In 2002 while in Nairobi and seeing Moi trying to use Mungiki to support Uhuru, I got in to trying to find out more about Mungiki.
Several meetings with journalists, reporters and policemen, I quickly reached the conclusion Mungiki was an over glorified gang of chicken rustlers injected with low-level politics of survival. Mungiki appears to have emerged to fill an existing vacuum for hitmen, trouble-makers and other hired gangs needed by corrupt politicians.
The members lack any kind of ideology, value or serious issues. Violence is both a means and an end. For example they have to remain violent and publicly so to attract handouts from politicians.
I found that both KANU (the ruling) and others had at some point bankrolled Mungiki. There are also several Mungiki's most set up for the convenience of securing funds from willing politicians.
I am however convinced that the menace will be wiped out easily as the police, military intelligence, Special Branch, GSU, regular police etc can simply not stand Mungiki and have at times launched suo moto expeditions against them.
Sunday, February 1, 2009
Letter to Justice Gicheru
Dear Justice Gicheru
I refer to your comments in the [url=http://www.eastandard.net/news/?id=1143981917]Standard[/url] in which you have attempted to defend the judiciary - which you head - from accusations levelled at it "by politicians". It is your defence I seek to discuss.
You point at what you consider "hypocrisy" on the part of politicians and cite among other things the fact that some of these critics have filed petitions and responses to election challenges filed against them by their opponents in the recently bungled election. I must assume you are referring to the decision by Raila Odinga to file a response to what I consider a frivolous election petition filed by a Mr. Stanley Livondo also known as "Mr. Money Bags".
At no time did Raila deny that you have the power to pass judgements including allowing non-contested election petitions. Your colleagues have done the same in the past as has been pointed out, all bad judgements may be repeated with increasing "legality". So your power to pass judgements whether fair or not, was not, has never been and is not under question. What has been questioned is your impartiality.
Any man who feels you are inclined to judge in his disfavour, and desiring to hold on to the status quo for as long as possible, will nevertheless offer a defence against whatever charges brought against him - even if only to delay what he might assume to be inevitable. Yet nowhere does filing such a defence against a process that is suspect imply legitimatizing a crooked sysstem. Are you suggesting that you would not have acted adversely against Raila if he had failed to enter a defence in the Livondo petition? Would you have told Livondo to hold his peace while you sought Raila to give his side of the story and failing to get him told Livondo to go away as you could not possibly pass a judgement against an unheard man? Not likely. You are, in my opinion fudging facts. You are measuring height and weight with the thermometer.
Please enlighten Kenyans on how the police came to be involved in the serving of summons on behalf of private citizens - which Stanley Livondo is? When did the courts under you dispense with bailifs and Process Servers whose job it is to deliver summons to defendants in civil matters? Was your judiciary lending itself to be used by the Kibaki government? How do you expect Raila or any keen observer to see your courts as impartial when such breaches are not only tolerated but ignored?
You have protested your impartiality by your criticism of those suggesting otherwise. Mr. Hon Chief Justice I have to ask you to respond to the remarks attributed to the Chairman of the Electoral Commission, Senior Counsel Samuel Kivuitu. Recounting the events of 30th December 2007, he states that he arrived at State House minutes after announcing the disputed results and found you waiting to swear in Mwai Kibaki as President. When did you know Kibaki had "won"? He also stated that armed policemen were sent to collect the Presidential Election Certificate to be delivered to you at state house. Were you part of the group that so dispatched these armed men to a holder of a constitutional office? If you were not, what is your reaction to the adverse implications of Kivuitu's statement?
As the Chief Justice of Kenya, what steps have you taken to resolve the election dispute that is threatening to tear this country apart? What has prevented you from taking suo motto notice of the electoral dispute summoning the concerned parties and making a ruling? Is it because you agree with the status quo?
I would also like to get your response on the following:
1. How do you select the judge or judges to hear a given case? Is it true that you do not use a blind method of selection such as drawing lots but instead single-handedly decide which judge will hear which case? If so, has it occurred to you that some Kenyans might find that suspicious? Why has a lottery system not been applied especially in matters of national interest such as presidential elections?
2. Who appoints judges? Would you like to explain why judges appointed and ready to be sworn in are still not judges? Is it true that Martha Karua objected to their appointment?
3. Has it ever occurred to you that more than half of the entire judiciary are GEMA tribesmen?
I note and share your concern that politicians have over the last 5 years openly disobeyed court orders. What have you as Chief Justice with powers to deprive any citizen of freedom if found in contempt of lawful court orders done about it? Have you ever summoned any of the politicians and dressed him/ her down? Is it not true that what you are using the word "politicians" as both obfuscation and subterfuge instead of specifying the offenders as Kibaki's ministers and senior government officials?
I refer to your comments in the [url=http://www.eastandard.net/news/?id=1143981917]Standard[/url] in which you have attempted to defend the judiciary - which you head - from accusations levelled at it "by politicians". It is your defence I seek to discuss.
You point at what you consider "hypocrisy" on the part of politicians and cite among other things the fact that some of these critics have filed petitions and responses to election challenges filed against them by their opponents in the recently bungled election. I must assume you are referring to the decision by Raila Odinga to file a response to what I consider a frivolous election petition filed by a Mr. Stanley Livondo also known as "Mr. Money Bags".
At no time did Raila deny that you have the power to pass judgements including allowing non-contested election petitions. Your colleagues have done the same in the past as has been pointed out, all bad judgements may be repeated with increasing "legality". So your power to pass judgements whether fair or not, was not, has never been and is not under question. What has been questioned is your impartiality.
Any man who feels you are inclined to judge in his disfavour, and desiring to hold on to the status quo for as long as possible, will nevertheless offer a defence against whatever charges brought against him - even if only to delay what he might assume to be inevitable. Yet nowhere does filing such a defence against a process that is suspect imply legitimatizing a crooked sysstem. Are you suggesting that you would not have acted adversely against Raila if he had failed to enter a defence in the Livondo petition? Would you have told Livondo to hold his peace while you sought Raila to give his side of the story and failing to get him told Livondo to go away as you could not possibly pass a judgement against an unheard man? Not likely. You are, in my opinion fudging facts. You are measuring height and weight with the thermometer.
Please enlighten Kenyans on how the police came to be involved in the serving of summons on behalf of private citizens - which Stanley Livondo is? When did the courts under you dispense with bailifs and Process Servers whose job it is to deliver summons to defendants in civil matters? Was your judiciary lending itself to be used by the Kibaki government? How do you expect Raila or any keen observer to see your courts as impartial when such breaches are not only tolerated but ignored?
You have protested your impartiality by your criticism of those suggesting otherwise. Mr. Hon Chief Justice I have to ask you to respond to the remarks attributed to the Chairman of the Electoral Commission, Senior Counsel Samuel Kivuitu. Recounting the events of 30th December 2007, he states that he arrived at State House minutes after announcing the disputed results and found you waiting to swear in Mwai Kibaki as President. When did you know Kibaki had "won"? He also stated that armed policemen were sent to collect the Presidential Election Certificate to be delivered to you at state house. Were you part of the group that so dispatched these armed men to a holder of a constitutional office? If you were not, what is your reaction to the adverse implications of Kivuitu's statement?
As the Chief Justice of Kenya, what steps have you taken to resolve the election dispute that is threatening to tear this country apart? What has prevented you from taking suo motto notice of the electoral dispute summoning the concerned parties and making a ruling? Is it because you agree with the status quo?
I would also like to get your response on the following:
1. How do you select the judge or judges to hear a given case? Is it true that you do not use a blind method of selection such as drawing lots but instead single-handedly decide which judge will hear which case? If so, has it occurred to you that some Kenyans might find that suspicious? Why has a lottery system not been applied especially in matters of national interest such as presidential elections?
2. Who appoints judges? Would you like to explain why judges appointed and ready to be sworn in are still not judges? Is it true that Martha Karua objected to their appointment?
3. Has it ever occurred to you that more than half of the entire judiciary are GEMA tribesmen?
I note and share your concern that politicians have over the last 5 years openly disobeyed court orders. What have you as Chief Justice with powers to deprive any citizen of freedom if found in contempt of lawful court orders done about it? Have you ever summoned any of the politicians and dressed him/ her down? Is it not true that what you are using the word "politicians" as both obfuscation and subterfuge instead of specifying the offenders as Kibaki's ministers and senior government officials?
Subscribe to:
Posts (Atom)
Posts
