PETITION ON BRUTAL MURDER OF YOUTHFUL IBRAHIM MOHAMED HUKA BY GSU OFFICER IN ISIOLO ON 20/05/2017

                                       21/05/2017

Macharia Njeru,
The Chairman,
The Independent Policing Oversight Authority,
1st Ngong Avenue, ACK Garden Annex, 2nd floor,
P.O. Box 23035 – 00100
NAIROBI.
E-mail: info@ipoa.go.ke

Dear Sir,

RE: BRUTAL MURDER OF YOUTHFUL IBRAHIM MOHAMED HUKA BY GSU OFFICER IN ISIOLO ON 20/05/2017

I am kindly petitioning your esteemed instutition regarding the above emotive subject which is not only inhumane but also a beastly act on the part of the security officer meted against an unarmed and innocent 21-year-old man who has not committed any unlawful acts. Ibrahim was shot dead during a peaceful political procession along the Marsabit – Garba Tulla junction in Isiolo town on Saturday at 4.30 PM by General Service Unit officer who had gone to clear the road so that they may proceed with their Journey.

Supporters of a Jubilee Party team who were on a peaceful roadshow candidly reported that the officer aimed and shot at the deceased as he was running for his life. Among prominent personalities who witnessed the incidents include Isiolo County gubernatorial candidate on jubilee tickets; Hon. Abdul Bahari, Isiolo North Member of Parliament Hon. Joseph Samal, Senatorial aspirant Mohammed Liban, Woman Representative aspirant Rehema Jaldesa and Isiolo South Aspirant Abduba Molu.

The deceased was rushed to Isiolo County Referral Hospital which was a few kilometres away from the scene of crime. Isiolo Medical Superintendent Stephen Kiluva confirmed that the man was already dead upon arrival. Detectives who visited Isiolo County Referral Hospital reported that the man was shot in the head. It was also reported that the political leaders and other stakeholders had earlier raised a complaint to security officers specifically to Isiolo County Commissioner George Natembeya on a plot by their rivals to disrupt their rally and they did seek security for their supporters and that of opponents as well. However, their plight to the County security boss fell on deaf ears. The broader picture here is one of utter impunity and our fear is that the pattern of extrajudicial killings will only worsen with such trigger-happy police officers supervised by compromised security bosses.

The action and complacency on the part of the officers outrightly infringes on many basic rights and freedoms protected in Kenya’s constitution and international human rights law, time is now for the Kenyan security organs to focus on how Kenyan security agencies have for long violated human rights with impunity and discipline such rogue officers especially during this season of electioneering.

Moreover, the Kenyan Constitution, upholds both repealed and present, which included or includes the right to life, the prohibition of torture, inhuman and degrading treatment, the right to a remedy, the right to security of the person and the right to effective remedy, among other provisions.

The Kenyan laws which includes; the Police Act, the Criminal Procedure Code, the International Crimes Act, and various other acts governing the police and policing, among others are clear and well stated.

In addition to that, the International treaties to which Kenya is a party, including the International Covenant on Civil and Political Rights, the Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment, the African Charter on Human and Peoples’ Rights, the Rome Statute of the International Criminal Court, and the Treaty of the East African Community buttresses the existing homeland security laws.

The Nuremburg Trials forever redefined the course of history. That never again shall any man violate the dignity of others without accountability. Men in uniform who wield the comparative advantage of power and instruments of State over their people can no longer abuse such positions without recourse in law.

In this regard, we are demanding thorough investigations into this heinous killing and prosecute those who are responsible and establish a special team within the Department of Public Prosecutions to ensure that investigations and prosecutions are credible and independent. We want severe action to be taken against this heartless officer within the next 24 hours.

Yours Sincerely,

CONCERNED ISIOLO RESIDENT

Copied to;

Keriako Tobiko ESQ, LLB(Hons), Nbi. Dip. Law (KSL), LLM
(CANTAB), FCCS,
Director of Public Prosecutions,
NSSF Building, Block ‘A’ 19th Floor,
P.O Box 30701- 00100,
NAIROBI.
Mobile: 0723202880/0787880580
Hon. Prof. Githu Muigai- EGH, SC
Attorney General,
Office of the Attorney General and the Department of Justice,
Sheria House, Harambee House,
P.O. Box 40112-00100,
NAIROBI.
E-mail: info@ag.go.ke
Maj. Gen. Joseph Nkaissery, EGH
Cabinet Secretary,
Ministry of Interior & Cordination
of National Government,
Harambee House, Harambee Avenue,
P.O Box 30510-00100,
NAIROBI.
Chairman,
Johnstone Kavuludi,
National Police Service Commission
P.O Box 47363 – 00100
Sky Parkplaza,5th Floor, Westlands,
NAIROBI.
Francis Muhoro Ndegwa,
Director,
Directorate of Criminal Investigations
P.O. Box 30036 – 00100 Nairobi
Mazingira Hse,Kiambu Road.
Opp. Forestry Department Headquarters, Karura
Tel +254 020 3343312.
The Chief Executive Officer,
Kenya National Commission on Human Rights,
Ist Floor, CVS Plaza, Lenana Road,
P.O Box 74359-00200,
NAIROBI.
Phone: +254 20 2717900/020-2717908/073380000/0724256448
The Chief Executive Officer,
Kenya Human Rights Commission,
Gitanga Road opp. Valley Arcade Shopping Center,
P.O Box 41079-00100,
NAIROBI
Phone +254-20 2044545 +254 20 2106763,
Mobile +254-722-264497 +254-733-629034
The Chairman,
National Cohesion and Integration Commission,
KMA Centre, 6th Floor, Mara Rd, Upper Hill,
P.O. Box 7055-00100,
NAIROBI.
Tel- +254-020-2585702/3/1
                               

OPEN LETTER TO ISIOLO COUNTY COMMISSIONER MR. GEORGE NATEMBEYA REGARDING HIS SHOOT-TO-KILL ORDERS

George Natembeya-Isiolo County Commissioner

The attention of the Independent medico-Legal Unit (IMLU) has been drawn to a statement you are said to have issued during a peace meeting in Isiolo on Thursday 12th November 2015 authorizing shoot-to kill-orders against anyone found carrying firearms.

This order, in your view would contribute to curb general insecurity and cattle rustling in Isiolo County. Whereas we condemn crime in all its manifestations, and appreciate you efforts in enhancing public safety and security, it is our considered opinion that your orders are in total disregard of the Constitution of Kenya and the law and will only contribute to aggravating insecurity.

We wish to unequivocally express our dismay at this order that is not only a license for extrajudicial executions but also militates against the rules of natural justice, where one is assumed innocent until proven guilty through a competent judicial process. In addressing crime and insecurity the law has to be safeguarded and such an order is an outright affront to the provision of article 26 of the Constitution on the right to life and an unacceptable violation of the National Police Service Act 2011.

We’d wish to bring to your attention the provisions of the sixth schedule of the National Police Service Act 2011 that sets out the rules and procedures on use of force and firearms by police officers. The law is categorical that force and firearms will only be used where less extreme means are inadequate; ostensibly to protect life and for self-defence. As such, blanket shoot-to-kill orders from anyone must be treated with the contempt they deserve. Any directive contrary to the set legal guidelines must be considered void ab initio. We remain ready to discuss with your good office the possibility of supporting the establishment of the County Policing Authority in Isiolo County with a view to putting in place a more sustainable approach to public safety and security in the county.

We highly value and recognize the critical role played by the National Police Service in fostering public safety and security and it is our considered view that intelligence policing should be strengthened to avert criminal activities not only in Isiolo county but the entire country. Shoot-tokill directives are a thing of the past and should not be replacements to an integrated community driven security agenda for this country.

It is for this reason that we demand that you denounces this directive in order to allay public fears and reassure residents of Isiolo County and Kenyans in general of your commitment to safeguarding the Constitution and the rule of law. We at the same time urge police officers to ignore Mr. Natembeya’s orders and continue serving Kenyans within the ambits of the law.

We appeal to the Director of Public Prosecutions to investigate these utterances with a view to instituting proceedings against Mr. Natembeya.

Signed: Peter Kiama,


Executive director

Independent Medico-Legal Unit

DOYO IS ALLERGIC TO BORANTITI

DOYO? BORANTITI?

By Zizama Duba

(Unedited scripts)

Hawayuni Isiolo People. Nagaa fayya qabthu? Bokale yarobe, Sorr qobatani? Waqi robb qufaa nagaa nutochina.

It is my hope and prayer that this finds you all, in good health!

JUBILEE PARTY PRIMARIES NIGHTMARE

Now that Jubilee primaries  is around the corner, it’s giving us yet another time to rate our current leadership in order to make an informed decision. Let’s begin by analysing the current  regime so that it aid us all in making decision.

As you are all aware, in 2013, the sitting Isiolo County Boss  rode solely on Borana support across the clan divide and clinched the gubernatorial seat. He was voted in to champion the development of Isiolo County and raise the living standards of its  residents. Today, let’s delve into assessment of his regime, regime that has killed the hopes of the poor! The regime that has been on looting spree since its inception, the regime in which Isiolo County went to its lowest ebb! The only county government that has nothing in its name ever since it came into being!

 

We will start by highlighting a few of his sins as we can’t fit them all into one post, because it will take us forever to pen every misdeed of the incumbent.

Immediately Doyo occupied the governor’s office, he threw in the dustbin his elections pledges and embarked on a journey that proved disastrous to our county.

Sad as it is, it has come to our attention that for the last few days, to be precise, ever since Kuti declared his candidature, County mandarins are trying to hoodwink Isiolo residents that they should vote for Doyo under the guise of Borantiti, we Must pen truth about doyo’s lack of an iota of borantiti! Truth are always put into perspective because it is truth, it neither has something to do with killing doyo’ s chance of re-election nor being about supporting election of his opponents! It is about truth and speaking truth is an act of ibada, Islamically.

 

CABINET APPOINTMENTS

When Doyo selected his cabinet, in Borana community he chose people from only three clans: Warjidda, Sakuye and Karayu. He in essence thought  that the rest of the Borana clans are either not Borana enough to hold bigger positions or are inconsequential in that they don’t have the numbers to worry him in 2017 elections.

To make the matters worse, his appointments were based on cronyism rather than merit, in most cases. Within his cabinet, he made sure that the appointed Borana sons would not hold otherwise crucial dockets like finance, Health etc. This negates County Government Act

To add insult to the injury, Doyo blocked employment of competent Borana sons and daughters which was done by Isiolo County Public Service Board.

They include:

 1. Abdinassir Ali -Chief Finance Officer

     2. Salad Kikuyu-Head of Supply Chain

     3. Halima Ibrahim- Head of Revenue

     4.Roba Qanchora- Head of Treasury

     5.Hussein Wako Gedho- Director Land, Survey and planning

We were all  hopeful that the  new team would put in place efficient system that would be accountable to the people of Isiolo . There were hopes that they would put in place a  system that would guarantee collection of local revenue and introduce tougher curbs to stop insider dealing that has brought down our county. However, the hope did not last! Doyo and other county Mandarins wouldn’t allow ‘Outsiders‘ to come in and bring to an end the culture of looting that has become norm.

 

OTHER APPOINTMENTS 

One of the silent crucial positions that has come with Devolved  Governance  is position of Directors! In county like Marsabit, the sitting governor appointed his kinsmen to this position because it’s one of ‘big’ positions that its terms are permanent and pensionable while clueless governor Doyo is yet to fill Borana people into the position. The few  appointed to the position do not have appointment letters, hence, their term shall end in April, in less than two weeks time as their boss becomes former Governor.

E.C.D.E TEACHERS AND NURSES 

After reality downed on him that he got nothing to showcase plus fear of the ECDE teachers and ‘health docket workers’ wrath Doyo for the last few weeks has been jumping up and down, He met the ECDE TEACHERS and still looking for very many nurses he denied opportunity with the promise of giving them permanent jobs!

One would wonder, whether that ECDE teacher would want his/her salary which has not been paid for several months or would believe in (what in Borana dialect is called ‘rarag‘) verbal improvement of work terms to permanent and pensionable.

 

Mind you, we have not talked about the very many Borana youths employed as Nutritionist, Health workers etc by the same county Government that believes that white color jobs are not meant for Borana, who were later sacked citing allegations that employment process were done illegally, some workers lacked certificate etc. Mark you, some were never paid for the few months they worked.

 

MANAGEMENT  OF COUNTY FUNDS

Doyo embarked on embezzlement of county funds immediately he assumed office. He bought Storeys abound of properties in Isiolo, Nakuru  and Nairobi amongst other places, through proxies. Of course with funds meant for providing basic amenities and services to the people of Isiolo. The perennial Modo Gashe and Basa water problems, the poor state of Health sector, the poor state of our roads to name but a few are testaments to the diversion of funds meant for these services to his and his few  cronies pockets.

Poor school facility

With the billions of funds at his disposal, there is no single health facility, no single ECD classroom, no anything, in the name of current regime, the few millions of CDF managed by Bahari and Kuti have done wonders if the Doyo regime is anything compare with!As such, Today, as we head to nominations, people should wisely  choose between Hon. Bahari and Senator Kuti.

 

 

 

 

 

 

AWARDING OF TENDERS 

This is probably Doyo’s greatest undoing. His only beneficiaries are  group of shrewd and notoriously corrupt business men who partner with corrupt leaders to award themselves tenders, grab land and anything valuable that is meant for the public which are in control of the corrupt leaders. Doyo went neck deep into this sinful and despicable partnership that robbed the residents of Isiolo off the right to these resources meant for their development.

He sidelined  Borana people in  awarding of tenders. With many of this team being people from Mandera. The unholy partnership culminated into him declaring that he is a member of Birkaya clan of Garri Tribe from Mandera. He in so doing, denounced his Warjidda kinship and Borana kinship at large.

People like former Isiolo South Legislature Hon Abdul Bahari Ali have made at least  one or two Borana millionaires in every centres, while with the billions, Doyo has not made even a single Uso Harito Millionaire, no wonder Uso Harito have dumped  him for The ever absentee Kuti.

Zizama Duba (photo-above) writes on Social & Political issues. You can reach him via (zizashkumi@gmail.com)

SEN. BILLOW KERROW’S FURY

By Senator Billow Kerrow (Mandera County)

I travelled out of the country today and have learn’t that police had arrested three MCAs in Mandera this morning in relation to the recent brawl in the County Assembly over the Supplementary Budget rejection. Their action is misplaced, and deserves to be condemned. It is also biased as the arrests involved those MCAs opposed to the Governor, and amounts to intimidation and harassment for snubbing the embattled Mandera Governor. Worse still, it undermines the independence of the Assembly; police have no business harassing the members whose conduct is usually addressed through the Powers & Privileges Act, and their Standing Orders. The perception among ordinary folks in the County is that the police action was instigated by the Governor, and this is bad for their image. Police should leave the MCAs to do their work. Rather than focus on the MCAs, they should act on the report of the Auditor General, Controller of Budget and other institutions that reveal the massive theft of funds in the county government, and arrest the County Government looters. The plunder of funds is blatant, and is common knowledge. Arrest the thieves, not the those fighting them! As members of EFP, we stand by the MCAs and urge them to reject the Supplementary Budget and any motion aimed at raising money for campaigns, and outright theft. They should stand firm in the exercise of their mandate and reject intimidation by the security agencies. The Governor and his cohorts must be ashamed of their incessant attempts to divert resources under the guise of drought intervention, rather than account for the billions approved in the current budget. Shame on you! #EFPLAUNCH

DOYO SUPERVISED OVER IMPUNITY AND INSTITUTIONALISED CULTURE OF CORRUPTION SINCE 2013

 

 

PART III

By Salad Malicha

 

  • Maternal deaths has been hitting the ceiling every other day where we lose our babies and mothers. Currently the mortality rate/ maternal deaths stand at 700 deaths per 100,000 live births annually more than any other county in the Republic. The lame duck guy in the name of Governor has been playing with the lives of our people. He is a reckless mortal being who is indifferent to human lives. He is clueless on matters of governance and management. A staggering Ksh 840Million has been allocated to health care and they have nothing to show to the world. It has been established that Doyo’s spouse has opened a desk office in the Hospital for siphoning funds under the guise of beyond “Kafura Campaign” which was previously ‘beyond zero campaign”, a noble idea hatched by the First lady, Her Excellency Margaret Uhuru Kenyatta.

 

  • Garbatulla theatre was built by CDF (2011/2012) in collaboration with Japanese Red Cross and the same Doyo (who is good at opening and taking credits for donor funded projects) opened it last year and up to now it is not operational and absolutely dysfunctional. Just recently Kenya Red Cross purchased and donated a generator after a responsible Isiolo resident who subscribes to a lobby movement of the people by people and for the people dubbed FOB made a plea to the esteemed organisation. I convey my special gratitude to the Kenya Red Cross for quick intervention.

  • Merti theatre was built by the National government and equipped by UNFPA. The same miserable fellow ostensibly opened the very same theatre on 22nd October, 2016 and it was closed down the same day because it was a public relation gimmick project as his sole intention was not to launch the theatre but to counter the unstoppable hurricane FOB function in Merti.

 

  • Kinna theatre was a donor funded built by UNFPA in conjunction with CDF (2011/2012). Since then it has not been operational due to lack of basic essentials but strange as it maybe the shell structure was inaugurated by Doyo’s spouse. Up to now the said theatre is neither operational nor up and about.

 

  • Currently as I go on air, all the ambulances are permanently grounded including the state-of-the art one donated by NHIF courtesy of Hon. Bahari (Former MP, Isiolo South Constituency)  the only one purchased by DANIDA is overwhelmed with series of mechanical problems and soon it will also break down as it is misused to carry onions and potatoes. It was only recently that Kenya Red Cross donated two ambulances for the Isiolo County.
  • It was irony of the year that a rickety and jalopy “Tuktuk ambulance” donated by UNICEF emblazoned on it Isiolo County Government to take care of maternal health care is not operational as it is permanently parked under a tree. Interestingly, the “Tuktuk ambulance” assembled in China was distributed to Sericho and Bassa areas which is deeply sandy and muddy terrain. Without any benefit of doubt, “a substantial amount of money has been withdrawn from the County coffer that they bought the said “Tuktuk ambulance”.  As a matter of fact, a friend intimated to me that this could be one of the most sophisticated state-of-the art automobile which can even fly at higher nautical miles and at different altitudes.

 

 

  • Doyo and his bunch of CEC’s and CO’s won’t feel anything even if all our mothers and babies die because they have insatiable appetite for money meant for the poor and peasants- call it devolved poverty! This guy and his petty bourgeoisie can have moral authority to spend a whopping Kshs 40 Million drawn in form of impresst by the quack procurement officer with forged papers and took the cash in sacks to Merti in order to buy people’s loyalty who have not yet reaped the fruit of devolution. These fellows are nothing but just beasts on looting spree. That staggering amount withdrawn from taxpayers’ will purchase 4 fully equipped ambulances. This is a classical case of “man-eat-man society”
  • Doyo has the audacity to spend more than Kshs 2 million to hire a chopper from Isiolo to Ngaremara not knowing that amount can construct a fully equipped dispensary in Ngaremara and much worse he borrowed 18M from Langata Member of Parliament aspirant; Ahmed Papa on behalf of the peasants of Isiolo County. Doyo has misused Kshs 200 million to repair his house not knowing that amount can construct and fully equip 10 health centres countywide and also construct sufficient staff houses.
  • Isiolo County and Referral Hospital lacks basic drugs, medical equipment and other health care services. Money meant for mentally ill-patients has been stolen to an extent the poor patients fled the hospital and invaded villages in the neighbourhood due to lack of food in the Hospital. Mark you, Kshs 840M has been allocated to the Health sector. Doyo has no feelings at all. It’s inhumane. They are busy looting and misusing the public funds while the poor are languishing without health care which is enshrined in the Bill of Rights of the Constitution. Strangely they complain that they don’t have money for drugs, ambulances and other essentials.
  • The entire Sericho Division and it’s environ has no water because all the machines have broken down, the same case in Garbatulla and Kinna. The CEC for water does not hail from Isiolo but from Mandera. Will he feel anything even if all our people and our animals perish to oblivion??? Your guess is as good as mine. This is because we elected the untested Doyo who will relocate to Australia once he is defeated in the coming polls which is imminent. Isiolo County Referral Hospital is like “a waiting bay” for Kirua Hospital in Meru County.

 

  • Why is he dishing out two powerful Ministries (Finance & Health) to one individual as if there is no one capable of handling these dockets in the entire County? Doyo is behaving like this and still wants to be re- elected when he has destroyed the moral fabric of society and expect the people of Isiolo County to re-elect him again?
  • Doyo with all his ignorance and naivety branded official government cars with Jubilee Party colours to hoodwink the public that he is a Jubilee nominee and yet we know that there is a serious disconnects between Doyo and the party headquarters.  This is blatant misuse of public resources to enhance his dwindling political ambition which is outright violation of Election Act.
  • Godana Doyo duped and fooled the public that his wobbling administration has initiated KMTC College which does not exist. He secretly converted Merti Muslim Bus which was donated by former President Kibaki and branded it as the “college bus” purchased by Isiolo County Government. His dirty scheme was intervened by the charismatic County Commissioner, George Natembeya who confiscated the key and put it under his custody. The said college is not there unless it was built in outer space.
  • Just to remind members of the public Article 235 of the Constitution empowers the counties to establish offices and employ individuals performing functions allocated to them as stipulated in the Fourth Schedule.

 

  • Godana Doyo and his errand boys do not have any iota of commitments to fight corruption but they have rather perfected the art of pillaging tax payers’ funds.

 

DEVOLUTION STRANGLED BY ISIOLO COUNTY GOVERNMENT

By Salad Malicha

PART II

It was twists and turns of unprecedented event that has become the order of the day owing to the fact corruption and impunity has been fully entrenched into the establishment and supervised by the current regime of Isiolo County Government. Ironically the supporters of lame duck Governor do not want to hear or turn their ears the other side from the ills committed brazenly by the leadership in place who have exhibited untamed and unbridled greed to deep their hand into a cookie in the jar. Strangely, various stakeholders have called for sanity to prevail in a county which is in constant state of entropy.

The picture above shows the Governor waving into the air as people watch him.

Isiolo County government will and shall never tackle systemic corruption because its top leaders led by one Godana Doyo are beneficiaries of the loot while the downtrodden and hoi polloi’s are deliberately denied basic services with Billions pumped into one of the Northern Frontier County; Isiolo.  The resilient people of Isiolo County were not only concerned about the unprecedented high levels of corruption, but also the “disturbing inaction and indifference by the current limping Doyo regime.” On numerous occasion people have registered their grievances and complaints to relevant government agencies to act on broad day light corruption but their effort turned to be an exercise in futility. It was noted that that there is a serious lapse in governance and work ethics from the onsetIsiolo County government is promoting ethnicity, tribalism and overseeing corruption, and this is a complete failure on the part of Doyo and his henchmen and much worse they are also crafty and enemies of devolution from the beginning. Doyo should take responsibility for the runaway corruption superintended by his inept corrupt public servants supervised by his spouse. Doyo and his ilk lack commitments to fight corruption.

Biliqi Primary Sch in Cherrab.

The minimal investment in education in Isiolo County leaves a lot to be desired. Granted, education is a function of the National government. The Isiolo County Government must however look for more ways to raise the education standards of Isiolo if this county is to emerge from its dark past, bottom line.

Malkagalla Pry School pupils learning in a dilapidated structure

A functional vacuum sets in and one of the attendant possible consequences as nature tries to fill it in absence of recalibration of the County to constitutional requirements is greed! It is illogical to expect the Isiolo County mandarins to pull all the stops to exhaust the brazen embezzlement of devolved funds- including what appear to be prodigious procurements.

Malkagalla Pry school.

Democracies are said to seldom go to war against each other. But democracies are everywhere at war within themselves over corruption. Although political corruption is a lesser devil compared to other threats such as violence, despotism, repression or inequalities. It is a source of tension and instability.

Devolution has presented an opportunity for Kenya to correct its past misdeeds, if the new leadership of the counties does not exploit these opportunities and instead invest their time in unnecessary drama and showbiz, it will be the worst betrayal of a desperate public. And that is what Godana Doyo has perfected it. He has high affinity for tax payers’ funds instead of channeling it towards development programmes. Godana Doyo and his ilk lack commitments to fight corruption by his top leeches and greedy nabobs.

Chumvi Yare Pry. Sch- Pupils learning under a tree

Before I embark on the reality check unfolding in Isiolo County Government, I wish to pin point some of the shocking grey areas that has overwhelmed the Doyo regime in part III of this expose’

 

IEBC, EACC AND AG TO ENFORCE LEADERSHIP AND INTEGRITY ACT

 

By Whispers From the North Team

This is a real shocker for aspirants in August 2017 polls. Politicians with ongoing criminal cases, including those battling corruption and hate speech charges, now risk being locked out of the August General Election in an elaborate bid by vetting agencies to comply with Constitutional requirements on integrity.

Those with suspicious degrees running for governor and president, as well as their running mates, will not be safe from the hammer.

 

APPEALS

The Independent Electoral and Boundaries Commission, the Ethics and Anti-Corruption Commission, and the Registrar of Political Parties, and Attorney-General Githu Muigai say that they will not leave anything to chance in a bid to clean up Kenyan leadership.

“Information on ongoing criminal trials or investigations into criminal conduct of candidates in the elections may be obtained from relevant agencies, which may be significant to the ethics or integrity standing of candidates,” the team said in a joint communication in Thursday papers.

They, have however, said that such a candidate would not be disqualified if he or she “preferred an appeal or review against the sentence or decision; or all possibility of appeal or review has not been exhausted.”

MANY BOXES

On Wednesday, Attorney-General Githu Muigai remained optimistic that a 2013 court ruling that one cannot be stopped from running for having an ongoing case would not hurt their bid to enforce an ambitious law on integrity for elected officers in the August 8 poll.

“In the integrity test, there are many boxes to tick and criminality is just one of them. The other example is academic qualification. We have, regrettably have people carrying degrees they have not earned. Therefore, one of the basic question we will ask is: Do you hold the academic qualification you claim to hold?” said Prof Muigai.

At a joint press briefing at a Nairobi hotel, the agencies vowed that they would collaborate in the enforcement of Chapter Six ahead of the August polls.

UNSOUND MIND

“The institutions will enforce compliance with the leadership and integrity requirements by aspirants in the forthcoming General Election,” they said in a joint statement read by Mr Wafula Chebukati, the IEBC chairman.

However, the “enforcement” still remains vague, especially considering that lawyers have argued that every Kenyan has an unflinching constitutional right- other than those convicted of election offences, academically unqualified (if required in the position sought) or of unsound mind- to contest for election as long as they are above 18 and are registered voters.

In their joint statement, the agencies still left the heavy lifting to the political parties who nominate candidates for seats, asking them to be the first filter in the clearance chain.

“We encourage political parties to nominate candidates who meet the leadership and integrity threshold set out in the law,” they said in a joint statement.

WATERED DOWN

But in a country where politics is a get-rich-quickly scheme, a provision to lock out corrupt individuals might still remain a pipe dream, much less enforced by political parties.

“I cannot stop anyone from running for office in my party. There are agencies that are supposed to clear people. They should do it,” President Kenyatta had thrown the ball to the agencies’ court in a live TV interview on Monday evening.

Chapter Six was what many have said was Kenya’s most ambitious section of the Constitution 2010, but which has been watered down so much and with a “vagueness” that has made it impossible to implement.

The subsequent Leadership and Integrity Act developed a self-declaration form for aspirants, which the EACC assesses before clearing a candidate.

 

6 MONTHS

They are asked to declare if they have ever been convicted of any offence and sentenced to serve for at least six months, misused public resources, removed from register of members of professional organisations, dismissed from employment due to integrity, or whether they had been subject of criminal or disciplinary proceedings as public officers.

Have a look:

THE EACC SELF-DECLARATION FORM: (Leadership and Integrity Act)

1. Have you ever engaged in the conduct of public affairs?

2. Have you ever misused public resources?

3. Have you ever abused a public office?

4. Have you ever misrepresented information to the public?

5. Have you ever engaged in wrongful conduct whilst in the furtherance of personal benefit?

6. Have you ever discriminated against anyone on any grounds other than as provided under the Constitution?

7. Have you ever falsified official or personal records?

8. Have you ever been debarred or removed from the register of members of your professional organisation?

9. Have you ever had any occupational or vocational license revoked and or otherwise subjected to any other disciplinary action for cause in Kenya or any other country?

10. Have you ever been dismissed from employment on account of lack of integrity?

11. If you have been a public officer, have you ever failed to declare your income, assets and liabilities under the Public Officer Ethics act, 2013?

12. Have you ever been convicted of any offence and sentenced to serve imprisonment for a period of at least six months?

13. Have you ever had any application for a certificate of clearance or good conduct or for a visa or other document authorising work in a public office denied and/or rejected for cause in Kenya or any other country?