Chikawe and IGP in focus over brutality

The minister for Home Affairs, Mr Mathias Chikawe, and Inspector General of Police Earnest Mangu are likely to come under fire in Parliament today as MPs push for debate on what they see as growing police brutality targeting members of Opposition.


Signs that the two top state officials were in the MPs’ crosshairs became evident yesterday when the group, comprised largely of opposition legislators, accused the state of sponsoring terror targeting their leaders and supporters.


Trouble reared its head immediately after the question-and-answer session in the morning, with the MPs staging a protest. They paralysed the day’s business over Tuesday’s arrest of the national chairman of the CUF, Prof Ibrahim Lipumba, and numerous Opposition supporters.


The MPs were pressing for adjournment of other business to give the House an opportunity to debate the assault and arrest of the opposition leader. They disrupted the morning session and also succeeded in scuttling the afternoon session, declaring they would not transact any business until the matter was debated.


Speaker Anne Makinda called off the House business in the afternoon on the grounds that they had not reached a consensus on the debate on the state of policing—which Mr James Mbatia (Nominated–NCCR-Mageuzi) sought.


Mr Mbatia presented the motion to shelve other activities and debate the dramatic arrest of Prof Lipumba in Dar es Salaam on Tuesday but the Speaker would not hear of it.


She directed the government to prepare a statement to be tabled today—and only then would she allow the House to debate the matter. Opposition MPs were not amused by her ruling and promptly demanded that police assaults on the opposition politicians and ordinary citizen be debated there and then.


Believing that the opposition MPs were planning to storm out of the chamber, Ms Makinda asked them to leave quickly so Parliament could continue with its business.


But they started shouting instead, clearly with no intention of walking out. Her attempts to convince them to continue with the session with a pledge that the issue would be discussed the next day (today) did not soften the hearts of the opposition lawmakers, though.


“Perhaps you are not aware how serious and sensitive this issue is,” Ms Makinda said even as the agitated MPs did their best to cut short her remarks. “That is why I have decided that we debate this tomorrow after we have heard from the government.”


Mr Rajab Mbarouk Mohamed (Ole-CUF) retorted: “We know how serious this issue is...It is the seriousness and sensitivity of the matter which forces us to demand that we debate this issue immediately.”


Another CUF lawmaker was heard shouting that they would not sit until the brutal handling of their national chairman was debated and resolved. “This is not fair...the CCM secretary general is touring the country holding rallies and the police guard him,” he claimed, “but when Prof Lipumba wants the same, he is blocked.”

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Top Kenyan official announces peace-boosting moves measures

Nairobi. Interior CS Joseph Nkaissery has announced measures aimed at improving security in counties that border Somalia.


The measures include mopping up of illegal arms and increasing the numbers of police stations in the Wajir, Mandera and Garissa counties. Kenya Defence Forces will also be deployed to man the regions bordering Somalia.


Mr Nkaissery, his principal secretary Monica Juma met Senators, Governors and MPs from Wajir, Garissa, Mandera and Tana River counties in Nairobi over insecurity in their areas.


“We want to bring peace and security in the Northern eastern region and the resolutions we have made are the first step. Our next step will be the implementation by my ministry,” Mr Nkaissery told a news briefing after a five-hour meeting with the leaders.


Other proposals include reinforcing patrol of international boundaries and having all the foreigners coming tin undergo thoroughly checks.


“We also want to check on movement of goods at the borders, curb corruption to also ensure that we facilitate tax collections,” said Ms Juma who read the resolutions.


Clannism was singled out as one of the causes of insecurity in the region.


Last year, several people were killed and others displaced in inter-clan conflict between the Degodia and Garre communities in Wajir and Mandera counties.


Mr Nkaissery asked leaders to start peace campaigns in the region.


“Adan Duale and Yusuf Haji will spear head the anti-clannism campaign,” said Ms Juma and added that the negative perception of Kenyan Somalis would also be addressed.


Mr Juma reported that her ministry would also request for more funds from the National Treasury for the Presidential Peace Task Force. (NMG)

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General Election on a knife edge: Our exclusive poll shows Labour just ONE per cent behind Tories with 101 days to go

The race to Downing Street remains on a knife edge, with an exclusive Mirror poll putting the Tories just one point ahead of Labour.

With 101 days to go to the May 7 general election, the Tories are on 31%, Labour 30%, UKIP 23% and the Lib Dems 7%, according to our first monthly survey with pollster Survation.

But Ed Miliband faces a battle to prove he is the right candidate to run the country with fewer than two out of ten people saying he would make the best Prime Minister.

The survey, conducted on Sunday, shows Nigel Farage has not been damaged by a string of embarrassing stories including the defection of MEP Amjad Bashir to the Tories and his reported support for a paid-for health system.

Our poll puts the anti-European party up three points since last month, with the Tories up two, Labour down two and the Lib Dems down four.

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Report uncovers misuse of funds at EAC

A report on the East African Community (EAC) financial statements has uncovered rampant misuse of funds in the regional organisation and its affiliates.


The anomalies singled out include poor accountability for imprests by the staff and what it termed “unnecessary expenditure of resources”.


It was found out that the Arusha-based secretariat spent about $ 3.4 million during the 2012/2013 financial year on procurement of air tickets alone, an expenditure seen as unjustifiable.


The report, which was tabled before the East African Legislative Assembly (Eala) on Thursday, called on the EAC Council of Ministers — the policy organ of the community — to urgently intervene to curb misuse of the tax payers' money.


"The EAC management should tighten loopholes and rid anomalies in accountabilities for imprest advances," the chairperson of Eala's Accounts Committee, Jeremie Ngendakumana, said during the report presentation.


The report reviewed the EAC financial statements for the year ended June 30, 2013. It is expected to be debated by Eala next week. The regional parliament is currently holding sessions in Arusha.


CONSTRUCTION WORK


The construction works under the EAC were not spared either.


The report found out that "inadequate descriptions" in the Bill of Quantities. It was proposed EAC should have a building policy and procurement manual for the same.


At the East African Court of Justice (EACJ), one of the key organs of the community, a total of $116,000 was paid out as daily subsistence allowance (DSA) during a meeting held outside Arusha.


It is the view of the Eala committee members that the said strategic plan meeting of the court should have been held "in an alternative place that does not require the payment of DSA".


At Eala itself, the committee notes that there were irregular payment of per diems amounting to $ 9,084 to facilitate attendance of funeral committees. The report recommends guidelines on death-related expenditures.


Under the projects, the HIV/Aids project, is reported to have “poorly utilised” budgeted funds, only managing to spend 47 per cent of total funds earmarked for the programme.


INSTITUTIONAL REVIEW


The legislators partly attributed the financial mess at EAC to delays in finalisation of an institutional review of the regional body, which has a dozen organs and institutions under it.


The delay in completion of the review is unnecessary, they observed, noting that it had led to increased expenditure as well as implementing EAC projects and programmes.


The EAC institutional review, aimed to streamline its activities more efficiently and effectively, has been on cards for the last three to four years but not implemented.


"EAC has several unfilled staff positions and to bridge the gap, the management has often been forced to offer short term renewable contracts which has several disadvantages to both the staff and the organisation", the report reads in part.


The Parliamentary Accounts Committee is recommending the filling of the various vacant positions to enable the community to perform according to its expectations.

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Herders desperate as dry spell bites

The scorching sun and the clear blue sky diminish the hopes of herders by the day.


Their animals are frail, sickly and dying. They keep hope alive that their next destination might have green pasture.


Thousands of herders from as far as Isiolo and Laikipia North are moving towards the foot of Mount Kenya so that their animals may feed.


But authorities have warned them of dire consequences should they graze in the water towers.


In what is a perennial battle, tension is already simmering between the pastoralists and farmers, who fear the animals may soon invade their farms.
The rain gods are not about to smile down on the livestock keepers, going by the latest Kenya Food Security update.


According to the report, rangeland conditions are expected to deteriorate faster than normal during the dry season from January to March.


Dry areas, including Merti Sub-county in Isiolo, Daadab Sub-county in Garissa and Hadado and Sebule Sub-counties in Wajir will likely be in a crisis through March, the report predicts.


The National Drought Management Authority has also released a report that says the pasture is inadequate to meet the needs of the regions’ livestock.


The situation was occasioned by the vagaries of the weather, like long spells of sunny conditions, strong winds, cold and chilly nights which have led to frequent frost attacks.


Liarisin Lekumoisa, a Samburu moran (warrior) has been on a journey for the past one month.


With other morans, they have had to go over hills and down valleys; dodge security officers during the day and keep safe from hyenas marauding in the night, all in the name of pasture.


PRICES HAVE TUMBLED


More hurting for him is that the prices for his emaciated stock have tumbled and middle men are exploiting their desperation to make a killing.


“A bull that used to fetch Sh30,000 two months ago now goes for as low as Sh5,000,” he says. “There are unscrupulous people who know that we fear losing our herds so they offer (prices) as low as possible so that they can make a kill at the butcheries in nearby towns.”


At a makeshift manyatta near Nanyuki Town, he displays a pile of bones, the remains of at least three of his animals that have died since he camped at the spot two days ago.


Daud Abdi has been moving with is more than 200 camels. Each day, it becomes more expensive to feed them.


Ranchers charge them Sh4,000 per week for every 20 camels allowed to graze in the ranches, he says. “But this is becoming too expensive because I have over 200 of them. God willing, I will sell about 20 when I get a good ranch so that they can feed.”


He says one camel costs an average of Sh120,000 and he is optimistic that by disposing of about 20 of them, he will be able to sustain his herd through the dry season.


Marsabit Governor Ukur Yatani has raised the alarm that the herders are at risk of their stocks being wiped out, not only due to the harsh weather but also by diseases that they are likely to pick up along the migratory routes.


“As the pastoralists move, they have limited access to veterinary services. They also come into contact with animals from various regions, at water points. This exposes them to risks in case of a disease outbreak,” the governor says.

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Judges reject appeal in security laws case

The government Friday suffered a major blow in its attempt to enforce tough security laws after the Court of Appeal refused to reinstate suspended clauses.


The three-judge bench ruled that it would not be in the public interest to enact a law that will violate the very rights the State is seeking to protect.


Their ruling hands a major victory to the opposition Cord and human rights groups which are opposed the proposals.


This followed a request by the Attorney General and the Director of Public Prosecutions for the eight clauses to be reinstated while a case against the disputed laws is heard.


“When amending any law that touches on national security, Parliament must ensure there is no violation of human rights which is part of that national security,” justices Daniel Musinga, Patrick Kiage and Agnes Murgor ruled.


They said human rights are part of Kenya’s democratic process and not even the State can remove them.


The judges dismissed AG Githu Muigai’s appeal, ruling that the balance of convenience favours the public who will suffer most if the laws violate their rights.


“When the government appeals against a ruling, it is assumed it does so in the interest of the public. It is not however in the interest of the public to enact a law that will violate the very public rights the State is seeking to protect,” ruled the judges.


Although the judges said the AG’s appeal was arguable, they were not convinced enough to reinstate the laws only based on alleged threats to Kenya’s security by terrorists.


They dismissed Prof Muigai and DPP Keriako Tobiko’s arguments that suspension of the clauses had hampered the fight against terrorism, ruling that Kenya has sufficient laws to deal with insecurity.


“They did not demonstrate that suspending the clauses had created a great vacuum in the law. Apart from the eight sections, other clauses are operational including other laws which have been used to fight insecurity. Security agents can still use existing laws to protect citizens,” ruled the judges.


SECOND VICTORY


Their decision was a second victory for the Coalition for Reforms and Democracy (Cord) and human rights organizations who are challenging the constitutionality of the Security Laws (Amendment) Act 2014.


“The Court of Appeal has reaffirmed that there is no instrument above the Constitution, not even public interest. It also affirms our position that suspending parts of the law will not make the country vulnerable to terrorism,” said Cord’s lawyer James Orengo.


The judges, in their ruling, said the Constitution is the supreme law and no other statute or Act of Parliament purporting to protect the rights of citizens can be above it.


“National security is subject to the authority of the Constitution and human rights. When amending any law that touches on national security, Parliament must ensure there is no violation of human rights which is part of that national security,” ruled the judges.


According to the judges, human rights are part of Kenya’s democratic process and that not even the State or any other authority can take away those rights through any law.


“Although the AG has the right to appeal against the High Court decision, we are not satisfied that failing to reinstate the suspended clauses will make his appeal useless. The court must also consider where public interest lies,” ruled the judges.


The judges said although they appreciate the threat of insecurity, their mandate is to exercise justice when even a small example is cited to show potential violation of human rights.


Justice George Odunga suspended the clauses on January 2 following petitions by Cord and Kenya National Commission on Human Rights.


Among sections suspended were those giving power to the National Intelligence Service to carry out special operations on terror suspects and punishments for media houses for publishing materials deemed to be either encouraging or inducing terror attacks.


Clauses giving police the power to detain terror suspects for up to a year and the one limiting the number of refugees in the country.

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Comoros votes in key parliamentary elections

Voters on the chronically unstable Indian archipelago of the Comoros go to the polls Sunday in parliamentary elections seen as a test of the popularity of a former leader Abdallah Sambi who is vying to return to power.


The vote is the first in a cycle of legislative and local government polls culminating in presidential elections next year.


In power between 2006 and 2011, Mr Sambi, who tightened ties with Islamic nations when he was in office, has dominated the political discourse in the run-up to the polls in this country of 735,000 inhabitants.


He wants to return to the president's office in this former French archipelago which has a long and chequered history of coups, even though he is not eligible for re-election as yet.


After 20 coups or attempted coups in the four decades since independence in 1975, a gentleman's agreement was reached to rotate the presidency between the three islands.


Under that deal, Sambi cannot run for office next year because it will not be his island's turn. But he is determined to change that rule, if his Juwa party wins the majority parliamentary seats.


Mr Sambi wrapped up his party's campaign Friday with a rally staged in grand style after the day's Muslim prayers.


He signed off with an anti-Charlie Hebdo remark: "We are not Charlie, we are for the prophet," in this predominantly Muslim country.


Around a quarter-of-a million voters are registered to cast ballots for federal parliamentary members before a second round scheduled for February 22 when they will also elect local government councillors.


CHEQUERED HISTORY OF COUPS


The four-year mandate for the current federal parliament was meant to have expired in April last year but was extended to the end of this year.


This year's election has attracted huge numbers of candidates, but was marred by blunders in the distribution of voters cards.


Foreign donors will want to see the election run smoothly in a bid to spruce up the image of the small country whose tropical beaches and coconut trees resemble an impoverished version of the touristic Seychelles.


The economy posted an average three percent growth in the three years up to 2013


But a population boom, fuelled by an average five children per woman rate, puts pressure on the islands' meagre resources.


A total of 878 candidates are vying for the ballots of 275,348 voters.


Among them is Bahassani Ahmed, a 35-year-old French trained lawyer.


He believes Sunday's elections will be a rehearsal of the 2016 presidential but is angry that Mr Sambi's ambitions to run again for office has diverted attention from real election issues.


He lambasted Mr Sambi as "a manipulator, he promised the Comorans heaven, but nothing came out of that." Promises of education, and hospitals, came to "nothing, and (all we had were) shady businessmen coming to plunder the Comoros".


Comorans in the diaspora - estimated at between 200,000 and 300,000 living in France - cannot vote although they play a key role.


With the economy weakened by the political instability, the country depends heavily on the diaspora remittances, which are roughly 25 per cent of the GDP.


President Ikililou Dhoinine's five-year term ends in May 2016.

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