Miguna Miguna’s book PART ONE


Here is an explosive memoir of the Kibaki- Raila relations during the 2008 signing of the National Accord that heightened tension in the country. Here are some excerpts from the book written by former Prime Minister Raila Odinga’s coalition’s adviser Miguna Miguna.

“President Kibaki walked out of a top-level reconciliation meeting he was meant to co-chair without uttering a word at the height of coalition tensions in 2009.

The walkout underlined what Miguna claims was a troubled and unequal relationship between the President and Prime Minister Raila Odinga who led a coalition of the Party of National Unity and Orange Democratic Movement, which often teetered on the verge of collapse.

Miguna Miguna, the Prime Minister’s former advisor on constitution and coalition affairs, in his memoir paints a picture of the President as a coldly aloof and inflexible man who in private does not treat Mr Odinga as an equal partner.

Miguna recounts one occasion when President Kibaki would not come out of his suite at Kilaguni Lodge in Tsavo West National Park to speak to Mr Odinga and addressed him from behind a curtain.

He also projects Mr Odinga as having failed to get the best deal for the Orange Democratic Movement (ODM) in his negotiations with the President after the disputed 2007 General Election.

Mr Miguna’s no-holds-barred account of his time as a top advisor to Mr Odinga goes behind the scenes to examine the intrigues, power plays and personality rivalries that have characterised the unity government since it was brokered by peace envoy Kofi Annan in 2008.

Mr Miguna, who fell out with the Prime Minister in dramatic fashion after he was fired from his post in Mr Odinga’s team last year, paints the relationship between Mr Kibaki and Mr Odinga as an unequal marriage in which the President comfortably dominated the Premier
Miguna claims that Mr Kibaki, who was better briefed and had a more disciplined team around him, frequently got the better of the Raila in one-on-one meetings.

The principals’ troubled relationship nearly hit a breaking point at the Kilaguni retreat which at the time was portrayed as a successful attempt at healing the cracks in the coalition but which Miguna reveals to have been a failure characterised by quarrels and political antics which bordered comical artwork.

The meeting, on April 4, 2009, started with a familiar standoff after Mr Miguna discovered that President Kibaki, Deputy Prime Minister Uhuru Kenyatta and then National Security Minister Prof George Saitoti had been allocated bigger and better rooms than those booked for the Premier, ODM Deputy Leader William Ruto and Deputy Prime Minister Musalia Mudavadi, who skipped the meeting.

Mr Miguna took the position that this sent the message that one of the coalition partners was superior to the other and insisted on a reshuffle.

Mr Miguna’s stance was consistent with another occasion where he had stopped a coalition management meeting from starting at Harambee House until the seating arrangement was revised to reflect the fact Mr Kibaki and Mr Odinga were equal partners in the coalition.

More drama was to follow at the infamous Kilaguni retreat. The ODM team arrived three hours before the PNU team came to the hotel and were huddled discussing the fact that PNU had not agreed on an agenda for the talks by the time Mr Kibaki and his team arrived.

“That first night Raila went to see Kibaki in his room and subsequently made us fall about with laughter at his bizarre description of what had happened there,” he writes.


“According to Raila – and we believed him – Kibaki spoke with him from behind the curtains, which were fully drawn. They didn’t see each other. There was no face-to-face meeting as such.


“At first, Raila thought the old man was dressing up or using the washroom and that he would join him in the spacious living room. However, after 30 minutes of odd‘communication’ Raila politely excused himself and left.”

Mr Odinga told the ODM team that President Kibaki had told him that the team should see the retreat as a “well deserved holiday”, summarising the difference between the PNU and ODM viewpoints.

NU felt that there was nothing wrong with the coalition while ODM wanted the retreat to iron out key issues such as the levels of consultation required before making key appointments.

They also sought a settlement on the raging protocol question on who was the senior party between the PM and the Vice President.

The talks descended into a farce the next day after the PNU and ODM teams went to the meeting room to begin discussions. President Kibaki did not show up.

Mr Odinga kicked off the meeting by asking non-members of the coalition coordination committee to leave, an order obeyed by top senior civil servants and, reluctantly, by Kibaki-allied Cabinet Ministers Mr Noah Wekesa and Mr Mutula Kilonzo.

There was then disagreement over how to proceed with PNU suggesting that Mr Odinga and Mr Kibaki should sit down alone to agree on the agenda.

This was a suggestion ODM members strongly opposed, Mr Miguna writes, because they had discovered that the President always got what he wanted from one-on-one meetings with the PM.

In Miguna’s view, Mr Odinga was a “disastrous negotiator” and often “unstructured”and overawed by Mr Kibaki in one-on-one settings.

With ODM adamant that there would be no meeting between the principals that excluded others, President Kibaki “skulked out” without making eye contact with the other leaders in the room and walked off. The meeting collapsed and both sides rushed to prepare press statements to put a spin to the debacle.

This meeting is one of the many nuggets of information offered by Mr Miguna in the most explosive memoir to come out in the country since President Kibaki’s former anti-graft czar, John Githongo, collaborated with British author Michela Wrong on the story behind the Anglo Leasing scam.

Mr Miguna’s book will inevitably divide opinions. Written in the lyrical prose which readers have become familiar with from his newspaper columns, the book is at its best when it narrates the story of his rise from grinding poverty –brought up in rural Kano by a mother who could barely raise enough to feed the family – and the gritty determination with which he rose to his present station as a senior lawyer and author.

The book also offers a tantalising view of the mechanics of power behind the scenes and describes the complicated interpersonal relations between public figures who project an appearance of being the best of friends in public but are anything but friends.

Mr Miguna peels the mask off the murky world of campaign financing and reveals what he describes as the high-level corruption in most public offices including the office of the Prime Minister.

He also wrote of a secret meeting at the Nairobi Safari Club, Nairobi, in 2009 at which he says he confronted the PM over claims that their office was involved in the maize scandal.
At the time, the price of maize meal was causing near unrest in the country. According to Mr Miguna, the meeting was attended by ODM secretary-general Prof Anyang’ Nyong’o, Lands minister James Orengo and the PM’s top aide Caroli Omondi.

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Should MPs and councillors have degrees?



MPs engaged in heated debate on what education requirements elected leaders should have before qualifying to be on the ballot papers.
In what appears as MPs caught in the act those who do have a bachelor’s degree may kiss goodbye to parliament.
MPs have been beneficiaries of a system that does peg pay on academic qualifications.
Under the proposed amendments to the Election Act, MPs want candidates for parliamentary seats to have university degrees by 2017.
The laws as it stands now does not require MPs to have degrees but just basic education - Form Four leavers certificate.
The amendments to the Elections Act were proposed by Transport minister Amos Kimunya who is also the Kipipiri MP. Kimunya argued that since the Salaries and Remuneration Commission will peg salaries on academic qualifications it was necessary to have MPs with degrees.
But the MPs in a selfish manner tried to push for postponement of the capping of academic requirements for the current crop of legislators and councilors giving them a five year window period through which they must acquire such papers or be locked out of leadership.
Sirisia MP Moses Wetangula supported amendments that if endorsed will take effect in 2017 General Election.
But a section of MPs argued that there have been very many good debaters and effective leaders without little or no education and who have relied on wisdom.
Wajir West MP Adan Keynan opposed the proposed selective ‘waiver’ of degrees for current MPs saying it was selfish.
Rongo MP Dalmas Otieno said: “there is no way one arm of government (parliament) can get away with low levels of education compared to other arms like Judiciary and Public service.
Ikolomani MP Bony Khalwale opposed low academic requirements arguing that parliament must spearhead academic merit.
Njeru Githae caused laughter when he asked about the fate of honorary degrees in the proposed laws. But Deputy Speaker Farah Maalim ruled that honorary degrees are not academic.
They eventually voted that MPs have degrees by the next General Election.

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Police, KWS pursue Kitengela lion killers


Police and Kenya Wildlife Service officers have launched a manhunt for suspects from Kitengela who killed six lions that strayed from Nairobi National Park. The lions mauled 28 sheep on Wednesday morning .
KWS director Dr Julius Kipng’etih confirmed the killing of the six lions and 28 sheep and said the cats had strayed from the park.“We have to arrest those behind the killings. They have to face the law”, said the KWS director.
 The lions had attacked and killed eight cows in the same area on Monday night and locals ganged up and killed the stray lions after the Tuesday incident.

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How Raila plans to split G7 supporters

Prime Minister Raila Odinga has hatched a plan to split his rivals’ presidential votes hoping it will hand him an upper hand in the race to State House in the next election


The strategy involves pushing for his competitors Uhuru Kenyatta and William Ruto, who are facing charges at the International Criminal Court, to be allowed to contest.

However, his rivals argue that they are aware of the plot and would come up with a counter plan that will deny the PM the chance to garner 50 per cent plus one vote which is required to hand him victory in the first round.

Mr Ruto argues that their plan will aim to ensure a candidate from the G7 Alliance wins during the first round of the vote to avoid a run-off.

“We want the game to be finished in the first round so we can avoid a run-off,” says the URP leader. Read (Mudavadi, Raila head to Ruto’s turf in vote hunt)

Mr Odinga surprised many this week when he invited foreign correspondents to his Nairobi office and told them that he wanted the names of Mr Kenyatta of the TNA Alliance and Mr Ruto to be on the ballot paper as presidential candidates on March 4, 2013.

He justified his declaration by stating that it would allow Kenyans a wider variety of leaders to choose their next President from.

“All those competing for the top seat need to be on the ballot. This will give Kenyans a right to choose their preferred leaders. There will be no reason for anyone to say that Raila prevented them from vying for an elective seat,” he said.


The PM’s position was a radical departure from his stand in March this year when he fell short of calling for the detention of Mr Kenyatta and Mr Ruto on grounds that they were facing worse crimes than murder at the International Criminal Court yet they were freely going around the country holding prayer rallies.

He submitted that criminals accused of murder were languishing in maximum prisons scattered in various towns across the country.

“Crimes against humanity are worse than murder. Yet these suspects remain free to traverse the country holding ‘prayer meetings’ while Kenyan suspects of the lesser crime of murder conduct their prayers behind prison,” he said.

UK connection

At the time, Yatta MP Charles Kilonzo had just tabled a UK dossier- which the Speaker could not declare forged or not- indicating that the PM was working with the UK to ensure Mr Ruto and Mr Kenyatta were locked out of the presidential race.

On Friday, ODM’s joint chief whip Jakoyo Midiwo and a member of the PM’s think tank Prof Larry Gumbe sought to clarify Mr Odinga’s change of heart saying their preferred candidate would like to win the next elections without any doubts in the minds of voters.

Mr Midiwo, the Gem MP and close ally of the PM said the Orange party took a decision not to oppose the push by Mr Kenyatta and Mr Ruto to contest the presidency. Mr Odinga, he said, had no powers to block the two from running for State House.

“As ODM, we cannot decide whether Ruto or Uhuru will run. The law will take its own course but the decision for them to contest is not dependent on the PM,” he said.

He argued that the two leaders, alongside Deputy PM Musalia Mudavadi of the United Democratic Forum (UDF), were selling themselves to voters as the best candidates and a chance to face to face Mr Odinga at the ballot box would prove their “posturing” wrong.

“Let them contest so that people see who they are-small candidates who cannot be compared to the PM. Wacha watu wakutane uwanjani (Let the candidates meet at the ballot box),” he said.
Prof Gumbe submitted that the PM wanted to free himself from accusations by his rivals that he was working with the ICC to block their candidature so that he can easily succeed President Kibaki.


He stated that the PM wanted the two to be tried locally.

“The PM has always maintained that they should be on the ballot box because these people have accused him of taking them to The Hague. That is why he said they be allowed to contest so that Kenyans know who they really are,” he said on phone.

Mr Midiwo and Prof Gumbe defended the PM’s harsh remarks against Mr Kenyatta and Mr Ruto in March arguing that they were issued in a different context.

They argued that Mr Odinga was irked by inciting words from the prayer rallies and felt they should have been locked up.

“The PM said they should not be going around the country inciting people during their prayer rallies,” he explained.

In May, Mr Odinga held talks with the United Kingdom minister for Africa Henry Bellingham in London over the issue but the British government said it will not change its position about the ICC cases.

Asked whether the decision had been driven by the entry of Mr Mudavadi into the race, Prof Gumbe dismissed the Sabatia MP and Mr Ruto as leaders who cannot be trusted.


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Video: Final send off for Saitoti

he late Internal Security minister George Saitoti will be laid to rest in his Kitengela farm Saturday...

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Jirongo criticised for labelling Ruto ‘project’

By Peter Atsiaya

Three United Republican Party legislators have lashed out at Lugari MP Cyrus Jirongo for claiming the party’s presidential hopeful William Ruto was a Government project.

MPs Fred Kapondi (Mt Elgon), Linah Kilimo (Marakwet East) and Boaz Kaino (Marakwet East) told Mr Jirongo to stop courting wrangles in the party for personal interests.


Speaking in Mt Elgon on Tuesday, the MPs said Jirongo’s allegations were propaganda and asked him to respect Mr Ruto.

Mr Kapondi said Jirongo’s sentiments were cries of a leader who feared democratic competition for the party ticket for presidency.

presidential nomination

“Jirongo is afraid of facing Ruto for the party presidential nominations and that is why he has started to spread propaganda that would tarnish our party leader’s image,” said Kapondi.

He added: “From Jirongo’s talk we now feel that he is the one who is a project planted in URP to undermine its leadership.”

The MP noted that they had respect for Jirongo for his contribution in developing and popularising the party and he should reciprocate by showing loyalty to the party.

Mrs Kilimo, an Assistant minister for Co-operative Development, said they had confidence in Ruto and his bid for presidency was not being influenced by any quarters.

“Ruto had shown his determination to run for presidency before this project talk came about. I wonder what Jirongo is basing his claim on to say Ruto and URP are beneficiaries of State funding,” said Kilimo.

She added that Jirongo should follow the laid down channels to present his grievances and not use funerals to undermine Ruto and URP leadership.

sponsored parties

Mr Kaino noted that they have decided to support Ruto for the party’s presidential ticket and Jirongo should look for backers and stop crying.

“URP and Ruto are not projects of anybody. Jirongo’s allegations are unfounded and he should be ignored,” said Kaino.

Differences between Jirongo and Ruto intensified over the weekend when Jirongo said Ruto was among presidential candidates sponsored by the Government.

“We are aware that the Government is sponsoring six political parties to field presidential candidates to divide communities with large number of voters so that they can retain power,” claimed Jirongo.

He claimed parties that were Government projects included URP, Uhuru Kenyatta’s TNA) Musalia Mudavadi’s UDF and POA of former Cabinet minister Raphael Tuju.



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Will last Budget solidify Kibaki’s legacy?


By MARTIN MUTUA
As he sat pensively on the ceremonial seat of the State in Parliament Thursday, President Kibaki was probably pondering whether the budget statement by his new Finance Minister Njeru Githae would solidify his legacy.
During his two-term presidency, mega corruption scandals like Anglo Leasing, Triton Oil, maize sale, free primary education and cemetery rip-offs threatened to cloud his legacy that on the brighter side was marked by an impressive economic growth and infrastructural development.
With the next General Election set to be held in March next year, this would definitely be the last budget under the Kibaki government as the country’s third Head of State.
President Kibaki was sworn into office on December 29, 2007 for his second term after the bungled presidential elections, but his term will be extended for two months by the National Accord, which created the coalition government in January 2008.
The Head of State has not had it easy since he came to power in 2003 following the Narc wave that saw him whitewash the preferred Kanu candidate, now Deputy Prime Minister Uhuru Kenyatta.
Whereas President Kibaki will be remembered to have come to power on the promise of zero-tolerance to corruption, his regime has been dogged with one scandal after another, with none having been investigated and culprits brought to book.
Dogged by scandal
The Kibaki regime has been dogged by scandals that have seen taxpayers lose billions from State coffers through corrupt deals that have involved top government officials. To date, however, none of the government officials who have been named in the scandals have been arraigned in court to face the law.
The scandals that have since left a bitter taste in the mouths of many include Anglo Leasing, Triton, the controversial sale of the Grand Regency Hotel and more recently the free primary education scandal where funds meant for public schools were embezzled.
But on the positive side the Head of State would be walking with his head high after leaving office following the establishment of several projects that have received accolades from majority of Kenyans.
The recent massive road network projects that have seen the country acquire super highways that have eased traffic congestion in and out of the city centre is a matter of public knowledge.
And apart from the embezzlement of funds meant for the education sector, the introduction of the free primary education will go down the annals of history as one of the cornerstones the Kibaki administration initiated for the country.

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ICC gives new agenda for Status conference


The International Criminal Court has issued an amended agenda for the Status Conference, which begins Monday in The Hague.

The conference precedes the start of trials for four persons accused of crimes against humanity during the 2007/8 post election violence.


Deputy PM Uhuru Kenyatta, former Civil Service head Francis Muthaura, Eldoret North MP William Ruto and radio journalist Joshua Sang’ were in January committed to stand trial at the ICC’s Chamber V, at a yet to be announced date.

Among issues to be discussed at the Status Conference, which runs on 11 and 12 June, are the date of trial and the Prosecution’s submissions on the issue of witness protection.

ICC Prosecutor Luis Moreno Ocampo has in the past been reluctan

  ICC gives new agenda for Status conference
ICC gives new agenda for Status conference
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Updated Saturday, June 09 2012 at 15:19 GMT+3
By Lillian Aluanga

The International Criminal Court has issued an amended agenda for the Status Conference, which begins Monday in The Hague.

The conference precedes the start of trials for four persons accused of crimes against humanity during the 2007/8 post election violence.



Deputy PM Uhuru Kenyatta, former Civil Service head Francis Muthaura, Eldoret North MP William Ruto and radio journalist Joshua Sang’ were in January committed to stand trial at the ICC’s Chamber V, at a yet to be announced date.

Among issues to be discussed at the Status Conference, which runs on 11 and 12 June, are the date of trial and the Prosecution’s submissions on the issue of witness protection.

ICC Prosecutor Luis Moreno Ocampo has in the past been reluctant to disclose the identity of witness over safety concerns. He has also expressed his concerns over the same issue, in writing, to the Attorney General’s office.

The Chamber, while noting that the Prosecution intended to seek a ruling regarding the permissible scope of witness preparation, directed it to file written submissions on the same not later than August 13. The defence teams and legal representatives of the victims will then have 21 days from the day of filing to respond to the submissions.

Muthaura’s defence team has requested that the prosecution be required to provide signed statements of witnesses it intends to call. Ruto’s team on the other hand has asked that documents that will be relied on by the Prosecution be translated by the Registry’s translations service.

The sessions at The Hague shall be open to the public, and will run between 11.00 pm-1.00 pm (local time) and 1.30 pm-3.30 pm, on 11th June.

To avoid disclosure of sensitive information regarding witness protection an ex parte Prosecutor and Registry only session will be held on the same day between 5.00 pm - 6.30pm.

The sessions on 12th June will run between 1.00pm-3.00pm and 4.30pm-6.30 pm. An ex parte session will also be held on the same day between 7.15 pm -8.30pm.

Other items on the agenda include the timing, volume and format of disclosure of evidence by the prosecution, as well as its proposed ‘rolling disclosure’ approach to the disclosure of identities of witnesses.

Unlike the Status conference held before the start of Confirmation Of Charges Hearings in September 2011, the Prosecution at this conference will spend a substantive amount of time providing its assessment of issues touching on the safety of witnesses.



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Tanzanian police arrest Nairobi blast suspect


Tanzanian police are holding a man hunted by Kenyan police following a blast in Nairobi’s Moi Avenue that killed one person and injured more than 30.

According to Reuters, police in Tanzania are holding a man believed to be Emrah Erdogan, a German national of Turkish origin who is also known as Salahuddin al-Kurdi.

Kenyan police last month released a photo of Erdogan who allegedly entered the country from Somalia in May.

Police issued the photograph of Erdogan after a bomb tore through a trading centre in the heart of Nairobi on May 28, killing one person and wounded more than 30.

According to political scientist Dirk Baehr and German media, Erdogan travelled to Waziristan in northwest Pakistan in early 2010 and joined a militant Islamist group.

He then went to Somalia in 2011 and was suspected of joining up with the al Qaeda-linked militant group Al Shabaab.

"The German suspect is in police custody in Dar es Salaam in relation with terrorism investigations. He is being questioned by the police as we speak to get a written statement from him," a Tanzanian police source, who declined to be identified because he was not authorised to speak to the media, told Reuters.

Two more Tanzanian police sources, who also declined to be identified, confirmed the arrest.

The Tanzania Police Force declined to give any official comment.

Kenya sent soldiers into Somalia in October to fight al Shabaab. Since then, there have been a string of grenade and bomb attacks in the capital Nairobi, Mombasa and the north of the country near the border with Somalia.

Earlier this month, the Ugandan police said they too were hunting for Erdogan and another German terrorism suspect as they believed they had sneaked across the border from Kenya.

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A 24-year-Old man Has Been Sentenced to Life In prison for the Murder During the 2008 Post-Election Violence.

Kipkemboi Ruto alias Saitoti in the Nakuru High Court on June 12, 2012 during the ruling of a case where he was charged with murder of Kamau Kimani Thiong'o on January 01, 2008 during the post-election violence at Kamura village in Timboroa. He was sentenced to life imprisonment.
A 24-year-old man has been sentenced to life in prison for the murder of his neighbour during the 2008 post-election violence.

Peter Kipkemboi Ruto, alias Saitoti, became the first suspect to be jailed for life by a Kenyan court for crimes committed during the chaos in which 1,133 people were killed and up to 600,000 displaced.

His conviction comes at a time the International Criminal Court is preparing the trial of four Kenyans suspected of masterminding the post-election violence.

The trials of Deputy Prime Minister Uhuru Kenyatta, former Public Service chief Francis Muthaura, Eldoret North MP William Ruto and Kass FM radio presenter Joshua arap Sang may start early next year.


Peter Ruto was accused of murdering Mr Kamau Kimani Thiong’o, 67, on January 1, 2008 at Kamura village in Timboroa, Uasin Gishu county.

In her landmark judgment, Nakuru High Court judge Roselyn Wendoh dismissed Ruto’s defence observing that he was clearly identified by prosecution witnesses since the attack happened in broad daylight.

“Four of the witnesses clearly identified Ruto and two others who are still at large because they were well known to them and had lived together as neighbours for many years,” she said.

Ruto and his accomplices also stole seven cows, three goats and burnt eight houses in Thiong’os homestead. The theft and destruction was valued at Sh850,000.


The judge noted how witnesses testified about tension between the Kikuyu and Kalenjin communities following the announcement of the presidential election results.

Incumbent Mwai Kibaki of PNU was declared winner but his closest challenger, Raila Odinga of ODM disputed the results.

The witnesses, the judge said, told of a gang of raiders massing in the forest, plotting the attack before splitting into two and surrounding them together with Thiong’o.

She said the witnesses said that one Daniel Kibor, who is yet to be arrested, threw a panga at Mr Thiong’o but he ducked.

“The court was told that the old man was hit by something which was to be later identified as an arrow and fell after which Ruto dashed forward and struck him with a panga on the head,” she said.

She said identification could not be challenged because the attack occurred at a potato plantation and there was nothing to hinder the witnesses’ view.

She also noted that during the hearing, both the prosecution and defence witnesses said there was no bad blood between them and therefore no reason to frame Ruto.

One of the prosecution witnesses was Ruto’s former classmate. Lady Justice Wendoh said although the cause of death was declared as an injury to the brain caused by a penetration of a sharp object, Ruto was still guilty of murder because “he could have done it himself”.

“He is guilty as charged because he was part of a group that set out to attack others due to their ethnic differences in which a death occurred,” said Lady Justice Wendoh.

The judge observed that the crime was planned because the raiders assembled in a forest, planned their attack, split into two groups and surrounded the victims ready to attack.
Thiong’o’s body was immediately buried during the violence due to the tension but had to be exhumed for postmortem. A metal arrow head was found lodged in his skull and a deep panga (machete) cut in the head.

The court dismissed Ruto’s defence and alibi that he had fled with his family to Tinet on December 31, 2007 following rumours that there would be violence in Timboroa.

The judge noted that there was no indication that Ruto was away at the time of the crime and termed the alibi as an after-thought meant to defeat justice.

Ruto disappeared immediately after the murder and was arrested in May, 2008 when he went back to Timboroa. Thiong’o’s relatives who attended the court hearing welcomed the decision and appealed to the police to arrest the other two suspects who are still at large.

His widow, Ruth Kamau, 60, said she was happy because justice had finally happened. But the woman who currently lives on a leased one-acre piece of land in Kinangop appealed to the government to compensate her for her husband’s death.



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