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Daily Nation July 11th 2014

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  • KSh60/00 (TSh1,700/00 : USh2,700/00 : RFr900/00) www.nation.co.keNairobi | Friday, July 11, 2014 No. 17995

    P.17 > 14 schools closed after attacks in Lamu

    COUNTY NEWSEducation ocials say hundreds of pupils have been withdrawn from school due to fears of fresh raids

    INSIDE: POLICE ISSUE ALERT OVER SLDF

    BUSINESSNO CLUE ON CHEAP SUGAR IMPORTS, SAYS NIS BOSSGichangi tells House team in-formation mostly goes without being acted upon. P. 34

    News P. 2-11, BackOpinion P. 12-13Letters P. 14County P. 17-25World P. 26-33Business P. 34-39Sport P. 66-71

    INDEX

    ON OTHER PAGES

    P.6 > Raila explains why Cord is seeking referendum

    P.10 > Ruto and Bett tried to clear their names from the Waki list, ICC judges told

    BY STELLA [email protected] NJOKI [email protected]

    The number of people who have gone missing without trace appears to be on the rise in the recent past.

    It is as if they simply fall o the face of the earth, never to be seen again, dead or alive. The result is that their families and friends live in both anguish and hope every day, engaged in painful and often unrewarding journeys in searching of their missing loved ones, expecting that the dawn will come when

    CONTINUED ON PAGE 4

    Reagan Nyambati: He disappeared in June. He was last seen playing football with friends.

    Louisa Vusaka Karani: She went to visit a close friend on October 12, 2011 but never returned.

    Kibet Korir: He disap-peared on October 19, 2013 after having a drink at a bar in Nairobi.

    Merolyn Onyancha: She called her sister to say she was unwell and went missing a day later.

    Winnie Wairimu: The student left home on May 17 and was last seen at a bus stop in Nairobi.

    Bogonko Bosire: He was last seen in a bar in the city, a day before the Westgate attack.

    George Odhoj: He went missing in 2011. His wife is still hopeful that he will be found.

    GillyGithua: Went miss-ing on January 23, 2013 when he went to inspect his farm in Nyahururu.

    Mohamed AbdulKarim, alias C-Zar: Has been missing since 2006 when he went to visit

    Jason Nyamwanda: He had spent eight days at his uncles house in city, then just disappeared.

    Tania Omondi: She has been missing since 2011 after strangers picked her from her school.

    Julius Onyango: The car he was in plunged into a river. All others were ac-counted for except him.

    WiIson Gathimi: He got a call while at a carwash in March. Two of his friends also disappeared.

    Ian Momanyi: Went missing on Sunday, a day after his parents vis-ited him at school.

    Josephat Nganga: He went missing in 2005 after inspecting con-struction at his plot.

    Missing without trace: Families wait in agony

    Some went on ajourney, others went to meet someone after receiving phone calls, one even called to say he was on his way home but none of them can be accounted for

    DISAPPEARED | Relatives and friends anxious to know what happened to their loved ones

  • BY TOM [email protected] COPPERFIELD [email protected]

    A chief, a public health ocer and a teacher are among seven peo-ple who died yesterday after drinking poisonous alcohol in Nandi County.

    Five of the seven victims were dead on arrival at the Kapsabet County Referral Hospital while two others died at home.

    Doctors and nurses at pub-lic hospitals in the county were placed on high alert as residents feared the death toll could rise due to the delayed eects of the drink.

    Ocials in a frenzyThe fatal alcohol is said to

    have originated from Uganda and was sold in plastic sachets. It had not been cleared by the Kenya Bureau of Standards.

    The calamity threw govern-ment ocials into a frenzy as it happened just hours ahead of President Kenyattas ocial visit to the county today.

    The hospitals superintend-ent, Dr Francis Maiyo, and the countys chief public health of-cer, Dr Edward Serem, feared

    there could be more victims.Among the dead was Mr

    Edwin Chebutia, an assistant chief at Kamobo Sub-location, Kapsabet Division, Mr David Koech, a public health ocer, and a teacher at St Peters Academy Primary School iden-tied as Mr George Kirui.

    Authorities named the other victims as village elder Chris-topher Kirwa, matatu driver Willy Kiptoo, and businessman Ibrahim Kombo. The seventh victims identity was not im-

    mediately known. The assistant chiefs rela-

    tives met the Nation Media Groups print and TV team with hostility when they vis-ited his Kamobo home.

    Of what use is your pres-ence here? a relative asked, forcing the team to leave.

    Further analysisThe Nandi County public

    health ocer, Mr Isaac Ruto, said samples of the fatal drinks have been sent to the govern-ment chemist for further analysis.

    He identified the deadly brews as Coffee Spirit, Meakins, and Premium Gin, adding, they were from Uganda and were retailing at Sh40 per sachet.

    The chief consumed the fatal drink at Kapsabets Siz-zlers bar, which the authorities immediately shut down.

    Village elder William Chirchir Koech said he was with the assistant chief and another village elder when they consumed the drink.

    I got a call from Chebutia, the assistant chief, who asked me to join him for lunch and we started drinking Meakins, but I left around 6pm after the third drink, Mr Koech, who later went to hospital after his vision became blurred, said.

    Nandi County Commis-sioner Matilda Sakwa said police have been instructed to erect roadblocks to ensure the poisonous drinks do not nd their way into the county.

    Seven killed after drinkingdeadly spirits from Uganda

    TRAGEDY | Deaths occur a day before Uhuru is set to visit county

    The dead in Nandi include a public health ocer and an assistant chief

    JARED NYATAYA | NATIONLeft: One of the consumers of the deadly drink is assisted to get to hospital yesterday. Doctors at Kapsabet County Referral Hospital in Nandi treat another lethal spirit victim yesterday.

    The time when a village elder left the bar after taking three drinks and later became sick

    6pm

    BY ISAAC ONGIRI@[email protected]

    A highly placed government source yesterday revealed that police arrested two suspects who were heavily armed and were hiding in a Coast tycoons ranch.

    The suspects had ten firearms, 40 rounds of am-munition and several spent cartridges on them.

    Police said this was a major breakthrough in their attempt to solve the killings of several people in Gamba, Hindi and Mpeketoni areas of Lamu County.

    In a related incident, seized cellphones, sim cards and identity cards were being used to unravel the recent wave of killings in both Lamu and Tana River.

    Police said expert analysis is being done on passports and weapons suspected to have been used to commit crimes.

    The government said that 24 more suspects were arrested in Lamu in connection with recent attacks at the Coast.

    State House Spokesman Manoah Esipisu said special forces drawn from the Kenya Defence Forces were combing forests in Lamu, from where the suspected attackers are said to be operating.

    We have arrested a total of 69 suspects in Lamu. 45 were nabbed on July 7, 17 were seized on July 8 and seven on July 9, Mr Esipisu said.

    The State House spokesman, who was addressing journalists on Wednesday, said the govern-ment is keen to prosecute the culprits behind the Mpeketoni and Tana River deaths.

    Bearing fruitsMr Esipisu said the ocers

    will not leave the forest until they get rid of the attackers who had killed close to 70 people.

    He said the operation by the ocers is bearing fruits.

    The spokesman said that fresh graduates, who have joined the Kenya Police Service, have been sent to the hotspots to beef up the current operations.

    Mr Esipisu said that the government has enhanced se-

    curity in major towns around the country.

    He said implementation of a major surveillance programme, supported by the closed-circuit television (CCTV) that is under procurement, will assist in the war against terrorism and gen-eral crime in Kenya.

    The State House ocial said that local political networks, which President Kenyatta accused of being part of the masterminds of the Mpeke-toni attacks, are also being investigated.

    He said anyone linked to the mindless massacres would face the law.

    The intelligence informed the President about networks with evil intentions. They are on the security ocers radar, Mr Esipisu said.

    Lamu: Police now arrest two armed men from ranch

    71Total number of arrests so far following the kill-ings in Lamu and Tana River counties

    The intelligence informed the President about networks with evil intentions. They are on security ocers radar.State House spokesman Manoah Esipisu

    Nairobi SUHUR 5.07IFTAR 6.45

    Mombasa SUHUR 5.00IFTAR 6.28

    Kisumu SUHUR 5.13IFTAR 6.55

    Nakuru SUHUR 5.08IFTAR 6.50

    Garissa SUHUR 4.55IFTAR 6.35Wajir SUHUR 4.49IFTAR 6.37Moyale SUHUR 4.50IFTAR 6.43

    Malindi SUHUR 5.57IFTAR 6.28

    Ramadhan Timetable

    Courtesy of Young Muslim Association

    11th July 2014

    DAILY NATIONFriday July 11, 20142 | National News

  • When clothes maketh the politician

    COMMUNICATION | Leaders dress up to send their message across

    BY CAROLINE [email protected]

    They stood out in their white shirts, the sleeves decorated in national colours.

    Some thought must have gone into the design and colours, the message in wearing similar outts clear we are in solidarity, we are a team and we are reading from the same script.

    This is what Cord co-principals Raila Odinga, Kalonzo Musyoka and Moses Wetangula wore at Mondays Saba Saba rally.

    According to counselling psychologist Shadrack Kirunga, people, consciously or uncon-sciously, use clothes to send a message.

    In this case, the three gentle-men were dressed in coordinated outts to emphasise their unity, to tell Kenyans they are one, Mr Kirunga said.

    The use of the colours of the ag was also deliberate.

    Fashion stylist Connie Aluoch

    of Connie Aluoch Styling Manage-ment gures that the team chose the colours to symbolise national unity and patriotism.

    The dominant colour was

    white, which symbolises peace wearing similar outts sym-bolised their unity and was a way of assuring Kenyans that they are one, and that they will work to-

    gether, she said, adding that the choice of dress could also possibly be a rebranding of Cord.

    Mr Kirunga points out that the rst impression is created by what you are wearing way before you speak, people will have already formed an opinion about you.

    Your clothes alone tell a story; therefore if you plan to inuence or sway opinion, then you have to dress for it.

    On the same day when the Cord leaders were at Uhuru Park, President Uhuru Kenyatta and his Deputy, Mr William Ruto, were photographed at the Ministry of Lands at Ardhi House wearing similar navy blue suits, white shirts and almost similar ties.

    It is not clear whether this was by design or uke. It is not the rst time the two have sported similar outts.

    They often wore coordinated outts following their inaugu-ration, probably as a way of announcing that they were quite happy and satised with their union.

    The most memorable was when they appeared at State House in Nairobi to announce the Jubilee Cabinet line-up. Both wore white shirts with rolled up sleeves, and red ties.

    Coupled with the hand-holding, back slapping and enthusiastic hugs, it was clear that they had a chemistry.

    Choice of dress may have been intended to rebrand the Cord coalition

    The dominant colour was white, which symbolises peace wearing similar outts symbolised their unity and was a way of assuring Kenyans that they are one, and that they will work together, Fashion stylist Connie Aluoch

    FILE | NATIONExperts say wearing similar out ts sends a clear message we are in solidarity, we are a team and we are reading from the same script. President Kenyatta and his deputy Wiliam Ruto wore similar outts when they toured the Lands oces in Nairobi on Monday and Right: Cord principals Kalonzo Musyoka, Raila Odinga and Moses Wetangula donned identical shirts on the same day during the Saba Saba rally.

    DAILY NATIONFriday July 11, 2014 National News 3

  • they will be re-united.Some of those who disappeared

    have been missing for years, and with no clues whatsoever on which their families can rely to trace them. Today, the Daily Nation brings you the heart-rending stories of some of those who have gone missing and are yet to be found.

    George Martin OdhojMr Odhoj, a design engineer, went

    missing in 2011. It is said that he left work at around 8.40pm, and called his daughter at about 9.30pm to open the gate for him, an indicator that he was just a few minutes away from home. However, he never drove into his com-pound, and that was the last phone call he made to his family.

    Mr Odhoj, who was working for Kenya Power in Nakuru before his disappearance, is said to have gone to a restaurant on Moses Mudavadi Road in Nakuru for refreshments after work. He left after a short while, and proceeded to a shopping centre on Game Park Road, behind Bondeni Po-lice Station, where he spent about 10 minutes. His wife, Christine Odhoj, is still hopeful that he will be found al-though his car, a white Toyota Premio, was found in Ndarugu River about four kilometres from his home.

    Louisa Vusaka KaraniLouisa was a fourth year student at

    the University of Nairobi. When she left her hostel on October 12, 2011, she told her colleagues that she was going to visit a close friend, and that she would be back after two days. She never returned.

    Her mother, Ms Pauline Karani, describes Louisa as a thoughtful daughter who regularly called her. Her phone went dead on the day she

    Where are they? Families wait in agony

    went missing. Ms Karani says the search for her daughter has yielded nothing.

    Winnie Wairimu, 16The Form Two student at Tumu

    Tumu Girls High School in Karatina, Nyeri, left home for school on Sat-urday, May 17. Two weeks later, the school called her parents to nd out why she had not reported.

    Her parents said that she was last seen at the Tea Room bus stop in

    Nairobis River Road. She was wear-ing her school uniform. She has since not been seen.

    Merolyn Mwango Onyancha, 31 Merolyn was last seen on June

    14, last year, at Mathare North Area Two. She was working for G4S as a security guard and was based at the Aga Khan Hospital. The day before she went missing, she had complained that she was unwell and gone home early after excusing herself. The next

    CONTINUED FROM PAGE 1

    UNSOLVED MYSTERIES | What happened to them? Are they dead or alive? Will we ever see them again? Loved ones grapple for answers over the fate of friends and relatives who just vanished

    Martin and Mary KirimiThe couple got married on July 14, 2012, and left for their honeymoon in Zanzibar three days later. That was the last time the two were seen. Marys eldest sister, Rachel Murugi, says that the last phone call they made was to inform them that they had arrived at the Namanga border, and were waiting to take a bus to Dar-es-Salaam. The next day, on July 18, the world woke up to news that 128 people had died in a Zanzibar-bound ferry. Trips to Tanzania and Zanzibar to look for the couple yielded nothing. It will be two years next month since the newly-weds disappeared.

    day, her sister, Delvin Onyancha, tried to call her but her phone was o. She decided to go to Merolyns house to check on her.

    She wasnt in, and neighbours said they had not seen her that day.

    To this day, she is yet to be seen.Merolyn lived alone.

    Jason Ochieng Nyamwanda, 22Jason, who attended Mangu High,

    was one of the top students in the 2010 KCSE examination, with a mean

    grade of 86.6 points.On June 21, 2012, the 22-year-old

    left his home in Kisumu to visit his uncle, who lived in Kilimani, Nairobi. Eight days later, he walked out of his uncles house and has never been seen since.

    When he left, he was wearing grey trousers, a brown and black checked shirt and was barefoot, says his uncle. Jason was a student at the University of Nairobi when he went missing.

    Julius Onyango JumaHe was a newspaper employee

    based in Kisumu. On the day of his disappearance, on November 4, 2012, a vehicle in which he was travelling lost control and plunged into the Ekero river. That was the last time he was seen. Apart from Mr Juma, all others in the private car he was travelling in were accounted for.

    Tania Margaret Omondi She has been missing since No-

    vember 21, 2011. A witness says that she was picked up from her school in Umojas Innercore Estate in Nairobi by two women. At the time, she was six years old. That evening, her parents received messages from two dierent numbers, demanding Sh2 million in exchange for the girl.

    Police arrested ve suspects a few days after the kidnapping but Tania was never found. The main suspect in the case, John Oyamo Wanetia, went missing after he was released on bail.

    Kibet KorirKibet, a fourth year Law student at

    the University of Nairobi, disappeared on October 19, 2013. Fellow students say that they did not see him on the day he went missing. However, he is reported to have had drinks in a bar

    MISSING WITHOUT TRACE

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    DAILY NATIONFriday July 11, 20144 | National News

  • My garden, my employerHow Teresia Murimi turned her a half-acre plot into a permanent employer which keeps giving

    TOMORROW

    Bumper harvest all-year roundThe inspir-ing stories of farmers who are harvesting water from their roofs to make a fortune by pro-ducing food during scarcity

    Inside my dairy empireOlympic champion Paul Kipsiele Koechs secrets of building his live-stock industry

    SATURDAY NATION

    Plus where to buy and sell at com-petitive prices, and experts answer all your questions

    in Kahawa Wendani that week on a Friday.

    His brother, Mr Peter Korir, says that Kibets phone went o two days earlier. Since then, his relatives have been to vari-ous hospitals and mortuaries but have turned up without any information about him. They remain optimistic that he is still alive and he will one day return to his family.

    David Wisdom Wanderi, 5Five-year-old David was

    playing outside his house with friends on June 13, 2013 when he disappeared. His elder sister, who was in the house cleaning, went outside at noon, but did not nd him. She informed neighbours, and together, they all started searching for him. An hours search yielded nothing. They

    then reported to the police. Since then, there has been no information or clues about his whereabouts.

    Gilly Githua, 28Gilly went missing on the

    night of January 23, 2013. Ac-cording to his best friend of 15 years, John Paul Kyule, Gilly had gone to survey his farm in Pesi, Nyahururu, where he was keeping goats. Kyule says that Gilly planned to wind up the project since it was not giving him the expected returns. The last person Gilly talked to was his girlfriend, at around 7pm, on the day he went missing.

    A search party was formed to look for him, but he was not found - not even after a spirited social media campaign was launched shortly after his disappearance.

    Gilly is described by his best friend as an easy-going person but a shrewd businessman who had done well for himself, hav-ing invested in several farms in Thika and Nyahururu. He also had a spare parts shop on River Road.

    To this day, his whereabouts remain a mystery.

    Bogonko Bosire The former journalist and

    blogger was last seen last September 19 in a bar in the city centre. Bosire, who ran the Jackal News website disappeared a day before the Westgate Mall attack. His par-ents, David and Esther Bosire, said that they had searched for him everywhere, including hos-pitals and mortuaries, but are

    for loved ones who disappearedOn March 5, Wilson Gathiomi drove his vehicle to a car wash in Nairobis Doonholm Estate. While there, he received a phone call, which prompted him to leave in a hurry, say-ing that he would be back for his car, which was still being cleaned. Three months later, Mr Gathi-omi is yet to return and his family has not heard from him. His father, Peter Mbugua, said that he had talked to Gathiomi on the morning of the day he disappeared without trace. He had told his father that he would take his vehicle for a car wash after which he would head to town with his girlfriend. Interestingly, two of Gathiomis close friends,

    Jeremiah Kibunjah and Alex Kihara, all of them car sales-men, also disappeared on the same day, and have also not been found. Mr Kiharas wife, Joy, said that he sent her a text mes-sage telling her that he had been arrested by police, but not specifying which police station he had been taken to. When she called him to get details, his phone had been switched o. That was the last time she heard from him. As for Mr Kibunja, his wife, Edna Njeri, said he left their house in Buru Buru Estate the same day at around 1pm to meet a friend. She is still waiting for his return.

    yet to nd him. We reported his disap-

    pearance to the police, his father told the Nation. It has been months since he went missing we have searched in numerous places, but have no clue what could have happened to him.

    Mohamed AbdulKarim, alias C-Zar

    The teen sensation hit the Kenyan music scene with a bang, with his track, Amka Ukatike. With two Chaguo La Teeniez awards, C-Zar was look-ing all set to be the next big thing. He went miss-ing on October 13, 2006, one week before his KCSE exam were to start.

    He had reportedly gone to visit a friend when he disappeared. His father, Mr Makasi Abdul Karim, describes C-Zar as his child, friend, and con-dant. The search for the young musician has taken the family far and wide from Eastleigh to Tanza-nia, to hospitals, mortuaries and police stations. C-Zar simply fell o the face of the earth. He would have been 25 years old this year.

    Josphat Njuguna Nganga The retired Primary

    School headteacher went missing on Tuesday, No-vember 29, 2005 nine years ago today.

    His wife of 40 years, Lillian Waithera Njuguna, says that her husband, a businessman, spent most of his time in Nairobi, and would travel back home in Muranga on weekends.

    On the day of his disap-pearance, Mr Njuguna had been overseeing work at construction sites in Dan-dora. Later that evening, he got a phone call, and informed his son that he was going to meet some-one at Cinema Bus Stage in Dandora. He has never been seen since.

    Reagan Nyambati, 11The 11-year-old disap-

    peared on June 21, 2014. The Standard Six pupil

    at Riena Academy in Ruai, was last seen in his neigh-bourhood playing football with friends. His mother, Phyllis Kerubo, says he was wearing a yellow and blue t-shirt, grey trousers and sports shoes.

    UNSOLVED MYSTERIES | What happened to them? Are they dead or alive? Will we ever see them again? Loved ones grapple for answers over the fate of friends and relatives who just vanished

    MISSING WITHOUT TRACE

    THE NUMBERS

    Over four months and counting

    5/3/14The day when the three friends disappeared.

    1pmThe time when Jeremiah Kibunja left his home.

    The friends who cannot be found

    BY NATION CORRESPODENT

    The family of a university employee is living in agony after their 14-year-old child disappeared from a Mumias school on Sunday.

    Mr David Gikenyi Obungu, a games tutor at Kisii University, said he spent Saturday at the school visiting his son, Ian Momanyi, who is a Form One student there. On Monday, however, he received a call from the school informing him that Momanyi (right) had gone missing on Sunday.

    Mr Obungu said the school

    has not only blocked him from accessing some of the sons classmates to trace him but has also failed to give a credible explanation of the circumstances under which

    the boy disappeared.A search in hospitals, the

    Mumias Police Station and even the mortuary has borne no fruit.

    The things that I purchased for him are still in their class, meaning that he could have disappeared immediately we left the school on Saturday and not Sunday as the school wants us to believe, said Mr Obungu.

    He said teachers have only told him that Momanyi ran away in fear of punishment.

    But they have not shared the exact mistake that my son committed, said the anguished father.

    When contacted, one of the teachers who requested not to be named because he is not authorised to speak on the schools behalf, said the matter was too weighty for him to handle.

    The matter is now beyond us since it is with the police; we cannot say anything that will jeopardise their investigations; let the police handle it, said the teacher. Area police boss Mohammed Farah said inves-tigations were under way to ascertain the facts.

    Student vanishes after fathers visit

    Found. Do you know her?This girl was found by UNHCR sta crying outside the Pumwani District Ocers oce on April 30, 2014 at around 5.30pm. The girl, believed to be about two and a half years old, cannot express herself, nor does she know her name or her parents. If anyone knows her parents, contact the Kenya Red Cross Tracing Programme on +254703037000

    DAILY NATIONFriday July 11, 2014 National News 5

  • The Cord Coalitions Saba Saba rally on Monday left a lot of questions unanswered. Nations manag-ing Editor for Special Projects MACHARIA GAITHO subse-quently interviewed Opposition leader Raila Odinga at his Capital Hill Square oce in Nairobi. Brief excerpts below, but the full text of an extensive one-hour interview is available in Nation Online.

    Q: No doubt you watched the World Cup game last night where Brazil was massacred by Germany. Are you traumatised or celebrating this morning?

    A: Im torn. As you know I am half-German and Ive al-ways supported Germany, but the Samba Boys have been one of my favourite teams

    Somebody said they were more Shamba boys than Samba boys

    Yes, this is the worst team Brazil has ever sent to the World Cup.

    Now, when you came to Uhuru Park for the Saba Saba rally, one would expect that youd have clearly thought through the is-sues you wanted to propose for a referendum, not come to propose a committee to look for the ques-tions. Why cant you give Ken-yans a clear answer on the issues you want them to vote on?

    This was a public rally. We were seeking the views and opinions of the people in order that we can frame the questions. But it is very clear that there are deep issues we have that are not all for a ref-erendum, and there are a few key issues that are referendum issues.

    You have a 13-point agenda, of which maybe 10 or 11, like the cost of living, cannot be put be-fore referendum. Have you crys-talised your thoughts on what are the referendum issues?

    Yes, we are very clear. One is the electoral commission. The other is the issue of devolution. The third is the constitutional provisions on the Legislature. Those are the key issues that we want to take to the people.

    If Parliament votes it down? They cannot. That is be-

    cause we have constitutional

    provisions on how a public petition for a referendum can be presented. All Parliament can do is consider the way the question is framed. Their work is limited to editing.

    Is this whole campaign aimed at replicating the Saba Saba spirit or movement of 1990, or the sec-ond phase of 1997?

    Basically, that is what it is. You can read the mood in the country and this has received a lot of support. Everyone will agree that we have serious is-sues that must be addressed.

    In 1990, the goal of Saba Saba was very clear, to uproot the dic-tatorial one party system which entrenched a government that could not claim legitimacy. This time around, when we try to do the same kind of thing, are we seeking regime change?

    We are not trying to seek regime change. We are saying that there are certain errors brought by the Legislature and the Executive that can only be corrected by the people. If we dont arrest a rogue Parliament that is trying to bastardise the Constitution, we will just have to go back to the trenches.

    Going back to the trenches means what exactly? Demonstra-

    Raila: We are not seeking regime changeFate of polls agency and devolution among issues Cord wants addressed through a plebiscite

    POLITICS | Cord leader says he is not after sharing power with Jubilee

    tions and riots? Mass action? What kind of pressure will be brought to bear and what are the risks?

    The Constitution actually provides for mass action, through petitions, demon-strations, picketing and so on. That is why we have been having these rallies and we just notify the police. The job of the police is to provide security, but we saw them preventing groups making their way to Uhuru Park. That was meant to intimidate people not to come to our rally, which is a violation of peoples rights.

    Are you questioning the legiti-macy of the present Executive and Legislature, and the courts too?

    No, we are past that. Remem-ber we went to the Supreme Court challenging the outcome of the presidential elections. The court made a ruling, which we did not agree with, but we accepted and moved on. I even congratulated the President and ever since that time, you will see I always refer to him as the President.

    Will you at any time be calling for early elections?

    No, that is not a I mean, I dont want to be pre-emptive,

    here, because as you know we are mandating a committee to frame these questions, and then take it to the people. You need to know that there are cer-tain things the people will not accept and others they will ac-cept. I dont want to pre-empt. Thats (elections) not even in my mind. What we really want to see is that the critical issues are addressed.

    This campaign has raised political temperatures. Do you see a need to help cool down things and as-sure Kenyans that we are not go-ing down the path of destruction and violence?

    I dont see theres anything weve done out of the ordinary. We are basically pointing out to the government areas it must attend to, and also drawing the attention of the country that certain things are not going right. We are raising the red ag that something worrying is happening in our country.

    If you are looking for a forum where you can sit down with the government and seek joint solu-tions to those basic issues, will you then not be looking at shar-ing power?

    No. Remember we said we wanted dialogue on fundamen-tal issues. There are the basic

    issues that we have mentioned, and then there are the issues on which we wanted to agree how to move forward in a bipartisan manner. If you want to go for a referendum, its better to take a bipartisan approach.

    There have been various other accusations coming from the Jubilee side. You have been ac-cused in regard to the violence in Mpeketoni, plans to use Mungiki and the Mombasa Republican Council to cause trouble, and so on. How do you respond to those accusations coming from Interior Cabinet Secretary Joseph ole Lenku and others?

    Even those people who are talking, like ole Lenku, when we meet privately, he doesnt believe what he is saying. Its hot air. Theres nothing as ridiculous as those wild allega-tions, and they know it. They know very well that we could have nothing to do with it. If the claims they are making are true, they are in charge of the security apparatus and we would be ar-rested and charged with treason. Those are serious oences, like facilitating mass murder, killing and displacement of so many people like what happened in Mpeketoni. Theres no reason why we should be walking free in the country.

    Xyxyxyxyxxyxyxyx Xyxyx

    The year when pro-reform move-ment in the country staged street protests against one party dictatorship on July 7

    1990

    We are raising the red ag that something worrying is happening in our country Raila Odinga, Cord co-principal

    The number of issues in the Cord agenda which its leaders tabled during Mondays rally at Uhuru Park, Nairobi

    13

    BILLY MUTAI | NATION

    DAILY NATIONFriday July 11, 20146 | National News

  • DAILY NATIONFriday July 11, 2014 7

  • BY NATION CORRESPONDENT

    A Mombasa-bound ship has run ashore near a small seaside village in Shabelle Province, Somalia.

    MV Semlow had dropped o cargo in Mogadishu and was sailing back to Mombasa when it experi-enced technical problems.

    It drifted towards the village that is about 120 kilometres east of Mogadishu, where it is got stuck on either rocks or sandbars.

    According to the website, Harar24news, the ship was looted by shermen.

    Mechanical problemsSeafarers Union of Kenya Sec-

    retary General Andrew Mwangura told the Nation that two ships had sailed to the area but one suered mechanical problems yesterday.

    He said that the ship, that was once Kenyan-owned, had changed ownership.

    Mr Mwangura could not estab-lish how many people were on board MV Semlow.

    He the agency receives informa-tion from ships under distress. Mr Mwangura added that a vessel can only be conrmed to be stranded after checking on the radar.

    We cannot know whether a ship is shing or if it is stationary. If one is stranded yet no report is made, then that is suspect, he said.

    Hitch as ship gets stranded in Somalia

    BY FRED [email protected]

    A new generous medi-cal insurance scheme for police officers will not start this month as scheduled.

    Police have been told to ig-nore an earlier communication advising them to join the plan that would have given them benefits ranging from Sh8 million for juniors and 200 million for top commanders.

    Police spokesperson Gat-iria Mboroki termed it a miscommunication saying a separate scheme was being worked on for the National Police Service.

    This comes just weeks after ocers had been asked to register for the massive cover that is already adopted by the National Police Service Commission for its commis-sioners and sta.

    The medical cover for police will be tendered after Insurance companies ex-pressed the will to take it up as a consortium, rather than individual rms because of the risks involved. The companies wanted to share the risks, said Mr George Kirigwi, a senior ocer at Inspector Generals oce who is a member of a technical team working on the scheme. Once in place, it will cater for nearly 80,000 oc-ers as well as prison guards and ocers. But police will have to wait longer, probably six months, before they can benet from a new medical in-

    surance that also covers their spouses and children.

    Ms Mboroki told the Nation that a communication will be sent to all police ocers advising them not to enlist in the NPSC cover, saying the earlier document was a mistake.

    The document seen by the Nation on the scheme reads: Members of the medical scheme are free to access any medical outlet as per the attached list whenever

    they and their dependants are in need of medical serv-ices. Please ensure all ocers register accordingly once the insurance take eect on July 1, 2014. It was signed by a senior police ocer.

    The NPSC entered into a contract with Heritage Insur-ance Company, which in turn contracted hospitals, clinics and medical specialists across Kenya after which a communi-cation was sent to police units asking commanders to advise their juniors to register.

    National Treasury Cabinet Secretary Henry Rotich has allocated Sh1.6 billion for the health scheme.

    Now police medical cover put on hold

    HEALTH| Treasury allocated Sh1.6 billion for the plan

    Ocers told to wait for separate scheme after rms say they need time

    CYCLING

    CHAMP FROOME OUT OF TOUR DE FRANCEInjured Kenyan-born Briton quits after crashing twice on stage ve. P.62

    SPORT INSIDE

    KENYAN PREMIER LEAGUEStubborn Bandari hold Leopards to a

    frustrating draw at Nyayo Stadium. P. P.62

    BY FRED [email protected]

    Police ocers are now covered

    by a new medical insurance that ranges from Sh8 million

    for juniors up to Sh200 million for

    top commanders.The scheme, which comes into ef-

    fect this month, covers all ocers in

    the 80,000-strong service, their wives

    and children.A constable, the lowest ranked of-

    cer, has access to Sh8 million for

    hospital bills in the event one is admit-

    ted and up to Sh40,000 for outpatient

    treatment.Constables form the bulk of ocers

    in the National Police Service.The scheme comprises three cat-

    egories.The Blue Classic cover caters for

    constables, corporals, sergeants, sen-

    ior sergeants and inspectors.The Blue Plus cover is tailored for

    chief inspectors, superintendents and

    senior superintendents who will access

    up to Sh80 million for inpatient treat-

    ment and Sh100,000 for outpatient

    care per person.The Blue Lite scheme covers ocers

    of the rank of assistant commissioner

    and above who will have access to

    Sh200 million for inpatient and

    Sh150,000 per person for outpatient

    treatment.A document seen by the Nation on

    the new scheme reads: Members of the

    medical scheme are free to access any

    medical outlet as per the attached list

    whenever they and their dependants

    are in need of medical services.The insurance also covers dental and

    optical services.Heritage Insurance Company, which

    was awarded the tender for the cover,

    has entered into contracts with hos-

    pitals, clinics and medical specialists

    across the country to oer services to

    the ocers.According to the list of health facili-

    ties on oer, top private hospitals that

    would ordinarily be out of reach for of-

    cers have now opened their doors.National Police Service Commission

    chairman Johnston Kavuludi said the

    policy would be administered by the

    Inspector-General of Police.The arrangement also includes

    personal accident and life insurance

    cover which was introduced in October

    last year, replacing the Sh5,000 risk

    allowance paid every month.Previously, officers were paid

    monthly medical allowances and were

    further insured under the general per-

    sonal accident cover, which includes

    all civil servants.National Treasury Cabinet Secretary

    Henry Rotich allocated Sh1.6 billion for

    the health during this years Budget. The insurance scheme is long over-

    due because the National Taskforce

    on Police Reforms chaired by Mr

    Justice (Rtd) Philip Ransley in 2009

    envisioned it would be rolled out in

    2010.

    Police get generous medical coverHEALTH | Reaping the fruits of Ransley taskforce

    reforms

    Ocers, their wives and children can now access top private hospitals anywhere in the country

    Amount of insurance cover that a constable, the lowest ranked ocer in the service, can access for inpatient treatment

    Sh8m

    Amount of insurance cover that an ocer from the rank of assistant com-missioner and above can access should they be admitted in hospital

    Sh200m

    FILE | NATION

    President Kenyatta inspects a guard of honour at a passout parade of police re-

    cruits at Kiganjo Police College in Nyeri on April 4. The government has introduced

    a generous medical insurance scheme for police ocers

    DAILY NATIONThursday July 10, 2014

    Download the NMG PLAY app on Google Play and scan this QR code with your smart phone for pictures, videos and more stories.

    How the Nation broke the story

    INNOVATIVE | Trader sells his wares

    BILLY MUTAI | NATIONMr Joseph Wachira, a dog basket trader prepares his wares at Thigiri Ridge Road-Red Hill junction in New Muthaiga estate, Nairobi, yesterday. The baskets sell at between Sh1,000 and Sh2,600. They serve as dogs beds.

    DAILY NATIONFriday July 11, 20148 | National News

  • BRIEFLYNYAMIRATeacher charged withraping schoolgirl, 13

    A teacher is among three peo-ple charged with deling minors in Nyamira. Mr Julius Onyancha, a teacher at Mongoris Primary, is accused of molesting a 13-year-old pupil on July 5. The accused who appeared before principal magistrate Nicholas Njagi, denied deling three minors aged 6, 10 and 13. Their bail application will be determined in three days. The case will continue on July 16.

    NAIROBILiquor outlets census due in two weeks

    The City County government will carry out a census of liquor outlets in a fortnight. Bars which require licensing will also be vet-ted before being allowed to con-tinue with business. The census and vetting starts at the end of this month. Trade Executive Anna Othoro said the county did not have the exact number of bars and outlets selling liquor save for Dagoretti South which has 400.

    NAIROBISlum re leaves 200 families homeless

    More than 200 people were yesterday left homeless after a re razed 120 houses in Mukuru-Kaiyaba slums in South B. Land Mawe assistant chief Famau Ali said the midday re started from one of the houses whose owner had left a water heater on. The ames were accelerated by a gas cylinder explosion. Fire engines used premises opposite the slum from which to ght the ames for lack of a passage to the scene.

    BY PAUL OGEMBA@[email protected]

    The Law Society of Kenya has sued President Uhuru Keny-atta for failing to appoint 14 judges recommended by the Judicial Service Commission.

    The lawyers claim that the Presidents decision to approve the appointment of only 11 judges out of the recommended 25 was unconstitutional.

    They want him compelled to

    comply with the law. Senior coun-sel Nzamba Kitonga argued that the Presidents role in appointing judges was ceremonial and that he had no capacity to refuse to approve the list as recommended by the JSC.

    The President illegally stated that he is still in the process of reviewing the remaining names with a view of approving or disap-proving them.

    That role is reserved for commis-sion and his duty is only to appoint, swear-in and gazette those recom-mended to him, Mr Kitonga said.

    The LSK also accused Attorney-General Githu Muigai of failing to advise the President.

    The application was supported by law society chief executive Apollo Mboya through an adavit.

    The President is taking us to our dark past, Mr Mboya said.

    Mr Kenyatta last month appointed

    Bwonwonga Justus Momanyi, Joseph Louis Omondi, Roselyne Ekirapa, Enock Chacha Mwita, Robert Kipk-oech, Charles Kariuki, Mrima Anthony Charo, Janet Nzilani, Nagillah Crispin Beda, Farah Amin Mohamed and Mar-garet Waringa Muigai as judges.

    On waiting listThe remaining 14 whom the LSK

    wants the President to appoint are Riechi Stephen Nyangau, Sewe Olga Aluoch, Winfrida Adhiambo Okwany, Otieno Patrick Okwaro, Robert Kipkoech Limo, Anthony Kimani Ndungu, Mugure Thande, Margaret Njoki Mwangi, Githinji Stephen Mu-rugu, Dorah O. Chepkwony, Ongeri Asante Nyaboke, Kiarie Waweru Kiarie, Njuguna Lucy Mwihaki and Mativo Mutinga John.

    Mr Justice Isaac Lenaola certied the petition as urgent and scheduled the hearing for July 17.

    Lawyers sue Uhuru over judges

    1 Judicial Service Commission advertises for the vacancies.2 Commission shortlists candidates and conducts interviews.3 Commission forwards names of recommended candidates to the President4 President approves the names and gazettes the new appointees as judges.

    THE PROCESS

    How commission employs judges

    Agency says Presidents decision to omit 14 other names on the shortlist against the law

    JUSTICE | Counsel argues Head of State has no business reopening the vetting process

    IN THE DOCK | Suspects charged with being part of a child tracking syndicate

    Dickson Maina Ngari, Penina Kerubo and Serah Ambiyo three of the six suspects charged over a child tracking syndicate that was unearthed by police in Nairobis Kayole estate on July 8, 2014 in a Nairobi Court yesterday where they were charged. They were remanded for seven days for further interrogation until July 17. They have all denied a charge of trying to sell a two weeks old baby.PAUL WAWERU | NATION

    REQUEST FOR EXPRESSIONS OF INTEREST

    GENERAL CIVIL AND INSTALLATION OF PAVING BLOCKS WORKS.

    TENDER No. EAPCC/041/ EOI /2014

    The East African Portland Cement Company Ltdproviding services for undertaking General Civil and installation of paving blocks Works at its various nominated sites.

    a)

    b) Have a minimum of ten (10) years relevant experience in undertaking Industrial Works of similar nature demonstrated bysupported reference letters.

    Procurement and Disposal Act, 2005.

    i.e. 0800 to 1700 hours.

    Expressions of interest shall be delivered in sealed envelopes clearly marked with the Tender Reference Number to the address below

    Ltd, Off Namanga Road, Athi River, so as to be received on or before 11th March 2014 at 12.00 noon

    Proposals submitted after the closing date and time will be rejected.

    East African Portland Cement Company Limited reserves the right to accept wholly or in part, proposals submitted for considerationand does not bide itself to accept the proposals or give any reasons for its action.

    TheManaging DirectorThe East African Portland Cement Company LtdOff Namanga Road,P O Box 20-00204Athi River, Kenya.Tel. 254-045-6622777/6620627

    E-mail: [email protected]

    Website: http://www.eastafricanportland.com

    REQUEST FOR EXPRESSIONS OF INTEREST

    GENERAL CIVIL AND INSTALLATION OF PAVING BLOCKS WORKS.

    TENDER No. EAPCC/041/ EOI /2014

    The East African Portland Cement Company Ltdproviding services for undertaking General Civil and installation of paving blocks Works at its various nominated sites.

    a)

    b) Have a minimum of ten (10) years relevant experience in undertaking Industrial Works of similar nature demonstrated bysupported reference letters.

    Procurement and Disposal Act, 2005.

    i.e. 0800 to 1700 hours.

    Expressions of interest shall be delivered in sealed envelopes clearly marked with the Tender Reference Number to the address below

    Ltd, Off Namanga Road, Athi River, so as to be received on or before 11th March 2014 at 12.00 noon

    Proposals submitted after the closing date and time will be rejected.

    East African Portland Cement Company Limited reserves the right to accept wholly or in part, proposals submitted for considerationand does not bide itself to accept the proposals or give any reasons for its action.

    TheManaging DirectorThe East African Portland Cement Company LtdOff Namanga Road,P O Box 20-00204Athi River, Kenya.Tel. 254-045-6622777/6620627

    E-mail: [email protected]

    Website: http://www.eastafricanportland.com

    EAST AFRICAN PORTLAND CEMENT COMPANY LTD

    INIVITATION TO BID AND TENDER EXTENSIONSThe East African Portland Cement Company Limited one of the leading cement company in the region invites eligible and interested bidders to tender and extension of tenders as following:-S/N Description Tender No.

    1 ENGINEERING, SUPPLY & INSTALLATION OF RAW MATERIAL SHEDS ( site visit scheduled for 28th July through 1st August 2014)

    EAPCC/OT/047/2014

    TENDER EXTENSIONS2 DESIGN, SUPPLY AND COMMISSION OF

    WASTE HEAT RECOVERYEAPCC/OT/046/2014

    3 SUPPLY & DELIVERY OF PPES & SAFETY WEAR

    EAPCC/OT/043/2014

    Tender No1&2 will close on 15th August 2014 at 1200hrs while tender No 3 will close on 15th July 2014.; detailed information on the above tenders and addenda is available on the company ofcial website; www.eastafricanportland.com

    Downloadable documents from the website are for free while those printed by the company will cost a non refundable fee of KES 1000/= paid to EAPCCs cash ofce at Athi River works, off Namanga Road.

    The Managing DirectorEast African Portland Cement Company LtdP.O. Box 20-00204, Off Namanga RoadAthi River, Kenya, Tel +254 722 205 076/78/80Ethics Toll Free Hotline; 0800-722622Email: [email protected]: www.eastafricanportland.com

    DAILY NATIONFriday July 11, 2014 National News 9

  • BY JOHN NJAGI@[email protected]

    Deputy President Wil-liam Ruto and former Cabinet minister Franklin Bett tried to exon-erate themselves before the Waki commission on learn-ing that they were among those adversely mentioned in connection with the 2007/08 post-election violence, the ICC heard yesterday.

    Former commissioner Gavin Alistair McFadyen said although the team did not give hearings to those implicated or reported adversely on them, on learning that their names had been mentioned in a Kenya National Human Rights Commission (KNHRC) report and by witnesses, the two politicians sought to clear their names.

    Some names were men-tioned in the KNHRC report and by individuals but the commission did not report on any of them adversely so no opportunity was given to them to defend themselves. But two people (Ruto and Bett) approached the commis-sion after they learnt they had

    been mentioned and we gave them a chance to be heard, said Mr McFadyen.

    He also said the commis-sions recommendation to set up a local mechanism to try the violence perpetrators was never implemented. He said it was also recommended that a team of investigators be as-sembled to gather evidence to prosecute the suspects.

    Asked by ICC prosecution lawyer Antony Steinberg if the government had implemented the recommendations, he said: I dont believe so.

    Mr McFadyen, who was giving evidence in the case against Mr Ruto and journal-ist Joshua arap Sang, explained how witnesses who gave it evidence were sourced.

    Some of the witnesses who gave evidence were

    recommended by counsel outstanding representing NGOs and victims, experts on gender violence and other in-terest groups but although the commission was non-judicial, the veracity of the evidence was just like that given before a court of law, he said.

    The commission also relied on media reports, briefs from the intelligence service and experts on Kenyas electoral violence history.

    Mr McFadyen said the commission chose to leave out evidence from the police to avoid conict of interest as it was part of its mandate to investigate their role in the violence.

    He said the commission did not hear evidence from the main political parties, ODM and PNU, as it had been incorporated during consultative meetings with leaders from both sides before the hearings began.

    During the first day of examination-in-chief by the prosecution at The Hague-based court, the document handed to President Mwai Kibaki by the commission was analysed, with Mr McFadyen asked to clarify some of its chapters and contents.

    Mr Rutos lead counsel, Mr Karim Khan, asked for more time to cross-examine the witness from next Monday due to what he said was the introduction of new evidence outside the post-election vio-lence report.

    Ruto and Bett tried to clear names, ICC told

    POLL VIOLENCE | Investigator testies in The Hague

    Waki team member says the politicans were mentioned by KNHRC, witnesses

    KNHRC report part of documents admitted by Waki commission where alleged pepetrators were mentioned.The commission took interest in evidence of civil society and NGOs because they spoke for a constituency that could not speak for itself.

    OTHER REVELATIONS

    Activists info key to report

    BY NATION REPORTER

    ICC prosecutor Fatou Bensouda will today make submissions on claims of the governments non-cooperation with her oce over condential information on Presi-dent Kenyatta.

    The prosecutor will give the three judges hearing Mr Kenyattas case a detailed written submission on challenges and diculties she had encountered in the quest for the Presidents bank, VAT, NIS, land, telephone and foreign ex-change records.

    Bank accountsDuring Wednesdays Status

    Conference to review the extent the parties had gone in obeying the order, prosecution lawyer Benjamin Gumpert said the gov-ernment had disregarded an order asking it to provide the informa-tion sought by the prosecutor.

    Of the eight set of documents demanded by the prosecution only two had been provided, he said.

    Bank details and vehicles owned by the President between 2007 and 2010 have been provided al-though they only related to four bank accounts and not the number required, Mr Gumpert said.

    The prosecution also cited frustrations when it requested records on income tax, land and information about Mr Kenyattas actions in the same period.

    The government always says it is not in a position to provide the documents, Mr Gumpert told the court.

    The government has until July 16 to respond to the accusa-tions.

    Bensouda to prove claim on Uhuru

    BY NATION REPORTER

    International lawyers and human rights activists have condemned African presidents for passing a resolution that could shield them from pros-ecution by the ICC.

    The International Bar Asso-ciation and Southern Africas Litigation Centre described the decision as a perverse incentive for leaders to com-mit crimes.

    Last week, African leaders amended the protocol es-tablishing the African Court of Justice and Human and People Rights at a meeting in Guinea.

    The amendment bars the prosecution of serving presidents, prime ministers and deputy presidents. This puts the court on a collision path with the International Criminal Court. Kenya was represented at the meeting by Deputy President William Ruto who, together with President Kenyatta, are facing charges at the ICC. But the bar associa-tion and the litigation centre

    and urged African States not to sign the protocol, which is now awaiting ratication by individual African member states.The provision ignores the reality that these crimes are perpetrated by those who wield the greatest power, executive director Mark Ellis said.

    In Washington, the US State department conrmed that President Obama will not meet President Kenyatta or any other African leader in-personnext month in Washington.

    Foreign Affairs minister Amina Mohamed (below) said the decis ion to forgo a Kenyatta-O b a m a meeting was not surpris-ing.

    Groups condemn AU for immunity clause

    RAMADHAN | Treat for customers

    LABAN WALLOGA | NATIONFidelity Shield Insurance company in Mombasa yesterday treated its Muslim clientele to Iftar to break the fast during the holy month of Ramadhan.

    The EastAfrican will on 26th July 2014, publish an insightful feature titled Growth of the Aviation Industry in East Africa. The feature will focus on the following areas:

    Overview of International and Chartered Flights

    Support Services Training Institutions Opportunities and Challenges faced by

    the Aviation Industry Regulations and Policies

    To participate in this feature, contact;Dorothy +254-724 158 370; [email protected] +254 712 540874; [email protected]

    DAILY NATIONFriday July 11, 201410 | National News

  • BRIEFLYKIRINYAGANursery schoolboy drowns in canal

    A kindergarten child drowned in a canal at Nguraini Village yes-terday. Five-year old Lawrence Gichobi of Kimbimbi Primary was playing with his classmates when he tripped and fell into the waterway. Other pupils raised the alarm but villagers were unable to rescue the boy whose body was found much later. Area police boss Titus Yoma asked parents to ensure pupils do not play near the canals.

    TURKANAMotorbike crash claims rider and passenger

    A motorcyclist and his passen-ger died from injuries sustained in a crash involving a vehicle at the Eliye Spring junction on the Lodwar-Kalokol road. Turkana Central police chief Kipkemoi Kirui said the driver of a county government vehicle headed to Lodwar reported the Wednesday accident to the police. The ac-cident sparked anger among mo-torcyclists who accused the driver of recklessness.

    NAIROBIKenya to craft maths and science curricula

    Kenya has been picked to lead the training of mathematics and science teachers in the continent. Education minister Jacob Kai-menyi and the AU Commissioner in charge of Human Resources, Science and Technology, Mar-tial De-Paul Ikounga, yesterday signed the memorandum of un-derstanding for the development of the in-service and pre-service teacher course.

    BY BILLY MUIRURI@[email protected]

    Agang is behind the vandalism of security and street lights that has plunged many city estates into darkness.

    The gangsters wait for the installa-tion of the lights in zoned o security areas and either destroy control sys-tems or cut o electric wires after the work is completed.

    Nairobi County Government of-cials said heavy steel and copper materials were stolen by people claim-ing to be employees of bre networks at night, especially in upmarket areas. As a result, city residents are now ex-posed to muggings and carjacking.

    The county governments invest-ment of more than Sh500 million is now in jeopardy, according to ocials.

    There is no single light working between the Muthaiga interchange to Thika Town on Thika Superhigh-way. Yet the highway was well-lit a few months ago.

    Stolen at the control systemsKenya National Highways Authority

    spokesman Charles Njogu said they have awarded a Sh1.1 billion contract to a rm to maintain the road for two years.

    Vandalism is a menace. We repair the lights and soon after, thieves re-turn to loot. It is a big problem, Mr Njogu said.

    The vandalism has happened less than a kilometre from two police sta-tionsPangani and Muthaiga.

    Copper wires have been stolen at the control systems on Limuru Road, Waiyaki Way, Kiambu Road and Kileleshwa.

    County officials say about 100 steel poles are missing on Kiambu Road while 14 have been plucked out along Limuru Road, from the junction of Forest Road to the entry of City Park.

    On Ngecha Road, o Lower Kabete Road, more than 30 masts were stolen recently and loaded onto a truck.

    The viciousness of the vandals is mind-boggling on Kirinyaga Road. Suspected drug dealers switch o the security lights to facilitate their illicit trade that thrives after dusk.

    In some low income estates, a Na-

    tion investigation showed that security lights are put out by unscrupulous electricians who tap electricity from the security masts and distribute it to houses at costs ranging from Sh200 to Sh300 a month.

    Among the worst-hit areas are wards such as Ngei, Sarangombe, Mathare North, Mukuru kwa Njenga, Laini Saba, Mabatini in Mathare Val-ley, Huruma and Korogocho.

    The eects of the theft are far-reaching as 60 per cent of the masts are often switched o in one month, according to a county government source.

    The head of electricals in the Roads docket, Mr Samuel Kiuma, conrmed that vandalism is being carried by high prole people.

    You cant understand how all that work is done without anyone notic-ing. Carrying away the heavy load is a huge task, he said.

    Little attention in posh estates The ocial said scrap metal deal-

    ers easily get away when they invade posh estates because they attract little attention.

    Since a lot of bre optic cables are being laid in these areas, many resi-dents think the vandals are actually men at work, Mr Kiuma said.

    In the central business district, he said, drug peddlers, dealers in illegal alcoholic drinks and commer-cial sex workers pay electricians to cut o power from security lights to facilitate their businesses.

    Mr Kiuma said the county govern-ment had committed about Sh500 million to light up the city in the current nancial year and that way ght insecurity.

    We have lit up between 30-32 per cent of the areas in our plan. We will move faster if the lights installed re-main intact, Mr Kiuma said.

    Gang behind power sabotage PLOY | Copper materials and heavy steel stolen at night by people claiming to be bre cable rms sta

    Ngei case study Some areas in Ngei Ward in Mathare constituency are no-go zones after 7pm.At least four masts are not functioning due to illegal power diversion.During the day, some lights are on, but at night, they are too dim because the power has been tapped, Mr Karanja Miano, a resident, said.Wires protrude dangerously at the gate of Eli Joy Early Child-hood School at Mbuthia village.At Gitathuru, people do not go to the shops after dusk. The lack of security lights has increased muggings and eased illegal gun trade.Ngei MCA Dan Mutiso said crimi-nals were the main beneciaries

    WHATS ALLEGED

    Illegal gun sale,muggings rise

    High prole people mastermind vandalism, says head of electricals in county government

    JEFF ANGOTE | NATIONSome streetlights that have been vandalised on the Thika Road Super Highway. The road is usually plunged into darkness at night because of the vice. Criminals and scrap metal deal-ers steal copper materials, road signs and masts yet two police stations are barely kilometres away.

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    DAILY NATIONFriday July 11, 2014 National News 11

  • Very few political leaders in Kenya articulate policy issues systematically, let alone oer alternatives. While many just make generalised claims aimed at pandering to populist sentiments, others are at their best when denigrating their opponents and ethnic groups. The problem is worse in rallies, for two reasons.

    First, the majority of our leaders are not procient in Kiswahili, which makes their speeches incomprehensible. Second, our opposition tradition since the 1990s holds public rallies as forums for politicians to compete with each other on who can throw the worst calumny at the sitting president.

    The main point, therefore, is not respect for fundamental rights and freedoms, including the right to free expression. Rather, the point is the way some politicians abuse these rights to propagate highly poisonous narratives. We all know where this took us in 2007-2008.

    Broadly, freedom of expression covers four closely related basic rights: the right to access information, the right to disseminate information, the right to hold an opinion, and the right to disseminate it. Underpinning these rights is the view that freedom of expression is the lifeblood of democracy.

    Moreover, freedom of expression embraces a correlative right of reply. This means that those who feel aggrieved by opinions disseminated in public forums, including political rallies, have a right of reply. They also have the option of using legal recourse if they feel their grievances are legally actionable.

    In practice, however, the right to express an opinion does not imply any obligation to do so, and the right to hold an opinion does not necessarily confer an obligation to disseminate that opinion.

    In certain situations, there are limits and boundaries of taste, convention, judgment, and practical wisdom which temper the right to expression.

    Following the 2007/2008 post-election violence, for example, residents of some parts of our country are still struggling to stitch back their lives together. In fact, the country in general is still struggling to exorcise the ghosts of that violence and

    build a diverse, multicultural society where all cultures, races, religions and ethnic groups co-exist peacefully.

    Studies on recovery from violence show that individual and communal healing as well as societal reconciliation take time because they require deconstruction of prejudices and hate narratives which perpetrators of mass killings employ. Such narratives are administered in small doses over several years before the eruption of violence.

    Therefore, when a society is recovering from mass violence, matters of taste, judgment, and practical wisdom demand that leaders stop propagating opinions that some groups would interpret as provocative, demeaning, abusive, or intended to incite hatred against them.

    Granted, democratic systems function best when citizens and opposition parties continuously question those in leadership. This dictum does not change the argument, however. The main issue is not the freedom of expression per se. The point is to balance the right to expression with other fundamental rights, including the right to dignity and the right to life.

    In South Africa, the ruling ANC and the Human Rights Court counselled against the singing of some liberation songs because they oended

    the dignity of some racial groups. Instead, they advised political activists to compose new songs which unite all.

    Similarly, the High Court sitting in Johannesburg declared that, in the hierarchy of rights, the right to dignity outweighs the right to expression. The ruling was in a case led by Jamiatul Uluma Islamic group against the Mail & Guardian in January 2006. The paper had republished cartoons from a Danish newspaper which had caused widespread riots in Europe.

    Some would disagree with the courts view and argue that balancing the right to expression with any other right sties democracy. However, I doubt that anyone would contest the view that the right to life is the rst one in the hierarchy.

    In short, experience from conict zones in dierent parts of Africa shows that it is easy for editors sitting in cosy oces in cities such as Nairobi to aunt ideals, including freedom of expression. To the survivors of mass violence in the countryside, these ideals mean nothing when all they see are demagogues rubbing salt into their wounds.

    Mr Mbugua is a peace and conict studies academic in New Zealand ([email protected])

    When a society is recovering from mass violence, leaders must stop propagating opinions that others may nd provocative

    WHERE WE GO WRONG | P. Karanja Mbugua

    Political leaders abusing freedom of expression, sowing seeds of violence

    Without trace: Police guilty of negligence

    The high number of Kenyans who have disappeared without trace and remain unaccounted for is an indicator that the police need to do much more to improve their investigative capacity and resolve such cases.

    Many of those who go missing make or receive a phone call at the dening moment, after which they disappear without trace. It is, therefore, lamentable that despite being given such information, the police dont act for months until the trail goes cold.

    Investigators should bear in mind the agony families suer when their loved ones disappear. The pain they endure while visiting hospitals, mortuaries and police stations without success should be sucient motivation for the authorities to demand that such cases be resolved.

    For instance, the government can ask Tanzania to account for Kenyans who disappear within its borders. This is only fair because Tanzania would expect no less from Kenya under similar circumstances.

    Institutions like the courts should also be alive to the reality that some of those linked to serious crimes are likely to abscond once freed on bail.

    The courts can assist aected families by weighing the merits of each case and determining whether to give or deny bail to some suspects in the interests of justice.

    This way, those aected will have greater condence in the court system especially when the cases result in successful prosecution or closure when the families nally learn the truth through the eorts of investigators and the courts.

    On the same note, parents and guardians should be more vigilant about the safety of their children, while hospitals, schools and other institutions under whose care patients are entrusted must do all in their power to ensure no one disappears without trace under their watch.

    Stop the deadly violence

    The Israeli-Palestinian conict has escalated sharply in recent days. The death toll jumped to 76 yesterday from Israeli air strikes in just three days.

    Israel might have justiable claims to self-defence as its aerial bombardment is in direct response to rocket re from the Palestinian side.

    Israel reports that on Tuesday 117 rockets were launched into its territory from across the border, 114 the following day, and 22 yesterday.

    There were no casualties, but Israel responded with the ercest military operation in Gaza since 2012, with 750 air strikes hitting 300 targets.

    The erce response might seem disproportionate, especially when it kills civilians, including women and children.

    The argument could also be made that Israel reserves the right to hit back when Palestinians target its civilian areas with equally indiscriminate shelling, though to much less eect.

    The question here is not who is right, but what the latest bloodshed reveals about the failure of eorts to end one of the longest-running conicts.

    It behoves the international community to ensure that Palestinians and Israelis do not give up the quest for the long-elusive peace.

    A PUBLICATION OF NATION MEDIA GROUPLINUS GITAHI: Chief Executive Ocer

    TOM MSHINDI: Ag. Group Editorial DirectorMUTUMA MATHIU: Group Managing Editor

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

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

    [email protected] at the GPO as a newspaper

    DAILY NATIONFriday July 11, 201412 | Opinion

  • The much-hyped Saba Saba Day rally came and passed without any serious incidents. But the anxiety and tension that gripped the country clearly testies to a nation yet to heal the scars of the post-election violence, justifying the need for a new approach to our politics.

    With a long list of genuine grievances that the opposition Cord enumerated during the grand rally, there are many inconsistencies in its approach calls for national dialogue that backred, and then calls for mass action followed by insistence on a referendum. This portrays a team without a strategy.

    The rallies did not attract the Oppositions core supporters, and one wonders why Cord is insisting on taking this path.

    The support of religious leaders, diplomats and civil society, all of whom nurtured the democratic space the country enjoys today, was not actively sought. Nor was the support of strategic thinkers or the business community.

    If the Cord leaders go ahead with the planned campaigns to force the country into a referendum on the key issues they identied during the rally, they will ethnically polarise the country.

    Already, the images of people eeing their homes for fear of a repeat of 2007-

    2008 post-election violence are worrying.This is so because the country is yet

    to initiate the process of redeeming the Independent Electoral and Boundaries Commission, which did not do its job competently, according to the Opposition.

    Dangerous also is the Supreme Court ruling that upheld the Jubilee coalition victory in the 2013 election.

    This raised some serious legal and political questions that dented its credibility to act as an arbiter in future contests, especially in an ethnically polarised political environment.

    The mass action route the politicians wanted to take would not have brought any desirable results, unless, in the rst place, the intention had been to topple the government by making the country ungovernable.

    The country has made signicant

    constitutional changes that grant wide ranging freedoms and liberties the Opposition can use to press for reforms, whether the government is listening or not, without creating tension.

    We all agree that we need to have a conversation as a country, to nd ways of tackling some of the challenges we facing, including the high cost of living, unemployment among youth, corruption, and insecurity which has already taken a huge toll on the countrys economy.

    When Jubilee took over power in 2013, it should have prioritised a broad-based dialogue involving all Kenyans. With over three years to the next election, the opportunity is not yet lost for a structured dialogue that does not compromise the role a strong Opposition should play in checking the government.

    Both President Uhuru Kenyatta and Opposition leader Raila Odinga must take deliberate eorts to unite the 40 million Kenyans.

    If the Opposition says it is committed to providing a new vision for Kenya, it must do so peacefully and use both the constitutional and political means that focuses on cohesion and prosperity.

    Mr Obonyo is the external adviser on the UN Habitats Youth Advisory Board. ([email protected])

    SABA SABA AND AFTER | Raphael Obonyo

    Why Opposition needs to change strategy

    Both President Uhuru Kenyatta and Opposition leader Raila Odinga must make deliberate eorts to unite the 40 million Kenyans

    A cleaner removes muck from the polluted Nairobi River

    THE CUTTING EDGEBY THE WATCHMAN

    ARM CIVILIANS. Desperate situations call for desperate measures, such as this appeal by Gideon Nguu to the authorities to arm all the adults as a means to curb the senseless killings in Lamu and Tana River counties. The time, he adds, has come to liberalise gun ownership. All have an obligation to not only protect their loved ones, but also themselves. Gangs kill innocents and get away with it because no one in the neighbourhood has a rearm. Civilians should be armed to complement the security forces.

    E-mail: [email protected] or write to Watchman,

    POB 49010, Nairobi 00100. Fax 2213946.

    MARRIAGE OF DEVILS. The growing bloody cooperation between Al-Shabaab and the Mombasa Republican Council that is becoming increasingly evident is a marriage between two devils that must not be allowed to continue, warns Barre Shetto, writing from Mandera in the northeast. Both groups, he adds, are not only illegal, they are also murderous. The recent attacks in Lamu and Tana River counties are regrettable as innocent Kenyans lost their lives and property was destroyed.

    ITS NOT ALTRUISM. Though he fully welcomes plans to rehabilitate Nairobi River, Anthony Kiano is suspicious about the real interests of the 20 rms said to be keen on taking part in the project. He would rather the initiative was exclusively carried out by the city county government. Could they, he wonders, be motivated by a feeling of guilt over their involvement in the pollution and, therefore, wishing to exploit any loopholes to avoid punishment for their misdeeds? A scrutiny or clarication would be in order, he believes. His contact is [email protected].

    ELDORET HAS IMPROVED. There is some remarkable improvement in Eldoret Town and other places thanks to the good work the Uasin Gishu County government is doing, says Michael Greven. In the town, he adds, new litter bins have been provided, and the garbage is being collected regularly, trees are being planted, roads repaired and drains cleared. It is great to see these community initiatives in Eldoret and the whole county. Everyone benets from the important initiatives. Ahsante sana!

    COPS EXTORTING. Some police ocers in Isebania township on the Kenya-Tanzania border are giving the force a bad name with their waywardness, charges Zaccheaus Muchiri. They are involved in an extortionist ring, and he has been a victim. He was arrested, tortured and forced to admit to dealing in fake currency. And to buy his freedom, he had to cough up Sh12,000. I speak for many others who are suering in silence, says Zaccheaus, who can be reached through [email protected] for details.

    CO0NTROL SELFISH MPS. MPs should be banned from erecting billboards with their names at public projects sponsored by the Constituency Development Fund, urges Kamichore Mutindira. The disease, he adds, has now spread to members of county assemblies who are doing the same with Local Authorities Trust Fund projects. Some refuse to complete projects started by their predecessors so that they can start their own and have plaques bearing their names, says Kamichore.

    Have a seless day, wont you!

    SUPPORT THE STARS | Jasper Mbiuki

    As a country, Kenya is world-renowned for its rich sporting heritage across a variety of disciplines. From middle and long distance athletics on one end to Rugby Sevens on the other; Kenya is a sporting powerhouse that continues to achieve success far above would be expected of a nation of our size and economy.

    Perhaps the only blemish on our impressive national record is the decline in recent times in the most popular sport in our nation football.

    Kenya could, and should, participate at global footballs showcase event, the FIFA World Cup. We certainly have an abundance of talented players who could lead us to glory on the international stage. Instead, Kenya is consigned to watching on the sidelines while other nations y the ag for Africa.

    It is up to others with far greater football acumen than what I possess to identify and propose solutions for the endemic and perennial disappointments that have plagued Kenya in football qualiers over the last two decades.

    My brief in this article is to outline what Harambee Stars gracing the next FIFA World Cup, Russia 2018, would mean for our nation as well as suggesting some of the steps that we need to take to better

    our nations performance in football.

    Athletics has been a superb ambassador for Kenya. Football too can be. Russia 2018 oers Kenyan business and tourism to present the Kenyan Brand before a potential market of billions.

    With every match played by Harambee Stars at Russia 2018, curiosity and interest in Kenya would be stoked.

    While our football team distinguishes itself on the pitch, o the pitch, our team of marketing and investment professionals would be tapping into a new market; promoting Kenyan products and tourism to the Eastern European market and building investment, trade, tourist and cultural links with Russia and other states in the region.

    Gracing the next World Cup would give our nation

    a rallying point around which the eorts to better our state of national cohesion, inclusiveness and unity could be focused.

    Creating a uniquely Kenyan identity, spirit and culture is perhaps the most important task required of us for the sake of our children.

    A nation united behind Harambee

    Stars, putting aside ethnic, tribal and religious identities could be a crucial cornerstone for building the Kenya we want and deserve.

    Even if Russia 2018 were to be considered too optimistic a goal, I cannot see why Kenyans should not target qualication for Qatar 2022 as a realistic goal.

    All that is required is that we put in place the proper structures, training opportunities, facilities and incentives to encourage children to take up structured football.

    County governments have a critical role to play in that regard. Every neighbourhood and village across the country should have a playing eld within close proximity. Football pitches, however modest, should be constructed

    by the county governments as part of a campaign targeted at getting primary school children in the counties to take part in competitive football.

    Youth League football has been instrumental in the rapid rise in footballing fortunes of nations like Spain, Belgium, Ghana and Costa Rica.

    Our schools also have a role to play in leading Kenya successfully down the path to footballing greatness.

    Sports needs to be seen as an integral part of the education of every able child; not as a peripheral hobby undertaken by those who are deemed not to have bright academic prospects.

    Anecdotal evidence would suggest that the rise in childhood obesity in Kenya can be linked to the increasing marginalisation of sports and physical education in our schools in favour of rote learning targeted purely at passing examinations.

    With schools, counties and the National Government on board and committed towards encouraging youth to take part in sports, in particular football, I foresee a happier, healthier nation proudly cheering on the Harambee Stars to international victory in the not too distant future.

    Mr Mbiuki is an advocate of the High Court of Kenya. [email protected])

    We have what it takes to cheer on our national team in the next World Cup

    Harambee Stars players in practice session

    DAILY NATIONFriday July 11, 2014 Opinion 13

  • YESTERDAYS TOPIC

    Comment on Brazils 7-1 loss to Germany in the World CupJOE MUSYOKI: Brazil defenders allowed the German forwards to roam free and score at will. Harambee Stars would have done a better job.AMBROSE MUTHAURA: That was disastrous and heart-breaking being on home ground. The German

    machine took advantage of all the weaknesses to punish already hound-ded Brazil.MACKENZIE RENNY JR: I guess Brazilians were aected by Saba Saba, hence the Saba-1 defeat.KAGWE WARUTA: Coach Luiz

    Felipe Scolari over-relied on Neymar so much that his players lacked team-work when he was out on injury.ELAIS JUNIOR: Coming after Saba Saba, seven goals before 70,000 fans was because Brazil failed to dialogue!JUSTIN N. NKARANGA: Brazil de-

    served to lose. Perhaps God punished them because of their strong belief that God is Brazilian.IBRAHIM A.ISSACK: It was humili-ating and haunting.BRIAN KIPROP: The best team al-ways wins. Germany are the best.

    DEBATE QUESTION

    Do you support the idea of airtime tax to nance free education?Send your comments to: [email protected]

    I refer to the commentary by Dr Fred M. Mwirigi, Are our lead-ers about to ignite Kenya again, and then watch in glee as it burns? (Nation, July 10). I read it because the description of the author was that of a respectable don; and the captivating headline. I thought he would look at the subject from all sides and give tangible suggestions. But alas, I was disappointed.

    Turns out it was the usual thing traversing social media where au-thors give examples of countries where unrest caused mayhem while ignoring the root causes.

    These comments usually end with the clich of how our leaders would be safe in exile watching us on CNN while we burn, etcetera.

    Arab SpringThe Arab Spring, from which the

    author draws examples of the path we could be treading, was a result of dictatorship, monarchy, rights violations, corruption, economic decline, joblessness and poverty.

    All these are happening in Kenya except probably dictatorship and absolute monarchy. Add tribalism, and you have a complete list of the problem suffocating Kenya and Africa, including pre-1994 Rwanda which the author also cites heavily.

    Dr Mwirigi forgets that Rwandan problems date to colonial era and were perpetuated by the Rwandans themselves; the same thing is cur-rently at play in South Sudan.

    The shooting down of the plane carrying Habyarimana, the self-immolation of graduate hawker Mohamed Bouazizi in Tunisia, the

    eruption of violence in Kenya after the 2007 elections all are noth-ing but a culmination of long stand-ing pent-up anger against misrule.

    Neither pointing ngers at lead-ers calling rallies to discuss these issues, nor those leaders using outdated 1990s-style rally tactics to read unattainable resolutions will help. Rather the president must keep to his election slogan of transformational leadership.

    This slogan was supposed to move this country from the old ways of doing things. Unfortunately, it is perpetuating them. In corruption and insecurity no big sh is prose-cuted. We still see inequitable public appointments. Failure to consider gender, race and regional diversity while concentrating plum jobs on

    nance and security in one or two tribes create suspicion.

    The cost of food, energy, education and health continue to rise while lead-ers waste resources on foreign trips.

    While President Kenyatta needs time and support, he also needs a little pushing from an honest op-position that dwells on issues, not ascension to power.

    So lets quit writing cheap scare-monger excuses about who is and who is not responsible for our ills and right the wrongs so our chil-dren dont ght in 2099 for prob-lems we caused in 2014.

    Instead, let them say we built good roads and railways, provided electricity, free health and educa-tion that they in turn built on.

    BIKO OPONDO, Nairobi

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

    SHORT TAKESTALKING POINT

    Lets stop predicting bloodshed while conveniently ignoring its root causes

    FILE | AFPA morgue attendant walks past bodies in Mpeketoni, Lamu County, on June 16. The dead were victims of armed raiders.

    Emails from correspondents

    Mutua yet to appreciate opposition as foundation of democracyI am a voter from Machakos County and I have

    been keenly following the political behaviour of our governor, Dr Alfred Mutua. He has come along as a celebrated leader with great investment ideas. He has set high targets. Whether the mega projects still on paper will become a reality is a story for another day.

    For quite some time now, Dr Mutua has been at war with Senator Johnstone Muthama and the last time I checked, eorts to reconcile the two didnt bear fruit. In the same vein, the good governor has openly deed and belittled Cord alliance, the vehicle which gave him the ticket to vie for the gubernatorial seat. To make his stand clear, he has avoided Cord rallies and instead embraced the ruling coalition, Jubilee.

    All I want to tell the Machakos governor is that voters are watching this latest development keenly. A good leader works with all people, regardless of their preference. Even if he has friends in Jubilee, there must be some good coming out of his sponsoring party. In any event, what is wrong with the opposi-tion? It is the very foundation of democracy; even the Constitution acknowledges that.

    Lastly, and very important, he can only last in that position he is in now for the stipulated period if he concurs with the beliefs and ideals of those who elected him. Otherwise, a swift early retirement pack-age may be in the ong.

    MUEMA DAVID, Mombasa

    Mr Githieya Kimari chose to ig-nore the fact that not many Kenyans have access to social media to dialogue with their digital broth-ers and sisters in his opinion in the Nation (July 9). The old fashioned chiefs baraza still works for them.

    It will be interesting to know how and where his alleged national con-versation is taking place; for all I hear through analogue means (radio, television), is the same old fashioned bickering by a cantankerous political class carelessly dancing to the tune o