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Bro. Philip Munyao taking off to hairy heights as he brings back the missing real gospel music

By Nicholas Olambo
We are now living in a world where the difference between gospel music and secular is becoming slim by the day. There is an unending debate about the gap between industry and ministry, most of the mainstream gospel artists are swallowed by the industry, doing love songs and mentioning the name of Jesus or God in a line or two to qualify as gospel.

Bro. Philip Munyao is not doing that; he has managed to stay relevant and real. Serving what industry insiders and listeners will call gospel from instrumentals, lyrics and the entire feel of his songs. Based in Nairobi, the soft-spoken singer begun his music way back while in high school but recorded his first single ‘A better Kenya’ in 2016.

Produced by Jamal Malique of Starbel Records, the song carries an excellent blend of gospel and patriotic themes. Bro Phillip makes his prayer to God in this track that fronts for a better Kenya. He voices the message of the entire nation that is yearning for, peace, access to clean water, food, healthcare, education and improved infrastructure.

In explaining the broader meaning of the track, the singer says that it is a responsibility of every Kenyan to play a part in building the nation. ‘The government, lobbyists, and other policy makers have a great role to play, but the bigger dream can only be realized if the country pulls together’ notes Bro. Philip.

He is no doubt making good music which embraces both Christianity and love of the nation at equal measures. With a convincing reference to the national anthem, he notes that it was the vision of the composers and the founding fathers that we must always turn to God as the source of strength as a nation.

Not just a singer, Bro Philip also doubles up as a motivational speaker whose topics are mostly on entrepreneurship. One of the best ways through which the nation can develop, he does not miss to back his statement with quotes from the Bible. ‘Proverbs 14:34 – Righteousness exalts a nation’ he quotes.

Coming across a prayerful gospel artist is not common these days; Bro. Philip is a rare type. He urges the nation to turn to God to heal the land from corruption, drought, and terrorism. He quotes 2nd Chronicles 7:14 ‘If my people who called my name would humble themselves and pray and seek my face and turn from their wicked ways, then I will hear from heaven, and I will forgive their sins and heal their land.’

Twitter: @Munyaophilip / soundcloud.com/Philip-music

October 22, 2016
No Mr President, You’re Not Helpless

By Nicholas Olambo
A frustrated President Uhuru Kenyatta lashed out at anti graft agencies at governance, anti-corruption and accountability summit held at state house, Tuesday 18th. He sought to defend himself saying that he has done everything within his powers to strengthen the fight against corruption, including increasing the budgetary allocations to relevant agencies like the ever toothless EACC (Ethics and Anti-Corruption Commission) and firing ministers linked to corruption allegations.

The president claimed that his fight to end corruption has to some extent cost him politically, he also blamed the Auditor General of writing numerous reports about misuse of public funds without naming individuals who are solely responsible for the misappropriation.

The judiciary also got a good share of the blame for over six hundred pending cases of corruption which they turn to blame on the analogue system. The opposition too did not miss their share; they are blamed for using corruption to seek political mileage when it should be approached as a national disaster.

The string of blames signifies nothing but a lost war. Judiciary complains of receiving weak cases to jail any suspect when it’s already known that the thread of judicial philosophy of Kenya is pro rich. The rights of the accused work best with for the rich in this country. Machakos Governor Dr. Alfred Mutua, for instance, was accused of flaunting procurement laws but got a lifeline through another court to resist arrest.

The string of blames signifies nothing but a lost war. Judiciary complains of receiving weak cases to jail any suspect when it’s already known that the thread of judicial philosophy of Kenya is pro rich. The rights of the accused work best with for the rich in this country. Machakos Governor Dr. Alfred Mutua, for instance, was accused of flaunting procurement laws but got a lifeline through another court to resist arrest.

Nairobi governor Dr Evans Kidero also got an injunction stopping investigators from snooping into his bank accounts when he was facing the shs 200 million bribe he allegedly paid Supreme Court judge, Phillip Tunoi. Judiciary is rotten, and heads will not roll when only ‘small people’ are charged within months and thrown behind bars and corruption chiefs walk free and run for political offices, gubernatorial and presidential.

The useless EACC sits only in Nairobi in a building with ownership problems. Corruption is now devolved and rampant in the counties where wheelbarrows are bought at over hundred thousand shillings, and a mere gate costs seven million shillings. Its distinguished list of shame did nothing to curb the vice; its 175 suspects are all free and seeking their ways to elective positions. No one has been found guilty and thrown in jail.

Now as the blame game continues, the reality of corruption rests with ordinary Kenyans starving, left with medical facilities without medicines, free education funds are looted and public schools are under staffed. This is because criminal minorities impoverish the majority of Kenyans and the response is to blame games and frustrations, a clear sign that the cartels are winning.

The buck must stop somewhere for the underperforming agencies, DPP’s who can’t prosecute even a fly, a judiciary that only receives weak cases of corruption and EACC that has turned out to be a cleaning house for the rich and powerful. The president has the power to change heads or fix these agencies through the parliament where he has the support of the majority wing.

October 19, 2016
Probing Sonko Over Treasonous Remarks Nothing But Just A Waste Of Time and Resources

Keen eyes must by now have noticed that Sonko thrives in showbiz as opposed to substance. The legislator has nothing serious in his tenure that can be written home other than teenage moves that he keeps pulling to put him in the headlines.

Sonko knows well without the dramas that he consistently draws and the cosmetic philanthropy he broadcasts; he would be irrelevant. As an attention seeker and one who knows the relevance of being on people’s mouths regardless of the issue at hand, Sonko will continue to make the most of the bizarre moves just to keep him afloat.

The latest incident in which he declared himself acting president at a funeral wasn’t so shocking I mean what can’t Sonko do when it comes to acting stupid, childish and all, no one can beat him at his expertise. Like a shark in water, Sonko thrives well in imbecilic grounds.

The utterance he made somehow put him in trouble, well not concern really, so the DPP instructed CID to investigate and send the report for prosecution. He was grilled then left. Addressed media and denied everything, typical of every politician. Now everything I playing as wished with the media giving Sonko free coverage with headlines and all. He baits the media, and since the press is obsessed with sensational news, Sonko is such a rich source for useless news items.

Knowing his kids, the President has laughed off Sonko remarks urging people to ignore funeral talks which most of the times made by individuals intoxicated with the most lethal drugs in the market. He’s saying don’t take Sonko seriously; he’s a joker. Pride comes before fall, even though Sonko’s fall is still far from its edge, it sure will one day.

We all know there’s nothing that will happen to Sonko in this case, so the probing is just a mere waste of time and public resources. Sometimes it’s only advisable to let the madman walk around naked than rushing with clothes to wrap him; he won’t accept your offer.

October 19, 2016
Radio Queen Adelle Onyango Ropes In Kenyan and South African Stars On Her Breast Cancer Awareness Campaign

“To honour my mum I got a bunch of celebrities from Kenya and South Africa to share messages of hope around breast cancer.”

NAIROBI, October 17, 2016 – Top radio presenter and social activist Adelle Onyango has roped in celebrities from Kenya and South Africa for a social media campaign on breast cancer.

Adelle says it took her a “little over a week. Just to reach out to different personalities and now the collection continues as we roll out the different messages,” adding, “I want survivors to know that we celebrate them, breast cancer patients and family members to know we recognize their battle and are with them in strength and prayer, and for men and women to know the importance of self breast exams and regular medical check ups!”

Some of the celebrities who have lent their voices to the campaign include TV news anchor Janet Mbugua, rapper Shaq The Yungin, Israeli – Kenyan act Gilad, DJ Mikey, actress Brenda Wairimu, singer Angela Mwandanda, rap queen Femi One and South African star Nandi Tshabalala.

Commenting about the messages sent out by the various celebrities, Adelle said the one that caught her off guard and made her emotionally was by Janet Mbugua.

“Janet knew my late mum and when I played her audio she speaks about my mum, about how strong my mum was and it really just brought tears to my eyes. My mum passed way from breast cancer her anniversary of her death was on March 31,” the Kiss FM breakfast show host said. “We got listeners texting us about their loved ones battling breast cancer and how alone they’d felt until we spoke about it! Also to see male listeners find out for the first time that they too can get breast cancer. Knowledge is power!” To honour her mother’s experiences and life, Adelle and her sisters are very conscious about breast cancer. “Well for us, being that our risk is higher we are conscious about early detection all year long,” Adelle said, “When my mum was alive we would go for the breast cancer walks she would organize. It’s been hard for us to do that stuff without her around because it makes it more apparent that she’s not here. Personally I think this is the most vocal I’ve gotten since she passed away I hope that means I’m getting stronger!”

So, is there enough been done for breast cancer? “More can be done. Cancer is such an expensive disease to treat! And without the treatment it just spreads. We need to subsidize these costs. And also in rural areas, arm people with knowledge. Many seek treatment when the cancer is on its late stages because they misdiagnosed the symptoms at the beginning and wasted time. Also as an individual what type of lifestyle are you living? Some risk factors are controllable, like healthier diets (less fats), not smoking, less drinking,more exercise!” Adelle said.

October 17, 2016
Another Scandal; Ombudsman Questions The Sh12Billion For Matiang’i Relocation of Kenya Technical Training College to UoN Kenya Science Campus Premises

The Ombudsman has written to the Cabinet Secretary, Ministry of Education Dr Fred Matiang’i on the above-captioned subject.

In the letter, the Commission raises concerns over the directive by the Cabinet Secretary requiring the University of Nairobi Kenya Science Campus to vacate its premises on Ngong’ Road by 1st December 2016 to pave the way for the Kenya Technical Teachers College which has been instructed to relocate from its current location in Gigiri.

The Commission has recommended that the process of initiating relocation of the two institutions be put on hold to first address concerns of stakeholders.

October 17, 2016
Deplorable; Kenya Airways Paying International Flight Attendants As Low As Sh35K Salary

The national carrier that has turned from a pride of Africa to being a shame continue to get hammered despite their PR exercise to sanitize the filthy profile. Genuine worries that Kenya Airways is at the brink of total collapse given massive losses they continue to make.

An audit report conducted by Deloitte reveals from the ticketing, fuel and accounting to the baggage and cargo departments; the audit trail tells a story of plunder and theft. Most of the KQ ticket prices filed in its system were below the minimum seat cost as per its finance records. KQ issued more than 7 million seats between 2012 and last year at below price, resulting in a loss of $611.6M.

The auditors in the report, accuse the KQ management of allowing its staff to void, refund and reissue tickets, causing a revenue loss of $12 million.

With Kenya Airways in financial distress, it turned to Dubai Bank, at the time a crumbling financial institution that would later go under, for help. On August 18, 2014, the board approved Dubai Bank as one of the banks that KQ could obtain facilities from to a maximum of $5 million.

The auditors also found two repatriation transactions (one for ZAR3 million and one for AED2 million) in respect of which no payment had been received from Dubai Bank into a KQ Central Bank account. The total value of these transactions was $700,000, with two employees in the finance department found culpable. A loss of $5.2 million was recorded by the airline from these dubious transactions with Dubai Bank.

The scheme was so intricate that Baghel Deeraj of Dubai Bank operated a fake email address with Bank of Africa when he wasn’t a staff member of the West Africa-based lender.

As KQ woes continue to pile, internally the workers are subjected to the hostile environment. According to documents in Kenya Insights hold, staff members are disgruntled. A good number have downed their tools leading to several flights being canceled.

Workers are protesting in what they term as exploitation by Career Directions Limited (CDL), Insights Management, Strami and Trade Winds Aviation staff.

KQ outsourced recruitment to CDL also made arrangements with the mentioned companies in what seems like a bid to continue exploiting the workers and milking the dying Kenya Airways. The outsourcing is proving injurious to the employees as terms of employment don’t meet with KQ’s.

For the last five years, KQ has been procuring loading and grooming services from Trade Winds Aviation services at about Sh150,000 per individual employee per month, yet individual employees end up being paid mere Sh10K monthly. The rest, your case as good as mine, the outsourced companies apparently colluding with management to fleece the workers.

Information given to Kenya Insights by the section of KQ workers reveal an ugly truth that the company is paying the most pathetic and exploitative salary in the region’s aviation sphere. Flight Attendants world-wide are paid handsomely, and KQ is paying even International Flight Attendants As Low As 35K salary, yes you read that right, thirty-five thousand Kenyan money. Now you see why they won’t hesitate at a snap to move for other airlines. KQ is making enough money, but poor, selfish management is running it down.

October 16, 2016
How The Tax Evasion Racket And Foreign Stolen Cars Cartel Works In Mombasa With KPA, KRA Officials

By Nicholas Olambo
The entire month of October has been declared a taxpayers’ month to appreciate every hustler paying the taxman his dues. As KRA (Kenya Revenue Authority) runs this month long futile PR exercise, its rogue officials, cartels and rogue port officials are in bed.

Just yesterday KRA officers impounded two Range Rovers disguised as clothes. As usual, the two high-end cars and six hundred bicycles in a 40ft container were from the UK and destined to Uganda. As usual, they were not declared in an attempt to evade tax. This dirty business is booming under the watch of KRA and may not stop any soon because KRA’s senior officials and government officials are the major beneficiaries.
It’s no longer news that there is a string of cartels that collude with KPA (Kenya Ports Authority) and KRA officials to import big cars into the country fraudulently as goods on transit and evading tax and duty payments in the process. Not long ago, KRA recalled over 120 vehicles which were illegally imported by cartels in Uganda and Britain.

These vehicles that were declared as transit goods to Uganda but ended up in the local market have outstanding tax issues. It’s not a new trend; KRA has been sleeping on the job failing to hit its tax collection target because of its rogue officials who foster these crimes are never seriously brought to book.

George opanga is a KRA official known to be colluding with the cartels, operating alongside businessman Elijah Girimani, these two have been behind a conspiracy to evade tax by procuring uncustomed goods and George fraudulently messing up with KRA’s Simba online system. They are being put in and out of custody, delaying justice because they have ‘stolen’ enough to hire canning lawyers.

The courts are also big obstacles to bringing these criminals to face justice through serious punishment. KRA is on record pleading with the courts to deny the accused bails as they are flighted risks and their associates are being tracked by investigators.
They are the brains behind the importation of stolen luxurious cars, registration without payment of requisite tax like they did in July in respect to a Range Rover at JKIA customs warehouse. The dirty deal saw the taxman lose over six million shillings.

Girimani who denies all the charges brought against him is one unscrupulous businessman who procured uncustomed goods having knowledge that import duty amounting to over Shs 4.5 million had not been deposited at National Transport and Safety Authority offices in Upper Hill.

Officials that cause the taxman these millions of losses are simply arraigned in court then given small bails, literally some mean cash that they pay and walk free. KRA staffers, Benard Ong’ayo, Nicholas Ambala and Fredrick Mwendia have been charged with conspiracy to evade payment of duty.

The racket that was launched in February is lenient, failing to net the cartels. They continue to operate as anonymous because some of them or their clients are high and mighty in the government. Water CS Eugene Wamalwa is a known beneficiary/ victim of the complicated KRA tax evasion syndicate.

His Range Rover that was that was deregistered was among the over 120 vehicles that were recalled by the tax agency. A whole cabinet minister who should be leading by example had his luxurious car, Range Rover V8 model (made in 2015) operating with a fake plate belonging to an Isuzu truck.

Vehicles stolen in the United Kingdom find their way into the Kenyan market through these dirty deals, Eugene’s Range was imported as house hold goods, in fact, cushions and couches. Nothing has been done to him. The lame excuse is blamed on faceless cartels as KRA hides in the desperate statement that some buyers are innocent customers. They simply lack guts to go for the big fish.

Tax evasion is a serious crime but the taxman only works round the clock to fleece the straining Kenyan any penny in his pocket. Now they are targeting to tax the shs 200 you send to your mother or your girlfriend via M-pesa and leaving the war on cartels unfinished. They claim to be interested in playbills/ till numbers.

M-pesa is registered, and the records are there to show all the transactions, KRA should go for the banks like Equity staff stationed in Namanga and other suspected banks like Cooperative Bank of Kenya, Commercial Bank of Africa and National Bank of Kenya that collude with cartels. Clearing and Forwarding firms and people in business like Anthony Maingi of Helix Company and Nelson Mugo Mwanzia of Excess Luggage Ltd for fraudulently conspiring or evading tax and duty payments.

October 14, 2016
Joe Kadenge Collapsing From Hunger Says More Than Meets The Eye

Retired soccer legend was rushed to hospital after he collapsed Wednesday while watching a football match at Toyoyo, Nairobi. Medical personnel who rushed him to the hospital said he was not breathing well amid complaints of hunger. The legend famed for ‘Kadenge na mpira’ phrase had been ailing a few weeks but got better and was discharged.

The story of the kind of life the legend is living has been told a million times, but it lands on deaf years of the government. Kenya is known for caring less about its sports legends when girlfriends and family members of sports officials are given free rides and accommodations to Olympics.

The manner in which sports are treated in this country is so biased that some benefit at the expense of others. Soccer is the biggest sport in the world, but it’s not treated with the same respect in Kenya despite the country having produced some of the best players in the region.

We are not strangers to the number of times Harambee Stars players have complained of unpaid allowances or have been on the go slow for the same reason. This has affected the performance of the national to the extent of toppling them from being a top team in Eastern Africa.

The Kenya that would hold soccer greats like Nigeria, Cameroon in the mid-nineties is no more due to poor leadership and lack of government support. The majority of Kenyan soccer players are from Western and Nyanza; the regions have no proper stadia or any good soccer facility to write home. Scouting of new talents is mostly done in Nairobi locking out many upcoming soccer stars in those parts of the world.

Not just Joe Kadenge, the entire soccer fraternity is not treated like athletics. Over 90% of the runners are from Rift Valley, that’s where scouting is done though neighboring regions like Kisii has produced good long distance runners too, Western has the potential to produce short distance runners, but the focus remains only in North Rift.

The region (Eldoret) boasts of the good sports facilities, 64 Stadium received a good face lift, in fact; Olympic trials were held there. Athletics legends have been appointed to the administration of the sport they once excelled in. The 1972 Olympic legend Kipchoge Keino who is now tainted by corruption is the chairman of Nock (National Olympic Committee of Kenya).

Kadenge is ignored and left to languish in abject poverty but God forbid the day the worst will happen, the government will rush to take care of the funeral expenses, politicians will cling on any desperate reason and tell stories to identify with the family. They will not mean any good but that will only provide a better platform for politics and opportunity to woo the community’s vote.

It’s a shame that the most celebrated soccer legend in Kenya collapsed due to hunger, he is a hustling taxi driver who recently could not afford kshs 95,000 for the eye operation and had to depend on good wishers to step on the bill.

October 13, 2016
Pesa Onge: Dumped and Forgotten Imperial Bank Depositors As Looters Enjoy Freely

On October 13, 2015 a major bank in Kenya closed its doors without notice, due to the unnecessary instructions from the Deputy Governor of the Central Bank of Kenya (CBK) by placing the bank under receivership and put in the administration of Kenya Deposit Insurance Corporation (KDIC), claiming the bank was trading inappropriately.

Imperial Bank Ltd (IBL) had all funds in the bank frozen leaving depositors without any access to their funds. Now 12 months later only a small amount of funds have been released to the small depositors leaving retirees, people in business and investors with no means of support.

The Imperial Bank Directors brought in a UK company to carry out a forensic investigation report; however, CBK has not made the report public!

The only information the depositors have received is from leaks within CBK to newspapers indicating bribery and corruption to the highest levels in the CBK in which it is reported key top officials in CBK were bribed to place IBL into receivership and ensure liquidation of the bank so as to hide the scandal of unsecured loans not serviced for years by IBL directors, CBK auditors & WE Tilley.

The depositors have now embarked on a campaign petitioning the President of Kenya and the Governor of the Central Bank of Kenya, requesting that they intervene in helping in the arrest of all the corrupt individuals involved in the fraud of the funds from Imperial Bank depositors including those in their own departments, the release of the forensic report, transparency of financial events and records since the bank closed its doors PLUS the full payment of the funds to the Imperial bank depositors making good, this shocking breach of investors’ confidence.

The Authorities need to take into consideration the Miserable Plight of the Imperial Bank Depositors who have been reduced the “Status of Ultra Poverty “…with Every Passing Day Ushers in Despondency & Degradation in Our Vicious Society Where those who Commit Crimes Whether they be Economic Saboteurs or Using Brutal Force, both Using their Criminal Brains to Defraud & Fleece the Common Citizens of the Country with Ease ….as they are the “Untouchables” Freely Bribing their Way through the Echelons Of The Law.

When is this all Going to Stop?

Is there No Justice at all In Modern Day Kenya? Why are the Criminals Roaming Freely with Impunity…..Who are the God Fathers Offering them Sanctuary & Safe Haven to Further Indulge in their Immoral & Unethical Behaviour?

ARREST THE MAFIAS & GOONS & PUT THEM BEHIND BARS WITH NO MORE REPRIEVE TO CASH BAILS. CONFISCATE ALL THEIR PROPERTIES BUSINESS OR PERSONAL & FREEZE ALL THEIR ACCOUNTS & ATTACH ALL THEIR PROPERTIES WHETHER WITHIN THE COUNTRY OR OUTSIDE OUR BORDERS. THEY SHOULD PAY THROUGH THEIR NOSES.

HUMBLE & PASSIONATE APPEAL TO ALL THE COMMUNITY LEADER’S WHERE THESE MAFIAS & GOONS HAIL FROM. …TO STOP GIVING THEM UNDUE ATTENTION & PRIORITY & PLATFORM TO FURTHER SUBJUGATE THE COMMUNITY MEMBERS AS IF NOTHING HAS HAPPENED.

Kenya Insights as part of of our social good responsibility, enjoins the depositors in pursuit for justice which will result in getting back their money.

October 12, 2016
Eastleigh Hawkers Course To Get Their Grabbed Land By Private Developer Derailed As Kidero Fails To Implement Cessation Orders

The hawkers in Nairobi’s busy business hub, Eastleigh are left in desperation state after being left in darkness following failed promises from the Nairobi County Government and National Lands Commission to give them back their land illegally being held by Private Developers, Alfa Traders.

The parcel of land that the Alfa Traders claims has been a market space for the hawkers before they were violently displaced on the takeover. Ombudsman came to the Hawker’s relief in their report that found the land to be a public entity open for the traders and at the same time figured out the alleged land lease held by the dubious contractors was fake.

The commission recommended the Nairobi County Government to repossess the land and allocate it to the hawkers and also for them be compensated for losses incurred when their stalls were destroyed during Alfa Traders violent takeover. Commission also recommended for the Chief Valuer of lands at City Hall to be relieved of his duties since he was caught to be part of the land grabbing cartel.

The National Lands Commission present during the Ombudsman’s Eastleigh report launch, promised to give a conclusive report on the ownership of the contested land as early as the start of September.

Two months down the line, nothing has been forthcoming from both camps with Kidero mum, no cessation steps, all charlatans in City Hall seated pretty, NLC hasn’t given their report as promised. The hawkers are left asking themselves on who to turn to next since their operations have been stalled. The Business Community in Eastleigh ordered them out of their few available spaces.

Deputy President, Ruto recently attempted to intervene and his recommendation to have the traders move to a small piece of land around Pangani wasn’t welcomed.

Kenya Insights has established that despite all the orders on the Duping contractors to stop construction, nothing has changed and they’re continuing regardless. It gets interesting that the illegal construction is ongoing under a full police guard. Someone in the system has been compromised to facilitate the illegal construction. From our investigations, the developers have resorted to a bi-weekly construction that happen only at night with gun tooting plainclothed officers guarding the premise.

Who’s misusing state resources in frustrating the helpless hawkers, why is the the county government feigning disability in dealing with the private developers, why can’t Kidero adopt the Ombudsman recommendation to weed out the corrupt elements in his office that are facilitating land grabbing. Why is NLC silent on the report, why haven’t they released time within promised timeframe?

Who will guard the hawkers from the bully richmen who are grabbing every single parcel of available public land. The County Government seen to have gone deep into bed with the wealthy businessmen together with NLC leaving poor traders in desperate states with tightened cost of living.

Kenya Insights, embarks on a lengthy justice trail for the traders and will push the agenda to shame the bully traders and the forces frustrating the hawkers steps.

October 11, 2016
Dadaab’s Broken Promise: New Report Criticizes Closure of World’s Largest Refugee Camp By Kenyan Government

“The deadline to close the world’s largest refugee camp must be lifted,” said Jan Egeland, Secretary General of the Norwegian Refugee Council (NRC). A new report released today by NRC criticizes the returns process from Dadaab camp in Kenya to Somalia, as no longer being voluntary, safe or dignified.

The report, titled Dadaab’s Broken Promise, says that the decision by the Government of Kenya in May to close the Dadaab refugee camps has led to a situation where the voluntary returns process does not meet international standards, and breaks the agreement that Somalis would be assisted to return home safely and voluntarily.

“We are willing and able to enable voluntary return, but the pressure to push more than 280,000 registered refugees from Dadaab camp has led to chaotic and disorganized returns. From what we have seen on the ground, it is no longer voluntary, dignified nor safe,” said Jan Egeland.

“Refugees in Dadaab need international protection. The Kenyan government and the UN refugee agency should reinstate the organized and voluntary process of return under the Tripartite Agreement. The unrealistic deadline must be removed before the situation further deteriorates,” Egeland continued.

The Tripartite Agreement for the voluntary return of Somali refugees from Kenya was signed by the Kenyan and Somali governments and UNHCR in 2013. It was based on international law and created a framework in which returns were to be organized.

“The initial returns programme under the 2013 Tripartite Agreement was largely a success, as it saw Somalis would be assisted to reach their return locations safely and with dignity. We should return to the terms of this agreement, rather than simply aiming to push back as many refugees as possible,” said Egeland.

NRC’s new report highlights the major failures of the current returns process. In addition to failing to meet international standards for voluntary return, the report finds that refugees returning to Somalia are not sufficiently protected. It also reveals that the pressure to speed up the repatriation process threatens to create a revolving door scenario.

“The number of vulnerable Somalis planned for return far outstrips the resources available to support them in Somalia,” warned Neil Turner, NRC’s Country Director in Kenya. “Sustainable return should form a key component of the returns programme. It must prevent families ending up in displacement camps in Somalia or returning as undocumented refugees to Kenya.”

Over 80 per cent of the population in Somalia lives in poverty, and over one million people are internally displaced. Basic social services and infrastructure are mostly non-existent or at best limited. In addition, the security situation in many areas remains fluid. An overwhelming 74 per cent of Somali refugees in Dadaab said in August that they are not willing to return yet, largely fearing insecurity in Somalia.

Facts and figures
• Over 900,000 Somalis are registered as refugees, mostly in neighbouring countries.
• Kenya hosts more than 335,000 Somalia refugees, including over 270,000 in Dadaab refugee camp.
• An estimated 1.1 million people are internally displaced in Somalia.
• Somalia is one of the poorest countries in the world. 43 per cent of the population lives on less than US$1 per day, and the life expectancy is just 51 years.
• Somalia ranks among the five least developed countries in the world, according to the UN’s 2012 Human Development Index.
• Five million people in Somalia – more than 40 per cent of the country’s population – do not have sufficient food. This includes more than 300,000 children under 5 years who are acutely malnourished.
• About 3.2 million people in Somalia need emergency health services, while 2.8 million people require improved access to water, sanitation and hygiene.

October 11, 2016
Dirty Tricks Lawyers Used To Help Uhuru and Ruto Out Of The ICC Noose and Their Handsome Rewards

They came, they spied, and they conquered! No sooner had the soil dried up on the mass grave resulting from the termination of the Kenyan cases than the pieces of the mysterious Hague trials began to come together. The role played by some of the who’s who in the legal fraternity, some of whom were involved in the pre-ICC investigations into the violence, is particularly intriguing.

Nobody can alter the fact that following the bungled presidential election of 2007, Kenyans slaughtered each other. In the madness, 1350 family members, friends, and neighbors were murdered, and 650,000 countrymen were displaced. Various local inquiries were held. Six suspects were indicted by the International Criminal Court (ICC) in The Hague: Uhuru Kenyatta, William Ruto, Joshua Sang, Francis Muthaura, Henry Kosgey and Major General Muhammed Hussein Ali. They famously became the ‘Ocampo Six.’ All of them got off scot free.

In March 2015, a professor wrote an article in one of the local dailies. The hawk-eyed professor had been reading the ICC’s Office of the Prosecutor’s 26 August 2013 pre-trial brief for the case against President Uhuru Kenyatta in close detail. The professor was surprised to see two of the names that the prosecutor was linking to alleged witness tampering. She was surprised because she recognized the names from the independent national investigations into the turmoil.

One of them, a lawyer, had links to the Commission of Inquiry on Post-Election Violence (the Waki Commission, named after its chairman, Justice Philip Waki). In building up their case against the ‘Ocampo Six,’ the OTP had significantly relied on this Commission’s findings. According to the article, the lawyer was “in Kenyatta’s defence team”. But, the professor also recognized him from the Waki Commission, “when he served as a victim’s lawyer and, as such, attended many of the Commission’s public and in camera hearings”.

Together with two others also working for the defence, in February 2011 the lawyer had, according to page 46 of the OTP brief**, approached three witnesses with the intention of identifying other witnesses and buying their silence. The OTP had claimed that the lawyer in question is Mbuthi Gathenji, identifying him as “a lawyer working for defence”.

As late as mid-2015, Gathenji, a renowned lawyer, was also the chairman and board member of the Centre for Justice for Victims of Crimes Against Humanity (CJCH). He was quoted in a report by reliefweb.int which described Gathenji as “the head of an organization representing several victims.” The NGO’s website (now inactive) also described it as a Kenyan NGO, founded as a result of the post-election violence (PEV). It provided legal and technical assistance to victims. Furthermore, the website confirmed that the NGO had indeed participated in the Waki Commission, specifying that: “The Centre invited the intervention of the International Criminal Court as early as April/May 2008.” To further strengthen his work with PEV victims, in March 2011, Gathenji also had a short stint as the legal representative of the victims in the ICC’s Case against Ruto, Sang and Kosgey.

It remains unclear when he shifted alliances. But by 15 April 2016, during the Thanksgiving rally hosted by President Kenyatta and his deputy William Ruto to mark the end of the ICC cases, Gathenji was duly introduced as one of the Kenyan lawyers who worked for Kenyatta in his ICC case. The introduction was done by Kenyatta’s chief lawyer in Kenya, Ken Ogeto.

Does this amount to a conflict of interest? That can certainly be argued. And, taking into account the Prosecutor’s allegations of witness tampering, it could suggest a whole lot more. Gathenji may have used his knowledge from his work with the Waki Commission and the ICC’s victims unit to supply information to the defence that they would not otherwise have had. At the very least he must have bolstered their position. Yet, there are even more puzzling links between some of the lawyers of the ‘Ocampo Six’ and potential ICC prosecution witnesses.

Ken Ogeto, Gershom Otachi and Evans Monari

The circus and drama surrounding the Prosecutor’s frustration in getting the police to testify now comes into play. During the investigations in 2010, the OTP requested sworn statements from a number of Kenyan state local officials, including five provincial commissioners, six provincial police officers and dozens of district commissioners who were stationed in the areas where the violence broke out. In October of the same year, these officers went to court in Kenya to block their summons to testify. Their lawyers were none other than Ken Ogeto (who later turned out to be, at first Muthaura’s, and then Kenyatta’s ICC lawyer), as well as Gershom Otachi and Evans Monari (who both later reappeared as Major General Ali’s ICC lawyers during the 2011 pre-trial stage).

Expecting the local officials to willingly give testimony against either Muthaura or Ali would have been naive. Ali was in charge of the police at all levels. Muthaura was the permanent secretary to the cabinet and head of the public service, roles that allowed him to have influence over the provincial and district commissioners. And, both these local and top national figures shared the same lawyers. Moreover, Monari was first assigned to Ali by a government body during the Waki Commission’s investigation in 2008. So, it is likely that Monari also attended the Commission’s public and in camera hearings. At these hearings, he probably already heard the evidence, if any, against Ali which would have been passed along to the ICC.

Did some of these lawyers work extra hard to block any testimonies by local officials who could potentially incriminate their (soon to be) clients at the ICC?

Ali’s lawyers were quick to point out during the ICC’s confirmation of charges hearing that the OTP had failed to show that the police were part of a criminal plan and that Ali led/contributed to that project. Ironically, the same lawyers were part of the legal machinery that had made it impossible for the OTP to collect crucial evidence from officers in the first place!

Rewards for a job well done

In their last show of might to the ICC to mark the end of their cases, Kenyatta and Ruto put on their peacock hats and strutted and paraded these lawyers in front of the public, to thank them, together with others, during their celebrations at Afraha Stadium in Nakuru in April. Today, after fighting the ‘good’ fight, these lawyers all hold comfortable positions in the government, peacefully enjoying the privileges of playing court jester to the king. In April 2015, after the termination of all the Kenya cases in The Hague, Ogeto and Otachi got appointments to lead parastatal boards. Ogeto is the chairman of the Anti-Money Laundering Advisory Board, while Otachi is the chairperson of the Geothermal Development Company. Meanwhile, Mbuthi Gathenji is a country assembly (a local government), legal advisor. There is no record of a government appointment for Monari.

Clearly, it took many years for the OTP to realize that it was dealing with a complex justice web. When it started to do so, the web was already so intricately woven that it was impossible to see through it. Even a veteran spider could not have made heads or tails of it.

*Omwa Ombara is a US-based Kenyan journalist.

*M.A. is a Kenyan based in Europe.

Credits to Justice Hub

Disclaimer: This article expresses the author’s opinion only. The views and opinions expressed here do not necessarily represent those of www.ke-insights-staging.hbgtjqf6-liquidwebsites.com or its Editors. We welcome opinion and views on topical issues. Email:[email protected]

October 10, 2016
Expert Analysis: Money and Politics In Kenya, Why Grand Thieves Are Worshiped

In diverse societies, people tend to appreciate different practices, which are pleasurable to those who assume positions in various public offices and that is irrespective of the activities having a retrogressive impact towards the society in general. Also, owing to the political affiliation with a concentration of unreasonable emotional aggrandizement, not to mention the strong abilities of the people to disregard social and economic development then it has become easier to cement poverty everywhere irrespective of one’s political affiliation.

There is the need to save Kenyans from themselves and their leaders who have no principles and live like climbing plants. It is so, because of the unique characteristics of Kenyans, which include their abilities to blatantly disregard facts, laud those who unashamedly offend the law, bow down to those who utilize their ethnicity to substantiate the ‘national objectives,’ just to mention a few.

It is noteworthy that there are many models of assistance that the citizens can pick from; for instance, the old known channels such as the executive and the legislature. However, they too need someone to save them from themselves, as they are the drive to the hardships that Kenyans are capsulated in; however, before casting stones, it is prudent to determine if it is right to officiate such an act.

The early debates developing from the critical observations of great philosophers such as Thomas Hobbes and Jean-Jacques Rousseau, whereby the former alludes that humans are born wicked and need to be shaped by the society while the latter asserts that people are born innocent and corrupted by the society, can be useful to understanding Kenyans.

Also, it is of the essence to appreciate before a child is born, there are high possibilities of the foetus to be affected by external factors such as music, the mother’s stress, etc.; therefore, that shakes the observations made by the philosophers.
Out of the three factors mentioned above, it is clear that what appears as influential is the impact of the society on the foetus or the born child. In Kenya, apart from other influential factors such as religion, it is evident that ethnicity takes precedent.

Ethnicity is the beauty and ugliness of Kenyans. Also, the Constitution of Kenya approaches it in a bipolar mode; thus, it appreciates the different ethnic cohorts but warns against discrimination on the line of ethnicity. Therefore, it is undisputable that ethnicity is a vital element in nation-building or destroying. For instance, Dr. David Ndii wrote about “Kenya is a cruel marriage, it’s time we talk divorce” the article is an excellent piece that reflected the words of the philosophers mentioned above, inclusive of John Locke. The doctrine of Social Contract, which in Kenya is best provided for under Article 1 of the Constitution of Kenya.

In as much as the approach developed by Dr. David Ndii is viable, it is not necessarily advisable to run for it as it can be the last option just like the nuclear codes that the President of United States of America has everywhere the president visits. For instance, if nuclear families tend to differentiate, then it is impossible to assert that a particular ethnic group will lead itself without having problems of underdevelopment and discriminations based on family trees or clans.

It is time for the people of Kenya to be rewired by the few sober minds that tend to be disregarded by the corrupt minds in the society. It is time to appreciate the value of the money in the hands of the peasant more than that in the hands of the “leaders.” For instance, if a troubled leader offers a peasant Kshs. 200 to beat up another peasant and on the other hand, the peasant who is the target offers Kshs. 200 to the person who intends to attack him or her so as not to be beaten, there are high possibilities that the peasant swayed by the leader will still beat up the other peasant. But who has the real value of the money?

If the citizens of Kenya will value their differences and realise their immediate needs as individuals and citizens as a whole, and that unlike pre-colonial period where people thrived on ambushing each other and having unquestionable beliefs to the then clan or community leaders, then there is hope for tomorrow.

As of now, the people of Kenya live like tribal soldiers who are on the battlefield, not to mention the Game Code of Conduct does not guide them, therefore, they are equal to robots that have malfunctioned after pressing non-tolerance button towards other ethnic groups and those that dissent to their ethnic “political goals”.

Author: Ombo Duncan Malumbe
Education: Kenya School of Law (2016 – ’17)
Mount Kenya University, School of Law

Disclaimer: This article expresses the author’s opinion only. The views and opinions expressed here do not necessarily represent those of www.ke-insights-staging.hbgtjqf6-liquidwebsites.com or its Editors. We welcome opinion and views on topical issues. Email:[email protected]

October 10, 2016
Student Sheds Tears After Adelle Onyango’s Self Awareness Talk At Machakos Girls High School

“...So the emotions just rolled down her face. It was so humbling. A reminder that, what I’m doing and my story, is influencing and inspiring so many people!” – Adelle Onyango

NAIROBI, September 10, 2016: Over the weekend, radio queen and social activist Adelle Onyango joined three other top female personalities in a mentorship event dubbed #NajijuaNajiamini held at Machakos Girls High School.

Hosted under Champs Foundation, the campaign is a brainchild of radio presenter Mwende Macharia, who hopes to use the campaign to “create awareness among young people aged 15-24 years on self empowerment, self confidence and self appreciation”.
For this edition Mwende invited Adelle together with radio presenter Mwalimu Rachel, gospel star Bahati and Liz Marami, the first female marine pilot.

“It’s powerful when, we, ladies in the media get together to inspire and mentor our little sisters. The illusion of jealousy is just that, an illusion. What we are doing is bigger than us,” Adelle explained.
Adelle gave a talk to the hall full of teenagers about the importance of being self aware.

“I spoke about my journey, roughing it out even after losing my parents, especially my mum. I gave a speech about speaking your success into existence. Moulding your identity but leaving room for you to grow and unlearn things. I emphasized about the company you keep, basically, you are the average of the four people you hang out with,” Adelle said.

After her talk, one of the student’s – Georgina – was overwhelmed with emotion and narrated how “she always listens to me since I joined Kiss FM. She even knew I joined in 2013!!!!! She always dreams about joining not any radio station but Kiss FM! So the emotions just rolled down her face,” an equally emotional Adelle said, “It was so humbling. And a reminder that, what I’m doing and my story, is influencing and inspiring so many people!”

This is part of Adelle’s desire to create social change and empower the girl child; she is also the brand ambassador of Intel® She Will Connect.

Recently, she joined over 150 women from Narok in a week long digital literacy programme that is aimed at giving women and girls the opportunity to acquire or improve their digital skills while expanding their understanding and use of technology.

A unique platform was used to dispense the training – a custom built trailer with a 40ft container that has been redesigned to become a digital classroom equipped with PCs, internet connectivity, digital screens and trainers that can accommodate 30 women at a time for training.

Narok became the first county to benefit from the Intel® She Will Connect Digital Caravan that will embark on a nationwide tour visiting other counties including Machakos, Muranga and Nairobi and will be a major boost to ongoing sector efforts to bride the large technology gender gap in Kenya.

Following the week long training in Narok, it is envisaged that the women and girls will have tools to enable them to attain skills to improve their education, enhance their political participation, have a stronger voice in their communities, and increase their income by connecting to new economic opportunities available online.

October 10, 2016
Third Force Politics, Illusion That Stands Zero Chance In Kenyan Space

Desperate moments call for desperate measures, the former chief executive of the Committee of Experts; Dr. Ekuro Aukot was once a relevant man who enjoyed the limelight. Those days are gone, and he is the exact opposite now. Am told he is going to vie for the presidency in Thirdway Alliance Kenya; a movement he purports to be representing a better alternative to rescue Kenya from tribalism and poor leadership.
Dr. Ekuro is a respected academician who can do something better, not representing himself as a busy body desperate for a government job. There is no place for the third force in the current political layout, in politics, you are either for or against something. You can’t challenge the government and the opposition at the same time. That is total confusion.

These are futile attempts that were once harbored by the likes of Raila’s sycophant James Orengo, Martha Karua, Koigi wa Mwere and so on. These individuals had their dreams crushed by politicians who had deep pockets and ability to mobilize their tribes to rally behind them. Ekuro should not flatter himself thinking that the times have changed and Kenyans have learnt.

Kenyans never learn, especially if your intention is to desperately criticize the government and opposition to get a job. It’s no secret this guy applied to be appointed a cabinet secretary, why then should he turn to campaign through his Twitter handle to discredit the same administration he wanted to sever in? What changed and what difference would he bring in case his midday dreams came true?
Characters like him are known, trying so hard to be political saints, but they represent nothing fresh other their names. This guy cannot decline cabinet appointment neither can he decline to be ODM/Cord’s legal adviser. He is not any different from the guy from Emunyulia (Baraka Muluka) who does nothing other than criticizing his former boss, Raila Odinga.

Muluka is so desperate for a government job to the extent of dreaming of President Uhuru passing by his village and have his elders request the president to appoint their son (Muluka) to work in his administration. ‘Kizuri chajiuza, kibaya chajitangaza’ the Swahilis say. PLO Lumumba tried this, spoke all the vocs, got tired and hid, Tony Gachoka was on a mouth running spree; spoke every political nonsense for and against both sides of the political divides. He got no job and went underground.

Ekuro should identify what he stands for, the sad story he is telling of being a son of a nomad from Turkana is not any from that told by the hustler, DP William Ruto. No one pays attention to that. And is he joining politics because some folks have been in the game for a minute? It’s your relevance that will determine your longevity.

Enough said third force has no place in the current politics, even Ababu who had or has similar dreams got lost in the air and landed in the arms of an old granny Dr. Julia Ojiambo to bring ‘change.’ The battle lines have been drawn, and the 2017 polls are going to be a two-horse race between President Kenyatta and the Former Prime Minister, Raila Odinga.

That’s the sad fact, even ANC Leader Musalia Mudavadi who finished third in previous general elections is already indicating his willingness to join hands with Cord. If you can’t beat them you join them, Musalia is former Vice President and Deputy Prime Minister of Kenya, who is Ekuro? He is a political nobody who has never beaten even a village elder in a political contest. What has he to unseat Uhuru or end Raila’s long time in politics?

October 9, 2016
Possible Implications On Burundi Pulling Out Of ICC And Lessons From Kenya

By Nicholas Olambo
The government of Burundi has said the country is pulling out of the International Criminal Court (ICC) and ‘they’ are ready to face the impacts of withdrawing. The cabinet announcement came six months after the court’s Chief Prosecutor, Fatou Bensouda, indicated she would investigate the unending violence.

Political turmoil erupted in Burundi in April 2015 when President Pierre Nkurunzinza indicated his bid for a third term. The violence has seen hundreds killed with thousands fleeing to seek refuge in neighboring countries like Rwanda. President Paul Kagame (Rwanda) is on record requesting Pierre to stop producing more refugees.

The mantra that only Africa has the solution to its problems is a loose narrative that does not work for the civilians. The African Union whose body language supports the withdrawal of many African states from the Rome Statute has let Burundi down. AU chose to send peace delegation over peace troops to Burundi for mere threats from Pierre Nkurunzinza. How would his small force defeat over 50 nations?

AU, under its charter, has the power to intervene in a member state because of grave circumstances as war crimes, genocide and crimes against humanity without that member’s consent. AU chose to sit back and watch the unrest tear the small country into pieces stalling the idea of African solutions to African problems.

AU failed miserably to assert itself and cut a clear difference from what is was before, the lethargic Organization of African Union. Sending troops to Burundi was the opportunity to do that, but it chose to row back. The choice favored Pierre who was against the deployment of peace troops.

It’s the fault of Africa and AU to produce many ‘materials’ for the court, Pierre’s greed to force himself for a third term after intimidating the judges of the constitutional court to rule in his favor resulted into what can only be tried at the ICC. Ordinary Burundians have suffered and still continue to suffer under the watch of AU, a replica of the same is taking root in Congo but does AU care?

It will watch in silence but put every pressure to support a withdrawal of member countries and suspects at the court. The court was under intense pressure from AU over cases against President Kenyatta and his deputy, William Ruto for their alleged in 2007/8 post poll chaos.

AU has shown and will still demonstrate that it stands for the ruling African elites only and has nothing in favor of the ordinary African. Hundreds of ordinary Burundians are suffering under its watch; the same is the case in Congo and the Oromos in Ethiopia.
Burundi’s withdrawal from ICC is not in the best interest of the country but one individual, Nkurunzina who knows that he will be declared a wanted man by The Hague-based court sooner or later to answer to charges of war crimes, genocide, forcible transfer of population and crimes against humanity. He has chosen to take a path already supported by AU to insulate himself.

October 9, 2016
Demystifying The Lies That Chris Brown Broke A Female Fan’s Phone in Mombasa

The most anticipated performance of the year in Kenya finally came to reality when the international RnB star Chris Brown finally touched in in his private jet for one of the most expensive concerts in the recent times.

As he was making his way out of the airport to his waiting car, like he has been, Chris encountered an excited fan who asked for a selfie with him, but he politely turned her down saying “No baby.”

This video brings to an end debate. Chris Brown didn't break any phone only Crushed self esteem pic.twitter.com/nLE3SVvTTY #DeportChrisBrown

— Kenya West (@KinyanBoy) October 8, 2016

Unconvinced, the lady identified as Brenda Chepkoech, followed the superstar to his car and photos show the same. Reports emerged in the media moments after Chris left the airport on sections of media especially Nation Media Group that the singer had smashed the fan’s phone.

In an interview with NTV, who by then were under pressure to justify and give proofs that indeed the singer smashed her phone, Brenda says Brown grabbed her phone and threw it away when she was positioning herself to snap a selfie.

While it’s manner less and high scale psycho case to follow him even after turning down selfie request, it’s hard to believe the incident occurred since no footage has emerged to prove the allegations. It’s important to note near to 50 journalists were at the airport to receive the singer and all his steps from the jet to the car were covered. It’s nearly impossible for such a scuffle to go uncaptured with the dozens of cameras that followed him. The impact on her phone which from physical appearance look unscratched also disqualifies her allegations.

Enjoying her 40 seconds of fame, she’s showing the phone to journalists. You can see her phone unscratched

As usual, social media users who were sitting waiting for the pettiest moment to snap on took to Twitter trending #DeportChrisBrown basing their judgments on nothing but hearsay. No evidence to prove that he smashed the phone. This happening months after Koffi Olomide was deported following an assault on one of his dancers. The whole incident was caught on tape, unlike Chris.

She’s still having her phone with her as Chris Brown enters his car. Said in NTV interview that he threw it away when entering the car

Well, Brenda, you’re lucky enough Chris called you baby, and you can go around telling your friends Chris Brown smashed your phone, not a bad thing of you asked me. Learn to let go when one says No. Anyway, lies don’t stay for long; you can’t sustain a lie. It shows. Now let Chris Brown rock Mombasa.

October 8, 2016
Tribunal Blocks Esther Passaris From Registering Her Harambee Democratic Party On Flimsy Grounds

A tribunal chaired by Kyalo Mbobu and James Atema Paul Ngotho as members before the Kilimani court has dismissed Passaris’ plea to have the decision by Registrar of Political Parties blocking her from registering Harambee Democratic Party overturned.

In a letter dated 10th June 2016, the registrar declined to register the name saying it name could not be reserved for use by a political party since the name “was not in compliance with the Political Parties Act, 2011 and the Constitution of Kenya, 2010 Article 91.” There was no explanation as to how or why the proposed name was not in compliance with the Political Parties Act and the Constitution. 2.

A second letter was issued by the registrar of political parties on 24th August 2016 by which Passaris was informed that “Section 8(c) of the Act provides that the Registrar may refuse an application for the registration of a political party if the name or symbol that wishes to use the Act so nearly resembles the name or symbol or an abbreviation of the name of another political party registered under the Act or any other legal entity registered under any other written law. This is, therefore, to inform you that the name Harambee forms part of the National Coat of Arms of the Republic of Kenya recognized under Article 9c of the Constitution.”

In appealing the decision, Passaris premised it on numerous grounds, key among them being that the rejection of the proposed name by the registrar was unlawful, unconstitutional and whimsical since the allegation that the name is not in compliance with the Political Parties Act 2011 and Article 91 of the Constitution is a clear misreading of these provisions of the law.

In her defence, Passaris argue that whereas the word “HARAMBEE” is protected by law from use; it is so protected, but not when used in other words and for purposes that are not in conjunction with other words and objectives connected with the National Coat of Arms, and the proposed use of HARAMBEE DEMOCRATIC PARTY (HDP), is not an improper use of the said word, and is not prohibited under the provisions of Section 3 Cap.99 Laws of Kenya W . of the National Flag, Emblems and Names Act, while acknowledging such protection, her position is that such protection from use or abuse extends to the singular use of the each of the said names, and to avoid commercial exploitation and the creation of the notion of state patronage and approval in otherwise private undertakings, and to guard against the use of trademarks bearing such names; but when used in conjunction with other words, the same names are available and can lawfully be used for other purposes.

Passaris argues further that, the said names have clear and distinct Kiswahili language meanings of their own, and cannot be said to exclusively belong to the State, and have therefore had widespread application and use in society when and where they do not violate any written law.

One wonders why the case of Harambee Party is treated differently by the registrar in obvious bias steps alleged bias, for example, the fact that there is a party with the name Madaraka which, like Harambee, is a name protected under the National Flag, Emblem and Names Act.

There have been entities registered using these protected names, such as HARAMBEE SACCO SOCIETY LIMITED, HARAMBEE STARS, HARAMBEE aircraft and marine vessels, HARAMBEE Foundation, a charitable educational organization, HARAMBEE SCHOOLS, ESTATE, HARAMBEE CONSTRUCTION LIMITED, JAMHURI HIGH SCH OOL, a leading secondary school in Nairobi, JAMHURI PARK, JAMHURI Savings Account by Co-Operative Bank of Kenya, JAMHURI ESTATE, in Nairobi, the NYAYO Motor Corporation, now renamed Numerical Machining Complex, and the NYAYO TEA ZONES DEVELOPMENT AUTHORITY Corporation. What therefore would stop the Harambee name from being registered.

The tribunal findings surprisingly coincided with Passaris’ thinking on The reasons given by registrar for refusal include that the name Harambee has also been used by other entities registered under other laws. The examples provided by the registrar are Harambee Stars (the national soccer team) and Harambee SACCO Society Limited. However, this argument is self-defeating for if other government offices have registered entities with the name Harambee, why should the Registrar of Political Parties claim that the name can never be used since it forms part of the Coat of Arms and is protected under the National Flag, Emblem and Names Act?

In a sharp, abrupt turn, the tribunal ruled that in their reading of the National Flag, Emblem and Names Act is that the word ‘Harambee’ (alongside the other protected words Nyayo, Madaraka, Jamhuri and the name of the President) cannot be used as the names of companies, firms or other bodies of persons, including political parties. Saying they’re well aware of the evidence which seems to show that the Registrar of Companies has allowed the name Harambee to be used by a company.

The ruling has been criticized by the section of legal fraternity with one prominent judge heard saying the findings were idiotic and out of the constitution. It’s for example laughable thinking Kenya can’t differentiate between Jubilee party and Jubilee Insurance as one of the examples cited by the registrar. These things are as separate and can be told apart.

It’s, therefore, unfair for the registrar to deny Passaris a chance to registrar her party early enough to give her time to popularize it countrywide and formally launch her gubernatorial bid. She has moved to the high court to appeal the decision with hopes she will be granted permission to have the name registered.

October 8, 2016
A U.S. Report Reveal Kenya Engaging In Crude Child Labor With Skyrocketing Child Prostitution and Pornography

A report commissioned by The US’ Department of Labor on Kenya has revealed some disturbing statistics, the annual Findings on the Worst Forms of Child Labor focuses on the efforts of certain U.S. trade beneficiary countries and territories to eliminate the worst forms of child labor through legislation, enforcement mechanisms, policies and social programs.

The Report serves as a resource to foreign governments, NGOs, academics and policymakers working on labor and human rights issues.

The report has established that Kenya has made a minimal advancement in efforts to eliminate the worst forms of child labor. The Government continues to expand social cash transfers to additional households as part of its National Safety Net Program for Results and implemented and participated in several programs to combat the worst forms of child labor. However, the report finds that children in Kenya are engaged in the worst forms of child labor, including in sand harvesting and commercial sexual exploitation.

Kenya has yet to ratify the UN CRC Optional Protocol on the Sale of Children, Child Prostitution, and Child Pornography and its minimum age for work law and compulsory education age are not harmonized due to the lack of a particular compulsory education age. The Government has also not committed sufficient resources to enforcement efforts.

The report notes the commercial sexual exploitation of children,sometimes as a result of internal human trafficking, which is apparently dine by relatives and friends.

Sexual exploitation of children the report indicates is a major problem in Kenya, especially in Eldoret, Kisumu, Nairobi, Nyeri, and in coastal areas. The majority of children engaged in commercial sexual exploitation are girls, but boys are also involved.

Coming at a time when paedophilia cases have been increasing with latest being one Alfayo who bragged on the internet for sleeping with a small girl amongst many other reported and unreported cases of sodomy and rape. Several interventions have been given in the report for the government in ensuring safety and protecting the children.

October 7, 2016
Fury in Kisii After DP Ruto’s Bodyguards Shot Dead Two Innocent Women

Residents of Kisii are wreathing with fire following an incident on Thursday that left two women dead. According to reports gathered by Kenya Insights, the police attached to the DP’s quick response unit, engaged in a scuffle in Daraja Mbili market, Kisii County.

In the evening, chaos had erupted after the entourage heading to Kisumu after the DP had left in his chopper, got inti a minor accident with the boda-bodas leading to a clashing argument. Within minutes and being a market day, a large crowd surrounded with fellow boda-boda riders staging a mild protest to save their colleagues who were at the moment being held and roughed by the officers.

It is said the officers had aimed to shoot a rider before the two women who were going about their business selling fruits came to the officers pleading for them to forgive the driver. It was at this moment that the officers opened fire at them killing one woman on the spot and the other died while being rushed to the hospital.

The incident caused a major protested that blocked Kisii-Kisumu highway. The residents condemned the DP and pulled down the Jubilee Party billboards that had been freshly erected. Residents vowed to paralyze Jubilee operations in the area should there be any. More protests are anticipated today in Kisii town as local leaders hinted.

October 7, 2016