Category Archives: Africa News

KENYA ANTI-CORRUPTION BODY LAMENTS OF HAURDLES .

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By Agwanda Saye

The Ethics and Anti-Corruption Commission (EACC) is facing
insurmountable challenges towards recovery of illegally acquired
public assets. EACC Lawyer Ms. Judith Shamallah decried lack of
political goodwill in recovery of illegally and irregularly acquired
public assets including property belonging to the Judiciary. “Some
public institutions play hide and seek when EACC demand to peruse
their original documents during investigations,” Ms. Shamallah said.

Ms. Shamallah was presenting a paper titled Recovery of Illegally
Acquired Public Assets during the Law Society of Kenya (LSK)
Continuing Legal Education (CLE) Seminar on Integrity Issues,
Threshold and State Service at Ole Sereni Hotel in Nairobi. She
regretted hurdles in the recovery of investments/assets stashed
overseas following several factors including communication barrier.

”Non-English speaking countries spend weeks or even months before
responding to our communication giving culprits time to transfer
illegally acquired investments to other countries,” Ms. Shamallah
said. She said that other countries dragged their feet while
responding to official demand letters from EACC.

However, she said that the EACC recently repossessed grabbed property
belonging to the Judiciary, public hospital in Uasin Gishu, houses in
Woodley (Nairobi), Mt. Elgon hospital (Kitale), Uhuru Gardens
(Mombasa), several plots excised from Karura forest , over l00 acres
of land in Ngong forest, acres of Government land and houses in
Milimani suburbs (Kakamega) among others. “The EACC is working with
the Judiciary and Executive towards overcoming challenges preventing
it from recovery of illegally acquired public assets,” Ms. Shamallah
said.

She said that most graft cases touch on the big shots in society who
fight to hold on to illegally acquired public property.
Ms. Shamallah said that lengthy court cases are among challenges the
Constitutional body encounters in daily practice. “Lengthy Court cases
challenging investigations and recovery proceedings by EACC is a
nightmare,” Ms. Shamallah said. She said noted that there is also Bank
Secrecy law in a country like Switzerland where accessing information
during investigations is near impossible.

Ends

KENYA: NAME OF KISUMU COUNTY DISTRICT NAME CHANGED.

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by: Chak Rachar

Kisumu North District within Kisumu County Constituency will now be officially called Kisumu West District so that its name tallies with the Constituency are like other areas.

This clarification was made by the area MP John Olago Aluoch who added added that all necessary procedures has been followed and two Locations;North West and West which previously was within Seme Constituency which is represented by Dr.James Nyikal will be form part of Kisumu West Constituency, Ksumu West District.

“It was really confusing for one to say that he comes from Kisumu West Constituency within Kisumu North District, it was not adding up that is why i took the responsibility with my Seme counterpart Dr.Nyikal to straighten up things “he added.

He added that former Permanent Secretary in charge of Internal Affairs in the Office of the President Mutea Iringo had given consent to the process.

Olago was speaking in Ojolla while distributing government bursary cheques worth kshs 5.1 to various schools within the constituency.

He supported teachers strike saying there is a need to put a stop to the ever always strike through either the government paying up or through mutual consent.

ENDS

KENYA: WAS JAKOYO MIDIWO BRIBED BY KNUT TO INTRODUCE AMENDMENTS?

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By Our Investigative Reporter

We have learnt the national chairman of the Kenya National Union of Teachers (KNUT) has bribed lawmaker Jakoyo Midiwo with Ksh two million shillings to introduce an amendment bill in parliament to divert the money that was meant to buy laptops for Standard One pupils and pay teachers, a devastating allegation that would cast the head of the teachers union in very diabolical light.

Wilson Sossion, who lives lavishly in a plush Nairobi neighbourhood, delivered Ksh 1.5 million to Midiwo on Wednesday and the rest to be delivered on Thursday, sources said, explaining the move was to embarrass President Uhuru Kenyatta and his Deputy William Ruto.

“Money is changing hangs. Sossion bribed Midiwo with Ksh two million,” a highly-placed source told the Jackal News. The Kenyatta government had set aside more than Ksh 50 billion to meet its pre-election campaign of delivering laptops to Standard One pupils next year.

Jakoyo, alongside CORD lawmakers like Chris Wamalwa have introduced the Appropriation Bill in parliament compel the government to divert the cash from laptops and teachers. “The people who introduced the bill were bribed to do so.”

Hundreds of thousands of teachers have currently put down their tools demanding the government to pay them salary hikes that go back to a 1997 agreement KNUT reached with the teachers, but was ignored by the governments of Presidents Daniel arap Moi and Mwai Kibaki. Legal Notice 534 of 1997 — tasked the government to increase teachers’ hardship, special, house, medical and commuter allowances.

Kenyan Suspects of Crime against humanity and genocide must be tried at the ICC in the Hague

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From: Gordon Teti

KENYAN COURTS HAVE NO INDEPENDENCE AND MUSCLE TO TRY SUSPECTS OF GENOCIDE AND CRIMES AGAINST HUMANITY WHO ARE HOLDERS OF THE HIGHEST PUBLIC OFFICE IN THE LAND

THOSE WHO say that Uhuru Kenyatta and William Ruto should be prosecuted in the Kenyan courts and not at the ICC must be kidding. The judgement regarding the stealing of land belonging to a victim of Post Election Violence by Ruto in 2008 is a warning shot. The judgement fell far below the standard required in a fair hearing. The Judge in reality cleared Ruto of any criminal responsibility. The 5 million that Ruto has been ordered to pay is not supported by any facts or imaginations in the court ruling and Ruto being a canning thief will buy time and in the end will not pay the victim even a penny. This was a gimmick by the Judge and the court to placate the confidence of the public to believe that the Kenyan courts are TODAY more independent of the Executive control after stealing the elections for Uhuru Kenyatta. This is balooni and total non sense. READ for DETAILS:

http://www.kenyanewsupdates.com/news/national-news/item/667-court-orders-ruto-to-pay-sh5million-and-return-the-land.html

Kenyan Court confirms that William Ruto is a thief

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From: Gordon Teti

Now that the court has confirmed that William Ruto is a thief and fraudster, the Kenya civil society or any Kenyan can move to court and file a motion against William Ruto for fraud. It is confirmed by the Kenyan court that Ruto forged documents to steal the land of a victim of Post Election Violence in 2008. I wish I was in Kenya!

Tanzania’s Victims of Torture

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From: Yona Maro

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Author(s):
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Published in:
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http://www.hrw.org/news/2013/06/26/tanzanias-victims-torture?origin=from_home

On June 26, the world commemorates the International Day in Support of Victims of Torture. In Tanzania, however, such commemorations are likely to be muted. Tanzania is among a small minority of countries that have not signed or ratified the Convention against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment, a United Nations treaty.

Yet Tanzanians, including those who are marginalized and most vulnerable in society, are sometimes tortured and ill-treated by police officers, and often have no recourse to justice. I have spoken with many such victims.

One of them, “Zeitoun,” from Tandika, told me during an interview in 2012:

“They [police officers] arrived and started to beat me around the waist with the butt of their gun. They took my own belt and tied it around my neck and dragged me to the police post. They tied my legs with cuffs, the two legs were tied together and the two hands were handcuffed. I was handcuffed to the gate of the holding cell… hanging like a goat to be roasted.”

Another victim, “Walid” from Zanzibar, described being arrested and sexually abused by police andpolisi jamii (community police): “They [beat me with] water pipes and electrical wires. Two of them raped me…. They had canes and pipes, and they hit me on the bottoms of the feet. I couldn’t walk afterwards.”

“Rosemary,” a 14-year-old girl in Mbeya, has had several experiences with police torture. “One time they burned me on the arm with a lighter,” she said, showing me the burn mark. She had also been raped by police “at least seven times.”

Why were they treated this way by the police? Because they are members of marginalized groups who are considered “criminals” under Tanzanian law. They are also victims of social stigma. Zeitoun injects heroin. Walid is gay, or “MSM” – a man who has sex with men. Rosemary is engaged in sex work.

A recent study by Human Rights Watch and the Wake Up and Step Forward Coalition (WASO) found that some members of these marginalized groups are tortured by security forces simply because of who they are.

Of course, they are not the only Tanzanians at risk of torture, according to a recent study by the Legal and Human Rights Centre (LHRC). The report includes the notorious case of Dr. Stephen Ulimboka, who said he was abducted by intelligence agents and then tortured because of his leadership in the doctors’ strike. In another reported case, police broke a man’s legs because he was suspected of stealing.

Despite such horrific abuses, the police have expressed a willingness to address the problem. When we submitted the Human Rights Watch and WASO report to the police, several commissioners, including those responsible for internal affairs, training, and the gender and children’s desks, welcomed the report’s publication and did not deny that abuses occur. They said they will distribute the report to regional commanders, and that they will hold accountable police officers who commit these crimes. Whether police officers’ behavior will improve remains to be seen.

Tanzania’s constitution prohibits torture, but no such prohibition appears in the penal code, making it difficult to hold abusers criminally accountable. At its last Universal Periodic Review at the UN Human Rights Council in 2011, Tanzania accepted member states’ recommendations to ratify the Convention against Torture. But it has not yet done so.

One outcome of this inconsistency may be that, although some police officers told Human Rights Watch that torture is unacceptable, that view is not shared at all levels. Police have used heavy-handed methods to quell recent political dissent, encouraged by some government officials who have said that beating protesters is the right thing to do.

Why this emphasis on the Convention against Torture? What difference does it make to ratify a treaty? For one, it sends a clear message to the security forces that when they torture detainees, they are violating both national and international law. Second, it affirms that rights are, in fact, universal. As a party to the Convention against Torture, Tanzania would be required to report on the convention’s implementation, and to demonstrate that it applies to all citizens. It would be required to domesticate the convention, integrating it into national law and providing torture victims with a solid legal basis for filing complaints. And it would be required to prosecute those who violate the law, regardless of their position or rank.

Often, the application of international human rights standards is most urgent for vulnerable groups. In some countries, these may be minorities, including ethnic, political, or religious minorities, whom those in power may have an interest in silencing. In some countries, these may be children, who may lack sufficient protections under national laws. And in Tanzania, sex workers, sexual and gender minorities, and people who use drugs, among others, fall into this category of most vulnerable. A clear commitment to international law on the part of the authorities would provide them, and all Tanzanians, an additional layer of protection.

Any discussion of protecting the rights of marginalized groups elicits controversy in Tanzania. That is normal: the unknown always provokes fear. Only recently have sex workers, sexual and gender minorities, and people who use drugs begun to speak out. Public debates around these issues are still in their early stages. But today, can we all agree on one thing: that no one deserves to be tortured?

Ratifying the Convention against Torture would not end torture or ill-treatment in Tanzania overnight. But in light of persistent recurrences of torture – and in a context where the most vulnerable lack a clear legal framework that sets forth consequences for those who abuse them – it is a critical step toward ensuring that
the security forces respect the rights of all Tanzanians.

KENYA: Nyanza COUNTY GOVERNMENTS IN NYANZA HAVE BEEN CAUTIONED TO STOP BUDGETING HUGE SUMS OF MONEY FOR BUYING FUEL GUZZLING PRADO CARS.

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Reports Leo Odera Omolo In Kisumu City

The NEWLY ESTABLISHED County governments in the former Nyanza Province have been cautioned against spending taxpayer’s money extravagantly budgeting for the fuel guzzling Prado cars.

Instead, the Assemblies should vigorously look for funds for major repairs of roads traversing the countryside, which are in the pathetic state and become night mares during the rainy seasons.

Secondly the regional governors and their assembly’s members should work out the best way of internal revenue collection bases, and stop budgeting for the donor money looking luxurious vehicles, which will have no direct benefit to the residents.

These sentiments were expressed byt a senior politician in Homa-Bay County Hilary Ochieng’ Alilla.

Alila was reacting to the news that the Homa-Bay County governor Cyprian Otieno Awiti and members of his County Assembly Executive committee last week made a budget proposal of a colossal amount of money to the tune of Kshs 230 million in it5s 2013-2014 estimates for the purpose of buying several Prado cars.

“The fuel guzzling vehicles should not be the priority of the Homa-Bay County government. Moreover there is no roads on which these vehicles will be driven on,’ he said.

Homa-Bay County has only one major road which is tarmacked. That is the Katito-Kenya-Bay, Kendu Bay Homa-Bay and Homa-Bay Mbita road which is partly still under the construction.

THere is urgent need to have the Oyugis Rangwew road tarmacked, and also the Oyugis Kendu-Bay road. Other roads included Kendu-Bay Pala, Kadongo-Kendu Bay.

Another area which need the improvement of road network is the Sindo, Kisegi, Magunga, God-Bura, Nyandiwa, Lak-Nyiero and Sori Town.

The fishermen, the fish traders and farmers wanted this roads repaired or upgraded to all weather for easy communication to the hinterland market places for rapid economic growth,” said Alila.

The region needs this money for the improvement of other institutions of public interest with value added. He requested the Homa-Bay County governor Awiti and his team to rescind their decision and work on projects which have the direct benefit to the residents.Two or three Prado vehicles would be enough and the for the exclusive use by the governor and his deputy, but the rest should be smaller car with their engines powers not exceeding 1300 cc.

Alila cited the Central Government of Kenya which a few years ago withdrew all the GK cars with the engines powers exceeding 1600 cc and replaced them with smaller car. Prados, Pajeros, and Mercedez Benzes were the category that were withdrawn and auctioned in order to save the government spending on fuel and spare parts.

ends.

KENYAN FAMILY OF PRESIDENT BARRACK OBAMA SAYS THEY WILL NOT GO AND MEET HIM IN THE NEIGHBORING TANZANIA.

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Writes Leo Odera Omolo In Kisumu City

The family of the US President Barrack Obama who is currently on an African tour from which his ancestral home Kenya is excluded, have reiterated that they will not travel across the Kenya-Tanzania border to try to meet him there.

Mama Sarah Obama the 90 year old step grandmother of the US President, when contacted at her Nyang’oma Alego Kogelo home in Siaya County said they can’t travel to the neighboring country in order to meet her grandson.

”We are not invited therefore there is no point going there. Moreover Obama is the President of the US and all the arrangements for his African itinerary are organized by the US government”, she said adding “President Obama is on official visits to specific countries as the US President.”

“Joining him in the neighboring country of Tanzania, though it is next door to Kenya may interfere with his itinerary. He has a very busy and tight schedule and as such we have decided to not to attend any of his functions there.”

Mama Sarah Obama was reacting about the rumor which went around that members of the Obama family in Alego Kogelo were making tentative arrangement to travel to Tanzania today.

There is no such arrangement, though the US President would have loved to see him stopping in Kenya, however, briefly it could be. This is the second time President Obama has skipped Kenya during is visit to the sub-Saharan Africa. The first time was when he was first elected President when he visited Ghana. Obama is very popular with the millions of Kenya people whom for along time have been looking forward to see him visit the country of his father ancestral land.

Ends

KENYA LAW BODY SET TO CONDUCT AUDIT OVER PAYMENT

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Date: Fri, Jun 28, 2013 at 4:54 AM
To: “jaluo@jaluo.com”

By Agwanda Saye

The Law Society of Kenya (LSK) has resolved to conduct an audit of former Mau Mau freedom fighters over the Sh2.6 billion British Government settlement.

The LSK Secretary/CEO Mr. Apollo Mboya said that the audit and identity verification will prevent fraud to the settlement meant for 5,228 ex-Mau Mau veterans who were victims of torture by the colonial Government.

Mr. Mboya said that LSK has approached Ernst & Young, an audit firm, to look at the possibility of undertaking identity verification for the surviving Mau Mau victims of Torture, those who are deceased and the legal estate of the deceased.

“Ernst & Young has the capacity to conduct the exercise under its department of Fraud Investigations and Dispute Services (FIDS),” Mr. Mboya said.

The LSK Secretary/CEO said that similar audits were conducted by audit firms when compensating victims of explosives in Samburu and rape that involved British soldiers in Nanyuki. The British Government compensated some 500 Kenyans Sh585 million in 2003 over deaths and injuries suffered from undetonated devices allegedly left in their grazing fields. “LSK believe that an audit of the list of prospective beneficiaries is the best way forward to ensure that no deserving former freedom fighter is defrauded,” Mr. Mboya said.

Mr. Mboya also said that the LSK will file a suit at the High Court on Monday to force the British Law Firm of Leigh Day to release a list of 5,228 ex-Mau Mau fighters who are to receive Sh340,000 each following an out of court settlement with the British Government on mainly torture claims by the colonial administration.

“We wrote a letter to the British Law Firm (Leigh Day) last week requesting for the list within seven days, which is expiring on Friday,” Mr. Mboya said.

The Secretary/CEO said that LSK receives several elderly citizens daily requesting whether their names are in the list to receive the settlement.

Mr. Mboya said that LSK is also aware that two other British Firms will file separate Mau Mau compensation claims cases in courts at the United Kingdom (UK).

“Tandem Law and GT Law Solicitors have similar cases with 8,061 and 700 clients respectively,” Mr. Mboya said.

Mr. Mboya said that unlike the law firm of Leigh Day, Tandem Law and GT Law Solicitors have both furnished LSK with their list of clients.

Ends…

Kenya: Field Marshall Dedan Kimathi’s farewell letter written on 17th February 1957

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From: Jeremy Kinyanjui

The letter below dated 17th February 1957, is said to have been written by the penultimate military commander of Kenya’s pre-independent “ Mau Mau” Movement, the legendary Field Marshall Dedan Kimathi, and is said to have been written one day before Kimathi was executed by the British Colonial Government in Kenya on 18th February 1957. The letter is addressed to one Father Marino of Catholic Mission, P.O. Box 25, Nyeri, Kenya.

The source of the letter is the Kenya National Archives, where a typed copy of the same was on display at the Kenya National Archives Public Gallery in the 1990s, since when it has been brought down. However members of the public can on request, get a typed photocopy of Kimathi’s said below letter at the Kenya National Archives. It remains unclear if the original handwritten copy of Kimathi’s said below letter still exists, and if it still does, in whose possession it is. Contents of Kimathi’s said letter of 17th February 1957 reproduced below verbatim…

Dedan Kimathi
C/O H.M Prison (i.e. Her Majesty’s Prison)
17th February 1957

Father Marino
Catholic Mission
P.O. Box 25
Nyeri

Dear Father,

It is about one O’clock night that I have picked up my pencil and paper so that I may remember you and your beloved friends and friends before the time is over.

I am so busy and so happy preparing for heaven tomorrow the 18th February 1957. Only to let you know that Father Whellam came in to see me here in my prison room as soon as he received the information regarding my arrival. He is still a dear kind person as I did not firstly expect. He visits me very often and gives me sufficient encouragement possible. He provided me with important books with more that all have set a burning light throughout my way to paradise, such as :-

1. Students Catholic Doctrine
2. In the likeness of Christ
3. The New Testament
4. How to understand the Mass
5. The appearance of the Virgin at Grotto of Lourdes
6. Prayer book in Kikuyu
7. The Virgin Mary of Fatima
8. The cross of the Rosary etc.

I want to make it ever memorial to you and all that only Father Whellam that came to see me on Christmas day while I had many coming on the other weeks and days. Sorry that they did not remember me during the birth of our Lord and Savior. Pity also that they forgot me during such a merry day.

I have already discussed the matter with him and I am sure that he will inform you all.

Only a question of getting my son to school. He is far from many of your schools, but I trust that something must be done to see that he starts earlier under your care etc.

Do not fail from seeing my mother who is very old and to comfort her even though that she is so much sorrowful.

My wife is here. She is detained at Kamiti Prison and I suggest that she will be released some time. I would like her to be comforted by sisters e.g. Sister Modester, etc. for she too feels lonely. And if by any possibility she can be near the mission as near Mathari so that she may be so close to the sisters and to the church.

I conclude by telling you only to do me favor by getting education to my son.

Farewell to the world and all its belongings, I say and best wishes I say to my friends with whom we shall not meet in this busy world.

Please pass my complements and best wishes to all who read Wathiomo Mukinyu. Remember me too to the Fathers, Brothers and Sisters.

With good hope and best wishes,

I remain dear Father

Yours Loving, and Departing Convert

D. Kimathi

South Africa: Nelson Mandela: The world’s last icon

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From: This is Africa

Greetings friends,

It surely comes as no surprise to anyone that the world is holding its breath for Nelson Mandela. He is the our last icon, viewed in the same light as Gandhi, Mother Teresa and Martin Luther King. He represents the triumph of goodness and justice, and we need people like Mandela to help us keep our faith in the value of being good and principled. But beyond the warm glow of love, does the father of the nation and the man who kept South Africa together after apartheid mean the same thing to all South Africans?

Peace.

Siji Jabbar (Editor, This is Africa)

Africa & USA: Oxfam’s to-Do List for President Obama’s Africa Trip

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From: Yona Maro

PRESS RELEASE

Oxfam is urging President Obama and African leaders to make bold commitments to help transform African institutions into models of transparency and accountability over the next decade as billions of dollars in aid flows and oil, gas and mining revenues pour into the continent, affecting millions of lives.

With the President and First Lady Michelle Obama scheduled to travel to Senegal, South Africa and Tanzania over the next few days, the time is now to address the continent’s continued economic development, said Raymond C. Offenheiser, President of Oxfam America.

“President Obama got it right in Accra in 2009 when he said Africa’s future lies with Africa’s institutions. Now it’s time for the President to help Africa realize its full potential by investing directly in local governments and citizens, helping to increase transparency of budgets, extractive industry revenues, and tax systems for governments,” said Offenheiser.

Extracting resources – and billions

Over the next decade, more than $1 trillion in natural resources will be extracted from the African continent. Currently, Africa exports more than $300 billion a year in oil, gas and mineral exports–more than four times the amount of aid the continent receives. But that money is not building roads, schools and hospitals for Africa’s people. In fact, booming extractives industries often lead to more poverty and powerlessness. The people of Kedougou, Senegal, for instance, live atop a large scale gold-mining operation. But despite the riches found in their soil, none of it has been returned to their community. Many have lost access to the agricultural land that sustained their families, and many others did not even receive adequate compensation when they were forced off their lands without consultation.

The resource curse

Millions of people living near oil and mining sites, like those in Kedougou, struggle to survive on less than $2 a day. Instead of opportunity, this resource curse delivers environmental damage, loss of land and human rights abuses.

“I urge President Obama to shine a bright light on the current lack of transparency and accountability that perpetuates cycles of poverty and inequality in developing African nations,” said Offenheiser. “Tell your African counterparts to work to increase transparency in their budgets. Open payments from oil and mining companies to the light of transparency. Give African citizens knowledge about revenues from oil and mining companies. Let those citizens decide how to put their money to work for their own futures–let them claim their rights and fight for their own development.”

Lead by example

It’s time to lead by example, continued Offenheiser.

“President Obama should publicly announce when his own administration will release US government aid data, setting a tone on institutional transparency. As one of the largest aid donors in the world, the United States shouldn’t be one of the least transparent.”

Souleymane Zeba, West Africa Regional Director of Oxfam, added, “The resources generated by extractives industries should be helping local communities build resilience against climate and food security shocks, particularly in the Sahel where recurrent food crises are epidemic.”

Feed the Future

Offenheiser sees even greater potential for agriculture in Africa, with the right investments.

“The President’s Feed the Future Initiative recognizes the central role that agriculture can play in driving economic growth and poverty reduction, but initiatives like the New Alliance for Food Security and Nutrition, which promote private sector investment in select African countries, must not distract from badly needed development aid to this critical sector,” said Offenheiser. “The President must address legitimate concerns raised by civil society organizations about this initiative.”

In South Africa, Oxfam urges President Obama’s continued support for community-led accountability mechanisms.

“President Obama’s support for our HIV/AIDS response has been immensely important for South Africa’s continued efforts to realize the ambitions of a democratic, people-centered South Africa,” said Allan Moolman, Oxfam’s Country Director in South Africa.

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TANZANIA AND RUSSIA WILL SOON BE EMBROILED IN MAJOR LEGAL TUSSLES THROUGH COURT OVER DISPUTED URANIUM MINING IN MKUNJU RIVER MINING FIELDS.

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Writes Leo Odera Omolo

Tanzania and Russia may soon face each other in court in ne of the toughest legal battle against a Russian firm in a multimillion dollar engaged in the business of mining uranium over tax evasion.

Information emerging from Dar Es Salaam says that state is demanding nearly USD 206 million, which is equivalent to Tshs 329 billion taxes from the Russian firm ,Rosatom disputes the taxes invoices.JSC Atomredmetzoloi {ARMTZ} OF Russia in relation to its Mkunju River Uranium mines that the state owned mining arm of Russia’s nuclear watchdog

As a result the ARMZ, Uranium Holdings through its lawyer FB Attornery has filed a case before the Tax Appeal Tribunal of Tanzania to challenge the tax claim.

Gandasiosus Ishengoma also a lawyer confirmed last week that the ARMZ has challenge the state over its claim and filed a case through theTax Apeal Tribunal.

The Energy and Mineral Minister Prof. Sospeter Muhongo was quote by a source in Dar Es Salaam as saying that the Tshs 329.01 billion {205.80 million tax had originated from MkunjuRiver uranium mining.

TAnzania law was enacted in 2011 in order to close loophole in a tax holiday incentive because that allowed foreign firms to operate tax-free for first five years.

He same law stipulates that any foreign firm operating in the country must pay capital gain tax, when it changes to a third party.

Mantra Tanzania Ltd the former owners of Mkunju River uranium mine in December 2010 cedeed the project operations to AMZ after the firm had acquired the percentage. Mantra Resources of Australia For Tshs .1.667.1 billion USD.O43.8 million..

And immediately after the transactions, the state through the Tanzania Revenue Authority [TRA] issued invoices demanding that ARMTZ settles Tshs 327.7 million out of the total USD 9.8 in stamp duty.The sum is quoted as being equavalent to 43 per cent of the current Tazania’s health and social welfare budget of Tshs 753.85 billion..

Observers and watchers of Tanzania-Rusia relations have maintained that the tax battle between the two countries could create bad blood between the two business partners.

In April last year Tanzania licensed ARMTZ RANIUM Holding to establish the first uranium mines in Mkunju River which is located in the south of the country.

This licence is the first to be issued by Tanzania and the newly enacted mining laws.

Ends

KISUMU TRAFFIC BOSS SAYS SHE IS “PROTECTED”

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By Chak Rachar
KISUMU Town East traffic base commander Jane Mbevi has in recent times come under the spotlight due to her introverted behavior with her superiors and members of the public. The eccentric Kamba lady has been exhibiting some traits which have of late buffed even her colleagues at the workplace.

She says that nothing can happen to her as all she does has the blessings of Traffic Commandant Mr.Kimaru whom she alleges that is the one making her to look for money aggressively like that within the Lakeside City.

“This one which you journalists claim i get i take to Nyanza PPO ole Tito,his Deputy Mr.Tum and my boss Kimaru ,just write what you like and i will see if i am removed from here” she bragged to this journalist when conducted.

At the same time matatu operators in Kisumu town have lined up a series of mass actions against Mrs Mbevi whom they accused of runaway arrogance and blatant abuse of professional ethics.

Those who understand her modus operandi intimate that she has set high targets for officers who monitor various sections in Kisumu town.

The hardest hit areas are Mamboleo where operatories found to have overloaded are forced to part with 10,000/-at the insistence of the base commander. The targets have forced many operators to withdraw their vehicles from a number of sections in Kisumu town.

Those operate at Nyamasaria have also been given targets by Mrs Mbevi who has also adopted a non nonsense approach towards officers who are ‘lazy’.

She has also attracted the wrath of senior officers in Kisumu east who say that she very uncooperative in many ways.

Mrs Mbevi who now owns a fleet of vehicles out of the proceeds on roads in Kisumu appear to be unrelenting in her demeanour towards the public and her colleagues. Mrs Mbevi has over the years been hounded out of offices across the country due to her crude behaviour. There is pressure to have her retired on public interest.

KENYA: HOMA BAY GOVERNOR INVITES INVESTORS

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By Agwanda Saye

HOMA Bay County Governor Cyprian Awiti has urged investors to tap the vast potential that is lying idle within the region in order to spur economic growth.

Awiti said that there are many areas within the county where those who want to invest in can venture into.

The governor invited investors into the area saying tat Homa Bay County has fertile soils which can feed the nation if put into proper use.

He said the county has a lot of tourist attractions such as bird watching and many beautiful islands which can attract many foreigners.

The governor said there are also many scenic sites such as Homa hills and many other resorts such as Rusinga and the Tom Mboya mausoleum.

“Things such as Simbi Nyaima are of great potential’ he said

The governor said Lambwe National park has many animals which are of rare species and which can attract tourists if well marketed.

He also said many hectares of land are still there where foreign investors and even local ones can venture into.

Awiti was speaking in Mbita during a conference dabbed ‘The Homa bay we want” which was convened in order to exploit the potential of the County.

The governor who was accompanied by his entire cabinet said he will stick to his earlier pledge of eliminating hunger, disease and poverty.

Awiti told the participants that an investor will inject over 400 billion shillings into the county where they will come up with an agricity where green houses will be erected in various parts of the county.

He said the project will also encompass an airstrip and an ICT village.

Top leaders from Homa Bay County meanwhile skipped the crucial consultative forum which was convened by the governor in order to explore the potential of the area.

Awiti said Senator Otieno Kajwang and Gwassi Mp could not attend the meeting since they were out of the country in different assignments.

Awiti similarly said that Karachunyo Mp James Rege was absent from the forum since he was indisposed.

He explained that Kasipul Mp Oyugi Magwanga was also engaged elsewhere.

Mbita Mp Millie Odhiambo who was supposed to be the host was also conspicuously absent from the forum.

ENDS.

Kenya: estate agent

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From: Our Reporter

A PROMINENT real Estate agent in Kisumu who has been charged before various courts with land fraud has now started transferring his fixed and movable assets to third parties. Mr George Adada Nyagowa who is a former watchman and also now the owner of the notorious Michigen Investments has taken the drastic move after realizing that he risks going to jail and subsequently being forced to pay his victims who he has fleeced of millions of shillings. He no longer drives a posh black Toyota Hilux which is believed to be part of the proceeds of his loot over the years

Most of his victims are those who bought parcels of lands at Konya and Dago areas in the outskirts of Kisumu town. He has pocketed over 15 million shillings in Konya alone where members of the public purchase non existent parcels of plots. Adada who enjoys unsolicited protection from both the police and the judiciary was recently again charged before the area Chief Magistrate’s court with obtaining money from members of the public under the pretext that he would secure them assorted parcels of land.

Nyagowa appeared before the chief Magistrate Mrs Lucy Gitari and denied a total of three counts. The first count states he on diverse dates between September 2009 and December he obtained 770,000/- from Philemon Odeny at Reinsurance Plaza within Kisumu under the pretext that he would secure him a parcel of land.

Count two states that he secured 400,000/- at Re Insurance Plaza from Timothy Otieno under the pretext that that h would give him a parcel of land Dago within Kisumu. The last count states that he obtained 710,000/- at Re Insurance plaza from Joshua Okore under the pretext that he would secure him a parcel of land at Dago.

Mrs Gitari ordered him released on a cash bail of 30,000/-Adada is also facing trial before another court after obtaining 400, 00/- from a woman under the pretext that he could secure her a parcel of land at Konya area. Principal magistrate Harrison Adika is hearing the case .Earlier this year prospective land buyers roughed up the leading real Estate Agent in Kisumu while accusing him of fleecing them of unspecified amounts of cash under the pretext that her would sell them assorted parcels. The irate mob pounced on Nyagowa leaving him half naked.

Adada who is the proprietor of Michigen Investments which is based in Kisumu pleaded with the irate public to leave him alone but his pleas fell on deaf ears as they roughed him up. Chaos erupted at Konya village in the outskirts of Kisumu town where land surveyors, police and lawyers had gone there in order to access the situation on the ground. But the mob stormed the area next to Ukweli pastoral centre sending everyone scampering in different directions.

Earlier hundreds of prospective land buyers in Kisumu who claim to have lost millions of shillings to fraudsters posing as agents threatened to stage a major demonstration against the police and land officials in the area whom they say collude with the conmen.The victims said that they will stage a major demonstration against the office of the criminal investigations department for not arresting the agents. Some of the victims claim to have spent over 7 million shillings in developing parcels of land at Konya in the outskirts of Kisumu which turned out to be a road reserves. Some of the victims blamed officers at the land’s office in Kisumu for colluding with the conmen in order to fleece unsuspecting members of the public of million of shillings.

Another complainant Oliver Agnes alias Nyanaya said she had fallen victim to the fraudsters at Riat area. She said huge tracts of her parcels of land had been sold out by some of the conmen posing as agents in Kisumu town Former Nyanza CID chief Joseph Mugwanja confirmed knowledge of some of the cases. Mr. Mugwanja said he is aware of some cases since they were forwarded from CID headquarters for immediate action. Mr. Mugwanja confirmed that there are some 32 cases of that nature which are being investigated by the Kisumu DCIO.A number of top civil servants and businessmen in Kisumu have also fallen victims of the super conmen.

Investigations have revealed that those who have been fleeced of millions of shillings have been promised parcels of land at Kibos Road, Dago, Konya, Dunga, parts of Kajulu, Riat and Kisian, Dago together with Otonglo areas.

Ends

The EAC has commissioned a study to enhance trade ties with the US

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Writes Leo Odera Omolo

The East African Community [EAC} has commissioned a study ahead of direct trade negotiations between the bloc and the United States which is keen to deepen ties with the region.

A directive by the EAC Sectoral Council on Trade, Industry, Finance and Investment, which consists of Ministers who handled the EAC docket, has directed the directors to undertake a study to determine what the negotiations should be based and how the region would benefit from any resultant agreement.

The Trade and Investment Partnership Agreement {TIPA] between the EAC and the US was initiated last year to support the economic integration of the region and enhance the EAC-US trade and investment play in economic and social development, including job creation,

Washington’s push for the clearly defined trade ties between East Africa Community and the United comes at a time when China is emerging as a dominant player in the region.

The study expected to be completed within four months will allow for shorter and more focused negotiations as opposed to the outgoing talks between the EAC a nd EU, which have dragged on for a long time.

A Mr Felix Okatch, a Kenyan multilateral trade expert, however, said the region should not expect a lot from the agreement because the distance between the two partners is a hindrance for trade when compared with the EU. Rwanda is the only country in the region that has a bilateral trade and investment agreement with the US. It was signed in December 2011.

He added that Rwanda-US deal would not affect the trade agreement to be signed by all the EAC member states and the US, as they would be bound by the most favored between nation {MEN} clause.

“In this case, what the US exports to Rwanda will also be exported to the other partners and what Rwanda exports to US can also be exported by the other partner states”, as per what the EAC treaty states.

The EAC-US trade and investment is a component of the US strategy towards Sub-Saharan Africa,which President Barrack Obama announced in June 2012.

President Obama’s objecives are to strengthen democratic institutions, promote peace ,unity and trade and investment.

The total trade volume between the EAC and the US is estimated currently at US D 1.1 billion and the trade between the US and Kenya is estimated at 656 million followed by Tanzania USD 201 million, Uganda USD 142 million, Rwanda stands at USD 81 million while trade with Burundi is USED 51 MILLION.

Ends

KENYA: WHY JUBILEE GOVERNMENT PREFERS COLONIAL POLICE STRUCTURE

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From: Ouko joachim omolo
The News Dispatch with Omolo Beste in images
TUESDAY, JUNE 18, 2013

Just like the police force was formed to protect colonial business interests, it explains why Jubilee government would prefer to retain this structure. It also explains why the conflict between the office of the Inspector General of Police David Kimaiyo and that of National Police Service Commission Johnston Kavuludi on appointments can never be resolved.

According to the old constitution the function of the police was to enable the colonial administration to penetrate “native” areas and enforce the policies of the colonial administration.

It was this function and structure that gave power to police boss in Kisumu, Grace Kaindi, who has been promoted to Deputy Inspector General to give orders to shoot to kill in Kisumu during 2007/08 post-election violence.

With such appointments, it will mean that rebellion symptomatic of rifts within Kenya’s police force over harsh tactics ordered to suppress opposition protests will continue to take place.

With this old structure junior police officers are to act on orders from their superiors. If they are ordered to kill they will do exactly that. If they are ordered to use force, brutality or even use live bullets to kill opposition supporters protesting constitutionally, they will do exactly that.

That is why during the post-election violence many deaths have been caused by police, who have fired tear gas and live rounds at protesters. Several police officers had been given “shoot-to-kill” orders, “a general rebellion which has been compounded by that kind of orders.”

With this structure it will also mean that salaries of the police will never be reviewed. Until June 2007, according to police pay slip of one particular police- Peter Kinyanjui: basic salary is Ks 15,000, Hse allowance 0, Gross salary 15, 0000, Deductions: Magereza SACCO 3,000.00, NHIF 320.00, NSSF 200.00, PAYE 2,740.00, Loan repayment 3,260.00- KCB LOAN 2,250.00, Total Deductions 11,770.00- Net Pay 3,230.00.

Despite the fact that this old structure has made the police very susceptible to corruption and crime in the country, Jubilee government to make Police Force in Kenya to remain a law unto itself, explaining why Inspector General David Kimaiyo defied National Police Service Commission chairman Johnstone Kavuludi by releasing a list of 47 county commanders without consulting.

This means that in order to appoint police boss who can act as the eye of the government, Kimaiyo for that matter is the right person to carry out that responsibility because he is the only one who can be trusted by the government.

This can explain clearly why in recent appointment of county police commissioners and the County CID heads, where Stanley Cheruiyot was appointed to Kisumu county, the appointments had to be carried contrary to section 7(2) of the National Police Service Act which states that all officers shall undergo vetting by the (National Police Service) Commission to assess their suitability and competence.

This section was entrenched in the new constitution following a history of human rights abuses by the Kenya Police. It also aimed at police reform, given that Kenyan police are poorly paid and have to make use with archaic housing that has not been expanded or renovated since the 1970s.

The Police have the following units: Criminal Intelligence Department, General Service Unit, Police Air-Wing, Presidential Escort, Kenya Police College, Kenya Airports Police Unit, Tourist Police, Railways Police, Traffic Police, Dog Unit, Anti Stock Theft Unit, Anti-Terrorism Unit, and Diplomatic Police.

Although Kimaiyo was appointed due to his wide experience in the police force, he is to lie low to instructions contrary to his professionalism.

Born on July 1, 1960, David Kimaiyo has a Bachelors of Arts Degree in Criminology and Criminal Administration from the University of South Africa (UNISA) and from KCA University.

He also undertook a course from the University of Leicester for his MSC, also holds a Bachelor of Theology from the Beacon University of Institute Ministry in USA, a Master of Science in Criminology and Criminal Justice from the University of Leicester in the United Kingdom, a Master of Theology from the Beacon University of Institute Ministry, USA.

He is currently pursuing a PhD in Criminology and Social order from the University o f Nairobi. Until his appointment to the Inspector post, he has been the Director/Coordinator of the Kenya National Focal Point on Small Arms and Light Weapons.

He served as a Senior Deputy Secretary in the Ministry of National Heritage and Culture from 2008 – 2009. He was the Director of Operations of the Kenya Police from 2003 to 2008. He was Coordinator of the Kenya National Focal Point on Small Arms and Light Weapons from 2003 to 2004 and Commandant General Service Unit (GSU) from 2002 to 2003.

Kimaiyo also served as the Commander Presidential Escort Unit (PEU) from 1999 to 2002 and holds an advanced VIP protection Course from Tel Aviv in Israel.

According to his CV, he has Certificate on the Regional Implementation of the United Nations Programme of Action (UNPOA) on Small Arms and Light Weapons and on Strategic Trade Control Implementation, Legal Regulatory Training, from the University of Georgia Centre for International Trade and Security, Washington DC in USA attained in 2012.

He also holds a Certificate in Arms Making for Stockpile Management, Nairobi attained in 2010. Kimaiyo’s CV says he attained a Certificate in illicit Small Arms and Light Weapons Course (ILEA) from Gaborone Botswana in 2004 and in the same year acquired a special training in Crisis management and contingency Planning Course RIPA International United Kingdom.

He holds several awards such Order of the Chief of Burning Spear (CBS), Order of the Elder of the Burning Spear (EBS), Order of the Moran of the Burning Spear (MBS), Head of State Commendation among others. He becomes the first IG under the new constitution.

Fr Joachim Omolo Ouko, AJ
Tel +254 7350 14559/+254 722 623 578
E-mail omolo.ouko@gmail.com
Facebook-omolo beste
Twitter-@8000accomole

Real change must come from ordinary people who refuse to be taken hostage by the weapons of politicians in the face of inequality, racism and oppression, but march together towards a clear and unambiguous goal.

-Anne Montgomery, RSCJ UN Disarmament Conference, 2002

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from: PubliceyeT@ . . .

Raila Gives Speech to Kenyans in Jersey City, NJ
http://www.publiceyesite.org/blog/?p=20654

Sunday 06/16/13 Jersey City, NJ. Former Prime Minister Raila Odinga gave a speech to Kenyans in Jersey City, NJ which is a political spot light for Kenyan politicians when it comes to political fundraising and outreach meetings for the Diasporas. He was hosted at New Karibu Maranatha SDA Church, a Kenyan Church after being given flowers at the entrance and welcomed by Kenyan community leaders.
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http://www.publiceyesite.org/blog/?p=20654