August 27 will forever remain engraved in our minds. It was characterized by euphoria and a sense of patriotism never seen before. Each and every one of us had so many lofty dreams of the new constitution. The Prime Minister was upbeat that this day was the “start of an equal, just and united society.” On the other hand the Vice president said that this “was the beginning of a new era in the life of our great country.” We never imagined that this healthy optimism can quickly turn into irrational exuberance. Hardly a month after the much touted promulgation, our hopes about the new constitution are gradually inflating in to a pessimism bubble.
We have witnessed Cabinet Ministers speaking in dissonance on matters constitutionalism. Their deliberate missteps coupled with their half-hearted political gestures are threatening to derail the efforts at anchoring the new constitution. Forgive me if I should as much as cast some of them as self-serving clowns who will hasten to sacrifice their political convictions for the convenience of the hour. You will know them from their ability to flip flop on issues of national importance. In the words of Adlai Stevenson, these are politicians who will cut down a redwood tree, then mount the stump and make a speech for conservation. I bet you now understand why Will Rogers opined that “…people are taking the comedians seriously and the politicians as a joke.”
Already we are witnessing dangerous partisanship in the interpretation the phrase “restructuring of the provincial administration’ to suit the operation of the counties. We have also seen them differ on the extent to which the government should cooperate with the ICC. It would seem they are too happy to go along with a strategy of pause and delay lest they imperil disharmony in their fragile parties ahead of the 2012 general elections.
Unfortunately, these ministers are not the only doomsayers. The confusion in the cabinet seems to have percolated into the uniformed police force. Last week, media houses profiled the General Service Unit (GSU), a paramilitary wing of the regular police force; make a mockery of the police reforms. The country watched in consternation as the GSU vent out their pent up emotions on the Administration Police. So ruthless and brutal were the GSU that they kept on bludgeoning and punching APs who had crouched in total submission. What if it was a civilian who had been unfortunate enough to be a victim of their torture? Believe me you; this marauding pack would have bludgeoned him to death and perhaps even earned a promotion for a job well done!
Hardly a week later media outlets beamed footage of bullet riddled bodies of suspected Mungiki adherents scattered in the Kinale forest in Kiambu County. It does not take a genius to figure out that these are just but a fraction of the so many cases of extra judicial killings.
Sad, right? Well, even though I am far from being pusillanimous, I am tempted to believe in the vice president`s change of heart. His latest advice to Kenyans is that they should not place so much hope on the star-spangled constitution. Is this his way of telling us that we should brace up for more shockers? Is this gloom pervasive?
TOME FRANCIS,
BUMULA.
http://twitter.com/tomefrancis
Tuesday, September 28, 2010
Sunday, September 26, 2010
IS THE JUSTICE MINISTER WORKING IN COHORTS WITH AN EFFETTE CORPS OF IMPUNITY?
John F Kennedy once said that “the great enemy of truth is very often not the lie -deliberate, contrived and dishonest, but the myth, persistent, persuasive, and unrealistic. Belief in myths allows the comfort of opinion without the discomfort of thought.” These words find a perfect abode in Kenya. This is because the country is increasingly bombarded with myths from the likes of the Minister for Justice and Constitutional Affairs.
One such myth is the assertion by the Justice Minister that the country is ready to disengage from the ICC led retributive process. The Minister is instead brazenly vouching for a local justice mechanism against those who bear the greatest responsibility for the 2008 post election violence (PEV). The truth is that the country is neither ready nor willing to handle such a gigantic task now or in the near future. Attempts at dispensing justice vide a local mechanism in a country that is deeply ethnicized such as ours will be akin to brandishing sparks in a nuclear tinder box. Moreover, it will take ages for the citizenry to have a significant level of confidence in the judiciary if people animated by impunity will be the ones tasked with the responsibility of drafting of the bills that will engender the necessary reforms in the judiciary. Hastiness and superficiality is what will be the natural outcome.
It is important at this juncture to point out that already the Justice Minister has gradually and silently moved with unusual speed (in the absence of the constitution implementation committee) to draft laws not to anchor the new constitution. Going by his pep talk then it would appear that he is hell bent on presenting an illusion of freedom to the people. He appears to be working in cohort with effete corps of impudent snobs who have a strong desire to abridge the freedoms of the people of Kenya. This explains why he is bold enough to look us straight in the eyes and tell us that he has no apology to make!
As Frank Zappa would observe, “when such people think that an illusion has become too expensive to maintain they will take down the scenery, pull back the curtains, move all the tables and chairs, and you will see a brick wall at the back of the theatre." Unfortunately this is what is happening in Kenya. Already some elements within the government have begun showing their unwillingness to furnish ICC with important documents on the pretext that this would be against the country’s “national security.” Need I say that this is a brick wall of impunity?
This move will certainly be met with the full force of the international law. ICC is likely to formally request its judges to issue a finding of non-compliance against Kenya upon which the Office of the Prosecutor will request the UN Security Council to deal with Kenya's persistent refusal to cooperate. Sanctions may then be put in place against Kenya. I bet no one wants to fathom the consequences that will arise out of such sanctions.
Yet if the citizenry are complacent then tyrants will remain active and ardent. They (tyrants) will callously devote all their energies at putting shackles upon us. It is thus extremely important that we do everything within our disposal to stop them from forcing the country into such dangerous levels of mediocrity.
TOME FRANCIS,
BUMULA.
http://twitter.com/tomefrancis
One such myth is the assertion by the Justice Minister that the country is ready to disengage from the ICC led retributive process. The Minister is instead brazenly vouching for a local justice mechanism against those who bear the greatest responsibility for the 2008 post election violence (PEV). The truth is that the country is neither ready nor willing to handle such a gigantic task now or in the near future. Attempts at dispensing justice vide a local mechanism in a country that is deeply ethnicized such as ours will be akin to brandishing sparks in a nuclear tinder box. Moreover, it will take ages for the citizenry to have a significant level of confidence in the judiciary if people animated by impunity will be the ones tasked with the responsibility of drafting of the bills that will engender the necessary reforms in the judiciary. Hastiness and superficiality is what will be the natural outcome.
It is important at this juncture to point out that already the Justice Minister has gradually and silently moved with unusual speed (in the absence of the constitution implementation committee) to draft laws not to anchor the new constitution. Going by his pep talk then it would appear that he is hell bent on presenting an illusion of freedom to the people. He appears to be working in cohort with effete corps of impudent snobs who have a strong desire to abridge the freedoms of the people of Kenya. This explains why he is bold enough to look us straight in the eyes and tell us that he has no apology to make!
As Frank Zappa would observe, “when such people think that an illusion has become too expensive to maintain they will take down the scenery, pull back the curtains, move all the tables and chairs, and you will see a brick wall at the back of the theatre." Unfortunately this is what is happening in Kenya. Already some elements within the government have begun showing their unwillingness to furnish ICC with important documents on the pretext that this would be against the country’s “national security.” Need I say that this is a brick wall of impunity?
This move will certainly be met with the full force of the international law. ICC is likely to formally request its judges to issue a finding of non-compliance against Kenya upon which the Office of the Prosecutor will request the UN Security Council to deal with Kenya's persistent refusal to cooperate. Sanctions may then be put in place against Kenya. I bet no one wants to fathom the consequences that will arise out of such sanctions.
Yet if the citizenry are complacent then tyrants will remain active and ardent. They (tyrants) will callously devote all their energies at putting shackles upon us. It is thus extremely important that we do everything within our disposal to stop them from forcing the country into such dangerous levels of mediocrity.
TOME FRANCIS,
BUMULA.
http://twitter.com/tomefrancis
Tuesday, September 21, 2010
MUTULA MUST CEASE MAKING SUCH DANGEROUS ABROGATION REMARKS.
On a number of occasions honorable Mutula Kilonzo, the Minister for Justice and constitutional Affairs has unleashed coded verbiage that has increasingly pointed to intent at a backpedalling on the people`s quest for justice over the 2007 post election violence (PEV). In my opinion, these outrageous remarks are a testament of a minister being destroyed by the pressures of a cabal pushing him to a false bravado.
Uncharacteristic of a lawyer of his reputation, the minister has hopped from one position to the other in quick succession and in the end failed to convince even himself to adopt any position with regard to PEV. Like a pendulum he appears to be on the extreme end of those vouching for justice for the PEV victims while at another time he adopts a blinkered attitude of the victims and belligerently arrogates himself the power to spew ridiculous jiggery-pokery in an obvious attempt at defenestrating justice and pampering of impunity. Call it ad hominem par excellence if you like.
While we laud the optimism he has in the new constitution, it will be prudent of him to appreciate the fact that even with the promulgation of the new constitution there are forces within the same government that are keen on standing on the way of its implementation. It will therefore take several years before the citizenry have sufficient levels of confidence in the Kenyan judiciary. During this time we cannot deep freeze the quest for justice over the 2007 PEV. That will be tantamount to forcing Kenyans to behave like the proverbial ostrich. Certainly, Kenyans will not at any one time imagine that the 2007 PEV was just but a bad dream.
Mutula must know that the spectre of unresolved killings is haunting Kenya and the sooner we deal with it, fairly and squarely, the better for us. He must also know that the 2007 PEV was like the tip of an ice berg. Beneath the deceptively calm peace lies the threat of anarchy, bloodletting and degeneration of the state.
My exhortation to Mutula is to respect the Rome Statute that we voluntarily signed as a country. He must immediately cease engaging in any abrogation talk. In any case, his talk about Hague being unable to handle so many witnesses of the PEV is simplistic, mischievous and obviously misleading and so is his previous assertion that the Kenyan case does not meet the ICC threshold of crimes against humanity.
Moreover, it will be in our best interest as a country if Mutula does not allow the 2012 political machinations to override the national interest. He must respect parliament which in its collective wisdom declared “let us not be vague, let us go to Hague.”
TOME FRANCIS,
BUMULA CONSTITUENCY.
http://twitter.com/tomefrancis
Uncharacteristic of a lawyer of his reputation, the minister has hopped from one position to the other in quick succession and in the end failed to convince even himself to adopt any position with regard to PEV. Like a pendulum he appears to be on the extreme end of those vouching for justice for the PEV victims while at another time he adopts a blinkered attitude of the victims and belligerently arrogates himself the power to spew ridiculous jiggery-pokery in an obvious attempt at defenestrating justice and pampering of impunity. Call it ad hominem par excellence if you like.
While we laud the optimism he has in the new constitution, it will be prudent of him to appreciate the fact that even with the promulgation of the new constitution there are forces within the same government that are keen on standing on the way of its implementation. It will therefore take several years before the citizenry have sufficient levels of confidence in the Kenyan judiciary. During this time we cannot deep freeze the quest for justice over the 2007 PEV. That will be tantamount to forcing Kenyans to behave like the proverbial ostrich. Certainly, Kenyans will not at any one time imagine that the 2007 PEV was just but a bad dream.
Mutula must know that the spectre of unresolved killings is haunting Kenya and the sooner we deal with it, fairly and squarely, the better for us. He must also know that the 2007 PEV was like the tip of an ice berg. Beneath the deceptively calm peace lies the threat of anarchy, bloodletting and degeneration of the state.
My exhortation to Mutula is to respect the Rome Statute that we voluntarily signed as a country. He must immediately cease engaging in any abrogation talk. In any case, his talk about Hague being unable to handle so many witnesses of the PEV is simplistic, mischievous and obviously misleading and so is his previous assertion that the Kenyan case does not meet the ICC threshold of crimes against humanity.
Moreover, it will be in our best interest as a country if Mutula does not allow the 2012 political machinations to override the national interest. He must respect parliament which in its collective wisdom declared “let us not be vague, let us go to Hague.”
TOME FRANCIS,
BUMULA CONSTITUENCY.
http://twitter.com/tomefrancis
Saturday, September 18, 2010
PLOT BY MAGNATES TO SMOTHER THE NEW NHIF SCHEME MUST BE DEFEATED.
Probably you have witnessed patients turned away from hospital doors or evicted from hospital beds due to their inability to pay for services. Such patients usually succumb to their illnesses or injuries shortly after such harrowing ordeals. These are deeply human tragedies that are a common occurrence in Kenya.
Not even those in private health insurance schemes have been safe from the avarice of magnates. Prohibitive costs have turned out to be more than they can afford except by mortgaging their family`s future. This is because the country has allowed many insurance companies to create numerous complicated policies that have trapped Kenyans in gaps, limitations, and exclusions in coverage. In most instances these policies offer disastrously low benefits and often spell financial disaster when serious illness or disaster strikes. Attempts by the government at restoring sanity in this vital sector have always touched off an explosion of furious protracted polemics within the private sector. Magnates have resented such attempts as negating the principles of economic liberalism.
In our concern not to infringe on doctors` and hospitals rights as entrepreneurs, we have allowed them to offer health care in ways designed more for their own convenience and profit than for the good of the people of Kenya.
This state of affairs cannot continue ad infinitum. I believe that the time has come for Kenyans from all walks of life to demand that the right to universal health care is not trampled upon any more. The time has come for us to give a wide berth to all those who are hell bent on engaging in bitter polemics on an issue as sensitive as universal health care.
We must not allow magnates to make us lose focus at this critical moment. In their bid to smother this noble idea these magnates have been quick at expressing concerns with the indecent haste with which the new NHIF health insurance scheme is being operationalized. They have pointed out the past inadequacies surrounding NHIF as a basis for not implementing the new health insurance scheme. Such comments are not unexpected. Suffice to say that they are an expression of the desire by magnates to jealously guard their private health insurance companies schemes that are so callous to human suffering, so intent on high profits and so unconcerned for the needs of the holloi polloi.
In my opinion, there is absolutely nothing wrong in enhancing the capacities of NHIF while implementing the new health scheme at the same time. I am sure that we can walk and chew gum at the same time. Again it is naïve for anyone to advance the argument that Kenyans were not consulted before the implementation of the new scheme. It is absolutely wrong for one to imagine that the government must knock on every person`s door to capture their views on important policy issues. Unbeknown to such people consultation is a complex and continuous process. Monitoring and evaluation of government programmes is one such channel of consultation.
It is also laughable that those claiming lack of consultation should rush to court without themselves consulting the very constituents they represent as to whether a legal recourse was necessary.
It must be understood that millions of Kenyans increasingly feel that the government should guarantee good health insurance scheme at an affordable cost. It is this overriding desire by Kenyans that has informed the decision by the Ministry of medical services in mid-wifing the new health insurance scheme.
What the Ministry of Medical services is offering is more than what Kenyans bargained for. This new scheme not only empowers but also makes people`s entitlements explicit. Families will pay a small means-tested premium to cover them for health care. The government will in turn pay for every Kenyan thus increasing benefits that can be claimed on the small premium. This is sure to be a boon to millions of poor Kenyans.
TOME FRANCIS,
BUMULA.
http://twitter.com/tomefrancis
Not even those in private health insurance schemes have been safe from the avarice of magnates. Prohibitive costs have turned out to be more than they can afford except by mortgaging their family`s future. This is because the country has allowed many insurance companies to create numerous complicated policies that have trapped Kenyans in gaps, limitations, and exclusions in coverage. In most instances these policies offer disastrously low benefits and often spell financial disaster when serious illness or disaster strikes. Attempts by the government at restoring sanity in this vital sector have always touched off an explosion of furious protracted polemics within the private sector. Magnates have resented such attempts as negating the principles of economic liberalism.
In our concern not to infringe on doctors` and hospitals rights as entrepreneurs, we have allowed them to offer health care in ways designed more for their own convenience and profit than for the good of the people of Kenya.
This state of affairs cannot continue ad infinitum. I believe that the time has come for Kenyans from all walks of life to demand that the right to universal health care is not trampled upon any more. The time has come for us to give a wide berth to all those who are hell bent on engaging in bitter polemics on an issue as sensitive as universal health care.
We must not allow magnates to make us lose focus at this critical moment. In their bid to smother this noble idea these magnates have been quick at expressing concerns with the indecent haste with which the new NHIF health insurance scheme is being operationalized. They have pointed out the past inadequacies surrounding NHIF as a basis for not implementing the new health insurance scheme. Such comments are not unexpected. Suffice to say that they are an expression of the desire by magnates to jealously guard their private health insurance companies schemes that are so callous to human suffering, so intent on high profits and so unconcerned for the needs of the holloi polloi.
In my opinion, there is absolutely nothing wrong in enhancing the capacities of NHIF while implementing the new health scheme at the same time. I am sure that we can walk and chew gum at the same time. Again it is naïve for anyone to advance the argument that Kenyans were not consulted before the implementation of the new scheme. It is absolutely wrong for one to imagine that the government must knock on every person`s door to capture their views on important policy issues. Unbeknown to such people consultation is a complex and continuous process. Monitoring and evaluation of government programmes is one such channel of consultation.
It is also laughable that those claiming lack of consultation should rush to court without themselves consulting the very constituents they represent as to whether a legal recourse was necessary.
It must be understood that millions of Kenyans increasingly feel that the government should guarantee good health insurance scheme at an affordable cost. It is this overriding desire by Kenyans that has informed the decision by the Ministry of medical services in mid-wifing the new health insurance scheme.
What the Ministry of Medical services is offering is more than what Kenyans bargained for. This new scheme not only empowers but also makes people`s entitlements explicit. Families will pay a small means-tested premium to cover them for health care. The government will in turn pay for every Kenyan thus increasing benefits that can be claimed on the small premium. This is sure to be a boon to millions of poor Kenyans.
TOME FRANCIS,
BUMULA.
http://twitter.com/tomefrancis
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