Dear Harold,
I have been married for 20 years and have four children (three sons
and a daughter). During our marriage, I got into a romantic relationship
with a married man who fathered my last born son, who is nine years
old. My predicament is that my husband knows that the child is not his
and has threatened, on several occasions, to leave him out of his
inheritance. However, he treats the child just like the other three he
biologically fathered. Does my child have legal rights over the property
of my husband? Would I have any legal options should my husband make
good his threats and leaves the name of my last born son out of his
Will?
Kimberly, Nakuru
Dear Kimberly,
Yes, the child has legal rights to inherit property of his father
(your husband). Family law presumes that he is the father as he
acknowledged parental responsibility by catering for his basic needs –
paying fees, offering food, medication and shelter – for nine
consecutive years. Legally, a man acquires parental responsibility over a
child who is not biologically his by living under one roof with the
mother for 12 months and providing basics of life over the period.
Moreover, your husband never divorced you even when your secret
relationship amounted to adultery which is a major ground for divorce.
As per your second concern, you have legal options should your husband
makes good his incessant threats and leaves your son out of his will.
You can move to court and contest the will arguing that the father left
out a child who was also his dependant out of his estate. The court
would issue orders that the child be included in the estate as a legal
heir and even direct the exact portion of his share. Moreover, it would
also not be a crime should the biological father of the child also gives
the child a portion of his investment as a gift.
Kenya's Most Authoritative Political Newspaper
Friday, 31 October 2014
PASTOR DENIES SACRIFICING KIDS FOR RICHES
Pastor Charles Muchangi, the Nairobi preacher whose alleged ex-wife
Jane Wambui sensationally claimed he “sacrificed” three boys aged
between five and 10 years to expand his church, has instead blamed her
for his misfortunes.
“I have suffered a lot at the hand of that woman. One time, she stabbed me in the head with a knife. Not long ago, she stormed my house accompanied by a relative and attempted to “finish” me if I didn’t give her Sh80,000,” said the pastor.
“It’s so painful. Every time I think about Wambui, I weep. She has even visited the church to insult me and made some of my members to quit. Everything she says about me are lies. But I am ready to defend myself at the Milimani Children’s Court on October 30,” added Muchangi.
Muchangi admitted that although it was true that one of the children disappeared from a school within the church compound, he later discovered that he had been secretly taken away by the mother.
“I have never sacrificed any child. I just heard about the allegations at Buruburu Police Station where my ex-wife recorded a statement,” said Muchangi.
Jane Wambui, 40, who parted ways with Pastor Muchangi, 42, of God’s Greater Favour over alleged child neglect, claims her ex revealed to her that he was ready to sacrifice all his church members for a Sh10 million windfall from dark forces she could not name.
She also claims she busted him with a woman called Beth barely five days after their wedding, and that he refused to operate all the businesses she opened for him because “the Holy Spirit had told him not to work.”
“I opened a butchery and a shoe business for him, but he refused to work. He ‘ate’ all the money saying the Holy Spirit directed him not to work as I provided everything in the house through hawking at the city centre,” said Wambui.
Wambui further claimed that when she gave birth three years into their marriage, the pastor took off when he saw the hospital bill and only re-appeared a week later after her relatives had settled the bill.
“Shockingly, I found him again in our house sleeping with that same woman (Beth) I caught him with during our honeymoon. He didn’t think I would be discharged,” she claimed, adding, “Muchangi later moved to Thika with the woman with all our household belongings, leaving me alone to provide for our son in Dagoretti.”
But the church’s assistant, a pastor Njuki who said he has been with the church for three years, poured cold water on her claims, saying although he is aware that three children disappeared near the Church, no one has ever come out to blame Muchangi.
“I know Muchangi very well. If he sacrificed the children for material gain, he would be very rich now and driving a big car. But he is man of very modest means,” said Njuki.
“I have suffered a lot at the hand of that woman. One time, she stabbed me in the head with a knife. Not long ago, she stormed my house accompanied by a relative and attempted to “finish” me if I didn’t give her Sh80,000,” said the pastor.
“It’s so painful. Every time I think about Wambui, I weep. She has even visited the church to insult me and made some of my members to quit. Everything she says about me are lies. But I am ready to defend myself at the Milimani Children’s Court on October 30,” added Muchangi.
Muchangi admitted that although it was true that one of the children disappeared from a school within the church compound, he later discovered that he had been secretly taken away by the mother.
“I have never sacrificed any child. I just heard about the allegations at Buruburu Police Station where my ex-wife recorded a statement,” said Muchangi.
Jane Wambui, 40, who parted ways with Pastor Muchangi, 42, of God’s Greater Favour over alleged child neglect, claims her ex revealed to her that he was ready to sacrifice all his church members for a Sh10 million windfall from dark forces she could not name.
She also claims she busted him with a woman called Beth barely five days after their wedding, and that he refused to operate all the businesses she opened for him because “the Holy Spirit had told him not to work.”
“I opened a butchery and a shoe business for him, but he refused to work. He ‘ate’ all the money saying the Holy Spirit directed him not to work as I provided everything in the house through hawking at the city centre,” said Wambui.
Wambui further claimed that when she gave birth three years into their marriage, the pastor took off when he saw the hospital bill and only re-appeared a week later after her relatives had settled the bill.
“Shockingly, I found him again in our house sleeping with that same woman (Beth) I caught him with during our honeymoon. He didn’t think I would be discharged,” she claimed, adding, “Muchangi later moved to Thika with the woman with all our household belongings, leaving me alone to provide for our son in Dagoretti.”
But the church’s assistant, a pastor Njuki who said he has been with the church for three years, poured cold water on her claims, saying although he is aware that three children disappeared near the Church, no one has ever come out to blame Muchangi.
“I know Muchangi very well. If he sacrificed the children for material gain, he would be very rich now and driving a big car. But he is man of very modest means,” said Njuki.
SALESMAN ACUSSED OF RAPING MENTALLY ILL WOMAN
A man has denied raping a mentally ill woman in a toilet.
Morris Waweru, 26, allegedly raped Eunice Njeri in Embakasi on October 4 after locking her in a toilet.
The court heard that the accused threatened to kill Njeri if she revealed what had happened. Njeri reported that she was at home alone around 10pm when the suspect accosted her as she went to a nearby toilet.
The prosecution said the accused knocked on the toilet door several times, but when she came out, Waweru allegedly grabbed her by the throat and pushed her back in.
In her statement, Njeri said, “Immediately I stepped out, Waweru who happens to be our neighbour, pushed me back telling me to remove my underwear. Before I knew it, I was on the ground as he unzipped his trousers and raped me, after which he warned that he would rape and kill me I told anyone.”
It is only after she was taken to hospital due to rashes that had developed in her private parts that Njeri disclosed what had happened to her.
Waweru denied the charge and was set free on a Sh100,000 bond. His trial begins on February 3, 2015.
Morris Waweru, 26, allegedly raped Eunice Njeri in Embakasi on October 4 after locking her in a toilet.
The court heard that the accused threatened to kill Njeri if she revealed what had happened. Njeri reported that she was at home alone around 10pm when the suspect accosted her as she went to a nearby toilet.
The prosecution said the accused knocked on the toilet door several times, but when she came out, Waweru allegedly grabbed her by the throat and pushed her back in.
In her statement, Njeri said, “Immediately I stepped out, Waweru who happens to be our neighbour, pushed me back telling me to remove my underwear. Before I knew it, I was on the ground as he unzipped his trousers and raped me, after which he warned that he would rape and kill me I told anyone.”
It is only after she was taken to hospital due to rashes that had developed in her private parts that Njeri disclosed what had happened to her.
Waweru denied the charge and was set free on a Sh100,000 bond. His trial begins on February 3, 2015.
PLOT TO CASTRATE RAPISTS IN TAITA TAVETA COUNTY
State prosecutor Dama Karani has termed sexual exploitation of minors in Taita Taveta as shocking.
“We receive at least 10 cases of defilement per week, while many others go unreported,” said Karani. The prosecutor cited a recent case in which a man pleaded guilty for defiling seven primary school boys in Mwatate and was jailed for 15 years.
“We are challenging parents to immediately report such cases to law enforcement officers,” said the state officer.
Addressing parents, pupils and leaders at Ghazi trading centre in Voi, Karani also warned parents who fail to take their children to school that they will be arrested and prosecuted.
“We are coming for you if you fail to take your children to school. We will charge you according to the Children’s Act,” the prosecutor warned.
Criticising parents for failing in their parental duties, Voi MP Jones Mlolwa said four secondary school girls from David Kayanda Secondary School dropped out of school in third term because of pregnancy.
He also noted that 11 pregnant girls from Mshimba Secondary School had also dropped out in the same period.
“We need to protect young girls from sexual exploitation. County administration, civil society and the media should join hands in the war against sexual exploitation of minors,” said the MP.
Earlier in the week, Taita-Taveta Women Rep Joyce Wanjala Lay caused a storm when she revealed that women MPs are pushing for a review of the Sexual Offenses and Children’s Act to make it more punitive to offenders of sexual abuse.
“We want to propose deterrent sentences against those sexually exploiting minors and castration is one of the measures we think will help deter rampant child abuse cases,” she said.
They spoke following revelations by an NGO that 3,000 primary and secondary school students have dropped out of school in Taita-Taveta.
Action Aid officials Juma Nzao and Rosemary Migiro, who conducted a study on dropout rates and absenteeism, attributed it to poverty, early marriages, pregnancy, child labour and prostitution.
They also blamed defilement, sodomy, breakdown in marriages, child neglect; gender-based violence, lack of school fee and imposed levies by school management committees. Police and education officials have launched a major crackdown on parents who have neglected their children.
“We receive at least 10 cases of defilement per week, while many others go unreported,” said Karani. The prosecutor cited a recent case in which a man pleaded guilty for defiling seven primary school boys in Mwatate and was jailed for 15 years.
“We are challenging parents to immediately report such cases to law enforcement officers,” said the state officer.
Addressing parents, pupils and leaders at Ghazi trading centre in Voi, Karani also warned parents who fail to take their children to school that they will be arrested and prosecuted.
“We are coming for you if you fail to take your children to school. We will charge you according to the Children’s Act,” the prosecutor warned.
Criticising parents for failing in their parental duties, Voi MP Jones Mlolwa said four secondary school girls from David Kayanda Secondary School dropped out of school in third term because of pregnancy.
He also noted that 11 pregnant girls from Mshimba Secondary School had also dropped out in the same period.
“We need to protect young girls from sexual exploitation. County administration, civil society and the media should join hands in the war against sexual exploitation of minors,” said the MP.
Earlier in the week, Taita-Taveta Women Rep Joyce Wanjala Lay caused a storm when she revealed that women MPs are pushing for a review of the Sexual Offenses and Children’s Act to make it more punitive to offenders of sexual abuse.
“We want to propose deterrent sentences against those sexually exploiting minors and castration is one of the measures we think will help deter rampant child abuse cases,” she said.
They spoke following revelations by an NGO that 3,000 primary and secondary school students have dropped out of school in Taita-Taveta.
Action Aid officials Juma Nzao and Rosemary Migiro, who conducted a study on dropout rates and absenteeism, attributed it to poverty, early marriages, pregnancy, child labour and prostitution.
They also blamed defilement, sodomy, breakdown in marriages, child neglect; gender-based violence, lack of school fee and imposed levies by school management committees. Police and education officials have launched a major crackdown on parents who have neglected their children.
DID MCA DRINK PESTICIDE IN ATTEMPTED SUICIDE?
Kibiwott Munge hit the headlines after his election as Perkera-Lembus Ward representative at just 19 last year.
The young man attracted even the attention of Uhuru Kenyatta and Deputy President William Ruto during a Jubilee campaign rally in Eldama Ravine when they invited him to address the crowd, a privilege that was denied other aspirants.
And now he’s in the news again for allegedly attempting to commit suicide following a disagreement with his girlfriend.
The MCA who entered the political scene months after receiving his Kenya Certificate Secondary Education (KCSE) results was discovered last week by a woman, lying unconscious outside his rented house at Police Line estate in Kabarnet.
Munge, who is also the chairman of the Labour and Social Welfare Committee at the assembly, was rushed to the Kabarnet District Hospital on October 23 and later transferred to Evans Sunrise Hospital in Nakuru for specialised medical check-up.
Reports from both facilities reveal that Munge ingested a poisonous chemical used for controlling ticks. Baringo County Health Minister, Dr Gideon Toromo, confirmed that the young MCA was admitted and received treatment in hospital, but refused to divulge more information.
Until death do us apart.“We cannot discuss the cause of hospitalisation as these are not matters to be addressed in the media,” Toromo told the Press.
At Evans Sunrise Hospital where Munge was transferred last Friday, visitors were kept at bay with only close family members allowed access to his hospital room where he stayed for close to four days with a ‘no-visitors’ notice on the door of his private ward room.
Colleagues at the County Assembly- who refused to be named-revealed that Munge had been going through a hard time after a break up.
A message on his Facebook wall read: “Jebichii, you know why I did this. I told you we are going to die together.” The post was immediately pulled down.
The said Jebichii, The Nairobian established, is said to be a first-year student at the University of Eldoret currently is courting someone else after dumping the MCA three months ago.
Vionah Jebichii, 20, admitted to have been in a relationship with the MCA.
“It’s true I was in a long-distance relationship with Munge, but three months ago, I decided to end it through a phone call while I was in campus after I realised our relationship was going nowhere,” said Jebichii.
She says after soul searching and advise from relatives and friends, she opted to quit in order to concentrate on her studies.
The young man attracted even the attention of Uhuru Kenyatta and Deputy President William Ruto during a Jubilee campaign rally in Eldama Ravine when they invited him to address the crowd, a privilege that was denied other aspirants.
And now he’s in the news again for allegedly attempting to commit suicide following a disagreement with his girlfriend.
The MCA who entered the political scene months after receiving his Kenya Certificate Secondary Education (KCSE) results was discovered last week by a woman, lying unconscious outside his rented house at Police Line estate in Kabarnet.
Munge, who is also the chairman of the Labour and Social Welfare Committee at the assembly, was rushed to the Kabarnet District Hospital on October 23 and later transferred to Evans Sunrise Hospital in Nakuru for specialised medical check-up.
Reports from both facilities reveal that Munge ingested a poisonous chemical used for controlling ticks. Baringo County Health Minister, Dr Gideon Toromo, confirmed that the young MCA was admitted and received treatment in hospital, but refused to divulge more information.
Until death do us apart.“We cannot discuss the cause of hospitalisation as these are not matters to be addressed in the media,” Toromo told the Press.
At Evans Sunrise Hospital where Munge was transferred last Friday, visitors were kept at bay with only close family members allowed access to his hospital room where he stayed for close to four days with a ‘no-visitors’ notice on the door of his private ward room.
Colleagues at the County Assembly- who refused to be named-revealed that Munge had been going through a hard time after a break up.
A message on his Facebook wall read: “Jebichii, you know why I did this. I told you we are going to die together.” The post was immediately pulled down.
The said Jebichii, The Nairobian established, is said to be a first-year student at the University of Eldoret currently is courting someone else after dumping the MCA three months ago.
Vionah Jebichii, 20, admitted to have been in a relationship with the MCA.
“It’s true I was in a long-distance relationship with Munge, but three months ago, I decided to end it through a phone call while I was in campus after I realised our relationship was going nowhere,” said Jebichii.
She says after soul searching and advise from relatives and friends, she opted to quit in order to concentrate on her studies.
SISTER GABRIELA SAYS SHE NEVER HAD HUSBAND AND TWO KIDS
A Catholic sister who claims to be a hermit is suing a man for
spreading rumours that she abandoned a husband and two children who now
live in grinding poverty.
In a plaint filed by Ombito & Company Advocates of Mumias, Sister Gabriela Delarosa is seeking a permanent injunction to restrain John Peterson Dennis, who is believed to operate between Harambee market in Mumias and Nairobi, to desist from propagating lies without basis or justification.
She also wants him to desist from engaging in limitless rumour mongering and portraying the plaintiff and the entire sisterhood as ‘philanderers and profligate’.
Gabriela, through her legal cousel, states that the utterances have been made at ‘different places to different audiences inclusive but not limited to Holy Family basilica, chapels and places of worship with attendant listeners from far and wide.’In a letter addressed to the CID Director, Gabriela states that the allegations are complete lies and she has never been married in her lifetime.
The letter reads in part, “I overheard people saying that I once killed somebody. My enemies even claim that I conned people of money to buy a vehicle in a garage.”
The Nairobian contacted the Catholic Church through Reverend Father Jude of the Holy Family Minor Basilica in Nairobi, who said the church was not aware of any hermit in Nairobi.
Father Jude states that it would be impossible for the Catholic Church to leave one of its out in the cold to fight alone.
“There are so many gaps in her story. We do not know or have someone called John Peterson Dennis. Anybody working on behalf of the Catholic Church within the diocese of Nairobi, we would at least have him in our records because that is our procedure. There is nobody who operates in the name of the church without registering with the diocese,” Fr Jude told The Nairobian.
Fr Jude further questions why a hermit would opt to go to court or to the police first before even reporting the matter to church. “I have been here long enough but I have never heard of any hermit out there living alone. Hermitic life is a religious life that in a very specific way relates with the Arch Diocese so, she should tell us more. Who else knows about her and her mission in Kenya?” posed Jude.
A top official at the Association of Sisterhoods of Kenya who spoke to The Nairobian also said there is no way a Catholic nun would be out there living all alone without a congregation attached to her.
“The diocese should know and the CID should give us a report on the same. We have had such cases before but every case is unique. How are we to treat her if she doesn’t belong to any congregation of sisters? She lives as a hermit alone. There are no indications that can give any leads we can follow. Yes, the church has hermits, but do you think with their secretive life one would be available for a journalist? Such details are kept with the diocese,” she said.
Sister Gabriela, who hails from Bungoma, says she joined Sisters of Trinity in France as an aspirant and postulant in 1998. Under the order, each local community of Trinitarians serves the people of its area. Their ministry includes hospitality, care for the sick and poor, churches, education, as well as evangelisation.
“I pray for the sick, disadvantaged and sometimes counsel those who have lost hope in life. Unfortunately, the sisterhood order of Trinity does not have a convent in Kenya, she said.
“I lead a life of a hermit, those who travel and work in the desert and I am not attached to a particular parish but serve in the community I visit or live in,” says Sister Gabriela who claims her sisterhood order is yet to be understood by many Kenyans.
In a plaint filed by Ombito & Company Advocates of Mumias, Sister Gabriela Delarosa is seeking a permanent injunction to restrain John Peterson Dennis, who is believed to operate between Harambee market in Mumias and Nairobi, to desist from propagating lies without basis or justification.
She also wants him to desist from engaging in limitless rumour mongering and portraying the plaintiff and the entire sisterhood as ‘philanderers and profligate’.
Gabriela, through her legal cousel, states that the utterances have been made at ‘different places to different audiences inclusive but not limited to Holy Family basilica, chapels and places of worship with attendant listeners from far and wide.’In a letter addressed to the CID Director, Gabriela states that the allegations are complete lies and she has never been married in her lifetime.
The letter reads in part, “I overheard people saying that I once killed somebody. My enemies even claim that I conned people of money to buy a vehicle in a garage.”
The Nairobian contacted the Catholic Church through Reverend Father Jude of the Holy Family Minor Basilica in Nairobi, who said the church was not aware of any hermit in Nairobi.
Father Jude states that it would be impossible for the Catholic Church to leave one of its out in the cold to fight alone.
“There are so many gaps in her story. We do not know or have someone called John Peterson Dennis. Anybody working on behalf of the Catholic Church within the diocese of Nairobi, we would at least have him in our records because that is our procedure. There is nobody who operates in the name of the church without registering with the diocese,” Fr Jude told The Nairobian.
Fr Jude further questions why a hermit would opt to go to court or to the police first before even reporting the matter to church. “I have been here long enough but I have never heard of any hermit out there living alone. Hermitic life is a religious life that in a very specific way relates with the Arch Diocese so, she should tell us more. Who else knows about her and her mission in Kenya?” posed Jude.
A top official at the Association of Sisterhoods of Kenya who spoke to The Nairobian also said there is no way a Catholic nun would be out there living all alone without a congregation attached to her.
“The diocese should know and the CID should give us a report on the same. We have had such cases before but every case is unique. How are we to treat her if she doesn’t belong to any congregation of sisters? She lives as a hermit alone. There are no indications that can give any leads we can follow. Yes, the church has hermits, but do you think with their secretive life one would be available for a journalist? Such details are kept with the diocese,” she said.
Sister Gabriela, who hails from Bungoma, says she joined Sisters of Trinity in France as an aspirant and postulant in 1998. Under the order, each local community of Trinitarians serves the people of its area. Their ministry includes hospitality, care for the sick and poor, churches, education, as well as evangelisation.
“I pray for the sick, disadvantaged and sometimes counsel those who have lost hope in life. Unfortunately, the sisterhood order of Trinity does not have a convent in Kenya, she said.
“I lead a life of a hermit, those who travel and work in the desert and I am not attached to a particular parish but serve in the community I visit or live in,” says Sister Gabriela who claims her sisterhood order is yet to be understood by many Kenyans.
POLICE OFFICERS WANTS IPPOA DISBANDED
The Independent Police Oversight Authority (IPOA) is under fire.
This follows the drafting of the Police Oversight Authority (Repeal) Bill, 2014 seeking to repeal the body that supervises police officers.
The initiators of the Bill, who happen to be police officers, want IPOA placed under the Johnstone Kavuludi-led National Police Service Commission (NPSC), claiming the State-sponsored watchdog is discriminative in its functions.
Instead of IPOA, they are seeking the establishment of new oversight body to be known as the National Police Oversight Board.
Officers have been faulting IPOA for allegedly conducting biased investigations that tarnish their image.The officers are particularly angered by the move to charge Constable Titus Musili who was accused by IPOA of extrajudicial killings.
Musili, fondly referred to as Katitu, was accused of shooting dead crime suspects Kenneth Kimani and Oscar Muchoki in Githurai 45. Musili’s arrest and subsequent prosecution sparked three-day violent protests by residents who demanded his unconditional release.
“Parliament shall ensure the commission is adequately funded for it to effectively and efficiently ensure the Board performs all its function,” reads section 10 (2) of the amendment Bill.
In the draft Bill, NPSC shall recruit and vet the 10 members of the Board headed by a director.
The Bill states that: The NPSC chairperson shall regularly give direction on the minutes, meetings and operations of the board.
The key objectives of the board shall be to monitor the professionalism, effectiveness and efficiency of the police and report to the commission (NPSC); hold the police accountable to the commission, parliament and the public.
The board shall also promote fundamental rights and freedoms contemplated in the Constitution, and ensure police uphold good ethical standards. The Bill says that NPSC shall delegate necessary power to the board.
IPOA was established in 2011 and is chaired by Macharia Njeru, who is assisted by seven members.
This follows the drafting of the Police Oversight Authority (Repeal) Bill, 2014 seeking to repeal the body that supervises police officers.
The initiators of the Bill, who happen to be police officers, want IPOA placed under the Johnstone Kavuludi-led National Police Service Commission (NPSC), claiming the State-sponsored watchdog is discriminative in its functions.
Instead of IPOA, they are seeking the establishment of new oversight body to be known as the National Police Oversight Board.
Officers have been faulting IPOA for allegedly conducting biased investigations that tarnish their image.The officers are particularly angered by the move to charge Constable Titus Musili who was accused by IPOA of extrajudicial killings.
Musili, fondly referred to as Katitu, was accused of shooting dead crime suspects Kenneth Kimani and Oscar Muchoki in Githurai 45. Musili’s arrest and subsequent prosecution sparked three-day violent protests by residents who demanded his unconditional release.
“Parliament shall ensure the commission is adequately funded for it to effectively and efficiently ensure the Board performs all its function,” reads section 10 (2) of the amendment Bill.
In the draft Bill, NPSC shall recruit and vet the 10 members of the Board headed by a director.
The Bill states that: The NPSC chairperson shall regularly give direction on the minutes, meetings and operations of the board.
The key objectives of the board shall be to monitor the professionalism, effectiveness and efficiency of the police and report to the commission (NPSC); hold the police accountable to the commission, parliament and the public.
The board shall also promote fundamental rights and freedoms contemplated in the Constitution, and ensure police uphold good ethical standards. The Bill says that NPSC shall delegate necessary power to the board.
IPOA was established in 2011 and is chaired by Macharia Njeru, who is assisted by seven members.
Thursday, 30 October 2014
ODM MCAs ROUGH UP MAGERER
Rowdy
youth ejected ODM Executive Director Magerer Langat from Orange House during a
parliamentary group meeting Thursday.
The
youth, some said to be MCAs, stormed the meeting venue where Cord was receiving
referendum updates from the Committee of Experts and pulled Magerer out of his
seat.
Said
to be about 100 in number, they accused Langat of being a Jubilee mole in the
party.
They
roughed him up and deflated his Toyota Prado car tyres as Cord leader Raila
Odinga and Wiper leader Kalonzo Musyoka watched from a distance.
Magerer
took off to save his skin as the lynch mob continued to rough him up. He was
saved by police officers in a car that was passing by.
ODM
Secretary General Anyang' Nyong'o condemned the attack on the leader and said
the party will investigate the matter.
More
than twenty MPs from both Cord and Jubilee have condemned the attack on Magerer
during a press conference at Parliament building. The MPs called for increased
security for the besieged ODM leader.
MPS PLOTS TO REDUCE COUNTIES FROM 47 TO 14
MPs have hatched a plot to reduce the number of counties from the
current 47 to 11. They also plan to drastically cut the number of
Senators and county assembly members, a proposal that has drawn
immediate opposition from governors and senators.
Mwingi North MP Joe Mutambo is the brain behind the new Bill which, if passed, will amend sections of the law so as to merge some counties which he describes as “not viable.”
“The governors are spending more than 60 percent of their income on recurrent expenditure yet some of the people they are hiring are not required in those areas. This is wastage of the highest order and we must stop it unless we do not want development as a country,” said Mutambo yesterday.
Each of the 47 governors have cabinets of at least eight ministers with various chief officers in addition to Members of the County Assemblies, Senators and Women Representatives which, according to Mutambo, is too expensive for the country.
Minority leader Jakoyo Midiwo has also called for the scrapping of devolved governments because, according to him, they have become too expensive to run.
“This country cannot afford 47 governments plus the national one. This country cannot afford over 400 Members of Parliament. This country cannot afford the numerous MCAs (Members of the County Assemblies),” he said yesterday.
But governors William Kabogo of Kiambu, David Nkeidianye of Kajiado, Sospeter Ojaamong (Busia) and several senators including Naisula lessuda (nominated), have opposed the proposed reduction of counties. “I do not agree with him. The present system has to be tested first. It is too early to conclude,” said Nkaidianye.
According to Mutambo’s proposed Bill, the plan is to amend relevant sections of the law to make the former eight provinces the new devolved units instead of the current 47 former districts.
“I propose to split the three biggest provinces of Rift Valley, Eastern and North Eastern into two counties each because of the huge population and land mass. If we do that we will then have governors responsible for those areas and their cabinets will then have real work to do,” said Mutambo. But Ojaamong dismissed Mutambo’s Bill.
“He must be day dreaming. Setting up devolved systems takes time. Let him give us time to make devolution a reality,” said Ojaamong.
The powers of the counties are provided in Articles 191 and 192, and in the Fourth Schedule of the Constitution of Kenya and the County Governments Act of 2012.
The counties are also single member constituencies for the election of members of parliament to the senate and special women members of parliament to the the National Assembly.
If Mutambo’s Bill is passed, the number elected senators and women Representatives will also be reduced from the current 94 to 28.
The Constitution creates 47 county governments based on the delineation of administrative districts as created under the Provinces and Districts Act of 1992.
According to Chapter 16 of the constitution, any proposed amendment to “objects, principles and structure of devolved government” must go through a referendum.
A proposal to amend or reduce the number of MCA’s, Counties and Senators is an amendment to the structure of devolved governments so it will require a referendum.
Under Article 256, a Bill for this purpose can be tabled in either house of parliament- Senate or National Assembly but must obtain support of the other. The Bill must obtain two thirds support from both houses. The Bill cannot be read a second time before 90 days lapse. The period is meant to allow time for public debate.
Once passed, both speakers are required to submit it to the president who would request the electoral commission to conduct a referendum within 90 days.
“Mutambo has probably not read the constitution properly. How do you change representation? Let him put his energies of serving the people of Mwingi North,” said Kabogo yesterday.
Mwingi North MP Joe Mutambo is the brain behind the new Bill which, if passed, will amend sections of the law so as to merge some counties which he describes as “not viable.”
“The governors are spending more than 60 percent of their income on recurrent expenditure yet some of the people they are hiring are not required in those areas. This is wastage of the highest order and we must stop it unless we do not want development as a country,” said Mutambo yesterday.
Each of the 47 governors have cabinets of at least eight ministers with various chief officers in addition to Members of the County Assemblies, Senators and Women Representatives which, according to Mutambo, is too expensive for the country.
Minority leader Jakoyo Midiwo has also called for the scrapping of devolved governments because, according to him, they have become too expensive to run.
“This country cannot afford 47 governments plus the national one. This country cannot afford over 400 Members of Parliament. This country cannot afford the numerous MCAs (Members of the County Assemblies),” he said yesterday.
But governors William Kabogo of Kiambu, David Nkeidianye of Kajiado, Sospeter Ojaamong (Busia) and several senators including Naisula lessuda (nominated), have opposed the proposed reduction of counties. “I do not agree with him. The present system has to be tested first. It is too early to conclude,” said Nkaidianye.
According to Mutambo’s proposed Bill, the plan is to amend relevant sections of the law to make the former eight provinces the new devolved units instead of the current 47 former districts.
“I propose to split the three biggest provinces of Rift Valley, Eastern and North Eastern into two counties each because of the huge population and land mass. If we do that we will then have governors responsible for those areas and their cabinets will then have real work to do,” said Mutambo. But Ojaamong dismissed Mutambo’s Bill.
“He must be day dreaming. Setting up devolved systems takes time. Let him give us time to make devolution a reality,” said Ojaamong.
The powers of the counties are provided in Articles 191 and 192, and in the Fourth Schedule of the Constitution of Kenya and the County Governments Act of 2012.
The counties are also single member constituencies for the election of members of parliament to the senate and special women members of parliament to the the National Assembly.
If Mutambo’s Bill is passed, the number elected senators and women Representatives will also be reduced from the current 94 to 28.
The Constitution creates 47 county governments based on the delineation of administrative districts as created under the Provinces and Districts Act of 1992.
According to Chapter 16 of the constitution, any proposed amendment to “objects, principles and structure of devolved government” must go through a referendum.
A proposal to amend or reduce the number of MCA’s, Counties and Senators is an amendment to the structure of devolved governments so it will require a referendum.
Under Article 256, a Bill for this purpose can be tabled in either house of parliament- Senate or National Assembly but must obtain support of the other. The Bill must obtain two thirds support from both houses. The Bill cannot be read a second time before 90 days lapse. The period is meant to allow time for public debate.
Once passed, both speakers are required to submit it to the president who would request the electoral commission to conduct a referendum within 90 days.
“Mutambo has probably not read the constitution properly. How do you change representation? Let him put his energies of serving the people of Mwingi North,” said Kabogo yesterday.
NAIROBI
Senator Mike Sonko’s estranged wife Josephine Thuku has rejected DNA
test results presented in court and asked that another test be done.
The tests undertaken by government analyst George Ogunda on September 30 indicate that Sonko is the biological father of her first child but not of her second.
The tests indicate that the two children are biologically related. Thuku had claimed Sonko is the biological father of the two children.
The senator had said he is the father of the first-born but denied paternity of the second child. Yesterday, Thuku rejected the DNA tests results, saying Sonko picked the children up from school and went to a private house with the unidentified doctor where only one child was examined. Thuku’s lawyer Leonard Shimaka said another DNA test should be undertaken at PathCare Hospital in Mombasa for the best interests of the children. “The results will come direct to the court and not to either party in 21 days,” he said.
Thuku asked the court to compel Sonko to continue providing monthly shopping facilities for the two children at a cost of Sh15,000 at Nakumatt Ukunda. Sonko’s lawyer Lydia Kwamboka denied claims that the senator took the children to a hotel for DNA test. She said he took them to a hotel to make them comfortable.
Kwamboka said Sonko is ready to take another DNA test. Sonko has said that even if the DNA results prove he is not the biological father of the second child, he will continue to provide for the child. In the case, Thuku wants Sonko to pay Sh140,000 monthly maintenance for the two children. The hearing will be on December 17.
- See more at: http://www.the-star.co.ke/news/dna-test-shows-sonko-not-dad-one-child-ex-wife-wants-second-test#sthash.qMBvFu2n.dpuf
The tests undertaken by government analyst George Ogunda on September 30 indicate that Sonko is the biological father of her first child but not of her second.
The tests indicate that the two children are biologically related. Thuku had claimed Sonko is the biological father of the two children.
The senator had said he is the father of the first-born but denied paternity of the second child. Yesterday, Thuku rejected the DNA tests results, saying Sonko picked the children up from school and went to a private house with the unidentified doctor where only one child was examined. Thuku’s lawyer Leonard Shimaka said another DNA test should be undertaken at PathCare Hospital in Mombasa for the best interests of the children. “The results will come direct to the court and not to either party in 21 days,” he said.
Thuku asked the court to compel Sonko to continue providing monthly shopping facilities for the two children at a cost of Sh15,000 at Nakumatt Ukunda. Sonko’s lawyer Lydia Kwamboka denied claims that the senator took the children to a hotel for DNA test. She said he took them to a hotel to make them comfortable.
Kwamboka said Sonko is ready to take another DNA test. Sonko has said that even if the DNA results prove he is not the biological father of the second child, he will continue to provide for the child. In the case, Thuku wants Sonko to pay Sh140,000 monthly maintenance for the two children. The hearing will be on December 17.
- See more at: http://www.the-star.co.ke/news/dna-test-shows-sonko-not-dad-one-child-ex-wife-wants-second-test#sthash.qMBvFu2n.dpuf
Wednesday, 29 October 2014
CORD SENATORS FAIL TO GIVE EACC DOSSIER ON KAREN LAND
Cord leaders on Wednesday did not present the much-publicised
“dossier” on the Karen land scandal to the anti-corruption agency for
the second time in a week.
The Ethics and Anti-Corruption Commission (EACC) detectives were kept waiting for hours.
The
officers had hoped to receive documents with evidence incriminating
prominent personalities in the grabbing of the Sh8 billion-land, as
claimed by the Cord leaders.
Senators James Orengo,
Boni Khalwale and Johnson Muthama had booked an appointment at the
commission’s headquarters at Integrity Centre in Nairobi at 9am.
The commission’s spokesperson, Mr Yasin Aila, said the detectives waited for two hours.
“We did not receive any formal communication from them but we established from the media that they would not be coming.
“A
commission investigation is proceeding well and we were not relying on
them to jumpstart the inquiries. However, if they have information, it
will boost what we already have,” he said.
“Cord
leaders who were to appear at the EACC to shed more light on the
contested land in Karen are currently meeting members of the public and
leaders who have come up with more damning information.
“Those
volunteering information include MPs who declined offers of plots on
the same land. The leaders will, therefore, not appear at Integrity
Centre this morning. A new date will be communicated,” Cord leader Raila
Odinga’s spokesman, Mr Dennis Onyango, said in a statement.
MASSIVE SCANDAL
The saga revolves around the 134-acre piece of land in Karen, Nairobi, which Cord claims is public property.
It
started as an ownership legal suit pitting companies associated with
businessman Horatius da Gama Rose and former National Social Security
Fund Managing Trustee Jos Konzolo.
The Opposition
entered the fray after allegations emerged that it was a massive land
grabbing scandal in which at least 40 MPs from the Jubilee Coalition and
senior government officials were involved.
The Cord
leaders held a press conference and adversely mentioned Deputy President
William Ruto and Lands Cabinet Secretary Charity Ngilu.
They
also mentioned Nairobi Governor Evans Kidero, Senator Mike Sonko,
Inspector-General of Police David Kimaiyo and Director of Criminal
Investigations Ndegwa Muhoro.
They have all denied the allegations.
FREE SECONDARY EDUCATION BY 2015
Headteachers will resist a proposal by a presidential team that parents pay fees for their children in public day secondary schools.
The team has also recommended that parents pay less than what boarding and other schools are currently asking for.
In a report presented to President Uhuru Kenyatta at State House, Nairobi, on Wednesday, the group proposes that a student in a boarding school — whether national, county or sub-county — pay a maximum of Sh38,969 while day scholars will pay a maximum of Sh11,105 a year.
Under the current system, education is free in public day secondary schools.
Special needs schools will charge Sh22,830 annually. The fees is higher because students in such schools require additional resources to enhance their movement, sight, hearing and speech.
The report, prepared by a panel chaired by former Higher Education assistant minister Kilemi Mwiria, has also proposed that the government spends Sh31,374 on each student in public secondary schools annually.
The allocation will cover, among others, the cost of buying teaching and learning materials, boarding, meals, local travel, electricity, water, repairs and maintenance, activity fees and personal emoluments.
Kenya has 2,144,069 secondary school students, meaning that the government will be required to raise an additional Sh52 billion each year for the education budget.
DISCUSSED FURTHER
Secondary Schools Heads Association chairman John Awiti said the report needed to be discussed further before implementation in view of the current inflation rate and the economic situation in the country.
“The recommendations of the fee are a bit unrealistic,” he said. “Given the economic situation and also factoring in the rate of inflation, there is a need to talk further about the fees proposed.”
Parents with children in his school — St Mary’s Yala — will meet on Saturday to discuss a new fee structure.
Kenya Union of Post Primary Education Teachers chairman Omboko Milemba differed with the recommendations of the report and asked President Kenyatta to make day school completely free.
He said proposals such as introducing new taxes on items as airtime, fuel, among others, as suggested by the report amounted to overburdening the parents who are supposed to be relieved by the new measure.
“The better idea would be to tax the rich and educate the poor,” he said,
The Kenya Parents and Teachers Association welcomed the report.
“The recommendations of the report will offload the burden from parents,” said Mr Nathan Barasa, the head of the association.
However, Mr Musau Ndunda of National Association of Parents, said he was concerned about the implementation of the report.
“The recommendations though welcome have a huge financial implication on part of the government”, which is already struggling to disburse Free Secondary Education funds, Mr Ndunda said.
Dr Mwiria’s team has also recommended that teachers should put in more hours by taking up 27 lessons per week instead of the current 23.
If this happens, the report says, schools will save on the costs of employing board of management teachers.
President Kenyatta supported the report, but noted that to adopt it would involve “talks with the National Treasury and other stakeholders”.
Mr Lawrence Njagi of the Kenya Publishers Association also welcomed the proposal to increase allocation to students but said more needed to be done on audit “to ensure that the money was used for the intended purpose”.
UHURU NOMINATES NZOMO TSC CHAIR
President
Uhuru Kenyatta has nominated Dr Lydia Nzomo as the chairperson of the Teachers
Service Commission.
The
nomination might finally end the protracted controversy over the position.
Thrice,
the National Assembly has rejected Mr Kiragu wa Magochi, President Kenyatta’s
nominee for the position.
The
parliamentary committee on education in October last year rejected all the six
nominees presented to Parliament for appointment to the commission, including
Mr Magochi, a senior education official, and submitted a report to the assembly
which was endorsed.
He
was then an acting education secretary in the Ministry of Education.
Members
rejected Mr Magochi’s nomination with some arguing that he was unfairly picked
among his competitors. The committee recommended a fresh advertisement for all
the six positions, stating that the list failed to meet several requirements.
The
President has forwarded Dr Nzomo’s name to the National Assembly for consideration
and approval. Dr Nzomo has been the director of the Kenya Institute of
Curriculum Development.
Speaker
Justin Muturi informed Parliament of the President’s message and forwarded the
proposal to the House committee on Education, Research and Technology.
Mr
Muturi has asked the committee to report to the House by November 13. The law
requires the National Assembly to either approve or reject a nominee to the
position within 21 days. The committee will conduct hearings on the proposal
and then submit a report to the assembly for approval. The Speaker asked the
committee to notify the nominee and the public of the time and place of the
public hearings in good time.
Sunday, 26 October 2014
WIPER MCAs SAY NO TO KALONZO
Members
of the county assembly have dismissed as a “nullity” the removal of Majority
Leader Joshua Mwonga by the Wiper party’s National Executive Council.
The
council, chaired by party leader Kalonzo Musyoka, on Friday met and resolved to
have majority leaders of Machakos and Makueni counties stripped of their
positions for initiating impeachment Motions against Makueni Governor Kivutha
Kibwana and Machakos Deputy Governor Bernard Kiala.
Mr
Musyoka said the party leadership wanted to restore order by de-whipping the
two majority leaders.
He
further challenged those disrespecting the party to resign and seek fresh
mandate through other parties.
But
the move was opposed by members of the Machakos County Assembly.
They
said every citizen has a right to hold a divergent opinion without being
victimised.
In a statement, the MCAs said Mr Mwonga was being punished for supporting
Governor Alfred Mutua and not Senator Johnson Muthama.
“This
is a great mockery to democracy, rules of natural justice and principles of
fairness,” says the statement.
The
MCAs further said the move was “dictatorial” and reminded them of the dark days
of the Kanu rule.
They
called on the Independent Electoral and Boundaries Commission to ensure parties
do not become agents of impunity but vehicles of good governance.
The
MCAs said the majority leader was not nominated by the party’s NEC, but by
members of the county assembly.
They
said the party NEC cannot purport to remove Mr Mwonga without following the due
process.
The
MCAs said they had confidence in Mr Mwonga as the majority leader, and in
Governor Mutua.
They
urged the national leadership of the party to devolve decision-making to lower
levels.
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