From: Judy Miriga

Folks,

Corporate Business Community of Special Interest cartels are a group of companies who join together in solidarity as entrepreneurs mostly united under Chambers of Commerce to own and control business monopoly so they amass wealth and power under shared interest of Multi-National Corporations to avoid competition but manipulate, unleash, control and disable public/society/community’s freedom and favorable livelihood through their evading paying taxes but create an environment to overburden the society to shoulder their taxes and debts through high rising cost of living with inaccessibility to fundamental basic needs. These unscrupulous International Corporate Special Interest Cartels play cards to avoid constitutional demands for public rights to comply over transparency or accountability and usually corrupt their way through the use of CEOs, Agents and Lobbyists who have access through politicians they pay huge sums of money for their undercutting deals, and with others, mostly from African Leadership who connect through the use of University Student Exchange Programs with African Diaspora students through their University Professors who network to formalize such illegal deals while the Diaspora Students have their fees paid from Taxpayer money under illegal fictitious Endowment Fund pools.

Presently, Kenya with the rest of Africa, as well as the Global Citizenry Societies are sitting on timed bomb, they are being economically terrorized and are robbed out of their livelihood and dignity, left right and centre by The International Corporate Cartels whose operations evade paying taxes, are under secrecy and are dubious. In which case, these International Corporate network cartels are not doing descent and responsible balanced business according to constitutional policy rights. These International Corporate Cartels Community network have and share something in common with corrupt political leaders, to defraud the ordinary public of their rights to live a dignified and honorable livelihood. They live above common Law of special self-interest, where they defy rules and regulations not to comply with Public Interest, Needs and Demands and have no obligation to comply to Public Mandate. They go out of their way to corrupt Political environment to have their way (business as usual) by hooks or crooks. It is their way or no way………Any business which is not their way of interest, they will use all means and form to block it……In otherwords, they are up to blocking Public Interest for Survival…….

The Coalition Government term of Office ends in December 2011 according to the National Reform Accord Agenda and as is in the New Constitution. The Speaker Marende and the High Court under Chief Justice Willy Mutunga with Diputy Chief Justice Nancy Baraza will Officiate the remaining business of the House to complete the New Constitution Bills when the house goes in recess. This is why the Coalition Government is trying to Change the Constitution in a hurry and extend delay of their term in Office to complete their unfinished illegal and Unconstitutional unscrupulous Corporate Special Interest business, but time is against them. It is Abuse, Violation and Crime against humanity for them to change the constitution to overstay in Public Office. They have no right to change the constitution to suit their special interest. It is against their jurisdiction for which they took Oath of Office for which they must uphold.

It is time that people of good intention must join to speak out openly and frankly, as God Promised us that “The Truth Shall Set Us All Free”…….If we fear and remain curled in our corners, we will remain to be oppressed by wickedness……….because FEAR does not come from God……..

These Large unscrupulous organizations over-time acquired Special Interest of great Politically Correct command, influence and powers for their “self-centred-interest”, and the Corporate shareholders and owners became rich and most powerful men in the world. They eventually out-do and control the Government machinery and bring it to a halt, where Public Interest is evaded and Special Interest is put top over anything else…….Citizens will pay taxes and Corporate Cartel network will not pay taxes they will lobby for exempt of taxes………They will determine who to employ and marginalize and bring down those who oppose their interests………..Their intention is to amass wealth and control and regulate the Economic and Political Engine so to monopolize business to conform to their special interests and from meeting competitive edge, so there are no New or fresh Technology that can emerge without their back-up support or blessings…….They want to remain on top of the game………A case in point where Chinese and Indians are being used as Mission Agents in Kenya, East Africa and the whole of Africa including the rest of the world under “Intellectual Property Thieving”, to defraud public off Public Corporations, Public Land, Oil and Gas, Agricultural and Fishing Industries, Natural and Mineral Resources e.g. Gold, Diamond and Water are shipped out to foreign markets such like in Europe and Arab markets, but violate and abuse business protocol ethics, disregard Environmental issues and in the midst of all, abuse, violate and commit all forms of crime against humanity through environmental and air pollution, neglect freedom and rights to dignified and honorable survival, commit assassination, executing and driving the society/public/community to homelessness and into deathbed…….and finally expanding abject Poverty bracket to include the middle class society where life has no meaning to the majority 99% people of the world.

These are some reasons why these Corporation Cartels because of their Political Agents, Lobbyist and network, and because of their control and wealth power from corrupting politicians of whom they corrupt and finance and who they sponsor to represent their interest at elections, get away and engage in negativity from not being compliant to Governance Policy Procedural Rules and Regulations and avoid and defy constitutional policy of Peoples Rights.

Having said the above during the season month of good tiding, I have a few pointers to make. Hatred, killings, pain and suffering is evil. It is all wickedness. We must all accept to cross-over to the next year with improved resolution.

Looking back a few case scenario, taking Kenya for example, why rulership of Moi was full of incidents were because of vested ego of special interest of self-centeredness were based on “Fuata Nyayo”. This is when things begun to go out of control completely, separating the poor and the rich, where the few rich in the circle of corrupt businessmen control public wealth and amassed power under Moi Regime. Kibaki followed and was surrounded by a few inner core of wheeler dealers “self-centered” known as “The Black Box” who were bent on what is termed as “Moi’s unfinished Business”, and this is why there was genocide during election time where things fall apart in 2008/9. Kibaki surrounded by the “Black Box” were not ready to relinquish power. In 2002-2005, the Black Box inner core had planned Vision 2030 to steal from Public Resources, facilities and Utilities, where Public Corporation and Public Wealth from Land grabbing, Oil and Gas, Water resources, Natural Mineral in such like Gold, Diamond, Titanium were already auctioned at the Global Emerging Markets which created greater interest to the International Corporate Business of Special Interest cartels. To break Kenya, Special Interest targeted the Religious Faith Institutions i.e. the Churches and Mosques……..they came in all shapes and design to fool, pollute and infiltrate the Kenyan population not to accept the New Constitution, so their agenda of “Free Trading” in the “Intellectual Property Thieving” would go on smoothly undeterred. This is why Moi with the rest of PNU majority were against the New Constitution. The voices and votes of the majority Kenyans outnumbered them at the REFERENDUM.

The wicked dont give up easily, they vowed to change Public Mandate in Parliament against Public Interest. This is the reason why, Devolution of counties has become a thorn in the flesh, and why the Special Interest Legislatures are up and against the position of Governorship, why they want to scrap it off. It is the reason why Vision 2030 has become a white elephant, is speeded in a hurry so it can swallow Public Funds to benefit unscrupulous Special Interest Corporate Cartels in the guess of “Free Trading”. It is the reason why Migingo and Lamu Port is jointly stolen and taken away and owned by Museveni of Uganda and the Chinese teaming up with Indians as Commission Agents for unscrupulous Corporate Special Interest Business cartels. It is the reason why Poverty, hunger, draught, environmental pollution, forceful Evictions, why the internally displacements in makeshift camps has become commonplace and flood is killing many Kenyans with Doctors demonstration, Teachers and workers union crying for improved employment terms and condition for their work, when Ababu Namwamba instead of helping his constituencies to solicit for help for the 100,000 displaced victims by flood in Trans Nzoia, ran away from his responsibilities to have fun in USA and colleague Prof. Anyang Nyongo find reasons to evade their jurisdiction office responsibilities, take hue to private holiday in the USA. At the same time, the Coalition Government is non-compliant and is totally aloof in rendering and upholding services to Public according to their Oath of Office obligations and from securing and protecting lives when funds were made available at the International Financial Institutions like IMF, World Bank, USAID, CIDA, AfDB, IFAD, IGAD, COMESA, with other United States Financial Agencies to curb and prepare public in advance against such calamities like to eradicate poverty program agenda. The Coalition Leaders purposeful misappropriated Public Funds in such of Millennium Development Agenda funds, failed to secure youth from joblessness funds in “Kazi kwa Vijana”, got engaged in mismanagement and misappropriation of Free School Education Fund, as well as funds for Peasant Farmers (small community land holders) etc.,……..As a result, people have been pushed to a state of hopelessness in the drop of shilling to unmanaged high rising cost of basic needs but instead, the Coalition Government Leadership transferred public funds and wealth to give support and boost to “Free Enterprise Business of Corporate Special Interest Cartels”. These are behaviors summed up as Abuse, Violation and Crime Against Humanity…….that must be taken very seriously by good people of the World. We must loudly voice desperate urgent concerns for the world to take this matter extremely very seriously.

In another scenario, the Coalition Government of Kibaki and Raila plan to extend stay in Public Office against National Reform Time-table, through Constitutional amendments changes of delaying tactics because of unfinished Business and to protect the Ocampo six from facing justice at ICC Hague. This is the reason why the unscrupulous Corporate Special Interest cartels engage in organizing activities to short-change and manipulate ICC Hague decision, why they plan to engage the New Prosecutor Fatou Bensouda in “Contempt of Court” under faked meeting stage-managed to engage on Peace and Unity in New York. This is unacceptable and good people of the world must stand together not to allow any of such to happen………..Kenyans made a stride forward with the REFERENDUM, a success to the New Constitution and we must not allow ourselves to be driven recklessly to be stuck in the mud as we will make no positive move to improve our destiny, the future of our grand and great-grandchildren.

These are other reasons why Social Constitutional Welfare Programs, concepts of Corporate Responsibility and obligation for shared Mutual common interest are violated and abused altogether, part of which are the reason for Government system activities being insufficient and are dysfunctional. Social issues welfare mostly relate to Healthcare, School programs and sports and College facilities and funding, as in science and technology improvement which limits educational prospects for public/society diversity programs. It is the reason why there are open doors to non-control, manipulation, violation and abuse by such corporations, and therefore this equally limits competitiveness with other factors from addressing social issue based needs which would otherwise create an improved climate for fair playing field to all and provide a balance progressiveness of Social Responsibility of give and take. This means that, such unscrupulous Corporate Cartels avoid concepts of Corporate Social Responsibilities to have their fair share in moral, ethical and philanthropic responsibilities to have a fair return from their Business investments interest through compliance and in honoring and respecting the Constitutional Rights of Mutually shared public Mandate.

The legal responsibilities relate to the expectation that organizations will comply with the laws set down by society to govern competition in the marketplace. Organizations have thousands of legal responsibilities governing almost every aspect of their operations, including consumer and product laws, environmental laws, and employment laws. These ethical responsibilities are basic needs, demands, concern and interest of societal wellbeing expectations that go beyond the law, but harmonizes coexistence such that the investment organizations will conduct their affairs in a fair and just responsible manner. Which of course, this means that investing organizations are expected to do more than just comply with the law, but also make proactive efforts to anticipate and meet the norms of society even if those norms are not formally enacted in law.

The discretionary responsibilities of corporations refer to society’s expectation that organizations be good citizens. This may involve such things as philanthropic support of programs benefiting a community or the nation. It may also involve donating employee expertise and time to acceptable worthy causes.

Corporate Social Responsibility is a corporate conscience of being a good citizen and participating fairly in all matters of social and economic responsibility in boosting business growth and success through transparency and accountability. The business management must ensure its active compliance is with the spirit of the Law, observe ethical standardizations, respect international treaty norms, encourages positive impact through its activities on environmental protection, value, honor and respect its consumers, employees, communities and stakeholders with all other members of the Republic.

It is possible that if such unscrupulous Corporate special interest cartels are let loose, it could engineer a coup over a government to impose their special interest those that are against public interest to avoid competitiveness, transparency and accountability. They will have priority and access to any and all government resources such as Government bonds, Government’s promissory notes, tax exempt, where they would create a super Government shadow for dangerous activities as Government Contractors to circumvent, infiltrate and subvert legitimate government which is of and for the people………

To avoid Global Corporate Cartel Heinous Exploitation facilitating network from crippling the Economy, there must be a Government enforcement authority from the Government system working in liaison with Public Ombudsman (Public Watchdog) to offer services to protect genuine human wellbeing issues and provide free legal mediation services and advice that which is able to contain and control the Cartel Corporations to live within their business limitation and observing rules, regulation and control………. so to protect Public Interest, Consumer Rights, avoid violation, abuse and crime against humanity or overstepping Government Regulatory Principles.

People of the world, Wake Up and heed my call, if we remain united for good cause, when we expose and condemn wickedness with evil wrong doers, we will win a good cause for improved better world for all without fear, intimidation or threats; but if we allow 99% of people of the world to be divided and be destroyed and exterminated by a few selfish self-centered 1%, it will spell doom, pain and suffering and life will be meaningless and useless. There will be lamentation and gnashing of teeth. These unscrupulous Corporate Special Interest cartels do not value or care for Human Dignity or Human Rights.

Are we going to stand and watch wickedness destroying the world……???……It is our right move to make resolute decisions to act favorably to save this world from evil and wickedness deeds and from exterminating helpless victims, where in Trust and Faith, we will safeguard lives from careless killings, spilling of more innocent blood, more pain and sufferings, and from perishing from God’s special gift of life where we will loose our souls and the world, because of the 1% greedy self-centered Special Interest Cartels.

Life is a mystery, no one chose to be created, we found ourselves given life for free by our Creator and no one knows day or time we all will leave this world, (the maker who is God know all things and is in control). The world is a gift to all of us from God, and as well, we cannot live in isolation or in hatred of each other, because God did not plan that we leave in isolation or in hate from one another. God promised all of us to work hard and not be lazy, so we can have food to eat in order to live. God summarized His creation and said that it is perfect. In simple terms, we need each other for life to be complete. It is because, we are each others’ blessings. Therefore, big or small, rich or poor, to be a success story, we need each other. We must however strive to create a favorable conducive environment where we all must co-exist united, at peace and in love with each other. Hate came from the wicked evil spirit, the Lucifer…….but, The greatest Law of God is Love. People must engage and share amicably under respect of Law and Order, shared in common Mutual Interest of all. We should, in good naturedness, get involved to do what is good, and in sharing, to make this world a happier better place to live, free from pain and suffering where life is worth living. To be a participant one must choose to do what is wholly acceptable by the majority. This is why the principle stand is, majority Rule. It is a Challenge people, it is the Will and Purpose of God’s Creation, for which, God has the final say in all our doings…….Amen.

Thank you all and Merry Merry Christmas and happy Holidays

to you all……..

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

– – – – – – – – – – –

Dylan Ratigan Bankster Rant! ‘WOW’

Uploaded by amy2x on Oct 11, 2011
Dylan Ratigan explains how Wall Street bankers and crooked politicians have plundered, raped and looted the public for way too long. If more members of the corporate media were willing to hand out the truth like this America could fix the problems of corruption that hampers our economy.

New parliament chambers

Uploaded by ktntvkenya on Dec 7, 2011

What could be the going price for the seat befitting an honourable lawmaker? Well, it will cost Kenyan taxpayers two hundred and twenty thousand shillings for each retractable leather seat for mps in the new ultra-modern chambers which are expected to be ready for sittings by march next year. The 352 seat chamber will cost seventy million shillings to fit seats alone. What’s in the chamber, you ask? Well, let Patrick Amimo take us on a tour.

New Parliamentary chambers project on track

Uploaded by NTVKenya on Dec 7, 2011

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The sometimes-controversial new look parliament chambers project is on course after all, and will be ready for use on schedule. The expanded chamber and its facilities are anticipated to cost the exchequer nearly one billion shillings. Robert Nagila takes us on a tour of the facility.

Cartel fleecing land buyers in Athi River

Uploaded by NTVKenya on Dec 14, 2011

http://www.ntv.co.ke
A report has unearthed a cartel operating irregular allotment of public land in Athi River. The report says that irregular land appropriation and illegal acquisition have seen proliferation of fake land ownership documents. The report recommends the urgent arrest and prosecution of the perpetrators. Athi River has attracted many land buyers from Nairobi and other urban centers surrounding it.

Anti-corruption nominees rejected

Uploaded by NTVKenya on Dec 14, 2011

http://www.ntv.co.ke
The Parliamentary Legal Affairs Committee has rejected all the three nominees proposed for appointment into the Ethics and Anti Corruption Commission and wants the Executive to submit fresh names.

Senate Debate

Uploaded by kenyacitizentv on Dec 13, 2011

The controversial plan to scrap the senate as fronted by Ndaragwa Mp Jeremiah Kioni now faces stiff opposition in parliament after a section of Mps vowed to hold public rallies to make any probable constitutional ammendment to facilitate the plan unpopular. While accusing Kioni of being used by a section of government officials out to derail the reform agenda, the mps said that Kioni’s move was targeted at sabotaging the benefits of devolution. However, Kioni has remained adamant, saying that the planned move was informed by the need to cut down on the cost of running a bloated government. But as Chris Thairu reports, Kenyans will still have the final say as the matter must be subjected to a referendum.

Jeremiah Kioni should slap himself. Kenyans made their choice known? thru the referendum. That was the time to fight it. Methinks presidential candidates should be allowed to run for the senate tho. This is the only way to balance power – keep them relevant till the next election. Keeping these guys out of national politics will give an unfair advantage to the incumbent.
sirjonduke 1 day ago

waste of time…hii katiba ndiyo? kiboko yao
naidamu 1 day ago

Senate Debate

Uploaded by kenyacitizentv on Dec 13, 2011

The controversial plan to scrap the senate as fronted by Ndaragwa Mp Jeremiah Kioni now faces stiff opposition in parliament after a section of Mps vowed to hold public rallies to make any probable constitutional ammendment to facilitate the plan unpopular. While accusing Kioni of being used by a section of government officials out to derail the reform agenda, the mps said that Kioni’s move was targeted at sabotaging the benefits of devolution. However, Kioni has remained adamant, saying that the planned move was informed by the need to cut down on the cost of running a bloated government. But as Chris Thairu reports, Kenyans will still have the final say as the matter must be subjected to a referendum.

Senate debate

Uploaded by ktntvkenya on Dec 13, 2011

Senate debate

Why Now ? WEe have to taste the new Constitution first and find out that is not woking then we can make changes, and those who fears are the same against the Constitution with their NO Camp. They trick now and they are afraid of Devolution Goverment which they can’t control for example it’ is Mombasa and Coast Province resources.?
buddysagaa 2 days ago

You would have to really mutilate the constitution to remove every instance where the word ‘senate’ appears. The best thing is let the Salaries and Remuneration Commission cap MP, Senator and Governor salaries at not more than KSh 300,000.
There is alot of waste in gov. 60% of? our budget goes to paying salaries and pensions. Only 30% spent on development.
drsugarcane 2 days ago

I just wonder why can’t uhuru say it himself instead of sending this fellows who hate others progressing in life just like them.His father killed the first katiba now he wants to do the same they must take us to be stupid because we never went to st mary’s or what fear God this foolish wealth you have will not save you from damnation it is hard for a rich man to go into heaven simply because they trust there wealth and not God to gain power and oppress people with it to hell with there? ideas.
north77100 2 days ago

Why must they earn “..in upwards of? a million shillings”? their salaries and terms of service can always be structured to fit the budget in the new county system.What is the commission charged with this responsibilty saying?
thuraku 2 days ago

do not bring crap argument on expenses as though you have woken up now. Tell kenyans how much they are going? to save by creating th big offices we hear. If the saving is there and efficiency guaranteed, our country is a rich country you have no idea. We can survive with tea alone all the rest assumed at zero, that’s how bad corruption is and if you have balls to disagree bring the numbers not papapap
tropicalservices 2 days ago

My friend you have a point but do not look at the whole process in exlusivity on th expenses front. All the offices are created with the hope and I say the hope because Kenya has to change. With the hope that corruption and? the ills associated with it are going to have no room. as good as you are in numbers tell us what we have lost in the last 8yrs on corruption from Anglo to maize to CMC na kadhalika?? we can pay 2milion per person at zero corruption. Who disagrees is leaving in another planet
tropicalservices 2 days ago

Katiba was already passed this is time to implement? not change, let’s see how it works and then kenyans can decide in the future to either lower the salaries of all elected officials, moles who opposed the constitution are creeping back creating meaningless debates.
kanindo312 2 days ago

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Cabinet meeting endorses austerity measures

Uploaded by NTVKenya on Dec 13, 2011

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Even as the doctors rejected the Government’s deal, the Cabinet made a decision that could stall the entire negotiation process. A Cabinet meeting today resolved that salary reviews and concerns of public servants would be directed to the Salaries and Remuneration Commission which is yet to be set up. The meeting also came up with a raft of measures that are aimed at substantially reducing the Government’s expenditure in the face of harsh economic times.

World Business: A New Port for Kenya — 25/03/2011

Uploaded by worldbusiness on Mar 25, 2011

World Business: Kenya is in an enviable position. As trade grows between Africa and the booming markets of Asia, its location on the East coast of the continent makes it an ideal transport hub. Plans are in place to develop a huge port system in the country which could provide a substantial boost to the economy, but not everyone supports the idea.

World Business: China Energy — 29/07/11

Uploaded by worldbusiness on Aug 30, 2011

For manufacturers in China, 2011 marks another year of power cuts. One of the factors behind this is a rebound in the production of polluting and high energy industries. New policies to radically clean up will be unveiled in the autumn, which will have far reaching implications for companies doing business in China.

Reporter: Nick Mackie

Lamu port concerns

Uploaded by NTVKenya on Jul 23, 2010

http://www.ntv.co.ke
Lamu residents and environmental groups want the government to halt consultancy work on the port design project until a comprehensive environmental impact assessment study is done. Consultants hired to design the multi-billion shillings project are already on the ground carrying out feasibility studies. The 9-month feasibility study by the Japan Port Consultants is seeking to address those very aspects that the residents are raising up.

Court to rule whether Kibaki can call first polls

Updated 5 hr(s) 15 min(s) ago
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By Evelyn Kwamboka

The Constitution does not give anyone, including the President, the mandate to set the date or call elections.

This leaves High Court to decide on whether President Kibaki has powers to call for the first elections under the new Constitution and set the date.

On Thursday, Attorney General Githu Muigai said there is need for the court to declare that by virtue of Section 10 of the Sixth Schedule, Section 59 of the old Constitution gives the President powers to dissolve Parliament and call for the first elections under the new Constitution.

Section nine and 12 of the Sixth Schedule does not mention a body or person to give the election date.

Section nine says the first elections for the President, National Assembly, Senate, country assemblies, and country governors under the new Constitution shall be held at the same time, within 60 days after the dissolution of the National Assembly at the end of this term.

Subsection two further states that if the coalition established under the National Accord is dissolved and the General Election held before 2012, elections for the first county assemblies and governors shall be held in 2012.

Representing the AG, Deputy Solicitor General Muthoni Kimani on Thursday said the election date should not be later than December 2012.

“This court can give the country a solution to the issue. Whatever decision is given by the court should assist this country and keep all its citizens together,” Ms Muthoni told a three-judge Bench. She told Justices Isaac Lenaola, Justice Ngugi Mumbi and Justice David Majanja that the new Constitution does not indicate who has the powers to call for elections or set date for it.

Thus, President Kibaki can dissolve Parliament and determine the first General Election date, adding that this should be no later than end of December 2012.

No powers

“The date for the first election is to be determined by a reading of what other countries with a similar situation did,” she added.

Kilome MP Harun Mwau said the election date should be January 2013, because that is when the current Parliament’s term ends.

He said if Parliament is dissolved because of elections before the term ends, MPs should be paid for the remaining days that they were to serve their constituents.

Through his lawyer Mr Havi Nelson, Mwau said the Executive has no powers to publish a Bill proposing an amendment to the Constitution promulgated on August 27, last year, on the election date.

The cases on the election date have been filed by Mwau, Mugambi Imanyara, Lawrence Gumbe, and Martin Gitonga against the AG, Commission for the Implementation of the Constitution, and the Independent Electoral Boundaries Commission.

We must respect new laws on human rights

Published on 09/12/2011
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On December 10, 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights, the first distinct pronouncement of such rights.

Two years later, the International Human Rights Day was formally established, and today – over 60 years later – Kenya joins the rest of the world in marking it.

A new Constitution renewed hopes of change from decades of bad governance, which had little respect for human rights.

Now that the Bill of Rights, a framework for social, economic and cultural policies, is in place, many are hinging their hopes on its implementation.

Besides the right to life, the Constitution makes provision for equality and freedom from discrimination, housing, education, and healthcare, thus strengthening commitments made by the country towards respecting human rights.

Previously marginalised groups like women, the youth and disabled now have a wider chance to participate in national politics – a right protected by law.

But even as we celebrate these gains, it would be prudent not to lose sight of the fact that extra judicial killings, wanton demolitions, corruption, impunity, and a general disregard of the law threaten to dissipate gains made thus far.

The clamour to make amendments to the Constitution just a year after its promulgation must take cognisance of the fact that the previous constitution made nearly 30 such changes.

Few, if any, were made in the interests of the people.

Four years after the chaotic 2007 presidential election, victims are yet to get justice and there is little to show that a local mechanism to try suspects will be established.

Find out if land belongs to Raila, Speaker directs Orengo

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By Standard Team

Parliament has directed the Ministry of Lands to establish whether a parcel of land said to belong to a company linked to Prime Minister Raila Odinga was in an area where Government carried out recent demolitions.

Temporary Speaker Joyce Laboso directed the Minister for Lands James Orengo to find out whether the ten-acre piece of land was in Kyang’ombe; one of the areas the Government flattened homes that were on a flight path.

This came after Embakasi MP Ferdinand Waititu caused a storm in the House when he tried to link the PM and his brother Oburu Oginga to the demolitions that caused an uproar.

Contributing to the debate on a Motion seeking to adopt a report of a joint committee that investigated demolitions in Nairobi and its environs, Waititu told the House that some senior officers in Government instigated the demolitions.

He proceeded to table in the House documents to prove that Raila and Oburu were directors of New Port Limited, the company that owned the land.

The MP claimed that the PM instigated the demolitions of buildings outside the flight path, save the parcel of land.

Waititu further caused uproar when he named a third MP, Cyrus Jirongo (Lugari), as another person who owns land in Kyang’ombe.

But his claims did not go down well with Orengo, Nominated MP Millie Odhiambo and Assistant Minister Orwa Ojode, who demanded that he substantiate the claims.

“Is it in order for a member to start discussing a fellow member without a substantive Motion?” posed Odhiambo who demanded the authenticity of the documents Waititu had tabled.

Standing on a point of order, Orengo said it was not true that the land was in the area where the demolitions took place.

“The information given by the member may not be true. It is wrong for him to use the Motion for political purpose and finding fault,” the minister said.

He added: “Waititu should be the last person to speak about land matters in Nairobi.”

Ojode said the documents tabled by Waititu did not show how the company instigated the demolitions.

“There is no law that stops the PM and his brother to have a company that owns land,” Ojode said.

Waititu maintained the documents he had tabled were genuine and that he had given the same to the joint committee that investigated the demolitions. It was at this point that Assistant Minister for Youth and Sports Kabando wa Kabando stood on a point of order and said the manner in which demolitions were carried out clearly indicated that there were some sacred cows in the Government.

“I want to tell Hon Waititu that he should not be cowed. Nobody is beyond reproach including President Kibaki and the PM,” Kabando shouted as the Speaker struggled to bring the House to order.

Laboso, the temporary Speaker, however, said a letter from the Registrar of Companies that stated the directors of New Port was admissible, as it contained the Government letterhead and was signed.

– Stories by David Ochami, Peter Opiyo and Steve Mkawale.

MPs accuse Uhuru, Muthaura of arm-twisting Parliament

Updated 21 hr(s) 9 min(s) ago
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Finance minister Uhuru Kenyatta and Secretary to the Cabinet Francis Muthaura were accused of trying to sabotage MPs’ attempts to control bank interests and cost of fuel through legislation.

An MP accused the minister of arm-twisting Parliament and intimidating him for trying to amend several laws to control banking and energy policies.

“He told me he will withdraw his Bill only when I withdraw my amendments,” said Jakoyo Midiwo, accusing the minister of delaying the Finance Bill to defeat his proposals to amend several laws, including the Banking and Energy Acts.

Muthaura was accused of launching “an attack on Parliament” for allegedly writing a letter on December 6 suggesting that amendments proposed on the Bill are “suicidal” and could “lead to hyperinflation” and poison Treasury’s negotiations with the International Monetary Fund (IMF).

The war between Parliament and the minister who is also a Deputy Prime Minister has delayed adjournment of Parliament for Christmas and enactment of the Finance Bill since early December.

The Bill must be passed by December 31 to enable the Government levy taxes legally but on Thursday Uhuru said he was not ready to move the Bill because legislators had proposed many amendments to it that he needed time to analyse.

Technical grounds

Speaker Kenneth Marende warned that “consequences for not passing the Bill by December will be dire” because the “Government will not be able to levy taxes legally.”

On Tuesday, Marende tried to bar MPs from introducing amendments to the Finance Bill on technical grounds that were overturned by the House Business Committee on Wednesday.

Thursday’s development was a climax to a widening controversy that has sucked in the Speaker, Kenya Bankers Association and Chief Whip Jakoyo Midiwo.

On Thursday Motions to debate the Bill and adjournment of Parliament were on the order paper but no sooner had the Finance Bill been read out for debate than Speaker Kenneth Marende rose to inform MPs that Uhuru had informed him he was not ready to proceed due to the proposed amendments.

Several MPs shot up to protest Marende’s announcement accusing the Finance minister of denigrating Parliament and attempting to control its calendar.

John Mbadi of Gwasi tabled a copy of the letter, apparently written by Muthaura, indicating that the Cabinet had agreed to support the Finance Bill and reject any amendments to it.

Stung by the revelation, Vice-President Kalonzo Musyoka, who is the Leader of Government Business in Parliament, tried to discredit the letter because it was not marked secret.

According to the letter, Muthaura wrote to assistant ministers (who do not attend Cabinet meetings) disclosing that the Cabinet agreed on December 6 to support the Finance Bill as proposed by Uhuru without changes.

The letter accuses some MPs of plotting amendments to the Bill that touches on other ministries without proper consultations and argues further that changing the Bill “would be suicidal for it would raise a public outcry, lead to hyperinflation and adversely affect the ongoing negotiations with the IMF”.

– Stories by David Ochami and Steve Mkawale.

MPs’ failure to pass key Bills disgraceful

Published on 08/12/2011
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It is high time MPs realised that their privileged positions are not a right, and that there are times when they should put the future of the country ahead of their egos and other petty issues.

We say this because Parliament is due to adjourn on Tuesday next week, and there will be no House business until sittings resume in March.

Meanwhile, they are yet to pass several Bills that, under the Constitution, have a specific timeframe in which they must become law.

The kind of arrogance displayed by the House towards their primary duty, which is to pass Bills, reflects the attitude prevailing in the Grand Coalition Government where party and other sectarian interests, take precedence over legislation.

Empty indignition

The tearing down of palatial homes in Syokimau and the ensuing circus as MPs put on cloaks of indignation and rushed to Parliament to initiate an investigation reveals that our legislators only act when their votes are threatened.

This lack of nationalistic fervour does not bode well for the future of lawmaking.

One of the Bills that are pending is on devolution, while the other is on land.

Both touch on areas where the House is divided down the middle, but putting off their debate only delays the inevitable.

The Bills are among whose deadline for being passed into law expires in February next year.

Land is an emotive issue and, as the Ndung’u Commission’s report – which the Government has refused to release – and the 2007 post-election violence indicated can undermine the fabric of national security and the economy.

Wrong prescription

Much as the Mutava Musyimi-led Parliamentary Committee has proposed that those evicted be paid, many of the issues behind the Syokimau saga and others before it are dealt with comprehensively in the Bill on Land use.

What Musyimi and his ilk have done is rather like a doctor prescribing a low-level antibiotic for a patient whose infection has reached critical levels. Unless the legal loopholes used by the Government to justify the evictions are settled by a comprehensive legislation, then the interventions the committee proposed are just a smokescreen.

Night and day

If the Bill on Land were already law, the legal options for those who lost their homes in the cruel evictions of Syokimau would have been as clear as night and day.

As for the Bill on Devolution, it is clear that the delay is tied to the yet to be resolved matter of additional constituencies that have to be created before the next General Election and an attempt to amend the Constitution and abolish the Senate.

Also included is the ongoing tussle between Treasury and the Ministry of Local Government over how to share devolved funds under the envisaged county governments.

They fear their kith and kin would lose jobs they secured through the cancer of tribalism and nepotism should counties take over many of the roles currently the preserve of the Treasury.

A section of MPs, who sadly see their mandate only through the prism of sectarian agendas, are thus holding country to ransom over their desire to ensure certain counties get the lion’s share of revenue to be allocated by the central government.

The just concluded National Dialogue and Reconciliation Review Conference in Nairobi revealed the gap between our elected leaders and voters.

Time and again, speaker after speaker rose to raise concern over the slow pace at which Parliament is passing enabling legislation meant to anchor the new Constitution and ensure a peaceful General Election in 2012.

Also raising alarm is the number of amendments the new laws have undergone one year since they became effective.

Uncertain future

Many feel the MPs have lost their moral compass and are steering the country towards uncertainty and possible chaos as we edge closer to the next elections.

In all likelihood, MPs will cast themselves as “saints” and vow to pass all the Bills in one sitting, without subjecting them to proper scrutiny, leaving the door open for further acrimony once amendments are sought for faulty legislation.

Act now on rampant fraud within banking industry

Published on 14/12/2011
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A disclosure by the police anti-fraud unit that some Sh27 million in cash was stolen from commercial banks in a delicate and well-executed plot undertaken by insiders, mostly bank employees themselves, does not reflect well on this industry.

What is even more worrying is what appears to be helplessness on the part of Central Bank of Kenya (CBK) to ensure that depositors’ cash is protected and this menace curbed. For instance, why has the CBK left recruitment of staff by individual banks a free fall affair, without it playing any oversight role? Why are commercial banks allowed to install Automated Teller Machines in locations that are not covered by surveillance and security cameras?

It is also a known fact that majority of cases involving suspected fraudulent activities cannot be prosecuted nor thoroughly investigated due to lack of personnel and financial muscle of the Banking Fraud Investigation Unit at CBK.

Matters have been made worse by the fact that most judicial officers are not well versed in the latest tactics used by fraudsters to fleece bank coffers.

While cases of fraud within the industry, especially those involving plastic money, cheques and electronic cash transfers are rampant, individual banks within the sector who have been hit are reluctant to share their experiences with the rest, making it difficult to profile the vice or even trace the modus operandi of syndicates involved.

Most banks do not report when hit by fraudsters, making it difficult for others to be on the lookout.

Even when staff implicated is dismissed, this information is never made public making it easy for those sacked to move their criminal activity next door.

Haven of thieves

At a time when more Kenyans are moving their cash from the pillow to the mobile handset, savings and credit societies and microfinance institutions, the last thing we need is a porous banking system that is basically a haven of thieves.

Apart from educating judicial officers on the intricate web involving thieves in the world of high finance, stiff penalties should be put in place to deter bank staff from getting involved in fraud.

This may include confiscation of property bought with stolen cash, blacklisting of bank staff involved in the vice and punitive custodial sentences for those brought before the court system.

Taming corporate criminal activities

Published on 06/12/2011
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By Pravin Bowry

The revelations of wrong doing relating to one of the oldest Companies in the country, Cooper Motor Corporation Ltd (CMC) raises interesting issues relating to corporate governance.

The alleged backdoor and boardroom manipulations, if true, must disclose criminal intent at the top-level management and the publicly quoted entity must answer not only to the shareholders but the country generally.

In a very old case, a judge had this to say on corporate criminal responsibility:

“Corporate bodies are more corrupt and profligate than individuals, because they have more power to do mischief, and are less amenable to disgrace or punishment. They neither feel shame, remorse, gratitude nor goodwill”.

History of corporate collapse in Kenya discloses that it is the public and innocent shareholders, depositors, and tax payers who lose their hard earned wealth whilst the culprits of criminal mismanagement go scot-free.

Remember Trust Bank, Trade Bank, Kenya Finance Corporation, Reliance Bank, Kenyatta National Hospital, NSSF, NHIF, Kenya Pipeline Company Uchumi Ltd?

No convictions have ever followed, and the attempts to bring to court the perpetuators of massive frauds have been feeble, disjointed and lacking in expertise.

It is a well known fact that expatriates are paid two salaries, one taxed locally, others couched in foreign exchange accounts in the tax haven areas such as the Jersey Islands.

Off the record

Additionally, in the matters of multi-million shilling procurement deals and contracts high level deals are cut by even the international companies in collusion not only with the governmental departments but the local agents and businessmen.

Banks are still running the “Black Book” accounts or the so-called “Chopri Accounts” where banks run parallel banking systems and pay exorbitant interest off the record.

The law enforcement agencies are not totally ignorant of the ongoing scams.

Tax agencies, in most cases, do not have the expertise or aptitude to pursue these notorious happenings or are overwhelmed by the nature of the scams.

Since 1989 we have had the Capital Markets Authority which is mandated by law to protect investors interests and to operate a compensation fund to protect investors from financial loss arising from the failure of licensed brokers or deals. CMA has hardly shown any muscle to protect citizens.

The “Enron” syndrome prevails all over the world. Managers of so-called prominent and influential companies commit fraud, and when the frauds are discovered they run and file winding up proceedings, hiding under what is termed as the corporate veil of incorporation.

The Enron saga entailed a US energy trading company that was embroiled in one of the biggest accounting frauds in history.

Enron’s executives employed accounting practices that falsely inflated the company’s revenue which made the company the seventh largest corporation in the US at the zenith of its corporate mismanagement.

Once the fraud was discovered, the company filed for Chapter 11 bankruptcy.

The gravity of the scam can be appreciated from the fact that shares in the company at one time traded at £85, but plummeted to £0.30 in the sell off after the fraud which ruined the lives of thousands. Executives received long jail terms and also paid shareholders from their personal assets.

Other huge scandals were uncovered later and companies such as WorldCom and Tyco International were uncovered.

The Executive, the Managers and the Board of Directors in Kenyan corporate circles have not been put under the microscopic eye of the investigative agencies and it is good to see that whistle blowers are opening the eyes of the investors.

Public domain

There is a good case for the law enforcement agencies to intervene and investigate companies such as CMC. What is in public domain is in reality only a tip of the iceberg. If authorities were to go on a retracing journey in the last few years, an amazing tale of corporate deceit may surface.

Statutory and regulatory schemes with their different enforcement and offence structures must begin to play their legal roles in the control of corporate crime and become an integral part of the Criminal Justice System.

—The writer is a lawyer.

bowryp@hotmail.com

Time to expand economic crimes bracket

Published on 16/11/2011
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The Kenya Anti-Corruption Commission (KACC) was established under the Anti-Corruption and Economic Crimes Act of 2003 as the lead anti-corruption agency. However, after its lackluster performance, a replacement has been panel-beaten into shape and is expected to do a “better job”.

But what constitutes an economic crime? How are these to be tackled? How effective has the exercise been?

Obviously, these are weighty matters and cannot be adequately covered in an editorial this size. However, a PricewaterhouseCoopers Economic Crime Survey report has deduced an overall increase of economic crime in Kenya, Africa and globally compared to survey results from 2007.”

It goes on to say: “Kenyan respondents identified accounting fraud as the most common economic crime, followed by asset misappropriation fraud and bribery and corruption.”

The staggering figures that banks report to have lost to insider jobs through the books attest to some of these. This translates to more expensive and ultimately unnecessary allocation of money to place security systems, making it more expensive for bank customers, as the cost is passed on to them.

City Hall reported two days ago that it loses Sh10 million every month to vandalism of equipment, especially steel-based ones to criminals who sell it to scrap metal dealers.

It translates into more money being allocated to policing these assets, meaning less resources are available for other ancillary services, hence the image of a capital city creaking under the weight of debt, uncollected garbage and unpaved roads network.

Where truckers conspire with port and weighbridge officials to falsify axle loads, millions of shillings end up in individuals’ pockets rather than the same revenue going into the common basket for the repair and upgrade of the highways that overloaded trucks destroy.

Clerks and financial officers who kite donor funds allocated to fighting malaria, diabetes, HIV and TB, leave us all a sicker nation and laughing stock in the face of generous givers.

Similarly, stealing money earmarked for schools ensures children are left in the cesspit of illiteracy and impacts negatively on the personnel pool the country so badly needs to attain the Millennium Development Goals and Vision 2030.

Clipping off fibre-optic cables criminally denies the country and the rest of East Africa a critical lifeline. To trade and be a worthy member of the community of nations, citizens need to communicate efficiently.

Commit blue murder

Different time zones mean the world is awake 24 hours and open for business. Vandals of fibre-optic cables are, therefore, the worst form of saboteurs for they literally deny the rest of the country the power of communication.

Errant Transport Licensing Board staff and undisciplined police officers who look the other way (in exchange for a little consideration) as motorists ply the highways in deathtraps commit blue murder, and the department that employs them is starved of the necessary tools to make the world a better place.

We have written extensively about Lands officers, surveyors and building contractors who hold human life with very scant regard. The less said here the better since the consequences of their acts of omission and/or commission are well documented.

Forest officers and highway patrol units that allow wanton destruction of forests and desecration of water catchment areas and wetlands are not doing future generations any favours. They are allowing illegal loggers and charcoal burners to loot their heritage with impunity.

But so were the judicial officers that ensured criminals remained untouchable through the practice of selective justice or rulings made in favour of the highest bidder.

Ongoing reforms and the stringent vetting of Judiciary heads promises to make this a thing of a long dead era.

From the foregoing examples, it appears that any activity that bleeds the economy and takes away from the collective basket constitutes an economic crime and should be punished accordingly.

Some legislation only recommends a mere slap on the wrist for some heinous crimes against the people of Kenya.

Is it, perhaps, time to invest in bigger and better prison facilities and higher prison walls, as well as revise extradition agreements and laws enforcing expropriation of ill-gotten property and surcharging the culprits? Just a thought.

Be serious about looted assets this time round

Published on 14/12/2011
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On Wednesday, we reported in this newspaper of a recent report, Bringing the Billions Back: How Africa Can End Illicit Capital Flight by Kristina Frˆberg. It showed that the accumulated illicit capital flight from Kenya hidden in over 40 tax havens around the globe is a whopping Sh566 billion (US$6.369) billion, as of last year.

“Ironically, this is almost the same amount required to clear Kenya’s total external debt, which, according to the World Bank amounted to Sh662 billion (US$7.44 billion) in 2008”.

The timing had to do with Attorney General Githu Muigai kick-starting a fresh initiative to try and recover public money carted away by well-connected persons in years past and stashed away abroad. Pardon us for being a little skeptic, Prof Muigai, but such pronouncement nine years since President Kibaki’s electoral triumph in 2002, is hardly confidence-inspiring.

This regime rode to power on the pledge to repatriate the stolen wealth. When the efforts by former Kenya Anti-Corruption Commission director Justice (rtd) Aaron Ringera floundered, his successor PLO Lumumba took up the battle cry.

And as Isaac Newton would say, there appeared so much smoke from spinning wheels, but no light was generated: No work done! The billions remain where the looters wanted them and they waited Lumumba out, with vulturine patience.

Drug dealing

Their patience paid off handsomely. All the concerns about organised crime, Anglo Leasing and Goldenberg multi-billion shilling scandals are gathering dust on some shelf. That is, perhaps, where Muigai found them.

Efforts to recover the money have been frustrated by lack of political commitment and adequate laws to get back treasure amassed through illegal money transactions, such as money laundering, counterfeiting, gambling, racketeering, fraud, tax evasion, drug dealing and manufacturing, trading in stolen goods, and prostitution.

Massive under-invoicing, unreported income, wages and salaries as well as assets from unreported work contribute to Kenya’s rising value of undeclared monetary resources in foreign bank accounts.

So, what hope is there that enactment of the Assets Recovery Agency, Mutual Legal Assistance Act and setting up a Legal Assistance Authority, will succeed in retrieving these assets?

Is this the enthusiasm commonly exhibited by new holders of office or are Kenyans being invited into the circus of musical chairs that successive technocrats have perfected into an artform?

Is the new collaboration between the Government and National Crime Research Centre a smoke signal that money allegedly looted from public coffers could be recovered? If, as the AG says, the Assets Recovery Agency will start working soon and proceeds, once recovered, would be deposited in a special account to assist the State Law office in offering legal assistance, free primary education, and healthcare provision, then we are almost on the same page.

Money makes the world go round and money is the one commodity that all those pillorying government through the streets are demanding. Doctors, teachers, civil servants, and farm workers have a common refrain: “Pay us more!”

And they are aware such monies are available, only they are lying in some bank vault or piece of real estate far away.

With the repatriation of such tidy sums, the clamour for more and better equipped hospitals, clean water sources, affordable fuel for domestic and industrial use, implementation of constitutional provisions, school equipment, physical infrastructure, and so on, will no longer be pipe dreams.

Publicity stunt

We have no intention of discouraging Prof Muigai from making hot pursuit of tax payer’s treasure. And there is no need to follow in the footsteps of the Tunisian hawker who opted for a fiery immolation.

No amount of dissent will guarantee asset recovery, only tenacity, water- and airtight legal framework, transparency when signing up to international conventions and ratification of treaties will guide Kenya’s boat through the stormy sea of global politics and guarantee that the public interest is served.

No doubt these monies would go a long way in paying off some of Kenya’s myriad developmental needs and foreign debt. If the new agency can accomplish what former disjointed efforts failed to do, then we are all for it. if it is a mere talkshop and publicity stunt, be ready for the backlash.

Teachers, Civil Servants and Uasu plot joint national strike

Updated 22 hr(s) 5 min(s) ago
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By Augustine Oduor

Cabinet freeze on salary increases in public sector until Salary Remuneration Commission is in place has infuriated teachers and they are threatening another when schools reopen.

The giant Kenya National Teachers Union, which has a membership of over 200,000 and is the backbone of education, demanded that all past agreements it signed with the Government since 1997 be honoured by January 1.

Knut Secretary General Okuta Osiany and other union officials during a press conference at Knut headquarters on Thursday[PHOTO: EVANS HABIL/STANDARD]

Also on the warpath is the Union of Kenya Civil Servants (UKCS) and the Universities Academic Staff Union, which is grumbling the Government has not met its part of the bargain after they called off the lecturers’ strike last month, and signed a return-to-work formula.

The union said the Government had put nothing on the table and the talks have collapsed.

Consequently, the three unions — Knut, Uasu and UKCS — have threatened a bleak January dominated by combined national strike. This comes also in the shadows of the planned strike by operators of public transport vehicles and commercial trucks.

Just having walked out of the horror of the doctors’ strike, which emptied hospitals of patients, paralysed treatment, and visited agony on many homes, Government would now have to face Knut’s fresh demand for Sh16 billion to be paid to about 31,000 retired teachers, who left service between 1997 and 2003.

The union similarly placed a fresh demand for salary increment for all teachers in the wake of the high cost of living, and completion of full implementation of teachers’ allowances as indicated in Legal Notice number 534.

The demand by Knut on salary revision, however, comes as Cabinet passed a decision to freeze all wage increases until the Salaries and Remuneration Commission is set up and is fully operational. The move has angered Knut, and the influential Kenya Civil Servants Union, and the doctors who called off a nationwide strike on Wednesday.

Knut Secretary General Okuta Osiany said a seven-day notice would be issued immediately schools re-open to force the Government to fulfill its pledges to teachers.

Osiany said teachers have learnt from the recent trends, that the Government has a strategy to stifle workers by denying them their rights even after negotiations.

“We are not going to treat the Government with kid-gloves anymore because they don’t seem to care about the plight of the workers even after they make pledges,” he added.

The statement comes as Universities Academic Staff Union top officials accused the Government of refusing to honour its pledge after they agreed to call of the strike last month.

The national chairman Sammy Kubasu said the salary negotiation have stalled a few weeks after they signed a return-to-work agreement.

“We have had three meetings, but the Government has failed to place anything on the table. This is dishonesty. We need a reliable Government,” he said.

Prof Kubasu said the union was shocked to learn that they were also affected by the Government ban on salary increments until the new commission is set up.

“We had a meeting with Higher Education minister Margaret Kamar and Labour minister John Munyes and that is what they told us. The talks have now collapsed,” he said.

Press on

On Thursday the unions said even if the Salary Remuneration Commission is constituted and the names approved by the President, they would still press on with their industrial action. This is because Knut and UKCS are opposed to the forwarding of the name of Isaiah Kubai to represent Cotu in the commission.

They claim he does not represent public sector trade unions.

If they make good their threat, this would mean that salaries revision would be dealt a major blow, as the setting up of the commission shall be delayed further.

Mr Osiany told a news conference on Thursday that the Government has up to three weeks to outline how teachers who retired between 1997 and 2003 would be paid in two phases without fail.

The retired teachers saga dates back to 1997, when teachers negotiated a salary increase where the lowest paid and highest paid teachers were to be rewarded a 200 per cent and 150 per cent rise.

According to Knut, the cash was to be paid in two phases and accused the line ministry of stretching the payment phases across five. Knut also said all the teacher allowances were negotiated and gazetted by the Government in 1997, must be increased and effected by January, next year.

“All the gazetted teachers’ allowances must also be paid fully by January when schools re-open,’’ Osiany threatened.

Part of the allowances teachers want increased and effected include hardship, house, medical, responsibility, and commuter and leave allowances.

Osiany said teachers have never been given any commuter allowances as other workers yet they are also under same Government. He said all the allowances were discussed and agreed to by the Government when it gazetted them in 1997.

“We want the Government to tell us if the Legal Notice was just a mere paper that could not be implemented to the letter,” he said.

He added: “Next year is a full implementation year. There will be no piecemeal deals,” he vowed.

In September, Knut rallied its members to stage a one-week strike demanding employment of some 28,000 teachers this year.

Lamu port

Uploaded by standardgroupkenya on Dec 15, 2011

A parliamentary committee has warned that it will blacklist a Japanese consulting firm over the Lamu port. Officials of the firm appearing before the house committee on transport, public works and housing refused to answer questions relating to a three billion shilling contract awarded to them. The officials cited confidentiality clauses between it and its client-the government of Kenya requesting for time to consult. The mps had sought to know how much the firm had been paid in a deal that has been termed suspect by mps. The mps kicked out the officials from the sitting indicating that the documents ought to be in the public domain.

Lamu port project gets green light

Uploaded by NTVKenya on Mar 29, 2010

http://www.ntv.co.ke
The ministry of fisheries has given a clean bill of health to the Lamu port project saying it will have minimal negative impact on the countrys marine environment. Assistant minister for fisheries Abu Chiaba further denies that the rights of the local community were neglected in acquiring the land on which the port will be constructed. A regional marine environment protection conference meeting at the UN headquarters in Nairobi wants environmental concerns to be fully addressed in construction of the countrys second port.

@TheBwanaali what? are the affects
blastking2006 5 months ago

sawa kabisa…they need? them..
kellyshekale 8 months ago

the project will only affect the local but no benefit at all, people should first look at the master plan then comment on it as I have seen it there is alot of denger? in this project from enviromental to safety issue, it so unfortunate to the one of the area Mp saying there will be alot of benefits. he should know the affects are more that the benefits
TheBwanaali 9 months ago

am sure majimbo calls will increase from the coastal idlers?
karuitha 1 year ago

As long as the project is viable, the? tendering process is transparent and the long term benefits are for the country rather than a tiny clique, then I am for it.
benadede 1 year ago

UNEP has to be proactive
these idiots will destroy pristine environment?
melionsden 1 year ago

UNEP should never talk on kenyas environment matters they should just keep ? on their lavish lifrestyles in gingiri, why lamu do they know Nairobi river ?
wanzueni 1 year ago

AN OPEN LETTER TO HON. KIONI

Before Independence all Kenyans were united with euphoria for two purposes:

1. The release of Jomo Kenyatta.

2..Attainment of Independence from the British.

Notwithstanding the fact that the Kikuyu members of Parliament never wanted Jomo Kenyatta released. This was the very beginning of the Kikuyu-Odinga bad blood for he did everything to have Jomo Kenyatta released. Check the pre-independence Hanzad.

At Independence the British saw that democracy in Kenya for all Kenyans would be best served by two legislative houses (Parliament and The Upper House, the Senanate). It is because of this that we had a Senate and Parliament provided by the Lancaster Constitutional Conference.

The Upper House, as it was called, provided checks and balances that curtailed both Parliament and the Executive from abusing power. Jomo Kenyatta immediately saw that this upper house was not going to be to his advantage and that of his community therefore without consulting Parliament or the Kenyan people, who to him were ”dudus kuma ya mama zao”, he scraped it.

Soon after the Senate was scrapped KANU was divided into KANU A [GEMA] and KANU B [ The Rest], the secret meetings and oathings were activated.

What followed was him addressing rallies in English then Kiswahili and finally in Agiguyu for fifteen long years and those who understood Agiguyu would burst out in sadistic laughter! Then unexplained assassinations. Then some Kenyan community ceased to be Luos but nyamu.

With the scrapping of the constitution the beautiful Kenya was divided into GEMA and the Rest. Jobs and land were selectively given to one community,Agiguyu became the official langauge in all government offices, Power was therefore effectively concentrated in the hands of one man, Jomo Kenyatta. He used the power to sieze Martin Shikuyu and Jean Marey Seroney from the grounds of Parliament and detained them without trial. The Upper House (Senate) died and so did Kenya with it. Is it a surprise that the beautiful people of Kenya turned on one another in a killing spree during the 2007/2008 presidential elections? Shame and yet we are Christians! Is this what Hon Kioni wants?

May be! May be! Who knows had we retained the Upper House to check on the excesses of Parliament and the Executive we might not have had assassinations, the PEV, nepotism, corruption and impunity. Is it not nauseating that some people have land the size of Nyanza Province and yet a minister is still trying her best to grab other people’s land to settle members of her community?

Why cannot we, dear Kenyans, Hon. Kioni included, go back tp the pre-Indelpenence Kenya when women of all tribes named their children Jomo only to drop the names when Kenyatta changed?

Does honourable Kioni want us to go back to assassinations, nepotism, impunity? Under President Mwai Kibaki where Kikuyus take all key jobs then we must not say it because we are going to be charged with hate speech as instructed by one Dr Alfred Mutua?

For God’s sake Hon. Kioni please think of the Kenyans who died or were maimed just to let us have the new constitution.

With bad laws, one house of Parliament and a zealous Presidency any crook could assassinate and let the blame go to the CEO. Think about it Hon. Kioni. The Senate will check excesses of the executive so that you and I will benefit.

Beware the Ides of March Hon. Kioni. When Detention without trial was being passed in Parliament Jaramogi Oginga Odinga warned the valliant supporter, Martin Shikuku ”Wuod Oyondi this thing will one day detain you!”. It later detained him. You have no vaccine that could protect you from the execeses of the executive and Parliament Hon Kioni. You may be enjoying the benefit that accompany power but there is no situation that is constantly permanent. May be the majority of Libyans are not cochroaches and flies as Mwamar Ghadaffi would have wanted us to believe.

Delay in privatising port bad for business

Published on 25/07/2011
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Frequent strikes by workers at the port of Mombasa, and involvement of politicians in such disputes are not only a nuisance, but might delay Kenya’s ambition to transform into a middle-income economy as projected in its Vision 2030 development blueprint.

Traffic through the port is viewed as an indicator of activity in the region’s economies.

Apart from Kenya, it handles cargo to and from Uganda, Burundi, Rwanda, South Sudan, the Democratic Republic of Congo and Somalia.

The sheer weight of this responsibility explains why the strike by workers at the port’s container terminal, which began last Friday, should be of concern to Kenya and other neighbouring countries.

The striking workers are demanding explanations on their terms of service on assumptions that someone is seeking to privatise the facility without their knowledge.

Port users are concerned over the recent developments at the facility. This is because the strike has severely affected operations and slowed down the movement of goods.

But this is not the first time workers at the port are resorting to industrial action to sort their grievances. The number of strikes witnessed at the port in recent years is legion.

It doesn’t help matters when some Coastal MPs place extraneous demands on the management to employ more locals.

Statistics that support claims of inefficiency and rot at the Mombasa port are compelling.

Last year, the port of Durban, South Africa handled 37 million tonnes of cargo with a workforce of 4,250 while the Mombasa Port did half the same job with 7,370 workers.

HIGH WAGE BILL

Currently, the port’s wage bill is around 66 per cent of its total revenue. The wage bill could balloon beyond this point if the facility’s management succumb to pressure from local politicians to employ more people. This kind of ratio is unhealthy for any kind of business.

We are not experts on port operations, but any amateur in a management class will tell you that multiple agencies in ports, as is the case in Mombasa right now, create nothing but confusion and inefficiency.

They have employed thousands of people who are duplicating each other’s jobs because in situations where workers are employed at the whims of politicians, it is difficult to define their scope of operation.

It has been reported in sections of the media that the port’s management was pushed into permanently employing part of the 3,128 workers on contract after negotiations with the Dock Workers Union.

It’s only proper that the port’s management should have and show human face and for this gesture, it deserves a pat on the back, but humanitarian reasons should not overshadow the original purposes for which the port was established.

The Port of Mombasa is Kenya’s gateway for imports of essential products like foodstuff, petroleum products and other raw materials.

Safeguard investments

Thus, for the country to become a regional economic powerhouse, improving efficiency at the port is critical.

In the medium term, oil exploration in Uganda and increasing economic activity in the now independent South Sudan will result in additional demand for capacity at Mombasa. The port’s management will not have time to plan any contingency or long-term plans if they are still entangled by workers’ strikes.

The ministry of Transport is certainly aware of the latest developments at the port and also about the worries of port users who do not want to endure inefficient port operations.

The ministry should not remain indecisive about the issue of privatisation of the port, but should act and safeguard the greater interest of the country and that of businesses that rely on the port.

Being the lifeline of the country’s economy, the Mombasa port deserves focused attention from both the Government and the people entrusted with its management.

This is the only way to ensure sanity and positively influence growth in the region.

East Africa is projected to achieve the highest growth, in the continent with more than six per cent on average in 2010/2011, compared to North and West Africa, which are expected to grow at around five per cent and Central Africa four per cent during the same period.

State shrugs off opposition, gives Lamu Port green light

Published on 27/07/2011
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By Steve Mkawale

The Government has finally given the construction of the Lamu Port a green light. The State also breathed new life into the Second Transport Corridor -which has been pending since it was first mooted 36 years ago – clearing it for construction.

The project, dubbed the ‘Lamu Port-South Sudan-Ethiopia (LAPSSET) Transport Corridor will cost the Government a whopping Sh1.8 trillion.

In what appeared to be a rushed decision, President Mwai Kibaki yesterday directed that the groundbreaking ceremony for the construction of the first berth of the Lamu Port be organised “soonest possible”.

“To expedite implementation of the this project, I direct all ministries with the role in the Lamu Port and the corridor projects to ensure their respective components are taken forward to the next level,” he said.

“Ground breaking for the construction of the first berth in Lamu should be arranged soonest possible,” the Head of State directed.

Kibaki further directed the Deputy Prime Minister and Minister for Finance Uhuru Kenyatta to mobilise resources and set aside funds to kick start construction of the first of the three berths.

“I look forward to commissioning the first ship docking at the Lamu Port next year,” said the President amid applause from Cabinet ministers, MPs and Government officials who attended the LAPSSET Project forum at Kenyatta International Conference Centre in Nairobi yesterday.

Feasibility studies

The project that would cost Sh1.87 trillion was first mooted in 1975, but took a back seat as Government officials’ engaged in boardroom talks and a number of feasibility studies.

It is the first project of its kind in Africa comprising seven major economic components; namely port, railway line, highway, crude oil pipeline, oil refinery, and airport. The project will see to the establishment of three resort cities in Lamu, Isiolo and in areas around Lake Turkana.

But the Government made it clear it would only fund the initial stages of the project, before engaging the Governments of South Sudan and Ethiopia for subsequent stages.

Once complete the transport corridor will address transport challenges facing the Northern and Eastern part of the country, besides serving South Sudan and Ethiopia. It will also stimulate new businesses and trade, agriculture, new settlements, employment and other socio-economic activities in the Northern and Eastern parts of the country.

Prime Minister Raila Odinga, who also attended the forum, challenged Lamu residents to embrace the project. He cited the tension in Lamu over the project, but reminded residents that the importance of the port supersedes that of individuals.