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The stalemate between the government and the striking doctors seem to move from bad to worse as details emerges that the Doctors council are facing serious threats on their lives from state officials as a tactic to coerce them into calling off the strike that is on its third day consecutive with cosmetic negotiations put up by the government.

Information gathered by Kenya Insights from key players in the negotiations process point at an ugly and uncouth crisis management . KMPDU council are facing threats of physical violence. To the point that they fear for their lives should they fail to call off the strike by the end of the day. Kenya Insights gathers that the officials  are being followed around town by cops in private vehicles, and also getting phone calls from Joseph Kinyua. The inclusion of Eric Kiraithe in the negotiations between KMPDU and Afya house is part of the larger threatening tactic.

So far it is Afya House that has been avoiding negotiations, postponing meetings while claiming the doctors don’t want to negotiate, they even don’t turn up at all. Yesterday they pushed the meetings till afternoon and even after that they were unwilling to negotiate. Today the KMPDU council has been told by Kinyua that he expects the issues to be resolved.

But at the same time Muraguri the health PS is making threats and claiming he can support the KMPDU’s chairman bid for Senate seat which can easily be read as a bribery motive. Yesterday,  the Secretary General was followed around town for hours soon after his interview on Citizen.

The pressure to end the strike is from highest echelons including Joseph Kinyua of statehouse but Afya House is refusing to accept CBA and is also sabotaging their own negotiation talks while making overt threats and physically following the doctors around.

Muraguri who now exhibits toxic psychotic behaviour of issuing threats around is worrying for a state official and should be kept at the furthest distance from any public office. Barely weeks have passed since Muraguri was in the headlines for making threats to a Daily Nation journalist who was following up on a graft story at the Afya House where 5B had questions raised on.

President Kenyatta needs to fire the PS for lacking the ethics of a public servant and being a key factor behind the Strike stalemate as well as being responsible for the lack of accountability in the missing 5bn of ministry funds.

With escapism taking center stage , distorted facts have been doing rounds on the stalemate . Here are some of the points to note down:

1) 2011 December, the doctors’ union (KMPDU) called for a strike citing various challenges in the health sector including but not limited to the working conditions of doctors.

2) 2011 December a committee was formed chaired by the then Minister for Finance (now our president Uhuru Kenyatta). It was agreed that their grievances were valid. Some concessions were given in the Return to Work Formula with the promise that further discussions between various sectors (Ministry of Health, Public Service Commission, Salary review commission and the union) would work out a longer term plan that will address human resource issues in the health sector particularly touching on doctors.

3) After long drawn out discussions in 2013 June, a Collective Bargaining Agreement (CBA) was signed by the then PS for Health (Mr Mark Bor) and the union that discussed amongst others, how doctors were graded in the public service scheme, promotions, training, disciplinary actions, grievances, transfers between counties and central government, research fund for enhancing medicine, postgraduate training, internship postings, working hours for doctors etc. It actions nelson provided a scheme of service that was a revision of the current one that dates 1994!

4) Under the labour laws, it is the responsibility of the employer (in this case the Ministry of Health) to file the CBA with the Industrial court for implementation.

5) Since 2013, the union has been given the run around by the Ministry of Health regarding them implementation of the legally binding document. The SRC was mandated to advise the Ministry of Health on the proposed salaries from the union. They have never done so. The union also wrote to the Labour Ministry citing the above matters but no response was received.
The Public Service Commission in May 2016 also approved the much needed Scheme of Service for doctors. The Ministry of health to date has never gazetted it.

6) After much frustration, the union went to court in 2015. One year later October 2016, the court issued a ruling upholding the legality of the CBA. Apparently, the Ministry of health were denying that they were party to it. The court ordered the concerned parties to iron out the contentious issues within 30 days. After the days elapsed without any progress, the SRC requested for an additional 15 days which were granted. The discussions were not held.

7) In November 2016, the union, under the protection of the constitution (which is above all laws) filed a 21 day notice for a countrywide strike. The notice ended on 4th December 2016. The strike commenced on 5th December 2016 affecting all public health institutions and supported by all doctors irrespective of their work stations.
The CoG went went to court to render the strike illegal. The ruling of this second court bears no weight as the constitution of Kenya protects and gives the right to go on strike once due process process is followed.

8. The Union will take NOTHING less than the CBA and the Salaries in the CBA MUST be implemented and Backdated from 1/7/2013. And any talks can only be on how to adjust the Figures for INFLATION and LOSS OF TIME.

As ancient tactics of back to work checks in, Muraguri and his counterparts need to know  Kenyans cannot be threatened into working for this government and the doctors should consider mass resignation. They are not SLAVES.

In what started as a normal tweet several months ago with Blogger Cyprian Nyakundi asking for an apology and withdrawal of statement from TV Presenter Larry Madowo following a publication on his Daily Nation column and blog post linking him to an extortion racket, things have grown to nearly unmanageable heights.

Madowo had tainted Nyakundi’s image as an extortionist following an audio clip that was floated around by blogs. In the audio that has since been cannibalized by the truth, Nyakundi was approached by Bidco with a bribery motive to keep silence on exposing dirty dealings within the Vimal Sha’s owned empire.
Larry ran with the story only for the truth to come months later in yet another exposing audio clip where the PR Head for Vimal is heard apologizing to the contact blogger and Xtiandela for having manipulated the audio leaked previously knowing the initial intent. But that’s beside the story.

Nyakundi as sued Madowo for defamation, and he had the bulk of task to prove that Nyakundi had attempted to extort Bidco and heavier that his accusations on Bidco’s malpractices in Uganda were wrong. Luckily for Madowo he scooped a corporate and high riding lawyer Donald Kipkorir while all indications were he was being sponsored by Bidco. Don’t get me wrong but facts will remain facts, Madowo with his NTV money can’t afford DBK lest he turns to the streets begging, but that’s just a punchline, truth, though.

Madowo had been unable to prove the allegations and had continuously disobeyed court orders against speaking on the matter outside court. Madowo has openly talked about the issue on his social media pages forcing the blogger to push for a contempt of court file against him.

The High Court has today ruled for Nyakundi with Madowo slapped with a possible jail term and heavy fine as compensation to Nyakundi who claim Madowo has severely damaged his good reputation that he’s built over a long time. In the initial stages when Nyakundi threatened to sue Madowo he laughed it off telling the blogger to take a loan for the bruising legal battle ahead. Now that that tables have flipped, Madowo could be on his way to Faulu Bank to beg for a loan.

Bidco has been disowned by UNDP after investigations on their operations in Uganda.UNDP found the company to have engaged in gross environmental damages, abuse of human rights and by associating they’d put their reputation in a line leading to the sidelining. Coincidentally, it’s over the same issues that Madowo has to prove Nyakundi lied about, talk about ramming into the wall.

Madowo is expected to personally appear before the courts on 16th Dec where the judge will make the definitive ruling on the civil jail and fine.

Jeff Koinange remains one of the most famous and iconic journalists not only in Kenya with Africa. He has several journalistic achievements that saw him grace CNN screens years back and also he hasn’t been taint free from a staged story in Nigeria that saw him fired by the CNN president himself and a sexual assault case with a white lady, a ghost that has refused to disappear.

JKL, a show that grew from the bench which originally aired on K24 and gave it the brand that it has now, remains one of the most watched t.v. Shows in the country. According to estimates, JKL has a 10M viewership on every episode that airs twice weekly.

With the high rankings, JKL has been the one stop show for all dignitaries visiting the country and the delicious dish every politician salivating for an appearance given its reach. Initially, we must agree the show was objective and helpful; it gave voice and space to discuss various issues affecting the country.

It goes without mention that Koinange has used the show to push different agendas in subliminal gestures. A good example is the ICC matter where he recycled same guests who had the same message and agenda of swaying public perceptions. The classic example is fugitive David Matsanga who was mentioned as being a key role player in tampering with OPP witnesses. Matsanga turned JKL into his market where he could come as frequent to shout his lungs out.

Over the time, JKL transformed into a corruption laundry stop; it’s yet to leave many minds that Jeff was one of the few journalists who gave Ben Gethii the NYS theft centerman, a stage to defend himself days after the scandal exploded. The charlatan took the opportunity to spew lies and sanitize himself only for the truth to come out months later. Critics have said, the show has turned into a propaganda platform, and anyone tainted in corruption springs faster than Bolt to the live show to sway the public. Jeff has also been accused of being partisan by leaning to his cousin’s Jubilee.

JKL has in the recent months been faced with harsh criticisms from agendas and choices of guests. Recent dramas included Boniface Mwangi walking away from the show when Jeff conspired with Moses Kuria to storm the show which was plotted to be Mwangi’s alone. As if the blunder wasn’t enough, heated debate between Miguna and Passaris would live to be the last mistake and nail on the coffin.

A show that was meant to discuss Nairobi Gubernatorial race turned into an ugly misogyny, insulting, and a degrading show. The egocentric and loose canon Miguna didn’t mince his words attacking Passaris going as far as making rape jokes. Jeff’s primary sin was letting the exchange go on live t.v. Without moderating leading to the escalation.

The ugly show would see Koinange slapped with suits and petitions from various bodies next day and a murderous social media rage. This, not the worst that has happened to Jeff from his show, he was at one time forced to spend a night in the cold cells following debate he had with Tony Gachoka and touched on a case before the courts against the businessman, Jimmy Wanjigi. He had to part with 1M penalty to be set free leaving Tony’s ass to stay in the cold for days sourcing for the bail cash. Gachoka would later get banned from the show.

High probabilities that JKL would be moving back to its mother station K24 where it’s assured it won’t face political interference since for obvious reasons it will share the similar political lane. Insiders tell Kenya Insights, owners of KTN couldn’t bag anymore the political alignment the show took and the complaints kept on coming from the audience. The reputation of the company was at stake, and it has to let it go.

As Jeff moves to the next station, it will be the same monkey just a different forest; nothing much should be expected to change unless he turns to Willis Raburu to bury his serious career and start hosting celebrities and dabbing with college kids on live t.v. However, he has time to soul-search and look back at the mistakes he made and make adjustments but until then, good riddance by KTN.

Koinange was losing his relevance at a disturbing rate. The brake is a blessing in disguise giving him the chance to take a deep breath and to redeem his image .

The report acknowledges that a partnership with Bidco “could adversely damage UNDP’s reputation and the communities it seeks to help”

Embattled Ugandan farmers fighting threats and land grabbing by Bidco have praised a draft report by U.N. investigators that calls into question the company’s business practices.

The report is the result of a complaint by the Bugala Farmers Association to the U.N.’s Social and Environmental Compliance Unit (SECU).

In the complaint, the farmers stated that the United Nations had not performed sufficient due diligence on Bidco before inviting it to join Business Call to Action, which is part of the United Nations Development Programme (UNDP). The farmers provided evidence that Bidco has engaged in human rights, labour and environmental violations in the Kalangala District of Bugala Island, Lake Victoria, Uganda, where Bidco has grabbed land from smallholder farmers and cut down over 18,000 acres of rainforest to make way for a large-scale palm oil business.

The U.N. investigators found fault with the decision to invite Bidco into partnership with UNDP: “After the fieldwork and additional research, SECU concluded that the processes employed by UNDP for admission of Bidco were not consistent with UNDP policies.”

The report acknowledges that a partnership with Bidco “could adversely damage UNDP’s reputation and the communities it seeks to help”, and Bidco’s activities “may be considered risky”.

Kenya-based Bidco has tried to distance itself from the allegations of land grabbing and environmental destruction in Uganda, but the UNDP investigators found there is a clear link between the company’s corporate structure, overseen by CEO Vimal Shah, and operations in Uganda.

The investigators also determined that Bidco’s claim of not being involved in land acquisition in Uganda is not accurate. Bidco “knew of, relied on, and encouraged the purchase (of land) by the government.” Bidco Uganda also was “engaged in decisions and discussions related to the purchase,” the report says.

John Muyisa, a representative of the Bugala Farmers Association, commended the work of the U.N. investigators, who visited remote Kalangala District as part of their research.

“We are very pleased that the United Nations has performed an objective evaluation of its internal processes and determined that it is risky to partner with Bidco. The United Nations is a globally admired organisation, and it is absolutely correct that, as the report says, ‘Communities should be empowered’ and not be trodden upon by predator corporations like Bidco.”

In light of the report’s findings, the Bugala Farmers Association has called on the United Nations to terminate its partnership with Bidco.

Family Bank has been under pressure in the past week following malicious message that went viral online alleging that the bank was being out under receivership and incited the public to withdraw all their money last risk losing all on the bank getting frozen.

The woman identified as Christine Gachiko Njeri, 35 and who is a businesswoman in Nairobi was arrested Friday evening from her house by detectives from Banking Fraud Investigation Unit. Unit boss Ngatia Iregi said they had been investigating the matter since Wednesday when the message started to spread on social media.

Family Bank becomes the second to be hit with such a similar rumors after Prime Bank which was feted for a collapse. There’s a crisis in the banking system following the revelation that more than 10B of NYS money was siphoned through commercial banks which are now under investigations throwing into panic consumers that they risked losing their money on eminent closure.

Social media was highly blamed for the collapse of Chase Bank. It’s irresponsible to use social media to disseminate false messages like that on Family Bank. Practicing responsible blogging and only sending verified information should be prioritized.

The family had to fight off bulk withdrawals sparked by the panic messages doing rounds on Social Media. It’s unfortunate that evil minds are taking advantage of the distrust and lack of confidence In the banking system to pounce on their competitors.

The bank management has given securities and assurance that the bank is in its stable state. If the trend of malicious messages is allowed to continue, the banking system will remain unstable and with mounting trust issues. Consumer confidence should be at an all time leveled.

The bank said it was in a strong financial position and well within the statutory requirements as governed by Central Bank of Kenya, “a fact that is easily confirmed through the return that we make as required by law.”

“We thank our customers who have stood by us despite the negative messages going round and urge them to continue supporting the bank,” a statement published in media said.

PAC investigations has unearthed that upto 28 banks were involved in the NYS scandal which forms the bulk of the basis of the malicious message against Family Bank.It raises eyebrows why of all the banks involved , Family Bank has become the isolated target.

It’s worthy noting that as banks come under attack on the NYS scam , the silent perpetrator remains CBK who as the regulator gave the transactions a clean bill of health before proceeding. So by doing the transactions on NYS on CBK nod, Faniky Bank was simply charging its fiduciary obligation. Unlike Chase and Imperial Bank whose grounds of malicious mesages touched on corporate governance issues , Family Bank matter is far fetched and different as it only circles around NYS scandal . sources of such alarming issues should factor in that empires take time to build and killing a home grown companies over unfounded grounds need to be ashamed . Authorities should clump on such dishonest characters and evil players in the banking industry .

By Mark Karisa

City Lawyer Tom Ojienda is putting up a fight to block Kenya Revenue Authority from recovering Sh443 million in alleged tax arrears.

On October 5, Ojiambo obtained temporary orders barring KRA from taking any action against him until a suit he filed is concluded. Ojienda has accused the taxman of unfairness.

KRA, in a letter dated June 7, demanded payment of Sh443,631,900 from Ojienda as total tax due to it for 2009-16. But the lawyer says the claim is illegal, and he should not be made to pay. In court documents, Ojienda says KRA has summed with all the money he has received since 2009, including unpaid bills, his clients’ money, proceeds from personal accounts to which he was paid salaries and other allowances, and treated it as his net taxable income.

He accuses the taxman of unlawfully subjecting his four bank accounts, three held at Barclays and one at Standard Chartered Bank to taxation, which, he says, is in violation of his fundamental rights. Stating that he receives and keep clients’ money as a statutory obligation and that money cannot be subjected to taxation as the taxman wanted.

He said it is unfair and unreasonable for KRA to seek claims on sums banked at his personal account. Ojienda says it is unfair that he is required to provide communication and documents between him and his clients, which were covered by advocate-client privilege.

He says it was wrong for KRA to issue an amended assessment dated September 5, purporting to assess a total of Sh378 million as tax dues and payable for 2011-16, without giving him a chance to be heard.

The battle has been marred with tribal bias class between Ojienda and James Mburu, a deputy commissioner of KRA who swore an affidavit against him. Ojienda claims the pursuit is dishonest and full of malice. Mburu in his affidavit says a payroll that Ojienda never deducted and remitted his employees’ income tax as required by law.

Dr. Robert Ayisi, the Nairobi County Secretary, who claims to have been frog-marched by KRA officers. Ayisi was arrested allegedly for declining to reveal crucial information to KRA on the payments made by the county to Ojienda and his law firm. He has since sued for harassment and humiliation, following his arrest and brief detention at the Times Tower.

The matter if tax fraud has hit several media publications even though the case is yet to be determined by the courts, KRA seems to have won the public court with sympathy seeking innuendos. While tax evasion is a severe economic crime, the judicial procedures must be respected and trusted in carrying out their mandate and give the breakthrough in this standoff between the law professor and the taxman before the public lynching. The imminent violation of individual space in the name of sniffing by the taxman shouldn’t be excused either but instead should adhere to the set ethical standards.

The case between Ojienda and KRA is still before the court shouldn’t be discussed in details to the media as it could incite unreal opinion and perception. Respecting the judicial components in serving fair judgement should not be tampered with. KRA need to through legal in addressing this stand off and do so by respecting the law.

It comes as good news that the Nairobi County has been stopped from selling the Sh500 million Eastleigh Public Market to the Alfa Traders who have been putting up a mall despite several court orders that they disregarded.

The Environment and Lands Courts division judge, Mr. Justice Samson Okong’o, who stopped the sale heard that the livelihood of over 400 traders is at risk.

The judge temporarily stopped the transferring of the market land to two businessmen Mr. Farah Mohammed Barrow and Mr. Ali Sheikh Mohamud trading as Alfa Traders or third parties.

Justice Okong’o barred the Nairobi County Government and Alfa Traders from transferring, selling, charging, leasing, dealing, removing from, excavating, damaging or developing the property on which the market is built.

On realizing loopholes and uncertainty on their land lease which the Ombudsman investigations determined to have been irregularly acquired and the NLC revoked, the Alfa Traders hatched a secret plot to sell units to third parties as a security measure. The alleged lease was canceled in 2009.

The court is being asked to “declare it as public land.” Meanwhile, the recently released Ombudsman report said the land a public utility as it has been listed since time. Kenya Insights for those who’ve been following updates have closed head and in this case that broadcasted absolute impunity with complete disregard to law.

Endless court orders and NLC blanket cessation orders have all been ignored, and the dubious developers went ahead with construction under police surveillance. The hawkers can only wish the court won’t relent and loosen the knot. Cases of public land grabbing have been on the rise in Eastleigh with wealthy businessmen taking advantage of the corrupt systems in the County Government and NLC to grab few remaining public spaces. We will be following keenly to see how things turn out to be. Next hearing is December 19, 2016.

It turns out the Sh.1.6B being floated as the amount lost in the NYS heist is just but assumed amount and the real figure stolen could be in more billions. This follows fresh revelations by PAC that more than 70% of Kenyan banks handled the NYS loot with up to 30 banks named contradicting the initial 18 number reported.
Members of the House team said they received information from the Devolution ministry that the banks have handled the cash since 2013.

PAC said it needs to question the companies and banks to establish if any impropriety was committed in their transactions.

The additional banks named Tuesday are:

• Equity Bank
• Diamond Trust Bank
• Cooperative Bank
• Consolidated Bank
• First Community Bank
• Bank of Baroda
• African Banking Corporation
• I&M Bank
• Paramount Bank
• Chase Bank
• Bank of Africa
• Transnational Bank
• Housing Finance
• Giro Bank
• Gulf African Bank
• Commercial Bank of Africa
• Ecobank
• Fidelity Bank
• CFC Stanbic.

Initially, the banks named included;

• Standard Chartered
• Sidian Bank
• Guaranty Trust Bank
• Barclays Bank
• Kenya Commercial Bank
• National Bank of Kenya
• NIC
• Jamii Bora
• Old Mutual
• Faulu
• Family Bank.

Family Bank has been named as the primary recipient of the mega loot which was then transferred to individual accounts in other commercial banks. They were fined 1M alongside other two banks for failing to report the suspicious bulk transactions. Central Bank in latest update has given the go-ahead to the DCI and ODPP to institute investigations on the then CEO Munyiri over criminal involvement in the looting.

Banks as a regulation, are required to report to the Financial Reporting Centre (FRC) on transactions above 1M as a measure to curb money laundering. Most of the banks that handled the NYS money failed to report ending up aiding the robbery. As a measure of consumer confidence at a time when rogue bankers are putting consumers holding their hearts by the sleeves, action must be taken especially criminal charges on banks that permit illegal transactions as of this magnitude.