African Press International (API)

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Archive for December 3rd, 2008

The intent to air the Michelle Obama tape before the Electoral College meets on the 15th December to take a decision on Mr Obama’s eligibility to the Presidency may be hindered by CIA Operatives’ intervention in Oslo.

Posted by African Press International on December 3, 2008

On the 15th of October, API broke the news on the now heavily discussed Michelle Obama tape. The discussion has become controversial in that it has divided the people who have paid great attention to the whole situation. It has reached a point where there are believers and non-believers of the existence of the tape and the Imam-Obama document.

We have not had reason to believe that the tape is going to change the political-sphere in America totally, and yet we are of no doubt that its release andcontents will cause a political storm due to different groupings having strong vested interests.

Many readers have tried the best they could to direct API to release the tape because they believe it will impact on something. We have those who do not wish for the tape to be released because they want the political situation to settle down and make history with Mr Barack Obama as the first black man to rule America.

API’s stand in all this is to do the right thing for America and the American people. These divisions dictated by self-interestsmakes it less easy for API to have a clear road map. However, API has a duty to fulfill what the people have been promised for the last 48 days.

Facts are facts and sometimes it is painful to deal with situations so factually dictated as this one of the Michelle Obama tape. The situation cannot be buried underground especially after the Imam’s document on Obama was brought to light.

Obama was elected the US president on the 4th of November this year and is yet to be sworn in if the Electoral College chooses to ignore the facts so strong, that if not dealt with properly, may cause the nation to land into a constitutional crisis or accept to be led by a Naturalized US Citizen, if Obama continues to refuse to see the need to come out in the openand admit that things are not as it seems to be in favour of him taking over a constitutionally protected seat in the country, unless he produces the much needed document, and in that case his move in that direction would render the Imam document on him to be null and void.

Ours has been to bring the facts to the American people, but we have discovered that some readers are of the opinion that it is API’s duty to be in the forefront in producing facts that may bring to light who their president-elect is as concerns citizenship and where he was born.

Many have tried to bulldoze API to move quickly in contacting the Electoral College and even proposing that API should make a submission to the Supreme Court in the matter. API has no interest in US internal affairs but we can only lend an hand by releasing the information in our possession.

The US government has shown keen interest in all this but has chosen to operate behind the scenesin consultation with API in an effort to reach an agreement on how best to get the information out without causing discomfort to many people, and creating a situation that will explode and may lead to uncontrolled civil disobedience.

Many have not understood the pressure API has had to go through in over 45 days since the story broke out. The warnings by CIA operatives has not made things easier and so has their refusal to accept the copy of the tape and the Imam’s document-copy, only demanding to have the originals putting API into a re-thinkingposition in the whole thing.The CIA operatives have been given the final offer to listen to the original tape, but with the presence of API’s Chief editor and API’s Canadian Lawyer, but that has not been welcomed, instead the demand to have the original and to listen to it alone has been given the highest priority, a choice that API has refused.

API has been warned several times that going ahead to pursue the release of the tape and the handing over of Imam’s Obama document may cause the authorities to react in a way unpleasant to all involved. API sympathisers have impressed upon API to drop the whole thing and down the tools if API wants have its peace intact.

A solution has to be reached and action taken before the Electoral College takes their final decision.

To be able to do this, API has been invited to Canada for an urgent meeting with the Canadian Lawyer and two MBO representatives (US and Canadian).

According to agreements, Mr Phil Berg will represent the Chief Editor’s personal interest should legal matters arise, while the Canadian Lawyer, assisted – will handle all matters that may arise from the tape and Imam’s Obama document.

During the meeting in Canada apress release will be issued on plans ready to be effected by bringing a case to the Court against Fox News whereby API is demanding damages from the Network for the breach of agreement to Air the tape before and by the 4th of November.

Chief Editor Korir

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The Kenyan Electoral Commission of Kenya to be bought out of their offices due to their ability to be partial

Posted by African Press International on December 3, 2008

Treasury seeks Sh400m to send Kivuitu

team home

The fate of the Electoral Commission of Kenya (ECK) appeared sealed this week as two crucial meetings were held to work out legal and financial modalities to disband it.

The Treasury, The Standard has established, is seeking Sh400 million to send ECKs 2,000 members of staff home. Justice and Constitutional Affairs Minister Martha Karua met the Parliamentary Committee on Administration of Justice and Legal Affairs on Monday and it was agreed that the draft Bill on the Kriegler

Commission recommendations be split into two and re-drafted.

Treasury officials met to work out the gratuity of ECK commissioners and the staff at the secretariat. This is despite ECK securing temporary reprieve through a court order stopping Parliament from legislating it out of existence.

Furthermore, the Interim Independent Electoral Commission Bill (IIEC) and the Interim Independent Boundary Review Bill (IIBR) are being fine-tuned by the Justice minister, who said they could be tabled in Parliament “in a matter of days”.

Both commissions, sources say, would have a lifespan of 15 months to allow transition for another electoral outfit to be set up.

During the crucial meeting on Monday, MPs agreed that the IIEC would have a maximum of five commissioners, including the chairman, while the IIBR would comprise nine members.

Full Compensation

Insiders said the MPs rejected proposals by the Government that the commissioners get full compensation once the ECK is disbanded.

“The proposal was rejected because the commissioners woes are of their own making. ECK is being folded up under special circumstances so the commissioners should not be given full compensation. It was unanimously agreed that they get 50 per cent,” said a source privy to the deliberations.

The commissioners would have been entitled to 31 per cent of their total earnings in gratuity had they completed their full term.

Alternatively, they would have been eligible for full compensation if the Government prematurely terminated their contracts.

Ms Karua, however, declined to disclose the contents of the Bills, but said it would only be a matter of days before they are taken to Parliament.

“We are working on the Bills. I can confirm to you that I shall table them before Parliament in a matter of days. That is all I can tell you for now,” the minister told The Standard on the telephone.

Top Government officials at the Finance ministry were said to be consulting over the exit plan for the 21 commissioners and other staff to avoid a court battle over benefits.

The source said Treasury PS Joseph Kinyua had been directed to handle the ECK commissioners matter expeditiously.

“The matter involving retirement benefits of commissioners is being discussed by top level officials from the Pensions Department and other ministry officials,” an official at Treasury said.

Staying Put

But even as the Government worked to replace them, the commissioners continued to dig in, vowing to fight on.

ECK Vice-Chairman Kihara Muttu said they would continue to seek justice in court.

He brushed off plans to remove them from office, saying the commission was focusing on the court suit ahead.

“We are only reading this in the Press. We have not seen that draft or Bill. What we know is that there is a case in court to decide the issue because it is a constitutional matter,” said Mr Muttu.

The commissioners, through their lawyer Kibe Mungai, moved to court to block Parliament from legislating laws that could jeopardise their positions.

Justice Joseph Nyamu issued temporary orders restraining Parliament from discussing legislation that could disband ECK.

The move sets the Judiciary on a collision course with the Legislature and the Executive.

Constitutional Battle

Mr Mungai told the Government to brace itself for a constitutional battle if it did not follow the Constitution as stipulated.

“You cannot just throw away people like that. The commissioners are yet to be told what they have done to warrant their removal. The Government knows exactly what should be done. I anticipate a big battle if this matter is handled casually like we are seeing,” Mungai said.

All the commissioners most of who have four years to go before the expiry of their terms will each be paid their monthly salaries, excluding house allowances, for the remaining period of their terms.

ECK commissioners are among the best paid civil servants with perks that would be a source of envy to impoverished Kenyans.

Each commissioner earns about Sh400,000 in salary and allowances, while ECK Chairman Samuel Kivuitu earns Sh513,000 in salary and allowances. The pay is tax-free. Further, the commissioners are entitled to a security officer, driver, cook and a house allowance of up to Sh50,000.

The chairmans house is also under armed guard paid for by the State. To crown it all, the commissioners are also entitled to night allowances of Sh9,000 whenever they are on duty outside their station.

Set To Go

Some 71 district coordinators and other top officials at the ECK, who earn Sh86,000 a month each exclusive of house and other allowances, are also set to be kicked out.

Imenti Central MP Gitobu Imanyara said: “All constitutional office holders cannot have their terms revised when they are in office. It is for that reason that the Government will have to find money to pay off the commissioners.”

Mr Imanyara said Kenyans had paid a heavier price due to the commissions negligence and their benefits should not be a reason to keep the ECK.

Wildlife and Forestry Minister Noah Wekesa said the Government should pay the commissioners as stipulated in the Constitution.

“They have been dedicated Kenyans. They should go home honourably. They may have slipped, but let us not forget that we also cheered them on when they succeeded previously,” Dr Wekesa said.

Democratic Party Chairman Joseph Munyao said there should be no dispute over gratuity for the commissioners once a constitutional framework to kick them out was ready.

Lawyer Paul Muite and Gwasi MP John Mbadi said the Treasury should pay the commissioners only 50 per cent of their dues for the remaining four years.

Mr Muite and Mr Mbadi said the balance should be used to fund salaries for the commissioners to be appointed to the IIEC.

The fate of the benefits of other staff remained unclear, but it remains to be seen if they would be kicked out together with their senior colleagues or be absorbed in the new outfit.

————

API/Source.standard.ke

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Kabuga story revived – He is the most wanted man by the International Criminal Tribunal for Rwanda

Posted by African Press International on December 3, 2008

Rwanda trial arm-twisting Kenya,

claims Kabuga wife

By Judy Ogutu

The wife of Rwanda fugitive Felicien Kabuga now claims the International Criminal Tribunal for Rwanda (ICTR) is blackmailing Kenya.

An advocate appearing for Mrs Josephine Mukazitoni, Mr Kennedy Ogeto, said: “The court should not be party to this arm-twisting. The court is not an investigative arm of the ICTR.”

He made the claims when he made submissions to support an application by Mukazitoni to challenge orders freezing any dealings in Kabugas property.

Last May, the Attorney-General went to court, through the Director of Public Prosecution Keriako Tobiko and obtained orders freezing dealings in the Spanish Villas.

Mukazitoni wants Justice Muga Apondi to set aside or vary the orders restraining Kabuga , Kenya Trust Company and herself from selling, disposing of, damaging or wasting the property.

Mukazitoni, who lives in Belgium, says she was the owner of the villas. Ogeto said ICTR statutes, which the AG relied on to obtain the orders, had not been enacted in Kenya.

API/source.standard,ke

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