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    Kalonzo: Why I Am Opposed To Constitutional Amendments

    Wiper Party leader Kalonzo Musyoka has said he will oppose any constitutional amendments seeking to claw back gains in devolution. Mr Musyoka said this on Sunday, noting that the matter of a higher wage bill should not be used to do away with institutions such as the senate and county assemblies, which are critical to

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    Joshua Kuttuny Humiliates Murkomen

    There was drama, name calling , noise and trading vile on Citizen TV interview moderated by Hussein Mohammed between senate Majority leader Hon Kipchumba Murkomen and Cherangany MP Hon Joshua Kuttuny. Hon Kuttuny accused senator Murkomen of defending maize cartels who looted funds meant for maize farmers while Murkomen

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    Senegal abolishes Senate and Vice President post in order to save money

    Last week, Senegalese lawmakers voted to do away with the senate, passing a law which dissolves the institution in order to save an estimated $15 million. The nation's Minister of Justice Aminata Toure explained that the suppression of the senate was intended to curb government spending, and will provide the cash need

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    Murkomen Heckled

    [ad_1] Elgeyo Marakwet senator Kipchumba Murkomen has been booed as he presented his views at the Bomas of Kenya during the Building Bridges Initiative (BBI) report unveiling. Murkomen was heckled by members of the public present at the report unveiling. The senate majority leader was irked by the programme coordinator

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    Senate directs EACC to fasten probe on Kilifi's Sh51m fraud

    Public Accounts and Investment committee in the senate has implored the Ethic and Anti-Corruption Commission ( EACC) to fast track investigations into the sh51 million fraud in Kilifi and recover the cash. The oversight committee led by Senator Sam Ongeri appealed to the EACC following the lamentations by the county g

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    Mbadi wants Mps to condemn harassment of senators

    National Assembly Minority Leader John Mbadi has called on Mps to put their weight behind their colleagues in the senate who are being arrested. Mbadi said they should condemn the arrests because the same thing might equally happen to them. “When we see senators being harassed and arbitrarily arrested, we should not

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    Uhuru hosts senate leadership ahead of the revenue vote

    Top senate leadership is currently meeting President Uhuru Kenyatta at State House ahead of this afternoon's crucial vote on the disputed revenue sharing formula. Senate Speaker Kenneth Lusaka, Majority Leader Samuel Poghisio and his minority counterpart Senator James Orengo are attending the meeting. Senators will r

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Article
Uasin Gishu residents demand EACC investigate stalled county projects under Governor Jonathan Bii
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Boi Boi

@yobos · May 21

A section of residents in Uasin Gishu want the Ethics and Anti-Corruption Commission (EACC) to investigate graft claims at the Uasin Gishu County Government.

They say graft has halted operations and many use the president’s name to push their agenda.

“Uasin Gishu County is the home of the president and things should be done properly. If EACC lets us down, then the problem is not the governor,” said one local who accused Governor Jonathan Bii, popularly known among locals as "Koti Moja". Uasin Gishu residents demand EACC investigate stalled county projects under Governor Jonathan Bii

This call comes as a senate committee directed EACC to investigate how contractors were paid in full for stalled multibillion-shilling projects in the county.

The Senate Public Accounts Committee cited corruption and lack of oversight in the misuse of public funds.

Among the projects senators want examined are the abandoned Ksh 700 million Kipchoge Stadium, Ksh 600 million 400-bed Ziwa Level Four Hospital, and a special needs assessment centre projected to cost over Ksh 2.4 billion.

Some projects began during the tenure of Jackson Mandago, now the county senator.

During a tour of Ziwa Level Four Hospital, senators were shocked to find the contractor had not completed phases one and two despite full payment.

It also emerged that the county tendered for phase three before finishing earlier phases.

“During our tour of major projects in Uasin Gishu County, we were surprised to find all abandoned. Contractors awarded tenders left the sites over two years ago after full payment without completing work,” said committee chairman and Homa Bay Senator Moses Kajwang.

Kajwang wants EACC to speed up the investigation so legal action can be taken against those who misused public resources.

He asked the commission to review spending on the stalled projects.

At a meeting in the Uasin Gishu County Assembly, senators challenged the governor over the abandoned projects despite funds being allocated for them.

The committee also raised issues with priorities, pointing to billions spent on projects that provide little benefit to the community.

Kajwang, joined by senators Johnes Mwaruma (Taita-Taveta), Enock Wambua (Kitui), Samson Cherargei (Nandi), and Steve Lelegwe (Samburu), said the number of stalled projects in the county was alarming.

“EACC must carry out thorough investigations into possible corruption.”

Story · Koti Moja Under Fire as Uasin Gishu Residents Demand EACC Probe Over Stalled County Projects
Article
United Kenya Club
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Boi Boi

@yobos · Aug 3

United Kenya Club members and staff during a tree planting session in 2014

Hi Cyprian,

Thank you for the good job you are doing

I would like to bring to your attention about the negative developments and one of Kenya's oldest and historical private members club - that is United Kenya Club (also known as UKC) located along State House Rd and next to YMCA Club and St. Paul Catholic Chapel.

The board comprises of 13 members/directors elected amongst the Club Members. Normally each director is eligible to serve as maximum of two terms.

Each term is 3 years.

So normally after around 2 years, there is change of directors, through elections held at the annual AGM.

The trouble is we have 6 directors who are due to retire, having completed 2 terms and even exceeded 6 years in the board.

These directors are: Dr. Ogara (current chairman), Dr. Pamela Olet; Professor Kemoli; Dr. Kiura; Mr. Peters Awuoundo and Beatrice Okoko. They have been directors since 2014 and are illegally in office having exceed their terms.

The Club normally holds its AGM in November but the former Chairman, Dr. John Ondeko used the excuse of COVID-19 to suddenly cancel a virtual AGM in November 2020 in a bid to extend his term, having himself been in the Board for more than 8 years. United Kenya Club - Board of Directors

Last year, due to pressure from Members, the former chairman, Dr. John Ondeko called an AGM in June 2021 and he thereafter stepped down. The Chairman, Vice-Chairmen, Club Treasurer and Board Committee chairpersons are elected by the directors themselves.

The problem is Dr. Ondeko has captured the Club by manipulating the membership over the years and having some of them hijack the AGM of 2018 and 2019 to grant him an extension of his term as Director and Chairman. This is an illegality as it goes against the Club's Articles and Memorandum of Association. Fight for Control The United Kenya Club is registered as a company.

Despite having reluctantly left the board, Dr. Ondeko through some members, has been advocating for creation of a role of Club Patron. He is targeting this role and is seeking to empower it to supervise the board so that he continues his role as "Chairman" lording over the Club Board.

The Club's Articles feature a Patron role, which has been dormant since the early 80s, last held by Charles Njonjo. This Patron role is ceremonial and honorary and given to a respectable member of society to help build publicity and image of the Club externally and not lord or interfere with the Board of Directors or the day-to-day running of the Club's Affairs.

During the last AGM held on a Saturday afternoon in June 2021, the same former director used some crocked club members to try and introduce a motion late in the evening and the meeting for creation of a Club Patron role. A motion members found sinister as there is no leadership vacuum in the Club.

This motion was shut down. United Kenya Club

However, his proxies in the Board who are also all the above listed directors meant to have long exited the Board led by Dr. William Ogara of UoN have for the past one year been agitating for creation of this role, holding secret meetings with the former chair and his agents to create amendments to the Club Articles and Memorandum of Association to mutilate these documents and create the role of a team of patrons (not one now, but 7) to oversee the Club affairs, usurping the Board legal mandate but without taking accountability for the same. In their words, they want to create a powerful "senate" to supervise "parliament i.e. the Board of Directors, which is the body with legal mandate to run the Club

This week on Thurday 28th November, the current Chairman and the above listed directors have called for an Extra Ordinary General Meeting (EGM), to push their motion for creation of a very powerful Council of Patrons. These patrons will be occupied by the 6 outgoing directors listed above plus the former Chair who will be the Chair of Patrons.

See attached the notice of EGM and proposed changes in articles and memorandum of associations to enable these illegal changes.

This group thinks that they "own" the Club and are very tribal and want it to remain as its perceived as a "luhya"-base. View document Instead of calling for an normal AGM as dictated by the Club's Constitution, this group has called for an EGM with the home of using this eleventh-hour to elections climate to hurriedly create these roles whilst the attention of members is on the elections.

They hope that once passed, they will hurriedly resign as Directors and jump in to the new Council of Patrons then hold sham elections of directors to replace the 6 outgoing ones - six directors remain in office until their terms expire.

Please bring this to the attention of the public. Financial problems This club is where many meetings were held about independence of Kenya and the future of this country after self-rule.

However, it has experienced bad leadership due to tribal leaders such as this cabal.

Members are disgruntled by this move and are planning court action tomorrow or before the EGM to stop it and if they fail, they will be trouble during this Thursday's meeting to be held at the lounge of the Club.

Kindly use your website and wider social media reach to expose this cabal that wants to hijack an old members club.

Our Club is in trouble financially and compliance-wise. It owes Kenya Revenue Authority (KRA) over Sh12Million. For this reason, in January 2022, KRA wanted to close down the Club. View document The Club owes Retirement Benefit Authority (RBA) for staff retirements payments; it owes the staff SACCO, staff deductions not remitted as well as suppliers and vendors.

EGMS are held as a matter of emergency and the emergency in this case is not the above issues like financial survival of the Club but rather a few self-seeking old men and women refusing to vacate leadership positions for new members.

Please highlight this long story but critical, this Club has long history and respect but is hijacked by a few bad apples who are seeking dynastical and tribal tenure.

Thanks and keep up the good work.

Story · Trouble at United Kenya Club - UKC
Article
Screenshot from 2022-04-26 11-13-11
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Boi Boi

@yobos · Apr 26

CAPTION: KALRO Director-General Dr Eliud K. Kireger All is not well at the Kenya Agricultural Research and Livestock Organization (KALRO). Over the past few weeks, this blog has extensively highlighted a long list of administrative injustices raised by employees working at the state-funded institute. Staff Expose Glaring Administrative Injustices At KALRO Discrimination Of Drivers At KALRO KALRO Staff Petition Senate Over Crooked Promotions Most recently, as many local media outlets ignored the situation, we reported how a section of disgruntled KALRO staff petitioned the Senate over crooked promotions at the organization.

In the letter addressed to the Chairperson of the Senate Agricultural Committee hardly a week ago, the workers requested the upper house to urgently find a way to launch an official probe into the allegations and immediately offer guidance on the way forward.

https://nyakundireport.com/kalro-staff-petition-senate-over-crooked-promotions/

Exercising their rights through Article 37 of the constitution, they additionally requested that if possible, the Ethics and Anti-Corruption Commission (EACC) be brought into the fray.

Six days later, fresh information from insiders within KALRO continues to be forwarded to us.

One after another, the submissions paint a scaringly ugly picture that if not quickly resolved, threatens to bring down the entire institute.

In the latest e-mail anonymously forwarded to our newsdesk on Tuesday morning, an intern at the organization poured out frustrations which he said have been giving him sleepless nights.

Confirming the myriad of malpractices and irregularities earlier confessed by colleagues, the victim whose name (for obvious reasons) we shall keep anonymous expressed strong fears that his father, who has been a long-serving employee since the 90s, might end up retiring without being rightfully rewarded.

Despite advancing his education over the years - from a certificate to a diploma all the way to a degree in 2014 - the single father of one has yet to ever be promoted.

Considering he joined KALRO as a graduate unlike his dad who began in a junior employee role, the victim feels that in the lucky case he gains permanent employment at the state organization, it would be quite unfair if he ends up being ranked higher than his father who as per the records, graduated 5 years earlier.

He further claims that this unfortunate situation has left his old man deeply devastated and on the brink of depression.

The widower no longer talks to friends and avoids phone calls. "Hi, Nyakundi, Please hide my identity to allow me to say something about the ongoing debate on staff issues at KALRO. I am an intern and I am forced to write to you because this debate is giving me sleepless nights. My dad has been working for the organization since the 90s. He started as a junior officer but over the years he has advanced in his studies from a certificate to a diploma and finally graduated with a degree in 2014. Despite all these achievements, my father has never been promoted. I lost my mother when I was in class six but my father stepped in the role of father and mother which made us very close. I graduated with a degree in 2017 and in early 2018 my father advised me to apply for an internship at KALRO where I have been an intern since then. Sometimes last month, KALRO advertised for positions for which I applied before they were cancelled. Mid this month, KALRO has again advertised the same position. Here is where my problem started. According to the KALRO grading system, (1) is the highest while (12) is the lowest. The entry grade for degree holders is KR 8. My dad is in KR 10. Yet he graduated in 2014. Even though we are not in the same centre, I feel that this is very unfair. In case I am employed how will I be two grades higher than my dad who graduated 5 years earlier than me? Is this really fair? This situation has not only given me stress but my dad is also not in good health. Of late he keeps to himself, whenever I call him his phone goes unanswered. He only texts saying that he is in a meeting. His friends are complaining that he no longer calls them. Could my dad be suffering from stress? Surely who can help? As an only child, I think my father is stressed. Depression is real. Kindly help. I am worried," the source writes.

Story · 'My Father Never Earned Promotion Despite Years Of Service To KALRO' - Victims Unearth More Dirt At Troubled State Organization
Article
KALRO staff petition Senate over crooked promotions
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Boi Boi

@yobos · Apr 20

Dr. Eliud Kiplimo Kireger is the Director General/CEO of KALROKenya Agricultural and Livestock Organization (KALRO) Kenya Agricultural and Livestock Organization (KALRO) is an important government body that is mandated to contribute to the growth of the agricultural sector through research coordination and regulation; technology and innovation development; and catalyze transfer and utilization of agricultural research outputs. Their staff have written to the Senate to investigate the organisation over crooked promotions. In Kenya, corruption has destroyed meritocracy. Many moneyed people buy job for themselves and their kin thereby defeating the core goodness of being loyal to the organisational ideals and hardwork. For example, these days, govt agencies such as the KDF, and police have attracted children of moneyed people who even during training are given special favours and soon after promoted to positions of leadership. This creates a culture of laziness and soon, laced with impunity, the country cannot withstand terrorists because the criteria for employment are not based on merit but on blood relations and tribe. People who are just there to earn money and nothing else. People who even when they are underperforming, cannot be replaced. READ: Staff Expose Glaring Administrative Injustices At KALRO That's just an example of how nepotism and tribalism make agencies or even companies fail in the long run. Below is the letter by KALRO staff, addressed to the Senate. KALRO staff have exercised their right through Article 37 of the constitution. Everyone should for a better country. Kenya Agricultural and Livestock Organization (KALRO) Employees C/O Ourselves Nairobi Headquarters 14/04/2022 The Chairperson Agricultural Parliamentary Committee Parliament Building Po Box 41842 – 00100 Nairobi - Kenya The Chairperson Senate Agricultural Committee Parliament Building Po Box 41842 – 00100 Nairobi -Kenya Through The Clerk National Assembly And The Clerk Senate Dear Sir/Madam RE: PETITION TO THE SENATE CONCERNING VIOLATION OF EMPLOYMENT REGULATION AS STIPULATED IN THE HUMAN RESOURCE MANUAL We the undersigned are employees of Kenya Agricultural Research and Livestock Organization (KALRO). DRAW the attention of the senate to the following, THAT; • KALRO management has shown intention to hire new employees as advertised in the (Daily Nation of April 14th 2022) • KALRO seeks to place them higher than its staff who have had superior qualifications for decades and have not been promoted, designated or placed appropriately. • The union has failed KALRO staff because it has been compromised.  The organization is in violation of constitution principles set out in Article 250 (5) of the Constitution and Section 12 of the SRC Act, 2011.  KALRO Staff have very serious issues of promotion, placements re designation among others. The organization is in violation Section 45 of the Public Service. The advert places degree holders several grades higher than serving staff with the same qualification and have served for many years without promotion, placement, and designation.  Staffs have continued to stagnate in the same grades since 2014 while a minority has been promoted irregularly and secretly. Majority are losing out on Gross pay and pension. The organization is in violations of rights under Article 23 of the Constitution Act, Section 5 of the Employment Act, Sections 18,9 and 24 of the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 201 and other enabling provisions of the law such as salaries and remuneration Commission.  Petitioners submit that Article 27(1) of the Constitution entitles the petitioners equal protection and benefit of the law. MOREOVER, we observe that,  Despite these glairing administrative injustices and many more, efforts geared towards corrective measures such as placements, promotions and designations, have failed.  The few promotions carried out were not based on merit and the action of the Respondent amounts to unlawful, unilateral and subjective decision bordering on abuse of office and violation of the petitioners fundamental rights under the Constitution and breach of the Respondent’s statutory duty owed to the petitioners, particularly Section 45 of the Public Service.  Arising from the foregoing this situation has provided fertile ground for petitioners to undergo untold suffering, mental anguish and illness resulting from stress. WHEREFORE, your humble petitioners pray that the senate, 1. Hears and investigates this matter in order to make appropriate recommendations thereon 2. Issues a permanent injunction restraining the Respondent its servants, officials, representatives and/or agents from interviewing appointing the recruits to the positions while serving employees with superior qualifications have not been promoted, designated, and placed for decades. 3. Directs a forensic audit in view of the foregoing issues and 4. Directs that the Ethics and Anti-corruption Commission (EACC), Director Of Criminal Investigations (DCI) Director of public prosecution (DPP) to investigate whether any criminal offenses arise from the facts set out in the petition and take appropriate action there on.

Story · KALRO staff petition Senate over crooked promotions
Article
DnKerochebrew0807gh
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Boi Boi

@yobos · Mar 9

CAPTION: Keroche Breweries founders Joseph and Tabitha Karanja A software programmer has accused Keroche Breweries Limited of shortchanging him in a botched business deal. Speaking out on social media, he narrated how the troubled beverage manufacturer sought his services in installing an optic sensor at one of their Naivasha-based factories, only to later contemptuously breach their agreement.

According to the young entrepreneur identified as Mura Kariuki, agents from the company founded by accredited industrialist Tabitha and her husband Joseph Karanja asked him to take advantage of his vast knowledge in the profession and procure one of the gadgets himself so that installation could immediately begin.

They promised to refund him once the job was done.

Blinded by the magnitude of the homegrown distillery at the time, the gullible programmer could not sense any red flags in the rather unorthodox request.

But little did he know he was getting duped. Despite coughing out over own Sh23,000 of his own money to make the expensive purchase, Mr Kariuki is yet to receive a dime from Keroche Breweries.

Neither the promised refund nor payment for the work he did.

When the frustrated programmer tried to follow up on the matter at their offices in Karai; along the Nairobi-Nakuru Highway, he was rudely told him off with a bizarre excuse that Mrs Karanja was out of the country and that his payment could not be disbursed without her approval. "I once went to install a date coding machine at Keroche Limited but they didn't have an optic sensor for bottle detection. We agreed that I procure one, so that production can start, and forward the receipt so that @TabithaKaranja can approve refund once she was back. Alikataa kulipa my Sh23,000 and I got tired following up. She was okay making millions on the sweat of a guy earning 40k a month. Earth is really hard," he wrote on a Twitter thread published on Tuesday, 8th March 2022. Mr Kariuki has exposed the company on the same day the Kenya Revenue Authority (KRA) disclosed that Keroche Breweries owes it Sh22.79 billion in unpaid taxes.

The taxman in an unprecedented move offered a blow-by-blow account of the 16-year-long battle with Keroche, including details of unpaid corporate tax, excise duty, VAT and penalties of Sh3.02 billion.

KRA’s revelation was in response to Keroche’s plea for President Uhuru Kenyatta’s intervention after the authority shut the operations of the beer maker and froze its dealings with 36 banks, further exacerbating the situation.

Keroche, owned by the Karanja family, linked its woes to a Sh351 million demand. But the KRA painted the brewer as a cheat who owes the State over Sh22 billion in unpaid taxes.

The tax battle looks set to stoke political undertones after Mrs Karanja opted to join politics and bid for Nakuru’s senate seat.

She joined United Democratic Alliance (UDA), the party of Deputy President William Ruto who is locked in a war of words with his boss, Mr Kenyatta, over presidential succession politics.

Unlike his predecessor Mwai Kibaki, Mr Kenyatta has announced an aggressive campaign for veteran opposition leader Raila Odinga against Mr Ruto, who has been vocal about his own presidential ambitions.

Story · Software Programmer Demands Sh23k From Keroche Breweries
Article
Sifuna at a Raila Odinga rally in Bungoma, he should be reminded that his voters are in Nairobi
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Boi Boi

@yobos · Mar 4

Edwin Sifuna at a Raila Odinga rally in Bungoma. Mr Sifuna should be reminded that his voters are in Nairobi Edwin Sifuna, the ODM Secretary-General must start cultivating an image of being his own man.

He should stop hiding behind the party in his quest to become the Senator of Nairobi County

It is the concern of the party supporters that the man, who will be rigged in the nomination is not being seen enough, owing to the lacklustre nature of his campaign.

'If you go online, you will see images and videos of jokers like Karen Nyamu of UDA. On the other hand, nobody even feels Edwin Sifuna is running for senate. The videos, especially, have a lot of impact', a supporter weighed in.

Apart from a few billboards here and there, Sifuna needs to organise a campaign on his own and stop following Raila Odinga wherever he goes. MIZANI Africa Polls places Edwin Sifuna as the most favourable to win the Nairobi Senator Contest. What Mizani doesn't factor is the cash war chest that UDA can pour out for Karen Nyamu. One nude by Ms Nyamu is enough to flip the polls in her favor. As for Maina Kamanda, he is an old and trusted hand in Nairobi politics, he, unlike Sifuna, is well known. This will ensure that he is a serious candidate and one who can be trusted in a big city. Currently, the image that Sifuna cuts is that one of believing that Twitter likes and mainstream media analysis will take him to The Senate. If you too believe so, just ask David Makali.

Makali was very popular on TV talk shows, he tried to vie and found the going too strange. He's been out of action for 10 years, confused on where to go / what to do. Nairobi voters are very strange. One nude by Ms Nyamu is enough to flip the polls in her favor - Writer. If Edwin Sifuna doesn't come out of the shadow of Raila and go bare knuckles hunting for votes in the city. It will be tough luck for him.

His lead in the opinion polls is very small.

The ODM party is known for being very sparing with money, this is a disadvantage. If Ruto's UDA settles for Ms Karen Nyamu, a nude scandal and the financial war chest is enough to sink Sifuna. Ruto can be very generous. In addition, Ms Nyamu can also decide to excite the young Nairobi voters with a nude. Nairobians are strange people.

Maina Kamanda, is an old and trusted hand in Nairobi politics, he, unlike Sifuna, is well known.

Time to hit the road Mr Sifuna.

https://nyakundireport.com/raila-odingas-east-africa-spectre-ltd-has-refused-to-pay-me-says-man-injured-at-work/

Story · OPINION: Edwin Sifuna must stand up on his own
Article
Court Overturns Illegal DVC Appointment At Jaramogi University
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Boi Boi

@yobos · Jan 28

CAPTION: Prof Francis Ang’awa Okere A court in Kisumu this week nullified the appointment of Prof Francis Ang’awa Okere as the Deputy Vice-Chancellor (DVC) in charge of Administration and Finance at the Jaramogi Oginga Odinga University of Science and Technology.

In his ruling on Wednesday, 26th January 2022, Judge Stephen Radido invalidated the former Dean's ascension to the vacant position on the grounds of a bungled recruitment process that saw tribalism take centre stage.

From court documents seen by nyakundireport.com , a declaration was made that based on the results of the interviews conducted by the Public Service Commission (PSC) in conjunction with the university's senate in February 2021, Prof Ang’awa Okere's name ought not to have been selected for the role.

On the contrary, the magistrate noted that from the list of three contestants forwarded to Education Cabinet Secretary (CS) George Magoha, the position rightfully belonged to frontrunner Prof Aggrey Daniel Maina Thuo who was unconstitutionally bungled out.

During the interviews, Prof Thuo scored the highest with 74 points, followed by Prof Peter A. Otiende Wasamba who was ranked second with 73 points with Prof Francis Ang’awa Okere trailing the two with 72 points. CAPTION: Prof Aggrey Daniel Maina Thuo In the court's view, minutes from a meeting held on 26th March 2021 to discuss the performance of the candidates as forwarded by PSC confirmed that all members of the university council collectively settled on upholding the result of the interview and recommend Maina Thuo's five-year appointment. "In its meeting of 26 March 2021, the Council considered the Report/letter from the Commission and resolved to uphold the result of the interview as relayed by the PSC to the Chairman of Council and thus recommend to the Cabinet Secretary (CS), Ministry of Education the appointment of Prof Aggrey Daniel Maina Thuo to the position of Deputy Vice-Chancellor (Planning, ‘Administration and Finance) for a period of five years," he ruled.

Judge Radido further noted that with this firm resolution by the Council in consideration, any further consultations with the Education Cabinet Secretary should have been limited to the appointment of the above-mentioned party. "In the Court’s view, therefore and following upon the resolution from the Council, any consultations with the Cabinet Secretary were to revolve around the appointment of the 1st Interested Party (Prof Maina Thuo) and not the other 2 candidates. The Council had made a firm resolution," he directed.

Additionally, in regard to the decision to substitute Prof Maina Thuo with Prof Francis Ang’awa Okere, the Council as well the Cabinet Secretary failed to provide any evidence that any formal consultations were held, as is required by law. ‘The Council and Cabinet Secretary did not provide any records that the recommendation to appoint the 1 Interested Party (Prof Maina Thuo) had been the subject of formal consultations with the Cabinet Secretary or that the Cabinet Secretary had declined to endorse the recommendation," the judge argued.

In conclusion, the court felt that the decision to pick the preferred candidate from the list of three ultimately fell on the Council and thus they were compelled by law to meet again before an approval to change or substitute their preferred nominee. "The Council did not place any records before the Court, to demonstrate that it gave its imprimatur to the appointment of the 3 Interested Party as the Deputy Vice-Chancellor. The Court is satisfied that the reversal of the recommendation to appoint the 1st Interested Party (Prof Maina Thuo)  and the decision to appoint the 3rd Interested Party (Prof Francis Ang’awa Okere) instead did not meet the normative standard set by the Constitution," the ruling concluded.

Prior to the progression of the case, reports had emerged in April 2021 that the chairman of the Council was summoned to the Ministry of Education and was asked to reconvene the Council so that they could recommend Prof Okere instead

The University is led by Prof. Stephen Agong as the Vice-Chancellor while the Chancellor is Bidco Group of Companies owner Vimal Shah.

Other council members include Ms Joyce Karinge, Mr Ibrahim Mutembei, Dr Jonah Kangogo, Mr Micah Origa, Mr Zeth Ouma Omollo, Ms Janet Nasimiyu Wekesa and Mr Samuel Mugambi.

Below is the full ruling as acquired from the Kisumu Labour courts. View document

Story · Court Overturns Illegal DVC Appointment At Jaramogi University
Article
Tunai Samuel Governor
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Boi Boi

@yobos · Nov 29

Craig, left, and Marc Kielburger walk on to the stage at the WE Day event at the Scotiabank Saddledome in Calgary on Wednesday October 26, 2016. PHOTO BY GAVIN YOUNG/POSTMEDIA

WE Charity, the corrupt Canadian based organization promised to build schools in Kenya, however, most of the money ended up funding other activities; perhaps even illegal.

In a 45-minute documentary by the Canada Broadcasting Centre (CBC) News titled, ‘Finding School No.4: WE Charity’s donor deception in Kenya,’ the level of treachery that Marc and Craig Kielburger put donors through is insane.

Holding, rockstar-like-concerts, the twins would put out their rallying call for donors to fund education in Kenya, mostly in Narok.

According to the CBC, the money collected doesn’t tally with the reality on the ground. Even more damning is that the Kielburger’s lied about the whole thing. At the height of another scandal in Canada involving the charity, the Kielburger’s told the Canadian parliament that their charity had built 360 classrooms in and around Narok County. Armed with a spreadsheet of the project locations, the CBC crew went to each village to count first hand if that claim was true.

There first stop was at Narok Governor Tunai’s office where they were welcomed well but things took a sudden turn when the journalist confronted the governor with disparities in the project. READ: Audio: Free The Children (FTC) Charity Bribed Kenyan Officials The number of schools funded did not match the number of schools actually built.

Some donors were shown stock photos of the same classrooms as ‘their finished projects that they had funded’. VIDEO https://www.facebook.com/watch/?v=1999458606885891

Some finished classrooms were shown to even, over 4 donors who averaged donations of Sh1 million for each.

To understand the scam, take for example, four donors donate Sh4 million, and one classroom is built and ‘stocked’ at a cost of 1 million, where does the other money go?

As the filming of the documentary progressed, Tunai made calls, putting obstacles on the journalists.

Of course, there’s obvious transformation that WE Charity has done to the villages even as Tunai boldly stated, however, the issue is about the money and what WE Chairty told donors in its reports.

Most did not tally with what was on the ground.

Journalist: Your excellency, what would you say if more money was raised for Kenya and Narok county that what was actually spent?

Ole Tunai: Let me not comment about that. Gov Samuel Tunai at a tourism forum Samuel Ole Tunai’s govt The expansive Masai Mara Game Reserve is home to many known and unknown lodges. Some are out of reach for the common Kenyan and are not recorded on any maps.

Ole Tunai’s govt has been fingered for plundering the revenue collected from the loved game reserve. In 2015, and owing to the high ups Tunai has as friends, he refused to tell the senate how much money is collected at the game reserve.

Curiously, the park entry and exit ticketing is handled by a irregularly appointed firm, KAPS. Eleven months into the contract, KAPS had collected Sh1.1 billion. READ: Elizabeth Lolchoki: Exposing Narok County’s Madam Boss And Close Confidant Of Gov Tunai Meet The Ngiritas Of Narok County However, it was ODM leader Raila Odinga that exposed the true figure that was looted from the game reserve in the early years as KAPS took charge.

Mr Odinga claimed that Ole Tunai and DP Ruto had looted Sh3 billion from the reserve’s kitty.

MCAs have never raised an issue over this and this just fits into the corruption networks in Narok county. The same networks that supported the existence and siphoning of funds from WE Charity.

Most of those that benefited from the ‘free money’ from WE Charity are local and international politicians. The shadowy elite that deal in trafficking might also be involved here, but that’s for other journalists to write about. In 2013, it was revealed that the Narok Governor Samuel Tunai owned a 2,359.6 acres of land most of which borders the famous Maasai Mara Game Reserve. A small population that had settled there was got rid off by goons who burnt their houses to the ground in the dead of the night. In the looting of Narok County, some names come up, however, none is more powerful than Elizabeth Lolchoki, Resian Victoria Sompisha and above all Fred Ntekerei. Man of the shadows: Fred Ntekerei (circled) behind former US Ambassador Kyle McCarter. Gov Tunai is to the right of the Ambassador

It is Fred Ntekerei that handles the governor’s money read loot/kickbacks.

Remember the KAPS ticketing scandal? Mr Ntekerei handles that money.

Tunai is an investor in the Masai Mara Game Reserve, he owns a couple of luxury lodges.

Sources intimate that Mr. Tunai owns more than five Luxury Lodges in the Maasai Mara Ecosystem, which are not listed in the controller of budget reports as paying park entry fees. These luxury lodges charges on the lowest $80 (sh8000) per person per day.

Money that is stolen from the county is invested in the construction of new buildings, buying luxury hotels in Tanzania and South Africa, hidden in luxury hotels accounts that the governor owns in the Maasai Mara.

Many managers at the park only work for a few months and walk away with tens of millions which they invest in purchasing land and livestock.

Looted!

Story · ‘It’s a sham’ – Narok County Governor Samuel Tunai caught trying to block expose’ into looting at WE Charity
Article
Times Towers
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Boi Boi

@yobos · Nov 29

Johnson Sakaja, Senator, Nairobi County

A group of businessmen, mostly from the Somali community have decided to undermine the war against tax evasion.

The tax evaders, who don’t want to pay taxes on imported textile and shoes are fighting the Kenya Revenue Authority’s Intelligence and Strategic Operations (ISO) department.

According to sources, the group met Nairobi County Senator Johnson Sakaja and “enticed” him to raise an issue in senate.

In a senate session on 18th November 2021, Sakaja is heard standing on the standing order number 47/1 to make a statement regarding the operations of ISO.

The youthful senator accuses the ISO of overstepping its mandate and withholding relevant information from other departments, thereby, inhibiting the overall functions of the KRA.

For some reason, James Mburu has been smashing tax targets due to him being the former head of ISO and using his knowledge to crack down on tax evaders.

Sources tell nyakundireport.com that the Somali businessmen are used to tax evasion by importing and underquoting the size of consignment.

This is helped by giving bribe to officials, using porous borders (Kismayu), interfering with the security systems at the ports etc. KRA headquarters KRA officials Some KRA officials are in support of the tax evaders and are said to be behind the move to support Sakaja to raise the issues in the senate.

“Their goal is to make the department ineffective in tackling tax evasion and also relax on the staff involved in aiding tax evasion,” a source said

Narok Senator Ledama’s reference to the Sh7.6Billion lost in oversees, was making reference to the recent Pandora’s papers where prominent Kenyans were mentioned. READ: Abdi Malik Hussein: The Dreaded KRA Port Boss Pockets Ksh. 500 Million In Kickbacks A senior KRA commissioner behind the evasion has been quoted by our sources as being uncomfortable with the departments work.

VIDEO Sakaja Video tax evasion

Story · Inside the Somali business cartel attempts to demean KRA
Article
Unfinished Business in Bumula
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Boi Boi

@yobos · Jul 23

Wycliffe Wangamati - Bungoma County Governor

Bungoma County Government is being accused of neglecting a school project that it began befooe the 2017 General elections.

The county which collected Sh662 million in the financial year 2015-2017 has an unfinished business in Bumula Sub County.

“Hello Mr Nyakundi, kindly help us as Lunao secondary school in Bumula sub county Bungoma county. This photo below shows an incomplete the dormitory stated by the last regime of the county government year budget 2016/2017”, said the source.

Parents and Teachers have tried to reach the current Governor Wycliffe Wangamati to salvage the project in vain. Lunao Secondary School dormitory building whose construction was abandoned

Wangamati took over from the current speaker of the senate Ken Lusaka.

Mr Lusaka once bought wheelbarrows worth over Sh100,000 each and tried to use big words such as ‘non-carcinogenic’, to try to wow his electorates.

It seems the money was chewed by him, but this doesn’t let Wangamati off the hook, he needs to answer the cries of Lunao Secondary School PTA.

According to the Commission of Revenue Allocation, the revenue collection of Bungoma county has rapidly grown in nominal terms.

The county with a population of over 1.6 million received an equitable share of Sh8.9 billion in the FY 2019/2020.

The major revenue streams for the county includes hospital fees and public health services, single business permits and parking fees.

“Kindly try to address the current governor Wangamati to finish it kindly We have tried to reach him in all ways but I had gone in vain. Help us end the suffering at the school”, the source pleaded.

Story · Attention Wangamati: Bungoma County Govt's Unfinished Business in Bumula
Article
Hon Adan Mohamed & Raymond Omollo
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Boi Boi

@yobos · Jul 8

Raymond Omollo, Managing Director Lake Basin Development Authority since February 2019

If the Lake Basin Development Authority Director Raymond Omollo is still walking with his head high after orchestrating the looting of Sh200 million; it only means that EACC has been compromised.

And indeed it has according to a source who asked to remain anonymous.

In mid 2020, it emerged that Mr Omollo and his legal department hatched a plan and allegedly stole the money that was meant to pay former staff of the agency who had been retrenched some 20 years ago.

It all began after President Uhuru Kenyatta directed that all state agencies should clear their pending bills.

Mr Omollo, Mr Clifford Otieno, Michael Okuk and a HR guy immediately set works in motion, came up with over 100 names of those who had been retrenched and were seeking justice through the slow and painful court system in Kenya.

They communicated to some of them to accept an out of court settlement, paid them monies and all seemed well to that point.

However, it later emerged that some of the retrenches had not received their share of the ‘out of court settlement’. Some due to lack of knowledge of the new development, others had died.

The trio had pocketed huge chunks of the money and to make matters worse, those who were paid are said to have received between Sh50,000 and Sh200,000 from the pool of the Sh200 million that Mr Omollo and company had charged LBDA. Honest man Nonetheless, that was not the only crux, one man had stood in the way of this scandalous scheme.

A Mr Obiero who worked in the legal department had been approached about the scheme, but he refused to partake in it.

He was unceremoniously demoted and hounded out of office for his honesty. Cabinet Secretary East African Community & Regional Development , Hon Adan Mohamed & Lake Basin Development Authority Managing Director, Raymond Omollo before the senate committee on t he Devolution and Intergovernmental Relations in 2019. The scandal got bigger as most of those retrenched who had not received their compensation got wind of it.

They filed a suit in court, saying they were not party to the deal and that they never instructed their lawyer, Owala Advocates, to agree on an out of court settlement.

They also wrote to the EACC and DCI about the crime, but since May 2020, the investigations seems to have stalled. Cover up The first cover up that Mr Omollo and the other LBDA managers did was t threaten those that had been paid between Sh50,000 and Sh200,000 not to raise any troubles.

Apart from compromising the employee lawyer, they also bribed one of the retrenched staff, a Mr Samuel Opondo to sign off on behalf of the other 107.

LBDA was represented by Olel Onyango and Ingutia Advocates and the employees filed a mutual consent in the Labour Court in Kisumu before Justice Mathews Nderi, who allowed an out of court settlement.

In the scandal that have ravaged the agency, including the LBDA Mall construction, money was flowing. It is from all these that the investigating officer from EACC are said to have dipped their fingers to remain silent over the matter.

Story · LBDA Bribed EACC to silence investigations into Sh200 million heist – Source
Article
Anne waiguru
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Boi Boi

@yobos · Nov 18

The controversial Kirinyaga Governor Anne Waiguru is 'facing' eviction from her luxurious home in Kitisuru, Nairobi over what is reported as rent arrears totalling to Sh44.5 million.

Waiguru who became a tycoon after looting from the NYS coffers when she served as the Devolution secretary has rushed to the court to seek protection from the alleged property owner, Kihingo Village Ltd.

The realtor claims that the governor must pay them the said amount or vacate the Sh80 million house after she failed to meet the deal signed in September 2015. Waiguru argues that she paid Sh40 million for the property in cash and the agreement was that KCB Bank was to offer an additional Sh40 million as mortgage.

Some criminals use loans and mortgages as a cover for laundering looted funds, and their repayment can be used to mix illegitimate with legitimate funds.

In this case, Kihingo Village has denied receiving any payment from the defendant claiming that the tycoon governor is just a mere tenant and not a homeowner in what looks like a calculated move to clean looted funds.

Waiguru has been facing graft charges that pushed the members of the Kirinyaga county assembly to threaten her with impeachment but she hired ODM lawmakers to 'save herself' at the senate.

Kihingo claims that Waiguru has not paid rent for the five years she has lived in the spacious home and now risks asset seizure by Chardor Auctioneers.

“The applicant is apprehensive that unless the orders sought herein are granted, the consequences of the eviction will be dire as the suit property is her residential home where she resides with her family. The damage will be irreparable,” Waiguru told the court. Phony tycoons and looters resort to real estate to clean dirty money  because it is vulnerable due to the easy mixing of clean and dirty money. To disguise the authorities and the public, maney looters create controversies as evictions, auctions and suits before the money is cleaned. Looters buy real estates through proxies or people with clean criminal records to pose as the legal owner but the scheme is actually to buy the property with stolen funds.

Story · Is Waiguru facing eviction or plotting to clean looted funds?
Article
Sonko Badi
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Boi Boi

@yobos · Nov 16

The war  between the embattled Nairobi Governor Mike Sonko and Nairobi Metropolitan Services ( NMS ) Director General Mohammed Badi has stalled the utilisation of Sh127.2 million.

The disputed money was received as a grant from the World Bank and the Danish government after the National Treasury suspended the operating system of the budget sector.

Sonko who appeared before the senate's health committee said that the condition of the grant was to support  Level 2 and Level 3 hospitals under the Universal HealthCare projects.

The governor had transferred four functions including health to the NMS in line with Article 187 of the Constitution.

Sonko transferred the functions to the National Government through the NMS in March but supremacy wars later erupted between the governor and Badi resulting to hampered service delivery to Nairobi residents.

Treasury CS Ukur Yatani has refused to release the funds to NMS claiming that move lacks a legal backing.

Sonko tabled a letter by the treasury CS which explained that the funds can only be given to Nairobi County Government through the County Revenue Fund.

The CS cited Section 4(2) of County Allocation of Revenue Act, 2020 which stipulates that each county government allocations shall be made to the respective County Revenue Fund.

“The funds are still lying idle in the Central Bank account as a result of suspension of the health sector budget Integrated Financial Management Information System (Ifmis) operating system by the National Treasury whereby it is now impossible for our accounting staff to process any payments for the transferred function through Ifmis,” Sonko told the Senate's Health committee.

The Senate Health committee was also told that Sh17.6 million conditional grant from the Danish government were received on April 30, 2020.

The funds are still idling in the County Revenue Fund account since the county has been blocked from accessing Ifmis.

“The funds are currently held at the County Revenue Fund Account as it has become practically impossible to utilise them due to Ifmis budget withdrawal thus the county cannot process their disbursements,” Sonko said.

Sonko also added that his administration owes the Kenya Medical Supplies Agency ( Kemsa ) Sh374.9 million noting that debt was incurred before the health functions were transferred to NMS.

“The health sector has pending bills amounting to Sh1,072,998390 comprising Sh801.9 million being recurrent expenditure and Sh270 million being development expenditure pending bills,” he added.

Story · Sonko-Badi war denying health sector over Sh127 million
Article
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Boi Boi

@yobos · Nov 5

N HIF Board Chairperson Hannah Muriithi. Hannah embodies what is wrong with Kenya. She is the defacto CEO despite being the board chair. She is involved in a Sh0.5 billion scandal. KEMSA/NHIF have cost taxpayers billions of shillings.

After the Ethics and anti-Corruption Commission (EACC) and the Directorate of Criminal Investigations (DCI) failed to do the proper investigations and prosecuting of individuals who fraudulently got tenders for supplies for Kenya Medical Supplies Authority (KEMSA) and costing government losses of over Sh10 billion.

Ministry of health through National Hospital Insurance Fund (NHIF) has illegally broken all basic rules of tendering and NHIF has gone ahead to award a tender at an exorbitant price of Sh6.3 Billion to privately selected group of companies to manage group life, last expense for civil servants, National youth services.

The process to manipulate tenders at NHIF started with the recruitment process of the new C.E.O. Peter Kamunyo Gathenge. ALSO READ: NHIF And Kenya Red Cross Ambulance Scandal – Part 10 of 20 The first process was stepped on when the likely top candidate seemed not favorable to the cartels. The second interviews were held despite the current C.E.O. Kamunyu being an underdog he was confirmed CEO illegally and EACC was silenced from questioning the process.

The CEO is related to the current Minister for health Mr. Mutahi Kagwe. The first move was to target non-Kikuyu/Meru communities heading various departments.

All of them were moved to NHIF far flank counties. Peter Kamunyo Gathege, NHIF CEO. His appointment is contrary to the law and activist Omtata moved to court, “The Board abandoned a responsive recruitment process which commenced in the July 2019, and resulted in names of the top three successful candidates being presented to the Cabinet Secretary for appointment, although this was not necessary because the CS’s powers to appoint the CEO were extinguished vide amendments made to the NHIF Act by the Statute Law (Miscellaneous Amendments) Act, No. 18 of 2014.” The NHIF procurement manager called Wasike and several others from Nyanza, Western and Rift Valley were all removed from key managerial positions and transferred immediately when they gave professional opinion contrary to NHIF chairperson Hannah Muriithi and CEO to renew the multi-billion tenders without advertising they transferred procurement officers who some are not even procurement specialist others don't have the Kenya Institute of supply chain management qualification to procurement office. ALSO READ: NHIF Untouchable: Corrupt Hannah Muriithi And The Board Stay On Amid Scandals Currently, NHIF has been harassing staff to send to management all their updated CVs intimidating whoever fails to sign documents as required by CEO.

Earlier this year, NHIF had tried to irregularly award group life tenders but reversed quickly, when the KEMSA scandal came to play. Yesterday (3rd November) in a well-organized scheme the NHIF/IRA/Treasury /Ministry of health crooks took matters serious and awarded a tender directly ignoring all set procurement regulations.

The NHIF went further to calculate premiums on its own supported by Kiptum CEO of IRA to excessively exaggerate the premiums from the past tender to Jubilee insurance at Sh889 million to Sh6.33 billion yet the population is the same. (comparative numbers NATIONAL POLICE MEDICAL MOST RISK BUSINESS OVER 130K members minus dependants costs 4.5B, national police group life/GPA cover cost 2.2B). ALSO READ: Huge: NHIF Board Chair Hannah Muriithi Linked To A Ksh. 500 Million Scandal With MMC Africa They cooked figures to reflect fake COVID-19 risk and increased the cost six times the market value. The same cartels that have been under investigation Pioneer insurance company, Britam insurance company, CIC insurance company and the new kids ABBAS and Sanlam (Same companies involved in the fraudulent TSC medical scheme under investigation by senate) are set to benefit from the illegal process, a cut and paste formula borrowed from KEMSA; where the agency was calling and awarding tenders as if it is a personal business.

This kind of price-fixing and tendering is illegal, the law clearly states open tendering and competitiveness

The CEO NHIF has lost control to IRA, TREASURY, MINISTRY OF HEALTH cartels trying to milk NHIF money by manipulating tenders.

In all the years the Government of Kenya has procured for services there's no day state agencies or ministries have called top suppliers set prices and told them to agree among them self's how to share tenders, this is day time robbery and abuse of office by NHIF board members and CEO should all be arrested. The den of thieves.

As the President is working hard to improve health sector, the cartels at the ministry of health are busy undermining the universal healthcare bill being pushed by Government and County Governments. It is important to note that IRA is supposed to act as the regulator and it is illegal for it to be part of procurement process that favors a particular group of companies over the rest. ALSO READ: “Let It Collapse’, Kenyans Express Anger At Hannah Muriithi’s Mismanaged NHIF Kiptum has turned IRA into his money-making machine.

He pretended to block NHIF from previously procuring insurance services till when he was looped into benefiting from kickbacks from the insurance cartels. Behind the whole scheme, there is common names that have been identified where at least Sh3 billion is to be channelled back through a certain agent called Maina.

Zamara Insurance brokers and two other insurance agencies belonging to the chairperson of NHIF and Treasury representative at NHIF by the name Mwaura Kamau. We call on the DCI, EACC, PPRA, and Competition Authority of Kenya to intervene and save taxpayers money. (NOTE THAT THE ABOVE BUDGET IS NOT ANYWHERE IN THE PROCUREMENT BUDGET PLAN APPROVED BY BOARD FOR CURRENT FINANCIAL YEAR SEE ATTACHED)

Document 1 View document Document 2 View document

Story · Unearthed: Sh6.3 billion Scandal at NHIF
Article
UoN
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Boi Boi

@yobos · Nov 2

Kenya's biggest collegiate research center- the University of Nairobi (UoN) has been ordered to pay one of its graduates Sh500,000 for postponing his graduation for more than four years.

Paul peter Makanda Makokha, a class 2016 graduate had complained that his supervisor had delayed his Masters' degree graduation.

According to Paul Peter's petition, he joined the UoN 2009 after he got admitted to pursue a course that would ordinarily last for two years.

In 2011, he was through with his coursework and was assigned a supervisor, Robinson Ocharo, who cleared him to graduate in 2016.

Makanda successfully argued in court that Mr Ocharo was rarely unavailable for supervision which led to the postponement of his graduation.

In his ruling, Justice Weldon Korir noted that the delay in Makanda's studies was not his fault and ordered the university to compensate him. "The petitioner has also established that the unwarranted delay in the completion of his master's studies violated his right to Education. He had a legitimate expectation that he would complete his degree course within two years, as indicated in the letter of admission," ruled the judge. In court, Makanda stated that his supervisor took him round in circles when he was working on his thesis which messed up the set preparation period resulting in unnecessary delays.

Makanda told the court that he, after filing hundreds of complaints, was assigned another supervisor and graduated in 2016 although he complained that UoN foul-ups had ruined his chances of securing employment.

According to Makanda, he argued that the delay did not paint his resume in a positive light showing that he spent five years on a 2-year course.

In their defence, UoN lawyers had argued that Makanda was not guaranteed he would take two years to complete a course because thesis writing was an academic process and not an event.

In June this year, 80 law school students filed a petition against the University of Nairobi and asked the court to stop the institution from going on with the online classes. In their argument, they said that the UoN through its senate arbitrarily and without consultations and public participation made the decision to commence online learning.

“ The online program has no access to face to face consultation with the lecturers, has limited access to the library and access to physical-based program facilities that it is only fair that the fees is reduced,” the students argued. In 2019, a master's degree holder in actuarial science took the University of Nairobi (UoN) to court for employing him as a messenger since 2005.

Stephen Otieno Ogutu argued through his lawyer Titus Koceyo that the High Court should compel the university to offer him a job matching his qualifications.

And besides, his lawyer Titus Koceyo told the Employment and Labour Relations Court that Mr Ogutu had not been paid for the last nine months. The unpaid salary, he says, amounts to Sh310,806. He also sought compensation for wrongful and unlawful withholding of his pay.

Story · The UoN to Pay Student Sh500K Over Graduation Foul-Up
Article
IEBC
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Boi Boi

@yobos · Oct 28

The Acting C.E.O of the Independent Electoral and Boundaries Commission Hussein Marjan has said that Kenya will need Sh14 billion to conduct the BBI referendum.

Hussein who spoke on Wednesday when he appeared before the Public Accounts Committee at the National Assembly also revealed that IEBC has already listed the requirements for the plebiscite and is ready for the referendum.

"It will cost Sh14 billion though we are still fine tuning." Hussein said.

The electoral body considered the 19.6 million voters which has increased given the continuous voter listing exercise.

This comes after IEBC unveiled its own reforms, days after the Building Bridges Initiative report recommended its overhaul before the country gets to 2022 polls.

The same report will also see the country's executive expanded and wage bill ballooned. BBI is proposing the creation of a Prime Minister's office and two deputies.

If the BBI report is adopted through the Sh14 billion shilling referendum , the senate will be expanded to 94 members and National parliament to 360 members playing duplicated roles.

IEBC in its report to parliament wants the number of commissioners reduced from the current seven to five, including the chairperson. The IEBC also expressed opposition to BBI's proposal to allow political parties to nominate commissioners arguing that it will be a drawback on their independence. “Political parties' interests are sufficiently catered for in the vetting process since the selected commissioners are approved by the National Assembly,” the report reads in part.

The report that aims to amend the 2010 constitution was launched by President Uhuru Kenyatta at Bomas of Kenya on Monday.

The BBI report also enjoys sycophantic backing of the president's handshake partner Mzee Raila Odinga who believes that creation of more seats at the top will solve the question inclusivity.

Story · Kenya to blow Sh14 billion in expanding the executive
Article
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Boi Boi

@yobos · Oct 27

After the launch the BBI document at the Bomas of Kenya on Monday, the next step is to redraft it into a BBI Bill, and that will come easy for its proponents.

The product of the handshake between President Uhuru Kenyatta and ODM's Raila Odinga was not designed to fail like OKOA Kenya that the system crashed because it had signatures of cows and rats.

Or like the Pungumiza Mzigo that was grabbed by it's ankles and thrown out of the window.

BBI is crafted in a way that the proponents will not struggle to collect one million signatures to move to the next process.

The document is proposing the creation of Ward Funds for MCAs, which is literally 'a bribe' for the grassroots leaders to back it.

But BBI is actually unpopular for expanding the executive, parliaments and again watering down the senate and giving the government minister control over police.

The report is proposing the creation of a prime minister's office and two deputies. Positions that in the current political environment would be considered 'dynasties'.

But it gets the backing of the hungry politicians who will use it to spread propaganda and confuse the people.

The proponents are already burning to move and sell it though it is still being touted as a discussion draft.

BBI is intending make amendments to 58 Articles of the 2010 Constitution by applying Article 257.

Crafters would opt for Article 256 but it would face many hurdles given its unpopularity. Tangatanga would make it impossible to achieve the 2/3 majority win.

The report wants to amend 58 Articles of the 2010 Constitution when only 10 require a referendum including the Bill of Rights (Article 31); Functions of Parliament (Articles to 113 and 123), Independence of Judiciary (Article 172) and Devolution (Articles 177, 179, 180, 202, 203 and 207).

Article 256 would have been options to pass the amendments but the proponents fear that The option then is to use Article 257 - and amend the law through a popular initiative (referendum) where state machinery can be employed to crash any little resistance.

The only would be 'hurdle' that the handshake would face would be in passing the BBI Bill in at least 24 County Assemblies before it heads to Parliament but that is already sorted by the proposal to create Ward Funds.

MCAs will pass it for that and parliament will pass it because weak Women Representatives will pair up with popular senatorial or gubernatorial candidates to ride to the senate where they will go in pairs.

Members of parliament will also pass the Bill because almost 70 sycophants will be 'nominated' and some can be appointed as ministers.

Governors have already been instructed to lobby MCAs. Sycophants like Kakamega's Wycliffe Oparanya will not sleep on that job, he wants to be a deputy prime minister.

Thirdway Alliance's Punguza Mzigo Bill flopped after it was rejected in 24 counties.

After the entire process from IEBC, to counties and the parliament, the owners of the draft will have it 'passed' by the people.

It shall be approved by a referendum if at least 20% of the registered voters in each of at least 24 counties vote in the referendum.  It should also get the support of  a simple majority of the citizens voting in the referendum.

Story · How BBI was designed to pass through a referendum
Article
PARLIAMENT
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Boi Boi

@yobos · Oct 13

Up to 100 constituencies will lose more than Sh771 million in National Government Constituencies Development Fund (NG- CDF ) allocation if the Parliament adopts new proposed changes in distribution formula.

The National Government Development Fund (Amendment) Bill, 2019, which has already been adopted by the house’s Select Committee on the NG-CDF.

The bill proposes that the 290 constituencies equally share 75% of the annual NG-CDF allocation and the rest will be distributed based on the number of wards per constituency.

“Using the annual allocation for 2020/21 of Sh41.7 billion the proposal resulted in a high of Sh156.8 million and the lowest at Sh124.2 million, creating a variance of Sh32.5 million. The effects of this is that 190 and 100 constituencies are better and worse off respectively” reads part of the committee report.

The proposal will see 190 constituencies gain between Sh6 million and Sh13 million while the rest will lose Sh158,155 to Sh13 million.

But all the 290 constituencies receive a flat rate of Sh137.4 million annually after the National Treasury allocated Sh41 billion to the NG-CDF in the current financial year.

The committee wants the budget ceiling for each constituency to 3/4 of the amount divided equally among all constituencies and 1/4 divided among all constituencies based on the number of wards in each constituency.

The formula is similar to that of the senate where 47 counties are allocated varying amounts based on a range of parameters such as population size, land area, health care and roads.

The NG-CDF board said the proposals will lead to a huge variance in allocation of funds to constituencies. “Scenario developed by the board and working with the 2020/21 financial year allocation results in a wide range variance of Sh113,322,255 where Turkana West and Lamu East would receive the highest and lowest at Sh220,675,608 and Sh107,453,353 respectively.

Tongaren MP Eseli Simiyu who is the man behind the amendment bill wanted to amend Section 34 the NG-CDF Act, 2015 to introduce a new budget ceiling for constituencies.

Simiyu proposed that 3/4 of the CDF cash be divided equally among all constituencies and an amount equal to a quarter be divided by the national poverty index multiplied by the constituency poverty index.

The Tongaren lawmaker claimed that the equal share as stipulated in the NG-CDF Act, 2015 is unconstitutional since constituencies vary in terms of needs and levels of poverty and many constituencies are below the poverty line. “It is worth noting that equal sharing of the fund would not close the poverty gap index,” Simiyu said.

The NG-CDF board also claimed it had been exploring a number of variables to improve the basis of sharing the constituency funds.

NG-CDF is meant to support projects under the functions of the national government in schools, education bursaries and security-related projects such as police stations and police posts.

CDF is popular with MPs who use it to initiate development projects at the constituency level to 'market' themselves to the electorate as top performers.

Story · How 100 constituencies will lose Sh771mn in CDF allocation
Article
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Boi Boi

@yobos · Sep 29

Counties have moved a step closer to getting the much-awaited revenue after senators voted on Tuesday to approve the bill and pave way for disbursement of cash.

The Bill will dictate how the Sh 316.5 billion allocated will be split among the 47 counties in the 2020-21 budget.

The relief comes after the disputed Bill had stalled in the House for six months following an impasse over the third basis for sharing revenue among the devolved units.

The Bill is now awaiting the approval of the National Assembly before it is sent to President Uhuru Kenyatta for signing into law.

The County Allocation of Revenue (CARA) Bill, 2020 was supported by 38 senators.

On September 15, President Uhuru Kenyatta hosted top senate leadership at the State House Nairobi before a crucial vote on the bill that was slated for the afternoon session.

Senate Speaker Kenneth Lusaka, Majority Leader Samuel Poghisio and Minority Leader James Orengo attended the meeting but the bill still flopped for a record tenth time.

Speaker Lusaka was blamed for failing to sanction a meeting to find a common ground between two opposing camps whose arguments delayed the Bill.

Story · Senators finally approve the revenue bill
Article
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Boi Boi

@yobos · Sep 15

Top senate leadership is currently meeting President Uhuru Kenyatta at State House ahead of this afternoon's crucial vote on the disputed revenue sharing formula.

Senate Speaker Kenneth Lusaka, Majority Leader Samuel Poghisio and his minority counterpart Senator James Orengo are attending the meeting.

Senators will reconvene for a record tenth time on Tuesday to debate and vote on the contentious third basis for sharing revenue among 47 counties.

A heated showdown is expected in the house that remains divided even after Speaker Kenneth Lusaka postponed last week’s debate to create more time for building consensus.

On Monday a kamukunji failed to sit as had been ordered by the speaker to brief the senators on the position of the House leadership on to strike a deal on the formula before today's vote.

The committee had presented two conflicting reports to the leadership led by Majority leader Samuel Poghisio  and Minority leader James Orengo.

The panel recommended to the leaders to consult President Uhuru Kenyatta and ODM leader Raila Odinga in efforts to build more consensus and strike a deal. Team One Kenya senators [p/courtesy] Lusaka has been criticised for failing to sanction a meeting as the two opposing camps refused to back down as they dared each other of a showdown in today's sittings.Senators are divided deep in the middle. The proposal by ‘Team Kenya’, a clout of averagely young senators led by Nairobi Senator Johnson Sakaja provides for an eight-parameter formula, with the biggest weight placed on basis share (20%), health (18%) a population (18%) and Agriculture (10 per cent). The proposal does away with fiscal prudence and fiscal efforts as parameters for sharing revenue as it recommends that Sh273 billion of the Sh316.5 billion allocated to the devolved units in the budget be shared equally.

The remaining Sh53.5 billion be subjected to the parameters. It projects that in 2021-22, the Treasury would allocate the counties Sh325 billion, Sh331 billion in 2022-23 and Sh341 billion the next financial year.

The second proposal has received the backing of ‘One-man, One-shilling’ proponents provides for 10 parameters.

The proposal gives health 20% and basic share 20%, population 16% and Agriculture 12% but will see 16 counties lose more than Sh15 billion.

'Team Kenya' has vowed to reject the second proposal, saying it cannot support a formula that takes away money from other counties.

Story · Uhuru hosts senate leadership ahead of the revenue vote
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Mohamed-Faki
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Boi Boi

@yobos · Aug 28

Mombasa Senator Mohammed Faki has distanced himself from the Kemsa theft where billions meant to combat Covid-19 were lost.

Faki is among the seven senators said to have been awarded irregular tenders by the Kenya Medical Supplies Authority.

Speaking in Mombasa before flying to Nairobi for Senate Covid-19 Ad Hoc and Senate Health Committee over Kemsa theft, Faki claimed he is being targeted by the very thieves the senate is probing.

“If somebody has any evidence that I received a tender, let them bring it out. We are being targeted because we are members of the Senate Covid-19 Ad Hoc Committee and we are the people who are investigating the Kemsa issues,” Faki said.

The low lying senator also said that President Uhuru Kenyatta's statement on Kemsa theft would have come earlier as he called on the DCI and the EACC to speed up their investigations and uncover the truth.

Faki further condemned the police for applying excessive force against protestors for raising their voices against the theft of the Covid-19 funds.

Police arrested and brutalized six activists in Mombasa on Tuesday for protesting against the theft of funds donated to Kenya the international community.

The six activists including Muhuri's rapid response officer Francis Auma, were charged with gathering, failing to maintain physical distance and failure to wear face mask.

They were released by Mombasa senior resident magistrate R Amwayi after paying a Sh20,000 cash bail each and will appear for mentioning on September 8

Faki who is a professional lawyer also added that the current constitutional dispensation allows people to picket or demonstrate.

Story · Mombasa senator distances himself from Kemsa theft
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John Mbadi
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Boi Boi

@yobos · Aug 25

National Assembly Minority Leader John Mbadi has called on Mps to put their weight behind their colleagues in the senate who are being arrested.

Mbadi said they should condemn the arrests because the same thing might equally happen to them.

“When we see senators being harassed and arbitrarily arrested, we should not keep quiet as it could also happen to us. We must condemn such acts regardless of our political persuasions,” said Mbadi. The Suba South lawmaker was speaking during the Third Leadership Retreat of House Leadership held at Ole Sereni hotel on Tuesday. His remarks were made in reference to last week's arrest of senators Cleophas Malala (Kakamega), Christopher Lang’at (Bomet) and Steve Leleg’we of Samburu.

They were arrested on August 17 and released later,pushing the  Senate Special Sitting to debate on the Third Basis Revenue Formula to be adjourned. Mbadi said that there have been cases where MPs have been targets of harassment by other forces outside the parliament to gag their voice on the floor. “It is paramount for MPs to stand together and condemn such acts in the spirit of the Doctrine of Exclusive Cognisance.” The event was also attended by the Speaker of National Assembly Justin Muturi , Majority leader Amos Kimunya and the House Committee Chairs. The meeting will assess the success so far of transacting House business and consider avenues for continuity of House business, both in plenary and in Committees during the current covid-19 pandemic. Mbadi, however, accused the senators of missing the opportunity to put the country first in approaching a suitable formula. The debate has hit a snag nine times.

Story · Mbadi wants Mps to condemn harassment of senators
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Anne Waiguru 1
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Boi Boi

@yobos · Aug 20

Detectives from the Ethics and Anti-Corruption Commission raided Kirinyaga Governor Ann Waiguru’s offices and Nairobi homes on Thursday.

EACC detectives who raided the embattled governor's homes had a search warrant to look for documents linking Waiguru to abuse of office among other charges.

It comes just one month after she survived an impeachment plot by MCAs after she was saved by the senate.

Waiguru pleaded with the senate committee to dismiss the MCAs’ impeachment case against her claiming it was not important and full of innuendos. She also sought the help of the ODM Chief Raila Odinga to survive the onslaught. The Senate concluded that there was a well-orchestrated and complex web of corruption in the tendering process at the county government of Kirinyaga, headed by Waiguru. EACC now wants to access and scrutinise all the documents relating to the controversial procurement and money swindling going on in Kirinyaga county.

MCAs claimed that Waiguru received irregular payments as travel allowances amounting to Sh10.6 million yet she did not travel.

The governor is also accused of presiding over a corrupt and joint criminal enterprise where only her close associates preside over the evaluation and award of tenders. Lucrative tenders are also won by people close to her. Governor Ann Waiguru's home. [p/courtesy] On June 10, EACC Central Regional Manager Charles Rasungu revealed that cases leveled against the Governor includes involvement in a number of tenders.

Documents cited in the impeachment motion also claimed that Waiguru was  influencing tender processes in favour of Velocity Partners Limited.

The sleuths are also probing some 38 officers from Kirinyaga County Government who have been summoned to record statements.

Governor Waiguru spent over nine hours at the EACC offices being interrogated over claims that she she siphoned Ksh.6 million from the public coffers.

Her relationship with the County Assembly has deteriorated as it was witnessed during the hearings by the senate devolution and intergovernmental committee.

The MCAs who appeared before the Moses Kajwang led committee expressed lack of confidence in Waiguru’s style of leadership.

Story · EACC sleuths raid Waiguru's homes and offices
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DP Ruto hits out at DCI over senators arrests
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Boi Boi

@yobos · Aug 18

Deputy President William Ruto has hit out at the DCI detectives for bullying some senators over their stand on the disputed revenue formula.

DCI detectives made dramatic arrests of three senators leading to a political storm in the floor of the Senate where some senators accused the executive of trying to circumvent the will of the people exercising their mandate through leaders they elected.

On Monday, senators blamed state functionaries for being behind the arrests of their colleagues who hold divergent views on the disputed revenue formula.

Contingents of DCI detectives pitched camp at the home of Kakamega Senator Cleophas Malala in Kitengela where he was later arrested and driven to Kakamega to face charges of 'flouting covid-19 rules'.

DP Ruto on Tuesday posted on twitter that "The abuse of police and criminal justice to bully citizens, threaten and intimidate leaders and now blackmail senate is wrong.The bipartisan Senate Committee to build win-win consensus is great wisdom and leadership. The abuse of police is wrong..very wrong. It's not the reason millions woke up early to vote for us," he tweeted.

The country's second in command posted minutes after the Opposition Chief Raila Odinga to newsrooms over the same. Kakamega Senator Cleophas Malala after he was released in Kakamega. [p/courtesy] Odinga accused the state of pulling back the gains made by the new constitution on the path to democratization by referring to the state as the warlords. "The warlords need to stop beating the drums of war or financing the divisive rhetoric and our legislators involved in this matter need to search their souls in all honesty and put public good above private gain," Odinga said. Senators linked the arrest of their colleagues on their stand on the contentious formula for sharing revenue allocation for the 47 counties that has hit a snag, for a record nine times.

The arrests that remain under unclears circumstances forced the senate to suspend their special sittings on Monday morning.

All the three senators who have since been released are aligned to a group dubbed 'Team Kenya' which brings together marginalised and less populated countries who claim to be standing with the ordinary Kenyans.

Story · DP Ruto hits out at DCI over senators arrests
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kingi
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Boi Boi

@yobos · Jul 9

Public Accounts and Investment committee in the senate has implored the Ethic and Anti-Corruption Commission ( EACC) to fast track investigations into the sh51 million fraud in Kilifi and recover the cash.

The oversight committee led by Senator Sam Ongeri appealed to the EACC following the lamentations by the county government that the watch dog body was hampering the recovery of the money.

While appearing before the committee on Wednesday, Kilifi Governor Amason Kingi told the panel that the commission has stalled the recovery of the cash after it obtained a court order that stopped negotiations. Prof. Sam Ongeri, County Public Accounts and Investment Committee chair at the senate [p/c] "The commission went to court and obtained a stay order. All the civil cases that we had filed in court to recover the money were all affected and now there is nothing we can do,” said Kingi. Kingi said that all the firms that reportedly manipulated the financial system and wired county funds into their private accounts had agreed to refund the cash in a settlement that was reached outside the court.

EACC however, moved in to probe the fraud that involved over Sh59 million. Kingi also revealed that some Sh8.3 million had been recovered by the time the restraining orders were issued otherwise the entire amount would have been recovered.

Rogue businessmen and county officials gained access to the county’s bank accounts in 2016 after they manipulated the electronic money transfer system – Integrated Financial Management System (IFMIS).

They allegedly stole passwords belonging to 10 officials, accessed the system and transferred the cash from the county’s account at the Central Bank of Kenya.

The fraud was flagged by Kilifi county's    internal auditor.

Eve Wachuka, the EACC liaison officer who is attached to the committee said the commission sought a stay order to freeze any negotiations and investigate the matter and bring the perpetrators to book.

Kingi told the commission that the admission by the firms and recovery of the cash would have strengthen the ongoing investigations only if the order would have been lifted.

Committee chairman Sam Ongeri directed the clerk to write to the commission to fasten the investigations and enable the county government recover the money.

In the 2017-18 audit report on the financial expenditure of the Kilifi county executive, Audit General flagged the loss but had different figures of the actual amount lost.

“The schedule availed for audit review revealed that the total amount of cash lost before recovery was Sh51.5 million, out of which an amount of Sh8.3 million was recovered leaving unaccountable loss of Sh43.2 million,” reads part of the report.

Governor Kingi maintains that the amount lost was Sh59 million and already Sh8.3 million has been recovered.

Kingi was unable to explain how irregular transfer of Sh105.3 out of Sh163.3 million from the retention bank account to the payment of salaries was made.

His explanation that the funds were channeled to pay staff salaries due to delays of exchequer by the finance ministry was not satisfactory.

Story · Senate directs EACC to fasten probe on Kilifi's Sh51m fraud
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