Police Order on Mass Action Illegal 

The Coalition for Constitution Implementation Kenya (CCI Kenya) is terming the order by Kenya Police Banning Mass Action after the August Polls illegal and is stating that the Police Order is in itself a threat to Peace and stability during this electioneering period. 

CCI Kenya also notes that Police statement that they will arrest anyone refusing to accept the results is also illegal as the Police has got no role whatsoever in determining credibility of the polls result and further notes that the order has the potential of Raising credibility issues around the preparation of the August Polls.

CCI Kenya reminds the Police that Peaceful Assembly, Picketing and Procession is a right enshrined in the Bill of Rights and as the Constitution states in the Article 24 that the Rights enshrined in the Bill of Rights cannot be limited except by Law and to the extent that the limitation is Reasonable and Justifiable in an Open and Democratic Society based on Human Dignity, Equality and Freedom.

The Police cannot therefore unilaterally outlaw Mass Action unless they Justify to the Court of Law the reasons why they need to limit the Right to Mass Action.


CCI Kenya Press 

Jubilee the Ultimate Looser in the Doctors Jailing 

​Arguments being peddled around by Jubilee apologists that Doctors and other Civil Servants are not special to demand better welfare and pay when the rest of Kenyans are barely surviving does not hold water as their demands have not stopped the Jubilee regime from Implementating the article 43 of the Constitution of Kenya 2010 which Guarantee all Kenyans Right to Adequate food, water, healthcare, Education and social Security. 

It is preposterous for a government that is Constitutionally obligated to provide Social and economic rights to Kenyans to use their failure to provide Kenyans with Social Security as a weapon to belittle and de-legitimize the demands by Doctors and other Servants for better pay. 

That said, the other argument by the same Jubilee apologists that the Doctors had to be reprimanded for disobeying the Court Order does not hold water and is leaking at some point as the same Jubilee apologists were and have been tight lipped when the same Jubilee regime disobeyed numerous Court orders. 

The debacle has also exposed the soft underbelly of Kenyans who are the biggest looser as the provision of healthcare to kenyans have been grounded to a halt. In mature democracies, the Citizens would have jammed the courts and the Prison facilities in Solidarity with the Doctors But in our situation it is business as usual as long as you are not sick or have a sick relative. 

My take is that in the long run and at the end of all this, Jubilee Government and their apologists will be the biggest looser as they will be Left with an egg on the face. Me think that this incident and an earlier fining of KNUT and KUPPET officials will only serve to tighten the resolve of Civil Servants to vote out the corrupt Jubilee regime. It will also strengthen the resolve of Kenyans to vote out the corrupt Jubilee regime. 

Cidi Otieno 

Ngunjiri Wambugu Wrong on Raila Presidency 

In his opinion piece in the Star titled “Is Raila Presidency a Security Threat?” former ICC activist Ngunjiri Wambugu states that Raila is in the norm of making accusations against Jubilee government without providing evidence to support his claims and goes ahead to mention that Raila’s claims that National Intelligence Service (NIS) was interfering with the ongoing voter registration process, that NIS was behind recently multiple flagged voter registrations and shared identity cards, the capturing of people as registered yet they have not been registered and that NIS was taking Biometric Voter Registration (BVR) kits to Uganda and Ethiopia to register citizens of the two countries as voters in the August polls was a threat to Kenya’s National Security.  


Ngunjiri goes ahead to claim in his opinion piece that he (Ngunjiri) understands that the security apparatus have a problem with Raila because of the 1982 attempted coup and that he is aware that some retired generals had sworn that they cannot serve under a Raila presidency because of the coup allegations.


Ngunjiri further claims that Uganda and Ethiopia military states are conniving with Kenyan military to stop Raila from becoming president because Raila is a regional security threat and that the two military states who according to Ngunjiri have a history of sending their armies across their borders might send their army to Kenya should Raila win presidency in August to stop him (Raila) from ascending to power due to their (Uganda and Ethiopia) national Security interest which to him (Ngunjiri) is that Raila is affecting war on terror negatively which the three countries have singled out as a common regional security threat.  


It is my take that Ngunjiri either penned his opinion piece after revelations that a Jubilee MP escaped arrest in Uganda while the said MP’s Personal Assistant was arrested in Uganda for attempting to have Ugandans registered so that they can vote in the August polls or he is deliberately being economical with the truth. The arrest of the MP’s PA in Uganda negates claims by Ngunjiri that Raila was making claims without providing evidence. Furthermore, Raila did not claim that Uganda and Ethiopia governments were in the racket of registering their citizens to register as voters in the August polls for if that was the case, then the MP’s PA would have not been arrested in Uganda.


One wonders how Ngunjiri, a civilian who is contesting for a parliamentary seat in Nyeri could be privy to the on goings in the militaries of Kenya, Uganda and Ethiopia to an extent of knowing their common security strategies. Attempting to bring Uganda and Ethiopia militaries in his lopsided and politically skewed opinion is not only preposterous on the part of the former ICC activist but a serious threat to regional stability and has a potential of affecting regional integration and should be condemned with the contempt they deserve.


By pushing the narrative that Uganda and Ethiopia military could attack Kenya should Raila become the President in August, Ngunjiri is not only abusing the integrity and the ability of the Kenyan Security Apparatus to protect the territorial integrity and sovereignty of Kenya but is also an abuse to the sovereign power of the people of Kenya who have the right to elect leaders of their choice.

My advice to Ngunjiri Wambugu is that he should concentrate on his dwindling Nyeri Parliamentary Campaign instead of being overly obsessed with Raila.


Cidi Otieno


Mashinani Institute of Social Justice

Can EAC do an ECOWAS? 

In 1978, Tanzania Peoples Defense Force (TPDF) invaded Uganda after the then Uganda President Idi Amin who had taken over power in Uganda through a coup that removed Milton Obote from Power invaded Tanzania on October 27, 1978 thereby annexing the Kagera Salient. Uganda had then accused Tanzania of harboring Ugandan exiles in Tanzania who invaded Uganda on 17 September 1972 with an intention to remove Amin from Power.  

While declaring war on November 2, 1978 at the Diamond Jubilee Hall in Dar-es-salaam Tanzania, the then Tanzania President Julius Nyerere said “Sababu za kumpiga Amin tunazo, nia tunayo, na uwezo tunao” (We have the reasons to hit Amin, we have the ability to hit him and we have the determination to hit him). The TPDF pushed back the Uganda Forces and went ahead to remove Amin from power and restoring Obote to power. This was a big victory and a strong statement against capturing power through coups.

First forward in 2007, after the disputed Presidential elections in Kenya in which the incumbent President Mwai Kibaki was declared winner a result that was disputed by the then Opposition Leader Raila Odinga, the country descended into chaos ending up displacing many people from their homes and over 1000 deaths. There are claims that the Uganda President Yoweri Museveni sent Uganda People’s Defense Force (UPDF) to shore up Mwai Kibaki succeeding in maintaining Kibaki in power despite the fact that his election was disputed.

Unlike the Tanzania invasion of Uganda in 1978 in which dictator Amin who came into power through a coup, the Yoweri Museveni action in Kenya shored up a leadership that was accused of rigging elections to remain in power.

Burundi is currently having a crisis after the incumbent President Nkurunziza changed the Constitution removing term limits a move that plunged the country into chaos displacing thousands and more people dead. South Sudan is also facing a crisis that is related to elections in which President Salva Kiir is said to be plotting to stay in power for life a move that has plunged the country into chaos. In the two cases, President Museveni is being accused of supporting both Nkurunziza and Kiir a move that is seen as an affront against the will of the people.

Unlike in the Gambian case in which the Economic Community of West African States (ECOWAS) intervened to pressurize former President Yahya Jammeh to leave power for the democratically elected Adama Barrow, the East African Community (EAC) has been silent in cases where dictators have refused to leave power and have instead provided tacit support to the dictators refusing to leave power.

With the Kenyan election in August already showing signs of yielding a contested result with claims by the opposition that the government is planning to rig the results, talks of the incumbent refusing to accept the results and leave power should opposition win the polls, many are beginning to ask what the EAC will do should that be the case. 

Can Tanzania play the role Senegal played in pushing Jammeh out by pressurizing the incumbent to leave power? Can EAC tell the incumbent that enough is enough? Can EAC do an ECOWAS in such situation?

Fragmentation, Infiltration and Neutrality to make Kenyan CSOs ineffective in 2017 

​As we Usher 2017, fewer Kenyans are pegging their hopes on the Kenyan Civil Society Organizations (CSOs) as an entity that can tackle the excesses of the Jubilee regime. This is unlike decades ago when Kenyans placed their trust on the CSOs. 

More Kenyans are more likely to respond to Opposition call for action against the Jubilee regime than respond to CSOs and One might wonder why. 

One of the reasons why CSOs are increasingly becoming ineffective is due to high level fragmentation among the ranks of the Kenyan CSOs. This fragmentation has led to intense infighting that has exposed the entire sector to infiltration by state agents who during the day talk tough against the regime only to go to bed with the same regime at night. 

The sector has also been flooded by desktop activists who have a balcony view of the issues affecting Kenyans. This class will share issues at the Comfort of their high end Offices and or palatial homes and count the likes and shares their statements receive. When they come to the streets they wear fancy T Shirts and beautiful banners, disperse at the sight of police and retreat to their Comfort zones. 

The scramble for donor money among the CSOs makes the Berlin scramble for Africa a big joke. This has led to badmouthing all in a bid to win the CSO dollar. Recently a colleague in the trenches called me and told me to be careful not to find myself in wrong hands because together with some other Grassroots HRDs, we had been blacklisted. One wonders why CSO activist would blacklist One another. 

Finally neutrality among Kenyan CSOs at times when Kenyans are facing oppression has and will continue costing Kenyan CSOs the trust of Kenyans. This has made the majority average Kenyans believe that CSOs are in connivance with the ruling Jubilee regime. That Kenyan CSOs have carefully chosen their agenda not to harm the state is an open secret. This is why you will find Solidarity activities with Aleppo Killings But you are not likely to find the same against killings of innocent Kenyans by police during peaceful protests in Kisumu and Nairobi and or against Extra Judicial Killings in Mathare which is closer home. The silence of Kenyan CSO honchos on the planned peaceful Mass Action by opposition CORD is so loud. 

Silence during times of oppression is siding with the oppressor. 

All is however not lost. The Kenyan CSOs need to reclaim the space that was occupied by Release Political Prisoners now Rights Promotion and Protection Centre, NCEC and Muungano wa Mageuzi that minced no words while dealing with the then dictatorial Moi regime. Just like before 2002 General Elections when CSOs called on Kenyans to vote out KANU, todays CSOs need to call on Kenyans to vote out the ruling Jubilee regime that has milked Kenya dry due to corruption and has entrenched Tribalism and impunity. Already, Kenyan Grassroots Social Movements under the banner of Grassroots Social Movements Kenya have started Strategic partnership with the opposition to ensure this. 
The Kenyan CSOs need to partner with the Grassroots Social Movements to aggressively Conduct Political and Human Rights Education that is Education Kenyans on why they Should vote out the Jubilee regime instead of the usual City and Hotel based cosmetic Civic Education that is mostly geared towards responding to logical frameworks. 

Cidi Otieno 
Political Activist 

Kenya Should Adopt Traditional Rain Making Technology 

​Article 11 of the Constitution of Kenya 2010 recognises culture as the foundation of the nation and as the cumulative civilization of the Kenyan people and nation.

The article further obligates the state to among other things recognise the role of science and indigenous technologies in the development of the nation and promotion of the intellectual property rights of the people of Kenya.

The article also obligates the Senate and National Assembly to enact legislations to ensure that communities receive compensation or royalties for the use of their cultures and cultural heritage and to recognise and protect the ownership of indigenous seeds and plant varieties, their genetic and diverse characteristics and their use by the communities of Kenya.

The Kenyan Peasant Farmers Should therefore resist efforts by the Kenyan Government to kill their Right to control and own their seeds, their right to own land and farm inputs. The Kenyan Government Should promote banking of indigenous seeds, plants and animal varieties and also promote use of compost manure for the indigenous Peasant Farmers. 

The Government Should protect the Peasant Farmers’ right to produce for livelihoods and Should not force them to commercialize and produce for profit in a Global Market that is controlled by forces beyond their reach. Availability of food on the table of Peasant Families should not be determined by market forces but by promoting Peasant Farmers to produce for their livelihoods and consumption. 

The Kenyan Peasants Farmers need to push the Government to facilitate Indigenous Seeds exchange Programs among Peasant Farmers locally and Internationally. The Kenyan Government Should use its influence regionally to start calling on Africa’s Withdrawing from WTO and other Free Trade Agreements that are skewed against the Kenyan Peasant Farmers interests. Agriculture and Food should be removed from Trade. 

The Kenyan Government need to promote indigenous traditional weather forecast technology and traditional rain making technology that can be useful to the rain dependent agriculture commonly practiced by Peasant Farmers especially in this era of unpredictable weather patterns 

Cidi Otieno 
Kenyan Peasants League 

Constitution of Kenya (Amendment) (NO.2) Act 2016 is a Treasonable Offense 

The Coalition for Constitution Implementation Kenya (CCI Kenya) opposes with strongest possible terms the proposed Constitution of Kenyan (Amendment) (No.2) Act, 2016 that seek to amend Article 6 of the CoK 2010 to create another structure of governance called the Nairobi Capital City, Articles 88 and 89 of CoK that seek to take the role of delimitation of constituencies and ward boundaries in Nairobi from Independent Elections and Boundary Commission (IEBC), Article 98 of CoK that seek to reduce the number of senators to 46 from 48, Article 200 that seek to take management of Nairobi County to the National Government and the First Schedule of the Constitution of Kenya 2010 by deleting Nairobi County from the list of counties

Chapter Sixteen – Amendment of This Constitution 

The CCI Kenya notes that the amendment bill by Hon Kembi Gitura seek to change the structures of Devolved Government by reducing the Number of Counties, affects the independence of the IEBC in delimiting constituencies and ward boundaries, affects the Devolution and Sharing of Power which is one of the National Values under Article 11 of the Constitution of Kenya 2010 and affects the functions of parliament by reducing number of Senators and must therefore be done through a referendum pursuant to Article 255 of the Constitution of Kenya 2010 that states that any amendment related to the above issues must be done through a referendum as participation of the people is mandatory. 

CCI Kenya therefore warns Hon Kembi Gitura and the entire Parliament against debating the illegal Bill as all Kenyans including Hon Gitura and all Parliamentarians are obligated to Defend, Uphold and Respect the Constitution of Kenya 2010 as debating and passing the Kembi Gitura Bill amount to establishing a government that is not in compliance with the Constitution of Kenya 2010 and is a treasonable offense.  

Cidi Otieno 

Convener CCI Kenya