Justice Reuben Nyakundi of the High Court has stopped Kenya Ports Authority from irregularly awarding a licence to Portside Freight Terminal Limited until a case filed against activist Okiyah Omtatah against the firm is heard and concluded.
Omtatah accused KPA board of directors of going beyond the powers bestowed on them when they approved the licence to Portside Freight Terminal Ltd, a firm that belongs to Mombasa governor Hassan Joho and his brothers. Portside had won a multi-billion shillings tender to develop a second grain bulk handling facility at the port of Mombasa.
Documents filed in court by Omtatah show that KPA wrote to the Treasury cabinet secretary Ukur Yatani on March 11 2021 asking for permission and approval to use single sourcing for the second grain handling tender and the request was approved by the board on June 28 2021.
The contract wasthen awarded to Portside Freight Terminals Limited but six qualified bidders including Mombasa Grain Terminals Limited, Kapa Oil Refinery, Kilindini Terminals Limited, Africa Port & Terminals Ltd, Multiship International and Kipevu Inland Container EPZ were locked out after their proposals ignored.
Activist Okiya Omtatah [p/courtesy]Omtatah convinced the court that single sourcing was exclusively being employed in this case to favor Portside Freight Terminal Ltd which feared competition from competent bidders. The activist also argued that the State Agency’s questionable move contravened the law and breached provisions of the Public Procurement and Asset Disposals Act.
The board’s move also went against KPA’s Master Plan which proposed the second grain handling facility to be developed at either Dongo Kundu area or Lamu port but not Mombasa port where Joho brothers are are the shot callers.
The ruling on Portside licence was celebrated by tycoon Mohammed Jaffer, Joho’s business rival who owns the only existing private grain handling facility ( Grain Bulk Handlers Limited) at the port of Mombasa and is poised to continue enjoying monopoly.
The case whose hearing is set for August 27 has already elicited mixed reactions after another company associated with the Joho family took over a lucrative Nairobi SGR cargo terminal in Nairobi through an exclusive deal which raised eyebrows and attracted the attention of investigative agencies.
Former vice president and Wiper party leader Kalonzo Musyoka on Wednesday appeared before the Directorate of Criminal Investigations (DCI) in Nairobi where he was grilled over allegations of grabbing 200-acre piece of land in Yatta.
Kalonzo who accompanied by his lawyer James Orengo said he was summoned by the DCI to shed light on how he acquired the land in Yatta, Machakos county. The politician who had also been questioned by DCI land fraud team in January arrived at the DCI Headquarters along Kiambu Rd, Nairobi at 10.30 am said he was on a mission to clear his name after Deputy President Dr. William Ruto accused of grabbing the land belongs to the National Youth Service.
“….just arrived at the Director of Criminal Investigations accompanied by my legal team to honour the summons ……I own the land legally, the claim by the Deputy President is outrageous and I challenge him to substantiate his allegations,” Kalonzo said.
The Wiper leader who is eyeing presidency in the coming 2022 elections was blasted by DP Ruto who accused him of doing nothing to his people other than grabbing the prime plot in his rural home after decades of in government.
But in his defense, Kalonzo trashed DP’s allegations as wild and desperate propaganda, describing himself as a person of “high moral and ethical standards” without stains of corruption.
Kalonzo who worked with Ruto in Moi administration was the first to accuse the country’s second in command of corruption, citing a case where the DP was charged with grabbing land belonging to a businessman in his Rift Valley turf wher he lost the case and was ordered to return the land.
The Wiper leaders who was also accompanied by his political allies including Makueni senator Mutula Kilonzo Jnr and Makueni Mp Dan Maanzo challenged the DP to follow suit and present himself before the DCI for thorough scrutiny.
“I have nothing to hide and I today challenge the authorities to open an investigation into this matter. I am today presenting myself for a thorough investigation by the Directorate of Criminal Investigations as well as the Ethics and Anti-Corruption Commission.” Kalonzo said.
All has not been well between Mombasa governor Hassan Joho and handlers of ODM party leader Raila Odinga since the party lost Msambweni parliamentary seat in a by-election held in November last year. Joho, a one time ardent supporter and defender of the ODM leader is now considered a baggage with the party luminaries sidelining him with his presidential bid.
The outgoing Mombasa governor who has missed in Raila’s recent events is accused of secretly financing Kilifi governor Amason Kingi who is championing the formation of a political party with coastal roots. Kingi was recently kick out as the ODM chairman, Kilifi branch, barely a month after two political parties (Pamoja Alliance and Kenya Democracy for Change) from the Coast were handed provisional certificates.
Raila’s handlers also claim that their party leader is rebranding himself to appeal to the international community thus can’t be spotted with characters like Joho who has been widely mentioned in drug trafficking and tax evasion scandals. They also claim that the flashy governor is linked to criminal characters and is in bad books with the western powers.
Kilifi governor Amason Kingi. Raila recently kicked him from ODM [p/courtesy]
Joho has been the face of ODM in the coastal region where the party bagged majority of elective seats in 2013 and 2017 general elections with Kilifi having all its leaders elected on ODM party ticket.
The plot to kick out Joho is also fueled by the fact that Coast governors who are serving their second and final terms including Kwale’s Salim Mvurya – have been seeking new alliances to remain relevant in the post 2022 politics. Both Joho and Kingi have declared interests for presidency with the support of Raila whom they have backed in the three previous elections.
Joho, businessman Jimi Wanjigi and Kakamega governor Wycliffe Oparanya have all applied for the ODM’s presidential ticket but the party’s election board is planning to announce fresh applications before it hands the ticket to Raila Odinga.
The once vocal politician will be forced to follow his Kilifi counterpart before he makes up his mind to leave the Odinga -led party which has also been abandoned by Kingi allies including Kilifi ODM youth league chairman Samir Nyundo who resigned from ODM citing lack of inclusivity and development for the region.
The political temperatures in Siaya county are fast rising with elites like Senator James Orengo and former Bondo MP Oburu Oginga crafting a team that would lock out other aspirants out of ODM party which is the most popular one in the region.
Orengo is eyeing the gubernatorial seat while Oburu is going for the senatorial seat, a pairing that is fast gaining momentum but at the same time leaving the ODM leader Raila Odinga who is eyeing presidency with a tough balancing act in his home turf.
Oburu’s is Raila Odinga’s elder brother but his senatorial aspirations have been met with considerable resistance in the past after a section of the electorate expressed opposition to many members of the Oginga family going for elective positions.
He is currently serving as an MP at the East African Legislative Assembly (EALA), in Arusha Tanzania, his son Jaoko Oburu, who is currently serving as a county executive committee member of roads in Siaya county is eyeing the Kisumu Central parliamentary seat while his sister Ruth Odinga is eyeing the Kisumu gubernatorial seat.
Former Police spokesman Charles Owino [p/courtesy]In 2013, Oburu was forced to shelve his senatorial ambitions in favour of Orengo after his candidature threatened to split ODM into factions. He then opted to go for the gubernatorial seat but he was disqualified together with William Oduol after shambolic party primaries.
After being openly rejected in the ODM primaries, Oburu tried to snatch the nomination certificate from Oduol, a move that led to brutal chaos but being an elder brother to ODM party leader, he was handed a nomination to the national assembly in 2013 and then to EALA in 2017 while his point-man Rasanga was handed the gubernatorial ticket.
Rasanga’s tenure has been marred with massive corruption scandals pushing the residents of Siaya to call for free and fair process to enable them elect a leader of their choice but the pairing of two ODM big wigs looks like a sinister move to lock out possible threats like former police spokesman Charles Owino and former Rarieda MP Nicholas Gumbo.
Eng. Gumbo gave Rasanga a run for his money in 2017 but was not satisfied with ODM nominations which forced him to run as an independent candidate against the ODM euphoria which was sweeping across the county.
Oburu will face off with Tony Lights Yogo Yogo, Peter Muhula from Alego and JT Okinda who have declared their interests for the senatorial seat with Okinda currently is enjoying a massive support in Odinga’s home county.
The controversial Makongeni MCA Peter Imwatok is facing a possible sentence to prison on August 24 2021 [today] after he was found possession of a firearm without a licence. Milimani Law Court senior resident magistrate Carolyne Njagi found that Imwatok had a case to answer after she received testimonies from six witnesses presented by state prosecutor Winnie Moraa.
“Upon receiving all the defence submissions, I will make my pronouncement on August 24, 2021 in open court,” Ms Njagi.
Imwatok is facing four charges including the illegal possession ammunition and a fake firearm’s licence. The MCA elected on ODM party ticket committed the offence on September 10 2017 in Galitos Restaurant, Industrial Area, Nairobi, where he was found in possession of a Ceska pistol.
The prosecution also told the court that the tainted MCA also had 13 rounds of live ammunition of 9mm caliber without a licence and a forged firearm certificate No7036 but Imwatok denied all the four counts and secured his freedom on a Sh200,000 bond with one surety of the same amount. The court also gave him an alternative cash bail of Sh50,000.
The former Nairobi County Assembly minority whip now risks serving at least five years in prison after Ms Moraa urged the court to place him on defence arguing that she had ample evidence to prove the case against the vocal city MCA.
Imwatok has also been embroiled in power wars within ODM party at the Nairobi County Assembly where fixed a section of the party leadership at the assembly under siege after he pocketed the likes of ODM SG Edwin Sifuna to protect him from his party members who were out to kick him from his minority whip position.
The second term MCA was accused of using the party’s to pocket bribes and goodies from corrupt individuals by his colleagues from the ODM party after he used his position to influence the finance department at City Hall to pay lawyer Tom Ojienda shs 50 million in legal fees for kick backs.
Water charges are set to go up ten times after the State increased the regulatory charges on water companies tenfold to cover bulging maintenance and operational charges.
This is after Water, Sanitation and Irrigation Cabinet Secretary Sicily Kariuki published World Bank-driven regulations which raised user charges from 50 cents per cubic metre to Sh5 for domestic use and livestock farming.
Water companies will also pay an additional 5% of the charges as the conservation levy while Water Resource Authority’s (WRA) has also been empowered been to review and adjust the charges every year.
“A person in possession of a valid water use permit shall pay in addition to the water use charge… a levy amounting to 5% of the monthly water use charge as a water conservation levy,” the new regulations read.
World Bank gave the new regulations as part of recommendations to Kenya after it gave the government Sh80 billion loan to combat the Covid-19 pandemic and address debt vulnerabilities where it proposed that providers of water services should cover 70% of the WRA’s budget from the current 30%.
But the introduction of new charges as freshwater conservation levies will see the service providers pass the additional costs on piped water and sewerage to consumers and businesses.
The WRA was charging homes, livestock, and irrigation 50 cents per cubic metre while those using water for commercial purposes were charged 75 cents for any use above 300 cubic metres. The charges will now shoot to Sh2 per cubic metre for irrigation while commercial use will attract a charge of Sh6 for use over 300 cubic metres per day.
All water providers will have to install automated meters or face 10% penalty of water used while all late payments will attract an interest charge of 2% per month.
The cost of water is going up amid reports that several water firms including Nairobi City Water and Sewerage Company (NCWSC), are in the process of reviewing their tariffs with plans to hike prices.
Providers argue that the increased charges are based on inflation charges and tariff reviews to foot network expansion, electricity, water treatment, pipes, lubricants, chemicals, fuels, sewers and fittings.
Kenyans are currently paying an average of Sh93 per cubic metre or 1,000 litres for water piped to homes but the hike in water prices remains an emotive issue in irrigation belts like Mwea and Ahero where farmers rely on affordable water for better produce.
Acting Nairobi Governor Anne Kananu has signed into law Nuisance Bill 2021 which will force irritant city residents to part with Sh10,000 and Sh500,000 in fine or an imprisonment term of six to 12 months for blowing their nose without a handkerchief or tissue paper in public.
The new law also extends to anyone caught spitting in public, urinating in undesignated spaces, sleeping in kitchens or food stores, among other misdemeanours.
These are part of new rules and regulations that are contained in the Nairobi City County Public Nuisance Bill, 2021 which are aimed at keeping Nairobi clean and hygienic. DG Kananu has already called on residents to familiarize themselves with the new laws to avoid the heavy punishment.
“Nairobi is the face of Kenya. We all need a clean and hygienic environment to live and work in,” Kananu said.
The new laws further prohibit the discharge of dirty water, sewer or effluent into streets or water channels, discharge of oils into roads or water channels, and obstruction of roads or streets and residents from allowing trees and hedges in their homes or places of work to obstruct streets or footpaths.
Riruta MCA James Kariuki Kiriba [p/courtesy]The new regulations also ban playing of loud music, smoking in undisignated places and criminalizes riding motorcycles or driving on footpaths which will also atract a fine between Sh10,000 and Sh500,000, and imprisonment of six to 12 months as she urges officials to ensure that serious sanity is brought to the city.
“This is part of what we promised our great people of Nairobi. We must work round the clock to achieve this. A healthy environment is paramount to all of us,” Kananu said.
Nairobi County Attorney Lydia Kwamboka who was present during the signing of the Bill called on the city residents to be more responsible noting that the application of the law will be strict.
“The Act empowers the county to take all lawful, necessary and reasonable practical measures for maintenance of the county at all times in a clean and sanitary condition, abatement and prevention of public nuisance and remedy any nuisance,” Ms Kwamboka said.
The Bill was sponsored by Riruta MCA Kariuki Kiriba who was applauded by County executive member for Environment, Energy, Water and Sanitation Larry Wambua for ensuring that the bill was accepted by the majority of the assembly as it went through all stages.
The National Assembly has shot down a Bill that intended to establish an exclusive fund to fight poverty in Kenya, arguing that treasury already has the Biashara Fund which is a merger of all existing State-backed funds to eliminate poverty.
Parliament’s Finance Committee claimed the Poverty Eradication Authority Bill, 2020 was a duplication of what other state agencies had been established to do including Uwezo Fund, Women Enterprise Fund, the Youth Enterprise Fund, and Equalization Fund which are all meant to stem poverty. The National Treasury Treasury and the State Department for Labour and Social Protection also opposed the enactment of the Bill.
“The proposed Poverty Eradication Fund should be incorporated in existing funds for efficiency and minimisation of duplication of functions within the public sector,” Ms Gladys Wanga, Chair of finance committee said.
The unpopular Bill was sponsored by Sirisia MP John Waluke who was pushing for the formation of Authority to coordinate national economic empowerment and poverty reduction agenda through Poverty Eradication Fund.
The Bill proposed that the creation of the authority would replace the Poverty Eradication Commission which ended on May 26, 2015, as it was recommended by the National Assembly’s Budget and Appropriations Committee (BAC) report in 2013/14 financial year.
Poverty in Kenya has been fought with mixed success through various programs, education and health initiatives over time but its reduction and eradication has remained complex.
By 1981 Kenya’s poverty was “officially” estimated at 48% and 51% in 1997 after a more credible survey from the Welfare Monitoring Survey and the 2005/6 Kenya Integrated Household Budget Survey which presented a 46.6% poverty headcount.
The data was the updated in 2015/16 which remains the country’s most recent official poverty data where overall poverty headcount fell from a CPI-adjusted 46.8% in 2005/06 to 36.1% in 2015/16.
Meaning the headcount fell from 16.6 to 16.4 million while extreme poverty dropped from 19.6% to 8.6% during the period and food poverty from 44.4 to 32%.
The dirty past has come to haunt Lunga Lunga Mp Khatib Mwashetani who has shelved his 2022 gubernatorial ambitions in favor of Kenya Ports Authority engineer Lung’anzi Chai as he resorts to the drawing board.
Mwashetani is backing Lung’anzi who has swindled from NG/ CDF like him and they both members of UDA, a fast rising political party associated with the Deputy President Dr. William Ruto. But he has not only chickened out of the Kwale gubernatorial, Mwashetani is technically taking a break from politics, may be to clean up and reinvent himself after he became unpopular for misusing CDF funds.
He wants Kwale to end in the hands of Lung’anzi, a man who pocketed bribes while serving as the CDF manager for Kinango constituency where he selected by Hon. Gonzi Rai. Lung’anzi used his top position to hawk CDF bursaries at Sh10,000 and Sh20,000 to poor parents in Kinangop.
That is the man who Mwashetani is not showing signs of defending his Lunga Lunga seat wants to become the Kwale boss. A corrupt man who will dish out lucrative tenders to individuals like him [Mwashetani] who wants to hide from the limelight.
Lung’anzi Chai [p/courtesy]He is not focused on defending his Lunga Lunga seat but he is instead planning to campaign for the DP Ruto who is eyeing presidency in the 2022 elections. His tainted image has seen him shiver from a race that is attracting big wigs and seasoned politicians like former cabinet minister Ali Mwakwere.
Mwakere recently pulled an old school stunt when he refused to hand over microphone to Agriculture PS Hamadi Boga during the burial of former Kwale Women MP Zainab Chidzuga. Boga, Mwahetani’s partner in crime is also in the race to succeed Salim Mvurya whose term will expire in August 2022. Kwale Deputy governor Fatuma Achani and one Daniel Gereza Dena are also running.
Mwahetani and PS Boga were found to have orchestrated the irregular payment of Sh1.8 billion to controversial firms that imported maize during the drought of 2017. Investigations by Ethics and Anti-Corruption Commission (EACC) also revealed that they colluded with Procurement chiefs, accountants at the Agriculture docket and directors of Blackstone Investment in the scam.
Noah Wekesa who chaired the Strategic Food Reserve Fund (SFR) at the time only raised an alarm after Sh1.8 billion had been withdrawn and paid to the Commodity House without approval from the board. The rafters of the scam claimed that the payment was meant to clear pending bills for grain imports.
But upon further investigations, EACC also found that Blackstone Investments which associated was paid Sh792.5 million is associated with Mwashetani who benefited from the proceeds though the company was not even invited to tender.
“Blackstone Investment had not been invited to tender, yet it was contracted to supply maize contrary to the Public Procurement and Assets Disposal Act (PPDA),” said Twalib Mbarak, the EACC chief executive.
ODM luminaries allied to the opposition chief Raila Odinga have accused businessman Jimi Wanjigi of engaging in early campaigns, contrary to the provisions of the electoral laws and party doctrines.
Wanjigi is eyeing ODM party’s presidential ticket against Raila Odinga and Mombasa governor Hassan Joho to run in next year’s general election.
The group led by ODM Chairman John Mbadi on Monday dismissed the meetings the tycoon has been holding with the party delegates claiming that the party’s election’s board has not ratified the list of the representatives.
“The party’s election board has not ratified the common and authentic list of delegates for those who wish to contest the presidency on an ODM ticket. The board will announce the time for campaigns,” said Mbadi said.
Wanjigi met a group of suspected ODM delegates at Aberdare Country Club in Nyeri on August 8, at Aberdare Country Club in Nyeri County who declared their support for his presidential bid.
Mbadi who believes that ODM’s presidential ticket belongs to party owner Raila Odinga dismissed the members allied to Wanjigi as sycophants but not party delegates.
The Suba South law maker called on Wanjigi to wait until the party announces the legitimate delegates before he embarks on his premature presidential campaigns.
The agitated MP further called on those seeking ODM’s presidential ticket to wait until the list is out to lock out the ticket from falling to individuals he described as conmen.
Tycoon Jimi Wanjigi, he is eyeing ODM presidential ticket [p/courtesy]Mbadi also clarified that that many top luminaries of the party have been rattled by Wanjigi’s move.
“It is not yet time for campaigns. The ODM elections board is in the process of harmonizing the list of delegates before embarking on grassroots election across the country.” Mbadi added.
Mbadi who is a key ally of Raila Odinga was angered by Wanjigi’s move to open an ODM party offices in Mt Kenya regions without consulting the party summit, a move he claimed will cause confusion and disorder.
Wanjigi who bankrolled Raila Odinga’s campaigns in 2017 wanted to open an ODM officer in Kenol town, Murang’a County but he was stopped by police who accused him of going against the laid down procedures.
“They had not notified us of their plan and when Wanjigi’s team came, we advised them to follow the process and that is where we left it,” Murang’a South Police Commander Alex Shikondi said.
The ODM chairman also accused the tycoon of trying to opening an ODM office in an area the party already has one, saying the was aimed at stirring controversies.
Mbadi compared Wanjigi’s move to that of Migori governor Okoth Obado whose attempts to open a party office in Migori led to bloody gun battles in 2017.
“Even Migori Governor Okoth Obado tried to open an ODM office in hi is county but the party denied him the permission so he doesn’t think he owns the party. There are people who masquerade as sponsors of ODM and this as has only given the party a bad name.” Mbadi said.
Wanjigi has, however, maintained that Raila and his Nasa allies should return the favour after he supported and financed them in 2017.
“I will put on an orange cap and battle it out with other candidates. I’m coming with a big force called Mt Kenya, they better give the ticket to me since they don’t have a formula. If they don’t, we shall leave them at a disadvantage. I sacrificed for them against my own community,” Wanjigi said.
The tycoon also cautioned ODM leaders who have dismissed his presidential bid saying he has been a kingmaker because he knows the winning formula.
The loss making Kenya Airways is spending about Sh500,000 daily to maintain four planes that are lying idle at the Jomo Kenyatta International Airport (JKIA) due to the ravaging effects Covid-19 pandemic has had on businesses.
The airline is spending an average of Sh14 million monthly to maintain two Boeing 737s and two Embraers which it parked in efforts to cut down on its routes when the industry resumed international flights in August 2020. The move is a common practice by airlines to reduce costs when business is low.
“We are spending on average approximately $128,000 (Sh14 million) per month to support the various storage-related maintenance activities… These are direct maintenance costs for the ones that are not in use,” KQ stated.
Kenya Airways CEO Allan Kilavuka [p/courtesy]Data from the International Air Transport Association(IATA) show that Covid-19 effects saw two-thirds of the global airline fleet being grounded in April 2020 and even after travel resumed on key international and regional routes last August, passenger numbers are still low due to public health and safety restrictions.
The national carrier claims that it has grounded the four planes due to limited capacity on major routes while one of its Boeing 787 Dreamliner planes is out undergoing heavy maintenance commonly referred to as C Checks.
KQ has a fleet of 36 aircraft, 19 of which it wholly owns while the rest are leased but Embraer is part of its 15 aircraft fleet which are mainly used for routes within Africa which generate most of its revenue and for local routes to Kisumu and Mombasa. Africa still remains it’s largest market with the airline currently operating on 40 international and two domestic routes.
The airline is under pressure to stabilize its financials after its net loss for the financial year ended December 2020 tripled to Sh36.2 billion and blamed on Covid-19 pandemic which disrupted travel across the globe.
Kenya Airways further claimed that summer travel bookings in the USA and France improved in the month of June but the rest of Europe, the UK, India but many African destinations are still weak.
Many European countries including UK have imposed strict travel restrictions on passengers from countries which are still recording high cases of Covid-19 including Kenya which it placed on the red list, a move which has barred all travelers connecting from Nairobi to enter Britain.
China has also restricted the number of flights that KQ can make in a day while America issued a fresh travel advisory against Kenya. Event the recent visit by President Uhuru Kenyatta to the British Prime Minister Boris Johnson has not helped in lifting Kenya from the red list.
The number of Covid-19 cases have also continued to rise with increased political activities for the last two weeks, leaving Kenya in the list of countries under travel bans where it was placed in April even after several media outlets in the UK projected that Kenya would join countries like Qatar, UAE, Baharin and India which were moved to amber list.
The disunity among affiliate parties forming the One Kenya Alliance (OKA) is now threatening to complicate identification of a flag bearer who will face off with the deputy president Dr. William Ruto for presidency in 2022.
The four principals Kalonzo Musyoka (Wiper), Musalia Mudavadi (ANC), Gideon Moi (KANU) and Ford-Kenya’s Moses Wetangula are retreating in Naivasha to solve the impasse after Kalonzo and Mudavadi took a hard stance on calls by President Uhuru Kenyatta to have the coalition back ODM’s Raila Odinga for the country’s top seat.
Kanu Secretary General Nick Salat has called on their partners in OKA not to ignore ODM leader Raila Odinga in their plans. Odinga’s candidature, given his age is seen as an easy ploy to transfer power to KANU’s Gideon Moi who is also harboring presidential ambitions with a small clout. Kanu is looking at a scenerio where Odinga would be deputized by Moi for one term then he hands over power to Moi.
“ It is important for people to sit down and talk. It is about what formula will hand us a win not the question of who has what numbers. That is the discussion that I hope to have,” Salat said.
Salat who is a die hard ally of Moi went ahead to accuse those discussing the issue of flag bearer of jumping the gun since the coalition is still waiting for the pending ruling on BBI to see if they will create more positions at the top and share among themselves.
“You can’t find inclusivity right now before we are sure with the BBI. Where do you leave Raila in this? You can’t ignore Raila. The only formula that we pray for is that we get a favorable ruling on BBI,” Salat added.
He was challenged by Makueni MP Daniel Manzo, a close ally of Kalonzo who argued that the criteria of picking a flag bearer should consider the number of elected leaders a party has in the current Parliament. A move that puts Kalonzo ahead of Gideon Moi who dreams of being a flag bearer or a running without considerable numbers in parliament and solid support in Baringo.
“You all know who has more votes, who has more elected leaders among the four principals. That is the formula of picking a candidate,” Maanzo said.
Principals of One Kenya Alliance [p/courtesy]He also emphasized that OKA will not soften its position to back the ODM leader for the top seat this time round. Kalonzo unsuccessfully backed Raila in the past two elections and has vowed not to back him again. Both Kalonzo and Mudavadi argue that it is now time for the ODM leader to reciprocate the gesture.
“One thing I know is that we are not going to support Raila. If the principals decide to back him they will be doing so on their own. We can agree on anything else but not on Raila,” Maanzo added.
KANU’s game plan is to rope in Odinga who has more numbers in both senate and the national assembly then treat the coalition as a completely new outfit where they have Odinga as the flag bearer and Moi jostling for running mate position with Kalonzo and Mudavadi.
But Lugari MP Ayub Savula is also ANC deputy party leader arguing that Mudavadi’s Luhya backyard has more numbers compared to Kalonzo’s Ukambani backyard which should make ANC leader the coalition’s flag bearer.
“We will adopt a common approach that is acceptable to everybody because if we start the argument of numbers then we will insist that voter population where the candidate comes from should be the main criteria,” Savula argued.
Ford Kenya has the smallest numbers and therefore did not argue much since it is believed that its leader Wetangula is comfortable of taking the senate speaker position. But Ford-K’s Secretary General Hon. Chris Wamalwa (Kiminini) said the coalition has contracted local and international survey firms to gauge the popularity of the four principals which they will use in picking the flag bearer.
“We are using some intervention like scientific surveys. Once we get those reports we will sit and evaluate. It is something that you cannot just wake up and announce; it is procedural and methodological,” Dr Wamalwa said.
Mudavadi also revealed that the coalition has an eight-member technical committee which is expected to present a progress report on OKA in Naivasha retreat.
The ANC boss further stated that the retreat in Naivasha is a joint Parliamentary Group meeting by the four affiliate parties for briefing on the road-map to 2022 polls.
“This is a PG of the parties that started the process of coming up with the new coalition……. A technical team will give a progress report on what they have achieved so far in the build up to OKA,” Mudavadi said.
The Employment and Labour Relations Court has awarded the former chief executive officer of Tatu City Limited Sh27.5 million for wrongful dismissal after it ruled that the board of directors kicked out Lucas Akungu Omariba without providing any reason for the sacking.
Justice Onesmus Makau cited Sections 43 and 45 of the Employment Act which require an employer to provide the reason(s) for termination of employment. The judge also added that the real estate developer did not discharge the burden of proof to show that the firing of Omariba was lawful and fair.
The CEO was fired in February 2015 over what the company alleged was gross insubordination to the board of directors, absenteeism, and breach of confidentiality and the duty of fidelity which led to deterioration of the relationship between the two parties.
One Christopher John Barron from Rendeavour Limited which is the leading shareholder of Tatu City, testified in Omariba’s case where he told the court that the CEO was asked for information by Rendeavour but failed to provide the information, which amounted to insubordination and consequently, his sacking.
He also accused the CEO of making negative comments on Rendeavour’s directors and staff admitted that the termination letter did not cite any reasons for the sacking.
Barron who was the Tatu City operations manager reporting to the CEO at the time of the dismissal further argued that there was friction among the directors which made it difficult to conduct a disciplinary hearing on the allegations leveled against Mr Omariba.
The court was also told that Mr Omariba retained company property and documents and refused to return them even after he was sacked and deliberately contravened the confidentiality of his contract by sharing sensitive information about the firm with third parties.
The company then sought a permanent injunction restraining Mr Omariba from breaching the confidentiality clause which the court declined to issue as the judge said the company did not demonstrate the information at stake and the risk to its business.
But the court directed the CEO to return the company property which includes two handsets (iPhone 5s and iPhone 5c) or pay Tatu City Ltd half the purchase price as the replacement cost because he used the devices to conduct company business.
It has emerged that the scandalous acting chairperson of Kenya Power Board, Vivienne Yeda Apopo and the former chairman of Kenya Pipeline John Ngumi are the architects behind the wrangles that have rocked the loss making Kenya Power.
Apopo who has a history of championing controversies is now colluding with Ngumi, the man who chairs President Uhuru Kenyatta’s panel to review Kenya Power purchase agreements to dictate tender winners by kicking out managers viewed as ‘obstacles’.
She has roped in Ngumi who is using his powerful position to change the management structure of Kenya Power board by planting his spanner boys like Sachen Gudka who was brought in to ensure that Asians in their looting ring win lucrative tenders.
Gudka was planted like Apopo or Elizabeth Rogo who joined to broker deals for international crooks, a role that earned her a slot in the larger and powerful cartel that includes Caroline Kittony who is a cousin to Baringo senator Gideon Moi.
The four board members have stumped excess authority over top managers at Kenya Power including the ouster of CEO Bernard Ngugi, a move that has was initially tried through the courts but he survived after a petition to remove him was dismissed.
John Ngumi [p/courtesy]Ngugi became a good target because he was engaged in procurement malpractice. His three year term should end in October 2022 but his replacement has been found in Rosemary Oduor who is now serving in an acting capacity. Oduor is a close ally of Apopo and Ngumi’s cartel through which she lobbied for the position. She was also used to sponsor the case that saw Ngugi kicked out on grounds of corruption.
Ngugi was among the last managers who were still surviving at Kenya Power after ten other managers including Ken Tarus and former CEO Ben Chumo were kicked out in July 2018 after they abused office and cut deals with a dubious private firm which supplied faulty transformers.
But it is Apopo’s tender wars with Ngugi that have pushed the donor community to issue threats to withdraw funding for the struggling Kenya Power. She is completely blind to the blows the agency suffered when France chose to withdraw funding after a section of the management was accused of interfering with the tenders at the parastatal.
The wars intensified after power transmission line contractors association took Kenya Power to the public procurement administrative review board to block a flouted tender. The body was pushing for a review against the accounting officer, Kenya Power in tender no KP1/6E.1/PT/1/21/ A89.
The power transmission line contractors association were challenging the supply and extension of low voltage lines last mile connectivity at the average cost of Sh20 million. Tender documents show that (LOT-A) involved supply and extension of LV single phase lines and service cables in Migori, Bomet, Nyamira, Homa Bay, Kisii and Kericho counties calculated at Sh9.2milllion or USD 83,500,000.
And the supply and extension of LV single phase lines and service cables in Kisumu, Siaya, Vihiga, Busia, Bungoma and Kakamega counties was listed under LOT B at a cost of Sh7.4 million or USD 67,100 but only Sh3,3 million was earmarked for Lot C similar program in Embu, Murang’a, Meru and Tharaka Nithi counties.
The power transmission line contractors association demanded for an order annulling the tender document and the entire procurement process just after the closure of the tender. The body also wanted Kenya Power to withdraw the tender notice and re-advertise it through a fresh notice without the supply and extension works.
But Kenya Power’s response proved futile after they filed a memorandum of response on July 5 2021 to object the demands by power transmission line contractors.
Mombasa deputy governor Dr. William Kingi is enjoying a growing popularity as the race to succeed governor Hassan Joho intensifies, exactly one year to the next year’s general election. DG Kingi had been trashed as an underdog in the race but the backing from his Mijikenda community has boosted his candidature.
The Mijikenda community is simply putting it that it is now their turn to occupy the lucrative seat which has been held by Joho who comes from a minority Arab extract for the past nine years.
Joho was first deputized by Hazel Katana in his first term but he later picked Kingi in 2017, both are from the Mijikenda community who are the majority voters at the coast.
Mombasa DG William Kingi and Governor Hassan Joho [p/courtesy]But smaller tribes have taken advantage of disunity and poverty among the Mijikenda to chest thump for plum positions. What still remains clear is that ODM party still stands a chance of producing the next governor of Mombasa county but the candidate may be different from the usual faces like Mvita MP Abdulswamad Nassir or businessman Suleiman Shahbal who are eyeing the ODM ticket.
Even the ODM party leader Raila Odinga who has been secretly pushing for the moneyed Shahbal has read the mood on the ground and assured Kingi of free and fair party nominations.
This comes after goons funded by Shahbal booed the Mombasa DG in attempts to prevent him from delivering his speech during a function hosted by Joho and graced by ODM leader at Coast General & Referral hospital.
Flip flopping Shahbal had initially dismissed Kingi as a weak candidate but with a strong Mijikenda candidate emerging, even picking a DG from the community will not do much to sway voters to his side. And with Joho backing Nassir as his preferred successor, Shahbal is also secretly engaging Wiper leader Kalonzo Musyoka as another alternative if things fail to work in ODM where he is seen as a stranger.
The feud between Kakamega governor Wycliffe Oparanya and his deputy Philip Kutima has intensified and headed to a complete fall out. Their relationship deteriorated after Kutima who is positioning himself to be succeed Oparanya was sacked from the lucrative Agricultural ministry where he was looting millions through shady deals with his allies.
Oparanya who doubles up as the ODM deputy party leader is now using his influence to have Kutima kicked out of the party’s Kakamega county chairmanship and have him replaced by Shinyalu MP Justus Kizito. Both Oparanya and Kutima have failed to market the ODM party in the region as recently witnessed in Matungu by-election where they lost to ANC party.
The governor is in record convening a meeting at Bishop Stam which was attended by party luminaries from the region including secretary general Edwin Sifuna and nominated senator Naomi Shiyonga who raised questions on how the funding from the party headquarters was being spent when ODM lacks even a single office in Kakamega but rent is being sent every month.
Shiyonga pointed accusing fingers at the party’s leadership at the county level where Kutima is the chairman. She claimed that ODM is still a force to reckon with in the region but only lacking good leadership since those at the helm are only holding positions for personal gains but not popularizing the party.
Kakamega governor Wycliffe Oparanya and his deputy Philip Kutima [p/courtesy]SG Sifuna also made it clear that the party headquarters has been providing financial support to the county to popularize and run party activities but in his response, Kutima claimed that the money sent is still intact in the account adding that he is yet to identify a good house to rent as the party office.
Kutima’s allies termed the meeting as gathering illegal organised by Oparanya whose main aim is witch hunt and a complete overhaul of the of the county’s party leadership.
This comes amid speculations that Oparanya has endorsed Kenya Electricity Transmission Company (ketraco) chief executive officer Fernandez Barasa as his preferred successor instead of Kutima. Barasa has repeatedly downplayed the developments claiming that he is still focused on running Ketraco and not local politics.
Oparanya and his deputy enjoyed a good working relationship but only fell apart recently when Oparanya claimed that Kutima is too corrupt to be trusted with the county’s top job.
The ODM fraternity prefer Barasa to contest on the party ticket as he is seen as a considerably popular contender with deep pockets to foot preferred gubernatorial campaigns.
Orange Democratic Movement (ODM) have abandoned a by-election petition where their man David Were was challenging the victory of ANC’s Peter Nabulindo. The Raila Odinga led party chickened out of the petition after noticing loopholes in their case and witnesses who could not answer many questions.
ODM had lined up Moftat Mandela, Nabii Nabwera, Boniface Odunga and Mercy Akoth as their key witnesses but upon cross examination by lawyers Michael Osundwa for Nabulindo, Charles Malala for Senator Cleophas Malala and Moni Mukele of IEBC, the ODM witnesses gave contradicting statements in their own sworn affidavits and those in police records.
The party insiders who were pushing for the petition like governor Wycliffe Oparanya have now left Were to carry his own cross as they embark marketing Raila Odinga’s 2022 presidential bid.
This is after their witnesses Mandela and Nabii claimed that they were blocked by Senator Malala’s goons while on their way to Mwira Primary School polling station but the two contradicted the time of the attack.
Another ODM witness, Odunga, claimed in his affidavit that he was shot by Malala’s bodyguard Joel Wekesa when he queued to vote at Munami polling station but he is a registered voter at Namberekea Primary School.
David Were and Governor Oparanya in a past event [p/courtesy]But Mercy Akoth stated in her affidavit that she was abducted at gunpoint while in her home in Munami by Senator Malala and goons and then tortured for over 30 minutes but in police records she claimed that she lost Sh100,000 to ANC supporters.
The disorganization within ODM luminaries who crafted the petition has now left Were confused as he admitted that he did not personally scrutinize final results declared on Form 35B and polling stations results declaration in Form 35A.
Were has even revealed that he pushed to file the petition by Kakamega governor Wycliffe Oparanya who doubles up as the deputy leader of the ODM party. Oparanya felt that the loss had exposed him as a deputy party leader who plays a small role to market the party in his Luhya backyard and nationally.
Abandoned Were sold his parcel of land in Nairobi to fund his campaigns in a by-election that was occasioned by the death of Justus Murunga who succumbed to covid-19 in late 2020.
Were who once held the Matungu seat but lost to the late Murunga of ANC in 2017 has also been abandoned by local ODM MCAs who are trooping to Nabulindo’s camp as ODM continues to lose the grip of Kakamega County.
Kirinyanga Governor Anne Waiguru boycotted a court session where she was expected to testify against former PS Peter Mangiti and 23 other accomplices in the Sh791 million NYS theft.
Waiguru was set to testify Thursday and Friday but the court was informed that she was unable to appear in court because she was attending to official engagements. The prosecution asked the court for an adjournment until September when the controversial governor will be available to testify.
The defense team expressed opposition to the adjournment arguing that Waiguru was in court in May this year and she was well aware that her testimony was today but she deliberately skipped and informed the prosecution quite late so that they could not secure new witnesses.
The court had dismissed Waiguru’s application to bar the media from covering her testimony in May when she claimed that she was apprehensive that some of her statements may be taken out of context and be misreported by the media.
Though prosecution had 10 other witnesses that they could call, they chose to wait until September 1 after Chief Magistrate Francis Andayi allowed the adjournment. Andayi is scheduled for a transfer to Nyeri but said he will try to conclude the case.
Former Devolution PS Peter Mangiti [p/courtesy]“In that regard, I can’t say I want to conclude this case before I move to Nyeri, otherwise I will have to leave the case at the point I have reached and proceed for transfer,” Andayi said.
The Magistrate also noted that they have proceeded at a good pace despite the complexity of the case which has 26 accused persons and 16 lawyers as both the prosecution and the defense expressed their desire to have him to hear and conclude the matter before he proceeds on transfer.
Governor Waiguru turned from a key suspect to a key witness in the Sh791 million National Youth Service (NYS) theft yet she was the Devolution Secretary when the millions were siphoned from the State agency.
The scandal which forced her to resign in 2015 also implicated former senior government officials who are still facing charges including the former Devolution Permanent Secretary Dr Peter Mangiti, former NYS Director-General Nelson Githinji, ex-NYS finance director Samuel Wachenje and business people like Josephine Kabura and Ben Gethi.
Controversial High Court judge Eric Ogola has been moved from Mombasa to a lesser station in Eldoret in the latest reshuffles announced by Chief Justice Martha Koome. The reshuffle that affected 23 judges has left a section of Mombasa based lawyers in high spirits as they celebrated the transfer of Ogola from where Mombasa Law Courts where he handled all high profile cases.
He will be replaced by Justice Olga Sewe who has been transferred to Mombasa in the reshuffles that will take effect set on October 1 2021. Justice Ogola shot to the limelight with controversial rulings in Mombasa that always put him under siege for favoring Joho.
Ogola always showcased that he was overprotective of Mombasa governor Hassan Joho during his stint at the coast to an extent that some Mombasa based lawyers protested to the Judicial Service Commission after he dismissed election petitions filed against politicians allied to the governor.
His relationship with the governor even pushed the some lawyers to report the matter to the JSC which they requested to profile all the cases Ogola handled in relation to governor Joho, his family and allies.
Mombasa governor Hassan Joho during a past court session [p/courtesy]Justice Ogola had earned the tag of Joho’s blue-eyed boy in the corridors of justice in a petition to the JSC where he was accused of forcing his way to handle all criminal cases involving Joho and his family.
He is also accused of using his close relationship with the Mombasa County boss to acquire prime properties in Nyali but this abrupt transfer to Eldoret now leaves him a dejected man. His counterpart Justice Weldon Korir has also moved from Nairobi. Korir is among the six judges President Uhuru Kenyatta refused to nominate to the Court of Appeal and the Environment and Lands Court.
Also affected with the transfers is Justice James Wakiaga who has been moved to Muranga High Court while Justice John Mativo is now set to head the Mombasa High Court. Justice Sergon will move to Kakamega while Justice Chacha Mwita will make a comeback to Nairobi Commercial Division where Justice Abigail Mshila has also been moved to.
The supremacy battle between Meru governor Kiraitu Murungi and Agriculture cabinet secretary Peter Munya is watering down all the desperate efforts by Mount Kenya East politicians to form a regional political party to bargain with their counterparts from Mount Kenya West ahead of 2022 general elections.
Mount Kenya East covers the counties of Meru, Tharaka Nithi and Embu whose leaders have been holding fruitless meetings to form a new political party to bargain for top slots in the next government. The two leaders have instead intensified attacks on each other as Munya who lost his gubernatorial seat to Kiraitu in 2017 vowing to oust him in the 2022 polls.
Their battle has even spilled into the floor of Meru county assembly where the two are fighting for control of numbers ahead of the 2022 general election hence dividing the local leadership down the middle and frustrating all plans to form a new political party.
The most furious one is CS Munya who boycotted the launch of a book authored by Kiraitu at Serena Hotel in Nairobi last week. Governor Kiraitu had invited all leaders from Meru to the launch of his book “Beyond Politics; A Conversation with Kiraitu Murungi” in a ceremony where chief guest was national assembly speaker Justin Muturi.
National Assembly Speaker Justin Muturi [p/courtesy]Speaker Muturi who has been blessed by President Uhuru Kenyatta as Mt Kenya’s spokesman has also hinted at contesting the presidency in next year’s general election.
His announcement came months after his controversial coronation to take over the mantle from President Kenyatta whoretires in 2022 . He has been unable to unite the warring factions in the region with about 1.2 million votersbut he enjoys the backing of Kiraitu while Munya has dismissed Muturi as a nonstarter in the state house race.
Muturi was also full of praises for Kiraitu whom he lauded for playing a pivotal role in shaping the politics of the region and the country at large. The launch was also attended by Francis Muthaura, Nyandarua governor Francis Kimemia, CS for Public Service and Gender Margaret Kobia, Peter Kagwanja, Ombudsman of Kenya Florence Kajuju, Kiarie Kamau and Mutuma Nkanata, the NGO co-ordination board chief executive.
But some key leaders who were invited still skipped Kiraitu’s event that was meant to unite the region. They include East Africa Legislative Assembly MP Aburi Mpuri who is allied to Munya. Meru woman representative Mwangaza Kawira who is eyeing the gubernatorial seat also skipped the event like Meru senator Mithika Linturi who is allied to the United Democratic Alliance party.
Their absence poured cold water on the move by other regional leaders who are pushing for the formation of party for Mt Kenya East like Kiraitu, Embu governor Martin Wambora, Speaker Muturi and Tharaka Nithi governor Muthomi Njuki.
Efforts to form a new party were also dealt serious blows when Munya publicly dismissed the coronation of Muturi. He also dismissed the speaker as a weak presidential contender, a move which put him at loggerheads with the Njuri Ncheke (Meru council of elders).
