Category: Investigations

  • Detectives Investigating Kenei’s Murder Changed After Loopholes Were Found In Their Case

    Detectives Investigating Kenei’s Murder Changed After Loopholes Were Found In Their Case

    Detectives who’ve been on the trail looking into the murder of Sergeant Kenei have been moved from the DCI unit of the police following loopholes that were found to have been derailing the case.

    Kenei caught himself in the way of the Sh40B fake arms deal that has since been pegged to the DP’s office where the whole set was put.

    Kenei’s further was also summoned recently and recorded a statement following his claims that he had been told by unnamed persons to accept that his done had committed suicide.

    The theory of suicidal was rubbished off following the postmortem results and subsequent scene evaluation that ruled murder as the possible cause of his death. Suicide was staged.

    Threw officers who have been on the case were also summoned by the DCI following a successful retrieval of data from Kenei’s phone. Initial investigations pointed that part of his phone data were deleted in what was reported as a collusion between the murderers and unnamed telecom firm.

    Its still unclear as to what made the detectives handling the case he changed and new ones assigned the job.

    Former CS Rashid Echesa who was at the center of the scam was arrested and case still ongoing. Echesa is a top Ruto’s ally.

  • Reuters Special: Coronavirus Has Paralyzed Global Narcotics Trade, Something Authorities Worldwide Have Not

    Reuters Special: Coronavirus Has Paralyzed Global Narcotics Trade, Something Authorities Worldwide Have Not

    (Reuters) – Countries around the world have spent billions of dollars bailing out businesses affected by the coronavirus outbreak. Peru’s coca farmers, who grow the bushy plant used to make cocaine, say they want help, too.

    Prices for coca leaves sold to drug gangs have slumped 70% since Peru went on lockdown last month, according to Julián Pérez Mallqui, the head of a local growers’ organization. He said his members cater to Peru’s tightly regulated legal coca market, but acknowledged some growers sell on the black market. Peruvian officials say more than 90% of the country’s coca crop goes to traffickers who are now struggling to move product.

    With the sector in turmoil, Pérez’s group is crafting a plan to ask the government to buy up excess coca inventory.

    Peru “has to design clear intervention strategies for coca,” Pérez said. “We’re screwed, just like everyone else in the world.”

    A spokesman for Peru’s anti-drugs agency said it may funnel more development aid to hard-hit areas.

    The coronavirus outbreak has upended industries across the globe. The international narcotics trade has not been spared. From the cartel badlands along the U.S.-Mexico border and verdant coca fields of the Andes, to street dealers in London and Paris, traffickers are grappling with many of the same woes as legitimate businesses, Reuters has found.

    On three continents, Reuters spoke with more than two dozen law enforcement officials, narcotics experts, diplomats and people involved in the illicit trade. They described a business experiencing busted supply chains, delivery delays, disgruntled workers and millions of customers on lockdown. They also gave a window into the innovation – and opportunism – that are hallmarks of the underworld.

    Cecil Mangrum, a narcotics detective with the Los Angeles Police Department, said an informant recently got a call from a Mexican connection offering 25 pounds of methamphetamine for $3,200 a pound. That’s more than triple the going rate from just a few weeks ago, and the highest price that he has seen for the powerful stimulant in his decade on the drugs beat.

    “I wish there was a website (where) you could report the cartels for price gouging, because the prices are ridiculous,” Mangrum said.

    Latin America is the epicenter of a global drugs trade that is estimated to be worth up to $650 billion a year, according to Global Financial Integrity, a U.S.-based think tank. Gangs reap huge profits producing and transporting cocaine, marijuana, methamphetamine, heroin and fentanyl that is sold worldwide.

    The disruptions are likely to be short-lived, some anti-narcotics experts said. Cartels have proven adept at surmounting any obstacles. The pandemic will eventually ease, trade routes will open, customers and dealers will come out of their homes.

    Still, coronavirus has managed to do what authorities worldwide have not: slow the global narcotics juggernaut almost overnight and inflict a measure of pain on all who participate.

    In Mexico, the Sinaloa Cartel has faced many threats over the years, including the jailing of former leader Joaquin “El Chapo” Guzman. But never one like the coronavirus pandemic.

    Disruptions to global trade have jacked up prices for imported chemicals such as ephedrine that are needed to manufacture meth, a major piece of the organization’s narcotics empire. Meanwhile, a partial shutdown of the U.S.-Mexico border to slow the spread of the virus has complicated distribution, according to two Sinaloa Cartel members who spoke with Reuters.

    “As the border is closed, we are having problems crossing it,” said one of the people, who helps produce the synthetic opioid fentanyl for the syndicate.

    Thousands of kilometers to the south in Brazil, drug gangs face similar distribution woes. At the giant seaport of Santos, the launching point for a substantial portion of South American cocaine headed for Europe, seizures last month were down 67% compared to March 2019, according to Brazil’s Federal Revenue Service. Ciro Moraes, the chief federal police officer in Santos, said it’s a sign that traffickers are experiencing their own personal “recession,” courtesy of COVID-19.

    “This cripples their business,” he said, if only temporarily.

    MEXICAN STANDSTILL

    The United States is Mexico’s top trade partner and the No. 1 consumer of its illegal drugs. Last year some 950,000 people entered the United States daily on foot or in vehicles through dozens of checkpoints along the 1,954-mile (3,145km) border, according to U.S. Customs and Border Protection.

    Most narcotics are smuggled in passenger cars that face far fewer checks than commercial trucks, security analysts said. The March 21 closing of the border to all non-essential travel has thrown a monkey wrench in that well-oiled machine.

    “Everything has stopped at the border,” said the Sinaloa Cartel fentanyl “cook” who spoke with Reuters.

    Wholesale prices are up about 10% in recent weeks, he added. A kilogram of fentanyl sold wholesale by his organization to a drug buyer in Sinaloa would go for about 12,000 pesos ($490), he said, but that price would soar to about $50,000 a kilo if delivered to New York.

    Raw materials are also bedeviling the cartel. Fentanyl and meth, which kill tens of thousands of Americans each year, are made with chemicals often manufactured in China, India and Germany, Mexican and U.S. officials said.

    They said factory closures, staff shortages, shipping slowdowns and tighter borders all along the methamphetamine precursor supply chain have created scarcity. A Sinaloa Cartel meth producer told Reuters that the outbreak had led to a threefold jump in prices for some ingredients, pressuring profit margins.

    Seven anti-narcotics officials in the United States, including three U.S. Drug Enforcement Administration (DEA) officials, described a U.S. drugs market in flux.

    Methamphetamine has been the most affected, with half of the DEA’s domestic offices reporting price rises, said one senior DEA source familiar with the agency’s nationwide assessment of coronavirus disruptions.

    Supplies of fentanyl, the leading cause of U.S. overdose deaths, appear to be holding steady, several authorities said.

    John Callery, Special Agent in Charge of the DEA’s San Diego Field Office, said drug prices in his sector were up about 20% across the board, except for methamphetamine, whose price has more than doubled in the last couple of weeks to as much as $2,000 a pound. Price gouging could be to blame, he said.

    In cities with looser coronavirus lockdowns, illicit activity is more resilient, police said.

    In Houston, the drugs market was holding up fine, as dealers still had hefty stockpiles, said Lieutenant Stephen Casko of the Houston Police Department. “As those reserves get used up, that’s when you’re going to start to feel the stress,” he said.

    Jerome Washington, a sergeant in the El Paso County Sheriff’s office in Texas, said the decline in vehicle traffic had prompted dealers to reduce the number of drug runs they make across the border.

    “They are just being more selective,” Washington said. “It’s like a numbers game: The more cars on roads, the more cars you can send across that will blend in.”

    Cartels appear to be looking for alternative transport, U.S. officials said. There are signs the gangs are moving more product through cross-border tunnels, according to a senior CBP official. Increased sightings of drones and ultralight aircraft at the border suggest gangs may be ramping up aerial deliveries, he added.

    “The smuggling tactic has changed,” the official said. Traffickers “either go over or under.”

    Repatriating drug money to Mexico has also proved to be a headache, anti-narcotics agents said.

    In Los Angeles, Mexican cartels launder illicit proceeds through storefront businesses in the city’s garment district, according to a senior DEA investigator in California. Profits from U.S. drug sales flow south in the form of exported household goods that the cartels sell in Mexico to get their cash, the agency said. But the closure of nonessential businesses in California has impeded that scheme, the DEA investigator said.

    ‘EVERYTHING IS PARALYZED’

    South America was awash in cocaine long before anyone had heard of COVID-19. Record production in recent years has weighed on prices. Drug gangs ramped up exports, authorities said, shipping unprecedented quantities to longstanding markets in the United States and Europe, while cultivating new customers in the Middle East and Asia.

    In the United Kingdom, cocaine seizures in the 2018/19 financial year reached 9.65 tonnes, the highest total since records began in 1973, and up nearly 200% compared with the 2017/18 total, the Home Office said.

    In Peru, the world’s No. 2 producer behind Colombia, a national lockdown to stem the virus has functioned like a shutoff button on the country’s cocaine conveyor belt, according to Miguel Ángel Ramírez Vásquez, a senior member of Peru’s anti-narcotics police. With borders closed, flights reduced and roads more rigorously patrolled, he said gangs are having trouble moving drugs.

    “Everything is paralyzed. Nobody is buying and nobody is selling,” Ramírez said.

    Among the hardest-hit areas is the verdant valley of the Apurímac, Ene and Mantaro rivers. Known as the VRAEM, it produces around 43% of Peru’s 50,000-hectare harvest, according to the United Nations Office on Drugs and Crime. Pérez, the coca growers’ representative, said almost all of the region’s 500,000 people live off the crop.

    The state-run National Coca Company (ENACO) purchases some of the country’s production for pharmaceuticals and beverages at prices well below what drug traffickers normally pay. But an estimated 93% of Peru’s crop is converted illegally into cocaine, ENACO has said.

    Pérez said his group, known as FEPAVRAE, is discussing ways to get ENACO to buy up their excess coca. He declined to share details.

    “It’s an internal discussion within the organization,” he said. “We’re working on it.”

    Cristian Galarza, the general manager of ENACO, said he had not heard of the internal FEPAVRAE plan. But he was not surprised.

    “Because of the coronavirus situation, everyone has to get creative and find alternatives,” he said. Still, he said it’s unlikely that ENACO, which has annual sales of about 35 million soles ($10.34 million), could help many of those affected.

    “If there is a coca grower … who has been selling illegally, we won’t work with them,” Galarza said. “If they go to the other side, it’s difficult, they’ve crossed a line.”

    Rubén Vargas, the head of Peru’s anti-drug agency DEVIDA, was also unaware of the coca growers’ plan. He said DEVIDA had already budgeted 70 million soles ($20.68 million) this year for rural development projects in the VRAEM, and may provide more to help areas most affected by the outbreak.

    “We will work with all the social organizations and producers who have additional proposals in the framework of this emergency that we’re living,” he said.

    Ramírez, the anti-drugs cop, was apoplectic about the growers’ plan.

    “When it’s going well for them, they sell to drug traffickers; and when it’s going badly, they stick out their hand for government support,” he said. “What do they think they’re growing? Pineapples?”

    SUPPLY PRESSURE

    Across the border in Brazil, traffickers face the opposite problem: Cocaine prices are up sharply due to dwindling supplies, according to a federal police officer who spoke on condition of anonymity.

    He said the wholesale price of a kilo of cocaine has risen 40% to 20,000 reais ($3,735) in recent weeks in the northern Amazon city of Manaus, a transit hub for moving Andean cocaine through Brazil and on to Europe.

    While drugs are piling up in Colombia and Peru, “here (in Brazil) the price is expensive, as there is no product,” the federal cop said.

    In the southeastern Brazilian port of Santos, Latin America’s biggest, seizures of Europe-bound cocaine have dwindled, according to Moraes, the federal police chief there. Customs officials nabbed just over a tonne of cocaine in March 2020, compared with 3 tonnes in the same month last year.

    Moraes believes less cocaine is entering Brazil. He also suspects European demand is down, in part because trafficking outfits there are struggling to move the product amid lockdowns.

    In France, the shutdown of bars and party venues has led to a decrease in the use of recreational drugs like cocaine, MDMA, ketamine and LSD, the French Monitoring Centre for Drugs and Drug Addiction (OFDT) said in an April report examining the impact of the pandemic on the nation’s illicit drugs trade.

    Dealers have been quick to react to the new reality, the report said, with some maintaining a safe distance from clients and even “selling hand sanitizer, gloves and masks.”

  • How Safe Are Covid-19 Testing Kits Coming To Africa As European Countries Flag Coronavirus Contaminated Supplies From China

    How Safe Are Covid-19 Testing Kits Coming To Africa As European Countries Flag Coronavirus Contaminated Supplies From China

    Having been declared a pandemic, Covid19 is giving countries sleepless nights. It happens that China is the large if not the only country supplying the world with medical supplies from testing kits, PPEs and other remedial medicines for the coronavirus.

    As countries rush against time to prevent catastrophic deaths, there’s yet another huddle, quality and accuracy of the Covid19 testing kits. As a curbing measure, governments are embarking on mass testing and isolation of infected to cut the spread chain.

    In a most shocking development, several countries have reported that testing kits, protective equipment and medical devices sent to them to combat COVID-19 were itself found to be contaminated with Coronavirus. Meanwhile, in the US the lab authorized to make coronavirus testing kits itself was found to be contaminated with coronavirus. As secret services have launched a worldwide Intelligence War over Coronavirus related medical supplies, the widespread contamination of the coronavirus testing kits poses a serious concern.

    Last week, the UK disclosed that key components of the coronavirus testing kit the UK government had ordered from China were contaminated with the coronavirus itself! On Monday, the 30th of March, 2020, laboratories across UK were warned that there would be a delay in the delivery of “probes and primers.”

    It was reported that the testing kits were sent from China and were found to be contaminated with the coronavirus when they were being surveyed by a Luxembourg-based company, Eurofins Scientific.

    Eurofins admitted to the contamination saying, “We are aware that contaminations of the nature you mentioned have been observed by several primers and probes manufacturers around the world after they produced SARS-COV2 positive controls. ‘Those initial problems can be easily resolved by proper cleaning and production segregation procedures.” A positive control enables assessment of new test’s ability to detect a disease.

    In was in its February 2019 annual report, that Eurofin Scientific’s CEO Gilles G. Martin claimed, that the firm was already capable of handling coronavirus-stricken operations. “Eurofins food testing laboratories in China have already developed testing methods for SARS 2-CoV to help manufacturers resume their business activities.” He also spoke of how criminal cyber-attacks hit many of the Company’s laboratories in June of 2019.

    Why isn’t Eurofins being ratted out for such a horrific gaffe? The Company sent testing kits contaminated with coronavirus! Why aren’t its officials being taken in custody and questioned at the highest levels for putting millions of lives in danger?

    The curious case of undisclosed Contamination in US lab

    In early March, 2020, a senior federal scientist in America and the country’s Food and Drug Administration (FDA) issued shocking statements disclosing that the Atlanta laboratory of the Centers for Disease Control and Prevention (CDC) authorized to make the coronavirus testing kits was itself found to be contaminated. The background to this being that although the WHO had shipped its coronavirus testing kits worldwide to 57 other countries, the U.S. had decided to make its own.

    Timothy Stenzel, the Director of the CDC office of In Vitro Diagnostics and Radiological Health, was sent to the Atlanta lab on Feb 22 to help coordinate the administration’s coronavirus response. Surprisingly, the test specialist was stopped at CDC’s door and made to wait overnight, two individuals with knowledge of the episode told POLITICO. The scientist was granted permission to be on campus only after senior health department officials negotiated his access in a series of calls.

    After the episode, Stenzel found evidence that the lab was contaminated with coronavirus and reported it to the U.S. Department of Health and Human Services (HHS). It is unclear which senior health officials, at which agencies, knew about the CDC contamination and when they learned of them. HHS has convened a team of scientists from outside the CDC and launched an investigation into the matter.

    The Race for Medical Equipment

    Governments worldwide are geared up in a massive race for medical diagnostics, testing kits, treatment and vaccination efforts. Governments are engaging in covert intelligence operations related to coronavirus at the highest levels in the race to procure protective equipment and gear, called PPE (Protective Equipment Personal) in medical parlance, which are in great shortage.

    Such an evidently nightmarish situation, finding the coronavirus testing kits themselves contaminated with coronavirus in countries such as the U.S. and UK, raises many questions about not just the specific instance of sourcing, but the bigger geopolitical war-games being played out at an international level.

    In June of 2009, the World Health Organization (WHO) constituted an emergency committee of undisclosed individuals and declared the H1N1 outbreak a “pandemic,” which triggered Buy clauses on vaccination products from various developed countries. These purchases turned out to be not so necessary in the countries making the initial purchases, but fell short in countries which were most affected and couldn’t purchase them in time, resulting in soaring profits for vaccine makers – all down to the machinations of certain undisclosed decision makers!

    Government officials at JKIA to receive medical supplies from China.

    In Canada, a similar story emanates, Thousands of kits meant to screen for COVID-19 delivered to New Brunswick from a supplier in China were contaminated and can’t be used at this point.

    With endless red flags, Beijing is stepping up its oversight of exports of coronavirus test kits after several European countries complained about the accuracy of some Chinese-made tests.

    Chinese exporters of coronavirus tests must now obtain a registration certificate from the National Medical Products Administration (NMPA) in order to be cleared by China’s customs, the NMPA said in a statement late on Tuesday.

    Beijing had been encouraging Chinese firms to export test kits and other supplies to help battle the coronavirus pandemic, leading to a surge of companies offering kits to countries desperate to get a handle on the fast-moving and highly contagious disease.

    Some Chinese test kit makers had been taking advantage of easier European Union regulations to get their products into the market before they were approved at home.

    In March, Lei Chaozi, an official with the Ministry of Education, said China-made testing kits had already been supplied to 11 countries, including the UK, Italy and the Netherlands.

    But the accuracy of some Chinese tests marketed overseas without Chinese approval have been questioned by European health authorities.

    Spain withdrew a batch of rapid tests manufactured by Chinese diagnostics firm Shenzhen Bioeasy Biotechnology after the product was found to have low sensitivity, which means they were unable to detect infection sufficiently.

    Bioeasy said in a statement that the inaccurate readings could be because samples were not collected and processed correctly. Bioeasy said it failed to adequately communicate with clients on how to use the test.

    Separately, a spokeswoman from China’s foreign ministry said last week that Slovak government officials had questioned the reliability of rapid tests purchased from China.

    The preliminary conclusion from the Chinese consulate in Slovakia was that the inaccuracies were the result of medical workers using the kit incorrectly, the spokeswoman said.

    ANTIGEN TESTS

    Bioeasy’s rapid tests, as well as the tests questioned by Slovak officials, are antigen tests, a method that targets the virus’ protein to detect infection and can deliver results more quickly than the alternative nucleic acid method.

    But antigen tests require higher level of virus load and therefore could fail to diagnose people correctly when the samples only contain small amount of virus, Dr. Chen Guangjie, an immunology professor at Shanghai Jiaotong University, told Reuters.

    New coronavirus test makers in China are entering the European market during a transition between two regulatory systems.

    A stricter rule will come into force in 2022 that will require many infectious disease diagnostic product manufacturers to follow procedures that can take up to a year or more to get a CE mark that indicates approval to be legally sold in European countries.

    Current regulations used by several Chinese companies allow manufacturers to obtain CE Mark after submitting a dossier of documents without compulsory verification by authorized third-parties.

    Now, China’s tightened scrutiny is interrupting test manufacturers’ overseas expansion plans.

    Xi’an Tianlong Science and Technology, a Chinese firm which received the CE Mark in March and has been in the process of churning out testing reagents that can supply tests for over one million people, told Reuters it now can’t meet its export orders.

    “Our reagents don’t have (NMPA) certificate and cannot be exported,” the company’s marketing director Feng Zhenzhen said, adding the firm is “actively” applying for Chinese regulator’s approval.

    Jam Chan, marketing general manager at Osmunda, a service firm that advises Chinese medical product firms on getting overseas approvals, said many recently developed tests in China haven’t gone through strict clinical trials, which means the self-declared accuracy rate printed on the products is not properly validated.

    “Better not exporting products than offering inaccurate products that can lead to fake results,” said Chan. “The quality of products that have been through domestic review before being exported is at least guaranteed to some extent.”

    The Africa Centres for Disease Control and Prevention (Africa CDC) plans to distribute one million COVID-19 test kits from next week to help countries across the continent address a testing shortfall, according to the director of the African Union body.

    Official figures show that Africa has so far been hit less hard than other continents by COVID-19, the disease caused by the new coronavirus, with 911 known deaths and 3,546 registered recoveries among 17,247 confirmed cases.

    But limited testing in many countries has deprived African officials of a full picture of the disease’s spread.

    Nigeria, with nearly 200 million people, has conducted about 6,000 tests, while Ethiopia, with more than 100 million people, has conducted about 5,000, Kenya with 45M has conducted 10,000 tests.

    Health officials in various parts of the continent are also trying to assess equipment needs.

    While South Africa has about 1,500 ventilators – breathing machines that can be essential to saving patients in serious COVID-19 cases – there are 10 countries in Africa that have none at all.

    The World Health Organization has said fewer than 5,000 intensive care unit beds are available across 43 of the continent’s 54 countries, noting “This is about five beds per one million people in the reported countries compared to 4,000 beds per one million people in Europe.”

    Last week, African Union officials said countries on the continent are struggling to compete with wealthier states for testing kits and other equipment necessary to curb the spread of the coronavirus.

    In the backdrop of these developments, a question that is not getting an answer is just how safe and accurate are the kits coming to Africa are? Could Africa get a better deal than the duped European countries or shall be served with garbage? There’s no African government that has flagged any supply yet.

    “Two Companies from China sold fake COVID-19 test kit to UK for us£20m (Kshs. 2.12Billion). Recuperating PM Boris Johnson who had praised the kit is beyond embarrassed. Even Gov’ts like UK with world class scientists can be conned. Imagine miserable Africa.” Kenyan Lawyer Donald Kipkorir opined.

    Widespread testing—which even the United States has so far failed to implement—may well prove impossible for many African countries. Alternate strategies, such as social distancing, where possible, or restrictions on travel between urban and rural areas, and across national borders, may ultimately prove more effective in limiting the spread of COVID-19 across the population. Even if supply bottlenecks can be overcome—which would allow many African countries to exploit the existing expertise in contact tracing that has been developed during previous Ebola outbreaks—barriers to the distribution of test kits may prove too high.

    Additional reporting by Reuters.

  • Report: Kenya’s Tea Sector Is Undermined By The Predatory Behavior Of KTDA And It’s Subsidiaries

    Report: Kenya’s Tea Sector Is Undermined By The Predatory Behavior Of KTDA And It’s Subsidiaries

    The long-awaited tea reforms in the tea industry have started taking shape with the government outlining the various regulatory and administrative reforms it intends to undertake in the sector. They include the audit and tracing of deductions of money belong to smallholder tea growers over the last 10 years, evaluation of the management of the KTDA holding and reserve accounts, evaluate and document losses occasioned by the pooled management of farmers’ earning by KTDA including cash held banks and monies held and/or lost to banks in distress, assess the application and use of public and farmers assets by KTDA.

    Peter Munya the Cabinet Secretary Ministry of Agriculture, Livestock, Fisheries and Cooperatives outlined the proposed reforms when he launched the revised draft of tea regulations. The CS says the regulations are submitted for public consultations for a period of fourteen (14) days from today. The regulations shall be available on the websites of both the Ministry of Agriculture, Livestock, Fisheries and Cooperatives and the Agriculture and Food Authority (AFA). A hotline has also been provided at AFA for purposes of providing any clarifications. The Ministry shall only be receiving written Memorandums from members of the public due to inability to hold any public gatherings in the wake of Ministry of Health guidelines on social distancing among other measures in the management of COVID-19 pandemic.

    Munya says the good performance of the tea sector is a central public policy issue because approximately 70% of tea production in the country is undertaken by small scale tea farmers. The challenges facing the tea sector, if not addressed he says have the potential to recreate the problems faced by the coffee sector over two decades ago that led to neglect and/or abandonment of coffee bushes by farmers and the prevailing low coffee production in the country. He adds that the real threats to smallholder tea farming and the macro-economy have therefore created an urgent need for proportionate Government intervention in the sector in the manner more particularly advocated in the Presidential Directive issued on 14th January 2020 to overhaul the sector.

    During the launch, CS Munya identified the problems that need to be addressed in the sector some which he says need urgent intervention once the regulations come into effect. “The Government has therefore contextualized the challenges facing the tea sector and more particularly the tea farmers into three broad categories namely a dysfunctional tea auction system; control and predatory behaviour of Kenya Tea Development Authority (KTDA) and its subsidiaries in the tea value chain; and low and unstable tea prices,” says Munya. “Moreover, the tea sector is undermined by the manipulation and predatory behaviour of KTDA and its subsidiaries on the value chain. KTDA which supplies over 60% of the tea traded at the auction has consistently used its market power, dominance and influence to undermine the auction, curtail price discovery and exploit the vulnerabilities of smallholder tea growers,” he adds.

    On the tea auction, Munya says it is “a dysfunctional and inefficient tea auction system characterized by lack of transparency, accountability and competition; and prone to manipulation, capture, insider trading and cartelization by value chain players leading to ineffective price discovery, low prices and poor earnings to tea farmers. The structural character of the tea auction in Mombasa in terms management, governance and decision making processes is that it is a club where all value chain players, that have a direct commercial interest in the outcome of the auction process run the auction. This is a serious conflict of interest that predisposes the auction process to capture by vested interests, insider trading, price-fixing and other malpractices.

    On the issue of prices, the CS says tea farmers have been plagued by a twin problem of low prices and price volatility. He says while the low prices have eroded direct earnings by tea growers, tea price volatility has led to unstable cash flow for tea farmers.

    Regulatory Interventions

    To address these challenges, Munya says the following regulatory remedies have been proposed for implementation immediately these regulations come into effect:

    • All teas produced in Kenya for the export market in shall within two (2) months after coming into effect of these regulations be sold exclusively through the auction process.
    • Henceforth, sale by private treaty commonly known as Direct Sales Overseas is outlawed
    • Any teas that are not sold during a particular auction shall be re-listed for sale during the subsequent auction;
    • All registered tea auction organizers shall establish an electronic trading platform for tea auction. However, a tea auction organizer existing before the commencement of these regulations shall establish and migrate tea trading to an electronic trading platform within two (2) months from the commencement date of the regulations;
    • All tea buyers shall henceforth submit to the Regulatory Authority (AFA) a performance bond in the form of a bank guarantee equivalent to 10% of the estimated value of the tea they intend to buy to underwrite commercial risks associated with buyers who fail and/or refuse to pay in full for the tea bids they win at the auction;
    • All buyers shall pay in full for all teas they win at the auction before they take custody and lift the tea for export
    • All factory Limited Companies (Tea Factories) shall henceforth register and enlist with the Authority and auction organizer to participate at the tea auction directly;
    • A registered tea broker shall offer brokerage services to a maximum of fifteen (15) factory limited companies. Brokers that are already in operation shall continue with their business uninterrupted until the tenure of their registration is due for renewal;
    • All monies from the sale of tea at the auction shall be remitted directly to Factory Limited Accounts within fourteen (14) days from the auction date less only the agreed commission for tea brokers;
    • Factory Limited Companies shall within thirty (30) days from receipt of proceeds from sale of tea pay tea growers at least 50% of the payment for green leaf delivered every month;
    • The balance due to tea growers shall be paid by the factory limited companies within the financial or calendar year as shall be agreed with the growers

    In order to address the challenges associated with the lopsided nature of the existing management agreement framework with Factory Limited Companies, the following regulatory interventions are proposed:

    • Any management agency agreement with a factory limited company shall be for a tenure not exceeding 5 years;
    • The remuneration for any management service shall not exceed two per cent 2% of the value of tea sold per year;
    • Company secretary services shall be excluded from the services offered by management service providers;
    • Factory Limited Companies shall either recruit in-house company secretaries or outsource the service
    • A director or affiliate of a management service provider shall not serve as a director or have a direct commercial relationship with a factory limited company they serve

    Short to Medium Term Policy and Administrative Interventions

    To address other systemic challenges facing the tea sector, the Government proposes to engage professional consultants with the necessary experience in the tea industry to provide technical advice on further necessary policy and administrative reforms to improve efficiency and productivity in the value chain. In particular, the following interventions are proposed in this respect:

    • Undertake a technical study to define a clear migration path and governance framework from the current tea auction structure to an efficient, competitive and responsive Commodities Exchange for tea. In particular, the study will provide technical advice on the governance framework to deal the inherent weakness of the current auction system that includes predisposition to conflict of interest, capture by vested interests, insider trading, dominance in the auction market and ineffective price discovery system.
    • Undertake a study to evaluate the impact of KTDA commercial behaviour on the entire value including and more particularly the earnings to smallholder tea growers. In particular, the study would undertake a historic audit and tracing of deductions of money belong to smallholder tea growers over the last 10 years, evaluate the management of the KTDA holding and reserve accounts, evaluate and document losses occasioned by the pooled management of farmers’ earning by KTDA including cash held banks and monies held and/or lost to banks in distress, assess the application and use of public and farmers assets by KTDA, evaluate the risks associated with the sale of tea by private treaty by KTDA and losses that farmers have incurred due to this arrangement; evaluate the extent of application of farmers’ resources in the initial and on-going capitalization of KTDA subsidiaries and value of these subsidiaries to the tea growers among other considerations.
    • Undertake a study on the setup, resourcing and management of a price stabilization fund for tea growers and develop a framework for implementation of a sustainable Minimum Guaranteed Return (MGR) for tea farmers; and
    • Establishment of a steering committee to oversee, monitor and evaluate implement these policy, regulatory and administrative reforms and report to the cabinet secretary.

    This article originally appeared on kilimo

  • Former PS Lilian Omollo Loses Sh33M Frozen In Her Account

    Former PS Lilian Omollo Loses Sh33M Frozen In Her Account

    Lilian Muthoni Mbogo has lost a battle that she’s been fighting for ages. The former has spent a better part of her recent days in and outside the courts trying to salvage and have her money back that the court had frozen. However, for her, the wait has taken a bad turn.

    The High Court on Wednesday ordered forfeiture to the State of about Sh33 million in the bank accounts of the former Youth and Gender Principal Secretary be forfeited to the government.

    Assets Recovery Agency had asked court to freeze her account and she was tasked to explain the source of her wealth something that became a toll order. Lilian was amongst the top officials having been in the NYS II scandal where hundreds of millions stolen. She spent days in jail before the court granted her bail.

    “The respondents have millions of funds in their accounts and this court has found they are unable to show a legitimate source,” Judge Ngugi said when she was giving the orders.

    The former PS had told the court that she made the money partly from her salary as a government official and also from her husband’s as a consultant in South Sudan. She also argued that partly the money was from her cucumber farm in Rarieda. The court even sent evaluators to her farm in Siaya but were unsatisfied that it could make her the millions as she had mentioned.

    In her Equity Bank she had $67,331 under her name while another in the name LIDI Estates Ltd had $28,981.

    Another account at the same bank, also under LIDI Estates Ltd, had Sh2,297,495 while another had $8,979.

    Another account at Equity in Ms Omollo’s name had Sh1.68 million while one in the name Sahara Consultants at Diamond Trust Bank had Sh5.65 million.

    Three accounts in Ms Omollo’s children’s names had more than Sh11 million.

    Documents filed in court state that the amounts were deposited between January 2016 and March 2018.

    Additional reporting from DN.

  • Illicit Financial Flows In Africa

    Illicit Financial Flows In Africa

    By Landry Signé, Mariama Sow, and Payce Madden

    Since 1980, an estimated $1.3 trillion has left sub-Saharan Africa in the form of illicit financial flows (per Global Financial Integrity methodology), posing a central challenge to development financing.

    While the international development community often focuses on the amount of aid and investment that enters the African continent, the other part of the balance sheet—the funds exiting the continent—has often been overlooked. Between 1980 and 2018, sub-Saharan Africa received nearly $2 trillion in foreign direct investment (FDI) and official development assistance (ODA), but emitted over $1 trillion in illicit financial flows. These flows, illicitly acquired and channelled out of the continent, continue to pose a development challenge to the region, as they remove domestic resources which could have been crucial for the continent’s economic development.

    There is no widely agreed-upon definition of which specific forms of capital movement constitute illicit financial flows. Global Financial Integrity, a non-profit, Washington, DC-based research and advisory organization, defines illicit financial flows as “the illegal movement of money or capital from one country to another.” This narrow definition of illicit financial flows covers activities including hiding the proceeds of crime, channelling funds towards criminal destinations, and evading tariffs and taxes through misreporting of transactions. Wider definitions generally focus on actions that are not strictly illegal, but which are undesirable because they result in reduced tax revenues, including tax avoidance actions such as strategic transfer pricing.

    Trade mis-invoicing is one method of laundering money for illegal transfer to another country. It occurs when exporters or importers deliberately misreport the value, quantity, or nature of goods and services in order to evade taxes, take advantage of tax incentives, avoid capital controls, or launder money. Multinational companies regularly evade taxes in countries where they operate, especially in developing countries, through trade mis-invoicing, among other schemes.

    As expected, larger economies have higher levels of illicit financial flows. As well, higher taxes and higher inflation lead to higher illicit financial outflows, suggesting that firms seek out relatively more stable or favourable fiscal environments for their funds. Furthermore, emerging and developing economies in Asia and the Middle East have become major destinations for illicit financial flows from Africa. While part of this shift can be explained by the reduction in trade levels with developed economies, the large upsurge of illicit flows to these economies cannot solely be explained by increased trade values.

    Impact of illicit financial flows

    Illicit financial outflows from Africa are concentrated in a few countries and a few sectors—in particular, the extractive and mining industries. In fact, fuel exporters were responsible for nearly half of the illicit financial flows from Africa between 1970 and 2008. Notably, oil price increases are associated with increases in illicit flows. Moreover, there is a statistically significant relationship between oil exports and illicit financial flows: studies show that for every extra dollar in oil exports, an additional 11 to 26 cents leaves the country in the form of illicit financial flows. In addition, oil is not the sole resource conducive to illicit outflows of capital. In South Africa, the vast majority of illicit capital flows arise out of transfer pricing from the mining sector.

    Resource-exporting countries are more prone to exporting large amounts of illicit financial flows due to several factors. First, large exports of oil provide more opportunities for trade mis-invoicing. Second, in oil industries, the line between private and public interests is often blurred, as government officials often own stakes in state-owned companies. Moreover, the funds created from extractive industries provide political leaders with a certain level of independence, then removing the need for accountability from politicians involved in those industries. Third, extractive industries require a high level of expertise, which leads to relatively low levels of competition, creating oligopolies who may collaborate with governments and competitors for contract negotiations, joint ventures, and other arrangements. The low levels of competition can also lead to companies working together to export illicit capital outflows. Finally, resource-rich countries tend to have higher rates of corruption, further compounding challenges associated with illicit financial flows.

    Illicit financial flows drain resources that could be used for the continent’s development, meaning that a reduction in illicit financial flows could potentially lead to a corresponding reduction in aid dependence by increasing the availability of domestic resources. While illicit financial flows are a constraint to development financing in Africa, it remains difficult to assess the link between illicit financial flows and poverty reduction, as the channel through which this link materializes is through reduced government funding for poverty reduction programs such as in health and education, or through indirect channels such the negative effect of low investment on incomes.

    Illicit financial outflows have been found to have a strong and negative effect on investment rates, notably private investment. In addition to foregone investment, illicit financial flows are presently curtailing Africa’s savings rate. While increased savings can open the door for increased investments in human development, the relationship may be circuitous. A 2015 paper on financing investment in sub-Saharan Africa, for example, finds that human development—coupled with good governance—has a positive impact on savings rates. The paper claims that investments in education and health can lead to a more prosperous economy, which generates larger tax revenues and can increase domestic savings. It is possible that if decreasing illicit financial flows leads to increased savings, then these funds can be reinvested in activities that improve human development, which will in turn improve the savings rate.

    Destinations of illicit financial flows from Africa

    While good domestic policies are necessary for reducing illicit flows, destination countries also carry part of the responsibility to fight illicit financial flows: tax evasion, for example, though not by definition illegal, can be a key component of illicit financial flows, and is often done by multinationals from advanced economies. Identifying major destination countries can encourage them to take the precautions necessary to reduce the share of illicit financial flows they host.

    China hosts the greatest extent of illicit flows, almost twice as much as the second-position United States. Between 1980 and 2018, China hosted 16.6 percent of all estimated illicit flows from sub-Saharan African countries, while the United States hosted 9.1 percent, the United Kingdom 5.4 percent, and India 5.0 percent. Reflecting the drastic increase in China-Africa trade in the past two decades, the majority of China’s illicit financial flows from Africa have occurred in recent years: Our analysis finds that 85 percent of total illicit flows to China have taken place between 2010 and 2018.

    Mexico has the highest extent of illicit flows as a percent of trade, at over 50 percent of all trade, followed by Bahrain. Two sub-Saharan African countries—Benin and Niger—are among the top 10 hosts of illicit flows as a percent of trade total illicit financial flows to China have increased commensurately with trade since 2000, while total illicit flows to the US remained fairly constant, increasing slightly in correspondence with an increase in total trade from 2008 to 2011. As a percent of trade, illicit flows to the United States followed a decreasing trend from 2000 to 2018. In contrast, in China, the evolution of illicit financial flows has followed a more complex pattern: As a percent of trade, illicit flows remained below 15 percent from 2006 and 2010, increased dramatically between 2011 and 2014 to a peak of 26 percent in 2014, and then declined to an average of 14 percent from 2015 to 2018.

    The change in illicit financial flows as a percent of trade to China during the 2008-2010 period provides insight into the pattern of illicit flows to China over the past two decades. After dropping to their lowest levels in a decade in 2008, coinciding with the global financial crisis, illicit financial flows as a percent of trade toward China increased noticeably after 2010. In the post-crisis era, the Chinese government created a $586 billion stimulus package to minimize the impact of the financial crisis and boost the country’s economy. The package led to a 3.2 percentage point increase in China’s GDP growth and to increased investment, consumption, and trade. Notably, studies have found that, in the period following the adoption of the stimulus package, both experiences and perceptions of corruption in China increased

    The stimulus package and the subsequent increase in both trade and corruption could be factors behind the surge in illicit financial flows witnessed in the post-crisis era. At the end of 2012, Chinese President Xi Jinping launched an anti-corruption campaign. To date, the campaign has resulted in the investigation and disciplining of thousands of government officials. Anti-corruption mechanisms in China could have contributed to the decline in illicit financial flows from Africa from their peak in 2014.

    Combating illicit financial flows

    As the case of China demonstrates, curbing illicit financial flows requires cooperation at the global level. Indeed, the past decade has seen increased effort from the global community toward reducing illicit financial flows. Such efforts range from creating initiatives to curb money laundering to improving the sharing of tax information across countries. One of the first legal instruments created to combat illicit outflows of capital was the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988, also known as the Vienna Convention.

    This instrument includes rules against money laundering and urges parties to work together to allow for the identification, tracing, and seizure of illicitly acquired financial proceeds. Other notable initiatives include the Financial Action Task Force (created 1998), the Global Forum on Transparency and Exchange of Information for Tax Purposes (created 2009), and the Inclusive Framework on Base Erosion and Profit Shifting (created 2016).

    Repatriation efforts

    While stopping illicit outflows of capital before they happen is important, repatriating funds that have been smuggled out can also be an important tool to solidify the domestic resource base of African countries. Challenges to repatriation efforts are numerous. For instance, many developing countries lack the judicial capacity necessary to produce legitimate requests for asset recovery. Moreover, differences in legislation between the place where money is laundered and the place where the theft occurs is a hindrance to asset recovery. In addition, there can be a lack of cooperation from developed economies when asked for funds recovery.

    One example of successful repatriation of illicit financial outflows comes from Nigeria. In 1998, the country launched the Special Police Investigation to investigate former Nigerian leader General Abacha’s alleged theft of more than $3 billion. Recovering the funds, which were mainly housed in Switzerland, was a tedious five-year process. In 1999, the Nigerian government, then led by President Olusegun Obasanjo, hired the Swiss legal firm Monfrini and Partners to assist in tracing the looted funds. That same year, Swiss authorities issued an asset freezing order, upon receiving a request for mutual legal assistance. Still, repatriating the funds did not happen until 2004 as Swiss authorities were requesting a final forfeiture judgement from the Nigerian courts. Monfrini and Partners argued that Abacha’s funds were obtained illegally, and the final forfeiture requirement was waived.

    While this example shows the difficulties that arise in trying to repatriate looted funds, it also shows that African countries can successfully relocate and repatriate illicit outflows from their countries. Then again, this initiative required significant resources from the Nigerian government which smaller African economies may not be able to afford. In September 1999, Obasanjo gave an address to the United Nations General Assembly where he called for the creation of an international convention that will facilitate the repatriation of wealth that was illicitly acquired and kept abroad.

    In 2007, the U.N. Office on Drugs and Crime (UNODC) and the World Bank launched the Stolen Asset Recovery (StAR) Initiative. The initiative’s action plans include the creation of a pilot program to help countries recover stolen assets through the provision of legal and technical assistance. This assistance could include helping countries draft requests for mutual assistance, such as the document that led to the freezing of Abacha’s asset in the Nigerian example cited above. Nevertheless, the funds that have been repatriated using some assistance from the initiative stand well below total looted funds. This outcome shows that countries still have difficulty acquiring the funds and support necessary to attempt repatriation requests and other efforts.

    Furthermore, between 2006 and mid-2012, OECD members returned only $423.5 million of stolen funds to developing countries, barely affecting the gap of $20 billion – 40 billion smuggled out of said countries annually. In the Nigerian case cited above, only $504 million of the stolen $3 billion was repatriated to Nigeria. In another example, in 2012, Switzerland repatriated $64 million in looted funds to Angola that were allegedly stolen between 2004 and 2012, but, over that period, illicit outflows from Angola to the world amounted to $23 billion. Thus, while repatriation efforts are important, present actions must be scaled up and improved within and across countries to repatriate a more substantial amount of illicit financial outflows.

    Recommendations

    Over the years, illicit financial flows from Africa have moved away from advanced economies toward emerging economies. Part of this shift can be explained by the reduction in trade levels with developed economies. However, the large upsurge of illicit flows to certain emerging and developing economies in Asia and the Middle East cannot solely be explained by increased trade levels.

    While there are initiatives in place to curtail illicit financial flows, many of them stem from advanced economies, including G-20 and OECD countries, and may fail to address the upsurge in illicit flows toward emerging and developing economies. Where emerging economy countries have difficulty launching efforts against illicit financial outflows from their countries, so too will these emerging host countries face enormous challenges in stopping illicit flows or repatriating funds. African policymakers should make more efforts to work with their counterparts in the Middle East and Asia to create policies that address the drain on Africa’s development resources.

    While African countries work to halt financial flows before they exit the continent, the global community must also increase and improve repatriation efforts. Well-executed repatriation efforts do bring back stolen financial funds to African countries; such efforts should also be accompanied by additional initiatives or mechanisms designed to deter illicit financial outflows in the first place.

  • Covid-19: The Last Flight From New York Was His Last, How Kenya Airways Exposed Their Staff And Passengers To Death

    Covid-19: The Last Flight From New York Was His Last, How Kenya Airways Exposed Their Staff And Passengers To Death

    It was in January, China the epicenter of the Covid19 virus had just given the alert, by then only about 132 people had been killed and merely over 6,000 infected by the virus globally, mostly in China.

    News of the spread sent countries into panic and issued warnings. UK was amongst the first counties to issue travel advisories. British Airways, country’s biggest airline was out on the alert and made drastic, unavoidable and sound decision. Halt flights to and from China’s mainland.

    “We apologise to customers for the inconvenience, but the safety of our customers and crew is always our priority,” the company said in an email. BA.comcurrently shows no direct flights to mainland China, although flights to Hong Kong are unaffected. The company said that flights would remain suspended until it received more information from British officials, there was no otherwise directive.

    The virus continued to spread out to the world, Russia, US and other countries locked our flights from China but it was too little too late. It had already dived in.

    While countries moved in Africa o close China out of the borders, Kenya remained adamant. Experts threw in their insights claiming the ties that Kenya shared with China wouldn’t make a total shutdown of Chinese flights.

    Kenya being entrance point for China to Africa, continued to let in many Chinese nationals many of whom were either expatriates or just fleeing from China because the heat of the virus was catching fire.

    As the number of people infected with the Wuhan coronavirus around the world continued to grow, airlines canceled or reduced their flights to China, where the virus was discovered.

    Their reasoning was a mix of reduced demand to visit the country and fear of the virus spreading, with numerous cities outside China reporting cases of the virus.

    European and US airlines — along with some Asian airlines — largely made up the list of those reducing service or outright canceling flights to mainland China until the virus could get under control.

    As airlines continues to register cases of passengers with coronavirus, in Kenya, the authorities slowly crawled out of the slumber and heightened screening. This was in late February and early March.

    Despite numerous alarms, there was no confirmed case of the virus in Kenya.

    Kenyan authorities reiterated that they were on top of everything and solidifying screening at the airport and borders. However, a sense of panic had gripped the building, fed largely by a perception that the government was slow in enacting measures to prevent the virus getting into the country as well as by a dearth of public information on what to expect once its presence had been confirmed.

    In line, the government established a National Emergency Response Committee to “prevent, respond to and contain this emerging global threat”.

    Much of the concern was centred on the continuation of flights arriving from China whose Hubei province is the epicenter of the outbreak. At the end of January, the national carrier, Kenya Airways, reluctantly suspended flights to and from Guangzhou, one of its most lucrative routes, following public pressure, including from unions.

    However, the government’s decision to allow a China Southern Airlines (CSA) plane carrying 239 passengers to land at the Jomo Kenyatta International Airport on February 26 caused uproar despite assurances that the passengers had been “screened on board, cleared and advised to self-quarantine for the next 14 days”.

    The plane carrying passengers from China arrived in the country on Wednesday, February 26

    – The Ministry of Health said passengers had been screened and cleared by health officials before entering the country

    – It, however, asked the 239 persons to self-quarantine for at least 14 days as a precautionary measure

    – According to the ministry, the Chinese Southern Airlines resumed operations in the country

    – The ministry by then had so far investigated 17 alerts of coronavirus and they all tested negative

    – The government stopped national carrier Kenya Airways from flying to China and it remained unclear why it allowed l flights from the East Asia country despite the coronavirus threat

    A Kenya Airways employee working at the Jomo Kenyatta International Airport (JKIA), was suspended on allegations of filming and sharing a video of a China Southern Airlines plane landing in Nairobi.

    Mr Gire Ali who later filed a suit through lawyer Danstan Omari at the High Court in Milimani said in a report…“He has been receiving threats and has reported the matter at Kahawa Wendani Police Station. We will be moving to court to seek protection,” said lawyer Omari…

    While local dailies praised him for his heroic efforts that brought to focus and halt to Chinese flights, Mr. Gire earner himself misfortunes, including putting his job at stock over the whistle blowing filming. Kenya Airways, would later suspend him.

    In his suspension letter, Mr Ali was accused of being involved in the recording of the video. The letter, signed by Chief Human Resources Officer Everlyne Munyoki, stated that the recording was contrary to provision 16.2 of the company’s human resource policy manual…The landing of the plane led to an uproar by Kenyans and prompted at least three court petitions by the Law Society of Kenya, two doctors (Dr Joseph Mithika Mwenda and Dr Thiakanu Cyprian Mwirabua) and a lawyer (Kounah Ochieng). They all secured court orders suspending flights from China for 10 days because of the coronavirus concerns.

    Meanwhile, as Kenya was dealing with China and deep rooted relations, Kenya Airways was yet faced with another challenge. Italy and Denver, some of their most profitable roots had been hit with the coronavirus.

    Kenya Airways suspended flights to and from Rome and Geneva, the company had said adding to a long list of airlines worldwide that had grounded flights or modified their services in response to the coronavirus outbreak.

    The halt to flight services to Rome and Geneva came into effect.

    While Italy was recording highest coronavirus cases, US was silently getting into the map, however KQ wasn’t alarmed and continued with their normal flights. Kenya Airways had direct flights from Nairobi to New York. This would then end tragically.

    Demonstrating the incredible level of risk airline, Kenya Airways management put their employees in these days, the Kenya Airways pilot who flew the final flight from New York to Nairobi has now died of COVID-19. Captain Kimuyu Kabati passed away in Nairobi on April 1st due to exposure to the virus.

    And this calls for a revisit to the whole story.

    Captain Daudi Kimuyu Kibati, was taken ill on March 29, died on April 1, a week after performing his last international assignment.

    Captain Kibati was in charge of the last flight from New York to Nairobi which evacuated Kenyans stranded in the United States, before the government’s ban on international flights took effect.

    Before the government suspended all international flights on March 25, Kenya Airways offered a one way complimentary ticket to Kenyans stranded in New York City who wished to return home.

    New York City was being put on lockdown on March 23, the same day the last KQ flight was departing from the John F Kennedy Airport.

    By then, the death toll in New York had surpassed the 1,200 and more than 90,000 Covid-19 cases had been confirmed across the US.

    According to sources at Kenya Airways, Captain Kibati, who piloted the Dreamliner 787, was tasked with evacuating Kenyans from a city ravaged by the virus under very strict timelines.

    The flight had to leave New York City before the lockdown was announced New York Governor Andrew Cuomo began and it had to arrive in Nairobi before March 25.

    Upon touchdown at the Jomo Kenyatta International Airport on March 24, the 61-year-old pilot proceeded for self-quarantine, at the Ole Sereni Hotel, alongside his first officer.

    Passengers were supposed to be taken to government designated quarantine facilities at their cost. Some of the flight cabin crew were booked at the Four Points Hotel within JKIA.

    Captain Kibati, a retired Major of the Kenya Air Force put his life on the line to rescue his countrymen trapped abroad.

    The previous week, the pilot who was born in Maliku area of Kitui County had flown another flight from Nairobi to Rome, and back to Nairobi, before being dispatched to New York.

    Italy has recorded the highest coronavirus cases in Europe, with the World Health Organisation reporting 13, 157 deaths and 110,574 confirmed Covid-19 cases, as of on Friday.

    The pilot tested negative upon arrival in Nairobi and two more times but stayed isolated from his family and friends until March 29 when he developed sore throat and fever.

    According to his brother Arnold Kibati, he was taken to Nairobi Hospital where he was immediately admitted after testing positive for the virus.

    “He tested positive for coronavirus on the eighth day after undergoing rigorous medical screening in all the cities he flew to, and three more tests in Nairobi which were negative,” Mr Arnold told Nation on Friday.

    He said the captain stayed in hospital for two days before succumbing on Wednesday.

    A statement released by Evelyne Munyoki, the Chief Human Resources Officer, Kenya Airways said: “On behalf of the Board of Directors, the Management and Staff of Kenya Airways, we join the family of the late Captain Kibati in mourning their beloved one and pray that the Almighty God will strengthen them during this time of sorrow.”

    The Nation established that the First Officer of the KQ flight from New York City to Nairobi and part of the crew who were all under quarantine, also tested positive to the virus and are undergoing treatment.

    With the pilot dead and a stream of crew quarantined a can of worms has been opened. As KQ continued with these flights to Covid19 hotspots, did they quarantine their staff? Captain Kibati himself moved from Italy to New York, world’s leading hotspots.

    What safety measures did the airline take for their staff? We’re passengers also exposed to the virus given that now we have confirmed case of a coronavirus with the airline? How many other KQ staff are in quarantine? Did the KQ management put into consideration the safety of their staff if not the passengers to continue flights to the coronavirus worst hit countries? How many KQ staff are in quarantine?

    And lastly, will the Kenya Airways management be put into task for ignoring the alarms for profits which they don’t make anyway to put many lives in the danger of contracting coronavirus with their continuity of flights to hotspots?

    Additional report by Daily Nation.

  • Somalia’s Intelligence Agency Marks VOA Journalist Harun Maruf As A Threat To National Security

    Somalia’s Intelligence Agency Marks VOA Journalist Harun Maruf As A Threat To National Security

    By Garowe

    Renowned journalist and author Harun Maruf is under investigations over breach of security, Somalia’s spy agency NISA said in a tweet, threatening to take legal actions against him in the near future.

    In a damning tweet that has attracted retribution from members of the public, the agency, which is coincidentally run by a former Al-Jazeera journalist Fahad Yasin, accused Maruf of having “links” that are a “threat” to national security.

    Mr Maruf is a reporter with the Voice of America and in recent weeks, he started hosting a weekly show, Investigative Dossier, which might have informed the swift rebuttal from authorities.

    According to the agency, the reputable reporter “commits acts outside media discipline” which could endanger the lives of millions of Somali people, adding that it contemplates taking legal action against him.

    “NISA is taking appropriate legal action against Harun Macruf for having links that threaten national security,” the agency said on Thursday, adding, “He has regularly committed acts outside the jurisdictions of media discipline.”

    Some of the leads the agency is purportedly investigating include the award-winning journalist’s contacts, which it claims are agents of terror and antagonism in Somalia, a country which after all considered as one of the “difficult” ground for journalists in the world.

    “So we are partnering with national agencies to investigate his contacts and to inform the national security sector for appropriate legal action,” NISA said, in remarks which could reignite debate about Somalia’s respect to the freedom of media.

    Besides his reporting prowess, the US-based journalist is better known for his book; Inside Al-Shabaab: The secret history of Al-Qaida’s most powerful ally, which gives a blow by blow account on the terror group.

    For a decade now, Somalia has struggled to eliminate Al-Shabaab militants, who enjoy large swathes in rural central and southern Somalia. The group has killed over 4,000 civilians in East Africa.

    Remarks ignite social media uproar

    But even before the intelligence agency takes any appropriate action, their approach has already faced severe criticism and backlash, a move which could slightly knock it off the balance.

    Better known for his informative impartial pieces, Maruf has received backing from various members of the public, including veteran leaders and civil society, who terms his tribulations as “concocted lies and innuendos”.

    Abdirizak Mohamed, a federal MP, accused the agency of being “ignorant” of the law, adding that “we are not a police state, nothing warrants threatening legal action against an international reporter”.

    “The grim reality is that you have become an oppressive tool for the autocratic regime. Its a privilege to be interviewed by Harun Maruf,” added the MP, signalling a political angle to the matter.

    And for Wadajir party leader Abdirahman Abdishakur Warsame, the statement by NISA amounts to “intimidations” and the outright war against “freedom of the press” and “independence” of media.

    “It is also evidence of abuse of the power of security agencies to prevent the public from getting objective and impartial news,” Abdishakur said, in an indirect jibe against Villa Somalia.

    Mohamed Moalimuu, the chairman of Somalia Journalists Association, also came into the defence of Maruf, terming him a “respected” reporter. He added that “he’s innocent until proven guilty”

    The agency did not immediately reveal aspects being investigated about Maruf, who is an all-round journalist, commentating on social-economic, security and geopolitics of the country.

    Fahad Yasin: A saviour or just a clown?

    Maruf’s programme; Investigative Dossier involves interviewing of exclusive sources especially within the militant group, less the same thing Yasin used to do during his days in Al-Jazeera.

    For instance, he has revealed cracks in the Al-Shabaab occasioned by differences between Ahmed Omar Diriye and the group’s financial controller Mahad Karate. There have been also exposing of high profile exits.

    More often then not, NISA has also resorted to social media, reporting about alleged stalemate within Al-Shabaab. For instance, it reported about the exit of Muse Moalim, the Banadir district Al-Shabaab’s Amniyat, who has since been killed.

    Traditionally, security forces have worked on the intelligence reports from journalists and researchers to nab criminals, something which would have been expected of Yasin and his team on Maruf’s reports.

    But in Somalia, Yasin has often been accused of politicising the investigative agency to the advantage of President Mohamed Abdullahi Farmajo, who is under fire over frequent misusing of government resources including the agency.

    In December, Yasin’s competence was questioned after an Al-Shabaab attack in the capital, Mogadishu, which left over 90 people dead. In a tweet, NISA claimed the raid was “planned and executed by a foreign country” although no further details were given.

    However, in total contrast to his sentiments, President Farmajo, who accesses security briefing from Yasin said: “Al-Shabaab is responsible for this attack” in a statement that exposed NISA. Al-Shabaab would later take responsibility.

    Yasin has also featured in outbursts by federal states, who accuse him of “misleading the president by advocating for the deployment of SNA troops in states” adding that, “such a move undermines territorial integrity”.

    Jubaland has specifically questioned the presence of Somali National Army [SNA] in Gedo, citing plot by the spy agency to “overthrow” Ahmed Madobe, the president of the semi-autonomous region in the West.

    Somalia’s dark record on media freedoms

    Besides struggling with basic best governance practices, Somalia is, however, not synonymous with media censorship and persistent gagging of reporters perceived to be “radical”.

    A report released by Amnesty International early this year dubbed “We live in perpetual fear”, the group documents incidents of assassinations, brutality, corruption and censorship targeting the media.

    Both Al-Shabaab and FGS were directly implicated, although the government would later dismiss the report as “cheap” and “misleading” in what caused an uproar from among international partners of Somalia.

    Incidentally, Mr Yasin’s NISA featured in the report, where it was accused of murder, intimidations and even working in cohorts with Facebook to facilitate disabling of accounts linked to “leftist” reporters.

    Zakariya Mohamud Timaade, a former Universal TV reporter, had said: “The biggest fear for me was from NISA. I knew they wanted to kill me. In Mogadishu, you can hide from Al-Shabaab, but you cannot hide from NISA; they could easily pick me from my office. I decided to leave.”

    Amnesty also documented examples of censorship and allegations of bribery of media outlets by the Somalia government. Officials at the Office of the President reportedly paid monthly bribes to some media owners and directors not to publish “unfavourable” stories.

  • How Total Kenya Exploits, Rips Off Kenyans For Profits

    How Total Kenya Exploits, Rips Off Kenyans For Profits

    By NLM Writer

    It is a Thursday mid-morning and at a Total petrol station in the outskirts of Nairobi, Peter Waruru* (not his real name) watches as his staff serve customers who are already lining at the forecourt.
    It is a busy time and all its all hands on the deck. By any estimation, the station is in business proper.

    Yet the same cannot be said of Peter. He runs a station that has a turnover of more than Sh10 million a month yet his take home is so meagre he is even embarrassed to talk about it. “They give us a pittance yet we generate millions for them,” he says of Total Kenya.

    “My relatives know that I run a petrol station and the expectation is that I am floating in money. Some take offence when I cannot help them out with jobs or offer financial support. In reality, I am doing worse financially than some of them,” he says focusing his gaze on the attendants as the import of his words sink in.

    Across town, along Kimathi Street, and the station adjacent to Airtel Kenya headquarters on Mombasa road, two former operators have been kicked out of the stations to on flimsy grounds. And it is not just them. Total Kenya has dozens of pending cases with financial dealers who feel frustrated by their abrupt variation of rent and terms of tenancy.

    The story of Peter and the financial dealers all boils down to one thing: Total Kenya’s Young Dealer Programme. A noble programme started in 2009 styled as a corporate social responsibility (CSR) programme to enable young people own and run petrol stations in the country, those under the programme as well as established financial dealers speak of exploitation that tends towards slavery, intimidation, harassment and an oil marketer that operates on impunity.

    Under the programme, Total Kenya was to select some young people who have business potential and give them stations to run. In the course of running the stations, the multinational would retain a certain amount from the profits the station generates for each Young Dealer. A target would be set for the Young Dealer to reach in savings after which they would then graduate into independent financial dealers.

    The way it was structured, it sounded like a noble programme that would not only expose many young people to entrepreneurship but also management since they would be in charge of attendants.

    Reports suggest that since the programme started in 2009, Total has graduated just five young dealers who are now financial dealers. But since then, no one has graduated to the level of independence that financial dealers enjoy.

    Poor pay for the young dealers (some earn as little as Sh35,000 a month despite being in charge of stations that generate up to Sh15 million monthly), no rest day for the Young Dealers, sudden and arbitrary variation of terms including rent and the portion of sales Total Kenya saves for them per litre are some of the issues these entrepreneurs have to deal with.

    “They call us business partners but we are not because we don’t have a say in the business. We are essentially their lower cadre employees,” a young dealer who spoke to Nairobi Law Monthly said.

    “They expect you to work 24 hours without rest. Any off day has to be approved by them yet they claim you own the station,” another said.

    According to another young dealer, the initial Marketing License Agreement (MLA) he signed with Total was that the oil marketer would save for him Sh0.50 for every litre sold, also called security deposit. A young dealer needs to reach his target of the security deposit so as to graduate to an independent financial dealer.

    However, along the way, the young dealer says the terms of MLA were arbitrary varied and Total now reduced the security deposit to Sh0.10 per litre sold.

    “What this means is that as a young dealer I will have to work longer so as to attain my target. They changed the terms and the programme structure and are now looking at the once-noble programme as their source of profits. It is exploitation of Kenyans by a multi-national, the same way Shell did in Nigeria,” said the dealer.

    The young Dealers also have a problem with Total’s retention of the security deposit. Despite holding the money for several years, they complain that it doesn’t earn interest. Instead, the oil marketer deducts from the kitty in case the station makes a loss or fails to meet its sales targets.

    “Our MLA says that if a Young Dealer drops out before graduating, Total is the one that decides what to do with the security deposit so far retained. It is a very lopsided agreement that makes one a slave of the corporation. You are frustrated but you cannot opt out because you will lose all what you have worked for,” the young dealers lament.

    Bribes

    But this is not the end of their woes. Despite the frustrations and their meagre earnings, some Total managers have been demanding bribes from young dealers so that they can doctor reports of their evaluation of the stations. At least one senior manager has been sacked in recent times after Total discovered that he had been receiving monthly bribes from dealers.

    Among the financial dealers, there are complaints of deliberate frustration by arbitrary rent reviews, non-attendance to dealer complaints about under deliveries and leaking tanks, poaching of staff from financial dealers to absorb them into the Young Dealer programme, and cancellation of the MLAs on flimsy grounds.

    At the Mombasa Road station, adjacent to Airtel headquarters, the former deal told a similar story. Because of age, the old man had let his daughter help out with the day-to-day management of the station. After trying to dislodge him from the station, which is one of the most profitable in Nairobi, without success, Total Kenya then seized on her daughter to accuse him of flouting the terms of the MLA. They then kicked him out of the station. When the dealer sued, the oil marketer, after protracted negotiations, opted for an out of court settlement.

    Regarding the station on Kimathi Street, the financial dealer who was running the station was kicked out after he complained of leaking underground fuel tanks that Total Kenya had failed to repair. Shortly after he was kicked out of the station, Total suffered one of the most embarrassing public occurrences when eight cars were filled with a mixture of fuel and water.

    Other financial dealers who have been kicked out on such flimsy grounds include some who ran stations along Thika Road, Eldoret and Nyeri.
    As the frustrations grow over the Young Dealers programme, the industry association, the Kenya National Petroleum Dealers Association (KENAPEDE) has written several letters to the Energy and Petroleum Regulatory Authority (EPRA) and the Competition Authority to bring to their attention the frustrations of their members.

    In a letter to the Ag. Director of Petroleum and Natural Gas Directorate, Edward Kinyua, Kenapede secretary-general Anthony Kuria on January 23, 2019, highlighted the problems Total dealers were facing across board. These included underground tanks and pipe leakages, and repairs being done without involving dealers. “This is to ensure that these leakages are not made public and dealers are not compensated for the losses that occur (as a result of the leakages),” Mr Kuria stated in the letter.

    Regarding the Young Dealer programme, Kuria noted that Total Kenya has been competing with financial dealers “using supposed CSR initiatives that have been turned into oppressive programmes.”

    “Generally, good staff are ‘stolen’ from financial dealers and handed stations to run with the promise of being graduated into financial dealers in the future. Initially, the programme was noble and successful. However, it has been turned into a system of threatening financial dealers with immediate replacement if they do not toe the line. In addition, young dealers are treated as disposable ‘slaves’ who have no say in the decision making process despite running the businesses on a day to day basis,” the letter stated.

    Kuria also faults Total Kenya of cheating the young dealers of financial dealership only to turn around and milk them of the profits by arbitrary rents, levies, policies and procedures to ensure they never rise to become financial dealers.

    “Total Kenya has a policy of transferring young dealers from station to station and insists on new contracts to prevent young dealers from graduating into financial dealers. Transfers can be done on the basis of improvement on the current location or massive and unjustifiable increase in rent,” he lamented, adding that young dealers are not allowed to question any policy or decision of Total, calling such economic slavery.

    Kenapede raised similar concerns with the Director-General of the Competition Authority Francis Kariuki vide a letter dated February 19, 2019. On the same day, a letter raising the same concerns as the one sent to Kariuki was sent to EPRA director general Pavel Oimeke.

    None of the letters have been responded to. And chances of the letters ever being responded to by EPRA are growing slimmer each day, because Total also has representatives in EPRA. Total Kenya’s former strategy and corporate affairs director Macharia Irungu, now Kenya Pipeline. Corporation MD, sat on the EPRA board until he moved to KPC.

    Similar requests by Kenapede to having a meeting with Total have also been ignored and an official of the Association said the oil marketer is not keen on meeting anyone who appears to challenge their policy positions. “They are a multi-national and they want to load that on Kenyans,” the official said.

    In our subsequent issues, we expose: (1) How Total-KE, working with officials from the regulator, EPRA, imposes illegal levies and taxes on its dealers through threats and intimidation; (2) Improprieties in its upstream operations in Kenya and Uganda; (3) Tax evasion schemes.

    Nairobi Law Monthly will now free online during the coronavirus period.

  • Dark Side: Police Say Missing Gun-Holder Dafton Mwitiki Was A Leader Of A Brutal, Well Organized Kidnapping Ring

    Dark Side: Police Say Missing Gun-Holder Dafton Mwitiki Was A Leader Of A Brutal, Well Organized Kidnapping Ring

    Ten days after he was reported missing Dafton Mwitiki, a recognisable face in Nairobi’s social circles, remain unaccounted for, as family and friends hold on to hope. They believe he will soon walk back into their lives.

    As the waiting continues though, other details have emerged over the other life of the man who set social media alight on one of Kenya’s darkest days when he, together with friend Steve Mbogo, appeared at the scene of a terror attack armed with an assault rifle.

    Mwitiki, according to investigators led a double life. The first as a doting father and humorous friend who was always the life of the party. A man who never shied away from lending a helping hand and answering calls from friends in need.

    Dark side?

    The other image is a complete opposite. A darker shade of the man. Investigators who have also been looking for the man say Mwitiki is one of the key leaders of a brutal, well-organised kidnapping ring responsible for high calibre disappearances in and around the city.

    He managed to keep his dark side away from the public to the extent that there is no known incident or time when he was summoned to record a statement with the police.

    Yesterday, Victor Mwitiki, an elder brother of the missing man insisted that the brother was not a criminal and that he lived a simple and honest life.

    “We don’t know why anyone would want to harm my brother. He lived such a simple and honest life,” said Victor.

    Victor said the investigations have since been taken over by Kilimani DCI. “The search and rescue have been concluded without any results. We are, however, optimistic that Kilimani DCI will unravel the mystery,” he told Saturday Standard on phone.

    Confidential sources within the security circles said Mwitiki was living on borrowed time after he was linked to two major cases of kidnap in Nairobi. In one of the incidents that involved a Chinese man, the kidnappers demanded a Sh100 million ransom.

    Dafton and Mbogo when they responded to the DUSIT attack.

    Four suspects among them Administration Police officers were killed by the Special Service Unit officers during a rescue mission on February 29th. The kidnapping of the man got the attention of security agencies including the DCI and NIS. The abducted man according to the DCI was kidnapped from his shop on February 27 by individuals impersonating officers from the Directorate of Criminal Investigations.

    “Forensic intelligence led the investigating team to Hse no. 2199, where the victim was being held under an armed four-man-guard, who had demanded a $1million (Sh100 million) ransom from his brother to secure his release,” the DCI said via Twitter.

    A police pistol and bullets were recovered from a house at Sun Track Estate in Dagoretti where the victim was being held.

    Behind the scenes, the confidential sources said, the mobile phone line used to demand ransom was registered in Mwitiki’s name.

    This incident is believed to have been the first that lifted the lid of the man believed to have been pulling the strings in the Chinese national kidnapping.

    “The callers were using what looked like a sophisticated phone which even the DCI investigators could not trace. It is at this point that NIS came into the probe and helped unravel the behind the scenes actors,” said a senior official who spoke on condition of anonymity.

    Mystery

    Prior to this, Mwitiki is said to have been linked to another case of kidnapping where a university student was abducted in Nairobi and a Sh100 million ransom demand made. This matter was reported to Kilimani Police Station on January 13 but the DCI dropped the investigations after the family negotiated with the kidnappers.

    Eventually, the family paid Sh4 million to have the relative freed. The sources said the same line registered in Mwitiki’s name was used to demand a ransom.

    The 38-year-old father of two, a sharpshooter, and an official of the association of civilian firearm holders was reported missing at Kilimani after he failed to return home on the night of March 11.

    His vehicle was traced a day later to an estate in Juja. Mwitiki was last seen near his workplace at Galana Plaza in Kilimani, Nairobi before he mysteriously disappeared.

    By SDE

  • Report: For 20 Years Kenyan Politicians And Cronies Stashed Sh300B Of Aid Money In Foreign Accounts

    Report: For 20 Years Kenyan Politicians And Cronies Stashed Sh300B Of Aid Money In Foreign Accounts

    The country is the fourth-largest economy by GDP in sub-Saharan Africa (SSA) after Nigeria, South Africa, and Angola.

    With a GDP of $109bn, Kenya is the largest economy in eastern Africa, having overtaken Ethiopia in 2017.

    The economy is larger than the combined economies of Tanzania and Uganda, its two East African Community (EAC) partners.

    And Kenya is the only country in eastern Africa to have significantly reduced poverty, having graduated from low-income to middle-income level.

    Yet Kenya faces an internal challenge thatpersistently undermines its development potential — the country’s ruling elites and their appetite for corruption.

    A World Bank study on foreign aid shows it ends up in the pockets of ruling elites in recipient countries rather than going to those that it is meant to help

    The World Bank’s study, Elite Capture of Foreign Aid: Evidence from Offshore Bank Accounts, published on February 18, came as a shock. The term “élites” is defined as ruling politicians, bureaucrats and their cronies in the private sector involved in aid-funded projects.

    The main finding of the study is that aid disbursements “coincide with significant increases in deposits held in offshore financial centres known for bank secrecy.”

    Put another way, ruling politicians, bureaucrats and their friends stash billions of dollars in secret offshore banks whenever foreign aid lands in their country. The research used quarterly information on aid disbursements from the World Bank in combination with Bank for International Settlements (BIS) banking statistics.

    The BIS data provided the flows between aid recipients and final havens such as Switzerland and Luxembourg, where secrecy is paramount.

    In the East Africa Community, the larger the economy, the more aid money the ruling elites captured and stashed into offshore foreign bank accounts.

    Between 1990 and 2010, Kenyan politicians and their cronies transferred US$3bn. In Tanzania, the EAC’s second-largest economy, the elites siphoned off US$586m. Uganda came next with US$270m, followed by Rwanda on US$190m, and lastly, Burundi with US$122m.

    The amount of foreign aid diverted by Kenyan ruling elites is appalling.

    The US$3b stashed in offshore accounts for 20 years works out at US$150mn a year. That kind of money can build, for example, a power plant that generates electricity for an entire rural district.

    Trailblazers, leaders and titans

    Complete the form for your free download of The Africa Report’s 2019 list of the 100 most influential Africans. Get your free PDF by completing the following form.

    Asset Recovery

    The good news is that the ruling elites are finding it harder to stash cash in the West, including havens such as Switzerland.

    • The Stolen Asset Recovery Initiative (StAR) led by the World Bank is spearheading the global fight against corruption and recovery of corrupt assets, with good results. This effort complements institutional mechanisms launched by the EU and the US which are making it harder for ruling elites to stash cash in the West.
    • The EU’s anti-money laundering directive prompted by the Panama Papers requires disclosure of asset owners and beneficiaries in a publicly available register.
    • The Kleptocracy Asset Recovery Initiative at the US Department of Justice seizes stolen assets.
    • The UK’s Unexplained Wealth Orders allow courts to order “politically exposed persons” to explain why their assets are so much larger than their salaries back home.

    Perhaps most surprising is the robustness of asset-recovery by the leading haven, Switzerland, which has returned millions of dollars stolen by corrupt African politicians. StAR indicates that to date, Swiss authorities have returned to Nigeria US$700m stolen by the military ruler Sani Abacha.

    The Swiss and Kenyan governments are engaged in a similar exercise. In 2018, Kenya’s President Uhuru Kenyatta and his Swiss counterpart Alain Berset signed an agreement to recover assets stashed in Swiss banks.

    In 2015, 12 years after the Anglo Leasing scandal which reportedly transferred US$700mn to foreign banks, was exposed, Kenya brought charges against 13 prominent Kenyans and foreign accomplices. This was the first time that powerful people in Kenya had been charged in a major financial scandal. The legal breakthrough was achieved after the unprecedented co-operation between Swiss authorities and Kenya’s Ethics and Anti-Corruption Commission.

    The Kenyan case proves that fighting high-level corruption and recovering stolen assets stashed in offshore banks can only succeed if three parties are involved: aid donors, haven countries, and the states from which the thieving elites hail.

    David Himbara.

    The African Report

  • A Cockpit Fight Between Two Pilots Led To The Crashing Of Kenya Airways Flight In Douala Killing 100 People

    A Cockpit Fight Between Two Pilots Led To The Crashing Of Kenya Airways Flight In Douala Killing 100 People

    Differences between two pilots led to the crashing of a Kenya Airways flight that killed over 100 people in Douala, Cameroon, in 2007, a new investigation has revealed.

    The investigation, aired in the National Geographic channel, is explicit on how the captain, Francis Mbatia was rude and intimidating to First Officer Andrew Kiuru before the KQ flight 507 crashed.

    It is this toxic climate in the cockpit that made Kiuru stay quiet for 10 seconds – significant time in aviation – as the plane lost altitude.

    The flight that was heading to Nairobi from Abidjan, Ivory Coast, had made a scheduled stopover in Douala. It later crashed into a mangrove swamp minutes after takeoff in stormy weather on May 5.

    Before the flight took off, Mbatia had reprimanded Kiuru for being slow. He even called him stupid.

    “What is wrong with you? Did you not hear the instruction?” the captain could be heard shouting at the first officer, through the Cockpit Voice Recorder (CVR) recovered after the crash of the Boeing 737-800.

    This happened during the first leg of the flight from Abidjan, Cote d’Ivoire, to Douala before the plane embarked on its Nairobi journey.

    Kiuru had asked for clarification, during the flight, on what inputs should be added as the plane approached 14,000 feet.

    “Don’t be so stupid, shut up!” the captain said.

    This behaviour, as revealed by Mark Smith, a Technical Adviser for Boeing, was not the kind one would expect in a professional flight crew environment.

    “The first officer seemed to kind of shut down (after the exchange),” he said.

    Investigators believe it was because of this that the first officer kept quiet for 10 seconds as the plane banked to the right leaving the captain to fight with the controls.

    It was only after the captain shouted; ‘we are crashing’ that the first officer spoke.

    The 44-minute recording says that while the first officer was young, at 23, he appeared well knowledgeable in controlling the plane during the rapid descend.

    The captain, however, experienced spatial disorientation – a state where one fails to differentiate between up and down, or left and right – brought about by the inability to determine the altitude of the plane.

    In the case of the KQ flight 507, the pitch-black darkness contributed to the captain’s misinterpretation.

    A major mistake, however, is that the first officer was too busy determining a safe flight path during the stormy weather, and forgot to switch on the autopilot despite the captain making the call at about 1,000 feet.

    The plane, which departed Douala International Airport some minutes to midnight on May 5 just lasted about one and a half minutes in the air before descending rapidly to a mangrove swamp, 5.6 kilometres from the airport’s runway.

    While the plane was expected to land at Jomo Kenyatta International Airport at 6.15am, it was not until 7am that it was discovered missing.

    “When I heard the plane was missing, I knew immediately we are going to have a catastrophe. Cameroon did not have an agency in charge of air accidents,” said Englebert Zoa-Etundi, who then worked for Cameroon Civil Aviation Authority.

    The flight had been delayed for an hour due to stormy weather. Later, the captain requested permission to take off, giving a disclaimer that he plans to turn right after liftoff to avoid the storm.

    Released controls

    The take-off went smooth, but the situation changed when the captain released the controls believing the first officer had engaged the autopilot as instructed.

    The plane gradually started banking to the right, up to 35 degrees, and the crew only realised this after a warning alarm came on.

    It is then that the pilot started fighting with the controls to level the plane, giving it a 22 degrees turn to the right, 20 degrees to the left, 45 degrees to the right and later 11 degrees to the left before the plane turned 110 degrees, flying almost upside down before crashing in the swamp and killing all the 114 people on board.

    When the captain realised the autopilot was not on, he activated it. But he did not give the plane time to adjust and went ahead to fight with the controls, hence overriding the autopilot.

    While Boeing agrees the plane had a tendency of banking to the right, this could easily be corrected if the autopilot is engaged.

    “The crew did not recover before impact. That was puzzling to us. It showed we needed more information, the CVR, which will tell us of the conversations,” said Bill Bramble, from the US National Transport and Safety Board (NTSB).

    It was the CVR, located five weeks after the crash, that revealed the exchange between Mbatia and Kiuru.

    It also emerged that despite the captain having accumulated over 8,000 hours, through his 16 years of flying, he had issues with system knowledge, had poor cockpit skills, had discipline issues and insufficient practice.

    He was 52 and had worked as a KQ flight attendant. The first officer had 800 hours of flying.

    “He was quite young, and had just a little bit of 800 hours. Through his training, he had some recommendations like ‘you need to be more proactive in calling out deviations’,” said Smith. The plane had 27 nationalities on board, among them nine Kenyans.

    via Standard.

  • Somali’s Fugitive, Second Most Powerful Secretly Given Asylum In Kenya?

    Somali’s Fugitive, Second Most Powerful Secretly Given Asylum In Kenya?

     

     

    The Fugitive Abdirashid Janan,

    Born in Gedo, his hometown Balad Hawo war zone near Kenyan border in the North Eastern Mandera and where he enjoys tremendous grassroot support as Kingpin with the protection of Jubaland forces. He was the Security Minister.

    Escaped from a Mogadishu prison on Tuesday Jan, 28 where he had been held since August 31, 2019. Sources say, months after his imprisonment, his clansmen negotiated with President Farmajo for house arrest in which he escaped. Abdirashid arrived in Nairobi shortly after arriving in Kismayu from Mogadishu by boat. After his arrival in Nairobi, he seeked medical attention at a City hospital thereafter meeting Jubaland President Ahmed Madobe who had business in Nairobi. Sources say, despite tightened security at the exit points and cordoned off airports by Somali government upon his escape, he managed to maneuver his way through with support of some soldiers whom were still loyal to him until he found his way to Nairobi City in a private jet. After his meeting with Jubaland President, Jubaland Chief of Staff in a statement said, “Our hero has arrived after several months of illegal detention in Mogadishu. ”

    Jubaland State President Madobe. Photo|Courtesy 

    He is wanted for several crimes, including international human rights violations, the massacre of innocent civilians at Gedo Region and illegally escaping from government custody.

    Concerns In Kenyan Parliament 

    Mandera East Member of Parliament (MP) Omar Maalim. Photo|Courtesy. 

    In a private notice number 02/2020 presented on Wednesday in Parliament, Mr Maalim sought a clarification from the Ministry of Defence on the presence of Mr Abdirashid Hassan Abdinur alias Abdirashid Janan in Mandera East Constituency.

    The MP claimed the minister crossed into Kenya with over 100 armed soldiers and has been in town, causing security tension since January.

    “He arrived on January 30 and was booked to stay at a local hotel by Kenyan security teams in Mandera. He left the hotel on February 10 and rented a house within Mandera town from where he has been operating under the close watch of Jubbaland forces and the Kenya Defence Forces (KDF).”

    Mandera East Member of Parliament (MP) Omar Maalim has asked the national government to explain the presence of a fugitive Jubaland minister in Mandera County, saying he poses a security threat to residents.

    “The CS has to explain the measures put in place by the State to mitigate security challenges posed by the presence of the fugitive minister,” he said.

    Mr Maalim is also seeking an explanation from Cabinet Secretary Monica Juma on the role played by KDF in guarding the Somali national.

    He wants the State to make public the legal framework under which the Jubaland military forces were allowed in Kenya fully armed.

    “People of Mandera are under siege … Some have vacated their residences fearing bloodshed,” he said.

    Military troops from the Federal Government of Somalia that have been pursuing him camped at Bulahawa town scheming a raid on the minister’s current residence. A raid which happened yesterday 2,March and which turned messy causing residents to flee their homesteads for safety. A stir which Kenyan government refuted reports that it happened on the Kenyan soil. Kenya Police took control of the situation, a move which us unusual as it is and gas always been the mandate of military (KDF) to protect the border. @BBCSomali claimed that KDF were involved in the gunfire yesterday between federal government of Somalia forces and Jubaland forces allied to fugitive Abdirashid in which they sided with Jubaland forces.

  • Kenei Was Murdered DCI Rules, Three Suspects Were In Contact With A Senior Official At DP Ruto’s Office

    Kenei Was Murdered DCI Rules, Three Suspects Were In Contact With A Senior Official At DP Ruto’s Office

    At least three strangers were in Sergeant Kipyegon Kenei’s house in Nairobi’s Villa Franca estate when he was killed last month. The three liaised with an employee of a mobile service provider to clear data from the officer’s phone.

    In what appears to have been a well-planned murder, one of the suspects is said to have communicated with a senior official at Deputy President William Ruto’s Harambee House Annex office, according to a preliminary report by detectives.

    Police investigating the officer’s puzzling sudden death have zeroed in on the three individuals, believed to have been the last visitors to Kenei’s house before his lifeless body was found lying on the floor with a bullet wound on February 20.

    “At long last we have cracked the case; this was pure murder,” said a senior detective privy to the investigations.

    The three people are believed to have been regular visitors to Harambee House Annex, where they visited a senior official before and after former Sports Cabinet Secretary Rashid Echesa went into the building in the company of two foreign investors.

    Data deleted

    Echesa was later arrested and charged with intending to defraud the foreigners.

    The data deleted from Kenei’s phone was, however, retrieved in what may offer further clues to the investigation. On the day his phone was “flushed” his social media accounts—Twitter, Facebook, WhatsApp—were also de-activated.

    Detectives are also trying to establish the role played by a former officer with one of the national security agencies, a close associate of some employees at Harambee House Annex.

    Kenei, an Administration Police officer, was killed a day before he was expected to record a statement with detectives from the Serious Crime Unit at the Directorate of Criminal Investigations (DCI) headquarters over Echesa’s visit.

    Sources said owing to his work and some of the duties he had been assigned, the officer had a lot of information about operations at his work place.

    Kenei’s body was found on February 20 after neighbours alerted police of a foul smell emanating from his house, two days after the three strangers visited.

    Yesterday,  DCI boss George Kinoti declined to comment on the matter, only stating: “We are progressing on well and very soon, Kenyans will know the truth. We are almost there.”

    Chief Government Pathologist Johansen Oduor on Wednesday last week said Kenei was killed by a single bullet which entered his body through the chin and exited on the forehead, implying that the muzzle of the firearm that shot him was in direct contact with his body at the time of discharge.

    A ballistic examination of the firearm showed that his gun, a Jericho pistol serial number KE AP 43368809, established a “match or cold hit”, implying it was the same gun that shot him.

    Part of the analysis involved comparison of the unique microscopic markings on the cartridge.

    A day later, Oduor led a team of detectives to the house in Villa Franca where upon examination they concluded that Kenei met his death in his house, where the body was found.

    “We have examined the house and concluded that it is the primary scene where the death took place,” he said.

    Officers from Embakasi police station who visited the scene first had removed the body, after assuming that it was a case of suicide based merely on observation and the initial report.

    When he visited the scene, Kinoti directed a new team to take over investigations and work closely with the pathologist to establish whether it was murder or suicide.

    Reports indicate that in some cases, officers have assumed that some deaths are generally not criminal incidents and do not require much investigation.

    However, some of the disregarded cases have later been found to be murder, but were staged to appear to be accidents or suicide.

    Spill the beans

    Police regulations require that all death incidents should be treated as murder investigations until facts prove otherwise, and officers must keep an open mind and not be influenced by initial reports or presentation at the crime scene.

    “Homicide detectives must do it right the first time since they only get one chance. And it is only the pathologist who can make the final determination as to the cause of death,” a police source said.

    Some media reports have indicated that several months before his death, Kenei had fallen out with some of his colleagues and officials at Harambee House Annex.

    It is also believed that he had a lot of information and it was feared that he would spill the beans if he reported to the DCI to record a statement about the Echesa incident.

    Earlier he had been coerced to share some information regarding his involvement in some activities at his place of work.

    The authenticity of a note bearing the wordings “call my cousin Ben 070311xxxx Brother 0720273xxx” that was recovered in the house has been questioned following an analysis of the handwriting.

    The note, presented to appear like a suicide note, however did not indicate intent to commit suicide or the reasons.

    In establishing whether such notes are genuine and were indeed written by the victim, a sample of known handwriting is obtained, for comparison.

    “Experts also establish if such notes were voluntarily written, and whether they are coherent and legible,” he said.

    via PD.

  • Recovered Cars By DCI At Echesa’s Home Were Stolen From A Widow He Had Slept With Her Daughter

    Recovered Cars By DCI At Echesa’s Home Were Stolen From A Widow He Had Slept With Her Daughter

    Ex CS Echesa is a man who’s courting trouble and jumping from one scandal to the other. Barely two weeks has passed since the cunning politician was arrested and charged over a fake arms deal where he was accused of defrauding foreigners of Sh11.3M.

    Monday morning, Echesa who’s out on bail found himself on the chopping board as DCI sleuths from the special crime unit raided his Karen home. Officers were forced to jump over the fence to gain entry after Echesa refused to open the gates.

    Car Recovered from Echesa’s home

    Five cars with questionable grounds were confiscated from the compound and towed to the DCI HQ where investigations are ongoing as well as Echesa being interrogated after getting arrested.

    DCI say the raid was prompted following a Public Complaints Section by a Kisumu resident of Former CS Rashid Echesa having Fraudulently transferred to his possession her late husband’s three Motor vehicles; a Passat KAY 388A, KBZ 009J Toyota LandCruiser V8 & KBN 242N Toyota Mark X in 2016.

    Car Recovered from Echesa’s home

    Special Crimes Unit Detectives on carrying their investigations investigations in the Karen Home of Mr. Echesa & recovered the following;
    1. KCW 289Q Toyota LandCruiser V8,
    2. KCL 350J Mercedes Benz,
    3. KAY 388A Volkswagon Passat,
    4. KBP 725B Ford Ranger,
    5. Lexus with no Reg Number, & Front & rear number plates (KBS 388F). Ksh. 507,000 was also found in the front seat of the Benz.

    In 2016 according to a complaint, OB 58/11/16, Esther Kabura, accused Echesa of taking her late husband’s three luxury cars worth Sh12 million, his gun and preying on her first born daughter.

    Car Recovered from Echesa’s home

    Echesa denied the claims saying that he was merely a witness during the sale of the luxury cars – a Land Cruiser VX, a new Volkswagen Passat and a brand new Mark X – to a man he said went by the name Ali Kochwa.

    He also denied having an affair with Kabura’s daughter, saying, “I am human, and she is of age, lakini kama ningekuwa nakula huyo msichana, hio mambo iko na uhusiano gani kwa hii maneno ya gari? Hapana, mimi sijakula msichana wake, ni jina anataka kuniharibia.”

    According to Kabura, the husband had suffered a stroke and invited Rashid to his bed in hospital where he introduced them to each other. It became apparent to her then that Echesa and the husband knew each other, it wasn’t just clear as to how much.

    Husband passed away and immediately property tissues ensued. His relatives came demanding for the cars and this where Echesa came wide into the picture.

    In a sworn affidavit, Kabura says, “He was there through my darkest moments and he offered to take the cars and park them at the central police station, until I come into agreement with my in-laws. He also took my husband’s gun, saying he was going to surrender it to the police,” claims Kabura.

    Car Recovered from Echesa’s home.

    Echesa and Kabura kept close contact even after the burial of the husband. However after several weeks, he started playing hide and seek and she later realized he wasn’t willing to give up the cars and that Echesa at the same time was involved in a steamy relationship with her daughter.

    The matter was swept under the rags for years as officers took her in rounds until now that Kinoti boys have decided to crack the whip. Echesa went ahead to fraudulently change the ownership of the cars from the widow.

  • INTELLIGENCE: The Foul Secret Mission Of 8 North Eastern MPs In Somalia.

    INTELLIGENCE: The Foul Secret Mission Of 8 North Eastern MPs In Somalia.

    8 Members of Parliament whom include; Kullow Maalim, Ahmed Kolosh, Ibrahim Abdi, Rashid Kassim, Mohamed Hire, Omar Maalim, Bashir Abdulahi and Adan Haji from the North Eastern Province of Kenya (NEP-‘s Mandera, Wajir, and Garissa) were cleared for departure to Mogadishu aboard Salaamair Air Express Flight WU-751 at 1115Hrs. The 8 did not officially represent the Government of Kenya nor were they emissaries of the Ministry of Foreign Affairs. The 8 met members of the Somali National Intelligence Agency (NISA). Insights showed their travel costs were indirectly facilitated by NISA. These politicians were checked in at the 2-storey building inside NISA Headquarters Compound in Mogadishu.

    These politicians have been sympathetic to Somali clan politics and have been involved in direct talks with the Somali Government. This means Somali Government is sponsoring and orchestrating an NFD movement which wants to push a cessation discourse. FGS is brazenly inviting sympathetic parliamentarians to NISA headquarters to pursue the destabilization of NEP-NFD

    NISA is led by former members of the Al-Qaeda affiliate in Somalia, Harakat Shabaab Al-Mujahideen. NISA is directly implicated in planning and funding Al-Shabaab operations along the border with Kenya besides misleading AFRICOM with wrong target coordinates for precision airstrikes in Somalia. NISA is on the radar of regional Military and Civilian intelligence agencies for facilitating travel for Al-Qaeda cells. NISA is directly involved in the covert moving of mortars and MANPAD’s to Kenya with the intention of attacking 2 Hotels near the Jomo Kenyatta International Airport in Nairobi and downing aircraft’s in a coordinated terrorist attack in Kenya.

    On return today 1st of March, the MPs have been arrested at Wilson airport for questioning whose outcome maybe full of falsehoods to calm the storm in the country.

     

    Take a look at J.B Kenya™ (@JohnBosco_Juma): https://twitter.com/JohnBosco_Juma?s=09

    https://t.me/joinchat/AAAAAFe7ahyulUaKM42wZQ

    https://www.facebook.com/ItsJohnBoscoJuma/

  • What Transpired To The Arrest of Justice Kantai In Connection to Tob Cohen’s Murder.

    What Transpired To The Arrest of Justice Kantai In Connection to Tob Cohen’s Murder.

    Justice Ole Kantai. Photo|Courtesy

    In June 2018, Justice Kantai began budding into limelight when he disqualified himself from the Embu Governorship case, saying one of the parties tried to compromise him. Rare of what majority of Kenyan judges would do.

    Justice Kantai was among several judges affected by a reshuffle in February 2019 when Chief Justice David Maraga transferred him from Nyeri to Nairobi, alongside Malindi’s Justice Wanjiru Karanja and Kisumu’s Hannah Okwengu and Jamila Mohammed.

    The Judiciary said the transfers were normal and routinely, in line with the requirement for Court of Appeal judges to serve in a station for two years.

    Well! Enough said of the old Integrity era of Justice Kantai.

    THE METAMORPHOSIS

    The judge was sitting on the terrace of Kisumu’s Aqua Pool Bar on the second floor of Acacia Premier Hotel, watching the sun set as he waited for the murder suspect.

    From here — and there is a panoramic view of Lake Victoria below — he could see the plane carrying the suspect as it approached the airport from Nairobi.

    And now, the judge could be in trouble for cavorting with a murder suspect in a case that might shed light on the rot in the Judiciary.

    The suspect had reached out to him, hoping to get some advice just in case she was caught or if the police implicated her.

    But the judge was in Kisumu attending a workshop, according to documents left at the hotel where he was booked in Room 405.

    Investigations by the Nation and Kenya insights indicate that the judge not only paid for the suspect’s ticket to Kisumu using M-Pesa, but also kept speaking to her as she boarded the flight on the day he sent his driver to pick her up and take her to the airport.

    Good morning. Driver left five minutes ago. He is coming for you,” the judge wrote.

    OK love,” she replied. “Pack mosquito repellent if you have,” the judge wrote in another SMS.

    Done.” After several minutes she wrote: “Hi. Driver has picked.”

    At the Wilson Airport, the suspect once again sent an SMS to the judge telling him that she was boarding the aircraft: Did you get medicated or shall I pick something en route once landed … We are boarding now.”

    INTIMATE MESSAGES

    I have a cough syrup and lozenges. There is no steam bath here,” he wrote.“Hi hun. I have checked in and now the long wait to boarding.” “CU soon,” replied the judge, attaching a kiss and the classic love heart emojis used as expressions of love.

    We haven’t ascertained whether the two were in any relationship, but the flow of the conversation was suggestive of an ongoing love affair.

    There are no records at the hotel to suggest that the suspect booked a separate room — and there is no evidence, either, that she left the hotel on that day.

    That evening at the Aqua Pool, the two ordered a whole Tilapia and one “Catch of the Day”.

    It was delivered to Room 405 and a service charge of Sh2,800 was entered around 11pm in the name of the judge. They were also served with some whisky.

    There is evidence that the two were still together the next day, and at about 4.30pm she ordered a Blue Berry cake only for the afternoon to be disrupted by a call from the police in Nairobi who wanted her to report to Kilimani, urgently.

    The judge, using his mobile phone and M-Pesa account, booked a ticket for the suspect and she flew out of Kisumu the following day.

    In Nairobi, the suspect scanned copies of the media coverage and story links and sent them to the judge before she went to record her statement with the police the next day.

    Sources say that she asked for a soft copy of her statement, which she immediately sent to the judge: “This is what the police have recorded; peruse, add/remove what is necessary and return …”

    The judge received the copy. He then sent the copy to the suspect, who took the copy back to the police station.

    Tob Cohen’s widow and main murder suspect Wairimu was freed on bail on 11 October, 2019 after spending 43 days in police custody following her arrest by DCI officers when she appeared at the directorate for questioning.

    Apparently, Justice Ole Kantai was also arrested on Friday, 21 2020 while in Kiembeni, Mombasa and grilled by the homicide detectives in connection to this murder case before being taken to Muthaiga Police station. Released on Police bond on Saturday, 22 after spending a night behind bars with a condition to report back to the DCI on Monday, 24 for further interrogation .

    Police are also said to be considering charging Justice Kantai with accessory after the fact in the Tob Cohen murder case.

    Justice Kantai(left), Wairimu Cohen(middle) and Late Tob Cohen
  • There’s A Problem At Epic Properties

    There’s A Problem At Epic Properties

    After running vigorous campaigns on social media advertising the land of milk and honey, real estate company Epic Properties is now on the spot after residents realized they were hoodwinked and services promised were not being offered.

    Taking to social media tenants have continuously complained about the subpar management of the homes they pay tooth and nail to live in. A twitter user, Wambui says the state of living at the properties is detrimental, with no hint of change after months of promises.

    Wambui says the homes were far from what was advertised, soon after moving in the low cost models could be easily be noticed and access to clean water was only limited to a few weeks after moving in after which they are asked to part with more huge sums of money on top of rent, failure to which what they got was “DIRTY, SMELLY, SLIMY” water.

    Electricity shutdowns at the properties is also regular, residents get a blackout on average every one and a half days. When asked to fix the problems, management shifts blame to Kenya Power and Lighting Company (KPLC) but wambui states the blackouts only happen at Epic.

    Management at Epic Properties should be ashamed, there is nothing epic about residents paying top dollar to get infections. This is after consuming dirty water bought because it’s cheap so some people can get rich quick. It is outright unfair to inconvenience the people who feed you by turning a deaf ear to their power outage concerns.

  • The Kidney Scam Story At Mediheal Group Of Hospitals

    The Kidney Scam Story At Mediheal Group Of Hospitals

    With abdominal pains, Joseph Okoth (not his real names for confidentiality) walked into Mediheal Nakuru Branch for tests and hopefully treatment. Unknown to him, he was walking straight into a disaster.

    Seen by a Dr. Aemen Asher and Dr. Vinayak Ingalagi both of whom couldn’t speak straight Swahili as they’re Asian medical imports, Joseph walked into his nightmare.

    Sonography results seen by Kenya Insights and verified by complying medical experts shows that Okoth was in good health, contrary and to his fears, all his organs were in perfect health. However, his problems would start at this point.

    “Expose the rot in Mediheal Hospital Nakuru.
    Recently I was lured in to a misdiagnosis of kidney failure and booked for dialysis which I insisted to be discharged agains medical advice. Which later in checking with two other hospitals in Nakuru all my internal organs were working properly.” Joseph opens up to the Kenya Insights writer in an email.

    Joseph is a senior lecturer at a public university. He tells me he’s never fell ill previously so his medical cover has remained untouched and here’s where the scandal jumps in.

    Following successful tests at Mediheal that turned out negative on his organs having any defaults, the doctors came up with a rather unprofessional and clearly dubious recommendation.

    Joseph was to be put on dialysis. This was done verbally and not put on record. In what seems like a norm at the hospital, Joseph writes, “Dr. Aemen went personally to their nhif desk to check in the system before they begun treatment.” On his NHIF account that has not been utilized, he had Sh1M and it’s here where he suspects the monkey business started playing.

    He claims he was put through unnecessary tests. “I only had my lab results, I refused to go through dialysis. The Indian doctors are cunning because they recommend dialysis and CT scan verbally. That’s what I found unprocedural and insisted to be discharged.” He writes partly.

    He continues, “The immediate recommendation from the doctor was to check my insurance cover. Interestingly I had never used it coz I’ve never fell ill. So once he noticed I have one million NHIF insurance cover he immediately recommended admission. Which I complied, even after the scan showed no faulty organ. It was after he touched my belly and said I required urgent appendix surgery ‘from how he felt my tummy’ , once in the private wing admitted he comes an hour later with very bad news that the lab results showed my kidneys are seriously damaged and I require urgent CT scan and dialysis. This was verbal. So I asked him to walk out and give us , my brothers and my wife to consult. mark you, all these news are broken before all of us. No patient privacy. I felt like am being conned. You know how the city street conmen in Nairobi take you mbio mbio with threats so that you comply. Immediately I told my people to discharge me so that we can seek a different opinion.”

    At this point I’d like to make it clear that the official medical results of mediheal which we’ve since seen, don’t show that Joseph’s organs had defaults and all that he was told by the doctor was all but verbal which is suspect.

    It even goes further to raise more eyebrows according to the statement by Joseph, “Vinayak was the one in the consulting room, another Indian guy in the lab did the tests and Vinayak sent me to Aemen whom the lab tech gave results. Aemen recommended admission after checking my insurance cover, then once in the hospital bed Aemen and Vinayak comes says my kidneys are bad I needed to be dialysed and scanned.”

    Its starting to sound like the Nairobi women’s hospital saga and many other private hospitals who prey on health insurance covers to milk unsuspecting and vulnerable clients. We can’t confirm if this incident is isolated to NHIF only but you can most likely tell.

    Joseph after seeking alternatives and refusing to undergo the verbally prescribed dialysis, had this to say, “I went to Nakuru War Memorial Hospital Nakuru where they confirmed my organs are working perfectly. However the lab results indicated I needed some antibiotics. I was only expecting to be managed with the pain on my appendix when I went to Mediheal.” He was eventually found with high chemical concentration that was to be cleaned at the War memorial to lower toxicity in the blood, this was from Mediheal medication.

    However, there’s the issue of costs, “The difference in charges is glaring. 22 hours I paid Sh70,000 to Mediheal Hospital Nakuru but paid Sh89,000 at War Memorial Hospital Nakuru in Five Days. A clear indication that Mediheal full of foreign quack doctors.” Kenya Insights can confirm these claims based on the medical reports/receipts that were availed to us.

    He further makes claims, “Africans are just nurses receptionist, cleaners, sonographer. The rest specialized exercises like consultant doctors and lab tech are Indians. Even when they consult Infront of a patient they speak in their mother tongue.”

    Joseph had reached out to Kenya Insights following an article that linked the Mediheal VP Prem Kumar to a kidney and organ trafficking in India years back. These claims have since been denied by the CEO Swarup Mishra saying they’re based on political witch-hunt and that Mediheal is not in anyway involved in body organs trafficking.

    Its also prudent for patients to be aware of their rights: The first edition of the Kenya National Patients’ Rights Charter 2013 published in October 2013 clearly highlights the following; One Highlights clearly the 14 Patients’ Rights which include;

    1.) Rights to access health care; (2.) Rights to receive emergency treatment in any health facility (3.) Rights to be informed of all the provisions of one’s Medical Scheme/Health Insurance Policy (4.) Right to choose a health care provider (5.) Right to the highest attainable quality of Health care products and services (6.) Right to refuse treatment (7.) Right to confidentiality (8.) Right to informed consent to treatment (9.) Right to information (10.) Right to be treated with respect and dignity (11.) Right to a second medical opinion (12.) Right to complain (13.) Right to insurance coverage without discrimination on the basis of age, pregnancy, disability, illness including mental disorders (14.) Righ to donate his or her organs and/or any other arrangements/wishes upon demise.

    From the mentioned rights as a patient, Joseph noticed several of his rights as a patient were being violated.

    In our continuing series of Mediheal, we focus on the hidden hand and untold story of Mishra on medical tourism and just how qualified are his doctors and the ethnicity context including his business with the government and his questionable bills in parliament.

    If you have any comment, additions, intel, or anything that matters on this subject, write to me ([email protected]).

     

     

  • Investigations Reveal How Moses Kuria Gave His Relatives And Friends Sh100M CDF Tenders

    Investigations Reveal How Moses Kuria Gave His Relatives And Friends Sh100M CDF Tenders

    Gatundu South Member of Parliament (MP) Moses Kuria allegedly awarded Sh100 million from his Constituencies Development Fund (CDF) to his close family and friends during his first term as MP.

    The companies used to receive these tenders were all newly registered right after Kuria was elected as MP and went ahead to secure all the tenders. A total of about 14 companies formed between 2014 and 2015 won at least Sh100 million from 31 tenders that were advertised for building schools and funded either by the CDF or jointly with the Ministry of Education.

    Kuria’s constituency received Sh365,204,334 between the 2014/2015 and 2017/2018 financial years when the contracts in question were issued.

    Aloise Kinyanjui Kuria, an officer at the Directorate of Criminal Investigations (DCI) office is Kuria’s brother and also co-owns Finish Line Construction Ltd, which received a Sh5.7 million contract to build four classrooms at Ituuru High School. Kinyanjui owns 50 pc shareholding in the company while the other half is owned by a Mr Sammy Andrew Kamau.

    Finish Line Construction Ltd was formed in October 28, 2014 and was  listed as being involved in constructing buildings, houses, apartments and repairs. The company further won a couple of other tenders to build Gikure, Githaruru, Wamwangi and Karinga secondary schools in 2015.

    Supreme General Traders was registered on November 4, 2014  by a James Kogi Kuria and John Ngigi Kuria, the company was awarded a Sh5,822,822 tender to build four storeyed classrooms at Mutunguru Secondary.

    Numerical Strength Ltd was registered on August 13, 2014 and is owned by a John Ngigi Kuria and Monica Ngonyo Ngendo. The company was awarded a Sh25 million tender to put up a school laboratory at Muhoho High School and another Sh5.9 million tender to build a dormitory at Gitare Secondary.

    Lujatech Enterprises Ltd was was registered one month before the tenders were dished out on July 8, 2015 to Tresia Mwihaki Regeru, Charles Regeru Nguru, Lucy Wambui Regeru and Jane Muthoni Regeru. The company was awarded tenders to put up a dormitory at Ngenda Secondary and Gathuri Secondary at Sh5.3 million and Sh4.9 million respectively.

    one of the owners at Lujatech, Charles Regeru Nguru co ownsa Mwaura Timber Yard, which won construction contracts at Gathiru Secondary, Gatiru Day and Nembu Secondary.

    Ms Kiki Holding Ltd was registered on December 22, 2009 to a Jane Wambui Kuria, a police officer. The company received a tender of about Sh10 million tender to build a dormitory block at Kiamwangi Secondary and Wamwangi Secondary.

    According to the Nation the companies present a conflict of interest since they are all owned by people close to the MP and were awarded the tenders without due process.

    In what is a worrying trend, The Netizen crowned “Governor of the year”  Makueni Governor Kivutha Kibwana was recently in trouble for awarding a Sh4 million family planning and youth empowerment tender to Nazi Kivutha, His wife.

    Chapter 12 of the Public Officer Ethics act bars a public officer “from awarding a contract or influencing the award of a contract to himself, a spouse or relative, business associate or a corporation, partnership or any other body which the officer has interest.”