Pullout SectionSTANDARDWITH THEWednesday, March 27, 2013 Governor promisesto spice up Kerichosgrowth. P11GOVERNORS SERIES:BY VITALIS KIMUTAIAsMembersofParliamentandSenators-electprepareforthe swearing-intomorrow,lobbyingforinclusionintokeyHouse committees has gone a notch higher. ControllingofSenateandParliamentaryCommitteesisex-pected to be the next big battle between leaders in the various coalitions.Indeed, under the new Constitution, Parliament will hold a lot of sway in how the Governemnt will be run. Most of the presidential appointments will have to be vetted by Parliament. This will be done through the various house committees before the names are tabled in Parliament fo approval. CONTINUED ON PAGES 2-3 >>8JUIUIFNBTTJWFQPXFSTWFTUFEPOUIFUXP)PVTFTCZUIF$PTOUJUVUJPOUIFBVUIPSJUZPG)PVTFDPNNJUUFFTJTTFFONPSFBUUSBDUJWFUIBOUIBUPGUIFDVSSFOU$BCJOFUNJOJTUFST4DSBNCMFUPDPOUSPM QPXFSGVM)PVTFTSTANDARDTHENo. 29292 www.standardmedia.co.ke KSh 50/00 TSh1000/00 USh1500/00Kenyas Bold NewspaperWednesday, March 27, 2013Fresh tallying at KICC as CORD afdavits rejectedAbdikadir quits race for House Speaker, P.8Cabinet: Nyongo sues Kibaki over order to resign, P.11CORDs call for forensic audit of IEBCs IT technology rejectedJudicial clerks conduct recount of results for 22 polling stations at KICCThey also scrutinise Forms 34 and 36 from all constituencies and the DiasporaHearing begins today, ends tomorrow, and ruling expected by SaturdaySTORIES AND PICTURES - PAGES 2, 3, 4 & 6Judicial and other ofcers go through the motions of tallying afresh results of the March 4 General Election at the Kenyatta International Conference Centre, Nairobi, yesterday.Supreme Court Judges inspect the retallying of votes at KICC, yesterday. [PHO-TO: EVANS HABIL/STANDARD]Lawyers disagree on core issuesBy WAHOME THUKUEvenastheSupremeCourtcon-cludedthehousekeepingagenda, lawyerswereyettoagreeonwhat issuesthejudgesshoulddecideon, last evening.The more than ten active lawyers in the three election petitions could not agree on which issues were con-tested, and which ones were uncon-tested.Theyalsocouldnotagree withthelistpreparedbythecourt containing12ofwhatthejudges thought were the key issues.Thelawyerswererequiredtoin-dicateagainsteachoftheitems whethertheyconsidereditcontest-ed. One outstanding issue is whether the rejected votes should be used in tallying of votes cast.The other was whether the presi-dential votes had been properly tal-liedleadingtothedeclarationof UhuruKenyattaaspresident-elect. Another issue was whether the elec-tionwasfreeandfair,credible,ac-countable and transparent.OnMonday,thelawyerswere givenathree-hourbreaktodiscuss and agree on the issues they thought werecontestedandthosethatwere not.Laterintheday,theyinformed the court they had drafted six issues, but had not agreed on them.Thecourtallowedthemmore time,butbyyesterdayafternoon, theystillhadnotagreed.Lawyer FredNgatiasaidsomepartieshad fled their own lists of what they con-sideredcontestedanduncontested issues and asked for time to allow all the parties to fle their drafts.Thecourtwilladdressthemater as the frst item this morning before embarking on hearing the merits and demeritsofthepetitions.Oncethe parties have submitted their drafts of issues,thecourtwouldonlyenter-tainsubmissionsonwhatiscon-tested.Page 2 / NATIONAL Wednesday, March 27, 2013 / The StandardBy Ally JAmAh and WAhome ThukuJudicialstaffkickedoffrigorous scrutiny of crucial forms submitted by electoraloffcialscountrywideatthe KenyattaInternationalConference Centre as Prime Minister Raila Odinga lostkeyapplicationsatSupreme Court. Raila and his Coalition for Reforms andDemocracyfailedtoclinchthe courtsordersforforensicauditof Independent Electoral and Boundar-ies Commission (IEBC) IT system in a bid to unearth if there were electronic manipulation of the March 4 election results. The PM also suffered another set-back when the court rejected an 839-pageaffdavitfledinhispetition, raisingnewallegationsofelectoral irregularities. The court ruled that the affdavithadirregularlybeenfled withoutpermissionofthecourtand contrary to the rules of engagement.SupremeCourtJudgeJustice Philip Tunoi,whoreadtherulingon theaffdavitsonbehalfofhiscol-leagues, dismissed thelate affdavits with costs during the pre-trial confer-ence. In total the court rejected seven of Railas affdavits over technicalities relatedtothetimeofflingandhow they were fled. Tunoisaidpartieshaveadutyto ensuretheycomplywithrespective timelinesandnotwastetimeforthe courtandotherpartiestothepeti-tions. Also before the same court a bid by a civil society group Katiba Watch ledbyProf YashpalGhaihaditsap-plication seeking to be enjoined in the case thrown out.ButevenastheSupremeCourt was ruling on the applications by the PM, judicial clerks were still re-tallying votes from 22 polling stations.Also at the same venue other judi-cial staff were engaged in scrutinising Forms 34 and 36 from all the 290 con-stituencies as well as from the Diaspo-raasorderedbythecourt.Form34 bears the results from polling stations while Form 36 is an aggregate of Form 34s at the constituency level. Thepainstakingeffortaimsat verifyingiftherewereanyinconsis-tencies between the number of regis-teredvotersperpollingareaandthe talliessignedandforwardedtothe National Tallying Centre by respective Returning Offcers countrywide. regisTered voTersThe scrutiny involving records re-turned by the presiding offcers in all the33,400pollingstationswenton simultaneously with that of fresh tal-lying of votes in the 22 constituencies CORD suspects the number of people IEBC reported to have voted may have exceeded the registered voters in that particular station. Lastevening,thePresidentofthe Supreme Court, Justice Willy Mutun-ga,whoisleadingthesix-judge-bench, toured KICC to assess the fresh verifcationprocessthejudgesor-dered on Monday.The judges, who have been engag-ing lawyers on preliminary arguments, will begin the serious business of ad-judicating the issues touching on the presidential elections this morning.Theywillhearthemainpetition fledbyRailachallengingtheIEBCs declaration of Mr Uhuru Kenyatta as President-electonMarch9,forthe nexttwodaysafterwhichtheyare expected to deliver their historic rul-ing latest Saturday.The PM had applied to have a fo-rensicauditofalltheInformation Technology (IT) equipment and elec-tronicfacilitiesusedbythecommis-sion.Hehadappliedforanorderto haveIEBCcompelledtoproduceall the equipment and information on its equipment, including computer serv-ers,tohavethecourtconductthe audit.But in a ruling read out by Justice Ibrahim Mohammed, the bench said that owing to the strict time limits the courthastohearanddisposeofthe case, it would not be possible to have a thorough audit of the IT system. The applicationwasfledonMarch19, fourdaysaftertheflingofthepeti-tion.Whattheapplicantseeksatthis timeinthedayistheproductionof what amounts to the complete IT in-frastructureofIEBC. Wearenotper-suaded that such an order as is sought by the applicant can be fully complied with before the hearing of petition set tocommenceon27thofMarch,he saidHeadded:Indeed,ifthepeti-tioner had fled the application at the timeofflingthepetitionandpro-ceededtoservethesameuponthe same respondents, it would have been possible for the court to issue appro-priate orders during the frst mention of the petitions. The time for service, fling,hearinganddeterminationof the petition is indeed limited.presidenTiAl peTiTionJustice Ibrahim indicated that the courtcouldnotgranttheorders sought without seriously jeopardising the hearing of the main petition.He reminded the legal teams that all the petitions were to be heard and concludedwithinastrictandrigid timeframedecreedbytheConstitu-tion, saying the timelines were consti-tutional and not negotiable.Althoughtheapplicantsaidthat what was sought would be produced inaveryshorttime,thebodyofthe petitionindicatesadifferentthing. Theintentionoftheframersofthe Constitution must have been to has-tenthedeterminationofthepresi-dential petition given the high stakes involved and the great public interest thatwouldensurefromsuchpeti-tion, the judge went on.Thelawobligesthecourtoflaw toadministerjusticewithoutundue regard to procedural technicalities at the expense of substantive justice. But inthismatter,ourinsistenceonthe constitutionally-decreed timelines do not amount to undue regard to proce-dural technicalities, he added.JusticeIbrahimfurtherwenton: Ideally, an intending petitioner must utilise the seven-day window afforded by the Constitution following the dec-laration of results to fully prepare his orherpleadings.Likewise,there-spondentmustutilisethethreedays afforded by the rules to mount a com-prehensive response to all the allega-tions made in the petition,Butotherlawyerswhoopposed Railasapplicationarguedtheorder sought would require the production of the entire IT infrastructure of IEBC, whichtheytermedamonumental undertakingimpossibletoeffected within 24 hours and that it was just a fshingexerciseforinformation through the backdoor.They also argued that it had come toolateduringthePre-trialconfer-ence,whichisessentiallymeantto preparefortheactualhearingofthe petition. They added that if the order weregranted,itwouldderailthefair hearing of the trial.provide proofBut the PMs lawyers led by George Oraro insisted the application was an integralpartofthepetitionsinceit soughtinformationthatwascritical tothecasesinceitwouldprovide critical answers as to why the IT sys-tem failed on election day.They also arguedthattheinformationwould haveprovidedproofthatthesystem was designed to fail from the startTheyaddedthattheinformation requested was not as monumental as impliedbytheopponents.Theyar-gued that the information was easily available from the central servers.AUdiT rEpOrT On TAllying rEAdy The results of scrutiny and re-tallying of votes ordered by Su-preme Court on Monday will be presented to the court today The judges will receive the re-port of the re-tallying of votes from 22 polling stations The report will also give details on audit of Forms 36 used by IEBC in aggregating tallies from Forms 34 The court ordered the scrutiny of Forms 34 from all the 33,400 polling stations and all Forms 36 used in the tallying of presiden-tial votes The Registrar of the Supreme Court, Ms Esther Onchana will give the court the report Justice Njoki NdunguJustice Smokin WanjalaChief Justice Willy MutungaJustice Phillip TunoiJustice Jackton OjwangJustice Mohamed Ibrahim1Poll books and BVR systems and the electronic results transmission systems adopted by IEBC were so poorly selected, designed and implemented that they were destined to fail from inception, with the knowledge of Issack Hassan and the commission.2Collapse of the equipment fundamentally changed the system of polling and the number of votes cast as the discredited manual system has attendant risks and presents opportuni-ties for abuse and manipulation, which in fact took place.3Offcial list of registered voters inexplicably and mysteriously grew overnight by a large proportion on the eve of the election, notwithstanding that registration had closed some 30 days and was by law not permitted to be opened or changed.4Results contained wide spread instances of manipulation of the returns through alteration of Form 36 and in some instances the votes cast exceeding the numbers of registered voters.5 Total number of votes for Presidential candidates in some instances exceeded those cast for the gubernatorial and parliamentary elections after taking due account of any spoilt or rejected or disputed votes.SuPReMe COuRT JudgeSISSueS RaISed IN The PeTTITIONThe law obliges the court of law to administer justice without undue regard to procedural technicalities at the expense of substantive justiceCourt rejects key applications from Raila teamJudges dismiss thelate affdavits from Prime Ministers lawyers with costsPRESIDENTIAL pETiTiOnTOP:MsKethiKilonzo(standing) during proceedings for the presiden-tial election petition in the Supreme Court,Nairobi,yesterday.INSET: Kethioutsidethecourt.[PHOTOS:ALI ALALE AND EVANS HABIL/STANDARD]NATIONAL NEWS / Page 3Wednesday, March 27, 2013 / The StandardBY EVELYN KWAMBOKAThe heavyweights in the Supreme Courtroom,sometheageofherfa-ther and others her former lecturers, donotseemtodeterherresolveto representherclientinthehistoric case.Ms Kethi Kilonzo won the hearts of Kenyansonsocialmediaandisnow thetalkoftownevenbeforethe presidentialelectionpetitiongets under way this morning, owing to her manner of prosecuting Africogs case.Kethi,thedaughterofMakueni Senator-elect and Education Minister Mutula Kilonzo who is also a Senior Counsel is a typical case of like fa-ther like daughter.Kethi has not only shone the fam-ilytorchbrightlybuthasalsoshown that the best legal minds can be found amongst young people. Unlikesomeofherseniorswho haveexhibitedemotion,Kethihas beenabletoprosecutehercaseina rm but composed manner, hammer-ingthepointhometothedelightof many. Kethis determination has gone alongwayinhelpingdemystifythe beliefthatonlyseniorscanhandle majorcasesbeforetheCourtofAp-peal and the Supreme Court.Inthepresidentialpetitioncase before the Supreme Court, Kethi is the youngest counsel.The 2001 University of Nairobi law graduatehashandledmajorcases directlyandindirectlyasshebuilds her career among learned friends. KethihasactedforformerPresi-dentMoiinanumberofcases,in-cludingoneinwhichformerMP MakOnyango claimed he was unlaw-fullydetainedduringthe1982at-tempted coup.Basedonhersubmissiontothe Mutulas daughter follows in the family tradition and shows off her prowess at historic presidential petition appearing for Africogcourt, the then High Court judge Kal-pana Rawal absolved the former Head of State from any liability on grounds thattherewasnoevidenceofper-sonal misconduct in the detention of the petitioner.COMPENSATIONThe Attorney General was ordered to carry the burden of illegal acts per-petratedbytheGovernmentand RawalawardedthepetitionerSh20 million compensation.Inanothercasethattouchedon theissueofdualcitizenship,Kethi representedformerWajirSouthMP Mohammed Sirat in a matter that he wasrequiredtotakepleaasanAus-tralian citizen before the Chief Magis-trates Court.Lastyear,theyounglawyerwho hasbeenrunningMutulaslawrm with her brother, Mutula Kilonzo Jnr, after their father resigned in 2008 on being appointed to the Cabinet, took the Kenya Revenue Authority (KRA) to task when it seized Sh10 million from thecompanysclientsaccountto settle more than Sh300 million tax al-legedly owed by their father.The High Court issued an order in thetwosiblingsfavour,compelling Kethi Kilonzo: Like father, like daughterInthehumanrightsfront,Kethi hasledseveralcasesforclients whose rights have allegedly been vio-lated,includingtheIndependent Medico Legal Unit (IMLU).She moved to the EACJ where she led a case against the State for failing to take action on security ofcers who committedoffencesinMtElgonbe-tween 2006 and 2008.Kethiwasalsooneofthelawyers inacaseledbyKanuagainstthe thenNarcGovernmentontheKe-nyatta International Conference Cen-tre ownership dispute.ShejoinedtheUniversityofNai-robi in 1997 for her Bachelors in Law degreeandtheKenyaSchoolofLaw forherdiplomabeforebeingadmit-tedtotheBar.Shereturnedtothe UoNwhereshedidherMastersin Law specialising in Public Finance.Kethi was the top student in Kenya in 2006 audit examination conducted bytheAssociationofCertiedAc-countants.She is a member of Chartered In-stitute of Arbitrators (Kenya Branch), Association of Certied Chartered Ac-countants(UnitedKingdom),and Commissioner for Oaths. KRA to return the money. Inthecaseinwhichagroupof politicians challenged nominations of KenyanrepresentativestotheEast AfricanLegislativeAssembly,Kethi wasintheteamoflawyersthatwon thecasethatsawtheEastAfrican Court of Justice (EACJ) order the Gov-ernment to pay the politicians Sh160 million. ON LINE FEEDBACK @UrbaneKenyan: Fighting with Kethi Kilonzo would be a nightmare on a domestic lev-el. Her argument and presen-tation stings@coldtusker: I betcha Kethi Kilonzo will have many amicus requests today... Starting with one @IanECox@YvonneOkwara: Kethi Kilon-zo. Eloquent and rm. Knows her stuff!@Ngithongo: Fascinating to watch legal minds at work in the Supreme Court. Much re-spect to Kethi Kilonzo@kushsally : #Kethi Kilonzo-We need more women like her.She is doing what she knows best.Sio mambo na kulialia tupewe chance but showing what you gotPRESIDENTIAL PETITIONPage 4 / NATIONAL NEWSnot use the electronic register during thevoting.Iftheyusedamanual registerwhyhavetheynotprovided it? If they object to the production, the courtshouldaskwhyandiftheyare hiding something, she said.Shearguedtheprincipalmarked register should be a material pertinent andrelevantincourt.MsKilonzo claimed in 2,500 stations, the Biomet-ricVoterIdenticationwasnotpro-vided or it failed. PRINCIPLE REGISTERWhat we are asking is not an aca-demicexercise. Thereisevidenceby theafdavitsoftheIEBCthatthe numbers in the principal register dif-ferwiththoseontheforms,she added. RailaslawyerGeorgeOrarosup-ported her, saying she was entitled as a matter of right to the documents she was seeking. Thiscourtcantrelyontechni-calitiesonmattersofpetitions,he Commission says the register is stored in sealed ballot boxes across the countryJudges to rule on whether IEBC should produce manual registersSome of the visiting judges from Tanzania, Zambia and Botswana who toured the re-tallying centre at KICC. They were led by Chief Registrar of the Judiciary Gladys Shollei. [PHOTO: MOSES OMUSULA/STANDARD]By PAMELA CHEPKEMEIRe-tallyingofpresidentialelectionvotes from22pollingstationsasdirectedbytheSu-preme Court took off at Kenyatta International Conference Centre amid tight security.It involved auditing all Forms 36 used by the IndependentElectoralandBoundariesCom-mission (IEBC) in aggregating tallies from Forms 34. On Monday, during the Pre-trial conference, Supreme Court judges ordered the re-tallying of votes from 22 polling stations, which they read out.The exercise, which commenced at 8am soon after swearing-in of agents and representatives ofpoliticalparties,wasconductedbyofcials from Judiciary, IEBC and agents of the petition-ers in the case.Thepetitionersinthethreeconsolidated petitions and the four respondents were required to jointly appoint ten agents as observers in the scrutiny.Theagentstookanoathofsecrecy administered by Chief Registrar Gladys Shollei. The parties were sworn-in behind closed doors at the KICC early in the morning at a ceremony journalists were barred from.Thatscrutinyshallaimatestablishingthe number of registered voters, the votes cast and the votes rejected, the court said in a directive read by Justice Smokin Wanjala.Further,thecourtscrutinisedallForms36 usedbytheIEBCinaggregatingtalliesfrom Forms 34. This would establish the accuracy or inaccuracyoftheprocessandcomparingthe numberofregisteredvotersonForm34and those on principal register.Re-tallying of presidential votes takes off amid tight securityBy WAHOME THUKUThe Supreme Court faces the big-gestdilemmasofar,indeciding whetherornottheentiremanual voter register used and marked during the March 4 General Election should be produced before it.The court has been urged to com-peltheIndependentElectoraland BoundariesCommission(IEBC)to produce the manual register for veri-cation of number of registered voters and those who voted. A local NGO, Africog, has made the request in form of a notice to the IEBC to produce the register used in all the 33,400pollingstations.ButtheIEBC saysthemanualregisteris750,000 pagesandinportionsputinsealed tamperproof envelopes in sealed bal-lot boxes, stored across the country. It sayscollectingtheregisterswould take seven to 10 days. ButtwopetitionersGladwell OtienoandZahidRajaninsistthey needthemanualregistertoprove their case of massive irregularities on the document.The state of affairs and the dilem-ma was clear among the judges even astheyheardthearguments,yester-day. Lawyer Kethi Kilonzo, represent-ingthetwopetitioners,putupa spirited ght to have the IEBC ordered to produce the manual register.Shearguedthecommissiondid THE ARGUMENTS AS PLAYED OUT IN COURT Africog made the request in form of a notice to the IEBC IEBC claim the register is 750,000 pages long and stored in sealed tamper proof envelopes in sealed ballot boxes, across the country The petitioner insists they need the manual register to prove their case of massive ir-regularities on the document They also claimed the com-mission did not use the elec-tronic register during the vot-ing IEBC lawyer claimed the petitioner had only led in court a notice to the IEBC to produce the register and yet she wanted to scrutinise the register If they used a manual register why have they not provided it?If they object to the production, the court should ask why and if they are hiding somethingsubmitted.ButIEBClawyerPaulNyamodi said Kilonzo was making an applica-tion for scrutiny of the register yet all she had led in court was a notice to the IEBC to produce the register.Nyamodi told the court the marked registers being sought were in sealed envelopes kept in sealed ballot boxes in the constituencies.AnotherlawyerNjorogeRegeru, representing three voters in one peti-tion, described the notice by Kilonzo an academic exercise.MrKamauKaroliforIEBCchair-man Issack Hassan said the petition-ers should have led an application in her petition. LawyerFredNgatiasaidKilonzo shouldhaveledaformalapplica-tion.LawyerKatwaKigensaidthe noticeledbythepetitionershad expired since it was only intended to asktheIEBCproducetheregisters andaresponsehadbeengiven.The ruling will be made today.Wednesday, March 27, 2013 / The StandardBy PAMELA CHEPKEMEITheSupremeCourtrejectedan applicationbyconstitutionalexpert YashPalGhaitohaveKatibaWatch enjoined in the presidential petitions as a friend of the court. Having listened to all arguments from counsel and studied documen-tationsubmittedtothecourtwith regard to this application, this court is convinced that the perception of bias andpartisanshipwithregardtothe applicantinthismatterexist,said JudgeNjokiNdungu,whoreadthe ruling on behalf of the bench.Earlier,lawyersrepresentingthe Independent Electoral and Boundar-ies Commission (IEBC), the President-elect Uhuru Kenyatta and the Deputy President-elect William Ruto opposed theapplicationbeforesixjudgesat the Supreme Court in Nairobi.SAMPLE ARTICLESTheyaccusedProfGhaiofbeing partisanandconductingcampaigns againstthePresident-electandhis deputyintherunuptotheGeneral Election held on March 4.Thelawyersalsoproducedsam-plesofarticlesincourtauthoredby Ghai and Katiba Institute on the suit-ability of Uhuru and Ruto.AlawyeractingforIEBCtoldthe court that Ghai has a personal grudge against the chairman, Mr Issack Has-san.GhaialsowantedKatibaInstitute associated with him to be made party to the proceedings. He said the Insti-tute deals with matters of the Consti-tution and would help the court reach a fair decision in the petition. The objections came as the court dismissedanotherapplicationmade by an independent litigant, Isack Alu-ochier,whowantedtobeallowedto participate in the case.Thereasonfortheobjections against Ghai and Katiba Institute was that Ghai had taken a partisan stand andhadshownbiastowardsUhuru and Ruto in articles published previ-ously in various media.Court rejects application to enjoin Ghai in poll petitionsPRESIDENTIAL PETITIONWednesday, March 27, 2013 / The StandardPage 5Wednesday, March 27, 2013 / The StandardBy ROSELYNE OBALA PrimeMinisterRailaOdingasuf-feredasetbackaftertheSupreme Court dismissedlate afdavits dur-ing the pre-trial conference.Yesterday,JusticePhilipTunoi, partofthesix-memberBench,ruled after considering arguments from the respondentsandpetitioner,Prime Minister Raila Odinga.Hetookintoaccountthatparties haveadutytocomplywiththere-spectivetimelines,addingthatextra time will be a burden imposed on any party.He,therefore,orderedthatRailas late839pageafdavitbeexpunged from the court records.Thepetitionersafdavitsworn onMarch22,togetherwithannexes, which include the other afdavits, be expunged. The petitioner will bear the costsofobjectionproceedingsrelat-ing to the reply, he ruled.He noted that Railas lead counsel George Oraros submission was made reluctantly.It was without any application to do so, he said, arguing it was prudent to le the case before the pre-trial to allow for reply.Justice Tunoi said the respondents, theIndependentElectoraland BoundariesCommission,itschair-manIssackHassan,President-elect UhuruKenyattaandhisdeputy Wil-liamRuto,uponbeingservedthe Railas late afdavits dismissedJustice Tunoi says petitioner should have complied with timelines as respondents will not have time to replyBy WAHOME THUKUThe Supreme Court will this morn-ingbeginhearingthethreepetitions challenging the outcome of the March 4 presidential election.But the court is evidently rushing against the timelines set by the Con-stitution,whichrequireittodeter-mine the petitions by Saturday.Thephrasethatthecourtiscon-strained by time has been repeated by virtually each of the six judges and all themorethantenlawyerswhohave addressed it.Butthelawyerslasteveningdis-agreed on how much time each of the partiesshouldbeallocatedtomake oralsubmissionsandpresenttheir case.The court has consolidated all the threecasesanddecidedthatthey should be heard together.Two of the petitions, including one led by Prime Minister Raila Odinga, arechallengingthedeclarationof Uhuru Kenyatta as winner. The other two petitions are led by ofcials of a local NGO, Africog.But the third petition led by three voters is in favour of Uhuru. It seeks a declaration the rejected votes should nothavebeenincludedinthenal tally. YesterdayRailaslawyerGeorge Oraroproposedthatthepartiesbe given equal time.MrOraroproposedthatthecase ledbythethreevotersbeallocated one hour to be shared with the Attor-neyGeneralwhohasbeenadmitted as a friend of the court.LawyerAhmednassirAbdulahi representingtheelectoralcommis-sionchairmanIssackHassanpro-posedthatthecourtrstdealswith the case led by the voters.Tight timeline as Supreme Court starts hearingPolice ofcers guard KICC where the re-tallying of votes was taking place, yes-terday.[PHOTO: MOSES OMUSULA/STANDARD]petition,ledtheirrespectivereply-ing afdavits.He said having considered the re-spondentsargumentsandsubmis-sionstheyalsodiscoveredotheran-nexed afdavits.Recordsshowfurthersixafda-vits led by the petition in response, he stated.EVADE PAYMENTHe,therefore,saidtheafdavits couldnotstandontheirown. They are not independent afdavits led to stand on their own as evidence in the particularproceedings.Wewould understandiftheywereannexedas evidenceofthatafdavit,henoted adding such afdavits evade payment of ling.AndMrOraroimmediatelyap-pliedforleavetoobtainordersfor production of documents.But Tunoi argued this could not be granted for additional evidence as the respondents stated they are unable to respondwithinthenextavailable time before the hearing starts.Without limiting the generality of therules,itismandatoryforallpar-WHAT JUDGE SAID. Parties have a duty to en-sure they comply with time-lines, adding that extra time will be a burden imposed on any party. Railas lead counsel George Oraro should have made ap-plication to le the afdavits. The respondents IEBC, its chairman Issack Hassan, President-elect Uhuru Ke-nyatta, and his deputy Wil-liam Ruto had not been given ample time to replyPage 6 / NATIONAL Two morans injured in lion attack as KWS arrests 12 By PETERSON GITHAIGATwoMaasaimoransare nursing wounds at a hospital inAthiRiverafteralionat-tackedtheminKajiado County.The two were among oth-erswhohadearlierkilleda lionafteritinvadedtheir homestead.Themorethanvelions also killed three cows and in-jured scores of others at Old-onye Sampu area last night.However,theKenya Wild-life Service reportedly arrested 12residentsaftertheinci-dent.Thiscomesaweekafter thelocalskilledanotherlion whenaprideinvadedand killedonecow,41sheepand goats.COMBED AREASpeaking from his hospital bed,oneofthevictims,Mr MosesLemunanda,com-plainedofseriousinjuriesin the arms and legs.Pastor Simon Parsaloi said more than six lions invaded a homestead and mauled three cows. In retaliation, the villag-erskilledonelionatthefoot ofChilluhills.Itwasaround 3amwhenthefourlionsin-vaded a home and killed three cows.Themoranschasedthe lions and managed to kill one, he said.Yesterday,wardensfrom TsavoWestcombedthearea and arrested 12 residents, who were taken to Mtito Andei Po-lice Station.KWSspokespersonPaul Mbuguasaidtheywouldbe arraignedincourtatMakin-du. OurwardensfromTsavo Westarrested12Maasaimo-rans suspected to have hunted and killed a lion. They claimed the lions had killed their cattle, saidMrMbugua.TheKWS spokesmansaidlocalsshould notattacktheanimalsbut should wait for compensation. Butresidentssaidtheyhave suffered losses after raids with-out compensation.A moran who was attacked by lions at his home recovers at Shallom Hospital, Athi River, Kajiado County, yesterday.[PHOTO: PETERSON GITHAIGA/STANDARD]PRESIDENTIAL PETITIONties to comply with requirement, said the judge. Hesaidtheyareboundbyrules andespeciallybecausethiscasehas drawn national interest. Tunoistatedthatthepetitioner hadcontendedtheydidnotaskfor particularsearlier,sayingIEBChad assuredthatthemanualtallyingwas accurate.BOMB BLASTNATIONAL NEWS / Page 7By ROSELYNE OBALAIt is all systems go for todays land-mark swearing-in of governors-elect, as the devolved system of government takes root.But the governors do not havetheluxuryofcelebratingtheir win.Oncetheyoffciallyassumeof-fce,Kenyanswillbelookingupto themtodeliverontheircampaign promises. The stakes are high and since they arethefrstinKenyanhistory,their post is viewed as the solution to all the problems that have been ailing every county.Aftertoday,Kenyanswillbegin enjoying the fruits of the new Consti-tutionthattheyoverwhelmingly passedin2010tohavedevolution place, which is embedded in Chapter Eleven. However,thegovernorsjobhas beencutoutandtheymustembark on the real task of improving the for-tunes of their counties. The Transition Authority (TA) affrms that everything isinplaceforasmoothtransferto counties.The47CountyGovern-mentstakeoverthefunctionsofthe 174 defunct local authorities country-All set for swearing-in of governorsGovernors are the frst in Kenyan history, their post is viewed as the solution to all county challengeswide.TAChairmanKinuthiaWam-wangiadmitsthattheworkaheadis enormousandwillrequirethebest expertise.Though governors will be inherit-ingsomeoftheselocalauthorities withdebts,theywillbetaskedwith constituting an 11-member executive committeetooperationalisethede-volved governments.POLicY cOmPLiANcE The governors will also be required to constitute a County Public Service Boardthatwillvet,hireandsecond staff to the devolved governments. Mr Wamwangi stated that the governors would be required to set up manage-ment boards to undertake the opera-tionsinurbanareasandcitiesthat will last fve years.Theboardsshallimposesuch fees,leviesandchargesasmaybe authorisedbytheCountyGovern-mentfordeliveryofservices,ensure the implementation and compliance withpoliciesformulatedbyboththe nationalandCountyGovernment, heexplainedaspertheUrbanand Cities Act. InNairobi,preparationisatan advanced stage for the swearing-in of governor-electEvansKideroandhis deputyJonathanMuekeatUhuru Park.The exercise will be presided over byJusticeMsaghaMbogolitoday. Among the invited guests are top Gov-ernmentoffcials,dignitaries,and friends. Dr Kidero has also organised the governors dinner this evening.Devolved GovernmentCity council workers decorate Uhuru Park in readiness for swearing-in of Nai-robi Governor-elect Evans Kidero and his deputy Jonathan Mueke. [PHOTO: MBU-GUA KIBERA/STANDARD]By AUGUSTiNE ODUORTeachersServiceCommission (TSC) will have to wait longer to have three of its senior staff recruited. This isaftertheHighCourtnullifedthe contestedappointmentofthethree Commissioners,aweekafterChief JusticeWillyMutungadeclinedto swear them in citing the court case.This means that the appointments ofNairobiSchoolprincipalCleopas Tirop,FredrickHagaOchieng,and AdanSheikhAbdullahistillhangin thebalance.Thelisthasnowbeen takenbackforPresidentKibakito forwardafreshlisttoParliamentfor approval.Mr Mutunga said last week that he couldnotswear-intheoffcialsfol-lowinganunclearrulingthatnoted that status quo be maintained. The case at the High Court was challeng-ing the recruitment of the offcials.Justice David Majanja ruled Mon-day that the submission of a list that containedthenamesofpersonsre-jected by the National Assembly did not constitute fresh nominations.In his ruling, Majanja argued that the move violated Section 8(II) of the TSC Act. And to this extent, he noted thattheselectionmusttakenoteof gender,regionalrepresentation,and merit.TSC to wait longer to have senior staff recruitedWednesday, March 27, 2013 / The StandardUnmatched warranty 2 years 100,000Km;\gfj`kXjcfnXj,Dfek_cp@ejkXcd\ekf],,#/''+p\XijkfgXpStarts from:Ksh. 1,960,000*V.A.T Incl.Available 4x4 & 4x2 Double/Single Cab LEADING LEADINGJUSTIN MUTURI [PHOTO: FILE]Marende: Allow me to deliver Vision 2030By STEPHEN MAKABILANationalAssemblySpeakerKen-neth Marende says he would oversee the review of the National Assemblys StrategicPlanandalignittoVision 2030 if re-elected to the chair tomor-row.TheStrategicplanfortheyear 2008-2018requiresreviewtobringit into step with the current realities and circumstancesinwhichtheHouse functions, said Marende.MrMarende,whomaintained confdenceofbeingre-electedby supportfromacrossthepoliticaldi-vide, noted he has a vision for greater growthandtransformationofthe House after spearheading it over fve years in a polarised political environ-ment.We have challenges ahead which requireconsistenceandexperience. Forexample,about187MPsand Senatorsmaynothavereadyoffces evenaftertheongoingrenovationof HarambeePlaza,ProtectionHouse, and Ukulima House, said Marende.While the 11th National Assembly has 349 MPs, the Senate has 67 mem-bers, up from the previous number of 222 MPs in the 10th Parliament whose offces are at the Continental House.We are looking at this problem to ensure all of them have offces in the shortesttimepossible,addedMar-ende.ROUND ONE WINMarende said he was also prepared to oversee harmonisation and smooth running of the National Assembly and theSenate,andthatthereshould neverbewarbetweenthetwoon which should be superior to the oth-er.There should be amicable opera-tional partnership between the Senate andtheNationalAssemblytoadd valuetoourgovernance,Marende told The Standard in an interview.He said he plans to continue with theprogrammethatwillensureall MPsadoptInformationTechnology for their daily needs in the House.Marendesaidgivenhisperfor-mance over the last fve years, he de-servessupportfromCORD,Jubilee, andAmaniamongotherpartieson merit and that he was sure of winning the contest in Round One.AlthoughthepositionofSpeaker of the National Assembly has attracted severalcontestants,thebattleisbe-tweenMarendeandformerSiakago MPJustinMuturi,whoisfrontedby Jubilee.Page 8 / NATIONAL NEWS Wednesday, March 27, 2013 / The StandardBy GEOFFREY MOSOKUFormer Siakago MP Justin Muturis candidatureforNationalAssembly Speaker was boosted after his would-be-rival in Jubilee Alliance Mohamed Abdikadir stepped down.Mr Abdikadir gave up his ambition following intense negotiations ahead of the Jubilee Alliance two-day retreat in Naivasha.IjustreceivedacallfromAb-dikadirthismorning(Tuesday)in-formingmeofhisdecisiontostep downforme,MrMuturitoldThe Standard, yesterday.GarissaTownshipMP-electAden Duale too confrmed the move saying Jubilee was plotting to feld one can-didateforvariousseatsduringthe Thursday election.DONE DEALHe (Abdikadir) is a done deal, he has accepted to step down for JB (Mu-turi), Mr Duale said adding the coali-tion also plans to have one candidate for Senate Speaker.ThemovehasstrengthenedMu-turis candidature, who now faces in-cumbentKennethMarendeandfor-mer Wajir South MP Mohamud Sirat.Thethreearetheonlyoneswho have been cleared to contest in Thurs-dayselectionaselevenothersfailed to meet the qualifcations.OnMonday,formerGarsenMP Danson Mungatana agreed to pull out oftheraceandsupportMuturiafter President-electUhuruKenyattapre-vailed upon him.AndinURP,sourcessaidDeputy President-elect WilliamRutoandhis brigade were negotiating with former NationalAssemblySpeakerFrancis Kaparotoshelvehisambitionsand supportformerTurkanaCentralMP Ekwe Ethuro. URPhasagreedtopresentDuale as National Assembly Majority Leader, but is yet to strike a deal on who will become Senate Majority Leader.Jubileeisstrategisingtoensure theyhaveonecandidatetoface CORDs Farah Maaalim for the Senate Speaker.LawyerPhilipMurgor,too, hasappliedforthepositionandis counting on CORDs support.Muturi boost as Abdikadir pulls out of Speakers race (Speakersrace),MoyaleMP-elect Roba Duba said in a statement.SotikMP-electJoyceLabosowill bepresentedastheJubileedeputy SpeakercandidatetofaceCORDs Dan Maanzo and Abdikadir Aden.SenateClerkJeremiahNyegenye andhisNationalAssemblycounter-partJustinBundiarescheduledto releasenamesofthoseclearedthis evening.Uhuru and Ruto were scheduled to travel to Naivasha last evening to join over 200 MPs and Senators-elect in a retreat.By MOSES NJAGIHDivision was evident in the Jubilee team as its elected members retreated toNaivashatostrategiseonhowto capture key elective positions tomor-rowwhenthe11thParliament opens.Asectionofthelegislatorswere especiallydisgruntledbywhatthey termedasapushbythecoalition leaders to have Nominated MP Amina Abdallagivenadirectticketforthe Chief Whip position.Thegroup,largelydrawnfrom President-elect Uhuru Kenyattas The National Alliance (TNA) protested the move, saying Ms Abdalla had already beengrantedafavourthroughher nominationtotheNationalAssem-bly.Speaking on condition of anonym-ity,fearingtobeseenaschallenging thedecisionofthetwoprincipals, UhuruandDeputyPresident-elect William Ruto, the MPs-elect said that, likeallotherpositions,thedecision onwhowouldbetheChiefWhip should be left to the Naivasha forum to decide.UNQUESTIONABLE PUSHItisnotfairthatwhileweare readytodebateonwhoshouldhold all other positions, including the most important one of the Speaker, the is-sueofChiefWhipappearssealed. Thereisanunquestionablepushfor theslottobegiventoAmina,said oneMPbeforetheteamleftNairobi forNaivashasGreatRiftValley Lodge.TheMPsaidthenameofthe NominatedMPshouldbefoatedto theplenaryalongsideothersinter-estedinthepositionfortheelected leaders to make their choice.We are not resolutely opposed to Amina,butwefeelthatthenomina-tion slot given to her is a just reward forherworkwithintheparty.The positionshouldbelefttothosewho foughtoutintheelections,hear-gued.Jubilee house divided over Chief Whips position AmaniCoalitionhaspresented VihigaSenator-electGeorgeKhaniri ascandidateforSenateDeputy SpeakertofghtitoutwithCORDs WilfredMachageevenasnominated UDF Senator Martha Wangari claims Amani coalitions support.ONE CANDIDATETheAmaniCoalitionwishesto inform the public we have one candi-date, Senator George Khaniri for seat ofdeputySpeakerintheSenate. We request all members of Senate to sup-porthim. Wearenotpresentingany candidateintheNationalAssembly By CAROLINE RWENJIMore MPs entered the race for the deputy Speakers posts in the National AssemblyandSenateaheadofthe openingofthebicameralHouseto-morrow. Senator-electGeorgeKhaniriis beingfrontedbyAmaniCoalitionto contest position of deputy Speaker in the Senate. AndBalambalaconstituencyMP-elect Abdikadir Omar Aden joined the race for the position of Deputy Speak-er in the National Assembly.Mr Aden of ODM will battle it out with United Republican Party (URP)s SotikMPJoyceLabosowhowasre-elected for a second term and served in the Speakers panel in the last Par-liament.Dr Laboso is the only woman MP to have shown interest in the position. I served in the Speakers panel in the last Parliament and my record speaks foritself.Iamappealingtomycol-leaguesfromallpoliticalleaningsto support me for this position, she said on Tuesday.Mr Aden hopes to clinch the posi-tion with the support of CORD legisla-torsandanetworkoffriendsfrom otherparties.Ihavethenecessary qualifcations and the passion to per-form at this position, he said.HeisaformerheadofBritish AmericanTobacco(BAT),Hornof Africa Markets. He has also worked at the CFC Stanbic Bank.AdenholdsMastersinScience degree in International Business from South Bank University in the UK and a Bachelor of Science in International Business Management. The Constitution stipulates only a MemberofParliamentcancontest the position of Deputy Speaker unlike thatofSpeaker,whichcanbecon-testedbyapersonnotelectedasan MP.TheSpeakerspositionhasat-tracted the incumbent Kenneth Mar-endeandformerMPJustinMuturi among others.Laboso, Aden, Khaniri fght for Deputy Speakers postOPENING OF PARLIAMENTIncumbent National Assembly Speaker Kenneth Marende [PHOTO: FILE]Wednesday, March 27, 2013 / The StandardSee what others are saying, join us Online: www.standardmedia.co.keNATIONAL /Page 9DevolutionConfusion rages over governors offcesBy JAMES MUNYEKIand MUNENE KAMAU Governorselectedduring the last election fear that some offcialsinCentralGovern-mentwanttounderminede-volution.IncentralKenya,mostof themfeelthatalthoughde-volvedgovernmentwaspro-videdforintheConstitution, someGovernmentoffcials were yet to appreciate the new system.They cited the deployment ofcountycommissionersasa clear way of trying to dilute the devolvedunits,whicharean-chored in the Constitution.Sincetheoutcomeofthe recentpolls,therehasbeen pushandshoveamongsome governorsandcountycom-missioners over the location of residential houses and offces.PArAllEl SYStEMS ElectedleadersinNyan-darua County have taken issue withthemembersofthePro-vincial Administration for fail-ing to surrender their offces to them.Theleaderstermedthe moveasonemeanttounder-minedevolution,sayingit might create a parallel system of government.Deputygovernor-elect WaithakaMwangiregretted Governors and county commissioners have been engaged in silent wars over offcesWhenwetookthegover-nor-elect on a tour of the sec-ondfoorandthecouncil chambers last week, he settled on the chambers whose reno-vation has begun, Keter said.Theadministratorsaidthe governor-electJosephNdathi and his deputy Julius Njiiri still haveanoptionofsettlingin anyprivatebuildinginKutus town, the proposed head quar-ters of the county.InMuranga,electedlead-ers said it was through co-ordi-nationthatthedevolvedsys-tem would work.Muranga deputy governor-elect Augustine Gakure Monyo saidteamworkwastheonly way out of the current tussle.Fromthestart,thegover-nor-elect Mwangi wa Iria and I are working smoothly with the countycommissioner,said Monyo.that the Provincial Administra-tion has failed to come to terms with the fact that the governor holdsthesovereignpowerin the county.The sovereign power of the county rests with the governor and there are some people who stillliveinthepast.Letthem know that devolution is a real-ity and they should take that in mind, said Mwangi, a former Kinangop MP.Confusionstillremainson where the new governor Daniel Waithaka will be working from after failing to agree on wheth-erthecountycommissioner EstherMainashouldvacate her Ol Kalou offce for the gov-ernor.Thisisdoinginjusticeto theConstitutionthatwe passed. It is a reality that devo-lutionsystemisbeingunder-minedbytheProvincialAd-ministration. We will not allow thistohappen,addedWait-haka.Heaskedthemembersof theProvincialAdministration to brace for a gruelling battle.Wearenotbeingdisre-spectful, but we are urging the commissionertoleavetheof-fceandweareprovidingher with a decent offce that will ft her.Thisisonlyourhumble request, he noted.In Kirinyaga, the renovation of the temporary offces for the KirinyagaCountygovernor-elect was delayed as he was yet to agree on whether to settle in the County Council chambers or elsewhere.LocalCountyCommis-sionerJosephKetersaidthe TransitionCommitteehad identifedtheentiresecond fooroftheformerKirinyaga DCs offce as ideal for the gov-ernor.TECHNOLOGY FOR DEVELOPMENTAN OPEN LETTER TOLAND ROVER AND J AGUAR OWNERSIN KENYA PAST, PRESENT AND FUTUREDear Owner,As you will be aware, there has been some uncertainty over the last few months over J aguar Land Rovers representation in Kenya.The purpose of this letter is to reassure you, our owners, thatwe are now able to look forward to a great future for the J aguar and Land Rover brands in Kenya.I would like to introduce you to our new partner, RMA Motors Kenya.J aguar Land Rover is delighted to be working in partnership with RMA in Kenya.RMA Group is a highly valued partner of J LR, being responsible for Land Rover in over 60 countries worldwide.With RMA, J LR is looking forward to introducing to Kenya the most exciting range of new vehicles ever seen in the history of these great brands starting with the all new Range Rover and the J aguar F-Type this year.In parallel, RMA will be making the significant investments in terms of people, premises and parts inventory to ensure the best possible service levels are maintained for you, our owners.RMA Kenya and J aguar Land Rover will be sharing their plans for the launch of the new operation over the coming days and weeks.In the meantime, RMA Kenyas contact information is shown below they look forward to hearing from you.Yours faithfully,J aguar Land Rover Sub Sahara Africa.LAND ROVER KENYA0714 110 110enquiries@landroverkenya.netwww.landroverkenya.netPage 10 / NATIONAL NEWSBy LUCIANNE LIMOAprominentbusinessmangota reprievewhentheHighCourtdis-missedanorderrequiringhimto declare his wealth.High Court Judge David Majanja ruledthatthenoticebythethen Kenya Anti-Corruption Commission (KACC)seekinginformationon Joshua Kuleis wealth was unconsti-tutional.Thecourtnotedthatthenotice the defunct KACC issued to Kulei to furnishthemwithinformationon hiswealthunderSection26ofthe Anti-CorruptionandEconomics Crimes Act (ACECA) was amended.Firstbeforethenoticeisissued there must be an ongoing investiga-tion and the person must be reason-ablysuspectedofcorruptionor economiccrimesandthebasisfor such suspicion must be set out in the said notice, ruled Majanja.He said the former KACC director should have stated specifc property as Section 26 prevents the commis-sionfromproceedingonafshing Kulei order to state wealth dropped Court rules directive by defunct KACC was illegal as there must be an ongoing probe after suspicion of graftexpeditionwithoutareasonable basispointingtospecifcproperty implicatedinsuspectedcorruption or economic crimes.I think it would be unfair for the petitionertoberequiredtoanswer toanoticethatdoesnotmeetthe standard set by the amended provi-sionswheninvestigationsaretobe carriedoutunderthenewlegisla-tion, said the judge.STATEMENT OF PROPERTYKulei had moved to court to chal-lengeanoticerequiringhimtofur-nish the anti-graft body with a state-ment of property under Section 26 of the ACECA eight years ago. In the notice dated July 12, 2006, theanti-corruptionbodydirected Kuleitoenumerateallhisproperty includingdescription,locationand approximate value within 30 days. Kuleitoldthecourtthenotice wasanintrusionintohisprivacy, inhumane and amounted to degrad-ing treatment.He was also required to state the periodheacquiredeachproperty, especially in respect to that acquired between1991and2002,andhowit wasacquiredbystatingifthrough purchase, gift or inheritance.ClearedSee what others are saying, join us Online: www.standardmedia.co.keYouths in Kerio Valley, Baringo County, march along Oinobmoi-Barwessa road to protest what they termed as unfair job distribution and poor tendering pro-cesses by Tullow Oil Company located in Block 12A. They alleged that jobs had been allocated to outsiders at the expense of jobless locals. [PHOTO: ROBERT KIP-LAGAT/STANDARD]We want jobs!QuickReadNYERI: Petition againstGachagua referred to CJA petition challenging the election of Nyeri County governor Ndiritu Gachagua is likely to take longer after the fle was sent to the Chief Justice for directions. Acting Nyeri presiding Judge James Wakiaga sent the fle to the CJ saying there was need for clarity on some of the issues raised by Gachagua, the Independent Electoral and Boundaries Commission (IEBC) and Nyeri County Returning Offcer. Thuo Mathenge, who was vying for the seat on a Saba Saba Asili ticket, has sued the IEBC for printing the names of his running mate as Geoffrey Gitonga Ndegwa instead of Dr Geoffrey Kamau Kibui.MOMBASA: IEBC wants election appeal dismissedThe Independent Electoral and Boundaries Commission (IEBC) wants petitions challenging the election of Ali Hassan Joho and Hassan Omar Sarai as Mombasa governor and senator respectively dismissed. Through lawyer Sanjiv Kagram, IEBC told a constitutional court in Mombasa that electoral disputes of this nature should not be entertained. IEBC fled the application after a loser for county representative in Changamwe Fredrick Ngesa Omondi and senate race loser Alice Mbodze Maitha, moved to the constitutional court for orders to stop swearing-in of Joho and Omar.Wednesday March 27, 2013 / The StandardNATIONAL NEWS / Page 11 Wednesday, March 27, 2013 / The StandardBy LUCIANNE LIMO Medical Services Minister Anyang Nyongo has moved to court to chal-lenge an order requiring all ministers and their assistants elected during the March 4 polls to resign.He further wants the court to stop theNationalAssemblyClerkfrom swearing-insenators,governors, members of the National Assembly or women representatives.Prof Nyongo says the administer-ing of oath of offce should wait until the next president is sworn-in before establishing the elective posts.The Kisumu County Senator-elect also wants the court to declare Head ofPublicServiceFrancisKimemias circular as null and void. The circular datedMarch18directedministers and their deputies to resign with im-Minister contends that the resignation of ministers, their deputies would land the country into a constitutional crisisNyongo moves to court to stop Kibaki order on ministersStephen Samo Okwaro, an employee of Paramount Bankat a Mombasa court yesterday. He denied stealing US Dollars 14,400 (Sh1,236,219) from the bank with others not before the court by virtue of being an employee between Au-gust 8 and 20, last year. [PHOTO: MAARUFU MOHAMED/STANDARD]Legal battlemediate effect so as to qualify to be sworn-inbytheClerkoftheNa-tional Assembly.ConstitutionalCourtJudge IsaacLenaoladirectedNyongoto servetherespondentsKimemia and National Assembly clerk and appear before him tomorrow.LEGAL FOUNDATIONKimemia directed all ministers andtheirassistantswhowere elected to step down save for those who did not compete or qualify for the elective posts to remain in Gov-ernmentuntiltheswearing-inof the President and appointment of Cabinetsecretaries.MrKimemia wascarryingoutthePresidents directive.Nyongoarguedincourtthat there was no constitutional or legal foundation requiring elected min-isters and their assistants to resign, adding that that could only happen aftertheswearing-inofthenext president.While awaiting the decision of the Supreme Court with regards to the presidential election challenge, absenceofaCabinetwouldocca-sion a crisis, added Nyongo.He said resignation of ministers would result in a vacuum and pre-cipitate a constitutionalcrisis.QuickReadEMBU: Election loser lodges petition against WamboraEmbu County gubernatorial candidate who lost in the March 4 General Election has lodged a petition seeking to nullify the election of Martin Wambora as governor. Kithinji Kiragu who vied on an Alliance Party of Kenya ticket emerged second with 82,825 votes against Wamboras 94,703. In his petition, Kiragu has included Wambora, county Returning Offcer David Kiambi and Independent Electoral and Boundaries Commission as respondents. Kiragu claims the election was not transparent and was unprofessionally conducted. NANYUKI: EACC gets order to investigate bank accountThe Ethics and Anti Corruption Commission (EACC) has been granted an order to investigate the bank account of an employee of the Water Resource Management Authority (WRMA). EACC forensic investigator Anthony Kahiga was granted the order to investigate the account of a Nanyuki based WRMA employee at Barclays Bank of Kenya, Meru branch. Nyeri Resident Magistrate John Aringo said the application to investigate the account was merited after Kahiga swore an affdavit saying the bank account is suspected to have been used to misappropriate Sh1.3 million belonging to the Nanyuki Water Users Association.Theft chargesBy Macharia KaMau Kenyan businesses are set toengagemorethan1,500 youth as interns for six months in the implementation of the fourthphaseofapublicpri-vatepartnershipempower-ment programme.This follows the call for ap-plicationstothefourthcycle of the Kenya Youth Empower-mentProject(KYEP),agov-ernmentofKenyainitiative funded by the World Bank and seekstoincreasecapacity among young people. Theprojectisseeking 2,250 youth that will be taken throughlifeskillstraining. This will be followed by com-petitiveinterviewsthatwill see1,550takenupasinterns invariousprivatesectoror-ganisations.Theinternswill workinfrmslocatedinNai-robi, Mombasa and Kisumu.KYEPisimplementedby Kenya Private Sector Alliance (KEPSA)andtheministryof Youth Affairs and Sports. KEP-SAandtheministryhave jointlyinvitedapplications from 15 to 29 year olds. Other thantheagelimit,theappli-cants should be in possession of a KCPE certifcate, been out ofschoolforatleastayear, notemployedandnoten-gaged in school.The number of youth se-lected for the programme is as follows;Nairobi1,350,Mom-basa600andKisumu300. Youth who meet the eligibility criteriaareselectedthrough anautomatedrandomselec-tion, said the statement call-ing for applications.Allselectedyouthunder-gotwoweekslifeskillstrain-ingatthestartofeverycycle andthereafter,acompetitive selectionprocessforintern-shipopportunitiesiscon-ducted by employers through interviews for those who com-plete the skills training.From the interviews, only 900inNairobi,450inMom-basaand200inKisumupro-ceedwiththerestofthein-ternship.Interestedyouth will apply online using by fll-ingformsfoundontheweb-sitesofKEPSAandthe Youth Affairs Ministry. One can also download the forms and fll them then send bypostore-mailscanned copiestothetwoorganisa-tions.Applicantswithoutac-cess to Internet can pick hard copies of the forms from dis-trictyouthoffcesinNairobi, Mombasa and Kisumu coun-ties.Internswillworkwith Kepsa to pick 2,250 youth for internshipFrom those selected for life skills training, 900 in Nairobi, 450 in Mombasa and 200 in Kisumu will be picked by frms as interns Page 12 / NATIONAL NEWS Wednesday, March 27, 2013 / The StandardBy JaMes anyanzwaNationalBankofKenya (NBK)isembarkingona majorbusinessprocessre-engineeringinitiative, which would drive business growth in a big way. Theprocessre-engi-neeringinitiativeispartof effortstostreamlinethe banksriskmanagement operations.Itisalsotargetingthe Corporate and Small Medi-umEnterprisebanking businessestodiversifyits balancesheetandreduce risksarisingfromhighin-terest rates that has affected itstraditionalretailseg-ment.Managingdirector,Mu-nirSheikhAhmedsaidthe moveseekstotransform the 44-year-old fnancial in-stitutionintoa Tier1bank within the next fve years.This initiative is expect-edtotakethebanktoa highergrowthtrajectory, the result of which the new CEOexpecttobeseenin theformofaccelerated businessgrowthinthenot too distant future.Aspartofthisexercise NBKisrecruitingnewtal-entstoflluppositionsof market,operationaland creditriskmanagersasthe state-owned bank gears up forthemajorturnaround underthenewmanage-ment.The banks net non-per-formingloansexposure grewtoSh652.72million duringtheyearendedDe-cember31fromtheprevi-ous years Sh300.21 million. Similarlyloanlossprovi-sions went up to Sh1.54 bil-lionfromSh854.45million in the same period. The di-rectors recommended a 1st andfnaldividendof20 centspersharetobepaid outtoshareholdersonor aboutJune7,2013subject toapprovaloftheshare-holdersattheannualgen-eralmeeting(AGM)tobe held in June 7,2013.The bank has also intro-duced the option of paying thedividendsthroughthe Safaricomsmobilemoney transfer platform M-Pesa.AccordingtoNBKsau-ditedfnancialstatements the banks pre-tax proft fell 53 per cent to Sh1.14 billion fromthepreviousyears Sh2.44billion.Munirsaid thedeclineisasresultof highandvolatileinterest rates, which forced the bank to pay heavily for deposits.By JaMes anyanzwaNationalOilCorporation (Nock) has embarked on a ma-jor plan to tap into the fast ex-panding low-end market.The move expected to lead toevenmoreintensecompe-titionintheoilmarketwould seethestate-ownedfrmen-hance marketing of customer-tailored products in towns and remote parts of the country.Competitionhasseenoil dealersmunchoneanothers marketshare,withanumber oftheforeignfrms,among them Mobil, British Petroleum (BP), Chevron and Agip exiting themarket.Somehavealso gained from popularity among publictransportoperators seekingbargainsonpump prices. In the latest strategy to expanditsshareofthemar-keting, Nock is going even fur-thertorejigitshumanre-sourcebase. Theoilmarketer is looking for a retail manager to drive the corporations sales andmarketingstrategiesand ensure achievement of the de-sired growth targets and prof-itability.Theretailmanagerwho willbeinchargeoftheretail networkcountrywidewould also develop, plan, implement andincreaseretailmarket sharegrowthinlinewiththe Corporation Strategic Plan.Thecorporationisalso seekstofllthepositionofa securityoffcertoprovidese-curitysolutionsandensure protectionofoperations, equipment, facilities owned by the Corporation as well as se-curity of employees. Currently, Nocksshareofthedomestic marketisapproximately9.3 per cent. Nock plans to expand itsretailnetworkto165sta-tionsandgaina15percent market share by 2013.Nock recruits as it eyes retail marketNational Bank seeks experts to re-engineer its growthcompaniesthatarealigned withsectorsidentifedaskey by the vision 2030.Thoseselectedwillget Sh6,000monthlystipendto cater for meals and transport, which is tied to full participa-tionintheprogramme.The interns will have to make their own accommodation arrange-ments.labour-intensiveDuringtheinternship programme,internsare placed in one of the following sectorswhichareconsidered to be the growth sectors in the KenyaVision2030fnance, tourism,ICT,manufacturing andMSEs(microandsmall enterprises,saidthestate-ment.Selectionofsectorswill bedoneduringthefrsttwo weeksoftrainingandproper guidance will be provided.KYEPwasstartedin2010 with the aim of increasing ac-cess to youth-targeted tempo-raryemploymentprograms andtoimproveyouthem-ployability. It has been fnanced by the World Bank to a tune of Sh5.1 billion($60million)andhas threecomponentsofprivate sectorinternshipsandtrain-ingimplementedbyKEPSA ($15.5 million), labour-inten-sive works and social services under the Prime Ministers of-fce ($43 million) and capaci-ty-buildingandpolicydevel-opmentundertheYouth Ministry ($1.5 million).The labour intensive works andsocialservicescompo-nenthassincebeendiscon-tinued.if you are creating a signifcant number of new jobs, or stuck in fnding the right skill set, cant fll a job, or have a great, new way for Kenyans to fnd work or employment, please email to address at the top of the page.tell us Selected youth undergo two weeks life skills trainingand thereafter, a competitive selection process for internship opportunities is conducted by employers nuMBer OF interns1,550jobcentre@standardmedia.co.ke The labour intensive works or Kazi Kwa Vijana was discontinued. In the internship programme, Nairobi will get 1,350 of the youth selected, Mombasa 600 and Kisumu 300. Youth who meet the eligibility criteria are selected through an automated random selection. [PHOTO: FILE/STANDARD]NATIONALNEWS/ Page 13By GATONYE GATHURAScientistsattheInstituteofPri-mateResearch(IPR)inNairobihave developedavaccineagainstdengue fever,whichwillsoonbereadyfor human trials.Twocasesofdenguefeverwere reported at the Coast over the week-end,thoughtheCoastDirectorof PublicHealthShahnazSheriffhas assuredKenyansthereisnocause for alarm.Dr Thoms Kariuki, director of the InstituteofPrimateResearch,says theyhavebeenworkingonthevac-cine for the last three years with Cu-ban researchers and so far it has been successful in animal trials.Wehaveexcitingresultsthat supportthesuitabilityofthecandi-datevaccineagainstdengue,and providethebasisforfutureclinical trialsonhumans,KariukitoldThe Standard yesterday.Thesearchforavaccineagainst the disease, Kariuki said, was prompt-edbyemergingevidencethatthere have been low-key outbreaks of den-guefeverinthecountryinthelast Scientists develop dengue vaccineResearchers in Nairobi have been working for the last three years and would soon be ready for human trialsthree decades. We have revisited our archived monkey samples since 1980, whichshowsevidenceofthevirus sincethenandwethinkrecentout-breaksarebeingtriggeredeitherby climatic or other ecological changes, he said.If all goes well, Kariuki says such a vaccinewouldbereadyforusein aboutfveyearstime.Kenyasis among fve vaccine candidates being worked on around the world with the most advanced candidate expected in the market by 2015.Thisvaccine,whichhasalready passedphaseIIIhumantrials,isbe-ing developed by the French pharma-ceuticalgiantSanofPasteur,said Kariuki.lOw pRiORiTYDengue vaccines have been under developmentsincethe1940s,but have been given low priority by phar-maceuticalcompaniesastheyare regarded as low proft products. TheWorldHealthOrganisation recentlyclassifeddengueasamong the most important emerging animal to human viruses.Earlyevidencefromanongoing dengue surveillance study by IPR and theInternationalCenterforInsect PhysiologyandEcologyinNairobi pointstomonkeysasbeingrespon-sible for hosting the virus.The surveillance led by Dr Jeneby Maamunisinvestigatingparasites circulating in non-human primates in Kisumu,Mombasaandotherurban areas. Human trialsCoast Province Public Health and Sanitation Director Anisa Omar addressing journalistsonthedeadlydenguefeveratheroffce.Severalpatientshave been admitted with symptoms of the disease. [PHOTO: KEVIN ODIT/STANDARD]BY liNAH BENYAwAFivesampleshavebeenfownto South African laboratories for testing fortheviruscausingdenguefever, which has afficted at least seven pa-tients in Coast Province.Thespecimensweretakenfrom fve patients at Pandya and Mombasa hospitalsonMarch17,accordingto CoastProvincialDirectorofPublic Health and Sanitation Dr Anisa Omar, who further disclosed that tests from theSouthAfricanlaboratorieshave not been concluded.She argued 80 per cent of the Den-guefeverwasnon-symptomaticand that there was no cause for alarm.AndoffcialsinMombasahave now disclosed that two patients taken ill with the fever hailed from Ganjoni andTudorestatesofMombasaand testsdoneattheKenyaMedicalRe-searchInstituteinNairobishowed they had contracted the disease.Although dengue fever is known to befatalandhemorrhagicinitsmost advancedstage,medicalexpertsin Mombasa insist the strain detected in the two patients is mild with less dra-matic symptoms, saying no death has been reported.Meanwhile, a signifcant pattern of theinfectionsreportedinMombasa is that all victims or suspected victims havebeenadmittedtoortreatedat private hospitals.Five samples fown to South Africa for testsWednesday, March 27, 2013 / The StandardOFFER!

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Page 14 / EDITORIALWednesday, March 27, 2013 / The StandardNational dialogue needed to address runaway crime Fertiliser use by Kenyan farmers is unlikely to hit its highest level of 36.40 kilos per hectare of arable land achieved in 2007.Infact,atthecurrentrate,itismorelikely to drop close to its lowest level of 27.14 kilos per hectare of 2002.There are serious implications should this happen. First, it will be a setback in terms of increasingacceptabilityoffertiliseramong farmers.Secondly, it will have a direct impact on Ke-nyas food security with the likelihood of a sig-nifcant drop in output for staple food crops.Last Thursday, President Kibaki ordered the Treasury to immediately release Sh3.34 billion to buy fertiliser and maize seeds.This was in recognition that it is the plant-ingseasonyetatleast50percentofKenyas farmers are yet to get seeds or fertiliser and so are stuck.Theironlyoptionistogoforuncertifed seeds and fertiliser, a decision indeed that some have already taken, and which also has its im-plications.The subsidy ordered by the President would have a positive effect, especially on the cost of fertilisers,butthisisdependentonensuring that middlemen are cut out of the process.Thatwillbeatallordergiventheopaque system employed by the State in importing and distributing fertiliser. Thesystemallowsforunsanctionedinter-ventions by various players down the pipeline before it gets to the farmers.The latter need fertiliser but the also need it in suffcient quantities and varieties. Theperennialfoodshortagesthathave rockedKenyaoverthelastsevenyearshave beenworsenedbytheabjectfailureofinter-ventionsbytheGovernmenttoalleviatethe same as well as unexpected variations in rain-fall patterns.unscrupulous merchantsInfactthelatterhasbeenabigreasonfor the dwindling maize output.Currently, according to data from the chief Governmentstatistician,Kenyasaverage monthly requirement for maize is slightly over 3.5 million bags, which cannot be met by local output.It is not clear yet how much maize is in the Strategic Grain Reserve stores.Regardless,everyyear,Kenyaisforcedto import maize to ensure there is enough of the staple to meet local demand. This is a drain of public funds that could be better utilised by the Ministry of Agriculture.Thisincludesinvestinginmodernstorage centres to limit the amount of maize that goes to waste on the farms.But it is critical that farmers get fertiliser and quality seeds soon if they are to take advantage of what is left of the rains. This is because smallholders, who lack suf-fcient State, and are at the mercy of unscrupu-lousmerchants,produceover80percentof maize harvested in Kenya. Leaving them to their own devices is rather likeplantingbeansandexpectingtoharvest cabbages. It is a recipe for disaster. The Standard is printed and published by the proprietors,The sTandard groupNewsdesk: 3222111 | Fax: 2213108Email: editorial@standardmedia.co.keGroup Chief Editor: John BundotichManaging Editor, Daily Editions: Kipkoech TanuiManaging Editor (P&Q): okech Kendo Registered at the the GPO as a newspaper.Sort out inputs mess to ensure food shortage is avertedWHAT OTHER MEDIA SAY... This moment: Even a cursory look at the African media will reveal an uncanny similarity between Eurocentric media trends and the contours of Sub-Saharan African press, which can be attributed to historical reasons.The contact Africa has had with the West over the years has a lot to do with how the average African processes and presents his thoughts. The dyed-in-the-wool Western infuence is discernible in an Africa that was once colonised by the West.However, the view of the cosmos that informs African thought and imagination is by and large a puzzle for Chinese, and vice-versa. Billion of Africans and a billion Chinese have many a symbiotic way of communicating and communing, and engaging in one of the greatest cultural, artistic and scholarly exchanges of the 21st century, apart from expanding economic and trade co-operation. Pakistan: It will be a while before we know if the former military dictator of Pakistan, retired general Pervez Musharraf, demonstrated courage or simply bravado when he chose to end his self-imposed exile of four years and return home.His decision comes in the face of heavy odds. Religious extremists belonging to the Tehrik-e-Taliban Pakistan have vowed to kill him. He is an accused in the 2006 death of Baloch leader, Nawab Akbar Bugti, and in the 2007 assassination of Benazir Bhutto. He also has to answer for the sacking of judges when he wielded absolute power for nine years. True to style, Musharraf has projected his return as proof of his bravery and determination to save his country from its dire straits. But is that the real story?His homecoming would clearly not have been possible without a deal brokered by Saudi Arabia, the powerful army and former prime minister Nawaz Sharif. Email Privacy: If law enforcement wanted to read your letters or other paper correspondence, they have to get a warrant. But in this age of technology, you dont have the same protections. If your email has already been opened or is more than 6 months old, law enforcement and other government agencies can read them.California Senator Mark Leno has introduced a Bill that would require all law enforcement agencies operating under the states jurisdiction to receive a warrant before reading the e-mail of private citizens. Internet companies, such as Google, Facebook and Yahoo, already require search warrants before turning over user data. You need to go to court, make the case that there is a reasonable cause to believe some illegal activity is ongoing, Leno says.Lenos Bill would also apply to messages and profle information stored on social networking sites like Facebook and Twitter. It is no secret that during times of transition, there is general laxity and even paralysis of various systems leaving societybadly exposed to opportunists. This is just such a time.Fraudsters are making a killing weaving through the cracks left by the uneasy relationship between the newly elected county representatives and central government offcers. Indeed, reporting relationship fowchartsare non-existent, leading to, sometimes, acrimonious exchanges and sow bad seed for the future State of the Union between newly devolved units and national organs.Fraudsters are taking advantage of thisto sell off munici-pality property like land, rushed tenders and even pocketed collections during the rickety transition. This despite stern warnings from the Transition Authority, law enforcement agencies and the Commission on Implementation of the Constitution. Most worrying, however, is the sharp increase in violent and frearm-related crimes. There has been wide-spread gun-related robberies and assaults in private residenc-es and business premises.mop-up firearmsThere appear to be a carjacking and robbery for every criminal caught by police and other arms of justice. As they become more brazen in their attacks, so has the publics frustration with police inaction and this has seen more lynchings reported.Is the police service lethargy a product of theconfusion reigning in the transition to devolution? Are criminal elements exploiting the thinness of the police boots on the beat, given that many offcers had recently been deployed to cover elections, secure borders, strike terror in the breast of the cattle rustler andalso hunt down secessionists?If so, should we expect another general mop-up of frearms in the wrong hands? Will community policing be re-invented to act as a stop-gap (and very temporary) measure to check the surge in crime? When will the Closed-Circuit TV system become operational? Who will light up the rods, and residen-tial areas because criminals thrive in the dark and in the shadows? Who is brave enough to give Kenyans a 100-day undertaking to signifcantly reduce violent crime?Yes, Kenyans can hope and dream too. JK8E;8I;K?