Friday, September 13, 2013

Congo, South Sudan and Kenyan people with the Rest of Africa Nationals Do Not Need Aid Economy

Good People,

Congo, South Sudan and Kenyan people or any other African Nationals does not need Humanitarian, Civil Protection or Aid Economy, if master-minders for conspiracies of engineered conflicts are put on checks as well. It is time that the whole world stop looking the other way when Africa's survival and livelihood is put on death sentencing without justice by conspiracies of the Special Business Interest. Africa Land must be treated with extreme dignity, respect and honor. The world must join hands to save Africa from marauding injustices of the Special Business Interests networking............

Nationhood Macho theft with Bad poor leadership plans, influences braking of the law with consequences that result in destroyed economic development.This is done through injustices that are commissioned and are financially supported to engage in clandestine attacks on peaceful citizens with intention to kill, disrupt, scatter and destroy community livelihood and rob them off their Nationhood.The infused barbaric police force is trained to kill and destroy life.If you go further to give Police independent Powers under Democratic principles, you will be adding salt to injury for them to act autonomously and no one, even the chickens in the homestead will not be safe.

This is where all people with roots of Africa, must wake up and reject leaders who have twisted minds, who engage in this type of business paid by their Corporate Special Business Interest pay-masters to destroy livelihood and survival of Africans and pave way for forced re-colonization with Slavery where public wealth and resources are bid for free loading…….and which is why, Congo people are constantly brutalized with livelihood broken and beaten down and are wasted in constant pain and suffering…….in which case, war of this nature is unjustified…….people must not be pushed to war…….the likes of Kagame, Museveni and Kibaki must face charges of Human Rights crime, abuse and violation………

Africa need sustainable and balanced progressive economy where all have access to opportunities to manage their lifestyle and are free to develop and improve their livelihood and survival in harmony.Africa must given opportunity to bargain and make fair deals in the International Market Place without manipulation or intimidation.
Africans have equal rights and protection in the Commission of International Treaty and to fool Africans to get out of the International treaty without a Referendum of the people is asking Africans to sign up for their automatic death certificate; where Museveni, Kagame and Kibaki are looking for escape route……………

Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,

Capital Markets Authority hires experts to draft corporate code

Updated Wednesday, September 11th 2013 at 23:02 GMT +3
By James Anyanzwa
The Capital Markets Authority (CMA) has hired foreign consultants from the World Bank and the International Finance Corporation (IFC) to help draft a new code of corporate governance for the capital markets.

The new guidelines seek to streamline operations, control the boards of directors of listed companies and give more protection to minority shareholders who have in most cases been made to dance to the tune of their majority counterparts.
A new study by the World Bank shows that minority shareholders of firms listed at the Nairobi Securities Exchange (NSE) are more vulnerable to abuse compared to their counterparts within the East African Community (EAC).
The new rules also seek to enhance transparency and disclosure requirements in listed entities and improve on the existing regulations and enforcements procedures.
The CMA Corporate Governance Steering Committee chaired by Ms Catherine Musakhali has so far prepared the blueprint for the proposed guidelines.
Musakhali who is also the chairperson of the Institute of Certified Public Secretaries of Kenya (ICPSK) said the blueprint would be exposed to the stakeholders before the end of this month (September).
Next stage
“We have a draft of the blueprint which we are finalising and will be exposed to the stakeholders before the end of this month,” she told The Standard yesterday.
Musakhali said from there the blueprint would be presented to the CMA board before a move is made to the next stage of preparing the code of corporate governance.
She added that the current law and practices relating to minority shareholders would be reviewed and then recommendations made for improvement. CMA Chairman Kung’u Gatabaki said once enacted the new code of corporate governance would give CMA powers over all listed companies. “Our powers are currently limited to our licensees” he said.

Friday, September 13, 2013

Do not expand police powers, urges rights group

Kenyan police officers. Human Rights Watch has urged Kenyan law makers to reject proposed amendments to the National Police Service Act of 2011 and the National Police Service Commission Act of 2011. The rights group fears that this move could increase worrying extrajudicial killings, and endanger the long-awaited police reforms. PHOTO|FILE.
Kenyan police officers. Human Rights Watch has urged Kenyan law makers to reject proposed amendments to the National Police Service Act of 2011 and the National Police Service Commission Act of 2011. The rights group fears that this move could increase worrying extrajudicial killings, and endanger the long-awaited police reforms. PHOTO|FILE. NATION

In Summary

  • The proposed amendments could exacerbate worrying patterns of police abuse and extrajudicial killings, and jeopardize the long-awaited police reforms, Human Rights Watch said.
  • The amendments seek to expand the legal use of firearms to include protecting property and preventing someone charged with a serious crime from escaping lawful custody.
  • The Kenyan police have regularly been implicated in extrajudicial killings and other serious abuses prior to the 2007-2008 post-election violence.
  • The amendments also enhance the influence of the president and cabinet secretary for Interior and National Coordination over the police and the commission.

Kenyan lawmakers have been urged to reject amendments to police laws that would expand the legal use of firearms and weaken civilian oversight over police abuses, Human Rights Watch said Thursday.
Parliament is expected to vote on the amendments before the end of September 2013.
The proposed amendments could exacerbate worrying patterns of police abuse and extrajudicial killings, and jeopardize the long-awaited police reforms, Human Rights Watch said.
“Kenyan lawmakers shouldn’t be expanding police powers when there are such serious concerns about police abuses,” said Daniel Bekele, Africa director at Human Rights Watch.
“Instead, parliament should focus on improving accountability for extrajudicial killings by police and on other, much-needed reforms.”
In May Attorney General Githu Muigai proposed amendments to the National Police Service Act of 2011 and the National Police Service Commission Act of 2011.
Among other changes, the amendments seek to expand the legal use of firearms to include protecting property and preventing someone charged with a serious crime from escaping lawful custody.
The current laws already allow for use of lethal force by the police when their lives or those of other persons are in danger, but only when all other means fail.
Further amendments go against international standards, says the rights group.
International law is directly incorporated into Kenyan law under the constitution.
Human Rights Watch has urged Kenyan security forces to abide by the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials.
The principles call upon law enforcement officials to as much as possible apply nonviolent means before resorting to force and firearms, and to use intentional lethal force only when strictly unavoidable to protect life, the rights body added.
In early August a member of parliament allegedly assaulted a female police officer in Nakuru, while villagers in Nyanza killed a military officer after they mistook him for a robber.
Government authorities have publicly encouraged police officers to take advantage of provisions in the law allowing use of firearms to respond to these attacks.
On August 18, Inspector General of Police, David Kimaiyo, told his officers to “understand” their powers to use firearms, citing the assaults on the police officers.
“I hereby direct police officers that when their lives are threatened they must clearly understand their powers to use firearms,” the inspector general said in a statement to the media.
On July 19, the cabinet secretary for Interior and National Coordination, Joseph Ole Lenku, openly directed the Inspector General and other police commanders to use force.
He added there would be dire consequences if the warring Turkana and the Samburu communities in the Rift Valley failed to voluntarily return 50 guns that police lost in a botched operation in December 2012.
The Kenyan police have regularly been implicated in extrajudicial killings and other serious abuses prior to the 2007-2008 post-election violence.
The Kenya National Commission on Human Rights (KNCHR) and the UN special rapporteur on extrajudicial executions had documented police involvement in the targeted killing of up to 500 members of the Mungiki, a proscribed criminal gang.
In a preliminary survey on extrajudicial killings released in mid-August, the human rights commission and the Independent Medico-Legal Unit (IMLU) found that, between May and August, police had shot dead 120 people in separate incidents under unclear circumstances.
Police have not submitted reports to the Independent Police Oversight Authority to facilitate investigation in any of these cases.
The Police Act provides that any killing by police must be reported to the oversight authority, a civilian body created in 2012 for investigation of incidents of police abuse.
Police have also been accused of using excessive force against protesters even when it may have been unwarranted.
On August 7, security officers in Moyale allegedly shot a human rights activist, Hassan Guyo at a roadblock.
Guyo, 40, had travelled to Moyale from neighbouring Wajir to assess the human rights situation following clashes between police and villagers protesting the firing of a chief.
He had earlier complained to friends that a senior police officer in Moyale had threatened him with death.
The proposed new police amendments remove some oversight powers from the National Police Service Commission and return them to the Inspector General of police.
It is feared that this would lead to abuse of power by the police.
Some of the functions of the commission to be affected by these amendments include recruitment, vetting, and discipline of police officers.
The amendments also enhance the influence of the president and cabinet secretary for Interior and National Coordination over the police and the commission.
They reinstate the president’s powers to hire and fire the Inspector General of police.
Those changes would remove the Inspector General’s security of tenure and effectively undermine the person’s operational independence, which is provided for in Kenya’s 2010 constitution, said Human Rights Watch.
Proposals to make the Inspector General the chair of the National Police Service Commission as opposed to an independently hired civilian as provided for in the original act are inimical to the spirit of police reforms, the rights body added.
“Government authorities should be concentrating on accelerating reforms that are essential to making the police accountable.
They should not be passing laws that would give them greater power to commit abuses,” Bekele said.
“Authorities should bolster accountability in the police force by proceeding quickly with other reforms on the agenda, such as vetting and restructuring the force,” he added.

Kampala denies Israel refugee deal

By PAUL REDFERN, Special Correspondent

Posted Saturday, September 7 2013 at 12:35

As Uganda continues to deny that it has signed a deal with Israel to take in thousands of unwanted Eritrean and Sudanese migrants from the Jewish state, it has been revealed that Kampala stood to gain from increased military aid in the agreement.

Uganda was singled out as the destination for tens of thousands of African migrants living in Israel, after a gag order was lifted last week (August 29) in response to a request by Haaretz, an Israeli newspaper. However, while acknowledging that a deal was reached with Uganda, Israeli officials insist it will only apply to some of the 55,000 Sudanese and Eritreans currently in the country.

According to the arrangement, Uganda will either accept the migrants, or serve as a transit station to their own countries. The Ugandan government has continued to deny the agreement.

“We’re not aware of any such deal. There’s no way Uganda would enter into such an arrangement,” Foreign Affairs Ministry spokesman Elly Kamahungye said.

However, International Affairs Minister Henry Okello Oryem acknowledged that Uganda had been approached by Israel to take in the refugees.

“It is true Israel is looking for third host countries to take in unwanted refugees, and Uganda is one of the countries that have been approached for this purpose,” he said.

But he added that the approach had been rebuffed because as a policy, the country did not accept repatriated or deported non-citizens.

“We only accept refugees who walk across our borders, not unwanted immigrants rejected by other countries,” said Mr Oryem.

Human rights groups in Israel say that the plan is in violation of UN policy.

According to the Israeli media, under the agreement in principle, Uganda would take between 1,500 and 2,000 Eritreans currently in Israel in exchange for military, technological and agricultural aid. The Ugandan government is also reportedly earn $8,000 per head to absorb the refugees.

But Mr Oryem denied there was any offer of incentives outside the normal package for resettlement of the refugees, which includes housing, health, educational, energy and safe water facilities.

Israeli Interior Minister Gideon Sa’ar told Knesset legislators last week that the special envoy of Prime Minister Benjamin Netanyahu, Hagai Hadas, had reached an agreement with a third country to absorb Eritreans and Sudanese who crossed from Egypt into Israel over the past six years.

“In the first stage, we will focus on raising awareness within the population of infiltrators while helping them with the logistics of their departure, including costs, airfare and dealing with the possessions they accumulated while they were in Israel,” Mr Sa’ar said. During the second stage, Israel will set a deadline by which certain people within the “infiltrator population” will be asked to “willingly” leave the country.

Over the past eight years, around 60,000 African migrants, mostly from Eritrea and Sudan, have entered Israel via Egypt. Around 2,000 are being held in a prison camp. Most are reported to have applied for refugee status, but their requests are yet to be processed.

Take us home, former M23 fighters tell Kigali

By EDMUND KAGIRE, The EastAfrican

Posted Saturday, September 7 2013 at 12:38

Some 680 former members of the M23 rebel movement who fled to Rwanda in February want to return home, citing “poor living conditions” in the internment camp where they are currently being held in eastern Rwanda.

On Monday last week, the former rebels, who have since their entry into Rwanda been disarmed and asked to renounce rebellion, went on strike, prompting the army and police to intervene to quell the situation.

The former fighters, who are loyal to the former M23 political leader Jean Marie Runiga, pelted the guards who patrol the camp with stones and other objects, shouting, “We are tired of living in poor conditions, we want to return home,” according to eyewitnesses.

However, police quickly intervened to quell the situation, encountering resistance from the irate mob of the former rebels. Shots were fired in the air to disperse the former M23 men who threatened to break out of their internment camp located in Ngoma district, Eastern Province.

Both the police and Ministry of Disaster Management and Refugee Affairs said the incident was triggered by the refusal of the former fighters to undergo a routine check, forcing the police to use force.

“There was nothing unusual. The individuals in the camp refused to be checked. The police wanted to conduct a routine check in the camp to ensure that everything was OK, but the occupants of the camp were not very welcoming,” said ACP Theos Badege, the police spokesperson.

The routine check was aimed at unearthing illegal possessions, mainly arms and narcotics. ACP Badege says the former rebels became “unruly,” adding that those who incited the protest will be dealt with.

Following the incident, the military and police have deployed heavily in the camp. Attempts by journalists to enter the camp were futile.

According to eyewitnesses, however, there had been unrest in the camp for some time until the incident last week, which was the climax of what appeared like to be a building problem.

“We heard them shout that they were tired of conditions in the camp and wanted to return home. We requested security organs for permission to enter but the security personnel guarding the camp refused. We wanted to talk to them and listen to their grievances but we could not,” a journalist from a local radio station said.

The unrest at the camp prompted different ministries and government institutions to meet and discuss the emergency.

Minister of Disaster Management and Refugee Affairs Seraphine Mukantabana, whose ministry is running the camp, said that “there was no problem at all” but a routine check that went bad. However, other sources suggest otherwise.

According to sources, the former rebels feel distraught because their applications for asylum have not been considered after many months.

Fleeing combatants

In July, Rwanda made several pleas to the UN to take responsibility for the fleeing combatants — or at least help Rwanda to feed and maintain the group.

The rebels, who include the former political leader Bishop Jean Marie Runiga and one of its top military commanders, Col Baudoin Ngaruye, entered Rwanda in February after fleeing from the fighting between two different factions of the movement. The two are being held in a secret place in the capital, Kigali. Efforts by The EastAfrican to reach them remain unsuccessful.

The rebels entered Rwanda just at about the same time wanted rebel leader Bosco Ntaganda surrendered himself to the US embassy in Kigali and was later handed over to The Hague-based International Criminal Court.

Congo-Kinshasa: Rwandans Now Weary of Picking Up the Pieces of Kagame Leadership
By Antoine Roger Lokongo, 5 September 2013

The Congolese army has been flexing its muscles in killing hundreds of Rwandan and Ugandan soldiers in eastern Congo. Demonstrations by the Congolese masses have taken place as well as a new cooperation agreement among some countries in the Great Lakes region.

The above headline of mine is surprisingly very civilized compared to 'Umurabyo' newspaper's independent journalist Saidati Mukakibibi's. She is now languishing in jail in Rwanda for having quite rightly compared President Paul Kagame with the Nazi German leader Adolf Hitler. She was arrested for defamation, inciting public disorder and ethnic 'divisionism' (Reuters, 13 July 2010) following the 1994 genocide, a trump card Kagame uses well both at home and abroad as a milking cow to keep and win new friends and to silence his critics. But for how long?
Mukakibibi is not the only one. Pascal Manirakiza, a Rwandan refugee who went missing in Uganda has been found tortured and unconscious and 'dumped' at a cemetery near the capital, Kampala, according to the Ugandan government which is supposed to provide him protection on the basis of the Geneva Convention. On the contrary, Manirakiza had earlier been arrested by Ugandan police on a warrant issued by Rwanda (the UN hypocritically protested the arrest). Manirakiza's crime? He was one of four Rwandans who told the BBC last month that they were seeking asylum in Uganda. They accused the Rwandan army of forcibly recruiting them to fight in eastern Democratic Republic of Congo (BBC News Africa, 27 August 2013). The BBC reminded us that in 2010, Rwanda's ex-army chief Faustin Kayumba Nyamwasa fled to South Africa. He accused Rwanda of a failed attempt to assassinate him later that year, after he was shot and wounded in Johannesburg. Rwanda denied any involvement. The shooting strained diplomatic relations between South Africa and Rwanda.

The question we ask now is: For how long the UN system, Britain and America are going to provide Museveni and Kagame cover or help cover-up crimes against humanity, war crimes and genocide they are committing in the DRC? Not for too long! Belgian journalist Colette Braeckman, reporting for 'Le Soir' from Rwanda confirmed that 'it is clear that there is a growing concern among the Rwandan people' (Le Carnet de Colette Braeckman, 26 August 2013). Kagame's leadership is now widely put into question despite recent visits by his die-hard friends such as former US president Bill Clinton who questioned the line of thinking of 'some people in the human rights community who believe that every good thing that has happened in Rwanda should be negated by what they allege that they have done in the eastern Congo' (BBC News Africa, 12 August 2013).

However, the fact that Rwanda and Uganda are still stubbornly committing crimes against humanity, war crimes and genocide in the DRC is not helping their powerful mentors in the West save faces.
Kagame remains the real commander-in-chief of the M23 insurgents. On 15 July 2013, the Congolese army, the Forces Armées de la RDC (FARDC) repulsed an attack by M23 'rebels' backed by Rwandan special units in Mutaho, North Kivu Province.

120 attackers were killed and a dozen captured, including two seriously wounded. 10 Congolese soldiers also lost their lives (AFP, 15 July 2013). The Mutaho, Mujiga, Kibati, Buvira sectors and the strategic hill of Bukanda fell under the total control of the FARDC. Two Ugandan officers were also captured among them and transferred to Kinshasa (L'Avenir, 15 July 2013). Following this debacle, Rwanda accused the UN Mission in Congo (MONUSCO) of colluding with the FDLR said to be responsible for the 1994 genocide in Rwanda! We have heard that a million times! Yet Rwanda currently assumes the presidency of the UN Security Council where it manages to block almost all the resolutions against M23. Isn't that absurd?

On 18 July 2013, the FARDC repulsed yet another attack by the M23 insurgents and their Rwandan backers in the north of Kanyaruchinya, 15 km from the city of Goma, North Kivu's provincial capital. 51 elements of the M23 were killed and a top-ranking M23 officer was captured. Among the 51 bodies, 15 were found wearing the uniform of the Rwandan army and were identified as Rwandan soldiers. Five Congolese government soldiers fell on the battlefield (Xinhua, 18 July 2013).
On 24 July 2013, the FARDC bombed the strategic military base of Rumangabo which served as a rear base for the M23 insurgents and their Rwandan backers and which set the warehouse of weapons and ammunition on fire. The base fell under the control of the FARDC (, 24 July 2013). After this debacle, the M23 rounded up 210 Congolese youth in Kiwanja city, Rutsuru terrirory and locked them up in Nyongera prison. Up to now nobody has heard about them (Radio Kivu One, 28 July 2013).

On 13 August 2013, The Wall Street Journal reported that 40 M23 insurgents who had infiltrated Goma were arrested by the UN Intervention Brigade and scores of firearms recovered during a crackdown operation aimed at enforcing a security zone around the city of Goma. But later the UN failed to protect civilians from rockets fired from the Rwandan territory.

Rwanda and Uganda are recidivists. On 17 August 2013, M23 insurgents backed by Rwandan troops yet again attacked the Congolese army in Kibumba, 30 km from Goma. According to the Congolese government spokesman, Lambert Mende, the Congolese army, supported by the UN Intervention Brigade, killed 17 Rwandan insurgents (M23) including 2 Rwandan colonels by the names of Hama and Tambwe and captured 12 others. Mende said that 'the FARDC were also able to destroy a depot of ammunition belonging to M23 in Kibumba, which burned throughout the day on 22 August 2013, which gives an idea of the volume of ammunition sent from Rwanda as supplies to this negative force' (Xinhua, 24 August 2013).

M23 maintains link with another armed group called Force de Résistance Patriotique de l'Ituri (FRPI) led by Cobra Matata. On 23 August 2013, the Congolese army inflicted heavy casualties on FRPI supported by Al-Shabab elements from Somalia and ADF-NALU, a 'Uganda rebel movement', killing 30 FRPI insurgents in Nombe, 40 km south of Bunia, Ituri (Eastern Province), recapturing many villages they had occupied. Three Congolese soldiers lost their lives and seven others were wounded (Radio Okapi, 25 August 2013).

A brief lull in days of fighting followed but on 23 August 2013, M23 insurgents backed by Rwandan troops yet again attacked the Congolese army in Kibati at night. The Congolese army supported by the UN Intervention Brigade riposted, killing 100 M23 insurgents, according to Congolese military spokesman Colonel Olivier Hamuli ( Associated Press, 28 August 2013).

'There are at least 100 dead on the rebel side. At least! I can't be sure, because this is just the bodies we saw. There are forests all around where we are finding more,' Hamuli told The Associated Press news agency. In contrast, Bertrand Bisimwa, the president of the M23 rebels, said only a dozen of the dead were from the M23 rebel movement.

Then Rwanda did the crazy thing you would not expect from a country that has been a victim of genocide! It fired nearly a dozen mortar shells that hit different parts of Goma on 22 August 2013, killing a family of four and nearly wounding a dozen others, including two Tanzanian U.N. soldiers and one from South Africa, causing significant damage to St. Paul's Anglican Church and destroying three classrooms in the adjacent school (Reuters, 24 August 2013). This is committing blatant war crimes and crimes against humanity, in fact acts of terrorism!

What was more shocking was the fact that the UK government, without a word of condemnation against Rwanda, simply ordered its staff to withdraw from the city of Goma. But UK mining companies stay put (... ). Why don't they also leave?! Anyway, even if the UK condemned Rwanda, it would have simply paid a leap service without coercive measures. What difference would it make? After all, the UK was the first to resume its financial aid to Rwanda following revelations by a panel of UN Security Council experts according to which 'Rwanda was interfering directly in Congo's internal affairs.'
The United States of America was even more cynical! The US State Department, in well calculated wordings issued a statement read by spokeswoman Marie Harf, saying that 'evidence of increased ethnic tensions in Goma', thus reducing Rwanda's mortar attack to a simple 'inter-ethnic conflict', and in fact called on 'both sides to keep calm' No culprit! In fact six senators from the US Congress travelled to Goma just to deliver that message.
As shells fell on Goma, causing deaths of men, women and children, the United States only saw an ethnic conflict that would degenerate. So do the Tutsi have the license to kill Congolese? This is a sign of bad faith, not an error of judgement, in fact an odious, undiplomatic, criminal stance on the part the USA, a nation that has the reputation of being 'a great democracy and a precursor in the defense and protection of human rights, and a frontrunner in the fight against terrorism!' (Le Potentiel, 27 August 2013).
This is how the first Rwandan aggression against Congo started. Kabarebe, the current Rwandan minister of defense and Rwandan special forces hijacked a civilian plane, and from Goma, they flew all the way to the West of Congo, attacked the Kitona military base, cut off electricity from the Inga dam, depriving Kinshasa of power for days - imagine the consequences, including many babies who died in the incubators! The US never condemned such terrorist acts! But when the people of Kinshasa bear handedly tracked down the Tutsi invaders in the capital and burning them alive, the then Secretary of State Madeleine Albright telephoned President Laurent Kabila and accused him of 'killing the Tutsi!' How unjust this world can be!
However, on 12 August 2013, the Rwandan government categorically rejected the Congolese government's request to have Congolese Tutsi rebel leaders 'who have asked political asylum in Rwanda,' including Laurent Nkunda, extradited to their country the DRC to face justice as stipulated in the new 'Peace, Security and Cooperation Framework for the DRC and the Great Lakes Region', signed on 24 February 2013, in Addis-Ababa, by 11 African leaders - including the leaders of Rwanda, Uganda (Museveni sent his vice-president) and the DRC - under the auspices of the African Union and the United Nations. Rwandan foreign minister Louise Mushikiwabo said that 'Rwanda would not extradite Congolese Tutsi rebel leaders to Congo, a country which has not yet abolished capital punishment' (L'Avenir, 12 August 2013). The US, Rwandan's staunchest ally has also not abolished capital punishment. If Nkunda and other 'Congolese Tutsi' are Congolese, why should Rwanda pre-empt the judicial process in this way?

What conclusion might one draw then? According Mushikiwabo, Kigali will not extradite Laurent Kunda and other leaders of the M23 to Congo. But Laurent Nkunda and the leaders of M23 have committed genocide in Congo. Therefore Mushikiwabo is a negationist of the Congolese genocide. But she and her boss Paul Kagame can easily get away with it because they enjoy the protections of the United States of America and Great Britain.
One can even go further and conclude that the fact that Museveni and Kagame commit acts of genocide in Congo casts doubt on the official version of the 1994 genocide in Rwanda, signed Paul Kagame.
At the same time, on 21 August 2013, a 'Congolese Tutsi' Colonel Richard Bisamaza, acting commander of the first sector of the FARDC in Beni, defected from the Congolese army in Beni to M23 'rebel movement' with sixty 'Congolese Tutsi' foot soldiers, a few 'Congolese Tutsi' high-ranking officers and a cargo of ammunition. His aim was to join the M23 in Rutsuru. The Congolese army followed in hot pursuit of him and had him and some of his men killed during an exchange of fire, recaptured some but the majority fled (Kongo Times, 21 August 2013). What more can we do to accommodate 'Congolese Tutsi'? Some Western powers say that Congo must share its natural and mineral resources with Rwanda and Uganda (as if it was their right and as a war trophy) to have peace. This argument is laughable! Congo should then also share its mineral wealth not only with Rwanda and Uganda but also with all its other seven neighbors, isn't it? Why only with Rwanda and Uganda? No! Congo's neighbours can purchase these resources for the benefit of the public treasury of Congo (right now Congo Brazzaville import electricity from the DRC's Inga dam and pays the bill, no problem!). Even after 20 years of plundering its riches, the Congo does not expressly refuse to sell its wealth to Rwanda and Uganda!.
Equally shocking was the fact that Martin Kobler the head of the United Nations Organization Stabilization Mission in Congo (MONUSCO) and Special Representative of UN Secretary General Ban Ki-Moon in Congo said on Radio France Internationale (RFI) that "MONUSCO is not responsible for everything that is happening in eastern Congo. These are Congolese problems and it is up to Congolese people to find solutions to them. We are here only to support the Congolese government". Yet right under Kobler's nose, the city of Goma was hit by new shelling from Rwanda, killing and injuring people, which triggered the people of Goma's anger against the UN mission, inactive against "the rebellion of M23" and incapable of enforcing a security zone around the city of Goma as promised instead of where the M23 are, and asked them to leave. Kobler did not say a word of condemnation of Rwanda. Uruguayan Blue Helmets opened fire on protesters killing two.

Kobler said that MONUSCO is not a magic solution to all the problems in eastern Congo. 'We cannot defend all the people here! We're doing everything we can! But the first line, the Congolese government is responsible, to protect the population.'
Even if this were true, MONUSCO should have at least one magical solution to the problem of war in the East. Otherwise of what good is the resolutions of the Security Council which recommends the use of force against negative forces, the signing of the Framework Agreement in Addis Ababa and the establishment of the Special Brigade ? (L'Avenir, 27 August 2013).
Now it's crystal clear. The United States and its NATO allies are hell bent on breaking up Congo using the UN and the Tutsi regimes of Rwanda and Uganda to achieve that objective. But, they will never succeed to control Congo, recolonise it or break it up in order to suck its resources, however superior or powerful they imagine themselves to be and whatever filthy lucre they flaunt to unfortunately a still good section of still mentally colonized Congolese people, to paraphrase President Robert Mugabe as he put it in his inauguration speech. The DRC will never be a colony again!
The era of white colonial 'whispers behind the African throne' passed on and got buried together with Lord Lugard the author of this anti-African, neo-colonial notion. Having struggled for our independence our fate has irrevocably orbited out of colonial relations, indeed can no longer subsist in curtsying and bowing to any foreign government, however powerful it feigns itself to be and whatever filthy lucre it flaunts," President Mugabe rightly said.
China's position is also very comforting. On the occasion of the 86th anniversary of the founding of the People's Liberation Army of China, Colonel Superior Ju Hongbin, Defence Attaché at the Chinese embassy in Kinshasa, solemnly declared that China firmly supports the sovereignty and territorial integrity of the Democratic Republic of Congo (La Prosperité, 26 July 2013).
In addition, on the 4 March 2013, 27 Congolese officers left Kinshasa for Belarus where they will be trained as pilots and technician of Congo's Air Force for a period of three years (Agence Congolaise de Presse, ACP, 4 March 2013).
The Congolese army is flexing its muscles and as we have just described above, it has managed to kill hundreds of Rwandan and Ugandan soldiers, inflicting a heavy toll on Kagame's and Museveni's armies posing as M23 rebels in eastern Congo in the last few weeks. The Rwandan and Ugandan comprador regimes still create more 'armed groups' in eastern Congo but the Congolese army always wipes them out. Should Kagame dare to fire more rockets against innocent Congolese civilians who have done nothing to Rwanda and Uganda and who are not responsible for the inter-ethnic killing in Rwanda in 1994, the Congolese army might march right into Rwanda to stop the rockets from being fired right at the source.
Malawi, Tanzania, South Africa have deployed troops which have constituted the UN Intervention Brigade tasked to use force to neutralize M23 and other Rwanda and Uganda-backed negative forces in eastern Congo. However, that Brigade could have been more effective if its command was independent of MONUSCO. African solutions to African problems! However, we believe that African soldiers within MONUSCO will not accept to be smothered and will accomplish their task and eastern Congo will be pacified. Moreover, on 23 August 2013, Angola, DRC and South Africa signed a cooperation agreement in the fields of training DRC soldiers and police officers. The accord also covers economic matters meant to reinforce regional cooperation and intra-Africa trade and concerns the ports of Lobito in Angola, Durban in South Africa and the Inga hydroelectric dam in the DRC. On the occasion, Congolese President Joseph Kabila said the accord seeks two purposes: one of them the assistance to the DRC in various domains, with highlight to the sectors of defence and security. The second purpose, according to president Kabila, has to do with reinforcement of cooperation among the three countries of the Southern Africa Development Community or SADC (Agencia Angola Presse, ANGOP, 23 August 2013).
After 32 years of Mobutu's oppressive and corrupt regime, ours is a rotten political class. The house is burning, yet Kerngo wa Dondo, three times Mobutu's prime minister and now surprisingly the president of the Congolese senate is still jockeying for positions! Without Congolese collaborators, this war would not have lasted this long. Although the Congolese people have been subjected to looting, massacres, rape, this has made them even more politically mature and it is no longer easy to take them for granted as demonstrations after demonstrations are being organized by the Congolese masses in the troubled eastern Congo. The people even collect goods and money for the soldiers and feed them. They also transport heavy weapons for the army up to the frontline. This proves that they have overcome their fear. The political initiative taken by President Joseph Kabila to hold a national consultation is meant to further cement national cohesion, national unity, national consciousness to bring Congolese of all cultural, political, religious, or ideological backgrounds to look in the same direction in order to safeguard what they all have in common: Congo's sovereignty and territorial integrity and to prevent more of Museveni and Kagame's adventures in Congo for which the Ugandan and Rwandan people are now weary of picking up the pieces later.

Dar’s isolation due to refusal to ‘free’ its land — EALA member

Presidents Yoweri Museveni of Uganda, Uhuru Kenyatta of Kenya and Paul Kagame of Rwanda after commissioning a berth  at the port of Mombasa on August 28. Picture: File

Presidents Yoweri Museveni of Uganda, Uhuru Kenyatta of Kenya and Paul Kagame of Rwanda after commissioning a berth at the port of Mombasa on August 28. Picture: File
By RAY NALUYAGA, The EastAfrican

Posted Saturday, September 7 2013 at 12:22

The East African Legislative Assembly Members Tanzania chapter has refuted claims that the country is dragging its feet on regional integration.

Tanzania has repeatedly been accused of frustrating the integration process, with speculation that this may have led to it being left out of recent meetings where regional leaders have discussed key proposals to improve regional infrastructure and deepen integration. Tanzania was the only EAC member state that was not invited to these meetings.

The first meeting in Entebbe in June, brought together President Museveni of Uganda, Uhuru Kenyatta of Kenya and Paul Kagame of Rwanda.

The second one, in the Kenyan port city of Mombasa last week, had the same cast of leaders, with Burundi and South Sudan sending ministerial delegations.

Among other things, the Mombasa meeting passed a declaration to fast track the East African political federation in the absence of Tanzania, which analysts say highlights a clear move to break away from the laborious consensus model of the EAC to one where there is a “leading tendency of the willing.”

Last week, the chairman of EALA Members Tanzania chapter, Adam Kimbisa, said in Dar es Salaam that those accusing Tanzania of dragging its feet on integration are deliberately misleading the public in the region.

(Read: Why Tanzania drags its feet in the EAC)
According to Mr Kimbisa, Tanzania has not rejected any integration proposal without giving reasons, and it was surprising that those accusing the country of being anti-integration failed to accompany their accusations with the reasons advanced by Tanzania.

“The major thing behind this accusation is Tanzania’s refusal to have land included in Community matters. As it stands, land remains a private affair of each member state, but Bills have been unscrupulously drafted including land that Tanzania has repeatedly rejected,” he said.

As a result, he added, Tanzania is now being accused of being anti-integration, while the fact is that the country is willing to integrate on all matters except land.

The sentiments expressed by Mr Kimbisa provide a window into the thinking of Tanzania’s leadership regarding the contentious issue of regional integration.

Giving examples, Mr Kimbisa said Tanzania has donated free land to EAC to build its headquarters in Arusha, a clear indication that the country is for integration, contrary to allegations levelled against it.

Tanzania is also accused of being slow in decision making on integration issues while the truth, according to Mr Kimbisa, is that the country is being very careful before committing itself to anything based on experience from the break-up of the first community.

“When the first East African Community broke up in 1977, it was Tanzania that suffered the most. Once bitten, twice shy. We cannot allow ourselves to repeat same mistakes. We therefore have to scrutinise every detail before committing ourselves to anything on integration,” he said.

Covering nearly a million square kilometres, Tanzania accounts for 51 per cent of the total land area in the EAC. However, the country only accounts for 38 per cent of land under agriculture in the region, holding the greatest fraction of arable but unused land in the region — an estimated 380,000 square kilometres.

By comparison, Kenya, the second largest, accounts for 32 per cent of the total land area in the EAC, but 45 per cent of the land under agriculture.

The UN Population Division projects that the EAC’s population will balloon from the current 150 million to 270 million by 2030. The region will therefore have to turn to Tanzania as it looks to feed its growing population.

UPDF choppers crash report still a secret

Results from investigations into the cause of the fatal crashes have not been made public. Graphic: TEA
Results from investigations into the cause of the fatal crashes have not been made public. Graphic: TEA

Posted Saturday, September 7 2013 at 12:18
In Summary
  • The weather on Mt Kenya is said to change every 10 minutes, sometimes with sudden blizzards.
  • On February 25, a renowned conservationist and a journalist were killed when a light aircraft they were travelling in crashed near Mt Kenya. Dr Anthony King was piloting the plane when it came down. The journalist was the only passenger on board.
  • On July 19, 2003, 12 American tourists — three generations of one family — died after their chartered plane crashed into Mt Kenya. Two South African crew members also died in the crash.
Ugandans may never know the cause of the fatal crashes of three air force helicopters on Mt Kenya last year as the military is not about to lift the veil of secrecy around the probe into the August 12, 2012 air disaster.

The crashes claimed the lives of seven officers of the Uganda People’s Defence Air Force, and injured 21 crew members as they were en route to Somalia to support the African Union Mission in Somalia (Amisom) peacekeeping force, to which Uganda is one of the troop-contributing countries.

The silence about whose errors of omission or commission caused the fatal crashes brings into focus the issue of accountability in the Uganda People’s Defence Forces (UPDF). Unfortunately, even the Kenyan military has not made public the findings of its probe into the crashes.

Gen Salim Saleh, the president’s chief advisor on defence, who headed the Uganda investigation and handed a report to Commander in Chief President Yoweri Museveni within weeks of the crash, would not reveal what his probe unearthed.

Instead, Gen Saleh aka Caleb Akandwanaho told The EastAfrican, “The reports — mine and the Kenyan one — are the properties of the two governments. The respective ministers of defence and chiefs of defence forces are keepers of these reports.”

But UPDF Chief of Defence Forces Gen Edward Katumba Wamala says he has seen no such report.

“You better ask the person who did the investigation. I did not give him the task. How would he give me the report? The one from whom he got the task is the consumer of the report and would be the one to release it for public consumption,” he said, somewhat cryptically.

Gen Katumba Wamala added that the army has not yet taken up the matter with the UN to have the choppers replaced as demanded by President Museveni in May, during the Somalia Conference in London, when he asked that the UN compensate Uganda for loss of its military hardware. Amisom is an AU mission, deployed in 2007 under the auspices of the UN.

President Museveni argued that the Somali government’s allies needed to be given technological superiority over the Shabaab militia by using gunships, for which purpose the choppers were being deployed on the botched mission.

“In this connection, the UN should replace our gunships that perished in an accident in Kenya on the way to Somalia so that we use them as force multipliers,” President Museveni told the Somalia Conference.

The Uganda leader wants the three choppers, valued at about $10 million, replaced so that Amisom has the firepower to target Al Shabaab in their rural bases where they have been holding out for more than a year now.

President Museveni’s demand for the choppers’ replacements is driven by operational as well as sentimental reasons. The Uganda military has fought many wars around the region, but has not suffered so big a loss in one go.

The Mt Kenya crashes rank high up as one of the Uganda military’s worst air disasters, in which three of four helicopters crashed. Three Mi24 combat helicopters and one Mi17 utility chopper were headed for the war zone in Somalia to bolster the Amisom war against Al Shabaab, but all the combat helicopters crashed en route to the mission.

According to the UPDF, the flight plan was for the choppers to take off from Soroti Flying School in eastern Uganda on the way to Baidoa in Somalia, stopping at five fuelling points along the route — Eldoret, Nanyuki, Garissa and Wajir, all in Kenya — before finally touching down at Baidoa.

The combat helicopters coped well between Soroti Flying School and Nanyuki, but could not negotiate the 17,000 foot altitude of Mt Kenya between Nanyuki and Garissa. Aviation experts say the Mi24 is designed to fly at altitudes no higher than 12,000 feet. Only the bigger utility Mi17 chopper that could handle such heights survived the disaster, and landed at Garissa.

Yet, apart from sacking Air Force Commander Maj Gen Jim Owoyesigire and Chief of Staff Brig Moses Rwakitarate following the disaster, the military has done little as families of the Air Force officers who died in the crashes continue seeking answers.

Bad weather

President Museveni refused to blame the disaster on bad weather in the Mt Kenya area. But he mentioned “acts of negligence” and “high-handedness” that resulted in such losses of military equipment.

“I cannot listen to stories of bad weather on the mountain. Mountains are clearly shown on the maps. We never fly over mountains with helicopters, especially combat ones,” he said.

There are also fears that the UN, which had sanctioned deployment of the choppers in the first place under UN Security Council Resolution 2036, is blaming the Ugandan military for the disaster, and wants Kampala to bear the costs of replacement. Security experts argue that the usually diligent UN system would have vetoed outright flying of the helicopters and advised that they be disassembled and airlifted to the war zone.

Indeed, sources said that one of the captains who died in the crashes advised his superiors that it was unadvisable to fly fully loaded armoured gunships to Somalia, but was overruled.

There is also the question of whether the choppers upon taking off were presumed to be on a UN mission, or whether they would only qualify as being on a UN mission once they reached Somalia.

MPs’ motion to get Kenya out of ICC most callous move

Posted Saturday, September 7 2013 at 13:43
Members of parliament in Kenya this week initiated a process to pull the country out of the International Criminal Court (ICC) protocols. The country chose to become a member of ICC.

And as it was to happen, the tribal conflagration of 2007/8 elections initiated the current court case.

This five-year cycle of violence was started under former president Daniel arap Moi’s watch, in 1991/2 and 1997/8 mainly in the former Rift Valley province.
But the 2007/8 presidential elections spawned deadly violence and these have not stopped to date.

This year alone, numerous skirmishes between communities have left a number of people killed without any strong response and deterrence from our police or judiciary.

As I write this, communities are burying their dead in Moyale and Trans Mara, due to tribal violence. As usual the political elite are implicated; so horse trading in Nairobi has been done to defeat the course of justice.

Tribal clashes in Kenya happen all the time yet the police and judiciary has never acted to stop future clashes.

When the worst happened in 2007/8 many were convinced that that only the ICC could mete out justice for the majority poor and voiceless who bore the brunt of the violence. The need for justice has not gone away merely because President Uhuru Kenyatta and his deputy Willaim Ruto formed an alliance and won.

I condemn the sycophantic MPs for initiating the process to pull out of the ICC. In their minds, the poor voiceless Kenyans are phantoms and a figment of our imagination.

Some have even joined the chorus of saying that the internally displaced people are fake. But the truth can never change. Will these people finally get justice?

Kariuki Muiru

Via E-mail

Introduction of VAT recipe for disaster

Seemingly the International Criminal Court (ICC) matters have overshadowed all other issues in Kenya and they are set to set the political agenda for the country for the rest of the year and beyond.

Today people are living in very troubled times with each day presenting unique challenges around the world. In Kenya, history set the country on the wrong footing from the word go through the British colonial practises and the nature and conduct of the politics since Independence.

As the ICC occupies Kenyans’ minds, the realities of the weaknesses of the economy have started sinking in, albeit slowly but in a painful way.

Clearly, the economy is deficient in the provision of decent livelihoods for majority of the population. The government finance books don’t look good. In effect it requires to collect more taxes and that explains the Value Added Tax on some essential goods and services on top of the existing taxes and other already VATed goods.

Still government services are not sufficient, hence the lack of teachers, schools, doctors, health services infrastructure, transport and communication and security provision among others.

Nonetheless, with the ICC disruptions and challenges the citizens are bound to spend a lot of energy. The ICC cases will raise emotions and political temperatures in equal measure.

I think this is a challenge beyond the ordinary Kenyan yet they are the most emotionally disoriented as they tend to take positions based on political affiliations.

The merits and demerits of the case not withstanding this is bound to be a harbinger to a lot of social and political dis-orientation and disfiguration. But it is the gullibility and the recklessness that at times occupy the citizen’s psyche that should be most worrying.

While this is happening, August saw inflation rise to 6.7 per cent. With the increase in the prices of basic goods, this will push the rate even higher. If the Syrian crisis escalates with a US intervention leading to rise in oil prices, Kenya’s inflation will bite even more.

In addition, imports outstrip export volumes. In effect we are headed for bigger deficits.

The country is facing social problems and political disquietness. Add the mess of unemployment and poverty, and Kenya has quite urgent problems whose magnitude is scaring to fathom.

Harrison Mwirigi Ikunda

Via E-mail

Rwanda implicated in torture of another refugee in Uganda

Rwandans return home. Some of the refugees living in Uganda claim they are being persecuted. Photo/File
Rwandans return home. Some of the refugees living in Uganda claim they are being persecuted. Photo/File

Posted Friday, September 6 2013 at 18:38
In Summary
  • Pascal Manirakiza, who fled Rwanda while in school at CEPEM secondary school in Ruhengeri was found unconscious with marks of torture in Lusaze cemetery in Makindye, Kampala District and fingers are once again pointing to Rwanda’s security operatives.
  • Of all countries hosting Rwandan refugees, Uganda is said to be the most notorious when it comes to allegation of torture.
  • Lt Joel Mutabazi and Innocent Kalisa whose whereabouts are still unknown are the most prominent fugitives to have faced assassination attempts recently and both UNHCR and the office of the prime minister of Uganda have blamed it on Rwanda.

Barely a week after Rwanda was heavily criticized by the refugees’ rights advocacy groups, it is again embroiled in fresh allegations of torturing a Rwandan refugee living in Uganda.

Pascal Manirakiza, who fled Rwanda while in school at CEPEM secondary school in Ruhengeri was found unconscious with marks of torture in Lusaze cemetery in Makindye, Kampala District and fingers are once again pointing to Rwanda’s security operatives.

Of all countries hosting Rwandan refugees, Uganda is said to be the most notorious when it comes to allegation of torture, abductions and assassination attempts on refugees.

The former student sought asylum and has been living in Kyaka refugee camp where it is alleged that his captors whisked him away to a safe house in Kampala where he was tortured.

A fortnight ago, the Rwandan government was accused by United Nations High Commission for Refugees for kidnapping, attempting to assassinate and illegal extradition of refugees living in Uganda.

Lt Joel Mutabazi and Innocent Kalisa whose whereabouts are still unknown are the most prominent fugitives to have faced assassination attempts recently and both UNHCR and the office of the prime minister of Uganda have blamed it on Rwanda.

The suspected Rwanda operatives were intercepted by officials from UNHCR and OPM as well as police from getting to Mr Manirakiza allegedly with the intention of killing him at the cemetery where he was dumped after torture.

However, Rwanda’s High commission in Uganda has vehemently denied these accusations calling them smear campaigns by the enemies of the state.

“A section of negativists have continued to misinform the general public that some agents of Rwanda are responsible for a number of abductions of Rwandan dissidents living in Uganda,” said Maj Gen Frank Mugambage, Rwanda’s ambassador to Uganda.

About Mr Manirakiza, the ambassador said that Rwanda has been able to establish through Rwanda National Police that much as Manirakiza was a student at CEPEM Secondary school, he had of late associated himself with FDRL, a terrorist group that was involved in the 1994 genocide against the Tutsi in Rwanda.

Rwanda maintains that it is the same FDLR group which Manirakiza is associated with that has from 2009 to July 2013 been responsible for thirty grenade attacks in Kigali and around the country and on learning that he (Manirakiza) was being investigated, he together with one of his accomplices called Bienvenue escaped and what happened to him may have something to do with those who were indulging him in the FDLR activities, certainly not Rwanda.

Douglas Asiimwe, a senior refugee officer in the OPM Uganda, was not available for comment about Mr Manirakiza’s case but he had condemned earlier arrests of Rwandan refugees calling it a deliberate move by Rwandan operatives.

“It makes no sense to issue the arrest warrant now when a refugee (mutabazi) has been in the country for more than three years and Rwanda knew where he was all those years,” said Mr Asiimwe, in an earlier interview.

The OPM maintain that the manner in which Rwanda is trying to take some refugees back is not credible and it is suspicious of their intensions since there are laws that govern extraditing a person which are normally not followed and police should always take due diligence.

Thursday, September 12, 2013

Police quick to serve the mighty

A combination of photos showing National Police Service Commission boss Johnstone Kavuludi (left) and Inspector-General of Police David Kimaiyo (right). A lobby group has obtained the court’s permission to file a suit challenging the appointment of 47 county commanders July 2, 2013. FILE
A combination of photos showing National Police Service Commission boss Johnstone Kavuludi (left) and Inspector-General of Police David Kimaiyo (right). Majority of robbery with violence cases reported are never taken to court for trial and the few suspects charged walk away scot-free due to lack of evidence produced against them. NATION MEDIA GROUP

In Summary

  • The Baseline Survey On Policing Standards And Gaps In Kenya, which was launched on Wednesday, shows that 62 per cent of robbery cases never proceeded beyond the police stations in which they were reported, because too little evidence was gathered to warrant a consideration for trial.
By FRED MUKINDAMore by this Author
The casual manner in which police and prosecutors work has been exposed in a new report.
Police, according to the report, routinely disregard crimes committed against ordinary Kenyans, but are quick to serve influential people.
Thus the majority of robbery with violence cases reported are never taken to court for trial and the few suspects charged walk away scot-free due to lack of evidence produced against them.
The report is the result of a survey commissioned by the Independent Policing Oversight Authority and conducted in 36 Counties.
Investigation period
Chairman of the authority’s Finance and Administration Committee Tom Kagwe, who presented the report said: “Investigation period (which police take to look into a report) depends on who is the complainant.”
He further explained that police would usually move fast to act on a matter if it’s reported by a person regarded as influential.
The Baseline Survey On Policing Standards And Gaps In Kenya, which was launched on Wednesday, shows that 62 per cent of robbery cases never proceeded beyond the police stations in which they were reported, because too little evidence was gathered to warrant a consideration for trial.
Of the few that were taken to court, 78 per cent were thrown out even before the case reached a point where the accused person was required to defend himself or herself, simply because the evidence adduced was deemed too weak.
Besides robberies, the survey also looked into two other felonies: “Preparing to commit a felony,” and “theft by servant.”
“The review of felony cases files indicates a conviction rate of 25 per cent. This means that only one in four cases ends in a conviction. This finding raises concern because it reveals poor quality investigations and challenges for police to determine which cases are ripe for prosecution,” part of the report reads.
The survey involved an analysis of 203 case files at Kamukunji, Kilimani, Kariobangi and Huruma police stations in Nairobi, as well as interviews with 515 officers.
Some 5,082 households were also interviewed.
IPOA chairman Macharia Njeru said: “The quality of investigations at the station level is very poor and a lot of work has to be done. The impact of professional misconduct is very high.”
The report further revealed that the National Police Service is staffed with brutal officers who falsified evidence, threatened the public with unjustifiable imprisonment and took bribes.
It did not spare prosecutors either : “There were many cases where the office of director of public prosecutions did not give directions on areas that needed to be covered by investigators to gain evidence,” said Mr Kagwe.
However, most cases in Kenya are prosecuted by police officers because the DPP’s office is barely three years old and is inadequately staffed. But even where prosecutors gave guidance on best ways to nail suspects, investigators were further reprimanded.
“This finding indicates that prosecutors are returning files for additional investigation but the police are not necessarily producing any additional evidence,” the report says.
It adds: “In most cases, communication between police and prosecutors is not being fully exploited to jointly work on strengthening the case.”
A big number of case files seen by the researchers lacked vital documents that the court would rely on.
Prove crime
Even in a number of cases that moved to court, proceedings collapsed: “Police were able to collect evidence to prove that a certain crime was committed, but proving that the accused person was involved was more challenging,” says the report.
Section 87 of the Criminal Procedure Act says in part: “A public prosecutor may, with the consent of the court, withdraw from the prosecution of any person,” in order to conduct further investigations.
Police misconduct largely goes unreported, the report notes. Officers interviewed said: “Officers who witness misdeeds by colleagues do not report for fear of reprisals, threats of being transferred, no action taken and it would affect employment.”
Moreover, members of the public also fail to report such malpractices because they fear no action would be taken, threats from officers as well as financial challenges.
However, the report also noted that police efficiency was hampered by among others low morale due to incommensurate salaries and lack of modern equipment to fight crime.
Inspector-General of Police David Kimaiyo, who attended the launch, said police detectives are usually trained not to take cases to court unless there is sufficient evidence.
“What could be lacking is the communication between the detectives and complainant and so the latter does not understand a case cannot be taken to court without enough evidence. A case file cannot also be closed if it has not been determined by a court,” he said.

Africa: Report Calls for New Probe of UN Chief's Death
10 September 2013

Related Topics

Photo: United Nations
Dag Hammarskjöld
A commission of international jurists says there is evidence that the aircraft in which the then-United Nations secretary-general Dag Hammarskjöld died in 1961 was "subjected to some form of attack or threat" before it crashed.
In a report released Monday, the commission said it was "highly likely" that the National Security Agency (NSA) in the United States recorded radio traffic on the night of the crash. It recommends that the United Nations reopen the investigation into Hammarskjöld's death, which occurred while he was on a peace mission to what is now the Democratic Republic of Congo.
Hammarskjöld was on his way to Ndola in former Northern Rhodesia, now Zambia, to meet the Katangan separatist leader, Moise Tshombe, when his chartered DC6 aircraft crashed near Ndola airport. Tshombe's breakaway from the Congo was backed by Western mining interests. Conspiracy theories that have circulated in the years since the crash assume that Hammarskjöld's efforts to broker peace between Katanga and the Congo threatened Western interests.
Rhodesian investigations conducted after the crash suggested pilot error as the cause, but a UN inquiry recorded an open verdict. The commission which reported on Monday was privately convened by a body known as the Hammarskjöld Inquiry Trust, and comprised Sir Stephen Sedley of the United Kingdom, Ambassador Hans Corell of Sweden, Justice Richard Goldstone of South Africa and Judge Wilhelmina Thomassen of The Netherlands.
In the late 1990s, documents found by South Africa's Truth and Reconciliation Commission and purportedly written by a South African intelligence front organisation said that at a meeting with British intelligence agents just before the crash, it was agreed that “UNO [United Nations Organization] is becoming troublesome and it is felt that Hammarskjöld should be removed. Allen Dulles (head of the U.S. Central Intelligence Agency) agrees and has promised full cooperation from his people”.
The Sedley commission reports that South Africa's Ministry of Justice is unable to find the original documents, so it is not possible to check forensically the age of the paper and ink.
“As to their content, although they contain elements... which can be doubted, there is nothing on the face of the documents which can be confidently shown to be false... On the other hand, there is nothing in them which could not have been known to, or invented by, a forger,” the commission said.
However, it says other significant new evidence has emerged, much of it in recent years, and further inquiries could add to it.
The commission concluded: “There is persuasive evidence that the aircraft was subjected to some form of attack or threat as it circled to land at Ndola.... We... consider that the possibility that the plane was... forced into its descent by some form of hostile action is supported by sufficient evidence to merit further inquiry."
The commission said it was “highly likely“ that the NSA, and possibly the CIA, had tracked and recorded local and regional Ndola radio traffic on the night of the crash.
"Authenticated recordings... if located, would furnish potentially conclusive evidence of what happened to the DC6... The Commission’s investigations have reached a point at which this line of inquiry appears capable of producing a clear answer, and it is appropriate that the process should now pass into the hands of the (UN) General Assembly."
Responding to the commission's report in New York, a spokesperson for the current UN secretary-general, Ban Ki Moon, said the UN Secretariat will study the findings closely. “The United Nations is among those most concerned in arriving at the whole truth of the circumstances leading to his death,” the spokesperson added.

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