STANDARDTHEKenyas Bold NewspaperTuesday, May 27, 2014

No. 29601 www.standardmedia.co.ke KSh60/00 TSh1,500/00 USh2,700/00

By BERNARD SANGA

Kenya Wildlife Service uncovered what is be-lieved to be a multi-billion shillings international syndicate involving the endangered rosewood at the Mombasa Port.

The seizure of 34 containers of the precious timber estimated to be over Sh584 million is a major victory against the rampant logging trade

that threatens to wipe out the species.According to copies of the manifest, the pre-

cious timber was docked and offl oaded as ordi-nary wood from Zanzibar but according to in-telligence sources within KWS rosewood is only grown in Madagascar.

The timber is among the endangered wood protected under the Convention on the Inter-

national Trade in Endangered Species (Cites). KWS offi cials promised to liaise with their coun-terparts in Madagascar to establish whether the consignment had a permit. Rosewood is targeted for making high-price furniture, musical instru-ments, chess pieces and fl ooring.

Uhuru, Raila teams plan parallel showdown rallies

Multi-billion shilling rosewood ring busted at KPA

STANDARD

Security chiefs meet CJ over

terror cases, P.8

Kenya Wildlife Service Coast

Region director Arthur Tudor dis-

plays rosewood timber from

Madagascar in one of the 34 con-

tainers seized at the port in Mom-

basa soon after it was off-loaded from a ship. The

consignment was in transit to Hong Kong from Zanzi-bar and is worth

of millions of shillings. [PHOTO: GIDEON MAUNDU/

STANDARD].

SEE STORY ON PAGE 26 CONTINUED ON PAGE 2

By GEOFFREY MOSOKU

The Opposition and the ruling coalition will test their popularity on Friday with paral-lel rallies in Nairobi.

CORD has planned a rally for the same day to be addressed by its co-Principal Raila Odinga.

This will be a day after launching a mass movement to force out Mr Ahmed Issack Has-san and his team at the electoral commission, and block more payments to Mr Anura Perera, the face of the Anglo Leasing contracts.

According to the Coalition for Reforms and Democracy (CORD), the movement dubbed Okoa Kenya (Save Kenya), will be launched in Mombasa just 24 hours before the coali-tions co-Principal Raila Odinga arrives from the US.

But the ruling Jubilee coalition is wary of the timing of the CORD rally and now plans to mobilise its supporters for a rally at a yet-to-be-decided venue in the heart of the capital on

Ahead of former PMs return, CORD plans for welcome

rally at KICC grounds as Jubilee settles for another one to rival

its opponents

By CYRUS OMBATI

Nairobi Senator Mike Mbuvi Sonko was last evening grilled over gun dra-ma at a city club with Woman Repre-sentative Rachael Shebesh.

Police said they were still expect-ing Shebesh to record her statement at Kilimani Police Station. Shebesh had visited the station on Saturday

evening but did not record her state-ment. Sonko was grilled at his Kenyat-ta International Convention Centre office for hours after he requested the officers to go there instead of him go-ing to the station.

Kilimani CID boss George Ojuka said they are looking for Shebeshs bodyguard for questioning and dis-arming.

The investigations are ongoing and we will take further action with time including charging the individu-als involved in this fracas, said Oju-ka.

COnfROnTATIOnIn a statement, Sonko said the gun

drama erupted over a Sh8.5 million Range Rover he is alleged to have

bought Shebesh a few years ago. Po-lice had summoned the duo and their bodyguards for grilling following the confrontation.

Shebeshs bodyguard was forced to shoot in the air two twice to disperse what he called an angry mob that wanted to attack his boss.

Shebesh could not be reached for comment.

By STAnDARD REPORTER

Kenya Power has said a generation system breakdown at the Coast region caused a major power blackout affect-ing Nairobi, Mount Kenya and Coast regions.

The fault has caused system dis-turbance triggering a power outage affecting most parts of the country ex-cept North Rift and West Kenya (Kisumu, Eldoret and Kitale), Kenya Power said in a statement yesterday.

The companys engineers are working to restore normal supplies in the shortest time possible. Kenya Power regrets the inconvenience to customers, the company said.

Page 2 / NATIONAL NEWS Tuesday, May 27, 2014 / The Standard

Rivals in bid to show their might the same day.

We are meeting today evening (yesterday) to decide on the venue, but I want to assure you that we are not political cowards. We shall hold a major rally for our supporters in Nai-robi on Saturday, National Assembly Majority Leader Adan Duale told The Standard last evening.

He claimed that CORD is planning to spoil the party by raising political temperatures during their rally at KICC, so that Government leaders would be forced to react to their alle-gations during the national day speeches.

President Uhuru Kenyatta, who will officiate his second Madaraka Day, is expected to outline measures to deal with insecurity following ter-ror attacks by suspected Al-Shabaab sympathisers.

Last year, CORD leaders led by Raila skipped the countrys Jubilee (50th) Madaraka Day celebrations.

Duale claimed CORD is planning violence and said security agencies should be fully alert.

It is on record that CORD rallies are marred with violence and incite-ment, security agencies should ready to avert a situation where the rally would affect the peaceful daily lives of Kenyans, Duale alleged.

The title of CORDs movement is themed to resonate with CORDs claim that the Jubilee government is on the wrong path, and must urgent-ly convene a national dialogue confer-ence to tackle the Independent Elec-toral and Boundaries Commission (IEBC), Anglo Leasing payments, ris-ing insecurity and the high cost of liv-ing.

CORDs plan is to receive Raila at the Kenyatta International Conven-

By ISAAC MESO

The National Cohesion and Inte-gration Commission has admitted that it was facing challenges in con-ducting investigations and recom-mending prosecution of individuals believed to propagate hate speech.

NCIC assistant director of the compliant, legal and enforcement de-partment Kyalo Mwengi said the com-mission was being discouraged from fully pursuing individuals accused of propagating hate speech since the af-fected parties were not willing to lodge formal complaints.

The official spoke yesterday when Moses Kuria, Political Analyst and a Pubic Relation Consultant, appeared before the commission over alleged inciting statements made on social media.

We are ready to conduct investi-gations and recommend prosecution of any individual whos speech or statement may be detrimental to na-tional cohesion but currently we are facing the difficulty of taking up mat-ters of ethnic hatred and hate speech because nobody is willing to lodge a formal complaint, said Kyalo.

Mwengi said they had not sum-moned former Vice President Kalonzo Musyoka since the journalist offend-ed by his remark was no longer inter-ested in pursuing the matter.

He said they will only follow up the matter once the journalist files a for-mal complaint.

Kalonzo had declined to answer a question from the journalist, respond-ing instead that his name betrayed it .

Kuria was summoned over a Face-book post concerning terror. He was summoned to appear before the com-mission following his Facebook post that Mwengi noted was a threat to na-tional cohesion as it incited Kenyans against a particular ethnic group.

tion Centre in Nairobi, with the kind of political passion accorded to for-mer Opposition leader Kenneth Mat-iba when he arrived from the United Kingdom in 1991, at the height of the battle for multiparty politics.

Siaya Senator James Orengo and Suna East MP Junet Mohamed trav-elled to Mombasa on Sunday to con-sult with Coast leaders on the rally to be held at either Khadijah or the fa-mous Tononoka grounds.

The Mombasa rally will be preced-ed by one in Nairobis Mathare Con-stituency tomorrow, the third by CORD in Nairobi in the last seven days, as part of the build up to Railas return on Saturday.

CORD appears to be planning be-yond Railas return for mass action last witnessed in the push for consti-tutional reforms in the 1990s.

Yes CORD is planning a rally in

Mombasa. Whether it portends some-thing bigger than just preparing to welcome its leader we cannot tell at this moment. The politicians will make public their intentions at the rally, Junet Mohamed said.

On Saturday, fellow CORD co-principals Kalonzo Musyoka and Bun-goma Senator Moses Wetangula will receive Raila, who is expected to ar-rive in the morning.

Raila and his entourage will ride on an open bus through parts of the city from Outering, Jogoo, Haile Se-lassie and Moi Avenue roads to KICC where he will address his supporters.

We are pleased to go receive our coalition leader who has been away for some time to give us direction. Ke-nya is undergoing serious challenges of insecurity, corruption, high cost of living and poor governance that need urgent solutions, Senate Minority Whip Janet Ongera said.

According to Ongera, CORDs na-tionwide rallies are meant to put pres-sure on the Government to deliver on its pre-election promises.

zERO TOlERAnCEThe cost of living has gone up,

corruption is back and you can see Sh1.4 billion paid to ghosts and an-other Sh3 billion about to be paid in the Anglo Leasing scam even as Ke-nyans suffer and that is what we want to remind Kenyans, she said.

We want to remind Jubilee that they campaigned on the platform of zero tolerance for corruption and re-ducing the cost of living among oth-ers.

Makueni MP Dan Maanzo said the rallies are meant to reinvigorate CORD in the face of criticism by Jubilee that they were asleep, adding that they would use all legal and constitutional means, including peaceful street pro-

Cohesion body facing

hurdles probing incitement

Police probe Sonko for hours following Saturdays gun drama

Kenya Power explains blackout

Continued from P1

tests to drive their point home. We want to show Jubilee that we

are not asleep and are a formidable force that will tell Kenyans where the Government is erroneous and pres-sure it to pull up its socks, Maanzo said.

By yesterday, CORD was asking its supporters to avoid going to the Jomo Kenyatta International Airport to re-ceive the former Prime Minister, but instead wait in town due to the pre-vailing security situation, as only MPs and other dignitaries will be allowed in at the airport.

MOBIlISE SUPPORTERSWe want to give Baba a grand re-

ception befitting a stature of a presi-dent. You will see a sea of humanity in Nairobi on Saturday, said ODMs Nai-robi branch chairman George Alad-wa.

Aladwa, the immediate former Mayor of Nairobi, said CORD had mo-bilised supporters from across the country to throng in the city adding that they will meet by Thursday to fi-nalise the programme.

But Duale said it is too early for CORD to condemn Uhurus govern-ment.

It is not the right time for the Op-position to call for mass action when the country is under attack from the Al-Shabaab militants. Kenyans should be more united now than never, said Duale.

Elgeyo Marakwet Senator Kip-chumba Murkomen called CORD ir-responsible, saying its actions were meant to sabotage Kenyas economy.

People must differentiate be-tween opposing the government of the day and opposing your country. The acts by the Opposition do not demonstrate patriotism for our coun-try, claimed Murkomen.

Aden Duale Kipchumba MurkomenJanet Ongera

BIG BOYS FIGHT CORD and Jubilee will hold separate rallies on Friday CORDs plan is to receive Raila at the Kenyatta International Convention Centre in Nairobi, with the kind of political pas-sion accorded to former op-position leader Kenneth Mat-iba when he arrived from the United Kingdom in 1991, at the height of the battle for multi-party politics On Saturday, fellow CORD co-principals Kalonzo Musyoka and Bungoma Senator Moses Wetangula will receive Raila, who is expected to arrive in the morning

It is on record that CORD rallies are marred with violence and incitement, security agencies should ready to avert a situation where the rally would affect the peaceful daily lives of Kenyans

They now want court to set him free on a technicality, arguing Scotland Yard illegally co-operated in probe

Man convicted of tourist kidnap in 2011 innocent, UK activists say

By WILLIS OKETCH

Claims have emerged that a man on death row for kidnap of a British woman and murder of her husband in 2011 may have been wrongfully convict-ed by a Lamu court.

Human rights activists in UK claim that Ali Babito Kololo, who was sentenced to hang by a Lamu court last year, could be the wrong suspect. They are now challenging the conviction in British court.

The UK activists want the court to set him free on a technicality, arguing that Scotland Yard illegally cooper-ated in an investigation and trial leading to the death penalty.

WRONG SUSPECTAccording to Daily Mail on

Sunday, the activists say Scotland Yard detectives who investigated Kololos involve-ment in the killing of David Tebbutt and kidnap of his wife Judith on September 10, 2011, wrongfully linked him to the crime.

Kololo had no lawyer for most of his trial in Lamu and was sentenced to hang on July 29, last year.

He has appealed against the sentence and the case is

pending before the Court of Appeal in Malindi.

The conviction is deemed so unsafe, it faces a High Court challenge in London, led by Lord Macdonald, a former director of public prosecu-tions, reported the Daily Mail on Sunday.

According to the newspa-per, the action brought by a human rights charity wants the court in UK to rule that the involvement of UK authorities was unlawful because Kololos trial was an abuse of natural justice. And because he faced death sentence, it was also a

breach of guidelines that say British police may only offer limited assistance when a suspect faces such punish-ment.

The case is set for hearing in a UK high court on June 4.

DEATH SENTENCEThe Daily Mail on Sunday

quoted Maya Foa saying thus: I fail to see what assurances they can have been given when he was facing what amounted to a mandatory death sentence, and a farce of a trial.

Judith, who was kidnapped by pirates during a raid at a

hotel in Kiwayu and her husband killed, said in Kololos trial via video link that she never saw Kololo during the attack, according to the newspaper.

She said she could only remember that her husband David turned off the lights and got into bed.

Then, she eventually told detectives, they held hands as they drifted off to sleep. Three hours later, her nightmare began.

Judith was set free from captivity after close to a year in Somalia.

Ali Babito Kololo, a former worker at Ki-wayu Safari Lodge, being led to court last year during the hearing of his case. He was sentenced to hang after being found guilty of abduction in which British tourist David Tebbutt was killed and his wife Judith taken to Somalia. [PHOTO: MAARUFU MOHAMED/STANDARD]

The kidnap sparked Kenyas invasion of Somalia in October 2011.

The accused, who was tried for 16 months, declared he had been subjected to a sham trial and proclaimed his innocence as the sentence was read out and translated to him from English to Kiswahili.

The magistrate declared that: After a careful consider-ation of the evidence, I have found that the accused was responsible for the crime of murder and kidnap meted against the couple, referring to the kidnap by suspected Al-Shabaab militants.

I hereby sentence him to hang, fi rst for robbery with violence as prescribed by the law, and sentence him to serve another seven years in jail for the crime of abduction, the magistrate declared after rejecting his defence that he was also a victim of abduction.

Kololo, who was unrepre-sented for most of the trial, never stepped out of jail after his arrest as he was unable to raise a Sh1 million bond.

UNFAIR TRIAL I am innocent and this trial

was unfair. You are the judge but I have been oppressed. We shall all die, declared Kololo, who was shocked and de-pressed by the sentence.

The kidnap brought the tourism industry to its knees and forced the US and Europe-an Union to issue travel advisories.

The magistrate said Kololo was positively identifi ed and rejected his defence that he was forced by the abductors to lead them to the Kiwayu Safari Lodge where the crime took place.

The accuseds defence that he was also a victim of the abduction does not hold water, said the magistrate.

Speaking after the verdict, Kololo said I do not harbour any bitterness against the magistrate and I surrender my fate to the Almighty God.

The magistrate said Kololo knew the scene of the crime well and other hotel workers positively identifi ed him soon after his arrest.

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Tuesday, May 27, 2014 / The StandardPage 4 / NATIONAL NEWS

By TITUS TOO

Deputy President William Ruto and National Assembly Majority Leader Aden Duale, who also belongs to the United Republican Party (URP) are in the crosshairs of disgruntled Rift Valley MPs.

Mr Rutos situation was triggered by his defense of besieged Devolution Cabinet Secretary Anne Waiguru while Mr Duale waded into trouble when he made disparaging remarks against controversial Nandi Hills MP Alfred Keter.

Rutos statement that he and President Uhuru Kenyatta were re-sponsible for recent changes at the National Youth Service (NYS), which have sparked a storm because of the removal of Kiplimo Rugut as director, has apparently done little to calm the rising tide.

Duale, who was nominated by Rutos URP for the leadership post in the House, has infuriated fellow party lawmakers for belittling remarks tar-geted at Mr Keter.

Yesterday, MPs who spoke to The Standard said it was disrespectful of Duale to refer to his fellow MP as

bubu (dumb). Duale had said that Keter, who has become too critical of the ruling coalition at public rallies, avoided debates in Parliament.

The MPs asked Duale to apologise to the Nandi Hills electorate and their MP for the remarks he made in Ker-icho during a function that was also attended by Ruto.

The MPs Julius Melly (Tinderet), Elijah Lagat (Chesumei), Stephen Bitok (Mosop), Zakayo Cheruiyot (Kuresoi South), Alex Kosgei (Emg-wen) and William Kisang (Marakwet West) told Duale off for disrespect-ing them.

But Bowen Kangogo (Marakwet East) said Duale had nothing to apologise for, arguing that it was Keter who should seek forgiveness from the Jubilee coalition for being disrespectful to the Government.

Mr Cheruiyot accused Duale of disrespecting Kalenjin leaders. Du-ale should understand Kalenjin poli-tics are dynamic and stop playing games, he insisted.

reSpecT leaderSMr Lagat warned: Duale should

talk to us with respect not with con-tempt and insults. Every leader de-serves to be respected. Nobody should accuse us when we speak the truth. Duale is not a roll-call keeper in Parliament. Keter has made contri-butions.

Referring to the recent crackdown on terrorism, Mr Melly argued, Kalenjin leaders are not dumb and we will not be stopped from raising

By FaITH rONOH

A section of Rift Valley resi-dents have differed with Dep-uty President William Ruto over his remarks on the trans-fer of Kiplimo Rugut as the National Youth Service (NYC) director.

On Saturday, the DP, said President Uhuru Kenyatta and himself should take responsi-bility over Mr Ruguts transfer and leaders should not blame Devolution Cabinet Secretary Anne Waiguru.

But yesterday, residents from his political bedrock took to Kass FMs Lee Nee Emet morning show and lashed on the DP for what they termed as outright betrayal, of the Kalenjin community.

We thought the DP was not aware of what was happen-ing but we were shocked to hear him saying he was among those who made the decision, Tecla Rono from Uasin Gishu County said.

Another caller accused Ruto of failing to: stand by the very people who mentored and fi-nally brought him to power.

The listeners hit out on Na-tional Assembly Majority Leader Adan Duale for insinu-ating that the vernacular radio station was being used to di-vide members of URP.

Abel Rop insisted that Mr Duale must apologise to the radio station as well as the Kalenjin as soon as possible.

If Duale has an interpreter then he must know that what-ever is discussed in this pro-gram is not in any way hate speech or is meant to divide this (Kalenjin) community. We are one, Mr Rop said.

The residents further thanked outspoken Nandi Hills MP Alfred Keter for speaking his mind and urged him to continue pointing out what he feels is not right in the party.

However, in a bid to quell down the angry residents, po-litical adviser in the office of the President, Joshua Kuttuny, sent a text message to the sta-tion saying: I stand with all Kass FM fans on any allega-tions labelled against them. We hope Kalenjin leaders will find time to iron out their differ-ences.

DP defence on Waiguru stirs debate in region

concerns touching on our people. When Duales people had problems recently, he came out strongly and nobody accused him.

Melly said Duale was insensitive towards Keter, the electorate and people with disabilities, and should apologise. As an independent leader, I did not like the remark by Duale. He stooped too low, Melly said, adding that Ms Waigurus impeachment pro-cess was going on.

Waiguru is in trouble with MPs over the NYS replacement with Nel-

son Githinji as Director General.The Deputy President has de-

fended Waiguru, asking the report-edly more than 100 MPs who have signed a petition for the censure Mo-tion against the CS to stop targeting junior people and take him and the President head on.

But Rutos remarks have not gone down well with leaders from the re-gion and were the subject of a popular regional radio talk show.

Yesterday, Cheruiyot questioned why Ruto told MPs off over the issue. When you say you are in Govern-ment, who are your trusted lieuten-ants? You have a small window to re-consider your political leadership style, Cheruiyot warned.

Cheruiyot challenged the DP to come out clean on the issues raised by the MPs if he intends to maintain support from the community.

You cannot tell Kalenjin MPs to stop asking questions. Those are petty intrigues and will lead us no-where, Cheruiyot said adding: If Ruto was sent by the President to Kericho for damage-control, then its wrong.

Mr Songok said the electorate in Nandi Hills elected Keter to represent them in the National Assembly and it was therefore regrettable that Duale

made disrespectful remarks against him.

Mr Bitok said every elected leader has a right to express his or her opin-ion about what is happening but emphasised that politicians should respect one another.

We should be moderate in how we handle issues so that we dont cause disunity. We need to sit and solve issues in a friendly environment as leaders, he said.

Bitok said the dispute should be handled amicably and challenged URP leaders to protect the party and the Deputy President as their party leader.

Bomet Governor Isaac Ruto asked URP to call an urgent meeting to sort out issues that are threatening to tear the party apart. I want to ask URP to call a meeting urgently so that we can sort out issues affecting it at the mo-ment if it wants to stay on as a party and see tomorrow.

He added: Everyone is free to speak his or her mind and some URP leaders should stop their harassment and chest-thumping.

Additional reporting by Patrick

Kibet and Gilbert Kimutai

duale claim on keter Duale had claimed Keter makes no contribution on seri-ous issues in Parliament. Aki-ambiwa kuna hoja kali bun-geni, huyu mtu anaitwa Alfred Keter ni bubu, anajificha kwa choo (When told there is a seri-ous debate in Parliament, this person called Alfred Keter is dumb; he hides in the toilet) Alfred Keter is just being used by those against the Gov-ernment to give the Jubilee administration trouble

Alfred Keter: We were elected as leaders and we have the right to speak on issues of concern and raise questions where neces-sary

Julius Melly: Kalenjin lead-ers are not dumb and we will not be stopped from raising concerns touching on our people

Zakayo Cheruiyot: You cannot tell Kalenjin MPs to stop asking questions. Those are petty intrigues and will lead us nowhere

Isaac Ruto: Everyone is free to speak his or her mind and some URP lead-ers should stop their ha-rassment and chest-thumping

Ruto, Duale under fire from

Rift leadersThey accuse the two of belittling MPs who criticise Jubilee government on important issues

Page 5Tuesday, May 27, 2014 / The Standard

Principal Secretary Ministry of Sports, Culture and the ArtsP.O. Box 49849-00100, Nairobi, Kenya

For more information visit www.kenyamambopoa.com

For more information Kenya Mambo Poa @KenyaMamboPoaWebsite: www.kenyamambopoa.com E-Mail: info@kenyamambopoa.com Kenya Mambo Poa @KenyaMamboPoa Kenya Mambo Poa @KenyaMamboPoa

Smithsonian Folklife Festival

Kenya Mambo Poa!25th June to 6th July, 2014WASHINGTON DC

KENYA MAMBO POA! KEEP OFF OUR ELEPHANTS ICONIC CENTRE PIECE FLAG OFFKisii, Kenya - 26th May 2014: The Ministry of Sports, Culture and The Arts and the Deputy Governor of Kisii County agged off the centre piece that will be showcased at the grounds of the Kenya Mambo Poa at the Smithsonian Folklife Festival in Washington D.C. It is a tradition that each country featured at the festival develops a work of art that acts as the centrepiece of the countrys exhibition. Kenyan soapstone carver Elkana Ongesa, has curved the 10 tonne Sculpture with the strong message, keep off our elephants. The center piece is arriving in Nairobi on Wednesday May 28, 2014 and it will be handed over to the Nairobi County Governor and senior Ministry of cials by Kisii County Governor to be airlifted to Washington DC.

The 48th annual Smithsonian Folklife Festival will be featuring presentations and performances from Kenya starting on 25th June to 6th July 2014. The Program is titled Kenya Mambo Poa! and it will present the ways in which the people of Kenya are balancing protection of their valued cultural and natural heritage with the challenges and opportunities for change in the twenty- rst century.

Kenya Mambo Poa! will be a massive showcase featuring Kenyas uniqueness as a nation of diverse people; displaying the complex con uence of prehistoric culture, modern traditions, cultural expressions, art, technology, sports, work, culture and habitats.

All this will increase Kenyas visibility by making it top of mind-choice for tourists and investors.

Caring Elephant in wood Our Wealth in wood Prophet at The National Museum

Enyamchera(Bird of Peace)1978 UNESCO Hdqs. Paris. Soapstone

Dancing Birds, 2010 in Kisii granite.Visit by schools to view the 30-ton gift for the people of Kenya &

America

Other famous sculptures by Elkana Ongesa in Kenya and overseasp

Elkana Ongesa is a soapstone sculptor. His philosophy is, Art is the Bond between Humanity, Nature, and The Creator, God. Through art he tries to appreciate and share what God has already made perfect. He borrows and uses them to tell his story of where he has been, where he is and each new piece he makes is a revelation of the long journey a head, ever unfi nished, tune to eternity. Ongesa is one of the most admired and prolifi c contributors to art in Kenya, having taught art in several schools and Colleges in Kenya and currently a freelance Fine Artist

Sports Ministry and Kisii County Offi cials fl agging off the centrepiece in Kisii

Tuesday, May 27, 2014 / The StandardPage 6 / NATIONAL NEWS

By GATONYE GATHURA

Widowed women may soon be able to donate their late spouses bodies or organs to research institu-tions if they die without writing a will.

In addition, it may soon be lawful for one to receive payment for the trouble of donating a body organ to another party.

The proposal also makes it legal for the Cabinet Secretary to donate unclaimed bodies or parts of bodies to research and training institutions or medical use.

The controversial proposals are part of the new Health Bill 2014. It says that in the absence of a will indi-cating how the body should be dis-posed of when the person dies, close relatives, number one being the wife, will have the right to donate the body for research, training or replacement purposes.

Although the Bill makes it clear

there should be no commercial har-vesting body organs, it allows a donor to be paid for unspecified costs and the trouble involved in the exercise.

The Billl does not say the amounts that would be involved, but suggests donors could be legally compensated for things like transport costs or time away from gainful employment.

This open-ended clause may be interpreted to mean surrogate moth-ers would be able to claim for pay-ments, and even resort to court for arbitration in case of a dispute. This could also be true for other organ donations.

It is an offence for a person who has donated organ to receive any form of financial or other reward for such donation, except for the reim-bursement of reasonable costs in-curred in the donation exercise, says the proposed law.

Just to make sure poor people are not lured to backstreet clinics to have their organs harvested for money, the Act says such an operation can only be carried out in a duly licensed facil-ity by qualified medical personnel.

However, any expert authorised to harvest an organ cannot be the lead doctor in the transplant of the same to another individual.

This is expected to check unscru-pulous medical workers becoming middlemen in a possible body parts trade. It is possible to create a false

By GATONYE GATHURA

The long-awaited Health Bill has finally been drafted, with proposals to retain old structures, create many new plum jobs while keeping most of the power in Nairobi.

The draft Health Bill 2014, finalised on Friday, proposes the establishment of a powerful post of the Director General of Health, a raft of new direc-torates at the headquarters and the creation of more than seven new agencies.

The draft also proposes the estab-lishment of the Kenya Health Service Commission (KHSC).

The creation of such a commis-sion, similar to the Teachers Service Commission, has been one of the major demands by health workers during their recent strikes.

Early in the year, Devolution Cabi-net Secretary Anne Waiguru had said this was non-negotiable as it would be unconstitutional.

A report prepared in January by the Health Professionals and Health Stakeholders Consultative Forum for input into the proposed law, had also advised against the creation of such a commission.

mAkE REcOmmENdATiONsThe proposed draft says the com-

mission, to be established through an act of Parliament, would be respon-sible for the recruitment, promotion and assignment of health workers in public hospitals.

The commission shall have all the powers necessary for the performance of its functions, reads the draft signed by Health Cabinet Secretary James Macharia.

In any case the commission, it is indicated, can only make recommen-dations to the national and county public service commissions and, the Salaries and Remuneration Commis-sion. The proposed commission has a singular function of advisory role. Therefore, the commission will be ineffective, said the stakeholders forum.

The Bill proposes the establish-ment of a Kenya Health Professions Oversight Authority, which in an ear-lier proposal was supposed to collapse more than eight professional bodies into one. For a long time, investors in the sector have complained of the many regulatory bodies they have had to deal with and wanted them re-duced.

For example, currently a pharmacy or hospital has to deal with inspectors from as many as seven different regu-latory agencies: the nurses council, the dentist or pharmacy boards, the radiation board, the nutrition council and several others.

The new draft proposes to retain all the current seven regulatory agen-cies but also create a new entity to oversee all the others.

The draft also proposes creation of the Kenya National Blood Transfusion Service as well as the National Re-search for Health Committee. Further good news for top medical profes-sionals especially in Nairobi, is the creation of a single body for the regu-lation of health products and tech-nologies.

demand as happens with the lucra-tive market of C-section births, says Mr Abote Akoko, a lab technician in Kisumu.

Breaking the law would attract a

jail term of five years and a fine a mil-lion shillings or both. The Bill also allows the Cabinet Secretary for Health to draft more laws defining the type of facilities that can harvest or transplant body organs in the coun-try.

A boon for the many medical training institutions coming up is a suggestion that people who are com-petent to make a will can donate their bodies or specified parts to be used for research, training or other medi-cal purposes after their death. Such a will can be made in writing or ver-bally in front of witnesses, but the donor must specify to which institu-tion the donation is being made.

Also for the first time the country attempts to legally address the emerg-ing issue of ethical use of stem cell research.

clONE HUmAN BEiNGIn a chapter that proposes to re-

peal the current Human Tissue Act, the words stem cell research for the first time are introduced in to Kenyas legal lexicon. Anyone wishing to carry out such research in Kenya would have to get express permission from the Cabinet Secretary for Health as well as the person donating the cells.

In the chapter, which seems to give most of the powers to the Cabi-net Secretary, no person can clone another human being without the written permission of the CS.

One provision that could put CS Macharia on a collision course with genetically modified food (GMO) lob-byists and companies says that no person shall be allowed to manipu-late any genetic code, including that from human tissue. This could be used to block genetic manipulation of crops to, for instance, produce disease-resistant or high-yielding varieties.

Kenya is already under pressure to lift the ban on GMOs placed in 2012 and the Health ministry largely de-pends on US funding for its programmes.

In March, a posting on the minis-trys website asked Kenyans to send it their views on GMOs to be included in new legislation for the sector.

What Bill says on body parts donationThough proposal warns on commercial harvesting, it allows donation for research and proposes payment

Seven health agencies in

proposed law

Ministry drafts new law to change sectorHEALTH REFORM

The Bill says in the absence of a will indicating how the body should be dis-posed of when the person dies, close relatives will have the right to donate the body for research, training or replacement purposes. [PHOTO: FILE/STANDARD]

>>Other storiesinsideAs mideast trip nears end, Pope navigates minefield of symbols

p49

NATIONAL NEWS / Page 7Tuesday, May 27, 2014 / The Standard

Medics who turn patients away face jail termBill drafted by Health ministry proposes that emergency cases be handled regardless of patients ability to pay

been met with strong resistance from the private sector wanting it accom-panied by a clause explaining who ex-actly will be meeting the cost of treat-ing such people.

With the increasing number of armed robberies, terrorism, general

By GATONYE GATHURA

Any health worker or hospital which turns away a patient on emer-gency visit may be inviting hefty pen-alties in fines and even jail time.

A proposed Bill drafted by the Health ministry and which has par-tially been a cause of recent strikes, wants it made mandatory that all emergency cases be attended to im-mediately regardless of a patients ability to pay.

The Health Bill 2014 proposes that any health service provider who turns away a patient on emergency visit be fined or sent to jail.

Any clinician who fails to provide emergency medical treatment while having the ability to do so commits an offence and is liable upon conviction to a fine not exceeding Sh1 million or imprisonment for a period not ex-ceeding 12 months or both, proposes the Bill. The proposal also includes in-stitutions which are to be fined about Sh3 million.

In the past, this suggestion has

violence and backstreet abortions, the Health Professionals and Health Stakeholders Consultative Forum said health emergencies are on the rise and require a rational approach.

The forum, which includes players from faith-based organisations and private health providers, had advised the drafters of the Bill to propose the establishment of an Emergency Med-ical Services Fund.

Such a fund, the forum said, would reimburse costs to private facilities

which render services during emer-gencies.

Without such or a similar mecha-nism to reimburse private facilities, then the forum said the good inten-tions of the punitive law would only fall flat on their faces.

The draft Bill suggests the estab-lishment of an emergency medical treatment fund to provide for what it says are unforeseen situations. It how-ever is non-committal on whether the same would be used to reimburse the

private sector for emergency cases treated. The Health Bill 2014 also be-comes the first legal document to spell out the details of who, where and under what circumstances in Kenya a procedure to terminate a pregnancy can be performed.

A trained medical officer, nurse, midwife or a clinical officer with skills to carry out an abortion will be legal-ly covered by the suggested Bill to car-ry out the procedure if they have a val-id practicing licence.

fREE mATERNiTYThe Bill, which gives Parliament

another chance to have a go at the controversial abortion debate, would also require that public hospitals ac-quire minimal infrastructure and hu-man skills that allow for deserving women to get abortions as well as post-abortion services.

These suggestions seem to contra-dict the recent action by the Health ministry to suspend national guide-lines for abortion services sent earlier to all health workers.

In December the ministry, under pressure from pro-life groups, sus-pended the guidelines for what the Director of Medical Services Dr Fran-cis Kimani said is to allow for further consultations.

Conspicuously absent is any men-tion of whether the free maternity policy adopted by the Government last year would be ingrained in the le-gal document.

THE CONTROVERSY In the past, this suggestion has been met strong resis-tance from the private sector wanting it accompanied by a clause explaining who exactly will foot the cost of treating such people The Health Professionals and Health Stakeholders Con-sultative Forum proposed the setting up of an Emergency Medical Services Fund which would reimburse costs to pri-vate facilities which render services during emergencies

The Ministry of Health has drafted a Bill proposing that any health worker who fails to attend to an emergency case should pay a fine not exceeding Sh1 mil-lion, be jailed or both. [PHOTO: FILE/STANDARD]

Ministry drafts new law to change sector HEALTH REFORM

Tuesday, May 27, 2014 / The Standard

By CYRUS OMBATI

The Judiciary and some members of National Security Council (NSC) met last evening to discuss violent crimes, terrorism and administration of justice.

A statement from the Judiciary said Chief Justice Willy Mutunga was to host top leadership of key security organs as well as the Director of Pub-lic Prosecutions for a meeting at the Supreme Court.

The meeting is preliminary to the two-day conference for judicial offi-cers, security officials and experts to discuss counter-terrorism in the con-text of the Constitution and interna-tional human rights law, the state-ment read in part.

Interior Co-ordination Cabinet Secretary Joseph ole Lenku, Inspector General of Police David Kimaiyo, the Director-General of the National In-telligence Service Michael Gichangi, and the Chief of the Kenya Defence Forces Julius Karangi were also ex-pected to attend the 5pm meeting.

CJ hosts counter-terrorism meetingFollow-up forum to discuss security responses within context of Constitution and international human rights law

Another meeting is scheduled for Thursday to discuss appropriate se-curity responses within the context of the Constitution and international human rights law.

Officials said the meeting aims to explore international human rights and counter-terrorism, which some-times seem to be at cross-purposes, and demonstrate that they should be properly viewed as complementary as envisaged by the Constitution.

This followed a request by the Chief Justice in April who wanted a meeting between the Judiciary and the NSC at the Judiciary Training In-stitute (JTI) in Nairobi.

The request came at a time when Deputy President William Ruto seemed to blame the Judiciary for some of the terror attacks in the coun-try after magistrates and judges re-leased terror suspects on bond.

In a letter to Interior Co-ordina-tion Principal Secretary Mutea Iringo, the Chief Registrar of the Judiciary Anne Amadi said the proposed meet-ing should exclude both the President and his deputy and is aimed at dis-cussing the interface between nation-al security and the administration of justice.

The Judiciary believes that the discharge of its constitutional man-date is better served by a greater un-derstanding of the broader social con-text within which it operates, the statement partly reads.

This is what informs Judiciarys constant engagements with govern-ment agencies, business, civil society

Adan Mohamed alias Haro Kare at the Milimani Law Courts yesterday where he was charged with being in possession of electronic photographs intended for instigating a terrorist activity. [PHOTO: FIDELIS KABUNYI/STANDARD]

By RAWLINGS OTIENO

A union for civil servants has vowed to protect 52 officials interdicted by In-terior Cabinet Secretary Joseph ole Lenku.

Union of Kenya Civil Servants (UKCS) castigated the move to interdict officers over the recent killer brew that claimed the lives of 86 people.

The union, instead told Lenku to take political responsibility and re-sign and demanded the interdicted officers be reinstated with immediate effect.

The interdiction was irregular and an abuse of fundamental human rights. How do you interdict a police officer in Embu or Kiambu for a lethal drink that was packed in Nairobi. It is Lenku and John Mututho who should have taken political responsibility, said Tom Ode-ge, the unions secretary general.

The union said it had filed a petition in court and would make sure that the interdicted civil servants do not lose their jobs.

The union said the Kenya Bureau of Standards should have first been inves-tigated as the lethal drink had its trade-mark quality.

The interdicted officers included two CEOs, deputy county commission-ers, OCPDs and heads of intelligence in five counties most affected by the killer brew.

Union tells off CS over action on 52 officers

and academia mostly through the mediation of the Judiciary Training Institute, it continues.

Amadi said it is important for judi-cial officers to understand the imper-atives and challenges of the national security and the proposed meeting will afford the other two arms of gov-ernment an invaluable forum to share

perspectives on the critical issue in public interest.

The letter was copied to Cabinet Secretaries for Interior, Defence, For-eign Affairs, Chief of Defence Forces, National Intelligence Service, AG Githu Muigai, IG, Head of Public Ser-vice Joseph Kinyua and Director of JTI Joel Ngugi.

Page 8 / NATIONAL NEWS

Page 9Tuesday, May 27, 2014 / The Standard

Page 10 / NATIONAL NEWS Tuesday, May 27, 2014 / The Standard

Terror blast suspects

denied bailBY FRED MAKANA

A Nairobi court has been asked not to release on bond two men suspected to be behind the ter-rorist attack at Pangani Police Sta-tion over a month ago.

The court informed Chief Magistrate Hannah Ndungu that Abukar Mohamed and Omar Ab-dullahi who allegedly obtained registration by false pretenses two years ago are said to have com-municated with the terrorists be-hind the incident, which claimed two police officers.

Prosecutor Eddie Kadebe, op-posing the release of the two on bond, asked the court to take ju-dicial notice of the recent spate of terror attacks that have caused deaths and maimed thousands of innocent Kenyans.

He further said investigations by Anti-Terrorism Police Unit show that there was a link be-tween the two and the events that led to the Pangani blast.

Police investigations into the Pangani incident indicate that the accused through mobile phone communication were in contact with those who carried out the at-tack, Mr Kadebe said.

juMp BAilThe prosecutor urged the

court not to release the accused on bond, saying they are a threat to witnesses and the ongoing in-vestigations.

He noted that the grounds highlighted in the affidavit by the investigating officer Emmanuel Tinega are enough to warrant the court to deny the accused bail.

He said once the accused are out, they are likely to execute such attacks or interfere with prosecu-tion witnesses. Kadebe also told the court that the accused were likely to jump bail to escape the harsh penalty pronounced upon conviction.

He said the prosecution is will-ing to have the trial of the two ex-pedited and concluded in the shortest time possible.

According to the charge sheet produced in court, Mr Mohamed was accused that on April 13, 2012 at the Registrar of Persons office in Wajir Central, he willfully and by false pretense procured regis-tration as a Kenyan, which en-abled him to obtain an identity card.

Governors visitKajiado

Governor David Nkedianye (left)

with Kiprono Kittony, the

Kenya National Chamber of

Commerce and Industry

chairman (centre) when he visited the

governor in his office over the

weekend. Looking on is

County Executive in

charge of Industrialisa-tion Florence

Mutua. [PHOTO: PeTersOn giTHaiga/

sTanDarD]

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

Duale calls for discussion around

gender equity

BY MAuREEN ABWAO and jOSpHAT THiONGO

The National Assembly Majority

Leader Aden Duale has asked Mem-bers of Parliament and the public to start discussions around the imple-mentation of the two-thirds gender equity rule.

The constitutional principle pro-vides that not more than two-thirds of the members of elective public bodies shall be of the same gender.

Majority Leader says Parliament will be considered unconstitutional in 2017 if rule is not reflected

Duale on two-thirDs genDer rule The constitutional principle provides that not more than two-thirds of the members of elec-tive public bodies shall be of the same gender Parliament, National Assembly and Senate, will be considered unconstitutional after the next General Election if the membership of both Houses does not reflect the requirement Kenya has made significant strides towards achieving gender equity and inclusion in its legislation Political leadership is the main problem, not-ing that key decisions lay with the politicians

Parliament, National Assembly and Senate, will be considered uncon-stitutional after the next General Elec-tion if the membership of both Hous-es does not reflect the requirement.

In December last year, the Su-preme Court ruled that the two-thirds gender principle should be imple-mented progressively. It added that a roadmap for enforcement should be in place by August 2015.

Failure to have the law in place will see the 2017 Parliament termed as un-constitutional. The landmark ruling then provided that the current Na-tional Assembly and Senate will not be illegal if it had less than one-third of women.

Yesterday, Mr Duale said: We need to have discussions on the same as members of the National Assembly and the public so that we can have equal representation in terms of the number of women in authority and also in terms of those who are consid-

BY KipCHuMBA KEMEi

The Kenya Wildlife Service (KWS) and the management of Tanzania National Park (Tanapa) have introduced anti-poaching lessons in 10 secondary schools bordering Maasai Mara National Reserve and Serengeti National Park.

The lessons that will later be included in the teaching curriculums to sensitise communities neighbouring the two wild-life sanctuaries on the importance of con-serving the wildlife.

Officials said the students will in return reach out to their communities and edu-

cate them on issues of wildlife conserva-tion to curb poaching and expose those behind the menace.

We decided to introduce lessons on wildlife conservation to these schools to sensitise communities that neighbour Mara and Serengeti parks on the need to end poaching. The students will visit vil-lages to educate locals on the dangers posed by the menace, said Nick Murero, the Mara-Serengeti Ecosystem Coordina-tor. Students from Moi Naikara, Olchekut Supat, Aitong, Siria Boys and Siria Girls on the Kenya side and Machochwe, Kisangu-ra, Ikoma, Natta and Nagusi in Tanzania

will benefit from the exchange pro-gramme.

Mr Murero said KWS personnel would visit all the schools on the Kenya side to teach conservation lessons while officials from Tanapa will do so in their jurisdic-tion, adding that the lessons have already started in Siria Boys and Siria Girls.

The lessons that will cover all aspects of conservation will take five months. The two countries decided to start this on re-alisation that poaching has the potential of killing the multibillion tourism industry that is a major foreign exchange earner for the two countries, he said.

BY CAROliNE RWENji

The State has been ordered to pay Sh200,000 in damages to a victim of police brutality.

Joseph Njoroge will be paid the money after High Court Judge Justice David Majanja found that his rights were violated.

Mr Njoroge told the court that he was arrested alongside three of his friends while on their way home from a cafe at around 9pm on March 11, this year.

On the way, he said, they met four men who ordered them to stop, to which order they com-plied.

They realised they were police officers as two of them had rifles. They were handcuffed and on asking the reason for the arrest, one of the officers started beating him.

When I asked why we were under arrest one of the officers started beating me while telling me not to instruct him on how to do his job, he said.

Police abuse victim gets Sh200,000

ered marginalised. Speaking during a forum organised

by the Kenya Alliance of Resident As-sociations (Kara), Duale said there cannot be equality without equity.

Rwanda as a country is growing socially, politically and economically because they have been able to main-stream the gender equality issue in their national policies, he said.

He pointed out that Kenya has made significant strides towards achieving gender equity and inclu-sion in its legislation.

Kenya has had its share of chal-lenges in terms of gender issues. The systems in place have been tilted in favour of men thus discriminating against women, youth and the dis-abled, said Duale.

Duale cited political leadership as being the major problem noting that key decisions lay with the politicians, majority of whom are men.

Chairperson of the National Gen-

der and Equality Commission Winnie Lichuma noted that the gender equity issue has been observed in some quarters.

In the National Assembly and the Senate, gender equality has been ad-dressed but the threshold of the two-thirds majority rule has not yet been achieved, she said.

On the appointments of women as parastatal heads, Ms Lichuma said there should be inclusion of more women as currently there are only two women parastatal heads out of the 36 posts available.

Statistics from the commission shows that the number of persons with disabilities has also increased by nine in National Assembly.

Anti-poaching lessons introduced in schools

Tuesday, May 27, 2014 / The Standard NATIONAL NEWS / Page 11

Hope as 300 tourists arrive in Mombasa

Two KDF soldiers killed in Al-Shabaab ambush

By STANDARD TEAM

Armed militants suspected to have crossed from Somalia have killed two Kenyan soldiers during a night raid deep inside the Kenyan territory in Lamu.

This has raised fresh fears over the effectiveness of Kenyas counter-ter-rorism operations in Somalia.

The soldiers are missing following Sundays attack on a truck as it was heading to deliver supplies to Kenyan forces stationed at Ras Kamboni in-side Somalia.

It is unclear if they were abducted or got lost in the nearby Dondori for-est where the attackers are believed to have fled and are possibly still holed.

A statement from the Kenya De-fence Forces headquarters did not ac-knowledge deaths on its side.

Last night (Sunday) KDF soldiers operating in Kiunga flagged down a vehicle. But its occupants instead opened fire. Our soldiers retaliated, killing one of the shooters. KDF is in hot pursuit of the other assailants who fled following the shootout, read part of a statement yesterday. But lo-

By PHILIP MWAKIO

Two airplanes with close to 300 tourists from Western Eu-rope landed at Mombasas Moi International Airport (MIA) early yesterday, a gesture hailed by stakeholders as a sign of un-dying faith in Kenyas tourist destinations.

One of the worlds leading leisure airlines, Condor, has announced it will increase its flight rotations to the Momba-sa airport beginning end of Ju-ly to four flights a week.

The airline announced yes-terday when it flew in 200, mainly German tourists, who are en route to Zanzibar at a time when Kenyas tourism sector at the Coast has taken a beating due to terrorism fears.

Condor has an annual transportation capacity of more than 6.7 million and over 75 destinations in Europe, Af-rica, Asia and the Americas.

TUI-D Resident Manager in charge of the German and Pol-ish markets in Mombasa Tim Remberg told The Standard at MIA yesterday that the current two flights per week on Mon-day and Saturday will increase to three from next month.

Remberg said a fourth char-tered flight will be deployed from end of June from Frank-furt, Germany.

The German visitors arrived on a Condor flight 7265 from Frankfurt at 5.45am. German tourist Sebastian Glau and his partner Eileen Grossmaur are on their first visit to Kenya.

Local police have said soldiers were attacked by about 10 militants but the army has not admitted the deaths

KDF soldiers in Somalia. [PHOTO: FILE/STANDARD]

Some of the more than 100 German tourists who arrived at the Moi International Airport on board a Condor chartered flight from Frankfurt, walk to board buses headed for various tourist destinations. [PHOTO: GIDEON MAUNDU/STANDARD]

cal police disclosed the deaths, with sources within the military intelli-gence corps indicating the Kenyan soldiers were attacked by an Al-Sha-baab force of about 10 militants.

The success of the attack on a KDF Land Rover has embarrassed the Ke-nyan military but also uncovered the possibility of major intelligence fail-ures and possible infiltration by mili-tants.

It is puzzling how close to a dozen militants could infiltrate the Kenyan territory, bypassing a KDF base at

We are upbeat and looking forward to an eight-day Safari to Kenyas idyllic wildlife and sceneries, which we have only heard of before heading off to Zanzibar for beach holiday, Glau said.

TRAVEL ADVISORIESEarlier on, a Turkish Air-

lines flight with 50 tourists touched down at 3am from Is-tanbul via Kilimanjaro, Tanza-nia.

The recent travel advisories issued by the United Kingdom, France and the US followed by

evacuations created a dent in Kenyas travel and tourism in-dustry.

The UK-based all-inclusive tour company, First Choice, and Thomson Airways can-celled all flights and vacations to Kenya until October.

They transported about 200 vacationers to London a fortnight ago.

By the end of the evacua-tions night all 400 visitors were moved from Kenya to the UK. Most of the tourists had ex-pressed disappointment over the evacuation.

Ishakani on Kenyas border with So-malia unnoticed and disappear with-out a trace or pursuit by reinforce-ments from nearby military camps or Air Cavalry helicopters.

LONELY ROADIt is also not clear what else was on

the KDF vehicle besides food and the military has claimed one militant was killed but failed to explain why the soldiers were travelling on a lonely re-mote road alone. And the sense of anxiety and shock has been exacer-

bated by the fact that the attackers, armed with light weapons including AK47 but possible Rocket Propelled Grenade or RPG-7, infiltrated 45 kilo-metres into the Kenyan territory to kill KDF soldiers at a place called Mili-mani, less than three kilometres from the supposedly secure Manda Bay na-val base.

The soldiers were from Lamu and were on their way to Ras Kamboni to deliver foodstuff when they were at-tacked at night. Their lorry was stuck in the mud following heavy rains,

Leonard Omollo, the Lamu County police commander said yesterday.

According to the army, an ex-change of fire erupted after KDF sol-diers flagged down a vehicle but Omollo said the gunfire started when militants ambushed the soldiers from nearby bushes.

The police boss said the Kenyans vehicle was stuck in mud due to heavy rains but the KDF statement made no reference to this.

The exchange of fire resulted in the death of two soldiers. The military lorry was sprayed with bullets after it was stuck in the mud, said Omollo.

Sources in Lamu said suspended Al-Shabaab elements ambushed the soldiers as they struggled to pull out the lorry at Milimani, 45 kilometres from Ras Kamboni.

Meanwhile, independent sources in Lamu informed The Standard that militants from Somalia were pursuing a Kenyan police patrol car that was holding two Tanzanian jihadists that had sneaked into Lamu through Ki-unga when they bumped into the Ke-nyan military men and opened fire on them. Omollo said the soldiers were from Lamu and on their way to Ras Kamboni to deliver foodstuff .

Sources in Lamu said the soldiers were from the 15th KA Batallion of the Kenya Army and were delivering the food ration from Manda Base in La-mu. But The Standard has learnt the truck(s) ferrying the supplies moved from Nairobi late last week.

Reports by Patrick Beja, Benard Sanga and Willis Oketch

ATHI WATER SERVICES BOARDREQUEST FOR EXPRESSIONS OF INTEREST

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2. The full text of this Request for Expression of Interest can be accessed at http://awsboard.go.ke/media/tender/ at no cost.

3. Expressions of interest must be delivered in a written form to the address below (in person, or by mail, or by fax, or by e-mail) by 18th June 2014 East African time.

Attention: The Chief Executive Officer, Athi Water Services BoardStreet Address: Africa-Re Centre, Hospital Road Upper Hill

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Page 12 / NATIONAL NEWS Tuesday, May 27, 2014 / The Standard

By KURIAN MUSA

The Mathare Constituency by-election will be conducted within 90 days after the Supreme Court on Friday upheld the declaration that George Wanjohis win was uncon-stitutional.

Judge Smokin Wanjala said the Independent Electoral and Bound-aries Commission (IEBC) was free to announce an election date and ordered that National Assembly Speaker Justin Muturi be served with the court decision to enable the process of a by-election to be-gin.

Supreme Court judges led by deputy Chief Justice Kalpana Raw-al nullified the election and direct-ed that the people of Mathare should brace for a by-election to choose their own leaders.

IEBC was ordered to cater for the legal fees of Stephen Kariuki of ODM party, who successfully chal-lenged the election of Wanjohi (TNA). The highest court upheld the decision of the Court of Appeal which ordered for a by-election, saying the election results were marred by massive irregularities, making it difficult to establish the winner.

By LUKe ANAMI

A row is brewing between the Commission on Revenue Allocation (CRA) and the Mining ministry over a proposed law that excludes a formula for sharing proceeds from minerals.

CRA has accused the ministry of disregarding its revenue sharing pro-posals in the Mining Bill 2014, which is pending before Parliament.

The Mining Bill 2014, which is be-fore the National Assembly, lacks pro-posals on how to share revenue be-tween locals, county and the national government, something that has prompted CRA Chairman to raise is-

Cabinet Secretary on the spot over Mining Bill, which does not have revenue sharing formula

brewing trouble Commission on Revenue Allocation has ac-cused the Mining ministry of disregarding revenue sharing proposals in the Mining Bill 2014, which is pending before Parliament CRA Chairman Micah Cheserem wrote to Mining Cabinet Secretary Najib Balala com-plaining that the Mining Bill being debated by the National Assembly does not include a rev-enue sharing formula Insisting on the formula, Cheserem cites the principal function of CRA, which is to make recommendations for equitable sharing of revenue raised by the national government between the national and the counties

sue with Mining Cabinet Secretary Najib Balala.

The proposals were made and sent to Mr Balala a month ago.

It has now been brought to our at-tention that the Mining Bill being de-bated by the National Assembly does not include a revenue sharing formu-la, CRA Chairman Micah Cheserem said in a letter addressed to Balala, dated May 22.

You will recall that I led two del-egations from the commission to your office to make recommendations on the formula that could be included in the Mining Bill. The purpose of this letter is to request you to intervene and reinstate the revenue sharing for-mula that we had recommended to you, reads part of the letter.

Mr Cheserem said the formula must be included in the Bill because minerals will in the coming years be a major source of revenue.

The Energy Bill 2014, he said, must also include a formula as the commu-nities where the natural energy plants are will require compensation as well.

By JOSPHAT THIONGO and MAUReeN ABWAO

As the alternative government, the opposition should offer solutions, Na-tional Assembly Majority Leader Aden Duale has said.

He said CORD leaders who have been holding a series of rallies, where they have criticised the Jubilee Govern-ment, should stop the blame game and instead offer solutions to the problems facing the country.

Duale told the opposition leaders to concentrate on development issues that will benefit wananchi and save pol-itics for 2017.

Cord leaders should be account-

able for what they say as they have formed platforms to propagate hate speech messages against the govern-ment of the day, which is in no way in the interest of Kenyans, said Duale.

On regime change, Duale said: Cord leaders should allow the Jubilee Gov-ernment to serve its term, and resell their policies ahead of the next general elections.

He urged Alfred Keter to table any grievances he had in Parliament where answers would be provided.

Keter is just being used by a section of those against the Government. He needs to understand that the Jubilee co-alition represents the interests of both parties and those of the Kenyan citi-

zens, he said.The legislator said Devolution and

Planning Cabinet Secretary Anne Waig-urus impending impeachment was not a collective decision of the Jubilee alli-ance but an opinion of Igembe South MP Mithika Linturi.

Duale said talks were underway to ensure Mithika Linturi reconsiders his stand over the Motion he had tabled in Parliament on impeaching Waiguru.

Some 116 MPs have signed a peti-tion to oust Waiguru, who is accused of gross misconduct and gross violation of the constitution.

She is also accused of intimidating and threatening public servants under her jurisdiction.

Duale tells CORD to offer solutions

Help tap talent, education stakeholders toldBy FReD KIBOR

The government has advised education stakeholders to help nurture talent among learners instead of emphasising only on academics.

Basic Education Director Leah Rotich said learners have continued to exhibit tal-ent in learning institutions and it is high time these abilities were developed.

She said the Ministry of Education has drafted a national educational sector plan that will help encourage development of various kinds of talent among children in learning institutions besides emphasising academic excellence.

We should look at a child as a whole person, not just concentrating on academ-ic excellence. We need to incorporate their talents as they go on with class work, said

the director. She said parents and teachers should

be able to identify different talents inher-ent in the learners.

Apart from academics, learners have continued to exhibit several talents which need to be nurtured and which in the end would benefit them even if they fail to per-form well in class, said Mrs Rotich.

cONTINUe exPLOITINGShe said the Ministry of Education

through its curriculum has encouraged development of talent among learners and urged other stakeholders to continue ex-ploiting them.

Our learners have not disappointed when it comes to displaying their co-cur-ricular activities which if tapped would help them excel in future, she said.

Speaking at Metkei Girls secondary School in Keiyo South sub-county, where she graced an educational day, Mrs Rotich said her department has set programmes that would help in nurture talent at a ten-der age.

She said reforms were underway in the education sector to help address untapped talent.

These reforms will ensure our educa-tion is competency-based to help develop abilities such as critical thinking and com-munication skills to explore their full po-tential, she said.

Area MP Jackson Kiptanui who also at-tended the education day urged teachers to do their best to uplift academic stan-dards in the area, saying that quality grades posted over the years in the area were few-er compared to other areas.

National Assembly Majority Leader Aden Duale

Court gives nod to hold mini polls

Micah Cheserem

The same applies to the Energy Bill 2014, he said.

In an interview with The Standard, Cheserem said it is important for the people of Kwale to know what is there upfront from the mining of Titanium instead of waiting for the time bomb to explode.

The Turkana County people should know what share they will get from the mining upfront. There is also Coal in Kitui, Soda in Magadi among other mineral and natural resources, he explained.

GOLD DePOSITS,We must have a formula because

in the next five years, if we dont have a formula, we will be opening a pan-doras box, he added.

The discovery of oil and other min-erals including gold deposits, natural gas among others is likely to be a source of conflict within the regions where the discoveries are made.

Turkana was in the news early this year when the residents demanded compensation from Tullow Oil Com-

pany.It is therefore important that we

make good policy decisions upfront to avoid conflict and chaos that many countries have encountered due to their failure to share mineral revenues equitably, he said.

Insisting on the formula, Cheser-em cites the principal function of CRA, which is to make recommenda-tions for equitable sharing of revenue raised by the national government be-tween the national and the county governments.

Further, the issue of minerals and natural resources is governed by Chapter Five of the Constitution, which deals with Land and Environ-ment.

With due regard to the provisions therein, the Government is expected to develop legal and institutional frameworks that will guide the exploi-tation, management, utilisation and conservation of minerals; and, natu-ral resources for maximum economic benefit of the country and local com-munities, he explained.

Revenue body hits out at Balala over Mining Bill

Page 13Tuesday, May 27, 2014 / The Standard

Page 14 / EDITORIALS Tuesday, May 27, 2014 / The Standard

Swoops not best way to address insecurity

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.

Empower police service to bolster war on crime

WHAT OTHER MEDIA SAY...

As much as we appreciate police efforts to beat back the wave of crime and terrorism in the country, these efforts must be done within the confines of the law to avoid antagonising the citizenry.

Police swoops in Mombasa are becoming the norm even as they raise public outcry on the manner of their execution. Hundreds of people were recently arrested inside a nightclub that operates legally and faced various charges in court yesterday.

These random swoops infringe on peoples freedom of movement and assembly that the Constitution upholds in the Bill of Rights. These blanket arrests can be tolerated only under a state of emergency that has not yet been declared.

The police must learn to act on targeted intelli-gence, which should lead them to specific groups and individuals either suspected or confirmed to be indulging in subversive activities.

Experience has shown that the scattergun approach is counterproductive and at worst, sets up the public against the government. In truth, too many arrests have been made at the coastal town of Mombasa in the name of fighting terrorism, but none has led to conviction. Lack of sustainable evidence has always seen the suspects released by the courts. Instances abound where suspects are released after the greasing the palms of police officers.

This newspaper has insisted before that rapport must exist between the police and the citizens if the war on crime is to be won.

The opposite of this obtains where the police officers assume the role of bullies. Lack of trust and confidence in our police service, brought about largely by the canteen culture, has seen even those who would have volunteered vital information withholding it for fear of harassment.

It was everybodys hope that the change from a force to a service would make some difference. Now it seems there is a long way to go.

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By Joanne Wanjala

Kenyas heavy commercial vehicles (HCVs) industry is gradually growing thanks to heavy investment as the country tightens its sectors towards the attainment of vision 2030. The growth is also as a result of Kenyas positioning as the economic hub of the East African region. About half of Kenyas motor vehicle market is commercial, composed of trucks, buses and pickups, its sale in the country accounting to about 40% of industry deals. This is mainly due to increased demand in sectors such public transport, haulage and agriculture.Heavy commercial vehicles include Cargo trucks, Tipping trucks, Tankers as well as long haulage vehicles. With more roads being constructed and more industries being set up, the demand of the heavy commercial vehicles has risen at a faster pace. At present, most the automobile rms have diversied their products and now dominate the HCVs market. Most of these brands are customized to suit developing countries which are

characterized by rough terrains.One of the pillars to drive the attainment of Vision 2030 is investment in infrastructure, which in turn is heavily dependent on this industry. The countrys investment in infrastructural facilities like roads and the railway system has played a big role in shaping the demand for heavy commercial vehicles. Local assemblers and manufacturers have cashed in to this demand and are now churning out HCV that suit different market needs.According to data from the Kenya Motor Industry Association (KMI), sales of new heavy commercial vehicles in 2012 for KMI members were 3792 which included 2,397 locally assembled and 1395 imported units. This accounts for about 26.8% of the total sales of the vehicle market. Other means being used to seal the market demand gap is through leasing, where some rms have made leasing of HCV as part of their core businesses.Apart from local assembly, imported HCV also don that market. This is more so because of the liberalized vehicle importation policies by the government. Most local assembling rms have taken

advantage of such policies to import parts and assemble their brands locally to take advantage of the tax exemptions. Because most of these vehicles are used to transport heavy cargo, their capacity and efficiency is an aspect that most players are keen on improving. This is also coupled with the fact that most of these vehicles go for long distances, hence manufacturers are putting in a lot of safety measures both for the driver, other passengers, the cargo itself as well as the safety of other road users, given that Kenya has over a million road users with vehicles of different kinds and models. These specications are dependent on the line of work that they are to be used for, like whether the trucks are to be used as cargo pullers, tractor trailers, tippers, and so on. Although technical and safety standards in local vehicle assembly are set by the source manufacturers of each brand of vehicle, the Kenya Motor Industry Association (KMI) has a Charter that encourages reporting of any misconduct and leads independent investigation of any standards, safety or conduct issue.

In addition, given that all the major assemblers, importers and distributors of new HCVs are KMI members, the association acts as a platform for interaction between the members, government and the general public. However, to drive the economy and chart a faster lead to industrialization, market experts say more investment should be put into local assembling rms. This will ensure that benets are maximized.

Kenyas heavy commercial market robust

Page 42 / APPOINTMENTS Tuesday, May 27, 2014 / The Standard

DIRECTORATE OF DISASTER MANAGEMENT & HUMANITARIAN COORDINATION

Advert No. WCPSB/009/14 - DEPUTY DISASTER MANAGEMENT AND HUMANITARIAN COORDINATOR (1 Post)

Reporting to: The County Disaster Management and Humanitarian Coordinator

DUTIES AND RESPONSIBILITIESTo conduct regular site visits to NGOs and maintain close coordination mechanisms Building capacity of the community on disaster preparedness and emergency response and ensure inter-sectoral linkages for coordination.Maintain a register of all NGOs and CBOs operating in the county, with their precise sectors, affiliations and location of their activitiesReceive, analyze, monitor and evaluate the quarterly and annual reports of NGOs Conduct regular site visits to NGOs and maintain close coordination mechanisms Ensure the fundamental principles of Humanity, Impartiality, Independence and Neutrality are adhered to by all the NGOs working in the countyEstablish mechanism of humanitarian response that promotes participatory and community based approaches Ensure the fundamental principles of Humanity, Impartiality, Independence and Neutrality are adhered to by all the NGOs working in the county make available sensitization, awareness creation and functional literacy to the public for disaster management.Perform other roles, such as to represent the CDMHC on issues to do with disaster management and humanitarian coordination as well as relief and logistics coordination and other forums related to the role.

REQUIREMENTS FOR APPOINTMENTBe a Kenyan Citizen Be in possession of Bachelors degree from a recognized University in Kenya Preferably in Disaster management and Humanitarian Assistance , Social Sciences or project management and monitoring.Masters degree relevant to the roles of the position will be added advantage A minimum of five (7) years of relevant experience in Humanitarian work, project management, community work and public service.Proven communication, computer literacy and report writing skills. Fluency in the national and local languages of the County and the country Satisfy the requirements of chapter 6 of the constitution of Kenya.

Advert No. WCPSB/010/14 - PRINCIPAL OFFICER - HUMANITARIAN COORDINATION (1 Post)

DUTIES AND RESPONSIBILITIESThe incumbent shall be responsible for the day-to-day management of the County coordination of humanitarian affairs and ensure inter-sectoral linkages and coordination assignments.Organize regular coordination meetings with sub county cluster partners, building when possible on existing sector coordination and ensure that humanitarian needs are identified by planning and coordinating joint, inter-departmental, initial rapid assessments.Formulate and submit progress reports on NGO partnership to ensure continuous and time efficient project implementation and reporting. Ensure the fundamental principles of Humanity, Impartiality, Independence and Neutrality are adhered to by all the NGOs working in the countyProvide timely and reliable information on humanitarian, food security and disaster issues at the county As job descriptions cannot be exhaustive ,the position holder may be required to undertake other duties that are broadly in line with above key duties

REQUIREMENTS FOR APPOINTMENTBe a Kenyan Citizen Be in possession of Bachelors degree from a recognized University in Kenya preferably in Disaster management and Humanitarian assistance or Social Sciences or from a recognized Institution in Kenya with a minimum of five (5) years of relevant working experience.Proven communication, computer and report writing skills. Fluency in local languages of the County. Satisfy the requirements of chapter 6 of the constitution of Kenya.

Advert No. WCPSB/011/14 - PRINCIPAL OFFICER - DISASTER MANAGEMENT (1 Position)

DUTIES AND RESPONSIBILITIESPlay lead role in the strategic planning and management of disasters in participatory collaboration with development partners, international agencies, CSOs and other bodies. Play a key role to ensure availability of the various resources for DM at all levels from County Government sources and partners, to encourage this collaboration and partnerships for the purposes of realizing synergies, providing linkages, promoting trust, goodwill and ownership of the Disaster Management system. Assess and identify disaster sub-regions, evolve strategies for the sub-counties, integrate county strategic plan, harmonize Disaster Management for all disasters and provide for co-ordination of all Disaster Management-related activities; Promote continuous and partnership stakeholder consultations with relevant line departments, to enhance co-ordination of interventions; Promote and facilitate co-ordination and access to research based information for Disaster Management. Promote mass sensitization and awareness creation on Disaster Management and Climate Change for the general public; Promote and stress the urgent need for sustainable mainstreaming of Disaster Management and Climate Change into Development Planning and Management, to promote poverty alleviation, on the way to sustainable development; Design Disaster Management Policy which stresses the Paradigm Shift to Disaster Risk Reduction (DRR) Approach, including the EWS, preparedness, prevention and mitigation, Disaster Cycle Management, (including EWS, response, relief, rehabilitation, reconstruction down to recovery) to ensure appropriate remedial action

REQUIREMENTS FOR APPOINTMENTBe a Kenyan Citizen Be in possession of Bachelors degree from a recognized University in Kenya preferably in Disaster management and Preparedness engineering or Social Sciences from a recognized Institution in Kenya with a minimum of five (5) years of relevant working experience.Proven communication, computer and report writing skills. Fluency in local languages of the County. Satisfy the requirements of chapter 6 of the constitution of Kenya.

DEPARTMENT OF LANDS, HOUSING AND PHYSICAL PLANNING

Advert No. WCPSB/012/14 DIRECTOR OF PHYSICAL PLANNING, SURVEY AND HOUSINGJOB GROUP R (1 POST)

Reporting to Chief Officer-Lands, Housing and Physical Planning,

DUTIES AND RESPONSIBILITIESOversee, manage, research, compile, and analyze information from maps, reports and investigations.Consult with stakeholders and other interested parties and negotiating with developers and other professions, such as surveyors and architects;Prepare, develop, maintain and update files and records, including land use data and statistics.Respond to public inquiries, complaints, attending and presenting at planning boards and appeals.Perform inspections and illustrate planning studies in areas such as population, land use, or

zoning and propose alternatives actions that would better accomplish countys vision and goals.Administer the implementation of the county integrated plan, including and ensuring compliance with relevant codes, policies, or rules and regulations and the processing of land use permit applications.Conduct special studies or research and analyze growth management, environmental protection matters and urban and rural development trends, issues and policies and provide short and long term recommendations.Schedule available resources to meet planning targets. Oversee and provide direction to consultants undertaking design and land use projects. Any other duties assigned.

REQUIREMENT FOR APPOINTMENTBe a Kenyan citizen A Bachelors degree in Urban & Regional Planning or Urban Planning or Town Planning from a recognized institution.A masters degree in planning or urban design will be an added advantage. Minimum five (5) years work experience of which two (2) years of which at senior management level.Proficiency in computer applications and computer-aided designs (CAD) or geographical information systems (GIS).Demonstrate a high degree of professional and technical competence as reflected in work performance and results.Be a strategic thinker and result oriented. Registered with the relevant professional body. Satisfy the requirements of Chapter Six of the Constitution of Kenya 2010 on leadership and integrity.

Advert No. WCPSB/013/14 - DEPUTY DIRECTOR OF PHYSICAL PLANNING - JOB GROUP Q (1 POST)

Reporting to Director of Physical Planning, the Officer will be responsible for all physical planning services.DUTIES AND RESPONSIBILITIES

Supervise all physical planning activities and continually monitor projects during the construction phase and works directly with the architectural and engineering inspectors to assure that plans and specifications are followed and construction problems are minimized.Act as the primary agent for the county in all matters dealing with construction projects, which includes substitutions and changes in the provision of the approved specifications.Performs field investigations to ensure projects conform to zoning codes, design regulations and/or approved plans; performs design conformance plan checks; assists permit applicants to satisfy conditions of approval.Perform various administrative functions for the department, including accepting applications and permits for processing and composing correspondence.Prepare integrated land use plans with relevant stakeholders for use by land boards and other allocating authorities.Assist in developing county policies, legal and institutional frameworks for implementation of the mandate of the department.Assist in preparation of annual work plans and financial budgets. Perform any other duties assigned.

Requirement for appointmentBe a Kenyan citizen A Bachelors degree in Urban & Regional Planning or Urban Planning or Town Planning from a recognized institution.Proficiency in relevant computer applications and computer-aided designs (CAD) or geographical information systems (GIS).Ability to coordinate activities and deliver as per given schedules. Ability to establish and maintain good working relationships with developers, contractors, property owners, fellow workers and the general public.Good communication and interpersonal skills. Satisfy the requirements of Chapter Six of the Constitution of Kenya 2010 on leadership and integrity.

Advert No. WCPSB/014/14 DRAUGHTSMAN - JOB GROUP K (1 POST)

Reporting to Deputy Director of Physical Planning, the Officer will be responsible for all spatial planning.

DUTIES AND RESPONSIBILITIESEstablishing liaison with planners in order to understand the nature of the project. Should have ability to create manual and computer based drawings. Should have the skills to create two and three dimensional drawings. The draftsman should be able to create drawings according to the requirements of the planners.

REQUIREMENT FOR APPOINTMENT Be a Kenyan citizen Be a holder of at least first diploma in Cartographer from a recognized institution in Kenya. Higher diploma will be an added advantage. Proficiency in relevant computer applications and computer aided designs (CAD) or geographical information system (GIS).