JIENJOY

Thursday, March 31, 2011

One government, different positions on trials

UN Secretary General Ban Ki-Moon at Harambee House on March 31, 2011 during a meeting with President Mwai Kibaki. Photo/PPS
UN Secretary General Ban Ki-Moon at Harambee House, Nairobi on March 31, 2011 during a meeting with President Mwai Kibaki. Mr Ban later met with Prime Minister Raila Odinga. Photo/PPS
By BERNARD NAMUNANE bnamunane@ke.nationmedia.com AND EMEKA MAYAKA GEKARA gmayaka@ke.nationmedia.com
Posted  Thursday, March 31 2011 at 22:06

President Kibaki and Prime Minister Raila Odinga on Thursday maintained their contradicting positions on the fate of the Ocampo Six in separate meetings with visiting United Nations boss Ban Ki-moon.
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While President Kibaki stated that Kenya was pushing for deferral of the cases through the UN Security Council, Mr Odinga was categorical that a referral by the International Criminal Court on the strength of a local tribunal was the best option.
Sources close to the separate meetings said the two principals struck to the positions which have created a rift in the Grand Coalition government.
Mr Ban, who arrived in the country on Wednesday to chair the meeting of the UN Chief Executives Board and open new UN Environment headquarters in Nairobi, first met President Kibaki at Harambee House at 11am before going across the road to meet Mr Odinga.
During the one-hour meeting at Harambee House, it was understood the UN boss said Kenya’s bid to defer the cases against the Ocampo Six through the UN Security Council hinged on a working Judiciary and political goodwill of its leaders.
He said the capacity of the local courts to try the suspects and the ability of the police to investigate crimes against humanity was crucial.
President Kibaki, who wants the cases against the Ocampo Six tried at home by a special Division of the High Court, said the government was fast-tracking reforms in the Judiciary to give the court system the teeth and independence to try the suspects.
Said the Presidential Press Services: “The President noted that the reforms being undertaken would especially help in giving the country a strong and independent Judiciary that would deal with the delivery of justice expeditiously.”
Making a pitch for the deferral of the cases against Deputy Prime Minister Uhuru Kenyatta, suspended minister William Ruto, ODM chairman Henry Kosgey, Civil Service boss Francis Muthaura, former Police Commissioner Hussein Ali and Kass FM radio presenter Joshua Sang, President Kibaki said the establishment of the Judicial Service Commission and passage of the Vetting of Judges and Magistrates Bill showed Kenya was preparing the ground for local trials.
He said the new Constitution had provided Kenya with the chance to reforms its institutions, including the Judiciary and the Kenya Police Service to make them efficient.
The meeting at Harambee House was attended by among others Vice- President Kalonzo Musyoka, Internal Security minister George Saitoti and UN deputy secretary general Asha Rose Migiro.
President Kibaki has tasked Mr Musyoka to lead the shuttle diplomacy to convince the UN Security Council members to vote for a deferral of the case.
In a clear show of determination to block the ICC from trying the Ocampo Six, Attorney General Amos Wako on Thursday said two foreign lawyers hired by the government to challenge admissibility of the case had filed their application with the ICC.
It is understood that Mr Ban told the meeting that the UN Security Council had discussed Kenya’s appeal for referral and would make a decision on it. He was not specific on the date.
The UN boss crossed Harambee Avenue to the PM’s office a few minutes after 12pm where he met Mr Odinga and deputy PM Musalia Mudavadi.
It was understood the PM repeated his position that a referral by the ICC was the best option if the government established a local tribunal that meets international standards.
Sources said Mr Odinga insisted that those behind the post-election violence should face justice delivered by a competent tribunal which will not be biased against certain individuals.
That was the reason, he was understood to have said, that ODM has opposed the bid to defer the cases through the UN Security Council.
However, the PM’s adviser, Mr Salim Lone, told the Nation Mr Odinga did not discuss PNU’s diplomatic campaign to postpone the post-election violence cases for a year.

Muthaura, Uhuru quit security jobs

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Deputy Prime Minister Uhuru Kenyatta (left) and Head of Public Service Francis Muthaura. Photo/FILE
Deputy Prime Minister Uhuru Kenyatta (left) and Head of Public Service Francis Muthaura. Photo/FILE 
By PETER LEFTIE pmutibo@ke.nationmedia.com
Posted  Thursday, March 31 2011 at 22:00

Deputy Prime Minister Uhuru Kenyatta and Public Service head Francis Muthaura have quit sensitive government responsibilities to comply with tough conditions imposed by International Criminal Court prosecutor Luis Moreno-Ocampo.
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In separate letters to Internal Security Minister George Saitoti who chairs the Cabinet committee that deals with the ICC, Mr Kenyatta and Mr Muthaura said they were stepping down from their positions in key Cabinet and security committees dealing with matters related to the cases facing them at The Hague.
In his March 23 letter, Mr Kenyatta announced that he was quitting the powerful Cabinet Sub-Committee on Security and Foreign Relations and he would no longer attend its meetings.
“This is in order to ensure that there is no suggestion by external parties of a conflict of interest in relation to my attending any such official meetings for the duration of the period that a conflict may be deemed to exist,” he said.
Five days earlier, Mr Kenyatta had written to Attorney-General Amos Wako informing him that he was resigning from his position as a member of the Witness Protection Advisory Board.
“I am taking this decision to relinquish myself from this post to ensure that there is no suggestion by external parties of a conflict of interest in relation to this appointment, and the work of the board.
“This decision is made cognizant of my current situation before the International Criminal Court, following the summons for me to appear before the Court on 8th April, 2011, and the conditions attached thereto,” Mr Kenyatta said.
Finance assistant minister Oburu Oginga would represent Treasury on the board, he said.
Mr Muthaura wrote to Prof Saitoti on March 28 informing him of his decision to step down as chairman of the National Security Advisory Committee (NSAC).
“I have decided to relinquish my chairmanship and membership of National Security Advisory Committee (NSAC) for avoidance of any doubt on matters of conflict of interest relating to ICC investigations in Kenya.
“I trust this together with my previous letter will satisfy the concerns expressed in the letter of the ICC Prosecutor which you have brought to my attention,” he said.
In an earlier letter dated December 28 last year, Mr Muthaura said:
“Since the announcement by the ICC Prosecutor on 15th December, 2011, that I am a suspect in the investigations on the post-election violence for the avoidance of conflict of interest, I have opted not to participate henceforth in official discussions, meetings and arrangements relating to the ICC cases in Kenya. This also includes discussions in both NSAC, Cabinet or its committees.”
The move by President Kibaki’s key men follows a letter of Mr Ocampo to the government demanding to know whether Mr Muthaura’s position as Head of Public Service gave him privileged access to and influence over the state’s security apparatus in a way that could interfere with witnesses or the collection of evidence.

Mariga red card could be overturned as Blatter intervenes

Harambee Stars midfielder McDonald Mariga (left) celebrates his goal against Angola with team-mates Dennis Oliech and Bob Mugalia at Nyayo stadium on March 27, 2011.
Harambee Stars midfielder McDonald Mariga (left) celebrates his goal against Angola with team-mates Dennis Oliech and Bob Mugalia at Nyayo stadium on March 27, 2011.
By CHARLES NYENDE cnyende@ke.nationmedia.com
Posted  Thursday, March 31 2011 at 20:03

Leading Kenyan player McDonald Mariga could play in Harambee Stars’ next African Cup of Nations qualifier away to Angola on June 4.
This follows a favourable response from Fifa after Football Kenya Limited made an impassioned plea to the World football governing body over the player.
Mariga was sent off in Kenya’s qualifying match against Angola last Saturday after getting a second yellow card for removing his shirt to celebrate his winning goal.
FKL chairman, Mohammed Hatimy, said he held a telephone conversation with Fifa president Sepp Blatter at the weekend, who promised to intervene and urge Caf to review the sending off.
Blatter, who is running for another four-year term, will be keen to show he has the interest of African football at heart as he woos votes from the continent.
“We have also written to Caf and explained that the first yellow card was not warranted. We believe Caf will consider our case. Fifa’s involvement will also work in our favour,” Hatimy said.
Mariga, who had a big game in Kenya’s 2-1 win over Angola, got his first yellow card early in the second half when he played the ball after the whistle had gone.
He got his second yellow and subsequent send off when he removed his shirt to celebrate the bullet of a shot three minutes to the end of the match.
Professional foul
“I did a stupid thing after I scored that goal, but that doesn’t mean that our team won’t do the needful when we play away in Angola.
“I am annoyed with that red card of course, but the referee wasn’t fair. My first yellow card wasn’t warranted,” Mariga told the Nation.
Kenya coach Zedekiah Otieno, who has already rued the unavailability of Mariga, was cautiously hopeful of the reverse.
“The first yellow card was not warranted. Referees err and for the good of the game the administrators should reverse unfair decisions. It happens around the world.”
Cecafa secretary general Nicholas Musonye, who has extensive contacts in Caf, said Kenya’s case could be successful since they were chasing the match when the first yellow was given.
Musonye also added that Caf was striving to show that it was fair in its dealing and this could work in Kenya’s favour.
It is not uncommon in football for referee decisions to be reversed on appeal well after the match.
A case in point is the recent reversal of the red card given to Sunderland’s John Mensah in a recent English Premier League match against Liverpool.
Mensah was dismissed in the 81st minute for a professional foul on Luis Suarez.

Ban Ki Moon

PMPS 31st March 2011.
Prime Minister Raila Odinga today held discussions with UN Secretary General Mr Ban Ki Moon on a range of issues including the intention of the Government of Kenya to field a candidate for the position of Assistant Secretary General at the UNEP Nairobi office.

The premier informed the UN boss that the country had settled for Dr. Alice Kaudia, a renowned conservationist whose colourful career in social and natural resource management saw her head the Eastern Africa International Union for Conservation of Nature (IUCN) for the UN position.

Mr Odinga also briefed the UN delegation on the status of the Internally Displaced Persons (IDP) and the influx of refugees from war ravaged neighbouring countries. The delegation which jetted into the country last evening heard that at least 9000 aliens sought refuge into the country every month thereby posing health, environmental and security concerns to the host nations.

The two leaders also revisited the Ivorian crisis to which Mr Odinga was appointed as mediator. Mr Odinga asked the international Community to take a decisive action to resolve the post election impasse. The West African country has lately been plunged into a state of turmoil following fighting over the leadership after incumbent President Laurent Gbagbo declined to concede defeat and relinquish power to former Prime Minister Alassane Ouattara.

At another function in his office, the PM challenged the Commission for the Implementation of the Constitution to do everything within its powers to ensure the country does not go through the experiences of 2008 again.
Speaking when he received members of the CIC who presented the Quarterly Report, the PM said a number of the problems the country has experienced since 1992 elections are election related.
“You are on the driving. The people of Kenya have given you a mandate to ensure there is a level playing field, that the process to the next election is credible and respected. You have a duty to ensure we don’t experience what we did the last time,” the PM said.
CIC officials, led by chairman Mr Charles Nyachae, said the commission is determined to live to the expectations of Kenyans.

ICC‐CPI‐20110331‐MA91

ICC has issued Practical information on the 7 April 2011 for the initial appearance of William Samoei Ruto, Henry Kiprono Kosgey and Joshua Arap Sang

ICC‐CPI‐20110331‐MA91

Case: The Prosecutor v. William Samoei Ruto, Henry Kiprono Kosgey and Joshua Arap Sang

On Thursday, 7 April 2011, at 09:30 (The Hague local time), the initial appearance hearing of William Samoei Ruto, Henry Kiprono Kosgey and Joshua Arap Sang is scheduled to take place before Pre-Trial Chamber II of the International Criminal Court (ICC) in Courtroom I. The hearing is being held in order to verify the identity of the suspects and to ensure that they have been informed of the crimes which they are alleged to have committed as well as of their rights under the Rome Statute, founding treaty of the ICC.


The hearing will be held in open session unless ordered otherwise.

Please note that the practical information regarding the separate initial appearance hearing in the case against Francis Kirimi Muthaura, Uhuru Muigai Kenyatta and Mohammed Hussein Ali, scheduled on 8 April, 2011, will be announced separately.



To view the hearing from outside of the Court.

I. To view the hearing from outside of the Court
Live web streaming of the hearing will be available, with no delay, on the ICC website, through the following links:
Courtroom 1:

English: http://livestream.xs4all.nl/icc5.asx

French: http://livestream.xs4all.nl/icc2.asx

Hearing summaries: An audio (floor channel only) and video summary of the hearing will be available the same day.

AV programmes: The radio and television programme “In the Courtroom” (in English) for downloading and on the ICC YouTube channel will be available the following day.


II. To attend the hearing at the Court

All visitors and media representatives planning to attend the hearing are kindly asked to:

• Request a seat in the Public Gallery or confirm attendance in the Media Centre by sending an email to PublicAffairs.Unit@icc-cpi.int;

• Arrive no later than 09:15 (The Hague local time);

• Use the public entrance located at Regulusweg; and

• Present a valid identification card (press pass, for the media).


III. Practical information for the media

Please note:

• Filming, photography and recording will not be allowed inside the Court building. Any recordings of interviews must take place outside of the Court.

• The ICC will provide live feed to the Media Centre and SNG trucks. Courtroom photographs will be provided in a press release later in the day.

• There are no lunch facilities in the Court’s Public Gallery or Media Centre. Vending machines with light refreshments are available near the lockers in the Public Gallery.
Media Centre


For this hearing, the Court’s Media Centre will open at 08:00 and will close at 19:00.

The area can seat up to 64 people and includes plasma TV screens; a Wi-Fi Internet service; cards (plug + play) for those without Wi-Fi capability in their PC or laptop; 6 computers with Internet access; and 7 telephones that may be used free of charge for internal calls. For external calls, journalists are advised to use their mobiles or purchase 0800 pre-paid phone cards beforehand. Such cards are available at newsagents and train stations, but not at the ICC. Mobile phones cannot be used in the public gallery.


Satellite broadcast

Hearing will be broadcast live through Eurovision, free of rights and free of charge in Europe (W3A), Asia, North and South America and Africa (AB3 C band). Information on frequencies and updates will be available here next week.


Recording facilities

The Court will provide feed from Courtroom I to the hot-desk area of the Media Centre. The tables in the Media Centre contain plugs for the video and audio feed from the courtroom (4:3, PAL): BNC video output and XLR audio output (using 220 watt voltage and plugs standard for The Netherlands). You can record from three possible audio channels: 1 - floor, 2 - English and 3 - French. Each table contains an audio plug. If you need to record on two channels, please use another plug at another table for the second channel. The ICC does not have spare cables available for the crews.


Feed for the SNG trucks

SNG trucks can record the signal from Courtroom I from the distribution box placed in the media parking facilities. Please note that there is no power supply available at the car park and that it is therefore necessary to have a generator.


Parking facilitiesMedia representatives can use the parking facilities located at the intersection of Regulusweg and Wegastraat.


http://www.icc-cpi.int/NR/exeres/BAE7D326-2797-41C2-A22A-38F35AD86BBD.htm


I will continue shuttling, says VP


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Share/Save/Bookmark VICE President Kalonzo Musyoka has maintained that he will continue with his shuttle diplomacy around the world to lobby for a local tribunal to try the six suspects of the post-election violence.Kalonzo said what Kenya needs is to reform the judiciary and the police force.
He was speaking in Voi town during the Annual Delegates Conference of the Kenya Primary Schools Head Teachers Association meeting, Coast Province chapter.
The VP said those opposed to the trial of the suspects locally fear that they will be linked to the post-election violence by the suspects."I suspect those who are for the Hague are fearing that they may be mentioned by the Ocampo Six in relation to their participation in the clashes," Kalonzo said.

UN boss lauds Kenya on new law


BY ROBIN NJOGU

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President Kibaki shakes hands with UN Secretary General Ban Ki-Moon/PPS

NAIROBI, Kenya, Mar 31 - The United Nations Secretary General Ban Ki-Moon has commended the efforts of the Grand Coalition government in operationalizing the new Constitution.

The Secretary General especially commended the government for the establishment of the Judicial Service Commission that sets the stage for major reforms in the judiciary.

During talks with President Mwai Kibaki at Harambee House on Thursday, the Secretary General hailed the people of Kenya for the passage of the Constitution that should serve to unite the Kenyan people.

President Kibaki noted that the new Constitution had given the country a window of opportunity to reform the country’s institutions.

The President noted that the reforms being undertaken would especially help in giving the country a strong and independent judiciary that would deal with the delivery of justice expeditiously.

The Head of State noted that the government was also emphasizing on the issue of national healing and reconciliation to enable the country move forward in unity and peace.

Speaking at the function, Vice President Kalonzo Musyoka said as leader of government business, he was fully committed to leading Parliament in the passage of laws critical to successful implementation of the constitution.

The UN Secretary General thanked President Kibaki, the government and the people of Kenya for the strong support extended to the UN operations in Nairobi, which led to the upgrading of the offices from Category C to B.

The Secretary General assured President Kibaki that the U.N. would invest more resources in Kenya, citing the construction of the ultra modern UNEP headquarters in Nairobi.

He assured President Kibaki that the UN valued its Nairobi offices, the only ones located in a developing country.

President Kibaki and the Secretary General also discussed regional issues including Sudan and Somalia.


Mr Ban Ki-Moon commended Kenya for its frontline role in Sudan that led to the holding of a successful referendum.

On Somalia, President Kibaki noted that Kenya was now hosting 500,000 Somali refugees and called on the international community to help in bringing about a peaceful solution to the country.

The visiting UN Secretary General is in the country to preside over the UN Systems Chief Executives Board and open the new UNEP Headquarters in Nairobi.


Read more: http://capitalfm.co.ke/news/Kenyanews/UN-boss-lauds-Kenya-on-new-law-12246.html#ixzz1IBgAQEuD
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Nyong’o takes over council clinics


BY CATHERINE KARONG'O

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NAIROBI, Kenya, Mar 31 - Some health facilities run by the City Council of Nairobi (CCN) will in the next three months be surrendered to the Ministry of Medical Services.

Minister Anyang' Nyong'o has told Capital News that  they have had discussions with the Ministry of Local government and the CCN and agreed that his Ministry would take over some of the health facilities.

"They should identify the health facilities that we should begin with because there are some which are functioning well but there are others which are idle and have low capacity," the Minister said in an interview.

"So together with the City Council, we should do a harmonious job to make sure that we systematically and in an organised manner hive off some of these services from Kenyatta  (National Hospital) to these facilities so that we take Kenyatta nearer the people," he explained.

Less than two weeks ago, Professor Nyong'o had proposed that all health facilities run by the CCN be surrendered to his Ministry for efficient running because most were underutilised.

"Under the new Constitution of course other proposals can be made but we should look carefully to ensure that these facilities are used to ease the pressure that comes to Mbagathi and Kenyatta National Hospitals so that some of the primary health care services are rendered at these facilities," the Minister had said earlier.

He also revealed that plans were underway to have a state of the art diagnostic centre in Nairobi for majority of ailments.

"We have negotiated with the Indians and an Indian hospital is opening a big diagnostic centre off Waiyaki Way in about three months time," Professor Nyong'o said.

"It will reduce the cost of diagnosis in this country drastically because India knows how to offer these services more cost effectively and my aim is to make health care affordable and accessible to Kenyans both in the private and public sectors," he stated.

At the same time he said that the hospital reform process where they were modernising and rehabilitating about 67 health facilities countrywide required at least Sh585 billion to complete.

The Minister said that the current annual budgetary allocation of Sh27 billion was not enough to carry out the necessary reforms that would see an improvement in service delivery in all public health facilities.

"These services are not going to drop like manna from heaven!" he stated.

"They will have to be delivered from our health facilities. If these facilities don't have equipment, human resources or diagnostic services then of course they will not deliver the services required."

He said that they were currently sourcing funds from government, donors and the private sector.

"It's a major task; don't expect us to perform miracles if the money is not there," he cautioned.

The Minister also commented on the proposed HIV/AIDS Fund and said it was crucial for the country to take care of its own programmes especially in the wake of dwindling donor funding.

Funds from the Global Fund to fight AIDS, Tuberculosis and Malaria were expected to end in 2015 while that of the US President's Emergency Plan for AIDS Relief (PEPFAR) could end in 2012.

"We must build the capacity to deal with HIV/AIDS and not depend on the global fund forever," the Minister said.

On non-communicable diseases, he said that he would have a meeting in Nairobi on the third week of August to discuss how they can be dealt with.

"I have also spoken to certain people who manufacture cancer equipment in the United States and they are coming here on the third week of August to discuss and we are making proposals to them that rather than buy this equipment which is very expensive, they should lease it to us so that we pay as we use," he stated.

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Read more: http://capitalfm.co.ke/news/Kenyanews/Nyong%92o-takes-over-council-clinics-12248.html#ixzz1IBfupkZY
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Breaking News:

The Netherlands embassy confirms that visas for the Ocampo six are ready and that their movements will not be restricted

Ignore brewing political temperatures, PM tells investors



Written By:PMPS,    Posted: Thu, Mar 31, 2011

Raila said the nation will forge ahead irrespective of the trials
Prime Minister Raila Odinga wants local business community to help the government reassure foreign investors of their security as the country braces for the Hague trials.
He asked the business community to ignore the brewing political temperatures over the impending cases at the International Criminal Court arguing that the nation will forge ahead irrespective of the trials.
"The private sector should not be oversensitive about the unfolding political scenario in Kenya to an extent of sending mixed signals to the international community because the country will survive with or without The Hague trials" Odinga said.
He was reacting to concerns from the business community during the Prime Minister Round table meeting at a Nairobi hotel when the Chairman of the Private Sector Alliance (KEPSA) Eng.  Patrick Obath expressed fears that political climate could scare investors.
During the meeting also attended by four Ministers including Deputy Premier Musalia Mudavadi , the  World Trade Organization (WTO) Director General Pascal Lamy revealed that negotiations over the Doha Development Agenda (DDA) were far from conclusion.
He informed the meeting that African countries failed to influence policies in international circles due to poor percentage in intra trade performance within the continent compared to other players in the world market.
But the Premier insisted that the Doha negotiations must yield the desired results in favour of the Least Developing Countries (LDCs) whose fragile economies he said were pegged on the outcome of the talks.
He asked the developed nations who appeared to have stagnated the negotiations over matters pertaining to market accessibility to reconsider their stance to resolve the stalemate.
"We urge all members particularly the major players to engage constructively in the negotiations so that the remaining issues can be resolved to pave way for the conclusion of the Doha Round of Trade negotiations" Odinga said.
On local issues the premier said the inception of the round table sessions with the private sector was paying after the government reduced red tapes through initiation of reforms in the licensing sector.
He also underscored the need for ministries to hold regular talks with the business community to streamline their operations by designating a stakeholder Forum Desk Officers to liaise with KEPSA.
Odinga announced government plans to spend Ksh 100 billion towards increasing the national per capita water storage capacity through construction of 25 dams in a bid to restore the degraded water catchment areas.
Ministers Present included Prof. Anyang Nyongo, Charity Ngilu, Chris Obure and several Permanent Secretaries.

Missing varsity student bank account active, police say

y CYRUS OMBATIPolice have established that a bank account belonging to the missing University of Nairobi student Peter Kamau Gikonyo is active two weeks after he disappeared.
Police say Gikonyo’s account was active as late as March 28 and a withdrawal of money was made at a Mombasa bank branch. Gikonyo went missing on Friday March 18 from the university and his whereabouts remain unknown.
Detectives investigating the incident revealed they are yet to know who made the withdrawal. Police got a court order to investigate the issue but did not reveal how much money was withdrawn.
Nairobi PPO Anthony Kibuchi (left) address University of Nairobi students along Uhuru Highway in Nairobi on March 30 as they protested the disappearance of their colleague. [PHOTO: BONIFACE OKENDO]
Police spokesman Eric Kiraithe said on Thursday they want to establish whether there is any criminal offence involved in his disappearance.

"We shall be working with the University of Nairobi to find Peter. Our investigators have cause to believe that some of his friends and colleagues who are protesting could be in possession of information which can help solve this case," said Kiraithe.
Traffic jam
His disappearance led to a protest by a section of students that caused destruction of property and led to massive traffic jam in the city.
The jam caused pain to some motorists who stayed on the road up to midnight on Wednesday.
"Some school children arrived home at midnight while motorist including ambulances were delayed for long periods because of the student strike. We cannot continue to live that way in the name of freedom," said Kiraithe.
He said the fruits of the new constitution could only be realised if we collectively commit ourselves to the rule of law.
He added that three men are awaiting to be charged with murder over the death of the late Dennis Omondi Adari, an engineering student at the university.

Kenya challenges Ocampo Six cases

Attorney General Amos Wako. Kenya has filed an application with the International Criminal Court seeking a determination that the post election violence cases are inadmissible before the court March 31, 2011. FILE
Attorney General Amos Wako. Kenya has filed an application with the International Criminal Court seeking a determination that the post election violence cases are inadmissible before the court March 31, 2011. FILE
By NATION Reporter
Posted  Thursday, March 31 2011 at 16:39

Kenya has filed an application with the International Criminal Court seeking a determination that the post election violence cases are inadmissible before the court.
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The government filed the application Thursday pursuant to Article 19 of the Rome Statue that established the ICC.
"This is to confirm that Counsels, Sir Geoffrey Nice Q.C. and Rodney Dixon, Barrister-at-Law have today, on behalf of the Government of Kenya, filed an application pursuant to Article 19 of the Rome Statute establishing the International Criminal Court (ICC), respectfully requesting the Pre-Trial Chamber to determine that the two cases currently before the ICC are inadmissible before the ICC," said a statement from Attorney General Amos Wako's office.
Under Article 19, a State may challenge the admissibility of a case before the ICC on grounds that it is investigating or prosecuting the case in question or has investigated or prosecuted the said case.
This opportunity is only afforded once.
The two British lawyers have been retained by government to lead efforts to challenge the admissibility of the cases facing the Ocampo Six. The two held their first meeting with Mr Wako two weeks ago in Nairobi.
Mr Wako told the Sunday Nation that they lawyers were here to "form a preliminary opinion on the various issues before I can confirm their appointment".
“I want to handle this professionally, and I want an opinion from people who have practised before the ICC. I want an informed opinion.”
Deputy Prime Minister Uhuru Kenyatta, Head of Civil Service Francis Muthaura, former Police Commissioner Hussein Ali, Eldoret North MP William Ruto, his Tinderet counterpart Henry Kosgey and radio presenter Joshua Sang have been accused of committing crimes against humanity during the post-election violence in 2007-2008.
They are expected to make an initial appearance at The Hague on April 7 and 8.
The two British lawyers tapped by the State Law Office have extensive legal experience in England and have also practised international criminal law.

Raila denies hate speech claims

Prime Minister Raila Odinga has denied accusations of engaging in hate speech in a letter to the National Cohesion and Integration Commission. FILE
Prime Minister Raila Odinga has denied accusations of engaging in hate speech in a letter to the National Cohesion and Integration Commission. FILE
By PETER LEFTIE
Posted  Thursday, March 31 2011 at 15:02

Prime Minister Raila Odinga has denied accusations of engaging in hate speech.
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In a letter to the National Cohesion and Integration Commission, the PM through his Chief of Staff, Caroli Omondi, denied that his utterances at various public functions amounted to hate speech and threatened peace and harmony in the country.
He termed a notice from the Commission warning him against engaging in such utterances as "erroneous".
"The notice of cessation alleges, quite erroneously that the Prime Minister is involved in actions/conduct likely to affect harmonious and peaceful co-existence within this nation, and that he has used words against other national leaders which action could cause disharmony amongst right thinking citizens of our country,” Mr Omondi said in the PM’s response dated March 24.
“While you rightly acknowledge that the alleged actions/conduct attributed to the Prime Minister were not directed to any particular person, you somewhat again, erroneously conclude that they could excite animosity between communities,’” the letter further stated.
It says that in the absence of specific particulars regarding the complaints made against him, the PM was at a loss as to the contents and implications of the Commission’s letter.
In separate letters to the PM, Eldoret North MP William Ruto and Deputy Prime Minister Uhuru Kenyatta, the commission had accused the three of using demeaning words against other national leaders “which action could cause disharmony to right thinking citizens in the country".
The commission complained that such utterances were likely to cause tension and disharmony ahead of the 2012 elections and asked the leaders to desist from such conduct.
“Take notice that failure to comply with this notice is an offence as provided under section 63(c) as read with section 63(e) of the National Cohesion and Integration Act and is against the provisions and spirit of Chapter 6 of the Constitution,” the commission warned in the letters to the three leaders.
Mr Odinga has been involved in verbal altercations with both Mr Kenyatta and Mr Ruto over the cases facing them at the International Criminal Court (ICC) and the 2012 general election.
Speaking in Parliament last week, Mr Odinga hit out at both Mr Kenyatta and Mr Ruto asking them to appear before the ICC Pre-trial Chamber and face their accusers instead of going round the country protesting their innocence.
The PM has also maintained that the cases be handled at The Hague since Kenya lacked a credible local mechanism. 
Both Mr Kenyatta and Mr Ruto and their supporters have claimed that the cases facing them at The Hague have been politically instigated by Mr Odinga to lock them out of the 2012 presidential race.
They have also demanded that Mr Odinga’s name be included on the list of suspects since he and his party ODM led calls for mass action following the disputed 2007 presidential election, leading to violent confrontations between their supporters and security forces which left thousands dead.

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Capital Talk Benard Otieno Part 2

Capital Talk Benard Otieno Part 3

Capital Talk Benard Otieno Part 4

Capital Talk Richard Omwela Part 1

Capital Talk Richard Omwela Part 2

Capital Talk Richard Omwela Part 3

Capital Talk Richard Omwela Part 4

Govt to push ahead with NHIF scheme

United Women's SACCO marks 10th Anniversary

AMB. FRANCIS MUTHAURA HAS NOT CONTEMPLATED RESIGNING


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        Last Updated: 30TH/MARCH/2011
Printable version

Head of Public Service & Secretary to the Cabinet, Amb. Francis Muthaura, wishes to inform Wananchi that a report in the media that he plans to resign is mere speculation.

The reports are news to Amb. Francis Muthaura because no journalists have talked to him about the issue. Quoted unidentified sources, supposedly from the Office of the president, are either liars with political agendas or ghots manufactured by media.

Amb. Francis Muthaura has not comtemplated resigning and has no problem fulfiling the conditions given by the International Criminal Court (ICC).

On a related issue, there has been speculation that summoned individuals may be arrested when they respond to their summons at the Hague.

This is not accurate because as per international law and basically all laws, you cannot be arrested or held unless you have been indicted.

The summoned have not been charged and the decision to either charge them or not has to come after they have presented their side of the story and a decision is made, several months later.

Therefore, the issue of their arrests is null and void and is just being perpetuated to put undue pressure to them for no- ICC related objectives.

Dr. Alfred N. Mutua, EBS
PUBLIC COMMUICATIONS SECRETARY &
GOVERNMENT SPOKESPERSON

March 30, 2011,
MOMBASA

Cartoon - 31.03.11

ICC: Ocampo six to shed fancy life at Dutch airport

By Martin MutuaThe harsh reality of being accused of serious international crimes has dawned on the 'Ocampo Six' after learning they might not travel for their confirmation hearings at The Hague on April 7 and 8 using normal visas.
The hearings are to determine if there are sufficient grounds to charge the six with the crimes they are accused of by International Criminal Court (ICC) Prosecutor Luis Moreno-Ocampo.
The revelations sparked a disagreement between the governments of Kenya and The Netherlands, with the latter insisting on sticking to international law and precedence by treating the six as "high risk personalities" and issuing them with "special passes" instead of normal visas.
The Government has threatened to block the six from travelling to The Netherlands unless they receive visas. If unresolved by the time of their scheduled court appearance next week, the standoff could trigger the issuing of arrest warrants for them by the ICC judges.
The Dutch want the Government to adhere to precedence regarding suspects summoned to The Hague. Though not under arrest, and despite not having been formally charged, they want the six to get special passes that severely limits their movements once in The Hague. Once at the court, they are to be bonded to ensure they attend future hearings. If the Dutch stick to their guns, things could get worse. For most of the suspects used to a fancy and comfortable lifestyle, with staff at their beck and call and access to the best, there would be no special favours. Once they step off the plane and onto the tarmac at Schiphol Airport in Amsterdam, armed special police would quickly whisk them away to a secret and secure location assigned by the court for the duration of their stay.
The location is confidential and considered an extension of the court. This precedent was set when Bahr Idriss Abu Garda of the Zadhawa tribe of Sudan received summons to appear before the judges of Pre-Trial Chamber I. He was accused of war crimes in Darfur, Sudan and later charged on three counts.
As in the case of the Ocampo Six, the judges were satisfied he would appear before the court without need an arrest warrant. There were no travel restrictions placed on him. Abu Garda has since been charged with three counts of war crimes allegedly committed in a September 29, 2007, against the African Union’s peace-keeping mission in North Darfur in which 12 soldiers died and eight others were wounded.
Guests of ambassador
The six ICC suspects head to The Hague next week
The Kenya Government had wanted the six suspects to be treated as guests of Ambassador Ruthie C Rono at the Kenyan Embassy in The Netherlands, but those plans are now in disarray.

The six are Deputy Prime Minister Uhuru Kenyatta, Head of the Civil Service and Secretary to the Cabinet, Francis Muthaura, Postmaster General Maj-Gen (Rtd) Ali Mohammed, Eldoret North MP William Ruto, Tinderet MP, Henry Kosgey, and Kass FM radio presenter Joshua arap Sang. "What the Dutch Government had communicated to Kenya is that we are supposed to be picked from the airport under armed guard and taken straight to our hotel," added one of the six, who requested anonymity. All the six suspects are said to have protested the move through their lawyers. The Standard was informed that the ICC had written to the lawyers of the six assuring them their travel arrangements would be facilitated.
"Today our lawyers have just told
us that the ICC has written to them assuring
us that we shall get the visas
and our movements will not be restricted,"
added one of the six.
Yesterday, the ICC told The Standard
it was not aware of plans to restrict the movement of the six when they arrive in The Netherlands. "The six individuals in question are free to make their own arrangements in The Netherlands, and will not be escorted to their hotel by security" said ICC Associate Legal Outreach Officer, Jelena Vukasinovic. She said the six are supposed to make their own arrangement and "will simply have to turn up at the Court at the appropriate date and time," where they would be bonded. Vukasinovi also said that the court had received Sang’s request for aid to travel to The Hague.
"The Court has just received the application of Mr Sang for legal aid and we are liaising with his lawyers to ensure that all information needed to make a prompt determination is provided by Mr Sang. If Mr Sang is deemed indigent the legal and other fees connected with his initial appearance would be covered," she said. The Standard has learnt that Kosgey placed his application for a visa on December 17, but to date he has not been issued with one. His aides said the Dutch Embassy in Nairobi informed him the processing of the visa would take about three days but he is yet to get it.
On Tuesday, the embassy said nobody had applied for a visa to travel to The Netherlands in connection with the ICC cases against the six individuals. But 35 MPs allied to Uhuru and Ruto claimed to have applied for visas to accompany the six.
It has emerged that in typical Kenyan fashion, the MPs left it to the last-minute to file their applications, hence the delay. According to a covering letter by the Clerk of the National Assembly Patrick Gichohi to the Dutch Embassy, the MPs are seeking to be granted visas to accompany their colleagues to The Hague.
The First Secretary (Political) at the Dutch Embassy, Camilla Veerman confirmed receipt of the request by the 35 MPs yesterday, as well as another travel request for 43 people from the Kenya Embassy at The Hague.
43 PEOPLE
"We have received a list of 43 people from the Kenyan Embassy at The Hague and they include MPs and other individuals," she added.
Veerman noted that as host country to the ICC, they were duty-bound to facilitate travel arrangements for those with matters before the court. "We are the host country to ICC and we want to be supportive," she added. The embassy official noted the embassy was working to ensure those travelling get their visas on time.
"I can assure you we are processing the visas and they would be issued on request," she added.

High alert as police battle Al Shabaab

By Cyrus Ombati
Somalia’s dreaded Al Shabaab militia crossed into Kenya and attacked a police station.
The attackers launched a rocket-propelled grenade on the Liboi Police Station at the Liboi border in, North Eastern, but no injury was reported.
Authorities said police, who were caught unaware by the attack, repulsed the militia.
"We believe there were injuries on their side because they escaped soon after police responded," said a senior officer, who asked not to be named.
Latest target
Police said they recovered a rocket and several spent cartridges of G3 rifle. The attack is the latest targeted on Kenya in four days.
Residents who called The Standard Wednesday said there was tension at the border following the attack, with more security personnel being moved to the area. Area police chief Leo Nyongesa declined to comment on the attack but said security had been beefed up. The incident came days after a GSU officer was shot and injured in a clash with the militia group.
Contingents of General Service Unit officers had, a week earlier, crossed to Somalia and killed at least a dozen of Al Shabaab militants in another clash at the border.
This was after the militants allegedly fired at the Kenyan side and hit and damaged a water tank at a GSU camp at the main border.
And in retaliation, the rag tag launched an attack on the personnel. Security chiefs in the province were in meetings yesterday in Garissa to chart out the way forward.
There has been fighting pitting forces loyal to the Transitional Federal Government and the militia over control of Dobley town. Kenyan troops were have been mobilised to the Liboi border to control an influx of refugees as the fighting raged.

Kibaki orders release of 6,942 prisoners

By Athman AmranPresident Kibaki has released 6,942 prisoners to decongest penal facilities.
According to a press release from Government Spokesman Alfred Mutua, the President signed the order to release the 3,050 petty offenders, 2,828 first time offenders of good conduct, and 1,064 ordinary prisoners of good conduct two days ago.
"This is in keeping with a reform programme by the Government through the Ministry of Home Affairs to ensure that our jails are not crowded," Mutua said.
He added the move was also part of efforts to ensure prisons are viewed as rehabilitation centres, and not just punishment centres.
Dr Mutua said the Government is holding 51,286 people either as convicted prisoners or suspects in remand.
"It is very expensive to hold prisoners. The cost of food alone per year to feed prisoners is more than Sh1.7 billion," he said.
The spokesman said if this cost is added to that of accommodation, medical treatment, clothing and staff among others, it becomes a huge burden to the taxpayer.
"Therefore, the Government is urging the courts to consider giving more non-custodial sentences for minor offences to reduce crowding," Mutua said.
The Government at the same time protested a report released on Tuesday by the Kenya National Commission on Human Rights, which claimed prisoners were still living in bad conditions.
Status of human rights
The report on the status of human rights in penal institutions said torture was prevalent while prison warders’ welfare, including housing, medical and uniform was not being taken care of.
"The report can only be viewed as a political statement with a certain partisan agenda, bearing in mind that the Prisons Department will be celebrating its 100 year anniversary next week," Mutua said in a press statement.
He said major changes have occurred in the department since 2008.

House approves mini budget despite initial opposition

The Government obtained Parliament’s approval to spend an extra Sh34.5 billion to fund public operations for the next three months, after overcoming initial opposition to the supplementary budget.While contributing to debate on the Motion moved by Finance Minister, Uhuru Kenyatta, five MPs had opposed the supplementary estimates, citing the Treasury’s failure to factor in some withheld Constituency Development Funds.
However, Uhuru convinced members to approve the mini-budget, which contains extra funding for drought mitigation, implementation of the new Constitution and enhancing security to counter terror threats.
When the Motion was put to a verbal vote, those in favour won.
Earlier, MPs Abdi Nuh (Bura), John Mbadi (Gwassi), Martin Ogindo (Rangwe), Gideon Konchellah (Kilgoris) and Oyugi Magwanga (Kasipul-Kabodo) had called for the withdrawal of the supplementary estimates citing CDF arrears amounting to Sh5.1billion.
But when Uhuru rose to respond to the concerns, he clarified the arrears amounted to Sh1.8 billion.
"I give Parliament my personal assurance that this issue would be redressed once and for all in the upcoming financial year of 2011/2012," Uhuru added.
The minister said the Treasury would continue discussions with the CDF committee to ensure all other pending matters were put to rest.
Apart from CDF, Mbadi had added another twist claiming two allocations were suspect and could be linked to shuttle diplomacy and the anti-International Criminal Court campaign.
Mbadi said foreign travel allocation for the Home Affairs docket overseen by Vice-President Kalonzo Musyoka had shot up from Sh60 million to Sh260 million. He claimed the additional funds were meant to foot the bill for the shuttle diplomacy to lobby deferral of Kenya’s ICC cases.
National security
Further, he alleged Sh900 million additional funds to National Security Intelligence Service could be "meant for something the Government wants to hide from the country".
But Uhuru assured the House that the relevant parliamentary committee was free to obtain details on the NSIS allocation from the line ministry.
Internal Security Minister George Saitoti supported Uhuru, saying he had also explained well the security-related allocations meant to boost security services.
Other MPs backing the Motion said it would be insensitive to reject the supplementary budget because it contains extra funding to help starving Kenyans and to resettle IDPs.
Chairman of Finance Committee, Chris Okemo, however, regretted the budgetary cuts targeted development allocations that would undermine growth.
In total about Sh14 billion was shaved off from the Sh222.6 billion development budget meant for projects like building infrastructure.
Uhuru blamed the poor implementation of the budget on reporting problems by line ministries and delays in disbursements by donors.
—Reporting by Alex Ndegwa and Peter Opiyo

Sang raises Sh500,000 to help pay for his trip to The Hague

By Vincent Bartoo

A fundraiser in aid of Kass FM presenter Joshua arap Sang in Eldoret raised Sh500,000, with another Sh1 million from his employer. During the fundraising, leaders took cue from Eldoret North MP William Ruto, rejecting help from ODM to assist the Ocampo Six. They also announced that some of them were making arrangements from the grassroots to accompany the Ocampo Six to The Hague. They included Eldoret Mayor William Rono, Wareng County Council Chairman Paul Kiprop, former Eldoret South MP Jesse Maisz and Rivatex Managing Director David Tuigong. Speaker after speaker lashed out at ODM, blaming the party for the woes bedeviling Ruto, Sang and Tinderet MP Henry Kosgey.
Another fundraising meeting is scheduled for this evening at the Nairobi Railways club.
Sang put up a paid advertisement in the daily newspapers titled, ‘In Support of Arap Sang’, where he appealed for financial support.
"Following the ICC case, and subsequent sermons requiring me to travel to The Hague, the cost to meet my travel and legal expenses is beyond my capability," it read in part.

SHORTAGES

The cutting edge

By THE WATCHMAN
Posted  Wednesday, March 30 2011 at 18:45

REPAIR THIS ROAD. The Zambezi-Kari road, a stretch of hardly five kilometres, is so dilapidated that it takes 30 minutes to cover it and yet there is never a traffic jam, moans Jane W. Following talk about a tender for the road’s repair, Jane says there was some hope, but there has been no sign of a contractor. Private cars and motor vehicles belonging to Kari, Kefri, Ketri and Kephis, all vital research institutes, continue to take a beating. “Can someone come to our aid before funds are returned to the Treasury?” she pleads.
---------------------------
THEY'RE IN TRAINING. The people that Benedict Omija saw on Airport North Road in Nairobi were guards doing their physical training in full uniform, says G4S managing director John Wheater. He adds: “We run a training academy for our new security officers. During the training, all the recruits must be in full uniform. And they are not deployed until they are certified as having met our training requirements. We consider personal hygiene an important aspect and our training module adequately covers the subject.”
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I WANT TO PAY. A beneficiary of the Higher Education Loans Board, Isaac Kiplagat, cannot understand why its officials won’t assist him to start repaying his loan, which has been outstanding since he graduated in 2006, as his letters and emails have gone unanswered. “HELB lists Michael Mbotu and Alice Ayonga as my account relationship officer and supervisor respectively, yet none of them will reply to my emails. So, how am I expected to repay this loan?” His contact is ikiplagat@yahoo.com.
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WHAT'S WITH THE VAT? Linda Mwangi has issues with how KPLC charges its 12 per cent Value Added Tax (VAT). Says she: “I would have expected VAT to be charged on some standard measure, but when I look at my electricity bills over the past year, I see that it is sometimes levied only on the fixed charge of Sh240. At other times it’s on the fixed charge plus all other entries on the bill. My question is who, how and what determines how this is done.” Her account is 0226618 and her contact, linda@capstone.co.ke..
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THIS IS EXPLOITATION. Now working in Tanzania, Anthony Kamau, is quite unhappy about the high regional mobile telephone charges. In the spirit of the East African Community, he says, he had hoped that calls would be cheaper. “But Safaricom is now charging me to receive calls. To make a call to a fellow Safaricom subscriber in Kenya, I’m charged Sh28.50 a minute. To receive a call they charge the same. No wonder they make supernormal profits at our expense.” His contact is Tel. 0721419160 or anthonynk@yahoo.com.
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CURIOUS POPULARITY. Why the sudden interest in geography on the streets of Nairobi? poses a reader. He says he has noted many hawkers on the streets trying to persuade motorists to buy maps of Nairobi, Kenya, East Africa, Africa, and the world. “Why now? What is new about planet earth that we need to know? Is it about the scarcity of land? Surprisingly, the maps are appearing on the streets when geography has become one of the most unpopular subjects in high schools. Who can explain this paradox?”
Have an interesting day, won’t you!

Student exchanges to bridge quality gaps in education, says Raila

Prime Minister Raila Odinga with former British Prime Minister Tony Blair after he presented him with the book, Best of Kenya, on Marchc 30, 2011 in Dubai, UAE. The two were attending a world education forum. Photo/PMPS
Prime Minister Raila Odinga with former British Prime Minister Tony Blair after he presented him with the book, Best of Kenya, on Marchc 30, 2011 in Dubai, UAE. The two were attending a world education forum. Photo/PMPS
By NATION CORRESPONDENT
Posted  Wednesday, March 30 2011 at 21:46

Prime Minister Raila Odinga has called for increased exchange programmes between institutions in developed and developing countries.
Mr Odinga said this would help bridge gaps in access to quality education.
The Prime Minister, who was addressing the 2011 Education Without Borders World Forum in Dubai, UAE, said that although Kenya was struggling to provide universal access to education, quality remained a big challenge.
Advances in technology
He said whereas advances in technology had broken down barriers that once kept countries and markets apart, a divide still existed in access to quality education.
“Today, we live in a world where good jobs are no longer local affairs. This means a child learning in Kenya is directly competing with others in the United Arab Emirates, UK, US and China. This requires that children access the same quality of education,” he said.
Mr Odinga challenged global corporations looking for employees on a global scale to invest in quality education as a way of investing in the future of their businesses.
He said Kenya was putting emphasis on creating the physical infrastructure for learning and also providing incentives for pupils to remain in school.
He said the emerging world called for fundamental changes in education to ensure those graduating from schools were trade literate, sensitive to foreign cultures, conversant in different languages, technology savvy, capable of managing complex issues and are citizens who upheld high ethical and moral ideals.
“Business as usual cannot produce the desired results,” he said. The one-week conference was opened by former British Prime Minister Tony Blair, who said access to education alone was not enough if it lacked quality and relevance.

Kibaki to pitch deferral of Hague cases to UN boss

President Kibaki and UN Secretary General Ban Ki moon at the UN headquarters in New York, USA on September 25, 2009. On Wednesday, sources close to the Office of the President said Mr Kibaki would discuss the deferral with Mr Ban.  Photo/ FILE
President Kibaki and UN Secretary General Ban Ki moon at the UN headquarters in New York, USA on September 25, 2009. On Wednesday, sources close to the Office of the President said Mr Kibaki would discuss the deferral with Mr Ban. Photo/ FILE
By NATION REPORTERS
Posted  Wednesday, March 30 2011 at 22:29

President Kibaki will on Thursday ask the United Nations boss Ban Ki-moon to support the bid to defer the cases against the Ocampo Six.
Related Stories
Mr Ban, who arrived in the country on Wednesday evening, will also meet Prime Minister Raila Odinga — who is opposed to the request.
“The visiting UN secretary-general will hold bilateral talks with President Kibaki at Harambee House in the morning,” said the Presidential Press Services.
The PM’s adviser, Mr Salim Lone, said the PM would meet Mr Ban on his own.
“The PM will discuss the reforms including the implementation of the new Constitution. He is likely to raise the challenge that Kenya and the coalition government face, not necessarily the deferrals,” he said.
Mr Ban is in the country until Saturday for a meeting of heads of UN agencies.
The visit comes against the backdrop of efforts to convince the UN Security Council to ask the International Criminal Court (ICC) to suspend the cases against the suspects for a year to pave the way for a local mechanism to try the suspects.
The ICC has summoned Mr Uhuru Kenyatta, Mr William Ruto, Mr Henry Kosgey, Mr Francis Muthaura, Maj-Gen Hussein Ali and Mr Joshua Sang to The Hague for an initial appearance on April 7 and April 8 on charges related to the post-election violence.
On Wednesday, sources close to the Office of the President said Mr Kibaki would discuss the deferral with Mr Ban.
“It is a matter that definitely will come up when the President informs the UN secretary-general about the reforms that have so far been taken,” said the source.
They will be meeting seven days after Kenya’s permanent representative to the UN in New York, Mr Macharia Kamau, for the second time, wrote to the Security Council seeking a deferral of the trials.

MPs given two weeks to pass poll body Bill

President Kibaki meets with members of the Commission on the Implementation of the  New Constitution at Harambee House  office, Nairobi March 30, 2011. Photo/PPS
President Kibaki meets with members of the Commission on the Implementation of the New Constitution at Harambee House office, Nairobi March 30, 2011. Photo/PPS
By PETER LEFTIE pmutibo@ke.nationmedia.com
Posted  Wednesday, March 30 2011 at 22:16

The team implementing the new Constitution wants laws relating to political parties and elections passed in two weeks so that planning for 2012 can get under way.
Related Stories
Other urgent laws establishing various constitutional bodies must be in place by May 31, the team said.
The Commission on the Implementation of the Constitution (CIC), in its first quarterly report released on Thursday, called on MPs to enact Bills to establish the Independent Elections and Boundaries Commission (IEBC), the Supreme Court and the Commission on Revenue Allocation.
CIC wants the Bill establishing the IEBC passed by April 15 to enable the body to commence its work. Other Bills relating to elections and political parties should be concluded by early May.
On the Supreme Court Bill, the commission notes: “This Bill is so urgent so as to conclude the judicial reforms in time for the General Election.”
Other Bills the commission wants published by end of April are the ones establishing the independent offices of the Auditor-General and Controller of Budget so that the holders are appointed immediately.
The commission also terms as urgent laws on devolution, National Police Service, Public Finance, Leadership and Integrity, the Public Service Commission, Citizenship and the National Land Commission.
It says the laws on devolution, national police service and leadership and integrity are urgent because they have a critical impact on the management of the 2012 elections.
The report was handed over to President Kibaki on Thursday by the CIC chairman, Mr Charles Nyachae.
The commission cited various political challenges that were slowing down the enactment of key laws required to implement the new Constitution.
The challenges included divisions between the coalition partners. “The existence of the Grand Coalition Government requires high levels of consensus on decisions by the Executive.
“During moments when the coalition partners have political differences, the differences manifest themselves in the making of key decisions of national importance. Such differences inevitably delay the progress of implementing the Constitution,” the commission said.
The report also cited the controversy that followed President Kibaki’s nominations to the offices of the Chief Justice, Attorney General, Director of Public Prosecutions and the Controller of Budget saying it had caused delays in the setting up of the offices.
“The disharmony within the government has had an effect on perceptions towards the CIC by different political players.
At different times, the actions of the commission, however well meaning, are regarded as aimed at, or having the effect of, supporting or not supporting a given political preference,” the report further states.
The commission recommended that both the President and the Prime Minister remain steadfast in providing leadership in the implementation of the Constitution by championing “the protection of the implementation process from any delays or other adverse consequences arising from such differences”.
The commission further asked the political leadership to adopt a bipartisan approach on matters relating to the implementation of the Constitution.
“In this regard, Parliament is requested to facilitate faster processing of the priority laws during this session to ensure the setting up of the institutions and systems required for implementation of the Constitution.”
Further, it wants urgent action by various organs working on county governments to ensure they are operational after the next general elections.

Lawyer in Mboya murder case dies

Samuel Waruhiu
Samuel Waruhiu. Photo/FILE
By JOHN KAMAU jkamau@ke.nationmedia.com
Posted  Wednesday, March 30 2011 at 22:20

When he appeared at the High Court in 1969 as the lawyer for Nahashon Isaac Njenga Njoroge — the man accused of killing Tom Mboya — Samuel Waruhiu was at best a novice.
He said as much. Mr Mboya was the Minister for Economic Planning and Kanu secretary-general.
Two years earlier, Mr Waruhiu had arrived in the country bubbling with energy having graduated with a law degree from the University College of Wales.
But he was not prepared to handle a case that was to throw him into the centre of politics and law in Kenya.
Mr Waruhiu, who died on Wednesday in Nairobi, had been called to the bar in 1967 at Middle Temple and was returning to Kenya to join a small army of African lawyers and political elites, who were shaping the path of a new nation.
But the Mboya crisis and Cold War politics had torn the government of President Jomo Kenyatta and divided the nation further as the succession struggle took a nasty path.
In the political jumble, Mboya was assassinated and the young Waruhiu, who was not even a criminal lawyer, was approached by Njenga’s wife, Grace, to take up the case “otherwise you (Waruhiu) would not live”, he was warned.
That must have been threatening given that his father Chief Kung’u Waruhiu had been assassinated on October 7, 1952 triggering Governor Everlyn Baring’s declaration of a State of Emergency in Kenya.
Although he lost the Njenga case, Mr Waruhiu’s stature rose like a meteor. At the African Club, on modern day Monrovia Street in Nairobi, he would hobnob with other elite and beneficiaries of Mboya’s airlifts to US universities.
When free he would retreat to playing golf at the Sigona club. He became the first African chairman of Sigona Golf Club in 1974.
But it was his entry into the boardrooms of blue-chip companies — and at a young age — that catapulted him to riches.
He was by 1974 the chairman of Old Mutual and by 1990s he was chairman of Barclays Bank.
Mr Waruhiu had earned respect among powerful Kiambu politicians, and especially President Kenyatta, who had lots of respect for his late father.
It was at the elder Waruhiu’s funeral that Kenyatta attended one of his last public meetings before he was arrested.
That Mr Waruhiu would be headed for big, albeit controversial, tasks in the Kenyatta government emerged when he returned to Kenya in 1967.
That year he was picked to chair a board of inquiry that was to recommend on the composition of Teachers Service Commission and the place of Kenya National Union of Teachers.

Daily Inspirations