ALSO INSIDE

By WAHOME THUKU and FELIX OLICK

The case against Deputy Pres-ident William Ruto at the Interna-tional Criminal Court (ICC) could be dealt a big blow after the pros-ecution applied to withdraw a crucial witness from testifying.

The Offi ce of the Prosecutor (OTP) wants the case against Ru-to and his co-accused radio jour-nalist Joshua Sang adjourned to June to enable them put their house in order.

Prosecution Counsel Anton Steynberg made the application

before the Trial Chamber V(a) yesterday to withdraw witness number 25, who was scheduled to testify starting today.

Surprisingly, the prosecution lawyer admitted that during the

before the Trial Chamber V(a) yesterday to withdraw witness number 25, who was scheduled to testify starting today.

Surprisingly, the prosecution lawyer admitted that during the

Spotlight: Sappy: Nazizi before the Trial Chamber V(a) Sappy: Nazizi before the Trial Chamber V(a)

yesterday to withdraw witness Sappy: Nazizi

yesterday to withdraw witness and I in love,

yesterday to withdraw witness and I in love,

yesterday to withdraw witness number 25, who was scheduled and I in love, number 25, who was scheduled

P6to testify starting today.P6to testify starting today.Surprisingly, the prosecution

P6Surprisingly, the prosecution

Special lawyer admitted that during the

Special lawyer admitted that during the

Feature

before the Trial Chamber V(a) yesterday to withdraw witness number 25, who was scheduled to testify starting today.

Surprisingly, the prosecution lawyer admitted that during the

ENTER THE BRAND WAGON

CONTINUED ON PAGE 2

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Tourists leave Kenya over travel advisories By TOBIAS CHANJI and PHILIP MWAKIO

Hundreds of Western tourists are literally fl eeing holiday resorts on Kenyas coast follow-ing Wednesdays travel advisories by their re-spective countries.

The UK, US, Australia and France have all

advised their citizens against travelling to the region. Last evening, chartered aircraft arrived from Europe and left Mombasas Moi Interna-tional Airport with hundreds of tourists fear-ful of terrorist attacks despite assurances of safety by the Government.

In Mombasas South coast, some of the tourists evacuated had arrived just a day ear-

lier, signalling that most Westerners had taken the advisories seriously. Some hotels lost vir-tually all their guests after their mainly British visitors left.

At Diani Sea Resort, one of the hotels on the south coast that was most affected, around 125 Britons were to be airlifted by yesterday

CONTINUED ON PAGE 4

Echoes from the past

More trouble for Bensouda on Ruto witnesses

President Uhuru Kenyatta with county administrators at the Kenya School of Government in Nairobi yesterday, when he assigned them controversial new duties meant to strengthen their role of co-ordinating the functions of national Government in the counties. [PHOTO: MBUGUA KIBERA/STANDARD]

Memories of eras gone by come to life as Uhuru poses with of cers of the defunct Provincial Administration that Jubilee has retitled and given executive powers, angering governors

By RAWLINGS OTIENO and FELIX OLICK

The group picture of President Uhuru Kenyatta with offi -cers of Government formerly called provincial administrators donning their formal gear of days gone by symbolising serika-li (Government) stands out. Taken on the front lawn of the Ke-nya School of Government, the picture echoes the past three governments Kenya has had, which rode on the back of

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By MOSES NJAGIH

Senators clashed over the pro-posed Sh226.66 billion allocation to county governments, with the Oppo-sition terming claims that it reflects a 43 per cent of sharable revenue, a de-ception.

Opposition MPs claimed that it amounted to betrayal to give the allo-cation to counties when the Division of Revenue Bill was proposing reten-tion of Sh799 billions to national gov-ernment.

While the Jubilee senators insisted that it had to stick to the law and cal-culate the percentage of the county figures to the constitutionally stipu-lated last audited accounts approved by Parliament, the CORD senators said the figures should be seen along-side the Sh1.026 trillion, which is the expected revenue for the next finan-cial year.

There were heated arguments as senators from both sides defended their position, prompting Deputy Speaker Kembi Gitura to rule that de-bate should only revolve on what is stipulated in the law. Unfortunately the figures we can deal with here, ac-cording to the Constitution, is the last audited revenue approved by Parlia-ment, which happens to be those of 2009/2010 of Sh529 billion. Any other figure you quote is only hypothetical, ruled Gitura.

Minority Leader Moses Wetangula led the Opposition members in chal-lenging the figures, arguing that it is misleading for the Government to take its cheap propaganda that it was giving 43 per cent to counties.

AudItEd rEvENuEWhat we are giving to counties is

a pittance. It is a sad day that as we share resources we are retaining the lions share at the national level, ar-gued Wetangula.

But Wetangula came under attack, especially from Majority Leader Kithure Kindiki and the Finance Com-mittee Chairman, Mandera Senator Billow Kerrow, who had seconded the Bill, saying the Bungoma Senator was a member of his committee, which had deliberated on the Bill and agreed on the figures.

It is a shame that some members of our committee, who had three months to question these figures, are now coming before the House to dis-pute the same, said Kerrow.

But senators accused their col-leagues in the National Assembly of failure to approve revenue audited by the Auditor General.

Page 2 / NATIONAL NEWS

first disclose to them all the notes and video clips recorded during a session on Wednesday when the witness was being prepared by to testify.

Further, Khan asked for a disclo-sure of all the expenses and benefits incurred by the prosecution on the witness since October 2013.

The lawyer also asked for disclo-sure of all the oral and written conver-sations between the OTP and the Vic-tims and Witnesses Unit (VWU) regarding witness number 25.

He asked that the withdrawal re-quest not be granted until they had re-viewed the video and determined if they needed the witness.

However, the prosecution indicat-ed that it has no objection if the de-fence wishes to consult with the wit-ness with a view to calling him during their case. By reviewing the video, the Ruto defence hopes to establish whether or not the witness, who was already on the courts premises, had expressed willingness to testify.

Sangs lawyers did not oppose the application to withdraw the witness, but insisted that he should never be

Setback in Ruto case as prosecutor seeks to withdraw crucial witness

Nairobi Senator Mike Mbuvi, Deputy President William Ruto and radio journalist Joshua Sang in The Hague, Nether-lands, yesterday. [PHOTO: DPPS]

By MErCY KAHENdA

County governments should incorporate library services in development projects to promote public access to information, Sports Cabinet Secretary Hassan Wario has said.

Dr Wario (pictured) said information is powerful because the public will be able to participate in the

decision making process to ensure their interests are appropriately taken care of.

With statistics showing that about 24.9 per cent of Kenyans are illiterate, the Cabinet Secretary said stakeholders must work together to reverse this.

He spoke during the official opening of Kenya National Library Service in Nakuru where he said all world democracies and nations whose literacy lev-

els are high are easy to govern. Leaders should find proper ways of informing people of development projects to be implemented. This can only be suc-cessful if illiteracy levels are curbed, said Wario.

He said the ministry is committed to completing a Sh2.4 billion Vision 2030 flagship project that will house the National Library of Kenya and the Kenya National Library Services headquarters.

Counties told to plan for library services in development

witnesss preparation, it became clear that the witness was unable to accu-rately recall, or give a coherent and consistent account of critical parts of the evidence the Prosecution had in-tended to lead from the witness.

In the circumstances, the prose-cution does not consider that the wit-nesss evidence is sufficiently relevant or reliable to call as a prosecution wit-ness, particularly bearing in mind the limited court time available to the prosecution and the consequent need to present the most cogent and reli-able evidence, he told the bench.

Interestingly, Rutos defence team opposed the application putting a condition that they first be given cru-cial evidence, including a video of the witness preparation exercise recorded on Wednesday.

And as the Chamber decides on the withdrawal application today, it will also rule on whether or not Ruto, who is already in The Hague, should be allowed to return to the country just in case there are more proceed-ings.

CONfIrM CHArGESWitness 25 is so crucial to the pros-

ecution that pulling him out of the list could be detrimental to the case.

This is one of the witnesses whose evidence was relied on to confirm the charges against Ruto and Sang by the Pre-Trial Chamber in 2012.

His evidence was used 25 times during the pre-trial hearing and about 17 times when the prosecution briefed the court on the need to commence the case. He is the witness who, as the link-person for the prosecution, also procured about five other witnesses.

Some of the witnesses he linked to the prosecution later pulled out, and the Government was ordered by the court to trace them and compel them to go and testify, either from Kenya or any other place.

Soon after the prosecution had ap-plied to withdraw the witness, Rutos defence lawyer Karim Khan objected and requested that the prosecution

called in future.However, the lawyers representing

the victims Wilfred Nderitu supported the application for withdrawal.

Steynberg said the witness would never be called once taken out of the list.

vANISHEd IN SupErMArKEtHe said the OTP had already dis-

closed all the expenses and benefits made to the witness, and there was nothing more to disclose, adding that there was no other conversation that had taken place between the office and the VWU

Mr Steynberg said they were ready to disclose the video to the Chamber but not to the defence, adding howev-er that they could disclose the notes.

In their ruling the judges observed that part of Rutos request had already been disclosed and they were only to decide on whether the video should be disclosed. The judges also noted that the evidence of witness 25 had been heavily relied on during the con-firmation of the charges against Ruto and Sang.

The Chamber ordered that the proceedings resume today when the Ruto defence will address the court on their decision after reviewing the vid-eo. The judges also ordered that the witness remains at The Hague.

When applying for Ruto to be ex-cused from attending proceedings to-day, Khan said the DP had organised his national diary and, under the cir-cumstances, there was nothing much he was doing at The Hague. Ruto is re-quired to attend the proceeding of the first five days of every new session. He travelled to The Hague on Tuesday. The court declined to excuse him im-mediately, but ruled it would decide today.

The new development comes amid speculation that one of the 17 wit-nesses had also frustrated the prose-cution and declined to travel to The Hague once at the Jomo Kenyatta In-ternational Airport.

Her testimony was heard entirely in camera. Another witness is also said to have vanished in a supermar-ket in Eldoret while en route to the ICC.

Friday, May 16, 2014 / The Standard

Senators differ over proposed fund allocationContinued from P1

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Uhuru holds impromptu meeting with key budget committee

By ALPHONCE SHIUNDU

President Uhuru Kenyatta yester-day held a meeting with members of a key committee that deals with ap-proval of the budget.

The members of the Budget and Appropriations Committee (BAC) were called to State House for an in-formal meeting with the Head of State to discuss the provisions in the 2014/15 budget and government pol-icies.

The chairman of the committee, Mr Mutava Musyimi (Mbeere South) had told the MPs to be ready for the afternoon date with President Kenyat-ta.

The meeting comes just weeks af-ter the committee and Parliament re-jected the approval of Sh1.6 billion to be paid out to Anglo Leasing firms. It was held on the day the Parliamenta-ry Budget Office (POB) raised doubts about the Governments ability to float the Sh36.1 billion sovereign bond. Weve had a desire to see the President for the past nine months. Some of us met him in Nanyuki (in

Team that declined to okay Anglo Leasing payout weeks ago summoned to discuss budget provisions

March) but not all us were there. What he wants is a conversation, Musyimi told the lawmakers at their meeting in Parliament buildings.

Musyimi did not expressly reveal the details of the presidential meet-ing, but the timing when the MPs are working on the budget and with the Executive desperate to have the con-troversial Anglo Leasing payments approved could a pointer to what was on the table.

Senior Deputy Director in the PBO, Martin Masinde, told the committee that there was uncertainty regard-ing the bond. It is a roundabout way of telling the MPs that failure to clear the Anglo Leasing debts was going to open the door to a more expensive ex-ercise, which might in the end prove costly to the country, he said.

By PSCU

The Government is restructuring the National Youth Service (NYS) to effectively execute its mandate, Presi-dent Uhuru Kenyatta has said.

The President said NYS was criti-cal especially at this time when the Government is keen on ensuring the youth play a key role in the countrys development agenda.

He spoke when he witnessed the swearing-in of Dr Nelson Githinji as the new Director General of NYS at his Harambee House office.

President Kenyatta congratulated the Director General on his appoint-ment and wished him well in his new assignment.

The President urged Githinji to serve the country and youth with ded-ication. I am sure you are capable of delivering to the youth and the coun-try. Your organisation is important in helping us to mainstream youth in de-velopment, he said.

Dr Githinji was until his new ap-pointment the Tourism Secretary and replaces Mr Kiplimo Rugut who has been re-deployed.

The Swearing-in ceremony was conducted by the Principal Adminis-trative Secretary at the Presidency Stephen Kirogo. It was also witnessed by Cabinet Secretaries Felix Kosgei (Agriculture), Davis Chirchir (Energy and Petroleum), Joseph ole Lenku (In-terior and Coordination of National Government) and Ann Waiguru (De-volution and Planning).

By IMMACULATE AKELLO and JOSPHAT THIONGO

Civil society organisations yesterday staged a demonstration in Nairobi to condemn the ab-duction of hundreds of schoolgirls in Nigeria.

The demonstration was organised by Africa unite (FEMNET), Nigerian Students Association, Gender Violence Recovery Centre, Equality Now, Men for Gender Equality and AKILI DADA. They criticised the Nigerian Government and Africa for the sluggish response to the abduction of

more than 300 girls by Boko Haram a month ago. The campaign dubbed Bring back our girls was happening simultaneously in 21 other African nations. It is unacceptable that the highest of-fice in Nigeria took more than two weeks to re-spond to these tragedies, said Kerubo Abuya, a member of FEMNET.

The group marched from Uhuru Park to the Nigerian High Commission mobilising the pub-lic to show solidarity with the abducted girls and present a petition to the ambassador.

Speaking outside the Nigerian high commis-

sioners office, the organisations called for the Nigerian Government to take immediate action to locate and rescue the girls and prosecute those behind the kidnappings. They said the Government should strive to rebuild schools and reaffirm the girls right to security and education to restore their dignity.

The organisations called for the urgent ac-tion and support of the governments of Camer-oon, Chad and Niger to swiftly determine wheth-er the girls were transported into their countries and assist in their rescue.

Let political negotiations be done political-ly. Women and children should not be used as weapons of war or bait for negotiations, said Kennedy Otina, the director of Africa Unite.

Duncan Obelle, a minister at the Nigerian High Commission, assured them the message would reach his government, saying religious balance is what led to escalation of the matter.

Nigeria has a 50-50 religious balance of Christians and Muslims. The Government has not ruled out options for negotiations with the Islamist militants, said Obelle.

New NYS director sworn

into office

Kenyans push for release of kidnapped Nigerian girls

Mutava Musyimi John Mbadi

The chairman of the House com-mittee on Constituency Development Fund, Moses Lessonet, told The Stan-dard that the committee was keen to meet the Head of State to get his per-spective on where he wants to take the country.

WAGE BILL CRISISLessonet said the MPs were keen

to have the President address the wage bill, wastage in government, se-curity and devolution and lobby to have the money for CDF to be in-creased to the Sh35 billion that had been approved by the House.

But John Mbadi (Suba) was not impressed. He dismissed the meeting as a waste of time and an attempt by the Executive to compromise MPs.

He is compromising the indepen-

Page 3 / NATIONAL NEWS Friday, May 16, 2014 / The Standard

dence of the National Assembly. Theres no provision in law that when we make the budget, we consult the President. Even if we were to be mag-nanimous and agree to have a meet-ing with him, we ought to have wait-POB and meet him when we have substantive issues to raise, he said.

Next week, BAC will meet the Na-tional Treasury and other state or-gans, as they appear before MPs to de-fend their respective budgets.

PROPOSALS IGNOREDMeanwhile, BAC is angry that the

national Treasury failed to obey House resolutions on how much money should be given to specific govern-ment State organs.

The MPs were shocked when the economists and fiscal analysts from the POB said the Treasury had ignored their proposals. They were outraged when they realised that a redundant State organ, which Parliament had scrapped, had been allocated money in the budget for the next financial year.

Musyimi got surprised when he heard that the Poverty Eradication Commission was still in the books.

We said that it should be scrapped, and I notice that the Cabinet Secre-tary for Treasury Henry Rotich has given them money. The commission will have to be scrapped, perhaps with sanctions, said Musyimi.

In the budget estimates, the com-mission has been allocated Sh23.5 million.

Friday, May 16, 2014 / The StandardPage 4 / NATIONAL NEWS

evening, said the hotels Managing Director Harald Kampa.

Out of these, 108 had only arrived a day before the travel advisory was issued.

The tide of evacuations and can-cellations of bookings has sparked fears of job losses.

In Nairobi, the Government strongly protested the travel adviso-ries, terming them as unfriendly acts coming from our partners who have equally borne the brunt of global terrorism.

The challenges arising from acts of terrorism require concerted efforts to fight it and not behaving in a man-ner that accelerates it by causing fear and panic, Foreign Affairs Principal Secretary Dr Karanja Kibicho said in statement yesterday. (See separate story page 11).

Mr Kampa, who is also the Coast regions Kenya Association of Hotel Keepers and Caterers (KAHC) chair-man, told The Standard that Britains Tomson Airline was pulling out.

Layoffs inevitabLeI am just surprised because the

advisory was clear that Diani was not affected, but now all Britons are out, said Kampa. He said layoffs in the hotel industry were now inevitable.

We have told our casuals that starting Monday there is no job while a number of the permanent employ-ees will be sent on leave. Everything has crumbled, including our appren-tice programme, which is now on hold, explained Kampa.

Several tour agents working with visitors from Britain were also count-ing losses after most of them cancelled their bookings.

At JT Safaris, for example, a total of 32 British tourists had cancelled their bookings for yesterday, according to Ms Mercy Muchiri, a reservations of-ficer.

Tourists flee Kenyas Coast after advisories

A section of Serena Beach Resort and Spa in Mombasa, deserted as tourists cancel bookings and flee the area after four Western countries issued travel advisories. [PHOTO:Maarufu MOHaMed/STaNdard]

For only a day we have 32 cancel-lations and have refunded around 2,000 dollars and 1,000 pounds, said Ms Muchiri.

She said there has been so much inconvenience as most of the tourists have refused to come out of their ho-tels to cancel their bookings, forcing them (JT safaris) to go for them.

Several other bookings have also been cancelled online. The agency usually takes visitors to Tsavo, Am-boseli, Masai Mara, Nakuru and Mt Kenya. Kwale County Governments Executive member in charge of Tour-ism, Mr Adam Sheikh, said yesterday he was not sure of the number of Brit-ons being evacuated.

I dont know the exact number but yesterday plans were going on for them to be flown out of the Coast re-gion in one plane, said Sheikh.

The Britons have been occupying several hotels in Diani where UK termed as safer compared to Watamu, Malindi and Mtwapa.

Adam confirmed that the tourists were occupying Sea Lodge, Baobab and Palm Beach hotels in Kwale County, adding that the British For-eign and Commonwealth Office ad-vised against all but essential travel to Mombasa Island and within 5km off the coast, from Mtwapa creek in the north to Tiwi.

In Mombasa, tourism experts said the advisories by Britain and Australia are a deadly blow to tourism in Kenya that will drive the sector to its knees. Although several British tourists an-nounced their departure from south coast hotels some said they would defy pressure to leave.

And The Standard learnt that two chartered aircraft were to fly in from Britain to evacuate dozens of British tourists booked in various hotels

Managing director of TPS Serena Hotels (Africa), Mr Mahmud Jan Mo-hamed told The Standard at the Moi International Airport (MIA) yesterday that the advisories are a major blow to

Kenyan tourism.It is devastating. Advisories have

been issued before. Coast tourism continues to face challenges and this is like the final nail on the coffin, Mohamed said.

He added that Kenyan tourism has continued to suffer due to a combina-tion of factors, including the Westgate attack and the general negative pub-licity out of Kenya.

Mohamed said the industry needs clarification on what exactly is driving the UK government to order for such advisories that come with evacua-tions.

Our government should come out in the open and give total assurance to the travel world that Kenya is safe for all, he said.

British tourist Benard Dewsbury, 64, from Birmingham, United King-dom announced his defiance of the

travel advisory and plans to continue his holiday.

I jetted in on Tuesday and will be here for the next two weeks. Kenya has always been like my second home since I first landed here in the early 80s, said Dewsbury who is staying at a resort in the north coast.

But he was categorical that the UK has every right to advise its citizens on matters of security. He said his gov-ernment had not directly contacted him over the advisory and he had only come to learn of it in the local media.

I have no plans yet to pack my travel bags and head home. I am en-joying every bit of it here and my next move is safari, Dewsbury said.

Even as hoteliers reacted to the advisories, it emerged two aircraft belonging to the UKs (UK) airliner, Thomson Fly, a charter operator were

Continued from P1 scheduled to land at the Moi Airport last night at 8.25pm and 9.15pm from Gatwick, London to evacuate hordes of British tourists.

Britain warned of potential terror-ist attacks in Kenya and urged its citi-zens to immediately leave Mombasa.

The latest warnings, issued on Tuesday and Wednesday, may further damage Kenyas tourism sector.

Britains Foreign Office said that save for essential travel, all its citizens should avoid Mombasa and the sur-rounding area following recent ter-rorist attacks and the continuing ter-rorist threat in the area.

Kenya Association of Hotelkeepers and Caterers (KAHC) Coast branch Executive officer Sam Ikwaye ex-pressed the industrys concern at de-cision to issue the advisories against Mombasa.

While we appreciate the respon-sibility of the UK government and that of Australia towards their citizens, We have a country and a nation to live in, Ikwaye said.

United Nations World Tourism Organisation (UNWTO) Africa Re-gional Vice President Dr Kenneth Ombongi said what Kenya needs is support and not advisories.

geographicaL boundariesTerrorism is global and never a

Kenyan problem. It has never and will be confined to geographical boundar-ies, said Ombongi who is also the Principal of Utalii College.

Mombasa Governor Ali Hassan Joho said despite the travel advisories Mombasa was still relatively safe.

Today, I have had audience with visiting dignitaries from the National Defence College of India who are on a working tour of Kenya, Joho said.

Joho spoke at the Sarova White-sands Resort after meeting the mili-tary delegation led by Mr Abhay Tri-phati. The group was accompanied by Indias Assistant High Commissioner to Kenya, Mr Ramesh Kumar.

Page 5Friday, May 16, 2014 / The Standard

Uhuru gives more powers to county commissioners

the provincial administration chain starting with the top commanders at Office of the President down to the PCs, DCs, DOs and chiefs.

Also prominent is the Presidents statement during the event yesterday, where he was seen by critics to be bringing back the old and discredited provincial administration. In effect, the critics said, the President was dis-respecting the second tier of govern-ment governors and county execu-tives and assemblies.

President Kenyatta opened a bitter row with governors by giving county commissioners substantial powers to implement programmes for the na-tional government in the regions.

The president delegated 10 execu-tive powers to the 47 county commis-sioners, including high-profile roles in security, alcohol regulation and roads management that reinforced their po-sition as his point men in the re-gions.

The announcement by the Head of State prompted angry reactions from Governors who interpreted it as an at-tempt to impose the provincial ad-ministration on their counties and whittle down their influence.

President Kenyatta directed the county chiefs to ensure peace and se-curity in their regions, coordinate the policies and programs of the national government and any other national functions that may be delegated to them.

Others are oversight of national roads management, policies and pro-grammes at the county level and han-dling issues of alcohol and drug abuse and overseeing national immunisa-

tion programs.Also included are anti-poaching

measures and reading out speeches of the President or Cabinet Secretaries.

I have given you the powers there-fore, there is no reason for corruption. No reason or excuse. If you are in charge, you must be held account-able, Uhuru told the public servants at the Kenya School of Government yesterday.

He spoke during the launch of two policies: Decentralisation of Human Resource Management in the Civil Service and a Framework for Strength-ening the Delivery of National Gov-ernment Functions at the County Lev-el.

Shortly after Uhurus announce-ment, the Council of Governors (CoG) hit out at the Jubilee government for what they termed as an attempt to re-instate the provincial administration as a more powerful monster.

We are going to study those new roles and decide whether to go to court, declared CoG Chairman Isaac Ruto at a hurriedly convened press conference at the Boma Hotel in Nai-robis South C.

two centres of powerThe Governors by law are the

chief executive officers of the counties and you cannot have two CEOs in a county, added Mr Ruto.

The Governors claimed that there is a deliberate scheme to delay the transfer of Class D (and below) roads to counties so that funds are retained at the national level in the next finan-cial year.

The council will challenge this by all means necessary, warned Nyeri Governor, Nderitu Gachagua. The

President Uhuru Kenyatta presents a booklet on the strengthening of provin-cial administration to Mombasa County Commissioner Nelson Marwa yester-day. [PHOTO: Pcsu]

Governors alleged that Interior Cabi-net Secretary Joseph Ole Lenku had ordered the provincial administrators not to work with them.

Uhurus action to delegate powers is drawn from Article 132 (3b) of the Constitution and Section 7 of the Na-tional Government Co-ordination

Act 2013, which provides guide-lines on how the President may coor-dinate and delegate functions to the national government officers.

I will hold you responsible if the level of immunisation is low in your county. You have been given the abil-ity to discharge your functions and so, there is no excuse and remember,

uhuru warning to county commissioners While he gave them powers, he was quick to take away their po-tential to have impunity in the dis-charge of their mandate. Authority is not given to you to abuse. Where authority is given, it comes with responsibility. Anyone who makes unfair decisions and abuse power and mismanage resources will have the severest sanctions, said the President. He also warned the Cabinet Sec-retaries and other public officials against engaging in endless meet-ings at the expense of service to cit-izens and that they would be man-agers at all times, and would have to be knowledgeable on any issue happening within their dockets

Page 6 / NATIONAL NEWS Friday, May 16, 2014 / The Standard

none of us is indispensible, Uhuru told the County Commissioners.

However, Governors maintained that Uhuru could only give executive powers to what is provided to him in law, adding that Kenyans had de-manded the scrapping of the provin-cial administration. They maintained that the President was duplicating du-ties, pointing out that the County Government Act provides for Sub County officers and Ward administra-tors.

This in particular is a manifesta-tion of a multipronged approach to weaken devolution. Ruto said add-ing: Kenyans high expectation with this Constitution may fail.

personal accountabilityThe President warned that failure

to implement Government policies and programmes would cost the com-missioners their jobs. He cautioned them that they would personally be held accountable for any failure in the discharge of their duties as represen-tatives of the National Government.

The tough talking Uhuru warned the county chiefs to deal with cattle rustlers and drunken teachers and to ensure that citizens get the required services at the county level in the

by feliX olicK

The Council of Governors (CoG) has criticised Members of the County Assemblies (MCS) for the current wave of impeach-ments terming it as mob justice and lynching.

The Governors led by CoG Chairman Isaac Ruto maintained that the impeachment proceed-ings do not meet the constitu-tional threshold, citing the case of Kericho Governor Paul Chep-kwony who was ousted on Wednesday.

The High Court of Kenya has said, and we wish to reiterate the position, that the removal of a governor is a serious mater, not-ed Mr Ruto after a meeting with the governors.

Speaking yesterday in Nairo-bi, the governors maintained that one could only be removed from office if he was personally involved in sleaze, citing a recent ruling by the High Court.

They also said there must be evidence that a governor had stolen funds, which can be traced in his accounts or his associates

or tried to influence procure-ment.

He (governor) cannot be guilty by the mere fact that he is the CEO of a County. Roving al-legations here and there does not meet the threshold, Ruto said.

The governors called on the Senate to reject the impeach-ment proceedings.

They also called on the bi-cameral Parliament to review the County Government Act 2012 to introduce a threshold for im-peachment.

recall clauseAccording to the governors,

even the recall clause for other elected leaders including the MCAs, requires that they must have served for at least 24 months.

For the others, there is due process, for governors there is no due process, Ruto com-plained.

A number of governors are facing the axe from MCAs who have been criticised for misusing their powers.

Governors lash out at MCAs over wave of impeachments

shortest time possible.This means that the County Com-

missioners will also cascade the heat to Sub-County Commissioners and the local administration to implement national government policies.

Uhuru challenged the Cabinet Secretaries and other senior public servants to manage their staff for maximum service delivery. There should be no excuse that I have been frustrated by my junior staff. You must manage your staff. If any finan-cial and human resources are mis-managed, you will be held responsi-ble. Kama mimi silali hata nyinyi hamutalala (If am not sleeping, nei-ther will you), said the Head of State.

He told the Cabinet Secretaries and the Principal Secretaries that the authority given to them comes with great responsibility and is not for abuse.

He warned that public officers who make unfair decisions and abuse those that they serve would have the severest form of punishment and sanctions. In the past, ministers have often apportioned blame and respon-sibilities to their juniors whenever claims of mismanagement and issues of corruption arise.

Continued from P1

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NATIONAL NEWS / Page 7Friday, May 16, 2014 / The Standard

By KURIAN MUSA

The High Court has suspended the swearing in of Embu Deputy Gover-nor Dorothy Nditi as county boss.

This is until a court case by some residents challenging the impeach-ment of Mr Martin Wambora is con-cluded.

Principal judge Richard Mwongo shelved the process after temporarily putting on hold the resolution of the Senate and Embu county assembly to impeach Wambora for a second time.

Among the residents grounds of argument is that the special commit-tee that deliberated and recommend-ed the removal of Wambora was the same one that had suggested the same resolution to impeach him.

One of the petitioners, Alloise Nj-agi, in a sworn affidavit said: The aforesaid members of committee to perform the role of hearing the gover-nor were quasi judicial in character, in a situation where they had already dealt with the same case.

The judge restrained the speaker of the county assembly from swearing

Residents dispute Wambora ousterLocals appeal saying the same team that backed his removal also endorsed his impeachment

in Ms Nditi, pending the hearing and determination of the case lodged in court by over 35 residents.

Residents told the judge that given the resolution passed by Senate and the Gazette notice No 3222, it was likely Nditi would be sworn in as pro-vided by the Constitution.

The case before judge Mwongo states that Embu residents will be prejudiced if the case is not heard and determined without suspending the Senate resolution.

ELECTED LEADERPublic participation was not done

and residents of Embu were not con-sulted over the need to impeach their democratically elected leader, said lawyer Okenyo Omwansa who repre-sents them.

The petition has raised serious is-sues that will have a bearing on the establishment of the county govern-ment. Constitutionally, Embu gover-nors office remains vacant pending hearing and determination of the case.

Wamboras lawyer, Wilfred Nyamu, said he believes in the sovereignty of the law and that he is ready to argue his clients case.

Nyamu said: The cat has nine lives.

This is after the court once again issued stay orders of the Senates May 13 resolution to impeach Wam-bora.

But Tharaka Nithi Senator Kindiki Kithure maintained the governor was ousted in accordance with the law.

Embattled Embu Governor Martin Wambora leaves the Milimani Law Courts on Monday. [PHOTO: FIDELIS KABUNYI/STANDARD]

By ROSELYNE OBALA

Impeached Kericho Governor Paul Chepkwony is confident that the Sen-ate will clear him of all charges lev-elled against him by the county as-sembly.

Speaking to The Standard, Chepk-wony said efforts to block a vote of no confidence by the county legislators did not bear fruit, leading to his ouster.

I tried my level best to seek audi-ence with the members of the county assembly to resolve the matter, but it proved futile. They had made up their minds, he said.

He added: Some took a hardline stand and it was impossible to even engage them.

Chepkwony reiterated that he had tried to maintain a good working re-lationship with the MCAs and was surprised they decided to sack him.

He sought to explain that the out-standing issues had nothing to do with flouting the law, but he believes they are political.

I have not contravened the Public Procurement and Disposal Act or the Public Finance Management Act, or grossly violated the law, he said.

The assembly yesterday ousted Chepkwony, citing 15 grounds for his removal. He becomes the second gov-ernor to be impeached.

Chepkwony: I tried my best to block removal

Page 8 / NATIONAL NEWS Friday, May 16, 2014 / The Standard

By IsaIah LucheLI and Karanja njoroge

Journalist Walter Barasa has moved to the Court of Appeal to challenge a decision by the High Court that sanc-tioned his arrest and extradition to the ICC.

This came as the ICC said the Ke-nya Government has an obligation to arrest journalist Walter Barasa and surrender him to the court to face witness-tampering charges.

ICC Outreach Co-ordinator Maria Kamara said yesterday in Nakuru the Government has an obligation to fully co-operate with the court by ar-resting Barasa and extraditing him to The Hague.

But Barasa, through lawyer Kibe Mungai, wants the appellate court to restrain the Director of Public Prose-cution and the Interior Cabinet Sec-retary from arresting and surrender-ing him to the court.

The honourable court be pleased to grant an order of injunction to re-strain the respondents from arresting and surrendering Barasa to the ICC pending filing, hearing and determi-

Barasa wants court to stop arrestJournalist appeals extradition decision to The Hague even as ICC asks Kenya to speed up process

nation of the appeal against the High Court decision, submitted Mungai.

Mungai is also asking the appeal court to stay further criminal pro-ceedings pending before the lower court against Barasa and any other proceedings that would lead to his arrest and extradition to the interna-tional court until his appeal is heard and determined.

Barasa submits that in a constitu-tional petition, he had challenged the legality of the criminal proceedings under part four of the International Crimes Act and had also questioned the constitutionality of the proce-dure.

LacK of co-operatIonThe applicant is extremely ap-

prehensive that unless the orders sought are granted forthwith the pro-cess for his surrender to the ICC would become a mere formality and irre-versible for all practical purposes in views of the judgment made on Janu-ary 31, submitted Mungai.

Barasa is accused by ICC Prosecu-tor Fatou Bensouda of offering bribes to witnesses in the case against Dep-uty President William Ruto and radio journalist Joshua Sang.

Kamara was, however, quick to add that the process of handing him over to the court is domestic and the ICC could not determine or dictate how it should be conducted.

Kamara said the court has not made any findings so far on lack of co-operation by the Government.

ICC Outreach Co-ordinator Maria Kamara during a press conference at a Naku-ru hotel, yesterday. She said Kenya has an obligation to hand over journalist Walter Barasa to the ICC. [PHOTO: KIPSANG JOSEPH/STANDARD]

By freD MaKana

Lawyers have protested bitterly against the handcuffing of Homa Bay MP Peter Kaluma in open court saying the action was demeaning and em-barrassing.

Law Society of Kenya Chairman Eric Mutua told Senior Principal Mag-istrate Peter Ndwiga that it is against public policy and constitutional rights to handcuff an officer of the court while in the dock.

Mutua, who is defending the MP in a Sh10 million land fraud case, said a suspect is never handcuffed while in the dock as he is not a threat to the security of the court.

Police officers must conduct themselves with decorum in discharg-ing their civil duties, Mutua said.

The LSK chairman said lawyers must not be caused to suffer because of what they do in the course of their duties. He said Mr Kaluma is in the dock because of his work.

Lawyer John Khaminwa said the trend being set by police to arrest and drag lawyers into court, should stop. Mutua, Khaminwa and 10 other law-yers are representing Kaluma in the matter before court.

The magistrate lifted the arrest warrant and directed the legislator to deposit Sh50,000 awaiting the courts verdict on July 29 on whether or not he will make his plea.

Lawyers protest MPs handcuffing

in land case

Page 9Friday, May 16, 2014 / The Standard

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Do you have an insurance cover and have you ever wondered whether it is a necessity? And if so, do you understand what you

are covered for? Do you understand what insurance is?

The simple answer to the above questions are:

a) Yes, you need an insurance cover.b) You need to know and understand

what it is that you are covered for. c) There is need for you to understand

the needs and benefits of insurance so as to make an informed decision and purchase a cover.

Insurance operates on the basis that losses and misfortunes can occur anytime. It is informed by the wisdom that it is better to plan for a rainy day so as to reduce or manage the impact of a loss, should it occur. There are also various religious teachings that underscore the importance of insurance as a financial planning mitigation tool. In the traditional Kenyan societal set up, insurance was also practiced (and continues to be practiced in some areas) by pooling resources to help those in need. This practice, however, is not sustainable in the current life hence the need for individuals to purchase insurance covers.

NOT PREPAREDYou need insurance because losses and

misfortunes occur from time to time. In most cases when incidents such as fires, sicknesses, motor accidents and death occur, you are not prepared for the financial consequences that follow. We see cases where people resort to harambees or borrow money from friends and relatives who unfortunately, (in most cases) are often short of money and therefore do not help much. In extreme cases, we see cases of families disposing off assets at throw away prices because of the emergency situation. It is even sad when such assets are sold to pay for medical bills and the patient whose bills need to be paid dies. No doubt this is double tragedy. And while insurance will not stop such deaths or losses from occurring, or people holding harambees, it definitely helps cushion those who have suffered losses by availing funds to cover for the insured losses.

RIGHT POLICYLife has a lot of uncertainties. By buying

insurance, you transfer possible financial losses from yourself to an insurance company. While you cannot avoid the misfortunes of life, you can be sure that with the right insurance policy, you will recover from your financial loss. So as to fully appreciate the importance of insurance and purchase the right insurance cover for yourself, you may need to:

Identify your risks and needs and 1. prioritize them. Remember that not all risks are insurable and your insurance needs are specific to you. You should not buy an insurance product simply because your friend bought a similar product and it sounds good.

Insurance is not a straight fitting jacket! Discuss your risks and needs with 2.

an insurance company or a broker or an agent near you. Always compare policy benefits against premiums of several insurance companies before you settle on one. A colleague once mentioned that insurance intermediaries (brokers and agents) are like doctors who diagnose and prescribe medication for their patients in that they should help you identify that area in which you are hugely exposed and advice the right insurance product for you!

Match the available insurance 3. products to your needs and choose the one that best meets your needs at affordable cost. When you match your needs with the policy, it is highly unlikely that you will cancel the policy before it matures. This is because you will have understood it and known exactly that which you are getting into. Once again remember to purchase only that cover that you need, based on your risk assessment and prioritization. Where possible avoid instances of buying more or less than you need.

PEACE OF MINDPerhaps the most significant benefits of

insurance include protection of family and assets and the resultant peace of mind that one has when they have an insurance policy. There are also other benefits like savings, financial security, investment vehicles and tax relief.

Lastly, remember that your health is your wealth- sicknesses strike without notice; take charge of your health and consider buying a medical insurance cover. The future belongs to the educated-with education becoming increasingly expensive; consider buying a policy for your childrens education. Accidents occur anytime, anywhere-consider purchasing a personal accident cover against disabilities and deaths resulting from accidents (even those from accidental stair case falls).

If you Value It; Insure It!

nmutanda@ira.go.keTwitter: @noellamutandaThe Author is the Head; Corporate Communications, Insurance Regulatory Authority

Friday, May 16, 2014 / The StandardPage 10 / NATIONAL NEWS

By ISAAC MESOand NICHOLAS WAITATHU

The National Youth Service (NYS) plans to recruit a minimum of 20,000 youths every year. This is aimed at curbing radicalisation of jobless youth by vigilante groups, Cabinet Secretary for Devolution and Planning Anne Waiguru has said.

The 21,870 servicemen and women are further expected to train 227,670 more youths once they fi nish their training at the NYS.

Waiguru said the youth are going to serve the nation for a period of between four and six months under paid labour while being supervised by the 21,870 youths.

If you ask the youth what makes them get involved with the vigilante groups, most of them will say it is due to unemployment. We thought that if we gave them an identity and signifi -cance, then we will be able to deal with the problem of insecurity, she said.

Waiguru noted that the Govern-ment would restructure the NYS such that apart from training youths, the body would also champion social transformation driven by the youth.

NYS to recruit 20,000 every yearThe CS was speaking yesterday in

Nairobi during the launch of the 5-point vision of the NYS. She also gave a detailed breakdown of how the youths are going to be divided in the new structure.

The youths are going to be regi-mented into 15,178 squads. Each squad will have 15 youths, making a total of 323 squads in each county.

While in the camps, the youths will be expected to make a mandatory saving of Sh100 every day which will be deposited in a squad account.

The collective account, she notes will help them bond and the money they save will come from the payment they get from NYS. These squads will also have the opportunity to apply for funds being issued by the Govern-ment.

NEW EQUIPMENTMeanwhile, the Government has

procured equipment worth more than Sh5 billion from the Chinese Govern-ment to be used at the NYS.

Ms Waiguru said the exercise is part of the Government efforts to re-structure the institution. The machin-ery will arrive in the country next month. Further, the restructuring programme is aimed at encouraging the national service concept to enable the youth graduating to serve in vari-ous capacities before completely join-ing the labour market.

She said the equipment would be installed in seven schools under the NYS management in the country and assist in training the high number of youths expected to join the institu-tion.

By PATRICK KIBET

Senior Counsel Paul Muite has warned that corruption is creeping back to the Judiciary, despite tough measures introduced after the Consti-tution was promulgated in 2010.

Muite, who was addressing a seminar organised by the Law Society of Kenya in Nakuru, said the fi ght against corruption should take a ho-listic approach and should not focus only on judges and magistrates.

We need to acknowledge that cor-ruption has crept back despite the Constitution which required vetting of all judges and magistrates, he said. The vetting exercise, which was launched two years ago to restore public confi dence in the Judiciary, has so far seen 53 judges and 72 magis-trates vetted by the Judges and Mag-istrates Vetting Board.

Muite said if corruption is not checked, there would be a breakdown in public confi dence. He challenged lawyers to be at the forefront in elim-inating the vice. You cant expect judges or magistrates to be corrupt free while the rest of system perpe-trates the vice, he added.

He added that the Judiciary should embrace technology and allow pro-ceedings in all courtrooms to be re-corded verbatim contrary to the practice where judges and magistrates take notes during court sessions.

Muite warns against graft in

Judiciary

Devolution and Planning Cabinet Sec-retary Anne Waiguru presents a new blueprint to the National Youth Ser-vice Director Dr Nelson Githinji during

the launch of a new vision for the NYS in Nairobi yesterday. [PHOTO: MOSES OMUSULA/STANDARD]

Devolution CS says training will alleviate joblessness among youth and help curb radicalisation

THE GOVERNMENT OWNED ENTITIES BILL, 2014 AND THE NATIONAL SOVEREIGN WEALTH FUND BILL, 2014

Pursuant to section 5(6) of the Sixth Schedule to the Constitution, section 4 of the Commission for the Implementation of theConstitution Act, 2010 and in the spirit of upholding the principle of public participation under Article 10 of the Constitution, theCommission for the Implementation of the Constitution (CIC) hereby seeks public views on the Government Owned Entities (GOE) Bill, 2014 and the National Sovereign Wealth Fund Bill, 2014.

The purpose of this advertisement is to afford the people of Kenya an opportunity to participate in the lawmaking process as required under the Constitution, by offering their views on how best the GOE Bill, 2014 and the National Sovereign Wealth Fund Bill, 2014 can be aligned with the letter and spirit of the Constitution. The views may address compliance to articles 10, 232, 131, 132, 153, 179, 183,226, the Fourth schedule of the Constitution amongst others and other existing legislation.

CIC is currently undertaking internal review of the GOE Bill and invites members of the public, affected entities and offi ces to submit written memorandum within a period of one week. (by 23rd May, 2014).

The Bill may be accessed from our website: http://cickenya.org. Written memorandum may be delivered, posted or emailed to the address herein below.

Contact details:COMMISSION FOR THE IMPLEMENTATION OF THE CONSTITUTION

PARKLANDS PLAZA, CHIROMO LANE,WESTLANDSP. O. BOX 48041-00100

Tel. No: 0202323510, 0204443216, 0732000313,Email: manager@CICKenya.org, info@CICKenya.org,cickenya2010@gmail.com

Charles NyachaeCHAIRPERSON

Friday, May 16, 2014 / The Standard NATIONAL NEWS / Page 11

>>Other storiesinsideTension as bandits shoot 2 people dead in Samburu

p30By STandard reporTer

The Government of South Sudan is now accusing the international community of taking sides in the on-going conflict.

The new allegations ahead of the peace talks slated for Addis Ababa may yet again derail the negotiations that seek to end the six-month crisis.

President Salva Kiirs administra-tion has singled out neighbours Su-dan and the US, accusing the two of fuelling the crisis for selfish interests.

Juba believes Khartoum is supply-ing rebels with additional fighters and arms to confirm to the world its long held view that the south was not ready

for governance and self-rule.South Sudan is also of the view

that the West and especially the US wants an administration in place that can help them wrestle the control of oil resources from Chinese firms.

Information and Broadcasting minister Michael Lueth told reporters in Nairobi, that the west has shown bi-as in the conflict and reiterated Kiirs remarks that the cessation of hostility agreement signed last week was un-der duress.

What you are witnessing in South Sudan is a proxy war. Its no longer the issues of rebels verses the Govern-ment, said Lueth. He claimed Riek Machar has made a deal with US.

Government scoffs at travel advisories issued by 4 nationsThe US, UK and two other countries have warned their citizens against visiting certain regions in Kenya

By FeLIX oLICK and JaMeS MBaKa

The Government now says travel advisories by four Western countries over high threats of terror attacks are not only unfriendly but also aimed at causing unnecessary fear and panic.

The Foreign Affairs Ministry termed the move as unfriendly acts coming from partners who have borne the brunt of global terrorism. The United States, United Kingdom, Australia and France have warned their citizens against visiting some re-gions and towns.

In a statement, Foreign Affairs Principal Secretary Karanja Kibicho said issuance of such travel advisories only plays to the whims of bad ele-ments in society whose aim is to spread fear and panic.

The challenges arising from acts of terrorism require concerted efforts to fight and not behaving in a manner that accelerates it by causing fear and panic, he said.

The Western nations had singled out specific areas including Garissa, Eastleigh, slums and areas within 60km of the Kenya-Somali border.

The death on April 1 of a promi-nent cleric in Mombasa has led to un-rest and increased tension in the ar-ea, the British Government said referring to the killing of Sheikh Abubakar Alias Makaburi.

Britain pointed out that there may be further disturbances in the Mom-basa, particularly on Fridays after prayers.

However, Kibicho said the four na-tions should understand the reper-

By aBIGaeL SUM

Moses Gift Osinya, brother of ba-by Satrin Osinya whose story touched the nation, was presented with the Jubilee Insurance award yesterday for his bravery in rescuing his broth-er during the Likoni church terror at-tack.

The 13-year-old carried his in-jured brother from the scene and took him to nearest hospital using a rickshaw (Tuk tuk).

I am grateful that Jubilee Insur-ance has recognised my efforts to

save my brother. I thank God Satrin is fully recovered and I consider him my hero for conquering the bullet, said the Standard Seven pupil at Bethlehem Academy in Ruiru.

I am proud of my son for his courage to save his little brother. It is because of him that we still have Sa-trin with us, said his father Benson Osinya.

The judges described his selfless deed as admirable especially for his age. Gift was named alongside Mzee Job Kipkoech, a Mogotio resident who has helped tortoises cross the

busy Mogotio-Marigat road for the last 56 years. His aim is to make sure that no tortoise crossing the road ev-eryday in search of water on one side and vegetation on the other is crushed by vehicles plying the busy road.

While applauding the 76-year-old, Kenya Wildlife Service Deputy Director Benjamin Kavu urged all Kenyans to emulate his actions.

Mogotio is highly populated with the leopard tortoise, the hunchback tortoise and the endangered pan-cake tortoise species.

Baby Satrins brother finally feted

Kenya unhappy with the western world The United States, United Kingdom, Australia and France have warned their citizens against visiting some regions and towns The Western nations had sin-gled out specific areas includ-ing Garissa, Eastleigh, slums and areas within 60km of the Kenya-Somali border

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

cussions of terrorism because they have equally borne the brunt.

The Government of Kenya would like to assure all Kenyans and friends of Kenya that our security forces re-main vigilant and will continue to thwart any attempt to disrupt peace, he said. The PS reaffirmed the com-mitment of the Government to fight-ing terrorism and assured tourists and visitors of their security.

The Foreign and Commonwealth Office (FCO) warning cited Nairobis high density settlements, including Kibera, Mathare, Huruma, Mukuru kwa Njenga, Mukuru kwa Reuben, Ko-rogocho, Kariobangi, Kangemi, Mwiki and Kawangware, for high crime lev-els.

Kibera is a tourist attraction, with foreigners and aid workers visiting it after it was cited as one of Africas larg-est slums. British citizens have further been advised to avoid Mombasa Is-land and areas within five kilometres of the coast from Mtwapa Creek in the north to Tiwi in the south following recent terror attacks.

Moses Gift Osinya (centre) receives the Samaritan Award from Ezekiel Mutua (left) from Ministry of Information and Communication and Jubilee Insurance Company Chief Executive Officer Patrick Tumbo during the Jubilee Insur-ance Samaritan Awards ceremony at a Nairobi hotel yesterday. [Photo: Elvis ogina/stanDaRD]

South Sudan blames America, Khartoum over conflict

Page 12 / NATIONAL: COURTS Friday, May 16, 2016 / The Standard

QuickReadsTussle over former Kangundo tycoon estate settled

A family court sitting in Nairobi has brought to an end the long and protracted administration tussle over the estate of a former Kangundo tycoon who died in 1982. The matter has been pending in court for the last 30 years. Three administrators who have been duly confirmed by Two High Court judges; Luka Kimaru and William Musyoka will now manage the estate of Paul

Musau. Consequently, a surveyor has been appointed by the court to oversee the subdivision of the 600 acres located in Kangundo and the same be distributed to the beneficiaries of the late Musau who died aged 140 years. The two judges upheld the judgement of appellate judge Justice Roselyne Nambuye who entered the final decision on the administration of the estate by appointing Benjamin Wambua, Antony Musau and Joseph Muthiani as joint administrators.

West African denied entry into Kenya

A West African businessmans attempt to gain entry into the country has been dismissed by the High Court. Hassan Isah had moved to court seeking orders to compel the Ministry of Immigration to allow him entry into the country after he was denied permit. Isah, a country sales manager with Seasoning Company, Kenya branch, had applied for an entry permit, which was denied by the Department of

Immigration. He told the court that he applied for employment with the West African company and was given the job and posted to the Kenyan branch. He accused the Immigration department of violating legal processes and of corruption. The process of issuing and renewing entry permits was riddled with fraud, corruption and violation of various legal processes, Justice Weldon Korir heard. He was denied entry on what the Immigration department termed as failure to meet the necessary requirements.

go ahead and make the payments be-fore the case is heard and deter-mined.

The society wants the application to be placed before the Chief Justice so that he appoints a bench to hear and determine the case.

LSK argues that the petition should be heard by an even number of judges because it raises substantial ques-tions of law under the Constitution.

Mwamu told the court that the is-sues involved are of grave public im-portance and involve good gover-nance and management of public finances.

courT ordersLSK is seeking orders to stop the

Treasury and the Attorney General from paying any money related to the 18 Anglo Leasing types of contracts.

Also being sought is an order com-pelling Treasury Secretary Henry Rot-ich and AG Githu Muigai to produce in court evidence of any payments made so far to First Mercantile Secu-rities Corporation within seven days.

LSK has faulted a judgment against the Government of Kenya issued by a court in London in favour of First Mercantile Securities Corporation and Universal Satspace (North Amer-ica) LLC companies.

LSK argues that the judgment of High Court of Justice Queens Bench had been arrived at without the Ke-nyan government being given a fair hearing.

Lawyers want Treasury Cabinet Secretary stopped from paying Sh1.4b sought by two firms

LSK in second bid to stop Anglo

Leasing payments

Homa Bay MP Peter Kaluma at the Milimani Law Courts yesterday where he was charged with defrauding Deborah Aduda of Sh10 million allegedly meant for a piece of land in Karen, Nairobi, in 2012. He did not take plea and was re-leased on a Sh50,000 bond. The case will be heard on July 29. [PHOTO: FIDELIS KABUNYI/STANDARD]

By PKeMoI NGeNoH

Four people were yesterday charged in a Nairobi court with im-personating police officers.

Yussuf Hussein, Ali Marshallo, Mahboub Hassan and Muhdin Abdile were accused that on May 13 in East-leigh they falsely presented them-selves as Administration Police offi-cers.

They allegedly forced Samuel Mwangi, a taxi driver, to ferry them

using his vehicle purporting to be car-rying out their duties as police offi-cers.

The four were also charged that on the same date, they were found with a pair of police handcuffs and an Ad-ministration Police certificate of ap-pointment bearing the name of Abdi-rizak Mohammed Sheikh.

The document, which is the prop-erty of the National Police Service, was suspected to have been unlawful-ly obtained.

According to the prosecution, the four accused persons hired a taxi at Mayuyu in Eastleigh, presenting themselves as police officers.

exTorT MoNeyThey showed the driver the alleged

police appointment certificate, hand-cuffs and a police communication gadget.

When they alighted at their desti-nation and having not paid the taxi driver, they identified themselves to

the members of the public as author-ities and started arresting some of them, probably to extort money.

The public, however, got suspi-cious and called the police.

Appearing before the Makadara Chief Magistrate Emily Ominde, the four denied the charges and were re-leased on a cash bail of Sh50,000 or a bond of Sh100,000 with a surety of a similar amount each.

The case will be heard on August 8.

Four charged with impersonating AP officers

By KurIAN MusA

Two parties have been enjoined in a case filed by the Media Council of Kenya and three leading media hous-es challenging the legality of new laws to regulate the industry.

Justice Isaac Lenaola yesterday al-lowed the Consumer Federation of Kenya (Cofek) and the Information Communication Technology Con-sumers Association of Kenya (ICTAK) to be enjoined in the case that also challenges two appointments by In-formation Cabinet Secretary Fred Matiangi.

ICTAK had argued that it would add value to the proceedings as it is constituted by experts in the informa-tion technology sector and that no one else can represent their grievanc-es better.

The three media houses; Nation Media Group, The Standard Group and the Royal Media Services moved to court seeking to declare the ap-pointments illegal and against media freedom as enshrined in the Constitu-tion.

Lawyers Issa Mansur and James Orengo representing the houses and journalists respectively said the deci-sion by the Cabinet Secretary to de-clare vacancies in the Media Council and the Appeals Tribunal was irregu-lar and should be struck out.

ICTAK argued that the CS did not follow the law in making the appoint-ments, saying he breached the provi-sions of Legal Notice 183 of 2013.

ICTAK Secretary General Kamotho Njenga said the legal notice, in para-graph 6(2) (e), allows the appoint-ment of a maximum of six people, who should not be public officers.

The CS proceeded to include per-sons who are public officers as per Ar-ticle 260 of the Constitution. Some members include university lecturers who under the law are public ser-vants, explained Kamotho.

Cofek, ICTAK enjoined in suit

challenging media laws

British journalist contests revocation of her work permit

By PAMeLA cHePKeMeI

A British journalist declared an alien and her work permit revoked has moved to court to challenge the decision. Lucy Hannan, through law-yer Kethi Kilonzo, filed a petition at the High Court in Nairobi seeking to have the decision by the Ministry of Interior nullified.

The journalist says her fundamen-tal rights have been infringed upon because she was not notified before Interior Cabinet Secretary Joseph Ole Lenku revoked her work permit on October 30, 2013.

Ms Hannan came to Kenya in 1988 and has been working in the country as a journalist, human rights author and filmmaker. She argues that the Government had not officially in-formed her of the decision to revoke her work permit.

By PAMeLA cHePKeMeI

The Law Society of Kenya (LSK) has launched a second attempt to stop the Government from paying Sh1.4 billion to two Anglo Leasing companies.

LSK filed an urgent application yesterday seeking to be allowed by the High Court to move to the Court of Appeal to appeal a decision by High Court Judge David Majanja declining to issue temporary orders stopping the payments.

It would be grave miscarriage of justice not only for the applicants but for the country if respondents are al-lowed to deal with the matter of pay-ing out huge sums unbudgeted for and not approved by Kenyans be-cause of the corrupt nature, said LSK lawyer James Mwamu.

Judge Isaac Lenaola directed that the case be heard on May 26.

LSK wants the court to stop the Treasury from paying the money to First Mercantile Securities.

Mr Mwamu told the court that LSK is apprehensive that unless the appli-cation is heard urgently, Treasury may

In the dock over land deal

Page 13Friday, May 16, 2014 / The Standard

Page 14 / EDITORIALS Friday, May 16, 2014 / The Standard

Sh28m to fight terror? Estimates puzzling

The Standard is printed and published by the proprietors,

THE STANDARD GROUPNewsdesk: 3222111 | Fax: 2213108Email: oped@standardmedia.co.ke

Group Managing Editor (Print): Kipkoech Tanui

Registered at the GPO as a newspaper.

Clear lines needed as Provincial Administration returns

WHAT OTHER MEDIA SAY...

National security matters continue to occupy the minds of many. Kenyans must never relax their vigil because the threat of terrorist attacks has not yet been eliminated.

There are frantic efforts by our security forces to clear the threat of Al-Shabaab and allow citizens to go about their business without worrying about their safety. The safety of the citizens and country remains in the hands of the Army and the Police. The Inspector General of Police and the Cabinet Secretary for Interior have come under attack for seemingly fumbling in conducting security operations. What is emerging is that they dont have enough funds to effectively run their operations. Enough funds to deploy personnel to collect intelligence necessary to disrupt the terrorist networks or neutralise their cells.

While budgetary allocations to some public offices whose role is purely ornamental, public relations and entertainment, have been given upwards of Sh40 million, the Anti-Terrorism Police Unit, charged with the gargantuan task of making Kenya safe, received a paltry Sh28 million in the same Budget. Does this signal serious intent on the part of Government in fighting terrorism or is it merely playing an appeasing game with an increasingly agitated public? Or was this an oversight?

Security is a vital aspect of our lives. Budget plan-ners must allocate enough funds to the ATPU to ensure mobility and facilitation of methods of gathering information necessary in unearthing terrorist activi-ties. Budget proposals were embarked on at a time when Kenya had been subjected to a series of attacks and better consideration should have been given if truly, the Government cared about making Kenya safe.

Removal of tints on PSVs will not accomplish much. The matter of arms can be handled well with better policing of entry points into Kenya and the refugee camps. And the unit to do that effectively is the ATPU.

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