Tuesday 8 January 2013

[wanabidii] Politically Correct with Collaborators are the Cancer needing Urgent Medical Fix from Ch. 6.



Dear People of Good Conscious,

 

Politically Correct with Cohorts, Networks and Collaborators are the Cancer needing Urgent Fix so Reform Change can begin to take shape in Kenya, Africa and the greater region of the world.

 

Politically Correct Engineered Corruption Created Poverty and destroyed conventional job creation in Kenya that Poisoned the Rest of Africa and Ultimately Spread the Cancer to the whole World Affecting the Greater Global Region with Human Sufferings and Economic Collapse

 

Millions of people today live in extreme engineered poverty in Kenya and the same have spread to the whole of Africa.

 

There is need for urgency to call for order to seriously discuss political and economic fix, which in my opinion, was carefully crafted to fail Kenya/Africa but instead enriched the Corporate Special Business Interest selfish greed and without considering or weighing consequences of poverty in the long run. This trend has caused disparity gap between the poor and the rich.

 

This silent and lethal engineered poverty got escalated when politically correct in partnership agree to steal from public wealth and resources and by all means plunder, kill and exploit public finances, livelihood and survival without caring. It does not matter the level of crime, abuse or violation they commit against humanity; what is crucially unfair is that, they profit from pushing people into extreme poverty, disorganizing naturally established communities by engineering organized gang attacks with trivial land conflicts and causing legal confusions from dragging and making land cases go on in the court indefinitely while rewarding wrong doers including spurring of injustices and crimes thus opening doors to unsustained and unfavorable illicit jobs that are full of crimes and disorders; where they engage in injustices and avoid paying Tax Revenues thus threatening peace, unity, Government system collapse and consequently these actions put together, disorients economic stability and breaks the backbone of a Nationhood to an extend it fuels extra-judicial killings with systematic organized assassinations as well as slow deaths of people in this politically influenced and engineered silent and lethal corruption. If peace, love and unity are our aim for improved survival and cornerstone for stability for better livelihood future, then this trend of business imposed on us by the selfish and greedy, is not feasible or sustainable and it must be rejected by all responsible and sensible good people of the world; it is destructive and a death knell aimed at destroying environmental nature and shortening human survival and livelihood into extinction. We will have allowed events that destroy life instead of nurturing for purposes of sharing, caring and making it better; so when we leave this world, we leave it better than we found it.

 

This quiet engineered corruption involves two ways exchange,…….the local politicians collude in a conspiracy with the unscrupulous International Corporate Special Business Interest who are after making easy quick money for their selfish greed and instead of following Government regulatory system that are for checks and balances, they evade paying taxes. The target is to fail the Government from public service delivery at which the Government operators and political leadership took oath to protect and preserve. They utilize public facilities in the Government and bribe their way through to accomplish their thieving mission. The repercussion is the Global Economic Crisis and Collapse, which subsequently have seriously undermined and eroded fundamental fabric sustenance of Kenya with the rest of Africa to fail in their Development Efforts from achieving meaningful economic progress and be partners in the Global Market Region to bargain for fair value, yet Africa's wealth is the backbone of the World's Economic progress and stability.

 

Petty Corruption Under The Table

Petty corruption under the table in extension permeates the whole Government system and it is the order of the day for the Executives and public personnel workers in Kenya. Passing through the hands of Political Leaders, it gave birth to drug trafficking; illegal arm-sale; child sex trade with child pornography; organized gangs that goes around to intimidate and terrorize unsuspecting innocent citizens; Pirating as terrorists in the high seas doing illicit business of stealing and trafficking illegal goods; trading on foreign exchange and from evading paying taxes for goods; organizing gang groups as mercenaries and private armed guards who equally raid and steal from local banks huge sums of money to maintain and keep their business afloat; going wild into the streets involving small money transactions and exchanges by agents and facilitators of the network and at every stage, public servants employees involving the local Chiefs, engage in full blown corruption, letting the cancer spread deeper into the community's local villages where the poor have their cows, cattle's, chickens and farm produce stolen from them and sometimes taken at throw away price……..what is left is extreme poverty and hunger………and to be precise, Government system collapsed in Kenya long ago…..

 

Corruption is deeply rooted in the economy of Kenya including the whole of Africa. Something drastic must be done, and without serious transformation, nothing good will be realized from Kenya's Reform Accord Agenda……..but if something must be done, the tendrils and roots of corruption must be uprooted.

 

In Kenya, we had put corruption on notice and Reform Accord established; it is time to put it on checks, and there is no wishy-washy about this…….

 

Progressive development can be successful when there is a balance amongst the people and the balance can only be regulated by a functioning Government. The process of regulations are formulated by Legislative Policies in the Constitution to provide a balance in a fair-play for public service delivery, which is why people vote to chose leaders who are Responsible and are with Integrity to manage Public Affairs in rendering Public Mandate according to Oath of Office. Any Injustices, irregularities or mis-trust are ironed and streamlined at the Court of Law in the Judiciary's Code of Rules for Governance.

 

The Elected Political Leaders and the Executives are mandated to orderly organize sound accessibility of Government facilities and utilities to provide opportunity for progress and to use and utilize skills, talents of people for new ideas and innovation to spur technology in a diversity away from monopoly……….so to benefit public in an open competition faced with progressive challenges to perform and produce quality goods and services.

 

In Kenya, we were on the process of reforming the political process from the serious Corruption that almost destroyed Kenya during the election fall out in 2007/8 and where the election was stolen and the Country turned bloody.

 

The Progressives who want Change saw the unchecked corruption of big International Corporate businesses terrorize and exploit workers, children and women, drive health situation into disgrace, frustrate the local land owners and basically the local community became the target and primary enemy who must be forcefully be driven out of their land to the streets by force and the politicians and government workers turn a blind eye. This behavior made life totally unbearable and we cannot continue to maintain corrupt political leaders without going through a process of checks and balances during this period of Reform Change we have struggled for this far.

 

The Unscrupulous International Corporate Special Business Interest Scramble to Africa

It cannot therefore be denied that the reason for scramble to Africa by the International Corporate Special Business Interest network and collaborators are meant to engage in business acts that are unfavorable, irregular, unfair, illicit and unjustified job creation for our youth, children with the larger community through the pretence of Business investments to Africa, yet they basically engineered to invade Africa through schemed quiet attacks then take ownership and control of Africa's wealth, land, water towers and resources including human organs harvesting and decay for their gainful end. If logics make sense, this must stop and it must stop instantaneously. Things must change for better, things that unite, brings peace and generate love. We must engage in things that make sense and are meaningful to a larger population of the world; so in sharing we are fair and are able to care for each other in love. It is because we were created to love and care for one another, and not to destroy each other. What did the poor of Africa do to deserve such a destructive prejudiced conspiracy in their livelihood and survival and ultimately are driven away from their homes and land to a meaningless life on the streets for which they are expected to die hopelessly without dignity or value like wild animals, is this what the conspirators of corporate special business interest target for their wealth creation and is it fair ?????

 

Proposed Solutions

Where there is Law and Order, discipline becomes the Rule where all play by the same sets of rule. It is the determination of the people to instill the Rule of Law and it cannot be set at a distant future when the Reform Change we want is now.

 

Reform Change in Kenya is a Must and chapter 6 of the Constitution must be applied by the Judiciary to comply as it is the law. There is no short-cut to this and no lawyer is an angel who think they can twist and cook common sense according to their delicacy.

 

It is about time good people of the world unite and speak with one voice that Change cannot wait; it must be now.

 

There are a range of opinion and ideas that could be put to work in order to tackle the eminent corruption and poverty problem so life can be of meaning again:

 

a) A well meaning Government in Kenya with the rest of Africa to enact proper facilitating regulations and the Government system must be made feasible and functional by responsible and committed elected politicians of integrity. This means, the Reform Accord Agenda must play their part in the vetting of the political aspirants as mandated.

 

b) Overhauling of personnel must be replaced and transfers of the same in order for the change to take roots putting New Responsible Leadership with integrity to perform public service delivery with checks and balances and where Transparency and accountability becomes the order of the day.

 

c) Reform Educational programs and upgrade training in a devolved system.

 

d) International Treaty to monitor that Rights of Land owners and users are respected and business is fairly shared favorably e.g. under Private-Public Partnership or Cooperative undertaking

 

e) World Bank, IMF with other United Nations Financial Institutions must recognize their pivotal role as advisors in reforming laws favorable to all, where in the past they have failed because they supported corruption, favored the rich against the poor and they are the reason for Global economic crisis and collapse. The rich without shame continue to demand the lion share while the poor are dying.

 

Things must begin to change for better. The Corruption has spread like bush fire…..it is humongous. This corruption mess is not for Kenya or Africa alone. We must join hands and all people of the world are in this mess irrespectively and we cannot ran away from it but we must agree to fix it once and for all.

 

f) Government Administration services to public, support and development programs must clearly be accessible with ease providing details and time frame for processes, tools used and report results in a timely manner conforming to actual activities as is on the ground.

 

g) Census Report for population count must be publicized before election is done and if IEBC is un-informed about this, the public know their rights. If election is done without it, that election will not be legitimate.

 

h) The unscrupulous International Corporate Special Business Interest must pay their share of Remedy to repair the damage they inflicted to victims of circumstances and they too must be answerable to the United Nations for charges of crime, violation and abuse of Human Rights.

 

If good people of the world will remain united working in partnership and in Allies team up to do the above, the world will be too small for the unscrupulous International Corporate selfish and greedy to continue in their corrupt ways and corruption will not have room to survive. We will have found remedy to the worlds cancerous corruption ailment and begun to apply remedial medicine to secure healthy livelihood and survival fair to all and will be on the right road to our destination where pain and sufferings will be no more and Peace, Unity and Love will be found in abundance from any corner of the world under shared sacrifice common to all. Unity is strength people!!!......Unity for good cause is worth the while and we must not wait but get going……but, one thing we must not do, we must not sit and let the world be destroyed and be unmanageable. We are better than this and it is the reason God gave us brain and reward us with wisdom to do good to one another and not engage in evil……

 

It Must Be Deal or No Deal

MPs have no powers or authority to suspend Integrity and Responsibility test. They cannot have their cake and eat it too………Are we the people the Politicians' bosses (we the people are their employers) or are the Politicians our bosses (we the people their employees) ???? ….. The Line Must Be Drawn……..People have powers and we must use it for our advantages, to make the world a better place to live on at peace with each other. There is no reason for war or engage in conflicts if we have brains to negotiate and be fair to everyone.

 

In Kenya, the Reform Accord automatically formed part of Kenya's constitution and consequently became Ch. 6 in the Constitutional policy. Political Leadership of the Coalition Government took oath and swore to uphold the constitution and it was not in any way their preserve to demolish, restructure nor was the Reform Accord Agenda to be doctored in ways or form to suit Politicians' special interest. It stands as a Legislated policy as it automatically become part of the Constitution the Coalition Government was based and it must take precedence to apply Legal Jurisdiction appropriately to feature the purpose for which it was formulated……....Deal or No Deal………

 

It does not matter what IEBC specification frame-work will do for listing for electioneering of candidates and IEBC cannot be the mouth of the Judiciary. The Judiciary is supreme and it has its fundamental obligation to have the Court Panel to vet and certify giving politicians a Clean Bill of record allowing them to stand or not to stand and whether the Independent Electoral Commission will oblige and comply with the Judiciary is totally irrelevant. We must play by the rule people………again it was not for parliament to set mechanism for vetting political aspirants it is the Judiciary to set the Court Panel to do that……..

 

Public Finances

1) What must be done by the start of February, public demands that Budget Report be released for public to view Monitory Transactions Expenditure Report to show how funds were used and ascertain how public funds, loans, utilities, facilities and public resources were dished out comparatively against the returns……

 

2) Police Report Explain why there are too much extra-judicial and thuggery

 

3) Land Reform Report …….What happened to people who were forcefully migrated and driven out of their lands to pave ways for investors…….were they compensated, if yes, where is the report……

 

The result which will provide gateway authorization to issuance of the Certificate for clean bill of records to prospective vying candidates. To those who fail the Integrity and Responsibility test, the law is clear and it must show why they should not be prosecuted in a broader range of misconducts which will have been unearthed.

 

Politicians who were mandated responsibility over Public Wealth and Resources must give account under transparency and accountability and for checks and balances must prove worthy and people must be satisfied before they can be re-considered to continue working in public office rendering public service delivery. It is and it must be…..Deal or No Deal people……!!!

 

It is Deal or No Deal and the Law Must Prevail people……..Cheers !!!


 

Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com
 
 
 
 

MPs suspend integrity and academic laws in March poll

Updated Tuesday, January 08 2013 at 08:43 GMT+3
By Geoffrey Mosoku and Peter Opiyo
NAIROBI, KENYA: Enforcement of strident integrity laws and academic qualification as a precondition for running in elections will not apply for the March 4 exercise as had been expected.
This is because it now turns out that Members of Parliament connived to suspend parts of the Elections Act that provided for the academic qualification, and watered down legislation meant to operationalise Chapter Six of the Constitution on leadership and integrity.
The changes MPs made were buried in the raft of alterations they passed as a package under what in parliamentary parlance is called an 'Omnibus Bill'.
Consequently, the Independent Electoral and Boundaries Commission (IEBC) will not vet aspirants on integrity issues as Kenyans had demanded in the current Constitution, including delving into their past.
The commission will also not ask nominees gunning to be MPs, senators and women and county representatives for their academic qualifications. The demand that you must be armed with a university degree now only applies to those seeking to be governors.
Political parties were informed on Monday that persons seeking positions in the National and County Assemblies would not be required to provide any academic papers before being cleared to contest in the elections.
Section 22 (1) (b) of the Act stated that a person may be nominated as a candidate in an election if he or she holds a post-secondary school qualification recognised in Kenya.
The requirement has been put on hold until the next elections under the Miscellaneous Amendment Act of 2012, with the exception of the candidates for the presidency, governors and their running mates who must have degrees from local universities recognized by the Government.
Attach papers
"No one will be asked to provide post-secondary school education and consequently, IEBC is in the process of receiving the nomination rules once these amendments are gazetted," Registrar of Political Parties Lucy Ndung'u told the parties.
National Commission on Gender and Equality chairperson Ms Winnie Lichuma said by suspending the law, the IEBC will not require any person to attach academic papers while presenting his or her nomination papers.
The two were speaking on Monday at the Kenyatta International Conference Centre, Nairobi while addressing representatives of various political parties at a forum organised by the Kenya National Human Rights Commission (KNHRC) to explain how it will monitor their nominations to be held before January18th.
Ndung'u also revealed that IEBC would have a limited role, if any, in vetting the aspirants to ascertain if they meet the integrity test as set out under Chapter Six.
Integrity queries
According to the Registrar, individual candidates and their parties will fill and sign a form from the IEBC and must state that they are not disqualified under any law to contest.
"Once IEBC has received all nominations, then it shall publish all the names of contestants for various seats and it is at this stage that any Kenyan who has integrity queries on a person nominated may petition the commission," she explained.
It is only when a complaint has been lodged that IEBC would move to investigate the claims made against a candidate. Unlike in past elections the integrity bar for those seeking elective posts in March had been raised, thanks to the provisions in the new Constitution.
Consequently, hundreds of aspirants have been flocking various bodies to seek clearance to vie in the elections.
The bodies are digging into the aspirants' past to see whether they have criminal records, non-serviced university loans or have been involved in some form of professional misconduct.
But even as the bodies continue with the exercise, concerns are being raised over the ambiguity in law regarding the vetting process.
This follows the watering down of key legislation meant to implement Chapter Six of the Constitution by MPs in the last two years.
Though Chapter Six requires that public officers be people of high integrity, a detailed mechanism that was enacted by Parliament failed to confer legal mandate to relevant bodies to vet aspirants.
Legal backing
This, experts argue, presents a grey area that can be challenged in court, and whose application has been continuously blocked by Parliament.
Already IEBC has asked political parties to ensure their candidates get clearance from relevant bodies. These include the Police, Kenya Revenue Authority, Credit Reference Bureau, Higher Education Loans Board and the Ethics and Anti-Corruption Commission.
An initial provision in the leadership and integrity law gave the bodies the legal backing to clear the aspirants, but was removed by the Cabinet.
Parliament also failed to reinstate the requirement when the law came before it for enactment.
The Law Society of Kenya says this ambiguity may open up legal challenges because IEBC, for instance, would lack the legal authority to bar a candidate because he or she lacks a clearance certificate from HELB.
LSK Chairman Eric Mutua argues that political parties are asking their candidates to get clearance from these bodies out of fear, because other bodies that interviewed public officers set a precedent, and the electoral body might use this to block them.
Messed up
He, however, says there is no clear legal framework to vet the candidates after the Cabinet and Parliament shredded such provisions from the Leadership and Integrity Act.
There is no clear legal framework on vetting because the Cabinet and Parliament messed up the integrity law,'' he explained.
Parliament failed to outline a framework to guide the public and the candidates on how to conduct vetting, so the specific legal framework is wanting," adds Mutua.
He says parties were relying on precedents set by bodies such as the Judicial Service Commission when interviewing judges, and various panels that have interviewed various commissioners.
"Political parties are just being guided by certain trends set by some institutions that vetted candidates for public office such as JSC.
So political parties just borrow from these panels because they fear IEBC may use this to block them," says the lawyer.
LSK chief executive Apollo Mboya says should any aspirant be blocked, any one could go to court and seek interpretation, and that IEBC might ask for information on candidates from any institution, including professional bodies.
Legal teeth
But he concurs there is no clear framework for vetting.
"Everybody is looking at Chapter Six of the Constitution, but there is no way you are going to get a clear way to do it," says Mboya.
The chairman of the Parliamentary Committee on Justice and Legal Affairs, Njoroge Baiya says the Committee's attempt to give legal teeth to these bodies were thwarted when Parliament rejected the move, opening up room for ambiguity.
"There is an ambiguity because one can say there is no law giving IEBC powers to bar an individual from vying because he or she has not been cleared by another body," argues the Githunguri MP.
Last October three constitutional bodies said they would jointly vet those seeking elective positions. The Commission on Administrative Justice, The Ethics and Anti-Corruption, the Commission and the Director of Public Prosecutions were to carry out the exercise.
Commission for the Implementation of the Constitution filed a case in Court challenging the Leadership and Integrity Act as passed by Parliament.
 
 
 
CRA accuses Treasury of frustrating devolution
The chairman of the Commission on Revenue Allocation Micah Cheserem. CRA has said Treasury is out to scuttle the devolution of power and resources to county governments January 8, 2013. FILE

The chairman of the Commission on Revenue Allocation Micah Cheserem. CRA has said Treasury is out to scuttle the devolution of power and resources to county governments January 8, 2013. FILE

By ALPHONCE SHIUNDU ashiundu@ke.nationmedia.com
Posted Tuesday, January 8 2013 at 16:03
The Treasury is out to scuttle the devolution of power and resources to county governments, the Commission on Revenue Allocation (CRA) has said.

Speaking at a meeting with the House Budget Committee, which was also attended by Finance minister Njeru Githae and his technocrats, CRA chairman Micah Cheserem said the Treasury had failed to take on board a formula approved by Parliament in making allocations to each of the 47 counties.

"If the Treasury behaves the way it is behaving now, we'll not have county governments," Mr Cheserem told the MPs on Tuesday.

He said Mr Githae "was not an accountant" and was therefore at the mercy of the mandarins at the Treasury who had often "misled him" on the devolution of resources. Mr Cheserem added that the Treasury often "lectures" the CRA on how to do its job.

Mr Cheserem told Mr Githae to his face that he had not used the formula on revenue sharing to allocate money to the specific counties. He said all the counties should be allocated Sh30 billion to do their jobs. The Sh6.8 billion that the Treasury had allocated, Mr Cheserem said, and MPs agreed, had no basis in law.

"The danger is that if we don't do this well, we'll have lots of contestations when the governors come into office," said Mr Cheserem.

"It is not true that the minister has used the formula. He has not! We told the Treasury that they have to apply the formula, and allocate Sh30 billion to the counties as a minimum for the last four months of the financial year. If that doesn't happen, wait for a crisis," the CRA chairman said.

Mr Githae said the Treasury had settled on the Sh6.8 billion "on the advice of the Transitional Authority".

But an officer from the Transitional Authority, who had attended the meeting, later said the authority had not given the Treasury any figures. The committee, however, refused to accommodate the sentiments of the officer, because the Transitional Authority had not been invited to the meeting.

Skip meetings

The told the minister that he had skipped three meetings to discuss the Bills on devolution a week ago.

"We've got a feeling that if you had your way, you'd not have had a meeting with us to discuss these Bills," said Elias Mbau, the chairman of the Budget Committee.

The legislators said they saw mischief in the way the Treasury had handled the issue on devolution.

"Those of us with a political background know that devolution was killed at independence, when the Senate was killed. So we look at any move by the Treasury that is likely to scuttle the process, as suspect," said Ekwee Ethuro (Turkana Central).

But Mr Githae defended the Treasury. He said he was committed to making sure that the devolution succeeds as envisaged in the Constitution.

"Sometimes, we may not do what is ideal because of other considerations, such as inadequate time," said the Finance minister.

"We've not short changed any county."

 

 

 

MPs approve Sh58b supplementary budget

Updated 10 hrs 12 mins ago
By Peter Opiyo
Parliament finally approved Sh58.8 billion Supplementary Budget to enable the government fund its operations until the end of the financial year.
MPs endorsed the mini-budget even after they frustrated the move last week on account that Finance Minister Njeru Githae had not presented to the House County Bills that would determine revenue allocation and division to the devolved units.
Deputy Speaker Farah Maalim had warned that failure to endorse the motion would shut down government operations and put the country into 'a fiscal cliff', an American situation that is characterized by increased tax among workers and a cut in public spending.
"By shooting down the motion, we would shut down the operations of the government…we would experience some sort of 'fiscal cliff' and we don't need to use unorthodox means to frustrate the motion," Farah had warned MPs.
Factored in the supplementary budget is the additional allocation to the Independent Electoral and Boundaries Commission (IEBC) to help it conduct upcoming polls. Salaries for nurses, police officers and increased spending in other government projects are also factored in the mini budget. The money would also go towards administrative costs and operationalization of county offices.
Other expenditure are for security and other operational expenses related to the elections as well as funding for implementation of constitutional reforms.
The budget includes Sh50.7 billion as recurrent expenditure and Sh7.9 billion as development expenditure.
The Bills that the MPs demanded that the minister present were the Transition County Allocation of Revenue Bill, the Division of Revenue Bill, the County Allocation of Revenue Bill and The Transition County Appropriation Bill.
Githae tabled the Bills last week and they have now been set for debate but MPs again protested at the contents of the Bill saying they do not factor in the formula for allocation of revenue to the counties as passed by Parliament.
Dujis MP, Aden Duale argued the Bills were unconstitutional as they did not depict the 15 percent that should be allocated to the counties. The Constitution requires that at least 15 percent of the national budget should go to the counties.
He said instead of providing Sh30.4 billion to cover for four months the minister only factored in Sh6.8 billion, representing 3.3 per cent of the national revenue.
"The Bills presented by the minister do not provide money to cover the next four months. This House should not rubberstamp them because the minister is contravening the Constitution," said Duale.
 
 
 

MPs amend CDF bill, grant themselves more powers

Updated 50 mins ago
By PETER OPIYO
Members of Parliament would have more control in the management of the Constituencies Development Fund (CDF).
This is after the law makers amended the CDF Bill at the Committee of the Whole House to allow MPs to sit in the Constituency Fund Development Committees as ex-officio members.
The amendment to the Bill was floated by Rarieda MP Nicholas Gumbo and was supported by the legislators. But Yatta MP Charles Kilonzo warned against the move saying the presence of the MPs in the Committees would intimidate other Committee members.
"It is very difficult when an MP sits in these committees because their presence intimidates other committee members, so please think twice," Kilonzo warned.
CDF Committees play a critical role in prioritising the projects to be funded by the Fund and MPs have not been members but just patrons. Having MPs as patrons was meant to minimise their influence in the management of the kitty.
Projects funded by the Constituency Development Fund would also be cautioned from any expenses arising from its administration.
Another amendment by Gumbo would see five per cent of the total allocation for a project go towards catering for the administration expenses of the project. The Project Management Committee shall set aside this sum.
The MPs also edged out the Senate from oversight of the Fund by giving a Committee of the National Assembly to check the management of the Fund. There had been a proposal to have a joint Committee, which constitutes members of the Senate and from the National Assembly to oversight the Fund. But they voted against this provision saying the function should fall within the National Assembly.
"This is a Constituency Fund and I don't see where the Senate is coming in," said Sports Minister Ababu Namwamba.
School children would ,however, have a reason to smile for the Bill now recognises education bursary scheme, mocks and continuous assessment tests as development projects so long as they shall not exceed 15 per cent of the total funds allocated to the kitty each financial year.
An attempt to have the Fund used to fund religious activities and religious bodies was shot down by the MPs during the verbal vote at the Committee. The amendment had been introduced by nominated MP Millie Odhiambo-Mabona.
"We are criminalising religious activities… I want to take CDF and use it to support my church, "said Ms Odhiambo Mabona.
But Turkana Central MP Ekwee Ethuro, who is also the Chairman of the Parliamentary Committee on CDF, said such a provision would undermine the purpose of the Fund.
"We'll be undermining the purpose of CDF. The Fund is meant for poverty alleviation not for evangelisation," said Mr Ethuro. His view was supported by Mr Gumbo.
A provision to have at least 30 per cent of the development projects funded by the kitty be reserved for the youth also failed to sail through as MPs said it was tricky to implement. The proposal was floated by Mr Gumbo.
But Planning Minister Wycliffe Oparanya said there is already a government circular that gives the youth ten per cent in business opportunities and it would not be necessary to legislate on the matter.
Ekwee, Migori MP, John Pesa, Mosop MP, David Koech and Education Assistant Minister Ayiecho Olweny warned that implementing the requirement would not be practicable. But Ndhiwa MP Augustino Neto said the provision was good for affirmative action.
 
 
 

Government releases Sh10.1 billion CDF cash

Updated Thursday, January 03 2013 at 00:00 GMT+3
By Moses Njagi and Allan Kisia
The Government has released Constituency Development Fund (CDF) arrears amounting to Sh10.1 billion for completion of ongoing projects.
Finance minister Njeru Githae made the announcement in Parliament and assured MPs the money has been passed to the Ministry of Planning.
"Treasury has released all funds to Planning ministry to fund ongoing development programmes," he stated, while issuing a statement before the House. He noted that a circular had been issued to recall all district accountants who are on leave.
"Those who are working will not be allowed to go on leave until after the March 4 elections," he stated.
He urged the accountants to comply with the contents of the circular, which was issued on December 31, last year.
The Finance minister promised to liaise with his Planning counterpart Wycliffe Oparanya to ensure there are no hitches in disbursement of funds.
Mosop MP David Koech had sought to be assured MPs will be allowed to oversee use of the money even after their term expires on January 14.
Githae assured them that they will remain in charge of the kitty until the next legislators are elected.
"We should have a system where a legislator remains in office until another one is elected. If you are re-elected, then there is no need of being sworn-in again," he explained.
The release of the funds will facilitate the completion of development projects initiated by MPs.
Githae bowed to pressure from MPs last year and promised to release the funds. He asked MPs to ensure the funds are properly used.
Report reveals wanton mismanagement of CDF funds
Updated Wednesday, November 21 2012 at 00:00 GMT+3
National Taxpayers Association (NTA) National Chairman Mr Peter Kubebea
(left),joins Civil Society member George Okonji (right) and the members of the
NTA National Governing Council Board to display the CDF Citizen's Report Cards.
[PHOTO: ANDREW KILONZI/STANDARD]
By James Anyanzwa
An audit report on the use of Constituency Development Funds (CDF) in 10 constituencies reveals that Sh125.8 million out of the total allocated amount of Sh728.4 million has either been wasted on poorly done projects, or is simply unaccounted for.
According to the report released on Tuesday in Nairobi by the National Taxpayers Association (NTA), Changamwe Constituency was the worst performer among 10 constituencies sampled across the country, followed by Nambale and Butula constituencies in the ninth and eighth positions respectively.
The report says a whopping Sh12.9 million of the Sh31.6 million allocated to Changamwe Constituency was used on badly built projects.
Badly built projects
Other constitutes with poor record of use of CDF included Butula which wasted Sh36.4 million out of the total allocation of Sh99.6 million. Field studies revealed that money was mostly used on badly built projects, some abandoned while other were never put up, despite the fact that money had been set aside for them.
The same report has handed Eldoret North and Mvita constituencies a thumbs-up in terms of proper utilisation of Constituency Development Funds (CDF) during the 2010/11 fiscal year.
The audit report found that Eldoret North constituency's Sh89.9 million-kitty and Mvita constituency's Sh50.3 million were prudently spent on high quality projects that created value for the taxpayers' money.
Westlands wasted Sh489, 895, Tetu threw away Sh850,000 while Kisumu Rural squandered Sh11.7 million. Kisumu Town West also misused Sh5.5 million, Machakos Town threw away Sh15.2 million, while Nambale wasted Sh42.6 million.
Growing trend
While presenting findings of the report, NTA National Coordinator, Martin Napisa, noted a growing trend where politicians are increasingly channeling resources to areas that overwhelmingly voted for them during elections.
"NTA assessment of CDF in 145 constituencies has not only revealed poor project implementation, it has revealed a worrying trend where elected leaders concentrate resources in areas that overwhelmingly voted for them during elections," said Mr Napisa said.
"This is contrary to the principles of Public Finance (Article 201) which requires that the public finance system shall promote an equitable society and that revenue raised nationally shall be shared equitably among national and county governments and that expenditure shall promote the equitable development of the country including by making special provision for marginalised groups and areas."
The findings of the report represent a second follow-up of the constituencies audited in Phase 1 (2008) under NTA Building Citizen Demand Programme, Kubebea told a media briefing in Nairobi on Tuesday.
While launching the report, National Chairman NTA Peter Kubebea, called on the county governments to learn from the experience and challenges that have stalked the management of CDF kitty including.
Evenly distributed
"The coming county governments must look out for partisan interests that influence allocation of resources and ensure projects are evenly distributed across regions," Kubebea said as he addressed the media.
He also called on the custodians of the county Government to adopt the right to access of information as a powerful tool of governance.
 
 
 
 
MPs to sit extra hours in bid to clear business
PHOTO | FILE MPs Martha Karua, Boni Khalwale and Shakeel Shabir in the chambers during past proceedings.

PHOTO | FILE MPs Martha Karua, Boni Khalwale and Shakeel Shabir in the chambers during past proceedings. NATION MEDIA GROUP

By CAROLINE WAFULA cwafula@ke.nationmedia.com AND JOHN NGIRACHU jngirachu@ke.nationmedia.com
Posted Tuesday, January 8 2013 at 00:30

In Summary

  • Among the important business to be debated on Tuesday is the Sh58.8 billion supplementary budget, which MPs have so far declined to approve
  • Eleven of the 15 Bills to be passed on Tuesday will be passed on to the President for assent
  • In the last stages of debate are the Constituencies Development Fund Bill and the contentious Presidential Retirement Benefits (Amendment) Bill and the Retirement Benefits (Deputy President & Designated State Officers) Bill
Tuesday could be the last day of the 10th Parliament, if all goes as planned by the House Business Committee.
MPs will have a marathon day in the House, including an unusual morning session, in an attempt to clear 15 Bills before hitting the campaign trail in earnest.
The members, who are still slogging on in the House, are at a disadvantage because their challengers are already campaigning.
Among the important business to be debated on Tuesday is the Sh58.8 billion supplementary budget, which MPs have so far declined to approve. Finance Minister Njeru Githae will, yet again, be trying to get them to pass it.
The Independent Electoral and Boundaries Commission has set January 18 as the date when aspirants must formally seek nominations to contest the various seats.
Eleven of the 15 Bills to be passed on Tuesday will be passed on to the President for assent.
Parliament has broken the norm and agreed to meet in the morning and if MPs agree to pass the mini-budget and then the Bills, they will have set the stage for their departure.
Mr Githae has not adjusted the Supplementary Budget Estimates as per MPs' demands as they rejected the motion last Thursday before frustrating progress in Parliament by walking out. (Read: Kenya counties to receive Sh198bn payout)
Instead, the minister introduced four Bills demanded by legislators, which will on Tuesday be handled at the Second Reading stage, giving MPs the chance to start debating and suggesting amendments.
The laws are: Transition County Allocation of Revenue Bill, The Division of Revenue Bill, The County Allocation of Revenue Bill and the Transition County Appropriation Bill.
In the last stages of debate are the Constituencies Development Fund Bill and the contentious Presidential Retirement Benefits (Amendment) Bill and the Retirement Benefits (Deputy President & Designated State Officers) Bill. (Read: House receives Bills on State officers' pension)
The Finance Minister also wants MPs to approve an increase to the limit set for the country's total indebtedness from Sh800 billion ($9.3 billion) to Sh1.2 trillion ($14 billion).
Write off excess debts
Also lined up for deliberation is Sessional Paper No. 12 of 2012, which seeks to write off excess government debt owed by public sugar companies. The paper was laid before the House by Mr Githae. (Read: House team calls for Sh39 billion debt waiver for five sugar factories)
He will also be asking the House to adopt Sessional Paper No. 15 of 2012 on the Kenya Government Guarantee of a loan of Sh7.9 billion ($93,000,000) from European Investment Bank to Kenya Airports Authority for the rehabilitation and expansion of the Jomo Kenyatta International Airport.
A report by the parliamentary committee on Finance, Planning and Trade on the approval of the appointment of Mr Francis Wang'ombe Kariuki as the Director General of the Competition Authority of Kenya also appears on the list of the unfinished business awaiting clearance by the House.
Parliament is also expected to adopt draft Standing Orders of the National Assembly, the Senate and the Joint rules laid before it in a report by the Procedure and House Rules Committee.
Among the amendments lined up on the CDF Bill is a proposal to have funds allocated for a particular project remain allocated for that project, only to be re-allocated for any other purpose during the financial year with the approval of the CDF Board.
Key amendments by the chairman of the parliamentary CDF committee, Mr Ekwee Ethuro, however, target smooth relations in Parliament by creating a joint committee as opposed to only a Senate committee.
New sub-sections proposed include introducing a budget ceiling for each constituency.
The committee also wants the budget ceiling for each constituency to be determined by the Cabinet Secretary in consultation with the Joint Committee and with the approval of Parliament.
The Bill also establishes a county projects committee, whose main function shall be to coordinate the implementation of CDF projects.
Other Bills to be scrutinised by the House at the committee stage are the International Interests in Aircraft Equipment Bill, the Civil Aviation Bill and the Nairobi Centre for International Arbitration Bill, the Kenya Law Reform Commission Bill, the Science, Technology & Innovation Bill, the Technical & Vocational Education and Training Bill, the Minister for Higher Education, Science & Technology Bill, the Sports Bill and the National Government Co-ordination Bill.
 
 
Joshua Waiganjo for years posed as deputy PPO Rift Valley Province. (Courtesy/Standard)
By Moses Michira
KENYA: An internal secret investigation by high-ranking officers picked by retired Police Commissioner Mathew Iteere has concluded that the bungled Baragoi mission could have backfired following leakage by the impostor now in custody.
Pointing fingers at Joshua Waiganjo who infiltrated police force with claims he was an Assistant Commissioner of police when he was in fact just a Standard Eight dropout, the team also questioned why a Nakuru bank manager was incorporated in a police flight to Baragoi before the bungled raid.
Led by a Senior Deputy Commissioner of Police in charge of reforms, Mr Jonathan Kosgei, The Standard the team found out that the operation that led to killings of police officers and reservists was carried out against the advice of the police officers on the ground.
It also revealed how badly planned the doomed mission was, with no records kept either of the officers deployed or the manouvres they were required to engage in, and lacked even basic things like water, and when they were attacked, even the available helicopter wasn't sent to their rescue.
Interestingly, the 132 officers and reservists had been forced to walk for 10 kilometres in a single-file, and having been told they were pursuing only 35 bandits when they were, in fact, 1000, they were ambushed inside a valley where the enemy had shooting advantage and massacred.
All that time, as they fought for dear life in Suguta Valley, with the new police officers having not been paid their September and October pay while almost all had no competence in field combat, their commander was killing time in his hotel room in Baragoi, the report says.
Initial draft by the committee appointed by Iteere, sources reveal, was initially edited to keep Waiganjo's name off on what insiders called 'orders from above'.
However, when the new Inspector General of Police David Kimaiyo reported to office, he asked for full disclosure on the investigations and that is when the cover was reportedly blown off the faces of Waiganjo and a Nakuru bank manager who we cannot name at this stage for legal reasons.
Security meetings
"The conduct and the role of the alleged KPR (Kenya Police Reservist) commander – Mr Waiganjo "ACP" and...Nakuru Branch Manager to be thoroughly investigated particularly on suspicion of having betrayed the operation as they are reported to have attended various security meetings," reads part of the report by Koskei's team.
The committee found out Mr Waiganjo and the banker had attended several planning meetings in the build-up to the failed operation, raising the possibility that they were moles for the raiders planted to leak sensitive information that could help in the recovery of the stolen animals.
The possibility that Mr Waiganjo betrayed the security operation adds a new dimension to the web of cattle rustling which has led to thousands of fatalities among the security personel, and members of the Turkana and Samburu communities.
In the unfolding saga surrounding Waiganjo who is pictured variously in senior police uniform and rank, which was first exclusively reported by The Standard, last Friday, President Kibaki has ordered a ten-day probe even as local police officials deny colluding with or overlooking this gross violation of national security and professional code of conduct.
A more worrying link to possible betrayal contained in the report is that the Provincial Police Officer John M'mbijiwe ignored counsel of his juniors, who are based in the hostile Baragoi District, about the launching the operation without sufficient preparation and arming.
Recent claims have been made that Waiganjo could have been a dangerous criminal involved in robberies and extortion in several places, possible crimes for which he is now facing charges in court. The latest claims further reinforce the fears that he may have been an informer promoting the fraudulent cattle trade.
The damaging report points out loopholes in the planning of the operation to recover over 500 cattle stolen by the warriors from the Samburu, including relying on a Turkana moran in execution, and was likely to have misinformed the police.
"Planning of the operation was dependant on a Turkana tribesman whom under normal circumstances cannot divulge any information concerning his fellow Turkanas," the report read further.
Bad terrain
The district police bosses were opposed to the operation, saying the officers involved were too few, considering that the raiders were 'over 1,000' and that they had the advantage of knowing the terrain better.
The senior officers at Baragoi said they knew about the number of raiders and their firepower because two operations they had led in trying to recover the lost animals had failed as the officers were overpowered and repulsed.
It was puzzling for the committee that the operation commander, who was opposed the operation from the start, did not go to the battleground even when he was mandated to lead the recovery mission.
The report cites the opposition from the commander and the Samburu County intelligence officers had contributed to the poor planning of the operation, as there was no prior study of the terrain to determine the scope of the duty.
"The operation commander appears to have had no role as he remained in his hotel room in Baragoi town as the four sectors proceeded to the battle ground."
In what seems to confirm his involvement as a mole, Mr Waiganjo who had introduced himself as the commander for the Anti-Stock theft Unit in the Rift Valley did not attend the early morning recovery mission that ended horribly.
About 107 police officers were sent on the mission that started at about 1am, but were dropped more than 10 kilometres from the battlefront in Lomelok village, owing to poor road network. It is also regrettable that several security meetings were held in Baragoi, but no minutes were taken, Kosgei's team added.
"It also appears that the Provincial Security Intelligence Committee left the entire problem solving to the PPO and the Provincial Criminal Investigations Officers as no mention has been sighted on the Provincial Commissioner and the regional National Intelligence Service Coordinator having attended any meeting in Baragoi even after the incident,'' the report went on.
 
 
 

Bank admits ex-officer had links with Waiganjo

Updated 1 hrs 5 mins ago
By Vincent Mabatuk
NAKURU, KENYA: A Nakuru micro-finance institution branch manager has admitted that one of their senior officers had connections with Joshua Waiganjo.
However, it has emerged that the same officer left the bank to allegedly join the police force weeks after the bungled Baragoi police raid in which more than 40 police officers were killed by bandits at Suguta valley in Samburu.
Faulu Kenya Nakuru branch manager Michael Njiru Runji confirmed that Gerald Maina, who was a credit officer, accompanied the security team to Baragoi for a fact-finding mission but could not explain what his role was in security matters.
Instead, Runji who said Maina had already left the bank, referred The Standard to the institution's public image officer for all information regarding the saga.
"I am aware the story is of national interest and all information concerning the implicated staff is available for release. It is paramount you get the full information from our head office because anything you get should be correct and proper," said the manager.
But Githae defended himself saying the amounts that have been given to the counties is sufficient to run for the four months until the start of the financial year when county governments would draft their budgets for considerations.
 
 
 
Uhuru and Muthaura
DPM Uhuru Kenyatta and former Head of Civil Service, Francis Muthaura at The ICC during the confirmation of charges, in 2012. [Photo: File/Standard]
By Evelyn Kwamboka
KENYA: The ICC Prosecutor now says she has additional incriminating evidence sufficient to sustain murder charges against Mr Uhuru Kenyatta, Mr William Ruto and two other Kenyan suspects.
The enhanced murder charges were contained in updated documents of charges prepared by Gambia-born Fatou Bensouda on the serious crimes against humanity facing the four Kenyans.
The new document reasserts alleged meetings held at State House, Nairobi, with Uhuru playing the central role in planning the revenge attacks witnessed in Naivasha.
As for Ruto who the prosecutor saddles with the Kiambaa church killings in Eldoret, the Prosecutor introduces a new list of alleged accomplices he was supposed to have worked with in mobilising, coordinating and commanding the killings in the Rift Valley.
Key among the names is that of Industrialisation minister and Tinderet MP Henry Kosgey, who initially the prosecution sought to have indicted alongside the four, before he was let off for lack of evidence that the judges felt would sustain trial.
Also listed as Ruto's accomplices, though not for purposes of being charged by to show the depth of alleged planning and execution of a 'common plan' with military precision, are four senior former security officials from the Rift Valley.
They are two former military generals, John Koech and Augustine Cheruiyot, as well as former GSU and presidential service Commandant Samson Cherambos, who incidentally was one of the witnesses Ruto took to The Hague during pre-trial stage in a bid to clear his own name.
Also mentioned along this line is former international athlete killed in the clashes, Lucas Sang, as well as Mount Elgon MP Fred Kapondi.
Also listed as an accomplice is a renowned businessman and big-time farmer in Eldoret, Mr Jackson Kibor, a former ally of Ruto who was at first charged in a Kenyan court with the violence, but the charges were later dropped.
In her documents Bensouda outlined the kind of weaponry, strategies adopted to corner the targets of violence, the locations of attacks, and the manner in which the victims were executed as well as how the assaults were carried out and communication among perpetrators conveyed, to anchor the enhanced count she wants them charged with.
The evidence supporting murder charges during the 2007-2008 post-election violence, she made clear; also apply for the counts facing former Head of Civil Service Francis Muthaura, who is charged alongside Uhuru, and Kass FM's head of operations Mr Joshua Arap Sang, who shares his charges with Ruto.
It now means that Uhuru, who is the Jubilee alliance presidential candidate, and Ruto who is his running mate, will have to put up a bigger fight to extricate themselves from the cases that will start shortly after the March 4 elections, and on the day of a runoff if there will be one.
The additional evidence against Uhuru, who like the other three suspects, has denied he played a role in mobilising arming, coordinating and paying the two sets of attackers, is linked to six specific murders in which guns were used in Naivasha.
Ruto is also alleged to have been behind the murder at Nandi Hills where three people were killed as a result of petrol bombs. The attackers in Nandi Hills also allegedly used bows and arrows during the election violence according to the new evidence.
Bensouda says the additional evidence will convince the Pre-Trial Chamber to confirm the murder charges touching on those two areas.
"The prosecution respectfully informs the Chamber that since the confirmation hearing, the prosecution has obtained additional evidence to substantiate this factual allegation," she said in her submissions.
Accordingly, the prosecution intends to apply to the Pre-Trial Chamber to include the allegation touching on the murders to the court.
The new evidence on the Naivasha killings shows that victims were shot and their bodies mutilated to conceal gunshot wounds.
If the Pre-Trial Chamber judges confirm the alleged claims, the prosecution will have no option but to seek the Trial Chamber's permission to re-insert that charge.
Bensouda said the application was aimed at properly putting the defence team on notice. The prosecutor said that in the event she does not seek confirmation of the additional evidence, the prosecution might seek to lead the evidence during trial.
The latest twist comes following the Trial Chamber's decision to order the prosecution to remove the claims on six victims who were allegedly killed by gunshot wounds from the murder charge against Uhuru and Muthaura.
The evidence was also expunged over the three murders allegedly committed through Ruto and Sang's support in Nandi Hills town-ship.
Bensouda argues that Uhuru and Muthaura committed murder and forcibly transferred the population by allegedly adopting the common plan to commit widespread and systematic attacks in retaliation against perceived Orange Democratic Movement supporters in Naivasha and Nakuru.
They are also alleged to have established links with the outlawed Mungiki sect and secured support and services for President Kibaki's Party of National Unity and making use of existing outlawed Mungiki sect structures by establishing a localised level of subordinates among PNU politicians.
The document filed at the ICC court on January 5 further indicates that this allowed them maximum control over the attacks.
"Kenyatta and Muthaura participated in multiple meetings at State House in Nairobi on December 30, 2007 and about January 3, 2008 at the Nairobi Club," says the updated document.
The meetings were allegedly held to activate the Mungiki and pro-PNU youths by placing the organisation under their central authority and to implement a common plan.
Uhuru and Muthaura allegedly committed the crimes against humanity by soliciting the support and contribution of local politicians and businessmen, providing funds and weapons to direct perpetrators.
Lawyers defending Muthaura countered allegations that he instructed the police not to interfere with attacks in Rift valley.
The prosecution claims Mungiki and PNU youth were deployed in various parts of Nakuru where targeted communities were attacked using petrol bombs, knives, machetes and guns.
The prosecution claims in the document that the attackers shot their victims between January 24 and 27, 2008 and mutilated their bodies to conceal gunshot wounds in areas such as Kaptembwa, Sewege, Ponda Mali, Barut and Kapkures.
"From on or about January 27 to 28, 2008, Muthaura and Kenyatta committed, jointly with each other and through members of the Mungiki group and pro-PNU youth, crime against humanity of the murder of civilians perceived to be supporters of ODM," Bensouda stated.
Within that period, the prosecution said at least 23 victims were killed, including 13 children, in Naivasha.
It was in Nakuru that Mungiki and pro-PNU youth went from house to house rounding up and forcibly circumcising men from one community using pangas and broken bottles.
"Six people were treated at the Provincial General Hospital of Nakuru for traumatic circumcision," charges Bensouda.
According to the prosecution, Rift Valley suffered the biggest brunt of the violence with 700 deaths and 400,000 forcible transfers of the population recorded.
Ruto and Sang's defence counsel are to grapple with claims that between 2006 to January 2008, their clients, along with others, planned to forcibly evict from the province members of three communities that were perceived to be PNU supporters.
This they were to allegedly do in a bid to have the region vote as a bloc in future general elections.
"Ruto and Sang knew that their conduct was part of, or intended for their conduct to be part of, a widespread or systematic attack," she charges.
"Perpetrators armed with arrows and machetes attacked Langas on January 1, 2008," she stated.
 
 
 

ICC gets new witnesses on Kiambaa killings

Updated Tuesday, January 08 2013 at 00:00 GMT+3
By Standard Investigation Team
ELDORET, KENYA: The International Criminal Court (ICC) has flown out of the country two new witnesses, said to have fresh details on how the Kiambaa KAG Church in Eldoret was burned down.
The two were flown to Europe just days before Christmas. They had earlier on been interrogated in a neighbouring country where they are said to have given credible and consistent information on the church incident.
ICC Prosecutor Fatou Bensouda visited the Kiambaa Church on October 26, last year and sought to know more details on the church fire incident. Bensouda said there had been conflicting information especially as concerns the exact number of people who were in the church and those who died.
"The two new witnesses have credible information on what transpired and this may bolster the case against Kenyan suspects expected to face trials at The Hague starting April," said a source close to the investigation.
The source said ICC investigators have been interrogating people on the poll violence but eight of them who had been picked as possible witnesses have since been dismissed as not credible after they gave conflicting information.
Poll violence
Deputy Prime Minister Uhuru Kenyatta, Eldoret North MP William Ruto, former Head of Civil Service Francis Muthaura and Radio journalist Joshua Sang are expected to have the hearing of their case commence on April 11 at The Hague.
They face charges of crimes against humanity and it is alleged that they planned the poll violence in 2007/2008 during which more than 1,300 people were killed while another 500,000 were displaced, mostly in the Rift Valley.
The two new witnesses are said to have been at a home near the church during the incident, which occurred on January I, 2008. There have been different theories on what transpired during the incident.
One theory claims there may have been a gas cylinder in the church, which exploded as hundreds of families were seeking refuge following the poll chaos.
Another theory, however, indicated that a group of armed people attacking the church locked it from outside and set it ablaze. About 35 people who died in the poll violence including those who were not identified have been buried in the church compound.
Sources also indicate that the ICC has in its possession as evidence part of the communication between individuals concerning the fire incident at the church. Investigation into the poll violence is continuous and the prosecutors may use the new witnesses when the cases come up for hearing.
The court already has several witnesses placed under protection outside the country. Ruto and Sang face similar charges in Case One while Uhuru and Muthaura are in Case Two. They have hired prominent defence lawyers who will lead their defence.
All the suspects have denied the charges but the court confirmed the charges setting stage for the hearings.
 
 
 
 
Rift Valley police boss M'Mbijiwe interdicted over fake cop saga


Rift Valley PPO John M'Mbijiwe addresses a news conference in Nakuru January 05, 2013 where he denied links with bogus officer Joshua Waiganjo. Mr M'Mbijiwe was among three top officers interdicted over the saga January 8, 2013. SULEIMAN MBATIAH

Rift Valley PPO John M'Mbijiwe addresses a news conference in Nakuru January 05, 2013 where he denied links with bogus officer Joshua Waiganjo. Mr M'Mbijiwe was among three top officers interdicted over the saga January 8, 2013. SULEIMAN MBATIAH

By FRED MUKINDA
Posted Tuesday, January 8 2013 at 11:02

Rift Valley police boss John M'Mbijiwe is among three top officers interdicted by the National Police Service Commission over the fake policeman saga.

The Anti Stock Theft Unit (ASTU) commandant Remi Ngugi and Njoro Officer Commanding Police Division (OCPD) Peter Nthiga have also been sent home.

Mr M'Mbijiwe has been replaced by Levine Mwandi, a deputy commissioner of police.

Mr Ngugi's deputy Solomon Makau takes over as ASTU boss while Mr Nthiga has been replaced by Esau Ochorokodi.

NPSC boss Johnstone Kavuldi said the officers had been adversely mentioned during preliminary investigations.

He said their continued stay in office would interfere with investigations but maintained that the officers were innocent.

Mr Kavuludi said a team had been formed to spearhead the inquiry into the saga.

The team comprises of NPSC commissioners Mary Awuor, a former commandant of the CID training school and Dr Major (rtd) Muiu Mutia, formerly of the Kenya Army.

Others include members drawn from the Public Service Commission, Law Society of Kenya and representatives from the Attorney General and Inspector General of Police offices.

On Monday, Mr M'Mbijiwe and his predecessor Francis Munyambu who worked with the man charged with impersonating a senior police officer were summoned to Nairobi.
The two held meetings with Inspector-General David Kimaiyo and the National Police Service Commission.
Mr Waiganjo was arrested last week for pretending to be a senior superintendent of police but his family maintained that he was appointed to the position by former police commissioner Mathew Iteere.
 
 


 

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