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November, 2014

During this National Examination season, I wish all our candidates good health, confidence, and success. May God Bless you all.

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…retains best in class global payment channel partners including American Express

Regional banking solutions provider, Equity Bank Group, has stepped up efforts to enhance its card business and related payment processing services.

In an ongoing process geared at setting the pace for the full scale rollout of the Equity 3.0 strategy aimed at facilitating a cash lite economy in East Africa, Equity Bank has now confirmed its partnership with some of the world’s leading merchant business and payment processing firms.

The Bank which reported a 58% growth on its payment process-ing and merchant business last year has managed to seal what is arguably sub-Sahara Africa’s widest network of best in class payment channel services and card business operators.Speaking when he confirmed the development, Equity Bank Managing Director Dr. James Mwangi disclosed that the bank is now a partner for American Express, Visa, MasterCard, PayPal, Google, China Union Pay, SWIFT, JCB, VFX (Equity Direct) and Diners Club.

To support the strategic partnerships, Equity Bank, is now ac-tively recruiting local merchants in a process technically known as merchant acquisition to facilitate the regional acceptance of American Express Cards among other payment solutions beyond the Bank’s channels.

The merchant acquisition process by Equity Bank, Dr. Mwangi confirmed is also geared at providing alternative revenue streams for its business partners, who will enjoy commissions for card transactions.

Some of the recent merchants retained recently by Equity Bank to support American Express card business include retailers Na-kumatt Holdings, hospitality concerns ArtCaffé, Heritage Hotels, Best Western Hotel, Imperial Hotel, Laico Regency, Leopard Beach Resort and Boma Hotels.

Equity Bank recently sealed an operating deal with American Express, the world’s largest credit card company by purchase volume. The partnership with American Express will also afford the Bank a rare opportunity to serve American Express Card Members visiting the East Africa region from any part of the world. Currently, American Express holds a portfolio of more than 107.2million cards in force worldwide with US$ 33Billion annual revenues.“At Equity Bank, our commitment is to best serve and meet the financial needs of our nearly 9million customers, our association with the World’s largest credit card companies and payment solution providers is therefore part of this commitment to deliver the best card solutions,” Dr. Mwangi affirmed.And added: “Such partnerships are also in line with our

From left: Michael Miebach, President Middle East and Africa, MasterCard Worldwide, Peter Munga, Chairman Equity Bank Group, Ajay Banga, President and CEO MasterCard, Dr. James Mwangi, CEO Equity Bank Group, James Wainaina, Vice-President and Area Business Head East

Africa and Indian Ocean Islands and Professor Njuguna Ndung’u, Governor Central Bank of Kenya.

Equity Bank beefs up merchant banking

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November, 2014

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10EDITORIAL TEAM LEADER

Stephen Ndicho Email: presidencymonthly@gmail.com

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Uhuru case: To Adjourn or to Terminate

Uhuru’s maiden speech at the UN

66Display of prowess as CIC during the Kenya Defence Forces day. 70

Kenya Revenue Authority 2014 Taxpayers Day

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When President Kenyatta temporarily laid down powers to attend ICC

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November, 2014

The econopolitics behind Digital migrationCORD leader Raila Odinga last month joined Kenya’s mainstream media houses in a grandstanding which pitted media houses against the government of Presi-dent Uhuru Kenyatta. However, here are a few reasons why Kenyans need to disregard Odinga and the so called mainstream media houses in their opposition to change in media development and move on with the journey to the digital world. Lets face hard facts; when this migration would have taken effect and the initial bottlenecks overcome, Odinga’s adversaries will remind him of his stand today. Long before Odinga joined the fray, the Kenyan Media industry was feeding the masses with complete lies in a manner most sensational regarding the Digital Migration debacle. While the whole nation was unfairly treated to a two-day of no programming by top TV stations in the last days of December 2013, CITIZEN TV, NTV, KTN and QTV, Ken-yans were bewildered by the level of dishonesty exhibited by these stations.

How could one explain the rationale of switching off both analog and digital signals countrywide yet the rules clearly state that ONLY analog signals in Nairobi area were to be switched off? Again, why lie to the public that ‘your stations have been switched off ’ while the naked truth was that you voluntary colluded to only broadcast the high court ruling, away from normal programming?

As much as the Media Owners have a point on the issue of a foreign firm (Chinese) distributing the digital signals, totally blowing this issue out of proportion to look like the whole digital migration is all about “muzzling” the media industry in the public eye is unfortunate for an industry guided by fundamental principles of truth, impartial-ity and honesty. Media owners are not telling where the REAL gist of contention lies. The current media market can be best described as an oligopoly. Those who were lucky enough to step in an economics class will agree that dismantling any oligopolistic system that has been en-trenched for generations is not very easy. The businesses in such a market will by all means try to resist the disman-tling process if they are to continue making astronomi-cally super-normal profits. This is exactly what is happening with the major media stations so called. The whole switching off propaganda is a self-centered battle to maintain, by all means, the market status quo cunningly disguised as a battle “of fighting for

the over two million disadvantaged TV viewers without the required set top boxes, a requirement for the digital signal”.

According to research, the top 20 large companies and the government spent Ksh. 27 billion in advertising alone in year 2012! And you still wonder how an individual, owner of a privately owned media franchise in Kenya made it in the top Forbes 100 richest people in Africa last year. You now know how. With the analogue system, the level of investment in setting up a TV network is beyond any or-dinary Mwangi, Wafula, Kibet or Onyango. Setting up the technical infrastructure to distribute the analogue signals was, and still is, very expensive. In addition, due to restrict-ed frequency space, Nairobi could not accommodate more than 18 channels. These two main factors virtually make television a preserve of a few billionaires.

The truth which KTN, Citizen TV, NTV and QTV are deliberately avoiding to inform Kenyans is that with the digital system, the two factors stated above extensively and fundamentally change. First, Nairobi will have the capacity of hosting more than 100 TV channels since the high tech system allows for that.

Secondly, the cost of setting up a TV station will have drastically fallen. According to CCK determination No.1 of 2013 on cost based terrestrial Digital Broadcast Signal Distribution Tariff issued late last month, Digital signal distributors shall charge broadcasters at Ksh.125,990 per MB for Nairobi and Ksh. 93,202.75 per MB for other areas away from Nairobi . What does this mean? Any Kenyan, institution or an organization with as little as Ksh. 1 million will be able to own a TV station and broadcast. What is the implication? Simple: Mohammed Doyo, an average Kenyan can start a TV station targeting specific segments of the society, sports, religion, education, Music, Fashion, etc at a very reasonable cost.  

And of course treating you to less advertisements that have over the years dominated Kenyan TV stations. The Ad-vertisers will also have a wide choice of TV Stations so as to reach as many viewers as would practically be possible. Within five years of the digital broadcasting, the market shall be fully transformed from an oligopoly to a perfect competition market. In layman’s terms, it means the 27 billion Kenya shillings that is hitherto shared among the top four media houses from advertisements will now be distributed to over 100 TV owners in this country! Awe-some, isn’t it?

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Judge Kuniko Ozaki

Prosecutor Fatou Bensouda

Steven Kay, Uhuru’s Attorney

H.E President Uhuru Kenyatta

Major players in Uhuru’s ICC trial

From The ICC

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November, 2014

• Prosecutionasksjudgestoeitheracceptrequestfor indefinite adjournment of Kenyatta trial, pending delivery of records requested from the Kenyan govern-ment, or to terminate case.• Defensecallsforterminationongroundsoflack of evidence.• Trialchamberjudgesoffernoindicationofwhen decision on next steps will be delivered.

The Prosecutor of the International Criminal Court (ICC), Fatou Bensouda, has asked trial judges to decide whether to adjourn indefinitely the case against Kenyan President Uhuru Muigai Kenyatta or terminate it and not consider any halfway measure.

Steven Kay, who represents Kenyatta, asked the judges not only to terminate the case, but also enter a verdict in favor of his client. Bensouda and Kay made these submissions during Wednesday’s status conference that Trial Chamber V(b) called to seek clarifications on ear-lier written submissions the prosecution, defense, and lawyer representing the victims had made.

The status conference took place in two parts. During the first part, judges Kuniko Ozaki (presiding), Robert Fremr, and Geoffrey Henderson asked the different lawyers questions. In the second part, all lawyers each made a brief statement to the court. These statements were almost like closing statements lawyers make once all the evidence has been heard in a trial.

The prosecution’s statement was presented in two parts. In the first part, Bensouda gave an overview of the pros-ecution’s position on how the case should be handled going forward. In the second part, senior trial lawyer Benjamin Gumpert laid out in summary what the pros-ecution said was its evidence against Kenyatta.

“Either, Madam President, you refuse any further ad-journment and therefore require the prosecution effec-tively to withdraw, or you permit an indefinite adjourn-ment conditioned on the eventual compliance of the government of Kenya with its duties,” said Bensouda.“Any other course will simply be ineffective,” she contin-ued. “The scales of justice have to come down one side or the other.”

Bensouda said that the defense had on various occa-sions stated that there was no case against Kenyatta.“There remains a considerable body of evidence that

Uhuru case: To Adjourn or to Terminate

implicates Mr. Kenyatta. The prosecution has scrutinized very carefully this body of evidence, and we judge this body of evidence is insufficient to make you sure,” Bensouda said.“But concerns that the chamber may have about the injustice of allowing the case to continue where there is simply no evidence can be put aside,” said Bensouda.

Gumpert then summarized some of the allegations that nine witnesses had made against Kenyatta. Some of the witnesses Gumpert referred to alleged that they attended meetings in which Kenyatta was present when violence was planned. Others claimed to have been paid money to participate in the violence. Those who received money were paid by members of parliament who claimed the money came from Kenyatta.The witnesses Gumpert referred to are: Witness 152, Witness 428, Witness 505, Witness 548, Witness 510, Witness 493, Witness 494, Witness 429, and Witness 430.“What you heard from the prosecution was a scandalous misrepresentation of the quality of their case as well as the reasons for not pursuing this case,” said Kay while making his statement.

“If the quality of the prosecution evidence was such as it claims to be, why didn’t they go to trial?” Kay continued. “They didn’t go to trial because there were fundamental prob-lems throughout that case.”Kay said that because there is no evidence, Kenyatta is “enti-tled to his verdict of not guilty.”The lawyer representing victims, Fergal Gaynor, said in his

From The ICC

Steven Kay: Terminates case

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statement that one of the troubling aspects of the case was the intimidation of witnesses.“The victims, I suggest, are entitled to know who intimi-dated those witnesses. At whose instigation? And for what purpose?” said Gaynor.

He said that the victims had no other option if the case did not go to trial because the government had not provided all the records the prosecution had asked for.“Is it really fair to force them now to pay the price for obstruction of justice by Mr. Kenyatta’s government?” Gaynor concluded.

Earlier during the first part of the status conference, Judge Ozaki asked Gumpert whether she was correct in under-standing that the prosecution did not consider a fixed period adjournment an option. Gumpert said a limited duration adjournment was a possibility to be kept in mind.“But in the end, your honors, the only realistic date is the date when the government of Kenya does what it is bound to do under the Rome Statute,” said Gumpert.

Judge Ozaki also asked Gumpert whether the prosecution had allegations against Kenyatta that as president he had taken any action to prevent the prosecution from obtain-ing the records they were seeking from the government of Kenya. Gumpert said the prosecution was not making any such allegation against Kenyatta.

In response to the same question, Kay said that to date there had been no allegation made against his client or him as a lawyer. He said, “The head of state issue that has been brought to bear as an allegation is not founded upon substance.”

Judge Henderson asked Gumpert whether an indefinite ad-journment would help the court balance between the right of the accused in a trial and the rights of the victims. He also asked whether it would be more prudent for the case to be withdrawn, the prosecution continue their investiga-tions, and if they get more evidence then come back to the court.

Gumpert said the court had the right to make such a deci-sion, but he added that such a decision may not be in the interest of justice.“The interests of justice should, I submit, be the most im-portant consideration in your honors’ mind,” Gumpert said.“And it would not be in the interests of justice … for the court to make a ruling which will effectively be interpreted as the court saying, if a country sticks out for long enough obstructing proper inquiries being made by the prosecutor, despite the court having made a finding that that obstruc-tion is improper, then the case against that person that country wants to protect will go away,” said Gumpert.After the status conference ended, the ICC’s spokesman said a ruling will be announced at a later date.

From The ICC

When the Kenyan President Uhuru Kenyatta attended the International Criminal Court but as a private citizen.

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November, 2014

Deadlock in ICC case?, No way - AG GithuThe prosecution told the International Criminal Court (ICC) that they have reached a deadlock in their consul-tations with the government of Kenya on how to obtain records that they first requested two and a half years ago.Kenya’s Attorney General, Githu Muigai, however, disa-greed that the consultations were deadlocked and gave Trial Chamber V(b) an assurance that his office would be able to provide any records requested within 72 hours as long as he was given “actionable information.”Senior trial lawyer Benjamin Gumpert, leading the pros-ecution, and Muigai made these observations on Tuesday october 7, 2014 at a status conference the chamber called to be appraised of the progress in implementing its orders set out in a July 29 decision.

In her opening remarks, Presiding Judge Kuniko Ozaki made it clear the chamber was going to be strict about who spoke at the status conference and about lawyers limiting their responses to the questions the judges asked. In previ-ous status conferences, the chamber had allowed lawyers for the prosecution, defense and victims to each make submissions on an issue the judges have a question on.“The purpose of the hearing today is for the chamber to receive specific submissions. We will be directing certain questions to certain counsel. We will not be opening the floor to everybody,” Judge Ozaki said.All three judges of Trial Chamber V(b) asked questions of the lawyers, particularly Gumpert and Muigai. They sought clarifications on separate submissions the prosecution and the government of Kenya had filed last month giving the chamber an update on the progress they had made in their consultations. The judges also asked about whether there had been any developments since those submissions, which were filed in the first half of September.When lawyers began making observations or submissions beyond what a judge had asked, Judge Ozaki would cut them short and remind them to stick to what was asked. At one point she cut off Muigai for similar reasons, saying, “Mr. Attorney General, this is a status conference for us to gather information, and that is it.”

The records, which were the subject of Tuesday’s status conference, relate to President Uhuru Muigai Kenyatta’s fi-nancial and telephone records and assets, such as vehicles, land, and shareholdings in companies. The prosecution first asked for them in April 2012. The reason the prosecu-tion has asked for them is because one of the key allega-tions against Kenyatta is that he financed and raised money for attacks that occurred in the Rift Valley towns of Nakuru and Naivasha in January 2008 after violence erupted in

Kenya following the December 2007 presidential election.During the status conference on Tuesday, Gumpert told the chamber that nine prosecution witnesses had said that the payments they received for participating in those attacks ultimately came from Kenyatta.“It is on the basis of that evidence that the prosecution has made inquiries,” he said in response to a question from Judge Ozaki.When he was asked about the prosecution’s request for the tax returns of Kenyatta, Muigai said the Kenya Revenue Au-thority was only able to provide tax declaration information because that is the only documentation they retain from individual taxpayers.“What I understand that they do, Madam President, is that a tax return form is filled. They extract information that they consider to be relevant. They retain that information which they have extracted in a format that they use for their other purposes but they do not retain the forms,” Muigai told the chamber.Tax returns are among the eight categories of records the prosecution have asked for. The prosecution and the cham-ber have suggested Kenyatta’s tax returns are one way the government can determine companies he may own. They made this suggestion because Muigai has argued that with-out a registration number or company name, it would be difficult for him to ask the companies’ registry to search for companies Kenyatta may own. Muigai has explained that Kenya’s companies’ registry was paper-based before 2009 making a search without a company’s registration or name impossible. The prosecution’s request is for records between January 1, 2007 and December 15, 2010.Judge Geoffrey Henderson asked Muigai whether there was any need to be concerned that the position Kenyatta occu-pied affected how the government worked with the ICC.“An argument that says the Kenyan government isn’t work-ing with the ICC because Mr. Kenyatta is in the Office of Head of State is fallacious,” answered Muigai. “It is totally fallacious and baseless because I personally was in contact with the prosecutor, with the registry long before we held the election that brought the current administration to of-fice.”At the end of the status conference, Muigai asked whether he could be allowed to take part in Wednesday’s status conference as a friend of the court or amicus curiae. Judge Ozaki told him that would not be possible because Wednes-day’s hearing was already scheduled for only the lawyers for the defense, prosecution, and victims.

From The ICC

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When President Kenyatta temporarily laid down powers to attend ICC

Kenya’s President Uhuru Muigai Kenyatta confirmed to a joint sitting of the National Assembly and Senate last month that he will be going to the International Criminal Court (ICC) to attend a status conference on his case on Wednesday.(see full speech overleaf).Kenyatta said he was handing over power to Deputy President William Samoei Ruto so that he can attend the status conference as an individual. Kenyatta said he would be doing this by invoking a constitutional provision that allows the president to appoint his deputy as acting Head of State. After his speech to parliament, he held a cer-emony at Harambee House, the downtown Nairobi office of the president, where he signed the legal notice effecting the handover of power.In his address to the National Assembly and Senate, Kenyatta told legislators he was going to The Hague so as to ease anxiety about whether he would appear before the ICC as ordered by Trial Chamber V(b).“Nothing in my position or my deeds as President war-rants my being in court. So to all those who are con-cerned that my personal attendance of the status confer-ence compromises the sovereignty of the people or sets a precedence for the attendance of Presidents before the court, be assured this is not the case,” Kenyatta told legis-lators.“To protect the sovereignty of the Kenyan Republic, I now take the extraordinary and unprecedented step of the in-voking Article 147(3) of the constitution and I will shortly issue the legal notice necessary to appoint Honourable William Ruto, the Deputy President, as acting President while I attend the status conference at The Hague in the Netherlands,” said Kenyatta.Before Monday’s speech to the parliament, there had been speculation whether Kenyatta was going to attend the sta-tus conference on Wednesday as ordered by the chamber. The speculation gained momentum when the chamber declined to grant the request of Kenyatta’s lawyers that he be excused from the status conference or it be postponed to a later date.

The chamber has scheduled two status conferences for Tuesday and Wednesday because it says the Kenyatta case has reached “a critical juncture.” A status conference is a meeting between the judges and lawyers in which judges may seek clarifications on submissions the respective law-yers have made to it. It is also a forum where the judges and lawyers may address other matters.In the case of the conferences, the judges will be asking about progress in implementing earlier orders they issued to the Kenyan government to provide to the prosecution eight categories of records. The prosecution have said these records will determine whether they will drop the charges against Kenyatta.During his address to Parliament, Kenyatta stated he was innocent of the five counts of crimes against humanity that he is facing at the ICC. The charges arose from the violence that followed the December 2007 presidential poll. At the time Kenyatta did not run for president but was support-ing the re-election campaign of then incumbent President Mwai Kibaki.“I wish to reiterate here for all that my conscience is clear, has been clear and will remain clear that I am innocent of all the accusations that have been leveled against me,” Keny-atta told legislators.

How President Uhuru became the first Head of State to attend The Hague court

When Kenya’s President Uhuru Muigai Kenyatta showed up at The Hague he became the first sitting Head of State to appear before the International Criminal Court (ICC) as

an accused person (Kenyatta attended his pretrial hearing at the ICC in September, 2011, but at that time he was still deputy prime minister).

ICC

Presisent Uhuru invoked article 147(3) of the constitution appointing Deputy President William Ruto as acting President while he attended the

ICC status conference at the Hague.

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November, 2014

Kenyatta had been called to The Hague for a status conference—a private meeting between the judges, the prosecution and the defense to consider the state of the case. In deciding to postpone the trial opening originally scheduled for October 7, and to schedule the status con-ference instead, Trial Chamber V(b) noted that the case had reached a “critical juncture.” This is also one of the reasons the chamber gave in its September 30 decision for insisting on Kenyatta’s presence, despite a defense request that he be excused from attending court.The gravity of the moment was reflected in the central question that was before the judges on Tuesday and Wednesday: should the chamber indefinitely adjourn the trial, as requested by the prosecution, or terminate it, as Kenyatta’s lawyers had asked?Both the defense and prosecution agree on one thing: the prosecution’s evidence does not meet the “beyond reason-able doubt” threshold necessary to prove the allegations against Kenyatta. Each side, however, has different reasons for reaching this conclusion.However, judges were not to decide on whether the evidentiary threshold has been met by the prosecution when they heard submissions between October 7 and October 8. In different decisions Trial Chamber V(b) and its predecessor, Trial Chamber V, have emphasized that judges can only determine the strength or quality of any evidence once a trial has taken place.Instead, the chamber was to seek clarity on the progress of implementing its decision of July 29 this year, which ordered the Kenyan government to provide the prosecu-tion with eight categories of records relating to Kenyatta or companies and third parties associated with him. That decision followed an earlier one made in March in which the chamber required the Kenyan government and prosecution to meet and negotiate how to make available those records and then report to the chamber every two months.In the July 29 decision, the judges did not set any report-ing conditions, so the status conference on Tuesday was be the first time since that decision that the chamber would be hearing jointly from both sides. The prosecu-tion had said these records will determine whether the prosecution will persevere with the case or withdraw the charges against Kenyatta.Before this latest phase of the Kenyatta case, his lawyers had applied three times to have the case terminated or have the proceedings permanently suspended. In March last year, Kenyatta’s defense team asked the chamber to terminate the case. The judges at the time held that terminating the case was not the appropriate remedy to the issues Kenyatta’s lawyers raised. At the time, Kenyatta’s lawyers said that the withdrawal of a key prosecution

witness and the prosecution’s delayed disclosure of evidence were grounds for terminating the case. Trial Chamber V disagreed and instead gave Kenyatta’s lawyers more time to prepare their defense.In January this year, Kenyatta’s lawyers renewed their request for the case against their client to be terminated; at that time they cited a prosecution statement to the court that the current evidence against Kenyatta did not meet the beyond reasonable doubt threshold required by the ICC. Trial Chamber V(b) declined to grant that request. The chamber pointed out that the prosecution had yet to receive records that were requested from the Kenyan government in April 2012; it concluded that this matter needed to be re-solved first, before any decision on the request to terminate the case could be taken. In that decision made in March this year, the chamber left open the issue of whether to refer Kenya to the ICC membership for failure to cooperate with the court.Kenyatta’s lawyers also applied to the chamber to perma-nently suspend the case or issue a permanent stay of pro-ceedings in October, 2013. They argued then that a witness, Witness 118, and an intermediary for the prosecution had sought to influence a group of 10 prosecution witnesses to make up evidence against Kenyatta. In that application, they also argued that another prosecution witness, Witness 12, had solicited money to change his evidence in favor of Ken-yatta. The judges concluded that issuing a permanent stay of proceedings was an extreme measure to be taken to protect the rights of an accused person to a fair trial. The chamber said that was not the situation in the Kenyatta case.The judges also concluded that a lot of what the defense said about prosecution witnesses could only be tested in a trial process. They gave an example of audio recordings Witness 12 made on the prosecution’s instruction. The judges noted that the defense and prosecution interpreted differently the translation of those recordings, and those interpretations, the judges said, could only be best tested in a trial.Kenyatta’s trial has been postponed five times now. His law-yers have sought to halt the proceedings at least three times. These factors cumulatively raise the question of an accused person’s right to a fair and expeditious trial, as provided for in the ICC’s fundamental law, the Rome Statute. These con-siderations were also be on the minds of the judges of Trial Chamber V(b) once they rise at the end of the second status conference the following week to go and reach a decision on whether to adjourn or terminate the trial.The victims of the bloodshed that followed the December 2007 presidential election who are yet to receive justice will also surely be taken into consideration. This is the reason why the Kenyan cases are before the ICC in the first place.As the chamber said, the case has reached a “critical junc-ture.”

ICC

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The Speaker of the National Assembly,The Speaker of the Senate,Honourable Members of both Houses of Parliament,Fellow Kenyans, Article 132 of the Constitution provides for the President of the Republic of Kenya to address a special sitting of Parliament at any one time. Under the first arti-cle of the Constitution, “all sovereign power belongs to the people of Kenya.”In this respect, I am here to address you as representatives of the people on an important national matter regarding our sovereignty.Last Tuesday, as I touched down at Jomo Kenyatta Interna-tional Airport on my return from the 69 thSession of the United Nations General Assembly in New York, I received notice to attend a status conference at The Hague.Since then, the notice and its implied consequences for oursovereignty have raised confusion and anxiety. These con-cerns extend to our immediate region, and other friends of Kenya.My Fellow Kenyans, This is not a time for anxiety. It is a time to be proud of the democracy we have built, and the law-abiding country we have become. It is also a time to deliber-ate together, as members of the Executive, the legislature, the Judiciary, and indeed as citizens, on how to collectively

President Uhuru’s special address to the Nation from Parliament

realise the great destiny that beckons.Nurturing a young democracy in a treacherous world of des-potism, terrorism and extremism was never going to be easy. Neither was the building of a strong and diverse economy that could realise the dreams of more than forty million Ken-yans, and anchor a prosperous region.Indeed, our quest for greater development demands a clearer picture of the true state of our economy. While we have much further to go, our nation reached a significant milestone last week.We officially became a middle-income country, and took our rightful place as one of the ten largest economies in Africa. This milestone, among many others we have achieved over the past fifty years, reminds us that we are travelling in the right direction. It should be celebrated, for it gives us the fortitude to sustain our developmentefforts.In New York, I addressed the United Nations General Assem-bly and Security Council, giving a full account of our role in regional peace and security, our stand on the front lines of building robust democracies, of fighting global terrorism, of dealing with the threat of climate change, and of building strong institutions that can weather crises such as Ebola in parts of West Africa.

President Uhuru Kenyatta addressing a special Parliamentary session at Parliament Building, before leaving for The Hague on Oct 7, 2014.

ICC

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November, 2014

President Uhuru’s special address to the Nation from Parliament

I saw at the General Assembly the high esteem in which Kenya is held across the world, for its leadership in mat-ters of development, in the struggle for global peace and security, as a safe haven for millions of refugees from neighbouring countries, and as a stable hub for regional trade and investment.The world sees and applauds, as we do, our young men and women in uniform, who, under my command, are bravely fighting Al- Shabaab’s terrorists at home and abroad. Our diplomats are crucial actors in a troubled region, working to end the conflicts, and fill the vacuums in governance, that allow such terrorist groups room tooperate.The world knows that as a democracy on the frontier against terrorism, our people have been brutally mur-dered by the same terrorist networks that have sparked mayhem worldwide.We face these trials with fortitude, knowing that our work to banish insecurity, poverty, and division is our generation’s historic task. It is how our children’s children will remember us. By our effort and vision, new roads and railways, schools and hospitals, are being built, bringing with them jobs, wealth and new friends from all over the world. My Gov-

ernment daily improves service provision to its citizens. The world’s businesses look to our educated and industri-ous people as amongst the most promising to invest their wealth in.All these developments are anchored in the rule of law, which is a living expression of our collective will. Even at our lowest ebb, in our darkest days, the aspiration to be bound and protected by the law has shaped our character as a people and a nation.After more than two decades of consultations, and some-times ugly confrontation, we made history. In peacetime, we negotiated a new Constitution and re-organised our entire society and its governance structures. Today, we have a constitution that we are immensely proud of.There are few others globally that equal its protection of the rights of the individual, its balancing of executive, judicial and legislative power, and its demand for fulsome public participation and integrity in service.In the last year alone, we have transitioned from a uni-cameral to a bicameral legislature; from a parliamentary to a presidential system of government. We have moved in unprecedented fashion from a centralised system of gov-ernment where the winner takes all, to a devolved system, which gives power to the people to choose theirleaders, and to choose how they will be governed at the

The special sitting of Parliament which the President addressed

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local level.And we have established an independent judiciary, and oversight bodies able to stand up for the public interest.We strive to fully realise this new constitution, even in the face of the global threat of terrorism whose perpetra-tors and agents manipulate our expanded democratic space to radicalise and recruit their foot soldiers.Internationally, our diplomacy has been driven by the desire for a level playing field, on which all nations and their peoples are equal in respect of their sovereignty. This is why Kenya played a crucial leadership role in the negotiations that led to the creation of the ICC through the Rome Statute, as well as in mobilising African states to sign up to it.Given our experience with the Court, many have since asked why we acted with such enthusiasm. It was be-cause we believed then, as we do now, that in an unequal world, only a common set of rules governing interna-tional conduct could keep anarchy at bay.My Fellow Kenyans,After the brief but painful conflict that followed the 2007 election, communities and their leaders, at the grassroots, undertook immense efforts at reconciliation. Thousands of meetings were convened; Kenyans across the country deliberated together on what had brought discord to our nation, and what we needed to do toheal.Five years later, the Deputy President, William Ruto, and I went to every corner of our country asking you for the honour of your vote.Our electoral ticket was forged from a national desire for peace, reconciliation, and national cohesion.When I took up the mantle of leadership in April 2013, I focused attention on the rehabilitation and restoration of Kenyans affected by the 2007-8 post-election violence. My Government resettled all the remaining registered households that were still in camps.This in addition to those previously resettled under the Rudi Nyumbani and integrated IDPs initiative where land was availed for resettlement, houses built, counsel-ling offered, cash transfers made, and free medical atten-tion in government facilities provided.That was the least we could do to relieve their suffer-ing, and ease the resumption of their normal lives. I am committed to ensuring that Kenyans never again have to endure such tribulations.My Fellow Kenyans,Four years ago, on the fifteenth day of December 2010, I watched in disbelief as I was named, with five others, as one of those suspected of bearing the greatest responsi-bility for the 2007-8 post-election violence.This was the beginning of my long and arduous journey to defend my name in the face of these serious allega-tions. I wish to reiterate here for all that my conscience is clear, has been clear, and will remain forever clear that

I am innocent of all the accusations that have been levelled against me.After all this, the Prosecutor of the ICC has since last De-cember, and as recently as last month, admitted to the judges that “the available evidence is insufficient to prove ... alleged criminal responsibility beyond reasonable doubt.”This came as no surprise: a judge at the ICC had previously found the “prosecution failed to properly investigate the case ... in accordance with its statutory obligations.”When the prosecutor admitted that there was insufficient evidence against me, I expected that the matter would be dropped for lack of evidence. Instead, the prosecutor request-ed an indefinite postponement of the case and shifted the focus to the Government of Kenya to provide the evidence.It was made clear that I was to be excluded from dealings between the prosecutor and the relevant organs of the Gov-ernment of Kenya in this new focus. Accordingly, my legal representatives were excluded from this exercise.In compliance with this order, I have not interfered with the protocol set by the prosecutor in her dealings with the government. This means that in this new line being followed, I was kept in suspense, while the prosecutor engaged with the relevant organs of the government.Whenever the organs of the Government of Kenya required my consent in relation to these investigations, I gave that consent. I have cooperated with the prosecutor to assist in establishing the truth at all material times. Unfortunately, unfounded and unproven accusations are the order of the day. My accusers, both domestic and foreign, have painted a nefarious image of most African leaders as embodiments of corruption and impunity. This image de-pends on an internalised assumption that social and political upheavals in Africa are inherently perverse, and the result of leadership failure, that always warrants a charge of Crimes against Humanity.Within the Assembly of State Parties, a number of member-sobserved that the Rome Statute, which is ultimately derived from the equality of states as espoused in the U.N. Charter, is weakened by partiality.The Africa of Nkrumah, Nyerere, Ben Bella, Nasser, Chief Albert Luthuli, and our founding father Jomo Kenyatta, raised concerns about the risks of undermining the sovereign equality of states.These concerns remain valid to this day.The African Union, in its wisdom, resolved in October last year that “to safeguard the constitutional order, stability and, integrity of Member States, no charges shall be commenced or continued before any International Court or Tribunal against any serving AU Head of State or Government or anybody acting or entitled to act in such capacity during their term of office.” It also resolved that my trial and that of Deputy President William Ruto, as the current serving lead-ers of the Republic of Kenya, should be suspended until we complete our terms of office.

President Uhuru’s special address to the Nation from Parliament

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November, 2014

President Uhuru’s special address to the Nation from ParliamentAs the single largest constituency in the Assembly of State Parties, and keeping in mind the gravity of their demand, African states expected positive consideration.To this end, they sent five ministers to New York City to confer with the United Nations Security Council and seek a deferral of the Kenya situation in light of the dire challenges to peace and security on this continent that it is my duty to address. They were disappointed. The push to defend sovereignty is not unique to Kenya or Africa. Recently, the prime minister of the United Kingd om committed to reasserting the sovereign primacy of his parliament over the decisions of the European Hu-man Rights Court. He even threatened to quit the court.I remain grateful for Africa’s support. Our century of struggle against domination and exploitation continues. Our independence and sovereignty deepen every passing year, as our prosperity grows and we stand firm together. Kenya will remain at the front of this common cause, which is both our opportunity as a nation and our obliga-tion as a people. I am grateful for the support ourbrothers and sisters have lent Kenya. We stand with them as we look to our immensely promising future.My Fellow Kenyans,My Government has begun the implementation of our constitution with great fervour and enthusiasm. We have focused on locating young Kenyans at the heart of eco-nomic growth as no other administration has done in our history, and indeed the fight against terror and insecurity remains high on our national agenda.It should be clear, therefore, that this government has enough on its hands fighting poverty, securing the peace and building regional integration to be focused on any

other matter. It is a government founded on the rule of law, with a profound conviction that justice is our shield and defender.Mr Speaker,Fellow Kenyans,I am deeply optimistic about the future of Kenya. We will succeed by putting the nation’s interests first and foremost. It is for this reason that I choose not to put the sovereignty of more than forty million Kenyans on trial, since their democratic will should never be subject to another jurisdic-tion.Therefore, let it not be said that I am attending the StatusConference as the President of the Republic of Kenya. Nothing in my position or my deeds as President warrants my being in court. So, to all those who are concerned that my personal at-tendance of the Status Conference compromises the sover-eignty of our people, or sets a precedent for the attendance of presidents before the court – be reassured, this is not the case.To protect the sovereignty of the Republic of Kenya, I now take the extraordinary and unprecedented step of invoking Article 147(3) of the Constitution. I will shortly issue the legal instrument necessary to appoint Hon. William Ruto, the Deputy President, as Acting President while I attend the status conference at The Hague, in the Netherlands.Finally, I urge my fellow citizens to accept and understand my decision. I also urge our African brothers and sisters to stand with Kenya, and all people of good will, and friends of Kenya, to stand with us in this difficult time.

Thank you and God bless you.

Deputy President William Ruto with Chief of Staff Gen. Julius Karangi at Parliament buildings waiting for President Uhuru’s arrival to address the Nation from Parliament.

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President Uhuru leaving for Netherlands

President Uhuru travelled for the Netherlands where he attended the ICC Status Conference.

The President being cleared to fraud at aJKIA

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November, 2014

Arrival at The Hague for the ICC Status Conference

The Advance team of politicians received the president at schiphol airport.

Nairobi Senator Mike Sonko Mbuvi with other enthusiastic Kenyans in the street outside court in The Hague.

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He is the first serving head of state to come before the court in The Hague. He was called to appear at the ICC “status confer-ence” when the prosecution said evidence needed to go ahead with a trial was being withheld 8th of october, a day before the

Uhuru Kenyatta did cut a composed figure in court. He sat back, occasionally glancing at his “first family”’ on the front row of the public gallery. He was wearing a patriotic brace-let in the Kenyan colours. Never has there been a more glamorous audience in attendance. Pink and yellow head-scarves and gold earrings punctuate the mostly grey suited public space, bringing some colour to the dark period of Kenyan history that was the subject of this hearing.The president temporarily relinquished power to go to The Hague. Nevertheless, his convoy received a presidential welcome. Flag-waving crowds surged as his police-escorted car pulled up. International TV crews jostled to get him in their frame.This trial was testing the limits of international justice. The prosecution says Kenya is not co-operating by handing over evidence. Kenya says that if they do not have the evidence, the charges must be thrown out. The ICC was partly de-signed to demonstrate that even the most powerful lead-ers cannot be above the law. Regardless of whether Uhuru Kenyatta is guilty or innocent, one thing he has proved is that it is extremely challenging to prosecute a president.Scores of Mr Kenyatta’s supporters packed the public gal-lery as the hearing got under way.Defence lawyer Steven Kay said Mr Kenyatta would not be making a statement. He said the government had co-oper-ated with the prosecution requests where it was possible to do so.The hearing was later adjourned.ICC chief prosecutor Fatou Bensouda, who is from The Gambia, said there was still a significant “body of evidence” against Mr Kenyatta.

status conference.The charges - which Mr Kenyatta denies - concern his alleged role in violence following the 2007 elections.More than 1,000 people died in the aftermath of the poll.Mr Kenyatta says the charges against him are political-ly motivated and insists that the case should be thrown out. The prosecution accuses the Kenyan government of obstructing the investigation. Packed galleryThe BBC’s Anna Holligan in The Hague says there were chaotic scenes as Mr Kenyatta arrived at the ICC, where a large crowd was waiting.The ICC wants him to explain allegations that evi-dence against him had been withheld by the Kenyan government - a claim rejected by Kenyan Attorney-General Githu Muigai, who appeared before the court on Tuesday.

President Uhuru Kenyatta appeared relaxed as the hearing got under way

The prosecution, which wants an indefinite adjournment, told the court it had phone data and nine witnesses who were willing to testify how Mr Kenyatta had funding links with the Mungiki sect which took part in the violence.Fergal Gaynor, a lawyer for the victims, said they were entitled to know why witnesses for the prosecution had withdrawn from the case.In September, the court postponed the trial after prosecu-tors said the Kenyan government had failed to deliver key documents.Personal capacityDeputy President William Ruto is acting president while Mr Kenyatta is at The Hague.

Supporters of President Kenyatta called on the ICC to drop the case

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November, 2014

President Uhuru’s arrival from the Hague

President Uhuru received by Deputy President William Ruto and other senior Government officials on arrival from The Hague where he attended the status conference on Thursday oct 10, 2014.

Kenyan Leaders received the President back in the country at JKIA

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Streets overflowed with jubilant wananchi

President Uhuru arrived from the ICC following the status conference at the Hague. “Let me assure all Kenyans that the Jubilee Government is firmly in charge and no amount of intimidation will distract this Government from implementing its development agenda. It is true that we are faced

with some challenges we are well placed to solve our own problems and no outsider can do so for us. We know where we have come from and where we are going. We have the capacity and we will do everything possible to solve our own problems. Problems facing Kenyans cannot be

solved through mere politicking. We need to work together and confront the challenges facing the people,” he told the large crowds.

Both President Uhuru and Deputy Ruto rode in the Presidential limo from where they acknowledged cheers from ecstatic Kenyans,

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November, 2014

Streets overflowed with jubilant wananchi

The Crowds that welcomed the President were not seen in recent history.

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Deputy Ruto handed back the office to its holder

Inside the Presidents office for re-handing over back the office to the President.

“Thank you William,” President told Deputy Ruto after re-handing over the office back to him.

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November, 2014

President Uhuru received by State House members of staff

President Uhuru was received by State House members of staff on arrival from the Hague where he attended the Status Conference

More State House staff members welcoming back their boss to the seat of power.

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OPENING OF THE INVESTIGATION

On 5 November 2009, the ICC Prosecutor notified the President of the Court of his intention to submit a request for the authorisation to start an investigation into the situa-tion in Kenya pursuant to article 15(3) of the Rome Statute, about the 2007-2008 post-election violence in Kenya in which around 1,300 people were allegedly killed.

On 6 November 2009, the Presidency of the Court assigned the situation to Pre-Trial Chamber II, composed of Judge Ekaterina Trendafilova (presiding judge), Judge Hans-Peter Kaul and Judge Cuno Tarfusser.

On 31 March 2010, Pre-Trial Chamber II granted, by majority, the Prosecution’s request to open an investigation into alleged crimes against humanity in Kenya. The investi-gation covers crimes against humanity committed between 1 June 2002 (the date of the Rome Statute’s entry into force for Kenya) and 26 November 2009 (the date the Prosecutor filed the request for authorisation to start aninvestigation).

SUMMONSES TO APPEAR

On 15 December 2010, the ICC Prosecutor requested Pre-Trial Chamber II of the ICC to issue summonses to appear for six Kenyans on the basis that there existed reasonable grounds to believe that they were criminally responsible for crimes against humanity.

On 8 March 2011, Pre-Trial Chamber II, by majority, is-sued the decisions on the applications submitted by the Prosecutor and summoned Francis Kirimi Muthaura, Uhuru Muigai Kenyatta and Mohammed Hussein Ali to appear before the Court.

On 31 March 2011, the Government of Kenya filed an ap-plication challenging the admissibility of the case before the ICC. On 30 May 2011, Pre-Trial Chamber II rejected this application. Pre-Trial Chamber II’s decision was con-firmed, on 30 August 2011, by the Appeals Chamber.

At the initial appearance hearing, which took place on 8 April 2011, the Chamber scheduled the confirmation of charges hearing in this case for 21 September 2011.

CONFIRMATION OF CHARGES AND COMMITTAL TO TRIAL

Key judicial developments on Uhuru’s ICC case

The confirmation of charges hearing was held from 21 September to 5 October 2011. On 23 January 2011, the Judges declined to confirm the charges against Mr Ali. Pre-Trial Chamber II confirmed the charges against Mr Muthaura and Mr Kenyatta and committed them to trial before an ICC Trial Chamber.

On 18 March 2013, the charges against Francis Kirimi Muthaura were withdrawn.

On 23 January 2014, Trial Chamber V(b) vacated the trial commencement date of 5 February 2014 in the case of The Prosecutor v. Uhuru Muigai Kenyatta.

On 19 September 2014, Trial Chamber V(b) vacated the trial commencement date in the case The Prosecutor v. Uhuru Muigai Kenyatta, which had been provisionally scheduled for 7 October 2014.

The Chamber also convened two public status confer-ences for 7 and 8 October 2014 to discuss the status of cooperation between the Prosecution and the Kenyan Government and issues raised in theProsecution’s Notice of 5 September 2014, respectively The defendant is not in the custody of the Court.

PARTICIPATION OF VICTIMS

725 victims are participating in proceedings in the Keny-atta case and are represented by Fergal Gaynor.Composition of Trial Chamber V (b)Judge Kuniko Ozaki (Presiding)Judge Robert FremrJudge Geoffrey A. HendersonThe Office of the Prosecutor Fatou Bensouda, ProsecutorJames Stewart, Deputy Prosecutor Benjamin GumpertDefence Counsel for Uhuru Muigai Kenyatta Steven Kay QCGillian HigginsLegal Representative of the Victims Fergal Gaynor

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November, 2014

VERBATIMKenya’s AG in attendance

(Open Session) ICC International Criminal CourtTrial Chamber V(b) Courtroom 1Situation: Republic of KenyaIn the case of The Prosecutor v. Uhuru Muigai KenyattaICC Presiding Judge Kuniko Ozaki, Judge Robert Fremr and Judge Geoffrey HendersonStatus Conference (The hearing starts in open session at 2.03 p.m.)THE COURT USHER: All rise.The International Criminal Court is now in session.Please be seated.PRESIDING JUDGE OZAKI: Good afternoon and wel-come to this status conference.First of all can counsel please introduce themselves for the record, starting with Prosecution?MR GUMPERT: Certainly, Madam President. My name is Ben Gumpert. Sitting next to me is Sam Lowery and in the row behind Shamiso Mbizvo and HaiDo Duc.Thank you.PRESIDING JUDGE OZAKI: Thank you.Defence counsel, please?MR KAY: My name is Steven Kay. I’m in court today with Mr DesterioOyatsi, Ms Gillian Higgins, Mr Kennedy Ogeto and Mr Benjamin Joyes.PRESIDING JUDGE OZAKI: Thank you.Legal Representative of Victims?MR GAYNOR: Thank you, Madam President. My name is Fergal Gaynor. To my relevance and specificity is not ours, it’s the Prosecutor’s. But number two, and more im-portant, it is the same, same difficulty that the Prosecu-tion has created and the Prosecution is saying, “We have investigated this case for five years. We came to the Court and said we had enough material to have it confirmed, it was confirmed. We came to the Court and said we were ready for a hearing, give us a hearing date. A hearing date was confirmed.” And now the Prosecution says because we have said to them, “Give us these names of those other corporate entities so that we do a search” and their answer is “We don’t know those Corporate entities and we don’t know the third parties and we...PRESIDING JUDGE OZAKI: Mr Attorney General, I’m sorry again to interrupt, but this issue has been already raised by you.MR MUIGAI: Yes. So we are unablePRESIDING JUDGE OZAKI: So you don’t you don’t need to repeat.

MR MUIGAI: We are unable to comply with a request that says the Prosecutor does not know the entities he’s investigating, but by some miracle we should find out what those entities are and investigate whether they own motor vehicles. It’s absurd.PRESIDING JUDGE OZAKI: Thank you.Mr Kay?MR KAY: Madam President, the most appropriate investi-gation on this matter would have been to take vehicle regis-trations that were mentioned in the evidence and search for them on the Kenyan national record database. That’s never been done.Instead, we were asked to supply vehicle registration num-bers in the hope that something might fit. Well, it doesn’t fit on the database, and this is again a reflection of the lack of direction to obtaining material evidence in this case and I hope the Court takes note of it.Thank you.PRESIDING JUDGE OZAKI: Thank you very much, Mr Kay.Mr Gaynor?MR GAYNOR: No, thank you, Madam President. The fifth category is bank records.Prosecution?MR GUMPERT: Indeed, it is, Madam President. The re-quest was to identify accounts held by Mr Kenyatta person-ally or through third party entities, the same proposition about which Mr Muigai, the Attorney General, and I have been in some dispute and to provide statements between the same two dates. And in response, records relating to various accounts at various banks which there is no public interest in revealing have been provided between the months of well, between 1December and 28 February 2007 and 008 respectively.The remarks I would make are these: It has become plain that as with a number of these requests and we heard from Mr Kay just a moment ago something I was unaware of, that it was that the vehicles registration were provided as a result of a request made by the Kenyan government to to the Defence, but here the records have been provided not as a result of any court order, but by Mr Kenyatta’s consent. And indeed the Kenyan government make no secret of that.What I have observed the Government of Kenya is that the OTP needs formal assurance that the accounts revealed represent the totality of accounts held and in particular that Mr Kenyatta’s consent has not been withheld in respect

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of any account. What’s important once again is not for the Prosecution to learn what Mr Kenyatta says the position is, but to learn what the formal records held by the banks and the…PRESIDING JUDGE OZAKI: Thank you, Mr Kay.Mr Gaynor?MR GAYNOR: Simply to briefly observe that the question ofrelevance should strictly not be for the government. Iknow there is court jurisprudence to this effect, but certainly under the International Crimes Act, the Attorney General has absolutely no mandate to examine the relevance of mate-rial. As far as the victims are concerned, anything which the Prosecution in good faith believes is relevant to the flows of funds potentially from a suspect which are in anyway rea-sonably related to the commission of a crime, that is material which should be handed over by every State Party. Thank you.MR MUIGAI: Madam President, allow me to answer that in one sentence. I have consistently deferred to Mr Kay to provide an explanation on relevance on all these questions. I didn’t say anything regarding foreign exchange records that goes to relevance. What I said is that to the extent that we were required to make an inquiry, we did and found noth-ing. My next point was we don’t understand what the other corporate entities are. Maybe it would be useful for court officials to supply the documents to counsel for the victims so that we avoid a further wastage of time. PRESIDING JUDGE OZAKI: Thank you.I think we can safely go to the next category, which is tel-ephone records.ProsecutionMR GUMPERT: Yes, Madam President

We requested the Government of Kenyato identify andsorry, to identify numbers ascribed to, used by or associ-ated with Mr Kenyatta and to provide call data records between those same two dates.In response, we have not yet been provided with any data. We’re informed and indeed we’ve been kindly shown a letter written by an official from the Commu-nications Commission of Kenya, as I understand it’s the government agency which regulates the telecommunica-tions industry in Kenya, and that letter states “Informa-tion in respect of the numbers that were in use at that time sorry, it asks for “Information in respect to the numbers that were in use at that time...” he means by Mr Kenyatta,”...taking into account that Kenya did not have a compre-hensive regime for registering subscribers at the time.”So as I understand it, what is being said is that not all phones there was no comprehensive requirement when you bought a telephone or when you set up a connec-tion with a mobile telephone company for you to give them their name and for them to register it.The comment we would make is this: There must be records which would enable contract, as opposed to pay as-you-go subscribers; in other words people who pay their bills after they’ve had the usage to be billed by those telephone companies. It would be obviously a physical necessity that one has a name and an address in order to get the person associated with the number to pay the bill.We observe that there’s been to our knowledge no court order in Kenya, or any other compulsion, aimed at obtaining these telephone records. The CCK, the regulatory body, has expressed hope that the data can be obtained on a consensual basis; that is to say that we can have the data if Mr Kenyatta consents to our having it.We emphasise that it is in order to obtain a full list of relevant numbers, as held by the telephone companies under the authority of the CCK, that we’re making this request in the first place. There is once again an element of circularity here. We say “There must be records which show the numbers associated with Mr Kenyatta.” They say, “Tell us the numbers.”We’re asking the government to make formal inquiries to obtain and provide comprehensive materials, using legal powers of compulsion if necessary, irrespective of Mr Kenyatta’s consent.Furthermore, we would respectfully suggest that there must be formal and informal lists and records of tele-phone numbers on which cabinet ministers and mem-bers of parliament and their staff could be reached in 2007 and 2008. Mr Kenyatta was one such person, and we would respectfully submit that there must be mate-

Fatou Bensouda - Procecutor

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November, 2014

rial within the possession of the Government of Kenya which contains numbers which were associated with him. We’d like that material.PRESIDING JUDGEOZAKI: Thank you very much, Prosecution.The court officer just informed me that the English realtime transcript has stopped working and IT is now in-vestigating the issue. I hope we can continue and unless we have some problem in unless we may some problem in case of redactions, but if we all be very careful I don’t think we need redactions. And of course the editedtranscript will reflect the whole proceedings, so it should be okay.With this, I would like to invite Mr Attorney General to respond now on telephone records.MR MUIGAI: Thank you, Madam President. I want to repeat myself by saying it is this request for phone records that best demonstrates the difficulty that the Government of Kenya has been placed under.The Prosecutor has requested that we search for any num-bers that were in use by Mr Uhuru Kenyatta. The regulator has been written back and said, “At the time that you have identified, Kenya did not have a comprehensive regime of mobile subscribers.” If I am not mistaken, that com-prehensive regime is being implemented now. But they could provide records of any numbers that were supplied according to the limitations of the data housing systems that they employ. I received an inquiry yesterday, and it was quite clear the Prosecutor had not been informed by his team of the nature of the meeting that had taken place in July 2013 where they were in possession of information concerning the use of the databases of the phone compa-nies in Kenya.They have had every opportunity themselves to acquire

this evidence. They don’t need the Government of Kenya. I proved it could be done. They didn’t want to be joined as a party to the proceedings. They thought it was better if I did it in my own name. So it was taken in my own name by counsel in Kenya. They have had the opportunity and facility to obtain any of this evidence themselves. They’re quite capable of doing it, and they have been involved in consenting to that procedure within Kenya since July 2013.The evidence has produced nothing for them, absolutely nothing. They were asking for the provision of a number when they’d already got that number and provided it to the joint expert to supply the data for that number. They’d already extracted that from the evidence.They’ve analyzed mobile phones. They’ve taken mobile phones from witnesses and had the contents analysed to provide themselves with a database of contact numbers.That evidence has always been available to them. The number they investigated came from one of their witnesses. They’ve investigated this. Setting this up now as a further issue causes me to repeat in summary what I’ve said before, that obstacles are being placed in the way of this case and made the fault of the Government of Kenya utterly unrea-sonably and wrongfully. And I hope this Bench took the Prosecutor to task this morning over what he was asking for and what its relevance was, because for us we can see what relevance there has been and what the evidence was able to defeat when it was produced.Those are my submissions. Thank you.PRESIDING JUDGE OZAKI: Thank you, Mr Kay.Prosecution, do you have anything to say in response to the point made by Mr Kay about joint investigation and avail-ability of telephone records?MR GUMPERT: Mr Kay is absolutely right that there were investigations conducted through a jointly instructed expert. However, he’s absolutely beside the point. What we are trying to ascertain here is a definitive record of the telephone numbers and the usage of those numbers associ-ated with the defendant, with the accused person, MrKenyatta. We are not satisfied the material in our posses-sion represents anything like that comprehensive record. We suspect that those re cords are available in the compa-nies who provide telephone services in Kenya, that’s what we’re asking for the help of the…PRESIDING JUDGE OZAKI: Thank you.Mr Gaynor?MR GAYNOR: Thank you, Madam President.Your Honours, if you could imagine for a moment that you did have the requested telephone data, then your Honours would know exactly where Mr Kenyatta was during the period of the crimes alleged, and you would know exactly who he was speaking to, and you would also know that information for his close associates. In other words, yourHonours would have a very clear picture as to what ex-

Steven Kay, Uhuru’s defence Attorney

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actly he was up to. The fact that that information is being withheld from your Honours is a matter of extremely great concern. The suggestion that the telephone numbers have either been erased or no longer exist or have been forgot-ten, if that suggestion has been made, is thoroughly unper-suasive. And I think this issue in my submission, Madam President, illustrates perhaps more than any other just what we’re up against here, and that is a policy of deliberate obstruction of access to relevant evidence in this case.Thank you.MR MUIGAI: Madam PresidentPRESIDING JUDGE OZAKI: Mr Attorney General?MR MUIGAI: let me ask, because we are you are a court of record. Things are being said on the record. We have explained that at the material time in Kenya, there wasn’t a comprehensive phone registration system.Mr Gaynor seems to know more about Kenya than Kenya knows about itself. And we would want him to provide us with these numbers, the same challenge we have put to the Prosecution. Those numbers that are disclosed by the evidence, give them to us, we will do a search on the numbers. But you cannot tell us to find documents that the regulator says have never existed in Kenya. And that is not obstructionist.That is common sense.PRESIDING JUDGE OZAKI: Thank you.I suggest that we do not repeat our discussion about ob-struction and so on.The final category is intelligence records.Prosecution?MR GUMPERT: Yes, Madam President. The request was for the identification of any information held by the Security and Intelligence Services of Kenya concerning the activities of Mr Kenyatta and any corporate identities identified under paragraph 1, the same thorny problem we have been wrestling with throughout. That’s the request.The response was a letter we were provided with and we’re grateful for it, a letter dated the 19 June from the Kenyan National Intelligence Service stating that Mr Kenyatta was not a target of the NSIS between 1 December 2007 and 28 February 2008; and that there is, therefore, no information held by the NIS, that’s the National Intelligence Service, on the activities of the accused for this period.The only comment I make is that we continue to request records in the name of third parties or companies which may be identified as entities in which Mr Kenyatta has a significant interest, and when that material is provided, we ask that the intelligence records be combed again for refer-ence to those entities. It is a point your Honours will have well in mind by now.PRESIDING JUDGE OZAKI: Thank you.Mr Attorney General?MR MUIGAI: In our view, the certificate by the National

Intelligence Service is conclusive of the matter. We would be willing to respond to a claim that a report other than what has been given is available somewhere else which we should investigate.Secondly, the requests by OTP that NSIS should be requested to give another report on third parties, other corporate entities, not only is this an impossible one to comply with because the corporate entities are not identi-fied, and we have no way of knowing. I would imagine that if Mr Kenyatta has ten shares in Kenya Airways, the Prosecutor would want a security intelligence report on the activities of Kenya Airways during that period. We would be happy to provide that if any of such iskept. But we would have to be told what are these cor-porate entities and who are these other persons. Is it his watchman?Is it his cook? Is it his gardener?The absurdity of this request must be clear to all that we are being asked without specificity, without any identi-fication, to do a general search about persons we do not know. We are unable to do that, and we regret that we are unable to do that because it is impractical, not because we are obstructing.PRESIDING JUDGE OZAKI: Mr Kay?MR KAY: Madam President, a corporation is a statutory body. I don’t know whether the National Intelligence Agency was sitting in Companies House watching the files of shares or anything like that. This is a completely badly drawn request of no relevance to the case for im-material evidence that could never be fulfilled and is plainly a fishing exercise. I ask the Court to remember the very limited area of which the Court was concerned when this case was adjourned, and somehow this has been allowed to develop and mushroom, and we’re spending our time arguing matters, but not the primary matters with which we were concerned on that day in January when the Prosecution got their adjournment to

Judge Kuniko Ozaki, Presiding

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November, 2014

avoid a disposal of the case in a trial by the entering of a not guilty verdict. And so requests like this have been made that are utterly fruitless for the case and, whatever explanations are given, I can assure you we have found nothing of rel-evance within the evidence.PRESIDING JUDGE OZAKI: Thank you, Mr Kay.Mr Gaynor?MR GAYNOR: I simply want to observe, Madam President, that under the law of Kenya, the accused is in fact in direct control of the National Intelligence Service, which illustrates another of the unique difficulties of this case. He controls that service, so it perhaps should not be entirely surprising that we’re not able to get the information.That’s the point I made this morning, and I would like to stress the importance of this request in this open session.PRESIDING JUDGE OZAKI: Now, Prosecution and Kenyan government, are there any other submissions that you would like to make? And after that I would like to give the floor to Defence and Legal Representative to make any submissions.MR GUMPERT: No, I think the Attorney General and I, from what I gather from his body language across the court, are in agreement. There’s nothing further to be said on our part.PRESIDING JUDGE OZAKI: Attorney General? No?MR MUIGAI: Just to place on record the our thanks for the co operation we’ve received from the Prosecutor on this mat-ter.MR GUMPERT: And indeed I return that.PRESIDING JUDGE OZAKI: Thank you very much. Mr Kay?MR KAY: Thank you, your Honour.Can I remind the Court of what was said on 5 February 2014 concerning the request by the Prosecution to have this trial adjourned, and that concerned that the last remaining absent the financial records ... the remaining stones unturned are better characterised as pebbles, and the realistic prospect that turning them will yield real potentially conclusive evidence

is minimal.” And the Prosecutor went on to say that if records of the financial accounts of the accused were produced and “If there were no such movements of funds, that will be a cardinal point to suggest his innocence. On the other hand, if there was unexplained movements of large amounts of money, that would tend to support the Prosecution’s assertions.”Those bank records have been obtained. They have been able to be analysed by today’s date. The Court knows ex-actly the allegations that have been made in this case and the amounts of money that were being posited as being payments for the post election violence. I wonder if the Prosecutor has explained to you that in everysingle one of those accounts that he will have looked at there is actually not a single withdrawal that supports the allegations made in this case.But instead of just dealing with the stones and pebbles, we now seem to be dealing with large earth moving equip-ment to try and find extra evidence or create a situation where requests are made that cause a further request to be made that is incapable of fulfillment and any person considering because the allegations in the case would well have been understood by the Government of Kenya, by the parties and by those watching, that the heads of request of tax returns and other information, when the accounts, not any returns or forms but the actual ac-counts have been produced by the relevant authority from the Kenyan banking system utterly defeat the allegations made in this case.And what I am concerned with is that we have been go-ing through this process when we have reached a stage of there being no evidence, and it seems that the Court is unwilling to grab the issue and dismiss this case. Pros-ecution don’t want to withdraw it. They create obstacles saying it’s the Kenyan government, that’s the reason why they can’t come to a decision when they’ve had the means at their disposal since 23 June to satisfy the statement that was made in this Court on 5 February.Our concern is that the Court and the pressure of this case and I don’t mean the Judges, I mean the institution itself having brought such a high profile case against Presi-dent Kenyatta has now found itself with a big problem of credibility in relationto this Prosecution and we are being made the victims of the process.The answers to the evidence of the Prosecutor and the case that he wanted to build are very apparent from the evi-dence that is being disclosed, be it phone records,vehicle records, financial records. Instead, requests far exceed-ing any notion of the evidence in this case are being made without any relevance to the allegations. And it’s quite clear to many people, having listened to what these requests were today, that we are simply descending into a world of complete lack of objectivity.

Mr Gaynor, victims Attorney

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Our position is that this case failed on 5 February. Time was given, work has been done to try and enable the Prosecutor to fulfill what he claimed he wanted to fulfill on 5 February, but what has happened is another game has started because they have had cold feet about the disposal of this case.Everybody knows the pressure around this building con-cerning this case, the things that were said about my client, the allegations and assertions made in this courtroom, the decisions made from the confirmation of charges hearing based upon evidence they produced, which then proved to be fabricated and false. This is a very unreal position that we are in at this stage if this Court has not had a grip of this case to put this case --PRESIDING JUDGE OZAKI: Mr Kay, I’m sorry to inter-rupt. Please stick to the theme of the status conference, which is cooperation request.MR KAY: Yes, and the cooperation requests are merely a frontispiece. They are nothing more than that. And we have had outstanding our request for a verdict of not guilty and a termination of these proceedings since the declaration by the Prosecutor that their case lacked sufficient evidence and probably at a time an understanding, because it is very close in proximity, we get the rebirth of the requeststo the Government of Kenya in November of last year, but we have outstanding this…PRESIDING JUDGE OZAKI: And please stick to the agenda item of this status conference.MR GAYNOR: I will indeed, Madam President. At the risk of sounding Pessimistic, everything that we’ve heard today from the Government of Kenya is indicative that we have had no real change in what is essentially a policy of obstruction of access to relevant documents and relevant witnesses. Now, I do want to express my concern that the Prosecution is only proceeding on one specimen charge under Article 87(7) of the Statute. I’ve communicated with the Prosecution that we believe it’s imperative that they should file as many 87(7) requests to your Honours as are necessary to reflect the totality of obstruction by the gov-ernment in this case. In my submission, the Prosecution has been very lax with the Government of Kenya.Its first 87(7) request came in December 2013. By then the cases against Mr Ali and Mr Muthaura had already col-lapsed. According to the Prosecution’s own submissions, both cases had suffered from evidentiary weaknesses which can be directly linked to the State’s failure to provide proper access to relevant witnesses and relevant documents. Now, it is imperative that should, in due course, the Trial Cham-ber refer this matter to the Assembly of States Parties for their further action, the Assembly of States Parties must have a full picture of the entirety of what’s going on in this case.And the question of obstruction of access to evidence, let’s leave that to one side, but let’s not forget that the govern-

ment has opposed the compulsory of testimony of wit-nesses in Kenya; it has opposed rule changes intended to facilitate the admission of the evidence of witnesses who have been bribed, intimidated or who have disappeared; it has promoted the view that the ICC is racist and neo-colonialist; it has put forth arguments repeated today that the consent of the suspect is required before incrimina-tory evidence can be delivered to the Prosecution; it has failed to keep its numerous promises to this Court, to the UN and to the ASP to ensure a genuine domestic justice process for PEV crimes. Not one police officer, not one rapist has been convicted in Kenya for crimes commit-ted during the post - election violence period. There is, in fact, a status of total impunity in Kenya for those who directed PEV crimes at the local, national and regiona l level. Now, the Attorney - General has previously argued, I don’t want to misquote him, but I think he’s essentially taking the position that Mr Kenyatta has no power to order the provision of evidence to the ICC, but a strik-ing demonstration of Mr Kenyatta’s power and willing-ness to order the provision of documents is revealed in his decision last month to provide documents sought by Swiss prosecutors investigating financial crimes allegedly committed by Kenyan citizens around 15 years ago. Those victims who might have followed this in the newspapers in Kenya or on television are entitled to ask why Mr Ken-yatta will not also order the provision of relevant evidence to the ICC. A few facts will serve to illustrate the point. The Swiss Attorney-General issued a press release on 20 June of this year confirming his request for documents to the Government of Kenya. Within four days it appears from articles published in The Star, both Mr Kenyatta and the Attorney- General had met the Swiss ambassador in Nairobi, assured him of their full support and the request-ed documents had been handed over.An editorial in The Star, for what it’s worth, suggests that Mr Kenyatta gave his civil servants 24 hours to hand over the documents sought by the Swiss prosecutors.Now, we have links to these-- to these articles which I’ll circulate to your Honours and to the parties after this.The Swiss ambassador in Kenya personally said on televi-sion I’ll circulate a link to the video-that quote, “The level of co-operation we have had with the Kenyan government is impressive.” He went on to say, “You can feel that there is political will to solve this and we feel that the president is really serious about finally giving this kind of justice. So it is very good news.”Well, that is good news, but it would be even better news if the president was really serious about finally giving this kind of justice to the victims of the post-election violence and giving the same kind of assistance to the ICC as they gave to the Swiss prosecutors in that affair known as the Anglo-Leasing affair.Now, assistance provided by Kenya to other states is

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governed by the Mutual Legal Assistance Act of 2011. The Attorney-General is the designated central authority under the Act. His role in that Act is similar, but not identical to his role in the International Crimes Act, which of course governs assistance to your Honours.And under Article 132 of the constitution, “The President shall ensure that the international obligations of the repub-lic are fulfilled through the actions of the relevant cabinet secretaries.”So it should come as no surprise that when Mr Kenyatta, as president of Kenya, wanted the Swiss prosecutors to get access to the material relevant to their investigation, the Attorney-General very promptly provided access.An entire episode undermines the Attorney-General’s arguments concerning the distance of the president from the issue of ICC co-operation. It shows that Mr Kenyatta ultimately controls the provision of evidence to prosecu-tors outside Kenya. It shows that the Attorney- General will hand over relevant evidence when Mr Kenyatta instructs him to do so. It shows, in summary, that where there is political will, evidence requested by outside prosecutors relating to criminal investigations of Kenyan citizens can be very swiftly identified and provided.Your Honours, in May and June of 2014, I held ten days of meetings with 401 victims of the crimes charged in this case in western Kenya and near Nakuru.Now in every one of those meetings the reaction was largely the same; the victims feel angry, frustrated, and betrayed and, frankly, your Honours, deeply unimpressed with the performance of the Prosecutor and the Court in general. A very large part of that comes down, in my submission, to the slowness of the proceedings which is ultimately the fault of the Government of Kenya for obstructing the access in--of the Prosecutor to relevant evidence.Your Honours, I wish to turn briefly to the question of trial without undue delay which, I believe, is connected to-- it was raised at paragraph 80 of your decision of 31 March 2014. Now, important --PRESIDING JUDGE OZAKI: Mr Gaynor, you have two more minutes--MR GAYNOR: Very well.PRESIDING JUDGE OZAKI:-- but no more.MR GAYNOR: I simply want to say that jurisprudence from Canada and elsewhere recognises the conduct which amounts to knowing waiver of the right to an expeditious trial, as well as dilatory procedural tactics that might not amount to a knowing waiver, are relevant factors in deter-mining whether delay has been reasonable. Mr Kenyatta, by presiding over a government, which obstructs the justice process, in this case in violation of Part 9 of the Statute, has knowingly waived his right to an expeditious trial. And your Honours might wish to invite submissions on that in due course. Now, your Honour, it is absolutely imperative that you remain determined and un-

wavering in your dealings with the Government of Kenya. I request you to do all you can do using the extensive powers conferred upon you by the States Parties to ensure Kenya’s full compliance with its obligations under Part 9.If having done so, Kenya remains unwilling, and you make a finding of non-co-operation, let that be, the Court can then provide the Assembly of States Parties with a full and honest account of the totality of the government’s cam-paign of non-co-operation, and then the States Parties and other States who have expressed strong support, such as the United States at the United Nations Supreme Council, for the ICC’s work in Kenya, they can have a firm and in-formed basis for taking such steps as they deem appropri-ate in respect of the deliberate obstruction of justice by Mr Kenyatta and this government.Your Honours, at this pivotal moment in history, it is no exaggeration to say that you can help to break the cycle of impunity for political leaders which has existed in Kenya since before independence. And I request you to remain firm and unwavering in your commitment to do justice for the victims in this case.Thank you.PRESIDING JUDGE OZAKI: Thank you very much, Mr Gaynor.Thank you very much and—MR KAY: I apologise, Madam President, there is one mat-ter.It is over the filings.PRESIDING JUDGE OZAKI: Yes, Mr Kay?MR KAY: Did you want the Defence to make a filing as well? It wasn’t clear to me.It may be something that the Court would appreciate on the basis that the facts are something that we do have in-formation about, unlike the Government of Kenya.I don’t know whether-- (The Trial Chamber confers)PRESIDING JUDGE OZAKI: Mr Kay, because of the-- due to the nature of the contest and due to the nature of co-operation, I don’t think the Chamber needs the filings from--submissions from Defence or legal representative.MR KAY: Very well, your Honour. Thank you. Sorry for raising it.PRESIDING JUDGE OZAKI: No.And this brings us to the end of the matters to be discussed today. The Chamber has well noted the submissions made by not only Prosecution and Government of Kenya, but also Defence and legal representative. We thank very much the parties and participants and, of course, Mr Attorney-General for your contribution. And, as usual, I would also thank the court officers, interpreters, court reporters and all other courtroom staff for their assistance. This status conference is now closed and the Court will rise. Thank you. (The hearing ends in open session at 4.00 p.m.)

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Uhuru Kenyatta ICC Trial: No Evidence — Bensouda

ICC prosecutor Fatou Bensouda last month finally admitted before

the whole wide world that she has no evidence to sustain a trial against President Uhuru Kenyatta.Consequently, she applied for adjournment of the case “until she gathers additional evidence”. She didn’t indicate the amount of time she needs to do that.In legal practice in Kenya, when a situation like this confronts a prosecutor, he or she applies that the case be ’generally stood over’ (sog).Normally, that signals the un-ceremonial end of such case. In October last year, British MPs held a heated debate in the House of Commons where they called for an end to the Kenyan cases at the ICC.(We carried that debate in our November issue of this publication which we elect to re-publish as Bensouda’s sentiments are in tandem with it).Here below are excerpts of Bensouda’s statements at the Hague in early December of 2013.

“In the last two months, one of the prosecution’s witnesses in the case against Uhuru has indicated that he is no longer willing to testify. More recently, on December 4, 2013 a key second witness in the case confessed to giving false evidence regarding a critical event in the prosecutor’s case. This witness has now been withdrawn from the prosecution’s witness list.”

Fatou Bensouda

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November, 2014

Uhuru Kenyatta ICC Trial: No Evidence — Bensouda

“Having carefully considered my evidence and the impact of the two withdrawals, I have come to the conclusion that currently, the case against Mr Kenyatta does not satisfy the high evidentiary standards required at trial. I therefore need time to complete efforts to obtain additional evidence, and to consider whether such evidence will enable my office to fully meet the evidentiary threshold required at trial.”

“As a prosecutor, I have consistently said my actions and decisions are at all times strictly guided by the evidence in accordance with the Rome Statute legal framework.This recent decision is no different. It is my professional duty to react, and to take the necessary decisions when the state of the evidence changes, as it has in this case.”

Reactions from President Uhuru’s lawyers ( Mr Evans Monari):“ It is something she should have done long time ago. She was asked to do so, but she always rejected our plea. We believe this matter is not over yet, but we are going to deal with it conclusively.”

“The majority ( of witnesses) refused to engage and the few who did, obfuscated or declined to provide information germane to the investigation,” lamented Bensouda.

President Kenyatta

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British MPs supports Kenya, want ICC cases dropped

The British Parliament in session.

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November, 2014

British MPs supports Kenya, want ICC cases droppedBy Correspondence

The British House of Commons last month suspended normal business for two hours to discuss the Kenyan cases at the International om his country the Head of State of a front-line country in the war on

terrorism at this point in time. Below are excerpts from that debate in the House of Commons.

Eric Joyce (Falkirk) (Ind):Today, I am particularly concerned about the nature of the on going action by the International Criminal Court against President Kenyatta and Deputy President Ruto, and that is, primarily, the context in which I will speak. On Saturday October 12, the African Union will meet to discuss the possibility of African ICC member states withdrawing from the ICC en masse.

That meeting will take place in Addis Ababa and was precipitated by the ICC’s treatment of President Kenyatta and Deputy President Ruto. Some nations, particularly African nations, that are signatories to the treaty of Rome are placing the future of the ICC in question. There is a risk that Africans in the UK-I speak to many of them in Diasporas of all sorts, and particularly Kenyans – will see it as the African criminal court, rather than the International Criminal Court.

When President Kenyatta won the election, the Prime Minister encouraged him to come to the UK and met him soon after his election, which sent a significant message. Nevertheless, there is a strange and strained diplomatic relationship, in that we still support the ICC and its on going action to bring the President to court. Kenya is one of our most important allies on the African continent. One of our largest foreign military training bases is there, and the UK and Kenya host each other’s large Diasporas. Trade with Kenya through Nairobi has been increasing almost exponentially for some years. We have the strongest of historical links, too.

Jim Shannon (Strangford) (DUP):I thank the Hon Gentleman for bringing this matter to the Chamber for consideration. Some 600,000 people were displaced and 1,100 were killed, including 30 women and children who were burned alive in a church. Does he not believe that now is the time for the International Criminal Court to try those who were responsible for those crimes? Eric Joyce: I thank the Hon Gentleman for his important intervention, which goes to the crux of the debate. It is becoming a political issue.Of course it is right to hold people to account, but things happen in the world, in Africa and, historically, closer to home, and sometimes a choice must be made between justice and peace. That is not to say that standards are lower, but as my argument develops it will be seen that this is one such case.

David Simpson (Upper Bann) (DUP): Innocent people have been murdered and burned alive in churches…

Eric Joyce:

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President Uhuru Kenyatta Deputy President William Ruto

British MPs supports Kenya, want ICC cases dropped

I thank the Hon Gentleman for that intervention. We know that there was violence after the 2007 General Election, and we know that following the violence, presidential candidates came together to form a Government of national unity. President Kibaki and Prime Minister Odinga were the two primary office-holders, and that coalition held together for a full term of office. Significantly, violence was almost entirely absent at the following election, after the coalition—the election that has just taken place. That suggests that a lasting resolution was achieved with the coalition back in 2007, and Kenyan people under- stand that.

Kenya has also successfully come through a period of strife, when other countries have collapsed under the terrible weight of internecine warfare. Kenya is the great economic success story of East and Central Africa. It is leading the fight against terrorism in Somalia. We know now, given events over the past few weeks at the Westgate mall, how terrible a price the Kenyan people are paying for being at the front in that ongoing battle, but they have not wilted or split. Kenyans

have remained united in the face of all that has been thrown at them by terrorists.

It seems to me that we shouldn’t reward them by insisting that the President and Vice-President, who are leading them into what promises to be a very decent future, stand trial at the ICC, accused of hotly disputed offences that took place years ago. The ICC is inherently political, as are its outcomes. It is significant to note that all 32 indictees of the ICC have come from Africa. The ICC says, “Come on guys, you can’t blame us for taking action, because the cases were referred to us.” But that is where it becomes inherently political, because we put great pressure on those states to refer cases to the ICC. We cannot just hold our hands up and say, “Nothing to do with us, guys.”

Clearly, we put enormous pressure on those states. Enormous pressure was put on those states, and they did what we asked, but now, because they did, they find themselves in a terrible bind. The only place that the ICC is able to act is Africa, and that is a terrible state of affairs. It cannot act in

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Kenya has also successfully come through a period of strife, when other countries have collapsed under the terrible weight of internecine warfare.

British Prime Minister David Cameron

British MPs supports Kenya, want ICC cases dropped

nations that are in the or- bit of China—we all understand why—or of Russia, the countries of the Far East are out. Sri Lanka is out, obviously India is out. Anything in the orbit of America is out.

Obviously, Europe is out—we are not going to indict ourselves, are we?

The United States did not sign up to the ICC because it was concerned that former US politicians might be arraigned in front of the ICC. Of the five permanent members of the Security Council, the three most powerful have not signed up for political reasons. That takes out the great majority of the

countries of the world, leaving those that are not considered to be strategically important, and—guess what?—are in Africa. The Africans say, “This is the African criminal court, really, isn’t it? It is not an international criminal court at all.”

Jim Shannon:The Hon Gentleman referred to the ICC and its credibility.

The fact is that the Kenyan Government has decided to withdraw from the ICC and that there are cases pending at the court. How does he see the role for Government in trying to ensure that there will still be prosecutions, now that Kenya is no longer—at least on paper—part of the ICC?

Eric Joyce:I thank the Hon Member for his intervention. I think that the technical situation is that the case will continue even if Kenya withdraws, although my instinct is that it will be difficult to do anything in that situation. I suppose the ICC may criticise the President’s absence and then carry on with the trial. Theoretically, and it is pretty theoretical, the African nations that are considering withdrawing—I hope that they do not withdraw—would still be subject to any current cases involving them, although not to any future cases.

So, for the moment the case against the President would continue. In a sense, therefore, it is academic whether Kenya has chosen to withdraw from the ICC or not, although I hope that it will come back in. I think that Kenya is making a very powerful statement, just as some other African states that are supporting Kenya’s cause at the moment are making a similarly powerful statement. During the election in Kenya, a former American ambassador (Johnie Carson) — allegedly said, “Choices have consequences.”

And the Kenyans went on: “OK, then, so we will choose to do the thing you don’t want us to do.” The consequence was that the Americans got the person they did not want, ironically just as we got Jomo Kenyatta (at Kenya independence), who was originally not the guy we wanted.

Mr William Cash (Stone) (Con): This is an interesting and important debate. I am chairman of the all-party parliamentary groups on Kenya and on Uganda and, as chairman or secretary of various other all-party groups, I have been much involved in all matters relating to East Africa since the 1980s.I have a strong sense that that part of the world is extremely important both in its own right and in relation not only to the United Kingdom but to the world as a whole. Economi-cally, it is one of the fastest-growing areas in the world.

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“I do not dispute my Hon Friend’s earnestness and his argument, but can he imagine a situation in which the UK Prime Minister is held responsible by the ICC for some terrible cataclysm? Does he think that we would agree to send the UK Prime Minister to The Hague?”

-Eric Joyce

British MPs want ICC cases droppedAt the heart of all this lies the question whether domestic matters should be adjudicated by a methodology applicable through international law when the better route could well be to have them dealt with in the country in question.

Jim Shannon:One concern is that if the ICC case collapses, and there is every possibility that it might, the credibility, security and safety of the witnesses that have been called come into question. Does the Hon Gentleman share my concern about those independent witnesses who may feel under threat if the case collapses?

Mr Cash: I certainly do. There must be a significant review of the methodology that is applied in relation to the ICC process.

Ian Lucas (Wrexham) (Lab):Kenya, whose relationship with the UK is massively significant, is hugely important in that regard, for instance in addressing the difficulties in Somalia and the horn of Africa. That cause has been carried out at great cost to the people of Kenya over several years, most recently, of course, in Nairobi. The country is strategically important, and we all want it to be a strong international player.

Before I turn to Kenya’s membership of the ICC, I want to refer, as other Members have, to the dreadful recent attack in the Westgate shopping centre. Right across the world, the focus has been on Kenya because of what happened there. The confirmed death toll was 61 civilians and six security officers, and Britons were among those killed. Our thoughts are with all those affected by these tragic events.

We must of course support the Kenyan Government in showing leadership in dealing with a problem that, as I have said, transcends the borders and boundaries of countries across the world.

Ian Lucas: The Hon Gentleman makes an excellent intervention, and puts the difficult question very well. It is, however, important to remember that Kenya has chosen to be a member of the International Criminal Court. If it withdraws, it will leave an international institution that it chose to join.

Eric Joyce:I do not dispute my Hon Friend’s earnestness and his argument, but can he imagine a situation in which the UK

Prime Minister is held responsible by the ICC for some terrible cataclysm? Does he think that we would agree to send the UK Prime Minister to The Hague?

Ian Lucas: If we submit our- selves as a nation to the authority of the International Criminal Court, we must accept that that court has jurisdiction.

Such an issue would be difficult and many in the United Kingdom would not want to accept the court’s jurisdiction, but if we have submitted to the court through legislation, as has been mentioned, we must accept the consequences. We cannot duck out when it gets difficult. The Parliamentary Under-Secretary of State for Foreign and Commonwealth

Affairs (Mark Simmonds) response:I turn to specifics that Hon Members have raised about the ICC and Kenya. Of course I accept that the topic is controversial and sensitive, and creates difficulties for the Kenyan Government, but after the appalling post-election violence in 2007-08, many believe that justice is essential for national reconciliation and healing, and that the trials must continue to give the victims and the accused access to justice. The UK Government recognises that President Kenyatta and Deputy President Ruto have constitutional obligations and important responsibilities at home, as the Westgate attack illustrated so graphically.

We therefore believe that the Court’s decision to alternate the trials of the President and Deputy President, to ensure conformity with the Kenyan constitution, and to agree a

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“One concern is that if the ICC case collapses, and there is every possibility that it might, the credibility, security and safety of the witnesses that have been called come into question. Does the Hon Gentleman share my concern about those independent witnesses who may feel under threat if the case collapses?”

-Jim Shannon

Former Prime Minister Raila Odinga Former President Mwai Kibaki

short delay to allow Deputy President Ruto to take part in the Kenyan Government’s response to Westgate, showed welcome pragmatism.

The Hon Gentleman also raised the issue of the Kenyan Parliament’s vote in support of a motion to withdraw from the Rome statute. We must be clear: it is for Kenya, as a sovereign country, to decide whether to withdraw. We, of course, very much hope that it does not.

Mr Cash:Is the Minister entirely satisfied that the methodology and process adopted in respect of President Kenyatta and Mr Ruto has been followed in what one would objectively regard as the appropriate manner?

Mark Simmonds:As I said earlier, the ICC only takes up matters when the

country in question does not put in place the requisite judicial process to allow relevant prosecutions or investigations to take place. Specifically, the Waki commission, to which the Hon Member for Falkirk referred, gave the Kenyan authorities time to put in place the necessary and appropriate structures to deal with the judicial process, as it relates to the terrible atrocities that occurred in 2007-08.

It is only because the Kenyan authorities did not do that at the time that the matter was referred to the ICC. Before I conclude, I shall reflect for a moment on the Kenyan elections in March.

The Kenyan people and politicians need to be congratulated on the peaceful nature of the elections, which was in stark contrast to the violence which marred the election in 2007-2008. That demonstrated the determination of the Kenyan people to express their democratic right to elect a Government of their choosing in an environment free from violence and intimidation. Kenyans should be proud of that significant achievement.

Mr Cash:Is the Minister willing to continue this dialogue after the debate, in light of my remarks regarding my uncertainties about the manner in which the ICC goes about a lot of its business?

Mark Simmonds:As always, I am happy to talk to my Hon friend about his views. I will of course be pleased to hear how he thinks the ICC could work better.The UK-Kenyan relationship is significant, and we want it to continue to develop. We want trade to grow. We want more UK companies to invest in Kenya and more Kenyan entrepreneurs and businesses to invest in the UK. We want to strengthen our partnership in a range of areas, from counter- terrorism co-operation to defence matters. 

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The Obama Uhuru handshake that seems to have changed so many things in global politics in so far as President Uhuru is concerned.

President Uhuru Kenyatta shaking hands with US President Barak Obama during the late Nelson Mandela memorial service at FNB stadium in Johannesburg, South Africa last December.

.....but definetly not because of the ICC case as many people might come to conclude especially that the Bensouda declaration that she had no evidence against President Uhuru came hot on the heels after this encounter of the two dynamic presidents.The West, led by the US and UK has had not so warm relations with Kenya ever since the days of former President Mwai Kibaki which has almost snowballed over to the Kenyatta administration.But as Obama found out last December in South Africa, Uhuru is himself such a warm personality to relate with after that hearty handshake in Jo’burg.There is a quiet general acceptance of Uhuru’s administration by the West that is creeping in to the chagrin of all.It might not be too long to come that big news will stream in about either Uhuru visiting Washington at the behest of Obama or the other way round.

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President Uhuru Kenyatta in a group Photo with other African heads of State and the United States President Barrack Obama during the US-Africa Summit held last in Washington DC

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President Uhuru Kenyatta in a group Photo with other African heads of State and the United States President Barrack Obama during the US-Africa Summit held last in Washington DC

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Journey to Washington D.C

President Uhuru left the country last month for Washington D.C. for the US-Africa Summit. His visit focused on strengthening ties between the US and Kenya in trade, capital investment, infrastructure, energy and security. He addressed the Corporate Council on Africa which represents some of the major multinational companies including General Electric Ltd, Coca Cola and IBM; held talks with World Bank President Jim Yong Kim; and met with a select group of business people who have Kenya specific investment proposals at a forum convened by the Kenya Private

Sector Alliance, the Kenya National Chamber of Commerce and Industry, and the US Chamber of Commerce.

The President’s arrival in Washington

President Uhuru Kenyatta being received by two young Ken-yans on his arrival in Washington D.C. for the US-Africa leaders

summit in United States of America last month.

President Uhuru Kenyatta meets former Malawi President Mrs Joyce Banda during a dinner in honour of the life and achievements of former UN Ambas-sador Andrew Young by Pan african leaders shortly on arrival in Washington

D.C. for the US-Africa leaders summit last month.

Uhuru in America

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President Uhuru Kenyatta shared a light moment with former United

States of America President Bill Clinton during a dinner in honour of the life and achievements of former UN Ambassador Andrew

Young by the Pan african leaders shortly on arrival in Washington D.C. for the US-Africa leaders

summit last month.

President Uhuru Kenyatta with the former 43rd USA President George .W. Bush

in Dallas, Texas, where President Uhuru received Texican Cowboy hat and boots.

Meeting America’s men of power and great influence

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“Ladies and gentlemen,It is a great pleasure to be here with you and have this delightful opportunity to share with you just a tiny snip-pet of the great Kenya story. There is good reason for my wanting to do this here today. Kenya and America are located in different hemispheres of our world, indeed continents apart. Yet the bond between our na-tions and our people’s are as strong as ever. This bond is historic and immutable because it is not a forced or pretended affectation.Rather, it is a bond born of keen awareness of shared fundamental values.As friends of Kenya, you will be aware that we, just like the United States waged a bitter struggle against colo-nial domination which eventually led to the freedom of our peoples. This struggle was inspired by the belief that freedom, Justice and equality are the inalienable proper-ty of every living human being, and of the righteousness of claims for self determination. Our freedom struggles were infused with an abiding love for humanity. It must be made clear that we did not hate our adversaries in

The Presidents speech during Corporate Council on Africa meeting in Washington

the struggle; we loved freedom absolutely.The freedom struggle never dies. It evolves with emerging challenges thrown in our path by history and humanity’s thirst for progress. All democracies must successively resist all forms of oppression and inequality. Thus, one dimensionof the struggle was freedom from external domination. The other was freedom from internal oppression, inequality and exclusion. This is the struggle that currently occupies de-mocracies the world over. Open, just democratic societies possess a certain political and socioeconomic architecture that leadership must implement. Some people are putting finishing touches on their masterpieces while others grapple with burdensome, shapeless and unwieldy materials.In Kenya, we have long known that prosperity cannot be achieved without an earnest effort to put this architecture together, because only within it can citizens achieve the free-dom to dream, imagine, aspire and achieve. In thisquest, we draw plenty of inspiration from the United States’ courageous and determined quest to continuously improve on the achievements of past generations. At Independence, America was confronted by the most daunting cocktail of

President Uhuru Kenyatta with other African heads of State follows proceedings at the US-Africa Summit in Washington DC.

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The Presidents speech during Corporate Council on Africa meeting in Washingtonsocial and political problems.To have slavery, racism, vicious ideological competition and inequality holding you down at the starting blocks is hardly ideal. Yet America has worked hard, breathing life into its constitution and keeping faith with its founding principles. Even today, we know that project which Presi-dent Obama calls “perfecting the Union” is ongoing.Similarly, Kenya after independence has had to evolve into a true democracy. It has been a lot of work. Perhaps, if you will allow me to borrow the expression, we are struggling hard to perfect our Republic. There are blessings which accompany unconditional embrace of freedom. These special rewards reside in the lived experience of our peo-ple. Individuals naturally seek fulfilment in enterprise and in exercising the human faculty confronting challenges and solving problems. In our country, the space to do this is truly vast. That is why Kenya has emerged as a natural leader in industry, commerce and innovation.We are a regional and continental hub. We realise that it America’s stupendous progress as a civilisation is due to this commitment to humanity’s dearest principles and values. We are creating jobs, generating wealth, improv-

ing lives, reducing poverty and developing our country on a scale that is simply unprecedented in our national history. These are the components of our drive to remain a hub for trade, logistics, banking, leisure, technology and education. My Government has embraced it’s duty to cre-ate conditions to make this happen. The American firms which have pitched tent in Kenya as regional or conti-nent’s headquarters will testify to this dedication.We have long realised that a sound economic system must be underpinned by an equally sound political sys-tem. That is why in 2010, the people of Kenya gave them-selves a progressive constitution dedicated to the princi-ples of a free, open and democratic society. This charter proclaims the essential values of equality, human rights, non discrimination, good governance, integrity, transpar-ency and accountability, and sustainable development. In it, the individual’s potential for self actualisation is firmly established, and the State’ proclivity for repression fully contained. We are enjoined to share political power as well as national resources equitably and to observe effec-tive checks and balances. We now have fully empowered institutions to advance

President Uhuru Kenyatta with other African heads of State follows proceedings at the US-Africa Summit in Washington DC.

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these principles and protect our democratic space.Because of this,of Parliament our has enacted institu-tions legislation and to facilitate the transformation national accelerate progress.Government has consequently been enabled to reform those institutions essential for the ease of doing busi-ness in Kenya. This has led to ongoing efforts to digitise all Government records and take transactions to online platforms. Moreover, we have greatly reduced and sim-plified procedures for registering businesses, conduct-ing property transactions and resolving disputes. We also have a robust intellectual property protection and anti-counterfeiting regimes.Because of the constitution, we have a reformed Judi-ciary committed to integrity, principled and expedi-tious resolution of disputes, complemented with a fully -fledged commercial disputes section. The courts are totally independent from political or other interference and manipulation, and the procedures are simple and rational. In short, the constitution has afforded Kenya the ideal opportunity to accelerate the execution of its development roadmap: the Kenya National Vision2030. This document reduces our national aspiration to be-come a newly industrialised, middle income country by 2030 into a concrete, doable initiatives.One of the cardinal requisites of Vision2030 is theexpansion and modernisation of Kenya’s transport, energy, and ICT infrastructure to meet world class standards. Towards this end, my Government is dou-bling the paved road network by 2017, and building a new, faster, high capacity standard gauge rail system to connect the country and our region. On our own, and within regional infrastructure collaborative initiatives, we are expanding our sea port in Mombasa to achieve the capacity to service a growing nationaleconomy and an expanding regional market. Our international airport in Nairobi has already been expanded to handle over 20 million travellers annually.My Government is also leveraging natural resources in the energy sector to power increased industrial and commercial activity. Aside from stabilising our hy-dro power generation capacity, we have gone all out to increase geothermal generation to meet increasing demand, and lower energy costs. In the next 3 years, we will be guaranteed of 5000 Megawatts of reliable electric

power. In fact, our challenge is about to shift from meeting demand, to encouraging enterprises to expand and make use of our power capacity.We have a huge population of highly trained, disciplined and competitive young people. This has given us a great edge in attracting investors and entrepreneurs to our country. It has also made Kenya a natural ICT hub. We have resolved to strengthen our continental ICT leadership position by set-ting up the Silicon Savanna at the Kenya TechnoCity, where innovators and entrepreneurs can collaborate and device nifty ICT solutions. The ambitious expansion and mod-ernisation of our transport, energy and ICT infrastructure is calculated to reduce the costs of goods and services by a tremendous margin.The idea is to make Kenya the most competitive investment destination. In fact, we hope that these initiatives will drive our quest to become a compelling least cost destination.The fact that giant global brands like Coca Cola, General Electric, Google, IBM and Nokia/Siemens as well as dozens of American firms have firmly set up their regional head-quarters in Kenya has inspired us to reward their faith and attract every forward looking enterprise to make Kenya their home. Progress is not an accident. In Kenya, we have done our best with what we had.Because we are so competitive and highly ranked in Africa, many people forget that we have not had reserves of oil and gas, diamond, platinum or other mineral resources to power our development. However, serendipity favours the prepared mind. Because we have been totally dedicated to prosper no matter what, new opportunities to grow emerge day by day. We are now exporting titanium and have discovered viable reserves of petroleum and natural gas in various parts of our country. As if to emphasise this stupendous hint of provi-dential favour, we even found a huge acquifer of fresh water, sufficient to supply our national demand for over 70years- in a semi desert! Because we already have a plan, this boon has only catalysed our impetus to attain prosperity.Of course there are challenges. Corruption has been a huge hindrance to development, and immense national wealth has been lost to theft. We are relying on the rule of law, and recent constitution mandated reforms in our Governance, Justice Law and Order sector to help us eradicate corrup-tion. I can guarantee you this very moment that impunity and corruption have become high risk, high cost activi-ties in Kenya. As our legal and institutional arrangements

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entrench further, we expect to see rapid progress in the war against impunity. Insecurity stemming from terrorism is a grave challenge that we continue to experience. It has not been easy. As a matter of fact, our tourism industry, a key economic driver, has suffered intense shock from terrorist activity concentrated around our major tourism regions. We have taken the challenge head on. First, the Kenya Defence Forces are in Somalia to complement a continental initiative to stabilise the country and eradicate the breeding nest of terrorists in Eastern Africa. Secondly, we have intensified our investment in security personnel, equipment and technology. Thirdly, we have deepened our collaboration with regional and international allies in the global war on terror.In this regard, I want to celebrate America’s unflinching resolve to stand with us in combating this evil. By shar-ing skills and intelligence, and in bringing more hands on deck, we have substantially pushed back the menace in our region .Although it is slow, the war on terror is being won steadily. As we celebrate this effective partnership, I must urge the entire global community to be cautious and avoid antagonising all Muslims. We must distinguish terrorists from Muslims, and speak, act and relate in a manner that does not create unnecessary stigma and profiling. I must however state emphatically that our alliance against terror-ism is principled and non negotiable. Terrorism must be

defeated, and will be defeated.What more can I say? As you can now see, Kenya is ready to deal. We are doing our best, and getting better at it. We are the gateway to East Africa, and a fantastic foothold to accessing our 240,000,000 strong regional market. We enjoy the proud reputation of being a warm, hospitable and versatile people inhabiting one of the most breathtak-ingly splendid spots in the whole world. In ‘Dreams From My Father’ President Barack Obama paints a paradisiacal panorama in graceful lyrics. Yet he neither deceived nor exaggerated; Kenya’s beauty can only be accurately rep-resented in poetic expression. Kenya is magical. We want this magic to transcend every sphere of human endeav-our and enchant American visitors and the while world.All 40 million Kenyans are waiting to provide you with the opportunity to grow.Our shared values and traditions guarantee thatKenyans American partnerships will always prosper. They have prospered before in the political, economic, educa-tional and personal spheres, and they will prosper as our traditional bonds deepen.My Government welcomes you with open arms, and guarantees that you will be accorded every facilitation necessary to make your business in Kenya successful. Welcome to Kenya. Karibuni nyumbani. God bless you all.”

The Presidents speech during Corporate Council on Africa meeting in Washington

President Uhuru Kenyatta with other African Heads of State and the United States President Barack Obama during the US-Africa Summit in Washington DC.

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President Uhuru Sees Kenya Windfall Tax in Resource Laws in Months

Kenya will impose capital-gains and windfall taxes on oil, gas and mining companies within months to ensure the East African nation maximizes benefits from its mineral

resources, President Uhuru Kenyatta said.

“This is something that we are very clear about,” Kenyatta said in an Aug. 2 interview at State House in the capital, Nairobi. “We want to ensure that we as a country also are able to benefit from both the windfall and capital-gains tax.”

Tullow Oil Plc (TLW) and partner Africa Oil Corp. (AOI) have found oil reserves in northern Kenya, while BG Group Plc (BG/) is exploring for gas and Randgold Resources Ltd. (RRS) is studying the nation’s potential for gold production. Kenya wants to avoid a similar situation to Tullow’s experi-ence in Uganda, where the company is contesting in court the state revenue authority’s demand that it pay capital-gains tax of about $473 million following its sale of assets in Uganda. The explorer has paid 30 percent of the amount, it said on July 30.

“Uganda has lost a lot of revenue as a result of not really having focused on that,” Kenyatta said. “We want something that’s fair, but equally recognizing that Kenya as a country must benefit from this.”Kenyatta’s administration is preparing legislation for the extractive industry as investors demand to expand opera-

tions in a more predictable environment. Mines Secretary Najib Balala last year canceled 43 mining and exploration licenses held by companies including Base Resources Ltd. (BSE)’s Base Titanium unit, after discovering possible irregularities in the granting of permits. Before Parliament

In “a couple of months we should have all these laws firmly in place as well as the regulations that will guide the operations of oil and gas as well as mining,” Kenyatta said. The mining law is already before par-liament, while the oil bill will be submitted shortly, he said.Enacting the laws this year will be a positive signal to investors that Kenya is keen on creating necessary conditions for the industry, Ahmed Salim, a senior associate at Teneo Intelligence, said in an e-mailed response to questions.

“The state of Kenya’s regulatory framework on energy policy and petroleum legislation is one of confusion and in drafting and implementing the laws there will have to be substantial coordination within the government,” he said. “It will also be important to see what measures will be in the legislation that will protect companies in case the government chooses to unilaterally revoke licenses, similar to what happened last year.” Kenya Rankings

The nation ranks third globally in production of soda ash, used in the manufacture of glass, and seventh in output of fluorspar, used in steel, according to the U.S. Geological Survey. The government said last December it plans to offer 31 coal blocks for explora-tion. While the country has deposits of gold, rubies and sapphires, mining represents less than 1 percent of its gross domestic product, according to the Afri-can Development Bank.

Kenya may begin producing crude by the end of the decade, Kenyatta said. Tullow said in August it was looking to start pumping oil as early as this year.“We are talking about a five- to six-year cycle before we get the first oil,” Kenyatta said. Fingers Crossed

His Excellency President Uhuru Kenyatta

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President Uhuru Sees Kenya Windfall Tax in Resource Laws in Months Kenya, the last frontier in East Africa’s hydrocarbons resource-search after oil finds in Uganda and natural gas in Tanzania, has its “fingers crossed” before gas discov-eries in the northern part of the country are quantified “soon,” according to Kenyatta.

The president said he wants to ensure the laws also provide for benefits to national as well as county govern-ments, and communities where the resources are located.

“We are looking at the legal framework and revenue sharing that will ensure these resources are shared in the most equitable fashion, while at the same time recogniz-ing that the investors who we are partnering with also need their return,” he said.

The government is now seeking ways of using its coal, and gas if viable finds are made, to produce the electric-ity needed to expand its industries, as it builds infra-structure to ultimately export the resources, according to Kenyatta.Growth RateKenya, East Africa’s biggest economy, will probably grow at 5 percent this year, the World Bank said in its Global

Economic Prospects document on June 11. The lender reduced the prediction to 4.7 percent for 2014 as delayed seasonal rains have curbed agricultural production and worsening insecurity has scared off tourists, it said on June 26.

Kenyatta, who become president after last year’s general elections in March, said he is confident Kenya can still achieve an economic growth rate of 10 percent by 2017.

The first year has been a “roller-coaster year,” where his administration began to implement a new constitution, establish new institutions of government, and improve ef-ficiency in land and company registry, he said. Kenya will see economic growth at the desirable levels once institutions and investments in infrastructure start to pay dividends, according to Kenyatta.Fitch Ratings affirmed the country’s credit assessment at B+, the fourth-highest non-investment grade, with a stable outlook on July 25.Kenya sold its first Eurobond in June, with yields on the $1.5 billion of debt maturing in 10 years falling 64 basis points since they were issued to 6.23 percent on Aug. 1.

President Uhuru Kenyatta meets with the Kenyan diaspora in the USA at a hotel in Washington, DC.

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“You are all aware that the President spent the last ten days away, first on a visit to the United States, framed around the US-Africa Leaders’ Summit, and then, briefly, a special IGAD summit on South Sudan. The US-Africa Leaders’ Summit was a milestone a belated recognition of the weight of Africa in global affairs.

This briefing will focus on the visit to the US, which began in Washington and ended in Dallas.

We are often asked what the President has brought home from his travels abroad. This time is no different. However, we must stress an even more important fact: this trip was about our being heard as a continent, and as a country; and about the US listening to our leaders, and acting on the basis of what it heard.

While we emphasise what is most important, we will men-tion that the tour was also about promoting our business-to-business engagement. President Kenyatta’s Government recognises how important it is to ease the work of the private sector, unleashing its energy and enterprise for

national development.

We know, as well as you do, that the private sector is the engine of our country’s growth, and we will do all we can to encourage it.

The President also promoted and defended some key ideas, for which Kenya stands: principally the importance of partnership and the opportunity that comes with a fresh look at Kenya and Africa. With the American gov-ernment, and private sector, we will engage on the basis of mutual respect in partnerships that serve all parties. In meetings with governments, the private sector and the media, the President accompanied his defence of Africa, and Kenya’s, potential with a frank and open analysis of our common challenge.In Washington and Dallas, the President met Ameri-can businesspeople, government officials, scholars, and Kenyans in the diaspora in their thousands. Policymak-ers and businesspeople had the opportunity to hear the President speak freely. They came away convinced that the portrait of Kenya occasionally painted by some oth-

The President’s speech during his visit to Washington for the US-Africa Summit

IGAD Member Country leaders led by President Uhuru Kenyatta of Kenya President Yoweri Musaveni of Uganda Djibouti President Ismail Omar Guelleh and Ethiopian Prime Minister Haile Mariam Desalegn in a press conference with the United States Secretary of State John Kerry in

Washington DC after deliberating on peace initiatives in the East African region. African leaders were in United State for an Economic Summit with their host Country.

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ers, is radically mistaken. We repeat that the initiative did not focus solely on Kenya. With Presidents Museveni, Kagame and Kikwete, and in recognition of his role as the head of the EAC, President Kenyatta joined the ef-fort to inform and encourage business leaders to invest and share expertise with the region as a whole. Intense interest was generated, and we expect that this will hasten implementation of our regional initiatives as well.Let’s now discuss some details.In 3 days, the President met 3 American Presidents Ba-rack Obama, and his predecessors, George W Bush and Bill Clinton.

All three have shown their commitment to Africa. Barack Obama’s father was born here, and the President has presided over one of the most ambitious infrastructure programs ever attempted in Africa. Many of you will also recall President Bush’s PEPFAR (President’s Emergency Plan for AIDS Relief), the programme which may have saved a million lives, and which has done much to turn the tide against HIV/AIDS in Africa. In AGOA, President Clinton left behind a substantial legacy of opportunity

and trade between Africa and the US. It is to that program that we turn first.

(1) AGOAWe in Kenya have often underestimated and under-utilised the opportunities available under this programme. That must, and will, change; and we have already begun to deepen our engagement with the programme.Cabinet Secretary Adan Mohammed and Cabinet Secretary Amb. Amina Mohammed were part of the Africa ministe-rial team that led negotiations for the extension of AGOA, and advocated a 15-year extension to promoteinvestment in textiles for the long term. This fits the Jubilee government’s identification of the textile sector as a priority for the current financial year.

President Barack Obama was optimistic that Congress would approve the arrangements discussed.The Cabinet Secretary also met senior representatives of both Philips Van Heusen (the second largest apparel im-porters in the US) and Jones Apparel.They gave an indicative value of potential investment in

The President’s speech during his visit to Washington for the US-Africa Summit

East African Community Presidents from left;Paul Kagame (Rwanda),Yoweri Museveni (Uganda), Uhuru Kenyatta (Kenya),Jakaya Kikwete (Tanzânia) and Pierre Nkurunzinza (Burundi) during a Presidential breakfast discussion with the US Cahmbers of Commerce in Washington,

DC last month.

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apparel from Kenyan manufacturers in coming months, with knock-on effects for jobs.The Cabinet Secretary also organised over 40 top US companies that met with President Kenyatta so as to ex-plore business opportunities in our region. It wasevident that the US investors are better informed and as a result some investors such as Honeywall have committed to opening regional offices in Kenya (2) SECURITYAs you know, Kenya is engaged in unprecedented reform of its security infrastructure. Following the summit, we are one of six countries that will join President Obama’s Security Governance Initiative. The program, worth US$64 million annually for 3 to 5 years, will strengthen our ties with the US in the provision of security.

Under its terms, the US and Kenya will conduct a joint assessment of the security threats and opportunities; before developing a strategic plan to guide investments in the area; and then applying US technical expertise and other resources to advance the plan. It was notable, in this connection, that President Obama very publicly commit-

ted US support to the continuing fight against terror, and to the region’s stability.

To this end, Henry Rotich, the Treasury Cabinet Secretary, representing our government, signed a Customs Mutual Assistance Agreement with the US government. The agree-ment is especially timely given the challenges Kenyafaces in managing its border. Illicit trade (in wildlife prod-ucts, among others), illegal immigration, and revenue eva-sion still pose serious risks to our economy, cohesion and security.The agreement allows Kenya to benefit from this expertise by providing a framework for information sharing and co-operation between the two countries’ customs administra-tions as they fight transnational crime, customs offences,and terrorism. In brief, it makes it easier for both countries to defend their borders.It also gives both Customs administrations (Kenya and US) the legal framework for the exchange of information to assist in the prevention, detection, and investigation of Cus-toms offenses and crimes associated with goods crossinginternational borders, including duty evasion, trafficking,

President Uhuru Kenyatta meets with the Kenyan diaspora in Dallas Texas, USA.

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proliferation, money laundering, and terrorism-related activities.Finally, it serves as a foundation for deeper engagement between the two Customs administration for many years to come.Additionally, there is general consensus that we need ur-gently to develop specialised skills in the security sector. To this end, the government has received support from com-panies such as IBM who have committed to developing and enhancing the IT skills of our security sector so that theseforces can keep up-to-date with current threats that include cyber security and consequently combat these risks. This will include training for the new recruits and the Kenya Police Training College in Kiganjo We now turn to energy.

(3) ENERGY.As you will appreciate, Cabinet Secretary Davis Chirchir was very busy throughout this visit, given that energy is a priority for both the United States and Africa. Many of you will also have heard of the substantial sums that have been arranged for the Power Africa initiative.

The President’s speech during his visit to Washington for the US-Africa SummitThe US raised its guarantees for projects in six countries, including Kenya, from the US$ 7 billion previously an-nounced to US$26 billion. In addition, both the World Bank and Standard Chartered Bank announced that they were chipping in with funding of US$5 billion each. Sweden contributed US$ 1 billion to the effort.Kenya will be able to tap this fund, but it needs to be said that we already have our own ambitious plans and ar-rangements in the sector, which also won support.

1. The government has already laid plans to generate 5,000 Mw of power in the near future. In Houston, play-ers in the power sector, among them Bechtel, Baker and Hughes, and Fluor, committed themselves to taking up opportunities, in an effort to hasten the 5,000 Mw pro-gramme. The geothermal,solar and wind power projects attracted particular interest.2.Capacity Building: In support of Kenya’s present programmes, the US department of Energy agreed to partner with the Ministry of Energy.Discussions are in progress, and we aim to secure techno

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logical transfer, overseas training and capacity building and partnership with investors and contactors to ensure major-ity local ownership.3.Natural Gas Power Generation: In light of the recently discovered natural gas in Block 9 - Sala, by Africa Oil, a partnership between General Electric, Africa Oil and Quantum Power has been established, following con-tact at the main summit. Its aim is to convert the natural gas, currently under appraisal, to power on the grid. The technical teams representing the mentioned companies are scheduled to begin the project process once appraisal is complete.4.Geothermal Project Financing: The Cabinet Secretary in the Ministry of Energy, representatives of the US EXIM bank, and of the Geothermal Development Company Chairman met. It was agreed that the GCD and US Exim bank technical representatives would meet to finalize the financing details for the financing of the Baringo–Silali 200 Mw project, expected to cost US$ 300 million. We expect the project to be ready for takeoff by the 4th quarter of 2014.5. Investment in the power, oil & gas sector: Discussions with key power, oil and gas investors in the US, facilitated by General Electric, were held regarding the perceived risk that many US investors see in investing in East Africa. Given feedback from US companies with experience of profitable investment in Kenya General Electric, Quantum Power, Anardako and Symbion Power among them most of the companies represented in the forum decided to venture into Kenya. We now turn to our discussions with the World Bank.

(4) WORLD BANK

The purpose of the meeting attended by the Cabinet Sec-retary for the Treasury, Henry Rotich, and the president of the World Bank was to strengthen our partnership. The Bank recently approved a new strategy covering the period 2014-2018, under which it committed about US$ 4 billion to critical areas aligned to Kenya’s development agenda and the Jubilee manifesto.

A number of agreements were reached, principal among which are agreements touching on:

1. Devolution: the World Bank would realign its support to ensure a coherent and better-coordinated implementa-tion of devolution in Kenya.2. Youth empowerment programs: The World Bank will explore how best to expand its support for Kenya’s em-powerment programs, among them the Uwezo, Youth, and Women’s funds.3. Housing: the government is investing in low cost hous-ing to address the housing challenge in our cities. The World Bank will share its experience and knowledge of global best practice with government.Let me close with a brief mention of some development in Health.

(5) HEALTH

After recent discussions on the development of a digital platform for Kenya’s Public Health Services, Microsoft was identified as a potential partner. We can now announce that the project will be implemented as planned: it will be a jointventure between the Ministry of Health, Microsoft, and a local provider, Microclinic Technologies, under the brand name Zidi.Microsoft will send a team of technical experts to Kenya over the next two weeks to begin mapping out this critical venture. We expect that the total cost of the project will reach KES 18 billion (approximately US$200 million).

(6) CONCLUSION

Additionally, the President is grateful to Ambassador Amina Mohammed, the Cabinet Secretary for Foreign Affairs and International Trade and her team for the excel-lent arrangements they made for this visit.This selection of the highlights from our recent trip is all we have time for today. We will follow up these projects, and others, in the days and weeks to come. But what we have here is enough to show that the trip advanced the cause of Kenya and Africa.

Thank you.”

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Meeting with Kenyans living in the US

President Uhuru had the pleasure of meeting and interacting with Kenyans living in the US. He announced a raft of measures to empower them to play a bigger role in the country’s economy. He issued a directive on a long-standing issue of those who live in countries using left hand drive

vehicles who were not allowed to relocate back with their cars. My Government will formulate a policy to allow such individuals to import a vehicle of similar value to the one they own in their country of residence without paying duty. This has to date benefited only those from countries with right hand drive vehicles. I also instructed Cabinet Secretary Henry Rotich to fast-track a plan to float a Government bond specifically targeting

the diaspora, something we had talked about when I was the Finance Minister. He advised those working and living in foreign nations to organise themselves so that they can engage the Government in a collective manner and also to take advantage of their financial strength as a group in-

stead of making individual small-scale investments. The Government will ensure Kenyans in the diaspora vote in the next elections. The diaspora must vote like other Kenyans to chart decisions that affect their destiny and we will give all the support the IEBC needs to ensure that they take

part in the 2017 elections.

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President Uhuru Kenyatta addressing the Kenyan diaspora in Dallas, Texas,USA.

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Arrival in New York for the 69th United Nations General Assembly

President Uhuru arrived in New York for the 69th United Nations General Assembly and other bilateral meetings.He first attended a meeting of the Regional Oversight Mechanism of Peace, Security and Co-operation Framework for DRC and the region which discuss recent political and

security developments in the region. He also attended a meeting on domestic financing for health whose theme is ‘Invest to Save’

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President Uhuru attended the Africa Rising forum at the Africa Centre in New York where he was the Chief guest and a panelist. He called on the people of Africa to liberate their thinking to harness the enormous resources on the continent. Most of Africa gained independence as states more than five decades ago yet a majority still look for outside help when they live on the richest

continent in the world. The resource in our people’s potential is even more

valuable than the resources Africa owns. African Governments need to tap into the talents of its people, utilise the potential of their women and youth, and give more say to

its people. Africa’s salvation lies in trading with each other even as the content builds links with other parts

of the world.

The President attended the Africa Rising forum at the Africa Centre in New York

The President as a panelist at the forum

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President hosted a high-level meeting on Health Financing at the United Nations headquarters

President Uhuru hosted a high-level meeting on Health Financing at the United Nations headquarters in New York. Africa is rising economi-cally but the fruits of this transformation will only be sweet if proper investments are channelled towards health. Africa should get its own solu-tions to keep its people healthy. We have always depended on external help for health services but we have to mobilise domestic resources to find our own solution instead of moving from one crisis to another. Kenya Government plans to raise health funding to 15 percent of the total

Addressing the plenary

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President Uhuru with Senator Christopher Coons of the State of Delaware when he called on him at my residential hotel in New York.

President Uhuru attended the Fourth High-Level Meeting of the Regional Oversight Mechanism of Peace, Security and Cooperation Framework for the DRC and the region at the United Nations Headquarters, New York. We in Kenya recognise the need to work with all partners and I reaf-

firmed Kenya’s commitment to support all peace initiatives in the region. In order to neutralise destabilising forces in the region, He urged them to integrate the youth in gainful activities to weaken such forces.

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President Uhuru attended the opening plenary of the 2014 Climate Summit at the United Nations headquarters.

President Uhuru attended the opening plenary of the 2014 Climate Summit at the United Nations headquarters. He asked the developed world to take the lead in controlling climate change and for developing countries to increase voluntary efforts to manage the environment. Kenya pledges

voluntary measures to control climate change and we are currently concluding a climate change policy and law which will include guidelines that ensure low carbon emissions in the agriculture sector. Kenya will continue to be guided by the United Nations policies and guidelines in the

management of the environment.

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President Uhuru held bilateral talks with Malta Prime Minister

President Uhuru held bilateral talks with Malta Prime Minister, Dr. Joseph Muscat on the sidelines of the 69th UN General Assembly in New York.

The mattese delegation with President Uhuru

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Uhuru’s maiden speech at the UN

President Uhuru made his maiden speech at the United Nations General Assembly where he called for building of stronger States in Africa. We must commit to build resilient and accountable states that can effectively respond to shocks, adversities and emergencies in the future. The

Ebola outbreak in West Africa showed that Africa needs to focus on making States stronger with stable institutions so that they have the ability to serve and protect people. State weakness in Africa comes from a history of wrong development paradigms which were driven by external pre-scriptions heavy on political instructions but light on economic and social transformation or benefit. We now know that our social and economic transformation shall come first from within our nations, our region and our continent and only second from the compliment of external ideas and

resources. On security, we in Kenya are particularly concerned by the perennial fragility that has come to characterise the Greater Horn of Africa. Kenya has to sacrificed lives and resources in its effort to bring peace to Somalia and we do this trusting that the international community will stay the course in Somalia. He also made a special plea for South Sudan, for no nation has, over the years suffered as much neglect from the

international community

Terrorism is threatening Kenya’s efforts to deepen and sustain its democracy, President Uhuru Kenyatta told the United Na-tions General Assembly in New York on Wednesday.The country, he said, is struggling to balance protection of democratic freedoms with the imperative of stamping out ter-rorism within its borders.“In Kenya, we stand at a critical moment. As we deepen our democracy, we find our nation thrust into the frontlines of a regional and global war against terror.“Terrorist actors are exploiting the expanded democratic space, sometimes feeding into and even influencing local politics,” President Kenyatta said in his first speech to the UN General Assembly in his capacity as Kenya’s head of state.He said the interplay between democratisation on the one hand and effective counter-terrorism on the other presents se-vere challenges to Kenya’s security and governance institutions“Unless we can provide an effective buffer to fight back this tendency, Kenya and indeed other countries will find it dif-ficult to entrench democracy and the post-2015 development agenda,” President Kenyatta said.The First Lady Margaret Kenyatta (bottom right) and her children Jomo, Ngina and Muhoho listen to President Uhuru

Kenyatta as he delivers his maiden speech to the World, at the 69th United Nations General Assembly.The President said Kenya continues to sacrifice lives and resources to bring peace to Somalia. He added that Kenya will continue with its efforts to stabilise South Sudan.EBOLA CRISISHe said Kenya and the Intergovernmental Authority on Develop-ment have invested considerable resources to end fighting in South Sudan though the progress was slow.“We cannot let this young nation and its people down. We cannot allow a return to political chaos, economic collapse and social des-peration. I implore the leaders of this young nation to make peace without further delay,” he said.President Kenyatta began his 20-minute address by calling for “urgent and sustained attention to the devastating Ebola crisis in Liberia, Sierra Leone and Guinea.”He drew applause from listeners when he pointed the move to pro-vide free maternal and child health care in all government hospitals.The audience also applauded as President Kenyatta commended First Lady Margaret Kenyatta for launching the “Beyond Zero Cam-paign” aimed at eliminating HIV infections among Kenyan children.

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Meeting with Kenyans living in New York

First lady Margaret and President Uhuru met with Kenyans living in New York at a reception held at the Grand Hyatt Hotel. Our mission to the United Nations was to advance the cause of Kenya, the region and Africa. Africa has a bright future and only requires to reassess what it wants

to be in the coming decades. The secret asset Africa has is its human resource and not the mineral and oils resources being discovered

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Meeting with Kenyans living in Boston

First Lady Margaret and President Uhuru met with Kenyans living in Boston on Friday night at a reception held at the Lowell Memorial Hall. Kenya has the potential to be a greater country but it is being held back by negative attitudes and priorities of part of its political class. We need to cher-ish the human capital of our country and I asked those in the diaspora to use their skills to support business back at home. Instead of waiting for economic salvation through our recently discovered petroleum resources, Kenya will continue harnessing its human resource capital, which has seen it compete effectively with other nations. The Constitution of Kenya is one of the most progressive in the world and those seeking to amend

it should first allow its full implementation and spare Kenyans the unnecessary costs and disruption of development.

President Uhuru also held talks with the United Nations Secretary General, Ban Ki-Moon at the UN Headquarters in New York.

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First Lady Margaret and the President with the US President Barack Obama and First Lady Michelle Obama during the reception hosted in honour of Heads of State and Government attending the United Nations General Assembly in New York.

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KDF Day in Nakuru

“It was a pleasure and a privilege recognize and honour our gallant officers of the Kenya Defence Forces who have devoted their lives to defending this nation. Kenya’s men and women in uniform have always inspired a sense of dedication to duty, pride and professionalism in their

rank and file. In an age when many military forces in Africa and in many other parts of the developing world sank into fruitless politicking, the Kenya Armed forces remained professional, steadfast and loyal to the Government of the day. we also commemorate our fallen heroes in the

knowledge that although they are departed, their spirit lives on with us, and in each one of us. Their example lights the way for us, and reassures us that we too are capable of the feats they achieved. I commend KDF on the exceptional conduct of “Operation Linda Nchi”, which culminated

in the liberation of Kismayu from Al Shabaab, and which has been rewarded with other significant advances in recent months. These experi-ences, the heroic toil of our young men and women in uniform, should not be lost to us, or to our children. I have nothing but praise for the KDF

for choosing to document, for the first time in our history, their experiences in war. I am grateful that the book we have launched today will be read for generations to come”, The President said.

What the President told his soilders“Distinguished Guests,Ladies and Gentlemen,It is a pleasure and a privilege to be with you today. I say a privilege because this day is set aside to recognize and to honour our gallant officers, men and women of the Kenya Defence Forces, who have devoted their lives to defend-ing this nation.Today, we also remember those who lost their lives in various military operations, including international peacekeeping missions, all over the world. There is no greater honour than to share this solemn commemora-tion with you.Ladies and Gentlemen,

Kenya’s men and women in uniform have always inspired a sense of dedication to duty, pride and professionalism in their rank and file.They have also inspired the nation.In an age when many military forces in Africa – indeed, in many other parts of the developing world –sank into fruit-less politicking, the Kenya Armed forces remained profes-sional, steadfast and loyal to the Government of the day.The Kenya Defence Forces, born after the promulgation of our new constitution, continues to build on the high stand-ards of professionalism and discipline that its predecessor upheld. That is why it has already become the efficient, modern and patriotic organization that Kenyans are rightly

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KDF Day in Nakuruproud of. Ladies and Gentlemen,Today, Kenyans join you in honouring those among you whose lives were given in the defence of this nation. We commemorate our fallen heroes in the knowledge that although they are departed, their spirit lives on with us, and in each one of us. Their example lights the way for us, and reassures us that we too are capable of the feats they achieved.As we remember them, let us not forget that defending our nation and region has never been harder than it is today.We live in an age of potent transnational threats to our security.Severe challenges still trouble our nation and region – among them the evil work of terror networks from around the globe. These terrorists still target unarmed civilians, hoping to create fear in our hearts, and to divide and sow hatred among us. But broadly speaking, we as a nation have, when it matters most, shown a sense of unity and therefore avoided falling into the whims of thieves and murderers. This has been the basis for our success so far.Part of that resilience is owed to the KDF, whose diligence

in protecting the nation and the region from terrorists has been outstanding. Let me commend your exceptional con-duct of “Operation Linda Nchi”, which culminated in the liberation of Kismayu from the Al Shabaab terrorists, and which has been rewarded with other significant advances in recent months.Ladies and Gentlemen,These experiences – the heroic toil of our young men and women in uniform – should not be lost to us, or to our children. That is why I am grateful that the book we have just launched today will be read for generations to come. I have nothing but praise for the KDF for choosing to docu-ment, for the first time in our history, their experiences in war.Let the experiences stir you to rededicate yourselves to the noble calling of protecting your country and promoting peace in our region. Let this work be guided by our com-mon values. Unlike the terrorists, we believe in the sanctity of human life; in the dignity of all people, whatever their religion; and in the cohesion of our different communities.Even as I say this, it is not lost on me that the wide variety of men and women who serve in the KDF – from different regions, and communities, and faiths – shows clearly that you are a living symbol of our national unity. It is that cohe-

The Commander in Chief saluting the flag of one of the battalions

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What the President told his soilders

siveness which earned the KDF the recognition, at the recent Nairobi International Trade Fair, of theTop Award in national cohesion and integration.Ladies and Gentlemen,As strong as the KDF has been in our national defence, the fact of the matter is that security is a shared respon-sibility. We must all share with the KDF the burden of defending our territorial integrity, and the lives and property of our people. Each of us must do what we can, with our neighbours, and with the authorities, to protect the nation that we love, and to secure it for all

of us, and for those who live with us.Ladies and Gentlemen,Let me now close by once again expressing my personal grief, and the nation’s deep sorrow, at the loss of all those patri-otic Kenyans who have fallen in the line of duty. May God grant their souls eternal peace. We will always honour their memory, and we will always strive to live up to the values for which they gave their lives.

Asanteni. Mungu awabariki na awalinde walinzi wetu.”

Laying a wreath to honour fallen soilders

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The President visited the Kenya’s Pledged Force ( KPF)

President Uhuru visited the Kenya’s Pledged Force ( KPF) that has been training in Archer’s Post, Samburu County to join the East African Standby Force. He was taken through a series of training programmes and exercises that KPF underwent to evaluate and validate the force ahead of the full operational capacity of the East African Standby Force. The 1,176 force will be part of an African Union initiative that can be mobilized to

resolve conflicts and keep peace in the continent.

Chief of staff Gen. Julius Karangi, Defence and internal Security CS’s taking the President around at the Archer’s Post.

C-I-C inspecting a tank at the post

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President Uhuru led Kenyans in remembering and honouring Kenya’s Heroes and Heroines, those

who went before and the ones with us today.

He indeed declared all Kenyans as heroes and heroines of this great Nation

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Chief of Staff Gen. Julius Karangi escorting the President to the dias, afer inspecting guard of honour during Mashujaa Day 2014

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We gathered to celebrate our heroes and heroines; the men and women who through their acts of courage and compassion define the essence of Kenya and its people. We also celebrate the multitude of unsung heroes whose everyday efforts bring progress and unity to families, commu-nities and our nation. All of us have Mashujaa in our lives. The local policeman, who turns up for work everyday ready to apprehend dangerous criminals. The nurses and doctors who go beyond the call of duty to soothe our pain and give us hope. We are grateful for those who mentor the young, and the philanthropists whose charities save lives and bring relief to the orphaned, the poor, the sick, the hungry and the destitute.

They are just as great Mashujaa as our most heroic freedom fighters, Koitalel arap Samoei, Mekatilili, Dedan Kimathi, the Kapenguria Six, Oginga Odinga.Our gratitude is deeply felt for their sacrifices confirm that we are one, and that this unity in caring for one another will make us

greater than the sum of our parts.

President Uhuru addressing the Nation during Mashujaa day celebrations

The President’s speechMy Fellow Kenyans,We gather today at this Mashujaa Day, to celebrateour-heroes and heroines. The men and women who through their acts of courage and compassion define the essence of Kenya and its people.Kenyans who stood up to denounce, organise against and fight colonial rule and authoritarian government. Kenyans in our security forces, currently on the battlefield combat-ing terrorists at home and abroad.The brave police officers, soldiers, and civilians, like ChiefInspector Stephen Lelei, Sergeant Moses Emojong and the late Lieutenant Joseph Mukoto Masulia, who risked their lives to save innocents attacked at the Westgate Mall last September.We lionise our winning sportsmen and women. Their winning exploits repeatedly reaffirm that our innate tal-ent once combined with hard work can raise us from the smallest village to be the best in the world.To see the determination, teamwork and dignity of men andwomen like Dennis Kimetto and Rita Jeptoo, as they battle for victory, is to be reminded anew of the limitless

possibilities that are ours to grasp. Just as importantly, we also celebrate the multitude of un-sung heroes whose everyday efforts bring progress and unity to families, communities and our nation.All of us have Mashujaa in our lives. We give thanks to the aunt who sacrifices her own comforts to pay for school or hospital fees.The local policeman, who turns up for work everyday ready to apprehend dangerous criminals. The nurses and doctors who go beyond the call of duty to soothe our pain and give us hope. We are grateful for those who mentor the young, and the philanthropists whose charities save lives and bring relief to the orphaned, the poor, the sick, the hungry and the destitute.They are just as great Mashujaa as our most heroic freedomfighters, Koitalel arap Samoei, Mekatilili, Dedan Kimathi, the Kapenguria Six, Oginga Odinga.And those men and women ... Wangari Mathai, Ali Mazrui, and others ... who have used their education to open our eyes to the most pressing challenges of the day.Our gratitude is deeply felt for their sacrifices confirm that

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we are one, and that this unity in caring for one another will make us greater than the sum of our parts.Fellow Kenyans, It is my fundamental conviction that together we can do and achieve more. That is the essence of our new consti-tution which has devolved power so that we can deliber-ate together at the grassroots on the best solutions to our problems.Even as devolution is pursued, my Government is acceler-ating the pace of East African integration. It will offer our business people and their foreign counterparts to seize the opportunities in a large and inviting regional economy and thus create millions of jobs for young Kenyans.To reap lasting benefit from the simultaneous implemen-tation of devolution and regional integration requires a united people.Unfortunately, too many of our leaders are masters at shouting at one another, seeking headlines more than real development, and using every ethnic and religious differ-ence to try and split us apart.The immense promise of Kenya will only be truly realised if we all insist that they change their ways and become mas-ters of listening to one another. That they compete to create headlines announcing concrete development achievements; and that their words and actions reflect a desire to serve Kenyans.

The President’s speechFellow Citizens,This present era of our republic was inaugurated four years ago when we adopted a people-centred constitu-tional order. We came to that celebrated pass through a united, century-old effort to overthrow colonial oppres-sion and build an independent, democratic Kenya.In celebrating our renewed republic, we should strive toremember that colonialism was ultimately a brutal under-mining of the rule of law that our forefathers had lived by.It therefore follows that upholding our constitution is a daily reclamation of what was initially lost to colonial rule and its remnants in the post-colonial period.It is by living under laws and rules of our own making that we are a sovereign people whose collective will must never be subordinate to any. Yet there are forces that seek to reverse our progress, to interfere in the affairs of our nation, and to rupture our unity. We must therefore remain ever vigilant if we are to retain the right to build a prosperous, independent and strong nation.To this day, there are countries and institutions abroad that seek to advance their economic and geopolitical goals to our disadvantage. They fund and nurture vari-ous outfits whose actions and visions seem set to create cleavages between Kenyans, and leave us despondent with their messages of pervasive failure. These actors have posi-tioned themselves as the gatekeepers and interpreters of

President Uhuru inspects guard of honour mounted by the Kenya Defence Forces during Mashujaa Day celebrations at Nyayo National Stadium.

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Kenya in various capitals. If they were to succeed, they would so completely rob us of faith in each other that we would put our destiny in the hands of unelected, un-accountable institutions that answer to foreign powers.This however will not happen as long as my govern-ment is in place. I pledged to protect our sovereignty and advance our constitutional democracy. I will do so without hesitation and with no favour or letup. As a start, my Government will insist on transparency of resource mobilisation and utilisation in and outside the public sector.This is especially important in enabling us to success-fully combat the Al-Shabaab terrorists and their local sympathisers.Our democratic space with its right to free speech and association gives them the opportunity to use exagger-ated, dishonest claims of victimhood to radicalise and recruit Kenyan youth.Their funding and activities must be uncovered at all times to put a stop to their campaign to kill innocent Kenyan civilians and the brave members of our security forces.My Fellow Kenyans,The threat of terrorists to our democracy is profound.They are part of a networked global movement that even as I speak is destroying lives and entire communities in

The President’s speech

Syria, Iraq, Yemen and Libya. Thousands of foreign fighters are streaming into terrorist campaigns worldwide from even the richest most advanced democracies.They perpetrate attacks such as the ones we suffered atWestgate, Gikomba, Thika Superhighway and Mpeketoni. Not as a response to any action or inaction by our govern-ment or people, but because they seek to terrorise us into helplessly acceding to their evil vision of a society in which women are virtually slaves, where there is no freedom of religion, of speech or indeed of any democratic choice. Like leeches, they feed on the disunity arising from local leaders whose constant negativity divides our communities and causes false ethnic and religious antagonism.My Government will intensify efforts to stamp out incite-ment. We will insist with every legal tool at my disposal that the use of public pulpits by all leaders, teachers, preachers and imams be lawful and focused on building national cohe-sion.As we undertake these efforts, let us take the time to honour and celebrate our men and women in uniform who serve at home and abroad. These patriots daily risk their lives to bring stability to neighbouring Somalia by waging war against a ruthless Al- Shabaab.Some of them have paid the ultimate price in the line of duty. As their Commander in Chief, I call on you to join me

The President received in the dias by service Commanders.

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The President’s speechin honouring them all. Our best tribute to them is to make sure they feel our gratitude.We should also play our part by denying criminals space to operate. This will be achieved by our participating in the Nyumba Kumi program. Since its inception, numerous plans by extremists and terrorists have been foiled with the assistance of Kenyans.Our country will become safe neighbourhood by neigh-bourhood through the involvement of each and every one of us.Fellow Kenyans, It is not only terrorists and criminals that make us feel un-certain. Many of us wonder what the future holds for us in terms of securing the education and skills that will enable us to secure a decent livelihood. This is especially the case with our youth.My Government has commenced a number of transforma-tive initiatives aimed at the creation of millions of jobs. Foremost are large-scale infrastructure projects we have initiated that will accelerate our country’s economic devel-opment.

One of these is in expanding energy production so that we can sharply lower the cost of electric power. Your power bills next month will tell you that this is a reality. By 2017, we intend to have added 5,000 Megawatts of green, clean and reliable power to the national grid.Cheaper power delivered through faster connection will instantly improve food production and agro-processing. Manufacturing firms will become more competitive and expand their production.The result in the agricultural sector, which is still the major employer of Kenyans, and in manufacturing, which is our route to becoming a wealthy nation, will be the creation of more jobs.These investments in power production will also improve academic performance and make learning outcomes more equal across the country.We have already connected 11,000 schools to the power grid, and are adding dozens more every week. Cheaper connections to the grid and lower household prices mean many more children being able to study late into the night and thus improve their performance.

A section of Administrators during the the Mashujaa Day celebrations at Nyayo stadium.

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We are also working to ensure that all hospitals and dis-pensaries have electricity so that they can adopt technolo-gies that save more lives. As more of our streets are lit more cheaply, our towns and cities will become safer from crime.Fellow Kenyans,My Government took only a year to deliver a new world-class airport terminal in Nairobi after last year’s fire. We are bringing the same kind of ambition to constructing new airports, port facilities, railways and roads. In the next 5 years, we intend to tarmac 10,000 kilometres of new roads; this is almost equal to what was done in the fifty years since independence.This infrastructure will create jobs for our young people and wealth for us all. First because the Government has ensured that it is a legal requirement for government to give 30% of government tenders to youth-owned busi-nesses.Next, it is these roads, railway, ports and airports that will allow more companies to be based in Kenya where they can employ skilled and hardworking Kenyans while being able to send their goods into the fast integrating markets of East Africa, Europe, Asia and the Americas.The combination of cheaper power, better infrastructure and improved security will enable us to build a 24-hour

The President’s speech

economy whose reach is global. My Fellow Citizens,Even as we reach for the stars, I know that many Kenyans are struggling because food prices are still too high. The simple reason is that the supply is not adequately meeting the growing demand. To reverse this, my Government has enabled the cultivation of the first 10,000 of the committed one million acres of irrigated farmland. This will enable us feed all Kenyans much more cheaply by 2017. We are also taking immediate action to help the most vulnerable.Under the Hunger and Safety Net Programme covering Mandera, Marsabit, Wajir and Turkana, my Government has allocated 15.8 billion shillings under a 5-year pro-gramme, distributed to 100,000 households.We have also expanded the social protection plan to cover more than one million elderly and severely disabled peo-ple this financial year. We almost doubled the number of households benefiting from this monthly stipend to almost half a million. It will offer some basic support that is reliable so that other efforts by individuals and communities have something to build on.Fellow Kenyans,As we wait for the jobs that will come with transformation, we are taking measures to create opportunities now. My Government’s One Million Artisans training programme

Chief of staff Gen. Julius Karangi with Army commander, Air Force Chief and Navy Boss

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The President’s speechwill connect trainees to job opportunities in medium and large projects. Moreover, young people, especially in the ICT sector, will secure jobs through the Agency model for eCitizen services. My Government’s commissioning of 60 technical col-leges, with 40 more to come is testament to our belief that not all paths to success pass through university.A watershed example of this vision is in our restructuring of the National Youth Service into an institution that will drive the youth transformation agenda. Last year, NYS re-cruited over 4000 youth; this year, the intake was 20,000; and next year we want to recruit 60,000 and to continue expanding in the coming years.Involvement in urban gentrification and rejuvenation starting with Kibera where NYS are working with local youth to create hope and opportunity out of hopelessness is a vital part of our programme.These young people will be provided with vital skills in demand by employers and will also be eligible for enter-prise loans. In return, they have the opportunity to serve our country. In the past year alone, working with minis-tries, they have constructed over a thousand small dams and water pans for domestic, agricultural and livestock use in dry areas. They clean the poorest areas of our cities, and do so with a patriotic zeal that inspires all who see them work.I want every young Kenyan to know that despite today’schallenges, the future is bright. Your education, your abil-ity to work hard and be open to the world that is the com-mon gift of Kenya’s diverse cultures, combines to make you one of the most attractive workers in the world.My Government is working overtime to make sure that we enable your efforts, and those of investors so that they can make maximum use of your abilities. Fellow Kenyans,My recent call for volunteer healthcare workers to go and help the West African nations being ravaged by Ebola has been respondedto positively by dozens of brave men and women. I want tohonour them for such compassion and generosity.The more we do to stop the virus spreading at its source, the safer our country and region will be.These heroic volunteers teach us of the indomitable spirit of our people. There is also an important lesson in the thousands of deaths from the crisis they are going to combat. That weak state institutions unable to properly deliver health and security services to all are an invitation to disaster.It was not always this way in Africa. We got to this unfor-

tunate result by too willingly adopting development para-digms that have systematically weakened our states for the last thirty years.No more. We must refocus our efforts, and those of the entire world, on building effective governments whose services are accessible to all, accountable to all, accountable to all and that have the extra resources to respond to shocks and emergencies.This is the duty of Government and must not be outsourced to donor-funded entities whose efforts are aimed at relief and not at the comprehensive scale it takes to transform lives or respond to crises. Having said this, it is important that we acknowledge that the greatest roadblock to effective government is corrup-tion. Asking for bribes or paying them weakens systems and destroys hope.The most heroic action you can take as a citizen is to ensure that in all our counties, towns, cities and villages, we de-nounce all forms of corruption and refuse to participate in this scourge. My Government is working hard to use tech-nology, better management and transparency to eliminate loopholes used for corruption.My Fellow Citizens,I urge you to join me in recognising that our individual as-pirations are better realised in a political marketplace whose focus is on development. Not endless, noisy and unproduc-tive politicking.My Government is focused in doing everything possible to enable you to develop as an individual and a community. That is why I express gratitude to a group of heroes who are rarely praised in occasions such as these.I am talking about the entrepreneurs whose persistence to build and grow a business - whether small or big - requires they overcome many disappointments and take many risks. Their struggle to pay salaries every month, to open new markets and develop new products is heroic. It is the prosperity that they create which will allow us to offer the kind of education, health and security we all want for our children.My Government will do everything in its power to improveservices and lower the cost of doing business to assist them to succeed. Finally, dear Kenyans, I look ahead and see a great destinywaiting for us. I know we will attain it because I lead a peo-ple who count millions of heroes among them, and whose unity will be our shield and torch in the coming days.Thanks to you all, because you are the heroes of today and the future, and God Bless Kenya.

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H.E Deputy President William Ruto addressing wananchi during Mashujaa Day celebrations at Nyayo National Stadium, Nairobi County

His Excellencelly President Uhuru Kenyatta addressing wananchi during Mashujaa Day celebrations at Nyayo National Stadium, Nairobi

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Grand arrival of the First Couple for the Mashujaa Day celebrations at Nyanyo stadium

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RESUMEAn elegant First Lady Margaret Kenyatta

Nairobi Governor Dr. Evans Kidero addressing the crowds at Nyanyo stadium on Mashujaa day.

Eyes to the sky, CIC and Chief of staff Gen. Karangi watching Kenya Air Force planes on aerial display.

Trooping of the colours.

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Deputy President, H.E William Ruto addressig the Nation from Nyanyo stadium on Mashujaa Day.

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Interior PS Ms Monica Juma receiving the DP William Ruto and His Wife Rachel Ruto. Gen. Karangi looks on.

The President’s children Jaba, Ngina and Jomo

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Rachel Ruto, House Speaker, Justin Muturi, Senator speaker Ekwe Ethuro, Chief Justice Dr. Willy Mutunga and Dr. Evans Kidero Nrb Governor

Muslim Preacher and Maasai traditional religious leaders. BELOW: Coastal children who entertained guests and Wananchi

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Cabinet Secretaries Felix Kosgey, Mohammed and Rotich

Francis Muthaura and CS Kazungu Kambi among other dignitaries at Nyayo stadium

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President Uhuru waving supporters, Gen. Karangi watches on.

Mukami Kimathi (seated) and her daughter among the dignitaries at Mashujaa Day Celebrations.

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The Presidential Motorcade leaving State House

The President, atop the ceremonial armoured land cruicer arriving at the stadium

G.S.U officers passig past the Presidential dias.

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The ninth Battalion ready for guard of honour inspection by CIC

Police officers match past the dias in salute to C-I-C

G.S.U officers passig past the Presidential dias.

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The pride of the Nation, our Children saluting the Head of State.

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Police Officers matching their dogs past Presidential dias

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President Uhuru, First Lady Margaret, Deputy President William Ruto, and Mrs. Rachel Ruto with pupils from Sacred Heart Primary school, Mombasa at State House, Nairobi.

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Coast Children’s voices entertained the crowds

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Kenya Revenue Authority 2014 Taxpayers Day

President Uhuru leads top KRA officials Masden Madoka, KRA Chairman and CEO Mr. Njiraini as well as DP Ruto is appreciating tax payers Day 2014.

A Tax Payer receives her certificate from the President

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Kenya Revenue Authority 2014 Taxpayers Day

Last month, President Uhuru presided over the Kenya Revenue Authority 2014 Taxpayers Day. We gathered at that day to celebrate the patriot-ism of our taxpayers, whose hard-earned shillings finance our country’s transformation and development. The patriot who pays his taxes, and contributes his shilling to our economic emancipation, is as much a shujaa as the most famous of our heroes. It is right that we celebrate these

events together. I thank every Kenyan who pays tax for their contribution.He also extended his recognition to the National Treasury, and the Kenya Revenue Authority, for their prudent management of these funds. “My Government is keenly aware of its obligations. Kenyans gave us the honour of their vote because they believed we would manage their resources competently. They believed that we would not give way to corrup-tion, to waste, or to fraud. They wanted development and they trusted us to work with them to bring it. We dare not fail them. We will continue to

rationalize Government spending by prioritising capital investment in education, health and social protection,” The President said.

A Selfie with KRA staff members

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Inter-government Agency on Development (IGAD) mini-summit in Juba South Sudan

President Uhuru Departed for a one day official visit to Juba, South Sudan, where he attended the IGAD Summit. Kenya is committed to a speedy resolution to the South Sudan conflict.

President Uhuru joined regional leaders in Juba, South Sudan

for the Inter-government Agency on Development

(IGAD) mini-summit which came in the wake of significant

progress in negotiations in Addis Ababa and Tanzania.

Ethiopian Premier Hailemariam Desalegn, Uganda’s Prime

Minister Ruhakana Rugunda and him were briefed by Presi-dent Salva Kiir on the progress of the talks.” We appreciate the progress in the peace process and we urged the involved par-ties to continue mediation until

all outstanding issues were thrashed out, The President

said.

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President Uhuru at the entrance door of White House in USA. He ate dinner with the Obamas on this day

News Pictorial

C-I-C who doubles as President of the Republic with Chief of Staff General Karangi during the Kenya Defence Forces Day in Nakuru

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A pensive President Uhuru who is the Commander - In- Chief of KDF during KDF’s Day in Samburu

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C-I-C Uhuru and his Chief of Staff Gen. J. Karangi

C-I-C, Chief of Staff; Cabinet Secretary R.Omamo and senior Military officers at Samburu

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President Uhuru with State House Staff.

President Uhuru, with Chief of Staff Gen. J Karangi, Cabinet Secretary R. Omamo and other senior officers during the KDF Day at Samburu

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President Uhuru and First Lady Margaret Kenyatta met with Romanian Ambassador to Kenya Mrs Lulia Pataki. He emphasized on the need for Kenya and Romania to scale up their cooperation in various fields for the benefit of the people of our countries.

President Uhuru , First Lady Margaret Kenyatta with Romanian Ambassador to Kenya Mrs Lulia Pataki in State House Nairobi.

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President Uhuru left the country for Kigali, Rwanda, where he attended the East African Business Summit. The summit, whose theme was ‘po-sitioning East Africa for inclusive prosperity in 2020 and beyond’, brings together participants from Government and private sector from the East African region. I allayed fears that Kenyans would dominate all available jobs if the regional labour market were opened and liberalized.” I regret that full integration of the East African region is being slowed by these unfounded fears among some of its members. I urge regional leaders to

debunk the notion of protecting ‘jobs for my people’, an approach taken by some partner states,” said the President.

President Uhuru attended the East African Business Summit in Kigali, Rwanda

President Uhuru and Kagame in Kigali.

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November, 2014

President Uhuru commissioned the 140 Mega Watt Ol-Karia IV geothermal power plant. The new power plants at Ol-Karia are central my Govern-ment’s strategy for lowering the cost of power and infrastructure. He was joined by Deputy President William Ruto and Energy CS, Davis Chirchir.

President Uhuru and Deputy Ruto at Olkaria launching the Geothermal project.

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Geothermal Project

President Uhuru and Deputy Ruto being conducted inside Geothermal plant.

Energy CS Davis Chirchir Secretary officially welcomes the President and his Deputy at the Geothermal plant.

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November, 2014Geothermal Project

The Geothermal Plant, above and below in full production of Geothermal Power.

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Geothermal Project

Power generation

Wind Power in the Country adding Power in the National grid.

Energy CS Davis Chirchir with the President fielding quesrions from the Press during the Geothemal launch.

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November, 2014Geothermal Project

His Excellency President Uhuru Kenyatta addressing guests during the Geothermal launch

Deputy President, Energy CS and other leaders listen to the President’s speech.

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First Lady Margaret Kenyatta is accompanied by her family and members of her team to receive the ‘United Nations Person of the Year 2014’ award for her efforts in The Beyond Zero Campaign.

First Lady’s received the ‘United Nations Person of the Year 2014’ award

First Lady’s speech

I am truly honored to be named the recipient of this highly regarded and prestigious award.I am humbled with the recognition that you confer on

me today, and I would like to dedicate this award to ALL of You, The Kenyan Men and Women who join me every day in the fight to reduce maternal and early childhood deaths .... we are not there yet but we shall get ‘Beyond Zero’.

Ending preventable maternal and newborn deaths in our country is not a choice, it is a necessity.

For too long, the prospect of childbirth in Kenya to thou-sands of women has been tantamount to a death sentence. This is not acceptable. It must stop.

Childbirth should be a joyous moment for families and com-munities, not a period of loss and mourning.Earlier this year, I had the privilege of leading a team in the ‘Beyond Zero’ campaign which targets the reduction of ma-ternal and newborn mortality.

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November, 2014

First Lady’s received the ‘United Nations Person of the Year 2014’ awardTo date, we have delivered seven (7) fully kitted mobile clin-ics to Taita Taveta, Narok, Isiolo, Homa Bay, Wajir, Baringo and Samburu counties. These are Counties that have some of the highest maternal and newborn mortality rates in the country.

I am committed to ensuring that each of our 47 counties has a fully-equipped mobile clinic because no more women should die while giving life, and no more babies should die from preventable causes.

It has been demonstrated through the kind donations of many well-wishers to the Beyond Zero Campaign, that public–private partnerships go a long way in supporting im-provement of the health status of women and children.

Reducing maternal deaths requires a concerted multi-sec-toral investment, hence there are other social determinants that we must address including education, especially of girls, gender equality, roads, infrastructure, sanitation and clean water among many others.

I want to sincerely thank the United Nations family as a

whole, for supporting our cause.Your support, together with the support of many oth-ers, is saving and transforming the lives of many Kenyan women and children.In equal measure, I would like to thank our WORLD class athletes, including the lovely old grandmother who ran with me in Iten, all those who gave us moral and material support during our memorable run in London, my team and the unwavering support of His Excellency the President and my family.....

But most importantly, I would like to thank all the thou-sands of Kenyans who joined me in my half-marathon here in Nairobi and I look forward to you joining me next year as we continue running until we achieve our goal.

Your continued commitment will change the lives of Kenya’s women and children!

I thank you once again for this profound honor, asanteni sana!

US envoy to Kenya Robert Godec with other dignitaries during the award presentation to the First Lady.

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Deputy President William Ruto in Zambia

DP Ruto departing for Zambia for the country’s 50th Independence Day Celebrations with Ugandan Vice President Edward Ssekandi.

DP Ruto arrived for Zambia’s Golden Jubilee Celebrations

and received a bonquet of flowers from the young girl

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November, 2014

Deputy President William Ruto in Zambia

DP Ruto with Zambia’s founding father Kenneth David Kaunda during Golden Jubilee celebrations held at Lusaka’s National Heroes Stadiu

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Meeting with Kenyans living in Zambia

Deputy President William Ruto interacted with Kenyans living in Zambia at the Kenyan High Commission.

Deputy President William Ruto with Childrem of Kenyans living in Zambia

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November, 2014

Meeting with Kenyans living in Zambia

William Ruto Deputy President in Zambia with Kenyans living

there.Little Children and their moth-ers couldn’t be left behind and

the big event.

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President Uhuru joined UN Secretaty General Ban Ki-moon at UN headquarters in Gigiri for the official opening of Africa Sustainability Transport Forum (ASTF), Ministerial Conference. Africa has the ability to solve problems and challenges facing its people. We must develop imaginative and

innovative homegrown solutions to address the myriad challenges facing Africa, the fastest growing continent. To realize Africa’s developmental aspirations we need the active engagement of all stakeholders including governments, the private sector, academia, research institutions, financial institutions and the civil society. We gather at a critical time for Africa, and our 2063 agenda for development. This agenda demands our commit-

ment to a shared strategic framework for inclusive growth and sustainable development for Africa’s transformation. We must be ready to share best practices and lessons and invest in research; and we must also develop the necessary homegrown expertise on the continent to actually implement

our plans.

President Uhuru hosted the newly appointed Ambassadors at State House, Nairobi

Envoys