KSh60/00 (TSh1,700/00 : USh2,700/00 : RFr900/00) www.nation.co.keNairobi | Wednesday, November 6, 2013 No. 17752

BY SAMWEL BORN MAINA@Bornmainasborn@ke.nationmedia.com

Kenyans are using emergency Aids medication in place of safe sex, according to health workers.Many young people are having unsafe

sex and, instead of using condoms, going to public hospitals for the so-called PEP pills.

This is a continuation of the abuse of emergency contraceptive pills, which is widespread despite its health conse-quences. Post Exposure Prophylaxis is

Exposed: How youths abuse HIV medicine

CONTINUED ON PAGE 2

China leads UN ght to delay Kenya casesChinese ambassador, who is currently chairing the Security Council, argues that putting the case o for one year is a matter of international security as ICC prosecutor opposes Uhuru bid to stop case against him Page 4&5

HAGUE | France, Britain and the US thought to be opposed to African Unions request for deferral

REGIONAL STABILITY | Uhuru in talks with other leaders over peace in the DR Congo

President Uhuru Kenyatta is received by his South African counterpart, President Jacob

Zuma, at the OR Tambo Building in Pretoria where they attended a trade summit which opened on Monday and ended

yesterday.PHOTO I PSCU

President Kenyatta joined seven other heads of State in Pretoria for a Summit on the conict in DR Congo. Talks came in the wake of re-newed ghting in the Congo, where rebels yesterday sur-rendered after an onslaught by government forces.The UN Security Council Presi-dent has said that Kenya and Mr Kenyatta play a critical role in international peace, an argu-ment he says can justify a delay of the Kenya cases at the ICC.

BACKGROUND

Talks come amid heavy ghting

Raila oers to end EAC rowPg6 Former PM urges blocs leaders to name team for talks

Safaricom half year prot upP.32 Firm hits new high after earning Sh11.3bn

Mutindwa stalls attenedPg18 Train accident scene cleared of all forms of hawking

News P. 2-11, 16, BackOpinion P. 12-13Letters P. 14

Counties P. 18-23World P. 24-30Business P. 32-36 Sport P. 60-63

INDEX

an emergency treatment, mainly for health workers and victims of sexual crimes. It is usually administered to those suspected to have come into contact with HIV-infected material.

The treatment must start within 72 hours of exposure and consists of a daily dosage of six tablets taken for 28 days.

Doctors are worried that those abusing the PEP pills do not take the full dosage, thus not only risk-ing infection but also incubating a virus which is resistant to medica-tion.

The drugs are only available in public hospitals and are provided at no cost. It is illegal for chemists to stock them.

When PEP was rst introduced as an emergency drug to prevent HIV infection in the early 1990s, it was praised as a scientic breakthrough. At the time, it was meant for health professionals who were at great risk of being infected with the virus in the line of duty. With time, it was made available to people exposed to the virus under circumstances, such as rape or sexual assault.

In the recent past, however, there has been a sharp rise in the number of people seeking the drugs, after en-gaging in unprotected sex especially during holidays and weekends.

Many of those asking doctors to give them the pills use them the same way others use emergency contracep-tives as an afterthought.

Many of them claim to have had accidents which exposed them to HIV. The accidents, according to Nyeri County Aids and Sexually-trans-mitted Diseases coordinator Jenier Kiruri, range from sexual assault or a needle prick to a torn condom.

She said that between July and Sep-tember, the Nyeri Provincial General Hospital gave the pills to more than 100 patients, most of them young people of 16 years and above.

This group is one of the most at the risk of HIV infection.

Ask doctorsDr Enoch Ondari, the Kisii Level

Five medical superintendent, said the health centre received requests for PEP occasionally especially dur-ing weekends.

People do come to our facility to seek PEP services with the excuse of a burst condom. Normally, this happens during the weekends or on Monday morning, he said.

Hospital records indicate that more men than women ask doctors for the tablets.

Dr Martin Sirengo, the head of National Aids and STI Control Pro-gramme (Nascop), said there had been an alarming rise in the number of people abusing the drugs especially after weekends.

We cannot deny them the drug

because it is available, he said. But to qualify for a prescription,

one must undergo thorough testing and provide contact details to the doctor giving the tablets.

This procedure is meant to make it dicult for middlemen to get the drugs for free from public hospitals and resell them.

Dr Juliana Atieno, the chief admin-istrator at Jaramogi Oginga Odinga Teaching and Referral Hospital in Kisumu, said the hospital was one of those that had developed strict guidelines on who should get PEP.

Many people were coming for the drug, she said. We had to lay down a protocol. First, a person has to come with the partner for testing, she said. The partner must be traced for one to get help.

Dr Atieno warned that the drugs should not be a licence for irrespon-sible sexual behaviour.

The drugs eectiveness might backre if you skip a dose. Why do you have to undergo that? You have a good option of using a condom, she said.

Ms Monica Ndegwa, the Kieni East District Public Health ocer, said the uptake of the drug could be because young people wanted to take short-cuts.

Just like in pregnancy pills, young people want to take short-cuts. My

advice is, before you engage in anything, know the status of your partner, she said.

Mrs Christine Otieno, a programme ocer in HIV prevention at Kenyatta National Hospital, said the demand for the drug shoots up especially dur-ing holidays and after weekends.

We counsel the users rst. They must nish the dose, otherwise they may be resistant to ARVs in the event they acquire the virus, she said.

According to her, some of those seeking the drug are genuine cases of rape.

Others come with that excuse yet they did it willingly, but we cannot deny them the service, she said.

Additional reporting by Muthini Stephen

PEP is a combination of two drugs: Aluvia and Combivin and is only available at no cost in public hospitals.A person for whom PEP has been prescribed is required to swallow six tablets in a day for 28 days. One takes three tablets two Aluvia and one Combivin twice a day. PEP is not a simple morning-after pill: it is a month-long course of treatment. PEP treatment must begin within 72 hours of exposure to HIV. The sooner the treatment starts the better. The drug is mostly used within the health sector as part of a comprehensive precautions package that reduces sta ex-posure to infectious hazards at work. An exposed health care worker should proceed with treatment only after informed consent.Among the common side eects of PEP are nausea and diarrhoea.

BACKGROUND

Tablets must be taken for 28 days

Youths abusing drugs meant for HIV emergencies

WORRYING TREND | Alarm over increasing cases of people asking for pills meant to shield health professionals from infection

PHOEBE OKALL | NATIONMs Christine Otieno, who works on HIV prevention at Kenyatta National Hospital, with a bottle of the drugs which health experts warn are increasingly being abused by sexually active youth.

CONTINUED FROM PAGE 1

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PUBLIC HEALTH

BY SAMUEL BORN MAINA

There has been debate on whether people who engage in casual sex should be allowed to take PEP.

Dr David Bukusi, who heads the VCT and HIV prevention unit at KNH, said use of the drugs was a danger to public morality.

Those who have abused the treatment are reluctant to be identified, for fear of being stigmatised.

I did not even know her name nor do I have her con-tact, said a 28-year-old college student in Kisumu who said he had sought the medicine after he had a sexual encounter with a stranger who had insisted on not having safe sex.

He had gone to a disco in July, got drunk and went home with the stranger. She did not even introduce herself.

That alone made me to suspect her, he said. I had to do something.

For 28 days, he took the medicine religiously and in late

October went for a HIV test. The results were negative.

Another user, who was not willing to be named either, said he had a sexual encounter with a sex worker.

I am sure she was (HIV) positive, he said. I had a choice of reversing the pos-sibility of having acquired the HIV virus or living with the repercussions for the rest of my life.

He chose the former and obtained the drugs. Now I have no worry, he said.

After completing his dose, he went for a series of tests. They all turned out negative. However, the drug is not without side effects, which can include nausea, diarrhoea and weight loss.

Those who use tablets unwilling to speak up

DAILY NATIONWednesday November 6, 20132 | National News

BY NATION REPORTERS

Days after Parliament passed a retrogressive media law, the spotlight has now shifted to civil society, with an equally punitive law targeting funding for NGOs in the pipeline.

The NGO sector injects an ap-proximated Sh130 billion into the economy annually and employs hundreds of Kenyans.

The planned changes to the Public Benefits Organisations, Act 2013 propose that non-gov-ernmental organisations receive only 15 per cent of their budget from foreign funding.

Mr Henry Maina, the director of Article 19, a local NGO, said for civil society organisations to survive under the new law, they would have to dance to the tune of the proposed Public Benets Organisations Federation, a gov-ernment body that would monitor and regulate their operations.

This proposal seeks to silence the voices of dissent and would-be critics, said Mr Maina.

He said Kenya was clearly begin-ning to mimic and borrow from countries like Ethiopia where such laws have been passed, crippling the human rights sector.

The executive director of the International Centre for Policy and Conict, Mr Ndungu Wain-aina, said the proposed law was an indication that democracy was still in its infancy in the country. The most important thing is that this is not an isolated issue. This is a result of an incomplete democratic transition facing Kenya, he said.

Lawmakers now train their guns on activists

The amount the NGO sector in-jects into the Kenyan economy annually

Sh130bn

BY CAROLINE WAFULA @carwafscwafula@ke.nationmedia.com

The National Assembly has called for dialogue on conten-tious sections of a media Bill passed by Parliament last week.

Majority Leader Aden Duale yester-day said all the concerns raised by the media industry should be brought on board as the Energy, Communication and Information committee came out to defend the Bill, saying there was nothing wrong with it.

Committee chairman Jamleck Kamau accused the media of subject-ing his committee and the National Assembly to mob lynching, as Speaker Justin Muturi said some members had decided to side with the media for popularity.

The Speaker allowed Mr Kamau to issue a statement on the Kenya Information and Communications (Amendment) Bill, whose need he said, arose from the debate it had generated.

Mr Muturi maintained that the Bill, which is awaiting presidential assent, was constitutional.

The committee chairman said he was condent that the Bill was clean and clear.

I actually advise the President to sign it into law, he said.

Mr Duale, however, said there should be dialogue on the matter even as the Bill awaits the decision of the President.

Whether he assents to it or not, we want to sit with the committee and go through each clause one by one to see which section if any, is draco-nian. We want to sit with the media fraternity and move ahead without emotions because we are making laws for posterity so that Kenya gets the best media laws that will ensure democracy and good governance is entrenched, he stated.

Suba MP John Mbadi argued that rather than reopening debate into the matter, the House committee should

petition the President not to sign the Bill into law and refer it back to the House to have the contentious areas resolved.

It is true there could be some oversight by this House but that can be dealt with properly if the Bill is brought back to the House, he said.

Deputy Minority Whip Chris Wamalwa said the media played a critical role in society and it was the responsibility of Parliament to

set rules and procedures to enable it to operate in a conducive environ-ment.

It is a high time we established a mutual relationship with the media, If there are any contentious areas, let them come back to the House and be resolved, he said, adding: Let the stakeholders come together so that we can resolve these issues and move forward.

In allowing Mr Kamau to issue the statement, the House Speaker said it

was important to correct the wrong impression made by others concern-ing Parliaments action on the Bill.

Mr Kamau poked holes into com-plaints raised by the media, terming them a misrepresentation.

He gave what he termed as sum-mary of misinformation on the Bill.

The Bill, as assented to by the President, shall not gag the media as claimed but provide for the re-sponsible exercise of freedom of the press which includes protecting the rights of the citizens when news about them is published, he said, adding that the Constitution limited the right of freedom of expression.

The media is therefore, expected by the Constitution to exercise its freedom of expression in a manner that is responsible and that respects the rights and reputation of others, he said.

Rariedas Nicholas Gumbo, a member of the Communications Com-mittee, said the team and Parliament were being subjected to unnecessary mob justice.

He said media practitioners were consulted before the Bill was put before the House.

However, he said dialogue was necessary. Please let us come and reason together. This law wasnt made in heaven, it was made right here in this House. Dont make it look like we are at war, he said.

Duale calls for talks on media lawGAGGING THE PRESS | Some members siding with complainants, claims the Speaker

There is nothing wrong with Bill, says House team as it urges President to assent to it

REACTION

I advise President to sign it, says Kamau

I actually advise the President to sign it into law. It shall not gag the media as claimed but provide for the responsible exercise of freedom of the pressMr Jamleck Kamau

Whether he assents to it or not, we want to sit with the committee and go through each clause one by one to see which section if any, is draconianMr Aden Duale

It is true there could be some oversight by this House but that can be dealt with properly if the Bill is brought back to the HouseMr John Mbadi

FILE | NATIONJournalists protest against the controversial media Bill. The National Assembly has called for dialogue on contentious is-sues.

DAILY NATIONWednesday November 6, 2013 National News 3

KEVIN KELLYIn NEW YORKkevinjaykelley@gmail.comAND WALTER MENYA@menyawalterwmenya@nationmedia.comIn THE HAGUE

Chinas ambassador to the United Nations has said that his country supports the Africa-backed resolution calling for deferral of the ICC cases against Kenyas leaders.

We fully understand the con-cerns of the African Union and also the concerns of the Kenyan govern-ment, ambassador Liu Jieyi said at the UN headquarters in New York. China supports the Security Council in actively and positively responding to the call of the AU and the Kenyan government.

With veto powerMr Liu is also serving as the

president of the security council this month. His country is one of the ve permanent members of the security council.

Kenyas leaders, who were demo-cratically elected by the Kenyan people, and their dignity, should be fully protected and respected, he said, and asked the council to ensure that the Kenyan leaders can concentrate on discharging their constitutional duties, including playing a very constructive regional role in peace and security.

Chinas position puts it at odds

with the position taken by the US, Britain and France, which are also permanent members with veto power over council resolutions.

Russia, the fth permanent mem-ber, is believed to favour a resolution seeking a one-year deferral of the pro-ceedings against President Kenyatta and Deputy President William Ruto.

Mr Liu did not indicate specically when the resolution will be taken up by the 15-member council.

The usual practice, he said, is that council members will have con-sultations on a draft resolution and decide on what course of action the council will take.

At a news conference outlining the councils programme of work for November, the Chinese envoy framed the eort to defer the ICC cases as consistent with the need to maintain international peace and security.

The council is legally able to initi-ate a deferral of ICC prosecutions only when it judges such an action to be consistent with maintenance

of international peace.We believe the security council,

according to the Charter of the United Nations, should support eorts of regional organisations to maintain peace and security, he said. As an important country in Africa, Kenya plays a signicant role in maintaining regional stability, mediating regional issues and countering terrorism.

The ICC said it excused Mr Ruto from the courtroom because the reasons his defence gave met the ex-ceptional circumstances threshold.

While giving the reasons for the excusal yesterday, presiding judge Chile Eboe-Osuji said the chamber was satised with the reasons in Mr Rutos application, which was largely made in a private session.

Mr Ruto was on Friday excused from being in the courtroom for the whole of this week.

The chamber is satised that the circumstances are exceptional. The meetings for Mr Ruto and President

Uhuru Kenyatta were planned when the schedule did not foresee extension of the current session, he said.

The chamber also held that the cri-teria for excusal set in the judgement of the Appeals Chamber of October 25 were met.

The chamber agreed with the Ruto defence that adjournment, which is one of the alternatives available to it, would not be feasible since there is witness 268 on the stand whose testimony cannot be disrupted.

Meeting on refugeesPresident Kenyatta left for an ocial

visit to South Africa and Botswana on Monday and is expected home today. And Mr Ruto is required to chair a meeting on refugee and drought on Thursday and Friday.

Both the prosecution and the vic-tims had opposed the Ruto request arguing that granting him the excusal would make his absence the general rule rather than the exception.

JUSTICE | ICC says it excused Ruto from court because the reasons met the threshold

China throws its weight behind calls for deferral

FILE | NATIONDeputy President William Ruto receiving a Bible from Mr William Chepkut outside ICC last week. Mr Chepkut presented the Bible on behalf of his boss, former Cabi-net minister Nicholas Biwott.

China supports the Security Council in actively and positively responding to the call of the AU and the Kenyan government Chinas ambassador to the UN Liu Jieyi

TRIAL IN THE HAGUE

GABORONE, Tuesday

Kenyas High Commissioner to Botswana Jean Kimani said Botswana supports the deferral of International Criminal Court (ICC) cases against President Kenyatta and his Deputy Presi-dent William Ruto.

She said the southern African nation had initially backed the idea of bringing the trial of the cases nearer home.

Botswana has clearly expressed its position that they support de-ferral of the ICC cases. They also supported the cases be moved closer to Kenya to accommodate the President and his deputy, Ms Kimani (below) said.

She was speaking in an inter-view with the Presidential Strategic Communication Unit (PSCU) in her oce in Gaborone ahead of President Kenyattas one-day visit to the country today.

They say other aspects of the Rome Statute should be dealt with at state parties conference later this month, she said.

Asked about comments attrib-uted to Foreign Minister Phandu Skelemani earlier in the year that President Kenyatta would not be allowed to set foot in Botswana, Ms Kimani said: Weve been assured at highest level that this was not the ocial position of the Govern-ment of Botswana. (PSCU)

Botswana backs AU on Kenya cases

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HIBISCUS VILLAS

DAILY NATIONWednesday November 6, 20134 | National News

BY WALTER MENYA@menyawalterwmenya@nationmedia.com

ICC Prosecutor Fatou Ben-souda has asked the court to reject the application by President Kenyatta to stop charges against him because it comes nowhere near the high threshold required for a stay.

The prosecution is also opposed to holding an evidentiary hearing that the accused had requested as an alternative to dropping the charges against him.

In the event the Trial Chamber decides to consider the applica-tion, Ms Bensouda says, that should not stop the trial of Mr Kenyatta from starting.

The prosecution holds that the trial of President Kenyatta can run simultaneously with the determination of application to stop proceedings.

The Accuseds application for a permanent stay of proceedings (Application) comes nowhere near the high threshold the Ap-peals Chamber has established for such relief. On the contrary, the matters raised in the Application show why a trial is necessary, Ms Bensouda said in her response.

The Application proceeds on two fronts: (i) assertions re-garding alleged oences against the administration of justice by P-0118 and [Redacted]; and (ii)

attacks on the credibility of two prosecution witnesses. Neither surpasses the high bar required for the imposition of a stay, the response dated November 5 states.

The prosecution argued that the issues President Kenyatta raised in his application would be better raised at cross-examination and not grounds to stop the trial.

Even viewed in the light most favourable to the Defence, the ar-guments regarding the credibility of the Prosecutions Mungiki witnesses merely raise possible avenues of cross-examination and lines of defence. The Defences arguments on witness credibility which omit facts that under-mine the Defences position and which the Prosecution disputes

are reasons to have a trial, not reasons to avoid a trial, the prosecution said.

October 10, President Kenyatta asked the ICC to stop the case against him citing serious, sus-tained and wide-ranging abuse on the process of the court carried out by three witnesses against him in collaboration with the courts investigators.

In the application, President Kenyatta had alleged that his witnesses have been intimidated or interfered with, to change their testimony for reward.

The application had further asked the judges of the ICC that if the accusations against the Oce of the Prosecutor (OTP) of abus-ing the court process were proven, it would necessitate a permanent stay of the proceedings.

An evidential hearing on abuse of process would require the calling of live witnesses, President Kenyatta said in the public redacted application of October 10.

Mr Kenyattas lawyers had raised queries concerning the conduct of OTP 118, OTP 11 and OTP 12, prosecution investigators and an intermediary.

His defence team had stated that on OTP 118, they had ex-tensive evidence that the witness worked with the investigator, described as an intermediary, to intimidate and interfere with potential defence witnesses.

Last week, the Trial Chamber V (b) allowed the prosecution to exceed the 20-page limit in its response to President Kenyat-tas application.

Ms Bensouda has now re-sponded in 41 pages according to the public redacted version, outlining the reasons why the application should be rejected.

Bensouda rejects Uhuru bid to end casePROSECUTION | ICC Chief Prosecutor responds to application seeking a permanent stay of proceedings

Issues raised in his application would be better raised at cross-examination and not grounds to stop the trial

Feb 4Date next year set for Uhurus trial in The Hague

The accuseds application for a permanent stay... comes nowhere near the high threshold... established for such reliefICC persecutor Fatou Bensouda

BY NATION REPORTER

Mr Joshua arap Sang used his popular radio programme Le Nee Emet (What is the world saying) to preach peace, his defence told the The-Hague-based court yesterday.

Mr Sangs defence lawyer Katwa Kigen said his client was pleading for peace and perseverance even before Ken-yans went to the elections in 2007. On February 18, 2008, Mr Kigen said, his client dedi-cated his programme to prayers and Bible reading.

Mr Kigens cross-examina-tion of Witness 268 was fraught with private sessions, cutting various sections of the witness testimony from the public.

The defence also maintained that Mr Sang (right) did not support any political party and ODM for that matter at the elections. He played audio recordings of his clients broadcasts in 2007 and 2008 to prove to the court that his client was innocent.

Defence: The host of the programme makes reference to PNU. Doesnt he?

Witness: Yes, your honour.Defence: He also makes ref-

erence to ODM, doesnt he?Witness: Yes, your honourDefence: He also makes

reference to ODM Kenya, doesnt he?

Witness: Yes, your honourDefence: At the end of listing

all the parties, does he recom-mend the party that should be followed by all listeners?

Witness: Not from what I have read.

Defence: Could you conrm, that Sang says I am shocked on the second line of the trans-lation by the prosecution?

Witness: Yes.Defence: Could you explain

to the court what shocked him?

Witness: He is shocked by the fact that the caller doesnt prioritise the person but the party.

Defence: And the person is

Mr Ruto?Witness: Yes.Defence: Mr Witness, could

you conrm, as a matter of fact that Sang was pleading for peace and perseverance?

Witness: Yes.(Court goes into private

session)Mr Kigen also said that after

the elections, Mr Sang was not only concerned by the violence in the Rift Valley but the entire country.

Defence: Mr Witness, you also notice Sang has high-lighted violence was all over Kenya?

Witness: Yes, your honour.Defence: Did you listen to

this broadcast?Witness: I cant remember.Defence: When the prosecu-

tion played to you the audio of February 18, 2008, did they also play out this audio I have just played to you?

Witness: I cant remember. No, I dont recall.

Defence: Mr Witness, you realise Mr Sang is asking the listeners of Le Nee Emet to disclose who planned the violence?

Witness: Yes, your honour.Mr Kigen also sought to dis-

credit the witness testimony that Mr Sang had told people to demonstrate against stolen elections, saying, the accused appealed for people to remain indoors and leave the tallying of votes to politicians.

Sang used his radio programme to preach peace, defence says

TRIAL IN THE HAGUEDAILY NATIONWednesday November 6, 2013 National News 5

BY NATION CORRESPONDENT

Matatu users will have to pay more if exorbitant charges by Nairobi County are not scrapped, a court was told yesterday.

Matatu operators moved to the High Court, in Milimani, ac-cusing the Nairobi Government of overstepping its mandate by requiring high fees from the transport hoods.

The Matatu Owners Association, accused the county government of viral injustice over what they termed exorbitant charges in parking fees.

The high rates the matatus will be paying daily will be channelled to the passenger, lawyer Harrison Kinyanjui, for the matatu owners, told the court.

An increase will affect the whole countrys transport. Many public service vehicles disembark in Nairobi... This issue is of great national importance, he said, add-ing that the blanket charge was not agreed upon by all parties.

But Mr Tom Ojienda, for the county, said the county govern-ment had all the powers to enact trac by-laws. The laws should be upheld. Public participation was involved...

A judgment on the application will be made on December 6.

Rates to hurt commuters, court told

BRIEFLY

NAIROBIInvolve all Kenyans, Jubilee fete team told

Deputy President William Ruto has asked the team plan-ning celebrations to mark 50 years of independence to involve all Kenyans in preparations. Mr Ruto said Kenyans should own the project by being given the opportunity to take part and give their views. Addressing members of the National Steering Commit-tee at his ocial residence, the Deputy President said both cur-rent and former leaders should be involved in ensuring the success of the programme. This event will be important in the history of this country, said Mr Ruto.

BY JOHN NGIRACHU@JohnNgirachujngirachu@ke.nationmedia.com

Debate on a report critical of the conduct of Lands Cabinet Secretary Charity Ngilu began last evening as an MP prepared an amendment seeking to have her take full responsibility.

Ugunjas Opiyo Wandayi (ODM) says in his amendment that Mrs Ngilu should take full responsibility for the unconstitutional, illegal and irregular acts of creating oces and making arbitrary appointments, promotions and transfers in the ministry.

Further, Hon Ngilu should be held to account for any undesired conse-quences such as, but not limited to, nancial loss that may arise from the aforementioned acts of commission on her part, he states in the amend-ment.

The joint committees on Delegated Legislation and Land have declared that Mrs Ngilus appointment of Mr Peter Kahuho as the Director General of Lands was unconstitutional. The ap-pointment has since been revoked.

He said it was conrmed that Mrs Ngilu had overstepped her mandate by creating positions and appointing those to ll them.

Mr William Cheptumo (Baringo North, URP) said the minister did that based on a draft proposal de-spite the Public Service Commission being legally in charge of appointing people to positions it created in the civil service.

The committee recommended that the ocers who had been transferred or removed from oce be reinstated and the irregular appointments or

promotions reversed. It had asked Mrs Ngilu to, as a matter of urgency, submit to the National Assembly the regulations needed to put into further eect the Lands Act.

Mr Wandayis amendment could set up a serious war of words with MPs who support the Cabinet Secretary and those who had lobbied hard since the report was presented in the House on Thursday.

This was apparent in the numbers present in the evening as debate started on a dramatic note with Speaker Justin Muturi rejecting

allegations designed to interfere with it. Mr Muturi told o MP Kisoi Munyao (Mbooni, Wiper), who was at the head of a plan to have Mr Joseph Gitari, the vice-chairman of the Committee on Delegated Legisla-tion, reprimanded.

Mr Munyao claimed that Mr Gitari was a director of three companies and had taken money from the Lamu Port and South Sudan Ethiopia Transport (Lapsset) Corridor project. He could not back his claims and was forced to withdraw and apologise to Mr Gitari.

Ngilu land report splits HouseLAND PROBE | Team rules Cabinet Secretarys moves unconstitutional

Attempts to stop debate on ministers conduct fails with a lawmaker saying she must take full responsibility

Furthermore, Hon Ngilu should be held to account for any undesired consequences such as, but not limited to, nancial loss that may arise from the aforementioned acts of commission on her part,Ugunja MP Opiyo Wandayi

JENIFFER MUIRURI | NATIONLands Cabinet Secretary Charity Ngilu with senators Dan Mwazo (centre) and Chris Obure when she appeared before the Senates Agricultural committee yesterday.

LAIKIPIAEthiopians sent to jail for six months

A Nanyuki court has sentenced 11 Ethiopians to six months im-prisonment each for being in the country illegally. The foreigners were jailed after they failed to raise a Sh20,000 ne following their guilty plea to the charge be-fore chief magistrate Jesse Nyaga. They were intercepted at a road-block in Timau, Meru County, on October 21 at 5.30am. They initially could not take the plea since there was no interpreter available and were not conversant with either Kiswahili or English. The accused pleaded guilty to the charges after the court got an interpreter.

BY NATION REPORTER

Former Prime Minister Raila Odinga yesterday oered to help resolve the controversy threatening to break up the East African Community.

Mr Odinga appealed to Presidents Uhuru Kenyatta, Yoweri Museveni (Uganda), Jakaya Kikwete (Tanzania) and Paul Kagame (Rwanda) to urgently pick a panel of statesmen from the EAC to resolve the controversy that has seen Tanzania threaten to pull out of the political and economic bloc.

I want to propose to re-gional Heads of State that a panel of statesmen from the EAC be put together to work out a mechanism to resolve the impasse and put the union back on track, he told a press conference.

Asked whether he was ready to sit on the panel if picked, Mr Od-inga answered in the armative.

Yes, Im ready to represent Kenya on that panel.

Mr Odinga has previously resisted overtures from the Ju-bilee Government to appoint him Ken-

yas envoy at large, with his supporters terming it a ploy to push him into political retirement.

The Cord leaders con-cerns came in the wake of reports from Dar es Salaam that Tanzania was considering a pulling out of the EAC.

Its minister for EAC Affairs, Mr Samuel Sitta, is reported to have told a charged Parliament in Do-doma that Dar would not wait for a divorce certi-cate from Kenya, Rwanda and Uganda, but would shoot before we are shot.

The minister spoke on the same day Presidents Kenyatta, Kagame, Musev-eni and Salva Kiir of South Sudan signed a host of protocols and agreements

in Kigali, including free movement

of goods and persons , i n f r a -structural develop-ment and transfor-m a t i o n

into a single Cus-t o m s

Union.

Raila oers to help resolve EAC dispute

DAILY NATIONWednesday November 6, 20136 | National News

DAILY NATIONWednesday November 6, 2013 7

BY NATION REPORTER

A row has erupted between the national and Machakos county gov-ernments over land, threatening the planned opening of the much publicised investment plan by President Kenyatta on Friday.

Agriculture Cabinet Secretary Felix Koskei has accused the county government of grabbing hundreds of acres of land.

Speaking yesterday when he presided over the signing of per-formance contracts by parastatal chiefs in his ministry, Mr Koskei said that the county led by Dr Alfred Mutua had encroached on 2,000 acres that were allocated to the ministry in 1948.

He said Head of Civil Service Joseph Kinyua visited the land set aside for livestock on Monday to conrm the encroachment.

The land is for livestock disease surveillance and the animal genetic centre, Mr Koskei said.

He told the county government, which wants to use the land for in-vestments including construction of a new city, to stay away from the land until talks are held.

But Dr Mutua denied that the county had grabbed land belonging to the national government.

He added: We are shocked be-cause the minister knows the truth. We have our land and he has his land. If the minister has any is-sues to discuss, we welcome him to Machakos for a cup of tea.

Row over land now threatens countys big day

BY AGGREY MUTAMBO@agmutamboamutambo@ke.nationmedia.com

Banks are now asking those who have received fake currencies either through ATMs or over the counters to report the cases to the Central Banks Fraud Investigat-ing Unit, or their respective banks as soon as possible.

Kenya Bankers Association chief executive Habil Olaka yesterday told the Nation that cases of fake notes getting into circulation from banks were remote, but said banks were willing to ensure such incidents do not recur.

I would like to emphasise that a bank-related fraud, no matter how small, is investigated as a criminal oence by Central Bank of Kenyas Bank Fraud Investigations Depart-ment. Each case does matter despite its magnitude, Mr Olaka said in a statement.

Bearing in mind the control meas-ures exercised by most banks during cash handling, we urge members of the public alleging to have been issued with fake notes to report and present

the suspicious notes to their respec-tive banks or CBKs Banking Fraud Investigation Department.

The association, which represents commercial banks in the country was responding to a story published in the Nation on Monday in which a number of Kenyans claimed they had with-drawn money from automated teller machines only to turn out fake.

Yesterday, more Kenyans continued to share their experience with fake currency notes as some accused bank-ing sta of conning banks.

This is how its done, the tellers accept fake money, they balance their accounts at the end of their shift, the

money is put into the ATM, he gets his share and life goes on. Because you cant deposit fake money through an ATM. Dont look further, banks should screen their sta, claimed Stephen Hanya, in a comment to the online story.

The Consumer Federation of Kenya asked banks to acknowledge the prob-lem and do something about it.

If customers have had this ex-perience, it is up to the banks to acknowledge there is a problem and take responsibility by preventing similar incidents in future, Cofek secretary-general Stephen Mutoro told the Nation.

But banks argue the procedure of loading cash in ATMs follows a very strict routine to ensure notes custom-ers get are authentic. According to Mr Olaka, each bank has installed devices that ensure the notes and coins are genuine.

Report cases of fake notes: BanksCOUNTERFEIT MONEY | Banks insist strict control measures are in place to check cash handling

All cash handling is under CCTV monitoring and always under dual custody of both bank sta and the contracted cash man-agement rm. Cash received in banks is scanned through a machine at point of receiving (by tellers) that validates and detects any fakes currencies. Cash is then moved to strong Rooms where again it is vali-dated by a dierent team with bigger machines that will cer-tainly catch any fake currencies no matter how sophisticated.The cash is then loaded into locked trays that go into the ATMs. These trays cannot be manually opened or accessed.The trays are inserted into the ATMs and only the ATM can pull out cash from the machines.

FAKE CURRENCY CHECK

Controls banks say are in place

Bank-related fraud is investigated as a criminal oence by the CBK, says association

JENNIFER MUIRURI | NATIONFake one thousand shillings notes. Banks want customers to report to the Central Bank or alert them when they receive fake currency over the counter or at ATMs.

2ND JANUARY 2014 INTAKE

DAILY NATIONWednesday November 6, 20138 | National News

BY ISAAC ONGIRI@ongiri2iongiri@ke.nationmedia.com

T he primary schools laptops have been reduced from 1.3 million to 1.2 million.The additional 20,537 laptops for

teachers will be bought separately according to a tender advertised yesterday.

Price negotiations will be allowed if bidders quote more than the gov-ernments budget.

A top Education ministry ocial said that permission had been sought as required from the Public Procure-

ment Oversight Authority to allow change of tender. The laptops will cost Sh17.5 billion.

In August, a ministry tender asked for the supply of 1,378,622 laptops, 20,673 printers and a similar number of projectors.

To appeal to more bidders, the bid security was reduced to Sh50 million from Sh228 million.

To reduce costs, content-sharing platform has been removed.

Content sharing management plat-form and class management is critical. Content sharing platform should be a fully functional learning system, read a clause in the previous tender. This has now been deleted.

Yesterday, Cabinet Secretary Jacob Kaimenyi and Principle Secretary Belio Kipsang were not available for comment. I am in a meeting in Paris, Dr Kipsang said.

Some bidders have called for fur-ther review.

Safaricom chief executive Bob Collymore said if they were allocated additional spectrum for a 4G or LTE networks over the next 24 months, they would provide free broad band access to all public primary schools with the laptops.

In the previous tender, HP Com-

mercials was the lowest bidder quoting Sh28.7 billion three times the government budget while Huawei of China quoted the highest, Sh60.5 billion.

Others were Samsung Electron-ics (Sh39.1 billion), Symphony Technologies (Sh38 billion), Haier Technologies (Sh34 billion), ZTE Corporation (Sh33 billion) and Tel-com Kenya (Sh32 billion).

Mastec EA Ltd placed two bids quoting Sh32.6 billion in one and Sh31.3 billion in another while Shen Zhen Auto Digital quoted Sh30.3 billion.

Of the Sh 17.5 billion set aside for the laptops, Sh800 million would be spent on training, Sh500 million for digital content and Sh5.8 billion for setting up computer laboratories in 10 primary schools in each of the countrys 290 constituencies.

Each school would be supplied with about 50-100 laptops next year.

Laptops reduced in new tender EDUCATION | The number of devices has been slashed and some specications removed to lower cost

Price negotiations will be allowed if bidders quote more than the governments budget

Sh9.7bnAmount set aside to buy 1.2 million laptops

Sh28.7bnLowest quote in the previous laptops tender

BY NATION REPORTER

Britain has abandoned a conten-tious proposal to have people from selected countries deposit a bond of Sh400,000 before they can be granted visas.

The policy was revealed in June by Home Secretary Theresa May, but will now be scrapped, according to a spokesperson for the British Home Oce.

The government has been considering whether we pilot a bond scheme that would deter people from overstaying the visa. We have decided not to proceed, the spokesman said.

British High Commissioner to Kenya Christian Turner (pictured) yesterday told the Nation: The UK wants the brightest and the best to help create the jobs and growth that will enable Britain to compete in the global race.

The policy was set for piloting this month to coincide with the start of the Christmas shopping season.

Kenya was among six countries in Africa and Asia that had been singled out as high risk, mean-ing they are the source of the highest number of immigrants to the UK.

The 3,000 bond was to serve as a guarantee that the visa ap-plicants would return home after the allowed period.

Others countries were Nigeria, India, Pakistan, Sri Lanka and Bangladesh.

UK scraps Sh400,000 visa bond

INFERNO | Residents count their losses after re destroys 16 houses at city estate

Residents of Highridge estate in Korogocho salvage whatever was left of their belongings after re razed their homes yesterday. More than 16 houses were reduced to ashes. The cause of the re was not immediately known.

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DAILY NATIONWednesday November 6, 2013 National News 9

BY PAUL OGEMBA@PaulOgembapogemba@ke.nationmedia.com

Former Judiciary Chief Registrar Gladys Shollei yesterday failed to block the recruitment of her successor.

She was told by the Industrial Court that her plea for temporary injunction could not be granted.

Mr Justice Nduma Nderi ruled that the Judicial Service Commission would have to file their response rst.

Industrial Court rules prohibit granting of interim orders and I grant the commission 10 days to respond before the hearing on November 15, said Judge Nderi.

Mrs Shollei, through lawyer Donald Kipkorir, wanted to block the recruit-ment of a new chief registrar until her case challenging her sacking was heard.

Loss of Sh2 billionMrs Shollei was sacked on Octo-

ber 18 after two months of protracted dispute with her employer over her management conduct and allegations of misappropriation of funds amount-ing to more than Sh2 billion.

The commission advertised for the post and invited applications with the deadline set for November 18.

Mr Kipkorir argued: Our prayer is

not to seek Mrs Sholleis reinstate-ment but to put on hold the search for her replacement. The petition will be useless if her successor is appointed before the issues she has raised are determined.

The former registrar is seeking to quash the decision to send her home. She also asserts that her rights were violated since the allegations against her did not exist in any law and she also wants compensation for termi-nation.

Mrs Shollei says: I was not allowed

to call witnesses and although I denied the allegations, the commission still went ahead to sack me.

Her plea was taken to the Industrial Court after the High Court ruled that hers was a labour dispute.

At the same time, businessman Bryan Yongo is seeking to be enjoined in the court dispute between the JSC and the National Assembly.

Mr Yongo said that he had asked Parliament to remove a JSC commis-sioner and the dispute would directly aect him.

Shollei fails to block successorJUDICIARY | Court rules Judicial Service Commission has to le a response rst

Former Registrar fears someone new could be hired to replace her and make petition irrelevant

1 An order recalling and revoking her letter of dis-missal.2 An order reinstating her in oce pending determina-tion of the suit.3 The Chief Registrars oce not to be occupied by any other person other than her.

4 An order restraining the JSC from interfering with her rights.5 An order for compensation for her sacking and viola-tion of her rights

PRAYERS

What former Registrar seeks

PAUL WAWERU | NATIONMr Bryan Yongo outside the Milimani Law Courts yesterday after the hearing of an application in which he is seeking to be enjoined in a petition between the Judicial Service Commission and the National Assembly.

BY NATION CORRESPONDENT

Political parties have come under criticism over how they conducted nominations ahead of the last General Election.

In a monitoring report of the 2013 political party nominations titled Break from the past, the Kenya National Commission on Human Rights faulted political parties for lack of transparency and accountability.

Commission CEO Patricia Nyaundi said the Independent Electoral Boundary Commission ought to have monitored the nomi-nations to ensure transparency.

There ought to be very clear nomination rules managed by the IEBC and the registrar (of political parties) was supposed to be very rm in implementing the laws and the rules, said Ms Nyaundi.

Ms Nyaundi (above) said all the political parties were unable to run organised, ecient, free and transparent nominations.

In the nomination process, the parties should be disciplined and avoid the use of paper bags as the ballot boxes and the use of exercise books as the ballot papers to avoid irregularities, she added.

Ms Nyaundi, who was speaking in Kisumu during a forum for civil society to debate the report, noted that all the nominations were char-acterised by massive irregularities and lack of preparedness.

Parties did not give enough time for complaint redress and there was lack of personnel to address the disputes at the party level, she said.

She conrmed that political pa-tronage manifested itself as some party leaders sought to manipulate the outcome of nominations using the vulnerable in the society.

Parties failed elections test, says KNCHR

BY NATION CORRESPONDENT

Two people were yesterday killed in two separate road accidents.

In the rst accident, a man said to be mentally ill, was killed by a hit-and-run vehicle at Mago near Losengeli Secondary School on Chavakali-Kapsabet road. Sabatia police ocer

Martha Mutegi said nobody had re-ported a missing relative, making it dicult to identify the man.

She said that the vehicle involved remained unidentied as the acci-dent occurred when the public was still asleep.

A hit-and-run vehicle killed him. People living close to the highway

have told us they heard hooting and screeching of emergency brakes. The vehicle could have been speeding, the Sabatia police chief said.

The mans body was taken to Vihiga district hospital mortuary.

In the other accident, a car hit a 72-year-old pedestrian at Ebuyangu, in Emuhaya District.

Emuhaya head of police Benson Kilonzo said: The man was seriously injured. He died moments after he arrived at Yala Hospital.

He called on motorists and pedes-trians to be careful and obey all trac rules to reduce accidents.

His body is at the hospitals mor-tuary

Two die after being hit by motorists in separate cases

DAILY NATIONWednesday November 6, 201310 | National News

BRIEFLYKILIFIElderly man lynched over theft of vehicles

An elder accused of helping carjackers was yesterday lynched at Matsangoni village in Kili. Conrming the incident, Kili police boss Justine Nyagah said that Mr Ngala Mumba, 75, was killed by villagers after he was found with stolen solar and car batteries and other motor vehi-cle spare parts. Before he was lynched, he took villagers to a house where the parts were kept.

BUNGOMAWoman in custody for throwing away baby

A woman has been arrested for throwing away her new-born baby. The baby was allegedly dumped along a river bank in Mt Elgon. The lifeless body of the baby was mutilated by dogs. Area residents found the body and some of them started baying for the womans blood. She was rescued by the police. Kaptama police boss Justus Njeru said the woman would be arraigned in court today.

EMBUUse sports for cancer drive, says marathoner

Five-time world marathon champion John Ngugi has asked sportsmen to use their inu-ence in sensitising the public on the need to be tested for cancer. Speaking at Kangaru High School during this years Oasis of Life cancer awareness walk, Mr Ngugi said many people were unwilling to go for voluntary screening in hospitals. But when the activity was part of a sporting event, par-ticipants get tested.

BY JAMES KARIUKIkamaukariuki@gmail.com

Marathon champion Samwel Wanjirus family yesterday protested over an inquest started in Nyahururu without their knowledge.

They argued that their exclusion would deny the public the chance to know what killed him.

In a letter to Nyahururu Law Courts, family spokes-man John Mwihia they had not been given a copy of the inquest le to study and pre-pare for the case.

Mr Mwihia said the family believed Wanjiru (right) was murdered and was optimistic the inquest would expose the killers of one of Kenyas most loved athlete.

Muthaiga mansionHe died after allegedly fall-

ing from a 14-foot balcony at his Muthaiga mansion in Nyahururu on May 15, three years ago.

We have been cooperating with Criminal Investigations Department officers at the Nairobi-based Serious Crimes Unit and it is our wish that the inquest be held in Nairobi as

ordered by the High Court in Nakuru, he said in the letter. Mr Mwihia was shocked by the start of the inquest, main-taining that if family was not involved, it would deny crucial witnesses an opportunity to testify and fully take part.

Three postmortem ex-

amination reports prepared by government pathologist Moses Njue, and family pa-thologists Emily Rogena (for Wanjirus mother) and Peter Ndegwa (for Wanjirus wife) have been produced but they have dierent ndings on the cause of death.

An ocial at the Nyahururu Law Courts, Mr S. Munene, conrmed the inquest had started but sought more in-formation on the High Court order, saying they were will-ing to abide by it once it was brought to their attention.

Wanjiru burst onto the world stage with his glorious performance at the 2008 Beijing Olympics, clocking the best time ever of 2:06:32 during which he brought home Kenyas rst gold ever in a marathon.

World recordHe became a profes-

sional at a young age and broke the world record inthe half marathon when he was 18 years old.

In 2007, he broke the 20km road race record and improved the half marathon record by more than 20 seconds.

The following year, he won both the London Marathon and the Chicago Marathon.

Yesterday, Mr Mwihia said the family was eager to get to the heart of the matter, adding that they would not rest until the truth was unearthed.

The case will be mentioned next month in Nyahururu.

Wanjiru kin demandrole as inquest starts

PROBE | Relatives believe their loved one was murdered

Family protests against exclusion from key probe intothe death of athlete

December 30, 2010: Wan-jiru arrested on charges of possessing AK-47 rie.January 2, 2011: He de-nies gun-related and wife assault charges and is re-leased on bond.May 15, 2011: Wanjiru dies.May 17: 2011: Two women claiming to be Wanjirus wives join his ocial wife Trizah Njeri in mourning.May 20, 2011: Wanjirus mother Hannah Wanjiru, 50, claims her son was murdered.

CHRONOLOGY

Champion died in 2011

MAKING A MARK| VPs souvenir

DIANA NGILA | NATIONWorld Bank Vice-President for Sustainable Develop-ment Network Rachel Kyte plants a tree during her tour of the maji mashinani water and sewerage project in Kayoles Soweto slum yesterday.

DAILY NATIONWednesday November 6, 2013 National News 11

I dont panic when a story I have written oends people in authority. But I lose sleep when I learn that a public-spirited whistle-blower who leaked to me top secret documents revealing a shady deal or exposing corruption networks and their allies in top public positions has been traced and risks being red.

Panic sets in when, after running a story, a journalist realises that what was published had exposed his or her publication to a huge defamation suit.

Any editor and gatekeeper would be scared on discovering the following day that an inaccuracy had slipped through the newspaper and that what was published did not meet some of the standards that journalists strive to live by even-handedness, fairness, attribution, fact-checking, and protection of anonymous sources.

And one of the most humiliating moments for an editor is being cornered by a defamation lawyer and having to publish an apology in a prominent position in your newspaper.

Thus, press freedom and bold public interest are already constrained by many factors scores of laws and a Media Council that not only issues

sanctions against breaches of the code of ethics, but also puts out a bulletin periodically to highlight breaches of the code.

Admittedly, there are occasions when some of the activities of the Media Council oended journalists sense of liberty.

Still, we in the media agree that in terms of press freedom, we have made a great deal of progress.

Today, responsible journalism has more or less become a matter of publish and be damned. You cant just write what you want and get away with it.

The framers of the Kenya Communications Bill want to throw us back to the repressive past. We must remind them that press freedom is not a gift to be oered like charity.

It is not a privilege to be negotiated and doled out to those deemed deserving and well-behaved by the likes of Aden Duale, Jamleck

Kamau, Fred Matiangi, or even William Ruto and Uhuru Kenyatta. Press freedom is an indivisible liberty that applies to all Kenyans.

This raging controversy over press regulation is not a battle between the State and journalists. When we journalists or even media owners ght for press freedom, it is not just because we are trying to protect our turf.

What the framers of the contentious Bill are trying to do is ultimately an assault on the people of Kenya. They want to deny the ordinary citizens the freedom to read, see, hear and decide for themselves whether what is reported in the media is true.

When the Inspector-General of Police, Mr David Kimaiyo, issued summonses to investigative journalists to go to his oce for questioning, the intention was to intimidate them. People in authority seek to control the media out of a desire to control what citizens think.

Mr Kimaiyos main beef with the journalists was that they made it possible for the public to see rst-hand the shenanigans of KDF troops at Nakumatts Westgate store.

Yesterday, the Cabinet secretary, Dr Matiangi,

announced that he was setting up a stakeholders committee to look afresh at the controversial Bill.

I dont support this idea of stitching up press freedom behind closed doors by unaccountable committees.

Instead of leaving it to this elitist closed shop, the government should allow more public discussion and engagement on the whole subject of press rst.

We are currently at a crossroads, going through a new wave of illiberalism that has swept through the body-politic with unprecedented ferocity.

Mr Kimaiyos attempt to intimidate investigative reporters was a poignant sign of the illiberal times we live in today.

It is not surprising that the political elite plan to introduce draconian laws to curb the activities of non-governmental organisations.

In the mining sector, cries by investors over the recently introduced regulations which companies nd draconian and anti-enterprise have fallen on deaf ears.

We are learning a compelling lesson about how the tyranny of numbers can aect policy-making.

jkisero@ke.nationmedia.com

They want to deny citizens the freedom to read, see, hear and decide for themselves whether what is in the media is true

GIVE ME LIBERTY . . . | Jaindi Kisero

Press freedom is not a gift from the politicians; its a fundamental right

MPs want to crippleNGOs: Dont let them

T he mood and tone in Parliament yesterday indicates that the House is determined to ram through laws against the free and independent media despite President Kenyattas assurance that no unconstitutional Bills will get his assent.

The Kenya Information and Communications (Amendment) Bill has already won passage in Parliament. All that is required now is the Presidents signature for the most oppressive anti-media laws in Kenyas history to come into eect.

The equally oppressive Media Council Bill is in the House business pipeline and is still being pushed through despite universal alarm and ocial assurances that the government has no intention of gagging the media.

And not content with silencing probably the most vibrant and responsible media in the whole of Africa, the authorities want to cripple another key independent voice that over the past two decades played a pivotal role in the ght for democracy, human rights and good governance. The move to amend the Public Benets Organisations is a clear attempt to neutralise NGOs.

The ght against the dictatorial one-party rule in the early 1990s, onwards to the realisation of a progressive new Constitution in 2010, succeeded in no small measure due to the contribution of NGOs.

By plotting to starve NGOs of foreign donations and directing that all such donations be routed through a State-controlled organ, the government intends to cripple yet another independent voice crucial to holding it to public scrutiny.

Trying to gag media and civil society at the same time cannot be a coincidence. It can only be part of a well-orchestrated scheme to silence all dissenting voices as prelude to something more sinister.

Kenyans must rise up as one and say NO to any threat of a return to totalitarianism.

Get rid of rent-seekersAfricas relatively robust economic growth in the past decade is closely linked to the massive investment on infrastructure.

But it has been observed that infrastructure projects provide opportunities for wheeler-dealers to manipulate the tendering processes. Thus, success of the projects largely depends on strong political will and tenacious ght against corruption.

These observations have come out strongly at a conference of road organisations from some 35 African countries currently under way in Mombasa.

Representatives of the organisations have collectively decried a worrying trend where many road and other projects are compromised through corrupt deals, direct interference by the authorities and shadowy rent-seekers.

The experts note that some projects have been undermined through insucient funding especially for maintenance, poor planning, inordinately long tendering processes, and political meddling.

Clearly, these issues must be dealt with decisively. But the meeting must also oer proposals on how to eliminate rogue contractors. Investment on infrastructure development requires strong political commitment and strict resource management.

A PUBLICATION OF NATION MEDIA GROUPLINUS GITAHI: Chief Executive Ocer

JOSEPH ODINDO: Group Editorial DirectorMUTUMA MATHIU: Group Managing Editor

Published at Nation Centre, Kimathi Street and printed at Mombasa Road, Nairobi by Nation Media Group Limited

POB 49010, Nairobi 00100Tel: 3288000, 0719038000. Fax 221396

editor@ke.nationmedia.comRegistered at the GPO as a newspaper

DAILY NATIONWednesday November 6, 201312 | Opinion

T he term tyranny of numbers is increasingly losing its innocence as Kenyans witness reason being sacriced at the altar of emotions. The electoral governance tools borrowed from the West by Kenya and Africa have yielded greater exclusion from the centre.

Political mobilisation along ethnic lines has given way to tyranny by those in power over the rest. It takes organised groups, visibility and money for the centre to respond to the periphery. That is why the media must come out ghting against this evil tyranny.

The media was accused of disastrous coverage that partly fanned the 2007/08 post-election violence. In 2012/2013, the media spearheaded prayers for peace, but ignored calls to expose Kenyans to the use of reason in electoral processes. The result is that the country is split down the middle between the #weareone and #wearenotone hash-tags.

The contentious Media Bill seeks to impose strict controls on radio and TV broadcasts and huge nes against journalists and media houses that violate the governments set code of conduct.

The opposition to the passage of this draconian law arises from memories of the Moi era when individual freedoms were curtailed in the guise of protecting national security.

The countrys 50th anniversary of

independence has presented great challenges to the media. A keen observer will recall the mind-control type of reporting shortly after the March 4 elections and a similar pattern that was repeated during the unfortunate incident of the Westgate terror attack.

In both cases, Kenyans were subjected to static images of electoral results charts and of a street in Westlands in Nairobi. It is despicable that Kenyan MPs are keen to formalise these very acts of disinformation that have been the hallmark of the Jubilee Year.

In a world driven by reason, Kenya, and by extension Africa, will realise they need a free press to drive state unication, authority and political equality.

A unied state protects individual rights, but the converse is true in a disunited and captured state. Where a state plays its proper role to safeguard

its citizens, its authority drives political equality.

The media has demonstrated that organised groups can fend o onslaughts from the tyranny of numbers. Individuals should emulate the media and organise to open Kenya up for all Kenyans.

A divided Kenya will have a dicult time navigating the rough global seas presented by competing interests from the East and the West. Divisions will force individuals to re-enact the lives of the countrys ancestors who had to surrender to outsiders in order to survive tyranny from their own leaders.

The media should be in the frontline. No group should be allowed to tyrannise others. The country looks up to the media to drive the voice of reason amidst emotions and bigotry.

The publicly owned Kenya Broadcasting Corporation should be subjected to the independence enjoyed by other public commissions so as to rely less on advertisement revenue in exchange for objective news coverage.

It is time to activate the spirit and law of the Constitution to restore Kenya on the path to freedom and prosperity.

Mr Shikwati is the founder-director of the Inter-Region Economic Network and pub-lisher of The African Executive Magazine. (james@irenkenya.com)

MEDIA BILL | James Shikwati

Kenyans must ght tyranny of numbers

In a world driven by reason, Kenya, and by extension Africa, will realise they need a free press to drive state unication, authority and political equality

Dr Mutua outlines his plans for the future of Machakos.

THE CUTTING EDGEBY THE WATCHMAN

TOO LITTLE REST. Driver fatigue is a factor in the increasing number of road accidents in which scores of people are killed, says Faysirlaw Bulle. It is not possible to establish the exact number of sleep-related accidents, but the so-called shift drivers are largely to blame. Another big problem, he adds, is the poor state of most roads, citing the Kitale-Lodwar-Kakuma road. Drivers are not allowed enough rest and this is bound to lead to many accidents. Act on this to save lives, pleads Bulle.

E-mail: watchman@ke.nationmedia.comor write to Watchman

POB 49010, Nairobi 00100 Fax 2213946

MUTUA IS THE MAN. Machakos Governor Alfred Mutuas pretty innovative ideas to attract investment and develop the county are increasingly becoming the blueprint others can base their development plans on, says Bernard Komu. The man seems to know what is good for his people and how to go about getting it. His latest eort is getting the central government to give subsidies to farmers and youth. Should he ever aspire for higher oce, he can be sure of my vote, declares Bernard, whose contact is dikom78@yahoo.com.

BUY A DICTIONARY. Another set of homophones that escaped mention, Fabian Odhiambo says, is phlegm/ame. However, according to the Oxford Learners Dictionary, there is a slight dierence in the pronunciation of the two words. Flame is eim, while phlegm is pronounced em. Also listed are mad/mud, but the former is dragged out. Can the gurus in this rather confusing area of the English language, especially for non-native speakers, shed some light on this? Fabians contact is abu.fabian@gmail.com.

KNEC NOT TO BLAME. Jumping to the defence of the Kenya National Examinations Council over criticism on the setting of the English examination, Richard Kariuki says Kollongei Kipruto got it all wrong on the question about pairs of words that sound the same. According to Richard, the ve pairs of rhyming words in the test were as follows: Flame/phlegm, oors/aws, course/cause, mad/mud and bold/bald. And his advice to Kollongei is: Please invest in a good English dictionary. His contact is mundia@haritsheth-advocates.com.

KISUMU SHODDY. A recent arrival in Kisumu where he has taken up a new job, D. Mokaya says that he is disappointed over the uncovered manholes along footpaths in the residential and commercial areas and lack of streetlights. Residents risk breaking their legs on the road to the Aga Khan Hospital just next to Kisumu Boys School. The streets are so poorly lit that pedestrians could easily slip into the holes and injure themselves. Please x them; cover the manholes.

WHERES SECURITY? Keen to see security beefed up in towns, especially, Nairobi, is Sue McPhee. In recent days, she says, there has been a general increase in insecurity in the capital that calls for urgent action. She is, therefore, unhappy that as insecurity mounts, she has not seen a commensurate increase in police patrols or the general visibility of ocers to give the public an assurance on safety. Karen Hardy and Karen Shopping Centre, she adds, could do with some enhanced security measures.

Have an alert day, wont you!

VALUE ADDITION | Nganga Mbugua

Governors have been going out of their way to court investors through high prole conferences that seek to showcase all that is rosy in their counties. Which is all very well because it promises to create jobs for young people and expand opportunities for doing business among those with capital and drive for enterprise.

That many of these conferences have been successful cannot be gainsaid since the ocials often sign multi-billion shilling contracts mostly with foreign investors.

But the question that should be debated next is whether or not these initiatives will succeed in the long term especially if counties fail to create a conducive environment even for local investors to do business.

In countries like Japan, major industrial players thrive at the end of a supply chain fed largely by medium and small-scale companies, which manufacture specialised goods, be they machine parts or the food and fruits served by the national carrier.

That is why counties would do well to explore ways in which they can make it possible for edgling businesses in the commercial, industrial and service sectors to thrive.

Although there are many people involved in primary

production, say of food, much more needs to be done along the chain to enhance value addition and create opportunities for high quality processing for local consumption as well as for export.

The danger to guard against is a situation where a big multinational player enters a small regional market, but nds that there are not enough subcontractors who have the money and the manpower to play with the big boys.

And I think that is one of the problems facing Turkana County where Tullow Oil, a major player in Africas oil and gas sector, had to suspend operations in the face of protests sparked by demand for jobs and supply contracts among locals.

To avoid such situations,

counties should give small, medium and even large businesses and industries the incentives to grow, especially in this era when the national government has pledged that 30 per cent of tenders will be reserved for youth, women and people with disabilities.

For such companies to develop the systems they need to compete favourably at the national level, they must be nurtured in their own counties.

As it is, there are too many bottlenecks standing in the way of these enterprises, including but not limited to harassment by county ocials who examine their operations with a ne-tooth comb in the hope of nding something amiss so that they can get an avenue to milk them for personal gain; the need for a one-stop shop where enterprises can have their licences and other operational needs met by government agencies working under one roof; harmonisation of taxation to ensure they are not burdened by the demands of national and county governments, and that key services such as roads, water, electricity, garbage collection, drainage and sewerage services are available.

The willingness by business operators to pay for these amenities has never been in question. The problem only arises when they are taxed sometimes a little too heavily

yet the services are never provided.

Even the big foreign investors that governors have been courting will require these amenities once they set up shop in various counties. It is not the duty of large-scale investors to pave roads or tap rivers to generate electricity or trap rain water for irrigation. These are jobs that county governments should take as their primary responsibility.

At the end of the day, counties must aspire to a higher standard of achievement benchmarked on best practices rst in the Third World and then in the developing world. After getting the basics right, they can then aspire to international standards.

The important thing is to ensure that the lethargy that sometimes makes government the enemy of local entrepreneurs does not creep into counties. Counties should seek to rst create jobs and systematically nurture the expansion of a middle class that can spend its disposable incomes on tertiary economic engagements such as tourism and service industries.

In the nal analysis, courting foreign investors ought to go hand in glove with creating room for low and middle level local investors to thrive.

jmbugua@ke.nationmedia.com

Governors investment wish-list is ne,but their counties may not be prepared

Nyeri Governor Nderitu Gachagua and UK envoy Christian Turner at a forum to discuss value addition.

DAILY NATIONWednesday November 6, 2013 Opinion 13

ARREST WARRANT: On Sunday, I was enjoying a delicacy of fried chicken, chips and coke with my aide de camp, but kept thinking just how many doses of ARVs I had abused, having read the story Shock of poultry farmers lacing feeds with ARVs. I believe my good govern-ment will not issue any arrest war-rant for the journalist, terming the story irresponsible journalism that might impact negatively on poultry production and causing partners to scrutinise whether Kenya puts their donation of ARVs to good use.

QUEEREENUSE PACHO O., Nairobi

YESTERDAYS QUESTION

Should NGOs foreign funding be capped at 15 per cent of their budget?

GITHUKU MUNGAI: Money is money! If the NGO is carrying out its mandate and it is not involved in activities meant to undermine the government, the fears are not founded on any ground. Let even 100 per cent of the NGOs funds come from overseas.

BRUNO MP MWIRIGI: No, this would limit their operations in development is-sues. These organisations are non-prot making unless somebody wants them to go into business to sustain their works and compete with other institutions.ENOCK MICHIEKA: No, it should not

be capped at 15 per cent. This will aect the development they make in society.OTIENO JARED: Perhaps the gov-ernment should also cap its external borrowing at 15 per cent and see how it feels. Why cripple the NGOs when the government cannot provide all services?

DEBATE QUESTION

Do you believe Matiangi was in the dark on draco-nian media Bill?Send your comments to:mailbox@ke.nationmedia.com

Media vital for the proper functioning of a democracyThe essence of democracy is that people can take

part in public aairs and choose from a menu of alter-native ideas.

Therefore, democracy is anchored on the presump-tion that the people know what the dierent options are and what each means for their individual lives so that they can make informed choices.

Therein lies the critical role of the media in a de-mocracy. Without a free media there can be no free exchange of information and ideas. Without a free media there can be no democracy. This is why our Constitution underscores the freedom and independ-ence of the media.

Just last week, I wrote on the need for us to allow

the truth to come out and cautioned against threats to journalists who expose excesses and shortcomings in public aairs; these provide a basis upon which Ken-yans can demand change. Media freedom is therefore also necessary for development; thus the media must be able to operate without fear.

True, the media have a big impact on the choices people make, so this freedom has to be exercised with responsibility as guided by a professional code of conduct. But any attempts to regulate the media must live up to the constitutional requirements. I opposed attempts to gag the media in the 10th Parliament as it was against the spirit of the Constitution.

PETER KENNETH, Nairobi

A NATION DIVIDED: I want to tell Gideon Katana (Nation, November 5) that it is now a fact that there are those for ICC and those against; supporters of the President and his deputy and the opposition. When Ju-bilee supporters celebrate a decision of ICC to exempt the Deputy Presi-dent from some sessions only to be reversed, this causes anger. Another section feels that jailing the two Ju-bilee leaders may be an opportunity for their leaders to take over. Attack community leaders and you attack their communities.

SIMON KIOI, Thika

Road carnage is not going to re-duce any time soon if what I experi-enced on Monday on Gitanga Road is anything to go by. At a few min-utes to 11pm, I boarded a bus from Yaya Centre.

A few metres to Braeburn School we encountered a road block with two trac ocers, a man and woman. I am a frequent user of this route, and the faces of these ocers are familiar to me.

The bus stopped, the conductor alighted to talk to one ocer as the other asked the driver about the cracked windscreen. Well look into that, the driver said, and the police woman signalled the driver to move.

The conductor told me; Sh100 is already gone. He tells me it is routine.

Every day PSVs operating on Gi-tanga Road part with Sh100.

There is nothing we can do, so we just have to give them to avoid facing the law, the conductor tells me.

For how long will they continue doing that? More than 2,000 people have been killed so far as a result of road carnage since the year started. The number continues to increase in what has mainly been blamed on cor-rupt trac police ocers. Will Ken-yans continue dying just because a trac ocer was bribed with Sh100?

NIXON KANALI, Nairobi

Bribery of the road as casual as greetings

MATATU MENACE: As you travel from Kisumu to Katito, a distance of 40 kilometres, you will nd at least four police check points. Yet over-loading by PSVs on this route is the order of the day. How does a vehicle carrying 18 passengers instead of 14 manage to get o the hook of these hawk-eyed cops? Who is to blame? I will choose to exonerate the passen-gers because the vehicles dont move until the 18 passenger are packed in. Why cant these matatu operators emulate their counterparts in Nairobi or central Kenya who normally ferry the recommended 14 passengers?

ONOKA ONOKA, Kisumu

Following are the ve basic rea-sons devolution may fail in Kenya.

First, the ongoing stando be-tween the members of County As-semblies (MCA) and the Salaries and Remuneration Commission has brought business to a standstill in the counties.

Secondly, there is no harmony between the Executive arm and the Legislative arm of the counties. There is a lot of suspicion and poor working relationships due to mis-trust.

Thirdly, most governors are know-it-alls who start projects with little or no consultation with the MCAs.

Fourthly, most county assemblies are one party the Ayes assem-blies. Everything that comes from the Executive passes.

Fifthly, most governors and MCAs didnt have a manifesto, so Kenyans will have to wait for some time to see results.

MACHARIA MUTHEE, Muranga

Five factors likely toderail devolution

LET KOGALO BRAG: After a gruel-ling and tough season, Gor Mahia were crowned KPL champions. They now have the bragging rights as kings of Kenyan football. Their victory was not an easy one. It was a culmination of hard work exhibited by the players, technical bench and prudent management. The team has also been buoyed by their enthusi-astic legion of fans. As Gor savour their sweet victory, they must realise that the CAF champions league beckons and must thus prepare. As for now, Gor deserve all the plaudits.

ALEX KIMONDO, Nyeri

It is surprising that the media are crying loudest after Parlia-ment passed a Bill to tame their excesses.

The situation the media nds themselves in is self-inicted and they need no pity, sympathy or empathy.

The Kenyan media have thrown caution and professionalism to the wind. A case in point is a re-cent talkshow where an activist unabashedly referred to President Kenyatta in a derogatory manner, and even drew in the First Mother into his insults.

Why would an accomplished journalist and a host of a national respectable media house host such a talk? I am still contemplating going to court because I was hurt when the presidency was insulted. My President was insulted and I suered emotional and psychologi-cal damages during the talk. I am not a sycophant though.

The media must stand the test of time if for them to have moral authority to inuence and shape opinion. Their biased coverage, and political inclinations will never elevate it.

In the run-up to the March 2013 elections, it was clear that the me-dia had ganged up against UhuRuto, whose win was also to a greater ex-tent a big win against the media. For it was clear, and still is, that ICC is an orchestrated machination and onslaught against UhuRuto, and the media ganged up with the conspira-tors to frustrate their win.

The ICC is now a tool to ght the economies that have turned their

backs to the West and faced East. The media know the truth.

Media managers have a duty to stop the skewed and venomous political coverage. The media must rise above tribalism and nepotism in their coverage. They should air both praise and criticism.

They should also remunerate sta well so that no room is given for financial manipulation and temptations to embrace corrup-tion.

News reporters are the hunt-ers, while the news anchors and editors are the cooks. All must be remunerated well since they are all public gures and they represent

the faces of their media companies. The lifestyles of the media employ-ees should be a clear representation of the companies they work for and not pitiable opposites.

Vulnerable reporters and editors should be given arms or assigned security.

All said, the government how-ever, should not adopt a vengeful approach to tame the media. It should engage stakeholders for advisory purposes especially where crucial Bills that touch on the media are concerned. Killing the media is killing humanity; the media sustain society and therefore life.

SAMSON MBURU, Nairobi

To the editorThe editor welcomes brief letters on topical issues. Write on e-mail to: mailbox@ke.nationmedia.com. You can also mail to: The Editor, Daily Nation, POB 49010, Nairobi 00100. Letters may be edited for clarity, space or legal considerations.

SHORT TAKESTALKING POINT

Media Bill is self-inicted and the Press deserves no sympathy at all

FILE | NATIONA photojournalist covers an event in Nakuru last weekend. Some individuals accuse the Press of bias.

Emails from correspondents

DAILY NATIONWednesday November 6, 201314 | Letter

DAILY NATIONWednesday November 6, 2013 15

BY DOROTHY KWEYUdkweyu@ke.nationmedia.com

If the daily complaints in this newspapers Op-Ed pages are to be trusted, Nairobi is becoming one huge refuse dump.

One of the latest complaints went: Nairobi is becoming increasingly lthy. Today there is garbage all over the place How do we deal with the hawkers responsible for the menace? Can the county government act before an epidemic breaks out?

While the reader singled out hawk-ers, garbage handling is easily the greatest challenge Governor Evans Kidero faces in managing the city.

According to Mathieu Mrino in an article titled Management of garbage in Nairobi: Perspectives of restructuring public action, in the book: Nairobi Today: The Paradox of a Fragmented City; public services, particularly management of garbage, beneted from major investments by the colonial authorities from the be-ginning of the 20th Century.

By 1910, the town authorities were using enough sta to ensure the regu-lar cleaning and maintenance of public

areas (especially the streets) and the collection and disposal of garbage, writes Mrino, adding, waste man-agement worked relatively well until the mid-1970s.

Today, a combination of factors, in-cluding an apparently overwhelmed county government and Nairobians peculiar habits of relieving themselves on pedestrian overpasses, has ensured that footbridges that were meant to minimise road accidents are rarely used.

And what seemed like public health crisis has morphed into a security issue following the recent Dandora dumpsite gang shootings.

The population of the 32,000-square-kilometre city has grown from 325,000 people 50 years ago to 3.1 million as per the 2009 cen-sus, which is perhaps why Governor Kidero appointed one-time Nairobi Town Clerk John Gakuo to take charge of the Water, Forestry and Natural Resources docket.

Although he was sworn into oce mid-September, Mr Gakuos appoint-ment is yet to yield any fruitsa paradox given that during his ten-ure as town clerk, Nairobi acquired some semblance of cleanliness, hence Nairobians excitement when he was appointed to his current docket.

Ironically, several initiatives have been undertaken over the years to restore Nairobis lost glory.

Back in June 1994 when the Kenya National Environmental Action Plan (Neap) was evolved, strategies were forged whose implementation would have made the citys ubiquitous gar-

bage menace history.Nemas first director-general

Michael Koech told the Nation in an interview that environmental pollu-tion and solid waste management was among the nine task forces he formed in the build-up to the drafting of laws to protect Kenyas environment.

The Neap was the backbone of an environmental Bill that resulted in the 1999 Environmental Management and Coordination Act, Prof Koech of Kenyatta University said.

The law, he says, has everything needed to manage solid waste.

Neat and liveable The October 2010 Preparatory

S