20_04_2012

Courts no longer dance to political tune DN2Fountain of justice bubbles on as the Judiciary moves to assert itself

Nairobi | Friday, April 20, 2012

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No. 17191

REVENUE UPDATE | Taxman collects Sh160 billion

PARLIAMENT | Speaker refers case to privileges committee

MP accused of extortion faces probeOginga alleges Kiema Kilonzo demanded Sh6 million from Mastermind possibly to drop question on rms failure to pay tax as MP turns spotlight on Premiers oceBY CAROLINE [email protected]

AKenya Revenue Authority Commissioner-General John Njiraini addresses journalists in Nairobi where he announced that Sh160.4 billion was collected between January and March. Looking on is Commissioner for Domestic Taxes Alice Owuor. SEE STORY PAGE 26STEPHEN MUDIARI | NATION

minister yesterday accused an MP of extorting money from a company, raising serious questions on the integrity of the House. Finance assistant minister Oburu Oginga alleged that Mutito MP Kiema Kilonzo had attempted to extort Sh6.6 million from Mastermind Tobacco Ltd. The MP had asked a question in the House regarding the companys tax arrears. Dr Ogingas claims were backed by Gwassi MP John Mbadi who challenged the MP to declare his interest in the quesCONTINUED ON PAGE 4

This matter is true. I will bring an adavit ... next TuesdayDr Oburu Oginga

Raila demands action against police over Limuru talks fracasBY NATION REPORTERSPrime Minister Raila Odinga yesterday directed Internal Security minister George Saitoti to take action against police boss Mathew Iteere over the Limuru rally chaos. The PM accused the police of outing the law by breaking the meeting on grounds that the outlawed Mungiki sect had hijacked it. I have directed the minister of State for Internal Security to take immediate action against the ComCONTINUED ON PAGE 6

ON OTHER PAGESRECOGNITION PROTEST INDEXNews P. 2-11, Back Opinion P. 12-13 Letters P. 14 World P. 18-24 Business P. 26-30 County P. 31-35 Sport P. 67-71

TOP AWARD FOR PRIEST AT HOME IN THE SLUMSCatholic cleric wins rst Franco-German human rights award for his service to Nairobis Korogocho residents. P. 3

GITHONGO LOSES BID TO LEAD DEMOFormer PS had appealed against order stopping him from holding protest against MP Mwau. P. 8

2 | National NewsINSECURITY | Criminals targeted mobile money transfer outlets and a bank agent

DAILY NATION Friday April 20, 2012

Gang kills four in market raidBY WINNIE [email protected] our security guards were early yesterday bludgeoned to death by gangsters at Mombasas Kongowea market, barely 20 metres from an Administration Police post. The gangsters are said to have escaped with money from stalls they broke into at the wholesale and retail market. The deceased were part of a team of watchmen hired individually by traders to guard their merchandise and outlets at night. The incident cast a cloud of gloom over the market that is also one of the towns famous landmarks. Kongowea is the biggest fresh produce market in the province and supplies all forms of food to Mombasa, Malindi, Lamu, Kili and other parts of Coast Province. Traders also sell assorted

GUIDE TO YOUR DAYRegional highlightsMeru: Prime Minister Raila Odinga is expected to tour Meru County in his quest to woo voters as the electioneering period gets charged. Nairobi: Postal Corporation of Kenya to unveil new stamp designs. PCK boss retired Maj-Gen Husssein Ali is scheduled to preside over the function. -Debate on land laws continue today in Mukuru Kwa Njengas Vision Hall. Participants expected to discuss on ways of ending forced evictions.

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in Mombasa. Mr Peter Nyaga, the markets security chairman, blamed the attack on laxity by security personnel from the council and police. We want to be told where the council askaris were when the gangsters entered through the main gate which they are supposed to be guarding, he said. He said the gangsters targeted mobile money transfer outlets and a commercial bank dealership. My M-Pesa shop was broken into and money stolen. This is not the rst incident in which people have lost their lives and money in this place. I appeal to those in charge of security to beef it up for our safety, said businessman Njogu Njuguna. Other traders accused askaris of complicity in the attack. What happened here today must never be repeated. Four guards have lost their lives while on duty and this should never happen here again. We need more security as no one can tell where the council askaris were, said Mr Kamau Wachira. Last year, property worth millions of shillings was lost in a re that razed nearly 500 stalls in the market. In a separate incident, a suspected robber shot himself in the head after being cornered in Kisauni. He is said to have demanded money from an attendant at a mobile money transfer agent at gunpoint, but the latter raised the alarm forcing the robber and his accomplice to take off on a motorbike.

Early campaigns

Raised the alarm

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This is not the time for empty political rhetoric or time to drag honourable institutions like State House into political supremacy battles but time to serve the Kenyan peopleFirst Lady Lucy Kibaki. Page 6

Number of stalls that were razed in re at the market last year

A crowd mills around one of the stalls that was broken into by gangsters yesterday at Mombasas Kongowea Market. The gangsters killed four security guards and made away with cash from the stalls.merchandise, including secondhand shoes and clothes, beauty products, utensils, stationery and electronics. Kisauni police chief Julius Wanjohi said the gang ambushed the guards at around 4am with assorted weapons. After overwhelming the

LABAN WALLOGA | NATION

In the NewsNakuru: Government eorts to disarm communities in conict-prone northern Kenya are frustrated by politicians, according to a provincial administrator. Rift Valley PC Osman Warfa yesterday said lack of political goodwill had hampered security agencies eorts to seize illegal rearms. Page 35 Mwea: Police are questioning a district commissioner accused of slapping a schoolboy. The boy was among demonstrators

demanding her transfer. The DC, Ms Kula Hache, is said to have slapped the boy twice, ooring him on Wednesday in Mwea East District. Page 11 Texas, US: A Kenyan who ed to the US after exposing a multi-billion-shilling bank scandal is seeking Sh1.92 billion from the government for whistleblowing. In a suit led in a US court by Mr Peter George Odhiambo, who was hired by Charterhouse Bank in April 2003, he states that several accounts were operated illegally. Page 9

My M-Pesa shop was broken into and money stolenTrader Njogu Njuguna

guards, the gang broke into the stalls and stole money and various items. It was not immediately clear how much money was stolen. Mr Wanjohi said he had ordered a thorough investigation into the incident that has heightened concerns about insecurity

This mosquito net is used for keeping chicken at a village in Shimiloli, Shinyalu constituency instead of being used to protect its owners from mosquitoes that transmit malaria.

ISAAC WALE | NATION

WEATHER FORECAST

18 20 20 170600 1200 1800 2300Nairobi will have high humidity with chance of rain in the morning Chance of a thunderstorm as temperatures rise to 20 degrees at midday Temperatures with drop to a minimum of 14 degrees with more rainfall Rainy night with high humidity as temperatures drop to 17 degrees


National News 3

RECOGNITION | Catholic cleric wins rst Franco-German human rights award

Award for priest at home in the slumsFathers rst resolve was to try and rehabilitate the Dandora dumpsite that was also becoming a ground for dumping bodiesBY BERYL [email protected] any people stepping into any of the sprawling slums in Nairobi are happy to leave the shanties never to return. But as a young man aged 18, John Webootsa visited the Korogocho slum as a seminarian, stayed for six months, and promised to return. After 12 years, Mr Webootsa went back to the slum wearing the hat of a priest, itching to change the lives of the people he left behind. The dirty environment and the poverty didnt sway him, and he chose to stay. Since then, he has educated girls and young mothers about their rights, and helped keep youth away from violent crime, prostitution and drugs. And he has fought against illicit brew. Father John Webootsas home and oce is located right at the centre of the slum. For running the welfare campaigns in the slums Grogan and Gitadhuru, Fr Webootsas eorts have attracted international recognition. Fr Webootsa, now 37, was on Tuesday awarded the rst FrancoGerman human rights award for his extensive service to slum residents by the French and German governments. I went to Korogocho for the rst time in 1993 as a missionary seminarian and I was so appalled by the violence, insecurity, poverty and disillusionment as it was my rst time in a slum, he said after receiving the award. I vowed to dedicate my life to improve their lives. His rst resolve was to try and rehabilitate the Dandora dumpsite as well as reach out to the scavengers of the dumpsite by giving them micro-loans to set-up small businesses such as, groceries and hair salons. I have been advocating for the relocation of the dumpsite because its a health hazard as well as a security threat, he said. We look for those who go to the dumpsite and train them on business then give them small grants so they can have better ways of making an income, he said, adding, the dumpsite was also becoming a dumping ground for people killed by criminals and police in extrajudicial killing. Last year, Fr Webootsa mobilised the community to protest at the dumping of murder victims and later brought the incident to the limelight through the Kenya National Commission on Human Rights.

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Health hazard

Fr John Webootsa of St Johns Parish Korogocho with children from the high density Nairobi neighbourhood. He has won the Franco-German human rights award for humanitarian service. Below, a view of Korogocho slum.I have also been attacked and robbed ve times over my advocacy to have the dumpsite moved to end all the bad things happening around it, including the sale of arms, drugs and illegal liquor, he said. He added: We have quite a number of armed youth, and I am also looking for viable ways to address this including training to help them generate money legally, the priest said. According to the German ambassador Ms Margit HellwigBoette, Fr Webootsa was awarded for his eorts and focus on educating the girls and young mothers, keeping youth away from violent crime, prostitution and drugs and fighting the brew of illicit alcohol. Fr Webootsa gives people alternatives of generating revenue with legal activities to work ones way out of poverty, the German ambassador said. The French and German governments decided to reward an outstanding Kenyan or NGO for eorts defend human rights in Kenya.

JENNIFER MUIRURI AND FILE | NATION

Fr Webootsa gives people alternatives of revenue legallyGerman ambassador Ms Margit HellwigBoette

Fr Webootsa will travel to France and Germany for one week, and will tour Berlin, Karlsruhe, Strasbourg and Paris in order to visit institutions operating in the eld of human rights. The priest is expected to visit the Constitutional Courts, The European Court for Human Rights and the German Institute for Human Rights, among others. In addition, the achievements of the winner and his life history will be featured in a joint exhibition of the Goethe Institute and the Alliance Franaise in Nairobi.

Through the Kutoka Network Fr Webootsa has been instrumental in having Kituo cha Sheria manage a team of 60 voluntary paralegal workers in the Korogocho slum. These volunteer workers help people with legal matters to access justice and let them know their rights especially due to the fact that they have very little monetary resources to otherwise do so, Fr Webootsa said. The Kutoka Network is made up of 26 parishes, faith-based organisations and other NGOs.

4 | National NewsCORRUPTION | Deputy Speaker orders probe into allegations against Mutito lawmaker


MP attempted to extort Sh6m from tobacco companyCONTINUED FROM PAGE 1 tion. It is true Kiema went to solicit money from traders and he was given Sh300,000 and another Sh200,000 for his brother, Dr Oginga told the House. Also caught up in the controversy is the Prime Ministers Oce which is said to have written to KRA asking it to settle the matter with Mastermind. Dr Oginga was responding to Mr Kilonzos question. The assistant minister stood by his statement and promised to substantiate the extortion claims next week. This matter is true. I will bring an adavit from the person he solicited the money from next Tuesday, he said. Mr Kilonzo had asked the minister to conrm that Mastermind had not been remitting taxes since 2007 and owed KRA more than Sh12 billion. He also asked why the company had not paid the arrears despite several tax demands KRA had sent to it. Can the minister conrm that the failure by KRA to enforce the several tax demand notices is attributed to corruption and if so, what measures will the ministry take to ensure that all companies which have not remitted due taxes do so with the appropriate penalties? the MP asked. Dr Oginga said Mastermind had remitted Sh6.6 billion and had a Sh4.5 billion debt, which included interest and penalties arising from various additional assessments. The company has been settling part of the debt through urgency notices TO COMMENT ON THIS ARTICLE, SCAN THE CODE OR GO TO www.nation.co.ke/ 20042012 that KRA has placed on its bank accounts. Part of the arrears is subject to a court case after the company challenged the amounts. But Mr Kilonzo insisted that only a small part of the arrears was subject to the court case and that the company must be forced to clear the debt. Mr Mbadi also accused the MP of skipping the House last month when the question was due to be raised. This House shall not be used by people who go out there and extort money from companies. This is a shame to Parliament that an MP can come here to use the oor to ask questions for money, the MP said. Mr Kilonzo denied the claims and blamed parliamentary clerks for the delay in bringing the question. I had to ask the Speaker to intervene and it is he who ordered the question to be replaced after warning some people in the Clerks oce, he said. But Mr Mbadi stood by his claims. Some MPs ask their brothers and sisters to go out and ask for money, extorting money from the private sector. Declare your interest! Mr Kilonzo claimed Mastermind Tobacco Ltd was untouchable, saying that the letter from the PMs oce attempted to block taxation eorts by KRA. Where did I receive the money from this multi-billion company does not want to pay taxes, he said urging the House to get to the bottom of the matter. Gichugu MP Martha Karua called for substantiation of the claims to save the face of Parliament. She questioned whether there was political interference in tax matters, citing a letter from the PMs oce on the same matter. The minister said money changed

Kaparo set to resign as Nema bossBY NATION REPORTERSFormer House Speaker Francis ole Kaparo will resign soon as the chairman of the environmental watchdog to concentrate on politics. Mr Kaparos position as chairman of the National Environment Management Authority (Nema) and the United Republican Party has stalled the partys registration because the law states that a public ocer cannot hold political oce. We respect the law and we will ensure that our party adheres to the rules as required. We will use the window period of 30 days that we still have to ensure that the names of the ocials are in order, Dujis MP Adan Duale said yesterday. He said they had decided to retain the names of the party ofcials presented to the Registrar of Political Parties after MPs resolved their dierences over them. The decision to present Mr Kaparos name as chairman had put MPs Charles Keter and Isaac Rutto on a collision course. In an interview with the Nation yesterday, Mr Kaparo said he would write to the President to express his intention to resign though he did not state when. It is true that Im resigning and will be delivering my letter to the President soon. But you should be fair and also ask ministers who are holding party positions when they are going to resign, he said. Article 12(1) of the Political Parties Act says a public ocer is not eligible to be a founding member of a political party, hold oce or engage in activities that may compromise the political neutrality of that persons oce. In a press conference at Parliament Buildings, the Dujis MP said the party linked to Eldoret North MP William Ruto was united. URP is a mass movement and where there is a large population, issues will arise but we are united, he said.

Where did I receive the money from this multi-billion company does not want to pay taxesMutito MP Kiema Kilonzohands, some of us MPs have participated in this question in good faith and these allegations are before the entire nation. How shall we then proceed to ask questions on this oor if there is fear of claims of money changing hands? she said. Dr Oginga said he was aware of the letter but that it was simply transferring responsibility. The taxpayer went to the PMs ofce to complain and the PM ordered KRA, Treasury and the taxpayer to sit down and discuss and agree on the gures that were being disputed. There was no violation, he (the PM) is the coordinator of government business and has right to deal with matters of complaints, he said. Deputy Speaker Farah Maalim directed the Powers and Privileges Committee of Parliament to inves-

Stood by his claims

tigate the matter and report to the House in two weeks. Do it within a week if possible, the dignity and integrity of the House is at stake, he said. In the letter Mr Kilonzo tabled in Parliament addressed to the KRA Commissioner General Michael Waweru in 2010, acting Permanent Secretary in the Prime Ministers ofce Andrew Mondo requested KRA not to enforce the tax demands against Mastermind. The letter, dated May 4, 2010, and copied to Treasury permanent secretary Joseph Kinyua, said this was to facilitate further review of the matter. This is further to your telephone conversation with the Rt Hon Prime Minister on April 28, 2010, on the above subject. (Tax Demands on Mastermind Tobacco Kenya Ltd). We specically request you to suspend the agency notices dated April 22, 2010, addressed to various bankers and the demand notices issued to the company requiring payment within 30 days, the letter said. The letter indicated a meeting that had been scheduled to take place on May 12, 2010, at 10am between KRA, Treasury and Mastermind Kenya on the 14th oor boardroom at Treasury Building.

Resignation letter


National News 5

ELECTIONS | Registrar says 10,000 of ODMs members are also on other party lists

1. Narc Kenya 2. Vision Party of Kenya 3. Labour Party of Kenya 4. Grand National Union 5. Restore and Build Kenya 6. United Democratic Forum Partythe issuance of its certicate. ODM submitted over 130,000 members for registration some of whom were found to either have been not registered voters, registered by other political parties or lacking sucient information on the registration process, the statement from Orange house said. The Political Parties Act bars any individual from belonging

Kadu Asili secretary general Patience Mukambe Chome presents the partys registration documents to registrar of political parties Lucy Ndungu in Nairobi yesterday.

to more than one party and the registrars oce has installed a computerised system that rejects those aected. There have been reports of parties using unscrupulous means to make their registers which will result in some Kenyans nding themselves in party lists that they never applied to be in.

Media told to tone down on ODM disputeBY NATION CORRESPONDENTPrime Minister Raila Odinga has asked the media to tone down reports on presidential nominations within his Orange party. The PM noted that media reports on the nominations had been blown out of proportion and context to cast ODM in bad light. Mr Odinga took issue with a story concerning an alleged reconciliation meeting between him and elders from western Kenya. He said such reports were untrue and that he had not invited any MP to his oce to discuss ODM politics. We note the unfortunate, steady and conscious efforts by some journalists to cast Mr Odinga in the mould of a beleaguered leader whose political house could be on re, read the statement sent to newsrooms yesterday by the PMs presidential secretariat communications director Barrack Muluka. Mr Odinga sought to clarify that at no point did he invite leaders from western Kenya to mend relations with his deputy Musalia Mudavadi. The Prime Minister has neither desperately nor otherwise asked anyone at all to reach out to Mr Mudavadi or to any other politician, read the statement. It noted that Mr Mudavadis visit to the PMs oce was ocial.

Do not ditch party, MPs tell MudavadiBY NATION REPORTER Deputy Prime Minister Musalia Mudavadi should not quit ODM, but should instead fight it out with Prime Minister Raila Odinga for the partys presidential ticket, 13 MPs from Western Province, allied to the party have said. Addressing a news conference in Parliament buildings, the MPs said they had already spoken to the Prime Minister and his deputy, and that their counsel, was a call to dialogue. We are convinced that moving to any other political party will certainly not be in his best interests or beneficial to the people of Western, said Cabinet minister Wyclie Oparanya, who read the joint statement of the lawmakers. Mr Oparanya led MPs Fred Gumo (Westlands), Alfred Sambu (Webuye), Sospeter O jaamong (Amagoro), Benjamin Washiali (Mumias), Ababu Namwamba (Budalangi), Evans Akula (Khwisero), Alfred Odhiambo (Butula), Wilberforce Otichillo (Emuhaya) and Alfred Khangati (Kanduyi) to the news conference. The 13 were among other MPs who met Mr Mudavadi at Mayfair Hotel on Tuesday to discuss his political future. At that meeting, sources said the DPM was advised to leave ODM if he was serious about his presidential ambitions. Minister Soita Shitanda yesterday accused Mr Oparanya and Mr Gumo of being used by the PM to undermine Mr Mudavadi. Meanwhile, presidential hopeful Peter Kenneth (pictured) has hinted that he is ready to form a coalition with Deputy Prime Minister Musalia Mudavadi and Mvita MP Najib Balala in the race for the top seat. Speaking in Muranga Town during the launch of Kiharu constituency strategic plan yesterday, Mr Kenneth denied any links with Mr Odinga terming as propaganda claims that he was working with the ODM leader.

Beleaguered leader

TOMORROW IN YOUR

Some have had to revise their lists to satisfy the Political Parties Act

BY OLIVER MATHENGE

[email protected] olitical parties were yesterday having a rough time meeting the tough conditions for registration set by the law. Some parties have had to revise their membership and ocials lists in order to satisfy the Political Parties Act. In other instances, parties had presented members whose names do not match with their ID card numbers or are not registered voters. The Orange Democratic Movement is the latest major party to experience registration diculties. Some 10,000 of the partys members are also members of other political parties, although it is not required to present others since it had led more than the required 24,000. Registrar of Political Parties Lucy Ndungu said so far she

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had not rejected the application of any of the 34 parties which have sought registration, but she had contacted some to point out anomalies. I have not physically rejected any application as this would mean that the parties would have to apply again. Whenever my office discovers issues in the applications, we deal with each party on a one-on-one basis and there are issues that we seek to discuss in future, Ms Ndungu said. She gave an example of ODM where 10,000 of its members were found to belong to other parties. She said that the party had presented more than the required 24,000 members and therefore the 10,000 would not be a cause for it to be denied registration. ODM in a statement to newsrooms said that it had fully complied with the requirements of the Political Parties Act and was awaiting

CLEARED

SATURDAY NATION Saturday October 29, 2011

Parties run into trouble with law on registrationParties with certicatesBILLY MUTAI | NATION

WHITNEY: HER LAST DAYSHer talent burnt brightly, propelling her quickly to most successful female singer of all time. But in her nal years of life she battled with drug dependency. Her last public performance on February 9 was as disastrous and humiliating as any. Barely two days later, Whitney Houston, 48, the greatest female singer of the last three decades, was dead. Now for the rst time the nal months of a show business legend are pieced together in a compelling story

Dont miss these and more in the Saturday Nation this week

6 | National NewsSECURITY | Raila tells Saitoti to have matter investigated


Police search for three over threat against MPPolice boss says CID ocers have taken over investigations into alleged kidnap of Mr ImanyaraBY FRED MUKINDA AND BOB [email protected] [email protected] THE PROCESS

WELCOME| Boston winner feted

BRIEFLYNAIROBI

Cases on new borders to be heard in NairobiAll petitions seeking a review of the new electoral boundaries will be heard in Nairobi. Justice Mohammed Warsame made the ruling yesterday during the mention of more than 30 judicial review cases led from various counties. Nairobi is the primary county and all issues regarding review of boundaries will be heard at the same time to avoid working outside the timeline set in the Constitution, the judge said.

Leader tells of night ordealMr Gitobu Imanyara claims he was abducted by gang that forced him to pledge allegiance to Deputy Prime Minister Uhuru Kenyatta. MP les complaint with Parliament police. CID says suspicious characters ask to be shown house of MPs son in Machakos town. Prime Minister directs Internal Security Minister George Saitoti to have the matter investigated.

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olice are looking for three people said to have entered an apartment where a son of Imenti Central MP Gitobu Imanyara lives and inquired about his whereabouts. The CID officers are also seeking to interview North Horr MP Chachu Ganya, who Mr Imanyara said he had been with moments before a gang abducted him at a restaurant in Nairobis Kilimani estate. The MP claimed on Wednesday the gangsters abducted him, forced him to kneel down and pledge loyalty to Deputy Prime Minister Uhuru Kenyatta. Machakos CID boss Kavete

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nine occupants. We have recorded statements from three people including the MPs son and established that three strange people came looking for him around 6am yesterday, Mr Kulova said. Investigations into the incident begun on Wednesday after the MP led a complaint at Parliament Police Station. Police Commissioner Mathew Iteere, however, ordered that CID director Ndegwa Muhoro takes over the investigation. The police boss had also written to the National Assembly, where Mr Imanyara broke the news of the alleged abduction, asking Speaker Kenneth Marende to have the MP record a statement at the CID headquarters. Yesterday, Prime Minister Raila Odinga directed Internal Security Minister George Saitoti to have immediate investigations carried out on the unconscionable threats to the life and family of Mr Imanyara.

NAIROBI

Leave State House out of politics, warns Lucy

Record statement

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Kulova conrmed yesterday that three strangers entered the compound where Mr Imanyaras son lived and asked to be shown his house. The apartment in an estate in Machakos Town has about

Sharon Cherop, Boston Marathon winner, is fed on Kalenjin traditional milk (mursik) on her arrival at Eldoret International Airport by her husband, Mr Mathew Kosgei Bowen, yesterday.

JARED NYATAYA| NATION

First Lady Lucy Kibaki yesterday asked politicians to desist from dragging State House into their political wrangles. In a statement, she accused some politicians of misusing the name of State House when they attacked their political rivals and told them to stop premature campaigns that distract Kenyans from their responsibilities.

Iteere defends ocers, warns Mungiki was behind meetingCONTINUED FROM PAGE 1 missioner of Police and all Provincial Administration officials who were involved in the events of yesterday, for violating the Constitution, he said in a statement. He said this sent wrong signals about the commitment of the security agencies to a free and fair democratic process. They also besmirch the integrity of the governments commitment to uphold the rule of law. They take us back and raise alarm to the fact that despite giving ourselves a new Constitution, we are not out of the woods yet, he added. But Mr Iteere defended the police, saying Mungiki sect members had planned to re-launch the outlawed group during the anti-Gema rally. He said the main agenda of the meeting, which was to be held at Jumuia Conference Centre, was to instal the groups leader, who would marshal political support in Central and parts of Eastern and Rift Valley provinces. Following these reports, police carried out quick investigations and actually confirmed that the people preparing to attend the meeting were former members of Mungiki and the meeting was in fact a camouaged re-launch of the Mungiki criminal gang, former organised criminal gang leader as the political leader of Central and the entire Gema community, said the police boss. Mr Iteere said the organisers should have gone to court if they were aggrieved by the police decision. In the new constitutional dispensation it was the expectation of the police that if the organisers were aggrieved by this decision, they would proceed to the reformed Judiciary to give police an opportunity to justify the cancellation of the meeting in a court of law, he said. He noted that the use of force by his ocers was justied, saying that the youths engaged in riots. Five people were arrested and scores injured during the operation that lasted more than ve hours. Mr Odinga also directed Prof Saitoti to order investigations into the attack on Imenti Central MP Gitobu Imanyara by armed men on Tuesday night. Prof Saitoti could not be reached for comment on the PMs directive. Under the national accord, the Prime Minister as the supervisor of government is within his powers to direct any minister to follow up on a national matter.

Mr Iteeresaid the police boss. Lawyer Paul Muite and retired Archbishop David Gitari were listed as key speakers, according to a notication given to police by the organisers on April 13. The listed speakers were to be used as a camouage, said Mr Iteere. He said police had further established that criminal gangs had invaded parts of Central and Rift Valley provinces, where they forced matatu operators and traders to part with money to nance the forum. Police received complaints that gangs of the proscribed Mungiki sect had embarked on an extortion spree. Complainants also indicated that they had been told the money was intended to nance the conference whose main agenda was to instal a

8 | National NewsPROTEST | March was over Harun Mwaus alleged link to drug-tracking


Githongo loses bid to lead demosFormer PS had appealed against order stopping him and other activists from holding protests against the Kilome MPBY PAUL [email protected] ormer Ethics and Governance PS John Githongo has lost a bid to have orders restraining him from leading demonstrations against Kilome MP Harun Mwau lifted. Mr Justice David Majanja ruled that Mr Githongos petition to have the orders lifted was an abuse of the court process and a collateral attack on the directions issued by another judge. I cannot interfere or declare that the orders issued by Justice Pauline Nyamweya to stop the demonstrations were unjustified. The court has to adopt a liberal approach and guard itself against parties creating parallel and multiple petitions, ruled Mr Justice Majanja. By dismissing Mr Githongos application, the judge reinforced an order the MP obtained in January restraining the former Ethics and Governance PS from leading a demonstration over his alleged link to drug tracking. Mr Mwau claimed that Mr Githongo and other civil society activists had planned a series of demonstrations CHRONOLOGY

Help avert Sudan war, says KalonzoBY NATION CORRESPONENT AND AFPVice President Kalonzo Musyoka has urged East African countries to intervene and help avert the escalating tension between the two Sudans from erupting into a full-scale war. The appeal came as Sudan President Omar al-Bashir threatened to oust South Sudans insect government. President Bashir yesterday made clear his intentions to overthrow Sudan Peoples Liberation Movement. Our main target from today is to liberate South Sudans citizens from the SPLM. You cannot call it a movement. We call it an insect trying to destroy Sudan, President Al-Bashir said at a rally on Wednesday in support of his countrys troops who are ghting to reclaim Sudans most important oil eld, Heglig. The oil eld was seized by South Sudanese troops eight days ago. Mr Musyoka asked the East African Community member states as well as Intergovernmental Authority on Development to intervene and help resolve the impasse. He asked the two countries to give dialogue a chance to avert a crisis.

Court throws out appealDecember 2011: Mr Mwau moves to court to block Mr Githongo from leading demonstrations. January 2012: Lady Justice Nyamweya issues orders blocking the anti-Mwau demonstrations. February 2012: Mr Githongo and other activists le a constitutional petition claiming that the orders were a violation of the rights to hold demonstrations. April 2012: Mr Justices Majanja dismisses Mr Githongos application and orders them to appear before Lady Justice Nyamweya for the hearing of Mr Mwaus petition.across the country against him for six months, and that the intended actions are criminal because they will threaten his life and ground his businesses. He submitted that the intention of the activists was to provoke President Kibaki into ordering the police to intervene in a brutal manner, which would prompt the White House to ask the Head of State to give the demonstrators a free hand. The court also ordered Mr Githongo to reveal to Mr Mwau and the court the

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Uproot government

Lawyers Nick Ndichu (left) for Mr Ndura Waruinge and Mr Muthuma Kibanga for Mr Harun Mwau outside a Nairobi court yesterday before a ruling in a demonstrations case was made.US contacts he mentioned in writing a note titled We the people therapy on narcotic trackers in Kenya. However, the former Ethics and Governance PS led a constitutional petition claiming that the suit by Mr Mwau was meant to intimidate and harass him and other activists in order to silence and prevent them from expressing their views on issues relating

PAUL WAWERU | NATION

to drug tracking in Kenya. He submitted that the proceedings led by Mr Mwau are a violation of their fundamental rights and freedoms of assembly, expression, opinion, demonstration, free media and security as guaranteed in articles 29, 32, 34 and 37 of the Constitution. The activists wanted the orders to be lifted.

Supporting Quality Service

TOURISM INDUSTRY WORKFORCE & SKILLS DATA COLLECTION, DOCUMENTATION & REGISTRATION.Catering and Tourism Development Levy Trustees (CTDLT) is in the process of documenting the hospitality and tourism industry workforce skills (qualifications) as a foundation to harmonizing and standardizing workforce development, recognition of qualifications and management. This exercise focuses on hospitality and tourism personnel who are working or intends to work in the tourism industry as well as all those with hospitality and tourism qualifications regardless of the industry in which they are working. This strategic exercise is in pursuance of CTDLTs mandate of hamonization, standardization and testing of skills required in the tourism industry, inline with The Trustees (Training, Testing of Skills Standardization and Registration) Regulations, 2002. The Tourism Industry Workforce & Skills Data Collection, Documentation & Registration exercise shall have professionals, experts and all employed personnel serving in the tourism industry and those trained or in training to join the industry, registered. This is to enable provision and availability of data and information to guide recognition of qualification based on competency training unit standards and, training credit transfer to ensure workforce and service quality in the tourism industry. Tourism Industry employers - Tour Operators, Travel Agents, Resorts, Conventions, Event and Sports Camps and Organizers, Hoteliers, Catering Facilities and Tourism Attractions and related facilities and service providers, are to ensure that their employees are registered. The hospitality and tourism training institutions are required to ensure that trainees (apprentice or formal) are registered with CTDLT and that a CTDLT recognized curriculum being used in training them is stated or copy availed for consideration. Request for registration form should be submitted to [email protected] The documents for this registration should reach CTDLT on or before 15th May 2012. This registration, is MANDATORY for the players stated above, and is initially FREE.CHIEF EXECUTIVE OFFICER, CATERING & TOURISM DEVELOPMENT LEVY TRUSTEES P. O. Box 46987 GPO NAIROBI (00100).

CTDLT is ISO 9001:2008 CERTIFIED


National News 9EXHUMATION | Body to be reburied

CHARTERHOUSE | Sh21bn undisclosed taxes recovered

Man seeks Sh2bn for exposing bank scamWhistleblower accuses KRA of refusing to pay him for uncovering Charterhouse fraudBY ANTONY KARANJAin DALLAS, TEXAS

Court freezes ministry cash in fraud caseBY NATION REPORTERA court has frozen three bank accounts holding Sh92 million transferred from the Medical Services ministry. The accounts were frozen by the court after the Ethics and AntiCorruption Commission sought the orders in a suit against the Ministry of Medical Services and Co-operative Bank. The commission says it is suspicious of the deposits because the money was initially transferred to the bank without any instructions. But later on, in two letters dated November 22, 2011, the ministry instructed the bank to prepare letters of credit payable to Northwest Medical Ltd for Sh32.2 million and Total Hospital Solution Ltd for Sh19.9 million, the commission said. According to the ministry, NorthWest Medical Ltd had supplied and installed washing machines, dryers and ironers at hospitals in Kitale, Wajir, and the Spinal Injury Hospital in Nairobi. The Total Hospital Solutions was alleged to have supplied and installed cold rooms for the Tigoni District Hospital Mortuary. But when the commission checked, it was found that the cold room has not been delivered to date. It was also established that the companies offices were not at Corner House Nairobi. The commission says that the transfers may have been a conspiracy to misappropriate the money. The hearing continues on May 10.

10mSCANDAL

Taxes in shillings each of the bank customers failed to declare

A

Kenyan who fled to the US after exposing a multi-billion-shilling bank scandal is seeking Sh1.92 billion from the government for whistleblowing. The suit is led in a US court by Mr Peter George Odhiambo through lawyers Thomas Kipkorir Kirui and Ian P. Alberg. The suit states that Mr Odhiambo, who was hired by Charterhouse Bank in April 2003, had noted that several accounts were operated in violation of the Income Tax Act, the Economic Crimes Act, the Central Bank Act, the Banking Act and prudential regulations. He said he came across accounts with suspiciously large transactions in personal savings accounts. These transactions were hidden from bank inspectors. The suit further states that in May 2004, Mr Odhiambo came across a KRA information reward scheme advertised in local print and online newspapers. The authority was to pay a reward amounting to

What the US said of fraudDossier: A secret dossier compiled by the US in 2010 claimed that Sh60 billion was lost through nancial malpractices by closed Charterhouse Bank. Laundering: Former US ambassador Michael Ranneberger said the money was lost through fraud, tax evasion and money laundering.one per cent of the undisclosed taxes identied up to a maximum of Sh100,000 as well as a reward of three per cent of the taxes collected. He subsequently made copies of activity reports for more than 800 suspicious Charterhouse customer accounts and forwarded them to KRA. The suit claims that the KRA did not act on the information and he subsequently forwarded the same to the Kenya Anti-Corruption

Commission and the Central Bank of Kenya. In August 2004, Finance minister David Mwiraria and Ethics permanent secretary John Githongo constituted the Joint Task Force Investigating Economic Crimes by Charterhouse Bank and Related Companies. The taskforce was to carry out investigations on the basis of information provided by Mr Odhiambo. The taskforce reported its findings on November 30, 2004, and confirmed Mr Odhiambos information regarding undisclosed taxes by several of Charterhouse Bank customers. A full analysis of the banks accounts revealed that 604 of them evaded taxes with each avoiding to pay more than Sh10 million, adding to Sh21.1 billion. The suit alleges that since Mr Odhiambos information had been proven to be correct, he became entitled to Sh100,000 for each account for an amount of Sh60.4 million as well as Sh1.26 billion of the amount that KRA collected on the basis of his information. However, in a letter dated July 26, 2011, KRA acknowledged that they owed him but they included a cap of Sh1 million as reward for his role in the recovery of unassessed duties or taxes.

Analysis of accounts

Relatives help sort body parts of the late Samwel Wambui Kamau after exhumation at Msari Village, Chagaria Location in Uasin Gichu County yesterday. The 67-year-old was killed in 2008 during the post-election violence but could not be buried at his farm due to insecurity. Locals then buried him on a footpath.

SULEIMAN MBATIAH| NATION

Supply machines

New squad to ght gangsBY NATION REPORTERA police squad has been formed to crack down on gangs that prowl parking yards and pluck o parts from vehicles. The team will focus its operations on Nairobis Central Business District, where the crime is prevalent. Central division police boss Eric Mugambi said the squad was formed following increased theft of vehicle parts like side mirrors, wheel caps, head lamps and other accessories. The undercover team will extend its operations to businesses that deal in second-hand spare parts. We shall now pursue the dealers because its them who buy the stolen parts at throwaway prices and sell them for prots, said Mr Mugambi.

10 | National NewsMATRIMONIAL ROW | Judge orders that he gives her Sh500,000 by close of business


Moi told to pay ex-wife or face jailPresence in court of retired presidents son ends what has been a hide and seek game with police over warrantsBY PAUL [email protected] ormer President Daniel arap Mois son Philip faced o in court with his estranged wife for the rst time over the upkeep of their two children. Mr Moi and Ms Rossana Pluda were in court following an order issued last week that they both be present during the hearing of two applications they have led. Mr Mois appearance in court ended what has been a hide and seek game with the police after warrants for his arrest were issued for failing to honour a court order to cater for his wifes and childrens maintenance. And as a punishment for not honouring the court directions, he was ordered to pay Ms Pluda Sh500,000 by close of business yesterday.

Jirongo and ex-NSSF boss deny claimsBY NATION REPORTERThe controversy over settlement of the national provident funds debts has blown into a full-scale war, with two of the three main players coming out to publicly defend their positions. This follows a statement by the acting National Social Security Fund (NSSF) managing trustee defending the fund over the payment, triggering responses from the suspended managing trustee and one of the beneciaries. Mr Alex Kazongo, who was the NSSF managing trustee until February, released a statement denying allegations that he had made an unwritten pledge to review Sololo Outlets claim after payment of Sh490 million as nal payment. Lugari MP Cyrus Jirongo, who owns Sololo Outlets, also sent a statement denying that his company exerted undue pressure, resulting in cancellation of the contract but rather that NSSFs woes were due to political interference. What the NSSF is deliberately failing to tell Kenyans is that pressure they faced to cancel the contract was political and was directly connected to Cyrus Jirongo fallout with powers that be after the 1992 General Election, he said. He said the change of contractor to Mugoya Construction further increased the cost by Sh1.5 billion, which was above what his company had quoted. The root cause of Sololo Outlets versus NSSF court case is abuse of public office by government ocials for political reasons, Mr Jirongo said.

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Undue pressure

Sh2m 7.6mAmount Ms Pluda wanted Mr Philip Moi to pay immediately as upkeep for herself and their childrenwant to stay in the country any more because I have electricity bills and medical bills, she said. She demanded that Mr Moi pays her Sh2 million immediately. However, Mr Moi said he was only able to raise Sh400,000. Im a human being just like any other Kenyan and it is unfair for someone to wake up one morning and demand Sh1 million just because I am a son of former President Moi. Mr Justice Lenaola concurred that

Appear in person

In addition, Mr Justice Isaac Lenaola ordered him to appear in court in person on May 18 when he will issue a ruling in another petition Mr Moi led challenging the constitutionality of the warrant of arrest. Yesterday, Justice Lenaola questioned each of them to establish who was misleading the court. Ms Pluda complained that she had not been able to pay her debts and was planning to leave the country if Mr Moi refused to pay Sh7.6 million, which had accrued from the monthly upkeep he was directed to pay. The situation is worse especially with the upkeep of children. I do not

Amount in shillings Ms Rossana Pluda says has accrued from the monthly upkeep he was directed to pay

Im a human being just like any other KenyanMr Philip Moi

Ms Rossana Pluda and Mr Philip Moi in a Nairobi court yesterday during the hearing of their applications.

PAUL WAWERU | NATION

raising Sh2 million within a day was dicult, but ruled that Mr Moi had friends who could assist him raise Sh500,000 within a day to pay Ms Pluda failure to which he would issue a fresh order to have him locked up in prison. Mr Moi and Ms Pluda have been at the centre of numerous legal tussles revolving around the upkeep of their children after she filed a

Petition for divorce

petition for divorce in December 2008. In October last year, Mr Justice GBM Kariuki ordered Mr Moi to pay Ms Pluda Sh250,000 a month for her upkeep and the maintenance of their two children. The former presidents son failed to pay and in February the judge ordered that he be arrested and jailed at the Industrial Area Prison for a month unless he paid all maintenance due from him to Ms Pluda.

Police ocers deny murder of city toutBY NATION CORRESPONDENTA police officer attached to the diplomatic corps was among three ocers charged yesterday with murdering a matatu tout last month. Sergeant Thomas Kipkemoi Korir, based in Gigiri, Nairobi, and two Administration Police constables Joseph Komen Yatich and Sebastian Yano Komen denied murdering Mr Nicholas Ochieng Odongo. The alleged killing happened at Kwitu Classical Bar in Eastleigh Section III, Nairobi, on March 30. The three were arraigned before Mr Justice Nicholas Ombija. A State counsel said the investigations into the killing have been concluded. I want to inform this court that investigations into this case have been concluded. We are ready to take hearing dates, the judge heard. Last week State counsel Catherine Mwaniki appeared before vacation judge Fred Ochieng and obtained orders to have the suspects detained for a while to enable the police conclude their investigations. Their trial will be on October 8. In another case, two civil servants among them an economist at the Prime Ministers oce denied killing a 15-year-old boy.

Economist charged

Mr Cornelius Ombagi Nyabera, the economist, was charged alongside high school teacher Samuel Adongo Achola with the murder of John Mwangi in Kayole on April 1. A defence lawyer told court the boy was a victim of mob justice and it was unfortunate the two accused were arrested by police. The lawyer unsuccessfully applied to have the accused freed on bond saying they live near the scene where the boy was killed by a mob. The suspects were remanded in custody pending trial.


National News 11

DISASTER | Crops destroyed and roads rendered impassable following heavy rains

BRIEFLYNANYUKI

Four children killed as oods destroy homesSearch on for ve children still missing as heavy rains continue pounding areaBY NATION [email protected] our children have died and ve others are missing as rains continue wreaking havoc in Homa Bay County. The bodies of Grace Adero, 10, and Margaret Adero, six, were pulled out of mud yesterday morning. Two other bodies were recovered later. The children, daughters of Mr Onyango Adero of Suba District, died when ash oods swept through his homestead in Magunga on Wednesday night. The fate of Mr Aderos other three children and two from a nearby village has not been established as the heavy rains continue pounding the area. He said he had left for Magunga trading centre at around 9pm only to return hours later to nd his house attened. Two of his wives were rescued but were admitted to Magunga Sub-district Hospital. We begun the search in the morning and recovered the bodies of two children about two kilometres from home, said Mr Adero. Tonga assistant chief Tobias Opiyo said that an entire village in Gwasi Central had been marooned by ood waters. Livestock was swept away and crops destroyed. Transport on the Kisumu-Kisii highway was also paralysed after a bridge was swept away. Local provincial administrators, World Vision and Red Cross ocials led the rescue operations. Nyakach police chief Dismus Wanjala said most roads in the area had been rendered impassable. An irrigation scheme in REACTION Homa Bay District was not spared as oods left a trail of destruction. Rangwe MP Martin Ogindo, however, blamed the Kimira-Oluch Small Holder Irrigation Scheme management for failure to mitigate against oods. One of the primary goals for which the project was started was to mitigate against the perennial ooding of West Kochia and part of Kagan, which it has now failed to do, said the MP. Traders in Rachuonyo North and Homa Bay are also counting losses after the flood waters swept their merchandise into Lake Victoria. A number of homes in Kanyidewo village, West Kochia, were also submerged. Homa Bay district commissioner Salim Bagana pledged government support for the aected families. At the same time, more than 10 families were displaced and their properties destroyed by oods following heavy downpour in Lodwar, Turkana County. The families living at Soweto village were rendered homeless after River Kawalathe broke its banks, causing damage to property worth thousands of shillings. Additional reporting by David Lomuria

Violent robbery lands man death sentenceA 22-year-old man was yesterday sentenced to death for robbery with violence. John Mutembei Muthami was found guilty of violently robbing Mr Zackary Kingori of his car, Sh6,000, a motorcycle and goods valued at Sh900,000 on February 25, 2010. He was arrested as he tried to withdraw money from Mr Kingoris account using his ATM card.

BUSIA

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Villager handed 20 years for rape of pupilA man will spend 20 years in jail for deling a 14-year-old schoolgirl. Basil Okaroni of Okatikok village in Teso South District committed the oence in his house on June 6, 2009. Busia chief magistrate Kiarie Waweru heard that the girl had gone to the mans home to collect her books from his son, who was her classmate, when he deled her.

Presidents directiveMeasures: President Kibaki two weeks ago ordered measures to be taken to avoid disasters, especially now that the long rains have started in many parts of the country. Settlement: He directed the Internal Security ministry to control human settlement in areas prone to disasters like oods and landslides to avoid loss of life and property.

NAIROBI

Murugi assures Aids patients of fundingThe government has pledged sustained funding for the HIV/ Aids programme. Special Programmes minister Esther Murugi, who made the commitment, called for homegrown solutions so that the 1.5 million people living with Aids can access treatment without relying on donors. She was opening a two-day international consultative meeting at the Pan Afric Hotel in Nairobi yesterday.

A woman ponders her next move yesterday after oods attened her house in Gwasi Central, Homa Bay County.

JACOB OWITI | NATION

MUNICIPAL COUNCIL NAIVASHATENDER NOTICEPROPOSED SUPPLY, INSTALLATION TESTING AND COMMISSIONING OF A GENERATOR, MAINS SWITCH BOARD AND EXTERNAL POWER DISTRIBUTION CABLE WORKS AT NAIVASHA MUNICIPAL COUNCIL OFFICES CONTRACT NO. MCN/SG-MS/2011 - 12/1Tenders are invited from interested eligible bidders for the Proposed Supply and Installation of a Generator, mains switch board and external power distribution works at Naivasha Municipal Council offices-Naivasha. Tender documents with detailed specifications can be obtained from Office of Procurement Officer Municipal Council of Naivasha offices, on payment of a non refundable fee of Kshs.2,500/= for the document. Payments will be made in cash at the cash office on or before 4.00 p.m. during normal working hours or a Bankers cheque payable to the Municipal Council of Naivasha. Completed tender documents in plain sealed envelopes, clearly marked Tender No. MCN/SG-MS/2011-12/1 on the right hand corner and bearing no indication of the tenderer should be addressed to: The Town Clerk Municipal Council of Naivasha P.O. Box 126 Naivasha Tenders should be placed in the Tender Box on Administration Block, Municipal Council of Naivasha, so as to reach the above named address not later than 12.00 noon on Friday, 11th May, 2012. Submitted bids will be opened in Council Chamber soon after the closing time in the presence of the tenderers/representatives who may choose to aftend. Late bids will be returned unopened. The tenderer will be required to provide a bid security of Kshs.80,000/= from a reputable bank or an approved insurance company located in Kenya valid for a period of 150 days from the date of tender opening. The Town Clerk Municipal Council of Naivasha

12 | Opinion


War in Sudan will be too costly for allhat Sudan has declared war its southern neighbour an enemy is a devastating setback for peace and co-existence in the continent, and every eort must be made to resolve the dierences between the two countries speedily. This cannot be done through diplomatic eorts by one country, or even by the eastern African region alone; it has to be a concerted eort by the African Union, the UN, and the respective development partners of the two sovereign states. Early in the week, President Kibaki urged the East African Community member states to help broker peace between the two countries. And on Wednesday, Vice-President Kalonzo Musyoka oered to help the two countries reach an amicable solution to their dierences, saying renewed war would have major consequences, not only on the economies of the two countries, but on the stability of the entire region as well. The dierences between Khartoum and Juba are almost entirely to do with oil. The former accuses the latter of occupying one of its oil-rich towns, Heglig. It is an accusation echoed by the African Union which has accused the South of belligerence. However, there is much more to this situation than a border dispute. A failure to negotiate the mutual boundary has not helped matters. Nor has the failure to agree on how to share the oil revenue. Southern Sudan seems to be the aggressor in this case, having invaded huge swathes of Sudans territory. That is unacceptable. But on the other hand, Sudans Omar Al-Bashir says his eventual aim is to foment a regime change in the south. After 21 years of conict during which at least two million people died and millions more were displaced, the combatants know that renewed war is unlikely to have any winner. Who will make the two countries see the sense in compromise?

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HISTORY | Mutuma Mathiu

Move on ethnicity greatigher Education Minister Margaret Kamars announcement that 200 public university employees will be shued this year to eliminate ethnicity in the institutions is encouraging. It is an acknowledgement that there is a serious ethnicity problem in public universities that cannot be wished away as some administrators thought. Prof Kamars statement comes in the wake of a damning report by the National Cohesion and Integration Commission that demonstrated horrifying levels of ethnic imbalances in the institutions meant to be at the frontline in promoting nationhood through sta and student composition. The inequalities are historical and political. There was a time when the trend was that whenever a university was set up in a region, academics from that locality were appointed to run them. In turn, they hired fellow locals at the lower cadres and with time, the universities became tribal enclaves. Sta redeployment is critical, but that should be the beginning of a more ruthless process of sorting out the mess. Strict recruitment regulations must be put in place and enforced, with emphasis on competitiveness and ethnic and gender diversity.A PUBLICATION OF NATION MEDIA GROUPLINUS GITAHI: Chief Executive Ocer JOSEPH ODINDO: Editorial Director MUTUMA MATHIU: Managing Editor Published at Nation Centre, Kimathi Street and printed at Mombasa Road, Nairobi by Nation Media Group Limited POB 49010, Nairobi 00100 Tel: 3288000, 0719038000. Fax 221396 [email protected] Registered at the GPO as a newspaper

NSSF land capers: Snippets from well-kept secret les of a newspaper Anewspaper is like an old mans house. There are little-visited nooks and crannies full of interesting and valuable things. For example, I was bored in a powerful mans oce this week, so I opened his safe and was riing through some of our secrets. I came upon yellowing spring le written, in the unmistakable hand of a short friend of mine, simply NSSF. I had just read stories and a letter from a Hon S.K. Jirongo, writing on behalf of Sololo Outlets Ltd, giving the National Social Security Fund seven days to hand over Hazina estate in South B, Nairobi after which he would pay back all the money he has received from NSSF, amounting to some Sh1.39 billion. For those of you who were not born in 1992, Sololo Outlets entered into a deal to develop Hazina for NSSF at a total cost of Sh1.2 billion. It did not nish the job and the job was completed by another contractor. A month ago, NSSF paid Sololo Sh490 million after arbitration. So when I saw the old le, I just sat down to ip through. The rst document was board minutes on the nal accounts for 1991. The fund was reporting a decline in income and an expansion in costs of 108 per cent. There is a cock-and-bull story to explain this. Then there is a series of requests for placement of funds by various banks, all oering an average 17 per cent interest. Then there is a payment voucher for Postbank Credit for Sh300 million. The bank was arranging the purchase of Sololo Outlets Hazina development. Next is an internal memo, dated 28th September 1992, by then Kenya Medical Research Institute boss and Mr Jirongos co-director in Sololo, Dr Davy Koech, to the sta of Kemri, titled Misleading Press Reports. He swears that he only does clean deals, that he has no time to spend on dirty deals because he is busy doing science and concludes rather dramatically: Be it known therefore that I am struggling like yourselves to have ends meet and I am not multi-millionaire as the distorted press reports would like to portray. After that there is a May 13, 1991, Sololo proposal for Hazina addressed to Permanent Secretary to the Cabinet and Head of Public Service. In it, Sololo oers the government a housing complex made up of 420 uniquely designed units described as having all conveniences a broad spectrum of commercial and social facilities such as a recreational centre to satisfy all needs, a health centre, a nursery school which can easily extend to a primary school and a shopping centre. Sololo additionally writes to Mr J. T. arap Leting, the Head of Public Service, asking him to approach HFCK, National Housing Corporation or NSSF to participate in its housing project. Mr Leting writes to NSSF recommending that they get into discussions with Sololo with a view to buying the estate. A statement of account of Cyperr Projects International Ltd is the next interesting document. It is stamped Secret, a red rag for any journalist. Accompanying the statement is a memo titled Explanatory Notes. The memo says the Cyperr account was opened on July 2, 1992 with no deposits. On the same day, Sh1.5 million was withdrawn. A cash deposit of Sh20,000 was made probably from the same withdrawal. No other deposit was

H

If the money from NSSF and the transfer from Sololo is withdrawn, the total will be over Sh400 million

ever made but accounts manipulated by withdrawals and reversals to appear as if there were also deposits but not, said the memo. By September 3, 1992, the account was overdrawn by Sh232 million. The following day, money from NSSF was paid in and a general manager instructed that Sh100 million be deposited in the account to reduce the liability to Sh132 million. The same day, Sololo transferred Sh105 million to the Cyperr account, reducing the exposure to Sh48 million. Then a riot of withdrawals followed and the memo writer says the amount so far withdrawn is Sh259 million. If the money from NSSF and the transfer from Sololo is withdrawn, the total will be over Sh400 million. The fellow, who sounds like a frightened accountant adds it should be noted that all the money was collected in cash almost on a daily basis on amounts (sic) ranging from Sh3 million and Sh25 million. He concludes that the share capital is Sh50 million and this should not have been exceed without special authority from the Central Bank and Treasury. No comment. Mr Mathiu is managing editor, Daily Nation. (mmutuma@ke. nationmedia.com)


Opinion 13 THE CUTTING EDGEBY THE WATCHMANWHERE WILL THE REST GO? With the proliferation of groupings mobilised around ethnic lines, tribalism is being cemented in the run-up to the election, warns Abade Kennedy. Gema, he adds, has literally pulled Uhuru Kenyatta out of Kanu, as William Ruto galvanises the Kamatusa, Kalonzo Musyokas Wiper, the Kamba, while Mr Mudavadi is being encouraged to form or join a Luhya party. Where does that leave the Ogiek, Kuria, Turkana, Miji Kenda and other smaller groups? asks Abade.NOT USER-FRIENDLY. Squarely to blame for the reluctance by most pedestrians to use footbridges over busy highways are the designers at the Ministry of Works, says Dr Wilson Ronno. A quick assessment of the footbridges, he adds, reveals that the inclination and lengths between landings are not user-friendly, especially to children, the elderly, the sick and the disabled. His advice to the ministry is to involve users more in the design and siting of footbridges and other facilities to encourage usage. His contact is [email protected]. SHENG ABOMINABLE. The increasing use of Sheng in advertising commodities and services and also in other promotions has linguistic puritan Gatwiri Bundi seething with anger. The worst, according to him, is the latest patriotic pitch dubbed, Mkenya Daima. And his grouse, he adds, is the blatant mutilation of Kiswahili which he nds abominable. Can the people creating such advertisements use proper Kiswahili instead of degrading the countrys ocial language? he asks. FRUSTRATED. What became of the campaign to speed up public service delivery? Well, Jane Hughes would not be having the needless trouble she has been subjected to by the civil servants in the Ministry of Lands who appear not keen enough to serve people who want to fulll their statutory obligations. For the past one week, Jane has gone to the Lands oce to pay her annual rent only to be told that the system (computers) is down. I feel very frustrated, says she. Her contact is [email protected].

FOREIGN RELATIONS | Thuita Mwangi

Media reports about slavery in Saudi Arabia exaggerated and quite harmful Recent highly-publicised media reports on Kenyan migrant workers in Saudi Arabia have painted an extremely grim picture of the living and working conditions in that country. The authors of these reports have sought to sensationalise some incidents of maltreatment of domestic workers as representing 21st Century slavery in Saudi Arabia. This is simply not true. I would like, at the outset, to point out that Kenya values the excellent bilateral relations it enjoys with Saudi Arabia. These bonds of friendship characterised by several centuries of cultural and trade contacts between the Arabian Peninsular and the East African Coast are today exemplied by the large number of Kenyans living and working in Saudi Arabia, as well as the many pilgrims who visit that country each year. Thousands of Kenyans continue to earn decent livelihoods as drivers, technicians, salesmen, security guards, engineers, accountants, bankers and domestic workers. In total, more than 100,000 skilled and semi-skilled Kenyans are today working in the Gulf Cooperation Council states. In the last three months alone, the Saudi Embassy has processed more than 8,000 work permits for Kenyans, a tarnishing the reputation of the Saudi people as a whole. Some of the reports are spurious as they have been deliberately peppered with falsehoods. An example of such a story, which was later recanted, is that of a domestic worker being forced to feed on snakes, aired by a TV channel. It is for this reason that the ministry considers it dutybound to dispel the outrageous suggestion that there exists modern-day slavery which is practised on Kenyan workers. Likewise, it has been implied in some of the reports that there has been complicity on the part of the Saudi Government. That is also not true. The Saudi Embassy in Nairobi has been cooperative and shown a lot of goodwill in working with the ministry to address problems faced by Kenyan workers. There is, in fact, ongoing dialogue between the two governments to conclude a bilateral labour agreement that will increase protection of workers and also address the plight of migrants in distress. Similarly, to protect Kenyans from illegal or clandestine recruitment agents, the government has put the following long-term mechanisms in place: Private employment agencies and agents are now required to submit their

Saudi ambassador to Kenya Ghorm S. Malhan: Cooperativehuge escalation compared to the previous average of 17,000 permits every year. It is undeniable that the Ministry of Foreign Aairs has, in a span of two years, facilitated the repatriation of a signicant number of Kenya domestic workers in distress. This number has tended to increase as the demand for migrant labour, especially domestic househelp has grown. Regrettably, the lucrative business of recruiting these workers has fallen into unscrupulous hands. I would, however, wish to caution that as the media go about reporting claims of torture and other fo rms of maltreatment of Kenyans by their employers in Saudi Arabia, it is important to do so with a sense of balance and proportion to guard against

recruitment returns to the Ministry of Labour for vetting, accreditation and monitoring, including employment of domestic workers contracts. Private foreign employment recruitment agents must submit their labour market information to local private employment agents. Kenyans seeking employment abroad are required to verify the authenticity of any employment contracts with the Ministry of Labour. The Ministry of Foreign Aairs will also, upon request, verify individual job oers with the relevant authorities of the intended country of employment. It is important to note that support from the Government of Saudi Arabia has impacted very positively on Kenyas development eorts especially in the areas of health, road infrastructure and water supply. Therefore, as we report these stories, we must do so with a high sense of responsibility and fairness in order not to bring harm or undermine the quest of many hardworking and law-abiding Kenyans striving to earn a living in Saudi Arabia. Mr Mwangi is the permanent secretary, Ministry of Foreign Aairs.

HISTORICAL INJUSTICES | Farah N. Mawani

The cows told me that a lion was coming Iam awake at dawn as I was every day during my life in Loodariak, a Maasai community in the Rift Valley. I have never felt more connected to my environment as I did when I was there. I could stand in one spot and watch the sunrise, then just turn 180 degrees in the same spot to watch the sunset. Nothing obstructed my view. Hence my great surprise to learn of Sir Richard Bransons gross misrepresentation, on his website, of the Maasai in his March 30 blog post titled, Protecting the Great Migration Mahali Mzuri in Kenya. Sir Richard states: The Great Migrationwas in danger of being destroyed because the migration passages were being taken over by cattle farming. People were putting fences up and these wonderful creatures were losing their habitat. He shockingly suggests that Maasai cattle farming is responsible for destroying the habitat of wildebeest. He not only misrepresents the Maasais symbiosis with their environment, but completely disregards the grave historical injustices against them, that have pushed them o their land and forced them to change their lives and livelihood. He disregards the fact that the Maasai in Kenya were evicted from their land by the British colonial government in 1913

Forced to give up their nomadic lifestyle by government policies prohibiting communal land ownership, most of the Maasai are now semi-nomadic

and have been embroiled in battles to reclaim their land from the subsequent governments for years since. Historically, the Maasai harmoniously shared the habitat of the wildebeest, but they have been forced o their land to create game reserves. In a report two years ago, Cultural Survival stressed that the Maasai face greater threats to their way of life now, than at any other time in the recent past. They present a complete contrast to the misrepresentation communicated by Sir Richard: With the creation of game parks, private ranches, and commercial wheat estates, Maasai herders, in particular, are fenced o and evicted from lands that were traditionally and legally theirs. Despite centuries of experience, the voices of pastoralists are often excluded from decision-making aecting their lives.

The Maasai have already lost a great deal. Historically they are nomadic pastoralists who seasonally moved great distances with their livestock in search of pasture. Forced to give up their nomadic lifestyle by government policies prohibiting communal land ownership, most are now semi-nomadic, with homes where women and children stay while the rest of the community moves with their livestock. The Maasai have lived in harmony with their environment for millennia. Their lives and livelihoods depended on it. Much of the rest of the worlds population could learn a great deal from them. Every day I passed herds of girae, zebra, ostriches, and gazelles as I walked from homestead to homestead meeting with community members. Every night I heard lions, leopards, hyenas and other night wildlife I couldnt always identify. One of the young boys I tutored wrote a story once in which he claimed: The cows told me that a lion was coming. I spoke to him about it, to ensure he had translated his thoughts accurately. He assured me he had. He lived so closely with his familys livestock that he communicated with them. And they warned him of an approaching lion. Mr Mawani, a Ph.D candidate, is a public health scientist based in Canada. (farah@ farahwayglobal.com)

Many drivers on the multi-lane highways are ignorantRETRAIN MOTORISTS. The more he drives on the new multi-lane highways, Steve Muli says, the more he is convinced that most drivers need retraining. We are so used to single-lane roads that we do not appreciate the two basic highway rules. Slowmoving trac should drive on the left, and absolutely NO stopping on highways to drop o or pick up passengers. Its also rude to put bumps on a highway, and if you must, they should be clearly marked so that they are visible day and night. ROAD WELL DONE. A rare compliment to a road contractor comes from Arnold Muchiri Njue, impressed with the recently refurbished Mlolongo-Machakos highway. Arnold says the contractor has done a wonderful job, as the road is now a beauty to behold. However, worried about the tendency by motorists to speed on good roads, he is disappointed there are no speed bumps between Mlolongo and Greenpark Estate, a distance of 10km. The near mishaps Ive had have convinced me that we need those bumps, says Arnold, whose contact is [email protected] a pleasant day, wont you!

E-mail: [email protected] or write to Watchman, POB 49010, Nairobi 00100. Fax 2213946.

14 | Letters


To the editorStriker Oliech should put his country rstThe decision by Harambee Stars striker, Dennis Oliech, to stop playing for his country is sad. The French-based player, who is known for his ferocious strikes and deadly speed, arrived at his decision to quit after a dispute over the use of his image on billboards advertising EABL products. He is the latest addition to players who have given the national team a wide berth Origi and midelder Mariga. Oliech should rescind his decision and be proud to don the national colours. Representing your country should be the rst priority. ALEX KIMONDO, Nyeri

The editor welcomes brief letters on topical issues. Write on e-mail to: mailbox@ ke.nationmedia.com. You can also mail to: The Editor, Daily Nation, POB 49010, Nairobi 00100. Letters may be edited for clarity, space or legal considerations.

TALKING POINT

Political assassinations can plunge Kenya into second round of violencen Wednesday, an eerie silence engulfed the House as Imenti Central MP Gitobu Imanyara told of his ordeal in the hands a gang. Had he deed the orders of his abductors to kneel down and say that he supports DPM Uhuru Kenyatta, perhaps he would be no more. These claims came days after Gem MP Jakoyo Midiwo spoke of a plot to assassinate the premier. Death threats are serious and should not be handled lightly. The would-be assassins who humiliated the Imenti Central legislator were dead serious. I expected the deputy premier to condemn the attackers, but the statement from his oce termed the allegations baseless and from those who have sensed defeat. This country has had a bad history of political assassinations. We have lost great leaders as a result of intolerance and it will be foolish to ignore the allegations. JOSE JUMA, Nairobi

Emails from correspondents

SHORT TAKESUNVICTORIOUS ROAD: Further to the Bob McCarthys letter regarding Ngong-Kiserian Road (Nation, April 18), I similarly wonder who is paying for the repair of the Rimpa-Kiserian Road. If its the taxpayer, then all their hard-earned contributions must have been squandered long ago. The road is like a cattle track. A board at the Bomas junction states that it is under rehabilitation by Victory Construction, yet for three years now, we are yet to realise the victory. Commuters hold their breath as vehicles dodge the gullies. JAMES MURIU, Kiserian

O

GSU and twigs send a chill up my spineIt really doesnt matter who was right over the cancellation of Limuru 2B meeting, but the running battles between the GSU and twig carrying youths is a chilling reminder of 2007 cordoning Uhuru Park to scuttle any eorts to assemble. I must confess I felt some fear in my spine. I had hoped with a new Constitution, such events would be consigned in the dustbin of history. Its not my nature to be alarmist, but recent developments in the political fabric lls me with trepidation, and I can say we are headed in the wrong direction. God Bless Kenya! MERLIN NDUNGU, Nairobi

Imenti Central MP Gitobu Imanyarapressing call of nature, but to chat with gangsters. I dont have to be a detective, but this appears fake and unbelievable, and should be told to the horse marines. JOHN NGIGI, Nairobi

FILE | NATION

Will Mudavadi allow challenge in new party?That Mudavadi is as good as gone from ODM is no longer news. What is news is where will go, as his preferred party is yet to be named. If he must run, where does this leave nomination rules of the party whose ticket he will run on? What if his new party just becomes dicult on the express ticket? The fact that he called a meeting, not of like-minded politicians, but of MPs from his tribe alone did not help matters. And he is set to announce his next move in Kakamega. Even though Mudavadi has weakened ODM, this might cause a backlash in his own backyard. Voters sometimes prefer to vote in the direction of certainty than uncertainty. OGONE JOHN OBIERO, Maseno

Mr Gitobu Imanyara can go tell it to the birds. Picture this: A stalled car a stones throw away from State House Road that does not raise any eyebrows in the heavily guarded area. A politician who spends more than 10 minutes at the hands of gangsters and cannot provide car details such as a number plate. The MP was not armed and did not have a bodyguard, yet willingly stops at night not to answer a

Tell it to the birds

After Gem MP Jakoyo Midiwo talked of a plot to kill PM Raila Odinga, some claimed the premiers security is so tight nobody can touch him. Shallow reasoning. American presidents have the best security. That did not stop president Ronald Reagan from taking a hit from a snipers rie. There is no denying that Mr Odinga is a thorn in the esh of many politicians, constantly rub-

Thorn in the esh

bing them the wrong way. As such, claims of threats on his life should not be dismissed as reckless. Even as investigations into the assassination claims continue, Central Imenti MP, Gitobu Imanyara recounted a harrowing experience in which some gunmen made him swear allegiance to deputy premier Uhuru Kenyatta and asked him not to accompany Mr Odinga to Meru or else they would behead him. Mr Imanyaras claims should not be dismissed as recklessness. Mr Maina Njenga, a Central Kenya rebel, also claims someone is after his life. The mere thought of a repeat of 2007 makes my blood crawl and I hope the government will take action to avert any bloodshed. ALEXANDER CHAGEMA, Kakamega

GIVE MRC BLACKOUT: The media should stop giving MRC unnecessary publicity. Reporters went interviewing its members who went wild in the streets since they had scored publicity points. The interviewer should have talked to the MRC leaders, sponsors or their lawyers. Those interviewed on one TV station, only spread hate speeches. That does not augur well when we are struggling to have peace, come the next General Election. The MRC should be given a total blackout as theyre not clamouring for the unity of this nation. JUSTIN OSEY PETER, Mombasa HONOUR AMONG STATES: I thank Githieya James for supporting me (Nation, April 17) in yesterdays Nation, where we discussed failure to honour talented Kenyans. I had been moved by the honour accorded to Tanzanian Steven Kanumba. Mr Githieya all the way from Arusha gave me a dierent picture of Tanzania in which the high and mighty interact with the lowly citizens. I found that inspiring. I thought Africa was all doomed to have the rich oppress the poor. I also thank NMG for this space to share with other readers. SHEM MUTULU, Nairobi CAR VANDALISM: Vehicle owners in Mombasa are at the mercy of a vehicle parts theft cartel. Some areas are well known for vehicle vandalism in broad daylight. Police are well aware of this and are doing nothing about it. Some years back, a police boss was a victim and surprisingly, a raid was made at well known places where thieves take their stolen parts. If the police know places where stolen parts are sold, why dont they stop this menace once and for all by raiding these places and charging those who handle stolen property? Or place detectives in the hot spots? LAWI N.KIREMA and JOSEPH ODANGA, Mombasa

Banning meeting reminds us of dark days of Kanu errorThere is all likelihood that the meeting dubbed Limuru 2B was cancelled due to directions from inuential politicians. It was hollow for the police to blame an alleged security risk to ban the meeting. Just days ago, the same police beefed up security in the twin meetings of Gema and Kamatusa. Though some unpalatable remarks were passed during the two meetings, the police are yet to raise a nger. The outlawing of the meeting was reminiscent of the dark days dubbed Kanu error when the ruling class muzzled the opposition using all means possible. CHERUIYOT NICHILAS, Bomet

Zeal police displayed at Limuru should be seen at MRC ralliesWe saw police tear-gas, whip and re bullets to stop the Limuru B2 meeting. In the same news bulletins, the so-called Mombasa Republican Council was having public meetings undisturbed. Which one poses a bigger national threat, a group to hive o a chunk of Kenya or a group to discuss the evils of tribalism? Police commissioner recently appeared shocked at the near murder of a boy by GSU as a nation watched on TV; he promised action. The same was repeated at Limuru. These whips should be made illegal in the police force. Kenyans are not animals. JAMES OTIENO, Nairobi

YESTERDAYS QUESTION

DEBATE TOPIC

Was police justied to ban the Limuru 2B meeting?ANTHONY GITTENS: Of course the police were justied to ban Limuru 2B. This was a serious threat to the status quo of the established Gema hegemony. Such insolence to the Mt Kenya elders would end civilisation as they know it. All change must be banned. DANIEL K. BIWOTT: Yes, the police was justied because the meeting posed a security threat. EMMANUEL G. SHERI: No, this was an application of double standards. Other meetings had taken place at the same venue and this too should have been allowed. KENNEDY OCHOGGIA: As usual, police are the pawns in this game and bigger players were behind the ban. For how long will they apply double standards, taking us back to the 90s? ABDULLAH WESAMBA: If the police learned the meeting may have caused incitement, I support the ban. MWEI ERIKA: It was very wrong of the police to thwart Limuru 2B. The agenda was to counter tribal groupings like Gema and Kamatusa. It was all-inclusive unlike the former. Shame!

Comment on Imenti MP Gitobu Imanyaras abduction claimsSend your comments to: [email protected]


15

16 |



Special Report 17

AGRICULTURE | Education blamed for emphasis on white collar subjects at expense of agriculture

Food everywhere, but not a grain to eatAgency says poor distribution is the reason some regions have endemic shortages, while others have food rotting in granaries

A woman with a bag of unwinnowed rice from a farm in Bunyala Irrigation Scheme in Busia county last month, while right, ood victims in Turkana East County wait for their relief rations earlier in the year.BY SAMUEL SIRINGIwhile people in low food production regions are exposed to famine. Regions that perennially suffer from food shortages include North Eastern, Coast and parts of Eastern. The agency also blames the countrys unstructured markets for the inequities in food distribution. Lack of organised market systems for major food has led to long and inecient value chains, aecting the availability of food at aordable prices. Over-reliance on rain-fed agriculture, says the document, has led to food shortages whenever we experience poor weather conditions. However, it is notable that irrigation has been adopted mainly for

FILE | NATION

[email protected] government agency is calling for proper systems to distribute food from traditional bread baskets to decit areas to help reduce hunger. The National Coordinating Agency for Population and Development says inecient distribution of food is the reason why some regions in the country ended up going through endemic shortages, while other regions have food rotting in granaries and farms. In its latest policy brief, Population Dynamics and Food Security in Kenya, the agency under the Planning ministry says the government has failed to send food from harvesting areas to regions of low production and urban centres at aordable prices. Prevailing food shortages in such areas (of low harvest) increase demand for food, pushing the prices high, according to the document. We have witnessed scenarios where food has been rotting in farms in high production regions in the north and central Rift Valley,

A

Food shortages in low harvest areas increase demand, pushing up pricesPlanning ministry report

rice and horticultural crops. Irrigation on maize has only come up recently in some areas at the Bura Irrigation Scheme in North Eastern Province under the Economic Stimulus Programme (ESP). The ESP was an ambitious programme started by former Finance minister Uhuru Kenyatta, to kickstart the economy following a slump soon after the 2007 elections that was marred by violence and the global economic meltdown. Also cited as a cause of the rampant food insecurity is the tendency of Kenyans to depend on a limited number of stable foods. Many Kenyan communities grow and use staple foods such as maize, beans, rice and wheat. This has culminated in a high demand for these commodities and at the same time portends hunger if any of them is in short supply. It notes that most farmers in Kenya are small-scale operators whose holdings are of less than 2.5 acres. This is due to the increasing population pressure as well as expanding urbanisation, both of which require more land for settlement.

This reduces the land available for cultivation. It warns: The goal of achieving food security will be made more dicult if population growth rates cannot be reduced. Rapid population growth overburdens already strained nancial and natural resources. Access to reproductive health services will help to reduce the population growth rate, according to the report. More than 40 per cent of the food produced is lost across the value chain of food and agricultural commodities because of poor postharvest management. The report recommends that alternative sources of income for rural populations be sought to adequately address the issue of access in relation to food security and guarantee

the quality of food. The report blames the education system for putting too much emphasis on careers that are considered to be white collar at the expense of careers in subjects like agriculture. It is important to start teaching our young people early about the commercial and individual benets of agriculture to encourage more of them to venture into it as their rst choice for making a living, the report said. The document suggests that there be mentorship programmes and a review of the curricula to produce graduates who are relevant

20_04_2012

Documents

plain sealed

blue shield

aga khan university

mains switch

ms rossana

githongo loses

constitutional

rift valley