Change is on the way coming and it must be given a rousing welcomed by all. Change must clean Kenya from corruption, impunity and graft. It will require new and fresh thinkers willing to embrace and accept change that Kenyans want. Cheers !!! Judy Miriga Diaspora Spokesperson Executive Director Confederation Council Foundation for Africa Inc., USA http://socioeconomicforum50.blogspot.com MPs face tight calendar to clear backlog of BillsSHARE THIS STORYUpdated Wednesday, August 01 2012 at 00:00 GMT+3 Parliament resumed business Tuesday on the same day the court of Appeal ruled that their mandate ends on January 14, next year, even though many MPs had been claiming they should remain in office and earn salaries and allowances until March 4. The House has a packed calendar with a raft of Bills slated for debate and approval. With elections seven months away, many MPs are no doubt consumed with planning for their campaigns, but they must stick to the matter at hand and complete their primary duty, which is legislation. The implementation of the new Constitution and indeed the entire conduct of the next government is at stake. There is concern that anti-reformists in Government keen on retaining control over the next administration are keen to sabotage the new laws through Parliament. MPs must be fully alert to the dangers posed by having to legislate so close to a momentous election. True, they have in the past proven to be poor readers of Bills unless their self-interest is catered to. As a result some laws have been passed that should have remained off the Statute books. Key players in this crucial period include the Leader of Government Business in the House, the Head of the Civil Service, and the Attorney General. The three must ensure that Bills critical to the implementation of the Constitution are given priority, especially those that relate to county government to be set up next year. MPs must keep their eyes on the ball and avoid sideshows Improve Kenyans' lives, Kibaki urges MPs  President Kibaki (centre) cuts the tape to officially open Parliament's refurbished chamber August 7, 2012. He is flanked by House Speaker Kenneth Marende (left). The President urged MPs to use the remainder of their parliamentary term to improve Kenyans' lives. SALATON NJAU By PPS Posted Tuesday, August 7 2012 at 14:40 President Kibaki has urged MPs to use the remainder of their parliamentary term to improve Kenyans' lives. Speaking at Parliament buildings during the official opening of the refurbished chamber Tuesday, President Kibaki said the legislators should ensure that the Tenth Parliament goes down in history for its role in uplifting the quality of the lives of Kenyans from all walks of life. "Let us use the time left to entrench reforms and to put in place structures that future leaders will use to transform Kenya into a haven of prosperity as envisioned under our VISION 2030," President Kibaki said. He observed that as leaders, MPs have tremendous capacity to transform the lives of the electorate and called on Kenyans to carefully vet those they will elect to serve in Parliament during the next General Election. "The power to determine the destiny of our nation is in our vote. Let us use that power wisely." President Kibaki, once again, assured all Kenyans that the government is putting in place measures to ensure a free, fair and peaceful election. He reassured that the government will support the Independent Electoral and Boundaries Commission (IEBC) in acquiring the biometric voter registration equipment that will contribute to the credibility of the electoral process. President Kibaki said government will also fast-track the issuance of national identification cards to Kenyan youth to enable them to vote. Smooth handover of power He promised to oversee a smooth transition. "I also re-commit myself to guaranteeing that Kenya has a smooth transition to the leadership that they will vote into office next March," President Kibaki said. On devolution, President Kibaki restated the government's commitment to providing resources for devolved government as stipulated in the Constitution, saying devolution is here to stay. "Devolution is critical and must be fully supported by this Parliament that should put in place the necessary structures that will guarantee a smooth transition to the next form of government," President Kibaki said. He said the newly refurbished chamber will greatly aid the legislative and representative roles of MPs, the President commended Kenyan taxpayers for paying their taxes and all those involved in the refurbishment project. The President said the government will work closely with Parliament to facilitate implementation of the next phase of the modernisation programme, including the preparation of facilities necessary for the Senate as well as increased staff numbers. "We are committed to providing resources for the two-chamber legislature to function effectively. The Ministry of Finance will allocate the necessary funds for this endeavour," President Kibaki said. Promote peace The President insisted that Members of Parliament must actively promote peace, unity and national cohesion in all corners of the country. "To ensure peaceful elections, I encourage Members of Parliament and other leaders and citizens to actively participate in the forthcoming county peace conference on 13th and 14th August and the national peace conference on 30th and 31st August," President Kibaki said. President Kibaki said he was hopeful that the MPs will give due attention to a number of Bills related to the Constitution that will be presented in the coming days so as to stick to the timelines provided for under the Fifth Schedule of the Constitution. During the occasion, President Kibaki handed over a copy of the original Constitution that he signed on the August 27, 2010 and the pen with which he appended his signature on the Constitution for safe custody in the august House. National Assembly Speaker Kenneth Marende said seats in the refurbished chamber were made by the prisons department and called on Kenyans to give preference to locally made goods and materials as their contribution to building and branding Kenya. Mr Marende said the old chamber will undergo similar refurbishments to accommodate the Senate. Others who spoke during the occasion were Cabinet ministers Njeru Githae, James Orengo, Chris Obure and legislator Nicholas Gumbo. In attendance were Vice President Kalonzo Musyoka, Deputy Prime Minister Uhuru Kenyatta, Chief Justice Willy Mutunga, acting Head of Public Service Francis Kimemia, ambassadors and High Commissioners, among other senior government officials and invited guests. Bensouda reveals witnesses' identity to Uhuru The International Criminal Court (ICC) Prosecutor Fatou Bensouda has disclosed the identity of three witnesses to Deputy Prime Minister Uhuru Kenyatta August 7, 2012. FILE By OLIVER MATHENGE Posted Tuesday, August 7 2012 at 12:07 The International Criminal Court (ICC) Prosecutor Fatou Bensouda has disclosed the identity of three witnesses to Deputy Prime Minister Uhuru Kenyatta. The prosecutor says that security issues that surrounded the witnesses have been resolved and their identities were disclosed to Mr Kenyatta last week. "While the Pre‐Trial Chamber authorised the Prosecution to withhold the identities of these witnesses at the confirmation stage due to security concerns, their security situation has changed in the last weeks such that it permits the disclosure of their identities," Ms Bensouda told the judges. She added that the prosecution has decided to waive delay in disclosure of the witnesses which has been set for 60 days before April 11, 2013. She also said that her office has informed Mr Kenyatta that it would disclose unredacted or lesser redacted versions of the records of the witnesses' interviews. Justify request Ms Bensouda has, however, asked the judges to dismiss Mr Kenyatta's request that she reveals whether she will be relying on the testimonies of these witnesses at trial. She said that the DPM fails to justify this request as the judges have already asked her to provide her list of witnesses by January 9, 2013. "In terms of trial preparation, the Prosecution has disclosed the identities of the three witnesses, enabling the Defence to "institute immediately thorough investigations" with respect to their evidence. In terms of efficiency, the Defence cannot reasonably argue that it is unduly burdened by the prospect that one or more of the Prosecution's pre‐trial witnesses may not testify at trial," Ms Bensouda said. The issue of witnesses has been the centre of arguments especially between the prosecutor and Mr Kenyatta, who has more than twice challenged the credibility of the prosecution witnesses. Mr Kenyatta had written to the court to order the prosecution to disclose the identity of two witnesses and indicate whether it will rely on their evidence. Mr Kenyatta is seeking the identities of witnesses 11 and 12 and wants to know if the prosecution will rely on their evidence and that of witness 4. The prosecution had been arguing that it cannot reveal the identities of the said witnesses for security reasons. He wants the Trial Chamber to order the prosecution to disclose the evidence arising from all investigations and all other material including direct or indirect communications to date in respect to the three. "The defence for Kenyatta seeks specific relief in respect of prosecution Witnesses 4, 11 and 12 at this stage in the proceedings. In particular, the defence requests the following: Confirmation from the prosecution that it intends to rely upon OTP-4, OTP-11 and OTP-12 at trial, and confirmation of the identities of OTP-11 and OTP-12," the DPM said. Exculpatory evidence Mr Kenyatta says that April 1, 2011, Witness 11 told a member of his defence support team that there had been "an attempt by ODM to induce the two witnesses to cross-over and testify" for the prosecution. He adds that prior to March 12, 2011, Witnesses 11 and 12 had provided exculpatory evidence to the Defence. The DPM adds that the prosecution should, in the disclosure, include evidence which tends to show his innocence, or which may affect the credibility of these prosecution witnesses. He argues that witness 4's statement to the prosecution contradicts that of Witness 11 in relation to the allegations that Mungiki met at State House on November 27, 2007. "OTP-12 is led by the interviewer to conclude that a number of Mungiki members went to Nairobi State House on 27 November 2007. This allegation contradicts the Prosecution's own case on the basis of the evidence of OTP-4 who claimed that such a meeting took place on 26 November 2007," Mr Kenyatta argues. Mr Kenyatta says that this allegation by the prosecution witness is contradicted by 11 of his witnesses who attended a meeting at State House on November 26, 2007. He also argues that Witness 12 is led by the investigator to conclude that the DPM and other politicians attended a meeting on December30, 2007, the purpose of which was to mobilise people on the ground. He says that this allegation is contradicted by "significant and credible defence evidence" available to the Trial Chamber, including the evidence of five of his witnesses. Mr Kenyatta argues that it will be only fair if the defence has that information during the trials which are scheduled to kick off on April 11, next year. His lawyers are also seeking the court's permission to use "confidential identifying information, visual and/or non-textual documents for the sole purpose of defence investigations in respect of OTP-4, OTP-11 and OTP-12."
Minister and Governor ignored advice, leading to Sh1.8bn loss: PAC Former Finance minister Amos Kimunya. Photo/FILE By ALPHONCE SHIUNDU ashiundu@ke.nationmedia.com Posted Saturday, August 4 2012 at 23:30 Transport Minister Amos Kimunya and Central Bank Governor Njuguna Ndung'u have to take the blame for the Sh1.8 billion loss that the public suffered following the cancellation of a cheaper money-printing contract. The Public Accounts Committee — the powerful parliamentary watchdog committee that audits government spending — is convinced that the two ignored the advice of the economists of the Central Bank and made somewhat reckless decisions that led to the loss. Mr Kimunya was the Finance Minister when the controversial contract was signed. The committee is angered that Mr Kimunya misled the committee that the country had in fact saved Sh3.8 billion when the figures from the Auditor-General showed a different story. The cost of printing the 1.71 billion pieces of banknotes at De La Rue was Sh3.8 billion; the interim orders for printing banknotes, as the Central Bank awaited the conclusion of that contract, comes to Sh5.5 billion. Yet Mr Kimunya told the committee that over three years, printing the 1.71 billion would have cost the taxpayer Sh8 billion. "On the strength of the special audit report by the Auditor-General, the committee was satisfied that the taxpayer lost Sh1,830,909,616 being the price difference between the cost of the interim orders and the cancelled contract and that the government did not therefore get value for money in the interim orders," the PAC noted in its report, awaiting debate in Parliament. When the committee spoke to former Central Bank Governor Andrew Mulei, and to the current governor, Prof Ndung'u, they all said that the taxpayer paid a lot of money to foot the money-printing bill — which would have been saved if Mr Kimunya had not put roadblocks to the process. "De La Rue argued that the price difference in the interim orders and the cancelled contract was nil. Dr Andrew Mulei told the committee that the price of the interim orders was one and a half times more than the cancelled contract. Prof Ndung'u told the committee that the cancelled contract was cheaper than the interim orders," PAC noted. Did Mr Kimunya cook the Sh8 billion figure? Although Dr Mulei did now show up before the committee, he sent a written submission to the Clerk of the National Assembly, Mr Patrick Gichohi. The submission was forwarded to the committee and, after scrutiny, the committee agreed to admit it. Former CBK Deputy Governor Jacinta Mwatela also pointed out gross violations of the law by both the Governor and Mr Kimunya. She was the chair of the tender committee that carried out due diligence before De La Rue got the tender to print the 1.71 billion pieces. Ms Mwatela pointed out to the committee that Mr Kimunya had acted illegally because he could not cancel a contract that he was not party to. "Only the tender committee had such powers as provided for by Section 32 (2) of the Public Procurement and Disposal Regulations," she told the committee in her submissions as recorded in the PAC report. While the initial interim order of 164.05 million pieces was within the law, which allows for an interim order to be 10 per cent or lower than the initial order; Mr Kimunya and Prof Ndung'u conspired and ordered another 390 million pieces of banknotes. If the two wanted more orders, the tender committee was of the view that the law on procurement had to be followed to the letter. The governor and Mr Kimunya went ahead with the plan to take the interim orders. Kimunya used Kibaki's name in De La Rue deal PHOTO | FILE | NATION Former Central Bank of Kenya's acting governor Jacinta Mwatela when she appeared before Parliament's Public Accounts Committee. By ALPHONCE SHIUNDU ashiundu@ke.nationmedia.com Posted Saturday, August 4 2012 at 23:30 In Summary
Cabinet minister Amos Kimunya invoked President Kibaki's name when he pushed the Central Bank to cancel the controversial money-printing contract that had been awarded to international money-printing firm, De La Rue. However, the President reportedly denied that he told Mr Kimunya, the then Finance Minister, to stop the launch of new generation currency in 2007, because it was an election year. The details of the President's denial and the political intrigues are contained in the evidence adduced before Parliament's Public Accounts Committee, which wants Mr Kimunya (now the Transport minister) and the Central Bank governor, Prof Njuguna Ndung'u, barred from ever holding public office. Former acting governor of the Central Bank, Ms Jacinta Mwatela, told the committee that she met the President in January 2007. She raised the issue of launching the new generation banknotes, which was expected later that year, saying that she had been advised to delay it, because the President had reservations about it. "The President, however, denied having ever told Mr Kimunya to tell the [Central] Bank not to launch new generation banknotes in an election year. In his wording, the President said 'hapana sikusema"," the PAC report, now in Parliament, says. Not only did the minister reportedly use that excuse to cancel the tender, but he also said that the Cabinet, having approved a joint-venture between the Treasury and De La Rue, had gone ahead and pushed for the cancellation of the contract. Two confidential letters from the Cabinet to the Attorney-General's Office and the Treasury, pushing for the joint venture between De la Rue and the government, did not mention the contract. This made the committee suspicious, that perhaps, Mr Kimunya had "kept the Cabinet in the dark" regarding the pending money-printing contract. "The Committee was not persuaded by Mr Kimunya's evidence that the contract for printing 1.71 billion pieces of banknotes between Central Bank of Kenya and De La Rue was cancelled following a Cabinet decision as he did not produce any documentary evidence to the effect," the committee says in its report. Mr Kimunya is said to have deliberately blocked Ms Mwatela from executing the contract despite the fact that she was the acting governor. The minister waited until Prof Ndung'u was appointed, and then prevailed upon him to cancel the contract, and quickly ensure that the Central Bank got into a joint venture with De La Rue, including a 10-year guarantee for business. "The Central Bank was strongly opposed to Treasury and De La Rue's joint venture agreement under which the Bank would be tied by Treasury to signing a 10-year banknote printing contract with De La Rue International Ltd. This would contravene government procurement regulations and procedures as the Bank would not be guaranteed a fair market price during the ten years," the PAC noted in its report. "... the Bank was not part and parcel of the negotiations for the joint venture since the Central Bank of Kenya Act prohibits it from taking part in investments. In the circumstances therefore, the governor would not sign a contract tying the Bank to a ten-year currency printing contract with De La Rue Company." The committee notes in its report that when Prof Ndung'u was appointed, he was hesitant when it came to ensuring that the money-printing contract, which had already been awarded and a down payment made, was activated. Yet, the only item pending was the governor's signature. Mr Kimunya also told the committee that the Central Bank of Kenya did not have sufficient strong rooms and vaults to store 1.71 billion pieces of banknotes. He said that the money, which was being printed in Malta, would be shipped to the Port of Mombasa, all at once, and that it would have been difficult to get it to the Central Bank outlets in Nairobi, Mombasa, Eldoret and Kisumu. Prof Ndung'u agreed that the volume of the cargo would occupy five times the space available, even if the Central Bank went ahead to lease more space at the Times Tower — the headquarters of the Kenya Revenue Authority. According to De La Rue, 1.71 billion pieces of banknotes would occupy close to 85 40-foot containers. But Ms Mwatela, who sat in the tender committee, which drew up the contract, said the money would be delivered in tranches. That would then explain why the Central Bank agreed on a delivery schedule for the money. The committee got the delivery schedule on the signed contract which staggered deliveries between March, 2007 and December, 2009. "The Committee further observed that since delivery of the banknotes was staggered, it was reasonably expected that when new deliveries are made, earlier deliveries would have already found their way into the market to replace the undesirable ones thereby giving space for storage," the MPs noted in their report. "The Committee made a finding that printing of the 1.71 billion pieces of banknotes in Malta would have taken more than a year and it would not have been prudent for De La Rue to pile up ready banknotes for a very long time before shipping them in one consignment." De La Rue, according to the contract, had the duty to deliver the money to Central Bank in Nairobi from their plant in Malta. |
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