Thursday, March 31, 2011

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.
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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.