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President Uhuru Kenyatta when he presided over the official hand-over ceremony of Mang’u Dispensary Outpatient Block in Kiambu County on December 4, 2019. Image: PSCU

We know BBI is a ploy. It is a decoy to camouflage the final intent and outcome.

In Summary

• Kenya is not facing a constitutional moment that warrants sweeping changes to the constitution.

• The BBI is an outright attempt to perpetuate your grip of political power either directly or through a proxy.

The Constitution for Kenya 2010 is people-oriented.

Its objectives are set out clearly in the preamble and Chapter One.

It reminds state institutions and politicians always that their power comes from people. 

Politicians don't have a very clear sense of how Constitution systems work was political settlement compromise between those who wanted Presidential and Parliamentary systems proponents respectively after more than 25 years of protracted struggle.

Devolution of power and resources and stronger and expanded Bill of Rights became the vanguard of this political compromise with separation of powers and dispersal of powers between and among institutions of governance.

The Constitution has detailed provisions, combined, address the root causes of violence and the perennial tensions that the country.

It provides opportunities for better development and realisation of aspirations of the people- a government based on the essential values of human rights, equality, freedom, democracy, social justice and the rule of law. 

Further, it provides an opportunity to address the challenge of inequities in development, poor governance, and service delivery.

It is unequivocally clear and meticulously articulates the principles of inclusion, equality, diversity, non-discrimination and participation.

However, there is no solid law both at national and county levels to enforce these principles in practice.

The Executive, Parliament and Judiciary have flatly refused to implement the latter and spirit of the Constitution.

Corruption and theft of public resources at national and county levels have become rampant, taxes have increased, elected officials are constantly increasing their salaries and benefits, and public debt is unmanageable.

Kenyans are reeling from a shrinking economy. They have diminished disposable income while the government spends billions of dollars on recurrent costs annually and access to essential services is out of the reach of many.

Some Kenyans believe that part of the solution lies with amending the Constitution. However, the economic woes cited are due to poor leadership, weakened governance structures and emasculated helpless constitutional bodies.

In fact, the Constitution is yet to be fully implemented. How do we go to referendum yet we have failed to implement the Constitution? Politicians want to destroy it like how Jomo Kenyatta did to the 1963 Constitution.

Kenya is not facing a constitutional moment that warrants sweeping changes to the constitution.

It is fickle leadership and weakening governance crisis has occasioned economic mess on Kenyans. In such an economic climate, the prioritization and affordability of a referendum is political insensitivity and reckless.

In the ongoing United States of America president impeachment inquiry one Professor of constitutional theory and witness before the Judiciary Committee of Congress, Prof. Noah Feldman said: "The abuse of office occurs when the President uses a feature of his power, the awesome power of his office, not to serve the interests of the American public but to serve his personal individual partisan electoral interests." 

No, Uhuru Muigai Kenyatta, You cannot change the Constitution while still in office in the pretext of implementing BBI Report.

We know BBI is a ploy. It is a decoy to camouflage the final intent and outcome.

This is an outright attempt to perpetuate your grip of political power either directly or through a proxy.

This is tantamount to abuse of office and state power, undermining rules of democracy and subverting the constitution.

You are angry because Kenyans have seen and exposed your intent.

You represent DNA and face of everything that has gone wrong in Kenya.

You have been part and parcel of a corrupt political establishment system responsible for things you purport to want to change.

Is it when all over a sudden he has been part of a system that is full of impunity, corruption and exclusion?

He was part of Moi, Kibaki and now himself in office. Why didn’t you talk about inclusion in the first term in office?

How come you government and appointments to public service do not reflect the inclusion and diversity of Kenya though Constitution demands this be the case?

Every Kenyan knows that Uhuru Muigai Kenyatta is so used to issuing dictatorial edicts and threats.

He must understand that freedom of expression is the mother of democracy. Constitution protects the right to hold own opinions and to express them freely without government interference.

Raila Odinga must cease to be the one aiding, enabling and facilitating this nefarious Uhuru Kenyatta political plot against people of Kenya and their Constitution.

There is no guarantee of the end of the culture of impunity, theft of public resources, senseless public borrowing and disregard of the rule of law and constitutionalism even with a million amendments to the Constitution.

Any debate on Constitution amendment must be divorced of the 2022 political succession and be based on a well informed comprehensive audit of the Constitution of Kenya 2010 on what has and has not been implemented.

The Constitution audit process must be inclusive, participatory and people-driven.

The Country cannot afford a costly political project that is not informed by coherent reasons and justification rather than a desire by few individual political leaders to have public office offices created for themselves without considering on the serious economic consequences of their actions to the wider good of the country.

The writer is Executive Director, Africa Council on Human Security, @NdunguWainaina

Image Al Jazeera


Tanzanian authorities have warned people to avoid coastal areas as the country braced for the imminent landfall of Tropical Cyclone Jobo.

The Tanzania Meteorological Agency said the storm was expected to make landfall on Saturday night, but weakened wind speeds would reduce the impact first expected.

Earlier, the agency had estimated that Jobo would reach wind speeds of between 50 and 60 kilometres (31 and 37 miles) per hour when it reaches the East African nation’s coast.

Tropical Cyclone Jobo is still expected to bring heavy rainfall and possible flooding, with between 200 to 400 millimetres of rain expected within 24 hours as it makes landfall, the agency said.

The storm is expected to affect the Zanzibar archipelago as well as the Mafia Island. Tanzania’s economic capital Dar es Salaam will also be affected by severe weather, forecasters said.

“Such weather phenomena tend to attract huge clouds from Congo forests therefore we also expect increased rainfall in the western parts of the country over the next few days,” said Agnes Kijazi, the director-general of the Tanzania Meteorological Agency.

On Friday, Tanzania asked fishermen to avoid going into the ocean off the coast of Dar es Salaam and its southern Mtwara region.

“For fishermen who do their activities especially in the southern coastline from Dar es Salaam to Mtwara, it is important that they take precautions by stopping and waiting until the cyclone passes,” Kijazi told reporters. - Al Jazeera

One of Africa’s longest-serving presidents, Idriss Déby of Chad, who had ruled for 30 years, was killed Monday in a battle with rebels advancing toward the capital. His shocking death has thrown the country’s frequently tempestuous politics into further turmoil, even as the rebels remain in the field.

The Front for Change and Concord in Chad rebel group crossed into Chad from its redoubt in Libya on April 11, reportedly with several thousand fighters. Its leadership claimed to wish to restore democracy to the country as Déby was poised to win a sixth term as president following a recent general election.

Information about the Front’s progress is murky, but it may have fought within several hundred miles of the capital, Ndjamena, before pausing its offensive after Déby’s death. The U.S. became sufficiently concerned that it withdrew its nonessential staff from its embassy in the capital before Déby was killed.

After Déby’s death was announced, the military suspended the constitution, disbanded the government (a move it later reversed) and parliament, and declared Déby’s 37-year-old son and four-star general, Mahamat Idriss Déby, as president and leader of the military for an 18-month transitional period.

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This unconstitutional move provoked outcry from the military’s political opposition, but also from elements within the military, raising the specter of internal fighting.

The rebels are also preparing to resume their offensive, and may be garnering support from other rebel fighters and creating opportunities for other groups to challenge the government. It is unclear, however, if the Front can take Ndjamena after receiving a battering during its push.

A continued advance might also provoke an intervention from Chad’s staunch ally France that supports Mahamat Déby’s recent ascension—in 2019, France attacked a different rebel incursion that was threatening Déby’s rule.

In fast-moving and murky situations such as these, much of the initial reporting is often incomplete or even wrong, but there are some things we know for sure. Chad is a vitally important country in what may be Africa’s—and arguably the world’s—most volatile region. Of Chad’s six neighbors, Libya—where only a tenuous cease-fire prevents a return to civil war—performs best on the Fund for Peace’s Fragile States Index, ranking as the globe’s 20th-most fragile country.

A meltdown in Chad would further strain this already overburdened region. Despite its own many problems—Chad is ranked the seventh-most fragile country in the world—its forces are among the most capable fighters in the area, and have played an important part battling Islamist terrorism.

Chadian soldiers participate in the United Nations peacekeeping operation in Mali and the G5 group of countries, both of which are fighting the explosion of terrorist activity in the Sahel region of Africa.

Chad also did much of the heavy lifting beginning in 2015 to displace Boko Haram in northwest Nigeria (though the group is enjoying a recent resurgence).

Chad’s upheaval is also a reminder of why the Libyan conflict is so dangerous, and why the U.S. should exert itself to ensure the cease-fire sticks and ushers in a transition to stability.

The Front for Change and Concord in Chad fought in Libya since at least 2019 for Khalifa Haftar, the leader of the so-called Libyan National Army, which is one of the two primary combatants in the civil war there. Haftar reportedly outfitted the Front with heavy weapons that, along with its fighting experience, makes it a formidable opponent.

Libya’s tumult has destabilized the region since Moammar Gaddafi’s 2011 fall. It was heavily armed, former Gaddafi mercenaries who accelerated Mali’s instability have plagued the region ever since. It was virtually inevitable that the conflict would produce a serious armed challenge like the Front for Change and Concord in Chad to a neighbor, awash as it was with foreign-supplied weapons as well as money that has attracted mercenaries from all over.

The crisis in Chad is still unfolding, and it is difficult to anticipate how it will develop. The next several days, and potentially weeks and months, are going to be tense and difficult, with profound impacts for Chad, the region, and beyond.

Have an opinion about this article? To sound off, please email This email address is being protected from spambots. You need JavaScript enabled to view it. and we will consider publishing your remarks in our regular “We Hear You” feature. 

With the demand for socialism at an all-time high among our young people—our future leaders and decisionmakers—the experts at Heritage stopped and asked a question that not many have asked:

Is socialism really morally sound?

The researchers at The Heritage Foundation have put together a guide to help you and our fellow Americans better understand the 9 Ways That Socialism Will Morally Bankrupt America.

They're making this guide available to all readers of The Daily Signal for free today! by Joshua Meservey, The Daily Signal

The Judicial Service Commission has said it will not nominate the next Chief Justice in line with a court order issued on Thursday which temporarily halted the process. 

High Court judges Anthony Mrima, Wilfrida Okwany and Reubens Nyakundi issued the orders following a case filed by Tolphin Nafula, Philip Muchiri and Memba Ocharo challenging the JSC’s decision to have Commissioner Olive Mugenda chair the interviews.

The High Court bench also stopped the interviews for a Supreme Court judge, which were to begin Monday.

“As we said yesterday, the rule of law applies to every institution, individual or authority - and JSC is not an exception. As an institution that is committed to the rule of law, we will wait for the court process to be concluded before we resume and conclude the process of announcing our nominee and commencing the process of interviewing the Judge of the Supreme Court,” Prof Mugenda said yesterday.

Under the law, the Deputy Chief Justice should take over some functions of his or her boss, including chairing the JSC and its processes like interviews.

Constitution review

The petitioners at the High Court want the interview process quashed because Prof Mugenda chaired the interviews despite Deputy Chief Justice Philomena Mwilu being present for the duty.

Yesterday, Kanu-era bureaucrat and gender activist Alice Yano dismissed claims that she frustrated a Constitution review two decades ago, insisting that her contribution to the process sowed the seeds for the 2010 laws currently in place.

Ms Yano, the last of 10 candidates to be interviewed for the position of Chief Justice, denied that she tried to allocate 73 per cent of the Constitution of Kenya Review Commission’s (CKRC) budget to cater for top of the range vehicles, cellphones and monthly salaries of appointees. 

The Judicial Service Commission (JSC), which is hunting for Justice David Maraga’s successor, asked Ms Yano whether a media report painting her as the architect of the controversial emoluments is accurate.

Among the emoluments were a Sh3.5 million monthly salaries for each commissioner and brand new Nissan Patrol cars, which were then top of the range vehicles. The perks also included mobile phones for the commissioners, which at the time cost Sh462,000-a-piece.

The advocate of 26 years insisted that the controversial payments that were proposed by the National Assembly and that she had no role in the hefty perks.

Proposed payments

CKRC chair Prof Yash Pal Ghai vetoed the proposed payments.

Ms Yano was in the CKRC finance and administration committee, having been appointed after a row with a rival commission – the People’s Commission of Kenya.

Ms Yano said that her contribution to CKRC was crucial in coming up with a draft Constitution that eventually became the blueprint from which the laws promulgated in 2010 were drawn from.

The lawyer said she will clear  the backlog of cases in the Judiciary if appointed.

Kenya’s most powerful judge, by incorporating technology and weeding out corruption from the institution.

“Nothing of the sort happened. Actually our motor vehicles were never sourced by commissioners. We never had that power. The motor vehicles were sourced by Parliament and the clerk was the one in charge of sourcing motor vehicles. Phones, that one is hearsays, there was nothing like that,” Ms Yano said. 

The lawyer of 25 years standing explained, with difficulty, relevant sections of the law on an array of issues but was quick to add the Muruatetu decision has caused a lot of confusion in the legal fraternity.

“Do you recall the particular section of the law the Supreme Court was asked to give an opinion in the Muruatetu case,” Commissioner Justice David Majanja asked her.

“I cannot recall which law the court had been called upon to give an opinion and directions on the question of the mandatory death sentence,” Ms Yano responded.

On electoral laws the applicant seeking to be nominated as the 15 Chief Justice since independence told the JSC that she would result to advising sexual victims not to go public if they are assaulted by male collegues in their work places, instead of taking the necessary legal steps as a CJ.

While Ms Yano had not obtained tax compliance status at the time she applied to become Chief Justice, the lawyer said she has since made amends with the taxman and is now cleared.

She faulted the Covid-19 pandemic for late submission of her wealth declaration and audited accounts over the last three years, stating that her accountant had contracted the virus and was out of work while recovering.

Ms Yano had claimed that she has no pending dispute with past clients, but the JSC traced a 2013 case filed against her.

She said the omission was an oversight, but was uncomfortable going into details of the case as it is still ongoing.

The gender activist told the JSC that she relocated to Kajiado after realizing that many of her clients were destitute women from the county, and that she needed to take service closer to those most in need. 

Ms Yano quipped that on the stalemate between the Judiciary and President Uhuru Kenyatta over appointment of judges, she would call the First Lady to assist in resolving the standoff.

“I would just pick a phone and call Mama Margaret and ask her to call me for a cup of tea and get me to know the moods of mzee and then meet him with members of the commission to sort out the issue. That’s a joke by the way,” she said.

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Back in 2019, I was planning to travel to Europe for a Master’s degree. As I looked for vlogs of the various universities on YouTube, I discovered a female Kenyan vlogger by the name Esther Sabina, whose adventurous videos about Cyprus and the University of Nicosia helped me make my decision to study there.

When I finally made it to Cyprus in January 2020, I looked her up on social media and after exchanging a few texts on Instagram, she invited me to a party where there were other Kenyans and Africans. When I met her, she was just as sanguine and energetic as I had imagined based on her vlogs. At the party I learned that she was studying for her Master’s in Digital Media and Communication.

Considering that I have always wanted to take up vlogging but felt that I did not know enough about the art-form, I requested her to do an interview with me so that she could share details about her passion for travel-vlogging with people who might be curious about what it entails.

She agreed to the interview which was conducted in March 2021 via an email questionnaire due to the fact that she was in Malta, Greece for a student internship, while I am in Nairobi, Kenya.

MB: Tell us a bit about yourself. What is your personal background?

ES: I was born and raised in Mombasa. I went to school in Mombasa (nursery to university), being the last born my parents didn't want me to travel far for school. I don't know what changed when they decided to ship me to Cyprus for my Master's degree. 

MB: What did you study in university?

ES: I recently finished my master program at the University of Nicosia in Cyprus, I pursued Digital Media and Communication. I did my bachelor degree in Kenya at the Technical University of Mombasa.



MB: How did you become a digital creative?

ES: After I finished my bachelor degree, I got a one year internship at an NGO based in Nakuru. So after the internship I couldn't get a job and I was bored staying at home. I figured I should start a YouTube channel because I didn't want to forget how to edit YouTube videos. This was my motivation then however my goal has changed now because I mostly do travel and lifestyle content.


MB: How do you find interesting things to do and places to visit when you're in a new city?

ES: Before travelling to a new country or even city, I do my research online. There are several blogs that highlight touristic things to do in a city/country. Also I am a part of several travel Facebook groups where people recommend things to do in certain places. In as much as I am a content creator, I consume content as well so I watch a lot of travel vlogs on YouTube - it's a great place to get recommendations from real people.


MB: What's the craziest thing that you've experienced as a travel vlogger?

ES: When I relocated to Cyprus to study for my master program, I decided to do skydiving. This was actually a Facebook event that I saw and I decided to sign up. I remember my dad telling me to call him immediately when I was done skydiving, he was scared for me considering someone had died at the Diani Skydive in Kenya. Luckily things went well considering that I am doing this interview with you now! 

MB: What inspired you to start vlogging?

ES: Well before my main reason was to practice my video editing skills but I have grown since then because my content has evolved to travel and lifestyle. I have been to 6 (Kenya, Rwanda, Cyprus, Poland, Germany, Malta) countries so far and I am hoping to travel more and create more travel content. 

MB: Are there any unique challenges to being a solo female traveller?

ES: There are so many challenges of course...being a solo female traveller you need to know whether the country you are travelling to is safe. I remember when I was travelling to Poland, I didn't realise I would arrive at midnight considering my main aim was to get a cheap flight. So I get to Poland and it's extremely cold considering I am from Mombasa so I am not used to freezing. I ordered a taxi and the taxi driver could not speak English, language barrier is such a problem in that country. So I use google translate to communicate and this guy drops me 100 metres away from my destination. I had two bags to drag plus my backpack in the middle of the night. I was scared but luckily I was able to find my hostel and nothing happened. Being a woman you have to be careful not to get kidnapped or even raped, you have to be aware of your surroundings at all times.  

MB: How has Covid affected you as a travel vlogger?

ES: COVID ruined everyone's plans! Last year I had planned to travel to Czech Republic, Hungary and Lithuania however when COVID struck these countries closed their borders. At the time I was doing an Erasmus internship in Poland so even for me I was basically stuck in Poland. Luckily the ambassador of Cyprus in Poland helped me get repatriated to Cyprus. At the moment the freedom of travel isn't as it was before, you have to get the covid test before you travel which is quite a hustle, you need to research on travel corridors of a particular country otherwise you won't be allowed in, also let's not forget the fact that airlines cancel tickets even an hour to flying! In some countries you have to pay a lot of money for the covid test so I prefer to stay put until I get the vaccination or until the situation gets better. 

Esther is currently participating in an academic internship in the city of Malta in Greece, and exploring when she can, regularly vlogging her travels for her growing YouTube audience. We wish her all the best as she continues to serve up original content.

To see Esther’s travel vlogs on YouTube, search Esther Sabina and enjoy being taken to a new and exciting destination in every video. Or click this link to go to her channel >>


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