the standard 06.05.2014

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STANDARD T HE Kenya’s Bold Newspaper SPECIAL REPORT, P13 Tuesday, May 6, 2014 No. 29582 www.standardmedia.co.ke KSh60/00 TSh1,500/00 USh2,700/ 00 Police block public’s access to Ministry of Lands of ces,  P.8 Supreme Court reinstates Mary W ambui in Otha ya  ,  P.21 It’s sweet news for teachers, c andidat es Government strikes deal on promotion and recruitment of teachers to ward off confrontation with Knut, seeks to ease burden on parents by giving more cash to free primary education and scraps exam fees for 2015 Ruto conrms Mombasa terrorists were out on bond By MACHUA KOINANGE and CYRUS OMBATI Deputy President William Ruto has crit- icised the courts for giving terror suspects bail even as police face the new challenge posed by easily available bomb-making material. The Standard  exclusively revealed yes- terday that the late Jamal Mohamed Awadh and Suleiman Mohammed Sayyed, two of the suspected terrorists behind the attack on a bus in Mombasa last Saturday, had previously been arrested by police in a raid on the Musa Mosque in Februar y. Ruto said CONTINUED ON PAGE 2 By RAWLINGS OTIENO It is good news for teachers, candidates and parents after the Government announced waiv- ers and allocations to be included in the upcom- ing budgets to improve and lower the cost of ed- ucation. Beginning next year, candidates sitting national examinations at the end of primary and secondary education will no longer pay ex- am fees. Teachers are also big winners as Sh2.3 billion has been set aside to promote 7,500 CONTINUED ON PAGE 6 THE GOODIES A total of Sh4.4 billion set aside to promote 7,500 teachers and hire another 5,000 No more examination fees for KCPE and KCSE candidates starting next year Government to foot electricity and water bills and costs for paying subordinate staff Annual Government subsidy for each child in public primary schools increased from Sh1,020 to Sh1,530 Girls over 10 years old to receive sanitary towels More than 30,000 young graduates to be employed after completing the Kenya Future Leaders Programme Insecurity Deputy President William Ruto Education Cabinet Secretary Peter Kaimenyi (right) with Kenya National Union of Teachers Chairman Mudzo Nzili at Jogoo House, Nairobi, yesterday after he announced that the Government will promote 7,500 teachers and hire another 5,000 in July. [PHOTO: WILLIS AWANDU/STANDARD]

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  • STANDARDTHEKenyas Bold Newspaper

    SPECIAL REPORT, P13

    Tuesday, May 6, 2014

    No. 29582 www.standardmedia.co.ke KSh60/00 TSh1,500/00 USh2,700/00

    Police block publics access to Ministry of Lands of ces, P.8Supreme Court reinstates Mary Wambui in Othaya, P.21

    Its sweet news for teachers, candidates

    Government strikes deal on promotion and recruitment of teachers to ward off confrontation with Knut, seeks to ease burden on parents by giving more

    cash to free primary education and scraps exam fees for 2015

    Ruto confi rms Mombasa

    terrorists were out on bond

    By MACHUA KOINANGE and CYRUS OMBATIDeputy President William Ruto has crit-

    icised the courts for giving terror suspects bail even as police face the new challenge posed by easily available bomb-making material.

    The Standard exclusively revealed yes-terday that the late Jamal Mohamed Awadh and Suleiman Mohammed Sayyed, two of the suspected terrorists behind the attack on a bus in Mombasa last Saturday, had previously been arrested by police in a raid on the Musa Mosque in February. Ruto said

    CONTINUED ON PAGE 2

    By RAWLINGS OTIENOIt is good news for teachers, candidates and

    parents after the Government announced waiv-ers and allocations to be included in the upcom-ing budgets to improve and lower the cost of ed-ucation. Beginning next year, candidates sitting national examinations at the end of primary and secondary education will no longer pay ex-am fees. Teachers are also big winners as Sh2.3 billion has been set aside to promote 7,500

    CONTINUED ON PAGE 6

    THE GOODIESA total of Sh4.4 billion set aside to promote 7,500 teachers and hire another 5,000No more examination fees for KCPE and KCSE candidates starting next yearGovernment to foot electricity and water bills and costs for paying subordinate staffAnnual Government subsidy for each child in public primary schools increased from Sh1,020 to Sh1,530Girls over 10 years old to receive sanitary towelsMore than 30,000 young graduates to be employed after completing the Kenya Future Leaders Programme

    Insecurity

    Deputy President William Ruto

    Education Cabinet Secretary Peter Kaimenyi (right) with Kenya National Union of Teachers Chairman Mudzo Nzili at Jogoo House, Nairobi, yesterday after he announced that the Government will promote 7,500 teachers and hire another 5,000 in July. [PHOTO: WILLIS AWANDU/STANDARD]

  • Tuesday, May 6, 2014 / The StandardPage 2 / NATIONAL NEWS

    the two were out on bond and their families confirmed they both died on Saturday in the attack in Mombasa.

    The terrorists are using cheap mo-tor vehicle ball bearings sold by car spare parts shops as well as nails from hardware stores to make their Impro-vised Explosive Devices (IEDs) more deadly.

    Bomb experts told The Standard they had established a pattern in their use in the attacks on two public ser-vice vehicles on Thika Superhighway in Nairobi and the Mombasa attack as well as a recent explosion at an eatery in Eastleigh, Nairobi.

    Yesterday, Ruto asked magistrates and judges to be strong partners in the war on terror, saying some sus-pects linked to recent blasts had been freed on bond.

    We call on the Judiciary to be a strong partner in the war against ter-ror. We call on all players in the jus-tice, law and order sector to stand with Kenyans, Ruto said.

    Security is our collective respon-sibility, said the DP, adding: What we are witnessing now is a terror group on the run. This is a group that is des-perate. It is our responsibility to take the war to them.

    suspects re-arrestedA judge recently blamed the liber-

    al Constitution of Kenya 2010 and laws that allow terror and capital of-fence suspects to be granted bail by the courts.

    The Prevention of Terrorism Act, however, provides that terror suspects can be detained beyond 24 hours with the authority of the courts, if police prove it is necessary.

    Yesterday, Ruto said records indi-cate that many terror suspects that jumped bail were linked to recent bloody campaigns of terror.

    He also named Fuad Abubakar Maswab, who is believed to have fled to Somalia while out on a Sh10 million bond and his co-accused Jermaine John Grant who had been re-arrested while in possession of explosives.

    Those who have fled to Somalia intend to continue their terror activi-ties. While they are abroad, the cases against them cannot proceed, seri-ously impairing the quest for justice and law enforcement, Ruto said.

    At least 22 terror suspects are re-ported to be out on bond.

    The DP spoke during a press brief-ing after meeting security chiefs in his Nairobi office in the wake of terror at-

    Kenya battles Shabaab militiaWAR ON TERROR

    tacks in Nairobi and Mombasa. Meanwhile, The Standard learnt

    that IEDs placed in soft target areas, specifically public places, that have now become the weapon of choice for terrorists, have one hardware compo-nent for deadly impact: motor vehicle ball bearings. The parts retail at only Sh200 in used motor vehicle part out-lets that easily place them in the hands of terrorists.

    human victimsYesterday, Mombasa police said

    the IEDs detonated at a busy Mwem-be Tayari bus station in Mombasa on Saturday were rigged with thousands of ball bearings to inflict maximum damage on its human victims in an explosion.

    They also appear to point towards one bomb maker or training manual. The simultaneous blasts in buses on the Thika Superhighway, Nairobi on Sunday is a tactic favoured by Al-Qae-das Somalia affiliate Al-Shabaab.

    Besides the ball bearings, nails and nuts, investigators also found traces of acetone, petrol and unidentified chemicals and liquids from the scene of the bus stage blast.

    A bearing is a machine element that constrains relative motion and reduces friction between moving parts to only the desired motion.

    The ball bearing weaponises an IED to another level, an impeccable security official told The Standard.

    It is now the biggest headache be-cause terrorists can buy the ball bear-ings for Sh200 in Gikomba or other second hand market places and add-ed to the bomb material make an IED.

    When the IED explodes, the small pellets fly in different directions in-flicting hot burns and severing limbs.

    Think of it like over 100 hot bul-lets discharged at the same time fly-ing in different directions, the secu-rity source says.

    In the Sunday attack in Nairobi, three of the victims had their legs sev-ered. Many other victims were maimed. Used car parts sellers and dealers in second hand car parts should be suspicious of buyers who are buying large quantities of ball bearings, he warned.

    In addition, he advised matatu se-curity personnel scanning boarding passengers that if their detector picks up anything inside a bag, they should insist on opening it to inspect the contents.

    If they open and find a contrap-tion with ball bearings and a cell-phone attached to it, they should know they have an IED, said the source.

    He said that in the case of the Sun-day attack in Nairobi, he believed the suspects boarded the two matatus near the Khalsa/OTC terminus, and alighted before the Roasters Inn bus stop. The two IEDs were remotely ac-tivated using a cell phone, he says.

    The suspects planted the IEDs and alighted. Sadly nobody saw the IEDS on time.

    blackmail stateYesterday, DP Ruto urged the pub-

    lic to be vigilant and help security agencies with information.

    It is not an opportunity for finger pointing. All of us have a responsibil-ity for ensuring our safety at large. We are on top of the situation and all you are seeing are kicks of a dying horse, said Ruto.

    Five drivers and conductors of the two buses attacked in Nairobi on Sun-day were arrested and will take a plea today for failing to stop the attack.

    They were detained at Kasarani police station where they were ques-tioned for failing to screen passengers and luggage.

    Ruto spoke a day after two blasts that killed three people and left 86 others injured on Sunday evening on two buses along Thika Road in Nairo-bi.

    The Government will not allow terrorists to dictate or blackmail us in-to changing our local or foreign poli-cy. We will not withdraw until Somalia has a stable and secure government free from terror, Ruto said.

    Present was Inspector General of Police David Kimaiyo, Director Gen-eral of National Intelligence Service Michael Gichangi, head of civil ser-vice Joseph Kinyua, Interior Cabinet Secretary Joseph ole Lenku and healths James Macharia.

    MORE ABOUT THE TwO ATTACKS Explosive devices in Mom-basa and Nairobi were similar, pointing to one bomb maker or training manual Bomb maker may be using attacks as testing grounds to adapt for bigger attacks Simultaneous blasts on Thika Superhighway are a tactic fa-voured by Al-Qaedas Somalia affiliate Al-Shabaab Materials for making IEDs, including fertiliser, potassium chlorate, ball bearings and nails are readily available and cheap Investigators found traces of acetone, petrol and unidenti-fied chemicals from the scene of the bus stage blast Records indicate that many terror suspects that jumped bail were linked to recent bloody campaigns of terror

    State asks courts, citizens to

    Deputy President William Ruto addresses the Press outside his Harambee House office, yesterday. With him from left are: Inspector General of Police David Kimai-yo, Cabinet Secretaries Joseph ole Lenku (Interior) and James Macharia (Health), National Intelligence Service Director General Michael Gichangi and other offi-cials. [PHOTO: GOVEDI ASUTSA/STANDARD]

    by James mWanGi and pkemOi nGenOh

    Even after two days of consecutive twin blasts claimed lives and injured scores in Mombasa and Nairobi counties, some matatu operators in Nairobi remain casual on safety of commuters.

    Barely a day after two explosives ripped off two PSV buses along the Thika Superhighway on Sunday, business went as usual with little worry about security issues.

    Yesterday The Standard conducted a spot check across some of the major matatu termini within and outside the city centre and witnessed

    lax security measures. Mwiki Sacco and Githurai 45 Sacco buses were attacked with Improvised Explosive Devices on Sunday evening but since yesterday no efforts had been made to screen passengers boarding the Githurai 45 buses along Ronald Ngala, Nairobi.

    suspiciOus luGGaGeBusiness at the busy, congested stage went

    on oblivious of dangers posed by such igno-rance. Commuters boarded unchecked with their luggage.

    Around the city, very few matatu Saccos car-ried out security checks. At the Bus Station, few

    bus operators conducted checks but most 14-seater matatus did not bother.

    Similarly, commuters appeared unconcerned of the people boarding with bags and other sus-picious items.

    At the busy Railways terminus The Standard could not spot any vehicle screening passengers before boarding, so was the case with many 14-seater operators along Race Course and other streets. However, the Mwiki matatus along Race Course had were screening passengers and their luggage.

    The Umoinner Sacco staff told The Standard the attacks have forced them to conduct the se-

    curity checks throughout.Ours is not when an explosive attack or car-

    jacking is reported. Screening has become our daily routine and we hope others will embrace this measure, he said.

    The twin blasts on the Thika Superhighway left at least two dead and dozens injured, at least three had their legs severed.

    Women and children were among the casu-alties in the latest campaign of terror. It came as police revealed that two men suspected to be be-hind a terror attack on a bus in Mombasa on Sat-urday had been arrested and released by the courts.

    PSV operators still lax about security measures despite brazen attacks

    Continued from P1

  • Tuesday, May 6, 2014 / The Standard NATIONAL NEWS / Page 3

    Kenya battles Shabaab militiaWAR ON TERROR

    By Standard reporter

    A police informer and suspected counter-terrorism agent has been shot dead at his house in Shella, Kilifi County.

    Alyaan Mohamed, who was a li-censed gun owner with alleged ties to police, was shot in the head when a man stormed his house on Sunday evening and opened fire on him then fled without taking anything.

    Acting Malindi OCPD Charles Rot-ich yesterday said the victim was as-sassinated.

    Mr Rotich said the attack on Mo-hamed occurred at around 8.30pm.

    We are told the man did not utter any word but he brandished a pistol and shot him once in the head, the OCPD said adding that the bullet went through the skull and exited injuring the victims brother-in-law, who was with him, on his left leg.

    Surviving relativeThe OCPD said the shooter es-

    caped on foot. We believe it is an as-sassination as by the time of shooting the police informer was armed with his licensed pistol and the suspect did not steal his gun, mobile phone or money, he said.

    Mohamed and his unnamed brother-in-law were rushed to the Tawfiq hospital in Malindi town where the police informer was soon pro-nounced dead. The surviving relative was treated and discharged.

    Sundays killing came barely four months after the killing of two other police informers with links to Kenya and US counter-terrorism agencies.

    In October last year, Faiz Mo-hamed Bwarusi was beheaded by people believed to be members of the Al-Shabaab and his headless body discovered dumped at Mambrui beach near Malindi.

    Early this year, veteran police re-servist Ahmed Abdalla Bakhshwein was shot dead by suspected Al-Sha-baab militants.

    Police spy assassinated, brother hurt

    By ngari giCHuKi and Maureen aBWao

    Victims of the Sunday twin blasts on Thika Road recounted the horrific events but some were in too much pain to speak.

    Sharon Achieng, a Standard Six pupil at Murima Primary School, who was aboard the Mwiki bound bus to-gether with two of her siblings, a cous-in and her father, had just arrived in the city from Siaya ready to resume school on Monday when the terrorist struck.

    We had boarded a bus from town headed to Mwiki and on reaching Thi-ka Road Mall we saw some smoke in the vehicle and then heard a loud bang. We managed to jump through the window as the bus came to a halt, but I ended up breaking one of my legs, said Achieng yesterday.

    juMped outWe were rushed to Neema Clinic

    in Karasani before being brought here (Kenyatta National Hospital), she added. Despite the pain, she puts on a brave face as she narrates the or-deal.

    With difficulty, she stretches to point to her other two siblings and cousin who are fast asleep on the beds next to her.

    Their uncle Samuel Ochieng, who also had his child in involved in the blast, said the children although in stable condition, had broken their limbs while jumping out of the bus in a bid to save themselves, with the youngest among them being only five.

    Sharons father Francis Otieno was discharged from Aga Khan Hospital but declined to address the Press as

    help fight terrorism

    he rushed to his wifes aid who broke into tears on seeing her children.

    Dorothy Kalekye who was on the Githurai bound bus together with her friend sustained severe burns on the legs.

    I was with my friend heading home from town when I heard a loud blast. The explosion was too loud that it has affected my ears as I cannot hear properly, said Kalekye, who was visibly in pain.

    We had just boarded the bus as usual and we did not know that explo-sives had been planted inside the bus and neither did we see any suspicious

    character in the bus, she added.With tragedy being still too fresh in

    the minds some of the victims chose not to speak, as they looked still trau-

    matised. One of the doctors at the fa-cility said all patients are in a stable condition although for needed time to recover from the trauma.

    Earlier, President Uhuru Kenyatta had said security forces had already thwarted a number of attempted at-tacks.

    Praising the security teams, Uhuru assured them of further support that they need to keep us safe, adding: My governments pursuit of extrem-ists and their agents will continue; un-der law, it will be intensified. Those who chose to murder innocents will be defeated, he said.

    A victim of the Thika Road twin bus blasts at Kenyatta National Hospital, yesterday. [PHOTO: WILLIS AWANDU/STANDARD]

    Traumatised victims narrate ordeal that left several with broken limbs, severe burns

    I was with my friend heading home from town when I heard a loud blast. The explosion was so loud, it has affected my hearing Dorothy Kalekye, a victim

  • Tuesday, May 6, 2014 / The StandardPage 4 / NATIONAL NEWS

    and ferried in a vehicle that had been donated by the local county govern-ment.

    They were reportedly taken to Central Police Station in Nyeri the same night, but were not recorded in the Daily Occurrence Book as the case should have been. Incidentally, the fi ve were found dead the following day and there were no spent cartridg-es on the scene, reads the statement, which signed by IMLU Executive Di-rector Peter Kiama.

    According to autopsy reports, the four male bodies had gunshot wounds and there indications that they were shot at close range, some at distance of not more than 30 cm.

    The reports further claim the fe-male body showed that she died from asphyxia (lack of oxygen) due to hang-ing.

    There were signifi cant physical injuries to the hands and wrists in two of the bodies which may suggest physical assault of the deceased be-fore they were shot dead.

    CLOSE SURVEILLANCE Security sources that cannot be

    quoted as they are not authorised to talk to the press, have intimated that police were interested in the two young men who had just returned from Somalia.

    They were under the radar of se-curity agents. They had travelled to Nairobi and we suspect they were planning an operation in Nyeri when they were eliminated.

    Another source privy to investiga-tions said the youths have for the last few months been under close surveil-lance over their involvement in terror-ism. These are cases which have al-ready been identifi ed and profi led and their activities were being moni-tored very closely.

    In fact, no police offi cers or secu-rity agent from Nyeri was involved, and most came to know about the

    Were ve Nyeri youths executed

    over terror links?

    Villagers view the bodies of fi ve people that were found dumped in Tagwa Forest. Mohammed Salim Karanja addresses journalists soon after his son Yusuf Mwangi was killed. [PHOTOS: FILE/STANDARD]

    By STANDARD TEAM

    Five people whose bodies were found dumped in a forest in Nyeri a fortnight ago could have been killed after they were suspected of involve-ment in terrorism.

    Sources have revealed that two of them had secretly travelled to Somalia where they received military training before sneaking back into the country. Three days before they were executed, the two were said to have travelled to Nairobi on an undisclosed mission.

    A relative to one of the deceased revealed that they were informed, by a person whom he declined to name, that the youth were killed over suspi-cion of being members of the terror group.

    The fresh details contradict initial reports that the fi ve, Yusuf Mwangi Mohammed, also known as Pique, 18, Mohammed Kaburu, 19, Kelvin Ki-huri, 25, Simon Kingori, and Martha Wairimu Gitonga, 25 were common criminals who had been terrorising Nyeri residents.

    When their bodies were discovered in Tagwa Forest on April 16, shocked relatives told journalists that they were picked by police as they left a popular bar in Ruringu where they had been watching a football match.

    Relatives of the deceased have since clammed up and are unwilling to talk just as the witnesses who ini-tially testifi ed that they saw the vic-tims being loaded into a police vehicle outside the pub.

    We have established that some of the potential witnesses have gone underground and have not recorded any statements with the police to as-sist in establishing what actually hap-pened on the night of April 16, 2014 at around 10.00pm.

    In a press statement issued yester-day, Independent Medico- Legal Unit (IMLU) alleged that the deceased were picked by four police offi cers

    deaths just like any other member of the public, said our source.

    But IMLU in its statement linked four police offi cers, all of them sta-tioned in Nyeri, to the deaths.

    The source explained that the gang had crucial information about recruit-ment of youths into Al Shabaab months.

    Late last year, police in Nyeri ar-rested a youth in Ruringu on suspi-cion of being an Al Shabaab member. The suspect, who was handed over to the anti-terror police after his arrest was believed to have been away in Somalia previously, alongside his brother who was killed in the war-torn country by Kenya Defence Forces.

    He later escaped and came back to Kenya, and a report was made at a Nyeri police station after he allegedly threatened an imam of local mosque. The imam had allegedly objected to his suggestion that they build a mod-ern mosque, after he failed to disclose the source of the funds to be spent in building the mosque, said a senior police offi cer.

    Although the police have been linked to the killings, Nyeri County Police Commander Agnes Lihabi has dismissed the accusations and urged anybody with information to volun-teer it to the police to facilitate inves-tigations. Similarly, Nyeri Central OCPD Adiel Nyange said no report of arrest was made in any of the stations or posts Occurrence Book.

    IMLU believes there is a series of extra-judicial killings where victims have been abducted from their homes, killed and their bodies dumped in mortuaries far away from their homes.

    INNOCENTWe have recorded similar cases in

    Kakamega in the last few months. Indeed, since 17th April we have re-ports that two other persons were abducted by known police offi cers in Karatina. The body of one of them was found at Muranga District Hospital Mortuary yesterday with injuries sug-

    gesting that he had been tortured before his death.

    Ms Gladys Wangui, an elder sister to Wairimu, says her sister was inno-cent. They hailed from Kwa Huku in Kieni Constituency and was married to a Mr Gitonga, before they separat-ed.

    They have two children, who stay with my mother in Kieni since my sister came to Nyeri to look for a job. She had just worked at the bar for about one month. She previously worked at a popular eatery in Nyeri. town, said Wangui.

    By STANLEY MWAHANGA and WILLIS OKETCH

    Mombasa police believe that more than one home-made bomb was detonated at a busy bus stage in Mombasa in the Saturday evening blast. Police offi cers also revealed yesterday that the Improvised Explo-sive Devices were rigged with thou-sands of ball-bearings to infl ict maxi-mum damage.

    Besides ball-bearings, nails and nuts, investigators also found traces of acetone, petrol and unidentifi ed chemicals and liquids from the scene of the blast.

    From the trajectory of the marks (of the ball-bearings) it is not possible that one device was exploded, said CID offi cer Henry Ondiek.

    Last evening, a local offi cial admit-ted that Suleiman Mohamed Said, who died in the blast alongside Jamal

    Mohamed Awadh, had criminal re-cords but their families denied that they were terrorists with links to the controversial Musa Mosque as alleged by police on Sunday. Police suspect that the two were planting or detonat-ing the devices.

    A local chief described Jamal as a petty offender but stated he had no information of his alleged links to ter-rorism.

    JIHADIST CONVENTIONOn Sunday, Ondiek, a senior CID

    offi cer in Mombasa, said Suleiman and Jamal were arrested when police stormed the mosque to end an out-lawed jihadist convention on Febru-ary 2 this year and later released.

    Suleimans family defended him against allegations that he was in-volved in terrorism activities.

    I lost my son and now they are linking him to terrorism acts and

    claim that he was arrested at Masjid Musa. My son has never even set foot in the mosque. He doesnt even go to the mosque, he was just a mere tout trying to fend for his family, Leila Hatif, Suleimans mother said in Mombasa yesterday.

    Still yesterday, a woman who claimed to be Awadhs sister defended him against the terrorism allegations. A list provided by police on February 3 shows that a Mohamed Awadh was among those captured in the raid.

    Separately, detectives involved in the probe told The Standard that the two male victims appeared to have taken the full impact of the blast, leading to fewer deaths.

    The detectives say the suspects bodies were ripped apart by the blast, but Suleimans family claims that his body was largely intact but had a huge hole in the head and huge cuts in the abdomen.

    Police: More than one bomb exploded in Mombasa on Saturday

    Kenya battles Shabaab militiaWAR ON TERROR

    A General Service Unit offi cer disperses a crowd at Mwembe Tayari on Saturday after experts blew up an abandoned suitcase wrongly suspected to be bearing a bomb. [PHOTO: GIDEON MAUNDU/STANDARD]

  • Page 5Tuesday, May 6, 2014 / The Standard

  • Tuesday, May 6, 2014 / The StandardPage 6 / NATIONAL NEWS

    next three years, no pupil or student will pay any money to get education in public learning institutions.

    We are moving towards offering free basic education from early child-hood education to the secondary level. We have increased the capita-tion for each pupil that includes the examination fee, said Kaimenyi.

    Kaimenyi said the Government would also foot the electricity and water bills and meet the cost of pay-ing the subordinate staff.

    This is designed to eliminate levies charged by schools that burden par-ents. All these will be implemented progressively for the next three finan-cial years of the Jubilee Government.

    Currently, the capitation for each pupil is Sh1,020 but come next year, the amount will be increased by be-tween 44 to 50 per cent which trans-lates to between Sh448 to Sh510 per pupil. This means that the capitation for each child will be between Sh1,468 and Sh1,530 per child.

    Since the inception of the Free Primary Education in January 2003, enrolment has increased from 5.9 mil-lion to 8.7 million pupils currently in public schools.

    Last month, Wajir South MP Ab-dullahi Diriye moved a motion in Parliament to compel the Govern-ment to increase the capitation per child from Sh1,020 to 3,060 citing the ever-rising inflation levels.

    The CS maintained that it is the

    State in new bid to upgrade school system

    Education Cabinet Secretary Jacob Kaimenyi (centre) with Knut secretary general Wilson Sossion (right) and chairman Mudzo Nzili address the press. Kaimenyi said Sh2.3 billion has been set aside to promote 7,500 teachers. PHOTO: WILLIS AWANDU/STANDARD}

    teachers and an additional 5,000 tu-tors are to be recruited from July.

    And parents who have borne the brunt of rising school fees will also receive a reprieve, as the Government will foot some service charges in schools blamed for raising levies and also increase the subsidy for stu-dents.

    These are among the goodies Edu-cation Cabinet Secretary Jacob Kaimenyi announced yesterday dur-ing a press conference at the Kenya National Union of Teachers (Knut) headquarters where he met the union officials.

    Kaimenyi explained the measures are to implement the Basic Education Act, but it was also evident the inter-ventions were aimed at averting a looming confrontation with teachers. The Government promised to increase the capitation for the Free Primary and the subsidised secondary educa-tion in all public schools.

    Authorities moved to forestall an industrial action that had been called by Knut by accepting to recruit 5,000 teachers in the next financial year beginning July.

    Apart from bridging teachers deficit, the Government has set aside Sh2.3 billion to promote 7,500 teach-ers, a move calculated to avert an-other looming confrontation with teachers. Kaimenyi said that in the

    role of the Government to make sure that the teacher-pupil ratio meets the international standard.

    Girls over 10 years old will be sup-plied with sanitary towels after the Government increased the budget for the items from Sh200million in the last financial year to Sh 400million.

    According to Kaimenyi, in the next three years, students in all public Sec-ondary schools will have lunch at school at the taxpayers expense. We will make sure that all students in secondary schools get lunch at the school. We want to fully implement the Basic education Act as it is, said Kaimenyi.

    For promotion of teachers, the Government needed Sh3 billion but has only allocated Sh2.3 billion, fall-ing short by Sh700 million, which Kaimenyi says they will look for ways

    to fix. Talks and consultations are still underway. We will look for a way of fixing the deficit, added Kaimenyi. The second phase of the teachers commuter allowance has also been factored in the budget at a cost of Sh3.8 billion, which the teacher will start enjoying at the end of July this year.

    graduates jobsKnut Secretary General Wilson

    Sossion said the union had requested the Ministry of Education Sh18 billion for recruiting 40,000 teachers and another Sh5.9 billion for implement-ing the CBA signed last year to pay for commuter allowance. We have had consultations with the CS and dia-logued. We have been given part of what we requested and it seems the Government is committed to fulfil its pledges, said Sossion.

    However, the Government seems to be silent on the issue of Early Child-hood Development Teachers after Knut had requested 28,000 teachers that could have cost Sh4.8 billion. The Government is also moving to de-

    ethnicise and erase stereotypes by coming up with the Kenya Future Leaders Programme that seeks to make young graduates patriotic citi-zens.

    According to Kaimenyi, the pro-gramme will employ more than 30,000 graduates once they finish their stud-ies and they will be deployed across the 47 Counties and not in their original home counties. We are fine-tuning the programme that will create employment for young graduates. We must promote national cohesion and strengthen primary education out-comes, said Kaimenyi.

    The graduates will be first trained on lobbying skills, communication and leadership skills using a curricu-lum being developed by the Kenya Institute of Curriculum Development before they are deployed.

    Already, the Government through the Education ministry has set aside Sh355 million to kick off the drive, a move that will make young graduates get internship in various organisa-tions and companies once they graduate.

    kaimenyi opens basket of goodies... Cabinet Secretary Jacob Kaime-nyi announced that beginning next year, candidates sitting na-tional examinations at primary and secondary level will no lon-ger pay exam feesSh2.3 billion has been set aside to promote 7,500 teachers and an additional 5,000 tutors are to be recruited from July The State promised to increase the Free Primary and the sub-sidised secondary education funding in all public schools

    Schools reopen amid difficultiesBACK TO SCHOOL

    Continued from P1

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  • NATIONAL NEWS / Page 7Tuesday, May 6, 2014 / The Standard

    Uproar over Government plan to raise varsity fees

    By KENNEDY OKWACH

    Parents are disgruntled with the Governments failure to streamline the high tuition fees being charged by schools as students begin to report back to school today.

    They say they expected the

    task force established by Edu-cation Cabinet Secretary Jacob Kaimenyi to review school fees to come up with recommenda-tions before the start of this term.

    Most schools are now de-manding that parents pay the full fees for second term or at

    least 75 per cent of the charges before children are admitted back. A parent of a student at Chavakali High School said the institution, which charges Sh25,000 in second term, has asked guardians to pay at least Sh15,000 before students can be admitted. He said this has

    burdened parents who cannot raise the required money, forc-ing them to either delay send-ing their children to school or transfer them to other schools.

    Some parents cannot raise the whole school fees or the required percentage, he said.

    By ALPHONCE SHIUNDUand RAWLINGS OTIENO

    The chairman of the power-ful Public Accounts Committee (PAC) of the National Assembly now wants the Jubilee admin-istration to stop the planned fee increase for university stu-dents.

    Mr Ababu Namwamba (Budalangi) said the new amount will make university education the privilege of stu-dents from rich families.

    The PAC chairman said it was wrong for the Cabinet Sec-retary of Education, Prof Jacob Kaimenyi, to wake up one morning and decide that the fees have to be increased, be-cause the last time the fees was revised was a long time ago.

    Kaimenyi, a week ago, was quoted saying he was planning to form a team to review the fees for university students.

    Fees is a major problem. It is a big burden to parents, guardians and students.

    If you say you want to in-crease, so many of the bright students in our public univer-sity will not be able to get uni-versity education, Namwamba told The Standard yesterday.

    The PAC chairman queried the Jubilee administrations pledge to improve access to education, given that there was a team already reviewing the fee structure for secondary schools, with indications showing that an increase in the fees is inevitable, given the rise in the cost of living over the years.

    SPENDING HABITSWe run the risk of leaving

    higher education to the rich, said Namwamba, a key player in the opposition coalition, CORD.

    The MP, whose team has been auditing the countrys budget, and who is privy to fi rst-hand reports of the Audi-tor General about the spending habits of all ministries, said there was suffi cient money in Government to allow the State to fund higher education.

    If this Government is seri-ous about access to education, they have two options: They either set aside suffi cient funds to make university education free, or they should make it purely loan-based as it is in the United States, he said.

    Namwamba queried why the Government was keen on

    Parents unhappy with high cost of secondary education

    paying Sh1.4 billion to Anglo-Leasing fi rms, instead of pumping the money to higher education.

    Already, there is an MP, Irungu Kangata (Kiharu), who is preparing a Bill to increase the capacity of the Higher Edu-cation Loans Board (Helb), to have all university students get loans to study.

    Yesterday, university stu-dent leaders asked Kaimenyi to form a task force to seek opin-ion before the planned review of school fees that has elicited an uproar among learners.

    The leaders warned Kaime-nyi that if the task force is not formed in the next 14 days, they will be left with no option other than to stage peaceful demonstrations across the country to force his resigna-tion.

    Led by Kenya Universities Students Organisation (Kuso) President Babu Owino, the leaders said they were irked by lack of consultation as the main stakeholders, should Kaimenyi make his threat real.

    Prof Kaimenyi has not only declared war on univer-sity students but has shown that the Government has no vision to uplift the majority poor who toil everyday.

    He must institute a task force within 14 days, failure to which we will evict him from offi ce, said Owino.

    The leaders, drawn from the 31 universities and con-stituent colleges, demanded that the fees be reviewed downwards by at least 50 per cent.

    You cannot increase fees yet loan offered by Helb is not enough. Even if they increase the Helb loan, its still students who will pay, he said.

    Currently, Helb issues a minimum of Sh35,000 and a maximum of Sh60,000 per stu-dent per year.

    Schools reopen amid diffi culties BACK TO SCHOOL

  • Page 8 / NATIONAL NEWS Tuesday, May 6, 2014 / The Standard

    EU commits to foster good relations and increase economic support to Kenya

    By SOPHIAH MUTHONI and FAITH RONOH

    The European Union (EU) has praised the existing cordial relations with Kenya.

    At the same time, the union has committed to deepen the ties between the two interna-tional actors.

    EU Ambassador Lodewijk Briet said the decades-long ties in trade, security, development, and health that the two actors have been enjoying will contin-ue to be strengthened.

    Mr Briet made the remarks yesterday during the launch of the European Union (EU) Eu-rope Week at the National Mu-seum. The celebrations are to mark EUs continued partner-ship with Kenya.

    Under the theme Partner-ship through development, the event comes with a photo exhibition to showcase some of the projects the EU has been undertaking in the country.

    The exhibition will be run-ning all week and there will be a series of activities around Nairobi to engage Kenyans of all backgrounds, said Briet.

    Some of the activities sched-uled for the week include the launch of a project to tackle vi-olence against children, a mu-sical fusion extravaganza at Ke-nyatta University, a free entry public expo and a trade and in-vestment forum at KICC.

    The events will all culmi-

    Ngilu order to reform ministry affects services

    By CyRUS OMBATI Services at the Ministry of Lands

    have been grounded following an or-der by Cabinet Secretary Charity Ngi-lu to suspend all transactions for 10 days starting yesterday.

    Mrs Ngilu said the move was to fa-cilitate reforms at the central registry. She launched the exercise and invited the media to witness it.

    She, at the same time, appointed Jane Ndiba as the senior deputy chief lands registrar to oversee operations.

    Armed police officers were placed on fourth, sixth and ninth floors that house the National Lands Commis-sion offices. Apparently, the suspen-sion has affected NLC operations.

    They are not allowing us to even move a file from one office to another. Even distribution of letters cannot be done, said an insider at the offices. Staff members were required to pro-duce their identification cards to be allowed in.

    But the commission criticised Ngi-lus latest appointment, arguing that the Public Service Commission (PSC) is the one mandated to make the ap-pointment. Another official claimed

    CS directs offices including those of independent NLC be closed for 10 days

    open and declared that if any of their files go missing, the minister will be held responsible.

    The commission is independent and they should only bar people from going to the ministry offices and not ours. This is nasty and should not happen at all, said Ms Mukolwe.

    Ngilu, in an advert appearing in the daily newspapers, announced the department would be closed for 10 working days starting Monday, to re-

    Lands Cabinet Secretary Charity Ngilu at the Registrar of Lands offices in Nairobi yesterday. [PHOTO: BEVERLYNE MUSILI/STANDARD]

    nate in the launch of the annu-al EU report on European De-velopment contribution to Kenya.

    lIvINg STANdARdSGracing the occasion, In-

    formation, Communications and Technology (ICT) Cabinet Secretary Fred Matiangi said Kenya values the assistance from the EU especially on im-proving the living standards of the most vulnerable.

    Dr Matiangi said the EU-backed programmes in the country have helped in reduc-tion of poverty.

    The EU-funded commu-

    nity development programmes in different sectors targeting the poor have enabled the un-derprivileged to gain access to improved health care. They have also reduced maternal deaths, improved food security and access to safe drinking wa-ter, he said.

    Dr Matiangi pointed out that ICT, being one of the pil-lars of Vision 2030, substantial financial, material and human resources have been devoted to entrenching ICTs in the de-velopment of the country.

    To this end, the Govern-ment has laid out an elaborate ICT infrastructure, he added.

    Information, Communications and Technology Cabinet Secretary Fred Matiangi and European Union Ambassador Lodewijk Briet during the launch of the photo exhibition at the National Muse-um in Nairobi, yesterday. [PHOTO: JENIFFER WACHIE/STANDARD]

    PSC had not approved the appoint-ment and was planning to re-adver-tise the position.

    STANdOFFThe suspension of services

    prompted a standoff between the NLC and police, who barred the com-missions officers from accessing their offices.Whereas NLC officials had said their operations would continue as usual, police who had been under in-

    structions barred them from access-ing their offices.

    The officers also turned away the public who had turned up to seek ser-vices. Ngilu brought in more than 30 university students to assist her staff carry out the audit in the two-week period. But NLC termed Ngilus action as illegal. The shutdown effectively halts issuance of title deeds country-wide. NLC Vice Chair Abigael Mukol-we however insisted that offices would

    view central land registries, and that services would resume on May 19.

    The commission said it will open its services as usual and urged the public go there to be served in a sep-arate advert.

    Pursuant to the law, the commis-sion is an independent constitutional body and regulates its own proce-dures. In this regard, the commission would like to inform the general pub-lic that the commission will be open for business as usual, said Mukol-we.

    COMMUNICATION BReAkdOwNShe said Ngilus directive was ille-

    gal and could cost the country mil-lions of shillings in losses because she did not consult the commission.

    Some of the offices she said will be closed are under the commission, yet she did not consult us as it should be before making the announcement. We are there to serve the public but we do not understand why they are blocking the public, said Mukolwe.

    The central registry, the Nairobi registry and the records registry will all be closed for the exercise. Howev-er, the records registry is under the commission, officials said.

    To realise these objectives, the Lands Directorate has set up a pro-gramme aimed at re-engineering our business processes with a view to re-ducing the turn-around time on ser-vice delivery, the notice by Ngilu read.

  • Page 9Tuesday, May 6, 2014 / The Standard

  • Page 10 / NATIONAL NEWS Tuesday, May 6, 2014 / The Standard

    Shock as gang of 100 strikes, injures scores

    By PETERSON GITHAIGA

    As the country continues to reel under the upsurge of crime, there was a trail of blood and tears in Kitengela, Kajiado County, yes-terday. A gang of about 100 men armed with machetes, clubs and other crude weapons left scores of people injured during a retaliatory attack.

    The gang attacked members of the public indiscriminately in an orgy of violence that lasted hours.

    Shocked residents narrated how they witnessed the day light attack, and how they feared for their lives.

    Mrs Monicah Mweni was going about her business of selling fruits when the gang struck. I saw more than a hundred men armed to the teeth and shouting war songs. When they arrived near our house, we run for safety and left them de-stroying cars and houses, said Mweni. Another local, John Mach-

    The gangsters were armed and sang war songs as they carried out retaliatory attack

    aria said they suspected the gang was on a revenge mission after members of the gang were attacked on Sunday night, prompting to death of two.

    A contingent of Administration Police officers and their regular coun-terparts from a nearby Kitengela Po-lice Station gave chase and arrested two culprits who were hiding in an iron sheet rental house within the town. Police fired for more than four hours as they pursued the gang that torched a vehicle.

    TwO kIllEdArea OCPD Edward Wafula Masibo

    told The Standard that his officers were still pursuing the attackers and will ensure they bring them to book. This is an organised gang that is out to breach peace in our county but we will not give them a chance. I have or-dered the security agents to ensure that we nab them, said Wafula.

    He added that at least two people were killed on Sunday night while sev-en people have been critically injured and admitted to hospital following the retaliatory attack.

    I am sending a stern warning to these criminal groups that they will face the full wrath of law if they con-tinue with these heinous activities, said the police boss.

    The two suspects we have in cus-tody will help us with investigations

    to bring other culprits to book. Area Member of County Assembly

    Daniel Kanchori called for urgent need for police to ensure they dili-gently work on tip offs from members of the public to curb such bloody in-cidences.

    He said it was high time police of-ficers worked closely with members of the public, who might be having cru-cial security information, to enhance security.

    how events unfolded At least two people were killed on Sunday night when two warring groups engaged in a fight Yesterday, seven people were critically injured and admitted to hospital following a retalia-tory attack between the two groups A gang of about 100 attacked members of the public indis-criminately in an orgy of vio-lence that lasted hours Police fired for more than four hours as they pursued the gang that also torched a vehicle

    A vehicle that was burnt by an or-ganised gang that attacked residents of Kitengela, Kajiado County, yester-day. INSET: Administration Police of-ficers arrest a man after the attack. [PHOTOS: PETERSON GITHAIGA/STAN-DARD]

    By ISAIAH lucHElI

    A suit challenging a multi-million shillings tender by the Kenya Medical Supplies Authority (Kemsa) that had paralysed the supply of surgical equip-ment to public hospitals has been dis-missed.

    The Public Procurement Oversight and Review Board dismissed the ap-plication by Leadstar Company Lim-ited, which wanted the procurement of non-pharmaceutical surgical tubes, blades and cannulas and safety boxes nullified.

    The board notes that this tender involves the issue of supply of equip-ment which are to be used in public hospitals for the treatment of patients and notwithstanding the fact that the board has already found that all the grounds for review set up by the ap-plicant lack merit. It would be in pub-lic interest if patients can access the equipment without any further undue delay, the board ruled.

    Board chairman Paul Gicheru, who read the verdict, added that the company had failed to clinch the ten-der after it failed to meet some of the requirements which included the la-beling of equipment. Failure to prop-erly label the supplies would open a floodgate for counterfeited goods, said Gicheru.

    Leadstar had sought for a review on the grounds that Kemsa had vio-lated the Public Procurement and Disposal Act, the Public Procurement and Disposal Regulations and the Constitution by evaluating the com-panys tender document contrary to instructions to bidders and require-ments of the tender document.

    Kemsa gets green light to supply medical tools

    Woman in sons murder suit jailed for ten yearsBy FREd MAkANA

    A woman who killed her four-year-old son and dumped his body in a well after a domestic quarrel was jailed for 10 years by a Nairobi court.

    High Court Judge Nicholas Ombija convicted Jane Gathiga Maina for the murder of her son at their home in Kingeero, Wangige within Kiambu County on October 3, 2010.

    However, her husband Walter Njuguna Maina was set free for lack of evidence after Justice Ombija found that he had no common intention to kill the boy. A scuffle arose between

    him and Jane over Sh3,000 on the fate-ful day.

    FOuNd GuIlTyThe court heard that on the fateful

    day the childs body was found with strangle marks.

    A postmortem examination report presented before the court by Govern-ment pathologist Johansen Oduor during the trial showed that the boy died of strangulation.

    Following a trial at the court, Mrs Maina was found guilty of willfully murdering her son. The judge con-victed her on the strength of circum-

    stantial evidence adduced by various prosecution witnesses.

    Lawyer Omae, who represented the first accused, argued that the two had a peaceful marriage and would not have plotted the murder of their son. He pleaded for leniency for the accused, saying she has another child she gave birth to while in custody.

    Justice Ombija directed Mrs Maina to appeal within 14 days.

    Incase the mother is handed a death sentence it will be harsh to the child and I request the court to do jus-tice to the innocent child, Omae said.

    By cAROlINE RwENjI

    Labour Cabinet Secretary Kazun-gu Kambi can now breathe easy. A pe-tition filed by an activist challenging his academic qualifications has been dismissed.

    High Court Judge David Majanja dismissed the case in which activist Charles Omanga and eight others sought to have the Labour CS com-pelled to reveal his credentials.

    Justice Majanja said in his judge-ment that the petitioner had followed the wrong approach in seeking the in-formation. The petitioner argues that this provision (Article 35) is self pro-

    pelling and that a person is entitled to apply to the court directly for such in-formation to be given. In my view, this is the wrong approach, he said.

    Mr Kambi (left), the court said, cannot be coerced to provide the in-formation before a State organ, insti-tution or body is given an opportuni-ty to provide the information.

    The petitioner must demonstrate that the information sought is re-quired for the protection or exercise of any right or fundamental freedom, Justice Maganga said.

    The petition, he further said, failed as the petitioner failed to show how he requires Kambis degree to protect

    any of his fundamental freedoms.In the petition filed on January 22,

    Omanga challenged Kambis appoint-ment as the Labour CS and further sought to have the court compel the him to provide a self declaration form and produce his university degree.

    FuNNy BEHAvIOuROmanga accused Kambi of con-

    ducting himself in a manner incom-patible with the status of a degree holder.

    He claimed that that is reason enough to believe that the Labour CS is not a degree holder and that he gave false and misleading information on

    his competence.Kambi termed the petition as mis-

    conceived as that the information is available. The petitioner, he said, has failed to direct the request to the right body.

    The petitioner has not indicated that he intends to enforce a right or fundamental freedom as the manner of appointment and removal of a Cab-inet Secretary is provided for by the Constitution and in the circumstanc-es the court cannot be called upon to conduct a review of the appointment or commence the process of remov-al, he said.

    Court now throws out petition on Kambis credentials

    Jane Gathiga Maina with her husband Walter Njuguna Maina at the Milimani Law Courts yesterday. Mrs Maina was jailed for 10 years for the murder of her four-year-old son at Kingeero, Kiambu County.[PHOTO: FIDELIS KABUNYI]

  • Page 11Tuesday, May 6, 2014 / The Standard

  • Page 12 / NATIONAL NEWS Tuesday, May 6, 2014 / The Standard

    Kithure accuses

    leaders of abusing law

    By MOSES NJAGIH

    Senate Majority Leader Prof Kithure Kindiki has criticised the sudden wave of impeachment of governors by members of county assemblies, warning that it will slow down devolution.

    Kindiki said the constitutional clause allowing MCAs to impeach county bosses must be used spar-ingly and as a last resort to avoid incapacitating governors.

    Impeachment should not be used as the weapon of first resort. It should be used sparingly and only when all other avenues have been exhausted. It should never be that whenever a governor has done something wrong then MCAs rush to bring him down, said Kindiki.

    In a press conference yester-day, the Tharaka Nithi senator said the drafters of the Constitution an-ticipated that impeachment would only be the ultimate measure when all other avenues have been exploited.

    He said it was discouraging that MCAs were now abusing the provision and using the leeway to blackmail and issue threats to gov-ernors, hampering their perfor-mance.

    It (impeachment) is not meant to be abused to incapacitate gov-ernors from doing their work. It should be brought only when there are serious allegations of breach of law. It must not be em-ployed on frivolous grounds, he said.

    MCAs in several counties have either begun the impeachment process or given indications of their intention to send the county bosses home over various allega-tions, prompting senators caution that they will only entertain a pro-cess backed by strong grounds as stipulated in the law.

    Duale: Let KDF stay in Somalia

    By STEVE MKAWALE

    National Assembly Majority Leader Aden Duale says Kenyan soldiers should not be withdrawn from Somalia.

    Duale dismissed calls for an ex-it plan for Kenya Defence Forces troops serving under the African Union Mission in Somalia (Ami-som), saying peace has to be re-stored. We must stand by our troops serving in Somalia. The se-curity personnel need support of all Kenyans in the face of rising terror threats. We are not going to leave Somalia, said Duale.

    Speaking in Kuresoi South Constituency, Nakuru County, Du-ale said Kenya was yet to meet its objectives in Somalia. Until we eliminate terrorists, KDF shall re-main in Somalia, he said.

    Welcome to Nigeria, Mr President!President Uhuru

    Kenyatta inspects a guard of honour

    mounted by the Nigerian Armed Forces at State

    House, Abuja, Nigeria. Uhuru

    received a 21-gun salute, the highest

    military honour given to a visiting

    Head of State, with the Nigerian

    military band play-ing the two

    countries national anthems.

    The President, accompanied by

    First Lady Margaret Kenyat-

    ta, is on a three-day state visit.

    [PHOTO: PSCU]

    See what others are saying, join us Online: www.standardmedia.co.ke

    Will senators fury over MCAs

    favour Wambora?

    By MOSES NJAGIH

    Senate reconvenes this afternoon for a special session to deliberate on the fate of Embu Governor Martin Wambora, following the county chiefs second impeachment.

    The sitting comes as highly placed sources indicated to The Standard that the embattled governor could benefit from the heat directed at members of county assemblies

    Senate is unhappy with MCAs for using impeachment clause to blackmail and hold governors at ransom

    the goings-on in the house The Senate last week received the instru-ments of impeachment from the County As-sembly of Embu, prompting Speaker Ekwe Ethuro to call senators, who are currently on recess, for a special sitting The meeting is expected to deliberate on the way forward, following the new process The High Court nullified the initial pro-cess that had seen the House send Wambora home, granting him a major reprieve Khalwales team of 11 senators had ap-proved Wamboras impeachment, a position upheld at the vote by 45 of the 47 senators

    (MCAs) by senators over the im-peachment wave in counties.

    A group of senators led by Major-ity Leader Kithure Kindiki (pictured) and Kipchumba Murkomen (Elgeyo/Marakwet) turned the heat on MCAs at the weekend, accusing them of em-ploying blackmail and impeachment threats to gain favours from gover-nors.

    Yesterday, senators appeared di-vided on the new procedure, with some saying it will be unnecessary to constitute another special committee to determine the matter, given the grounds for impeachment are the same as those earlier handled by the first committee headed by Kakamega Senator Boni Khalwale.

    CASE DETERMINEDKhalwales team of 11 senators had

    recommended the impeachment of

    By PAMELA CHEPKEMEI

    The Law Society of Kenya (LSK) has moved to court to stop the Gov-ernment from paying out Sh1.4 bil-lion to non-existent companies in the Anglo Leasing scandal.

    LSK is seeking court orders stop-ping the Treasury and the Attorney General from paying any money re-lated to the 18 Ango Leasing types of contracts.

    Also being sought is an order com-pelling the Cabinet Secretary for Trea-sury Henry Rotich and the AG Githu

    Muigai to produce in court evidence of any payments made so far to First Mercantile Securities Corporation within seven days.

    LSK through lawyer James Mwa-mu told the High Court in Nairobi that the Government of Kenya was about to move Parliament to approve the il-legal payments.

    Judge David Majanja certified the case urgent and directed LSK to serve the Cabinet Secretary Treasury and the Attorney General for hearing to-morrow.

    The judge however, declined to is-

    sue interim orders stopping the Gov-ernment from making any pay-ments.

    Justice Majanja said he was satis-fied that the case was urgent but pay-ments were not likely to be made soon.

    The payment of $12 million is not so imminent as to demand an ex parte order, he ruled.

    Mr Mwamu said the application was urgent because Kenyans would be made to pay billions to non-exis-tent entities, if the court did not inter-vene.

    By BENARD SANGA

    The Industrial Court in Mom-basa yesterday halted a special conference organised by the Dock Workers Union (DWU) top brass to formalise the unions de-fection from the Central Organi-sation Trade Unions (Cotu) to the Public Servants Trade Unions Ke-nya (Pusetu).

    DWU officials had convened the meeting scheduled for yester-day afternoon to validate its de-fection to Pusetu and kick-start the process to enable Kenya Ports Authority (KPA) to start submit-ting members contribution to the new entrant.

    DWU Secretary General Si-mon Sang requested KPA to sub-mit the over 6,000 DWU mem-bers contribution to Pusetu as from next month through a no-tice.

    Union members contribute Sh100 every month and the move may deny Pusetu cash to roll out a recruitment exercise in Mom-basa scheduled to start this week as earlier announced by Sang.

    Upon reading the claimants application filed under certifi-cate of urgency it is hereby or-dered that there shall be no meet-ing of the special conference as advertised, the court ruled.

    The Industrial Courts direc-tive was reached at after some union members opposed to the defection filed a notice to stop the meeting that was expected to approve that members contribu-tions be remitted to Pusetu.

    Dock workers move to

    Pusetu halted

    Wambora, a position upheld during the vote by 45 of the 47 senators, with only Baringos Gideon Moi opposing while Embus Lenny Kivuti ab-stained.

    Wamboras case was determined by the House long ago and that is the Senates position. It would be a waste of time for us to again go back to the committee stage to listen to issues that had been canvassed, said a sen-ator who sat in the Khalwales com-mittee but declined to be named to avoid appearing to be anticipating debate, which is an offence in Stand-ing Orders.

    However, Murkomen, who also sat in the Khalwale-led committee, said he expected the House to treat the new impeachment apparatus as though it has never been brought to the attention of the house.

    Our proceedings must be as if we

    have never handled this matter be-fore. We will look at all the evidence afresh, ignoring the first proceedings that we had, said the Elgeyo/Marak-wet Senator.

    He added: If he (Wambora) brings a new line of defence that he had nev-er brought, we will evaluate it on its own merits and if he presents his case well, we may as well acquit him of the charges.

    Murkomen said Senate must re-spect the ruling of the High Court, which nullified the initial process, and treat the current impeachment afresh following the stipulations of the law.

    LSK seeks court help on Anglo Leasing payment

  • Page 13Tuesday, May 6, 2014 / The Standard

  • Page 14 / EDITORIALS Tuesday, May 6, 2014 / The Standard

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    Make education affordable for everyone

    WHAT OTHER MEDIA SAY...

    A free Press, said Albert Camus, can, of course, be good or bad, but, most certainly without freedom, the Press will never be anything but bad.

    Kenya joined the rest of the world in marking the World Press Freedom Day. This is a day that the United Nations General Assembly, acting on the recommenda-tions of Unesco, proclaimed in 1963 in Windhoek, Namibia. The 2014 celebration is anchored on three themes: the safety of journalists; the rule of law; and the sustainability and integrity of journalism.

    In Kenya, there is so much for the Fourth Estate to celebrate, yet there lurks unending fear of dark forces rolling back the achievements made so far. More than ever before, the led are holding their leaders to account for decisions they make while in service. A properly curious Press has made that possible. The Kenya Editors Guild has decried constant threats and intimidation by the State. It is not enough for the Executive to issue statements about the Governments commitment to supporting Press freedom. Government needs to match words with deeds. And one way of doing that is enabling journalists to access information through enactment of the Freedom of Information Act, in compliance with Article 35 of the Constitution.

    Lack of information and the secrecy that surrounds Government dealings is one reason why sometimes journalists get it wrong. When journalists are left to guesswork, there is bound to be distortions of facts and misrepresentation. The Government needs to appreciate the role the Press plays in informing and educating the public. As the Fourth Estate, the Press plays a critical role in holding the feet of the other arms of Government to the fire and celebrating the achievements of those in Government. It works for the common good. Govern-ments are used to mischief and would like to sweep under the carpet acts of misdemeanor by those in its ranks. A Press working in a freer environment will no doubt be a force of good for all.

    JK8E;8I;K?> CORPORATE FOCUS

    CorporateInterview

    In accordance with the Communications Commis-sion of Kenyas Mobile Termination Rates (MTR) glide path, the next reduction phase is set for July 2014. From this date, mobile phone operators will begin paying Sh0.99 for call terminations, down from the current Sh1.15, which was set last year. According to CCK, Safaricom accounts for 77.5 per cent of voice traffi c, meaning it terminates most of the calls.

    The lower rate is expected to make penetration slightly easier for the newly registered Mobile Virtual Network Operators (MVNOs) who will pay Safaricom less to terminate calls, which means they could po-tentially offer competitive voice rates.

    According to the Kenya National Bureau of Statis-tics, overall infl ation for April increased to 6.41 per cent, year on year. The rise was mainly driven by an increase in the costs of food and transport. The food and non-alcoholic drinks index rose by 1.66 per cent as a result of the prices of more food items recording increases compared to those whose prices dipped.

    The transport index increased by 3.62 per cent on the back of higher costs of petrol and bus fare. The housing, water, electricity, gas and other fuels index went up by 0.33 per cent due to higher costs of cook-ing fuels, but electricity costs decreased (-0.48 per cent) on account of forex charges dropping.

    Sh0.99 6.41%Cost of call terminations from July. Infl ation rate in April.

    Barclays Banks Humphrey Muturi. [PHOTO: WILBERFORCE OKWIRI/STANDARD]

    A NUMBER OF recent books have lauded the connection between walking just for its own sake and thinking. But are people losing their love of the purposeless walk? Walking is a luxury in urban areas. Very few people are obliged to do much of it at all. Cars, motorcycles, buses and trains all beckon.

    Instead, walking for any distance is usually a planned leisure activity. Or a health aid. Something to help people lose weight. Or keep their fi tness. But theres something else people get from choosing to walk. A place to think. And it is a particular kind of walking; not the distance between your house and the kiosk, but a more

    aimless pursuit. A Stanford University study has also shown that walking on a treadmill improves creative thinking.

    There is something about the pace of walking and the pace of thinking that goes together. Walking requires a certain amount of attention, but it leaves great parts of the time open to thinking. I do believe once you get the blood fl owing through the brain it does start working more creatively. Your senses are sharpened, says Geoff Nicholson, author of The Lost Art of Walking.

    Im far more likely to fi nd a solution by going for a walk than sitting at my desk and thinking. BBC

    In brief: Need to get your creative juices fl owing? Take aimless walks

    NumbersoftheWeek

  • New credit rating model ropes in informal sector

    ASSESSING RISK:

    Wider net: System to enable small businesses get loans from banks institutions, contribute tax revenue

    By JAMES ANYANZWA

    P lans are underway for informal and unorganised businesses to secure credit from formal fi nancial institu-tions such as commercial banks.

    This follows the development of a credit rating system for the business units.

    Mr Sam Omukoko, the managing director of Metropol Credit Reference Bureau (CRB), said the rating system seeks to help small businesses, most of which are unregistered and lack proper accounting records, secure credit from formal institu-

    FINANCIAL ACCESS

  • Business Beat Tuesday, May 6, 2014 / The Standard4

    By JACKSON OKOTH and MACHARIA KAMAU

    Intense lobbying saw employers get their way on Labour Day after the Government declined to increase the minimum wage.

    The salary increment has in recent years been given on this day set aside to celebrate work-ers. Last year, it was increased by 14 per cent.

    But Labour Cabinet Secretary Kazungu Kambi made it clear last Thursday that there would be no addition to employees payslips just yet.

    The trouble is that this particular document is likely to shrink further from June 1.

    This is when the State pension outfi t, National Social Security Fund (NSSF), imple-ments new deductions.

    The deductions will increase contributions to NSSF from a fl at rate of Sh200 to Sh1,080 per month for those earning Sh18,000 and or more.

    And more in this case could mean Sh100,000 or Sh500,000, which means the new rates will put more pressure on low-income earners than on department heads or top management.

    INCREASED CONTRIBUTIONSBut it is not only NSSF that

    is planning on raiding the payslip.

    The National Hospital Insurance Fund (NHIF), another statutory body, has been planning to increase its member contributions for some time now.

    NHIF said it is currently sorting out the issues that have stood in its way including court cases and workers could begin contrib-uting as

    much Sh2,000 per month to the fund by the end of this year.

    And then there are the unions that represent workers in various sectors of the economy that are asking for more contributions from their members.

    Further, the Kenya Revenue Authority (KRA) in addition to its pay as you earn (PAYE) deduction has widened its tax net to include withholding tax on all bonus and dividend payments made to company employees and members of savings and credit societies.

    But it is not just the ordinary Kenyan that is feeling the impact of the numerous deductions.

    Last week, Homa Bay MP Peter Kaluma disclosed that his Sh899,025 salary as a parliamentarian is

    entirely taken up by loan repayments, PAYE,

    sacco contributions, upkeep costs and other deductions.

    Mr John Mwaniki, the chief executive of Securities Market Consultants Limited, said that while the NSSF deduction of Sh1,080 might seem a small amount for top-tier employees, it would be

    WAGE EROSION:

    Central Organisation of Trade Unions (Cotu) Secretary General Francis Atwoli, left, hugs Labour Cabinet Secretary Kazungu Kambi during Labour Day celebrations in Nairobi. Cotu has sought court orders to stop an increase in some statutory deductions. [PHOTO: FILE/STANDARD]

    Workers face new raid on shrinking

    >> LABOUR The ideal payslip should only have the statutory deductions that include NSSF and NHIF. However, a typical payslip has other deductions that include loan repayments, John Mwaniki

    a heavy addition not only for low-income employees, but also some middle-level staff.

    The ideal payslip should only have the statutory deductions that include NSSF and NHIF. However, a typical payslip has other deductions that include loan repayments, Sacco contributions and Higher Education Loans Board (HELB) repayments, he said.

    Thus, the revision on NSSF rates will have a direct effect on peoples payslips and the effect varies across the divide. The new rates raise the deductible amount by between 80 per cent on the lower category and 440 per cent on the upper category. This will signifi cantly affect personal expenditure lists and we expect behavioural change on disposable income.

    He noted that in the face of mounting pressure on the payslip, salaried workers would need to adjust their fi nances to avoid a situation where they might be forced to pawn off personal belongings or borrow from loan sharks to help them remain fi nancially afl oat.

    One of the best fi nancial re-engineering tools involves debt restructuring, which is tailor-made to suit ones debt load.

    It is possible to restructure some of the deductions, like a bank loan, without much strain. This includes reschedul-ing the loans by increasing the repayment period on outstand-ing loan balances. One can also reduce their shares in the Sacco with an equivalent increase in NSSF contribu-tions, said Mr Mwaniki.

    PULLED IN ALL DIRECTIONSBut for people like Dennis,

    27 and single, fi nancial advice often goes right over his head.

    I have absolutely no way of improving the state of my fi nances if I did, Id have fi gured it out by now, he said.

    He works for what he calls a large company, so he asked that his surname not be used for fear of victimisation.

    My relatives, church pastors and former classmates know where I work and believe Im doing well. And with schools opening this week, Im getting calls from people asking for assistance to pay their childrens fees, but I am barely earning enough to sustain myself. Im being pulled in all directions.

    Would he consider moving to cheaper accommodation to lower his expenses?

    I cant. Theres my social

    status to consider. I cannot just live anywhere given where I work. Besides, it would require that I move further away from my offi ce, so my transport costs would increase, said Dennis.

    There are economists who argue that increasing wages would make the situation easier for people in Denniss situation.

    The entire country benefi ts when more people have more money to spend. Business begins to look up as consump-tion increases, and we have less people struggling to stay afl oat, said Mr Joab Some.

    But then there are those who criticise this argument, saying wage increments weaken the economy.

    If you increase the price of something, then you decrease the demand for it. What we need to focus on is increasing the skills of low-income earners, said Mr Ron Kenda.

    The Federation of Kenyan Employers (FKE) has also said increments to workers pay should be pegged on their productivity and prevailing market forces, not just the cost of living.

    The demand for better pay will always be there, but we have to see how to manage

    Burdened employees: The Government declined to increase minimum wages on Labour Day, a month before new pension deductions take effect

  • Business Beat 5Tuesday, May 6, 2014 / The Standard

    MARKET VALUE:

    LABOUR

  • Business Beat Tuesday, May 6, 2014 / The Standard

    OPINIONS

  • Business Beat 7Tuesday, May 6, 2014 / The Standard

  • Business Beat Tuesday, May 6, 2014 / The Standard8

    By JAMES ANYANZWAand MACHARIA KAMAU

    T aking economic growth as the base, everything that could have gone wrong during Uhuru Kenyattas fi rst year as President did just that.

    His Jubilee Administration faces a delicate balancing act in its bid to grow a stagnating economy, control the balloon-ing public sector wage bill, reach out to the poor and vulnerable, and deliver on pre-election promises that could determine the likelihood of winning a second term in offi ce.

    But with several economic engines virtually knocked out, Kenya has been running on one motor the last three years the so-called emerging sector, which envelopes mobile money transfer services, mining and Internet activity.

    However, even the motor for these high-growth sectors is slowing.

    The economy grew by a modest 4.7 per cent against analysts projections of between 5 and 5.5 per cent, and the Governments forecast of 6 per cent.

    And as the Government eyes double-digit growth, it is emerging that the sectors expected to drive the economy to middle-income status by 2030 may not do so, calling for a major policy shift.

    ECONOMIC PILLARThe economic pillar for the

    Governments long-term development plan was crafted to improve the prosperity of all Kenyans by achieving and maintaining a sustained economic growth rate of at least 10 per cent from 2012.

    However, in October last year, the double-digit growth target date was revised to 2017. This is contained in the second Medium Term Plan (MTP) that covers the 2013-2017 period.

    But the economys lacklus-tre performance is raising concerns over whether this dream is tenable in the near term.

    The economy grew by 4.6 per cent in 2012, and 4.7 per cent in 2013. The National Treasury projects a growth rate of 5.8 per cent this year and seven per cent by 2017.

    However, at the current pace of growth 0.1 per cent per year and if all things

    remain constant, the country will achieve 10 per cent growth in 2057.

    First, I dont think we are on track with Vision 2030, but I think we have the time to get on track. We are not spending enough to develop the country. Our recurrent expenditure is still too high, said Mr Nikhil Hira, a tax partner at Deloitte East Africa.

    I fi rmly believe that the economy can pick up in a big way if we put the right policies in place.

    Rising incidences of insecurity, increased costs of living, growing public debt and a fragile economy appear to be the Governments biggest headaches.

    In the fi rst Medium Term Plan (2008-2012), former President Mwai Kibakis regime identifi ed six priority sectors that contribute more than 50 per cent of the total value of the products and services Kenya produces in a year, otherwise known as its Gross Domestic Product (GDP).

    These sectors also account for nearly half of the countrys total formal employment.

    They were agriculture, manufacturing, tourism, wholesale and retail trade, IT-enabled services, and fi nancial services.

    But a closer look at these critical sectors shows they have not performed to expectations, and may require key policy interventions to turn them around.

    AGRICULTUREThe performance of the

    agricultural sector, which contributes about 23 per cent of the countrys GDP, declined last year.

    Poor rainfall and unfavour-able international prices for key export crops dampened the sectors growth to 2.9 per cent in 2013, against growth of 3.8 per cent in 2012.

    But according to the Governments Economic Survey

    ECONOMIC PERFORMANCE:

    >> SPECIAL REPORT I dont think we are on track with Vision 2030, but I think we have the time to get on track. We are not spending enough to develop the country, Nikhil Hira

    2014, the credit extended to the sector from commercial banks expanded by 3.9 per cent in 2013 from 7.4 per cent in 2012.

    The overall value of marketed production slowed to Sh344.61 billion from Sh334.73 billion, partly due to depressed production of certain major crops like maize, beans, coffee, cut fl owers and fruits.

    The sector was, however,

    Double-digit dream: Kenya was expected to grow by at least 10 per cent from 2012, but key sectors still performing below expectations

    Driving growth: Uhuru battles to fi x a virtually stagnant economy

    agriculture, and offers signifi -cant opportunities for export expansion.

    It accounted for 8.9 per cent of GDP and provided 12.4 per cent of the jobs created in the formal sector in 2013.

    The industry is among the few performers, growing 4.8 per cent in 2013 compared to 3.2 per cent the previous year.

    But analysts note that manufacturing can grow by larger margins if basics, such as cheaper electricity and good infrastructure, are put in place.

    According to economists at the Kenya Institute for Public Policy Analysis and Research (Kippra), the sectors below-par performance is a result of drought, high costs of produc-tion and credit, and competi-tion from imported goods.

    Its contribution to GDP declined to 9.2 per cent in 2012 from 9.6 per cent in 2011, and its contribution to total wage employment has gradually

    0.1%The increase in economic growth in 2013 from the previous years 4.6 per cent.

    boosted by increased produc-tion of tea, wheat, vegetables, potatoes and sugarcane on account of the good prices paid to farmers last year.

    In the horticulture sub-sector, the value of marketed fresh produce declined by 7.9 per cent last year as a result of low export volumes and depressed unit prices in the international market. Failed rains this year could make things worse.

    MANUFACTURINGThe sector has high

    potential for employment creation, is a stimulus for growth of other sectors such as

    worsened to 12.9 per cent in 2012 from 13.9 per cent in 2008.

    Kippra notes that the cost of doing business is a major concern for manufacturing fi rms in developing countries, and has dominated policy debates due to its adverse consequences on investments and profi tability.

    In their Kenya Economic Report 2013, the institute pointed out that the infl ux of counterfeits and volatility in international oil prices also affects the sectors perfor-mance.

    Manufacturing in Kenya is predominantly agro-based, but in newly industrialised countries, food manufacturing constitutes a small share, with the manufacture of chemicals, electronics and machinery constituting over 40 per cent of the total value added.

    According to analysts, revitalising the sector requires policy incentives geared towards high-value manufac-turing, inter-fi rm linkages and enhanced foreign direct investments (FDI).

    TOURISMThe story of the tourism

    sector reads like that of athletes at the top of their game who are set back by an injury and their chances of recovery get worse and worse the longer they are benched.

    The industry has suffered major setbacks in recent years, each leaving it weaker.

    Last year was no an exception and the sectors performance declined.

    The number of international

    With two engines virtually knocked out, Kenyas economy has been running on one motor in the last three years, and

  • Business Beat 9Tuesday, May 6, 2014 / The StandardSPECIAL REPORT
  • ROBERTI would like to applaud Maryanne

    for her enterprising nature. At 23, she has made such great strides in wealth creation. She is the kind of young person more people should be encouraged to emulate. Kudos for highlighting her story.

    JUNEI have just read Maryannes story and

    Im very inspired. I graduated from campus last year and hold a degree in communications, but Ive been unable to get a job. Ive spent a lot of time in front of the TV and in town with friends, but her story has made me realise Im wasting my prime years. I want to get started in agriculture. Im sure I can convince my parents to allow me to use a small portion of their shamba to grow something. Please send me her contacts so that I can seek her advice on what

    crops to grow, and which ones would have the best market as I am quite desperate to make money.

    JOHNYour edition last week had a lot of

    wake-up calls. From XN Irakis letter to the youth on job creation, to the two young ladies you profi led who are making do with what they have rather than relying on their education to get white-collar jobs. I hope the youth of Kenya are reading and paying attention.

    KINUTHIAI have truly enjoyed the article on

    creating wealth from seedlings. Kindly assist me with Maryannes number. I would like to know where she got that Swedish soil she mentioned she imported, plus the planting trays. Her business idea sounds viable, and I, too,

    know people desperately looking for good quality seeds.

    LUDOThank you for your inspirational

    stories each week. I liked the story of the lady involved in horticulture. Please send me her contacts as I would like to purchase some seedlings for a greenhouse I have.

    JABEZI would like to know how to build the

    kind of greenhouse Maryanne said she started with. Kindly help me get in touch with her.

    CAROLI am a farmer in Kajiado County

    and I also have seedlings for sale. How can I fi nd a market for them? Please send me Maryannes contacts as I would like to discuss a partnership.

    RODNEYI have a greenhouse in Thika and Im

    interested in starting another one purely for seedlings. Kindly get me in touch with Maryanne, Im interested in that special soil from Sweden that she mentioned.

    STELLAThank you for the very educative

    stories you give us each week. They are a good challenge and show us that young people are thinking hard about how to contribute to our economy. I just pray that they get the necessary support they need to continue excelling at what they do.

    WANJIKUI enjoyed your wealth creation idea of

    selling seedlings. I dont think people appreciate the great potential in this sector, I have experienced it fi rst hand and encourage others to get involved.

    Grow your money with tree tomato venture

    By LILLIAN KIARIE

    I n a small village near Limuru Town, there is a garden that yields rich juices and refi ned fruit salads.

    Mr Benson Nyingi, who owns the garden, is making a good living selling blueberries, strawberries, tree tomatoes and sweet melons, exploiting a market whose potential is still unrealised.

    The Ndenderu resident says he left his former position as horticulture manager after disagreeing with his employer on pay.

    I was fully dedicated to the job and did not picture myself doing anything else. However, when the need arose and I asked for a raise, I got a response that frustrated me and I realised my growth prospects in the company were limited. If I was to make a comfortable living, I had to be brave and branch out, Mr Nyingi says.

    To give himself a safe landing after quitting, he leased an eighth of an acre in Ndenderu. He started off growing strawberries.

    The strawberries fl ourished and I started earning from the farm. I was actually making more than what I earned as a manager.

    I was able to rent another eighth and started planting tree tomatoes, mostly because they are perennial, require little attention and are high yield-ing, he says.

    Fuss free: The fruit is easy to grow, thrives in most climates and is ready for market eight months after planting

    INVESTMENT IDEAS:

    Nyingi planted the red oratia variety after getting seedlings from a farmer in his village. The variety produces larger fruit than most others.

    I initially planted 150 seedlings each cost Sh125. The loamy soil was good for the tree tomatoes growth and I was pleasantly surprised by the produce.

    His fi rst harvest raked in three kilogrammes of tree tomatoes from each plant. He sold each kilo at Sh150.

    I made about Sh55,000 with minimal strain. This plant does not require much work after planting. I have made it a habit to irrigate the plant with a 17kg bucket of water every Wednes-day, and I spray pesticides occasionally, and thats it, he says.

    DECENT INCOMEToday, Nyingi has more than

    350 plants and 5,000 seedlings of the red oratia. When the fruit is in season, he says he harvests upwards of 600kgs of it, and it has brought in a decent income.

    As an employee, I had to rent a house in Limuru town and even kept off having children for fear of a higher budget. But today, I own several acres, Ive constructed a house and my children attend good schools.

    Nyingi opted for the red oratia variety because, unlike the dwarf tree tomato, 97 per cent of its yield is edible, and it has a shelf lifespan of six

    YOURFEEDBACK:

    Send an email to bizbeat@

    standardmedia.co.ke for contacts

    or information on the companies

    behind the business ideas we profi le.

    Business Beat

    >> WEALTH CREATION

    Tuesday, May 6, 2014 / The Standard10I made about Sh55,000 with minimal strain. This plant does not require much work after planting, Benson Nyingi

    months.When it is very ripe and