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Nairobi | Thursday, March 28, 2013

KSh50/00 (TSh1,700/00 : USh2,700/00 : RFr900/00)

www.nation.co.ke

No. 17532

PETITION | Video drama as polls team put on the spot over the conduct of March 4 election with accusation of vote inflation

At Bomas, our agents were thrown out of the National Tallying Centre. These elections were
At Bomas, our agents were
thrown out of the National
Tallying Centre. These
elections were characterised
by massive irregularities.”
George Oraro, Odinga’s lawyer.

Raila lays out case against Uhuru win

Supreme court judges set out four main issues that will be debated in poll case

BY DAVE OPIYO

dopiyo@ke.nationmedia.com

P rime Minister Raila Odinga yesterday made a

strong push for the nullification of the results

declaring Uhuru Kenyatta as Kenya’s fourth

president, stating that the voters registered was inflated by about 36,000. Through his lawyer, Mr George Oraro, the PM

further said the electoral process was marred by fraud, opaqueness and other irregularities commit- ted by the Independent Electoral and Boundaries (IEBC) officials. While making his submissions before the Su- preme Court yesterday, Mr Oraro said there was confusion as to the actual number of voters while

CONTINUED ON PAGE 5

Governors vow to create jobs for youths and combat crime

BY NATION TEAM

newsdesk@ke.nationmedia.com

Governors in central Kenya and upper Eastern regions were sworn into office at colourful ceremonies yesterday, and listed joblessness, insecurity, health and poor education standards as some of the immediate challenges they intend to tackle after assuming office. Governors Nderitu Gachagua (Nyeri), Joshua Irungu (Laikipia), Joseph Ndathi (Kirinyaga), Mwangi wa Iria (Murang’a) and Martin Wambora (Embu) also promised to deal with the consumption of cheap brews, improve rural electrifica-

CONTINUED ON PAGE 6

cheap brews, improve rural electrifica- CONTINUED ON PAGE 6 SALATON NJAU | NATION Murang’a County Governor

SALATON NJAU | NATION

Murang’a County Governor Mwangi wa Iria takes the oath of office during yesterday’s swearing in ceremony at Ihura Stadium. He and other governors from central Kenya vowed to increase jobs for youths and fight cheap brews.

ON OTHER PAGES

EDUCATION

TOUGH NEW SCHOOL RULES UNVEILED

Measures outline action to be taken on rogue learners and parents who deny their children education. Page 11

AFRICA

DONORS PEG SUPPORT ON FREE HARARE VOTE

West pledges aid for Zimbabwe’s economic revival if the country holds credible polls. Page 20

INDEX

News Page 2-11, 17-19, Back Opinion Page 12-13 Letters Page 14 World Page 20-25 Business Page 26-32 County Page 33-34 Sport Page 68-71

2 | National News

DECISION 2013

DAILY NATION Thursday March 28, 2013

PETITION | Africog says votes for some constituencies were inflated

IEBC on the spot as main petition opens

CONTINUED FROM PAGE 1

Constitution and violation of electoral laws by the Independ- ent Electoral and Boundaries Commission (IEBC). Through its lawyer, Ms Kethi

Kilonzo, the civil society group showed videos of results an- nouncement at Nyeri and Bomet counties tallying centres which Ms Kilonzo claimed were different from the final results announced by the IEBC and captured in Form 36. “What the Independent Electoral and Boundaries Commission announced as the final presidential tally was

a complete fraud since the ef-

fects of the irregularities were that what candidates got was not what they ought to have got,” she said. For Nyeri, the organisation

played a video in court in which the county tallying officer read the final results showing Mr Uhuru Kenyatta having 317,881 votes with his closest challenger, Mr Raila Odinga, getting 6,075 votes. According to Ms Kilonzo, the final tally by IEBC showed Mr Kenyatta’s votes as 318,880 while Mr Odinga’s votes were given as 5,638. The rejected votes went down from 3,030 to 2,465. “Form 36 presented by IEBC

is filled by fraud against every

individual who queued for hours to vote for their preferred candidate and the only logical solution would be to invalidate

the results of the entire county,” Ms Kethi said. “Every man or woman is en- titled to one vote but the end of the IEBC conduct did not jus- tify the means. They conducted the elections in total contraven- tion of the Constitution and their own regulations which cannot lead to a legitimate government,” she said. Ms Kethi gave another example of Machakos Town constituency where she al- leged that the IEBC register

had only 125 voters registered without biometric information but the final results showed a total of 3,182. The court was also shown another video from Bomet County, which Ms Kilonzo claimed, showed the final presidential votes tally pinned on the wall at a tally- ing centre differing from the one announced by IEBC and indicated on Form 36. Said Ms Kilonzo of another centre, Charity Primary School in Kieni constituency: “The

had only

principle register

one registered voter, but the result shows Mr Kenyatta got 310 votes. Even the returning officer did not indicate how

many registered to vote or the

officer did not indicate how many registered to vote or the BILLY | NATION Mr Ochieng’

BILLY | NATION

Mr Ochieng’ Oduol, who is representing Mr Raila Odinga, at the Supreme Court during yesterday’s proceedings.

results of other candidates”. She added that the IEBC cannot say it did not break the law since it went against its own promise to deliver results within 48 hours, adding that the electronic transmission fail- ure was IEBC’s own making to enable stealing of votes. “We cannot understand the mischief behind the system failure since it was not for the benefit of the commission but for the people of Kenya to en- sure a free, fair and transparent election,” Ms Kilonzo said. Should the Supreme Court find the election was bungled, Ms Kilonzo argued that the judges should order the Di- rector of Public Prosecution to investigate and prosecute those involved in committing electoral offences. The formal hearings begun

with the judges announcing that they had distilled all the issues presented by the lawyers, who couldn’t agree on what the judges should decide, and condensed them into four. The first Issue is whether Mr Kenyatta and William Ruto were validly elected in the presidential election. Second is whether the presi- dential election was free, fair and transparent and in compli- ance with the law. Third is whether the rejected votes ought to have been con- sidered in calculating the final percentages. The final one is what orders the court should make after de- termining the three issues.

Related stories on Pages 4 and 5

We will remain closed during Easter and resume normal operations on Tuesday
We will remain
closed during
Easter and
resume normal
operations on
Tuesday

THE JUDGES

 
THE JUDGES   Willy Mutunga Philip Tunoi Smokin Wanjala Willy Mutunga is the Chief Justice and
THE JUDGES   Willy Mutunga Philip Tunoi Smokin Wanjala Willy Mutunga is the Chief Justice and
THE JUDGES   Willy Mutunga Philip Tunoi Smokin Wanjala Willy Mutunga is the Chief Justice and

Willy Mutunga

Philip Tunoi

Smokin Wanjala

Willy Mutunga is the Chief Justice and President of the Supreme Court of Kenya. An astute human rights campaigner who cut his teeth

A

long serving High

Court and Court of Appeal judge, he is

easily the senior most

Played his part in the struggle for reforms in the country in the eighties through

of

the six Supreme

Court judges hearing the petition challenging Jubilee

regular opinion pieces in the defunct Nairobi Law Monthly Magazine.

opinion pieces in the defunct Nairobi Law Monthly Magazine. Mohammed Ibrahim Njoki Ndungu Jackton Ojwang A
opinion pieces in the defunct Nairobi Law Monthly Magazine. Mohammed Ibrahim Njoki Ndungu Jackton Ojwang A
opinion pieces in the defunct Nairobi Law Monthly Magazine. Mohammed Ibrahim Njoki Ndungu Jackton Ojwang A

Mohammed Ibrahim

Njoki Ndungu

Jackton Ojwang

A

former Nominated

Like Mutunga, Justice Ibrahim served time

in detention over his

MP, Ms Ndungu’ is best remembered

Prof Ojwang was plucked from the University of Nairobi

as

the architect and

involvement in the reform movement in the eighties and early nineties.

He had a long stint

mover of the ‘Sexual

Offenses Bill, 2006’ which led to the enactment of the

where he served as a dean of the Parklands Law School and appointed High Court judge in 2003.

 

THE PETITIONER

The Cord presidential candidate Raila Odinga is the main petitioner in the case. He went

The Cord presidential candidate Raila Odinga is the main petitioner in the case.

He went to the Supreme Court to challenge the presidential results after IEBC declared that the Jubilee Coalition presidential candidate Uhuru Kenyatta had won the presidential election after garnering 6,173,433 votes against his 5,340,546 votes.

Uhuru Kenyatta had won the presidential election after garnering 6,173,433 votes against his 5,340,546 votes. GEORGE

GEORGE ORARO

Uhuru Kenyatta had won the presidential election after garnering 6,173,433 votes against his 5,340,546 votes. GEORGE

RAILA ODINGA

He has sued the IEBC, its

OCHIENG’ ODUOL

THE RESPONDENTS

IEBC

The Independent Electoral and Boundaries Commission is listed as the first respondent in the presidential election petition. It is represented by a team of lawyers led by Mohamed Nyaoga, Aurelio Rebello, Paul Nyamodi and Nani Mungai

petition. It is represented by a team of lawyers led by Mohamed Nyaoga, Aurelio Rebello, Paul
petition. It is represented by a team of lawyers led by Mohamed Nyaoga, Aurelio Rebello, Paul

MOHAMED NYAOGA

PAUL NYAMODI

Paul Nyamodi and Nani Mungai MOHAMED NYAOGA PAUL NYAMODI AURELIO REBELLO NANI MUNGAI ISAACK HASSAN The
Paul Nyamodi and Nani Mungai MOHAMED NYAOGA PAUL NYAMODI AURELIO REBELLO NANI MUNGAI ISAACK HASSAN The

AURELIO REBELLO

NANI MUNGAI

ISAACK HASSAN The IEBC chairman is separately listed in the presidential election petition as the

ISAACK HASSAN

The IEBC chairman is separately listed in the presidential election petition as the second respondent. This is because as the IEBC chair, he is the returning officer

petition as the second respondent. This is because as the IEBC chair, he is the returning

AHMEDNASSIR ABDULLAHI

UHURU KENYATTA The Jubilee Coalition presidential candidate is named as the third respondent in the

UHURU KENYATTA

The Jubilee Coalition presidential candidate is named as the third respondent in the petition. He was Mr Odinga’s main rival in the presidential election

candidate is named as the third respondent in the petition. He was Mr Odinga’s main rival
 

FRED NGATIA

WILLIAM RUTO He was Mr Kenyatta’s running mate in the Jubilee Coalition. He is listed

WILLIAM RUTO

He was Mr Kenyatta’s running mate in the Jubilee Coalition. He is listed as the fourth respondent in the petition and is represented by lawyer Katwa Kigen. KATWA KIGEN

listed as the fourth respondent in the petition and is represented by lawyer Katwa Kigen. K

DAILY NATION

Thursday March

28, 2013

National News

3

SONG AND DANCE | Kidero was chauffeured in and out of Uhuru Park ahead of a motorcade

Governors start off on unequal riding

New governors driven around under heavy guard, indicating they’re the new kings in town

BY AGGREY MUTAMBO

amutambo@ke.nationmedia.com

G overnors are the new powerful guys in town. You could see that as they took oath of their

offices yesterday. They arrived surrounded by guards

— those mean-looking bulky men — just

in case anyone tries to harm the new Governor. Around the country, new Governors

were heavily guarded, driven in and out, and during the ceremonies, the form of entertainment indicated they were the new kings in town. While the official cars were not uniform, out of the 47, there is no queen yet, at least until after five years from now. In Nairobi, Governor Evans Kidero was chauffeured in and out of Uhuru Park in a Rolls Royce Princess ahead of a motorcade. The colonial classic car was last seen in the 1990s during the reign of President Moi. But it is a beautiful car with huge headlights and

a slim steering wheel. This time round, it was branded “NCC1” meaning the number one guy in the Nairobi City County, with

a flag to boot. At the ceremony, a man,

probably a supporter of Dr Kidero, tried to present a live chicken to him. Guards couldn’t take any of that. In Machakos, Dr Alfred Mutua arrived at Kenyatta Stadium in a silvery Benz, named “Machakos 1”. He waved from the sunroof of the car, greeting jubilant supporters. In Eldoret, Uasin Gishu’s Jackson Mandago, was driven in in a Mitsubishi four-wheel drive. It had a flag, but he chose to name his car “Governor”. A police band marched past and soon after he took the oath, elders dressed him in a traditional animal skin. At Afraha Stadium, Nakuru’s Kinuthia Mbugua arrived in a Toyota Land Cruiser. It had a flag, but he chose to retain the ordinary number plates.

STORY AND MORE PICTURES ON PAGES 18-19

number plates. STORY AND MORE PICTURES ON PAGES 18-19 JENNIFER MUIRURI | NATION A member of
number plates. STORY AND MORE PICTURES ON PAGES 18-19 JENNIFER MUIRURI | NATION A member of

JENNIFER MUIRURI | NATION

A member of

the public takes

a picture with

the Nairobi

governor’s

vintage car

outside City Hall after Dr Evans Kidero was sworn

in yesterday.

SULEIMAN MBATIA | NATION

Nakuru County Governor Kinuthia Mbugua’s official vehicle. The governor was sworn in by Justice Anyara Emukule yesterday at Afraha Stadium-Annex. He called on his competitors to work with him to realise the people’s dream.

to work with him to realise the people’s dream. PHOTO | CORRESPONDENT Dr Alfred Mutua after

PHOTO | CORRESPONDENT

Dr Alfred Mutua after his swearing-in ceremony held at Kenyatta Stadium in Machakos.

swearing-in ceremony held at Kenyatta Stadium in Machakos. ANNE MACHARIA | NATION Kiambu governor William Kabogo

ANNE MACHARIA | NATION

Kiambu governor William Kabogo leaves under tight security after the swearing-in ceremony at Kirigiti Stadium.

security after the swearing-in ceremony at Kirigiti Stadium. JARED NYATAYA | NATION The vehicle belonging to

JARED NYATAYA | NATION

The vehicle belonging to Uasin Gishu County Governor- elect Jackson Mandago after he was sworn in by Eldoret High Court Judge, Fred Ochieng’ at Eldoret Sports Club.

Governor- elect Jackson Mandago after he was sworn in by Eldoret High Court Judge, Fred Ochieng’
Governor- elect Jackson Mandago after he was sworn in by Eldoret High Court Judge, Fred Ochieng’
Governor- elect Jackson Mandago after he was sworn in by Eldoret High Court Judge, Fred Ochieng’
Governor- elect Jackson Mandago after he was sworn in by Eldoret High Court Judge, Fred Ochieng’
Governor- elect Jackson Mandago after he was sworn in by Eldoret High Court Judge, Fred Ochieng’
Governor- elect Jackson Mandago after he was sworn in by Eldoret High Court Judge, Fred Ochieng’
Governor- elect Jackson Mandago after he was sworn in by Eldoret High Court Judge, Fred Ochieng’
Governor- elect Jackson Mandago after he was sworn in by Eldoret High Court Judge, Fred Ochieng’
Governor- elect Jackson Mandago after he was sworn in by Eldoret High Court Judge, Fred Ochieng’

4 | National News

DECISION 2013

DAILY NATION Thursday March 28, 2013

PETITION | Verdict expected to be delivered on Saturday

Top court judges’ ruling to focus on four main issues

Lawyers representing the parties had failed to agree on what they wanted determined

BY JOHN NGIRACHU

jngirachu@ke.nationmedia.com

S aturday’s Supreme Court ruling on the presidential election peti- tion will be on four main issues,

the six judges have decided. Mr Justice Smokin Wanjala outlined the four areas to be determined from all the presentations, evidence, affida- vits and other materials given to the court in the course of the 14 days it has to make a decision. As he set out the issues ahead of the hearings, which started yesterday, Judge Wanjala hinted at the enormity of the task ahead for the five men and one woman at the helm of the country’s highest court. “The court believes that the type of declarations, orders and reliefs that the court can order arising from these petitions is an issue and could create a precedent for the future Supreme Court and other courts of law that are by the nature of our Constitution, bound by the orders of this court,” he said. The first issue, he said, is: Whether the Third and Fourth Respondents (Uhuru Kenyatta and William Ruto) were validly elected and declared as President-elect and Deputy President-elect of the Republic of

Kenya, respectively, by the Second Respondent (Ahmed Issack Hassan) in the Presidential Elections held on the 4th of March 2013. The second is: Whether the presi- dential election held on March 4, 2013 was conducted in a free, fair, transparent and credible manner in compliance with the provisions of the Constitution and all relevant provi- sions of the law. The third is: Whether the rejected votes ought to have been included in determining the final tallies of votes in favour of each of the presidential candidates by the First and Second Respondents (IEBC and Chairman Ahmed Issack Hassan). The fourth is: What consequential declarations, orders and reliefs should the court grant based on the above determinations. The six judges decided to outline the issues after the lawyers repre- senting the six parties involved in the petitions failed to agree on what issues they would like the judges to determine. Mr Justice Wanjala said the four areas are the “critical issues that we have managed to distil and capture from all the statements that have been filed by each of the parties.” All parties were told they were at liberty to use the entire arsenal avail- able to canvass all the issues they felt they had. The judge said should it become necessary for any parties to raise juris- dictional issues, the court would listen and make its decision as it makes its judgement on Saturday.

SUMMARY OF ISSUES 1 Whether Uhuru Kenyatta and William Ruto were validly elected and declared
SUMMARY OF ISSUES
1
Whether Uhuru Kenyatta and
William Ruto were validly
elected and declared Presi-
BILLY MUTAI | NATION
dent-elect and Deputy President-
elect.
Lawyer George Oraro, for Cord presi-
dential candidate Raila Odinga, at the
Supreme Court, Nairobi, yesterday.

2 Whether the presidential

election was conducted in

a

free, fair, transparent and

credible manner.

3 Whether the rejected votes ought to have been included

in

determining the final tal-

lies of votes.

4 What consequential decla- rations, orders and reliefs should the court grant

based on the above determina- tions.

He said the judges had been very

careful not to go into evidence or the type of arguments the lawyers would raise. All parties agreed with the judges’

decision, with Attorney-General, Prof Githu Muigai, affirming that he was also in agreement. On Tuesday, majority of the law- yers had filed their proposals on what they felt were the real issues. All had wanted the judges to determine who would eventually foot the costs of the case.

QUOTES OF THE DAY

From the mouths of the lawyers

The process of procuring the EVIDs was beset with corruption and impunity. At the end of the day you ask yourself, how many people actually voted during these elections with so many registers? — George Oraro (For petitioner Cord)

What the Independent Elec- toral and Boundaries Commis- sion announced as the final presidential tally was a complete sham and fraud since the effects of the irregularities were that what candidates got was not what they ought to have got.

Kethi Kilonzo (For petitioner

Africog) This petition is more than a contest between the President- elect (Uhuru Kenyatta) and my client (Prime Minister Raila Od- inga). It is about elections and their future in Kenya — George Oraro

Forms 36 do not reflect the results announced at the County Tallying Centers. The IEBC took votes from candidates who per- formed dismally and added the votes to the top candidate. The court must ask itself what sim- ple, verifiable and accountable means and what is free, fair and valid election — Kethi Kilonzo

I dare say the only logical conclusion is to invalidate the re- sults. You can make an order to the DPP to investigate who com- mitted the electoral offences and prosecute them — Kethi Kilonzo. The IT system must be ac- curate, secure and accountable. It should satisfy the Constitu- tional threshold on elections. If the electronic voting worked, we would not be where we are

George Oraro

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DAILY NATION Thursday March 28, 2013

DECISION 2013

National News

5

PETITION | Oraro says it is difficult to establish which voters’ register was used in March 4 election

Raila lawyer alleges irregularities

CONTINUED FROM PAGE 1

alluding to the fact that there existed two voters’ registers, a move he described as illegal. Mr Oraro said the electoral commission had, behind the backs of Kenyans, created a ‘special register’, long after the ‘principal register’ had been closed. The special register, the court heard, contained between 31,318 and 36,230 new voters. “As at February 18, we were informed that the total number of voters was 14,337,339 voters registers when the registration process by the IEBC had been completed,” Mr Oraro said. “The IEBC later on stated that the number had been amended to 14,352,533 in their affidavit, with an explanation that the additional number arose from the fact that there were 12 voters who had been included to vote in Soi constituency and a further 31,318 people whose biometric information were not captured during the registration proc- ess,” Mr Oraro said. “This number, however, changed to 36,230 in another affidavit. Based on these fig- ures, Kenyans are confused on the number of registered voters in the country. No one

really knows how many regis- tered voters are there.” Mr Oraro said that the matter became even more interesting as another affida- vit sworn by one Immaculate Kisait, listed the registered voters captured by the BVR kits as 14,352,542, with an- other 31,318 that had not been captured by the kits. He said IEBC committed a massive electoral offence to continue amending the prin- cipal register with only a few days remaining to the March 4 General Election. “The law,” he added, “does not permit the register to be amended at least 14 days to an election, let alone creat- ing a special register,” said Mr Oraro. “What they have done is illegal, irregular and unconstitutional.” He posed: “Where was this special register used? We want to know which counties. We suspect that in the areas where there was voting in excess… these areas are in Rift Valley, Meru and Kiambu. “That is why when the Supreme Court ordered the re-tallying of the presidential votes, the electoral commis- sion rushed with the green books to legitimise the num- bers contained in the special

REACTION Lawyers take on top court
REACTION
Lawyers take
on top court

Law Society of Kenya boss Eric Mutua has faulted a ruling by the Supreme Court to reject additional evidence. Mr Mutua said the decision to expunge an affidavit by the Cord could set a precedent for future rulings. The court rejected a 839 page affi- davit because it was filed without its consent.

registers. This is what we call in law as shifting of the burden of proof.” Mr Oraro further said that by its own admission, IEBC allowed voters who had not even been registered at certain

BILLY MUTAI | NATION

IEBC lawyers Ahmednassir Abdullahi and Mohamed Nyaoga at the Supreme Court yesterday. The agency got a reprieve yesterday.

polling stations to vote, say- ing this was a classic form of transfer of voters, an electoral malpractice. “An election can surely not be conducted in a casual and cavalier manner,” he said and faulted IEBC for failing to implement a number of rec- ommendations by the Kriegler Commission, which had been set up to investigate the 2007 elections, whose outcome ODM contested. The commission, he said,

had proposed that the number of election declaration forms be reduced to one, that the tallying and vote transmission system be done in a secure manner and that parties be given adequate time to inter- rogate the results before their announcement. “Sadly, all these were ignored,” he said. “At Bomas, our agents were in fact thrown out of the National Tallying Centre. These elec- tions were characterised by massive irregularities.”

Voters seek decision on rejected votes

BY NATION REPORTER

The Supreme Court has been requested to rule that rejected votes should not be used to determine the percentages presidential candidates get. This was the first petition filed after election results were declared and was the first matter to be heard as the hearings began. TNA members Dennis Itumbi, Moses Kuria and Florence Sergon filed the pe- tition through lawyer Njoroge Regeru.

Votes cast

Mr Regeru argued it was not

enough to use Article 138 of the Constitution, which states that

a candidate shall be declared

president based on votes cast, as the only law. He said the idea was that a rejected vote should not be ac- corded the same status as one that is valid. However, lawyer George Oraro argued that “the dis- tinction between a vote and a

ballot is a distinction without

a difference.”

President-elect Uhuru Keny- atta’s lawyer Fred Ngatia said rejected votes could be used, either deliberately or not, to trigger off a run-off.

LSK unveils experts to audit polls

BY NATION REPORTER

The Law Society of Kenya has unveiled its nine-member committee that will conduct an audit of the March 4 General Election. The committee will probe mass failure of electronic technology during the elec- tions whose outcome has been challenged by Prime Minister Raila Odinga at the Supreme Court. The electoral commission declared Jubilee Coalition’s candidate, Mr Uhuru Kenyatta, the winner of the presidential race. The team includes Ms Koki Muli, an expert in electoral laws, human rights lawyer Maina Kiai as well as Mr Stephen Kiptinness and Ms Alice Kingworm, both of whom are experts in telecommunica- tions law. Others are governance expert George Kegoro, Kibe Mungai (election petitions and con- stitutional law) and Judith Guserwa (procurement law). Legal Scholar Ben Sihanya and Mr Ken Nyaundi — an expert in information communication technology and electoral law, are also members. “We want to determine circumstances that led to the alleged failure of the technol- ogy system used,” said LSK chairman Eric Mutua.

Deadline missed in re-tallying of votes

BY NATION REPORTER

Re-tallying of presidential votes continued last night despite an earlier decision it would end at 4pm and as the Supreme Court warned that unauthorised people need permission to access the tal- lying centre. Chief Justice Willy Mutunga made the decision yesterday following reports that Cord lawyer James Orengo, (right) activists Maina Kiai, George Kegoro and Gladwell Otieno had attempted to enter it. The activists are members of civil society groups that have filed a petition. Justice Mutunga said Judi- ciary Registrar Gladys Boss Shollei reported that the four gave security a torrid time.

Appeared slow

“Since you have observers in the tallying centre, we want to tell you that it is an exten- sion of the Supreme Court and it will be respectful if you want to visit the tallying centre to make an application before us,” he said. A source at the KICC said the work was going slowly. “The clerks appeared slow. The Independent Electoral and Boundaries Commis- sion also only supplied some details today (yesterday),” the source said. General Service Unit, regu- lar and administration police

officers kept vigil inside and outside. Only party agents, electoral commission and Judiciary officials were allowed in the tallying hall. Even the media was not allowed close to the hall. Judiciary registrar Gladys Shollei said the media would be allowed to take pictures for few minutes after special arrangements with the com- munication department.

special arrangements with the com- munication department. On Monday, the Supreme Court ordered the re-tally- ing

On Monday, the Supreme Court ordered the re-tally- ing of the presidential votes in 22 polling stations across the country. The judges also ordered a fresh scrutiny of all the Form 34 used by the elec- toral commission in tallying the presidential votes in all the 33,000 polling centres across the country as well as the forms 36 used for enter- ing presidential constituency results. All reports and results of various exercises were to be filed with the court by 4pm yesterday, but indications were that the re-tallying would go on throughout the night.

to be filed with the court by 4pm yesterday, but indications were that the re-tallying would

6 | National News

DAILY NATION Thursday March 28, 2013

DEVOLUTION | Leaders also promise to create jobs for the youth and combat crime

Governors take office with vow to fight cheap brews

CONTINUED FROM PAGE 1

tion and agriculture in their respective counties. Mr Gachagua said his priority would be value addition in agricul- ture, water harvesting, infrastructure, jobs for the youth, rural electrification and security. He promised to set up a team that will come up with ways of deal- ing with the consumption of cheap brews which, he said, had reduced men and young people in the region to zombies. The Nyeri governor was also in- stalled as a Kikuyu elder during the ceremony at Dedan Kimathi Grounds. He arrived at the venue in his personal car, but left in a GK Mercedes Benz to signify his changed status. Laikipia’s Joshua Irungu declared mandatory education for children of school-going age in the county immediately after taking the oath of office. Mr Irungu, who was sworn in by Lady Justice Roselyn Korir at the Nan- yuki Stadium, said only 65 per cent of the residents had primary school

education and a mere 13.6 per cent secondary school qualifications. “We must make a shift in our attitude towards education and be active stakeholders in ensuring our enrolment rates are above the na- tional average,” he said as he also promised to streamline revenue col- lection without necessarily burdening taxpayers. In Meru, Governor Peter Munya pledged to improve agriculture to boost revenue for the residents. Lady Justice Jessie Lesiit led Mr Munya and deputy Governor Raphael

Jessie Lesiit led Mr Munya and deputy Governor Raphael We must make a shift in our

We must make a shift in our attitude towards education and be active stakeholders in ensuring our enrolment rates are above the national average”

Laikipia Governor Joshua Irungu

the national average” Laikipia Governor Joshua Irungu JOSEPH KANYI | NATION Nyeri Governor Nderitu Gachagua (left)

JOSEPH KANYI | NATION

Nyeri Governor Nderitu Gachagua (left) and his deputy, Mr Samuel Wamathai, after they were sworn in by Nyeri Judge James Wakiaga yesterday.

Muriungi in taking the oath of office at a colourful ceremony at Kinoru Sta- dium in North Imenti, the county’s headquarters. Mr Munya said he would prioritise agriculture, youth unemployment, health and water provision, land adjudication and insecurity. In Kirinyaga County, hundreds of residents attended the colourful swearing in ceremony of Mr Joseph Ndathi as the first governor. The ceremony, at Kutus Primary School, was presided over by Lady Justice Cecilia Githua. In Embu, Governor Wambora said

starting value addition factories to generate revenue for the mainly agricultural county would be his priority. Mr Wambora said at Embu mu- nicipal stadium after being sworn in that he would ensure the county got a milk processing plant, a cereals depot at Ugweri and a coffee mill. He said coffee and tea from the area would be auctioned locally. In Murang’a, Governor Mwangi pledged to make the area the choice county in development. He later vis- ited the local prison, the Murang’a district hospital and a children’s

home and promised to work hand- in-hand with them. All the 35 county representatives from the area staged a walkout complaining that no space had been reserved for them. In Nakuru, Governor Kinuthia Mbugua said his priority would be to revive industries that had col- lapsed and give pyrethrum sector a new lease of life. “The economy will be my govern- ment’s first order of business,” he said and vowed to bring all communities together. Nakuru County has been a hotspot for ethnic violence for many years but Mr Mbugua said that would not happen again.

All-inclusive leadership

At Afraha Stadium ceremony presided over by Mr Justice Anyara Emukule, the governor promised to unite residents of the county. In Nyandarua, Governor Daniel Waithaka Mwangi said he would seek to ensure that he established an all-inclusive leadership. During the ceremony at the Ol Kalou Stadium and presided over by Mr Justice Luka Kimaru, he prom- ised to improve infrastructure in the county. In Garissa, Governor Nathif Jama Adam was sworn-in by Judge Stella Mutuku and magistrate Hannah Njeri Ndung’u at Garissa Open Soccer Field. He promised to tackle insecurity, poor education standards and improve livestock keeping.

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Cord MPs meet to share speaker slots

BY NATION REPORTER

About 160 Cord MPs

were last evening held in

a strategy meeting plan-

ning how to handle today’s elections of the speakers

of the Senate and National

Assembly. Prime Minister Raila Odinga, Vice President Kalonzo Musyoka and Ford Kenya leader Moses Wetangula were to co- chair the meeting which was also meant to discuss how to allocate various committee seats. The strategy meeting which was to start at 4pm was however delayed for hours as Mr Odinga, Mr Kalonzo and Mr Wetan- gula failed to arrive on time. Incumbent House Speaker Kenneth Marende and former Deputy Speaker Farah Maalim were also expected to briefly attend the meet- ing but they did not. “This is an important and mandatory meeting for all our members to discuss important inter- nal issues,” said ODM secretary-general Anyang Nyong’o.

Prof Nyong’o said that despite their coalition being a minority one in the two Houses, they had put in place structures to

survive. “In 1992, Ford Kenya was a minority party but we effectively did our part.

We are going to apply the same techniques to ensure Cord remains focused,”

said Prof Nyong’o. Yesterday’s meeting was also to discuss how to allocate other posi- tions including that of the coalition’s whip and his deputy. The parties were to largely agree on how to share all the key positions amongst members of the affiliate parties. The position of coali- tion whip was also set to be discussed with mem- bers expected to agree on who between Gem MP-elect Jakoyo Midiwo and Budalangi MP-elect Ababu Namwamba would be supported.

4pm

The time when the meeting was to start

160

MPs who attended

New House set for first key sitting

BY NATION REPORTER

Kenya’s transformed Parliament meets today for its first sitting. The bicameral (two-chamber) Par- liament consists of a 349-member National Assembly and a 67-mem- ber Senate. The two will operate independ- ently. “They will be two different Houses with totally different cultures,’’ said Mr Jeremiah Nyegenye, the new Clerk of the Senate yesterday. The Senate, which will sit at the Kenyatta International Conference Centre in Nairobi until refurbishment of the Old Chambers of Parliament is complete, will be the second in the country.

Sit same hours

The first one was created by the Constitution that was drafted at the Second Lancaster Conference in Feb- ruary 1962. The then Upper House, which had 41 senators representing the country’s 41 districts, lasted until 1966 when the House of Representa- tives and the Senate merged. The bicameral Parliament estab- lished by the Constitution envisages two equal Houses which will sit for the same hours and same days of the week. Although the Senate’s primary role is to serve and protect the interests of the counties and as such guaran- tee devolution through legislation and oversight, Mr Nyegenye says that mandate is not limited.

8 | National News

DAILY NATION Thursday March 28, 2013

CAMPAIGN PLEDGES | President-elect and deputy say they are raring to go

Fulfil promises, Jubilee MPs told

Uhuru, Ruto say they are banking on new members to deliver promises

BY ALPHONCE SHIUNDU AND MACHARIA MWANGI

newsdesk@ke.nationmedia.com

P resident-elect Uhuru

Kenyatta and his

deputy, Mr William

Ruto, yesterday told Jubilee coalition MPs-elect they were banking on their support to fulfil promises made to Ken- yans during the campaigns. The two leaders, whose victory is the subject of a Su- preme Court petition, told the MPs-elect at the Great Rift Valley Lodge in Naivasha that though the coalition won the March 4 poll, all that was left was for the Supreme Court to endorse it. “Jubilee has majority members of the National Assembly, majority sena- tors, majority county women representatives and majority county representatives, so it is only logical that we won the presidency,” said Mr Ruto. “Be that as it may, we are law-abiding citizens and we

have submitted ourselves to the court and ensure that the truth, fairness and justice prevail,” the deputy President-elect said. He said Jubilee had a historic mandate of imple- menting the Constitution and transforming the country, especially through devolution, as soon the court confirmed its victory. “We are committed to changing the country for good so that the electorate can have faith in electing leaders with the country at heart,” said Mr Ruto. Mr Kenyatta said he was ready to start work with the MPs-elect as soon as the Su- preme Court did its job. “I look forward to work- ing with you as a disciplined Executive working with a disciplined Parliament,” he said. “When you see us going wrong, call us, let’s talk. When we see you going wrong, we’ll tell you, listen to us. I look forward to lis- tening to you once some six people decide. What(ever) they’ll decide we’re ready. We hope that you are ready,” he said. Mr Kenyatta told the new MPs they should stick to-

he said. Mr Kenyatta told the new MPs they should stick to- ‘‘ Jubilee has majority

‘‘

Jubilee has majority in National Assembly members, majority senators, majority county women representatives, so it is only logical that we won the presidency

Deputy President-elect William Ruto

gether and implement their promises if they expected to be re-elected. “The bulk went home be- cause they forgot to deliver

EMMA NZIOKA | NATION

President-elect Uhuru Kenyatta, his deputy William Ruto and other members of the Jubilee Coalition arrive at the Great Rift Valley Lodge in Naivasha for a strategy meeting yesterday. The leaders appealed to MPs-elect to work with them to deliver on their election promises.

what they promised to the people. When we campaigned, we campaigned as a team. We won. After three months, you start hearing a new vocabu- lary of ‘this is how I did it’ or ‘I am here because of what I did’ … we are a team, we must remain united,” said Mr

Kenyatta. The President-elect said the MPs should not be pre-oc- cupied with making headlines in newspapers. “Do not focus on antics. Kenyans are not going to live on headlines,” he told the 221 MPs.

Uhuru allies propose mass swearing-in

BY NATION REPORTERS

MPs-elect allied to the Jubilee coalition yesterday expressed concern at how the swearing-in at the National Assembly will be done. They anticipate a mass oath- taking ceremony when the 11th Parliament sits for the first time this morning. The 221 lawmakers are drawn from Kanu, TNA, URP, Ford- People, Kenya National Congress, Narc, Federal Party of Kenya, New Ford-Kenya, CCU, independent MPs, Alliance Party of Kenya and Narc-Kenya.

Take long

Speaking at a meeting of the coalition’s senators and MPs in Naivasha, the leaders said indi- vidual oath-taking by 349 members would take long. But for the Senate, they said oath-taking could be done in three hours because there were only 67 members. National Assembly Clerk Justin Bundi said the House was prepared for the swearing-in of all MPs ir- respective of how long it would take, but added that they were open to ideas on how to fast-track the process. “We are ready to negotiate with the MPs and have it done in bunches if they want,’’ Mr Bundi said.

the process. “We are ready to negotiate with the MPs and have it done in bunches

DAILY NATION

Thursday March

28, 2013

National News

9

FACING ARREST | Six have been identified

14 bloggers linked to hate messages

CCK tracking down eight who use pseudonyms to spread malicious posts on social media sites

BY FRED MUKINDA

fmukinda@ke.nationmedia.com

T he search for 14 bloggers

suspected of posting hate

messages on the Internet has

started. Six of them had been identified and were being investigated, a media monitoring committee revealed yes- terday. The rest use pseudonyms and the Communication Commission of Kenya (CCK) has been asked to unearth their identities, according to the National Steering Committee on Media Monitoring. “We were able to download a number of postings and sent them to CCK. We identified eight other bloggers apart from the six being investigated. Most of them use pseudonyms but CCK has assured us that in a week or so we shall be able to identify the eight others,” the director of Public Communications, Ms Mary Ombara said yesterday. Mr Robert Alai, a well-known blogger was on Tuesday charged with posting “annoying” statements on social media sites, Twitter and Facebook. He was arrested following com- plaints by head of civil service Francis Kimemia and released on a Sh50,000 cash bail. The commission is also investigat- ing an FM radio station because it deems messages posted on its online

platform as hate. “There’s one par- ticular vernacular radio station that during the week was posting this kind of information. The language is derogative and targets a specified community,” Ms Ombara said. “The committee wishes to caution all those engaged in social media to verify any messages of political nature that they receive through SMS before making any postings,” read part of a statement issued by the committee. Those blacklisted would be charged with contravening the Kenya Informa- tion and Communication Act. Mobile phone service providers have helped in blocking thousands of text messages deemed to spread hatred. The government was however unde- cided on how to deal with those who send them, having been overwhelmed by the large numbers.

MONITORING

Mobile phone firms help to block texts

Mobile phone providers block up

to 300,000 hate short message texts per day.

The companies have installedblock up to 300,000 hate short message texts per day. software that detects messages containing particular

software that detects messages containing particular words and automatically flag them off for fur- ther scrutiny.

The government has announced

plans to launch the National Pub- lic Key Infrastructure, a platform that will ensure all online business transactions are digitally certified and thus bar use of pseudonyms.

a platform that will ensure all online business transactions are digitally certified and thus bar use
a platform that will ensure all online business transactions are digitally certified and thus bar use
are digitally certified and thus bar use of pseudonyms. PHOTO | PPS President Kibaki presents the

PHOTO | PPS

President Kibaki presents the new ‘Coat of Arms’ to the National Intelligence Service director-general, Maj-Gen Michael Gichangi during a farewell luncheon for the Head of State at the School of Analysis in Kitisuru, Nairobi, yesterday.

Kibaki urges peace ahead of key ruling

BY PPS

President Kibaki yesterday called on all Kenyans to maintain peace, as they await the Supreme Court’s ruling on the presidential election petitions. The President, who will retire when his successor is sworn-in, was addressing a luncheon hosted in his honour by National Intelligence

Service (NIS) at their new School of Analysis in Kitisuru, Nairobi. He reaffirmed his commitment to a peaceful transfer of power to the next government. The Head of State urged the wa- nanchi to restore normalcy in the country’s economic sectors as soon as possible. “As the country awaits the Supreme Court ruling on the presidential elec- tion petitions, I call upon all of us to accept it and maintain peace.”

At the same time, President Kibaki urged active users of social media to use such forums to spread peace and unity. He praised NIS and other security organs for their contribution towards a peaceful General Election and for enabling Kenyans exercise their democratic rights freely. “I also wish to commend all Ken- yans for maintaining peace before, during and after the elections,”

maintaining peace before, during and after the elections,” As the country awaits the Supreme Court ruling,

As the country awaits the Supreme Court ruling, I call upon all of us to accept it and maintain peace”

President Kibaki

President Kibaki said. The Head of State, who presented the top security agency with its new emblem, signifying the transforma- tion of the country’s intelligence structures, commended NIS for setting up the state-of-the-art School of Analysis.

Emerging threats

He noted that the National Intel- ligence Service Act and legislation such as the Prevention of Terrorism Act, Money Laundering Act and Or- ganized Crimes Act had increased the capacity of NIS to deal with emerging threats. Out-going Internal Security minis- ter Katoo ole Metito assured Kenyans that their security was guaranteed at all times, adding that the March 4 General Election was a testimony of the government’s commitment to peace and harmony in the country.

that the March 4 General Election was a testimony of the government’s commitment to peace and
that the March 4 General Election was a testimony of the government’s commitment to peace and
that the March 4 General Election was a testimony of the government’s commitment to peace and
that the March 4 General Election was a testimony of the government’s commitment to peace and
that the March 4 General Election was a testimony of the government’s commitment to peace and

10 | National News

DAILY NATION Thursday March 28, 2013

DISCRIMINATION | Women golfers saga takes a new turn

Club gender row sent to mediator

Board and complainants given three weeks to try and resolve matter through mediation

BY VINCENT AGOYA

vagoya@ke.nationmedia.com

P arties at the centre of a gender row at the Limuru Golf Club have been given three weeks

to resolve the matter. A High Court judge Isaac Lenaola said yesterday ordered the feuding parties to make a final attempt at mediation, failure to which the case would go for a full hearing. “The choice will be between pursu- ing proceedings in court or outside mediation systems,” the judge said. The club’s board of directors has been locked in a tussle since last December with three women members who are contesting their expulsion. Yesterday, submissions by the par- ties were suspended after they agreed to the mediation suggestion. However, similar attempts since December have failed after the board kicked out Ms Rose Mambo,

Ms Martha Vincent and Ms Catherine Wangari went to court accusing the club of intimidation and harassment

and that the case bordered on gender

discrimination

They successfully stopped a meet- ing by the board to sanction their expulsion pending determination of their petition in court, but they remained barred from participating in the club’s management. Justice Lenaola said despite the

failure of earlier talks, there was still

a possibility of an out-of-court settle-

ment and directed the parties to file

a report in 21 days.

The parties clashed before the judge yesterday, with either side accusing the other of “lacking humility”. The women accused the club “of going on an ego trip” by barring Ms Mambo from playing golf last Saturday. The court heard that Ms Mambo was barred from playing on the orders of chairman Yassin Awale. On hearing this, the judge asked the men to be “reasonable” until the mat-

ter is settled. “This court would have expected some sort of mediation. Let

it be a last resort, let us look for other

ways and avoid this matter spiralling beyond Limuru,” the judge said.

‘‘
‘‘

The choice will be between pursuing proceedings in court or outside mediation systems”

Justice Isaac Lenaola

He also extended an interim order stopping a meeting at which a final verdict on the women’s expulsion was to be finalised.

The wrangling started after the male-dominated board passed a rule the three women said would take away

PAUL WAWERU | NATION

Limuru Country club chairman Yassin Awale (centre), director Kagochi Mutero (right) and former Kenya Golf Union chairman Mwaniki Gachoka out- side the High Court yesterday after the hearing of case in which the club had been sued for gender discrimination.

their voting rights. The women were expelled soon after publicly protesting against gender discrimination. They have demanded a constitutional interpretation on their status in the club vis-a-vis the raft of membership by-laws governing it.

Shahbal loses suit challenging Joho’s election as governor

BY NATION REPORTER

Mombasa governor candidate Sulei- man Shahbal yesterday lost his court challenge against the election of Mr Ali Hassan Joho as governor. A judge in Nairobi ruled that Mr Shahbal failed to follow rules govern- ing election petitions and presented

his case to the wrong forum. In an application to the Constitu- tional Division of the High Court, Mr Shahbal, who was contesting on a Wiper ticket, alleged bribery, exclu- sion of agents, late opening of polling stations and failure to extend the time where voting started late. He sought an order stopping the

electoral commission from gazetting Mr Joho as governor. Lady Justice Mumbi Ngugi yes- terday said the case was about the outcome of an election and such chal- lenges could only be made through a petition. “This pertains to the election of the Governor of Mombasa. There is a High Court in Mombasa and there is

no good reason why the petition was not filed there,” the judge said. She said it was not a fatal flaw as the petition could be transferred to Mombasa. The flaw, she said, was that Mr Shahbal presented election issues in the form of a constitutional petition when the law is clear on how to challenge poll outcomes.

BRIEFLY

NAIROBI

Businessman denies Sh12m drugs charge

A Nigerian businessman has denied a charge of trafficking cocaine worth Sh12 million. The drugs were allegedly found in his bag at the Jomo Kenyatta Inter- national Airport. A court yester- day ruled that Mr James Johnson Udogwu remains in police cus- tody at the anti-narcotics unit headquarters at the airport until police complete their investiga- tions. Mr Udogwu was arrested on Sunday.

NAKURU

IEBC official denies hiding ballot papers

An electoral officer has been charged with hiding election mate- rials at a polling centre in Rongai Constituency, Nakuru County, dur- ing the March 4 polls. Mr Kennedy Nyariki, who was a presiding of- ficer at Kimorora polling centre, denied committing the offence. He was allegedly found with ballot pa- pers for the various elective seats, contrary to the law. The case was set for April 2.

NYERI

Jobseeker freed on bond in police job forgery suit

A man has been charged in a Nyeri court with forging a degree certificate and presenting it to the Kenya Police College, Kiganjo, for recruitment. Mr Alex Pkemoi was yesterday denied forging a Bach- elor of Law degree certificate on or before January 12, purporting it to be genuine and issued by Moi University. He was released on a Sh200,000 bond. The case will be heard today.

released on a Sh200,000 bond. The case will be heard today. Court rejects TNA bid to

Court rejects TNA bid to block list of senators

BY NATION REPORTER

The National Alliance party has lost an commission sus- pend its list of nominated women senators. The party challenged the list after the Independent Electoral and Boundaries Commission (IEBC) left out its number three nominee, Lydia Mathia,

from the final list published in the Kenya Gazette. The party accused the IEBC

of skipping Ms Mathia’s name

and replacing it with others

that were not among the top five in the party’s list.

Discrimination

It sought orders quash- ing IEBC’s Gazette notice

pending determination of its constitutional petition against alleged discrimination against Ms Mathia. The High Court yester- day ruled that Ms Mathia and her party’s issues could only be addressed through an election petition and not

a constitutional application

that they had filed.

“An order quashing the Ga- zette notice will result in the loss of seats by persons who are MPs,” Justice David Majanja ruled yesterday. According to the judge, those in the IEBC list were already MPs by virtue of the Gazette notice.

Constitutional petition

Ms Mathia can only get the seat if a Senator loses it and the court can only intervene if it

is approached with an election petition, the judge held. TNA and Ms Mathia had challenged IEBC’s handling of the party’s list of nominated women senators through a con- stitutional petition. Party chairman Johnson Sakaja accused the commission of acting beyond its mandate by altering the party’s list. The party had submitted its list of women to be nominated into the Senate. The list, Mr Sakaja said, met the legal requirements for regional, ethnic and gen-

der balance in their Jubilee Coalition.

DAILY NATION

Thursday March

28, 2013

National News

11

REFORMS | Mutula forwards regulations to AG for editing before gazetting

Tough new school rules unveiled

Measures outline action to be taken on rogue learners and parents who deny education

BY BENJAMIN MUINDI

bmuindi@ke.nationmedia.com

A set of rules compelling parents to take children to school have been developed in accordance

with the new Basic Education Act. The guidelines state the disciplinary actions school boards should take when learners commit an offence. Education Minister Mutula Kilonzo yesterday forwarded the regulations to Attorney-General Githu Muigai for editing before they are gazetted. The school board of management in consultation with parents, students and teachers’ associations shall dis- cuss the disciplinary action to be taken

against a student, the rules state. “The board will also provide incen- tives for adherence of school rules by students and recommend appropri- ate corrective measures in case of a breach,” Mr Kilonzo said. Under this, headteachers will be required to keep a record of all “cor- rective” measures against learners. The boards will give affected stu- dents and their parents a hearing and determine the punishment commen- surate with the offence. Only the County Education Board can order the expulsion of a child. It will also recommend the student for admission to an institution that specialises in behaviour correction. In cases of mass indiscipline, only the board of management can declare a school closed, after which it will report to the County Educa- tion Board. The Education Appeals Tribunal will be the final appeal authority for

RULES AT A GLANCE

No more arbitrary decisions by heads

Records: School heads to keep record of corrective measures taken Hearings: Affected students and parents entitled to a hearing be- fore any action is taken Expulsion: Only the County Education Board can order the expulsion of a child Mass indiscipline: Only the board of management can de- clare a school closed in case of riots

aggrieved parties. The regulations were drafted in line with the provisions of the Basic

Education Act, which guarantees every child the right to free and compulsory basic education. The Act, which became law this year after President Kibaki assented to it, says a parent who fails to send a child to school risks going to jail for one year or paying Sh100,000 fine. “A person who contravenes this section shall be liable to a fine not exceeding Sh100,000 or to impris- onment for a term not exceeding one year, or both, “ it reads. “It shall be the responsibility of every parent or guardian to admit or cause to be admitted his or her child to a basic education institution,” it adds. Learning has also been made compulsory from pre-school to Form Four. Previously, pre-school was not compulsory and basic education only covered primary level. It also outlaws child labour and prescribes stiffer penalties for of- fenders.

NEW GOVERNOR | A dance for county boss Karuturi Danc- ers entertain guests during the
NEW GOVERNOR | A dance for county boss
Karuturi Danc-
ers entertain
guests during
the swearing
in of Nakuru
County Governor
Kinuthia Mbugua
at Afraha Sta-
dium yesterday.
SULEIMAN MBATIAH |
NATION
RELATED STORIES
ON PAGE 3, 18-19

Cheptumo heeds order to quit post

BY NATION REPORTERS

Justice assistant minister Wil-

liam Cheptumo has joined the list

of MPs holding Cabinet positions

who have resigned ahead of today’s

swearing-in. Mr Cheptumo, who spoke to the Nation from Naivasha where MPs

are strategising for various House jobs, said his colleagues who were still hanging on were “bastardis- ing the Constitution they swore

to protect.” “Section 152 (3) of the Con-

stitution bars any Member of Parliament from serving as

a Cabinet minister and Cord

should not make a mountain out

of a mole hill,” the Baringo North

MP-elect said. Last week, President Kibaki or- dered all ministers who had been elected as governors, senators or National Assembly members to quit the Cabinet.

Principals’ collision

President-elect Uhuru Kenyatta also weighed in on Friday asking all ministers and their assistants elected to Parliament or county

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12 | Opinion

DAILY NATION Thursday March 28, 2013

12 | Opinion DAILY NATION Thursday March 28, 2013 County leaders should live up to expectations

County leaders should live up to expectations

A momentous event towards devolution was

marked yesterday with the swearing-in of

leaders who will govern the 47 counties.

Installation of the governors was not just a mere ceremony but something akin to Independence Day

for each of the counties. The governors — to be aided by appointed County Executives and elected

County Assemblies — take office when there are still a lot of grey areas in the interlink between the devolved and central governments. It appears that a few bureaucrats in Nairobi took

it upon themselves in the dying days of the last

Parliament to pass laws to maintain the Central

Government overseers in the counties. They created

a parallel system of administration that could well

render county governments dead-on-arrival. The courts may well have to determine whether retaining the entire system of administrative officials reporting to the Office of the President offends the letter and spirit of the Constitution. However, before these issues are resolved, governors have taken office and must hit the ground running. Voters have bestowed on them and on county assembly representatives great responsibility and trust. Those elected must demonstrate from the first day in the office that they are equal to the task. They must show that they are not just glorified council chairmen, mayors and councillors of the corrupt and incompetent local government regimes that were swept into the dustbin of history. Kenyans across all the 47 counties expect and deserve competent, innovative and forward-looking governments. It cannot be business as usual. It cannot be about squabbling over garbage collection contracts, bursary allocations, supply tenders, business licences, land grabbing and other petty rent-seeking activities.

Restart TSC recruitment

T he Teachers Service Commission is finding

itself in an awkward situation following the

nullification of the appointment of three

commissioners by the High Court. At the centre of the row that has dragged on since last year was that the appointments were irregular to the extent that they did not take regional, gender representation and merit into account. All along, it had been noted that the best candidates during the interviews were skipped and replaced with those who did not score as well. MPs rejected the nominees and the Executive was directed to present fresh names, only for the same names to be presented again for appointment. TSC is independent and its commissioners must be appointed through an open, competitive and transparent process. As the agency responsible for handling teachers’ matters, the commission finds itself paralysed because some decisions can only be made by the commissioners. Given the significant role TSC plays in education, a fresh and transparent recruitment must start to appoint candidates with the credibility required of the commission. The Executive must stop these games.

A PUBLICATION OF NATION MEDIA GROUP

LINUS GITAHI: Chief Executive Officer JOSEPH ODINDO: Editorial Director MUTUMA MATHIU: Group Managing Editor

Published at Nation Centre, Kimathi Street and printed at Mombasa Road, Nairobi by Nation Media Group Limited POB 49010, Nairobi 00100 Tel: 3288000, 0719038000. Fax 221396 editor@ke.nationmedia.com Registered at the GPO as a newspaper

Registered at the GPO as a newspaper WHAT OTHERS SAY | Charles Onyango-Obbo Things men’s

WHAT OTHERS SAY | Charles Onyango-Obbo

Things men’s shirts tell us about women and politics in Kenya

I got a welcome reality

check last week when

I was passing through

Jomo Kenyatta International Airport. A female Immigration officer asked me if I “used” to write in the Daily Nation.

I said yes. She asked why I had stopped. I said I hadn’t, I was still writing this weekly column and other stuff. She paused, a little embarrassed, and came clean. She said it was her who had stopped reading newspapers. Why? She said “there was too much politics. And these days you people write about elections only from page

one to the end as if there is nothing else in life”. She said maybe when all the politics ends, she will begin reading newspapers again. Another good friend — a civic-minded chap — told me if I wrote another column on the Kenya elections, which is now being fought out via

a petition in the Supreme

Court challenging the declaration of Uhuru Kenyatta as winner, he will not sit down with me for coffee for a while. So, while for many people the election is nearly the beginning and end of life, for some it is actually a one- day event. I will, therefore, not dwell too much on the

election. Two things are worth mentioning. One, it was noteworthy that there was not a single woman elected as governor in the March 4 election. All the 47 governorships went to men. Generally, except

occasionally in the USA, voters seem to have it in for women. They rarely elect women as governors. Secondly, the fact that the boys still pretty much control things is evident in the Supreme Court petition. Ms Kethi Kilonzo, the diminutive but feisty lead lawyer for the African Centre for Open Governance (AfriCog), sticks out like a Martian from a sea of men with clean-shaven heads and dark suits in the courtroom. The only other woman in a position of authority in the courtroom is Supreme Court judge Njoki Ndung’u.

in the courtroom is Supreme Court judge Njoki Ndung’u. In those days, no man went out

In those days, no man went out of his house without a pen in his shirt pocket. It was our 20th century legal warrior’s spear. It was something the women couldn’t carry publicly.”

Such scenes, and the performance of women in the recent election in Kenya, as with all elections in Africa, usually send feminists into despair. Male voters won’t vote for women candidates, and even women voters, who reproduce the mindset of patriarchy that has short-changed them for generations, will not, they complain. While the present picture is not heartening for women in politics, I am slightly more optimistic. This is because of the way change happens. None of the reforms that the 2010 Constitution introduced to increase women’s access to elected political office will have a real impact until about another 10 years – at the 2023 election. For example the once giant Kodak, the camera, film and print products maker, filed for bankruptcy last year. Kodak sank because it failed to take advantage of the digital revolution, especially the digital camera. However, that failure just didn’t happen in 2012. It started 37 years earlier when Kodak invented the digital camera (that eventually all but killed it) but wasn’t smart enough to champion it because it was making too much money selling film. In fact for me, it wasn’t the rise of the feminist

movement, and the sense of fairness and justice that convinced me that one day

the girls will rule even in Kenya, as in most of Africa. It was over 30 years when

I was a little boy and saw

a men’s shirt without a

pocket, and a plain button placket (as opposed to the double stitched one). People like to say power began shifting when women “started wearing trousers”.

No, it is when men’s shirts started to look like blouses. Women wear trousers, but they are women’s trousers, because of differences in our body shapes. However, shirts have been more flexible. There was a lot of politics involved in men’s shirts. We used to go to school when girls were being discriminated against. In those days no man went out of his house without

a pen in his shirt pocket.

It was our 20th century legal warrior’s spear. It was something the women couldn’t carry publicly. They only carry pens out of sight in their pockets and handbags. The pen was the ultimate symbol of male power and badge of gender inequality. I guess by the time Ms Kilonzo runs for governor, if she ever does, the revolution will have matured.

cobbo@ke.nationmedia.com and twitter@cobbo3

DAILY NATION Thursday March 28, 2013

Opinion

13

NATIONAL DIALOGUE | Peter Kerre

Leaders can unlock benefits for nation by actively engaging Kenyans abroad

W hile there is no accurate

figure on the number of

Kenyans living in the

W hile there is no accurate figure on the number of Kenyans living in the

diaspora, it is estimated that this

could be close to three million. This forgotten constituency

can

play a big role in Kenya’s

development if the incoming administration extends its hand to engage them. However, with no clearly defined diaspora policy in place, there has been a disconnect in the relationship between the diaspora and

past

administrations. It is also

important to note that during election campaigns, none of the

alliances mentioned the diaspora in their manifestos. There are three key pillars of engagement we could use as a foundation for building

President Kibaki addresses Kenyans in London.

and frameworks that match international standards are put in place, more of the money would

a

relationship between

readily be invested. But the

diaspora communities and

government must first identify

the

government: Engaging

its goals and capacities, then

the

diaspora as development

match them to diaspora interests

partners, Reversing brain drain

for effective engagement.

and

Increasing representation.

Kenya not only loses

but also through students abroad

The first should be a key interest of the incoming

thousands of brilliant minds annually to organisations and

administration. According to data released by the Central Bank of Kenya, between 2011

governments abroad due to more lucrative opportunities,

and

2012, diaspora remittances

settling and working in foreign

hit a historic high of $1.17 billion (Sh100.39 billion) making diaspora remittances the fourth highest foreign currency earner for Kenya. While a sizeable amount goes towards family and personal use, if credible investment programmes with policies

nations. Kenya is in great need of doctors, nurses, engineers, IT and other skilled professionals. Many Kenyans in the diaspora, who have been abroad for work or study often express the desire to return home but would prefer to have a job guarantee in place

first. A good way to initiate this would be by holding career fairs abroad to educate them on the opportunities at home. A good example of a similar initiative is the United Nations Development Programme’s Transfer of Knowledge Through Expatriate Nationals (TOKTEN ) initiative. This is a global mechanism for tapping expatriates who have achieved professional success and mobilising them to undertake short-term consultancies in their countries of origin under the aegis of the UN agency. Representation of the diaspora in government is also key. While it may be too late to have nominated members representing the diaspora in the National Assembly as a special interest group for the incoming term under Article 97 (1) (c) of the Constitution, it is not too late to establish diaspora representation at the highest level of government, for example through a ministry, as some countries such as India, Canada, Armenia, Israel, Mali and Bangladesh have done. The Philippines has a Commission on Filipinos Overseas (CFO) that is directly under the office of the president. These countries recognised the value that the diaspora populations were bringing to development efforts back home. Representation can also help define outreach programmes for engaging diaspora communities.

Such initiatives would help to not only strengthen the bond between government and Kenyans abroad, but also create grassroots level ambassadors for the country. In my consulting career over the decades in the US, I have come across Kenyans working as key influencers and executives

for global financial, IT and other fields whose connections could be tapped into for the benefit of their homeland. Just as the Kenyan executive at Goldman Sachs can easily make

a phone call and find a group of

investors willing to invest over $10 million in Kenya, another working as an NYPD officer could initiate cross-training efforts between his employer and the Kenyan police that could also lead to exchange of expertise. Similarly, college students could engage universities to initiate programmes and initiatives to partner with and mentor educational institutions

in Kenya. With an effective outreach initiative, it would be

easier for these connections to be initiated and utilised for the benefits of all. Kenya is ripe for inclusion of the diaspora in nation building and while extensive consulting will be needed, the three engagement pillars would form

a good starting point.

Mr Kerre is an entrepreneur and cyber security consultant who lives in New York City.

INTERNATIONAL RELATIONS | Gareth Evans

UN offers great value given its limited budget

T here is nothing like exposure to

smart and idealistic young people

to make jaded and world-weary

policy-makers and commentators feel better about the future. I have just had that experience meeting delegates to the 22nd World Model United Nations Conference, which brought together in Australia more than 2,000 students from every continent to debate peace, development and human rights, and the role of the UN in securing them. What impressed me most is how passionately this generation of future leaders felt about the relevance and capacity of the UN system. They are right: the UN can deliver when it comes to national security, human security and human dignity. But, as I told them, they have a big task of persuasion ahead of them. No organisation in the world embodies as many dreams, yet provides so many frustrations, as the UN. For most of its history, the Security Council has been the prisoner of great-power manoeuvring; the General Assembly a theater of empty rhetoric; the Economic and Social Council a largely dysfunctional irrelevance; and the Secretariat, for all the dedication and brilliance of a host of individuals, alarmingly inefficient. However, what needs to be better understood publicly is just how many different roles the UN plays. The various

is just how many different roles the UN plays. The various The UN provides great value

The UN provides great value for what the world spends on it and if it ever ceased to exist, we would have to reinvent it.”

departments, programmes, organs and

agencies within the UN system address

a broad spectrum of issues, from peace

and security between and within states to human rights, health, education, poverty alleviation, disaster relief, refugee protection, trafficking of people and drugs, heritage protection, climate change and the environment, and much more. What is least appreciated of all is how cost-effectively these agencies – for all their limitations – perform overall, in both absolute and comparative terms. The UN’s core functions – leaving aside peacekeeping missions but including its operations at its New York headquarters; at offices in Geneva, Vienna and Nairobi; and at the five regional commissions

around the world – now employ 44,000

people at a cost of around $2.5 billion

a year. That might sound like a lot, but

the Tokyo Fire Department spends about the same amount each year, and the Australian Department of Human

Services spends $3 billion more (with less staff). And that’s just two departments in two of the UN’s 193 member states. Even including related programmes and organs (like the UN Development Programme and the office of the UN High Commissioner for Refugees), as well as peacekeeping activities, the UN system’s

total cost is still only around $30 billion

a year. That is less than half the annual

budget for New York City, and well under

a third of the roughly $105 billion that

the US military has been spending each year, on average, in Afghanistan. Wall Street employees received more in annual bonuses ($33.2 billion) in 2007. The whole family of the UN Secretariat and related entities, together with current peacekeepers, adds up to around 215,000 people worldwide — less than one-eighth of the 1.8 million staff employed by McDonald’s worldwide! As the youth gathered in Melbourne understood, is that the UN provides great value for what the world spends on it, and that if it ever ceased to exist, we would have to reinvent it. The downsides are real, but we need to remember the immortal words of Dag Hammarskjold, the UN’s second secretary-general: “The UN was created not to bring us to heaven, but to save us from hell.”

Evans is the patron of the World Model UN Conference 2013.

THE CUTTING EDGE

BY THE WATCHMAN

CHANGING TIMES. The fights over office space by governors is not only disheartening, but also outdated, says X.N. Iraki, adding: “We now work in the cyberspace or telecommute. Instead of offices we have open work spaces, not cubicles where employees used to snore or idle around. Governors should instead be busy writing strategic plans for their counties and outlining what they intend to achieve in the next five years. We had county councils and they had offices, so what are fights for?” His contact is xniraki@gmail.com.

CURIOUS ABOUT-TURN. Outgoing Deputy PM

Musalia Mudavadi’s quick about-turn to embrace President-elect Uhuru Kenyatta just confirms “how politicians think voters have a short memory,” says Onyango Alare. During the campaigns, he recalls, Mudavadi on many occasions warning that an Uhuru presidency would be disastrous because the country would be slapped with economic sanctions for electing someone indicted by the ICC. “So, what has changed now? I hope the voters will remember this, come 2018.”

His contact is onyangokalare@yahoo.com.

DON’T READ TOO MUCH. Those criticising

Samsung adverts are just being oversensitive, remarks Tony Gee, in response to Thuth Mambela’s claim. “I feel Mambela overreacted to the Samsung fridge advert that he said was patronising. My fridge has a built-in ‘spike’ controller, necessary because of the massive voltage fluctuations from Kenya Power, but which is not fitted in appliances for other markets. Without this, I would be fitting a new compressor every three months:

this is one of the ‘African conditions’ he meant.” His contact is teegee6@ovi.com.

conditions’ he meant.” His contact is teegee6@ovi.com. The NHIF headquarters in Nairobi. SHOW ME THE CARD.

The NHIF headquarters in Nairobi.

SHOW ME THE CARD. When he was employed some three years ago, Philip Watuma says, he was immediately registered with the National Hospital Insurance Fund’s Mombasa office and the monthly deductions effected. However, to date, he has not been issued with his membership card and he wonders how much longer he will have to wait for this document. He has called at NHIF offices several times and all he gets are flimsy explanations. His account number is R 3081753 and he can be reached through email:

philtin@yahoo.com.

DO AS I SAY. The National Environment Management Authority has put up huge billboards emblazoned with the words ‘Donated by Nema’ in Ogembo Town in Nyanza, advising local residents not to litter, but it didn’t deem it necessary to provide even a single dustbin, says Job Momanyi. While he lauds Nema’s role in conservation, as the principal government agency, he feels it should have installed some dustbins to get the residents to practise what it is preaching. His contact is jobmomanyi@yahoo.com.

LEAD AND LET LEAD. The monster of tribalism can only be slain once and for all if all the communities are given a chance to lead the country in politics and other spheres, says John Ogolla. “Since ours is a multi- ethnic nation, it is only fair that every community is given an opportunity to lead this beautiful country. Let the big tribes not bully smaller ones as they may need them some other time to win the much-coveted presidency,” adds John, whose contact is jjohnogolla@

35.gmail.com.

Have an equitable day, won’t you!

E-mail: watchman@ke.nationmedia.com or write to Watchman POB 49010, Nairobi 00100 Fax 2213946

14 | Letters

DAILY NATION Thursday March 28, 2013

To the editor

The editor welcomes brief letters on topical issues. Write on e-mail to: mailbox@ ke.nationmedia.com. You can also mail to: The Editor, Daily Nation, POB 49010, Nairobi 00100. Letters may be edited for clarity, space or legal considerations.

Leaders should take the blame for voter apathy

The decision by some Nyanza leaders to blame voters for the pre- dicament facing Prime Minister Raila Odinga, does not hold water. It is surprising that even after re- alising cases of voter apathy as they claim, they took no serious action to correct the situation. So they too deserve the blame for not mobilising people to turn out in large numbers. Blaming voters for the Raila pre- dicament does not serve the country any good. It is the duty of the politi- cians to have properly educated Ken- yans on the importance of voting. Encouraging Nyanza people to give birth at a a faster rate was shocking to say the least. NAMASAKA PETER, Nairobi

Achebe booked himself a place among the great

What was really the secret behind Achebe’s immense success? Was it ingenuity or some abnormal talent resident in this famous author? Maybe. However, I doubt it. I think Achebe’s creativity was a result of deep reflections coupled with a desire to interact intimately with the world around through skilful im- agination. This is the only way one can explain how a young man of 28 could have written the classic Things Fall Apart heavily laden with African proverbs that would put an ordinary 80-year-old man to shame. A simi- lar feat was only achieved by Tom Mboya in politics. DAVID SONYE, Rarieda

Police never help their image with their acts

I read with both interest and sym- pathy the plight of Mr Suraj Shah and Mr David Kimeli on Naivasha Highway. As a frequent traveller on the route I have my own tales to tell as do many others. The police do not help their own credibility by their actions. If I am only driving at 63 kph behind a de- livery lorry, how does a policeman stop me and claim I was driving at 109 kph? When I demanded to see either the speed gun reading or a laptop radar reading I was warned not to be insolent. If the Inspector General can change all this, then he will be a miracle worker. STEVE FOSTER, Nakuru

TALKING POINT

It’s sad our leaders didn’t go beyond tribe in choosing petition lawyers

T here is a curious trend for

choice of lawyers by one pe-

titioner and several respond-

ents over the presidential election at the Supreme Court. The main petitioner, Raila Od- inga has chosen his tribesmen George Oraro and Ochieng’ Oduol to represent him. Isaack Hassan’s choice his tribesman Ahmednassir Abdullahi, while Uhuru Kenyatta and William Ruto have Fred Ngatia and Katwa Kigen respectively. Only the IEBC came with a hy- brid for its representation but that could be due to the fact that it is an institution. I’m not rushing into accusing anyone of tribalism and the usual or into interjections of “everyone has a right to legal representation of his or her own choice”. We may be blaming greed and hatred for fanning tribalism, but the problem could be much bigger than we thought; we may need the intervention of psychologists. It could be emotional weakness and the feeling of insecurity. When un- der duress, like when confronted by an ogre, many shout for help from an unlikely source — Mama! She held us close to her heart. Even though our leaders are trying to put up brave faces, we know that they are restless about this presidential petition. They are under serious stress and when push comes to shove, the closest to mama could be tribesman!. Under such pressure, these leaders must have first shared the stress with their tribesmen (pos-

have first shared the stress with their tribesmen (pos- FILE | NATION Election petition proceedings at

FILE | NATION

Election petition proceedings at the Supreme Court on Tuesday.

sibly in their mother tongue) who swallowed the ogre and advised that help could only come from the nearest mother — tribesman. So tribalism could be much more entrenched than we thought and the problem could be psychologi- cal and not mere hatred. There is no such thing as integrity, trans- parency, equity, etc when under duress.

SILAS NYAMBOK, Athi River

Big shame!

Are our leaders playing tribal games with us? In the latest elec-

tion petition it is evident that our leaders are most ethnic. They would rather be represented by their “own” — their tribesmen. Is this the kind of change they preached during their campaigns? Is this what they want the people of Kenya to see and embrace? Don’t our leaders have advisers? Mr Odinga’s lawyer is Oraro, Uhuru’s is Ngatia, Mr Ahmednassir is representing Hassan and Kigen is Ruto’s lawyer. From the names alone you can tell that each leader has his tribesman defending him. It’s a big shame and a pity. CHRISTABEL ODHIAMBO, Maseno

Presidential petition shows democracy is taking root in Kenya

The presidential petition has put the country on the world map. The display of wit and comprehensive understanding of the law is yet another feather in the justice system following the far-reaching judicial reforms. What a moment of greatness for the people of this beloved nation! As the proceedings head towards the critical stage, all parties should uphold high standards. Shameful scenes like the ones involving Ms Nazlin Omar must be avoided. Citizens have a right to be heard, but they must adhere to rules of engagement. The highest court in the land deserves respect and decorum. Turning to the two major parties in the petition, so far the learned friends have behaved well. Each side

has put up a spirited fight. The Supreme Court di- rected the re-tallying of votes in 22 polling stations and a review of forms 34 and 36, but Cord’s plea to have a forensic audit of the electronic system was rejected. I salute the Kenyan people for maintaining peace during the proceedings. The citizens have taken the period of the petition as a moment of reflection on just what went wrong with the presidential poll. In fact, many are treating the petition as a therapeutic season after the pain of a contested victory. Elections should cease to be moments of shame and ethnic division. Let us abide by the decision of the court.

BENARD. AMAYA, Nairobi

SHORT TAKES

Emails from correspondents

CONDOM AD SPOT-ON: I want to add my voice to the condom ad debate. I congratulate the makers of the ad. The attention generated by the Weka Condom Mpangoni ad is any marketer’s dream. What one might see as negative, is positive for the ad makers for whom one of the primary objectives was to raise the issue of the spread of Aids in the extra-marital context, and the need for such straying couples to exercise caution. On newspapers, TV, and radio shows, not to mention social media, this ad is a hot topic. HEHO MBIRU, Nairobi

LUCKY MOI: Retired President Daniel Moi, the self-styled profes- sor of politics, is counting basket- fuls of blessings. To start with, Moi High School Kabarak emerged top nationally in the 2012 KCSE beat- ing Alliance. Then two of his sons — Gideon and Raymond — won Baringo senatorial seat and Rongai parliamentary seat respectively. The man he groomed into politics, Uhuru Kenyatta, is Kenya’s president-elect. The retired president, who is almost clocking 90, is going easy. The hand of God is with him. JAMES WAKIBIA, Nakuru

A MUM HELB: I’ve noted with great concern that of all the many insti- tutions against which complaints are lodged in this and the Cutting Edge column — Safaricom, Airtel, Multi-Choice, HELB, KRA, KQ, and even the Kenya Power (which often literally subjects us to Mpango wa Candle) — the HELB doesn’t respond. The board has been under the leadership of Benjamin Cheboi, who’s now a governor. I hope under the new leadership of Charles Ring- era, it’ll be responding to complaints, and e-mails and letters sent to it. KIARIE PETER, Laikipia

STARS SHONE: The assertion by Kiarie Peter (Nation, March 25) that he would rather have his teeth pulled out with pliers without anaesthe- sia than have Super Eagles score against Kenya at extra time is taking a joke too far. Harambee Stars were deemed losers owing to the usual politics where officials receive allow- ances before the players. Murphy’s law dictates that if something has to go wrong then it will. The referee did well by stretching our “boys” to see whether they would withstand a tooth being pulled out with pliers as Kiarie implies. They did. Nobody has made such a daring move. KAMICHORE MUTINDIRA, Nairobi

YESTERDAY’S QUESTION

DEBATE QUESTION

What would you want the governor to give priority to in your county?

 

Should ministers elected to new positions quit the Cabinet?

STEPHEN MAKANDA: He should set funds aside to support creative talented youths. MARK NJEBI. Education and indus- trialisation should be given priority. TITUS NDAMBUKI NGEMU: Gov- ernors should address insecurity.

DENNIS JOHNSTONE ONYINO:

in the use of public resources. LINCOLN M KINYUA: To first audit the county to know its worth to cre- ate security, employment, cleanliness, markets for commodities, support of self-help groups, health and food. DAN TUMBO: I believe governors

will hit the ground running on devel- opment strategy plans. This will in turn foster economic growth by alleviating many hardships facing Kenyans. MURUGI MUTEGI: I would want the Nairobi governor to get street families off the streets.

Insecurity and unemployment. MURIMI MBUCHI: I would like the governor of Kirinyaga county to give

Send your comments to:

priority to the agricultural sector. SHABIRA JAFRED-NDIGWA:

Wealth generation, and transparency

mailbox@ke.nationmedia.com

DAILY NATION Thursday March 28, 2013

15

DAILY NATION Thursday March 28, 2013 15
DAILY NATION Thursday March 28, 2013 15
DAILY NATION Thursday March 28, 2013 15
DAILY NATION Thursday March 28, 2013 15
DAILY NATION Thursday March 28, 2013 15
DAILY NATION Thursday March 28, 2013 15

16 |

DAILY NATION Thursday March 28, 2013

SALARIES AND REMUNERATION COMMISSION Let us talk about the wage bill

SALARIES AND REMUNERATION COMMISSION

Let us talk about the wage bill

Did you know that 50% of Kenya’s revenue is used to pay public servants?

Kenya’s public sector wage bill has almost doubled from Ksh 241 billion in 2008-09 to Ksh 458 billion in 2012-

2013.

The Public Wage bill is currently in excess of 50% of the total domestic revenue. This is way above the international best practice of not more than 35% recommended for countries in sub- Saharan Africa. Wage Bill to Recurrent expenditure is estimated to be over 50% compared to the international desirable practice of less than 40% for countries in the sub-Saharan countries.

The size of the wage bill has a direct impact on the performance of the national economy in many ways. It slows down growth, pushing the economy into an endless cycle of borrowing and paying debts and making the economy less competitive in the region for investors because of high labor costs.

The current huge wage bill in Kenya not only compromises economic growth it also increases inflation and may even harm the country’s job creation prospects and the Government’s ability to deliver on its development plans. For the Government to deliver essential services it has to borrow leaving future generations to shoulder the burden of paying loans.

Indeed the country’s long term social and economic development plan, the Vision 2030, could be derailed as the Government uses a huge chunk of revenues to pay salaries and allowances to the public service, meaning that only a small percentage of public funds is left to improve infrastructure and invest in education, health, housing, water and agriculture. The total estimated public sector wage bill for financial year 2012/13 is Kshs.458 billion; against a total budget of Kshs.1.517 Trillion.

The creation of new offices as Kenya switches to devolved Government is expected to aggravate this problem with the new government incurring a higher wage bill due to the devolved system of governance.

The table below shows some of the sustainability ratios.

Some Sustainability Ratios

Economic factor

Total Wage Bill: GDP

Total Wage Bill: Revenue

Total Wage Bill: Recurrent Exp

Total Wage Bill: Total Budget

factor Total Wage Bill: GDP Total Wage Bill: Revenue Total Wage Bill: Recurrent Exp Total Wage
factor Total Wage Bill: GDP Total Wage Bill: Revenue Total Wage Bill: Recurrent Exp Total Wage
factor Total Wage Bill: GDP Total Wage Bill: Revenue Total Wage Bill: Recurrent Exp Total Wage

2008/09

2009/10

2010/11

2011/12

2012/13

Total Budget 2008/09 2009/10 2010/11 2011/12 2012/13 10.7% 11.4% 11.3% 11.0% 12.1% 49.3% 47.6% 47.1%
Total Budget 2008/09 2009/10 2010/11 2011/12 2012/13 10.7% 11.4% 11.3% 11.0% 12.1% 49.3% 47.6% 47.1%
Total Budget 2008/09 2009/10 2010/11 2011/12 2012/13 10.7% 11.4% 11.3% 11.0% 12.1% 49.3% 47.6% 47.1%
Total Budget 2008/09 2009/10 2010/11 2011/12 2012/13 10.7% 11.4% 11.3% 11.0% 12.1% 49.3% 47.6% 47.1%
10.7% 11.4% 11.3% 11.0% 12.1% 49.3% 47.6% 47.1% 48.1% 50.4% 55.2% 54.7% 53.1% 51.6% 43.3%
10.7%
11.4%
11.3%
11.0%
12.1%
49.3%
47.6%
47.1%
48.1%
50.4%
55.2%
54.7%
53.1%
51.6%
43.3%
40.4%
38.5%
38.7%
38.0%
30.2%

The wage bill as it currently stand is simply unaffordable an unsustainable! We are living beyond our means.

What is your view? Talk to us or send us your suggestion and thoughts on how we can tame the public sector wage bill.

Salaries and Remuneration, Email address src@kenya.go.ke

Rewarding Productivity

we can tame the public sector wage bill. Salaries and Remuneration, Email address src@kenya.go.ke Rewarding Productivity
Email address src@kenya.go.ke Rewarding Productivity For More Information Contact: CMC Motors Group Ltd (Lusaka
Email address src@kenya.go.ke Rewarding Productivity For More Information Contact: CMC Motors Group Ltd (Lusaka
Email address src@kenya.go.ke Rewarding Productivity For More Information Contact: CMC Motors Group Ltd (Lusaka
Email address src@kenya.go.ke Rewarding Productivity For More Information Contact: CMC Motors Group Ltd (Lusaka
Email address src@kenya.go.ke Rewarding Productivity For More Information Contact: CMC Motors Group Ltd (Lusaka
Email address src@kenya.go.ke Rewarding Productivity For More Information Contact: CMC Motors Group Ltd (Lusaka
Email address src@kenya.go.ke Rewarding Productivity For More Information Contact: CMC Motors Group Ltd (Lusaka
Email address src@kenya.go.ke Rewarding Productivity For More Information Contact: CMC Motors Group Ltd (Lusaka
Email address src@kenya.go.ke Rewarding Productivity For More Information Contact: CMC Motors Group Ltd (Lusaka
For More Information Contact: CMC Motors Group Ltd (Lusaka Road) P. O Box 30135-00100 Nairobi.
For More Information Contact:
CMC Motors Group Ltd (Lusaka Road) P. O Box 30135-00100 Nairobi. Tel: +254 20 650255 +254 6932371 / 366, 6932000 Fax +254 20 650331, Mombasa: 041-2230490/1/2/3 . Kisumu: 057-2023752/0138
Nakuru: 051-2211875/6/7 Eldoret: 053-2062565/6/7 . Kitale: 054-30382/3 . Meru: 064-30984/991 . Nanyuki: 062-2030033 mail: casenewholland@cmcmotors.com
Website: www.cmcmotors.com

DAILY NATION

Thursday March

28, 2013

National News

17

DISPUTE | Clergy have faulted intention of message

Condom advert set to return on air after talks

Team to

look into

ways the

advert can

be changed

to address

concerns

raised

BY JEREMIAH KIPLANG’AT

jkiplangat@ke.nationmedia.com

A controversial advert will be

put back on air after concerns

raised by various parties are

addressed, the Aids control council has said. The National Aids Control Council (NACC) said yesterday it had tem- porarily pulled out the Weka Condom Mpangoni advert after it caused up- roar recently. “We only discontinued it when various stakeholders expressed their concerns. The NACC chairperson and the board are now studying the concerns before we return it,” said the council’s head of communica- tions Jennifer Wambua.

ROW

Why clergy oppose ad

Immorality: Religious leaders argue that the ‘Weka Condom Mpan- goni’ advert is promot- ing immorality rather than playing its intended role.

Affairs: Bishop Julius Kalu of the ACK, Mom- basa Diocese, said last week the advert openly agitated for extra-mari- tal affairs and sex among school-going children.

She said a technical committee had been established to see how the advert could be changed to accom- modate the concerns raised. Last week, some religious organi- sations called for the suspension of the advert which urged women who engage in extra-marital sexual rela- tions to use condoms. The leaders faulted the timing, message and intention of the advert, asking that it be pulled out. Ms Wambua said the council had invited religious organisations to present their grievances to the NACC board.

New infections

Dr Patrick Mureithi, the council’s head of monitoring and evaluation, said they were exploring all ways to reduce the number of new HIV infections. “We are now at 100,000 new in- fections per year and our target is to eliminate these fresh infections,” Dr Mureithi said. Meanwhile, the council will hold its second National Biennial HIV and Aids conference at the Kenya School of Monetary Studies in Nairobi from May 6-9. A similar conference was held in 2011 and attracted more than 500 participants.

MANNA | Villagers wake to molasses bonus

MANNA | Villagers wake to molasses bonus TOM OTIENO | NATION Boya residents on the Kisumu-Awasi

TOM OTIENO | NATION

Boya residents on the Kisumu-Awasi road scoop molasses that spilled from a tanker yesterday. Residents said they woke up to find the stuff which they sold for Shs400 per 20-litre jerrican.

BRIEFLY

MAUA

Driver killed in road crash

A 40-year-old man died on the spot yesterday when the rear tyres of the vehicle he was driving burst. Three others were seriously injured. Igembe South deputy police boss Joseph Chebii said the ac- cident happened on the Antubetwe-Maua road. Mr Ayub Musa lost control of the vehicle after the tyres burst and it rolled several times, he said. The body was taken to Maua Methodist Hospital mortuary. The injured are in the same hospital. The exten- sively damaged vehicle was towed to Maua police station for inspection. Mr Chebii advised drivers to be careful now the wet season had started.

MACHAKOS

Drunken students sent home

More than 30 Sengani Girls High School students were yesterday sent home for taking alcohol. A student, who declined to be named, said her colleagues, who had attended a science congress at the neighbouring Tala High School in Matungulu District, were duped into drinking soda laced with alcohol by their hosts. The girls are said to have taken some of the laced soda back to their school to share with colleagues. Principal Stella Wambua said she had only sus- pended the students. “I did not expel them but suspended all those involved,” she said.

Sanlam Investment Management Kenya Limited Audited Statement of Comprehensive Income For the Year Ended 31

Sanlam Investment Management Kenya Limited Audited Statement of Comprehensive Income For the Year Ended 31 December 2012

of Comprehensive Income For the Year Ended 31 December 2012 2012 Kshs’ 000’ 77,617 406 78,023
of Comprehensive Income For the Year Ended 31 December 2012 2012 Kshs’ 000’ 77,617 406 78,023
2012 Kshs’ 000’
2012
Kshs’ 000’

77,617

406
406

78,023

13,800

785 999
785
999

23,401

2011 Kshs’ 000’
2011
Kshs’ 000’

29,880

104
104

29,984

14,605

767 981
767
981

14,403

38,985

30,756

 
 
Total Income Fund Management Fees Interest Income Total Income
Total Income
Fund Management Fees
Interest Income
Total Income

Expenses Direct, rental, operational & administrative Legal & Professional fees Personnel costs Provision for depreciation

Total Expenses Profit/(loss) before tax Income tax expense Profit / Loss after tax
Total Expenses
Profit/(loss) before tax
Income tax expense
Profit
/ Loss after tax

Audited Statement of Financial Position as at 31 December 2012

Audited Statement of Financial Position as at 31 December 2012
Audited Statement of Financial Position as at 31 December 2012
Audited Statement of Financial Position as at 31 December 2012
ASSETS Non-current assets Equipment Intangible assets Deferred tax Total Non Current Assets Total Assets Financed
ASSETS
Non-current assets
Equipment
Intangible assets
Deferred tax
Total Non Current Assets
Total Assets
Financed by:
Current liabilities
Trade payables & Accruals
Total Current liabilities
Total Equity and Liabilities

Current assets Receivables and prepayments Cash and cash equivalents Tax recoverable Total Current assets

Share Capital and reserves Paid up Ordinary share capital Revenue reserves Total Shareholders Funds

2012 2011
2012
2011
Kshs’ 000’
Kshs’ 000’

Kshs’ 000’

2,234

3,080

50
50
76
76

1,925

1,434

4,209

4,590

83,066

30,444

3,106

11,017

1,791

11,415

87,963

52,876

92,172

57,466

20,000

20,000

50,830

24,596

70,830

44,596

21,342

12,870

21,342

12,870

92,172

57,466

20,000

20,000

10,000

10,000

10,000

10,000

70,830

44,596

10,000

10,000

60,830

34,596

66,621

40,006

2,000

2,000

64,621

0
0

10%

0
0

20%

38,006

0
0

10%

0
0

20%

Other Disclosures

1. Capital strength Paid up Capital Minimum capital required (a-b) Excess capital 2. Shareholders’ funds
1.
Capital strength
Paid up Capital
Minimum capital required
(a-b) Excess capital
2.
Shareholders’ funds
(a-b) Excess shareholders’ funds
3.
Liquidity

Total Shareholders funds Minimum shareholders funds required

Working capital Minimum working capital required (a-b)Excess working capital

4. Ratio of unsecured advances to shareholders’ funds Ratio as computed Maximum allowable limit 5.
4.
Ratio of unsecured advances to shareholders’ funds
Ratio as computed
Maximum allowable limit
5.
Ratio of borrowings to paid up capital
Ratio as computed
Maximum allowable limit
 
 
 
 
 

AUDITED FINANCIAL RESULTS & OTHER DISCLOSURES AS AT DECEMBER 31, 2012

STATEMENT OF COMPREHENSIVE INCOME

Other Trade Receivables

 

16,311,846

10,010,571

     

Secured Advances to Directors,Sh areholders,Employees and Related Companies

 

190,347

190,347

 

DECEMBER

DECEMBER

31, 2012

31, 2011

 

Audited

Audited

Tax Recoverable

4,712,222

7,293,128

 

Ksh.

Ksh.

Total Current Assets

44,067,480

34,942,714

Income

   

TOTAL ASSETS

84,444,620

81,861,084

Brokerage Commissions

92,147,846

61,588,927

Shareholders Loans

(4,287,442)

(5,223,047)

Advisory /Consultancy Fees

1,116,552

1,860,750

Total Non-Current Liabilities

 

(4,287,442)

(5,223,047)

Fund Management Fees

430,630

890,086

Current Liabilities

   

Administration Fees

-

116,125

Trade Payables

5,894,233

16,143,595

Interest Income

2,392,836

2,408,946

Directors Accounts

898,453

1,003,093

Dividend Income

269,303

269,591

Total Current Liabilities

 

6,792,686

17,146,688

Exchange Gains/(Loss)

40,763

-

     

Realized Profits/(Loss) on Investments

(1,021,060)

-

Share Capital and Reserves

     

Paid Up Ordinary Share Capital

 

30,000,000

30,000,000

Unrealized Profits/(Loss) on Investments

4,327,587

1,755,961

Revenue Reserves

45,855,828

38,181,482

Revaluation/Capital Reserves

 

6,083,548

1,755,961

Gains/(Loss) on Disposal of Assets

311,010

220,502

Total Shareholders’ Funds

 

81,939,376

69,937,443

     

TOTAL EQUITY AND LIABILITIES

 

84,444,620

81,861,084

Total Income

100,015,467

69,110,889

OTHER DISCLOSURES

 
     

Capital Strength

   

Expenses

   

Paid Up Capital

30,000,000

30,000,000

Direct Expenses

5,092,172

5,111,295

Minimum Capital Required

 

10,000,000

10,000,000

Professional Fees

326,000

321,000

Shareholders’ Funds

20,000,000

20,000,000

Legal Fees

1,240,016

827,500

Total Shareholders’ Funds

 

81,939,376

69,937,443

Employee Costs

39,115,628

31,700,414

Minimum Shareholders’ Funds Required

 

10,000,000

10,000,000

Rent Expense

2,020,500

1,944,000

Directors Emoluments

13,935,000

8,385,000

Excess/Deficiency

71,939,376

59,937,443

Operational and Administrative Expenses

9,423,776

8,035,300

   

Liquidity

   

Depreciation Expenses

934,311

840,407

Working Capital (exclude all the Current Assets and Current Liabilities in Relation to Clients)

37,274,794

17,796,026

Total Expenses

72,087,403

57,164,916

Operating Profit

27,928,064

11,945,973

Finance Costs

781,754

557,579

Minimum Working Capital Required

 

6,000,000

6,000,000

Profit/Loss Before Tax

27,146,310

11,388,394

Excess/Deficiency

31,274,794

11,796,026

Current Tax

6,667,556

2,814,823

   

Profit /Loss After Tax

20,478,754

8,573,571

Ratio of Unsecured Advances to Shareholders’ Funds

     
     

STATEMENT OF FINANCIAL POSITION

Ratio as Computed

5.23%

7.47%

Non Current Assets

   

Maximum Allowable Limit

 

10%

10%

Property Plant & Equipment

3,316,621

2,703,284

     

Investment in Subsidiary Companies

-

-

Ratio of Borrowings to Paid up

     

Investment in Associates

-

-

Share Capital

   

Deferred Tax

(145,598)

(69,044)

Ratio as Computed

0%

0%

Investments in Property

6,764,834

14,764,834

Maximum Allowable Limit

 

40%

40%

Balance from Related Parties

-

-

     

Deposits with CDSC

-

-

Clients Funds (where applicable)

     

Investments in Quoted Securities

25,236,577

23,543,019

Total Clients’ Cash and Bank Balances

 

274,918

-

Investments in Unquoted Securities

2,743,910

3,017,310

Excess/Deficiency

 

274,918

-

Investments in Government Securities

2,460,796

2,943,307

 

Intangible Assets

-

15,660

The above statements of comprehensive income and

Total Non Current Assets

40,377,140

46,918,370

financial position are extracts of the Company’s audited

     

Financial Statements and are approved by the Board of Directors on March 28, 2013.

Current Assets

   

Office Cash and Bank Balances

22,578,147

17,448,668

 

Clients Cash and Bank Balances

274,918

-

Stewart L. Henderson

James R.Dry

 
 

Chairman

Managing Director

18 | National News

DAILY NATION Thursday March 28, 2013

SWEARING-IN | Drama unfolds in Nandi as 30 county assembly members storm out of ceremony

Governors across the country go before

Supporters attend ceremonies marked by song and dance and hope their new leaders will help end their suffering and place their counties on a path of development

BY NATION TEAM

newsdesk@ke.nationmedia.com

A ll governors across the

country were yesterday

sworn into office to start

the task of setting up county

governments.

They went before the public

at stadia and heroic grounds to

take their oaths of office admin- istered by chief magistrates in the presence of judges of the High Court. The ceremonies were marked with songs and dance, with jubilant supporters optimistic that the new leaders would seek to end their long years of suffering and place them on a path of growth.

In Nairobi, Governor Evans Kidero was worn in at the city’s Uhuru Park during a ceremony which was attended by Prime Minister Raila Odinga and

a delegation of government

officials which included Commissioners charged with overseeing devolution. At the Coast, jubilant resi-

dents in six counties came out

to witness their governors-elect

take their oaths of offices at their county headquarters. The governors were Ali Hassan Joho (Mombasa), John Mruttu (Taita Taveta), Hussein Dado (Tana River), Amason Kingi (Kilifi), Issa Timamy (Lamu) and Salim Mgalla Mvurya(Kwale). In Nandi, drama unfolded during the ceremony to swear in Dr Cleophas Lagat when more than 30 county assem-

bly members from the county stormed out of the showground where the event was taking place. Dr Lagat however took oath of office minus the county assembly members and Nandi MPs who kept off the event al- together. In Baringo County Governor elect Benjamin Cheboi and his deputy Mathew Tuitoek were sworn at Kabarnet Stadium

during a ceremony presided over by High Court judge Rose- lyn Wendo and Kabarnet chief magistrate Samuel Soita. In Bungoma, hundreds of residents braved the scorch- ing sun at Kanduyi Stadium to witness the swearing in of Mr Ken Lusaka by senior principal magistrate Marga- ret Wambani in the presence

of Bungoma High Court judge

Francis Gikonyo. Uasin Gishu governor Jack- son Mandago took an oath of office at Eldoret Sports Club in a ceremony was presided over by Eldoret resident judge Fred Ochieng Andago. In Elgeyo-Marakwet County Governor Alex Toglos took oath office at the Iten Sport’s Stadium in colourful ceremony presided over by High Court Judge Justice Lydia Achode. Turkana County Gover- nor Josephat Nanok and his

deputy Peter Lokoel were sworn in by High Court Judge Joseph Karanja in a colourful ceremony at Moi Garden in Lodwar town . In Busia, governor Sospeter Ojamoong’ took office with a promise to work earnestly with all hard-working and honest in-

dividual to move the region to the next level. In Siaya, governor Cornel Rasanga took oath of office at Siaya Municipal Stadium and extended an olive branch to his opponents to join hands in developing the county that has a big name but little to show for. Kisii County governor James Ongwae promised to serve the people of the county without fear or favouritism. Mr Ong- wae said he will prioritize education, agriculture, health care and come up with a clear

master plan in his first 100 days in office. In Kisumu, Jackton Ranguma thanked voters for entrusting him with the leadership of the county promising to work

towards elevating the develop- ment needs of the region.

Clean water

In Bomet, Governor Isaac Ruto said his major area of concerns would be the pro- vision of clean water for the county residents and public institutions and more so the health sector. Elevation of Kakamega Provincial General Hospital to referral status and revamp- ing of Agriculture tops the list of promises Kakamega County Governor Mr Wycliffe Oparanya pledges. Nyandarua county governor Mr Daniel Waithaka Mwangi and his Deputy Waithaka Mwangi were yesterday sworn in at the Ol Kalou Stadium. The ceremony was conducted by High Court Judge Luka Kimaru. In Nakuru, Mr Kinuthia Mbugua took oath of office at Afraha Stadium during a ceremony presided over by Justice Mr Anyara Emukule and invited his opponents to work with him to move the county forward. In Narok County, the newly sworn in Narok governor Mr

Samuel ole Tunai pledged to make the region as the coun- try’s tourism hub. In Central and parts of East- ern regions, governors were sworn in into office amid pomp and colour as hundreds of resi- dents thronged various venues to witness the occasion. They were Nderitu Gach- agua (Nyeri), Joshua Irungu (Laikipia), Peter Munya (Meru), Joseh Ndathi (Ki- rinyaga), Martin Wambora (Embu), and Mwangi Wa Iria (Murang’a).

Martin Wambora (Embu), and Mwangi Wa Iria (Murang’a). PHOTO | VPPS Makueni Governor Prof. Kivutha Kibwana

PHOTO | VPPS

Makueni Governor Prof. Kivutha Kibwana is sworn in by Justice Eric Ogola of the Commercial Court Nairobi at Wote Stadium.

Eric Ogola of the Commercial Court Nairobi at Wote Stadium. JARED NYATAYA | NATION Uasin Gishu

JARED NYATAYA | NATION

Uasin Gishu County Governor Jackson Mandago after he was sworn in at Eldoret.

Governor Jackson Mandago after he was sworn in at Eldoret. TOM OTIENO | NATION Kisumu Governor

TOM OTIENO | NATION

Kisumu Governor Jack Nyanungo Ranguma during his swearing in at the Jomo Kenyatta Sports Ground in Kis- umu yesterday.

in at the Jomo Kenyatta Sports Ground in Kis- umu yesterday. JACOB OWITI | NATION Siaya

JACOB OWITI | NATION

Siaya county governor Cornel Rasanga Amoth takes oath of office yesterday.

Cornel Rasanga Amoth takes oath of office yesterday. PHOTO | KNA Kirinyaga governor Joseph Ndathi takes

PHOTO | KNA

Kirinyaga governor Joseph Ndathi takes the oath of office at Kutus Primary School yesterday.

takes the oath of office at Kutus Primary School yesterday. LABAN WALLOGA | NATION Industrial Court

LABAN WALLOGA | NATION

Industrial Court judge Justice Stephen Radido presents a certificate after swearing in Kwale governor Salim Mvurya at Kwale Baraza Park yesterday.

Kwale governor Salim Mvurya at Kwale Baraza Park yesterday. Kisii County governor James Ong- wae was

Kisii County governor James Ong- wae was crowned an elder by the Abagusii cultural and elders Council immediately after he was sworn in at Gusii stadium.

JACKLINE MORAA

| NATION

Kilifi county gov- ernor Amason Jeffa Kingi takes oath of office at the Karisa Maitha Stadium in Kilifi town yesterday.

ROBERT NYAGAH | NATION

Amason Jeffa Kingi takes oath of office at the Karisa Maitha Stadium in Kilifi town yesterday.

DAILY NATION

Thursday March

28, 2013

National News

19

the public to take their oaths of office

3 National News 19 the public to take their oaths of office PHOTO | CORRESPONDENT Machakos

PHOTO | CORRESPONDENT

Machakos Governor Dr Alfred Mutua arrives for the swearing in ceremony.

Dr Alfred Mutua arrives for the swearing in ceremony. PETER WARUTUMO | NATION Turkana Governor Jasphat

PETER WARUTUMO | NATION

Turkana Governor Jasphat Koli Nanok takes the oath of office at Moi Gardens in Lodwar.

Nanok takes the oath of office at Moi Gardens in Lodwar. JOSEPH KANYI | NATION Nyeri

JOSEPH KANYI | NATION

Nyeri Governor Neiritu Gachagua and his wife Margaret at the Dedan Kimathi stadium moments after he was sworn in.

at the Dedan Kimathi stadium moments after he was sworn in. RAPAHAEL WANJALA | NATION Busia

RAPAHAEL WANJALA | NATION

Busia County Governor-elect, Sospeter Ojaamong takes the oath at the Busia Municipal Stadium.

Ojaamong takes the oath at the Busia Municipal Stadium. SALATON NJAU | NATION JONATHAN MANYINDO |

SALATON NJAU | NATION

oath at the Busia Municipal Stadium. SALATON NJAU | NATION JONATHAN MANYINDO | NATION Taita Taveta

JONATHAN MANYINDO | NATION

Taita Taveta Governor John Murutu takes the oath of office yesterday.

Murang’a County Governor Mwangi Wa Iria is sworn into office at Ihura Stadium in Murang’a.

Wa Iria is sworn into office at Ihura Stadium in Murang’a. CHARLES WANYORO | NATION Embu

CHARLES WANYORO | NATION

Embu County governor Martin Wambora addresses the pub- lic after being sworn in at the Embu municipal stadium.

ISAAC WALE | NATION

Former Plan- ning minister Wycliffe Oparanya is sworn in as Governor of Kakamega at Bukhungu Stadium.

is sworn in as Governor of Kakamega at Bukhungu Stadium. SULEIMAN MBATIAH | NATION Nakuru Governor
is sworn in as Governor of Kakamega at Bukhungu Stadium. SULEIMAN MBATIAH | NATION Nakuru Governor

SULEIMAN MBATIAH | NATION

Nakuru Governor Kinuthia Mbugua joins Nyakinyua dancers in a jig after being sworn in at Afraha Stadium.

dancers in a jig after being sworn in at Afraha Stadium. GALGALO BOCHA | NATION Lamu
dancers in a jig after being sworn in at Afraha Stadium. GALGALO BOCHA | NATION Lamu

GALGALO BOCHA | NATION

Lamu Governor Issa Timamy receives his certificate after the swearing in ceremony at Mkunguni square on Lamu island.

GEORGE SAYAGIE | NATION

Narok Governor Samuel Kuntai Tunai takes the oath at Maasai Mara University. He was sworn in by High Court Judge David Onyancha.

He was sworn in by High Court Judge David Onyancha. WILLIAM OERI | NATION Nairobi Governor

WILLIAM OERI | NATION

Nairobi Governor Evans Kidero being sworn in at Uhuru yesterday.

20 |

20 | DAILY NATION Thursday March 28, 2013 WORLD EXPOSED Senegalese presidential drivers tell of ex-leader’s

DAILY NATION Thursday March 28, 2013

WORLD

EXPOSED Senegalese presidential drivers tell of ex-leader’s real nature P.24

REPRIEVE | The EU has responded by lifting a travel ban and an asset freeze on 81 top officials

Western donors pledge to support Zimbabwe if free elections are held

donors pledge to support Zimbabwe if free elections are held PHOTO | AFP Zimbabwean mothers with

PHOTO | AFP

Zimbabwean mothers with children stand in line waiting to cast their vote for Zimbabwe’s recent referendum for a new constitution for the country, to adopt a new charter to pave way for new elections and a possible end to a shaky power-sharing government.

We look

forward

to better

ties with

Zimbabwe

to help

accelerate

its path

towards

prosperity,

says team

BY KITSEPILE NYATHI

NATION CORRESPONDENT HARARE, Wednesday

M ajor Western donors have pledged to support Zimbabwe’s

economic revival if the country holds credible elections later this year. The Friends of Zimbabwe, a group made up of the country’s

major donors held ground breaking talks with Harare’s three governing parties in London on Tuesday where the pledge was made.

A new constitution adopted

on March 16 paves the way for presidential and parliamentary elections in June or July to end

a power sharing government between President Robert Mugabe and his main rival, Prime Minister Morgan Tsvangirai.

In a communiqué released after

the talks, the donors pledged to work with anyone who wins a credible election. “We will continue to work closely with partners in the

country, region and wider international community,” reads part of the communiqué. “For our part, we collectively stand ready to broaden, deepen and harmonise our engagement and support as the country moves further down the path of democracy and respect for

human rights, with credible elections being a crucial element in this respect.” The donors comprise Australia, Austria, Belgium, Bulgaria, Canada, Czech Republic, Denmark, the European Union, Finland, France, Germany,

Ireland, Italy, Japan, the Netherlands, Norway, Portugal, Spain, Sweden, Switzerland, the United Kingdom and the United States. Despite sanctions imposed on President Mugabe and his inner circle in 2002 for alleged

electoral fraud, the donors have poured in $2.6 billion in aid to Zimbabwe since the formation of the coalition government in

2009.

“We noted that aid from

international donors, deployed in line with Zimbabwean priorities, has been instrumental in improving food security and agriculture, in delivering of basic services such as health education, and water sanitation, and in the strengthening of democratic processes,” Friends of Zimbabwe said in the communiqué. “We look forward to strengthening our commercial ties with Zimbabwe to help accelerate its path towards prosperity.” The peaceful referendum on the new constitution raised hopes of a credible election after the 2008 polls were marred by violence and allegations of vote rigging. The EU responded by lifting a travel ban and an asset freeze on 81 Zimbabweans officials and eight state owned companies. However, President Mugabe’s family and eight security commanders remained on the list with the EU saying they remained a threat to a peaceful election.

CHANGE

Progress in the easing of ban

Powers: In the referendum, 95 per cent of Zimbabweans backed a new constitution that would trim President Mugabe’s powers, limit term. Concern: The EU says it welcomed calls for national reconciliation and peaceful political activity by Zimba- bwe’s leaders, including the president and premier, but re- mained concerned by reports of political intimidation and harassment. Rewards: Monday’s removal of dozens of names from the blacklist was the largest since a policy U-turn last July, when on Britain’s suggestion the 27-nation bloc pledged to lift sanctions should the country hold a “credible” vote on a new constitution.

Australia, Canada and the United States have their own set of sanctions against the veteran ruler and his allies. The Friends of Zimbabwe expressed concern about the renewed crackdown on civil society groups critical to President Mugabe. They also pledged to review the remaining sanctions if the country held a credible election. The sanctions were originally imposed in 2002 on the grounds of political violence, human rights abuses and the failure to hold free and fair elections.

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Sudans start pullout from Abyei area

UNITED NATIONS, Wednesday

The UnitedNations peacekeeping force in the oil-rich Abyei area, which is contested by South Sudan and Sudan, has completed its first verification mission to make sure that troops from both governments pull out of the demilitarised border zone, UN officials said here today. “This first joint verification mission by Sudan and South Sudan is an important first step toward implementing all security arrangements between the two countries,” said Herve Ladsous, UN Under-Secretary-General for Peacekeeping Operations. “There’s more to do, and it is essential for long-term peace in the region that both countries build on this success,” Ladsous said. The final status of Abyei, a disputed region straddling the border between Sudan and South Sudan, has yet to be determined. It is one of the outstanding issues of the so-called Comprehensive Peace Agreement which helped bring an end to the conflict between Sudan and South Sudan, before the latter’s independence in July 2011. Previously, UN Secretary- General Ban Ki-moon urged both countries to peacefully work towards resolving the matter. (Xinhua)

BRIEFLY

HARARE

Court grants bail to Tsvangirai aides

A Zimbabwean High Court judge on Wednesday granted bail to four officials from Prime Minister Morgan Tsvangirai’s of- fice, more than a week after they were arrested. The four, Thabani Mpofu, Mehluli Tshuma, Felix Matsinde and Warship Dumba were accused of contravening Section 4 (3) of the Official Se- crets Act, which criminalises the publishing or the communication of information deemed prejudi- cial to the state. (Kitsepile nyathi, Nation Correspondent)

Protest by Chinese traders in Cameroon over insecurity

MOGADISHU

Somalia’s PM on visit to Kismayu

BY YUH TIMCHIA

Cameroon, three of them killed this

arrests and punishes those guilty of

becoming wary of growing Chinese

Somali Prime Minister Abdi

NATION Correspondent

year.

the crimes and takes measures to

presence. Some Cameroonians

Farah Shirdon on Tuesday ar-

YAOUNDÉ, Wednesday

Over 30 burglaries targeting

ensure they are protected.

consider the Chinese who mostly

rived in the southern port city of

Chinese citizens residing in Cameroon have shut down their shops since the start of this week in two of Cameroon’s main cities in protest against growing insecurity. Since 2004, at least six Chinese nationals have been killed in

Chinese have been recorded since 2004 with most of them not resulting in suspects being prosecuted, the Chinese nationals say. They say their shops in the economic hub of Douala and the capital Yaoundé will remain closed till the government of their host country

“We strongly demand that this insecurity be taken very seriously,” a notice posted in front of Chinese- run businesses in the capital Yaoundé reads. Analysts have termed the plight of the Chinese living in Cameroon as xenophobic attacks as it appears Cameroonians are increasingly

run small businesses as intruders scooping away opportunities meant for locals. Rows between Chinese and local hawkers are quite frequent. The local traders claim government levies no taxes on Chinese traders, and have even threatened to expel them forcefully.

Kismayu for talks with local lead- ers who are preparing for a con- troversial gathering to form semi- autonomous state. Mr Shirdon arrived amid tight security and was welcomed by government ministers and members of local interim administration.(Xinhuia)

DAILY NATION Thursday March 28, 2013

21

22 |

DAILY NATION Thursday March 28, 2013

Audited Financial Statements and Other Disclosures as at 31 December 2012 The Board of Directors
Audited Financial Statements and Other Disclosures as at 31 December 2012 The Board of Directors
Audited Financial Statements and Other Disclosures as at 31 December 2012 The Board of Directors

Audited Financial Statements and Other Disclosures as at 31 December 2012

The Board of Directors of Gulf African Bank Limited is pleased to announce the audited results of the Bank for the year ended 31 December 2012.

I. BALANCE SHEET

1

ASSETS

1.1

Cash ( Both local and foreign)

1.2

Balances due from Central Bank of Kenya

1.3

Kenya Government securities

1.4

Foreign Currency Treasury bills and bonds

1.5

Deposits and balances due from local banking institutions

1.6

Deposits and balances due from banking institutions abroad

1.7

Government and other securities held for dealing purposes

1.8

Tax recoverable

1.9

Financing arrangements to customers (net)

1.10

Investment securities

1.11

Balances due from group companies

1.12

Investment in associates

1.13

Investment in subsidiaries

1.14

Investment in joint ventures

1.15

Investment properties

1.16

Property and equipment

1.17

Prepaid operating lease rentals

1.18

Intangible assets

1.19

Deferred tax asset

1.20

Retirement benefit asset

1.21

Other assets

1.22

Total assets

2

LIABILITIES

2.1

Balances due to Central Bank of Kenya

2.2

Customer deposits

2.3

Deposits and balances due to local banking institutions

2.4

Deposits and balances due to banking institutions abroad

2.5

Other money market deposits

2.6

Borrowed funds

2.7

Balances due to group companies

2.8

Tax payable

2.9

Dividends payable

2.10

Deferred income tax liability

2.11

Retirement benefit liability

2.12

Other liabilities

2.13

Total liabilities

3

SHAREHOLDERS’ EQUITY

3.1

Paid up / assigned capital

3.2

Share premium / discount

3.3

Revaluation reserve

3.4

Retained earnings

3.5

Statutory Reserve

3.6

Proposed dividends

3.7

Shareholders’ loans / capital grants

3.8

Total shareholders’ equity

3.9

Total liabilities and shareholders’ equity

II. PROFIT AND LOSS ACCOUNT

4

OPERATING INCOME

4.1

Financing arrangements

4.2

Government securities

4.3

Deposits and placements with banking institutions

4.4

Other related income

4.5

Total operating income

5 EXPENSES ON DEPOSITS

5.1

Customer deposits

5.2

Deposits and placements from banking institutions

5.3

Other related expenses

5.4

Total expenses on deposits

5.5

NET INCOME

6

OTHER OPERATING INCOME

6.1

Fees and commissions on financing arrangements

6.2

Other fees and commission

6.3

Foreign exchange trading income

6.4

Dividend income

6.5

Other income

6.6

Total other income

6.7

TOTAL OPERATING INCOME

7

OPERATING EXPENSES

7.1

Financing arrangement loss provision

7.2

Staff costs

7.3

Directors’ emoluments

7.4

Operating lease rentals

7.5

Depreciation charge on property and equipment

7.6

Amortisation charges

7.7

Other operating expenses

7.8