2013-12-13

<h3 “”=”" tabindex=”-1″ id=”yui_3_7_2_1_1386934295508_15972″>Kenyan Parliament ANGRY, Claim Violation of Kenyan Constitution by Obama Secret Meeting with African Chief Justices

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ADDRESSEES:

Firstly, Please immediately Download the various documents which I have provided within this document, since the US NSA might block and/or remove access to these once this information is released globally — so far I have seen NO Reference to this ISSUE!

After Reading for YOURSELVES, each of YOU should develop Your OWN Opinions!  DO NOT USE MINE!!!  BUT, I think each of You will come to the similar conclusions:

1) Appears to Kenyans that Obama violated Kenyan Constitution, and others, and maybe even the USA Constitution, in calling a private Meeting of Chief Justices of other countries during his summer visit to Africa.  Meeting was PAID FOR by the United States, by direction of Obama.  ( To ME: It would be like Chief Justice Roberts being contacted to attend a private meeting with Russia’s Putin or even Iran’s Ahmadinejad in maybe South America somewhere to influence judicial matters in the USA involving muslims or some other issue!)

2) Media were asked BY OBAMA to leave meeting and Justices will not comment on the specifics of Obama meeting. Ironically, the Kenyan Parliament is NOT allowed to demand the Kenyan Chief Justice to give details.  So what was ACTUALLY SAID BY OBAMA?  Do WE, US Citizens, have a right to know?

3) Appears to me from reading the Kenyan Parliament proceedings on the Obama/Justice Meeting (which are provided in entirety below in case internet links are blocked):

KENYAN PARLIAMENT EXTREMELY UPSET OVER SECRET MEETING WITH THE KENYAN CHIEF JUSTICE, AND MANY OTHER CHIEF JUSTICES OF AFRICAN COUNTRIES,

CALLED BY THE PRESIDENT OF THE UNITED STATES, BARACK OBAMA, PAID FOR BY THE UNITED STATES, OUTSIDE OF KENYA,

KENYAN PARLIAMENT LEARNS OBAMA’S POSSIBLE ATTEMPT TO INFLUENCE THE JUSTICES.  KENYAN PARLIAMENT CONSIDER OBAMA ATTEMPTS IN VIOLATION OF THE KENYAN CONSTITUTION, AND POSSIBLY TO INFLUENCE COUNTRY POLICIES REGARDING GAY RIGHTS AND HOMOSEXUAL ACTS

ONE KENYAN IN PARLIAMENT SUMMARIZED:

“On gay rights, Kenyans spoke in 2010 when they passed the Constitution. Kenya is a God fearing nation. We have a culture and religion. We abhor gayism as a country. One of the issues that the American Government was sending across Africa was gay rights. If that, indeed, was the case then I am lucky at least that he (Obama) did not come to Kenya. This is because Kenyans have shown categorically that they do not believe in those kinds of acts. It is in the Bible and the Quran that communities that went through that kind of behavior were destroyed by God. We stand with our bishops.”

(NOTE: OBAMA WON’T GO TO KENYA DUE TO ICC (International Criminal Court) INVESTIGATION INVOLVING 2008 KENYAN ELECTIONS — see below for detailed articles)

4) Immediately below are some key quotes, below those is the Entire Kenyan Parliament Proceedings involving the Obama/Justice Meeting (the June 26, 2013 Proceedings when they first heard about the meeting, and the July 3, 2013 Proceedings after the meeting occured:

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“QUOTES”:

“Senegal. The said meeting was graced by His Excellency President Barrack Obama and other Chief Justices from various African countries including Senegal, Malawi, Benin, Zambia, Cote d’ivoire, Botswana, Niger and Gabon as well as senior most judges from Ghana and Uganda. The visit was fully funded by the United States of America Embassy in Nairobi.”

“Hon. Speaker, first I would like to thank the Leader of the Majority Party for quickly seeking that Statement from the Judiciary. I wish to seek further clarification because the question which I had asked has not been answered. I had mentioned, as you all know, what our Constitution states in Article 160(1), that the Judiciary is supposed to be independent and conduct itself in a manner that shall not be subject to control or direction of any person, least of all, the President of another country that has pronounced itself on ongoing judicial processes in this country. The US Government had stated that the precise reason why the President was not visiting this country, in as much as we are not splitting hairs to the fact that he did not come, was because of an ongoing judicial process, namely, the ICC. So, how would his inviting the head of our Judiciary to meet him impact on the cases? Was he directing our chief justices around Africa on how to deal with such cases if they come before them? Secondly, our relationship with the President of America—”

“Hon. Speaker, secondly and as I was saying, the relationship between this country and the US, especially the relationship with the President of the US is a political relationship. The former Director of Communications for the former Prime Minister stated last weekend in an article “why would Barrack Obama talk to an African judge over the head or the President? A judge who attends such a forum panders to the whims of a bloated international egotism”. The clarification that I seek is whether the US President followed the required protocol in inviting the Chief Justice of an independent country?”

” I will quote what the President said in one sentence of his speech. He said: “On a basic level, judicial systems require funding to do their jobs”. He continued to say “In this meeting, I want to hear from you how we can be more helpful and encourage in building stronger judiciaries and systems of law around the continent. We want to work with partners across Africa to strengthen the independent judiciaries”. That is an oxymoron and goes against the issue of independence. Finally, we know and media reports have stated that when President Obama was in Senegal, he advocated for gay rights and called on African Governments to give gay people equal rights by de-criminalizing homosexual acts. In his remarks to the chief justices of the continent, he actually asked the media to walk out so that he could discuss such matters in private. I will read again his speech: “Thanks to all of you who have in some cases travelled from a very long way to be here. Of course, we know Kenya is far from Senegal, and with that, let me give the Press a moment to depart so that we can have a good conversation”. The question is: Which conversation is this? Is there an attempt to introduce gay rights or tolerance for gay issues in this country which is a very religious country? Is that a matter that is being supported by the Chief Justice or by the Judiciary?”

“On gay rights, Kenyans spoke in 2010 when they passed the Constitution. Kenya is a God fearing nation. We have a culture and religion. We abhor gayism as a country. One of the issues that the American Government was sending across Africa was gay rights. If that, indeed, was the case then I am lucky at least that he did not come to Kenya. This is because Kenyans have shown categorically that they do not believe in those kinds of acts. It is in the Bible and Quran that communities that went through that kind of behavior were destroyed by God. We stand with our bishops.”

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http://info.mzalendo.com/hansard/sitting/national_assembly/2013-06-26-14-30-00

June 26, 2013 Afternoon:

VISIT BY CHIEF JUSTICE TO SENEGAL TO MEET PRESIDENT OBAMA

Johnson Arthur Sakaja

Thank you, hon. Speaker. I would like to request a Statement from the Leader of Majority Party with respect to a visit by the Chief Justice (CJ) and other State officers to Senegal to meet the President of the United States of America (USA), Mr. Barak Obama, cognisant of the fact that Article 160(1) of the Constitution of Kenya states that in the exercise of judicial authority, the Judiciary shall be subject to only the Constitution and the law, and that it shall not be subject to the control or direction of any other person or authority; and also cognisant of the fact that Kenya is a sovereign Republic, as stated in Article 4(1) of the Constitution. In the Statement, I would like him to clarify the following issues:- (i) whether the CJ will be meeting President Obama in his private or official capacity; (ii) who is funding the visit; (iii) what the agenda of the visit is; (iv) which other State and/or public officers, if any, have also been invited to meet President Obama in either Senegal or Tanzania or wherever; and, (v) given the fact that President Obama has chosen to ignore visiting Kenya due to an ongoing judicial process at the International Criminal Court (ICC) – a position his Government has stated clearly – what bearing the meeting has on the perceived independence and impartiality of the Judiciary on the same matter. Hon. Speaker, Sir, my request under (v) above is based on the fact that there is an ongoing judicial process at the ICC and President Obama has invited the head of our local Judiciary.

June 26, 2013 PARLIAMENTARY DEBATES 16 Thank you. Hon. Speaker

Leader of the Majority Party, could you give an undertaking?

(Loud consultations)Aden Bare Duale

Hon. Speaker, hon. Odhiambo-Mabona is forgetting that she is in a House of the 11th Parliament, and not in her constituency. Hon. Speaker, Sir, that is a request I will respond to as per the provisions of the Constitution. Due to the agency of the matter raised, I will give the Statement on Tuesday, next week.

(Loud consultations) Hon. Speaker

Hon. Members, what is happening over there? The request for a Statement has been made by hon. Sakaja. Surely, he does not require the assistance of hon. Jimmy Nuru Ondieki Angwenyi.

Jimmy Angwenyi

Hon. Speaker, there is information he has forgotten to seek —

(inaudible) (Laughter)Hon. Speaker

Hon. Angwenyi, you are out of order!

Aden Bare Duale

On a point of order, hon. Speaker. I got the information. I will consult his grandmother to ask him why he is not visiting the mother of Alego. We will bring that information as part of the answer.

Hon. Speaker

Yes, Leader of Minority Party, hon. Francis Mwanzia Nyenze.

Francis Mwanzia Nyenze

Thank you, hon. Speaker. I rise to seek clarification on what is happening. Why would the invitation by the visiting President of the USA to meet an important Kenyan, like the CJ, raise eyebrows, yet it is a normal visit? Does it mean that every time the President of the USA visits Africa—

Hon. Speaker

The Leader of Minority Party, you cannot seek a clarification. Let the Statement be brought. I am sure that you will have an opportunity to discuss it. Hon. Members, you will recall that, yesterday, because of the nature of the business that was being transacted, hon. George Opondo Kaluma, who intended to move a Motion for Adjournment of the House to debate a matter of urgent national importance, was not able to do so.

Johnson Arthur Sakaja

On a point of order, hon. Deputy Speaker. I have not yet responded to the timeline given by the Leader of Majority Party. I would like to express my dissatisfaction because we need the answer before the CJ leaves for Senegal. The information should be readily available at the Office of the Chief Justice. So, we require it by tomorrow, if possible.

Hon. Speaker

Leader of Majority Party, would you like to respond to that one?

Aden Bare Duale

Hon. Speaker, for tomorrow, I have the Statement on Mr. Chinedu. I will issue the Statement on the CJ’s visit to Senegal and Dar es Salam on Tuesday. I thought the Leader of Minority Party was representing the CORD leadership, and not the American leadership.

June 26, 2013 PARLIAMENTARY DEBATES 17 (Laughter)Hon. Speaker

Yes, hon. Wambugu.

Clement Muchiri Wambugu

Hon. Speaker, I rise on a point of order, arising from the Statement I requested sometime last week. The Leader of the Majority Party yesterday advised the House that he would deliver the Statement this afternoon. The Statement is on the state of the Kenyans who were detained in Lagos, Nigeria, especially the crew members.

Hon. Speaker

Leader of the Majority Party, what is your comment?

Aden Bare Duale

Hon. Speaker, I promised to do it today but, due to very vital information that we received on the matter today, I inform my colleague and the House that I will do so tomorrow at 2.30 p.m.

Hon. Speaker

Yes, hon. Wambugu.

Clement Muchiri Wambugu

Thank you, hon. Speaker. As you are aware, this is a very serious and urgent matter. May I request that this be the last chance we are giving to the Leader of Majority Party to give us the Statement since we do not know how the Kenyans who are detained in that place are? We would like to know how they are. It is very urgent.

Hon. Speaker

Very well.

Aden Bare Duale

Hon. Speaker, the Kenyans being held in Nigeria are safe. They are under the care of the Kenyan High Commissioner, but I will give a comprehensive Statement, as sought by hon. Wambugu, tomorrow. When I say “tomorrow”, since I am part of the leadership of Jubilee, I mean tomorrow. So, do not doubt me.

Hon. Speaker

Yes, hon. Maitha Gideon Munga’ro.

Gideon Maitha

Hon. Speaker, I stand to seek your guidance on the matter of the CJ. It is a matter concerning the Judiciary, which is an independent arm of the Government. Is it supposed to be handled by the Leader of Majority Party or by the Departmental Committee on Justice and Legal Affairs?

Hon. Speaker

Let the Statement be brought. Once it has been read out, I will make a decision, depending on the content. Obviously, there are certain matters which may not be discussed here. You know that, as per the Standing Orders of this House; you may not discuss the conduct of the Chief Justice or that of any Judge, just as you may not discuss the conduct of your brethren and sisters who are based at the Kenyatta International Conference Centre (KICC). You may not do so without moving a substantive Motion.

(Several hon. Members stood up in their places)Hon. Speaker

Hon. Members, resume your seats. There is nothing that is out of order. We are now on the matter raised by hon. George Opondo Kaluma. Hon. Kaluma, maybe, you should revive your matter, so that we see if you have the requisite support.

Disclaimer

The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

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http://info.mzalendo.com/hansard/sitting/national_assembly/2013-07-03-14-30-00

July 7, 2013 Afternoon:

STATEMENTS

TRIP TO SENEGAL BY CHIEF JUSTICE TO MEET PRESIDENT OBAMA

Aden Bare Duale

Thank you, hon. Speaker, Sir. I have two Statements to make, one on security sought by the Member for Saboti, the hon. Wafula and the other by the hon. Johnson Sakaja. I will start with the one by hon. Johnson Sakaja on trip to Senegal by the Chief Justice to meet President Obama of the United States. This Statement is from the Judiciary and it is very brief. It says “The Hon. Chief Justice, Dr. Willy Mutunga, received an invitation from the Ambassador of the United States of America to Kenya to attend a meeting in Dakar

July 3, 2013 PARLIAMENTARY DEBATES 5 Senegal. The said meeting was graced by His Excellency President Barrack Obama and other Chief Justices from various African countries including Senegal, Malawi, Benin, Zambia, Cote d’ivoire, Botswana, Niger and Gabon as well as senior most judges from Ghana and Uganda. The visit was fully funded by the United States of America Embassy in Nairobi. The agenda of the said visit was to discuss the role of judiciaries in promoting democracy and devolution. The discussion appreciated the huge leap countries in Africa have made in the journey towards democracy from gaining political independence to entrenching multi-partism and the launch of constitutionalism”. Finally, and this is the Chief Justice himself and the Judiciary saying, “I am not privy to the identities of other Kenyan State officers who had been invited to meet the American President either in Senegal or in Tanzania. The discussions in Senegal bear no impact on the independency or otherwise of the Judiciary as per the Constitution”. I beg to table the report. (Hon. A.B. Duale laid the document on the Table)Johnson Arthur Sakaja

Hon. Speaker, first I would like to thank the Leader of the Majority Party for quickly seeking that Statement from the Judiciary. I wish to seek further clarification because the question which I had asked has not been answered. I had mentioned, as you all know, what our Constitution states in Article 160(1), that the Judiciary is supposed to be independent and conduct itself in a manner that shall not be subject to control or direction of any person, least of all, the President of another country that has pronounced itself on ongoing judicial processes in this country. The US Government had stated that the precise reason why the President was not visiting this country, in as much as we are not splitting hairs to the fact that he did not come, was because of an ongoing judicial process, namely, the ICC. So, how would his inviting the head of our Judiciary to meet him impact on the cases? Was he directing our chief justices around Africa on how to deal with such cases if they come before them? Secondly, our relationship with the President of America—

Paul Arati Simba

Yes!

Hon. Speaker

Hon. Sakaja, I want to warn hon. Simba. I have just read the rules of debate in the House. I will not allow you from your place to answer anybody. Please, if you want to ask a question, indicate. We are degenerating. You are the one who is answering him. You are saying that the Chief Justice was being directed. You are breaching the Standing Order No.87. You cannot discuss the conduct of the Chief Justice and that is why I have to pay attention because if anything comes close to that, I must stop anybody. The question he is asking is whether the Chief Justice was being directed and that is why I have to pay attention. So, if you pretend to be answering yes, you are now saying that the Chief Justice was being directed. That is out of order.

Johnson Arthur Sakaja

Hon. Speaker, secondly and as I was saying, the relationship between this country and the US, especially the relationship with the President of the US is a political relationship. The former Director of Communications for the former Prime Minister stated last weekend in an article “why would Barrack Obama talk to an African judge over the head or the President? A judge who attends such a forum panders to the

July 3, 2013 PARLIAMENTARY DEBATES 6 whims of a bloated international egotism”. The clarification that I seek is whether the US President followed the required protocol in inviting the Chief Justice of an independent country? Thirdly, in his remarks, and I have the speech that the President of the US read out in the meeting with the chief justices, which I will table and it is also available on the White House website, he alluded to the issue of helping to fund the Judiciary and expressed willingness to partner with our Judiciary and others in Africa to strengthen their independence. That in itself is an oxymoron. Our Constitution is clear in Article 174 in the manner in which the Judiciary is funded through the creation of the Judiciary Fund, whose Estimates are approved by this House and are a charge on the Consolidated Fund. The clarification that I seek from the Leader of Majority Party is whether this in itself is an interference with the independence of our Judiciary if we start trying to get funding or assistance from other States? I will quote what the President said in one sentence of his speech. He said: “On a basic level, judicial systems require funding to do their jobs”. He continued to say “In this meeting, I want to hear from you how we can be more helpful and encourage in building stronger judiciaries and systems of law around the continent. We want to work with partners across Africa to strengthen the independent judiciaries”. That is an oxymoron and goes against the issue of independence. Finally, we know and media reports have stated that when President Obama was in Senegal, he advocated for gay rights and called on African Governments to give gay people equal rights by de-criminalizing homosexual acts. In his remarks to the chief justices of the continent, he actually asked the media to walk out so that he could discuss such matters in private. I will read again his speech: “Thanks to all of you who have in some cases travelled from a very long way to be here. Of course, we know Kenya is far from Senegal, and with that, let me give the Press a moment to depart so that we can have a good conversation”. The question is: Which conversation is this? Is there an attempt to introduce gay rights or tolerance for gay issues in this country which is a very religious country? Is that a matter that is being supported by the Chief Justice or by the Judiciary? That is the clarification that I seek from the Leader of Majority Party. David Ouma Ochieng’

Hon. Speaker, I want to thank you for being keen on the clarification. In my legal mind, I do not think that the clarification that is being sought by the Member can be delivered without necessarily having to go into the conduct and to the performance of the functions of the Chief Justice. Secondly, you know the history of our current Chief Justice. When was being interviewed for the job, the issue of gay rights was a major issue. I do not think we can discuss or the Leader of Majority Party can clarify that without necessarily going into the conduct of the Chief Justice. I request your guidance on this matter.

Hon. Speaker

Everybody, including the Leader of Majority Party, is advised against discussing the conduct of the Chief Justice as a person.

Franklin Mithika Linturi

Hon. Speaker, I wish to seek further clarification from the Leader of Majority Party in regard to the discussions that were held in Senegal. If you allow me, I just want to read a paragraph of the Third Schedule of our Constitution on the oath of office that the Chief Justice took. It says that:- “(The Chief Justice/President of the Supreme Court, a Judge of the Supreme Court, a Judge of the Court of Appeal, a Judge of the High Court) do (swear in the name

July 3, 2013 PARLIAMENTARY DEBATES 7 of the Almighty God) (solemnly affirm) to diligently serve the people and the Republic of Kenya and to impartially do justice in accordance with this Constitution as by law established, and the laws and customs of the Republic, without any fear, favour, bias, affection, ill-will, prejudice or any political, religious or other influence”. This is the oath of office that the Chief Justice took. I want the Leader of Majority Party to clarify whether in terms of conduct or engagement in this particular meeting, the Chief Justice was in consistence with the oath of office that he took considering that the issues of protocol and a State officer becoming accountable to the people in terms of deliberations of this nature that touches on the country have not been brought to the public light.John Mbadi Ng’ong’o

Thank you, hon. Speaker. I think our rules of debate are very clear. Our Constitution is also very clear. The separation of powers between the Legislature and the Judiciary is respected. If you listened keenly, and I am sure you did, to the clarification sought by hon. Linturi it clearly discussed the conduct of the Chief Justice of the Republic of Kenya. Even though I did not know at what point the honeymoon between the Chief Justice and the Jubilee Government ended, I think rules of debate are rules of debate. If hon. Linturi wants us to debate the conduct of the Chief Justice – which we will be glad to do – why can he not be courageous enough and bring a substantive Motion here so that we do that? We will be glad to discuss the conduct and behavior in office of one Justice Willy Mutunga. He should not hide behind raising issues or seeking Statements which even the Leader of Majority Party cannot clarify. He has no capacity to clarify. It is only the Chief Justice who can clarify some of these issues. Hon. Speaker, I request that you rule that the matter that we are debating now is unprocedural and that we ask hon. Sakaja to put his perfect idea in a Motion so that we debate it.

Ken Obura Mirenga

Hon. Speaker, I also join my colleague hon. Mbadi in asking for your further guidance as to the issue that is being sought by my friend, hon. Sakaja. I think that other than the possibility of trying to sneak a discussion and debate on the conduct of the Chief Justice, the nominated Member is also trying to sneak a debate on the conduct of the President of a friendly nation. Hon. Mbadi, I do not think the honeymoon between Jubilee and the Chief Justice is over. I think they are just using the Chief Justice as a shield to discuss the President of a friendly nation. And this is a President who is the most powerful man on earth. Stop pretending there. Know that there was nothing wrong with this.

Hon. Speaker

Hon. Ken Obura, the point you are making, which is the same point hon. Ochieng and hon. Mbadi raised is, indeed— If you listened to the Statement as read from the Judiciary and the portion which was attributed by the Leader of Majority Party to have been written by the Chief Justice himself, I think it is quite general. If we start digging deep into some of those issues, we will be breaching our own Standing Orders. I have just ruled on this a while ago. So, to the extent that you are going to find out whether the Judiciary wants to get assistance— Of course even Parliament sometimes, I hear seeks assistance. You know Judiciary and the Legislature are part of the national Government. I will be making a Communication just now to expound on this issue. I do not see anything wrong if the Judiciary or the Legislature wish to engage with each other to seek whatever assistance.

July 3, 2013 PARLIAMENTARY DEBATES 8 However, if, indeed, what we are questioning is the conduct of the Chief Justice of the Republic of Kenya who is also the President of the Supreme Court, then I will not allow that one. Leader of Majority Party, to the extent that what you may have to clarify does not touch on the personal conduct of the Chief Justice, you may give further clarification. Aden Bare Duale

Hon. Speaker, I want to confirm that the Chief Justice went to Senegal in his private capacity. Secondly, that visit has no impact on the ongoing ICC cases. The cases are before the court in the Netherlands. The lawyers there are able. The Chief Justice’s visit has no relevance and no impact. It does not contravene Article 161 of the Constitution. On protocol, the Judiciary is an independent institution. The Chief Justice is not under anybody’s command. He does not get clearance from anybody when he wants to go and attend any function outside this country. On the issue of funding raised by hon. Sakaja, any institution even Parliament may seek funding, but again that funding will come through the national Treasury. There are procedures in Government. Even our county governments can go and seek funding, but the funding must come through the national Treasury and the office of the Solicitor- General. If the Chief Justice in his informal discussion wanted to get more funding, I hope not for the expansion of gay rights, but for other judicial functions, then that is good for our country. On gay rights, Kenyans spoke in 2010 when they passed the Constitution. Kenya is a God fearing nation. We have a culture and religion. We abhor gayism as a country. One of the issues that the American Government was sending across Africa was gay rights. If that, indeed, was the case then I am lucky at least that he did not come to Kenya. This is because Kenyans have shown categorically that they do not believe in those kinds of acts. It is in the Bible and the Quran that communities that went through that kind of behavior were destroyed by God. We stand with our bishops. With regard to hon. Linturi, I said that the Chief Justice went on a private mission and that does not contravene the oath of office as stipulated in the Third Schedule of our Constitution.

Hon. Speaker

Hon. Duale you have another Statement to issue. Please, finish first.

Aden Bare Duale

Hon. Speaker, I have two small related Statements on security. One is about insecurity in Saboti Constituency sought by hon. David Wekesa Wafula. The other one is about the insecurity in Mandera, Wajir and Turkana counties.

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ARTICLES AND INFORMATION REGARDING THE ICC (INTERNATIONAL CRIMINAL COURT) AND 2008 KENYAN ELECTION:

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http://blogs.aljazeera.com/blog/africa/obama-kenya-no-time-soon

President Uhuru Kenyatta and his deputy William Ruto election in March has caused tension between Kenya and the international community – the pair are facing charges at the International Criminal Court for crimes against humanity over post-election violence in 2008, which both deny.

In the run-up to the March election, US assistant secretary of State Johnnie Carson warned Kenyans against voting for them, saying “choices have consequences”. That infamous statement has now become quite the slogan in Kenya.

The United Kingdom also indicated that it would avoid all but essential contact with the pair.

And now the much talked-about “snub” by the US president. Debate on television, social media and radio is whether Barack Obama’s decision really matters.

To the people of Kogelo in Western Kenya it does, and on a more personal level. Kogelo is where Obama’s father was born.

The people of Kogelo celebrated his 2008 victory euphorically, and did not lose hope when chose Ghana and Egypt for his first brief visit to Africa.

This time however, they are more than disappointed. An elder summed it up for me: “Deep down we consider him ours, he should have come, even for an hour. We would have embraced him and given him the highest traditional honor,” he said.

But they also know that it’s more complicated than that.

Many understand that although Kenyatta and Ruto were democratically elected, leaders such as Obama will keep away from Kenya until the charges against Kenyatta and Ruto are resolved.

Even if Obama only visited Kogelo, the political backlash would not be worth the visit.

Kenya’s government is downplaying the significance of the “snub”. Its spokesman, Muthui Kariuki, told me that it does not mean that the relationship between Kenya and the US is shaky. In fact, it has never been better were his words – but of course, he’s a spin doctor.

Even if it is damaged, international relations expert David Kikaya argues that it is time Kenya fostered new alliances. Countries in Asia and eastern Europe have shown their interest in new relationships. China has made remarkable inroads, with Chinese contractors constructing most of new roads in Kenya and the country’s national broadcaster CCTV basing its Africa broadcast centre here. There are reports that President Kenyatta will soon be paying China a state visit.

China’s presence here cannot be downplayed.

But the same analyst argues that though moving east is a good strategic move, the government should be careful not to open up too quickly or too widely. It’s all about national interests and Kenya does not want to end up being the dumping ground for all of China’s substandard products. That is already happening with electronics, medicine and other goods.

He also warns that it might be unwise to turn too much to the east at the expense of the West. Britain’s historical interests in Kenya run deep, and they cannot be easily dislodged.

In Kogelo, I met Sera Obama, who is the US president’s grandmother. She’s an icon in this part of the world – everyone wants her to make appearances in their celebrations, fundraising events and funerals. This is what she told me: “My grandson is an American first, he is employed by the American people and what he does is in the interest of the the US.”

And that really is the crux of the matter. Right now it is not in the interest of the US to have the president visiting Kenya and until that matter of the International Criminal Court is cleared, that appears to be the way it will stay.

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