Summary of the Anti- Terror Laws: Hidden Power Grab

[Omollo]

All the DPP has to do is to say I plan to appeal and the judges right to make a determination as to whether a man shall go free vanishes in the thin air as the accused MUST then remain behind bars for 14 days. NOT while the case is being heard! NO! While the DPP is still writing his appeal. Gone is the court's discretionary powers

(c) in a matter where the subordinate court has granted bail to an accused person, and the Director of Public Prosecution has indicated his intention to apply for review of the order of the court, the order of the subordinate court shall be stayed for a period of fourteen days pending the filing of the application for revision.

[Omollo]

Some EJK targets are choosing to protect themselves and going for armoured vehicles. By definition an armoured vehicle does not pose any danger to anybody. In fact all vehicles should be armoured. Well, the killer squads want their bullets to hit the target so:

No person shall manufacture, assemble, purchase, acquire or have in his possession an armoured vehicle unless he holds a certificate of approval issued under this Act.

[Omollo]

Landlords beware. If you forget to note your tenant's email address utakiona. Many landlords are illiterate and may never become aware of this law. :

21A. (1) Every landlord of premises shall keep or cause to be kept records of every tenant who rents the premises.
(2) The records to be kept under subsection (1) shall include

[Omollo]

Good bye to owning land near airports. It doesn't matter who came there first. If they decided to build one near your home, I guess you will leave if an Ole Lenku decides so. I think this is targeting Somali owned properties in Nairobi.

[Omollo]

And some things that cannot possibly be implemented. Unless somebody is planning to retroactively implement this and embark on mass deportation of Somalis. This will lead to a new outcry and more resentment:

58. The Refugees Act is amended by inserting the following new section immediately.
Permitted number of refugees and asylum seekers in Kenya.
16A. (1) The number of refugees and asylum seekers permitted to stay in Kenya shall not exceed one hundred and fifty thousand persons.
(2) The National Assembly may vary the number of refugees or asylum seekers permitted to be in Kenya.
(3) Where the National Assembly varies the number of refugees or asylum seekers in Kenya, such a variation shall be applicable for a period not exceeding six months only.
(4) The National Assembly may review the period of variation for a further six months.

[Omollo]

Finally!!! The Special Branch is BACK!!! People. It is BACK and it is FURIOUS! The NIS was denied the power to detain people based on past abuses. Now they will be reopening Nyayo House. Opio has his old job back

Stoppage and detention.

[Omollo]

Security of Tenure for Director NIS is removed. I shade no tears there.  The following repealed:

[Omollo]

Though we know that the NIS has been bugging phones without warrants despite the law demanding so, here Uhuru decides to get rid of the pretence and deletes (2) below:

(2)The Service shall, prior to taking any action under this section, obtain a warrant under Part V.

[Omollo]

Good Bye Democracy! Good Bye Constitution! Goodbye The Right to Privacy! GoodBye the right to Life! It took Uhuru lesser time than the Father to fuck the constitution (non excuses for my language)!

(i) enter any place or obtain access to anything;
(ii) search for or remove or return, examine, take extracts from, make copies of or record in any manner the information, material, record, documents or thing;
(iii) monitor communication;
(iv) install, maintain or remove anything; or
(v) do anything considered necessary to preserve national security; and
(d) shall be specific and shall be valid for a period of one hundred and eighty days unless otherwise extended.

[Gorillaman]

Hahaha, we need these laws because of the levels of insecurity . Omollo this is meant to protect you unless perhaps you were planning a coup then you ll get worried.

[RV Pundit]

Must everything be mutually exclusively. Can you not provide security while not infringe on suspect fundamental rights and freedom. How would Uhuru feel if the ICC applied these laws on his case.

You cannot ask Kenya to trust our police or nis or kdf with more powers when their second name is corruption and abuse of office.

EJK is already allowed but you know most of the time it fails because even EJK cops send to kill Alshabab will demand for bribes and protection fee...and would be EJK victim will be let free. Only those who do not pay their way get killed.What law allows alshaabab to ship weapons to kenya using lorries ferrying sugar, rice and name it all the way from Kismayu to Kenya?

My prayers is that supreme court will do the right thing and throw back these laws. And in meantime police will use these laws to demand more bribes.

Hahaha, we need these laws because of the levels of insecurity . Omollo this is meant to protect you unless perhaps you were planning a coup then you ll get worried.

[Omollo]

I want to make it abundantly clear that even if it were Raila Odinga in power or my own mother, father, sister or brother in power passing these draconian laws, I would act no differently. A country must make progress and secure the ground it has covered. We went through this when Moi agreed to let go of these laws in 1997. If these were the laws keeping us safe why has it taken nearly twenty years of normal level crime? Why did not the crime immediately hit the roof hours after they were repealed?

The one man I would love to listen to is Kiraitu Murungi. He is the one who seconded the bill that repealed the laws. I will be posting the speech he made in parliament on that august occasion. He boasted that they had ended the excuse for coups d'etat and underground activities. I would want to know if he still believes the same and if not why he still belongs to an alliance that effectively made nonsense of years of efforts. He was handed multiple matusi by many in opposition who felt he was selling out. Looking at it now, Moi went a very long distance to get rid of those laws. He had discovered the power of negotiation and compromise. He realized you could talk to The Devil and find a Lowest Common Denominator and from there agree on the Highest Common Denominator.  He no longer needed those laws which meant using force to achieve nothing and create more resentment when he could use peaceful means and get a long queue of politicians outside state house gates seeking an audience - some at night.

[RV Pundit]

It is saddening. I am okay with usual politicking from all sides but there are issues we need to draw the line. Sadly most of us cannot make distinction from politics and real national cross-cutting fundamental issues. The bill of rights is MORE IMPORTANT than anything else in the constitution  and it's where we need to draw the line.

I want to make it abundantly clear that even if it were Raila Odinga in power or my own mother, father, sister or brother in power passing these draconian laws, I would act no differently. A country must make progress and secure the ground it has covered. We went through this when Moi agreed to let go of these laws in 1997. If these were the laws keeping us safe why has it taken nearly twenty years of normal level crime? Why did not the crime immediately hit the roof hours after they were repealed?

The one man I would love to listen to is Kiraitu Murungi. He is the one who seconded the bill that repealed the laws. I will be posting the speech he made in parliament on that august occasion. He boasted that they had ended the excuse for coups d'etat and underground activities. I would want to know if he still believes the same and if not why he still belongs to an alliance that effectively made nonsense of years of efforts. He was handed multiple matusi by many in opposition who felt he was selling out. Looking at it now, Moi went a very long distance to get rid of those laws. He had discovered the power of negotiation and compromise. He realized you could talk to The Devil and find a Lowest Common Denominator and from there agree on the Highest Common Denominator.  He no longer needed those laws which meant using force to achieve nothing and create more resentment when he could use peaceful means and get a long queue of politicians outside state house gates seeking an audience - some at night.

[Omollo]

Pundit

You know at the root of this problem is the fact that there is not a single person in the current government who remembers Joseph (of the Old Testament who had ruled Egypt as an adopted Prince and heir of the Pharao).

At best he has KANU apparatchiks - former DOs (Kimemia), Mandarins (Kinyua) etc. At worst he has persons who had no idea what was going on in the country. I believe Sonko was either in prison or conning somebody. So Uhuru who at the time was a blind alcoholic, has no idea what these changes mean.

[RV Pundit]

Yes Kibaki is much better than these tolders;and kibaki nearly dragged kenya into pev; running gov in africa require wisdom or else you have coups,dictatorship and all sort of messes; the quality of uhuru advisors is a very worrying. I doubt there is one intellectual with phd in anything near him. Prof Kagwanja of PNU is an outsider. The guy is sorrounded either by his elite buddies of st marys or similar crooks from outside..and the only real input coming is from wakina gen matumbo. They seem to have even shoved aside the mortician AG. Sonko and Kuria seem to be driving the agenda.

Pundit

You know at the root of this problem is the fact that there is not a single person in the current government who remembers Joseph (of the Old Testament who had ruled Egypt as an adopted Prince and heir of the Pharao).

At best he has KANU apparatchiks - former DOs (Kimemia), Mandarins (Kinyua) etc. At worst he has persons who had no idea what was going on in the country. I believe Sonko was either in prison or conning somebody. So Uhuru who at the time was a blind alcoholic, has no idea what these changes mean.

[Omollo]

What is your prognosis? Do you think Kuria and Sonko can run a nation?

My prediction is that he will be shoved aside in a coup not by Raila or Opposition but by persons close to him who may have greater disdain for him than us. Karangi could but give he has become to obvious, I can see some serious minded Kikuyu Officer shoving them all to a common grave and blaming mutinous soldiers, killing a few loyalists and claiming he had killed the killers. end of story.

[RV Pundit]

It's not happening. Our KDF are eating too much to be opinionated. The only challenge for Uhuru is 2017 elections. This will be his second ran and as always you expect a lot of disillusioned folks like me voting elsewhere...so he will try to rig like Kibaki...and this time CORD will not go to court...so we will have PEV REDUX...Uhuru unlike Kibaki will not hesistate to drive the country to precipe.

The next and only challenge for Uhuru and our beloved nation is 2017 election..which is mere 2yrs from now.

Will gov even have room to think of handing power..or they are thinking they are invincible? Personally despite the opinion polls,my MOAS tell me, they have to be worried, the luhyas  are united behind CORD...there is nothing UhuRuto can do to appease Luhyas...they left maDVD and Wamalwa to be eaten alive. In Kamba..Jubilee have a weak point..but in Isaac-Zakayo-Kipsigis are restless...COAST and NEP with terrorism...forget it.

In short the country is 50-50 and just buying time for a meltdown in 2017. Raila contrary to opinion poll has eaten Amani's 4% and is now neck to neck with Uhuru...49% versus 49%.

What is your prognosis? Do you think Kuria and Sonko can run a nation?

My prediction is that he will be shoved aside in a coup not by Raila or Opposition but by persons close to him who may have greater disdain for him than us. Karangi could but give he has become to obvious, I can see some serious minded Kikuyu Officer shoving them all to a common grave and blaming mutinous soldiers, killing a few loyalists and claiming he had killed the killers. end of story.

[Omollo]

Interesting. What could Uhuru offer Kambas to vote for him? He has two powerful forces there - Ngilu and Kalonzo. Just like Raila and Kibaki  learned, you can't have both in one basket at any given time. So Uhuru keeps Ngilu and her dwindling fortunes or he takes kalonzo and dumps Ngilu who walks away with a larger portion including sympathy votes and those who will see Kalonzo as traitor again.

If they choose the open nomination and allow Wetangula to run equally against Raila, Kalonzo, Joho, and somebody from NEP, and stretch it for a long time but be tightly knit, they have it on a platter. I would have gone for a revolution. Get somebody from Coast (not Joho) may be governor Mvuria and back him. A total stranger who TNA would have a problem researching and who can then benefit from the CORD machine. That is however not possible. Raila, like Sata and Gbagbo wants to take one last stab at power.

I doubt the 50:50. NEP and large part of Coast that voted Jubilee are going out thanks to this new bill. Duale is history. He will never see the inside of parliament the rest of his life. He better collect his money and start investing in business because his legal practice was backed by Somalis with grievances and they will not trust him even after he leaves office. He has a hostile governor on the ground working daily to undermine him. A governor armed with unlimited Devolution cash. All in all it is not just Amani that ODM swallowed. Jubilee has lost even if ODM has not inherited.

[Omollo]

You have got this absolutely right. The consensus from the grassroots to the top is that the courts played their only ace in 2013. Like Gicheru in 2007, Mutungi will wait for a petition to throw away he will never see it. We know Jubilee will use somebody like Mung'aro to file a friendly petition. But we know Kibaki tried the same in 2007 so that is not an issue.

Our biggest concern is Raila's tendency to want to talk and compromise. We are pushing to ensure that no compromise is the mantra.

You say Uhuru is willing to take the country to the precipice. We are ready to go beyond the precipice in to the abyss itself. We have seen enough arrogance.

About ICC, they can go to hell. Once we have power, we shall do what Uhuru and Bashir did. They are not the only ones to learn lessons. I will personally advocate not for the harming of civilians but targeting the oppressive Jubilee machinery. We have had enough time to prepare. And if they call us terrorists, we shall say we are fighting a dictatorship. Balanced.

so he will try to rig like Kibaki...and this time CORD will not go to court...so we will have PEV REDUX...Uhuru unlike Kibaki will not hesitate to drive the country to precipe.

[RV Pundit]

It's too early to do tribal maths but i'd say Uhuru enjoys advantage of incumbency (and of course the disadvantage of having to deliver promises and get blamed for everything wrong) but CORD have 3 of the big 5 in their corner.

Interesting. What could Uhuru offer Kambas to vote for him? He has two powerful forces there - Ngilu and Kalonzo. Just like Raila and Kibaki  learned, you can't have both in one basket at any given time. So Uhuru keeps Ngilu and her dwindling fortunes or he takes kalonzo and dumps Ngilu who walks away with a larger portion including sympathy votes and those who will see Kalonzo as traitor again.

If they choose the open nomination and allow Wetangula to run equally against Raila, Kalonzo, Joho, and somebody from NEP, and stretch it for a long time but be tightly knit, they have it on a platter. I would have gone for a revolution. Get somebody from Coast (not Joho) may be governor Mvuria and back him. A total stranger who TNA would have a problem researching and who can then benefit from the CORD machine. That is however not possible. Raila, like Sata and Gbagbo wants to take one last stab at power.

I doubt the 50:50. NEP and large part of Coast that voted Jubilee are going out thanks to this new bill. Duale is history. He will never see the inside of parliament the rest of his life. He better collect his money and start investing in business because his legal practice was backed by Somalis with grievances and they will not trust him even after he leaves office. He has a hostile governor on the ground working daily to undermine him. A governor armed with unlimited Devolution cash. All in all it is not just Amani that ODM swallowed. Jubilee has lost even if ODM has not inherited.