and instructed them to stand in front of the old women. The young children ,who were not many in number, were never asked to stand.

The arrangement of the programme was against the Kalenjin customs and the old men and old women were mesmerized. They had nothing to do, but to adhere to the instruction of the D.C who claimed to have done something similar to that in several villages across the Kalenjin land. Though the D.C is a Lamu-born man in his 50s, he knows the cultural practices of the Kalenjin community.

The arrangement of women to appear in front before men during public barazas ,is a taboo in the Kalenjin community. The intention of the D.C was to show that what was to take place was a curse meant to discourage the cattle rustlers from stealing cattle from the Kisii community.

Everyone who stood in front of the meeting scene was told to raise the hand and say “no more cattle rustling in Kipsingei”. That taking of oath went on for about five minutes and everyone was asked to sit.

The list containing the names of the suspected cattle rustlers was read out and the D.C warned them to stop doing so, so that they could avoid catastrophic consequences. The suspects were asked to clear their names at chief’s office if they would want to be spared.

FILE: A woman crying after her cattle were stolen. Kisii community will soon be left with no cattle.

Cattle’s rustling is still rampant in some other parts of former Rift Valley province and the government including the media should not focus only on few areas: for instance West Pokot. Some Kipsigis in Sotik constituency steal approximately 1000 herd of cattle every three months! This is an amazing number and if nothing will be done then the Kisii communities living in the border of Bomet and Nyamira counties will soon be left with no cattle.

come back

I am back to campus after a one month holiday. I have a lot in store to share with you in this platform as from tomorrow 16th September, 2014. I hope you will love to read numerous stories I got from reserve (ushagoo, ocha etc).