[wanabidii] Why Uhuru’s New York visit will be watched keenly

Consequences are real.........Public Trustee must be accountable.

Judy Miriga

Diaspora Spokesperson &

Executive Director for

Confederation Council Foundation for Africa

USA

http://socioeconomicforum50.blogspot.com

email: jbatec@yahoo.com

 

 

 

Wednesday, August 21, 2013

Why Uhuru's New York visit will be watched keenly

Kenya's President Uhuru Kenyatta (left) and his Chinese counterpart Xi Jinping shake hands during a signing ceremony at the Great Hall of the People in Beijing on Monday. Mr. Kenyatta urged Kenyan and Chinese businesspeople to adopt strategies that will boost the economy and grow jobs in the two countries. PHOTO | AFP

In Summary

• Events of the last six months have seen Mr Kenyatta's name feature prominently at the United Nations Security Council as the Kenyan government sought to have the International Criminal Court (ICC) criminal proceedings against him and two others terminated.
• The subsequent events - like Obama's 'snubbing' of Kenya during his recent African tour – have been seen by many as a confirmation that indeed Mr Johnie Carson, the former Assistant Secretary for African Affairs, was speaking for president Obama when he said that choices have consequences.

UHURU KENYATTA

By B M J Muriithi
More by this Author

In the next three weeks, even before President Uhuru Kenyatta recovers from his Chinese trip jetlag, all eyes will be on him once again as he makes his maiden cross-Atlantic voyage to the United States – his first such trip since becoming Kenya's president.

And although this will not be a state visit, his presence in New York will nevertheless draw curious glances from both friend and foe, as well as political analysts.

Speaking to the Nation by phone on Monday, Kenya's ambassador to the UN confirmed that Mr Kenyatta will be attending this year's United Nations General Assembly (UNGA) in New York. Mr Macharia Kamau said the president will, in keeping with tradition, lead the Kenyan delegation to the summit in mid-September.

Mr Kenyatta's visit will be a first of sorts for several reasons. First of all, it will be the first time that a Kenyan President will be attending the session as a representative of a UN-debt-free-nation. Last November, Kenya was named in the UN roll of honour as one of the member states which had cleared all their outstanding dues.

Out of 193 countries, only 31 were fully paid up and Kenya was among them. During the 2012-2013 UN financial year, Kenya paid over $51.7 million (over Sh4.2 Billion) as its contribution to the regular budget. At the time, Under-Secretary-General Yukio Takasu paid tribute to Kenya, saying the fulfillment of her financial obligations in its entirety is a clear indication of its commitment to the virtues espoused by the global organisation.

Secondly, besides making his maiden speech at the plenary session of heads of state and government, it will also be the first time that the Kenyan leader will be visiting the United States since becoming president.

Ordinarily, the visit would pass for just another African leader routinely attending the august summit. However, events of the last six months have seen Mr Kenyatta's name feature prominently at the United Nations Security Council as the Kenyan government sought to have the International Criminal Court (ICC) criminal proceedings against him and two others terminated. For this reason alone, many world leaders who may not have met Mr Kenyatta in person will be keen to see the man who was the subject of such intense lobbying.

And then there is the not-too-cosy relationship between Mr Kenyatta and US president Barack Obama.

Although the United Nations Charter declares the UN headquarters in New York autonomous from the United States, a sitting US president is still considered the host head of state owing to the fact that the headquarters are situated on US soil.

It is expected that many will be keenly observing Mr Obama's body language, especially should he avail a photo opportunity to Mr Kenyatta, which is something he usually does with heads of State and government on the sidelines of the General Assembly.

It will be recalled that in the run up to the last general election in Kenya, a senior official in the Obama administration made the now famous remark which was considered unsavoury by members of the Kenyatta led Jubilee coalition. The subsequent events - like Obama's 'snubbing' of Kenya during his recent African tour – have been seen by many as a confirmation that indeed Mr Johnie Carson, the former Assistant Secretary for African Affairs, was speaking for president Obama when he said that choices have consequences.

It is also not lost on many that the New York visit is coming barely a month before Mr Kenyatta's trial at the ICC opens in The Hague, slated for November 12.

In May this year, ambassador Kamau wrote a widely publicized letter to the Security Council in which he said that the Kenyatta administration feared possible chaos and violence in the country should the ICC cases go to trial. "What this delegation is asking for is the immediate termination of the case at The Hague," the letter, stamped as confidential, said in part.

But the envoy's efforts came a cropper as the Security Council said it can only seek a deferral and does not have the authority to order the ICC to drop a case completely. Besides, key members of the powerful body – including the US and the United Kingdom - are on record as openly opposing any move to have the cases terminated.

Should Mr Obama find a moment for a tete-a-tete with president Kenyatta, I would wish to be a fly on the wall and listen in as the latter would most likely seek an explanation as to why the former has openly endorsed his ICC indictment yet the United States is not a state party to the Rome Statute, which established the international court.

If the discussion takes that direction, I can see Mr Obama trying to change the topic and asking the Kenyan leader what he really sees when he looks East (based on a recent commentary by Mr Kenyatta in which he praised China and other countries).

After a pause, Obama will then seek to know whether the Sh425 Billion deals Kenyatta recently signed with China were tied to any human rights and democratic practice conditions.

I can see Mr Kenyatta trying to suppress an urge to tell the leader of the free world off by asking him whether the money America has continued to spend on Egypt (in excess of US$1.3 Billion annually) even long after it became crystal clear that there is little democracy to write home about in that part of the world was also pegged to such Human Rights principles.

But the son of Jomo will know better than to utter such words in the face of the son of Obama Snr. He will quickly remember that the Gikuyu have a saying which considers it the apex of bad manners to leave a mess in your bed, especially when such bed is offered to you by a man who rules a country on whose soil you stand.

BMJ MURIITHI is a Communication and International Relations major at Atlanta Metropolitan University.

 

 

Africa 50: Business as usual will not finance the infrastructure projects needed

Donald Kaberuka.

By Donald Kaberuka

Posted Saturday, August 17 2013 at 11:21

In Summary

• The global economy is slowing down. The big question we need to ask is whether or not in this gloomy environment Africa can maintain the pace of the past decade.
• No country in the world has been able to maintain seven per cent GPD growth and above sustainably unless the infrastructure bottleneck is overcome.
• My own assessment is that Africa can still maintain the momentum if we emphasise inclusive policies.

The progress Africa has been making is in some measure a reflection of our collective efforts in our respective mandates, from peace building, entrenching governance, regional integration and financing infrastructure.

The global economy is slowing down. The big question we need to ask is whether or not in this gloomy environment Africa can maintain the pace of the past decade.

My own assessment is that Africa can still maintain the momentum if: We emphasise inclusive policies, which are not only good politics but also excellent economics; there is greater integration; and there is faster progress on global value chains.

The one thing that can really stop the recent performance in its tracks is infrastructure. No country in the world has been able to maintain seven per cent GPD growth and above sustainably unless the infrastructure bottleneck is overcome.

We are today, all sources combined, hardly able to put together $45 billion a year for infrastructure, leaving an annual gap of a similar volume. We are all doing different things in our respective regions with new initiatives and funds being created, but let us face it, there is limited additionality and no critical mass.

We have not come to a dead end, but we are at a fork in the road. The ongoing initiatives will not bring us to scale.

Business as usual will not finance our infrastructure. Our governments are doing more as they raise more revenues.

This is encouraging; many projects will still require public money, which is why greater efforts at mobilising domestic resources are key. Development partners will continue to be needed.

But the tight financial situation they face is real. Go out there and get ratings. Accessing capital markets, as many countries are doing, is commendable. More countries should get out there and get ratings, provided we can invest wisely and manage debt.

But of course there will be limits. And with the end of quantitative easing, markets at some point will be tight.

The current natural resources boom provides an opportunity for those who have them, provided the taxes and other sources of revenues due are paid. Building on our track record
in infrastructure, we at the African Development Bank have at been reflecting on how to create a vehicle to complement existing instruments.

Study after study has shown that there is a reasonable pool of savings in Africa that can help in funding our development. Those funds are typically invested in European or US paper and are available only if the business proposals are attractive.

Those managing the funds are fiduciaries and they will part with the money only on clear commercial considerations. If that is true for Africa's pool of savings, it is also true for external savings.

There are three problems: One is the perennial problem of lack of ready-to-go projects.

Secondly is the even larger problem of finding those that are commercially viable and bankable. Lastly, there is the need for a vehicle that does the necessary risk mitigation, credit enhancement, provides investors with assurance of a good return, security and, in the case of central banks, liquidity as well.

Marine police deployed to Todonyang over insecurity

Updated Wednesday, August 21st 2013 at 13:41 GMT +3

By Lucas Ngasike

TURKANA, KENYA: The Kenya Marine police have been deployed to Todonyang border point along Lake Turkana to contain Merille militia threats on Kenya â Ethiopia border.

Turkana Police commander Emmanuel Karisa said the police unit will patrol the area to ward off Ethiopian Merille militia who recently killed 11 fishermen in Lake Turkana and stole five boats and fishing gears.

The Police commander said the officers will set up base in Todonyang.

âThey will be permanently based there to deal with Merille militia who have continued to threaten peace in the region," Karisa said.

For the last two weeks, the heavily armed militias have crossed to the countryâs border and took 90 percent control of Lake Turkana and dominated fishing activities in the area after they sent locals fleeing for their safety.

Karisa said the marine police will also carry out their security surveillance along Lake Turkana to curb illegal incursion by the militia into Lake Turkana.

Turkana North DC Eric Wanyonyi said the Merille militias had encroached more than 14 km inside Kenyan territory at the river Omo delta in the lake where there are abundant fish stocks.

âWe will soon flush them out from Kenyan territory.We cannot condone armed foreigners crossing into the country to displace locals and take control of Lake Turkana resources," Wanyonyi said.

The DC said they had also contacted Ethiopian authorities to restrain its people from crossing to Kenya borders with arms.

"We have made it clear to them that they should not blame us for any consequences arising from these illegal incursions," he added.

The administrator noted that the Merille militias have occupied Kenyan territory citing Lopeilele and Apalokwang deltas which lies inside Kenyan borders.

Their days are numbered, we will soon flush them out from Kenyan waters.Infact where the militia have occupied is a fishing breeding zone which they have interfered with," Wanyonyi lamented.

Turkana North legislator Christopher Nakuleu accused the Ethiopian authorities of allegedly arming the Militia to take control of Lake Turkana resources.

We know these rogue Merille militia are being armed by Ethiopian authorities to kill Kenyan fishermen and displace them from their homes so that they dominate fishing activities a cross Lake Turkana," he claimed.

Kenya's debt jumps, risks raising borrowing costs

August 21st 2013 .....11.10 a.m. 2 hrs. Ago.....

NAIROBI (Reuters) - Kenya's public debt hit 51.7 percent of national output in the year to June, official figures showed on Wednesday, up from 44.5 percent the previous year and raising questions about the likely yield required for future external borrowing.

The National Treasury said Kenya's total public debt rose 16 percent to 1.89 trillion shillings in the fiscal year to June.

The east African nation, which plans to spend 1.6 trillion shillings in the fiscal year that began on July 1, has in the past said it aims to reduce its ratio of debt to gross domestic product from around 45 percent in the medium term.

In documents filed to the International Monetary Fund in April, the government put the net total debt to GDP ratio at around 44.5 percent at the end of 2011/12.

The latest figure means that Kenya is likely to hit the 2 trillion shilling mark for its debt in the 2013/14 fiscal budget in which the government plans to plug a deficit of 329.7 billion shillings, or 7.9 percent of GDP, from both foreign and domestic sources.

"The overall increase was attributed to a net increase in both domestic and external borrowing," the Treasury said in its latest Quarterly Economic Bulletin.

"The increase is unsurprising given that the stabilisation in the public debt level in 2011/12 was largely achieved thanks to high inflation and strong recovery in the Kenyan shilling in late 2011 rather than through less accommodative fiscal policy," said Mark Bohlund, economist at IHS Global Insight.

"It is still likely to aggravate concerns about longer-term public debt sustainability and thus push up the required yield on a sovereign debt issue."

The Treasury said in June the gap would be filled by net foreign financing of 223 billion shillings and 106.7 billion net borrowing from the domestic market.

The foreign financing is due to include a debut $1 billion Eurobond the east African economy plans to issue later this year.

The rise in debt also comes at a time when the government is pushing hard to increase its revenue collection, after falling short of targets in 2012/13.

The Treasury said total revenue collected during the period was 847.22 billion shillings, against a target of 915.28 billion shillings, up from 748.17 billion shillings in 2011/12.

The government expects to raise revenues worth 1.027 trillion shillings in 2013/14.

Earlier in the year, the government faced demands for higher public sector wages and a strike by thousands of government employed teachers demanding higher housing, medical and transport allowances, while other civil servants including the police are also clamouring for higher pay.

The government met some of the teachers' pay demands but put the rest on hold.

Bohlund said Kenya had favourable growth prospects after recent discoveries of oil and China's pledge to invest in the country's energy and infrastructure sectors. However, he said the country's high budget and current account deficits put it among emerging markets that had to offer high interest rates to attract foreign lenders.

In July, Kenya's central bank held its main lending rate at 8.5 percent.

 

Investigations show Kitui Deputy CID had premonition about his death

Updated Monday, August 12th 2013 at 21:08 GMT +3

Text message shows Maina could have feared for his life as a police officer is accused of killing him

By CYRUS OMBATI

Slain Kitui Deputy CID boss Zebedeo Maina could have feared for his life.

This emerged as investigations into the killing of the former head of the dreaded Kwekwe Squad were concluded with the report pointing a finger at a fellow police officer.

His colleagues revealed that Maina had sent them text messages that suggested he anticipated his death.

He had sent a message to one of them reading: "Every successful person has a painful story and to every painful story there is successful ending. No one has travelled a road of success without crossing the street of failure. God has never promised us an easy journey in life. No gain without pain. Wish you a blessed day."

Police handling the probe into his death now plan to send their report, to the Director of Public Prosecutions (DPP).

The report says Maina was shot in the back near the buttocks.

Released

Deputy Director of Police Reforms King'ori Mwangi, Head of Investigations at CID headquarters Mohamed Amin and Head of Operations Francis Njiru conducted the investigations. They interrogated a number of witnesses and police officers.

Two people who had been arrested over the shooting incident have since been released.

"It is clear that even though he denies it, the killer's bullet was fired by one of the officers who were at the scene," conclude the officers in their report.

The shooting has been described as a misadventure. A number of recommendations have been made to the DPP who will in the end determine if any of those named will be charged, officials said.

A test on the guns show one of them and that of Maina are the only ones that fired at the scene. Maina shot once in the air.

Maina, who led the controversial police squad at the height of a Mungiki crack-down, was shot under mysterious circumstances in Kitui town.

Unresolved deaths

He was shot as he led a team of officers to rescue a five-and-half-year-old girl in Kitui town on August 3. The girl had been kidnapped from Nairobi.

Maina joins a list of at least five other officers of the squad who have mysteriously died in the past few years. Their deaths remain unresolved.

But even in death, the mere mention of Maina's name triggers shivers in the underworld.

He was one of the most ruthless undercover officers of his time, feared by criminals and colleagues alike.

"He was a law unto himself and even we feared him because he would not compromise with a suspect," said a senior officer who knew him.

Kenya's top lawyers battle for the control of big corporate deals

 

New rankings show three of Kenya's top law firms –Anjarwalla & Khanna, Kaplan & Stratton, Coulson Harney – led in deal-making in 2013. FILE

By MWAURA KIMANI and CHRISTINE MUNGAI, The EastAfrican

Posted Saturday, August 17 2013 at 15:31

In Summary

• Data released by three global ranking bodies show that five law firms— Anjarwalla & Khanna, Kaplan & Stratton, Coulson Harney, Hamilton Harisson & Matthews, and Walker Kontos Advocates—scooped most of the country's biggest deals over the past 12 months.
• Law firms have been increasing their capacity in-house as well as extending their reach across the East African region, through networks.
• Growing investments into Kenya in the infrastructure, oil and gas and financial services as well as a rising number of foreign investors eyeing the M&As market has created fresh opportunities in project finance, venture capitalism, business formation and due diligence investigation that require professional support.

Kenya's elite law firms have emerged the biggest beneficiaries of a battle shaping up for the control of the country's increasingly lucrative corporate deal-making field.

New market data released by three global ranking bodies show that five law firms— Anjarwalla & Khanna, Kaplan & Stratton, Coulson Harney, Hamilton Harisson & Matthews, and Walker Kontos Advocates—scooped most of the country's biggest deals over the past 12 months. They also handled most of the biggest commercial dispute settlements in the country's judicial system.

A rise in the number of mergers and acquisitions (M&As) over the past one year created a lucrative income stream for the law firms, edging out their "foreign" counterparts who were also angling for the deals as legal advisors.

This is the verdict of the 2013 rankings by the three global bodies–Legal 500, Chambers Global, and the International Financial Law Review (IFLR1000)—who individually scored the five law firms as the biggest deal clinchers.

These journals specialise in ranking law firms globally according to various criteria such as the quality of service firms provide their clients, complexity of deals, technical expertise of the firm's legal minds, and ability to advise on deals across borders. Firms are ranked in tiers, where firms in the same tier can be considered to give comparable services.

Ordinarily, law firms are keen on being ranked highly as this boosts their attractiveness to clients—which in turn translates into higher fees being charged for services. This is especially so with foreign investors who are looking for legal minds with global recognition to execute their transactions.

Growing investments into Kenya in the infrastructure, oil and gas and financial services as well as a rising number of foreign investors eyeing the mergers and acquisitions market has created fresh opportunities in project finance, venture capitalism, business formation and due diligence investigation that require professional support.

READ: Oil, gas sectors fuel region's record M&A deals

Several deals have also come up at the Nairobi Securities Exchange (NSE) over the past 12 months, opening a revenue stream for law firms, with most of the contracts ending up with traditional legal honchos ranked top in the three rankings.

With 11 partners and 46 lawyers, Anjarwalla & Khanna is highly ranked in corporate and commercial law, dispute resolution and privatisation and projects. The firm has been active in energy deals, representing oil and gas giants on regional transactions, as Kenya becomes more attractive for multinational players in oil and gas.

The firm successfully led a case for Africa Oil Corp against a judicial review application that challenged the award of exploration licences and product-sharing agreements as well as advising PTT Exploration and Production Public Company Ltd in the proposed acquisition of Cove Energy plc, worth $1.9 billion.

Other big cases are advising Citibank N. A. London, and other international banks, on the Government of Kenya's first sovereign debt borrowing of $600 million.

The banking sector is also posting good business for lawyers. Last month, newly listed I&M Bank said it plans to raise more cash to fund acquisition of rival banks in East Africa to grow its market share. The bank will open for business in Uganda this year, building on its presence in Rwanda and Mauritius.

Its listing at the Nairobi bourse was the product of the conclusion of a reverse takeover of investment firm City Trust, a previously listed entity, by the bank. The deal was handled by Kaplan & Stratton, led by Senior Counsel Fred Ojiambo. Founded in 1927, the law firm is one of the oldest players in the market but continues to be the go-to advisors for corporate and commercial law, investment, banking, taxation, intellectual property as well as litigation and dispute resolution.

Founded in 2008, Coulson Harney Advocates is a relatively new player on the country's legal scene, but it is already punching above its weight. The firm, a breakaway of Kaplan & Stratton, is handling Dimension Data's take-over of internet provider AccessKenya. The South African firm is buying the NSE listed AccessKenya at for Ksh3.05 billion ($35.8 million). Coulson Harney also landed the contract to advise Kenyan investment firm Centum in a fixed-rate corporate bond and an equity-linked note late last year. The firm raised Ksh4 billion ($47 million) from the debt market in September.

Mboya, Wangong'u & Waiyaki handled the transaction which saw the listing of the Home Africa at the NSE last month. The real estate firm made history as the first company to be listed on the Growth and Enterprise Market Segment, reserved for small and mid-sized businesses. In November 2012, Standard Chartered also settled for Mboya, Wangong'u &Waiyaki as the legal advisor for its rights issue. The bank issued some 22 million shares, 70 per cent of which were taken up by anchor shareholder Standard Chartered Bank UK.

Walker Kontos Advocates is advising Jamii Bora Bank on its Ksh1 billion ($11.7 million) corporate bond in a private placement deal. The bond sale, which begun on July 15 and ends on August 19, will mark the third time in two years that Jamii Bora is tapping the capital markets for cash.

The firm also advised Housing Finance in its Ksh10 billion ($117.6 million) bond at the NSE in September last year, as well as handling the CfC Stanbic Holdings' rights issue which attracted applications for shares worth Ksh4.52 billion ($52.9 million).

Top Kenyan businesses have been also increasing their footprint in the country and across the region to include Tanzania, Uganda and South Africa as they seek to cut reliance on the home market; pushing through these projects demands a wide range of professional support including legal services.

In May, Uchumi Supermarkets appointed Hamilton Harrison & Mathews Advocates as the legal advisors for the planned cross-listing in Rwanda, Uganda and Tanzania and subsequent rights issue expected by the end of the year.

Kenya Airways too, settled for Hamilton Harrison & Matthews for its Ksh20 billion rights issue early last year as did NIC Bank for its rights issue in October. Oraro & Company Advocates were the legal advisors behind the Diamond Trust Bank (DTB) rights issue in August last year. The bank said the cash call attracted applications worth Ksh3.36 billion ($39.5 million) against the Ksh1.8 billion ($21.2 million) that it was seeking.

East Africa emerged as a top destination for dealmakers attracted by an improved business environment and the discovery of commercially viable oil and gas deposits in Uganda, Kenya and Tanzania, a survey by consulting firm Deloitte released in April showed. A sharp rise in the number and value of deals is projected this year as perceptions of political risk softens.

Junior exploration firms—companies that do exploration in the hope that a positive find will tempt shareholders to invest more in them or make them an acquisition target—are expected to become prime targets for multinationals seeking a foothold in the country before commercial production of crude oil and natural gas starts.

READ: Season of fresh mergers as Kenya confirms oil success

"The big law firms are very happy about these rankings as they bring in business," says Eric Mutua, chairman of the Law Society of Kenya (LSK). But Kenya's legal market focuses on individual lawyers rather than firms and on this basis the top five firms are barely separable, a fact that Mr Mutua concedes.

"These rankings may not exactly depict the real picture on the ground, as they do not have a way of competently assessing the capacity of individual lawyers," says Mr Mutua.

"There is no concept of firm brand, people choose partners and in Kenya you deal with individuals and not firms," says one lawyer quoted in the IFLR rankings.

"Star lawyers" according to the rankings include Karim Anjarwalla of Anjarwalla & Khanna, Fred Ojiambo and Oliver Fowler of Kaplan & Stratton, Richard Harney and Philip Coulson of Coulson & Harney, Michael Kontos of Walker Kontos and Paras Shah of Hamilton Harrison & Matthews.

Law firms have been increasing their capacity in-house as well as extending their reach across the East African region, through networks such as Anjarwalla & Khanna's Africa Legal Network, which includes MMAKS Advocates (Uganda), K-Solutions and Partners (Rwanda), Adept Chambers (Tanzania) and A&JN Mabushi (Burundi).

Another strong network on the continent is Bowman Gilfillan Africa Group, a network of 350 lawyers in four countries in Africa, of which Coulson Harney in Kenya, AF Mpanga in Uganda and East Africa Law Chambers in Tanzania are a part of.

In addition, over the past few years, dozens of big businesses have taken each other to court while others have been locked in expensive legal battles with government agencies and shareholders.

This has opened a stream for commercial lawyers. Among them is a case pitting the Kenya Revenue Authority against Bidco, the edible oils manufacture over a Ksh1.3 billion ($15.2 million) tax demand by the taxman. Last week, Bidco lost the bid to have KRA demand quashed

 

 

 

 

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