Tuesday 15 October 2013

Former AP officer, eight others arrested over kidnapped twins


The 15-year-old twins who were abducted 11 days ago in Parklands, Nairobi were rescued safely on Monday night in Matasia, on the outskirts of the city.
Police said nine suspects were arrested including a former Administration Police officer, Joash Opiyo Jagero, who was interdicted following the Sh80 million G4S heist in 2010.
During the kidnapping, the former AP officer is said to have been in police uniform.
The gang had kidnapped the two children, both students at Ruiru’s Peponi School, and demanded a ransom of Sh86 million from the family.
The victims’ father is a hotelier. The family operates 11 hotels around East Africa, nine of which are in Kenya.
Head of Police's Flying Squad unit Munga Nyale said the suspects would appear in court Tuesday.
The captors were arrested at around 11 pm in Rongai, at the house of their ring leader Steve Oduko.
ESCORTED FRAUDSTERS
The former AP officer was in 2010 accused of escorting the fraudsters who posed as G4S staff and stole Sh80 million from Co-operative Bank.
Mr Jagero admitted giving out his official uniform and firearm to a colleague, but denied involvement in the actual robbery.
He was later charged alongside Cyrus Murigi Kihoro, an ATM manager, Mr Zakaria Wanyama, a Reconciliation manager, Mr Philip Nashon Aroko, a taxi operator and Mr Samuel Mulla Omullo.
The abduction of the twins comes only a month after the police in Nairobi released a report that the county has up to 14 organised criminal gangs involved in kidnappings.
Most of these gangs operate in informal settlements where policing is poor, according to the report done by The National Crime Research Centre.
On Monday, four other suspects were arraigned in court to answer charges of kidnapping.
The four –Albert Indumba Jirongo, Simeon Mokamba Nyambane, Bernard Waiti Gakuu and Peter Njoroge Ngugi –appeared before Nairobi acting Senior Principal Magistrate (SPM) Ellena Nderitu.

Ruto to address the press on ICC

Deputy President William Ruto arrives at The Hague, Netherlands on October 14,2013 for resumption of his trial at the International Criminal Court.


Kenya's Deputy President William Ruto is expected to address an international press conference at The Hague over the recent AU resolution that asked him and President Uhuru Kenyatta to skip the ICC trials.
The press conference will take place at Movenpick hotel, a short distance from the ICC building in Voorburg at 13.30 Dutch time (2:15 pm Kenyan time)
The testimony-in-chief of the third witness in the case against the deputy president entered the second day, though most of the morning session has been in private, meaning those in the public gallery can see what is going on inside the courtroom but cannot hear the testimony.
The witness is under the chamber's protection that also includes image and voice distortions and use of pseudonyms.

Court to rule on Walter Barasa’s case Friday


High Court Judge Richard Muongo Tuesday extended Walter Barasa’s interim 24-hour security until Friday October 18 when the ruling on his case will be made.
The ruling will highlight how the case before the court will proceed.
Barasa is wanted by the International Criminal Court (ICC) for allegedly intefereing with witnesses.
A warant of arrest had been issued on him by The Hague-based court but he moved to court to challenge the extradition order.
Activist Okiya Omtatah and Victims representative at the ICC Alfred Nderitu’s  application to be enjoined in the case were approved but John Mbugua’ s similar request is yet to be deciede upon.

Thursday 10 October 2013

State bans transportation of vegetables, fruits in open trucks


The Ministry of Health has outlawed the transportation of vegetables and fruits in open trucks across the country with immediate effect.
The ministry noted that the unhygienic transportation was exposing the produce to contamination by bacteria and heavy metals.According to the Chief Public Health officer Kepha Ombacho, recent studies had established the presence of lead in un-hygienically transported vegetables.Ombacho noted that the move to transport the food items in open picks up posed a major threat to consumers.“This unhygienic transportation exposes the food to contamination with microbial chemical hazards such as bacteria and heavy metals,” he said.
He noted that the law required that food should be protected from external contaminants during transport by making sure that the vehicles were completely covered.
The health officer noted that the covers were meant to protect the food items from dust, exhaust fumes and weather elements during transport.
He directed county officers of health to scale up surveillance by making sure that the transporters followed the law for the safety of the consumers.
“The protection and assurance of the safety of the consumer and general public is paramount to the ministry,” he said.
Nakuru County health officer Samuel King’ori said that they would be working with traffic police to address the problem.
Speaking in his office, King’ori said that they would educate the public and transporters on the need to observe the law.
“We shall liaise with the traffic police officers in dealing with this problem across the whole county,” he said.
King’ori pointed out to smoke emitted by vehicles as the most serious terming this as a severe health hazard that needed urgent action.
He confirmed that studies had indicated a high presence of lead metal in the produce that were transported in open trucks that were emitting smoke.“We are committed to dealing with this problem and we ask various stakeholders to work with us for the safety of the consumers,” he said.He said that the county bordered Nyandarua which was a major source of vegetables adding that they would engage transporters in safety mode of transport.

20 Members of Parliament attack Annan over ICC pull out

The MPs, in outburst, accused Annan whom they termed a foreign in the African continent of being behind the woes facing leaders who are currently facing trial at the ICC.
"Annan is the initiator and owner of the ICC project from the onset. The Rome statute was signed in 1998 when he was the UN Secretary General and it is him who handed over the list to the ICC,” Leader of majority Aden Duale said.
He told journalists at parliaments buildings that; “What he began as a Secretary General is what he came to implement here.”
“It’s no surprise that Koffi Annan is sentimental about ICC. First he took Kenya to the court after holding on to the envelop whose contents only a select few knew. Two, the court was set up during his tenure as secretary general of the UN.”
Over 20 MPs mainly from Jubilee alliance flanked Duale at the press conference in parliament that was attended by two Cord MPS; Victor Munyaka and Joseph Nkaissery.
The MPs, who accused ICC of only targeting Africans, also dismissed Annan just like Foreign Affairs Cabinet Secretary Amina Mohamed who said Annan is not even a citizen of the continent.
“He (Annan) left his home country of Ghana 35 years ago. Annan is only black in skin colour but European  in his heart,” Duale said in reference to the former UN boss who helped mid wife Kenya’s signing to the national Accord during the 2007/08 post-election violence that helped in ending up wanton killings and restore peace to the country.
He however, was non-committal on whether President Uhuru Kenyatta will travel to ICC or not saying; “ask me that question on the 11th of November.” The criminal trial against Uhuru is expected to begin on the 12th of November.
During the meeting, the MPs vowed to push on with a bill that seeks to repeal the international crimes act, to end the country’s pact with ICC.
“The pact with ICC is not a pact with God but it was done by men and women and there is nothing that will prevent us from passing the law in the house, Duale said adding that the bill will be tabled in the house within a fortnight from Thursday.

Sh300bn loss linked to fraud


Extravagance, fraud and long outstanding balances in government expenditures are among key issues that led to the loss of billions of shillings during last year’s financial year, a report by the Auditor-General reveals.
The report was tabled before a special session in the National Assembly on Tuesday and revealed that a third of the government’s expenditures could not be accounted for due to unsupported evidence.
State House, for instance, used over Sh145 million for fuel, oil and lubricants, while over Sh1 million paid subsistence allowances to State House staff.
MOTOR VEHICLES
State House also used over Sh44 million in buying and repairing motor vehicles.
According to Auditor-General Edward Ouko, the Sh13,574,804 used in the repair of vehicles should have been charged under Routine Maintenance of motor vehicles and other transport equipment.
“No explanation has been given for the unauthorised reallocation of funds,” the report reads.
The report also reveals that expenditure totalling Sh131,066,524 out of Sh181,250,065 incurred on Other Expenses could not be confirmed due to absence of vouchers and inadequate documentation such as supplier’s invoices.
The report also revealed that State House had long outstanding debit and credit balances totalling Sh48,007,208 and Sh61,116,860 respectively.
“No explanation has been provided for failure to clear the long outstanding balances from the department’s records,” the report said.
About Sh4 million could not be accounted for during the construction and refurbishment of State lodges and State House buildings in Nairobi and Mombasa.
In the Ministry of Foreign Affairs, bills amounting to more than Sh79 million were not paid during the financial year 2011/2012 and were instead carried forward to 2012/2013.
“Had these bills been paid and the expenditure charged to the accounts of 2011/2012, the Appropriation account would have recorded a reduced net surplus of Sh122,283,888.45 instead of an amount of Sh201,357,341.35 now shown,” the report read.

MPs question value of Uhuru Kenyatta's China trip

Opposition MPs last evening questioned the value of the trip to China by President Uhuru Kenyatta in August as it emerged that the grants and loans from the Chinese to the Kenyan government amount to Sh16.02 billion.
When he was on the trip, the President’s communication unit announced that Kenya signed agreements worth Sh425 billion; Sh340 billion for economic partnerships, wildlife protection and the standard gauge railway project and Sh85 billion for energy-related projects.
On Wednesday, Majority Leader Aden Dualle told MPs that on the trip to the Far East, President Kenyatta secured a grant, a loan and a concessional loan worth a total Sh16.02 billion.
“There were huge investments that went between the Kenyan private sector and the financial institutions in China. There were many outgoing projects funded by many Chinese banks and the government but I want to confirm for you that the Jubilee government does not make a trip for 15 billion,” said Mr Dualle.
“What was reported was what was value to the Kenyan people; five billion dollars. It’s not the 15 billion.”
Saying the deals would be brought to Parliament for approval, Mr Dualle cited the construction of the railway line as an example of a project that would be funded under a Private-Public Partnership agreement.
This is the first time the value of the trip to China is being questioned in the National Assembly. The Energy Committee has also queried the circumstances in which a memorandum of understanding promised a Chinese firm rights to drill for geothermal power.
Of the funds to the government directly, the first is a grant of Sh1.42 billion, which will be used to fund a project to be agreed upon between the two governments’ finance ministers.
The second is an interest-free loan of Sh2.8 billion to be given within five years from September 1 this year and which would be used to fund technical and economic cooperation projects to be agreed upon between the two governments.
Parliament would be notified once the projects are identified by the two governments, said Mr Dualle.
The Majority Leader said the loan would be paid at the rate of one tenth over 10 years from September 1, 2023 to August 31, 2033.
China will also provide Kenya with a concessional loan for Sh11.8 billion to be used on Nairobi City Centre Extra High Voltage and the 66KV network upgrade and reinforcement project.
Projects would be appraised by the Chinese Export-Import Bank, which would also supervise the use of the loan. The agreement for the loan would remain valid for three years after it is signed.
It would be declared invalid if the two governments fail to agree.
But led by MPs Chris Wamalwa (Kiminini, Ford-Kenya), John Mbadi (Suba, ODM) and James Rege (Karachuonyo, ODM), they wondered whether that amount was worth it given the large delegation President Kenyatta travelled with.
“We don’t want to mortgage our children and our future generations,” said Mr Wamalwa, who had asked for the statement. “In our role as the National Assembly, we wanted to know this for the purposes of planning.”
Mr Wamalwa was wary that the Chinese could have provided that money with the condition that the projects would be carried out by Chinese firms, which is rather common and without competitive bidding.
John Mbadi wanted the statement from the President’s spokesman clarified because it created the impression that either Mr Dualle was lying or that “the communication was aimed at the West so that they don’t push the ICC issue.”
“I really doubt if you can go to China, stay for all those days only to negotiate for Sh15 billion to be advanced in five years, really, for a country like Kenya. That should be a personal loan of John Mbadi or Homa Bay County,” said Mr Mbadi.
Richard Onyonka (Kitutu Chache South, ODM) struck a more conciliatory note; saying that for a president to go to another country and get even Sh1 billion, it was commendable.
He asked whether there was an agreement to have 250,000 Chinese come to Kenya, but Mr Dualle told him that wasn’t true.
Under pressure from the MPs, Mr Dualle said Mr Wamalwa’s question only touched on grants and loans.

Joseph ole Lenku introduces new security plan

The government is working on new community policing to curb runaway insecurity, Interior Cabinet Secretary Joseph ole Lenku said on Wednesday.
Mr Lenku said this would be the Nyumba Kumi (household cluster system) practised in neighbouring Tanzania. (VIDEO: Govt turns to clustered homes plan)
Under Nyumba Kumi, each Tanzanian is required to know people living in 10 houses around them and what they do for a living. It was established by Tanzania’s founding President, Julius Nyerere.
Mr Lenku has, therefore, asked all county commissioners to start implementing it.
On Monday, he said that this would help step up security and assist in smoking out criminals, including terrorists.
Mr Lenku told security chiefs to ensure the current system of villages under a village elder is restructured into 10 household units, with a clear leadership that will be responsible for the security of the households.
“As regional coordinators and county commissioners, you should urgently mobilise and sensitise your grassroots staff to immediately embark on the implementation of the concept as a strategy to enhance security,” he said in Nairobi.
“The concept will be rolled out in both rural and urban areas with the aim of encouraging Kenyans to know their neighbours.”
In Tanzania, each village elder is required to know people in 10 houses around them and what they do. In this arrangement, families are required to provide information on their visitors, where they came from and their stay period.
The system makes it easy for residents to know each other.

Libyan govt says Prime Minister Ali Zeidan kidnapped

Libyan Prime Minister Ali Zeidan was kidnapped from his Tripoli hotel at dawn on Thursday by armed men and taken to an unknown location, the government and sources said.
The abduction comes five days after US commandos embarrassed and angered Libya's government by capturing senior Al-Qaeda suspect Abu Anas al-Libi off the streets of Tripoli and whisked him away to a warship.
"The head of the transitional government, Ali Zeidan, was taken to an unknown destination for unknown reasons by a group" of men believed to be former rebels, the government said in a brief statement on its website.
A source in the premier's office said Zeidan had been kidnapped from Tripoli's Corinthia Hotel, where he resides.
"A large number of armed men entered the place very early on Thursday. But we did not know what was happening," a hotel employee told AFP, speaking on condition of anonymity.
Contacted by AFP, Justice Minister Salah al-Marghani confirmed the information but gave no further details.
Two years after the revolution that toppled dictator Muammar Gaddafi, the country's new authorities are struggling to rein in tribal militias and groups of former rebels who spearheaded the uprising.
The government statement said it suspected two groups of ex-rebels, the Chamber of Revolutionaries and the Brigade for the Fight against Crime, which in principle fall under the defence and interior ministries, of being behind the abduction.
The cabinet and the General National Congress, Libya's top political authority, were dealing with the situation, the statement said, while calling on citizens to remain calm.
US State Department spokeswoman Jennifer Psaki, travelling with Secretary of State John Kerry in Brunei, said on Thursday Washington was seeking more information.
"We are looking into these reports and we are in close touch with senior US and Libyan officials on the ground," she told reporters.
"We are working to determine more details. Our embassy staff is safe in Tripoli. We have no further details at this time."
Zeidan, who was named prime minister a year ago, had on Tuesday condemned the US raid and insisted that all Libyans should be tried on home soil.
The General National Congress has demanded that Washington "immediately" hand back Libi, claiming his capture was a flagrant violation of the country's sovereignty.
Libi -- real name Nazih Abdul Hamed al-Raghie -- was on the FBI's most wanted list with a $5-million (3.7-million-euro) bounty on his head for his alleged role in the 1998 twin bombings of two US embassies in East Africa.
He is reportedly being held aboard a US Navy ship in the Mediterranean.
US President Barack Obama said on Tuesday Libi was involved in plots that killed hundreds of people and will be brought to justice.
Vowing that America will continue to hunt down regional terror groups, Obama said Libi "helped plan and execute plots that killed hundreds of people, a whole lot of Americans. We have strong evidence of that. And he will be brought to justice."
Many Libyans blame political rivalries for the problems plaguing a country awash with militias and weaponry left over from the 2011 revolution that toppled Gaddafi.
Public anger is growing as widespread violence including political assassinations proliferates -- particularly in the east of the country.

16 by-elections to be held in December: IEBC

The Independent Electoral and Boundaries Commission (IEBC) on Thursday announced that by-elections for seats that fell vacant following successful election petitions will be held in December.
In a statement, IEBC announced that the by-election for Bungoma County Senate seat that fell vacant after the High Court nullified Mr Moses Wetang'ula’s election, will be held on December 19.
Bomachoge Borabu and Nyaribari Chache parliamentary by–elections will also be held on the same date. Polls will also be held in 11 County Assembly Wards on December 19.
“The party primaries will be held on Monday November 4, 2013 while the IEBC nominations take place on Tuesday, November 26, 2013 and Wednesday, 27 November 2013,” IEBC stated.
The Lamu County Gubernatorial and Lungalunga Constituency Parliamentary by-elections will be held on December 2, 2013.
Party primaries for the two areas will be held on October 18 and candidates will present their nominations to the IEBC on November 9 and 10, 2013.
The courts nullified 19 elections which include that of two Governors (Siaya and Lamu Counties), one Senator (Bungoma County), six Members of the National Assembly (Matungulu, Kibwezi West,
Bomachoge Borabu, Nyaribari Chache, Bonchari and Lungalunga Constituencies) and nine County Assembly Ward Representatives.
A petition challenging the nomination of two persons with disabilities to the Senate was also allowed.

Govt announces plan to restore Westgate Mall

The government has announced plans to restore Westgate Mall and support traders to re-establish their businesses.
East African Affairs, Commerce and Tourism Cabinet secretary Ms Phyllis Kandie said her ministry has started plans for rapid restoration of the mall following the terrorist attack a fortnight ago.
She said her ministry would establish a team comprising Westgate Mall stakeholders to consider and advise on specific measures that government and other parties would jointly take to restore the mall.
The proposed committee will also identify the immediate actions by the Government to safeguard on possible loss of more than 2000 direct jobs resulting from the terrorism attack.
Ms Kandie was speaking at her office when she chaired an inter-ministries consultative forum comprising Westgate tenants and related stakeholders.
The meeting sought to explore ways and means of mitigating economic losses arising from the closure of the mall.
“Through this partnership, we shall be further seeking to ensure the overall national economic resilience following the tragic events by reducing levels of business collapse, investor apathy and job losses,” Ms Kandie said.
Prior to the attack, the Westgate Mall was supporting an economic ecosystem, valued at more than Sh100 billion annually.

Wednesday 9 October 2013

Govt to spend Sh500m for Kenya@50 on 'legacy' projects


The government now plans to spend the Sh500 million set aside for jubilee celebrations on long-term projects.
The Kenya @50 Secretariat said it would focus on “legacy projects” including a paediatric unit at Kenya National Hospital and rehabilitation of Mathari Mental hospital.
These, the secretariat noted, would remain etched in the minds of Kenyans other than spending the money on short-life engagements.
The secretariat’s chairman, Dr Ali Wario, the Cabinet Secretary for Sports, Arts and Culture, Wednesday said they were not going to use the money on one-day projects but those that would obtain good legacies.
“This is not going to be a one-day party. We want to ensure what we do carry good legacies for ages to come. We are really opening up our minds now and looking at those things we think are really important to all of us,” Dr Wario said.
The change in plan follows the controversy that emerged after it was revealed that a committee had planned to use over Sh2 billion most on small issues such as identifying heroes who were to be recognised.
Dr Wario also said the committee was no longer interested much on the millions of money to be spent but on the vitality of what they plan to do.
UHURU PARK MONUMENT
Other projects in the pipeline include a Kenya@50 monument to be put up at Uhuru Park in addition to planting at least 50 million trees across the country. A number of students will also receive study scholarships.
The country’s border points will also be rebranded with messages capturing the 50 years of independence.
On the midnight of December 11, a day to Jamhuri Day, a team from the secretariat will hoist Kenya’s flag at Uhuru Park to mark the jubilee celebrations.
“We want to make sure that in several years to come Kenyans will be able to relate with what we have done” added the Cabinet Secretary during a media briefing at Serena Hotel.
The secretariat also said it had received many suggestions from Kenyans on what should be considered after the government agreed to put aside Sh500 million for the jubilee activities.
Initially a committee chaired by Interior Principal Secretary Mutea Iringo proposed a budget of Sh2.5 billion for the celebrations that showed lavish spending on activities and projects such as billboards, statues and entertainment as the country marks its golden jubilee in the second week of December this year.
However, President Kenyatta later dissolved the committee saying the team was "out of touch" with the prevailing financial mood in government that called for frugal use of resources following a public outcry over the planned extravagant spending.

Wapi Wapi win KSh 5 million Orange Beat Ya Street prize money


Wapi Wapi, are the Orange Beat Ya Street (OBYS) Dance Competition 2013 champions. The winning dance crew was announced by the CEO of integrated telecommunications solutions provider Orange, Mickael Ghossein, during the dance competition’s finale broadcast on tv Saturday night.
Wapi Wapi walked away with KSh 5 million in prize money, the biggest prize in Kenya’s dance competition history. The crew will also have a chance to participate in an international beat battle in 2014.
The finale had eight finalists: Wapi Wapi and FBI from Nairobi, Dabs and Tsunami from Mombasa, So Sick from Kisumu as well as Sisqo, Kipaji Africa and Radio Active from Thika.
The announcement of the winning crew was the culmination of a 3 month dance competition launched on June 27 this year, broken down into regional legs: Nairobi, Mombasa, Kisumu and Thika, that resulted in the best making it to the finale via these elimination rounds.
“Apart from developing an experiential property that brought to life the Orange brand to better engage with its youthful customers, this competition also acted as that opportune platform for home grown talent to make a mark on the local dance scene,” says Orange CEO Mickael Ghossein.
Orange Beat Ya Street was the second phase of the company’s ‘Opportunity Changes with Orange’ Internet themed campaign. Kenyan javelin thrower, Julius Yego, personified the first phase of the campaign, demonstrating a great Kenyan story of opportunity enhanced by the Internet.

Court blocks Nairobi parking fee increase

Justice George Odunga ruled that an application lodged by 26 matatu Saccos through Lawyer Harrison Kinyanjui, had an arguable case.
The operators have sued the County of Nairobi, Nairobi City County Board and the Attorney General for seeking to effect an irregular Sh300 parking fee.
They argue that they have not been duly notified of the existence of the proposed increment and were not involved in determining an issue that directly affects them.
If the increase was effected, parking in the Nairobi Central Business District would have gone up from Sh140 a day to Sh300.
The case will be heard on October 29.

Two killed in plane crash near Wilson Airport


Two people were killed on Wednesday after a light aircraft crashed shortly after take-off from Wilson Airport, Nairobi.
Police say the aircraft crashed inside the Nairobi National Park shortly after 9am and those who died are an instructor and a trainee.
Police said the aircraft, belonging to Skylink Aviation, crashed three minutes after take-off after developing a mechanical problem.
Scene of crime experts from the police and Air Accident Investigation Unit are at the scene.
Several people have been killed in plane crashes in the country this year.
In July this year, three people were killed when an aircraft crashed at the Aberdare Mountains. The aircrafts pilot and his two passengers died on the spot.
They had left Lentille airstrip in Laikipia and was expected to land at the Wilson airport at 5.25pm.
It however went missing at around 5pm. The wreckage of the Cessna 206, registration number 5Y BUG, was later found by the Kenya Wildlife Service personal who were using a helicopter.
In February this year, the director of the Laikipia Wildlife Forum Trust Fund Dr Anthony King who was piloting an aircraft was killed alongside a Canadian journalist when the plane crashed in Mount Kenya forest near Lake Mickleson.

Shock as worker discovers three rifles and 80 bullets near golf club in Nairobi


A worker was shocked when he discovered three AK 47 rifles and more than 80 bullets hidden in a bush near a popular golf club in Nairobi’s Karen area.
The rifles with 87 bullets were discovered on Tuesday evening by a worker at the golf club hidden in the bush while covered with clothes and a bag.Police say they are yet to know the owners of the luggage believed to have hidden them there after using them in unknown incident.Langata head of CID James Manuni said the weapons were found near the Karen Golf and Country Club.Manuni said they are yet to know the owners of the illegal weapons.“We have sent the weapons for ballistic tests and hope to know where they were used and source,” said Manuni.
He said two of the rifles had a magazine loaded with 30 bullets each while one had 27 an indication the gunmen had spent three.
Manuni said the worker was slashing at the farm when discovered the weapons.
Police say they have commenced investigations into the recovery.
It is believed the guns had been used in a series of robberies in the city but police say they are investigating.
Authorities say there are between 550,000 to 680,000 small arms and light weapons in the wrong hands in the country.
Director of the Kenya Focal Point on Small Arms and Light Weapons Engineer Patrick Ochieng says these guns account for between 70 and 90 percent of crime committed in Kenya.
He urged the government to take the matter seriously as security is a key incentive in fast-tracking national development and attainment of peace.
“Security is a key incentive for attracting investment both from within and outside the country and the earlier we tackle insecurity in the country the better for our economic growth,” said Ochieng at a meeting of senior security officials in Nairobi. He appealed to the government to urgently approve the national policy in small arms that was developed in 2008 but has not been approved to date.

Authority opposes plan to disband it

The Transition Authority on Tuesday opposed plans to replace it with a committee as doing so would delay the transfer of government functions to counties.
The proposal to replace the authority with a committee is contained in the Miscellaneous (Amendment) Bill, 2013 which is yet to be discussed by Parliament.
According to the Bill, “the Authority shall stand dissolved upon the establishment of the Intergovernmental Relations Committee established under the Intergovernmental Relations Act.”
The committee will act as a link between the 47 counties and the national government.
However, the TA team has said the change will distract plans already in place to ensure functions are successfully and quickly transferred.
“This (proposal) just came like lightning to us. We did not expect such a thing to happen now as we are in a crucial stage in ensuring devolution succeeds,” TA chairman Kinuthia Wamwangi told the Nation by phone on Tuesday.
He said that he did not understand the motive of the proposed law, adding that the devolution agency was not informed of the Bill before it was drafted.
Devolution and Planning Cabinet Secretary Anne Waiguru has said that the intention of creating the committee is to establish a permanent institution with representation from the national government and the counties.
DECENTRALISATION
The Transition Authority is now in phase two of transferring functions as required by the law.
Currently, the officials are conducting an analysis of parastatals to identify those that require decentralisation. This may be disrupted if the authority is replaced by a committee as proposed by the Bill drafted by the Attorney-General.
The Authority has also been auditing the former county councils to ascertain their assets and liabilities before they are fully transferred to the county governments.
The Constitution suggests the establishment of a mechanism for a smooth transition into the new system, but it does not specifically name the body to carry out the activities.
The Tenth Parliament passed the Transition Act, paving the way for the formation of the Authority last year in June.
The Intergovernmental Relations Bill provides a framework for consultation and cooperation between the national government and county governments and among the county governments.
The proposed amendments do not state the fate of officials seconded to the Authority. Apart from the chairman, the Authority has eight other members.

Sh338 billion of last Budget unaccounted for, report shows


Over Sh338 billion of the total government expenditure for 2011/2012 was unaccounted for even as the State struggles to raise fresh revenue through new measures like VAT.
Only 6 per cent of the Sh920 billion that the government spent (Sh55.2 billion) was fully accounted for, according to a new report released by the Auditor General Tuesday.The damning report indicates that a further Sh561 billion lacked adequate supporting documents, highlighting the shocking loopholes that lead to the misuse of government funds.Auditor-General Edward Ouko said about a third of the 252 financial statements of institutions he audited were either deliberately misstated or revealed fraudulent expenditure.
“We were very frustrated by their deliberate efforts to deny us information,” Mr Ouko said, referring to the accounting officers’ failure to provide documents to support their expenses.Other expenditures were not authorised, he added.The massive loss of government funds brings into focus a cash-strained government that is struggling to meet its most basic obligations including healthcare, food security and salaries for its workers. In the current year, for instance, the government widened the 16 per cent VAT net to cover a host of consumer products in a bid to raise additional revenue, which saw the price of basic commodities skyrocket.
Mr Ouko identified malpractices in government as absence of proof of payment, over-expenditure, unpaid bills and unaccounted for imprests by government employees.
Five government ministries spent Sh7 billion without parliamentary approval under recurrent expenditure. This is 20 times more compared to the figure recorded in the 2010/2011 financial year.
The Ministry of Education once again found itself under the spotlight of irregular spending after spending Sh5.5 billion on the free primary and secondary school programmes without parliamentary approval.
Plagued by scandals

The ministry has been plagued by scandals particularly since the introduction of free primary education in 2003.
The Ministry of Justice National Cohesion and Constitutional Affairs spent Sh1.1 billion while the Teachers Service Commission spent Sh403 billion without consulting Parliament.
In addition to this, ministries and departments did not settle bills amounting to Sh4.4 billion, forcing tax payers to shoulder this burden in the 2012/2013 financial year.Michael Otieno, the governance advisor at the National Taxpayers Association, said the long and unregulated procurement process in the government was opening loopholes for theft of funds.“Most of the government expenditure occurs at the end of the financial year when departments rush to finish their allocations, and this is where the bulk of the leakages happen,” Otieno said.
He proposes that public expenditure plans should be executed on a quarterly basis to avoid heaping the spend on the end of the financial year.
“We hope that the leakages will be investigated by the Ethics and Anti-Corruption Commission to ensure taxpayers start getting value,” Otieno said.
The department of provincial administration and internal security did not settle bills amounting to about Sh1.6 billion but instead carried forward such bills to 2012/2013.
The Ministry of Public Works had not settled an amount of over Sh960 million, revealing a lacklustre attitude towards accounting, and mismanagement of the tax payer’s money.
The Ministry of Special Programmes had over Sh538 billion carried forward to the next year under recurrent votes. Others in this list include the Department of Medical Services, and the Ministry of Immigration and Registration of Persons.
An expenditure of Sh5.2 billion was unaccounted for as several ministries and departments failed to provide documentary evidence for their expenditures. The Ministry of Public Health and Sanitation topped the list, failing to account for close to Sh2 billion of its expenditure.
The ministries for Special Programmes and Justice, National Cohesion and Constitutional Affairs registered an equally dismal performance, failing to account for Sh709 million and Sh697million respectively.
An amount of over Sh2.1 billion was revealed as imprests or advances of loans which ought to have been recovered or accounted for on or before June 30, 2012. The Ministry of Agriculture had total outstanding imprests of over Sh773 million; the Ministry of Finance had an advance of Sh490 million while the Ministry of Public Funds had over Sh490 million unaccounted for.
Extensive investigation

The audit report comes after one year of extensive investigation and assessment into the expenditure accounts of government ministries and departments.
The Auditor General said many ministries failed to adequately disclose their spending, had unclear balances reflected in the statement of assets and liabilities and failed to produce their trial balance as at June 30, 2012. They excluded expenditure from the appropriations accounts and issued un-reconciled or unsupported balances, he said.
Book-keeping errors and unexplained balances noted in the financial statements were other issues revealing loopholes in the accounting process.
 “There is weak and inadequate maintenance of accounting records observed across a number of ministries and departments during the year. Material receipts and payments were not reflected in the cash books,” Ouko said.
Mr Ouko said the way ministries were preparing their accounts did not show “a complete and true view” of their assets and liabilities. He said this made it hard to determine the government’s net worth.
The auditor-general recommended that the government adopt either the Accrual or Modified Accrual Basis of International Public Sector Accounting Standard (IPSAS) to make accounting of public funds clear and precise.
The chairman of the Institute of Certified Public Accountants of Kenya (ICPAK), Mr Benson Okundi, says the loss of government funds “is quite abnormal in any scenario because all expenditure should have all the supporting evidence showing that it was incurred and used for intended purposes, to create value for the taxpayers.”
PIC Chairman Adan Keynan put the blame on the Coalition government. “This is a reflection of just how much people benefitted from the Coalition government, but we as the PIC are going to interrogate this spending and institute criminal proceeding where we find officers culpable,” he said.

Unlisted Sims link in Westgate raid

Some of the suspects behind the Westgate attack covered their trails by using unregistered telephone SIM cards, according to joint investigations by security agents.
The investigations have revealed that although those who masterminded the attack communicated locally and internationally, none of their Sim cards were registered as required by law. More than 70 people were killed when terrorists attacked the Westgate Mall in Westlands.
Mobile phone companies had been given until the end of March to ensure that there were no unregistered Subscriber Identification Module (SIM) cards operating on their networks, but preliminary investigations show that about 100 lines were successfully used by the terrorists without being registered.
This prompted the summoning of CEOs of the four mobile phone operators, who were questioned over the anomaly. The CEOs maintained that their companies had complied with the law.
However, Inspector-General of Police David Kimaiyo said the telephone numbers linked to terrorists were not registered.
Once the investigations are completed, he warned, those found culpable would be prosecuted.
On Tuesday, Safaricom CEO Bob Collymore was summoned to the Directorate of Criminal Investigations headquarters in Nairobi and left without addressing the media. However, he headed for the Norfolk Hotel where he and three other telco bosses issued a joint press statement.
The managing director of Bharti Airtel Kenya, Mr Shivan Bhargava, also reported to the Makadara CID director, Mr William Nangulu, for interrogation.
Mr Nangulu said the MD had been summoned over SIM card registration. Mr Bhargava was accompanied by two company lawyers.
LINES ARE NOT ACTIVE
Orange Kenya CEO Mickael Ghossein reported to the DCIO Kilimani where he recorded his statement, while Mr Madhur Taneja, CEO of the Essar Kenya, the company that operates yu, recorded a statement at Parklands CID offices.
At the press conference, Mr Taneja said unregistered lines are not active under the yuMobile network.
And Mr Collymore said: “We have disconnected nearly four million SIM cards since February this year.” He said that in their statements, they confirmed that they strictly adhere to CCK regulations.
While reading a joint statement on behalf of the company bosses, Safaricom corporate affairs director Nzioka Waita said they were “extremely displeasured” by the manner the issue was handled.
On Monday, the police and the ICT Cabinet Secretary warned that the four chief executives risked arrest over the sale of pre-activated SIM cards.
TERRORIST ACTIVITIES
Some of the companies’ agents were on Tuesday charged in court for selling SIM cards without first registering them as required by law.
The Daily Nation on Tuesday bought SIM cards from agents of the four mobile phone companies to test if they could be used without registration. Those from yu, Airtel and Orange did not work but Safaricom’s did.
In another development in the investigations into terrorist activities, a student at Murang’a Mixed Secondary School was arrested on suspicions that he has links with Al-Shabaab, the militants who claimed responsibility for the Westgate attack.
On Tuesday, Starehe OCPD Samuel Anampiu said that officers from the Anti-Terrorism Police Unit (ATPU) were interrogating the Form Three student.

Electricity connection charges to remain at the current rates

The cost of connection to the electricity network will not go up beyond the current price even after the two-month grace period given by the government expires, Energy Cabinet Secretary Davis Chirchir has said.
Mr Chirchir told the National Assembly’s Energy Committee that new connections for the single and three-phase electricity supply are not likely to rise above the current Sh34,980 and Sh49,080 respectively.
The Cabinet was in August directed to compel Kenya Power to revert to the Sh34,980 that is charged most domestic customers for connection to the grid. The firm had increased the fee to Sh70,000.
“We don’t see the cost going up because the political side of the story is, and we have been asked that before, that if the cost didn’t go up in the last 10 years, why increase it when a new government has just come in?” he said.
Kenya Power has kept the connection rates constant since 2004 and had said Sh70,000 reflects the actual increases in costs and labour needed for new connections over the 10-year period.
At the meeting on Tuesday, Mr Chirchir said a study is being done to establish the realistic cost of materials used to make new connections. He said one of the apparent discrepancies is in the price of electricity poles, which Kenya Power places at between Sh16,000 and Sh19,000, yet fresh untreated poles costs Sh3,000.
“Is it true that when I sell my pole at Sh3,000, by the time I transport and treat it the cost should move to Sh16,000? We’ve Kenya Power to explain these things because (better) procurement processes can bring the cost down,” he said.
MIDDLEMEN
Mr Chirchir said some of the high costs could be because middlemen are involved and could be taking a huge cut of the earnings.
“We’re auditing very critically and the cause of concern is the cost of materials. You’ll see people (read suppliers) complaining but if you say you are doing business you must do it reasonably,” he added.
Mr Chirchir said the government aims, through the Rural Electrification Authority, to have electricity connections at market centres and schools, which would in turn make it easier for homes to connect.
In his on-going meetings with World Bank officials in the US, Treasury Cabinet Secretary Henry Rotich is negotiating for a loan to finance REA’s expansion of the national grid. MPs however said even the subsidised rate is still beyond the reach of many of their constituents.
“We see the wires in the village during the day and think the connections have been made but there is no light at night. They say the cost is too high,” said Suna East MP Junet Mohammed.

ICC Witness: William Ruto was crowned Rift Valley king

The Hague: The second prosecution witness at the ICC painted Deputy President William Ruto as an influential leader in the Rift Valley who was crowned king ahead of the 2007 General Election.


The witness said Ruto was crowned elder of all ethnic groups in the Rift Valley during a coronation ceremony attended by top ODM luminaries including former Prime Minister Raila Odinga.
 The witness only identified as 326 said the ceremony was also attended by some elders from both the Luo and the Kalenjin communities.
 “What region was he the king of?” Prosecution Lawyer Ade Omofade asked the witness three times prompting an objection from Ruto’s lead counsel Kharim Khan.
 But the witness stood his ground: “He was representing the whole of Rift Valley.”
 However, the witness could not confirm to presiding judge Chile Eboe-Osuji whether Kikuyu elders also attended the coronation ceremony held months to the 2007 polls.
 “He (Ruto) was the king of the Rift Valley,” the witness insisted. “Mr Ruto was crowned by the community of the Rift Valley and other pentagon members were present when he was being crowned.”
At that point, the prosecution lawyer also protested and asked the witness to stop looking in Ruto’s direction and instead look in the direction the judges.
 But what followed from the witness left everyone in the usually tense courtroom, including the three judges, in stiches.
 With a clear mother tongue influence in his English, the witness complained that he should be left free to ‘look around’.
 “Your honour, I am a human being,” he said. “I should be allowed to look around.”
 He insisted that Ruto’s influence in the Rift Valley region was evident from the overwhelming support he secured for ODM as the party’s key point man in the region.
 “Mr Ruto’s effort was seen during the campaign time,” the witness pointed out. “He consolidated big support that automatically indicates that he had support where he comes from. He campaigned seriously for ODM and delivered within the area of the Rift Valley.”
 Another batch                                                  Raila was the ODM presidential flag-bearer in the 2007 polls with retired President Mwai Kibaki as his main challenger.While answering questions from Mr Omofade, the witness said that ODM’s campaign strategy was implemented by coordinators from Kenya’s eight provinces.The witness, however, maintained that Ruto appointed Josephine Koluo and Ole Kina Koitamet to coordinate the North Rift and South Rift respectively.The witness said that the two coordinators, like others across the country, were answerable to ‘the key ODM Pentagon members’.
 “The coordinators had to report to the key Pentagon leader who was Mr William Ruto and the chairman of the National Election Board who was Mr Kwach,” the witness recalled.
 He said that the coordinators were in charge of overseeing the nomination process in their various sub-regions and also coordinated the distribution of campaign materials.
 “They could also through the leaders (Pentagon officials) coordinate preparation for rallies,” he remarked.
Ruto and former journalist, Joshua arap Sang, are accused of orchestrating attacks in the Rift Valley after the disputed presidential election in December 2007.
Both men face charges of murder, persecution and population displacement. The wave of violence from December 2007 to early 2008 left 1,100 people dead and forced 650,000 others from their homes.
The witness said that the only representative of Kass FM he knew was Sang whom he identified in court yesterday.
He, however, clarified that he did not know the programme Sang presented.
 “I do not know the programe he presented but I know he is a presenter,” he told Judge Osuji
 The witness said that Retired Justice Richard Kwach, nominated Senator Janet Onger’a and former ODM treasurer Omingo Magara were the Nyanza coordinators.
 Western Province he said was under the stewardship of former Deputy Prime Minister Musalia Mudavadi who was assisted by Mr Flavian Kubasu.
 “The key Pentagon leader representing the Coast was Mr Najib Balala and the coordinator was Dr Mutana Lewa,” he added.
 Central he said was under East Africa Legislative Assembly Member Mumbi Ng’aru, Eastern was represented by Lands Cabinet Secretary Charity Ngilu while Upper Eastern was under Joe Nyagah.

Kenya's role in Somalia questioned in US Senate

A US government official and two think-tank analysts raised questions on Tuesday about Kenya's role in Somalia in comments to the US Senate.
"Increasing security efforts by the Kenya Defence Forces may have [aid] access implications in Kismayo and re-ignite tensions in the community," said Nancy Lindborg, assistant administrator of the US Agency for International Development.
Somalis express "great scepticism" in regard to Kenya's claim that it wants to remove its troops from Kismayo, added EJ Hogendoorn, an analyst with the International Crisis Group.
He pointed to a UN allegation that Kenyan military officers earn "large amounts of money from trade, including illegal charcoal, passing through Kismayo."
Most Somalis "believe Kenya wants to control southern Somalia because it has large oil and natural gas deposits," Mr Hogendoorn told the Senate Foreign Relations Committee.
Abdi Aynte, director of the Mogadishu-based Heritage Institute for Policy Studies, said the US has "a moral obligation to exert pressure" on Kenya and Ethiopia to cease interfering in Somalia's internal politics.
"Their unchecked interference risks further destabilising of the country and a reversal of recent fragile gains," Mr Aynte warned. "Interference galvanises militant groups and further divides Somali communities."
Linda Thomas-Greenfield, the State Department's top Africa official, and Amanda Dory, an African affairs officer at the Pentagon, also addressed the senators, offering a positive appraisal of US policy regarding Somalia.
The US-financed African Union Mission in Somalia (Amisom) has managed to "eviscerate al-Shabaab," Ms Thomas-Greenfield said.
"Nonetheless, this Somalia-based al-Qa’ida affiliate remains a dangerous presence" in East Africa, she added, citing the Westgate attack.
"Al-Shabaab must be stopped," the assistant secretary of state for African affairs declared.
Under sharp questioning from Senator John McCain, Ms Dory declined to discuss the recent US raid on a Shabaab stronghold in Barawe, a town south of Mogadishu. She told the Republican former presidential candidate it would be inappropriate to discuss military operations in an open forum.
"The fact is, it was a failure," Senator McCain said in response, noting that US Navy SEALs had not captured the Kenyan Somali leader of Shabaab whom they had targeted in Barawe.
Andre Le Sage, a research fellow at the US National Defence University, added in his remarks to the panel that the United States should continue support for Kenya and other East African allies vulnerable to attacks by "Shabaab and its regional affiliates, including al-Hijra."

Tuesday 8 October 2013

LOL Animal love










President Uhuru Kenyatta's mother, Ngina, listed among Africa’s few billionaires

Africa has 55 billionaires, far more than previously thought, Nigeria-based Ventures financial magazine says.
They include three women - the mother of Kenya's president, a daughter of Angola's president and a Nigerian oil tycoon and fashion designer.

The richest man is Nigeria's Aliko Dangote, with a fortune of $20.2bn (£12.5bn), Ventures said.
The list is likely to reignite debate about inequality between rich and poor people in Africa, correspondents say.
In April, the World Bank said the number of people living in extreme poverty in Africa had risen in the past three decades from 205 million to 414 million.
'Conservative estimate'
A report earlier this month by research group Afrobarometer suggested that economic growth in Africa was primarily benefiting a small elite.
. This is the first time the respected Ventures magazine has published a list of rich Africans, reports the BBC's Tomi Oladipo reports from Nigeria's main city Lagos.
The 55 billionaires it has identified are more numerous than the 16 listed by US financial magazine Forbes last year.
It was able to identify dozens more billionaires by using "on-the-ground knowledge" to overcome hurdles that may have "hampered" other researchers, Ventures said.
The magazine estimated the 55 billionaires' combined fortunes at $143.88bn, an average of a $2.6bn per person.
Of the 55, 20 are Nigerian, nine are South African and eight are Egyptian, Ventures said.

The richest woman is Nigeria's Folorunsho Alakija, who made her $7.3bn fortune mainly in the country's oil industry, it added.
She also studied fashion in London and made dresses for Maryam Babangida, the late wife of Nigerian military ruler Ibrahim Babangida, Ventures said.

Isabel Dos Santos, an Angolan investor and the eldest daughter of Angolan President Jose Eduardo dos Santos, together with Ngina Kenyatta, the mother of Kenya's President Uhuru Kenyatta, also made the cut, it added.
Ventures listed Harvard-trained businessman Allan Gray as South Africa's richest man, with a fortune of $8.5bn.
"This media-shy South African moneyman controls two investment companies that collectively manage over $50bn in assets," Ventures said.
Nathan Kirsh, a property tycoon in the tiny kingdom of Swaziland, also made it on the list.
He is worth $3.6bn, and has business interests in London and New York, Ventures said.
Ventures editor-in-chief Oozo Eewala told the BBC's Focus on Africa radio programme that its estimate of 50 billionaires was probably conservative.
"There is this culture of you don't necessarily want to show your wealth, considering the gap between rich and poor," he said.
"If you have a lot of money, there are a lot of people that you have to support so we think people may be a little reluctant to be all splashy about what they have and what their assets are."

Monday 7 October 2013

Raila Odinga’s New Book- The Flame of Freedom


In The Flame of Freedom, his autobiography to be launched in Nairobi on Sunday at the KICC, Mr Odinga paints a picture of five years of torment at the hands of his Party of National Unity (PNU) partners. They appeared bent on frustrating and humiliating the Orange party wing at every turn, from the day the National Accord was signed in February 2008.
Sources of conflict included the extent of Mr Odinga’s powers and his position in the government pecking order, the size and composition of the Cabinet, dealing with the Mungiki menace and the fight against corruption.
Mr Kibaki fired the first salvo, apparently meant to show that he was in charge, with a letter appointing Mr Odinga to the post of Prime Minister, weeks after the signing of an internationally mediated 50-50 power-sharing deal that brought an end to the violence that followed the disputed December 2007 presidential election.
“On April 13, 2008, I received a four-page communication from the Office of the President,” writes Mr Odinga, who now leads the opposition Cord. “It was dated that day, marked “Confidential” and, to my amazement, was headed “Letter of Appointment for the Prime Minister”.
The letter, signed by Mr Kibaki, detailed the PM’s roles and responsibilities. Mr Odinga declined to sign the letter.
“I was astonished that such a letter could be sent by one Principal to another in a coalition of equal partners. Under the [National] Accord, Kibaki and I were in a power-sharing arrangement, and I found it preposterous for one Principal to purport to be appointing the other, and to be spelling out his duties,” Mr Odinga says in The Flame of Freedom.
But that, according to Raila’s book, was just the beginning of what would be a tumultuous political marriage. The next source of tension was a statement released by then head of Public Service, Francis Muthaura, indicating the pecking order in government.
Mr Odinga writes in The Flame of Freedom, that the hierarchy placed the President on top with Vice-President Kalonzo Musyoka second. Mr Musyoka of ODM-Kenya (now Wiper) was a distant third in the 2007 presidential election and had joined the PNU side of the coalition.
“I as PM would be number three, with the title ‘The Right Honourable’. My coalition partners were apparently determined to cut me down to size at every turn, but I considered the fact that they felt compelled to do this showed their fear of the Accord and of the equal partnership between Kibaki and me under the Grand Coalition Government,” says Mr Odinga.
Citing the law that recognised him as co-principal, Mr Odinga rejected the pecking order. The Flame of Freedom details how the weeks that followed were marked with a public display of power intrigues.
Mr Odinga said the practice of calling him to address public meetings before the Vice President spoke and then invited the President was meant to frustrate and humiliate him.
He gives two examples of events in the Rift Valley in 2009 when he was forced to publicly object to the practice and insisted that the VP speak first, by inviting him to address the gathering and then invite the President.
Another was at a rally in Eldoret: “The organisers had planned a repeat of the previous day’s slight to me, and called on me to speak before the VP. I objected, and said the VP should go ahead of me. It became a tense and ugly public scene when Kibaki intervened and said that, no, I should speak first.”
In the end, Mr Odinga took to the podium and explained himself, winning the supremacy battle.
“The President’s men from the outset were determined to pay little more than lip-service to the power-sharing arrangement spelt out in the Accord, and the partnership started out on the wrong footing. As the weeks went by, it seemed that instead of dealing with the bigger issues, we were increasingly forced to engage in turf wars,” writes Mr Odinga.
CABINET BATTLE
But it was in the formation of the coalition Cabinet that a full-blown battle would take place. The National Accord did not specify the size of the Cabinet, only stating that there would be portfolio balance and that both sides would share positions on a 50-50 basis.
President Kibaki had already unilaterally named his “half” of 17 ministers, meaning the Cabinet size would have to be large enough also to accommodate 17 ODM appointees. Mr Odinga said his party in fact wanted the total number capped at 24, but PNU had other ideas. “We were shocked. Kibaki now wanted 24 posts, which would mean a bloated Cabinet of 48 ministers.”
But even after agreeing on the Cabinet size, the two sides started wrangling over who would get plum appointments to Internal Security, Local Government, Finance, Roads, Foreign Affairs, Agriculture and Energy dockets.
“Our side argued that, since PNU, with the President as Commander-in- Chief of the armed forces, would be taking Defence, ODM should have Internal security as a counter. The OP was insisting on having Local Government, so we said we wanted Finance,” he writes.
The endless negotiations caused further anxiety and Mr Odinga says his side of the coalition had eventually to cede some ground “in the best interests of the country”.
Mr Odinga says, “PNU had also begun under-the-table negotiations with several of my Pentagon [ODM top leadership] members, making them offers they were finding difficult to refuse, and some were even beginning to soften. Najib Balala came to me to plead that we should take the deal and move on. The others, [Musalia] Mudavadi, [William] Ruto, Charity Ngilu and Joe Nyagah, were likewise not averse to making a deal.”
At a point in the course of the negotiations, Mr Kibaki asked everyone else to leave the room at State Lodge, Sagana, where discussions were taking place, and leave him alone with the PM.
Mr Odinga recalls President Kibaki saying that, having spent many years at the Treasury, he was the de facto Finance minister and wanted to retain the docket, which was supposed to go to ODM for “balance”.
Mr Odinga writes: “Kibaki put all this in a way that made it difficult to say no. Here was an old man, practically on his knees. So I said I understood, but in that case, ODM should get Local Government.”
Mr Odinga says instead of being treated as an equal partner, he was increasingly being regarded as the “head prefect”. He also thinks the Cabinet was “too large and too unwieldy to transact any business efficiently”. The Flame of Freedom lends credence to the belief that ODM ministers were being undermined by PNU-leaning Permanent Secretaries (a position since renamed Principal Secretary).
“Certain crucial projects that would have promoted ODM’s image were being sabotaged. These instructions were coming from the Office of the President. I received continual complaints from the agriculture, lands, water, immigration, local government and roads ministries. In health services, Minister Peter Anyang’ Nyong’o went as far as demanding the replacement of his PS.”
The former PM also accuses the Treasury of delaying project funds and Mr Muthaura of bypassing the PM’s office to issue directives on behalf of the President to Cabinet ministers on how to perform their functions. He says he initially raised the issues with President Kibaki, but the frequency of their one-on-one meetings began decreasing as part of the obstacles placed before him.
Mr Odinga says he did not want to be a lame-duck PM and he consulted widely on his role. “In (2008) July, I was invited to visit the UK by the British PM, Gordon Brown, and one department we visited there was the PM’s Delivery Unit.” Some of Mr Odinga’s staff subsequently went to the Unit for training.
Mr Odinga says his vision for the PM’s office was that it should play the role of “catalyst in injecting efficiency into management of the government, so that it could deliver on its campaign promises”.
He describes how “People in the OP were initially resistant. They mistook my enthusiasm concerning change and positive development for an attempt to duplicate government activities and ‘take over’.”
The former PM says he found President Kibaki “stiff and unresponsive” when he went to discuss the strategic plan for his office. “I knew Kibaki from working with him previously and I understood that pressing him further would be futile. So I told him I was going to get the staff from his office to work with my people to revise the draft.”
HOSTILE RECEPTION
Mr Odinga also says in his book, that his pledge to dialogue with the Mungiki sect soon after being sworn in as PM received a hostile reception from Mr Kibaki’s side. He describes a meeting with the President in the OP soon afterwards as a tense affair, with Mr Kibaki clearly angry at his decision.
The ex-PM says he had raised questions about the alleged extrajudicial killings by police of suspected Mungiki members and got support from the US embassy for the FBI to be brought in to investigate the killings.
As the coalition struggled to remain together, it seemed destined to lurch from one crisis to another. The restoration of the Mau Forest, for example – which some analysts have said cost Mr Odinga and ODM significant support in the Rift Valley – was yet another area of conflict.
Having agreed to go ahead with the project at Cabinet level, some ministers, notably the then Agriculture minister William Ruto, now Deputy President in the Jubilee government, disowned the project during visits to the area.
“They went to the area and incited title-less settlers in Phase Two not to leave until they had been paid compensation. The agitators ferried forest families to makeshift camps, called in the media, and blamed the ‘inhuman’ exercise on me. A compliant media went along with it, regrettably too lazy to research the facts, or too inept or partisan to point out this was a necessary and collective Cabinet decision to which everyone was party,” he writes.
The Flame of Freedom book will be launched on Sunday at KICC, Nairobi. The chief guest at the event is former Nigerian president Olusegun Obasanjo

Terror suspect escapes police dragnet

Police officers at the scene where four people suspected terrorists were gunned down on Mombasa-Malindi highway last Friday.


One of the suspected masterminds of the Westgate terror attack narrowly escaped a police dragnet in Nairobi Monday afternoon.
Police say the man is a former senior officer in Somalia and has been training Al-Shabaab militants in the war-torn country.
He has reportedly been living at Nairobi’s Majengo area and travelled to Garissa immediately after the attack but later returned to the city.
“We suspect he just went to deliver something since he only stayed there for a day,” said one of the officers involved in the operation.
Police say the suspect, who travels frequently, is good at covering his trail and has processed several documents to aid his movement between Nairobi and Garissa.
Yesterday, the suspect was trailed to the city centre where he made a call to Mombasa and several others to some people in Somalia, before dumping the phone at a parking lot next to Jeevanjee Garden.
His movements were traced to Jamia mosque, Ngara and along Juja Road where detectives lost track of him.
A joint operation, which included officers from the Anti-Terrorism Police Unit (ATPU), the National Intelligence Service, Flying Squad and the Special Crime Prevention Unit, extended late into the night on Monday but the suspect had not been captured by late Monday night.
Operations have also been intensified as it has become clear that at least two of the attackers could have slipped out of the mall in the confusion, and also due to the fact that the people leaving the mall were not thoroughly screened.
ATPU boss Boniface Mwaniki said so far police have arrested around 40 suspects.
On Sunday, police also seized three suspects who had reportedly been hiding in a room at Pangani area.
The three were found in possession of five different passports, a laptop and a car. They are being questioned by ATPU officers.
Detectives are also looking for at least eight suspects believed to have been directly involved in the attack. Four of them were captured on the CCTV footage at the mall.

Witness recalls William Ruto’s role in ODM leadership


Deputy President William Ruto holding hands in prayer with wife Rachel, daughter among MPs and senators outside ICC shortly before beginning of October 7, 2013 proceedings.


The second witness in the case facing Mr William Ruto at The Hague on Monday portrayed the Deputy President as a key figure in ODM who used coded language against some communities in the Rift Valley during the 2007 election campaigns.
Testifying in an open session but with his face blurred and voice distorted on the video monitors, Witness 326 said Mr Ruto used coded and degrading language. At a rally in Kitale after the burial of an ODM supporter, the witness said, Mr Ruto talked of what the party would offer once it ascended to power, especially for the people of Rift Valley.
“It is time the hyenas would give back the land so that landless people can own land,” he reported Mr Ruto as saying at the rally.
When pressed by the presiding judge Chile Eboe-Osuji to clarify if Mr Ruto indeed used the exact term “hyenas” the witness responded in the affirmative, explaining that the crowd understood the term to mean “those who have grabbed lands.”
Mr Ruto’s utterances, the witness said, were well-received by the crowd at the Kitale rally, which he claimed to have been attended by more than a million people.
The Kitale rally, he said was widely covered by the media, including Kass FM where the second accused, Mr Joshua arap Sang, at the time worked. Also covered by the media was the final rally that ODM held at Uhuru Park, Nairobi.
However the witness said he was not a keen listener of the Kass FM since he does not understand the Kalenjin language, nor was he familiar with any of the station’s programmes.
The witness also reconstructed the formation of the Orange Democratic Movement as the vehicle to spearhead the ‘No’ campaign during the 2005 referendum, its transformation into a political party and Mr Ruto’s role in the party’s 2007 election campaigns.
He said Mr Ruto was a member of the highest organ in the party, the Pentagon, alongside Mr Raila Odinga, Mr Musalia Mudavadi, Mr Najib Balala, Mrs Charity Ngilu and Mr Joseph Nyagah.
Mr Ruto was directly in charge of the movement’s campaigns in the Rift Valley and was charged with spreading its message of equal distribution of resources, particularly land, the witness said.
Prosecutor: Following the nomination of Raila Odinga as the presidential candidate, what strategy did the ODM adopt as their election strategy?
Witness: ODM had a strategy of reaching the people on the ground, first of all through the delegates on the ground, secondly, ODM party structures and ODM elected civic and parliamentary candidates and also through the media, campaign materials such as billboards and flyers.
Prosecutor: You just mentioned Pentagon members and the regions they represented. Would it be fair to say that these Pentagon members were assigned provinces to drum up electoral votes.
Witness: That is true.
Prosecutor: Who was charged with delivering Rift Valley, if I may use that term?
Witness: Rift Valley, mostly it was left to the Pentagon member, Mr Ruto. The chairman of ODM was also coming from Rift Valley and they could reach the people of Rift Valley.
Judge: I may then ask you, were the other campaign means, the billboards, the media employed in Rift Valley?
Witness: Yes.
Prosecutor: What is the ethnic make-up of the Rift Valley?
Witness: The majority are the Kalenjin, but it also has other communities like the Kisii, the Luo, Kikuyus and Luhyas.
Prosecutor: Can you estimate the actual percentages of the communities, if you cannot, do not say it.
Witness: No.
Prosecutor: Do you know which were the pressing campaign issues?
Witness: The ODM manifesto was advocating equal distribution of resources including land, equal distribution of opportunities and governance positions.
Prosecutor: Was this strategy meant for the whole country or Rift Valley alone?
Witness: It was not for Rift Valley alone.
According to him, Mr Ruto was one of the key leaders of the ‘No’ team that successfully campaigned against the proposed Constitution during the 2005 referendum.
“By 2005, ODM was not in place as a party but there was an Orange movement,” the witness told the court.
He listed the key leaders of the movement as Mr Ruto, Mr Odinga, Mr Mudavadi, Prof Anyang’ Nyong’o, Mr Musyoka, Mr Balala and Mrs Janet Ong’era among others.
“There were quite a number of MPs in the movement. After the referendum, majority of people liked the movement,” he said.
The witness recalled how lawyer Mugambi Imanyara, “after picking the concept” went behind the ‘No’ leaders to register the ODM as a party after the referendum.
The witness said although Mr Ruto still remained in Kanu, he associated more with the Orange leaders from the referendum onwards and decamped to ODM in mid-2007.
As a member of ODM, the witness said, Mr Ruto was key to its campaigns and was even a member of the Pentagon.
“The leaders were representing provinces because ODM had promised devolved government and devolved resources,” he said.
The witness said Mr Nyagah represented Upper Eastern, Mrs Ngilu was for the rest of the Eastern province, Mr Balala was ODM’s pointman in Coast, while Mr Ruto and Mr Odinga represented Rift Valley and Nyanza respectively.
The prosecution continues with the examination-in-chief of the witness today before the defence cross-examines him. At the end of the cross-examination, the prosecution will have another chance of re-examining the witness.