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Public Retraction: Tigania West CDF Mismanagement

Posted by on 13th April 2012

Categories: Breaking News MP Participation


Two months ago we published a report that alleged that the CDF fund for the Tigania West Constituency. managed by Honourable Kilemi Miwria was mismanaged.

The member subsequently got in touch with us to clarify the serious allegations and we subsequently took down the post.

We however failed to publicly acknowledge this, a significant oversight on our part.  In this regard we take this opportunity to unreservedly apologize to Honourable Kilemi Mwiria and the people of Tigania West for the aspersions unwittingly cast against him and his committee.

In the interests of transparency we also will obtain and publish the clearance from the EACC in this regard as soon as possible. we have obtained the letter from the EACC  as displayed below

Mzalendo is a non-partisan volunteer project started in 2003 whose mission is to ‘keep an eye on the Kenyan parliament.’ Mzalendo seeks to promote greater public voice and enhance public participation in politics by providing relevant information about the National Assembly’s activities, MPs, and aspirants ahead of the 2012 elections.

As such we have no political, or any other affiliations with any political party or politician, and are totally non partisan.

This matter has pointed out to us the significant flaws in dealing with content sourced from third parties, and dealing with the right of response. In this regard we are preparing a policy on the same that we hope will avoid any such occurrences in the future.

NCIC Monitoring Social Media for Hate Speech

Posted by on 26th March 2011

Categories: Breaking News

By Mzalendo Contributor – Moreen Majiwa (@mmajiwa)

On Thursday Dr. Mzalendo Kibunja, Head of the National Integration Cohesion
Commission (NCIC), announced that one of the new areas of focus for the commissions
work will be hate speech on the internet. The commission will begin monitoring social
networks and commentaries on news networks for hate speech early as April.

According to the National Integration Cohesion Commission Act of 2008 hate speech
includes using threatening, abusive and insulting words, behavior, displays or written
material, publishing or distributing such written material. Distributing, showing a play or
recording of visual images or producing or directing a programme which is threatening
abusive or insulting that intended to stir up ethnic hatred.
The Act makes hate speech
a criminal offense for which offenders can receive up to 3 years in prison a fine of not
exceeding 1 million shillings or both.

Dr. Kibunja stated: “Facebook, twitter and such networks will be our main focus and I can
tell you most of the hate speech comes from Diaspora not internally.”

Its hard to imagine how NCIC will go about cataloguing ever conceivable kind of hate
speech, will the commission be cataloguing all kinds of hate speech or just hate speech
that is political or ethnic tone, how will the commission avoid the appearance of being
merely a political proceeding, and will the end result be internet regulation?

Monitoring social networks and commentary is a monumental task given the millions
of Kenyans at home and abroad that are on facebook, twitter, have blogs, and amount of
commentary on news websites.

No doubt a very good argument can be made for monitoring social media and news
websites for hate speech given the current political climate. However it is also a rights
mine-field when it comes to ensuring that freedom of expression, freedom of information,
and the right to free speech are not infringed.   I wonder Commission plans to go about its

ICC Case Files

Posted by on 16th December 2010

Categories: Breaking News

Is the Establishment of a Local Tribunal Enough to Stop the ICC

Posted by on 15th December 2010

Categories: 2007 Elections 2012 Elections Breaking News

Today the International Criminal Court (ICC) Prosecutor, Luis Moreno Ocampo, filed two applications for summons to appear for the six persons that the Prosecutor’s Office believes are most responsible for Kenya’s 2007/2008 post election violence.

There had been progressively spirited attempts to stop the application as well as the case at the ICC.This included a last ditch attempt by the government to set up a local tribunal to try the suspects after numerous attempts had failed.

“Irrespective of what transpires at the ICC on Wednesday 15 December, 2010 and in view of the fact that ICC is only a court of last resort, the Government will establish a local judicial mechanism in accordance with the Rome Statute within the framework of the new Constitution. The only reason that the post-election violence cases are being investigated by the ICC is because there is no appropriate local judicial mechanism which could carry out investigations, prosecutions and determination of the post-election violence cases for international crimes,”

The establishment of a local tribunal is welcome. The ICC will only be dealing with the 6 deemed most responsible for the violence. For comprehensive justice a national mechanism will be needed to try perpetrators that do not fall within this category. The ICC is meant to complement a national process not replace it.

Many of the people I have spoken to are sceptical of the reason behind the sudden willingness to set up a local tribunal. Some have gone as far as to say that the establishment of a local tribunal is not only intended to halt the ICC process, but to create a local mechanism that can be manipulated to protect certain persons.

Given the timing of the decision, the failure of two previous attempts to establish a local tribunal, and a history of political manipulation of the rule law, who can blame them?

If the speculation is correct and the intention behind setting up the local tribunal is disingenuous or if the local tribunal is intended as a smoke screen to shield certain perpetrators from criminal responsibility. The plan is unlikely to work.

Section 17 of the Rome statute envisages such a situation and protects against it. So the Court will still act if the local tribunal is created “for the purpose of shielding the person (s) concerned from criminal responsibility”, or if the process is being conducted in a manner “inconsistent with an intent to bring the person concerned to justice”.

Additional Wetangula Report Annexes

Posted by on 13th November 2010

Categories: Breaking News

Readers, we have been able to obtain additional annexes to the Wetangula report.

The following files are included

Annex 1 – Letter from Amb. Awori – Progress Report.pdf
Annex 10 – Picture.pdf
Annex 25 – Printed Estimates.pdf
Annex 26 – Letter from PPOA.pdf
Annex 27 – Invoice from Shoji Yanagawa.pdf
Annex 28 – Letter from Mr. Njeru – 24th April 2009 – On Shoji Yanagawa.pdf
Annex 29 – Call Report from Mission – Decision to hire Scrivener – 1st June 2009.pdf
Annex 3 – Inspection report.pdf
Annex 30 – Advice by Arch. Dick Olango – to use Estate Agent.pdf
Annex 31 – Minutes of Tokyo Procurement Committee – 21st April 2009 – Hire of Attorney.pdf
Annex 32 – Regret Letter to Yoshito Kijima from Embassy – 28th April 2009.pdf
Annex 33 – Call Report from Tokyo – 10th June 2009 – Meeting with Y. Kijima.pdf
Annex 34 – Fee Quotation by Y. Kijima – June 12 2009.pdf
Annex 36 – Receipt of Registration Bureau.pdf
Annex 37 – Proof of Title.pdf
Annex 38 – Signed Sales Contract.pdf
Annex 39 – Letter from A. Musasia to Embassy – 2nd April 2007.pdf
Annex 4 – Letter from H-Asia – On Sen. Yano’s meeting with H.E..pdf
Annex 40 – Response from Mission to A. Musasia’s Letter – 4th April 2007.pdf
Annex 5 – Profile of Senator Yano.pdf
Annex 8 – Memo – Government Plot.pdf
CAIRO -final.doc
pakistan – FINAL.doc

You can download the 28 additional annexes in a zip file here

You can download the originally uploaded 22 annexes in a zip file here

Wetangula Report Annexes

Posted by on 11th November 2010

Categories: Breaking News

Readers, we are pleased to note that we have received the annexes for the Wetangula report.

Annex 11 – Ministry of Lands – Valuation Report.pdf
Annex 12 – Architectural Analysis by – Dick Olango.pdf
Annex 13 – Letter from Amb. Awori – Acquisition of CURRENT premises.pdf
Annex 15 – Letter from Amb. Ole Leken – 22nd June 1990.pdf
Annex 16 – Letter from Amb. Ole Leken – 30th August 1990.pdf
Annex 17 – Wikipedia Article on Meguro Ward – Tokyo.pdf
Annex 18 – Note Verbale from Tokyo Embassy.pdf
Annex 19 – Property Valuation by Coral Corporation.pdf
Annex 20 – Letter from Coral Corporation – Clarification – 15th July 2010.pdf
Annex 21 – Legal letter from Lawyer S. Yanagawa.pdf
Annex 22a – MTC Minutes – 25th May 2009.pdf
Annex 22b – MTC Minutes – 8th June 2009.pdf
Annex 22c – MTC Minutes – 12th June 2009.pdf
Annex 24 – Letter from E.Korir to Tokyo – Purchase of Chancery – 28th May 2009.pdf
Annex 35 – Profile of Kijima International Legal Office.pdf
Annex 38 – Signed Sales Contract.pdf
Annex 41 – Copy of Cheques and Bank transaction documents.pdf
Annex 42 – Letter from N. Kuriyama – Responding to Parliamentary Committee Report – 22nd October 2010.pdf
Annex 43 – Letter from Tokyo Mitsubishi Bank – 27th October 2010.pdf
Annex 44 – Official Report of Fire Outbreak – From Meguro Fire Department.pdf
Annex 45 – Letter from Treasury – On Proceeds of Sale of Government Land in Lagos.pdf
Annex 46 – Letters to Clerk – Requesting for Clarification Sessions with Committee.pdf

You can download the 22 annexes in a zip file here

Wetangula Report

Posted by on 15th October 2010

Categories: Breaking News Ministries Open Government

Mzalendo has been able to obtain the complete Wetangula report from the departmental committee on Defence and Foreign Relations. You can read it in its entirety here

Many many thanks to Kawive of CRECO for obtaining the report and AfriCOG for copying and scanning i. Please note that the report we’ve uploaded only contains the findings, and does not contain the annexes containing the evidence on which the findings are based. These could be viewed at either CRECO or AfriCOG.

30 Dec 2:00 Update

Posted by on 30th December 2007

Categories: 2007 Elections Breaking News

9:00 Update

Posted by on 28th December 2007

Categories: 2007 Elections Breaking News

We’re now up to 95 constituencies, view the latest list here

BTW guys need to relax a bit on the requests for updates. We’re doing the best we can with our staff of two, and my laptop rapidly (and I do mean rapidly) approaching its deathbed. I was last in bed on Wednesday.

3:00 Update

Posted by on 28th December 2007

Categories: 2007 Elections Breaking News