Mutula Backs Bid to Change Polls Date

Ronnel Onchagwa, Rebecca Okwany and Eunice Machuhi

16 September 2011

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Justice minister Mutula Kilonzo on Friday expressed reservations on the Supreme Court's ability to give a verdict on the date of the next General Election in good time.

The minister spoke as Coast lobby groups supported the Commission for the Implementation of the Constitution's opposition to plans to switch the elections date.

The Cabinet has endorsed a Bill to move the elections date, which is supposed to be the second Tuesday of August of every fifth year after elections, to the third Monday of December.

 

The decision has attracted stiff opposition from CIC boss Charles Nyachae and MPs Mohamed Abdikadir and Eugene Wamalwa.

Seeking to justify the Cabinet decision, Mr Kilonzo argued that ministers took the option of amending the Constitution since the Supreme Court was not fully operational.

"The rules of procedure for the Supreme Court are not yet prepared and we don't know how long it will take. Cabinet had to act because we are running out of time and the August 14 date for elections is not practical," he said.

He went on: "We even don't have the Independent Electoral and Boundaries Commission in place and you are telling me we can organise for elections in less than 11 months?"

 

However, the minister acknowledged that the Supreme Court's decision on the issue would be binding.

The Interim Independent Electoral Commission has gone to court seeking interpretation on the matter.

Mr Kilonzo also dismissed Mr Nyachae's opposition to plans to switch the elections date. "CIC should bite the bullet instead of floating arguments," he said.

In Mombasa, the Pwani Coalition for Good Governance (PCCG) described the Cabinet decision as dangerous.

"Changing the elections date from the second Tuesday of August, to the third Monday of December will create a dreadful precedence, which will have allowed the State to change the Constitution at impulse," Ms Millicent Odhiambo, a board member of the PCCG, said.

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They urged Kenyans to reject the move to alter the date, stressing that it would pave way for the government to continually alter the Constitution.

"The Cabinet just like in its attempt to change the gender representation clause will always find logical explanation to alter the Constitution," said an activist.

At the same time, lawyers in Mombasa said that the amendment would open doors for more alterations of the Constitution.

"There is no guarantee as to when these amendments will stop if this proposal goes through," Mombasa Law Society chairman Mohammed Balala said.

He accused the Cabinet of attempting to derail the implementation of the Constitution.

Journalists recap Sinai horrors

When word was sent to newsrooms that a fire had broken out in Mukuru Sinai slums along Lunga Lunga road, journalists in there characteristic quest to get the story as it breaks rushed to the scene, but nobody had prepared them for what they saw.

They didn’t know how big the tragedy was until they were on location.  Armed with cameras, notebooks, pens, microphones, sound recorders, mobile phones and fully equipped outside broadcasting vans, the newsmen were just doing their job but it wasn’t that easy.

They walked in mud, through narrow and dark alleys, over corrugated iron sheets that were once houses and waded through a big crowd of curious on-lookers who had gathered around the area. Journalists, security officers, fire fighters and rescue workers went about their duties while jumping over an open sewer trench and carefully avoiding to step on charred  remains of human beings, pigs and dogs strewn all over the place. 

  

Some reporters began counting bodies but grew tired and lost count along the way. At some point, one could not  differentiate between garbage, human remains and dead pigs as they were all burnt beyond recognition and  heaped together in either a ditch or along the river bank. They therefore decided to rely on official figures from the Red Cross.

The air smelt of a mixture of sewage, petrol and burnt flesh. Rescue workers wore masks to avoid getting the stench but journalists and the police inhaled it all. Security officers, Red Cross personnel and fire fighters wore protective clothing but journalists were dressed like it was an ordinary day in the office.

Fire fighters and Red Cross personnel had their faces hidden behind helmets and masks, making it difficult to read their emotions. Police and members of the provincial administration managed to remain calm but a keen observer could tell that they were hurting inside.

For journalists and politicians, there was no holding back tears. Even the hardened of the messengers could not contain the emotions, as the putrid smell of death filled Sinai slums. One television reporter was even seen crying seconds before she went on air to give a live update but she wiped the tears and moved on.  

Prime Minister Raila Odinga, Vice President Kalonzo Musyoka, Makadara MP Gidion Mbuvi Sonko, Daily Nation’s Walter Menya and QFM’s Terry Bebora were among those who tried to put on brave faces but with little success.

"In as much as journalists are supposed to be impartial and objective, what I saw was traumatizing and I could not help shaking.  It was the first time I was covering a tragedy of such magnitude but I managed to  compose myself and got down to work," Terry Bebora said of her experience.

She contends that journalists, police and rescue workers also need counseling like that offered to victims because they are also human beings who may be emotionally affected.

Walter Menya described the scene as a gory that involuntarily opened a floodgate of tears.

"The fact that one could be standing over the charred remains of victims, out of lack of ability to differentiate it from the burnt wood just made the entire scene more frightening. These were my fellow country men and women reduced to stumps," he said.

According to Mr. Menya, listening to politicians’ empty rhetoric after the incident, when they were in a position to prevent the disaster, even augmented the stench of death.

Daily Nation’s

Alphonce Shiundu summed it up as a scene straight from hell. "The scene looked like one cut out from the nastiest of horror movies that Hollywood has ever produced," he noted.

Nigerian embassy in tussle with Kenyan workers over fire incident

Smoke billows from a burning house. The Nigerian Embassy in Nairobi, Kenya has accused five local staff members of sabotage following a fire incident that occurred at their offices on Tuesday, September 6, 2011. FILE | AFRICA REVIEW |

 

By RONNEL ONCHAGWA in NairobiPosted Thursday, September 8  2011 at  17:32

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The Nigerian Embassy in Nairobi, Kenya has accused five local staff members of sabotage following a fire incident that occurred at their offices on Tuesday afternoon.

In letter signed by the Head of Chancery Adesoye Samotu, the five women employees have been asked to explain why disciplinary action should not be taken against them for failing to assist in putting off the fire.

The letter read in part: “While all home-based staff was battling to save the situation, fighting fire with mission extinguishers, you failed to assist in any way, including helping to contact local fire service, even when you were repeatedly instructed to do so.”

According to Mr Samotu, the five locked their offices and went home while the rest were busy putting off the fire.

He has also accused the employees of gross misconduct, occasioned by sabotage and threats to security and safety of the chancery.

The fire, which broke out at around 4pm (EAT) at the premises from the registry, was finally put off through combined efforts by the mission staff and fire fighters from the Nairobi City Council, among others.

Report to work

When contacted for comment, acting High Commissioner George Agim said: "We still don’t know the cause of the fire. But why is it that the Kenyan media is interested in every small thing that happens at the High Commission? Our media (in Nigeria) would not follow up such issues, when an institution disciplines its staff. We asked them to explain a few issues. Is there a problem with that?''

The women were not allowed into the premises on Wednesday as they were told to reply to the letter and wait for response. They have, however, been advised by officials from Kenya's ministry of Foreign Affairs to report to work daily, even if they are locked out.

Wetang'ula's Return to Cabinet Faulted

Alphonce Shiundu And Ronnel Onchagwa

26 August 2011

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Civil society groups on Friday opposed the reinstatement of Sirisia MP Moses Wetang'ula to Cabinet. (Read: Joy as Wetang'ula bounces back)

They also criticised the reappointment of Foreign Affairs PS Thuita Mwangi.

Transparency International-Kenya executive director Samuel Kimeu said the reappointments were unprocedural and undermined the role of law enforcement agencies.

 

He described the President's move as inappropriate, coming at a time when the country is in the process of laying down proper mechanisms to help in the fight against corruption.

 

"The two (Wetang'ula and Mwangi) had not been fully cleared as there were investigations still going on in Japan, therefore their reappointment is against the law," Mr Kimeu said. 

Mr Wetang'ula and Mwangi stepped down last October after a probe by the parliamentary Defence and Foreign Affairs committee implicated them in irregular acquisitions of Kenyan missions abroad.

The civil society's call came a day after Parliament asked President Kibaki to reverse the decision until the two are cleared of corruption allegations.

The MPs also want Transport minister Amos Kimunya fired from Cabinet given that the House successfully passed a censure motion against him three years ago over the sale of Grand Regency Hotel to Libyan investors.

Corruption scandals

On Friday, the MPs asked Vice President Kalonzo Musyoka, as the Leader of Government Business, to explain why the resolution of Parliament had been ignored regarding the corruption scandals.

They also called on National Assembly Speaker Kenneth Marende to make a ruling over the Executive's stance to wish away key resolutions made by the House.

The Speaker will rule on the matter next week.

President's encounter with angry mob

By RONNEL ONCHAGWA in NairobiPosted Thursday, September 8  2011 at  19:47

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Placard waving demonstrators from Kenya's Isiolo County Thursday attempted to block President Mwai Kibaki’s motorcade outside his Harambee House offices in Nairobi.

The motorcade stopped briefly as security people dispersed the demonstrators who had come to the city to protest against the escalating incidents of insecurity in their county.

Nairobi deputy police boss Moses Ombati said that no one was arrested over the incident.

The demonstration was triggered off by reports that a pastoralist village around Lesosia area in Isiolo, about 35okm north of Nairobi, was attacked Wednesday morning, where five people are said to have been killed and three others critically injured.

According to the demonstrators, 34 Borana (local people) herders have been killed and 16,000 head of cattle stolen from them in the last one year.

The residents drawn from mostly the Borana and Somali communities, accused government security officials of failing to protect them from hostile neighbours.

Ultimatum

They claimed that the government disarmed them, but their neighbours refused to give up illegal fire arms.

In a memorandum presented to the President, the Prime Minister, Internal Security minister and the Police Commissioner, the residents asked the government to transfer all senior security officials from Isiolo and Samburu counties and disarm neighbouring communities.

Matau operators protest against police harassment

Public transport in sections of Nairobi was yesterday paralyzed for hours after Matatu operators held demonstrations protesting against police harassment at the central bus station.

It took the intervention of Nairobi Deputy Police Officer Moses Ombati for normal operations to resume.

The strike was triggered by the arrest of two conductors and one driver plying route number 15 (Lang’ata), which had occurred at 5am. They claimed that the three were arrested illegally as they had all credentials and committed no offence.

According to the matatu officials, the driver was held for being in possession of illicit drugs while the two conductors were booked for touting at the bus terminus. Police however, declined to confirm the claims.

The protesters matched to central police station, where the three were held, to demand for their release and later went to Hakati central bus station where they were addressed by the deputy PPO.

For almost half of the day, no Matatu was picking or dropping passengers at the city’s central bus station. Mfangano Street and a section of Haile Selassie Avenue had also been blocked by the protesters, leaving several travelers among them, children headed back to school, stranded in the process.

The Matatu operators claimed that a police unit nicknamed ‘Rhino Squad’, arrests conductors very early in the morning without telling them their offence, demand for bribes or book them for offences they have not committed.

They further demanded that all police officers on duty be uniformed and the city council installs more lights at the bus station. They said they usually have all requirements but fall victims of extortion because they perceive the due process of the law as expensive.

Normal operations resumed at around 1pm after Mr. Ombati, in the company of Central OCPD Eric Mugambi, addressed the operators and assured them that there issues will be looked into.

Mr. Ombati denied the existence of the Rhino squad unit and said that they will hold discussions to determine whether it will be possible to have every police officer uniformed.

However, speaking to the Nation on phone, Mbuthia Gachera, the secretary general of the yet to be registered  Public Transport Operators Union said that having every police officer uniformed is not an intelligent idea and it should not be the concern of Matatu operators.

Matatu welfare association chairman Dickson Mbugua said they will monitor the situation for the next one week and threatened to down their tools again if police don’t address their concerns.

The three crew members were later set free set free and the strike called off.  The driver David Mwangi Kagwi, popularly known as Pastor, was released on a free bond while the two conductors alleged that they bribed their way out.