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Suspended Deputy Chief Justice Nancy Baraza on Thursday lost the first round of 

a legal fight to stop a tribunal appointed by President Kibaki from inquiring intoher conduct. 

The case will be heard on Monday in the presence of all parties.

Another case was lodged at the High Court in Malindi by a prisoner challengingthe decision by the Judicial Service Commission (JSC) to petition the President tosuspend Ms Baraza.

The case was filed by Emmanuel Boki Kibagendi, now serving term at MalindiPrison.

In Nairobi, Justice Mohammed Warsame declined to issue temporary orders

stopping the tribunal from investigating accusation against the DCJ of assaulting asecurity guard at Village Market shopping mall on New Year’s eve.

Justice Warsame said he could not issue the orders at first instance because thematter was a weighty one, where both parties in the case needed to be heard.

Ms Baraza has named JSC and the Attorney General as respondents. The lawyer faulted a decision by the Commission to petition the President to constitute atribunal over a simple dispute between Ms Baraza and security guard RebeccaKerubo.

“All that we are told is of a misunderstanding between two women at a market place and you ask the President to form a tribunal?” asked Dr Khaminwa, whoaccused JSC of breaching the law while handling Ms Baraza’s case.

He said JSC should have acted only after receiving a petition from outsiders, whichwas not the case.

Dr Khaminwa faulted the decision by the JSC to rely on statements given by policeofficers handling the case.

Relying on police statements was a breach of the principle of separation of powers because the force was part of the Executive, said Dr Khaminwa, adding: “TheChief Justice, the judges, the Attorney General and lawyers who sit in thatCommission have breached the law and the Constitution.”

He accused JSC of acting in a highly biased and prejudicial manner against MsBaraza, who is also the vice-president of the Supreme Court.

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Shabaab desperate,

Kenyan forces say .

 January 21, 2012

 NAIROBI, Kenya, January 21 – The

Kenya Defence Forces (KDF) onSaturday said that the Al Shabaabmilitia had resorted to using womenwearing bras fitted with explosives tofurther their cause.

Speaking during a press briefing, military spokesman Cyrus Oguna said that the militia wasgetting desperate and had started using unconventional means to strike back at the Kenyan army.

He added that the outlawed group was also using the spread of propaganda, such as killingcivilians and claiming they are KDF officials, as their new weapon.

“We are all aware that Al-Shabaab for a long time prohibited women from wearing bras. The

 phenomenon that is emerging now is that Al-Shabaab is using these women who are in their ranks and supplying them with bras that are fitted with explosives and this is something that iscritical even to homeland security,” he explained.

He said that they were also dressing up as civilians in a bid to fool both the Somali people andthe Kenya Defense Forces.

“They now dress like herders and in one incident, they fired at our troops and our troops fired back and they complained that we were firing at civilians,” he observed.

“They are trying to make us look bad by trying to engage non combatants. However, Al Shabaabdressing like me at one minute does not make him a civilian when he dresses otherwise the nextminute,” he pointed out.

He however expressed confidence that the surveillance of the Kenya Army was fool proof andcould not be defeated by the tactics.

“Later on Al Shabaab did claim that they killed four KDF soldiers and they burnt a vehicle.Logic would prevail that Al Shabaab would not burn a vehicle because they will need to use itand therefore, that explained the cheap propaganda that they are trying to use,” he said.

He said that Kenya’s battle to crush the al Qaeda-linked insurgency had reached the halfwaymark and said its forces struck several command centers and logistic facilities operated by the AlShabaab group.

“The war is almost half lost; Al Shabaab is now facing serious challenges as far as command andcontrol is concerned and logistical support,” he said. “It will not take a very long time before AlShabaab is completely buried.”

Oguna said that in the past week, Kenyan forces had destroyed four of Al Shabaab’sorganisational camps, some in the areas of Jilib and Bibi.

January 21,2012

Students who have been selected to join Form One this year may lose places in their admission schools if they do not report in time. Education Secretary George Godia asked parents to take their children toschools they have been selected to or lose the slots.

Mr Godia issued the warning On Thursday,as it emerged that school principals have

been asked to open registers for studentswho have expressed interest to enroll in those institutions if the selected ones fail to take up their 

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slots.The selected students are expected to report to school between January 30 and February 6.However, Godia said students would lose their places if they fail to report to schools they have beenadmitted to by February 9.

"If you fail to report to your admission school, someone may take up the place when schools make their returns to Jogoo House," he said. This means that a student selected to join State House Girls may placea request to be considered at Kenya High School, if there is a chance."Parents who feel that they want tochange schools for their children can go to heads of the schools they want and place a request," he said.

Godia, however, clarified that admission to these schools will depend on failure by the selectedcandidates to take up their places and the set cut off points of the school."The request window will beclosed on February 9. Any candidate who fails to report by the time schools file their returns will miss theplace," he said. He said parents are free to visit the schools, see the cut off points, availability of placesand decide to place a request or not.

He revealed that school heads have respective dates to submit returns after which other candidates willbe given the chance.

File returns

National schools will file their returns on February 14 followed by county schools two days after. Districtschools will submit their returns on February 20."The final date for all the returns will be on February 27.This means that by March 30 all schools will have submitted their final and complete returns to theheadquarters," said Godia.He said there will be no second selection at Jogoo House. "It is all done inschools," he added.

The development came as it emerged that parents are reluctant to take their children to the schools theyhave been offered places."We expanded national schools to 48 up from 18. Selection of the candidateswas done on merit and their choices. But some parents do not want to take their children there," said

Godia."To enhance national cohesion any child is expected to report to any school from any region wherehe/she is admitted. This is the only way we can deal a blow to ethnicity," he said.

January 21st 2012

SPORTS

African Cup of Nations - PremierLeague

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Arsenal

Marouane Chamakh (Morocco)

1-2 v Tunisia - Played 78 minutes (7)

He may have had a distinctly ineffectual season with his club but the Arsenal striker wasliberated in the colours of Morocco. A constant handful, Chamakh utilised his physical attributesto hold the ball up well and attract a string of fouls. He could have had two penalties and wasonly denied a deserved goal by a fantastic save after a cute one-two in the first half.

Gervinho (Ivory Coast)

1-0 v Sudan - Played 89 minutes (6)

Along with Salomon Kalou he flanked central striker Didier Drogba, but it was the Arsenal manwho was the blunt prong of Ivory Coast's attacking trident as he proved somewhat wasteful. Asuccession of shots were sent over the bar and Gervinho's passing in the final third often leftsomething to be desired: a not unfamiliar scenario for a talented yet inconsistent forward.

2-0 v Burkina Faso - Played 90 minutes (5)

More profligacy from the Arsenal man as he missed three presentable chances and displayed ageneral lack of end product. Not his best game in an orange shirt.

Chelsea

Didier Drogba (Ivory Coast)

1-0 v Sudan - Played 90 minutes, scored (8)

The striker did what he does best with his 52nd international goal proved decisive in hiscountry's opening game. After 39 minutes he met a fine cross from Chelsea colleague SalomonKalou with a typically accomplished header. His link-up play was also effective and he shouldhave made it 2-0 when volleying over the bar in the second half.