The attempt by the Attorney-General and Treasury CS to halt this case is a diversion. The High Court has already affirmed jurisdiction, and Kenyans deserve answers on how nearly Sh7 trillion was borrowed and spent. Accountability cannot be outsourced or delayed the Constitution demands transparency, and we will not relent until every shilling is accounted for. The law cannot wait for a forensic audit to determine if the Constitution was violated.
THE SHYLOCK NEXT DOOR
You would never let someone use your ID to borrow money from a Shylock, then expect you to repay the loan. You would call it THEFT.
So why are we so quiet when it happens to our country?
Kenya’s public debt now stands at about KSh 12.8 trillion. This year, about 91 percent of the taxes we collect will go to paying debt, not improving hospitals, schools, roads, or supporting counties.
We feel it every day through higher taxes, delayed county funding, delayed and reduced capitation, struggling public services, and fewer development projects.
Debt is not the problem. Debt without clear results is.
Every Kenyan is paying for these loans. Every Kenyan has the right to ask one simple question.
What did we borrow all this money for?
Your name is on the bill. Your voice should be part of the conversation.
#KenyaDebtCrisis #OdiousDebt #DeniBandia #GetitDone #ReKe
The Asymmetry of Rights: There in no Equality Before the Law for the IMF
1. Section 5 of the Bretton Woods Agreements Act of 1963, as read with the Schedule to the Act, creates an impermissible asymmetry before the law. Fund Agreement Article IX, Section 2 gives the IMF full juridical personality, including the capacity “to contract,” “to acquire and dispose of immovable and movable property,” and “to institute legal proceedings.”
2. However, Article IX, Section 3 then provides that the Fund, its property and assets enjoy “immunity from every form of judicial process,” except where the Fund expressly waives immunity.
3. The result is a one-sided legal relationship:
-The IMF can sue Kenyans in Kenyan courts.
-Kenyans cannot sue the IMF.
-The IMF can contract, own property, and enforce rights in Kenya.
-Kenyans cannot enforce rights against the IMF.
4. This asymmetry offends the constitutional principle of equality before the law. Article 27(1) provides that “Every person is equal before the law and has the right to equal protection and equal benefit of the law.”
5. Equality before the law is not satisfied where one legal person may invoke the protection of Kenyan law but is placed, by ordinary legislation, beyond the reach of constitutional scrutiny.
6. A statutory regime that allows an international institution to sue, contract, own property, and enforce rights in Kenya, while denying affected persons and constitutional organs effective access to judicial process, creates a one-sided legal relationship that cannot be justified under the Constitution.
#DeniBandia #OdiousDebt
"When the citizens of a Nation deem their most accomplished thieves as the most electable then they lose the right to complain when theft becomes their national creed." ~ Modibo Keita. Pan-Africanist leader and first President of Mali. (1915-1977)
Katiba Institute Files a Petition Challenging the Proposed Establishment of Ebola Quarantine and Treatment Facilities in Kenya:
Katiba Institute is challenging the proposed establishment of a quarantine facility for American citizens exposed to Ebola and other highly infectious diseases in Kenya. The petition, through Counsel @joshuamalidzo, has been filed under a certificate of urgency. It is brought against the Attorney-General, (1st Respondent) and the Cabinet Secretary for the Ministry of Health (2nd Respondent).
To ensure transparency, accountability, and court oversight before a final determination is made, KI is asking the Court to urgently:
Halt Facility Operations: Restrain the Respondents from establishing, operationalising, or approving any Ebola quarantine or treatment facility in Kenya under any arrangement with the United States or other foreign governments, pending the hearing and determination of the matter.
Prevent Entry of Exposed Persons: Bar the Respondents and their agents from receiving, transferring, or facilitating the entry into Kenya of any individuals exposed or infected with Ebola under the impugned arrangement.
Compel Contingency Planning: Require the Cabinet Secretary for Health to prepare and present to the Court, within 24 hours, a comprehensive contingency plan detailing Kenya’s preparedness measures for the prevention, surveillance, control, and response to any potential Ebola outbreak.
Mandate Full Disclosure: Compel the Respondents to disclose to KI and the public the full terms for any arrangements or negotiations regarding the proposed facility. This includes all related public health, environmental, biosafety, or security assessments; regulatory and parliamentary approvals; and the specific protocols for the admission and treatment of exposed persons.
The case affirms that even in matters of diplomacy and public health, the Constitution remains supreme and binding on all State organs. The secretive, unilateral establishment of an Ebola quarantine facility raises grave constitutional concerns regarding the rights to life, health, fair administrative action, public participation, and parliamentary oversight.
“KI is asking the Court to determine whether the Executive can expose the public to such significant risks without complying with constitutional safeguards. At its core, the case is about preserving constitutional accountability, protecting public health, and ensuring that no government may place expediency above the lives and safety of the people of Kenya.”
- @NoraMbagathi , Executive Director, Katiba Institute.
Get more details about the Petition via https://t.co/PMKnNFStbv
Hitler offed himself, instead of facing the Allies.
Gaddafi died, screaming, as he had a bayonet shoved up his ass, and he was beaten to a bloody pulp, then shot multiple times.
Stalin suffered a stroke, and was left without medical treatment because of his own guards and political allies— he laid on the floor, barely-conscious (then, unconscious), paralyzed, pissing and shitting himself.
Strong men do not die as brave or dignified men. Hell, nobody does. But, they often die as they lived (or caused others to live): without any human kindness, surrounded by violence, and in an abject state of suffering.
When you hear politicians suddenly uniting to tell you who the “enemy” is, pause and ask yourself one question:
Who benefits when citizens are divided and distracted?
Too often, the political class closes ranks not to defend the people, but to defend the system that feeds them. They want Kenyans fighting each other while corruption, impunity, unemployment, and economic injustice continue unchecked.
The moment someone begins questioning the structure of exploitation, the wardens of the prison quickly unite and point at a new “enemy” to keep the prisoners distracted.
Kenyans must stop worshipping political camps and start defending principles. Accountability is not tribal. Justice is not regional. Truth is not partisan.
The real struggle is not between ordinary citizens. The real struggle is between a corrupt system and the people paying the price for it every day.
They've engineered the silence because they fear you more than they fear any judge. An informed public is their worst nightmare. So read the filings. Track the hearings. Ask the hard questions. The @IMFAfrica@KeTreasury, @NAssemblyKE, and every pen that signed these loans must answer.
Some politicians waiting in the wings will not speak because they hope to inherit the same broken system. To those seeking office: this is a test of principle. You cannot inherit a system you refuse to question.
We don't need their headlines to know our rights. The Constitution didn't give us a voice to whisper. The front page isn't theirs to give. It's ours to demand. Stay loud. Stay informed. The law is on our side
#OdiousDebtKenya #PeoplePower #DeniBandia