By Dikembe Disembe
Who is fooling who over Kitui coal contracts?
In an opinion piece which appeared in the standard Newspaper, Prof Makau Mutua, the distinguished dean at State University of New York at Buffalo Law school took on the elected leaders and professionals of Kitui County for being accomplices with the Chinese to commit ‘modern day highway robbery’ on the newly discovered swaths of coal deposits in the region.
“The contract was hurriedly signed. The locals were bamboozled because their elected leaders and professionals were party to the charade. I challenge the government to come clean. Put the contracts – because there are more than one – on a website so that the people who actually own the coal can read them. I guarantee this – they will be shocked. Then look folks in the eye and tell them how and why Fenxi Mining Group got the contracts. Who were they pitted against? What’s their record in other places where they’ve “invested”? How do they treat “locals”? What do they do with the waste and the land when the mining is gone and done with? Who cleans up the mess?”
However, on his (Prof’s) Face Book account; Law society of Kenya Chairman Eric Mutua, who headed the committee which signed the contracts, took issue with Prof’s opinion piece and Face Book comments, accusing Makau of engaging in ‘politics of China and the USA’.
Belowe is part of the conversation.
Makau Mutua: Eric, please provide the contracts and their addenda here on FB for public scrutiny. This is the politics of Kitui/Kenya versus China/Big Business. But all these things have a history. And you repeat history’s mistakes if you don’t learn from it. You are too smart to throw stones at me simply because I raised uncomfortable facts.
17 hours ago via mobile · Like · 1
Eric Mutua: You now agree that u have not read the documents yet in your article u discuss the contents. As a lawyer I need not remind u the need 2 have your facts correct before you comment on an issue. I did not hold any stone. I only challenged you on facts. For ur information the China/ USA issue has a history too.
17 hours ago via mobile · Like · 2
Makau Mutua: Eric, I didn’t say I never read the contracts. I simply asked that you make them public on FB. Is that too much to ask? Why hide them from the public? Address my questions and stop the attacks.
16 hours ago via mobile · Like · 4
Hassan George: wololo…..let me get some popcorn…
15 hours ago · Like
Eric Mutua: Can you read what you dont have? Why cant you share the documents on FB. As a don and a lawyer i expect you to be honest.
6 hours ago · Like · 1
Makau Mutua: Eric, you can run but you can’t hide. Why are you scared of posting the contracts? Are you afraid that Kitui residents and Kenyans will find out how you and the politicians have conned them? Come clean and provide the contracts to the people on FB or resign as LSK chair. Don’t the people deserve to see the contracts? You negotiated them. Now produce them pronto or expect your office to be besieged.
5 hours ago via mobile · Edited · Like
Eric Mutua: Those kind of outburst may have contributed to your being kicked out of Nation Newspaper. You give me reason to agree with some bloggers that you have indeed lost it.
5 hours ago · Like
Makau Mutua: Eric, aren’t the contracts the property of Kenyans? If so, why hide them? If the contracts are as good as you purport, then why not make them public and prove me wrong? On whose side are you? Are you protecting the people of Kitui or not? Whose interests are you protecting by hiding the contracts? You will damage the LSK immeasurably if you use your office to perpetuate a lie on Kenyans. The Kitui contracts are critical because if they are made public they will cause a revolt among Kenyans about Chinese deals in the country. Mark my words. Don’t let others lead you astray. Don’t carry water for folks you don’t understand. As you know, in 2012 Charity Ngilu and Kiema Kilonzo said that Fenxi Mining Group didn’t even exist. Kiema went with a delegation to China and stated that the company didn’t even have an office or run a single coal mine. Come clean brother before it’s too late.
5 hours ago via mobile · Edited · Like
Makau Mutua: Eric, wrong again. I wasn’t kicked out out of the Sunday Nation. I resigned of my own accord. They even asked me to stay but I insisted on leaving. Check you facts and you will get the confirmation from the editors.
5 hours ago via mobile · Edited · Like
Eric Mutua: It is only people like you who are still asking for the contracts. Any one with the real interest of the people has read the contracts. You are so out of touch with reality that you waste your energy thinking that those contracts are a secret. You may want to know that they were produced following a court action where i was a plaintiff. The REAL people of kitui were involved in the negotiations following the same court action. Wake up prof. What i expected from you as my senior is to write to me or call me and get the position of the matter before running to the papers. It is ironical that you now seem so desperate to read the contracts yet you lied to the country that you had seen it.
5 hours ago · Like
Makau Mutua: Eric, I am not your senior. I am your colleague. I asked that you make the contracts public, but apparently your masters won’t let you make them public. It’s your obligation to make the contracts public. That’s a responsibility you can’t duck. Either you will or you won’t. Then the people of Kitui and Kenya will draw their own conclusions. By the way, why is it your duty to protect the privacy of the contracts and speak on behalf of the investors and the government? Shouldn’t you want transparency? Aren’t you the people’s eye? Aren’t you the people’s advocate? If you can’t reveal what’s in the contracts, who will? Are you part of a cartel? Again, come clean.
4 hours ago via mobile · Edited · Like
Eric Mutua: Makau,People resign due to many reasons including demands by readers.
4 hours ago · Like
Makau Mutua: No brother. Check with the Nation. My departure was completely voluntary. BTW, I was the most popular columnist when I chose to leave.
4 hours ago via mobile · Like
Eric Mutua: If you were in Kenya you would not be asking those kind of questions. The contracts were made public. All the media houses have them including the standard Newspaper. Ask them before people confirm your state of mind. Between me and you who has the interest of the people at heart? Some of us know what you represent and don’t give us a reason to go public about it.
4 hours ago · Like
Makau Mutua: Personal attacks and innuendos should be beneath you. For the umpteenth time, post the contacts on FB.
4 hours ago via mobile · Like
Makau Mutua: Eric, please feel free to go public with anything about me. This isn’t about me. It’s about the Kitui coal contracts that have been given to the Chinese. Stay on the subject. No diversions or personal attacks. Post the documents here. Why is that so hard for you. It’s a click away.
4 hours ago via mobile · Like
Eric Mutua: Are you assessing yourself? You may want to know that the contract was made public long time ago. You woke up late. Ask any media house for a copy and you will get it. All that was courtesy of my efforts. There are no attacks but hard facts.You wrote that i colluded with the government, the investor and the leaders of Kitui county to con the people of kitui. Who is attacking who now.
4 hours ago · Like
Eric Mutua: You think you can around saying what you want to please Americans?
4 hours ago · Like
Makau Mutua: So you won’t post the contracts on FB? It’s no good that you gave the contracts to the press, if you in fact did. Put them on a public website unless you equate giving the contracts to the press with giving them to the public. Provide the contracts in social media. That’s where the people will read them by themselves without an intermediary. Why are you afraid of that?
4 hours ago via mobile · Edited · Like
Eric Mutua: Call any of your locals(assuming you have their numbers) & they will get you a copy. You have wasted my time following a document you should be having.
4 hours ago · Like
Makau Mutua: Besides, the people of Kenya should get the final SIGNED contracts on FB, not early drafts.
4 hours ago via mobile · Like
Eric Mutua: Makau,You will not lecture me what public means. Get out of your busy schedule to get a copy then share it. You can write as many articles as possible about me thinking that i will not be re-elected but your evil scheme will not succeed.
4 hours ago · Like · 1
Makau Mutua: Eric, actually I don’t oppose your re-election, if that’s your wish. I think you’ve done a good job as LSK Chair. I don’t know who your competitors are, but I would support you. We only differ on the Kitui coal contracts. Don’t drag me into LSK elections. That’s not why I raised the issue of the Kitui contracts.
4 hours ago via mobile · Edited · Like
Makau Mutua: But I will oppose your reelection if you don’t post the Kitui coal contracts on FB.
4 hours ago via mobile · Like
Eric Mutua: makau, i may not be a professor but am not stupid.
4 hours ago · Like
Makau Mutua: I never called you stupid. Never will. Not my style.
4 hours ago via mobile · Like
Eric Mutua: Makau, you are already opposed to it. Go ahead.
4 hours ago · Like
Makau Mutua: Save yourself and post the Kitui coal contracts on FB. Otherwise, you will regret it.
The duel continued, at some point, becoming a personalised war. But it seems there is more than meets the eye in the Kitui Coal contracts. To clear any doubts, Mr Eric Mutua, having signed the contracts, should produce them for public scrutiny.