Kevin Durant tries to steal ball as Jeremy Lin calls timeout, which … um … y’know (Video)

By Dan Devine | Ball Don't Lie – Sat, Apr 27, 2013 10:50 PM EDT

First, Kendrick Perkins made a point of trying to shake up Patrick Beverley with a hard (and illegal) screen right off the start of Saturday's Game 3 between the Oklahoma City Thunder and Houston Rockets. Then, with the Thunder up by a whopping 26 points early in the second quarter after a Reggie Jackson jumper, Rockets point guard Jeremy Lin dribbled the ball over half-court and pulled up to call a timeout ... to which Oklahoma City star Kevin Durant responded by doing this:

Hey, that looks familiar. Where have I seen something like that before?

Oh, that's right:

It bears a remarkable similarity to the play Beverley made on Thunder guard Russell Westbrookduring the second quarter of Game 2 in this series, which resulted in a partial tear of the lateral meniscus in Westbrook's right knee, an injury that required surgery that will shelve Westbrook for the remainder of the 2013 postseason.

Surely, any similarity is purely coincidental ... right?

Westbrook, like many Thunder fans, was reportedly "irate" at Beverley after learning he'd suffered a tear on the play, which is a play that Beverley has made before, a play that Westbrook himself has made before, and a play that plenty of other players have made before. Now, Durant's part of the club.

I wonder if we're going to hear lots of breathless opining from columnists and TV talking heads about how Durant's play was "bush league," as many called Beverley's play. About how the All-NBA forward so brazenly violated one of the unwritten rules of the NBA game by taking a hard, unnecessary swipe at Lin, who played Saturday with a chest contusion suffered during Houston's Game 2 loss on Wednesday, or about how the 24-year-old All-Star is a cheap-shot artist who has no respect for the integrity of the game and the way it should be played, charges popularly levied against the heretofore little-known Rockets guard after Game 2.

Somehow, I doubt it.

Playing without Westbrook by his side for the first time in five years, Durant was brilliant in the opening half of Game 3 in Houston, scoring 27 points on 9 for 16 shooting, including a 3 for 4 mark from 3-point land, and grabbed six rebounds in 24 minutes. That's right: He played the entire first half, and Oklahoma City led Houston 66-49 at halftime. Lin winced in pain after Durant caught him on the right arm and did not return in the second quarter; he played just 4:50 in the third quarter and struggled mightily, though he didn't want to attribute it to the chest injury or any post-timeout reaggravation.

“If I choose to go out there and play, then I’ve got to perform and that’s basically it,” Lin told Jonathan Feigen of the Houston Chronicle. He didn't play at all in the fourth quarter, and will once again be agame-time decision for Monday's Game 4.

The Rockets came back strong in the second half, relying on a small lineup and spreading the floor with shooters to claw back, much as they did in the fourth quarter of Game 3. But a big fourth quarter from Durant — 12 points, including a huge final-minute 3-pointer — put the finishing touches on hismasterful performance and a 104-101 win that gave the Thunder a commanding 3-0 lead in the best-of-seven series.

Durant finished with 41 points, 14 rebounds, four assists and two steals in the win. Beverley and Lin combined for just eight points on 4 for 16 shooting and four assists in 40 1/2 total minutes.

If the clip up top isn't working for you, please feel free to check it out elsewhere, thanks to Daily Thunder's Royce Young.

Why presidential petition might be CJ’s last big task

Chief Justice Willy Mutunga. [Photo: File/Standard]

By Wahome Thuku

Nairobi, Kenya: Chief Justice Willy Mutunga might not preside over another presidential election petition.

If everything follows the natural course of events, Dr Mutunga will have just retired as a judge when the next General Election is held, having attained the constitutional retirement age of 70 years.

Mutunga was born on June 16, 1947 and will be weeks into his retirement when the elections will be held on the second Tuesday of August 2017 as per the Constitution.

Presiding the 2013 petition and witnessing the subsequent swearing in of Uhuru Kenyatta as the fourth President of Kenya may, therefore, go into Mutunga’s profile as the most significant undertaking as head of the Judiciary and president of the Supreme Court.

Yet as controversial as the determination of that petition may be, it remains one of the highlights of the reforms that have taken place in the Judiciary since the promulgation of the new Constitution in August 2010 and more particularly the coming in of Dr Mutunga in June 2011.

The filing, hearing and determination of three in one petitions demystified the superiority in which judges were regarded as holding the presidency.

Since it was established, the Supreme Court was designed for one major task that of dealing with any dispute arising from the presidential election then expected to take place in 2012.

This high expectation was based on the bloody aftermath of the 2007 elections in which over 1,300 people were killed, over 500,000 others displaced and property worth millions of shillings destroyed in violence that followed the disputed re-election of President Kibaki, now retired.

Matiba’s wife

Since independence Kenya had only witnessed two presidential election petitions both challenging the re-election of former President Moi.

The first was in 1993 and was filed by Ford Asili candidate Kenneth Matiba who lost to Moi in the first multiparty elections in 1992. It was later dismissed by the Court of Appeal on April 22, 1994 when it was.

The case was dismissed on single reason that it had been signed by Matiba’s wife to whom he had given legal Power of Attorney to sign all his official documents. The court ruled that the petition should have been signed by Matiba himself in accordance with election petition rules, despite the fact that he could not physically do it, having suffered stroke in detention that left him paralysed.

The second petition was filed in 1997 by Kibaki who had also lost to Moi. The case was dismissed by three High Court judges on May 21, 1999 on grounds Kibaki had not served Moi with the petition papers in person. This was despite the fact that throughout the hearing, Moi had already been sworn back to office and Kibaki’s lawyers could not reach him with the papers.

The court also dismissed an application by Kibaki, then official Opposition leader in Parliament, to cross examine Moi on his claims he had never been served with the papers.

The two petitions have since informed, in a great way, the radical reforms that were adopted in hearing and determining the 2013 presidential electionpetitions.

They also influenced the key reforms on the Judiciary during the debate on and enactment of the new Constitution.

Newspaper

The Constitution now provides the petitions heard and determined within 14 days during which the swearing in of the president-elect will have been put on hold. This ensures the president-elect does not use the office to frustrate the case and he or she is held in the same status with the petitioner.

Service of petition papers can either be done electronically, physically or through publication on a national newspaper so that the question of failing to reach the president-elect doesn’t arise.The Constitution has ensured the presidential petitions are started and concluded in the Supreme Court with no provision for appeal.

Some of the rules that governed proceedings in the petition hearings were gazetted by the Judiciary just before the polls.

In its determination, the Judiciary, through the Supreme Court, had cleared several hurdles and controversies on the future conduct of presidential elections including the question as to whether rejected votes should be included in the final tally of results.

Though Mutunga may never sit to hear another such petition, the work done by the six-judge Bench in determining the 2013 petition will be key in moving the country forward in dealing with such disputes in future.

Secret Mutula died with

By Standard Team

Nairobi, Kenya: There is a secret so big that Makueni SenatorMutula Kilonzo will take to hisgrave. It is a story he warned Standard reporter Roselyne Obala would shake Kenya.

Though he refused to give details, the late Senior Counsel insisted to Obala the story would not only surprise Kenyans, but could have major consequences.

That was on March 28 after Mutula was sworn in as Senator. A post-mortem scheduled to be carried out on his body Monday will seek to establish why he died suddenly, and without making even a single call to family or friends for help.

Sunday, as those close to him called for thorough probe into his death on Friday or Saturday night, a special team of detectives from Criminal Investigation Department (CID) headquarters in Nairobi began working to try and piece together what transpired in the former Education minister’s final hours at his ranch.

At the same time, three committees were formed to plan his burial, after a day’s meeting with the family. They are the Senate, National Assembly and Family committees.

“We’ve had a consultative meeting with the family and agreed to form the three committees, the Senate, the National Assembly where he was before going to the Senate and the family one. The committee will meet on tomorrow for other arrangements,” said Machakos Senator Johnstone Muthama at Mutula’s home in Gigiri, Nairobi.

According to the Family committee’s interim secretary Mr Musyoki Kivindyo, each committee will meet and come up with a progressive report on burial arrangements that befit the late Senior Counsel.

Straight talking

It also emerged from his friend and former Attorney General Amos Wako, who is also the Busia Senator and was among the last to speak with Mutula, that the former Justice minister was in robust health.

Mutula’s trainer at the Hilton Hotel gymnasium, who took the former Makueni Senator through his aerobic sessions on Friday morning, corroborated this statement.

Later in the afternoon, Mutula would leave for his Maanzoni Ranch in Machakos County, where he would be found dead the following day, with foam on his mouth.

Mutula, a straight-talking politician and astute lawyer, told Obala a month before he died that he would reveal to her the secret he bore ‘with time’, but sadly he died before they could meet again. 

On that March 28, after being sworn-in as Senator for Makueni, he said, during a short interview, that he had information that if published in the media, would “cause panic and mayhem”.

Said Obala: “A jovial Kilonzo emerged from the Senate and we had a brief encounter at the Senator’s lounge. It was on Thursday afternoon on March 28, when I engaged him in an interview to get to understand the Senate’s role,’’ reports Obala.

“From the outset, he appeared happy, energetic and raring to go, dressed in a brown suit. We exchanged pleasantries, and I began by congratulating him on his election as Senator for Makueni.”

Suddenly diverted

Obala goes on: “He began outlining the responsibilities of Senators and how they will take the National Government to task over devolution. He then said their role was to be a link between County Governments and National Government.”

Mutula was explaining how they intend to take on the National Government over the implementation of the Devolution, “when he suddenly diverted and stated that there is a lot going on that Kenyans need to know,’’ Obala went on.

Mutula told her that it is no secret that the National Government is trying to frustrate the implementation of Devolved Government. ”

It was at this juncture that his tone changed, he looked serious and stated; “I have information that if I disclose to you Monday, your papers will be burnt the next minute.”

The statement came as a surprise, but when Obala pressed him, because she was curious to know more, and even offered not to name him in the story, Kilonzo retorted: “No, No, No.”

She pleaded with him, saying, “Please Mheshimiwa (Honourable), I will use an anonymous source,” he declined.

When she insisted he reiterated as they walked down the stairs: “Save the company (Standard Group Limited) and yourself.  I promise to give you the information at the right time.”

Those were Mutula’s last words to the journalist as he walked away and, unfortunately, that is where the big story that never came to life ended.

Sunday, the officers from the CID’s Homicide Unit based at Mazingira Building along Kiambu Road took over the probe from their colleagues in Machakos. The team, led by the unit’s head Mr John Kariuki, will work with those from Machakos and are expected to attend Monday’s planned post-mortem exercise.

Officials at CID headquarters revealed the Homicide Unit revisited the scene where the body was found and was set to take over all samples that had been collected. They also interviewed Mutula’s workers who prepared him supper on Friday.

“They will visit the place where the food was prepared as part of the investigations into the death. They have also taken away samples of the food for testing and analysis,” said a senior officer aware of the probe.

The cause of the death is yet to be established.

Sitting alone

“I do not know why I was not alarmed by this odd attitude. He was not keen on participating in Senate sessions, but wanted to talk more about his family and his career fulfillment. I should have prodded him further,” said Senator Wako, remarking wistfully about his last meeting with a friend he had known for over 35 years.

Wako last met Mutula on Thursday in the Senate during the afternoon sessions. He remembers seeing his friend walking in and sitting alone on a secluded seat. Mutula appeared dull and engrossed in personal thoughts; or may be it was just mental fatigue, said Senator Wako.

“I quickly moved to where he was and sat next to him and asked where he had been all this time. I was concerned that he had missed out on the Coalition for Reforms and Democracy (CORD) retreat at Naivasha, and other party engagements,” Wako told The Standard.    

However, the Busia Senator does not remember getting a clear answer to his question. Instead he asked his friend, whether he was prepared to make any contributions to the ongoing debate on the floor of the House.

But Mutula, indifferently, said there was no need.

“What is there to discuss about?” he asked, as if to suggest the issue at hand was not beyond his parliamentary colleagues to handle.  

According to his fitness instructor of six years, who identified himself only as Tim, Mutula was at the gym at 6am in the morning, and went through his routine aerobic paces for 30 minutes before leaving.

“He was jovial as usual and quite physically fit as I took the aerobic class through the usual paces. Mheshimiwa was fit and went through the paces non-stop, without showing any signs of slowing down,” Tim told The Standard.

Atwoli Interview

Tracing Kilonzo's Last Moments

Jose wa nikama Ndrama Video

The Status Of Kenyan Diplomats Abroad

Political bigwigs eye key posts in Senate

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Baringo Senator Gideon Moi and his Meru counterpart Kiraitu Murungi will fight to control of the powerful Energy, Roads and Transportation committee. Photo/FILE  NATION MEDIA GROUP

By ISAAC ONGIRI iongiri@ke.nationmedia.com
Posted  Sunday, April 28   2013 at  23:30

IN SUMMARY

• Positions have attracted qualified leaders to head the committees

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Former Cabinet ministers and political bigwigs are lined-up to battle for the control of key committees in the Senate in elections slated to begin on Tuesday.

Baringo Senator Gideon Moi and his Meru counterpart Kiraitu Murungi will fight to control of the powerful Energy, Roads and Transportation committee while former Defence minister Yusuf Haji, who is the Garissa Senator, is in the race for the National Security and Foreign Relations team.

Mr Haji is face former Internal Security minister Godfrey Kariuki who is the Laikipia Senator.

Like Mr Moi and Mr Kiraitu, Mr Haji and Mr Kariuki are members of the ruling Jubilee Coalition which enjoys a slight majority in the Senate.

Former Attorney-General, who is now the Busia Senator, Mr Amos Wako and Nandi Senator Stephen Sang’ are in the race to head the equally powerful committee on Legal Affairs and Human Rights.

On Sunday Mr Murungi told the Nation he had decided to challenge Mr Moi for the leadership of the Energy committee due to his vast knowledge in the sector.

“I have a lot of experience in the energy sector and I know that this is an important committee that should be placed on the hands a person who understands the sector so well,” Mr Murungi said.

On Sunday Kakamega Senator Boni Khalwale of the Committee on Finance, Commerce and Economic Affairs said he will be seeking to chair the committee.

Dr Khalwale who steered the Public Accounts Committee in the 10th Parliament will fight it out with equally influential politician Billow Kerrow, Senator for Mandera.

“Initially we were being blocked from joining committees because UDF is not a parliamentary party as per statutes. But that matter has since been resolved. If I am not attacked by the so called tyranny of numbers then I hope to chair the Committee on Finance,” he stated.

Senator’s death probe to focus on food samples

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GRIEF: The late Makueni Senator and former Cabinet minister Mutula Kilonzo was found dead at his ranch in Maanzoni, Machakos County. PHOTO/FILE  NATION

By ANGIRA ZADOCK zangira@ke.nationmedia.com AND BENJAMIN MUINDI bmuindi@ke.nationmedia.com
Posted  Sunday, April 28   2013 at  23:30

IN SUMMARY

• Samples taken from Mutula’s body and death scene will be analysed for toxins, but pathologist cautions that circumstantial evidence of poisoning may be misleading
• CID team sent to leader’s home as pathologists prepare for autopsy on Monday

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Investigations into the death of Makueni Senator Mutula Kilonzo will focus on food samples and other exhibits collected from his home, government pathologist Johansen Oduor said on Sunday.

And CID Director Ndegwa Muhoro said a team of senior police officers led by an Assistant Commissioner of Police had been formed to investigate the circumstances surrounding Mr Kilonzo’s death on Saturday morning.

Family spokesperson Chris Musau on Sunday said burial arrangements would start immediately after the postmortem examination. Mr Musau is a brother-in-law of Mr Kilonzo’s.

A committee to determine the date and place of burial was set up on Sunday after consultations between family and friends.

Briefing the Press shortly after the meeting in Mr Kilonzo’s Gigiri home, Mr Musau said other committees including one for Senators and MPs would be set up in the course of the week.

He said the body was moved to the Lee Funeral Home at 9pm on Saturday after pathologists and detectives carried out preliminary investigations in Kwa Kyelu ranch where Mr Kilonzo died.

And Machakos Senator Johnstone Muthama said: “Because he was not only a member of Parliament but also a senator, committees will be set up at different levels to honour Mr Kilonzo.”

Dr Oduor, who led other pathologists in performing a preliminary examination on the body and scene before removing it to the mortuary, said detectives had forwarded to the Government Chemist samples, which include vomit collected from a sink in Mr Kilonzo’s home. They also took away food in the room where the body was found and two soft drinks.

Tests are expected to shed light on whether the drinks had been tampered with.

On Saturday evening, detectives collected samples from Mr Kilonzo’s bedroom, as well as a pair of trousers and the shirt that he had been wearing earlier in the day.

Dr Oduor said several pathologists would be involved in the autopsy to be conducted this afternoon at the Lee Funeral Home. A series of tests will be performed since circumstantial evidence of poisoning may be misleading.

Mr Muhoro said Machakos CID chief Kavete Kuloba would join the team from the CID headquarters that is leading the investigations.

“All the persons he interacted with including his bodyguard will record statements to shed more light on this case,” he said.

However, should the autopsy fail to disclose the cause of death then the pathologists will have to wait for the report from the Government Chemist, and this may take time. Dr Oduor said urine would be useful in establishing whether there was poison.

“He had already developed rigor mortis but the whole body was normal. There was no evidence of struggle in the room,” Dr Odour said.

Mr Kilonzo’s body was found lying face up with a lot of foam covering his mouth and nose.

There was vomit at the sink and on the floor, suggesting that he vomited before reaching the sink about 10 metres away.

Presidential contender James ole Kiyiapi was among the leaders and government officials who visited the family on Sunday.

Uhuru Kenyatta cabinet watch