A Political Kenya: Latest Politics and Kenya Economy News

THE hearing of an injunction that has stalled a Sh96 million corruption case against Agriculture minister William Ruto for five years began yesterday.

The minister and eight others were charged in 2004 with obtaining Sh9,916,830 part of the total sum from Kenya Pipeline Company finance manager by pretending he was in a position to sell land belonging to the Environment Ministry.

The 1.745 hectares land is situated within Ngong Forest.

But the minister rushed to the high court and filed the constitutional application challenging the criminal proceedings at the chief magistrate's office.

He told a three-judge bench yesterday that he is a stranger to the case and cannot be held liable because all the actions and decisions that led to the sale were approved by the government.

Through his lawyer Katwa Kigen, the minister argued that his right to secure protection of the law is violated.

He said he did not receive any monies, as evidence adduced in court shows that the money from KPC went into Kenya Times account and not his.

In the magistrate court, Ruto is accused together with former president Moi personal aide Joshua Kulei, Baringo Central MP Sammy Mwaita, Sovereign Group Limited, Berke Commercial Agencies, Priority Limited, Celtic Multy stems and Somog and Limited.

But the minister argued that the accusations have been brought based on discrimination and out of malice.

WORKS on the Eastern and Northern by-passes in the city are proceeding well.

A tour of the bypasses yesterday revealed that the construction is within schedule.

Last March, the government received Sh8.6 billion from the Chinese government for the construction of the by-passes in the city to ease congestion on the roads.

China has appointed China Road and Bridge Corporation as the contractor for the two by-passes that will take 30 months to complete.

The 70km-road project consists of two major road links in the Nairobi Road Network Plan.

The contractor has begun tarmacing part of the Eastern bypass from the Embakasi Garrison towards Kangundo Road.

Roads permanent secretary Michael Kamau said yesterday that the government is satisfied at the pace at which the Chinese contractor was working on the by-passes.

"We are taking advantage of the favourable weather to open up Nairobi and its environs through building these bypasses," he said.

Kamau added that the bypasses will be motorable to the public even while under construction in the three-year contract.

"The construction includes interchange, flyover crossing, box culverts, standard pipe culverts and other drainage works," he said.

The Eastern bypass, which is 60 metres wide and 40 kilometres long, starts on the Ruiru-Kiambu road. It crosses the Northern bypass and the Ruiru railway line into Thika road.

After crossing Thika Road, it crosses Kamiti, Gathara-ini and Nairobi rivers into Ruai.

The corridor then crosses Kangundo Road and goes for about 10km to Mombasa Road through Embakasi Garrison and the North Airport Road.

The Northern bypass is about 25km long and has a service road of 10km through Runda and Thome estates. It starts from Ruaraka trading centre on Limuru Road, overpasses Banana Road and reaches Closeburn farm.

It then passes Kahawa West and Kamae and proceeds to Ruiru and joins the Eastern bypass.

The northern by-pass will connect with the Nakuru-Nairobi highway.

Ministry of Roads Public Relations Rachel Keino said yesterday that the government has resolved the issues that had threatened to slow down the construction.

Runda residents were at first to have the Northern by-pass cut through their neighbourhood.

During the launch last August, President Kibaki said the government was aware that the process of acquisition of road bypasses around Nairobi was mooted several decades ago to provide alternative routes for transit traffic.

SACKED Kenya Bureau of Standards boss Dr Kioko Mang'eli left office yesterday saying he was the victim in a 'terrible war' against counterfeit goods.

Mang'eli, who was in the third month of his second three-year term as head of Kebs, handed over to the Director of Metrology and Testing Joel Kioko in a hurriedly convened press conference at the organisation's headquarters yesterday afternoon.

The meeting was presided over by Industrialization PS Prof John Lonyangapuo and senior Kebs officials.

"It's tribal and political. I was given the (sacking) letter yesterday but I wasn't given a chance to explain myself," a bitter Mang'eli told journalists at the meeting.

He claimed unnamed politicians who wanted to make money for 2012 election campaigns from counterfeit goods had hounded him out of office.

"I don't regret being pushed out, they will also not live in power," he said. "Tomorrow I might be the Prime Minister or President and I will be there with them."

Mang'eli was sacked on September 8 through a letter by head of civil service Francis Muthaura but vowed to stay on saying the sack was not procedural.

Ukambani politicians including Vice-President Kalonzo Musyoka, Justice Minister Mutula Kilonzo and Mutito MP Kiema Kilonzo rushed to his support and faulted the Government for sacking him.

Police had recently been instructed to arrest Mang'eli if he showed up the bureau offices in South C.

His fate was finally sealed last Friday during a meeting at Harambee House between President Kibaki and Prime Minister Raila Odinga, before the PM flew out to the United States.

Prof Lonyangapuo was instructed to inform Mang'eli of the orders and enforce the decision.

Yesterday, the PS skirted questions from the press but said Kioko would be the acting head until the board advertises the position, and a new MD is picked.

He heaped praise on the sacked director and said he managed to turn round fortunes of the bureau.

"Nobody failed and that's why the board appraised him," Lonyangapuo said.

Mang'eli accused leaders of cheating' the public on the financial position of Kebs. "As I leave, Kebs has Sh1.8 billion in the banks. They can go to National Bank and ask (managing di-rector Reuben) Marambii," he said, waving documents.

Muthaura had accused Mang'eli of seeking a pay rise after falsifying Kebs documents to show that he had turned the organisation's fortunes around.

The National Standards Council (Kebs board) had upped his salary from Sh480,000 to Sh 1,070,000.

Mang'eli however said the pay rise was decided at a meeting chaired by Minister of Public Service Dalmas Otieno.

The board had claimed the MD had turned Kebs' fortunes around from Sh300 million surplus in 2005-2006 to Sh826 million in the 2007-2008 financial year. However, audited financial statements show Kebs had a surplus of Sh288 million in 2006-2007 and Sh229 million in the period 2007-2008.

Mang'eli, who had also been accused of irregularly employing and promoting employees, was unrepentant and said he did so because Kebs had enough money.

"We've employed 150 people and increased salaries without receiving any money from the government," he said.

Some ODM members are worried that failure by President Barack Obama to meet his distant cousin Prime Minister Raila Odinga may impact negatively on the perception that the party has 'connections' to the White House. They claim that ODM has done nothing wrong to warrant its party leader being denied a chance to wine and dine with the world's most powerful leader with Kenyan roots.

We hear State House was on fire two weeks ago after The Star published a story of how Othaya councillors were locked out of a hotel in Nyeri town, where their MP, President Kibaki, was enjoying lunch after a tour of the constituency. Some members of the First Family asked certain civil servants why the councillors were locked out. It seems the incident has ruffled some feathers in the Big House on the Hill as the Othaya civic leaders express their unhappiness.

An MP from Central Kenya was heard "talking badly" about a PNU minister from the region. The man, who is not known for being discreet, was overheard describing the senior minister from the region, with whom they share constituency boundary, as a "walking corpse".

We understand Justice minister Mutula Kilonzo has tasked a team of lawyers to study the decision by Parliament to nullify the appointment of retired Justice Aaron Ringera as the executive director of he Kenya Anti-Corruption Commission. Mutula has told the team to report back to him by early this week for him to take an appropriate decision.

Where did a female Cabinet minister from Rift Valley take the money she was given on Tuesday night by a vocal minister from the region to distribute to some politicians in the region? Corridor was shocked yesterday when one MP shouted at another in Parliament Buildings: "You ate our money but you did not fulfill your side of the bargain"

The wife of a prominent Kajiado politician has now declined to send pocket money to her husband after they differed over a political decision taken by the politician recently. We are told the man who used to distribute dollars to his constituents during the last general elections has now turned into a beggar. He has been frequenting Parliament Buildings where he solicits for handouts from MPs.

We told you that Mutito MP Kiema Kilonzo's bid for presidency is stealthily gaining momentum. On Monday, a group of Kamba professionals numbering about 200 met at a Lukenya Hills outpost where prospects and strategies of his bid were extensively discussed.

The unceremonious and abrupt transfer of a top crime buster in Kawangware has set tongues wagging that despite a change of leadership, the police force remains the same. The man was transferred to Meru after he "got into trouble" by arresting two sons of a prominent Westlands politician who were found peddling drugs and smoking bhang.

PRESIDENT Kibaki may remain as the MP for Othaya even after relinquishing the Presidency in 2012, his eldest son Jimi Kibaki has said.

He said nothing prohibits his father from standing again for the Othaya seat that he has held since 1974.

"Mzee might not retire as an MP. He might retire only as a President. The constitution allows him to seek another term as a Member of Parliament," said Jimi speaking at a harambee in aid of Our Lady of Consolata Birithia Catholic Church in Othaya on Sunday.

There has been widespread speculation that Jimi could succeed his father in Othaya because he has recently been making frequent visits and presided over several functions and fundraisings.

Jimi also launched the political youth movement Simama Kenya earlier this year.

PNU activist Mary Wambui, once rumoured to be the second wife of the President — but which the First Family has emphatically denied on many occasions — is understood to also be interested in the Othaya seat. Analysts say she could mount a strong challenge to Jimi as she is popular in the coffee-growing constituency.

If Kibaki senior decides to defend his Othaya seat after serving his maximum two five-year terms as head of state, he will be the first President in Kenya to do so.

The founding President Jomo Kenyatta died in office in 1978 while President Daniel arap Moi chose to retire from active politics after serving his two five-year terms that ended in 2002.

The constitution does not bar Kibaki from becoming Prime Minister should he become the leader of a party with a majority in the House in 2012.

Russia's Vladimir Putin and Ethiopia's Meles Zenawi both switched from President to Prime Minister in recent years.

The Star could not identify any case of an African president standing down to become a mere MP.

Kibaki entered elective politics in 1963 by contesting the Donholm constituency in Nairobi Province that he won on a Kanu ticket. He shifted base to Othaya in 1974.

But Kibaki risks missing the entitlements of a retired head of state that are enshrined in the Presidential Retirements Benefits Act of 2003 if he chooses to remain as an MP.

The Act stipulates that the benefits cannot be paid if a retired president is "actively engaged in activities of any political party and if the retired president "holds any appointive or elective post in or under the Government."

A retiring president receives a Sh17 million lump sum payment as a goodbye token. He then gets Sh950,000 tax-free monthly, which is 80 percent of the salary of the sitting president. A retired president is also given Sh300,000 monthly housing allowance, Sh300,000 as electricity, water and telephone allowances, and Sh200,000 as entertainment allowance.

He will be provided with 38 public servants including 6 officers for his own personal security and 6 others to guard his Muthaiga and Othaya homes. He will be given 4 four-wheel drive vehicles.

Jimi has been touted as a possible candidate to take over the Othaya seat after Kibaki's retirement.

He launched the youth initiative Simama Kenya in June together with ODM-Kenya MPs Kiema Kilonzo and Charles Kilonzo indicating that he has political ambitions.

Jimi lashed out at those already campaigning for the Othaya seat in 2012 saying the race is not a 100 metres but a marathon.

"You will get tired in six months and elections are three years away," said Jimi. "You better hold your horses, the time has not come," he added.

Over 20 parliamentary aspirants including businessmen, lawyers and sitting civic leaders have already started criss-crossing the constituency in silent campaigns.

Jimi praised the work his father had done during his tenure as area MP saying he had brought more development than anybody else would have done.

He said aspirants interested in the seat have been spreading rumours that Othaya will be divided into six constituencies which he said was impossible.

"Why are they not competing on development instead of politicking all the time? I wish you would challenge them to bring developments instead of politics and mere rumours'.
"Tell them to hold their horses. Youths should not be used by politicians but should take responsibility for their lives," he told the congregation.

Is it true that if you put two lawyers together in a room, you have an argument instantly?

Judging by recent verbal displays in interpreting the law, there is something to be wary of about the Learned Friends we entrust our all with.

They have a knack for turning everything into an abracadabra; a simple door can have several meanings to a lawyer — is it an exit, an entrance, or just an opening? You can argue up to tomorrow.

And so it is not surprising what is going on with the Committee of Experts established to prepare a draft constitution. From a layman's point of view, their task seems so well defined and simple but is it?

They are supposed to examine the previous drafts, isolate the contentious issues, and build consensus through consultation with different (I hate this word) stakeholders. Once they have done so, they can then present a draft constitution for consideration by Parliament in December.

Parliament will mull over it, and if it finds issues, send it back to the Reference Group which will then... I lose you.

Ok, in short, in March we should have a referendum on a constitution that is expected to be so agreeable to the majority and if endorsed by 60 per cent of the registered voters will become our supreme law.

Well if you don't know or like that, go to the nearest police station and notify the OCS of your intended protest. Kenyans are in the habit of waiting until the last day to complain about this and that. Sorry, this time the courts have been stripped of the power to entertain your grievances.

What is disappointing though is the wrangling in the committee.

Last week, Committee member Njoki Ndung'u ventilated her frustrations with the committee's mode of operation in a letter to the chairman Nzamba Kitonga in which she basically said, Stop, something is wrong!

According to Njoki, the committee has not been following the law and some of its meetings are not meeting the threshold set by Parliament - that they must all be on record.

What irritated her is a short notice retreat to Naivasha last week by the committee to write a draft. Well, Njoki has to know that she is fully engaged by this country to write the constitution, so she should be available on call 24-7. But she had other issues, which might need urgent attention.

Key is the complaint that the committee has yet to draw the attention of the public.

True, the constitution is nowhere as exciting as the back-door reappointment of Aaron Ringera or the controversial prosecution of post-election violence perpetrators. But, surely, a constitution we have been trying to write for 25 years should at least elicit some public interest and participation.

Can the Principals ask the country to keep quiet for just a day so we just discuss the constitution?

Secondly, the consultations don't seem to be progressing well. The job of the committee was to present the contentious issues to the public, receive submissions on them, and meet with vested interests — institutions and individuals — to harmonise their views
and bridge their differences.

The consensus would then be written into the draft on the basis of the widest possible acceptance or excluded altogether. Njoki accuses the committee of rushing to write the draft before it has exhausted the consultations, subtly hinting that the committee is prematurely "deciding" for the public what is consensual.

Well, not surprisingly, the protest has found instant amplifiers in the name of evangelical churches calling themselves the Kenya Christian Constitutional Forum. Yawn.

The question is how much consultation is enough? And given that some people, especially evangelicals who are battling for exclusion of the Kadhis' courts from the constitution, will not yield unless their position is accepted, will the committee finish its work in time?

Maybe Njoki is right — the committee has become impatient with some potentates who think the Constitution cannot be written without their views. But is there anyone out there, political or religious, whose views are indispensable?

I can bet that unless we cut off some arguments, we will still be discussing about a draft in March next year and asking for more time. Politicians will happily grant the extension, knowing well it will allow them one more day in office.

David Makali is a media consultant