-------------------Forwarded-------------------- Judy Miriga Diaspora Spokesperson Executive Director Confederation Council Foundation for Africa Inc., USA http://socioeconomicforum50.blogspot.com PM: State will pay victims of Garissa chaosSHARE THIS STORYUpdated Saturday, November 24 2012 at 09:06 GMT+3 By Boniface Ongeri NAIROBI; KENYA: Prime Minister Raila Odinga has said the Government will compensate residents whose property was destroyed during the recent security operation in Garissa. The PM directed the Ministry of Special Programmes to start assessing the damage caused during the Monday fracas sparked by the killing of three Kenya Defense Forces soldiers. Addressing residents along Kismayu Road in Garissa town yesterday the PM condemned the alleged shooting and burning of property by the soldiers terming it 'unfortunate'. "The soldiers were not acting on anyone's orders. While the killing of three soldiers was an act of terrorism it was no excuse to cause much destruction of innocent people's property," he said. He added, "There will be no fundraising by well-wishers to help victims, instead the Government will shoulder the responsibility." The PM also appealed to the residents to help the security officials to identify members of the terror group causing havoc in the area. Play no games with national securitySHARE THIS STORYUpdated 7 hrs 7 mins ago By Mohamed Wato Parliament was fully animated as emotions ran high because of terror sparked skirmishes and rapid reaction by the security forces in trying to apprehend terror elements; killers of three soldiers who had melted away into Garissa town after a murder spree. Suddenly, politicians were invigorated and united in cursing out the security forces for using excessive force, undertaking unauthorized operations and for the wanton destruction of property. Some had even gone further to term the security operation a mutiny. In reprimanding the military for Garissa incident, the MPs are missing the point. Emotions cannot solve the security challenges that have dodged the North eastern region of Kenya for a long time; particularly now, when we are dealing with asymmetrical forces of the Alshabab. The constitutionality of the military action in Garissa is a bone of contention. Our legislators are deluded for matters of security in this context cannot yield much for political investment. There is a thin line to navigate faulting security agents responding to terror attack. The chain of command and responsibility with respect to military involvement in internal security operations is dynamic and multi-faceted. The constitution is clear; there is a provision that gives the military authority to bypass official protocol to deal with threat when under attack, faced with deadly force. The need for self defence takes precedence before official protocol to seek clearance in the execution of a time sensitive security operation. Aid to civil authority is a secondary role of Kenya Defence forces. The military forces in Garissa must have played part in the operation, to assist the police apprehend criminals, those who committed crimes. It is not unusual to have the police collaborate with defence forces to preserve law and order. They teamed up during the post-election violence in 2007 and more recently during the Shujaa day celebrations, where the Army multiplied forces at the Nyayo national stadium, to secure and protect Kenyans alongside other law enforcement agencies, in order to deter security threats. Except for many praises coming from all corners, there was no talk of unconstitutionality of their deployment. The runaway insecurity and lawlessness in Kenya is something that must be dealt with firmly. Laissez faire approach is not a successful concept to deal with ruthless gangsters such as those who massacred the police in Baragoi or soldiers in Garrisa. The politicians need to be wise enough to exercise caution in dealing with matters that affect national security, peace, and tranquility. We must allow our security forces and law enforcement agencies to do their work undeterred, without impediments. Raila pledges to set up grants kitty for youthSHARE THIS STORYUpdated Monday, November 26 2012 at 00:00 GMT+3 By Moses Njagih NAIROBI; KENYA: Prime Minister Raila Odinga has pledged to bridge the widening gap between the poor and the rich if elected President. Raila said he would champion a system for a fair distribution of wealth to ensure equity. Addressing a rally in Kawangware, Raila said his government would put up systems to uplift the majority poor by setting up a kitty to provide grants to the youth. "We have started such programmes in the country, but we are still very slow. We now want to engage the fourth gear and speed up the war against poverty," he said. He added: "We will set aside a kitty to provide grants to the youth to start businesses, not loans because we do not want to burden their enterprises with requirements to repay the money." The Prime Minister said countries like South Korea, which were at par economically with Kenya at Independence but were now miles ahead, had embraced such programmes. "Unfortunately, here instead of us promoting such good governance, we are still playing tribal politics, politicians uniting their tribal groupings to seek power. Our agenda in ODM is to unite all tribes and be progressive," said the ODM Party leader. Raila urged Kenyans to register in large numbers to ensure they take part in the March 4 General Election. At the same time, Raila cautioned security officers against violating the rights of civilians. Among those who accompanied the premier were Industrialisation Minister Henry Kosgey, Assistant ministers Margaret Wanjiru and Joseph Nkaissery and Nairobi gubernatorial aspirants Evans Kidero and Philip Kisia. At one point, supporters of Wanjiru and Kidero engaged each other in an open contest as each side drummed up support for their preferred candidate. Nkaissery denied claims he was considering quitting the Orange party for Deputy Prime Minister, Uhuru Kenyatta's The National Alliance, saying he could not support a candidate who is facing criminal charges at an international court. "We know our friends could be innocent but they are still suspects. I cannot hold my country to ransom by attracting sanctions from the international community in the name of voting," said Nkaissery. MPs at risk of being barred from running SHARE THIS STORYUpdated Monday, November 26 2012 at 00:00 GMT+3
By Wahome Thuku NAIROBI; KENYA: With only 14 weeks to the General Election, Members of Parliament with court cases could be barred from running unless the matters are concluded in their favour by January 4 next year. Their greatest fear of the 12 legislators is that given the way courts operate it is foreseeable that some of the cases might not be determined in the remaining period. In that case they could be blocked from running for any political office in line with the high integrity standards set by Chapter Six of the Constitution. There will, however, be debate on whether such a decision would be fair as they would not have been judged guilty or innocent until the courts give their rulings. But proponents of such a move say Chapter Six is now law and one is required to step aside until cleared to enforce integrity in management of public affairs and leadership in general. As things stand, given that most of the cases are criminal in nature, the suits portend a serious risk to the political careers of the MPs in question since the Independent Electoral and Boundaries Commission (IEBC) will only clear those without court cases. There is a precedent set by the court ruling that Kenya Revenue Authority (KRA) commissioner Mr Mumo Matemo was unfit to head the Ethics and Anti-Corruption Commission because of integrity issues raised against him that are still in court. The new trend was reinforced when Ms Nancy Baraza, Deputy Chief Justice and Vice President of the Supreme Court, quit after a security guard alleged she insulted and slapped her. Lawyer Gitobu Imanyara and civic rights observer Ndung'u Wainaina argue that the question of integrity goes beyond criminal charges. "The issue of integrity is bigger even than a criminal case and there is no way one can one can contest for public office while saddled with integrity issues," said Imanyara. names reinstated MPs on the spot include a Cabinet minister and Assistant ministers whose careers are not guaranteed unless the cases are heard and terminated before January 4, 2013 when IEBC is expected to clear candidates nominated by political parties. Cabinet Minister John Munyes who is also the MP for Turkana North last week failed to stop his prosecution over incitement to violence charges. Forestry Assistant Minister Josephat Nanok and Turkana Central MP Ekwe Ethuro were arraigned in court last week charged with incitement to violence, but on Wednesday the court rejected the charges saying the charge sheet was defective. The two together with Munyes had been charged with making utterances in connection to the Suguta Valley massacre of over 40 police officers. Munyes had moved to the High Court to stop the prosecution, which was rejected. They have already expressed fears that the police could arrest and arraign them in court with an amended charge sheet, casting a long shadow on the careers of the three. Some of the MPs have managed to stop their prosecution, but the cases remain alive in courts and may be kick-started before the nomination of candidates in mid-January. Two Presidential contenders, Mr Uhuru Kenyatta and Mr William Ruto are awaiting the decision of the High Court on their suitability to hold public office with their trials for crimes against humanity pending at the International Criminal Court (ICC). The High Court has been asked to determine if the two meet the requirement of Chapter Six of the Constitution. Last week, the High Court dismissed an appeal filed by applicants of the Uhuru-Ruto case seeking to suspend the hearing. They wanted the names of Prime Minister Raila Odinga, Deputy Prime Minister Musalia Mudavadi and Vice-President Kalonzo Musyoka recently expunged from the case, reinstated. The application asking the three-judge Bench to disqualify itself from hearing the case was also rejected, and the matter will now come up for hearing on Thursday. The Sh41 million-corruption suit trial against Naivasha MP John Mututho is the case that has taken the longest time to conclude, having started in 2005. He is charged with fraudulently obtaining money from Kenyatta National Hospital as reimbursement for import duty and Value Added Tax. Embakasi MP Ferdinand Waititu who is aspiring for the Nairobi governorship, is facing incitement charges filed in September this year, which cost him his job as Water Assistant minister. He is accused of having incited his constituents to violence and uttering hate remarks. The case is yet to start and on Monday Waititu tried to convince Nairobi Chief Magistrate Kiarie wa Kiarie to speed up the trial. The case was adjourned to January next year. It is unlikely to be concluded by nomination time. Before the same magistrate is Galole MP Dhadho Godhana standing trial for incitement arising from the ethnic clashes in Tana River Delta two months ago. Godhana also lost his Livestock Assistant minister post. The prosecution is about to close their case and the trial could be concluded by the end of the year. False information Gatundu North MP Clement Waibara who intended to defend his Parliamentary seat is charged in Nyeri with conspiracy to kill his former political ally Mr Bernard Chege Mburu. On Wednesday his lawyer asked the court to expedite the case. "If this case is not expedited, it could ruin my client's political career," Mr Evans Ondieki representing Waibara told the court last week. Makadara MP Gidion 'Sonko' Mbuvi faces charges of assaulting a police officer at the Jomo Kenyatta International Airport in February. The case, which is yet to start, is before the Kibera court. In April, Gem MP Jakoyo Midiwo managed to stop the police from charging him with giving false information on an alleged plot to assassinate Raila after he moved to the High Court in April and stopped the police from arresting him, but the case is still alive in the courts. In Mombasa, ODM Nominated MP Sheikh Mohammad Dor was charged last month with incitement to violence after remarks he allegedly made in connection to the controversial MRC and the violence that rocked the area. He was released on Sh2 million bond and the case is yet to start. Limuru MP Peter Mwathi has also stopped a prosecution against him over alleged hate speech. The charges were to be filed in court in August this year, and his High Court case that stopped the prosecution is still pending. No compensation for Garissa violence victimsBy CHARLES MWANIKI cmwaniki@ke.nationmedia.com Posted Saturday, November 24 2012 at 22:00 Special Programmes minister Esther Murugi on Saturday said there was no money to compensate victims of the recent violence in Garissa. Responding to instructions by Prime Minister Raila Odinga that her ministry evaluates the extent of the losses in Garissa to facilitate compensation, Ms Murugi said that the government does not compensate those who incur losses during riots. She dismissed the PM's instructions, saying they were issued informally at a baraza, adding that her ministry does not usually receive instructions from rallies. "My ministry received Sh84.5 million for emergencies and, out of this amount, some Sh40 million has already been spent," she said. The minister added that in the event the Cabinet approves compensation, the amount of money in the emergency fund would not be sufficient to pay those who suffered losses in Garissa, hence there would be a need for more funds. She spoke after registering as a voter at Kiamuiru Primary School in Nyeri town constituency.
Pattni returns to haunt Kenyans with dirty Kanu era rip-off schemes
By MUGUMO MUNENE mmunene@ke.nationmedia.com Posted Saturday, November 24 2012 at 22:00 In Summary
Kenyans risk losing billions of shillings in a new a scheme hatched by disgraced tycoon Kamlesh Pattni. Mr Pattni is locked in a vicious court battle with the Kenya Airports Authority (KAA) over the control of the lucrative business in duty free shops. The dispute is threatening to delay the multi-billion shilling expansion of the Jomo Kenyatta International Airport to make it a regional aviation hub. At the centre of the controversy is the control of duty free shops in the new Terminal 4, whose construction is expected to be completed early next year. Mr Pattni claims all the shops in the new terminal and those to be constructed in the future belong to him and cannot be rented out without his permission. The battle was triggered by a tender advertisement by KAA inviting interested parties to bid for shops in the new terminal. Mr Pattni rushed to court claiming that his World Duty Free Company had exclusive rights to shops in all airports built by KAA. He cited a 1991 agreement with the government that gave him indefinite lease over the premises. On November 8, 2012, the court cancelled KAA's tender and upheld Mr Pattni's claim that he had the exclusive rights to operate the business infinitely. Personal properties The court directed KAA to cancel the tenders by last Thursday, failing which the personal properties of the managing director, Mr Stephen Gichuki and Corporation Secretary Joy Nyaga would be seized and forfeited to the State. "I find and hold the respondent (KAA) through its principal officers — the managing director and the corporation secretary — to be in contempt of court and the managing director and the company secretary of the respondent to also be personally in contempt of court for having knowingly and deliberately disobeyed the order of this court dated September 17, 2008," ruled Justice Joseph Mutava. Mr Pattni had gone to court earlier in 2008 and obtained a temporary injunction restraining KAA from awarding any tenders for the development, management or operation of duty free shops A, B and C within the airport. Mr Justice Mutava is under investigation by the Judicial Service Commission over allegations of impartiality in his rulings on companies associated with Mr Pattni. The Law Society of Kenya (LSK) has in the meantime asked its members to submit any information they may have regarding Mr Pattni's cases since August 2011. "The Law Society is compiling data on the manner in which certain matters have been listed and heard in the Judiciary as from August 2011 to date. This is to request all members who have had any matters for or against one Kamlesh Pattni and or his companies to let us have information on the following. . ." says the notice signed by LSK secretary Apollo Mboya. Among the information being sought is the date of filing the case, the parties involved, how it was filed (certificate of urgency or not) and the presiding judge. The dispute over duty free shops dates back to an agreement between the original owner of World Duty Free and the Kenya government on April 27, 1989. The owner of the company – and the man who introduced duty free shops in Kenya – is businessman Nassir Ibrahim Ali who has since said that he paid a $2 million (Sh170 million by today's exchange rate) bribe to former President Moi to be allowed to start the business. The International Centre for Settlement of Investment Disputes in Washington found that the bribe was indeed paid, rendering the agreement illegal. After the ruling, Mr Pattni wrote to KAA informing the organisation that he would henceforth trade under the name Diplomatic Duty Free, having transferred interests of the previous company to the new outfit, save for some two per cent shares. The agreement was signed by Mr Pattni and a top official at KAA without the board's approval. In making the move, Mr Pattni was evading the possibility that the government would nullify his contract with KAA to run duty free shops on the basis that it had been found to be illegal because of the $2 million bribe. Surprisingly, the government did not enforce the ruling. Mr Pattni's fight with KAA is running concurrently with another in which a bank associated with Mr Pattni has sued the Central Bank of Kenya for an estimated Sh5 billion. Last week, Oriental Bank went to court over botched transactions that can be traced back to the Goldenberg scandal in the 1990s. Oriental Bank then traded as Delphis Bank and was controlled by Mr Pattni and businessman Ketan Somaia before him. The latest move by Mr Pattni – a self-professed televangelist - adds to the long list of schemes he has used to acquire obscene amounts of wealth and ensure that law enforcers are always a step behind him. The November 8 court ruling has been described as a "miscarriage of justice" and would compel the KAA to operate at the whims of Mr Pattni. The authority has appealed Justice Mutava's decision. "There has been a grave miscarriage of justice in the decision of the High Court and hence there has been no fair administrative action," it says. Duty free shops Mr Pattni is also claiming an estimated Sh6 billion ($70 million) from KAA after the parastatal brought down duty free shops that were blocking access to one of the boarding gates. This followed pressure from airlines demanding more space for picking and dropping passengers to avoid the congestion that was choking operations at the international departure terminal. Sources familiar with the case say Mr Pattni had ignored notices to move the shops and the matter is still pending in court. The businessman has also refused to relocate a bonded warehouse that stands on the path linking Terminal I and Terminal 4. This has slowed down the construction works and could mean more financial burden for the taxpayers if KAA forcibly pulls it down and Mr Pattni rushes to courty for compensation as he is wont to. Currently, JKIA lags behind other international airports by offering almost similar products for sale through small, crowded duty-free shops in cramped space. Terminal 4 is part of the airport's upgrade project, which began in 2006 and is being carried out in three phases. Phase one, which involved the building of parking space has been completed while the other phases are going on concurrently. KAA has invested heavily in passenger comfort at Terminal 4 with a clear division between arrivals, departures and transit passengers. This is meant to enhance efficiency and ensure all passengers get to where they need to be with minimum delay. Other proposed amenities include financial services such as ATM lobbies and forex bureaus, bookstores, beauty parlours, a spa, airline lounges, meeting rooms and food outlets. Also in the line-up of the lucrative businesses – which in turn will pay rent to KAA - are shops which would sell exclusive clothing items from world renowned designers targeted at high-end travelers. At present all the rent—estimated at millions of shillings—goes to Mr Pattni. Goldenberg scandal The controversial businessman rose to notoriety on the wings of the Goldenberg scandal which he hatched and executed between 1991 and 1993 and through which he siphoned up Sh100 billion from public coffers. The scheme was a web of lies, deception and fraud through which Mr Pattni purported to export gold and diamond jewellery through his Goldenberg International. The government would then pay him a concession for earning the country much-needed foreign exchange. It turned out that Mr Pattni was exporting hot air and would fake paperwork for payment in connivance with unscrupulous senior civil servants. Former Economic Secretary at the Treasury Prof Terrence Ryan estimates that it will take three generations for the economy to recover from Mr Pattni's rip-off. A commission of inquiry appointed in 2003 to unravel the scandal found that Mr Pattni was the mastermind and central beneficiary of stolen money. "Pattni is therefore shown conclusively and largely on his own admissions and documents, to be a perjurer (one who gives false evidence on oath) a forger, a fraudster and a thief," the commission chaired by Justice Samuel Bosire concluded. Mr Pattni has also been detained in various jails on various charges, including murder. He was arrested on several occasions in the early 1990s on charges of bribing a judge and forgery. In 2005 he was accused of murdering his German bodyguard but was freed for lack of evidence after he had spent 16 months in detention. Pattni fights to block airport story One of the representatives of Mr Kamlesh Pattni speaks to security personnel at the Nation Centre reception in Nairobi on November 24, 2012. Photo|STEPHEN MUDIARI NATION MEDIA GROUP By NATIO REPORTERS Posted Monday, November 26 2012 at 00:30 In Summary
The key perpetrator of the Goldenberg scandal that cost Kenya an estimated Sh100 billion at the weekend made frantic efforts to halt a Nation expose of yet another scheme that could cost the taxpayers dearly. On Saturday, a group of process servers arrived at Nation Centre armed with what they claimed were court orders barring publication of a Sunday Nation article on a plot to take control of all duty free shops in the new Terminal 4 at the Jomo Kenyatta International Airport. What Mr Pattni's agents were brandishing, however, was not a court order but a threatening letter from his lawyer Bernard Kalove, warning the Nation Media Group and individual editors and writers that they would be in contempt of court if the Sunday Nation article was published. The letter cited a court order issued on November 21 by magistrate C Obulutsa at Nairobi's Milimani Commercial Courts, barring the "printing, publishing, uttering or writing any words defamatory of our clients, Mr Pattni, whether in his personal capacity, his business, profession or calling in any capacity without first verifying the accuracy of such information by written confirmation from Mr Pattni and the relevant authorities". On Friday, Mr Pattni, his aides and emissaries made numerous frantic calls asking to meet editors working on the story but was turned down on the basis that the reportage was based on court and other documents. The businessman stepped up his efforts after the Saturday Nation carried an advertisement inviting readers to the reportage of Mr Pattni's new schemes. (READ: Pattni returns to haunt Kenyans with dirty Kanu era rip-off schemes) He then sent a lawyer, a Mr Owino, who sought to serve what he called court orders on the Sunday Nation to stop the publication of the stories. Mr Owino was accompanied by a woman who said she was Mr Pattni's personal assistant and seven other individuals. Some posed as customers seeking advertising space as they looked for means to serve the editors with the papers. The team camped at the Nation Centre for three hours. In turn, the editors informed them on phone that the legal department staff members were away and would only be available on Monday. They were escorted out of Nation Centre by security guards but Mr Pattni and his emissaries kept making calls. On Sunday, the Law Society of Kenya praised the Nation for standing its ground to publish the stories. "Gagging orders do not arise on matters of public interest so long as you do not go into the merits or demerits of a case and there are precedents to that effect," said LSK secretary Apollo Mboya. |
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