The Standard 23.05.2014

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By AUGUSTINE ODUOR Teachers supplementing their monthly income by engaging in private business may soon have to revise their revenue streams. The Teachers Service Commission (TSC) has proposed stringent rules that, among other things, bar teachers from running businesses or airing po- litical views. The new rules are part of the revised Code of Conduct and Ethics that was presented to the key players in the ed- ucation sector for scrutiny yesterday. The new rules were however quick- ly opposed by the teachers’ unions, CONTINUED ON PAGE 6 Lengoboini: TSC boss Sossion: Knut Secretary General T eachers’ unions resist new rules by TSC STANDARD TH E Kenya’s Bold Newspaper Friday , May 23, 2014 No. 29595 www.standardmedia.co.ke KSh 60/00 TSh1,500/00 USh2,700/00 CONTINUED ON PAGE 4 Cris is in r egion as KP A staff strike Kenya Ports Authority chairman Danson Mungatana (in red tie) and Dockworkers Union’ s Secretary General Simon Sang (in dotted shirt) attempt to calm down staff who went on strike over an allowance dispute outside the KPA administration block, yesterday. [PHOTO: GIDEON MAUNDU/STANDARD] Mombasa Port, which is commercial doorway for several landlocked regional states, paralysed by mass action of 5,100 staff demanding increase in transport allowances. Kenya’s business community also hit hard by the closure By PATRICK BEJA  A strike by o ver 5,000 Kenya Ports A uthority ( KPA)  workers has paralysed the entire chain of distribu- tion at Mombasa port, worsening the already fragile situation of supply t o the region ’s landlocked coun- tries. The showdown over low pay has stalled key RD  E  Pullout Section B  ANGLO LEASING FIRM DEMANDS SH3.5 BILLION MORE, PAGE 2 Inside Today Oops! Like really... There go our celebrities’ ridiculous riders

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The Standard 23.05.2014

Transcript of The Standard 23.05.2014

  • By AUGUSTINE ODUOR

    Teachers supplementing their monthly income by engaging in private business may soon have to revise their revenue streams.

    The Teachers Service Commission (TSC) has proposed stringent rules that, among other things, bar teachers from running businesses or airing po-litical views.

    The new rules are part of the revised

    Code of Conduct and Ethics that was presented to the key players in the ed-ucation sector for scrutiny yesterday.

    The new rules were however quick-ly opposed by the teachers unions,

    CONTINUED ON PAGE 6Lengoboini: TSC boss Sossion: Knut Secretary General

    Teachers unions resist new rules by TSC

    STANDARDTHEKenyas Bold NewspaperFriday, May 23, 2014

    No. 29595 www.standardmedia.co.ke KSh 60/00 TSh1,500/00 USh2,700/00

    CONTINUED ON PAGE 4

    Crisis in region as KPA staff strike

    Kenya Ports Authority chairman Danson Mungatana (in red tie) and Dockworkers Unions Secretary General Simon Sang (in dotted shirt) attempt to calm down staff who went on strike over an allowance dispute outside the KPA administration block, yesterday. [PHOTO: GIDEON MAUNDU/STANDARD]

    Mombasa Port, which is commercial doorway for several landlocked regional states, paralysed by mass action of 5,100 staff demanding increase in transport

    allowances. Kenyas business community also hit hard by the closure

    By PATRICK BEJA

    A strike by over 5,000 Kenya Ports Authority (KPA) workers has paralysed the entire chain of distribu-tion at Mombasa port, worsening the already fragile situation of supply to the regions landlocked coun-tries. The showdown over low pay has stalled key

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  • Page 2 / NATIONAL NEWS Friday, May 23, 2014 / The Standard

    By MOSES NJAGIH and WIlfrEd AyAGA

    Divisions have rocked President Uhuru Kenyattas TNA party over a planned Motion to impeach Devolu-tion Cabinet Secretary Anne Waiguru, as Opposition MPs adopted a wait-and-see attitude.

    Yesterday, about 10 MPs from Uh-urus party put up a staunch defence for the embattled Cabinet Secretary, alleging she was the victim of a con-spiracy by people who perceive her to be arrogant.

    They attacked an impeachment Motion against the CS drafted by their TNA colleague, Igembe South MP Mithika Linturi, and claimed majority of the over 100 MPs who signed it were not fully briefed on the claims made against Ms Waiguru.

    The MPs led by Jamleck Kamau (Kigumo) and Kabando wa Kabando (Mukurweini) said the Motion was based on misleading information hyped up by politicians pushing an ethnic bigotry agenda.

    Armed with appointment docu-ments to absolve the CS of any wrong-doing, the MPs said they read mis-

    Jubilee split as MPs defend Waiguru on disputed changeschief in the manner that the planned impeachment was being handled.

    According to the notice of Motion by Mr Linturi, Waiguru is accused of gross misconduct and violation of the Constitution by abusing, intimidat-ing and threatening public servants in her ministry.

    The Motion cites the removal of Kiplimo Rugut and Gor Semelango as National Youth Service director gen-eral and Youth Enterprise Fund chair-man respectively.

    NO HEArINGFormer State House Comptroller

    Nelson Githinji replaced Rugut, a move that has caused strife in the rul-ing Jubilee coalition. About 30 MPs from Deputy President William Rutos URP resolved to support the Motion after talks in Nairobi on Tuesday night.

    Yesterday, the TNA MPs defended Waiguru, saying she was being sacri-ficed even though Mr Rugut was ap-pointed the Secretary of Youth, through the Central Posting Unit chaired by Head of Public Service Jo-seph Kinyua.

    They termed Ruguts shuffle as a

    promotion to a higher job group, pro-ducing a document dated May 9, that details the transfer of 11 senior Gov-ernment officials to different minis-tries, including Ruguts.

    Waiguru is only a sacrificial lamb here. From the letter by Kinyua, it is obvious the President and his deputy were aware of these transfers. The questions should be directed to the two, not the CS, said Kamau. The transfer process is usually effected through the Central Posting Unit.

    Kabando questioned the process, saying it did not follow the procedure of parliamentary probes where such matters are referred to a committee.

    It is obvious that no hearing has been convened to question Waiguru, as always happens in Parliament. This raises very many questions; funda-mentally, who is the complainant here? Is it Rugut?Kabando posed.

    The Constitution provides for the procedure of removal of a Cabinet Secretary in which a select committee is set up to investigate claims against the CS should the Motion be support-ed by a third of members of the Na-tional Assembly.

    Kabando said a petition is sup-

    By PSCU

    Parastatals should be as com-petitive and business-oriented as private sector institutions once the reforms are over, President Uhuru Kenyatta has said.

    The President spoke as he was briefed on reforms to cut down the number of Government-owned entities from 262 to 187.

    Speaking during the session on the progress made towards imple-mentation of the parastatal re-form programme in his office in Harambee House, President Ke-nyatta said there was no reason why the public should continue to pump funds into institutions that bring in no profits.

    He said the aim of reforming parastatals was to ensure that in-centives were aligned to the per-formance of those working in the public organisations.

    ECONOMIC GrOWtHIn a brief to the President, the

    implementation committee, head-ed by the Chief of Staff and Head of Public Service Joseph Kinyua, noted that the reforms would cut down the number of Government-owned entities. A total of 14 new Government-owned entities have been created through the merger of 38 parastatals.

    The sector reforms are to in-crease savings from the Govern-ment-owned entities and enhance contribution to national develop-ment through accelerating eco-nomic growth.

    The reforms are also expected to help the sector promote devel-opment to drive the countrys so-cial-economic transformation to a global competitive and prosper-ous state with high quality of life by 2030.

    Parastatals will be productive after reforms,

    says Uhuru

    effect. But the latest revelation drew the suspicion of the committee, which questioned the manner in which con-tracts associated with Pereiras com-panies were being favoured.

    The demand is not less than Sh3.05 billion entered in 2004. The fig-ure could be more because of the in-terest rates accrued and similar tac-tics that were employed to frustrate the supposed floating of the sovereign bond, warned Namwamba.

    Suna East MP Junet Mohamed also demanded explanations from Trea-sury on a pattern he said was worry-

    ing, in which firms associated with Pereira were being given preferential treatment.

    Doesnt it look like it is a conspir-acy to pay Pereira the claims? Already four of his recent claims under the Anglo Leasing deals have been paid. The one in the pipeline is not even captured in the PricewaterhouseCoo-pers (PWC) report that conducted an evaluation of the other related secu-rity projects, Mr Mohamed said.

    The latest demands now add an-other complication to Kenyas planned sovereign bond, which seeks over Sh130 billion to bridge the 2014/15 budgetary estimates deficit.

    This means that Treasury may cave in to the new demands and pay the amount, a situation that will exert more pressure on the Jubilee govern-ment, which is already battling criti-cisms over the payments.

    Deputy Solicitor General Muthoni Kimani told MPs that the project was not among the ones that were evalu-ated by PWC based on the nature of

    Anglo Leasing firm wants Sh3b morePAC hears that Pereira has demanded more cash for services allegedly rendered to the National Security Intelligence Service

    By GEOffrEy MOSOKU

    Anglo Leasing architect Anura Pereira is not done with Kenya, even after getting paid Sh1.4 billion by the National Treasury.

    A day after revealing that Treasury had paid Mr Pereiras agents, Perma-nent Secretary Kamau Thugge dropped another bombshell the Sri Lankan had made a new demand, this time totalling Sh3.05 billion.

    Mr Thugge said the Sh3.05 billion is Pereiras demand in the latest Anglo Leasing deals for services allegedly rendered to the National Security In-telligence Service (NSIS), now the Na-tional Intelligence Service.

    UNCErtAINty OvEr ClAIMSThis is in addition to the Sh1.4 bil-

    lion paid to his two other Anglo Leas-ing companies: Universal Satspace and First Mercantile Securities Corpo-ration in line with a judgement issued in a London Court.

    Thugge shocked the Public Ac-counts Committee (PAC) when he re-vealed that fresh demands had been made against the Flagstaff NCTC proj-ect entered in 2004 at a cost of US$41,800,000 for the NSIS.

    Pereira has already filed another claim with Treasury seeking the Sh3.05 billion payment for Flagstaff project though there is uncertainty on how much was done, said Thugge.

    The PS told the Ababu Namwam-ba-led PAC that Pereira has already written to Treasury demanding the payment but failed to clarify when the new demand was made.

    This prompted committee chair-man Namwamba to order Thugge to furnish the team with letters to that

    Deputy Solicitor General Muthoni Kimani and Treasury PS Kamau Thugge when they appeared before the Public Accounts Committee on Wednesday. [photo:FILE/StANDARD]

    its security status.Thugge, however, indicated that

    Treasury would be ready to work with the House to find ways of having the project audited before payments were made because of the high levels of un-certainty over how much was done.

    This emerged as the committee was also told that the Government is demanding over Sh3.83 billion from Anglo Leasing businessman Deepak Kamani as a refund over the partly completed contracts.

    Treasurys quest to recover the money is, however, shrouded in mys-tery after claims that the courts had quashed the demands after the busi-nessman sued to counter the move.

    But a Treasury official, a Mr Kairu, told the committee that it was part of the PWC audit report.

    Ms Kimani said the figure that the Government was seeking as a refund was still valid because it had not been affected by the courts verdict.

    Namwamba said the demand is not less than Sh3.05 billion entered in 2004 and the figure could be more because of the interest rates accrued and sim-ilar tactics that were employed to frustrate the supposed floating of the sovereign bond Suna East MP Junet Mo-hamed also demanded expla-nations from Treasury on a pattern he said was worrying, in which firms associated with Pereira were being given pref-erential treatment The latest demands now add another complication to Ke-nyas planned sovereign bond

    Articles 152 (6) to 152 (10) of the Constitution A member of the National As-sembly, supported by at least one-quarter of all the members, may propose the Motion: For gross violation of the Constitu-tion or other law; if there are serious reasons to believe the CS has committed a national or international crime or for gross misconduct. If Motion is supported by at least one-third of members, the Assembly shall appoint a probe committee comprising 11 of its members. The committee shall, within 10 days, report to the House whether it finds the allega-

    tions to be substantiated. The CS has the right to appear and be represented before the team during its investigations. If the committee reports that it finds the allegations unsubstan-tiated, no further proceedings shall be taken. If substantiated, the assembly shall afford the CS an opportunity to be heard and vote on whether to approve the CS dismissal. If a resolution requiring the President to dismiss a CS is sup-ported by a majority of the mem-bers, the Speaker shall promptly deliver the resolution to the Pres-ident and the President shall dis-miss the CS.

    what committee said

    PRocedURe FoR RemoVaL oF a caBiNet secRetaRY

    posed to come from the public and handed to an MP, after which the Speaker refers the matter to the rele-vant committee before it can come to the House for debate and resolution.

    Machakos Town MP Victor Mu-nyaka claimed Cabinet secretaries were being subjected to lynching and that could make it difficult for them to deliver services.

  • NATIONAL NEWS / Page 3Friday, May 23, 2014 / The Standard

    By GEOFFREY MOSOKU and CYRUS OMBATI

    The search for missing Embu County Assembly Speaker Justus Kar-iuki Mate entered its fi fth day yester-day, with police still groping in the dark.

    There were more questions than answers even as police charged their colleague, a CID offi cer based at Pan-gani Police Station, with abduction. Family and friends of Mate initially al-leged that police were reluctant to ar-rest the offi cer, and had instead held his bodyguard and driver for ques-tioning.

    However, Nicholas Muriuki Kan-gangi appeared before the Chief Mag-istrates Court in Milimani yesterday and was charged with abduction with intent to unlawfully confi ne Justus Kariuki Mate on May 19, 2014.

    Kangangi was released on a Sh100,000 cash bail and ordered to appear in court on Monday next week for further orders before the case is heard on July 9.

    PRIVATE MEETING There was more speculation after

    an unmarked lorry slammed into Mates drivers car along Kiambu Road moments after he left the police sta-tion where he was interrogated.

    President Uhuru Kenyatta is con-stantly being briefed on the progress of Mates search. The Speaker served as one of his aides when he was the chairman of Kanu.

    Police are yet to establish whether Kangangi lured Mate with the aim of harming him after it emerged that the he had made several telephone calls asking the Speaker for a private meet-ing ostensibly to share some sensi-tive information.

    On Sunday, Kangangi sought to meeting Mate allegedly to share sen-sitive information on how the Speak-ers detractors were plotting to fi x him

    Details of Embu County Speakers movements surface as CID of cer is charged over his disappearance

    over his role in the impeachment of Embu Governor Martin Wambora.

    It was then that the two agreed to meet at Thika Roads Blue Springs Ho-tel. Accompanied by a friend, Mate ar-rived and waited for the CID offi cer. The offi cer then called and asked whether he was alone. Realising that the Speaker had company, he report-edly asked to postpone the meeting to the next day (Monday).

    On the fateful day, the offi cer asked Mate to meet him in the city centre, prompting Mate to skip a workshop session at the Utalii Hotel and rush to the city. When he called once he ar-

    rived in the central business district, Kangangi said he was meeting some-one at Harambee House and asked him to wait.

    Consequently, Mate went to Par-liament and spent some time in Na-tional Assembly Speaker Justin Mu-turis offi ce. Mr Muturi was abroad at the time and Mate met his Parliament counterparts aide.

    After a while, the offi cer called and asked if they could meet either at CID headquarters or Sharks Place along Kiambu Road. He also suggested Choma Zone on Thika Road. But be-cause Mate was running late, he asked

    Retracing missing Mates last moments

    that they meet at Utalii Hotel. Mates colleagues say he received

    a phone call at 4:30pm from Kangan-gi and thereafter walked away from the ongoing workshop and has not been seen since.

    SENSITIVE MATTERS Kangangi has been grilled along-

    side Mates driver and personal assis-tant in connection with the disap-pearance. An offi cer aware of the case said the CID offi cer planned to meet Mate at Choma Zone but the Speaker never showed up.

    He (Kangangi) says they were to meet and discuss sensitive matters

    Police offi cer Nicholas Muriuki Kangangi is led to the Milimani law court cells after he denied charges of abducting missing Embu County Speaker Justus Kariuki Mate yesterday. Right: Mr Mate. [PHOTO: FIDELIS KABUNYI/STANDARD]

    Police offi cer Nicholas Muriuki Kangangi is led to the Milimani law court cells

    MAY 18, 2014

    MATE, SLEUTH ABORTED MEETINGS

    MAY 18, 2014

    MAY 19, 2014

    CID offi cer Nicholas Kangangi seeks to meet Mate allegedly to share some sensitive information on how the Speakers detractors have been plotting to fi x him

    They agree to meet at Thika Roads Blue Springs Hotel but Kangangi reportedly postpones the meeting after realising that Mate is in the company of a friend

    but he waited for him from 5pm to 8pm in vain. So he decided to leave, said the offi cer.

    Mate once worked for the Kenya Anti-Corruption Authority before serving as a personal aide to President Kenyatta. He also acted as a personal assistant to National Assembly Speak-er Justin Muturi when he was the Gov-ernment Chief Whip.

    Before his election to the position of Speaker, Mate worked in the Team Uhuru secretariat in the 2013 General Election. He then retreated to Embu when he was elected Speaker.

    Nairobi head of CID Nicholas Kamwende said they have no clue about Mates whereabouts.

    If any one has information re-garding this matter, let him help us. For now, we have no clue other than what you have heard, said Mr Kam-wende.

    Investigators have also grilled workers at the Utalii Hotel and Cho-ma Zone. Those at Choma Zone con-fi rmed that Kangangi was there with two other people and left at about 8pm. Those at Utalii said they man-aged to record the number plates of the car that is alleged to have picked Mate up from the hotel.

    But the details are not helping so much, said Kamwende without elab-orating.

    Some Members of the Embu Coun-ty Assembly want police to investigate how Mate went missing on Monday from a hotel where they were meet-ing.

    The CID offi cer asks to meet Mate in the city centre but when the Speaker arrives, he says he is held up in a meeting at Harambee House. He asks Mate to wait for him

  • Friday, May 23, 2014 / The StandardPage 4 / NATIONAL NEWS

    operations, including delaying goods destined for local and to Uganda, Rwanda, South Sudan, Democratic Republic of Congo and Burundi.

    Last evening, negotiations be-tween workers representatives broke down, with the Central Organisation of Trade Unions (Cotu) blaming the KPA management for the paralysis and being retrogressive.

    Cotu Secretary General Francis Atwoli lashed at the ports authority, accusing it of frustrating workers by dragging negotiation for improved terms of service for unionisable em-ployees.

    KPAs attitude amounts to retro-gressive behaviour and impunity, reckoned Atwoli in a statement, add-ing that the KPA managers should be held responsible for the strike.

    Whereas the Dock Workers Union (DWU) has since the beginning of the year shown every commitment to-wards ensuring that the CBA is com-pleted on time and workers benefit, the KPA management has continued to frustrate these efforts by engaging in delaying tactics for the simple rea-son that they think they will incur an extra cost with the completion of the CBA, Atwoli noted.

    The Cotu boss demanded that KPA management unlocks the Collec-tive Bargaining Agreement (CBA), deadlock and completes the talks to allow for salary increase.

    Operations at the port were pa-

    ralysed yesterday after workers aban-doned work at all stations.

    The CBA negotiation teams from KPA and DWU have differed on com-muter allowance, with the latter de-manding an eight per cent increase.

    This translates to Sh19,000 for the highest paid docker and Sh13,000 for the lowest paid unionisable employ-ee.

    RESOLVING STALEMATEKPA top officials led by chairman

    Mr Danson Mungatana and the ex-ecutive committee of the DWU were locked in a meeting, as they sought to resolve the stalemate.

    Work at both the busy container terminal and conventional cargo ar-eas were affected, as the 5,100 union-isable KPA workers protested over delay in concluding the CBA, which promises them better salary and al-lowances.

    Work in the operations and engi-neering departments, which facilitate the movement of cargo through the port, was grounded, leaving port us-ers frustrated.

    The strike raised fears that both containers and cargo could pile up unless the workers salary issues are resolved. Kenya International Freight and Warehousing Association Mom-basa Chairman Roy Mwanthi ex-pressed fear that there could be seri-ous cargo congestion unless the dispute was promptly resolved.

    The port handled a lot of raw materials and any delay would affect

    manufacturers. This will in turn affect economies of the East African region, said Mwanthi.

    Mr Mungatana and Simon Sang, the DWU general secretary, addressed workers at the KPA headquarters yes-terday afternoon assuring them that

    negotiations were still in progress.Mungatana announced he would

    convene a special board meeting to-day to give the KPA team involved in the CBA negotiations mandate to proceed with the exercise so as to forestall further delays in reaching an agreement.

    The negotiations will resume to-morrow. We are making good progress and the matter will be resolved ami-cably, Mungatana assured.

    NEGOTIATIONSMedia access to the port was re-

    stricted yesterday as the management and union leaders were locked in the negotiations.

    However, as the talks were ongo-ing, the striking workers were seen idling at the port facility.

    There was fear of possible cargo congestion at the port following the protest.

    DWU officials said yesterday that they had differed with KPA manage-ment over commuter allowance dur-ing the CBA negotiations.

    Mr Sang and DWU chairman Mr Jeffer Kiti said they had successfully negotiated for improved salary, leave and house allowances, but reached a deadlock on the transport allow-ance.

    What we can tell you for now is that we cannot register the 2014/2015 CBA without striking a deal in the transport allowance. That is why there is tension at the port, explained Sang.

    Sources said talks collapsed be-cause the DWU team wanted the commuter allowance to be raised from Sh12,000 a month to Sh13,000.

    The two teams have been negoti-ating the CBA for the last one month.

    BUSINESS grINdS to a StaNdStIll Key port operations have stalled, including goods des-tined for local and to Uganda, Rwanda, South Sudan DRC and Burundi There are fears that both con-tainers and cargo could pile up unless the workers salary im-passe is resolved The entire chain of distribu-tion at Mombasa port has been paralysed after workers aban-doned all work stations Sources said talks collapsed because the DWU team wanted the commuter allowance to be raised from Sh12,000 a month to Sh13,000

    Striking Mombasa Port workers outside the administration and operations block, yesterday. The workers downed their tools demanding better pay from the Kenya Ports Authority. [PHOTO: GIDEON MAUNDU/STANDARD]

    Port operations crippled as

    workers strikeContinued from P1

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  • Friday, May 23, 2014 / The Standard Page 5

  • with the key argument being that teach-ers have to be allowed to engage in oth-er activities to boost their meagre in-come, as long as they engage in private business outside working hours.

    Top on the list of new rules is the re-quirement that teachers must undergo open and rigorous appraisals to gauge and enforce productivity.

    The rules will also apply to other employees of TSC who will no longer be allowed to run private businesses or publicly express political views.

    It will also be punishable for a teach-er to play a central role in the organisa-tion of a harambee including being the guest of honour.

    The teachers employer has also rec-ommended that it would be illegal for teachers to engage in any sexual activ-ity with a learner regardless of whether the student has consented.

    Under the new rules, it will also be an offence for any teacher to send any pupil to his or her personal residence, whatever the reason.

    Sexual haraSSmentAnd in the staff room, no teacher

    will be allowed to sexually harass a col-league or even make any physical con-tact that is sexually suggestive in na-ture.

    These are some of the stringent rules the teachers employer wants passed in its effort to enhance integrity and professionalism in the teaching in-dustry.

    Also discussed was the revised Code of Regulations for teachers.

    The rules will apply to all registered teachers and staff of the TSC secretari-at.

    Teachers who intend to send learn-ers home, say for defaulting on fees payment, will only be allowed to do so between 6am and noon.

    TSC says sending children away from school earlier or later than the prescribed time will be illegal.

    And releasing a learner from school for any reason before notifying the guardian or parent will be punishable if the new code is passed.

    Commission secretary Gabriel Len-goiboni said the two documents aim at protecting the child and enhancing

    quality education.We are reforming the management

    of teaching in a fundamental way by enhancing integrity and accountabili-ty, he said.

    Education Principal Secretary Dr Belio Kipsang, however, said various in-stitutions must be respected even as ef-forts are made to manage the sector.

    Under Section 50 of the Code of Regulations, TSC proposes to develop an open performance appraisal system for teachers.

    Head teachers will be required to provide an oversight role in the perfor-mance appraisal for teachers in their respective institutions.

    The commission may take disci-plinary action against a teacher who fails to complete and submit an ap-praisal report to the supervisor or who refuses or neglects to discuss or sign their appraisal report with their super-visor, reads the proposal.

    Other stakeholders present at the Kenya School of Government were Elimu Yetu Coalition, the National Gen-der and Equality Commission, Kenya Episcopal Conference (Catholic bish-ops), and the two national parents as-sociations, among others.

    In its raft of proposals, TSC also de-mands that teachers must not engage in any other gainful employment while serving in full-time basis.

    The employer further recommends that no teacher shall engage in private business during official working hours, a proposal that the two teachers unions have opposed.

    Kenya National Union of Teachers

    Offences that may lead tO deregistratiOn Forgery, impersonation, pre-senting of forged documents or mismanagement, misappropria-tion and embezzlement of pub-lic funds Others are theft of property belonging to an educational in-stitution, incitement, obtaining registration, employment and promotion through fraudulent means Drunkenness or any form of in-toxication during working hours, fighting in public and any vio-lent behaviour that may bring the profession into disrepute Bribery, loss of public funds and any conduct that contra-venes Chapter Six will also be punishable

    By auGuStIne ODuOr Teachers Service Commission

    (TSC) county directors and Min-istry of Education officials posted to oversee devolved units have been urged to work harmoniously for the benefit of learners.

    Education Principal Secretary Bellio Kipsang said the turf wars between ministrys county direc-tors and their TSC counterparts were hampering delivery of qual-ity education in schools.

    Speaking yesterday, Dr Kip-sang said it was unfortunate that the officials were not to working together when the ultimate focus should be on the welfare of learn-ers.

    I am reliably told that all the directors are teachers and I know that they should know whom they are working for, he said.

    Both the ministry and TSC have deployed staff to be in charge of the 47 counties.

    JOB SpecIfIcatIOnSTSC directors are tasked with

    teacher management while their Ministry of Education counter-parts manage the rest of the duties such as schools registration and infrastructure issues.

    TSC Secretary Gabriel Lengoi-boni yesterday said there was no duplication of roles because the officials had their job specifica-tions spelt out in their appoint-ment letters.

    Mr Lengoiboni said he was aware of the teething problems but noted that there was no excuse for the directors not to work to-gether.

    The two officials spoke yester-day during education stakehold-ers meeting convened at the Ke-nya School of Government in Nairobi to discuss the code of con-duct and ethics for teachers and the code of regulation.

    And speaking on the sidelines of the meeting, Kipsang and Len-goiboni said a joint meeting would be called to resolve the issues.

    We shall ensure they have quarterly meetings so that they can work together and harmoni-ously, said Kipsang.

    End turf wars, PS tells education

    county directors

    (Knut) and the Kenya Union of Post Pri-mary Education Teachers (Kuppet) yes-terday said teachers must be allowed to seek alternative sources of income to supplement their meagre pay.

    What we are saying is that teachers should ensure that whatever they do does not interfere with their profes-sional duties. But we cannot complete-ly bar them from pursuing any source of income, said Kuppet National Chairman Omboko Milemba.

    The teachers unions also argued teachers were respectable members of the society and cannot be locked out of fundraising activities.

    Teachers must be assimilated into the society and heads of institutions must not be reduced to mere specta-tors, said Knut National Chairman Mudzo Nzili.

    The document says that an employ-ee who wishes to contest an election shall resign from the service at least six months before the date of election.

    The revised code has spelt out of-fences that may see teachers struck off the register.

    TSC Secretary Gabriel Lengoiboni (left) confers with Education principal secretar-ies Collete Suda (centre) and Bellio Kipsang after a stakeholders meeting at the Kenya School of Government in Nairobi. [PHOTO: BEVERLYNE MUSILI/STANDARD]

    Friday, May 23, 2014 / The StandardPage 6 / NATIONAL NEWS

    TSC proposes stringent rules in revised Code of Conduct and EthicsContinued from P1

  • Friday, May 23, 2014 / The Standard NATIONAL NEWS / Page 7

    By KAMAU MAICHUHIE and PSCU

    President Uhuru Kenyatta yesterday afternoon visited and consoled the family of the late Gatundu South MP Joseph Ngugi at their Runda home in Nairobi.

    The President, who was ac-companied by National As-sembly Speaker Justin Muturi and Majority Leader Aden Du-ale assured the family of his support and prayers at this dif-ficult time.

    God has his time. He has time for each one of us. Yester-day was the time for our broth-er Ngugi. What we can do is thank God for moments we shared with him and for the service he was able to give to the people of Gatundu and Ke-nya at large, he said.

    He said the late Ngugi was hard working and strived to see successful implementation of development programmes in his constituency.

    In a space of one year he had managed to conclude quite a lot in terms of develop-ment programmes and proj-ects. Speaking to people who I

    Tobiko wants Muthama petition struck out

    Uhuru, Muturi console family

    of late MP

    By PAMELA CHEPKEMEI

    Director of Public Prosecu-tions Keriako Tobiko claims Machakos Senator Johnston Muthama is interfering with his work.

    He said Muthama is imped-ing his investigation of allega-tions of irregular sale of the 20,000 acre Malili ranch.

    Tobiko is investigating alle-

    gations of fraud against Muth-ama and eight others. He asked through his lawyer Paul Muite for a petition filed by the sena-tor at the High Court in Nairo-bi to be dismissed.

    Muite said the case requires that the DPP respond substan-tively to the claims in the peti-tion, yet he is still evaluating the police investigations file, evidence and documents. He

    said Tobiko is yet to decide whether give go ahead and prosecute the eight.

    The petition is premature, incompetent, unsustainable and ought to be struck out, says Muite. Muthama moved to court on May 5 seeking or-ders to stop the DPP from ar-resting and prosecuting him over allegations of irregular sale of the ranch. The petition

    will be heard on June 4. Justice David Majanja declined to is-sue the orders sought by Muth-ama through John Khaminwa saying his arrest was not immi-nent.

    The Senator filed the case after the Directorate of Crimi-nal Investigations made a rec-ommendation to the DPP to have Muthama and eight oth-ers prosecuted.

    Simon Ngugi was to be the chief guest at opening of a new market in his constituency

    used to work with when serv-ing as an MP of the area, all do agree that Ngugi was a hard working person whom they were proud of as their leader, said President Kenyatta.

    Muturi and Duale said Ngu-gi always went out of his way to ensure whatever programme was planned was implemented successfully.

    I have indeed lost a dear friend, who made it possible for me to get much closer to many MPs. Jossy went beyond the call of duty to ensure things were properly done, said Mu-turi.

    Ngugi had been scheduled to travel to his constituency for a prayer service to celebrate the commissioning of a new project the day he died, The Standard.

    PrAyEr SErvICEHis personal assistant, Mr

    David Gathanju, said he was with the MP on Tuesday eve-ning when they finalised plans for going to Gatundu town the following day.

    Ngugi was scheduled to be the chief guest during a prayer service on Wednesday to dedi-cate the new Gatundu ultra-modern market to the Lord.

    He was in good health and high spirits. We laughed and talked at length about many is-sues concerning the constitu-ency which was very dear to him, recalled Gathanju.

    Ngugi, who died yesterday, will be buried on Friday May 30, at his Gatudu South home.

    The late Gatundu South MP Joseph Ngugis wife Joyce at their home in Runda, Nairobi yesterday where President Uhuru Kenyatta, National Assembly Speaker Justin Muturi and House Majority Leader Aden Duale visited the family to offer their condolences. [PHOTO: PSCU]

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  • Page 8 / NATIONAL NEWS Friday, May 23, 2014 / The Standard

    By RAWLINGS OTIENO and IMMACULATE AKELLO

    Education Cabinet Secretary Jacob Kaimenyi has clarified that only uni-versity councils are mandated to re-view fees for their institutions.

    Prof Kaimenyi told university stu-dents planning a countrywide dem-onstration on Monday that fees would not be increased without their input.

    The body mandated to increase university school fees is the university council, not Kaimenyi. The vice-chan-cellors have only shared with me the need to review the school fees. I want to assure students that they will be consulted, said the Cabinet secre-tary.

    While launching the National Con-ference on Special Needs Education, Kaimenyi maintained that the minis-try had not developed any schemes to increase varsity fees.

    On Tuesday, public university stu-dents staged a protest across the country over the intention to raise fees. The CS said plans were under-way to review differentiate unit cost, saying it was important to cost cours-

    Varsity councils mandated to review feesKaimenyi assures students that the process to adjust fees will not be conducted without their input

    es offered at university level based on the needs of the course.

    He said it was illogical for students doing medicine, engineering and dental surgery courses to be given the same amount of money as those do-ing a bachelors degree in economics and other social sciences.

    We are going to review the differ-ent unit costings for various courses so that we look at the needs of a stu-dent doing a particular course. You cannot give a student pursuing a bachelors degree in medicine or den-tal surgery the same amount as one doing economics, said Kaimenyi.

    EDUCATION QUALITYCurrently, the Higher Education

    Loans Board (Helb) gives only up to Sh60,000 to any student who applies and qualifies.

    The CS disclosed that his ministry would advise the Government on the need to improve the quality of educa-tion depending on the number of stu-dents and the cost of equipment needed to train them.

    If Kenya could create a law like the Unclaimed Assets law in Florida State (in the US), we could generate money from unclaimed assets and use it to fund university education, Kaimenyi advised.

    The differentiated cost unit is con-tained in the Universities Act of 2012.

    Kaimenyi appealed to the State to increase the budgetary allocation for special needs education.

    Education Cabinet Secretary Jacob Kaimenyi (rights) with students during the first national conference on special needs education and disability main-streaming at the Kenya Institute of Curriculum Development, yesterday. [PHO-TO: GOVEDI ASUTSA/STANDARD]

    By ABIGAEL SUM

    Womens economic empowerment is vital for the achievement of Millen-nium Development Goals (MDGs), Devolution Cabinet Secretary Anne Waiguru has said.

    She said Kenya had distinguished itself globally by implementing affir-mative action in the Government pro-curement process, with the 30 per cent procurement provision currently being rolled out to ensure women, youth and persons with disabilities have access to State tenders.

    There is need to place emphasis on transforming the current gender-based division of labour so that wom-en and men enjoy equal treatment. This includes addressing the dispro-portionate representation of women in unpaid work, particularly care ser-vices, she said.

    She was speaking during the na-tional stakeholders meeting in Nairo-bi on Post 58 session of the Commis-sion on the Status of Women (CSW) and the Beijing Platform for Action +20 review process in Nairobi.

    Ms Waiguru said it was essential to encourage female participation in sci-ence, technology and mathematics, which remain male-dominated fields. The forum aimed at accelerating im-plementation of the key outcomes of the CSW 58.

    Womens economic empowerment key

    to realise MDGs

  • Friday, May 23, 2014 / The Standard Page 9

  • By GATONYE GATHURA Miraa is among 348 substances to

    be classifi ed by the United Nations Of-fi ce on Drugs and Crime as the new narcotics, overtaking abuse of tradi-tional drugs such as heroin and co-caine.

    In the latest Global Synthetic Drugs Assessment released on Tuesday, miraa appears prominently among what the UN is calling New Psychoac-tive Substances (NPS) said to pose a substantial threat to public health.

    Although these substances, includ-ing miraa, have not yet entered the of-fi cial record of globally controlled sub-stances such as heroin, they could very well be headed there going by the at-tention they are being given by the UN member states.

    Miraa signifi cantly entered the list of NPS in March last year, with some countries in Europe reporting its un-wanted presence in their regions.

    Also reporting the unwanted pres-ence of miraa in its territory to the UN was Saudi Arabia.

    The UN report says Saudi Arabia has reported the largest miraa seizures in the Middle East and, with the new development, the trend could only in-crease.

    UN to classify miraa among narcoticsReport says khat abuse is overtaking that of traditional drugs such as heroin and cocaine

    A global map developed by the UN shows how miraa moves from Kenya and several other East African coun-tries to the Middle East, Europe and then to North America.

    A new threat, the report says, is the increasing number of seizures in south-east Asia, which points to the possibility that Indonesia is cultivating its own miraa.

    The UN describes NPS as sub-stances of abuse, either in a pure form or a preparation, that are not con-trolled by previous international agreements but are increasingly being found to represent a public health threat.

    BEHAVIOUR MOODNPS are chemical substances that

    cross the blood-brain barrier acting on the nervous system to affect brain ac-tion, which may result in alterations in behaviour mood or perception.

    The report say the number of NPS has grown dramatically in the last few years.

    In the report, the National Author-ity for the Campaign against Alcohol and Drug Abuse indicates that emerg-ing drugs are also in use in Kenya. They give an example of amphetamines such as mandrax being in use by a small but worrying number of secondary school students in Nairobi.

    Last month, Ruth Kinuthia-Gathu, who is a lecturer and researcher at Ke-nyatta University, published a report showing Kenyans in Nairobi and Mom-basa are currently abusing more than 40 new substances, including painkill-ers and ARVs.

    By KEVINE OMOLLO

    The Netherlands will not withdraw its citizens from Kenya over insecurity threats.

    The Dutch government will, howev-er, collaborate with Kenya to improve the security situation.

    The Netherlands ambassador to Ke-nya, Joost Reintjes, said his government was not planning to issue advisories.

    Speaking at Maseno University in Kisumu County during a public lecture on freedom of communication on Wednesday, Mr Reintjes said Kenya was one of The Netherlands biggest busi-ness partners hence they were keen to promote bilateral ties.

    There are incidents of insecurity reported around but this does not mean we pull our people out of the country, said Reintjes.

    The sentiments come in the wake of travel advisories by the US, UK, France and Australia to their citizens against visiting Kenya, especially the coastal city of Mombasa, a decision which has caused uproar, with Coalition for Re-forms and Democracy (CORD) blam-ing the Jubilee Government for failing to counter insecurity in the country.

    The Kenya Government, however, says the travel advisories by the four Western countries over high threats of terrorist attacks in the country were aimed at causing unnecessary fear and panic.

    The Netherlands pledges to help boost security

    Friday, May 23, 2014 / The StandardPage 10 / NATIONAL NEWS

    Precarious balance

    Nairobi Governor Evans Kidero walks on a water pipeline while holding onto a guard rail for a new bridge which he offi cially opened yesterday during his vis-it to Kiambio slums. [PHOTO: JEFF OCHIENG/STANDARD]

  • By GATONYE GATHURA Miraa is among 348 substances to

    be classifi ed by the United Nations Of-fi ce on Drugs and Crime as the new narcotics, overtaking abuse of tradi-tional drugs such as heroin and co-caine.

    In the latest Global Synthetic Drugs Assessment released on Tuesday, miraa appears prominently among what the UN is calling New Psychoac-tive Substances (NPS) said to pose a substantial threat to public health.

    Although these substances, includ-ing miraa, have not yet entered the of-fi cial record of globally controlled sub-stances such as heroin, they could very well be headed there going by the at-tention they are being given by the UN member states.

    Miraa signifi cantly entered the list of NPS in March last year, with some countries in Europe reporting its un-wanted presence in their regions.

    Also reporting the unwanted pres-ence of miraa in its territory to the UN was Saudi Arabia.

    The UN report says Saudi Arabia has reported the largest miraa seizures in the Middle East and, with the new development, the trend could only in-crease.

    UN to classify miraa among narcoticsReport says khat abuse is overtaking that of traditional drugs such as heroin and cocaine

    A global map developed by the UN shows how miraa moves from Kenya and several other East African coun-tries to the Middle East, Europe and then to North America.

    A new threat, the report says, is the increasing number of seizures in south-east Asia, which points to the possibility that Indonesia is cultivating its own miraa.

    The UN describes NPS as sub-stances of abuse, either in a pure form or a preparation, that are not con-trolled by previous international agreements but are increasingly being found to represent a public health threat.

    BEHAVIOUR MOODNPS are chemical substances that

    cross the blood-brain barrier acting on the nervous system to affect brain ac-tion, which may result in alterations in behaviour mood or perception.

    The report say the number of NPS has grown dramatically in the last few years.

    In the report, the National Author-ity for the Campaign against Alcohol and Drug Abuse indicates that emerg-ing drugs are also in use in Kenya. They give an example of amphetamines such as mandrax being in use by a small but worrying number of secondary school students in Nairobi.

    Last month, Ruth Kinuthia-Gathu, who is a lecturer and researcher at Ke-nyatta University, published a report showing Kenyans in Nairobi and Mom-basa are currently abusing more than 40 new substances, including painkill-ers and ARVs.

    By KEVINE OMOLLO

    The Netherlands will not withdraw its citizens from Kenya over insecurity threats.

    The Dutch government will, howev-er, collaborate with Kenya to improve the security situation.

    The Netherlands ambassador to Ke-nya, Joost Reintjes, said his government was not planning to issue advisories.

    Speaking at Maseno University in Kisumu County during a public lecture on freedom of communication on Wednesday, Mr Reintjes said Kenya was one of The Netherlands biggest busi-ness partners hence they were keen to promote bilateral ties.

    There are incidents of insecurity reported around but this does not mean we pull our people out of the country, said Reintjes.

    The sentiments come in the wake of travel advisories by the US, UK, France and Australia to their citizens against visiting Kenya, especially the coastal city of Mombasa, a decision which has caused uproar, with Coalition for Re-forms and Democracy (CORD) blam-ing the Jubilee Government for failing to counter insecurity in the country.

    The Kenya Government, however, says the travel advisories by the four Western countries over high threats of terrorist attacks in the country were aimed at causing unnecessary fear and panic.

    The Netherlands pledges to help boost security

    Friday, May 23, 2014 / The StandardPage 10 / NATIONAL NEWS

    Precarious balance

    Nairobi Governor Evans Kidero walks on a water pipeline while holding onto a guard rail for a new bridge which he offi cially opened yesterday during his vis-it to Kiambio slums. [PHOTO: JEFF OCHIENG/STANDARD]

  • Page 11Friday, May 23, 2014 / The Standard

    TENDER NOTICEKENYA WATER INSTITUTE (KEWI) invites sealed tenders from contractors to carry out the following proposed works.

    A) PERIMETER FENCING OF KITUI KEWI CAMPUS LAND AT KITUI COUNTY TENDER NO- KEWI/TEN/017/2013-2014

    B) RENOVATION OF MECHANICAL PRODUCTION UNIT(MPU) INDUSTRIAL AREA NAIROBI- TENDER NO -KEWI/TEN/018/2013-2014 C) CONSTRUCTION OF A RESOURCE CENTRE AT KEWI MAIN CAMPUS NAIROBI TENDER NO - KEWI/TEN/019/2013-2014

    Interested and eligible contractors who are registered with NCA category 6 and above for the above general building works, (proof of registration required) may obtain tender documents from the Procurement Office

    KENYA WATER INSTITUTE Tel : 254-020 607425/ 607433 /607348 OLE SHAPARA AVENUE Fax No : 254-20-606718 NAIROBI SOUTH C Mobile : 0722-207757 P.O. BOX 60013 00200 NAIROBI. E-mail : [email protected] should note that only those meeting Mandatory Requirements for tendering indicated below as minimum, supported by relevant documents at submission will be considered for further evaluation.

    1. Copy of current company registration/incorporation by registrar of companies.2. Copy of certicate of registration from the National Construction Authority under category NCA 6 and above for building works.3. Proof of similar works completed in the last ve years giving details of clients who may be contacted for reference to conrm

    that the rm meets the prescribed experience requirement.4. Proof of availability of qualied and experienced personnel.(Professional and Technical personnel Certicates attached)5. Audited accounts for the last two nancial years 6. Availability of equipments and facilities and proof of ownership.7. Copy of valid Tax compliance Certicate issued by KRA.8. Current trading license 9. Dully lled condential business questionnaire.10. Further a tender from a tenderer whose tender sum is plus or minus 10% of the official estimate shall be treated as non-

    responsive and therefore subject to automatic disqualication.

    Tenders in plain sealed envelopes, marked Tender No. on the right hand side corner of the envelope and bearing no indication of the

    tenderer should be addressed to:KENYA WATER INSTITUTE

    OLE SHAPARA AVENUE, NAIROBI SOUTH CP.O. BOX 60013 00200 NAIROBI.

    Note: Drawings can be downloaded from Kenya Water Institute website, www.kewi.or.ke or soft copy can be obtained from the procurement office between 8.00 am to 5.00pm during working days.

    Bidders shall be required to pay a non-refundable fee of Kshs. 1000.00 in cash or bankers cheque payable to the Director, Kenya Water Institute for each tender at the Institutes accounts office during working hours. All Tenders in accordance with the instructions to bidders must be delivered and placed in the tender box at Kenya Water Institute, Ole Shaparo Avenue on or before 12th June 2014 at 10.00 am. Tender opening shall be done immediately thereafter at the Boardroom in the presence of the bidders representatives who choose to attend. Kenya Water Institute reserves the right to reject any tender without giving reasons for the rejection and does not bind itself to accept the lowest or any tender.

    Ag. DIRECTORKENYA WATER INSTITUTE

    KENYA WATER INSTITUTE

    It has come to the Notice of the County Government of Kilifi that unscrupulous people and land agents are demanding Kshs 100,000 from unsuspecting Wananchi promising them that they will be included in the list of would be beneficiaries of the Chakama Settlement Scheme Phase II. This is to inform the general public that the County Government of Kilifi has not sanctioned any person or land agent to collect money from would be beneficiaries of this scheme. Any individual participating in this fraudulent act by giving out or receiving money is doing so at the risk of losing his/her money and or prosecution. Any citizen who has given out such money should report the matter to the County Lands Office in KILIFI or to the nearest Police Station.

    CHIEF OFFICER - LANDS & HOUSINGCOUNTY GOVERNMENT OF KILIFI

    THE COUNTY GOVERNMENT OF KILIFI

    OFFICE OF THE COUNTY EXECUTIVE COMMITTEE MEMBER

    LANDS, ENERGY, HOUSING, PHYSICAL PLANNING & URBAN DEVELOPMENT

    PUBLIC NOTICE

    UNSCRUPULOUS DEALINGS IN CHAKAMA SETTLEMENT SCHEME PHASE II - KILIFI COUNTY

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  • Page 12 / NATIONAL NEWS Friday, May 23, 2014 / The Standard

    Deputy President William Ruto (second right) with other African leaders at the official opening of African Develop-ment Bank ( ADB) Conference in Kigali, Rwanda yesterday. [PHOTO: dPPs]

    QuickReadBarasas extradition case postponed to later date

    A case in which President Uhuru Kenyatta has distanced himself from an application by journalist Walter Barasa seeking the withdrawal of International Criminal Court (ICC) charges against him and Deputy President William Ruto failed to take off yesterday. Justice Isaac Lenaola who was to preside over the hearing was away at the East African Court of Justice. A notice at the High Court said fresh dates on the matter would be given at the Registry. Barasa, who is fighting extradition to the ICC, moved to court seeking orders to quash Uhuru and Mr Rutos cases on grounds that they are constitutionally invalid, null and void

    Court orders proceedings typed in Omtatahs case

    The Kibera Law Courts has ordered for typed proceedings of a case in which an activist is charged with disrespecting the court. The court wants the proceedings to be ready in 14 days. Human Rights Activist Okiya Omtatah is being accused of hate speech. He faces charges of disrespecting the court by saying the court is being used like a condom. Mr Omtatah who is an executive director of Kenyans for Justice and Development (Kejude) yesterday told Principal Magistrate BM Ochoi that the case has taken long in court and there was no complainant. He added that he has made several applications in court for the prosecution to avail the proceedings in vain.

    Supkem given 456 days to hold AGM and officials elections

    In a letter dated May 14, the Registrar of Societies has ordered the Supreme Council of Kenya Muslims (Supkem) to hold elections in the next 45 days, a move that is likely to spark jitters in the organisation. The letter, signed by Ernest Kioko, accused Supkem officials of violating Section 29 of the Societies Act by failing to conduct the organisations Annual General Meeting, and holding of elections for all office bearers. This office is in receipt of a complaint dated April 23, 2014, requesting our office to urgently intervene as a result of inactiveness on the part of the executive committee of the Supkem for failing to hold AGMs for several years and therein conduct elections of all office bearers, read part of the letter.

    NLC sued over illegal appointment

    The National Land Commission has been sued over an alleged illegal appointment for the position of Secretary to the County Land Management Board of Wajir. An application before the High Court in Nairobi by Abdirahaman Mohamed and Farah Abdinoor says the position has been given to a non-resident of Wajir, contrary to the expectations of the countys residents. September 18, 2013, NLC advertised for the positions in the 47 counties for members of the County Lands Management Board and secretary to the board. The two applicants want NLC compelled to serve them with the true copies of the shortlisted candidates.

    By CArOLiNe rweNji

    Mary Deya, a woman who claims that she gave birth to a miracle baby, will now have to serve the rest of her remaining three-year jail term.

    Ms Deya had appealed against the sentence handed down by a magis-trates court claiming that the court

    Miracle baby mother to finish jail termMrs Deya had appealed sentence by a magistrates court saying it lacked enough proof to jail her

    did not have sufficient evidence to jail her.

    However, High Court Judge Msagha Mbogholi found that Deya is indeed guilty and should serve the jail term.

    She was convicted in 2011 of steal-ing a child and also had two counts of giving false information to James Kia-rie, the Head of Department of Ob-stetrics and Gynaecology at the Ke-nyatta National Hospital on September 10, 2005.

    I have no doubt in my mind that the appellant stole this child, and to justify the end result, she gave false information. The offences were prov-en beyond any reasonable doubt and convictions were well founded, Jus-tice Mbogholi said in his judgement.

    Instead of ordering the sentences

    to run consecutively as asked, he di-rected the sentence to run concur-rently as the offences were commit-ted in a running transaction.

    Deya appealed against the sen-tence and then applied for bail as her appeal was heard and determined, which was granted.

    In her appeal, she said the court lacked sufficient evidence to sustain the conviction.

    LABOur pAiNSThere was no credible complain-

    ant and the evidence tendered to es-tablish the ingredients of the charg-es, she had stated.

    She maintained that her evidence dented that of the prosecution.

    She claimed that in September

    2005, she went into labour while shopping in Nakumatt Supermarket. She says that she got into a taxi where she delivered a baby boy and was then taken to KNH.

    However, tests done on her re-vealed that she had not carried any pregnancy nor given birth to the child.

    Laboratory tests done were found negative for pregnancy, which brought the conclusion that she was not the childs mother, the court heard.

    She had been sentenced to three years for child theft and two years each for the two counts of giving false information to a public officer, a sen-tence that she will now serve concur-rently.

    By FeLiX OLiCK The Sh1.4 million Anglo Leasing

    payments sanctioned by President Uhuru Kenyatta was wired to one bank account, The Standard has es-tablished.

    The amount was sent to one Travers Smith who holds an account with Natwest Bank, City of London branch, confirming that the firms be-long to one shadowy person.

    According to agreement letters be-tween the Kenya government and the two Anglo Leasing-type firms, First Mercantile Securities Corporation and Universal Satspace, the money was sent to account number 00859184.

    Speaking to the press in his office on Monday, Attorney General Githu Muigai revealed that both First Mer-cantile Securities Corporation and Spacenet Inc were linked to Kenyan businessman Anura Perera.

    According to Prof Muigai, the mon-ey was a penalty for incomplete pay-ments for the two contracts that Ke-nya signed with two firms in 2002 under the tenure of his predecessor, Amos Wako.

    Anglo Leasing money wired to

    one account

    Uhuru given an investment award

    By StANdArd repOrterPresident Uhuru Kenyatta has

    been honoured as the Africa Investors Infrastructure Personality of the Year.

    The award was given by Africa in-vestor (Ai), a leading international in-vestment and communications group.

    The announcement and presenta-tion was made at the Ai CEO Infra-structure Investment Summit that took place in Nigeria.

    The award was presented by Hu-bert Danso, chief executive officer and vice chairman of Africa investor, who said; President Kenyatta has dis-played a unique capacity to engage and ensure the private sector partici-pates and brings transformative infra-structure projects to financial and ca-talysing job creation through each phase of the projects.

    Ruto persuades African leaders to involve the youth in governance

    Good infrastructure, proper secu-rity and cheap electricity are key for growth in our countries, Mr Ruto told the gathering.

    Ruto said Kenya is already provid-ing opportunities to the youth in ad-dition to allowing them access funds for business and doing business with the Government.

    The Deputy President said access to credit by small and medium size businesses and youth was critical for growth. He said the Government was focusing more on training young Ke-nyans in areas that are relevant in the industry.

    To mainstream the majority who are young people, we are re-engineer-ing education to enrich their skills that are relevant in sectors we feel can help our country grow, he said.

    He also said commercial farming was critical to help resolve the food crisis in Africa. President Museveni said development of infrastructure and production of more electricity

    By dppS

    African leaders have agreed to in-volve more youth in governance and business in order to spur the conti-nents economies.

    However, the leaders said skills and ideas would be more critical in picking the youth other than age alone. The leaders who included Dep-uty President William Ruto were speaking in Kigali, Rwanda during a two-day meeting of the African Devel-opment Bank.

    Others were Ugandan President Yoweri Museveni, Paul Kagame (Rwanda), Ali Bongo (Gabon) and Mauritanias Mohamed Abdelaziz. A host of former presidents and other dignitaries across the world attended the forum.

    The leaders agreed that although most Africa countries realised growth of more than five per cent, the conti-nent lacked proper infrastructure, electricity and technology.

    and making it cheaper would stimu-late manufacturing and create more jobs for the youth.

    Now that most countries in this region have discovered oil and gas, it is important that we quickly revamp our infrastructure, the Ugandan leader added.

    Museveni observed that the growth being experienced in Africa was in sectors that do not create jobs hence the need for countries to refocus their attention.

    This is a continent of miracles. Growth is high but on sectors that dont create jobs. Weve growth with-out infrastructure and electricity. We have to think how to create jobs, he said.

    He said although the youth will be incorporated in development, they must be skilled people with ideas not just age.

    We have some youthful leaders with very old ideas that cannot help Africa, said Museveni.

  • Friday, May 23, 2014 / The Standard Page 13

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    For starters, it is important to note that an insurance policy is a legal contract between the insurance company (the insurer) and yourself (the insured). Like any contract that we enter into, the insurance agreement is only valid when the clauses contained therein are honoured. Reading and understanding the policy document, therefore, is crucial in honouring the contract and consequently benefitting from the contract at the right time. All insurance covers have policy documents and it is important to get a copy of this document from your insurer. In the event of losses or claims, you are always asked for or referred to the policy document. It is, therefore, advisable to keep this document safely for future reference.

    YOUR OBLIGATIONSBy reading the policy document, you are

    in a good position to verify whether it meets your needs and that you understand your obligations and those of your insurer. It is true that reading a policy document is not much fun as reading some action packed or inspirational novel. Fact is that it is a fairly complex document (I mean it is a contract so what do we expect?) that tries to explain all the things you are covered for, and all the things that are excluded when a loss occurs. We have had complaints of there being fine prints in insurance documents making it cumbersome to read. The Insurance Regulatory Authority (IRA) has standardized the policy documents without taking away its importance, thereby, making them easier to read and understand. Consumers now have no excuse of failing to read their policy documents and raising relevant questions with their insurers in good time.

    EVIDENCE OF THE CONTRACTAn insurance policy is the document, which

    is the evidence of the contract between the insurer and yourself. Many people purchase policies without understanding what is covered, the exclusions that may take away some coverage, and the conditions that must be met in order for a claim to be paid should a loss occur. This lack of understanding is one of the causes of many complaints against insurance companies when it comes to claims settlement.

    The policy document spells out the risks covered and which the insurance company commits itself to take care of in the event of a loss. It also gives a description of the item covered and the financial limit available should the loss occur. Critical in the policy document is the commencement and expiry date of the contract.

    BEWARE OF EXCLUSIONSIn the same document, the exclusions are

    also spelt out. These are the losses which may not be covered by the policy should a loss occur. Many insurance complaints arise from the exclusion clauses, which on most occasions are not read or well understood. For instance, a medical insurance policy may not cover the medical bills if they result from hospital expenses of an attempted suicide. Likewise, a life policy will not be honoured if the insured committed suicide. A motor policy does not pay for wear and tear or even mechanical breakdown since these are inevitable. A fire policy, on the other hand does not pay for fire loss if the insured is involved in starting the fire. The above four examples are not accidental in nature and cannot be paid by insurance companies. Remember that for a loss to be payable, it must be accidental in nature.

    Your policy document also has a section that elaborates the things that you are supposed to do during the policy and after a loss has occurred. These are called conditions. They are provisions that have been included in the policy document and can be used to qualify or place some limitations on the insurance companys promise to pay. If you do not observe these conditions, the insurance company may deny a claim. The conditions vary according to the policies. For instance, in the case of a motor insurance policy, you are required to keep the vehicle in a sound mechanical condition. Should you be involved in an accident and the vehicle was not in a good mechanical state, the company may use this as a ground for declining the claim.

    GOOD NEWSThe good news is that insurance companies

    now provide insurance policy information that is easier to understand. However, you still need to review the document carefully and raise any questions you have within a stipulated time without incurring loss in the form of premiums already paid.

    Remember, it is your right to be issued with the policy document.

    [email protected]: @noellamutandaThe Author is the Head; Corporate Communications,Insurance Regulatory Authority

  • Page 14 / EDITORIALS Friday, May 23, 2014 / The Standard

    Only holistic approach will end road carnage

    The Standard is printed and published by the proprietors,

    THE STANDARD GROUPNewsdesk: 3222111 | Fax: 2213108Email: [email protected]

    Group Managing Editor (Print): Kipkoech Tanui

    Registered at the GPO as a newspaper.

    Protect property owners from Ardhi House corruption

    WHAT OTHER MEDIA SAY...

    Even after the High Court lifted the ban on night travel for public service vehicles, the Cabinet Secretary for Transport, Mr Michael Kamau still maintains that the ban is on. This is the second time he has ignored court orders though he insists he has not been served with them.

    While this contest of wills between the Executive and Judiciary goes on, the commuter, the ordinary Kenyan at whose service the two protagonists should be, is suffering. The negative effects of the ban on the economy and social lives as many devise ways to beat the ban cannot be gainsaid. The rule of law must take effect since we cannot sit in limbo indefinitely because banning night travel is one way, among many, of minimising road accidents.

    And that is why Kamaus insistence that all heavy commercial vehicles be fitted with speed governors, while acceptable, does not even attempt to address the issue of accidents involving trucks. Heavily laden trucks hardly reach the legal speed limit on the highways. One of the biggest problems, the engineer should know, is the width and length of the trucks vis-a-vis the width of the roads. The sluggish pace of movement, mechanical breakages along the roads that occasion dangerous, unmarked stalling and brake failure from poor maintenance and overloading are the major contributors to accidents involving these trucks.

    Some of the most effective measures of reducing accidents involving trucks would include building special lanes for lorries and specially designated parking areas away from the main roads to make them clear of obstructions. Night movement of trucks should be banned alongside the PSVs. No trucks should be allowed on the roads beyond 6pm. This will also give drivers time to relax and reduce fatigue. Speed gover-nors alone will not achieve much.

    But most importantly, the humans operating the machines should be drilled to value human life for what it is: priceless.

    JK8E;8I;K?