African Press International (API)

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Archive for November 16th, 2008

Letter from an Obama Supporter to API

Posted by African Press International on November 16, 2008

Original Message —–

From: Badge Hoofman
To:AfricanPress International
Sent: Sunday, November 16, 2008 8:53 AM
Subject: Good morning, API

GOOD MORNING, API!

It’s almost 9:00am over there

in “Norway.” So you’d better

get your derrire out of bed

and shuffle over to the

computer.

We’re waiting for you. Waiting

for you to scribble out a post.

Or maybe your “counsel” has

one prepared for you.

Your “people” are waiting,

API.


If you don’t let them post,

they won’t stay. They are

already finding happy homes

on other blogs. And there

interests are turning away

from you API. Their

talking about things that

matter, API. Not your

foolish, fraudulent scam,

API.


So you better think of

something quick.
You better explain why you

have scrubbed your site clean,

deleting all the articles —

save a couple — dealing with

the “TAPES.” What happened

to the posts about the Imam,

API? (Are you so woefully

ignorant, that you aren’t

aware of the Internet

Archives?)

I know you are still reading

API. Because you can’t

NOT read this.
So what are you going to tell

them? Maybe that the Imam

ate the document along with

the tapes — and then you ate

the Imam? Is that what you

are going to tell them?

Or are you going to tell them,

“Please be patient as I am

entering a most important

meeting with counsel to

prepare a preliminary

announcement.”

I think the “API Night

Montitor” pretty much

destroyed that avenue with his

endless mockery of your

“Notice of Announcement ”

post, didn’t he??


They were laughing at you,

API — they were all

laughing at you. And then

they realized they were also

laughing at themselves. And

they kept laughing. Because

the Joke that is API is fully

exposed.

Peace be upon you, my

API.
Badge (Barack Obama

Supporter)

—– Original Message —–

From: Badger Hoofman
Sent: Sunday, November 16, 2008 8:56 AM
Subject: Don’t forget!!!

Tell Dianna, Hope and Stacy:

“The Monkey is in the

Rowboat.”

You don’t even have to tell them I said it.

Just ask them what it means, they’ll know!

Pleasies?

Badge

—————

This are some among the emails received by API from those campaining against API with intent to stop the truth from coming out.

They are also happy if we refuse readers to post because they are afraid of the growing API.

Our good Readers should read and understand what is going on now, and should know that we are here to stay with you.

API Sunday Editorial staff

Advertisements

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Judges can be counted on to rule in favor of anything that protects and empowers lawyers.

Posted by African Press International on November 16, 2008

Posted by Catherine Mills

By Adam Liptak
The New York Times
Sept. 2007
Dennis G. Jacobs, the chief judge of the federal appeals court in New York, is a candid man, and in a speech last year he admitted that he and his colleagues had ”a serious and secret bias.”

Perhaps unthinkingly but quite consistently, he said,
judges can be counted on to rule in favor of anything that protects and empowers lawyers.

Once you start thinking about it, the examples are everywhere.
The lawyer-client privilege is more closely guarded than any other.
It is easier to sue for medical malpractice than for legal malpractice.
People who try to make a living helping people fill out straightforward forms are punished for the unauthorized practice of law.
But Judge Jacobs’s main point is a deeper one. Judges favor complexity and legalism over efficient solutions, and they have no appreciation for what economists call transaction costs.
They are aided in this by lawyers who bill by the hour and like nothing more than tasks that take a lot of time and cost their clients a lot of money.
And there is, of course, the pleasure of power, particularly in cases involving the great issues of the day.
”Judges love these kinds of cases,” said Judge Jacobs, whose speech was published in The Fordham Law Review in May.
”Public interest cases afford a judge more sway over public policy, enhance the judicial role, make judges more conspicuous and keep the law clerks happy.”
There are costs here, too, he said, including ”the displacement of legislative and executive power” and ”the subordination of other disciplines and professions.”
Yet, at the conclusion of a big public-policy case, the bar and bench rejoice.
”We smugly congratulate ourselves,” Judge Jacobs said, ”on expanding what we are pleased to call the rule of law.”
Benjamin H. Barton, a law professor at the University of Tennessee, examined some of the same issues in an article to be published next year in The Alabama Law Review titled ”Do Judges Systematically Favor the Interests of the Legal Profession?”
That question mark notwithstanding, there is little doubt about where Professor Barton comes out.
He noted, for instance, that the legal profession is the only one that is completely self-regulated.
”As a general rule,” Professor Barton wrote, ”foxes make poor custodians of henhouses.”
Professor Barton explored a long list of examples, including the aftermath of the Supreme Court’s 1966 decision in Miranda v. Arizona.
Miranda, as everyone with a television set knows, protected the right to remain silent and the right to a lawyer.
Over the years, though, courts have approved all sorts of police strategies that have eroded the right to remain silent.
At the same time, Professor Barton wrote, the courts ”chose to retain quite robust protections for accused who clearly expressed a desire for a lawyer.”
”The advantages to the legal profession are clear,” he added.
”Whatever else an accused should know, she should know to request a lawyer first and foremost.”
And the cases keep coming.
This month, a New Jersey appeals court basically immunized lawyers from malicious prosecution suits in civil cases.
Even lawyers who know their clients are pushing baseless claims solely to harass the other side are in the clear, the court said, unless the lawyers themselves have an improper motive.
Lester Brickman, who teaches legal ethics at Cardozo Law School, said the decision was just one instance of a broad phenomenon.
”The New Jersey courts have determined to protect the legal profession in a way that no other professions enjoy,” Professor Brickman said.
”It’s regulation by lawyers for lawyers.”
Other professions look for elegant solutions.
It is the rare engineer, software designer or plumber who chooses an elaborate fix when a simple one will do.
The legal system, by contrast, insists on years of discovery, motion practice, hearings, trials and appeals that culminate in obscure rulings providing no guidance to the next litigant.
Last month, Judge Jacobs put his views into practice, dissenting from a decision in a tangled lawsuit about something a college newspaper published in 1997.
The judges in the majority said important First Amendment principles were at stake, though they acknowledged that the case involved, at most, trivial sums of money.
Judge Jacobs’s dissent started with an unusual and not especially collegial disclaimer.
He said he would not engage the arguments in the majority decision because ”I have not read it.”
He was, he said, incredulous that ”after years of litigation over $2, the majority will impose on a busy judge to conduct a trial on this silly thing, and require a panel of jurors to set aside their more important duties of family and business in order to decide it.”
Writing with the kind of verve and sense of proportion entirely absent in most legal work, Judge Jacobs concluded that ”this is not a case that should occupy the mind of a person who has anything consequential to do.”
———–
API/source.newyorktimes/familycourt

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API Chief Editor Korir to jet in Canada and join MBOs during the launch of the original Michelle Obama tape

Posted by African Press International on November 16, 2008

video
Michelle Obama reportedly blew her top, on the telephone with the African Press International, for running a story about Michelle Obama reportedly blew her top, on the telephone with the African Press International, for running a story about the Berg Vs Obama law suit, and Obama’s adoption by Lolo Soetoro, which caused him to become a citizen of Indonesia. She called all those not supporting her husband, racists.
The above is a reminder of what is in the pipeline ready for the public to listen to and make their own judgement.
korir-api-chief-editor<By Korir, Chief Editor, API

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Raila Odinga from the Luo community in Kenya differs with the Kalenjins (Former presdent Moi’s tribe)

Posted by African Press International on November 16, 2008

Railas fresh troubles as party chief and PM

By Oscar Obonyo

Prime Minister Raila Odingas homecoming in Langata is six days away, but behind the scenes there is brewing discontent.

The red flag went up on Saturday when his ally, Agriculture Minister William Ruto, told a public meeting if Kalenjins, one of Railas key planks in the last General Election, walked out on retired President Moi, they would have no problem abandoning Raila if he does not change tack. Raila, who narrowly missed the presidency, believes his victory was stolen. But he points out he held back his claim to State House to save the country. In return he became PM and half the Cabinet to pass around his team.

But that is as far as this chapter that changed the course of Kenyas goes. In Railas words, it was akin to sharing meat from your stolen cow with the one who raided your kraal.

Raila juggles so many balls at the same time without letting one fall. If it does, it could leave him exposed, both in Government and his election vehicle Orange Democratic Movement.

Raila faces probably one of the toughest challenges of his political career, except probably for the torturous years he spent in detention in 1980s.

Raila is juggling his national duties as PM and leader of the giant ODM political party, without losing focus of the core challenges of the delicate Grand Coalition Government.

At the same time, the PM also has a foot outside the Kenyan borders where he is increasingly projecting himself as a Pan-Africanist as well as the voice of the new African leadership. But even as he puts in a word for Zimbabwes Prime minister-designate, Morgan Tsvangirai, over the political stalemate in that country, questions abound at home about his position in the ruling coalition.

His main headache is in ODM. He has clashed with members of the Kipsigis community over the conservation of the Mau Forest and the planned evictions of those living in the region, among other concerns.

But it is the PMs handling of the Justice Phillip Waki Report on post-election violence that is undermining the unity of the party.

A cross-section of ODM MPs admit Raila the party leader is under siege and they fear their party could be falling apart.

The latest row saw the PM clash with some of his allies, including Cabinet ministers William Ruto (Agriculture), Charity Ngilu (Water), William ole Ntimama (National Heritage) and Fred Gumo (Regional Development). The ministers opposed implementation of the Waki Report.

“Things have been so polarised and the tension so high that if a Motion of no-confidence against the PM came up in Parliament, I am sure a number of us in ODM would have been tempted to support it,” concedes Konoin MP Julius Kones.

Raila, in what appears to be a fight-back move and appreciation of his new circumstance last week said in a radio interview he would quit the premiership if the report victimises to his ministers, MPs and supporters.

This state of affairs reinforces last weeks events in which two FM radio stations broadcasting in Dholuo and Kalenjin languages fielded questions from listeners. Most callers expressed frustrations with the party leadership.

Setting up the PM

“We are beginning to feel the PM is increasingly being left with a can of worms in his armpits. Somebody is setting up the PM by making him look dirty,” says Immigration Minister Otieno Kajwang.

Terming unfair scheme, the Mbita MP said Kibaki is President and Head of Government, while the PM has been left to clear the chaff by playing the public relations exercise. “We are suffering in two ways. We are shouldering the burden of heading the Government, which practically we are not, while at the same time taking flak for all its wrong-doings,” Kajwang added.

“Sometimes we ask ourselves, why do we shoulder this burden when our man is not Head of Government? Because Jakom (Chairman, as Raila is commonly referred to by his supporters), is not Head of Government, he should stop shouldering Kibakis burden and taking abuses and dirt on behalf of the President,” said Assistant minister.

It does not help matters the Office of PM appears not to be as powerful as was defined in the National Reconciliation Accord.

The party feels the Head of Civil Service Francis Muthaura, who carries out parallel supervisory and co-ordination duties in Government, as the PM office appears to be ceremonial.

Last month, Lands Minister James Orengo, claimed the Head of Civil Service was creating another centre of power, contrary to the National Reconciliation Accord and Reconciliation Act 2008.

“I am saying this without fear of contradiction. The PM should be in charge of running affairs of Government. Muthauras office is creating another centre of power, which is not in the Constitution,” said Orengo.

The minister turned attention to grumbling in the party that it got a raw deal in the accord and that Kibaki was not committed to a 50-50 power-sharing deal with ODM.

Of particular concern are appointments to Government positions. Apart from the ministerial seats and a few Permanent Secretary slots, the ODM leadership has not influenced postings within Government. This reality has reportedly caused discontent among key party supporters.

Portfolio balance in diplomatic postings is raising temperatures in the Grand Coalition Government. The Premiers office has written to Muthaura, pointing out that ODM is yet to get its share of diplomatic appointments.

In a letter dated October 3 and copied to PS Foreign Affairs Thuita Mwangi, the PM wants the political appointments shared on a 50:50 basis between the two coalition partners PNU and ODM as enshrined in the National Reconciliation Accord.

And owing to the growing disenchantment, a number of Rift Valley MPs are working with other political players. Last month, a group of 19 ODM MPs had an hour-long private meeting with the President at State House, Nakuru.

Those in attendance have generally hinted that the meeting focused on “political and development issues” but the mere fact that they are not willing to say much is telling. Other similar meetings are reportedly planned.

Listens to councillors

The situation in Rift Valley is particularly bad because of Railas perceived row with MPs. Some of the legislators accuse the PM of attempting to undermine them “by ignoring us and listening to councillors instead”.

But it is the Mau Forest question that is emotive: “Much as the PM wants to address environmental issues in Mau, why does he allow himself to be misused by the Government to fight us? We are his people and he should never fight his own. We do not mind Kibaki doing that,” says Cherangany MP, Joshua Kutuny.

Kajwang concurs: “Our man inherited a PNU problem from (Amos) Kimunya (former Lands Minister) and President Kibaki, who kicked off the Mau evictions in 2004. We should just offload this burden to them.”

Separately, on the Waki Report, Mr Kutuny slams the ODM leadership: “Much as something needs to be done, the party leadership handled this matter rather insensitively, by asking some of us to carry our own crosses,” he said.

Kutuny further says Railas major undoing is distancing himself from party affairs and instead focusing on the bigger picture in Government and the international community. “We get this feeling he has forgotten his flock and is now more focused on the West. I just do not understand how this counts more than local support?” poses Dr Kones.

Despite the tell tale signs, Fisheries Minister Paul Otuoma maintains that all is well: “ODM and the PM, in particular, is democratic. What we are witnessing is healthy for the party.”

“As long as we are not tearing into each other publicly and I hope it does not get there then there is no cause for alarm,” he adds.

“These are the challenges of our time from the new crop of young MPs. Kenyans must be prepared for it because it is going to be the trend. This kind of openness among youthful politicians is happening everywhere, including PNU and ODM-Kenya. We are definitely not an exception,” says Dr Otuoma.

Raila is also the Langata MP, and the homecoming will be a time to thank voters for electing him as their legislator for the fourth time for another five-year term.

Personal differences

But Kajwang sees in the ongoing standoff the proverbial game of musical chairs: “It is either the calls of amnesty to our youths. Stopping Mau Forest evictions. We were short-changed over Cabinet slots. We demand the deputy party leaders position, or throw out Waki Report all which are interchangeably thrown at the PM to intimidate him.”

The minister observes that although some of the claims by the Rift Valley MPs are genuine, the real problem gravitates around Rutos regional power game.

“There are no personal differences between Raila and Ruto. I am aware they meet and talk often. The reason for the emerging rift between the two is that Ruto wants to challenge Raila for political power in 2012,” says Kajwang.

“He is gathering his troops for that political fight. There is absolutely nothing wrong with being ambitious, but the only problem is the manner our friend is doing it. It is wrecking the party and gravely hurting our collective chance in 2012,” says an Assistant Minister.

Kutuny, however, argues Ruto is prepared for a clean competition: “We have decided we shall not move out and get boxed in a tribal or regional party. We have met and discussed all these and our position is we are prepared to fight from within and eclipse those on our way.”

—————–

API/Source.standard.ke

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Interfering in Kenya affairs even before Obama takes over the US presidency: Why is the US ambassador demanding changes in the Kenya police force

Posted by African Press International on November 16, 2008

Ambassador becomes a bully. What gives him the right? Canthe Kenyan ambassador to Washington demand changes in the US Police? Or is Obama’s extended rule starting even before he has been inagurated, that is if it will happen? The Electoral College may decide to change their mind and refuse Obama.

US ambassador calls for reforms in the police force.

Written By:Daniel Waitere

ranneberger
Caption: US ambassador to Kenya Michael Ranneberger.

US ambassador Michael Ranneberger has called for sweeping reforms in the police force as recommended in the Waki report.

The ambassador says, the police force which was heavily criticized over its handling of the post election violence should review its tactics and create a modern code of conduct to stem cases of police brutality and abuse of human rights.

The police force was heavily indicted for it’s handling of the post election violence as cases of excessive force, extra judicial killings and rape of innocent civilians was leveled against the security agents.

The Waki commission probing into the violence recommended reforms in the police force aimed at injecting professionalism and respect for human rights as they undertake their duties and now the US ambassador to Kenya Michael Ranneberger has joined in demanding that the government initiates the major reforms.

The ambassador said the reforms are long overdue but thanked internal security minister George Saitoti for forming the police oversight board to address cases of police harassment adding that those found guilty must be punished.

He said the US is ready to support the reform process to assist the Kenyan security forces to improve their capacity to fight crime.

Ranneberger made the remarks while presiding over the 4th graduation ceremony for the Kenya institute of studies for criminal justice.

The US was among 25 diplomatic missions in the country which yesterday urged politicians to implement recommendations of the Waki report to end impunity.

——————-

api/SOURCE.kbc.ke

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