Category archives for: Kenya

Legislators Unite in Push to Block Salary Cut

By David Mwere

MPs were on Thursday united in their push to block the salaries commission from reducing their pay.

The lawmakers opposed the Salaries and Remuneration Commission decision to implement its report, which recommends a reduction of their pay and that of other State officials.

The MPs, speaking at the end of their induction in Nairobi, called for a return of their annual Sh5 million car grant, Sh5,000 allowance for every sitting and a comprehensive medical cover, which they want extended to those with more than one wife and children born out of wedlock.

Budalang’i MP Raphael Wanjala, a polygamist, was the first to raise the issue, arguing that the current MPs are poorly remunerated compared to those in the previous Houses.

MEDICAL COVER

He said it would be unfair to exclude other family members from the medical cover and other benefits.

“In the 10th Parliament, this House was covering our many wives and the children of these women and girlfriends. This cover must be brought back,” Mr Wanjala, who served as an MP for 10 years, said to the applause of his colleagues.

The report on the harmonisation of salaries, allowances and benefits of State officers approved by the SRC in its gazette notice of July 7, limits medical allowances of State and public officials to one spouse and four children below 25 years.

The report states that the children must be in local schools.

NEW SALARY SCHEME

In the new salary scheme, the lawmakers’ medical scheme provides Sh10 million inpatient cover per family, Sh300,000 for outpatient cover, Sh150,000 for maternity and Sh75,000 for dental care.

MPs Chris Wamalwa (Kiminini, Ford Kenya), Millie Odhiambo (Suba North, ODM) and Peter Kaluma (Homa Bay Town, ODM) supported Mr Wanjala’s proposal.

Dr Wamalwa urged his colleagues to “guard jealously” matters that touch on their welfare.

“Let the politics of Nasa and Jubilee not separate us. We were very vocal about this issue in the last Parliament and whatever had been gazetted was degazetted. The Executive will not be happy when they see us going to the bank smiling,” he said.

He said the SRC decision to slash their salaries was unconstitutional, as the commission did not carry out public participation.

“This is the time to ensure our Sh5 million car grant is back,” he said.

CAR LOAN

Previously, the salaries of members of the National Assembly and Senate stood at Sh710, 000 with a progression calculated annually.

However, the SRC removed the annual progression rate and instead fixed their salaries at Sh621,250.

The commission also removed the car grant and sitting allowance.

It, however, retained the Sh7 million car loan and committee allowances for members.

The commission also reduced the salaries of Speakers of the Senate and National Assembly from Sh1.3 million to Sh1.2 million, while that of the Deputy Speakers was slashed from Sh1.05 million to Sh924,000.

INFORMAL SITTING

Ms Odhiambo proposed that a kamukunji — an informal sitting of MPs chaired by the Speaker — be called to discuss the MPs’ welfare.

“Tyranny of numbers is good if you have them. Not even Uhuru and Raila will support our salaries to be increased. They are after the national interests. If we don’t have a forum for this issue, we will perish like fools. Remember over 200 MPs were voted out in the last elections,” said Ms Odhiambo.

Mr Kaluma faulted the current medical scheme, saying polygamy is permitted under the law and that it is unfair for one wife to benefit while others do not.

He said all lawful wives and children should be cared for.

State Approves Sh4.2 Billion for CHAN

The government on Thursday took the first step towards giving the necessary financial guarantees for Kenya to host 2018 Africa Nations Championship (Chan).

A Cabinet meeting chaired by President Uhuru Kenyatta on Thursday approved an allocation of Sh4.2 billion to cover the hosting of the 16-nation three week football tournament slated that starts on January 12.

“(This is) one in a growing list of events Kenya has bid for to showcase our nation’s talent and promoting tourism,” State House Spokesperson Manoah Esipisu said in a statement.

And Football Kenya Federation president, Nick Mwendwa, welcomed the development but did not say whether it would be enough to convince the Confederation of Africa Football of Kenya’s readiness to host the biannual event.

Caf’s top brass is concerned by Kenya’s slow preparation, and it is feared Caf could take the tournament to either Morocco or South Africa during its Executive Committee meeting in Ghana this weekend. “I will do a presentation to Caf this weekend and try and convince them we are at least ready politically,” Mwendwa said.

“This cash will be used to repair five stadiums and build 11 training grounds. We require an additional Sh6 to 7 billion for the operational budget including transport costs and other logistics.”

At the moment, none of the five venues earmarked to host the competition meet the minimum requirements set by Caf although government commissioned renovations are underway at the Kasarani and Nyayo stadium in Nairobi, Kipchoge Keino (Eldoret), Kinoru (Meru) and Kenyatta Stadium in Machakos.

Kenya

Duale to Seek MPs Approval of Sh11.5 Billion for Poll

Majority Leader in the National Assembly Aden Duale says he will be requesting MPs to approve the release of Sh11.5… Read more »

Matano Not Underrating Vihiga in Shield Semis

By Timothy Olobulu

Nairobi — AFC Leopards head coach Robert Matano has urged his charges to put in a performance worth their club’s stature on Sunday when they take on National Super League leaders Vihiga United in the semi-finals of the GOtv Shield in Nakuru.

However, the experienced tactician has warned his players not to take Vihiga lightly with the side having beaten defending champions Tusker FC 2-0 in the quarter finals and enjoying a good run of form in the second tier.

“We respect every team and we will handle Vihiga with the same seriousness we can handle a team from the KPL. We cannot afford to underrate anyone. They are in the semis because they are a good team,” Matano said.

“We are going there to win and get to the final; nothing else. We cannot talk much about the game, we will talk on the pitch on Sunday,” the confident tactician further added.

Matano came inches close to winning the GOtv Shield title last season while with Ulinzi Stars. He however, was unable to coach the team between September and November due to illness, but gathered strength to make it to the pitch during the final against Tusker where they lost 1-0.

“That is in the past and I cannot look back. Let us look at what is ahead of us now,” the tactician further said.

Ingwe are looking to add color to an otherwise underwhelming season that has seen them almost crumble to the level of fighting relegation with Matano, the club’s third coach this season just but managing to save the sinking ship.

Silverware in the GOtv Shield, a tournament they last won in 2013 would be a welcome gift to the AFC fraternity.

“Every coach wants to win trophies. I am a winner and it is not different with me. We will fight,” Matano added.

AFC’s 2-0 win over Thika United on Wednesday pushed them to 11th in the Kenyan Premier League standings, a sure boost of confidence as they prepare to take on Vihiga on Sunday. The win also pushed their bid for a top eight finish but Matano has asked for consistency.

“We are winning, playing well and that is good. We have to finish in the top eight and with nine games to go, we have to work harder. There are small things we need to work on but more so our consistency. We have to keep winning,” Matano added.

AFC Leopards are six points away from a top eight slot with nine games to go and the tactician has asked his players not to drop any more points along the road.

Kenya

Duale to Seek MPs Approval of Sh11.5 Billion for Poll

Majority Leader in the National Assembly Aden Duale says he will be requesting MPs to approve the release of Sh11.5… Read more »

Kenyatta Hints at Changes in Law to Tame Judges

Kenya’s President Uhuru Kenyatta on Thursday hinted at major constitutional changes targeting the Judiciary, deepening his attack on the courts in wake of a Supreme Court decision that nullified his August 8 victory.

The President made the remarks in a late afternoon live TV address – his second in a day – even as the electoral body Independent Electoral and Boundaries Commission (IEBC) announced it had moved the date of the repeat presidential poll from October 17 to 26.

Mr Kenyatta instructed Parliament to make necessary legal changes, signalling the Executive’s efforts to trim powers of the Judiciary just one day after the Supreme Court made public the grounds for its September 1 decision to annul the August 8 presidential poll.

“The judgment has a potential to throw us into judicial chaos,” Mr Kenyatta said. “I urge Parliament to act with speed to protect our country from ambiguities that may arise from that judgment.”

The Constitution

The country’s Constitution, however, demands that any changes that touch on the independence of the Judiciary must be taken through a referendum besides gaining a two-thirds majority support in Parliament.

On September 1, the court annulled by a majority of four judges against two Mr Kenyatta’s 1.4 million-vote win over his rival Raila Odinga.

Chief Justice David Maraga, his deputy Philomena Mwilu, Justice Isaac Lenaola and Justice Smokin Wanjala upheld Mr Odinga’s petition against Mr Kenyatta’s victory with Justices Jacton Ojwang’ and Njoki Ndung’u dissenting.

The court cited failure by the Independent Electoral and Boundaries Commission (IEBC) to, among other things, adhere to the law and regulation governing the recording and transmission of results.

The decision has opened both the Supreme Court and IEBC – the two crucial institutions in presidential polls – to attacks by government and opposition while casting a dark shadow over the repeat poll.

Mr Kenyatta’s lawyer, Ahmednasir Abdullahi, criticised the four judges “for lowering the standard of proof required in a presidential petition”, insisting they relied on clerical errors as opposed to fundamental mistakes or grave violation of electoral regulations to arrive at the decision.

Trimming Judiciary’s powers

The planned trimming of the Judiciary’s powers comes after a series of attacks on the Supreme Court by the President and his supporters.

Shortly before he addressed the nation, Mr Kenyatta renewed his attacks on Supreme Court judges, accusing them of violating the Constitution.

“This (judgment) is nothing short of a coup,” he told delegates from northern Kenya. “Kenya managed to escape military coups that has afflicted many African states in the last 50 years, but now we hold a record because ours has been executed by just four people sitting in the Supreme Court,” he said, insisting that the judgment had usurped the will of 45 million Kenyans because the petitioner neither disputed the number of votes cast nor contested his vote count.

“We have reversed everything in this country by the decision of a few people. I don’t know how history will judge these gentlemen. The citizen has been told he does not have a voice … If that is not dictatorship, then I don’t know what to say,” said Mr Kenyatta.

The Supreme Court on September 1 ordered the IEBC to conduct fresh elections in 60 days.

On Thursday, IEBC dropped its earlier October 17 date and settled for October 26 for the poll re-run.

Opposition leader Mr Odinga and his supporters maintain that they will not participate in polls organised by the IEBC as presently constituted.

Mr Kenyatta however says the repeat polls must be conducted as planned as cabinet has approved the supplementary budget for the purpose.

Business Daily

Kenyatta to Maraga – Please Explain Your Decision on Poll

By Kennedy Kimanthi

President Kenyatta now wants the Supreme Court to explain how it arrived at its decision to quash his re-election.

Mr Kenyatta on Thursday said the reasons given by the four judges who, in a majority decision, nullified August 8 presidential poll were “unsatisfactory”.

EVIDENCE

Addressing the nation from State House Nairobi, Mr Kenyatta said the apex court failed to consider evidence that was presented his lawyers and those representing the Independent Electoral and Boundaries Commission.

The president seemed to tap the opinion of Justice Njoki Ndung’u, who, in her dissenting decision, accused her colleagues of failing to evaluate the voluminous forms and other evidence presented by lawyers.

Judge Ndung’u said while mistakes might have marred the August poll, they could not warrant nullification of the election.

Mr Kenyatta maintained his and Jubilee Party’s claim that the will of the people was subverted by the judges.

‘COUP’

Mr Kenyatta on Thursday morning termed the judgement issued on Wednesday as judicial “coup”.

However, the the Head of State said while he disagrees with the judges’ decision, he would respect it.

He directed Parliament to address any ambiguities in law that may have arisen from judgment.

Kenya

Duale to Seek MPs Approval of Sh11.5 Billion for Poll

Majority Leader in the National Assembly Aden Duale says he will be requesting MPs to approve the release of Sh11.5… Read more »

Kenya, China Sign Pact on Eliminating Double Taxation

By Margaret Njugunah

Nairobi — The governments of Kenya and China have signed an agreement on the elimination of double taxation with respect to taxes on income and prevention of tax evasion.

Treasury Principal Secretary Kamau Thugge says the agreement will create certainty to taxpayers on the taxation of various cross-border incomes derived from either country.

“The elimination will also help in ensuring that there is no tax avoidance and evasion through tax planning as we seek to eliminate double taxation,” Thugge said.

“Additionally, it will foster deeper relations between tax administrations of the two countries through capacity building and exchange programmes to ensure that we transfer skills on taxation matters, including customs matters.”

Treasury Cabinet Secretary Henry Rotich echoed Thugge’s sentiments saying the move would make Kenya more attractive in the eyes of investors.

“With this, we have a base to attract investors from China to come in. With the rising cost of living in China, we expect relocations by investors who will be seeking places to establish their businesses,” Rotich said.

China is currently the leading source of Kenya’s imports that stood at Sh337.4 billion in 2016 against Kenya’s exports of Sh10 billion.

It is also Kenya’s leading bilateral donor at Sh646.6 billion and a loan portfolio of Exim Bank and other financial institutions of Sh620.9 billion.

The funds have largely been used to fund infrastructure development such the construction of the Standard Gauge Railway (SGR), which was constructed by Chinese firms.

Kenya

Duale to Seek MPs Approval of Sh11.5 Billion for Poll

Majority Leader in the National Assembly Aden Duale says he will be requesting MPs to approve the release of Sh11.5… Read more »

Former KPA Boss Ordered to Pay State Sh74 Million

By Philip Muyanga

The Ethics and Anti-Corruption Commission (EACC) has scored a major victory in its fight against corruption after former Kenya Ports Authority Managing Director James Mulewa was ordered to pay Sh74.6 million for unexplained assets.

Justice Eric Ogola ordered Mr Mulewa to pay the government Sh63.6 million being cumulative bank deposits he made between August 31, 2008 and May 20, 2010.

The judge further directed Mr Mulewa to pay the government Sh11 million being the value of a vacant parcel of land in Nyali, Mombasa and a four bedroom maisonette at Bandari villas.

“Being that these assets (the plot and maisonette) are unexplained, the value should be paid to the Government of Kenya as required by Section 55 (6) of the Anti-Corruption and Economic Crimes Act,” said Justice Ogola.

INCOME

The judge ruled that it was evident that Mr Mulewa was afforded a reasonable opportunity to explain the disparity between the assets and his legitimate sources of income as required by the Anti-Corruption and Economic Crimes Act.

Through lawyer Philip Kagucia, EACC argued that upon completion of its investigations, it found that Mr Mulewa had unexplained assets and consequently issued as statutory notice requiring him to explain how he acquired them.

EACC further argued that the response by former KPA boss was not satisfactory hence it instituted the proceedings.

Mr Kagucia told the court that EACC had established that Mr Mulewa had unexplained assets and there was no evidence in court that they were not acquired through corruption.

He further told the court that Mr Mulewa had denied allegations against him but had not provided any evidence to support his claim that he legitimately acquired the assets.

SON

The court heard that the MD used to earn Sh1, 050,000 per month.

The anti-corruption agency had also claimed that during the period, Mr Mulewa acquired the properties in his name and that of his son.

Mr Kagucia told the court that it was irrelevant that Mr Mulewa was acquitted of corruption charges.

The former MD did not dispute that he owned various bank accounts but argued that some of them were operated for his own use while others for the benefit of others in his capacity as the administrator of his late father’s estate.

Mr Mulewa also claimed that during the period in question apart from being a KPA employee, he was involved in the real estate business where he acquired some of the properties from as early as 1984.

The former MD also told the court that his wife operates several business stalls at Kongowea market and a guest house and that he is the beneficiary of his late father’s estate which includes a ranch.

He also claimed that the daily deposits made to his accounts were proceeds from the sale of cattle at his family ranch in Kilifi County.

Kenya

Duale to Seek MPs Approval of Sh11.5 Billion for Poll

Majority Leader in the National Assembly Aden Duale says he will be requesting MPs to approve the release of Sh11.5… Read more »

Akothee Lectures Diamond’s Latest Baby Mama

Photo: Diamond Platinumz/Instagram

Diamond and Zari.

By Naira Habib

Singer Akothee has lectured Tanzanian model Hamisa Mobetto for publicly revealing pictures and videos of her intimate moments with singer Diamond Platinumz, terming it as foolish

In a lengthy Facebook post the singer accused Hamisa of having malicious intentions of hurting Diamond’s family.

“But why would I take photos of someone I have just stolen for a sex moment if am not a malicious person, I think I can forgive my baby if he is caught in this scenario, why are girls not intelligent,” Akothee wrote.

Akothee also schooled the Tanzanian model on why she should have maintained her silence while eating her piece of the pie.

FREE ADVICE

“If you succeeded & amp; convinced him to bed, then trust me, you can still manipulate his finances without interfering with his family if you have some brains, so you be his Panadol when his main chick is on fire, mbona hamjui kula na vipofu nyie, mbona mashot cut za kijinga ?” she posed.

The Uko Moyoni hit maker also offered her free advice to such kind of women to think beyond only satisfying a man in the bedroom, for that does not last forever.

Game yenu iko chini kama kiatu , a man won’t be horny forever, and sex won’t keep a man, its beyond bed haloooo. Goodnight take evidence of sex, who doesn’t know what happens when opposite sex are in bed? What are you keeping evidence for? How is hurting his family satisfying your malicious behavior, it shows clearly you don’t even love or want this man , you want this family broken and that’s your mission.”

More on This

Zari Hints At Split From Diamond in Cryptic Message

Despite Diamond Platnumz saying that he is prepared to pay the highest price to ensure that he does not lose Zari Hassan… Read more »

IEBC Changes Date for Repeat Poll

By Walter Menya

The fresh presidential election ordered by the Supreme Court will now be held on October 26, just five days to the 60 days allowed by the Constitution.

In a brief statement, Independent Electoral and Boundaries Commission (IEBC) chairman Wafula Chebukati announced that the decision was taken to ensure the agency is adequately prepared in light of the court’s full judgment delivered on Wednesday.

“There is no doubt that the judgment impacts on the election operations and in particular the technology to be deployed,” said Mr Chebukati.

“To ensure the commission is fully prepared to deliver an election that meets the standards set out by the Supreme Court, we wish to notify the public and all stakeholders that the fresh presidential election shall now be held on Thursday, October 26, 2017,” he said.

The IEBC moved the poll date from October 17.

PREPAREDNESS

Mr Chebukati announced that the IEBC will issue more details today on the commission’s state of preparedness.

The Cabinet on Thursday approved a Sh10 billion budget to facilitate preparations for the repeat presidential poll.

“This allocation was based on a proposed budget submitted by the electoral agency, IEBC,” says a statement from State House Spokesman Manoah Esipisu.

The IEBC had sought Sh12.2 billion for the election, following the nullification of President Uhuru Kenyatta’s victory by the Supreme Court.

In its ruling on a petition filed by National Super Alliance (Nasa) flagbearer Raila Odinga, the court held that the election was not free and fair. It blamed the polls agency for the irregularities.

National Assembly Majority Leader Aden Duale said the budget will be given priority.

“We will process it as fast as we can since we do not want to delay preparations for the election,” he said.

VERDICT

According to Mr Chebukati, the IEBC will continue to review the detailed Supreme Court verdict to understand its implications on the fresh poll.

In the majority judgment, Chief Justice David Maraga, Deputy Chief Justice Philomena Mwilu, Justice Smokin Wanjala and Justice Isaac Lenaola held that the presidential election held on August 8 “was not conducted in accordance with the Constitution and the applicable law, rendering the declared result invalid, null and void”.

They also held that there were substantial irregularities and illegalities in the presidential election that affected the integrity of the poll, “the results notwithstanding”.

FRESH POLL

However, Judges Jackton Ojwang’ and Njoki Ndung’u penned separate dissenting judgments.

The change of the election date to October 26 could be seen as a psychological win for Nasa, which had insisted that the fresh poll should not be held on October 17 as earlier announced by the IEBC.

The coalition wanted the date to be selected through consultations. Besides the election date, the Opposition has also published what it calls irreducible minimums that consist of reforms that must be undertaken before the fresh election. These include staff changes at the IEBC and identification of a new printer for the ballot papers.

Supreme Court Ruling a Set Back to Democratic Ideals, Says President Kenyatta

press release

President Uhuru Kenyatta has said the Supreme Court ruling nullifying the August 8Presidential election sets back the democratic ideals for which Kenyans fought over many years.

He said the ruling by the Supreme Court was inconsistent with the spirit of the constitution which Kenyans passed in 2010. He said that when Kenyans passed the new constitution, they wished their will to prevail, and not that of a few individuals.

The President, accompanied by the Deputy President William Ruto, was addressing a delegation of leaders of pastoral communities from eight counties: Garissa, Isiolo, Kajiado, Marsabit, Mandera, Narok, Samburu, and Wajir.

“What happened is a judicial coup,” President Kenyatta said. “We have a constitution which has placed the interests of wananchi far above those of individuals; we have a constitution which has curtailed the powers of the Presidency, so that the will and wishes of the citizens would be respected,” said the President.

The President said it was unfortunate that in a democratic country, which had long encouraged respect of citizens’ rights, a few individuals could overturn the will of Kenyans, clearly expressed in their vote.

“In a democratic and free nation, where citizens’ rights are to be respected, we are now being told their will doesn’t matter; … wananchi who thought that the constitution guarantees their sovereign will are being told it doesn’t matter; it’s only few individuals who can decide for the 45 million people who their leaders can be,” said the President.

The President pointed out that the new constitution was expected to entrench democratic ideals, where the will of the majority would be respected, and where resources would be devolved to improve the lives of all Kenyans.

The President said the new constitution aimed to ensure that no one was powerful enough to silence anyone who wished to express themselves freely. He faulted the Supreme Court ruling, saying it amounted to a judicial coup, in which a few individuals had overturned the will of the majority.

“As Kenyans, we have witnessed what has never happened in any democratic country in the world. We thought we were instilling democracy as a result of our new constitution; we were entrenching devolution to ensure equity in the disbursement of national resources so that no Kenyan is left behind,” said the President.

The President singled out Germany, whose Supreme Court has ordered that its election be conducted manually so that the will of its people is accurately reflected.

He said that if Germany, which is a more advanced democracy than Kenya, could conduct its election manually, there was no reason for Kenya’s Supreme Court not to recount the ballots, instead of overturning the will of Kenyans on technological processes and formalities.

“If then there was a problem, then let them also cancel election[s] of other candidates,” said the President.

“They refused to check on the source document which would have shown the truth. The source document was the ballot paper”, he continued.

President Kenyatta assured Kenyans that the country was intact, and that the government was working; he insisted that he looked forward to the repeat election whose date has been announced by the IEBC.

The President urged the pastoralist communities to ensure they came out in large numbers to exercise their democratic right during the repeat election.

“We need to show them nobody can override the will of the people; we will not do it through violence but … by casting votes on the date to be announced by IEBC,” said the President.

Deputy President said the ruling, which was read yesterday, left Kenyans with more questions than answers, as the judges who had all the documents did not go through them to check the facts.

“The court said yesterday they had no problem with numbers: you won fair and square. If numbers had no problem, even these forms which were said [to have] had no serial, signature and rubber stamp were okay, then why annul the Presidential election?” asked the Deputy President.

The Deputy President added that to claim that a voter’s decision had to be qualified by the Judiciary before it counted was to give way to judicial tyranny.

Aden Duale, leader of the Jubilee majority in Parliament, maintained that the ruling was laced with misguided politics: the opposition, he said, had misled themselves and the country by forgetting that the President’s term continued until another was sworn in.

“Article 142 (1) says the President shall hold office for a term beginning on the date on which the President was sworn in, and ending when the person next elected President in accordance with article 136 (2) (a) is sworn in” said the leader of Majority.

Other speakers included Narok Governor Samuel Ole Tunai, Isiolo Senator Fatuma Dulo, Eldas Mp Adan Keynan, and Samburu Women Rep Maison Leshomo who assured the President of their support.

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