Kenya Insights

Category: Opinion

  • WAFULA BUKE: The Blame Is On Raila’s Security Details

    WAFULA BUKE: The Blame Is On Raila’s Security Details

    Algeria’s Revolutionary president, Ahmed Ben Bella (60s) dressed up in accordance to his revolutionary leaning.

    At first he wore Marxist associated military fatigues. Later on, his sympathies shifted to The Chinese version of socialism so he adorned the Mao tse Dong collarless suit.

    Internal political dynamics in Algeria shifted towards the right wing ideas so he wore a suit to endear himself to the West.

    That is Raila for us at the moment the only difference is that he has been changing personnel instead of clothes.

    When he left prison he relied on fellow comrades and the disbanded 82 air force people. Corporal George Otieno and Some Kamba army retrenchee, Paul were his drivers. In fact his Mkamba driver nearly got him killed in a road accident in Nakuru where two people died. “I belt up religiously after that accident. That’s how I survived” Raila later told me.

    His chief operations director was Patrick Lumumba Owade, ex air force detainee. When he was briefly detained over Webuye by-elections in mid 90s, Raila often lamented:

    “if Owade was here, I would not be facing this ground challenges”

    Before Raila landed in your Zone, Owade called all our allies to put them on alert.

    “Buke if Raila is stoned in your area you will take personal responsibility” that’s what he told me at 3.40 am in 2007 b4 Rao landed in Sirisia. I made sure I sat behind Raila’s seat to be seen.

    Years later Raila abandoned this brand of cadres as he also changed political course.

    What is happening in the current political situation is a complete about turn. His former jailers are in charge of his security only backed up by a new breed of ODM youth.

    At the political level diehards have become outdated. Orengo, Prof Akong’o Oyugi etc struggle for relevance and visibility around him. Ask yourself what Junet or Sifuna bring on board that Orengo and the rest can’t? Is it jokes, or English?

    Recently when Raila came for a rally in Bungoma, no call of instruction came from his Nairobi technicians to me and other person’s of my degree of loyalty. I decided to also keep off. In Meru, all the diehards went with Jimmy Wanjigi becoz of being ignored.

    Today as I write it is easier for Raila to pick your call than it is for his top men and family people. How then will Raila be given Intel? The Pope is exposed and I dare say what happened is a warning.

    We are fighting with a man who wants to run away with murder. You expect gloves on his hands? TUSHINDWE! Na baba pia ASHINDWE! Kiasi.

    Handlers of the Pope! Don’t ship out. Just Style Up!

  • MoH, Stop this unconstitutional document, it is an illegal SRH Policy. We want a Reproductive health policy, not a Bible!

    MoH, Stop this unconstitutional document, it is an illegal SRH Policy. We want a Reproductive health policy, not a Bible!

    Ministry of health policies, must be informed by science, evidence and facts. We want a Reproductive health policy, not a Bible! Policies should not in any way be reflective of people’s religious biases and stands. Personal biases from religion, culture should in no way affect access, provision of informationon health including reproductive health issues.

    The proposed National Reproductive Health Policy 2020-2030is particularly problematic because it neither meets the progressive ideals contained in the 2010 Constitution nor lives up to its self-proclaimed goal of “the highest reproductive health status for all Kenyans”. If it has a surviving chance, the Ministry of Health needs to go back to the drawing board and ensure that all the relevant stakeholders are included in drafting the policy, and that the policy addresses all the reproductive health needs of Kenyans in their diversities.

    In Kenya, Abortion is not illegal. It is guided by Article 26 (4). MoH left out key voices of doctors and nurses when drafting this policy. Without policy guidance on when and how to offer safe abortion, they will only remain in the dark and we will continue to loose young girls and women from these preventable deaths. The draft Reproductive health policy has been rejected by young people, medical associations, civil society amongst other groups.

    Amongst the reasons for rejecting the policy is: The Reproductive health policy 2022-2032 overwrites and overrules good existing health policies. The RH policy ignores ministry’s own policies on many critical issues such as Menstrual hygiene, Adolescent package care, National Family planning guidelines amongst other progressive policies that provide for an enabling environment.

    The RH policy is selective and excludes key reproductive health issues. The policy completely invisibilizes key issues connected to reproductive health such as mental health (postpartum depression), exclusion of sex workers as a critical vulnerable population, post-abortal care, menstrual hygiene amongst other issues. The policy is filled with a lot of religious language that excludes Kenyans who are not part of a stereotypical nuclear family. The policy ignores bodily autonomy and individual efforts to advance sexual and reproductive health. Article 10 (2) of the Constitution of Kenya articulates our national values which include advancement of human rights, human dignity andnon-discrimination.

    The process had no public participation and input of critical stakeholders which remains critical in any policy formulation process. Civil Society amongst other stakeholders requested for an audience with the Ministry of health over the policy and yet nothing changed in the content of the document. This is despite the same MOH previously suspending abortion guidelines for lack of sufficient participation by all stakeholders.

    The draft policy is also riddled with problematic language that places blame on survivors of sexual violence. Clause 2.3.3 argues that adolescents have increased HIV infections due to “failure to resist forced sex from partners”. The policy also encourages out of court settlements for gender-based violence which contradicts the position taken by the Sexual Offences Act.

    Nothing for us without us. Down with impunity. MOH must go back to the drawing table. We demand intentional, meaningful and deliberate inclusion of young people in all our diversities. Adults do not speak for the adolescents and young people.

    Alvin Mwangi

    Sexual Reproductive Health and Rights Youth Specialist

    Nairobi, Kenya

    Twitter: @alvinmwangi254

  • Omogi: Why are Kenyan voters blind on legacies during elections?

    Omogi: Why are Kenyan voters blind on legacies during elections?

    August 9 general elections are drawing closer and all Kenyan politicians and new entrants seeking elective positions are all out with well-oiled propaganda machines to sell fake ideas to the voters.

    Leaders who have been occupying offices for the past five years or more are lining up for re-election without any track records to show. Others who are retiring after the expiry of their tenure are also seeking alternative elective positions to keep enjoying privileges which come with these plum positions.

    Another bunch with their posters all over is individuals who have resigned from senior government positions where they have looted enough to buy their way into political positions.

    It is the practice in Kenyan politics which is laced with high voltage corruption and use of money to bribe voters to ascend to political positions which have become safe havens for corrupt individuals.

    Not many aspirants rely on proven track records or legacies to gain voters’ approval for an elective position. In fact aspirants with legacies, integrity or track records which speak volumes are most likely to be rejected at the ballot than corrupt leaders who can easily buy their way by bribing voters to sail through.

    A perfect scenerio is the case of a former MP for Kasipul-Kabondo Constituency who was the best performing law maker in the Luo Nyanza region for the two terms he served his constituents.

    The man built roads, dug bore-holes and water pumps, improved healthcare facilities, equipped schools with buses, enrolled students from poor backgrounds in schools and initiated a program which took hundreds to driving schools every year.

    He also rehabilitated semi-permanent structures in 240 schools to permanent buildings, equipped classrooms with desks and bought some 28 buses for local schools by end of his second term.

    In fact he was feted as the best performing MP who built the highest number of schools with the CDF allocations but when he sought a higher office, he was played at the ballot.

    He offered his candidature for Homa Bay gubernatorial position in 2017 but was rigged out and accused of going against ODM party politics despite having a track record which mirrors how he would perform at the helm of the county government.

    ODM is the most popular party in Luo Nyanza but this performer was challenging the incumbent who was rigged in during party nominations and at the ballot where he ended as an independent candidate. He was accused accused of going against ODM leadership which preferred that the corrupt incumbent serves his second and final term.

    H.E Mwai Kibaki, the former Kenyan president left behind a rich legacy of expanded economy and infrustructure [p/courtesy]
    But the man is back again and he is eying the same position which will fall vacant when the incumbent’s term expires in August but the politics around his candidature right now is that he has been in the cold for five years and no longer has deep pockets to bribe the electorate or to properly oil his gubernatorial campaigns.

    People are being coerced to turn a blind eye on his legacy but to concentrate on his weak financial muscles and favor corrupt individuals who have shifted from elsewhere and are also eying the same seat.

    A former Nairobi governor is among the top aspirants lining up for the Homa Bay top seat despite their corruption records. A man who is facing numerous corruption charges including a case where he was accused of conspiring with Nyakach MP to defraud the Nairobi County Government Sh.58 million.

    In 2020, the High Court gave the Director of Public Proscution go ahead to admit as evidence, details of a bank account belonging to one of his close associates who served in the accounting docket.

    The associate was the head of accounting during this aspirant’s reign at Nairobi County and his bank details showed how Sh 237 million was moved from City Hall to a private individual’s account and then finally to his account.

    The two suspects also conspired with other members of the staff at City Hall to defraud Nairobi County of the said amount. But the tainted figure that the man is and his deep pockets are the ‘qualities’ he will rely on to succeed the current governor whose tenure has also been marked by massive corruption and looting of public funds.

    Even elsewhere downsouth, a leader who served as the deputy president but had been accussed of massive corruption by then president proved to be more appealing to the electorate who gave him the opportunity to ascend to the highest office after the sitting president was suspended by the ruling party.

    The then president was in fact accused of meddling in his succession politics by levling corruption allegations against his deputy, who was a potential succesor, to cut short his dreams of becoming a president. He was rebuked even by the electorate but once his deputy ascended to power, his administration became the most corrupt in South African history and he was kicked out presidency on the same grounds.

    He is still fighting corruption cases to date after being realsed from prison last September and placed on medocal parole. The corrupt ex-president was serving a 15-month sentence for contempt of court.

    The man became a president on zero legacies but for being on the headlines over corrption allegations. It’s almost the norm everywhere, leaders and aspirants with track records that speak volumes are not always lucky at the ballot.

    Majority of the electorate pay less attention to legacy leavers who are the true leaders who operate in a manner that transforms lives and build trust for a greater good.

    Closer home, former Kenyan president Mwai Kibaki is remembered for accomplishing something that set standards on the performance at the presidency, a decade since he left office but voters are still falling in the traps of mediocre politicians.

     

    Cyprine Omogi is a Kenyan Education Officer, she is also passionate about good governance and realization of a graft free society.

     

     

     

  • Break The Bias By Providing unrestricted reproductive healthcare including safe and legal abortion

    Break The Bias By Providing unrestricted reproductive healthcare including safe and legal abortion

    Women’s access to reproductive health has been restricted by laws, cultural and religious beliefs, communal stigma and victimization that limitswomen’s enjoyment of their reproductive healthcare including human rights.

     

    Adolescent girls and young women have been subjects to a number of social and health issues that do affect their lives and unfortunately disrupts their social well being and interaction.

     

    As we mark and Celebrate, International Women’s Day, on 8th March under the theme of “Gender equality today for a sustainable tomorrow”, we must redouble our efforts, work to demand equal and unrestricted access of reproductive healthcare including safe and legal abortion to all that need it.

     

    In Kenya, high abortion figures continue to raise concern: a Reuters stated that thousands of women are dying every year in Kenya due to botched backstreet abortions.

     

    Reuters cited a report from the Centre for Reproductive Rights (CRR) which found that almost half a million abortions were conducted in Kenya in 2012 – the most recent data available – with one in four resulting in complications such as fever, sepsis, shock or organ failure, according to health ministry data. An estimated 2,600 women and girls die annually in Kenya, amounting to seven deaths every day, from complications related to unsafe abortions, said the CRR report.

     

    In the recent times, cases of sexual violence have been increasing and this is extremely worrying to see that the systems including the gate keepers we have are not able to protect us. What aregovernment agencies doing to ensure people live in safe environments that are not influenced by patriarchal laws, religious and cultural views that negatively impact the lives of girls and women.

     

    Why do we have to debate on what we are entitled to? Access to Reproductive healthcare is a right of every Kenyan and the health burden received from unsafe abortion cases would be avoided if the laws and policies on safe abortion were clear, services accessible and reproductive health information available to all.

     

    We should not restrict access to healthcare to women. The cost of disinformation, non-prioritization women’s health and non-implementation of laws remains dire and highly contributes to the preventable deaths that are reported everyday.

     

    Its total uncalled for women to pay for these with their own lives. The ministry of health alongside other state agencies and stakeholders should continue to prioritize women’s health by ensuring a conducive legal and policy environment that provides unrestricted healthcare including reproductive healthcare to all.

     

    Girls and Women are entitled to receive and exercise power, The Power of Choice. Unsafe abortion, A serious yet preventable public health problem, can be avoided. Safe Abortion saves our lives and our future. Ensuring we do not lose more girls and women to unsafe abortions is critical.

     

    Access to quality and correct information and services on safe abortion will ensure that young girls and women’s future is better secured as they are able to choose on when to have a baby, thus able to invest on their education and employment, thus a better and brighter future is assured.  

     

    Written by; Alvin Mwangi  

    Youth Activist, Reproductive Health 

    Nairobi, Kenya 

    Twitter: @alvinmwangi254 

     

  • Foreign Group, CitizenGo Threatens Kenya Democracy

    Foreign Group, CitizenGo Threatens Kenya Democracy

    By Alvin Mwangi

    In the recent past, Social media platforms have been used to spread misinformation on Reproductive health issues, in turn filling the public with a lot of myths, misconceptions and false information that informs their judgement and perception on some of these issues including Abortion, Sexuality Education as well as Sexual and Gender minority rights.

    Use of influencers who are paid to derail and share extremely wrong information has been growing over the past few years. This is according to a new research from the Mozilla Foundation indicating that influencers received between Sh1,000 and Sh1,500 to derail online debates over the Reproductive Healthcare Bill 2019, and the Assisted Reproductive Technology Bill 2019 amongst others.

    The report says “Kenya has been a key target for CitizenGO, given that it is a conservative society that identifies as 85% Christian. Its tactics in Kenya echo its actions in Spain and the rest of the EU”.

    This reports confirms that Kenya’s Twitter influencers will post anything without adequate knowledge on the issue, without thinking of the impact of their work to the general public, or how unjust the information is. Manipulating public conversations on Reproductive health and rights isa great offence as it goes against access and enjoyment of basic human rights to all.

    “The Twitter campaigns appear to have inauthentically promoted anti-choice sentiment and attacked politicians and activists advocating for gender rights,” states the report.

    “The report shows how quickly misinformation on public health issues spread and confirms that the anti-abortion movement in Kenya is fuelled by overseas organizations. These are dangerous tactics and only serve to harm women” Director, Ipas Africa Alliance mentioned.

    CitizenGo, a Spain-based and registered organization has been misinforming the public using paid influencers on twitter to spread misinformation. CitizenGo has widely shared contrary information of some of the key bills on reproductive health in Kenya with an aim to sway the public from accessing information, services that they are entitled to. Access to information and education on sexuality education amongst other reproductive health issues remains a right of every person.

    Paid to troll the sponsor of the EAC SRH BILL 2021, citizenGo uses fear, intimidation, fear, petitions and money to oppress women’s rights in East Africa.

    The East African Sexual Reproductive Health bill 2021, provides for a regional frameworks that aims to advance Sexual reproductive health & rights (SRHR) issues to all. If passed, the Bill would further advance issues around Sexual reproductive health & rights (SRHR) to all including, stopping the preventable death of girls & women in East Africa!

    “The member states will be mandated to ensure investment and implementation of diverse programs that aim to reach out to the Adolescents and young people on various SRHR issues. Issues like Return to School for pregnant Adolescents will be actualized through development of programs and policies that will be effected into the different states and implementation enforced” explains the bill.

    According to the Research by Mozilla Foundation, they indicate that CitizenGO, which is reported to have links to far-right-wing groups sponsored and coordinated disinformation campaigns on Twitter that labelled the Reproductive health bill as the “Abortion Bill” In the recent CitizenGo campaigns they have also termed the East African SRH Bill 2021, as the “ EALA Abortion Bill”. The East African SRH Bill is very progressive and will advance issues of Reproductive health in the region, if passed by the EALA parliament.

    “The campaigns also made false and misleading claims around abortion, surrogacy, and other areas of reproductive health,” says the report. Twitter should continue to take down accounts, organizations & influencers who use their platforms to misinform the public on Reproductive Health issues In Kenya with an aim of importing hate! Exporting disinformation is utterly wrong! To distort civic debate on social and health processes is even worse. Comprehensive sexuality education, Abortion, LGBTQ+ Rights has constantly been subjected to opposition, myths and stereotypes around it which have led to a total misunderstanding of what it entails to.

    We demand that CitizenGo issue a public apology to Hon. Susan Kihika, Hon. Esther Passaris, Hon. Millie Mabona and Hon. Kennedy Mukulia for trolling them, for the large and wide interference to share propaganda on very progressive laws that these lawmakers have developed and spearheaded

    Influencers paid to spread false information on critical issues within Reproductive health and rights among other social and health issues should be banned from Twitter.

    The Director of Criminal Investigations should take this up through investigating the group and fully prosecute them, after which they should demand that they exit their work, staff from Kenya.

  • Manifestos Key In Laying The Next Government Agenda And Priorities

    Manifestos Key In Laying The Next Government Agenda And Priorities

    Promises given to the public during elections should be well thought out. The public should clearly understand the roles of the President, Governors, senators, MPs, MCAs and how they all differ so that they are able to internalise the promises shared to them and not just speaking of the usual, vague promises.

    We all need to understand the role of the Senator in your county is not to give you a job, but to hold the county and its administration accountable to the work that it has promised or it promises to do, which means aspirants should also understand what they are vying for and what is involved. This will set them apart from the “usual leaders” of Nitawapatia kazi, nitawajengea mashule and all that.

    Comprehensively internalising will ensure that we are also not voting based on a party, or how famous the party, or as we put it “voting 6 piece” Understanding the hierarchy and how they feed to each other is important. Every election year, the public is always disappointed by the leaders they chose as they take stock of the 5 years. Do we ever ask ourselves what is the contribution I had to this failed government? Did we hold anyone to account of how resources have been used? Did we analyse manifestos and critically think how they will benefit the country?

    Even though manifesto’s are not legally binding yet, Manifestos can largely inform the next administration’s agenda and priorities, and if the public is able to critically analyse the manifestos and rule out the not well-thought out manifestos, we will be able to get in a good government that will work for the people.

    We are tired with seeing vague manifestos in aspirants posters, banners which clearly go to mean that the aspirants do not understand the “seats” they are going for. Why should it be always about short-tem solutions on problems such as Water, schools, Jobs.

    Can we think long-term for once, how do we introduce laws, bill and policies that will institutionalise some of these promises, for example; ensuring local enterprises not required to start up with about 10 licenses and permits which in turn make it hard to open, maintain and operate a business – this of course is win to ensure young people who are the majority in Kenya are able to create employment for others and themselves.

    When it comes to hospitals, we should not be building more hospitals! We need to invest in campaigns and preventative strategies that will definitely reduce the burden we are taking to the hospitals all in the name of curative services and medicine. We largely learnt this during the pandemic that when you develop campaigns on hygiene, hand-washing amongst other things that ensure general health, safety and well-being of the public.

    Manifestos and parties should ensure they remain diverse and inclusive in terms of the issues they are addressing as well as people that they are targeting. A manifesto that is directly or indirectly discriminating a section of the community should be ruled-out. We need to plan, develop and introduce projects that will meet all people’s needs despite, age, sex, sexuality, color, race, ethnic background, social class among other factors.

    Vague and the “usual” manifestos don’t work for me. I want see a manifesto that includes issues which have been left behind for the longest time now, clear and straight to the point manifesto, for instance how do we move from short-term solutions to long term solutions, how do we use laws, policies and bills to ensure our solutions remain long term, how do we resource mobilize more, how do we promote inter-county collaboration? How do we address issues of access, enjoyment of human rights for all? How do we work together for the good of our nation? How do we critically analyse and provide solutions to our people?

    Do not vote based on a party popularity or because you like orange as opposed to green or yellow. Do not vote 6 Piece. Mix those colors up, Vote Rainbow color. Understand the manifesto, the parties vision and what is in it for you a person, for your constituent, county and country!

     

    Alvin Mwangi

    Youth Activist

    Nairobi, Kenya

    Twitter: @alvinmwangi254

  • Why Everyone Is Leaving Lucrative Positions For Governorship

    Why Everyone Is Leaving Lucrative Positions For Governorship

    The decision by Cabinet Secretaries Charles Keter, John Munyes, Adan Mohamed and Sicily Kariuki to resign from their positions in government to run for the governorship is the latest indication of the significance attached to the county seat.

    A seemingly unattractive seat in 2013 that was eschewed by the country’s political supremos, the governor’s seat has grown in stature in the last nine years such that politicians like senators James Orengo and Kithure Kindiki are now being pulled to it like moths to a flame.

    This was perhaps demonstrated by the excitement by Meru Governor Kiraitu Murungi following the declaration by his rival Agriculture Cabinet Secretary Peter Munya that he will not contest the county seat.

    “I want to thank my brother Munya. He has taken off my stress and headache by making my work easy because I had planned to throw everything that I have to ensure I defeat him because he could be my strongest competitor,” said a jubilant Kiraitu.

    Others who will be seeking the seat include senators Susan Kihika (Nakuru), Fred Outa (Kisumu) and a number of MPs Chris Wamalwa (Kiminini), Moitalel ole Kenta (Narok North) and Aisha Jumwa (Malindi).

    Former Rift Valley Regional Commissioner George Natembeya, in spite of being boss over 13 counties, quit his job to run in the Trans Nzoia gubernatorial race.

    Removal threshold

    The governor’s seat has become too lucrative to be ignored in favour of national government positions or parliamentary seats.

    Experts said the billions of shillings allocated to counties were attracting the bigwigs who stand a higher chance of getting elected in their backyards.

    Besides the billions, the county chiefs exercise executive authority which enables them to make appointments, enjoy access to the presidency if elected to key committees of their national lobby and job security because of the long process and higher constitutional threshold for their removal.

    This financial year, for instance, the counties received a total of Sh370 billion. Each county gets billions of shillings shared via the county allocation formula.

    Yesterday, political and economic experts said the governor’s seat had become attractive because of the lucrative perks that came with it and the billions they control.

    “These counties receive billions of shillings. And they are now avenues of corruption. The systems in the counties are still not corruption-proof. These are fertile grounds for corruption. They have become centres of eating as many governors are beneficiaries of proceeds of corruption. You can see they are using the proceeds to fight back,” said Dr Samuel Nyandemo, senior lecturer at the University of Nairobi’s School of Economics.

    Despite the reported leakages that have led to loss of billions of shillings, leading presidential contestants Raila Odinga and William Ruto have promised to increase the county’s allocations meaning more billions to the 47 devolved units.

    Raila, the Azimio La Umoja leader, has promised to increase the allocation to a minimum of 35 per cent of the nation’s budget, which would mean more than double the amount they are getting presently.

    The Azimio leader wants this to be achieved through a constitutional amendment he says he will pursue immediately if he is elected President. Ruto, who is leading Kenya Kwanza, also aims to raise the allocation to the same figure.

    The seats have also turned into a perfect ground for politicians to develop their politics. Raila and Ruto have picked governors to lead their campaigns showing how the seat has not only grown in stature but also how critical it is presently in the succession battle. Laikipia Governor Ndiritu Muriithi is leading Raila’s Azimio La Umoja Campaign secretariat while his counterpart from Turkana, Josphat Nanok is in charge of Ruto’s team.

    Increase allocation

    Presently, a number of governors are exploiting their bases to form parties, which they are using as bargaining tools for job opportunities in the next administration in case they do not retain their seats.

    Makueni Senator Mutula Kilonzo Jr, who is eyeing the county’s governor on Wiper ticket, said most of the senators who are vying for the governor’s seat felt that they had done enough in the House in pursuing what was necessary to entrench devolution and were ready to implement what they have been demanding from those in charge for years.

    “For the pioneer senators like myself, who have been criticising governors, it is time for us to put our money where our mouth is. We have to lead by example,” he told People Daily.

    He said they had identified what had to be done for the success of devolution and that it was their time to fix the challenges facing it. “The Council of Governors has been a big let-down. I hope the senior people like Orengo will get an opportunity to be in the Council so they can make it a partner with the Senate in devolution rather than an enemy,” the senator added.

    He said there could be a small clique that was interested in better governance and developing their counties using the billions allocated them but he added the existing loopholes that made it easier to steal money needed to be sealed “There are few exceptions who are genuinely going to the counties to develop them. Once the loopholes are sealed, you can be sure the number of those going for the seat will go down,” Dr Nyandemo added.

    For former Devolution CS Keter, however, who is staking his future on the governor’s seat instead of gambling on a 50-50 percent chance to serve in Ruto’s government that could come with better fortunes, he said he was taking the political experience he had gained as MP, senator and lately as a CS to the county where he promised he would transform it.

    “I have the vision, the commitment and will to pursue a development agenda that will grow the economy of county 035, improve the livelihood of my community and transform Kericho to become a model of success. My leadership skills at Cabinet level, my long political experience and vast knowledge of my people and home aptly places me in the best position to lead the transformation of Kericho into a centre of devolved success,” the CS said when he resigned.

    Kariuki, who left the lucrative Water docket to try her luck in elective politics for the first time, said the people of Nyandarua deserved her commitment to serve them at the county rather than nationally.

    Complete projects

    “The people of Nyandarua have come to trust me, my concern for them, my vision, my commitment and my dedication and capability to accelerate development in the county whose potential remains untapped,” said Kariuki, who is preparing for a battle with incumbent Francis Kimemia.

    Former Tana River Governor Hussein Dado said he was going back to contest for the seat he lost in 2017 after the people pleaded with him to go back and complete the projects he started.

    “I was the first governor of Tana River and we did a lot of development activities but after seeing things are now going wrong, all the communities there have asked me to leave what I am doing and go vie and they will vote for me. That is what has made me leave this job, said Dado,” he said after resigning as Interior Chief Administrative Secretary.

  • Apathy: Young People Give Voter Registration A Wide Berth

    Apathy: Young People Give Voter Registration A Wide Berth

    The August 9th general election faces a major setback from millions of first-time potential voters who have, for some unknown reasons declined to register with the IEBC. By the end of week one, IEBC had barely managed to enlist 200,000 of them countrywide from a projected target of 1.4 million.

    IEBC’s largely idle clerks spend most of the day chatting on phones or reading newspapers as young people stay away. An alarmed IEBC chairman Wafula Chebukati has raised the red flag over the issue. He says IEBC has so far only managed to enrol 20 per cent of the expected six million first time voters they had targeted. Mr Chebukati warned that the coming elections in August could witness one of the lowest turnouts, ever.

     The second round of registration began on January 17th and will end on February 18th, about 5 months to election day. Many young voters are reported to have refused to pick up IDs which are scattered around the country. So far, the worst-hit areas are in Central Kenya, Luo Nyanza and parts of the Western region.

    President Uhuru Kenyatta’s Gatundu home-turf is considered among the worst hit. Scores of youths wake up each morning to drown in illicit liquor having long “given up on life.” The region that has so far produced Kenya’s two presidents, holds the dubious record of having the wealthiest and the poorest people at the same time! Many youths accuse the president of neglecting the region as key sectors of coffee, tea and the dairy industry took a bashing from powerful cartels.

    There is growing frustration among many Kenyans who have come to regard elections as an “exercise in futility ” that always produces the same crop of leaders who never fulfil their election pledges once in office. Millions of educated but jobless Kenyans are bitter with the establishment for not living up to their promises.

    Some blame the State for using police “hit squads” to gun them down at the slightest excuse! They accuse the system of side-lining young people in key appointments while recycling “old guards”. Election commentators are blaming IEBC for failing to conduct civic education among young Kenyans who have lost “trust and hope” in elected leaders.

    The common narrative after 2013-2017 hotly contested and deeply divisive elections are that leaders only use voters to “advance their selfish agenda.” This belief became deeply buttressed after the famous March 9 2018th “handshake” political truce between President Kenyatta and his once bitter rival ODM leader Raila Odinga.

    After the two made up and started working together, Kenya’s once vibrant opposition collapsed overnight! Excesses in government, rampant corruption, and widespread bad governance issues now happen unchecked. The National Assembly and Senate are virtually gagged by the handshake! The opposition has since adopted the “see no evil, speak no evil and do no evil” attitude!

    Political observers are warning IEBC to be more “imaginative” in attracting young voters to register. IEBC slogan about the “failure to vote produces bad leaders” seems to have backfired. The youth have, on the other hand, retort:  “When were they ever been good or kept their election pledges”!

    Many recall the failed pledges of laptops for primary school kids, the 1 million jobs that never happened, and the 500,000 affordable housing that remain a pipe dream! Those were pledges by the ruling Jubilee party that has served two terms under President Kenyatta and his deputy William Ruto. The two men have since bitterly fallen out.

  • Religious Groups increasing blocking human rights for LGBTQ+ Groups

    Religious Groups increasing blocking human rights for LGBTQ+ Groups

    Anti-gender groups are attacking the human rights of women, children, and LGBTQI+ people by framing gender rights as a threat to the health, safety and wellbeing of children. Anti-gender groups are conservative, faith-based and operate under the umbrella term ‘anti-gender ideology.

    The primary strategy of anti-gender groups is to manufacture moral panic by crafting easy-to-understand narratives based on misinformation and selective interpretations of human rights, religious teachings, negative cultural beliefs and scientific evidence that create a divided worldview: ‘good people’ vs. ‘bad people’.

    ‘Good people’ are those who uphold the heterosexual, patriarchal family as society’s core and defend parental authority over the principle of the best interest of the child. They claim to protect children from an alleged ‘internationally-funded agenda’ that seeks to corrupt and harm them – part of this agenda are LGBT, women’s, and children’s rights defenders, labelled as ‘evil’. This narrative is highly effective in creating moral panic, social outrage and mobilizing political support for gender-normative candidates across parties and regions.

    Anti-gender groups are part of a long-term political, social, and cultural strategy that has been in the making for decades, and that feeds on social unrest and cultural anxieties. Moral panic’s main role is political, particularly in contexts of economic, social, and political upheaval and anxiety, as it creates solidarity among different groups and channels outrage into concrete political actions; like development of laws and policies as well as heavy resource allocation to discriminative actions.

    Religious and opposition in groups have greatly opposed access and provision of Age-appropriate comprehensive sexuality education on many grounds, among them being issues like LGBTQ+ rights, access to safe abortion for rape and defilement survivors is recognized within the constitution of Kenya 2010. Addressing issues around rights of the sexual minorities; LGBTQ+ is important to ensure no violence or discrimination is witnessed and access to age appropriate information and education around stigma is vital at all levels.

    Unfortunately the religious and opposition groups have clearly and openly discriminated the sexual and gender minorities terming them “sick”, pedophiles and need treatment. This is a sad and worrying trend as it increases stigma and discriminating which in turn might lead to violence and even fear of accessing services within health facilities. Religious and opposition groups have been spreading misinformation against access and enjoyment of human rights of all groups particularly the LGBTQ+ Some of the instances where the opposition groups have been discriminatory are as follows;

    In 2019, Kenya catholic doctors association (KCDA) together with CitizenGo led by Anne Kioko led a petition to have intersex people removed from the census and claimed that being intersex was a disability and this was “an attempt to deconstruct Kenyan social fabric and introduce the deviant ideologies of homosexuality and transgenderism.”

    One of the top level staff within Kenya catholic doctors association (KCDA) Dr. Wahome Ngare swore an affidavit in court during #Repeal162 saying all lesbian, gay and bisexual people were recruited through sexual abuse and were likely to be abusers of children.

    For Years, Nigerian Televangelist The Late TB Joshua broadcasted humiliating “exorcisms” of LGBTQ+ Persons. He caused a lot of harm to many people, especially the LGBTQ+ People who he conducted “conversion” therapy on, also there were numerous hate speech against LGBTQ+ people made by him amounting to human rights abuses.

    As we mark and celebrate Human rights today, the 10th of December: Children, Women and LGBTQ+ People have felt a huge impact with Limited access to Sexual Reproductive Health services, including contraception and Comprehensive Sexuality Education affecting women, children and LGBTI+ people –  particularly girls. Increased violence in online social spaces has been rampant and lack of protection for LGBTQ+ people especially young people. Although these efforts have been essential in recognizing the predicament of LGBTIQ+ youth, their rights are still not widely enforced.

    Alvin Mwangi, Sexual Reproductive Health and Rights Youth Expert based Nairobi, Kenya

    Twitter: @alvinmwangi254

  • Urgent Need To Cushion Kenyans From Rogue Digital Lenders

    Urgent Need To Cushion Kenyans From Rogue Digital Lenders

    The concept of money lending has been in existence for millennia. Since the commencement of trade, human beings have, on occasion, found themselves on economically unequal situations where one cannot always afford to pay for what they need. It is for this reason that in early civilisations, farmers would borrow seeds and repay with grain after their fields yielded a harvest. They would also borrow livestock on the promise that it would be returned upon the arrival of a new calf.

    Over time lending has become more sophisticated which led to the creation of banks which issue loans to borrowers at an interest. The growth of the banking sector necessitated heavy regulation to protect and guide the sectors’ players and to balance risks and opportunities in loan transactions.

    Modern day lending has moved away from the traditional mode where loans were mainly accessible through the banks to digital lending. In Kenya, mobile money services such as M-Pesa and Airtel Money have emerged to offer payment services as well as withdrawal, deposit and transfer of money to consumers through their mobile phones. According to the Communications Authority of Kenya, as of December 2019, mobile subscriptions stood at 53.2 million, with mobile money subscriptions standing at 31.2 million.

    Noting the opportunities available in the mobile phone sector, digital lenders have set up shop in Kenya in droves. They offer quick loans, usually processed within twenty-four hours (sometimes instantly) through mobile phone applications. Once approved, the loans are sent to the borrowers’ mobile money accounts.

    Digital lenders have seen a boom in their business with the chairman of the Digital Lenders Association of Kenya (DLAK) stating, in 2021, that digital lenders were issuing loans of up to Ksh. 4 billion per month before the Covid-19 pandemic. While they have since seen a reduction of this figure to approximately Ksh 2 billion per month, it remains a significantly profitable industry and this begs the question why the Kenyan Government has dragged its feet in the regulation of the sector. Digital lenders have taken advantage of the lack of regulation in Kenya and proceeded to run their businesses as they deem fit to the detriment of consumers.

    One practice that strengthens the calls for strong regulation is the interest and loan fees payable for such transactions. For instance, Tala charges interest rates of between 7% and 17% on any facilities issued to customers for a period of 30 days. OKash on its part charges an interest rate of up to 36% per annum. Branch, another popular digital lender in Kenya, charges interest rates of between 10% and 27% based on the facility amount and the repayment history by the borrower. In comparison, Kenyan banks’ average lending rate as at December 2020 was reported to be approximately 12% per annum.

    The above picture demonstrates that, unlike banks which are highly regulated by the Central Bank, digital lenders have the discretion to determine the interest rate charged to a borrower. In the event of default, some of the digital lenders impose late payment fees which are computed based on the outstanding amount and the duration it remains outstanding. Most consumers are not aware of this at the time of taking of the loan. In most cases, the consumer has an urgent need for cash and is oblivious of the amount repayable as interest or facility fees. It is only upon repayment that the financial burden on the consumer becomes apparent and most of them end up defaulting.

    Digital lenders are quick to remedy defaults to ensure they recover their funds. One of the ways they have adopted is by reporting the borrowers to Credit Reference Bureaus (CRBs) which in effect damages the credit reputation of the borrower. Digital lenders have been known to use CRBs to torment borrowers by listing them thus barring them from accessing credit with any other providers, including commercial banks. According to reports in 2020, CRB listing rose from 2.7 million in 2019 to 3.2 million in 2020 which was attributed to digital lenders. Even when the listing is erroneous or where the borrower makes a full repayment, most digital lenders have poor customer care support teams, and the delisting takes a significant amount of time to be effected. This in turn leads to decreased access to credit on the part of the consumer.

    Data protection has also come to the fore in the digital lending industry. Currently, if a consumer wishes to access a digital loan, they must accept the terms and conditions of use of the application. Some of these terms are unfamiliar to the ordinary consumer and most usually click “Accept” to access the services. In addition, the applications require the user to give certain consents on their mobile phone, including access to text messages and contacts. Initially, this seems harmless. However, in the event of default, consumers have come to realise the hard way that one must give to Caesar what belongs to Caesar. Some digital lenders are known to bombard their clients with messages demanding payment and threatening severe consequences for non-compliance. Some lenders are also known to reach out to third parties who, despite not being listed as guarantors, are requested to intervene and request the borrower to repay their facility. This is not only embarrassing to the borrower but also an invasion of the borrower’s right to privacy.

    In addition, through their access to contact details on a borrower’s phone, digital lenders are also known to target the borrower’s contacts and send them targeted marketing messages. Some of these messages contain clickbait content suggesting that a loan has been approved. This is notwithstanding the fact that the individual has neither an account nor applied for any loan from the provider. This constitutes not only an unethical behaviour but also a violation of data protection laws.

    There have been attempts to regulate the digital lending industry in the recent past. In 2016, the Competition Authority of Kenya directed financial services providers, including digital lenders, to provide details of all charges on their platforms to ensure that the consumer is aware of the charges. In 2018, Treasury published the Financial Markets Conduct Bill which would have regulated digital lenders. Unfortunately, the Bill has never been passed into law due to various contentions on its proposals. In 2020, the Central Bank of Kenya (Amendment) Bill was tabled in Parliament. The object of the Bill is to amend the CBK Act to ensure that CBK regulates the conduct of providers of digital financial products and services. The Bill is yet to be debated and passed by Parliament.

    At present the digital lending market remains unregulated and the persons who are adversely affected are the low-income groups who are easily taken advantage of by the digital lenders. There is need to rein in digital lenders under one regulator who can oversee the sector, license players and bring order to what is currently a chaotic industry where the law of the jungle reigns supreme.

    In the latest positive development, the Data Protection Commissioner Immaculate Kassait has revealed the investigations following complaints over digital lenders who have breached the confidentiality of personal information.

    The firms are accused of resorting to “debt shaming” tactics to recover loans.

    This includes use of debt collection agents pursuing borrowers either by informing their friends and family using contact information scraped from their phones or by threatening to tell their employers.

    The Data Protection Act bars sharing of data with third parties without consent and gives individuals the right to be told when their data is being shared and for what purposes.

    “The Office received complaints from data subjects regarding digital money lending applications. Towards this end, my office has commenced investigations on a total of 67 such complaints in line with the office mandate,” Ms Kassait said without divulging additional information.

    Scores of unregulated microlenders have invested in Kenya’s credit market in response to the growth in demand for quick loans, where borrowers can get loans in minutes via their mobile phones.

    Borrowers share personal information, including their professions and monthly earnings, when registering with digital lenders.

    But besides the pursuit of unpaid loans, digital lenders share personal information with data analysing firms and for marketing.

    The Central Bank of Kenya (CBK) has previously raised concerns about the abuse of the personal data of borrowers and called on lawmakers to fast-track legislation to provide for the regulation of digital lenders.

    Lobbies that had petitioned Parliament during the review of the Bill also said that loan applications are private affairs that should be treated as confidential information.

    Digital lenders have saddled borrowers with high-interest rates, which rise up to 520 percent when annualised, leading to mounting defaults and an ever-ballooning number of defaulters.

    The Data Protection Act further compels firms to disclose to individuals and customers the reasons for collecting their data and ensure that the confidential information is safe from infringement by unauthorised parties.

    Offences under the Data Protection Act attract a fine of up to Sh5 million and or imprisonment for a term not exceeding to 10 years or both.

    “Infringement of provisions of the Kenya Data Protection Act (DPA) will attract a penalty of not more than Sh5 million or, in the case of an undertaking, not more than 1 percent of its annual turnover of the preceding financial year, whichever is lower,” the Act says.

    “Individuals will be liable to a fine not exceeding three million shillings or to an imprisonment term not exceeding ten years, or to both.”

    Scores of unregulated microlenders have invested in Kenya’s credit market in response to the growth in demand for quick loans, where borrowers can get loans in minutes via their mobile phones.

    The firms are accused of resorting to “debt shaming” tactics to recover loans.

    This includes use of debt collection agents pursuing borrowers either by informing their friends and family using contact information scraped from their phones or by threatening to tell their employers.

    The Data Protection Act bars sharing of data with third parties without consent and gives individuals the right to be told when their data is being shared and for what purposes.

    “The Office received complaints from data subjects regarding digital money lending applications. Towards this end, my office has commenced investigations on a total of 67 such complaints in line with the office mandate,” Ms Kassait said without divulging additional information.

  • Political Manifestos should Address Reproductive Health Issues To Youth’s Vote

    Political Manifestos should Address Reproductive Health Issues To Youth’s Vote

    By Alvin Mwangi

    It is believed that 70% of the African countries population is made up of youths. In Kenya 25% of the Kenyan population comprises youths aged 18-34 years old, 43% of the population falls below the 15 year old age bracket. It is vital that young people play an equal role in decision making spaces and tables.

    Ahead of 2022 August general elections, Aspirants and politicians have once again started to stream into our homes; playing with kids, helping mama mbogas cut mbogas, attending churches and helping us pray. They are not forgetting to takes selfies.

    Even with the current leadership, Kenya is still faced with quite a number of issues, these issues are still recurring and unfortunately will be in manifestos for parties hoping to win elections come August 2022.

    Some of the pressing issues for young people are around health – reproductive health. Health is definitely wealth and it is paramount that political parties hold consultative forums to widely consult on pressing issues that young people, who are the majority population and voters at the moment in Kenya on some agree on some of the desired changes.

    Young people are tired of bad leaders, Leaders who they only see within their estates, houses, shops after every five years when they come to re-promise and bring the aspect of elect me again to finish up on this road, but what did you do in the 5 years that we elected you?

    Politicians have access to power, resources, partners and information that they would use to improve their work and ensure better access of services, information and enjoyment of rights and freedoms as citizens of this great nation.

    There is need to legislate and ensure wide access of resources to programs aimed to solve the current and emerging challenges around sexual reproductive health and rights for all persons. One of the opportunities is through political manifestos. But are political manifestos binding?

    By now, we have seen so many political aspirants share posters and call themselves honorable, put up whatsapp groups and social media accounts as their start to drum up their support for votes. How do they translate their promises to actions?

    Political aspirants and “old” politicians have continued re-sharing their promises, promises that we have been receivingfor the last 10 years, they are wooing the public with statements like “re-electing me and you will see CHANGE!”

    I have only voted once in the 2017 election and this was after waiting to exercise my voting rights, but unfortunately most of the promises I received have not been actualized.For the longest time political aspirants have not had a huge interest in resourcing and even addressing Reproductive health issues for the adolescents, young people and the general public.

    Most investments done by politicians including statements by aspirants is how they will build roads, create jobs, unfortunately health investment is not seen as a tangible product that can be spoken about by aspirants, as most citizens believe in seeing tangible things to believe that their resources are being used. Investment in health involves purchasing commodities like drugs, availing information in hospitals and in other public spaces, ensuring offline and online campaigns amongst other sort of “invisible” activities that need money but can not be seen by the public as tangible invest.

    According to the 2017 Jubilee Party Manifesto, some of their health plans included: increasing the number of health facilities with community health centres, availing insurance plans for citizens, while the NASA 2017 Manifesto had planned to Establish a National Universal Health Service Fund to be funded by the public budget for curative health services and a minimal basic health insurance contribution by citizens.

    The public should comprehensively understand and learn that when it comes to health, the investments can be deemed as “invisible” The invisibilities of these investments and activities around reproductive health and health in general. For instance when you invest in buying drugs and availing platforms for health information, most of the times we don’t see the ripple effect and the effect of this. But, the effect of this, is that we have a healthier nation and a workforce that is able to work and achieve maximum objectives.

    Unfortunately young people continue to face reproductive health issues that can be legislated and resourced. Most of these manifestos plans on health are just generic and very ambitious and don’t really reflect the ongoing issues that young people are going through kwa ground.

    Political manifestos should be inclusive and should relate to the needs of the citizens especially the adolescents and young people who are the current majority.

     

     

    Alvin Mwangi is a Sexual Reproductive health and rights youth Expert based in Nairobi, Kenya.

    Twitter: @alvinmwangi254

  • Crisis Pregnancy Centres is Not a Solution for Sexual Violence Survivors!

    Crisis Pregnancy Centres is Not a Solution for Sexual Violence Survivors!

    By Alvin Mwangi

    According to Kenya Demographic and Health Survey (KDHS) 2014, 14% of women and 6 percent of men age 15 – 49 report having experienced sexual violence at least once in their lifetime.The Government of Kenya has enacted several laws and has policies and regulations to prevent and control forms of violence against women and children Including the Constitution of Kenya (2010), the sexual Offences Act (2006) among others.

     

    The institutionalization and emergence of Crisis Pregnancy Centerswithin hospitals and other social spaces in Kenya is a problematic solution to survivors of sexual violence who are pregnant as a result of Rape or even defilement. Most of these Pregnancy Crisis Centres are filled with misinformation and hinders access to vital services to Rape and defilement survivors; such as Access to Safe Abortion. This is unacceptable.

     

    The Government of Kenya has enacted several laws and has policies and regulations to prevent and control forms of violence against women and children, including the Bill of Rights within The Constitution of Kenya (2010), the sexual Offences Act (2006) among others.

    According to The Constitution of Kenya, 2010 and The National Guidelines on Management of Sexual Violence in Kenya, termination of pregnancy and post abortion care in the event of pregnancy from defilement and rape is a key Right of a Survivor of Sexual Violence. We have heard of many cases of Sexual Violence where the survivor gets pregnant or is even infected with HIV amongst other Sexually Transmitted Infections.

     

    What happens when these girls and women get pregnant with an unknown person? Or even get pregnant as a result of incest? Should they receive safe abortion services and information? What post-traumatic experiences do these girls and women go through when forced to carry this unknown and known pregnancy to term? What are some of the societal aspects of stigma and discrimination that they go through?

     

    No one should force or manipulate survivors of Rape or defilement to keep a fetus that they do not want to. A fetus that would continuously remind the survivor of the painful un-consensual “act” that they went through. Most of these centres receive support from conservative national and local government leaders and are led by Powerful religious organisations, nationally, regionally and even globally.

     

    Across Africa and in Kenya to be specific, many of these Centres incorrectly inform Rape and Defilement survivors and are fed byMedical Myths surrounding Access to Safe Abortion, which is their Right as a Survivor.

     

    In Most of these centres, Women face moral judgment in almost all centres when they said they wanted Access to Safe Abortion. For example; women who are raped as a result of incest are told “no right to take away the ‘baby’s’ life”. 
Many were told that they would be committing ‘murder’ if they had an abortion. These centres are founded and based on myths and false knowledge that force these survivors to keep pregnancies that they don’t want. Most of these centres target vulnerable women and teenagers, including students, minorities and migrants without access to other services.

     

    These centres are all over in Nairobi and beyond the country. They do not care and assist these women after “forcing ” them to keep these unwanted pregnancies as a result of rape or defilement. These centres have driven these survivors to Suicide and endless Depression after “brainwashing” them with fake information, threats and instilling fear.

     

    In most of the time, Sexual Violence acts leave Trauma, Sexually Transmitted Diseases and even pregnancy to these survivors. In my considered view, the government through the Ministry of Health should offer access to termination of pregnancy and post-abortion care in the event of pregnancy from defilement and rape as per the rights of a Survivor of Sexual Violence in the National Guidelines on Management of Sexual Violence in Kenya and that the Ministry of Interior should further investigate this matter and close down these Centres that Falsely Manipulate rape and defilement survivors to keep unwanted pregnancies.

    Alvin Mwangi is a Sexual Reproductive health and rights youth Expert based in Nairobi, Kenya.

    Twitter: @alvinmwangi254

  • OPINION: Countless Court Losses, AG Kihara Has Been Misadvising The President

    OPINION: Countless Court Losses, AG Kihara Has Been Misadvising The President

    BY SAM ALFAN.

    President Uhuru Kenyatta has continuously lost various legal battles bringing into sharp focus the role of the Attorney General and whether he is giving the head of state sound advice.

    From the loss of cases on the attempt to change the Constitution, by the government, through the Building Bridges Initiative (BBI), to the cases touching on appointment of judges, rejected by President Kenyatta, the President’s chief legal advisor has had one to many losses.

    Other than losing the cases, the government has been put on the spot for failing to obey court orders.

    In fact, a judge recently rebuked the government for ignoring to obey court orders and lashed out at the Attorney General Kihara Kariuki for not being assertive in advising the State to comply with court decisions.

    It was not the first time this has happened. Early this year, Employment and Labour Relations Court judge James Rika said the courts have been left to look like toothless bulldogs whose judgements and orders “are not worth the papers they are written on”.

    “It is an extremely shocking and bold admission of contempt, coming from a Government Agency, which deposes to be acting on the advice of the Attorney-General of Kenya,” the Judge said.

    Justice Rika made the remarks while delivering a ruling in which the director general of the National Employment Authority (NEA) has ignored a court order directing him to issue an employment agency Al Hujura, its registration certificate. The judge put the blame on the Attorney General’s door.

    “The Attorney-General, a prominent and respected Lawyer, who has served the Judiciary as an Appellate Judge, ought to be more assertive in advising the Government to obey decisions of the Court, to avert the drift into chaos and death of the rule of law which the Government appears to have taken. One cannot say that he or she is waiting to be heard on Appeal, before complying with a valid Judgment of a Court, which has neither been reviewed, set aside or stayed,” the Judge said.

    Different courts in the country have declared various decisions by the government as illegal and unconstitutional. Other processes by government either appointments in the public office or contracts have been declared null and void by failing to follow due legal process.

    From the appointment of heads of parastatals, cabinet secretaries and principal secretaries, name them.

    It was only recently that the Government of Kenya lost to Somalia in a maritime dispute at the International Court of Justice, a decision which President Kenyatta later dismissed vowing not to cede even an inch of Kenya’s territory.

    In a scathing attack to President Kenyatta just before he retired, former Chief Justice David Maraga said the government cannot demand of its citizens the obedience of the law, if those in authority were disobeying court orders with abandon.

    “It greatly undermines the rule of law for the government to act in defiance of court orders and this pattern puts at great risk our constitutional democracy because it risks the contagion of lawlessness,” said Maraga.

    Kariuki fought back defending the Executive saying it has always and remained committed to implementing all court orders, to the extent lawfully practicable, save for instances where there are appropriate stay orders and pending appeals.

    The Attorney General, instead shifted the blame on the former CJ saying he has failed to cultivate the spirit of constructive consultation and has resorted to “grandstanding and populist brinkmanship, with the Executive as his bogeyman.”

    Last week, another former CJ- Willy Mutunga- expressing displeasure at disobedience of court orders, urged judges to down their tools as a protest.

    Mutunga, who has previously accused the government of disobeying court orders, also announced his plans to head to Canada to accompany lawyer Miguna Miguna back home.

    He said his decision was a protest move against the government which he accused of infringing on the lawyer’s rights as a citizen of the country.

    There is also the impasse over the failure by the President to appoint six judges as recommended by the Judicial Service Commission (JSC).

    And instead of advising the President to heed the directive, Kariuki has opted to appeal against the decision, yet as pointed out by lobby group Katiba Institute, Kariuki was part of the team that interviewed and endorsed the same judges for appointment in 2019.

  • Judge Sets Free Terrorist Who Killed 11 People And Was Serving A Life Sentence

    Judge Sets Free Terrorist Who Killed 11 People And Was Serving A Life Sentence

    By David Goldman

    In a remarkably unreasonable and perhaps bizarre, ruling in Kenya, a judge has released from jail, a convicted terrorist who was serving a life sentence, despite the grave risks of recidivism. Elgiva Bwire Oliacha, also known as Mohamed Seif, a member of the Al-Qaeda affiliate in Somalia, Harakat al-Shabaab al Mujahideen, pleaded guilty to multiple terrorists attack in the Capital Nairobi. Alongside Felix Nyangaga Otuko, Bwire was responsible for the killing of 11 people at Machakos Country bus station and a grenade attack at Mwaura’s ba. He was sentenced to life in prison by a Nairobi court. A Terrorist and a murderer, Bwire is now is free, another indictment on the Kenyan Judiciary. The rationale of releasing a convict who willingly committed acts of terrorism besides murdered a dozen persons is incredible.

    Prison Radicalization and Terrorist Recidivism.

    Criminal psychologists warn that the recidivism rate of terrorism offenders is higher than that for ordinary criminal offenders and that affiliation with a terrorist organization significantly increase it. Prisons are frequently designated as the “hotbeds” of radicalization to violent extremism.

    When Benjamin Herman, a 36-year-old Belgian, walked out of prison in Liege with a two-day pass on May 28, he was a man on a mission. That evening he killed a drug dealer he had met behind bars by beating him with a hammer. The next morning he attacked two policewomen from behind and repeatedly slashed them with a box cutter while screaming “Allahu akbar!” He took a service pistol from one of them and shot them both dead. He continued down the street and killed a man in a parked car before taking a woman hostage in a school. She was a Muslim and appealed to him to not hurt the children. His murderous mission, and life, ended soon after as he attempted to flee from the school. He exchanged gunfire with police, wounding four officers, and was shot dead.

    Criminal Risk Factors for Terrorist Recidivism

    Whether they are in jail or after their release: terrorist suspects attract public attention. Most try to recruit fellow inmates for their battles, vigorously demonstrated against the regime under which they were detained or made new violent plans for the (near) future. Bwire is no exception. Throughout the time he was in prison, he kept aspiring for ‘shahada’, the ultimate goal of every jihadist. During his sentencing, he told the judges he did not regret bombing innocent civilians to death (no expression of remorse and antisocial attitudes are indicators of possible recidivism). The risk posed by Bwire is grave. He is likely to commit acts of terrorism to revenge and avert being taken out without having achieved his goal ‘shahada’. In the United States, several former Guantanamo detainees transferred into foreign custody have engaged in high-profile acts of terrorism against the U.S. or its allies.

    Examples of terrorists recidivism are plenty. Mishaal Mohammed Rasheed al Shadoukh, a former Guantanamo detainee repatriated to Saudi Arabia in 2003 and a participant in Saudi Arabia’s terrorist rehabilitation program, delivered al-Qaeda in the Arabian Peninsula’s (AQAP) ransom demands following the organization’s kidnapping of a Saudi diplomat in Yemen. Another recent case is that of Ibrahim al-Rubaish, the latest mufti of AQAP, who in 2009 released an audiotape in which he used Islamic doctrine to justify an assassination attempt on Saudi Prince and Minister of the Interior, Muhammad bin Nayef, and al-Qaeda’s use of targeted assassination against “the enemies of Islam,” more generally. Ibrahim al-Rubaish had, in 2001, been captured by U.S. soldiers and was subsequently detained at Guantanamo Bay until December 2006, when he was repatriated to Saudi Arabia and enrolled in the terrorist rehabilitation program there. In April 2008, al-Rubaish fled Saudi Arabia, allegedly with 11 other former Guantanamo detainees, to join AQAP in Yemen. This is the kind of threat Elgiva Bwire Oliacha, also known as Mohamed Seif poses to the security of not only Kenya, but the region and beyond.

    David Goldman is the Director of Counter Terrorism, National Security, and Intelligence Analysis at Strategic Intelligence.

  • Sugar Millers With Questionable Traits Should Be Axed

    Sugar Millers With Questionable Traits Should Be Axed

    Most of the sugar millers have failed to put in place cane development programmes in collaboration with contracted cane farmers in the designated areas as clearly stipulated by law

    Majority of sugarcane milling companies in western Kenya should have their operational licenses revoked by the government for completely failing to adhere to the requirements demanded of them when they were issued.  

    Most of the sugar millers have failed to put in place cane development programmes in collaboration with contracted cane farmers in the designated areas as clearly stipulated by law, a requirement when they made the applications.

    It is also indeed a statutory requirement that millers must prove to the Agriculture, Fisheries and Food Authority (AFFA) and particularly the regulatory authority , Sugar Directorate that they are actualizing this requirement on the ground for them to retain the milling licenses.  On the contrary what is currently happening on the ground is the fact that sugar development programmes across the counties in western Kenya have been abandoned by millers – thus leaving vulnerable cane farmers at the mercy of predatory and scavenging operatives in the name of brokers.

    The worst aspect of the whole imbroglio is that most of farmers cannot afford on their individual self the costs of executing the sugarcane development programmes, most operate on small farms. Land preparation, seed planting, and crop husbandry to maturity, harvesting and transportation to the factories is an expensive afire.

    The legal requirement is that millers must invest in sugarcane development programmes in collaboration with farmers after which they recoup their investment costs from farmers’ earnings after delivery of mature crop for processing. These costs include land preparation, seed, farm inputs like fertilizers, harvesting and transport costs among others.

    Millers most often deduct their dues soon after the crop is delivered at the factory for the first, second and third harvests and in many cases leave many farmers with nothing in what is popularly known on the ground as DRs.

    In essence this means that cane farmers are the ones who end up financing the entire development programme with loans from the millers.

    At the moment it is clear that millers like West Kenya in Kakamega County with subsidiaries like Olepito Sugar in Busia County, and Sukari Millers in Migori are leading the pack of millers without any sugar development programmes to their credit. The question is where are they getting the cane from to keep afloat and claim that they are the leading producers in the country?  What is their role in the nearly ten years old sugarcane poaching crisis in the country and what has AFFA done to keep it in line?

    West Kenya Sugar Company chairman Jaswant S. Rai (right) and managing director Tejveer Rai (left) during a parliamentary joint committee hearing.

    The Rai family owner milling firm has been in the receiving end over links to contraband sugar smuggling.

    In 2018, West Kenya Sugar Company and Eastleigh-based Diamond Wholesalers traded blame over the origin of 1,200 tonnes of contraband sugar seized at the latter’s warehouse.

    While appearing before a joint committee of Parliament, West Kenya termed the Kabras branded sugar as “fake,” but Diamond Wholesalers claimed it bought the impounded sweetener from West Kenya.

    Kabras brand is produced by West Kenya. Diamond Wholesalers have previously been linked to sugar smuggling in Mumias factory collapse in cohorts with Evans Kidero. West Kenya, which produces the popular Kabras Premium White Sugar and Kabras Brown Sugar, is among company’s whose brands have been linked to the illicit sugar which is said to have found its way to the shelves. Like in Mumias, West Kenya has been accused of smuggling sugar and repackaging to Kabras brand.

    The other millers who are flouting the sugarcane development programmes whose licenses must be put on the chop include Butali in Kakamega county, Nzoia in Bungoma, Chemilil and Muhoroni in Kisumu, Sony in Migori and Mumias Sugar, who should be forgiven at the moment as they put their house in order, it was the best miller in organizing, maintaining and executing these programmes before its collapse.

    The biggest irony is the fact that another milling company which was diligent in executing these programmes in collaboration with its contracted sugarcane farmers is Soin in Trans-Mara County whose operations have since collapsed leaving farmers stranded with huge quantities of the raw material on their farms.

    This messy state of affairs has since seen many of these millers smuggling the raw material cheaply from Uganda and even Tanzania to keep factories stay afloat. They have also turned to predatory brokers who buy the raw material at throw away prices from desperate cane farmers in the country for as little as Ksh.. 1, 500 to 2500 a ton to sell it to the millers at Ksh. 3, 500 instead of the official Kshs. 3, 840 for the same. The farmers are being grossly exploited and many of them may abandon cane farming altogether as it happened to cotton farming in the late 1970s to early 1980s.

    Production of sugar in Kenya is currently dominated by privately owned sugar millers led by West Kenya Sugar Company which has a 30.1 percent share of the market.

    It is followed by Sukari factory at 21.4%, Butali Sugar mills at 17.7%, Transmara sugar at 5.2%, Nzoia sugar at 5%, south Nyanza Sugar at 4.4%, Muhoroni Sugar at 3.7%, Mumias Sugar at 1.9% and Chemelil Sugar at 1.1%.

    In 2015, Mumias sugar was the market leader in terms of sugar production. However, private sugar millers have continued to take the lead with former market leaders and state-owned millers performing dismally.

  • ICJ Was Misadvised In Using Land Sites In Its Verdict

    ICJ Was Misadvised In Using Land Sites In Its Verdict

    By KamauMbote

    On Tuesday 12th October 2021 millions of Kenya and Somali nationals watched in abated breathe as the International Court of Justice judges delivered their verdict in the Maritime Delimitation in the Indian Ocean (Somalia V. Kenya).

    Whereas the tone right from the start of the ruling and prior withdrawals from the case by Kenya suggested Somalia would carry the day I listened keenly to understand the court’s ruling on issues raised by Kenya especially the effect on livelihoods to people living near the Kenya-Somalia border.

    This as our team has, over the past twenty-four months, engaged in research on the effects such a ruling would have on the fisherfolk who depend on the Lamu archipelago (disputed area) for their daily livelihood.

    It was however not lost to me that the judges who sit at the Hague had little knowledge of this area as never in the period of the case did the ICJ send a fact-finding team to the disputed area to get first-hand knowledge of the people and their way of life.

    In the course of our research, we were able to visit the Kenya Somalia border both by road and by sea and experience directly how the Banjuni community carry on their day-to-day activities and also understand the relationships existing among the two communities across the border.

    It was unforgivable however for the court to make its pronouncement based on the fishing landing sites rather than the fishing sites given the well-known security situation in the Boni Forest borders the neighbouring villages located next to the ocean.

    To start with Kenya had raised a very valid contention in regards to the “devastating repercussions for the livelihoods and economic well-being of Kenya’s fisherfolk who are said to depend on fisheries in coastal areas near the Kenya-Somalia boundary.”

    During our research which is well documented, we established that villages such as Ishakani, Kiunga all the distance to Kiwayu depended on fishing as their main economic activity accounting for more than 80% of their household income.

    The area also attracts fishermen from as far as Msambweni in Kenya’s south coast and those from the Pemba Island in Tanzania.

    According to the Lamu Beach Management Unit Network which represents fishermen and oversees landing sites from Lamu County the disputed area accounted for more than 65% of the entire county catch with the rest originating from smaller fishing sites in the ocean as well as freshwater sources including rivers and lakes.

    Kenya therefore in its fifth relevant circumstance to be taken into account by the court told the ICJ that in need for the equitable access to those natural resources therefore required the adjustment of the provisional equidistance line to the parallel of latitude.

    A landing site is described by the United Nations Food and Agriculture Organization as the first point of sale for products and provides a place where fishers can leave their boats and obtain supplies such as food, fuel and ice.

    In such a case this would have been at the extreme tip of the Kenya Somali border commonly referred as to Dar es Salaam point which for security reasons has had numerous logistical and infrastructural challenges.

    This stretch all the way to Mkokoni a landmass largely covered by the Boni forest has seen the brunt of Somalia’s expansionist agenda in the 1970’s and thereafter the fall of Said Barre.

    This area has then seen no real peace for the past 58 years with the Kenyan government in 1964 dissolving all the affected villages by the Shifta war which included Ishakani, Kiunga, Mwambore, Rubu, Simambaye, Mvundeni, Ashuwei, Matironi, Mkokoni,Vumbe, Saadani, Kiangwe, Ndhununi and Bodhei.

    Due to these reasons it is very clear on the lack of landing sites but does not indicate the less importance of the area.

    With Lamu East sub-county largely relying on this waters for fish by more than 80% it beats logic how the court did not find how its decision would “likely . . . entail catastrophic repercussions for the livelihood and economic well-being of the population of the countries concerned”.

    The ruling ascertains concerns by Lamu fishermen who had called on the court to allow them to participate in the case severally culminating in a large protest in March 2021.

    An interaction with the fishermen would have brought it out that there are over 40 landing sites in the Lamu archipelago more than double the court considered.

    Further, due to the remoteness and large distance to market fish in these sites fetch lower prices thus many fishermen prefer landing sites in Faza, Amu town, Malindi and Mombasa.

    With many parties calling for negotiations among the two countries the fate of the thousands of fishermen must now be in the hands of diplomatic agencies across both sides in consideration that both sides need each other and the Bajuni nation knows no boundaries.

    Disclaimer! Views expressed in this article do not necessarily represent those of Kenya Insights.

  • Kenyans Buying Their Way To Early Graves As Cartels Infiltrate Pharmacies With Counterfeit Drugs

    Kenyans Buying Their Way To Early Graves As Cartels Infiltrate Pharmacies With Counterfeit Drugs

    The wanton sale of substandard and counterfeit medicines across the country is fast becoming a public health crisis. In what has become a dangerous trend, crooked importers are minting money from fake pharmaceutical products while endangering lives of Kenyans.

    Yet again, the Pharmacy and Poisons Board has raised the red flag over the sale of fake cough syrups and antibiotics. And last week, the agency’s inspectors impounded drugs valued at Sh2 million being brought into the country via the porous borders. The fakes were reportedly being ferried by people who did not have requisite documentation and could not explain origin of the items.

    Not long ago, the board closed 40 unlicensed pharmacies in Nairobi. Similar crackdowns in the counties have led to the arrest of medicine hawkers and quarks trading in restricted medicines in open-air markets.

    At this rate, we have every reason to be worried. With fakes still finding their way into the market defying provisions of the Pharmacy and Poisons Act, Kenyans could be buying their way to an early grave. From fake beauty products to contraceptives, the risk is untold. In recent weeks, some dealers have marketed dubious substances as Covid-19 medication. The quality and safety challenge is more pronounced on prescription drugs.

    It is an open secret that the lucrative pharmaceutical industry, with an annual turnover of more than Sh300 billion, has been infiltrated by cartels and illegal importers who do everything to cheat the system. However, what’s more worrying are claims of government complacency, leading questionable accreditation of practitioners and importation outside the law.

    We call on the board and other regulators to be vigilant. Illegal outlets and the shadowy characters behind them should be fished out. Practitioners guilty of poor work ethics should equally be dealt with. Let agencies mandated to regulate the practice harmonised operations to ensure efficiency. Life is sacrosanct and no one should endanger lives at the altar of profits.

  • Kenya Medical Training College (KMTC) being steered by political motives and slowly fading away its worth and pride.

    Kenya Medical Training College (KMTC) being steered by political motives and slowly fading away its worth and pride.

    Kenya medical training college (KMTC) is undisputedly, undoubtedly, unarguably the best among the best medical training institute in Kenya and in Africa. KMTC rightfully boasts of producing fully baked, authentic and focused graduates into the healthcare field market and this have in a bigger proportion assisted in the realization of Universal Healthcare (UHC) in Kenya under ruling Jubilee party’s big four agenda.

    Actually the institute has no worthy competitor in Kenya that even Bachelor degree graduates humble themselves before the kmtc Diploma graduates in relation to the depth of practice and knowledge Kmtc pumps into their students. The market favors them and employers prefer them for they have all it takes – fully baked.

    But political forces have taken over the operations and decisions of the institution all the way from the board members and has corrupt the reservations, public respect and the system of the institution.

    From the previous chairman of KMTC Prof Philip Kaloki  whose contract expired in April this year 2021, publicly admitted to be having political ambitions come next year 2022 general election. Gubernatorial position – Makueni county preferably on wiper ticket this time round. Prof Kaloki a one term MP for Kibwezi constituency before it was divided into Kibwezi East and West, Prof Kaloki lectured at Dallas Baptist University and failed to win in his attempt to clinch the gubernatorial position on a Jubilee ticket in previous election. 

    Kaloki used his position as the chairman of KMTC board of directors to impress his home county and double up his scorecard by constructing KMTC campuses in Nunguni in Kilungu, Kaiti constituency whose functions were only delayed by the Covid-19 outbreak.

    The embattled kmtc boss also opened another KMTC college in his home area of  Emali. All these in addition to existing Makueni KMTC in wote. He liased with politicians to do the same in their respective constituencies to increase their political scorecard.

    Prof Kaloki successfully managed to hold hostage the entire KMTC college from the procurement process to employment; he dished out tenders to his tribesmen and buddies and employed people from his Kibwezi backyard, he managed to display and practice his illegalities with IMPUNITY.

    Old organogram

    He restructured KMTC’s organizational structure and controlled the board to oust CEO Prof Kiptoo whom they had personal wrangles which were marinated and circled around Kiptoo’s disinterest in his nepotism, tribalism and corruption. He abused power in office and has intergrity case, a matter before the Court.

    Reformed Organogram

    Every politician especially Members of Parliament are working their way to use every available resources at their disposal to grasp attention of the board to establish college branches in each of their constituencies to gain political score card points of NG-CDF development. 

    KMTC apparently has 71 campuses branches in Kenya with many more new ones yet to be launched under construction.

    The rapid rate at which KMTC is opening and establishing its branch colleges in the eve to next year’s general election is alarming being that the board directors, members have expressed their low tone political interests. Its downplaying quality of the service. The hoodwinking picture to a regular thinker is development but the interior motive behind these move is political. Here’s why;

    Since September 2017, kmtc have had reduced intake in numbers and many branch campuses across the country have failed to admit new comers till to date in almost all departments, one example is Medical Laboratory Science department who haven’t had admission in 5 of its contrywide campuses for the last 4 years. The admission energy has shifted to Certificate courses like Orthopaedic where admissions are overflowing and the market is already getting overflooded. The Orthopaedic department we’re told is the most underfunded with resources; inadequate lectures and teaching equipments -with available lecturers hired as external with some many campuses only having one permanent on permanent basis with student intake population hitting over hundreds. Monkey business.

    The available campuses are recording and complaining of inadequate facilitation  in terms of development funds allocation which is due to reduced intake that have been recorded in the past 3 years. Lots of funds have been channeled to new institutions they’re building all over the country in a super spreader exodus that’s alarming.

    The existing old campuses are left in limbo as the funds are being chaneled to meet ambitions of the political class behind the wheel. It’s now Quantity to the board over Quality service. 

    There are complaints all over, from the students and also staffs of the institution as they’re the sufferers due to the bulls fight.

     


    KMTC needs to get back on its steady-healthy form, KMTC is limping and simping, KMTC need to value quality over quantity.

    Only Increase the campuses with an aim lower the college fees and increase the quality service of the available properties, staffs and subordinate staff. Increase the campuses and increase lecturers, if you cant afford qualified lecturers in terms of numbers then seize the exercise of expansion. Quality over Quantity is the core value or else you’ll cripple. 

    Increasing campuses in every village now to increase your income in fees and flooding graduates to the overflooded field market is like a monkey business. It’s like supermarket business being done but in denial – by same monkeys and just different forests.

    KMTC board must re-asses itself and value quality over quantity then have limit for quantity.

  • Business Genius Or Well Dressed Wolf? Shoddy Deals Peels The Mask Off Devki’s ‘Guru’ Narendra Raval

    Business Genius Or Well Dressed Wolf? Shoddy Deals Peels The Mask Off Devki’s ‘Guru’ Narendra Raval

    Until recently when the hell broke lose over the Mumias Sugar Company’s purported revival, Narendra Raval aka Guru as he’s known in his circles for his prowess to cut deals and come up with genius business ideas that have placed him amongst richest people in Kenya, Raval was just a wealthy businessman with a clean slate and a philanthropist who rides in a boda boda to work.

    He hasn’t received much negative press like in the past weeks perhaps a good job from his PR team that ensures his image remains Snow White.

    Until the secret deal that Raval had drawn with Mumias Sugar’s receiver manager Ponangipalli Venkata Ramana Rao was uncovered, all was well as Devki sold the narrative that he was all out to revive a dead company in the tune of Sh5 billion

    So good was his selling points that he said his bid was not to make money, he says, but to revitalise it and give cane farmers livelihoods. Of course that was a plain lie, even world’s biggest philanthropists like Bill Gates don’t ‘help’ entirely without securing their business interests, even philanthropy is business, good for tax evasion by the way from the tax exemptions.

    All was going smooth until the Devki-Mumias deal blew up in parliament with Western politicians reading ulterior motives in the deal.

    It emerged that the leasing process of Mumias Sugar Company Limited was done in secret between Raval, Rao and allegedly in liaison with Kakamega Governor Oparanya.

    Political leaders from the Western region, where the plant is located, made public statements seeking more information while calling for transparency in the take-over process.

    Speaking on behalf of those leaders, Amani National Congress leader Musalia Mudavadi said the struggling sugar firm is a strategic facility in the region and that locals must be fully involved.

    ”KCB Group which placed the company under receivership must be careful how it picks an investor to revive it because the person or firm that comes in will require the goodwill of the leadership, farmers and other stakeholders,” Mudavadi said.

    Lugari MP Ayub Savula has asked the receiver-manager at the troubled Mumias sugar firm P. V Ramana Rao to declare the amount of money he has made from the sale of ethanol.

    “We’re aware that the KCB has negotiated with Narendra Raval who is ready to pump Sh5 billion in the revival of the company.  Rao must make public how much money he has made from ethanol and how much he has repaid KCB,” Savula said.

    When the lid was lift and things started getting nasty, Devki tactfully pulled out of the deal citing protection of their reputation and giving a chance to an open leasing process, this was an afterthought, at first the company was okay going through backdoor to win the lease and on being found with hands in the cookie jar, pulled back to play saint. Devki was aware there wasn’t any public bidding process which is unethical and ridiculously announced withdrawal from a which had not been announced or started, plainly admitting to have attempted playing dirty.

    However, Devki’s problems were from over as renowned activist Okiya Omtatah filed a petition in court to stop the leasing of Mumias Sugar Company as it was marred in secrecy and Rao had manipulated the process in favor of Devki.

    The petition unmasked relationship Devki had with Rao and to a larger extent how Raval seals his some of his deals behind close doors and by using his high connections to get ahead of his competitors in unfair business practices.

    In the petition, Omtatah says it is only when Rao was summoned to the Senate that he disclosed that he had invited eight investors.

    The companies include Catalysis Group of Russia, Sarrai Group of Uganda, Kruman Associates (France), Kibos Sugar and Devki Group, which are both from Kenya, Premier JV (India), Third Gate Capital Management and Godavari Enterprises, India.

    It has also emerged that none of the eight bidders he secretly invited to bid had the capacity to revive the company, leading to fears that a plan was underway to dispose the company off to Rao’s cronies for a song.

    Omtatah says that the fears that the Receiver Manager is conflicted were further reinforced by the fact that, while he was the receiver manager at Kwale Sugar Company he sold scrap metal to the purported lead bidder, Devki Steel Millers Ltd.

    Incidentally, Western leaders had pointed out that given Devki’s past relationships and deals with Rao, the two were scavenging for scrap metals in Mumias which Devki deals in, curiously, the Mumias Sugar takeover by Devki looked like a fine blueprint of Kwale Sugar so the fears of leaders that Devki was coming to Mumias for scrap metals are believable.

    In his petition to oust the questionable receiver manager, Omtatah also claimed that Rao took over the Mumias Company to ostensibly “protect its assets and to the best extent maintain its operations,” yet the company was processing ethanol, from molasses bought mainly from the neighbouring Butali and Busia sugar companies.

    In the court documents, Omtatah says that instead of reviving the company, Rao has mismanaged the ethanol operations and shut them down in March 2021, thus halting all manufacturing operations at the company.

    Also, without proper planning, he ploughed 677 hectares of the Nucleus Estate but failed to plant sugarcane on some 307 HA, letting the effort go to waste.

    He adds that he is aggrieved that close to two years after taking over in 2021, the receiver manager has not published a general statement of affairs on the assets and liabilities of the company as at the time he took over and made known the efforts he has taken to protect the assets of the company and the interests of investors (including farmers), creditors, and other parties.

    He also said Rao has not published periodic reports on what he has done to reduce the KCB Group debt that is responsible for the receivership or published a general statement of affairs on the current state of the assets and liabilities of the company.

    He reiterates that he is aggrieved that the receiver manager has been on site for close to two years with nothing positive to show for it.

    “To make matters worse, he has neglected many assets of Mumias Sugar Company, including the Nucleus Estate and machinery, resulting in the company making huge losses due to the deterioration of the assets,” he adds.

    While answering to the senate over Auditor General Nancy Gathungu‘s report to anomalies flagged in the 2018/19 financial year, an exchange between Governor Oparanya and Senator Malala revealed more about Devki and the relationship Raval has with the Governor.

    The melee started after Malala alleged that Oparanya’s administration has been dishing out county contracts through direct procurement to Devki, the financier who was supposed to take over Mumias Sugar Company.

    The allegations arose from an audit query where Gathungu flagged procurement of fertiliser at a contract sum of Sh305.01 million by the county government.

    According to the report, the county procured 135,000 25kg bags of planting fertiliser and 90,000 bags of top dressing fertiliser for maize.

    However, the county did not award the tender to bidder one and bidder two that had been recommended.

    Instead, it awarded the tender to Mavuno brand fertiliser, who was bidder three without notifying the other bidders.

    “Had the supplies been procured from bidders No 1 and No 2 at their respective process, the cost would have amounted to Sh238.50 million instead of Sh305.01 million. Management would as a result, have saved Sh66.51 million.

    In his response, the governor said the law does not require the procurement entity to notify other bidders.

    He added that Mavuno was picked as it had the type of fertiliser the user department needed after consulting the Kenya Agricultural Research Institute on the appropriate type.

    But Malala immediately shot to the floor, saying while the governor’s explanation was scientifically correct, he had issues with the mode of procurement.

    “Your response is scientifically correct, but I have an issue with the contract. Why was the first and second bidders not awarded?” he posed.

    He demanded that the governor and county chief officer in charge of agriculture disclose the proprietor of Mavuno.

    The governor said he did not know the proprietor of the firm a response that triggered the senator to table a document, alleging that the firm is owned by Devki.

    “The owner of Mavuno is Devki.  Is there any relationship between the governor and Devki. Three year ago you gave Devki a go ahead to lease Mumias,” he claimed.

    The governor insisted he had no relationship with Devki.

    “I don’t know him. You think you are the only person who can speak,” a visibility agitated governor hit back as the situation escalated.

    Previously, Sugarcane farmers had flagged efforts by the Governor to rig the deal for Devki Group.

    The farmers from Western region have warned Kakamega Governor Wycliffe Oparanya against meddling in the leasing process of Mumias Sugar Company.

    The farmers accused the governor of misadvising Mumias Sugar Receiver Manager Pongangipalli Venkata Ramana Rao to disregard the directives of the Senate.

    The Senate Committee on Agriculture recommended that the process of leasing Mumias Sugar Company should start afresh and that it must be done in a fair and transparent manner.

    However, Governor Oparanya, over the weekend appeared to discredit senators saying that they have no powers to direct Mr Rao how to carry out the process.

    “We are privy to the information that Governor Oparanya is asking Mumias Sugar Receiver Manager to ignore the recommendations of the Senate and bring in Devki Group Limited, we shall resist,” said the farmers in protest of Oparanya’s bias to Devki.

    Curiously, Oparanya has been having an interest in Mumias takeover and warned severally against it, it therefore doesn’t take brainer to how Devki was secretly pulled in, pitted the lead bidder and by connections pushed for the seal by the governor.

    Dominance

    There has been proxy wars as it could emerge that Rai’s family made a bid for Mumias through their Ugandan subsidiary Sarrai Group, which among other installations, owns a sugar and plywood business in Uganda and Malawi. Rai family are the dominating sugar industry shareholders in the country and one of the bidders for Mumias takeover, were to meet their longtime foe in the fight for sugar dominance.

    A rivalry has existed between the Rai and Raval with the two wealthy businessmen trying to outdo each other, Rai has made attempts to penetrate the cement market but Raval with his methods has ensured it hasn’t happened like in the case of ARM takeover that he kicked Rai out. By attempting the Mumias takeover, Raval was taking the war to Rai’s doorstep.

    Rai is the sugar magnate controlling 44 per cent market share through his three millers – West Kenya, Sukari Industries, and Olepito Sugar.

    Raval, popularly known as Guru is the king of steel through his company Devki Group has been expanding his empire into cement business.

    In 2015, a Nigerian magnate approached Guru, with a proposal to acquire part of the Devki empire as a means of accessing the East African market. Mr Raval turned down Mr Dangote’s offer.

    He has since been expanding rapidly and he beat Rai to the court battle to take over Athi River Mining (ARM) where Guru emerged the winner and gave him teeth into cement and fertilizer business.

    ARM deal made Guru’s National Cement Company (NCC) which manufactures the Simba Cement brand, the second biggest cement maker in the country.

    National Cement expansion saw it merge with Cemtech in West Pokot with significant limestone and clay deposits that are key components in its production.

    Raval is also erecting a second 1.8 million metric tonnes per annum clinker line in Kajiado where construction started this year.

    He is also setting up another 0.75 million metric tonnes cement plant to be built in Kilifi County while the 0.88 million metric tonnes is still underway and was to be commissioned in mid-2020.

    Unhealthy Competition

    The king of Kenyan cement and boss of Devki Group, Narendra Raval, has been aiming to become the sole supplier of raw materials to his competitors. Raval has been lobbying the government to raise the import duties on clinker from 10% to 25%.

    The clinker wars that favors Devki attracted cries from close competitors like Savannah Cement who accused Raval of using his proximity to Statehouse to lobby for unfavorable terms to his competitors in bid to lock them out and cement his market dominance which they termed as unhealthy.

    Raval has had cordial relationships with the Kenyatta government as well as the previous Kibaki government. There have been claims that he uses his proximity to power to cut deal, claims that he naturally dismisses.

    On March 9, 2018, President Uhuru Kenyatta handpicked Raval to replace Shem Oyoo Wandigaas the Egerton University chancellor.

    Like the late Chris Kirubi, Raval has also been a power broker an instance of how played a big role in ensuring that Kenya’s third President Mwai Kibaki appointed Kalonzo Musyoka as his vice president after the disputed 2007 polls, as Kalonzo confirmed in his 2016 memoir, Against All Odds.

    Raval’s philanthropy has been felt more so during the COVID-19 pandemic where he donated oxygen to all government and county hospitals in the country. He was also appointed by Uhuru to the Covid-19 Emergency Response Fund Board. Its primary mandate was to mobilise resources for an emergency response towards containing the spread, effects and impact of the COVID-19 pandemic. Other objectives of the fund included  supporting the government’s efforts in the supply of medical facilities and equipment and support for vulnerable communities with their immediate needs, including food.

    The fund would later be rocked with misappropriation of funds as flagged by the Auditor General.

    While the world is all praises for Raval, he has equally been criticized by workers rights groups over welfare of workers in Devki steel factories. Allegations include, Workers being hired and fired on temporary casual contracts even though those who’ve worked for years. Poor wages and lack of adherence to occupational safety & health requirements a mater that had put the company on the spot after five workers died in an explosion. The company’s labourers claimed the company flouted labour laws saying they worked longer hours and that most of them were not supplied with protecting gear.

    In 2015, he featured in Forbes Magazine, among Africa’s top 50 richest people, with his fortune estimated at Ksh40 billion then.

    Companies under his solely owned Devki Group conglomerate include Devki Steel Mills Limited, National Cement Company Limited Uganda, Maisha Mabati Mills Limited and Northwood Aviation Limited.

  • Why BBI Appeal case will sail through and with the help of CJ Martha Koome.

    Why BBI Appeal case will sail through and with the help of CJ Martha Koome.

    Unofficial list of judges that will hear the BBI appeal case have been laid out and its just a matter of time by Tuesday 29, June next week – the list herein will be made official by the President of court of appeal Justice Musinga.

    • Justice Rosylene Nambuye.
    • Justice Wanjiru Karanja
    • Justice Agnes Murgor
    • Justice Fatuma Sichale
    • Justice Jamila Mohammed
    • Justice Mohamed Warsame
    • Justice Hannah Okwengu

    This list elucidate the deliberate move earlier on by Chief Justice Martha Koome to reshuffle court of appeal judges by transfering ‘the liberals’ out of Nairobi station and transfering inn “state conservative” to be based in Nairobi and of whom will make the much anticipated 7 bench judge to hear annuled BBI by High court.

    From expeditious swearing inn of the 34 judges, the swift reshuffle of Court of Appeal judges was a move wantonly done in preparation to the BBI appeal hearing that lies ahead – so as have the best dancers to dance to the tunes of BBIs reggae and the Executive in the appellate court.

    In the new Court of Appeal reshuffle, Justice Musinga will serve as President at the Court of Appeal Nairobi while Lady Justice Hannah Okwengu will serve as the Head- Civil Division, Nairobi.

    ‘Liberal’ Justice Mohamed Warsame is the COA Representative to Judicial Service Commission, Nairobi and Justice Asike Makhandia will be the Head Criminal Division, Nairobi and Justice Kathurima M’Inoti will serve as Director, Judiciary Training Institute, Nairobi.

    Lady Justices Roselyn Nambuye, Wanjiru Karanja, Agnes Murgor, Fatuma Sichale, Jamila Mohammed, Hellen Omondi and Justices Imaana Laibuta, Sankale ole Kantai and Msagha Mbogholi transfered to Nairobi.

    ‘Anti-state machinery’ or rather ‘Liberalists’ judges Justice Patrick O. Kiage transfered to serve as Presiding Judge in Kisumu together with Justice Francis Tuiyott and Lady Justice Mumbi Ngugi.

    Justice Gatembu Kairu transfered to be the Presiding Judge in Mombasa together with Lady Justices Pauline Nyamweya and Jessie Lesiit in the new reshuffle.

    High Court – BBI annulment ruling

    In the 5 bench high court judges who included Justices Joel Ngugi, George Odunga, Jairus Ngaah, Teresia Matheka and Chacha Mwita – ruling on BBI, the High Court had found that the President acted in excess of his powers and contravened the Constitution, in particular Chapter Six, when he initiated and promoted a constitutional change.

    The five-judge bench, in a judgement that was read virtually for more than four hours, said the 14-member BBI taskforce and the steering committee led by former Garissa Senator, the late Yusuf Haji, was an illegal entity.

    The bench led by Justice Joel Ngugi said the President made a fatal legal mistake in attempting to change the Constitution through a popular initiative, an avenue that is not available to him.

    “He should have used parliamentary initiative by petitioning the National Assembly through the Attorney-General to consider the desired amendments,” the court ruled. 

    They described the BBI process as “a presidential initiative guised as a popular initiative,” and allowing it to be sustained amounts to having the Head of State as promoter and referee of his own initiative.

    Appointment of the 34 Judges.

    Those who took the oath of office were seven judges heading to the Court of Appeal, 10 to the Environment and Land Court and 18 others to the Employment and Labour Relations Court.

    JSC had recommended the appointment of 41 judges in August 2019 but one died in a road accident last year 2020.

    President Kenyatta, however, appointed 34 judges leaving out justices Joel Ngugi, George Odunga, Weldon Korir and Aggrey Muchelule, all currently serving as High Court judges and who were to be promoted to Court of appeal.

    Judges approved for the Court of Appeal were Msagha Mbogholi, Hellen Omondi, Mumbi Ngugi, Francis Tuiyott, Pauline Nyamweya, Jessie Lesiit, and Imaana Laibuta.

    He deliberately rejected George Odunga, Prof Joel Ngugi who would sabotage his appeal case on promotion to the court of appeal.

    He also rejected Evans Makori and Judith Omange Cheruiyot, who had been recommended for the Labour Court.

    The Court of Appeal is required to have 30 judges but currently has 13 judges, following the retirement of some judges and promotion of others including justices Koome and William Ouko, who were elevated to the Supreme Court.

    ………………,,,,,,,,,,,,,,,,,,,,,…………….

    Experts have always complained and its no longer a rocket science that Court of appeal is the weakest link in the judicial system in Kenya that filibusters the justice system in this country.

    The High court stands on firm ground and fights through thick and thin as Liberals to protect the law and constitution  but the Executive enjoys the allegiance of the court of appeal.

    The Executive no longer feels endangered with court orders and treats them as tissue papers, the Executive are proven guilty of contempt of court orders every time but are no longer worried as they have link attached to the weakest link court of appeal where they seek refuge and enjoys massive support.

    CJ Martha Koome was handpicked to head the Judiciary and we all know that, even herself knows that, and all we expect is her to dance to the tune of the Deepstate that handpicked her.

    Through her, the Executive will triumph, BBI will sail through unconditionally.