KIDERO VERSUS AHMEDNASIR

NAIROBI Governor Evans Kidero says lawyer Ahmednasir Abdullahi has linked him to Judiciary bribery allegations because he refused to pay him a fee note of Sh25 million.
Kidero yesterday said the lawyer harbours a grudge against him after he refused to hire him as his advocate in the 2014 election petition.
“My case was so strong that he offered to represent me. But the Sh25 million he demanded in fees upfront was too steep and I already had a competent defence team,” said Kidero.
He threatened to sue both the lawyer and the media for linking him to the bribery allegations.
Ahmednasir confairmed Kidero's claims but wondered why the governor was making them now.
“Yes I met Kidero, because he wanted me to represent him. When I gave him my fee note, he declined and Ferdinand Waititu accepted my terms. What is wrong with that?” said Ahmednasir.
Kidero spoke to the media minutes after he appeared before the Judiciary Service Commission subcommittee appointed by Chief Justice Willy Mutunga to probe the Sh200 million bribery claim against Justice Philip Tunoi.
Kidero said his election petition case was strong and as such it was unnecessary for him to even think about bribing a judge.
The governor said: “Whether it was one shilling or 300 million shillings, I did not pay any bribe.”
Lawyer Issa Mansour, who earlier appeared before the subcommittee, said bribery allegations against Judge Tunoi cannot be blamed on succession politics inside the Judiciary because he is locked out by law from becoming the next Chief Justice.
Mansour said the law requires any individual eyeing the position of CJ to be below 70 years of age and now that justice Tunoi is already 72, he cannot qualify.
Justice Tunoi had taken issue with Mansour for commissioning Tunoi accuser William Kiplagat’s affidavit, hinting at a possible conflict of interest.
The judge had said Mansour is also the lawyer representing the JSC in a case filed by the former challenging the decision to send

IEBC SECURE ATLEAST KSHS 20M FOR OKOA KENYA

THE Independent Electoral and Boundaries Commission has finally secured funds to start verifying the Okoa Kenya referendum signatures.
The National Treasury has given the commission powers to spend up to Sh20 million for the process.
The money will be used to hire verification clerks, their supervisors and cater for their wages.
It will also hire a special room from where the verification exercise will be conducted.
IEBC chief executive Ezra Chiloba yesterday said the Treasury has given the commission authority to incur expenditure pending approval of the supplementary budget by Parliament.
“We have reached a deal with the Treasury and we are in agreement on the budget to verify Okoa Kenya signatures,” he said.
The commission has in the past said Cord complicated the work when it submitted the signatures in hard copy format.
It said this had doubled the work in verifying the signatures.
The commission has suggested that if all booklets submitted had copies and the signatures handed in soft copy, the work would be much faster, because it would have involved running the data against the BVR kits.
Chiloba said they plan to hire 120 clerks, with only nine days left to the expiry of the time within which IEBC should have done the job.
The constitution gives the commission 90 days to verify one million signatures.
Cord presented 1.4 million signatures on November 9 last year and the mandatory 90 days expires on February 9.
This means the commission has slightly more than a week to complete the task.

KRA REOPENS JOHO'S FIRM

A major logistical nightmare faces the clearance of cargo in Mombasa, following the abrupt re-opening of two container freight stations owned by Governor Hassan Joho’s family.
The CFSs had been accused of handling smuggled goods, including sugar, ethanol and rice, and were shut down last week by the Kenya Revenue Authority and operations halted at the stations.
However, there was uproar over the move, with the Joho family, managers at the two CFSs, a section of politicians, importers and clearing agents accusing the government of unfairly closing the stations.
Joho’s family is also on record saying that the goods, worth millions, impounded at the port last year, belonged to a businessman who happened to be their client, a statement that has also been backed by the CFS Association.
But yesterday afternoon, KRA cut the seals at the gates to allow importers and clearing agents to evacuate their consignments from the CFSs after it issued a 36-hour order to have the containers cleared.
On Saturday, KRA Commissioner General John Njiraini, in a statement, accused the CFSs of failing to comply with the order to re-open and shut them once the goods were cleared.
Portside Container Freight Station Operations manager Salim Juma said it would be impossible to clear all the containers within the KRA deadline.
He accused the KPA of also being in contempt of a court order despite KRA honouring the same, saying the management was in discussions over what to do next.
Omar confirmed that the number of containers still inside Portside stood at 1,020, while Autoport had 1,007 and hundreds were still within KPA awaiting clearance.
The official also said vehicles in transit, most of which were headed to South Sudan, stood at around 150.
“We have received complaints from importers as far away as Rwanda, Burundi, Uganda and Southern Sudan, threatening to boycott using the port and are looking for alternative facilities due to the closure, which was done non-procedurally, without giving reasons

JSC:TUNOI BOUGHT 180 ACRES OF LAND

NEW evidence has emerged that Supreme Court judge Philip Tunoi, who is at the centre of Sh200 million bribery allegations, acquired 180 acres of land recently.
It also emerged that the man who blew the whistle on the bribe affair, Geoffrey Kiplagat, was promised Sh30 million, but was never paid his share. Once the money was paid, virtually all the people involved became hostile to him.
According to sources, the Judiciary tabled a report before the special subcommittee investigating the bribery allegations on Sunday, saying it found that the judge purchased two parcels of land and two tractors recently. The farms are said to be in Uasin Gishu county.
However, the Judiciary did not indicate whether there was any link between the alleged bribery and the properties allegedly acquired.
Judge Tunoi has been accused of receiving Sh200 million to deliver a favourable judgment in the election petition by Ferdinand Waititu, now Kabete MP, against Nairobi Governor Evans Kidero, in August 2014.

The Judiciary instituted thorough investigations after receiving the complaint and sought the assistance of different government agencies such as the National Intelligence Service. In its interim report, the NIS confirmed that Tunoi and his accuser were in communication during the hearing of the Kidero petition.
It also emerged yesterday that the Judiciary probe team, met Kiplagat several times to test his facts and they confirmed that the man was consistent in his story.
It is further understood that Kiplagat was picked to broker the deal because he had previously used the same judge to " fix" some problems, irrespective of the court.
According to other sources, Kiplagat's friends in the county government knew and trusted him because they had previously worked together to “sort out problems”.
Yesterday the committee, chaired by Prof Margaret Kobia, took evidence from Justice Tunoi and his accuser journalist Kiplagat.
Justice Tunoi, who appeared before the committee

FINANCIAL YEAR FOR THE COUNTY 2016-17

THE counties will share Sh307 billion in the 2016/17 Budget, including some Sh3.8 billion in loans and grants, Treasury has proposed.
According to the 2016/17 Budget Policy Statement, the equitable share for the 47 counties will be Sh285 billion, up from Sh259 billion in the current financial year.
The devolved units will also receive an additional allocation of Sh18.2 billion for free maternal health, leasing of medical equipment, Level 5 hospitals and road repairs.
Nairobi will get the largest allocation, of Sh15.3 billion, followed by Turkana, which will get Sh11.8 billion and Kakamega’s Sh10.6 billion.
Others in the top five allocations are Mandera, which will get the fourth largest allocation, Sh10.2 billion, followed by Nakuru at Sh9.8 billion.
Lamu will get the least allocation at Sh2.5 billion, followed by Isiolo at Sh3.5 billion and Tharaka Nithi’s Sh3.6 billion.
Others in the bottom-five allocations are Taita Taveta at Sh3.87 billion and Elgeyo/Marakwet’s Sh3.86 billion.
The Commission on Revenue Allocation had recommended the allocation of Sh377.5 billion to the 47 county governments in the next financial year.

CRA said the allocation should include a Sh331.7 billion total equitable share for the counties and a further Sh44.7 billion as conditional grants.
Treasury said that there are eight conditional allocations being disbursed to the counties in 2015/16, six of them earmarked for the health sector.

According to the BPS, Sh4.3 billion will go to the counties for free maternal healthcare, while Sh4.5 billion will be used for leasing of medical equipment.
In addition, 11 Level 5 hospitals will share Sh4 billion while Sh900 million will be used to compensate the counties for user fees foregone in medical facilities.
There is also a Sh200 million allocation as a special purpose grant for supporting access to emergency medical services in the Lamu and Tana River counties.
County Allocations 2016/17 Financial Year in KSh
Baringo

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DP RUTO MEETS URP SUPPORTERS

Deputy President William Ruto yesterday reached out to his URP supporters and asked them to prepare for an exodus to Jubilee.
He said those opposing the union are opposition moles within Jubilee.
Those resisting the move and wanting to remain in URP will have themselves to blame next year, the DP said.
“The vehicle that took us to where we are has reached its destination and we have prepared a new one that will take us to 2022. Those who don’t want to alight will be returned home,” Ruto said.
He asked URP members to trust him.
Ruto was addressing a mammoth rally during inter-denominational prayers at Kapsabet Boys’ High School in Nandi.
The prayer rally for new Agriculture CS Willy Bett and PS Andrew Tuimur was presided over by the Anglican Archbishop Eliud Wabukala and his AIC counterpart Bishop Silas Yego.
The DP said those against the folding up of URP have ulterior motives.
Leaders at the prayer rally included CSs Charles Keter (Energy), Henry Rotich (Treasury) and Phyllis Kandie (Labour) and governors Cleophas Lagat (Nandi), Jackson Mandago (Uasin Gishu) and Alex Tolgos (Elgeyo Marakwet).
Others were MPs Moses Kuria (Gatundu South), Kirwa Bitok (Mosop), Julius Meli (Tinderet), Elijah Lagat (Chesumei) and Cornelius Serem (Aldai), and senators Stephen Sang (Nandi) and Isaac Meli (Uasin Gishu).
Woman representatives present included Zipporah Kering (Nandi), Sabina Chege (Murang’a) and Rachel Shebesh (Nairobi).
Several principle secretaries were also at the rally.
Leaders said the bribery claims against Supreme Court judge Philip Tunoi were stage-managed for next year’s polls.
Keter said he supported Keiyo elders’ plan to perform a traditional ‘curse’ ritual to establish the truth.
“There is something wrong with some Kalenjin youths. They are fixing others just like the ICC case where they made false statements for cheap money,” he said.

RAILA HITS ON AU

At the just concluded Head of States meeting in Ethiopia, the leaders had their discussions centred on the withdrawal from the International Criminal Court (ICC) more than other critical issues like the crisis in Burundi. Raila said despite the clear danger facing the people of Burundi who have been left on their own, the AU Summit concentrated its energies on how to pull Africa out of the ICC. 

He said with Africans crying for salvation from political inequity, reversal of democracy and State-sponsored violence, the leaders at the AU meeting missed the opportunity to salvage the war torn Burundi. “The leaders prioritised exiting the Rome Statute even as AU rescinded its decision to deploy troops in Burundi because the incumbent, who stands accused in the eyes of his people, would not agree,” he said. Marauding tyrants See also: Rethink push to have Africa walk out of the Rome Statute But Raila’s sentiments was immediately dismissed by Jubilee as hypocritical. Jubilee’s Majority Leader in the National Assembly Aden Duale dismissed Raila’s sentiments terming them as hypocritical. Mr Duale said Raila’s opposition to the decision by Africa to withdraw from ICC was a confirmation that he had a hand in tribulations facing Deputy President William Ruto and journalist Joshua arap Sang’ at The Hague-based court. “Raila’s unsolicited accusations that the AU resolution to withdraw from ICC will undermine justice in Africa is far from the truth,” said Duale. He added: “His main worry is his project that he has used and hopes to continue using against his political competitors to ascend to power is collapsing.” Raila said for AU to leave the ICC before the legal infrastructure and alternative mechanism is put up is to expose the population of Africa to marauding tyrants.

Read more at: http://www.standardmedia.co.ke/article/2000190181/raila-blasts-au-over-burundi-icc

DP RUTO:JUBILEE OPPOSERS ARE PARTY MOLES

Deputy President William Ruto yesterday reached out to his URP supporters and asked them to prepare for an exodus to Jubilee.
He said those opposing the union are opposition moles within Jubilee.
Those resisting the move and wanting to remain in URP will have themselves to blame next year, the DP said.
“The vehicle that took us to where we are has reached its destination and we have prepared a new one that will take us to 2022. Those who don’t want to alight will be returned home,” Ruto said.
He asked URP members to trust him.
Ruto was addressing a mammoth rally during inter-denominational prayers at Kapsabet Boys’ High School in Nandi.
The prayer rally for new Agriculture CS Willy Bett and PS Andrew Tuimur was presided over by the Anglican Archbishop Eliud Wabukala and his AIC counterpart Bishop Silas Yego.
The DP said those against the folding up of URP have ulterior motives.
Leaders at the prayer rally included CSs Charles Keter (Energy), Henry Rotich (Treasury) and Phyllis Kandie (Labour) and governors Cleophas Lagat (Nandi), Jackson Mandago (Uasin Gishu) and Alex Tolgos (Elgeyo Marakwet).
Others were MPs Moses Kuria (Gatundu South), Kirwa Bitok (Mosop), Julius Meli (Tinderet), Elijah Lagat (Chesumei) and Cornelius Serem (Aldai), and senators Stephen Sang (Nandi) and Isaac Meli (Uasin Gishu).
Woman representatives present included Zipporah Kering (Nandi), Sabina Chege (Murang’a) and Rachel Shebesh (Nairobi).
Several principle secretaries were also at the rally.
Leaders said the bribery claims against Supreme Court judge Philip Tunoi were stage-managed for next year’s polls.
Keter said he supported Keiyo elders’ plan to perform a traditional ‘curse’ ritual to establish the truth.
“There is something wrong with some Kalenjin youths. They are fixing others just like the ICC case where they made false statements for cheap money,” he said.

IDP RESETTLEMENT UNDERWAY BY THE GOVERNMENT

The government has begun profiling the remaining IDPs in the Rift Valley to complete the resettlement of the 2007-08 post-election violence and forest evictees.
It is estimated that 15,000 IDPs are yet to be resettled.
Speaking to the Star in his Eldoret office on Friday, Uasin Gishu county commissioner Abdi Hassan said only genuine IDPs will be compensated.
“We want to deal with real victims and not those masquerading as IDPs,” he said.
“Those claiming to be IDPs must prove it. The government wants to complete the resettling once and for all.”
The last phase of resettlement will cost more than Sh5 billion.
A task force comprising officers from the presidency and Interior ministry has visited counties including Nakuru and Uasin Gishu to assess IDPs, many still in small camps.
Hassan said the government has spent heavily on IDPs and the resettlement must now come to an end.
“Those who missed out pleaded with the government to consider them and luckily their plea was heard,” he said.
After completion of the assessment, the IDPs will be paid cash to buy land in places of their choice.
Huruma MCA Peter Chomba praised the state’s bid to complete the transfer of IDPs.
“It’s a welcome move but we want proper profiling so that none of the genuine victims will be left behind,” he told the Star on the phone yesterday.

MUDAVADI:AM NOT A MT.KENYA PROJECT

Musalia Mudavadi has dismissed claims he is being used by Mt Kenya people to ensure President Uhuru Kenyatta retains his seat in the 2017 general election.
The Amani leader said he is not a cowardly candidate for the race and underlined his seriousness in vying for the seat.
"All these politicians - Raila Odinga, his father Jaramogi Oginga Odinga, former President Daniel Moi and Martin Shikuku - at one time supported and backed a candidate from Mt Kenya, so they should stop labeling me a project," he said.
Mudavadi, who has served as Deputy Prime Minister and Vice President, further noted that he will compete against candidates who have run more than once for the top seat.
"The other candidates have vied more than once, including Uhuru who won after standing for the second time. Raila Odinga has vied three times," he said.
"How come when Mudavadi performs his constitutional right of vying for the second time he is branded a project?"
He spoke at Kabiro grounds in Kawangware, Nairobi, during his party's launch of a voter registration exercise on Monday.
Mudavadi said his journey to State House has began with sensitising supporters to register as voters turn up in large numbers for next year's August poll.
He discouraged travel upcountry saying this will deny some the chance to vote, affecting his numbers.
He also asked Luhyas living in Nairobi to vie for elective posts.

NYS:NINE SENIOR OFFICERS SUSPENDED

CONTROVERSY has rocked the National Youth Service yet again, after newly appointed Director General Richard Ndubai suspended nine senior officers for “being anti-change”, only a week after taking office.
The officers were swept aside in a wave of far-reaching changes, even as it emerged that NYS Deputy Director General Sam Michuki had promoted himself to the non-recognized title of Senior Deputy Director General.
According to insiders who spoke to the Star, the position has never been gazetted and therefore does not exist within NYS ranks.
The affected officers, all of the rank of Senior Deputy Director, were suspended last Thursday for a period of 90 days in one of a number of swift drastic changes in an institution dogged by massive corruption allegations.
Those shown the door include Stephen Mutunga (Administration), Enock Luseno (commanding officer Mombasa Technical College), Nicholas Ahere (Finance) and Cleopas Kemboi, senior deputy Director in charge of Transport at NYS Headquarters.
Others are David Awori (Senior deputy Director commanding the Bura/Tana River projects), Chabari (senior Deputy director HR), Sospeter Mabea (Senior deputy Director in charge of operations in Mombasa), Madam Kirigati (senior Deputy director audit and inspection) and senior deputy Director commanding the Engineering Institute Jame Momata.
With the exit of the nine senior officers responsible for overseeing the administrative functions of the institution, Ndubai is now left with only two senior deputy Directors, given that James Ounde, a senior officer of the same rank, is on terminal leave pending retirement.
It was unclear how the senior officers were suspended before they even met their new boss, amid concerns that the changes could bog down expected reforms at the Ruaraka-based institution.
This is because there could be serious transitional challenges due to loss of institutional memory after Claire Lwali, who stepped in after the resignation of Nelson Githinji,

THE SUPREME COURT SAGA

BRIBERY allegations against a Supreme Court judge took a new twist at the weekend, with claims that other judges shared the cash to rule in Nairobi Governor Evans Kidero’s favour.
Kidero, who is alleged to have given out Sh200 million, also spoke for the first time and dismissed the claims.
In a tweet on Saturday, senior counsel Ahmednasir Abdullahi called the Supreme Court’s integrity into question, when he claimed that more judges of the highest court in the land may have benefited from the alleged bribe.
Abdullahi said via Twitter on Saturday evening that the bribe “is not $2million (Sh200m). It is about $3m (Sh300m)”.
He further claimed that Sh200 million was for four judges, whereby two were paid separately.
Yesterday, a special Judicial Service Commission subcommittee investigating the Sh200 million bribery allegations against Judge Philip Tunoi began formally receiving evidence.
The committee, chaired by Prof Margaret Kobia, took the testimony of Judiciary Ombudsman Kennedy Bidali as first witness.
Bidali presented before the committee video evidence of a complaint from Justice Tunoi’s accuser Geoffrey Kiplagat, a chronology of events narrating how investigations were undertaken from the time of receiving the complaint to the time of it being tabled before the JSC.
The hearing was conducted in camera.
The subcommittee was formed on Wednesday last week by the JSC chairman, Chief Justice and President of the Supreme Court Willy Mutunga.
The Star tried getting comments from the seven Supreme Court justices on the claims and encountered mixed responses, with some refusing to respond to the messages we left on their phones.
But Justice Smokin Wanjala dismissed the assertions by Ahmednasir and asked counsel to present whatever evidence on the alleged bribery he has to the JSC subcommittee formed to investigate the matter.
He added, “In fact, the subcommittee should summon him so that he can say whatever he knows about these claims.”
Lawyer

TWO GIANTS IN COASTAL KENYA

The Coast region is proving to be a key battleground for Jubilee and Cord, with opposition leader Raila Odinga expected there this weekend.

The Cord leader lands at the Coast as President Uhuru Kenyatta continues his working tour of the region that kicked off on December 24.

The two political camps will be fighting it out for the Malindi by-election, with Raila expected to kick off ODM candidate Willy Mtengo’s run on Friday.

Uhuru has already campaigned for Jubilee candidate Philip Charo this week, despite earlier insisting that he was not at the Coast for political competition.

On the other hand, Raila is leading ODM in its bid to recapture the seat that fell vacant after Uhuru poached former MP Dan Kazungu and made him the Mining Cabinet Secretary.

Cord leaders led by governors Amason Kingi (Kilifi) and Hassan Joho (Mombasa) have been complaining about the President’s approach and strategy.

Kingi and Joho have also said that Uhuru has been undermining the spirit of devolution and sidelining them, accusing him of using the state machinery to intimidate them.

According to Nicholas Zani, an ODM politician, Raila will have to come to the Coast to campaign, saying ODM is taking the issue seriously.

“We believe ODM is the only party that can deliver and so we have to prove that,” said Zani.

Raila’s presence will boost his foot soldiers Joho and Kingi’s confidence as they have been at the receiving end from the ruling Jubilee Party throughout Uhuru’s extended stay.

Raila comes to guard against a possible falling out in ODM following Saturday’s nomination protests that culminated in naming Mtengo as the Cord flag-bearer on Tuesday amid protests from Justin Baya, who is contemplating defection.

On Tuesday afternoon at Mtwapa, Uhuru hit out at leaders, saying he is “not in competition with them”.

This was just hours after Raila, in Nairobi, declared ODM would win the Malindi seat even if Uhuru “camps in Kilifi for a whole year”.

Uhuru said he is only working to fulfill pledges he made to Kenyans and his only competition is the time given to him to achieve his goals.

“I am not in competition with any governor, any MP or any other leader. No one will stop me from doing what Kenyans elected me to do. I will implement development in all parts of the country without discrimination,” he said.

Kilifi North MP Gideon Mung’aro, his Kilifi South counterpart Mustafa Iddi and Ganze MP Peter Shehe urged the two governors to respect the President.

They said Joho and Kingi should “go slow” on criticizing the President for his longest and most historic stay in the region.

“He is the only President all Kenyans have and must be respected, irrespective of the political allegiance we have. Governors Kingi and Joho need to cooperate with Uhuru to actualize their development agenda for their people,” Shehe said.

Mung’aro, who has been in the presidential entourage in the Mombasa, Kwale and Kilifi tours, said Uhuru has good plans for the Coast people, but needs to be given the space and time to implement them.

KENYAN SOILDIERS FATE UNKNOWN

The fate of at least 12 Kenyan soldiers held by al Shabaab remains unknown, almost a week after the attack on the KDF El Adde base inside Somalia.

Sources in Somalia said the militants have moved the hostages from a village towards Jilib in the Middle Juba region on the main road from the capital Mogadishu.

A top commander only identified as Major Obuoge is said to be among those captured. Military officials will neither deny nor confirm the claims.

It is not known whether in moving the hostages the terror group was escaping from aerial bombardment by the Kenya Air Force.

Amisom seeks to reclaim the base lost after last Friday’s attack.

Jilib is the stronghold of the militants’ leadership, including leader Ahmed Abu Ubaydah. The terrorists are believed to have escaped with a Kenya-owned armoured personnel carrier seized during the attack.

Residents of El Adde and villages nearby said they heard loud explosions from the direction of the besieged KDF base on the morning of the attack.

Some al ShabaabAFFILIATED WEBSITES purportedly showed the militants inspecting military vehicles they seized from the base. They also showed razed military vehicles.

Shabaab spokesman Abdiaziz Abu Mus’ab, through Radio Andalus, which is owned by the group, said the soldiers “are in mujahedeen jail”.

On Saturday, al Shabaab also broadcast recorded voices of what they said were captured KDF soldiers.

One of the alleged captives said he is called Isaac Balewa. “I’m appealing to the government of Kenya and the African Union to facilitate our release peacefully from al Shabaab so that we can go on with our daily lives,” he is heard saying.

Military officials said the operation to rescue the officers is very delicate as they are being used as human shields.

“We don’t want more casualties,” the Chief of Defence Forces, Gen Samson Mwathethe, said on Sunday.

The scene of the attack remains dangerous, as it is believed the terrorists may have heavily mined and booby-trapped it. The bodies of Kenyan soldiers are said to be still at the scene of attack, which is now almost inaccessible.

So far, about 30 survivors and an unknown number of bodies have been brought back to Nairobi kenya

AFANDE LINDA OKELLO DEMOTED!

Officer Linda Okello who gained popularity over a skirt deemed immodest, has been demoted following corruption allegations.
Okello shot to fame when images of her in the skirt went viral on social media. The officer was later voted one of the woman representatives in the service.
She landed in trouble when Sh1,000 was found in her pocket during a sting operation last Saturday on officers receiving bribes at Kirigiti area in Kiambu.
Two of her colleagues escaped but Okello stayed put. Traffic commandant Jacinta Muthoni sanctioned disciplinary action against her.
Okello was demoted from a corporal to a constable. The decision has drawn mixed reactions from the rank and file in the police force.
An officer who sought anonymity said it was unfair to demote Okello without evidence of corruption. Others want her charged in court.
Reached for comment on Tuesday, Muthoni told thecountywatchkenya: "I cannot comment on administrative issues. Who leaked the information? I will not comment; ask the higher authorities."

RAILA LAUGHS OFF UHURU

Raila Odinga has laughed off President Uhuru Kenyatta's stay at the Coast since December 24, 2015 saying his campaigns are "a waste of time".
The Cord leader accused Uhuru of using the trip meant for the launch of development projects to campaign for Jubilee ahead of the 2017 general election.
"Even if Uhuru stays in Mombasa for one year, I will only need a day to recapture support," Raila said on Tuesday.
He said the people of the Coast cannot vote for Jubilee in the election as it is a Cord stronghold.
Uhuru has been running the government from State House, Mombasa in what has been seen as the state's strategy to endear itself to the people.
But he did not get a warm reception from Governors Hassan Joho (Mombasa) and Amason Kingi (Kilifi), both key allies of Raila's.
Regarding the Malindi Member of Parliament seat, Raila said: "From last year Christmas, Uhuru has been in Mombasa, but we will clinch it."
The seat fell vacant when Dan Kazungu resigned and took over as Mining Cabinet Secretary following a nomination by the President. The Malindi constituency by-election is set for March 7.
ODM election board on Tuesday announced Willy Baraka Mtego as the party flag bearer after acrimonious nominations. 10 aspirants had contested for the party's nomination.
The Opposition chief reiterated Cord's plan to defeat the Jubilee government in the next poll, by five million votes, saying its leaders have failed to provide basic services.
"Cord soldiers, I direct you... Take up your weapons - get IDs and voters' cards - so that if I say 'forward match' it is 'forward match'. If I say 'fire', you fire," he told cheerful supporters outside Milimani law courts.
This was after the Independent Electoral and Boundaries Commission cleared Bungoma Senator Moses Wetang'ula of voter bribery claims during the March 4, 2013 general election.
Regarding national issues that have plagued the Jubilee government, Raila said: "If it comes to lands you know who the Kingpin is. If it is the Eurobond... In fact we are not yet done with the Eurobond."
In his latest remarks on the Sh250 billion fund, Raila named several people as "persons of interest" in what he says was the misuse of funds.

UHURU ORDERS FOR SCHOOL AUDIT

PRESIDENT Uhuru Kenyatta has ordered an audit of how public primary and secondary schools have spent the billions in free learning cash released to them across three years.
Free Primary Education funds were first rolled out in 2003, with each child getting Sh1,020 per year.
In 2014, the Jubilee government increased FPE to Sh1,420 to cater for an estimated enrollment of about 10 million children in about 23,000 public primary schools. Annually this costs Sh14 billion.
The FPE cash is divided into school instructional materials and the general purpose account that initially got Sh650 and Sh350 respectively, totaling Sh1,020.
With the increase of capitation to Sh1,420, it is unclear which components benefited most, although the general purpose account is said to have got the larger share of the Sh400 increment.
Cash for Free Day Secondary Education started in 2008, with an initial capitation grant of Sh10,265 per student per year.
The Secondary fund has been increased to Sh12,870 and currently benefits about 2.3 million students in about 8,000 secondary schools. Every year Sh30 billion is released to the Secondary School programme.
The FDSE increase of Sh2,065 mainly benefited the tuition, repair maintenance improvements, transport, insurance and electricity and water conservancy vote heads.
Uhuru’s directive on the audit was confirmed by Education Cabinet Secretary Fred Matiang’i, who said: “The President has demanded that the audit be carried out in seven days, and the report presented to him on Thursday this week.”
The billions of shillings released by government that trickles down to the schools in the thousands and millions has to be accounted for to enhance quality education, Matiang’i said in what appears like a wake-up call to school heads who continue to charge parents extra levies despite government financial support to schools.
Matiang’i said the audit would establish how the amount of money received by schools was spent from 2013, when Jubilee was elected.
The CS added that while schools continue to charge extra levies the government has disbursed an estimated Sh150 billion in the last three years to cater for maintenance and infrastructure alone.
It is unclear how the counties will manage to corroborate the audit in seven days.
In 2009, a forensic audit by Treasury discovered that between Sh4.6 billion to Sh8.2 billion, mainly donor cash for FPE for the period between 2005 and 2009, could not be accounted for at Education ministry level.
The donors promptly stopped funding FPE.

ICC BATTLE

AFTER heated four-day submissions at The Hague, focus now shifts to two critical decisions in the case against Deputy President William Ruto and journalist Joshua Sang.
The no-case-to-answer hearings ended last Friday, with judges questioning why the prosecution wanted them to look at the quantity and not the quality of evidence.
The first decision is on the use of recanted evidence at the Appeals Chamber, which will weigh heavily on the no-case-to-answer application.
The trial judges allowed ICC Prosecutor Fatou Bensouda to use primary statements of five witnesses who recanted their evidence, under Rule 68.
Ruto and Sang, however, appealed the decision while Kenya used diplomatic means to have the Assembly of States Parties restate that the rule cannot be used retroactively. Bensouda has told the Appeal judges to ignore the agreement reached by the ASP last year, saying it was irrelevant to the proceedings.
If the Appeals Chamber rules in favour of Ruto and Sang, she could lose what she has termed crucial evidence that can aid a conviction.
“Without the prior recorded statements the prosecution would be deprived of a significant portion of the incriminating evidence against the accused,” Bensouda told the trial judges before their decision.
The second decision will arise from last week’s hearings, in which Ruto and Sang are seeking to have the cases terminated.
Ruto said his case was in tatters even before the trial started, adding that the judges should not only consider the amount of evidence presented, but how credible it is.

WAIGURU MAY BE LUCKY AGAIN

PRESIDENT Uhuru Kenyatta is considering elevating an important budget office to a division of State House and appointing former Devolution CS Anne Waiguru to head it.
The proposal has met fierce opposition by senior government officials.
According to sources privy to the strategy, it has caused a falling out among top government officials, with one group working round the clock to ensure the former powerful Devolution and Planning Cabinet Secretary does not come back.
The Office of Management and Budget (OMB) has been a unit in the Ministry of Devolution.
Sources say the President has also considered giving Waiguru the Secretary to the Cabinet position, which remains vacant after Francis Kimemia’s exit.
Uhuru's earlier choice for the job, Monica Juma, was rejected by Parliament and is now the Principal Secretary in the Foreign Affairs ministry.
The Star has learnt the growing opposition by senior government officials to Waiguru’s possible return to the fold includes State House officials.
Some of those opposed to her return have argued that giving her such a position would make her one of the most powerful people in government.
“Those opposed to Waiguru's return argue that this would help propel the idea that State House has been shielding her. They also argue that the President would have a hard time seeking parliamentary approval if it is needed for her new position,” the source said.
Other sources told the Star that some of those opposed to her return fear she will take away their power and block their commercial vested interests in key government tenders.
One group of those opposed to her return reportedly met at the Ole Sereni Hotel last Wednesday to plot how to ensure she does not come back.
Those present included a top official at the Attorney General's office, the son of a top State House official and an MP from the Central region.
Another meeting has since been held in Muthaiga at the MP’s residence.
“The discussion was on engaging an American lawyer to manufacture claims that she has offshore accounts holding Sh4 billion,” said a source privy to the meetings.
When she quit her job in December, Waiguru said that she would take up “light duties” if Uhuru deemed it fit to give her another job.
She repeated this in a recent interview with Citizen TV, where she accused various forces of a witch-hunt, adding that she was no longer naive.
“I am not as naive as I was before, I trusted everybody I came across . . . now I take most things with a pinch of salt,” Waiguru said in the interview.
The Office of Management and Budget, a concept popular in the US, is supposed to be operational from February 2016, according to sources in government.
The OMB is the largest office in the Executive Office of the US President based in the White House and is replicated across America in the governors’ offices.

12 DIED ON BUSIA ROAD ACCIDENT

Twelve people were killed and 15 injured on Sunday, in four separate accidents, three of which occurred in Homa Bay county.
In the first accident in the morning, a lorry driver lost control and crashed into a boda boda ferrying three passengers at Kadel trading center in Rachuonyo North subcounty.
The boda boda rider and two passengers died at the scene while the third victim was taken to Homa Bay County Teaching and Referral Hospital with injuries.
The lorry driver is said to have continued to Nyangweso trading centre where he rammed into a house killing a six-year-old boy.
The boy's mother and three siblings were injured and taken to the county hospital.
In the third incident, a mother and her three children died when a matatu headed from Oyugis to Kisumu collided with the boda boda they were travelling on. Boda boda rider Samson Owiti also died in the accident.
The mother and children were identified as 45 year-old Silpa Adhiambo and her children Michel Awuor (six), Ida Akinyi (nine) and Sivia Akinyi (12).
Witness William Oindi said the accident occurred while three matatus rushed to pick passengers.
"The motorcycle was on a dangerous part of the road. The driver of the first matatu did not alert the one behind him. The vehicle rammed into the motorcycle before landing on its side off the road," he said.
Homa Bay county commander John Omusanga said the matatu driver was arrested and taken to Oyugis police station.
"We have launched investigations so that legal measures are taken against those who bend traffic laws,” Omusanga said.
He said the bodies of those who died in Rachuonyo and that of the six year-old boy were taken to the the Homa Bay hospital mortuary.
The bodies of the victims of the third accident were taken to Rachuonyo subcounty hospital mortuary.
In the fourth accident which occurred in the evening, three people were killed and 10 injured when a matatu collided with a private car at Munami along Busia-Bungoma road.
Two people died at the scene and one upon arrival at St Mary's Hospital in Mumias, where those injured were taken.
St John Ambulance communications manager Fred Majiwa said those who died were a three year-old child and his parents.