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Citizen Weekly

Monday, 18 May 2015

KIKUYU MPS PLAN KIDERO 2017 OUSTER

A move has been hatched by central Kenya politicians to position one of their own as the next governor of Nairobi, in what is seen as a step towards reclaiming the region’s political supremacy in the Capital.
At least 70 Members of Parliament drawn from the Mt Kenya region and Nairobi, who met in a rare caucus in Nyeri county to discuss various issues affecting the region, gave priority to a bid to unseat Evans Kidero from the City government’s pinnacle in the next election.
The MPs yesterday resolved to rally behind Dagoretti South MP Dennis Waweru to run for the Nairobi governor seat in 2017, as they appointed him the chairman of the central Kenya Parliamentary Group.
MPs who attended the one-day retreat at Aberdare Country Club vowed to marshal the support of the Kikuyu, Embu and Meru communities living in Nairobi to vote for the MP whom they touted as the likely Jubilee Alliance Party (JAP) candidate for Nairobi governorship.
In the 2013 General Election, ODM’s Kidero sailed past lead challenger Ferdinand Waititu of TNA, who was seen to have lost due to a split vote among candidates with roots from Central Kenya.
However, the move by the legislators is expected to evoke interesting developments in Jubilee because Nairobi Senator Mike Sonko has declared interest in the seat.
Sonko has been going all out to splash goodies on the City populace, especially in informal settlements, in what is an obvious early campaign that has made many politicians, especially in Nairobi, uncomfortable.
While addressing workers during this year’s Labour Day celebrations at Uhuru Park, President Uhuru Kenyatta affirmed that Kidero was still Nairobi’s governor despite the philanthropic antics displayed by Sonko.
Speaking during the sidelines of yesterday’s retreat, Gichugu MP Njogu Barua said by electing Waweru as their chair the MPs had symbolically given him the support of the region in the bid for the governor’s seat.
“MPs from our region have endorsed Waweru as our preferred candidate for this seat. In essence, we are showing our people the way forward when it comes to voting in 2017,’’ said Barua. Other sources in the retreat said they were convinced Waweru was a suitable candidate for the job, describing him as “sober and untainted”.
The sources intimated that they had, in principal, agreed to rally their communities behind Waweru and at the same time to reach out to other communities under JAP for support.
The move by the MPs comes hot on the heels of the election of Ferdinand Waititu as the MP for Kabete, effectively shifting his political base from Nairobi to Kiambu, where he has stirred political calm by declaring that he will oppose the incumbent governor William Kabogo in 2017.
Waweru agreed that an endorsement by the Mt Kenya communities would give him a head-start in the race. “The fact that MPs from the region have faith in me means I stand a better chance of capturing the seat,’’ he said.
Among senators who attended the meeting were Kiraitu Murungi (Meru) and Kimani Wa Matangi (Kiambu). Notable absentee was Tharaka Nithi Senator Kithure Kindiki who was said to have sent an apology. During the two-day retreat the legislators resolved that small parties from the region be merged under JAP to ensure a block vote for President Uhuru and his deputy William Ruto in 2017.
In a statement read to the press by Waweru, the leaders said the only way to ensure re-election of the Jubilee government is to use JAP as the sole vehicle in elections. “We will dialogue with other like-minded parties and leaders to form a strong political vehicle to propel Uhuru and Ruto to win a second term in office,’’ said Waweru, adding that the parties would “consolidate their operations, structures and functions”.
Kiraitu, who agreed to merge his Alliance Party of Kenya alias ‘Bus’, said they agreed to meet early to lay out strategies that could win Jubilee a second term. “Unlike before, we have resolved to convene early so as to strategise on how the President and his deputy will retain their seats in 2017.
We want to consolidate our unity in this region before consulting other like-minded parties,” said Kiraitu. Among the concerns they raised were unfair budgetary allocations to their counties and high consumption of illicit brews.
They claimed that the 1999 national population census being used to award revenue to counties by the Micah Cheserem-led Commission on Revenue Commission was doctored, thus disadvantaging the region.
“We, as leaders from this region, want to state that we are getting a raw deal when it comes to revenue allocation. How can Turkana get over Sh10 billion while a county like Nyeri receives a mere Sh3 billion? We want our rightful share,” said Kieni MP Kanini Kega.

LOBBYING FOR GOVERNOR'S CHAIR POST

Governors were on Monday trying to reach a consensus on who will succeed outgoing Council of Governors Chairman Isaac Ruto.
Governors who spoke to the Nation said they would go for a negotiated deal to pick Mr Ruto’s successor to avoid splitting the 47-member CoG along party and regional lines through a fractious election.
The Bomet governor is ineligible for re-election, having already served the maximum two terms as provided for in Section 19 of the Intergovernmental Relations Act, which creates the governors’ council.
Those said to be interested in replacing Mr Ruto include Kakamega Governor Wycliffe Oparanya, his Meru counterpart Peter Munya and the current CoG vice-chairman and Kwale Governor Salim Mvurya.
Bungoma Governor Kenneth Lusaka laughed off reports that the race had narrowed to Mr Oparanya and Mr Munya, with the Cord coalition planning to whip governors allied to it to support the former.
“We are trying to reach a consensus on our new team. We do not conduct our affairs on the basis of our individual political parties,” stated Mr Lusaka.
Two of the contenders for the post of chairman, Meru Governor Peter Munya and his Kwale counterpart Salim Mvurya both maintained that they were in the race but denied that they were being sponsored by their respective coalitions.
“There is no Cord and Jubilee. I don’t even think the Jubilee guys like me. I am contesting as Munya. Our first line of action is to go for consensus and if we fail, then we will go to the ballot,” said Mr Munya.
Similar views were expressed by Busia Governor Sospeter Ojaamong, downplaying reports that his Orange Democratic Movement (ODM) party would back Mr Oparanya.
THURSDAY'S ELECTION
“This is not a party issue. There are no parties here. We are the people who are on the ground and we know the issues that affect us and the common mwananchi,” he said.
He disclosed that governors were holding informal talks to settle on a candidate ahead of Thursday’s election.
“We are travelling to Nairobi this week to agree on who can best articulate our issues. It is not about so and so versus so and so or this coalition versus that coalition,” said the Busia governor.

SONKO RANKED BEST PERFORMING SENATOR IN KENYA

Prof John Krop Lonyangapuo of West Pokot is the highest ranked Senator in the country, with an approval rating of 74.5 per cent.
He is followed by Mike Sonko of Nairobi, whose approval rating is 67.3 per cent, according to a nationwide survey by pollster Infotrak.
Prof Lonyangapuo is a former permanent secretary elected on a Kanu ticket and was rated by his constituents.
Interestingly, Mr Lonyangapuo was, on May 7, summoned by the Directorate of Criminal Investigations to answer questions on robbery with violence.
The summons came in the wake of the killing of 42 people, including children and pregnant women, by gunmen who attacked a village on the boundary of Baringo and Turkana counties.
Mr Sonko is a controversial populist whose brand of service is dismissed by many, but appreciated by an equally large number.
Last week, when Nairobi was swamped by a deluge, the Sonko Rescue Team helped parents to save their children from a school bus that had been marooned by floods.
Mr Sonko has a fleet of towing vehicles, limousines, fire engines, water bowsers, hearses and ambulances which are sent to rescue city residents in distress.
Incidentally, Mr Sonko is in danger of losing his seat after he missed sittings for a month on the strength of a letter he wrote to the Speaker, Mr Ekwee Ethuro, saying that he had stepped aside after he was adversely mentioned in a corruption report.
Mr Ethuro rejected the letter, meaning that Mr Sonko’s absence was not justified and some of his colleagues have argued that he should lose his seat.
Mr Moses Wetang’ula of Bungoma is ranked third, with an approval rating of 67.1 per cent. The Senate minority leader has indicated that he will seek the presidency on a Cord ticket. The Ford Kenya leader will face off with ODM leader Raila Odinga and Wiper Democratic Party leader Kalonzo Musyoka for the coalition’s ticket.
TELEPHONE INTERVIEWS
The CountyTrak Senator’s approval survey, conducted by Infotrak Research and Consulting on behalf of the Daily Nation, was carried out between December last year and February this year, with 2,800 people interviewed countrywide.
According to the pollster, the survey was conducted through computer assisted telephone interviews among adults in various counties. Forty six counties were ranked, leaving out Homa Bay because at the time it was not represented in the Senate following the death of Mr Otieno Kajwang. He has since been succeeded by his younger brother, Moses.
Infotrak CEO Angela Ambitho said respondents were asked: How would you rate the performance of your senator on a scale of 1-10 where 1 is extremely poor and 10 is excellent?
“It’s important to note that the CountyTrak Senators approval index is limited to the perception of the respective county residents.
“For instance, the CountyTrak Senator’s index for West Pokot was determined only by the residents of West Pokot,” she said.
Elgeyo-Marakwet Senator Kipchumba Murkomen (64.3 per cent) and his Mombasa counterpart, Mr Hassan Omar (64 per cent) completed the top five.
Others who rated highly were Kakamega’s Dr Boni Khalwale (63.1 per cent), Tharaka Nithi’s Prof Kithure Kindiki (62.5 per cent), Meru’s Kiraitu Murungi (59.2 per cent) and Vihiga’s George Khaniri (58.3 per cent).
Mr Kindiki is the Majority Leader in the Senate and has expressed ambition to be on the presidential ticket in 2022 as a running mate.
Tana River Senator Ali Abdi Bule had the lowest approval rating at 37 per cent. Mzalendo.com, which monitors legislators’ performance in the House, records him as having spoken 117 times since his election in March 2013.
Second from last was Isiolo’s Dr Mohammed Kuti, with an approval rating of 41 per cent, while Nakuru’s James Mungai was only marginally better at 41.6 per cent. Others at the bottom of the table were Wajir’s Abdirahman Hassan (44.2 per cent), Lamu’s Abu Chiaba and Trans Nzoia’s Henry ole Ndiema ( 45.8 per cent), Kajiado’s Peter Mositet (46.3 per cent) and Nyeri’s Mutahi Kagwe (46.4 per cent). Laikipia’s Geoffrey Gitahi and Marsabit’s Hargura Godana (who tied at 46.9 per cent) and Narok’s Stephen ole Ntutu (47 per cent) were listed in the bottom 10.
Mr Ntutu has been locked in an ongoing battle with Narok Governor Samuel Tunai, with each accusing the other of involvement in corruption.
The Senate is designed to be the guardian of devolution and senators watch out for counties’ interests in the making of laws. They also provide oversight on how devolved governments spend money.
Currently, the Senate is locked in a dispute with the National Assembly over the Division of Revenue Bill and the two houses have formed a committee to mediate a compromise on the money to be allocated to counties in the next financial year, which starts next month.
The Senate wants the counties allocated Sh291 billion but the National Assembly approved Sh283.7 billion.

MWAKWERE CLEARED BY EACC

NAIROBI, Kenya, May 17 – No corruption charges will be preferred against Kenya’s Ambassador to Tanzania Chirau Ali Mwakwere after the Director of Public Prosecutions Keriako Tobiko found that there is insufficient evidence against him to sustain prosecution.
Mwakwere has been under investigation by the EACC on suspicion of involvement in the irregular acquisition of Kenya Railways Corporation houses when he was Transport Minister in Mwai Kibaki’s government.
Charges he denied when he appeared before the commission for questioning.
“I have never ever committed such crimes… I have never sold or rented a Kenya Railway house; if anything they should be grateful that I took care of the asset as the Minister for Transport,” he defended himself.

At the time he also took issue with the way the matter was handled; his inclusion in the infamous #ListOfShame by the EACC and which was later made public before the accusations levelled against him were properly investigated.
“It hurts because you’re presumed innocent until proven guilty. In this instance, I was pronounced guilty before even being asked for my side of the story,” he said.

Tobiko who says he received the EACC file on Mwakwere on Friday has denied receiving any files on the suspended Cabinet Secretaries and Principal Secretaries under investigation for graft.
This is contrary to earlier reports that the EACC had recommended to the DPP the prosecution of three of the five suspended Cabinet Secretaries.

The EACC has less than two weeks left to meet the 60 day deadline President Uhuru Kenyatta gave for it to complete its investigations into public servants accused of corruption.
The DPP has however already endorsed its recommendation for the prosecution of Nandi Hills MP Alfred Keter and his nominated counterpart Sunjeev Birdi who were included in the #ListOfShame for demanding that the law be broken in their favour at the Gilgil weighbridge.
READ: MPs Keter and Birdi in court to block arrest, prosecution

UHURU WANTS BURUNDI TO POSTPONE ELECTIONS

JOHANNESBURG, South Africa, May 18 – Kenya’s President Uhuru Kenyatta on Monday urged Burundi to delay parliamentary and presidential elections in the wake of a failed coup against President Pierre Nkurunziza.
“What we call for as a region first and foremost, it is necessary that the elections be postponed but within the constitutionally allowed mandate of the current government,” Kenyatta told South Africa’s public broadcaster SABC during a visit.
The delay would allow regional leaders time “to work together with all parties to see how we can get to a situation where we can get an amicable solution that calls for (the) continued peace of Burundi,” said Kenyatta.
Nkurunziza’s bid for a third consecutive term in office has sparked the political crisis in Burundi.
Opposition and rights groups insist that Nkurunziza’s bid is against the constitution and the terms of the peace deal that brought an end to the country’s civil war in 2006.
Tensions have been running high after the failed coup.
Parliamentary elections are scheduled to take place on May 26, and presidential polls on June 26.
The Kenyan leader held talks with President Jacob Zuma on Sunday and addressed the Pan African parliament, the legislative body of the African Union which is housed in South Africa.

Sunday, 17 May 2015

SENATOR IN SEX DRAMA AT CAR PARK



When Nairobi residents were recently experiencing flash floods owing to the heavy rains that pounded the city rendering most roads impassable and causing untold nightmares to motorists, to others, it was business as usual and a blessing in disguise. One such person is none other than the maverick TNA nominated Senator Joy Gwendo.
After hammering one too many and more than enough hard drinks with a Nigerian man at Fronto, a joint located behind Real Insurance Plaza in Nairobi’s  Upper Hill  area as it rained cats and dogs,  the Senator could not control herself and started harassing  her friend sexually. Revellers at the popular joint could not believe what they were being treated
to as the senator unbuttoned the man’s shirt and started caressing his chest in a revealing manner. Sooner rather than later, the centre could not hold and the senator settled on the West African’s lap.
Too tipsy to talk coherently or walk, she at one time requested to be escorted to the toilets by her guest. All this time, the heavens were bursting. On disvovering  that it was not going to stop raining anytime then, they cleared their bills and walked straight to their car which was parked on the lower side lawns of the club. This was around 9pm at the peak of the pelting rain.
They are said to have locked themselves in the car for hours waiting for the rain to subside. A motorist who had been blocked by their car and wanted to drive off after the rains had ebbed walked over to notify them he wanted to head out.
To his surprise, as he walked to alert the security guards to identify the owner of the sleek imposing vehicle, he discovered the roof lights were on and the auto was rocking gently.
He knocked on the windows but the two who at the tine were too busy with their business to notice anything just went on with their business undaunted.
Upon realising they had been seen, the senator braved it out with her unzipped skirt asking what the matter was. Upon explanation, she said “we are in a mess dear” and told her man to zoom off.
This is not the first time the senator is finding herself in trouble socially. Last year, a woman by the name Pauline Mbewa came out to claim the senator was having an affair with her husband Thomas Mbewa. It is said the senator who is in senate on Uhuru Kenyatta’s TNA ticket, nearly caused Mbewa’s marriage to crumble when she started dating Mbewa. The couple has been in marriage for eight years. It forced Mbewa’s wife to desert her matrimonial home leaving behind her children for months.
Pauline’s efforts to engage Mbewa relatives to solve the matter hit a snag. It is said a planned marriage between Mbewa and the senator has failed to proceed after the man discovered his lover has a chain of men some of who were ready to stop their marriage either in court or in church for reasons best known to them.
Mbewa at one time was quoted saying: “It is true I’m dating Joy and we have known each other for the last three years. It has been an on-and-off relationship which my wife knows about and we decided to formalise it. We are now engaged and very soon, I will call you and other members of the Fourth Estate for a formal marriage.” This has however never come to pass.
When the senator last year was arrested of being drunk and locked at Muthaiga Police Station, a man now believed to be the one who was with the senator during her Upper Hill escapade visited her at the police station. He is the one who bailed her on the morning of Sunday March 30 2014. Mbewa was not informed of the saga only to learn from press reports. Gwendo  spent the night in a police cell after failing an alcoblow test at midnight. She had been having a good time with a friend and had dispatched her government-paid aides. Since the arrest saga, the senator and Mbewa’s relationship has hit rocks.
The manner in which she landed TNA nomination has been at the centre of discussions with word that she used her sexual prowess to land the coveted seat. She is also said to have fallen out with a top TNA official behind her nomination.
Recently, TNA Kisumu county branch called for her expulsion from the party.
The branch in a letter to national office, wants her stripped off the senate nomination among other disciplinary measures. Area party officials say she is an ODM mole and has been summoned by the office on several occasions over her conduct, but deliberations have not borne any fruit. Party county coordinator Juma Midigo said they had decided to send Gwendo away and are looking for replacement to be presented to the party.
Joy worked at Royal Media as a creative journalist. Those close to her say that she has a weakness of falling in love with men at social joints instantly and on first sight. She had sometimes back after her arrest stopped taking alcohol preferring soft drinks but she is back at it.

WHO WILL REPLACE MATEMU AT EACC?


The name of the Director of Public Prosecution Keriako Tobiko has featured prominently as among those likely to succeed Mumo Matemu at Ethics and Anti-Corruption Commission.
Analysts say the way State House was involved in the removal of the commissioners clearly shows it had its own names on the list as preferred candidates. State House will influence activities from the advertisement of the jobs, interviews and recruitment period.
According to the constitution, a person shall be qualified for appointment as a member of the commission if that person-
(a) Meets the requirements of Chapter Six of the Constitution. (b) holds a degree from a University recognised in Kenya; (c) Has knowledge and experience of not less than 10 years in any of the following fields -  (i) Ethics and governance; (ii) Law; (iii) Public Administration; (iv) Leadership; (v) Economics; (vi) Social Studies; (vii) Audit; (viii) Accounting; (ix) Fraud Investigation; (x) Public Relations and Media; or (xi) Religious Studies or Philosophy; and (d) Has had a distinguished career in their respective field.
 The president is to constitute a selection panel to nominate.
Short list of the applicants and the names of the shortlisted applicants and the qualified applicants should be published in the print media. Interviews of the shortlisted persons must be in public.
The three qualified applicants for the position of chairperson plus that of four qualified applicants for the position of the members are shortlisted. The names of the qualified persons are forwarded to the president.
 The president shall, within 14 days of receipt of the names of successful applicants forward select chairperson and members of the commission to the national assembly for approval.
 The national assembly shall, within 21 days of the day of its next sitting after receipt of the names of the applicants vet and consider all the applicants, and may approve or reject any or all of them.
 Where the national assembly approves all the applicants, the speaker of the national assembly shall forward the names of the approved applicants to the president for appointment.  The president shall, within seven days of receipt of the approved applicants from the national assembly, by notice in the Gazette, appoint the chairperson and members approved by the national assembly.
As for Tobiko, his current office is more prominent, strategic and not politicised as EACC, hence if he decides to go for the position, it will be a downgrade in more than one way. It is imperative to note that Tobiko has the final word on who the EACC prosecutes or does not since the files are forwarded to him.
Uhuru Kenyatta’s move to involve Tobiko’s office and that of Director of Criminal Investigations Ndegwa Muhoro to probe those in the list of shame was a clear indication he has trust in Tobiko, it is opined in certain quarters.
Sources say since Kenyans see an effective EACC as the tool to fight corruption and with Uhuru out to stem the vice likely to cause him his second term, an effective chairman who can fasttrack files without loose ends is needed. To avoid delay as it has been before, it is said, Tobiko is the man.
Reports have it EACC is set to be transformed via a bill being prepared to be presented to parliament to have an independent prosecution wing detached from the DPP office. Further, the corruption court will have a timeframe to finish and give verdict to graft cases. The cases are set to be heard concurrently without postponements as it is now, for it takes years to give a verdict.
Those fronting for Tobiko argue that as the DPP, he has prosecuted notable Kenyans without favour. The case of former powerful minister in Kibaki regime Amos Kimunya tops the list. Tobiko office is also credited with not sparing drug barons as before. Case in point being Baktash Akasha and his accomplices who face extradition to America.
Tobiko has also not spared Gatundu South MP Moses Kuria on matters relating to hate speech.
It is also emerging that it was pressure and efforts by the DPP’s office to tighten the files relating to Anglo-Leasing scam that led to the recent prosecution of the key players. The files are said to have loopholes that could not have sustained trial. Investigators at EACC are said to have been compromised by the suspects.
Already, the removal of Matemu and his deputy Irene Keino has been sealed. The matter first landed before parliament speaker Justin Muturi sanctioning the petition by lawyer Geoffrey Oriaro.
Initially, Uhuru’s legal advisers led by solicitor general Njee Muturi, Abdikadir Mohammed had prevailed upon the commissioners to step down with Jane Onsongo giving in. Keino stayed put but eventually upon the formation of a tribunal to investigate, she threw in the towel.
That Uhuru legal team was involved in the resignation clearly shows they want to have their own in charge at EAAC to help him duel graft which is badly tainting his government, more so   with the name of his deputy William Ruto featuring in almost every magnitude scam. Uhuru’s team is said to be well alive to the fact that it is insecurity and corruption that saw president Goodluck Jonathan lose to Mohammed Buhari in Nigeria.
However, it is said if Tobiko does not apply for the position, Uhuru handlers have a plan B. Various names are mentioned with even word that the solicitor general is out to occupy the Attorney General’s office and a powerful EACC where Githu will land will be formed. Njee, in the legal corridors, is referred to as the de facto AG. Abdikadir’s name is also mentioned but it is not known whether he can vacate his State House job just yet. The initial plan was to have Githu replace Chief Justice Willy Mutunga when he retires end of next year but it seems the gods are smiling favourably at Kiambu- born Court of Appeal Judge Paul Kihara.
Others say the EACC plot was aimed to have Njee land the AG’s slot as changes are made at the helm. If Githu refuses to play ball, Uhuru men want to use sections in the constitution to remove him. The scheme is to force Githu resign as he will find the position being cobbled for him smallish.
Apart from Tobiko, names of those being mentioned include lawyers with thick political links.
Top is Njoroge Regeru:  He was the lead lawyer for The National Alliance in challenging the inclusion of spoilt ballots in the calculation of votes attained by each presidential candidate in the March 4 2013 presidential elections.
He also represented former Director of Intelligence James Kanyotu in the Goldenberg Commission of Inquiry chaired by Justice Samuel Bosire.
Then we have Kioko Kilukumi. At one time he was nominated by then president Mwai Kibaki to be DPP. He was a defence lawyer in Ruto ICC case but was dropped.
 The big name of veteran lawyer Aurelio Rebello also features. He was in the team of lawyers that represented the Independent Electoral and Boundaries Commission in the presidential election petition by Raila Odinga challenging Uhuru’s win. Many remember him for dismissing a rookie lawyer at the proceedings telling him to stop consulting the thesaurus every morning to aid his legal brawl tactics.
Katwa Kigen who is close to Ruto and Cecil Miller Junior who at one time had been named to chair the polls body are also mentioned. Miller is a sharp lawyer and whether he decides to go for the seat that has seen those who have occupied it regretting why they did so, is awaited to be seen.
It is said Uhuru team has approached two lawyers to be chairman but all have declined on grounds it is a cursed office.


THE ROT AT MUSIC SOCIETY OF KENYA


There is simmering discomfort in the Music Copyright Society of Kenya as members gang up against the management.
 As it goes, exit the tiger enters the dragon. The dragon has however transformed itself, and has the head of a dragon, mouth of a lion, eyes of the cobra, claws of a leopard, stomach of a hyena and body of an octopus
All these was observed by the Blue Eye team, in the recently concluded (MSCK - Dinossaur) annual general meeting, held on April 30 at Embu’s Kangaru Boys’ High School.
Since the inception of the institution in 1983, with a team whose interest touched on the hearts of members, the first directors were Laban Juma Toto,  David Amunga, Rajab S Chumbii, Daudi Kabaka, Betty Njeri Tett, Griffith Justus Siboe, Rautta Athiambo and Robert Noel Simpson.
 This was a team that had the interests of Kenyan musicians at heart but the manner in which they were shoved out leaves a lot to be desired and exactly what happened baffles many as carnivores took over as the herbivores were shown the exit door.
All this happened in 2003 and during this time under the chairmanship of the late Habel Kifoto, things were not all that bad, but that was to last for a short time as the institution was infested by advocates, office of the registrar and the Attorney General’s office. This had a great opportunity of money made in collections but they took advantage of members’ ignorance and lack of knowledge by introducing divide and rule tactics and segregation of members with those to be given and not to be given royalties which gave them a loophole to manipulate and oppress them. Kifoto will be remembered for his foresight and many musicians praise and honour him as he was always there to assist members. 
His death was indeed a big blow to artists as things started to take a nosedive in 2011 when the clique came on board and took over the chairmanship. Members  complain that the last time they got royalty of  Sh10,000 was before Makupa Annual General meeting but  since then,  over six years ago, the collective management organisation has not been distributing royalties to its members, confining it into insolvency for failing in its mandate guaranteed by its members and contravening regulatory organ the  Kenya Copyright Board law under section 46 article 4 (d) to collect and distribute the royalties, to which its liable and subjected to deregistration under article 9 (b).
It is difficult for one to understand how MSCK operates since it is a long time since members started complaining over the manner in which they are being mistreated by the institution, lack of royalties and misappropriation of funds, a scenario where Kenya Copyright Board  should address. There are accusations of lack of knowledge on the plight of the artistes, lack of interpretation of the copyright law on their part which is seen as one of the major problems facing musicians. If you cite the copyright law section 5 on the functions of board,  (g) a word “ancillary” depending on how is used and understood, can make a difference in meaning with different angles of understanding. If used as noun or adjective it has different meanings. Therefore depending on how the word is used, then it can be difficult for the institution to be insolvent or wound up, as the impression is that MSCK is a subsidiary of the Kenya Copyright Board. The other main problem of the artistes lies within the attorney general’s office, under Githu Mungai, whose office Kenya Copyright Board falls under and Bernice Gachegu in the registrar’s office. That is the reason why complaints have always fallen on deaf ears, it is said.
What might be the problem with artists? When and how will the members, extricate themselves out of this mess of mental captivity and exploitation.
The answer is very simple and clear, lack of power of the pen.
Many musicians wonder whether the Sh3,000 given as allowance during the AGM is considered as allowance or royalty. A source said that members of the society were ignorant of their rights as many of their works were being played out through electronic media like skiza tunes, ringstones. Other monies generated are through general distribution also known as Triple P, being money collected from public performing places which members should be given without any discrimination that amounts to millions of shillings, a source said.
 Therights members of the society that they need to enjoy include  patent rights, mutilation rights, distortion rights and mechanical rights
“If justice is done, I can guarantee you that the musician’s eighth generation can live on their sweat. A song is like a 100-storey building which no one should be allowed to tamper with. It is either you say enough is enough and demand for your rights, or continue to live in poverty throughout your remaining life in the world,” a member said.
The source asked members to change their attitude in the manner in which they would want the society ran before it is turned into another Mboi-Kamiti.
 “It’s time for members to change their attitude of thinking and doing things. If not so, there are very hard times for the members ahead. Changing the directors should not change anything much as the board is weak, vulnerable and easy to manipulate. The concluded elections were a mockery of justice, propagated by the office  under CEO Maurice Okoth and the outgoing chairman Mike Maganzo, in conjunction with the company secretary Martha Maina,” claimed a member. 
Maina was heckled and booed when she rose up to read the outcome of the elections, She was accused of misleading the society with poor legal advice and having an incompetent record in reference.
 “The big question is: is she taking MSCK the way of Kihiu Muiri Society and the defunct Mboi-Kamiti which ended up in disarray, killings, disappearance of persons among other awful atrocities and which resulted to deregistration of the society?” posed another member.
She was accused of posing a threat to the existence MCSK as she was known for going by the wave of “where the money is”. 
The management team christened Maganzo people’s operatives are to be the only members who hold the society’s top secrets on how the society operates and thus are untouchable.
“All what went on that day was victory to the office, reason being that the whole management team are called Maganzo’s operatives,” members lamented. They accused Maganzo, Okoth and Jacklene Oduor of manipulating the elections.  Maganzo further went ahead and filed a petition challenging Nairobi elections. However, members believe that the court petition will be struck off.
“MCSK made sure that its magic scoring card was well set and applied from the beginning as it all started from candidates’ nominations. During the process of opening the nomination box, one candidate stopped the opening until and unless all contentious issues of election irregularities were addressed   for free and fair elections but he was condemned for allegedly bringing in politics resulting into having the society secretary to unanimously be forced to open the box.
Sources said it was at that time the crookedness of officals became apparent as the axe of disqualification fell on Henry Njenga, (Mwalimu),   Albert Gacheru (Wamaitu), Makali, Jared, CDM Kiratu, Saitoti,  Lincon,  SK Nderitu, Man Igwe,  Maneno and Lady B.
Since these names were on the ballot paper, a court injunction was hurriedly sought to restrict the elections from taking place among other issues. The petition was however struck off and elections were done with a lot of irregularities in favour of those who were elected who had adopted a divide and rule tactics.
For Maganzo to get his third term in office, a plan was hatched to change the constitution and come up with what they termed as a new era called Mwamko Mpya.   But the writing is on the wall for the officials after Nairobi Moi Avenue musicians dubbed Mayoyo and their counterparts on River Road known as Wahenga have ganged up and are quietly scheming on how to oust the current officials from office.
Besides that, there is a case in court filed by a member, accusing the society of various irregularities by the management which is causing Okoth sleepless nights. He is accused of not involving an independent body to oversee the elections which allegedly led to rigging, no certified list of members in every region, articles, proposals presented were not ratified and a fake adoption of a memorandum making it an illegal document.
Other issues of interest demanded by the members are that all members to be issued with membership certificates and cards, elections to be held at an annual general meeting with regions abolished, to amend the constitution and not merely changing it and to incorporate the amendments into the articles.
The members accused Nairobi director, Christopher David Kiratu popularly known as CDM, whom they accused of taking sides and behaving as if he had come from heaven. Maganzo had to swallow his pride after he lost the Central region which he was sure of clinching.
The gameplan was that the threat was in Nairobi region, with the contestants of  Wamaitu and Mwalimu wa Jane, the favourite in Nairobi region was Mwalimu and Wamaitu as both had shown interest of chairmanship post. Gacheru reportedly knew of the irregularities in filing the petition but then later withdrew when he saw his victory coming. The fear was that with Mwalimu and Wamaitu, the election of the chairman would have been difficult, therefore the case in court had to be delayed.
It was unthinkable for an election of a chairman to go on without the representation of Nairobi region which holds a 40pc of artistes. His own Rift Valley  and Eastern have issues with the elections. 

Dead man who is ‘signing’ land transfers posthumously

Tension is slowly  brewing up at the former East African Tanners Extraction Company Farm-Navilus block  christened, Soy ward in Uasin Gishu county after former officials of the land purchased it under the auspices of Ishieywe Self Help Group and reportedly resold members’  parcels to new occupants  and  went ahead to issue title deeds to the new buyers.
Moreover, reports indicate that a whole block with 70 titles deeds was transferred under the names of former Ishieywe Help Group officials and the title used as collateral to acquire a loan worthy Sh1.75million from Equity Bank in Kisumu branch even though the said block is currently under occupation.
Another parcel, block 35, also under occupation, registered under the names of the former chairman Clement Odhiambo and former secretary Francis Tabu, according to sources, is also in the process of being used to acquire fraudulently to access compensation from Kentraco Company, meant for individual land owners,  after high voltage power line went through their farms falling under the block.
The Odhiambo group, we discovered is currently transacting land issues under the banner of Ishieywe Holdings rather than the initial entity-Ishieywe Self Help Group,  in a bid to circumvent justice.
Of great interest, however, is the fact that a former official who died five years ago, still ‘signs’ transfer of parcels posthumously. Records indicate that Hannington Oriedo who until his death was a trustee in the organisation died in 2008. However, he still features on the green cards as having been part of the recent land transfer.
His wife Naomi Oriedo confided to Weekly Citizen that the signature purporting to be her late husband’s, a former lecturer at Moi University, as appended on various green cards is bogus. She showed documents indicating that Oriedo died in 2008 and other records showing that he ‘authorised’ the issuance of titles as late as last year.
 Moreover, another former official, former secretary Francis Tabu who is paralysed after suffering a stroke since 2006 is also indicated as having signed the transfer of the said parcels. However, those privy to his health condition say that he is ‘totally incapacitated’ and on a wheelchair and cannot hold a pen let alone sign any document.
Following the revelations, Ishieywe members have petitioned the Kenya Land Commission and the Uasin Gishu Criminal Investigation officials currently investigating the matter to expedite and conclude the process and take legal action against all those involved. 
Led by the newly-elected chairman Simon Peru, vice-chairman Johnston Lugalia, organising secretary Jonah Lumadede and secretary Sammy Wamalwa, they said the faster the matter is resolved, the better for the occupants.
Beru said members had suffered enough and called on the cabinet secretary in charge of land and settlement and other relevant bodies to take up the matter and give the residents peace of mind and justice.
According to the new team that was elected to office less than two weeks at the farm, presided over by Timina from the DSDO office, among the public plots said to have been grabbed include a plot set aside for a primary school, a nursery school, a market place and a play ground. 
 Uasin Gishu land commission recently visited the troubled land and was informed that title deeds were in the hands of different persons other than those occupying the plots.
During the visit close to two months ago, commission chairman Shadrack Tulon accompanied by secretary Ibrabim Ali promised to carry out independent investigations in a bid to recommend the revocation of the titles of the public utilities once they established sufficient grounds to do so.
Tulon said from their observations, they had established that the land had also a criminal element and called on the affected parties to individually or jointly pursue with the courts and the relevant authorities to resolve the matter.
Members claimed that officers who were to assist them had been largely compromised to circumvent justice.
They said their problems were caused by corrupt government officials at Uasin Gishu lands office under the principal land registrar Dorothy Leting and members of the former provincial administration from Eldoret West subcounty.
 Uasin Gishu county officials led by CEC lands Robert Ng’eserei, Soy MCA Samuel Chirchir also went on a factfinding mission at the farm.
The scam revolves around massive grabbing of public utilities and double allocation of private land to dubious acquisition of title deeds.

I want to be senator not MP, says Kajembe

Former Changamwe MP Ramadhan Kajembe says his ambition is to become a senate representative for Mombasa county and not a member of parliament.
The former assistant minister made the clarification last week following speculations that he planned to make a comeback as an MP for Changamwe constituency. He thanked Changamwe voters for wanting him back and serve them as MP.
He however told his supporters in Changamwe not to worry since if he succeeds in becoming senator they stood to benefit from his enlarged leadership mandate. He said as a veteran politician it was important to expand his political territory in the county.
“I was a civic leader in Mombasa for 15 years, I have been an MP for Changamwe for 15 years. I now want to serve the people of Mombasa as a senator for one term and then i retire from politics,” he said
Kajembe ran  for the same seat in the last general elections on an ODM ticket but victory eluded him. His supporters believe he was rigged out by people who did not want an experienced politician near them for fear of being eclipsed politically. Hassan Omar was handed the victory instead.
And there is an ongoing realignment for 2017 in which Omar is to be dumped in favour of Mvita MP Abdulswamad Nassir.  Observers however say, Nassir may have miscalculated his political steps.
Unlike in Mvita where he enjoys a family name, in the other constituencies, the going may be tough. Even in his Mvita backyard a big percentage of the population are a Wajomvu, who belong to Kajembe’s clan. Apart from this, Nassir would not fare well in places like Jomvu, Likoni and Changamwe constituencies which are perceived strongholds of Kajembe.
Kajembe’s other political strength is that he is a darling of Mombasa’s upcountry voters whom he has assisted over the years. However, it is not clear how he intends to deal with the monster of rigging elections which his supporters blame for his loss in the last polls.

Kwale women rep seat generates heat

Kwale women representative seat is attracting more interest from leaders some of who have already hit the ground to assess their popularity among voters.
The seat is held by Zainab Chidzuga of ODM. She is accused by Cord supporters of betrayal after she joined forces with a section of Coast MPs to advance Jubilee interests. Kwale county is an opposition zone.
Consequently, Cord officials and supporters in Kwale county are reportedly hunting for Chidzuga’s replacement. Among those being mentioned include nominated senator Agnes Zani whom Cord leader Raila Odinga initially pushed to become ODM’s secretary general during last year’s chaotic Kasarani party polls. The party has since appointed acting officials.
Apart from Zani, the name of a former nominated councillor Fatuma Masito is featuring prominently. She is a well known political figure in the county and observers say if she succeeds in landing the Cord ticket, she is capable of giving her competitors a run for their money. She is a grassroots mobiliser and her ability to mingle with the common person is added advantage.
For Zani, even though well connected at the party national level, her support within the county cannot be ascertained. Another of her disadvantage is that her younger brother Nicholas Zani has declared interest for the county governorship. This development is bound to work against both of them if they insist in contesting for seats in the same county.
Sources say negotiations are ongoing among the siblings geared towards convincing Agnes to shift her political base to neighbouring Mombasa county. In the last general elections, her name featured as a potential Mombasa governor running mate to a top candidate.
The other big name featuring in the list of would-be Kwale women rep seat aspirants is that of immediate former Kenya ambassador to Pakistan Mishi Mwatsahu. Even though she has not declared her interest in politics, friends and a section of family members are reportedly pushing her to enter the 2017 race.
If she contests, observers say she will be a force to reckon with as she is a known mobiliser. She is a former director of social services at the defunct Mombasa municipal council. She was also a former county clerk at the former Kwale county council.
Analysts say she has a vast network in the county which she can activate to campaign for her. But it is further said that her political calculations would also be determined by the political direction her elder brother Chirau Mwakwere takes to avoid spoiling for each other. Mwakwere is  currently Kenyan High Commissioner to Dar es salaam,  Tanzania.

MP wants Vihiga deputy governor out of office

                                                                              

Vihiga MP Yusuf Chanzu has asked the Vihiga county assembly to instigate the removal from office of deputy governor Caleb Amaswache over alleged misconduct while on a trip to Singapore.
The MP dismissed Governor Moses Akaranga’s assertion that the removal of his deputy will lead to constitutional crisis and criticised Akaranga for failing to prevail on his deputy to step aside as he is being investigated.
Chanzu who has declared that he will challenge Akaranga for the governorship, explained that Article 181 used to remove a governor can still be applied on the deputy. Public money was spent during the Singapore trip that failed to yield fruits and the assembly should instigate the removal of Amaswache, he said.
The trip cost the county Sh2.3 million and the assembly has asked the board to surcharge the suspended clerk Josephat Musambayi who planned the Singapore trip. Musambayi and Amaswache were accused of gross misconduct by the assembly.
The two officials are currently facing a probe over their conduct by an ad hoc committee of the assembly chaired by North Maragoli ward MCA Andrew Ahuga.
The vice chair to the committee Nathan Kamidi was told to step aside until the committee clears its investigations. He said when the clerk was being investigated, he was asked to step aside. The deputy governor should also step aside because he accompanied the clerk to Singapore.
Already, Musambayi has been suspended indefinitely until a forensic audit into the assembly’s account clears him of any wrongdoing. This comes in the wake of public protest against Amaswache’s continued stay in the office of the deputy governor.
Signatures are being collected as a section of the public petitioned the assembly to impeach him. However, Governor Akaranga reportedly asked the public to stop collecting the signatures and promised to prevail upon his deputy to change his conduct when in public.
He argued that sacking Amaswache would lead to a constitutional crisis because the law does not explain the process of sacking a deputy governor.
During the Singapore trip last month, Amaswache was deported to the country by Singaporean authorities for failure to produce travel documents and a letter showing that he had been invited to attend a conference on affordable housing.
 Amaswache has, however, denied being drunk and disorderly at Langi International Airport.
Musambayi will now face the probe over corruption allegations that have left the assembly loosing up to Sh300.5 million. The assembly adopted a report by an ad hoc committee that presented Musambayi’s corruption allegations to a forensic audit by other investigative arms of government.
 The bodies include the Ethics and Anti-Corruption Commission, Public Procurement Oversight Authority, Senate and the Kenya National Commission on Human Rights.
 “He will only get his job back if the bodies clear him of any wrong doing,” says a report by the ad hoc committee.
Musambayi is also fighting to clear his name over accusations of irregular procurement, misappropriation of funds, insubordination and violation of the constitution.
Although the assembly suspended the clerk pending further investigations, a group of members of county assembly led by Abdallah Chogo said they will push the county assembly service board into writing him a sacking letter.
The board has also been asked to freeze all his personal accounts and pay him half his monthly salary for the period he will be on suspension.
 The assembly found that the imprest and car loan and mortgage accounts have grave irregular withdrawals done by the embattled clerk who added up as the accounts administrator.
The deputy governor is on record doubting whether all the people who were to travel with him travelled despite banking hefty per diems. “They should also bring their passports as proof that they travelled,” Amaswache is quoted in the report.
 Kamidi, a nominated MCA argued that the suspended clerk could not carry the ‘stealing’ cross alone and called for more heads to roll.

Who is the winner after Uhuru Bomet visit?

Uhuru Kenyatta and his William Ruto’s tour of Bomet the home of Governor Isaac Ruto was purposely aimed at swaying and tilting  the residents against the governor.
Prior to the visit, the region was turned against William Ruto by the governor who was seen grouping Gideon Moi, Kuresoi South MP Zakayo Cheruiyot, Narok senator Stephen Ntutu and Emurua Dikkir MP Johanna Ngeno.
Few days after the formation of Jubilee government, discontent started with Guv Ruto and Cheruiyot accusing the DP of being selfish, claiming to have been forgotten in the sharing of the top public offices in the republic.
The two consistently expressed dissatisfaction of the appointment to various public offices since after claiming that South Rift was not given enough slots and that TNA was shortchanging the URP while the DP kept quiet.
At early stages, the region residents thought the issue was minor to be solved but political rift was seen widening while both divides ready to outdo each other.
Taking advantage, Gideon toured the Kipsigis community South Rift seeking to win the Kipsigis community against DP Ruto in his preparations for 2017.
Gideon with Isaac tried to first portray the DP badly in the sight of Uhuru hoping Uhuru would ditch him for another bride.
Gideon Moi, Isaac and Stephen Ntutu held a meeting at Mara Safari Lodge.
They then went to Olenguruone in Kuresoi South where all except Ntuntu were recorded saying that the DP was tired to lead the community and there was an urgent need to replace him.
DP Ruto while speaking in Nandi county was on record saying that Gideon, Isaac, Nick Salat and former Cherangany MP who is currently Uhuru’s political adviser Joshua Kuttuny were praying to have the ICC cases turn against him for political gain but declared that ill-minded people will never lead the community.
Moments after that, nine nominated URP nominated MCAs were called for a series of disciplinary meetings at party’s headquarters where governor knowing that a plan was cooking against him offered a lawyer to accompany them.
The party expelled the MCAs from the party in a letter signed by the party’s general secretary Fred Muteti.
The same day after the MCAs were expelled, Governor Ruto’s administration suffered a blow when finance executive David Cheruiyot was impeached by 14 out of 15 MCAs who remained in the chamber over incompetence and violation of public finance Act 2012.
Few days later, Uhuru and     Ruto toured the region where they flayed governor Ruto.
“I want to tell some leaders here that politics has changed from the old style of fighting. Do not expect Ruto and I to fight, I am comfortable with Ruto and together, we will take far this country,” Uhuru said.
Uhuru asked the thousands of the residents who were present whether they were tired with DP Ruto as it was seen in the newspapers and when the crowd expressed confidence with the DP, he said let those who write propaganda can continue as they will wrap meat with newspapers.
Uhuru targeted Isaac who in the recent past was seen to have staged a vicious fight against Ruto.
Uhuru clearing his deputy’s named, dismissed the allegations that he was leading the Mau evictions saying that he was the one behind the eviction of a few who had invaded the forest beyond the cutline in order to preserve the water sources.
Later on, the duo issued a 40-acres title deed of the contested Bomet University land within Bomet town against Isaac’s wish to have it in Sigor in Chepalungu.
After the meeting, the discussions in the region were that DP Ruto was still strong and that he was still the community’s kingpin for several years to come.
The president and his deputy were accompanied by over 50 members of national assembly from across the country who pledged support to Jap which governor Ruto had vowed not to join.
The five Bomet MPs who have been accused by Governor Ruto to be used by the DP to sabotage his governance rose and questioned the crowd whether they were behind DP and to the  governor’s shock, they applauded DP Ruto several times.
To the public, governor Ruto was demeaned by the tour but on his side, he insists that he is still strong and will not change his stand against the DP.
“We thought they came for special prayers and help the Africa Gospel Church build its regional offices but they turned it into a political meeting to campaign for Jap. I never talked of politics because I respect the church so much otherwise, I am still ready to tackle them properly,” he said during a press in Bomet town conference a day after.

State House reaches out to Lusaka opponent

The rivalry between Bungoma county governor and New Ford Kenya acting party leader, Ken Lusaka on one hand  and Wycliffe Wangamati on the other, is fast attracting recognition with the highest office in the country drawing attention.
A source at State House said Wangamati who is a candidate for Bungoma county gubernatorial seat was recently discussed at the House on the Hill.
The source said that State House had planned to award the young Wangamati a slot in the government to silence him in a move that is said to have aborted.
A secret call by Uhuru Kenyatta’s legal aide Kibe Mungai to Wangamati is said to have persuaded him to apply for a ministerial position that was recently awarded that favoured mainly the Western region.
The source divulged that Wangamati turned down the offer owing to his political ambition in Bungoma county.
Reached for comment, Wangamati declined to comment on the matter.
“I am not aware but incase that offer is floated I cannot take,” said Wangamati whochairman of Bonito companies.
However, his political strategist and former Masinde Muliro University don Dr Ngome confirmed that a one time Uhuru’s ally Tony Gachoka has been making endless calls to him.
Gachoka is said to have asked Dr Ngome to lure his boss to apply for the principal chief post in the water and irrigation docket created by Uhuru that was last advertised.
He divulged that Gachoka promised to influence the appointment for the position.
Wangamati’s candidature is said to have caused shockwaves to many with his unwavering spirit to claim the seat.
State House is now said to be working round the clock to salvage Lusaka from Wangamati who has in the recent past been making forays in the county in a bid to unseat the incumbent.
After his declaration for the seat, Lusaka approached the father of the young Wangamati who is the nominated MP, to talk to the son after raising political temperatures high in the county, a move that attracted a backlash with pundits terming it as political goof.
Wangamati recently took on Lusaka’s lieutenants telling them to take it easy and stop panicking.
“Don’t panic since we are here to offer ourselves to the public and whoever will be deemed fit to lead will be chosen by the voters,’’ said Wangamati during a fundraiser in Webuye.
Wangamati said that he has enough money to run a campaign and that finance should not worry anybody.
“You can ask Lusaka my friend whom I assisted with some money with when his campaign was running dry last elections. I have enough to run a campaign,’’ said Wangamati. It is whispered he gave Lusaka Sh10 million to facilitate his final campaign lap.

Njuri Ncheke not happy with Kaimenyi

Education cabinet secretary Jacob Kaimenyi is a cursed man. The Njuri Ncheke council of elders in Meru held a meeting at the Nchiru shrine to place a curse on the CS.
The bone of contention is Kaimenyi’s failure to honour summonses of the elders through their secretary general Josphat Murangiri. Sources say Kaimenyi had ignored their calls to appear before them and instead recognised former Njuri Ncheke leaders at a rally in Meru attended by William Ruto.
The elders now claim that Kaimenyi undermined their leadership and even after they sent four emissaries to serve him with the summonses to appear at the Nchiru shrine, he declined.
It was after he ignored the summonses that they held a traditional cursing ceremony chanting “he is an outcast and should not transact any Njuri Ncheke business”.
According to traditions, now that he is an outcast, he cannot not attend any Njuri Ncheke function and should never identify himself as an elder of Njuri Ncheke. He should never greet any Njuri Ncheke elder and should never set foot at any Njuri Ncheke shrine until he is cleansed.
During the cursing ceremony, the elders also imposed a fine known as “mirongo ithatu” on the CS. They said if he fails to pay the cleansing fine, he remains “Ncheege” (porcupine). They have also urged Uhuru Kenyatta not to use the CS as a mediator or messenger between them and himself because they will not accept that.
The wrangles between different factions of the Njuri Ncheke Council of Elders played out at a function graced by Ruto. Although members of both factions, one led by Phares Rutere and the other by Linus Kathera were present at the thanksgiving ceremony for Women Rep Florence Kajuju, Kaimenyi only recognised Rutere’s group in his speech.
In his speech, he heaped praise on the Ruteere group for ‘a sterling job for the Ameru community.  Rutere, the longserving secretary general of the council of elders was instrumental in installing senate majority leader Kithure Kindiki as an elder, and the spokesman of the larger Meru community.
The Meru Professionals Association headed by Erastus Njoka, Francis Muthaura and former surveyors boss Mwenda Makathino are some of key supporters of Ruteere faction.