Saturday, May 12th, 2018
Hi. My boyfriend has been good to me, but lately he has become so boring. He started a new job and right now that is all he talks about.
He no longer wants to do fun activities and I feel like I have to beg for his attention. When I ask him he says he does not know what I’m complaining about.
That’s unfair, don’t you think?
In relationships, people are supposed to grow together. If he has a new job, it shouldn’t necessarily mean that that is all he talks about, or that your relationship should suffer – not without a previous discussion, anyway.
There are a couple of methods you could use to have a healthier partnership.
1. You could tell him that it is unfair of him to invalidate your complaint, even if he doesn’t agree with it. If you’re hurt, what matters is not that he understands it, but that he at least acknowledge it. He doesn’t have to get it to do better, as long as it is bothering you.
2. Maybe you could find some sort of activity to do as well (not like a new job, but like a new hobby) so that you don’t feel the pinch of his lack of affection as much. See what happens if you kindly tell him that his job sounds great, but could you talk about something else on the occasions where you do hang out, because you value your time with him and don’t want to waste it talking about work?
Keep the channels of communication open, so that what is important to you is clear, and what he considers important (his work) is also addressed and kept in the mix.
Search efforts following Wednesday night’s dam disaster at Solai in Nakuru County were scaled down on Saturday after the government announced that all people reported missing had been accounted for.
Rift Valley regional coordinator Mongo Chimwaga said that all the 40 who had been listed as missing were accounted for after tallying was done based on the number of bodies in mortuaries and information from relatives.
Mr Chimwaga said the search and rescue team would reduce its operations to concentrate on the displaced families and the dams.
A breakdown given by Mr Chimwaga stated that two names had been repeated on the list of the 40 persons reported as missing, leaving a total of 38 missing persons.
A physical identification in the camp conducted yesterday identified 16 persons earlier listed as missing, leaving a balance of 22 on the list of missing persons.
“Cross-checking of the remaining 22 was done in the two mortuaries and 21 were positively identified by relatives, leaving one person on the list of missing persons,” he explained.
The last person, identified as James Kemer, had run to neighbours during the tragedy, according to the administrator.
Kenya Defence Forces soldiers search for bodies on May 12, 2018. PHOTO | AYUB MUIYURO | NATION MEDIA GROUP
“This means all the 40 missing persons have been accounted for,” the statement concluded.
In an earlier interview with the Nation, he said there was surplus of foodstuff and bedding.
“We require building materials now. The food has come in plenty. We require that Kenyans either shift to either the M-Pesa Red Cross Pay Bill number or on building materials so that at the end, the affected can get a place to go to so that we don’t have a protracted camp of displaced people,” he said.
Mr Chimwaga spoke against the backdrop of massive donations that had come from corporates and individuals.
Private organisations, civil society groups and Kenyans of goodwill have been donating foodstuffs and other basic needs to the victims in the last three days.
Solai area assistant County Commissioner Vicky Munyasia, who has been in charge of receiving donations from well-wishers, said they had received huge support from Kenyans across the country.
According to Ms Munyasia, the victims are able to forget some of their problems thanks to the continuous flow of donations.
“We are actually overwhelmed by the generous response from Kenyans who have donated enough foods, clothing and bedding to the families,” said Ms Munyasia.
Meanwhile, survivors in the areas hard hit by the tragedy were yesterday working hard to rebuild what they could, only that in most areas, the soil where works are done had been washed away, leaving bare rock.
A few residents at Energy village were seen collecting poles, roofs and a few belongings that were left behind by the raging waters.
At the same time, civil society continued piling pressure on the government to prosecute whoever was responsible for the accident.
The Centre for Justice and Governance and Environmental Action, in a statement, asked the Director of Public Prosecutions to “find personal culpability with the officers who approve such dams and other destructive projects”.
“The State is mandated to oversee the protection of the environment under the Environmental Management and Coordination Act,” said the organisation’s executive director Phyllis Omido.
By Elvis Ondieki, Magdaline Wanja and Joseph Openda
Danstan Makabwa is still struggling to come to terms with the loss of his son, Brian Chacha, who was shot dead at a pub in Kisumu on May 10, 2018.
The student, witnesses say, was shot by a chief inspector of police who was off duty after they engaged in a brawl over an unknown issue.
For Mr Makabwa, the bad day began at 7:30pm while at home in Isebania where he also works as a sub-county administrator for Kehancha in Migori County.
He received a call from his brother in-law on his son’s death.
“My son had barely settled in Kisumu after the transfer from the KCA University main campus in Ruaraka, Nairobi. The last I talked to him was on Tuesday after he arrived safely in Kisumu,” said Mr Makabwa.
Brian, the first born of Makabwa’s two children, the other who is a girl, was supposed to resume his Bachelor of Commerce classes at the KCA Kisumu campus on Monday.
To the family, Brian was a smart boy, charming, ambitious and with a bright future. But that is no more, his life nipped in the bud, following a minor altercation in a bar.
His father says he wanted his son, a third-year student, to attend school in Kisumu which is closer to their Migori County home.
Police records indicate the officer, identified as Sebastian Ambani, and who is the Chief Inspector of Operations at Kuria West Police Division, used a Ceska pistol F5963 hand gun to fire at the student, hitting him in the head and stomach.
Kisumu County Commander John Kamau said Mr Ambani was detained pending investigations into the shooting.
“We have arrested the police officer who is suspected to have killed the student. We are carrying out investigations into the matter and he should be presented in court soon,” said Mr Kamau.
The family is now demanding answers over Brian’s fatal shooting.
“It is painful to lose a son in an unclear circumstances. I called for the transfer to have my son closer. He has never had any criminal record that would warrant him being hunted by the police,” Mr Makabwa said.
He said he was informed that his son had accidentally stepped on a patron, a man who works in a slaughterhouse nearby, and an argument ensued in the bar.
“The police officer took my son’s phone after shooting him. We have tried to trace it in vain. The police are reluctant give us any information,” said Mr Makabwa.
Eye witnesses recount that the officer walked out of the bar after snatching the phone from Brian, already badly injured by the first bullet. He returned to fire the final bullet into the student’s head.
“Seeing my son in pain and reaching out for his phone, the officer again shot him in the head,” he claimed.
Family pathologist Isiaba Ndibire, who briefed journalists after the post-mortem at Jaramogi Odinga Oginga Teaching and Referral Hospital Mortuary, said the student died after the bullets raptured his key organs.
“The first bullet to the chest caused severe damage to the heart, lungs and liver. The second bullet was to the head and damaged the brain. The shooting was at close range,” he said.
The autopsy was also attended by a government pathologist and a family doctor.
Kenya University Student Organisation chief strategist Alex Ndegwa said such kind of police brutality has no place in Kenya.
“We are calling on the Cabinet Secretary of Interior Security, Independent Police Oversight Authority, the Director of Public Prosecutions and all human rights organisations to intervene and ensure justice is served for Comrade Brian Chacha,” said Mr Ndegwa yesterday.
The National Youth Service (NYS) has been hit by a new Sh10.5 billion scandal, dealing a fresh blow to President Uhuru Kenyatta’s fight against corruption.
The money was allegedly siphoned from the institution in the last three years, according to multiple sources, in a well-orchestrated scheme involving senior government officials and ghost suppliers.
The Directorate of Criminal Investigations (DCI) instituted investigations late last year and its findings reveal a trail of plundering of hard-earned taxpayers’ money.
The Director of Public Prosecutions, Mr Noordin Haji, on Saturday confirmed that his office was engaged in the NYS issue and investigations were ongoing.
“The matter involves many people, some of them very senior. We’re part of a multi-agency team,” he said.
Mr Haji said the theft involved payment of pending bills, adding that his main mandate was to ensure that the law is applied properly to seal any loopholes in investigations and possible prosecution.
“We have a new way of working on corruption cases to ensure that all gaps are sealed before we move to court, including holding pre-trial conferences,” the DPP said.
Sources told the Nation that as many as 41 people, whom the DCI has said should be held criminally responsible for the systematic looting, face arrest.
Among those said to have recorded statements is a senior ministry official as well as a top man at the NYS headquarters.
NYS Director-General Richard Ndubai confirmed that detectives have been interrogating some of his staff in recent weeks.
“It is true CID camped here (NYS Thika road headquarters); they have been investigating, but I can’t tell what exactly it is, but they took vouchers from 2011 to last month,” he said.
On double payments, he said: “I don’t know about Ifmis (Integrated Financial Management Information System). I do not deal with it.”
However, he wondered how Sh10 billion could be siphoned out without raising a red flag.
Ms Sicily Kariuki was the Cabinet Secretary in charge of Youth Affairs while Ms Lillian Omollo was the Principal Secretary from November 2015 when Ms Anne Waiguru (then the CS) stepped down following pressure over that year’s NYS scandal.
Ms Kariuki was moved to the Health ministry when President Kenyatta named his second term Cabinet this year while Ms Omollo remained in her old docket.
Ms Margaret Kobia is the new CS in charge of Youth Affairs. Ms Kobia did not respond to our inquiries.
According to our sources, the new scandal may have been made possible after the government failed to get rid of middle-level civil servants when it made changes in the ministry of Youth and the NYS in 2015.
The plundering of NYS money involved paying ghost suppliers at the expense of genuine ones and also ghost suppliers getting double payments using the Ifmis.
The revelations pose a stern test to new DCI boss George Kinoti and Mr Haji after their predecessors failed to secure convictions over the previous Sh791 million NYS scandal.
According to some of the suppliers who requested anonymity to safeguard their relations with NYS, the ground work for the current mess started when NYS was expanded in 2013 and got involved in multiple projects across the country.
Since the top management was under pressure to complete many projects including the Nairobi slums upgrade, procurement processes were sidestepped and merchants were asked to supply goods within a short time.
Suppliers were promised that paperwork would be done later. Once goods were supplied, a merchant was only left with a delivery note showing they had indeed delivered supplies.
The cat and mouse chase so that the process would be documented would then start. When the previous NYS scandal hit the news in 2015, most of the merchants who had done genuine work had not been paid. Unscrupulous middle-level NYS officials then ensured new companies laid claim to the supplied goods and got paid, leaving out genuine suppliers holding delivery notes.
In the past three weeks, as the enormity of investigations by the DCI fell on NYS officials, genuine suppliers started receiving letters explaining why they had not been paid.
Some of the letters seen by the Nation show NYS explaining why a particular LPO was not paid because, for example, it did not have a certain signature, or because there were no minutes to approve payment. Curiously, no letter has been written denying that a supplier did delivered goods.
But the most blatant siphoning of money is at Ifmis level where a company would receive an amount due to it twice within a span of minutes. Ifmis is a system of payments operated from the Treasury.
If Mr Haji approves the prosecution of those already recommended by Mr Kinoti, the two will be under pressure to deliver where their predecessors, Mr Keriako Tobiko and Mr Ndegwa Muhoro respectively failed.
In March, after three years of trial, a Nairobi court acquitted former Devolution PS Peter Mangiti and 23 others accused of conspiracy to steal from the NYS.
Also acquitted of charges of conspiracy to commit economic crimes were Mr Hassan Noor Hassan, Mr Adan Gedow Harakhe and others who had been accused of unlawful disposal of public funds.
Chief Magistrate Kennedy Bidali, while acquitting them, said the prosecution failed to table sufficient evidence to prove that, indeed, there was conspiracy to commit a crime. The court further said the witnesses who testified exonerated the accused persons instead of implicating them.
The casualties of the 2015 scandal included current Kirinyaga governor, Ms Waiguru, and the then head of NYS Dr Nelson Githinji.
The latest scandal comes months after the President made sweeping changes at investigations and prosecution departments of the government.
Also, the revelations come days after President Kenyatta, yet again, talked tough on corruption.
Addressing the 8th Presidential Round Table Forum at State House, which brings together government and partners from the private sector under the umbrella of the Kenya Private Sector Alliance on Thursday, President Kenyatta spoke strongly against corruption, saying the vice had the potential to undermine his Big Four agenda and destroy the country.
“We must address the real elephant in the room. We must say enough is enough for the country to move forward,” said the President.
The President called for a multi-sectoral approach to deal with corruption incorporating the private and public sectors as well as the Judiciary and the Legislature. “I have had an opportunity to work with wonderful and dedicated men and women full of integrity. But some are not prepared to change,” he said.
The another NYS scandal dominated much of Jubilee’s first term and the government will be hard pressed to ensure there are convictions this time around.
In light of an article in last week’s the Sunday Nation by Gitau Warigi (“Youths must pull themselves up by the bootstraps, not by waiting for handouts”) I wish to comment as follows.
The writer begins by expressing his discomfort with the notion that young people are entitled to positions for belonging to an amorphous group called the youth. He anchors this by quoting Senator Johnson Sakaja who is upset because the youths were left out of the 14-member ‘handshake’ team. He states that “leadership should not be given out in a manner you hand sweets to children.” The writer misses the point.
Political leadership in Kenya has unfortunately been conceived, nurtured and birthed in political and tribal violence, with youths being enablers. It is only fair then, that they get a chance to sit at this handshake table. That is not entitlement; it falls within the constitutional principles of representation.
The writer then questions what the so-called young leaders have done, citing people like Babu Owino and Mike Sonko. Surely, to conclude that young people, who form a majority of the population, are a sum total of a few individuals is an insult that deserves an apology.
We cannot keep on dismissing young people as not being different when given positions of influence. Young people must be given a chance to fall and rise a million times before their efforts are sneered at
He then terms it as a “mistaken approach” to seek the inclusion of young in our flawed National Leadership. In so doing, he hopes to help our duty bearers escape from their constitutional mandate of ensuring progressive growth — both short and long term — of our affirmative action groups, especially the youths.
He attempts to justify the above assertions, by hiding behind Dr Wandia Njoya’s tweet. Dr Njoya says that young people should not expect to get space by merely replacing others, but by creating their own opportunities. And she is right. We the young people need to increase survival options, to supplement the already available opportunities and spaces. This attempt to dismiss young people by hiding behind a well meaning tweet must fail because the writer is not objective from the beginning.
He struggles to admit that young people can lead the way with their interesting ideas and solutions. This, he confirms, by announcing that the young have not yet formed a critical mass, but are still “idling in amorphous groups”. He then advises the young people on what to do — by proving ourselves, achieving and taking control. But this is all we have been doing yet most county and national opportunities that young people apply for are up for sale and that our 8-4-4 achievements seem to not matter anymore and that most youth empowerment initiatives led by young people, especially in the rural areas, are met with suspicion and profiling.
However, I agree that government funds and procurement opportunities are good ideas but only available for the few at the expense of the many.
In conclusion, we must not sentence young people without a fair trial!
The writer is a Volunteer Youth Governor, Nyeri County
As President Uhuru Kenyatta launched the national tree planting drive in Nairobi on Saturday, various Cabinet Secretaries and other government officials were in different parts of the country doing the same.
The President, while launching the campaign at the Moi Forces Academy in Nairobi, urged Nairobi Governor Mike Sonko to clean up the city especially by ensuring garbage, that has become an eyesore, is collected.
“This is not something difficult. The garbage must be cleared so that city residents live comfortably. Sonko should do it so that by the time he leaves office, he will say I did it,” President Kenyatta told Mr Sonko who was in attendance.
Earlier a protocol hitch had almost disrupted the ceremony when Environment Cabinet Secretary Keriako Tobiko, after making his remarks, invited Deputy President William Ruto to the podium, bypassing Mr Sonko.
Mr Sonko, however, sprung from his seat and said: “I am here as the governor of Nairobi and I want to tell you, Mr President, that my administration recognises and respects your leadership,” Mr Sonko.
During the event, President Kenyatta announced that the government has set aside Sh1 billion to cater for the needs of flood victims. “Even as we plant trees, I begin on a sombre note. Many Kenyans have lost their lives while others have been displaced as a result of floods. The cases in Tana River and Nakuru are very distressing,” President Kenyatta said.
The amount is on top of the Sh1.5 billion budget allocated to disaster management in the current financial year. The funds will be managed by the Kenya Red Cross.
Rebecca Wanjiru plants a tree at Naromoru Forest in Mt Kenya on May 12, 2018. ICT CS Joe Mucheru and Nyeri Deputy Governor graced the event. PHOTO | JOSEPH KANYI | NATION MEDIA GROUP
The president also announced the establishment of the Presidential Environment Award Scheme that will go towards recognising individuals who have made tremendous contribution in the management and conservation of environment. The government targets at least 1.8 billion trees by 2022.
In Kakamega, the Kenya Forest Service (KFS) launched a drive that will see 16.8 million seedlings planted by 2022 and increase the tree cover to 900 hectares.
KFS partnered with residents, schools, the local administration and the Kenya Agricultural and Livestock Research Organisation during the exercise that was conducted in Kakamega, Bungoma, Busia and Vihiga counties. Sports Cabinet Secretary Rashid Echesa, who officiated the launch at Shamiloli in the vast Kakamega forest that has suffered massive destruction, said the move will go a long way in protecting the environment.
“This is our forest and we have to protect it. The government will ensure that the environment is protected,” said Mr Echesa when 8,000 seedlings were planted on a five-hectare land deforested in the rain forest.
KFS Head of Western Conservancy John Wachihi said his organisation was engaged in a tree planting and conservation drive.
Mr Wachihi said of the 16.8 million seedlings to be planted in western Kenya, 14.8 million will be planted in the forest land while two million will be distributed to farmers.
Mombasa Governor Hassan Joho (in cap) and Senator Mohamed Faki plant a tree at Shimo la Tewa Primary School in the county, yesterday. in this photo taken on 12th May 2018. PHOTO | KEVIN ODIT | NATION MEDIA GROUP
Devolution Cabinet Secretary Eugene Wamalwa was in Homa Bay at Kodera forest in Rachuonyo. He was accompanied by area governor Cyprian Awiti, woman representative Gladys Wanga, Karachuonyo MP Adipo Okuome, Kieni MP Kanini Kega and Homa Bay Environment minister Dickson Nyawinda for a tree planting.
“Forest cover is crucial in the management of the environment and this is the only way to boost the amount of rainfall in Kenya,” said the CS.
Lands CS Faridah Karoney was in Kabunyeria, Mosop constituency, where she was accompanied by Nandi Governor Stephen Sang. Her Energy counterpart Charles Keter was in Kericho in the national drive to increase Kenya’s forest cover from the current 7.2 per cent to surpass the 10 per cent internationally accepted standards.
In Makueni, county commissioner Mohammed Maalim, the county’s Devolution and Lands ministers Joshua Kaloi and Joshua Wambua said trees planted along water ways check flooding.
They spoke at Matinga Dam site where some 3,000 seedlings were planted. “We need to grow trees around dams and along water ways to stabilise the water sources and avert disasters,” said Ms Mary Mbenge, an environmentalist and the chief officer at the county’s Environment and Climate Change department.
Reports by Derick Luvega, Pius Maundu, Barrack Oduor and David Mwere
There is no denying that Deputy President William Samoei Ruto has the most realistic chance of succeeding President Uhuru Kenyatta as Kenya’s fifth President in 2022.
But he has several impediments to circumvent, including a likely collision with his boss, which could prove politically fatal.
Despite being a front-runner, the DP’s supporters are lately restless. They have kicked off premature presidential campaigns, clearly in disregard to the President’s repeated appeal against politicking.
Some legislators from Rift Valley have reportedly even given the President an ultimatum to state whether or not he will back his deputy’s 2022 presidential bid.
The Nation has established that two days before his presidential victory was voided by the Supreme Court last year, President Kenyatta hosted a Jubilee Parliamentary Group meeting at State House where he stressed that his legacy was going to be priority of his focus during his last term.
Multiple sources at the meeting have reliably confirmed to the Nation that the President firmly stated he “will not allow anything to stand in the way of his legacy agenda”.
The President is said to have directly instructed all the legislators to avoid politicking for the next four years to secure his legacy agenda.
“He then stated categorically that he will fight back very hard against any such efforts. And he said all these in the presence of the DP,” recalls a Jubilee allied legislator from Kakamega County.
But Nyeri Town legislator, Mr Ngunjiri Wambugu, who last week excited the social media with a widely circulated “watajua hawajui (they will discover they are unaware)” tweet warning a section of MPs against giving the President ultimatums to declare support for Ruto’s 2022 presidential bid, is unguarded about the subject.
Mr Wambugu concurs with the legislator that the President indeed asked for “four years of calm and stability”.
According to the MP, the President is willing to do anything to get political calm in the next four years.
If Mr Wambugu is to be believed, this is probably part of the persuasions behind the “golden handshake” with Opposition leader, Raila Odinga.
The President, says Mr Wambugu, is also quite clear that he will not be held hostage by 2022 politics. The MP points out that the President repeated these very words on the Harambee House steps during his handshake with Mr Odinga.
“So these campaigns by Ruto’s people are essentially setting the DP up for a conflict with Uhuru’s system. They are unwise and non-strategic because in such a conflict, a President in his final term has nothing to lose,” argues Wambugu.
But Kericho Senator Aaron Cheruyiot disagrees with Wambugu over the four year politicking ban, claiming it gives unfair advantage to Jubilee’s political rivals, especially the ODM leader.
“Judging from his political activities and pronouncements of his allies, it is now clear that Raila will be running for presidency 2022 and wants to use the opportunity of the handshake to play politics. So why can’t we, as Jubilee leaders, be allowed to do the same?”
What has irked insiders in the President’s camp, is the so-called ultimatum some MPs from Rift Valley allegedly issued to Mr Kenyatta, requiring him to make known his decision on his deputy’s 2022 presidential bid.
Belgut MP Nelson Koech was quoted by sections of the media asking the President “to come out and reassure Rift Valley that the handshake has nothing to do with the 2022 election and will not disrupt the Ruto presidency deal”.
Political analyst, Prof Peter Kagwanja, says Mr Odinga has upped the ante by heightening the scramble for “Kenyatta” (and by extension Mount Kenya communities).
Despite the DP enjoying support of elected MPs, governors and senators, Kagwanja observes that the high casualty rate of elected leaders in the region (going by the 2017 count) makes him vulnerable for political sabotage.
Separately, former Cabinet Minister, Prof Amukowa Anangwe, opines that the handshake may have been initiated by Mr Kenyatta’s strategists to achieve two purposes – for the President to team up with Odinga to neutralize Ruto and extinguish the latter’s presidential ambition in 2022 and/or to weaken Mr Odinga politically by “turning him into a Jubilee surrogate that will alienate his traditional political constituency which thrives on anti-Kikuyu sentiments”.
Almost a month to the date when they read a joint statement announcing their resignation from the Independent Electoral and Boundaries Commission (IEBC), it is still not clear whether the three commissioners have indeed resigned.
The failure by President Uhuru Kenyatta who is the appointing authority to declare vacancies following the resignations is leaving questions whether he had accepted the resignations or not.
Without the gazettement, it is also giving room to speculation that the three commissioners, vice-chairperson Consolata Maina and commissioners Margaret Mwachanya and Paul Kurgat are technically still in office and drawing salaries and other benefits that come with the office of an IEBC commissioner.
The commission on Saturday said it has not seen any evidence that the three indeed resigned. However, the three commissioners have sworn separate affidavits in which they assert that they have resigned and are not receiving any salary, in a case in which activist Okiya Omtatah seeks to block Parliament from sending home the remaining commissioners.
Adding to the confusion, IEBC told the Nation that the three commissioners started clearing with the commission last week.
“The commission has not received any evidence of their resignation to date. However, we have seen copies of sworn affidavits they submitted to courts indicating they have resigned,” the communication manager Andrew Limo said.
But Ms Maina said the law requires them to resign to the president, “and so the letters are submitted to the president”.
“Who is the appointing authority? If it is the President, then where is the problem?” she said.
Mr Limo, in response to whether the three commissioners have returned any commission property that had been in their possession by virtue of their offices such as motor vehicles, said the three commissioners had started clearing.
“The clearance process was initiated last week and is still ongoing. Records will be reconciled to ascertain compliance on the same,” said Mr Limo.
But Ms Maina said they had completed the clearance. “We have done everything we need to do,” she told the Nation.
Saturday, Amani National Congress (ANC) leader Musalia Mudavadi called on Ms Maina, Dr Kurgat and Ms Mwachanya to end the confusion and formally tender their resignations.
He also called for a clean-up of the commission to rid it of the remaining officials and members of the secretariat who have caused the current mess at IEBC.
“There is a tug of war between the secretariat and the commissioners. There is urgent need to clean up the mess in the IEBC. We demand that President Kenyatta provide leadership and get the commission back on its feet,” said Mr Mudavadi.
Ms Maina, Dr Kurgat and Ms Mwachanya on April 16 announced their resignation from IEBC citing lack of confidence in the chairman Wafula Chebukati’s leadership.
This came after IEBC had sent on compulsory leave the CEO Ezra Chiloba to allow for “a comprehensive audit of all major procurements relating to the 2017 general and fresh presidential elections”.
The commission says there is “tremendous progress” with the audit and remains hopeful that it will be completed within the three-month deadline.
Mr Chiloba moved to court to challenge the decision and the matter is still pending. Mr Chiloba’s case is different from the one by Mr Omtatah.
Three days ago, Mr Chebukati asked the government to stop the salaries of the three commissioners – which are paid directly from the Consolidated Fund.
According to IEBC, the absence of the three commissioners from office for more than a month “would certainly be construed to mean desertion from duty or vacation of office” if not for their sworn affidavits in the case by Mr Omtatah.
As the uncertainty surrounding the resignation of the three commissioners persists, IEBC also admitted that the lack of quorum was affecting the commission’s operations as the remaining commissioners can no longer enact new policy decisions.
“A number of resolutions, which had been passed before the resignations, are in the process of being implemented by the secretariat with the required oversight. However, enacting new policy decisions would require a quorum of five which we currently don’t have. It should be noted that most tasks are administrative and procedural and the oversight of the chairman and the two commissioners is sufficient,” said Mr Limo.
Among the policy decisions the commission was fortunate enough to pass before the quorum hitch involved the post-election evaluation, which is a requirement of law after every election.
The outcome of the evaluation should inform legal, policy and institutional reforms as well as formulation of strategies going forward and marks the beginning of a new electoral cycle.
“The exercise and related budget was approved prior to the resignations of the said commissioners and what is ongoing is the implementation,” said Mr Limo.
As required by law, the commission is supposed to submit the final post-election evaluation report to Parliament, among other institutions and individuals.
Details of the latest transfers of 515 principals of secondary schools across the country can now be revealed.
The transfers by the Teachers Service Commission (TSC) were done late last month and those who were moved have since settled at their new schools.
The transfers affected several Kenya Union of Post Primary Education Teachers (Kuppet), Kenya National Union of Teachers (Knut), Kenya Secondary School Heads Association (Kessha) and Kenya Primary School Heads Association (Kepsha) officials.
Knut had 82 of its branch officials moved to new stations, a move that attracted protests from the union.
The unions and associations will now have to go back to the drawing board and conduct elections to replace transferred officials since some were moved outside their counties.
Kessha chairman Kahi Indimuli confirmed that several officials of the association were moved while Kepsha has since suspended elections of new officials as a result of delocalisation.
“There shall be no election at any level of Kepsha leadership as a result of the ongoing delocalisation of head teachers until advised by the national election board,” said chairman Shem Ndolo.
Mr Ndolo went on: “The current office bearers shall remain authorised signatories and accounting officers of Kepsha at their respective offices and levels until advised by the national office.”
A total of 197 principals of county boys schools were transferred while 169 in girls’ schools were also moved.
At sub-county schools, 108 heads were moved while four heads of tertiary institutions were transferred and two heads exchanged schools.
TSC also dropped four heads of institutions due to assessment reports while five were dropped due to poor performance in the Kenya Certificate of Secondary Education (KCSE) examination over the last three years.
In Kwale County, five secondary school principals of Kinango Secondary, Lukore Secondary, Kwale Girls, Msambweni Secondary and Kingwede Girls were transferred.
Mrs Bahati Gatana, the principal Kwale Girls, was transferred to Mbitini Girls in Kitui County, while Mr Salim Mwakijana of Lukore Secondary was posted to Mvita Secondary in Mombasa County.
Others included Mr George Kihoro of Kinango Secondary moved to Dzitsoni Secondary in Kilifi County while his counterpart of Msambweni Secondary School, Mr Juma Bora, was posted to Dr Krapf Secondary in the same county.
Mrs Peninah Mwinyi of Kingwede Girls was transferred to Kakoneni Girls in Kilifi county.
Mr Chales Limo, Kessha representative and who was the head at St Michael Kiposomba secondary school in Uasin Gishu, was moved to the neighbouring Nandi County.
Mr Monyancha Jared Moturi, who was the deputy principal at Nyabururu Girls National School in Kisii County, was appointed principal of St Thomas Moore Secondary School in the neighbouring Nyamira County.
However, the TSC has on several occasions defended delocalisation saying it aims to promote national integration. Also affected by the transfers are teachers who had overstayed in one station for more than nine years.
“The transfers are made in public interest as well as in the best interest of individual teachers,” said TSC.
In 2017, 346 principals of secondary schools were transferred, 246 in 2016 and 495 in 2015.
The transfers are in line with the provisions in the Code of Regulations for Teachers and Collective Bargaining Agreements (CBAs) signed between TSC and teachers’ unions.
Regulation 70(8) of the Code of Regulation for Teachers, also states that, “In undertaking deployment, the commission shall endeavour to delocalise the administration of public institutions.”
At the same time, all institutional administrators will now be required to comply with Chapter Six of the Constitution.
TSC has directed head teachers, deputy head teachers and senior teachers to submit the necessary documents by May 25.
The documents include a certificate of good conduct, clearance from Higher Education Loans Board (Helb), a self-declaration form from the Ethics and Anti-corruption Commission and a clearance certificate from a Credit Reference Bureau.
Reports by Ouma Wanzala, George Sayagie, Philip Muyanga, Fadhili Fredrick, Ndung’u Gachane, Sarah Mathenge, Eric Wainaina, Victor Raballa and Ruth Mbula.
Eight months to President Jomo Kenyatta’s death in 1978, he hosted a delegation of senior clergymen at his Gatundu home, at their request.
With the President at 89 and failing in health, the issue of his succession had got to a fever-pitch point. The Rev John Gatu, who died last year, would tell me years later: “We had requested to have an audience with the President when he was all alone.”
Seated with the old man, they went straight to the point. They told him the country was rightly concerned and confused about the succession.
Without hesitation, Rev Gatu recalled, Old Jomo replied: “We long decided it’d be (Daniel) Moi. I would have told you that earlier had you asked.”
Rev Gatu told me that although Mr Moi had been Vice-President for 11 years, the seers’ star was still dark on whether he’d be the next president.
Hardly two years earlier, people close to Mzee Kenyatta had unsuccessfully conspired to have deleted the constitutional clause that stated the vice-president would take over for 90 days in the event of death or incapacitation of the sitting president. The move failed but anti-Moi forces continued plotting.
The most intriguing thing was that Mr Moi himself had never openly shown ambition, less so displayed capacity to take battle to anybody’s door step.
He was deceptively a doormat for anybody to step on, politician John Keen once told me. Mr Moi was “hardly impressive, less so forceful” when Mr Keen first met him in 1955.
But in a conversation I had with Sir Michael Blundell, a prominent white settler, the description of Mr Moi was that of a quietly lethal politician — a “cold fire that burned”.
When the British were laying exit plans and granting of independence to Kenya, Mr Moi was the man their spy networks identified as the trusted pair of hands to have in a key position after independence.
GOOD WORKING RELATIONSHIPS
One, he came from the Rift Valley where the British settlers had the most entrenched interests. Secondly, he believed in the “empire” as the Brits used to brag those days. So anglicised was Mr Moi that he named his twin third born children, Elizabeth Doris and Philip, the names of the British Queen and her husband.
Sir Blundell was the man picked by the British intelligence to spearhead machinations that created good working relations between Mr Moi and Mzee Kenyatta. The first move was to have Mr Moi initiate dissolution of the opposition party Kadu to join Mzee Kenyatta’s Kanu.
Mr Moi’s reward was appointment to the key ministerial docket of Home Affairs. It was there where the US intelligence would “discover” Mr Moi. As the man in charge of the immigration docket, the minister came in handy in humiliating Kenyan-based Eastern bloc diplomats and journalists who he often expelled from the country at the slightest provocation, real and imagined.
In September 1966, Vice- President Joseph Murumbi suddenly resigned after only four months in the job. He’d taken over from the first Vice-President Jaramogi Oginga Odinga. Mr Murumbi’s resignation was officially attributed to ill-health but the truth of the matter is that he had found the heat too much for his continued stay in the kitchen of power.
For four months, Kenya had no vice-president as Mzee Kenyatta agonised on who to give the job — and, by extension, be the strongest possible successor to the President.
Just before Christmas, Mzee Kenyatta went for a “working holiday” in central Rift, spending a night with close aides at the Kericho Tea Hotel. On his way back to Nairobi, he told Attorney- General Charles Njonjo who rode with him in the presidential limousine: “I have decided we give the job to Moi.”
On arrival at Nairobi State House, the President asked that Mr Moi be put on the line: “You’re now Mr Vice-President. Come to State House tomorrow morning to be sworn in.” And it was done. The untold story is the darkroom lobbying that attended Mr Moi’s appointment.
Secret meetings had been taking place at the Muthaiga home of a British Kenyan, Sir Marlin Sorsbie, who was the chairman of the East African Association.
The meetings were chaired by a British member of Mzee Kenyatta’s cabinet, Bruce Mckenzie, who, years later, would be uncovered to have been an agent of the British and Israeli spy agencies.
The Muthaiga meetings had agreed that all the stops be pulled out to ensure Mr Moi was appointed Vice-President, which automatically placed him at the pole position to take over after Kenyatta.
In the meantime, Americans, too, had acquired a keen interest in Mr Moi. At independence, their pointman in the Kenya government had been Cabinet Minister Tom Mboya.
However, Mr Mboya’s shine in the White House had paled upon the 1963 assassination of his friend, US President John Kennedy. The new President, Lyndon Johnson, had never been a fan of the Kennedys and was eager to replace their allies. In Kenya, the axe fell on Mr Mboya. Mr Moi was their new darling. In any case, Mr Moi was useful as Home Affairs minister.
But one man led a group that was determined that Mr Moi should never be President. He was Dr Njoroge Mungai, a powerful Cabinet Minister. He wasn’t just another member of the cabinet. He held the powerful docket of Minister for Defence and later Foreign Affairs. Besides, he was Mzee Kenyatta’s first cousin and his personal medical doctor.
His ambition to one day be president was so consuming that he had constructed a palatial home and a jukwaa ya rais (presidential dais) at his private home along the Nairobi-Nakuru highway.
Whenever his dreams overwhelmed his reasoning faculties, he would take a bottle of champagne to Parliament members’ bar and ask bewildered MPs to toast to his coming presidency.
To cut his ties with Mzee Kenyatta, the intelligence prepared an explosive dossier on his dark life. The President’s senior bodyguard, one Wanyoike Thungu, would years later tell me that on reading the secret file on Dr Mungai, the President was so mad, he told him: “Make sure that man will only come here (State House) on appointment.”
With his direct pass to State House cut, Moi’s allies punched hard. In one of the most surprising upsets of the 1974 General Election, Dr Mungai lost his parliamentary seat, effectively losing his slot in the Cabinet. But he continued with his anti-Moi plot. He was the key mover of the 1976 change-the-constitution movement that sought to bar the vice-president from automatic ascension to power in Kenyatta’s absence.
An untold story is that Dr Mungai went out of his way to enlist the support of the most unlikely person in his anti-Moi campaign — Jaramogi Oginga Odinga, who had been in political Siberia after his fallout with his friend, President Kenyatta.
The odd thing in the new alliance Dr Mungai sought is that he had played a great role in having Jaramogi put on political ice. Mzee Kenyatta’s bodyguard told me that it is Dr Mungai who ordered presidential guards to use live bullets on charged mobs during the Kenyatta-Odinga confrontation in Kisumu in 1969.
Then Coast provincial commissioner Eliud Mahihu told me, too, that Dr Mungai had secretly arranged that Jaramogi show up at a public rally addressed by the change-the-constitution lobby in Mombasa, but the intelligence moved fast to inform the President and Dr Mungai’s plans were scuttled.
Next, Dr Mungai arranged a secret meeting between the President’s top aide and Jaramogi, but intelligence too got wind of it. Fed up with Dr Mungai’s antics, Mzee Kenyatta banned any further activities by the change-the-constitution lobby.
But Dr Mungai never gave up until the very last day. A Kenyatta Cabinet minister, Dr Munyua Waiyaki, told me that on the day Mzee Kenyatta died, Dr Mungai tried to lobby a section of the Cabinet to decline to sign a resolution requisite for the vice- president to be sworn in as acting president.
Though the Constitution stated that the vice-president takes over for 90 days, there was a rider that if for any reason, which included lack of endorsement from the Cabinet, the vice-president couldn’t take over, the ministers would pick another member of the Cabinet in the interim period. But Dr Mungai’s efforts failed, yet again.
The jukwaa ya rais he had constructed at his home was finally buried by shrubbery. The champagne to his presidency was never toasted.