the standard -2014-07-30

71
There’s much to be said of the popular adage “love conquers all” at least for two unlikely lovebirds – Sa- rika Patel, 24, and Timothy Khama- la, 25. It has the look of a clip off Hin- du romantic movies or better still a chapter in a book of fairy tales, ex- cept that the woman is of Asian ex- traction and the man a proud Buku- su. Many would find it difficult to fathom but nothing would under- score the reality than the popular ad- age “love is blind” than this romantic epic playing out somewhere in West- ern Kenya. Whereas love is no respecter of racial boundaries, this one has stretched the parameters for the Asian folks where marriage is con- fined within the community and se- lect families. Whereas it is not stat- ed openly, Asian families, even those born in Kenya, frown at relationships between their boys or girls and ordi- nary “black” Kenyans. Cases of sui- cide have been reported among Asian families whose children have crossed this red line. But as it seems, a gush of love from an Asian girl is shattering this myth as she takes a Bukusu soulmate Indian girl’s love spills over race CONTINUED ON PAGE 2 CONTINUED ON PAGE 4 By JAMES MBAKA The Opposition has opted to follow a carefully crafted legal road in its referendum bid by reaching out to the arms of Gover- nment critical to ensuring its success. As Coalition for Reforms and Democracy (CORD) principal Raila Odinga (pictured left) campaigned for ODM candidate Steve Kariuki in Mathare yesterday, it emerged that the Oppo- sition‘s committee of experts on its referendum bid are today expected to meet Chief Justice Willy Mutunga and the Indepen- dent Electoral and Boundaries Commission (IEBC). The four-member team chaired by the former prime mi- nister‘s legal adviser Paul Mwangi, and which includes lawyer Kethi Kilonzo, former Labour Permanent Secretary Beatrice Ki- tuyi and human rights activist Khelef Khalifa, will help CORD craft the referendum questions. They said they would target over five million signatures ICC judges back Prosecutor’s fi ght for court to get Uhuru’s full wealth list, Page 5 STANDARD THE Kenya’s Bold Newspaper Wednesday, July 30, 2014 No. 29650 www.standardmedia.co.ke KSh60/00 TSh1,500/00 USh2,700/00 By FRANCIS ONTOMWA and JACKLINE INYANJI FROM Why Raila team set to meet Mutunga, IEBC Odinga tells Uhuru respect is earned; CORD will collect ve million signatures and up pressure for referendum Khamala (left) and Patel in their love nest. [PHOTO: CHRISPEN SECHERES/STANDARD] County News you can trust Pages 17, 18, 19, 20, 21, 24, 25, 28, 29, 30, 34, 35 & 36 EXCLUSIVE

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The Standard -2014-07-30

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  • Theres much to be said of the popular adage love conquers all at least for two unlikely lovebirds Sa-rika Patel, 24, and Timothy Khama-la, 25.

    It has the look of a clip off Hin-du romantic movies or better still a chapter in a book of fairy tales, ex-cept that the woman is of Asian ex-

    traction and the man a proud Buku-su. Many would find it difficult to fathom but nothing would under-score the reality than the popular ad-age love is blind than this romantic epic playing out somewhere in West-ern Kenya.

    Whereas love is no respecter of racial boundaries, this one has stretched the parameters for the Asian folks where marriage is con-fined within the community and se-

    lect families. Whereas it is not stat-ed openly, Asian families, even those born in Kenya, frown at relationships between their boys or girls and ordi-nary black Kenyans. Cases of sui-cide have been reported among Asian families whose children have crossed this red line.

    But as it seems, a gush of love from an Asian girl is shattering this myth as she takes a Bukusu soulmate

    Indian girls love spills over race

    CONTINUED ON PAGE 2

    CONTINUED ON PAGE 4

    By JAMES MBAKA

    The Opposition has opted to follow a carefully crafted legal road in its referendum bid by reaching out to the arms of Gover-nment critical to ensuring its success.

    As Coalition for Reforms and Democracy (CORD) principal Raila Odinga (pictured left) campaigned for ODM candidate Steve Kariuki in Mathare yesterday, it emerged that the Oppo-sitions committee of experts on its referendum bid are today expected to meet Chief Justice Willy Mutunga and the Indepen-dent Electoral and Boundaries Commission (IEBC).

    The four-member team chaired by the former prime mi-nisters legal adviser Paul Mwangi, and which includes lawyer Kethi Kilonzo, former Labour Permanent Secretary Beatrice Ki-tuyi and human rights activist Khelef Khalifa, will help CORD craft the referendum questions.

    They said they would target over five million signatures

    The Opposition has opted to follow a carefully crafted legal road in its referendum bid by reaching out to the arms of Gover-nment critical to ensuring its success.

    As Coalition for Reforms and Democracy (CORD) principal Raila Odinga (pictured left) campaigned for ODM candidate Steve Kariuki in Mathare yesterday, it emerged that the Oppo-sitions committee of experts on its referendum bid are today expected to meet Chief Justice Willy Mutunga and the Indepen-dent Electoral and Boundaries Commission (IEBC).

    The four-member team chaired by the former prime mi-nisters legal adviser Paul Mwangi, and which includes lawyer Kethi Kilonzo, former Labour Permanent Secretary Beatrice Ki-tuyi and human rights activist Khelef Khalifa, will help CORD craft the referendum questions.

    They said they would target over five million signatures

    ICC judges back Prosecutors fi ght for court to get Uhurus full wealth list, Page 5

    STANDARDTHEKenyas Bold NewspaperWednesday, July 30, 2014

    No. 29650 www.standardmedia.co.ke KSh60/00 TSh1,500/00 USh2,700/00

    By FRANCIS ONTOMWA and JACKLINE INYANJI

    FROM

    Why Raila team set to meet Mutunga, IEBC

    Odinga tells Uhuru respect is earned; CORD will collect

    fi ve million signatures and up pressure for referendum

    Khamala (left) and Patel in their love nest. [PHOTO: CHRISPEN SECHERES/STANDARD]

    County News you can trustPages 17, 18, 19, 20, 21, 24, 25, 28, 29, 30, 34, 35 & 36

    EXCLUSIVE

  • Page 2 / NATIONAL NEWS Wednesday, July 30, 2014 / The Standard

    TOP: Sarika Patel drains water outside her lovers semi-permanent room at Nangina village in Webuye constituency and (ABOVE) hangs

    clothes on a line after washing. INSET: Timothy Khamala having a light moment with Sarika during the interview. [PhotoS: ChRISPEN SEChERE/StAN-

    DARD]

    moment I saw him. I remember he was washing my fathers vehicle. They were two of them washing the vehicle and I remem-ber ejecting the other fellow just to be closer to Timothy. I was crazy I tell you, said Sarika during the interview.

    She added: He is the most un-derstanding man I have ever met, he makes me feel like a woman, he is my second love but definitely unmatched by the first. He is golden, says Sarika.

    It has not been all rosy though for the lovebirds with opposition ema-nating from all quarters, especially from her family.

    We have known each other for four years, and it has been dramatic. My parents do not support the rela-tionship. They have on more than one occasion tried to unhook me from my fianc. This has been in vain because we love each other, says Sarika.

    Khamala is a palpably shy Bukusu young man and right now is the talk of the village.

    I have met ladies, but this one

    Asian girl crosses red line to win

    Bukusu soulmatein an affair she has come to treat as a matter of life and death.

    Dramatic was the meeting be-tween Sarika and soft-spoken Khamala.

    Theirs was a love bred in the re-mote village of Nangina in Webuye, one that has swam against the tor-rents of race, colour, religion and even more, social stratification.

    This is the man of my dreams, he knows how to love and it is him that will be the father of my unborn children. I love him with all my life, stated a determined Sarika when The Standard visited their home.

    It is chilly and rainy evening when we met the two lovebirds. Moments earlier, we learnt that Sarikas relatives had just left their homestead trying to unpluck her from the village.

    They left crestfallen, probably re-signed to the fact that they had failed miserably and soon the relationship will be complicated by the entrance of children.

    She stuck to her guns and refused to leave the love of her life. This is her new home, she stresses. But just what lured the young woman to the poor casual labourer with quite a humble background?

    Khamala lives in a beat-up and scruffy hut and inside there is just a squeaky bed.

    How a daughter of a wealthy busi-ness magnate would fall for a poor Bukusu man is something that has left many intrigued because of the line in the old dance hall song, there is no romance without finance.

    The TycoonSarika is the daughter of Chabba-

    dia Patel, the owner of several busi-ness enterprises in Western Kenya. She is the fourth-born in a family of seven. Those close to the family say she is her fathers favourite.

    You touch her, you touch his fa-thers heart and that she is here I am sure the father is boiling hot, confid-ed a family friend.

    Sarika first met Khamala when he came to work at their family business enterprise in Webuye as a casual la-bourer.

    Today, however, Khamala no lon-ger works at Sarikas family premises. He was long reprimanded and sent home for falling in love with a family way above his class.

    I do not have a job right now, they sent me away. I am currently think-ing hard on how I will get money to take care of my love and our daugh-ter, says Khamala.

    And this is how Sarika recalls first meeting Khamala. I liked him the

    This is the man of my dreams, he knows how to love and it is him that will be the father of my unborn children. I love him with all my life Sarika

    is sent from above.

    I remember I tried resisting her, fearing that her family would kill me but not anymore. I love her, declares Khamala.

    Even more surprising, she has ad-opted Khamalas daughter from his first marriage. Khamala broke up with his first wife when the daughter was a toddler. Sarika took up the task of feeding, washing and rearing the girl.

    This is my very own blood, I fed her like my own and now she is my daughter and I am proud of her, de-clared Sarika.

    An easy-going Sarika exudes con-fidence as she goes about her chores.

    She bonds well with her moth-er-in-law Evelyn Khamala who has taught her the Bukusu dialect and she is learning slowly.

    It is quite difficult to adapt to this kind of life, I must admit. I was born and brought up in a wealthy family. However, I am comfortable living in this beaten up hut. I adore this love

    Sarika is the daughter of Chabbadia Patel, the owner of several business enterprises in Western Kenya. She is the fourth-born in a family of seven She first met Khamala when he came to work at their family business enterprise in Webuye as a casual labourer Today, however, Khamala no longer works at Sarikas family premises. He was long repri-manded and sent home for fall-ing in love with a fam-ily way above his class

    How tHe two lovebirds met

    Continued from P1

    than riches, she said.Khamalas mother says, when Sa-

    rika came, at first she was afraid of the Indian culture and she even tried discouraging his son but later on she came to accept her.

    My daughter-in-law is very differ-ent despite coming from a rich family. She is very down-to-earth, and takes care of me like her mother. She does house chores for me like washing clothes and cooking. She even helped me in planting maize in my shamba, said the mother.

    Sarika was born in Mukumu, start-ed schooling at Webuye Kindergarten and proceeded to Booker Academy for her O-levels. Later on, she joined several schools in Nairobi before re-turning home to manage her fathers businesses.

    Some villagers have even start-ed proffering theories, some claim-ing Khamala may have used black magic to win the Asian beauty.

    Interestingly though, Khamala tells us that it was Sarika who in fact first approached him and not the oth-

    er way round.He tells us that he was first ap-

    proached by Sarika while washing their car. She asked for his number but he was too afraid to give it out. For him, he thought this was an inge-nious scheme to have him fired from his workplace.

    There was no way I was going to give out my number. To my disbe-lief, however, she traced it through a friend, reveals Khamala.

    He reiterates culture does not mat-ter and parents should know that.

    He advises youth to tread careful-ly before getting into a relationship in order to identify genuine love.

    Sarikas parents have tried taking her away but she keeps coming back. What surprises me is that for every occasion we met, she has kept some special stones for remembrance. Even the clothes she wore when we first met, she has kept them religiously, Khamala states.

    Mama Evelyn urges parents to support their children when they get ready for marriage and avoid under-mining their decisions.

  • Page 3NATIONAL NEWS / Wednesday, July 30, 2014 / The Standard

    ByB Moses Michira

    ByB GeorGe orido

    Rescuers near the US embassy that was bombed on August 7, 1998.

    Securing Sh700b for US embassy bomb victims not easy, says lawyer

    reassuring the Kenyan plaintiffs who had been left out of earlier awards.

    In a ruling delivered by the same court in April, for instance, Tanzanian and American victims were awarded Sh77 billion while the Kenyan coun-terparts were excluded despite having suffered the biggest loss of lives and property. In Nairobi, 213 people died compared to 11 in Dar es Salaam.

    Four judges sitting in a court in Washington DC gave the award which is one of the largest compensation in

    Lawyers who won the Sh700 bil-lion award for victims of the 1998 bomb attack have conceded the hard-er part of getting Sudan and Iran to pay up had only started.

    Gavriel Mairone told The Standard yesterday on phone that we are clos-er to our destination than where we started the landmark case nearly 15 years ago.

    The settlement could come in a couple of years but we are almost there, said Mr Mairone, whose firm MM_AM had represented 570 plain-tiffs.

    Fresh litigation had been institut-ed that would enable the lawyers to attach assets of the two countries.

    We have records of several assets that are targets, including Sh170 bil-lion ($2 billion) held in a New York bank account belonging to Iran, Mai-rone said.

    The lawyers are seeking to attach $8.6 billion-worth of assets owned by both Sudan and Iran.

    One hundred and fourteen of the plaintiffs were survivors of the twin blasts that went off almost simulta-neously in Kenya and Tanzania, tar-geting US embassies, Mairone adds.

    Five other law firms were also in-volved in the case.

    Monicah Okoba Opati, Milly Mika-li Ambudso, Mary Onsongo and Win-fred Wairimu Wamai were the main complainants in four different suits before they were collapsed into one.

    We are certain that the plaintiffs will collect a significant portion of these claims, if not all, said Mairone,

    Plaintiffs reassured on claims as fresh case filed to enable lawfirms attach assets belonging to Sudan and Iran

    The 2014 edition of the Ken-ya Music Festival is set to open in Mombasa next Monday with teams from across the country expected for arguably the largest art jamboree in East and Central Africa.

    For nearly two weeks, budding musicians will converge at the coastal city for music, dance and elocution under the theme Nur-turing Creative Talent for Pros-perity.

    We have over 600 classes to showcase and every preparation has been put in place to make this year the most memorable event in the history of the festival, said Mr Benson Abwao, the festivals exec-utive secretary.

    Abwao sought to allay fears that the fete is either postponed or moved to another location oth-er than Mombasa.

    He said the venues for this years event are Aga Khan Acad-emy, Aga Khan High School, Mbaraki Nursery, Kenya School of Government, Star of the Sea Primary School and Coast Girls High School.

    Last year, the event was held in Nakuru after earlier plans to have it in Nairobi were thwarted by the East Africa Military Games that took place at the Moi Interna-tional Sports Centre Kasarani, the same venue the festival had been envisioned to be hosted.

    Unilever, through its products Blueband, Lifebuoy, Omo and Rexona, will be the title sponsor for the second year in a row.

    We think the festival is a great opportunity for a holistic growth of the young ones and that fits very well with our objectives and we look forward to great music in Mombasa, said Unilever Market-ing Manager Ms Elizabeth Mbithi.

    Nursery, primary and schools for the disabled will be the first to perform Monday with singing games, set pieces as well as per-cussion.

    Mombasa set to stage

    music festival

    history.Reviewing their personal stories

    reveals that, even more than fifteen years later, they each still feel the hor-rific effects of that awful day, read the ruling delivered by John Bates, a dis-trict judge.

    The victims had sued the govern-ments of Iran and Sudan under the Foreign Sovereign Immunities Act, accusing the two countries of helping terrorists produce calculated may-hem that caused them untold pain.

    Plaintiffs, victims of the bombings and their families filed cases against the Republic of Sudan, the Ministry of the Interior of the Republic of Sudan, the Islamic Republic of Iran, the Irani-an Revolutionary Guards Corps, and the Iranian Ministry of Information and Security for their roles in support-ing and funding terror attacks.

    The judges ruled that the Govern-ment of Iran conspired with Hezbol-lah, Osama bin Laden, and al Qaeda

    to launch large-scale bombing attacks against the United States.

    Bin Laden, the mastermind of the twin terror attacks, did not pos-sess the technical expertise required to carry out the embassy bombings in Nairobi and Dar-es-Salaam, the judges ruled.

    Sudan was found guilty of har-bouring and providing sanctuary to terrorists and their operational and logistical supply network.

    Sudan had responded to the accu-sations levelled against it, but its argu-ments were thrown out, Mairone told The Standard.

    Iran, which did not file a response in court, is yet to pay nearly Sh1.5 tril-lion ($18 billion) it already owes from other judgments in terrorism cases in the same court.

    Mairone, however, said Libya was in 1998 forced to settle a $1.5 billion award given to victims of the Locker-bie bombing which claimed 270 lives.

    We have records of several assets that are targets, including sh170 billion ($2 billion) held in a New York Bank account belonging to iran LawByer Gavriel Mairone

  • Page 4 / NATIONAL NEWS Wednesday, July 30, 2014 / The Standard

    CORD leader Raila Odinga (second right) looks on as co-principal Kalonzo Musyoka (second left) and Kakamega Senator Boni Khalwale dance in Huru-ma, Narobi, yesterday. This was during a campaign for ODM candidate Ste-phen Kariuki contesting the Mathare seat. [PHOTO: MBUGUA KIBERA/STANDARD]

    Disagreement over ethnic balance has caused a stalemate in filling top positions in the police service as re-quired by a new organisational struc-ture.

    The fate of eight officers qualified for the position of senior assistant in-spector general and 40 others for as-sistant inspector general remains un-known.

    The National Police Service Com-mission (NPSC) has approved the new ranks, which include senior assistant inspector general of police, assistant inspector general and commissioner of police.

    Top police posts vacant as commission disagrees over ethnic parityBut NPSC members are yet to de-

    cide who among the top officers will be named to the new positions amid revelations that tribalism and massive lobbying were the causes of the delay.

    Sources said whereas some com-missioners had agreed on the need for both merit and ethnic balance to be the leading factor, external forc-es want to push their tribesmen and women to the posts, leading to the standoff.

    There seems to be disagreement among some officials on who should occupy these positions, said a high-ly placed official who asked not to be named.

    The first group that should be con-

    sidered for the post of senior assistant inspector general of police are the Se-nior Deputy Commissioners of Po-lice 1 William Sayia (small arms and light weapons unit), Patrick Ochieng (airwing), Kenya Police Colleges Pe-ter Kavila and Administration Police Training College Commandant Omar Shurie.

    This will force the promotion of some of the officers of the rank of dep-uty commissioner of police to fill the vacancies, and dropping of some over regional representation.

    At the top of the service is Inspec-tor General of Police David Kimaiyo, his deputies Grace Kaindi (Kenya Po-lice) and Samuel Arachi (Administra-

    Police have gunned down four suspected thugs at Kabakasi ar-ea within the expansive Embobut forest in Elgeyo Marakwet County.

    Security forces have also launched a manhunt for four others who managed to escaped with bullet wounds into the for-est during the Monday evening incident. The four are said to be armed with two AK 47 rifles and pangas.

    The gang believed to com-prise eight member has been ter-rorising and robbing passengers of their cash and other valuables along the Chesoi-Kapyego road at Kimanich area, and escaping in-to the forest.

    Sambirir Chief Benjamin Kip-kemboi said passengers who had earlier been robbed by the gang alerted members of the public. Police from Chesoi and Kerbut stations were consequently alert-ed and together with members of the public went into the forest where the thugs had been spotted. They were found making tea, said the administrator.

    Mr Kipkemboi said immedi-ately the gang spotted the police officers, they tried to flee while shooting at them.

    OCDP Emmanuel Rono said three gangsters died on the spot in the ensuing gun fire, with one succumbing to injuries while be-ing removed from the forest. He added that the officers recovered valuables that had been reported missing.

    We are pursuing the oth-er members of the gang who es-caped into the forest while armed with guns and appealing to mem-bers of the public to report any person with bullet injuries, said the OCPD. He lauded the public for alerting the police about the gang and identifying their hide-out in the forest.

    The police chief said the gun-ning down of the gangsters would help reduce crime high crime rate in the area. He noted that gang-sters had been staging daring daylight robberies along the busy road and targeting traders.

    Police kill four suspected thugs

    after tip-off, recover goods

    clouds forming. Let them know that it will be seen in the recent future. We will face off once we collect the signa-tures, he said.

    The CORD principal said the Op-position would follow every step in the Constitution related to holding a referendum.

    We want five million signatures and Kenyans are not turning back. We shall follow the law to do what we want in due respect to the rule of law, Raila added.

    Former Vice-President Kalonzo

    lashed out at the IEBC over claims that the planned referendum would cost taxpayers Sh8 billion.

    Who told them (IEBC) that the referendum will cost Sh8 billion. That is a testimony that IEBC is working for Jubilee and it is JEBC (Jubilee Elec-toral and Boundaries Commission), said Kalonzo.

    He sensationally claimed that about a million votes were stolen from Raila in favour of Uhuru in last years elections.

    The referendum will restore the integrity of the vote. The Judiciary threw out over 900 pages of Railas petition. That judgement of the Su-preme Court cannot be quoted pos-itively anywhere in the world, Ka-lonzo claimed.

    Bungoma Senator Moses Wetangula said the Head of State cannot demand respect.

    Opposition to meet CJ Mutunga, IEBC officials on referendum push today

    from Kenyans to push for the referen-dum. Raila told off President Kenyatta over his remarks on Sunday when he toured Mathare Constituency to cam-paign for TNA and Jubilee candidate George Wanjohi, saying he accept-ed the ruling of the Supreme Court that upheld his election last year, but would not be restrained by it.

    Uhuru was here in Mathare and said that I disrespect him and that I should accept I was defeated in the last General Election. I want to tell Uhuru my brother that I respect you, but heshima si utumwa (respect is not slavery), Raila told the mammoth crowd that turned up at the Masinde Muliro grounds in Huruma.

    Raila said respecting the highest office in the land does not mean the Opposition cannot criticise the Gov-ernment and correct its leaders when they go wrong in their policies.

    I respected the court ruling. That is now behind us. He (Uhuru) is the President in the ruling Government and we are the Opposition. We have a duty, not to support the Government, but to correct it and keep it in check, Raila said.

    Using a Kiswahili analogy that jo-goo aliyefanikiwa kutawala mjini hu-wa hamtaki jogoo yeyote kumkaribia kuku katika boma, the former prime minister referred to himself as the Op-position cock that should be respect-ed.

    He has his people in Government, but I am also the cock of the Oppo-sition and I must be respected, he maintained.

    He said the decision by the Gov-ernment to decline dialogue with CORD was testimony of the disrespect the President has for the Opposition.

    Let them wait a little and they will see after we finish collecting the sig-natures.

    We said we wanted to dialogue with the Government over serious na-tional issues facing the country, but all that the President could say was that he was ready to offer us a cup of tea at State House. That is disrespect for the Opposition, he said.

    The former premier said it was on the basis of the Governments rejec-tion of dialogue that they would seek to collect signatures for a referendum.

    I heard people say that the change that we promised did not come to pass because they did not see the

    Uhuru wants respect. Let us tell him as CORD and patriotic Kenyans that you do not demand respect, but you earn it from the people. You can-not preside over corruption and trib-alism. No one will respect you unless you deserve it, Wetangula reiterated.

    He accused Uhuru and his deputy Ruto of taking Kenya backwards, but asked CORD Members of Parliament not to be tempted to sing the Jubilee tune, claiming the decision by the Na-tional Assemblys Public Investments Committee to approve the controver-sial Safaricom security tender was not above board.

    We tell CORD MPs to stand up to be counted. Let the majority get their way, but the minority must also have their say. We want to examine the ten-der to Safaricom and evaluate how it was awarded, the Bungoma senator said.

    tion Police), and Criminal Investiga-tions Department (CID) boss Ndegwa Muhoro.

    Many officers feel continued de-lay of the appointments had contrib-uted to failure by security officers to address some structural and security problems.

    In the structure, the CID, Gener-al Service Unit and some formations will be semi-autonomous but report-ing to the Inspector General of Na-tional Police.

    There will be eight directorates to be based at the police headquarters to co-ordinate the overall affairs of the service.

    These include operations, plan-

    by Fred Kibor

    by Cyrus ombatining, logistics and development, gender and community policing, personnel, internal affairs unit and communication.

    There will also be a principal assis-tant to the Inspector General of Na-tional Police, his deputies and Direc-torate of CID.

    In the national structure, there will be 10 senior assistant inspectors gen-eral of police.

    Two will be in the IGs office, four in the office of the deputy IG in charge of police, three in the office of deputy IG for AP and one in the office of di-rector of CID.

    Police vetting is ongoing.

    Opposition has named four-member team to help CORD craft the referendum question Raila declared CORD would collect five million signatures to demonstrate that many Ken-yans disapproval of the manner the Jubilee coalition is govern-ing the country He explained the Judiciary and IEBC are key players in the referendum process, but added CORD would meet with many more players in both public and private sector

    WHAT CORD IS DOING

    Continued from P1

  • Page 5NATIONAL NEWS / Wednesday, July 30, 2014 / The Standard

    International Criminal Court judg-es stepped up the pressure on the Ju-bilee administration to make available all the crucial information including financial records that the prosecution hopes would buttress the case against President Uhuru Kenyatta.

    The judges dismissed the Gov-ernments plea, through the Attorney General Githu Muigai, that they could not help Prosecutor Fatou Bensouda in her job.

    The Chamber considers that re-questing the information from official sources, maintained by relevant gov-ernment agencies, constitutes an ap-propriate means of seeking to obtain such information, the judges noted, as they pointed out that the prosecu-tion was specific in the time period,

    Judges say this is the only way prosecution can establish any pattern of unusual activity that could help bolster case

    the individual involved, and the na-ture of the information that it seeks.

    In the ruling yesterday, ICC Judg-es Kuniko Ozaki, Robert Fremr and Geoffrey Henderson, also gave Ben-soudas office the express permission to pursue all possible means to get the telephone records linked to Pres-ident Kenyatta. The records date from June 1, 2007 to December 15, 2010.

    The judges said the prosecution was right in specifying a long time be-cause it is the only way to establish a pattern of activity, so that the un-usual communications or transac-tions pop out.

    In the Chambers view, inves-tigative inquiries need not be con-fined merely to the immediate peri-od of the violence, the judges noted in their signed ruling.

    The ruling means Prof Muigai and the Interior Cabinet Secretary Joseph ole Lenku, under whose docket the work of co-operation with ICC falls, would have to work harder to get the bank, land transfer, vehicle, compa-ny and even telephone records linked to Uhuru.

    The State would also have to sur-render intelligence reports and any other police report regarding the Pres-idents activities in the same preiod.

    Kenyan officials would also have to manually comb through the paper

    records at many of the Government offices, especially those at the Minis-try of Lands, and those at the Regis-trar of Companies, to get information on companies that President Kenyatta owns directly or indirectly.

    It is noted that such information is not normally sought primarily for its own evidentiary value but rather to facilitate the subsequent requests for transactional records, including in respect of land transfers and bank ac-count details. In the chambers view, it is a reasonable investigative premise that an accused with access to sub-stantial resources may choose to act through various intermediary entities as this would in particular reduce the traceability of transactions intended to further a criminal purpose, the judges noted.

    The judges said they understood the practical difficulties in getting the information, but even so, practi-cal difficulties that may arise in carry-ing out a request do not invalidate it.

    The Chamber notes that the Pros-ecution has indicated a willingness to provide additional resources, if re-quired, to assist in conduction manu-al searches, the judges said.

    They noted that the difficulties might be mitigated or overcome if the Prosecution and the Government worked in good faith.

    ICC piles pressure on Kenya to release Uhuru records

    ICC Prosecutor Fatou Ben-souda has been given the ex-press permission to pursue all possible means to get the telephone records linked to President Uhuru Kenyat-ta. [PHOTO: FILE]

    JUDGES RULING

    ByB Alphonce Shiundu

    They say that requesting the in-formation from official sources, maintained by relevant government agencies, constitutes an appropri-ate means of seeking to obtain such information The judges said they understood the practical difficulties in getting the information, but even so, prac-tical difficulties that may arise in carrying out a request do not inval-idate it and can be mitigated or overcome

    Consolidated Bank is a medium sized commercial bank with over 25 years experience in the industry offering a wide range of financial solutions. In line with the stated motto of growing with you, the Bank endeavors to be the Bank of choice in the chosen segment market by offering the most flexible financial solutions that support its customers to achieve success.

    The Bank is seeking proposals from qualified consultants to work with the Bank to develop a strategic plan for its next phase of growth. The selected consultant(s) is expected to carry out in liaison with the senior management of the Bank;

    4 External analysis4 Industry and competitor analysis4 Situation analysis4 Facilitation of strategy session4 Development of a strategy document

    Request for Proposal documents detailing the requirements and Terms of Reference (TOR) may be obtained from the Reception at Consolidated Bank House, 6th Floor, during working hours upon deposit of a non refundable fee of Kshs. 2,000.00 to any Consolidated Bank Branch A/C No. 1000-3200201 either in cash or bankers cheque payable to Consolidated Bank of Kenya Ltd.

    Completed Request for Proposal documents in plain sealed envelopes clearly marked REQUEST FOR PROPOSAL FOR THE PREPARATION OF THE BANKS STRATEGIC PLAN - CBKL/PRO/STRAT/2014/1 should be deposited in the Tender Box at the Reception, Consolidated Bank House 6th Floor, 23 Koinage Street and addressed to:

    Chairman, Tender CommitteeConsolidated Bank of Kenya LimitedP.O. Box 51133 - 00200Nairobi, Kenya

    on or before 12 noon, 14th August, 2014..The tender documents shall be opened immediately in the presence of the candidates or their representatives who choose to attend. Late submissions will be rejected and returned unopened.

    The Bank reserves the right to accept or reject any proposal, in whole or in part and does not bind itself to accept the lowest bid or give reasons thereto. Any canvassing or giving of false information will lead to automatic disqualification.

    REQUEST FOR PROPOSAL FOR PREPARATION OF THE BANKS STRATEGIC PLAN - CBKL/PRO/STRAT/2014/01

  • Page 6 / NATIONAL NEWS Wednesday, July 30, 2014 / The Standard

    Kenyas largest referral hospital has welcomed a new move aimed at decongesting the facility.

    Kenyatta National Hospital (KNH) Chief Executive Lily Koros said the Health Sector Referral Strategy 2014-2018, recently unveiled by the Minis-try of Health, will ensure continuity of care and effective management of the countrys medical services and reduce delay at the referral level.

    Ms Koros said implementation of the guidelines will ensure a well co-ordinated patient care, where the referring hospital conducts adequate preliminary assessment on the pa-tient before referring them.

    KNH is the ultimate referral point for patients requiring specialised healthcare. The Accident and Emer-gency Unit receives an average of 500 patients daily, with between 30 to 40 patients being referred from county hospitals, she noted.

    Women carry a bed at Balozi estate in Nairobis South B, yesterday. Residents were forced to salvage their property after the National Environment Manage-ment Authority pulled down their houses following an order to demolish build-ings and structures built on riparian land in South B. [PHOTO: WILLIS AWANDU/STAN-DARD]

    ByB GATONYE GATHURA

    ByB BRiGid CHEmwENO

    ByB EvERlYNE KwAmBOKA ANd TiTUs TOO

    FINDINGS PRESENTED BY KENYAN TEAM AT FORUM Results presented at Aids con-ference show Depo Provera in-creases the risk of HIV acquisition compared to women not using this contraceptive or not using any at all. But in this study it was also indicated that another inject-able NET-EN, also increases the risk of HIV infection Team had looked at 18 stud-ies involving 37,124 women from eastern and southern Africa. They found an increased risk of HIV infection among women using the injectable Depo Provera

    The Health ministry now wants all healthcare workers vaccinated against hepatitis B.

    Principal Secretary Fred Sigor said Monday during the World Hepatitis Day that the ministry had mounted a campaign to ensure all medical per-sonnel get the crucial vaccine.

    The Health ministry has decided to be proactive in developing the na-tional strategic plan in healthcare set-ting 2014-2018 to ensure reduction of the incidence of acquiring infections among patients, staff and those in healthcare environments, said Sigor.

    Meanwhile, Kenya Medical Re-search Institute (Kemri)-led cam-paigns against hepatitis B have reached out to 2,198 persons who turned out for testing in Nairobi alone during a weeks sensitisation programme.

    Prof Maritim Songok, head of in-fectious and parasitic diseases pro-gramme at Kemri, said 43 people were found to be hepatitis B positive and have been referred for management. He said all who tested negative were vaccinated against the disease.

    Popular birth control injection

    linked to HIVKenyan researchers say Depo Provera, a prophylactic jab, doubles the risk of HIV infection in women

    The locally popular injectable birth control method, Depo Prove-ra, has yet again been linked to high-er HIV infections in women.

    A new study presented at the In-ternational Aids Conference in Mel-bourne, Australia last Thursday, which had covered 37,000 women says the use of the injection puts us-ers at a high risk of HIV infection.

    Similar claims were raised three years ago from a study carried out in Kenya and six other African countries which claimed Depo Provera doubled the risk of being infected with HIV among users.

    The study in Kenya had been car-ried out by the Kenya Medical Re-search Institute, Moi University and the University of Nairobi in collabo-ration with researchers from nine in-ternational universities.

    The six-country study had en-gaged 3,790 women in Kenya, Bo-tswana, Rwanda, South Africa, Tanza-nia, Uganda and Zambia, and advised them to use the injection together with condoms to protect against HIV infection.

    However, the Ministry of Health with support from the World Health Organisation (WHO), had dismissed the findings and told Charles Mor-rison of FHI 360 presented results showing the hormonal contraceptive increases the risk of HIV acquisition compared to women not using this contraceptive or not using any at all. But in this study it was also indicated that another injectable NET-EN, al-so increases the risk of HIV infection.

    Morrison and his team had looked at 18 studies involving 37,124 wom-en from eastern and southern Africa. They found an increased risk of HIV infection among women using the in-jectable Depo Provera as well as NET-

    EN, but none among those using the pill.

    The researcher said he is look-ing for more funding to do further research on the issue. During the same presentation, WHO maintained the injectables are safe and women should continue using them. Dr Mary Lyn Gaffield of the global health agen-cy said reviews they had done earli-er this year did not warrant a change of WHO guidelines on the use of the two products.

    We are strongly advising wom-en using progestogen-only injectable contraception to also always use con-doms, and other HIV preventive mea-sures, say the current WHO guide-lines which are also in use in Kenya.

    But Kenya scientists did not take the WHO opinion kindly writing a re-joined in the scientific journal The Lancet, saying they stood by their findings and called for more studies to conclusively resolve the issue.

    While we are not sure of the sci-entific interplay between the hor-monal contraceptive and HIV, our studies showed an increased risk of transmission which needs to be fur-ther investigated, Dr Nelly Mugo, one of the researchers from Kenyatta Na-tional Hospital had told journalists. She said the team stood by its earlier advice to women at a high risk of HIV infection to practice a contraceptive mix consisting of either a male or fe-male condom.

    >>Other storiesinsideObama to boost ties with KenBya and pledges increased trade with Africa.

    p10 KNH welcomes fresh plan to decongest referral facility

    Rendered homelessState directs medics to get Hepatitis B jab

    The County Government of Homa Bay will hold its first symposium on Human Resource and Training needs for the health sector on Thursday, July 31, 2014 at the Kenya Medical Training College (KMTC) Homa bay, starting 8.30 am.

    The Conference is one of the strategies of addressing the poor health indicators in the county and will bring together medical scholars, ministry of health officials both at the National and County levels.

    It is envisaged that the Symposium will propose workable strategies on how to address training needs and distribution of the workforce in health facilities throughout the County.

    The Symposium will focus on, among other keys issues:Investing in human resource for health trainingHoma Bay county pre-service and in-service trainingHealth workforce forecastingStrengthening health training systems

    Health experts and opinion leaders are invited to this important symposium. Members of the public can also give their views through written memoranda delivered to KMTC Homa Bay or email to: [email protected]

    FIRST HOMA BAY COUNTY HEALTH WORKFORCE TRAINING SYMPOSIUM

    THEME: THE STATE OF HEALTH WOKER TRAINING IN HOMA BAY COUNTY

    COME GIVE IDEAS TO HELP IMPROVE HEALTH SERVICES IN HOMA BAY.

  • Page 7NATIONAL NEWS / Wednesday, July 30, 2014 / The Standard

    >>Other

    storiesinside

    CID officer kills wife, commits suicide.

    p12

    Some ODM leaders from Nyanza and Western regions have opposed the push by the Coalition for Reforms and Democracy (CORD) for a nation-al referendum.

    Although a majority of politicians from the regions support of the push, some have, however, expressed fear that the move could hit a dead end.

    CORD is fronting a national ref-erendum to heal the challenges af-fecting the country, a decision the coalition reached on July 7 after the Government failed to hold a national dialogue with the opposition.

    But Rongo MP Dalmas Otieno and Migori Governor Okoth Obado have urged CORD to change tact to achieve the desired results.

    And Kitutu Chache South MP Richard Onyonka Kenyans are suffer-ing from electioneering fatigue and that they need time to heal.

    Onyonka scoffed at ODM threats to punish errant members who do not support the partys course, saying he was ready to seek a new mandate be-cause I cannot be intimidated to sup-port what I do not agree with.

    ODM leaders split on push for referendumOur people are suffering from electioneering fatigue and they need time to heal, says Onyonka

    Although he termed CORDs con-cerns as genuine, he said the chal-lenges could be addressed by both Jubilee and CORD members in Par-liament.

    The Jubilee MPs have agreed that together we can amend the laws to bring solutions to the problems raised, he said.

    Lugari MP Ayub Savula has also

    ing that it could ignite ethnic tension.And Obado urged the opposition

    to adopt a new approach, rather than a referendum, in order to unite all Kenyans.

    We must seek a way of engaging the Government on this important is-sue because it requires overwhelming support from all Kenyans, he said.

    But Kisumu Central MP Ken Obu-

    questioned the timing for the referen-dum as some of his fellow politicians from the Luhya community, includ-ing former National Assembly Speak-er Kenneth Marende and former Lu-gari MP Cyrus Jirongo who opposed the Saba Saba rally, are yet to declare their stand.

    Otieno said a referendum would be an exercise in futility, further warn-

    ByB DennIs OnyangO

    ra said the push for a referendum was unstoppable, saying it was the only way to salvage the country from the challenges bedevilling it.

    CORD is seeking to provide a new direction to the country because we are not pleased with the runaway in-security and high cost of living, he said.

    A State corporation is on the spotlight over the controversial sale of its prime land in one of Nai-robis leafy suburbs. The management of Kenya In-dustrial Estate (KIE) has been faulted for the sale of the land in Karen, which re-sulted into loss of millions of shillings due undervalu-ation.

    National Assembly Pub-lic Investment Committee has summoned a former Managing Director and the corporations tender com-mittee to appear before it today to shed more light on the fraudulent sale of the public property.

    The committee seeks to find out if the public pro-curement law was adhered to.

    The MPs have accused KIEs management of sell-ing the land at a throw away price, given the cur-rent selling price of one hectare of land in Karen, estimated at Sh100million.

    The Standard estab-lished that the commit-tee will investigate circum-stances surrounding the

    sale of the land, if the en-tire process met the req-uisite requirements in the Public Procurement law, input of the Government valuer, concurrence by the State inspectorate and the Ministry of Finance. We want to know the key players involved in the whole exercise, the role of the tender committee and if the board approved the same, disclosed an MP, who sought anonymity.

    He stressed that the committee has the man-date to establish whether the sale was an inside job. The committee chaired by Adan Keynan will also probe if government valuer played a role in the process. Chris Wamalwa (Kimini-ni), who is a member of the committee said about 70 per cent of public prop-erty is sold fraudulently. He said the committee will in-vestigate the sale of these properties and if need be, call for their repossession.

    The corporations MD Julius Mokongi is sched-uled to appear before the committee tomorrow to shed light on the deal.

    KIE to be probed over irregular sale of land

    By ROseLyne OBaLa

  • Page 8 / NATIONAL NEWS Wednesday, July 30, 2014 / The Standard

    Karuga said education partners will also be feted. We have partners who have worked with Kepsha to en-sure quality education and we shall recognise them. We will also recognise the Kepsha National Executive Coun-cil (NEC) members, said Karuga.

    He said the teachers will commu-nicate their strong stand on schools financing and the running crisis in schools. Many schools activities have stalled and schools are closing prema-turely because there are no funds sent to schools even after the deputy presi-dent ordered the same, he said.

    Karuga said some school heads will send children home because they can no longer hold them. There is no food in schools, drama festivals have been scuttled and many other activi-ties that cannot go on without mon-ey, he said. He said teachers will de-

    mand answers on the stalled standard one laptops project.

    He said the conference will al-so discuss staffing gaps in primary schools. He added that teachers will also reject any attempt by the minis-try of education to make them agents of the ministry.

    The chairman also said teachers will reject any attempt to deduct 1.5 per cent towards agency fees as pro-posed by TSC. We leave that talk to unions but for us we have already re-jected this and we shall also make a decision on the same during our meeting, he said.

    Neighbours in shock outside the home of Julius Otieno, a CID offi-cer who shot his wife Nelius Nduku and committed suicide over love affair, at Kamiti Corner estate in Kiambu County yesterday. See story on Page 12. [PHOTO: FIDELIS KA-BUNYI/STANDARD]

    State to hand over road

    construction to contractors

    Contractors will now be re-quired to design, construct and maintain roads as the govern-ment adopts a new mode of in-frastructure development.

    This decision was reached af-ter a meeting involving Depu-ty President William Ruto, Trans-port Cabinet Secretary Michael Kamau and his Treasury coun-terpart Henry Rotich, Transport Principal Secretary John Muson-ik and Kenya National Highways Authority Director General Me-shack Kidenda.

    Speaking after the meeting, the two CSs said the government would pay contractors at regular intervals over an eight-year peri-od.

    There is a difference between what we propose to do and what used to happen previously. Con-tractors will have their consul-tants to design the roads so that the issue of escalation of costs does not arise when we provide the designs, Kamau said.

    He argued that contractors complained of wrong designs which led to high costs in the past.

    Now the responsibility will be with them because they will have to repair the roads for a period of six years, he said.

    He added that the State will also work with governors to en-sure roads constructed are of high quality.

    We are trying to bring in a new mode of financing where the private sector will play a big role. This mode has been used in Aus-tralia and the United Kingdom, noted Rotich.

    They said the new move would start with the construction of 10,000 kilometres over the next five years and that an expres-sion of interest for those willing to construct the 2,000 kilometres in 2014/2015 had already been re-leased.

    The meeting precedes a con-ference for players in the road construction industry to be held today in Nairobi. President Uhu-ru Kenyatta will open the forum. Engineers and consultants are among those set to attend.

    Painful love

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

    Security beefed up in head

    teachers forum

    An additional 200 police officers will be deployed in Mombasa next week during the primary school head teachers national conference, In-spector General of Police David Ki-maiyo has said.

    Kimaiyo said the officers will be positioned at key installations and at the conference venue to ensure

    10,000 primary school principals converge in Mombasa next Monday for a week-long meeting

    the teachers week-long meeting ends smoothly.

    Enough security personnel have been lined up to ensure smooth run of the exercise. The officers will be guarding the venue where the teach-ers will meet and that is our duty. We will ensure security for all Kenyans, said Kimaiyio.

    Kenya Primary School Head Teachers (Kepsha) National Chair-man Joseph Karuga said yesterday that 10,000 head teachers will attend the meeting at Sheikh-Zayed Children Center from next week on Monday.

    This will not be an ordinary meet-ing because we will also be celebrat-ing the 10th anniversary for the asso-ciation, he said.

    Deputy President William Ru-to will open the conference whose theme is Make the child count.

    A 72-year-old man was hacked to death and a teenage girl gang-raped after criminals raided Shibuli village in Kakamega on Monday night.

    The 13-year-olds mother had her arm slashed after the 15-member gang struck, seriously injur-ing over 10 people.

    The criminals are said to have raided the first home at about 9pm and demanded for money from her and her husband.

    A scuffle then ensued, prompting the mother to raise the alarm. The robbers slashed her arm and then raped her daughter, a Class Seven pupil at Shi-

    siru Primary School.We had just finished dinner and were readying

    ourselves to go to bed when a gang stormed our house and shoved my mother aside as they made their way into the house.

    They later tied all of us together and demand-ed money from my father. They then took my kid sister whom they repeatedly raped before stealing household items and Sh50,000, a family member told The Standard.

    The two, mother and daughter, are currently ad-mitted to Kakamega County General Hospital.

    The gang proceeded to the home of a local busi-nessman few kilometres away, making away with property of unknown value.

    They then headed to the home of a resident identified only as Rosemary and broke into her sons house where they stole household goods.

    They ordered him to convince his mother to open her door claiming he had been arrested by police.

    But Rosemary called a village elder, Dismas Mu-nanga, who responded by blowing a whistle to alert neighbours of intruders.

    Unfortunately, Munanga met the criminals as they continued with their mission and was hacked to death, his wife Regina said.

    The raiders moved to another homestead where they stole an unknown amount of money from an animal trader.

    The National Police Service (NPS) is working on a new cy-ber-crime security law to stem hacking.

    Addressing the Press at a Na-kuru hotel during the prepara-tion of the NPS communication strategy, Administration Police Spokesman Masoud Mwinyi and his Police counterpart Zipporah Mboroki warned that individuals found guilty of hacking will face the law.

    Those hacking security and other peoples private commu-nication channels, including so-cial media, are operating danger-ous enterprises and will firmly be dealt with using the existing laws as we work on the privacy intru-sion law, warned Mwinyi.

    The strategy being drafted by the Kenya Police, Administration Police, Criminal Investigations Department and the Ministry of Information and Communi-cation will improve the relaying of police information as well as strengthen community policing.

    They said the draft policy is part of the broader strategic plan 2013-2017 aimed at transforming the service into a modern and re-sponsive institution that meets the constitutional aspirations of Kenyans.

    The document is set to under-go thorough scrutiny both in the service and by scholars before it is unveiled next month.

    Police set to unveil law to catch hackers

    Grief, pain as 15-member gang raids Kakamega village, kills one

    SoPhiah Muthoni

    Kennedy oKwach

    RobeRt KiPlagat

    auguStine oduoR

    MAJOR NATIONAL CONFERENCE TO KICK OFF IN ERNEST Kenya Primary School Head Teachers (Kepsha) national chairman Joseph Karuga said yesterday that 10,000 primary school head teachers will attend the meeting to be held at Sheikh-Zayed Children Centre Deputy President William Ruto will open the conference whose theme is Make the child count Inspector General of Police David Kimai-yo (right) has said 200 police officers will be positioned at key installations and at the conference venue to ensure the week-long meeting ends smoothly

  • Page 9NATIONAL NEWS / Wednesday, July 30, 2014 / The Standard

    Shock and disbelief gripped a vil-lage in Kisii County after a 60-year old woman was allegedly hacked to death by her daughter-in-law, following a disagreement over a cup of porridge.

    Witnesses claimed that Truphena Kwamboka, 25, hacked her mother-in-law Clemencia Kwamboka to death with a sharp knife in Marani District, Kisii on Monday evening.

    The two who had just returned from their days work disagreed over the manner in which a cup of porridge was to be shared.

    Confirming the incident, Mara-ni OCPD Benjamin Kimwere said Truphena did not want the cup of por-ridge shared with another child.

    Kimwere said Truphena who got married in the homestead after the death of the deceaseds son in May last year did not want the porridge shared with her other grandson from another son.

    While she insisted that the por-ridge be given to her child, her moth-er-in-law disagreed with her, saying that the porridge be shared between

    Woman kills mother over porridgeDaughter disagrees with her mother-in-law on how meal could be shared between two children

    the two children.Truphena, however, did not con-

    vince her mother-in-law as her child did not take the porridge, which was taken by the other child. This did not go down well with Truphena who ar-gued that her child, who was younger than the other one, should have been given the first priority.

    Burning with rage, Truphena wait-ed till nightfall when everybody was asleep and hacked the elderly wom-an to death.

    This is bizarre to us, especially for the two since they seemed to get along well, said a neighbour, adding that the argument seemed petty in the first place.

    Kimwere told The Standard on the telephone that investigations will be carried out to establish if there was any deep-seated hatred between the two. What we got is from the scene of crime but we will carry our own in-vestigation to establish the truth, he said. He termed it unfortunate that a small disagreement had caused the death of the elderly woman.

    Attempts by neighbours to lynch the suspect were thwarted by police who rushed to the scene immediate-ly. The suspect, Kimwere said, was arrested and taken to Rioma Police Station and would be taken to court awaiting charges today.

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

    A policewoman arrests a driver during a crackdown along the Nairobi-Momba-sa road near Athi River, yesterday. Hundreds of motorists were arrested and charged while travellers got stranded for hours. [PHOTO: PETERSON GITHAIGA/STAN-DARD]

    Long arm of the law

    ByB Winsley Masese

    The management of a private sug-ar mill in Kakamega County has been summoned to appear before the Na-tional Assemblys Public Investment Committee over cane theft allega-tions.

    The Adan Keynan-led team is probing claims that the firm had en-croached on development by a rival firm which has severely affected pro-ductivity at the two mills.

    The factorys leadership is sched-uled to appear before the committee today following concerns raised over the future of cane farming and other State-owned factories in Western re-gion cases of cane theft rise.

    The sugar industry is a crucial sector in the growth of our economy and therefore all players should have a level ground. No company should have undue advantage, said a mem-ber of the committee who requested anonymity.

    The MP expressed concern that the menace had a negative impact on the two factories and its contract-ed farmers, and if allowed to continue might lead to their closure.

    The duty of the Government is to protect its investment. We cannot al-low a private company to force Gov-ernment companies out of business, he said.

    Sugar miller summoned

    over cane theftBy ROselyne OBala

  • Page 10 / NATIONAL NEWS Wednesday, July 30, 2014 / The Standard

    Students from various universities in Kenya listen to a video-linked speech by US President Barack Obama at the US Embassy in Nairobi. [Photo: WILLIS AWANDU/StANDARD]

    US to set up four regional leadership centres in AfricaThe Washington Fellowship for

    Young African Leaders where 42 Ken-yans are taking part was yesterday re-named the Mandela Washington Fel-lowship for Young African Leaders.

    The announcement was made by US President Barack Obama when he addressed 500 youths who have been training in the US under the Young Af-rican Leaders Initiative (Yali).

    This programme reflects some of the values Mandela held and, with blessing from his family, we decid-ed to rename the fellowship, he ex-plained.

    Obama also announced that four

    regional leadership centres would be set up in Kenya, Ghana, South Africa and Senegal.

    He said the centres would focus on engaging young leaders from a wide range of organisations and back-grounds.

    The centres will provide quali-ty leadership training, support en-trepreneurship and enhance profes-sional networking, he said.

    Obama said there was need to establish the fellowship, which was launched in 2010, to benefit the young people in Africa.

    The address by the US President to the 500 fellows from all over Africa was witnessed though a video link by

    Retired President Daniel Moi yesterday questioned the motive of US President Barack Obamas Young African Leaders Initiative (Yali).

    Mr Moi read mischief in the mentorship programme initiated by Obama.

    He questioned the selection criteria of the youths and what their training entails.

    He said Kenyans should be told clearly how the beneficiaries in-tend to ascend to leadership po-sition.

    I have read the story with a lot of interest. However, some ques-tions need to be answered. Who are these young leaders? Who se-lected them and what is the sub-ject area taught? said Moi.

    The former president was re-acting to ysterdays story in The Standard where President Obama met 500 African youths who have been training in the US under Yali, among them 42 Kenyans.

    While saying that the initiative raised more questions than an-swers, Moi said Kenya was a dem-ocratic country where leaders are elected through popular vote and questioned how the young leaders were expected to ascend to power.

    He said Kenyans must be wary of some initiatives that are pack-aged in a manner that seems harmless yet the intention may not be what people think.

    According to the organisers of the programme, the mentor-ship initiative aims to change the thinking of young people across Africa.

    Moi cautions on US youths mentorship programme

    in Washington DC and alluded to a turning point for his administration on how it engages Africa and its lead-ers in a newfound relationship. It will be the biggest delegation ever of Afri-can Heads of State and Government in history of US.

    Zimbabwean President Robert Mugabe, Sudans Omar El Bashir, Er-itreas Isaias Afwerki have not been in-vited.

    While the US administration re-mained tight-lipped on possibilities of Obama visiting Kenya before the end of his tenure, the US President spoke fondly of Kenya, praising suc-cess projects and his vision for a vi-brant and stable continent as op-posed to harsh criticism seen in his past statements.

    A relaxed Obama challenged the youth to help change the African nar-rative from the story of poverty, dis-ease, civil strife and corruption to a success story built around good gov-ernance, innovation and the rule of

    law.He did not fail to mention repug-

    nant cultural practices which must be shunned, singling out female genital mutilation, violence against women and polygamy.

    Our summit next week is pegged on how we can build a new partner-ship with Africa for peace and sta-bility, he said, adding that we will support active engagement of citi-zens and the creativity of young Afri-cans must be tapped. We will partner with skills and technology to spark change in the African countries.

    He announced possibility of fund-ing gaps targeting small businesses to blossom and offer youth opportuni-ties, arguing his administration will focus on how to make credit accessi-ble to all.

    You do not have to be son or daughter of somebody to be able to access funds for business develop-ment or entrepreneurship. We will judge you on merit to bypass any sys-

    Obama to boost ties with Kenya and pledges increased trade with Africa

    US President to host Uhuru among other 40 heads of State and Government in Washington DC

    US President Barack Obama has rooted for increased trade with Afri-can countries ahead of crucial sum-mit with the continents presidents in Washington DC.

    Obama announced his plans to re-negotiate the Africa Growth and Op-portunities Act (Agoa) to increase trade between Africa and the US.

    We are strongly committed to en-suring Agoa is reopened when it ex-pires in September 2015, he said.

    Addressing 500 youths who at-tended Washington Fellowship pro-grammes through the Young Afri-can Leaders Initiative, among them 42 Kenyans, he spoke fondly of the land of his father Hussein Barrack Obama senior, amid applause.

    He announced plans to create an African Leadership Centre in Kenya. Three other centres will be created in Ghana, South Africa and Senegal.

    ESSENTIAL CONTACTObama appeared to climb down

    from the hardline stance on main-taining essential contact with Pres-ident Uhuru Kenyatta and Deputy President William Ruto over their cas-es pending in The Hague-based Inter-national Criminal Court, and instead chose to recognise the possibilities of making Kenya a shining economy in the region.

    There is no reason why it should be easy to fly fresh flowers from Ken-ya to Paris while it takes longer to fer-ry tea (goods) to Tanzania next door, he said.

    It is our desire to make Ken-ya, Tanzania and Uganda a stronger trading bloc by promoting intra-Afri-ca trade, Obama said yesterday at the Omni Shoreham Hotel.

    The first black US President will host President Kenyatta among oth-er 40 heads of State and Government

    Retired President Daniel arap Moi.

    tem that smacks of favouritism and ethnicity, he added.

    The Centre for Strategic and In-ternational Studies Director for Af-rica Jenniffer Cooke said there was need to mend fences with Kenya to overcome the sour relations caused by the ICC cases against Uhuru and Ruto that had sent bad signals.

    150 students from nine universities in Kenya who had been invited to the US Embassy in Nairobi.

    The students, who were leaders in different areas in their respective uni-versities, were delighted by Obamas announcement that the number of fel-lows will have increased from 500 to 1,000 by 2016.

    The establishment of the centres in the four Africa countries will be funded by the United States Agency for Inter-national Development, which will of-fer US$38 million.

    Obama said the US-Africa leaders summit to be held next month will ad-dress some of the pressing issues af-fecting Africa.

    Part of what will be discussed, Obama said, would be how to support enterprises by the youths and gen-der-based violence often witnessed in some African countries.

    As a continent, you have the task to find out what traditions are worth holding on to and which are not. Fe-male genital mutilation, for exam-ple, is one tradition that is barbaric and should be done away with, said Obama while fielding a question on how US is committed to ending gen-der-based violence in Africa.

    Obama asked the youths in Afri-ca to take up an active role in keeping their leaders accountable.

    Obama singled out Kenyas Nich-olas Ngondi, an engineer who is blind but advocates the rights of the visually impaired and persons with disabilities. Ngondi founded a company called Water, Environ-ment, Sanitation and Safety Another Kenyan, Josephine Ku-lea, caught Obamas eye during the session with her Samburu attire She asked for support from Obama to ensure African leaders renew their commitment to the youth with continuous engage-ment

    Obama recOgnises twO Kenyan yOuth

    DAvID OhITO IN WAShINgTON DC

    KIprOTICh ChEpKOIT

    by SOphIAh MuThONI

    US President Barack Obama.

  • Page 11NATIONAL NEWS / Wednesday, July 30, 2014 / The Standard

    >>Other

    storiesinside

    Kalonzo: Its time to end tribalism.

    p12

    The Government plans to have one portal for all its websites in bid to curb hacking.

    Communications Authority of Kenya (CAK) Director-General Francis Wangusi said the separate manage-ment of websites has exposed them to cyber-crimes.

    Each governmental institution has been running their websites sep-arately making them vulnerable. Un-der the new initiative, it will be easier to monitor and coordinate the func-tions of the sites, said Mr Wangusi.

    This comes barely a week after the Kenya Defence Forces (KDF) and KDF spokesperson Major Emmanu-el Chirchir Twitter accounts were at-tacked by hackers who posted a series of distasteful tweets.

    Wangusi urged the public to en-

    State to have all its websites under one portalSeparate management of internet sites exposes them to cybercrimes, says CAK boss

    sure their social media accounts are verified by the proper administra-tors to avoid being victims of cyber attacks.

    He was speaking yesterday during the opening of an annual e-learning conference in Nairobi.

    The conference brought togeth-er over 50 delegates from 11 regional and international countries under the

    read on his behalf by Wangusi.Matiangi said there was need to

    tap developing talent, with support of technology, for empowerment in the competitive world.

    Innovation lies within people, not machines. Technology is a cata-lyst that enhances our processes and bring about efficiencies of what we do, he added.

    theme 21 Century Learning.ICT Cabinet Secretary Fred Ma-

    tiangi said e-learning was no longer and add-on but rather a staple for schools and organisations.

    My ministry will play a key role going forward in working hand-in-hand with the organisers to ensure that this initiative continues and suc-ceeds, said Matiangi in a speech

    ByB Lonah KIBet

    The conference coordinator Dr Penina Mungania said there was in-creasing demand for e-learning as a tool for training.It is projected that half of all colleges will have adapted e-learning by 2019. The conference theme was derived from students de-mands in integration of ICTs and how it has become a significant source of revenue for institutions.

    A Nigerian was Monday arrested at the Jomo Ken-yatta International Airport with several pellets of her-oin valued at Sh2 million.

    The man aboard KQ was arrested after landing at JKIA to take a connection flight to Abidjan.

    Airport CID boss Joseph Ngisa said police arrest-ed the suspect while wait-ing in the transit lounge and later found he had in-serted heroin pellets in his rectum.

    He was placed under observation and police say he had emitted 61 pellets of the drug believed to be heroin.

    We hope he will be through with the emission of the pellets before we take him to court, said Ngisa.

    He added police surveil-lance had been increased at the airport to tame in-creasing incidents of drug trafficking.

    The Monday arrest came days after another Nigerian was arrested while carrying 57 pellets.

    Police said he had by

    Monday emitted 53 pellets and will appear in court on Thursday.

    He appeared in court on Monday and police were given more time to allow him emit more of the pel-lets that doctors say he still has, said Ngisa.

    The 37-year-old man had arrived at JKIA from Lagos while on transit to Bangkok when he was ar-rested.

    The airline that was to fly him out with other pas-sengers to Bangkok booked him at the Laico Regency last Wednesday before he fell sick and was rushed to hospital.

    DeLaYeD FLIGhtHe was among 125 pas-

    sengers on transit who were booked in city hotels when their flight was de-layed after its pilot fell sick.

    Police at JKIA have in the past months made ar-rests and seizures of drugs that are on transit.

    Most of the narcot-ics seized are cocaine and heroin.

    Statistics show police at the airport seized drugs valued more than Sh50 mil-lion last year. Most of those arrested were passengers on transit.

    The trend shows most of the passengers on tran-sit from South American countries carry cocaine while those from Asian countries carry heroin.

    Another Nigerian held, Sh2m heroin seized

    BY CYrus omBatI

    We hope he will be through with the emission of the pellets before we take him to court

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  • Page 12 / NATIONAL NEWS Wednesday, July 30, 2014 / The Standard

    Thomas Mwadeghu has thanked CORD for his new appointment as the Minority Chief Whip.

    Mwadeghu accepts Minority

    Whip positionMP forced to write to speaker after rumours began doing rounds that he had rejected o er

    A law passed three years ago to ad-dress malnutrition, especially in chil-dren and pregnant mothers is yet to be implemented, a nutrition agency has said.

    The Global Alliance for Improved Nutrition (Gain) Country Manager Adan Kabelo said that Foods, Drugs and Chemical Substances Act of legal notice no 62 passed in 2012, is yet to be enforced. He noted that the organi-sation has been working with the Gov-ernment to boost the level of aware-ness on food fortification benefits and ensure compliance by manufacturers. More than 180 brands have been ap-proved by Kenya Bureau of Standards for fortification but the results are not equivalent to the value of products we have in our markets, he said.

    Statistics from the Ministry of Health indicate that micro-nutrient deficiencies are high among children and women in the country, posing mul-tiple health problems to any society.The deficiencies stand at 48 per cent for women of reproductive age, 55.1 per cent for pregnant women, 69 per cent for children while 31.4 per cent of men and school age boys are anemic.

    Kabelo pointed out that one out of every three children is stunted, a situation that could be addressed if the children are given the need-ed nutrition from the time of con-ception to when they turn two years.Food fortification, among other strat-egies, was identified by the Ministry of Health as a feasible and affordable approach to control the deficiencies.Fortification of commonly consumed foods was began with salt, maize meal, wheat flour, fats and oils on mandato-ry basis, with the law stating that they should be fortified with specified nu-trients set at recommended amounts.To help reduce the relative preva-lence of iron deficiency, anaemia and vitamin A deficiency by one third in children under five years and wom-en of reproductive age, Health Minis-try with financial support from Gain started the Food Fortification Project to scale up food fortification on pro-cessed consumable products.

    Gain recently distributed 20 check test kits worth Sh11 million to some of the food industry players for mea-suring the right amounts of iron and Vitamin A additives in their products after a training session in Nairobi. It will also supply the Government with the kits for monitoring and evaluation in September.

    Malnutrition law yet to be

    e ected

    Kalonzo: Its time to end tribalism, forge unity

    Former Vice President Kalonzo Musyoka has lamented that deep rooted tribalism is undermining ef-forts to promote national cohesion. He said the vice is rampant and that no effort should be spared in order to end it once and for all.

    The ex-VP (left) said that during the 2008 post-election violence, he, through the advice of other political leaders took the decision to join Pres-ident Kibaki so as to stop the blood-

    shed.He also explained why he shelved

    his presidential bid last year to sup-port Raila Odinga. I decided to sup-por Raila because critics thought a Kamba cannot support a Luo and through this, we achieved cohesion, he said.

    The CORD deputy leader was speaking on Monday evening while addressing over 300 hundred Sev-enth Adventist women from Nairo-bi station who paid him a visit at the Kalonzo Musyoka Foundation head-

    quarters in Kileleshwa, Nairobi.The Wiper leader said his pas-

    sion and conviction to see a peaceful nation will continue and urged the women to take led role in address-ing the problems facing this nation.He further took the audience down the memory lane since his joining of politics and how he has managed to work with all political leaders regard-less of their ethnic backgrounds.

    He said unity is paramount and that he will work tirelessly through the foundation to see that it is achieved.

    A Criminal Investigations Department (CID) officer shot himself after killing his wife in a sus-pected love triangle at Kamiti Corner in Nairobi.

    Constable Julius Otieno Kimore, a 44-year-old CID officer based in Taita-Taveta, is said to have picked a quarrel with his wife after suspect-ing her of having an extra-marital affair.

    The woman, identified as Nelius Nduku, 40, was shot dead in Murarandia area.

    Police said he later took his life using a Ceska pistol loaded with 13 bullets, which was found lying next to his body.

    Two spent cartridges were also recovered from the bedroom where the bodies were, of-ficers disclosed.

    The couple had four children and the eldest is said to be 21.

    Their youngest son is 13 and police said three of the children were in the house when the inci-dent took place.

    The woman was a contractor and had al-legedly won a tender worth Sh120 million to sup-ply some materials.

    The family had moved to their new house in March this year.

    Kasarani OCPD Augustine Nthumbi said the officer was off duty and had arrived in Nairobi on Monday from his workstation.

    According to the information we have, the officer had been in a bar with his friends before he arrived home late Monday, said Nthumbi.

    When he arrived home, the children were asleep and did not hear gunshots, police re-

    ports indicate.The lifeless bodies of husband and wife were

    discovered early yesterday morning by the de-ceased house help, Irene Nzeki, who became suspicious after they failed to wake up early as was routine.

    Nzeki looked traumatised as officers carried away the bodies.

    Neighbours said Kimore had suspected his wife of being promiscuous before he came to Nairobi unannounced.

    Witnesses said the couple had on Monday gone to the womans rural home to resolve their differences but it was not clear if the issue was sorted out.

    It was just yesterday (Monday) that the cou-ple went to the womans parents to solve the is-sue of suspicions, but seemingly, the husband

    was dissatisfied, said a neighbour and a friend to Nduku who did not wish to be named.

    It was then that the officer went on a drink-ing spree before returning home.

    Police arrived at the scene several hours af-ter the incident and took the bodies to the mor-tuary.

    We are yet to know the motive of the inci-dent so far but we hope to know more as soon as investigations are complete, said Nairobi po-lice boss Benson Kibue.

    Cases of suicide in the police force are on the rise amid claims that poor pay and deplorable living conditions are the main causes.

    In an attempt to mitigate the problem, po-lice have launched counseling sessions for offi-cers and increased their perks.

    CID o cer murders wife, commits suicide in suspected love triangle

    BY LONAH KIBET

    BY GEOFFREY MOSOKU

    BY IMMACULATE AKELLO AND CYRUS OMBATI

    BY GEOFFREY MOSOKU

    CRACKS IN COALITION

    Wundanyi MP Thomas Mwade-ghu has formally accepted his ap-pointment as the Minority Chief Whip in the National Assembly.

    In a letter written to Minority Leader Francis Nyenze and cop-ied to House Speaker Justin Mutu-ri, Mwadeghu who was appointed to the position by CORD while in India on an official tour, accepted the appointment.

    I wish to express my sincere appreciation to CORD for consid-ering it appropriate to appoint me as the Minority Whip, he stated in the letter dated July 24.

    Mwadeghu said he had autho-rised his personal assistant to liaise with the parliamentary authorities to organise hand over.

    The second term MP was forced to communicate the acceptance af-

    The fallout in CORD started last month when Ruto visited Kwale and Kili counties to preside over high-pro le meetings be-fore President Kenyatta visited Taita Taveta a fortnight ago CORD legislators who have re-mained loyal to the Opposition bitterly attacked their colleagues who have been attending func-tions of the President and his deputy, where they declared their support for the Jubilee

    ter rumours began flying that he had rejected the offer to replace embattled Kilifi North MP Gideon Mungaro who was sacked last week.

    A CORD joint Parliamenta-ry Group (PG) meeting held under the leadership of co-principals Raila Odinga, Kalonzo Musyoka and Moses Wetangula last Tuesday unanimous-ly resolved to drop Mungaro over claims of incompetence and being too close with rival Jubilee coalition.

    Coast MPs were then asked to pick a replacement the following day, but failed to agree after a section of the opposition MPs joined hands with their Jubilee colleagues from the re-gion to reject the sacking.

    The move is said to have irked CORD leaders who ordered that the Speakers office be notified of Mungaros replacement immediately.

    During the joint PG that unani-mously adopted a resolution to kick out Mungaro, a section of Coast MPs fighting the push for a referendum and who have previously declared they would work closely with the Ju-bilee government were put to task.

    Legislators who have remained loyal to the opposition attacked their colleagues who have been attending functions presided by President Uhu-ru Kenyatta and his deputy, William Ruto.

    Supporters of the Kilifi North MP

    have threatened to form their own party ahead of the 2017 general elec-tion in protest.

    Some ODM MPs from the region last week skipped the Iftar (dinner to break the Muslim fast during Ra-madhan) organised by Mombasa

    Governor Ali Hassan Joho, and at-tended by Raila, Wetangula, Senator Hassan Omar, Changamwe MP Omar Mwinyi and his Nyali counterpart Hezron Awiti.

    It was reported that Raila was an-gered by the snub. Joho asked local politicians said have one foot in the Government and another in CORD to quit and seek a fresh mandate if they think they are strong on the ground. Mombasa Senator Hassan Omar said some of his colleagues were living in the past where political patronage and begging for harambees deter-mined development.

  • Page 13NATIONAL NEWS / Wednesday, July 30, 2014 / The Standard

    ByB Kamau muthoni

    Unilever trashes Kephis report on Aromatsaying that the decision was not in accordance with the Constitution. He said the Cabinet did not seek leg-islation of the laws on GMOs from the National Assembly while pass-ing to bar importing and handling the organisms and also did not con-sider Cartagena protocol statute. Ka-mau added that the statute that reg-

    ulates international trade in living GMOs exonerated products contain-ing the organisms from harm. He not-ed that the products cannot regener-ate as they are not active.

    In the case where Unilever Ltd is challenging the removal of Aromat from the market on the basis that it contains GMOs, Kamau told the

    court that the Cabinets decision can-not be law. Laws can only be enact-ed through legislation in the Nation-al Assembly. Aromat cannot affect the environment and has not done so in the 190 countries it has been in the market.

    However, the authority told the court that Cartagena protocol did not

    specify a living organism and non-re-active one. The court heard that the molecules contained in the prod-ucts could be active, thus making the product as dangerous as GMOs. Lenaola said he will deliver his ruling on whether consumers would con-tinue using Aromat on September 12.

    The controversial debate on whether Aromat products are safe for human consumption has taken a new twist. Unilever Ltd has now faulted the report on Aromat relied on by the National Bio Safety Authority to de-clare the product unfit in the country.

    According to Unilevers lawyer Ka-mau Karori, the report by Kenya Plant Health Inspectorate (Kephis) cannot be used to judge if Aromat is fit for hu-man consumption or not as it does not mention the levels of Genetical-ly Modified Organisms (GMOs) con-tained in the product.

    Kamau, in the case before High Court Judge Isaac Lenaola, poked holes in the report, saying its findings did not show any harm caused by Aro-mat to humans or the environment.

    The authority has relied on a re-port by Kephis, which was just a qual-itative one rather than a quantitative one. It cannot therefore purport to act on the report which does not show any harm to humans, flora and fau-na, Kamau said.

    The court heard that the au-thority was acting on a law enact-ed by the Cabinet last year in No-vember, with Unilevers lawyer

    Lawyer says report used to judge whether product is safe is wrong since it does not point out GMO levels

    the authoritBy has relied on a report bBy Kephis, which was just a qualitative one rather than a quantitative one,

    Kamau Karori

    mP calls for audit on school certificates

    ugandan charged with fraud in citBy court

    The Ministry of Education has been urged to facilitate an audit that will help establish the actual number of Kenya National Examination Council certificates yet to be released to candidates. Parliamentary Committee on Education Chairperson Ms Sabina Wanjiru Chege said there is need for heads of both primary and secondary schools to forward the number of academics certificates in their custody. The MP (right) said an audit will help reveal the actual number of certificates being detained due to failure to clear fee balance. Speaking in Gakuyu village in Kigumo Constituency, she observed that some certificates could be detained over indiscipline related incidents.

    A Ugandan national has been charged in court with obtaining money by false pretense. Shaban Hussein Tare was accused that in January at Aga Khan Hospital Nairobi, jointly with others not before the court obtained Sh2.5 million from Abdirizakh Hassan Mohammed by pretending to be in a position to sell him a diamond. The accused denied the charges before Senior Principal Magistrate Elena Nderitu and was released on Sh800,000 cash bail. In the same court, Martin Muiruri Gaki and Gladys Wanjiku Buter were charged with defrauding a motor vehicle client Sh500,000 on June 14. They denied the charges and were released on Sh200,000 cash bail each. The cases will be heard on August 22.

    QuickReads

    HE. Amason Jeffah Kingi,Governor Kilifi County

    welcomes you to Watamu Rugby Festival

    Kilifi County brings rugby to the beach

    COUNTY GOVERNMENT OF KILIFI

  • Page 14 / EDITORIAL Wednesday, July 30, 2014 / The Standard

    Clear roles needed for separation of powers

    The Standard is printed and published by the proprietors,

    THE STANDARD GROUPNewsdesk: 3222111 | Fax: 2213108Email: [email protected]

    Group Managing Editor (Print): Kipkoech Tanui

    Registered at the GPO as a newspaper.

    Leaders should divorce referendum from political rhetoric

    WHAT OTHER MEDIA SAY...

    While giving a public lecture at the University of Nairobi on Monday, the Speaker of the National Assembly, Justin Muturi, decried what he termed an encroachment on the legislature by the Judiciary and called for respect for the principle of separation of powers.

    But is it separation of powers in the letter or spirit of the law?

    There is more than meets the eye in the current standoff between the Executive, the Legislature and the Judiciary.

    In many ways, the Executive and the Legislature have found themselves restricted in their functions by court rul-ings. Yet these courts dont act outside the law.

    In summary, it is not practical to have the three arms of government operating independently of each other. It is an infringement on parliamentary independence for the court to give an injunction stopping Parliament from carrying out its constitutional duty.

    It is also an infringement on Executive powers and au-thority when the court stops a constitutionally appointed tribunal from carrying out its duties.

    It is equally an infringement when Parliament denies the judiciary funding in order to contain it.

    The court cannot arbitrate in a case where it is the ac-cused, because this leaves room for potential miscarriage of justice.

    Here then is where checks and balances, in the form of tribunals come in.

    The law grants Parliament an oversight authority in the enforcement of checks and balances. Unfortunately, the ap-plication of these laws sometimes infringe on individual rights and freedoms. Where the law allows, individuals are free to seek redress from the courts.

    It would be a travesty of justice if the courts decline, such overtures.

    But are courts supposed to disqualify themselves from handling issues that have political connotations without de-claring themselves redundant?

    Parliament has on several occasions encroached on the Executive space, prompting President Uhuru Kenyatta to complain publicly that Parliament was trying to tie him down by challenging his authority on public appointments.

    A rethink of the law to draw clear demarcation lines is therefore necessary to avoid unnecessary friction.

    Banking on the tyranny of numbers in Par-liament that the Jubilee-led Government en-joys, legislator Irungu Kangata, Member of Par-liament for Kiharu, has signaled his intention to introduce a motion in Parliament seeking to have Section 52 of the Elections Act amended to compel initiators of referendums to bear the cost of the entire exercise.

    While Mr Kangatas intention could be no-ble, (saving Sh8 billion from a wobbly econo-my sounds like smart economics) it has a ring of mischief to it.

    It is best to term it an ill-advised, shortsight-ed move that looks at referendums in the con-text of the Government versus the Opposition.

    The move was inspired by the Oppositions call for a referendum after the Government snubbed earlier calls for national dialogue on serious issues affecting the country.

    The prevailing political mood in the coun-try, where the Government and Opposition are trying to score off against each other in inco-herent shouting matches, is the best advocate for referendums.

    Though expensive, referendums are an ex-pression of democracy.

    They form a complementary part of repre-sentative democracy where the people have a direct say in matters that affect their daily lives.

    There are times that decisions cannot be left in the hands of the elected representatives, who, time and again have abandoned the elec-torate in the pursuit of their own personal agendas.

    When governments resort to tyranny and misrule because they enjoy numerical strength in the legislature, allowing MPs to pass unpop-ular legislation as well as lean on the opposi-

    tion, the antidote is the tyranny of the majori-ty which referendums accord the citizenry.

    Any attempts at putting limitations to these freedoms that are enshrined in the Constitu-tion must be resisted.Referendums belong to the people, not indi-vi