JUDICIARY AN OBSTACLE

Prime Minister Raila Odinga has attacked the judiciary as an obstacle to reform after a court ruled it would be discriminatory to entrench Muslim courts in Kenya's constitution.

"I think it is a most unfortunate ruling and mischievous at that," Odinga said in an interview with Reuters, referring to a ruling by a three judge bench on Monday declaring Kadhis' courts illegal.

"This basically has confirmed what we've said ... that our courts are not independent. Our courts themselves are impediments to reform," Odinga said.

"The intentions of this judgment are clear. It is not the Kadhis' courts that they are aiming at. They (the judges) just want to shoot down the entire constitution because it provides for their resignation and vetting at the end of it, and that is what they don't want," he said.

Odinga said he did not believe the court's ruling would harm the campaign in favour of the proposed new constitution, which is backed by the grand coalition, including Odinga and President Mwai Kibaki.

"I think it is actually going to harden the resolve of the people to get a new constitution. I see a boomerang effect," Odinga said.

Odinga said he would accept the result of the referendum, no matter what is was. "We are ready for any outcome. We are campaigning for a 'yes', but if we lose democratically, then of course we have no choice. We'll accept the outcome," he said.

Odinga was speaking after launching an initiative to boost engineering in Africa at the Royal Academy of Engineering in London.

The PM on Friday met his British counterpart Mr. David Cameron at Downing Street.

This was Mr. Cameron's first meeting with an African leader since taking office.

NEGLIGIBLE

NAIROBI, Kenya, May 29 - The ruling by the High Court declaring Kadhis’ Courts illegal will not change the decision of majority of Kenyans during the August 4 referendum.

A survey conducted by Infotrak Harris between May 24 and 27 indicated that the decision would not affect the vote of 80 percent of the 1,200 respondents while 10 percent said it would impact their verdict.

Infotrak Harris CEO Angela Ambitho said on Saturday that the study had also revealed that 49 percent of Kenyans who intend to vote in the forthcoming referendum did not agree with the Kadhis’ Courts ruling.

“Forty nine percent said no, we don’t agree with the ruling;, 37 percent said they agree while 14 percent were not sure. Most of the ones who agreed with the ruling were from Nairobi while those who didn’t agree were from North Eastern and Coast provinces, perhaps where Kadhis’ Courts are most sensitive and prevalent,” she said.

She also added that there was a direct relationship between how Kenyans would vote and their understanding of the contents of the proposed new constitution.

Ms Ambitho who explained that the decision of the respondents to vote ‘No’ was most likely informed by their lack of knowledge, also asked the Committee of Experts to focus their civic education efforts on such people.

“If we look at the awareness levels by demographic groups, we find that there is a very close correlation between the lack of awareness and the intention to vote ‘No’. We note that in Eastern and Rift Valley provinces the awareness levels were low and those are the same provinces that have the highest incidences of people saying they will vote No,” she said.

The survey also indicated that more women than men would vote ‘No’ in the forthcoming referendum in relation to their lack of general understanding of the contents of the proposed law.

“They say the Constitution will have a lot of goodies for women…well, women don’t seem to know so. There are more women than men who intend to vote ‘No’. So we feel there needs to be more civic education in this regard,” she said.

Ms Ambitho further explained that more Kenyans would vote out of their own conscience as opposed to what their political or religious leaders said if the referendum were held today. However respondents who had not yet familiarised themselves with the proposed law’s contents said their vote was dependent on civic education campaigns.

The Infotrak Harris CEO also said that majority of Kenyans were not in favour of the clauses on abortion and Kadhis’ courts as proposed in the new law. They however applauded the devolution clause with a majority of those intending to vote ‘Yes’ attributing their vote to a new dispensation that would follow a positive referendum outcome.

Also, the study indicated that a majority of the youth in Kenya were conversant with the contents of the proposed law while the older generation was not.

“Seventy one percent of those aged between 18 and 24 will vote ‘Yes’; 64 percent of those aged 25 to 34 will also vote ‘Yes’. In fact, as you go down the age group radar the percentage of those who will vote ‘Yes’ declines. So it is the older age group that is more sceptical about whether they vote ‘Yes’ or ‘No’,” she said.

Fifty one percent of the respondents were male while 49 percent were female. All those who participated in the study were registered voters who also planned to participate in the referendum.

The survey was conducted in all provinces in Kenya.

JUDICIARY & TREASURY BEHIND NO

NAIROBI, Kenya, May 28 - A controversial judgment delivered by a three-judge bench on the legality of the Kadhis’ courts continued to come under fire on Friday after Constitutional Affairs Minister Mutula Kilonzo claimed that the Judiciary and the Treasury are being used to as stumbling blocks in the constitutional review process.

Mr Kilonzo said the Monday ruling was a sign of the Judiciary being manipulated by politicians.

In a 114-page ruling, Justices Joseph Nyamu, Mathew Emukule and Roselyne Wendoh held that the enactment and application of Kadhis’ Court to areas beyond the ten-mile coastal strip specified during their establishment in the colonial times is unconstitutional.

“Even by normal Kenyan standards of incompetence a judgment that is delayed by six months loses that meat that it ought to have,” said the justice minister.

“Please if you are among those who think that you want to create obstacles to a new Constitution, Mutula is telling you please cease because you will not succeed,” he added.

The government has now directed lawyers to research on past situations where the Appellate Court has quashed similar rulings.

“I am aware of a decision of the Court of Appeal that says that if a decision is delayed beyond a particular point then either the judge goes for fresh submission or sets the judgment aside,” Mr Kilonzo added.

He argued that the arguments in the case closed on March 11 last year and the judgment was issued over 14 months later when the legal landscape has considerably changed.

The minister noted that the matter should have been referred to the Interim Independent Constitutional Dispute Resolution Court which was set up to expeditiously deal with such matters.

He said he will support a Motion by Central Imenti MP Gitobu Imanyara seeking to discuss the conduct of the three judges as it is aimed at holding the Judiciary to account.

“Even if they saw it fit to base their ruling on the evidence they received in the last 14 months, why didn’t they refer the matter to this organ that was set up for that specific purpose; I support the AG in saying that our appeal must be heard before August 4” he said.

Attorney General Amos Wako has challenged the High Court ruling arguing that the court lacked jurisdiction as that the judgment is wrong in law and creates bad precedent.

Several political leaders have however expressed opposition to the motion saying it was an affront on the principle of separation of powers and would undermine judicial independence.

At the same time, Mr Kilonzo is appealing to the international community to help fund Committee of Experts conduct its civic education programme after the Treasury delayed the release of funds for the exercise.

“We have talked to everybody who matters; I have put it in writing, there have been countless meetings between the Treasury and CoE there is no reason for 400 million after the country has spent nearly 25 billion over the last 20m years cannot be made available for this committee to go all over the country,” he said.

Behold, a kinder, gentler Raila

The problem with being Raila Odinga is that you get blamed for everything. It’s like the naughty schoolboy who is always on every noisemakers’ list, even on the day he is absent from school.

That’s why whenever anyone is heckled at a public rally, they blame Raila.

No wonder the man is forced to travel well ahead of the party to Nyanza and plead with the residents to accord his visitors a nice welcome because he knows too well that he would be blamed if they were booed and heckled.

Curiously, people imagine that Raila has the power to calm down heckling crowds, forgetting that his pleas fell on deaf ears when he attempted to calm hostile crowds at Uhuru Park during the swearing in of President Kibaki in 2002.

Embarrassing heckling

Much later, Tinga himself was heckled and booed in his own constituency by noisy crowds chanting unga or something to that effect.

It’s therefore no surprise that Vice President Kalonzo Musyoka blames Raila for being practically booed off the stage at the Uhuru Park ‘Yes’ rally recently. The VP also blames Tinga for the embarrassing heckling suffered in Mombasa when the duo was fighting over party leadership in 2007.

His pain is understandable. Few things hurt more than public humiliation. But Kalonzo may perhaps need to reflect on the possibility that crowds heckle and boo him because they just don’t like him — not because Tinga paid them.

Shockingly, Raila didn’t tear into the VP with his stinging nyef nyef rebukes. On the contrary, his statement was polite, conciliatory, polished and very gentle. Kudos, Mr Prime Minister

KOLONZO PREACHES PEACE IN SUDAN

By VPPS

Kenya is keen to see Sudan attain and maintain lasting peace, Vice President Kalonzo Musyoka has said.

Mr Kalonzo said peace in Sudan would bring stability in the rest of the region and urged Sudanese leaders to do everything within their power to restore peace in Darfur and South Sudan.

"It is in the interest of the region that the Sudanese people live in harmony with each other because that will enable Sudan and the region to move rapidly on the path of development and social transformation," Kalonzo said when he met President Omar Hassan EL Bashir of Sudan at the presidential palace in Khartoum.

President Bashir said he was committed to work for peace in Sudan and especially in Darfur.

"We will not allow our country to go back to war. We will do everything to ensure peace is upheld across our country," he said. While delivering his inauguration speech a day earlier, the Sudanese leader said he would respect the outcome of the upcoming referendum on self-determination in Southern Sudan.

Kalonzo hailed President Bashir for pledging to work for peace saying the people of Africa’s largest country deserved to move on and reap the benefits of a peaceful country.

Speaking at the inauguration of General Salva Kir Mayardit as the first democratically elected president of Southern Sudan, Kalonzo told the leadership of the south to work for peace despite the challenges in the implementation of the Collective Peace Agreement. Mayardit is also the first Vice President in the Government of National Unity.

Later Kalonzo met Kenyan’s living and working in Sudan and encouraged them to work hard and support their families at home.

TONS OF MONEY ON YES/NO CAMPAIGNS

US anti-abortion activists have upped their attack on Kenya’s proposed constitution, saying the Obama administration was illegally spending at least $10 million (Sh790 million) in support of the Yes vote in the August 4 referendum.

Congressman Chris Smith, the top Republican on the House subcommittee on Africa, said US Agency for International Development investigators recently supplied the $10 million estimate.

“This massive spending will undoubtedly be directed to those entities pressing for the ratification of the draft,” Mr Smith said.

The funds were being spent illegally, the Congress members suggested, citing a provision in the US law known as the Siljander Amendment, that prohibits the use of federal funds to lobby for or against abortion.

Along with US-based anti-abortion NGOs, the activists contend that the draft constitution would make it easy for Kenyan women to obtain abortion.

They further argue that the President Obama administration is urging Kenyans to vote Yes, and cite an April 7 statement made recently by US ambassador Michael Ranneberger in which he said: “Unity in support of the draft will bring the Kenyan people together and establish a framework for democratic stability and shared prosperity.”

A State Department official told the Saturday Nation that the US was not taking sides in the constitution campaign.

At the same time, a US anti-abortion group has acknowledged spending “tens of thousands of dollars” in support of the No campaign.

PM meets Kenyan Prime Minister

Prime Minister David Cameron has met Kenyan Prime Minister Raila Odinga this morning, his first meeting with an African leader since taking office.

During the meeting the PM reassured Prime Minister Odinga of his support for “vigorous political and economic reform” in Kenya.

A Downing Street Spokesperson said:

“The Prime Minister reassured him of his commitment to the UK’s strong partnership with Kenya, and his support for vigorous political and economic reform. They discussed the importance of the France/Africa Summit next week.

The Prime Minister welcomed Kenya’s cooperation in confronting the threat of piracy off the coast of Somalia. He underlined his personal commitment, and that of his government, to the 0.7% GDP development target.

Later today, the Prime Minister expects to speak to President Goodluck Jonathan of Nigeria and President Museveni of Uganda.”

WETANGULA GRILLING

Thursday was to be the day that Moses Wetangula was to meet the Adan Keynan led committee. To answer to allegation that he is responsible for the diplomatic stand off between the UAE government and the Kenyan government.

Wetangula was also to shed light on a claim he made that a member of the committee attempted to extort funds from his ministry.

Wetangula was also to get explanation from the committee on claims that he attempted to obtain over 300 million Kenyan shillings from the royal family in Dubai. Perhaps he would also have repotted on the position taken by UAE regarding its degree requirement to Kenyan immigrants.

What started as a legal decision to deport members of the UAE royal family under unclear circumstances has now degenerated into a claims of corruption and attempted cover up.

So Thursday they met after the committee stated previous meetings had to be cancelled after Wetangula and his team failed to turn up. But even after Wetangula appeared in its own request the meeting could not take off. Sources privy to the meeting say Keynan told Wetangula the PC was not ready to hear his side of the story and no summons had been sent.

It is also alleged that Keynan did not approve of the presence of the media in the closed door meeting. And after close to 2 hours inside Continental house, Wetangula emerged from the meeting and without uttering a word to the media drove off.

Keynan never appeared from the meeting which definitely would have been a stormy one and tense.

The meeting has since been rescheduled to the third of June where the committee will grill Wetangula and the team from the Foreign Affairs Ministry. The purchase of the Kenyan ambassadors resident in Tokyo and the chancery would be a subject of focus.

Other issues will be the allegation that a PC member attempted to extort money from the ministry of foreign affairs in exchange for his silence.

Wetangula would also be seeking explanations that he attempted to extort money from the UAE royal family.

UK SAYS YES

The United Kingdom has pledged to support political and economic reforms in Kenya.

Prime Minister David Cameron said his government will provide "vigorous political and economic reform" in Kenya and it remains committed to the UK's strong partnership with the east African country, during talks with his Kenyan counterpart Raila Odinga at 10 Downing Street Friday.

Mr Odinga's talks with the British PM, the latter's first meeting with an African leader since assuming office, dwelt on the constitutional review process.

The Kenyan PM said the Grand Coalition Government is determined to deliver a strong Yes vote at the referendum and bring to and end the country's long search for a new constitution.

Foreign Office Minister Henry Bellingham said the UK will offer support in key areas such as constitutional, electoral and police reform.

He urged strong leadership from President Kibaki and Prime Minister Odinga to fight corruption and impunity, including getting justice for post-election violence victims.

The Department for International Development Minister Stephen O’Brien said Britain was committed to helping Kenya achieve the

Millennium Development Goals, with significant development assistance.

Intended purpose

The assistance would be targeted to ensure it represented good value for money and achieved its intended purpose, Mr O'Brien said.

He asked the Kenya Government to show leadership in the forensic audit on Free Primary Education and a credible government response to its findings.

Mr O'Brien also welcomed the recent progress on police reform.

The three leaders discussed the wider situation in the Horn of Africa.

Mr Bellingham noted Britain’s leading role in providing naval protection, which helped support continued international trade with Kenya and the region.

Biggest headache

He welcomed the role Kenya had played to contain piracy and hoped discussions on cooperation within the international framework would continue.

During his meeting with Mr Cameron, Mr Odinga advised on coalition politics telling the former that constant consultations were the key to a stable coalition.

He told the British PM that his biggest headache would probably come from members of his own party, who might feel left out of key positions as a result of the power sharing arrangement.

Mr Cameron, of the Conservative Party, formed a coalition with the Liberal Democrats led by Nick Clegg after winning the UK elections in May but falling short of an absolute majority in Parliament.

Mr Odinga is in the UK for the launch of the Africa-UK Engineering for Development Partnership at the Royal Academy of Engineering.

YOU WILL PAY MORE TO GO TO THE US

United States non-immigrant Visa fees has been increased by between Sh 800 and Sh1,500.

Non-immigrant visas are for temporary visitors who enter the US for tourist, business, and study purposes.

Students and tourists who have been paying Sh10,500 to get the US Visa will now pay Sh11,200 while professional athletes and temporary workers in the US who fall under the specialty non-immigrant category will pay Sh 12,000.

The new charges take effect on June 4. The price increase is a reflection of the increase for all US Visa applicants around the world.

The last time there was an adjustment in Non-Immigrant Visa fees was in 2008, due to effects of the exchange rate then.

The fee increased from Sh9,000 in February of that year reflecting the shifts in the exchange rate between the US Dollar and the Kenyan Shilling.

Pay difference

In a statement Friday, the US Embassy in Kenya said applicants will pay the Sh10,500 fee prior to the June 4 date next Friday but those who will go to the Embassy for an interview afterwards will be required to pay the difference in fees of either Sh800 or Sh1,500.

The Embassy, however, clarified that the procedures for payment of the fees remain the same.

“In its management of all consular services and operations, it is normal practice for the Department of State to adjust Visa fees to reflect increased costs of operations,” the statement from the Embassy said.

The Department of State is required by the US federal legislation to recover costs through fees charged for Visa services.