Tuesday, November 6th, 2018
Some 35 suspects, including former Youth and Gender Principal Secretary (PS) Lilian Omollo and three companies will plead to fresh charges in relation to the loss of Sh167.7 million at the National Youth Service (NYS).
Appearing before Senior Principal Magistrate Lucas Onyina on Tuesday, the prosecution said they have amended some charges and consolidated the cases against the accused persons.
The prosecution also said it will be dropping charges against some accused persons including Mr Rodgers Nzioka, a former head of mechanic transport branch procurement.
However, his lawyer, Mr Assa Nyakundi, said he will oppose the withdrawal of the charges under section 87(a) of criminal procedure code, which means they can be arrested in future.
The magistrate directed the parties to appear before him on November 30, when they will canvass all the issues they had raised.
In the new development, Ms Omollo, former NYS Director General Richard Ndubai, and 28 former public officials, are accused of conspiracy to commit an economic crime by allowing the payment of Sh167,715,700 to three companies including Firstling Limited, Kunjiwa Enterprises and Ameritrade Limited.
Among the charges Ms Omollo will face are three counts of abuse of office and wilful failure to comply with procedures and guidelines relating to management of public funds.
She is alleged to have authorised the payment of Sh115 million to Firstling Supplies, approving the payment of Sh28.7 million to Ameritrade and payment of Sh23.4 million to Kunjiwa enterprises.
The directors of Firstling and Kunjiwa are accused of fraudulent acquisition of public funds. The accountants Isaiah Chapia, Keziah Wanjugu, Timothy Kiplagat and Jackson Juma are accused of false accounting.
Kenya seeks to spur economic growth and development through the ‘Big Four’ agenda. When a country seeks to spur manufacturing output to Sh2,235 billion in five years, it becomes necessary for all of us to make our contributions felt.
It is expected that goods worth Sh1,805 billion should be exported by 2022 to enable the country to attain the surplus trade needed to enhance its foreign exchange reserve. Kenya has access to markets in the EAC, Comesa, US and EU worth Shs2.9 trillion, which Kenyans can explore. One of the historical truths on economic and industrial transformation is that the citizens rally behind their leaders, and contribute to development.
Sometimes in the initial stages of industrialisation they pay a higher cost as competitiveness is created. While the government works to open markets, create local opportunities for economic transformation, including expanding infrastructure, access to government procurement opportunity (Agpo), the people need to increase their contributions by working hard, differently, and being a part of economic transformation in large numbers.
The recent engagements by President Uhuru Kenyatta and his American counterpart, Mr Donald Trump, UK Prime Minister Theresa May and Chinese President Xi Jinping are a strategic move to elevate the relationship between Kenya and these countries to expand trade and investment.
The commitment by these leaders to enhancing the economic partnership involves their governments’ support to key projects for trade and investment development. With market access milestones achieved in these markets, Kenyans should take up the numerous export opportunities. Combined market potential of China, the United Kingdom and the United States is 1,799 billion people.
A single African market would make the continent a more attractive investment destination for foreign direct investors, since the Africa Continental Free Trade Area (AfCFTA) would mean that an investor would potentially be able to sell to or invest in the entire African market. The Harmonised Rules of Origin (RoO) and elimination of non-tariff measures such as Sanitary and Phytosanitary measures (SPS) under the AfCFTA will make it easier for foreign direct investment in Kenya and trade both within Africa and into the US, UK and China. To realise the ‘Big 4’ agenda, Kenya needs both local and foreign direct investments. Inclusive growth and development would require more Kenyans to form a pool of domestic direct investors to take advantage of market opportunities presented to us.
Currently, Kenya qualifies for duty free market access until 2025 into the US market under the African Growth and Opportunity Act, but less than 20 Kenyan products qualify for export (includes textiles, apparels, tea, coffee, vegetables and handicrafts). These are few, in relation to over 6,400 Agoa eligible products. The President’s visit to the US and China, and the visit by UK Prime Minister have opened an opportunity for the expansion of the manufacturing sector envisaged in the Big 4 Agenda.
Over the last decade, Kenya’s exports to the UK have been declining characterised by a narrow range of products mostly comprising low value raw or semi-processed products, while imports from UK are diverse high value products. Benefits from the UK market can be drawn through increased diversification of exports of sunrise products such as vegetable dyes, dried vegetables, leather accessories, garments and light manufacturing to increase Kenya’s pounds earnings to augment cash cow exports, including coffee, tea, fresh vegetables and fruits.
The conclusion of the China-Africa Cooperation summit in Beijing highlighted China’s commitment to Africa’s development aspirations. China is an opportunity for Kenya, especially with Chinese renewed interest in the continent through the “One Belt, One Road” initiative, the China International Import Exposition this November, themed “New Era, Shared Future” as well as the high value International Horticulture Exposition in Beijing, beginning April to October next year in China. Kenya and Ghana are among the first countries in Africa to ratify the AfCFTA. To benefit from duty-free markets, the continent needs to grow intra-Africa trade to between 50 and 60 per cent to compete effectively with the growing Chinese influence.
Agriculture and Irrigation Cabinet Secretary Mwangi Kiunjuri has been a man under siege.
Yet in heaping all blame over the maize and fertiliser scandals on the minister, we are engaging in scapegoating.
Mark you, this is not the first maize or fertiliser scandal to happen. The only difference is the scale of the corruption that has been perpetrated.
If you do your calculations from the information being revealed from the papers recently tabled before oversight committees of Parliament, the taxpayer lost more than Sh33 billion in these two scams.
Personally. I am prepared to give Mr Kiunjuri the benefit of the doubt under the following conditions:
First, he must immediately start implementing reforms leading to the dismantling of the National Cereals and Produce Board (NCPB) and to the consigning of this ancient- regime- and- command and- control parastatal to where its peers such as the Maize and Produce Board, the Sugar and Cereals Finance Corporation and the likes of the Kenya National Trading Corporation were dumped.
The NCPB is firmly under the capture of corrupt millers and traders. Whenever corruption cases touching on imports of sugar, maize, rice, wheat or fertiliser erupt, the names of millers and traders are always the same. Indeed, this parastatal has today evolved into the biggest locus for corruption in the agricultural sector.
While he was the chairman of the NCPB briefly in the Mwai Kibaki presidency, Nairobi businessman Jimna Mbaru tried to introduce a system of warehouse receipts. The cartels would not allow a transparent system to take root. Even now, a Warehouse Receipts Bill fronted by an MP is in circulation.
Mr Kiunjuri must take up this proposal and come up with reforms to cut out the NCPB and the whole bureaucracy at the ministry’s headquarters Kilimo House, Nairobi, from participating in procurement of food and fertiliser subsidies.
And, If I were Mr Kiunjuri, I would immediately invite the Office of the Commissioner of Monopolies to investigate restrictive practises by millers and traders in cereals.
I would also task the monopolies commission to investigate concentration of economic power and to recommend how to eliminate the parasitic classes that are always waiting in the wings to make supernormal profits from food shortages.
My mind is still fresh with what happened during the maize scandal of 2010. A well-intentioned maize subsidy programme was turned into a gravy train. Influence peddlers and briefcase commodity traders turned into millionaires overnight.
To play the game, all that a briefcase trader needed was a letter from Kilimo House ordering the NCPB to allocate you a large quantity of subsidised maize. You then sold that same letter to a miller in the secondary market at a handsome consideration. There were instances when briefcase traders were earning as much as Sh500 for every 90kg bag of maize from selling these letters.
Ministers, permanent secretaries, top government officials and MPs all joined the gravy train. Despite the fact that thousands of bags of maize were being poured into the market, consumer prices kept rising. The irony was that some of the prominent players in the shenanigans received political rewards.
Former Fafi MP Bare Shill, who had been mentioned in a PriceWaterHouse investigation as one of the traders who received large allocations of maize, was appointed by Agriculture minister William Ruto as a director of NCPB. And Mr Mohammed Islam of the Mombasa Maize Millers fame was also appointed a director of the NCPB by the minister.
Which leads me to the fertiliser subsidy programme that the government has been running since 2009. Has this made a positive impact on productivity? What has been the impact in terms of market distortions and competitions?
International fertiliser prices are published regularly. If we want to be transparent and to reduce the risk of corruption, why don’t we just allow local manufacturers and to supply? After all we can always compare their prices by benchmarking on international prices?
I read somewhere how Nigeria had for a long time been running a large state-controlled fertiliser subsidy programme. Due to its popularity, they got to a point when the subsidy was consuming 56 per cent of the federal government’s capital spending.
Corruption was widespread and massive diversion of supplies was taking place with middlemen and rent seekers benefiting at the expense of farmers. Subsidised fertiliser was routinely being smuggled to neighbouring countries.
What did they do in Nigeria: They removed the Agriculture ministry and state corporations from handling the procurement of subsidised fertiliser. We must dismantle the NCPB. Urgently.
Police have arrested at least 31 people suspected of involvement in examination irregularities countrywide.
They include 24 teachers, four policemen, a bursar and two photocopiers.
In Kisii, 17 suspects were arrested on Monday after they were found with copies of a chemistry exam paper which was being done at the time. They were caught working out the answers in a house neighbouring the school.
They include a supervisor, seven invigilators and a deputy principal at Monianku Secondary School. All were taken to court and detained in police custody for five more days to allow conclusion of investigations.
At Shamta Academy in Kakamega, six suspects including five teachers were found in a room with examination materials.
They were arrested shortly after the candidates completed the mathematics paper on Monday. It is alleged that the teachers had worked out the questions and were preparing to hand over the answers to the 22 candidates.
It is not clear how the suspects were able to access question papers and photocopy them. It is also puzzling how the question papers that are supposed to be in the custody of school principals ended up with outsiders.
During the just concluded Kenya Certificate of Primary Education (KCPE) examination, Science and Kiswahili papers disappeared in Narok County without a trace up to today. The 17 candidates at Oloonamuka Primary School in Narok County were forced to start the exam almost two hours late as the field officers rushed to photocopy the papers from a nearby primary school. Four teachers and four police officers have already been charged in court.
These incidents have occurred despite the elaborate security measures that have seen more than 20, 156 police officers deployed to supervise the exercise.
Yesterday, Knec chairman George Magoha said the examination was going on in the centres where irregularities had been cited because the candidates did not access the unauthorised materials.
“We have allowed the candidates to continue with the examination materials since there was no leakage,” said Prof Magoha, while speaking in Nairobi where he visited Kamukunji High, Eastleigh High School and Starehe Boys centre.
Meanwhile, at least seven candidates in Isiolo County are pregnant. But County Commissioner John Ondego said the girls from will continue to write their exams either in hospitals or examination centres.
In Taita Taveta County, a candidate has been forced to stop her examinations after she suddenly lost her eyesight.
The Marungu secondary school pupil in Voi Sub County could not sit her English Paper One examinations on Tuesday and was rushed to hospital for medical attention.
In Coast, 184 candidates, 70 in Mombasa, 19 in Kwale, 55 in Kilifi, 10 in Tana River, 24 in Taita Taveta and 6 in Lamu, absconded the examinations.
In Machakos, a candidate at Makiliva Secondary School sat the exams at Mwala level Four Hospital after giving birth on Monday. The 17-year-old was rushed to the hospital after she developed labour pains.
Education Cabinet Secretary Amina Mohamed speaking in Muranga said the government is working on a policy to deal with teenage pregnancies in primary and secondary schools.
Last year, one teacher was sacked and 45 others suspended over irregularities in last year’s of Kenya Certificate of Secondary Education examination.
Reported by Victor Raballa, Ouma Wanzala, Benson Amadala, Vitalis Kimutai, Elizabeth Ojina, Shaban Makokha, Stephen Oduor, Vivian Jebet, Lucy Mkanyika, Gastone Valusi, Ndungu Gachane, Winnie Atieno, Mohamed Ahmed and Magati Obebo
Some politicians can be quite ridiculous, and prone to trivialising matters that deserve to be taken more seriously. Take, for example, Mbeere North MP Muriuki Njagagua’s response to the plan to scrap constituencies that do not meet a certain population threshold. He has taken it upon himself to devise his own strategy to boost the population.
He is offering Sh2,000 to every woman who gives birth in order to secure his constituency. Here is a matter that affects all his constituents, but he prefers a trivial personal approach. This is a big joke, though he is not the first politician to dabble in matters where he has no proven expertise.
One is also reminded of Kiambu County hiring idlers and paying them a stipend to keep off drink. What those who devised this didn’t realise is that putting money in the hands of alcoholics would just fuel it.
We would have dismissed the MP’s talk with the contempt it deserves, but it is an annoying reaction to the plan to dissolve 27 constituencies whose populations fall below the set quota of 133,000 persons. It’s fact that the government is reeling under the heavy financial burden of the numerous administrative units created in recent years. Merging some will ensure that the new units are viable and cut costs. The MP’s push for more births to protect his constituency is nonsensical and should be ignored.
The danger in such messaging is that it could gain traction, especially among the majority poor and illiterate folks, leading to a population explosion. MPs are influential leaders and some of their outlandish ideas could be easily picked up. And, of course, the MP is not bothered about who will take care of the additional children. Women and families are not manufacturers of children to serve political interests.
Kenya’s relations with China have been the subject of debate in recent times for a number of reasons. First, China has emerged in a relatively shorter time to become a major lender and investor in Kenya, surpassing traditional names such as Britain. Investment and financial inflows to Kenya and the continent have grown phenomenally.
At the continental level, China’s trade volume rose to an all-time high of $170 billion last year and direct investment of $100 billion. Kenya has been a major beneficiary and the poster picture is the Standard Gauge Railway, which since completion of the first phase last year, has transported some two million people and thousands of cargo tonnage. China is Kenya’s foremost trading partner, accounting for 17.2 per cent of our international trade portfolio.
Second, the trade and investment relations have spawned a major influx of Chinese nationals in Kenya, which though started as expatriates, has extended and brought on board even casuals and petty traders, whose presence has elicited strong resentment from Kenyans, who see them as unwelcome immigrants out to displace locals. Cheap and low quality Chinese goods have flooded the local market, crowding out local products and posing a real threat to indigenous industries.
Third, trade and investments have been scattered across all sectors and extended even to areas never anticipated. The best example of this is Chinese fish imports, which have stifled local production and trade. Already, there is tension over Chinese fish trade, with locals strongly objecting and to which China has responded with threats; indicating it would resort to withholding aid to critical areas should the opposition to their fish persist.
In all these, the emerging picture is that China has come to dominate Kenyan and African markets. Conversely, the imperative is to reverse the trend by pushing for a trade equilibrium. Kenya and Africa want to increase their trade to China to benefit from its two-billion strong population. We need to penetrate that market and reap some benefits.
Given this background, President Uhuru Kenyatta’s visit to China this week and the proposal that Chinese firms seeking to do business in Kenya should enter into partnerships with locals, is a logical proposition. There is no disputing the technology and resources that China has. But to come and do business in Kenya, we must benefit. And that is only possible when their nationals team up with our people to do business.
Global trade and co-operation is all about coexistence and mutual benefits. Dangers abound when one partner benefits to the exclusion of the other. Joint-business partnership is a good starting point. But more comprehensive structures complete with policy and contractual engagements are paramount to secure a reciprocally beneficial co-operation.
The Sub-Saharan nation of Malawi has made progress in human development over the past decade, but it remains one of the poorest countries in the world. Over half the nation’s population lives in poverty, and some 25 percent live in extreme poverty.
When the Millennium Challenge Corporation (MCC) and the Government of Malawi began looking at the primary constraints to the country’s economic growth in 2009, one thing stood out — the availability and quality of the nation’s power supply. Just 10 percent of Malawians had access to grid electricity and even for those connected to the grid, power was often unreliable and cut for eight to 12 hours per day.
But inadequate power doesn’t tell the whole story of life in Malawi. The country is also hindered by gender inequality. Women in the agricultural sector tend to have smaller lots of land, and those in other sectors suffer from a lack of access to credit and capital. So, when we partnered with the Malawian government to revamp the nation’s power sector, we didn’t limit our efforts to producing more electricity. We also sought opportunities to help women in the country advance in the context of the power-focused compact.
I traveled to Malawi ahead of our compact closeout and met with some of the inspiring women who have been empowered by projects implemented under MCC’s compact. Not only are those women compact beneficiaries, they are working to reshape the country’s future.
At MCC, we believe that one of the best ways to accomplish our mission to reduce poverty through economic growth is by investing in women’s economic empowerment. The reason is simple — research shows that empowering women leads to stronger economies, increases in household incomes, and higher profits for businesses. So, no matter what sector we invest in — power, land, transportation, water — we look for ways to ensure that women are provided opportunities to play a key role in driving progress that will positively impact them and their communities. In Malawi, women helped to realize the potential of efforts across the power-focused investment, making key contributions to each of the three compact projects: infrastructure, power sector reform, and environmental management.
Hydropower generation plays a big role in Malawi’s power sector, but chronic weed infestations and excessive sediment buildup in the Shire River Basin as a result of poor land and environmental management, have led to hydropower disruptions and inefficiencies.
The compact’s $32 million Environmental and Natural Resource Management Project was designed to implement modern environmental and natural resource management techniques in areas upstream from the hydropower plants. The project also included a Social and Gender Enhancement Activity that focused on engaging women to improve how land along the riverbanks is used and reduce the negative impact on natural resources while increasing economic opportunities and decreasing outages at downstream hydropower plants.
Emily Hussein used to spend her days collecting firewood and charcoal, which she would sell as her only source of income, leading to deforestation and soil erosion. But with the help of MCC’s Environmental and Natural Resource Management Project, she secured a loan that allowed her to become a beekeeper — decreasing her impact on the landscape and increasing her family’s household income.
“The project has changed the lives of women here,” said Emily. “I can now borrow money from the village bank and repay after I have sold honey. When I get the money, I use it to buy fertilizer in order to ensure that we have a good harvest.”
Upgrades to the power infrastructure formed a major piece of our compact with Malawi. A new high-voltage 400kV electricity transmission line — a significant upgrade from the old 132kV line — was built and is now connected by a host of newly constructed and upgraded substations. The line will provide a stronger and more efficient, higher voltage backbone for the transfer of electricity across Malawi.
Women worked on sites across the country as new lines and substations were constructed and rehabilitated. Women working at the Ntonda substation in Blantyre had the opportunity to work on site in the morning, and attend training sessions in the afternoon to build specialized skills in bricklaying and carpentry, skills that will help them to earn more in future work.
Infrastructure alone cannot solve the systemic, long-term challenges of energy access in Malawi. Effective institutions and strong policy frameworks are also needed to support continued expansion, encourage private sector investment and boost economic growth. As MCC worked with the Electricity Supply Corporation of Malawi (ESCOM), the national electricity utility, to improve processes and operations, the role of women was front and center. The utility successfully recruited a Gender and Social Inclusion Manager and established a unit to lead the development and implementation of ESCOM’s Social and Gender Inclusion and Anti-Sexual Harassment Policy. Now, ESCOM will provide gender training and technical support to their entire staff.
“Research has shown that organizations which have included women in their decision making forums and even in all the operations of those organizations are able to perform much better than organizations which don’t have women in their committees or teams,” Gender and Social Inclusion Manager Elube Chienda told me.
ESCOM is also planning for their future workforce with a partnership with the University of Malawi. The scholarship and internship program aims to support the next generation of female engineers as students build their skills both in the classroom and in real world. “The idea is to ensure that we motivate them, and we inspire them so that when we have vacancies they will be the first ones to apply,” said Ms. Chienda.
When I spoke with ESCOM scholarship recipients about how the program had changed their lives and aspirations, they were full of hope and confidence. “I’m graduating not only with theory and knowledge. I’m also graduating as an experienced engineer,” said scholarship recipient Mary Mnewa.
With the completion of our five-year compact, MCC and the Government of Malawi have set the stage for more reliable power to be delivered across the country. At the same time, infrastructure upgrades and institutional reforms have secured the foundation for private sector investment while optimizing the potential benefits to women and local communities by promoting women’s economic empowerment through new job opportunities and reforms that incentivize women’s participation within the power sector.
Empowering women in Malawi is helping to power the country, and MCC is proud to have played a role in cementing new opportunities for women in the future. This compact shows that investments don’t have to choose between policy and institutional reform, infrastructure improvements, and economically empowering women. As we move forward in our pursuit of poverty reduction, MCC will continue to make the economic empowerment of women a priority, regardless of which countries and sectors we are investing in.
About the Author: Kate Pritchard is an International Communications Specialist at the Millennium Challenge Corporation.
Editor’s Note: This entry originally appeared on the MCC’s blog.
When the 17-time Kenyan champions left Nairobi for England last Friday, they set out on a journey of adventure – a life-time experience to play against an English Premier League club at their own turf.
And adventure they got in plenty on Monday with Ademola Lookman the star of the show at the Goodison Park as Everton strolled to a 4-0 win to clinch the SportPesa Trophy.
Gor Mahia Patron Raila Odinga had rallied the Green Army in his pre-match talk saying “Wana mbili na nyinyi mko na mbili… hawana tatu, ni wanaume kama nyinyi!” but that turned out to be mere motivational talk as The Toffees only needed 23 minutes to prove their might.
Perhaps an extended spell of possession from the Kenyan champions inside the opening 10 minutes had given them false confidence but Ademola Lookman served them a reminder of who the big boys were with an easy tap-in at the quarter hour mark to open the scoring.
Stealthily escaping the attention of Karim Nizigiyimana, Lookman connected to a low cross from Cenk Tosun at the back post to place the ball past Boniface Oluoch. It was the kind of move that always looked likely to produce a goal after Dominic Clavert-Lewin cleverly slid the ball into Tosun’s path who made full use of acres of space between Joash Onyango and Shafik Batambuze.
Gor sought a reply but the absence of Rwandan international Jacques Tuyisenge, their top scorer in the league last season, was clearly being felt with his replacement Francis Mustapha struggling to rise to the occasion.
Marco Silva’s charges successfully turned defence into attack to double their lead in a well-orchestrated counter attacking move that dimmed any smidgen of hope for the SportPesa Super Cup holders. Yerry Mina rose high to head clear Batambuze’s delivery from a corner and the counter was on!
Lookman picked the clearance, showed quick feet to free himself from four green shirts before setting Calvert-Lewin racing towards the K’Ogalo box. Onyango, in his true no-nonsense self, timed his sliding tackle perfectly to dispossess the lanky forward but Kieran Dowell picked the loose ball before slotting past Oluoch – bringing back memories of his screamer in Tanzania that turned out to be the winner the last time these two sides met in July last year.
The pattern of the early exchanges resumed with Gor Mahia bossing possession though they could not conjure a clear cut chance. George Odhiambo decided to take matters in his hands on 32 minutes when he embarked on a solo run down the inside left channel but he skied his effort into the empty stand behind Maarten Stekelenburg’s goal.
Calvert-Lewin should have showed him a better technique of finding the net moments later but his curled effort went inches wide of the left upright as the men in blue sought to cushion their lead.
If that moment had sent chills down the Gor Mahia dugout heading to the break, what transpired shortly after the restart must have shook them to the core. Lookman, a constant menace on the left, weaved his way seamlessly past five Gor players but he was denied a memorable goal by Batambuze who made a timely goal-line clearance.
Earlier, Odhiambo had burst into the Everton box but his low cross across the face of goal went unattended to.
Mustapha missed Gor’s best chance of the day on 57 minutes when Stekelenburg came off his line to deny Odhiambo who was a yard late from reaching a dinked pass from the impressive Francis Kahata. The ball fell kindly for Mustapha to score into an empty net but his finish veered awfully wide.
Dylan Kerr’s patience with the Burundian was certainly running out and he withdrew him just seven minutes later, replacing him with Kevin Omondi as Peter Odhiambo took over the goalkeeping duties from Oluoch.
With the tie settled as a contest, Kerr made a series of changes in a bid to give all his players a taste of the experience. Youngster Raphael Asudi, Wesley Onguso, goalkeeper Shaban Odhoji, Charles Momanyi, Lawrence Juma, Bernard Ondiek and Humphrey Mieno all got run-ins.
Everton though, still meant business as their substitutes Nathan Broadhead and Oumar Niasse got on the score sheet late on to put gloss on a fine performance from the hosts. Broadhead arriving late in the box to turn in James McCarthy’s cross with his shoulder before Niasse fired a low drive that came off the inside of the woodwork on its way in pats Odhoji’s despairing dive.
It was truly a real football lesson for Gor Mahia and a day they will live to painfully remember having soaked in four without a reply. Adventure turned sour!
Haji and AG in row over extradition role before supreme court
State can now co-operate and exchange information on corruption with other countries
Appeals Court says DPP office should not involve itself in international relations
Extradition or the sending of a person back to a country he is suspected to have committed a crime in, is meant to fight misdemeanour.
However, the wheels of justice have ground to a halt on account of ego fights between the Director of Public Prosecutions and the Attorney-General on who should take up the role.
The High Court initially said the DPP has the powers to institute proceedings for the extradition of suspects, but the AG successfully challenged the ruling at the Appellate Court.
The office of the DPP has now moved to the Supreme Court to get a second interpretation of the law.
Meanwhile, those to be extradited wait in anxiety as the fight over their fate by the two offices swings like a pendulum.
They include former Cabinet minister Chris Okemo, former Kenya Power MD Samuel Gichuru and Mr Walter Barasa, a former journalist.
The DPP wants the Supreme Court to uphold the High Court decision.
In court papers, DPP Noordin Haji says extradition is part of the criminal justice administration system.
“The Constitution confers on the DPP the responsibility to conduct extradition proceedings on behalf of Kenya,” Mr Haji says.
“Further, there are several extradition cases initiated by the DPP which are at various stages of proceedings, and will be greatly affected by the ruling of the Appeals Court.”
Appellate Court Judges Erastus Githinji, Hannah Okwengu and Jamila Mohammed said on March 2 that the Office of the DPP is deprived of extradition matters as they are not part of Kenya’s criminal justice system.
The judges said the DPP, who is not a member of the Executive or a political appointee, should not conduct foreign relations matters.
They said he is a professional who is independent of the Executive.
“Since it is the Executive which is involved in Kenya’s foreign relations and the AG is a member of the Executive, he is assigned the responsibility to extradite,” the court ruled.
While addressing the Law Society of Kenya annual conference at Leisure Lodge Beach Resort in Diani in August, AG Paul Kihara Kariuki expressed optimism that the country would negotiate extradition treaties with other states following the Court of Appeal ruling.
Following the enactment of the Mutual Legal Assistance Act, the government can now co-operate and exchange information with other countries.
Fight against corruption
That includes providing and receiving technical assistance aimed at confiscating illegally acquired assets.
In July, the government signed the Framework for the Return of Assets from Corruption and Crime in Kenya with the Swiss Federal Council.
It has also been pursuing bilateral and multilateral agreements with other countries for the expatriation of assets acquired from the proceeds of crime and corruption.
The government has already established a framework that has brought together law enforcement agencies in the fight against corruption.
The approach uses the strength of the institutional mandates jointly to trace and freeze assets, investigate corruption and prosecute perpetrators.
By Nenenji Mlangeni
ZOMBA-(MaraviPost)-Afrobarometer —an independent pan-African research network—has ruled out the possibility of them doing May 21 2019 pre-tripartite election survey for Malawi.
In 2014, Afrobarometer’s poll predicted correctly that the now ruling Democratic Progressive Party (DPP) would win elections in that year, ousting the then governing People’s Party.
Boniface Dulani, Afrobarometer Southern Africa Operations Manager on Monday disclosed that Malawi was not part of their current cycle of the regular survey.
“Afrobarometer hasn’t done any survey and it is not doing any survey until early 2020. Afrobarometer has its own schedule which does not necessarily follow that of elections of any country,” he said.
The organisation operates in some 35 countries in Africa and is focusing on a seventh cycle elsewhere.
Dulani said their focus is not only on elections but broad including governance issues, adding that they rarely do survey a few months before and after elections. Donors can fund such surveys in some cases.
Afrobarometer operates in countries such as Algeria, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, Egypt, eSwatini, Ethiopia, Gabon, Ghana, Guinea, Zambia, Benin, Mozambique and Zimbabwe.
Because the instrument asks a standard set of questions, countries can be systematically compared.
Trends in public attitudes are tracked over time. Results are shared with decision-makers, policy advocates, civic educators, journalists, researchers, donors and investors, as well as average Africans who wish to become more informed and active citizens
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