Speaker Kenneth Marende on Thursday allowed Parliament to discuss the annulment of Justice Aaron Ringera's re-appointment, despite two cases pending in court on the same matter.
Mr Marende ruled out claims by Justice Minister Mutula Kilonzo that discussions of a report by a joint parliamentary committee would amount to sub-judice saying that the House had already started discussions on the matter before two cases against the re-appointments were filed.
“The House will not give jurisdiction of the matter easily because some litigation has commenced on the matter. To hold otherwise would be to invite every person apprehensive on the action the government might make on any matter to head to court and derail the House,” he said.
“A presumption should exist in favour of allowing debate in the House as opposed to suppressing debate.”
The Speaker however warned that members should be careful in their discussions not to follow a “domain that is outside what is legitimately the province of the House.”
Mr Marende is expected to give directions on Parliament's mandate to discuss issues that are before court, in the face of the existing rule which bars such action.
“In such a case the chair will call them back to line,” he said.
However attempts by two legislators to allow the House to immediately embark debate on the matter were ruled out by the Speaker. Chepalungu MP Isaac Ruto and his Kisumu West counterpart Olago Aluoch had requested the Speaker to by-pass debate on the Mau forest report to instead discuss the report on Justice Ringera.
Justice Minister Mutula Kilonzo on Tuesday challenged debate on a report that was tabled in the House rejecting Justice Ringera's appointment, saying it would prejudice the cases which are pending before the High Court. The report concluded that President Mwai Kibaki violated the law when he by-passed Parliament and the Kenya Anti Corruption Commission's Advisory Board on the appointment.
Besides annulling the re-appointment the House plans to withhold salaries of Justice Ringera and his two deputies Smokin Wanjala and Fatuma Sichale. The chairman of the Justice and Legal Affairs committee Abdikadir Mohammed has already given a notice of a Motion of amendments to the Appropriations Bill to block salaries of the three directors.
On Wednesday, the Justice Minister stood by Justice Ringera, arguing that MPs were protesting the re-appointment since they are under investigation by the KACC. He tabled a list of seven Ministers, eight MPs and other top government officials under investigations in a bid to defend Mr Ringera's credibility.
The law requires that anyone appointed as Director or Assistant Director be selected by the KACC Advisory Board and approved by Parliament before appointment by the Head of State. Whereas the law allows for re-appointment for another term it fails to state whether the same person should be subjected to the entire process.
Mr Kilonzo had argued that the President had powers to re-appoint the director without the usual vetting, whereas MPs maintain that appointments or re-appointments should follow the same criteria by undergoing vetting by the National Assembly and the Advisory Board.
The two cases have now been set for hearing on September 15.
Thursday, September 10, 2009
DC DIES IN ACCIDENT
Rachuonyo South District Commissioner (DC) Ms Veronica Wambi has died following a fatal road accident near Harambee Market along the Kendu Bay-Katito road.
Nyando DC Mr. Isaac Tonui and Officer Commanding Police Division (OCPD) Mr. Partrick Mbarire said the DC died at the Aga Khan Hospital in Kisumu while undergoing treatment.
Mr. Tonui said the official vehicle in which the DC was traveling in lost control after it hit and killed a teenage cyclist, before ramming onto an incoming private vehicle.
Five passengers in the private vehicle were seriously injured and rushed to Pap Onditi Sub District Hospital in Nyakach district.
Ms Wambi, long serving District Officer and senior District Officer at Nyando District headquarters was three months ago promoted and posted to Rachuonyo South as DC.
The DC's driver escaped unhurt.
Nyando DC Mr. Isaac Tonui and Officer Commanding Police Division (OCPD) Mr. Partrick Mbarire said the DC died at the Aga Khan Hospital in Kisumu while undergoing treatment.
Mr. Tonui said the official vehicle in which the DC was traveling in lost control after it hit and killed a teenage cyclist, before ramming onto an incoming private vehicle.
Five passengers in the private vehicle were seriously injured and rushed to Pap Onditi Sub District Hospital in Nyakach district.
Ms Wambi, long serving District Officer and senior District Officer at Nyando District headquarters was three months ago promoted and posted to Rachuonyo South as DC.
The DC's driver escaped unhurt.
Wednesday, September 9, 2009
Mutula on Ringera
The minister for constitutional affairs Mutula Kilonzo dismissed the perception that the embattled Ringera had failed in his fight against graft as false.
Supporting his argument Mutula tabled a list of 8 cabinet ministers, 4 MPs, 11 permanent secretaries and CEOs of various government institutions who have been implicated in graft and their names forwarded to the Attorney General for prosecution.
Supporting his argument Mutula tabled a list of 8 cabinet ministers, 4 MPs, 11 permanent secretaries and CEOs of various government institutions who have been implicated in graft and their names forwarded to the Attorney General for prosecution.
Magara Attack
south Mugirango member of parliament Omingo Magara sought a personal statement from the house on his personal security following petrol bomb attacks at his home.
Magara argued that his security and that of his family was in danger and thus asked the government for an increased security.
Magara argued that his security and that of his family was in danger and thus asked the government for an increased security.
Mutula defends Ringera
The minister for constitutional affairs Mutula Kilonzo dismissed the perception that the embattled Ringera had failed in his fight against graft as false.
Supporting his argument Mutula tabled a list of 8 cabinet ministers, 4 MPs, 11 permanent secretaries and CEOs of various government institutions who have been implicated in graft and their names forwarded to the Attorney General for prosecution.
However Gwasi Member of Parliament John Mbadi wanted the minister to declare his interest on the matter.
Mutula in his defence said by virtue of the Ringera being mentioned constantly in the house over the alleged under performance of the graft body he had a right for his side of the story to be heard.
Supporting his argument Mutula tabled a list of 8 cabinet ministers, 4 MPs, 11 permanent secretaries and CEOs of various government institutions who have been implicated in graft and their names forwarded to the Attorney General for prosecution.
However Gwasi Member of Parliament John Mbadi wanted the minister to declare his interest on the matter.
Mutula in his defence said by virtue of the Ringera being mentioned constantly in the house over the alleged under performance of the graft body he had a right for his side of the story to be heard.
Raila under fire
The operations of the Efficiency Monitoring Unit (EMU) and the inspectorate of state corporations have investigated 14 public institutions for various misdeeds this year.
Prime Minister Raila Odinga says the body is mandated to advise the government on effective running of the state institutions as well as investigating the performance and management of such institutions.
According to Odinga among the institutions that have been investigated is the Kenya Tourism Board whose CEO and the Permanent secretary in the minister had their services terminated.
However the prime minister was at odds to explain the recent appointment of Maj. General Hussein Ali as the postmaster general. Gichugu Member of Parliament Martha Karua sought to know if the president consulted him and the postal corporation board before appointing Ali to the post.
Before his appointment as the Post Mater General Ali was the police commissioner.
Karua argued that the matter was of great national importance as the country grapples with yet another controversial appointment of the Kenya Anti Corruption Commission Czar Aaron Ringera.
The Prime Minister however conceded that he had been consulted.
Prime Minister Raila Odinga says the body is mandated to advise the government on effective running of the state institutions as well as investigating the performance and management of such institutions.
According to Odinga among the institutions that have been investigated is the Kenya Tourism Board whose CEO and the Permanent secretary in the minister had their services terminated.
However the prime minister was at odds to explain the recent appointment of Maj. General Hussein Ali as the postmaster general. Gichugu Member of Parliament Martha Karua sought to know if the president consulted him and the postal corporation board before appointing Ali to the post.
Before his appointment as the Post Mater General Ali was the police commissioner.
Karua argued that the matter was of great national importance as the country grapples with yet another controversial appointment of the Kenya Anti Corruption Commission Czar Aaron Ringera.
The Prime Minister however conceded that he had been consulted.
Ali Out
President Mwai Kibaki has appointed Mr Mathew Iteere as the new Police Commissioner.
Before this appointment, Mr. Iteere was serving as the Commandant of the General Service Unit in the Police Force.
Major General Hussein Ali has been moved to the Postal Corporation of Kenya as its Chief Executive Officer/ Post Master General.
Ali's former deputy Mr Lawrence Mwandime is the new Senior Deputy Secretary in the Ministry of Livestock Development.
The changes according to a statement from the presidential press service take effect immediately.
The President has also named Mr Simeon Karanja Gatiba as the Director of Criminal Investigations Department (CID) and Mr Peter Eregai to be his deputy.
In other changes within the police force, President Kibaki appointed the following: Mr Francis Omondi Okonya as Senior Deputy Commissioner of Police I, Mr Julius Kangara Ndegwa, Senior Deputy Commissioner of Police II, in charge of Operations and Mr Jonathan Kipkurui Koskei, Senior Deputy Commissioner of Police II, in charge of Reforms.
Other appointees are: Mr Bakari Omar Jambeni, Senior Deputy Commissioner of Police II, in charge of Logistics, Mr Peter Kilonzo Kavila, Senior Deputy Commissioner II and Commandant Kiganjo Police Training College
Dr Cyrus Njiru, the Permanent Secretary in the Ministry of Trade has been moved to that of Transport while Abdulrazaq Aden Ali takes over from Mr Njiru.
Meanwhile, the Kenya Alliance of Resident Associations (KARA) has welcomed the appointment of Mr. Mathew Iteere as the new Commissioner of Police.
In a statement, the alliance hopes that Mr. Iteere will move with speed to restore public confidence within the force.
"Efficient and effective oversight and implementation of the impending reforms within a force whose image has been tainted ought to be prioritized"
Before this appointment, Mr. Iteere was serving as the Commandant of the General Service Unit in the Police Force.
Major General Hussein Ali has been moved to the Postal Corporation of Kenya as its Chief Executive Officer/ Post Master General.
Ali's former deputy Mr Lawrence Mwandime is the new Senior Deputy Secretary in the Ministry of Livestock Development.
The changes according to a statement from the presidential press service take effect immediately.
The President has also named Mr Simeon Karanja Gatiba as the Director of Criminal Investigations Department (CID) and Mr Peter Eregai to be his deputy.
In other changes within the police force, President Kibaki appointed the following: Mr Francis Omondi Okonya as Senior Deputy Commissioner of Police I, Mr Julius Kangara Ndegwa, Senior Deputy Commissioner of Police II, in charge of Operations and Mr Jonathan Kipkurui Koskei, Senior Deputy Commissioner of Police II, in charge of Reforms.
Other appointees are: Mr Bakari Omar Jambeni, Senior Deputy Commissioner of Police II, in charge of Logistics, Mr Peter Kilonzo Kavila, Senior Deputy Commissioner II and Commandant Kiganjo Police Training College
Dr Cyrus Njiru, the Permanent Secretary in the Ministry of Trade has been moved to that of Transport while Abdulrazaq Aden Ali takes over from Mr Njiru.
Meanwhile, the Kenya Alliance of Resident Associations (KARA) has welcomed the appointment of Mr. Mathew Iteere as the new Commissioner of Police.
In a statement, the alliance hopes that Mr. Iteere will move with speed to restore public confidence within the force.
"Efficient and effective oversight and implementation of the impending reforms within a force whose image has been tainted ought to be prioritized"
Monday, September 7, 2009
Moi against ceremonial president
Daniel Moi has expressed reservation towards a parliamentary system of government.
Moi says such a system which has been proposed by a section of political parties would divide the country further along tribal lines.
He was addressing a peace rally in Rongai constituency.
The retired president said only a presidential system is capable of unifying the country and ensuring proper representation.
He said Kenya was not ready for a ceremonial president and wondered what role such a president would play.
Moi also criticized members of the public service who fail to inject professionalism in their work and urged the government to crack the whip against such workers.
According to Moi, public service code is not being respected anymore by the government and the civil servants are not protected.
Moi says such a system which has been proposed by a section of political parties would divide the country further along tribal lines.
He was addressing a peace rally in Rongai constituency.
The retired president said only a presidential system is capable of unifying the country and ensuring proper representation.
He said Kenya was not ready for a ceremonial president and wondered what role such a president would play.
Moi also criticized members of the public service who fail to inject professionalism in their work and urged the government to crack the whip against such workers.
According to Moi, public service code is not being respected anymore by the government and the civil servants are not protected.
Muite Eviction
Former Kabete MP Paul Muite has issued a statement copied to the police commissioner, Attorney General and the Provincial Police Officer over persistent attempts to have him evicted from his Karen home.
Muite says the latest attempt to evict him were thwarted Monday morning. Muite in the statement says he reads political mischief in attempts to have him evicted from the premises that he says he legally occupies.
He says over the weekend he thwarted yet another attempt by auctioneers to enter his premises a matter he reported to the Karen police station.
He says the would-be evictor was in possession of break in orders given in June 2009 and which had been set aside by the same court, which had granted them.
"...this would be the second attempt of forcible eviction in the absence of an Eviction Order. The previous attempt was under the guise of levying distress for rent when there is no landlord/tenant relationship. In any event, an order for levying distress for rent is not an eviction order," said Muite.
Muite says he is now ready to use all possible means to protect his property including paying for police protection.
"Any attempted illegal eviction will be resisted and is likely therefore to lead to a breach of the peace or even loss of life," he warns.
Muite says the latest attempt to evict him were thwarted Monday morning. Muite in the statement says he reads political mischief in attempts to have him evicted from the premises that he says he legally occupies.
He says over the weekend he thwarted yet another attempt by auctioneers to enter his premises a matter he reported to the Karen police station.
He says the would-be evictor was in possession of break in orders given in June 2009 and which had been set aside by the same court, which had granted them.
"...this would be the second attempt of forcible eviction in the absence of an Eviction Order. The previous attempt was under the guise of levying distress for rent when there is no landlord/tenant relationship. In any event, an order for levying distress for rent is not an eviction order," said Muite.
Muite says he is now ready to use all possible means to protect his property including paying for police protection.
"Any attempted illegal eviction will be resisted and is likely therefore to lead to a breach of the peace or even loss of life," he warns.
Sunday, September 6, 2009
Magara Attacked
Suspected arsonists on Saturday night attempted to petrol-bomb the Nairobi home of Trade Assistant Minister Omingo Magara, only weeks after dozens of leaflets were found in his rural home in Kisii.
The attack occurred at about 9 pm, shortly after the South Mugirango legislator left the compound.
He told reporters on Sunday that his family members were away at the time the incident occurred but workers and security personnel were present when the attackers detonated two of the petrol bombs at his gate.
The area is heavily guarded by police officers deployed to homes of top government officials living there, including that of the embattled Kenya Anti-Corruption Commission Director (KACC) Aaron Ringera.
“I was away at the time. I had just left in an unfamiliar car and perhaps they (arsonists) thought I was still in my house. My family had also gone to do some shopping for children going to school on Monday. That is when I was called and informed that my home had been petrol-bombed,” Mr Magara told reporters who visited his home on Sunday.
Mr Magara who was accompanied by his wife and other family members said the incident has left them shocked, and urged the police to expedite the investigations.
“I commend the police because they responded very fast. They were here in a matter of minutes and started combing the area where they recovered a Jerrican the attackers used,” he said.
A senior police officer at the Ongata Rongai Police station told said that investigations had been launched but no suspect been arrested yet.
“It is a matter we are treating with all the seriousness it deserves. We are pursuing some leads but it is early to disclose all that we are doing, because it can jeopardise the probe,” a senior detective said.
The officer said the Assistant Minister’s home will remain under police guard and revealed that additional security had been given to Mr Magara.
“It is true I have additional security but then what I can tell you for sure is that if my position in terms of articulating issues that I want done is anything to worry anybody else, I am prepared to pay that price because if you are living today and you have no cause that you can put your life out for. Then you have got no reason living,” the Assistant Minister said.
The legislator said he has linked the Saturday night attack to incidents where defamatory leaflets circulated in his rural home in Kisii and Nairobi.
“At first, I didn’t attach much importance on them but now that they are touching on my life and that of my family, I will not take them lightly,” he said.
And he had a warning message to his political detractors and masterminds of the Saturday night attack: “The truth of the matter is that I will have to do what I want to do and I must do it. I don’t want to call it a political arson but now given the hindsight of the leaflets which have been circulating I have no reason but to believe that it has something linked to my political career. But then remember I am a political animal and therefore anything happening you must start by elimination. And I want to look at it that way. There must be thorough investigations."
The attack occurred at about 9 pm, shortly after the South Mugirango legislator left the compound.
He told reporters on Sunday that his family members were away at the time the incident occurred but workers and security personnel were present when the attackers detonated two of the petrol bombs at his gate.
The area is heavily guarded by police officers deployed to homes of top government officials living there, including that of the embattled Kenya Anti-Corruption Commission Director (KACC) Aaron Ringera.
“I was away at the time. I had just left in an unfamiliar car and perhaps they (arsonists) thought I was still in my house. My family had also gone to do some shopping for children going to school on Monday. That is when I was called and informed that my home had been petrol-bombed,” Mr Magara told reporters who visited his home on Sunday.
Mr Magara who was accompanied by his wife and other family members said the incident has left them shocked, and urged the police to expedite the investigations.
“I commend the police because they responded very fast. They were here in a matter of minutes and started combing the area where they recovered a Jerrican the attackers used,” he said.
A senior police officer at the Ongata Rongai Police station told said that investigations had been launched but no suspect been arrested yet.
“It is a matter we are treating with all the seriousness it deserves. We are pursuing some leads but it is early to disclose all that we are doing, because it can jeopardise the probe,” a senior detective said.
The officer said the Assistant Minister’s home will remain under police guard and revealed that additional security had been given to Mr Magara.
“It is true I have additional security but then what I can tell you for sure is that if my position in terms of articulating issues that I want done is anything to worry anybody else, I am prepared to pay that price because if you are living today and you have no cause that you can put your life out for. Then you have got no reason living,” the Assistant Minister said.
The legislator said he has linked the Saturday night attack to incidents where defamatory leaflets circulated in his rural home in Kisii and Nairobi.
“At first, I didn’t attach much importance on them but now that they are touching on my life and that of my family, I will not take them lightly,” he said.
And he had a warning message to his political detractors and masterminds of the Saturday night attack: “The truth of the matter is that I will have to do what I want to do and I must do it. I don’t want to call it a political arson but now given the hindsight of the leaflets which have been circulating I have no reason but to believe that it has something linked to my political career. But then remember I am a political animal and therefore anything happening you must start by elimination. And I want to look at it that way. There must be thorough investigations."
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