Category: Opinion

  • Explainer: The Difference Between Defamation Suits and SLAPP Litigation

    Explainer: The Difference Between Defamation Suits and SLAPP Litigation

    SLAPP stands for Strategic Lawsuit Against Public Participation. SLAPPs are lawsuits intended to silence or intimidate critics by burdening them with legal costs and the threat of further litigation.

    The primary goal of a SLAPP is not to win the case, but rather to use the legal process itself to inflict financial and emotional strain on the defendant. Defamation suits are a common SLAPP tactic. Why?

    Defamation suits are a common SLAPP tactic because:

    The burden of proof: the burden of proof in defamation cases often rests on the defendant who has to prove the statements were true, substantially true, or protected as opinion – which can be time-consuming & expensive.

    High damage awards in defamation suits can create a chilling effect, making individuals or groups hesitant to speak out on matters of public interest for fear of expensive and lengthy court battles. on matters of public interest for fear of expensive and lengthy court battles.

    Defamation-based SLAPPs often target those who engage in public debate, protest, or criticism of powerful individuals or corporations. The goal is to discourage criticism by making it too risky. How can you tell if a defamation suit is a SLAPP?

    The plaintiff is often a wealthy individual, corporation, or government entity with greater resources than the defendant. The allegedly defamatory statements address issues of public concern, such as criticizing business practices or government actions.

    Courts play a crucial role in protecting free speech and public participation by identifying and dismissing SLAPP suits. These actions not only safeguard individual defendants but also deter future attempts to silence critics through abusive litigation.

    A good example of SLAPP is that between Kakuzi and human rights organizations.

    In March 2021, Kakuzi Limited took two lobby groups to court seeking to lift the lid on investigations into rape, killings, and abuses in its expansive farm in Makuyu.

    Kenya National Human Rights Commission (KHRC) and Ndula Resource Center (NRC) are said to have investigated the alleged atrocities by Kakuzi guards and which led to a case in the United Kingdom against Camellia PLC, Kakuzi’s parent company.

    Although Camellia paid Sh696 million as compensation, Kakuzi in its case says that KHRC’s claims on what allegedly transpired is untrue and should be forced to produce the report of its investigations to the police, or before a magistrate.

    Kakuzi says in its case filed before the High Court that it wrote to KHRC and NRC demanding that they either report to the authorities or be forced to admit that they had no evidence to support the claims by 85 people and delete an article published in KHRC’s website.

  • The Haiti Propaganda

    The Haiti Propaganda

    By Jason James

    The Haitian cannibal story has been an eye opening moment for me in regards to the way propaganda travels and who is responsible for distributing it.

    The current narrative on X (and everywhere else) is that a man named Jimmy Cherizier aka Barbecue has taken over Haiti with his cannibal gang and the island nation has descended into chaos. Now Haitian cannibal gangs are making their way up to the US and are invading through the southern border.

    The real story

    Haitian Prime Minister Ariel Henry was unelected and installed by the US and UN in Haiti.

    Henry was an extension of US and globalist interests which meant more privation and suffering for Haitians.

    This triggered somewhat of a revolution in Haiti and armed groups banded together to remove Henry from power- including Cherizier and his group.

    Cherizier is a former police officer who started a group called the Revolutionary Forces of the G9 to protect Haitians from vicious gangs who rob, rape and murder, and are largely supported by elite members of Haitian society who are connected to the US and UN.

    Cherizier’s group and the gangs agreed to a non-aggression pact and now most are working with Cherizier to remove Henry’s government from Haiti.

    The US and UN arranged for Henry to travel to Kenya and brokered a deal for Kenya to provide death squads that would put down the resistance.

    Cherizier and his groups have blocked off the airports to prevent Henry from returning, and I suspect prevent said death squads from entering the country.

    The US is now circulating propaganda via social media to create a pretext for military intervention. The cannibal gang story is their creation. Cherizier and his group are not cannibals. It’s unclear who is in the cannibal videos and where they’re from. The man you’ve seen eating a charred human leg is not Cherizier.

    The US and UN’s interest in Haiti is also unclear (strategic location? Sex trafficking?) but they are putting a lot of focus on Haiti and their propaganda effort to generate western support for intervention.

    From what I know, the people in Haiti are largely in support of this revolution and want Henry, along with his globalist puppet masters, removed from their government.

    Keep an eye on the big accounts you see sharing the Haitian gang propaganda. These people are either wittingly or unwittingly circulating a narrative constructed by the Biden administration, UN and American Military Industrial-Complex, and working on their behalf.

    I learned a lot about sources I can and cannot trust through this story, and the list of sources sharing legitimate information grows smaller by the day. If they’ll lie about this, what else are they lying about? If they aren’t checking the validity of information they’re sharing, what else aren’t they looking into?

    Nothing is what it seems, and as much as I hate to say it, these big news sources and podcasts that many rely on for information are proving western governments right in their argument for censorship and what they classify as misinformation and disinformation.

    The writer is an essayist and host of the Brave New Normal podcast.

  • Origin Of The Word ‘Mboch’ Meaning Housemaid

    Origin Of The Word ‘Mboch’ Meaning Housemaid

    By Michael Mundia Kamau.

    “Mboch” means servant in Giriama. The Giriama are a Kenyan community mainly found at the Kenyan coast, and the Giriama are part of Kenya’s larger Mji Kenda community, Mji Kenda meaning Nine Communities.

    The other eight Mji Kenda communities are the Digo, Jibana, Kambe, Chonyi, Duruma, Kauma, Rabai and Ribe.

    I belong to different Kenyan generations, aged about 55 years and above today in the year 2024, that were taught about the Mji Kenda, as well as all other Kenyan communities, when we were in primary school, in the now “ancient” seven-six-three (7-6-3) education system, namely:

    1. Seven years in primary school after which was sat, in Standard 7, the Certificate of Primary Education (CPE). The last CPE was sat in 1983;

    2. Six years in secondary school/high school, broken down into two, that is:

    (i). Form 1 to Form 4 (O-Level), after which was sat, in Form 4, the Kenya Certificate of Education (KCE). The last KCE was sat in 1987;

    (ii). Form 5 and Form 6 (A-Level), after which was sat, in Form 6, the Kenya Advanced Certificate of Education (KACE). The last KACE was sat in 1989;

    3. Three years of training/education at a tertiary institution;

    At least four well known Kenyans, today in 2024, who sat the Certificate of Primary Education (CPE), the Kenya Certificate of Education (KCE), and the Kenya Advanced Certificate of Education (KACE), are:

    1. H.E. (Dr.) William Samoei Ruto, President of the Republic of Kenya;

    3. H.E. Rachel Ruto, First Lady of the Republic of Kenya;

    4. H.E. Rigathi Gachagua, Deputy President of the Republic of Kenya;

    5. H.E. Dorcas Rigathi, Second Lady of the Republic of Kenya;

    In the days of the first East African Community of 1967 to 1977, the Kenya Certificate of Education (KCE) was known as the East African Certificate of Education (EACE), and the same EACE was sat by Form 4 students (O-Level students) in Kenya, Uganda and Tanzania.

    In the days too of the first East African Community of 1967 to 1977, the Kenya Advanced Certificate of Education (KACE) was known as the East African Advanced Certificate of Education (EAACE), and the same EAACE was sat by Form 6 students (A-Level students) in Kenya, Uganda and Tanzania.

    The last EACE was sat in 1978, and the last EAACE too was also sat in 1978.

    Kenya’s current Prime Cabinet Secretary, H.E. Musalia Mudavadi was in Form 6 in 1979, and therefore sat the Kenya Advanced Certificate of Education (KACE).

    H.E. Musalia Mudavadi was in Form 4 in 1977, and therefore sat the East African Certificate of Education (EACE).

    The current Speaker of the Kenya Parliament, Hon. Moses Wetangula, is slightly older than H.E. Musalia Mudavadi, and in his case, Hon. Moses Wetangula, in his time, sat both the East African Certificate of Education (EACE), and the East African Advanced Certificate of Education (EAACE).

    Kenya’s current Attorney-General, Hon. Justin Muturi, in his time, also sat both the East African Certificate of Education (EACE), and the East African Advanced Certificate of Education (EAACE).

    Those times seem so distant now.

    In my interactions over the years, I have sometimes mentioned different things my generation were taught in primary school, such as about the Mji Kenda and other different Kenyan communities, to the shock and surprise of different people I have interacted with over the years.

    The seven-six-three (7-6-3) education system was a good education system, not a perfect one, but a good one, though in saying so, I am not advocating for a return back to the seven-six-three (7-6-3) education system.

    Also, what we today know as the Kenya Broadcasting Corporation (KBC), was known as Voice of Kenya (VOK) from 1964 to 1989.

    From 1928 to 1964, what we today know as the Kenya Broadcasting Corporation (KBC), was known as the Kenya Broadcasting Service (KBS).

    The Kenya Broadcasting Service (KBS), and Voice of Kenya (VOK), were a State owned monopoly in Kenya from 1928 to 1989.

    In the 1960s, the 1970s and the 1980s, Voice of Kenya (VOK) Radio, through the Educational Media Service (EMS) of the Kenya Institute of Education (KIE), transmitted radio lessons, across Kenya, in both Kiswahili and English, between 10:00 a.m. in the morning and 12:00 noon, on weekdays, and between 2:00 p.m. in the afternoon and 4:00 p.m. in the evening, on weekdays.

    These radio lesson broadcasts on Voice of Kenya (VOK) Radio back in the 1960s, the 1970s and the 1980s, were of great benefit to many Kenyans in different parts of the country, and were another bolster for the Kenyan education system back in those days. Some of those Voice of Kenya (VOK) radio lessons, back then, even taught the French language (French for beginners).

    Quite a number of teachers in different parts of Kenya back then, regularly simply brought radios to class and switched them on during the Voice of Kenya (VOK) radio lesson broadcasts.

    Voice of Kenya (VOK) Radio back in those days, also broadcast Adult Literacy lessons from about 7:30 p.m. in the evening on weekdays.

    Like I say, those times seem so distant now. Nevertheless, either the “Daily Nation,” the “Saturday Nation,” or the “Sunday Nation,” could consider publishing this letter in public interest.

    The Kenyan education system is currently in turmoil and maybe we can all help move the Kenyan education system forward, by looking back and borrowing from the past, such as the Voice of Kenya (VOK) radio lesson broadcasts of the 1960s, the 1970s, and the 1980s.

  • Makau Mutua: Death Penalty Is Primitive, Has No Place In Modern World

    Makau Mutua: Death Penalty Is Primitive, Has No Place In Modern World

    Former Chairperson of the Kenya Human Rights Commission, Makau Mutua, has criticized the sentencing of Joseph Irungu, popularly known as ‘Jowie’, to death for the 2018 murder of Monica Kimani.

    Commenting on the matter on Thursday, Mutua asserted that the death penalty has no place in modern society and is contrary to Kenya’s Constitution.

    While delivering the sentence on Wednesday, Justice Grace Nzioka indicated that the nature of the killing warranted the highest penalty.

    She stated that Jowie was ineligible for rehabilitation as the crime was beyond restitution.

    However, Mutua contested the imposition of the sentence saying it contradicts the principles and legal philosophy enshrined in Kenya’s 2010 Constitution.

    “It’s [death penalty] jurisprudentially inconsistent with the logic, values, and legal philosophy that undergird Kenya’s 2010 Constitution,” he said.

    He argued that regardless of the brutality of the crime, the death penalty remains morally, practically, and philosophically indefensible.

    Mutua added that the death penalty does not bring back the victim or deter future killers.

    He further added that the death penalty is “vengeful, primitive, and callous” and does not benefit society in any way.

    “An eye for an eye makes the entire society blind,” he added.

    Kenya is one of 22 African countries that still has the death penalty in its statutes, even though it hasn’t carried out any executions in more than three decades.

    Kenya last effected the death sentence in 1987, when prison authorities hanged Hezekiah Ochuka after he was convicted of treason over the 1982 coup attempt.

    Currently, 120 countries throughout the world, including 25 in Africa, have abolished the death penalty.

    As a result, Kenya is categorized by the United Nations as being “abolitionist de facto,” which refers to a nation that has not executed a convict in at least 10 years.

    Penal Code reform

    A 2023 report released by the Kenya National Commission on Human Right (KNCHR) indicated that there are over 600 inmates in Kenya who are on death row.

    The report dubbed “living with a death sentence in Kenya: prisoners experience of crime, punishment and death row,” launched in January 2023, states that many more prisoners have been sentenced to death in the past decades but have had their sentences commuted to life imprisonment.

    In October 2023, Chief Justice Martha Koome presented two bills to Parliament, the Penal Code (Amendment) Bill 2023 and the Criminal Procedure Code (Amendment) 2023 in a move to reform Kenya’s criminal justice system.

    The proposed legislation aims to reduce sentences for individuals facing life imprisonment, particularly those convicted of capital offenses to 30 years.

    Under the current Kenyan Penal Code, which was drafted in the 1930s, individuals found guilty of murder, robbery with violence, or treason can face the death penalty.

    Further, the Bill seeks to cascade the offences of murder and robbery to ensure commensurate punishment for the different offences and to amend the provisions relating to mandatory death penalty in compliance with the judgements of the High Court on the prevailing human rights standards.

    The Penal Code reform seeks to incorporate language that aligns with human rights standards, particularly concerning individuals with intellectual and psychosocial disabilities.

    In the proposal, Koome is banking on Parliament to approve a change to Section 112A of the Penal Code in subsection (4) that replaces the word “manslaughter” with the words “second-degree murder.”

  • Opinion: Why You Need Money, A lot Of Money To Win A Murder Case

    Opinion: Why You Need Money, A lot Of Money To Win A Murder Case

    By Maxwell Juma

    As long as there are no eyewitnesses to a murder case that you are facing, then use all the money you have in this world to prove your “innocence” and here’s why:

    First and foremost, our justice system is designed to protect you – the innocent. So the standard of proof is very high, and one can only be convicted when the prosecution proves its case beyond reasonable doubt. The system is designed to ensure that you are not convicted unless your guilt has been proven beyond any possible question. If you raise one pertinent question – you are a free man.

    Raising that question is not easy, but if you use enough money, then it somewhat becomes easy. Let me tell you how;

    First, you have to understand the repercussions of a criminal record, it extends beyond the courtroom, potentially impacting your freedom, your sex life, your family, your employment and well, your future opportunities. Recognizing these stakes should be motivation enough for you to use all the resources you have to build a robust defence.

    The first step to doing this is to hire a skilled lawyer who will help you assemble your dream team. A dream team in this context can be a law firm with adequate facilities and enough human resources to work on your case.

    The second step is to pay your lawyer well enough to be motivated to help you raise that doubt. There are a number of people working on your case; we have the lead lawyer, the second chair lawyer, associates, paralegals, secretaries, pupils, private investigators, among others. Keep in mind that there are two types of Criminal Lawyers in Kenya:

    1. The ethical defender – Louis Litt
    2. The zealous lawyer – Harvey Specter

    The Ethical Defense Lawyer is one who stands up for justice with Integrity. They don’t care whether you win or lose. They are just there to ensure that you are given a fair trial.

    The Zealous Advocate goes to the pits of hell to secure your victory. They go above and beyond. You need this kinda lawyer.

    The third step is to pay enough money to facilitate your case. We call them disbursement fees. If you are facing a murder case, just drain your bank account and hand it over to your lawyer. They will use whatever they use and give you back whatever is left. Lawyers are good people.

    Here’s how your money is going to be used to help you raise that doubt:

    1. Thorough Trial Preparation:

    Before a trial begins, thorough preparation is essential for a strong defence. Your lawyers will meticulously review all evidence, from emails to police reports, and they will use this information to create motions in limine, propose voir dire, and prepare exhibit and witness lists. This comprehensive process demands significant hours, reflecting the commitment needed to ensure a fair trial. If this process is done speedily or wrongly, things will get wrong.

    2. The Cost of Witnesses and Experts:

    After preparation, your lawyer will formulate a defence strategy and a theme, subsequently, he will assemble a team of ideal witnesses to dance to the tune of your theme.

    Witnesses play a crucial role in establishing facts, but their involvement comes at a cost. Let’s assume you are facing a murder charge that no one saw you commit (just like in Jowie and Jackie Maribe’s case). You will need a lot of expert witnesses to recreate the scene. The prosecution will need to paint a picture of what really happened since no one saw it. They will put you in the middle of the scene (wewe ndio stero). Your witnesses will try to deconstruct this scene. Some of these witnesses will include medical professionals, actors, forensics experts, photograph experts, Knife experts, and handwriting analysts. All of these people will try to help you present a compelling defence. The expenses tied to hiring these experts can be substantial. More so, some of these witnesses come with their props to court to demonstrate. More expense.

    In OJ Simpson case, the defence presented a total of 58 witnesses. Mind you, this is a murder that not a single soul in this world witnessed being committed, only the dog saw it. OJ ended up using KES 400 Million to defend it, and the government used KES 900 Million to prosecute it.

    3. Logistical fees:

    Securing witnesses can pose logistical challenges, particularly if a key eyewitness has relocated. The expenses related to transporting, housing, and feeding them throughout the trial can be significant. Additionally, the need for law enforcement escorts or protection details further escalates overall costs. Some witnesses would want to be protected.

    4. Time-Intensive Investigations:

    Serious trials, including those involving the death penalty or life imprisonment, demand extensive time investments. Investigating, interviewing potential witnesses, and researching legal aspects are crucial steps in building a robust defence. This time-intensive process, both inside and outside the courtroom, underscores the complexity of mounting a thorough defence. Lawyers need to prep their witnesses well enough before they get on the stand. We normally create mock trials to help them overcome their stage fright and also prepare them for what’s to come. To achieve this, a lot of money has to be used.

    5. Private Investigators and Additional Costs:

    In certain cases, private investigators are enlisted to explore witness backgrounds for impeachment purposes. However, these services come at a steep price, potentially reaching KES. 100,000/= per witness. Moreover, some cases may require props and actors to recreate scenes, adding another layer of expense to the defence strategy.

    Understanding the financial intricacies of criminal trials reveals the critical role of money in proving innocence. As individuals strive to defend their freedom within an imperfect legal system, investing in a comprehensive defence becomes paramount. While the costs may seem overwhelming, it is an essential investment in securing a fair trial and upholding the principle that everyone is innocent until proven guilty. In the pursuit of justice, recognizing and addressing the financial challenges inherent in criminal trials is an indispensable step towards a more equitable legal system.

    Disclaimer

    This is not legal advice and should not be relied upon as such.

    The writer is a lawyer.

  • The 6 Billion Shillings Motive Behind Security Guard’s Salary Ultimatum

    The 6 Billion Shillings Motive Behind Security Guard’s Salary Ultimatum

    By Boniface Mwangi

    The road to hell is paved with good intentions. The government through the Private Security Regulatory Authority (PSRA), under the stewardship of its boss Fazul Mohammed, has whether by error or by design, prepared a snare calculated to shake down security companies for billions of shillings at the risk of being deregistered.

    The regulator issued an ultimatum to the more than 2,000 security companies to commit to a pay rise for their 700,000 employees, or face deregistration and stiff fines. The security companies, Fazul has decreed, have a week to submit a duly signed commitment letter that they will pay their guards a minimum salary of Ksh 30,000.

    “Any private security company that fails to submit a duly signed copy of the Legal Commitment within the next 7 days shall be subjected to a statutory review of its registration and licensing status including cancellation of its registration license”, reads a notice sent by Fazul, dated January 29, 2024.

    In April 2022, a directive was sent to all security companies to register with the Private Security Regulatory Authority, failure to which they would be deregistered. Sources indicate that security companies gave between Ksh3 million to Ksh10 million as appeasement to someone. The registration was a trap, and then a shakedown for bribes.

    Every government institution has its own unique logo that it uses in official documents, but the Fazul Mahammed-led Private Security Regulatory Authority has adopted the national government logo to send threatening messages to security companies. This is an intimidation tactic to enforce compliance, and it has nothing to do with security and safety. The coat of arms, and the bold inscription, Office of the President, Ministry of Interior and National Administration, scream from the top of the letterhead with the ominous ultimatum. This is not how the regulator’s home page appears on the government’s eCitizen platform, where the coat of arms is denoted by a green circle ringed with the words “Private Security” and a red keyhole in the middle fenced by the letters P and S in black.

    On the face of it, the Ksh30,000 salary sounds like sweet music to the guards, who toil under very harsh conditions, risking life and limb to safeguard the lives and property of their clients. Security guards act as a substitute for the police, who are legally bound to protect life and property, but since they’ve failed in their duty, taxpayers are compelled to hire private security to guard their homes, open the gates to their offices, frisk clients, and act as the first line of defense in almost every space we occupy.

    Security guards deserve better pay, especially under this ruinous government, but this new demand is currently neither practical nor possible. The Government of Kenya pays a teacher Ksh18,000 and a police constable Ksh23,000. There’s a reason for this low pay and while it’s unfair and should be fixed, the prevailing economic circumstances militate against this. To achieve this objective, we must do better across the board.

    The Ksh30,000 salary for a guard would be great but very few companies can afford to pay this at a time when a majority of them have been forced to downgrade, lay off staff and, in some extreme cases, close shop due to the weakening shilling and a multitude of taxes that have increased the cost of doing business. For these new salaries to be effected, security companies would be forced to load these added costs onto their clients, majority of whom may opt out of these services, leading to canceled contracts and loss of jobs. And imagine walking into a mall or a supermarket or a bar today, where the first line of defense is not a human being who is visible, in uniform, and paid to make sure we are safe.

    The ultimatum is a crafty way by some government employees to collect billions of shillings in bribes within the span of a week. The creation of a regulation and demand for its compliance within a short period of time, and the accompanying threat to be deregistered for non-compliance, is calculated to create panic and line the pockets of the few to the detriment of the many. The regulation is not based on any law or act of parliament.

    This creates a back door where those who should comply can pay “za macho” directly. The money is never remitted to the government and the recipients end up raking in billions. The agents and their masters make their money, the regulation is withdrawn or postponed, and the people are none the wiser.

    Fazul knows that. But he says he is acting on the orders of President William Ruto, which makes some sense given how out of touch the government is with its own people, and why they do what they do.

    No security company will be able to implement the salary directive within seven days. The solution is that security companies are being told to prepare between Ksh2 million and Ksh10 million, depending on the size of the company, to give to the “right” offices so that this directive is withdrawn. A modest estimate of each company giving Ksh3 million in cash to individuals shows that the well-connected ‘officials’ will receive Ksh6 billion in cash in early February.

    That’s how Kenya works.

    Fazul has said anyone who hires or engages the services of any private security service provider and pays them below the minimum wage can be fined or jailed. The fine is Ksh2 million, and this explains why the minimum bribe has been set at Ksh3 million to stay this order.

    Fazul is just doing the bidding of his political masters. When he was the Executive Director of Kenya’s Non-Governmental Organizations, he terrorized NGOs. His academic qualifications, and suitability to head the NGO Coordination Board, were questioned by petitioners who argued he wasn’t qualified because he did not finish college.

    They stated he was discontinued from Egerton University for failing to score 50 percent or more of all the credit factors taken in the ordinary exams of one academic year.

    Fazul has a powerful godfather and when he resigned from the NGO board, he claimed he left Ksh2.4 billion in Central Bank belonging to NGOs frozen to the core.

    One wonders, is their target now the multi-billion-shilling security sector, and are some of the supposed regulations meant to fleece security companies that have invested millions to set up facilities to train their guards, and will now be required to register their schools and have them approved by Fazul before they can train their own guards? If your facilities fail to meet his standards, you will have to train your guards in Fazul-approved security training schools.

    Fazul has a pattern. He fought NGOS that promoted good governance, human rights, and civic education. The crackdown of NGOs in the run up to the 2017 general elections is the cause of Kenya’s choice of poor leaders. The lack of voter education had a direct correlation to the leaders who were elected, and that is why Matiang’i famously warned that dubious characters who had made money in fraudulent rackets would flood Parliament.
    Interestingly, the Private Security Regulation Act, 2016, that Fazul is quoting and basing his authority on, was annulled by the National Assembly on the 19th November 2019. The then Cabinet Secretary for Interior and Co-ordination of National Government, Fred Matiang’i, issued Gazette Notice No. 674 dated 29th January 2020 that stated thus:

    “It is notified for information of the general public that pursuant to section 19 of the Statutory Instruments Act, 2013, the Private Security (General) Regulation (Legal Notice no 108 of 2019, herein after referred to as the regulations made by the Cabinet Secretary Ministry of Interior and Coordination of National Government in exercise of the powers conferred by section 70 of the Private Security Regulation act, 2016 were annulled by the National assembly on the 19th November 2019.”

    The constitution is clear regarding how the government should go about engaging established businesses to prevent hurting the careful balance of a free market, but Fazul and his masters don’t care.

    The writer is a human rights activist and a whistleblower.

  • Establishment Of The Chinese Property Developers Association in Nairobi Casts Doubts Among Real Estate Stakeholders

    Establishment Of The Chinese Property Developers Association in Nairobi Casts Doubts Among Real Estate Stakeholders

    By Fred Aminga

    Chinese firms that have ventured into real estate development in Kenya formed an association in a move that holds the potential to spur economic growth, job creation and infrastructure improvement while facilitating technology transfer.

    With their experience in a country that is home to close to a billion in- habitants, the launch of the associa- tion is expected to enhance property development and is anticipated to address the needs of the sector, en- suring properties are well planned, organised, and cost-effective.

    Establishing the Chinese Property Developers Association in Nairobi has, however, not only stirred con- versation within the industry but has also prompted criticism including from competitors and activists term- ing the move suspect.

    The association, led by Zhang Ji- aping, says it aims to enhance prop- erty development, positioning itself as a bridge to serve society.

    But doubts have been cast on the association’s objectives with critics saying Nairobi may face the risk of being auctioned off to the highest bidder.
    Largely, it is the allegations of impropriety and disregard for ethics and laws by some of the members of the association which has intensified apprehensions.

    Others say that it may turn the city into a concrete jungle of high-rise buildings, potentially compromis- ing its future while enriching only the Chinese shareholders and their Kenyan associates.

    These concerns are valid and fol- low past instances of impunity by some developers and the use of ag- gressive tactics, including involving law enforcement officers when envi- ronmental concerns are raised.

    Critics accuse some Chinese de- velopers of sidestepping laws and exploiting “grey areas” in zoning regulations, environmental codes, and constitutionally enshrined pub- lic participation requirements.

    The worry is that the association might operate discreetly, facilitated by architects and contractors engag- ing in questionable practices.

    The skeptics now view the as- sociation as an enhanced platform that could empower further such acts, raising questions about its role in regulating the industry, even as Kenya has national developers’ asso- ciations offering similar services.

    Engaging with local communities,
    respecting local laws, promoting sustainable development and maintaining transparency will be key in fostering positive relationships be- tween Chinese firms and Kenya.

    The world over, successful ven- tures in this sector require international cooperation and adherence to best practices. Given Nairobi’s rapid growth with limited consideration for stringent environmental plans, such negligence could have severe consequences, especially with planned large-scale real estate development projects bringing forth environmental challenges.

    Additionally, there is a risk of economic dependency if the local economy becomes overly reliant on foreign real estate developers, particularly if it becomes heavily skewed towards a specific nation.

    Largely, such dependency can pose risks if the development is unsustainable
    or if there are abrupt changes in the global economic landscape, that can hurt Kenya significantly.

    To address these challenges and promote responsible investment practices, Chinese real estate devel- opers must prioritize responsible governance, transparency and ethical business practices. These measures are indispensable in ad- dressing concerns and will go a long way toward establishing mutually beneficial partnerships.

    Much as these varied concerns may be valid, however, it is essential to recognise that not all Chinese in- vestments pose these challenges.
    Many Chinese businesses operate responsibly and contribute positively to the economy and areas where they invest.

    It will take the Chinese Property Developers Association, local authorities and community stakeholders working closely together to pave the way for sustainable and mutually beneficial development in Nairobi.

    As the association establishes itself, it is crucial to work towards positive change, striking a care-
    ful balance between growth and responsibility and by addressing en- vironmental, economic, and ethical considerations.

    Chinese developers can play a vital role in contributing to Nairobi’s development while respecting the city’s unique character and needs.

  • Uganda: The Muhoozi Project Is A Hoax

    Uganda: The Muhoozi Project Is A Hoax

    By Andrew Karamagi

    After some contemplation and observation, I have come to the conclusion that the MK Project (a hodgepodge ensemble that aspires to install so called First Son, Muhoozi Kainerugaba, as successor to Yoweri Museveni) is a hoax and major diversion, orchestrated by the latter, with the former as an excited spoilt kid, buoyed by a brazen cast of unsophisticated fortune hunters, brazen wheeler dealers, ignorant sycophants, and callous felons.

    My three brief reasons:

    First, I hold the view that Museveni quietly but thoroughly despises Muhoozi for his lack of discipline, rigour, and intellectual depth. He doesn’t see him as a guarantor of the family’s bloodline and loot.

    Why do I think so? In my conversations with elders and bush war veterans, they have invariably underscored Museveni’s sheer determination, willpower, thirst for knowledge (even for nefarious motives), and spartan discipline (including his disdain for alcohol and penchant for physical fitness), all of which were part of his formative youthful years. When Museveni was Kainerugaba’s age, he was already considerably published on Marxist philosophy, Pan Africanism, public policy, guerrilla warfare, and politics as a whole. It is a different question whether he has lived up to his writings, but the same cannot be said, even remotely, of his son who can neither compose nor deliver a simple speech at a wedding ceremony, his own birthday party, or a public rally, off-the-cuff. Instead, Kainerugaba relies on what appears to be hastily scribbled, incoherent notes on sticky notes or shabby pieces of paper.

    Now in his eighties, the Old Man has evidently lost his shine and verve, but remains a polar opposite of his wayward son in terms of mental acuity and discipline. It doesn’t make sense to me that Museveni would take the gamble of entrusting his life’s work to a lazy, self-absorbed kid born with a silver spoon in his mouth.

    Second, Museveni’s pathological love for power, in its rawest and finest forms, makes it impossible for him to tolerate, much less support the notion of a successor. In his kingdom Uganda, there is no trinity or line of succession. He is the alpha and omega, the beginning and the end.

    Take a look at the fates of all those who were once thought to be potential replacements (many of whom he even cunningly whispered the idea of succession to), from James Wapakhabulo, Noble Mayombo, Amama Mbabazi, Gilbert Bukenya (don’t laugh!), to Rebecca Kadaga. Don’t let the father-son relationship mislead you; in Machiavellian equations of power, being his biological son doesn’t mean much to a despot.

    As with the rest of animal kingdom, so with humankind…lions, for example, are known to kill off young male offspring to guarantee their continued leadership of the pride. By the same logic, regardless of his state-of-mind, for as long as Museveni has the basic functions of body temperature, pulse rate, and respiration, it is not conceivable that he can entertain the idea of a replacement or successor, by whatever name called. It’s just not in him.

    Gen Muhoozi is the son of President Yoweri Museveni.

    Third and finally, Gen. Museveni’s career as a civil servant (i.e., intelligence operative and minister), guerrilla, and head of the ruling junta (so called NRM) has been characterised by countless smokescreens. Museveni trivialises or remains silent about serious issues and overplays the things he doesn’t really care about.

    (In)famous diversions include the ruse he sold regarding his commitment to cease fire and fully participate in the Nairobi Peace Talks (also known as the Nairobi Peace Jokes) yet his rebel forces were simultaneously advancing on (and later on captured) Kampala; his perennial mind games on the leadership of religions and kingdoms in Uganda; and the false alliance he made with MPs who zealously supported his bid for the removal of the presidential age limit, only for him to sacrifice them at the altar of the 2021 elections to appease an angry population.

    In the words of my friend Betty Nambooze, “if Museveni asks you to wait for him on the road that leads to Masaka, do yourself a favour and instead wait for him on the road that leads to Jinja.” Founding father Milton Obote who was his boss at a time designated him “a pathological liar who only tells the truth by accident.” One commentator whose name eludes me once hilariously quipped that if you shake hands with Museveni, check to see that you still have all five fingers. Against such a backdrop, why would anyone believe that for something as crucial as transition or succession, Museveni would play his cards so openly as to show us his heir apparent?

    Let me conclude this way:

    The only real utility that the MK Project possesses for Museveni is twofold:

    i. By deliberately hyping up a Kainerugaba presidency, Museveni forces the public to look favourably upon his continued rule because he is the Devil we know…and that Muhoozi would certainly be an unmitigated disaster. This reduces the spotlight on his forty-year-reign, as the “bewildered herd” gets distracted by the theatrics of the MK project.

    ii. Assuming that a real crown prince exists, the MK Project helps the ruling family to conceal the identity of that person, while we chase after shadows.

    In the end, the Ugandan public will be the ultimate loser in this long con. After all, Baalam Barugahara & Co., don’t care who takes power next or what happens to the country, as long as their stomachs are full.

    For these reasons, I hold the considered view that the MK Project is the latest in a series of hoaxes, not worth the undivided attention of Ugandans.

    Let’s focus on getting rid of Museveni and Musevenism—and the task of restoring our society to its past glory and dignity.

    Opinion is writer’s own.

    [email protected]

  • NYANCHWANI: Kenya’s Mainstream Media Is In Big Trouble

    NYANCHWANI: Kenya’s Mainstream Media Is In Big Trouble

    By Silas Nyanchwani 

    Undoubtedly, Kenya’s mainstream media organizations are in trouble. Big trouble. They have been since 2015.

    Losses, profit warnings, periodic laying off the staff, and a general attitude of distrust from the public have become the norm. Only SK Macharia’s Royal Media seems to be having a good time, even as the next three or four giants sink in losses and into oblivion.

    This is a far cry from the 2005-15 period when the media organizations were profitable, enjoyed institutional credibility, and journalists were some of the biggest names in the public sphere. TV personalities were big names. Louis Otieno. Julie Gichuru. Cathering Kasavuli (bless her soul). Janet Mbugua. Sophie Ikenye. Tom Mboya. You name them.

    Newspaper circulation was high. Newspaper columnists were an institution unto themselves. Mutahi Ngunyi, anyone? Magazines almost became part of middle-class reading culture. Drum. True Love. Adam. And a dozen other more.

    The newspaper sector is significantly affected, followed by television and some radio departments in different organizations that have either been shut down, their programming shrunk, and almost all have failed to keep up with the digital media onslaught from bloggers, YouTubers, and Social Media personalities. It is the same trend globally.

    However, in a fair world, local press must not be allowed to die. As Ted Malanda, a one-time editor at The Standard, media said that local press(media, a newspaper, or a radio) is the first source of authentic news to the public, and if the local media were vibrant, a tragedy like what happened in Shakahola would have been avoided since an alarm would have been raised much earlier.

    The mainstream media has been outdone, outshined, and displaced, and every passing day tends to bring their death sentence nearer.

    The decline of mainstream media in Kenya started in 2015. A combination and conflation of several factors heralded a new era of sharp declines in profitability for mainstream media, made worse by the slow response of managers to the new realities at mainstream media organizations. Most managers were surprisingly (really ironically) Luddites. I used to write a popular column in one of the tabloids. Many people would request the column from me, but it could only be availed online a week later because the boss wanted people to buy the hard copy of the newspaper. This was in 2016 when everyone wanted to win the eyeballs on the Internet.

    Usually, people used to share screenshots of the column and I always wondered, what if the article was shared online and the media found a way to lure advertisers to the digital space?

    The first nail in the coffin of mainstream media in Kenya came in 2013. With a new regime led by Uhuru Kenyatta and William Ruto, most media players may have been mistaken that the young duo, calling themselves “digital, ” would be friendly to the media. However, the duo turned out to be a PR-loving bunch with zero work ethic worth of praise from the media. Coupled with many corruption scandals, the media became overly critical. Provoking the president to call newspapers “Gazeti ni la kufunga nyama” (newspapers are for wrapping meat at the butcher’s shop). This eroded the media’s credibility, especially among his voters, who felt the criticism was undeserved. And being vengeful, a few sycophants thought the press had to be tamed.

    Gagging the media in a democracy that had enjoyed freedom for almost a decade would have been tricky. Rounding up journalists and throwing them in jail or killing them was going to attract the ire of the international community. Those are not good optics for a government obsessed with PR. This is not to say that journalists were not being harassed.

    However, someone figured out an even better solution. See, the government used to advertise in newspapers, and the mainstream media extracted up to 30 percent (some estimate up to 40 percent) of their profits from doing business with the government. Someone decided to take this away by creating a centralized government advertising agency where all government adverts and tenders are advertised through a newsletter in the dailies. The bureaucrats argued that it was part of the austerity initiatives to save the government a coin. Well, they did. And the money that was saved was allegedly stolen.

    With the credibility badly shaken and the government money gone, newspapers had no choice but to lay off their best journalists because they could no longer afford them. In their place, younger, inexperienced journalists were employed, which only helped a few media organizations.

    By 2017, the media was in HDU.

    Something worse happened during the 2017 elections that further dented the media’s credibility.

    On election day of 2017, this drunkard, salt-of-the-earth man went and queued to vote for his favorite candidate (presumably the incumbent, given the voter’s name and his looks, pardon the profiling). He had carried food for the day, namely githeri ( a boiled mix of corn and beans favored by Central Kenya folk, where the then president hails from). The man became the symbol of the election and the determination of voters from Central Kenya to vote for their favorite candidate.

    The man who later earned the moniker Githeri Man became a national meme, ubiquitous everywhere as his photo was photoshopped into pictures of prominent people or occasions. He became a running gag because of the media’s fixation with him. In fairness to the press, they were silently gagged by the powers-that-be, and with nothing to report on, they became fixated on the Githeri Man.

    Half of the nation that didn’t vote for President Uhuru in an election that the Supreme Court annulled (a first in Africa and third in the world) felt insulted by the images of the Githeri Man, who became a symbol of voters’ determination to vote. If the Jubilee voters loathed the media for being too critical of Uhuru and Ruto, the opposition hated the media for the cavalier coverage of the 2017 elections. Unknown to the public was the fact that the Kenyan media is not entirely independent. Both in terms of ownership and government meddling, it is a far more complex relationship. And like that, the media lost trust with both sides of the electorate.

    But whereas the above factors changed the course of the Kenyan media landscape for the worse, there were other factors beyond the control of the media organizations.

    Chief among them is the expansion of the social media space and the growth of the Internet.

    Social Media has been highly disruptive. And the media, rather than latching onto it, have been clutching at straws, playing catch-up. As things stand, social media may trump legacy media once and for all, or a new media enterprise built around social media will likely emerge and send the mainstream home for good. More on this in the second part of this newsletter.

    Presently, six social media entities have complicated life for mainstream media. Facebook is ideal for older millennials (those born in the late 1970s to around 1988. Twitter is good with those born between 1988 and 1993. Instagram is good with younger millennials, born in 1993-97, and TikTok is good with Gen Z. Of course, there are overlaps, and YouTube is widespread across all demographics. Each social media caters to the specific needs of each demographic. And LinkedIn has been playing good catch-up.

    When media enterprises complained about social media using their content for free, tech companies deployed algorithms that started suppressing the circulation of the content, forcing the media houses to sponsor stories that could have worked better.

    However, the big media platforms across the West have embraced different strategies to get their social media going and keep their audiences engaged.

    Kenyan mainstream media has been playing catch-up. Tuko, which is not part of the legacy media, is Kenya’s leading digital news outlet. It is not even a decade old in Kenya.

    Social media beat the local media organizations on two fronts.

    First, as a source of news and gossip, bloggers such as Cyprian Nyakundi, Robert Alai, and Edgar Obare have become institutions unto themselves as the primary sources of good corporate and political gossip, with Edgar Obare the leading front in lifestyle and personal gossip. These bloggers don’t have the institutional need for checks and balances that mainstream media have to ensure they are not sued against libel and defamation, which has eaten a chunk of one of the mainstream media houses in Kenya. Secondly, their boldness has overshadowed the mainstream media in recent times. At one point, an individual like Nyakundi had a more significant following on Twitter than the next two big media houses combined.

    Secondly, in terms of entertainment, whereas in the past, mainstream media could afford to hire any talent and monopolize it, such as KTN and NTV owning Reddyukulas and Red Korna in the mid-2000s, nowadays, many breakout stars are independent and don’t need any institutional media backing. The last ten years have seen many YouTube stars rake millions of dollars and endorsements. From big wigs such as Terrence The Creative to Bahati and Diana to Awinja, to Mulamwa, to Flacqo, Crazy Kennar, to mid-tier content creators, to communal ones, it looks like another star is born every few months.

    Many of these stars make content that would not pass muster in the traditional media. Still, they are being embraced by various brands, eating into a chunk of conventional media profits. The press can neither afford them nor are the older men at the helm keen to see how they can work with the content creators. Even so, the younger content creators no longer need the mainstream media, and if anything, the mainstream media now has to chase them to eat part of their clout and get hits from the interviews and scandals of these celebrities.

    Some online celebrities and content creators have created ecosystems on YouTube, Instagram, and other channels where they broadcast their activities independently without needing legacy media. Singer and controversial online personality Akothe’s wedding in 2023 was an entirely social media phenomenon.

    Comedian Eric Omondi, rapper KRG-The-Don, and people like YouTuber Eve Mungai have reinvented the tabloid and shaken the mainstream media.

    So, what can the mainstream media do to get back to profitability?

    Check the second part of this newsletter next week.

    The writer is an author and columnist.

  • Ethiopia and Somaliland: A Deal with Domino Effects

    Ethiopia and Somaliland: A Deal with Domino Effects

    (Essayias Lesanu)

    Ethiopia’s recent agreement with the unrecognized state of Somaliland, granting it access to the Red Sea, is a move that has raised eyebrows across the international community. This controversial decision by Prime Minister Abiy Ahmed’s government, however, is just the tip of the iceberg in a series of domestic and economic crises plaguing Ethiopia.

    Domestically, the Abiy regime has been accused of exacerbating ethnic tensions, particularly targeting the Amhara community and other ethnic groups. Reports of human rights abuses and ethnic violence have marred Ethiopia’s international image and raised questions about the government’s commitment to a cohesive, peaceful, and inclusive national identity. This internal unrest not only destabilizes the nation but also undermines its social fabric, further complicating the task of nation-building. This move by the Abiy regime can be interpreted as an attempt to shift focus from domestic issues. Ethiopia is currently grappling with internal conflicts and economic challenges, including human rights allegations in Amhara and Tigray and a recent default on its debts. By engaging in this agreement, the Ethiopian government seems to be diverting public and international attention away from these pressing issues.

    The economic situation in Ethiopia is equally alarming. The country is currently in a state of default on its debts, a situation that reflects deep-seated economic challenges. The Ethiopian currency, the Birr, is facing the threat of devaluation amidst skyrocketing inflation rates. Such economic turmoil not only affects the day-to-day lives of Ethiopians but also casts doubt on the nation’s ability to meet its international obligations and maintain economic stability.

    Additionally, the Ethiopian economy’s heavy dependence on foreign aid and donations adds another layer of vulnerability. With the international community increasingly concerned about the government’s human rights record and its handling of internal conflicts, there is a real risk that this vital lifeline could diminish. This would further exacerbate the economic crisis, leading to a vicious cycle of poverty and instability.

    The decision to engage with Somaliland must be viewed within this broader context. While seeking access to the Red Sea is a strategic economic move for landlocked Ethiopia, aligning with an entity unrecognized by the international community adds to the nation’s growing list of geopolitical missteps. This not only provokes neighboring countries, particularly Somalia, but also risks alienating key international partners who are crucial for Ethiopia’s economic survival.

    Furthermore, aligning with Somaliland could be seen as Ethiopia implicitly supporting its claim of independence, a stance that directly challenges Somalia’s territorial integrity. Somalia, which views Somaliland as part of its sovereign territory, has reacted strongly against this agreement. This has the potential to escalate tensions between Ethiopia and Somalia, and could even draw in other regional players, increasing the risk of a wider conflict.

    The potential fallout from this agreement extends beyond diplomatic relations. The heightened tension could scare away foreign investors, wary of instability and unpredictability in the region. For Ethiopia, which is in dire need of foreign investment for its economic growth and development, this is a counterproductive outcome.

    Moreover, the possibility of a regional conflict, with countries like Eritrea possibly supporting Somalia against Somaliland and Ethiopia, adds to the already complex and volatile situation in the Horn of Africa. Such a conflict could have disastrous consequences, further destabilizing the region and leading to a humanitarian crisis.

    In conclusion, Ethiopia’s agreement with Somaliland, viewed against the backdrop of domestic ethnic strife, human rights concerns, and a precarious economic situation, reflects a risky gamble by the Abiy Ahmed regime. While the quest for Red Sea access is understandable, the method and timing raise serious questions about the government’s priorities and its understanding of regional dynamics. This move could exacerbate Ethiopia’s challenges, both domestically and internationally, potentially leading to further isolation, economic hardship, and instability. The government’s focus should instead be on addressing its internal issues, stabilizing the economy, and fostering a more inclusive and peaceful national environment.

    (The author can be contacted for further comments or inquiries :  [email protected])

    Opinion are author’s own.

  • Effective Private Practice: Tips For Young Lawyers

    Effective Private Practice: Tips For Young Lawyers

    Private legal practice is a dynamic and challenging field, where lawyers operate as independent practitioners or within law firms to provide legal services to clients. Success in private legal practice especially for young lawyers requires a combination of legal expertise, business acumen, and effective client management. This article explores the key factors that contribute to effective private legal practice, from building a strong client base to maintaining ethical standards.

    Building a Strong Foundation: The foundation of any successful private legal practice begins with education, training, and gaining practical experience. Lawyers must graduate from law school, pass the bar exam, and often work as associates in established law firms to gain valuable experience before considering private practice. Specialization and Expertise: One effective strategy in privatelegalpracticeistospecializeinaparticulararea of law. Becoming an expert in a niche area not only allows lawyers to command higher fees but also positions them as valuable resources for clients seeking specialized legal advice.

    Effective Client Management: Managing client relationships is crucial for success in private legal practice.

    •Communication: Establish clear lines of communication and provide regular updates to clients.

    •Expectations: Manage client expectations and explain legal processes and potential outcomes.

    •Transparency: Maintain transparency regarding fees, billing, and case progress.

    Success in private legal practice goes beyond courtroom victories; it involves a strategic blend of legal expertise, client-focused service, and effective business strategies. By implementing these key strategies, private practitioners can not only survive but thrive in the competitive legal landscape, building enduring relationships with clients and establishing a strong presence in their chosen field of law.

    Marketing and Networking: Successful private practitioners understand the importance of marketing and networking:

    •Online Presence: Maintain a professional website and use digital marketing to reach potential clients.

    •Networking: Build relationships with other professionals, such as other lawyers, judges, and industry experts.

    •Referrals: Encourage satisfied clients to refer others to your practice.

    Efficient Time Management :Time is a precious commodity in private legal practice. Lawyers must allocate their time efficiently:

    •Prioritization: Focus on high-value tasks and delegate routine work to support staff. Effective.

    •Tools: Utilize legal software and technology to streamline processes and save time.

    Financial Management:Private legal practice involves managing finances effectively:

    •Budgeting: Create a budget for operating expenses, marketing, and staff salaries.

    •Billing: Implement transparent billing practices and promptly invoice clients.

    Savings: Set aside funds for unexpected expenses and save for future investments or expansion.

    Ethical Standards and Professionalism: Maintaining the highest ethical standards is paramount in private legal practice:

    •Confidentiality: Safeguard client information and maintain confidentiality.

    •Professional Conduct: Uphold ethical standards and comply with legal regulations.

    •Conflict of Interest: Avoid conflicts of interest and disclose potential conflicts to clients.

    Continuing Education: The legal landscape is continually evolving. Lawyers must commit to lifelong learning:

    •Continuing Legal Education (CLE): Attend CLE courses to stay updated on changes in the law.

    •Legal Research: Stay current with legal research and emerging legal trends.

    Client Retention and Satisfaction: Satisfying clients and retaining their business is essential for long-term success:

    •Quality Service: Provide excellent legal services and exceed client expectations.

    •Feedback: Encourage client feedback and use it to improve services.

    Adapting to Market Trends

    The legal industry is not static. Lawyers must adapt to market trends and changing client needs:

    •Technology: Embrace legal tech tools for research, document management, and communication.

    •Alternative Billing Models: Consider alternative fee structures, such as flat fees or subscription-based services.

  • Why corruption is not the bad word it used to be

    Why corruption is not the bad word it used to be

    A few days ago, some members of the troubled Metropolitan National Sacco, formerly Kiambu Teachers Sacco, petitioned the government to investigate SASRA CEO Peter Njuguna for fraud. They want him fired or suspended so that the Director of Criminal Investigations can determine the extent of the corruption cartel within SASRA, the Sacco Societies Regulatory Authority.

    This follows a couple of incidents that are just the tip of the iceberg of the rot within the cooperative sector. Among the issues is the fact that Peter Njuguna, as CEO and also in his former capacity as SASRA Manager Supervision of Saccos, has failed in his duty. The case alleges that his job has been to run a cartel of corrupt Sacco officials with whom he has embezzled millions of shillings of member funds and is extorting Saccos applying for a new license, looking to renew their licenses, or even those looking to be listed within the top rankings of SACCO listings!

    An audit of the state of Saccos shows that the victims are many, and more will soon emerge because the rot is deep and systemic. In fact, the audit report was so bad that Sacco members in Kenya need to brace themselves for a crisis that will leave them with bad loans and prevent them from withdrawing their deposits!

    However, this is not news. It cannot even be reported because it is not yet interesting enough for two main reasons. One is that, compared to other scandals, the theft of a couple of millions from different Saccos is not big enough to warrant headline news. That is why today, we have kind of forgotten a small article that appeared somewhere showing members of Metropolitan SACCO protesting the loss of 703 million shillings and other assets because, outside their friends and families, nobody seems to care.

    We cannot blame Kenyans for not caring. We can’t even blame the media for not caring, investigating, or lighting the fire under Peter Njuguna’s feet for his alleged crimes. This is not a news item any more. For nearly a year now, on a nearly weekly basis, and for sure, month after month, we have been reading similar stories of schemes, fraud, and mismanagement. It is not a complete news story if there is no story of someone who somehow did something or refused to do something so that some money got lost from this public institution and that other agency. 

    We are desensitized. There is no shock factor, and frankly, who wants to read of these miseries when we have also been victims of the same crimes? Some will even go to ask why we need to glorify these criminal elements by giving them a face and name when we all know they end up nowhere. 

    After all, just looking at the theft, looting, and extortion that have taken place within the last ten years, we know how the story goes. We know that nothing comes out of exposing officials from state ministries, departments, agencies, and other public institutions that are looting taxpayer money. This has become so normal that it would make no news if we could go a week without a new scoop on a corrupt official. In fact, it would be breaking news if Kenya went a day without someone defrauding the public!

    The difference, at least for the past year, is how these scandals are being conducted. Previously, we would get the main guy implicated in the scheme. Whether it was the NYS scandal, which had the honour of having two females as the main characters, or the classic Goldenberg, where the villain turned to God and repented, earning an early jail release, there was always a main character. The villain. The anti-hero was the criminal mastermind corrupting innocent bystanders’ who were outwitted to carry sacks or cash or move other documents to facilitate the crime. In other words, you could pull the thread from the institution’s banking system to the beneficiary.

    Things have changed, particularly under the Ruto regime.

    Nowadays, there don’t seem to be unwitting salon owners, guards, or secretaries duped into doing the dirty work on behalf of their trusted boss or former friend, now elevated into a political or government position. That is so elementary and, to be honest, carries a significant risk because the majority of the poor still suffer from nagging consciences that might lead them to speak or, worse yet, testify before some parliamentary committee. Not to mention the police have no problem squeezing the poor until they squeal like the rats they are.

    It is not a risk worth taking. Not when you can do it in a sophisticated manner: a scheme among peers. In legal terms, it is called a conspiracy. In politically correct terms, it is called a collision in the red-carpeted halls of our public institutions; it is called a deal. Depending on the audience they want to appeal to, our local media frames it as either an inspiration or a scandal for the public’s entertainment. In documentaries, they call it a cartel. It’s fancy, but the truest definition is in a video where the drama is limited but speakers, witnesses, and victims have words aplenty.

    Foreign powers, donors, and some old-school Kenyans call it corruption. It is a word we have heard for over thirty, forty, hey, maybe even fifty years, and anyone who has ever been linked with the word is now super rich and super okay. However, when the word is used in today’s vernacular and setting, it does not register as a bad word. It is a good word; it is not a bad word because it depends.

    It used to be a bad word when one guy seemed to be getting away with billions of shillings or even millions—although considering the exchange rate, we can literally convert those into millions—of stollen money. It was corruption because some guy would corrupt some innocent secretary, and an accountant or semi-literate government clerk with tears streaming down their backs signed a document the big boss had called him to his office to sign. It was a knowledgeable guy, the person in a position of power and respect dirtying the system. Defiling it in order to enrich himself. Or herself.

    Today, there are no sweaty clerks signing documents. These are not even in document form because they are deals. That is why they are legal conspiracies—something where many people, aware they are perverting justice and the system, choose to do it—one of the most impossible legal cases to make. These deals are made in big hotels, and they are so clever that they are part of the system. They are not something you can pin down, and they are often seen after the fact. Months, or even a year after the money has been stollen and utilized—converted into houses, cars, foreign trips, and school fees in private international universities—there is a third mistress, and that is just for the main guys.

    In Peter Njuguna’s case, the reports show that there is no money to find because his money was handled in a literal conspiracy that started long before he was the CEO. It is alleged that he colluded with corrupt SACCO directors and officials to steal money from the Saccos. The money was stollen through a number of seemingly legal ways that could never be dictated until proper audits were done and also, possibly, until those directors left the institution.

    Take the false construction of housing development projects, or even the allegation that the SACCO was rebranded without the approval of the members. A simple conspiracy between the SACCO leaderships—the officials and directors—who had power to transfer funds and approve projects simply found the main guy, their boss at SASRA, and made a deal to get rich. The reason they needed Njuguna was simple: they could not steal from the members without the approval of the directors and the officials.  

    They needed SASRA to approve their crimes because, otherwise, the regulatory authority would have flagged them for their theft and mismanagement of members’ funds. And SASRA needed to approve their crimes—that was the deal. For Peter Njuguna to look the other way and for the officials and directors to pay him off for not looking, reporting, or flagging their crimes. In other words, he got paid and was super rich for doing nothing.

    And boy, was he paid. In fact, he was so paid that he got promoted from being the supervision manager to full CEO. Chief Executive Officer. Now, the guy who does nothing—the person who was getting paid to look away—had executive powers. It means he could expand his extortion deals from just looking away to looking! I hear they have expanded into extorting SACCOs for their license fees.

    Right now, if you want to get a SACCO registered, you have SASRA under Peter Njuguna, who will not look away. They will look in and look deep. Actually, if you want a Sacco, right now, you don’t need to even qualify. Because they look away from useless things like regulations and performance, for about 100 million shillings, you can get an operator license from SASRA. Reports say that one, not so qualified Sacco was asked to pay 50 million shillings, but paid 30 million shillings. They did not get their license because that 50 million is non-negotiable. Afterall, everybody knows there will be no Sacco-ing taking place. Everyone is out to make a big pay day the moment they embezzle enough!

    Nobody is spared from the extortion. Even the good ones have to pay. A small would-be Sacco that has done everything and all things and paid their dues and taken the managers for lunch and paid per diem is still expected to pay from three to five million shillings to get your operator license. Existing Saccos, the big guys on the block are also on the hook. If, for example, you want to be listed in the top rankings, you must pay SASRA for the honour or you will be thrown so far down your members will evaporate in a day!

    Yeah. This thing is deep, it is impossibly clever and so intricate that resolving this would require possibly firing the whole team at SASRA and re-hiring on an elimination method because the corruption and extortion are so ingrained that it is a monster of an institution with no other role but to bleed Kenyans dry.

    Unfortunately, nobody will do this. As it happens, Kenyans have been protesting and voicing their concerns against Peter Njuguna and the SASRA monster for some time now. Letter shave been written to the Commissioner of Cooperative Development and Peter Njuguna has been reported to the Director of Criminal Investigations for, well, criminals of theft and conspiracy and all that criminal stuff. Guess what? Nothing has happened. Nobody has been removed from their office, even on a temporary basis, and the government is silent on the matter.

    If you wondering why even Principal Secretary or other officers from the national government who are responsible for the sector are silent, you must be new or new or new or never have been to Kenya and read about these things before. In fact, I bet you just scrolled down your screen or were deposited here from a search link of Patrick Kilemi, the Principal Secretary. Welcome.

    Welcome to Kenya and the Kenya of 2023 where the word corruption is normal. Where stealing millions of shillings is not a shock and where nothing can be done to those who steal or mismanage or mishandle or whatever other fancy word, they use to not say the word steal because that way, we can also report that the money was ‘lost’ or worse, it is missing.

    Never stollen. Because if we said it was stollen, then it would mean that the Director of Criminal Investigation who is aware of this case would have to take action. And how do you take action on such an intricate conspiracy? Collusion? How do you bring cohorts and cartels to justice? Going by past experience, we can only assume that the impossible task of unravelling a crime is beyond the capabilities of the DCI. After all, if they have not managed to prosecute anyone—or keep them in jail long enough to pay for their crimes—in the good old days of simple corruption, how can we expect them to do anything in these days of sophisticated deals and schemes and cartel bosses who conduct their business in broad day light and invite the DCI investigators into their Runda homes to give their statements of the alleged crimes?

    Find copy of the petition by Kenya Human Rights below:

  • Meet Peter Njuguna, the man killing the hustler dream in Kenya

    Meet Peter Njuguna, the man killing the hustler dream in Kenya

    Alright. I give up. I lay down my weapons and kick my boots into the floor because this is too much and too bad to be a coincidence. And if I am wrong, unwrong me because my life is a lie, and apparently, my understanding of the word hustler has been wrong all along. 

    When President Dr. William Ruto called us hustlers, I thought it was ”us’—the collective majority of Kenyans struggling to make ends meet. Us, those who are hustling. People who are trying to make ends meet by doing this thing and that thing, like trying to do the boda business while keeping chickens and seeing if we can invest with that guy with the pig farm, because that is what hustlers do. 

    Whether you voted for him or not, I think we were all in agreement that this was the meaning of the word hustler. After all, there was the other word, and we are definitely not that. However, it seems this was more in my mind than in practice because the people hustling nowadays are not hustlers. They are something else, and that thing is not hustling. It is worse.

    And just so we are clear, I don’t mind being called a hustler. I am a hustler. I am here, I am there, and I am doing an honest job, trying to make it out of the hustle. I have plans, I have motivations, and I have words, affirmations, and prayers to back those plans and protect those motivations. I am okay being a hustler because, according to the big man’s message, hustling ends well and we should hustle until it is over. 

    However, recent events have soured me on the whole hustler business. Not because of what I am doing, but because hustling does not seem to pay, or rather, it seems like we are cursed to keep hustling because someone somewhere has decided to feed off the fruits of hustlers in Kenya. It appears that no matter how much we hustle, someone has rigged the game so that they can outhustle the hustler by doing nothing. That is not hustling. That is theft. Stealing. Extortion so that they can suckle on the sweat of the hustler, and we, the real hustler, are left high and dry as they drive off into the sunset.

    And guess who is blocking this road? I dare you; I double dare you to guess the person and the name before I say it because once I say it, you will smack your face at not saying it. Say it! Okay, here it goes. The guy is called Peter Njuguna. Google him. He is in the news; of course, he is in the news because anyone with the guts to just sit by and take without lifting a finger seems to be someone big enough and high enough in power to be in the news! And guess what? You likely disregarded the story because others were screaming, crying, and protesting when it was reported, and you did not want that because you were too busy hustling!

    I will tell you about mine if you tell me about yours.

    Mine is called Peter Njuguna.

    Peter Njuguna is the CEO of SASRA. SASRA, for those not in the know, is the four-, um, five-letter word we use to refer to the Sacco Societies Regulatory Authority. When I was writing this piece, I asked one of the veteran journalists about SASRA, and his response was that SASRA has become an animal. Like me, he had heard the rumors and had read the Metropolitan SACCO mess, and he was worried that the nastiness and character of Mr. Peter Njuguna had spread across the entire organization. And knowing what we know about fish—rotting from the head and whatnot—that was not a far-flung conclusion.

    Anyway, who is this Peter Njuguna, and why is he rotting the animal? Also, why and how? Well, first things first. Peter Njuguna is the current CEO of SASRA. But before he was the CEO, he was the supervision manager of SASRA. He was the guy in charge of monitoring and evaluating the performance of deposit-taking Saccos so they could not fleece their members. I swear, I am not making this up.

    Reports say that Peter Njuguna was also a talker. When he was the supervision manager, he talked about how some of the ‘big’ Saccos were going to see red soon. Red is not a good thing in finance. It means financial death. Why he talked, I will never know. I guess it is the same reason why serial killers, art thieves, and people who operate outside the right path do. 

    I think any master criminal feels compelled to sign their work. After all, how else will we see their genius? It is not like they can make a CV of their activities, so they talk or creatively sign their work. Anyway, Peter Njuguna talked. He bragged that he was working with a number of like-minded managers and directors of those Saccos on a side deal. A hustle, if you will. 

    We now know what the deal was because, thanks to those corrupt managers and directors working in cohorts with the supervision manager of SASRA, more than 75,000 members of one of the big Saccos in Kenya were denied access to loan facilities and their dividends!

    In other words, the CEO of SASRA, the guy charged with protecting members from being eaten by corrupt, criminal SACCO officials, has been collaborating with the criminal elements. The man whose work it was to ensure there were strong guardians preventing the foxes from entering the henhouse literally opened the gate and set the predators to take as much from the nest eggs as they could!

    Under his watch, innocent Kenyans, assured of the stability and correctness of the ‘regulated’ SACCO, invested their money in that SACCO. Those members are now crying salty tears, unable to afford a good handkerchief to wipe away the pain of losing more than 703 million shillings. It is gone, and it cannot be accounted for. Their money is suspended, and their SACCO is also in debt. Yeah, sorry but not sorry!

    Well, it can somehow be accounted for when you do the math. This is not the mathematics of the books, because if the mathematics occurred during these schemes, then the mathematics would fail. However, if you take away the mathematics hat and put on your physics hat, you will realize that nothing is ever lost. 

    Under this rule, we can fully solve the SACCO mathematics according to Peter Njuguna and his cohorts. All you have to do is sum up the totla from the five-bedroom houses in Keleleshwa and the many parcels of land in prime locations worth millions of shillings Peter Njuguna owns plus the money, accounts, and expenses of the corrupt SACCO officials, and there is the amount looted from the former Kiambu teachers Sacco and others.

    Yeah, we will also use the law of logic, which says nobody loots that much without having done it before and made a couple of tries because of logic and confidence and muscle to do the creative math to make millions disappear only comes with experience!

    I just can’t. Not anymore. Not when I know that, despite these clear trails of evidence and talks and whispers and public cries and protests, even the criminal case that was filled with the Director of Criminal Investigations has led to nothing. And when I say nothing, I mean nothing. Today, those Sacco members and other silent victims are suffering while the former officials and former supervision manager roam free, richer, and with mathematically creative bank accounts and assets that can only be solved with the help of physics. And a criminal mind!

    And don’t think the government—the one under the whole hustler narrative—will help you. Seriously, this issue was also referred to the ‘boss’ government agency and put to the attention of the Commissioner for Cooperative Development for redress. To this day, the Commissioner has not even issued a public notice to caution Sacco members and put officials on notice. It is as if we are all alone. Nobody can help us. Nobody.

    Which brings me to the death of the hustler dream!

    Remember what I told you about the pig farming and other side hustles that looked like they were becoming something? Well, you can forget about those plans because if Peter Njuguna could oversee such mess and corruption as the supervision manager, what do you think he is overseeing right now that he is the boss? What schemes and conspiracies can the boss do? What are the limits? Who can stop him?

    Well, the reason I know about this guy is because I too was hustling around, and in my hustle, I came across fellow hustlers who also had a dream, and then the cost of living and lack of dynasty money meant that we had to hustle together. It is called being collective. It is cooperation. It is the backbone of this economy. It is the mathematics of multiplication in that 2×2=4 while anything multiplied by 1, meaning me and me along will always be equal to 1.

    So, we multiplied and decided to open our own Sacco. Simple. Normal. Hashtag goals, hashtag multiplier effect So we collected our money, and since it was not enough, we decided to obtain an operator license from SASRA so we could bring in even more people to build our equity. 

    Unfortunately, our journey was cut short when we were informed that all prospective SACCOs must give the CEO and his people an envelope of no less than KES 5 million. Yeah, this is money outside the norm. Legal fees to the government. And this was a good offer because some prospective Saccos have been forced to pay something like KES 7 million. Especially those with corporate backing. However, if you are poor and rural and from those counties, you can give a bargain envelope of, like, KES 3.5 million! 

    And while you are over there appreciating just how caring and economically-minded these government extortionists can be, I need to say something nasty. I feel I am entitled to say something nasty because I am bitter and angry and sad and vengeful and so tired. These actions by the new boss are what the kids call grooming. It is what paedophiles do to young children so they can desensitize them to their perversions later on. Like crossing their boundaries until the kids can no longer tell the distance. It is a psychological practice where, if you get them young and train them, they will not scream or protest too loudly when you begin abusing them! 

    Yeah, Mr. Peter Njuguna, knowing there are limits to the existing members, is leading an institution to groom any potential SACCOs to their extortion ways. SASRA officials are demanding Saccos applicants pay him lots of money to get anything done or else. From the get-go, they will know that extortion is part of the service, and nobody will cry out loud when they are forced to pay to be ranked or credited because they have been groomed and compromised from the start.

    Clever!

    So, this is where I give up. How can I hustle if even the hustle game is rigged to be a rat race with no end? It appears the only way to win in the hustle game is if you are already big or well positioned—appointed to help the hustlers. And it appears that nobody is going to help because these extortionists are so clever with their creative mathematics and accounting that they can only be solved using relative physics theories. How can we outfox these corrupt officials in power? How can innocent, simple Kenyans hope to compete against such greed and corruption that the system is rigged to be corrupt from the first step? 

    If the authority charged with protecting the littlest of us is riddled with corrupt, greedy officials who steal from our very mouths, then what are we doing? What can we do under these impossible conditions?

    And if another person says the courts will handle it or that this is the hustler economy, I will throw a scream on their faces so loudly because we are also Kenyans. We have grown through collective action, and 1 times 1 is always one. We must multiply to grow!

    Somebody tell me once again how a small person like me is meant to advance if all the paths for advancing are blocked. Taxes are high, inflation is over the roof, and the shilling is devalued, making imports for trade impossible. But even in the worst of times, SACCOs were our safe spaces. By coming together, we could do anything. This was the Kenyan spirit. This was the hustle that has built buildings, put food on our tables, and provided the money that took us to school and financed our public transport! 

    Our collective action was supposed to lead to something. It provided refuge and support even when the government failed. But if they take these away, we will become beggars in our countries, and those people will win. Somebody, anybody, please make it stop

  • As we Mark Katiba Day, Government should do more to Eliminate Unsafe Abortion and Human rights Violations

    As we Mark Katiba Day, Government should do more to Eliminate Unsafe Abortion and Human rights Violations

    Thirteen years on since the promulgation of the Constitution of Kenya, 2010, more needs to be done to ensure we safeguard the rights of young people on access to Sexual reproductive health and rights, safe and legal abortion and general human rights aspects as enshrined within our Constitution.

    13 years after the country adopted the new progressive constitution, Implementation of Articles touching on Health, Sexual reproductive health and rights, human rights, GBV and Gender equity have been on a slow mode owing to misinformation, anti – rights groups, lack of implementation of court decisions as well as heavy religious and cultural reasons that continues to slow down the progress of access, provision and uptake of very fundamental information, services for the adolescents, young people in all their diversities.

    MP George Peter Kaluma continues to promote his Anti – LGBTQ+ bill that will see to it that access to information including services to some groups of people including adolescents is banned. As we continue to burry our heads in the sand, The National Syndemic Diseases Control Council, formerly NACC Kenya, days that in every week 99 adolescents and young people are infected with HIV. Adolescents and Teenage Pregnancies continue to shoot up. Every Kenyan needs access to information held by the state. The Right to equal protection, freedom and non-discrimination for all Kenyans in Article 27 is assaulted every time a queer Kenyan is attacked

    Access to accurate and age-appropriate Sexual and Reproductive Health Rights information, Kenya is a state party to various international and regional human instruments that guarantee the right to sexual reproductive health services and information. Article 35 (1-3) of the Kenyan Constitution, 2010 states that (1) Every citizen has the right of access to (a) information held by the state: and (b) information held by another person required for the exercise or protection of any right or fundamental freedom. This therefore, emphasizes on the right to access accurate, timely age-appropriate sexual reproductive health rights information to increase knowledge success among adolescent girls and young women. Comprehensive Sex and Sexuality education is important, it supports young people to make informed decisions on their social and health lives at present and even in the future.

    Unsafe Abortion remains one of the leading causes of maternal mortality and mobility in the country. We therefore can not talk of beyond zero maternal mortality unless we focus on implementing Article 26 (4). Article 26 (4) provides that Abortion is permitted if, in the opinion of a trained health professional, there is need for emergency treatment or the life or health of the mother is in danger, of if permitted by any other written law. The government is at fault in dragging its feet in implementing this section of the law on the matter which led to more women procuring unsafe abortions. When we fail to implement article 26 (4) of the Constitution we are actually condemning poor women and girls to quacks and to DEATH by unsafe abortion.  On Abortion, the Parliament and the Ministry of Health should fast track the enactment of legislation that will provide clear standards and guidelines on abortion as a sign of commitment to reduce unsafe abortion. If we continue to do nothing we will continue to loose approximately 7 young girls and women every day in the next 10 years. These are preventable deaths. We are refusing to take action.

    As we mark the 13th Anniversary of the 2010 Constitution, Katiba Day, If I were to rate the government, I would give them a minus 5, because there is no value when women’s lives are lost. The government must do more to implement the Bill of Rights in order to ensure no woman dies because of unsafe abortion. This further includes giving life to the many clauses that support the provision, access and uptake that still require policies and guidelines to be operationalized. Through the line ministries like Health, gender and public services, enacting and reinstating dormant laws, policies and guidelines to ensure the realization of the fundamental freedoms promised in the constitution.

    Alvin Mwangi

    Youth

    Twitter: @alvinmwangi254

    Nairobi, Kenya

  • Cyprine Omogi: Training Institutions & Building a Corruption-Free Society

    Cyprine Omogi: Training Institutions & Building a Corruption-Free Society

    Training institutions play a vital role in equipping individuals with the knowledge, skills, and attitudes necessary to combat corruption effectively.

    Corruption poses a significant threat to the functioning of both public and private sectors, and comprehensive training is essential to raise awareness, prevent corrupt practices, and foster a culture of integrity.

    By providing education on the nature of corruption, legal frameworks, ethical standards, and strategies for prevention, training institutions empower personnel to make informed decisions and contribute to a corruption-free society.

    Cyprine Omogi
    Courtesy

    Cyprine Omogi: Understanding Corruption and its Implications

    Corruption, as defined by the World Bank, refers to the abuse of power for personal gain or the benefit of a particular group.

    It manifests in various forms such as extortive, transactive, investive, and collusive corruption, affecting different sectors within an organization.

    Training on corruption helps individuals grasp the nuances of these corrupt practices, enabling them to identify and address potential issues before they escalate.

    Promoting Ethical Behavior and Integrity

    The integrity of personnel is of paramount importance in preventing corruption. As renowned businessman Warren Buffet suggests, integrity is a critical trait to look for when employing individuals.

    Training institutions instill a strong sense of ethical behavior, emphasizing the importance of aligning personal desires with organizational interests.

    By understanding the Leadership and Integrity Act 2012, code of conduct and ethics, and other relevant laws and policies, individuals learn to navigate conflicts of interest, adhere to gift thresholds, and maintain the highest standards of professionalism.

    Preventing Corruption and Ensuring Efficiency

    Corruption has far-reaching consequences, affecting social, economic, and political aspects of society. It thrives when individuals lack proper training or succumb to greed.

    Effective training equips personnel with tools and strategies to prevent corruption, ensure the efficient utilization of resources, promote creativity and innovativeness, and improve overall organizational performance.

    By fostering a culture of transparency and accountability, training institutions contribute to the long-term success and sustainability of public and private sector organizations.

    Cyprine Omogi
    Image: AACI

    Cyprine Omogi: The Role of Training Institutions

    Training institutions, such as the Ethics and Anti-Corruption Commission’s Directorate of Preventive Services Education Department, play a crucial role in combating corruption in both the public and private sectors.

    Through their programs, they provide comprehensive training to individuals, enhancing their understanding of corruption, its consequences, and the legal framework in place to prevent it.

    By targeting both new recruits and experienced personnel, these institutions ensure that organizations continue to operate efficiently and effectively, even after the retirement of key leaders.

    This article reflects the opinions of Cyprine Omogi, the Education Officer at the Ethics and Anti-Corruption Commission in Kenya. Omogi is known for being a strong advocate for transparency and the establishment of a society free from corruption.

     

  • Kenya’s War on Corruption: Impact of Regime Change and the Promising Path Ahead

    Kenya’s War on Corruption: Impact of Regime Change and the Promising Path Ahead

    Corruption has long plagued Kenya, hindering its development and undermining public trust in governance. Over the years, different regimes have come into power, each with varying approaches to tackling corruption.

    This article explores the impact of regime change on Kenya’s war on corruption, highlighting notable achievements under former Presidents, Mwai Kibaki, Uhuru Kenyatta and the current president, Dr. William Ruto.

    It is also examining the efforts of the Ethics and Anti-Corruption Commission (EACC) in curbing graft, particularly in state agencies like the Kenya Medical Supplies Authority (KEMSA), Kenya Ports Authority (KPA), and more.

    Furthermore, we delve into the EACC’s strategic plans under the new chairmanship of Bishop David Oginde and shed light on Kenya’s global, continental, and regional rankings concerning corruption. Lastly, we discuss the EACC’s accomplishments under the new government led by President William Ruto.

    Kenya’s War on Corruption: Kibaki Era strengthened institutions and unveiling anti-corruption measures

    Under President Mwai Kibaki’s tenure (2002-2013), Kenya witnessed significant strides in combating corruption. Kibaki prioritized the establishment of strong institutions and enacted key legislation, such as the Ethics and Anti-Corruption Commission Act of 2011, to empower the EACC.

    During this period, Kenya ranked 139th out of 176 countries on Transparency International’s Corruption Perceptions Index (CPI) in 2012, a marked improvement from its ranking of 144th in 2003.

    Kibaki’s administration notably launched high-profile anti-corruption campaigns, resulting in the conviction of several prominent individuals involved in corruption scandals. Notable achievements include the arrest and prosecution of individuals linked to the Anglo Leasing scandal, Goldenberg scandal, and the National Youth Service scandal.

    The Uhuru Kenyatta Era: Renewed Commitment and Expanded Scope

    President Uhuru Kenyatta, who took office in 2013, continued the fight against corruption, renewing the government’s commitment to accountability and transparency.

    Recognizing the need to address graft comprehensively, Kenyatta broadened the scope of anti-corruption efforts to target not only individuals but also institutions facilitating corruption.

    Under Kenyatta’s leadership, Kenya witnessed the intensified scrutiny of state agencies, including KEMSA and KPA.

    The EACC, with its increased powers and resources, played a vital role in investigating and prosecuting corrupt officials and individuals. In 2020, Kenya ranked 124th out of 180 countries on the CPI, reflecting modest progress compared to previous years.

    Kenya’s War on Corruption: The Role of the Ethics and Anti-Corruption Commission (EACC)

    The EACC serves as Kenya’s primary anti-corruption agency, responsible for preventing, investigating, and prosecuting corruption cases. It collaborates with other law enforcement agencies and the judiciary to ensure accountability and transparency in public service.

    To curb graft in state agencies like KEMSA and KPA, the EACC has focused on proactive measures, including capacity building, training, and awareness campaigns for public officials.

    The EACC has implemented systems to enhance financial and procurement controls, strengthen ethics and integrity frameworks, and promote whistle-blower protection.

    Kenya's War on Corruption
    President William Ruto and EACC Chairman David Oginde [p/courtesy]
    New Chairmanship: Bishop David Oginde’s Vision

    Under the new chairmanship of Bishop David Oginde, the EACC aims to elevate its anti-corruption efforts to new heights.

    Bishop Oginde brings a fresh perspective and emphasizes the importance of ethics, moral values, and public participation in the fight against corruption.

    Bishop Oginde’s strategic plan for the EACC involves fostering a culture of integrity, enhancing investigative capabilities, promoting transparency, and engaging the public through robust anti-corruption education and awareness campaigns.

    By fostering partnerships with civil society, media, and international organizations, the EACC seeks to create a united front against corruption in Kenya.

    Kenya’s Global, Continental, and Regional Rankings

    Kenya's War on Corruption
    Image: Screenshot

     

    Despite the progress made, Kenya still faces challenges in combating corruption. According to the 2021 CPI, Kenya ranked 165th out of 180 countries, indicating a decline compared to previous years.

    However, it’s worth noting that the CPI rankings should be viewed as an indicator rather than a comprehensive assessment of a country’s anti-corruption efforts.

    In Africa, Kenya ranks among the middle tier of countries regarding corruption, with some countries performing better and others worse.

    Within the East African region, Kenya’s commitment to fighting corruption has positioned it as a leader, with ongoing collaborations to share best practices and strengthen regional anti-corruption frameworks.

    Kenya’s War on Corruption: The EACC’s Achievements under President William Ruto

    With the recent change in government under President William Ruto, the EACC’s role and achievements in the fight against corruption are yet to unfold fully.

    The Ruto administration is expected to build upon previous efforts and reaffirm its commitment to transparency, accountability, and integrity.

    This article represents the viewpoints of Cyprine Omogi, who serves as the Education Officer at the Ethics and Anti-Corruption Commission in Kenya. Omogi is known for being a strong advocate for transparency and the establishment of a society free from corruption.

     

     

  • The Art Of Effective Time Management For Busy Professionals

    The Art Of Effective Time Management For Busy Professionals

    Time is of great value in today’s fast-paced world, especially for the working class or professionals. These people juggle multiple tasks, deadlines, and responsibilities daily, leaving no time to pursue other activities and hobbies.

    But people must also find time to breathe, pamper themselves, and enjoy life. They should be able to dedicate time to leisure activities like board games, their favorite sport, video games, and even online sports betting. Good thing,  the best mobile apps for sports betting in Kenya are here to serve as entertainment for working individuals.

    Other convenient apps can also be installed on your smartphone to help you manage your schedule daily and find time to rest. But before you try them out, you must learn to manage time effectively when busy.

    Prioritize Tasks

    The first step in effective time management is identifying and prioritizing tasks. Make a to-do list of accomplishments at the start of each day or week. Then, assign a priority level to each task based on urgency and importance. By prioritizing tasks, you can organize your workload and focus on high-priority activities first, completing critical tasks on time.

    Set SMART Goals

    The SMART goal-setting method is also an efficient way to manage your time wisely. This goal is Specific, Measurable, Achievable, Relevant, and Time-bound. Tailor your to-do lists and goals in this framework by breaking down larger goals into smaller, manageable tasks. After that, allocate specific timeframes for completion and strictly follow them.

    With the help of the SMART approach, you can have clarity, motivation, and a sense of accomplishment as you progress toward your goals without losing track of your time.

    Avoid Multitasking

    Multitasking can help you quickly cross out more tasks on your to-do list. But, instead of improving productivity, multitasking often leads to divided attention and reduced focus. To maximize efficiency, concentrate on one task at a time, complete it, and then move on to the next. This workflow allows you to focus more on each task and produce high-quality work.

    Eliminate Time-Wasting Activities

    Identify activities that consume significant time without adding value to your work or personal life. Time-wasting activities include excessive social media usage, nonessential meetings, or excessive time on unproductive tasks. Eliminating or minimizing such activities can free up valuable time for more important responsibilities and activities that align with your goals.

    Delegate and Outsource

    As a busy professional, it’s important to recognize that you don’t have to do everything yourself. Give some tasks to capable team members or consider outsourcing certain responsibilities to experts. By assigning tasks to others, you can focus on critical tasks that require your expertise and attention while empowering others to contribute and grow within the organization.

    Learn to Say No

    Saying “no” can be challenging, especially when faced with numerous demands on your time. However, learning to prioritize your commitments and say no to nonessential or low-priority requests is necessary for effective time management. Remember that you create space for more meaningful and important activities by saying no to certain tasks or obligations.

    Time Blocking and Batch Processing

    Scheduling or time blocking allows you to set a timeframe to work on specific tasks or projects. By setting aside uninterrupted blocks of time, you can enhance focus and concentration, increasing productivity.

    Batch processing is a similar concept where you group similar tasks and tackle them consecutively. The process minimizes frequent task switching and allows for more efficient completion of related activities.

    Take Regular Breaks

    Last but not least, take regular breaks. While it may seem counterintuitive, taking regular breaks is crucial for maintaining productivity and avoiding burnout. Research shows that brief periods of rest and rejuvenation enhance concentration and cognitive function.

    By incorporating short breaks into your schedule, you allow yourself time to recharge and refocus before diving back into work.

    Master The Art of Time Management

    Time is a finite resource. Hence, to master time management, you need continuous self-awareness, discipline, and adaptability to succeed personally and professionally. By following all the above guidelines and practicing them daily, you can avoid losing precious time and spend it on more important matters.

    References: https://www.mindtools.com/arb6j5a/what-is-time-management

    https://www.forbes.com/sites/forbesmarketplace/2021/01/20/8-time-management-techniques-for-busy -people/

    https://www.scienceofpeople.com/time-management-strategies/

  • Why Equity Bank must be stopped from killing Transcentury

    Why Equity Bank must be stopped from killing Transcentury

    The move by Equity Bank to place investment firm Transcentury and its subsidiary East Africa Cables should concern any one who cares about Kenya.

    Equity Bank this week announced that Muriu Thoithi and George Weru of PriceWaterhouseCoopers (PWC) have been appointed joint receivers of Transcentury with effect from June 16th 2023.The bank also appointed Thoithi and Weru as joint administrators of East Africa Cables.

    In an advertisement placed on local dailies, Equity Bank stated that “ The powers of director (of Transcentury) in terms of For with the company’s business and assets no longer apply. Any person who purports to hold, receive, use, or attempt to buy or sell, contract or otherwise deal with the company without the prior written consent of the receivers will be acting in contravention of the law and will be liable to legal action.”

    This move should alarm the private sector and the government alike. If the trend continues, Kenya’s economy will sink deeper.

    In Kenya, no company ever survives receivership. The receiver managers act like butchers slaughtering a cow. From Nakumatt to Karuturi, the story is the same. Being placed under receivership is like a death sentence because the receiver managers never bother to restructure or revive a business, they are only there for the carcass.

    Companies like Transcentury are the lifeblood of the economy and letting Equity Bank kill an indigenous business like Transcentury is an attack on Kenya’s self interest.

    It would be unforgivable if we let Equity Bank kill Transcentury, perhaps Kenya’s best known investment clubs. The Transcentury story inspired millions of Kenyans into group investments, popularly known as chamas.

    TransCentury is not your ordinary company. The company is one of the best indigenous investment companies and has created jobs and wealth for thousands of kenyans.

    Currently, the laws that govern receiverships are designed to only cater for creditors instead of finding avenues to protect the financially distressed firms.

    If not reversed, the move by Equity Bank will lead to job losses and send thousands of kenyan families into poverty.

    It is worth noting that no company put into administration by Equity Bank has ever survived. It seems the bank is an undertaker.

    Kenyans would be watching keenly to see if Equity Bank succeeds in killing indegnous enterprises such as Transcentury and East Africa Cables.

    Milton Were- PR & Communication Expert

  • Ignore CS Moses Kuria statements on Misguide Family Planning Programmes, Jisort Na Contraceptive!

    Ignore CS Moses Kuria statements on Misguide Family Planning Programmes, Jisort Na Contraceptive!

    CS Moses Kuria Statements on Family Planning should be Shut. Inflation is crippling across people’s houses, with prices of Unga, cooking oil, Sugar sky rocketing. How many kids does CS Moses Kuria have? Can he himself take up the role of Kenyans and add the world. He is privileged, rich, he can afford a child every year for the next 20 years.

    Family Planning, or rather Contraception as most of our kind like to call it, as we have sex for pleasure not to plan any families, we don’t want kids now, maybe in the future. Yes embrace population, if you can be able to take care of babies that you bring to this world being aware that it costs money, good roads, good hospital, good educations system.

    Something that CS Moses Kuria forgets to mention to you is that in some of those countries, the government has programmes and swift processes that take care of their people. Whilst in Kenya, new taxes are being proposed left, right and centre. The Finance Bill 2023 is here to leave you with 1000Ksh out of your 20,000Ksh salary after all those proposed levies. Sometimes I sit and wonder where is the hustler in this government? Politicians are selfless humans.

    Kenya’s poverty level is increasing. According to Statista, in 2022, 17 percent of Kenya’s population lived below 1.90 U.S. dollars per day. This means that over 8.9 million Kenyans were in extreme poverty, most of whom are in rural areas and also in the urban informal settlements, and this can further be contextualized to some of the cases in the Shakahole Massacre who were fasting to see the endless milk and honey, brainwashing poor, unemployed people in the promises of good life is wrong. Raising a child needs so much more, so plan for your family, space them out if need be, use Contraception!

    CS Moses Kuria refers to Indonesia and he continues to mention that the country has made the best use of its 300 Million people. Any government that is able to make use of its population and use its resources will definitely get Indonesia where it is. When on the hand you compare Kenya, with an approximate population of about 50 Million people, our debt is approaching 10 trillion, corruption left right and centre, wage bill almost exploding.

    Even with the 50 Million of us, Kenya has not been able to make use of us to ensure we are getting to the levels of Indonesia. Everyday Kenyans walk to industrial area to look for work, make thousands of applications, and now your proposing that people need to have more kids?

    Contraception involves controlling the population to be able to fend for yourself, be able to meet the needs of your population. It supports child spacing which enables people to plan for their lives, education, career. Most of the G20 countries have swift processes, do not humiliate their citizens with outrageous taxes like what is being proposed in the Finance Bill 2023. Nigeria has almost 200 Million people and the state of poverty is the same, same problems. Governance has remained a huge issue in Africa.

    People with money in most cases have 1, 2, maximum of 3 children, not 10. Kenyans continue to struggle to even have 3 meals a day. Programmes that promote use, access and provision of family planning information, services and commodities should be enhanced this remains a great measure for a county to help its people to manage populations, be able to manage and plan what you have at the moment

    So Ji sort Na Contraceptive! Today, Tomorrow and Everyday

    Alvin Mwangi

    Youth Church Leader

    Twitter: @alvinmwangi254

    Nairobi, Kenya

  • Kabale Tache Arero Confirmed as NLC Boss

    Kabale Tache Arero Confirmed as NLC Boss

    Kabale Tache Arero has officially been confirmed as the new boss of the National Land Commission (NLC). Since 2018, Arero has been serving in an acting capacity, taking over after Tom Chavangi’s suspension.

    Her confirmation is expected to bring stability and continuity to the commission’s leadership.

    The National Land Commission plays a crucial role in overseeing land matters in Kenya. It manages and administers public land, investigates historical land injustices, and recommends appropriate redress measures.

    Additionally, the commission promotes the efficient, equitable, and sustainable use of land, which is essential for economic development and social harmony in the country.

    Kabale Tache Arero

    Arero’s confirmation merely reflects a lack of recognition for her leadership abilities and fails to acknowledge her commitment to fairness, transparency, and accountability in land management.

    She has been chosen based on political correctness, serving the interests of both political factions and Somali tycoons involved in business with high-ranking government officials.

    Track Record

    Kabale Tache Arero’s track record does not demonstrate her capability to lead the NLC and tackle the persistent land issues facing Kenya.

    Throughout her tenure as the acting boss, she failed to take decisive actions to resolve disputes, investigate corruption allegations, and enhance the efficiency of land administration processes. She lacks proper approach and commitment to promoting land rights.

    As the new boss of the National Land Commission, Arero will face various challenges that require her unwavering dedication and expertise. Strengthening the commission’s capacity, improving collaboration with other government agencies, and enhancing public participation in land management processes will be among her key priorities.

    Is confirmation of Kabale Tache Arero bad news for Kenyans?

    Arero’s confirmation as the substantive boss of the NLC does not mark a new chapter in Kenya’s land governance. She has not succeeded in guiding the commission to fulfill its mandate of promoting equitable and sustainable land use in the country.

    Her appointment does not represent a positive step towards effectively addressing land-related issues. Land resources play a crucial role in the overall development and well-being of all Kenyans.