ALSO INSIDEALSO INSIDE

4INJMMJPOSPTFXPPEUJNCFSSFDPWFSFEBUQPSU,84DPOlSNTXJUI.BMBHBTZBVUIPSJUJFTUIBUUIFIBSEXPPEDPOTJHONFOUJTJOEFFEBOJMMFHBMFYQPSUBy PHILIP MWAKIO

Three months of tracking traffi ckers, exchange of intelligence between conservation authorities in Kenya, Madagascar and across the world led to the weekend bust of a multi-million shilling illegal trade in endangered rosewood species, native to Madagascar.Reports indicate that the vessel

which brought the cargo, valued at Sh584 million, to Kenya was initially expected to dock at the Port of Mombasa in March but suddenly changed route.Furthermore, three other ships,

which were being tracked on suspicion of ferrying the timber species, also failed to dock at the port, as scheduled, in April without explanation.The Standard has established

that the collaboration, which led to recovery of the cargo, involved working with a network of interna-tional intelligence sources who monitor illegal trade in fl ora and fauna.

After the cargo was recovered, Kenya Wildlife Service (KWS) said it had confi rmed with authorities that the rosewood consignment inter-cepted at the Port is indeed an illegal export.

TRAILING CARGOWe have confi rmation from the Cites (Convention on International Trade on Endangered Species) offi ce in Madagascar that there are no quota allocations for the export of rosewood since a ban on its exploitation is still in place, said KWS Assistant Director, Coast Conservation Area Arthur Tuda.

Tuda said the consignment was found in 34 containers which were off loaded at the port from a vessel that had arrived from, Zanzibar for transhipment to a consignee based in Hong Kong.He said each of the 20 feet

containers were packed with rosewood and the street value of the cargo in each container would be Sh17 million. The containers are now under 24-hour guard at the Port.

Tuda explained that his team of intelligence offi cers, working in close collaboration with international sources, had been trailing the illegal cargo after getting a tip on March 20, 2014.

When we fi rst started tracking the illegal cargo, we were keen on a

vessel that was scheduled to call at the Port of Mombasa around March but it never got here, he said.Tuda said they later learnt that

three other ships, on the radar for illegal rosewood consignment, were expected to dock at the port on April 11, 2014.

EVENTS SEQUENCEThe vessels changed their entry dates to April 17 but they did not show up. We, however, did not give up and asked fi rms, tasked with ship movement in and out of the Port for assistance, said the KWS offi cial.

Tuda said failure by the vessels to call at the port created suspicion and they kept vigil. They were later informed that another vessel was heading toward the port and would be docking by May 19.He said once the vessel got to

Mombasa, they scrutinised its cargo manifest and found it had been listed as transhipment, to be

offl oaded into another vessel.This was meant to hoodwink us. In fact, the manifest indicated that the cargo onboard was ordinary wood, he said.Tuda said this further confi rmed

their suspicions since there is nothing like ordinary wood. Each piece of wood is from a certain specie and the exporters are required to be specifi c.With all these factors in place,

we opened the containers and confi rmed our suspicions. We are now awaiting further communica-tion from our Malagasy counterparts before we agree on the mode of disposal for the illegal consign-ments, he said.The expos by KWS comes at a

time when Environmentalists and the international community are trying to fi nd ways of limiting damage caused by an increase in illegal logging of precious hard-woods in Madagascar.

A KWS ranger views Malagasy rosewood timber seized at the Port of Mombasa

on transit to Hong-Kong from Zanzibar. [PHOTO: GIDEON MAUNDU / STANDARD]

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Page 23

LEARNING: Boarding primary schools to combat illiteracyMombasa County Education Director Abdulkadir Kike has said the national Government intends to build boarding primary schools in various sub-counties as a strategy to combat illiteracy in the area.Speaking yesterday during the launch of the Jitegemee Project by Kenya Red Cross society, Kike said the Government has already built two schools, Jomvu Girls Secondary School and Bububu Secondary School and seeks to establish another.He said Sh25 million had been released for development of schools and added that the two schools will be equipped to ultra-modern status.Kike said there is concern over the low transition rate from primary to secondary schools to tertiary level.I do not know where the children are. Most have not reported to school for second term. We need to analyse how many students are in class and map the way forward, he said.

ACCUSED: Kaguthi says leaders are to blame for travel advisoriesThe National Chairman of the Task Force on Community Policing, famously known as Nyumba Kumi, Joseph Kaguthi has accused some political leaders of supporting terrorist

organisations and orchestrating Western travel advisories that have wrecked Kenyas tourism sector.Speaking at Tiwi market in Kwale County yesterday, Kaguthi (pictured above) said some leaders have been giving Kenya a bad image, making many foreigners afraid of visiting the country.

The hotel I slept in had less than 30 guests yet it can accommodate around 300 guests. There is a possibility that the leaders are telling foreigners bad things about our country, he said.Kaguthi said the leaders doing this

do not have the countrys interest at heart.

Page 23

MOMBASA COUNTY

MOMBASA COUNTY

TAITA TAVETA COUNTY

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USBOTQPSUGSPNDJUZ$#%

#FHJOOJOH5PEBZ

Wednesday, May 28, 2014 Counties FROM THECoast & Eastern NewsALSO INSIDE

4INJMMJPOSPTFXPPEUJNCFSSFDPWFSFEBUQPSU,84DPOlSNTXJUI.BMBHBTZBVUIPSJUJFTUIBUUIFIBSEXPPEDPOTJHONFOUJTJOEFFEBOJMMFHBMFYQPSUBy PHILIP MWAKIO

Three months of tracking traffi ckers, exchange of intelligence between conservation authorities in Kenya, Madagascar and across the world led to the weekend bust of a multi-million shilling illegal trade in endangered rosewood species, native to Madagascar.Reports indicate that the vessel

which brought the cargo, valued at Sh584 million, to Kenya was initially expected to dock at the Port of Mombasa in March but suddenly changed route.Furthermore, three other ships,

which were being tracked on suspicion of ferrying the timber species, also failed to dock at the port, as scheduled, in April without explanation.The Standard has established

The Standard has established

The Standardthat the collaboration, which led to recovery of the cargo, involved working with a network of interna-tional intelligence sources who monitor illegal trade in fl ora and fauna.

After the cargo was recovered, Kenya Wildlife Service (KWS) said it had confi rmed with authorities that the rosewood consignment inter-cepted at the Port is indeed an illegal export.

vessel that was scheduled to call at the Port of Mombasa around March but it never got here, he said.Tuda said they later learnt that

three other ships, on the radar for illegal rosewood consignment, were expected to dock at the port on April 11, 2014.

offl oaded into another vessel.This was meant to hoodwink us. In fact, the manifest indicated that the cargo onboard was ordinary wood, he said.Tuda said this further confi rmed

their suspicions since there is nothing like ordinary wood. Each

A KWS ranger views Malagasy rosewood timber seized at the Port of Mombasa

on transit to Hong-Kong from Zanzibar. [PHOTO: GIDEON MAUNDU / STANDARD]

WHAT HAPPENEDI\Zfm\ipf]k_\ZXi^fnXjXjXi\jlckf]k_i\\dfek_jkiXZb`e^Xe[\oZ_Xe^\f]`ek\cc`^\eZ\n`k_mXi`fljjfliZ\jK_\Zfej`^ed\eknXj[`jZfm\i\[`e*+#)']\\kZfekX`e\ijdXib\[]fi

LEARNING: Boarding primary schools to combat illiteracyMombasa County Education Director Abdulkadir Kike has said the national Government intends to build boarding primary schools in various sub-counties as a strategy to combat illiteracy in the area.Speaking yesterday during the launch of the Jitegemee Project by Kenya Red Cross society, Kike said the Government has already built two schools, Jomvu Girls Secondary School and Bububu Secondary School and seeks to establish another.He said Sh25 million had been released for development of schools and added that the two schools will be equipped to ultra-modern status.Kike said there is concern over the low transition rate from primary to secondary schools to tertiary level.I do not know where the children are. Most have not reported to school for second term. We need to analyse how many students are in class and map the way forward, he said.

ACCUSED: Kaguthi says leaders are to blame for travel advisoriesThe National Chairman of the Task Force on Community Policing, famously known as Nyumba Kumi,Joseph Kaguthi has accused some political leaders of supporting terrorist

organisations and orchestrating Western travel advisories that have wrecked Kenyas tourism sector.

MOMBASA COUNTY

MOMBASA COUNTY

TAITA TAVETA COUNTY

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#FHJOOJOH5PEBZCountiesountiesWednesday, May 28, 2014 ountiesWednesday, May 28, 2014

FROM THE

Coast & Eastern News

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By JOB WERU

Several demonstrators protesting

the incessant wildlife attacks in

Laikipia North Sub-County were

yesterday injured after police moved

in to bar them from accessing

Laikipia Governor Joshua Irungus

offi ces in Nanyuki town.

The demonstrators, decked out

in Maasai shukas, engaged police in

running battles for several hours

disrupting business in the town.

Transport was also paralysed along

Nairobi-Isiolo highway for hours.

The protestors, who had

travelled from various parts of

Laikipia North Sub-County, accused

Kenya Wildlife Services (KWS) of

failing to end animal attacks in the

area.They claimed that

about 20

people have in the last one year

been killed by rogue elephants, with

tens of others left nursing serious

injuries. Mr Peter Kilesi, a c

ommunity

leader, said a child is still admitted

to Cottage Hospital in Nanyuki after

he was attacked by an elephant.

WOMAN KILLED The boy suffered l

imb fractures

and KWS claims they cannot kill a

calfi ng elephant while the same

elephants do not spare our mothers

and children, said Kilesi.

Last week, the mother-in-law of

County Executive for Trade and

Investment Executive Jane Putunoi,

was killed by an elephant.

The protestors marched from

Thingithu area to Nanyuki town and

forced their way into the county

headquarters and demanded to be

addressed by County Commissioner

Wycliffe Ogallo.

However, Laikipia East AP

Commander John Tarus prevailed

upon them to wait for the adminis-

trator outside his offi ce.

The group then marched

towards the governors offi ce before

police, led by area OCPD Kegode

Kidiavai, blocked them.

The protestors, led by Lekorere,

engaged the law enforcers in a

heated exchange before Kiadiavai

ordered anti-riot police to disperse

them.The offi cers were fo

rced to fi re in

the air after some protestors

declined to disperse despite the

heavy cloud of tear gas.

I will not budge. Why are you

fi ring bullets at peaceful demonstra-

tors? We are ready die because if we

go back home without a solution,

we are still going to be killed by your

elephants, protested Lekorere, as

the rest of the group threatened to

go and kill the elephants.

They were later joined by their

Ward Representatives Paul Leb-

eneiyo and Jacob Edung, who

accused police of harassing peaceful

demonstrators.The group staged a

nother

attempt to raid the governors

offi ces, but a contingent of APs

lobbed teargas canisters at them,

forcing them to disperse.

Business in the upper section of

Nanyuki town was disrupted for at

least two hours as the demonstra-

tors faced off with the police.

Later, the County Commissioner

and the Governor met their

representatives at his boardroom

where they apologised for polices

use of force against them.

We are sorry for what has just

happened. We know you came

peacefully to present your griev-

ances, said Ogallo.

Irungu urged them to be calm as

they seek a solution to the crisis.

By the time of going to Press, the

offi cials were still holed up in a

meeting. Lebeneiyo and a fo

rmer a

councillor, Eric Kasana, demanded

immediate disciplinary action

against Kidiavai, saying he ordered

his offi cers to clobber the protestors.

I am ready to resign if no action

will be taken against him, said

Lebeneiyo.

Demonstrators prot

esting increased cases of wildlife attacks

in Laikipia North

Sub-County face off with police in Nan

yuki town. The offi cers had blocked

them from presenting their petition to

area Governor Joshua Irungu. [PHOTO:

JOB WERU / STANDARD]

ENDURING CRISIS

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Wednesday, May 28, 2014 / The StandardPage 2 / NATIONAL NEWS

CORD vows to defy Kimaiyos ban on rallies

to security reasons, said Kimaiyo in the statement. He cited the pro-visions of the Public Order Act, CAP 56 as the law that allowed him to ban the meetings.

The section gives the police powers to, among other things, cancel pubic meetings in cases of insecurity or to enforce curfews.

Kimaiyo, however, went on to say the Madaraka Day (June 1) na-tional celebrations to be presided over by President Uhuru and Ruto would go on.

This order is issued against the backdrop of various aspects of inse-curity which we are currently address-ing, he said.

He explained he would meet the Opposition leaders to explain the rea-sons for banning the meetings and processions.

Kimaiyo asked Kenyans to desist from participating in the meetings and processions, arguing the country has been faced with incidents of insecurity where criminals and other elements of terror have caused death and injury.

The IG told Kenyans to under-stand that the activities have the effect of destroying the countrys economic growth and even potential of hurting innocent people.

But CORD leaders led by Senate Mi-nority Leader Moses Wetangula ex-pressed fury at the ban immediately af-ter Kimaiyos statement.

The leaders explained they had laid down a plan of action that would see

results, was triggered by the ban an-nounced by Inspector General of Police David Kimaiyo.

Curiously, the ban came after Jubi-lees pointman in Parliament Aden Du-ale, announced that the Presidents team would hold a parallel rally in Nai-robi, reportedly to try and defl ect or di-lute the attention Railas would get.

Duale said Jubilee was not aware why Kimaiyo banned the rallies and would issue a statement on the same today.

Yesterday, in what could reignite the bitter memories of pro-reform protests broken up by police in the 1990s, Railas team announced they would defy the IG and turn up not just for one rally, but also hold warm-up rallies in ad-vance.

CORD leaders had made elaborate arrangements to welcome Raila, who has been in the US for the last two months, capping the day with a rally that would allow him to address Ke-nyans on the weighty issues facing the country at Uhuru Park.

The coalition claimed its initial plans to use the open grounds at Ke-nyatta International Convention Cen-tre were scuttled by the State.

CORD which has been holding warm-up rallies at various parts of the city in readiness for Railas arrival with a grand one scheduled for Nairobis Uhuru Park on Saturday vowed to ig-nore Kimaiyos directive, setting the stage for a possible clash between po-lice and its supporters.

CONSTITUTIONAL RIGHT CORD co-principal and former Vice

President Kalonzo Musyoka scoffed at the police ban, saying gatherings and political rallies are rights and not fa-vours. The Right to Assemble is a Con-stitutional Right and not a favour from Government. I am not aware that the Constitution has been suspended. Therefore the order by the IG is uncon-stitutional and is accordingly null and void. The country is not in any emer-gency, or is it? Kalonzo posed.

Yesterday, Kimaiyo, in a brief state-ment declaring the ban on political ral-lies, cited insecurity as the cause of the cancellation, adding that they had in-formation that criminal elements might take advantage of the rallies to cause mayhem. I have cancelled all political parties rallies until further notice due

CORD hold rallies every weekend starting from Friday

in Dagoretti and ending up with the major rally on Saturday, and that the ban would not deter them from their planned activities.

As CORD, we have a programme to receive our leader. We will have a pro-cession from the airport, followed by a rally at Uhuru Park. The decision to ban political rallies is a cowardly act and we have no doubt that this is meant to de-rail the constitutional activities of our coalition, said Wetangula.

As a build-up to the Saturday rally, CORD announced

it would hold another rally on Friday at Dagoretti and dismissed claims by the police that terrorists planned to infi l-trate their meetings.

What the Inspector General is tell-ing Kenyans and the world is that ter-rorists are winning. We shall not live in fear and we shall not fear to live. We shall not fear to act or act in fear, Wetangula declared.

Senator James Orengo dared the se-curity forces to break up the Saturday rally and warned the coalition will not allow the country to be dragged back to

James Orengo: We have seen this before and we know what to do in this kind of situation. We will not be cowed.

Moses Wetangula: We will have a procession from the airport, followed by a rally at Uhuru Park.

David Kimaiyo: I have cancelled all political rallies until further notice due to security reasons.

to security reasons, said Kimaiyo in

say the Madaraka Day (June 1) na-tional celebrations to be presided over by President Uhuru and Ruto

This order is issued against the backdrop of various aspects of inse-curity which we are currently address-

He explained he would meet the Opposition leaders to explain the rea-sons for banning the meetings and

Kimaiyo asked Kenyans to desist from participating in the meetings and processions, arguing the country has been faced with incidents of insecurity where criminals and other elements of

CORD hold rallies every weekend starting from Friday

As a build-up to the Saturday rally, CORD announced

it would hold another rally on Friday at Dagoretti and dismissed claims by the

kind of situation. We will not be cowed. by a rally at Uhuru Park.

the days of one-party rule. We have seen this before and we know what to do in this kind of situation. We will not be cowed. By banning political rallies, the government is telling us that nor-mal life cannot continue as normal, he added.

Orengo further stated: The Inspec-tor General of police cannot act unilat-erally. The powers that exist today can-not be stronger than those that we fought against. The current govern-ment is a mere paper tiger that cannot match the power of the people.

Earlier in the day, an attempt by CORD leaders to seek security guaran-tees from the police aborted.

Perhaps in anticipation of the police statement, the CORD leaders pitched camp at Jogoo House waiting to react to the police statement. They also dis-closed that the Government had frus-trated efforts to book KICC grounds where they had initially planned to hold the rally.

NOT SCAREDMachakos Senator Johnstone Muth-

ama maintained they would not be scared by the order and announced they would pitch tent in Mathare today and on Saturday at KICC.

These are rights guaranteed in the Constitution. The problem is that Ju-bilee is not ready to be challenged. True democracies must accept chal-lenges, he said, adding that nobody under the 2010 Constitution can be prohibited from holding rallies.

Former National Assembly Dep-uty Speaker Farah Maalim warned the police would be held responsi-ble should the CORD leaders be harmed in any way. If anything happens to CORD leadership we will hold the government respon-

sible. We take this to mean that any-thing can happen to us, added Maa-lim.

Suna East MP Junet Mohamed ac-cused Kimaiyo of taking Kenya back to the era where a police chief would make unilateral decisions.

What Kimaiyo is doing is uncon-stitutional and we as members of CORD will go to the airport to receive the former Prime Minister. The Consti-tution states that there is freedom of as-sociation and assembly, said Mo-hamed.

Additional reporting by Geoffrey Mosoku, Rawlings Otieno and Felix Ol-ick

Continued from P1

Wednesday, June 19, 2013 / The StandardNATIONAL NEWS / Page 3Wednesday, May 28, 2014 / The Standard

By WAHOME THUKU

A conflict in the strategies applied by the Government in fighting terror-ism is now the subject of debate be-tween top security organs and the Ju-diciary.

In focus is the manner in which terror-related cases are investigated and suspects prosecuted by security agencies and how they are handled by the courts.

The concerns have prompted the Judiciary to call for round-table meet-ings between its top officers and the heads of all security organs to delib-erate on how to deal with terrorism within the confines of the law.

Top officials meet over terrorismCJ holds talks with Interior, Defence Cabinet secretaries and other security bosses on how to deal with suspects

The dispute has been brought about by the fact that police have tended to prefer extra-judicial short-cuts in dealing with terror suspects, while the courts insist on following the law.

And although this controversy has existed over the past months, it shot to the fore following the terror attack on two commuter buses along Thika Highway on May 4 this year, during which three people were killed and others critically maimed.

Soon after, Deputy President Wil-liam accused the Judiciary of frustrat-ing the war on terror by releasing sus-pects on bail. The Judiciary defended itself insisting that it was only follow-ing the law.

Ruto spoke only days after Mom-basa County Commissioner Nelson Marwa gave security officers a clear-ance to shoot dead all terror suspects arguing that taking them to court would be an exercise in futility.

Marwa said that it is practically impossible to gather evidence against someone who has already killed his victims, adding that he or she should be gunned down.

The first meeting between Chief Justice Willy Mutunga and heads of security agencies was held on Mon-day at the Supreme Court. It was at-tended by Interior and Coordination of National Government Cabinet Sec-retary Joseph ole Lenku, his Defence counterpart Rachael Omamo, Chief of Defence Forces Julius Karangi, In-spector General David Kimaiyo, CID boss Ndegwa Muhoro and his Nation-al Intelligence counterpart Michael Gichangi among other security offi-cials.

Also in attendance was Chief Reg-istrar of the Judiciary Anne Amadi and several senior judges.

UncOnsTiTUTiOnAl WAyA follow-up meeting between se-

curity chiefs and judges will be held tomorrow to discuss counter-terror-ism measures within the context of the Constitution and international human rights law.

On Friday, the National Council on Administration of Justice will also meet to discuss the same issue.

According to the Director of Public Prosecutions Keriako Tobiko, the war

on terrorism can be jeopardised by the kind of investigations applied to suspects by law enforcers. If the evi-dence against terror suspects is ob-tained in an unlawful and unconsti-tutional way, it cannot be admissible in court, Tobiko told journalists at a recent meeting of State Counsels.

The same sentiments were echoed by the Law Society of Kenya chairman Eric Mutua who said the war on terror could be lost due to unconstitutional modes of conducting it.

The specific question being dis-cussed therefore is how to conduct in-vestigations and how to treat arrested suspects without violating their con-stitutional rights.

One area of concern is the right to bail granted by the Constitution to all criminal suspects unless in situations where there are compelling reasons to deny them.

Some leaders have proposed that the Bill of Rights in the Constitution be amended specifically to remove the right to bail for terror suspects.

Such an amendment however can only be approved by the whole coun-try through a referendum.

Vice-President William Ruto shakes hands with Keroche Breweries founder Tabitha Karanja (left) after they officially launched Keroche Foundation at Laico Regency hotel yesterday. [PHOTO: PHOTO:JENIPHER WACHIE/STANDARD]

By JAMEs AnyAnzWA

The National Treasury will ta-ble before Parliament a supple-mentary budget that it has fac-tored into the controversial payment of Sh1.4 billion to Anglo Leasing firms.

National Treasury Cabinet Sec-retary Henry Rotich yesterday said the payment to Anura Perera was effected through reallocation of funds from projects that never took off during the current finan-cial year (2013/2014) such as the Sh53.2 billion laptop project.

Mr Rotich said the expenditure would be regularised through the second supplementary budget.

We had to provide for that payment given that it was an es-sential expenditure for us to do in terms of going forward. We had to reallocate other resources from some projects which had not yet been implemented such as the laptop project and others, Rotich told reporters in Nairobi yester-day.

He added: We are going to reg-ularise that expenditure in the supplementary budget 2. We have already finished supplementary budget 1. I think it was prudent for us to pay now and avoid interests and penalties of Sh260,000 per day.

rEvErsE TrEndRotich however said the Gov-

ernment would not pay the Sh3.05 billion additional claims by Pere-ra.

No we are not paying any oth-er, he said.

Rotich was fielding questions from reporters after officially opening a Leasing Convention in Nairobi yesterday.

Last week, the National Trea-sury disregarded Parliament and went ahead to pay the Sh1.4 billion owed to two firms for Anglo Leas-ing-type contracts.

Acting on an email communi-cation from the Head of the Presi-dential Strategic Communication Unit, Manoah Esipisu the National Treasury wired the money to Anu-ra Pereras agents through a NatWest Bank account in the Unit-ed Kingdom under the account name Traverse Smith LLP number 00859185.

This happened after President Uhuru Kenyatta instructed the Treasury Cabinet Secretary to set-tle the payments. The payment has met intense resistance from the of-ficial opposition CORD and the Law Society of Kenya.

Laptops cash used to pay

Anglo Leasing

By DPPS

The Government has launched mentorship programmes for students across the country to help in the fight against negative ethnicity, Deputy President William Ruto has said.

Ruto said the Government will partner with the private sector in the programme which aims to bring to-gether students from all ethnic com-munities to visit different parts of the country and preach peace and recon-ciliation among Kenyans.

The Deputy President said the first group under the volunteer mentor-ship involving more than 5,000 stu-dents will start its peace mission in September this year for a period of six to nine months.

We want Kenyans to move away from the culture of my tribe to that of my country, said Mr Ruto Aggrey Sande, during the launch of Keroche Foundation at a Nairobi hotel.

The Deputy President called on leaders to unite all communities, not-ing that development will be elusive if the country is not united.

nATiOnAl prOspEriTyRuto further said that the Jubilee

administration was committed to the establishment of Technical Training Institutes (TTIs) to promote a knowl-edge-based economy to improve na-tional prosperity and global competi-tiveness.

The Deputy President commend-

Students set to become peace ambassadors

ed Keroche for supporting young en-trepreneurs by building confidence and skills to lead effective transforma-tion in their communities.

Chief Executive Officer and found-er of Keroche Foundation Tabitha Karanja and Managing Director John Nyongesa said the foundation aims to positively impact the face of Kenya entrepreneurship by working with young businesses and watershed

ideas. Nakuru Governor Kinuthia Mbugua, Kajiado Senator Peter ole Mositet, Molo MP John Macharia and Jomo Kenyatta University of Agricul-ture and Technology Vice Chancellor Prof Mabel Imbuga, among others, at-tended the function.

The Deputy President said this will go a long way in ensuring quality, eq-uity and reliability in delivery of post-secondary education.

He said the institutions will help develop youth expertise and skills necessary for the envisioned double digit economic growth.

We want to develop youth exper-tise and skills necessary for the achievement of the Vision 2030. We want to have manpower skills and competence to tap the talent of the young people to drive the economy, said Ruto.

Page 4 / NATIONAL NEWS Wednesday, May 28, 2014 / The Standard

Education officials row for control in counties

Under this arrangement, the min-istry CDEs are secretaries to the coun-ty boards. We want clear manage-ment structures at the county that create clear linkages between the Na-tional Education Board (NEB), the CEBs and the CDEs, said James Kan-ya, the deputy vice chair of the CEB chairpersons caucus.

The chairpersons also want the ministry to conduct a thorough in-duction for county government exec-utive secretaries of education.

They are largely influenced by the Senate. They are reluctant to read the education Act and so they come with the monies, their offices and the po-litical will. This must be addressed, said one of the chairpersons.

Section 18 (2) of the basic educa-tion Act reads: The CEB may in con-

By AUGUSTINE ODUOR

The Education ministry is dealing with supremacy battles that now threaten implementation of policies at the county level.

Adding to the troubles of the min-istry are the newly appointed County Education Boards (CEBs) chairper-sons who now want a clear seniority line drawn between them and the County Directors of Education (CDEs).

At a charged stakeholders meeting presided over by Education Cabinet Secretary Jacob Kaimenyi, the over 40 chairpersons said they want to know who is the boss in the county manage-ment of education. This comes hot on the heels of the simmering sour rela-tions between the Teachers Service Commission (TSC) county directors and those of the ministry.

But the CS made it clear that the CEB chairpersons are the bosses at the county. The CDEs are secretaries in the board and you are the chair-man. So clearly you are the boss, said Kaimenyi.

Section 18 of the Basic Education Act 2013 establishes the CEBs, which are mandated to among other things, co-ordinate and monitor education and training in the county on behalf of the national and the county gov-ernments.

The boards are also expected to coordinate with all relevant agencies to ensure that all the barriers to qual-ity education are removed and also work with national government to fa-cilitate realisation of the right to edu-cation within the counties.

Education Cabinet Secretary Prof Jacob Kaimenyi and PS Bellio Kipsang (inset) address chairpersons of the County Education Boards at the Kenya Institute of Curriculum Development, Nairobi, yesterday. [PHOTO: DAVID NJAAGA/STANDARD]

In bid to end controversy, Prof Kaimenyi clarifies that chairpersons of newly appointed boards are in charge of counties as directors are board secretaries

By GEOFFREY MOSOKU

A lunch meeting between Pres-ident Uhuru Kenyatta and MPs from the Mt Kenya region has been cancelled.

The MPs, under the auspices of Central Kenya leaders, were set to meet Uhuru to discuss various issues, key among them the im-pending censure Motion against Devolution Cabinet Secretary Anne Waiguru.

Uhuru is seeking to marshal his troops to forestall squabbles that have seen a member of TNA party, Mithika Linturi, sponsor a Motion to eject Waiguru.

Sources say initially, only a se-lected group of MPs from the re-gion, who are perceived to be in-fluential, were invited but it was insisted the meeting should in-corporate all the MPs and sena-tors from the region.

However, shortly before mid-day when the meeting was sched-uled to start, the legislators re-ceived short text messages informing them of the postpone-ment of the meeting to Thursday.

We have been told the meet-ing has been pushed to Thursday. No reason has been given, Molo MP Jacob Macharia said.

But, State House Spokesman Manoah Esipisu said Uhuru had a tight schedule thus the postpone-ment.

He (President) could still have met them but for only 30 minutes which was not sufficient and thus we have now fixed it in the diary for Thursday so that they have sufficient time to discuss, he said.

The decision to host only a section of Jubilee MPs was also raising eyebrows with some coali-tion leaders asking why they were not included.

However, State House defend-ed the Presidents meeting saying this particular one was requested by the Central Kenya MPs.

MPs meeting with President

cancelled

ROLE OF CEBs Some of the functions of the CEBs are to plan, promote, de-velop, and co-ordinate educa-tion, training and research in the county They are also expected to reg-ister and maintain a data bank of all education and training in-stitutions within the county and monitor curriculum implemen-tation in basic education Most importantly, the boards are expected to monitor con-duct in examinations and as-sessments in the county

sultation with the NEB and relevant stakeholders appoint a sub-county education office with clear functions and powers.

Dr Kanya, who is also the chair-man of Embu County said: There is ambiguity here what is their role and how shall we deal with them?

In a candid and elaborate demand list presented yesterday, the chairper-sons said they are ill equipped to serve in their new stations.

On top of the list of their demand are working spaces complete with re-source persons in addition to a raft of allowances they want factored in the budget for the next financial year.

TRANSpORT AllOwANcESWe need monthly allowances,

meeting allowances, airtime allow-ances and transport allowances, said Kanya who made the presentation on behalf of the chairpersons adding that they want to be given iPads or tablets for ease of communication.

Kanya said the demands were a re-sult of a consultative meeting held last month.

Also present was the Principal Sec-retary for Science and Technology, Prof Colletta Suda.

Education PS Bellio Kipsang said the ministry has requested for some

money be allocated to them in the next financial year. We have request-ed for monies for office space and we are also aware of the allowances, said Dr Kipsang.

Kaimenyi however said the Sala-ries and Remuneration Commission (SRC) must address some of the re-quests made by the chairpersons. We ask you to be patient as we also follow the set procedures in addressing these issues, he said.

Kipsang said SRC has responded to their letter and noted that more de-tails are needed by the Sarah Serem team to enable them make certain decisions.

At the same time, the chairpersons also want resource persons who will assist them at the county offices and noted that the nature of their work re-quires a separate space from where they are currently hosted. The 47 chairpersons are currently hosted at the CDE offices.

When I look around I see men and women who are well placed in the society and capable. You cannot run away from these challenges; you must look for solutions, said Kaimenyi.

Last week, TSC Secretary Gabriel Lengoiboni said the roles of TSC county directors are clearly spelt out in their appointment letters.

Page 5Wednesday, May 28, 2014 / The Standard

Wednesday, May 28, 2014 / The Standard

situation in the outlook for the hospi-tality industry as gloomy, warning that the layoffs currently being wit-nessed will to continue with more international conferences cancelled or postponed.

Unconfirmed figures put the number of employees laid off by the hotels in Coast region at over 7,000, but the tourism experts say the knock-on effects of the sectors slump may be higher.

KAHC said it could not confirm the number of employees laid off so far until it carries out a research but warned that those affected might stay jobless until October unless the advi-sories are lifted. Traditionally, the high season starts in June.

The hotel operators now want President Uhuru Kenyatta to give the Tourism ministry a substantive Cabi-net Secretary and Permanent Secre-tary to deal with the problem.

KAHC said security experts they invited from Switzerland to advise operators on security matters during a tourism symposium scheduled for the end of the year have also turned them down citing security fears.

The situation has escalated from bad to worse. We have never seen such big numbers of hotels close down in the history of this country and the raft of measures announced by the Head of State may not work if the issue of insecurity is not dealt with, said Macharia.

He said it was surprising that de-

spite the terror attacks witnessed across the globe, the West singled out Kenya for advisories. He warned that the best intervention lies in making the international community to trust the Kenyan security system.

The hoteliers said that they will identify a specialist to carry out a re-search on the impact of the advisories on the sector, but noted that Kenya may not recover in time for the start of the high season in mid-June.

President Uhuru Kenyatta on Fri-day last week unveiled nine key mea-sures to save tourism, but some will require parliamentary approval.

Yesterday it emerged that the hotel owners plan to hold workshops for MPs to brief them fully on the scale of the problem.

We have established a fund and we want to raise between Sh14 mil-lion to Sh20 million to sensitise the MPs so they can understand why the measures announced by the Head of State, including the issue of VAT, are absolutely necessary, said Mr Mach-

aria.KAHC said they plan to meet the

parliamentary committee on Trade and Tourism in two weeks time be-fore meeting the security committee over the proposed measures an-nounced by President Kenyatta.

Mr Kenyatta ordered the scrap-ping of VAT on air tickets and park entrance fee, which were introduced under the VAT Act 2013.

Also, employers who pay for a weeks holiday for their staff would

get the costs deducted from their taxes.

Yesterday, Kwale and Mombasa counties also announced some mea-sures to ease the pressure on the sec-tor.

Kwale County will waive the bed levy it had included in this years fis-cal estimates that was expected to bring in revenues of over Sh73 million for the county annually.

reverse trendAccording to the County Secretary

for Tourism Adam Shee, the county has also banned Boda bodas from operating at night in Diani to curb insecurity.

Boda bodas have been used by gunmen to kill people in the area in the past and we have decided to ban them as from 6pm. We have also set aside enough money to light up the 5.5km stretch from Diani, said Mr Shee.

The county has also set aside a budget for beach management pro-gramme and streamlining beach op-erators. It plans to construct stalls on one of the beach access roads where operators will sell their wares.

Mombasa County, on the other hand, is planning an international culture day in August to showcase the regions culture.

Other than holiday tourism we also want to diversify and we have organised an international culture day that we hope will be a spring board for the sector. The function will be held between 21 to 23 August, said Mombasa County Secretary for Tourism Joab Tumbo.

The sector players also want the Government to have an open skies programme for Moi International Airport in Mombasa. This would see the liberalisation of commercial air-line regulations to bring in more tour-ists.

What counties plan to do to boost tourism Kwale County will waive the bed levy it had included in this years fiscal estimates that was expected to bring in revenues of over Sh73 million for the county annuallyThe county has also banned boda bodas from operating at night in Diani to curb insecurityMombasa County, on the other hand, is planning an interna-tional culture day in August to showcase the regions culture

Record number of hotels close doors in Coast

Continued from P1

FROM LEFT: Serena Beach Hotel General Manager Tuva Mwahunga, Baobab Beach Resort General Manager Silvester Mbandi, Travellers Beach Hotel General Manager Fredrick Kihuru and Ashnil Hotels Sales and Marketing Man-ager for Coast Paul Kurgat when they met yesterday to chart the way forward for the troubled tourism industry. [PHOTO: GIDEON MAUNDU/STANDARD]

NATIONAL NEWS / Page 6

The situation has escalated from bad to worse. We have never seen such big numbers of hotels close down in the history of this country Mike Macharia, KAHC CEO

NATIONAL NEWS / Page 7Wednesday, May 28, 2014 / The Standard

Mate recounts events before ordealHe says he was to present complaints to JSC over magistrate who was to be bribed to teach him a lesson

Mate on Sunday. The two later sched-uled another meeting on Monday.

The CID offi cer had allegedly called the Speaker to inform him that they (police) were monitoring all his calls and were aware he had made a call to Garissa and another one to Kerugoya.

This is after it emerged that the Speaker and his clerk were drafting a complaint letter to the Judicial Service Commission (JSC) to report alleged bribery of some offi cers, with the in-tention of locking them up for defying a court order. The Standard has ob-tained a copy of the complaint Mate meant to send to JSC before he disap-peared.

Mate and his clerk Jim Kauma had been summoned by the High Court in Kerugoya following contempt of court proceedings for defying the court and presiding over the session that im-

By GEOFFREY MOSOKUand CYRUS OMBATI

Two High Court judges and a mag-istrate are among people likely to be questioned as police seek to unravel the mystery behind the disappear-ance of Embu County Assembly Speaker Kariuki Mate (pictured) last week.

This emerged even as Mate, who resurfaced on Thursday after he was dumped in Limuru, recounted to The Standard the events that preceded his disappearance.

Of particular interest to police is a Garissa-based magistrate whose phone records given to investigators indicate he was in constant commu-nication with a police offi cer based in Pangani, Nairobi. Investigators say there were 56 calls in fi ve days be-tween the numbers of the magistrate, the policeman, Mate and some judi-cial offi cers based in Kerugoya and Embu courts.

The mobile phone signal commu-nication also indicates that the offi cer spent Saturday night in Garissa before travelling to Nairobi where he met

peached Embu Governor Martin Wambora.

Among the complaints was that one of the judges on the bench was a distant relative of the embattled gov-ernor while another one had alleged-ly received a bribe through an agent with an assurance that he would teach Mate a tough lesson.

It was when the offi cer called Mate and offered to bring to him printed records of telephone conver-sations and bank accounts of the of-fi cer who received the bribe to back his complaint letter to JSC that the two agreed to meet, an offi cer in-volved in the probe said.

The broker was allegedly going to deliver the bribe to a member of the bench as an inducement to nail Mate and his clerk for disobeying the court order.

Yesterday, Nairobi Head of CID

Nicholas Kamwende confi rmed that the three had been mentioned ad-versely but were yet to record a state-ment.

In as much as they have been mentioned here and there, none of them has recorded a statement, Kamwende said without indicating if police would summon the offi cers.

Yesterday, Mate told The Standard that on the fateful day, he was at Utalii Hotel when he walked out of a meet-ing with some of the county assembly staff to consult.

He realised it was 4pm, which was when he had agreed to meet police of-fi cer Nicholas Muriuki Kangangi. He walked to the parking lot to check if Kangangi was parked there but did not spot his car, whose registration number he only remembers as KBK.

I walked towards the gate and asked the guards if they had seen the car but they said no. As I walked out of the gate to check if he was parked outside, two men hurriedly ap-proached me and asked me to follow them to a car that pulled up next to where they were standing, he said.

After entering the car, the two men in caps withdrew pistols and asked him to drink something from a white bottle.

I protested, saying I was not thirsty but the man pointed a gun at me and insisted that I should drink.

By this time, the car had ap-proached La Mada Hotel on Thika Road where it stopped and they bun-dled him into the boot of a different car. He fell unconscious.

SPEAKERS ACCOUNT Mate said on fateful day he was at Utalii Hotel with county staff. He was to meet a police of cer at the same venue Mate looked for the of cer outside the hotel premises and was approached by two men who led him to a waiting car They forced him to drink something from a white bot-tle and he slipped out of con-sciousness

By LUCIANNE LIMO

Two judges have moved to court to challenge the age set for their retire-ment.

Supreme Court judge Philip Tunoi and his High Court counterpart David Onyancha want a declaration that the retirement age for all judges is 74 years instead of the current 70.

The judges want the court to pro-hibit the Judicial Service Commission or the Judiciary from removing them from offi ce.

The judges argued in court that there are two circulars, one dated May 24, 2011, from the JSC, informing all judges that their retirement age was 74.

Through their lawyer Fred Ngatia, the two further said another circular dated March 27 informed judges that a meeting of the JSC determined that the retirement age of all judges is 70.

The judges told Justice George Odunga that when the second circu-lar was released, the previous circular was not annulled.

No effort was made to revoke the fi rst circular and so the two are con-tradictory and impossible to recon-cile, said the lawyer for the judges.

Ngatia added that such confl icting decisions made it necessary for the court to adjudicate on which of the two ages refl ected the law.

Two judges challenge set

retirement age

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By FELIX OLICK

Nairobi Governor Evans Kidero yesterday unveiled an integrated ur-ban development master plan, which could change the face of the city if implemented.

The new plan proposes the devel-opment of a railway city, new bus and matatu termini and wider roads as well as construction of a new landfill site.

According to the master plan, the railway city will be part of Industrial Area and will have a flyover into the Central Business District (CBD).

And to ease traffic congestion in the northern part of the station, the plan proposes the removal of the bus and matatu termini from the pro-posed railway city.

It also proposes the removal of unnecessary functions from the CBD into the railway city to spur its development.

The master plan also proposes expansion of the existing road net-work within the CBD, with Waiyaki Way envisioned to have up to eight lanes.

According to the plan, once the

Kidero unveils city master planBlueprint proposes development of a railway city, new bus termini and wider roads to ease jams

Southern bypass is completed, heavy vehicles would be restricted from entering the CBD.

It also proposes redevelopment of Eastlands area by upgrading the exist-ing dilapidated infrastructure.

According to the master plan, clo-sure of the existing dumpsites, in-cluding Dandora, is identified as a priority area for solid waste manage-ment sector.

The Dandora dump site has been

used for the last 30 years despite hav-ing reached its maximum capacity in 2001.

CItIzEn vaLIdatIOnSpeaking during the launch in

Nairobi, Kidero said that the plan will first be subjected to citizen validation to reach a consensus.

After the validation exercise, the plan will have to be approved by the county executive committee and the

county assembly for the implementa-tion process to begin.

I will personally be in the fore-front to see the legislative, legal and institutional capacity building re-quirements are met, the governor said.

He asked the national government and State corporations to accord his team the necessary support to ensure the realisation and attainment of the flagship projects.

Nairobi Governor Evans Kidero (left) shows the Nairobi Integrated Urban Development Master Plan to Koji Noda, a se-nior representative from Japan International Cooperation Agency. Looking on is Tom Odongo, the county executive member for Lands, Housing and Physical Planning. [PHOTO: MOses OMusula/sTaNDaRD]

Page 8 / NATIONAL NEWS Wednesday, May 28, 2014 / The Standard

By RaWLInGS OtIEnO

A teachers union has opposed the push to revise the code of regulations without involvement of teachers.

Instead, the Kenya Union of Post Primary Education Teachers (Kuppet) has advised that the Teachers Service Commission (TSC) to consider views from teachers to make the final docu-ment acceptable to all parties.

Kuppet chair Omboko Milemba said the proposed code by TSC should therefore be suspended to allow for dialogue.

The union said the Code of Regula-tions was the most important opera-tional document for teachers defining the relationship between the em-ployee and the employer and was first drafted in 1972, revised in 1976, 1985 and 2005 and has since become out-dated.

In a statement, Mr Milemba said teachers should not be barred from organising fund raisers and should also be allowed to participate in poli-tics.

We shall object to any attempt to bar teachers from actively participat-ing in politics and other developments in the community since it contravenes the constitutional rights of the teach-ers, said Milemba.

He said teachers must be allowed to participate in private businesses if such ventures do not interfere with their school work.

Kuppet opposes bid to revise

code of ethics

REPUBLIC OF KENYA

The Mandera County Government, established by the constitution of Kenya 2010, Article 176 wishes to execute its development plan on construction of Markets/stalls and Jua Kali sector for the people of Mandera. The County Government, In order to carry out the above assignments wishes to purchase parcels of land from willing citizens for the above projects in Mandera town.

QUALIFICATION REQUIREMENTS:i. The parcels of land shall be within the Central Business District and must be a minimum of one acre

and those parcels of land on the outskirts of CBD shall be at least 20 acres.ii. The ideal parcels of land must be well accessible.iii. There must be proof of ownershipiv. The said parcel of land must be without any encumbrance.v. There must be a quotation on each parcel of land.

All interested sellers must attach to their applications the following Documents:i. A copy of title deedii. Copy of national IDiii. Copy of search certificateiv. Part Development Plan

All expressions must be submitted before Tuesday 17thJune, 2014 at 10.00 am. Each EOI should include 3 hard copies, quote the reference number and marked EXPRESSION OF INTEREST TO SELL DEVELOPMENT LAND IN MANDERA TOWN TO MANDERA COUNTY GOVERNMENT must be put in the Tender Box at the office of the County Government Headquarter in Mandera town and to be addressed to:

The Director Supply Chain Management,Mandera County Government,

P.O Box 13-70300,Mandera

The Mandera County Government reserves the right to accept or reject any application and not obliged to give any reasons thereof.

NOTE: All applicants must attach a quoted price which will remain valid up to 90 days after the opening date.

Chief Officer,Land, Housing & Physical Planning

MANDERA COUNTY GOVERNMENTP.O. BOX 13-70300 MANDERA

MINISTRY OF LANDS, HOUSING AND PHYSICAL PLANNING

EXPRESSION OF INTEREST TO SELL DEVELOPMENT LAND IN MANDERA TOWN TO MANDERA COUNTY GOVERNMENT

REF NO:MCG/EOI/259/2013-14

NATIONAL NEWS / Page 9Wednesday, May 28, 2014 / The Standard

Ex-soldiers in Supreme Court over bailCourt of Appeal reversed decision by High Court granting the 26 former servicemen bail

However, the militarys lawyers say the suspects, who have been in deten-tion at the Mtongwe navy base for al-most 100 days, are still soldiers and

By WILLIS OKETCH and PAUL GITAU

Some 26 former naval servicemen facing desertion charges will now move to the Supreme Court to try and secure bail after the Court of Appeal in Malindi yesterday reversed a High Court order issued on April 30 in Mombasa freeing them pending trial by a court martial.

The State has put them on trial al-leging they deserted the Kenyan De-fence Forces (KDF) to work for a US security firm in Kuwait, Afghanistan and Iraq between 2007 and 2008.

The ruling made in Malindi yester-day was initially slated for Thursday.

They suffered a setback yesterday when the Court of Appeal suspended the High Court order allowing bail pending an appeal by the state seek-ing to quash it completely.

On April 30 the Mombasa High Court suspended the courts martial for 60 days to hear the defences con-tention that the ex-servicemen were being charged illegally by military tri-bunals yet they were civilians, after leaving the military between 2007 and 2008.

hence subject to court martial. De-spite the High Courts order to free them on a Sh500,000 bail with one surety for each, military authorities refused to enforce the release orders and proceeded to the Court of Appeal to challenge the decision.

Yesterday the Court of Appeal al-lowed the Kenya Defence Forces to continue holding the soldiers at the base until the appeal is heard and de-termined.

The defence lawyers immediately applied for certified copies of the Court of Appeal proceedings to move to the Supreme Court. Justices Han-nah Okwengu, Milton Asige Makhan-

dia and Fatuma Sichale halted the re-lease of the ex-soldiers after finding KDF had an arguable appeal against the orders, which the High Court gave on April 30 and May 2.

The judges ordered chief of de-fence forces General Julius Karangi to file his appeal within 30 days after he and others sued by the soldiers were granted stay of execution of the High orders to have the soldiers released pending hearing and determination of their case.

But after the judgment was given, lawyer Daniel Kamunda applied for court proceedings to move to the Su-preme Court because he had instruc-

tion appeal against the decision.My clients are disappointed by

the ruling and have decided to move to the Supreme Court to challenge the Court of Appeal decision, said Ka-munda.

By virtue that KDF is claiming these people are still service members there is presumption they are service members subject to court martial proceedings, said the judges.

The judges said in the light of the prevailing security situation in Kenya these people should remain in custo-dy until the appeal has been heard.

During the hearing in the Court of Appeal last week, KDFs lawyer Alex Muteti said the ex-servicemen were still subject to military disciplinary action.

OffICIALLy dISCHArGEdHe said according to the KDF Act,

the accused were still subject to KDF laws because they have not been offi-cially discharged from duty.

Muteti pleaded with the judges to stop execution of the High Court or-der, which had stopped proceedings at the martial court.

However Kamunda opposed the application arguing that the court should not entertain KDFs applica-tion because they had not complied with the orders of releasing the for-mer soldiers.

In an affidavit Lieutenant Colonel Evans Oguga claims the servicemen should be punished because they did not get clearance from the Principal Secretary in the Ministry of defence to go and work in foreign countries.

FORMER KDF nOt Out OF thE wOODs yEt Some 26 former naval ser-vicemen quit the defence forces to work for a US se-curity company in in Kuwait, Afghanistan and Iraq between 2007 and 2008 They are being detained at Mtongwe navy base The High Court had granted them bail but the Court of Ap-peal quashed the decision The former servicemen say they should not be tried in a marshal court because they quit the force between 2007 and 2008

Relatives of the former Kenya Defence Forces soldiers at the Court of Appeal yesterday, where the former servicemen were denied bail. [PHOTO: PAUL GITAU/STANDARD]

Page 10 / NATIONAL NEWS Wednesday, May 28, 2014 / The Standard

African countries meet to discuss digital migration

trum shall support other services like advanced mobile services, broadcast mobile television, commercial wire-less broadband services.

International Telecommunication Union Director of Radio Communica-tions Bureau Francis Rancy said the digital migration June 2015 deadline cannot be revised to fit those coun-tries that have not made any progress so far.

It emerged that Kenya is the only African country that has not subsi-dised the cost of set top boxes for con-sumers.

By KURIAN MUSA

Representatives from over 30 countries are gathered in Nairobi for a summit on digital migration.

Cabinet Secretaries from Kenya, Burundi, Gabon, Niger, Zambia and Burkina Faso presented their coun-tries progress on the migration dur-ing the three-day African Digital Mi-gration and Spectrum Policy summit yesterday.

Information Cabinet Secretary Fred Matiangi said court cases are dragging the roll out of digital migra-tion in Kenya, even as the country seeks to beat the June 2015 interna-tional deadline.

Matiangi was addressing the dis-cussants, who shared the challenges and experiences in the process.

The digital spectrum is an impor-tant resource that must be managed well so as to ensure maximum bene-fits from the dividends of the digital platform, said the CS, adding that the forum is the best opportunity for me-dia stakeholders to strike a compro-mise.

In an interview on the sidelines of the conference, Matiangi denied that the Government had no guidelines on release of spectrum to telecommuni-cation firms.

So far, there is no country in Africa that has fully migrated from the ana-logue to digital platform amid pro-curement, legal and technical chal-lenges.

Director General of the Communi-cations Commission of Kenya (CCK) Francis Wangusi said: It is important to recognise that the released spec-

Information Cabinet Secretary Fred Matiangi during the African Digital Migration summit at the Hilton Ho-tel, yesterday. [PHOTO: MBUGUA KIBERA/STANDARD]

States share on their challenges as Matiangi tells delegates court battles dragging Kenyas move from analogue broadcasting

By KURIAN MUSA

The digital migration case before the Supreme Court will proceed after lawyers for three media firms file and serve their responses to the Govern-ments appeal.

It emerged yesterday that the three media firms: the Standard Group, Na-tion Media Group, and Royal Media Services had not filed and served re-sponses as required.

Lawyers Issa Mansur and Paul Muite, for the media firms, were di-rected to within 10 days file the re-sponses and take a mention date to confirm compliance.

Supreme Court judges Smokin Wanjala and Jackton Ojwang main-tained their orders that Communica-tions Commission of Kenya (CCK) should not switch off their frequen-cies, broadcast spectrums or broad-casting services pending the hearing and determination of the appeal.

The Supreme Court also barred Broadcast Signal Distributors Signet Kenya Limited and Pan Africa Net-work Group Kenya Limited and Pay TV providers: Star Times Media Lim-ited, and GOtv Kenya Limited from broadcasting any content from the three media firms without their con-sent, pending the hearing and deter-mination of the appeal.

thIRd lIceNceThe Government appealed the de-

cision of the Court of Appeal judges Roselyne Nambuye, Daniel Musinga and David Maraga on the grounds that it could not issue a third licence as directed by the court to a consor-tium of the media firms.

The Constitution provides that the officials of the Communication Au-thority of Kenya be independent, however, the team that awarded digi-tal licences, CCK, was appointed by the Executive.

Information Cabinet Secretary Fred Matiangi has described the legal duel as a hitch to the process.

The Communication Authority of Kenya is in place, said Matiangi.

Media firms given 10 days to file responses

CONTINENTS PROGRESS So far, there is no country in Africa that has fully mi-grated from the analogue to digital platform amid pro-curement, legal and techni-cal challenges Some African countries like Zambia have just put up the institutional framework and constituted a task force to oversee the process It emerged that Kenya is the only African country that has not subsidised the cost of set top boxes for consumers ITU director said the dead-line cannot be extended

By cYRUS OMBAtI

Four suspects were arrested with six elephant tusks valued at Sh4.3 mil-lion along the Thika Superhighway, Nairobi.

Two of the men were arrested on Monday night near Clay Works while travelling in a saloon car from Nyeri to the city, police said adding that af-ter their arrest, they led them to an-other house in Kayole where two more were nabbed.

Those arrested in Kayole are said to have been the brokers who were to take the Nyeri sellers to a buyer in Eastleigh.

Head of Special Crimes Prevention Unit Noah Katumo said the tusks looked fresh, an indication the ani-mals had been killed recently.

The suspects wanted to sell the tusks to a buyer in Eastleigh when we were informed of their plans, said Katumo.

Katumo said the tusks were found hidden in a sack of charcoal in the boot of a car.

tRIed tO flY OUtHe added that the suspects would

appear in court this morning to face charges of ivory trafficking.

The arrests come at a time when there is spirited campaign to stop the outlawed trade on ivory.

Two weeks ago, a Chinese national was arrested at the Jomo Kenyatta In-ternational Airport while trying to fly out with ivory valued at Sh170,000.

Police said the 30-year-old man had originated from Kinshasa, DRC, and was headed for China.

Earlier on, two pilots had been found with 17kg of ivory in their car in Karen and arrested. They have since been charged in court and remanded. The men were driving a Toyota Probox along Mbogani Road when they were intercepted by police from Special Crimes Prevention Unit.

Last month, police in Nairobi im-pounded 131 pieces of ivory at a ga-rage near T-Mall area along Langata road.

Police arrest suspects with Sh4.3m tusks

Driving Growth & Sustainability in the SACCO Sub-sectorThe Standard Group will publish a special supplement on May 30th 2014, showcasing milestones by Kenya Union Of Savings & Credit Co-operatives Ltd (KUSCCO) since establishment in 1974.

We invite all SACCOs and Industry players to be part of this informative supplement.

To Participate contact: RichardTel: 0725 971 837Email: rokiko@standardmedia.co.ke.

@ 40 Years

Wednesday, May 28, 2014 / The Standard NATIONAL NEWS / Page 11

>>Other storiesinside93 per cent of Kenyans dont know mandate of land commi-ssion.

p20

Sonko, Shebesh quizzed over gun incident

By CYRUS OMBATI

Nairobi Senator Mike Sonko Mbu-vi (pictured) and Woman Representa-tive Rachael Shebesh were grilled by police over gun drama at a Nairobi club.

Sonko first met detectives from Kilimani Police Station on Monday night in his office at the Kenyatta In-ternational Convention Centre before they scheduled for his statement re-cording yesterday morning at the Criminal Investigations Department offices.

He turned up at 6.30am where he recorded his statement before leav-ing. Shebesh arrived at about 8am and left an hour later but refused to talk to journalists.

Sonko denied claims he and his supporters had tried to pull Shebeshs hair in the fracas that happened at the Caribea Club on Wood Avenue.

The woman representative claimed the group tried to pull her hair, prompting one of her supporters to shoot in the air to disperse the attack-ers. Kilimani Head of CID George Oju-ka said officers are looking for the man who shot in the air damaging a roof at the club.

We intend to disarm him and take further action, including taking him

By CYRUS OMBATI

The body of a police officer was yesterday morning found hanging on a tree at the Central Park in Nairobi.

The deceased, a constable of po-lice, was attached to the Anti-Stock Theft Unit at Garbatula in Isiolo.

Records found on his body indi-cated he was supposed to be at his workstation.

He was identified as Samuel Mach-aria Maina of D Company ASTU in Garbatula in Merti, Isiolo.

It is not clear if the officer commit-ted suicide or was killed and hanged there, police said. Central OCPD Paul Wanjama said they recovered docu-ments from the deceased, confirming he was a police officer.

They included a certificate of ap-pointment and an ATM card.

Wanjama, accompanied by DCIO Richard Bitok, said investigations into the incident had been launched.

We do not know where he was from or what led to this. All I can con-firm is that the deceased is a police of-ficer, said Wanjama.

He said that pedestrians called to inform them that the body was hang-ing there. Other officers suspect he had gone to seek a loan at their Sacco near the park and when he was in-formed he could not get it he commit-ted suicide.

Body of officer found hanging

on a tree

Dr Charles Otieno, a consultant with the Usalama Reforms Forum, speaks at a Nairobi hotel yesterday when the organisation released a report on police re-forms. [PHOTO: COLLINS KWEYU/STANDARD]

to court for misusing his gun. The in-vestigations are ongoing and we will take further action with time, includ-ing charging the individuals involved in this fracas, said Ojuka.

Sonko said in his statement the drama erupted over a Sh8.5 million Range Rover he allegedly bought for Shebesh awhile back.

Police had summoned Sonko, She-besh and their bodyguards for grilling following the confrontation.

There are claims Shebeshs body-guard was forced to shoot in the air twice to scatter what he called an an-gry mob that wanted to attack his boss at the club.

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By CYRUS OMBATI

There is growing anxiety among the more than 165 senior officers, vet-ted in March, as they wait to know their fate today.

The National Police Service Com-mission (NPSC) has summoned the officers of the ranks of assistant com-missioner of police and senior assistant commissioner of police to inform them of their performance at the CID Training School in South C, Nairobi.

Other inside sources said the com-mission is likely to ask almost 20 offi-cers who have attained the age of 55 and above to take early retirement and those who operate public service vehicles to leave.

The development comes as a sur-vey revealed few Kenyans are con-vinced police vetting would improve competencies within the service.

The survey by Usalama Reform Fo-rum indicated over 27 per cent of community members were fairly sat-isfied that police vetting would im-

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prove competencies within the ser-vice compared to 39 per cent of police officers interviewed.

Conversely, 73 per cent of commu-nity members respondents and 61 per cent of police officers interviewed were fairly dissatisfied that police vet-ting would improve competencies within the force. The vast majority of community members (56 per cent) and police officers (80 per cent) knew about the vetting process.

TELEPHONE SURVEYThe survey was conducted from

January to April on the vetting process through a comprehensive telephone survey among a random sample of 1,531 community residents and 660 police officers where the forum oper-ates.

Just over 38 per cent of the respon-dents thought the vetting will restore public confidence in the service while less than 27 per cent of police officers responded that the exercise will re-store public confidence.

When asked if they were convinced that police vetting would improve ser-vice across the country, only 34 per cent of community members thought it would while less than 23 per cent of police officers reported it would. The report showed less than 27 per cent of community respondents believed the process would result in more suitable police officers.

Page 12 / NATIONAL NEWS Wednesday, May 28, 2014 / The Standard

State, counties end impasse on roads

management

By RAWLINGS OTIENO and IMMACULATE AKELLO

The national and county gov-ernments have agreed to transfer the management of roads to each other to end the wrangles between them and improve infrastructure in the country.

The two levels of Government have agreed to re-classify roads across the 47 counties to facilitate smooth management of construc-tion and maintenance of county roads.

Transport Cabinet Secretary Michael Kamau said that once the Transition Authority (TA) gazettes the re-classified roads, the Roads Bill would be fast-tracked to lega-lise the transfer of the roads.

Eng Kamau noted that in the new arrangement, county execu-tive committee members (CECs) in charge transport and infrastruc-ture from the counties, TA and the ministry officials have been direct-

They agree to transfer roles to each other to improve infrastructure

ed to compile a report on the number of roads the national Government will be in charge of.

We have agreed through consen-sus that we are re-classifying the roads so that those roads that pass through at least two counties are transferred to the national Government while those within the counties to remain and be managed by the individual counties, explained Kamau.

Addressing CECs and the Council of Governors at the Kenya School of Government in Nairobi yesterday, Ka-mau explained that roads classified as Class A, B and C will remain under the supervision of the national Govern-ment while roads classified as Class D, E and unclassified will be constructed and maintained by governors.

EQUITABLE DISTRIBUTIONNational trunk roads are the main

roads linking Kenya to her neigh-bours, directly connecting various county headquarters and intercon-necting the entire country in an equi-table and well-distributed manner.

According to Kamau, county roads are public roads running primarily within the county, including primary roads linking all sub-county head-quarters, secondary and minor roads linking markets, administrative cen-tres and locally important centres.

In addition, both the two levels of

government agreed that primary pub-lic roads linking two higher-class roads and running majorly within the county boundaries be classified as Class C roads.

Council of Governors Chairman in charge of Transport and Infrastruc-ture Jackson Mandago concurred that all Class A, B Class C roads be consid-ered as national trunk roads and be managed exclusively by the State.

County governments shall in con-sultation with each other agree on those Class D or E roads that need to be upgraded to Class C and surren-dered to the national government as to manage, said Mandago.

DECISION ON ROADS ACROSS THE COUNTRY Roads classified as Class A, B and C will remain under the supervision of the national Government Class D, E and unclassified will be constructed and main-tained by governors Class B roads will include na-tional trunk roads linking na-tionally important centres and county headquarters International trunk roads linking centres of international importance and crossing inter-national boundaries or termi-nating at international ports will be categorised as Class A

Transport Cabinet Secretary Michael Kamau and Uasin Gishu Governor Jackson Mandago at the Kenya School of Government, yesterday. [PHOTO: JEFF OCHIENG/STANDARD]

By KAMAU MUTHONI

Separate cases filed by two mining firms against the Government will be heard together after the High Court ordered they will be determined by a single judge and allocated three hear-ing dates.

Before High Court judge John Mu-tungi, Cortec Mining Company and Basu Mining Company held different grounds against a prayer by Basu to have the two matters consolidated.

Basu had made an application to have the two cases consolidated but Cortec, through their lawyer Nelson Havi, held a contrary stand saying their case was the primary suit and thus ought to be heard and deter-mined separately.

The matter I filed (Cortec case) was the primary one and they came in later orally asking the court to enjoin them. We cannot have them put to-gether as one. The term consolidated is long gone but we can hear them to-gether and have a single judge deter-mining the same, said Havi.

Fred Ngatia, appearing for Mining Cabinet Secretary Najib Balala in the case, was opposed to having the mat-ters dealt with on different dates and by different judges, arguing this would result to repetition of the judicial pro-cess.

Court to jointly hear cases by two

mining firms

Governor lauds tourism tax waiver

By JACOB NGETICH

Machakos Governor Alfred Mutua has lauded the move by President Uh-uru Kenyatta to waive tourism tax, terming it as good and timely.

Dr Mutua said the Governments directive was an excellent shift from squeezing taxes out of poor Kenyans to enabling wealth creation.

To generate employment, we need more of such incentives that en-able different sectors to grow, make money and hence pay more taxes, said the governor.

He pointed out that in the United Arab Emirates, income tax is zero and that businesses invest in Dubai, UAE, because the tax rate for businesses is at a maximum five per cent.

Chief Whip warns CORD against public ralliesBy JACOB NGETICH

Senate Majority Chief Whip Bea-trice Elachi has asked the Coalition for Reforms and Democracy (CORD) to rethink its decision to hold public rallies, saying they were likely to cause tension in the country.

Ms Elachi said Kenya had a num-ber of challenges that needed solu-tions and rallies and inflammatory political statements would not help the situation.

CORD has embarked on rallies and will unnecessarily heighten polit-

ical temperature without even at-tempting to give solutions to the prob-lems. It is very disappointing to have such an Opposition, which plans to thrive on problems like terrorism fac-ing Kenyans, she said.

Elachi accused the Opposition of trying to foment unrest in Kenyan rather than engage the Government objectively.

The unrest in 2007 started in 2005 when the Opposition went round pro-voking tension. We later saw what happened. Now they have started. They want to put Kenyans in an elec-

tion mood four years to the General Election, she said.

She accused former National As-sembly Speaker Farah Maalim who she said claimed on a local TV station that the shilling had dipped because Somalis were leaving to other coun-tries after incarceration in Kenya.

The solution to Somali nationals is to have stability in their country. So for someone to tell us they are re-ceived with open arms in other coun-tries is to show that there are those who do not wish for a lasting answer to the nations challenges, she said.

By DANN OKOTH

Uasin Gishu Senator Isaac Melly (pictured) has distanced himself from disgruntled Rift Valley MPs calling for the impeachment of Devolution Cab-inet Secretary Anne Waiguru.

Melly said he could not hold a di-vergent view from that of Deputy President William Ruto, adding he was satisfied with the way President Uhuru Kenyatta and the DP had han-dled the Kiplimo Rugut affair.

I do not belong to the group of so-called disgruntled Rift Valley MPs. I do not share their views in this matter and I cannot be seen to hold a differ-

ent opinion on any matter with the DP who I represent in the Senate, Melly said in an interview.

The senator was reacting to a story appearing in yesterdays The Standard apparently linking him with a group of Rift Valley MPs who castigated the DP and Majority Leader Aden Duale over their stand over the Rugut affair.

In the story, we erroneously used Mellys picture in place of that of Tin-deret MP Julius Melly.

A section of Rift Valley MPs have been calling for the sacking of Waigu-ru after she replaced Rugut who was at the helm of the National Youth Ser-vice (NYS).

Consequently, Igembe South MP Mithika Linturi crafted a Motion seek-ing to impeach the CS, for allegedly harassing public servants.

The Motion has received support from Jubilee MPs, a majority of who are from the Rift Valley.

RESOLVED INTERNALLYTo put the record straight, Melly

said yesterday he was not part of the group seeking to remove the minister from office, adding that such issues can be resolved internally with the ruling coalition.

I do not see why our leaders should squabble over such matters

because the President and his deputy are capable of handling such matters. They are trying to create an impres-sion that the Jubilee boat is rocking, which is not true because the party will remain united, he said.

He observed that sharing of Gov-ernment positions between The Na-tional Alliance and United Republican Party was a delicate matter, adding that MPs should give the leaders time to sort out issues.

We must recognise that Govern-ment appointments are guided by the law and the President and his deputy cannot disregard the same without consequences, he said.

Senator distances himself from calls to impeach Waiguru

Beatrice Elachi

Page 13Wednesday, May 28, 2014 / The Standard

Page 14 / EDITORIALS Wednesday, May 28, 2014 / The Standard

Frequent power outages not good for economy

The Standard is printed and published by the proprietors,

THE STANDARD GROUPNewsdesk: 3222111 | Fax: 2213108Email: oped@standardmedia.co.ke

Group Managing Editor (Print): Kipkoech Tanui

Registered at the GPO as a newspaper.

This is not the best way to run the country

WHAT OTHER MEDIA SAY...

Last Monday the country experienced a black-out that lasted for over three hours. A reported system malfunction at the Coast region triggered the power outage across the country.

Industries, and indeed all aspects of our lives are heavily dependent on electricity. The cost of power fail-ures is therefore too high.

During the period of inactivity as power supply fails, industrial production goes down thus occasioning great financial loses to companies who must still pay salaries and other overheads at the end of the day.

Often, there is damage to machines due to power surges from unregulated voltages. In hospitals not fitted with generators, patients connected to life support machinery have lost their lives due to power failures. Crime also thrives in the dark. And the environment is polluted because of fumes from generators. These are loses that prudent management of our natural resources can preclude.

Policy makers should lay emphasis on alternative energy sources, especially clean energy. Our sunny weather is well suited for solar energy.

The use of solar panels should be encouraged through the provision and supply of panels that are affordable to many. Because maintenance costs are not a factor, this will go a long way in powering homes that would otherwise have no access to electrical supply from the national power grid. The wind turbines would also come in very handy once sensitisation on their effectiveness is done. Already, Kenya is leading in the region in harnessing geothermal energy.

Tapping geothermal energy available in great quantities in the Rift Valley can ensure a steady supply while keeping our environment clean. Within the changing climatic conditions, the gradual death of rivers, hydropower is becoming increasingly erratic and unreliable.

And that calls for diversification to other sources of power that are cleaner and cheap.

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