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The Kenya Forum


For Kenyans Everywhere
Part Three: Sept-Dec 2011
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Table of Contents Part Three


KENYANS! JOIN THE CONSUMER REVOLUTION! STAY CONNECTED WORK IS WORK AND INTELLIGENCE IS LIKE HAIR: THE PECULIAR KENYAN BUSINESS ACUMEN 4 GEORGE W. BUSH JR AFRICAS UNLIKELY HERO? 7 INFORMATION ON LAND JUST A CLICK AWAY 9 SORRY, WRONG NUMBER... 10 IN KENYA, INTERNET ADDICTION BEATS DRUGS AND ALCOHOL ABUSE 13 NO-NONSENSE JUDGE OMBIJA? 17 KENYAN JUDGE ORDERS BASHIRS ARREST ITS MORE THAN JUST A LEGAL RULING 18 KENYA FORUM NOVEMBER REVIEW 21 THE MAGIC OF DIASPORAS CHALLENGING LESSONS FOR THE NEW KENYA? 23 HOLES IN THE ROAD IS THE GOVERNMENT LOOKING INTO THEM? 26 THE INFORMATION SUPER HIGHWAY KENYAS NOT ON THE SLIP ROAD 28 THE GREAT DEMOLITION DERBY - HAS THE KENYAN TITLE DEED LOST ITS VALUE? 30 WHATS IN A NAME? ODM-KENYA BECOMES WIPER DEMOCRATIC PARTY 33 IRRIGATION AND AN END TO FOOD RELIEF 34 WORLD TOILET DAY DONT LAUGH, THIS SH!T IS SERIOUS 36 HOW SMART IS YOUR 'PHONE? 39 FORBES MAGAZINE: THE 40 RICHEST AFRICANS 43 KENYA: SAFE HAVEN FOR DRUG BARONS? 45 KENYANS ALL YOU NEED IS ENVY! 48 DIABETES IN KENYA - HOPE IN THE MIDST OF THE INFLATIONARY STORM 50 THE SUNDAY NATION, DR JASON KAVITI AND THE MURDER OF DR ROBERT OUKO 52 AHMEDNASIR ABDULLAHI AFFLICTING THE COMFORTABLE? 53 KENYA'S ONLINE DREAMS... 57 RUSSIAS VLADIMIR PUTIN ANOTHER INDISPENSABLE LEADER 59 A STRIKE A DAY KEEPS THE GOVERNMENT AWAKE 63 PRIME MINISTER DAVID CAMERON, THE GAY ISSUE AND AFRICA 65 A CUT ABOVE THE REST: MALE CIRCUMCISION IN KENYA 68 AL-SHABAAB: HOW REAL IS THE TERROR THREAT IN KENYA AND WHAT SHOULD BE DONE FOR INTERNAL SECURITY? 69 OPERATION LINDA NCHI: ASSESSING KENYAS MILITARY ACTION IN SOMALIA 72 NEXT POSTING... 75 Kenya Football Association: New dawn or just a name change? 75 KENYAS TOXIC GIFT TO THE STARVING 76 SEE YOU IN COURT: KENYAN WIVES FLEX THEIR MUSCLES 78 WHAT ON EARTH ARE WE GOING TO DO WITH SEVEN BILLION PEOPLE? 81 KENYA FORUM OCTOBER REVIEW 86 THE INTERNET, POWER AND RESPONSIBILITY: THE LESSONS TO LEARN FROM RAILA ODINGAS OFFICIAL BLOG 89 LITERALLY, ILLITERACY AND STRANGE REPORTS 94 THE OLDEST PROFESSION AND THE PRICE OF TEA 96 DR JASON KAVITI, RIP? 98 KENYAS EDUCATION SYSTEM GOES DIGITAL CHEATS BEWARE! 102

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RESURFACE OF THE UGLY DERBY: AFC LEOPARDS VS GOR MAHIA! 104 KENYAS VITAL STATISTICS: WHAT SHAPE ARE WE IN? 107 THERE IS A SOLUTION IN SOMALIA 110 OPERATION LINDA NCHI: KENYA GOES TO WAR IN SOMALIA 112 ARE KENYANS HAVING MORE SEX OR GETTING MORE SENSE? 114 REASONS TO BE CHEERFUL and why Kenyans should take pride in their country 116 WOMEN IN KENYA: WHAT DO THEY KNOW OF THE NEW CONSTITUTION? 119 Genetic testing in Kenya: Dads Not Around? 122 KENYAFORUM NOW MOBILE... 124 BRANDING KENYA AND THE CRISIS ON THE COAST 124 KENYAS POLITICAL MACHINATIONS MORE DECORUM PLEASE 127 WHEN CHINA MET AFRICA: KENYA AND THE WAKING DRAGON 130 CORRUPTION AND THE CORRUPTION COMMISSIONS: WHO IS INVESTIGATING WHOM? 133 KENYA AND THE WORLD IS iSAD: STEVE JOBS 1955-2011 134 KENYAS EL CLASICO AFC LEOPARDS VS GOR MAHIA 137 EDUCATION IN KENYA: MORE TEXTBOOKS NEEDED NOT MORE VAT 140 THE PRICE OF PIRACY 142 SANITARY TOWELS ARE A SERIOUS [EDUCATION] ISSUE (PART 2) 146 STATE TURNS A DEAF EAR 147 KENYAS NATIONAL POLICE SERVICE ACT: TOUGH LAWS FOR LAW ENFORCERS OR CARRY ON REGARDLESS? 150 KENYA FORUM SEPTEMBER REVIEW: 152 ZAMBIAS ELECTION OF KING COBRA AND SOME LESSONS FOR KENYA 156 WANGARI MAATHAI: AN INSPIRATIONAL WOMAN AND CAMPAIGNER 158 HAMMARSKJOLD, THE HAGUE AND THE ELVIS FACTOR 160 MAY THE BEST WOMAN WIN? 163 MOMBASA SHARK ATTACK: MEDIA RESPONSIBILITY AND MEDICAL CARE 165 FEMALE GENITAL MUTILATION (FGM): BANNING THE BARBARIC CUT 168 THE GRIM REAPERS TERRIBLE KENYAN HARVEST 170 SUFFER NOT THE LITTLE CHILDREN: MULTIPLE REPORTS OF THE SEXUAL DEFILEMENT OF MINORS IN KENYA GIVE GRAVE CAUSE FOR CONCERN 173 MARRIAGE, SEX AND THE SINGLE WOMAN KENYA STYLE 174 THE KENYAN HUMAN RIGHTS COMMISSION (KHRC) REPORT NEW KENYA DEMANDS MORE, THE NEW CONSTITUTION REQUIRES MORE 177 THE KENYAN HUMAN RIGHTS COMMISSION REPORT (PART 5) - KILIKU, AKIWUMI, TRIBAL CLASHES AND THE FACES OF IMPUNITY 179 THE KENYAN HUMAN RIGHTS COMMISSION REPORT (PART 4) LEST WE FORGET: TROONS FINAL REPORT WAS FATALLY FLAWED 183 THE KENYAN HUMAN RIGHTS COMMISSION REPORT (PART 3) - LEST WE FORGET: PAST INQUIRIES AND IMPUNITY 188 THE KENYAN HUMAN RIGHTS COMMISSION REPORT (PART 2) METHODOLOGY, OMISSIONS, THE CONSTITUTION AND CIVIL SOCIETY 192 THE FORUM HASNT FORGOTTEN: THE KENYAN HUMAN RIGHTS COMMISSION REPORT (PART 1) 194 THE STORY SO FAR: MATATUS, LYNCHING, THE KCC AND NCC 195

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KENYANS! JOIN THE CONSUMER REVOLUTION! STAY CONNECTED

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Kenyans know the feeling. Youre at an airport, a bank, a service station, on the road, or often just at home, and it all goes wrong through no fault of your own. You stand there in the queue, on the forecourt, the roadside, or in the dark and wonder if its corruption, incompetence or that they just dont care that leads to these daily frustrations. Its the feeling of helplessness that is perhaps the worst emotion that these everyday occurrences give rise to. You could complain but what will be the result? Nothing will be done, whats the point? You know nobodys really going to do much about the problem and no one will take responsibility. And to add to it all, you know you are being ripped off. SCARCITY AND RESPONSIBILITY

Ksh 4800 - supply and demand or created scarcity?

Once it was maize. Export the maize surplus, create scarcity in Kenya, drive up the price, make a killing and never mind that people may have died in the process. In May of this year the petrol pumps ran dry, traffic was brought to a standstill as people queued in cars, trucks and matatus. The fuel suppliers blamed the pipeline company, the government blamed them both and they both then blamed the government. The country ground to a halt but someone made money out of it and to hell with the inconvenience. Corruption? Incompetence? Both? (See Forum posting, Fuelling controversy and why the pumps ran dry, May 9). At present its cooking gas that is in short supply. Two years ago you could get a canister of gas for Sh1,650 that will now cost you Sh4,800. The Energy Regulatory Commission now say they will introduce caps on cooking gas prices once a new import handling facility is finished next year.

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The Business Daily blamed middlemen and speculation by oil marketers for the shortages and subsequent price hikes. The cartels blamed increased demand and lack of storage capacity. They all apportioned blame but no one took responsibility. POWER AND RESPONSIBILITY

Who put the lights out?

48 years after independence (on Monday) the Kenya Power and Lighting Company (KPLC) cant keep the lights on in our capital city. Power cuts are a daily reality for Nairobis inhabitants and of course many, many more Kenyans have no access to electricity at all. Yet at least the KPLC do have a 24 hour helpline (0732 111 680). You can call them up and they will tell, youre right, theres a power cut in your area. At least you get it confirmed. Other set ups make a show of helping their customers but its just a show. Again, nothing really happens and no one takes responsibility. THEYRE HERE TO HELP? The Kenya Airports Authority (KAA) has a help desk. On one occasion this Forum correspondent was waiting at Jomo Kenyatta International Airport to pick up a friend. The runway lights had failed (again) and planes were stranded all over the East Africa region. KAAs help desk was handing out slips of paper with a phone number on them. Locals soon noticed that the number was one digit short. Cant help that was the response of the only person on the desk, thats the number weve been given. Shortly afterwards KAA won the Best Airport in Africa award. (Longer term readers may recall we addressed this subject in a posting entitled Ask a silly question, July 22). Well at least the KAA handed out a phone number, even if it didnt work. Stranded again last week, this time at Julius Nyerere International Airport this correspondent approached the Tanzanian Airport Authority representative nearby. We have a help desk just there, she said. Theres no one on it, I said. I know she said but it is the help desk. THE 17:20 FLY 540 FLIGHT THAT LEFT AT 23:50

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No fly zone?

And why was this poor hack stranded in the first place? Because much against my better judgement I had been prevailed upon to accept a flight ticket on the Fly 540 airline and the Fly 540 flight due out at 17.20 only finally departed at 23.50. The posse of disgruntled passengers, all of whom seemed to have experienced this problem with 540 before, all of whom said they had never even had a recognition from 540 that they had failed there customers, and all of whom vowed never to fly with them again, rebelled. The representative from Fly 540 said he was going to find out what was happening. He didnt come back. Later another Fly 540 representative turned up. No, he didnt know who the manger was. No, he didnt know where his office was. Well yes, he did know where the office was but he wasnt authorised to say where. Anyway, he said, the flight will leave at 20.30. Then it was 21.40. Then 23.00 As so often happens, one feels helpless and hopeless. But there is hope and there is, at least in part, a solution dear Forum readers, and we are all part of it. KENYANS CONNECTED WILL NEVER BE DEFEATED Writing in the Sunday Nation (Social media causing consumer revolution, November 27) the excellent Mr Sunny Bindra noted that where as once upon a time businesses could get away could get away with being bad to customers, or neglecting them, now, in the days of websites, Twitter, Facebook, YouTube and all, everyone is connected to everyone else. And bad news travels fast. Kenyan CEOs, start paying attention here, wrote Sunny Bindra. Quite right too Sunny. Oh, and by the way, just in case youve ever had, or have a problem with them, the CEO of Fly 540 is a Mr Neil Steffen and his email address is neil.steffen@fly540.com . Do get in touch, pass it on, and stay connected.

WORK IS WORK AND INTELLIGENCE IS LIKE HAIR: THE PECULIAR

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KENYAN BUSINESS ACUMEN

Nairobi hawkers - You want it you got it!

When it comes to creativity and innovation, Kenyans have always stood out among their counterparts in East Africa. Ask a Tanzanian what he or she thinks about Kenyans and one word will invariably crop up in the description aggressive. Well, not in a hostile way but yes, Kenyans are aggressive and the Kenyan youth seem to be taking this aggression cum opportunism to higher levels especially where making a shilling is concerned. The slogan kazi ni kazi meaning, work is work is commonly used in the streets of Nairobi by hustlers, as they prefer to call themselves, and it is being played out by the Kenyan youth who are cashing in on even on the most bizarre circumstances all in the name of kazi. Even though they have refused to leave the streets and keep engaging the city council in running battles, there is something quite intriguing about the hawkers on Nairobis streets. They seem to have what you need exactly when you need it. Otherwise how would you explain a scenario where a hawker has been selling, for example, CD wallets or even fruits all afternoon, then all of a sudden there is a down pour thanks to the unpredictable weather nowadays, and the initial merchandise is miraculously replaced by umbrellas and scarves, all in a blink of an eye. The speed at which the change of business happens is want many find incredible. KITU KIDOGO Still on the subject of the weather, driving along Kenyan roads on a rainy day is every motorists nightmare thanks to the bad state of the roads. If you are new in Nairobi and you your car happens to stall, or one of the tyres gets jammed in an uncovered manhole, you might start commending the number of young men who will rush to your rescue for being helpful, only for you to realize when the job is done, that they were not just good Samaritans but men in business. You will have to part with kitu kidogo to cater for the services, after all we say, hakuna cha bure, meaning nothing comes free in Kenya, a statement borrowed from the

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retired President Daniel Arap Moi but which has since been constantly misused. You will be stunned to find out that these good Samaritans dont just appear out of the blue, they are real men at work who hover around the open manholes for hours, especially when it rains, hoping that business will be good on that particular day. Its alleged that there are even specific groups who own different manholes in the Eastleigh estate and around Ngara. HUMAN FLIGHTS If you read the Standard yesterday, some photos of two women piggybacking on some young men may have caught your attention. The women, who were probably heading to work were in a matatu, had reached their destination but the flooded roads would not allow them disembark. Lucky for them, human flights came in handy. All they had to do was part with 20sh and they were ferried across the flooded road. Size matters though in this case, and those who might be considered plus size would be required to part with a few extra coins. A BUS TO BABU? NO PROBLEM Early this year, multitudes of people from different parts of Africa, estimated at over 10,000 every day, flocked to the village of Loliondo (about 400km from the town of Arusha, north-eastern Tanzania) following news that a cup of a secret herbal concoction administered by a retired Lutheran pastor Ambilikile Mwasapile, in addition to special prayers, was able to cure chronic diseases such as diabetes, cancer, TB and Aids. The story, which received massive airtime especially in the Kenyan media, saw flocks of people from all walks of life set off to the remote village of Loliondo by any means possible. Some landed in choppers, others in vehicles and on bicycles, and some walked to see Babu as the REV is locally known. So how did Kenyans cash in on this one? Well, our business minded brothers in the transport sector introduced a new route to their fleet the Loliondo Express. All one had to do was to book a ticket and the buses would ferry them all the way to the magical land of Loliondo. One question that ran through observant minds was when and how did these people discover the route to this remote village that even most Tanzanians had not heard of before? Thats not all, the most intriguing bit about the Loliondo saga is that it created a job opportunity for a group of young Kenyans who set off to the magic land, not to get a cup of babus magical cure, but to queue on behalf of someone else for pay. Its alleged that the queues were extremely long and that the traffic jam to babus place stretched to 12kilometers. As a result people had to camp there for days awaiting their turn for an audience. Well, getting a job in Kenya is no easy task and a story carried in one of the local dailies a few months ago revealed that a section of Kenyans have resorted to looking for vacancies in the DEATH AND FUNERAL pages of newspapers. Tough times call for drastic measures, and as a common Swahili saying goes, Akili ni

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nywele,kila mtu ana zake, which translates to, Intelligence is like hair, everyone has their own type. Thats Kenyans for you, making using of every strand of hair on their heads.

GEORGE W. BUSH JR AFRICAS UNLIKELY HERO?

Former US President George W. Bush meets Tanzanian President Jakaya Kikwete

Pulling up in a taxi to the Kilimanjaro Hotel overlooking the port in Dar es Salaams last Thursday afternoon after a hot dusty struggle through the industrial area of the city from Julius Nyerere Airport, this Kenya Forum correspondent was struck by the unusually heavy security laid on at the hotels entrance: a threat from Al-Shabaab or Al-Qaeda perhaps? No, it wasnt a terrorist threat that had led to the thick-necked guys with wires coming out of their ears and bulges in their pockets prowling the hotel, it was World AIDS day and former US President George W. Bush was in town. Bush flew into Dar es Salaam with his wife Laura as part of tour that included visits to Ethiopia and Zambia, to be met by Tanzanias President Jakaya Kikwete and his wife Salama. A photograph of the two First Ladies greeting each other, their husbands looking on, appeared on the front page of Tanzanias Daily News under the headline JK: Were winning AIDS war. President Kikwete, George Bush Jr at his side, told the awaiting press and dignitaries that Tanzania had recorded significant achievements in the fight against the scourge of AIDS. Transmission rates had fallen from 18 per cent in the 1990s to 5.7 per cent, he said, with 13

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million Tanzanians undergoing voluntary counseling and testing since July 2007. (That still leaves 1.3 million Tanzanians living with AIDS and last year some 86,000 people in that country are believed to have died of the disease). Its a similar position in Kenya. Depending on which figures you believe there are between 1.2 and 1.5 million people infected with HIV in Kenya but infection rates are falling and those receiving antiretroviral therapy have increased to 460,000 patients at present. The Kenyan government announced on November 22 that it intends to roll out a countrywide programme that will increase this figure to 1.2 million. Medical Services Minister Anyang Nyongo, speaking at the launch of Guideline for anti-retroviral therapy in Kenya, said his ministry was committed to providing HIV care and treatment and that measures were being put in place but as to concrete details as to how this was to be done he appeared to have little to say. President Barrack Obama, speaking at a celebrity studded World AIDS Day event back in the USA, vowed to boost US efforts to fight AIDS with a new target of providing treatment to 6 million people worldwide up to 2013, up from a target of 4 million. It was an increase in the target, note. President Obama said, We can beat this disease. We can win this fight. We just have to keep at it. It sounded great, you can just hear him saying it, cant you. He talked of the need to keep refining our strategy, he called on China to step up as a major donor, and he credited his Republican predecessor, George W. Bush, for his efforts in combating AIDs. PEPFAR It was the $15 billion Presidents Emergency Plan for AIDS relief (PEPFAR) launched in 2004 that is in large measure why George Bush Jr is held in much higher regard in Sub-Saharan Africa than his many detractors would care to think or admit. The British left-wing newspaper The Guardian, not at all a natural supporter of any US President with the surname Bush, that in 2008 described PEPFAR as a revolution that is transforming healthcare in Africa and an aid programme that has been praised as the most significant since the end of colonialism. The headline for the article was, George Bush: a good man in Africa and referred to him in the sub-headline as an unlikely hero to the poor of a continent ravaged by Aids. OBAMAS LEGACY? You may not like George Walker Bush Jr, many people dont, Amnesty International have been trying to get him arrested for crimes against humanity on his latest African sojourn, but The Guardian had a point. Bill Clintons legacy in Africa was the debacle of Somalia and the abandonment of Rwandas Tutsis to the 1994 genocide, The Guardians article by Chris McGreal, declared.

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Bill Clinton sounded and looked better, Barrack Obama sounds and looks better, but Bush has surely done more for Africa than either of them. And the Kenya Forum has another point arising from Bushs visit, or rather a question. What will Barrack Obamas legacy be to Africa?

INFORMATION ON LAND JUST A CLICK AWAY

Ministry of Lands - Soon to be corrupt free?

A motion introduced by Emuhaya MP Wilbur Ottichilo and passed by fellow MPS on Wednesday to have the government establish a web-based system to contain information on all land parcels and their status across the country, will at least if implemented spare Kenyans from falling prey to fraudsters who end up selling them public land. The system will provide a forum whereby logging onto a website, Kenyans will be able to see if a certain parcel of land is in private or public possession. It will also show which land is registered, under whom it is registered and whether it can be sold to private developers or not. MINISTRY OF LANDS CORRUPTION Unscrupulous officers in the Ministry of Lands in collaboration with outside cartels have sold of government land to unsuspecting members of public, only for the latter to loose ownership after a few years after being accused of encroaching in public land. The aftermath has been court battles, forceful evictions and demolitions by the government, leading to massive losses by the investors, the most recent cases being the Syokimau, Mitumba slums and Eastleigh demolitions. Syokimau residents for example were duped to buy government land and the residents watched in disbelief three weeks ago, as bulldozers flattened their homes. A parliamentary committee led

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by Gachoka MP Mutava Musyimi, has been investigating the matter since last week and it is expected to prepare a report on how the Syokimau land was acquired and how it ended up being split into small pieces and sold to the public. OFFICIALS SUSPENDED In an effort to clean up corruption in its corridors, the government has sent packing 12 senior officials in the Ministry of Lands. According to the Commissioner of Lands Zablon Mabea, the title deeds and letters of allotment relating to the irregular allocations in the Syokimau area were all fake since they had no corresponding records in the master registry at the lands ministry. The Ministry of Lands is in charge of provision of up-to-date land information, documentation and protection of public utility land among other duties, but cases of getting two different people with the same title deed to a parcel of land are by no means unknown. ENDING FRAUD AND CORRUPTION If the web-based spatial data infrastructure system is put in place, it will hopefully reduce the cases of fraud and corruption in the Ministry of Lands that has for a long time seen the issuance of illegal title deeds, as information on land will be in the public domain and more accessible. Related Kenya Forum Posting: THE GREAT DEMOLITION DERBY HAS THE KENYAN TITLE DEED LOST ITS VALUE? (24 November)

SORRY, WRONG NUMBER...

No Comment...

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Todays article was going to be a breakdown of facts and figures stemming from an article published in the Nation on thursday entitled Kenya tops global graft ranking. Great we thought Kenya is the best place to be for some things.. err..theft, fraud, corruption, money laundering. However after reading the article and passing it around the office, something didnt quite add up. So we re-read it, then went to the sources of the article, two publications from PricewaterhouseCoopers (PwC) one, a large well based global economic study and the second which is a specific breakdown of the first study but focusing on Kenya (more about these later) Now lets take a diversion and consider a small book written in the 1950s but still an

How to lie with statistics

essential primer for students, How to Lie with Statistics by Darrell Huff. In it is introduction it has this anecdotal story: (remember this was the 1950s) With prospects of an end to the hallowed old British measures of inches and feet and pounds, the Gallup poll people wondered how well known its metric alternative might be. They asked in the usual way, and learned that even among men and women who had been to a university, 33 per cent had never heard of the metric system.

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Then a Sunday newspaper conducted a poll of its own and announced that 98% of its readers knew about the metric system. This, the newspaper boasted, showed how much more knowledgeable its readers were than people generally. How can two polls differ so remarkably? Gallup interviewers had chosen, and talked to a carefully selected cross-section of the public. The newspaper had naively, and economically, relied upon coupons clipped, filled in and mailed in by its readers. Its not hard to guess that most of those readers who were unaware of the metric system had little interest in it or the coupon; and they selected themselves out of the poll by not bothering to clip or participate. This self-selection produced in statistical terms, a biased or unrepresentative sample of just the sort that has led, over the years, to an enormous number of misleading conclusions

Bearing this story in mind lets get back to the PWC reports. There are two documents which can be downloaded, Cybercrime: protecting against the growing threat. Global Economic Crime Survey and A step ahead: Economic Crime in Kenya Both documents come from a huge worldwide survey carried out by PWC and both focus on business economic crime and cybercrime (more on cybercrime next Sunday) The documents are full of sound business advice, and point to key areas of concern, where businesses globally and in Kenya should strengthen their defenses, particularly in the areas of cybercrime. However there are two areas of concern to the Forum team, the reasons we felt uneasy about the original Nation article. Firstly there is the sampling, 3877 businesses across 78 countries is a massive amount of work, 91 in Kenya alone. But who in these businesses where they asking? well 52% were described as senior executives, whilst the other 48% were described as non-senior executives, such as the head of business unit, head of department, manager or senior vice president. Forgive us for sounding naive, but that means everyone they polled were major players within the organization. Of these organizations 67% had over 200 employees, so not small or poor companies. Secondly is the self selection problem alluded to in the story above. Amongst respondents in Kenya who reported incidences of economic crime 73% named asset misappropriation as the most prevalent form.. And this is where the big figure (73%) published in the Nation as Incidences of economic crimes comes from which puts Kenya at the top of the list. It may be true, but if I were a manager running a tidy honest business with no theft, I wouldnt have bothered to reply to this survey; Id have nothing to say this figure could well be misleading in so far of what we are not being told. Elsewhere in the global survey, the charts are qualified by % respondents so bear this in mind when reading. The survey can only tell you what the respondents say, not what the non-responders say.

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And heres the bit that has been bugging us from the start, and refers back to the first point. It is from A Step Ahead under the heading Who is committing the fraud and how do organisations deal with the perpetrators? Most fraud is committed by internal fraudsters, according to 68% of Kenya respondents and compared to 59% in Africa and 56% globally. This follows the trend in 2009 where 70% of Kenyan respondents identified perpetrators as internal, with 68% in Africa and 53% globally stating the same. The most common perpetrators of fraud in Kenya are junior staff members (42%) and middle management (42%) which is a trend that is replicated globally. So there you have it. If you poll 100% of senior executive staff and management, theyll tell you that almost anyone but themselves steals the loot. And that dear readers is an example of sampling bias

Of course senior management are never involved in economic crimes......

IN KENYA, INTERNET ADDICTION BEATS DRUGS AND ALCOHOL ABUSE

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Kenyans more addicted to the internet than drugs or alcohol?

Over the years we have seen a rapid increase in the number of Kenyans who access the internet. This is mainly due to the fact that the internet has become cheaper and easier to subscribe to, with the mobile internet being the major contributor of the increase in internet usage. Internet has changed the dynamics of communication and it is one of the top tools for socialisation among its users. Not only does it exist in the urban areas but also in the rural setup thus reducing the gap between the two in terms of advancement in communication technology. According to the latest reports by CCK on internet service released in September 2011, the number of internet users was estimated at 8.69 million, the number of internet/data subscriptions is 3.2 million and broadband subscriptions increased from 18,626 subscribers in the previous quarter to 84,726. A whopping 90+% of the growth of internet traffic in Kenya is done via mobile operators, meaning 3G, Edge or GPRS. Although this can be received as good news, the net has also brought with it a new disease, condition or complaint, called internet addiction. It is taken as a serious issue as it appeared to be a stronger addiction that drugs and alcohol abuse. According to the chairperson of the Kenya Counseling Association, Catherine Gachutha, Internet addiction is rapidly increasing in Kenya. The problem, she says, is most prominent in young people aged between 18 and 28. She further pointed out that the factors leading to this fact could be that most young people are idle and that the internet is cheaper than alcohol and drugs. The most addictive sites revolve around pornography, entertainment, online relationship sites and top of the list are the social networking sites like Facebook,

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Social networking sites most addictive...?

Twitter, Badoo and LinkedIn. Experts worry that there are increasing cases of internet pornography addiction in Kenya especially among young people who view explicit materials on their mobile phones and computers. Mr. William Gituru of Amani Counseling Centre and Training Institute in Nairobi thinks it is becoming a huge problem in Kenya, but few people are willing to talk about it including the victims, parents and teachers. Heavy internet use also, it is claimed, contributes to the long list of health risks such as high blood pressure and depression among others. In an article written in the DN2 magazine of the Daily Nation by Harry Misiko, he talked about Mr. Alex Gakuru a 35-year-old IT consultant who was diagnosed with high blood pressure caused by his love for the Internet. Every time something happened and my Internet connection failed, I would get agitated. I had a lot to catch up on. I was unsettled, was short breath, got easily worked up, and had trouble sleeping. I experienced mild nose bleeding for the first time in my life. I felt totally misplaced in this world, said Mr. Gakuru.

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IN KENYA, INTERNET ADDICTION BEATS DRUGS AND ALCOHOL ABUSE

Spending too much time at your computer is bad for your health!

Mr Gakurus case is indeed a sad one, but could it be that the inactivity of his job, ie. sitting in front of a PC screen, day in, and day out, rather than just his addiction, be at the root of his ill-health?. After all a lack of exercise is a well known and major contributor to high blood pressure and poor sleeping habits. The internet is a great platform for learning, entertainment and socializing, as we know, and, as with the other media can be used in a positive way (like the publication of the Kenyaforum!) or in less palatable ways such as the spread of pornography. But we hasten to add that pornographic images have been around since the beginning of time, and are not just a facet of the modern internet. The Turin Erotic Papyrus, dubbed the mens magazine of its time in Egypt dates to the Ramesside period (1292-1075BCE), wall paintings and carvings found in Pompeii (CE 79) were of the most lurid and graphic nature, and the famous Indian book of erotica, the Karma Sutra was written during the first couple of centuries CE. Do we now blame the stonemasons for creating walls (which can be painted on) or Gutenberg for creating a printing press which allowed mass circulation of lewd materialor John Logie Baird for inventing the television with its (now) pay to view porn channels?? We hope you are getting the point. The internet, just like a TV or a piece of paper or an ancient Roman wall, is just the vehicle which carries the message. At the Forum we question whether its the internet in itself which is the problem, as suggested above, or whether its the content which it gives access to. In publishing one of the oldest saying is that best sellers sell best, maybe the huge uptake in the

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social networking sites, dating sites and pornography sites just reflects this old adage? Remember also, that not everyone who drinks is an alcoholic! If any reader feels worried about the amount of time they spend on the internet please write and let us know about your concerns

NO-NONSENSE JUDGE OMBIJA?


Following on from the Forums posting earlier today (see below)

Justice Nicholas Ombijah No stranger to controversial ruling and judgements.

The Kenya Forum team couldnt help noticing a couple of small points revealed in the Daily Nations write-up of Judge Nicholas Ombijah yesterday (Judge who opened Sudan can of worms). Trivial perhaps but interesting nonetheless. High Court Judge Nicholas Ombija is not the kind of person whose rights you can infringe upon and hope to get away with it, the Nation declared, describing him as a no-nonsense judge who is not new to landmark, controversial rulings and judgements. Too right hes not.

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In 2008 Nicholas Ombija sued the Kenya Commercial Bank for the considerable amount of stress, agony, mental torture, humiliation, scandal, opprobrium and contempt in the eyes of the public, that he had suffered. His family had been almost tore part. What was the cause of such distress? Well one day when the good judge went shopping at Nakumatt and the Hotel Intercontinental his Visa card was rejected although, he claimed, he had Sh1 million in his account. Not bad having Sh1 million but better still to add to it the Sh2.5 million the High Court awarded him in damages (KCB are appealing). Later that year the same Judge Ombija sued Wickliffe Oparanya, Kenyas Planning Minister (but he hadnt planned on this) after he was sold a Sh13.5 million house in Kitisuru by the Minister. Ombija argued that Oparanya had vandalised the house after selling it to him, ripping out chandeliers and top quality toilet seat covers. The matter was settled out of court. (The Kenya Forum is not surprised it did didnt go to court: Ombija had nothing to go on..!) The Nation is quite right: Judge Ombija is no stranger to controversial rulings. MEANWHILE Since posting our article on the High Court ruling ordering the arrest of Sudans President Omar al-Bashir, Foreign Affairs Minister Moses Wetangula has been reported as saying he will disregard the ruling and invite al-Bashir to a conference in Nairobi. The Minister said he was, concerned by the blatant display of insensitivity. The Chairman of the Parliamentary Committee on Defence and Foreign Relations, Mr Adnan Kenyan, also waded into the matter by suggesting the ruling by Judge Omibija would undermine the countrys foreign policy. Whereas I recognize the inherent independence of the Judiciary, I am of the opinion that the court ruling was irresponsible and unpatriotic especially at a time when the government is consolidating support from African countries in the fight against militancy, he said. The ruling goes against national interests and it is a slap in the face of our foreign policy. The Kenya Forums response to Mr Adnan Kenyan is yes, the ruling may not be very convenient to the government but at the moment (until and unless it is overturned in the courts) its the law. Likewise a message to Moses Wetangula its the law, you cant just disregard it.

KENYAN JUDGE ORDERS BASHIRS ARREST ITS MORE THAN JUST A LEGAL RULING

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KENYAN JUDGE ORDERS BASHIRS ARREST ITS MORE THAN JUST A LEGAL RULING

Sudans President Omar al-Bashir

On Monday, following an application lodged by the International Commission for Jurists (ICJ) Kenya Chapter, Justice Nicholas Ombijah of Kenyas Supreme Court ordered the Attorney General and the Minister for Internal Security on Monday, to arrest Sudans President Omar al-Bashir should he ever set foot in Kenya. Omar al-Bashir is wanted by the International Criminal Court (ICC) on charges of crimes against humanity (murder, torture, forcible transfer and rape), war crimes (attacking civilians and pillaging) and genocide. Judge Ombijah ruled that Kenya was obliged to arrest al-Bashir since it was a signatory of the ICC Rome Statute which stipulates that any signatory country should abide by arrest warrants issued by the ICC. The ICC Rome Statute was established in 2002 but like many African countries, Kenya used to refuse to implement ICCs 2009 arrest warrant against al-Bashir. Forum readers will recall that President Omar al-Bashir has set foot in Kenya before. In August 2010 Bashir was one of the governments guests during the promulgation of the new constitution. Kenya failed to arrest the Sudanese leader then, arguing that the country supported the African union position requiring member states to protect president Al-Bashir and not hand him over to the ICC. ANGER IN KHARTOUM, CONFUSION IN KENYA The ruling by Judge Ombijah has, perhaps understandably, not to have been received well by Sudan, and the Kenyan ambassador in Khartoum has been ordered to leave the country in 72 hours.

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The Kenyan ambassador has been notified to leave in 72 hours while the Sudanese ambassador in Nairobi has been asked to return to Khartoum, said Al-Obaid Ahmed Mirawih, spokesman for the Sudanese Ministry of Foreign Affairs. Judge Ombijahs decision has also led to a degree of dispute at the highest levels of the Kenyan government. Kenyas Foreign Affairs Minister, Moses Wetangula (as reported by the Daily Nation) said it would be difficult to obey the ruling, describing it as a

Kenyas Foreign Affairs Minister, Moses Wetangula - judgemental error

judgemental error, which failed to consider the need to balance delicate international relations. Wetangula says his ministry will even appeal against warrant for Al-Bahirs arrest.

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Justice Minister Mutula Kilonzo Government has no choice but to obey the ruling and arrest Bashir

Justice Minister Mutula Kilonzo, however, does not seem to share the same sentiments with Wetangula, saying that the government has no choice but to obey the ruling and arrest Bashir. The Kenya Forum agrees with the view taken by Mutula Kilonzo but would add that there is an even more interesting angle to the ruling in the High Court. THE SEPARATION OF POWERS The judgement is seen in Khartoum as a ruling by the Kenyan government but its not: it is a ruling handed down from the High Court of Kenya. The Forum would argue that this shows that there is now clearly a separation of powers between Kenyas judiciary and the government, and that this is a positive indication signifying the independence of the judiciary in Kenyas new constitutional framework. The question as to whether Kenya will indeed execute the order and arrest AL-BASHIR should he return to our country in the not too distant future, is another matter altogether and the aftermath of Judge Ombijas ruling matter in respect of Kenyan-Sudan relations is yet to be seen. NEXT (SHORT) POSTING, LATER TODAY (5PM NAIROBI TIME): NICHOLAS OMBIJA, A NO-NONSENSE JUDGE?

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KENYA FORUM NOVEMBER REVIEW

KENYA FORUM NOVEMBER REVIEW


A chance for readers to review, or catch up on the 26 articles posted on the Kenya Forum in November. OPERATION LINDA NCHI, SOMALIA AND AL SHABAAB: WORLD TOILET DAY: DR JASON KAVITI: AHMEDNASIR ABDULAHI: ROADS, DEMOLITIONS, IRRIGATION AND STRIKES: THE GAY ISSUE: THE 40 RICHEST AFRICANS: AFRICAS INDISPENSABLE LEADERS: THE KENYAN FOOTBALL ASSOCIATION: KENYA IT AND THE NET: SEVEN BILLION PEOPLE ON EARTH THE MAGIC OF DIASPORAS CHALLENGING LESSONS FOR THE NEW KENYA? (Nov 28th) HOLES IN THE ROAD IS THE GOVERNMENT LOOKING INTO THEM? (Nov 26th) THE INFORMATION SUPER HIGHWAY KENYAS NOT ON THE SLIP ROAD (Nov 25th) THE GREAT DEMOLITION DERBY HAS THE KENYA TITLE DEED LOST ITS VALUE? (Nov 24th) WHATS IN A NAME? ODM-KENYA BECOMES WIPER DEMOCRATIC PARTY (Nov 23rd) IRRIGATION AND AN END TO FOOD RELIEF (Nov 22nd) WORLD TOILET DAY DONT LAUGH THIS SH!T IS SERIOUS (Nov 21st) HOW SMART IS YOUR PHONE? (Nov 20th) FORBES MAGAZINE: THE 40 RICHEST AFRICANS (Nov 19th) KENYA: SAFE HAVEN OR DRUG BARONS? (Nov 18th) KENYANS ALL YOU NEED IS ENVY! (Nov 16th) DIABETES IN KENYA HOPE IN THE MIDST OF INFLATIONARY STORM (Nov 15th) THE SUNDAY NATION, DR. JASON KAVITI AND THE MURDER OF DR ROBERT OUKO (Nov 14th) AHMEDNASSIR ABDULLAHI AFFLICTING THE COMFORTABLE? (Nov 14th) KENYAS ONLINE DREAMS (Nov 13th) RUSSIAS VLADIMIR PUTIN ANOTHER INDISPENSABLE LEADER (Nov 12th)

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A STRIKE A DAY KEEPS THE GOVERNMENT AWAKE (Nov 11th) PRIME MINISTER DAVID CAMERON, THE GAY ISSUE AND AFRICA (Nov 10th) A CUT ABOVE THE REST: MALE CIRCUMCISION IN KENYA (Nov 9th) AL-SHABAAB: HOW REAL IS THE TERROR THREAT IN KENYA AND WHAT SHOULD BE DONE FOR INTERNAL SECURITY? (Nov 8th) OPERATION LINDA NCHI: ASSESSING KENYAS MILITARY ACTION IN SOMALIA (Nov 7th) KENYA FOOTBALL ASSOCIATION: NEW DAWN OR JUST A NAME CHANGE? (Nov 5th) KENYAS TOXIC GIFT TO THE STARVING (Nov 4th) SEE YOU IN COURT: KENYAN WIVES FLEX THEIR MUSCLES (Nov 2nd) WHAT ON EARTH ARE WE GOING TO DO WITH SEVEN BILLION PEOPLE? (Nov 1st)

THE MAGIC OF DIASPORAS CHALLENGING LESSONS FOR THE NEW KENYA?

Kenyan Diaspora Conference in the USA

It was an article and an editorial in last weeks Economist that started the Kenya Forum team discussing the importance of and potential contained within the worldwide Kenyan Diaspora. The conclusions we came up with, or rather the questions that we were left with, were not what the Forum team were expecting.

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The basis for the article The magic of diasporas How migrant business networks are reshaping the world (The Economist, November 19th 25th) was that Diaspora networks have always been influential and a potent economic force but in an age of cheaper and easier travel, they are becoming more so. To this the Kenya Forum would add the changing economic patterns and of course, the rise of the Internet together with cheaper and easier communications. The Economist pointed out that there are now some 215 million first generation migrants spread across the globe making up approximately 3 per cent of the worlds population. If these migrants were a nation they would be about the fifth largest on Earth, or the equivalent to a country the size of Brazil. There are apparently more Chinese living outside China than there are French men and women living in France. 22 million Indians have migrated across the planet. There are West Africans in China and Chinese across Africa. The USA has long been a melting pot of peoples and since the European Union in large part dismantled its internal borders, thousands of Poles live and work in the UK, Latvians do so in Ireland and the Irish just about everywhere. THE KENYAN DIASPORA Its difficult to track down accurate figures but there are millions of Kenyans and those of Kenyan descent worldwide. Perhaps 2.5 million in the USA,

'Diaspora networks a potent economic force

substantial communities in Germany and the UK, 15,000 or so in Australia, and many thousands spread out across the countries of Sub-Saharan Africa. The Kenya Forum can attest to this. Some 40 per cent of our readership comes from the USA, UK and Germany but there is also a substantial following in Denmark for example, and many

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regular readers from China to the Czech Republic, South Africa to Canada. The Kenya Diaspora is without question a significant economic force. Again the figures are difficult to quantify but the Diaspora is worth something in the region of $1 billion to Kenyas economy annually, both through remittances and as a result economic links Kenyan to Kenyan. THE POWER OF KINSHIP It is this network, The Economist argued, that has an intrinsic power. The Networks of kinship makes it easier to do business across borders and speeds the flow of information. Kinship also fosters trust especially in emerging markets where the rule of law is weak, i.e., if the rule of law is weak you feel more secure dealing with your own people on the basis of some shared trust. And in addition to spreading money the Diaspora facilitates the spreading of ideas and knowledge, e.g., a Kenyan sees how a US company operates or markets it goods and perhaps one day replicates the ideas back in Kenya. FEAR THE FOREIGNER OR WELCOME MIGRATION? A key point of The Economists article, however, was that whereas in many parts of the world the fear of the foreigner and migration has increased in recent years, the fear that they will use up local services and take local jobs, the reality is that migration should be embraced by what the magazine called the old world. According to The Economist there is little or no empirical evidence that foreigners in a given country drain the public purse, or take jobs that locals would otherwise have done. On the contrary The Economist suggests, Migration brings youth to ageing countries, and allows ideas to circulate in millions of mobile minds. WHAT ABOUT THE BRAIN DRAIN? Nor, says The Economist, are the countries from which the migrants originate in danger of suffering from a brain drain. The prospect of working abroad, they suggest, spurs people on to acquire valuable skills whereafter many do not migrate (thus keeping those skills at home) and those that do often return both skilled and more experienced. One study The Economist referred to, found that unless a country loses more than 20 per cent of its university graduates to migration, the brain drain makes poor countries richer. So, the article concluded, the old countries would benefit from a more relaxed, looser immigration policy that would benefit both them and the countries from which the migrants come from. SHOULD THE NEW KENYA ADOPT OLD WORLD POLICIES? It was this last point that set the Kenya Forum team debating. We immediately thought of

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ourselves as a new country that donates migrants, as it were. But are we? Kenya as an independent country is not yet 50 years old, so yes we are a new country. We encourage, in part, migration from Kenya (or at least dont hinder it too much) and we, again in part, discourage immigration to Kenya. If a foreigner wants to work in Kenya they have to prove that there is no one here who could do the job instead (well, thats the theory anyway). So we act like a new country but should Kenya be adopting what The Economist prescribes for the old countries and economies? Kenya needs inward investment. We need the skills here, in Kenya, to build the economy, the infrastructure, even our democratic society. We need people to transfer there skills learnt in other countries to our own. We need businessmen and women, doctors, vets, hoteliers, financiers, lawyers (yes even lawyers!), independent journalists, agriculturists, engineers, teachers and more. Should the new Kenya adopt the loose immigration policies The Economist advocates for the old world? Is it, perhaps counter intuitively, time for Kenya to throw off the hang-ups of its colonialist past and welcome more inward migration?

HOLES IN THE ROAD IS THE GOVERNMENT LOOKING INTO THEM?

Appalling state of Kenyan roads

Its a form of road rage. Hundreds of transporters in the Keiyo district went on strike on Thursday, not to demand better wages or shorting working hours, in fact nothing to do with their employers at all. They downed tools as our newspaper reporters insist on calling it, to protest at the deplorable state of the roads they are forced to use.

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The haulage firms say they lose large amounts of money resulting from the almost daily breakdown of their lorries due to the appalling state of the roads as they transport fluorite minerals to the Flax trading near Eldoret The transporters contracted to the Kenya Flourspar Mining Company brought the 21km Nyaru road to a standstill with the aid of a convoy of 70 lorries, demanding that the government investigate where the millions of shillings set aside for roads rehabilitation every year, gets to. What we want to know is why the road is in such a bad state year in year out despite the fact that money is always allocated for its repair every year, said Musa Wendot, spokesperson for the transporters. The fluorite mining in Kerio Valley earns the government considerable amounts of money but it seems hardly any of it has been reinvested in local infrastructure. Unconfirmed reports say some of the money set aside for the rehabilitation of the road might have been misappropriated, reported The Star. Surely not, says the Kenya Forum. The Keiyo South district officer Lilian Lagat says the transporters grievances will be addressed. We shall see. DIRECT ACTION PLANT A BANANA TREE We can probably all think of 10 examples of neglected important roads that require urgent attention. For this Forum correspondent the Kilimani Ring Road in

Serious subsidence on the Kilimani by-pass

Nairobi, about 100m from where it joins the Argwings Kodhek Road, immediately springs to mind. Theres been an ever widening and deepening set of holes there over recent times that now reduce traffic flow to just one lane. Beside them is another hole into a drain, just big enough to swallow the wheel of a medium-sized salon car. Any sign of Nairobi City Council dashing to the scene?

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So perhaps it takes strike action and a convoy of heavy lorries to get action. Or does it? Residents along the Kisii-Kisumu-Migori road have also run out of patience at the state of the road which had become all but impassable. Did they riot? No. Form a convoy? No. Following heavy rain and the road as a result a sea of mud, they planted banana plants along the road paralysing such traffic as could go along it. A day later construction work began on the road. This is the only language the government understands because we can see, work has started immediately, The Star reported a Mr Ben Mogaka, a local businessmen, saying. So, banana trees make the government and local councils take action. The Kenya Forum can see new plantations spring up across Kenya overnight!

THE INFORMATION SUPER HIGHWAY KENYAS NOT ON THE SLIP ROAD

Kenya's got the cable but not the capability?

How often have we heard it? The future for Kenya lies in wind farming, bee keeping, fish farming, bio fuels, finding oil off the coast, or more tourism. Most often though the advice is for Kenya to embrace new information technology (IT) and the wonders of the web. Do that, say economists, columnists, business leaders and politicians and jobs, money and economic growth will flow. They could well be right but not the way we are going about it at the moment. To be fair to the government, billions of shillings have been invested in laying fibre optic

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networks and import duty on electronic goods has been set aside with the aim of lowering internet costs: all to little avail it seems. THE JULISHA SURVEY A survey called Julisha commissioned by the Kenya ICT Board reported in the Daily Nation this week has revealed that 58 per cent of consumers have no connection to the internet because they do not have a computer, while 28 per cent of those lucky enough to own a computer cannot afford the cost of internet subscriptions. The cheapest laptop costs about Sh25,000 and Safaricom (who control about 80 per cent of the access to the internet in Kenya) are charging between Sh1.25 and Sh2 per megabyte. For the vast majority of Kenyans, thats not cheap. Add to those costs the price of a simple modem and other must-have gadgets, together with the continued problems with accessing sufficient bandwidth, and its little wonder that Kenyans are at present only make slow progress to the great goal of IT liberation. Speeding along the internet super-highway is a luxury most cannot afford even if they can get on to it in the first place. NEW TECHNOLOGY AND NEW JOBS, BUT NOT FOR US

Kenyans might push the keys but expats will get the top jobs

One of the great advantages a Kenyan IT revolution will bring to the country, we have been so often told, are more jobs, particularly for the young. Again, it seems, not the way we are going at present.

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It was the Kenyan ICT Board survey, again, that revealed the bad news, this time via the Business Daily on Wednesday. Kenyan companies, it was reported, are searching for expatriates to run IT departments. The problem is, the Board says, that our universities are turning out graduates who do not have the necessary skills and are not up with the latest trends. According to the Business Daily the survey showed that Kenya is reeling from a shortage of systems analysts, systems engineers and software developers against a background of the Kenya ICT Board projection of a 30 per cent increase in the demand for such staff over the next two years and an increase of 70 per cent in the demand for software developers over the same period. Web designers and support staff apparently we can produce but the top jobs will go to expatriates and of course that will mean higher costs because they get paid more, charging between $300 (Sh27,000) to $1,500 (Sh135,000) per hour. Its nice work if you can get it. Unfortunately nowhere near enough young Kenyans are being given the education necessary to take advantage of the opportunities. It is a tragic missed opportunity for our economy and young people.

THE GREAT DEMOLITION DERBY - HAS THE KENYAN TITLE DEED LOST ITS VALUE?

'Equitable, efficient, productive and sustainable 'land' use?

Scores of Kenyans have been left homeless following the demolitions that have been witnessed in the country for the last two weeks. Hundreds of residents of Syokimau in Mavoko Municipality watched in disbelief as their lifetime investments were turned into rubble in minutes. Some residents were caught on camera wishing that those behind the demolitions should have taken

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their lives instead. They would have rather taken my life than the house in which I have invested millions of shillings, George Mureu said amid sobs. He said the house cost him Sh15 million. The Kenya Forum will be following this issue. We may be wrong but there is something about it that leaves us with serious doubts about the propriety of it all. WHATS THE KAA UP TO? The houses are alleged to have been built on land belonging to Kenya Airports Authority (KAA) but residents claim to have valid title deeds. Dominic Ngigi, the head of Corporate Affairs at KAA said the demolitions resulted from a cabinet decision being enforced by the Provincial Administration and the Kenya Police, but the issue had been made to look like it was about the KAA verses the public. High Court Judge Martha Koome issued orders stopping further demolitions in the area and the government has set up a committee to investigate the matter. Thousands of other families spent the weekend out in the rain when several shanties were also demolished in Mitumba slums near Wilson Airport as part of the operation to clear structures situated next to airports and vital installations: reclamation of public land as they called it. Its believed that about 3,000 people were living in the slum that was established in the early 1980s. According to Mitumba residents they had a court order restraining KAA from demolishing their houses. As one resident wondered, What is the meaning of Kenyan courts if the government can overlook the court order and proceed with the demolitions? The demolition is inevitable because the alternative is a disaster waiting to happen, said Mr Ngigi. Were doing this to save people. If a mishap were to happen, the damage would be catastrophic as the village is directly on the flight path. This is very serious in the aviation industry. As responsible players in the industry, we cannot sit by and wait for a disaster to happen. Well said Mr Ngigi, but did it have to take KAA 31 years, to realize this disaster in waiting? EASTLEIGH AMBUSHED Residents of Eastleigh Section 3 have not been spared. They woke up to a rude shock on Tuesday morning when a fleet of bulldozers began demolishing buildings next to the Moi Air Base. Some of the residents had already left home to work and those that were still in the houses were not even given time to salvage their properties. Their story was that of being ambushed without prior notice, either from their landlords, or from the City Council of Nairobi. Kamukunji MP Yusuf Hassan, who condemned the demolitions, said the government must devise better ways of dealing with its citizens. The Eastleigh demolition is the latest after Kyangombe, KPA slums, Syokimau and the Embakasi manyattas were bull-dozed.

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DEMOLITIONS AND DIGNITY What the Kenya Forum fails to understand is why now? The structures have been there for a long period of time while the government has continued to receive revenue from the owners. Its true that the government has every right to render public utility lands free of illegal encroachment but again it also has a duty to treat its people with dignity as the manner in which the demolitions are being carried out is truly in- humane. Where do any of these residents go on a rainy Tuesday day at such short notice? Even if they were to try to move to new houses, where do they find vacant houses within their budgets at this time? Any tenant living in Nairobi will tell you house hunting has become more of job hunting, its not an easy task. The big question now is who in the government has been issuing the title deeds that the same government now deems illegal? WHERE STANDS KENYAS NEW CONSTITUTION ON THE LAND ISSUE? The Kenya Forum is also concerned as to what this means in terms of our new constitution. Kenyas constitution says that, Land in Kenya shall be held, used and managed in a manner that is equitable, efficient, productive and sustainable (60. (1)). All land in Kenya, it says, belongs to the people of Kenya collectively as a nation, as communities and as individuals (60. (1) some individuals more than others suspects the Forum! Many voters didnt cotton on to the fact at the time of the referendum on the constitution (and the media wouldnt allow proper debate) that there were major caveats built into its wording when it came to who could control land. Try Section 66. (1) of the constitution: The state may regulate the use of land, or any interest or right over any land, in the interest of defence, public safety, public order, public morality, public health, or land use planning. Pretty much a catch-all clause: the state can do what it likes.

A Kenya Air force F5 - Suddenly under threat from local residents?

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With that thought in mind lets just pick one item from the news. Bulldozers have demolished high rise buildings near Moi Airbase in Nairobis Eastleigh estate, the Daily Nation reported yesterday. The buildings are seen as a security risk to Kenya Air Force planes taking off and landing at the base, the report continued. After all this time and only now, asks the Forum? But under the new constitution that counts as in the interest of defence. There may be some legitimacy to whats going on but the Kenya Forum has its concerns. We want to know whose hands this land ends up in and what it will now be used for. We will be following this story and reporting back to our readers.

WHATS IN A NAME? ODM-KENYA BECOMES WIPER DEMOCRATIC PARTY

Kalonzo Musyoka - Which way is he going? Wiper Democratic Party?

Some fool, at some point way back in the mists of time, came up with the line often repeated since, that there is No such thing as bad publicity: dont you believe it. Theres a little wooden sign on a bend on the Ngong Road, with red lettering on a white background. Its neatly done and quite eye-catching, advertising the services of a signs writer. It reads: Signs Writter, and underneath is a telephone number. Its well placed advertising, its clear and simple but no one in their right mind is going to employ the services of a Signs Writter: a Signs Writer perhaps, not a Signs Writter. Vice-President Kalonzo Musyokas Orange Democratic Movement- Kenya (ODM-Kenya) has re-branded itself (again). It was a decision apparently taken recently during the partys National Executive Council meeting. Our party has gone through a lot of changes since we re-branded a while ago as we prepare ourselves for the forthcoming elections, the partys Secretary General Mutula Kilonzo to The Star (ODM-K changes name to Wiper Democratic Party).

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What is the result of this latest great re-branding exercise? ODM-Kenya is now to be called the Wiper Democratic Party. Honest. What were ODM-Kenyas marketing or campaign advisors thinking of? FLIP-FLOPPING The Kenya Forum does not want to show any disrespect to our countrys Vice President but the readers will surely have to admit that the leader of ODM-Kenya has a reputation problem. Its for, what the Americans call, flip-flopping, i.e., changing his mind, or taking time to make up his mind depending on which way he thinks the wind is blowing. Wasnt it the same Kalonzo Musyoka before the last election who was in the ODM but realizing he wouldnt get the partys nomination over Raila Odinga suddenly, not long before the election, formed ODM-Kenya (whose nomination he was assured of)? Isnt this the same Kalonzo Musyoka who before last years referendum on the constitution swerved this way and then that, making up his mind as to whether he would vote Yes or No? Surely this is the same Kalonzo Musyoka that is so renowned for trying to be all things to all men that although his partys symbol became one-and-a-half oranges (more than the full orange of the ODM get it?) that he became known as the melon green on the outside, red in the middle! THOSE THAT LAUGH So now we have Kalonzo Musyokas ODM-Kenya with the party logo of a cars windscreen wiper, presumably meaning, they would wish us to believe and understand, that they have a clear vision. But dont a cars wipers go from one side to another, first right, then left, then right, then left..? Kalonzo Musyokas new partys campaign vehicle may be driving with it its new wipers working but it hasnt got its lights on. He and they should remember the other old adage of political campaigning: When people laugh at you, not with you, youve had it.

IRRIGATION AND AN END TO FOOD RELIEF

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Turkana County drought and hunger

The Turkana County, like many parts of northern Kenya, has often been characterized by perennial drought and hunger, year in year out. Early this year 400,000 families were facing starvation in the area and several deaths as a result of starvation were reported. Like most communities in northern Kenya, Turkanas are pastoralists, a way of life and form of economy that is badly affected by climate change; its always a disaster when its too hot, or when it rains heavily. In August the Kenya Forum posted an article under the headline, Kenyan for Kenyans now, but long term programmes are the solution to food security. In it we castigated the governments failure and lack of political will to enhance agriculture in arid and semi-arid areas in order to provide long-term solutions to curb the food crisis in northern Kenya. ISRAELI EXPERTISE 10,000 HECTARES UNDER IRRIGATION

PM Raila Odinga and Israeli counterpart Benjamin Netanyahu

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It was therefore good news for residents of Turkana (most of whom are probably yet to receive it), when Prime Minister Raila Odinga sealed a deal on Tuesday last week with Israels Minister for Industry, Trade and Labour, Shalom Shimhon, that will see over 10,000 hectares of land in Turkana put under irrigation. The deal was sealed in Tel Aviv at a meeting following the opening of the Sixth International Exhibition and the Third International Conference on Water Technologies, Renewable Energy and Environmental Control. As reported by The Star, Israeli PM Benjamin Netanyahu is expected in Kenya in January next year to launch what will become Kenyas largest irrigation scheme. The project in the Todonyang area of Turkana is set to be the first large-scale beneficiary of Israeli technology and expertise after the Israel agreed to fund it and provide technical support. PM Odinga said the government is determined to introduce irrigated agriculture (what took them so long?) among pastoral communities in northern Kenya as a way of weaning them from pastoralism. THE MORULEM IRRIGATION SCHEME

Morulem Irrigation Scheme feeds 3,000 families

Irrigation projects that had been earlier introduced in some parts of Turkana had proved beyond doubts, that irrigation could save the northern communities from starvation in future. The Morulem Irrigation Scheme (MIS) for instance has changed the face of Turkana. The gravity-fed irrigation sits on 1,500 acres of land and uses water from Kerio River situated about 10km away. Spanning over three decades MIS currently feeds 3,000 families. Finally, the government seems to have realized that aflotoxin contaminated relief food will only help to wipe out the populations in the semi arid parts of the country (see Forum posting, 4 November, Kenyas toxic gift to the starving) but that long-term irrigation and agricultural solutions will feed future generations to come.

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WORLD TOILET DAY DONT LAUGH, THIS SH!T IS SERIOUS

World Toilet Day-laugh at this but it is a deadly serious issue.

Their name, they admit, initially provoked much mixed reactions but the World Toilet Organization (WTO) is looking to rival its acronymic namesake, the World Trade Organization, in its influence. As full colour advertisements taken out in the Saturday Nation and The Standard on Saturday under the eye-catching headline, Where do you sh!t? What a question! revealed it was time to mark World Toilet Day Ending open defecation to save lives, a campaign supported by Plan, an international child-centred organization and the Ministry of Public Health and Sanitation. There are now lots of Days in the calendar: World Health Day (April 7), World Population Day (July 11) and World Teachers Day (October 5) are but three from many examples. World Diabetes Day was held last week. World No-Tobacco Day comes around every May 31, National Donut Day on May 6, and the little known International Talk Like a Pirate Day is every September 19 (we missed that one this year m hearties!) So why not World Toilet Day? The WTO say that since their campaign began in 2001, prior to which the subject of toilets and what to do in the toilet was a taboo topic, their unique mix of humour and serious facts has excited the global media and the imaginations of their audiences and readers and that this will be the fourth year that Kenya has been celebrating the day. Well the Kenya Forum hadnt picked up on World Toilet Day before and we didnt notice the streets thronging with Kenyans wildly celebrating the big day on Saturday but the WTO have a point and perhaps the tactic of shock combined with humour is the best way to get their message across.

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19 MILLION KENYANS NO LATRINES According to the WTO, and the Forum has no reason to disbelieve them, 54 per cent of the population (19 million people) in Kenya do not have access to a

19 million Kenyan don't have this luxury

latrine, of which some 10 million have to answer the call of nature in the open fields or bushes (the Coast, Eastern, Nyanza and Rift valley provinces have the highest number of open defecators). As daily we each head off to the toilet about six times that means that every day the 10 million Kenyans in that position dump 5,000 tons (half a kilo of kinyesi each) into our environment. Another 21 million Kenyans use unhygienic latrines and others use hanging toilets that empty

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straight into open drains. 6,000 DIE EVERY DAY WORLDWIDE Yes, it is a difficult subject to address and it does give rise to scatological humour and ribald school boy jokes but it is a serious issue. The WTO reckons that 6,000 people (of which 5,400 are children) die worldwide every day from diseases caused by human faeces. Sadly, they say, 50 years after independence and several hygiene campaigns by the government and NGOs, there has been very little change. Surely, they argue, we need to do something fast to effectively address this issue. The politicians, they demand, should fund and promote behaviour change (the Forum suggests they should also fund public lavatories); the private sector should ensure that workers have a toilet and hand-washing facilities; the faith-based organizations should help congregations to understand the health benefits of better sanitation; teachers should educate children that using the toilet and washing their hands keeps them healthy; and communities should eliminate open defecation. The Kenya Forum agrees with the WTO. They are to be congratulated for trying to end the silence and inaction surrounding this natural human function and the deadly results if it is not handles properly. 6,000 deaths a day demands the subject should be taken seriously.

HOW SMART IS YOUR 'PHONE?

How smart is your 'phone?

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Does your mobile telephone look good in posh restaurants? does it have all the latest news and gossip and can it translate 20 different languages? Does it also leave you with a burning sensation in the wallet? If so it has probably covered enough of the definitions of smart to qualify as a Smartphone. Smartphones in Kenya are big business and according to some, set to replace the laptop market in certain segments.

Smartphone set to replace laptop?

Since the definition of a Smartphone is a high-end mobile phone built on a mobile computing platform its not surprising that these pocketable beauties are seen not just as communication devices but also as portable computers, capable of integrating with the rest of the world. This key feature means that smartphones can run useful software (apps) through the built in API (application programming interface). Like early desktop computers, whose popularity grew when they became useful, (programmes like Microsoft Word and Excel became key to the rapid growth of the desktop market) the software drives the hardware market. However, given that 40% of Kenyans live on $2 a day or less, how is the smartphone market ever going to get to a point where the average man in the street can afford one? Well,there are at least three things to consider before answering this. Firstly the Kenyan mobile

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market is one of the most vibrant and aggressive markets in Africa, flux or change could be its by-word, and it has been said to be 2-3yrs ahead of of other African markets. Secondly, competition has driven the costs of bandwidth down by 50% this year alone, and the costs look like they will continue to fall. Thirdly consider the Envy Factor. We noted in our article Kenyans-all you need is Envy that gadgets such as iPhones were high on the Envy List, and it is one of those salients facts worldwide, that people even on low incomes will spend a disproportionate amount on items that they desire and envy.

Ideos, Safaricoms low cost Smartphone

We said there were at least three things to consider, well this year the fourth consideration came in to play with the introduction of the Ideos Smartphone by Safaricom. The Ideos was a classic marketing move known as the low end flank. In Envy terms its the difference between the Donna Karan Stores and DKNY.still expensive but not quite as eyewateringly so. For Safaricom it means 350,000 extra sales this year (they expected their initial 80,000 order to last the whole year!) and at ksh 8,999 with free airtime and bandwidth represented a genuine, well subsidised bargain. The Ideos, made in China by Huawei in Shenzhen, runs on the Google Android platform, which is a free to use operating system, and seen by many, including the chinese, as a major factor for African market growth. As we said earlier, a crucial component in the growth of smartphone hardware is going to be found in the distribution of new and useful Apps. At Pivot25, (a conference for mobile apps. developers) held in Nairobi earlier this year the winning app. was Shimbas MedKenya app. MedKenya is an app. which provides symptom checking, first aid advice, hospital information and services alerts, thus providing quality medical

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information and accessibility at a low cost. Another fascinating app. aired at the conference was M-Farm which allows farmers to broadcast product availability and prices to the world via sms, thus catching the early markets and getting guaranteed returns for their work (see the full list of winners here, and a review of other Kenyan home grown apps here from the CIO magazine) On a worldwide basis, the iPhone is still the dominant player with its bespoke operating system and huge app. store, but with a price tag which keeps it in the Envy products markets as far as Kenya goes.

Google Android Logo

Android based smartphones are the more likely route to African growth markets but still need the localised software apps. to grow further. By the very nature of their complexity, smartphones will always be more expensive than simple mobile handsets, but as we have seen it is possible to produce one which is accessible to more people. Huawei worldwide are the key manufacturer for lower cost smartphones and the Forum says watch this space we believe there will be more to come, better, lower cost, and then a new brand . . ps. if you have a great idea for an Android app. and a app-titude for simple programming Google now have a free Builder for Apps. Please tell us about your experiences with the free Google Builder for Apps. via info@kenyaforum.net pps. in case readers were not aware, Kenyaforum.net has automatic browser detection which makes it suitable for use on most Smartphones!

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NEXT POSTING: 12 Noon, Monday 21: WORLD TOILET DAY DONT LAUGH, THIS SH!T IS SERIOUS

FORBES MAGAZINE: THE 40 RICHEST AFRICANS


Forbes Magazine, the chronicler of the worlds richest people and where their fortunes come from, has for the first time published a list of the 40 richest Africans and two Kenyans have made it into the rich lists upper echelons. In the past weve been used to gawping at the annual release of who earns and owns what and wondering what Oprah Winfrey does with earnings of $712,000 a day (shes down to her last $2.7 billion poor dear), or how actor Will Smith spends the $20 million he receives per film (its a tough job but someones got to do it). Now those that have nearer to home have been revealed to those that have not (and with things the way they are no doubt even that which they have will be taken away).

Nigerian Aliko Dangote, Africas richest man

How many of us would have known that Nigerian Aliko Dangote was the richest man in Africa with an estimated fortune of $10.1 billion all made from the proceeds of cement making, flour milling, sugar refining and salt processing? No surprise really to see the name Oppenheimer on the list. Diamonds arent just a girls best friend you know. So in at Number 2 on the list is 66 year-old Nicky Oppenheimer, the South African diamond magnate, worth a cool $6.5 billion. The Oppenheimers are of course old money from South Africa. At Number 36 on the list the

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new South African rich are represented by former anti-apartheid campaigner and ANC activist Cyril Ramaphosa, now estimated to be worth $275 million (my word, hasnt he done well, Black empowerment certainly worked for Cyril). TWO KENYANS IN RICHEST TOP 40 So to the Kenyan representatives on the Forbes list of the richest people in Africa. At Number 31 Mr Kenya himself, real estate, manufacturing and investments entrepreneur Chris Kirubi, gets by with just $300 million.

Kenyan entrepreneur Chris Kirubi - $300 million

Since the 1970s when he began a small property business, Mr Kirubi (now 70 years old) has gone on to own, or have a sizeable stake in, Capital FM (where he is also a DJ on occasions), Nairobis International House, Haco Tiger Industries, and the private equity firm Centum Investments which is listed on the Kenya and Uganda stock markets. Chris Kirubi has worked his way up. Deputy Prime Minister Uhuru Kenyatta, the son of Kenyas first President, Jomo Kenyatta, started at the top (well it does save time that way) and according to Forbes is now worth $500 million, thats Sh47.5 billion to you and me, securing him the Number 26 slot in the list of the top 40 richest Africans.

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Deputy Prime Minister Uhuru Kenyatta - $500 million

Of course the Kenyattas werent always wealthy. Oh no, theyve had to struggle in the past. When Jomo Kenyatta was imprisoned by the British colonial power in 1953, his land was also confiscated all 34 acres of it. Nearly 60 years later the Kenyatta family is estimated to own land amounting to some 2.4 million acres, about the same size as Nyanza province. Thank goodness Uhuru Kenyatta is in charge of Kenyas finances, he obviously comes from a family that was very good at saving a Shilling here and a Shilling there, 10 million Shillings here, 10 million Shillings there, a thousand acres here, a thousand acres there Eventually it all up mounts up you know.

KENYA: SAFE HAVEN FOR DRUG BARONS?

Cocaine: Rich rewards for drugs cartels in Kenya...and also the police?

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An expos aired last week by KTN revealed that drug barons in Kenya have become so powerful the government is unable to fight them. The Jicho Pevu and The Inside Story expos titled Paruwanja la Mihadarati and The Untouchables respectively, gave a chilling account of how officers linked to drug cartels may have conspired with senior members in Government to eliminate four police officers investigating drug cartels. Its alleged that one of the officers from the GSU department, Erastus Chemorei, was shot dead by more than 20 police officers at his home near Kitale town, allegedly after he refused to hand over keys to a store at the General Service Unit (GSU) headquarters where the Sh6 billion cocaine haul had been stored. POLICE ORDERED ME TO EAT MY FRIENDS BRAINS Mr Abubakar Ndiema, Chemoreis neighbour who witnessed his execution, gave a harrowing account in the second episode of the series of how he was forced to scoop and eat the former GSU officers brains (Police shot my friend and ordered me to eat his brains, Standard), carry the corpse to one of the police Range Rovers and how he was also made to lay on top of Chemoreis body as the police covered them in the same blanket. After MPs led by MPs Rachel Shebesh, Benjamin Washiali and Martha Karua, raised the issue in

Martha Karua MP "Is the government under the control of drug cartels?"

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Parliament wanting to know what the Government was doing about the issue, Internal Security Assistant Minister Orwa Ojode said the police had set up a committee to unearth the truth in the media reports. Can the Minister be real and tell us whether the government is under the control of drug cartels? posed Gichugu MP Martha Karua, adding that majority of police officers in Coast Province ought to be transferred because they were in bed with drug-traffickers. On his part Commissioner of Police Mathew Iteere, has so far denied the report that officers were killed because they were linked to the drugs haul and said a team of experts, from various sectors in and out of Government, would be appointed to examine how the Sh6.4 billion-cocaine haul was seized, stored, investigated and disposed of. SHOOT THE MESSENGER He has also threatened to sue KTN for the investigative report which he termed as unprofessional and said individual officers named would also sue the station and individual journalists.We as a Force will also complain to the Media Council because we feel the report was malicious and in bad taste, leave alone having several falsehoods, he added. The big question is how the police force, which has been accused of being compromised by drug warlords, will investigate itself? Isnt it more like asking the left hand to investigate the right! MISSING CULPRITS, MISSING DRUGS In 2004 Kenyan Police seized a consignment of cocaine worth 6.4 billion Kenyan shillings, the biggest consignment to have ever been nabbed in East Africa. Seven years down the line, no one has been held responsible. On March 25, 2011, 98 packets of cocaine weighing 2 kgs each with a street value of Ksh 500 million were netted in Shanzu area in Mombasa. The 6 suspects, 3 Kenyans, 2 Iranians, and 1 Pakistani national were charged the same day for alleged drug trafficking. The consignment which originally weighed 196 kg came to weigh 102 kg three days later when the suspects reappeared in court. The mysterious disappearance of the 94 kg of heroin is yet to be resolved. US DRUG DOSSIER Former US Ambassador Michael Ranneberger had earlier in the year handed a dossier to the Kenya anti-corruption authority, seeking investigations against five MPs and a businessman for alleged drug trafficking. Mr Punjani, together with MPs Harun Mwau (Kilome), William Kabogo (Juja), Gidion Mbuvi (Makadara) and Ali Hassan Joho (Kisauni) were all investigated in connection with drug trafficking. However, the police, in their preliminary report tabled in the House early in the year, failed to get any evidence to link the five to the crime. Yesterday the Kilome MP, Harun Mwau, and his counterpart William Kabogo, were cleared of involvement in the drug trade.

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Kenya has been targeted by drug smugglers because of its geographical position and its weak drug policies. Both heroin and cocaine have been smuggled from Asia through Kenya and on to other destinations. Judging from the unfolding of events and the manner in which cases pertaining drugs have been handled, the government appears to be under the control of drug cartels as the investigations only cleared the named suspects without telling us who then the real drug traffickers are.

KENYANS ALL YOU NEED IS ENVY!

Must have buys but are you happy?

Are you already living in the best of all worlds? For many Kenyans living, as we do, in a country where up to six out of ten of our fellow citizens live on Sh300 ($3) per day or less and a salary of Sh25,000 ($268) a month qualifies you as middle class, this may seem a little counter intuitive (as the Americans say) but apparently it might be true. All you need, we have read, is envy. The usual sources for Kenya Forum postings are direct contact with, we hope, informed individuals, news coverage and media comment, research or academic material and of course the reality of our daily lives in Kenya. The source for this posting is a little more unusual, a booklet produced by the advertising agency Young & Rubicam (Y&R) entitled All you need is envy which set us thinking about the implications of the propositions contained in it for Kenyans. (And before anyone asks, as far as we know, no member of the Kenya Forum team

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has any financial, contractual or professional link with Y&R in Nairobi!). THE ENVY INDICATORS: IS THIS YOU OR SOMEONE YOU KNOW? The contention of the booklet is that envy is a deeply embedded driver of human activity, making us crave certain products and services whatever the cost and even if we struggle to afford them, particularly if our friends and neighbours dont have them (Y&Rs research suggests that when about a third of society has a product the envy factor is at its height). That might be true of the United States, the UK or mainland Western Europe but is it true of Kenya and Kenyans the Forum asks? We think that perhaps it is, so the Kenya Forum has come up with ten envy indicators. See what you think (and by all means write to us with other suggestions!). Do you, or people you know, ever break that budget to do or buy any of the following? 1. Make an appearance at the blankets and wine events, such as the Concours DElegance. 2. Keep up with the latest fashion by buying designer clothes, bags and shoes from Prada, Louis Vuitton, Armani, Gucci and Levi. 3. Spend hard-earned Shillings on the latest gadgets, such as iPads or iPhones. 4. Go out on a Friday or Saturday night to the poshest uptown joints such as the Mercury, Sierra, Brew Bistro, or Tamarind restaurants. 5. Replace that perfectly serviceable television at home with the latest flat screen TV, a home theatre, PS3 or X-Box 360. 6. Join a whisky club to taste Johnnie Walker Blue label (at Sh16,000 a bottle), or some other equally expensive branded fire water. 7. Send their children to the most expensive private schools such as The Banda, Hillcrest, St Andrews Turi or Braeburn, because of the people they (and their parents) might rub shoulders with. 8. Raid the piggy bank and re-mortgage the house to own a flashy car, such as a Range Rover Sport or a BMW X6, even if maintaining it is a major financial burden. 9. Men (thats most men) who treat their girlfriends to the most expensive meals, or take them to the most expensive places that are way beyond their means. 10. Live from pay cheque to pay cheque trying to afford a place in Karen, Lavington, Kileleshwa, Runda or Loresho (because they would rather live in servants quarters on a posh estate than live in a larger house in a poor area).

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Does any of that ring a bell? The Kenya Forum thinks it will and that it says something about the Kenya we live in today. HAPPY? THINK AGAIN For all of you, however, who think that you can buy contentment, think again. The Y&R research looked at the past fifty years of the US general Social Survey that tracks the proportion of Americans who say they are very happy. Back in 1946 the figure for the very happy stood at 32 per cent. Fifty years later, after a tripling of average incomes, the introduction of sliced bread, colour TVs, mobile phones, home pizza deliveries and much else besides, the figure for the percentage of very happy Americans is the same. What does make Americans happy, Y&R maintain, is the knowledge that their living standards are envied by their neighbours (perhaps less so since the financial collapse!) What does it all lead to, be it in the USA or Kenya? It leads to the slightly disturbing conclusion, says the Ad agency, that There never was a rosy rural past where everyone was happy with their lot, and that, there never will be a utopian future where all of mankind will be happier. In short, they say, you are already living in the best of all worlds. No amount of new technology or other material progress will make you any happier they claim, unless of course, you get yours first. Discuss!

DIABETES IN KENYA - HOPE IN THE MIDST OF THE INFLATIONARY STORM

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1.2 million Kenyans are living with diabetes

Just as the Kenyan shilling is gaining strength against the dollar and bringing hope to Kenyans who had despaired due to high inflation, the cost of fuel goes up again! If this was a status update in Facebook, the statement would have definitely ended with a click (Nkt)! There was a reason for Kenyans to at least smile, especially those living with diabetes, yesterday, following a decision by the government to reduce the cost of insulin treatment from Sh 1,200 to 200 to mark world Diabetes Day. The Government estimates that about 1.2 million Kenyans are living with diabetes, a chronic condition that is characterized by high levels of blood sugar in the body. If left untreated diabetes leads to failure of body organs, resulting in life threatening complications such blindness, kidney failure, heart failure, stroke, limb amputation and impotence in men. ONE MILLION AMPUTEES PER YEAR As reported on the Daily Nation, we have about one million amputations yearly due to diabetes and one person dies every eight seconds due to complications from the disease, says Dr Eva Njenga, a consultant physician and endocrinologist. Nutritionists normally recommend some special foods and vegetables to diabetic patients that can help their body system control the disease in order to avoid other health complications. However, due to tough economic times, diabetics are finding it impossible to keep up with the special diets. The cost of the food has become another thing to worry about on top of their medication. Speaking to Michael Oriedo of The Standard, Joyce, a diabetic patient, says she cannot afford to buy the foods recommended by her nutritionist: I cannot afford to buy the foods anymore. The prices have increased to unmanageable levels, she said. Many patients have also complained about a shortage of drugs especially in public health facilities were the drugs are cheaper, and as a result they are forced to get them through the private market in pharmacies, where the prices are much higher. The head of the division of Non Communicable Diseases (NCD) in the Public Health Ministry, Dr William Maina, says unless significant efforts are made to stem the rise in diabetes, health care services across the country will soon be crippled by the costs of treating the diseases and its complications. In the last three years the price of vial insulin sold to the government has gone down by some 30 per cent. The governments move to lower the cost of treatment for this life threatening disease is indeed a step in the right direction in helping Kenyans who suffer from this

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debilitating disease.

THE SUNDAY NATION, DR JASON KAVITI AND THE MURDER OF DR ROBERT OUKO
Just a short follow-on from todays earlier posting below Imenti Central MP Gitobu Imanyara was the former owner of The Nairobi Law Monthly and he obviously still maintains good relations with the monthly magazine, appearing at a press conference in September after the Nairobi Law Monthlys office had been broken into, condemning the raid, saying, there was no democracy without a free media. Quite so says the Forum. THE MURDER OF DR ROBERT OUKO

Scotland Yard's Forensic evidence conclusions were clear and illuminating

Mr Imanyara is also the MP who, quite out of the blue, reintroduced the infamous Sunguh Report into the murder of Dr Robert Ouko in Parliament last December. Regular readers of the Kenya Forum will know of our view as to the veracity of the Sunguh Commission report (see the Forums posting of September 13). The report was rapidly rejected by Parliament but the Kenya Forum has since come to believe that its placing before

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Parliament by Imanyara was not quite what it appeared to be, of which more in a posting coming up in early December. The Sunguh report of course, fell hook, line and sinker for the theory that Dr Ouko had been murdered at State House, Nakuru. Keep that thought in mind a moment or two. DR JASON KAVITI In yesterdays Sunday Nation, journalist Gakiha Weru wrote a piece on Dr Jason Kaviti (Kaviti takes State secrets to the grave)the former Chief Government Pathologist who was involved in the investigation into Dr Oukos death. Again, regular readers will know of the Kenya Forums recent remarks regarding Dr Kaviti (Dr Jason Kaviti RIP?). There was nothing wrong with Gakiha Werus report as far as it went. It was clear and precise. It quite rightly went through Dr Kavitis odd and infamous insistence on sticking to a line that Dr Ouko (and prior to him, Julie Ward) might have committed suicide. What Gakiha Werus report did not mention, although the information has been available since at least September 1991, was the key forensic evidence that refuted Kavitis analysis. This was the British Scotland Yards forensic report, set out in Detective Superintendent John Troons Final report, which stated clearly that Dr Ouko had been shot where his body was found, or a few feet from that spot, so he could not have been shot in State House or anywhere else Now in an article on Dr Kaviti and the murder of Dr Robert Ouko, which inevitably had to concentrate in part on the forensic evidence, why was Scotland Yards forensic evidence and the conclusion drawn from them, not mentioned? IGNORANCE OR CENSORSHIP? The Kenya Forum has raised this subject before, asking whether it is just ignorance on the part of some journalists (as in just not knowing), or whether it is some form of censorship, especially as the real and true story of Dr Oukos murder is there, waiting for some passably competent journalist to make a name for his or herself. So just in case it is a matter of simply not knowing, the Kenya Forum would like to direct Nation journalist Gakiha Weru to our posting of September 13 on the subject of the KHRCs Report (New Kenya demands more, the New Constitution requires more ) at the end of which there are some 20 links to other articles on the subject of Dr Oukos murder that he might find illuminating.

AHMEDNASIR ABDULLAHI AFFLICTING THE COMFORTABLE?

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Judicial Services Commissioner Ahmednasir Abdullahi comfortable or afflicted?

The Kenya Forum team collectively scratched their heads, searched the Internet and then found the source of a quotation often cited over the years, originally about the role of the press but since applied to those who challenge authority. The phrase was first coined it seems by one Finley Peter Dunne (1867-1936), an author and humourist from Chicago, USA, and it runs, the role of the press is to comfort the afflicted and afflict the comfortable. What the Forum is trying to work out is whether Judicial Services Commissioner Ahmednasir Abdullahi should be comforted or afflicted. As a Judicial Services Commissioner, Mr Ahmednasir Abdullahi served on the Commission that in May of this year selected the new Chief Justice and the Deputy Chief Justice. He is a regular columnist for the Daily Nation, Editor of The Nairobi Law Monthly, and according to the Presidential Press Service, a very influential member of Kenya society. That Ahmednasir Abdullahi sees himself as one who afflicts the comfortable, the corrupt and those that act with impunity there is no doubt, and he does so passionately, imbued with righteous indignation and moral superiority. THE APPOINTMENT OF DR MUTUNGA AS CHIEF JUSTICE Writing in The Nairobi Law Monthly in June of this year on the subject of the appointment of Dr Willy Mutunga as the new Chief Justice, he declared that his nomination signifies for the first time a bold and successful storming of the fortress of judicial impunity. Stirring stuff but not over-the-top would you say? Mr Abdullahi was only just warming to his theme, however. He continued in the next paragraph that Dr Mutunga, supported by the goodwill of all Kenyans, should be able to navigate the trenches lit with burning petrol by the old order, the landmines planted by the anti-reform forces, swim across the rivers infested with power hungry crocodiles and re-take on behalf of the Kenya people a large swathe of territory currently occupied and jealously guided by the corrupt kleptocracy of yesteryear and their shameless apologists.

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You see? Powerful stuff but just a bit too much indignation? A mite too much holier than thou? Remarkably the article was entitled, Whatever the grievances, lets not turn vetting into an inquisition, but during the Judicial Services Commissions (JSC) questioning of potential Chief Justices, Ahmednasir Abdullahi established himself as the Grand Inquisitor, roasting the applicants (or at least some of them) with searching questions and withering comments. Perhaps that was fair enough but it didnt go unnoticed, or pass without criticism. TOO MUCH LIKE TUSKER PROJECT FAME? Rarieda MP Nicholas Gumbo wrote in The Sunday Nation that Ahmednasir Abdullahi should stop humiliating judges and complained about his hostile interrogations, intimidations and harassment. Nicholas Gumbo wrote about the same subject, on the same day, in The Standard on Sunday (Intimidations at interviews for CJ leave a sour taste), this time also raising the interesting point that perhaps practising advocates [e.g. Ahmednasir Abdullahi] who sit on the JSC must be barred from appearing in any court in Kenya, until their term in the JSC expires, or they should give up their JSC seats. Mr Gumbo concluded that lawyer Ahmednasir should learn to know when to when to sit on your ego. This was by no means the only criticism leveled at Ahmednasir Abdullahi regarding his conduct on the JSC. George Outa, a communications advisor in the Prime Ministers office, wrote in The Star that it was some form of modern-day McCarthyism the practice of lynching persons and ideas that are contrarian without proper regard to evidential considerations. For Sarah Elderkin, a freelance journalist writing in The Star (Life in Kenya has become too crude), watching Ahmednasir Abdullahi [on the JSC], I thought I might have strayed into Tusker Project Fame by mistake, and he was the bad guy judge. While this might be fine entertainment in a musical talent contest, it did not look very professional in a senior judicial setting. It was a rather up-market kind of mob justice. TRANSPARENCY AND THE JSC The Kenya Forum was also concerned at the time that perhaps there was a lack of transparency about the manner in which the JSC came to its conclusions. We touched on this in a posting entitled, The sword of justice is mightier than the poisoned pen in April, which in turn criticized an article in The Nation by George Kegoro. Mr Kegoro had written a series of articles for The Nation assessing the various applicants for the post of Chief Justice, at the end of which there was no doubt who was in favour for the post and who not. Again, fair enough by way of comment in the press but George Kegoro doesnt

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just write the occasional article for The Nation, he is also named at the top of the list as a contributor to The Nairobi Law Monthly, edited byMr Ahmednasir Abdullahi. OUT ON A LIMB? Mr Ahmednasir Abdullahi has even managed to provoke the Presidential Press Service to respond with an article in The Nation (something that the Kenya Forum cannot remember happening before) after he had referred President Kibaki subjecting Kenya to nine years of an African version of Voodoo economics. So Ahmednasir Abdullahi has upset people (which may explain why the Nairobi Law Monthly offices were broken into in September and computers stolen). That in itself is not necessarily a bad thing, in fact it might be very good for Kenyan democracy and justice depending on who is being afflicted and for what, but it does leave the afflicter out on a limb. One former practicing lawyer in Nairobi told the Kenya Forum, He has it coming to him. It was a sentiment that seems to sum up, however unfairly, many peoples attitude to Mr Abdullahi. MR AHMEDNASIR ABDULLAHI IN THE DOCK Last Tuesdays newspapers all carried photographs of none other than Mr Ahmednasir Abdullahi standing in the dock of the Milimani Law Courts. He was giving evidence in the case of a Mr Abdi Hosh Ashkir, who has been charged with obtaining $50,000 (Sh5 million) by false pretences (Daily Nation, Lawyer quizzed over unusual land deals). Under cross-examination Ahmednasir Abdullahi admitted that he signed a sale agreement for a piece of land in Somalia which did not bear the sellers passport number or physical address. When asked why he did the transactions without verifying the existence of the assets, Mr Abdullahi said Somalis trust each other and this kind of transaction was not unusual (Daily Nation). Our law firm has done many transactions involving those of land in Somalia and more particularly in Mogadishu, The Star reported Mr Abdullahi saying. Now the Kenya Forum is not suggesting that in the case of the Somali land deals Mr Ahmednasir Abdullahi has done anything wrong. We do suggest, however, that if a judge in front of the JSC, or anyone accused of acting with impunity, had used the, we trust each other defense, Abdullahi would have laughed them out of court. The Standard did not cover Mr Ahmednasir Abdullahi court appearance at any length. It just published a photograph of him in the dock with a short caption, under the headline, Nothing but the truth. COMING UP LATER TODAY (5pm Nairobi time), a short posting: The Nairobi Law Monthly,

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Imenti Central MP Gitobu Imanyara, Dr Jason Kaviti, the murder of Dr Robert Ouko and Gakiha Weru of the Sunday Nation.

KENYA'S ONLINE DREAMS...

RIP. Kalahari.co.ke

Kenyas online business dreams took a tumble recently with the passing away of Kalahari.co.ke. to the graveyard of dead businesses. The Forum likes to see flourishing businesses in Kenya, so the demise of any business is seen here as both a loss and sadness. Closures mean loss of jobs, loss of income to the State, and loss of structure to the business community, apart from the personal losses of the seniors who invested time effort and hope into the enterprise. In the KenyaForum article on the late Steves Jobs we mentioned that all businesses., need a vision, they need direction and they need someone to lead them Another set of qualifications we would add to the formula for a thriving business is being in the the right place at the right time with the right idea. and this we feel was Kalaharis original and fundamental mistake. The leadership of Kalahari is not in question, Kalarahi.co.ke was part of MIH Ltd who are part of the mighty media group Naspers. Naspers operate in 131 countries worldwide, reaching to several 100s of millions people daily with sites such as 24.com, Tencents(China), Mail.ru, Allegro, Mweb, Ibibo, Gadu-Gadu and Ricardo (to name but a few!)their ability to lead and get things right is not in question,..except.

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Credit card uptake low in Kenya

Why has Kalahari closed in Kenya? (and in Nigeria). The company says its down to the lack of uptake of credit cards in Kenya, which whilst undoubtedly true, we feel was only a partial answer. Kachwanya delves one layer deeper when he identified that the problem lies with trust..I think [..in Kenya]..that is lacking at the moment Its not surprising really that people in Kenya dont trust online services, when, according to the

Internet security a major issue in Kenya

CBK, the banking system alone loses Sh5m per day through cybercrime fraud. Although the government are addressing some of these security issues, or at least attending the right conferences, there is still much more do be done to make the Kenyan internet a safe place. This lack of indigenous financial security forced Kalahari to use overseas finance portals which added to their costs and further burdened suppliers with delays and exchange rate fluctuations. Another aspect that MIH may have overlooked when they were planning their domination of African retailing with their Amazon.com inspired model, was the problems with deliveries in Kenya. In all of the countries where Amazon thrives there is already a well tried and proven system for secure deliveries. What is there in Kenya? The international transport groups offer a decent service but are costly for this type of delivery, and the postal system is relatively primitive.

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Until a system evolves which can quickly and cheaply deliver goods to the right door and put the goods in the hands of the person that ordered them, then we think it unlikely that online goods sales will flourish in Kenya. Amazon in Western Europe can deliver to the door within 24hrs on most goods, and it has been a key to success. If the online provider inconveniences the customer in any way they lose custom. The Amazon model is a great one to aspire to, but it didnt happen by accident. In the USA and Europe almost every household has a credit card, the internet is mostly secure, and Amazon themselves are very secure (you can safely leave your credit card details with them for quicker checkouts) Their warehousing is automated for faster picking and packing and distributors line up to take the goods for next day delivery. And thats not all. We havent mentioned which products are appropriate for online sales yet. Online retailing in the West, evolved, like in Kenya, through a process of trial and error, and there were many early casualties. The goods that initially sold online were either: unique (you cant get them anywhere else) or cheaper than normal retail, or were listed so as to be easier to find than conventional shopping (ie early days of Amazon with books and CDs). Convenience, cost and uniqueness then became the model, and Amazon encompassed all these aspects, making them the world largest online retailer. So dont give up just yetKalahari.co.ke found out the hard way, maybe it was too ambitious for Kenya...just yet (Kalahari.com is still fully functioning in South Africa). Maybe the next contender will look also at M-Pesa transfers, and consider the mobile market (biggest internet growth area in Kenya) lower cost or unique goods, and a more appropriate delivery system. The prize has still to be taken.

RUSSIAS VLADIMIR PUTIN ANOTHER INDISPENSABLE LEADER

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Russias Vladimir Putin another indispensable leader?

Russias Prime Minister Vladimir Putin has defended his decision to run for the Russian Presidency in March 2012, saying he wants to finish his work of improving prosperity for his people and securing his countrys place as a world power. In this he has been supported by the out-going President, Dimitry Medvedev. Putin had already been President of Russia between 2000 and 2008, since when he has served as Prime Minister, nominally under Medvedev. If the election result goes as planned (and the Kenya Forum means planned) then Medvedev will be become Prime Minister (but the power will revert to Putin). If this interesting arrangement continues, Vladamir Putin will have been President and Prime Minister of Russia, and then President again, for 20 years by the time he finishes his second term (for the second time) in office as President in 2020. PRESIDENT MUSEVENI JOINS THE TOP FIVE Of course, leaders who stay in power for 20 years are nothing new to Africans. 20 years in power?

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President Museveni joins the top five longest serving African leaders

Thats for beginners! With the death of Libyas Muammar Gaddafi, Uganda President Museveni joined the ranks of top five longest-serving leaders on the African continent, having come to power in January 1986, 25 years ago. Note though that Museveni is only fifth in the rankings. President Paul Biya of Cameroon has been in power for 29 years; President Robert Mugabe of Zimbabwe, 31 years; President Jose Eduardo Dos Santos of Angola, 32 years; and topping the list is none other than that famous old democrat, President Teodoro Obiang Nguema Mbasongo of Equatorial Guinea, who has lovingly presided over his peoples welfare for 32 years. Vladimir Putin, like Museveni and all the other semi-permanent political leaders in Africa, thinks he is irreplaceable. They all cannot imagine anyone else doing the job of President. Or perhaps its just that they all want to keep their hands on the power and the money for as long as possible. Either way, millions of Africans are fed up with it. SIR ALEX FERGUSON: 25 YEARS IN POWER AND STILL HOLDING ON!

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Sir Alex Ferguson 25 years in power

Another world leader celebrated 25 years in power last week. Last Sunday marked Sir Alex Fergusons 25th anniversary as the manager of one of the worlds most popular and best football clubs, Manchester United. It is his tenure at Manchester United that has seen the club go through an era of success and dominance both in England and Europe, that has given Ferguson a reputation as one of the most admired and respected managers in the history of football. It was on 6th November 1986 that the then Alex Ferguson took over at Old Trafford (Manchester Uniteds ground) where he found a drinking culture and unfitness among players. His first mission was to instill discipline which he managed and the fruits of his efforts were evident when United finished 11th in the English First Division (now the Premier League) in his first season.

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It wasnt until the 1989-90 season that Sir Alex clenched his first title (the FA Cup) with United after a period of reforming the club. Since then Manchester United have won a series of titles totaling 38 trophies in all, unmatched by any other English Club. Sir Alex Ferguson shows no signs of retiring as manager of Manchester United, stating at one time that he was too old to retire. He said that only his health will remove him from the hot seat. Sir Alex is one leader whose longevity in office is celebrated by the millions of Manchester United fans on the African continent and, one suspects, even by the millions of supporters of his opponents, those who follow Arsenal, Chelsea, Liverpool and even Manchester City.

A STRIKE A DAY KEEPS THE GOVERNMENT AWAKE

UASU Secretary General, Muga K'olale

Learning in the majority of Kenyas 18 public universities in Kenya has finally been paralysed after the University lecturers downed their tools (chalk presumably) on Wednesday in a dispute over salary reviews (Daily Nation: Lecturers set to down tools). The dissident dons are demanding restructuring of their salaries and harmonisation of allowances as they say was agreed between the Unions and the Inter-Public University Councils Consultative Forum (IPUCCF) in June 2009. The Universitys Academic Staff Union (UASU) Secretary-General, Muga KOlale, called for all scheduled exams and graduation ceremonies to be suspended and the strike has brought academic programmes to a halt. We will not relent until we are given a convincing counter-offer [from the Ministry of Higher Education], Mr KOlale said, adding that the 7,000 lecturers will remain on strike as long as it takes after an industrial court declared the strike illegal. The strike follows after failed efforts to have the government address lecturers grievances and comes two months after teachers went on strike as schools resumed classes for the final term of the year. That strike, called by the Kenyan National Union of Teachers (KNUT), went on for a week and was only called off after the government stepped in and gave in to the teachers demands.

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MEDICAL STAFF STRIKE TOO

Medical Service Minister, Anyang' Nyong'o

The university lecturers strike is not the only problem the government has to worry about as staff at the Kenyatta National Hospital also went on strike the same day. 4,000 workers downed their tools (in their case stethoscopes, scalpels, syringes and mops) demanding five months worth of unpaid commuter allowances be paid, amounting to some Sh230 million. Patients were left unattended however those in critical areas such as the Intensive Care Unit, labour wards, and the renal unit, which houses dialysis machines for kidney patients were taken care of. Doctors and the entire hospital staff have a right to strike. As leaders, we need to come up with solutions for using the limited resources we have to ensure we have quality health services for all, said Medical Services Minister Anyang Nyongo. As reported in The Standard, the workers, under their umbrella body, Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied Workers (Kudheiha), had on Tuesday given the Government a 24-hour ultimatum to pay the hospital staff their allowances. We are working with other senior employees who have received their dues union Secretary General Albert Njeru said, adding that the union gave a strike notice to the government prior to their action, but the latter failed to heed their calls. In such disputes it is always difficult to know who is in the right and who in the wrong, normally its a bit of both which either side you look at but it does seem that once again the government side is either dragging its feet (the negotiations with the university lecturers, for example, have been going on since 2009) or failing to meet established agreements. Whether this arises from incompetence or belligerence is hard to tell.

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Whatever the reason, as long as this mode of management maintains the Kenya Forum can understand why some state employees have come to believe that the only way to make the government address their plight, is by going on strike.

PRIME MINISTER DAVID CAMERON, THE GAY ISSUE AND AFRICA

The Rt. Hon. David Cameron MP

Quite why he did it nobody knows but Mr David Cameron, sorry, The Rt. Hon. David Cameron MP, the Prime Minister of Great Britain, was having a gay old time at the Commonwealth Heads of Government Meeting (CHOGM) in Perth, Australia, last week when he decided to lecture Africa on the subject of human rights for homosexuals. The basis of his speech was in effect was this: recognise the rights of homosexuals you naughty Africans, or the Mother Country will stop sending you presents in the way of aid. Mr Cameron singled out Ghana, Uganda, Zambia and Malawi for special mention for having laws

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that criminalise homosexuality. The assembled Commonwealth representatives were shocked, not surprisingly really given that of the 54 countries represented at the meeting at least 41 do not recognise homosexuals rights in the way that the British Prime Minister would wish. Quite why it all came as a shock though, is a bit of a surprise. A month previously a Mr Andrew Mitchell MP,

Mr Andrew Mitchell MP

Britains International Development Secretary, was reported in the Daily Nation as saying, African countries which persecute gays will have their aid cut. The Nations report referred to Mr Mitchell as, one of Mr Camerons closest allies. So Africa had already been warned by none other than the egregious Mr Mitchell, one of the most unpleasant human beings you would wish not to meet. The fact that he might be one of Mr Camerons closest aides is worrying (in terms of Camerons judgement) but perhaps not surprising. When Cameron stood for the leadership of the British Conservative Party, a man by the name of David Davis was his main rival. Andrew Mitchell ran the Davis campaign and he did so, so badly, that he was able to snatch defeat from the jaws of victory for initial front-runner, Davis. So David Cameron has reason to thank Andrew Mitchell. AFRICA REACTS

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The reactions to Mr Camerons speech came thick and fast. Ghanas avuncular President, John Atta Mills, said, Prime Minister Cameron should have taken into account the fact that, social and cultural circumstances were not the same [in Ghana] as it prevails in the UK, and continued, The people of the UK may accept the practice but our people frown on it (Ghana tells off UK over threat on gays). Zambias Chief Government Spokesman, Given Lubinda, said that his country was a sovereign state and would make independent decisions and that it was wrong for Mr Cameron to try and use aid as a way of influencing policies and laws of Zambia, or any other country for that matter (Zambia wont enact pro-gay laws to get aid, says official). Ugandas Presidents long-term advisor, John Nagenda, condemned Prime Minister Camerons remarks and referred to his bullying mentality (although that was a bit rich coming from Nagenda in particular, or any spokesman on the part of President Museveni in general). The Kenyan media pitched in too. Dorthy Kweyu, writing in the Saturday Nation (UKs aid ban on countries that outlaw gay rights smacks of double standards) declared, Tolerance should be reciprocal and even as Britain calls anti-gay laws intolerable and wields the aid rungu to cow them into reversing their stance, it should practice what it preaches by tolerating countries that have issues with same-sex unions. Gatu Warigi, in an article posted by Africa Review (Can Africa survive the Western onslaught over gay rights?) noted that polygamy is as common as common flu in Africa but a crime in the West. He continued, When British Prime Minister David Cameron spoke recently at the Commonwealth summit about tying aid to tolerance for homosexuals, he wrote, he was speaking as a Westerner who has been culturalised to look at gay lifestyle as normal. Why did the British Prime Minister say what he said? Why was everyone so shocked? Are there lessons to be learned? And does it matter? The Kenya Forum thinks everyone, including Cameron and Mitchell, should calm down a bit. The British Prime Minister was also addressing, perhaps chiefly addressing, an internal audience. He had declared at his partys conference in October that he would defend his decision to legalise gay marriage. Cameron is in an uneasy alliance with the Liberals in the UK and is also trying to show that his stuffy old party has been modernised and relates to modern (Western) thinking. Cameron also conceded that change would not come overnight and he included enough caveats in his speech to ensure that it could mean everything and nothing. Remember, Mr Cameron is a politician. Both Cameron and Mitchell should also remember, whether they like it or not, that many, many Africans hold very strong views based on their religious beliefs (which one assumes they are allowed to hold as free individuals) that homosexuality is wrong.

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CALM DOWN KENYA AND READ THE BILL OF RIGHTS We Kenyans should also calm down. Legislating for or against homosexuality is daft. You might as well pass a bill in parliament banning sunrise. Homosexuality exists and it exists pretty much in the same measure and to the same extent as it has always done. And theres one other little matter we should take into consideration but whisper this one softly who dares: our new Constitution will not allow discrimination against homosexuals, or minorities (and nor will our new Chief Justice, Willy Mutunga). Article 27. (4) of the Bill of Rights states, The State shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth. Nor can a person discriminate against any other on the grounds specified or contemplated in clause (4). So come on everybody, relax. Meanwhile, Cameron, Mitchell, butt out and mind your own business.

A CUT ABOVE THE REST: MALE CIRCUMCISION IN KENYA

Male circumcision - good for your health and good for your love life too?

A World Health Organization (WHO) report says Kenya accounts for over 50 per cent of men circumcised in 13 sub-Saharan African countries under the Voluntary Medical Male Circumcision programme (VMMC). Out of 555,022 circumcised men and boys, 327,479 were circumcised in Kenya. This is good news in the battle against HIV/AIDS and, apparently, good news for womens sex lives. The 13 sub-Saharan African countries of Botswana, Kenya, Lesotho, Malawi, Mozambique,

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Namibia, Rwanda, South Africa, Swaziland, Tanzania, Uganda, Zambia and Zimbabwe were identified by WHO and the Joint United Nations Programme on HIV/AIDS as priority areas for the programme because they have high rates of heterosexually transmitted HIV and low rates of male circumcision. The WHO projects a reduction of HIV/Aids prevalence in these countries by 25 per cent and 20 per cent in women. This proportion of men circumcised would prevent over four million HIV infections in the focus countries by 2015. Kenya has made the most progress. With the figures cited, no other country has performed nearly as well, said Jackson Kioko, Nyanza Director of Public Health and Sanitation. The next largest number of circumcisions performed was in Zambia, with 16,800 circumcisions in 2009 and 6,200 in the last two months of the year, when Kenya performed 36, 000. (See, Kenya leads Africa in male circumcision). Kenya aims to have at least 84 per cent of males (up to 426,500) circumcised by 2013 at cost up to $56 million. SEX JUST BECAME BETTER say Kenyan Women in Nyanza The WHO report came barely two days after another survey dubbed The Effects of Male Circumcision on Women, revealed that Kenyan women whose male sexual partners are circumcised have reported an improvement in their sex life, as reported in The Star. Women against HIV/Aids in Kenya (WOFAK) and The National Aids Control Council conducted the study on 200 partners of men in Kisumu who were recently circumcised and reported that nearly 78 per cent said their sex life had improved while about 22 per cent reported no change. The top reasons cited by women for their better sex life are improved hygiene, longer time for their partners to achieve orgasm and their partner wanting more frequent sex, says Carol Odada, WOFAKs principal investigator. What do Kenya Forum readers think? Circumcision is good for your health: is it good for your love life too?

AL-SHABAAB: HOW REAL IS THE TERROR THREAT IN KENYA AND WHAT SHOULD BE DONE FOR INTERNAL SECURITY?

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Al-Shabaab A current and credible threat in Kenya

The Al-Shabaab issue is like a big animal, with the tail in Somalia and the head of the animal is hidden here in Eastleigh, Internal Security Assistant Minister Orwa Ojedeh declared to parliament. It was an interesting analogy if you think about it. If Al-Shabaabs tail is in Somalia and Kenyan forces have, presumably, just stepped on it by invading southern Somalia, what will the head do? That Kenya and Nairobi in particular are jittery at the prospect of possible terrorist attacks following the onset of Operation Linda Nchi, there is no doubt but to what extent is there a credible threat? And are we prepared? As The East African reported (October 24-30 issue), Islamist militants in Somalia have vowed to take revenge on Kenya. The newspaper quoted Sheikh Hassan Dahir Aweys a noted Islamist who is listed by the US as a terrorist as saying, Kenya has joined the list of occupiers of another countrys land, and history will tell what happens to their aggression, and he vowed, We shall fight Kenya on all fronts possible. The Daily Nation declared (October 27) that, A security cordon has been thrown around the country as the government moves to thwart possible terrorist attacks by Al-Shabaab. Security patrols had been enhanced, the paper reported, especially in government offices, public places and major highways. The same report said that owners of shops, hotels, restaurants, bars and public transport in Nairobi had hired security officers armed with metal detectors to screen patrons and passengers. That this is at least to a certain extent true we all know, as evidenced by the queues of cars

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entering shopping centres and airports, for example, awaiting a search, although the Kenya Forum notes that the check points at Jomo Kenyatta and Wilson Airports still seem to be operating as bribery points with little realistic effect on improving security. The Standard on Saturday raised concerns under the headline, Attacks in City point to critical security lapses, reporting that experts were calling for programmes to train the public on security management. The Kenya Forum was however, somewhat skeptical of the idea raised by one expert in the Standard, Simiyu Werunga, Chief Executive of the African Centre for Security and Strategic Studies. Mr Werunga called for the training of civilians on how to deal with security issues (fair enough says the Forum). He went on to suggest, We have people like cobblers, hawkers, guards and newspaper vendors, who are always on the streets. Training them on how to profile individuals will improve the publics alertness as to what is going on and neighbourhoods (unlikely says the Forum). A CURRENT CREDIBLE THREAT So how serious is the threat from Al-Shabaab terrorism within Kenyas borders and if there is a threat, what should be done? The Kenya Forum spoke to a former special forces officer and a security analyst based in Nairobi who gave their assessment of the situation. There is a current credible threat against Kenya from Al Shabaab, the former told the Kenya Forum, noting that Al-Shabaab have declared that we will destroy your skyscrapers and ruin your tourism. It is well known, he said, that if Al-Shabaab says they will do something, they will follow it through. To give just one example, In May of this year Al-Shabaab stated that anyone caught watching or playing football would be punished. Six weeks later a suicide bomber detonated himself, killing 74 people in Kampala watching football. WE ONLY NEED TO BE LUCKY ONCE! He noted that the advantage was to a large extent with the would-be terrorist, quoting the Irish Republican Army (IRA) from the nineteen eighties. When talking to the British government they stated that, you need to be lucky all the time [to avoid a terrorist attack], we only need to be lucky once! referring to how much easier it was to attack than defend. Given the real threat of an attack he stressed concerns that the countrys internal security arrangements were as yet not robust enough. Nairobi should be on its highest state of alert, he said, and whilst people are being searched going into Nakumat, Kenya is not doing enough to prevent the real and obvious threat of terrorist attacks, such as to, Tall buildings in Nairobi include the Hilton, which is both a skyscraper and accommodates many tourists.

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The former special forces officers recommendations were to, spend what it takes to defend the obvious. Start putting up large rewards for information that leads to an attack being averted. Get the people of Kenya to start working towards their own defense. The Kenyan state, or any state for that matter, cant do it on their own. THREAT NOT CONFINED TO NAIROBI The threat is by no means confined to Nairobi, as a security analyst told the Kenya Forum. We have already seen NGO workers being taken from the area of the Dadaab refugee camp, he said, including one man working for CARE and two women working for Medicine Sans Frontierre. This shows how easy it is to do (unless you are taking precautions) and also shows how comfortable Al-Shabaab is at operating outside of the Somali borders. There have been several confirmed sightings of Al-Shabaab cells on the road into Dadaab as well as fatal attacks on motorists traveling on this route, he continued. THREAT OF FLAG ATTACK ON DADAAB? The security analyst told the Forum that he had a theory that that could be on the agenda based on the weight of information coming in, of a possible attack by Al-Shabaab on the Dadaab IDP facility, targeting workers foreign and local. This could be an Al-Shabaa flag, he said, in which, they capture it [Dadaab], kill as many as possible and when a counter attack is launched, they withdraw. The security analysts recommendations were to strengthen the buffer between the border and the Dadaab camp. He suggested, Irregular patrols of well armed soldiers in large numbers and, Apply more air assets to the area, tied this in with men on the ground with an intercept capability. At the same time, he suggested, Strengthening the access to the camp. Fence it, patrol with dogs and greatly increase the numbers of armed guards stationed there. The Kenya Forum says that our security forces cannot be everywhere, nor can private guards, and nor can even constant vigilance by the Kenyan people stop every attack. We urge greater vigilance, of course, but we agree with Mutuma Mathiu, the Daily Nations Managing Editor, who wrote, The intention of Al-Shabaab is to terrify us. The only way to defeat them is by not being afraid and getting on with our lives.

OPERATION LINDA NCHI: ASSESSING KENYAS MILITARY ACTION IN SOMALIA

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Kenya's military action in Somalia - 'where are we now?'

So where have we got 20 days into Kenyas military action against Al-Shabaab in Somalia? How goes Operation Linda Nchi? The Kenya Forum has spoken to a former special forces officer based in Nairobi to seek his assessment of progress to date and more importantly, what should happen next. When Kenyan troops crossed the border into Somalia the Kenya Forum gave its qualified support to the move (Operation Linda Nchi: Kenya goes to war in Somalia): qualified in so much that the serious business of going to war, like marriage, should not be entered into lightly but reverently and responsibly. The Forum argued that in order to protect Kenyas border security, its citizens (and those who visit our country), and in order to secure regional stability, the military campaign was justified. We counselled, however, that no one should be under any illusion that this would be an easy task and we urged Kenyas military and political leadership to ensure that they had clear and achievable aims in mind set against a realistic timescale for the operation, and a clear exit strategy through which to bring it to a close. Comment in the Kenyan media was likewise largely supportive of the campaign but some voices of concern and even outright opposition to the move have been aired in the nations newspapers. VOICING CONCERN David Makal, for example, a director of The Media Institute, asked in The Star (Going after Shabaab not worth our while), How long will it take to annihilate the al Shabaab (and its new recruits) and is Kenya prepared for the long haul? Is it worthwhile for our budget? Is Somalia strategically important or are we dancing to some masters tune?

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Elizabeth Dickson, a former editor of Foreign Policy magazine, also writing in The Star (The curious case of Kenya in Somalia) noted that militant groups have thrived off the local vs. foreigner narrative and listed the countries whose troops had become embroiled in Somalia, including Britain, Italy, the United States, Ethiopia, Uganda and Burundi, concluding that Kenyas addition to the list came with ominous complications. Dr Nene Mburu, a former Kenya Army officer and an academic in war studies, writing in the Daily Nation (Kenyas much-hyped incursion in Somalia a strategic miscalculation) argued that, controlling Kismayu does not significantly address the insecurity Somali pirates pose; that Somalis fight each other until a stranger appears then they suspend their traditional feudings to face the common enemy; and that, Arguably, the effectiveness of the invasion as a strategy for neutralizing non-state combatants, specifically Al-Shabaab, is questionable. Dr Lukoye Atwoli stressed concerns (Clear objectives needed for going into Somalia, Daily Nation) that there seemed to be no clear objective for the war or an exit strategy. The main short-term objective in my view, he declared, should be to create a buffer zone between Kenya and Somalia. SUPERB AND FOOLHARDY: A FORMER SPECIAL FORCES OFFICERS ADVICE The former special forces officer assessment and advice given to the Kenya Forum was informative and thought-provoking. The Kenyan invasion of Somalia is superb on one hand and fool hardy on the other, he told the Forum. Superb as it opens up a third front that Al-Shabaab have to now fight on, supply and deal with casualties, all of which are a drain on critical resources, to minimize their ability to carry out terrorist atrocities. However, he continued, foolhardy as the brave men of Kenya are now up against a force of men that are battle hardened. The Ugandan and Burundi soldiers graves lay testament to that. He had other concerns. The [Kenyan] men, he suggested, are ill equipped, very few wear body armour and the logistics supply chain is long. Once stretched, Kismayu could be that bridge too far, it would be a perfect time to lay an ambush for the advancing Kenyans and whilst Kenyans enjoy the huge military advantage of air support Al-Shabaab enjoy intimate knowledge of the ground and hold the element of surprise constantly. GO FIRM, EXECUTE THE PLAN, ACHIEVE THE AIM Those were his concerns and he suggested several recommendations to address them. In military terms the Kenyan armed forces should go firm, he said. This means stop advancing, consolidate your logistics, rest your men, reconnoitre the main objective tirelessly, execute the plan and achieve the aim.

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Remember, he continued, it is an impossibility for Kenyan, or any other force, to hold ground in Somalia for ever. So dont try. Once Kismayu is taken, hand over to the forces of Somalias Transitional Federal Government and withdraw to our borders to protect them from illegal entry. The Kenya Forum supports our countrys military action in Somalia but we believe the advice of the former special forces officer should be heeded. Tomorrows posting, 9.30am Nairobi time: HOW REAL IS THE TERROR THREAT IN KENYA AND WHAT SHOULD BE DONE FOR INTERNAL SECURITY?

NEXT POSTING...
Starting tomorrow 9.30 am (Nairobi time), Monday, November 7: Operation Linda Nchi, the conflict in Somalia, and the terror threat in Kenya. The Kenya Forum reveals the analysis and advice from former special forces officers and military analysts. See also: Operation Linda Nchi: Kenya goes to war in Somalia (October 19) There is a solution in Somalia (October 20)

Kenya Football Association: New dawn or just a name change?

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Sam Nyamweya - Same faces, same old ball game?

The Kenya Football Federation (KFF) and Football Kenya Limited (FKL) unanimously gave way to the newly formed Kenya Football Association (KFA) in a move to bring unity in the sport and take Kenyan football forward to new heights. At the helm of the new football body is none other than Sam Nyamweya, who swept aside stiff competition from the youthful Hussein Mohammed (considered by Kenyas footballing public as the knight in shining armour who rode on the desire for change The Standard Oct 30, 2011) to become the head of the KFA. Sam Nyamweya is a former secretary and chairman of the KFF which has been ravaged by internal wrangles and poor finances. This led to a split where FKL was formed. KFF led by Sam Nyamweya was supported by the Government while FKL, which was under the leadership of Mohammed Hatimy, was supported by FIFA. With the formation of the KFA Kenya now has one new all-encompassing body in charge of football. A new governing body yes, but most of the faces that were part the previous administrations are still there in KFA which begs the question of whether real change will be seen in the management of football, or is it just the same old story with a new title? The Forum recognises that it was a free and fair election and the winners deserved the victory and that this is a step in the right direction. We now await and hope to see effective and positive changes that will improve football in Kenya. Kenya can host the 2019 African Cup of Nations and the World Cup? Kenya is planning to bid for the 2019 African Cup of Nations which we almost did 15 years ago in 1996 but lost due to a failure to put in place proper infrastructure and a commitment to work with the federation. Kenyas Prime Minister Raila Odinga, believes Kenya is capable of hosting not only the African Cup of Nations but the World Cup too. In an interview with the BBC, Raila said that the Government is conducting a study on the areas that need to be improved before launching the bid to host the competition. The Kenya Forum thinks that indeed Kenya is capable of hosting such a high profile competition but needs to invest more in football in terms of infrastructure, security and management of football in the country. Kenya has a better economy and infrastructure than most of the African countries that have previously hosted the African Cup of Nations so its just a matter of getting our act together.

KENYAS TOXIC GIFT TO THE STARVING

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Aflatoxin contaminated maize

Kenyans have yet another security threat to worry about. This time, its not the Al- Shabaab but food security. This comes after the Kenya Red Cross Society (KRCS) Secretary General, Abbas Gullet, revealed on Thursday last week that about 60,000 school pupils are at health risk after consuming contaminated relief food supplied to drought stricken parts of the country. Following the drought that ravaged the country in the last few months, an initiative spearheaded by SAFARICOM and KCB FOUNDATIONS dubbed KENYANS for KENYA (see Kenya Forum posting August 10) was launched in an effort to raise Sh500 million, in four weeks, towards famine relief for over 3 million Kenyans who were facing starvation. The response was overwhelming as patriotic and compassionate Kenyans contributed generously, even exceeding the Sh500 million target. Part of the money raised was used to buy Unimix, a nutritious pre-cooked, high protein food that comprises maize and soya which is fortified with vitamins and minerals, and the food was to be distributed in schools and health centers. DEADLY AFLATOXIN Tests by the Kenya Bureau of Standards, SGS and Analab confirmed that the food ration contained traces of the deadly aflatoxin and thus was unfit for human consumption. The supply had been made to eastern, northern Kenyan and the coastal regions. Experts warn that exposure to aflatoxin can lead to liver cancer and the affected pupils must undergo urgent medical check-ups. The two firms that supplied the Unimix, Proctor & Allan EA Ltd and Sai Millers, have been put on the spot and forced to recall the products. Abbas Gullet confirmed that 362 metric tonnes of Unimix supplied had been recalled and is now under lock and key waiting to be destroyed.

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Adan Duale MP - "Millers must take responsibility"

Dujis MP Adan Duale who called for investigations on the matter, said the two millers should take responsibility. The two millers must be made to take responsibility of the health issues that are likely to face our children, he said, This also means that we have no assurance that the food we are consuming in the country is safe in any way. However, Proctor & Allans managing director, Judy Macharia, argues that the contaminated products had minimal aflatoxin to harm those who had consumed the food. The contamination is of no adverse limits, but we have decided to recall the batches as a precautionary measure, she said. Given that the deadly fungus was found in products not from some rogue supplier but from a mainstream miller, Kenyans are a rightly worried.

SEE YOU IN COURT: KENYAN WIVES FLEX THEIR MUSCLES


Kenyas new constitution seems to have given women more clout not just politically and economically but socially as well. A common Swahili saying goes, mjinga akierevuka,mwerevu huwa mashakani (When the fool gets wiser, the wiser will be in trouble). The Kenyan woman who has been played the fool for a long time seems to be getting wiser as far as her rights in the family set up are concerned. This year, several women have made news headlines by suing their estranged husbands and placing substantial financial demands on them for their upkeep and that of their children. MOI vs MOI

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Rossana Moi Sh. 250,000 per month

Take the case between Mr Philip Moi, the son of former President Daniel arap Moi, and his former wife Rossana Pluda Moi. She first went to court to have her husband compelled to take responsibility and pay for his familys upkeep, a case that she won with the presiding judge ordering Mr Moi to pay her a monthly allowance of Sh60, 000. A few months down the line Rossana Moi was back in the court seeking an increase in her monthly allowance which she claimed was not enough to cater for her daily needs and rent. The courts decision again was in her favour. Mr Justice J.B. Kariuki ruled that Mr. Philip Moi should pay his ex- wife, the money, which was increased from 60,000 to 250,000 per month. In his ruling, Justice Kariuki said that the application was a matrimonial matter in which the welfare of the children was involved and that the Constitution conferred on every child the right to basic nutrition, shelter and health care. SH27 MILLION UPKEEP ARREARS Last week, as reported by the Daily Nation on October 25, Ms Nazlin Rajput Umar, a former presidential candidate, sued a tycoon she claims to have married under Islamic Sharia law on September 27, 2010. She is demanding more than Sh280 million as upkeep and dowry. She alleges the businessman pledged Sh250 million and a Mercedes Benz as dowry. She also wants the court to order a Mr Madatali Chatur to deposit Sh27 million in her bank account as upkeep arrears from October 2010. He has failed to provide me with love, care and support, she said, adding that she has no access to the matrimonial homes, properties and bank accounts. Today, as reported by Carol Maina of The Star, another Kenyan woman has gone to the courts seeking maintenance fee. Leah Mueni, wife to the Bishop of Helicopter of Christ Church (honest), Thomas Wahome, is demanding Sh 300,000 for upkeep. She claims that the bishop is a man of means who earns millions from tithes, offerings and from selling anointing oil and water (yes, you read right, selling anointing oil and water). Mueni wants the court to order Wahome to give her two vehicles, Sh 40,000 for house rent, Sh 50,000 for food, Sh 80,000 for fuel, Sh 15,000 for her sons school fees, Sh 100,000 for entertainment and Sh 215,000 for miscellaneous items. This she says, will cater for the lifestyle she is accustomed to.

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Whether its their constitutional or matrimonial rights, women in Kenya, or at least some of them, appear to be flexing the new-found muscles. BE BREAST AWARE ALL YEAR

Self-examination - A key way of detecting changes in the breast

Throughout October many Kenyans and the Kenyan media, focused on one of womens most treasured assets; their breasts. The aim was to raise awareness about breast cancer, the most common cancer among women accounting for 21% of all the cancers diagnosed. Statistics reveal that breast cancer is the leading cause of cancer deaths in women between the ages of 15 and 54 and the second cause of cancer deaths in women from age 55 to 74. Although women with a family history of breast cancer are at a high risk of contacting the disease, about 85 per cent of cases occur in women who have no family history of breast cancer. This occurs due to genetic mutations that ensue as a result of the aging process and life in general, rather than inherited mutations. According to statistics from the Kenya Cancer Association (KENCASA), most patients are diagnosed with breast cancer in the advanced stages of the disease which makes it all but impossible to control but if detected early, breast cancer can be treated successfully. SELF-EXAMINATION IS THE KEY WAY TO FIGHT THIS SCOURGE Thus the breast cancer awareness campaign, which aimed to sensitise and educate women on the importance of monthly breast self-examination, which is one of the key ways of detecting any changes in the breast. Over the course of the month Kenyan women got a chance to receive free breast examinations and screening in different health centers and medical camps across the country. Breast cancer kills approximately 18,000 Kenyans every year, which translates to about 50 deaths every day. Self breast examinations combined with annual clinical breast exams performed by a doctor, and preferably a yearly mammogram after the age of 40, would help to

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dramatically cut the number of deaths in Kenya. Breast cancer awareness shouldnt be for one month a year, says the Kenya Forum. The women of Kenya can take action to battle this scourge by regularly examining their own breasts.

WHAT ON EARTH ARE WE GOING TO DO WITH SEVEN BILLION PEOPLE?

The World's population reaches 7 billion

According to the United Nations population division the worlds seven billionth living inhabitant was born on Sunday, October 30, 2011. As someone once said, a billion here and a billion there and soon youre talking serious money. In the main people do not get, or comprehend billions. So just to clarify, seven billion is seven thousand, million people, or 7,000,000,000, and that figure is growing by some 10,000 per hour. Thats a lot of people and a large number of mouths to feed. Not everyone agrees that Sunday marked this mammoth milestone in the worlds population. Americas Census Bureau says it wont be until March 2012 before the seven billion figure is reached. Nor is there consensus among experts and commentators as to whether we should be relaxed about it all, deeply concerned, or even in a blind panic at the prospect of a world so full of people. The Forum thinks it depends whether you adhere to the views of Malthus or Condorcet. Fear not, we will explain but thats for later. First some more figures. THE WORLDS BALLOONING POPULATION It took until about 1800, over 210 years ago, for the world to reach a population of one billion human beings; another 130 years to reach a population of two billion in 1930 but only another thirty years more to reach three billion (1960). The next thirty years saw another two billion added to the total of the worlds population to six billion by the year 2000 and the latest

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increase from six to seven billion has taken only 12 years. KENYA DOES ITS BIT Kenyans too are doing their bit to push up the population. At the time of the last official census in August 2009 there were estimated to be 39 million people in Kenya. That figure is now estimated to be 41.6 million just over two years later, not that surprising given that there are estimated to be one million babies born in Kenya every year. You get the picture. The human race is breeding like rabbits and just as significantly, more humans are surviving into adulthood and we are generally living longer than our parents or grandparents. With the increase in population, changing demographics and altered economic behaviour, humans are becoming more urban than rural dwellers. According to a report by the United Nations Population Fund (UNFPA) entitled The State of the World Population 2011: People and Possibilities in a World of 7 billion, one in two people presently lives in a city but in 35 years two out of three people will be urban dwellers. MORE SUB-SAHARAN AFRICANS THAN EUROPEANS Interestingly, as the Western worlds birth rate declines and that of Africa continues to grow apace, this too will lead to a major flip in population distribution. In 1950, it is estimated, there were three times as many Europeans as sub-Saharan Africans. By 2010, there were 16 per cent more sub-Saharan Africans than Europeans. By 2100, according to the United Nations Population Division, there will be nearly five sub-Saharan Africans for every European. So, should we be pessimistic or sanguine about the worlds rapidly expanding population? Can the human race cope and adapt, or will we be crushed by the sheer weight of numbers? Will it just be the tallest man with the biggest nose that survives? THOMAS ROBERT MALTHUS 200 years ago the British political theorist Thomas Robert Malthus (1766 1834) was on the side of the pessimists. In fact he started the whole population running out of control scare and gave his name to the theory Malthusian. Malthus taught that the growth of population tends to be more rapid than the increase in the supply of food, and that the growth of population must be limited either by preventative checks in the form of foresight on the part of parents or, if the pressure of population cannot be relieved by emigration or the opening up of new lands, by positive checks in the form of poverty, disease and war. It has been a while since Malthuss name has cropped up in the media but it has made resurgence in the last few days and his doom laden prophecies have gained new adherents.

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Writing in The Star last Tuesday, Roger Martin, the chairman of the charity Population Matters warned that our population rises at the same time as the number of people can sustain shrinks, as high birth rates, compounded by resource depletion and environmental degradation actively hinder degradation. Mr Martin went on to quote Maurice Strong, secretary general of the 1992 Earth Summit: Either we reduce our numbers voluntarily, or nature will do it for us brutally. Now thats Malthusian. For Roger Martin and Population Matters there needs to be a culture shift in favour of smaller families and increased resources for family planning and womens empowerment. He concluded, The more we are, the less for each; fewer people means better lives. THE MARQUIS DE CONDORCET So thats Malthus for you. What about Condorcet? Who he? we hear you ask. The largely forgotten Marquis De Condorcet (1743-1794) was also a political theorist but hailing from France. He took an altogether more optimistic view of the population situation than that of Malthus, arguing that humankind and the Earth had the ability to produce sufficient subsistence for all. Condorcet held that science would increase the food supply or that reason would prevent excessive growth of population. An article first published in the New York Times by a Mr Joel Cohen, author of How Many People Can the Earth Support, also appeared in The Star on Monday of this week (Can the planet support 10 billion people?), which took a more Condorcet-like line. Cohen described as unjustified the dire and discredited prophecies of Thomas Malthus and his followers, who believed that soaring populations must lead to mass starvation. He pointed out that between 1820 and 2008, economic output per person increased elevenfold; that life expectancy in the last thousand years tripled to an average of nearly 70 years; that the average number of children per woman fell worldwide to about 2.5 now from 5 in 1950; and that the worlds population is growing at 1.1 per cent per year, half the peak rate in the 1960s. Joel Cohen did not argue that rising populations posed no problems, he cited water shortages as prime amongst these, but he did seem to more positive that by caring for our environment and for biological diversity, problems could be overcome. IS A FALLING BIRTH RATE THE REAL PROBLEM? So less to worry about than some thought? According to Jim Forsyth in todays Business Daily the greater concern might be slower population growth not over-population. For the first time ever, the, the human reproduction rate is slowing significantly, he wrote, summarizing the views of a Dudley Poston, professor of sociology and demographics at Texas

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A&M University. Once you have fertility rates drop below two, it is very hard to get it to go back up again, the good professor was quoted as saying. We now have 75 countries in the world where the fertility rate is below two, he continued, far below the rate of 2.2 to 2.3 children per woman deemed necessary to keep the population steady. So who is right? Is the worlds population out of control and heading for an unsustainable tipping point followed by famine and pestilence? Or can we work our way out of the problem? And is there a problem in the first place? STANDING SHOULDER TO SHOULDER A LITTLE PERSPECTIVE Let us just put the whole worlds population in perspective. Given 30 centimeters square of land each (about 12 inches), every man, women and child on earth today could stand should to shoulder in Rome, Roanoke County in Virginia, USA, or indeed, in an area the size of Nairobi or Zanzibar. The Forum is more with Condorcet than Malthus. As people get wealthier the evidence is that they have smaller families. As people, particularly women, become better educated and empowered, they opt for smaller families. Put the two together and the evidence suggests that with these developments a countrys population reaches a natural level of balance, it does not just keep growing inexorably. Drought is made by nature or God (depending on your point of view); famine is made by man. Let us protect our environment and let us protect and enhance biodiversity but we can work this out.

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KENYA FORUM OCTOBER REVIEW


A chance for readers to review the 25 articles posted on the Kenya Forum in the last month. KENYA FORUM EXCLUSIVE! THE INTERNET, POWER AND RESPONSIBILITY: THE LESSONS TO LEARN FROM RAILA ODINGAS OFFICIAL BLOG (Oct 28) The blog site purports to be Raila Odingas official Blog and it is still available online The Kenya Forum has for a long time considered whether or not to publish this story LITERALLY, ILLITERACY AND STRANGE REPORTS THE KKVS MISSING MILLIONS (Oct 27) Those involved in the raid took away documents we had for an in-depth story on the Kazi kwa Vijana scandal which we were working on, Mr Semelango told The Star. THE OLDEST PROFESSION AND THE PRICE OF TEA (Oct 26) Its the time when the Kenya Tea Development Agency (KTDA) pays out the annual bonuses to tea farmers Thats good news for tea farmers, apparently good news for the oldest profession in and around Kisumu, and not so good news for farmers wives. DR JASON KAVITI, RIP? (Oct 25) Dr Jason Ndaka Kaviti died last Wednesday [His] chief claims to fame were to have promoted the idea that Dr Robert Ouko, had committed suicide and that Julie Ward had been struck by lightning or killed by wild animals Both conclusions were ludicrously wrong. KENYAS EDUCATION SYSTEM GOES DIGITAL CHEATS BEWARE! (Oct21) Exam cheating in Kenyan schools has been a vice the Kenyan National Examination Council (KNEC) has been trying to fight for a long time and the Councils efforts seems to be paying off RESURFACE OF THE UGLY DERBY: AFC LEOPARDS VS GOR MAHIA! (Oct 22) Thursdays Leopards vs Gor Mahia cup game saw the resurfacing of what used to be witnessed years back Gor and AFC Leopards fans clashed once again KENYAS VITAL STATISTICS: WHAT SHAPE ARE WE IN? (Oct 21)

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The results of surveys and opinion polls 59 per cent of 20-24 year olds regarded their church or mosque as the best thing in life. THERE IS A SOLUTION IN SOMALIA (Oct 20) The longer-term solution to Somalias problems rests not with Kenya, or the West, or anyone else The solution to Somalias problems rests in Somalia, with the Somali people, and in particular in Mogadishu. OPERATION LINDA NCHI: KENYA GOES TO WAR IN SOMALIA (Oct 19) War on Al-Shabaab the ramifications of Kenyas armed intervention will reverberate for a long time to come The Forum therefore counsels caution and an objective appreciation of a realistic outcome to the conflict. ARE KENYANS HAVING MORE SEX OR GETTING MORE SENSE? (Oct 18) Kenyans use about 20 million condoms every month which translates to about 670,000 daily! In 2008/09 HIV prevalence among women, however, was twice as high as that for men KENYANS REASONS TO BE CHEERFUL and why Kenyans should take pride in their country (Oct 17) A few reasons for Kenyans to be cheerful and to take great pride in their country WOMEN IN KENYA: WHAT DO THEY KNOW OF THE NEW CONSTITUTION? (Oct 16) This is indeed a milestone for Kenyan woman, one thing that is evident is that large swathes of Kenyan women, especially in the rural areas, are yet to benefit from adequate information on what they stand to gain under a new constitutional dispensation. Genetic testing in Kenya: Dads Not Around? (Oct 15) There is an increasing demand for DNA testing in Kenya, even at Sh35,000 a shot want to find out if they are the real fathers of the children they are raising Some Kenyan women are choosing who to sire their children with and who to raise them. KENYA FORUM NOW MOBILE (Oct 14) www.kenyaforum.net site is now enabled with a mobile application just log in to kenyaforum.net from your mobile (and add it to bookmarks!) and the mobile detection software will re-jiggle the site so you can read it on your smartphone. BRANDING KENYA AND THE CRISIS ON THE COAST (Oct 12) Brand Kenya is unveiling a Sh76 million awareness campaign Nitakuwepo (Ill be there)

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to raise awareness of the need for national cohesion. Sh76 million is about $745,098. Nitakuwepo but will anyone else? KENYAS POLITICAL MACHINATIONS MORE DECORUM PLEASE (Oct 12) Kenya is no stranger to political rivalry and the machinations of Machiavellian politicians The coalition government is purpose built for the propagation of political infighting. Theyre at it like chickens in a yard. WHEN CHINA MET AFRICA: KENYA AND THE WAKING DRAGON (Oct 11) It is not a question of going with China, or the US, or the European Union, or anyone else, or at least it shouldnt be CORRUPTION AND THE CORRUPTION COMMISSIONS: WHO IS INVESTIGATING WHOM? (Oct 10) We need the anti-graft body to audit the Commission, a source supposedly told The Standard. Brilliant, isnt it, now the TJRC has got to be investigated! KENYA AND THE WORLD IS iSAD: STEVE JOBS 1955-2011 (Oct 8) This week saw the passing of Steve Jobs at the tragically young age of 56 after a six year battle against pancreatic cancer Steve Jobs didnt come from an advantaged background, after he dropped out of college he lived off the proceeds of returned Coke bottles and handouts from the local Hare Kishna Temple. KENYAS EL CLASICO AFC LEOPARDS VS GOR MAHIA (Oct 8) The biggest fixture in the Kenyan football, the derby match between AFC Leopards and Gor Mahia lived up to its hype. EDUCATION IN KENYA: MORE TEXTBOOKS NEEDED NOT MORE VAT (Oct 7) The quality of education in Kenya many children in public schools will go to class without the necessary books, following the Governments decision to introduce Value Added Tax on textbooks and exercise books THE PRICE OF PIRACY (Oct 6) Bed and breakfast, lunch on the veranda, an evening meal out at a local restaurant, sea, sand and getting kidnapped is not what people go on holiday to the Peponi Hotel for. The Lamu tourism trade has collapsed overnight SANITARY TOWELS ARE A SERIOUS [EDUCATION] ISSUE (PART 2) (Oct 5)

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If only the poor girls, who have to miss school when its that time of the month again, could also tell Mother Nature to go for a vacation until January, then maybe they could just wait patiently for the government to keep their word. STATE TURNS A DEAF EAR (Oct 4) The Kenya Association for the Deaf (KAD) has complained that the State isnt listening to them One group that is listening and may be listening more to you in the future, is Kenyas National Security Intelligence Service the Forum asks: what chance of a muzungu, or a Muslim, or indeed a woman, being appointed VP in Kenya? KENYAS NATIONAL POLICE SERVICE ACT: TOUGH LAWS FOR LAW ENFORCERS OR CARRY ON REGARDLESS? (Oct 3) The recent accusations of police misconduct give cause for concern The deaths of John Muturi Kariuki and James Mugo Waithira would suggest they may be right.

THE INTERNET, POWER AND RESPONSIBILITY: THE LESSONS TO LEARN FROM RAILA ODINGAS OFFICIAL BLOG
KENYA FORUM EXCLUSIVE

It was nearly two years ago when one individual involved with the early development of the Kenya Forum site came across a blog that some 18 months after the election had left up comments posted during the immediate aftermath of the last election and the post-election violence that erupted at the time. The blog site purports to be Raila Odingas official Blog your agent for change and it is still available online. The comments on the blog appeared to have been posted from as early as December 6, 2007, and to stop on June 12, 2008, but the Forum was most interested in the section containing 142 comments posted between January 11 and February 27, 2008.

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The Kenya Forum wishes to stress at the outset that the vast majority of the comments posted on the site at the time (probably 130 out of the 142 comments posted) called for peaceful and democratic opposition to what the contributors saw as a stolen election. They were reasonable in tone and reasoned in the arguments that they contained. However, some comments were published on the site that to say the least were inflammatory. To maintain a proper perspective and to allow readers to judge for themselves we urge you to view the full text of the 142 comments at http://raila2007.wordpress.com/2008/01/11/which-way-forward/ The Kenya Forum has for a long time considered whether or not to publish this story. That we have done so now is because we believe it demonstrates vital lessons that must be learnt in time for the next election. We urge visitors to the Forum (who now number many thousands) to read all the way through to the end of this posting not only so that they may considered the conclusions reached but also to in turn put this posting in its proper perspective and understand the spirit in which it has been written. WHICH WAY FORWARD

Post - election violence cost Kenya dearly

First some extracts from the website posted on January 11 and 12, 2008, which although edited in places are reproduced below as they were posted, spelling errors, block capitals and all. The sites operators began the debate headed WHICH WAY FORWARD with the statement, We came out in numbers for change, We were robbed of our victory, We called for peace as we dialogue. Now the talks have scrambled and posed the question, Dear ODM ers which way forward?

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The first response was posted at 10:15 on January 11, 2008, from Celine. The name of each contributor and the time/date of their comment are given for each of the other extracts that follow thereafter. Celine wrote, The way forward is coming out and fighting for our rights. We voted for change. If it mean fighting and destroying property then be it. At 12:27 Turncoat wrote, THE TREE OF DEMOCRACY MUST BE WATERED BY BLOOD OF PATRIOTS KENYA I WILL BLEED FOR YOU IT IS A STRUGGLE BETWEEN THE RICH AND THE POOR. THE MIDDLE CLASS ARE NOT HELPING HERE the revolution will change things. BJ at 1:16 declared, Nairobi needs to be paralysed. Paralysed and thoroughly paralysed. Mara Kapkatet wrote at 3:02, It is totally unacceptable that Kikuyus are the exclusive rulers while the other Kenyan tribes are to remain ruled. At 5:23 tnk wrote, I suggest to split the nation or secede and have central/eastern as one unit and the rest to be a new nation for united free and democratic people of Africa lets work toward splitting the country in two and have those willing to be lead by central Kenya move into that country and those willing to work with other regions move out to the other. On January 12 at 6:08, Tonnie Otieno wrote, Lets not give them time we shd come out in large numbers demonstrate either peaceful or violent until we get our prezzy. GIVE US THE GUNS AND THE BOMBS It was a long comment written by an ARTHUR AJWANG at 9:54 on the same day that perhaps most shocked the Forum. He wrote: ENOUGH IS ENOUGH! WE WONT STAND-BY AND SEE POLICE, G.S.U. AND MUNGIKI KILL OUR BROTHERS, MOTHERS, SISTERS AND CHILDREN AS WE WATCH HOPELESSLY GIVE US THE GUNS AND THE BOMBS SO THAT WE CAN MATCH THIS FORCE AND FIGHT FOR OUR DEMOCRACY AND THE HONEST WIN THAT WE VOTED FOR. BIG SUCCESSFUL DEMOCRATIC AND DEVELOPED STATES WENT THROUGH WAR AND ITS HIGH TIME WE WENT THAT WAY OR ELSE THE SELECTED ELITE OF AGIKUYU HEGEMONY WILL RULE UPON US WITH IMPUNITY FOREVER AND EVER. THERE WILL BE COLLATERAL DAMAGES, BUTS THAT THE WAY IT GOES, KIMUNYA HAS TO BE PROVEN TO THAT INDEED WE ARE AT WAR, THE BIG BUSINESS KIKUYU MAGNATES MUST SEE THEIR NAIROBI BUILDINGS AND BUSINESSES GO DOWN IN RUINS, THERE MUST BE NO K.R.A. BUILDING, NO TREASURY BUILDING, NO CENTRAL BANK, NO PARLIAMENT

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WE CAN SECEDE.. THE SIX PROVINCES SO LONG AS WE HAVE THE GUNS AND BOMBS TELL THE O.D.M. AND THE INTERNATIONAL OBSERVERS TO GIVE US GUNS AND BOMBS WE WILL EVEN BE SUICIDE BOMBERS, WE ARE READY WE WILL SUICIDE BOMB THESE INTRANSIGENT BASTARDS AND LET THE REST OF KENYA ENJOY THE FRUITS OF OUR BLOOD AND DEATHS. WE PLEAD, GIVE US THE GUNS AND BOMBS, WE ARE READY. THE COUNTRY SHALL KNOW PEACE AFTER A BLOODY WAR. At 11:41 on the same day one OPADO warmed to Arthur Ajwangs theme. OPADO wrote: ITS NOW OUR TURN TO VOMIT MUNGIKI REGIME KILL THEM WITHOUT FEAR OR FAVOUR WE MUST ARREST SOME OF THEM INCLUDING KALONZO BURN THEIR HOMES KILL THE POLICE DONT GIVE THEM A CHANCE TO TAKE YOUR PRECIOUS LIFE FOR THEY ARE ONLY ACTING AS MUNGIKI AGENTS. KILL THEM I SAY USE HOT PUR, BEES, ACID, FUEL, PUT OIL ON THE ROADS AND LIGHT THE FIRE The above are perhaps most extreme of the comments made and the Forum wishes to reiterate that the overwhelming response of contributors was to urge a peaceful and democratic response to what they saw as an injustice. Readers will be able to judge for themselves. Others warned of the dangers of what was happening on the ground. To give one example, Nyarangi wrote on January 14 at 11:45: A gentle CAUTION!!! At the last rally I tried to march peacefully to Uhuru Park (from Ngong Road) in a group of about 70, but shock on me! 75% of my fellow ODMers were actually misguided Hooligans From tribal overtones to ill-intention even BEFORE there was a sight of a single cop! As bloggers we might argue reasonably, but on the ground stuff is different. Its the bitter truth, be careful. RAILA ODINGA

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Raila Odinga - No evidence that he condoned or contributed to the site

The Kenya Forum would also like to stress that it does not believe that the now Prime Minister, Raila Odinga, would have been aware of the comments posted on the site, or that if they had been brought to his attention, would have condoned the sentiments expressed in the more extreme responses quoted above. There is no evidence that the Forum can see of Raila Odinga contributing in any way to this official blog despite the title it was given. It appears far more likely that blog was established by someone in the ODM campaign team and allowed to run without being monitored. Nor does the Forum believe that the ODM, or an ODM operative, are alone at fault for allowing this sort of inappropriate campaigning. LESSONS TO BE LEARNT The Kenya Forum does, however, draw certain conclusions from the content of the blog and the way it was managed (or not managed), and believes that there are vital lessons to be learnt to help ensure a more peaceful outcome to the next election. These lessons need to be understood now, not when it is too late. That is why we have published this posting today. THE POWER OF THE INTERNET: WITH POWER COMES RESPONSIBILITY Campaign groups must realise the power of the medium that much of modern political campaigns are conducted through the Internet. A posting on a site can spread like a virus (indeed, it is often meant to) and be accessible for a long time as we have seen. Thats fine for legitimate debate and comment, and as a tool for organising a campaign, it has to, however, be handled responsibly. Allowing comments of the sort quoted above to be published without being monitored, and where appropriate removed, is irresponsible. THE NEXT ELECTION

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For the run up to the next election and during the post-election comment, the Kenya Forum urges all campaign groups to institute effective monitoring and editing of the campaign websites and blogs. It may even be wise, or necessary, for an independent body to be established that monitors campaign sites and warns editors when and if inappropriate postings have been published. Finally, the authorities, the political parties and international election monitoring groups, must work together to ensure that the next election is free and fair and seen to be so. Meanwhile, the political campaign teams should hold back from running the, We will win if the other side do not steal the election from us message, that will only serve to stoke the anger of the supporters of the losing side. With a fair election and responsible behaviour by the party campaign teams, we will all end up being the winners in the new democratic Kenya.

LITERALLY, ILLITERACY AND STRANGE REPORTS

A KKV project - Where's the money gone?

The roof literally came down on the House as furious MPs demanded a statement from Prime Minister Raila Odinga over the Kazi kwa Vijana (KKV) multi-million shilling scandal, ran the opening line of The Peoples front page report this morning under the headline Raila away as youth cash row hits House. The Forum thinks that someone should take the reports author, Mwaniki Muhuhe, his sub-editor, possibly even the editor of The People and shoot them. Not shoot them literally, you understand but metaphorically. The misuse of the word literally occurs regularly in Kenyas newspapers and magazines and it is enough to drive this Forum correspondent mad. Literally means factually, accurately and exactly according to the Thesaurus consulted in preparation for this posting. If the roof of the House of Assembly had literally come down one might have expected it to be reported in the newspapers, or to have heard a report of the disaster on a news broadcast. As far as The Forum is aware, Kenyas House of Assembly remains intact and our beloved MPs safe from

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the dangers of falling masonry. THE KKVS MISSING MILLIONS

Deputy Prime Minister Musalia Mudavadi - Weakness in financial management

The Peoples report was referring to the fracas in the House yesterday when Deputy Prime Minister Musalia Mudavadi came to the dispatch box to issue a statement on behalf of the Prime Minister to refute claims that the World Bank-backed Kenya Youth Empowerment Project has a Sh33 million whole in its accounts that cant be accounted for (according to a World Bank draft audit report). The programme has now been cancelled by the government in order to re-orient the resources after the World Bank withdrew a Sh4.3 billion loan to support the project and demanded a refund of the Sh945 already dispersed. The Nation on Sunday broke the news (World bank cancels funding for Kazi Kwa Vijana over graft) reporting that the jobs for youth programme had been cancelled after an audit review revealed officials of the Prime Minister had misappropriated millions of shillings. The House was charged reported The Standard as the Deputy PM told Honourable Members that the report only revealed weaknesses in the financial management of the project and that, The report is subject to change after quality assurance reviews and validations. He was no doubt right about that, you can bet it will be subject to change. THE PRIME MINISTER GOES MISSING

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MPs were not happy, however. It was not so much what Musalia Mudavadi said, or did not say, that annoyed them but rather that he was saying anything in the first place. Where was Prime Minister Odinga to answer for himself? MPs wanted to know. To be fair to the Prime Minister, he was otherwise engaged making a speech to a UNESCO conference in Paris, appealing to the international community to help in stabilising Somalia. THE TRUTHS ALSO MISSING COMPUTERS AND A REPORT ON THE KKV Placed just beside The Stars report of the cancelled KKV project was a small item headlined, Truth Weekly offices raided, computers stolen. According to The Stars Chrispinus Wekesa, the offices of Talanta Africa Media, the publishers of Truth Weekly, were broken into on Tuesday evening and six computers and a camera were stolen amongst other items including some documents. Gor Semelango, the companys CEO said he found it puzzling as to why only computers used by reporters were taken and those of the administration were left. Those involved in the raid took away documents we had for an in-depth story on the Kazi kwa Vijana scandal which we were working on, Mr Semelango told The Star. Perhaps the Truth Weeklys expose was taken away for quality assurance reviews and validations. KENYA FORUM EXCLUSIVE! Who wrote, Kill the police, dont give them a chance I say use hot pure, bees, acid, fuel, put oil on the roads and light the fire Coming up in tomorrows Kenya Forum posting.

THE OLDEST PROFESSION AND THE PRICE OF TEA

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Tea ladies?

Its tea time, or rather the time when the Kenya Tea Development Agency (KTDA) pays out the annual bonuses to tea farmers. This years bonuses are expected to reach Sh40.5 billion, a massive rise even on the historic Sh38.2 billion paid out in the 2009/2010 financial year. KTDA Chief Executive Officer Mr Lerionka Tiampati noted (Tea farmers to reap from Sh40b bonus) that the rise in this years national earning makes it the third year in a row of impressive performance. Thats good news for tea farmers, apparently good news for the oldest profession in and around Kisumu, and not so good news for farmers wives. The problem is that farmers flush with up to hundreds of thousands of shillings in cash sometimes head off to town and blow their money on wild women and drinking, assuming they dont lose the lot to clever con men in the first place. It is alleged that twilight girls pour into the region from as far as Mombasa, Nairobi, Nakuru and Kisumu to lure the now rich farmers and end up swindling them of their hard earned money. Avoid prostitutes! Kirinyaga Centrals MP Gachoki Gitari warned tea farmers in the county who are expecting their bonus payment. The same message was repeated to tea farmers in the South Rift region by the chairman of the Small Scale Tea owners Association South Rift branch, Joel Chepkwony, in a speech at the Tea Hotel (where else) in Kericho Town. As soon as the farmers get their money, they should go home and plan well how to pay for their children schools fees, how to improve their family lives maintain, their tea bushes to the highest standard and make good saving for other family overheads, said Mr Chepkwony. Past experience [shows that] some farmers end up losing the entire amount their earning from tea bonuses to prostitutes and the conmen masquerading as money doublers, the groups commonly known as Wash Wash, he continued. THE FARMERS WIVES TALE According to The Weekly Citizen, the tea farmers wish to be away from their normal social joints in Kericho and prefer the change of environment in Kisumu Town, not least because their spouses are known to cause unnecessary embarrassment in Kericho town with some going as far as following them to their hideout where they enjoy good times with young mistresses. The Forums not quite sure that the farmers wives are being unreasonable, or that the embarrassment caused is unnecessary, what with the husbands running the likelihood of losing all their money and the wives facing the likelihood of having to tend the shambas without a Shilling. (The Forum was also somewhat skeptical of The Weekly Citizens headline, Where

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young girls rape old men: it didnt read as if the old men needed much cajoling). Not surprisingly, many farmers wives are demanding that the tea bonus be split with them before their spouses get the chance to lose it all. It is a story that gives rise to salacious interest by the media but there is a serious point to be made. For the farmers families whose husbands and fathers have headed to Kisumu with the brains between their legs, the result can be impoverishment and hardship (and the spread of disease). Joel Chepkwonys advice in his speech to the Small Scale Tea Owners Association should be heeded. The KTDA should make bonus payments through farmers bank accounts, or arrange for them to draw cash from the nearby Tea Farmers SACCO offices within their localities, in the small trading centers like Kapsoi, Litein, Mogogosiek, Bomet. It wouldnt entirely solve the problem but there would be a far greater chance of local families getting their hands on at least some of the earnings, and a reduction in the number of fickle farmers make their way to the lure of the red lights of Kisumu. KENYA FORUM EXCLUSIVE! Who wrote, We will suicide bomb these intransigent bastards and let the rest of Kenya enjoy the fruits of our blood and deaths? Find out more in this Fridays posting

DR JASON KAVITI, RIP?

Dr Jason Kaviti

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Dr Jason Ndaka Kaviti, the former Chief Government Pathologist, died last Wednesday in the Nairobi Hospital. The news of his death was reported in The Standard on Monday in a report by Mutinda Mwanzia headlined, The man who claimed Ouko committed suicide. The Forum feels that it cannot let Dr Kavitis passing go without comment in order to put on record some of the, shall we call them mistakes, that Kaviti made and to shed a little light on the myths that have grown out of those errors. Dr Kavitis chief claims to fame, if they can be termed such, were to have promoted the idea that Kenyas Minister of Foreign Affairs, Dr Robert Ouko, had committed suicide in February 1990 and that British photographer Julie Ward had been struck by lightning or killed by wild animals in September 1988. Both conclusions were ludicrously wrong. DR ROBERT OUKO Dr Robert Ouko had been murdered on the morning of 13th February (his body was initially found by a local herdsboy on that day who reported it to local villagers but not to the authorities). The Ministers disappearance was only notified late the following day (the 14th) after he failed to turn up to the airport to travel to The Gambia on an official visit. It by then being dark a police search began the next morning (the 15th) and Dr Oukos burnt body was found the next morning (the 16th) at Got Alila Hill. It was in the late morning (about 11.30am) of the 17th February that Dr Kaviti arrived at the foot of Got Alila Hill about 2.8 kilometers from Dr Ouko Koru farm to examine his body and began the first stage of the post-mortem process. Kaviti noted that Dr Ouko had been shot in the head and that the bones of his right ankle had been broken. The latter he initially attributed to the effects of the heat generated by the burning body but later he agreed that the break could have been caused by a blunt or sharp force. Oukos body was then sealed in a body bag and taken to Nairobi for a further post-mortem examination which revealed bullet fragments in his skull and intense burning on the back of his body. Kaviti concluded that the cause of death was severe brain damage following a bullet wound to the head and subsequent burning. On the 21st February, 1990, Detective Superintendent John Troon of Scotland Yard arrived in Nairobi supported by two other British detectives and Dr Iain West, a Forensic Pathologist from Guys and St Thomas Hospitals in London. THE OUKO SUICIDE THEORY

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Dr Rober Ouko, Kaviti maintained suicide theory

Dr West then carried out a further post-mortem at the Lee Mortuary in Nairobi throughout which Dr Kaviti was looking over his shoulder. West recorded later that he did not reveal his thinking to Kaviti other than to say, I dont think this is suicide, to which Kaviti replied, But you cant exclude suicide. West recalled that at the time he agreed with Kaviti, because at that stage we didnt know what the tests on the firearm residues were going to show. Forum readers may be wondering why Kaviti and West were even considering suicide as a possible cause of Dr Oukos death at that point. The answer is, because they had to. At that stage all they knew for sure was they were looking at a burnt body with a shot wound in the head and Oukos .38 five chambered revolver containing one spent round was also found near the body, so they had to consider all options as to the cause of death, however unlikely. The difference between Dr West and Dr Kaviti is that the former rapidly came to the conclusion that Dr Oukos wounds were not consistent with suicide and that he had been murdered, in short, that he could not have shot himself in the head, set himself on fire and then laid down neatly on the ground, whereas Kaviti for some time maintained the suicide theory as a realistic (but obviously absurd) possibility. From West and Kavitis consideration of suicide as a possible cause of Oukos death, and Kavitis insistence that the theory was a viable one, arose the largely erroneous story that the official, that is the Kenyan governments position, was that Ouko had killed himself. There is little evidence to support this contention other than Kavitis stance. President Moi had already issued a statement that was published on the front page of The Nation on the 17th February (the day after Oukos body was officially found) to assure the public that anyone who may be associated with this horrible event will most certainly be apprehended and brought to justice, and on the same page Professor Saitotis statement was reported in which he stated that Oukos death was murder.

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The pushing of the suicide theory story seems largely to have arisen because newspapers at the time reported that suicide was being considered by the police (British and Kenyan), which of course they had to consider, and this in turn was the theory they favoured where in reality it was largely only Dr Kaviti (and some local officials) who still pushed the idea. Interestingly, Detective Superintendent Troons Final Report delivered to the Kenyan authorities some six months later still included the line, I cannot completely rule out the possibility that Dr Ouko committed suicide. The Kenyan Police Further Investigations Report concluded that quite a good number of people including professionals held the view that Dr.Ouko might have committed suicide but that, It was possible that that was a mere speculation based on ones impression after looking at the scene but that Ouko had not committed suicide and that he must have been murdered and that nobody offered evidence to support that [suicide] theory. By the time of the Gicheru Commission in 1991 Dr Kaviti had changed his line and agreed that Ouko had been murdered and he said the same to the Parliamentary Select Committee in 2004, although on that occasion he got the date of Oukos murder wrong by claiming his murder occurred on the 14th February 1990. Scotland Yards investigations and Dr Iain Wests forensic analysis had already proved in 1990 that Ouko was killed on the 13th February and that Ouko had been murdered where his body was found, or a few feet from that spot (which also ruled out the shot in State House theory). THE MURDER OF JULIE WARD

Julie Ward, Kaviti said killed by lightening or wild animals

Nearly two years before Dr Ouko was murdered, Kaviti had gained prominence (and later notoriety) for again arguing against all reason that British photographer Julie Ward, whose dismembered body had found in the Masai Mara Game Reserve in September 1988, had been

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killed by wild animals or by lightening. Julie Ward had in fact been murdered and an attempt made to hide the fact by cutting up her body and burning it. At that time Dr Kaviti was Director of Public Health and there is pretty much incontrovertible evidence that he altered the forensic report compiled by Dr Adel Shaker, Kenyan Polices forensic expert, changing the description of Julie Wards injuries, to cover up her murder. Here we are, some 23 years later, and the murderers of Julie Ward and Dr Robert Ouko have never been successfully prosecuted. Some of them are still alive and at large. There are many reasons why the truth of these two murders has remained hidden or obscured. One reason was the incompetence, or worse, of Dr Jason Ndaka Kaviti. They say that you should not speak ill of the dead but on this occasion the Forum feels that it has to. KENYA FORUM EXCLUSIVE! Who wrote, Its now our turn to vomit Mungiki regime. Kill them without fear or favour? See this coming Fridays posting.

KENYAS EDUCATION SYSTEM GOES DIGITAL CHEATS BEWARE!

The vast majority of Kenyan students do not cheat in their exams

The national education exams have not been left out of the various major reforms that have been witnessed in key areas of Kenyan life. Exam cheating in Kenyan schools has been a vice the Kenyan National Examination Council (KNEC) has been trying to fight for a long time and

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the Councils efforts seems to be paying off as the number of students involved in cheating in last years exams dropped significantly to 534 (0.14 per cent) from 1,171 (0.35 per cent) in 2009. Candidates have been accused of collecting money with the intention of buying examination papers from unscrupulous people who in most cases just sell them fake examination papers. Parents have also been blamed for fuelling cheating by smuggling mobile phones to their children during the exam period. INSTITUTIONAL CHEATING The greatest criticism, however, has been directed at education institutions. While announcing last years results, Minister of Education Professor Samuel Ongeri accused some institutions of using unorthodox methods to attain good results. He alleged that some schools have paid university students or former KCSE candidates who performed well to re-sit exams for failing students so as to boost their performance index. KENYAN NATIONAL EXAMINATION COUNCIL TAKES ACTION KNECs Senior Deputy Secretary, Edah Muiruri, said strict measures had been taken to curb cheating in this years examinations which would also be monitored by the Anti-Corruption Committee under the directions of Bishop Eliud Wabukala. The two bodies agreed to partner and come up with a report on exam irregularities that would help eradicate cheating on exams in the future. Among the new measures introduced by KNEC is a rule that ensures candidates will not sit exams in the afternoon. The exams body alleges that most cheating occurred between 2pm and 5pm. The Council will also, for the first time, issue certificates that bear photographs of candidates at national secondary and primary school levels. The new move, according to Paul Wasanga, the Chief Executive Officer of Knec, will help eliminate forgery of certificates and stamp out impersonation of candidates during examinations. RESULTS BY SMS AND E-REGISTRATION INTRODUCED

but KNEC CEO Paul Wasanga is taking action against those that do cheat

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Today, candidates can access their results via text messaging (SMS) to access results and the E-registration of students also began this year. If Paul Wasangas words as reported on The Standard (17/10/2011) are anything to go by, the long wait for result slips could end soon as candidates will be able to print them by clicking a button. To do this, candidates will obtain a scratch card from the Council, which they can then use to print out their results. The scratch card will contain a secret code that once they log onto the Kenya National Examination Council (KNEC) website and feed [in] the digits, the authentic slips will pop up and can be printed anywhere, said Wasanga. JAMMING MOBILE PHONES The Council also announced that it will soon adopt a technology to jam mobile phone networks around examination centers. Wasanga says this is within KNECs strategic plan 2011-2015 and could be rolled out anytime from next year. The Forum often dishes good measures of criticism but on this occasion we are happy give a thumbs up to KNEC for what looks like a job well done so far. KENYA FORUM EXCLUSIVE! Who wrote, The way forward is coming out and fighting for our rights If it means fighting and destroying property then so be it? Coming up in Fridays posting this week

RESURFACE OF THE UGLY DERBY: AFC LEOPARDS VS GOR MAHIA!


The Kenya Forum has posted articles in recent times celebrating Kenyans passion for football. We are all united by division! (11 August) heralded the start of the English Premier League season and only two weeks ago we likewise celebrated the AFC Leopards vs Gor Mahia rivalry (Kenyas El Clasico, 8 October). Our comments were positive in tone, our reflections affectionate, and it transpires, they have proven to have been misplaced. Thursdays AFC Leopards vs Gor Mahia cup game saw the resurfacing of what used to be witnessed years back just when we thought things were getting better. Gor and AFC Leopards fans clashed once again after what had been a relaxed start to the match, forcing FIFA referee Davies Omweno to abandon the game with just seven minutes remaining (Gor Mahia were leading 1-0). Fans from both sided taunted each other, which later escalated to exchanging missiles, turning the scene to a battle field. Only after Gor Mahia defender Eric Masika was hit by a missile did the referee see the need to end the match prematurely. Incidents like these were common during the 80s and 90s during which the two sides where title

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contenders, winning the coveted trophy in turns. It was so intense during those days that it involved sorcery to try and win matches, or prevent the rival from scoring. Gradually down the years it turned from title contention to bragging rights which also saw the reduction of ugly scenes like the one witnessed on Sunday. The Forum thinks that its high time that the stadia board and the football bodies responsible, handle this issue so as to prevent such ugly scenes from happening. They could demarcate the arena such that theres a clear boundary between rival fans. Objects such as glass bottles should not be allowed in the stadium. NYAYO STADIUM DISASTER ONE YEAR ON: REPORT EXPECTED IN DAYS, WEEKS, POSSIBLY

Nyayo National Stadium

A report into the disaster at the Nyayo National Stadium that happened one year ago when a crush at a gate left eight people dead during, again, a match between AFC Leopards and Gor Mahia, is due to be released soon, it was announced yesterday. The investigation was commissioned by Prime Minister Raila Odinga. Kenyas Sports Commissioner Gordon Oluoch told the BBC that the report was ready: I believe anytime from now you have the assurance of the Prime Minister that everything is on track and it is left with a little bit of polishing, he said. So when will the report be released? It could be days or weeks but I believe it is just around the corner, said Oluoch, In my opinion it is just a formality of doing the presentation but the work has been done, he continued, and the Commissioner reassured us, The government will take the report very seriously because it was a committee which was constituted by the government. FORGIVE US FOR BEING SKEPTICAL

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Gordon Oluoch

Kenyans will be skeptical that the government is bound to take a report constituted by itself seriously, we have a long history of this not being the case; the need for polishing is also not reassuring, and Oluochs total lack of knowledge as to when the report will be ready also gives rise to great skepticism. In this we are not alone. IF THERE IS A REPORT Jack Oguda, the Kenya Premier Leagues Chief Executive Officer, is also skeptical, not least because he says that no investigation has been carried out! Oguda told the BBC, We have been expecting an inquest to be done. The initial date was in August, but it never took off. The Forum asks, who are we to believe? The Prime Minister? Gordon Oluoch? Jack Oguda? Any of them? Eight people died in the tragedy. This weeks match between AFC Leopards and Gor Mahia suggests that such a tragedy could happen again. Somebody needs to get their act together. A CONFUSED KENYA PREMIER LEAGUE

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Jack Oguda

Not that the Kenya Premier League can lay claim to a holier than thou attitude According to the Daily Nation (Crisis looms at KPL as clubs reject fixtures) the Kenya Premier League Limited landed itself in a crisis after the board decided to reschedule Ulinzi Stars match against Sofapaka and Chemelil who are also potential title contenders. This was despite the fact that they had already awarded both Chemelil and Sofapaka three points because Ulinzi Stars players were not available as they went to participate in the World Military Games in Rio de Janeiro, Brazil, ignoring warning by the same KPL board that they would lose points if they played in the World Military Games. Worse still, the KPL rescheduled the match between Ulinzi and Sofapaka to 26th October, the same day Sofapaka will be involved in the FKL Cup Final. Are they expected to play two matches on the same day? The Forum says we cannot afford such confusion and indecisiveness from those charged with managing football in Kenya. The chaos at the Nyayo National Stadium, the confusion over the report into last years tragedy and the incompetence being displayed by the KPL administrators are indicative of just some of the factors that are causing problems with football in this country.

KENYAS VITAL STATISTICS: WHAT SHAPE ARE WE IN?


It was the British wartime Prime Minister Winston Churchill who is supposed to have said that there are, Lies, damn lies and statistics. He may have been right but what is for sure is that the results of surveys and opinion polls make for column inches in our newspapers which if viewed with an objectively critical eye and thereafter swallowed with a pinch of salt can provide some valuable, or at least interesting, insights. It was back at the end of August that the Business Dailys quarterly pull-out, The Edge, reported on Kenya Consumer Trends.

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Apparently 66 per cent of us living in urban areas have a sofa to sit on compared to 36.1 per cent in rural areas which at least means there are enough places to put bums on seats for the 52.6 per cent of Kenyas urban dwellers who own a television and the 22 per cent rural folk who do so. However, a note to marketers, advertising agencies and the like: the same survey revealed that 90 per cent of the urban population has access to a radio, as do some 80 per cent in the countryside. Old fashioned radio, for the time being at least, is still top dog in the media stakes. [Source: Financial Access Survey] ARE WE ALL MIDDLE CLASS NOW? Much of The Edges coverage concentrated on Africas Middle Class based in part on a survey by the African Development Bank entitled The Middle of the Pyramid of Middle Class in Africa. This, it must be said, seemed somewhat at odds with that surveys own findings that 77 per cent of East Africas population lives on $2 (200/-) a day or less but then the income denoting Lower middle class was set at $4 $10 a day (400/- to 1,000/- per day) which by the Forums reckoning makes a street newspaper seller lower middle class. Even so, the middle class does seem to have increased in size from 27 per cent of the population in 1990 to over 34 per cent by 2010. YOUNG KENYANS DONT WORSHIP DISCOS AND VIDEO HALLS

Young Kenyans - Church and Mosque the "best things in life"

Of more interest to the Forum (and therefore, we hope, to our readers) was the table set out in The Edge under the title The Best Things in Life that categorized what the youth of Kenya like to do best of all. No surprise that 21 per cent of 20-24 year olds like to go to discotheques, or that 12 per cent of 13-19 year olds like video halls. The figures that did jump out of the page at the reader however, were those showing that 59 per cent of 20-24 year olds regarded their church or mosque as the best thing in life (a figure that rose to 75 per cent for the 7-12 year old age range). That provides a very different picture as to the reality of the young people of Kenya. Some of The Edges reporting was misleading, for example, the headline figures of 74 per cent

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of the youth using social media with 94 per cent on Facebook should have been qualified to reflect that it meant 74 and 94 per cent of the 35 per cent of Kenyas youth population who in some way are connected to the Internet. That said, the figures reveal the rapidly changing ways Kenyans, particular the young, are communicating.

M-PESA - Ksh. 47 billion transactions last year

THERES MORE MONEY IN THE AIR Further evidence of such trends was revealed in The Nation today which reported that M-Pesa transactions in Kenya are now more numerous than all Western Union does globally, according to the International Monetary Funds October outlook on the African economy, and that 70 per cent of Kenyas adult population (about 14 million people) now use their mobile phones as a banking facility, accounting for Sh47 billions worth of transactions last year. BUT KENYA HAS BEEN RELEGATED These trends are certain to continue and no doubt the middle class will continue to grow but that growth will be hampered if Kenyas leaders dont take notice of another survey, this time by the World Bank entitled Doing Business, which showed Kenya dropping to 109th place (down from number 82) out of 183 countries surveyed in the ease of doing business league. To put this in perspective, Rwanda, would you believe, moved up five places from the last study, to number 45. According to The Business Daily it was Kenyas Poor protection of property rights and electricity shortages that was putting off foreign investors. The Nation meanwhile, reported that the study had found that it takes 11 procedures and 33 days to register a business in Kenya and that getting electricity connected needs four procedures and a wait for up to 163 days. Kenya is rapidly changing but to get anywhere near achieving the 2030 Vision our countrys

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leaders need to take us into the Premier League of countries in which its good to do business. Improving the electricity supply and cutting red tape would be a good start.

THERE IS A SOLUTION IN SOMALIA

Somalia, Puntland and Somaliland

It is of no surprise that the recently released Index of African Governance compiled by the Mo Ibrahim Foundation registers Somalia at the bottom of the league table out of the 53 African states surveyed. Somalia is unquestionably a failed state. In yesterdays posting the Forum concluded that Kenyas military action in Somalia was necessary (we didnt welcome it, who in their right mind welcomes military conflict?) but we also believe that long-term the problems of Somalia will not be solved by force alone. Somalia has not had a properly functioning government for 20 years, the last one being swept away in 1991. Since then the country has been ruled by competing militias in the south and by semi-autonomous governments in the northern regions of Somaliland and Puntland. The south of Somalia has been blighted by the factional infighting which in turn has helped cause widespread lawlessness and poverty, and exacerbated a drought into a famine. These in turn have led to mass migration and the deaths of perhaps 80,000 Somalis since the more recent famine began. The poor, the displaced and all those without hope are fertile ground for corruption, the influence of religious fanatics, and the lures of piracy. The latter brings wealth to some in Somalia (there is estimated to have been $400 million paid in ransoms) but at a cost of further dysfunction in the countrys society and at a monetary cost to the world of between $7bn and

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$12bn per year (source, The Economist, 15-21 October). The recent killings and kidnappings on the Kenyan coast perpetrated by Somali pirates (it is believed) brought the problems on Kenyas border into sharper focus. Action had to be taken and it has been but this presents only a short-term solution. After all, military action in the region, which failed, was attempted in 1992 by the Americans and 2006 by Ethiopia. The longer-term solution to Somalias problems rests not with Kenya, or the West, or anyone else (although we can all help). The solution to Somalias problems rests in Somalia, with the Somali people, and in particular in Mogadishu. At present the Somali Transitional Federal Government (TFG) is not working. To Somalis it just seems to be another faction in power: ineffective, corrupt and backed by foreigners. Yes, the TFG, supported by African Union forces, has made headway in driving Al-Shabaab from Mogadishu but outside the capital (if Mogadishu can really be called a capital city) the terrorists writ runs large. Somalia may be divided by clans but its people are a remarkably homogenous lot, not divided by race or tribe, speaking the same language and pretty much living in the same culture. They could, eventually, come together as a nation. THE WAY FORWARD? For Somalia to progress the TGF, or a successor government, must forge a new administration of national unity, bringing together the factions, and yes, including Islamist groups, and they in turn must institute reforms that will result in the rule of law replacing lawlessness and sound governance replacing anarchy. The pirates need to be caught and jailed. The people behind the pirates (believed to hail mainly from the Gulf region), should also be pursued. Kenya can help, so can South Africa, Nigeria, the West and others. Famine relief and support for the refugee camps is going to be needed for some time to come and naval patrols will help secure the coast. Most importantly, however, southern Somalia needs to be developed economically so that it can become self-sustaining. More support for fishing and livestock exports would be a start. Infrastructure development the building of roads and bridges for example, would help long term (although some level of peace will have to be attained before building could begin). This is not a dream, or just the product of wishful thinking. Somaliland and Puntland are relatively thriving while southern Somalia suffers from famine and death amid chaos. Guns can quell and suppress. Political deals can maintain for a while. Long-term, however, an economically viable state in which people have the opportunity to earn a living by legitimate means, under the rule of at least some semblance of law, is the solution to eradicating the pirates and Al-Shabaab. It can be done but ultimately only the Somalis can make it happen.

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OPERATION LINDA NCHI: KENYA GOES TO WAR IN SOMALIA

Kenya goes to war

And so its War on Al-Shabaab. In an effort to beef up security on its border and protect Kenyan citizens and foreign visitors, the government has decided to take the bull by the horns, send its forces in Somalia and do battle with Al-Shabaab. According to Defense Minister Yusuf Haji and Internal Security Minister George Saitoti, the venture into Somalia, which has been dubbed Operation Linda Nchi (protect the country), was triggered by a series of provocations by the Al-Shabaab. The two gave a chronology of Al-Shabaab attacks on Kenya to a parliamentary committee headed by Mr. Adan Keynan. In 2009, the militia attacked Jajabu police post. In 2010 they launched an attack on the General Service Unit (GSU) in Liboi and in July this year they laid mines and other explosives targeting police and the military at the border and have since then been raiding the Kenyan border. For its part Al-Shabaab responded through its spokesman to issue threats to the Kenyan government. If your government ignores our calls to stop its aggression on Somali soil, we will strike at the heart of your interests, Sheikh Ali Mohamud Rage was reported as saying. The bloody battles that will ensue as a result of this incursion will most likely disrupt the social equilibrium and imperil the lives of hundreds of thousands of civilians, he continued. If the reports coming in from the military are anything to go by, the Kenyan troops who are being supported by Somalia Transitional Federal Government forces, have killed 75 Al-Shabaab terrorists and have managed to secure the towns of Qoqani, Tabda and Afmadow in Somalia. So far, so good. The Forum applauds the move to tighten security for Kenyan residents and indeed, foreign visitors to our country. We have written before that a governments first duty is defend its citizens and its territorial integrity (The Price of Piracy, October 6). Moreover, we believe the

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current military action might have the long-term benefit of securing stability throughout Kenyas northeastern borderland, without which we cannot home to become a middle-income, stable country. THERE SHOULD BE NO ILLUSIONS

Al-Shabaab - not just a 'rag-tag' bunch of terrorists

The Forum, however, are under no illusions and nor should anyone else be: fighting Al-Shabaab will be a big challenge. Al Shabaab as a group is almost faceless. Its forces and supporters can melt away into the desert and the scrubland (and return later), and it is alleged to have recruits even on Kenyan soil who could strike at the heart of our country. The UK newspaper The Daily Telegraph reported fears expressed by western diplomats to the effect that although they thought Kenyas military was necessary, the move might expose the country to the kind of attacks that occurred in Kampala. Al-Shabaab has already made clear threats on Nairobi and this move will only make the chance of something happening here more likely, one commentator was quoted as saying. The Forum are not underestimating the capacity of Kenyas armed forces to step up to the game but this is the first time our military will be facing an external enemy, the first time they have been in action since action against the Shiftas in the mid-1960s and they are facing a terrorist group which has terrorised its own people for years. This will not be a jolly little war (they never are) and it is unlikely to be over by Christmas (in that the ramifications of Kenyas armed intervention will reverberate for a long time to come). Nor will talk of Al-Shabaab being a rag tag force, or swaggering talk of a mother of all battles do anyone any good. The Forum, for a variety or reasons, therefore counsels caution and an objective appreciation of a realistic outcome to the conflict.

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The Kenyan government and its military leaders must have clear, achievable aims in mind, together with a timescale for action and an exit strategy. They should know now whether their plan is to destroy Al-Shabaab (an unlikely prospect), or, for example, build a buffer zone between Kenya and Somalia. They should be clear whether the current action is a border raid or, at least at a sub-regional level, a full-scale invasion. And whilst the Forum does not want to act the part of an armchair strategist, Kenyas government and military leaders should wary of getting bogged down in Kismayo where the terrorists Improvised Explosive Devices might prove more effective than a tank. Kenyas military action in Somalia will not be easy, it may well not end soon but it had to be done. We should all now be on alert and pray for our armed forces. Related Forum posting - The Al-Shabaab Mennace, August 8, 2011 [Long-term, war is not the solution - Tomorrows posting will look at what can be done for Somalia.]

ARE KENYANS HAVING MORE SEX OR GETTING MORE SENSE?

The Female Condom, 200/- each

Studies reveal that the demand for condoms in Kenya has increased to more than 200,000,000 pieces a year. According to the Ministry of Health Kenyans use about 20 million condoms every month which translates to about 670,000 daily! Perhaps these figures explain why the HIV prevalence rate in Kenya has reduced, declining from its peak of 13.4 percent in 2000 and decreasing steadily to 6.9 percent in 2006. In 2008/09 HIV prevalence among women, however, was twice as high as that for men, 8 % and 4.3 %

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respectively. This disparity is even greater in young women aged 15-24 who are four times more likely to become infected with HIV than men of the same age. In spite of these statistics, the male condom seems to be more popular and more readily available, selling for as little as Sh 10 and given out for free in government health facilities and most VCT centers. The story is rather different for the female condom which is less popular and costs Sh 200 per piece. As a result, the demand has shifted to the male condom and to most women who are at least aware of the female condom the product still remains a subsidiary product in the market.

The male condom, 10/- or free

Yet equipped with a female condom a woman gets control of using protection and does not have to solely rely on the mans will to use protection. Women are always more at risk of acquiring STIS and HIV hence there is a need for the female condom to be subsidised as well if STI and HIV prevalence rates are to drastically reduce. According to a recent report, the price and availability of the female condom is not all women have to worry about though the report reveals that the use of the popular injectable contraceptives, in particular Depo-Provera, doubles the risk of HIV infection in women. Out of the 45.5 per cent women in Kenya using contraceptives, half of them use injectables. The injectables method is popular in Africa due to its affordability. According to an article entitled Contraceptives Dont Protect Against HIV in The Standards, My Health pullout, a reproductive health expert, Dr Joachim Osur, explained that irrespective of the contraceptive method one uses, a woman is not safe from contracting sexually transmitted diseases, a view most experts seem to agree with. However, The report published in the health journal Lancet Infectious Disease, has aroused a lot of debate with experts arguing that the allegations against the injectable contraceptives have no scientific link to back the evidence, adding that it was a ploy by condom manufacturers to sell more (read Daily Nations DN2 family planning method that raises risk of HIV). FEMALE CONTRACEPTION SO WHATS THE ANWSER? The final word on the matter now rests with the World health Organisation (WHO) which has

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been prompted by the report to convene a high level meeting of experts in January to clarify the research and consider if the evidence is now strong enough to advise women that the method may increase their risk of getting or transmitting H.I.V. As reported in The New York Times, Mary Lyn Gaffield, an epidemiologist in the World Health Organizations Department of Reproductive Health and Research, said, We want to make sure that we warn when there is a real need to warn, but at the same time we dont want to come up with a hasty judgment that would have far-reaching severe consequences for the sexual and reproductive health of women. She added, This is a very difficult dilemma. Well a difficult dilemma it is, yes, trying to ensure that people arent panicked into giving up a sensible contraceptive precaution whilst at the same time giving them sufficient warning of any attendant risks associated with the method. However, clear guidance and soon, there needs to be. Meanwhile the Kenyan government should look seriously at bringing down the price of the female condom.

REASONS TO BE CHEERFUL and why Kenyans should take pride in their country

Mt. Kenya

Many books about life in Africa take such a negative view of the continent. They always seem to be about violence, drudgery, poverty and abuse. The Forum editorial team was also a bit taken aback by some of the negative comments by some readers, particularly one in answer to the question What is it about Kenya that you are proud of? He or she answered, We are proud of it for nothing Well, OK, Kenyan drivers defy logic and Matatu drivers beggar belief and yes life can be tough

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but the dismal picture of Kenya and Africa so often painted is a far cry from the country, the continent and the people that we know and love. So here are just a few reasons for Kenyans to be cheerful (which invariably they are) and to take great pride in their country. Kenya is now embracing democracy and freedom and has overwhelmingly voted in a new constitution, and in Vision 2030 it has at least set out its long term aspirations to raise the standard of living, develop a more just society and a more accountable, political process. KENYAS GROWING ECONOMY Kenyas economy is growing and its capital Nairobi has become the regional hub for doing business in East Africa and beyond. Where once people talked of the leading Sub-Saharan African countries as being South Africa, Nigeria and Ghana, now they always add Kenya to the top four. Its not just the countrys capital city that is a magnate for businesses and international agencies. Kenya produces some of the best coffee and tea in the world and supplies many countries with superb vegetables, fruit and flowers. KENYA, A BEAUTIFUL COUNTRY Kenyans also live in one of the most beautiful and interesting countries in the world.

Wildebeest - Migration

The annual migration of wildebeest has been described as the Eighth Wonder of the World (and for anyone who has ever seen it for real, it is); the Maasai Mara is renowned throughout the world for its wildlife and stunning scenery; and how many capital cities in the world have a National Park that hosts lions, rhino, zebra, giraffes, and baboons, or anything like it, right on their doorstep?

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Kenya is a bird-watchers paradise boasting some 1,000 indigenous species and people travel from all over the world to fish for marlin, sailfish and tuna, some of the best deep-sea fishing anywhere to be found. The countrys beautiful coastline, from the white sands of Diani beach to the coastal town of Malindi, up to exotic Lamu, has it all, including superb sea food! Come inland and the view of Mount Kenya from the Aberdares on a clear day takes the breath away. And try flying up the Great Rift Valley, looking down on Mount Longonot and not be awed by its sheer size, beauty and majesty. KENYA: THE GARDEN OF EDEN? Thats not all to be inspired about by the Rift Valley. Think of it; some 4 million years ago, somewhere in the Rift Valley from Kenya to Ethiopia, early Man stood up and began the spread of mankind to the rest of the world. How about being from the country that is the source of human evolution? Not bad? The highly intelligent Kenyan Diaspora has spread out across the world, enriching it in the process. One of its sons even became the first African-American President of the United States. KENYAS DIVERSE PEOPLES AND CULTURES If you are looking for interesting history try visiting Fort Jesus the 16th century fort standing in Mombasas Old Town, or the ports 15th century Gedi ruins; and the Takwa ruins on Manda Island just off Lamu. Kenyas diverse peoples and cultures, something else to be proud of, have helped to produce this fascinating country but there must be some other secret ingredient in the air or the water that can explain the countrys sporting prowess. KENYAN ATHLETICISM SOMETHING IN THE AIR? Kenyas long-distance athletes are the best in the world, so good that they have taken first, second and third in the London marathon and have been banned from at least one marathon in Holland to give others the chance to win! Think long-distance athletics and the names Paul Tergat, Catherine Nyambura Ndereba, Bernard Lagat, the late Samuel Kamau Wanjiru and of course Kip Keino immediately spring to mind, and that innate athleticism may explain why Kenya also produces some of the best rugby sevens players in the world. KENYANS: SOME OF THE MOST INTERESTING PEOPLE IN THE WORLD

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Kenya's beautiful Coastline

Wahome Mutahi, in his hilarious book, How to be a Kenyan, wrote that despite many changes over the years Kenyans have continued to be their distinctive selves. They still defy warnings, imagine that there is nothing like a natural death and take rumours to be truer than the truth. It would take a mutation, suggested Muthahi, for this to change and that if it did, the world will lose some of the most interesting inhabitants it has ever had. The Forum wholeheartedly agrees with Wahome Mutahi. Despite many difficulties Kenyas indomitable people battle on, usually with a smile on their face. So keep on smiling Kenya, you have many reasons to be cheerful and proud. PS, The Forum welcomes readers suggestions as to other reasons to feel good about Kenya and why not cheer a Kenyan friend (or two) up today by sending them the link to this article.

WOMEN IN KENYA: WHAT DO THEY KNOW OF THE NEW CONSTITUTION?

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Women and Business Report

A World Bank report published last week ranks Kenya globally as a top reformer, with regards to the governments efforts to narrow the gender parity between men and women in the past two years. According to the report titled World Bank-International Finance Corporation Women, Business and Law 2012, out of 35 countries in the region Kenya showed the highest number of changes in accessing institutions, using property and going to court (see, The Standard on Wednesday, October 12, 2011, Daily Nation October 12, 2011). The report states that this year Kenyas economy registered the highest number of reforms in the areas relating to Women, Business and the Law and further notes that many of the documented changes came about through the new Constitution. The report also observes that customary law, which in most cases discriminates against woman, is void if its inconsistent with the constitution. Being a patriarchal society, Kenya has for a longtime been characterized by laws such as the Succession Act Cap 160 that discriminate against women when it comes to inheritance of property. Discriminatory customs and practices have in the past barred women from inheriting property and even dispossessed them of their personal assets after their husbands demise. Women were also expected to confirm that their husbands have no objection to their taking up positions (including scholarships) abroad, whereas a man was free to do the same without seeking the consent of his wife. These reforms therefore mark a new dawn for the Kenyan woman.

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PROVISIONS FOR WOMEN IN THE NEW KENYAN CONSTITUTION The New Kenyan Constitution ensures: Women will be able to pass on citizenship to their children regardless of whether or not they are married to Kenyans (Article 14 (1)); Parties to a marriage will be entitled to equal rights at the time of marriage, during the marriage and at its dissolution (Article 45 (3)); Parental responsibility shall be shared between parents regardless of marital status (Article 53 (1) (e)); Gender discrimination in relation to land and property and gives everyone, including women, the right to inheritance and unbiased access to land (Article 60 (1) (f)) is eliminated; The enactment of legislation for the protection of matrimonial property with special interest on the matrimonial home during and upon the termination of the marriage (Article 68 (c) (iii)); A one third requirement for either gender in elective bodies giving women of Kenya at least 1/3 minimum representation in elective public bodies (Article 81 (b)); Gender equality is maintained in political parties providing a basic requirement for political parties to respect and promote gender equality (Article 91 (f)); Parliament shall formulate law to promote the representation of women, persons of disabilities, ethnic and other minorities and marginalized communities in Parliament (Article 100); That women and men will have the right to equal treatment and opportunities in political, economic, cultural and social spheres without discrimination (Article 27 (3));

Kenyan women what they dont know wont help them

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The right to health including reproductive health to all (Article 43 (1) (a)); And, Adequate and equal opportunities for appointment, training and advancement for women and men at all levels within the Public Service Commission (Article 232 (i)). These are fine words, says the Forum. However, while this is indeed a milestone for Kenyan woman, one thing that is evident is that large swathes of Kenyan women, especially in the rural areas, are yet to benefit from adequate information on what they stand to gain under a new constitutional dispensation. An effective communications campaign to inform them should be mounted by the Government to rectify this situation. The saying goes, What you dont know cant hurt you. It is also the case that what you dont know cant help you either.

Genetic testing in Kenya: Dads Not Around?

The structure of DNA

Deoxyribonucleic Acid, the nucleic acid that carries the genetic coding in all living organisms, is hard to say and difficult to spell so no wonder it was abbreviated to DNA. Its also pretty much unique to each organism so theres about a one-in-a-billion chance of anyone else having a

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DNA to match yours. That does mean of course that in a world of nearly seven billion people there could be six others on our Earth with a DNA profile that is nearly identical to your own but these are long enough odds to make a DNA test an all but conclusive business. A recent article published in the Standard online (Banking on fatherhood dilemma, 29/09/2011 by Kenfrey Kiberenge) reported that there is an increasing demand for DNA testing in Kenya, even at Sh35,000 a shot, as more and more men want to find out if they are the real fathers of the children they are raising. Interestingly, a growing percentage of paternity tests are turning out as negative according to Mr Kinyanjui Murigi, the Chief Executive of Crime Scene Investigation (CSI) a former sales executive turned forensic expert who in the early stages of his life had to seek a DNA test to establish the paternity of his then girlfriends baby. 50 per cent of paternity tests undertaken by men in 2007 at the Government chemist revealed that the children were not theirs while at the CSI, the figure stood at 37 per cent for 2010, a nine per cent increase from the previous year. A discussion on the paternity issue aired recently on one local radio station revealed that some Kenyan women are choosing who to sire their children with and who to raise them. One woman confessed that her husband is a loving and caring family man but there was no way she could ever imagine her children having his looks, so she searched for a man who was more endowed physically to father her two children without her partners knowledge. This she did crossing her fingers that her looks would be more dominant in the child (which luckily for her was the case). Another man expressed his bitter feelings when he found out that he was not the father of the seven year old boy he had raised and loved as his own, when the boy was admitted to hospital and there was a need for a blood transfusion. Caught between a rock and a hard place when both her blood and the husband could not match the sons, the woman was left with no choice but to call in the biological father to come and save her sons life by giving blood

James Watson and Francis Crick discovered the double helix structure of DNA

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In Kenya we say, mtoto ni wa mama, in English the child belongs to the mother. This is because, maternity in most cases is not questionable, after all by nine months there is a bump announcing to the world a new mum to be. For paternity however, the truth as to who the real father to a child is lies with the woman, or with a DNA test! The Forums not quite sure how to react to this growing trend but we think it might be an idea to have all our politicians tested, not to find out who their fathers are but rather to ascertain whether they have a father at all

Paternity Testing

KENYAFORUM NOW MOBILE...


Hi, Its not ADMIN this time, but TECHNICAL SUPPORT..the mechanical truss which backs up Kenyaforum.net..its just a short note to say that we have now enabled the www.kenyaforum.net site with a very clever mobile application.. just log in to kenyaforum.net from your mobile (and add it to bookmarks!)and the mobile detection software will re-jiggle the site so you can read it on your smartphone. Weve tested it on the major platforms but if you have any problems please contact me directly on kenyaforum@me .com thanks for all your support have a great weekend!

BRANDING KENYA AND THE CRISIS ON THE COAST

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Tanzania is using members of the international diplomatic corps as ambassadors to promote its tourism sector by inviting foreign envoys on trips to the countrys best tourism attractions: to Butiama village in the Mara region, the birthplace of President Nyerere and to the prehistoric sites of Olduvai Gorge in the Great Rift Valley. Here, Brand Kenya is leaping into action That the Kenyan tourism industry, particularly on the coast, needs urgent life-saving treatment is not in doubt. The murder of British David Tebbutt and the kidnapping of his wife Judith from Kiwayu Safari Village on September 11 stunned the patient; the kidnapping of French Tourist Maria Dedieu from Ras Kitau, Manda Island, on October 1 (see Forum posting The price of piracy) all but sent it into a coma from which it is yet to emerge and is unlikely to do so for some considerable time to come. Earlier this week three MPs from Lamu County met with local hoteliers and others and announced that the area was now safe for foreign tourists following a massive security operation. Quite what the security operation entailed was not reported (see, Leaders say security in Lamu has improved, The Standard, October 11). Fahim Twaha (Lamu West), Abu Chiaba (Lamu East) and nominated MP Ms Shakila Abdalla, called on foreign embassies to lift advice to their nationals that warned them not to travel to Lamu. Ms Abdalla said, Its true the incidents occurred because our security was not up to date but now we are confident that the security machinery put in place will deter such attacks. NITAKUWEPO (ILL BE THERE) BUT WILL ANYONE ELSE? It was in the same edition of The Standard but this time on the front of the Business page, that news of Brand Kenyas latest initiative was revealed. Under the headline Brand Kenya unveils Sh76 million awareness campaign it was reported that the State Corporation had unveiled a six month countrywide campaign called Nitakuwepo (Ill be there) to raise awareness on the need for national cohesion.

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Brand Kenya CEO, Mary Kimonye

Sh76 million, dear readers, is about $745,098 (and there are some people criticising Brand Kenya for wasting money, would you believe it). Brand Kenya CEO Mary Kimonye said it wasnt really enough to have the necessary impact. Initially our budget was Sh300 million, she said. The campaign to be run for six months aims to instill a sense of pride and patriotism in Kenyans and thus build national cohesion. Mary Kimonye asked, How can we convince tourists, investors and our neighbours that Kenya is a great place to be if we as citizens do not embrace each other and work together to build the nation? The Nitakuwepo campaign will apparently be followed by another six month campaign directed at the international community but according to Ms Kimonye it may take up to 10 years of sustained promotion to build a formidable Kenyan brand. That should secure a few jobs at Brand Kenya but the Forums not so sure it will help restore employment on the coast. Well it might take 10 years to build the Kenyan brand but right now the Forum has some advice for Mary Kimonye and her colleagues. MAKE THE CHANGE, COMMUNICATE THE CHANGE The task in hand saving and then resurrecting Kenyas vital tourism sector is in some ways quite simple. First, objectively identify the problems confronting Kenyas coastal tourism sector. Second, work out real, practical solutions to solve those problems. Third, make the changes needed to solve the problems with all due haste. And finally, communicate the change to all those who need to know. The Forum has seen little or no evidence that this four stage solution, or anything approaching it, is being instituted. The crisis affecting tourism on the coast is serious, it is happening now and it needs addressing

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now. The Sh76 million being spent by Brand Kenya would be better directed at rescuing the costal tourism trade. Then we can embrace each other, Ms Kimonye.

KENYAS POLITICAL MACHINATIONS MORE DECORUM PLEASE

Jomo Kenyatta with Oginga Odinga. Some political rivalries go way back...

Kenya is no stranger to political rivalry and the machinations of Machiavellian politicians. Some say it has existed since Kenya attained its independence. Anyone who has read up about the debates and manoeuvrings during the Lancaster House conferences in the early 1960s will know its antecedence predates December 12th, 1963. In post independence Kenya there were constant wrangles between the first president Mzee Jomo Kenyatta and Jaramogi Oginga Odinga, father to the now Prime Minister Raila Odinga. The communist Odinga Oginga was opposed to Kenyattas more capitalist policies. When Daniel Arap Moi succeeded Kenyatta as President and leader of KANU, then the only political party allowed in Kenyas one-party state, he continued Kenyattas pro-western policies and, of course, his one-party rule. This was until early 1990s when strong pressure began to build up, internally and internationally, to restore a multi-party system. Moi however, ruled Kenya with little tolerance of any form of opposition especially after the attempted 1982 coup. The newly appointed chief justice Dr Willy Mutunga and Raila Odinga, who publicly criticised Mois governance, were detained for advocating political pluralism during Mois regime. THE COALITION COCK FIGHT The coalition government which came into force after the disputed 2007 elections has not only

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not been left out as far as political rivalry and the battle for power goes, you could argue that it is purpose built for the propagation of political infighting. Theyre at it like chickens in a yard. First there was the drama caused by the Prime Ministers outcry that he is President Kibakis equal in the coalition government and hence senior to Vice President Musyoka and therefore the latter should speak after him during state functions and not before. This scene repeated itself last Saturday during the late Professor Wangari Mathaais funeral, when the state functionalities had the Prime Minister speak before the Vice President. The PM took his seat after giving his tribute but pointedly did not invite the VP to speak. The looming 2012 general elections have seen political temperatures intensify especially within parties. The Orange Democratic Movement (ODM) led by Prime Minister Raila Odinga has been characterised by a conflict of interests which has seen key members of the party fall out. The biggest rivalry has been between Eldoret North MP William Ruto and Odinga. Ruto, a 2012 presidential hopeful who has since defected from ODM to the G7 alliance (see below), blames Raila for his sacking from Cabinet and his tribulations at the International Criminal Court. The G7 alliance, which is preparing to field a single presidential candidate in next years polls, is campaigning on an anti-Raila platform and is made up of Deputy Prime Minister Uhuru Kenyatta, Vice President Kalonzo Musyoka and Saboti MP Eugene Wamalwa, among others. According to recent reports, the G7 members seem to be disintegrating, a claim that Ruto has come out strongly to dispute (see, G7 leaders dismiss talk of discontent as State House aspirants lay strategy, The Standard, October 11). A FAMILY FEUD

Uhuru Kenyatta with Raila Odinga. Some political rivalries last for years!

Raila Odinga and Uhuru Kenyatta are also political rivals, a rivalry that most people believe has been carried on from the days when their fathers crossed political swords. Mr. Kenyatta, who also faces criminal charges at the ICC, accused Raila of being the man responsible for the 2007 post election violence during the confirmation of charges hearings. Another perennial rivalry is that between Vice President Kalonzo Musyoka and Water Minister Charity Ngilu. Ngilu has constantly accused Kalonzo of being behind her woes in the Ministry of Water and of working with the former KACC Director, DR PLO Lumumba in brining the charges that are currently facing her ministry.

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The differences between the two played out when Ngilu choose to snub the VPs offer of a handshake, again at the state funeral for Prof. Wangari Maathai, much to the bewilderment of the dignitaries present. Ngilus gesture, which has received a lot of criticism, was in marked contrast to that of Uhuru Kenyatta who upon arrival at Uhuru Parks Freedom Corner, heartily hugged Raila. They say politics is a dirty game, well the Forum doesnt refute that but we suggest that some dirty linen is better washed behind closed doors and that a little bit more decorum from our politicians is called for, not least at a State Funeral. P.S. On the lighter side of things, a few items for all of you who have followed the news from the CERN laboratory in Switzerland

Detecting Neutrinos at CERN

The barman said: Sorry, we dont serve neutrinos. A neutrino enters a bar. Two neutrinos are just about to have sex.she says, Oh come on darling! Hes smoking a cigarette. Did you hear about the dyslexic neutrino that thought it could travel faster than light? Poor thing thought 2C=EM Neutrino: Whos there? Caller: Knock knock Ans: To prove neutrinos can travel faster than light Qu: Why did the neutrino cross the road? And finally A neutrino stopped to pause,

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Whilst considering Einsteins great laws, To a photon compared, it seems so unfair, That e=mc squared.

WHEN CHINA MET AFRICA: KENYA AND THE WAKING DRAGON

President Kibaki and Ambassador Liu Guangyuan, China "a true friend"

It was Britains wartime Prime Minister Winston Churchill who said, Beware the sleeping dragon, for when she awakes the earth will shake When China met Africa, a new feature film from Nick and Marc Francis the directors of the award-winning Black Gold about exploitation in the coffee industry, premiered in London last weekend, the promotional blurb that goes with such events describing it as the, first theatrical feature film to tackle China/Africa relations and the expanding footprint of a rising global power. Set in Zambia, When China met Africa follows the story of three characters: Mr. Liu who is about to buy his fourth farm; Manager Li who is upgrading one of Zambias longest roads and the Zambian Trade Minister who is travelling to China to secure millions of dollars in investment. Through the intimate portrayal of these characters, as one reviewer put it, the expanding footprint of a global power is laid bare pointing to a radically different future, not just for Africa but also for the world. That the world is changing with the rise of China as a major economic power is without question. The Forum noted that the first person to visit Zambias newly elected president

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Michael Sata was the Chinese Ambassador (Zambias election of the King Cobra and some lessons for Kenya), surely a sign of the changing times. KENYAS FRIENDS IN CHINA Here in Kenya the Daily Nation reported last Thursday that China had donated Sh2bn in relief food for drought-stricken Kenyans. A further Sh25.6 million was donated by Chinese companies in Kenya. Three days later and the Sunday Nation, in its Diplomatic watch column, ran a piece entitled Why Kenya now looks up to China, pointing not only to the sizeable donation of relief food supplies but more importantly in the long-term, the expansion of the Nairobi-Thika highway, the construction of the Uhuru Highway-UNEP road and the Northern by-passes. President Kibaki described China as a true friend wrote Walter Menya who declared: Chinas growing influence in Kenya, as with the rest of Africa is no longer in doubt. The Asian giant now controls major tenders in development and rehabilitation of infrastructural projects in Kenya and the rest of the continent. IS EVERYBODY HAPPY? The Sunday Nation and Walter Menya are of course right but not everyone is happy with Chinas rapidly growing influence and some of the consequences arising from it. According to Wikileaks (Chinese Engagement in Kenya) the former US Ambassador to Kenya Michael Ranneberger complained in a cable back to Washington that China had taken a place on the high table, as the new darling of Kenyas ruling elite.

Archbishop Desmond Tutu and his friend The Dalai Lama

Retired Archbishop Desmond Tutu, for another, is not happy. He was nearly spitting with frustration and anger, accusing his countrys government of being disgraceful and worse than the apartheid regime, following South Africas refusal to issue his friend the Dalai Lama a

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visa to enter the country to attend his 80th birthday celebrations. The Dalai Lama, as spiritual leader of Tibet (in exile) is not well thought of by Chinas communist authorities and there was more than a suspicion that South Africa had kowtowed to pressure from China, now one of its major trading partners. According to this weeks Financial Post (Chinese invade River Road) some of Nairobis business community is also none too happy about our Chinese friends. Apparently the Nairobi Central Business District Stakeholders Forum (surely a title put together by a committee?) has sent a memo to the Ministry of Trade accusing Chinese businesspeople of being illegally in the country and offering unfair competition by importing merchandise at factory prices while concurrently doing the wholesale and retailing. The Kenya National Chamber of Commerce and Industry National Chairman, Laban Onditi, was also quoted in the same report complaining about the practice of Chinese merchandising in Kenya which contradicted the business protocol and regulations between the two countries. According to the law, the Chinese should only trade as exporters but not importers, he said. KENYA THE MARIONETTE? The Standards Point Blank column last Thursday 6, brought some balance to the debate about Kenya and Africas developing relationship with China and the furor over South Africas refusal to give the Dalai Lama a visa to enter the country. Will Africa ever have its own mind, or will it remain a marionette ever dancing to the tune of whoever pays it? it asked. Leaders should stand up, Njoroge Kinuthias column continued, and tell China we are intelligent enough to choose our friends. China has no business telling us who we should befriend or not. It was a good point well made but the truth is China does have business telling us whom to befriend: lots of business and its increasingly in Africa. As another reviewer of When China met Africa wrote, We all know a bit about whats happening in Africa as the Chinese become the brave neo-colonialists, pouring money and expertise in and taking a great deal of influence (and raw materials) out. The Forum would add two concluding points to these deliberations. First, it is not a question of going with China, or the US, or the European Union, or anyone else, or at least it shouldnt be. Kenya would be best to enter into partnership with countries or regional groupings on the basis of equality. If we do not, Kenya will once again be exploited by, and dependant on others. Second, for all the attractions of doing business with China we should remember one thing before we sell our souls to the dragon. For all the failings of the West and their history of policies based on mixed motives, the USA, Britain, the European Union and the Scandinavian

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countries want to see Kenya become a fully democratic, just and fair country based on the rule of law. China wants our resources and couldnt give a damn about our politics unless we allow the Dalai Lama to visit. Theres a lot of water to flow under this particular bridge. Lets leave the last word (except for your comments) to Walter Lipmann, once the doyen of political commentators in the United States (he died in 1974) and twice time winner of the Pulitzer Prize. He was asked in an interview what was the worst thing he could imagine. He replied after some thought, China on the loose.

CORRUPTION AND THE CORRUPTION COMMISSIONS: WHO IS INVESTIGATING WHOM?

TJRC Chair Tecla Tamachanja - Plugging the Leaks

The good ship of the Truth, Justice and Reconciliation Commission (TJRC) ploughs on, this week through Lodwar and Kapenguria for public hearings and womens forums in what increasingly seems to be a pointless voyage to an indeterminate destination still some way over the horizon. The crew doesnt seem too happy either (there have been grumbling below decks) and whats worse (for the TJRC), the ship is leaking. TJRC employees raise red flag over allegations of corruption was that latest report from The Standard (Sunday, October 9) alleging that the Commission could have lost money through a cartel of corrupt employees putting in false mileage claims, fraudulent fuel consumption requisition for non-existent journeys and outright theft. There has also been, it is alleged, an attempt to siphon off Sh6.4million from the Commission by transferring payment for services rendered twice in two days through different branches of a bank in which the commission operates. THE TJRC LEAPS INTO ACTION

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The TJRC of course, were not about to take such accusations lightly. They leapt into action. Three people have been sacked or left their jobs. Was that for corruption and theft? Er, no, it looks like it was for leaking the story to the media in the first place. The Standard reported that in a confidential letter (which obviously isnt confidential any more), acting chair of the TJRC, Tecla Namachanja wrote to congratulate staff, thanks to the marvel of technology we have managed to know those behind this. She meant, of course, those behind the leaks to the media. Now there will be action against the wrongdoers, surely? Er, again, no, it seems not. The Standard quoted a staffer, This clearly beats logic because instead of the Commission investigating false claims of corruption, they have turned on who the whistle blower is and ended up punishing innocent staff. We need the anti-graft body to audit the Commission, a source supposedly told The Standard. Brilliant, isnt it, now the TJRC has got to be investigated! Quite which anti-graft body would carry out the investigation, is another matter. The Kenya Anti-Corruption Commission (KACC) has been replaced by the yet-to-be-constituted Ethics and Anti-Corruption Commission (EACC) but in the meantime continues its work until that takes place. The ICC at The Hague and the TJRC are investigating post-election violence. KACC, or possibly the EACC and presumably the police, are investigating fraud. The Kenya Human Rights Commission (KHRC) wants action to be taken based on previous reports and inquiries. Quite what the Kenya National Human Rights Commission (KNHRC) is up to the Forum has forgotten. The Forum is at a loss. Who exactly is investigating whom these days, in Kenya? Whatever the exact answer is, couldnt the whole process be streamlined to produce better results at a lower cost?

KENYA AND THE WORLD IS iSAD: STEVE JOBS 1955-2011

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Steve Jobs 1955-2011

This week saw the passing of Steve Jobs at the tragically young age of 56 after a six year battle against pancreatic cancer. The newspapers TV and internet have been inundated with obituaries, pictures, films and anecdotes of the man who co-founded and ran the worlds most valuable technology assetApple Inc. The Forum doesnt want to dwell on the details of his company or his life story, others have already done this much more throughly, we just want to make a general observation. Steve Jobs didnt come from an advantaged background, after he dropped out of college he lived off the proceeds of returned Coke bottles and handouts from the local Hare Kishna Temple. Apple was started in 1976 in a friends garage with only a few hundreds of dollars borrowed from an older colleague. But Jobs had a vision of the future, he had a belief, contrary to thinking at the time, that the computer would become ubiquitous, that form and function were paramount, and above all that computers would become part of the world of media.

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By having that vision, and steering everyone in his company in the same direction simultaneously, he drove his company to the world beating enterprise it is today. The lesson to learn is that all businesses whether in Silicon Valley or in Kenya, need a vision, they need direction and they need someone to lead them, like Steve Jobs, those leaders need the whole gamut of human qualities; a strong will, tact, drive, humour, energy, sensitivity, intelligence and charisma in order to push the business forwards. So often we see businesses here in Nairobi falter then fail because of a lack of focus. They fail because the founders think their good idea will sell itself,- it doesnt, they fail because they think that staff will manage and motivate themselves, -they dont.businesses only succeed when they are driven and steered, and that requires blood, sweat and tears. Think and act like Steve Jobs did. Hes been an inspiration to us all. A brief history of Apple products from 1976-present day:

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Being the richest man in the cemetery doesnt matter to me, Steve Jobs told The Wall Street Journal back in 1993. Going to bed at night saying weve done something wonderful thats what matters to me. Steve Jobs:1955-2011

KENYAS EL CLASICO AFC LEOPARDS VS GOR MAHIA

AFC Leopards

Few long-waited sports events achieve it but once again, in what remains as the biggest fixture in the Kenyan football, the derby match between AFC Leopards and Gor Mahia lived up to its hype. Goals were scored, the sounds of Isukuti, singing and dancing was heard all over and traffic was brought to a standstill. Unfortunately (if you are a Gor Mahia fan), goals only came from one side, the hosts AFC Leopards, as they got their sweet revenge against their bitter rivals.

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Gor Mahia

3-0 was the final score after a thrilling encounter which left some Ingwe fans jokingly saying, bring on Barcelona! Over the years, the rivalry has turned from a title winning challenge to a battle for bragging rights as it appears that most fans from each side would rather win the derby than win the KPL title. KENYAS NATIONAL FOOTBALL TEAM

Hussein Mohammed candidate for chairmanship of Kenyas football federation

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We have seen some improvement on Kenyan football at club level but unfortunately this has not been reflected in the national team which has suffered a string of poor performances and is beset by mismanagement, a defining characteristic of our national football teams organisation. The weakness of Kenyan football and the national team in particular is odd, however. Kenya is a football loving country, football mad even. We are a country of some 40m people, about the same population as Spain (World Cup holders) and Algeria (one of the African continents most successful national teams); we have a population that is 16m more than Ghana (World Cup quarter-finalists and African Cup of Nations finalists) and twice the population of Holland (who met Spain in the final of the last World Cup). The sad thing is that nothing much seems to be happening towards turning things around. Hussein Mohammed (an aspiring candidate for chairmanship of the local football federation) shared his views in the Standard newspaper (October 1, 2011), on how we can solve the problems facing Kenyan football. His view is that by streamlining the management of soccer at the grassroots, we will be working on the foundational weaknesses that we have encountered over the years. The Forum agrees that the lack of success of our football boils down to poor management at all levels and unless that problem is solved and we have responsible leaders, Kenyan soccer will continue being in the doldrums. UGANDA VS KENYA Another soccer showdown, this time involving regional rivals Uganda and Kenya, takes place today. Kenyan fans are planning to replicate or better what the

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Uganda vs Kenya todays crunch match

Ugandans did in the first leg encounter by travelling to Uganda in large numbers to support the Harambee stars in do or die qualifying game for the African Cup of Nations. If the social networks are anything to go by, theres a lot of excitement in Kenya and Uganda, the hosts, as we await the potentially explosive encounter. In Facebook for example, there are over 80 Uganda Vs Kenya event pages, some have even labeled the match the Battle of Migingo. Both sets of fans are confident of a win and we hope that the match will live up to its hype. The Forum wishes Harambee Stars the best. With improved management and leadership at all levels their future however, would be much brighter.

EDUCATION IN KENYA: MORE TEXTBOOKS NEEDED NOT MORE VAT

More VAT=Fewer Books

The quality of education in Kenya might soon be watered down as many children in public schools will go to class without the necessary books, following The Governments decision to introduce Value Added Tax (VAT) on textbooks. It also proposes to impose 16 per cent VAT on exercise books as well. The Value Added Tax Bill 2011 proposes to remove printed books from the VAT zero-rated goods category. This will likely raise the prices of textbooks by 50 per cent if proposals contained in the Draft Bill are approved since the VAT will have a cumulative effect along the book production and distribution chain.

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As a way of protecting the frail education sector, the financial policies of many countries worldwide exclude printed books from taxation. In Kenya, paper used to print educational books is also imported duty-free. The move comes at a bad time when Kenyans are battling with high inflation rates in order to meet even the basic needs. Experts have warned that the move is likely to lower the quality of education as textbooks will become too expensive, only to be afforded by a few parents. THE UNINTENDED CONSEQUENCES As reported by Fredrick Obura of The Standard, According to the Kenya Publishers Association (KPA), the VAT Bill would not only

Kenya Publishers Association Chairman, Mr. Lawrence Njagi.

introduce a 16 per cent VAT on books, it would also open another window subjecting imported printing materials to 25 per cent tax, which would render the industry non-competitive among peers in the East Africa region. The impending law would increase the cost of publishing books in Kenya. Our industry imports 90 per cent of its raw materials, and is already battered by a depreciating shilling against major currencies, said Kenya Publishers Association Chairman, Lawrence Njagi.

Mr Simon Sossion : Target Publications

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According to the managing director of Target Publications and vice-chairman of Kenya Publishers Association, Mr Simon Sossion, who expressed his views the Daily Nation, if passed into law without reinstating books under the zero-rating protection, the consequences of the 2001 VAT Bill will be trigger the erosion of the current Sh1,020 provided annually by the government to each primary school pupil for instructional materials by 90 per cent hence reducing it to a mere Sh102 which is hardly enough to buy a single textbook. The frustrating lack of textbooks could trigger mass drop-out rates gravely injuring the countrys current 72 per cent transition rate from primary to secondary school and Kenya will suffer mass capital and book printing job flights to the region and abroad, especially India, the Far East and China. Book piracy will become even more lucrative and a lot of businesses will go under with a devastating double impact: genuine investors will lose, and ultimately the government will lose revenue. This will seriously stifle the publishing industry. The state has recently been blamed over woes facing the education sector. Just the other day students in private schools were sent back home when they reported to their respective schools after the August holidays, following a countrywide teachers strike. The teachers had given the government a deadline to employ more teachers, as public schools were faced with an acute shortage of teachers following an influx of students that came with the introduction of free primary education in 2003. ONE TEACHER TO 120 STUDENTS DOESNT GO According to Kenyas National Union of Teachers (KNUT), Kenyas public schools are currently hit by a shortage of 80,000 teachers, which has resulted in a heavy workload for the available teachers. In one instance, a teacher had to cater for the needs of almost 120 pupils in a class, which is way above the official requirement of one teacher to 20 pupils. The quality of education depends largely on the teacher-student ratio, if the ratio is wanting then quality is compromised and that is evident when national examinations results are released in December and February for both primary and secondary schools. Students in private schools are performing much better than their counterparts who are in public schools. As reported by The Standard on Thursday September 6, teachers were threatening to paralyse learning again over delayed payment of their September salaries. While the governments efforts to boost the levels of education in the country have been acknowledged, its clear that it still needs to get its priorities right as Kenya is said to be one of the 26 countries in sub-Saharan Africa that are unlikely to achieve the education for all (EFA) target by 2015, according to Dr Beatrice Khamatui Njenga, Head Of Education Division at the Commission Of The African Union.

THE PRICE OF PIRACY

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That Mombasa Town Clerk Tubman Otieno has been taken to court by The National Environmental Management Authority for failing to comply with environmental laws and operating several illegal waste disposal sites is perhaps not unusual. Nairobi Town Clerk Philip Kisia has also been summonsed to court by the same authority over uncollected garbage in the citys industrial estate (odd, however, that on this occasion Mr Kisia didnt invite the television cameras along). What is of greater concern is that, as The Standards editorial put it on September 29, the gateway to Kenyas tourism industry is groaning under mountains of garbage. Kenyas tourism industry is under assault and a stinking, rat infested Mombasa wont help the matter. The main problem as far as tourism is concerned however, as most readers will know by now, is the knock-on effects of recent pirate attacks on tourists staying in the Lamu region. The tragic killing by a gang of pirates of British tourist David Tebbutt at Kiwayu Safari Village on September 11th and the abduction of his wife Judith, hit the front pages of newspapers and television screens throughout the world. Would-be visitors to Lamu were nervous but in the main kept coming. Kiwayu is after all many kilometers north of Lamu. AMOS KIMUNYA LEAPS INTO ACTION It took another 20 days for Transport Minister Amos Kimunya to announce that a coast guard unit would be set up to fight piracy. Note, not had been set up, would be set up. Piracy is a global problem, he said, it required a multilateral approach but Kenya was determined to end the attacks. Proposals for a coast guard unit are at an advanced stage, said Minister Kimunya. Well he didnt actually say these words they appeared in a speech read for him by Assistant Minister Simon Ogari to mark World Maritime Day, as reported on page 34 of The Daily Nation on September 30th. The events of the next day were to bring into stark relief the pressing problem of piracy on Kenyas coast set against the lethargy and indifference of politicians and security chiefs. Even Amos Kimunya would have had to sit up and take notice. PIRACY COMES CLOSER TO HOME AND THE TOURIST INDUSTRY

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Marie Dedieu: Kidnapped from Manda Island

The kidnap of French woman Maria Dedieu on October 1st has had an altogether different effect to the murder of David Tebbutt and the kidnapping of his wife Judith. Ms Dedieu was taken by six gunmen from Ras Kitau on Manda Island just across the water from Shela Village in the heart of the Lamu resort. Internal Security Minister George Saitoti responded to the abduction of Maria Dedieu by declaring that the attack was totally unacceptable to the government and a violation of Kenyas sovereign integrity. He was right of course, unacceptable yes, a violation, indeed, and also catastrophically bad for Kenyas economy. Bed and breakfast, lunch on the veranda, an evening meal out at a local restaurant, sea, sand and getting kidnapped is not what people go on holiday to the Peponi Hotel for. The Lamu tourism trade has collapsed overnight. Many hotel bookings have been

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Lamu's Peponi Hotel

cancelled, whilst many more potential visitors will now give the Kenyan coast a miss.

Ras Kitau on Manda, close to Shela/Lamu

Lets just consider the economics of this. Its not just a few rich hoteliers getting their fingers burnt financially. Empty hotels mean no bookings for internal air companies; no sales of food, wine and water, which will financially hit local suppliers; it means empty dhows moored up on the quayside and empty curio shops; and hotel staff chefs, waiters, waitresses, cleaners and handymen out of work. The Standard was right to refer to the tourism industry. It is an industry vital to the Kenyan economy and it is collapsing because politicians and our security services were caught napping. PIRACY A GLOBAL PROBLEM BUT KENYA MUST TAKE ACTION The Standard was also right in many of the views expressed in its main editorial yesterday under the headline Kidnap is no longer about Al Shabaab, but us. Much of what we have seen is reactionary, with senior security and Government officials performing mainly for foreign media and their cameras, The Standard declared. More damningly the editorial went on, It can safely be said that were it not for the kidnapping of two foreign tourists from Europe the Government would still be in slumber. The Standard then pointed out that Al-Shabaab militia kidnapped two Kenyan soldiers in July but the Government appeared to do little or nothing (although it should be noted, Kenyas press didnt exactly leap into action either) and that the fate of the two is still unknown.

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Writing on the wider subject of insecurity in The Daily Nation in January of this year, lawyer and politician Paul Muite stated: One of the defining characteristics of a functioning democratic State is the capacity of that State to secure her international boundaries and to guarantee her citizens (and visitors) security within the framework of functioning institutions, police, investigative and prosecutorial agencies and, of course, the Judiciary. Mr Muite was right. Urgent action has to be taken. The Government should remember that its first duty is the protection of its citizens. It might also consider that protecting foreign tourists makes eminent financial sense.

SANITARY TOWELS ARE A SERIOUS [EDUCATION] ISSUE (PART 2)

Sanitary Towels=Education

On June 3rd, 2011, the Forum posted an article entitled, HEALTH, SELF-ESTEEM, EDUCATION AND OPPORTUNITY SANITARY TOWELS ARE A SERIOUS ISSUE, applauding the governments effort to make sure girls in Kenya stay in school by providing them with free sanitary towels. Studies have shown that many girls in Kenya miss up to a week of school every month during menstruation due to lack of sanitary towels. Ask any teacher and they will tell you, a girl without access to sanitary towels feels embarrassed, unhygienic and uncomfortable, she also loses self esteem and with that the confidence to interact with her classmates, or with teachers in the classroom. Sanitary towels, therefore, are a serious education issue in Kenya. A girl absent from school for four days in 28 days (a month) loses 13 learning days equivalent to

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two weeks of learning in every school term. In an academic year (nine months) a girl loses 39 learning days equivalent to six weeks of learning time. A girl in primary school between grades 6 and 8 (three years) loses 18 learning weeks out of 108 weeks. Within the four years of high school a girl can lose 156 learning days equivalent to almost 24 weeks out of 144 weeks of learning in High school! So when the Prime Minister ordered two ministries to start providing sanitary towels to Kenyan students from July this year and asked the Ministry of Education to liaise with the Ministry of Public Health to provide the towels in all public schools from the next financial year, it was good news for everyone who was concerned with this issue, not least approximately 50 per cent of students in our schools. When the Finance Minister, for the first time ever, allocated $3M from the current national budget to cater for the free sanitary pads, the programme was scheduled to commence this term and seemed set to go. IF ONLY MOTHER NATURE COULD ALSO WAIT FOR JANUARY The Forum had however, in the same article, questioned the sustainability of this initiative bearing in mind the governments failure to implement the programme for the first time as promised when it came to power in 2003. It didnt come as a surprise therefore, when the Ministry of Education announced earlier in the week that the programme, which was to start last month, will now be rolled out in January instead, due to a shortage of funds. According to the education Permanent Secretary James Ole Kiyapi, the initial allocation of Ksh 300 million would only cater for 500, 000 girls yet the ministry targeted a million learners. As reported by the Daily Nation on Monday October 3, 2011 the government needs Sh 1.6bn annually for the supply of sanitary towels to poor girls. As the government appeals to donors to step in and support the project we cant help recalling how our dear honorable members of parliament raided money set aside for relief operations and other national emergencies to settle their tax arrears two months ago. If only the poor girls, who have to miss school when its that time of the month again, could also tell Mother Nature to go for a vacation until January, then maybe they could just wait patiently for the government to keep their word. In the meantime, not only is this bad news for poorer girls in school in Kenya, it also means, as one website campaigning for sanitary towels in our schools put it, Kenya is unlikely to achieve Education for All (EFA) goals and gender parity by 2015 or the Millennium Development Goals (MDGs).

STATE TURNS A DEAF EAR

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Justice & Constitutional Affairs Minister Mutula Kilonzo is he listening?

The Kenya Association for the Deaf (KAD) has complained that the State isnt listening to them. As reported in The Standard on September 20 (Stop listening to us with half an ear, deaf tell State) the Association, which represents more than 600,000 people in Kenya with hearing impairment, believe that the deaf community are unfairly treated as far as education and access to information are concerned and they want the Government to do something about it. KAD have a point. As a percentage of their numbers the deaf are less likely to graduate from university, for example, and face multiple barriers to their empowerment as active Kenyan citizens. More action is needed on the part of the Ministry of Education, those responsible for gender, Children and Social Development, and indeed the Justice and Constitutional Affairs ministry. It was in a speech delivered at the Kenyatta International Conference Centre to mark International Deaf Awareness Week that Justice and Constitutional Affairs Minister Mutula Kilonzo called on the deaf to make use of facilities available in the country and for parents to have their childrens ears tested. Not that the Minister delivered the speech himself you understand, it was read to the conference by his assistant William Cheptumo. KAD was right, the State isnt listening. The Forum wonders if they even care. BUT BIG BROTHER IS LISTENING One group that is listening and may be listening more to you in the future, is Kenyas National Security Intelligence Service. As reported on the back page of The Nation last week (Spies seek legal rights to tap phones in Bill), the proposed National Intelligence Service Act seeks to empower the service to obtain information by tapping telephone conversations. They are also seeking powers to install, maintain or remove anything from private property once a warrant from the High Court has

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been granted: in short, permission to bug. The draft National Intelligence Service Act is not all bad. It does seek to outlaw torture, would allow Parliament to vet the director-general of the agency before appointment and ensures that he or she will not be politician (although that wont stop it being a political appointment). The Forum is concerned, however. We daily read and hear fine statements congratulating ourselves for the introduction of the new constitution but just over a year after the referendum that ushered it in we now find that our finger prints must be taken if we are to be allowed to fly out of Jomo Kenyatta Airport and now that it will be much easier for the State to listen in to our conversations. The Forum says the National Intelligence Service Act should not be rejected out of hand but it will require serious scrutiny by Parliament. SAFARICOM: COERCIVE MARKETING AND BAD PR Making a phone call has just got a little bit more expensive since Safaricom announced that they have increased the cost of airtime by a Shilling per minute. Well, no worries says the Forum, its a commercial decision but another aspect of Safaricoms operations does irritate us and by all accounts, many others too. Many people reading this posting will have received a text from Safaricom stating that their Sim card is not registered (even if it has been), must be registered and to get along to the nearest Safaricom outlet as soon as possible in order to avoid being cut off. So what happens when you get there? Do they have necessary forms? No, never. The helpful attendants however, advise customers to join the long queue to sign up to Mpesa (thats mobile money transfer for those reading this from outside Kenya), which they say has the same effect as registering your Sim card. So you get your phone registered, you dont get cut off but Safaricom signs up, under duress, thousands of potential Mpesa accounts. As a form of coercive marketing its quite brilliant, and, says the Forum, utterly improper. Its also bad PR by Safaricom putting them up there with such irritants as increased matatu fares when its raining, decreasing portion sizes in Nairobi restaurants and police officers who cant help you until give them a little something. ANOTHER LESSON FROM ZAMBIA Finally, regular readers will recall our posting about the lessons Kenya could learn from the recent presidential elections in Zambia (Zambias election of King Cobra and some lessons for Kenya): well, theres more. Yesterdays Daily Nation reported that Dr Guy Scott, a muzungu born and raised in Zambia but

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of British-Scottish descent and voted Member of Parliament for Lusaka Central, has been appointed Vice-President of Zambia by newly elected President Michael Sata. Dr Scott said it proved Zambians are not racists. The Forum asks: what chance of a muzungu, or a Muslim, or indeed a woman, being appointed VP in Kenya?

KENYAS NATIONAL POLICE SERVICE ACT: TOUGH LAWS FOR LAW ENFORCERS OR CARRY ON REGARDLESS?

Internal Security Minister. Prof. George Saitoti

Following the recent enactment of the National Police Service Act there are hopes that police officers in Kenya will mend some of their ways and operate more in accordance with the spirit and letter of the new constitution. The code of conduct launched by Internal Security minister George Saitoti on Monday 12th September provides a common guide for regular and administration police services. An officer who uses a baton, any chemical agent or firearm in law enforcement shall immediately submit a report detailing all circumstances of the incident through the chain of command, reads part of the guide, for example. The code of conduct, which is supposed to act as a guide for regular and administration police, seems to borrow a lot from the Constitution, requiring that officers must display their names and service numbers to suspects and must inform them at the point of arrest, the offence that has been committed.

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While the code recognises the right of officers to vote in elections, it bars them from acting as agents of political parties, as well as indicating support or opposition to any party and cautions officers against taking bribes, accepting gifts or getting involved in civil disputes. EXTRAJUDICIAL KILLINGS AND TORTURE Incidences of police caught on camera beating up men and women mercilessly during riots and public demonstrations are not new to Kenyans. Police have in the past been accused of violating human rights including extrajudicial killings, torture, physical and psychological abuse. The Cry of Blood, published in 2008 by the Kenyan National Commission on Human Rights (KNCHR) into extra-judicial killings in Kenya, and Surviving After Torture published in 2009 by the Kenyan Human Rights Commission (KHRC), are just two of many reports that have set out many allegations of illegal actions by Kenyas police and security services. RECENT CASES GIVE CAUSE FOR CONCERN The recent accusations of police misconduct give cause for concern. First there was the death of John Muturi Kariuki, a teacher from Loreto Kiambu High School, who allegedly succumbed to injuries sustained in a beating in the police cells last month. The victim had been booked in for an offence of being drunk and disorderly as indicated on the stations OB.

James Mugo Waithira

Last Wednesday (September 28), James Mugo Waithira was buried at Mugkarara public cemetery in Dagoretti. Mugo was 16 year old boy who died either at Kabete police station, or on his way to hospital from the police station, depending who you believe. A postmortem by the Independent Medico Legal Unit revealed evidence of torture and traumatic shock, including subcantaneous Hemorrhage due to multiple musculo-skeletal injuries due blunt force trauma.

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Dagorretti Deputy Police boss Duncan Nguthu, under whose jurisdiction Kabete Police Station falls, confirmed that Mugo died in custody after collapsing. He said Mugo, a robbery with violence suspect, was arrested on September 16 and died on the morning of September 17 as he was being rushed to Kenyatta National Hospital after he collapsed.

City Mortuary where James body was taken

Kenyans who have continuously been subjected to arbitrary arrests and manhandling by the police without following the rule of law have expressed mixed reactions about the new regulations set out in the National Police Service Act. Some have faith that it will ensure their rights and dignity are safeguarded while others are yet to be convinced that the regulations will ever work in Kenya. The deaths of John Muturi Kariuki and James Mugo Waithira would suggest the latter may be right.

KENYA FORUM SEPTEMBER REVIEW:


ZAMBIAS ELECTION WANGARI MAATHAI WOMEN IN KENYAN POLITICS MOMBASA SHARK ATTACK FEMALE GENITAL MUTILATION MARRIAGE AND SEX IN KENYA LYNCHINGS IN KENYA SINAI FIRE DISASTER THE KHRC REPORT THE MURDER OF DR ROBERT OUKO TROON, KILIKU AND AKIWUMI REPORTS

In a new development the Forum has collated all the 17 postings published in September so that readers may review the month and catch up on those postings they may have missed.

ZAMBIAS ELECTION OF KING COBRA AND SOME LESSONS FOR KENYA Sept. 28
The recent Zambian election has several lessons for us, particularly if Kenya is to avoid the horrors of post-election violence.

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WANGARI MAATHAI: AN INSPIRATIONAL WOMAN AND CAMPAIGNER Sept. 26


Not only Kenya but the World has lost an icon but she leaves a legacy of inspiration that is unmatched.

HAMMARSKJOLD, THE HAGUE AND THE ELVIS FACTOR Sept. 25


Tales of intrigue, murder and mystery Was UN Secretary General Dag Hammarskjold murdered 50 years ago? And were Munjiki warriors really invited into State House, Nakuru, during the 2007/8 post-election violence in Kenya?

MAY THE BEST WOMAN WIN? Sept. 23


Several women, among them Gichugu Member of Parliament Martha Karua and a 27 year-old Kingwa Kamencu who came to the limelight last week, have declared their interest in running for the Presidency come 2012.

MOMBASA SHARK ATTACK: MEDIA RESPONSIBILITY AND MEDICAL CARE Sept. 22


An horrific shark attack in Mombasa and the questions it raises; the Sinai fire disaster and lessons to be learnt; and the is the Likoni Ferry a disaster waiting to happen?

FEMALE GENITAL MUTILATION (FGM): BANNING THE BARBARIC CUT Sept. 21


The Forum hopes that, as the law awaits presidential assent, FGM will finally became a folk tale and ceases to be a fearful and barbaric reality in Kenya.

THE GRIM REAPERS TERRIBLE KENYAN HARVEST Sept. 20


Lynchings in Kenya; illegal brewing; matatu massacre on our roads; and the Sinai fire disaster. Over 100 people died in the Sinai fire, at least 250 people have died on Kenyas roads in the last month alone, more than 30 people have died from drinking illegal liquor, and the police are investigating at least 40 cases of mob injustice arising in September.

SUFFER NOT THE LITTLE CHILDREN: MULTIPLE REPORTS OF THE SEXUAL DEFILEMENT OF MINORS IN KENYA GIVE GRAVE CAUSE FOR CONCERN Sept. 19
Every morning we read in Kenyas daily newspapers stories of rape and molestation involving minors. This appalling issue has to be urgently addressed.

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MARRIAGE, SEX AND THE SINGLE WOMAN KENYA STYLE Sept. 16


Ask most single Nairobi women and theyll tell you, All the good men are taken! Therefore a single woman has two choices, to stay single, or to share: the majority has opted for the latter.

THE KENYAN HUMAN RIGHTS COMMISSION (KHRC) REPORT NEW KENYA DEMANDS MORE, THE NEW CONSTITUTION REQUIRES MORE Sept. 13
The Forum has published a series of postings considering various aspects of the KHRC report, Lest We Forget: The faces of Impunity in Kenya. This posting draws the series on the KHRCs report to a close by bringing together many related postings and links to other sites, some 20 in all, from which readers can draw their own conclusions.

THE KENYAN HUMAN RIGHTS COMMISSION REPORT (PART 5) KILIKU, AKIWUMI, TRIBAL CLASHES AND THE FACES OF IMPUNITY Sept. 12
Past inquiries into tribal clashes have themselves operated with impunity, not letting little matters like the facts, lack of evidence, discredited testimony, or questionable procedures get in the way of their findings. The history of the allegations of involvement in promoting inter-tribal conflict, the sources from which they derive and their handling by Kiliku, Akiwumi and others are illuminating and provide a cautionary tale.

THE KENYAN HUMAN RIGHTS COMMISSION REPORT (PART 4) LEST WE FORGET: TROONS FINAL REPORT WAS FATALLY FLAWED Sept. 10
All of the facts relating to the murder of Dr Ouko referred to in this posting have been known, and have been in the public domain, since at least 2004. Most have been known since 1991. Scotland Yard detective John Troon has questions to answer arising from those facts. The KHRC too has questions to answer as to why they included Troons Final Report in Lest We Forget without qualifying its findings in the light of that knowledge.

THE KENYAN HUMAN RIGHTS COMMISSION REPORT (PART 3) LEST WE FORGET: PAST INQUIRIES AND IMPUNITY Sept. 9
The Forum looks at Gor Sunguhs infamous committee hearings into the murder of Dr Robert Ouko

THE KENYAN HUMAN RIGHTS COMMISSION REPORT (PART 2) METHODOLOGY, OMISSIONS, THE CONSTITUTION AND CIVIL SOCIETY Sept. 8
There are several problems associated with the approach taken by the KHRC.

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THE FORUM HASNT FORGOTTEN: THE KENYAN HUMAN RIGHTS COMMISSION REPORT (PART 1) Sept. 7
There is much that is laudable in the spirit behind the KHRCs report entitled Lest We Forget: The Faces of Impunity in Kenyaand in much of its content but there is also much to be concerned at, particularly in the context of post-new constitution Kenya. The Forum addresses some of the issues that arise from its publication.

THE STORY SO FAR: MATATUS, LYNCHING, THE KCC AND NCC Sept. 5
Matatu Manslaughter; lynching and mob justice; corruption and KACCs demise; Nairobis corrupt council?

THE COST OF LIVING IN KENYA Aug. 31


2011 is just about to officially become, if it hasnt already, as the year inflation reached new heights in Kenya. The next Forum posting will be on Monday 3 October at 9.30am Kenya time.

Wangari Maathai

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UN Secretary General Dan Hammarsjold. Accidental death or murder?

Bull Shark

FGM Instruments

ZAMBIAS ELECTION OF KING COBRA AND SOME LESSONS FOR KENYA

Zambias new President Michael Sata, the King Cobra

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It was only ten days ago that The Standard published an article about the Zambian elections under the headline, President Banda flies high in campaigns for re-election, that had first appeared in South African newspapers Mail & Guardian online edition. Bandas campaign was modern, well resourced and slickly executed, wrote the author Sean Christie and the man himself had a benevolent mien, was genial and a real charmer. Christie was traveling with President Bandas campaign team in more ways than one it seemed. The same page of The Standard also carried a report headlined Zambias Banda expects to win in Tuesday vote, indeed, the first paragraph of the report state, Bandas MMD Party expected to score an easy victory. Well Banda would be confident (they always are) and so would his party. They had massively out-spent their opponents, used state resources to the full and controlled the state media. They would have to say they were going to win, they probably believed it. How could they not win? But he and they didnt. Banda lost the election by some 200,000 votes to his opponent Michael Sata, also known as the King Cobra due to his sharp tongue. The results were delayed and not published in the time set under the election regulations. There were accusations that the governing party were trying to rig the result. Riots flared up. You know, the usual. But fortunately a result seen as fair by all was eventually announced. So another election is over but there are plenty more in the offing. In Russia, President Medvedev has declared that Prime Minister Vladamir Putin should stand as a presidential candidate in the next elections (what a surprise). In the United States, President Barrack Obama has warned voters against letting the Republicans win the presidential election in November 2012. And in France President Sarkozy is running a little scared following socialist triumphs in recent elections. KENYAS ELECTIONS: DONT MENTION POLICIES As Kenyans are only too well aware, we are only a year or so from the next presidential and parliamentary elections (we still dont know the date on which they will be held) and election campaigning, or at least maneuvering, is well under way. Not that it has really stopped since the last election. Kenyan pre-election campaigns are all about who will ally with whom, putting together a coalition of regional voting blocs, and who is doing what to whom. Policies, i.e., what the politicians plan to do if given power, are few and far between, if non-existent. Raila takes time to woo back the Kalenjin support, Raila, Ruto to hold rally on Coast, Saitoti enters the ring, Will Karua have breakfast with Kenneth? (OK, we made that one up), are the sort of daily headlines seen in Kenyan newspapers. No one seems to ask about

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policies, least of all the Kenyan media. And so the whole awful process goes on, a sickening concoction of very little substance topped by a lot of froth. The recent Zambian election has several lessons for us, particularly if Kenya is to avoid the horrors of post-election violence. The subject was touched upon in The Standards Opinion editorial on September 24. To summarise: the election should, of course, be free and fair but just as importantly it must be seen to be free and fair, so transparency in the electoral process is vital. And the true election result must be declared in the allotted time. The Standards editorial was right when it declared: When suspicion characterizes elections that are held on a not-very-transparent manner, the stage is set for eruption of violence. The Forum would add, however, one other factor for consideration: the need for responsible campaigning. There is already evidence on the Internet of a campaign developing based on the message, We will win if the other side doesnt steal the election. This tactic was seen at the last election and was one of the causes of developing tension that led to such catastrophic violent results. It should stop, now. P.S. How many people noticed that the first person to visit the new President of Zambia to congratulate him was the Chinese Ambassador? It was a small but very significant event illustrating the shifting balance of power in Sub-Saharan Africa.

WANGARI MAATHAI: AN INSPIRATIONAL WOMAN AND CAMPAIGNER

Wangari Maathai

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Along with millions of Kenyans and indeed many millions more people worldwide, the Forum heard the tragic news early this morning that the Kenyan Nobel Peace Prize winner, Wangari Maathai, died last night in Nairobi Hospital. She was 71 years old and had been undergoing treatment for cancer. Wangari Maathai is best known as an environmental and political activist. It was a result her active campaigning in these areas that Maathai became the first African woman to win a Nobel Peace Prize in 2004, for promoting conservation, womens rights and transparent government. The Peace Prize was but one of over 50 awards however, albeit the most prestigious, that Wangari Maathai received in her lifetime. Wangari Maathai was born on 1st April, 1940, in the village of Ihithe, Nyeri district. She studied at the Mount St. Scholastica in the United States and the University of Pittsburgh, as well as the University of Nairobi. She went on to become a veterinary anatomy professor but rose to international fame for her leading role in campaigns against government-backed forest clearances in Kenya in the late 1980s and 1990s (she branded the clearances a political ploy that would cause irreversible environmental damage) and also served as a member of parliament from 2002 to 2007. Wangari Maathais passion for conservation and the environment prompted her to form the Green Belt Movement, a non-governmental organization focused on the planting of trees, environmental conservation, nutrition and womens rights, into which she poured all her efforts. The Movement expanded throughout Africa leading to the foundation of the Pan-African Green Belt Network. In her acceptance speech for the Nobel Peace Prize, Wangari Maathai said she hoped her own success would spur other women on to a more active role in the community. This she achieved, inspiring not just women but many men as well, and particularly young people. SOME TRIBUTES TO WANGARI MAATHAI During the day the Forum has received many tributes to Wangari Maathai. Jacob wrote that, She showed great courage and strength of character in fighting for environment conservation we will truly miss her! and Stacy declared, She was like mama Africa, she will live in the hearts of many despite completing her mission on this earth! Daniel, one of Prof. Wangari Maathais former students, wrote, The Generation that destroys the environment is usually not the generation that pays the price she lived in the worst of times and made the best of it.RIP iconic lady! And Edwin said that she had proved, That you dont need special favours to make it in life; that you dont need special seats in parliament to make a difference in Kenyans lives; that you dont have to insist on being treated special just because you bear a different anatomy to that of men. RIP Maathai. Plant a tree in memory of Wangari. And read her books!

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AN INSPIRATIONAL LEADER, PARTICULARLY TO YOUNG KENYANS It is significant that in a poll of over 3,300 young Kenyans published in 2010 by The Young Kenyan Leader, in which 14 to19 year-olds were asked to vote for who they considered to be the most inspirational leader, Wangari Maathai came third out of over 230 nominations, just behind Nelson Mandela and Barack Obama, one place ahead of Jomo Kenyatta and ahead of Mother Theresa of Calcutta and Dr Martin Luther King. The Young Kenyans were also asked to say why they had voted for a particular leader. Their comments about Wangari Maathai give some idea as to the impact she had made on these Kenyans from all areas of the country, all backgrounds, boys and girls. Safiya Abdulrahman wrote; Wangare Maathai is my role model because she is fighting against destroying our environment which brings a beautiful scene and Obadiah Masila wrote, People just talk about development and never do it, but she not only talked about it she was doing it practically. For Zoka Bernice it was, Her determination and commitment towards improving our status that had inspired her, and Rahul Puri wrote, I adore Wangari for her firm belief in going green and she has a bright spark of determination. It was perhaps Faith Jerono who summed up her legacy, the legacy she wanted, to inspire others to action and leadership. Faith wrote, She fought for conservation of the environment as a way of developing the country, thus making me get inspired in fighting for peace by considering her success. The Forum says not only Kenya but the World has lost an icon but she also leaves a legacy of inspiration that is unmatched. The Forum welcomes tributes to Wangari Maathai from readers which we will endeavour to publish.

HAMMARSKJOLD, THE HAGUE AND THE ELVIS FACTOR

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UN Secretary General Dan Hammarsjold. Accidental death or murder?

Tales of intrigue, murder and mystery, we just love them. Just mix in a few claims and counter-claims, a surprise witness or two, some overheard conversations and minutes of secret meetings, dose with a generous amount of money changing hands, add a drop or two of espionage and dont forget a splash of Machiavellian machinations by foreign powers, and youve got it: a recipe for selling newspapers, books and political opponents down the river. The Forum too is partial to this dish but let us add a little salt of reason to cure the beef of a least a couple of stories that have broken in the last week. UN CHIEF DAG HAMMARSKJOLD SHOT DOWN IN FLAMES? Few Forum readers will know the name Dag Hammarskjold who died fifty years ago last week, or why the story of his death should still be of interest five decades after it happened. Dag Hammarskjold was Secretary General of the United Nations who on the night of the 17-18, 1961, was a passenger in a DC-6 aircraft that crashed at about 1am near Ndola airport in what was then the British colony of Northern Rhodesia and which is now the sovereign state called Zambia. All 16 people on board were killed, or eventually died, as a result of the crash, including Mr Hammarskjold, who became the only UN Secretary General to have died while still in office. Investigations by the UN, and by the US, British, German and Swedish intelligence services, all concluded that the crash resulted from pilot error as the plane came in to land. So there the story lay quietly undisturbed for most of the last half century until recently, as reported in the Sunday Nation (Call for new probe 50 years after UN chiefs death, September 18) and the Standard on Sunday (New allegations on the death of former UN

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boss, September 25), it rose from the grave. An investigation by Goran Bjorkdahl, an aid worker for the Swedish International Development Agency, and a book entitled Who Killed Hammarskjold by a British author Susan Williams, argue that the UN Chief was killed after the plane he was traveling in was shot down by a jet fighter. The motive for the murder the two claim, was Hammarskjolds support for the newly independent Congolese governments campaign to crush an uprising in Katanga that had been funded by Western mining companies. The West wanted to keep control of the mineral rich area, so the theory goes, so Hammarskjold had to go. Its a great story worthy of Frederick Forsyth at his best (try The Dogs of War). It might even be true. Perhaps all those UN and intelligence agency investigations were just part of a cover up, the Forum doesnt know, but we do urge a note of caution before everyone gets carried away. HAS ELVIS LEFT THE BUILDING? Part of the evidence that Goran Bjorkdahl uses to sustain his thesis is derived from interviews with local and now elderly villagers, who say they witnessed the DC-6 being shot down. Now as many savvy Kenyans will know, weve been down this route before. To pick just one example: in 1990 there was only really one witness who saw anything the night Dr Robert Ouko was murdered, his maid Selina Were, who said she saw a white car turning at the bottom of the ministers drive in the early hours of the morning. Fourteen years later and Gor Sunguhs Parliamentary Committee investigating the murder of Ouko uncovered many eye witnesses who claimed to have seen a great cast of characters at Oukos house that night, plus 25 Government Service Unit officers in support. In all, Gor Sunguh named some 47 people involved with Oukos murder and an alleged cover up. It was a surprise that Elvis Presley and Lee Harvey Oswald werent named as being part of the plot. The point is, Mr Bjorkdahl and Ms Williams may have a case to make but we Kenyans will be a little skeptical of it if it is based on elderly villagers suddenly saying what they saw of the event (in the dark) nearly 50 years after it happened. And what were they asked? Were they asked, What did you see? or were they asked, Did you see a jet shoot down the other plane? The two questions could have, in all likelihood, resulted in quite different answers. SMUGGLING THE MUNGIKI INTO STATE HOUSE, AND OTHER TALES And so for a very short visit to The Hague where towards the end of last week the International Criminal Court (ICC) hearings moved on to consider the case against Finance Minister Uhuru Kenyatta, Civil Service Head Francis Muthaura and former Police Commissioner Major-General Hussein Ali.

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Central to allegations being made against the three is that they directed and coordinated post-election violence in 2007-08 perpetrated by the Mungiki [for non-Kenyans, the Mungiki is a banned criminal-politico-religious group originating from the Kikuyu dominated Mount Kenya region]. In particular, the prosecution stated that 100 Mungiki thugs were armed at State House, Nakuru, and sent on their way to wreak havoc with the Luo and Kalenjin. The Munki factor ran the The Standards front page headline last Friday; Uhuru paid MPs, Mungiki Sh3.3m for attacks that of The Star; Uhurus private army, was The Nations headline on the same day. Well, again, maybe they did and maybe they didnt, the Forum doesnt know, and perhaps evidence will be brought to light of organised violence and wrongdoing but we are, again, skeptical of the claims of private armies and Mungiki bands at State House. Claims of the existence of private armies and warriors have been standard fare in the past which have pretty much been proven to be baseless (see Forum posting, The Kenyan Human Rights Commission Report, Part 5: Kiliku, Akiwumi, Tribal Clashes and the faces of impunity) and are we really to believe that Kenyatta (and Kibaki) would have been so stupid as to somehow bring a mass of Mungiki fighters into State House without thinking they would be detected? The Hague hearings have a few days to go yet. Watch this space, Elvis Presley and Lee Harvey Oswald may yet be cited.

MAY THE BEST WOMAN WIN?


The empowerment of women, that is, increasing the spiritual, political, social or economic strength of women, is today increasingly advocated worldwide as societies develop in which women and men enjoy equal opportunities in all spheres of life. General observations suggest, and research has proved, that empowering women is not just a moral issue but a practical one too, vital to sustainable development. Studies have revealed that women make up the vast majority of the worlds poor, two-thirds of the worlds illiterates, and HIV/AIDS is rapidly becoming a womans disease. In Sub-Saharan Africa, women constitute 60 per cent of people living with HIV. In the past women have often been alienated in many societies, allowing men to take the dominant role in virtually all areas of life, securing for themselves the key positions in the religious, corporate and political worlds, as well as the dominant position in the home. That world, however, is changing. The modern woman has emerged, breaking into leadership circles that were for a long time reserved for men, not least in the political sphere. Several states and governments around the world are now headed by women, including India, the Philippines, Finland, Liberia, Chile, Canada and Argentina among others (although admittedly thats out of over 196 countries). Most recently, Helle Thorning-Schmidst was

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elected as Denmarks first female Prime Minister. In many countries women are vying for political power in a way that would once have been unthinkable. In the USA former Vice-Presidential candidate Sarah Palin and Minnesota Congresswomen Michele Backmann have made their mark in the Republican Party. In Senegal, Aminata Tall, the countrys popular female politician, has become the second woman to declare her candidacy for the presidency with the pledge to end male hegemony. Men seek power in order to become someone, but women seek power to do something, Ms Tall declared recently. In other parts of the world changes have taken place that is aimed at increasing the representation of women in elected politics. In Wales, part of the United Kingdom, the Welsh Assembly set a world record in May 2003 when it became the first legislative body with equal numbers of men and women. Womens rights groups hailed the breakthrough after 30 women were elected to the 60-strong assembly. Rwanda, however, has the worlds highest proportion of female members of parliament (56%) according to a study by the Inter-Parliamentary Union. PLEASE TAKE YOUR SEATS Several countries have introduced quotas either through constitutional change or national legislation, or through the reform of political parties, in an effort to give women more power (although some critics have argued that this system, on the contrary, prevents an increase in womens representation). In Morocco, 10 per cent of parliamentary seats are reserved for women (following the October 2002 elections, the number of female parliamentarians increased from two to an Arab-world record of 35.) In India, 33 per cent of seats at the local government level are reserved for women. In Uganda, a parliamentary seat from each of the 39 districts is reserved for women, resulting in an increase in womens political representation (some other women are elected to parliament on the non-gender specific reserved seats), whilst In Tanzania 20 per cent of national seats and 25 per cent of local government seats are reserved for women. And in Argentina, the electoral law establishes a compulsory 30 per cent quota for women candidates for elective posts. The rule of reserved seats has indeed increased womens representation in the government and is definitely a milestone on the road to the empowerment of women. WHERE IS KENYA ON THIS ROAD? At present 9.8 per cent of Kenyan MPs are female, however the situation is likely to change under the new constitution which maintains a one third requirement for either gender in elective bodies, giving the women of Kenya at least 1/3 minimum in elective public bodies (Article 81 (b)). The new constitution passed in August 2010 stipulated that the number of parliamentary seats

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should be increased from 210 to 290. The cabinet has decided most if not all of the 80 new parliamentary seats should be reserved for women. According to a bill ready for debate when Parliament resumes next month, Kenyans will still elect honorable men and women of their choice in the 210 existing constituencies, however political parties will submit lists of names to the Registrar of Political Parties before the election. After the election, Parliament will look at which house has not met the two-thirds rule and will then use the nomination list to ensure the gender rule is met. Several women, among them Gichugu Member of Parliament Martha Karua and a 27 year-old Kingwa Kamencu who came to the limelight last week, have declared their interest in running for the Presidency come 2012. BUT ARE WOMEN SOMETIMES THEIR OWN WORST ENEMIES? Women have often been blamed for their own downfall. Take for example a country like Kenya where women are in the majority. Talk to most women in Nairobi and they will tell you that Kenya is not ready for a female president. In a recent article in The Stars entitled GET SERIOUS WOMAN!, columnist Carol Mutoko bluntly told women, the only reason you wont see the value in what it means for a woman such as yourself or greater than yourself to seek a position in leadership is because you think so little of yourself, adding that as long as a woman doesnt believe in herself, she will never believe in the success and ability of another woman. Carol Mutoko believes that unless women embrace the idea that they are good enough, then another woman will lose out on the chance to make a difference to some inept man. With that the Forum heartily agrees.

MOMBASA SHARK ATTACK: MEDIA RESPONSIBILITY AND MEDICAL CARE

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Bull Shark

It was the horrific, tragic and terrifying reality so brilliantly depicted in fictional form by the 1976 classic spine-chilling film Jaws. Last weekend bystanders on Mama Ngina public beach in Mombasa heard the screams of a young man who had been swimming nearby. His thrashing panic was the result of an attack by a Bull shark, an attack that left his right leg all but ripped off. Some of the brave bystanders rushed into the water and pulled the young man to the shore. The shark attack victim (his name is unknown) was rushed to the Coast Provincial General Hospital where sadly he died some three hours later. Media reports of this awful incident and the events themselves that led up to the young mans death, are somewhat confused (The Star, for example, said he was believed to be less than 25-years-old, while other reports place his age at 16 or 17 years-old) but of what we do know, both give rise to serious concerns and questions that need answers. First, let us consider the role of the media in this instance. The attack was reported on page 11 of The Star last Monday (19th September). Under the headline Man dies after attack by shark at Mama Ngina drive was a large colour photograph accredited to an Elkana Jacob of the unfortunate victim laying on a hospital bed, his face covered by an oxygen mask, his outstretched left arm connected to numerous tubes. Wires connected to his body were linked into a nearby monitor. Virtually the same scene was shown on NTV. Consider this. The young man would have suffered a massive loss of blood and he would have been suffering too from severe shock as (hopefully, but see below) medical staff at the Coast Provincial General Hospital battled to save his life: so what was a photographer doing being allowed entry to the patients bedside in such circumstances to take a flash photograph, quite possibly adding to the shock? The photographer concerned, The Star and the hospital should answer this question. Second, let us consider the young mans treatment following the attack. Consider this. The loss of blood and severe shock from which the victim would have been suffering required urgent treatment. Every second wasted increased the likelihood of death. It was a Mombasa-based blog site that raised two of the most pertinent questions. WHY was the boy taken all the way to COAST GENERAL HOSPITAL, asked Mombasa 411, over 5 kilometres away through midday TRAFFIC and not the nearest hospitals WITHIN 1 KILOMETRE OF Mama Ngina Drive, Pandya Hospital, Mombasa Hospital or Aga Khan? And, Why DID THE Coast Provincial Hospital leave the patient [allegedly] lying awaiting treatment at the emergency wing of the hospital for OVER 20 minutes?

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Again, both questions require answers. OUT OF FIRE, THROUGH DARKNESS, INTO THE LIGHT? The repercussions arising from, and the debate sparked by the Sinai fire disaster, the recent incidents of multiple deaths from drinking illicit brews, carnage on our roads and the continuing spate of lynchings, continues. Take yesterdays Standard newspaper for example. Page 4 saw a report that the 164 families of the victims of the Sinai tragedy would each receive Sh70,000 to cover funeral expenses. Page 11 carried a report that Transport Licensing Board chairman Hassan ole Kamaro was blaming road safety enforcement agencies for, frustrating the fight against road carnage by engaging in corruption. The Standards next page, under the headline Crisis meeting as Central buries its dead, reported that President Kibaki had directed the Central Provincial Security Committee to crack down on illegal brews. On one more page and the Standards headline ran, Leaders alarmed by lynchings in Kirinyaga above a story that politicians, the provincial administration and local police had convened a crisis meeting. The Standards editorial headline, Act to prevent tragedy rather than reacting summed up the papers position on the recent tragedies. Perhaps, thought this Forum correspondent, things were changing but then came page 8 of todays Standard. Nine die as tanker bursts into flame as villagers scramble to siphon fuel in yet another fire tragedy, was the sub-headline to the report from Busende village in the Busia District. THE LIKONI FERRIES: A DISASTER WAITING TO HAPPEN The Forum, however, will take up The Standards challenge and act to prevent rather than wait to react to yet another disaster. A few yards from where the young man was mauled by a shark in Mombasa last weekend the two Likoni ferries ply their trade to and fro across the Likoni Channel. Yet again the press reported recently (Major scare as ferry rams docked ship, Daily Nation, Friday September 16) that one of the ferries had been involved in a mishap, this time just ramming a docked ship and narrowly missing colliding with another one when the coxswain of the MV Kwale lost control of the vessel and it started to drift into deep waters. Only last week an overloaded ferry capsized near Zanzibar resulting in over 200 deaths. Anyone who has ever travelled on the Likoni ferries, even though the old ones have in recent times been replaced, knows that they are regularly overloaded as they cross a busy shipping channel. One collision, or one near-collision followed by panic among the passengers, could lead to a terrible disaster costing hundreds of lives. To prevent at least one disaster, the Forum says, enforce the regulations on the number of passengers and loaded vehicles the Likoni ferries can carry, and at long last build a bridge over

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the treacherous crossing.

FEMALE GENITAL MUTILATION (FGM): BANNING THE BARBARIC CUT

I have fought for 18 years to achieve this legislation. Today is Independence Day for women. Men got their independence in 1963 but today women have achieved independence from the cruel hands of society. Those are the words that were exuberantly uttered by nominated MP Sophia Abdi Noor when parliament finally passed the bill outlawing female genital mutilation (FGM) in Kenya last week. Just three months ago, Sophia Noor moved the August House with her harrowing personal experience of the FGM ordeal when she rose to support the Bill to outlaw female circumcision. She was barely eight years old when together with seven of her age mates she was handed over to a traditional circumciser who took them through the excruciating process of the cut. The old woman who took them through the process was going blind and three of the eight who underwent the operation, one of them her very close friend, died due to excessive bleeding. Luckily for Sophia Noor the bleeding was not too much and her father, who was a policeman, took her to a hospital in Garissa using a police Land Rover. Its a very painful psychological experience with some dying and that there is no homestead that has no sad story arising from circumcision, says Noor For centuries, FGM was performed openly in Kenya, in most cases as part of traditional ceremonies. It went underground after being outlawed in 1999; however it was being practiced in secrecy and the Government did not put the ban into law, thereby making it difficult to prosecute the culprits. Approximately 28 percent of women in Kenya have undergone FGM, with the highest numbers being recorded among the Somalis and Kisii communities. The practice rates 98 percent among the Somalis, 96 percent among the Kisii, 73 percent among the Maasai and 48 percent among the Kalenjins. FGM is still a cultural practice these communities are not ready to abandon.

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The Kenya Demographic Health Survey (KDHS) 2008/2009, however, indicated that FGM appears to be declining with overall prevalence reducing from 38 percent in 1998, 32 percent in 2003 to 27 percent in 2008 among women aged 15-49, a decline in the practice has been accredited to increased levels of education in the communities involved. The historic law passed by Parliament last week makes female circumcision officially illegal in Kenya. The Private Members Bill, sponsored by Mt Elgon MP Fred Kapondi, makes it illegal to practice female circumcision, procure the services of a circumciser, or send somebody out of the country to undergo the illegal cut. Offenders will serve up to 7 years in prison and fines of up to Sh500, 000. Moreover, anyone who causes death in the process of carrying out FGM will be liable to life imprisonment. In a statement issued from State House Nairobi on Wednesday, the First Lady Mrs. Kibaki thanked the tenth Parliament for passing the Prohibition of Female Genital Mutilation Bill 2010, saying the prohibition of FGM will have a positive impact on the development of girls and women. Girls in communities where FGM is common now have no cause for worry and can be able to concentrate on their education, said the First Lady. As reported by Sarah Bosely of the UKs Guardian newspaper, Kenya now follows a number of African governments in outlawing the practice. Nobody imagines this means FGM will never take place again in Kenya, she wrote, but making it illegal is a massive step towards changing attitudes and giving strength to those who oppose the practice. According to the Pan African news agency, at the time of the African Union summit in June, which proposed prohibition of FGM, Benin, Ivory Coast, Djibouti, Egypt, Eritrea, Ethiopia, Ghana, Guinea, Niger, Nigeria, Kenya, Central African Republic, Senegal, Chad, Tanzania, Togo and Uganda already had legislation against it but despite this the cut is still widely practiced in five of these countries (Djibouti, Egypt, Eritrea, Ethiopia and Guinea) and in Mali, Sierra Leone and Sudan. In line with international practice it is now the duty of states to promote and protect human rights at the national level. In its 85th Plenary Meeting held on 20th December 1993, the General Assembly of the United Nations passed the Declaration on the Elimination of Violence against Women. It encourages governments to take steps to ensure that women are protected from all forms of violence be it of physical, sexual psychological nature. Among specific acts of violence delineated in the declaration are sexual offences, battering, marital rape, FGM and dowry related violence. The Sexual Offences Act (SOA) which came into force on 21 July 2006, provides for the prevention and protection of all persons from harmful and unlawful sexual acts. It is one thing to make laws, however, and quite another to enforce them. The Forum hopes that, as the law awaits presidential assent, FGM will finally became a folk tale and cease to be a fearful and barbaric reality in Kenya.

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THE GRIM REAPERS TERRIBLE KENYAN HARVEST


By fire or poisonous brews, on the road or at the hands of our own countrymen, the Grim Reaper continues to scythe his way through a terrible harvest of Kenyas population. His presence is rarely desired, with each death leaving people asking Why? Yet in truth all too often we invite his dark presence into our midst, or at least allow him easy entry into our daily lives. THE KLU KLUX KLAN WOULD BE PROUD OF US Regular Forum readers will know that quite recently we commented on the many lynchings that are reported in Kenya on almost a daily basis (see Strange Fruit and the impunity of the mob) whereby individuals who are suspected of a crime (often a very minor one) but have not been charged let alone convicted, are stabbed, hacked, shot, stoned or hanged to death by the mob. Here are just three recent examples of this quaint Kenyan pastime that have occurred within the last month. At the end of August aserial rapist was lynched (actually, he was beaten to death) by residents of Ndaragwa after he was identified by one of his victims (no need presumably to have any corroborating evidence, just take her word for it). Early September it was the turn of a chicken thief (so the punishment fitted the crime then) at Nyombayathi village, Kanyakine division (he was killed by the mob using crude weapons). And on Friday last, a boda boda suspected gangster was lynched (just stoned this time) and his body set on fire in Kerugoya town, Kirinyaga County. In the year 1892 in the United States, 230 lynchings took place, 161 African-Americans and 69 whites, a record for that country. In two months alone this year in Kenya, over 100 lynchings were recorded. At that rate we will lynch anything up to 2,500 people this year. My word the Klu Klux Klan would be proud of us. The Kenya press may refer to them as lynchings but as the Forum has pointed out before another word that could be used is of course, murder. A LETHAL BREW At least 19 people died in Nyahururu after drinking an illegal brew, it was reported in the newspapers on September 15. At the same time in Ruiru, seven people died and four went blind after drinking a similar concoction. According to a report in The Nation (Zombies who are the brew tasters, September 15), Every consignment [of the illegal brew] that arrives is tasted by watchmen, streetboys and loaders who are given Sh500 for their work. If they live the brew is deemed to have passed the test and

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is taken to the pubs seems to be the way it operates. Todays Nation reports another four people dying at Muchatha village in Banan, Kiambu, and three others being admitted to hospital having lost their site after drinking at a local bar. How many hundreds die or are blinded by this trade every year the Forum does not know but the reports of similar events to those in Nyahururu and Ruiru appear in the press virtually every week. Surely the combating of this evil trade should be a police priority, not the hounding of legitimate bars that serve a drink a minute after official closing time. The Nyahururu victims will be buried in a mass grave today. They came from the Maina slums. The Forum fears that to the police they just dont count as human beings. THE REAPER RIDES A MATATU The Forum has also commented on more than one occasion about the appalling casualty rates on our roads and particularly about the many accidents involving buses and matatus (see earlier postings, Bloody buses and Behind the wheel or behind bars?). The slaughter goes on. The Standard reported on September 9 that 13 more people die in two road accidents, eight in Meru and five others in Machakos, all traveling in public service vehicles (both were matatus, both in collision with a lorry). A woman died and 66 people were injured The Nation reported on September 13 when a Nairobi-bound bus rolled at Cherboror shopping centre in Uasin Gishu County. For good measure the survivors of the crash were all robbed of their cash and personal effects by people who rushed to the scene. More recently, eleven people were killed when a bus collided with a truck on the Nairobi-Mombasa highway at 1am in the morning. Eye witnesses said the bus driver was speeding. Todays Standard reports 13 passengers dying with scores injured in a crash in Kitui County after a bus rolled 15 kilometres from Mwingi town. We are all to blame for road accidents, from traffic police officers who take bribes and turn a blind eye to offence and passengers who board unroadworthy vehicles putting themselves at risk of death, Mr Nyandoro, a lawyer and member of the British Content Advisory Council wrote in a letter published in The Standard on September 17. Njoki Karuoya writing in The Standard three days earlier (No one else needs die on our roads) called for Road safety has to be embraced as a quality of life concept and for the implementation of new road safety strategies to cut road deaths in half by 2020. Mr Nyandoro and Ms Karuoya are quite right (although the Forum doubts the latters contention that Ghana has the best safety record in Africa have you driven on Ghanaian roads lately

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Njoki?) but the Forum would add its suggestions as to how to cut the carnage on our roads by 50 per cent (and well before 2020): the police must enforce the speed limit, pull all unroadworthy buses and matatus off the roads, and charge all drivers of said vehicles with manslaughter if by flagrantly breaking the law their actions lead to the death of others. THE SINAI FIRE TRAGEDY On September 12 petrol leaked from a pipeline into a nearby storm drain in the Sinai village slum in Nairobis industrial area. It would appear that some local residents rushed to scoop up the valuable liquid; others were at home sheltering from the rain in the many makeshift huts that crowd the area. Whether it was a spark or a discarded cigarette that set off a massive explosion is unknown but the resulting fireball incinerated over 100 people. In truth nobody yet knows what exactly happened or who is at fault, be it the Kenya Pipeline Company (KPC), illegal fuel traders siphoning off petrol from the pipeline, a combination of both, or other factors. This however, did not stop the rush to judgement. By the next day The Standards Opinion was blaming negligence on the part of the KPC. By the end of the week, politician, lawyer and civil society activist Paul Muite, whilst calling for an independent probe claimed that the management of the KPC had deliberately spilled the fuel to cover up for massive theft of fuel at their nearby depot. Mr Muite may be right, he may not be, but he and others should remember that such rushes to judgement can lead to lynchings, real or metaphorical. TALKING OF POLITICIANS Other politicians toured the Sinai disaster area, including Prime Minister Odinga. It is right that they did so but several commentators aired varying degrees of scepticism at their presence on these tragic occasions. Kipchumba Some writing in The Nation under the headline, The shame of leaders in time of grief, declared that the gesture smacks of overweening pomposity and that the whole charade climaxes on the day of the funeral Looking somber in their expensive suits heads bowed and frowns on their faces. Same day, same newspaper, same page and Father Calisto Nyagilo, a Roman Catholic priest blamed politicians, at least in part, for abetting conditions that lead to Sinai-type tragedies. Politicians see these slums in terms of votes, and thats why the slums are still there, he was quoted as saying. Kwendo Opanga writing in the Sunday Nation took a similar angle suggesting that MPs interceded only because they view people of Mukuru Sinai in terms of votes and not in terms of human life. In Kipchumba Somes article he quoted Mr Paul Muite as describing the visits of politicians as

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misplaced acts of cheap populism. They are not necessary and should be stopped. I dont think they know how cheap and insincere they look when they are doing that. Those who read page 5 of the Weekend Star the day before would have seen a photograph of Mr Muite wearing a smart suit, head bowed, a somber look on his face, standing beside the hospital bed of one of the victims of the fire. Stopping politicians viewing slum dwellers as voting fodder, or grandstanding in the aftermath of terrible events is as an intractable a problem as educating fellow Kenyans to run away from a fuel spillage rather than to it. SEPTEMBER 2011, ONE OF KENYAS WORST MONTHS Quoted in The Standard today in a report headlined, September the worst in my tenure, says Iteere, Commissioner of Police Mathew Iteere described this month as the worst month in his career. Over 100 people died in the Sinai fire, at least 250 people have died on Kenyas roads in the last month alone, more than 30 people have died from drinking illegal liquor, and the police are investigating at least 40 cases of mob injustice arising in September. The Forum would like to be up-beat, to look with optimism at the prospects for positive change, but with this months daily news of such terrible carnage, for this posting, this is just not possible.

SUFFER NOT THE LITTLE CHILDREN: MULTIPLE REPORTS OF THE SEXUAL DEFILEMENT OF MINORS IN KENYA GIVE GRAVE CAUSE FOR CONCERN
Under the SEXUAL OFFENCES ACT (2006) a person who defiles a child aged eleven years or below shall upon conviction be sentenced to imprisonment for life; if the child is aged between 12 and 15 years, the term of imprisonment shall not less than 20year; and if the child is between 16-18 years old, the defiler faces a term of no less than 15 years behind bars. These are penalties that one would hope would scare the wits out of any person who is at least of reasonably sound mind from conceiving the slightest idea of defiling a minor in Kenya, but judging from the rampant cases of defilement this is not so. Every morning we read in Kenyas daily newspapers stories of rape and molestation involving minors. Sadly, the perpetrators are in most cases close relatives to the victims. Incest seems to have become all too common as fathers turn into their own children, or near relatives betray the trust of those in their charge. Children as young as three years old have not been spared and a large number of the victims are left pregnant at a tender age, and in the worst cases infected with HIV of other sexually

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transmitted diseases. In Kericho county, for example, sexual offences have been much on the rise. A report by Peter Mutai in The Standard (September 7, 2011) revealed that about 20 cases were reported in that county last month alone, according to Deputy OCPD Patrick Nandi. One of the cases involved a five year old girl whose 40 year old father attempted to defile her; luckily the poor girl was saved by the mothers timely response to her cries for help. Most of these cases however go unreported as parents prefer resolving matters privately as some communities still perceive public discussions of sexual matters as taboo. Others are too afraid to report the assault after threats by the perpetrators who in most instances, even when arrested, are released due to lack of evidence. Cases of teachers molesting their students have been on the rise too. Four months ago, a head teacher defiled four girls aged between 7 to 13 years over lunch and infected them with HIV. In a recent incident highlighted this week by The Star, a 12 year old girl was forced to drop out of school in Nandi central district after being impregnated by a member of the schools PTA. The sad thing is that despite the matter having been reported to the police, the culprit, who apparently is well known, is still at large. Mothers have been left worried to death for their children, home which was once the safest haven for their young ones has become a danger zone and school is not safe either. The girl child is not the only endangered species; young boys have been preyed upon too. Sodomy makes up a high percentage of the defilement cases, a recent instance being that of a six year old boy that was assaulted by a 20 year old man in Kirinyaga County as reported by The Star, on Friday last week. The man was sentenced to 15 years in prison. ANCIENT EVIL OR A MANIFESTATION OF MODERN KENYAN SOCIETY? Several questions linger in the mind as one tries to figure out why Kenyan society has seemingly turned this way. Was this evil ever-present but just not reported in the way it is today? Is it a sad reality recently revealed, or a growing modern menace? Does it derive from ignorance, perversity, or just plain evil? Are these the tell-tale signs of the last days as described in the Book of Revelations as some would have it, or are they just illustrations of a decaying society? And how do we stop this abomination? One does not have to be a devout Christian to hope a millstone will be cast about the neck of each and every perpetrator before they are thrown into the water. Neither does one have to be a reactionary to believe that the development of our modern society has had a role to play. Either way, this appalling issue has to be urgently addressed.

MARRIAGE, SEX AND THE SINGLE WOMAN KENYA STYLE

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Wives in big demand as scarcity bites read the title of a recent article by Gatonye Gathura in The Daily Nation. It was a story about the agony men in China go through, not just to find a wife, but to keep one as well, as wives have become an endangered species there. Till death do us part is not a vow couples in China can identify with it seems, as a wife may just wake up one day and disappear, or rather get abducted and be married off to a different man. The story is the exact opposite in Kenya however. Unlike in China where wives are in demand, (good) husbands are in demand in Kenya. Ask most single Nairobi women and theyll tell you, All the good men are taken! Therefore a single woman has two choices, to stay single, or to share: the majority has opted for the latter. Its a mentality that has driven scores of women in Nairobi to extreme measures in an effort to find a man to call their own. Mpango wa kando, or side dish, are popular names in Kenya used to refer to mistresses. The statistics however prove women wrong, the ratio of men to women is in fact about equal but Kenyan women are not ready to buy this. According to the 2009 census results released by Planning Minister Wycliffe Oparanya, the number of males in Kenya stands at 19, 192, 458 and that of females at 19,417,639. This gives the lie to the previously held notion that the ratio of men to women stood at 1:6. What this Forum correspondent fails to understand then is why the number of women looking for potential partners is higher than that of men. According to match makers operating dating agencies in the country, the biggest challenge their business faces is that the number of women looking for soul mates surpasses that of men. PRAYING FOR A GOOD MAN It was in September of last year that a Nigerian pastor became a house hold name in Nairobi. Pastor Chris Ojigbani held a conference to pray for serious singles that were looking for husbands. The day saw hundreds of beautiful, smartly clad women convene at The Kenyatta International Conference Centre, where the seminar was being held, hoping that sooner rather than later they will have a testimony. A recent quarter paged advertisement in the Daily Nation confirms earlier reports that Pastor Chris is to storm Nairobi again soon, this time taking up a more spacious venue; The Nyayo National Stadium. He promises a bigger and more explosive seminar whose theme is, Your Set Time Marriage! An article in The Standard on Monday 5th September entitled Scramble For Men Goes To Church, is further evidence that the place of worship has not been spared either. Many married women in church view younger women as threats to their marriages. These younger women, in search of good, caring and financial stable men, go to church with an agenda and their dress code can tell it all. They dress to kill, not the demons that might be hovering around them but their prey. Disguised in heavy makeup and clad in short skirts and cleavage-revealing tops and dresses, outfits that were formerly more likely to be seen in night

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clubs or at special occasions, these women will never keep time in church. They walk in late and will never take the back seat near the door, but catwalk to the front in their noisy stilettos and perch on the strategic seat. Thats strategy number one being the centre of attraction. Unlike in the recent past where the young people were shy to rise to their feet in praise and worship, this lot are ready to swing their hips and raise their voices in praise as they flip their weaves all in an effort to catch a mans attention. The pastors have not been spared either and tales of reverend gentlemen being seduced while in the pulpit sharing the good word, are not uncommon. This new breed of women target married men as they believe such men are more mature and financially stable. They dont mind being the other woman as long as the man meets their needs, which clearly shows that their argument that men are scarce is just an excuse. That reminds me of something my mother always told my female cousins whenever they had issues with their husbands and came home seeking advice, there are no readymade men and the grass is never greener on the other side, she would say, which is what if you ask me, these women are looking for; readymade men. They have decided to take the shortcut and get that man whose wife has already invested in and helped him become the man the younger woman now admires. STILL, MEN HAVE THEIR USES Some women have given up the chase for a good man and have opted to stay single but they desire babies, so what do they do? They look for a sperm donor. A recent discussion on the subject on one of the local radio stations revealed that most men are willing to sire babies with no strings attached to the mother. Yet whether the man is willing or not, he doesnt actually have too much of a choice as the conniving woman is the one calling the shots. The woman will prey on the man whom she thinks has the looks and brains that she wants her child to inherit and once they get between the sheets it becomes a done deal; the mission is accomplished! Others, who are convinced that Kenyan men have a problem with women, have decided to expand their horizons and try their luck with foreigners. Currently Nigerian men are the target and the one time Nigerian events like the popular Naija night have become hunting zones to Kenyan women. BLAME THE BATTLE OF THE SEXES? Most single men, including many of my own friends and colleagues, are of the opinion that there are plenty of girls out there but very few are wife material. This raises an interesting debate that shifts the blame to women. According to George, a friend who is in a stable relationship, its hard to find a young, beautiful and humble woman who is ready to submit to a man in this generation.

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Modernity has been blamed for transforming todays woman. What most men seem to see in most women today are competitors, not just in the corporate and political world but in the family set up as well. The man feels like his role as the head of the household has been raided if not tramped down upon, a notion that the modern woman dismisses claiming that men are just intimidated by successful females. Maureen, a single Nairobi woman who has not given up on finding a good man, believes that there are plenty of single men out here but very few are husband material. The majority of them are just losers, she says. She however, thinks that women too have failed to live up to the societys expectation and groom themselves to be good wife material. Whether its the women to blame for the dilemma they find themselves in, or the men for raising the bar too high and failing to embrace the modern woman, remains a contentious subject.

THE KENYAN HUMAN RIGHTS COMMISSION (KHRC) REPORT NEW KENYA DEMANDS MORE, THE NEW CONSTITUTION REQUIRES MORE
Over the last week the Forum has published a series of postings considering various aspects of the Kenyan Human Rights Commissions (KHRC) report, Lest We Forget: The faces of Impunity in Kenya. The KHRC report was a substantial document in many ways and there obviously was not time or space enough for the Forum to have covered all aspects of it but we hope we have provided readers with food for thought. The Forum has illustrated its concerns about Lest We Forget and the KHRCs modus operandi. Collating old reports, some of which were based on investigations that were deeply flawed, undermined the KHRCs case. Being selective as to which reports and individuals named in them were to be included gives cause for concern. Assuming guilt before proving innocence will not do: the new Kenya under our new constitution demands the opposite. The KHRC are right however, that further investigations need to be instigated and where appropriate, action taken, but the Forum urges that this time they are handled through the due process of the law, affording full constitutional rights to both accusers and the accused, free from political interference and based on evidence that has been rigorously tested: the new Kenya under our new constitution requires it. This posting draws the series on the KHRCs report to a close (although we may well return to the subject) by bringing together many related postings and links to other sites, some 20 in all, from which readers can draw their own conclusions. We hope that Professor Yash Pal Ghai, and the KHRCs Executive Director Atsango Chesoni, Vice Chair Betty Murungi and Programmes Officer Tom Kagwe, will read, consider and who knows, even respond. The Forum welcomes your contributions to the debate and corrections to any errors we might have made.

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Here are the Forum postings and other related links. Now it is up to you. THE FORUM HASNT FORGOTTEN: THE KENYAN HUMAN RIGHTS COMMISSION REPORT (PART 1) THE KENYAN HUMAN RIGHTS COMMISSION REPORT (PART 2) METHODOLOGY, OMMISSIONS, THE CONSTITUTION AND CIVIL SOCIETY

THE KENYAN HUMAN RIGHTS COMMISSION REPORT (PART 3) LEST WE FORGET: PAST INQUIRIES AND IMPUNITY THE GOR SUNGUH COMMITTEE AND THE MURDER OF DR ROBERT OUKO

THE KENYAN HUMAN RIGHTS COMMISSION REPORT (PART 4) LEST WE FORGET: TROONS FINAL REPORT WAS FATALLY FLAWED THE KENYAN HUMAN RIGHTS COMMISSION REPORT (PART 5) KILIKU, AKIWUMI, TRIBAL CLASHES AND THE FACES OF IMPUNITY

RELATED FORUM POSTINGS: TIME TO LET TRUTH GET IN THE WAY OF A GOOD STORY? THE FACTS OF DR ROBERT OUKOS MURDER MUST BE REPORTED LEE HARVEY OSWALD DID NOT SHOOT DR. ROBERT OUKO OFFICIAL BRING ME THE HEAD OF DR ROBERT OUKO THE SWORD OF JUSTICE IS MIGHTIER THAN THE POISONED PEN YOU MISSED THIS KIPLAGATS TV INTERVIEW GOR SUNGUH OWES FAR MORE THAN SH3 MILLION AND AN APOLOGY TO ORARO OVER OUKO INQUIRY OTHER SITES AND POSTINGS OF INTEREST: www.kenyaunsolved.com contains perhaps the most extensive study into the Ouko

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murder. www.kenyadocex.com is a good source for many of the documents related to the Ouko murder (go to the Wiki Documentation pages). A site covering the Truth, Justice and Reconciliation Commission contains some related postings: OUKO KILLED IN STATE HOUSE? GOR SUNGUH SHOULD BE QUESTIONED DR ROBERT OUKO, DOMENICO AIRAGHI, MARRIANNE BRINER-MATTERN AND THE KISUMU MOLASSES PROJECT THE TRUTH HAS BEEN KNOWN FOR YEARS OUKO MURDER: THE KIPLAGAT INTERVIEW CITIZEN TV TJRC DISOWNS KIPLAGAT BUT HAVE THEY DISOWNED THE TRUTH ABOUT THE WAGALLA MASSACRE AND THE MURDER OF DR ROBERT OUKO? US AMBASSADOR RANNEBERGER HAND OVER THE OUKO FILES KIPLAGATS INVOLVEMENT IN THE MURDER OF DR ROBERT OUKO

THE KENYAN HUMAN RIGHTS COMMISSION REPORT (PART 5) - KILIKU, AKIWUMI, TRIBAL CLASHES AND THE FACES OF IMPUNITY
Kenya is a country that has been scarred by inter-tribal violence particularly at the time of elections. It was right and proper therefore that the Kenyan Human Rights Commission (KHRC) addressed this issue in their recently published report Lest We Forget: The Faces of Impunity in Kenya. Numerous names listed in Lest We Forget are set against the accusation of involvement in Gross violations during the politically instigated violence in Rift Valley Province between the years 1991 and 1998. The bases for the allegations are principally contained in two reports; the findings of the Kiliku Committee placed before the Kenyan National Assembly in 1992 and the Report of the Judicial Commission Appointed to Inquire into Tribal Clashes in Kenya, the Akiwumi Commission, published in 1999. The problem again is that past inquiries into tribal clashes have themselves operated with impunity, not letting little matters like the facts, lack of evidence, discredited testimony, or questionable procedures get in the way of their findings. The history of the allegations of involvement in promoting inter-tribal conflict, the sources from which they derive and their handling by Kiliku, Akiwumi and others are illuminating and provide

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a cautionary tale. PRIVATE ARMIES AND KALENJIN WARRIORS It was on the 18th March 1992 that the Hon. Achillea Ogar MP, then the Assistant Health Minister, made allegations, under cover of parliamentary privilege that there existed a private army of Kalenjins. Describing it as a very serious allegation the Deputy Speaker of the National Assembly called on Mr Ogar to either substantiate the allegations or withdraw the remark. He replied, I withdraw my remark unconditionally. That might have been that, as they say. Achillea Ogar did not substantiate his accusation as far as The Forum is aware but it was taken up by other politicians, journalists and campaign organisations, and it appears by the Kiliku Committee that looked for something to give credence to the allegations. THE KILIKU COMMITTEE The Parliamentary Select Committee to Investigate Ethnic Clashes in Western and other parts of Kenya in 1992, chaired by Hon. Joseph K Kiliku, was appointed on 13th May, 1992 by a resolution of the National Assembly passed on 29th April, 1992. Theres not space enough and time in a single Forum posting to consider all that Kiliku came up with and how his Committee conducted its investigation but let us look at just a couple of examples arising from one case study, the allegations against Nicholas Biwott, by way of illustration. KODIPO AND THE SHINYALU WITNESS The Committee heard testimony that Nicholas Biwott, the MP for Keiyo South, had financed a group of Kalenjin warriors to cause tribal clashes and incited inter-tribal violence at rallies Kapkatet and Narok in Septembr 1991. The basis for the allegations rested on the testimony two people: Valentinus Ujure Kodipo, alias Abdul Kadir arap Kigen, and an unidentified witness known as the Shinyalu witness. Oddly, whereas the Kiliku Committee established sub-committees to consider other specific allegations, in the case of Kodipos and the Shinyalu witness allegations a sub-committee was not established and their testimony was accepted at face value and without challenge. Kodipos evidence, which was not recorded verbatim, nor was it included in the Kiliku Report, was subsequently discredited when on 6th October 1992 the Hon. Terer, then the Assistant Minister for Tourism & Wildlife, produced an affidavit of one Samuel Tunoi who Kodipo had cited as his source, an affidavit that proved Kodipo had been lying. On the 29th September the Hon. Mrs Ndete MP, one of the members of the Kiliku Committee, stated, we did not believe those (Kodipos) allegations. Kodipo was also later to allege that Biwott was involved in the murder of the English tourist,

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Julie Ward, a claim also subsequently discredited by no lesser figure than Mr John Ward, Julie Wards father, a former British policeman who was heading an investigation into his daughters death. In rejecting Kidipos allegations, Mr John Ward said, All along, I have never believed in the witness claimed by Kodipo despite the fact that both the United Nations and the majority of the Western Countries believed his claims, which they have also discovered were aimed at harvesting huge sums of money from them. Further, Mr Ward said, Kodipos motive for his claims could have been political mischief. THE SHINYALU WITNESS The second witness upon which the Kiliku Committee based the allegations that Biwott financed the Kalenjin warriors came from an unnamed witness described as a warrior from the Shinyalu division. The Shinyalu witness was later named as Wilson Kokosi Ingare. The Shinyalu witness testified before the Kiliku Committee not that he had direct evidence against Biwott but that an unnamed and unidentified warrior gave him the information only after he had been thoroughly beaten and only spared when he conceded to disclose his identity and mission. Realising that the testimony from the Shinyalu witness was baseless, Mr Kiliku was later to state before the Akiumu Commission that his report contained other evidence against Biwott, namely the report of a subcommittee that heard evidence at Kimilili on 11th June 1992. And what was the basis for this new evidence? It turned out that it came from the same Mr Wilson Kokoi Ingare, the Shunyalu witness, offering the same evidence that had already been discredited. No other evidence was offered. The Kiliku Committees report when put to a vote of the National House of Assembly was not adopted for being shallow, inadequate and malicious but the National Assemblys comprehensive rejection of the Kiliku report and John Wards equally emphatic rejection of Kodipos allegations did not stop newspapers, campaign organisations, foreign governments, and now of course the KHRC, giving them credence. AKIWUMI TRIES AGAIN On 1st July, 1998 a presidential commission of inquiry, the Judicial Commission Appointed to Inquire into Tribal Clashes in Kenya under the Hon. Mr Justice A M Akiumi, was established. Known as the Akiwumi Commission it was charged with determining the causes of ethnic violence from 1991 to 1998 and making specific recommendations, including identifying for prosecution those found to be responsible. Taking testimony from over 200 witnesses over eleven months the Akiwumi Commission focused particularly on the 1997 outbreaks of violence in Coast Province. Akiwumi presented his report to President Moi on the 19th August, 1999. Its contents however,

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were to remain secret until the report was finally published by the Attorney General on 18th October, 2002. For three years Nicholas Biwott and many others were unaware that their names appeared in the Commissions report. Only in October 2002 were they to learn that the Akiwumi Commission had recommended that 189 other people be investigated to ascertain whether he had played any part in the tribal clashes that occurred between 1991 and 1998. The handling of the Akiwumi Commissions investigation, however, and the recommendation it made call into question the validity of it inquiries and cast serious doubt as to it being an objective and independent commission. ROUND UP THE USUAL SUSPECTS The nature of the Akiwumi Commissions recommendation regarding our case study, Nicholas Biwott, was in itself highly unorthodox and his case unique among those cited for investigation. It was subsequently also to be found to be unlawful. The Commission only included Biwotts name on a list of those that should be investigated in the Kericho District, not his home area or the one for which he sat as a Member of Parliament. More damningly, the relevant section of the Commission report addressing the disturbance in the Kericho District did not mention the name Nicholas Biwott. In other instances of those recommended for further investigation the Akiwumi Commission established facts and findings against them. In Biwotts case no facts were established and no findings recorded by the Commission and yet his name was included on the list for further investigation. AKIWUMI: WRONG IN LAW AND IN BREACH OF NATURAL JUSTICE Not only was the Commissions recommendation regarding Biwott illogical and inexplicable given that he had not been found to have done anything wrong nor named in the Commissions report, it also transpired that it was unlawful and deemed against natural justice by the Kenyan courts. A ruling by Judge J. Rimita in the High Court of Kenya on 1st November 2002 (Case No. 1269), finding that, there was no evidence against Nicholas Biwott and that, this is supported by the Commissions findings, ordered that, The Judicial Commission of Inquiry on tribal clashes in Kenya dated 31.7.1991 is ordered removed into this court and quashed as far is it recommends that the applicant be further investigated regarding his role in the tribal clashed that occurred in Kericho District. Judge J. Rawal in The High Court on 10th December, 2002, recorded, I therefore hold that the recommendation made by the Commission to the effect that the applicant [Nicholas Biwott] be investigated for the tribal clashes in Kericho District was wrong in law, was made in breach of the rules of natural justice and hence is a nullity.

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In his deliberations Judge Rawal also noted that, I can and should observe that the Commission has not uttered a single adverse note or comment against the applicant [Nicholas Biwott] in the relevant part concerning the clashes in Kericho district. Nothing can dissuade me to observe or surmise that there was nothing worth mentioning in the evidence before the Commission so far as the applicant was concerned and that is why the total silence in its finding. Yet out of the blue, in the recommendation, which is in the nature of its substantial decision, his name appears. So technically, it should be pointed out, Biwotts name should not be in the Akiwumi report because it had been removed by the High Court of Kenya. But that, of course, has not stopped the KHRC in effect re-inserting it for the purposes of their Lest We Forget report. SELLING NEWSPAPERS AND SETTLING SCORES Judge Rawal was not the only person to be puzzled as to why Biwotts name appeared in the Commissions recommendations when it had not appeared in its investigations into tribal clashes in the Kericho district. Others speculated that perhaps his name had been added just prior to the publication of the report. A newspaper editor under cross-examination by the Commission provided an alternative reason: Biwotts name sells newspapers, he said. So what do we have? Allegations accepted into two reports, on which a third, the KHRCs Lest We Forget publication, based their conclusions, some of them derived from allegations made by totally discredited witnesses concerning unrecorded speeches and confessions made by a beaten-up informer. The allegations in turn were, in the case of the Akiwumi report, kept secret from those accused (so they could not defend themselves). And in our case study, the Biwott case, not being named in the relevant section of the report didnt stop his name being added to the list for further investigation, nor have High Court decisions ordering that his name be removed stopped the KHRC from including it. This may have sold newspapers and helped settle scores in the old Kenya but the Forum had hoped that in the new Kenya, with our new constitution, such behaviour was a thing of the past and no longer condoned, especially by groups such as the KHRC that have an important role to play in protecting our new-found rights and freedoms. P.S. It is in a footnote on page 47 of its report that the KHRC refers to event that supposedly gave rise to many of the accusations of involvement with instigating tribal violence. It was allegedly at rallies at Kapkatet on the 21st September and Narok on 28th September 1991 that KANU cabinet ministers, MPs and others incited violence in their speeches. Then, the footnote continues, Finally, in early 1993, tribal clashes broke out in Enoosupukia which is in Maasiland, between the Maasai and the Kikuyu. So is the KHRC really saying that speeches made in September 1991 instigated inter-tribal violence nearly one-and-a-half years later in 1993?

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FORGET: TROONS FINAL REPORT WAS FATALLY FLAWED


Having been invited to Kenya by the Moi government in February 1990 to investigate the death of Dr Robert Ouko, Kenyas Minister of Foreign Affairs, Detective Superintendent John Troon who headed the Scotland Yard team, delivered his Final Report in August 1990. The report wasnt made public at the time but it was read out in full a year later at the Gicheru Commission Inquiry and its contents widely reported in the press. Troons Final Report is one of the ten reports and investigations used to form the basis of the Kenya Human Rights Commissions (KHRC) report Lest We Forget: The Faces of Impunity in Kenya. That the KHRC should have included Troons Final Report in Lest We Forget is not in question. That they did so without questioning its reasoning and the conclusions it reached set against what we now know, the Forum does find questionable. TROONS THEORIES To be fair, Troons task was not an easy one. He had few firm facts to go on and little in the way of reliable eye witness testimony to support what he did have. In the absence of factual evidence on which to build a case, Troon instead came up with theories as to the possible motives for Dr Oukos murder. Troons first theory was that there had been a row between Dr Ouko and others during a visit by a delegation of 83 Ministers and government officials led by President Moi to attend a Prayer Breakfast in Washington between January 28 and February 4, 1990, because Dr Ouko had met with President Bush Snr, Moi had not, and this had led to a row with Nicholas Biwott, then the Minister of Energy who was part of the delegation. The second was that there had been a major dispute between Ouko and other members of the cabinet over the cancellation of a project to build a molasses plant in Kisumu (in Dr Oukos constituency); and thirdly, that Dr Ouko was preparing a report on high level political corruption in the Kenyan government arising out of the Kisumu Molasses Project and that he was killed in order to silence him. Let us examine some facts, many known in 1990 and 1991, and others that have since come to light and all of which Mr Troon now knows and the Kenyan Human Rights Commission (KHRC) should know. SOME INCONVENIENT TRUTHS As readers of the Forum will know from our last posting (THE GOR SUNGUH COMMITTEE AND THE MURDER OF DR ROBERT OUKO) no meeting took place between President Bush Snr and Dr Ouko during the Washington Trip. Just to recap, official records (released by Bushs library), President Bushs lawyer and the US State Department confirmed that no such

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meeting took place; no member of the Kenyan delegation (a delegation that included Bethuel Kiplagat, then the Permanent Secretary in the Ministry of Foreign Affairs) was aware of any such meeting; the Kenyan Ambassador to Washington released a detailed statement that also said Bush and Ouko did not meet; and the Kenyan police found that There is no evidence to confirm that Dr Ouko while in Washington met President Bush. Records do establish, however, that Presidents Bush and Moi did meet, if only for a brief photo session. Troon choose instead to believe Dr Oukos brother Barrack Mbajah from whom the Washington row allegation derived. Barrack had not been on the trip but he said he heard the story from a Ministry of Foreign Affairs official who in turn had not been with the delegation to Washington and denied having said there was a row. Troon should have known this in 1990 but he ignored all of the testimony to the contrary and did not consult US authorities either in Nairobi (he could have just contacted the US Embassy) or the USA to verify what happened during the Washington trip. Troon did accept that the factual basis for allegations of a row in Washington were somewhat tenuous and based on hearsay but he seems to have preferred one mans fiction over fact. STUCK IN MOLASSES Troons second theory that there had been a major dispute between Dr Ouko and other cabinet members, particularly Biwott and Saitoti, over the revival of the Kisumu Molasses project just does not stand up. The process and timescale by and over which decisions were taken to halt the Kisumu Molasses project would also seem to make it an unlikely a motive for the murder of Dr Ouko in 1990. All decisions relating to rehabilitation of the Molasses Project were taken collectively, and it seems unanimously, by the Kenyan Cabinet. The decision to abandon the project was taken in 1988 by the then Minister for Industry, Dalmas Otieno, nearly one-and-a-half years before Oukos murder. Biwott had no official role in the project from November 1987, over two years before the murder and anyway seems to have supported the Kisumu Molasses project, or at the least voted for it in cabinet, throughout. Troon should have also known all of this but he again ignored testimony contrary to his theory, notably the testimony of Dalmas Otieno and did not read, or even ask to see, the Kenyan Government Molasses File that recorded details of how, when and by whom decisions were taken. ACCUSATIONS OF CORRUPTION Troons third theory, that an alternative bid for the Molasses Project was championed by some cabinet ministers who asked for kickbacks, and ultimately that in order to suppress a report on high level corruption written by Dr Ouko he was murdered, also does not bear scrutiny. The two Italian companies ultimately put forward for the project were both were part of the same multinational group (as Dorothy Randiak, Dr Oukos sister admitted under cross-examination)

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and they were both introduced by a Domenico Airaghi from the BAK Group (of which more later), not by Biwott, Saitoti or anyone else from the Kenyan side. So where was the rival tender? And why would a company to be asked for, or pay, a bribe to win a tender against itself? If in February 1990, Dr Ouko was writing a report to President Moi exposing corruption involving the revival of the Kisumu Molasses project he was doing so nearly two years after it had been cancelled by Dalmas Otieno (again the timing is all wrong) and supposedly writing it to the man, Moi, who had chaired the cabinet meetings that discussed and agreed each step in the Molasses project. No report on corruption written by Dr Ouko has ever been discovered and only one person said it existed: a Marriane Briner-Mattern, Airaghis partner in the BAK Group (of which, again, more in a minute). OUKO THREATENED Critically, Troon obviously never read the two letters that Briner-Mattern said she sent to Dr Ouko just before his murder. If he had done Troon would have seen that they threaten Ouko about revealing to Moi his involvement with corruption surrounding the Kisumu Molasses project at the time of the 1988 election, not Biwott, Saitoti, or anyone else. Troon didnt read or even ask for the relevant files and he didnt believe Dalmas Otieno. So who did Detective Superintendent John Troon of Scotland Yard believe? BRINER-MATTERN, AIRAGHI, BAK: TRUTHFUL, HONEST AND RELIABLE? Troons theories were based almost entirely on the testimony of a Mr Domenico Airaghi and a Ms Marianne Briner-Mattern, the two directors of BAK International, a Swiss-based company that had tendered to Dr Ouko when Minister for Industry to help re-start the Molasses Project in Kisumu. Crucially, Troon relied on their testimony because of his assessment that they were, truthful and honest witnesses under a reputable company. We now know, Troon knows, and the KHRC should know, that throughout the entire period he was dealing with the Kenyan Government and Scotland Yard, Dominico Airaghi was on bail having been convicted in March 1987 in the Civil and Criminal Court of Milan on charges of corruption and attempted extortion. The court found that Airaghi had presented false evidence and faked documents in an attempt to establish his defence. The judge remarked on the particularly despicable nature of the offence and described Airaghi as having displayed the attributes of an International Fortune Hunter. In April 1991, Airgahis conviction was upheld on appeal and he was sentenced to two years and six months in prison and fined 2,000,000 Lire. A Marianne Briner who described herself as a secretary of International Escort an

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employment agency gave evidence in his defence. The judge said of Marianne Briner, who lived with Airgahi, that it would better to draw a compassionate veil over her testimony and commented on her unreliability as a witness. BAK A FAKE The use of four different names for BAK and two addresses in three years, and Dalmas Otienos evidence that BAK was ultimately excluded from the Molasses Project because it was incompetent and in breach of contract, should have alerted Troon that it may not have been a reputable company. Theres more. Only one of these four BAK entities was formally incorporated as a company (so Airaghi and Briner-Mattern werent directors of anything). BAK Group Marianne and Partner was registered for the first time as a joint partnership on 13 February, 1990, the day that Dr Robert Ouko was murdered. Thereafter, Briner Mattern and Airaghis claim for compensation from the Kenyan Government rose from $150,000 to $5,975,000. Troon should have known these facts in 1990 but he had made no inquiries into the backgrounds of Airaghi and Briner-Mattern, nor of the company that they claimed to represent. He appears not to have made a single enquiry of the Italian Embassy. He did not even interview Airaghi whose evidence conflicted with Briner-Matterns, leaving that task to a subordinate and did not read Airaghis diaries because, a lot of his entries are in Italian which I cant understand. That Airaghi and Briner-Matterns testimony didnt match up Troon seems not to have noticed, he certainly never seems to have sought to find out why. At no point did Troon seem to challenge their testimony, or ask why it was that they, on there testimony, were both prepared to offer bribes. EXIT TROON Troon gave evidence to the Gicheru Commission Inquiry into Dr Oukos murder in November 1991 during which he admitted that Briner-Matterns and Airaghis testimony were virtually the sole basis for his theories and that in its absence he had no case. He had to admit too that Dr Oukos brother Barrack Mbajah had lied to him. Troon left the Inquiry during cross-examination saying he had to attend urgent family business. He did not return. Troons three theories and the basis for them have been utterly discredited by incontrovertible facts. He undoubtedly faced a difficult investigation made more difficult by obstructionism but for over twenty-one years Kenyans have been left chasing shadows and Dr Oukos killers allowed to go free, largely because of Troons fatally flawed investigation and report. All of the facts relating to the murder of Dr Ouko referred to in this posting have been known, and have been in the public domain, since at least 2004. Most have been known since 1991.

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John Troon has questions to answer arising from those facts. The KHRC too has questions to answer as to why they included Troons Final Report in Lest We Forget without qualifying its findings in the light of that knowledge. NEXT POSTING (Mon 12th at 12 Noon Nairobi time) KHRC Report (Part 5): Kiliku and Akiwumi Enter two men bearing false witness

THE KENYAN HUMAN RIGHTS COMMISSION REPORT (PART 3) - LEST WE FORGET: PAST INQUIRIES AND IMPUNITY
One of the concerns the Forum has about the KHRCs report, Lest We Forget: The Faces of Impunity in Kenya, is that some of the reports and investigations, and the people behind them, on which Lest We Forget is based, were conducted with varying degrees of impunity. Today the Forum looks at Gor Sunguhs infamous committee hearings into the murder of Dr Robert Ouko. Postings over the next few days will also consider the Scotland Yard detective Troons investigations, and the Kiliku and Akiwumi inquiries into tribal violence. THE GOR SUNGUH COMMITTEE AND THE MURDER OF DR ROBERT OUKO Regular readers of the Forum will know from our posting on July 17, Gor Sunguh owes far more than Sh3 million and an apology to Oraro over Ouko Inquiry, of our concerns at the manner in which the Parliamentary Committee Investigating the Murder of Dr Robert Ouko was handled and in particular of the actions of its chairman Gor Sunguh. Then the MP for Kisumu East (and married to Raila Odingas niece), Sunguh was put in charge of the Parliamentary Select Committee in April 2003 with a mandate to investigate the murder of Dr Ouko. It was an opportunity to get to the truth of the matter. Unfortunately it degenerated into a show trial and a farce. From the time that the motion to create the Select Committee was moved in Parliament the line Sunguh would take was not in doubt. In his speech proposing the motion Sunguh stated that Dr Ouko had been treated like a dog on his return from Washington, sent packing to his home, and that his bodyguards were dismissed. Besides the fact that this statement came from the chairman of a Select Committee that had yet to hear any testimony but had already made up his mind (or had it made up for him) it was also demonstrably untrue. Throughout, Sunguh refused to accept, or ignored all evidence and testimony that did not point to the conclusions he wanted. Witnesses giving evidence that was in direct contradiction to known and verifiable facts found their testimony accepted and unchallenged. Anyone who denied the Sunguh line or professed their innocence were condemned and regarded as guilty or unreliable for disagreeing with him.

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Some members of the Committee couldnt stomach it. Six members Paul Muite, Mirugi Kariuki, Dr Abdulahi Ali, Njoki S. Ndungu and Otieno Kajwang resigned during its hearings. Four others left to take up other appointments. New members were appointed to the Committee. At the end there were 10 members, of which four did not sign Sunguhs report. Parliament in 2005 refused to even consider Sunguhs report. It was suddenly and curiously tabled again on December 8, 2010, (about which there will be more in a later posting) but was rejected for being shoddy and for having been used to settle political scores. Parliament was right. THE KHRC AND SUNGUHS REPORT Sunguhs report is one of the sources of the KHRCs report Lest We Forget: The Faces of Impunity in Kenya. Out were trotted the same old stories: Dr Ouko did not return with the delegation from the Washington trip; there was apparent rivalry with Biwott; Ouko was sacked, his security withdrawn; Dr Ouko encountered mysterious problems with his phones and electricity supply at his Koru farm; and finally, Dr Ouko was killed at State House, Nakuru. Leading members of the KHRC should have known, perhaps they do and dont care, that the evidence, publicly available for years, destroys such theories. DR OUKO DID NOT MEET WITH PRESIDENT BUSH Snr Dr Ouko did not meet with President Bush Sr during the Washington trip: Bushs library said the did not meet, Bushs lawyer said they did not meet, the Kenyan Ambassador in Washington said they did not meet, and no one who was part of the 83 man Kenyan delegation knew of any such meeting. Who said Dr Ouko and President Bush Sr did meet? Well, Barrack Mbajah, Dr Oukos brother said so although he had not been on Washington trip but he said he heard it from Malaki Oddenyo, then Director of Information at the Ministry of Foreign affairs, who also had not been with the delegation that went to Washington and anyway denied having said any such thing. And Dr Ouko did fly back with the rest of the delegation from the Washington trip and landed with them in Nairobi. There are so many witness testimonies and press photographs to support the fact that it seems incredible this story has been allowed to run for so long. THE BIWOTT RIVALRY The allegations of rivalry and a row with Nicholas Biwott prior to and during the trip to Washington came almost entirely from a Ms Marianne Briner-Mattern (more about here in the Forums next posting) and again from Dr Oukos brother Barrack Mbajah (although he only warmed to the theme one-and-a-half years after the murder). Biwott and Ouko shared cars and hotels together on the Washington trip and sat next to each other on the flights. Oukos diary suggested a good relation between the two men. No one on

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the Washington trip knew of any row. The supposed cause for a row (a meeting between Bush and Ouko) did not take place. The supposed rivalry between Biwott and Ouko over the Kisumu Molasses plant was also proven to be untrue. The two Italian companies short-listed to help with the revival of the plant were both introduced by Briner-Matterns partner, Domenico Airaghi, and were both part of the same multinational company. Biwott was not involved with either company. Dr Oukos sister, Dorothy Randiak, admitted this fact under cross-examination during the Gichuru hearings. Briner-Mattern was later proven to be running a sham company with an accomplice (Airaghi) who was a convicted fraudster. She gave testimony but provided no reliable evidence, and never faced rigorous cross-examination (indeed, she refused to face cross-examination). And Briner-Mattern was Sunguhs star witness who met with him privately before giving testimony. Barrack Mbajahs testimony was based on hearsay (he produced no evidence) and even the British detective John Troon was forced to admit when being questioned at the Gicheru Commission inquiry that he had been untruthful (about the long-running dispute with his brother Robert). DR OUKO NOT SACKED Nor was Dr Ouko sacked on his return from Washington, his passport taken from him, or his bodyguard and driver removed from his service. There are so many documented incidences of Dr Ouko continuing his role as Minister of Foreign Affairs after his return to Nairobi from Washington that it again it is incredible that this story too keeps running. Dr Ouko met with Moi, he met with the Canadian High Commissioner and the Japanese Ambassador, he met with his Permanent Secretary Bethuel Kiplagat, he called off a press conference, attended a civic function in Kisumu and directed his staff in preparation for a trip to The Gambia. No one questioned at the time by Scotland Yard detectives, not Dr Oukos wife, his sister, his mistress, his doctor, a family friend, his staff at the Ministry or at his country home, mentioned any knowledge of his sacking. Who did then? Well, Dr Oukos brother Barrack Mbajah in a statement written after he had run off to the USA over one-and-a-half years (23 September, 1991) after Dr Oukos murder. Oddly, Barrack did not mention his brother being sacked in the 30 page statement he made to Troon on 31 March, 1990. Thats not all. Mrs Christabel Ouko handed her husbands passport to the British detective John and signed a statement to that effect so it had not been taken away from Dr Ouko. The Ministers bodyguard continued to attend to him, traveling with him to his farm at Koru, returning to collect Mrs Ouko and receiving calls from him arranging his departure for The Gambia. MYSTERIOUS ELECTRICTY AND PHONE PROBLEMS?

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That Dr Oukos Koru farm was affected by power cuts on the night before he died is not in question. Quite how they can be claimed as evidence of wrong-doing in a country that to this day is beset by power cuts is a mystery. And that Dr Ouko had problems with the telephone lines at Koru is also likely but he was not cut off as claimed. Numerous testimonies relate that on the day and evening before Dr Ouko was murdered he made and received several phone calls: to his Loresho home, his sister Dorothy, his personal assistant Susan Anguka, and his bodyguard Gordon Ondu, and from Eric Onyango and Oukos uncle George Olilo. DR OUKO KILLED IN STATE HOUSE? Finally, the allegation made that Dr Ouko was killed in, or at, State House, Nakuru, not an allegation made at the time of the first investigations into the murder it should be noted, was central to the Sunguh report. When the Sunguh report was tabled in Parliament in December 2010 the Killed in State House angle was again extensively reported in the press and on the Internet. It is a great conspiracy story involving the highest (at the time) in the land but it simply is not true and it can be easily proved that it is not true. In a case bare of hard facts, two facts stand out that are critical in understanding what is known about the murder of Dr Ouko. First, the forensic evidence produced by Scotland Yard proved that Dr Ouko had been shot where his body was found, or a few feet from the spot. Second, eye witness testimony from Oukos maid and the herdsboy who found his burning body on the February 13, 1990, together with Scotland Yards forensic evidence, proves that Dr Ouko was killed some time in the early morning between 3am (at the very earliest) and daylight. These two key facts have never been denied but they have been ignored, by Sunguh, the Kenyan media and now it seems, by the KHRC. Dr Ouko was not shot at State House. His body had not been moved more than a few feet after he was shot, and anyway there would not have been time to have taken him to Nakuru to be killed and then return his body to Koru. Dr Robert Ouko was murdered at the foot of Got Alila hill near his Koru home, not at State House. GOR SUNGUH INCLUSION UNDERMINES KHRC REPORT All of the evidence summarised here has been available to those that want to see it for many years and is in the public domain.

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The multiple failings and outright skullduggery of the Sunguh Committee have been known for many years and yet still the KHRC recycles the same old stories. If they dont know the truth they should do, if they do know the truth they should be ashamed for ignoring it. The inclusion of the Gor Sunguh report as a basis for the publication Lest We Forget undermines the credibility of the latter to such an extent that the KHRC should consider issuing a retraction. The Forum absolutely agrees with the KHRC that Dr Oukos murderer or murderers (at least one of the most likely suspects is still alive) should be pursued and brought to justice but basing the hunt for them on Sunguhs report would be to compound farce with injustice. NEXT POSTING: TROON TOO HAS QUESTIONS TO ANSWER

THE KENYAN HUMAN RIGHTS COMMISSION REPORT (PART 2) METHODOLOGY, OMISSIONS, THE CONSTITUTION AND CIVIL SOCIETY
In an article published in The Star on Thursday 25, Yash Pal Ghai described what he termed the KHRCs interesting methodology in producing its report Lest We Forget: The Faces of Impunity in Kenya, namely by mining existing reports in which were already contained a considerable amount of evidence that had been marshaled against perpetrators by official processes, through commissions of inquiry or parliamentary committees, or other forms of investigation. In short, he was suggesting, theres already a lot of evidence out there, lets at last use it. In this line of argument Yash Pal Ghai and the KHRC make a very valid point. Much work has been done over the years in attempts to reveal those responsible for acts of murder, corruption and other wrong-doings in Kenya but little has happened as a result. So, the argument goes, dont reinvent the wheel, use the information the various inquiries and reports contain to go after the culprits and redress past wrongs. There are several problems however associated with this general approach and specifically with the approach taken by the KHRC. LEST WE FORGET: THE IMPUNITY OF PAST INQUIRIES First, as the Forum will investigate over the next few days, past inquiries and commissions have themselves not all been immune from accusations of acting with impunity. One cited by the KHRCs report, the Gor Sunguh Committee Report into the murder of Dr Robert Ouko, was perhaps one of the most disgraceful episodes in recent Kenya history that not only failed to find the truth but deliberately obscured it. To base justice in the Ouko case on the Gor Sunguh farce would result in a serious miscarriage.

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[Readers might like to read the Forum posting of July 17, Gor Sunguh owes more than Sh3 Million and an apology to Oraro over Ouko Inquiry, and also a posting found at www.tandrcforum.net/blog dated 22 July entitled Ouko killed in State House? Gor Sunguh should be questioned.] LEST WE FORGET: MISSING SOMETHING? Second, the KHRC are guilty of being somewhat selective not only in the choice of reports and inquiries on which they based Lest We Forget and those they did not, but also as to which sections they were prepared to publish of the reports and inquiries they did refer to. For example, the sections of the KHRCs report relating to the murder of Dr Robert Ouko were based on the Gor Sunguh Committee Report (heaven help us) and the British Scotland Yard detective Troons Final report. Why was the Kenyan Police Further Investigation Report omitted? Was it because the Kenyan Police came to conclusions that the KHRC did not like? What of the Gicheru Commission, why was it omitted? Was it because the testimony given at that inquiry proved that Troon had got it wrong? Of the reports that the KHRC did cite, for example the Ndungu Report into the Illegal and Irregular Allocation of Public Land, why were some individuals named in those reports not named in Lest We Forget? Yash Pal Ghai was confronted by this in the response to his article in The Star. One reader responded by quoting from the Ndungu Report: The Odinga familys acquisition in February 2002 of the Kisumu molasses plant and the 112 hectares of land it is standing on was illegal, and recommends further investigations. He/she then commented, Now that you used the Ndungu Land Report and the Maize Scandal report to incriminate many other people as the faces of impunity any reason why this big face of impunity called Raila Odinga & Family is missing? There were other postings along those lines. Well Professor Ghai, whats the answer? THE NEW KENYAN CONSTITUTION IS NOT SELECTIVE The third area of concern the Forum has over the KHRC report is that its authors, both in the report and in their comments conveyed in the press, seem also to be selective as to how and to whom they apply Kenyas new constitution. The new constitution guarantees the right to a fair trial and a fair hearing, it demands the respect of the rights and reputations of others, and provides for the right to correction. Under the constitution we can now expect to know who is accusing us, what evidence they claim, and have the opportunity to refute it. Above all, the new constitution states that an accused person is innocent until proven guilty. Being adversely named by unnamed accusers will no longer do. The KHRC fully supports the new constitution (quite rightly so) but they still want those alleged

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to have committed crimes to be held as guilty until they can prove their innocence, assuming they will ever be given a chance to do so. We may not like some people, we may be convinced that they are guilty, but they are not guilty until a court of law proves them to be so. We cannot selectively apply our new constitution. CIVIL SOCIETY: PRINCIPLED OR PARTISAN? The Forums final area of concern about the KHRCs report and some of those behind it is a worry that Kenyas civil society, which has a vital role to play in building a fair and just country, is in danger on occasions of being tainted by partisan political bias together with a desire for selective revenge, of calling for transparency and truth whilst often being less than transparent and truthful itself. The Forum will address these concerns in postings over the next few days. COMING UP TOMORROW: THE KENYAN HUMAN RIGHTS COMMISSION REPORT (PART 3) LEST WE FORGET: PAST INQUIRIES HAVE ALSO OPERATED WITH IMPUNITY THE SUNGUH FARCE

THE FORUM HASNT FORGOTTEN: THE KENYAN HUMAN RIGHTS COMMISSION REPORT (PART 1)
It was over a week ago that the Kenyan Human Rights Commission (KHRC) published a report entitled Lest We Forget: The Faces of Impunity in Kenya. It has been not been due to laxness on the part of The Forum that we have not raised the subject before but rather a keenness to think through the implications of the KHRCs report before commenting. There is much that is laudable in the spirit behind the report and in much of its content but there is also much to be concerned at, particularly in the context of post-new constitution Kenya. So over the next three or four days The Forum hopes to address some of the issues that arise from its publication. KENYAN HUMAN RIGHTS COMMISSION LEST WE FORGET: THE FACES OF IMPUNITY IN KENYA The KHRC, or rather the leading figures involved with it, know a thing or two about publicity so it was no surprise that the newspapers on Thursday, August 25, carried full reports supported by colour photographs of the launch of the NGOs publication Lest We Forget: The faces of Impunity in Kenya.

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10 ministers named on new impunity list ran the headline in The Star: Ministers named in list of shame was the headline on the back page of The Nation; and KHRC wants inquiry reports implemented the offering on page 4 of The Standard, with the sub-headline, Commission wants current and former Cabinet ministers, and MPs probed over alleged violation of human rights. Illustrating each report was a photograph of the press conference at which the report was launched, featuring some of the great and the good of civil society, or the usual faces, depending on your point of view. There was KHRC executive director Atsango Chesoni and vice chair Betty Murungi. There too was KHRC programmes officer Tom Kagwe, and, almost inevitably, former Constitution of Kenya Review Commission Chairman, Professor Yash Pal Ghai. For good measure Yash Pal Ghai authored a near full page article on the same subject and on the same day in The Star (of which more later). In it he described what he called the KHRCs interesting methodology in creating the report, namely by mining existing, official reports to pull together a considerable amount of evidence against the perpetrators of corruption, human rights violations and impunity. The previous reports that KHRCs Lest We Forget is based on include reports by The Kenya National Commission on Human Rights, the Akiwumi and Kiliku on post-election and tribal violence; Troons Final Report and the Gor Sunguh Committee report on the murder of Dr Robert Ouko; the Parliamentary Committee report on the murder of JM Kariuku; the Triton Audit Report on the oil scandal; the Kroll Report on the Anglo-Leasing scandal; and the Ndunguu Commission Report into the Illegal and Irregular Allocation of Public Land. 226 individuals are named in Lest We Forget, including 10 cabinet ministers, MPs, senior police officers, military officers, political activists and diplomats: some serving, some not, some living and some no longer, and all alleged to have been involved in wrong-doing by the KHRC. According to The Star the KHRCs programme officer Tom Kagwe and executive director Atsango Chesoni said (so apparently they both said it) that in keeping with the new constitution not anyone of the mentioned individuals is supposed to hold public office. The report recommended thorough investigations on the culpability of the alleged perpetrators and that In addition they should be subjected to the retributive and reparative measures that their violations or crimes demand. And, according to The Standard, the KHRC warned that it would sue the Government if it fails to make the reports public alleging that some of the reports are being withheld by the Executive or Parliament to protect vested interests. The publication of the KHRCs report Lest We Forget: The Faces of Impunity in Kenya is in many respects to be welcomed. Injustices need to be rectified, the guilty punished and Kenya set on a path that consigns such behaviour to the dustbin of our countrys history. If the Lest We Forget report helps in achieving this then all well and good but The Forum has many concerns about its content, omissions, methodology and the spirit and reasons that in part we fear lie behind it publication. It is these concerns that we will address over the next few days.

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THE STORY SO FAR: MATATUS, LYNCHING, THE KCC AND NCC


Theres just time to draw breath and for The Forum to reflect on past postings and their relevance to recent events. MATATU MANSLAUGHTER The Standard newspaper on August 31st reported on its front page under the headline On red carpet, leaders sing same old song to victims of our roads, the burial of 15 people killed in an appalling accident involving a matatu in which 23 people were killed and 34 seriously injured. The matatu driver had lost control of his vehicle and it plunged into a dry riverbed. He was found to have been speeding and was later it was discovered he had been drunk at the wheel. The Forum published two postings on the carnage caused by matatus and buses on our roads: Behind the wheel or behind bars (November 2010) and Bloody Buses (April 2011). Once again we call for, plead for indeed, action. LYNCHING AND MOB JUSTICE The Nation started September with a report on the many incidents of mobs killing suspected criminals. Under the headline More than 100 lynched in two months (September 1) the papers reporter Fred Mukinda raised concerns that mob violence was becoming commonplace in Kenya. Most of the victims were suspected of committing robbery, burglary or pickpocketing. Police, he reported, were being frustrated as no one was willing to make statements on the incidents so not one person has been convicted of these murders. As recently as August of this year The Forum considered this issue in a disturbing posting entitled Kenyas Strange Fruit and the impunity of the mob. Guilty or not, the victims of this mob justice have been murdered, not lynched. CORRUPTION AND KACCS DEMISE PLO Lumumba and his team at what was The Kenya Anti Corruption Commission have been sent packing. President Kibaki signed the Ethics and Anti-Corruption Commission Act setting up the EACC that will, eventually, take over the role of confronting corruption in our country. Lumumba was not best pleased at the manner of his departure but we did warn him in July in a posting entitled KACC: Corruption and Inaction Big Fish or Small Fish You Need to Act Now Mr Lumumba. NCC NAIROBIS CORRUPT COUNCIL? YOU NEED TO ACT NOW MR KISIA And finally, talking of corruption, this little piece of news was not in the newspapers (but it will not come as news to many of our Nairobi readers).

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A member of The Forum team was driving along Biashara St. in central Nairobi when he spotted his wife coming out of one of the shops. He pulled up, waved and shouted to her, so she crossed the road and jumped in the car (in which there was also a passenger). At that moment a man put his arm through the open window on the rivers side and grabbed the car keys. To cut a long story short, the NCC street attendant demanded an on the spot fine of Sh4,500 (a bribe of course) for double parking, or a trip to the NCC where there the fine would be at least Sh6,000. He got in the car, asked to be taken around the corner where he negotiated a bribe of Sh2,000 in front of the three witnesses. It was quite obvious from his manner that he negotiated this sort of deal every day. The Forum reported on the rampant corruption in the NCC in two postings in November 2010, Spooky but true (the ghost workers of NCC) and Nairobbing City Council. Mr Philip Kisia, NCCs Town Clerk, is a man that likes the limelight. He is often to be seen on our television screens proclaiming his latest actions. The Forum thinks he has a tough job to do and doesnt mind his grandstanding too much as long as he gets the job done. But surely Mr Kisia, isnt it time for a trip to the Biashara St area, with TV cameras in tow, to record the sacking of a corrupt NCC official? The Forum urges Mr Kisia to act now whilst remembering the fate of Mr Lumumba.

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