Archive for 2013

Salaries and Remuneration Commission Press Statement on The Remuneration and Benefits for State Officers

Salaries and Remuneration Commission
 
Press Statement
 
The Remuneration and Benefits for State Officers

In promulgating the Constitution, Kenyans made a bold statement on how they wanted their country to be governed. They wanted a system of governance that would entrench transparency and accountability and ensure a realization of basic human rights that addresses existing inequalities in distribution of wealth and resources.

As an independent Commission, SRC was established by the Constitution of Kenya by the people in order to secure the observance by all State organs of democratic values and principles as enshrined in Article 249. 

This places a huge task to the Commission which must perform a social-political and fiscal balancing act in its bid to manage the public service wage bill. To do so effectively, the Commission must receive and consider the input of numerous stakeholders.



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Justice Rawal Kalpana, Deputy Chief Justice Nominee to be Vetted on Friday 24th May, 2013

Republic of Kenya

The Kenya National Assembly
 
Notification on Vetting of the Person Nominated for Appointment as Deputy Chief Justice

Article 166(1) (a) as read with section (24) (2) of the sixth Schedule of the Constitution provides that ‘The Deputy Chief Justice shall be appointed by the president with the approval of the National Assembly

Pursuant to provision of Article 118 (1) (a) (b) and (2) of the constitution; and Standing Order 198 which allow the public access to Committee sittings; and in line with Section 6 (4) of the Public Appointments (Parliamentary Approval) Act (No.33 Of 2011); which provides for the Committee to notify the public of the time and place for holding an approval hearing at least seven days prior to the hearing: The general public is hereby notified that the Departmental Committee on Justice and Legal Affairs shall conduct the vetting of Hon. Lady Justice Rawal Kalpana Hasmukhray, who has been nominated to serve in the position of Deputy Chief Justice, on Friday 24th May, 2013, in the Committee Room, 2nd floor, Continental House, Parliament Buildings, at 2:30pm.




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Francis Kimemia, Secretary to the Cabinet Nominee to be Vetted by Parliarment on Friday 24th May 2013

Republic of Kenya
 
Kenya National Assembly
 
Notification on Vetting of the Person Nominated for Appointment as Secretary to the Cabinet
 
Article 154(2)(a) of the Constitution provides that “The Secretary to the Cabinet shall be nominated and, with the approval of the National Assembly, appointed by the President”.
 
Pursuant to provisions of Article 118 (1)(a)(b) and (2) of the Constitution; and Standing order 198 which allow the public access to Committee sittings; and in line with Section 6(4) of the Public Appointments (Parliamentary Approval) Act (No.33 0f 2011); which provides for the Committee to notify the public of the time and place for holding an approval hearing at least seven days prior to the hearing:
 



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National Land Commission Declares Kisite and Mpunguti Marine Parks, Kwale County Private Developers Titles Illegal

Public Notice

National Land Commission Act

The Commission, in accordance with Section 14(1) of the National Land Commission Act, has commenced investigations into grant of titles to private developers on Kisite and Mpunguti Marine Parks, Kwale County.
Following examination of records in its possession and site visits, the preliminary findings of the Commission are that these grants were obtained in an illegal and irregular manner.



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Kidero promises to work with Jubilee Government

Nairobi Governor Evans Kidero yesterday promised to closely work with the Central Government for better delivery of services to Kenyans. 

Speaking in his office at City Hall, Mr Kidero said he is prepared and anxious to co-operate with Jubilee’s central administration despite being popularly elected on the opposition’s Coalition for Reform and Democracy (CORD) ticket. 

“The time of politicking is over. We are now here to deliver services to Kenyans,” said the governor of the country’s biggest county.



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Is it time to call Makau Mutua's crystal ball to account?

Professor Makau Mutua is a Dean and SUNY Distinguished Professor at SUNY Buffalo Law School and Chair of the Kenya Human Rights Commission (KHRC). He also pens Sunday Nation article which mainly revolves around the politics of the day.

I have always found Makau Mutua's articles and twitter outbursts wanting and falling short of the level of analysis expected from a person who has attained the academic level of a professor of law. His articles are often uninformative offering no new information, offers no intellectual analysis, limited entertainment value and his opinion tends to be misleading for a nationwide read newspaper. A good example is this week's article on Deputy President Ruto's perceived stalking of President Uhuru. Compare that to other articles by the likes of Dr Mukhisa Kituyi or Muriithi Mutiga or the other opinion writers. 




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Next Technologies Clarification on Results Transmission System System used by IEBC

We wish to clarify that the Result Transmission System (RTS) that is currently in use by IEBC for the 2013 General elections has not been provided by Next Technologies as alleged by the Daily Nation at Page 6 of its edition of March 6th 2013 .

The Results Transmission systems that is developed by Next Technologies was used by the IEBC in the the 2010 referendum and all by-elections held thereafter. 

The last such by elections to use the Results Transmission Systems provided by Next Technologies were the by elections held for Kangema Constituency, Ndhiwa Constituency and Kajiado Constituency. These by elections were held in September 2012.




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IEBC Press Statement on the March 4th General Election

Independent Electoral and Boundaries Commission (IEBC)

PRESS STATEMENT ON THE MARCH 4TH GENERAL ELECTION


The Independent Electoral and Boundaries Commission (IEBC) wishes to inform the voters and the general public to note the following with regard to the March 4th 2013 General Elections:-

Opening and closing of the Polling Stations
 
Station will open at 6am and close at 5pm. However, if there are voters still on the queue at 5pm, voting time will be extended until such a time that all eligible voters have voted. If for whatever reason the opening of a station is delayed or voting interrupted, the Presiding Officer shall ensure the lost time is fully recovered by commensurately extending the voting period.
 
Voting Station
 
You will vote at the polling station where you registered as a voter. The name of the station is indicated in your acknowledgement slip issued during registration.
 
Identification Documents
 
You will require your ORIGINAL National ID or valid Passport i.e. whichever you used to register. Please note that Police Abstracts and photocopies are NOT acceptable documents.

Identification Procedure
 
To confirm that you are a genuine registered voter, the following will be required/undertaken:
  • Personal identification documents: National ID or Passport
  • Reading of your fingerprints using the Electronic Voter Identification Device (EVID)
  • Physical check for your name in the Principal Register of Voters
Things to Avoid During the Election Day:-
 
The following are key election offences that are punishable by law
  • Campaigns: Official campaign ended on Saturday 2nd March, 2013 at 6pm. Candidates and their supporters are warned its an election offence to campaign by directly soliciting for votes or by distributing or displaying campaign materials including branded vehicles, attires or give-aways thereafter.
  • Buying or selling personal identification documents. It is an offense to buy or offer to buy, sell or offer to sell a National ID or Passport for whatever reasons including denying the seller or buyer the right to vote in an election.
  • Stealing Identification Documents: It is a electoral offence to steal or illegally possess another person’s National ID, Passport or any other identification documents.
  • Possessing or Purporting to Possess election material without authority: It is an offence to possess or pretend to possess without lawful authority a Register of Voters, ballot papers or any other election material.
  • Destroying election material: Voters must refrain from destroying posters, ballot papers, ballot boxes, poll booths and any other material intended for use during elections.
  • Intimidating Voters: it is an offence to intimidate or attempt to intimidate voters to vote or not to vote for any candidate or party.
  • Disrupting the electoral process: Interrupting the normal flow of voting, counting or tallying of election results is an offence.
  • Attempting to vote more than once: It is an offence to vote or attempt to vote more than once.
Number of Ballot Papers Issued and Received
 
Every voter will be issued with six ballot papers for the following positions: President, Member of National Assembly, Senator, Governor, County Woman Representative to the National Assembly and the County Assembly Ward Representative.
 
Counting of Votes
 
Counting of ballot papers shall commence at the polling station immediately after the close of the voting period. The Presiding Officer, in the presence of the party and independent candidates’ agents, shall proceed to count and transmit results in the following manner:
  • Presidential
  • Member of the National Assembly
  • County Assembly Ward Representative
  • Senator
  • County Women Representative
  • Governor
The results will be transmitted using a mobile phone-based software and received as follows:


In order to promote transparency and public participation in elections, the IEBC will provide giant screens at the constituency and county tallying centers for the public to follow the inflow of results for various elective positions.
 
The public is encouraged to turnout in large numbers to vote and to maintain peace throughout the election period.

AHMED ISSACK HASSAN, EBS
CHAIRPERSON
INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION (IEBC)



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2012 KCSE Examination Results Release on March 1st 2013

KNEC ANNOUNCES THE RELEASE OF 2012 KCSE EXAMINATION RESULTS


This is to inform candidates, parents/guardians, stakeholders and the general public that the 2012 KCSE examination results for the 436,349 candidates who sat this examination will be released on Friday 1st March 2013 by KNEC and the Minister for Education Hon. Mutula Kilonzo. 

Examination results for the 42,457 candidates who sat the 2012 November Series Business and Technical examinations will also be released on the same day. 

The exercise will be held at Mitihani House Calendonia off Denis Pritt Road starting at 9.00 a.m. In preparation for this, candidates, principals and parents/guardians are advised as follows:

1.0 After the release, candidates are advised to collect their examination results from the respective examination centres where they registered for the examination.

The examination results can be received by sending the candidate’s index number through a short text message (sms) to 5052 immediately after release.

2.0 Upon receipt of their examination results, the candidates, principals and parents/guardians are advised to thoroughly scrutinize their results for correctness and ensure accuracy of the following:

2.1 candidates’ particulars i.e. names, index number and gender;

2.2 school name and code; and

2.3 individual subject grades.

3.0 Any discrepancy noted should be communicated to KNEC as a query within one month (30 days) of release of the examination results. This includes appeals for remarking.

4.0 Candidates who have their examination results withheld will receive a letter through their head teacher explaining why the examination results have been withheld. Such candidates must submit the required documents through their respective schools and NOT directly to the Council, by Monday 1st April 2013.

5.0 Candidates who were involved in any form of examination irregularity will have their examination results cancelled and they will be advised in writing through their respective head of schools on release of the examination results. Principals are expected to inform candidates, whose results have been cancelled and parents/ guardians are asked to get this information from the principals instead of travelling all the way to the Council. The Council wishes to advice that cancelled results are never re-marked.

6.0 Through this notice, Directors from the Ministry of Education as well as National representatives from the following relevant stakeholders based in Nairobi are also invited:

6.1 Kenya Private Schools Association (KEPSA)

6.2 Kenya Secondary School Heads Association (KESSHA)

6.3 Kenya Union of Post Primary Education Teachers (KUPPET)

6.4 Kenya National Union of Teachers (KNUT)

6.5 Kenya National Parents and Teachers Association (KENPTA)

6.6 Kenya Union of Special Needs Teachers (KUSNET

6.7 Kenya Association of Technical Teacher Institutes (KATTI).

COUNCIL SECRETARY/CHIEF EXECUTIVE OFFICER



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Miguna Miguna statement on accusations that he assaulted his house girl

A statement by MIGUNA MIGUNA on February 18, 2013

Let me at the very outset say that by the grace of God / Allah / Nyasaye I am free, alive and healthy – and at my home in Nairobi. In fact, I have not left my house the whole day today.

I understand that there are despicable false rumours being circulated and disseminated by Raila Odinga and his agents that I have been arrested and is in police detention. I consider these rumours to be the height of desperation of a man who knows that his campaign has reached a dead end. Fortunately for Kenyans, rumours and propaganda – which is what Odinga excels in – don’t vote and will not vote on March 4, 2013.

I would like to disclose to the public that at about 6:30am today, my nephew who lives with me informed me that our house help confessed to him last night as they were watching my K24 TV live interview that Mr Odinga's agents, who used to be my bodyguards – Odhiambo and Anyul – offered her Sh1 million and gave her poison to put in my food this week. They also offered to give her gargets to tape all my telephone conversations, my conversations with third parties who visit me at home and to report to them details of my movements. My nephew reported to me that the house help stated that she was considering these offers in view of my “attacks on the Prime Minister.” Apparently, she claimed that I was responsible for the wave of rebellion against the PM in Luo Nyanza.

At about 7:10am, I terminated the house help’s employment in writing and paid her the monthly salary of Sh10,000 even though her pay is not due up to the end of February this year. She signed the termination letter voluntarily. There was no physical contact between me or my nephew and her.

Interestingly, as she was signing the termination letter and pocketing the money, both Odhiambo, Anyul and high ranking officials from the Office of the Prime Minister were busy calling her mobile telephone. I then decided to detain the two mobile phones so that the police could investigate this serious matter thoroughly.
When I asked the house help to put her things in a vehicle so that my nephew, who was present throughout, could drop her at the bus stop, the lady refused. Instead of allowing my nephew to give her a free ride, she walked away and left the compound. I have been informed that she was seen entering the home of a senior ODM cabinet minister who is my neighbour and the boss to one of the agents who have recruited her. I felt that was quite bizarre and telephoned my area OCPD, who responded within one hour, accompanied by the DCIO.

As I was giving my report and statement to the police at my house concerning the latest plot to kill me, the press started calling and texting, claiming that I was under arrest at the Runda Police station. Of course, I wasn’t. I was at home – and I am still at home.

Interestingly, I am told that the house help arrived with two junior police officers and the press in tow at my gate as I finished my statement at about 11:30am. However, when invited inside, she boarded a motor-cycle, which she had come with, panicked and left. Reports reaching me indicate that she went straight to the Office of the Prime Minister’s Building and is apparently sequestered there, perhaps being debfried on the next malicious and mischievous plot.

Meanwhile, the house help’s mobile phone kept ringing off the hook, with some of the numbers being traced to ODM cabinet ministers and senior OPM officials!

Unfortunately, the assassins and plotters panicked and started putting pressure on the Police, demanding that I should be arrested and locked away.

Your guess is as good as mine on why Raila Odinga and his thugs want to kill me – and when their plot seems to have failed – are now abusing their power and demanding hat I be locked away. He has also sent out his media hounds and social media goons to besmirch my name, character and reputation.

They will not succeed!

At about 1:20pm today, I welcomed about ten journalists who were camping outside my gate into the compound and addressed them stating the same things contained herein. I could see how disappointed some of them were that I was alone, at home, and addressing them in a relaxed and categorical manner.

Let me conclude with two things. First, Raila Odinga will not win the scheduled elections on lies, propaganda or nefarious plots against his opponents, critics or perceived enemies. And secondly, I am not afraid of Raila Odinga. As I said before, I am ready to face him head-on. It’s unfortunate that he has reduced himself to a pathetic criminal. It’s up to him. I will, however, continue to expose him and to fight him with the only weapon at my disposal: THE TRUTH!

Elections come and go. These ones won’t be different. But Raila Odinga must know that Kenyans are going to retire him on March 4th, 2013. He can choose to fight me and the books I’ve published through criminal goons or he could choose to address – directly – each and every factual claim in them. Te choice is his!

Finally, I wish to reiterate that my life is in serious danger. I am asking the police to provide me with twenty-four-hour security.

Thank you.

MIGUNA MIGUNA



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Important Information on Loans Offered by the Higher Education Loans Board (HELB)

IMPORTANT INFORMATION ON LOANS OFFERED BY THE HIGHER EDUCATION LOANS BOARD

I. The Higher Education Loans Board (HELB) was established in 1995 under the Higher Education Loans Board Act CAP 213A of the Laws of Kenya
 
II. The Board is mandated by the Act to manage a fund for granting loans to students pursuing higher education in institutions recognized by the Commission for University Education (CUE).
 
III. Section six of the Act details the functions that the Board is legally bound to carry out. These include disbursement and Recovery of loans, sourcing of funds, among other
 
IV. The Board awards loans to both undergraduate and postgraduate students. For undergraduate, the Board offers two types of loans to students in public and private universities as follows:
 
(a) Loans for direct entry students; These are students joining public or private universities within the East African Community directly from high school either through the Joint Admission Board (JAB) or are self sponsored. This category of loans attracts interest at 4%p.a. The loans range from a minimum of Kshs 35,000 to Kshs. 60,000.00. Upon completion of studies the Board expects the beneficiary to repay the loan.
 
(b) Continuing Education Students; these are students who upgrade their academic qualifications by undertaking undergraduate studies while in employment. This category of loans attracts interest of 12% p.a.
 
V. The Act empowers the Board to recover mature loans from the beneficiaries upon completion of the university education. The law provides that a loanee shall be required, subject to and in accordance with this Act or any regulations made thereunder, within one year of completion of his studies or within such a period as the Board decides to recall its loan whichever is the earlier to commence repayment of the loan.
 
VI. It should be noted that loan repayment is not pegged on formal employment and hence beneficiaries should work towards self employment to ensure their loans are being serviced.
 
VII. Any default beyond the grace period attracts a monthly penalty of Kshs 5,000 as stipulated in the Act.
 
VIII. Loanees are urged to continually update the Board on their whereabouts and seek to discuss and implement the repayment plans, more so when one is in the informal sector employment. This will ensure that the account is activated and that the monthly penalty does not accrue.

BOARD SECRETARY/ CEO



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TSC Statement on Threatened Industrial Action by the Kenya National Union of Teachers (KNUT)

Teachers Service Commission

PRESS STATEMENT ON THREATENED INDUSTRIAL ACTION BY THE KENYA NATIONAL UNION OF TEACHERS

Issued under Article 35(3) of the Constitution


The attention of the Teachers Service Commission is drawn to reports of threatened industrial action by the
Kenya National Union of Teachers (KNUT).

The main reason given by the Union is the purported failure by the Government to degazette Legal Notice No. 16 of 2003, and thereby revert to Legal Notice No. 534 of 1997 which, among other things, had proposed payment of a House Allowance of 50 percent of the basic salary, medical allowance at 20 percent of basic salary and a commuter allowance pegged at 10 percent of a teacher’s basic pay.

The Commission would like to address all teachers, parents and the general public as follows:

I. The 1997 recommendations on the rates and mode of payment of teachers’ allowances was renegotiated by a Tripartite committee between September 2002 and December 2002.

The committee’s meetings were convened by the Ministry of Labour and comprised the KNUT, the Teachers Service Commission and the Ministry of Labour. High level Government officials from the Treasury, Directorate of Personnel Management and the Central Organization of Trade Unions (COTU) also attended all the meetings of the Tripartite committee.

It is noteworthy that at every stage, KNUT, through its officials was involved in the development and subsequent gazettment of Legal Notice No. 16 of 2003. This is contrary to the impression created by the KNUT that they were excluded from the process and negotiations that led to the legal notice.

II. It is should be noted that for 10 years since Legal Notice No. 16 of 2003 was gazetted, teachers have immensely benefitted from the same gazette notice which KNUT now claims to be irregular and unlawful.

The legality of this Notice was one of the reasons KNUT called a strike in September last year.

III. Following the strike, a Return-to-Work formula proposed that the contentious issue of Legal Notice No. 16 of 2003 be referred to Parliament for interrogation in order to establish its legality. Both the Commission and the Union agreed to honour the decision of Parliament.

During the deliberations of the Select Parliamentary Committee on Delegated Legislation, the Minister for Education who gazetted Legal Notice No. 16 of 2003, did not make any representation for consideration by the Committee, although it had promised to give him an opportunity to do so before compiling its report.
The Commission is aware that the Minister had asked to meet the Committee on 17th December 2012 but was not given the opportunity to do so on that date or any other subsequent date.

Likewise, key stakeholders in the matter, including the Treasury, the Attorney General, Salaries and Remuneration Commission, Ministry of Labour, and the TSC did not make presentations on the same.

Their input would have been critical considering the nature of issues in question and the financial implications that would arise from the reversal of Legal Notice No. 16 of 2003.

IV. The Commission has scrutinized the report of the Committee and other relevant records on this matter. Further, it has extensively consulted with the relevant Government agencies, including the Ministry of Education, the office of the Attorney General, Salaries and Remuneration Commission, Ministry of Labour and the Treasury on the report of the Parliamentary Select Committee on Delegated Legislation. 

In all these, the Commission has been advised that the Report of the Committee cannot form the basis for any demand since it has not been subjected to debate by the House, which is a prerequisite to its adoption. Indeed in its report dated 19th December 2012, the Committee itself acknowledged that the Report needed to be debated before formal adoption. This had not been done by the time the life of the 10th Parliament expired. This position was communicated to KNUT by the Clerk to the National Assembly. The Commission anticipates that the next Parliament will take up the matter when it convenes.

V. It is also important to note that the TSC has established a consultative committee on new Terms and conditions of service for teachers as stipulated in TSC Act 2012. It was also an item in return to work formula. Discussions are ongoing and a proposal has already been submitted to Salaries and Remuneration Commission for advice. The Union may reconsider their position and use the current negotiation framework to address the issues including allowances under dispute.

VI. The Commission has endeavoured to promote the spirit of dialogue in resolution of industrial disputes. In this regard, the Commission held meetings with KNUT on 6th and 11th February 2013 to address the issues raised by the Union. In both occasions, we impressed on the Union to allow time for consultations with other Government agencies. Indeed, even on the day the Union called for industrial action, the Commission had met KNUT officials in the morning and promised to continue with consultations.

VII. It is already in the public domain that in October 2012, the Government awarded teachers a salary increment of Ksh17 billion to bring them at par with civil servants. This increased the teachers annual wage bill from Ksh120 billion to Kshs137 billion. The financial implication for the current demand by KNUT amounts to an additional annual amount of Kshs.41 billion, which the Kenyan taxpayer would be required to shoulder.

VIII. There has also been a wrong impression created through media reports that before its life ended, the 10th Parliament voted money to go to the remuneration of teachers. The truth of the matter is that Parliament did not allocate any additional resources for that. The allocation that Parliament approved in December was to regularize and meet the expenditure incurred in funding the harmonization of teachers’ salaries with those of civil servants. This was part of a Return-To-Work Agreement arrived at in order to end the teachers strike.

In view of these, the Commission would like to inform all teachers and the general public that the threat of industrial action is premature. All teachers are, therefore, advised to continue with their teaching duties in line with their employment contract with the Teacher Service Commission.

Once again, we appeal to KNUT to give dialogue and due process a chance. This is especially important during this decisive moment in the history of the country especially at this time when the country is bracing for general Elections. 

It is important to note further that the form one students are expected to report on the day of commencement of the intended strike. This intended strike will therefore infringe on the rights of the children as stipulated in the Children’s Act and the Constitution.

On its part the Commission will continue to pursue dialogue as a meaningful and productive avenue to resolve the dispute.

To this end the Ministry of Labour has appointed a Conciliator, who has convened a meeting on 19th February 2013 to look into the issues raised by the Union. 

TSC has confirmed attendance.
GABRIEL K. LENGOIBONI, EBS, CBS
SECRETARY/CHIEF EXECUTIVE



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IEBC Notice on Campaign Period

INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION (IEBC) NOTICE ON CAMPAIGN PERIOD
 
In pursuance to the provisions of Article 88 (4) of the Constitution read together with section 4 (h) and (n) of the Independent Electoral and Boundaries Commission, 2011 (IEBC Act) the Independent Electoral and Boundaries Commission (IEBC) is granted the mandate to inter alia conduct and supervise referenda, conduct continuous registration of citizens, facilitate the observation, monitoring and evaluation of elections and such other functions as are provided for by the Constitution or any other written law.
 
Further, section 109(1) (dd) of the Elections Act, 2011 provides that the Commission shall provide for the conduct of campaigns during a referendum or an election.
 
In the upshot of the foregoing and in tandem with the provisions of section 2 of the Elections Act, 2011 which defines a campaign period to mean the period specified as such in the notice issued by the Commission in relation to an election, the Commission HEREBY GIVES NOTICE THAT;
 
1) The Electoral Code of Conduct took effect upon dissolution of Parliament;
 
2) The campaign period for purposes of 4th March,2013 General Election SHALL CEASE ON 2ND MARCH, 2013 BEING 24 HOURS before the Election Day which is 4th March, 2013;
 
3) The campaign time shall run from 7:00 am to 6:00 pm during the campaign period; and
 
4) Pursuant to the provisions of Regulation 57 (1) and (2) of the Elections (General) Regulations, 2012 every Political party and every independent candidate at a presidential election shall submit to the Commission names of National Chief agent and forty Seven County Chief Agents on or before 18th February,2013 being fourteen days before election.
 
TAKE FURTHER NOTICE THAT all political parties, candidates and persons must adhere to the provisions of the Electoral Code of Conduct failure to which they will be liable to prosecution for violation of the Electoral Code of Conduct.

Dated the 11thof February, 2013
 
AHMED ISSACK HASSAN, EBS
CHAIRPERSON
INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION (IEBC)



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What the US Ambassador thought of Kenyan Election Opinion Polls in 2007

The US Embassy in Kenya - Michael Ranneberger was the ambassador then - sent a cable to Washington on the opinion polls subject on November 14 2007. 

The opinion polls then showed that Raila Odinga was ahead with a wide margin in the 2007 presidential race and Mwai Kibaki was lagging behind. The US embassy quietly advised the opinion pollsters to change their methodology to reflect voter distribution and turnout rates after which the race became a close contest between the two presidential candidates. 

The 2013 opinion polls have elicited huge debates as to their authenticity and reflection of the reality on the ground. They have been showing Raila Odinga is leading the contest though his margin has been diminishing by the day and Uhuru Kenyatta is closing in. 

Speculations are rife that as we approach March 4th it will be a neck to neck race between Raila and Uhuru with a possibility of Uhuru leading in the opinion poll race and final ballot. 

This could also have informed the aggressive reaction by the West reiterating that they will not deal with the ICC suspects if they win and threatening unspecified consequences and sanctions if the ICC duo wins. Uhuru supporters believe the West is after a Raila presidency and that their statements are geared towards influencing the Kenyan public against voting for Uhuru.

The 2007 cable cable was among the thousands that were released by WikiLeaks.
SUBJECT: KENYA ELECTIONS: POLLING MATTERS 
¶1. (C) Our election analysis (reftels) indicates a close race for the presidency.  This analysis is based on voter  registration data and traditional turnout rates as well as  polling on presidential candidate preferences.  We were  concerned that widely published public opinion polls, which  showed ODM's Raila Odinga well ahead of President Kibaki, did  not accurately reflect the true status of the contest.  Given  the rising political temperature, partially due to the use of  blatant ethnic appeals by both sides, we were concerned about  the reaction of ODM supporters should their candidate lose in  a close outcome when they were led by public opinion polls to  expect a landslide victory. 
¶2. (C) The Mission quietly reached out to polling firms and  their clients to suggest that poll sampling distribution  should be based on the regional distribution of registered  voters, not on raw population (there are wide variances in  voter registration rates around the country, with the high  population density areas, such as Kibaki's native Central  Province, enjoying higher rates).  Polling on this basis  would be a more accurate predictor of the outcome.  When one  polling firm (Consumer Insights) then started limiting its  respondents on political preference polls to those who could  produce an actual voter identification card, the change was  dramatic: Odinga: 41 percent, Kibaki: 40.6 percent.  Once the  Steadman Group re-distributed their sampling according to the  August voter registration figures, the Kibaki/Odinga gap  shrank from 11 points to 4 points: from 39 percent Kibaki, 50  percent Odinga to 41 percent Kibaki, 45 percent Odinga.  
¶3. (SBU) The Electoral Commission of Kenya has now published  the final voter registration figures.  The major polling  firms have all committed to adjust their sampling according  to these figures and limiting responses to those who at least  claim to be registered voters.  The results of polls based on  sampling that reflects the final voter registration figures  will be available in about two weeks.  
RANNEBERGER
You can view the cable at http://www.cablegatesearch.net/cable.php?id=07NAIROBI4457



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Kisii County: Governor, Senator and Women Representative Aspirants

KISII COUNTY GOVERNOR, SENATOR AND WOMEN REPRESENTATIVES CANDIDATES

CANDIDATES FOR GOVERNOR

JAMES OMARIBA ONGWAE, ODM
Mr Ongwae was born in Kitutu Chache constituency, and studied Economics, Government and sociology at the University of Nairobi. 

He has served at TSC and as PS, Agriculture before joining politics in 2007 where he contested the Kitutu Chache parliamentary seat but lost.

Mr Ongwae was PM Raila Odinga’s chief campaign manager until last July.

His target is to create jobs and promote education, agriculture, sports, roads, health and ICT.

JUSTRY PATRICK LUMUMBA NYABERI, TNA
The lawyer comes from Bobasi, and has unsuccessfully contested twice for the parliamentary seat. He holds a doctorate in law from the University of Copenhagen, Denmark and another in Business Administration, and an MBA from University of Nairobi.

In the year 1990 graduated with Diploma in Law from Kenya school of Law. Mr Nyaberi worked as the managing director Kenya Cooperative Creameries Ltd between 1998-1999.

PETER SALIM NDEMO, FORD PEOPLE
Dr Peter Ndemo, 70, hails from Kitutu Chache. He holds Doctorate of Philosophy from the University of Washington International. He also holds MBA from the same university. 

He served as a commissioner of the Public Service from 2002-2009, and worked as director of shipping and maritime affairs in the Ministry of Transport. In 1999 he worked as alternate director, KPA. He also served as deputy secretary in charge of Postal Corporation.

ZADDOC OGUTU, UDF
Prof Ogutu was born in Bomachoge. He did his MA in Natural resources from the University of Toronto and has PhD in Development studies from the University of Edinburgh. Between 2002- 2008 he was a Regional Coordinator Programme on Poverty eradication and Environment in Lake Victoria region. 

He has also served in UNEP, UNPD and UN habitat. His goal is creating wealth and jobs through value addition to make Kisii town and rural livable.

SHEM MACHOKA, KENYA SOCIAL CONGRESS
He comes from Bomachoge constituency and is a businessman in Kisii County.
He is real estate developer, and runs hospitality facilities.
He holds a bachelor’s degree of business management from Egerton University.
He promises that he will economically empower the youth and women once he is elected the governor.

CANDIDATES FOR SENATE

CHRIS OBURE, ODM
The former MP for Bobasi and minister for Public Works was born in 1950 in the larger Majoge Bassi constituency which has since been split to Bobasi and Bomachoge. Mr Obure holds a Bachelor of Commerce from the University of Nairobi. 

He worked for Bata Shoe as company secretary and director between 1968-74 and Kenya Breweries as company secretary from 1974-83. He first contested for parliamentary seat for Majoge Bassi constituency in 1969 but lost to Zephaniah Anyieni. He bounced back and won the seat in 1983. He has been Bobasi MP for over 20 years, and wants stability.

SAM ONGERI, TNA
He is the outgoing MP for Nyaribari Masaba and minister for Foreign Affairs and was born in Gesusu in 1938. The professor of medicine attended various universities abroad, and was first elected as MP for Nyaribari Masaba in 1988 till 1992. 

He was re-elected in 1997 and 2007. Prof Ongeri served in various ministries. In 1993-98 he was Kenya’s permanent representative, Unep. Prof Ongeri promises to add value to education, address the high rate of unemployment, improve farming, infrastructure in urban and town centres for business.

OMINGO MAGARA, PEOPLE’S DEMOCRATIC PARTY
Born in 1961, the former assistant minister for Trade was first elected South Mugirango MP in a January 2001 byelection. Mr Magara holds a bachelor of commerce from Punjab University. He is also a CPA (K) and a member of ICPAK. 

Mr Magara has worked with Income tax department at the Ministry of Finance. He has also worked with the Kenya Revenue Authority. He served as a chairman of the Public Accounts Committee (PAC) between 2003 and 2004. Magara says if elected the first senator, his priorities will be developing key sectors of the county’s economy.

RAPHAEL RAINI, FORD KENYA
Mr Raini was born in Nyangusu in Bobasi constituency. He went to a secondary school in Uganda and later graduated from Milano University in Italy with a degree in accounting and has worked in the civil service for 28 years before retirement. 

He was formerly the chief accountant in the Ministry of Lands and Settlement until 1992. Has interest in the hospitality industry being the proprietor of Solace Hotel, Nairobi. He is approaching 70 years of age.

CANDIDATES FOR WOMEN’S REPRESENTATIVES


MARY OTARA (ODM)
The social worker has been championing the plight of widows and orphans. Mrs Otara holds a degree on Social Work and Development from Daystar University, and has diploma in Systematic Theology from Neema College. 

She currently serves as national women coordinator with the Evangelical Church in Kenya. She will continue to assist poor households through her wide network and promote basic health and food security.

JANE MATOKE (FORD PEOPLE)
Born in Bobasi, Ms Matoke studies at the University of Nairobi for bachelor’s degree in law. She worked in Cooperatives ministry’s legal department for two years, then practised for 12 under her Njagi and Nyaboke Advocates. 

She also worked as chairperson Water and Regulatory Board. She promises to champion the rights of women, and pay particular attention to the girl child and education. She will seek to improve infrastructure with government money and seek markets abroad.

ROSEMARY OBARA
She is a teacher who served for 20 years until 2004. She attended Nyabururu Girls before she moving Manor House High School and Kaimosi TTC. She also holds a diploma in county governance from the JKUAT. 

Currently she is a business woman in Kisii town. If elected she vows to continue fighting for retrogressive FGM practices and transform the lives of women and girls who for years have carried water on their heads, babies strapped on backs.

JUDITH KERUBO MIRUKA
The youngest women aspirant Mrs Miruka was born in 1976 in Bonchari. She learnt at Otamba Secondary before joining Meru TTC. She later enrolled for her first degree in Education at the University of Nairobi. 

She holds a masters in administration and planning from the same university. She promises that if elected, she will address issues affecting people in society. “I will not discriminate based on gender,” she says.

MRS FONTINA ROSELINE NGARE (NARC K)
Born in 1969 in Nyamira County, she attended Kebirichi Primary and Sengera Girls High before joining St Paul’s TTC. She holds a degree in education and masters in administration. She has been a headteacher for nine years before she resigned to join politics.

Mrs Ngare will empower women because she understands issues affecting them. “I have lived with Kisii women since I was born,” she says.

KISII CONSTITUENCIES AND REGISTERED VOTERS


Constituency
Registered Voters
(Dec  18 2013 )
Bobasi
67,959
Bonchari
38,749
Nyaribari Chache
58,574
Nyaribari Masaba
43,976
South Mugirango
51,020
Bomachoge Chache
31,459
Bomachoge Borabu
39,286
Kitutu Chache South
45,629
Kitutu Chache North
37,841
Total (Kisii County)
414,493



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Obama: US will respect and work with a freely and fairly elected Kenyan President

Kenyans have been waiting for a signal as to which direction the United States will take regarding the Kenyan General Elections. This is even more important since we have an ICC trial suspect and Jubilee presidential candidate Uhuru Kenyatta pitying against CORD coalition candidate Raila Odinga who once claimed to be Obama's cousin and comes from Obama's father tribe and home town. These two are the leading contenders in the Kenyan presidential race.

Amidst rumours of economic sanctions to Kenya by the West (with US and UK in the lead) if Uhuru ascends to the presidency, many Kenyans have been silently thinking that Obama (and the West generally) prefers a Raila Odinga presidency.

However, in his statement to Kenyans, Obama showed no preference to Raila Odinga nor did he hint at a strained US-Kenya relationship if Uhuru Kenyatta wins the presidency on March 4th. His main emphasis was peaceful, free and fair elections which reflects the will of the people.

Here is the statement

"Habari yako. Over the years, I have been greatly moved by the warmth and spirit - the strength and resolve - of the Kenyan people. And I've been grateful for my connection to Kenya, and the way you've welcomed me and my family to your beautiful country - from my father's village in Alego, to bustling Nairobi.

"In my visits, I've seen your progress. Kenya has lifted people from poverty, built an emerging democracy and civil society, and sustained a spirit of hope in the face of great difficulty. After the turmoil of five years ago, you've worked to rebuild communities, reform institutions and pass a new constitution.

"Now, Kenya must take the next step in March, with the first national elections under your new constitution.

"We all know what makes for successful elections. Kenya must reject intimidation and violence, and allow a free and fair vote. Kenyans must resolve disputes in the courts, not in the streets. Above all, the people of Kenya must come together, before and after the election, to carry on the work of building your country.

"The choice of who will lead Kenya is up to the Kenyan people. The United States does not endorse any candidate for office, but we do support an election that is peaceful and reflects the will of the people.

"This election can be another milestone toward a truly democratic Kenya defined by the rule of law and strong institutions. If you take that step, and reject a path of violence and division, then Kenya can move forward towards prosperity and opportunity that unleashes the extraordinary talents of your people - especially young people. If you continue to move forward, you can build a just Kenya that rejects corruption, and respects the rights and dignity of all Kenyans.

"This is a moment for the people of Kenya to come together, instead of tearing apart. If you do, you can show the world that you are not just a member of a tribe or ethnic group, but citizens of a great and proud nation. I can't imagine a better way to mark the 50th anniversary of Kenyan independence. And I say to all of you who are willing to walk this path of progress-you will continue to have a strong friend and partner in the United States of America. Kwaheri." 

and the YouTube Video




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