MAIN STORY
The facts
and figures
Strange Hands in Malili Saga
By Martin Masai
DETAILS are emerging that officials and politicians will pocket not less than Sh 300m in total from pilfering with payments meant to buy 5,000 acres of land from poor Malili farmers.
In effect, the tricksters will have stolen from the common man and not the government, hence the indifference that the State is showing in pursuing thieves taking advantage of uninformed villagers.
This comes as reports emerged that the Kenya National Audit Office (KENAO) had ordered an thorough investigation to get to the root of the scandal where leaders are stealing from the very poor.
Based on simple calculations, 112 out of 609 farmers were paid Sh 1.4 for each of their parcel of land measuring 7.8 acres. This translates to Sh 156.8 million out of the first instalment of Sh 400m that the government paid to Malili Lawyer Mr Eric Mutua.
It means that by the time Kangundo MP Johnson Muthama entered the fray and caused the removal of Malili Chairman and Treasurer Peter Kanyi and Julius Kilonzo respectively, Sh 243.2m was yet to be paid out to members.
After David Ndolo Ngilai became the chairman, a new resolution to pay farmers Sh 1.1m per parcel was made. It means that Mr Ngilai and his team needed to pay the remaining 497 members at the new rate. Simple calculations show the farmers would share out Sh 546.7m. This figure, put together with Sh 156.8 paid out by the Kanyi group shows that farmers will take Sh 703.5m from the Sh 1b that the State is paying for the entire 5,000 acres.
The 609 beneficiaries of Malili own 7.8 acres of land each, meaning that the total acreage they sold to the State was 4,750. The entire area had been planned complete with roads and public utilities that make up over 250 acres, to bring together the entire land that the ministry of information wanted to construct what is being known as the Malili Technopolis. Multiplied with Sh 200,000, the rate at which the State was paying for the land per acre, it means that ranch leaders had a clear surplus of over Sh 50m.
It must be stressed that Malili leaders had decided to commit the proceeds of decimal 8 area of the 7.8 acres for purposes of compensation and administrative costs. So out of the 609 parcels/members, the .8 area makes up a cumulative figure of 487 acres- which translates to Sh 97.4m. It is highly doubtful that amount was used for such purposes, but the fact that members seemed agreed to commit that money for the purpose, it is better not to pursue the matter.
If all 609 members were paid Sh 1.4m, they would have received a total of Sh Sh852.6m. Our investigations therefore show that by underpaying the 497 members, Malili leaders and their handlers saved Sh 139.7m. Put together with Sh 50m that make up roads and public utilities, it shows Sh 189.7m may have been shared out by Malili players.
The Anchor has understood that a member of Parliament, the Personal Assistant to a very senior Kamba politician whose name we withhold sat at a board meeting of Malili ranch during which the formula for sharing out the cash agreed.
The aide refused to respond to our questions about his involvement in Malili saga and whose brief he held at the meeting. But he is known to represent the top politician at deal cutting meetings and played high stakes in the run ±up to the last elections where he ran around with cash from PNU to the politician.
Our sources also established that Gateway Logistics, a company that claims a hand in identifying buyers for the land may have legitimate claim of Sh 100m, of which only Sh 40m was paid.
It was in the pursuit of payment of their balance that Kangundo MP Johnson Muthama got into the picture and assured gateway that he would push to ensure that they were paid.
It is after this that an attempt was made to draft a new agreement and seek a signature from Mr Kanyi to enhance the commission claims by gateway that things went haywire, with Kanyi refusing to append his signature to the matter. Kanyi says Muthama persuaded him in three meetings to sign the updated agreement, saying that he (Muthama) was raising cash for the campaigns for Vice President Kalonzo Musyoka in 2012.
Muthama denies Kanyi's claims as hogwash but admits it is him who called the CID to arrest Mr Kanyi for the alleged theft. Nevertheless, Muthama has blatantly refused to respond to his links with documents that The Anchor obtained that presupposed that Mr Kanyi would have signed the new agreement. The document shows how the proceeds would have been distributed through a lawyer believed to Mr Muthama's.
It now transpires that current Malili directors have written a letter that seems to exonerate Kanyi and Kilonzo from stealing and it will be interesting to see just how far the case goes
Politicians and Malili directors justify the current reduced payments by saying that it is because some money was allegedly stolen by Mr Kanyi and Mr Kilonzo.
True, Kanyi, Kilonzo and the late Josiah Munuka and a Machakos Lawyer Mr Bernard Mungatta were paid hefty sums of cash as a result of many plots they had bought at throw away prices and in turn sold them to the government at high prices.
Now strange hands are clearly visible, dipped in a resource that belongs to the poor. Whose hands are these?
Deliver promises to your
voters, Ngilu tells Kalonzo
By Nguma Kitone
WATER minister Charity Ngilu took her political battle with the Vice President Kalonzo Musyoka to Machakos where she took issue with the latter for his failure to deliver to the kamba people.
Ngilu claimed that the Mwingi North Mp had nothing to show in terms of development in the region despite being number two in the country's leadership.
She said Ukambani would be far in social,economic and political development if she was in the position held by Kalonzo.
™If I were the Vice President today, things in Ukambani would be completely different in terms of development∫, said the Kitui Central MP.
Mrs.Ngilu criticized Kalonzo for abandoning his foot soldiers at the hour of need, citing MPs Kiema Kilonzo, and Charles Kilonzo whom she said should have been rewarded for their unswerving support and loyalty to the VP.
She was speaking at Kola in Machakos district after commissioning Kola water project undertaken by Grundfos Life Link organization at a cost of kshs.2.8m.
The organization has undertaken similar solar propelled water boreholes in Nairobi , Embu ,Meru, Masinga,Kitui Central and Yatta districts.
The minister,who was accompanied by Agriculture assistant minister Gedion Ndambuki,Mps Charles Kilonzo and Kiema Kilonzo reiterated her ministry's commitment to provide Kenyans with safe and clean water for drinking.
™Some of our people are taking contaminated water that exposes them to high health risks∫,she added.
Mrs.Ngilu urged beneficiaries of government funds to ensure the monies are put into proper use to achieve the desired goals.
She condemned corruption, saying on one should condone the vice which she said had dented the country's image internationally.
™Corruption has torn the fabric that puts the country together and it must be fought left, right and centre by all∫, said Ngilu.
She called for tougher laws that that would ensure those implicated in corrupt deals are dealt with equally.
Kiema Kilonzo said there should be no sacred cows in the war against graft,adding those involved in the vice must be dealt with squarely regardless of the positions in government.
Ndambuki emphasized the need for leaders in Ukambani to unite and speak in one voice in charting the way forward for the community's destiny.
Education Complex
planned in Kitui
WATER and Irrigation Minister Charity Kaluki Ngilu has announced that she will put a lot of funds for the school that will be the centre of excellence in her Kitui Central constituency. The minister said that the government has decided to have one centre of excellence in every constituency in Kenya . ™We have chosen the Kitui High School to be the constituency's centre of excellence,∫ she said. ™The Kitui High School is our choice so as to have a complex of education centres like the Kitui Girls High School and the Kitui Teachers Training College that are within the Kitui High School `s compound,∫ the minister said.
Ngilu said Kitui District has the highest number of government colleges in the Ukambani region this time. The colleges are the Kenya Medical Training College , the Kenyatta University and the Nairobi University campuses and the Kitui Teachers Training College The minister was speaking at Kitui High School during the school's Board of Governors (BOG)The meeting was chaired by the BOG chairman, Archbishop Benjamin Mwanzia Nzimbi.
The minister urged students within her constituency to take their education seriously. ™If you acquire good education, you will make us happy. Without discipline, you will not achieve. As leaders, ours is to ensure that you have the right environment for you to study,∫ Ngilu told students.
The Kitui Central Member of Parliament assured the students, teachers of the School of her total support for the learning institution.
The minister decried the students' habit of loitering within the Kitui town. ™When you go to Kitui town, be among of the good people,∫ she advised the students.
Ngilu announced that she is going to provide the Kitui High School with sufficient clean water. The school has 700 students, 33 teachers and 39 subordinate staff.
She donated Sh 20,000 through the school principal, Mr. Baraka Kasoa, for them to enjoy a special lunch one day.
The minister announced that the African Development Bank (ADB) had granted the Kenya `s government Sh 2.2 billion for the construction of the sewage system in Kitui town.
She said that her move of constructing many dams and boreholes in Kitui District is to tackle perennial water problems in the district. She cited the one billion shillings Umaa Dam.
Kitui District Commissioner, Mr. Joshua K.Chepchieng, urged the students in the district to strive to make their schools centres of excellence. He told them that their parents deny themselves a lot of good things in order to educate them. ™And you can make them very proud by studying seriously,∫ the DC said.
Archbishop Nzimbi and the District Education Officer Boniventure S.Wasikoyo also addressed the gathering. Others who also addressed the function included the school's principal Baraka Kasoa and the Kitui Teachers Training College `s BOG chairman, Dr. Leonard Mutua Mengo.
The Kitui High School that was started by the Kenya `s colonial government in 1939, has donated 45 of its 93 acre compound for the construction of the Kitui Girls High School and the Kitui Teachers Training College. The construction work for the two new learning institutions commences in March this year (2010).
Matuu DEO, police
play ping pong
A private school in Yatta district that was closed last year by education authorities for not meeting set standards is still operational, thanks to a rogue police officer in Matuu police station.
According to the Yatta District Education Officer Mr Maina Gicheru, the school, `Delight Academy', that runs both primary and secondary education was ordered to close down and instructed not to admit any more students starting January this year.
To his surprise, the DEO got to know the school was still operational after a parent of a form four student complained to him about his(son's) arrest and detention at the Matuu police station after he was allegedly found in the possession of a mobile phone.
The boy is said to have been arrested by the Matuu police under the instruction of the school's proprietor on January 18 and locked in cells until January 20th when his father got information from other day scholar students.
The arrest of the boy was arranged by the school's management after the student sustained injuries out of beating in a bid to cover up the mess.
Matuu police officer, whose name we withhold though he is well known for working closely with the school's to siphon parents' money out of fictitious crimes, after which they share the loot.
The officer who is said to have been protecting the school from any closure is said to have been boasting that he has a Godfather at the police headquarters and that no body can scare him.
After the ministry of education ordered the closure of the school last year, he invented the plot to swindle parents their money after planting flimsy crimes on the students.
A number of parents have been forced to pay high fines for their children on whom false crimes are planted after being detained at the police station.
A father of one boy paid a huge amount of money after his son was put in police cell for allegations of having destroyed the school property which was a lie. He had been threatened that the boy would be arraigned in court in default of paying the illegal fine after which he paid out of ignorance to secure freedom of the boy. The practice is said to have been going on for some time with ignorant parents falling victims to the trap, paying money to prevent their children taken to court .
The latest incident is that of a form four student which drew the attention of the DEO after he was informed about it last week only to get a rude shock over the school which he and his team inspected and declared it unworthy for students in habitation and also lacking basic and essential learning facilities that have in the past spelled doom in academic performance.
The victim was found in the possession of a mobile phone and in the process of confiscating the phone he was attacked by the proprietor and his sons who are also directors at the school, leaving him with serious injuries.
After sensing the boy may go home and report the matter, they called the police who took him to the nearby Matuu police station, a few meters away where he was locked up after the proprietor held a consultative meeting with the OCS.
After learning of the boy's arrest three days later the father went to the station to see him only to be turned away by the rowdy OCS who told him `'Mzee wewe kwenda huwezi ongea na mhalifu'' (Old man go away we cant allow you to talk to a criminal).
Sources close to the school and the station indicated that school's proprietor compromised the police to ensure the boy remains in the cells for as long as they want.
After remaining in police cells for four days, the OCS with the instruction of the school's CEO, prepared false charges against the boy and took him to the court. This was after some external forces intervened to know why the boy has been denied bond and kept in cells indefinitely.
To kill the evidence of assaulting the boy, the OCS ordered that the school shirt the boy was wearing which contained blood stains be taken away.
He was arraigned in court and released on Sh10,000 cash bond.
The boy's parents have vowed to leave no stone unturned until the truth of the whole scam is revealed. Meanwhile, the DEO has ordered Matuu Zonal inspector of schools to find out how and why the school was operational yet it had been closed and take appropriate action.
KCPE: Education
stakeholders meet
Stakeholders in education from Machakos District found themselves with no alternative other than gang up to stop drifting further into oblivion.
It was an apt response to the pathetic performance in KCPE that saw Machakos sink deeper into non performance.
DEO Abdikadir Ali did the right thing to summon all who matter in the sector to map the way out of the morass.
Even then the assembled stakeholders went down the memory lane, reminiscing of the good old day when Tuition, mocks and Preps were key in making pupils pass.
Rather than seek modern ways of making teachers pay more attention to pupils by spending more time with them to navigate the disadvantage of numbers, speakers appeared fixated on policy that the government can hardly reverse.
Even then, the stakeholders resolved to introduce radical measures to raise education standards and return the district to its lost glory in national examinations.
They said the measures will include the banned tuitions, mocks and continuous evaluation tests. They claimed the steps helped propel the district to the top three best districts in national examinations less than a decade ago.
Ironically, schools and teachers in the district quietly still administer the banned tuition, mocks and evaluation tests- so to say that students underperformed because this is to be utterly dishonest.
Be that as it may, they blamed the fall from excellence on a raft of excuses that included abandonment of tuitions, mocks and evaluations tests that inculcated the spirit of competition among students, teachers and individual schools.
It is not true that only tuitions, mocks and evaluation tests are the only instruments that can promote a competitive spirit in schools.
What seems plausible is the fact that the poor performance could be blamed on poor staffing. This may be the case in rural schools. But what happens to town schools that suffer from a glut of teachers?
They also identified lethargy among teachers. True story. Why will lethargy not take hold when loyalties inform all promotions, rather than meritocracy? Is in not a known fact that corruption in the promotion of teachers has undermined work ethics among the teaching fraternity, not only in Machakos but Kenya as a whole?
They also identified limited school infrastructure development- but they failed to acknowledge that among the poorest performing schools are the ones that received millions of shillings from the Free Primary Education that they shared with officials and failed to develop infrastructure.
Reporters waited in vain to hear the current infighting between Knut leaders in Machakos and the cossy relationship between education officials and some Knut leaders being listed as a factor leading to a dismal performance.
In the years when Machakos Excelled,Knut leadership was so solid that teachers would not waste time out of class to go politicking as is the case today. In those days, Knut and the DEO's office had an extremely adversarial relationship, with the two institutions checking the other almost man to man.
Today, they are strange bed-fellows. Scores missed at a Knut meeting are settled by the Education officers. It is a known fact that Knut officials, rather than defend blind teacher transfers and demotions, they come to demand that their opponents be moved or demoted. Education officers can not get broke because Knut leaders will troop in with cash- and the war rages.
What the stakeholders failed to appreciate is that such a team can not lead the district to results better than what it got last year.What they all need is change of tact, to abandon warfare, greed, corruption, embrace good governance practices and become truly dedicated to the development of education.
Luckily, Mr Ali has provided a good opportunity for stakeholders to come face to face with the shame that has befallen Machakos District.
The meeting held at the Machakos Teachers Advisory Centre was also addressed by the District Commissioner Mr Bernard Kinyua, who chairs the District Education Board.
Mr Hussein said although the district was a high flier in the 80s, 90s until 2001, its performance in national examinations had fallen to dismal levels in the past eight years. Participants challenged political leaders, opinion leaders, parents and Government officials in the district to support homegrown solutions that may not attract the wrath of the ministry of education.
Defending the re-introduction of centralized mocks and continuous assessment tests in all schools in the district, stakeholders said it was hypocritical for senior Government officials and elite Kenyans to publicly oppose such approaches in public schools.
Thy said the elite sent their children to private schools that ran tuitions, mocks and evaluations examinations that were coordinated centrally among all private schools.
™It is hypocritical for the elite to oppose tuitions, mocks and tests in public schools yet their children attending expensive private schools undergo the same. They want to retain their class supremacy and keep the best schools for their children∫, said one education official who sought not be named.
The move is expected to restore the glamour of education to Machakos district where standards have fallen with only 12 out of over 9000 candidates scored 400 marks and above in the 2009 KCPE examinations.
At the same time a handful of students manage to score A. or A- grades in the KCSE examinations. In 2008, only two candidates got A while 44 scored A-.
The stakeholders proposed to establish more boarding facilities in primary schools noting the best performing public schools in the region were all boarding.
Parents were advised to strengthen school feeding programme to control absenteeism owing to frequent food shortages.
The participants noted that for education to succeed, public schools must embrace business management skills and treat their institutions as business entities.
They said private schools in the district and the country in general performed excellently because they had adopted modern management practices that include performance targets which must be met by all teachers, pupils, parents and management.
Parents, teachers and school management committees were asked to address conflict resolution in schools in a bid to avoid the mob-justice-approach that saw institutions closed down and learning interrupted intermittently.
Mr Kinyua asked every school to set targets and embrace the tenets of performance contracting in a bid to excel.
He hailed the new move to raise educations standards and promised that the District Education Board will start regular visits to the best and poorest schools in a bid to motivate them.
He challenged school management committees, boards of Governors, head teachers and principals to utilise Government devolved funds properly.
He said misappropriation, misuse and outright embezzlement had been witnessed in some schools and warned that the Government would prosecute and jail those found to be stealing school funds.
™Misappropriation and misuse is common in some schools. Old buildings will last longer than newly constructed ones due to shoddy workmanship and theft of funds. Some do not match the amount of money allegedly spent to put them up∫, said Mr Kinyua.
Mr Hussein ordered education officials to ensure that the resolutions made in the forum were cascaded to the zones and individual school stakeholders in a week's time.
EDITORIAL
Move by DEO on Education
is appropriate and timely
FOR one year now, The Anchor has been awash with stories on scenes the local education sector. Our approach has been broad; that education is not just the classroom setting where a teacher stands in front of the pupils.
We have looked at education as a broad based process that encompasses the social, economic, political and indeed governance concerns that drive the whole process.
In the last quarter of 2009, we ran stories to the effect that some factors had encroached on the education sector in Ukambani and Machakos District in particular, that would bring about disastrous results.
Such factors, we said, were corruption, extortion, fraud, sexual exploitation, politics, under funding, maladministration and backward politics. This list is indeed longer.
Luckily, it does not take a lot of intelligence for anyone to see a falling education system. Each examination outcome is an opportunity for players in the sector to see what they have been doing in the previous year. For close to 10 years, Machakos district has constantly moved from bad to worse in the performance of Kenya Certificate of Primary Examination (KCPE).
Many events have taken place in the district since, with the hiving off of many former administrative divisions to become fully fledged districts, being one most significant event. This is in addition to the aforementioned maladies that afflict the sector.
The split alone means that the area that the District Education Officer needs to supervise has become smaller and smaller and would obviously attract better attention for better results. What used to be Machakos District is today the Central and Kalama Divisions. It is a stretch that education leaders and government officials can stride across many times in a day and thrush out problems that afflict the sector.
But, it seems, the smaller the district, the more the afflictions. There are more cases of theft of education resources than ever before. There are deeper divisions in the leadership of teachers than hitherto witnessed. There is terminal intrigue in the management of teacher’s resources, meaning that teachers can no longer settle in class to teach the children with good concentration. It also seems that teachers have become untouchables because those known to have stolen money cannot be arrested and prosecuted by the police. In the smaller Machakos, impunity has grown in heap and bounds such that those known thieves, with documented plunder are instant untouchables. So much so that the smaller Machakos has become, the more the afflictions.
Even when the Government has outlawed levied of whatever nature in Schools, it is in Machakos where such levies are demanded in what is called ‘local arrangements’. Those who collect the levies dare not issue receipts because they do not want to be held accountable.
In the secondary school sector, teachers have become the traders to beat as they squander public resources, bribing their way through education officers and Teachers Service Commission offices to be posted in strategic schools that are cash cows.
It is now expected that the Kenya Certificate of Secondary Education (KCSE) results expected in late February may not be any better than those of KCPE because the operational circumstances and disposition is really the same.
A dynamic society would ordinarily undergo such cycles as the education sector is faced with in Machakos. There will be low and high periods. What is encouraging however is the fact that the District Education Officer Mr. Abdikadir Hussein Ali has realised that education sector is in the doldrums. To reverse the morass, he recently convened a meeting of stake holders to chart out the way forward.
There certainly was much procrastination at the meeting, with the grandstanding that can not help the situation. Nevertheless, we take this opportunity to welcome the gesture to bring together players in the sector and chart the way forward. But we believe that the meeting held early this month should not be all. It should be the door opener. Players must get back to the drawing board in a more structured way, identifying their strengths and weaknesses, how to overcome the drawbacks and capitalise on their strengths.
As such, Mr. Ali must go to the next level, take the bull by the horns and show leadership. This is certainly the way to go.
OPINION/COMMENT
Tracing the origins of Catholics
mandatory celibacy practice
By Rt. Rev Daniel Kasomo
For nearly 2000 years the Catholic Church has proclaimed Church laws and doctrines intended to more clearly explain the teachings of Christ. But remarkably, while history reveals that Jesus selected only married men to serve as His apostles, the Church today forbids priestly marriage. Also, today the Catholic Church is the only Christian denomination experiencing world wide condemnation from ™scandalous∫ allegations of sex abuse committed against women and children by priests and bishops. Historically, scandals similar to these are known to have appeared only after mandatory celibacy laws were first instituted, centuries after Christ. Why were these changes made?
As children, Catholics are taught that Jesus' apostles ceased sexual contact with their wives in order to ™Act in the person of Jesus∫, by adopting His celibate lifestyle and devoting their lives to spreading the Gospel unencumbered by family responsibilities. But history reveals a different story, a story unknown by faithful Catholics.
Today the law of mandatory celibacy for priests has exposed a telling historical problem. If priests freely accepted celibacy in the beginning why did marriage later begin, and what authority today permits the Church to deny priestly marriage that Jesus permitted? The answer can be found in historical events beginning around 366AD when a new and different explanation of our first priestly traditions began to appear. This event changed Catholic history.
So historically, how and why did mandatory celibacy come into the Church? In order to answer this question we must return to the time of Jesus, and our first Catholic traditions.
In The Beginning
Jesus made few changes in existing Jewish law for His followers. But among the most important changes He instituted were those concerning marriage for Christians. Jewish men of the time were allowed to have more than one wife as well as concubines; Jesus forbade polygamy. They were allowed to divorce; Jesus prohibited divorce (Matthew 19:9). And most importantly, Jewish law required all Jews, including priests, to marry by age 20 (Genesis 1:28), but Jesus allowed Christians to remain unmarried if they freely chose to do so (Matthew 19:12). And, contrary to current myth, Jesus did not re-quire His apostles to take a vow of celibacy or to abstain from marital sex in order to imitate His lifestyle; Christ allowed His apostles to freely choose either marriage or celibacy. For these reasons the question of Jesus' celibacy is pointless as justification for modern celibacy laws that entered the Church centuries later. As Jesus left the Church, an individual's free choice to marry and propagate or to remain unmarried was permitted, and no restriction against future marriage by unmarried priests existed. Today many Catholic traditionalists have begun anew to examine these teachings of Jesus and to compare them to the modern law of mandatory celibacy, a law that did not exist in the beginning.
Pseudo-Scripture
In order to understand the origins of mandatory celibacy modern Catholics must first come to understand the origin and misleading influence that apocryphal non-Biblical writings had on Jesus' teaching before the New Testament was first identified as the only legitimate source of Christian Scripture, c.350AD, and their continuing influence on the Church today.
Catholics do not tend to turn to the Bible as a historical document in order to understand the foundational teachings of our faith. Those who cite New Testament scripture in support of beliefs that may question Church teaching are immediately accused of Protestant sympathies, and of denying Catholic tradition. Such accusations are ad hom-inem, because scripture and Catholic tradition cannot be separated. Catholics are taught about the Bible's importance but are instructed to consult the Catechism for explanations of our first traditions (history), or to consult our priests for answers that will lead to the complete truth. They alone, we are taught, are divinely ordained by God to teach the infallible Gospel of Christ without error. Catholics are not permitted to challenge Church teaching.
Today, Church explanations of mandatory celibacy pose a great problem because it is acknowledged by all that apostles and priests during the earliest generations were married. More to the point, in the New Testament St. Paul specifically required bishops and deacons be married fathers, “ca-pable of managing their fami-lies” (1Timothy 3). Even more damaging to the idea of a required vow of celibacy, St. Paul specifically preached against newly converted Christian-Gnostics who brought with them a belief that all priests must reject desires of the flesh in order to successfully mediate between God and man. This ascetic and dualistic belief of conflict between flesh and soul was first taught by Plato c.428BC and spread across the western world with Alexander the Great before 300BC. By Christ's time it had made its way into all religions' beliefs other than Orthodox Judaism and Christianity, who were unique among all beliefs.
In defense of married priests St. Paul confronted this new Christian-Gnostic belief. He strongly condemned mandatory celibacy and his teaching was continually supported by later popes who excommunicated Christian-Gnostic converts for their persistent support of mandatory celibacy.
“The Spirit has explicitly said that during the last times there will be some who will desert the faith and choose to listed to de-ceitful spirits and doc-trines that come from dev-ils; and the cause of this will be lies told by hypocrites…they will say marriage is forbidden, and lay down rules about abstaining from food which God has created to be accepted with thanks-giving by all who believe and who know the truth.” (1Timothy 4:1).
It is important here for Catholics to understand that all New Testament scripture such as this, from either Jesus or His Apostles, are declared by the Church to be the ™Deposit of Faith∫, which ended c.98AD. These teachings are unchangeable, immutable, and any ™new doctrine∫ that would change the Deposit of Faith after that time is forbidden. In theological speak the Deposit of Faith is the original Ordinary and Universal Magisterium.
Absence of Mandatory Celibacy
Evidence is abundant that mandatory celibacy was a late entry into Christianity, and did not exist in the second or third centuries. As a matter of fact, the Church today acknowledges that “no law of celi-bacy as we know it today existed in the be-ginning∫. More enlightening, we have witness in ancient Church literature from Apostolic Fathers such as Bishops St. Ignatius of Antioch and St. Polycarp of Smyrna , they were `hearers' of St. John the apostle. As married bishops and disciples of St. John , they realized that Jesus permitted men to remain celibate if they freely chose to do so, but viewed them with caution.
Priests of the time were married men who also worked to support their families when celibate pagan converts began to appear in large cities, often resulting in conflict. Many celibate priests believed their ascetic chastity elevated them spiritually in the eyes of God to a superior spiritual plane, even superior to married bishops. In his letter, 110AD, Ignatius asks Polycarp to instruct priests and their wives thusly: “Speak to my sis-ters [wives] that they love the Lord and be con-tent with their hus-bands [priests] both in the flesh and in soul. In like manner exhort my brothers [priests] in the name of Jesus Christ to love their wives as the Lord loved the Church. If anyone is able to remain celibate…let him remain so with-out boasting. If he boasts about it he is un-done, and if he seeks to be more es-teemed than the bishop he is corrupted.”
This was an important event in the second century. From such ancient records we find that after the Deposit of Faith, as it was left by Jesus and His apostles, priests continued to choose either marriage or celibacy and that mandatory celibacy did not exist. So, when and how did things change?
Change Begins
An examination of ancient changes in Church teaching during the second and third centuries reveals similar changes in Jesus' original teachings also began to appear in some areas as Christianity quickly spread throughout the Roman world. Many brilliant scholars and philosophers from pagan religions became fascinated with the resurrected Christ and converted, becoming influential Christian teachers who believed priests should not despoil themselves with sex.
These converts are known as Patristic Fathers, and while they were good and pious men they also brought with them non-Christian philosophies that would forever affect the relationship of men and women, and marriage. Little did they understand that Christianity initially expanded via House-churches, with priests supported by their wives as teachers (1Corinthians 16:19)
Defeating paganism and gaining pagan converts were important goals for the growing Christian Church. This is where the story of mandatory celibacy really begins It is a story of change shrouded in the midst of a time before 350AD, when pseudo-Christian writings were considered to be a legitimate source of Christian scripture, and popes were unchallengeable when claiming to speak ad hoc for Christ. For this reason Christianity's first tradition of married priests was quite different from what the Church teaches today. The first 14 popes were married men, but to understand later changes denying clerical marriage we must again return to the beginning.
The Myth Of Apostolic Continence
By 135AD Rome had decimated Jerusalem and its great Jewish Temple, causing both Jews and Christians to flee into the Roman world where Gnostic-Christian beliefs had already begun to appear. New pseudo-Christian writings claimed Gnosis (New, secret, knowledge) of Jesus and His apostles, knowledge not contained in the Deposit of Faith that ended the previous century. For example, writings such as the apocryphal Gospel of Tho-mas and stories upon which the Da Vinci Code is based are Gnostic. Gnostic attempts to promote the superiority of celibacy and explain away the apostles' wives that St. Paul spoke of (1Corinthians 9-5), when he complained that he too should marry ™just like the other apostles and Jesus’ brothers”, a myth was created, a myth that had no place in Christianity. This legend was first introduced in apocryphal writings proposing the apostles had abandoned sex with their wives in order to imitate Jesus. Before 200AD these writings supported the new teaching of Patristic Fathers such as St. Justin, St. Clement of Alexandria , and Anti-Pope Hippolytus. All were celibate pagans before converting. But priests continued to marry until things began to change the following century when popes would come to see an advantage in supporting this new celibacy movement, believing it would somehow diminish the esteem of celibate pagan priests who remained highly revered across the Roman Empire . These new apocryphal Gnostic stories suggesting Jesus' apostles embraced the `discipline' of marital continence then became a powerful influence for change. In 306AD the first recorded attempt by a local Church Council to mandate celibacy for priests occurred in the far western reaches of Christianity, in Elvira , Spain - three hundred years after Jesus. Failing in that attempt these Spanish Gnostic-Christians continued to promote their celibacy movement 19 years later at Constantine 's great Council of Nicaea in 325AD, but failed once more. They were defeated when bishops agreed that “Too heavy a yoke ought not to be laid upon the clergy; that marriage and married in-ter-course are of themselves hon-orable and undefiled.” The issue was settled, priest could freely choose either marriage or celibacy.
The unflattering face of
impunity at Teacher's Sacco
VERBATIM REPORT
OF AUDIT FINDINGS
"Loan advances
There is no clear ownership and accountability of normal/emergency and salary advances in terms of processing.
The Public Relations Officer is charged with the task of processing advances a role that should be performed by the FOSA or Loans departments.
By signing the task to the PRO, there is a risk of inappropriate decisions being made. Loans advances domiciles in the FOSA and therefore the need for such loans should emanate from the FOSA. The PRO can recommend disbursement of staff salary advances is on Human Resource Department in the society.
Observations
l Though the society has a loan policy in place, it is never adhered to during loaning process.
l The credit committee mandated to approve member's loans was largely manipulated by the executive and the former general manager hence depended on their direction.
l The FIFO loan application and approval were never followed at all but how well is one connected to the General Manager or the Executive Sub-committee.
l Big sums of money were set aside for loan applied for staff and management committee in for top ups in total disregard for small amount loan applied by members being deferred.
(i) Backlog
l The current society backlog stands at Kshs. 53,434,750 for normal and emergency loan since June 2008 to date.
l Loans amount to over 20 million is work in progress at the loan department
l The current waiting period for normal loans is at 3 months while emergency is at 11/2 months.
l Advances payment largely depends on the availability of funds in the FOSA section.
(ii) Committee loans
l The current loans balance with committee as 31st August 2008 stand at Kshs. 2,607,039.00 both CMC and supervisory.
N.B: Awarding of loans to committee does not follow the same procedures other ordinary members' application for loans take as their money is set aside by the credit committee for approval.
l Previously the CMC and supervisory enjoyed top up loans against backlog over 3 months experienced by ordinary members though was stopped from March 2008 by the current CMC.
(iii) Members loans
The current outstanding loans balances stand at Kshsº.42 Million and those on the waiting at over 73 millions.
l The approval of members loan followed the FIFO policy though some privilege were given top those related to the former manager thus could jump the queue. However this practice has been abolished by the current general manager and the CMC.
l Due to low society liquidity position most members were given advances over their loans applied.
(iv) Staff loans
The current staff loans balances as at 31st August 2008 stand at Kshs.10,357,813.50.
l The staff enjoyed all the privileges on loans as the credit committee set aside funds/money for the loans they had applied in total disregard of the member loans demand.
l There are cases where the total loan deferred by the credit committee due insufficient funds was less than the figure applied by one staff yet money was set aside for the staff to be approved by the management.
l The staff also enjoyed top up of their loans against the 3 times your shares rule e.g the financial report 31st March 2007 showed that a total of Kshs. 26,692,910.00(Twenty six million, six hundred and ninety two, nine hundred and ten) was granted as top-ups which had negatively impacted on normal loans granting for those without existing loans or have completed servicing their loans.
Non Performing loans
KNUT ± Machakos and Makueni loans fall under this category. By the 31st December 2007, all Loans for members from the two branches were classified as dormant. There are many other cases of members who took loans but cannot service them because of inadequacy in the payslip. However, where the payslip allows, every effort is being made to recover loans albeit with a lot of difficult.
Albanus Mutisya M/No. 2340 was granted a loan of Kshs. 700,000.00 in November 2004 recoverable at Kshs. 28,000.00 per month for 25 months. He got an additional loan of 400,000.00 repayable at 34,00.00 for 12 months. In 2005 October he was granted an Emergency loan of Kshs. 400,000.00 when he had loan outstanding of Kshs. 330,000. In September 2006, he was granted a loan of Kshs. 1,553,000.00 after applying for Kshs. 1,700,000.00. Mr. Mutisya did not qualify for the amount granted if the rules were in play.
He connived with the staff of the society to do creative accounting where fraudulent journal vouchers were raised boosting his deposits by 137,000.00, writing off loan and accrued interest of 272,00.00 and 18,892.00 respectively as depicted in the journal entries herebelow:-
7/7/06 JV 198 Albanus Mutisya TSC 17801 M/NO. 2340
Dr Shares A/C. Adj 137,000
Cr. Shares A/C 137,100
Being shares arrears for the year 2004 Sept, Oct, Nov, Dec year 2005 Jan, Sept, Oct, Nov and Dec now posted in the Member's statement the year 2006. Prepared by Nthenge on 7/7/06, Certified by Augustine Mutisya and authorized by Moses Muthoka
7/7/06 JV 199 Albanus Mutisya TSC 17801 M/NO. 2340
Dr. Interest A/C. Adj 18,892
Cr. Interest A/C. 18,892
Being shares arrears for the year 2005 Sept, Oct, Nov, Dec year 2005 Jan, Sept, Oct, Nov and Dec now posted in the Member's statement the year 2006. Prepared by Nthenge on 7/7/06, Certified by Augustine Mutisya and authorized by Moses Muthoka.
7/7/06 JV 200 Albanus mutisya TSC 17801 M/NO. 2340
Dr. Loans A/C. Adj 272,200
Cr. Loans A/C. 272,000
Being loans arrears for the year 2005 Sept, Oct, Nov. and Dec now posted in the Member's statement for 2006. Prepared by Nthenge 7/7/06. Certified by Augustine Mutisya and authorized by Moses Muthoka.
When we queried these Journal entries, Mr. Mutisya brought in some photocopies showing computations quoting Cash Receipt Voucher Number 16336 which we have since established is not a document from the sacco.
We also observed incorrect postings in the Mr. Mutisya's MPA where loan repayment for October 2006 was shown as Kshs. 86,000.00 instead of the correct amount remitted of Kshs. 50,000.00 hence erroneously reducing the loan balance by the Kshs. 36,000.00.
Mr. Mutisya defaulted his loan repayment from 2006 much as he has portrayed himself as a defender of the rights of Masaku Teachers.
We recomputed Mr. Mutisya's Account for Deposits, Loans and Accrued interest arriving at the following balances by end of November 2008:-
Deposits - 579177.00
Loans O/S - 2,361,000.00
Interest accrued - 619,734.30
His Fosa savings account had a misposted loan of Kshs. 150,000.00 erroneously reducing the overdrawn balance by the same margin.
The case of tampering the Members' loan records was not isolated to Mr. Mutisya. We noted cases of Journal Entries made in the MPAs of the KNUT Machakos Branch members which had no supporting documentation but affect Deposits, Loans and Accrued interest. Herebelow, find some of the Journal Entries:-
7/7/06 JV 201 Simon Mutinda KNUT MKS M/NO. 22397
Dr. Shares A/C Adj. 7,550
Cr. Shares A/C 7,550
Being shares arrears for the year 2005 Jan, Sept, oct, Nov. and Dec now posted in the Members statement for 2006. Prepared by Nthenge 7/7/06. Certified by Moses Muthoka on 8/7/06 and authorized by Mr. Ngomo.
7/7/06 JV David Kavisi KNUT MKS M/NO. 15585
Dr. Loans A/C. Adj 38,300
CR. Loans A/C 38,300
Being loans arrears for the year 2004 Sept,Oct,Nov and Dec2005 and Sept, Oct,Nov & Dec 2005 now posted in the member's statement for 2006. Prepared by Nthenge on 7/7/06, Certified by Moses Muthoka on 8/7/06 and authorized by Mr. Ngomo.
7/7/06 JV 203 David Kavisi KNUT MKS M/NO.15585
Dr.Interest A/C. Adj 7,500
Cr. Interest A/C 6,304
Being Interest charged on loan for the year 2004 Nov, Dec and Sept, Oct, Nov & Dec 2005 now posted in the Member's statement for 2006 prepared by Nthenge on 7/7/06, Certified by Moses Muthoka on 8/7/06 and authorized by Mr. Ngomo.
7/7/06 JV 204 David Kavisi KNUT MKS M/NO 15585
Dr. Shares A/C. Adj 7,500
Cr. Shares A/C 7,500
Being shares arrears for the year 2004 Sept,Oct, Nov & Dec;2005 Jan, Sept, Oct, Nov & Dec now posted in the Member's statement for 2006
7/7/06 JV 205 Dryton Muthama KNUT MKSM/NO.15149
Dr. Shares A/C Adj 29600
Cr. Shares A/C 29600
Being shares arrears for the year 2004 June, July, Aug, Sept, Oct, Nov & Dec;2005 Jan, Sept, Oct, Nov, and Dec now posted in the Member's statement for 2006. Prepared by Nthenge 7/7/2006, Certified by Moses Muthoka on 8/7/06 and authorized by Mr. Ngomo
Mr. Sammy Kioko Nyalla ± Former AEO Athi River
He hails from Kangundo electoral area the home town of the former general manager Mr. Solomon Ngomo.
He was very influential on the society operation during his tenure as the AEO during which time he intimidated Sacco officials who crossed his path. Having the former manager as the home ally he enjoyed all the privileges in terms of loan application granting without following the normal procedures.
For the infamous manual withdrawals against a negative account balance, all he needed was to go to the manager office and would have his money processed and ready for cashing at the fosa within a few minutes as a staff would be called to assist him in doing the follow up. This was well exhibited during interviews as he claimed some of the staff were against him now that he has retired against the special treatment he claimed to have been receiving previously.
At the time of inquiry he had an outstanding loan balances of over Kshs. 1.5 million arising from numerous top up loans in which recoveries were irregularly made. In fact the repayment was so inconsistent that he had extended the repayment duration beyond the maximum 36 months for normal loan.
It would appear he commanded a lot of respect in the society such that he couldn't recall when he applied for some of loan granted to him as top ± ups as the documents proved.
On the overdrawn account, he tops the list as one the major beneficiaries of the infamous manual withdrawals against unclear effects.
By time of inquiry, he had negative balance of Kshs. 673, 549.80
Word has it that, he at one time campaigned vigorously to have the sacco split so that the Kangundo branch could serve as an independent sacco from the mother Masaku Teachers' when the sacco was in total financial turmoil. It was perceived that such a move would lead to eminent collapse of the sacco and monies owned to the sacco in negatives or outstanding loans would never be recovered. However, his campaign was thwarted by the general members who stood firm and defended the decision of splitting the sacco.
He also campaigned against the current chairman Mr. Julius Nzioka from being elected the chairman after the exit of the former chairman Mr. Cosmas Mwololo as the latter had vowed to unearth their entire misdeed once elected the chairman of the sacco as is the case today.
To wind it up he participated fully in rooting members funds with others mentioned in this inquiry leading to present downfall of once giant Masaku Teachers' sacco and they should repay all monies they owe the sacco.
Loan Portfolio
According to the 2007 Audited accounts, Loans outstanding balance was Kshs. 900,000,000.00 in the control account against a listing of Kshs. 360,000,000.00. This literally means there are loans to the tune of Kshs. 570,000,000.00 which cannot be identified with anybody after having been granted; a situation that is unacceptable.
In the light of creative accounting that was, this calls for urgent reconciliation to determine the correct balances for outstanding loans.
Recommendation
- All loan application should strictly be in compliance with the loaning policy in the society.
- All loan applications should be treated equally and not where money is set aside for staff for top-ups yet the loan portfolio for ordinary members is not satisfied.
- In cases where the society funds are inadequate during approval of loans, loans application with small amounts should be considered as stated in the loan policy.
- All top up loans should be abolished until such a time when the society will experience idle cash after satisfying the loans.
- Approval of all loans should remain the mandate of the credit committee and the central committee should only adopts report of the credit committee during CMC meetings.
Town Hall's No to
CDF's shoddy gift
Machakos Town CDF is embroiled in a fight with the Municipal Council of Machakos over a donation that local MP Victor Munyaka pledged to the council's Fire Fighting Unit.
Munyaka, showing concern that the council lacked adequate fire fighting equipment following a fire that killed four people at a building belonging to former CGS Gen Jackson Mulinge, pledged on the heat of the moment to do all it takes to ensure that local residents do not face the danger f fire in unmitigated circumstances.
For those who can not remember, the fire broke out as a result of an arson attack due to a failed marriage. The attacker, his estranged wife and her parents died as a result. At the time of the attack, the Municipal Fire engine was emerging from repairs after an accident. It barely managed to contain the raging inferno. Fire engines from Nairobi and Mavoko Municipal Council helped put out the fire that left the entire building damaged and is disused to this day.
It was as a result that Munyaka pledged t use CDF to help the council. Within weeks of the fire, the council acquired a bigger engine that does not have any water carrying capacity.
During a highly dramatised handover ceremony of the fire engine, Munyaka pledged to use Sh 1.5m from CDF to buy a tanker that would be towed by the engine whenever there was a fire. Munyaka also pledged to sink a bore hole within Town Hall, whose water would be used to provide water hydrants to help minimise threats of fire. Those present applauded the MP, seeing his move as strategic thinking for the town.
Council officials then went to the drawing table and obtained professional specifications to the tanker. The Anchor has established that the specifications were obtained from a firm in Embu that was linked to the sourcing of the Fire Engine from Japan. The specifications, were are told, came from the manufacturers of the engine.
Key to the specifications was the need to have a tanker that matched the power of the fire engine. As such, the tanker was required to have a capacity of four thousand litres of water. The tanker was to have three internal partitions. Besides, the Tanker was to be mounted on four wheels to ensure balance.
When the council approached the CDF management for funds to build the tanker, CDF fat cats responded by demanding the specifications so that they could identify a contractor to do the job. The council complied and supplied the CDF team with the specifications. Matters have not gone the right way again.
Investigations by The Anchor indicate that top council officials were made to believe that the tanker was being constructed in Nairobi. Officials are reported to have made at least one visit to Nairobi to monitor progress of the work. That may be so.
Be that as it may, the tanker at some point was towed to Kimutwa Engineering Works, which is owned by the Chief of Machakos Town Mr J Kimeu. The Chief told The Anchor that the tanker was brought to him to correct the engineering on the Tow Bar to enable it be compatible with the requirements of the fire engine. ™ That is all we did to the tanker, ask Mutuku where he build the tanker∫ We also established that the chief was not the person CDF contracted to build the tanker.
The Contractor- Kitanga Contractors- is owned by Mr Mutuku Muia, son of the first Machakos Mayor, the late Peter Muia Ndunda. Kitanga Contractors have in the past taken up jobs in Machakos Municipal Council with much controversy and now seem to be in good working relationship with the CDF team.
Mutuku told The Anchor that the tanker was delivered to the council and was received accepted by the Town Engineer Mr Morris Aluanga. ™If for whatever reason anyone is dissatisfied, they should get back to the CDF office and express their dissatisfaction∫, Mr Muia said
Aluanga told The Anchor that procedures used over the tanker was what has been documented by the inspection report-meaning that he did not receive it as alleged by Mutuku.
It is understood that Eng. Aluanga kept on insisting that the Tanker be monitored to ensure that the correct specifications where being followed. When one morning, the freshly painted red object was towed into Town Hall, Machakos Town Clerk Mr Stephen Mbondo, in consultation with Eng. Aluanga constituted a Task Force to inspect the contraption. The task force was headed by the Assistant Town Clerk Mr J.M. Mbilo. Other members were head of the Fire Department Mr F Kitungu, Mr Musau, Mr J Mulatya and another official only identified as Dishon. They inspected the fire bowser on November 11,2009. The Inspection report by Mr Mbilo is dated November 25,2009.
They identified the following shortcomings. The Tow bar looked weak, Railings at the top were missing, and the ladder was too close to the body. Other specifications which were missing include three internal partitions with an internal breather to enhance pressure equality, two side steps to access the ladders and two breathers at the top of the tank. They went on ™The specified capacity is 4000 litres of water while the fabricated tank is about 6000 litres which in our view is too heavy for the fire engine to tow.∫ They concluded the report by saying that bituminous paint be painted inside the tanker.
With such a report, Mr Mbondo needed no further scrutiny to show that the contraption was the not just wrongly built, it was technically unacceptable to the council. It appears that the CDF office never responded to the report and neither bothered to make make good the tanker.
Those who know the workings of speed and weight say if ever the fire engine tows the tanker and moves in high speed towards a fire site, then the pair would become a weapon. ™ If this ever happens, then the fire engine will not have the capacity to stop the tanker∫, said a council official who refused to be named as he is not authorised to speak to the media.
In effect, the council declined to accept the tanker and requested that it be parked off its yard to the area where impounded goods are kept.
When the report was filed, with a copy to CDF, a new chapter of relationship was opened between the council and the CDF office, with Dr Munyaka engaging high gear to force the council to accept the defective tanker built by public money.
It appears that some behind the scenes moves have taken place between the CDF management, Dr Munyaka and the contractor to have the council arm-twisted to accept a contraption that can not perform the work for which it was intended without a disastrous effect.
Besides, our sources say the contractor initially demanded Sh 1m for the job. But reports indicate that CDF may have paid as much as Sh 1.5m- meaning some people may have shared Sh 500,000 from the deal. Surprisingly, Mr Muia says he was paid Sh 1.6m. Efforts to trace the tendering procedure for the job hit the wall and it is doubtful that any tendering was done. It remains very telling that the amount Mr Munyaka, a vet doctor, announced he would use on the tanker, ended up being almost the exact amount expended after the shoddy work was carried out. Now it must be asked: Is the 6,000- litre water tanker worth what was paid by the CDF; can it competitively fetch half of the amount allegedly used if sold competitively in the market?
Sources say when Munyaka realized that the Town Clerk would not accept the tanker, a new effort was developed to seek his removal from Town Hall. Why would the MP want the council to accept a contraption outside the specifications, if he really was driven by honest intentions of helping Machakos Residents be well prepared in times of fire?
On November 26,2009, Mr Mbondo wrote to the CDF Manager, saying that the council would only accept the tanker as an ordinary water tank and not as an appendage of the Fire Engine. His three paragraph letter said in part ™In the event that the issues cannot be rectified, the council is willing to accept the equipment for use as a water tanker but not for the initial intended purpose of Fire tender since it will not be able to be towed by the new fire engine∫. The disappointment notwithstanding, Mr Mbondo concluded ™ We appreciate the support given to the council by your office∫
As this went on, Dr Munyaka opened a new front on the war with the council, singling our Mayor Fidelis Kimuyu for ridicule. He staged an event, purporting to open the Public Toilet at the Bus Park by commissioning the same contractor to open up a blocked sewer and paint the toilet in ODM-K colours.
The toilets were closed down by Public Health officials due to their sorry state of maintenance. The council has been insisting that the public gets used to the Iko-Pay Toilets erected at the bus park. Munyaka is keen to show that the municipal council as a non performing entity and seems set to unaccountably spend CDF cash on council projects to perfect the fight with the Town Fathers.
It remains to be seen how Mr Munyaka will run the 'CDF' toilets , much as they belong to the council. Be that as it may, concerns are being raised on procedures that CDF is using to carry out its projects as only specific people are the ones winning tenders.
Questions surround a decision to allow schools to get into agreements with contractors willing to build classes and await allocation of funds from CDF. Through this system a particular contractor has been identified by schools to erect classrooms as an uncompetitive rate of Sh500,000 per class.
A source at the CDF offices says the trick helps the CDF office duck procurement regulations that require that the jobs be advertised and allocated competitively. ™Now all the committees need to do is to identify contractors who have the cash to begin the work and are willing to wait till the committee gets its funds. This means that only selected people who have the means are bale to get the jobs.∫, said an official who pleaded not to be named as his junior position does not allow him to brief the media.
Efforts to obtain comments from Dr Muyaka have remained futile since has since declined to take our telephone calls.
Kyanzavi:Lawyer
caught with pants down
Kyanzavi Farmers Company has not held an AGM for years owing to suits that shareholders file in courts for unexplained reasons. Judge David Onyancha, in this ruling, has captured the web of litigation that the company finds itself in after he found himself issuing orders that clashed with earlier orders of another Judge, thanks to complicity of an advocate of the High Court of Kenya.The Anchor chooses to run it verbatim in the hope of uncovering those using courts to defeat justice.
REPUBLIC -APPLICANT
-VERSUS-
REGISTRAR OF COMPANIES -RESPONDENT
EXPARTE: KYANZAVI FARMERS COMPANY LTD.
RULING
The application before me is a Notice of Motion dated 4th September, 2009 brought by the Registrar of Companies who is represented by the Attorney ±General. It seeks, inter alia, that the Ex Parte leave granted to the Ex Parte Applicant herein on 4th September, 2009 to apply for an Order of Certiorari in this case, be set aside and the order for stay issued on the same day be discharged. It also seeks that thereafter, the Chamber Summons dated 31st August, 2009 under which the said orders were granted and issued, be dismissed with costs in this and the said application, in favour of the Applicant herein.
Among the grounds upon which this application is based are:-
(a) That in obtaining the impugned orders, the Ex Parte Applicant with held and suppressed from this court, facts and information relevant and material to the issue before the court.
(b) That in obtaining the said orders the Ex Parte Applicant failed to disclose that Lenaola, J, of Machakos High Court had directed in Machakos High Court Misc. Application No., 245 of 2009, that the Respondent do issue a notice called for the Ex Parte Applicant's Annual General Meeting which it has failed to call since December, 2006.
(c) That the said order of Machakos High Court by Lenaola, J to call for the Annual General Meeting, still validly stood and has not been challenged or vacated by the Ex Parte Applicant when the Ex Parte Applicant freshly field this Ex Parte application in this court and obtained fresh orders dated 4th September, 2009 as aforestated.
The facts as I understand them are that Lenaola, J in Machakos High Court Misc. Application No. 245 of 2009 on 26th August, 2009, made the following orders inter alia:-
(a) That the stay of proceedings of the Annual General Meeting of the Ex Parte Applicant Kyanzavi Farmers Company Limited for the years 2007 and 2008, scheduled for 29th July 2009 be and was thereby set aside.
(b) That the Registrar of Companies do issue a fresh Notice of Annual General Meeting and elections be not the only agenda or subject of the meeting.
Thereafter the Registrar of Companies in obedience to the above orders proceeded to issue a notice calling for a special Annual General Meeting to be held on 11th September, 2009. As that pended the Ex Parte Applicant ± the Respondent in this application, left Machakos and came to Nairobi High Court where he filed, under a Certificate of Urgency dated 31st August, 2009, a Chamber Summons seeking the following orders: - That leave be granted to it, to file a Notice of Motion seeking an Order of Certiorari to quash the decision of the Registrar of Companies notice calling for the Annual General Meeting in compliance with the Machakos High Court order aforementioned. The application was heard by this court which on 4th September, 2009 allowed it, granting the leave sought and making the leave a stay until the intended Notice of Motion would be heard.
It is the Applicant's case herein that this court was not given the relevant, correct and proper facts in the process of persuading it to grant the orders. That the court was told that the Registrar of Companies notice would bring confusion to the running of the company. That the Registrar of Companies' acted contrary to Section 131 of the Companies Act in issuing the notice, which amounted to an illegality.
It is further argued that this court's attention was not specifically drawn to Lenaola, J's aforementioned orders which are the ones that effectively authorized and/or directed the Registrar of Companies to issue the relevant Annual General Meeting notice. That although the said ruling was indeed annexed to the application its presence, relevance and importance was avoided or was not drawn to the courts attention. Nor was an extracted order thereof annexed. That even the Registrar of Companies' said notice which quoted, its authority and source to the Machakos Court order was not annexed.
Furthermore, the Applicant urged this court to note that the Ex Parte Applicant had not appealed to the Court of Appeal or attempted to set aside or modify or review the Machakos Court order if at all it was dissatisfied with it.
In conclusion the Applicant herein argued that had the Ex Parte Applicant been candid and honest and had it disclosed the relevant and material information to this court, particularly to the existence of the Machakos High Court orders and their effect, this court would unlikely have granted the leave and stay which it granted. That since the same were granted on the basis of dishonest grounds and non disclosure of the relevant information, they are amenable to setting aside to abide the hearing and disposal of the Notice of Motion still pending in Machakos High Court, being the Machakos High Court Civil Misc. Application No. 245 of 2009.
Finally, the Applicant also raised the prospect of Res Judicata or Res Subjudice the Machakos Suit. He also drew the attention of this court of the several similar orders the Ex Parte Applicant has obtained in the last several years which have contrary, to the provisions of the Company Law, almost paralysed the functioning of the company to the detriment of the majority of the shareholders who are the common members of the public.
In response to the above facts deposed by the Applicant/Registrar of Companies, the Ex Parte Applicant, stated that, indeed its leave and stay order earlier granted on 16th July, 2009 were set aside by Machakos High Court on 19th August, 2009. That it was then the Registrar of Companies published a notice for an Annual General Meeting that it rushed here to file this application for leave to file Notice of Motion for an Order of Certiorari and obtained it with a stay.
The Ex Parte Applicant conceded that the Registrar's notice for the Annual General Meeting included the tabling of 2007-8 accounts as well as the Chairman's Report, thus complying with the courts order that the Annual General Meeting should not be for elections alone. The Ex Parte's Applicant's problem was that the accounts were not ready yet.
Mr. Oyugi for the Ex Parte Applicant also seemed to suggest that the court ought to have closely studied every annexure annexed to the said application, inclusive of the extracted order and the Ruling from Machakos High Court, in exhaustive details. He thus absolved the Ex Parte Applicant from its failure at the relevant time to specifically draw the same to court's attention.
Mr. Oyugi further argued in answer to their application being Res Judicata or Res Subjudice that their application only related to the Registrar of Companies Notice and not the Machakos High Court orders. He stated that part of the reason to come to Nairobi was because Machakos High Court Judge was on vacation.
He also interestingly argued that he could not go back to Machakos and was entitled to come to Nairobi because the law bars revisiting orders granted under Order 53 of the Civil Procedure Rules.
I have carefully perused the material and deponements submitted in this case and I have also carefully considered the arguments from both sides. I will first deal with the issue of jurisdictions raised by the Applicant as his last issue.
There is no doubt and the Respondents/ Ex Parte Applicant did not specifically deny the fact, that in Machakos High Court Civil Misc. Application No. 245 of 2009, it had sought for a grant of leave to apply for an Order of Certiorari to remove into the High Court for quashing, the decision of the Registrar of Companies dated 1st July, 2009 calling for the convening of the Annual General Meeting of Kyanzavi Farmers Company Limited for the years 2007 and 2008. It has also sought that the leave granted operate as stay of the proposed Annual General Meeting or the decision of the said Registrar for the convening of the Annual General Meeting.
There is no doubt also that the Machakos High Court granted the leave and made it operate as stay to the said Registrar's decision to have the Annual General Meeting called. Although the Machakos High Court later lifted and set aside its said orders, it nevertheless, also dealt with the issue of calling for or convening of the Annual General Meeting in question by authorizing the Registrar of Companies and the Company itself to convene the Annual General Meeting in a particular manner to include certain relevant items like the tabling of annual accounts etc beside election of the Board of Directors.
It seems to me and I so hold, that the issue of convening the Annual General Meeting of the Ex Parte Applicant for the years 2007 and 2008 was exhaustively dealt with by the Court. In case the party was dissatisfied by that said court, it could only apply for review of or the setting aside thereof or indeed files an appeal against the orders to the Court of Appeal.
The Ex Parte Applicant however instead rushed to Nairobi Central High Court and filed on 4th September, 2009 this application again seeking leave to file an application for the order of Certiorari against the Applicant herein to call into this court for quashing, the decision of the Applicant to issue notice to convene the relevant Annual General Meeting, this time intended to come on 11th September, 2009. The parties in the similar application earlier were the same. The issues were exactly the same although the Nairobi Chamber Summons for leave concerned with the same Annual General Meeting which has earlier been stayed from taking place by the Machakos court order.
On the basis of Section 7 of the Civil Procedure Act, it is my finding that the Chamber Summons application filed before this court by the Ex Parte Applicant on 4th September, 2009 seeking for leave to file a Notice of Motion and making the leave operate as a stay against the Notice of the Registrar of Companies to convene an Annual General Meeting of Kyanzavi Farmers Co. Ltd on 11th September, 2009, was Res Judicata the earlier similar Chambers Summons filed and dealt with by the Machakos High Court on 16th July 2009. This means that the said earlier application was a bar to instituting the application in respect of which the present application was brought to annul. That is to say that the Ex Parte Applicant was not entitled to file application which makes it amenable for this court to strike it out, with the relevant consequences. That is to say that all orders made by this court under it would also be set aside and be discharged. This conclusion should alone dispose of this application. However, other grounds were argued by the parties and I will now turn to consider them.
The application before me was grounded mainly on the issue that the Respondent/Ex Parte Applicant's application, was prosecuted by it without disclosing all the relevant and essential facts of the case, thus denying this court an opportunity to make a proper and just decision. Having considered that ground I am persuaded that it is so. That is to say that the Respondent/Ex Parte Applicant, failed to disclose to this court about the Machakos High Court decision convening the issuance and the later setting aside of the leave to file a Notice of Motion seeking an Order of Certiorari. That court's reasons for doing so should have been disclosed since they were bound to persuade this court one way or the other.
I further agree that had circumstances surrounding the issuing of the orders by Machakos High Court been placed before this court by the Respondent herein, this court would first have found that this application here was res judicata and would have struck it out. In addition, this court would not have granted the leave sought and would also have not have made the leave to operate as a stay.
Incidentally, this court notices that in filling the Machakos High Court Miscellaneous Civil Application No. 245 of 2009, the Respondent was actually evading a similar application earlier filed in Nairobi High Court as High Court Miscellaneous Civil Application No. 416 of 2009 (JR) on 14th July, 2009 in which Dulu, J refused to grant similar relief's on the above date. It is possible to state that the application must have been validly pending in this court when the Respondent filed the other two, in Machakos High Court and in Nairobi High Court.
What is most worrying about this circus by the Respondent / Ex Parte Applicant, is the fact that all was being conducted by advocates and officers of this court who knew of the position of the matter under the law and who were misguiding and assisting a party by using the law to delay the end result and thus committing open injustice. A conduct like that, with great respect to those concerned, is below their dignity as advocates of the High Court and one which needs to be brought to the attention of the Law Society of Kenya.
Be that as it may for the reasons stated hereinabove, this application has merit. It is hereby allowed as the application by the Respondent/Ex Parte Applicant dated 7th September, 2009 is hereby struck out as Res Judicata and order granted there under are hereby lifted and set aside. Costs are to the Applicant. Orders accordingly.
Dated and delivered at Nairobi this 5th day of February, 2010.
D A ONYANCHA
JUDGE
Sorghum: The white gold
of Kitui emerges
By Ibrahim Tayari in Mutomo
M
ore than 10,000 farmers in Eastern province are reaping the benefits of growing sorghum for beer making after East Africa Breweries announced it will buy all the grain .
East Africa Malting Ltd (EAML), a subsidiary of EA B L has partnered with Africa Harvest, a non Governmental organization and Equity Bank to promote the growing of sorghum grain and enhance its value chain in the country.
The new sorghum growing campaign has been designed to develop a commercially sustainable source of raw materials for East Africa's leading brewer and fast-track establishment of a sorghum value chain for Kenya.
According to industry players, thousands of direct and indirect jobs are being created by the chain as the project marks the beginning of commercialization of sorghum in the country.
Under the arrangement, Equity Bank is offering low interest loans to farmers to buy seeds and farm inputs while Africa Harvest is providing the technical support to ensure the best quality is produced for consumption by EAML.
For years, local brewing firms have been reluctant to use sorghum ± the hardy grain that yields considerably well in minimal rainfall and poor soils because they were not sure whether farmers could guarantee consistent supply.
Barley, the grain used to brew most beer grows best in countries with cooler climates but its rocketing price due to a strong global demand and the high shipping costs have made beer making more expensive than ever.
Due to worldwide increases in the cost of sourcing barley, EAML is now investing in sorghum as a malting substitute.
The project has been implemented in the lower zones of Eastern Province; Kitui,Machakos, Makueni, Mutomo, Mbeere, Masinga, Tharaka, Embu, Maara, Meru South , Imenti North and Imenti South.
These areas are characterized by high levels of poverty due to the dry climate, frequent crop failure occasioned by long periods of drought.
The move has already started to substantially improve the economic well being of thousands of poor farmers in dry areas where erratic weather patterns make growing of other crops difficult.
EABL requires more than 60,000 tons of barley every year for making different beer brands, out of this the firm intends to substitute in excess of three quarters with local sorghum. Ms Rose Mutuku of Smart Logistics says the firm hired to source the grain from local farmers by EAML, resulting in a production deficit of more than 25,000 tons.
™This being the first season to introduce the venture, many farmers were still skeptical about the idea and thus production is below our targets∫ Ms Mutuku said.
She says EAML will be forced to import gaddam sorghum this year from Tanzania because farmers will not be able to satisfy demand but reckons that the situation will improve in the next seasons.
Dr Rose Njeru, Technology Deployment Director at Africa Harvest says: ™We anticipate that the 13 tons of sorghum seeds planted by November last year will be harvested and bulked by our farmers bringing much needed income into their pockets∫.
The initiative was mooted last year by EABL with 20 tons of the gaddam seeds, the white sorghum variety ideal for brewing were distributed and proper sensitization was done to farmers in the region. Harvest preparations are underway as more than 50 collection centers have been established to collect and bulk the grain.
Africa Harvest CEO Dr Florence Wambugu expects better performance in the next growing season as the project picks up momentum.
She says: ™It is anticipated that with the good spirit of cooperation and teamwork between the various stakeholders, the region can supply most the growing demand for sorghum grain∫
Sorghum, ranked the fifth most important staple food in the world after wheat, barley, rice and maize has suddenly found its way to the top after EAML guaranteed buying all the grain produced locally.
Farmers who grew the gaddam sorghum variety are now smiling all the way to the bank after the firm declared a farm gate price of Sh 17 per kilo.
Mrs Mary Mutemi from Mwingi central gambled with the EAML idea and dedicated eight acres of her farm to the new crop. Without applying any fertilizer, she now expects to harvest at least 50 bags of sorghum.
™This is unbelievable and we are very happy. At last we've got our own cash crop with a guaranteed market like coffee and tea∫ Mrs Mutemi said adding farmers will redouble their efforts in the next season. She says that at first she was not enthusiastic about the idea after many years of consecutive crop failure but she will now increase her acreage next season because gaddam sorghum can withstand the harsh weather conditions in her area.
EAML has also put in place logistics to ensure that farmers are paid instantly for their deliveries.
Local leaders have welcomed the initiative saying there was an urgent need to revise the country's agricultural policies to tackle the present challenges in line with the prevailing economic realities.
Vice President Kalonzo Musyoka says farmers would effectively cultivate enough sorghum as long as the market for their produce was guaranteed and that this will translate to enormous benefits to them and the country's economy.
However, they have voiced concern over the initial prices of Sh 17 per kilo offered by the brewing firm saying it should be revised upwards to cushion farmers against high cost of production.
Kitui south MP Isaac Muoki whose area is among the leading sorghum producers suggested that the Government impose heavy taxes on barley importation in order to encourage the grain production in the country.
™This country is living a big irony. We import barley from Russia and Canada at very exorbitant prices to make beer yet cheap sorghum can be grown locally for the same purpose at obvious great economic benefits to poor farmers∫ he said.
The big contradiction, he added continued even as foreign giant brewers like the Heineken of Dutch and Diageo of Britain sourced sorghum from African countries for their different beer brands which unscrupulously ended up into the Kenyan market.
Mr Muoki says it was wrong for the Government to keep on taxing the bottle prices every year, which were obviously passed on to consumers instead of making the trade of producing the agricultural raw materials commercially attractive to local farmers.
MPS seek six
new constituencies
As the Interim Independent Boundary Review Commission (IIBRC) began its sitting at Machakos Social Hall, residents and leaders asked the commission to create six more constituencies in the area.
Most speakers from the larger Machakos district who gave their views called for the splitting of their respective constituencies into two.
Constituencies in the area include Machakos Town , Mwala, Masinga Yatta, Kangundo and Kathiani.
While requesting for the split of Machakos Town Constituency, a resident of Kalama Division said that Kalama was rural, semi-arid and disadvantaged while the Central division was not only urban and cosmopolitan but has superior infrastructure, better economy and social amenities.
Mr. Paul Muia also pleaded for the creation of the Kalama constituency and upgrading of Kalama division into a district saying such a move would speed development due to direct allocation of budgetary funds and other resources which go with the status of a fully fledged district.
Similar sentiments were expressed by representatives from the newly created Mwala district which comprises Mwala and Yathui divisions who wanted the two divisions made districts and called for the creation of more administrative areas citing high population density.
Also demanding elevation creation of more districts and constituencies were speakers from Kathiani, Yatta and Masinga. The MP for Kangundo Johnson Muthama while giving his views called on the commission to be fair and impartial in the execution of its mandate.
He cautioned that physical boundaries should not divide residents neither should they be a source of political rivalry. He said his constituency was experiencing a high population growth with over 350,000 people and required a new constituency.
The Mp attributed the growth to the influx of people from surrounding areas like Lukenya, Nairobi , Athi River , Thika among others who buying plots and building permanent houses in Kangundo owing to its proximity to Nairobi .
He said people working in Nairobi are housed in Kangundo and retire to their homes daily. The commission was in Machakos town for three days to take views of residents on boundaries review.
Mps Charles Kilonzo, Machakos Town Dr Victor Munyaka and Mwala Mp Daniel Muoki also spoke, seeking new constituencies. Others included former cabinet Minister and Mwala Mp Mr John Katuku and former Machakos Town Mp Mr Jonesmus Kikuyu.
MPwalks the path
of filthy toilets
MP steps on path of filthy toilets
By Mwona Keli
IS the Machakos Town MP Dr Kioko Munyaka biting more than he can possibly chew? Well, time will tell.
Munyaka, a first time MP was elected on an ODM-K ticket to represent Machakos Town in Parliament. Upon his election, The Anchor did point out to him that among his many roles, the management of the Municipal Council of Machakos was certainly out of question.
The Anchor did this deliberately because many MPs elected in areas where there is a big council, end up poking their nose into the affairs of the council and in most cases behave like the pettiest of the civic leaders. Often, these liaisons with councils form a basis for losing elections.
So when Dr. Victor Munyaka stormed the Machakos Bus Park to re-open a council public toilet which was closed down ten months ago, he may not have exactly comprehended what he was doing.
The toilet was closed by Public Health officials after road construction company damaged its drainage system. The damage came at a time the Municipal Council was migrating from a free public toilet policy to one where residents cost-share in the maintenance of such facilities.
Dr Munyaka led a cabal of loyalists and a cheering crowd, saying he was disappointed to see the public toilet closed forcing wananchi to pay five shillings at the nearby Iko toilet.
The town has two Iko toilets where members of the public pay sh5 to relieve themselves but the MP said the charge was too high and could not be afforded by poor residents of the town.
Munyaka was so courageous that he instructed the council to take responsibility of ensuring that the toilet is in good condition adding that the municipal council to maintain using taxes collected from the residents.
If Munyaka was dead serious, he would have gone a step further to visit the human waste monument at the Wholesale Market, a toilet facility where human waste make a stinking barricade as residents help themselves a step away from the latest heap.
The MP also intimidated the council, saying he would to mobilize wananchi in future to demonstrate if the council failed to maintain the toilets.
Dr Munyaka said that the CDF would release Sh150, 000 to rehabilitate the toilet and donated rolls of tissue papers and detergents for use in the toilet- this a very ambitious plan indeed. Observers are wondering for how long will Mr Munyaka be buying toilet paper for users of the toilets.
Indeed, it gives the picture of a vet dreamer. He surely went to school up to university. Did he ever see toilet paper dangled in those institutional toilets?. Even in the city, did Dr Munyaka ever see toilet paper in the ruins they used to be? It could be understood that the casinos he patronizes may have such trappings.
If there is any field that municipalities, including the Machakos municipality, have failed it is in the maintenance of public toilets. Dr Munyaka knows this fact only too well and observers see his visit to the Machakos Toilet as high noon drama as he seeks toilets for a starved people, who if anything, need jobs he can create with CDF.
Machakos mayor councillor Fidelis Kimuyu said H-Young Construction Company was to blame for it blocked the toilet drainage system. He said the council was forced to close down the facility in order to maintain hygiene in the area. Even then, Kimuyu had to contend with shouting and drunken youth. He had to abandon his speech to wrestle the loudest of them as Dr Munyaka watched.
What the mayor did not say was that the council had as much as given up on a free toilet facility for residents. He could have used the opportunity to inform the MP and residents that they must seek to dispose of their human waste at a cost since that was the emerging trend that guarantees availability of clean public toilets.
There has been growing public speculation that the councillors had conspired to demolish the toilet and put up kiosks, a development that may not be far from truth. For sure, it is not practical any more for the bus park to have two toilets to serve residents who after all are food deficient. In any case what use would starved people have for two toilets on one bus park?
The Iko Toilet concept was introduced in Machakos last year, based on Public Private Partnerships, a popular policy framework that the government is encouraging. Under the PPP plan, a Build Operate and Transfer (BOT) agreement was done, meaning that the investors will operate the toilets until they recoup their costs and then exit to allow the council to run them. It is a successful concept in Nairobi and Nanyuki. Since its introduction in the city, the specter of filthy public toilets ended, ushering in a regime where public toilets are maintained in clean conditions for use by residents.
However, residents who cannot afford the charge have been urinating in alleys and on the Machakos General Hospital fence while the homeless and street boys defecate behind the kiosks at the bus park leaving a foul stench across the town. Even then, the street communities are known to defecate outside these toilets, even when they were open..
Mjini Ward councillor Peter Mutiso who is the area councillor said the Iko toilets were an inconvenience as they opened at 7.00am and closed at 6.00pm leaving residents without a public toilet facility, an aspect that ought to be looked into.
The bus park is heavily crowded as travelers use the terminus to board vehicles towards destinations across the entire Ukambani region and other parts of the country.
Strange stance as
Chief Justice visits
By Nguma Kitone
CHIEF Justice Evans Gicheru finally bowed to pressure and visited the Machakos law courts for the first time to access the situation there for him self. His visit came soon after local lawyers protested his decision to remove young and effective Justice Isaac Lenaola and replace him with aging Justice Hatari Waweru. Even then, Gicheru's itinerary was not devoid of drama as his handlers , for undisclosed reasons successfully managed to keep the press off the CJ
There was drama as his security guards barred members of the Fourth Estate from accessing him at the Judge's Chambers and, unbelievably the High Court itself where he held a session with local staff and lawyers.
Gicheru arrived at the law courts shortly before 3.00pm and went straight to the Judge's chambers where he was received by outgoing Judge, Justice Lenaola.
When reporters arrived moments after he had entered the chambers, three body guards planted at the door denied them entry.∫The Chief Justice is meeting his people and you have no business getting in. When a man is in his bed room with his wife, visitors are not allowed in∫, one of the seemingly armed men yelled gleefully. It could not be discerned immediately who among those at the meeting could have been playing the roles of wife and family of the CJ at the meeting, if at all.
Nevertheless, they asked the newsmen to wait until he comes out of the meeting, to which they obliged.
But when he emerged to address lawyers at the High Court, the very same guards shamelessly chased away reporters as they attempted to use the public entry to the Court Room. It is understood that the CJ told the lawyers that he had heard their protest and urged them to remain quiet as he seeks a solution to the crisis he created himself. Lenaola goes to Kakamega to replace the Judge indicted on corruption.
The same behaviour was witnessed in Kitui Law Courts where reporters were kept away with a bewildering attitude. Gicheru is said to have looked the other side when he came face to face with reporters and walked away. Reporters also left the venue. The CJ also visited Kitui Town Hall, where it is said, the judiciary is seeking a court room.
The CJ's move to transfer Judge Lenaola in yet unexplained circumstances has thrown Machakos into confusion as the wheels of justice are expected to suffer a set back. Lenaola has hundreds of partly heard cases and had overcome a glut of cases that had piled at the station before he was posted to Machakos two years ago. His transfer came as the local Branch of the Law Society of Kenya appealed for a second Judge to be posted at the station.
Though lawyers have not opposed the posting of Mr Justice Waweru, there are loud murmurs, rumours and questions within the corridors of Justice as to whether he will cope with the workload in Machakos.
This notwithstanding, Machakos lawyers have vowed to down tools to protest shortage of judicial staff at the facility.
The lawyers, led by the Law Society of Kenya Machakos branch chairman Mr.Andrew Makundi want the Chief Justice to post an additional Judge and magistrates to Machakos owing to a backlog of cases.
Wednesday 17 February 2010
Monday 25 January 2010
About The Anchor
A Profile of
The Anchor
The Anchor is a monthly publication that is based in Machakos, Kenya.
It circulates from Nairobi and is read widely in all districts of Lower Eastern Province, that cover Ukambani. It is published in English.
The Anchor
The Anchor is a monthly publication that is based in Machakos, Kenya.
It circulates from Nairobi and is read widely in all districts of Lower Eastern Province, that cover Ukambani. It is published in English.
The Anchor, January 2010
Main Story
Fresh theft in Malili
as leaders go silent
By Martin Masai
EVEN AS the High Court entered the Malili Infamy with an order stalling transactions that may lead to the construction of Malili Technopolis, it is emerging that local political leadership has left citizens alone to be robbed.
Save for Kitui Central MP Charity Kaluki Ngilu who has been supporting the payment of Sh 1.4m for every 5,000 acres to Malili peasants, all other leaders-notably Vice President Kalonzo Musyoka, Kilome MP John Harun Mwau, Kaiti MP Gideon Ndambuki and Kangundo MP Johnson Muthama, had remained studiously mum.
This silence emerged as The Anchor obtained documents that show that some new players, hitherto unknown to the deal, have joined in and have most likely been paid over Sh. 100m, apparently for onward transmission to MPs or other players as a Silencer Fee.
It is alleged that the money has been spread to the ODM-K MPs and top Civil Servants, some coming from Ukambani in what is clearly a brutal theft from the poor.
A law firm- Kamotho Maiyo and Mbatia, located on the same Building with Eric Mutua and Company Advocates- the lawyers for Malili Ranch Limited have apparently been looped in.
Mr Kamotho Waiganjo, in a document seen by The Anchor has been instructed to move a Total of Sh 210m belonging to Malili Ranch, which seem to have been in his custody to four other firms.
The November 4 document was allegedly drafted from the offices of an ODM-K MP and instructed to be put on Malili Letterhead and be signed by new Malili leaders to effect the payout.
The documents bear instructions that Gateway Logistics be paid another Sh 60m, on top of the Sh 40m already paid to them by the former Malili Chairman Mr Josiah Munuka, now deceased. Malili Directors, in another document acknowledge that they sanctioned the payment of the Sh 40m to Gateway, representing a four percent commission as allowed by law for unspecified services to Malili.
Erict Mutua would also be paid another Sh 40m, the fact that he had been paid some Sh. 28m as legal fees notwithstanding. Interestingly, Malili Directors say this payment is as a result f the fact that Mutua ™negotiated with the Government on behalf of the company(Malili) (and) had to undertake amalgamation/collection of the individual plots and allotment/share Certificates to make a total of 5,000 acres.∫.
This information is obtained from a document that we have published elsewhere in this paper. However two directors of Malili- Mr Peter Kanyi and Mr Julius Kilonzo have distanced themselves from the contents o the documents which alleges they were present during the meeting held on December 14,2009 at Malili Ranch Boardroom.
The Anchor went a step further to find out if indeed such a meeting took place. Our findings are that the meeting took place but the conditions surrounding Mr Kanyi an Mr Kilonzo at the time could not justiy anyone to say that they were active participants at the meeting.
This is because they had been subjected to intimidation by the police and some politicians who demanded threatened them with tax payment demands unless they quit their positions as Chairman and Secretary of Malili.The said meeting took place the day Kanyi and Kilonzo gave up their positions.
It was held at the offices of Mr Mutua and not Malili since Malili Ranch Ltd has no boardroom unless it exists only in the minds of those who drafted the minute.The most curious instruction to Mr Kamotho Waiganjo is that he pays a whopping Sh 107m to a construction firm called CCH Master Builders Africa Limited. This payment was to be wired through its EcoBank Kenya Limited Account Number 0410200024, Plaza 2000 Branch, P.0.Box 27607-00506, Nairobi .
Our investigations reveal that CCH Master Builders are new entrants to the Malili Fiasco and may have entered after a disagreement arose between its owners and Gateway Logistics over the demand for commissions. Indeed, CCH is the beginning and end of the Malili riddle. So who is CCH Master Builders Africa Ltd? This is a matter of another day. But preliminary investigations are pointing at a wealthy politician and ODM-K King-pin whom we will not name until he responds comprehensively over what is going on at Malili.
The resolution to pay Sh 1.1m for the 7 acres means that each acre would go for Sh 157,000 and not Sh 200,000 that the government was paying for the land. So why would the directors of Malili want to pay Sh 300 less that the agreed price to poor farmers?An explanation that the reduced amount was being paid due to alleged theft of millions of cash by Malili Directors is the lie that the thieves have advanced.
The fact of the matter is that the thieves have decided to pay farmers less cash so that they can steal the rest of the money.Indeed the other explanation that part of the money was to meet costs of the survey and compensation of those who had erected structures on the land is hogwash- since those costs were supposedly defrayed with Sh 97m raised from the decimal 8 of an acre from each of the 609 parcels that make the 5,000 acre land that the sate is buying
Our investigations show that by the time Kanyi and Kilonzo exited as top officials, they had paid a total of Sh 157m to 112 members. If the decision to pay Sh 1.1 is upheld, it means that the thieves will save some Sh.149m to share among themselves after paying the remaining 497 members.Now we ask: Why does it take Mrs Ngilu- who is not a member of Malili to fight along the peasant farmers and not the MPs whose voters are being robbed in broad day-light?Why is Kaiti MP Gideon Ndambuki and Mr Mwau silent over Malili thefts? We have however established that Mr Ndambuki, himself a member of Malili was paid a total of Sh 2.8m for his two plots within the area. It means that he accepted Sh 1.4 per piece. So why would he remain silent after it became public that his poor constituents would be paid Sh 1.1m?
Questions are being asked why he failed to team up with his constituents the first time they convened at Malili and were scattered by the police as they queried why the transactions were being carried out in secret. Again when Mrs Ngilu joined in a protest meeting at Malili, Mr Ndambuki and Mr Mwau stayed away and only issued a statement saying he would not allow anyone to pay less money to the peasants.
Again, the peasants met alone at Malili Market and shouted themselves hoarse after the officials started paying Sh 1.1. Mr Ndambuki and Mr Mwau remain silent.
It was after the residents discovered that their leaders would not speak out that they raised funds and went to court to seek help. Sources indicate that Mrs Ngilu has offered to help the peasants fight for their rights
At the High Court, the government was stopped from buying the disputed Malili Ranch.The temporary order is effective for 14 days. Justice Roseline Nambuye made the order after she was told by a group of the shareholders that the sale is illegal.
The judge restrained the Permanent Secretary in the Ministry of Information and Communication Mr Bitange Ndemo, the Attorney General Mr Amos Wako and Malili Ranch Limited. They were restrained from selling, transferring or interfering with Malili Ranch for 14 days, allowing the first time that the mater will be discussed face to face, and not the boardroom sessions where vested interests have informed past transactions.
The Stete had paid an initial Sh 400m and has been holding a balance of Sh 600m. The Judge restrained the government from paying the balance of the purchase price of the land. The documents indicate that the government bought the land for Sh1 billion and has already paid Sh400 million. The Shareholders who went to court are Messers Timothy Mbuti, Joshua Kilonzi, Benjamin Muthoka, Rajabu Mohammed, Simon Muindi, Mutwiwa Mutetei and Kikuna Mutungi.
They are arguing that their land was sold without their consent or consultation. They told the judge that they have started to develop their portions and it is wrong for the ranch to sell the land without their knowledge and compensation.
They want the court to stop any transaction until they are consulted and fully compensated. The shareholders said despite the notice of intention to sue, the ranch and the government have refused to consult them.Knowing that the forces seeking the Malili Millions are strong, it remains to be seen how effective the court intervention will help. We were informed the forces seeking the millions would be storming the courts to reverse the stoppage order.
Besides, The Anchor has been informed that even as the haggling went on, the government was in the process of transferring the land to itself. If this happens, it means that the state will have made it easy for the thieves to even slash the funds further and set the stage for endless litigation, a development that will confirm that deep rooted corruption in Kenya is often fueled by the government itself
Efforts by The Anchor to talk to Mr Mwau failed as his aids said he was out of office. Mr Ndambuki staggered appointments for an interview with The Anchor Editor and we will bring his comments as soon as he responds, alon with Mr Muthama.
KCPE: Machakos at
historic rock bottom
By Nguma Kitone
AS Predicted by The Anchor, Machakos District is sliding towards oblivion in the performance of National Examinations.
With the outcome of KCPE , it is being confirmed that times when Machakos District was a household name in K.C.P.E performance is long gone and only memories of its past record linger.
Current statistics are so worrying and pathetic that they spell doom to the future of KCPE.
It is emerging that majority of the candidates presented to the examiner last year could not score half the marks.
The District managed a mean score of 235.18 and was ranked 114 nationally, clearly making it a pale shadow of what it was some 10 years ago when Machakos topped the entire republic.
Even then, Machakos District Education Officer Mr Abdulkadir Ali called The Anchor to share some `good news' that the greater Machakos District had emerged as the best improved district at a rate of 6.7 percent. ™The Provincial Director of Education has just rang to congratulate me upon this improvement∫, Mr Kadir told The Anchor Editor Mr Martin Masai.(We are awaiting a letter of congratulations from the PDE to Mr Kadir, which we will run verbatim).
It however looks curious that an assessment on improvement could have been done on the basis of a district that was split up to over a year ago. Indeed the new districts of Kathiani, Mwala, Athi-River, Kangundo and Matungulu have their distinct education administration, let alone other government structures and it is mind boggling why anyone, let alone the PDE would want to assess Machakos with districts that became independent quite a while ago and are well set for competition.
Nevertheless, observers must ask: What could have happened to Machakos, given that the newly created Districts like Mwala and Yatta are doing much better and are ranked 46 and 67 respectively.
At a glance, 40 percent of all the candidates presented in Machakos will not meet the set cut off marks to join secondary school and will most likely join the ever growing army of school drop-outs.
This scenario condemns these children to a life of hopelessness. The under-performance puts parents in a quagmire not sure of what to do next.
In the whole of Machakos, less than 20 pupils scored 400 and above marks.
This unacceptable and unbelievable show means that only 20 Machakos students will go to national schools.
Makueni still keeps the fire burning and was ranked 18th overall. The big question should be: what is the root cause of the poor performance in Machakos District? Put another way; is the management of education in Machakos in the right hands? Are all the players- the District Education Board, District Education Office, the Branch leadership of the KNUT, parents, teachers and other stakeholders reading from the same script? That answer can not be in the affirmative. Reports dotting out pages in the last year or so show that all forces in education are pulling in different directions.
The Anchor carried out an investigation aimed at finding out what could be causing the below per performance and here is our findings.
Teachers and parents interviewed said that they were not surprised by the poor results and all admitted that come next year the story shall be the same or worse unless drastic changes are taken.
First, teachers moral in Machakos is at the lowest ebb due to skewed promotions on the part of school managers. Time is long gone when teachers were promoted according to their class performance and managerial skills. Today, promotions to headship in Machakos are pegged on how loaded your pocket is and whether you are ''obedient''∫ and ''supportive'' to the ''system'' in place∫.
Its seems that the Knut Branch leadership is in charge of promotions at the DEO's office since only supporters of the current leadership of Albanus Mutisya gets promoted to headship.
A clique of 2 Education Officers from the DEO's office liaise with KNUT office to find out those teachers who can fit in the system.
Few teachers can be appointed to any post without the approval of the KNUT boss. In a case in point, one of his key men at the Masaku Teachers Sacco, who had hardly served as Deputy head teacher for two years has now been promoted while some other teachers have been serving as deputies for over 10 years.
Presently, Mr. J Muthonga's posting to perennial poorly performing Kusyomuomo Primary as the Head teacher has raised eyebrows and those who know how promotions are conducted in Machakos were not surprised.
™His elevation will not encourage anyone It kills our motivation and spirit to perform∫ said a Deputy who has worked as a Deputy for 13 years. ™Who can express our plight since KNUT is at the centre of everything and we can all not fit in the system∫ ?, asked the deputy head teacher.
Besides, staffing levels leave a lot to be desired in Machakos Primary Schools. Generally the government is to blame over the teacher shortage in schools. Since the inception of FPT, there has been an increase in school enrolment without a corresponding increase in the teacher pupil ratio. The result is such that teachers avoid giving any homework or excercises to pupils as they can not possibly mark over 80 books from each of their classes.
Worse still the available teaching staff in the District is not well distributed and the D.E.O should explain why teachers overcrowded in some schools while other schools face severe teacher shortages.
Many schools are understaffed and one wonders how teaching is conducted where 8 classes are manned by 5 teachers.
Some schools with 24 classes have over 40 teachers? This explains why some schools can never perform. All schools are equal and equality should be the norm when it comes to posting and staffing of teachers.
Another factor undermining education is insufficient materials. Despite the governments efforts to supply schools with funds to buy teaching aids and textbooks, the efforts have been hampered by corruption through book sellers and the school managers. School procurement procedures have been punctured, leading to loopholes that allow embezzlement of funds set to buy books, furniture and other materials
Katoloni primary school presents the best example in this case. The school is yet to enjoy money given to buy 40 desks after a teacher embezzled the cash, yet the D.E.O is aware and no steps have been taken to ensure that the money is refunded to the school and that the desks are bought.
When learners are over crowded learning cannot take place smoothly and learners have difficulties in undertaking assignments.
Another factor is the caliber of officers who supervise the education process. The Anchor discovered that most of them are gone beyond their sale-by date.
Machakos District has two Divisions Kalama and Central which are further divided into three zones. The two A.E.O's have worked in the District in the same capacity for over 25 and do not have new ideas to cope with dynamic times presented by the challenges of Free Primary Education. years.
Worse still, it remains debatable if the AEOs are the best placed persons to ensure that education is improved in Machakos, given the fact that one of the is immersed in questionable actions and politics of Knut, factors that undermine integrity as education officers.
Top KCPE boys
cast a wide view
THE top Machakos Primary kKCPE candidate and number five in Eastern Province master Muli Nguli wants to become a Surgeon. His classmate Allan Kyalo 13,says he wants to become an architect.
Muli who scored 429 marks has his eyes on the prestigious Mang'u High school while Kyalo who got 418 marks wants to join Alliance Boys.
Muli said he wanted to become a medic so that he could be saving lives of the sick, especially accident victims.
The first born in a family of six said he was happy with the results saying he would now fulfil his dream of studying at Mang'u school.
Young Muli attributed his sucess to God, hard work and the maximum support he enjoyed from his parents and teachers.
''I have always looked forward to join Mang'u for my secondary education.it,is a dream come true'',he said.
We found the family having breakfast and Muli's mother Mrs.Emma Muli,who is a lecturer at the University of Nairobi could not hide her joy.
™He has done us proud and we thank God for him∫, said the mother adding the family screamed the whole night with excitement.
She added that Muli is a very organised,focused and a time concious boy who spend his time doing worthwhile work. The father,a seasoned journalist Mr.Muli wa Kyendo said their son is disciplined, obedient and hard working.
Many a time I found him googling to find answers to Mathematics and other subjects∫,said Mr Kyendo.
He added that the internet is very useful in getting students understand if they use it in a sensible manner.
Allan 13 attributed his performance to prayers, hard work and supportive parents and teachers who spared their time to guide him.
His mother who is the Principal of AIC Mbooni girls high school thanked Machakos primary school teachers for guiding her son to success.
Opinion
Kadhi Courts debate exposes
naivety of Christian crusaders
By FR JOACHIM OMOLO OUKO,
I laughed when I heard that Evangelical churches have threatened to rally Kenyans to reject the new constitution if Kadhi's courts are included in the draft. Under whose power or authority do they threaten to rally Kenyans? And who are they by the way?
First of all Federation of Evangelical and Indigenous Christian Churches of Kenya are very ignorant. Kadhi's courts are not religious courts as they put it. Kadhi's courts have been in the Constitution since independence and their jurisdiction covers only Muslims on issues of personal law and not religion.
Also ignorant are the representatives of the mainstream churches. Like Evangelical they have threatened to rally their followers to reject the draft constitution if Kadhi's courts are not left out.
In their recent meeting - Dr Gideon Githiga of the Anglican Church of Kenya, Bishop David Kamau of the Nairobi Catholic Archdiocese, Presbyterian Church of East Africa moderator David Gathanju and John Mugecha of the African Independent Pentecostal Church of Kenya, they resolved that Kadhi's courts should be included in the current Constitution.
I like the diplomacy of the National Canon lawyer of the Catholic Bishops in Kenya, Fr Dominic Kimengich in saying that the stand of the Church could only be communicated by the chairman of the Kenya Episcopal Conference, Cardinal Njue, who was at the time of clerics meeting was in Rome. In other words Bishop Kamau would have not spoken on behalf of the Kenya Catholic bishops.
Fr Kimengich is indeed very smart. He even said the cardinal can only make the decision after meeting the other Catholic bishops. The fact that he is the Kenya Episcopal Conference does not give him the power to speak on behalf of the bishops.
Fr Kimengich was so diplomatic when he said that an individual bishop may attend any meeting discussing such a matter. In other words bishop Kamau was right like any individual Kenyan to attend the meeting.
The church leaders' statement which came a day after Chief Justice Evan Gicheru said Kadhi courts established under British colonial rule should not be abolished was a reaction to CJ's remarks he made in Mombasa.
The church leaders are even bitter with the Committee of Experts, which is writing a new constitution. They have said that kadhi's courts are not a contentious issue and therefore should not be rejected.
These so-called religious leaders are very naïve indeed. They think very narrowly. For them they understand that the Constitution was being changed to improve the lives of Kenyans. They only look at it in terms of Kadhi's courts, abortion and same sex marriage. They do not know that with or without constitution abortion and same sex marriage will always be there whether they like it or not.
The fact that Kadhi's courts have always existed in the current constitution, it would be too naïve to say that it should not be in the new one. Why religious leaders did not reject it for years that it has been in the current constitution. Or may be they were not even aware that it existed. God forgive them for their ignorance.
Religious leaders are not even aware that the Kadhi's courts came into being with the independence Constitution in 1963 but had been in operation even before. They are anchored in the Constitution under Article 66 (8) which states: ™There shall be a Chief Kadhi, and such number, not less than three of other Kadhis as may be prescribed under an Act of Parliament.∫
Article 66 (12) says ™the jurisdiction of a Kadhi's court shall extend to the determination of questions of Muslim law relating to personal status, marriage, divorce or inheritance in proceedings in which all the parties profess the Muslim religion.∫
Religious leaders' sentiments have even influenced Tanzanian Catholic Bishops. They have challenged the idea of having the Kadhi's Courts, arguing that if legislators debate it, as it is likely to be the case, then the state authority would no longer be neutral in religious affairs. This, they say, is at best to contravene the Constitution, for a secular state authority cannot lean towards a certain religious persuasion without seriously risking its national unity.
Even though Article 19 (2) of the United Republic of Tanzania's Constitution (1977) states that worship and propagation of a religion is an individual's private affair and therefore the state authority shall not involve itself in the affairs and management of religious bodies, this does not mean that the Kadhi Courts should not be introduced.
Kadhi, an Arabic term that refers to a judge, specifically meaning a Muslim magistrate who has the power of adjudicating on matters according to Islamic law otherwise referred to as Sharia law have been in operation ever since before Kenya's independence.
The religious leaders in Kenya are not even aware that there are about 17 Kadhis nationwide serving in different parts of the country. These courts are located in various parts of the country including- Kwale,Kilifi, Mombasa and Lamu districts; Nyanza and Western provinces; several districts in Rift Valley province; Wajir and Mandera districts; Nairobi, Central and Eastern Provinces; Garissa and Tana River districts; Marsabit and Isiolo districts.
The Kadhis' Court in Nairobi is located in Upper hill. Inquiries by prospective applicants may be made at the Registry or a court clerk who may offer assistance as to the proper documentation and payments necessary to be made before an application is made.
Without prejudice to section 65 (1), of current constitution there shall be such subordinate courts held by Kadhis as Parliament may establish and each Kadhi's court shall, subject to this Constitution, have such jurisdiction and powers as may be conferred on it by any law.
The Chief Kadhi and the other Kadhis, or the Chief Kadhi and such of the other Kadhis(not being less than three in number) as may be prescribed by or under an Act of Parliament, shall each be empowered to hold a Kadhi's court having jurisdiction within the former Protectorate or within such part of the former Protectorate as may be so prescribed: Provided that no part of the former Protectorate shall be outside the jurisdiction of some Kadhi's court.
The jurisdiction of a Kadhi's court shall extend to the determination of questions of Muslim law relating to personal status, marriage, divorce or inheritance in proceedings in which all the parties profess the Muslim religion.
The Muslims want it be included in the proposed constitution given that in the current constitution Kadhi's courts have neither been satisfactorily integrated into the national legal system nor given their own proper structure and hierarchy, and no distinction made between the judicial role of the Chief Kadhi and his role as a spiritual leader.
In the proposed constitution the hierarchy of Kadhi's courts will be as follows: Kadhi Court of Appeal presided over by the Chief Kadhi and two Kadhis -since many Districts with predominantly Muslim populations are far removed from Nairobi, where the Kadhi Court of Appeal would normally sit, the rules should provide that the Court should sit in these Districts on a regular basis.
The Supreme Court on appeal from the Kadhi Court of Appeal only on a constitutional matter, the Kadhi courts shall have jurisdiction to deal with civil and commercial law where all the parties profess the Muslim faith, in the manner of small claims courts (which are expected to be established shortly), without affecting the rights of parties to go to other courts or tribunals with jurisdiction over the matter.
The Chief Kadhi shall have the same status, privileges and immunities as a High Court judge, the Senior Kadhi as a Chief Magistrate and the Kadhi as a Resident Magistrate. The Chief Kadhi and other Kadhis shall be appointed in the same way as other judges.
Apart from the Chief Kadhi, who shall be a member of the Judicial Service Commission, a Muslim woman is nominated by the national Muslim organisation.
The qualification forappointment as Kadhis include having a degree in Islamic law from a recognised university and being an advocate of the High Court with, in the case of the Chief Kadhi, at least 10 years experience, and for other Kadhis, at least five years' experience as an advocate of the High Court. Kadhis shall be full time judicial officers and shall not have responsibilities of a spiritual nature.
Quick action restores order
at stinking Mwingi mortuary
MWINGI District Hospital now has new mortuary equipment. This means that those whose bodies are stored there will be preserved well before burial.
When our reporter visited the mortuary, ministry of health engineers doing final touches on the repair work which the medical administrator Mr. Ngugi Mbugua said had cost an upward of Sh.700,000.
™The repair works on the coolers in the morgue is almost complete now, it will be operational anytime. We will start receiving bodies anytime as the engineers are just monitoring the fitted mortar to ensure they are functioning properly,∫ said Mr. Mbugua.
He said that as the morgue was being repaired all bodies were being referred to another morgue in the neighboring Mwingi West district which was reportedly overwhelmed by the bodies being taken there.
Mr. Mbugua said that as the cold rooms were being rehabilitated the nine bodies that were still lying there had been embalmed and preserved in a store awaiting collection by relatives.
He however disclosed that the morgue could only accommodate 14 bodies adding that there were plans to build a bigger mortuary at the cost of Sh. 20 million in future.
The repairs come about three weeks after Vice President Kalonzo Musyoka visited the Mwingi district hospital morgue to find it in awful state with decomposing bodies sending out a pungent smell, the facility has been repaired.
The mortuary coolers broke down in 2006 leaving bodies preserved therein to rot and it was not until last December 18 that Mr. Musyoka visited the facility in a bid to salvage the situation.
Days before the VP who is the Mp for Mwingi North visited the morgue, his Mwingi South counterpart David Musila had also visited the place. Both leaders castigated the Mwingi district heath team for taking too long to rectify the situation.
During his visit to the morgue Mr. Musyoka endured the pungent smell of decomposing human bodies to venture right into the innards of the mortuary to see first hand the deplorable state of the facility.
Besides fighting the stench from rotting bodies that was powerfully assaulting his nostrils, the VP came face to face with rotting bodies heaped upon each other outside the collapsed cold rooms.
So shocked was the VP after touring the facility that he curtly told the Assistant Director for Medical Services Dr. Simon Mueke who conducted within the morgue; ™Dr. Mueke, you have a job to do here.∫
The Mwingi medical officer Dr. Daisy Ruto told the VP that the assaulting stench emanated from the 13 decomposing unclaimed bodies placed outside the morgue chambers that had not been embalmed and were awaiting court orders for them to be disposed off.
Key events, players and
evolution of the Malili Fiasco
How did the Malili Ranch issue become a fiasco?
By Martin Masai
The Government entered an agreement with Malili Ranch to buy 5,000 acres of land for build what will be known as Milili Technolpolis. The land comprised of 609 parcels of land measuring 7.8 acres.
Each acre would be bought at Sh 200,000. The State paid Sh 1.560 for each parcel. Malili Directors would pay Sh 1.4 to each farmer, leaving Sh 160,000 from each parcel (Sh97m in all) to cater for the administrative costs and compensation for developments of the land.
Leaders of the ranch- the late Mr Josiah Munuka, Mr Kanyi and Mr Kilonzo, with assistance of some Machakos lawyers begun buying plots from farmers at throw away prices- as low as Sh 400,000 per parcel and selling the same land to the government at Sh 1.4m. By November 2009, 112 parcels had been paid for. Sh 40m had been paid to Gateway Logistics as commission and another Sh28m to Eric Mutua as legal fees. Between Munuka, Kanyi and Mr Kilonzo, they had been paid nearly Sh 150m from the land transactions.
The dispute came to the fore late last year after the death of Mr Munuka when two Malili Ranch directors, Mr Peter Kanyi and Mr Julius Kilonzo, were charged with stealing Sh143 million from EK Mutua Advocates in Nairobi.
The two are out on bond and their case will be heard on January 29.
Lawyer Alponse Mutinda, for the seven shareholders, successfully urged Lady Justice Nambuye to block officials of Malili Ranch, Lawyer Mutua and government agents from releasing the money or trespassing, disposing, transferring or interfering with the disputed land, pending the determination of the case.
The judge ordered that the suit documents be served on the respondents. The shareholders fear losing out on both the money and their parcels of land. New leaders of Malili are Mr David Ndolo Ngilai(Chairman), James Munguti(Secretary) Julius Mbau Nzyuko(Vice Chairman) and Leonard Kitua( Treasurer). Kanyi and Kilonzo are now ordinary directors.
Other key players in the Malili saga are Minister for Information and Communication and ODM-K Chairman Mr Samuel Poghisio, his PS Mr Bitange Ndemo, Treasury PS Joseph Kinyua.
When the dispute first arose, Mr Kanyi and Mr Kilonzo alleged that they were taken to court after they rejected a plea by Kangundo MP Johnson Muthama that they sign an agreement for Gateway Logistics to be paid a fee for alleged commission for sale of them land. They sought refuge in the hands of Water and irrigation Minister Chrity Ngilu, who helped them meet Prime Minister Raila Odinga, saying that they would never allow gateway to rip off peasants of Malili Ranch
Mr Muthama is alleged to have reported the matter to the police, leading to the arrest of Mr Kanyi and Mr Kilonzo. He has since told The Anchor that it is true that he reported the matter to the police leading to the arrests and prosecution but he has, nevertheless denied allegations that he was fronting for the payment of the illegal commission to Gateway.
™ My motive was not to push for any commissions for anyone. I have no other interest in Malili other than to ensure that the right thing is done,∫ Muthama told The Anchor.
But since the two were charged and subsequently removed from the chairmanship, The Anchor has seen new signatures on an agreement backdated to February 24,2009, indicating that Gateway would be paid Sh 21,000 commission for the sale of the 5,000 acres, meaning that they would receive a total of Sh 105m from the deal, even when Gateway did nothing to enable the sale of the land to Malili.
Nevertheless, Mr Muthama has remained mum even as it emerged that Malili leaders will pay Sh 300,000 less than the agreed rate with the Government. So what has happened with his drive to have the right thing done at Malili? Why will he not report the current directors to the police now that they are paying less to farmers than what the government paid for? That is the question.
Kitui ranch stares
at bleak future
By Bon Mulu
in Kitui
THE future of the B2 Yatta Ranching Cooperative Society Limited in Kitui District existence if threatened by factors beyond its control, the society's chairman, Mr. James M.Simba,says
Simba said that the invasion of the ranch by 500 squatters has drained the society of a lot of money in court cases. He said that from 2007 to 2009, the society has spend some Sh 901,000 on court cases and other expenses.
The chairman regretted that the lack of diversification to other income generating activities has also put the core activity under a lot of pressure.
Simba was speaking at Kwa Vonza location, Yatta division during the socety's Annual General Meeting of the 30,200 acres ranch. It has a total of about 5,000 members who are from Kitui and Mwingi Districts.
Simba said that the diversification helps spread the risks of investment. He added: ™The weather conditions that prevailed the entire country for the last five years culminating with severe drought experienced in this area and elsewhere was a great challenge. Such weather conditions are bound to occur again and again due to the climatic change. The society should put mechanisms against such adverse conditions, for instance, by diversifying production into other areas.∫
The co-operator said that the society had a total of 2,322 cattle and some 224 goats in January 2009 that he said many of them had died by December 16, 2009. He disclosed that they had remained with some 477 cattle and 110 goats. ™We have a very weak stock base. We need to restock the ranch if we are to be in business. It is very difficult to obtain a loan to boost the sector and due to technicalities involved,∫ the society chairman said. ™ We have to seriously think and support other income generating activities so as to spread the risks involved. The devastating drought has led to deaths of many our livestock,∫ Simba added. Simba announced that the society is also supported by the Agricultural Business Development (ABD) Programme who are willing to finance the society to meet some of its obligations.
The gathering was also addressed by the Kitui District Cooperatives Officer George Nduto and the society's general manager Stephen M.Katee among others. The society's secretary Peter M.Kimanzi and the society's treasurer Praxedes K.Ndeng'e also addressed the function. The District Cooperatives Officer had been accompanied by his deputy, Miss Rosa Muthoni Kimotho and his office's auditor Peter Maluki.
Mutula wants CDF
manager probed
By Anchor Writer
FAILURE by the embattled Mbooni Contituency Development Fund (CDF) Account Manager Mr.George Malinga to hand over to his successor has irked the area MP.
Mutula Kilonzo,who is also the Justice and Constitutional Affairs minister has writen to the National CDF Secretariat Chief Executive Officer Mrs.Agnes Odhiambo expressing his outrage over the delayed process.
He asked the CEO to investigate the conduct of the out going manager in addition to prevailing on him to hand over to the new Account manager.
™I would like to be obliged if you could investigate the conduct of Malinga and prevail on him to hand over to the new manager. Malinga will not be accepted in Mbooni now or ever again∫,read the letter dated December 16.
Efforts to reach Mrs.Odhiambo for her comment were fruitless as she was said to be in Mombasa on official duty.
CDF funded projects have stalled following the stand off between the manager and the CDC comittee.
Things were thrown into disarray when the outgoing Account Manager boycotted a planned handing over ceremony for the second time.
Constituency Development Committe (CDC) members led by the chairman councillor Nzeki Mutulili and the new Accounts Manager Mr.Japheth Musee turned up for the ceremony at Tawa but Malinga failed to show up.
The outraged CDC officials accused Malinga of sabotage and urged the National CDF secretariat to intervene and facilitate the handing over.
™CDF activities have ground to halt because the outgoing Account Manager has deliberately refused to hand over∫,said Nzeki.
When contacted Malinga said he had not been informed of the planned hand over ceremony.
Residents of Machakos town took to the streets to protest the posting of Mr.Malinga as the new CDF Account Manager for Machakos Town.
The twig waving protestors matched from the CDF offices at Kinyali House to the District Commissioner's office where they sought audience with the DC Benard Kinyua over the issue.
This was after they denied the Accounts Manager Mr.Malinga entry into the office when he reported to take over.
Yet in an intriguing development, The Anchor has received a letter written by the Mr Nzeki, glorifying Mr Malinga and recommending him as a highly efficient person. It remains unknown where the letter was going to and for what purposes.
Ngilu revisits
2007 elections
Water minister Charity Kaluki Ngilu has reignited the controversial 2007 presidential elections debacle, charging for the umpteenth time that Raila Odinga had actually won the poll.
Speaking during the launch of a water project in Salama, the minister said the fact that ODM has a majority 105 MPs in Parliament against PNU's 73 was evidence of the alleged victory.
The minister said it was unfair that the Vice President Kalonzo Musyoka, whose ODM Kenya party has only 16 MPs should serve at the second highest office in the land.
™Raila's ODM party has a majority MPs in Parliament. Were they voted for by ghosts?∫, she posed.
She said bad government and mismanagement of Kenya's resource was to blame for resistant famine and water crisis that has afflicted this country.
This, she said has derailed Kenya 's development prospects, encouraged graft and impunity.
At the same time, the minister said that it was unfair for the country to continue begging for food for its citizens when the government has the capacity to produce enough food for its citizens.
™Why should we beg for food from Eqypt, yet the water they use for irrigation is sourced from Kenya ?™, the minister posed.
Kenya, Ngilu said was bestowed with some of the best climate in the world that allows more than 60 per cent of the country to have two harvests in a year.
™Unless we fix this malaise, future generations of this country will never forgive us∫, the usually combative Ngilu said.
The minister decried the culture and sycophancy, self aggrandisement and political conmanship which she blamed for current political impasse facing the country.
Other than provide leadership, some leaders had become petty in a bid to remain politically relevant in a fast changing political landscape.
She said she was talking to like minded politicians with a view to liberating Kenyans from political tyranny once and for all.
Ngilu said that days when Parliament was used to rubber stamp decisions made in restaurants were long gone and said the National Assembly will continue to exercise its mandate without fear or favour.
But she assured the public that the new found independence will not be used to witch hunt anybody.
™Mps are responsible and honourable people. We will exercise our mandate to the best interest of the electorate∫, Ngilu said.
She directed that Kilome Constituency residents be connected with water from the Kilimanjaro Water pipeline that traverses the constituency to Athi River.
Lately, Ngilu has been embroiled with political turf wars with Kalonzo over his call for a 3K alliance between the Kamba, Kikuyu and the Kalenjin.
The move has drawn a lot of political heat in the country, with Ngilu dismissing the suggestion as cheap and not befitting the holder of the Vice Presidential slot.
Shock at Machakos Hospital
By Jonathan Mutiso
in Machakos
POOR conditions at the Machakos General Hospital were in parade as Permanent Secretary for Medical Services came calling.
The pathetic condition at the hospital could not be cushioned as the PS, Prof James Kiyiapi came face to face with congested children's ward and facilities that had been stretched to the limit, coupled with poor management of the facility.
The PS witnessed serious congestion at the hospital's pediatric ward where a 30 capacity room is holding close to 200 children, bearing the hall marks of a death trap.
™We must invest in our children otherwise what other investment could we boast of?∫,he observed, adding the ministry will give the hospital funds for the construction of a proper children's ward in the next fiscal year.
At the end of the tour, it emerged that problems facing the hospital, including lack of doctors was also afflicting other public hospitals in the country.
Even as officials complained of lack of facilities, the shame of inefficiency at the hospital popped time and again- especially over the threat to lose Sh 200m worth of equipment donated from Europe. The hospital may lose the equipment over failure to erect a building to accommodate the equipment at the hospital.
He announced that the hospital will soon receive kshs.121m worth of modern equipments to help enhance service delivery and efficiency.
The PS who spoke to journalists after a tour of Machakos General hospital said the government must improve the terms and condition of service for medical personnel with a view to retain and attract them in its service.
™We cannot afford to loose doctors at this rate and cheat ourselves that we are offering Kenyans quality health care∫, said the PS. Prof.Kiyiapi said Clinical Officers and 15 nurses will be posted to the facility to ease the serious staff shortage it is currently experiencing.
He pledged an urgent Sh.10m for the rehabilitation of the institutions electricity wiring system before the equipment are brought to avert destruction.
The PS also admitted there is a serious shortage of pharmaceuticals in government institutions which he attributed to strained budgetary allocations but assured Kenyans the matter is being addressed.
™Many of our hospitals were build many years back and are in pathetic conditions. We have been unable to put systems to the required level due to constraint budget∫, admitted Prof.Kiyiapi.
The PS called for improved management of the Facility Improvement Fund to check corruption and direct part of the funds in purchasing medicines.
™We are looking forward to a vibrant management to ensure we brought our heath institutions to the level they out to be for Kenyans to enjoy quality health care services, said Kiyiapi.
Fresh theft in Malili
as leaders go silent
By Martin Masai
EVEN AS the High Court entered the Malili Infamy with an order stalling transactions that may lead to the construction of Malili Technopolis, it is emerging that local political leadership has left citizens alone to be robbed.
Save for Kitui Central MP Charity Kaluki Ngilu who has been supporting the payment of Sh 1.4m for every 5,000 acres to Malili peasants, all other leaders-notably Vice President Kalonzo Musyoka, Kilome MP John Harun Mwau, Kaiti MP Gideon Ndambuki and Kangundo MP Johnson Muthama, had remained studiously mum.
This silence emerged as The Anchor obtained documents that show that some new players, hitherto unknown to the deal, have joined in and have most likely been paid over Sh. 100m, apparently for onward transmission to MPs or other players as a Silencer Fee.
It is alleged that the money has been spread to the ODM-K MPs and top Civil Servants, some coming from Ukambani in what is clearly a brutal theft from the poor.
A law firm- Kamotho Maiyo and Mbatia, located on the same Building with Eric Mutua and Company Advocates- the lawyers for Malili Ranch Limited have apparently been looped in.
Mr Kamotho Waiganjo, in a document seen by The Anchor has been instructed to move a Total of Sh 210m belonging to Malili Ranch, which seem to have been in his custody to four other firms.
The November 4 document was allegedly drafted from the offices of an ODM-K MP and instructed to be put on Malili Letterhead and be signed by new Malili leaders to effect the payout.
The documents bear instructions that Gateway Logistics be paid another Sh 60m, on top of the Sh 40m already paid to them by the former Malili Chairman Mr Josiah Munuka, now deceased. Malili Directors, in another document acknowledge that they sanctioned the payment of the Sh 40m to Gateway, representing a four percent commission as allowed by law for unspecified services to Malili.
Erict Mutua would also be paid another Sh 40m, the fact that he had been paid some Sh. 28m as legal fees notwithstanding. Interestingly, Malili Directors say this payment is as a result f the fact that Mutua ™negotiated with the Government on behalf of the company(Malili) (and) had to undertake amalgamation/collection of the individual plots and allotment/share Certificates to make a total of 5,000 acres.∫.
This information is obtained from a document that we have published elsewhere in this paper. However two directors of Malili- Mr Peter Kanyi and Mr Julius Kilonzo have distanced themselves from the contents o the documents which alleges they were present during the meeting held on December 14,2009 at Malili Ranch Boardroom.
The Anchor went a step further to find out if indeed such a meeting took place. Our findings are that the meeting took place but the conditions surrounding Mr Kanyi an Mr Kilonzo at the time could not justiy anyone to say that they were active participants at the meeting.
This is because they had been subjected to intimidation by the police and some politicians who demanded threatened them with tax payment demands unless they quit their positions as Chairman and Secretary of Malili.The said meeting took place the day Kanyi and Kilonzo gave up their positions.
It was held at the offices of Mr Mutua and not Malili since Malili Ranch Ltd has no boardroom unless it exists only in the minds of those who drafted the minute.The most curious instruction to Mr Kamotho Waiganjo is that he pays a whopping Sh 107m to a construction firm called CCH Master Builders Africa Limited. This payment was to be wired through its EcoBank Kenya Limited Account Number 0410200024, Plaza 2000 Branch, P.0.Box 27607-00506, Nairobi .
Our investigations reveal that CCH Master Builders are new entrants to the Malili Fiasco and may have entered after a disagreement arose between its owners and Gateway Logistics over the demand for commissions. Indeed, CCH is the beginning and end of the Malili riddle. So who is CCH Master Builders Africa Ltd? This is a matter of another day. But preliminary investigations are pointing at a wealthy politician and ODM-K King-pin whom we will not name until he responds comprehensively over what is going on at Malili.
The resolution to pay Sh 1.1m for the 7 acres means that each acre would go for Sh 157,000 and not Sh 200,000 that the government was paying for the land. So why would the directors of Malili want to pay Sh 300 less that the agreed price to poor farmers?An explanation that the reduced amount was being paid due to alleged theft of millions of cash by Malili Directors is the lie that the thieves have advanced.
The fact of the matter is that the thieves have decided to pay farmers less cash so that they can steal the rest of the money.Indeed the other explanation that part of the money was to meet costs of the survey and compensation of those who had erected structures on the land is hogwash- since those costs were supposedly defrayed with Sh 97m raised from the decimal 8 of an acre from each of the 609 parcels that make the 5,000 acre land that the sate is buying
Our investigations show that by the time Kanyi and Kilonzo exited as top officials, they had paid a total of Sh 157m to 112 members. If the decision to pay Sh 1.1 is upheld, it means that the thieves will save some Sh.149m to share among themselves after paying the remaining 497 members.Now we ask: Why does it take Mrs Ngilu- who is not a member of Malili to fight along the peasant farmers and not the MPs whose voters are being robbed in broad day-light?Why is Kaiti MP Gideon Ndambuki and Mr Mwau silent over Malili thefts? We have however established that Mr Ndambuki, himself a member of Malili was paid a total of Sh 2.8m for his two plots within the area. It means that he accepted Sh 1.4 per piece. So why would he remain silent after it became public that his poor constituents would be paid Sh 1.1m?
Questions are being asked why he failed to team up with his constituents the first time they convened at Malili and were scattered by the police as they queried why the transactions were being carried out in secret. Again when Mrs Ngilu joined in a protest meeting at Malili, Mr Ndambuki and Mr Mwau stayed away and only issued a statement saying he would not allow anyone to pay less money to the peasants.
Again, the peasants met alone at Malili Market and shouted themselves hoarse after the officials started paying Sh 1.1. Mr Ndambuki and Mr Mwau remain silent.
It was after the residents discovered that their leaders would not speak out that they raised funds and went to court to seek help. Sources indicate that Mrs Ngilu has offered to help the peasants fight for their rights
At the High Court, the government was stopped from buying the disputed Malili Ranch.The temporary order is effective for 14 days. Justice Roseline Nambuye made the order after she was told by a group of the shareholders that the sale is illegal.
The judge restrained the Permanent Secretary in the Ministry of Information and Communication Mr Bitange Ndemo, the Attorney General Mr Amos Wako and Malili Ranch Limited. They were restrained from selling, transferring or interfering with Malili Ranch for 14 days, allowing the first time that the mater will be discussed face to face, and not the boardroom sessions where vested interests have informed past transactions.
The Stete had paid an initial Sh 400m and has been holding a balance of Sh 600m. The Judge restrained the government from paying the balance of the purchase price of the land. The documents indicate that the government bought the land for Sh1 billion and has already paid Sh400 million. The Shareholders who went to court are Messers Timothy Mbuti, Joshua Kilonzi, Benjamin Muthoka, Rajabu Mohammed, Simon Muindi, Mutwiwa Mutetei and Kikuna Mutungi.
They are arguing that their land was sold without their consent or consultation. They told the judge that they have started to develop their portions and it is wrong for the ranch to sell the land without their knowledge and compensation.
They want the court to stop any transaction until they are consulted and fully compensated. The shareholders said despite the notice of intention to sue, the ranch and the government have refused to consult them.Knowing that the forces seeking the Malili Millions are strong, it remains to be seen how effective the court intervention will help. We were informed the forces seeking the millions would be storming the courts to reverse the stoppage order.
Besides, The Anchor has been informed that even as the haggling went on, the government was in the process of transferring the land to itself. If this happens, it means that the state will have made it easy for the thieves to even slash the funds further and set the stage for endless litigation, a development that will confirm that deep rooted corruption in Kenya is often fueled by the government itself
Efforts by The Anchor to talk to Mr Mwau failed as his aids said he was out of office. Mr Ndambuki staggered appointments for an interview with The Anchor Editor and we will bring his comments as soon as he responds, alon with Mr Muthama.
KCPE: Machakos at
historic rock bottom
By Nguma Kitone
AS Predicted by The Anchor, Machakos District is sliding towards oblivion in the performance of National Examinations.
With the outcome of KCPE , it is being confirmed that times when Machakos District was a household name in K.C.P.E performance is long gone and only memories of its past record linger.
Current statistics are so worrying and pathetic that they spell doom to the future of KCPE.
It is emerging that majority of the candidates presented to the examiner last year could not score half the marks.
The District managed a mean score of 235.18 and was ranked 114 nationally, clearly making it a pale shadow of what it was some 10 years ago when Machakos topped the entire republic.
Even then, Machakos District Education Officer Mr Abdulkadir Ali called The Anchor to share some `good news' that the greater Machakos District had emerged as the best improved district at a rate of 6.7 percent. ™The Provincial Director of Education has just rang to congratulate me upon this improvement∫, Mr Kadir told The Anchor Editor Mr Martin Masai.(We are awaiting a letter of congratulations from the PDE to Mr Kadir, which we will run verbatim).
It however looks curious that an assessment on improvement could have been done on the basis of a district that was split up to over a year ago. Indeed the new districts of Kathiani, Mwala, Athi-River, Kangundo and Matungulu have their distinct education administration, let alone other government structures and it is mind boggling why anyone, let alone the PDE would want to assess Machakos with districts that became independent quite a while ago and are well set for competition.
Nevertheless, observers must ask: What could have happened to Machakos, given that the newly created Districts like Mwala and Yatta are doing much better and are ranked 46 and 67 respectively.
At a glance, 40 percent of all the candidates presented in Machakos will not meet the set cut off marks to join secondary school and will most likely join the ever growing army of school drop-outs.
This scenario condemns these children to a life of hopelessness. The under-performance puts parents in a quagmire not sure of what to do next.
In the whole of Machakos, less than 20 pupils scored 400 and above marks.
This unacceptable and unbelievable show means that only 20 Machakos students will go to national schools.
Makueni still keeps the fire burning and was ranked 18th overall. The big question should be: what is the root cause of the poor performance in Machakos District? Put another way; is the management of education in Machakos in the right hands? Are all the players- the District Education Board, District Education Office, the Branch leadership of the KNUT, parents, teachers and other stakeholders reading from the same script? That answer can not be in the affirmative. Reports dotting out pages in the last year or so show that all forces in education are pulling in different directions.
The Anchor carried out an investigation aimed at finding out what could be causing the below per performance and here is our findings.
Teachers and parents interviewed said that they were not surprised by the poor results and all admitted that come next year the story shall be the same or worse unless drastic changes are taken.
First, teachers moral in Machakos is at the lowest ebb due to skewed promotions on the part of school managers. Time is long gone when teachers were promoted according to their class performance and managerial skills. Today, promotions to headship in Machakos are pegged on how loaded your pocket is and whether you are ''obedient''∫ and ''supportive'' to the ''system'' in place∫.
Its seems that the Knut Branch leadership is in charge of promotions at the DEO's office since only supporters of the current leadership of Albanus Mutisya gets promoted to headship.
A clique of 2 Education Officers from the DEO's office liaise with KNUT office to find out those teachers who can fit in the system.
Few teachers can be appointed to any post without the approval of the KNUT boss. In a case in point, one of his key men at the Masaku Teachers Sacco, who had hardly served as Deputy head teacher for two years has now been promoted while some other teachers have been serving as deputies for over 10 years.
Presently, Mr. J Muthonga's posting to perennial poorly performing Kusyomuomo Primary as the Head teacher has raised eyebrows and those who know how promotions are conducted in Machakos were not surprised.
™His elevation will not encourage anyone It kills our motivation and spirit to perform∫ said a Deputy who has worked as a Deputy for 13 years. ™Who can express our plight since KNUT is at the centre of everything and we can all not fit in the system∫ ?, asked the deputy head teacher.
Besides, staffing levels leave a lot to be desired in Machakos Primary Schools. Generally the government is to blame over the teacher shortage in schools. Since the inception of FPT, there has been an increase in school enrolment without a corresponding increase in the teacher pupil ratio. The result is such that teachers avoid giving any homework or excercises to pupils as they can not possibly mark over 80 books from each of their classes.
Worse still the available teaching staff in the District is not well distributed and the D.E.O should explain why teachers overcrowded in some schools while other schools face severe teacher shortages.
Many schools are understaffed and one wonders how teaching is conducted where 8 classes are manned by 5 teachers.
Some schools with 24 classes have over 40 teachers? This explains why some schools can never perform. All schools are equal and equality should be the norm when it comes to posting and staffing of teachers.
Another factor undermining education is insufficient materials. Despite the governments efforts to supply schools with funds to buy teaching aids and textbooks, the efforts have been hampered by corruption through book sellers and the school managers. School procurement procedures have been punctured, leading to loopholes that allow embezzlement of funds set to buy books, furniture and other materials
Katoloni primary school presents the best example in this case. The school is yet to enjoy money given to buy 40 desks after a teacher embezzled the cash, yet the D.E.O is aware and no steps have been taken to ensure that the money is refunded to the school and that the desks are bought.
When learners are over crowded learning cannot take place smoothly and learners have difficulties in undertaking assignments.
Another factor is the caliber of officers who supervise the education process. The Anchor discovered that most of them are gone beyond their sale-by date.
Machakos District has two Divisions Kalama and Central which are further divided into three zones. The two A.E.O's have worked in the District in the same capacity for over 25 and do not have new ideas to cope with dynamic times presented by the challenges of Free Primary Education. years.
Worse still, it remains debatable if the AEOs are the best placed persons to ensure that education is improved in Machakos, given the fact that one of the is immersed in questionable actions and politics of Knut, factors that undermine integrity as education officers.
Top KCPE boys
cast a wide view
THE top Machakos Primary kKCPE candidate and number five in Eastern Province master Muli Nguli wants to become a Surgeon. His classmate Allan Kyalo 13,says he wants to become an architect.
Muli who scored 429 marks has his eyes on the prestigious Mang'u High school while Kyalo who got 418 marks wants to join Alliance Boys.
Muli said he wanted to become a medic so that he could be saving lives of the sick, especially accident victims.
The first born in a family of six said he was happy with the results saying he would now fulfil his dream of studying at Mang'u school.
Young Muli attributed his sucess to God, hard work and the maximum support he enjoyed from his parents and teachers.
''I have always looked forward to join Mang'u for my secondary education.it,is a dream come true'',he said.
We found the family having breakfast and Muli's mother Mrs.Emma Muli,who is a lecturer at the University of Nairobi could not hide her joy.
™He has done us proud and we thank God for him∫, said the mother adding the family screamed the whole night with excitement.
She added that Muli is a very organised,focused and a time concious boy who spend his time doing worthwhile work. The father,a seasoned journalist Mr.Muli wa Kyendo said their son is disciplined, obedient and hard working.
Many a time I found him googling to find answers to Mathematics and other subjects∫,said Mr Kyendo.
He added that the internet is very useful in getting students understand if they use it in a sensible manner.
Allan 13 attributed his performance to prayers, hard work and supportive parents and teachers who spared their time to guide him.
His mother who is the Principal of AIC Mbooni girls high school thanked Machakos primary school teachers for guiding her son to success.
Opinion
Kadhi Courts debate exposes
naivety of Christian crusaders
By FR JOACHIM OMOLO OUKO,
I laughed when I heard that Evangelical churches have threatened to rally Kenyans to reject the new constitution if Kadhi's courts are included in the draft. Under whose power or authority do they threaten to rally Kenyans? And who are they by the way?
First of all Federation of Evangelical and Indigenous Christian Churches of Kenya are very ignorant. Kadhi's courts are not religious courts as they put it. Kadhi's courts have been in the Constitution since independence and their jurisdiction covers only Muslims on issues of personal law and not religion.
Also ignorant are the representatives of the mainstream churches. Like Evangelical they have threatened to rally their followers to reject the draft constitution if Kadhi's courts are not left out.
In their recent meeting - Dr Gideon Githiga of the Anglican Church of Kenya, Bishop David Kamau of the Nairobi Catholic Archdiocese, Presbyterian Church of East Africa moderator David Gathanju and John Mugecha of the African Independent Pentecostal Church of Kenya, they resolved that Kadhi's courts should be included in the current Constitution.
I like the diplomacy of the National Canon lawyer of the Catholic Bishops in Kenya, Fr Dominic Kimengich in saying that the stand of the Church could only be communicated by the chairman of the Kenya Episcopal Conference, Cardinal Njue, who was at the time of clerics meeting was in Rome. In other words Bishop Kamau would have not spoken on behalf of the Kenya Catholic bishops.
Fr Kimengich is indeed very smart. He even said the cardinal can only make the decision after meeting the other Catholic bishops. The fact that he is the Kenya Episcopal Conference does not give him the power to speak on behalf of the bishops.
Fr Kimengich was so diplomatic when he said that an individual bishop may attend any meeting discussing such a matter. In other words bishop Kamau was right like any individual Kenyan to attend the meeting.
The church leaders' statement which came a day after Chief Justice Evan Gicheru said Kadhi courts established under British colonial rule should not be abolished was a reaction to CJ's remarks he made in Mombasa.
The church leaders are even bitter with the Committee of Experts, which is writing a new constitution. They have said that kadhi's courts are not a contentious issue and therefore should not be rejected.
These so-called religious leaders are very naïve indeed. They think very narrowly. For them they understand that the Constitution was being changed to improve the lives of Kenyans. They only look at it in terms of Kadhi's courts, abortion and same sex marriage. They do not know that with or without constitution abortion and same sex marriage will always be there whether they like it or not.
The fact that Kadhi's courts have always existed in the current constitution, it would be too naïve to say that it should not be in the new one. Why religious leaders did not reject it for years that it has been in the current constitution. Or may be they were not even aware that it existed. God forgive them for their ignorance.
Religious leaders are not even aware that the Kadhi's courts came into being with the independence Constitution in 1963 but had been in operation even before. They are anchored in the Constitution under Article 66 (8) which states: ™There shall be a Chief Kadhi, and such number, not less than three of other Kadhis as may be prescribed under an Act of Parliament.∫
Article 66 (12) says ™the jurisdiction of a Kadhi's court shall extend to the determination of questions of Muslim law relating to personal status, marriage, divorce or inheritance in proceedings in which all the parties profess the Muslim religion.∫
Religious leaders' sentiments have even influenced Tanzanian Catholic Bishops. They have challenged the idea of having the Kadhi's Courts, arguing that if legislators debate it, as it is likely to be the case, then the state authority would no longer be neutral in religious affairs. This, they say, is at best to contravene the Constitution, for a secular state authority cannot lean towards a certain religious persuasion without seriously risking its national unity.
Even though Article 19 (2) of the United Republic of Tanzania's Constitution (1977) states that worship and propagation of a religion is an individual's private affair and therefore the state authority shall not involve itself in the affairs and management of religious bodies, this does not mean that the Kadhi Courts should not be introduced.
Kadhi, an Arabic term that refers to a judge, specifically meaning a Muslim magistrate who has the power of adjudicating on matters according to Islamic law otherwise referred to as Sharia law have been in operation ever since before Kenya's independence.
The religious leaders in Kenya are not even aware that there are about 17 Kadhis nationwide serving in different parts of the country. These courts are located in various parts of the country including- Kwale,Kilifi, Mombasa and Lamu districts; Nyanza and Western provinces; several districts in Rift Valley province; Wajir and Mandera districts; Nairobi, Central and Eastern Provinces; Garissa and Tana River districts; Marsabit and Isiolo districts.
The Kadhis' Court in Nairobi is located in Upper hill. Inquiries by prospective applicants may be made at the Registry or a court clerk who may offer assistance as to the proper documentation and payments necessary to be made before an application is made.
Without prejudice to section 65 (1), of current constitution there shall be such subordinate courts held by Kadhis as Parliament may establish and each Kadhi's court shall, subject to this Constitution, have such jurisdiction and powers as may be conferred on it by any law.
The Chief Kadhi and the other Kadhis, or the Chief Kadhi and such of the other Kadhis(not being less than three in number) as may be prescribed by or under an Act of Parliament, shall each be empowered to hold a Kadhi's court having jurisdiction within the former Protectorate or within such part of the former Protectorate as may be so prescribed: Provided that no part of the former Protectorate shall be outside the jurisdiction of some Kadhi's court.
The jurisdiction of a Kadhi's court shall extend to the determination of questions of Muslim law relating to personal status, marriage, divorce or inheritance in proceedings in which all the parties profess the Muslim religion.
The Muslims want it be included in the proposed constitution given that in the current constitution Kadhi's courts have neither been satisfactorily integrated into the national legal system nor given their own proper structure and hierarchy, and no distinction made between the judicial role of the Chief Kadhi and his role as a spiritual leader.
In the proposed constitution the hierarchy of Kadhi's courts will be as follows: Kadhi Court of Appeal presided over by the Chief Kadhi and two Kadhis -since many Districts with predominantly Muslim populations are far removed from Nairobi, where the Kadhi Court of Appeal would normally sit, the rules should provide that the Court should sit in these Districts on a regular basis.
The Supreme Court on appeal from the Kadhi Court of Appeal only on a constitutional matter, the Kadhi courts shall have jurisdiction to deal with civil and commercial law where all the parties profess the Muslim faith, in the manner of small claims courts (which are expected to be established shortly), without affecting the rights of parties to go to other courts or tribunals with jurisdiction over the matter.
The Chief Kadhi shall have the same status, privileges and immunities as a High Court judge, the Senior Kadhi as a Chief Magistrate and the Kadhi as a Resident Magistrate. The Chief Kadhi and other Kadhis shall be appointed in the same way as other judges.
Apart from the Chief Kadhi, who shall be a member of the Judicial Service Commission, a Muslim woman is nominated by the national Muslim organisation.
The qualification forappointment as Kadhis include having a degree in Islamic law from a recognised university and being an advocate of the High Court with, in the case of the Chief Kadhi, at least 10 years experience, and for other Kadhis, at least five years' experience as an advocate of the High Court. Kadhis shall be full time judicial officers and shall not have responsibilities of a spiritual nature.
Quick action restores order
at stinking Mwingi mortuary
By John Musembi
MWINGI District Hospital now has new mortuary equipment. This means that those whose bodies are stored there will be preserved well before burial.
When our reporter visited the mortuary, ministry of health engineers doing final touches on the repair work which the medical administrator Mr. Ngugi Mbugua said had cost an upward of Sh.700,000.
™The repair works on the coolers in the morgue is almost complete now, it will be operational anytime. We will start receiving bodies anytime as the engineers are just monitoring the fitted mortar to ensure they are functioning properly,∫ said Mr. Mbugua.
He said that as the morgue was being repaired all bodies were being referred to another morgue in the neighboring Mwingi West district which was reportedly overwhelmed by the bodies being taken there.
Mr. Mbugua said that as the cold rooms were being rehabilitated the nine bodies that were still lying there had been embalmed and preserved in a store awaiting collection by relatives.
He however disclosed that the morgue could only accommodate 14 bodies adding that there were plans to build a bigger mortuary at the cost of Sh. 20 million in future.
The repairs come about three weeks after Vice President Kalonzo Musyoka visited the Mwingi district hospital morgue to find it in awful state with decomposing bodies sending out a pungent smell, the facility has been repaired.
The mortuary coolers broke down in 2006 leaving bodies preserved therein to rot and it was not until last December 18 that Mr. Musyoka visited the facility in a bid to salvage the situation.
Days before the VP who is the Mp for Mwingi North visited the morgue, his Mwingi South counterpart David Musila had also visited the place. Both leaders castigated the Mwingi district heath team for taking too long to rectify the situation.
During his visit to the morgue Mr. Musyoka endured the pungent smell of decomposing human bodies to venture right into the innards of the mortuary to see first hand the deplorable state of the facility.
Besides fighting the stench from rotting bodies that was powerfully assaulting his nostrils, the VP came face to face with rotting bodies heaped upon each other outside the collapsed cold rooms.
So shocked was the VP after touring the facility that he curtly told the Assistant Director for Medical Services Dr. Simon Mueke who conducted within the morgue; ™Dr. Mueke, you have a job to do here.∫
The Mwingi medical officer Dr. Daisy Ruto told the VP that the assaulting stench emanated from the 13 decomposing unclaimed bodies placed outside the morgue chambers that had not been embalmed and were awaiting court orders for them to be disposed off.
Key events, players and
evolution of the Malili Fiasco
How did the Malili Ranch issue become a fiasco?
By Martin Masai
The Government entered an agreement with Malili Ranch to buy 5,000 acres of land for build what will be known as Milili Technolpolis. The land comprised of 609 parcels of land measuring 7.8 acres.
Each acre would be bought at Sh 200,000. The State paid Sh 1.560 for each parcel. Malili Directors would pay Sh 1.4 to each farmer, leaving Sh 160,000 from each parcel (Sh97m in all) to cater for the administrative costs and compensation for developments of the land.
Leaders of the ranch- the late Mr Josiah Munuka, Mr Kanyi and Mr Kilonzo, with assistance of some Machakos lawyers begun buying plots from farmers at throw away prices- as low as Sh 400,000 per parcel and selling the same land to the government at Sh 1.4m. By November 2009, 112 parcels had been paid for. Sh 40m had been paid to Gateway Logistics as commission and another Sh28m to Eric Mutua as legal fees. Between Munuka, Kanyi and Mr Kilonzo, they had been paid nearly Sh 150m from the land transactions.
The dispute came to the fore late last year after the death of Mr Munuka when two Malili Ranch directors, Mr Peter Kanyi and Mr Julius Kilonzo, were charged with stealing Sh143 million from EK Mutua Advocates in Nairobi.
The two are out on bond and their case will be heard on January 29.
Lawyer Alponse Mutinda, for the seven shareholders, successfully urged Lady Justice Nambuye to block officials of Malili Ranch, Lawyer Mutua and government agents from releasing the money or trespassing, disposing, transferring or interfering with the disputed land, pending the determination of the case.
The judge ordered that the suit documents be served on the respondents. The shareholders fear losing out on both the money and their parcels of land. New leaders of Malili are Mr David Ndolo Ngilai(Chairman), James Munguti(Secretary) Julius Mbau Nzyuko(Vice Chairman) and Leonard Kitua( Treasurer). Kanyi and Kilonzo are now ordinary directors.
Other key players in the Malili saga are Minister for Information and Communication and ODM-K Chairman Mr Samuel Poghisio, his PS Mr Bitange Ndemo, Treasury PS Joseph Kinyua.
When the dispute first arose, Mr Kanyi and Mr Kilonzo alleged that they were taken to court after they rejected a plea by Kangundo MP Johnson Muthama that they sign an agreement for Gateway Logistics to be paid a fee for alleged commission for sale of them land. They sought refuge in the hands of Water and irrigation Minister Chrity Ngilu, who helped them meet Prime Minister Raila Odinga, saying that they would never allow gateway to rip off peasants of Malili Ranch
Mr Muthama is alleged to have reported the matter to the police, leading to the arrest of Mr Kanyi and Mr Kilonzo. He has since told The Anchor that it is true that he reported the matter to the police leading to the arrests and prosecution but he has, nevertheless denied allegations that he was fronting for the payment of the illegal commission to Gateway.
™ My motive was not to push for any commissions for anyone. I have no other interest in Malili other than to ensure that the right thing is done,∫ Muthama told The Anchor.
But since the two were charged and subsequently removed from the chairmanship, The Anchor has seen new signatures on an agreement backdated to February 24,2009, indicating that Gateway would be paid Sh 21,000 commission for the sale of the 5,000 acres, meaning that they would receive a total of Sh 105m from the deal, even when Gateway did nothing to enable the sale of the land to Malili.
Nevertheless, Mr Muthama has remained mum even as it emerged that Malili leaders will pay Sh 300,000 less than the agreed rate with the Government. So what has happened with his drive to have the right thing done at Malili? Why will he not report the current directors to the police now that they are paying less to farmers than what the government paid for? That is the question.
Kitui ranch stares
at bleak future
By Bon Mulu
in Kitui
THE future of the B2 Yatta Ranching Cooperative Society Limited in Kitui District existence if threatened by factors beyond its control, the society's chairman, Mr. James M.Simba,says
Simba said that the invasion of the ranch by 500 squatters has drained the society of a lot of money in court cases. He said that from 2007 to 2009, the society has spend some Sh 901,000 on court cases and other expenses.
The chairman regretted that the lack of diversification to other income generating activities has also put the core activity under a lot of pressure.
Simba was speaking at Kwa Vonza location, Yatta division during the socety's Annual General Meeting of the 30,200 acres ranch. It has a total of about 5,000 members who are from Kitui and Mwingi Districts.
Simba said that the diversification helps spread the risks of investment. He added: ™The weather conditions that prevailed the entire country for the last five years culminating with severe drought experienced in this area and elsewhere was a great challenge. Such weather conditions are bound to occur again and again due to the climatic change. The society should put mechanisms against such adverse conditions, for instance, by diversifying production into other areas.∫
The co-operator said that the society had a total of 2,322 cattle and some 224 goats in January 2009 that he said many of them had died by December 16, 2009. He disclosed that they had remained with some 477 cattle and 110 goats. ™We have a very weak stock base. We need to restock the ranch if we are to be in business. It is very difficult to obtain a loan to boost the sector and due to technicalities involved,∫ the society chairman said. ™ We have to seriously think and support other income generating activities so as to spread the risks involved. The devastating drought has led to deaths of many our livestock,∫ Simba added. Simba announced that the society is also supported by the Agricultural Business Development (ABD) Programme who are willing to finance the society to meet some of its obligations.
The gathering was also addressed by the Kitui District Cooperatives Officer George Nduto and the society's general manager Stephen M.Katee among others. The society's secretary Peter M.Kimanzi and the society's treasurer Praxedes K.Ndeng'e also addressed the function. The District Cooperatives Officer had been accompanied by his deputy, Miss Rosa Muthoni Kimotho and his office's auditor Peter Maluki.
Mutula wants CDF
manager probed
By Anchor Writer
FAILURE by the embattled Mbooni Contituency Development Fund (CDF) Account Manager Mr.George Malinga to hand over to his successor has irked the area MP.
Mutula Kilonzo,who is also the Justice and Constitutional Affairs minister has writen to the National CDF Secretariat Chief Executive Officer Mrs.Agnes Odhiambo expressing his outrage over the delayed process.
He asked the CEO to investigate the conduct of the out going manager in addition to prevailing on him to hand over to the new Account manager.
™I would like to be obliged if you could investigate the conduct of Malinga and prevail on him to hand over to the new manager. Malinga will not be accepted in Mbooni now or ever again∫,read the letter dated December 16.
Efforts to reach Mrs.Odhiambo for her comment were fruitless as she was said to be in Mombasa on official duty.
CDF funded projects have stalled following the stand off between the manager and the CDC comittee.
Things were thrown into disarray when the outgoing Account Manager boycotted a planned handing over ceremony for the second time.
Constituency Development Committe (CDC) members led by the chairman councillor Nzeki Mutulili and the new Accounts Manager Mr.Japheth Musee turned up for the ceremony at Tawa but Malinga failed to show up.
The outraged CDC officials accused Malinga of sabotage and urged the National CDF secretariat to intervene and facilitate the handing over.
™CDF activities have ground to halt because the outgoing Account Manager has deliberately refused to hand over∫,said Nzeki.
When contacted Malinga said he had not been informed of the planned hand over ceremony.
Residents of Machakos town took to the streets to protest the posting of Mr.Malinga as the new CDF Account Manager for Machakos Town.
The twig waving protestors matched from the CDF offices at Kinyali House to the District Commissioner's office where they sought audience with the DC Benard Kinyua over the issue.
This was after they denied the Accounts Manager Mr.Malinga entry into the office when he reported to take over.
Yet in an intriguing development, The Anchor has received a letter written by the Mr Nzeki, glorifying Mr Malinga and recommending him as a highly efficient person. It remains unknown where the letter was going to and for what purposes.
Ngilu revisits
2007 elections
By A Special Correspondent
Water minister Charity Kaluki Ngilu has reignited the controversial 2007 presidential elections debacle, charging for the umpteenth time that Raila Odinga had actually won the poll.
Speaking during the launch of a water project in Salama, the minister said the fact that ODM has a majority 105 MPs in Parliament against PNU's 73 was evidence of the alleged victory.
The minister said it was unfair that the Vice President Kalonzo Musyoka, whose ODM Kenya party has only 16 MPs should serve at the second highest office in the land.
™Raila's ODM party has a majority MPs in Parliament. Were they voted for by ghosts?∫, she posed.
She said bad government and mismanagement of Kenya's resource was to blame for resistant famine and water crisis that has afflicted this country.
This, she said has derailed Kenya 's development prospects, encouraged graft and impunity.
At the same time, the minister said that it was unfair for the country to continue begging for food for its citizens when the government has the capacity to produce enough food for its citizens.
™Why should we beg for food from Eqypt, yet the water they use for irrigation is sourced from Kenya ?™, the minister posed.
Kenya, Ngilu said was bestowed with some of the best climate in the world that allows more than 60 per cent of the country to have two harvests in a year.
™Unless we fix this malaise, future generations of this country will never forgive us∫, the usually combative Ngilu said.
The minister decried the culture and sycophancy, self aggrandisement and political conmanship which she blamed for current political impasse facing the country.
Other than provide leadership, some leaders had become petty in a bid to remain politically relevant in a fast changing political landscape.
She said she was talking to like minded politicians with a view to liberating Kenyans from political tyranny once and for all.
Ngilu said that days when Parliament was used to rubber stamp decisions made in restaurants were long gone and said the National Assembly will continue to exercise its mandate without fear or favour.
But she assured the public that the new found independence will not be used to witch hunt anybody.
™Mps are responsible and honourable people. We will exercise our mandate to the best interest of the electorate∫, Ngilu said.
She directed that Kilome Constituency residents be connected with water from the Kilimanjaro Water pipeline that traverses the constituency to Athi River.
Lately, Ngilu has been embroiled with political turf wars with Kalonzo over his call for a 3K alliance between the Kamba, Kikuyu and the Kalenjin.
The move has drawn a lot of political heat in the country, with Ngilu dismissing the suggestion as cheap and not befitting the holder of the Vice Presidential slot.
Shock at Machakos Hospital
By Jonathan Mutiso
in Machakos
POOR conditions at the Machakos General Hospital were in parade as Permanent Secretary for Medical Services came calling.
The pathetic condition at the hospital could not be cushioned as the PS, Prof James Kiyiapi came face to face with congested children's ward and facilities that had been stretched to the limit, coupled with poor management of the facility.
The PS witnessed serious congestion at the hospital's pediatric ward where a 30 capacity room is holding close to 200 children, bearing the hall marks of a death trap.
™We must invest in our children otherwise what other investment could we boast of?∫,he observed, adding the ministry will give the hospital funds for the construction of a proper children's ward in the next fiscal year.
At the end of the tour, it emerged that problems facing the hospital, including lack of doctors was also afflicting other public hospitals in the country.
Even as officials complained of lack of facilities, the shame of inefficiency at the hospital popped time and again- especially over the threat to lose Sh 200m worth of equipment donated from Europe. The hospital may lose the equipment over failure to erect a building to accommodate the equipment at the hospital.
He announced that the hospital will soon receive kshs.121m worth of modern equipments to help enhance service delivery and efficiency.
The PS who spoke to journalists after a tour of Machakos General hospital said the government must improve the terms and condition of service for medical personnel with a view to retain and attract them in its service.
™We cannot afford to loose doctors at this rate and cheat ourselves that we are offering Kenyans quality health care∫, said the PS. Prof.Kiyiapi said Clinical Officers and 15 nurses will be posted to the facility to ease the serious staff shortage it is currently experiencing.
He pledged an urgent Sh.10m for the rehabilitation of the institutions electricity wiring system before the equipment are brought to avert destruction.
The PS also admitted there is a serious shortage of pharmaceuticals in government institutions which he attributed to strained budgetary allocations but assured Kenyans the matter is being addressed.
™Many of our hospitals were build many years back and are in pathetic conditions. We have been unable to put systems to the required level due to constraint budget∫, admitted Prof.Kiyiapi.
The PS called for improved management of the Facility Improvement Fund to check corruption and direct part of the funds in purchasing medicines.
™We are looking forward to a vibrant management to ensure we brought our heath institutions to the level they out to be for Kenyans to enjoy quality health care services, said Kiyiapi.
The Anchor, January 2010
Main Story
Fresh theft in Malili
as leaders go silent
By Martin Masai
EVEN AS the High Court entered the Malili Infamy with an order stalling transactions that may lead to the construction of Malili Technopolis, it is emerging that local political leadership has left citizens alone to be robbed.
Save for Kitui Central MP Charity Kaluki Ngilu who has been supporting the payment of Sh 1.4m for every 5,000 acres to Malili peasants, all other leaders-notably Vice President Kalonzo Musyoka, Kilome MP John Harun Mwau, Kaiti MP Gideon Ndambuki and Kangundo MP Johnson Muthama, had remained studiously mum.
This silence emerged as The Anchor obtained documents that show that some new players, hitherto unknown to the deal, have joined in and have most likely been paid over Sh. 100m, apparently for onward transmission to MPs or other players as a Silencer Fee.
It is alleged that the money has been spread to the ODM-K MPs and top Civil Servants, some coming from Ukambani in what is clearly a brutal theft from the poor.
A law firm- Kamotho Maiyo and Mbatia, located on the same Building with Eric Mutua and Company Advocates- the lawyers for Malili Ranch Limited have apparently been looped in.
Mr Kamotho Waiganjo, in a document seen by The Anchor has been instructed to move a Total of Sh 210m belonging to Malili Ranch, which seem to have been in his custody to four other firms.
The November 4 document was allegedly drafted from the offices of an ODM-K MP and instructed to be put on Malili Letterhead and be signed by new Malili leaders to effect the payout.
The documents bear instructions that Gateway Logistics be paid another Sh 60m, on top of the Sh 40m already paid to them by the former Malili Chairman Mr Josiah Munuka, now deceased. Malili Directors, in another document acknowledge that they sanctioned the payment of the Sh 40m to Gateway, representing a four percent commission as allowed by law for unspecified services to Malili.
Erict Mutua would also be paid another Sh 40m, the fact that he had been paid some Sh. 28m as legal fees notwithstanding. Interestingly, Malili Directors say this payment is as a result f the fact that Mutua ™negotiated with the Government on behalf of the company(Malili) (and) had to undertake amalgamation/collection of the individual plots and allotment/share Certificates to make a total of 5,000 acres.∫.
This information is obtained from a document that we have published elsewhere in this paper. However two directors of Malili- Mr Peter Kanyi and Mr Julius Kilonzo have distanced themselves from the contents o the documents which alleges they were present during the meeting held on December 14,2009 at Malili Ranch Boardroom.
The Anchor went a step further to find out if indeed such a meeting took place. Our findings are that the meeting took place but the conditions surrounding Mr Kanyi an Mr Kilonzo at the time could not justiy anyone to say that they were active participants at the meeting.
This is because they had been subjected to intimidation by the police and some politicians who demanded threatened them with tax payment demands unless they quit their positions as Chairman and Secretary of Malili.The said meeting took place the day Kanyi and Kilonzo gave up their positions.
It was held at the offices of Mr Mutua and not Malili since Malili Ranch Ltd has no boardroom unless it exists only in the minds of those who drafted the minute.The most curious instruction to Mr Kamotho Waiganjo is that he pays a whopping Sh 107m to a construction firm called CCH Master Builders Africa Limited. This payment was to be wired through its EcoBank Kenya Limited Account Number 0410200024, Plaza 2000 Branch, P.0.Box 27607-00506, Nairobi .
Our investigations reveal that CCH Master Builders are new entrants to the Malili Fiasco and may have entered after a disagreement arose between its owners and Gateway Logistics over the demand for commissions. Indeed, CCH is the beginning and end of the Malili riddle. So who is CCH Master Builders Africa Ltd? This is a matter of another day. But preliminary investigations are pointing at a wealthy politician and ODM-K King-pin whom we will not name until he responds comprehensively over what is going on at Malili.
The resolution to pay Sh 1.1m for the 7 acres means that each acre would go for Sh 157,000 and not Sh 200,000 that the government was paying for the land. So why would the directors of Malili want to pay Sh 300 less that the agreed price to poor farmers?An explanation that the reduced amount was being paid due to alleged theft of millions of cash by Malili Directors is the lie that the thieves have advanced.
The fact of the matter is that the thieves have decided to pay farmers less cash so that they can steal the rest of the money.Indeed the other explanation that part of the money was to meet costs of the survey and compensation of those who had erected structures on the land is hogwash- since those costs were supposedly defrayed with Sh 97m raised from the decimal 8 of an acre from each of the 609 parcels that make the 5,000 acre land that the sate is buying
Our investigations show that by the time Kanyi and Kilonzo exited as top officials, they had paid a total of Sh 157m to 112 members. If the decision to pay Sh 1.1 is upheld, it means that the thieves will save some Sh.149m to share among themselves after paying the remaining 497 members.Now we ask: Why does it take Mrs Ngilu- who is not a member of Malili to fight along the peasant farmers and not the MPs whose voters are being robbed in broad day-light?Why is Kaiti MP Gideon Ndambuki and Mr Mwau silent over Malili thefts? We have however established that Mr Ndambuki, himself a member of Malili was paid a total of Sh 2.8m for his two plots within the area. It means that he accepted Sh 1.4 per piece. So why would he remain silent after it became public that his poor constituents would be paid Sh 1.1m?
Questions are being asked why he failed to team up with his constituents the first time they convened at Malili and were scattered by the police as they queried why the transactions were being carried out in secret. Again when Mrs Ngilu joined in a protest meeting at Malili, Mr Ndambuki and Mr Mwau stayed away and only issued a statement saying he would not allow anyone to pay less money to the peasants.
Again, the peasants met alone at Malili Market and shouted themselves hoarse after the officials started paying Sh 1.1. Mr Ndambuki and Mr Mwau remain silent.
It was after the residents discovered that their leaders would not speak out that they raised funds and went to court to seek help. Sources indicate that Mrs Ngilu has offered to help the peasants fight for their rights
At the High Court, the government was stopped from buying the disputed Malili Ranch.The temporary order is effective for 14 days. Justice Roseline Nambuye made the order after she was told by a group of the shareholders that the sale is illegal.
The judge restrained the Permanent Secretary in the Ministry of Information and Communication Mr Bitange Ndemo, the Attorney General Mr Amos Wako and Malili Ranch Limited. They were restrained from selling, transferring or interfering with Malili Ranch for 14 days, allowing the first time that the mater will be discussed face to face, and not the boardroom sessions where vested interests have informed past transactions.
The Stete had paid an initial Sh 400m and has been holding a balance of Sh 600m. The Judge restrained the government from paying the balance of the purchase price of the land. The documents indicate that the government bought the land for Sh1 billion and has already paid Sh400 million. The Shareholders who went to court are Messers Timothy Mbuti, Joshua Kilonzi, Benjamin Muthoka, Rajabu Mohammed, Simon Muindi, Mutwiwa Mutetei and Kikuna Mutungi.
They are arguing that their land was sold without their consent or consultation. They told the judge that they have started to develop their portions and it is wrong for the ranch to sell the land without their knowledge and compensation.
They want the court to stop any transaction until they are consulted and fully compensated. The shareholders said despite the notice of intention to sue, the ranch and the government have refused to consult them.Knowing that the forces seeking the Malili Millions are strong, it remains to be seen how effective the court intervention will help. We were informed the forces seeking the millions would be storming the courts to reverse the stoppage order.
Besides, The Anchor has been informed that even as the haggling went on, the government was in the process of transferring the land to itself. If this happens, it means that the state will have made it easy for the thieves to even slash the funds further and set the stage for endless litigation, a development that will confirm that deep rooted corruption in Kenya is often fueled by the government itself
Efforts by The Anchor to talk to Mr Mwau failed as his aids said he was out of office. Mr Ndambuki staggered appointments for an interview with The Anchor Editor and we will bring his comments as soon as he responds, alon with Mr Muthama.
KCPE: Machakos at historic rock bottom
By Nguma Kitone
AS Predicted by The Anchor, Machakos District is sliding towards oblivion in the performance of National Examinations.
With the outcome of KCPE , it is being confirmed that times when Machakos District was a household name in K.C.P.E performance is long gone and only memories of its past record linger.
Current statistics are so worrying and pathetic that they spell doom to the future of KCPE.
It is emerging that majority of the candidates presented to the examiner last year could not score half the marks.
The District managed a mean score of 235.18 and was ranked 114 nationally, clearly making it a pale shadow of what it was some 10 years ago when Machakos topped the entire republic.
Even then, Machakos District Education Officer Mr Abdulkadir Ali called The Anchor to share some `good news' that the greater Machakos District had emerged as the best improved district at a rate of 6.7 percent. ™The Provincial Director of Education has just rang to congratulate me upon this improvement∫, Mr Kadir told The Anchor Editor Mr Martin Masai.(We are awaiting a letter of congratulations from the PDE to Mr Kadir, which we will run verbatim).
It however looks curious that an assessment on improvement could have been done on the basis of a district that was split up to over a year ago. Indeed the new districts of Kathiani, Mwala, Athi-River, Kangundo and Matungulu have their distinct education administration, let alone other government structures and it is mind boggling why anyone, let alone the PDE would want to assess Machakos with districts that became independent quite a while ago and are well set for competition.
Nevertheless, observers must ask: What could have happened to Machakos, given that the newly created Districts like Mwala and Yatta are doing much better and are ranked 46 and 67 respectively.
At a glance, 40 percent of all the candidates presented in Machakos will not meet the set cut off marks to join secondary school and will most likely join the ever growing army of school drop-outs.
This scenario condemns these children to a life of hopelessness. The under-performance puts parents in a quagmire not sure of what to do next.
In the whole of Machakos, less than 20 pupils scored 400 and above marks.
This unacceptable and unbelievable show means that only 20 Machakos students will go to national schools.
Makueni still keeps the fire burning and was ranked 18th overall. The big question should be: what is the root cause of the poor performance in Machakos District? Put another way; is the management of education in Machakos in the right hands? Are all the players- the District Education Board, District Education Office, the Branch leadership of the KNUT, parents, teachers and other stakeholders reading from the same script? That answer can not be in the affirmative. Reports dotting out pages in the last year or so show that all forces in education are pulling in different directions.
The Anchor carried out an investigation aimed at finding out what could be causing the below per performance and here is our findings.
Teachers and parents interviewed said that they were not surprised by the poor results and all admitted that come next year the story shall be the same or worse unless drastic changes are taken.
First, teachers moral in Machakos is at the lowest ebb due to skewed promotions on the part of school managers. Time is long gone when teachers were promoted according to their class performance and managerial skills. Today, promotions to headship in Machakos are pegged on how loaded your pocket is and whether you are ''obedient''∫ and ''supportive'' to the ''system'' in place∫.
Its seems that the Knut Branch leadership is in charge of promotions at the DEO's office since only supporters of the current leadership of Albanus Mutisya gets promoted to headship.
A clique of 2 Education Officers from the DEO's office liaise with KNUT office to find out those teachers who can fit in the system.
Few teachers can be appointed to any post without the approval of the KNUT boss. In a case in point, one of his key men at the Masaku Teachers Sacco, who had hardly served as Deputy head teacher for two years has now been promoted while some other teachers have been serving as deputies for over 10 years.
Presently, Mr. J Muthonga's posting to perennial poorly performing Kusyomuomo Primary as the Head teacher has raised eyebrows and those who know how promotions are conducted in Machakos were not surprised.
™His elevation will not encourage anyone It kills our motivation and spirit to perform∫ said a Deputy who has worked as a Deputy for 13 years. ™Who can express our plight since KNUT is at the centre of everything and we can all not fit in the system∫ ?, asked the deputy head teacher.
Besides, staffing levels leave a lot to be desired in Machakos Primary Schools. Generally the government is to blame over the teacher shortage in schools. Since the inception of FPT, there has been an increase in school enrolment without a corresponding increase in the teacher pupil ratio. The result is such that teachers avoid giving any homework or excercises to pupils as they can not possibly mark over 80 books from each of their classes.
Worse still the available teaching staff in the District is not well distributed and the D.E.O should explain why teachers overcrowded in some schools while other schools face severe teacher shortages.
Many schools are understaffed and one wonders how teaching is conducted where 8 classes are manned by 5 teachers.
Some schools with 24 classes have over 40 teachers? This explains why some schools can never perform. All schools are equal and equality should be the norm when it comes to posting and staffing of teachers.
Another factor undermining education is insufficient materials. Despite the governments efforts to supply schools with funds to buy teaching aids and textbooks, the efforts have been hampered by corruption through book sellers and the school managers. School procurement procedures have been punctured, leading to loopholes that allow embezzlement of funds set to buy books, furniture and other materials
Katoloni primary school presents the best example in this case. The school is yet to enjoy money given to buy 40 desks after a teacher embezzled the cash, yet the D.E.O is aware and no steps have been taken to ensure that the money is refunded to the school and that the desks are bought.
When learners are over crowded learning cannot take place smoothly and learners have difficulties in undertaking assignments.
Another factor is the caliber of officers who supervise the education process. The Anchor discovered that most of them are gone beyond their sale-by date.
Machakos District has two Divisions Kalama and Central which are further divided into three zones. The two A.E.O's have worked in the District in the same capacity for over 25 and do not have new ideas to cope with dynamic times presented by the challenges of Free Primary Education. years.
Worse still, it remains debatable if the AEOs are the best placed persons to ensure that education is improved in Machakos, given the fact that one of the is immersed in questionable actions and politics of Knut, factors that undermine integrity as education officers.
Top KCPE boys cast a wide view
By Nguma Kitone
THE top Machakos Primary kKCPE candidate and number five in Eastern Province master Muli Nguli wants to become a Surgeon. His classmate Allan Kyalo 13,says he wants to become an architect.
Muli who scored 429 marks has his eyes on the prestigious Mang'u High school while Kyalo who got 418 marks wants to join Alliance Boys.
Muli said he wanted to become a medic so that he could be saving lives of the sick, especially accident victims.
The first born in a family of six said he was happy with the results saying he would now fulfil his dream of studying at Mang'u school.
Young Muli attributed his sucess to God, hard work and the maximum support he enjoyed from his parents and teachers.
''I have always looked forward to join Mang'u for my secondary education.it,is a dream come true'',he said.
We found the family having breakfast and Muli's mother Mrs.Emma Muli,who is a lecturer at the University of Nairobi could not hide her joy.
™He has done us proud and we thank God for him∫, said the mother adding the family screamed the whole night with excitement.
She added that Muli is a very organised,focused and a time concious boy who spend his time doing worthwhile work. The father,a seasoned journalist Mr.Muli wa Kyendo said their son is disciplined, obedient and hard working.
™Many a time I found him googling to find answers to Mathematics and other subjects∫,said Mr Kyendo.
He added that the internet is very useful in getting students understand if they use it in a sensible manner.
Allan 13 attributed his performance to prayers, hard work and supportive parents and teachers who spared their time to guide him.
His mother who is the Principal of AIC Mbooni girls high school thanked Machakos primary school teachers for guiding her son to success.
Opinion
Kadhi Courts debate exposes
naivety of Christian crusaders
By FR JOACHIM OMOLO OUKO,
I laughed when I heard that Evangelical churches have threatened to rally Kenyans to reject the new constitution if Kadhi's courts are included in the draft. Under whose power or authority do they threaten to rally Kenyans? And who are they by the way?
First of all Federation of Evangelical and Indigenous Christian Churches of Kenya are very ignorant. Kadhi's courts are not religious courts as they put it. Kadhi's courts have been in the Constitution since independence and their jurisdiction covers only Muslims on issues of personal law and not religion.
Also ignorant are the representatives of the mainstream churches. Like Evangelical they have threatened to rally their followers to reject the draft constitution if Kadhi's courts are not left out.
In their recent meeting - Dr Gideon Githiga of the Anglican Church of Kenya, Bishop David Kamau of the Nairobi Catholic Archdiocese, Presbyterian Church of East Africa moderator David Gathanju and John Mugecha of the African Independent Pentecostal Church of Kenya, they resolved that Kadhi's courts should be included in the current Constitution.
I like the diplomacy of the National Canon lawyer of the Catholic Bishops in Kenya, Fr Dominic Kimengich in saying that the stand of the Church could only be communicated by the chairman of the Kenya Episcopal Conference, Cardinal Njue, who was at the time of clerics meeting was in Rome. In other words Bishop Kamau would have not spoken on behalf of the Kenya Catholic bishops.
Fr Kimengich is indeed very smart. He even said the cardinal can only make the decision after meeting the other Catholic bishops. The fact that he is the Kenya Episcopal Conference does not give him the power to speak on behalf of the bishops.
Fr Kimengich was so diplomatic when he said that an individual bishop may attend any meeting discussing such a matter. In other words bishop Kamau was right like any individual Kenyan to attend the meeting.
The church leaders' statement which came a day after Chief Justice Evan Gicheru said Kadhi courts established under British colonial rule should not be abolished was a reaction to CJ's remarks he made in Mombasa.
The church leaders are even bitter with the Committee of Experts, which is writing a new constitution. They have said that kadhi's courts are not a contentious issue and therefore should not be rejected.
These so-called religious leaders are very naïve indeed. They think very narrowly. For them they understand that the Constitution was being changed to improve the lives of Kenyans. They only look at it in terms of Kadhi's courts, abortion and same sex marriage. They do not know that with or without constitution abortion and same sex marriage will always be there whether they like it or not.
The fact that Kadhi's courts have always existed in the current constitution, it would be too naïve to say that it should not be in the new one. Why religious leaders did not reject it for years that it has been in the current constitution. Or may be they were not even aware that it existed. God forgive them for their ignorance.
Religious leaders are not even aware that the Kadhi's courts came into being with the independence Constitution in 1963 but had been in operation even before. They are anchored in the Constitution under Article 66 (8) which states: ™There shall be a Chief Kadhi, and such number, not less than three of other Kadhis as may be prescribed under an Act of Parliament.∫
Article 66 (12) says ™the jurisdiction of a Kadhi's court shall extend to the determination of questions of Muslim law relating to personal status, marriage, divorce or inheritance in proceedings in which all the parties profess the Muslim religion.∫
Religious leaders' sentiments have even influenced Tanzanian Catholic Bishops. They have challenged the idea of having the Kadhi's Courts, arguing that if legislators debate it, as it is likely to be the case, then the state authority would no longer be neutral in religious affairs. This, they say, is at best to contravene the Constitution, for a secular state authority cannot lean towards a certain religious persuasion without seriously risking its national unity.
Even though Article 19 (2) of the United Republic of Tanzania's Constitution (1977) states that worship and propagation of a religion is an individual's private affair and therefore the state authority shall not involve itself in the affairs and management of religious bodies, this does not mean that the Kadhi Courts should not be introduced.
Kadhi, an Arabic term that refers to a judge, specifically meaning a Muslim magistrate who has the power of adjudicating on matters according to Islamic law otherwise referred to as Sharia law have been in operation ever since before Kenya's independence.
The religious leaders in Kenya are not even aware that there are about 17 Kadhis nationwide serving in different parts of the country. These courts are located in various parts of the country including- Kwale,Kilifi, Mombasa and Lamu districts; Nyanza and Western provinces; several districts in Rift Valley province; Wajir and Mandera districts; Nairobi, Central and Eastern Provinces; Garissa and Tana River districts; Marsabit and Isiolo districts.
The Kadhis' Court in Nairobi is located in Upper hill. Inquiries by prospective applicants may be made at the Registry or a court clerk who may offer assistance as to the proper documentation and payments necessary to be made before an application is made.
Without prejudice to section 65 (1), of current constitution there shall be such subordinate courts held by Kadhis as Parliament may establish and each Kadhi's court shall, subject to this Constitution, have such jurisdiction and powers as may be conferred on it by any law.
The Chief Kadhi and the other Kadhis, or the Chief Kadhi and such of the other Kadhis(not being less than three in number) as may be prescribed by or under an Act of Parliament, shall each be empowered to hold a Kadhi's court having jurisdiction within the former Protectorate or within such part of the former Protectorate as may be so prescribed: Provided that no part of the former Protectorate shall be outside the jurisdiction of some Kadhi's court.
The jurisdiction of a Kadhi's court shall extend to the determination of questions of Muslim law relating to personal status, marriage, divorce or inheritance in proceedings in which all the parties profess the Muslim religion.
The Muslims want it be included in the proposed constitution given that in the current constitution Kadhi's courts have neither been satisfactorily integrated into the national legal system nor given their own proper structure and hierarchy, and no distinction made between the judicial role of the Chief Kadhi and his role as a spiritual leader.
In the proposed constitution the hierarchy of Kadhi's courts will be as follows: Kadhi Court of Appeal presided over by the Chief Kadhi and two Kadhis -since many Districts with predominantly Muslim populations are far removed from Nairobi, where the Kadhi Court of Appeal would normally sit, the rules should provide that the Court should sit in these Districts on a regular basis.
The Supreme Court on appeal from the Kadhi Court of Appeal only on a constitutional matter, the Kadhi courts shall have jurisdiction to deal with civil and commercial law where all the parties profess the Muslim faith, in the manner of small claims courts (which are expected to be established shortly), without affecting the rights of parties to go to other courts or tribunals with jurisdiction over the matter.
The Chief Kadhi shall have the same status, privileges and immunities as a High Court judge, the Senior Kadhi as a Chief Magistrate and the Kadhi as a Resident Magistrate. The Chief Kadhi and other Kadhis shall be appointed in the same way as other judges.
Apart from the Chief Kadhi, who shall be a member of the Judicial Service Commission, a Muslim woman is nominated by the national Muslim organisation.
The qualification forappointment as Kadhis include having a degree in Islamic law from a recognised university and being an advocate of the High Court with, in the case of the Chief Kadhi, at least 10 years experience, and for other Kadhis, at least five years' experience as an advocate of the High Court. Kadhis shall be full time judicial officers and shall not have responsibilities of a spiritual nature.
Quick action restores order
at stinking Mwingi mortuary
By John Musembi
MWINGI District Hospital now has new mortuary equipment. This means that those whose bodies are stored there will be preserved well before burial.
When our reporter visited the mortuary, ministry of health engineers doing final touches on the repair work which the medical administrator Mr. Ngugi Mbugua said had cost an upward of Sh.700,000.
™The repair works on the coolers in the morgue is almost complete now, it will be operational anytime. We will start receiving bodies anytime as the engineers are just monitoring the fitted mortar to ensure they are functioning properly,∫ said Mr. Mbugua.
He said that as the morgue was being repaired all bodies were being referred to another morgue in the neighboring Mwingi West district which was reportedly overwhelmed by the bodies being taken there.
Mr. Mbugua said that as the cold rooms were being rehabilitated the nine bodies that were still lying there had been embalmed and preserved in a store awaiting collection by relatives.
He however disclosed that the morgue could only accommodate 14 bodies adding that there were plans to build a bigger mortuary at the cost of Sh. 20 million in future.
The repairs come about three weeks after Vice President Kalonzo Musyoka visited the Mwingi district hospital morgue to find it in awful state with decomposing bodies sending out a pungent smell, the facility has been repaired.
The mortuary coolers broke down in 2006 leaving bodies preserved therein to rot and it was not until last December 18 that Mr. Musyoka visited the facility in a bid to salvage the situation.
Days before the VP who is the Mp for Mwingi North visited the morgue, his Mwingi South counterpart David Musila had also visited the place. Both leaders castigated the Mwingi district heath team for taking too long to rectify the situation.
During his visit to the morgue Mr. Musyoka endured the pungent smell of decomposing human bodies to venture right into the innards of the mortuary to see first hand the deplorable state of the facility.
Besides fighting the stench from rotting bodies that was powerfully assaulting his nostrils, the VP came face to face with rotting bodies heaped upon each other outside the collapsed cold rooms.
So shocked was the VP after touring the facility that he curtly told the Assistant Director for Medical Services Dr. Simon Mueke who conducted within the morgue; ™Dr. Mueke, you have a job to do here.∫
The Mwingi medical officer Dr. Daisy Ruto told the VP that the assaulting stench emanated from the 13 decomposing unclaimed bodies placed outside the morgue chambers that had not been embalmed and were awaiting court orders for them to be disposed off.
Key events, players and
evolution of the Malili Fiasco
How did the Malili Ranch issue become a fiasco?
By Martin Masai
The Government entered an agreement with Malili Ranch to buy 5,000 acres of land for build what will be known as Milili Technolpolis. The land comprised of 609 parcels of land measuring 7.8 acres.
Each acre would be bought at Sh 200,000. The State paid Sh 1.560 for each parcel. Malili Directors would pay Sh 1.4 to each farmer, leaving Sh 160,000 from each parcel (Sh97m in all) to cater for the administrative costs and compensation for developments of the land.
Leaders of the ranch- the late Mr Josiah Munuka, Mr Kanyi and Mr Kilonzo, with assistance of some Machakos lawyers begun buying plots from farmers at throw away prices- as low as Sh 400,000 per parcel and selling the same land to the government at Sh 1.4m. By November 2009, 112 parcels had been paid for. Sh 40m had been paid to Gateway Logistics as commission and another Sh28m to Eric Mutua as legal fees. Between Munuka, Kanyi and Mr Kilonzo, they had been paid nearly Sh 150m from the land transactions.
The dispute came to the fore late last year after the death of Mr Munuka when two Malili Ranch directors, Mr Peter Kanyi and Mr Julius Kilonzo, were charged with stealing Sh143 million from EK Mutua Advocates in Nairobi.
The two are out on bond and their case will be heard on January 29.
Lawyer Alponse Mutinda, for the seven shareholders, successfully urged Lady Justice Nambuye to block officials of Malili Ranch, Lawyer Mutua and government agents from releasing the money or trespassing, disposing, transferring or interfering with the disputed land, pending the determination of the case.
The judge ordered that the suit documents be served on the respondents. The shareholders fear losing out on both the money and their parcels of land. New leaders of Malili are Mr David Ndolo Ngilai(Chairman), James Munguti(Secretary) Julius Mbau Nzyuko(Vice Chairman) and Leonard Kitua( Treasurer). Kanyi and Kilonzo are now ordinary directors.
Other key players in the Malili saga are Minister for Information and Communication and ODM-K Chairman Mr Samuel Poghisio, his PS Mr Bitange Ndemo, Treasury PS Joseph Kinyua.
When the dispute first arose, Mr Kanyi and Mr Kilonzo alleged that they were taken to court after they rejected a plea by Kangundo MP Johnson Muthama that they sign an agreement for Gateway Logistics to be paid a fee for alleged commission for sale of them land. They sought refuge in the hands of Water and irrigation Minister Chrity Ngilu, who helped them meet Prime Minister Raila Odinga, saying that they would never allow gateway to rip off peasants of Malili Ranch
Mr Muthama is alleged to have reported the matter to the police, leading to the arrest of Mr Kanyi and Mr Kilonzo. He has since told The Anchor that it is true that he reported the matter to the police leading to the arrests and prosecution but he has, nevertheless denied allegations that he was fronting for the payment of the illegal commission to Gateway.
™ My motive was not to push for any commissions for anyone. I have no other interest in Malili other than to ensure that the right thing is done,∫ Muthama told The Anchor.
But since the two were charged and subsequently removed from the chairmanship, The Anchor has seen new signatures on an agreement backdated to February 24,2009, indicating that Gateway would be paid Sh 21,000 commission for the sale of the 5,000 acres, meaning that they would receive a total of Sh 105m from the deal, even when Gateway did nothing to enable the sale of the land to Malili.
Nevertheless, Mr Muthama has remained mum even as it emerged that Malili leaders will pay Sh 300,000 less than the agreed rate with the Government. So what has happened with his drive to have the right thing done at Malili? Why will he not report the current directors to the police now that they are paying less to farmers than what the government paid for? That is the question.
Kitui ranch stares
at bleak future
By Bonface Mulu
THE future of the B2 Yatta Ranching Cooperative Society Limited in Kitui District existence if threatened by factors beyond its control, the society's chairman, Mr. James M.Simba,says
Simba said that the invasion of the ranch by 500 squatters has drained the society of a lot of money in court cases. He said that from 2007 to 2009, the society has spend some Sh 901,000 on court cases and other expenses.
The chairman regretted that the lack of diversification to other income generating activities has also put the core activity under a lot of pressure.
Simba was speaking at Kwa Vonza location, Yatta division during the socety's Annual General Meeting of the 30,200 acres ranch. It has a total of about 5,000 members who are from Kitui and Mwingi Districts.
Simba said that the diversification helps spread the risks of investment. He added: ™The weather conditions that prevailed the entire country for the last five years culminating with severe drought experienced in this area and elsewhere was a great challenge. Such weather conditions are bound to occur again and again due to the climatic change. The society should put mechanisms against such adverse conditions, for instance, by diversifying production into other areas.∫
The co-operator said that the society had a total of 2,322 cattle and some 224 goats in January 2009 that he said many of them had died by December 16, 2009. He disclosed that they had remained with some 477 cattle and 110 goats. ™We have a very weak stock base. We need to restock the ranch if we are to be in business. It is very difficult to obtain a loan to boost the sector and due to technicalities involved,∫ the society chairman said. ™ We have to seriously think and support other income generating activities so as to spread the risks involved. The devastating drought has led to deaths of many our livestock,∫ Simba added. Simba announced that the society is also supported by the Agricultural Business Development (ABD) Programme who are willing to finance the society to meet some of its obligations.
The gathering was also addressed by the Kitui District Cooperatives Officer George Nduto and the society's general manager Stephen M.Katee among others. The society's secretary Peter M.Kimanzi and the society's treasurer Praxedes K.Ndeng'e also addressed the function. The District Cooperatives Officer had been accompanied by his deputy, Miss Rosa Muthoni Kimotho and his office's auditor Peter Maluki.
Mutula wants CDF manager probed
By Anchor Writers
Embattled Mbooni Contituency Development Fund (CDF) Account Manager Mr.George Malinga to hand over to his successor has irked the area MP.
Mutula Kilonzo,who is also the Justice and Constitutional Affairs minister has writen to the National CDF Secretariat Chief Executive Officer Mrs.Agnes Odhiambo expressing his outrage over the delayed process.
He asked the CEO to investigate the conduct of the out going manager in addition to prevailing on him to hand over to the new Account manager.
™I would like to be obliged if you could investigate the conduct of Malinga and prevail on him to hand over to the new manager. Malinga will not be accepted in Mbooni now or ever again∫,read the letter dated December 16.
Efforts to reach Mrs.Odhiambo for her comment were fruitless as she was said to be in Mombasa on official duty.
CDF funded projects have stalled following the stand off between the manager and the CDC comittee.
Things were thrown into disarray when the outgoing Account Manager boycotted a planned handing over ceremony for the second time.
Constituency Development Committe (CDC) members led by the chairman councillor Nzeki Mutulili and the new Accounts Manager Mr.Japheth Musee turned up for the ceremony at Tawa but Malinga failed to show up.
The outraged CDC officials accused Malinga of sabotage and urged the National CDF secretariat to intervene and facilitate the handing over.
™CDF activities have ground to halt because the outgoing Account Manager has deliberately refused to hand over∫,said Nzeki.
When contacted Malinga said he had not been informed of the planned hand over ceremony.
Residents of Machakos town took to the streets to protest the posting of Mr.Malinga as the new CDF Account Manager for Machakos Town.
The twig waving protestors matched from the CDF offices at Kinyali House to the District Commissioner's office where they sought audience with the DC Benard Kinyua over the issue.
This was after they denied the Accounts Manager Mr.Malinga entry into the office when he reported to take over.
Yet in an intriguing development, The Anchor has received a letter written by the Mr Nzeki, glorifying Mr Malinga and recommending him as a highly efficient person. It remains unknown where the letter was going to and for what purposes.
By A Special Correspondent
Water minister Charity Kaluki Ngilu has reignited the controversial 2007 presidential elections debacle, charging for the umpteenth time that Raila Odinga had actually won the poll.
Speaking during the launch of a water project in Salama, the minister said the fact that ODM has a majority 105 MPs in Parliament against PNU's 73 was evidence of the alleged victory.
The minister said it was unfair that the Vice President Kalonzo Musyoka, whose ODM Kenya party has only 16 MPs should serve at the second highest office in the land.
™Raila's ODM party has a majority MPs in Parliament. Were they voted for by ghosts?∫, she posed.
She said bad government and mismanagement of Kenya's resource was to blame for resistant famine and water crisis that has afflicted this country.
This, she said has derailed Kenya 's development prospects, encouraged graft and impunity.
At the same time, the minister said that it was unfair for the country to continue begging for food for its citizens when the government has the capacity to produce enough food for its citizens.
™Why should we beg for food from Eqypt, yet the water they use for irrigation is sourced from Kenya ?™, the minister posed.
Kenya, Ngilu said was bestowed with some of the best climate in the world that allows more than 60 per cent of the country to have two harvests in a year.
™Unless we fix this malaise, future generations of this country will never forgive us∫, the usually combative Ngilu said.
The minister decried the culture and sycophancy, self aggrandisement and political conmanship which she blamed for current political impasse facing the country.
Other than provide leadership, some leaders had become petty in a bid to remain politically relevant in a fast changing political landscape.
She said she was talking to like minded politicians with a view to liberating Kenyans from political tyranny once and for all.
Ngilu said that days when Parliament was used to rubber stamp decisions made in restaurants were long gone and said the National Assembly will continue to exercise its mandate without fear or favour.
But she assured the public that the new found independence will not be used to witch hunt anybody.
™Mps are responsible and honourable people. We will exercise our mandate to the best interest of the electorate∫, Ngilu said.
She directed that Kilome Constituency residents be connected with water from the Kilimanjaro Water pipeline that traverses the constituency to Athi River.
Lately, Ngilu has been embroiled with political turf wars with Kalonzo over his call for a 3K alliance between the Kamba, Kikuyu and the Kalenjin.
The move has drawn a lot of political heat in the country, with Ngilu dismissing the suggestion as cheap and not befitting the holder of the Vice Presidential slot.
Shock at Machakos Hospital
By Jonathan Mutiso
POOR conditions at the Machakos General Hospital were in parade as Permanent Secretary for Medical Services came calling.
The pathetic condition at the hospital could not be cushioned as the PS, Prof James Kiyiapi came face to face with congested children's ward and facilities that had been stretched to the limit, coupled with poor management of the facility.
The PS witnessed serious congestion at the hospital's pediatric ward where a 30 capacity room is holding close to 200 children, bearing the hall marks of a death trap.
™We must invest in our children otherwise what other investment could we boast of?∫,he observed, adding the ministry will give the hospital funds for the construction of a proper children's ward in the next fiscal year.
At the end of the tour, it emerged that problems facing the hospital, including lack of doctors was also afflicting other public hospitals in the country.
Even as officials complained of lack of facilities, the shame of inefficiency at the hospital popped time and again- especially over the threat to lose Sh 200m worth of equipment donated from Europe. The hospital may lose the equipment over failure to erect a building to accommodate the equipment at the hospital.
He announced that the hospital will soon receive kshs.121m worth of modern equipments to help enhance service delivery and efficiency.
The PS who spoke to journalists after a tour of Machakos General hospital said the government must improve the terms and condition of service for medical personnel with a view to retain and attract them in its service.
™We cannot afford to loose doctors at this rate and cheat ourselves that we are offering Kenyans quality health care∫, said the PS. Prof.Kiyiapi said Clinical Officers and 15 nurses will be posted to the facility to ease the serious staff shortage it is currently experiencing.
He pledged an urgent Sh.10m for the rehabilitation of the institutions electricity wiring system before the equipment are brought to avert destruction.
The PS also admitted there is a serious shortage of pharmaceuticals in government institutions which he attributed to strained budgetary allocations but assured Kenyans the matter is being addressed.
™Many of our hospitals were build many years back and are in pathetic conditions. We have been unable to put systems to the required level due to constraint budget, admitted Prof.Kiyiapi.
The PS called for improved management of the Facility Improvement Fund to check corruption and direct part of the funds in purchasing medicines.
We are looking forward to a vibrant management to ensure we brought our heath institutions to the level they out to be for Kenyans to enjoy quality health care services, said Kiyiapi.
Fresh theft in Malili
as leaders go silent
By Martin Masai
EVEN AS the High Court entered the Malili Infamy with an order stalling transactions that may lead to the construction of Malili Technopolis, it is emerging that local political leadership has left citizens alone to be robbed.
Save for Kitui Central MP Charity Kaluki Ngilu who has been supporting the payment of Sh 1.4m for every 5,000 acres to Malili peasants, all other leaders-notably Vice President Kalonzo Musyoka, Kilome MP John Harun Mwau, Kaiti MP Gideon Ndambuki and Kangundo MP Johnson Muthama, had remained studiously mum.
This silence emerged as The Anchor obtained documents that show that some new players, hitherto unknown to the deal, have joined in and have most likely been paid over Sh. 100m, apparently for onward transmission to MPs or other players as a Silencer Fee.
It is alleged that the money has been spread to the ODM-K MPs and top Civil Servants, some coming from Ukambani in what is clearly a brutal theft from the poor.
A law firm- Kamotho Maiyo and Mbatia, located on the same Building with Eric Mutua and Company Advocates- the lawyers for Malili Ranch Limited have apparently been looped in.
Mr Kamotho Waiganjo, in a document seen by The Anchor has been instructed to move a Total of Sh 210m belonging to Malili Ranch, which seem to have been in his custody to four other firms.
The November 4 document was allegedly drafted from the offices of an ODM-K MP and instructed to be put on Malili Letterhead and be signed by new Malili leaders to effect the payout.
The documents bear instructions that Gateway Logistics be paid another Sh 60m, on top of the Sh 40m already paid to them by the former Malili Chairman Mr Josiah Munuka, now deceased. Malili Directors, in another document acknowledge that they sanctioned the payment of the Sh 40m to Gateway, representing a four percent commission as allowed by law for unspecified services to Malili.
Erict Mutua would also be paid another Sh 40m, the fact that he had been paid some Sh. 28m as legal fees notwithstanding. Interestingly, Malili Directors say this payment is as a result f the fact that Mutua ™negotiated with the Government on behalf of the company(Malili) (and) had to undertake amalgamation/collection of the individual plots and allotment/share Certificates to make a total of 5,000 acres.∫.
This information is obtained from a document that we have published elsewhere in this paper. However two directors of Malili- Mr Peter Kanyi and Mr Julius Kilonzo have distanced themselves from the contents o the documents which alleges they were present during the meeting held on December 14,2009 at Malili Ranch Boardroom.
The Anchor went a step further to find out if indeed such a meeting took place. Our findings are that the meeting took place but the conditions surrounding Mr Kanyi an Mr Kilonzo at the time could not justiy anyone to say that they were active participants at the meeting.
This is because they had been subjected to intimidation by the police and some politicians who demanded threatened them with tax payment demands unless they quit their positions as Chairman and Secretary of Malili.The said meeting took place the day Kanyi and Kilonzo gave up their positions.
It was held at the offices of Mr Mutua and not Malili since Malili Ranch Ltd has no boardroom unless it exists only in the minds of those who drafted the minute.The most curious instruction to Mr Kamotho Waiganjo is that he pays a whopping Sh 107m to a construction firm called CCH Master Builders Africa Limited. This payment was to be wired through its EcoBank Kenya Limited Account Number 0410200024, Plaza 2000 Branch, P.0.Box 27607-00506, Nairobi .
Our investigations reveal that CCH Master Builders are new entrants to the Malili Fiasco and may have entered after a disagreement arose between its owners and Gateway Logistics over the demand for commissions. Indeed, CCH is the beginning and end of the Malili riddle. So who is CCH Master Builders Africa Ltd? This is a matter of another day. But preliminary investigations are pointing at a wealthy politician and ODM-K King-pin whom we will not name until he responds comprehensively over what is going on at Malili.
The resolution to pay Sh 1.1m for the 7 acres means that each acre would go for Sh 157,000 and not Sh 200,000 that the government was paying for the land. So why would the directors of Malili want to pay Sh 300 less that the agreed price to poor farmers?An explanation that the reduced amount was being paid due to alleged theft of millions of cash by Malili Directors is the lie that the thieves have advanced.
The fact of the matter is that the thieves have decided to pay farmers less cash so that they can steal the rest of the money.Indeed the other explanation that part of the money was to meet costs of the survey and compensation of those who had erected structures on the land is hogwash- since those costs were supposedly defrayed with Sh 97m raised from the decimal 8 of an acre from each of the 609 parcels that make the 5,000 acre land that the sate is buying
Our investigations show that by the time Kanyi and Kilonzo exited as top officials, they had paid a total of Sh 157m to 112 members. If the decision to pay Sh 1.1 is upheld, it means that the thieves will save some Sh.149m to share among themselves after paying the remaining 497 members.Now we ask: Why does it take Mrs Ngilu- who is not a member of Malili to fight along the peasant farmers and not the MPs whose voters are being robbed in broad day-light?Why is Kaiti MP Gideon Ndambuki and Mr Mwau silent over Malili thefts? We have however established that Mr Ndambuki, himself a member of Malili was paid a total of Sh 2.8m for his two plots within the area. It means that he accepted Sh 1.4 per piece. So why would he remain silent after it became public that his poor constituents would be paid Sh 1.1m?
Questions are being asked why he failed to team up with his constituents the first time they convened at Malili and were scattered by the police as they queried why the transactions were being carried out in secret. Again when Mrs Ngilu joined in a protest meeting at Malili, Mr Ndambuki and Mr Mwau stayed away and only issued a statement saying he would not allow anyone to pay less money to the peasants.
Again, the peasants met alone at Malili Market and shouted themselves hoarse after the officials started paying Sh 1.1. Mr Ndambuki and Mr Mwau remain silent.
It was after the residents discovered that their leaders would not speak out that they raised funds and went to court to seek help. Sources indicate that Mrs Ngilu has offered to help the peasants fight for their rights
At the High Court, the government was stopped from buying the disputed Malili Ranch.The temporary order is effective for 14 days. Justice Roseline Nambuye made the order after she was told by a group of the shareholders that the sale is illegal.
The judge restrained the Permanent Secretary in the Ministry of Information and Communication Mr Bitange Ndemo, the Attorney General Mr Amos Wako and Malili Ranch Limited. They were restrained from selling, transferring or interfering with Malili Ranch for 14 days, allowing the first time that the mater will be discussed face to face, and not the boardroom sessions where vested interests have informed past transactions.
The Stete had paid an initial Sh 400m and has been holding a balance of Sh 600m. The Judge restrained the government from paying the balance of the purchase price of the land. The documents indicate that the government bought the land for Sh1 billion and has already paid Sh400 million. The Shareholders who went to court are Messers Timothy Mbuti, Joshua Kilonzi, Benjamin Muthoka, Rajabu Mohammed, Simon Muindi, Mutwiwa Mutetei and Kikuna Mutungi.
They are arguing that their land was sold without their consent or consultation. They told the judge that they have started to develop their portions and it is wrong for the ranch to sell the land without their knowledge and compensation.
They want the court to stop any transaction until they are consulted and fully compensated. The shareholders said despite the notice of intention to sue, the ranch and the government have refused to consult them.Knowing that the forces seeking the Malili Millions are strong, it remains to be seen how effective the court intervention will help. We were informed the forces seeking the millions would be storming the courts to reverse the stoppage order.
Besides, The Anchor has been informed that even as the haggling went on, the government was in the process of transferring the land to itself. If this happens, it means that the state will have made it easy for the thieves to even slash the funds further and set the stage for endless litigation, a development that will confirm that deep rooted corruption in Kenya is often fueled by the government itself
Efforts by The Anchor to talk to Mr Mwau failed as his aids said he was out of office. Mr Ndambuki staggered appointments for an interview with The Anchor Editor and we will bring his comments as soon as he responds, alon with Mr Muthama.
KCPE: Machakos at historic rock bottom
By Nguma Kitone
AS Predicted by The Anchor, Machakos District is sliding towards oblivion in the performance of National Examinations.
With the outcome of KCPE , it is being confirmed that times when Machakos District was a household name in K.C.P.E performance is long gone and only memories of its past record linger.
Current statistics are so worrying and pathetic that they spell doom to the future of KCPE.
It is emerging that majority of the candidates presented to the examiner last year could not score half the marks.
The District managed a mean score of 235.18 and was ranked 114 nationally, clearly making it a pale shadow of what it was some 10 years ago when Machakos topped the entire republic.
Even then, Machakos District Education Officer Mr Abdulkadir Ali called The Anchor to share some `good news' that the greater Machakos District had emerged as the best improved district at a rate of 6.7 percent. ™The Provincial Director of Education has just rang to congratulate me upon this improvement∫, Mr Kadir told The Anchor Editor Mr Martin Masai.(We are awaiting a letter of congratulations from the PDE to Mr Kadir, which we will run verbatim).
It however looks curious that an assessment on improvement could have been done on the basis of a district that was split up to over a year ago. Indeed the new districts of Kathiani, Mwala, Athi-River, Kangundo and Matungulu have their distinct education administration, let alone other government structures and it is mind boggling why anyone, let alone the PDE would want to assess Machakos with districts that became independent quite a while ago and are well set for competition.
Nevertheless, observers must ask: What could have happened to Machakos, given that the newly created Districts like Mwala and Yatta are doing much better and are ranked 46 and 67 respectively.
At a glance, 40 percent of all the candidates presented in Machakos will not meet the set cut off marks to join secondary school and will most likely join the ever growing army of school drop-outs.
This scenario condemns these children to a life of hopelessness. The under-performance puts parents in a quagmire not sure of what to do next.
In the whole of Machakos, less than 20 pupils scored 400 and above marks.
This unacceptable and unbelievable show means that only 20 Machakos students will go to national schools.
Makueni still keeps the fire burning and was ranked 18th overall. The big question should be: what is the root cause of the poor performance in Machakos District? Put another way; is the management of education in Machakos in the right hands? Are all the players- the District Education Board, District Education Office, the Branch leadership of the KNUT, parents, teachers and other stakeholders reading from the same script? That answer can not be in the affirmative. Reports dotting out pages in the last year or so show that all forces in education are pulling in different directions.
The Anchor carried out an investigation aimed at finding out what could be causing the below per performance and here is our findings.
Teachers and parents interviewed said that they were not surprised by the poor results and all admitted that come next year the story shall be the same or worse unless drastic changes are taken.
First, teachers moral in Machakos is at the lowest ebb due to skewed promotions on the part of school managers. Time is long gone when teachers were promoted according to their class performance and managerial skills. Today, promotions to headship in Machakos are pegged on how loaded your pocket is and whether you are ''obedient''∫ and ''supportive'' to the ''system'' in place∫.
Its seems that the Knut Branch leadership is in charge of promotions at the DEO's office since only supporters of the current leadership of Albanus Mutisya gets promoted to headship.
A clique of 2 Education Officers from the DEO's office liaise with KNUT office to find out those teachers who can fit in the system.
Few teachers can be appointed to any post without the approval of the KNUT boss. In a case in point, one of his key men at the Masaku Teachers Sacco, who had hardly served as Deputy head teacher for two years has now been promoted while some other teachers have been serving as deputies for over 10 years.
Presently, Mr. J Muthonga's posting to perennial poorly performing Kusyomuomo Primary as the Head teacher has raised eyebrows and those who know how promotions are conducted in Machakos were not surprised.
™His elevation will not encourage anyone It kills our motivation and spirit to perform∫ said a Deputy who has worked as a Deputy for 13 years. ™Who can express our plight since KNUT is at the centre of everything and we can all not fit in the system∫ ?, asked the deputy head teacher.
Besides, staffing levels leave a lot to be desired in Machakos Primary Schools. Generally the government is to blame over the teacher shortage in schools. Since the inception of FPT, there has been an increase in school enrolment without a corresponding increase in the teacher pupil ratio. The result is such that teachers avoid giving any homework or excercises to pupils as they can not possibly mark over 80 books from each of their classes.
Worse still the available teaching staff in the District is not well distributed and the D.E.O should explain why teachers overcrowded in some schools while other schools face severe teacher shortages.
Many schools are understaffed and one wonders how teaching is conducted where 8 classes are manned by 5 teachers.
Some schools with 24 classes have over 40 teachers? This explains why some schools can never perform. All schools are equal and equality should be the norm when it comes to posting and staffing of teachers.
Another factor undermining education is insufficient materials. Despite the governments efforts to supply schools with funds to buy teaching aids and textbooks, the efforts have been hampered by corruption through book sellers and the school managers. School procurement procedures have been punctured, leading to loopholes that allow embezzlement of funds set to buy books, furniture and other materials
Katoloni primary school presents the best example in this case. The school is yet to enjoy money given to buy 40 desks after a teacher embezzled the cash, yet the D.E.O is aware and no steps have been taken to ensure that the money is refunded to the school and that the desks are bought.
When learners are over crowded learning cannot take place smoothly and learners have difficulties in undertaking assignments.
Another factor is the caliber of officers who supervise the education process. The Anchor discovered that most of them are gone beyond their sale-by date.
Machakos District has two Divisions Kalama and Central which are further divided into three zones. The two A.E.O's have worked in the District in the same capacity for over 25 and do not have new ideas to cope with dynamic times presented by the challenges of Free Primary Education. years.
Worse still, it remains debatable if the AEOs are the best placed persons to ensure that education is improved in Machakos, given the fact that one of the is immersed in questionable actions and politics of Knut, factors that undermine integrity as education officers.
Top KCPE boys cast a wide view
By Nguma Kitone
THE top Machakos Primary kKCPE candidate and number five in Eastern Province master Muli Nguli wants to become a Surgeon. His classmate Allan Kyalo 13,says he wants to become an architect.
Muli who scored 429 marks has his eyes on the prestigious Mang'u High school while Kyalo who got 418 marks wants to join Alliance Boys.
Muli said he wanted to become a medic so that he could be saving lives of the sick, especially accident victims.
The first born in a family of six said he was happy with the results saying he would now fulfil his dream of studying at Mang'u school.
Young Muli attributed his sucess to God, hard work and the maximum support he enjoyed from his parents and teachers.
''I have always looked forward to join Mang'u for my secondary education.it,is a dream come true'',he said.
We found the family having breakfast and Muli's mother Mrs.Emma Muli,who is a lecturer at the University of Nairobi could not hide her joy.
™He has done us proud and we thank God for him∫, said the mother adding the family screamed the whole night with excitement.
She added that Muli is a very organised,focused and a time concious boy who spend his time doing worthwhile work. The father,a seasoned journalist Mr.Muli wa Kyendo said their son is disciplined, obedient and hard working.
™Many a time I found him googling to find answers to Mathematics and other subjects∫,said Mr Kyendo.
He added that the internet is very useful in getting students understand if they use it in a sensible manner.
Allan 13 attributed his performance to prayers, hard work and supportive parents and teachers who spared their time to guide him.
His mother who is the Principal of AIC Mbooni girls high school thanked Machakos primary school teachers for guiding her son to success.
Opinion
Kadhi Courts debate exposes
naivety of Christian crusaders
By FR JOACHIM OMOLO OUKO,
I laughed when I heard that Evangelical churches have threatened to rally Kenyans to reject the new constitution if Kadhi's courts are included in the draft. Under whose power or authority do they threaten to rally Kenyans? And who are they by the way?
First of all Federation of Evangelical and Indigenous Christian Churches of Kenya are very ignorant. Kadhi's courts are not religious courts as they put it. Kadhi's courts have been in the Constitution since independence and their jurisdiction covers only Muslims on issues of personal law and not religion.
Also ignorant are the representatives of the mainstream churches. Like Evangelical they have threatened to rally their followers to reject the draft constitution if Kadhi's courts are not left out.
In their recent meeting - Dr Gideon Githiga of the Anglican Church of Kenya, Bishop David Kamau of the Nairobi Catholic Archdiocese, Presbyterian Church of East Africa moderator David Gathanju and John Mugecha of the African Independent Pentecostal Church of Kenya, they resolved that Kadhi's courts should be included in the current Constitution.
I like the diplomacy of the National Canon lawyer of the Catholic Bishops in Kenya, Fr Dominic Kimengich in saying that the stand of the Church could only be communicated by the chairman of the Kenya Episcopal Conference, Cardinal Njue, who was at the time of clerics meeting was in Rome. In other words Bishop Kamau would have not spoken on behalf of the Kenya Catholic bishops.
Fr Kimengich is indeed very smart. He even said the cardinal can only make the decision after meeting the other Catholic bishops. The fact that he is the Kenya Episcopal Conference does not give him the power to speak on behalf of the bishops.
Fr Kimengich was so diplomatic when he said that an individual bishop may attend any meeting discussing such a matter. In other words bishop Kamau was right like any individual Kenyan to attend the meeting.
The church leaders' statement which came a day after Chief Justice Evan Gicheru said Kadhi courts established under British colonial rule should not be abolished was a reaction to CJ's remarks he made in Mombasa.
The church leaders are even bitter with the Committee of Experts, which is writing a new constitution. They have said that kadhi's courts are not a contentious issue and therefore should not be rejected.
These so-called religious leaders are very naïve indeed. They think very narrowly. For them they understand that the Constitution was being changed to improve the lives of Kenyans. They only look at it in terms of Kadhi's courts, abortion and same sex marriage. They do not know that with or without constitution abortion and same sex marriage will always be there whether they like it or not.
The fact that Kadhi's courts have always existed in the current constitution, it would be too naïve to say that it should not be in the new one. Why religious leaders did not reject it for years that it has been in the current constitution. Or may be they were not even aware that it existed. God forgive them for their ignorance.
Religious leaders are not even aware that the Kadhi's courts came into being with the independence Constitution in 1963 but had been in operation even before. They are anchored in the Constitution under Article 66 (8) which states: ™There shall be a Chief Kadhi, and such number, not less than three of other Kadhis as may be prescribed under an Act of Parliament.∫
Article 66 (12) says ™the jurisdiction of a Kadhi's court shall extend to the determination of questions of Muslim law relating to personal status, marriage, divorce or inheritance in proceedings in which all the parties profess the Muslim religion.∫
Religious leaders' sentiments have even influenced Tanzanian Catholic Bishops. They have challenged the idea of having the Kadhi's Courts, arguing that if legislators debate it, as it is likely to be the case, then the state authority would no longer be neutral in religious affairs. This, they say, is at best to contravene the Constitution, for a secular state authority cannot lean towards a certain religious persuasion without seriously risking its national unity.
Even though Article 19 (2) of the United Republic of Tanzania's Constitution (1977) states that worship and propagation of a religion is an individual's private affair and therefore the state authority shall not involve itself in the affairs and management of religious bodies, this does not mean that the Kadhi Courts should not be introduced.
Kadhi, an Arabic term that refers to a judge, specifically meaning a Muslim magistrate who has the power of adjudicating on matters according to Islamic law otherwise referred to as Sharia law have been in operation ever since before Kenya's independence.
The religious leaders in Kenya are not even aware that there are about 17 Kadhis nationwide serving in different parts of the country. These courts are located in various parts of the country including- Kwale,Kilifi, Mombasa and Lamu districts; Nyanza and Western provinces; several districts in Rift Valley province; Wajir and Mandera districts; Nairobi, Central and Eastern Provinces; Garissa and Tana River districts; Marsabit and Isiolo districts.
The Kadhis' Court in Nairobi is located in Upper hill. Inquiries by prospective applicants may be made at the Registry or a court clerk who may offer assistance as to the proper documentation and payments necessary to be made before an application is made.
Without prejudice to section 65 (1), of current constitution there shall be such subordinate courts held by Kadhis as Parliament may establish and each Kadhi's court shall, subject to this Constitution, have such jurisdiction and powers as may be conferred on it by any law.
The Chief Kadhi and the other Kadhis, or the Chief Kadhi and such of the other Kadhis(not being less than three in number) as may be prescribed by or under an Act of Parliament, shall each be empowered to hold a Kadhi's court having jurisdiction within the former Protectorate or within such part of the former Protectorate as may be so prescribed: Provided that no part of the former Protectorate shall be outside the jurisdiction of some Kadhi's court.
The jurisdiction of a Kadhi's court shall extend to the determination of questions of Muslim law relating to personal status, marriage, divorce or inheritance in proceedings in which all the parties profess the Muslim religion.
The Muslims want it be included in the proposed constitution given that in the current constitution Kadhi's courts have neither been satisfactorily integrated into the national legal system nor given their own proper structure and hierarchy, and no distinction made between the judicial role of the Chief Kadhi and his role as a spiritual leader.
In the proposed constitution the hierarchy of Kadhi's courts will be as follows: Kadhi Court of Appeal presided over by the Chief Kadhi and two Kadhis -since many Districts with predominantly Muslim populations are far removed from Nairobi, where the Kadhi Court of Appeal would normally sit, the rules should provide that the Court should sit in these Districts on a regular basis.
The Supreme Court on appeal from the Kadhi Court of Appeal only on a constitutional matter, the Kadhi courts shall have jurisdiction to deal with civil and commercial law where all the parties profess the Muslim faith, in the manner of small claims courts (which are expected to be established shortly), without affecting the rights of parties to go to other courts or tribunals with jurisdiction over the matter.
The Chief Kadhi shall have the same status, privileges and immunities as a High Court judge, the Senior Kadhi as a Chief Magistrate and the Kadhi as a Resident Magistrate. The Chief Kadhi and other Kadhis shall be appointed in the same way as other judges.
Apart from the Chief Kadhi, who shall be a member of the Judicial Service Commission, a Muslim woman is nominated by the national Muslim organisation.
The qualification forappointment as Kadhis include having a degree in Islamic law from a recognised university and being an advocate of the High Court with, in the case of the Chief Kadhi, at least 10 years experience, and for other Kadhis, at least five years' experience as an advocate of the High Court. Kadhis shall be full time judicial officers and shall not have responsibilities of a spiritual nature.
Quick action restores order
at stinking Mwingi mortuary
By John Musembi
MWINGI District Hospital now has new mortuary equipment. This means that those whose bodies are stored there will be preserved well before burial.
When our reporter visited the mortuary, ministry of health engineers doing final touches on the repair work which the medical administrator Mr. Ngugi Mbugua said had cost an upward of Sh.700,000.
™The repair works on the coolers in the morgue is almost complete now, it will be operational anytime. We will start receiving bodies anytime as the engineers are just monitoring the fitted mortar to ensure they are functioning properly,∫ said Mr. Mbugua.
He said that as the morgue was being repaired all bodies were being referred to another morgue in the neighboring Mwingi West district which was reportedly overwhelmed by the bodies being taken there.
Mr. Mbugua said that as the cold rooms were being rehabilitated the nine bodies that were still lying there had been embalmed and preserved in a store awaiting collection by relatives.
He however disclosed that the morgue could only accommodate 14 bodies adding that there were plans to build a bigger mortuary at the cost of Sh. 20 million in future.
The repairs come about three weeks after Vice President Kalonzo Musyoka visited the Mwingi district hospital morgue to find it in awful state with decomposing bodies sending out a pungent smell, the facility has been repaired.
The mortuary coolers broke down in 2006 leaving bodies preserved therein to rot and it was not until last December 18 that Mr. Musyoka visited the facility in a bid to salvage the situation.
Days before the VP who is the Mp for Mwingi North visited the morgue, his Mwingi South counterpart David Musila had also visited the place. Both leaders castigated the Mwingi district heath team for taking too long to rectify the situation.
During his visit to the morgue Mr. Musyoka endured the pungent smell of decomposing human bodies to venture right into the innards of the mortuary to see first hand the deplorable state of the facility.
Besides fighting the stench from rotting bodies that was powerfully assaulting his nostrils, the VP came face to face with rotting bodies heaped upon each other outside the collapsed cold rooms.
So shocked was the VP after touring the facility that he curtly told the Assistant Director for Medical Services Dr. Simon Mueke who conducted within the morgue; ™Dr. Mueke, you have a job to do here.∫
The Mwingi medical officer Dr. Daisy Ruto told the VP that the assaulting stench emanated from the 13 decomposing unclaimed bodies placed outside the morgue chambers that had not been embalmed and were awaiting court orders for them to be disposed off.
Key events, players and
evolution of the Malili Fiasco
How did the Malili Ranch issue become a fiasco?
By Martin Masai
The Government entered an agreement with Malili Ranch to buy 5,000 acres of land for build what will be known as Milili Technolpolis. The land comprised of 609 parcels of land measuring 7.8 acres.
Each acre would be bought at Sh 200,000. The State paid Sh 1.560 for each parcel. Malili Directors would pay Sh 1.4 to each farmer, leaving Sh 160,000 from each parcel (Sh97m in all) to cater for the administrative costs and compensation for developments of the land.
Leaders of the ranch- the late Mr Josiah Munuka, Mr Kanyi and Mr Kilonzo, with assistance of some Machakos lawyers begun buying plots from farmers at throw away prices- as low as Sh 400,000 per parcel and selling the same land to the government at Sh 1.4m. By November 2009, 112 parcels had been paid for. Sh 40m had been paid to Gateway Logistics as commission and another Sh28m to Eric Mutua as legal fees. Between Munuka, Kanyi and Mr Kilonzo, they had been paid nearly Sh 150m from the land transactions.
The dispute came to the fore late last year after the death of Mr Munuka when two Malili Ranch directors, Mr Peter Kanyi and Mr Julius Kilonzo, were charged with stealing Sh143 million from EK Mutua Advocates in Nairobi.
The two are out on bond and their case will be heard on January 29.
Lawyer Alponse Mutinda, for the seven shareholders, successfully urged Lady Justice Nambuye to block officials of Malili Ranch, Lawyer Mutua and government agents from releasing the money or trespassing, disposing, transferring or interfering with the disputed land, pending the determination of the case.
The judge ordered that the suit documents be served on the respondents. The shareholders fear losing out on both the money and their parcels of land. New leaders of Malili are Mr David Ndolo Ngilai(Chairman), James Munguti(Secretary) Julius Mbau Nzyuko(Vice Chairman) and Leonard Kitua( Treasurer). Kanyi and Kilonzo are now ordinary directors.
Other key players in the Malili saga are Minister for Information and Communication and ODM-K Chairman Mr Samuel Poghisio, his PS Mr Bitange Ndemo, Treasury PS Joseph Kinyua.
When the dispute first arose, Mr Kanyi and Mr Kilonzo alleged that they were taken to court after they rejected a plea by Kangundo MP Johnson Muthama that they sign an agreement for Gateway Logistics to be paid a fee for alleged commission for sale of them land. They sought refuge in the hands of Water and irrigation Minister Chrity Ngilu, who helped them meet Prime Minister Raila Odinga, saying that they would never allow gateway to rip off peasants of Malili Ranch
Mr Muthama is alleged to have reported the matter to the police, leading to the arrest of Mr Kanyi and Mr Kilonzo. He has since told The Anchor that it is true that he reported the matter to the police leading to the arrests and prosecution but he has, nevertheless denied allegations that he was fronting for the payment of the illegal commission to Gateway.
™ My motive was not to push for any commissions for anyone. I have no other interest in Malili other than to ensure that the right thing is done,∫ Muthama told The Anchor.
But since the two were charged and subsequently removed from the chairmanship, The Anchor has seen new signatures on an agreement backdated to February 24,2009, indicating that Gateway would be paid Sh 21,000 commission for the sale of the 5,000 acres, meaning that they would receive a total of Sh 105m from the deal, even when Gateway did nothing to enable the sale of the land to Malili.
Nevertheless, Mr Muthama has remained mum even as it emerged that Malili leaders will pay Sh 300,000 less than the agreed rate with the Government. So what has happened with his drive to have the right thing done at Malili? Why will he not report the current directors to the police now that they are paying less to farmers than what the government paid for? That is the question.
Kitui ranch stares
at bleak future
By Bonface Mulu
THE future of the B2 Yatta Ranching Cooperative Society Limited in Kitui District existence if threatened by factors beyond its control, the society's chairman, Mr. James M.Simba,says
Simba said that the invasion of the ranch by 500 squatters has drained the society of a lot of money in court cases. He said that from 2007 to 2009, the society has spend some Sh 901,000 on court cases and other expenses.
The chairman regretted that the lack of diversification to other income generating activities has also put the core activity under a lot of pressure.
Simba was speaking at Kwa Vonza location, Yatta division during the socety's Annual General Meeting of the 30,200 acres ranch. It has a total of about 5,000 members who are from Kitui and Mwingi Districts.
Simba said that the diversification helps spread the risks of investment. He added: ™The weather conditions that prevailed the entire country for the last five years culminating with severe drought experienced in this area and elsewhere was a great challenge. Such weather conditions are bound to occur again and again due to the climatic change. The society should put mechanisms against such adverse conditions, for instance, by diversifying production into other areas.∫
The co-operator said that the society had a total of 2,322 cattle and some 224 goats in January 2009 that he said many of them had died by December 16, 2009. He disclosed that they had remained with some 477 cattle and 110 goats. ™We have a very weak stock base. We need to restock the ranch if we are to be in business. It is very difficult to obtain a loan to boost the sector and due to technicalities involved,∫ the society chairman said. ™ We have to seriously think and support other income generating activities so as to spread the risks involved. The devastating drought has led to deaths of many our livestock,∫ Simba added. Simba announced that the society is also supported by the Agricultural Business Development (ABD) Programme who are willing to finance the society to meet some of its obligations.
The gathering was also addressed by the Kitui District Cooperatives Officer George Nduto and the society's general manager Stephen M.Katee among others. The society's secretary Peter M.Kimanzi and the society's treasurer Praxedes K.Ndeng'e also addressed the function. The District Cooperatives Officer had been accompanied by his deputy, Miss Rosa Muthoni Kimotho and his office's auditor Peter Maluki.
Mutula wants CDF manager probed
By Anchor Writers
Embattled Mbooni Contituency Development Fund (CDF) Account Manager Mr.George Malinga to hand over to his successor has irked the area MP.
Mutula Kilonzo,who is also the Justice and Constitutional Affairs minister has writen to the National CDF Secretariat Chief Executive Officer Mrs.Agnes Odhiambo expressing his outrage over the delayed process.
He asked the CEO to investigate the conduct of the out going manager in addition to prevailing on him to hand over to the new Account manager.
™I would like to be obliged if you could investigate the conduct of Malinga and prevail on him to hand over to the new manager. Malinga will not be accepted in Mbooni now or ever again∫,read the letter dated December 16.
Efforts to reach Mrs.Odhiambo for her comment were fruitless as she was said to be in Mombasa on official duty.
CDF funded projects have stalled following the stand off between the manager and the CDC comittee.
Things were thrown into disarray when the outgoing Account Manager boycotted a planned handing over ceremony for the second time.
Constituency Development Committe (CDC) members led by the chairman councillor Nzeki Mutulili and the new Accounts Manager Mr.Japheth Musee turned up for the ceremony at Tawa but Malinga failed to show up.
The outraged CDC officials accused Malinga of sabotage and urged the National CDF secretariat to intervene and facilitate the handing over.
™CDF activities have ground to halt because the outgoing Account Manager has deliberately refused to hand over∫,said Nzeki.
When contacted Malinga said he had not been informed of the planned hand over ceremony.
Residents of Machakos town took to the streets to protest the posting of Mr.Malinga as the new CDF Account Manager for Machakos Town.
The twig waving protestors matched from the CDF offices at Kinyali House to the District Commissioner's office where they sought audience with the DC Benard Kinyua over the issue.
This was after they denied the Accounts Manager Mr.Malinga entry into the office when he reported to take over.
Yet in an intriguing development, The Anchor has received a letter written by the Mr Nzeki, glorifying Mr Malinga and recommending him as a highly efficient person. It remains unknown where the letter was going to and for what purposes.
By A Special Correspondent
Water minister Charity Kaluki Ngilu has reignited the controversial 2007 presidential elections debacle, charging for the umpteenth time that Raila Odinga had actually won the poll.
Speaking during the launch of a water project in Salama, the minister said the fact that ODM has a majority 105 MPs in Parliament against PNU's 73 was evidence of the alleged victory.
The minister said it was unfair that the Vice President Kalonzo Musyoka, whose ODM Kenya party has only 16 MPs should serve at the second highest office in the land.
™Raila's ODM party has a majority MPs in Parliament. Were they voted for by ghosts?∫, she posed.
She said bad government and mismanagement of Kenya's resource was to blame for resistant famine and water crisis that has afflicted this country.
This, she said has derailed Kenya 's development prospects, encouraged graft and impunity.
At the same time, the minister said that it was unfair for the country to continue begging for food for its citizens when the government has the capacity to produce enough food for its citizens.
™Why should we beg for food from Eqypt, yet the water they use for irrigation is sourced from Kenya ?™, the minister posed.
Kenya, Ngilu said was bestowed with some of the best climate in the world that allows more than 60 per cent of the country to have two harvests in a year.
™Unless we fix this malaise, future generations of this country will never forgive us∫, the usually combative Ngilu said.
The minister decried the culture and sycophancy, self aggrandisement and political conmanship which she blamed for current political impasse facing the country.
Other than provide leadership, some leaders had become petty in a bid to remain politically relevant in a fast changing political landscape.
She said she was talking to like minded politicians with a view to liberating Kenyans from political tyranny once and for all.
Ngilu said that days when Parliament was used to rubber stamp decisions made in restaurants were long gone and said the National Assembly will continue to exercise its mandate without fear or favour.
But she assured the public that the new found independence will not be used to witch hunt anybody.
™Mps are responsible and honourable people. We will exercise our mandate to the best interest of the electorate∫, Ngilu said.
She directed that Kilome Constituency residents be connected with water from the Kilimanjaro Water pipeline that traverses the constituency to Athi River.
Lately, Ngilu has been embroiled with political turf wars with Kalonzo over his call for a 3K alliance between the Kamba, Kikuyu and the Kalenjin.
The move has drawn a lot of political heat in the country, with Ngilu dismissing the suggestion as cheap and not befitting the holder of the Vice Presidential slot.
Shock at Machakos Hospital
By Jonathan Mutiso
POOR conditions at the Machakos General Hospital were in parade as Permanent Secretary for Medical Services came calling.
The pathetic condition at the hospital could not be cushioned as the PS, Prof James Kiyiapi came face to face with congested children's ward and facilities that had been stretched to the limit, coupled with poor management of the facility.
The PS witnessed serious congestion at the hospital's pediatric ward where a 30 capacity room is holding close to 200 children, bearing the hall marks of a death trap.
™We must invest in our children otherwise what other investment could we boast of?∫,he observed, adding the ministry will give the hospital funds for the construction of a proper children's ward in the next fiscal year.
At the end of the tour, it emerged that problems facing the hospital, including lack of doctors was also afflicting other public hospitals in the country.
Even as officials complained of lack of facilities, the shame of inefficiency at the hospital popped time and again- especially over the threat to lose Sh 200m worth of equipment donated from Europe. The hospital may lose the equipment over failure to erect a building to accommodate the equipment at the hospital.
He announced that the hospital will soon receive kshs.121m worth of modern equipments to help enhance service delivery and efficiency.
The PS who spoke to journalists after a tour of Machakos General hospital said the government must improve the terms and condition of service for medical personnel with a view to retain and attract them in its service.
™We cannot afford to loose doctors at this rate and cheat ourselves that we are offering Kenyans quality health care∫, said the PS. Prof.Kiyiapi said Clinical Officers and 15 nurses will be posted to the facility to ease the serious staff shortage it is currently experiencing.
He pledged an urgent Sh.10m for the rehabilitation of the institutions electricity wiring system before the equipment are brought to avert destruction.
The PS also admitted there is a serious shortage of pharmaceuticals in government institutions which he attributed to strained budgetary allocations but assured Kenyans the matter is being addressed.
™Many of our hospitals were build many years back and are in pathetic conditions. We have been unable to put systems to the required level due to constraint budget, admitted Prof.Kiyiapi.
The PS called for improved management of the Facility Improvement Fund to check corruption and direct part of the funds in purchasing medicines.
We are looking forward to a vibrant management to ensure we brought our heath institutions to the level they out to be for Kenyans to enjoy quality health care services, said Kiyiapi.
Subscribe to:
Posts (Atom)
theanchormedia blogspot
Popular Posts
-
worse. From the skies, the sun is stinging hot and the clouds are without rain. Deep in April, a month ordinarily wet, all signals indi...
-
Fr. Makewa when he was charged in court today Stop Press Fr Makewa Charged By MARTIN MASAI SUSPENDED Fr John Makewa was finally ha...
-
Strange Gun Drama ! Police seek to know who shot priest By MARTIN MASAI POLICE is packaging details they have gathered over a bizarre shoot...
-
Just who are the accusers and what do they claim? So who are these people seeking the removal of Konza leaders? One of them is Muti...
-
KCSE: A big rebound for Kitui, Machakos and Makueni counties By Jonathan Mutiso THREE counties of Machakos, Makueni and Kitui, for the fir...
-
Samuel Muindi Mbingu: A Profile Samuel Muindi Mbingu was born in 1893 and schooled up to form four at Kabete Technical. After form four h...
-
MACHAKOS Girls has shown the way in a very telling manner.
-
Machakos University at last Machakos Technical Training Institute finally elevated By Anchor Reporter F INALLY, Machakos University...
-
Fr.Makewa Jailed By Martin Masai Senior Resident Magistrate Mr Waititu SUSPENDED Fr John Wambua Makewa was today jailed for sev...
-
By Martin Masai Machakos Devolution Minister Joyce Mwikali Muindi is missing from Wavinya Ndeti's cabinet in a quiet reshuffle, The Anch...