Will Raila’s Intervention bear fruit ?

Raila is according to media reports rejecting the deputy Inspector generals ; Kaindi, Arachi and CID director Muhuro on Integrity issues. Apperently consultations were not conclusive.

 

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19 comments on “Will Raila’s Intervention bear fruit ?

    • The matter is before the court but the court did not issue an injunction stopping the swearing in I suppose otherwise Dr. Mutunga would be in contempt of the very courts he heads. The Swearing in does not stop the court proceedings. Whatever Ndegwa Muhoro has to clean up at the CID headquarters he better hurry. If the court rules him unfit to hold office an already retired Kibaki will not save him.

      The other funny thing is that this matter could end up at the SC. But one thing we know, the Kibaki mob is going to need more than omo to clean up their mess with their boys now facing the ICC guillotine just before the elections. If they lose this the dirt behind will be ten times worse than what Kibaki was so desperate to protect in 2008.

      • `
        What is dangerous is the idea of walking into the elections with a police force unacceptable to sections of the country.

        It is symbolically insensitive for the nation to force star actors of the 2008 PEV – who implemented the shoot-to-kill policy – like Grace Kaindi back at the helm of police (in promotion). This is the height of gross insensitivity to victims of PEV by Mwai Kibaki who is supposed to be president of the entire country, even sections still trying to heal from PEV police shootings.

        Furthermore, ICC’s OTP & Chief Prosecutor Fatou Bensouda in particular, have been wanting to take testimony (under oath) from Grace Kaindi all in vain.

        Common sense suggests that Kaindi is being promoted to specifically avert possibility she may spill beans about the shoot-to-kill orders that resulted in the brutal killings of citizens protesting against a stolen election. This could be construed to mean Kibaki is rewarding a high-value witness who might incriminate him in the chain-of-command orders that defined police participation in mass murders of PEV.

        It goes without say why the outcome of this election is more crucial to some in the incumbency, than others. It’s a matter of survival and continued blocking/subversion of justice.

  1. http://www.standardmedia.co.ke/?articleID=2000076142&story_title=Kenya-CID-Muhoro's-appointment-to-be-challenged-in-court

    “International Commission of Jurists-Kenya, Independent Medico-Legal Unit and the Rights Protection Centre said that President went against a report by the Independent Policing Oversight Authority that recommended that Mr. Muhoro should not be appointed to the position due to integrity issues.

    On Friday, the President gazetted Muhoro as CID Director as well as Ms Grace Kaindi and Samuel Arachi as the Deputy Inspector Generals of Police.

    Their move comes after Prime Minister Raila Odinga rejected Kibaki’s appointments on the three critical positions saying he was not consulted as required by the law. Plans are ongoing today to swear in the three appointees.

    “IPOA is an independent body with the mandate to scrutinise information presented to it by concerned citizens and it has raised serious integrity issues against Muhoro. We have no option but to challenge the President’s decision in court,” said Peter Kiama IMLU Executive Director Tuesday morning in Nairobi.

    He called on the President to select another qualified person from those who were shortlisted for the position or allow the interview process to be done afresh.

    “We know it is critical to have the positions filled to ensure proper coordination of the security agencies during the electioneering period but we cannot make any compromises on the issues of integrity. We need the right people on those posts,” he said.Executive Co-coordinator at Rights Promotion and Protection Center Odhiambo Oyoko said that it was illegal for the president to ignore the express recommendation of IPOA on the alleged unsuitability of Mr. Muhoro saying the institution has the final say on the matter.

    “We demand that Muhoro’s appointment be rescinded until all allegations against him are investigated and proper determination be made by competent authorities as to whether he is fit to hold office or not,” he said”

    • Folks,
      Have you noticed how the Jubilee coalition has kept mum about the rejection of their favorite plice chiefs by Raila? Do you also remember that the last time the PM rejected Kibakis appointment Uhuru Kenyatta held a press conference in which he asked for respect for the president or else? Do you remember him banging tables in fury?

      Then they could do that but as the elections gets close they know very well that game is up and any silly utterance would send them further down the popularity ladder. They realize that it is the constitution that they tried hard to subvert that we are talking about here. Even though they would love to criticize Raila they dare not. Talk about sitting between a hard place and a rock.

  2. nokjr

    You asked :”Is this a good move from the pm?” It all depends on what you consider important. Do you value and think its important to follow the constitution we just passed, and does this dereliction of duty and abdication by Kibaki bother you? Now, this of course does not even take into account, the motivation behind such appointments given that all these three have questionable integrity issues.

    Let me say this quickly as this is my first post in this blog; if this monumental issue is left unchecked and not corrected now before the March election; the hell Kenya went through in 2007 might look like a child’s play when a repeat of the same occurs next time, and we all want to avoid that, don’t we?

    johns

      • Einstein,

        Thank you very much for leading me to this spring…, been thirsty and was in search of water for my thirst. Thanks again buddy

    • Fidel

      What you value is good and I share exactly the same sentiments.
      That the constitution must be followed is out of question.

      I am of the opinion that the PM should at the moment fight this issue via Proxy, just like perfectly articulated by Adongo and the comment he made.

      You see,one of the main reasons things got so bad 2007/8 and one reason why they may even get worse this time around, is because of the pathologic fear a certain spectrum of the Kenyan society ( The Impunoarchs ) have of Raila and a Raila presidency. They know that some serious sweeping may thereafter take place. This fear is what motivates these people to do all sorts of things to sabotage a peacefull transition into a Raila Presidency.

      Perception matters alot in politics.

      Now with 36 days to go, will we be able to turn this decision and will there be any consultative, inclusive decision that allows an agreement on appointees , in time for them to take office and ensure peacefull elections in a hostile police environment ?

      I see this from the perspective that although this appointees don’t deserve to be there, I would rather have known figures temporarily in charge in this election period who shall bare the responsibility for whatever action the Police engage in than having vacant positions unclear command structures which the dark forces will exploit !

      After elections there will be time to correct some of this mischief.

      Personally, the most urgent and important issue right now is a peacefull election period and a peacefull and just transition to the rightfull duly elected whoever that maybe. Ofcourse my preference is Raila. The security of all and Kenya is paramount to this.

  3. Amani is the first to come up with something stupid. Fighting Raila is becoming a disease here too.

    http://www.standardmedia.co.ke/?articleID=2000075922&story_title=Kenya-Raila-has-no-mandate-on-Kibaki

    Is the constitution too difficult to understand?????????????????????

    (2) Sections 30 to 40, 43 to 46 and 48 to 58 of the former Constitution, the provisions of the former Constitution concerning the executive, and the National Accord and Reconciliation Act, shall continue to operate until the first general elections held under this Constitution, but the provisions of this Constitution concerning the system of elections, eligibility for election and the electoral process
    shall apply to that election.

    12. (1) The persons occupying the offices of President and Prime Minister immediately before the effective date shall continue to serve as President and Prime Minister respectively, in accordance with the former Constitution and the National Accord and Reconciliation Act, 2008 until the first general elections held under this Constitution, unless they vacate office in terms of the former Constitution and the Accord.

    • mzee & others,

      There are a couple of things here that we need to make very clear.

      1. Mudavadi is being an idiot. At least he should ask Kabatesi to read the katiba for him. May be he should get one of those lawyers that the mashetanis got him to sign papers with Uhuru to help him here. The transition clauses are very clear that the President and the PM continue to hold their offices till the General Elections are held. It is one thing for internet clowns not to be able to grasp that or to argue for argument sake but a presidential candidate who still calls himself the Deputy Prime Minister should do a little better than that.

      2.The question whether the PM should be consulted or not does not even arise. Kibaki knows he had to consult the PM and actually has been doing that. The PM in his statement says the consultations are incomplete and were underway when Kibaki unilaterally decided to do the appointment while the PM was away.

      3. This is exactly what happened with the Chief Justice circus when Kibaki decided to make appointments while Raila was in Addis and consultations were incomplete. At that the Kibaki clowns argued that consultation does not mean consensus. They lost that argument and Kibaki was eventually forced to back off when in humiliation he withdrew the appointments and we ended up with Dr. Mutunga. Imagine what would have happened if the PM did not stand up with Kenyans. It would have been the death of reforms in the judiciary. The PM has to stand up again with Kenyans to stop Kibaki’s Ngoroko business with our police force.

      4. With the public objection from the PM and the letter from the Oversight Committee this matter is a slum dunk in court. Kibaki’s appointments are going to be rejected and thrown out.

      5. The PM should leave it to the civil society groups to take the matter to court. From what I know they are doing exactly that.

      6.Will the fact that key positions in the police remain vacant mess up with security issues? May be but it is much worse to put known criminals in charge of the police force and Ndegwa Muhoro is worse that a criminal. That is the man who gave us the Artur brothers. He is involved in all sorts of smuggling going on. He has been implicated in all sorts of abuse of power even arresting people on fake charges when he had some land dealings with them. .

      7. Politically this is the perfect time to raise this issue. The Waiganjo circus has shocked the country. The police chief himself, Mathew Iteere, is up to his eyeballs in that mess. That is a Kibaki appointee. Raila only needs to point to the mess in the Waiganjo case and the Baragoi debacle to let Kenyans know that there is a terrible cost to be paid if we allow crooks to run the police force. If Kenyans ever needed a real clean up in the police force, now is the time and given what is in the public domain, the citizens are going to support the PM.

    • mzee & others,

      There are a couple of things here that we need to make very clear.

      1. Mudavadi is being an idiot. At least he should ask Kabatesi to read the katiba for him. May be he should get one of those lawyers that the mashetanis got him to sign papers with Uhuru to help him here. The transition clauses are very clear that the President and the PM continue to hold their offices till the General Elections are held. It is one thing for internet clowns not to be able to grasp that or to argue for argument sake but a presidential candidate who still calls himself the Deputy Prime Minister should do a little better than that.

      2.The question whether the PM should be consulted or not does not even arise. Kibaki knows he had to consult the PM and actually has been doing that. The PM in is statement says the consultations are incomplete were underway when Kibaki unilaterally decided to do the appointment while the PM was away.

      3. This is exactly what happened with the Chief Justice circus when Kibaki decided to make appointments while Raila was in Addis and consultations were incomplete. At that the Kibaki clowns argued that consultation does not mean consensus. They lost that argument and Kibaki was eventually forced to back off when in humiliation he withdrew the appointments and we ended up with Dr. Mutunga. Imagine what would have happened if the PM did not stand up with Kenyans. It would have been the death of reforms in the judiciary. The PM has to stand up again with Kenyans to stop Kibaki’s Ngoroko business with our police force.

      4. With the public objection from the PM and the letter from the Oversight Committee this matter is a slum dunk in court. Kibaki’s appointments are going to be rejected and thrown out.

      5. The PM should leave it to the civil society groups to take the matter to court. From what I know they are doing exactly that.

      6.Will the fact that key positions in the police remain vacant mess up with security issues? May be but it is much worse to put known criminals in charge of the police force and Ndegwa Muhoro is worse that a criminal. That is the man who gave us the Artur brothers. He is involved in all sorts of smuggling going on. He has been implicated in all sorts of abuse of power even arresting people on fake charges when he had some land dealings with them. .

      7. Politically this is the perfect time to raise this issue. The Waiganjo circus has shocked the country. The police chief himself, Mathew Iteere, is up to his eyeballs in that mess. That is a Kibaki appointee. Raila only needs to point to the mess in the Waiganjo case and the Baragoi debacle to let Kenyans know that there is a terrible cost to be paid if we allow crooks to run the police force. If Kenyans ever needed a real clean up in the police force, now is the time and given what is in the public domain, the citizens are going to support the PM.

      I think this is perfect timing for the PM. Let the mess go on and sort it out after the elections.

      • And here is the statement from the PM.

        PM rejects Police appointments as unconstitutional, saying the three cannot reform police

        Prime Minster Raila Odinga has rejected all three appointments gazetted by the Office of the President yesterday, saying they were unconstitutional as agreement had not been reached with the President about the appointees. The gazette notice indicated that Ms Grace Kaindi and Mr Samuel Arachi were appointed Deputy Inspectors-General of Police while Mr Ndegwa Muhoro was confirmed as the new head of the CID.

        “I had raised objections to all three names that were presented to me in the consultations that were underway,” the Prime Minister says. “I had indicated that these officials had to have untainted records, given the powerful role of the Police in every aspect of the nation’s life, including of course the upcoming elections. The Independent Police Oversight Authority Chairman Macharia Njeru had also issued a scathing report highlighting serious allegations touching on the integrity of CID head Ndegwa Muhoro. Mr Njeru had written to the President and the Prime Minister indicating that Mr Muhoro should not be considered for any of the upcoming police appointments.”

        The Prime Minister said that he was deeply concerned that the reforms in the Police, which were considered among the most important in the new Constitutional dispensation, could not be carried out by the new appointees, all of whom were existing officers in the current force and had blemished records.

        The overall reforms that Kenyans demanded and then won through our new Constitution could not possibly be implemented if an area as paramount as the country’s security was not comprehensively reformed. Such appointments would also diminish the confidence Kenyans need to have that the Police would play a completely impartial role in security surrounding the elections, Mr Odinga said. “The absence of police reform will continue the insecurity that pervades the country and would scuttle too many other gains that the Constitution had provided Kenyans.”

        “The depth of the rot in the force is on full display right now as investigations and inquiries lay bare how an impostor was acting as a senior police officer,” Mr Odinga continued. “This impostor was not only issuing instructions to senior officers but participating in highly sensitive security briefings, including the one that preceded the Baragoi operation which led to the massacre of 42 officers.”

        Constitutional provisions were violated on two important fronts, the PM said. The National Accord, which is part of our Constitution, explicitly indicates that senior appointments such as these must reflect agreement by both sides of the coalition. In addition, these appointments needed to be gazetted within five days of parliamentary approval. This was not done.

        The PM said he had objected to the very first list, as it violated laws on gender balance. “They then tried to change this law to remove the gender balance provision, but luckily that went nowhere.”

        The PM said consultations had been at an advanced stage and then they were abruptly discontinued, and the appointments announced when he was attending the World Economic Forum in Davos, Switzerland.

        The Prime Minister said the appointments were unacceptable and cannot be allowed to proceed. His Office is working with other constitutional institutions to stop these appointments from taking effect, he said.

        26 January 2013

    • Welcome my friend. I think CORD is going to win this election. They are moving very smartly. Their ten point manifesto today has upstaged all the other wannabes.

      On this police matter it is obvious it is going to court. Foolishly enough, believe it or not, some people are still arguing that there is no need for consultation between the President and the PM on the matter. Excuse me. That is not even being contested by Kibaki. They already accepted that there is need for consultation and they have been doing that except they cut it off.

      So the issue of whether there should be consultation or not is irrelevant. The issue is the integrity concerns raised about the likes of Ndegwa Muhoro and the “shoot to kill” lady, Grace Kaindi, who might be heading to The Hague to tell us who gave the orders of “shoot to kill” that she talked about during the PEV. The show is just beginning and we need these folks to be in the limelight. They put Muthaura there and killed him. Now they are setting others up. They will be caught. wembe ni ule ule.

      • Adongo,

        Thank you for the welcome, i had no idea that you guys had made a home at this place and were continuing with the struggle as usual. I am glad that the fiasco of the primary nominations within CORD has not dampened your spirits and you guys have compatilized each case on its own merit and placed it where it belong. I say thanks again. Now that we are done with that little part, let us refocuse back to the needs of our nation.

        There is no doubt in my mind that CORD is forming the next government, but there are things we must watch out lest we fall back into the pit which Kibaki seem hell bent into taking us. I dont know whether the newly minted Police Oversight body is capable of overseeing that the Inspector General plays by the rule and does not become anyones lapdog, that include the outgoing administration. We must insist on formulating new rules of engagement vis a viz the public relation with Police force.I believe the sanctity of our new constitution must be preached constantly to all so as to enable its value and prerogatives sink deep into our subconscious; only then shall we claim to have moved forward in terms of judgement to the way we are governed.

        As things stand now,CORD seems to be the place where the stone of our nations foundation might be residing and its the duty of every patriotic kenyan to see this emergence of hope given a chance.

  4. nokjnr,
    Raila could not have rejected before Kibakis purported appointment. He had no basis to do so. Besides, he had already registered his dissatisfaction with the nominees.

    Its simple. The constitution has to be followed. The appointments are null and void.

    This man Mwai Kibaki does not get tired of trying to thieve. Once a thief always a thief

    • Mzee

      I agree with you 100 % ideologically. But let’s look at it from a practical view. Cleaning up this arrogant move of the outgoing President will need time and some fighting which at the moment needs to be directed towards getting voters to see the right path.
      Some other folk somewhere asked if there NARA still has teeth. I for sure know that although parliament has been dissolved, NARA still exists and will do so untill the new President and his team take over. Meaning , the PM must still be consulted on all matters of this nature.

  5. http://www.nation.co.ke/News/Raila-rejects-Kibaki-police-appointments/-/1056/1675768/-/ovcm6m/-/index.html
    http://www.standardmedia.co.ke/?articleID=2000075907&story_title=Kenya-Raila-rejects-three-police-appointees

    38 days to elections and the security apparatus which is so crucial for stability esecially in the coming days, has vital sections of it’s command structure missing. Will Kimaiyo be able to compensate this?
    Raila does have a point but the timing is inappropriate and should have been earlier enforced. Moreso, this raises tensions further and with the volatile nominations barely a whisk away is this a good move from the PM ?

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