The Anchor: Send your views

The Anchor: Send your views

The Anchor: Send your views

The Anchor: Send your views: What do you think? The Editor welcomes you to read this web edition of The Anchor. Each time The Anchor rolls out of the Press, the c...

Send your views

What do you think?


The Editor welcomes you to read this web edition of The Anchor. 
Each time The Anchor rolls out of the Press, the contents are uploaded to this blog.You can now read about the events taking place within the Machakos, Kitui and Makueni Counties.

We welcome your comments about your impressions on this blog and content. You may also indicate your location and stories that you may want featured. 

Send your comments to info@theanchormedia.org or editor@theanchormedia.org

The Anchor: The Anchor: The Anchor Oct 2011: Ngilu- Kalonzo du...

The Anchor: The Anchor: The Anchor Oct 2011: Ngilu- Kalonzo du...: The Anchor: The Anchor Oct 2011: Ngilu- Kalonzo duels : Mrs Ngilu at Ndovoini Borehole in Kangundo Ngilu, Kalonzo hold swords aloft By N...

The Anchor: The Anchor: Read The Anchor

The Anchor: The Anchor: Read The Anchor: The Anchor: Read The Anchor : Opening New Frontiers in Kenya's Journalism Now you can read about the issues that define life in Lower Ea...

The Anchor: Read The Anchor

The Anchor: Read The Anchor: Opening New Frontiers in Kenya's Journalism Now you can read about the issues that define life in Lower Eastern Province- the area cov...

The Anchor: Read The Anchor

The Anchor: Read The Anchor: Opening New Frontiers in Kenya's Journalism Now you can read about the issues that define life in Lower Eastern Province- the area cov...

Read The Anchor

Opening New Frontiers
in Kenya's Journalism



Now you can read about the issues that define life in Lower Eastern Province- the area covered by the three Counties of Kitui, Makueni and Machakos.

The Anchor: The Anchor Oct 2011: Ngilu- Kalonzo duels

The Anchor: The Anchor Oct 2011: Ngilu- Kalonzo duels: Mrs Ngilu at Ndovoini Borehole in Kangundo Ngilu, Kalonzo hold swords aloft By Nguma Kitone W ater and Irrigation minister Charity...

Read The Anchor

Opening New Frontiers
in Kenya's Journalism

Now you can read about the issues that define life in Lower Eastern Province- the area covered by the three Counties of Kitui, Makueni and Machakos.

The Anchor Oct 2011: Ngilu- Kalonzo duels

Mrs Ngilu at Ndovoini Borehole in Kangundo

Ngilu, Kalonzo hold swords aloft

By Nguma Kitone

Water and Irrigation minister Charity Ngilu has told her enemies to brace for a bruising political battle with her in future.  “I want to tell those fighting me politically to be prepared because I will soon take them head on’, cautioned the Kitui Central MP.

The Anchor october 2011: Machakos Liquor Court

Liquor Court 

rejects 109 bars

MACHAKOS  District Liquor Licensing  Court announced a rejection of 196 bar license applications out of the 406 gazetted ones.

The Anchor October 2011: Kanziku Residents seek to restrain firms

Kitui residents

fight cement firms

Residents of Kanziku/ Mathima location in Mutumo district,Kitui County have moved to court to stop several mining companies from prospecting in the area.

Lawyers Onesmus Makau and Bigambo Abucheri represented the petitioners who also want the Respondents restrained from evicting them from the land in question. The petitioners sought interim orders from the High Court in Machakos stopping  the respondents and government agencies from  demolishing, transferring or in anyway alienating the suit premises pending the hearing and determination of the petition.

But judge Kihara Karanja declined to grant the prayed orders arguing there was no sufficient evidence to proof claims of harassment and intended forceful eviction of the petitioners by the respondents.

Judge Kihara gave the petitioner’s led lawyer Makau the option and liberty of seeking for more evidence to support the claims.

The respondents include Athi River Mining,Devki Cement and Steel Industry,East African Portland Cement Company,Criss Cross Company Limited and Bamburi Cement Company Limited.

Others are Ministry of Mining and Natural Resources, the Attorney General,National Environment and Management Authority,Kitui County Council and the Chief for Mathima Location.In their application,the lawyers for the petitioners claimed respondents one to five as listed above had threatened to evict their clients form their land.

They argued the petitioners will be rendered landless, homeless and would suffer gross violation of their inalienable human rights.In his affidavit, Solomon Malyunga said the residents of the affected areas will be greatly prejudiced and stand to suffer irreparable loss and damages if the five cement companies proceeded with the mining activities and enforcing their eviction notices.As the court matter rolled out. residents of the coal-rich Mui basin in Kitui county were laying tough conditions they want coal industry investors to meet before commencing mining.

This is part of positioning themselves to engage positively within the 500 square Kilometer coal belt nominated the Mui Mines and Minerals Company Limited to negotiate with ministry of Energy and would-be investors.During a coal delegates meeting held at the Mathuki Secondary School in Mui division of the Mwingi East district, Malili Ranch lawyer Erick Kyalo Mutua was named to represent the Mui Coal Basin Community. He is mandated to negotiate, make inquiries and communicate on behalf of the coal-belt community.The belt has an estimated 400 million tons of coal deposits and straddles Kitui and Mwingi districts. At the meeting, the community demanded that the ministry of Energy recognizes the community as an indispensable stakeholder in coal mining business. The meeting chaired by retired Assistant Commissioner of Police Charles Mukungi resolved that it must be involved in every step of the way in the planning and execution of the mining process. It remains to be seen how the lobby with engage the investors in vies of the many cases that are yet to be resolved in court. The meeting also demanded that the coal extraction factory be set up within the Mui basin and offer 90 per cent of jobs to locals. They insisted that the community should be entitled to 80 per cent of the royalties derived from the mineral resource.

The Anchor October 2011: Mwala wildlife victims compensated

Mwala wildlife

victims get cash

Four victims attacked by wild animals in Mwala district have received Sh 200,000 from the Kenya wild life service [KWS] as consolation for the injuries they suffered.

The Anchor October 2011: Kalonzo Vs Musyimi

Kalonzo: Will Mutava change

the game in Ukambani politics

 The entry of Gachako MP Mutava Musyimi in the race to State House is causing nightmares in the Vice President Kalonzo Musyoka’s camp.

The Anchor October 2011: Yatta Canal

Storm brewing over use

of water in Yatta Canal

By Anchor Reporter

AN Effort to narrow the differences between the Vice President Kalonzo Musyoka and Yatta MP Charles Kilonzo has resulted into a row over the Yatta Canal.

The Anchor October 2011: Makueni County Council

Syokati elected  Makueni Council

Boss as County Clerk is removed

By Daniel Kituku

The elections of chairmanship and various council committees of County Council  Makueni were finally held  after the High Court quashed a court order filed last month  and another order early this month by a section of councilors stopping the elections.

The Anchor October 2011; Governance

'Awards' winning Sacco yet

to attain SASRA recognition

Masaku Teachers Sacco bags baffling fifth

'international award' as members crave for dividends

BAFFLING awards to the mismanaged Masaku Teachers Sacco notwithstanding, some members are rising the red flag, alleging impropriety in the management of the once vibrant sacco.

The awards have now made the sacco the town’s laughing stock with residents wondering why anyone would award an organization that does not provide any benefit to its members. As we went to press, the Sacco has bagged five international awards, the latest being two weeks old. The awards winning spree is a stunt that the sacco is using  as a gimmick to hoodwink teachers that all is well at Mwalimu House.

“Just what are they awarding?.” Asked Mrs Brenda Kioko a teacher of 22 years who withdrew from membership some six years ago?

This has been the big question. The last time an audit was done at the sacco,  debts running close to a billion  were discovered and the matter remains unresolved. Matters have not been helped by findings that the Sacco Societies Regulatory Authority(SASRA) has yet to license the teachers sacco.

This means that the award winning Sacco is currently operating a Front Office Service (FOSA) illegally. To demonstrate that Masaku Teachers Sacco is at the verge of dissolution unless something drastic happens, The Anchor has donated space elsewhere in this paper to inform its readers all Sacco societies registered by SASRA.

Even as as these shameless stunts continue angry members are rising the

 red flag over alleged deep rooted corruption that has led to non payment of dividends concerned.

“We are cheated that the sacco has received several Awards but according to our investigation,Mr Kyelenzi and his chairman are just beating about the bush but time has come to spill beans. Teachers have suffered for long and we appeal to our  able media houses to expose the rot since the sacco is on the blink of collapse once again”

The say the ministry of the co-operative development and marketing carried out an inquiry into the mal-prac-tices in the Masaku teachers Sacco Society Ltd.According to our investigations, but it seems the management has now compromised officials of the Co-operatives ministry. They allege the awards may have a link with corruption and the sacco is paying heavily for funding international trips for officials to receive the awards..

The accuse a top manager of buying himself two brand new cars, yet the society cana not pay dividends.

The teachers claim the loaning policy of first come first served is also grossly violated and loans are only available to a section of membership who are perceived to be loyal to the system. “The decline in the Sacco’s loaning performance has forced most of our members to seek loans from commer-cial banks and other financial in-sti-tutions to cushion them-selves from the harsh and hostile economic hardships facing almost everybody in Kenya today”, a letter in possession of The Anchor says.

The tough economic conditions that has  faced the society has seen the greatest decline in membership . Earlier, the mem-bership stood at over 11000 be-fore the society management  ran amok., The sacco lost over 2000 members through vol-un-tary withdrawals, retirement or natural attrition. This represents an 18.6% decline.

 

Contribution policy pegged to loaning

In some cases, free loans and advances were awarded to these members and some ended up receiving hundred of thousands of shillings. 

“When Kyelenzi  took over we were promised  that we would be able to obtain members loan details at the click of a button at the reception”, but that is a pipe dream, they say.

Members have  been carefully looking into the operations of the FOSA. We have been keenly studying the op-erations of the main office as well as those of the  branches. “The main office has been making a profit from its monthly activities but the branches, during the year under re-view recorded huge losses thus eating into the surplus netted at the head office.

Well connected committee members, those loyal to the systems have jumped into the band-wagon and like the rest pocketed what was allowed to them.

The Anchor October 2011; Opinion

 OPINION

Drought Policy: Why do

we seem to get it all wrong?

By Mesh Musyoki

There was a time on this part of the world when leaders were defined and to a great extend guided by principles, vision and philosophy.

The Anchor October 2011: Opinion

OPINION

 

What will Catholic Church

do with valid, but illicit Bishops?

By Bishop Daniel Kasomo 

On 6th June 2011The Pontifical Council for Legislative Texts clarified some details regarding the correct application of canon 1382 of the Code of Canon Law (C.I.C.), especially in relation to the canonical responsibilities of the subjects involved in an Episcopal consecration without the necessary apostolic mandate. The Text applies to the universal Church. The Text explains the meaning of automatic excommunication, how and when it is applied, according to Canon Law. Excommunication does not mean expulsion from the Catholic Church. After receiving baptism, a person is a Catholic forever. This sacred seal can never be removed. Excommunication is “medicinal,” which means the perpetrator can be recovered from sickness, that is, to get reconciled with the Church.

1.The question, as such, does not give rise to doubts about the law as such, but only requires some elucidations which serve to ensure adequate knowledge of the most important points of the penal norm and the manner in which it should be held to be applicable in concrete cases, taking into account the personal circumstances of the subjects who take part in committing the offence.

2. As is known, Canon 1321 defines an offence as an external violation of a law or precept, gravely imputable by reason of malice or culpability. The canon adds that where there has been an external violation, imputability is presumed, unless it appears otherwise (Canon 1321 § 3). For the offence to exist, it suffices that the offender know that he is violating a canonical law; it is not necessary that he know that a penalty is attached to the canonical law.

Canon 1382 C.I.C. punishes with a latae sententiae excommunication reserved to the Apostolic See the Bishop who without the apostolic mandate consecrates someone as Bishop and also whoever receives episcopal ordination in this way. This offence violates Catholic teaching confirmed, among other things, by the Dogmatic Constitution Lumen Gentium, Nos. 22 and 24, and by the Decree Christus Dominus, No. 20, and included in Canon 377 § 1 C.I.C.: “The Supreme Pontiff freely appoints Bishops or confirms those lawfully elected” and in Canon 1013 C.I.C.: “No Bishop is permitted to consecrate anyone as Bishop, unless it is first established that a pontifical mandate has been issued”.

Canon 1382 C.I.C. is, first of all, a disciplinary norm of the Church which, as Canon 11 C.I.C. indicates, holds only for the baptised members of the Catholic Church or for those already received into it. Furthermore, it corresponds to the offence described in Canon 1459 § 2 of the Codex Canonum Ecclesiarum Orientalium, even if there are no latae sententiae penalties in the penal tradition of those Churches, which is why the same penalty is inflicted ferendae sententiae.

3. The offence punished by Canon 1382 C.I.C. is one committed both by the Bishop who consecrates and by the cleric who is consecrated. Furthermore, since episcopal consecration is a rite in which it is usual that more ministers participate, those who assume the responsibility of co-consecrators, that is, who lay hands and recite the consecratory prayer in the ordination (cf. Caeremoniale Episcoporum, Nos. 582 and 584), are co-agents of the offence and therefore equally subject to the penal punishment. This interpretation has also been confirmed by the tradition and recent practice of the Church.

4. However, with regard to the punishment of the offence, the penalty of excommunication stipulated by Canon 1382 C.I.C. is subject to the general conditions required by canon law for the effective and completely certain incurring of a latae sententiae punishment. As is well known, apart from the general penal punishments inflicted ferendae sententiae by the legitimate authority by means of a sentence or decree on the conclusion of the corresponding penal procedures, the canonical system also contains so-called “latae sententiae” penalties, which do not depend on an external judge who inflicts them but only on the committing of the offence, without prejudice to what is prescribed in Canon 1324 § 3. This Canon exempts from the specific latae sententiae penalty if it is found that there are circumstances which, in accordance with § 1 of the same Canon, though not excluding the penalty as such, mitigate it. Canon 1324 § 3, in fact, specifies that the offender does not incur the latae sententiae penalty if one of the circumstances listed in Canon 1324 § 1 is found to exist. 

Hence, in the case of an episcopal consecration without the apostolic mandate, each subject is to be considered singly and according to his own personal circumstances as far as incurring the penalty of latae sententiae excommunication reserved to the Holy See is concerned. These personal circumstances may be very different and, in some cases, may constitute attenuating circumstances stipulated by the law. In this regard, Canon 1324 § 1 C.I.C. points out that the heat of passion, being a minor, grave fear, even if only relative, necessity, unjust provocation, or ignorance of the canonical penalty, for example, are attenuating circumstances which exclude the latae sententiae penalty in the forms indicated by the law.

Few of these circumstances may be found to exist in the offence of consecration without a mandate. There is, however, a set of attenuating circumstances described in Canon 1324 § 1, 5° C.I.C. which history has shown to be compatible with offences of this nature: when the person, who committed the offence as the one ordaining or the one ordained, was “compelled by grave fear, even if only relative, or by reason of necessity or grave inconvenience”. In the concrete case of an episcopal consecration without the mandate, the attenuating circumstance of grave fear or grave inconvenience (or the exempting one of physical violence) must therefore be verified in relation to each of the subjects who intervene in the rite: the consecrating ministers and the consecrated clerics. Each of these knows in his own heart the degree of his personal involvement and right conscience will indicate to each one whether he has incurred a latae sententiae penalty.

5. With regard to the canonical responsibilities of the subjects involved in an episcopal consecration without the necessary apostolic mandate the following, however, must be added.

The external committing of an act punished by Canon 1382 C.I.C. spontaneously provokes reactions among the faithful, including scandal and confusion, which may in no way be underestimated and which call for the Bishops involved to recover their authority through signs of communion and penance, which can be appreciated by everyone and without which “only with difficulty could a Bishop’s governance be accepted by the People of God as a manifestation of the active presence of Christ in his Church” (Pastores Gregis, No. 43). Bishops, in fact, as the Second Vatican Council teaches, govern the particular Churches entrusted to them “by their counsel, exhortation and example” (Dogmatic Constitution Lumen Gentium, No. 27; cf. Canon 387 C.I.C.).

Furthermore, we recall that Canon 1331 § 1 C.I.C. points out that the excommunicated person is prohibited from 1) taking part as a minister in the celebration of the Eucharist or any other ceremony of public worship; 2) celebrating sacraments and sacramentals, and receiving any sacrament; 3) exercising ecclesiastical ministerial functions or acts of government. These prohibitions enter into effect ipso iure at the very moment in which a latae sententiae penalty is incurred. Hence, there is no necessity for any authority to intervene to impose these prohibitions on the subject: awareness of having committed an offence suffices for the person who has incurred the punishment to be held before God to abstain from such acts, on pain of committing a morally illicit and therefore sacrilegious act. However, even acts derived from the power of order and carried out in these circumstances of sacrilege would be valid.

6. Obviously, all that precedes does not exclude the possibility, in cases of episcopal ordination without the papal mandate, of the Holy See’s finding itself in the position of having directly to inflict censures on the subject, for example, were an attitude incompatible with the requirements of communion to be shown by his successive behaviour or reluctance to provide the necessary explanations about the degree of his involvement in the offence. Furthermore, on obtaining new and certain information, the Holy See could even find itself having to declare the latae sententiae excommunication or impose other punishments or penances, were this necessary in order to repair the scandal, dissipate the confusion of the faithful and, more generally, safeguard ecclesiastical discipline (cf. Canon 1341).

The penalty of latae sententiae excommunication stipulated by Canon 1382 C.I.C. is a censure reserved to the Holy See. As a censure, it is a so-called “medicinal” penalty, because its aim is to move the offender to repent: once he has demonstrated that he has sincerely repented, he acquires the right to be absolved from the excommunication. Furthermore, since it is reserved to the Holy See, the repentant offender can approach only to the Holy See to obtain absolution from the excommunication and be reconciled with the Church. Below is a little explanation on the above text:

In the first paragraph, the meaning of the text is explained, which seeks to clarify code No. 1382 for an adequate knowledge of penal norms related to illegal ordinations and how to adopt them properly.

The second deals with the “crime” as an external act, which is a violation of Church law. According to Catholic doctrine, this act is considered a “crime against the Catholic doctrine” (and it cites the Second Vatican Council and other documents, noting that this principle is accepted by the Eastern Churches). The “crime” to which it refers is illicit ordination, when it is conducted without papal mandate.

The third section explains who the people involved in crime are: the consecrating bishop, the consecrated and participating bishops.

The fourth paragraph explains that faced with this crime, the Church has two ways to impose a penalty: ferendae sententiae and latae sententiae: the first comes at the conclusion of a real trial, in which the penalty is imposed by a court with a sentence. In the second case (latae sententiae), there is no need for explicit ruling of the court. The act already done automatically implies excommunication.

The Code also indicates a number of circumstances for which the latae sententiae penalty is mitigated (e.g. fear of serious physical violence, external conditions, ignorance,...). According to Code 1324, par. 3 if there were mitigating circumstances, the latae sententiae penalty is not incurred. In this way - even if the sentences are a little confused - it gives space to each bishop, who has been implicated in acts against the Catholic doctrine, to personally verify his position.

In the fifth paragraph, it is stated that since there have been actions that have caused scandal to the faithful, the bishops involved must find a way to remedy by making due penance.

Those who admit to have fallen into this crime and this excommunication shall refrain from three things: 1) taking part in the celebration of the Eucharist as a minister or any other ceremonies of public worship, 2) celebrating the sacraments and sacramentals and receiving any sacrament, and 3) exercising ministerial functions and carrying out acts of ecclesiastical government. “

If they do so, even knowing this, they are making gestures against God’s law and thus committing sacrilege. The sixth paragraph says that the Holy See may have to directly censor bishops who have this canonical responsibility. This will depend largely on their refusal to explain themselves, or their decision to continue to perform acts contrary to communion. The Holy See can declare that they have already fallen into excommunication, or launch other penalties against them. The text concludes by recalling that these measures are primarily a “medicine”, which tend to heal and reintegrate into the communion of the Church.

Pope Benedict XVI in His Book Light of the World states that: once such a (valid but illicit) bishop acknowledges the Primacy of the Pope lifting of the excommunication is basically automatic.

Automatic excommunication would not apply in certain circumstances, in particular if the participating bishop acted “out of grave fear, even relatively grave, or out of necessity or out of serious inconvenience.” Circumstances need to be verified and evaluated for each Bishop.

Archbishop Kasomo Daniel was consecrated on June 24, 2009. Solemnity of the Nativity of Saint John the Baptist. He is a Roman Catholic Bishop and The Founder and Prelate of The Society of St. Peter and Paul Inc.