Sunday, 7 October 2012

ADDRESS BY THE CHIEF JUSTICE DR. WILLY MUTUNGA AT THE LAUNCH OF THE JUDICIARY TRANSFORMATION FRAMEWORK



Ladies and Gentlemen, Country Women and Men, Friends and Colleagues,
I feel privileged to speak to you today about the distance we have covered and the journey upon which we wish to embark in reclaiming the Judiciary for the Kenyan public. In my Progress Report after 120 days in office, I painted a broad picture of the Judiciary we found. The details of that picture are much more engaging and warrant revisiting, even if only briefly. And in launching the Judiciary Transformation Framework today, I have chosen the eve of Madaraka Day, a day that marks our transition to self- rule as a signal to own our determination to create an independent and effective Judiciary.
An oft-repeated criticism of the Judiciary has been over how it has accumulated an impossible case backlog. Case delays have become the badge of inefficiency and ineffectiveness the Judiciary wears as its mark of distinction. Case backlogs constitute the single most important source of public frustration with the Judiciary. They open a door for fugitives from justice to seek refuge in the courts by turning them into a playground for the rich and corrupt.
Inefficiency manufactures artificial shortages of justice, manures the soils in which corruption is planted and manicures a culture of ineptitude. This environment distorted values and perverted the cause of justice. It created a vicious cycle where poor service, inadequate staff, graft and unfavourable working conditions fed on each other to create the crisis of confidence in whose grip the Judiciary found itself.
We sought innovative ways that would yield the quickest benefits for the Kenyan public. We adopted the rapid results approach to jumpstart organisational change and increase the capacity of staff to implement programmes. Confronting the issue of case backlogs in the Court of Appeal as well as in five divisions of the High Court has generated results as well as important lessons that inform the changes we wish to undertake in moulding the new Judiciary.
The Court of Appeal was an important starting point in this journey towards transformation. The average waiting period for a case in the Court of Appeal was six years. With the backlog of 3,800 cases, with each requiring three judges at the same time at current capacity levels, the Court of Appeal presented special logistical challenges. There appeared to be no way to conclude all the cases in under three years — even if there were to be a sitting every day. Still, there are many roadblocks to justice in the unique Court of Appeal Rules, the special manner in which records of appeal must be prepared, and the low number of judges.
These challenges notwithstanding, the Court of Appeal judges voluntarily adjusted their work schedules and created training manuals for preparing records of appeal. In 100 days, the Court of Appeal had reduced its case backlog by 451 cases. The Court continues to encourage those who take cases before it to file written submissions as a time-saving measure, and is reviewing its rules to place greater emphasis on efficiency and concluding matters with dispatch.
The Judiciary is transforming.
At the High Court, similar initiatives were rolled out with encouraging results. Although the case backlog in the Environment and Land Division was 5,000, a baseline survey established that 16,907 new cases had been filed between the year 2000 and 2011. Within 100 days, this division of the High Court had reduced its backlog by 3,419 cases. In the Commercial and Admiralty division, where a baseline survey surfaced 29,000 cases, a whopping 27,000 cases were removed from the backlog: Many cases consisted only of files that had been opened, with no further action. They had been floating around the courts for years in the guise of backlog.
Similar initiatives have been launched in the Constitutional, Human Rights and Judicial Review, the Criminal and the Family divisions. Out of the 58,800 cases captured as backlog in these courts, 30,670 were disposed of in just 100 days. I salute the judges and staff in these courts for demonstrating what is possible even under difficult circumstances.
The Judiciary is already transforming.

The lessons from this initiative, as from many others like it, are numerous. In many instances, the cases were greater in number than had previously been thought, and in some instances, far less. This speaks to the importance of court records and their management. Where the records storage, management and retrieval system is weak or non-existent, the sagacity of a judge or magistrate alone can be woefully inadequate in preventing a miscarriage of justice.
Some of the archives and exhibits stores around the country had fallen into such neglect as to become the habitations for snakes and rodents. Termites had developed a literal taste for the delicacy of the court file, which they would devour without a thought on the details contained therein. In several instances, some staff, acting on their own initiative, have created accessible filing and storage systems that facilitate the easy retrieval of records. We continue to encourage these efforts as we tap into the reservoir of creativity and energy that already abounds in the Judiciary. Already, the Judiciary is transforming.
Concomitant with these rapid results approaches have been other emergency interventions to deal with roadblocks the public encounters in the quest for justice. The Office of the Judiciary Ombudsperson, set up to receive and investigate complaints against judicial officers by the public, and by the staff against each other or their employer, has opened a great avenue for contact and interaction. With the Ombudsperson’s office now peopled with liaison officers from court stations across the country and the establishment of an online and short text message service through the number 5834, I am confident that responses to complaints will be faster, better, more transparent and cost-effective. This office will be the beachhead of the strategy to reduce the citizens’ alienation from the Judiciary and demonstrate that the institution is open and available for all those who seek its help.
Across the board, the Judiciary is making heavy investments in information communication technology to improve service delivery, increase efficiency, lower the transactional cost of justice and modernise the Judiciary. It is one of the platforms on which we continue to encourage public participation. A recent, remarkable outcome of this approach was the crowd sourcing of designs for the prototype court. Besides the many brilliant designs entered in the competition, whose winners were unveiled and awarded this week, Kenyans spoke candidly about the discomforts they suffer when they use the present court infrastructure – from lack of toilets to the absence of separate holding cells for men and women. Inconveniences around paying court fines and fees, and the deficit of compassion in the manner courts treat people are some of the other observations the public has voiced.
Aware that happy staff make happy clients, we have undertaken several measures within the Judiciary to professionalise the work environment. A revised code of conduct and ethics is being finalized, as well as a sexual harassment policy whose enforcement are a matter of priority. Staff are being trained and sensitized on their implementation. We have undertaken nepotism and ethnicity audits, as well as a disability survey among Judiciary staff as first steps towards eliminating artificial barriers to career progression and creating a safe, rewarding work environment.
Additionally, we have sought to give every member of staff the tools they need to perform their duties. We have also begun to improve the compensation packages for the staff working in the Judiciary. We embrace training and continuous learning as the anvil upon which we sharpen our professionalism and prepare us for the challenges the environment will throw at us.
In return for the heavy investment the public is being required to make to secure the comfort of Judiciary staff, they must obtain value for money in the services they receive. That is why I remind my colleagues that no one has a title deed to a job in the Judiciary.
Talking of confidence, technocratic reforms alone are not sufficient to win public confidence. They may produce results, but they are not sufficient to deliver fully on the promise the Constitution makes to Kenyans. They are probably reactive to situations that have undermined the Judiciary in the past but do not speak to the totality of our constitutional mandate. The face of justice in Kenya has remained forbidding and unapproachable because the Judiciary has largely been bereft of compassion, disinterested in the daily lives of ordinary people and manifestly indifferent in the name of maintaining neutrality.
The Constitution does not require the Judiciary to merely clear case backlogs, eliminate the problem of lost files and computerise its operations for greater efficiency – important as these are. It demands a cultural shift to enable the Judiciary to lead the transformation of the Kenyan society to bring it in line with national values.
The Judiciary will only lead this transformation by interpreting and defending the Constitution, but it can only do so by first transforming itself.
This transformation, therefore, aims to ultimately reconstruct the Kenyan society. That is why reform alone would be not be sufficient. The Judiciary is transforming because the Constitution requires it to. And this is how we intend to answer the command of the Constitution.
As the engine of societal transformation, the Judiciary is required to adopt a culture of service that is people-centred. We must create an environment that supports the delivery of justice, upholds the rights of the Kenyan people and promotes national values. We must recapture the public imagination, not through outdated rituals and posture, but by evoking a common appeal. Drawing on the lessons of the last elections, we have established a Judiciary Working Committee on Election Preparedness to draw up a curriculum that will prepare judicial officers to try election offences and resolve election disputes.
The Judiciary Transformation Framework that we launch today will be carried out in line with four pillars: focusing on people outside the institution; focusing on people within the institution, providing the resources and infrastructure required, and employing information communication technology across the board.
In order to give structure to the numerous initiatives we are undertaking, and create coherence among them, I am happy to unveil the following 10-point action plan for transforming the Judiciary:
  1. Access to and expeditious delivery of justice: Justice is not the privilege of a few. We seek to expand access to the expeditious delivery of justice for all Kenyans. Every court shall have a customer care desk and a court counsel to provide information about the procedures one’s needs to follow, especially in cases where one would like to represent oneself. Court documents will be simplified. Our justice system will give due regard to traditional mechanisms of dispute resolution, as far as the constitution allows. There will be a High Court in every county and a magistrate’s court in every district and decentralize the Court of Appeal. We shall increase the number of mobile courts, and ensure that they work. Ultimately, our performance will be weighed on the scales of humanity and democracy. These commitments will be published in a Litigants’ Charter, which will be our contract with the Kenyan people.
  2. Public participation and engagement: We will never forget who the boss is. We shall explain ourselves simply and coherently even as we seek the views of the public in undertaking our various activities. We shall listen keenly, not just to satisfy the letter of the Constitution, but also to respond appropriately. For it is not our intention to talk at the Kenyan public, but rather to begin a conversation with them. The Office of the Ombudsperson will be strengthened and supported through technology to be responsive, effective and efficient at all times. We shall open dialogue with students and the public so that people know what we do.
  3. Stakeholder engagement: We take our responsibilities in the justice chain seriously and encourage our partners to do likewise. The independence of the Judiciary is complementary to our interdependence with others working within the justice system. We shall lead the National Council on the Administration of Justice in unlocking problems that hinder our work, just as we will collaborate with the Executive, independent commissions and other actors. We shall always defend our independence as a separate arm of government is guided by the national values of patriotism and national unity in helping the other arms of government to realize a new Kenya.
  4. Philosophy and culture: We shall evolve a new philosophy and culture that recognises the people of Kenya as the source of judicial authority. We pledge to offer imaginative leadership on law, accountable service with integrity, openness, and an orientation towards delivering results and ethical conduct.
  5. Leadership and management: People are our most critical asset. That is why we are adopting professionalism in leading and managing this critical resource. We shall equip our staff with skills, motivate them to perform, reward them fairly and create opportunities for their personal and professional growth. We shall match staff to work, skills to career progression, and additionally set up mortgage, medical and loan facilities. Policies on transfer as well as training and scholarships will be designed to make working in the Judiciary a competitive career choice. Our management style will be participatory and representative of all sectors of the Judiciary.
  6. Organizational structure: We will simplify the way the Judiciary is organised in order to clarify reporting lines and create clear accountabilities in order to fast-track decision making. Our organisational design will be devolved to encourage discipline and reward performance. There shall also be a court inspectorate unit. Human resource and finance functions will be devolved to 17 regions around the country.
  7. Growing jurisprudence and judicial practice: Training, research and partnerships will be at the heart of our efforts to enable judges and magistrates to develop the law and its application in order to bring it to par with practices around the world. We shall embrace continuous learning, mentoring and peer review in order to create new thinking about the law and how it is applied.
  8. Physical infrastructure: We shall have courts that are friendly, accessible and have the required facilities. We have begun the process of creating a model court from the designs received from a recent competition. Once the public makes further contributions to these designs, they will be turned into a model design to be used in building standard courts. We shall also have an infrastructure development master plan to guide development, and an inspectorate department.
  9. Financial resources. We shall get the Judiciary Fund working in order to secure our financial autonomy, but we shall also embrace budget for results, manage our finances responsibly and be accountable at all times. Although some of the Judiciary’s activities are currently supported by development partners, the public must eventually pay for it in order to own it and demand the requisite accountability of it.
  10. ICT as an enabler: We shall harness ICT to improve the administration of justice and right across all the key result areas. We undertake to deploy electronic case management, integrated document management and audio-visual recording to cut back on delays and other opportunities to frustrate the search for justice.
This blueprint encourages every court station to innovate. It allows the creativity of every Judiciary official to show. With it, we are creating a structure that encourages resourcefulness and enables it to thrive. Unlike other reports, plans and frameworks, the Judiciary Transformation Framework will not just be a document. It is a roadmap for action. That is why I have created a full-time Judiciary Transformation Secretariat within my office to drive its implementation. The person I have picked to lead the Judiciary Transformation Secretariat is highly talented and has shown a remarkable sense of commitment to serve by leaving a tenured position as professor at one of the foremost universities in the world to take up a position as a judge. Justice Professor Joel Ngugi, who has been a critical part of implementing the pilot transformation programme at the Machakos Law Courts, brings invaluable insights into how each station can make this framework a living reality.
All citizens must be reminded that this is their Judiciary. They pay for it, and it must work for them. This Judiciary Transformation Framework is their tool for holding each of us, at every level of the Judiciary, to account.  Civil Society has a special role as our partners in promoting this framework as the new template for how the Judiciary will work. As stated before, we regard the co-ordinate branches of government as interdependent and look forward to a healthy relationship as we seek that society the Constitution commands us to build.
We require more scrutiny from the media – not just here in Nairobi, but around the country, so that it can never be said we had a good plan that we failed to implement.
Finally, for those who may be inclined to resist this Judiciary Transformation Framework, I would say this to you: the train has already left the station. The forces against change have no alternative but to obey the Constitution — unless they want to overthrow it. This I am certain of: the old order is dead. What is uncertain is how expensive the forces of resistance will make the funeral.
Those who may think focusing on an individual can halt or derail this transformation have not made the necessary mental shift. There is a critical number of Kenyans in the Judiciary who share this vision for transformation.
They would do well to note that the office of the Chief Justice is not a transmission station for instructions from any quarter – the Executive, the legislature, civil society, capital or any organised interest. I do not tell judges what to decide and no Kenyan, however low or high, should think that they can ask me to do so. I have not done it and I will not do it. Ultimately, our aim is not to defeat or humiliate anyone. It is only to deliver to Kenyans what is promised to them in the Constitution.
And to my colleagues in the Judiciary, I wish to say this: The journey of an earnest transformation of the entire Judiciary begins today. It is a cause long pre-determined by the Constitution and high expectations and on which we have no choice. You owe it to yourselves to create an institution of pride – make the Judiciary the most prestigious, attractive, and effective arm of government. I am sure that a great deal of professional satisfaction is to be derived from working for an institution of distinction and not one that is the object of constant public scorn and ridicule.
As the Chief Justice and head of this institution, I will do my part to help us realize our transformation objectives. The burden of history requires me to provide leadership in the creation of a new institution. It is a burden I have taken up with pleasure and will pursue with uttermost conviction. No decision will be too tough for me to make if that is the price we have to pay to meet the aspirations of the Kenyan people. The time for testing is past. Now is the time for results. We must all transform or perish.
Thank You.
Dr Willy Mutunga, SC. D.Jur., EGH
Chief Justice & President
Supreme Court of Kenya

Thursday, 13 September 2012

somalia's president and kenyan foreign affairs minister escape unhurt

There has been a suicide attack at the gates of a hotel in Somalia's capital, Mogadishu, where the new president was staying.
A BBC reporter says at least seven people died in the attack, including the two bombers who targeted the hotel.
President Hassan Sheikh Mohamud, who has been based at the Jazeera hotel near the airport, was unharmed.
The al-Qaeda-aligned group al-Shabab said it had carried out the attack.
On Tuesday, the group said the president's election, which is the latest step to end decades of war, was organised by the "enemies of Somalia".
It was the first time for years that a president has been chosen on Somali soil.

"This atrocious attack comes only two days after a milestone vote where the Somali parliament overwhelmingly and transparently elected Mr Hassan Sheikh Mohamud as president, giving to Somalia a renewed hope for a better future," UN envoy to Somalia Augustine Mahiga said in a statement.
"Such attempts to push the country back into chaos and violence will not deter the Somali people's determination to move forward."

"There has been a blast around the hotel where the president was. The president is safe. All the people who were inside the hotel are safe," Col Ali Houmed, a spokesman for the African Union force in the country, known as Amisom, told the AFP news agency.
One witness told the BBC Somali Service that two militants parked a vehicle near the hotel and walked towards the building.
One man blew himself up at the gate as the second man ran into the hotel firing a gun which wounded a policeman, he said.
The second attacker was shot dead before there was a further explosion.
The BBC's Ibrahim Aden in Mogadishu says two Somali soldiers were killed in the first blast and two civilians were killed in the ensuing shoot out.
In a statement, Amisom said one of its soldiers had died and three others were injured.
Six civilians were also wounded and are being treated in hospital for bullet wounds, our reporter says.
The blasts took place as President Mohamud was holding a press conference in the Jazeera Hotel with visiting Kenyan Foreign Minister Sam Ongeri.
"When we just started the press conference there was a suicide bombing outside and gunshots which were heard from outside the hotel," a woman inside the building, who asked to remain anonymous, told the BBC's Focus on Africa programme.
"We could see them from the window," she said.
The Kenyan foreign ministry confirmed that there was an attack whilst Mr Ongeri was delivering a "goodwill message" to the new president.
"The meeting however went on successfully after the thwarted terrorist attack with Minister Ongeri and his entourage are expected back to the country later this evening," the statement said.
Kenya sent troops to Somalia last year, saying that it wanted al-Shabab defeated because the militants threatened its security.
Kenyan soldiers have since joined the Amisom force in the country, boosting its numbers to nearly 18,000.
Just over a year ago, al-Shabab was largely driven out of Mogadishu by African Union forces and Somali government troops.
But militants still stage occasional attacks in the city.
Since the overthrow of President Siad Barre in 1991, Somalia has seen clan-based warlords, Islamist militants and its neighbours all battling for control.

US to investigate Benghazi assault


People demonstrate during a rally to condemn the killers of the US ambassador to Libya and the attack on the US consulate, in Benghazi 12 September 2012


 
The US is investigating whether the attack in Libya that killed the US ambassador and several other people was planned in advance, officials say.
The assault had earlier been thought to have been a spontaneous reaction to protests over an anti-Islamic film.
US President Barack Obama has called the presidents of Egypt and Libya to urge cooperation over security for diplomatic staff.
There have been further clashes outside the US embassy in Cairo overnight.
Thousands of people gathered outside the building in the Egyptian capital, chanting and starting fires.
Police and troops fired tear gas to break up the crowds, some of whom were seen carrying petrol bombs.
On Wednesday, demonstrators in Cairo angry at the film - Innocence of Muslims - had breached the walls of the US embassy and torn down the flag.
President Barack Obama has vowed to bring those behind the attack to justice, but said the US would not "break bonds" with the new Libyan government.
The White House says Mr Obama spoke to Libyan President Mohamed Magarief on Wednesday evening and agreed the two countries should work together to identify the attackers.
In a further call to Egypt, President Mohammed Morsi promised to ensure the safety of American staff in the country, the White House said.
Security has been tightened at US embassies across the world.
A marine anti-terrorism team is being deployed to Libya to bolster security there, a US defence source told reporters in Washington.
The US says it is also sending two destroyers to the coast of Libya as a precautionary measure.
Militia suspicions Armed men stormed the consulate in the city of Benghazi on Tuesday night.
It is believed Ambassador J Christopher Stevens died of smoke inhalation. Three other Americans and up to 10 Libyans also died in the attack.
Officials have now said the attack was complex and professional, and reports suggest the perpetrators may have had links to jihadist groups.
A senior US official quoted by AFP news agency said the Benghazi attackers appeared to have used the demonstrations as a pretext to staging an assault.
"This was a complex attack," he told the news agency. "They seemed to have used this [protest] as an opportunity."
US officials told Reuters news agency there were suspicions that a militia known as the Ansar al-Sharia brigade was responsible, although the group has denied the claim.
They said there were also reports that al-Qaeda's north Africa-based affiliate, al-Qaeda in the Islamic Maghreb, may have been involved, the news agency reports.
President Obama: "There is absolutely no justification for this type of senseless violence"
The consulate compound began taking heavy fire at about 22:00 local time (20:00 GMT) on Tuesday night, and the main building was in flames soon afterwards.
Libyan and US security forces tried to retake the compound several times, US officials said, but only succeeded early on Wednesday.
One of the Americans killed was Sean Smith, a state department employee. The other victims have not yet been identified.
Seventeen-year-old Hamam, who took part in the attack, told Reuters that Ansar al-Sharia cars had arrived at the start of the protest but later left.
"The protesters were running around the compound just looking for Americans, they just wanted to find an American so they could catch one," he said.
"We started shooting at them, and then some other people also threw hand-made bombs over the fences and started the fires in the buildings."
Little is known about the origins of the film, including about a man named as Sam Bacile, reported as being behind its production.
BBC reporters probing his background on Wednesday were unable to confirm personal details.
Egypt's Coptic Church has issued a statement condemning the production, after reports that some Copts in the US had financed the film.'Especially tragic'

Libyan officials have condemned the attack and pledged to investigate.
Interim leader, Mohammed Magarief, apologised to the US, adding: "We expect the rest of the world to help us face these cowardly criminal acts."
Speaking in the Rose Garden at the White House on Wednesday, President Obama praised the ambassador for his work in Libya after the overthrow of the late Col Muammar Gaddafi.
He said it was "especially tragic that Chris Stevens died in Benghazi because it is a city that he helped to save".

Monday, 10 September 2012

GOVT SPOKESMAN ALFRED MUTUA LETTER OF RESIGNATION

" I held a meeting with His Excellency the President of the Republic of Kenya, Mwai Kibaki and we discussed my resignation and subsequent candidacy for, Governor Machakos County.

I resign as the first Government Spokesperson of the Republic of Kenya. I have engaged for over eight years of service at a time when Kenya has undergone tremendous changes and faced many experiences.

The people of Machakos have requested me to be their first Governor because they want someone who is young, corrupt free, energetic, visionary and with the ability to transform the County into an economic and social power house. I have humbly accepted their request.

Today is my last day in office (2ND SEPTEMBER) . I thank all those who have supported me in my tenure in office, especially President Kibaki, Vice President Stephen - Kalonzo Musyoka, Prime Minister - Raila Odinga and my good friend Amb. Muthaura among others.


In the campaign period, I call upon all politicians to preach peace and national cohesion. I also request the Independent Electoral and Boundaries Commission to enforce the Elections Act to the letter so as to rid our country off impunity and bad leadership.

We are a poor country but sitting on riches. Our people and our land is rich beyond measure. We only need to harness and direct this wealth so that it can mature our people prosperously and free them from poverty.

As I leave office, I have learned a lot and have kept a lot of notes. I am currently working on a book, “Shooting the Messenger.” I will however not be peeling any masks but will reveal the truth about what has been happening in Kenya.

I wish to thank the media for their support during my tenure.

I have decided that the most important and powerful party in Machakos and soon in the whole country is WIPER DEMOCRATIC MOVEMENT PARTY. That is the party I am going for my bid as the first Governor of Machakos County."
Was this a credible platform of competency from the former govt spokesperson turned politician to quite office??..well it seems in Kenya politics is paying a lot than service to the locals. we need a revolutionary and not an emissary who is coming to lean on one direction in favour of a "certain ideology", which, in fact isn't one.. we need reformist not by talks but by actions and not yip yapping all round the place.

CAN KALONZO MYSYOKA CLINCH THE PRESIDENTIAL SEAT IN 2013???

Vice president Kalonzo Musyoka’s presidential bid got a boost  when leaders, elders, professionals from five constituencies in Embu, Isiolo and Kirinyaga counties declared their support for him.

The leaders among them former assistant minister Joffana Mokku said Mr. Musyoka was ideal candidate who can steer the country’s economy to further heights of growth if given the mandate.

Mr. Mokkhu said it is time leaders in both lower and upper Eastern rally behind the Vice President as he embarks on his quest for the highest office.

"We need a leader like you who can unite all the Kenyan communities if we are to realize national cohesion," said Mr. Mokkhu.

Among the speakers, former permanent secretaries Sammy Kyungu, Sammy mbova, youth leaders, civic leaders, and women representatives vowed to mobilize voters in their respective areas to support Mr. Musyoka.

Acknowledging the delegations move, Mr. Musyoka promised to ensure that agriculture which is the country’s economic backbone is given the necessary support including provision of subsidies to address the escalating farm inputs.

He particularly singled out the need to revive the coffee industry noting that in the past the crop was doing well in the region.

"I want to assure you that our farmers will be empowered through agricultural subsidies," he said.

The Vice President who hosted the group at Kenya youth hostel in Nairobi reiterated that Kenyans should this time round vote in individuals basing on their leadership qualities and capabilities and not along tribal lines.

Mr. Musyoka once again said Kenyan had great potential of economic prosperity and promised to ensure a 24 hour economy id elected to the presidency.

He assured Kenyans that he is ready to work with other like minded leaders with an aim of consolidating political parties with a common agenda so as to have a formidable force that will win the general election in the first round.

The Vice President commended people from Eastern region for maintaining peace after the last general election urging all Kenyans to maintain peace and harmony during this electioneering period.

Likes and Dislikes About Political Conventions


Convention Dislikes

Boos.  Mere mention of an opponent or his policies brings a chorus of forced, obligatory “boos” from hyper-partisan activists.   Canned convention boos are like laugh tracks on a bad sitcom — automatic, artificial, and mindless.   Conventions should be about winning over the moderate swing voters who will decide the General Election.  Well, for middle-of-the-road viewers who tune in to see if the party in question is serious about solving the country’s problems, or just planning on more petty partisan gamesmanship, the boos give them their answer.  So self-defeating.
Revisionism.  In the alternative universes that exist in political convention halls, Reagan wasn’t too liberal to be nominated by the GOP today. Clinton never pissed away the opportunity to pass progressive policies over a cheap thrill.  JFK wasn’t a relatively unaccomplished President.  Those realities are glossed over.  At conventions, parties ignore historical reality, and build up their Presidential icons and lore.   For people who care about accuracy in history, it’s excruciating.
Call and Response.   This is when the speaker makes a series of red-faced claims, and the crowd is trained to respond with a canned line, such as “yes,” “no,” “that dog won’t hunt,” or, I don’t know, “set it and forget it.”  Maybe somebody did it before Ted Kennedy, but he is the first person I remember using the now tired call-and-response gimmick at conventions.  I get that the crowd likes to be involved after sitting through 500 consecutive speeches saying roughly the exact same thing.  But the tactic is badly overused by both parties.  While people inside the hall apparently love call-and-response games, to viewers outside the hall, it makes Tampa and Charlotte look like Jonestown.
USA, USA, USA.  Ostensibly, this chant that both parties love so much is supposed to translate into “we love our country,” which is touching.  But let’s be honest.  The actual translation is “we love our country more than the America-haters in the other party do,” and that is tiresome and ugly.  Enough.

Convention Likes

The JV.  It’s kind of fun to watch Junior Varsity pols get some playing time on the national stage, at least on C-Span.  Usually they’re barely watchable. Occasionally they’re terrific.  Either way, it’s entertaining to see someone other than the overexposed top-of-the-ticket politicians.
Real People Speakers.  They can’t speak off a teleprompter in a natural way.  They step on every applause line.  They sweat through their brand new clothes.  But after listening to 500 consecutive speeches by over-programmed elected officials, reality TV is a real treat, and it reminds us that policies impact real people, not just politicians.
The Unexpected.  Very little about conventions is unexpected.  They are heavily scripted and choreographed.  That’s why it is so delicious when brief moments of spontaneity creep in.  For instance, sometimes an old man starts talking non-sense to a chair in prime time.  How cool is that?  Or sometimes the crowd applauds at an unexpected spot for unexpected reasons, such as when the crowd went wild over Obama pointing out that he is the President.  Let’s face it, we all secretly watch NASCAR hoping for crashes, and attend weddings secretly hoping the flower girl picks her nose to liven up the starchy ceremony.  Similarly, I watch political conventions hoping for the handlers’ orchestration to fall apart.
Delegates.  Conventions make for great people watching.  When TV cameras pan the delegates, I’m always struck by the fact that:  1) We’re a wonderfully diverse nation; 2) These delegates truly are the unwashed masses, and not just the privileged elites; 3)  Whether you agree or disagree with them, these folks really care about their country.   The delegates and their actions are not always beautiful, but if you worry whether Americans still give a damn about their democracy, political conventions offer a beautiful answer.

Thursday, 6 September 2012

IS KHALWALE TAKING IT PERSONAL AGAINST KIMUNYA??

Parliament is set to censure Transport minister Amos Kimunya as members embark on the debate of the Public Accounts Committee (PAC) report on the money printing scam.
Also tied to him on the hip in this latest Sh1.8 billion De La Rue money printing payment query, just like was the case with the controversial sale of Grand Regency Hotel to the Libyan government is Central Bank of Kenya Governor Njuguna Ndung’u.
The report to be moved by PAC chairman and Ikolomani MP Bonny Khalwale recommends Kimunya be surcharged for transactions, the House teams say Kenyans lost the money.
Debate on the report was put back to allow Parliament to conclude six Bills meant for the implementation of the Constitution that had a deadline of last Friday.
deputy Speaker Farah Maalim ruled that debate on the report be the only business in the House this afternoon after Khalwale stood on a point of order to complain it had been relegated to the last business on the order paper.
Khalwale, who stood after question time, pleaded with the Deputy Speaker to use his powers under standing orders number 36 and redirect that the PAC report be brought forward as a matter of urgency.

Tender
Khalwale tabled a letter from the Treasury PS Joseph Kinyua expressing concern in the delay in concluding the matter, saying it was affecting the printing of new currency yet the ones in the market were dirty and mutilated.
Khalwale further said the practice in the Commonwealth and traditions of the House were that such a report needed to be disposed off urgently.
He noted the particular report was as a result of a directive by the Speaker.  MPs John Mbadi, Julius Kones, Adan Keynan, Charles Kilonzo and Martha Karua supported him.
Finance Minister Njeru Githae was the only one in opposition but was overruled. The current report follows another debacle that caused public outrage after Kimunya, who was appointed to the Transport docket after spending time in the cold could hardly wait before he made highly tribalised appointments at the Kenya Ports Authority’s board.
The appointments were said to favour members of his Mt Kenya community in total disregard of the ethnic balance in appointments to high offices. Kimunya is also on the spot over a Sh56 billion tender for the expansion of Jomo Kenyatta International Airport (JKIA) that saw Kenya Airport Authority (KAA) managing director Stephen Gichuki suspended by the board to make way for investigation.

Three Parliamentary committees are currently probing the scandal following a directive by the Speaker and are due to also table their report next week. According to the PAC report, Kimunya misled the committee that President Kibaki had told him to tell CBK not to launch new generation bank notes in an election year.
But acting former CBK Governor Jacinta Mwatela, who met Kibaki on January 11, 2007, is said to have raised the issue with the Head of State.
“The President, however, denied having ever told Kimunya to tell CBK not to launch new generation currency in an election year.
In his wording, the President said “hapana sikusema” (no, I did not authorise that), adds the report.

Termination
A fortnight ago, Kimunya rejected a move to have the report tabled for debate in the House when he chaired a meeting of the powerful House Business Committee, arguing he needed time to consult with the Cabinet and the Speaker.
However, this was against National Assembly Clerk Patrick Gichohi who had advised such a report needed to be dispensed by the House expeditiously in accordance with Parliamentary practice and tradition.
Kimunya, who is no stranger to controversies in his Cabinet portfolio, starting off with his 2003 declaration as Lands minister that title deeds were mere pieces of paper, is on a spot over claims he facilitated suspect money printing deals through which the taxpayer lost Sh1.8 billion.
PAC has recommended the Ethics and Anti-Corruption Commission investigate Kimunya and Ndung’u over the cancellation in 2006 of a cheaper long-term contract in favour of expensive single-sourced multiple interim orders to print Kenyan currency. PAC has further recommended their removal from office saying they are “not fit to hold public office” following their conduct in the deal.
PAC has also called for the termination of the appointment of Ndung’u and a tribunal set up by the President to investigate his conduct over the deal for the supply of 1.71 billion pieces of banknotes.