2M2 Maika and Sabrina
2M6 Cedric and Olivier
Sunday, July 16, 2006
The Standard (Kenya) 29.05-01.06.07
Week ELEVEN article selected 21-25.05.07
2M2 Maika and Sabrina
2M6 Cedric and Olivier
2M2 Maika and Sabrina
2M6 Cedric and Olivier
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Sabrina and Maïka 2m2 want to present this article. The address will come when we'll know how to do...
Pour finir Sabrina et Maïka 2m2 sont inscrites ailleurs...dsl
Sabrina and Maika would you please come back to this first choice, thank you
Olivier and Cédric you are assigned this newspaper, please take note of the presentation date
Olivier and Cédric:
Kenyans have lost trust in Judiciary, says TI report
By Allan Kisia
Kenyans have lost trust in the justice system, a new report has indicated.The Global Corruption Report 2007; Corruption in Judicial Systems, that was launchedon Thursday, says surveys and polls mapped out what seemed to be widespread loss of public trust in the Judiciary.
The report, simultaneously launched in Nairobi and London, also indicated that Kenyans perceived bribery to be rampant in the Judiciary.
Transparency International (TI) conducted the study in thirty-seven countries.
"When the judicial system is perceived to be corrupt, the implications are enormous in other sectors," said Dr Richard Leakey, the chair of the interim steering committee to Kenya Secretariat of TI.
Kenya’s judiciary is ranked sixth among the country’s 10 most corrupt institutions.
Leakey, a paleontologist and environmental activist, said negative perceptions on the Judiciary negatively affected other arms of Government.
He said the current trend by politicians to make constitutional applications to avoid or delay prosecution of corruption-related cases contributed to the loss of trust.
Leakey said politicians, both in the Opposition and Government, were increasingly ignoring court orders and rulings, terming the matter "very serious".
He said many Kenyans had embraced the notion, "why hire a lawyer when you can pay a judge".
He said the delays were also evident in election petitions, citing the Magarini case that took more than four years.
The launch was attended by Mr Akere Muna, founder and former President of TI, Cameroon, Mr Casey Kelso, the director of the Africa and Middle East Department at TI secretariat in Berlin, and Ms Lillian Ekeanyanwu, a member of the board for TI Nigeria.
The report brought together scholars, legal professionals and civil society activists from around the world to examine how, why and where corruption marred judicial processes and to reflect on the remedies for tainted systems.
It focused on judges and courts, situating them within the broader justice system and exploring the impact of judicial corruption on human rights, economic development and governance.
Two problems were analysed: political interference to pressure judges for rulings in favour of political or economic interests, including in corruption cases and petty bribery involving court personnel.
The study concluded that corruption undermined justice in many parts of the world, denying victims and the accused basic human right to a fair and impartial trial.
It said corruption eroded the ability of the international community to tackle transnational crime and terrorism.
It added that the vice diminished trade, economic growth and human development and denied citizens impartial settlement of disputes with neighbours or authorities.
In Kenya, the study focused largely on judges and court staff involved in the adjudication of the law.
The report said a brush with the police provide the most fertile ground for corruption.
It said majority of Kenyans in the legal fraternity believed that corruption was still a problem and that the Kenyan Constitution vested the power to appoint judges in the President while he was required to consult the Judicial Service Commission first.
The report said the commission, however, comprised presidential appointees, including the Chief Justice, Attorney General, an Appeal judge and the chair of the Public Service Commission.
"Since both judges and members of the commission are presidential appointees, there is room for Executive interference," added the report.
Sabrina and Maïka's article
Day with leader of the outfit reveals a wealthy group
By Saturday Standard Team
The operations and existence of the Mungiki sect are shrouded in mystery since members rarely talk to non-members.
Those who abandon the sect or leak secrets of the undercover outfit live under constant threat of being killed or their families being subjected to harassment.
A day with one of the sect leaders revealed an organisation that runs on principles plucked from Mario Puzzo’s The God Father or Famous Dead People on the life of Al Capone.
Outwardly, sect members give the impression of a religious grouping steeped deep in the Agikuyu culture — complete with sniffing tobacco, praying while facing Mt Kenya and in traditional regalia.
It takes considerable effort to build trust and spend a day with one of the Mungiki leaders, one of those who command huge respect among the army of youths. They refer to him as "Munene" (the leader) while he refers to them as Jama (a guard, a soldier, a gang member).
Leaders are extremely wealthy
Right from the greetings, it is easy for members to distinguish non-members. The handshake is done with a slight massage of the palm with the last three fingers of the right hand.
Mungiki leaders are extremely wealthy and lead lavish lifestyles, often maintaining several mistresses, driving luxury cars, all of which is funded by members.
In return, the leaders provide ‘protection’ and ‘settle disputes’. This include, "smoothening the way" by sorting out politicians, Provincial Administration, local authorities, police and magistrates when things go wrong.
"Munene angikwirira undu no nginya ahingie, ona angikoruo ni DC" (once the leader promises you something, he will deliver on it, even if it involves the DC), a matatu driver said when casually asked why he could not sort out a small problem with the courts.
He had just deposited money into the leader’s palm before pulling the leader’s personal assistant and driver aside to explain his needs.
The leader collects money liberally; he does not have to ask.
Masters of camouflage
Along Kirinyaga Road, young and middle aged men in oily aprons, who operate a cacophony of roadside jua-kali operations, just step forward, have a word with the leader, and then place money into his palm.
They say the leader never fails, perhaps because he can buy his way in courts, police stations, among others. With all its muscle, the Nairobi City Council does not set foot on that end of Kirinyaga Road.
Mungiki calls the shots, provides security and maintains law and order.
Mungiki are also masters of camouflage, and they do not flaunt their colours. Instead, they paint green, black and red colours on a concrete column here, a water drainage pipe there but not as conspicuously as to be noticed by passers-by.
The organisational structure is such that below the leaders are co-ordinators who are in charge of certain areas and report to the national leaders.
But the organisation is too opaque to be able to tell who exactly is calling the shots.
Joints of choice include the latest fast food places
Inquiries into how the Mungiki leader came to command so much respect among his followers reveal the leaders extend considerable benevolence to desperate and jobless young fellows, to get them started.
"Some of these young fellows you see here were destitute before they were taught how to make cars and given space and tools to get them started. Others are in some farms that belong to the movement. We discourage idleness, and all our members must be engaged in something to earn a living," came the explanation.
The leader’s social joints of choice include the latest fast food places at the City centre and on Ngong Road, where they are seen in the company of petite young girls.
Some university students keep jumping in and out of his luxury car as he drives around town. Night finds him in one of the Steers fast food joints, where he holds apparently innocent meetings with three different groups, each sending a representative to brief the leader and deliver money.
Wave of killings blamed on organisation
Although the leader will not easily be drawn into a discussion about the current wave of killings blamed on his organisation, when pestered he poses serious questions and points out that Internal Security minister Mr John Michuki and the Police Commissioner, Maj Gen Hussein Ali are taking the public for ride.
"They have arrested people in connection with Mungiki, if they have evidence that they are Mungiki members, does it mean they have suddenly discovered this fact and what have they been doing in the past? This is not about Mungiki but politics," he says.
Another leader cites the Kangemi route and says Michuki and the Police Commissioner should listen to Matatu owners and take decisive actions against their line commanders to get Mungiki out of the matatu terminus.
"You cannot get Mungiki out of Matatu terminus without a thorough shake up of the police force in Nairobi. When matatu owners appoint their own employees to man bus stops, police will find an excuse to arrest them and charge them for anything, then reinstate the hooligans who will share the collections with them in the evening," he says.
Group no longer under a central leadership
Citing the Kangemi route, the member says the route has upwards of 700 matatus plying it everyday, and with each paying Sh200 daily, he says at least Sh140,000 is collected daily.
"No one can do this kind of an operation without support and protection from the police and police do not do it for nothing," he says.
The member, who requests not to be named for fear of reprisals, further says Mungiki is no longer under a central leadership. It has split into factions and autonomous units that control themselves.
"No one should tell you that he is charge of Mungiki. Even crooks are doing their own things and blaming it on Mungiki," one member added.
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