THE LAW : Unconstitutional constitutionalism?

The business of running The Government of any Republic is an Institution solely and squarely rested upon the shoulders of the elected representatives of the far and wide ranging constituencies that make up The Republic. The constituents engage in General Elections periodically as set-up by The Constitution they constituted to elect their representatives who directly participate in the distribution of the National Resources while at the same time carrying out duties and responsibilities geared at developing and growing or expanding the the different infrastructural facilities of the republic on behalf of the citizenry. The Constitution as such is a set of rules and regulations t5hat define the specific duties and responsibilities of the elected government officers as well as guide the relationships between the constituents themselves, the constituents and the government and the distribution of the resources.The government is made-up of the executive,the legislature and the judiciary.The constitution enshrines the expressions of the constituents who are the signatories. This proposed constitution does not hold any water in any sense whatsoever with regard to pertinent issues forming the core of the constitution as sovereignty, territory and jurisdiction.This proposed constitution is wholesomely unconstitutional, a non-starter because its sovereignty, its territory and its jurisdiction have been infiltrated and prejudiced by another sovereign state with its own territorial borders and jurisdiction in the name of Oman. The very acknowledgment and recognition of another superior law from without the territorial boundaries of the land , space and sea borders of another sovereign republic is an error with far and wide reaching ramifications, implications and consequences which border around the offenses of treason and the acts of a coup, however subtly or subversively packaged in a constitution. Thus the proposed constitution as a legal document is porous. The Kadhi courts purport to cater for the Islamic family issues to do with marriage, divorce and inheritance which adequately fall under the category of Customary Law already within the same document. It is a case of double standards for otherwise the other religious institutions such as Hinduism, Jainism, Judaism etc including all the denominations under Christianity have the same right to religious courts according to their sacred books and customary law. Furthermore, these Kadhi courts are run by the tax payers money of all religions.This is a case of Islamic Imperialism at work. We have seen it in the Republic of Somali ( TFG vs Al-Shabaab ), we have seen it divide the republic of Nigeria in to Northern -Sharia-Law Islamic States and southern democratic christian states; it has been a bone of contention in the Republic of Sudan who have a referendum along the same lines as ours ( the fought for 20years and the outcome of their referendum will either be interpreted to materialize in to two independent states or one state.) We see it in Zanzibar where they have a loose union of two states within a state. The Kadhi court pact as it is can not be accepted by any conscious state e.g. Israel, U.S.A. , those in Europe, Asia etc. We could cite Martial Law to prove that territories, boundaries and jurisdictions are the core defining constituents of any sovereign state enshrined within the constitution made-up wholly and solely by the people, for the people and of the people of any republic. This Islamic Imperialism is indeed a threat not only to Kenya but to the to the secular world as a whole. It has its forces in the name of Al-Qaeda and its constituent arms like Al-Shabaab who have caused innocent lives at home and the world over as we all know. Further more when this Kadhi courts pact or deal was being signed, no constituent of any of the far and wide reaching constituencies of the republic of Kenya was party or privy to it. It was a closed-door affair between the ruling household of Oman , the then colonial power and a Kenyan or two representing themselves. Mind you, society precedes the individual. Will Kenyans be pledging their loyalty to two seats of power? This proposed constitution is as porous as the perimeter wall of the dikes built by the Netherlands that at one time almost drowned the city cause of one loose building constituent block or clause for that matter. Its like a legal document with ambiguous legal jargon s being presented for signature to the lay-men constituting the republic. State and religion should remain separate as is the practice the world over in secular democratic societies. One country, one law. This double standard practice has been a fallacious precedent in a recent Kenya court ruling whereby the magistrate gave a clean bill of health legitimizing the formerly illegal criminal organization purporting to secede the ten-mile strip coast region based on a treaty signed in the colonial days between the British government,the Sultan of Oman and the rest of Kenya at that time being a British protectorate.The indigenous peoples of the coast at that time were not represented nor were they party to those proceedings that formed the treaty leasing the 10-mile strip to Kenya for 99 years which comes to a close in 2013 or thereabouts. The government quickly retraced its steps and quashed the ruling again outlawing the criminal organization and unleashing its para military troops to the rescue of the other Kenyans in the coast. But that just reveals yet again that the government is sleeping on its job, what with one hand doing what the other hand is not aware of till things get to a clog! Later.

CULTURE: Society and Religion.

Life is so old on planet earth and the solar system at large so much than time which happens to be a by-the-way-affair discovery and modification in to the present Jan-Dec Cycles. Hey, man is the worst of animals because he destroys massively at a very first rate the ecosystem and life.In the old stone-age times man was living in a real jungle without a piece or slab of cement any where, you get the picture I am trying to paint? Man was a Hunter-Gatherer fisherman and he had neither developed civilization. People in the strict sense of the term had not yet developed personality nor the faculties of their minds and were behaving like the beasts in the wild. There was neither domestication of animals or plants. Man lived in the caves in small pockets of communities that differed in numbers as determined by the proximity of the next cave in the forests surrounded by the deep mysteries that beheld the imagination of everyone,including the indigenous and the stranger/alien/foreigner. The communities were caught in the "spell" that surrounded the rivers and the lakes and the vast oceans and the valleys and the range of hills that demarcated the tribal borders and the magnanimous mountains that had stood the test of time. Nowadays present man is so different if the dead woke from their graves they would be shocked-back to their graves automatically, there and then ,just at a mere glimpse and say through a simple presentation of a lap-top and some live video footage of different parts of the planet earth which means quiet a lot from the term the world, denoting more of caucus of United Nations as aired by the different news channels. Take Religion for instance; there were no rituals to commemorate even the birth of a new born baby or the passing away of people, humanity goes that far back! Different cultures of reverence and worship grew and developed thousands/millions of year later. The Special Theory of Creation as opposed to that of The Big Bang Theory logically concludes that the seven days of/in creations were anywhere in the range of millions of years that saw the coming and passing of the Glacial and Ice Ages that exhibited the likes of the mammoths and the mythical flying dragon that was slew by somebody in the mythologies. Remember Jurassic Park?,Yes those were the days I was talking about when even man had not yet come in to the picture and a lot of other plants and animals. The Seas, the oceans and space had not yet been conquered, there were no homesteads and that is the picture resembling the the scenario surrounding our dear Mr.Adam and Mrs.Eve Adam.We do not know Adams second name mind you and it would also do a great favor to remember that there were no marriage certificates or Cadillac limousines called upon by the gods and goddesses nor best men nor brides maids,just the two somewhere in the middle of amazon or the Masai Mara. The two major Religions originated from and at a particular time and place. Different languages had not even come in to being and there were only what could be described as mere squirks and shrieks.Organized society in terms of government and the constitution of laws ordering the conduct and behavior of man hadn't come into being either nor developed. The air waves were filled with the sound of drums coming from across the valleys and the sloppy hills and sometimes you had to use a trumpet made from a mammoth's horn, there was no such thing airtime or broadcasting stations. People consulted mediums/oracles {shamans and high priests} whilst and wars were fought with bows,arrows, spears and masks. Clothes in their present meaning were substituted by a thin string around the waist with only a tree,bush or herb leaf cover, i.e. before hide replaced the leaves. The human race indeed comes a long way and it's quiet surprising that at present there are so many wars and conflicts the world over due to differences in comprehending and appreciating the fact that we all ascend back to a common ancestor as shown by the similarities in common themes across the religious spectrum as well as structural/psychological similarities in languages/culture.If only we could all the world-over realize that we are the image of one old ancestor we could be able to live happily together easily tolerating our differences without the need of demarcations or weapons of mass destruction for that matter , don't you think so?

STATE TERROR : Sexual Harassment / Indecent Assault.

Hi virtuals below is a pasted copy of a letter I wrote to The Law Society of Kenya of the consequence of events that culminated in the state { ODM secretariat part of the coalition government } indecently assaulting my reproductive organs. I've had to paste it due to lack of funds since the odm secretariat has made sure I'm financially incapacitated and thus unable to express myself through this forum. I Erick Otieno Mango would like to seek justice through your legal fraternity concerning the above crime. I alerted your legal body around last week while I partook to follow the laid down procedure which was cut short due to negligence cum arrogance. Thus, I have written a statement with the Administration Police at The Coast Provincial Headquarters as well as with MUHURI, the legal aid for persons who can't afford legal fees. It is most unfortunate that all the above concerned have been compromised in one way or the other the result of which I am being taken in circles to date and there is no will to let the full force of the law take its course. Below is a copy of the full consequence of events resulting in the indecent assault that I wrote to MUHURI as the complainant statement: "It was on Monday The 16th of January 2012between 0930hrs and 1000hrs at the main gates of The Coast Provincial Head quarters where I intended to pay a courtesy call at The Immigration Department. I had no belt on and as such had to pocket my hands to hold the trousers together and that started all the hullabaloo. I was confronted by around seven to eight Administration Police Officers where the above mentioned female officer broke all protocol and decided to take the search / frisking of a male citizen into her arms. She was angry that I had my arms pocketed despite the explanation given above and inquired as to whether I was holding on to anything private or illegal. She had that well carved rung u instead of the usual metal detector and her mood was pathetic because she was high-tempered since she came to me so fast her male colleagues had to let her front the frisking. She went about frisking me all over and when she came to my apart legs and was through she could not help jostling, prodding and knocking my testicles from below as would somebody playing bowling. I could not believe my eyes and was dumb-struck for a / the moment till the now crescending sense of pain after the second knock on my private reproductive organ, the testicles jumped me back to my senses and I had to shriek at her asking 'Sasa wanipigia nini makende yangu?' That is when the swarm of the other male A.P.'s who had formed a kind of ring around us moved back breaking the gathering and the woman A.P. realized she was grossly misbehaving in her zeal to search my body. I concluded she was either a pervert or had issues with the male reproductive organs for such behavior is never exhibited by straight women in public unless they are in an intimate relationship and then only in the comfort of their privacy. The behavior she exhibited showed she had an abnormal obsession om my manhood. It was then that one of her male A.P. colleagues signaled me aside and advised me to go search for even a rope to temporarily hold my trousers. I found a rope from a nearby mkokoteni {hand cart } fruit vendor which I used to belt my trousers and now on the second attempt at the gates, due protocol was followed for I was now frisked by a male A.P. who did not bother my reproductive organ at all. All the while this second time the guilty female A.P. had safely distanced herself from outside the main gates and was now moving chairs here and there inside the main gates close to the small chamber specifically made for guard manning such gates. So I was now allowed in where I went to The Immigration Department, partook of my affairs and went back-out through the same main gates. I gathered that the errant female A.P. must have been advised by her colleagues or due to her shyness resulting from the guilt of her behavior to move and stay aside and let the correct conduct take its course. I have been in communication with LSK, Central Police Station and the A.P.'s boss with whom I left a coerced statement." Reliefs Sought: {1] Fees to cover testicle medical check-up, {2} Fess to cover psychological pain / trauma counseling, {3} Medico-legal valuation for financial compensation, {4} Public apology by the errant officer, {5} Suspension from duty of the errant officer justice is seen to have been delivered. The above statement was made at The Muhuri Headquarters in Mombasa and signed on the 19th of January 2012. I also made two separate statements to your legal fraternity describing the ordeal I went through when writing the other A.P. statement at The Coast Provincial Headquarters. Hence the fear of the same and / or worse ordeal happening to me again at the hands of these powerful Administration Officers is what stopped me from meeting The Deputy Coast Provincial Commissioner without the presence of a lawyer. These were the directives of the legal aid clinic, MUHURI which I found wanting and sounded compromised.This is because earlier on the A.P. boss I'd made a statement with had threatened me with arrest and prosecution which would result in a long jail term claiming mine were false allegations. This in addition to the names he had sarcastically referred me to. Thus in addition to the above five demands, I would also like the courts of law to subject the errant female A.P. to a medical mental check-up to ascertain the sanity of her mind.I doubt she has a sound mind unless what she did reminiscent of "The Nyayo Torture Chambers" was premeditated. I want to believe I am equal before the laws of Kenya and that under the new constitutional dispensation, that nobody is above the law. Will your legal body please help me? Thank you in advance. Well, to date nothing happened in terms of legal course action just like my "accident victim's compensation" case is being delayed so as to deny me justice. I would hereby like to state that indeed I feel like I'm living on borrowed time in Kenya as a Kenyan and the situation now has changed to death threats either through food poisoning or another stage managed jail term especially as we near the elections. There is no goodwill and it's just a "wait and see case."

POLITICS: Reclamation / Reconnaissance of The Reform Agenda

I have the pleasure to share with you the humorous side of Kenya political affairs as the stakeholders struggle against the old forces of impunity in the new constitutional dispensation. It was just the other day that I realized after 48 years of independence that In fact Kenya as a political entity actually belongs to neither the all and sundry citizens, nor to the political / colonial masters who drew the boundaries that defined the sovereign republic, nor to the home guards who were handed-over the political responsibility of governing the country. Kenya has its owners...there is a constant scramble for Kenya at all times meaning it is for those who win their way in to the governing reigns, only. The election winners at any given election usually take over everything from the top echelons of government to the basic grass-root administration. They become automatically above the law till such a time when they are elected-out of government.The country is for those chosen few and this is what the new constitutional dispensation is trying to change.The law is applied selectively for their is always the double-standard practice when it comes to justice. Those wielding power work hand in hand with the business class that supports their stay in power and the judiciary is turned into a circus. Indeed I can state without blinking an eyelid that our brothers the home-guards have become the chief betrayers of the war / struggle of emancipation from the yokes or autocracy / dictatorship, literacy, civilization and humanity as a whole. They have been / are always busy perpetrating that evil chain of looting and robbing the poor uninformed masses of the country who form the electoral majority anyway. They are very good at exploiting the primitive and laity of this electoral majority such that it is always their people in government. They fan their ethnic emotions knowing well that lacking the capacity to think and thus reason scientifically, the primitive lay will always follow blindly the beckons of their 'tribal chiefs' who disguise themselves as nationalistic leaders. That is why the politics of this 'no man's land' always revolves around the ' ...and now it is our time to eat ...' theme.The tribal chiefs responsible for the distribution of resources to all the citizens in an equal manner as prescribed by the constitution way-lay these 'belief-myth personality-culture' mass of primitive tribes men during election time when their tribe-psyche is highly infected by the election fever hording them to give them their votes, only to turn to the well known 'high-way robbers' that they have been since their predecessors the home-guards were given the mantle of self-governance.Indeed , they become the 'Big-Fish' after being elected and immediately begin preying on the same mass of the primitive lay tribes people that licensed them to govern on their behalf. Our government without apologies are the same as the 'Pigs in Animal Farm' who claim to be more equal than the rest of the farm occupants and thus hold themselves above the law squandering / scrambling for the resources of the republic with their families and business friends with whom they share class. They have become worse than the former colonialists in that they have no development agenda in their hearts or in their en devour to win elections and take over the reigns of government. Thus , without knowing they willingly turn to primitive immature thought processes which belittles any cause there might originally have been of struggling for indepence from the colonialists. You will agree with me that there is nothing worse than to be enslaved with your own brother as compared to with a stranger from beyond seven seas.The chief clamour for the emancipation from the slavery of colonianism was land of which our brothers the pigs / big fish have all taken leaving the primitive, lay tribesman loitering as a squatter or stranger.That is why the growing silently informed numbers would rather we were given indepence late, say after the turn of the millenium so that our society would have developed through / fast enough with the wave of industrial revolution. The African leader has turned-out to be very selfish unlike the selfless colonial master who has at heart but the humane need to develope the infrastructure of the land .Kenya would be as developed as South Africa and our laws would be as democratic as those of Europe or The U.S.A.. Thanks in advance for lending me your ears, I will share more with you latter.

POLITICS : Civil Strife;Ethnic Clashes, Teachers / Doctors Strikes

Hi everybody out there, Kenya is on the path to hell slowly but sure though the stake-holders are making efforts to bring back peace, love and harmony......Well, to begin with the Tana Delta in the Coast has experienced bloodshed due to two warring communities, namely the Pokomos and The Ormas unleashing terror on each other even in the presence of beefed-up security. This follows in the wake of the gunning down of a fiery Muslim cleric in the island where the prevailing chaos saw cops and civilians injured and killed. Now the heat turned-up in Tana Delta and 9 cops so far have been killed including other like 95 civilians. Over 5000 people have been internally displaced as well running for their dear lives in safer districts. The militia men from the two tribes are said to be armed with guns more powerful than the policemen s and in other cases they just hack them to death using machetes, they have the options of using spears, bows and arrows as well.One would be mistaken to think all this is happening in a "no man's land" The president issued a dawn to dusk curfew but the killings went on so the government is deliberating on unleashing the military on them. The cops say their arms are kinda tied so they can't use force lest they be subjected to court proceeding like in the case of their immediate predecessor boss who was sent to The ICC for crimes emanating from the 2007 post-election violence.The cops also claim they've got no enough food supplies nor bullets to speak of, and they've got only a pair of uniforms each to go!They are outnumbered as well for the raiders attack in groups of between 200 and 300.Houses have been torched and razed to the ground!Even cows were burnt to death! Mind you elections are barely 6 months in the waiting. Teachers strike has entered day 12 as per now and it's interesting to note that their genuine grievances can be originally traced back to 1997 during the former president Moi's regime. In 1997 it appears they arm twisted the government into signing a legal notice agreement cause come the new government in 2002, the legal notice was am mended without the teachers participation or consent to include only two categories of allowances namely teachers serving in special schools { 4 the handicapped } and those in hardship areas. They are demanding a 300% pay rise to harmonize their salaries with the rest of the civil servants who get between 12,000/- and 25,000/- for the same job grade/level.It's now 2012 and Kibaki, the incumbent never implemented their demands ever since He took the reigns of government in 2002, i.e. 10 years down the line.The teachers may have genuine grievances but always staging strikes just before general elections and when the national examinations for primary and high school students are about to occur is like blackmailing the government and using innocent school kids as human shields in their pursuit for decent wages and working conditions, as much as their grievances may be genuine. The doctors also begun their strike yesterday and all public hospitals have been left only with consultants to cater for emergency cases: no specialized surgeries or clinics just the bare basics.The Malindi district hospital admitting in the Tana Delta casualties is in a pathetic situation commensurate with the other public hospitals country-wide. The Doctors receive special kudos despite their strike for they have masked it with a human face and their compatriots at this particular Malindi district hospital have been exempted by their colleagues to participate in the strike. The only exception involves logistics whereby the hospital lacks basic such as gloves, painkillers, sutures, chest blood draining test tubes for bullet wounds and they've relied on private hospitals for these necessary medical supplies. The government as usual is always caught unawares and they begin undertaking to save the situation long after individual patriots have shown the philanthropic path.. The data given by medics in Kenya is that there's only 16 doctors to every 100,000 Kenyans whilst the W.H.O. requirement's 100 for every 100,000 people. Funny isn't it? Later virtuals logistics.

State Terror : X-Files

Hi global audience, I wonder how the situation in your respective countries compares with mine in regard to victims of subversive/covert state terror. After by-laws were specifically choreographed to stage-manage my systematic discrimination/stigmatization in employment in the teaching and tourism sectors,I swallowed hard, turned a blind eye and decided to continue my endevours to lead a decent life commensurate with the training and experience I'd garnered over the years. I did casual labor and anything that came my way just to survive and see another day. I embarked on a sales and marketing agenda and begun with the Insurance Industry. I learn t during my 3-month short stint tenure as a sales/marketing person for one Pioneer Assurance Ltd that The African populace still lags behind in terms of insurance exposure and information. The lay had rather manage their savings accounts than bank their future security on insurance premiums which is largely news to them. Very few people engage their meager resources on insurance premiums.Then,on the other hand , a majority { 99% } of companies requiring sales and marketing services provide a retainer for their sales agents. You work-out the equations your way and only get paid on commission based on sales. The ODM secretariat tracked me and made sure I wasn't gonna make any sales whatsoever, only marketing; this I realized for for the 3 and a half months I worked there visiting all the prescribed companies that qualified for a contract with us, I made no sales although new recruit agents who came way behind me managed to freely make sales "here and there." Thus, was I forced to quit. I then enthusiastically joined another micro-finance company called Blue Ltd providing long and short term loans to prescribed companies both in the public and private sectors. I was thrilled cause we were engaging loans of up to KShs 500,000 within 4 8-hour working days which translated to accessing half-a-million within 1 and a half days. The interest rates left something to desire compared with the established banks but that was comprehensible since Blue Ltd asked for no collateral s all they needed was one's pay slip. Nonetheless, this en devour also became a tall order since teachers who were our main target had their hands tied by the government which had introduced something called "the a-third rule factor" which meant for them to qualify for our loans they could only borrow so much as to leave a third of their salaries untouched once they begun remitting their interests from their attached salaries. This disqualified most of them for lots were still servicing loans they had taken earlier-on. Either way, still late agent-recruits could ironically manage to to fish 1 or 2 loaners while my poor-tracked me was left doing the marketing without any hopes at sales. I decided to quit all together after it dawned upon my old good self that I was being taken for a ride. Trying to get employment with those sales/marketing companies providing retainers was a pipe dream though I tried. Later, logistics.

Politics: Counter Terrorism, Civil Strife and Street Running Battles

If you happen to be the target of some political dinosaur, democratic infant of the dark Jurassic-mammoth ice ages, then be assured you will never be liable to transact any kind of financial contract/agreement for years on end unless some miraculous intervention happens from liberal, progressive,civilized, informed and exposed forces.I can attest to that for my life besides having been hijacked has been wholly financially incapacitated to the extent of being rendered an unwilling dependent. I got a god-sent opportunity to teach at a primary school in Mombasa for like 1 month temporarily substituting a lady teacher who had slipped in her bathroom and broke her lower jaw rendering her incapable of giving lessons/classes. The earning rates were KShs200 per day and I collected the total at the end of that month.Thus the administration was kinda bewildered by my performance and asked me to apply for a permanent post which was going to fall vacant in the foreseeable future which I did as a matter of urgency only to be told on the eve of the interview that the ministry of education had resuscitated/enforced some by-laws which had been in existence but hadn't been implemented and as such the administration asked me to check for further clarification regarding that matter with the ministry of education secretariat at the civil service headquarters. The secretariat duly informed me that the government had put in place regulations demanding that from then henceforth both public and private schools were under obligation to strictly employ only Bachelor of Education graduates who had registered with the Teachers Service Commission and as such held a valid TSC number. Secondly,unrestrained graduate teachers were also no longer eligible for contractual employment. That these by-laws exempted those untrained graduate teachers who happened to have been contracted before the coming into force of those by-laws. Thus my chance to join the job markets fixed-income fray hit a snug once more. I realized a month or so later that this hullabaloo was all stage-managed just to take care of my endevours to emancipate myself and gain financial independence. Everybody else was still being recruited in the same old ways and I was the exception.Hmm m.. When I went sometimes later to seek a free lance tour guiding license, the rules were again twisted with impunity and I was told the new regulations demanded one to have a certificate in tour guiding notwithstanding the tour/safari guiding experience one carried with them from the companies they had previously been working for. Such guides were considered before the new regulations! Sometimes last week a fiery Muslim cleric was shot dead as he drove home with his family and this drove the Muslim community crazy to the streets burning down innocent churches and killing and maiming other civilians as well as dozens of policemen. Mombasa hasn't cooled yet to its former state before the Muslim cleric was gunned down.It has affected the tourism industry just like way back in 1997 when the indigenous coastal s caused terror mayhem claiming secession like they are now only they are much more organized under the caucus of Mombasa Republican Council. In 1997, I was then a tour guide and happened to have been caught in the mayhem ,though fortunately after completing our tour at the South Coast and were now on the process of transferring the tourists back to their hotels. Apparently, just to mention,one amongst those tourists was this beautiful Belgium girl/student travel ling with her family with whom we maintained correspondence even after I'd joined the university in Nairobi.She's the one who'd sent me the La Rousse de Poche I'd mentioned earlier and her other souvenirs which I held dear was a gigantic/calumnious La Rousse de Poche French/English dictionary and a Michael Jackson the late 2-in-1 album which I used to listen to a lot after my days hustings in the streets of Nairobi. When we were transferring the tourists then we were obliged to book them in any available hotel as a case of emergency and you can imagine there weren't many to go given the rush and the suddenness.When I had to run as a fugitive to save the life I lived in Nairobi, and had to take the La Rousse text, I couldn't help remembering the events of 1997. Hell, the doctors are also on the verge of a nation wide strike; the teachers have already launched theirs and a section of civil servants are threatening to follow suit in due time. The ODM secretariat have hijacked my life leaving one without access, choice or purchasing power so to speak of. I can't even pay my higher education loan I borrowed from the government which is still accruing interest to date. Later virtuals, logistics.