Can’t get any better than this...
By Ohaga Ohaga
I have never been a party animal. Meaning I hardly go out raving or roving. Clubbing or attending get- together parties or parties of whatever nature- whether day or night, funeral gathering or wedding ceremony.
It is one of my many unwritten ground rules.
Stay at home, watch movies, read a book, write an article or scribe a poem is what I enjoy doing particularly on a chilly Saturday evening.
This Saturday however, was different. After staying indoors for the better part of the day, mainly scribing poems with little music in the background and few interruptions from a noisy lady neighbor, I received a call from Jaybee.
JB is one dude who never calls. So when he did I thought this was either serious or interesting.
Before I move on, I bet you would like to know why I don’t like partying- anyone within my age bracket would love clubbing with half -dressed younglings with beer in one hand and cigar on the other.
Well, let’s just say I don’t like anything that interrupts my sleeping pattern because I have a serious chronic insomnia. And since I hadn’t slept for the last three nights, I had figured I would catch some this Saturday.
Well, until that maiden call from Jaybee. Like I had said this lad seldom phones but here he is.
Kijana where you? Where else could I be? I asked myself before replying- in Kibera. Of course you are in Kibera he said, where exactly he asked.
It is nine at night where could I be besides the house, I pondered again before replying- in the house.
In the house where? To avoid many questions I told him Ayany. That’s where I live. Well, do you know a club called Pentagon in Gatwikira? He asked just when I thought he was done. Yes I do. Okay we are heading there, want to come?
Like I had previously mentioned, I hardly go out, particularly at night for the now obvious reasons.
Nevertheless, after some soul searching, I decided to go. After all rules are made to be broken.
Hold on a second. Have I told you who JB is? No I haven’t. Good. JB is one hell of guy.
A character of characters. Besides being my brother, he is a fine cheat and refined liar, a player by all descriptions and a ladies’ man. (Never seen him with the same woman twice) lastly, he is one of the deserving Kenyan celebrities you haven’t heard about.
He produces three great interactive programs at Kenya Broadcasting Corporation- (KBC) with the name Grapevine, Divas, and Unfinished.
So the moment he told me he was coming to Kibera, I probably thought he was coming to shoot one of the shows.
At nine thirty, I was off the house to the club. One the way, I met several drunk young men and women staggering their way through the muddy, filthy trenches of the slum.
Being at night with no proper lighting in the area, I found myself lost and sekeed direction from one resident.
He gave me clear instructions and moments later, I was at the Pentagon pub.
I almost passed it. Weren’t for the small banner “Dr. Osito Kale performing live”, I probably could have walked straight past it.
The building hosting the club or should I say the ramshackle in which the pub is hosted is one thing that needs extreme make over – and I mean extremely extreme.
Everything here needs to be redone and should have been done yesterday.
The pub is located deep in the heart of sprawling highly sewer trenched Gatwikira slums.
In front of the pub, are these culverts uselessly put in the trenches to control the sewer line.
The door to the pub is an old wooden, with old paints signaling the years it has survived.
The roof from outside just like inside is hanging loosely threatening to fall anytime, with old, discolored and mismatched iron sheets held together with rust and stones precariously placed on it.
An odor hits me so hard, almost choking as I move close to the main entrance. I pause for a second and then ask a 5.6’’ black bald shaved guy standing stone face at the door.
Is the KBC crew inside? He looks at me with contempt shrugging his shoulders before answering no.
Good enough I say and then retreat as I withdraw my big black phone and call the lad.
How come they ain't here? I ponder, waiting for the call to go through. The last time I checked, he had confirmed his presence in the place.
Perhaps they are but not recording; I reckon as the phone gets through. He picks it up and seconds later emerge from the club already sweating.
He must have been dancing hard. He pays the gate fee and we proceed in wards.
The place like I had thought is already crowded, with middle aged men sipping their misery away.
I do a quick scan and notice several young men and women shaking their booties. Also in the dance floor are familiar faces, Odongo a.k.a Chairman and Erico.
The two are close friends and former and current classmates to JB.
Odongo works for the government while Erico writes/edits for The People Daily. I think all of them are now classing at University Of Nairobi.
After exchanging pleasantries JB cues me to hijab and buibui dressed, slim chocolate complexioned pretty lady.
She is sitting comfortably in one of the few skeleton wooden made sofas.
I don’t think I have met her so I move on to say hello. She had a Somali accent she must be one.
Her name is Mohammed- (I am not so sure of the name) - but then again you can’t blame me, the place was so noisy.
She tells me JB has dragged her to the place. Dragged her or drugged her, I am not sure. Again, the place was noisy. Well, here we are. Let the party begin.
I don’t see any seats anywhere and I don’t want to stand so I decide to shake some leg with the Odongo and Erico.
Few minutes elapses and a get tap on my shoulder. I turn around and my eyes meet Elias Odero. A former classmate and friend.
He lives here in Gatwikira. Hardly speaks Swahili- insists we speak dholuo. Music stops and Elias directs me to a seat and then the party goes one with Osito Kale a reputable Luo artiste with great compositions dropping hit after another.
Everything is so far so good. Apart from the sweat and poorly dressed patrons.
Then things started happening, one tee-shirted, cheap trouser dressed lad who I will call DS for Drunk master gets into a fight with one of his drunk pals and later the fight spills to us. Erico to be exact.
Now the baby faced Erico as I had learnt from their conversation with Odongo had drunk at least seven bottles of beer.
But the guy was still very stable like he had just taken one. You must give it up for this dude. No wonder he wears a baby face.
DS for reasons we did not understand was spooling for a fight. No one knows exactly where the trouble started but all we I know is that for the next thirty minutes adrenalin was running so high with nerves shaken and constantly resisting my big arms from breaking this dude’s jaw.
Confrontation continued with both sides trying to threaten the other as the two throw few misguided punches here and there catching no one.
Eric so angry and gets even angrier when the drunken master tells him to go ahead and hit him. Crowds gather and we are now at the center of attraction. JB, Odongo, Elias, and myself and other patrons trying their best to separate the two- all in futility.
We all get frustrated and decide to let everything be. Moments later the temperature goes down.
Erico leaves for fresh air. While the DS brags how he can do what he can’t do. The hubbub is over.
Its eleven thirty five and Mohammed our lady guest is so shaken. She demands to leave.
We all agree, and start off only for Erico to emerge from his fresh air thing and take his half consumed bottle of beer.
Our “ small post election violence is finally over as Kibaki and Raila now Erico and DS shake hands. The party continues.
All said and done, Pentagon Pub or club- whatever it is deserves thumbs up for bringing Osito Kale to Kibera.
Nonetheless, if the club needs my presence again, it must seriously do some makeup. Starting with the removal of hard benched seats, better lighting and sound, quality service, and improved walls and roof.
To avoid patrons peeing on the walls, some few washrooms will go a long way.
In the meantime, I think I will stick to my music and books at home.
July 24, 2009
Wake up call for the government as sophisticated phone crimes hit the country hard
By Ohaga Ohaga
It’s without a doubt that twelve years after the introduction of mobile telephony in Kenya, so many things have changed.
The long queues witnessed at the phone booths are gone; there is no carrying of coins to deposit while phoning, no reverse calls, and the communication just got friendlier and better.
However, this seems to be the much we can celebrate as sophisticated phone crimes hit the country hard.
For the last few weeks, the country have experienced an extreme upsurge of crime in form of abductions, kidnappings, extortions and intimidations through mobile phones as criminals infiltrate our telecommunications system.
The once ‘must have’ devices are now causing a lot of discomfort in many family setups who have had their relatives abducted and later ransom demanded through untraceable phone lines.
The situation has given security forces sleepless nights as they try to find the genesis of the problem and have now come up with a hypothesis that mobile phones are the reason for the upsurge of crime in the country.
They say that since these devices are easily available and at friendly prices with lines from any of the networks being sold everywhere including highway stalls and from hawkers- the criminals are taking advantage to harass and extort the public.
Unlike Egypt, Switzerland and other counties in the world, Kenya does not control the activation and subsequent use of mobile phones.
This means that anyone can walk into a shop buy a phone and instantly activate and start enjoying services without any further bureaucracy on the identity of the subscriber.
This lack of proper administrative structure in registration of subscriber details by mobile phone companies is what experts are claiming to be one the source of the crime.
This security lapse has therefore given kidnappers, extortionists, murderers, and even terrorists loophole in our telecommunications system.
Nevertheless, the government seems to have heeded to the wakeup call and issued a directive to have all subscribers registered.
Following the many abduction and extortion cases, the president issued a directive to Ministry of Information and Communication to put in place an elaborate data bank that will ensure that every phone number is traceable to its user.
According to the president, the move will regulate increasing sophisticated crimes and series of abductions in the country.
As much as I would like to agree with the directive I am skeptical about the privacy of the data bank that will monitored by the government and would like to be assured that before I register my account, the data bank account will not be misused in any way by the security forces or government agents.
In the past years similar data banks and private information have been misused by the security agents and politicians who hack and access ones email account, besides intercepting, or tapping ones call without observing individual’s privacy rights.
I must also note that the registration alone of subscribers will not reduce crime as criminals can always find another way to do their business.
Just like carjackers steal and consequently use the car to commit a crime, the phone criminals can steal someone’s phone and use for criminal purposes. Besides who said they cannot register with fake or wrong identification?
The fight against the crime is welcome but a long term solution need to be put in place- not for fighting sophisticated crimes alone but also guarding the privacy of subscribers.
It’s without a doubt that twelve years after the introduction of mobile telephony in Kenya, so many things have changed.
The long queues witnessed at the phone booths are gone; there is no carrying of coins to deposit while phoning, no reverse calls, and the communication just got friendlier and better.
However, this seems to be the much we can celebrate as sophisticated phone crimes hit the country hard.
For the last few weeks, the country have experienced an extreme upsurge of crime in form of abductions, kidnappings, extortions and intimidations through mobile phones as criminals infiltrate our telecommunications system.
The once ‘must have’ devices are now causing a lot of discomfort in many family setups who have had their relatives abducted and later ransom demanded through untraceable phone lines.
The situation has given security forces sleepless nights as they try to find the genesis of the problem and have now come up with a hypothesis that mobile phones are the reason for the upsurge of crime in the country.
They say that since these devices are easily available and at friendly prices with lines from any of the networks being sold everywhere including highway stalls and from hawkers- the criminals are taking advantage to harass and extort the public.
Unlike Egypt, Switzerland and other counties in the world, Kenya does not control the activation and subsequent use of mobile phones.
This means that anyone can walk into a shop buy a phone and instantly activate and start enjoying services without any further bureaucracy on the identity of the subscriber.
This lack of proper administrative structure in registration of subscriber details by mobile phone companies is what experts are claiming to be one the source of the crime.
This security lapse has therefore given kidnappers, extortionists, murderers, and even terrorists loophole in our telecommunications system.
Nevertheless, the government seems to have heeded to the wakeup call and issued a directive to have all subscribers registered.
Following the many abduction and extortion cases, the president issued a directive to Ministry of Information and Communication to put in place an elaborate data bank that will ensure that every phone number is traceable to its user.
According to the president, the move will regulate increasing sophisticated crimes and series of abductions in the country.
As much as I would like to agree with the directive I am skeptical about the privacy of the data bank that will monitored by the government and would like to be assured that before I register my account, the data bank account will not be misused in any way by the security forces or government agents.
In the past years similar data banks and private information have been misused by the security agents and politicians who hack and access ones email account, besides intercepting, or tapping ones call without observing individual’s privacy rights.
I must also note that the registration alone of subscribers will not reduce crime as criminals can always find another way to do their business.
Just like carjackers steal and consequently use the car to commit a crime, the phone criminals can steal someone’s phone and use for criminal purposes. Besides who said they cannot register with fake or wrong identification?
The fight against the crime is welcome but a long term solution need to be put in place- not for fighting sophisticated crimes alone but also guarding the privacy of subscribers.
July 17, 2009
The Hague: causing sleepless night for Kenyan politicians
By Ohaga Ohaga
“Human beings hate what they don’t understand and fear what they hate” This anonymous quote best explains the misunderstanding and hatred the Kenyan politicians have against the prosecution of post- election violence perpetrators in The Hague.
Once again, the ICC debate has taken center stage in my subject of interest this week. One might actually think I am enjoying writing so much about this topic that I can’t stop - the truth is, I don’t.
However, it bothers me that irrespective of how hard I try to clear my mind off the subject, it keeps coming back like bad toothache. So for the suspects that have their pants are on fire, learn to cope with it.
Having said that, my interest this time is not about the Hague per se but on the many political analysts and politicians who have over the past few days written, commented and tried to explain to us the implications of Kofi Annan’s move on handing over the envelop to the International Criminal Court (ICC).
To say that they have totally confused us would be an understatement. But then again, it could just be me.
Since Kofi Annan handed over the secret envelope to the ICC, many people have voiced their opinion on what they think of Annan’s move.
What has appalled me most nevertheless, is the rate and speed at which the Kenyan government through its Justice Minister Mutula Kilonzo and Foreign counterpart Moses Wetangula has reacted to the subject.
The two have come out uncharacteristically, breathing fire while trying to explain the consequences of Annan’s move.
Like the two good lawyers they are, they have done what they do best. Defend.
Wetangula is on the record as having said that the suspects of the post election violence will not be facing charges in the Hague anytime soon because, Kenya is sovereign state who still has the capability to efficiently prosecute the suspects and no one in his wildest dreams, can think or even term it as a failed state.
Mutula on the other hand, has used every opportunity to address the media and the nation in general on what he is doing about the Annan’s move and options available, for Kenya- constantly reaffirming that the suspects will not be facing Ocampo on the ICC until all available options are exhausted.
In both cases, I want to be fair and agree with them.
However, one thing that beats me is the extent of denial they have shown towards our inability to transparently prosecute the offenders.
Like I said before, I do agree with both the ministers in their statements.
Why? Because, when you refer to the ICC statutes which we are signatory, a state (in this case Kenya), can only be referred to the ICC, if it has shown the inability or unwillingness to carry out genuine prosecutions.
According to the ICC statutes, the “unwillingness” of the state to carry out genuine investigations and prosecutions may arise in three situations- sham national proceedings, to shield certain individuals; unjustified delay in commencing legal proceedings; and impartial proceedings.
If all these factors were to be taken into account, then we all agree that these possibilities have not been exhausted in Kenya and so by referring the nation to the ICC, is “a violation of its sovereignty”.
But what is sovereignty if we can’t even solve our own differences? Like agreeing on the results of elections?
Forget about sovereignty and let’s move on. Like I was saying, that even though we are “sovereign”, the Kenyan government has shown far too little effort in prosecuting the suspects- which leaves little doubt its willingness to try the suspects.
That is how The Hague remains relevant unlike the two ministers who still feel that The Hague is not the best option.
Allow me to remind you that when Waki commission concluded its inquiry, it recommended that if Kenya failed to establish and prosecute the suspects of the post- election violence within the stipulated period, the suspects in the secret envelope were to be handed over to The Hague.
Pause a second and let’s take stock. Did Waki do the inquiry? Yes. Were there recommendations that if the government failed to prosecute the suspects locally then they will be forwarded to The Hague? Yes.
Have we shown that we lack political will by charging the suspects? Yes. Did Waki give a deadline for persecutions? Yes. Has the deadline expired? Yes. Was the expired deadline further extended by chief mediator Kofi Annan? Yes.
Okay, enough of Yes. What’s my point? In one way or the other if you looked keenly and consciously at the Kenyan situation, you realize that our government hasn’t been keen on ending impunity in the country.
This is evidenced by the two minister’s political rhetoric’s that we have witnessed in the recent past. Their aim is politicize the whole situation so that we get distracted and find other ways and means of further delaying the justice we severely need.
Before I leave, please note that Waki is a lawyer and qualified justice who has a clean track record, he therefore must have looked at the evidence his commission gathered and adduced that the suspects are both liable for prosecution in the Hague or locally.
Those saying that we don’t have enough evidence for prosecution in the ICC are once again, very wrong!
“Human beings hate what they don’t understand and fear what they hate” This anonymous quote best explains the misunderstanding and hatred the Kenyan politicians have against the prosecution of post- election violence perpetrators in The Hague.
Once again, the ICC debate has taken center stage in my subject of interest this week. One might actually think I am enjoying writing so much about this topic that I can’t stop - the truth is, I don’t.
However, it bothers me that irrespective of how hard I try to clear my mind off the subject, it keeps coming back like bad toothache. So for the suspects that have their pants are on fire, learn to cope with it.
Having said that, my interest this time is not about the Hague per se but on the many political analysts and politicians who have over the past few days written, commented and tried to explain to us the implications of Kofi Annan’s move on handing over the envelop to the International Criminal Court (ICC).
To say that they have totally confused us would be an understatement. But then again, it could just be me.
Since Kofi Annan handed over the secret envelope to the ICC, many people have voiced their opinion on what they think of Annan’s move.
What has appalled me most nevertheless, is the rate and speed at which the Kenyan government through its Justice Minister Mutula Kilonzo and Foreign counterpart Moses Wetangula has reacted to the subject.
The two have come out uncharacteristically, breathing fire while trying to explain the consequences of Annan’s move.
Like the two good lawyers they are, they have done what they do best. Defend.
Wetangula is on the record as having said that the suspects of the post election violence will not be facing charges in the Hague anytime soon because, Kenya is sovereign state who still has the capability to efficiently prosecute the suspects and no one in his wildest dreams, can think or even term it as a failed state.
Mutula on the other hand, has used every opportunity to address the media and the nation in general on what he is doing about the Annan’s move and options available, for Kenya- constantly reaffirming that the suspects will not be facing Ocampo on the ICC until all available options are exhausted.
In both cases, I want to be fair and agree with them.
However, one thing that beats me is the extent of denial they have shown towards our inability to transparently prosecute the offenders.
Like I said before, I do agree with both the ministers in their statements.
Why? Because, when you refer to the ICC statutes which we are signatory, a state (in this case Kenya), can only be referred to the ICC, if it has shown the inability or unwillingness to carry out genuine prosecutions.
According to the ICC statutes, the “unwillingness” of the state to carry out genuine investigations and prosecutions may arise in three situations- sham national proceedings, to shield certain individuals; unjustified delay in commencing legal proceedings; and impartial proceedings.
If all these factors were to be taken into account, then we all agree that these possibilities have not been exhausted in Kenya and so by referring the nation to the ICC, is “a violation of its sovereignty”.
But what is sovereignty if we can’t even solve our own differences? Like agreeing on the results of elections?
Forget about sovereignty and let’s move on. Like I was saying, that even though we are “sovereign”, the Kenyan government has shown far too little effort in prosecuting the suspects- which leaves little doubt its willingness to try the suspects.
That is how The Hague remains relevant unlike the two ministers who still feel that The Hague is not the best option.
Allow me to remind you that when Waki commission concluded its inquiry, it recommended that if Kenya failed to establish and prosecute the suspects of the post- election violence within the stipulated period, the suspects in the secret envelope were to be handed over to The Hague.
Pause a second and let’s take stock. Did Waki do the inquiry? Yes. Were there recommendations that if the government failed to prosecute the suspects locally then they will be forwarded to The Hague? Yes.
Have we shown that we lack political will by charging the suspects? Yes. Did Waki give a deadline for persecutions? Yes. Has the deadline expired? Yes. Was the expired deadline further extended by chief mediator Kofi Annan? Yes.
Okay, enough of Yes. What’s my point? In one way or the other if you looked keenly and consciously at the Kenyan situation, you realize that our government hasn’t been keen on ending impunity in the country.
This is evidenced by the two minister’s political rhetoric’s that we have witnessed in the recent past. Their aim is politicize the whole situation so that we get distracted and find other ways and means of further delaying the justice we severely need.
Before I leave, please note that Waki is a lawyer and qualified justice who has a clean track record, he therefore must have looked at the evidence his commission gathered and adduced that the suspects are both liable for prosecution in the Hague or locally.
Those saying that we don’t have enough evidence for prosecution in the ICC are once again, very wrong!
July 13, 2009
Hello World
Welcoming you aboard...
My name is Ohaga Ohaga.
A Kenyan –born writer, and journalist. I however, do many other things apart from writing or journalism.
I wish to say thanks a lot for getting time to read through my creations. Or visiting my blog.
I love arts in most of its form. Music, literature, and paintings are nevertheless, my favorite.
I think matters of love, love and more love, as a common and fundamental basic to human life.
I would appreciate any of your ideas. Whether in form of a comment, complaint, compliment or any other thing in your mind.
My threshold for critics is so high so doing be afraid to leave one as well.
I am widely published and if in doubt, try Bing/Google my name (Paul Ohaga/ Ohaga Ohaga) and see for yourself.
To earn a living, I do so many things some of them not related to mass communication.
About my social status, well, let’s just say, we can discuss that on ohagap@yahoo.com or ohagaohaga@gmail.com.
Need more info, look for me in Facebook or Twitter or log in to www.australia.To/columnists/Paul Ohaga or http://africamedianetwork.ning.com/profile/OhagaOhaga.
My name is Ohaga Ohaga.
A Kenyan –born writer, and journalist. I however, do many other things apart from writing or journalism.
I wish to say thanks a lot for getting time to read through my creations. Or visiting my blog.
I love arts in most of its form. Music, literature, and paintings are nevertheless, my favorite.
I think matters of love, love and more love, as a common and fundamental basic to human life.
I would appreciate any of your ideas. Whether in form of a comment, complaint, compliment or any other thing in your mind.
My threshold for critics is so high so doing be afraid to leave one as well.
I am widely published and if in doubt, try Bing/Google my name (Paul Ohaga/ Ohaga Ohaga) and see for yourself.
To earn a living, I do so many things some of them not related to mass communication.
About my social status, well, let’s just say, we can discuss that on ohagap@yahoo.com or ohagaohaga@gmail.com.
Need more info, look for me in Facebook or Twitter or log in to www.australia.To/columnists/Paul Ohaga or http://africamedianetwork.ning.com/profile/OhagaOhaga.
Kofi Annan and the Secret envelop
Who is Inside?
By Ohaga Ohaga
-
Since post -election violence rocked Kenya in December 2007, the former UN secretary -General Kofi Annan has been in the Kenyan headlines on a daily basis.
Last week was no different. The former UN secretary-general caught many by surprise when he handed over the secret list containing the names of suspects of the post election violence to the International Criminal Court.
After one and half years of dilly- dallying by the Kenyan government in establishing a local tribunal to prosecute the post election suspects, Kofi Annan seem to have run out patience and submitted the list to the international criminal court prosecutor Louis Moreno-Ocampo.
For those that are not familiar with the Kenyan situation, and is wondering what Annan is doing with a secret envelop- well, this is a summary of it all and how Annan comes into the equation.
Kenyan went into general elections in 2007, the election were disputed resulting into ethnic based violence leaving at least 1,300 dead.
Kofi Annan intervened, successfully mediating the difference between Kibakis’s PNU's party and Raila's ODM. Soon after that, recommendations were made.
A commission was established to look into the orchestrators of the violence.
Justice Waki headed the inquiry. Upon completion, Waki listed the names of the suspects in a sealed envelope and gave to Annan for safe custody.
The names were to be submitted to the International Criminal Court if the Kenyan government failed to put a local tribunal to try the suspects.
Now, that we are on the same page, let’s move on. Where was I? Okay, I was telling you that last week on Friday, the chief mediator decided to hand over the list to the ICC catching the government all asleep.
Why did he do that? Well, no one knows but as usual, we all know the Kenyan government was not keen on bringing justice to this nation leave alone establishing a local tribunal.
In a letter addressed to President Kibaki and copied to the Prime minister Raila Odinga, Annan explains elaborately and precisely his reasons for submitting the secret list to the ICC prosecutor Louis Moreno-Ocampo.
I don’t have much space right here- otherwise; I could have pasted the letter for you. Nevertheless, I will move on and with your indulgence hypothetically look at Annan’s move.
For starters, there could be countless reasons why the former UN secretary general handed over the list; however, there are those that seem heavier.
One of them is that the gentleman seems to have sensed a looming danger in being cut -off - the process by the Kenyan government in fulfilling his desire to bring the suspects to book.
This is well explained by the fact that after he had extended the deadline upon which the local tribunal was to be set up in August, the Kenyan government sent a delegation to Geneva to meet with the ICC prosecutor Moreno-Ocampo.
According to sources, Annan was neither briefed nor consulted over the matter and only came to learn through his aides thereafter.
Never mind that on arrival from Geneva, the Kenyan delegation briefed the government that Ocampo had given them at least 360 more days to establish the local tribunal.
In his views, this might have been deliberate tactics by the Kenyan government to continue derailing the process or cutting him completely off.
Like a wise man, he learnt that Kenya wanted to deal with Ocampo directly; he therefore gave them a reason to do so. The secret envelop to Ocampo.
Two, Annan, like a wise person, must have noted with concern the lack of political will in establishing a special tribunal to prosecute suspects of the violence.
He had no choice therefore in handing over the list to enable ICC begin the charges and to end further speculation from the Kenyan citizens and the world at large.
Lastly, Annan is a diplomat and not a politician. He did not want to be dragged into the Kenyan local tribal ethnicentrism politics that would make him take sides.
If you did not know, it’s not easy being a politician in Kenya without being tribal.
Whichever the reason that drove him to make the move, in one way or the other is justified. Don’t get me wrong- I am not in support of what he did, but being in such a position I must agree he had few options.
I would have done the same thing.
The only problem like you might have read in one of my articles is that neither The Hague nor local tribunal will resolve our case.
Nonetheless, it is a good start and can't wait to see how it all rolls out.
By Ohaga Ohaga
-
Since post -election violence rocked Kenya in December 2007, the former UN secretary -General Kofi Annan has been in the Kenyan headlines on a daily basis.
Last week was no different. The former UN secretary-general caught many by surprise when he handed over the secret list containing the names of suspects of the post election violence to the International Criminal Court.
After one and half years of dilly- dallying by the Kenyan government in establishing a local tribunal to prosecute the post election suspects, Kofi Annan seem to have run out patience and submitted the list to the international criminal court prosecutor Louis Moreno-Ocampo.
For those that are not familiar with the Kenyan situation, and is wondering what Annan is doing with a secret envelop- well, this is a summary of it all and how Annan comes into the equation.
Kenyan went into general elections in 2007, the election were disputed resulting into ethnic based violence leaving at least 1,300 dead.
Kofi Annan intervened, successfully mediating the difference between Kibakis’s PNU's party and Raila's ODM. Soon after that, recommendations were made.
A commission was established to look into the orchestrators of the violence.
Justice Waki headed the inquiry. Upon completion, Waki listed the names of the suspects in a sealed envelope and gave to Annan for safe custody.
The names were to be submitted to the International Criminal Court if the Kenyan government failed to put a local tribunal to try the suspects.
Now, that we are on the same page, let’s move on. Where was I? Okay, I was telling you that last week on Friday, the chief mediator decided to hand over the list to the ICC catching the government all asleep.
Why did he do that? Well, no one knows but as usual, we all know the Kenyan government was not keen on bringing justice to this nation leave alone establishing a local tribunal.
In a letter addressed to President Kibaki and copied to the Prime minister Raila Odinga, Annan explains elaborately and precisely his reasons for submitting the secret list to the ICC prosecutor Louis Moreno-Ocampo.
I don’t have much space right here- otherwise; I could have pasted the letter for you. Nevertheless, I will move on and with your indulgence hypothetically look at Annan’s move.
For starters, there could be countless reasons why the former UN secretary general handed over the list; however, there are those that seem heavier.
One of them is that the gentleman seems to have sensed a looming danger in being cut -off - the process by the Kenyan government in fulfilling his desire to bring the suspects to book.
This is well explained by the fact that after he had extended the deadline upon which the local tribunal was to be set up in August, the Kenyan government sent a delegation to Geneva to meet with the ICC prosecutor Moreno-Ocampo.
According to sources, Annan was neither briefed nor consulted over the matter and only came to learn through his aides thereafter.
Never mind that on arrival from Geneva, the Kenyan delegation briefed the government that Ocampo had given them at least 360 more days to establish the local tribunal.
In his views, this might have been deliberate tactics by the Kenyan government to continue derailing the process or cutting him completely off.
Like a wise man, he learnt that Kenya wanted to deal with Ocampo directly; he therefore gave them a reason to do so. The secret envelop to Ocampo.
Two, Annan, like a wise person, must have noted with concern the lack of political will in establishing a special tribunal to prosecute suspects of the violence.
He had no choice therefore in handing over the list to enable ICC begin the charges and to end further speculation from the Kenyan citizens and the world at large.
Lastly, Annan is a diplomat and not a politician. He did not want to be dragged into the Kenyan local tribal ethnicentrism politics that would make him take sides.
If you did not know, it’s not easy being a politician in Kenya without being tribal.
Whichever the reason that drove him to make the move, in one way or the other is justified. Don’t get me wrong- I am not in support of what he did, but being in such a position I must agree he had few options.
I would have done the same thing.
The only problem like you might have read in one of my articles is that neither The Hague nor local tribunal will resolve our case.
Nonetheless, it is a good start and can't wait to see how it all rolls out.
July 09, 2009
The Hague or Local Tribunal? A dilemma for the political elite
Which way to go?
By Ohaga Ohaga
Let me start by saying that irrespective of which way we prosecute the post election violence perpetrators, (The Hague or local tribunal), if the Truth Justice and Reconciliation Commission is not fast- tracked and implemented- then the general elections in 2012 will be like a Christmas party for the devils.
I am not a prophet of doom but anyone who witnessed the violence immediately after the announcement of the election results in the 2007 general elections, would agree with me that there are so many underlying factors than what we are being made to believe and far deep atrocities that have been committed by our politicians that led to the violence.
For the past one and half years, Kenyans have been treated to media frenzy topic: whether the post election engineers should be prosecuted in the International Criminal Court (ICC) or face a special tribunal back home.
Research has been conducted by almost every researching body in the country including radio stations, newspapers and television channels- all pointing out to a common feeling on the ground- that the post- election chaos suspects be tried in The Hague.
Many voices have been raised on the subject with sides pulling apart on which option is best to take. This nonetheless, has taken us nowhere and we are still grappling with the two ideas.
Many Kenyans nevertheless, view the ICC as the best option since they have lost faith in the corrupt- to- the- knee, malfunctioning and non- performing judiciary in the country.
For decades, many social, political and economic crime offenders especially the political elites have evaded prosecutions because of arm-twisting of the judicial process and influencing courts in their favor.
This therefore explains why very few people would campaign for a local tribunal to try the post poll violence suspects.
I however, tend to differ. Not because I am in support of the architects of the violence but because neither The Hague nor local tribunal will resolve our differences.
Why? Consider the following reasons.
Kibaki or Raila
If there was no Kibaki or Raila; we wouldn’t have gone to war. So the people who should top the Waki secret list in Kofi Annan’s safe custody should be both President Mwai Kibaki and Prime Minister Raila Odinga.
This is based on a very simple logic.
They in one way or another masterminded, or orchestrated or supported or had an idea on what was going on or what was about to happen or the commands that were being issued by their subordinates- and with you permission, I will quote a section of the ICC statutes.
The ICC law which Kenya is a signatory- states:
“A superior shall be criminally responsible for crimes within the jurisdiction of the court committed by subordinates under his or her effective authority and control as a result of his or her failure to exercise control properly over such subordinates, where:
The superior either knew, or consciously disregarded information which clearly indicated that the subordinates were committing or about to commit such crimes; the crimes concerned activities that were within the effective responsibility and control of the superior; and the superior failed to take all necessary and reasonable measures within his or her power to prevent or repress the commission or to submit the matter to the competent authorities for investigation and prosecution.
This section therefore puts both Kibaki and Raila on the spot.
The Hague
Many Kenyans are hesitant in backing the formation of a special local tribunal to try architects of the post election violence mainly because they don’t believe in the judicial system.
They argue that even though The Hague, will take far too long in fighting impunity that has been associated with the Kenyan history, at least justice will have prevailed.
To them, the number of those prosecuted or the period it takes doesn’t matter.
Similarly, the lack of transparency that is associated with many tribunals in Kenya is another setback that makes Kenyans view The Hague as their only option.
The Local Tribunal
For those that support the establishment of the local tribunal, the argument is that the ICC is painfully too slow and will take forever to prosecute the suspects.
And for a country that is crying for justice, this is not the viable option
Two, that the ICC will only go for the top cream offenders leaving a whole lot more suspects in the equation like the middle level and the lower level suspects.
Lastly, that by prosecuting the suspects in the International Criminal Court, the violence amongst ethnic communities may be rekindled taking us back to where we are avoiding.
The Truth Justice and Reconciliation Commission
Unlike in the last two groups, I believe that in trying to avoid a repeat of what happened in 2007, neither the local tribunal nor The Hague, will best serve our case.
In my view, the first fundamental thing we need to do- is to fast track the already established Truth, Justice and Reconciliation Commission and then has it fully implemented.
This way, we will not only bring together the various warring communities but will as well deal with the historical and transitional injustices and the far more important land issues among many other things.
Once this has been implemented, we can now move to the second step which involves prosecuting the suspects either locally or internationally.
What makes the last option better than the rest is that there will be peace, the truth will have been known on who did what and where and there will be forgiveness amongst us.
So irrespective of where the suspects are prosecuted, we will be prepared for it.
Besides, it has worked in Liberia- a country that experienced a similar situation we are facing.
By Ohaga Ohaga
Let me start by saying that irrespective of which way we prosecute the post election violence perpetrators, (The Hague or local tribunal), if the Truth Justice and Reconciliation Commission is not fast- tracked and implemented- then the general elections in 2012 will be like a Christmas party for the devils.
I am not a prophet of doom but anyone who witnessed the violence immediately after the announcement of the election results in the 2007 general elections, would agree with me that there are so many underlying factors than what we are being made to believe and far deep atrocities that have been committed by our politicians that led to the violence.
For the past one and half years, Kenyans have been treated to media frenzy topic: whether the post election engineers should be prosecuted in the International Criminal Court (ICC) or face a special tribunal back home.
Research has been conducted by almost every researching body in the country including radio stations, newspapers and television channels- all pointing out to a common feeling on the ground- that the post- election chaos suspects be tried in The Hague.
Many voices have been raised on the subject with sides pulling apart on which option is best to take. This nonetheless, has taken us nowhere and we are still grappling with the two ideas.
Many Kenyans nevertheless, view the ICC as the best option since they have lost faith in the corrupt- to- the- knee, malfunctioning and non- performing judiciary in the country.
For decades, many social, political and economic crime offenders especially the political elites have evaded prosecutions because of arm-twisting of the judicial process and influencing courts in their favor.
This therefore explains why very few people would campaign for a local tribunal to try the post poll violence suspects.
I however, tend to differ. Not because I am in support of the architects of the violence but because neither The Hague nor local tribunal will resolve our differences.
Why? Consider the following reasons.
Kibaki or Raila
If there was no Kibaki or Raila; we wouldn’t have gone to war. So the people who should top the Waki secret list in Kofi Annan’s safe custody should be both President Mwai Kibaki and Prime Minister Raila Odinga.
This is based on a very simple logic.
They in one way or another masterminded, or orchestrated or supported or had an idea on what was going on or what was about to happen or the commands that were being issued by their subordinates- and with you permission, I will quote a section of the ICC statutes.
The ICC law which Kenya is a signatory- states:
“A superior shall be criminally responsible for crimes within the jurisdiction of the court committed by subordinates under his or her effective authority and control as a result of his or her failure to exercise control properly over such subordinates, where:
The superior either knew, or consciously disregarded information which clearly indicated that the subordinates were committing or about to commit such crimes; the crimes concerned activities that were within the effective responsibility and control of the superior; and the superior failed to take all necessary and reasonable measures within his or her power to prevent or repress the commission or to submit the matter to the competent authorities for investigation and prosecution.
This section therefore puts both Kibaki and Raila on the spot.
The Hague
Many Kenyans are hesitant in backing the formation of a special local tribunal to try architects of the post election violence mainly because they don’t believe in the judicial system.
They argue that even though The Hague, will take far too long in fighting impunity that has been associated with the Kenyan history, at least justice will have prevailed.
To them, the number of those prosecuted or the period it takes doesn’t matter.
Similarly, the lack of transparency that is associated with many tribunals in Kenya is another setback that makes Kenyans view The Hague as their only option.
The Local Tribunal
For those that support the establishment of the local tribunal, the argument is that the ICC is painfully too slow and will take forever to prosecute the suspects.
And for a country that is crying for justice, this is not the viable option
Two, that the ICC will only go for the top cream offenders leaving a whole lot more suspects in the equation like the middle level and the lower level suspects.
Lastly, that by prosecuting the suspects in the International Criminal Court, the violence amongst ethnic communities may be rekindled taking us back to where we are avoiding.
The Truth Justice and Reconciliation Commission
Unlike in the last two groups, I believe that in trying to avoid a repeat of what happened in 2007, neither the local tribunal nor The Hague, will best serve our case.
In my view, the first fundamental thing we need to do- is to fast track the already established Truth, Justice and Reconciliation Commission and then has it fully implemented.
This way, we will not only bring together the various warring communities but will as well deal with the historical and transitional injustices and the far more important land issues among many other things.
Once this has been implemented, we can now move to the second step which involves prosecuting the suspects either locally or internationally.
What makes the last option better than the rest is that there will be peace, the truth will have been known on who did what and where and there will be forgiveness amongst us.
So irrespective of where the suspects are prosecuted, we will be prepared for it.
Besides, it has worked in Liberia- a country that experienced a similar situation we are facing.
Tribute to Michael Jackson
In My Own Words
By Ohaga Ohaga
How hypocritical? Insincere? Duplicitous? Pathetic? Devious? Dishonest? Heartless? Can the world be? That after all that period, fifty years and on, we chose one evening to gather in pretences of showing and sending our deepest condolences and last respect to the fallen hero?
It is such a shame how the world expresses its emotions, in broad day light for the dead to see how cruel they can be.
Who exactly are we? or should I say are you duping?
Watching the world gather, as they mourn a fallen hero, the King of Pop, the famous pop artiste, triple award winning and the legendary Michael Jackson, I couldn’t help but wonder how people, we human beings, can be such a phony lot.
Everyone was okay until they learnt that Michael Jackson is dead.
And now, they are pretending, so pitifully and miserably lying before everyone and to themselves that they cared, loved, and adored the singer so much that they could die for him.
How poor can we get? How low can we stoop?
We all know how dishonest and unrealistic we are and can get. Shedding tears in pretence of mourning Michael Jackson. What a hogwash?
I still remember struggling with rage and anger as I restrained myself from breaking my television as I watched people, all round the world, crying with and in Jackson’s name, wearing his look-a- like souvenir attires, buying his albums, playing his music back to back just to show their condolences and respect for the fallen hero.
What a waste of time?
The good thing is that MJ knew this long time ago. The two-faced, devious, human nature and even did a song that was later sung by John Mayer on his memorial day.
As if he had anticipated something like this.
And as you mourn MJ, I got so many questions for you.
Where were you when Jackson was alive? Where were you when he was going through all the trials, tribulations and severe depression?
Did you believe in his innocence during the child molestations accusations, or do you do now? Do you have any of his albums or even know any of his songs?
Who exactly was Michael Jackson to you? Did you like his songs or his character?
Did you offer any support when the he was neck deep into debts that led to him swallowing anti-depressants that later led to his death? My guess is no.
Well, you just like any other human being with a mortal heart is a miserable lot who like the immortals.
You just like any other person out there is a pretender, a miserable lie, cheat, dishonest and pathetic hypocrite.
So what’s the point of buying his shirts and labels and everything when he is dead?
What are going to do with them?
And you celebrities, who thronged the Staples Center for the memorial ceremony.
Weren’t you busy with your recordings, photo shoots, and tours and acting commitments?
Or was this part of the celebrity stunts so that you can have ratings in the Forbes Magazine?
Let’s admit it. We human beings like people when they are dead.
It gives us opportunity to say what they were not.
To lie we loved them so much- even if we know the opposite.
It gives us the opportunity to read long scripted eulogies that has no meaning at all, satisfaction and gratification that at least we got near him.
The chance to do songs and read speeches, poems and use huge words and phrases that make no sense in describing the fallen hero.
Of all the good things I can say about MJ without being like everyone else is that, he was a character. Both in his artistic abilities and personality.
That is why his memorial service seems to have surpassed that of the Late.
Pope John Paul II and can only be compared to the election of President Barrack Obama of the United States of America.
When he died, I took me four days to believe he was dead.
For a moment I thought it was a stunt like that of Elvis Presley.
Until it dawned on me that he was actually gone.
That however did not stop me from watching the behavior of the world.
Where I noted that days before and his memorial, the world stood still and watched in television stations, listened to radio stations, read in the internet, as well as doing interviews about him.
Journalists had a field day recording the events and so were writers in marking the history not forgetting the historians in keeping the statistics and events.
That is what made Jackson the hero he was and still is.
I loved Michael Jackson. Not his personality but his creativity, his in genius ability, the skills, attitude and trying not be like anyone else.
He was neither black nor white and so appealed to everyone.
But that is as much as it goes.
My liking for him is because I loved his music, I appreciated his good art, and unlike many other artistes out there, he was a first and equal to none.
I feel bad that he is gone but that doesn’t make me pretender like the majority who don’t even know why they are saddened by his death.
MICHAEL, you were a hero and a genius.
Forgive our pretences, sympathies, long eulogies and tributes that you may have witnessed from where ever you are.
This is who we are. Mortal heart that loves nothing more than ourselves.
R.I.P Michael.
By Ohaga Ohaga
How hypocritical? Insincere? Duplicitous? Pathetic? Devious? Dishonest? Heartless? Can the world be? That after all that period, fifty years and on, we chose one evening to gather in pretences of showing and sending our deepest condolences and last respect to the fallen hero?
It is such a shame how the world expresses its emotions, in broad day light for the dead to see how cruel they can be.
Who exactly are we? or should I say are you duping?
Watching the world gather, as they mourn a fallen hero, the King of Pop, the famous pop artiste, triple award winning and the legendary Michael Jackson, I couldn’t help but wonder how people, we human beings, can be such a phony lot.
Everyone was okay until they learnt that Michael Jackson is dead.
And now, they are pretending, so pitifully and miserably lying before everyone and to themselves that they cared, loved, and adored the singer so much that they could die for him.
How poor can we get? How low can we stoop?
We all know how dishonest and unrealistic we are and can get. Shedding tears in pretence of mourning Michael Jackson. What a hogwash?
I still remember struggling with rage and anger as I restrained myself from breaking my television as I watched people, all round the world, crying with and in Jackson’s name, wearing his look-a- like souvenir attires, buying his albums, playing his music back to back just to show their condolences and respect for the fallen hero.
What a waste of time?
The good thing is that MJ knew this long time ago. The two-faced, devious, human nature and even did a song that was later sung by John Mayer on his memorial day.
As if he had anticipated something like this.
And as you mourn MJ, I got so many questions for you.
Where were you when Jackson was alive? Where were you when he was going through all the trials, tribulations and severe depression?
Did you believe in his innocence during the child molestations accusations, or do you do now? Do you have any of his albums or even know any of his songs?
Who exactly was Michael Jackson to you? Did you like his songs or his character?
Did you offer any support when the he was neck deep into debts that led to him swallowing anti-depressants that later led to his death? My guess is no.
Well, you just like any other human being with a mortal heart is a miserable lot who like the immortals.
You just like any other person out there is a pretender, a miserable lie, cheat, dishonest and pathetic hypocrite.
So what’s the point of buying his shirts and labels and everything when he is dead?
What are going to do with them?
And you celebrities, who thronged the Staples Center for the memorial ceremony.
Weren’t you busy with your recordings, photo shoots, and tours and acting commitments?
Or was this part of the celebrity stunts so that you can have ratings in the Forbes Magazine?
Let’s admit it. We human beings like people when they are dead.
It gives us opportunity to say what they were not.
To lie we loved them so much- even if we know the opposite.
It gives us the opportunity to read long scripted eulogies that has no meaning at all, satisfaction and gratification that at least we got near him.
The chance to do songs and read speeches, poems and use huge words and phrases that make no sense in describing the fallen hero.
Of all the good things I can say about MJ without being like everyone else is that, he was a character. Both in his artistic abilities and personality.
That is why his memorial service seems to have surpassed that of the Late.
Pope John Paul II and can only be compared to the election of President Barrack Obama of the United States of America.
When he died, I took me four days to believe he was dead.
For a moment I thought it was a stunt like that of Elvis Presley.
Until it dawned on me that he was actually gone.
That however did not stop me from watching the behavior of the world.
Where I noted that days before and his memorial, the world stood still and watched in television stations, listened to radio stations, read in the internet, as well as doing interviews about him.
Journalists had a field day recording the events and so were writers in marking the history not forgetting the historians in keeping the statistics and events.
That is what made Jackson the hero he was and still is.
I loved Michael Jackson. Not his personality but his creativity, his in genius ability, the skills, attitude and trying not be like anyone else.
He was neither black nor white and so appealed to everyone.
But that is as much as it goes.
My liking for him is because I loved his music, I appreciated his good art, and unlike many other artistes out there, he was a first and equal to none.
I feel bad that he is gone but that doesn’t make me pretender like the majority who don’t even know why they are saddened by his death.
MICHAEL, you were a hero and a genius.
Forgive our pretences, sympathies, long eulogies and tributes that you may have witnessed from where ever you are.
This is who we are. Mortal heart that loves nothing more than ourselves.
R.I.P Michael.
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