CORD Exposes Scheme of State Return to Terror

RETURN OF STATE TERROR

We are in possession of a copy of a letter dated 24^th June 2014 written by Mr. Joseph K. Kinyua, the Chief of Staff and Head of Public Service and addressed to Njee Muturi, the Solicitor General and copied to Prof. Githu Muigai, the Attorney General whose contents are extremely disturbing and constitutes a drastic reversal of the democratic gains attained by the enactment of the New Constitution.

The letter demonstrates the desire and scheme of the  Jubilee administration to use the law of treason to achieve political objectives, unrelated and extraneous  to the principles and jurisprudence of Kenya’s criminal justice system. This letter is the clearest indication that the Jubilee administration wants to arrest and detain the leaders of CORD on charges that have no basis in our Constitution and the law in order to emasculate the opposition and give the regime opportunity to introduce the imperial presidency and despotic rule. We are also concerned that this initiative by NASC excludes the office of the Director of Public Prosecution, a constitutional and independent office with the mandate to institute and undertake or to withdraw and terminate criminal prosecutions.

The Governor of Lamu county was recently arrested and detained without charges on the pretext that he would be arraigned on offenses under International Crimes Act. No such charges have been preferred to date. This was a case of politics and the Governor should be left alone so that he can continue with his work in Lamu.

In 1997 the law of sedition was repealed from our Penal Code under Act No. 10 of 1997 because of the trend in those years of dragging Kenyans into criminal courts under that law. The law of detention without trial has also been replaced.

The Jubilee regime cannot be allowed to take Kenya back to the dark old days where state terror was directed against patriotic Kenyans who were struggling against dictatorship and injustice in the name of state security.

CORD remains firm and steadfast in its commitment to make Kenya a better place to live in and no amount of intimidation or harassment will compromise CORD’s relentless struggle to enable the people of Kenya reap the fruits of the New Constitution.

Finally we are concerned about the membership of the National Security Council and the National Security Advisory Committee which does not portray the face of Kenya and is prone to fall prey to the advancement of a parochial and hegemonic agenda in the country to the detriment of national unity.

Rt. Hon. Raila Amolo Odinga

Hon. Stephen Kalonzo Musyoka

Sen. Moses Masika Wetangula

Nairobi 16^th July, 2014

Cord Press Briefing Reiterates National Dialogue "to Stop Complete Collapse of Kenya"

ADDRESS BY RT HON RAILA AMOLO ODINGA TO THE MEDIA
Tuesday, June 3, 2014:

Am happy to be back home after a very rewarding three-month stay in the US as a guest of the Africa Presidential Centre in Boston University. It was an extremely useful experience.

The late Chinua Achebe wrote, “The world is like a mask dancing. If you want to see it well, you don't stand in one place.”

The three months across the US accorded me an opportunity to exchange views and experiences with other leaders in different sectors.

It was a chance for me to look at our world from different spots, from outside and see how we are dancing on it.

I believe that in the process, I was a good ambassador for our country, pro bono, on the international stage. I want to believe I represented our country well.

I did give many talks in several respected universities including Harvard, Columbia, Princeton, Elizabeth City in North Carolina, Morehouse in Atlanta and the University of Massachusetts. I also accompanied Madam Ida Odinga to Wellesley University where she also gave a talk.

We had meetings with the top management of these institutions.

At all meetings, we appealed strongly to them to expand admission and scholarships to young Kenyans.

I have faith that some day, some Kenyan children will benefit from my appeal to the universities.
In the meantime while I was away, I kept on following events back here at home and I realized things were getting from bad to worse.

Kenya has been going through a VERY, VERY, rough stretch compared to any time in our recent history.

We are fighting Al Shabaab abroad and at home, and the end does not seem to be in sight. I don't pretend I know all the answers but we must all be ready to look for viable solutions through some serious dialogue.

Terror has claimed too many lives already. Nobody feels safe anymore.

Our tourism is collapsing and people losing jobs in their thousands.

In the midst of all this, cost of living is forever rising and families are struggling from month end to month end.

 At a time like this, divisive politics, particularly in government and public institutions, can only worsen and not improve our situation.

To add insult to injury, corruption is everywhere. The era and culture of primitive acquisition are back in a big way.

This is adversely affecting investments, demoralizing the business community, sinking our economy into irredeemable debts and impoverishing our people today and into the future. In that regard, we must not just forget and "move on" regarding the Anglo Leasing scam.

The payment of 4.1 billion shillings to an Anglo- Leasing type company by the Jubilee government is a slap in the face of the Kenyan people who have opposed impunity and corruption for decades.
We are calling for the refund of this money that has been paid out.

We also call for the prosecution of all the civil servants, plus their business associates, who have aided and abetted this scam that has led to Kenya losing over $300 million.

Nobody should be cheated that there is any relationship between the paying of this Anglo- Leasing money and our credit rating with regard to the Eurobond.

Any such attempt to derive an association between the two is a lie.

The re-emergence of big time corruption, with inflation of contract costs and demands for kickbacks, added to the growing insecurity in our country mean no investors will me coming here.

That means no new jobs and disappearance of old ones. That means more desperation for everybody and especially our youth.

WE MUST GATHER ALL THE COURAGE TO DEAL WITH THIS CRISIS AND STOP THE COMPLETE COLLAPSE OF OUR NATION.

That is why we are calling for a NATIONAL DIALOGUE not to have CORD join government but to provide Kenyans with a platform to discuss and resolve the following issues:

1. Security.
2. Corruption.
3. National Unity and Constitutional inclusivity in public appointments and government.
4. The IEBC, the electoral process and credibility of elections.
5. The restructuring of the Provincial Administration and Devolution.

We expect Jubilee to treat this matter with seriousness it deserves and provide a team to engage with us

In the meantime we shall continue to consult Kenyans and discuss with them in our National rallies.

Raila Denies CORD Wants to Join Government - Reaffirms Demand for National Dialogue

CORD LEADER RAILA ODINGA says CORD NOT INTERESTED IN JOINING GOVERNMENT:

Hon Raila Odinga wishes to state that the CORD coalition has never contemplated and will never contemplate, joining the Government.

CORD however will not relent on its demand for a national dialogue focusing on the most immediate and compelling problems facing the country including:

1. High cost of basic necessities.

2. Peace and security for the land and the review and reform of security organs.

3. Implementing and empowering devolution and ensuring the county governments get their equitable share of national revenue.

4. The electoral system and process and the overhaul of IEBC.

5. Eradication of corruption.

CORD’s intervention is driven by a growing feeling that the Jubilee administration has lost touch with the pains of ordinary Kenyans who struggle with house rent, bus fare, school fees and high cost of basic commodities like milk and unga.

CORD is concerned that Jubilee may be missing what the evacuation of hundreds of tourists and closure of hotels means to the many waiters, cooks, tour van drivers and tour guides who depend solely on the tourists.

CORD is convinced the fact that Jubilee is quoting figures indicating the economy is well on track further indicates a government losing touch with the struggles of its citizens.

The Opposition coalition views the fact that Jubilee is quoting figures indication the economy is on right track as further indication of loss of touch with the struggles of the voters.

If the trends continues, the next year will be as painful as the last, if not worse.

Cord is not keen on joining such an administration. It is keen on standing up for Kenyans, and it shall do that.


DENNIS ONYANGO
JUNE 1, 2014

CORD Statement on Governments Restructuring of Provincial Administration and Order to Pay Anglo Leasing Debt

Fellow Kenyans, for quite some time now we have constantly voiced our concern that indeed the Jubilee coalition is not committed to devolution. President Uhuru and his deputy have not missed any opportunity to volubly assure Kenyans that they are devoted to devolution. However as the saying goes, action speaks louder than words. This act has clearly vindicated our long held view that this government is not committed to devolution.

1. The president’s unilateral action of restructuring the maligned and archaic system of provincial administration is unconstitutional and negates the well-established principles of devolved system of government. The constitution vests sovereign authority in the people of Kenya which power is exercised by the people through their elected representatives. The people of Kenya overwhelmingly voted for the 2010 constitution and by dint of that act vested their trust and authority in the devolved government.

2. We wish to remind the president that reliance placed on Article 132 (3)(b) of the constitution and section 7 of the National government Coordination Act is exaggerated, misinformed and misconceived. Indeed it is an elementary rule of Constitutional Construction that no one Provision of the Constitution is to be segregated from the others and to be considered alone, but that all Provisions bearing upon a particular subject are to be brought into view and to be interpreted as to effectuate the great purpose of the Instrument. In a nutshell article 132(3)(b) must be read together with articles 1(3)(ba),6,10 and section 17 of the 6th schedule to the constitution. As it is now, the belated introduction of the provincial administration through the back door is unconstitutional and we will use all legal means available to reverse it

3. That section 17 of the 6th schedule to the constitution demands that within five years from the effective date, the national government should restructure the system known as provincial administration to accord with the new devolved system of government. The letter and spirit of this section requires a participatory approach in restructuring the provincial administration including public participation as envisaged under article 10 of the constitution. More importantly emphasis is placed on the process being undertaken by the national government. As it were there is no evidence to suggest that both the Senate and the National Assembly have been involved in restructuring provincial administration as contemplated under the constitution. The process envisaged cannot in anyway be discharged by a few bearcats in the public service. The president’s actions are manifestly unconstitutional and this amounts to a flagrant violation of the constitution

4. That the presidents unilateral decree for payment of Ksh.1.4 billion to the architects of the Anglo leasing scandals is the lowest ebb in our struggle to combat corruption and engender prudent management of public resources in this country. The rational given by the president is at best laughable and at worst cynical. It must be remembered that in 2006, the president while serving as the chairman of the parliament public accounts committee (PAC) conducted investigations and filed a robust report that was duly adopted by parliament. At the core of the report was a solid recommendation that no payments whatsoever should be made to Anglo leasing contracts. Parliament has not varied that recommendation and it remains to date. We wonder what spiritual baptism the president has undergone as to irrationally demand the clearance of the fraudulent sums.

a) The arguments that nonpayment of the kshs.1.4B affects the capacity of the government to borrow internationally are neither here nor there. The bottom line is that the Anglo leasing contracts were fraudulent and therefore cannot be honored. The international community that espouses best business practices cannot in anyway compel the government to honor contracts that are tainted with fraud and illegalities.

b) The threat that Kenya’s embassies will be attached and put up for auction is a scare monger tactic by the government to coerce the country into honoring evil deals. There is no evidence even to suggest that Kenya owns those embassies. Most of them are rented and cannot be the subject of attachment. More significantly, our embassies are fortressed by the Geneva conventions and cannot therefore be liable to attachment and auction.

5. That attempts to honor Anglo leasing contracts violate Article 201 of the Constitution which sets principles that guide all aspects of public finance in the Republic. This includes the requirement that public money shall be used in a prudent and responsible way and further that there shall be openness and accountability including public participation in financial matters. The fraudulent nature of the Anglo Leasing deals further offends Article 227 on legitimate contracting and Article 10 which enacts national values and principles that bind all State organs, State officers, public officers and all persons whenever they make or implement public policy decisions”. These include integrity, transparency and accountability.

6. It is regrettable that the president has turned into a rodent that is eating away the very core of the constitution that he swore to protect. We wish to remind him that our constitution is not a lifeless piece in a museum. We will use all means possible at our disposal to defend it and secure public interest.

7. It is our considered view that the president’s decree in favor of Anglo leasing is inadequate even to invite our conscience, impotent to warrant payment from the exchequer, ridiculous for for sanitizing fraud, scandalous if brought forward to earn public support and monstrous if to ruin our already strained economy.

Hon KalonzoMusyoka _______________________
Party Leader, WDMK


Hon Moses Wetangula ________________________
Party Leader FORD-K


Hon Sen Anyang Nyong’o _______________________
Ag. Party Leader ODM

CORD Press Statement of 24 April 2014

COALITION FOR REFORMS AND DEMOCRACY PRESS STATEMENT, 24TH APRIL 2014 

Fellow Kenyans, it is now more than one year since we went to the polls to elect new leadership for our beloved country. Being the opposition coalition and in exercise of our constitutional mandate we wish to state as follows;

1. That this being the first election under the new constitutional dispensation, Kenyans had high hopes and expectations that there will be a paradigm shift in management of public affairs. To their consternation however, the past one year has only yielded so much from the past, regurgitated the old bureaucratic and corruption networks, bred a new cycle of crippling unemployment and condemned millions of Kenyans to abject poverty through unconscionable policies that have driven the cost of living well beyond the means of ordinary Kenyans. Indeed there is no adjective - at least not one that could be legitimately printed in these pages - that does justice to just how appalling this one year has been.

2. That the security situation in the country has oscillated from bad to worse under the watch of the jubilee government. Whereas CORD abhors terrorism in all its manifestations, we take exception with the brutal and inhumane manner in which the government is undertaking the security operation. Ethnic profiling of members of the Somali community is in itself an illegality in law and runs against well-established doctrines of international human rights law and conventions that Kenya is a party to. Similarly we decry the escalating insecurity across the country under the watch of our security forces. We demand for a well thought out security mechanism that will secure our homeland and international borders.

3. That the proposed digital registration of persons is another conduit to syphon public funds through dubious tendering process that have become so reminiscent of the jubilee administration. While the idea could be noble in the long run, we take exception with its timing and implementation mechanism. The Kshs.8 billion projected for this kind of project has not been factored in the budget neither has the senate and the national assembly been afforded an opportunity to deliberate on the matter. It is even telling, that IEBC, the very institution that tragically failed in utilizing technology despite expending billions of tax payers’ money is being proposed as the implementer of the process. We take this as an immoral reward of the commission for bungling the election

4. That we applaud the standard group for its in-depth investigative journalism in unearthing the folly and rot of the bungled march 4th 2013 elections. Indeed the expose has vindicated the long held position by the Coalition that the March 4th elections were bungled and as indicated in the Jicho Pevu expose, no candidate garnered the required constitutional threshold of 50% +1 yet IEBC manufactured a set of its own results and a winner. As nature would have it, the ghosts of the bungled elections still loom large, not even the belated public mechanizations’ by IEBC can wish them away. The truth will ultimately prevail.

5. It is now clear that the “Independent” Electoral and Boundaries Commission (IEBC) contrary to its name never exercised independence and impartiality during the March 2013 elections. It instead blatantly mortgaged its Independence to security and business interests hell-bent in seeing a jubilee government in power. The courage exhibited by Mohammed Ali and John Allan Namu is so strong that it even overwhelms impunity in all its manifestations. In furtherance of this;

• CORD will in the pendency of the current session of parliament sponsor a bill in parliament which among other things will seek to devolve IEBC and fix other far reaching electoral reforms aimed at ensuring that, never ever again will Kenyans ever go into an election where their votes count for nothing.
• CORD is also in the process of compiling a list of IEBC officers who served as returning officers in the last general elections; where it has been reported and there is evidence that form nos. 34 and 35 are missing, with the view to holding them individually responsible for losing those forms and thus taking them to court for Professional negligence among other crimes of omission and commission against the Kenyan people as envisaged under the Elections Act.

6. That CORD will continue to proactively check the government and secure public interest through the two chambers of parliament. We commit to strongly work together with other actors such the civil society and the media in protecting public interest and offering alternative policies to develop our country.

SIGNED
Hon Kalonzo Musyoka _______________________
Party Leader, WDMK

Hon Moses Wetangula ________________________
Party Leader FORD-K

Hon Sen Anyang Nyong’o _______________________
Ag. Party Leader ODM

CORD Statement on Hon. Wetangula's Court of Appeal Judgement

PRESS STATEMENT

18/03/14

Our attention has been drawn to recent media reports concerning the verdict delivered by the Court of Appeal on Friday the 14th of March 2014, sitting in Kisumu. This was in relation to an appeal launched by Bungoma Senator and CORD co-principal Sen. Moses Wetang'ula following a ruling made by Judge Francis Gikonyo nullifying his earlier win in the March 4th Senatorial election.

The Court of Appeal sitting in Kisumu had delivered a verdict cementing its earlier decision that threw out Senator Wetang'ula's appeal against a high Court decision to nullify his March 4th victory. In so doing, the appellate Judges therefore allowed a Senatorial by-election in Bungoma County to go on as scheduled by the IEBC on 19th Dec. 2013 which Sen. Wetangula won with an overwhelming majority.

In light of the misleading impression created by recent media reports we wish to state as follows:

• That the Court of Appeal delivered its ruling regarding the said appeal by Sen. Wetang'ula on the 11th of December 2013, during which the appellate Judges threw out Senator's appeal against the high court ruling that had nullified his March 4th senatorial win. In the ruling, the three judge bench headed by Hon. Justice David Maranga had PROMISED TO ISSUE REASONS FOR THE DECISION LATER.
• That the above case is similar to the case where the Supreme Court dismissed the case by Hon. Raila Odinga against the election of Pres. Uhuru Kenyatta, where the case was dismissed and the Supreme court promised to issue the reasons for the dismissal later.
• That the public should be informed that the verdict as read out on Friday 14th March opens nothing new to the already closed petition; the petitioner won the case and a Senatorial by election was allowed in Bungoma County where Senator Wetang'ula trounced the rivals.
• That the merits and demerits of Sen. Wetang'ula's eligibility to contest were thoroughly exhausted up to and a categorical statement by the Office of the Director of Public Prosecutions exonerating the Senator from any culpability in the alleged election offences based on evidence adduced. Justice Gikonyo in his clarification days after nullifying his election gave Sen. Wetang'ula a-go-ahead to vie in the resultant by-election despite spirited efforts by his detractors to have him barred from running.

We are fully aware of the desperate attempts by known political detractors to continue with their wicked machinations to frustrate the CORD leadership in general and Sen. Wetang'ula in particular through legal and extra legal machinations. CORD will not sit down and watch as its leadership is wrecked by a people whose political relevance is past tense.

It is not lost to the Kenyan people that, the recent Bungoma Senatorial by- election was in itself a desperate ploy by the said detractors to deny the people of Bungoma their democratic will to elect Senator of their choice. However, the people of Bungoma County saw through these evil schemes and re-affirmed their trust and belief in Senator Wetang'ula by an even bigger and overwhelming victory.

We wish to categorically state that no amount of witch-hunt, intimidation or backstabbing will prevent the CORD leadership from pointing out the ills of enormous corruption and bad leadership bedeviling this country under the Jubilee leadership. Not even attempts to eliminate the leadership through attempted assassinations casually and comically dismissed as "billboard accidents" will stop CORD from exercising its democratic right of providing the checks and balances to the already failed Jubilee administration.

We appeal to our supporters to be calm and treat the information being peddled around by our detractors with the contempt it deserves. The Media needs to give facts to the consumers of their information and not choreographed stuff. Such misleading information is meant to unsettle and distract not only our leadership but also our supporters.
CORD further wishes to reaffirm its commitment to providing innovative, alternative, effective and pragmatic solutions to the challenges facing the Kenyan people.
God Bless Kenya.
Signed

Hon Wafula Wamunyiyi
Hon Jared Opiyo
Hon Eseli Simiyu
Hon. Dorcas Kedogo
Hon Silvance Osele

Resolutions of the CORD Parliamentary Group Meeting at Great Rift Valley Lodge

We the members of the CORD Parliamentary group meeting at the Great Rift Valley Lodge on the 9th to the 10th of February 2014 hereby resolve as follows: 

1. That CORD takes great exception to the manner in which the Jubilee administration is handling the ravaging famine situation that has afflicted various parts of the country, particularly Turkana and parts of the Coast region. We are therefore demanding that the jubilee government undertakes expeditious and sustainable measures to alleviate the continued suffering by Kenyans in those regions. 
2.  That whereas CORD abhors terrorism in all its manifestations, we condemn in the strongest terms possible the reckless, barbaric, irreverent and brutal manner in which the police executed the raid on the Masjid Musa Mosque resulting in unnecessary loss of innocent lives and illegal detention of minors who were in the mosque to partake the free lunch that was on offer on the fateful day. CORD reiterates its sympathies and support for the people of Mombasa and will initiate measures to ensure justice is done and that the police officers who perpetuated the murders are brought to book. 
3. That CORD is alarmed with the continued and intensified institutionalized corruption in government ranging from the standard gauge railway scandal to the Tassia housing scandal under the watch of the Jubilee administration. It is instructive to note that even the President has acknowledged that his office is infested with corruption yet no measures have been taken to combat the same. We call on the Jubilee administration to urgently take concrete steps to deal with corruption using legitimate and effective state institutions. 
4. CORD condemns in the strongest terms possible, the insensitive manner in which public secondary schools are randomly increasing school fees without the slightest regard to the plight of bright kids from disadvantaged families. CORD is demanding that urgent corrective measures be instituted immediately and KCSE certificates from poor families withheld since 2007 be released to them forthwith. 
5. CORD notes that there are significant deficiencies in the constitution that need to be addressed ahead of the next general elections. In this regard radical electoral reforms, including the setting up of a new, credible electoral commission, must be undertaken as part and parcel of addressing the deficiencies in the constitution in a national dialogue to be held as soon as proper arrangements are in place. In the meantime, we call upon the electoral commission to immediately initiate the registration of voters as the registrar of persons issues IDs to all qualified Kenyans. 
6. That CORD recommits itself to work in parliament as a strong team to defend devolution and ensure good democratic governance at a time when the Jubilee administration is hell bent on rolling back the democratic gains the Kenyan people have won. We strongly condemn the Jubilee Government’s determination to re-introduce the discredited KANU’s authoritarian one party rule of yester years that under developed our country. 
7. CORD stands in solidarity with the people of South Sudan in their quest for peace, security and good governance as they seek for lasting solutions to the current conflict. CORD calls upon the two parties to the conflict to seek dialogue and inclusiveness in the Democratic dispensation that the citizens will accept.

SIGNED:

The Right Hon Raila Odinga
ODM Party Leader 

Hon Stephen Kalonzo Musyoka
WDMPK Party Leader 

Hon Moses Masika Wetangula
FORD KENYA Party Leader


10th February 2014, the Great Rift Valley Lodge - Naivasha

Deteriorating Security in Marsabit and Neighbouring Counties

The problem of insecurity that dogged counties of Northern Kenya, particularly Marsabit for most of 2013, has crossed with them into 2014.

In the past, the National Government cobbled pretenses like deploying the military and sending more police to deal with the menace.

It would appear that deployment of the military in what are police operations, dispatching policemen to go after the attackers and the Nyumba Kumi programme are all that Jubilee had in mind for security.

Truckloads of police and military officers have failed to contain the menace in Marsabit and neighbouring counties including Turkana and parts of the Coast. These have not worked.

Instead, gunmen have attacked the police and the military, the very institutions the country relies upon to ensure its internal and external security. This is a reflection of a deepening problem.

Consequently, Kenyans in these areas appear to be getting left on their own. The National Government appears to be raising its arms in surrender and blaming the victims as insecurity soars.

The leadership of the County Government of Marsabit is being blamed for failing to contain insecurity. This latest twist is the clearest indication yet that the Jubilee Government is getting increasingly clueless over the worsening state of insecurity in the country.

It ought to be clear to all that security is a function of the National Government and not the County Government. Of all the functions of the National Government, provision of security to life and property of citizens is the most sacred. It is where the government is failing the most.

As Opposition, we have consistently demanded that county governments be given a say on security matters and that Governors be allowed to chair security committees.

Jubilee has resisted this and insisted on the renamed provincial administration as the custodians of security across the country. It has failed to work and Jubilee must not shift blame.

The National Government must take full responsibility for the failure and escalating insecurity across northern Kenya and other parts of the country.

We call upon the Jubilee administration to desist from stigmatizing and antagonizing governors with their voters by blaming them for responsibilities that belong to the National Government.

We see a plot by Jubilee to dissolve particularly the county government of Marsabit in the hope that another election may yield Jubilee leadership.

There appears to be a scheme to terrorize pastoral communities into a belief that their security lies with voting for the ruling coalition.

For some strange reason, Jubilee has never forgiven the people of Marsabit, the Coast and Turkana for voting for CORD.

CORD finds these maneuvers completely unacceptable and will fight them to the bitter end.

We call upon the residents of the affected counties to demand their right to security from the National Government and to hold the same national government fully responsible for their misfortunes.


RT. HON. RAILA A. ODINGA
JANUARY 10, 2013.

CORD's Rebuttal Statement to Hon. Mudavadi's Allegations

PRESS RELEASE BY HON. WAFULA WAMUNYINYI, THE FORD-KENYA CHAIRMAN, BUNGOMA COUNTY AND CHAIRMAN OF HON. MOSES WETANGULA CAMPAIGN TEAM ON HON. MUSALIA MUDAVADI’S OUTBURST ON RT. HON. RAILA ODINGA.

Following the cowardly and unfortunate statement by Hon. Musalia Mudavadi towards the Co-Principal of the Coalition for Reforms and Democracy (CORD) the Rt. Hon. Raila Odinga yesterday, I wish to respond as follows;

Musalia Mudavadi re-appears from the ashes of the March 4th 2013 to do what he does best… SPOIL.

Musalia Mudavadi yesterday released a hard hitting press statement targeted at the Rt. Hon Raila Odinga accusing the Prime Minister of seeking to "divide the Luhya community for personal gain."

The biggest limitation of Hon Mudavadi is his lack of vision; what he sees as an attempt to divide the Luhya community is in reality a selfless effort at uniting the Luhya community with the rest of
 Kenya! He should learn from Senator Bonny Khalwalwe who has seen the error of his ways and joined CORD in pursuing a vision of one Kenya for all.

Mudavadi should know that there is no battle for supremacy between him and Mr. Odinga because he holds no waters in Bungoma politics. Nobody takes him seriously on anything as it is a fact that everyone knows his opportunistic and cowardly style of politics where he is always waiting to be invited, offered and given.

It is an open secret that Amani group have a post election agreement with the Jubilee coalition and this makes the Bungoma Senatorial race to be a contest between CORD and Jubilee. Therefore, it is foolhardy for Mudavadi and his team to purport to run away and disown their association with Jubilee as this only explains how opportunistic he can be.

On the 19th of December 2013, the people of Bungoma will vote for their Senator and regardless of how one interprets it; this will be a race between CORD and JUBILEE. I want to tell Mudavadi for free that the people of Bungoma county and Western region as a whole have absolutely no time for Jubilee and their shenanigan will tumble come the 19th of next month.

Mudavadi can not just accuse the Rt. Hon. Raila Odinga of being disrespectful to others when in his statement he displays the most veil, discourteous and disrespectful language towards the same man he is accusing; as two wrongs don’t make a right.

CORD's vision goes beyond tribal cabals organized to act as a platform to propel individuals to power or shield them in times of adversity. CORD seeks to integrate all Kenyans as one people regardless of ethnic, religious, social or economic background.

This is why CORD has legislators, Senators and Governors from all over Kenya! Mpuri Aburi in Meru, Simba Arati in Nairobi, Hassan Ali Joho in Mombasa, Ukur Yattani in Wajir, Millie Odhiambo in Mbita, Wilfred Machage in Migori, Chris Bichage in Nyaribari Chache, Ababu Namwamba in Budalang'i, Alfred Mutua in Machakos, Peter Ole Nkedianye in Kajiado, Wycliffe Oparanya in Kakamega, Amason Kingi in Kilifi, Mutula Kilonzo Junior in Makueni, John Munyes in Turkana etc, etc... ODM's Executive Director Mr. Magerer Langat is from Kipkelion, Deputy Director from Central, Wiper Executive Director Brigadier Rop is from Nandi, the list goes on and on. Our nominated Senators are ALL WOMEN; the youngest Senator Miss. Daizy Kanainza (24) is from CORD and hails from Kakamega whom Amani fought vehemently before she was confirmed.

Look at the face of the Amani Coalition; where is the diversity? Where are the women? What is this "unity" that Hon Mudavadi talks about? Tribal unity? CORD on the other hand stands for national unity.

Hon. Mudavadi must explain to the Luhya nation how he lost the control of Vihiga County, his birthplace to Hon. Moses Akaranga on a little known party called PPK… He must explain why he lost his parliamentary seat in 2002 to the same Mr. Akaranga while serving as the Vice President of the Republic of Kenya before he accuses others of being disrespectful. The man is a relic of political history and unworthy of the engagement of CORD Principals Rt. Hon. Raila Odinga, H.E. Hon. Kalonzo Musyoka and Hon. Moses Wetangula.

We urge Hon Mudavadi to conduct an issue based campaign, if he cannot;
he should leave it to those who understand the issues facing Kenyans.

HON. WAFULA WAMUNYINYI, MP-KANDUYI
FORD-KENYA CHAIRMAN, BUNGOMA COUNTY.
27TH Nov. 2013

CORD Statement on the International Criminal Court

The International Criminal Court is based on the principle of complimentarity which makes the court’s jurisdiction subordinate to national courts except in very limited and well established circumstances and situations.

The Court’s objective is partly to put an end to impunity so that the perpetrators of serious crimes within the jurisdiction of the court, including crimes against humanity, are punished.

The Constitution of Kenya aspires to put Kenya in the frontline of states that respect, defend and protect human rights with a view of developing a culture of human rights Articles 2 (5) and (6) and 59 of the Constitution together with the Bill of Rights underpin the centrality of Human Rights and International Law in Kenya's Legal System.

Kenya’s membership to the Assembly of State Parties of the International Criminal Court is a demonstration of the people’s sovereign will, in action, to be part and parcel of the family of nations which since the creation of the United Nations have reaffirmed their faith in fundamental human rights and in the dignity and worth of the human person. Lip service to the values and principles of the United Nations as contained in the Charter and the various declarations and covenants of the global body continues to be the bane of peace, security and well being of the world. The relationship between the International Criminal Court and the United Nations underscores its instrumentality in meeting the objectives of the international community in attaining peace and security.

For Kenya to remain faithful to the Constitution as enacted and proclaimed on 27th August 2010 we must not contemplate withdrawing from the Rome Statute. Kenya cannot exist outside the realm of international law in all situations. That thinking has not helped former and current leaders of Libya, Cote d’Ivoire and Sudan to run away from or be shielded from international justice.

Even before the enactment of the Constitution, Kenya had enacted the International Crimes Act of 2008. However it did not come into operation immediately. The Act domesticated the Rome Statute and established clear mechanisms for cooperation between Kenya and the International Criminal Court. The Rome Statute is now part of Kenya’s municipal law.

Withdrawal from the International Criminal Court will be inconsistent with and defeat the purposes and objectives of the Constitution of Kenya and will not bring honor to the nation and dignity to our leaders. The reputation of being the first country to pull out of the International Criminal Court is not a good one for Kenya. Merely a forthright ago the United Nations General Assembly reaffirmed its full support for the International Criminal Court and Kenya should not take lightly the resolutions and Commitment of the World body.

TheJubilee Coalitions motion to intimate Kenya's withdrawal from the Rome Statue is capricious and ill considered. It cannot objectively and concretely as it regards the current Kenyan cases at The Hague. Neither will the international Criminal Court suddenly disappear from the International Criminal Justice System or the world order.

We in CORD have never wanted to have our citizens tried outside our courts in a foreign land for crimes committed in our territory. We fought very hard for the creation of a court within our judicial and criminal justice system with the competence of dealing with international crimes. Collective amnesia has however been generated through falsehoods and propaganda to hoodwink the nation that the current cases in the Hague were triggered and propelled by way of a political stratagem and purpose calculated to advance the partisan course of a specific group. If that were so such abuse of a judicial process and oppressive conduct could never be entertained by any court including the International Criminal Court and that alone would be enough to vitiate any proceedings.

Prime Minister Raila Odinga with President Mwai Kibaki tried in vain to have a local judicial mechanism established by legislation but members of the 10th Parliament, most of them in the Jubilee camp frustrated the efforts. A delegation of senior ministers in the Grand Coalition Government was sent to Geneva and the Hague to seek more time to engage members of parliament and stakeholders with a view of avoiding the proceedings before the International Criminal Court. The Court and H.E. Kofi Annan granted the request but again the refrain ‘DON’T BE VAGUE SAY HAGUE’ had taken root. Vice President Kalonzo Musyoka undertook an extensive shuttle diplomacy to stop or suspend the trial of Kenyans at the International Criminal Court again without success. Raila Odinga engaged both the United States and the United Kingdom governments on a similar mission but the efforts did not bear any fruit and the United Kingdom gave its reasons in declining the request in writing. Hon Moses Wetangula was also engaged in the initiatives as the Minister for Foreign Affairs and a member of the cabinet committee that was dealing with International Criminal Court matters at the time. The record of the CORD leadership has therefore been very clear, consistent and unequivocal both on the question of the creation of a competent national tribunal and the referral of the current cases in the Hague back to Kenya.

Finally CORD wishes the President, the Deputy President and Mr. Joshua Arap Sang well and truly believe that they will be absolved through the judicial process of the International Criminal Court and that the cause of justice will be met. During the general elections CORD accepted the candidature of the President and the Deputy President without any hesitation in the spirit of democracy and justice. The narrative of our politics must qualitatively change in order to create an enabling environment for reform and progress. Kenya is not on trial and the people of Kenya are not at the stakes. CORD believes that international justice will render good judgment to our sons and the nation will emerge stronger and more united.

NAIROBI THURSDAY 5TH SEPTEMBER 2013

Statement by CORD on the Value Added Tax Act 2013

In an attempt to simplify and clean up the administration of the VAT, the government decided to drastically reduce the number of goods and services which have been zero rated or exempted from VAT.

Food fell into this category, and we have now seen such basic commodities like processed milk shooting up in prices much to the suffering of ordinary wananchi.

There is no doubt that a chain reaction in price increases will follow as costs of transport go up, costs of farm inputs increase and those who offer services to make the economy run put up their costs as well.

Soon, schools will raise fees because of growing cost of food and other consumables. Soon, students in colleges will be asking for increase in allowances for those on HELB loans to be able to afford life.

Parents of students not receiving loans will have to dig deeper into their pockets.

The levying of 16 per cent VAT on X-ray and Diagnostic services will deal a severe below to the health of Kenyans. To cut costs and accommodate poor patients, doctors will cut out X-ray and other diagnostic services and rely on clinical symptoms alone. The result will be increases cases of misdiagnosis and lots of death.

The new VAT law is going to hit the ICT sector hard, with price of phones and cost of talking going up.

The ICT sector contributed 5% to the growth of GDP in 2011-2012 from contributing 3.7% to the growth of GDP in 2010.

High pricing will reduce digital penetration and less penetration will reduce contribution to the GDP growth.

Youth are going to be hit hardest by an increase in mobile phone, computers and computer software prices.

This law will hurt the youth who dominate the startup businesses. People living in rural areas will be cut off the digital economy penetration. Of course it will hit hard the unemployed, majority of who are youth.

It must be recalled that in his 2009 Budget Speech, President Uhuru Kenyatta, as Finance Minister then, said:

“Mobile telephones have become an essential aspect of our daily communication and transaction system. To make the telephone sets more affordable to wananchi and expand the subscription base, I propose to exempt from VAT, all telephones, for cellular networks or other wireless networks. I do hope the dealers in these products will pass this benefit to ordinary wananchi by lowering prices.”

We challenge the President to explain this change of heart.

Savings are going to suffer as government levies tax on financial services, including banking and withdrawal of money.

Confused by statistics and economic verbiage, many Kenyans are unaware that each time they withdraw money from their accounts or make transfers in any form; they pay 10 per cent tax. This has pushed the cost of withdrawals up, as banks and other financial agencies pass the costs directly to consumers of the services.
 
We see a situation where Kenyans may be forced to withdraw and keep money under their mattresses.

We had earlier warned against a blind increase of VAT, especially when it comes to basic commodities and services which affect the lives of ordinary wananchi.

VAT is basically an attack on consumption trends and habits. It is the most cruel way for a government to raise money in an economy that is depressed and underperforming.
It works best in an economy that is overheating.
If the government wants to raise revenue, there are better, less painful ways of doing so without making taxation a burden.

Our Recommendations:

The most logical approach is to cut down on public expenditure, expand the tax base and reduce the tax burden of the ordinary wananchi while supporting the livelihood of vulnerable groups through social safety nets.

In fact, with the depression our economy is going through, this was the time to lower VAT from 16 to 14 per cent to encourage consumption and spending.

But we need to go further than that by redefining our food self sufficiency strategy, especially the production of such basic foods like cereals, vegetables and fruits.

With the onset of devolution, such a policy would focus on supporting large scale commercial production of basic foods in areas where costs are low and productivity is high.

When this is accompanied by household producers who have access to affordable farm inputs and effective government extension service, then economic growth will truly include ordinary wananchi.

Government investment in this strategy would produce better results in the short and long run than engaging in the punitive exercise of punishing the poor and vulnerable when VAT is increased across the board. In fact, we fear the increase in VAT may lead to failure by the government to meet its target in revenue as people cut down on consumption because they cannot afford.

Finally, while we must continue to invest in infrastructure so as to integrate our economy and stimulate growth, let us not forget the basic issues of poverty that still face us and the need to pay attention to basic needs.

We must scale up social safety nets, including cash transfer to urban poor, orphans, widows and vulnerable children. We do not agree that you can grow an economy simply by taking money from consumers.

This is a message that both the national and county governments need to take seriously and implement so as to avert a looming disaster of a glittering economy in terms of infrastructure when the bottom of society wallows in poverty.

COALITION FOR REFORMS AND DEMOCRACY;
NAIROBI;
SEPTEMBER 4, 2013.

Rt Hon Raila Odinga's Statement on Road Safetyand the State of Security in the Nation

THE RT HON RAILA ODINGA'S STATEMENT ON ROAD SAFETY AND THE STATE OF SECURITY IN THE NATION 

 I find the killing of innocent people has gone on for much of this year in Moyale and other parts of Northern Kenya disturbing and unacceptable. 

Too many meetings have been held with the national leadership and top brass of our security organs. Too many warnings have been issued by the National Government. Too many visits have been made to the affected areas. There has been too much talk of contingents of security formations being dispatched to Northern Kenya. 

Yet, in the end, nothing changes. 

From Garissa to Wajir to Marsabit and Mandera, insecurity, characterized by killing of innocent villagers, is becoming the norm. Today, Moyale has become the centre of these crimes. The number of victims is rising daily, while the National Government procrastinates, issues threats, makes promises and looks somebody to blame. 

This pattern must end once and for all. 

The National Government must restore sanity in Northern Kenya immediately to allow the people to settle down to the business of managing their lives and their future. 

The National Government must also, immediately, come up with concrete steps to end the carnage on our roads. 

The tears have barely dried and the grief has not ended among the families that lost members in the recent accident in Kisii involving school children and teachers. Then yesterday, we lost tens of lives on the road again. 

The reaction is the same; warnings and threats of stern action after the damage is done. I ask the government to extend a helping hand to all the families caught in the latest road tragedy. They need help with the bills and related expenses. 

This help must be coupled with concrete actions to restore sanity on the roads and in the wider security infrastructure of Kenya. 

 RAILA A. ODINGA.
30 August 2013

Statement of the Rt. Hon. Raila A. Odinga on the Judgement of the Supreme Court of Kenya

29th March, 2013

 
Fellow Kenyans,

Members of the media,

Ladies and gentlemen,
 
Good afternoon,

You will recall that on 9th March 2013, I issued a statement on the conduct of the elections which had just been concluded.

I expressed my deep gratitude to all Kenyans who had turned out massively to exercise their democratic rights to vote and elect their leaders.

I however expressed my dismay that contrary to the expectations of Kenyans, we witnessed the failure of virtually every instrument the IEBC had deployed to ensure free, fair and transparent elections.

I outlined such failures, with concrete examples of the anomalies that all of us witnessed. It was clear that the constitutionally sanctioned process of electing new leaders had been thwarted again by another tainted election. Democracy was on trial in Kenya.

But that has not dented my commitment to constitutionalism and the rule of law.

Enforcing the spirit and letter of the constitution remains the only sure way to peace and prosperity for our young democracy.

My decision to file a petition in the Supreme Court to challenge the validity of the election was a testament of my faith in the independence of our judiciary.

We did so for the sake of our democracy and for the sake of all Kenyans who wanted to exercise their constitutional right to elect their leaders through free and fair election.

We were joined in this endeavour by Africog, which separately filed a petition seeking to nullify the fourth of March Presidential election.

This proves that my petition had nothing to do with personal grudge as contended by the IEBC, Hon Uhuru Kenyatta and Hon William Ruto.

In the petition, I expressed our belief that the court would uphold the letter and spirit of our constitution. I pledged to abide by the court decision.

We prosecuted the case to the best of our ability.

Our legal team, led by Senior Counsel George Oraro compiled formidable and logical evidence showing that massive malpractices occurred during the elections.

We unearthed evidence of technology failure that required a full audit, inappropriate conduct on the part of IEBC staff, irregular and unethical arrangements such as the sharing of servers by IEBC with a competitor and unmarked registers.

We regret that the court disallowed evidence on the grounds that it was either filed late or the court did not have time to inquire into these discrepancies. In the end, Kenyans lost their right to know what indeed happened.

Ladies and gentlemen,
 
The court has now spoken. Article 140 of our constitution states that “the Supreme Court shall hear and determine the petition and its decision is final.”

Although we may not agree with some of its findings, and despite all the anomalies we have pointed out, our belief in constitutionalism remains supreme.

Casting doubt on the judgment of the court could lead to higher political and economic uncertainty, and make it more difficult for our country to move forward.

We must soldier on in our resolve to reform our politics and institutions. Respect for the supremacy of the constitution in resolving disputes between fellow citizens is the surest foundation of our democratic society.

And the courts should always act within the evolving constitutional culture.

I and my brother and running mate Hon Kalonzo have no regrets for taking our case to court.

Indeed, it is our view that this court process is yet another milestone in our long road towards democracy for which we have fought so long.

Truth, justice and the faithful implementation of the constitution is our best guarantee to peace and security.

Ladies and gentlemen,
 
It is my hope that the incoming government will have fidelity to our constitution, and implement it to the letter for the betterment of our people. I wish president –elect Uhuru Kenyatta and deputy President elect William Ruto best of luck in this endeavour.

I also wish all the Senators, Members of Parliament, Women Representatives, Governors and others who were elected in the last election success in discharging the expectations of our people.

I want to thank Senior Counsel George Oraro and the members of his legal team for their hard work and devotion in the quest for justice. I would also like to pay special tribute to the Africog legal team led by Kethi Kilonzo for their immense contribution to the rule of law and democracy.

To the Kenyans who supported us and our petition, I want to assure you that I will continue to work for you and with you to build our county, Kenya, and to help you achieve your dreams.

My actions have always been guided by my desire to bring about a better life for all Kenyans, particularly those who are less privileged. The future of Kenya is bright. Let us not allow the elections to divide us. Let us re-unite as a Nation.

Finally, I call on all Kenyans– our supporters and opponents alike – to remember the sacred words of our National Anthem: Justice be our shield and defender;

Thank You and God Bless Kenya.