AfriCOG in the news

NAIROBI, KENYA: Africa Centre for Open Governance ( Africog) filed a petition to challenge the presidential elections results and wanted the Supreme Court to invalidate the results as electoral malpractices had been committed.

The organisation stated the presidential results that were announced at various counties were different from those declared by the Independent Electoral and Boundaries Commission (IEBC) at the national tallying centre.

Through Kethi Kilonzo, Africog narrowed down to Nyeri and Bomet County tallying centres to prove that the results of the presidential elections were indeed altered.

Kethi played video clips of the announcements of the presidential results in the two counties, which she said was different from those finally announced by the Issack Hassan-led commission and reflected in Form 36.

She said for example that after the vote count, President-elect Uhuru Kenyatta garnered 317,881 votes from Nyeri County, which was announced by the county returning officer.

However at the Bomas of Kenya, the IEBC gave Uhuru 318,880 votes, which is an increment of 999 votes.

However, CORD presidential candidate Raila Odinga who scored 6,075 votes as announced at the county level had his votes reduced to 5,638 according to results announced by the IEBC.

According to Kethi, Raila was not the only one, James ole Kiyiapi , Martha Karua and Musalia Mudavadi lost votes and the only candidate who then benefited from the difference were the President-elect and Peter Kenneth.

Kilonzo also said in Othaya constituency, Uhuru garnered 42,431 votes, which were inflated at the Bomas of Kenya to 42,957.

She also poked holes in the IEBC register of voters insisting that it was inaccurate and not a reflection of the principal register published before the election.

According to her, Form 36 obtained from the electoral commission showed that the number of registered voters stood at 13,557,365.

She, however, maintained that the principal register published by the IEBC on February 18 had 14,352,533 registered voters.

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If you’re shopping for a good lawyer, look no further. The just-ended Supreme Court presidential election petitions hearing showcased some of the country’s star lawyers.

The hearing was a spectacle of lawyerly, and not so lawyerly, skills and characteristics.

It was a live show and a parade of adversarial talents that you’re unlikely to see anywhere else, in one short week and on national television.
But just what constitutes a good lawyer?

The quality that seemed to matter most is good communication skills. Those are the skills that won the day, charmed the judges and won the attention of the media.

Closely allied to those skills are courtroom presence and confidence. The courtroom is a kind of theatre. The lawyer needs to think on his feet and assert his dominance without looking arrogant.

The third quality that a lawyer needed to wow the judges is knowledge of the law, the rules of the game and the facts of the case.

A lawyer must have the ability to see through the issues and argue logically. He must keep track of all the arguments of the opposing side and demolish them while looking calm and relaxed.

The fourth most important quality is good judgment. This is the ability to assess a situation and say things that would ensure the best possible outcome for your client. This goes beyond a mere knowledge of the law.

There were many other qualities that were displayed inside and outside the courtroom, such as interpersonal skills, negotiating skills, fearlessness and good writing skills.

There were also many other qualities that were not on display, such as organisational and technological skills.

The choice of a lawyer, ultimately, depends on the job you want done. In the Supreme Court hearing it was not always easy to say conclusively from one exchange who the right lawyer for the job was. Sample this:

Donald Deya, counsel for Africog, began by saying it was his first time to address the court and “please allow me to say good afternoon” and “what a pleasure it is and a thrill as a Kenyan lawyer”. Then he offended a senior counsel by saying, apparently reading: “In contradiction to provisions of article 81, and this will come out as the case goes on, the process has been opaque, it’s been clumsy, it’s been inefficient, it’s been inaccurate, it has been unaccountable to such a level any results coming out of it is actually incredible.”

Aurelio Rebello, counsel for IEBC: “So this young man should not look up Roget’s Thesaurus, find a word like opaque and find every other word that means the same just to show off to this court that he knows a little English.”

Justice Ojwang’: “Mr Rebello, there is the question of decorum in the court.”

Mr Rebello: “I appreciate.”

Justice Ojwang’: “If you are unhappy or very angry don’t pour it out here in court. You must respect the counsel.”

Mr Rebello: “I apologise. But comments like that are deliberately intended to insult and I’m sorry if at this late hour I lose my sense of decorum.”

Which of the two lawyers would you choose?

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An important week in Kenya’s political history comes to an end Saturday with the expected judgment by the Supreme Court in petitions filed by Cord Coalition leader and Prime Minister, Raila Odinga, and the civil society-fronted Africa Centre for Open Governance, challenging the results in the March 4 elections in which Uhuru Kenyatta was declared the winner.

The Supreme Court, exercising special powers conferred by the Constitution, will decide whether Kenyatta was validly declared the winner of the elections.

As it would be risky to predict the nature of the judgment that the Supreme Court will give, it is only possible to address some of the issues that came up in court during the hearing of the petition.

Early in the week the court surprised everybody when it issued an order for the scrutiny of all copies of Form 34 and Form 36 used in the elections and also the results for 22 constituencies which, according to the petition by Mr Odinga, recorded a voter turnout in excess of 100 per cent.

The order by the court was issued without application by any of the parties and constitutes a proactive approach by the court towards resolving the issues raised in the petition.

The results of the re-tallying will contribute significantly to the assessment by the court as to the results of the petition.
A central issue in these petitions has been what constituted the register of voters for the 2013 elections.

According to Mr. Odinga, the register was closed on February 18 and only the people reflected as registered on that date were legally capable of participating in the election.

The IEBC has argued that although it represented a figure of registered voters on that day, this was not conclusive and did not include voters with special needs, such as persons with disabilities whose biometric features could not be captured during the main registration.

Lawyers for the petitioners have made much of the fact that the IEBC did not disclose the existence of this special category of voters.

There was also controversy as to the number of such people. The decision of the court will certainly hinge on what, in its view, is the correct register.

Against opposition by the petitioners, as to his participation, Attorney-General Githu Muigai argued his way into the proceedings, indicating that as Attorney-General, he could assist the court in dealing with the various complex legal issues that it had to decide on.

His most telling contribution, however, was a submission that the country cannot afford another election because of the significant disruptions it would bring to the country.

It appears that the Attorney-General used his position as a friend of the court to indicate the preference of the establishment that it is time to move on.

The court had to decide on the participation in the petitions by various interest groups that claimed that they could also assist it in arriving at a fair determination of the issues.

The Law Society of Kenya was turned down because one of its officials had sworn an affidavit in support of Mr Odinga’s petition.

Katiba Institute, an organisation founded by Professor Yash Ghai, was also turned down because it had associated itself with a civil society report that spelt out the implications for the country if Mr Kenyatta was elected president while facing charges before the ICC.

It can be concluded that the general rule arising from this decision is that the special relationship of amicus curiae (friend of the court) will not easily be given to advocacy groups since, by the nature of their work, these are in the business of taking positions on a wide range of governance issues.

If this is the case, the new found space under the new Constitution through which advocacy groups use litigation to support governance objectives will be curtailed. It is to be hoped that the Supreme Court, as the highest court of the land, will review its position on this.

The parties have spoken and it is now the turn of the court to speak. As widely predicted, the decision of the court will carry great significance for the future of the country, and the court itself.

The writer is the executive director of ICJ-Kenya. gkegoro@icj-kenya.org

Kenya: The Supreme Court has been told of how results from certain constituencies differed from those announced at the main tallying centre at Bomas of Kenya.

Africa Centre for Open Governance (Africog), who are parties to the case that is challenging the presidential elections results, urged the court to invalidate the results as electoral malpractices had been committed.

The organisation maintained that the presidential results that were announced at various counties were different from those declared by the Independent Electoral and Boundaries Commission (IEBC) at the national tallying centre.

In an eloquent presentation made by lawyer Kethi Kilonzo, Africog narrowed down to Nyeri and Bomet County tallying centres to prove that the results of the presidential elections were indeed altered.

Kethi played video clips of the announcements of the presidential results in the two counties, which she said was different from those finally announced by the Issack Hassan-led commission and reflected in Form 36.

She said for example that after the vote count, President-elect Uhuru Kenyatta garnered 317,881 votes from Nyeri County, which was announced by the county returning officer.

However at the Bomas of Kenya, the IEBC gave Uhuru 318,880 votes, which is an increment of 999 votes.

However, CORD presidential candidate Raila Odinga who scored 6,075 votes as announced at the county level had his votes reduced to 5,638 according to results announced by the IEBC.

“He (Raila) is not the only one, (James ole) Kiyiapi lost votes, (Martha) Karua lost votes, Musalia Mudavadi lost votes. Even the little that you have would be taken away from you. The only candidate who then benefited from this difference is the President-elect and Peter Kenneth,” maintained Ms Kilonzo in her submissions yesterday.

Kilonzo also said in Othaya constituency, Uhuru garnered 42,431 votes, which were inflated at the Bomas of Kenya to 42,957.

“My lord if you have 291 Constituencies and you give a candidate only a 100 votes more, the declaration of the President-elect would not look the way it is today,” she submitted.

She also poked holes in the IEBC register of voters insisting that it was inaccurate and not a reflection of the principal register published before the election.

Rejected votes

According to her, Form 36 obtained from the electoral commission showed that the number of registered voters stood at 13,557,365.

She, however, maintained that the principal register published by the IEBC on February 18 had 14,352,533 registered voters.

“My lords if one person outside that principal register was allowed to vote, they disenfranchised the Kenyan voters who came out to register as voters,” Kilonzo said.

She also faulted the electoral commission for having different registered voters for parliamentary and presidential elections in different parts of the country.

Giving the example of Makueni County, Kilonzo pointed out that the number of registered voters for presidential election stood at 64,525 while that of voters registered to elect MPs was 64,976.

She maintained that according to the Election Act, for one to take part in presidential election, one must be registered to vote in a parliamentary election. She said according to Article 86 of the Constitution, whatever voting method is used, it must be verifiable, simple, accurate, accountable and secure as enshrined in the law.

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The ongoing legal battle over presidential poll results has thrust into limelight lawyers who were least known to many Kenyans.

From this group, Kethi Kilonzo and Isaac Aluochier stand out.

Soft-spoken and articulate, Ms Kilonzo has captured the attention of viewers of the Supreme Court proceedings.

The daughter of former Education minister and Makueni Senator Mutula Kilonzo represents African Centre for Open Governance (Africog) in the landmark petition. The lobby and Prime Minister Raila Odinga are challenging the declaration of Mr Uhuru Kenyatta as President-elect.

Arguing her client’s case for the first time on Wednesday, Ms Kilonzo’s articulation and relaxed mien before judges of the highest court in the land and senior lawyers left many a viewer in awe.

“I dare say the only logical conclusion is to invalidate the results,” she told the judges. “What the Independent Electoral and Boundaries Commission did was a complete sham and fraud”.

That has been her style and substance — firing her evidence and concluding with a punch. Even before she had left the floor, her name had become a sensation on social media.

Ms Kilonzo has been a partner at Kilonzo & Company Advocates for 10 years. His father established the firm in 1975. Other partners are Mr Mutula Kilonzo Junior, her brother, and lawyer Johnson Shijenje. Mr Kilonzo Junior has high regard for his sister.

“My younger sister is disciplined, intelligent, hard-working, responsible, and an excellent partner at the law firm,” he told the Nation on Thursday.

And when we asked Senator Kilonzo what he thought of his daughter, he replied: “God’s gift.”

The Africog petition is Ms Kilonzo’s most significant matter, but she has also prosecuted other high profile cases.

She, for instance, represented retired President Daniel Moi when former Nyayo House detainee Otieno Mac’Onyango sued him for illegal detention. Although the court awarded Mr Mac’Onyango Sh20 million in damages, Ms Kilonzo succeeded in absolving the former Head of State of personal responsibility.

At the East African Court of Justice, she has represented victims of atrocities allegedly committed by Kenyan military in Mount Elgon. The atrocities were committed during the crackdown on Sabaot Land Defence Forces militia.

When Kenyan political parties disagreed over nominations to the East African Legislative Assembly and a suit was filed at the regional court, she was among advocates who were instructed.

Ms Kilonzo holds a Master of Laws degree from the University of Nairobi, and according to her firm’s website, she specialises in litigation, legal drafting, legal research, conveyancing and legal critiques.

On his part, Mr Aluochier, who is a voter in Migori County, caught the attention of many due to his eloquent and articulate submission before the six judges.

He was seeking to be enjoined in the case as an interested party but his bid was dismissed by judges, who argued that he did not give practical reasons.

None of the parties in the case was also ready to enjoin him.

Speaking to the Nation after his case was dismissed, Mr Aluochier said although he was not happy with the outcome, there was nothing he could do as the Supreme Court was the highest in the land.

“I am not happy because I was not allowed to participate in the proceedings,” he said. He claimed his case was dismissed without any reason.

He, however, vowed to continue seeking for justice for Kenyans. “Another opportunity will arise,” he said.

Before Thursday’s blow, Mr Aluochier has lost a bid to challenge the candidatures of the then front-runners in the top seat race.

He had argued that Mr Kenyatta, Coalition for Reforms and Democracy leader Raila Odinga, Eagle Alliance’s Peter Kenneth and Amani’s Musalia Mudavadi were not fit to vie for the presidency due to integrity issues facing them, and that the electoral body should not accept their nomination.

However, the application was dismissed with the court averring that presidential election was a process that would end after the election.

Despite the loss, he did not give up and had returned with the same application after the March 4 polls but was unable to raise Sh1.5 million required to file the petition.

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Das kenyanische Oberste Gericht hat am Montag, am ersten Tag der Anhörung von Einsprachen gegen die Ergebnisse der Präsidentenwahl vom 4. März, eine Stimmennachzählung in 22 der über 32 000 Wahllokale angeordnet. Ein so früher Entscheid war nur von wenigen erwartet worden; das Gericht hat bis Samstag Zeit, über die Gültigkeit der Wahl zu urteilen. Die Entscheidungsfreudigkeit des in einer neuen Verfassung geschaffenen Gremiums zeigt, dass die Obersten Richter ihre Verantwortung wahrnehmen und einer Reihe von Unregelmässigkeiten bei den Wahlen nachgehen wollen.
Aufgeblähtes Wählerregister

Die angeordnete Nachzählung sollte nach dem Erlass des Gerichts bis Mittwoch abgeschlossen werden. Sie könnte einen ersten Aufschluss darüber geben, ob Verdächtigungen zutreffen, nach denen die Präsidentenwahl manipuliert wurde.

Nach den offiziellen Ergebnissen der Independent Electoral and Boundaries Commission (IEBC), der Wahlleitung, hatte Uhuru Kenyatta vom Parteienbündnis Jubilee die Präsidentenwahl mit einem Stimmenanteil von 50,07 Prozent vor Raila Odinga von der Coalition for Reform and Democracy (Cord) gewonnen. Odinga kam auf 43,3 Prozent. Kenyatta übertraf das absolute Mehr, das einen entscheidenden zweiten Wahlgang hinfällig macht, nur sehr knapp um 8600 Stimmen.

Die Nachzählung betrifft Wahllokale, in denen laut den separaten Einsprachen Odingas und des Africa Centre for Open Governance (Africog), einer Speerspitze der kenyanischen Bürgerbewegung, die Zahl der abgegebenen Stimmen diejenige der registrierten Wähler übertraf. Dass die IEBC ein aufgeblähtes Wählerregister verwendet habe, ist der Hauptvorwurf der Interpellanten. Er wird durch unabhängige Beobachtungen erhärtet. So errechnete die französische Journalistin Marie Wolfrom aufgrund einer Analyse der Register in sämtlichen 290 Wahlkreisen, dass die IEBC nach der Schliessung der Wahlregister im Dezember die Wählerlisten in undurchsichtiger Weise abänderte. Dabei wurden insgesamt über 152 000 Wähler «gelöscht» und rund 165 000 addiert.

Der Vorsitzende der IEBC, Hassan, blieb bisher eine Erklärung für die Unregelmässigkeiten schuldig. Er lehnte Forderungen der Interpellanten nach einer Offenlegung des zugrunde gelegten Hauptregisters wiederholt mit der Begründung ab, es sei nach Wahllokalen aufgespalten worden und nicht rekonstruierbar.

James Gondi, einer der Autoren der Einsprache von Africog, hält die Behauptung für unglaubwürdig. Das Gesetz schreibe vor, dass die Wahlleitung ein Hauptregister erstellen und bei Bedarf offenlegen müsse, sagt der Jurist und Bürgerrechtler. Dieser Argumentation folgte am Montag auch das Oberste Gericht; es ordnete die Präsentation des Wählerregisters an.
Die Stimmung schlägt um

Die Stimmung in der kenyanischen Öffentlichkeit hat sich in den vergangenen zwei Wochen gründlich verändert. Am Wahltag vom 4. März und an den darauffolgenden Tagen, an denen zunächst die elektronische Zählung ausfiel und daraufhin die manuell addierten Ergebnisse zäh und tröpfchenweise bekanntgemacht wurden, hatte Erleichterung vorgeherrscht, dass der Urnengang friedlich verlaufen war. Das Trauma der politischen Gewalt nach den Wahlen von Ende 2007 mit 1100 Todesopfern schien überwunden. Die Medien berichteten fast nur darüber und über den baldigen Einzug Kenyattas ins State House. Aber bald häuften sich Meldungen über Unregelmässigkeiten. Sie hinterliessen den Eindruck, dass die IEBC die Wahlen entweder grobfahrlässig organisiert hat oder – schlimmer noch – dass Mitglieder der Wahlleitung einem Wahlbetrug Vorschub geleistet haben.
Biometrische Wählererfassung

Ein gewichtiger Vorwurf betrifft das Versagen der elektronischen Systeme. Nach den letzten Wahlen vor fünf Jahren hatte eine unabhängige Untersuchungskommission unter der Leitung von Johann Kriegler, einem südafrikanischen Richter und Wahlexperten, Reformen vorgeschlagen. Sie sollten sicherstellen, dass in Kenya künftig glaubwürdige Wahlen durchgeführt und Gewaltausbrüche verhindert werden. Nach den Empfehlungen des Kriegler-Berichts sollten moderne Technologien genutzt werden, mit denen Ergebnisse überprüft werden können. Die IEBC schaffte denn auch mit grossem Aufwand Systeme z. B. zur biometrischen Erkennung von Wählern und für die Übermittlung der Resultate in einem eigenen Kommunikationsnetz an.

Am Wahltag versagten die Verfahren jedoch und wurden bald eingestellt. Als erst 16 Prozent der Ergebnisse ausgezählt waren, verzichtete die IEBC schliesslich auch auf die computergestützte Addierung der Resultate und griff – laut Kritikern vorschnell – auf manuelle Verfahren zurück. Laut James Gondi öffnete es zusammen mit den aufgeblähten Wählerregistern Manipulationen wie dem «ballot stuffing» (heimliches Vollstopfen von Wahlurnen mit gefälschten Wahlzetteln) Tür und Tor. Derartiger Betrug war bei früheren Wahlen verbreitet gewesen. Überprüfbar wären die Ergebnisse noch immer, aber die IEBC weigerte sich auch, Odingas Anwälten und Africog die Formulare herauszurücken, in welche die Wahlleiter in den 32 000 Wahllokalen alle Einzelergebnisse eingetragen und eine Kopie davon im Lokal angeschlagen hatten. Nur ein anderer Typ Formular, der aggregierte Ergebnisse enthält, wurde zugänglich gemacht. Am Montag ordnete das Oberste Gericht auch die Offenlegung aller primären Formulare an.
Computer spielen verrückt

Einen Hinweis auf Unregelmässigkeiten bei der Wahl geben nach Ansicht von Beobachtern auch die offiziellen Beteiligungszahlen. Die IEBC weist für einzelne Wahlkreise eine Teilnahme von über 90 Prozent der registrierten Wähler aus. Der Kriegler-Bericht von 2008 bezeichnet Wahlbeteiligungen von über 85 Prozent als unglaubwürdig. Bevor die elektronische Stimmenauszählung am nationalen Sitz der IEBC abgestellt wurde, waren ausserdem merkwürdige Computerfehler aufgetreten. So wurde die Zahl der ungültigen Stimmen «irrtümlicherweise» mit dem Faktor acht multipliziert. Dies gab Verschwörungstheorien Aufwind, nach denen zur Tarnung von Manipulationen Algorithmen in die Zählverfahren eingebaut worden waren.

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Writer James Kimalel should have perused the new Constitution before penning his opinion piece titled “Foreign interests funding civil society to compromise Kenya’s sovereignty” (DN, March 19).

He would have swiftly abandoned his inaccurate speculation that Kenya’s sovereignty is under attack when cases are filed regarding the electoral process.

Article 1(1) of the Constitution says: “All sovereign power belongs to the people of Kenya and shall be exercised only in accordance with this Constitution.”

Sadly, he did not read the Constitution; nor did the Nation editors who published the piece without undertaking basic fact-checking.

To characterise the exercise of democratic rights whose aim is the protection and promotion of human rights as an attempt to “compromise Kenya’s sovereignty” is an outrageous attack, not just on the rights enshrined in the Constitution, but also on the Constitution itself. That this is being masked under the flag of nationalism and patriotism is deeply disturbing.

Are we no longer free to think, express and act on the basis of our own beliefs? Last time I checked, Chapter Four of the 2010 Constitution (Articles 19-59) enshrines the Bill of Rights where such rights as freedom of opinion, expression, the media, information, association, and even political rights are explicitly protected.

Moreover, under Article 86, there are clear requirements for the Independent Electoral and Boundaries Commission to fulfil. Any citizen has the right to come forward to make a case that the requirements provided for under Article 86 were neglected.

The courts must listen and independently determine whether this was the case. If the evidence does not stand up in court, the case will fail. If the evidence stands up, then the case will succeed. That is the rule of law. Since when has filing a case become an attack on Kenya’s sovereignty?

Under the Constitution, Kenyans are permitted to exercise their constitutional rights.

It is permitted by law to file a case where a party is seeking due process. Kenyans have rights. How they choose to exercise those rights, as well as whom they associate with in so doing, is their prerogative as long as they remain within the law.

To simplistically claim that the right to file a case and exercise constitutional rights by filing a law suit is “legal warfare” and an attack on Kenyan sovereignty because an organisation received donor support illustrates a shallow understanding of the judicial process.

The very filing of a case intended to observe, protect, fulfil and promote the Constitution cannot be an attack on Kenyan sovereignty.

The era of “big brother” was relegated to reality television through the sovereign exercise of the promulgation of a new Constitution on August 27, 2010.

Of course, there are those who did not believe, and still do not believe, that Kenya’s democratic Jurassic age came to an end and are assiduously trying to return us there.

If Mr Kimalel is anything to go by, it seems that a new, long freezing winter awaits Kenya’s democracy. From the archival toolbox of the repressive Moi-Kanu era seems to have been unearthed and re-engaged some old favourites of the thought-police juggernaut: lies, innuendo, propaganda and misrepresentation.

No longer are people supposed to question or think differently from their leadership; those who do will be ruthlessly tarred with the brush of being unpatriotic.
“Look,” the thought-police shout, “these are vassals and Trojan horses for Western imperialism.”

Is anything that is foreign-funded nowadays a threat to Kenya’s sovereignty? If this is the case, could someone explain why the government is still raising funds internationally for the Lamu Port South Sudan Ethiopia Transport (Lapsset) project? Or the fact that the Free Primary Education programme is still funded largely by foreigners?

Are we wrong to notice that any time there is famine in Kenya, our top government officials proceed from foreign capital to foreign capital, begging bowl in hand?

Mr Kiai is the Kenya programme manager at the Open Society Initiative for Eastern Africa (Osiea). The views expressed here are entirely his, not Osiea’s.

A civil society group joined the Coalition for Reform and Democracy in filing a separate petition at the Supreme Court to challenge the outcome of the March 4 presidential election.

However, the African Centre for Open Governance (Africog) said their petition is not to challenge the results or the declaration of Uhuru Kenyatta as president-elect but the process the Independent Electoral and Boundaries Commission (IEBC) used to tally the final results.

The organisation had filed a similar petition at the High Court a day after the IEBC resorted to manual tallying of presidential elections. But a three-judge bench of justices Isaac Lenaola, Weldon Korir and David Majanja dismissed the petition on grounds that the High Court lacked jurisdiction to determine issues concerning presidential elections and instead referred them to the Supreme Court.

Africog claims the electoral commission violated provisions of the Constitution which required them to conduct a transparent voter tallying process.

Through lawyer Harun Ndubi, the group argues that the failure of the poll body to transmit results electronically compromised the credibility of the result transmission process.

Manual system

Africog further alleges that IEBC contravened the Constitution by resorting to a manual system and ignoring the fact that voter turnout in many constituencies was recorded as being higher than that registered.

The civil group also argues that the commission failed in its duties by refusing to account for discrepancies in the rejected votes, and that the manual tallying process was shrouded in secrecy after party agents were thrown out.

The group is seeking a declaration that the IEBC violated the Constitution and electoral laws in reaching the final results.

Meanwhile, Chief Registrar of the Judiciary Gladys Shollei said elaborate plans have been made to ensure the petitions are heard and determined within the stipulated 14 days.

Ms Shollei said the six Supreme Court judges are likely to meet on Monday or Tuesday to go through the petitions and familiarise themselves with the issues raised.

“We have made plans for public participation. We will allow live coverage of proceedings and also have a big screen outside the courtroom. The judges are also prepared to make a determination within the stipulated time,” said Shollei.

She added it was unlikely the judges would give a long ruling, saying they would only give their decision on the final days and give the reasons at a later date.

She reiterated the rules and guidelines to be followed by the petitioners from the time they filed the petitions until the day of judgment, adding that the 14 days include weekends.

The petitioners deposited Sh1 million as security and an additional Sh550,000 for publicizing it and other costs. Ms Shollei has three days to publish the petitions in the newspapers; the petitioners have the same number of days to serve all the respondents.

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The Coalition for Reforms and Democracy (Cord) has said it is confident of overturning the election of Uhuru Kenyatta as president.

Cord’s lead lawyer George Oraro said the coalition has enough evidence to prove its case at the Supreme Court.

“We (Cord) have a strong case and are sure we are going to overturn IEBC (Independent Electoral and Boundaries Commission) move to declare Uhuru Kenyatta as President-elect,” Mr Oraro said Saturday.

He said the IEBC had not provided all the information Cord needed but it had “sufficient evidence” to mount a strong case.

Mr Oraro said Prime Minister Raila Odinga is the petitioner in the case.

He named the respondents as IEBC, commission chairman Isaack Hassan, Mr Kenyatta and deputy-president elect William Ruto.

Mr Oraro said Cord has assembled five lawyers to argue its case before the Supreme Court. He said Cord was dissatisfied with the way vote counting was done and that party agents did not sign Form 36.

After court officials verified Cord’s documents, the legal team was asked to deposit one million shillings as security and Sh550,000 for advertisement in local media.

Civil society group, AFRICOG, also filed a petition challenging the tallying process at the Bomas of Kenya.

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A bid to stop manual tallying of presidential results flopped after the High Court ruled that it has no jurisdiction to hear any petition touching on the top seat election.

Judges Isaac Lenaola, Weldon Korir and David Majanja on Friday dismissed an urgent application by African Centre for Open Governance (Africog), saying although the activists had raised serious issues, the High Court could not assume the jurisdiction bestowed upon the Supreme Court.

“Issues raised are not idle but should be pursued in the right forum. We have no reason to find we have jurisdiction to handle the matter since presidential election is not pegged on one single event but is a process,” ruled the judges.

Immediately after the ruling, the civil group through lawyer Harun Ndubi said it would take the court’s direction and file the petition at the Supreme Court.

In the petition, Africog had sought to stop the manual tallying of presidential poll results, claiming the electoral commission was violating provisions of the Constitution, which requires it to conduct a transparent vote tallying.

Mr Ndubi argued that the failure of the commission to transmit the results electronically had compromised the credibility of the process.

“IEBC is using a manual system to tally the votes contrary to the law and ignoring the fact that voter turnout in many constituencies is recorded as being higher than those registered,” he said.

The three judges first set out to determine whether they had jurisdiction over the dispute after the activists claimed High Court could determine the case.

Mr Ndubi argued that the court indeed had the jurisdiction to stop the tallying since their concern was not to challenge the outcome, but the need to follow the laid down procedure.

“This is not an election petition challenging the outcome of results but a request brought under Article 35 of the Constitution regarding the failure of the commission to tally and verify the votes at the centres,” he said.

The commission through lawyer Paul Nyamodi opposed the application, saying any issue touching on the presidential election is a preserve of the Supreme Court.

Mr Nyamodi argued that although the application was not a petition challenging the results outcome, it was misplaced since it questioned the process of presidential elections.

“Presidential election is not an event but a process that deals with all issues arising from nominations. The judges must down their tools and dismiss the application or refer it to the proper court,” he said.

The civil group argued in the application that the commission had failed in its duty by refusing to account for the discrepancy in rejected votes.

It sought a court order directing IEBC to start tallying presidential results afresh, and that it revives and use the electronic tallying system.

In the event that the commission would have announced the results, the activists wanted a restraining order stopping IEBC from gazetting the official results.

They claimed that the manual tallying had been shrouded in secrecy after party agents were thrown out and that unless the court intervened, the results would not be fair and transparent.

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A three judge bench has been appointed to hear and determine a petition filed by the Africa Centre for Open Governance (Africog) to stop the tallying of votes in Kenya’s elections.

The judges will hear the petition at the High Court in Nairobi, Africog’s executive director Gladwell Otieno told the Nation.

Justices Isaac Lenaola, David Majanja and Weldon Korir are scheduled to hear the petition in Nairobi.

“We are raising concerns about the validity of the entire (vote tallying) process,” she said in a telephone interview.

The failure of the electronic transmission process compromised the tallying and the same should be done afresh through verification of results using the primary forms from the polling stations, she added.

The petition has been filed against the Independent Electoral and Boundaries Commission (IEBC) and its chairman Isaack Hassan.

The judges have said they will first address the issue of jurisdiction and will issue a ruling on the matter at 3.30pm

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The Registrar of Political Parties should be sacked for failing to rein in political parties’ indiscipline and malpractices, a lobby group has said.

Kenyans for Peace with Truth & Justice (KPTJ) on Sunday said the Registrar, Ms Lucy Ndung’u, has displayed an unwillingness to enforce her mandate and powers conferred upon her office by the Political Parties Act to rein in rogue political actors.

“She has wilfully failed to exercise her mandate in reining in political parties, a dereliction and abdication of duty which should constitute grounds for her removal,” KPTJ’s Gladwell Otieno told a news conference at the Hilton.

Accompanied by other lobbyists, they said political parties fraudulently registered members of the public as their affiliates, with no action being taken against them by Ms Ndung’u.

Other parties also submitted lists to the electoral agency that included unsolicited nominations to members of the public who only learnt of the actions through the media.

“The institution charged with the regulation of political affairs has displayed a disturbing reluctance to enforce their respective mandates with regard to regulating political competition and ensuring adherence to electoral laws,” Ms Otieno said.

“Of particular concern is the continued disregard of parameters and principles set out in the Constitution and other relevant legislation through practices such as party hopping, the use of violence and intimidation as an electioneering tactic; lack of internal party democracy, including favouritism and nepotism in disregard of the Political Parties Act.”

She hinted that the civil society may sue the Registrar for her inaction.

“We are determined to use all means within the law, including moving to the courts, to protect the public interest in credible, free and fair elections.”

The activists further said the Independent Electoral and Boundaries Commission (IEBC) displayed, within the last week, a tendency to buckle under to political pressure by repeatedly shifting timelines relating to the submission of nomination lists at the whim of the stronger political parties.

Although the Elections Act requires that nominations be conducted 45 days to the elections, the IEBC extended the timeline for political parties to submit their party lists two days after the lapse of the set deadline.

“IEBC must remember that we are watching it closely and that it will be held accountable if it bungles the March 2013 elections. Commissioners should know that they will be held individually liable for any failure of the elections,” Ms Otieno added.

They asked the IEBC to reject aspirants who submitted their nomination papers after the deadline, and that it does not accept nomination certificates from defectors who changed parties after the deadline.

The lobby has also recommended deregistration of political parties which have engaged in violence and fraudulent practices during the recent nominations.

“We are concerned that many of the aspirants cleared by political parties do not meet the threshold of leadership and integrity as set out in Chapter Six of the Constitution.

They further pointed out that although the IEBC is required to regulate and monitor the process by which political parties nominate their candidates, the commission only monitored the process and did not regulate their candidates.

“It was left to the political parties to regulate themselves with disastrous consequences.

This brings about the concerns around the independence of the IEBC – which were already raised in connection with the intervention by the Executive in procurement of biometric voter registration equipment, they said.

The postponement in the procurement of the equipment triggered a series of delays as voter registration that also led to political parties conducting nominations without a voter register to guide them as the provisional register had not been gazetted.

The list is currently undergoing inspection and verification. Voter education is expected to commence immediately.

Link to the story
CSOs raise concerns about the Party nomination process and conduct of IEBC

The Registrar of Political Parties should be sacked for failing to rein in political parties’ indiscipline and malpractices

Corruption greatly impedes economic and social growth in Kenya and in other parts of the world.

Every year since the inception of the United Nations Convention in 2003, International Anti-Corruption day is observed on the 9th of December, with the aim of raising awareness on corruption.

AfriCOG, keen on addressing the structural causes of corruption in the public and private sectors in Kenya, celebrated International Anti Corruption day by reminding Kenyans of the negative effects of corruption and highlighting the importance of observing International Anti-Corruption day. AfriCOG provided citizens with information that they themselves can use to monitor governance processes and public ethics issues, in order to be able to effectively participate in the fight against corruption.
AfriCOG Marks International Anti-Corruption Day

Corruption greatly impedes economic and social growth in Kenya and in other parts of the world.

The founders of Kuhonga, proudly refer to it as their corporate baby, referring to the day they incorporated their fledging organization and started to working on “A crazy idea that just might work,” according to Nathan Wangusi a Kenyan expat and CEO of Kuhonga. “When I returned to Kenya for the first time in several years in I had to pay two bribes just to get out of the airport. I knew then and there that I needed to do something about petty corruption.”

Mr. Wangusi has since developed Kuhonga on a web-based platform Ushahidi that allows for real time reporting and mapping of corruption incidents via a number of channels, including Twitter, Facebook, email, mobile app and SMS. “When I looked at my Facebook feed I constantly saw people talking about corruption. I saw the potential for crowdsourcing and social media to make a difference.”

Although Kuhonga hasn’t yet released a final version of its platform, a test version is accepting reports. Users can visit www.kuhonga.com to submit a report. Reports can also be submitted via twitter by simply using the hashtag #kuhonga on any tweet. Ushahidi has also recently released a mobile app that can be downloaded either on the Android Market or Apple Store. Kuhonga’s deployment can be uploaded to this app.

Kuhonga has also partnered with the Africa Centre for Open Governance (AfriCOG) an existing nonprofit that works to improve governance and support anti-corruption efforts. “Kuhonga works by aggregating all of the ongoing conversations about social media and turning them into the type of data that a non-profit like us can actually use” said Charles Wanguhu a human rights practitioner at AfriCOG.

Kuhonga will also be partnering with several news outlets including such as Voice of America to boost its profile and to take advantage of news content that identifies incidents of corruptions.

“Once we perfect our technology platform we’re going to start working extra hard to get the word out so we can raise awareness of the platform and secure additional funding” said Rahma Mkuu one of the co-founders of Kuhonga and a master’s student in the public health program at Columbia University in New York. Ms. Mkuu, who is also a Kenyan expat, was inspired to help Kuhonga after she encountered corruption while attempting to provide toothbrushes to Kenyan children as part of an earlier non-profit effort.

Mr. Wangusi has been invited to attend and speak at the 15th Annual International Anti-Corruption Conference in Brazil this November. He will be speaking about the role of technology in tackling corruption.

Contact: Lewis Kirvan; programs@kuhonga.com

Kenya risks losing millions of dollars in taxpayers money to mismanagement over loopholes in a proposed public finance law, experts have warned.

A group of civil society organisations have proposed amendments to Kenya’s new Public Financial Management Act, saying it should allow public participation in the budget processes.

According to the group, a new body created by the Act – County Budget and Economic Forum (CBEF) – could be used as a smokescreen to push the government’s agenda.

Under Kenya’s new devolved system, matters relating to budgeting, the economy, and financial management will be done at the county level and not national level.

All counties will be expected to prepare their plans — County Fiscal Strategy Paper, and the Budget Review and Outlook Paper — every year.

The devolved system, expected to dictate the preparation of the next budget, is distinct in the way it distributes power among the various arms of government, and in the establishment of an elaborate system of checks and balances to curb abuse of power by senior public officials.

But the group, which includes the International Budget Partnership, the Institute of Economic Affairs, Africog, National Taxpayers Association, Kenya Land Alliance, Muslims for Human Rights and Clarion, now wants the government to outline plans for direct public participation, as provided for in the constitution.

They also called for vetting of CBEF members, term limits, and open and transparent meetings, while suggesting how the Forum should function based on Kenya’s experience with other participatory processes.

They demanded that the CBEF release budget information and hold meetings at different points during the budget cycle to explain plans and budgets as well as get feedback on budget implementation from the public.

“In our view, the principal role of the CBEF should be to convene public consultations, rather than to represent the public. This body should not become simply an extension of the Governor’s power, but should be used to facilitate genuine citizen participation,” read a statement issued by the group.

They also want regulations governing the CBEF to guarantee that the body is professional, representative, and non-partisan. As it is, an ordinary citizen cannot sit on the forum unless he or she is nominated by an organised interest group.

The civil society organisations want all those nominated to be part of the CBEF to be vetted by a committee of the county assembly, and the vetting made public, and all nominees declare their assets.

In addition, CBEF members should only serve for one, non-renewable term of no more than five years.

They also want to safeguards established to prevent consultative forums from being taken over by any political group.

Further, they proposed a list of principles of public participation which they said should apply to matters of public finance.

NAIROBI, Kenya, Jul 29 – Pressure mounted on Sunday for the Independent Electoral and Boundaries Commission (IEBC) to cancel the controversial Biometric Voter Registration (BVR) system tender. Narc Kenya Chairperson Martha Karua called for fresh tendering process so that Kenyans can follow it openly.

Karua who is also the Gichugu Member of Parliament said if the wrangles in the tendering process continue, they might compromise the integrity of the commission and the whole elections process.

“The only way to make every single Kenyan to follow is to put the whole process online, from evaluation, the technical issues which are coming up and the reasons why they have given the tender to company A and not Company B,” Karua said after attending a church service at ACK Church in Kahawa Sukari.

She added that there is need for IEBC to act as an independent body and avoid any external manipulation at all cost.

“We should be able to follow and see if there is any manipulation, because what is happening is that power brokers on both sides of the government are trying to manipulate the tender, for their benefit and not for the benefit of Kenyans,”Karua added.

The delay in the tendering process has been occasioned by a standoff at the IEBC, where vested interests in the lucrative deal sparked infighting.

This is after a former tender committee which later resigned gave the tender to a company which quoted a higher figure than IEBC’s Sh3.9 billion budget.

Separately, Civil Society Organizations under the banner of Kenyans for Peace with Truth and Justice (KPTJ) also called for the cancellation of the tender terming it as ‘flawed’.

The group said on Sunday that the current tender process failed to inspire public confidence and that new process must be initiated noting that was also the advice of the Public procurement Oversight Authority.

Africa Centre for Open Governance Executive Director Gladwell Otieno said the tendering process had raised many questions which needed to be addressed.

“The entire process has been somewhat murky. We have heard the reports of the Indian company which the Ministry of Foreign Affairs alleged was blacklisted in India. What it points to is that large scale procurement in Kenya continues to be a playground for people who are looking to make a quick buck and we are saying elections are not a place for people to be trying to make a quick buck,” she stated.

She said it was important for the IEBC to have maximum disclosure in all its processes as a way of keeping the public informed and engaged.

“We think that the IEBC in the past has been quite open and reached out but around this process there has not been the level of information we expect as Kenyans since these are our resources and our information which we have a right to because its about our future as a nation. Everything must be done to reassure Kenyans that everything is done in an above board manner and in a transparent and open manner,” Otieno opined.

The row over the purchase of the 9,750 Biometric Voter Registration kits has sent fresh fears of delays in the electoral process, with the IEBC bosses admitting registration of voters, which was to take off in mid-August will now be pushed to early September due to the imminent delay in acquisition of the kit.

IEBC plans to register 18 million voters electronically.

None of the four companies listed as the most qualified in the Sh3.9 billion Biometric Voter Registration (BVR) tender met the standards set by the electoral commission for the supply of 9,700 voter registration kits.

A confidential evaluation report by the Independent Electoral and Boundaries Commission (IEBC) seen by the Nation showed that an evaluation team had expressed reservations about some of the vendors and the quality of their goods.

Four companies — 4G Identity Solutions, Symphony, Face Technology and On Track Innovations — had emerged as the top contenders for the tender.

On Sunday, IEBC chairman Ahmed Issack Hassan said a due diligence report on Symphony is expected on Monday next week.

Mr Hassan spoke to the Nation by phone from London.

Under the BVR system, sophisticated scanners are used to take facial images and fingerprints of the voter, which are stored in a central computer. On voting day, the machine identifies you by comparing your unique features with the ones earlier stored.

The system makes rigging of elections difficult by eliminating impersonation and multiple voting.

The first confidential evaluation shows how 18 companies were disqualified at the preliminary level for being non-responsive, while eight others that qualified for evaluation were eliminated allegedly on merit for reasons determined by the evaluation team.

The evaluation committee, chaired by Ms Decima M’mayi, indicated that the picture quality features in the proposal presented by Symphony were not good enough.

“The fingerprint quality check was inadequate, the webcam (special digital camera) did not meet the flexible and independent mount standard required as per tender document,” the report further states.

Ms Mmayi’s team further ruled that apart from being inexperienced in the area of BVR, Symphony failed to demonstrate where power for its machines would come from.
Identifying fingerprints

Symphony, however, scored highly on the machines for identifying fingerprints, with the report noting that their demonstration was convincing and the strongest.

The committee also had doubts about the quality of the webcam provided by 4G Identities, arguing that it was below the standard required.

The company was also fighting to clear itself of allegations that it had been blacklisted in India. Neither did it have wide experience in BVR.

“4G identity solutions did not come out strongly in demonstrating the capacity to provide field support,” states the report.

Only Face Technologies from South Africa, ranked fourth in the report, is commended for its experience in BVR, but like the others, its camera was found to be sub-standard and its proposal for power especially in areas without electricity was also questioned.

“Face Technologies were non-committal on the solar solution that they are to provide which is a high risk to the commission,” warned the team.

The evaluation team also sunk the chances of On Track Innovations from Israel winning the tender, questioning their quotation of Sh8 billion and a BVR kit that was not properly integrated.

The company also failed the weight test, proposing kits weighing 17kg against the required 15kg.

Two weeks ago, the commission settled for Symphony and ordered another evaluation to establish its ability to supply the kits. The decision drew protests from the other bidders, amid claims of bribery.

Some of the companies knocked out at the evaluation stage were Dan Office IT, which quoted Sh3.6 billion, Lithotech (Sh3.4 billion), SGS Societe Generale De Surveillance S.A. (Sh3.8 billion), Haier Electrical Appliances Corporation (Sh3.4 billion) and Muhibauer High International (Sh5.6 billion).

Meanwhile, civil society groups have asked the IEBC to tender for the voter kits afresh.

The executive director of the African Centre for Open governance, Ms Gladwel Otieno, said Kenyans would lose faith in the IEBC if it did not act on the anomalies raised.

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Civil society leaders want Independent Electoral and Boundaries Commission (IEBC) to make public all documents related to ongoing row over biometric voter registration system

Speaking at a joint press conference in Nairobi, the leaders called on IEBC to immediately release reports of tender and evaluation committees as well as all correspondences related to procurement process.

“IEBC should adopt a system of maximum disclosure to remove any doubts over the integrity of the process. We will wait for them to release the information. If they don’t, we will go to court to compel them to do so,” said Transparency International executive director Samuel Kimeu

He added: “We believe that IEBC will be reasonable enough to realise that Kenyans have a constitutional right to access that information. The current tender process does not inspire confidence that it was done above board and in public interest.”

Executive Director of Africa Centre for Open Governance Gladwell Otieno demanded that the former IEBC tender committee that resigned after the row first erupted should make full disclosures of why they resigned

“At such a critical stage of the process, silence on this, by the former committee members does not give confidence about the integrity of the process,” she said yesterday.

During referendum

The leaders called on IEBC to cancel the tender altogether and pursue an expedited way of procurement preferably through restricted tender bringing together only companies that truly have a track record in executing that job.

They said that some of the companies that participated in the tender have no track record of having implemented such a system and seem to have hastily assembled themselves to win the tender.

“If a fresh tender is impossible, IEBC may configure and immediately deploy the electronic registration kits used during referendum. It is better to take slightly longer in registration than delaying the entire exercise,” said Executive Director of Muslims for Human Rights Alamin Kimathi.

Otieno wondered whether IEBC price was too low to attract competent and experienced biometric system solution providers since only two of the shortlisted companies quoted within IEBC’s budget.

Meanwhile, Immigration minister Otieno Kajwang criticised biometric voter registration and termed it a waste of national resources. Addressing the Press in Homa Bay town at the weekend, Kajwang told IEBC chair Issack Hassan to withdraw the programme since it is unnecessarily expensive.

Civil society organisations have petitioned President Kibaki not to assent to sections of the Statute Law (Miscellaneous Amendment) Bill, which legalise party hopping and nomination of presidential election losers to Parliament.

Over 70 lobby groups, under the umbrella of the Kenyans for Peace, Truth and Justice (KPTJ), presented the memorandum to President Kibaki and Parliament, claiming that the changes made to Elections and Political Parties Acts were “unconstitutional”.

The groups also described as discriminatory the requirement that parliamentary aspirants must have a minimum qualification of a degree to contest elections.

“We are making this request as it is our strong opinion that the Bill in its current form contains a number of unconstitutional provisions,” read the memorandum to the President that was received at Harambee House by Jonam Kinama, the deputy secretary in the office of the Secretary to the Cabinet.

The activists demanded that the Bill be referred back to Parliament with an advisory that MPs make the necessary amendments to ensure that the legislation is compliant with the Constitution.

The groups, led by former Committee of Experts vice chairperson Atsango Chesoni, said they would seek the Bill’s nullification if their petition was not granted.

They are also opposed to proposals that public officers intending to contest elective seats remain in office up to five months before the election date, down from the seven prescribed in the Constitution.

“These seats (nominated) are intended for persons from historically marginalised groups such as persons with disabilities. Persons who have failed to be elected do not constitute a historically marginalised group,” KPTJ said in its objection to allowing presidential election losers nomination to Parliament.

They also asked Speaker Kenneth Marende to restrain the House from debating proposals that have the potential of breaching or undermining the Constitution.

Last week, Transport minister Amos Kimunya moved a surprise amendment to the requirement in the Elections Act that barred non-degree holders from being elected to Parliament.

Mr Kimunya’s amendment nullified an earlier amendment by Bura MP Nuh Nassir that wanted the education requirement of an MP to be post secondary examination certificates.

The passage of the amendment technically barred over 80 MPs from contesting the next general election. Some of the MPs without degrees have already signed a petition to be sent to Mr Kibaki urging him to decline to assent to the Bill.

The lobby groups said the net effect of the amendments would be to negate the constitutional principals upon which the Acts were passed.
“We are aware that the current Parliament is on its last days before the next general election.

The amendments are being made with a measure of bias and self-interest,” said Harun Ndubi, a lawyer.

The lobbyists said majority of Kenyans agreed by voting for the Constitution that the vetting of judges and magistrates be undertaken to address the issues surrounding integrity in the Judiciary.
Attorney-General Githu Muigai, through the Bill, placed the onus of vetting the judicial officers on the Judicial Service Commissions (JSC) instead of on the then Vetting of Judges and Magistrates Board then chaired by Sharad Rao. The term of the board expired in May.

“We oppose the amendment to the Judges and Magistrates Act that seek to transfer the vetting of judicial officers to the commission. This goes against the principles of independent vetting of the Judiciary as envisioned in the Constitution,” they said.

The groups invited the President to exerciser the powers bestowed on him by Section 115 (1) (b) of the Constitution to refer the Bill back to Parliament for reconsideration on the basis that it contains various unconstitutional provisions.

emutai@ke.nationmedia.com

Link to the story on the Business Daily
Over 70 lobby groups, under the umbrella of the Kenyans for Peace, Truth and Justice (KPTJ), presented the memorandum to President Mwai Kibaki and Parliament, claiming that the changes made to Elections and Political Parties Acts were “unconstitutional”

Elections in Kenya are the most expensive in the world thanks to a high voter registration cost, administrative inefficiencies and outright theft of funds.

Estimates for the upcoming election presented by the Independent Electoral and Boundaries Commission (IEBC) placing the cost at Sh36 billion translates to a cost per registered voter of Sh2,000 ($25), higher than any other on record.

The IEBC, which initially sought Sh41.5 billion, has been pressing its case for the reduced funding all week before the Parliamentary Committee on Justice and Legal Affairs.

Treasury officials have made their case for Sh17.5 billion, terming the IEBC request excessive.

A commission formed to look into the conduct of the disputed 2007 elections reported that the Sh19.4 billion the defunct Electoral Commission of Kenya spent between the 2005/2006 financial year to the 2007/2008 period was higher than those of “very special cases of post-conflict countries.”

The Independent Review Commission, chaired by former South African judge Johan Kriegler, placed the cost of the election per registered voter at $20.4 (or $29 per cast ballot).

Low electoral costs stand at between $1 and $3, according to the Kriegler report and are recorded for countries with longer electoral experience like the United States and most Western European countries.

Others are Chile Sh103 ($1.2), Costa Rica Sh154 ($ 1.8) and Brazil Sh197 ($2.3) in Latin America and Sh60 ($0.7) in Ghana.

While giving the estimates to parliamentary Committee on Justice and Legal Affairs, IEBC chair Issack Hassan appealed to MPs not to scale down their request any further, saying it would hamper the credibility of the next elections.

Mr Hassan told the committee that Sh4 billion would go into voter registration while Sh2 billion would be used to buy a poll book to ensure a voter did not vote twice.

The commission targets to register 18 million voters out of whom 15 million are expected to turn up on Election Day.

Another Sh1.2 billion will be used to buy new vehicles to access “far flung, rugged and large constituencies.”

Responding to questions by the Saturday Nation on Kenya’s extraordinarily high cost of elections, IEBC chief executive officer James Oswago traced the genesis to 1992 when Kenyans demanded an independent electoral commission following the return to multipartyism.

Assert its independence

“Between 1964 and 1991 elections were a function of the government and district commissioners were returning officers. But with the return of multipartyism, there was a move by the polls body to assert its independence so the opposition could embrace it,” Mr Oswago said.

He explained that the commission could not implement the Kriegler recommendations because the new Constitution ran counter to the report.

“The new Constitution that came into place in 2010 demanded that we make voter registration a continuous process. Even though Justice Kriegler recommended a reduction of costs, the new Constitution created 80 new constituencies which forced us to register voters afresh despite having spent Sh5 billion in the 2010 voter registration which brought on board 12.4 million electors,” he said from Mombasa where IEBC officials were attending a three-day seminar on financial management.

Mr Oswago defended the retention of permanent staff in the field offices saying in the past temporary staff had disappeared during voting and the commission could not punish them.

The commission is in the process of recruiting 290 constituency coordinating officers.

The Kriegler report points out continuous registration as a key conduit through which money goes to waste.

“Although the ECK has established a network of 71 district offices (as per 2009 accounts), only some two per cent of voters opt to register there. The remaining 98 per cent do so at the annual registration drives.

“While it is true that the ECK registered 1,767,000 voters during the two registration drives in 2007, the cost per registered voter was Sh1,233 (around $18), which is extraordinarily high,” the report concluded.

It said the cost per registered voter of the 1,078,000 voters registered in the registration drives or through continuous registration in 2003 through 2006 was much higher, probably by as much as 50 per cent.

An April 2009 report of the Controller and Auditor-General questions how the defunct ECK spent Sh1.93 billion of the Sh15.8 billion it was given between 1991 and 2007.

Another analysis by the Africa Centre for Open Governance indicates that ECK commissioners were irregularly paid Sh219 million.

The report shows that the commissioners were, for instance, paid thousands of shillings every month in sitting allowances even when they did not attend meetings.

“The officer explained that since ECK meetings had no quorum, a sitting can be by one member, two members or the whole commission; which justifies the payment of sitting allowances for the 365 days of the year,” read the report.

Irregular payments

The auditors found numerous cases where allowances were paid when the authenticity of the claims could not be confirmed.

By 1996, the commissioners had received Sh29.7 million in undeserved sitting and subsistence allowances while irregular payments of accommodation expenses totalled Sh33.79 million from 1993 to 1997.

The Africog report also faults the procurement of spares, fuel and stores.

It notes that orders for 334 polling booths worth Sh2.04 million were placed in January 1998, while elections had taken place in December 1997.

A November 2008 Press report also indicated that ECK paid Sh110 million for T-shirts that were never used during the 2007 election.

Kenyans have been urged to trust the International Criminal Court process and let justice run its course.

The civil society appealed to the nation to remain calm and peaceful ahead of the ICC ruling on confirmation or dropping of charges on Monday.

“We urge the country to remember that the ICC process is really for the victims and despite all the protestation by politicians to the contrary, the ICC process is judicial and not political,” said Kenya Commission on Human Rights Commission Director Atsango Chesoni.

The group under Kenyans for Peace with Truth and Justice (KPTJ) further asked the Government to cooperate with the ICC regardless of the outcome of the court ruling.

“We note that the court’s decision, whatever the outcome, will be an important step forward in ensuring justice for victims of the crimes that occurred during the 2007 and 2008 post-election violence.

Accept verdict

The civil society reaffirmed that they will accept the verdict of the court whether the charges are confirmed or not.

“We point out that all parties will be free to appeal the decision if they so wish and that is their right, which we support.

In addition the chamber is free to call for additional evidence on any issue,” said Africog’s Director Gladwell Otieno in statement on behalf of the group Friday at a Nairobi hotel.

They stressed that the ICC process is meant to give reprieve to victims of PEV saying it was unfortunate that public debate continues

to focus on the fates of the main suspects rather than the victims.

KPTJ also demanded that should the charges be confirmed, President Kibaki and Prime Minister Raila Odinga should suspend from office Finance Minister Uhuru Kenyatta, Head of Civil Service Francis Muthaura and Post Master General Mohammed Ali in line with Chapter Six of Constitution that deals with character and integrity.

Vacate office

“The accused public officials should also vacate office on their volition pursuant to the statements they made that they will cooperate with the ICC in the event of confirmation of charges,” said Chesoni.

They said it was unacceptable that suspects of crimes against humanity have continued to occupy senior public offices and that some even purport to stand as candidates to lead this nation.

The lobby group further asked the two principals to set up a local mechanism to try other perpetrators of violence.

“Even if all the charges were to be confirmed against all the suspects, this would by no means release the Government from its duty to bring justice, restitution and solace for victims of violence,” Chesoni said.

Read Article on the Standard Website

The brief history of Kenya football governance since Independence Kenya goes to a historic national football election this morning, seeking to put to rest the wrangles that have seen the game deteriorate over the past decade. Whoever wins joins a long list of people who have run the game since 1963. There have been highs and lows over the years.

Kenya’s post colonial football governance started with the 1963 election of Isaac Lugonzo then Nairobi Mayor. John Kasyoka took over in the mid-60s to 1970 as an elected chairman. He was followed by Martin Shikuku in 1970. However, Shikuku’s term was brought to an abrupt end in 1972 when the then Butere MP’s football association was disbanded by the government on allegations of corruption. Shikuku’s ouster ushered in a caretaker committee headed by Bill Martin who was Nairobi Provincial Commissioner.

An election was called the same year and Williams Humphreys Ngaah a Kenya Railways officer was duly elected for the remainder of the term.

Ngaah lost the subsequent election in 1974 to Dan Owino , a former Kenya diplomat under circumstances which saw Kenneth Matiba the chairman of Kenya Breweries FC (now Tusker FC) locked out. Matiba walked out of the Kenya Football Association to form the rival Kenya Football Federation which quickly gained favour with clubs and lasted two terms to 1984.

Matiba’s popularity saw him join Parliament as MP for Kiharu (1983-90; 92-97), was cabinet minister between 1985-88 and Presidential candidate in 1992.

Clement Gachanja, MP for Dagoretti was elected KFF chairman for the 1984-88 term before Job Omino was elected. Omino’s committee was disbanded by government and a caretaker committee was set up with Mathews Adams Karauri as chairman

In the subsequent election in 1990, Job Omino bounced back and was in office until 1996. Peter Kenneth took over from Omino in the 1996-2000 team when Maina Kariuki took over as Kenya football helmsman in 2001. His term was also cut short when, on grounds, of corruption, the government disbanded the office in 2004. However, the international football federation Fifa intervened and a joint Fifa and Kenya government committee headed by Kenya legendary athlete Kipchoge Keino was appointed to lay the groundwork for elections in 2004 under a blended constitution.
This saw Alfred Sambu take office. But he was thrown out by a rebel group which had powerful support from the Ministry of sport in 2007. So the crucial moment appears to have been in the year 2000 according to AfriCOG an NGO that traced the beginning of the Kenya tooball crisis.

Soon after the KFF headed by Maina Kariuki (chairman), Hussein Swaleh (secretary general) and Mohammed Hatimy (treasurer) was elected.

The then Sports Minister Francis Nyenze who, among many reasons, cited corruption and mismanagement of resources as reason for his decision. Nyenze appointed a caretaker committee but his decision was reversed by the High Court. A year later, 11 Premiership clubs broke ranks with KFF to form the Kenya Premier Football Group (KPFG). Kenyan Premier League Ltd (KPL) was formed as a private company the same year.

In 2004, after the expiry of Kariuki and his offices’ tenure of office, the Mombasa High Court ruled against their stay prompting the sports minister to form a Stakeholders’ Transitional Committee (STC).

The wrangles then moved a notch higher leading to the collapse of the KFF league. KPFG later formed a Harambee Stars Management Board to prepare the team ahead of the Africa Cup of Nations and 2010 World Cup qualifiers. However, the ambitions were short-lived as Fifa suspended Kenya’s membership over alleged government interference.

Fifa and the government later entered into negotiations which establishment the KFF Normalisation Committee headed by Kenya athletics legend Kipchoge Keino, mandated to develop a new KFF constitution in time for elections in December 2004, and unify the KFF and KPFG leagues. A KFF Special General Meeting elected Alfred Sambu as chairman and Hatimy as senior vice-chairman.

In August 2005, a KFF SGM replaced Sambu with Hatimy, who was later banned from football management by Fifa. Fifa also gave KFF three months to put their house in order.

Sambu was reinstated in 2006 with Moni Wekesa becoming his secretary general. Kenya and KFF were later banned from Fifa football activities with Hatimy dramatically replacing Sambu, again. A year later, Fifa named Hatimy as the acting national chairman pending elections in May 2007.

The polls saw two parallel SGMs held in Nairobi and Mombasa by former secretary general Sam Nyamweya and Hatimy respectively where Nyamweya was appointed chairman by the government recognized KFF.

In May 2008, KFF obtained a court injunction barring Hatimy from interfering with their affairs; a move that irked Fifa, whose statutes do not allow the involvement of ordinary courts in football matters. Hatimy later registered Football Kenya Limited (FKL) with the Registrar of Companies, with the blessings of Fifa.

Fifa refused to start arbitration procedure requested for by KFF and subsequently, the Court of Appeal (after an appeal by KFF) decided in Hatimy’s favour.

However, the court directed the status quo remain until elections were held later in December. In February 2009 Fifa disowned KFF. The then sports minister Hellen Sambili appointed a committee led by Bidco CEO Vimal Shah to reconcile the two factions. The committee failed in its mandate.

In January 2010 the Court of Arbitration for Sport (CAS) acting on a case filed by Nyamweya recognised FKL as opposed to KFF and called on the country to hold fresh elections to end the wrangles that have seen the country’s football sink to worrying depths.

Copyright Nairobi Star. Distributed by AllAfrica Global Media (allAfrica.com).

People who live and work in refugee camps will be hardly surprised by the fact that militants may have been involved in the abduction of the two Spanish aid workers from the Dadaab refugee camp this month.

Infiltration of refugee camps by militia is nothing new. The Goma refugee camp in eastern DRC was notorious for sheltering the Interahamwe fleeing the Rwandan Patriotic Front after it invaded Rwanda in 1994.

As Dutch journalist Linda Polman says in her book, The Crisis Caravan, refugee camps are often used by militia to recuperate and regroup.

In Goma, so-called refugees regrouped to organise their next offensive. In return, they got free food, medical care and shelter from the United Nations.

Dadaab presents a huge threat to Kenyan security. Like Goma, the refugee camp is probably crawling with militia. What better way for al Shabaab to penetrate Kenya’s borders than to become refugees within our borders?

A 2008 United Nations Monitoring Group on Somalia report noted that “members of Shabaab and Hizbul Islam travel with relative freedom to and from Nairobi, where they raise funds, engage in recruitment, and obtain treatment for wounded fighters.”

If Kenya is to win the war against the militias, it must remove al Shabaab from the camp. And it should be looking for al Shabaab agents living in our midst undetected in various towns.

Dadaab is also the site of various nefarious and illegal activities that directly impact Kenya. According to the recently-published report, Termites at Work, by the International Peace Institute, some of the arms trafficked from Somalia are first “stored” in the Dadaab refugee camp while traffickers plan their next move.

From Dadaab, the arms end up via neighbouring Garissa in Nairobi’s Eastleigh estate or in the Mukuru Kayaba slums.

“Arms traffickers have a sophisticated smuggling system that links Somalia with the refugee camp and with Nairobi,” says the report, which was launched in Nairobi recently.

The Dadaab camp is also the site of human and other forms of trafficking, as is the southern Somali port of Kismayu, a stronghold of al Shabaab.

Corrupt aid workers and government officials could inadvertently be easing the movement of al Shabaab within Kenya.

The IPI report says arms smugglers bribe their way through police checkpoints, and in some cases, UN employees sell migration slots for genuine refugees to people seeking to migrate to other countries.

Officials from the UN’s refugee agency, UNHCR, say that the responsibility of screening refugees arriving at Dadaab lies with the Kenya Government. But even if this is so, can the UNHCR explain why all these illegal activities are occurring under its watch and in a camp it manages?

Moreover, there is the question of identifying al Shabaab. Do police at the Kenya-Somali border have names, faces and identities of known members of the terrorist group? What distinguishes a terrorist from a genuine refugee?

All al Qaeda terrorists who have so far been captured around the world look like “normal” young men. Many do not even look particularly dangerous. In fact, most have perfected the art of blending into the community in which they reside. In Dadaab, they have blended with the refugees.

What’s worse, there is a high possibility that many of these so-called refugees have already left the camp and have infiltrated Kenyan cities and towns.

There is no reason why a refugee camp should exist for 20 years. A refugee camp is supposed to be a temporary measure; it is not supposed to become a permanent settlement, as Dadaab has become.

Originally designed for 90,000 people, Dadaab currently hosts more than half a million refugees, making it the most populous such camp in the world.

Over the last 20 years, since the civil war in Somalia, the camp has grown into a self-contained township complete with schools, a hospital, shops, bars, butcheries and even “hotels”. In other words, it has started to look like a small town.

In my opinion, the Kenya Government and the UN should work towards scaling down operations in Dadaab and ultimately closing the camp altogether.

This may contravene Kenya’s international obligations, but the facts cited above are disturbing enough to warrant such an action.

rasna.warah@gmail.com

Link to the story

Kenya is the biggest market for counterfeit goods and contraband in East Africa, says a new report.

The counterfeit industry, according to Termites at Work: A report on Transnational Organised Crime and State Erosion in Kenya, is worth Sh70 billion and rivals key foreign exchange earners tourism, tea and coffee.

The industry thrives because Kenya is the biggest economy in the region and goods move fast.

The report, launched in Nairobi this week at a policy forum co-hosted by the International Peace Institute and Africa Centre for Open Governance, says China and India are the key sources of counterfeit goods in the East African region.

“The Kenya Association of Manufacturers — whose members are directly affected by trade in counterfeit goods — has estimated that manufacturers incur an annual loss of Sh30 billion,” the report says.

Corruption, weak administrative as well as legal regimes and disparate tax systems (excise and import duties) in the East African Community contribute significantly to the flow of contraband.

“Counterfeit goods available in Kenya are either manufactured in backstreet factories or simply smuggled from Asia and the Middle East…

“Imports are often earmarked as transit goods to destinations in Uganda, Democratic Republic of Congo, Rwanda, Burundi or Tanzania but are diverted to destinations within Kenya…

“Locally produced, inferior counterfeit goods are exported but then smuggled back to avoid paying taxes,” the report says.

The Kenya National Chamber of Commerce and Industry says smugglers target fast moving and highly-profitable goods like sugar, vehicles, electronics, pharmaceuticals, cigarettes, batteries, pens and cosmetics.

“At the border, the import documents are stamped to indicate goods have crossed the border, but in fact the goods are smuggled back into the country,” it says.

Public discussion about the massive illicit economy is muted because of the power and patronage wielded by the people involved in the business in East Africa, some highly placed in government.

The report says President Kibaki has encouraged open debate on the problem: “Illicit trade is a big problem in all the five member states of the East African Community; therefore we cannot pretend that we are not aware of this problem, it is now upon us to find a solution to it,” it quotes him saying.

The long, porous borders that Kenya shares with Somalia, Uganda and Tanzania (across Lake Victoria) provide low-risk opportunities for counterfeit smugglers and those engaged in illicit trade.

“Smuggling takes place by sea, across Lake Victoria and through inland exit points,” says the report.
The most frequently used smuggling points in Kenya are the coastal settlements of Vanga, Lunga Lunga, Ghala Island, Kinondo, Gazi, Bodo, Majoreni, Mokowe, Lamu, Takaungu, Kipini, Kiunga, Kiwayu and Mombasa Old Port.

The report also identifies Eldoret International Airport as notorious for the smuggling and trafficking of illicit goods.

“This airport, which has been temporarily closed by Kenyan authorities on two occasions when smuggling activities became too brazen, is a well-known entry point for counterfeit medicines, watches and textile products flown in from the Middle East and involving criminal networks with links to many countries outside Kenya,” it says.

Link to the article

Foreigners working with senior government officials have established international drug trafficking networks locally, a new report reveals.

The report says they operate through four networks each headed by a Nigerian and a fifth led by a Guinean, which link drug producing countries in Latin America and consumers in Europe.

The report, which also exposes human trafficking, poaching, money laundering as well as gun running activities, is set to be launched on Tuesday.

Fake diplomatic bags

“Kenyans in top positions are seldom involved in specialised drug trafficking work such as overseas procurement. Their contribution is to keep the risk of drug traffickers in Kenya low. This is how networks penetrate State institutions,” it says.

One of the networks headed by a Nigerian procures cocaine from Latin America and smuggles it to the United States and Europe.

The drug lord also sends mules from Nairobi to “Peru, Bolivia and Brazil to source cocaine, which is then smuggled to Kenya via South Africa and Tanzania,” it further says.

And to ensure its operations are not easily detected, the traffickers use fake diplomatic bags and documents.

The report also borrows from previous reports which have blamed the illicit trade on corrupt government officials.

Besides corruption in government, the latest report cites weak laws as key factors that help the syndicates to develop locally.

“What they found in Kenya is what any international organised criminal group would find attractive; a weak criminal justice system in which the public has little trust,” it says.

The report describes Kenyan politicians as people who can be “easily bought,” while senior government officers are portrayed as individuals who “protected each other and enjoyed impunity from prosecution.”
Another Nigerian was identified as the head of the second network that used Namanga border point to bring in cocaine and heroin.

He uses the Jomo Kenyatta International Airport to fly the drugs to Istanbul, Turkey, for distribution to the UK and other European markets.

“At least five of his couriers have been arrested in Tanzania, Seychelles, Turkey and Kenya,” says the report.

The third syndicate, headed by a Nigeria who travels on a Ghanaian passport, supplies Turkey and China, the report says.

Titled Termites at Work, a Report on Transnational Organised Crime and State Erosion in Kenya, the document does not name the drug lords.

It identifies a Guinean as the head of a fourth network who travels on a “stolen Burundian passport.”
“Couriers for this network have been arrested in China, Pakistan and Hong Kong,” it says.
The fifth drug lord, the report says, is also a Nigerian who travels on Ivory Coast, Guinea, Liberia and Sierra Leone passports.

“He focuses on heroin which is smuggled from Pakistan through Uganda to Kenya and then on to Europe. His couriers have been arrested in Hong Kong,” the report says. It also accuses him of tax evasion and money laundering.

With regard to money laundering, the report says such cash ends up with the Somali-based al Shabaab terror group, which has links to al Qaeda.

Prime Minister Raila Odinga has said criminal networks have been funding election campaigns in Kenya.
In particular, he mentioned international drug traffickers, noting that they operate “freely” in the country and used their money to influence politicians and the police.
“Organised crime is financing political activities and criminals are in return being guaranteed protection, tying them directly to the culture of impunity pervading Kenyan politics and business,” said Mr Odinga during the official launch of a report unearthing the state of organised crime in Kenya.
Besides drug trafficking, the report by the International Peace Institute also revealed human trafficking, poaching, gun running, as well as trade in counterfeit imports.

A report launched in Nairobi on Tuesday paints a worrying picture of the extent to which international criminal networks have infiltrated all organs of government, including the Executive, Judiciary and the Legislature, as well as the police and the provincial administration.

The International peace Institute report entitled ‘‘Termites at Work: Transnational Organised Crime and State Erosion in Kenya’’, was launched by Prime Minister Odinga, who admitted that criminal syndicates had bought their way into the State.

The effect was that dangerous criminals involved in drug trafficking and other serious crimes had secured for themselves immunity from arrest and prosecution, and were also influencing State policy.

This candid admission by the Prime Minister is welcome, as is the report that the government co-operated fully with the investigators. (READ: Raila: Organised crime funds election campaigns)

It is not enough, however, to co-operate in investigations or to admit freely that the State has been infiltrated by criminal elements.

These admissions must be followed by action to ensure Kenya does not come to resemble countries in Eastern Europe, South America and Asia where criminal gangs are in charge of government.

Kenyan authorities have historically been reluctant to act against drugs traffickers and other criminals because officialdom is often beholden to them. We must now change attitude.

We live in a vulnerable region where it should not be difficult to make the very clear link between transnational criminals – drug traffickers, poachers, gun-runners, money launderers, human traffickers and smugglers of counterfeit goods – and the clear and present danger of attacks by terrorists.

It would be criminal dereliction of duty for the authorities to continue turning a blind eye to dangerous criminals that have been given freedom to operate in Kenya.

Link to Story in the Daily Nation

IPI Launches Report on Transnational Organized Crime in Kenya

Transnational criminal networks are corrupting and undermining state institutions in some countries to such an extent that they pose a threat to the state itself, according to two new reports from the International Peace Institute.

The reports, entitled “Termites at Work: Transnational Organized Crime and State Erosion in Kenya,” were launched in Nairobi on October 4th at a policy forum cohosted by the International Peace Institute (IPI) and the Nairobi-based Africa Centre for Open Governance (AfriCOG).

Speaking at the policy forum, the reports’ author, Peter Gastrow, IPI’s Director of Programs, said, “The threat posed by transnational organized crime is not confined to the harmful effects of the international narcotics trade or human trafficking. For many developing countries and fragile states, powerful transnational criminal networks constitute a direct threat to the state itself–not through open confrontation–but by penetrating state institutions through bribery and corruption and by subverting and undermining them from within. Governments that lack the capacity to counter such penetration, or that acquiesce in it, face the threat of state institutions becoming dysfunctional and criminalized, and of the very foundations of the state being undermined.“

The guest of honor at the launch was the Prime Minister of Kenya, Raila A. Odinga.

“It is my hope that the report being launched today will direct us towards better ways of equipping our people and our institutions to tackle these problems,” the Prime Minister said. “History shows us that the price paid by nations which have flirted with crime is a high one. They have become captive to criminal elements, and have suffered perpetual instability. Ladies and gentlemen, that is a road we do not wish to travel.” (read the Prime Minister’s full remarks)

The IPI study, funded by the German government, examined six categories of transnational organized crime in Kenya.

Peter Gastrow told participants that the results pointed to significant increases in criminal activity with pervasive impacts on government institutions. Even though Kenya was the economic hub of East Africa, with an active civil society, a vibrant media, and significant potential for growth and development, its foundations were under attack. Endemic corruption and powerful criminal networks were “white-anting” state institutions, hollowing them out from the inside. As a result, development was being hampered, governance undermined, public trust in institutions destroyed, and international confidence in Kenya’s future constantly tested.

Also speaking was Dr. George Kegoro, Executive Director of the International Commission of Jurists in Kenya and Ms. Gladwell Otieno, Director of AfriCOG.

The function was attended by about sixty participants representing the media, government, NGOs, international organizations, academia, and Nairobi Embassies.

Both IPI publications conclude with concrete recommendations for policy and action steps at national, regional, and international levels.

Link to the news item on reliefweb.int

The University on Friday 29th July 2011 hosted in the auditorium a forum attended by four contenders for the post of the Chairman of Kenya Football Association (KFA), the body that will run football in Kenya after the August 13 elections . The aspirants fielded questions from football stakeholders.

The aspirants in attendance were current chairman of KFF Mr Sam Nyamweya, his senior vice-chairman Mr Twaha Mbarak, Mr Hussein Mohammed of Extreme Sports, Gor Mahia Chairman Mr Ambrose Rachier and Ms Elizabeth Shako. The latter wants to head the women affairs section of KFA.

The forum was meant to interrogate the candidate’s policies, their manifestos, and introduce them to the football public they are looking forward to serve. The event was organised in collaboration with Movement for Political Accountability (MOPA), Africa Center for Open Governance (AfriCOG), USAID, Bunge la Mwananchi and Independent Electoral Board (IEB).

The forum was the first of its kind in Kenya. Each candidate was given 10 minutes to explain his agenda and what they think ails local football. They later answered questions from the audience where they were taken to task over their plans.

Among the stakeholders who attended the event included former Kenya internationals Bobby Ogolla, Mickey “T9” Weche, Bob Oyugi, Bobby Ogolla, Josphat “controller” Murila, Dan Shikanda and Joe Kadenge.

Giving the welcoming remarks, Mr Isaac Mwangi, the University’s Sports Administrator said that there is need to streamline football management in the country and the University is ready facilitate the process. He said that is one of the reasons it hosted the event.

In late April, the University hosted a sports governance workshop. The football forum was a follow up to that event, Mr Mwangi said.

In his remarks, the Dean of Students Mr Paul Ochieng’ under whose docket sports fall in the University welcomed the football stakeholders and asked them to be part of history that is will change the direction of football leadership in the country.

After the elections, the two bodies that are fighting to run football in Kenya will be dissolved and KFA will take over.

Link to story

She is the only woman who has braved the heat associated with the gunning for the top post in the management of Kenyan football after announcing her aspiration to vie for the post of chairperson in the forthcoming football elections. Elizabeth Shako is ready to give men a run for their money in what has been traditionally viewed as a “men only affair”. She believes in her capabilities and is ready to offer stiff competition to what she terms as “same old type of soccer leaders” in the race.

Shako who is among the few candidates to have been cleared by IEB and KRA officially launched her manifesto in Mombasa on Thursday in a colorful ceremony attended by key football stakeholders in Mombasa .For chairmanship, She will fight it out with extreme Sports CEO Hussein Mohammed, Gor Mahia’s Chairman Ambrose Rachier, KFF chairman Sam Nyamweya and current FKL chairman Mohammed Hattimy who also comes from Mombasa.

“Am ready for the challenge that will bring a new hope for our people in Kenya. We have suffered autocracy of poor leadership for decades and it is time for a new dawn.” She said

Shako has been in the management and development of soccer for the past ten years as the director of SOLWODI soccer initiative (Solidarity with women in distress) and part of those who have championed for the development and sober leadership in women soccer. Shako is currently the organizing secretary of the national women soccer league initiative and also the director of SOLASA (Solwodi Ladies Sports Association) that brings together over 21 ladies’ soccer teams across the country.

“We have fought the war from the periphery and I believe it is time for me to make the real change we have been yearning for. I have the experience, I have been there and above all soccer is my passion. I will offer accountability and good governance.” She added.

Shako has promised to offer a new leadership that is transparent and accountable to the people of Kenya. She has also vowed to bring in proper planning that has ailed the leadership of the federation and especially the national soccer team Harambee Stars by engaging a solid program to scout and manage the team/players in a professional manner free of tribalism and corruption.

In her manifesto, Shako has highlighted key features that she believes will bring out the potential and the strength of Kenyan soccer as she strives to take the nation back to international radar within the shortest time possible.

-Ensure Kenyans get a new soccer constitution. A constitution that will serve generations with better structures and policies.
-Draw a five years strategic plan that will govern planning and attract partners/sponsors
-To improve the structures of soccer development in all areas including: main national team, women soccer, youth development structures, beach soccer among others.
-Set up modern youth soccer development centers across the country equipped with modern equipment to avoid over dependence on Nairobi.
-Ensure all branches and Sub Branches have soccer offices and secretariats to serve the people anytime, all times.
-Establish youth soccer development initiatives and establishment of income generating programs for the youth. This will help teams in the villages become self sustainable and stop over reliance on handouts and sponsorship.
– Set up exchange programs with well established academies and soccer institutions across the world.
-Have quarterly reports from all officials right fro the Sub branches to the national office where all officials will be required to analyze and assess their input and performance.
-Set up a special committee to manage the national soccer team Harambee stars.
-Have a proper consistent scouting system for the national soccer team Harambee stars that will be free from corruption and tribalism.

Shako travels to Nairobi on Thursday night for the scheduled Big debate where all the aspiring leaders are expected to answer questions from key football stakeholders in the country.

Link to the story: http://www.michezoafrika.com/harambee%20stars/is-she-the-messiah-of-kenyan-football/2471.aspx
She is the only woman who has braved the heat associated with the gunning for the top post in the management of Kenyan football after announcing her aspiration to vie for the post of chairperson in the forthcoming football elections.

KENYA FOOTBALL POLLS>> Chairmanship candidates agree at first public debate that grassroot development of football is key to improving Kenyan standards

Grassroot development of Kenyan football was the recurring theme in the public debate between candidates vying for the top post at the national elections on August 13.During the grand debate at Strathmore University yesterday, all the candidates expressed a wish to develop football from the grassroots. Extreme Sports Chief Executive Officer Hussein Mohammed, Kenya Football Federation chairman Sam Nyamweya, Gor Mahia chairman Ambrose Rachier, KFF first senior chairman Twaha Mbarak and national women’s league chairperson Elizabeth Shako were at the debate and all promised to start grassroots leagues that will help revive the sport in the country. Only Football Kenya Limited chairman Mohammed skipped the event at Strathmore University as he was busy meeting club officials from the various constituencies around Nairobi.

Hussein said debate forms an important part of the electoral process as it gives aspirants a platform to articulate their manifesto to wananchi and the voting clubs and felt it was only the serious candidates who took their time to attend the debate. “Once elected, I will dedicate my energy to developing football right from the grassroots where I intend to work hand in hand with the government who will be vital in the development of football infrastructure,” Hussein said.

The debate was organised by the Movement for Political Accountability (Mopa) in partnership with the Independent Electoral Board, Kenya Transition Initiative, Bunge la Mwananchi among others.
“We shall also bring in a constitution where all the constituencies will be made sub branches while the counties will be made branches,” added Hussein.

All the candidates promised to dedicate their time to the sport and also vowed not to use football for their own personal gains including vying for elective political posts in the general elections. Put to task to explain why he wants to vie for the seat yet he had been before and there had not been much change in the way of doing business, Nyamweya said his time to take over as the national chairman was hijacked by Hatimy and three other individuals through the setting of a limited company which did all they could to gain international football federation recognition.
On his part, Twaha said he believes the time to change the system of football governance is now. He said he wanted to make it more professional but his promise of operating in a centralised office system saw part of the audience put him to task on how inclusive that would be.
His response was: “Working in one centre of power means we will be able to put sanity back into the sport.”

Shako remained optimist of capturing the seat insisting her experience with the various leagues in Mombasa and the national women’s league started last year will come in handy in improving the status of the sport. “We must develop a strategic plan that will see us avoid the preparation of national teams as we have seen before,” she said.

Rachier took the chance to explain how he wants to improve the level of coaching and promised to use his experience at Gor Mahia at the national level. Asked whether he will resign his position at Gor Mahia and Kenyan Premier league, to fully concentrate on the chase of a national office, Rachier said: “I don’t know.”

Link to the story: http://www.nairobistar.com/sports/sports/34007-how-they-will-go-about-the-football-business
KENYA FOOTBALL POLLS>> Chairmanship candidates agree at first public debate that grassroot development of football is key to improving Kenyan standards

GOR Mahia chairman Ambrose Rachier will run in the August 13 elections for the man to head the national football association, with a call to leaders of all Kenyan clubs, down to the villages, to pick someone who knows the plight of clubs and players.

After earlier handing in his nomination papers to the Fifa-appointed Independent Electoral Board [IEB], Rachier quietly went about consulting chairmen, secretaries, coaches and team managers round the country, with a rallying call that “if we do not get it right, it is our clubs and players who will continue to suffer.”

This morning, the Gor Mahia chairman, holds a meeting with editors and leading football correspondents of media houses and new media, to brief them on what he called “an overwhelming desire by clubs in the country, down to the smallest, to be led by someone who has a firsthand knowledge about the situation in our clubs and our players.”

Rachier’s support to run for chairmanship of Kenyan football comes from a wide range of stake holders of the view that many people clamouring for the leadership were in it for the fame and trappings that come with the office.

“Talk to administrators of teams in the most far-flung parts of the country, in the lowest leagues, you will hear the plight of us long-suffering leaders of the football clubs. I am saying that we must now stand up and be counted and vote in a football administration that will work for the rights and development of our clubs and players.

“Our work, to keep our clubs afloat throughout the country has been back-breaking; every chairman, secretary, coach, team manager, etc, knows that. We are the ones that hurt when soccer is mismanaged. Now we have an opportunity to vote the right people to the top echelons of our game.”

Rachier’s campaign for a new dawn of Kenyan football has hit the road throughout the country, addressing the people who matter; administrators and owners of all clubs in the country. They will finally converge in Nairobi on Saturday, July 30 for a launch of the final drive towards the elections set by the IEB for August 13.

Meanwhile, the Movement for Political Accountability (MOPA) at the Africa Centre for Open Governance (AfriCOG), a citizens’ oriented social movement comprising organizations committed to empowering Kenyans to hold public leaders accountable is taking a keen interest in the forthcoming football elections.

MOPA and AfriCOG, said on Tuesday they shared deep interest in, and commitment to upholding principles of accountability in football affairs in Kenya.

They will, subsequently be organizing a National Grand Debate for all candidates cleared by the IEB to run for position of Chairperson of the Kenyan football association.

The debate, scheduled for Friday July 29 July at Strathmore University from 8.30am, aims to provide a platform for candidates to share their vision for Kenyan football with 200 key football stakeholders.

“In this way, we hope to contribute towards and enable the election into office qualified and credible leaders committed to principles of accountability, transparency and delivery of results to football stakeholders in Kenya,” the MOPA statement said.

All candidates, including incumbent Mohammed Hatimy, Rachier, Sam Nyamweya, Elizabeth Shako, Hussein Mohammed and Twaha Mbarak have been invited to take part.

“We believe that the current state of football nationally is symptomatic of an acute shortage of servant leadership and the pervasive culture of impunity as freedom from accountability,” said the MOPA statement.

“It is MOPA’s commitment to empowering, supporting and accompanying communities to demand accountability, and AfriCOG’s dedication to addressing structural causes of corruption and bad governance that informs our interest in football management in Kenya,” it concluded.

Among the invited audience to the debate are delegates from around the country including from Nationwide division I and II leagues.

Link to story: http://www.kpl.co.ke/articles.aspx?Id=426913
GOR Mahia chairman Ambrose Rachier will run in the August 13 elections for the man to head the national football association, with a call to leaders of all Kenyan clubs, down to the villages, to pick someone who knows the plight of clubs and players.

Movement for Political Accountability (MOPA) and the Africa Centre for Open Governance (AfriCOG), a citizens’ oriented social movement comprising organizations committed to empowering Kenyans to hold public leaders accountable is taking a keen interest in the forthcoming football elections.

In a briefing on Tuesday, MOPA and AfriCOG, said that they were committed and very interested to upholding principles of accountability in football affairs in Kenya. The two bodies also said that they will be organizing a National Grand Debate for all candidates cleared by the IEB to run for position of Chairperson of the Kenyan football association.

Getting credible leaders

According to them, the debate is scheduled for Friday July 29 July at Strathmore University from 0830Hrs and is aimed at providing a platform for candidates to share their vision for Kenyan football with 200 key football stakeholders.

“In this way, we hope to contribute towards and enable the election into office qualified and credible leaders committed to principles of accountability, transparency and delivery of results to football stakeholders in Kenya,” read the MOPA statement.

All candidates vying for the seats in the forthcoming football elections , including incumbent Mohammed Hatimy, Abros Rachier, Sam Nyamweya, Hussein Mohammed and Twaha Mbarak have been invited to take part.

“We believe that the current state of football nationally is symptomatic of an acute shortage of servant leadership and the pervasive culture of impunity as freedom from accountability,” the statement further read in part.

“It is MOPA’s commitment to empowering, supporting and accompanying communities to demand accountability, and AfriCOG’s dedication to addressing structural causes of corruption and bad governance that informs our interest in football management in Kenya,” it concluded.

Among the invited audience to the debate are delegates from around the country including from Nationwide division I and II leagues.

Submitted 28/07-11 14:32 by Wilson Mathu
Movement for Political Accountability (MOPA) and the Africa Centre for Open Governance (AfriCOG), a citizens’ oriented social movement comprising organizations committed to empowering Kenyans to hold public leaders accountable is taking a keen interest in the forthcoming football elections.

The Movement for Political Accountability (MOPA) will on Friday morning host a thrilling debate that will parade all the aspiring candidates gunning for the top management seats in the forthcoming football elections. The event to be held at the Strathmore University will be the first of its kind in Kenya organized by MOPA in partnership with the Independent Electoral Board, Kenya Transition Initiative, Bunge la Mwananchi among others.
“We believe that the current state of football nationally is symptomatic of the pervasive culture of impunity as freedom from accountability. It is MOPA’s commitment to empowering, supporting and accompanying communities to demand accountability, and AfriCOG’s dedication to addressing structural causes of corruption and bad governance that informs our interest in football management in Kenya, and in particular the forthcoming elections.” Read a statement from MOPA.
Close to 200 key football stakeholders will be in attendance to vet the credentials of potential qualified and credible leaders committed to principles of accountability, transparency and delivery of results.

Link to the story
The Movement for Political Accountability (MOPA) will on Friday morning host a thrilling debate that will parade all the aspiring candidates gunning for the top management seats in the forthcoming football elections.

NAIROBI, Kenya, July 27- Football Kenya (FK) chairmanship aspirant and Gor Mahia FC chairman, Ambrose Rachier on Tuesday called on leaders from the clubs electorate to vote the candidate most conversant with the plight of players for the top post.

Rachier, who has the backing of Kenyan Premier League (KPL) clubs, has been consulting chairmen, secretaries, coaches and team managers of sides who will make up the electoral constituency during the August 13 polls since he handed in his nomination papers last week.

On Tuesday, the senior partner at his law firm met sports editors from various media outlets before addressing the press on his vision for the country’s football that is stagnating in the lower reaches of Fifa World Rankings.

“Talk to administrators of teams in the most far-flung parts of the country and in the lowest leagues and you will hear the plight of long-suffering leaders. I am saying that we must now stand up and be counted and vote in a football administration that will work for the rights and development of our clubs and players,” the Gor Mahia chairman charged.

“Our work is to keep our clubs afloat throughout the country. We are the ones that hurt when soccer is mismanaged. Now we have an opportunity to vote the right people to the top echelons of our game,” he added.

Rachier confirmed his attendance at Friday’s public debate organised by the Movement for Political Accountability (MOPA) at the Africa Centre for Open Governance where top contenders for the FK chairmanship will articulate their visions.

The discussion will be held at Nairobi’s Strathmore University.

Kenya Football Federation (KFF) chair, Sam Nyamweya, also confirmed his presence at the debate on Friday when he handed in his nomination papers to the Interim Electoral Board (IEB) that is managing the elections on behalf of the Government and world body Fifa.

“I want credible change for the country’s football since we have witnessed the damage mismanagement has caused for football in this country. I urge my fellow candidates to support the IEB so that we can get over with this process and move forward,” Nyamweya who has been involved in football administration for 15 years stated then.

Other candidates for the top post are Football Kenya Limited chairman, Mohammed Hatimy, Extreme Sports Limited CEO Hussein Mohammed and KFF vice-chair, Twaha Mubarak.

Meanwhile, it is emerging only nine candidates eyeing national seats at the forthcoming FK polls have met the obligation of presenting a valid tax certificate from Kenya Revenue Authority (KRA).

SuperSport.com reported on Tuesday that IEB had given the remaining aspirants until Friday to present the document or their names would be struck off the polls list.

A total of 39 candidates presented their nomination papers at the close of Monday’s deadline.

Link to the story: http://www.capitalfm.co.ke/sports/2011/07/27/rachier-rolls-off-fk-chair-campaign/
NAIROBI, Kenya, July 27– Football Kenya (FK) chairmanship aspirant and Gor Mahia FC chairman, Ambrose Rachier on Tuesday called on leaders from the clubs electorate to vote the candidate most conversant with the plight of players for the top post.

A parliamentary committee is on the spot for allegedly shielding a bank accused of tax evasion and money laundering involving billions of shillings.

In a report titled: “Smouldering Evidence: The Charterhouse Bank Scandal,” the Africa Centre for Open Governance accused the Committee on Trade and Finance of pushing for the bank’s reopening instead of investigating allegations against it.

Cleared the bank

“The conclusion could be made that the committee was not interested in the truth but was merely going through the motions to validate a pre-meditated decision,” the governance watchdog notes in the report published last week.

“It seemed odd that the Parliamentary Committee seemed to be lobbying for the re-opening of the bank in spite of continuing investigations,” it said.

It accused the Committee chaired by Nambale MP Chris Okemo of colluding with the Treasury, the Attorney General’s office, Kenya Revenue Authority (KRA) and the Kenya Anti-Corruption Commission (KACC) to cover up the scam.

The committee cleared the bank last year and recommended its re-opening. (READ: House team clears Charterhouse Bank)

Nominated MP Musikari Kombo on Wednesday said the committee was protecting Kenyans from compensating the bank.

“We realised the bank wanted to use the committee to push for compensation. To protect Kenyans, we recommended that the bank be re-opened so that taxpayers’ money was not used to pay compensation,” he said.

The MP, who sits on the committee, said it relied on evidence by Finance Minister Uhuru Kenyatta, Attorney-General Amos Wako, KRA commissioner-general Michael Waweru and KACC’s John Mutonyi.

“If you were in the committee, I don’t know how you would have alleged tax evasion when KRA says there is none. CBK said they had no problems with Charterhouse.

“Wako said he had no problem with Charterhouse. Treasury said it had no problem with Charterhouse so we said, go ahead and re-open it,” he said.

Charterhouse Bank refused to comment on the report and threatened to sue this newspaper if it published the story.

“There is nothing new in the report. We will sue anybody who publishes the story,” said a top official at a public relations firm, which acts for the bank.

In the report, the watchdog criticised the committee for not investigating queries by audit firm PriceWaterhouseCoopers.

“The committee held surprisingly little discussion on Charterhouse even though there existed evidence from a credible audit firm of extensive malpractice,” it says.

“Relying on the accounts of officials who had manifestly contradicted themselves was unsafe,” the report noted.

The watchdog censured the committee for entertaining a petition by customers demanding its re-opening.

“How were the 35 customers able to organise to petition the National Assembly?” the report asks and calls for a scrutiny of the petitioners.

By PETER LEFTIE

Link to the article in the Daily Nation

A parliamentary committee is on the spot for allegedly shielding a bank accused of tax evasion and money laundering involving billions of shillings.

In a report titled: “Smouldering Evidence: The Charterhouse Bank Scandal,” the Africa Centre for Open Governance accused the Committee on Trade and Finance of pushing for the bank’s reopening instead of investigating allegations against it.

Kenya risks becoming a transit point and a haven for serious international crimes, including money laundering, a report released by a civil society and governance group has warned.

The Africa Centre for Open Governance (Africog) said money laundering was a crime that aided other crimes such as drug trafficking for which the country has recently received international attention.

Africog Executive Director Gladwel Otieno said political goodwill was needed if the country was to effectively fight international crimes.

“Some Kenyans have been named by the Obama administration as drug kingpins, a crime closely related to money laundering. This is an indicator of how the vice has taken root in the country,” said Otieno.

She said it was worrying that some public officers implicated in international crimes were still in office despite the Constitution being clear on the matter.

“Impunity still reigns in the country. Kenyans and the civil society must remain eternally vigilant and blow the whistle,” said Otieno.

Yesterday, constitutional lawyer and governance expert Wachira Maina who launched the report titled Smouldering Evidence: The Charterhouse Bank Scandal, said there was a systematic campaign to reopen the bank, which was closed in 2006.

Maina said three different audits undertaken between 2004 and 2006 by the Central Bank of Kenya raised serious questions about the operations of the bank.

“The investigation found strong indications that the bank’s clients were involved in both tax evasion and money laundering. The bank was also found to be violating the Banking Act,” said Maina.

He said money laundering involves making money that comes from illegal or criminal activity appear as if it came from legitimate sources and also converting proceeds from crime into assets that appear legitimate.

The report said Charterhouse facilitated money laundering by allowing certain customers to carry out unusually large cash transactions and/or split deposits and payments.

Otieno said the move by the Parliamentary Finance Committee to clear the bank of the money laundering allegations was suspect.

Former US ambassador Michael Ranneberger had alleged that the bank cost the Exchequer Sh20 billion in tax revenues.

By MUTINDA MWANZIA
Kenya risks becoming a transit point and a haven for serious international crimes, including money laundering, a report released by a civil society and governance group has warned.

More than a dozen related companies and businessmen used Charterhouse Bank as a conduit for money laundering, a new report by a corruption watchdog says, even as lawyers warned that failure to prosecute the perpetrators could undermine Kenya’s sovereign rating.

The report, which pieces together the complex network that the bank’s clients used to clean money, says Charterhouse deliberately let its customers open accounts without critical details like names, addresses or signatures – flouting the Know Your Customer regulations under which all commercial banks operate.

But the report by the Africa Centre for Open Governance also hits out at the Central Bank of Kenya, the financial services sector regulator, for failing to detect Charterhouse’s dubious operations for more than seven years.

The report, which has borrowed heavily from another one that forensic auditors prepared six years ago for the Central Bank, says incredibly huge sums of money were being deposited into some accounts in cash – enough to have caught the attention of any regulator, but the CBK turned a blind eye to it.

It gives the example of an account belonging to a businessman based in Butere, Western Kenya, that had a debit of Sh554 million and credit of Sh566 million over a 10 month period in 2006, clearly indicating that it was merely acting as a conduit for the money.

Even more telling is the fact that the money was being deposited in cash and there was no evidence of a business in Butere that could generate that kind of money in such a short period. The account had no details of what kind of business the holder dealt in.
Further evidence that the bank was being used for illegal financial transactions lay in the fact that one account holder, Paolo Sattanino was paid from another account in the same bank $10,000 every day for 12 days. The transfers have been interpreted to mean the amount was kept low to escape having to account to the Central Bank on the source of the money. CBK requires that any foreign currency transfers of more than 10,000 dollars must be accompanied by an explanation of the source.

“Failure to prosecute those responsible means the government is rewarding crime and this affects our sovereign risk rating,” said constitutional lawyer Wachira Maina. The report also shows how two big retail chains used their accounts at Charterhouse Bank to launder money and evade taxes. It gives the example of a retail chain that was opened in 2001 and operated an account with a balance of Sh4.3 billion, but was not disclosed until 2003 in a suspected tax evasion scheme.

The supermarket’s estimated under declared sales to the tax man totalled Sh911 million, according to an audit report by PricewaterhouseCoopers.

Another retail chain had several transactions involving huge amounts of money that were not supported by any documents. The management told auditors that some of the documents were accidentally burnt.

The report faults the government for failure to prosecute people involved in what appears to have been a financial institution operating on the fringes of the law. CBK placed Charterhouse Bank under statutory management on June 23, 2006 after a run on the bank caused by an enquiry in Parliament.

The Parliamentary Committee on Finance, Planning and Trade, government and even Kenya Anti Corruption Commission (Kacc) officials have in the past given the bank a clean bill of health.

Kenya Revenue Authority Commissioner General Michael Waweru told the committee that the KRA had no objection to Charterhouse reopening, as did CBK Governor Njuguna Ndung’u and Kacc Deputy Director John Mutonyi.

Dr Mutonyi told the parliamentary committee that money laundering was not a crime by the time the transactions took place at Charterhouse Bank and therefore the perpetrators could not be prosecuted. But Mr Maina said the argument does not make sense because those involved should have been charged with other crimes like tax evasion.

“Charthouse’s is a classic example of failure of our governance system that gives an incentive to criminals with similar motives,” said Gladwell Otieno of Africa Centre for Open Governance.

Money laundering is now a crime under the Proceeds of Crime and Anti-Money Laundering Act that became active in June 2010 although some sections of it like the Financial Reporting Centre (FRC) that co-ordinates intelligence on suspicious transactions are yet to be operationalised.
By STEVE MBOGO (email the author)

Posted Monday, July 4 2011 at 00:00

smbogo@ke.nationmedia.com
More than a dozen related companies and businessmen used Charterhouse Bank as a conduit for money laundering, a new report by a corruption watchdog says, even as lawyers warned that failure to prosecute the perpetrators could undermine Kenya’s sovereign rating.

More than a dozen related companies and businessmen used Charterhouse Bank as a conduit for money laundering, a new report by a corruption watchdog says, even as lawyers warned that failure to prosecute the perpetrators could undermine Kenya’s sovereign rating.

The report, which pieces together the complex network that the bank’s clients used to clean money, says Charterhouse deliberately let its customers open accounts without critical details like names, addresses or signatures – flouting the Know Your Customer regulations under which all commercial banks operate.

But the report by the Africa Centre for Open Governance also hits out at the Central Bank of Kenya, the financial services sector regulator, for failing to detect Charterhouse’s dubious operations for more than seven years.

The report, which has borrowed heavily from another one that forensic auditors prepared six years ago for the Central Bank, says incredibly huge sums of money were being deposited into some accounts in cash – enough to have caught the attention of any regulator, but the CBK turned a blind eye to it.

It gives the example of an account belonging to a businessman based in Butere, Western Kenya, that had a debit of Sh554 million and credit of Sh566 million over a 10 month period in 2006, clearly indicating that it was merely acting as a conduit for the money.

Even more telling is the fact that the money was being deposited in cash and there was no evidence of a business in Butere that could generate that kind of money in such a short period. The account had no details of what kind of business the holder dealt in.Further evidence that the bank was being used for illegal financial transactions lay in the fact that one account holder, Paolo Sattanino was paid from another account in the same bank $10,000 every day for 12 days. The transfers have been interpreted to mean the amount was kept low to escape having to account to the Central Bank on the source of the money. CBK requires that any foreign currency transfers of more than 10,000 dollars must be accompanied by an explanation of the source.

“Failure to prosecute those responsible means the government is rewarding crime and this affects our sovereign risk rating,” said constitutional lawyer Wachira Maina. The report also shows how two big retail chains used their accounts at Charterhouse Bank to launder money and evade taxes. It gives the example of a retail chain that was opened in 2001 and operated an account with a balance of Sh4.3 billion, but was not disclosed until 2003 in a suspected tax evasion scheme.

The supermarket’s estimated under declared sales to the tax man totalled Sh911 million, according to an audit report by PricewaterhouseCoopers.

Another retail chain had several transactions involving huge amounts of money that were not supported by any documents. The management told auditors that some of the documents were accidentally burnt.

The report faults the government for failure to prosecute people involved in what appears to have been a financial institution operating on the fringes of the law. CBK placed Charterhouse Bank under statutory management on June 23, 2006 after a run on the bank caused by an enquiry in Parliament.

The Parliamentary Committee on Finance, Planning and Trade, government and even Kenya Anti Corruption Commission (Kacc) officials have in the past given the bank a clean bill of health.

Kenya Revenue Authority Commissioner General Michael Waweru told the committee that the KRA had no objection to Charterhouse reopening, as did CBK Governor Njuguna Ndung’u and Kacc Deputy Director John Mutonyi.

Dr Mutonyi told the parliamentary committee that money laundering was not a crime by the time the transactions took place at Charterhouse Bank and therefore the perpetrators could not be prosecuted. But Mr Maina said the argument does not make sense because those involved should have been charged with other crimes like tax evasion.

“Charthouse’s is a classic example of failure of our governance system that gives an incentive to criminals with similar motives,” said Gladwell Otieno of Africa Centre for Open Governance.

Money laundering is now a crime under the Proceeds of Crime and Anti-Money Laundering Act that became active in June 2010 although some sections of it like the Financial Reporting Centre (FRC) that co-ordinates intelligence on suspicious transactions are yet to be operationalised

Link to article on riskbusiness.com website
More than a dozen related companies and businessmen used Charterhouse Bank as a conduit for money laundering, a new report by a corruption watchdog says, even as lawyers warned that failure to prosecute the perpetrators could undermine Kenya’s sovereign rating.

AN NGO has criticised the government for failing to take action against Charterhouse Bank, despite having evidence of malpractices African Centre for Open Governance boss Gladwell Otieno said this is an example of systemic failures of institutions in the country.

Otieno wondered why the CID, KACC, the Attorney General’s office, Treasury and KRA remain powerless although there is sufficient and strong evidence that Charterhouse violated the Banking Act and its clients were involved in highly suspicious activities. “These issues are slipping down the agenda and it is becoming characteristic of impunity in Kenya. If we don’t act now, Kenya will turn into a criminal haven,” Otieno said.

Three teams including Pricewaterhouse Coopers, Central Bank of Kenya’s due diligence team raised serious questions about operations at Charterhouse bank with indications that its clients were involved in both tax evasion and money laundering.

Crimes suspected to have been committed by Charterhouse bank by the three teams were identified as breach of the know your customer regulations, structuring or splitting deposits and payments, unusual large cash transactions and webs of related companies’ accounts.

She warned that Kenya’s failure to strengthen anti-money laundering laws will result in loss of investor confidence and risk becoming a transit point and haven for serious international crimes.

The Africog executive director said there was evidence that Charterhouse bank repeatedly flouted the Banking Act and prudential guidelines in complete disregard of CBK regulations and its licence should have been revoked.

According to the report, 839 accounts of the 1,004 accounts at Charterhouse bank had violated CBK’s guidelines because they missed basic customers details such as name, addresses, ID photo or signature cards. She said KRA owes the country an explanation about its investigations and action should be taken against tax evaders.

BY DOMINIC WABALA
AN NGO has criticised the government for failing to take action against Charterhouse Bank, despite having evidence of malpractices African Centre for Open Governance boss Gladwell Otieno said this is an example of systemic failures of institutions in the country.

The proprietor of Triton Petroleum Ltd Yagnesh Devani was arrested in London on Thursday.

“I can confirm that he was arrested earlier today and he has been remanded in custody,” the British High Commission in Kenya spokesperson, Mr John Bradshaw, said in Nairobi.

However, Mr Bradshaw said it was not yet known when the suspect would be extradited to face fraud charges.

“The court is yet to set the date for extradition hearing before he is brought back,” he said.

It is during that hearing that the formal request for extradition and all the supporting documents shall be put forward.

On Monday, a British minister assured the government that his country would hunt down Devani — the man behind the Sh7.6 billion Triton oil scandal — and extradite him to face justice in Kenya.

Earlier, the British minister asked the government to extradite Nambale MP Chris Okemo and former Kenya Power and Lighting Company boss Samuel Gichuru to the UK to face money-laundering charges.

Attorney General Amos Wako has submitted arrest warrants against Mr Okemo and Mr Gichuru to Chief Public Prosecutor Keriako Tobiko to start the extradition process.

Criminal procedure code

Mr Devani fled the country in 2009 following the Triton Oil scandal. The government sought the help of Interpol to track him down.

He had been charged in absentia for stealing Sh955,334,094 from Kenya Commercial Bank, and 26,216.60 tonnes of oil at the Kipevu storage facility in Mombasa valued at Sh1,532,272,140.

The criminal case against him was later withdrawn under Section 87 of the Criminal Procedure Code. This means the same charges can be brought against him again.

The scandal can be traced to 2008 when Triton Oil Company was allowed by Kenya Pipeline Company (KPC) to collect oil valued at Sh7.6 billion and sell it without permission of the financiers.

In the wake of the fuel shortage witnessed in 2008 and following complaints by oil marketers and financiers, KPC ordered an internal audit of oil stocks in its systems.

The audit revealed that stocks amounting to 126.4 million litres were irregularly released to Triton Petroleum Limited between November 2007 and November 2008.

Triton was not entitled to the stocks, nor did financiers authorise the release as required under contractual arrangements.

A July 2009 report by the African Centre for Open Governance (Africog) warned Mr Devani enjoyed good political connections.

“Triton’s executive chairman and managing director, Mr Yagnesh Mohanlal Devani has been described as a shrewd 43 year-old businessman who lives large and hobnobs with the high and mighty. A 2006 ceremony to open Triton’s LPG depot was attended by political bigwigs, including then Vice-President Moody Awori, several cabinet ministers, Hon. Raila Odinga, Hon. Uhuru Kenyatta, and several permanent secretaries,” Africog observed.

Mr Devani’s ties with the powers that be started during the Moi regime when Triton clinched the lucrative contract to supply petroleum products to the Kenya Power and Lighting Company several times.

Triton was also among the firms named in Parliament over allegations of money laundering. The firm is alleged to have received suspicious loans from Charterhouse Bank.

Mr Devani fled the country in 2009 and a warrant of his arrest issued.

Mr Devani was accused of stealing Sh2.7 billion from KCB.

The bank has also sued Triton for Sh2 billion for oil imports secured by the bank through debentures.

Several of his senior managers and workers including Mr Peter Kimathi, Mr William Mundia and Mr Sunil Somai were charged with criminal offences relating to the Sh7.6 billion oil scandal.

The directors, however, argued before court that they could not take plea on behalf of the company, and on Thursday a Nairobi court ruled that the three would not be facing criminal charges.

By PATRICK MAYOYO pmayoyo@ke.nationmedia.com and WALTER MENYA wmenya@ke.nationmedia.com

Link to Story in the Daily Nation

The proprietor of Triton Petroleum Ltd Yagnesh Devani was arrested in London on Thursday.

“I can confirm that he was arrested earlier today and he has been remanded in custody,” the British High Commission in Kenya spokesperson, Mr John Bradshaw, said in Nairobi.

However, Mr Bradshaw said it was not yet known when the suspect would be extradited to face fraud charges.

As the reality of yet another drought sets in, fears of a repeat of past cases of mismanagement loom. The post-election violence led to a significant reduction of the area under maize production. This was exacerbated by high prices of farm inputs including fertilisers and fuel and the 1.6 million bag deficit in the Strategic Grain Reserve.

All these factors combined to put the country in a precarious position in the event of famine.

Ironically, similar circumstances are with us today, circumstances that facilitated the infamous maize scam of 2008 that saw the National Cereals and Produce Board (NCPB) sell maize to politically connected companies and individuals at a subsidised price.

The laudable intention then was to reduce the retail price of milled grain for consumers.

However, NCPB decided to sell the maize to middlemen, who in turn sold it to millers at exorbitant prices. This only served to deepen the food crisis as the price of maize flour soared.

The World Food Programme in 2010 predicted that the La Niña weather phenomenon would impact negatively on the October to December short rains, thereby resulting in declining food security levels for up to 1.6 million Kenyans.

The current drought in the arid districts of northern Kenya has again highlighted the government’s lack of disaster preparedness.

It knew that serious consequences would follow the poor rains of the October to December season, yet the authorities seem to have been caught off-guard. Poor planning and grain storage systems have seen famine intensify.

The stage appears set for a repeat of the 2008 maize scandal. A key aspect of the governance weaknesses that facilitated the maize scam was the mixed mandate of the NCPB, which allowed wide discretionary powers, especially those accorded to the minister.

Despite this, no lessons seem to have been learned and the recommendations made to avoid a repeat of the scandal have been ignored.

The government retains extensive discretionary powers over the NCPB and management of the grains sector. This has seen the NCPB’s management structures and operations exposed to political influence, particularly when it is charged with administering subsidised schemes or distributing relief food.

Although KACC recommended disciplinary action against the public officials deemed to have been negligent in their duties, no criminal or administrative proceedings were brought against them.

The permanent secretaries in the relevant ministries were suspended, but were later reinstated. Even the then minister for Agriculture survived a censure motion in Parliament.

Several key politicians and businessmen were investigated in connection with the scandal but no action was taken.

In these circumstances, the importance of improved governance cannot be overstated. It would be foolhardy to expect different results, given that the current situation seems to be a replica of what preceded the 2008 fiasco.

Operations at the National Cereals and Produce Board remain the same, just waiting to provide a loophole to unscrupulous middlemen to make astronomical profits by buying and hoarding maize, only to release it at the height of famine.

The NCPB mandate allows it to engage in commercial activities like any private player in the industry and at the same time carry out certain social responsibilities on behalf of the government.

These include procuring supplies for and managing the Strategic Grain Reserve and emergency relief aid stock.

This mixing of functions makes it difficult to distinguish between SGR, commercial, and famine relief stocks and opens the way for improper dealings.

Before the government implements any new scheme to deal with the upcoming famine or any form of subsidy, the NCPB governance structure should be amended to make it more accountable and transparent to public scrutiny.

Its mandate should also be reformed and its public social duties separated from its commercial functions. Until comprehensive reforms are done, the NCPB will remain prone to manipulation by commercial and political interests.

Mr Wanguhu is a programme officer at the Africa Centre for Open Governance. The opinions contained in this article do not necessarily reflect those of the organisation.

Link to the Article in the Daily Nation
As the reality of yet another drought sets in, fears of a repeat of past cases of mismanagement loom. The post-election violence led to a significant reduction of the area under maize production. This was exacerbated by high prices of farm inputs including fertilisers and fuel and the 1.6 million bag deficit in the Strategic Grain Reserve.

September 1, 2009, Nairobi: Parliament has been urged to deny the Kenya Anti-Corruption Commission funds to run its affairs. The call was made by anti-corruption lobby groups as outrage over Justice Aaron Ringera’s reappointment intensified.

Terming the president’s decision to re-appoint Mr Ringera and his deputies, Ms Fatuma Sichale and Smokin Wanjala as a “reward to ineptitude and complicity with corruption,” Transparency International country director Job Ogonda and Ms Gladwell Otieno from the African Centre for Open Governance demanded that Parliament and the KACC advisory board act fast to reverse the move.

They argued that by reappointing Ringera and his team, President Kibaki had flouted the law that vests powers to identify and recommend KACC directors for appointment in the commission’s Advisory Board and Parliament. The law only allows the President to formally appoint persons recommended and approved by the KACC advisory board and Parliament respectively.

“The Anti-Corruption and Economic Crimes Act, 2003, clearly stipulates a chain of events leading to the appointment of the director. This gives to the Advisory Board of the Commission and not to the President, the power to recommend the director. Thereafter the nominee must be approved by parliament. Only then should the President appoint the director,” the lobbyists said.

They demanded that Parliament shoots down the vote relating to the commission’s finances if the president fails to reverse his decision which it termed “mischievous”.

Under the new standing orders adopted by the House last December, Parliament can reject the votes for various ministries, government departments and agencies or even government officials whose performance it deems as unsatisfactory.

Such a move would financially cripple the affected government agency or official. Speaking at a press conference, lawyer Harun Ndubi urged Parliament to exploit its powers to deny KACC funds. “Parliament is capable of refusing to give this commission funds because it is moribund,’ said Mr Ndubi.

The lobbyists accused the president of acting with impunity by reappointing Ringera and his team against the law, noting that the move greatly undermined the independence of the commission.
“By unilaterally purporting to reappoint Ringera, Mwai Kibaki has attempted to deal the independence of the Commission and its advisory board the decisive death-blow,” said Ms Otieno.
“Aaron Ringera, who has in any case never attempted to demonstrate any independence from the Executive will now be even more clearly beholden to the president who has re-appointed him to his, slightly less lucrative, but nonetheless apparently still desirable post,” she went on.

The lobbyists recalled that the President had previously treated the KACC advisory board with contempt
and challenge it to redeem itself by rejecting Mr Ringera’s re-appointment.

They cited the President’s move to exclude the name of former Mandera Central MP Billow Kerrow when he announced the new members of the board in June this year.

Download Press Clipping Here
September 1, 2009, Nairobi: Parliament has been urged to deny the Kenya Anti-Corruption Commission funds to run its affairs. The call was made by anti-corruption lobby groups as outrage over Justice Aaron Ringera’s reappointment intensified.

The success or failure of the nation’s land reform process will hinge on the outcome of the current drive to evict people who have settled in the Mau, according to a new report.

It further says failure to carry through with the Mau evictions will put the entire national reconciliation process in danger of failure because of the centrality of land as one of the perceived causes of the post-election violence.

New report

The report commissioned by the African Centre for Open Governance (Africog) says implementation of the evictions in the Mau, which was one of the proposals made by the Commission of Inquiry into Illegal Allocation of Public Land (popularly known as the Ndung’u Commission), will prove whether there is political will to carry through with the reform agenda.

The Mau Forest controversy has dominated headlines in the past week with Cabinet ministers divided on how to carry out evictions from one of the region’s most important water catchment areas.

But the new report, Mission impossible?: Implementing the Ndung’u Report, warns that politicising the process will endanger the implementation of the far-reaching changes proposed by the Ndung’u Commission.

The commission’s findings, published in 2004, inform a large part of the draft national land policy recently approved by the Cabinet and also tally with the findings of the Mau Forest task force appointed by Prime Minister Raila Odinga.

Land and discontent over its distribution and ownership was a driving factor of the post-2007 election violence, the Africog report reads in part.

Not implementing the Ndung’u recommendations means that misuse of public land and the resultant damage – economic, environmental and socio-political – continues unchecked. This could fuel greater violence in 2012.

Among the sections of the Ndung’u Report civil society organisations want implemented fast are those dealing with allocation of forestlands, game reserves, wetlands and other protected areas.

Wide abuse

The Ndung’u Commission found that there had been wide abuse of presidential discretion in apportioning land particularly in protected areas. It called for the immediate cancellation of all these allocations.

However, it also recommended that some form of compensation be given to third parties who bought land from people who had abused their positions in government to gain titles to protected areas, a proposal also backed by the PM’s task force on land.

Speaking at the launch of the Africog report, former chairman of the Institution of Surveyors of Kenya Ibrahim Mwathane said full implementation of the national land policy was essential to safeguarding Kenya’s future.

By SUNDAY NATION Team

The success or failure of the nation’s land reform process will hinge on the outcome of the current drive to evict people who have settled in the Mau, according to a new report.

It further says failure to carry through with the Mau evictions will put the entire national reconciliation process in danger of failure because of the centrality of land as one of the perceived causes of the post-election violence.

Reports of a generous send-off package for the former commissioners of the defunct Electoral Commission of Kenya are the latest example of a lack of real recognition by government of the precarious situation in which Kenya finds itself.

As holders of high constitutional office, the remuneration of the commissioners cannot be varied to the disadvantage of the holder of the office.

However, it is unlikely that their original terms of service would have contemplated the unprecedented basis on which these payments are being negotiated, and at a time when they are no longer in office.

It is regrettable that investigating and establishing the culpability, or lack of it, of the commissioners in relation to alleged electoral fraud, is not being prioritised in the same way as the payments.

This is despite the Attorney-General’s directive to the Commissioner of Police last November to “carry out comprehensively and expeditiously criminal investigations into suspected offences alleged to have been committed by the chairman, the vice-chairman, commissioners and specified staff of the Electoral Commission of Kenya (…)” in response to a complaint by Kenyans for Peace with Truth and Justice (KPTJ).

THE CONCLUSION BY THE KRIEGLER Commission (IREC) last September can safely be qualified as cursory. However, IREC also made valuable recommendations on radical reforms and the creation of a new electoral management body “with a new name, image and ethos committed to administrative excellence in the service of electoral integrity…”.

But instead of a fresh start capable of renewing Kenyans’ deeply damaged confidence in elections as a cornerstone of democracy, what we have seen is the unrepentant arrogance of former commissioners and the shambolic process of establishing an Interim Independent Electoral Commission.

It is difficult to see how the granting of generous financial rewards to commissioners can contribute to fostering a culture of excellence and accountability in a future electoral management body.

On the contrary, the message going out is that no matter how dismal, negligent or even criminal your performance may be, you will not only never be held to account for it, you will be amply rewarded.

As reported in the Africa Centre for Open Governance’s new publication, Free for All? the reports of the Controller and Auditor-General show the numerous economic and political governance challenges that plagued the ECK.

Chief among these is the political patronage that led to a pervasive culture of impunity in spending both at the Nairobi headquarters and at district offices.

Between 1991/92 and 2006/07, the ECK was entrusted with Sh15.8 billion with which to undertake various electoral activities. During that period, Kenya held three general elections at regular five-year intervals, the 2005 referendum, and a number of by-elections.

In various reports, the auditor took issue with how the ECK spent more than Sh1.93 billion – roughly 12 per cent of its disbursement for the period.

The most blatant improprieties at the ECK during this period were perpetrated by the commissioners themselves. Over a span of seven years from 1991, commissioners were direct beneficiaries of questionable expenditure amounting to over Sh148 million through irregularly-paid sitting and subsistence allowances, and wasteful hire of cars.

So frivolous was the management of funds that it was common practice for ECK commissioners to pay themselves sitting allowances while also receiving subsistence allowances for every day of the year including Saturdays, Sundays and public holidays, and in some instances, when they were out of the country.

A commissioner who received an unauthorised Sh926,600 ex-gratia refund of medical and travel expenses for treatment at a Nairobi hospital and abroad, also received full sitting and subsistence allowances while incapacitated.

The ECK provided no explanation as to why subsistence allowances – paid to enable an officer to “subsist” away from his or her duty station – were paid together with sitting allowances.

WHEN PUT TO TASK BY THE PARLIA-mentary Accounts Committee regarding these irregularities, the accounting officer’s explanation was that it is the ECK’s prerogative to decide whether or not to maintain records of its meetings.

The officer explained that since ECK meetings had no quorum, a sitting can be by one or two members, or the whole commission; which justifies payment of sitting allowances for 365 days. Between 1997 and 2003, the auditor estimated that Sh29.4 million was probably lost.

The radical reforms recommended in the Kriegler Report highlight the need for overall administrative reforms. For a new electoral body to effectively execute its mandate, the requisite administrative and governance structures must be in place to minimise opportunities for corruption and abuse of power.

By GLADWELL OTIENO

Ms Otieno is the executive director, Africa Centre for Open Governance (AfriCOG).
Reports of a generous send-off package for the former commissioners of the defunct Electoral Commission of Kenya are the latest example of a lack of real recognition by government of the precarious situation in which Kenya finds itself.

As the government prepares to hand severance pay to members of the defunct Electoral Commission of Kenya, a new report says its bosses lived like kings as they managed some of the most costly elections in the world.

The report, based on an analysis of government audit reports, says that the ECK grossly mismanaged funds it was allocated.

The Controller and Auditor-General took issue with how ECK spent Sh1.93 billion of the Sh15.8 billion it was given between 1991 and 2007. This amount would have provided Kenyans with 193 fully equipped dispensaries or 64 fully equipped health centres.

The analysis by the Africa Centre for Open Governance (Africog) indicates that ECK commissioners were irregularly paid Sh219 million, which could have paid for and equipped 22 dispensaries or seven health centres.

The report shows that the commissioners were, for instance, paid thousands of shillings every month in sitting allowances even when they did not attend meetings.

The reports from the offices of the Controller and Auditor-General say the former ECK chairman and his deputy received monthly sitting allowances of Sh63,00 and Sh42,000 respectively.

A senior ECK official, who appeared before the Parliamentary Accounts Committee in 1996, said it was the commission’s prerogative to decide whether to maintain records of its own meetings.

“The officer explained that since ECK meetings had no quorum, a sitting can be by one member, two members or the whole commission; which justifies the payment of sitting allowances for the 365 days of the year,” read the report.

Ex-gratia refund

The Africog analysis adds that a commissioner who received Sh926,600 ex-gratia refund of medical and travel expenses for treatment at a Nairobi hospital and abroad also received full sitting and subsistence allowance for the same period.

The auditors found numerous cases where allowances were paid when the authenticity of the claims could not be confirmed.

By 1996, the commissioners had received Sh29.7 million in undeserved sitting and subsistence allowances while irregular payments of accommodation expenses totalled Sh33.79 million from 1993 to 1997.

The Africog report faults the procurement of spares, fuel and stores. It notes that orders for 334 polling booths worth Sh2.04 million were placed in January 1998, while elections had taken place in December 1997. ECK was headed by Zaccheus Chesoni and Samuel Kivuitu during the period under review.

Not only did commissioners get undeserved allowances but they were also driven in top-of-the-range vehicles. In the 1996/97 financial year, ECK purchased 12 four-wheel-drive Land Rover Discoveries at Sh29.7 million. This was half of what the commission was using for “unnecessary hire of cars for the commissioners”.

“At the average rate of Sh2.5 million per vehicle, the amounts spent on hiring luxury vehicles during the 1996/97 financial year could have bought another 13 such vehicles,” reads the Africog analysis.

The Kriegler team, which examined the 2007 elections and recommended that ECK be wound up, questioned the commission’s financial efficiency in comparison to the cost of running elections in the rest of the world.

The team reported that elections cost $1-3 (Sh80-240) per elector in the United States and most European countries. In most African countries, the cost ranges between Sh60 and Sh250. According to the Kriegler report, the cost of the 2007 election in Kenya was $13.74 (Sh1,100) per voter.

In November 2008, Sunday Nation reported that ECK paid Sh110 million for T-shirts that were never used during the 2007 election. The Public Procurement Oversight Authority also queried the decision of ECK to approve single sourcing for some Sh3.5 million in key services.

Tax-free pay

The 21 ECK commissioners were among the best paid civil servants in Kenya, each earning about Sh400,000 in salary and allowances, while Mr Kivuitu earned Sh513,000 in salary and allowances. The pay was tax-free.

The commissioners were entitled to a security officer, a driver, a cook and a house allowance of up to Sh50,000. In February, the Cabinet approved a Sh68,701,260 sendoff package for former commissioners.

As Kenya gears up for electoral reforms, Africog advises that voter registration be linked to other population databases such as that used for issuing national identity cards.

“Measures must be taken to ensure that members of the Parliamentary (sic) Accounts Committee and Public Investments Committee are beyond reproach by amending standing orders to bar anyone with an unresolved public audit query from sitting on the committees,” reads the report.

By OLIVER MATHENGE
As the government prepares to hand severance pay to members of the defunct Electoral Commission of Kenya, a new report says its bosses lived like kings as they managed some of the most costly elections in the world.