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The Kenya Forum

For Kenyans Everywhere
Part Two: April-Aug 2011
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Table of Contents Part Two

ANOTHER TYPING ERROR MR KENYATTA? SCHOOLS, THE BURNING QUESTION: WILL YOUNG KENYANS HAVE TO DIE FOR ACTION TO BE TAKEN? 1 SPEAKING IN THE VERNACULAR NO PLACE FOR MOTHER TONGUES IN THE MODERN WORLD? 3 THE NEW CONSTITUTION: EUPHORIA AND REALITY 4 THE AL-SHABAAB MENACE 6 KENYAN NATIONAL SCHOOLS UPGRADE GREAT IMPROVEMENT - BUT FREE PRIMARY EDUCATION MUST DO BETTER 7 Welcome to the Premier League! Who will survive the drop? 8 KENYA'S "STRANGE FRUIT" AND THE IMPUNITY OF THE MOB... 9 WILL A DEGREE FIX THE MESS IN OUR PRIMARY SCHOOLS?...OR SHOULD HEADS ENROLL? 11 We are all united by division!! 12 "KENYANS FOR KENYA" FOR NOW, BUT LONG TERM PROGRAMMES ARE THE SOLUTION TO FOOD SECURITY 13 A DEFAULTING US NOT GOOD FOR US - ECONOMIC ILLITERACY BY ANY (EAST AFRICAN) STANDARD 14 FANTASY FOOTBALL? KENYAS JOURNEY TO BRAZIL BEGINS 15 KACC: CORRUPTION AND INACTION BIG FISH OR SMALL FISH YOU NEED TO ACT NOW MR LUMUMBA 16 ASK A SILLY QUESTION 17 GOR SUNGUH OWES FAR MORE THAN SH3 MILLION AND AN APOLOGY TO ORARO OVER OUKO INQUIRY 18 THE CHURCH MISFIRES AGAIN 21 YOU MISSED THIS KIPLAGATS CITIZEN TV INTERVIEW 22 MINISTRY OF HIGHER EDUCATION TRUE TO FORM 23 HEALTH, SELF-ESTEEM, EDUCATION AND OPPORTUNITY SANITARY TOWELS ARE A SERIOUS ISSUE 25 CAN FIFA BE FIXED? 26 US AND UK TO BAN RAILA AND FIDEL CASTRO ODINGA? 27 RAPTURE AND VISION 2030: PROPHECIES OF DOOM AND DOOMED PROPHECIES 29 LIFE IS CHEAP BUT DEATH IS CHEAPER 30 OUR SURVEY SAID: BOARD TO REGULATE OPINION POLLS IS SINISTER MADNESS 31 FUELLING CONTROVERSY AND WHY THE PUMPS RAN DRY 32 THEIR EXCELLENCIES KARUA, WAMBUI AND RANNEBERGER? 34 THE SWORD OF JUSTICE IS MIGHTIER THAN THE POISONED PEN 35 WISHING YOU WERENT HERE 40 THE US VICE-PRESIDENT - ILL NEVER FORGET WHATSHISNAME 41 NEW CONSTITUTION THE POSITION MAY HAVE CHANGED 42 THE CONDOMS ARE COMING BUT JUSTICE COULD BE DELAYED 44 MARTHA KARUA FOR PRESIDENT - IS THAT SO FANCIFUL? 44 What Does Sepp Blatter and Politicians have in common? 46

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ANOTHER TYPING ERROR MR KENYATTA?

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ANOTHER TYPING ERROR MR KENYATTA?
It was in the last financial year 2008/09 that an extra $120 million was mysteriously or mistakenly added to a supplementary budget, something Finance Minister Uhuru Kenyatta blamed on a typing error. Well another day in The Treasury and another typing error. MPs have raised suspicions that there seems to be a mysterious 5 billion shillings allocation in the budget presented by Uhuru Kenyatta in early June. MPs were concerned that 2 billion shillings had been set aside for unspecified activities in the Finance ministry while a further Sh3 billion has been allocated to the National Security Intelligence Service although it had not been requested. The Treasury listed the Sh2 billion as budget reserves in spite of the existence of an additional Sh2 billion allocated for miscellaneous use. According to Mr. Uhurus spokesman, Munyori Buku, the funds are for contingency, disasters and emergency. There is no money that hangs in the Budget because it would not balance, even in a school budget. If such funds are not there, then you will have to re-allocate funds from other ministries when emergency strikes. This will take such a long time that it will not be an emergency. Initially The Treasury allegedly gave the NSIS a ceiling of Sh10.3 billion for its budget, however the spy agency was suddenly allocated a further Sh3 billion. The Defense committee chairman Aden Keynan however dismissed queries on the NSIS budget: There is nothing controversial in the allocation. We have seen their budget together with the Committee on National Security and we have seen no reason to be suspicious, he said. MPs in the parliamentary Budget committee are currently scrutinizing the financial allocations for 2011/12 made by the finance minister and have earmarked close to Sh12 billion from the current budget for re-allocation into areas previously ignored by the Treasury. Sectors set to benefit from the budget review include education with the hiring of 28,500 teachers (including the 18,500 teachers recruited last year on contract), the Albino community who will get Sh250 million and extra funds for cancer drugs and equipment, the Rural Electrification Authority and the Kenya Land Registry for computerisation, Sh3.5 billion to be channeled to the Equalization Fund, and The National Strategic Grain Reserves will benefit from an additional Sh4 billion to cushion against famine while Sh800 million will fund procurement of seeds for farmers. We can only hope that this time round there will be no more spelling or typing errors. The figures must up and the funds delivered to the shilling as allocated.

SCHOOLS, THE BURNING QUESTION: WILL YOUNG KENYANS HAVE TO

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SCHOOLS, THE BURNING QUESTION: WILL YOUNG KENYANS HAVE TO DIE FOR ACTION TO BE TAKEN?

DIE FOR ACTION TO BE TAKEN?

In response to the many tragedies that have hit secondary schools in the last decade, the Ministry of Education introduced a safety standards manual for schools outlining measures they should take in the event of an outbreak of fire. It required, among other things, for the space between beds to be at least 1.2 meters, corridors to be not less than two meters wide, and prohibited the sharing of beds to minimise overcrowding in dormitories. The school safety standards manual came as a breakthrough in attempting to curb the incendiary crisis. The daunting task however, still lies in its implementation. Take for example this series of events since the year began; In February suspected arsonists set ablaze a dormitory at Sameta Boys High school in Gucha. 21 March: a dormitory was torched at Magena Secondary School in Kenyenya. Nothing was salvaged from the dormitory housing 37 students in the incident that happened at 8.30pm. Luckily, nobody was injured since the students were attending night preps. It was the tenth dormitory to be burnt down at the school. 10 May: a fire burns down four dormitory cubicles at the Ndumberi Girls high school. The Star reported that it was the third fire to affect the school this year. 21 June: an inferno gutted a two-storey dormitory at Kereri Girls High School in Kisii town. The dormitory, which housed about 250 students, was severely damaged and more than 60 students lost their belongings. 22 June: 114 boys were left without a place to sleep when a fire broke out at Nakuru Boys High School destroying property worth Sh10 million including a dormitory, a dispensary and staff quarters. The causes of these fires have mostly been blamed on faulty electric circuits though suspicions of arson have also been cited. In most of the cases reported the fires started either when students were in their evening preps, or in the morning during assemblies. The targeted areas were mostly dormitories and as a result students ended up loosing all their belongings as well being left without a place to sleep. And so it goes on It seems apparent that most schools have not complied with the Ministry of Educations guidelines judging from the increased cases of school infernos this year. Kisii County leaders in particular have expressed concern over a spate of school fires in the area. Cabinet minister Chris Obure and ODM activist Gideon Moreka have also called for a probe into the mysterious fires. And the umbrella association of fire fighters has urged the government to introduce fire education in both the primary and secondary school curriculum, citing that lack of knowledge in handling fire disasters as a major problem.

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SCHOOLS, THE BURNING QUESTION: WILL YOUNG KENYANS HAVE TO DIE FOR ACTION TO BE TAKEN?

It is indeed alarming that no eyebrows have been raised yet, perhaps because this is Kenya and its become a tradition to act only when faced with a massive disaster. It might be good news when a dormitory burns down and students escape unhurt but not newsworthy enough to provoke a reaction from the stakeholders. Shall we have to wait until a school fire kills a number of students for action to be taken? It is sad that boarding schools, which have long been perceived as safe havens where parents leave their children to be molded into well educated and experienced citizens, away from any external distractions in society, are so often putting those young Kenyans lives in jeopardy.

SPEAKING IN THE VERNACULAR NO PLACE FOR MOTHER TONGUES IN THE MODERN WORLD?
It didnt receive much in the way of media coverage on page 40 of the Daily Nation under Provincial News and a small 12cm x two columns on an inside page of The Star so you may have missed it but parliament has passed a motion, introduced by the Maragwa MP Elias Mbai (8th June), which seeks to outlaw the use of ones mother tongue in public institutions. The motion makes it mandatory for all civil servants to only speak English or Swahili, (the two official languages in Kenya) in the office or while conducting official functions. The proposal aims at enhancing cohesion and creating a common bond among Kenyans but Ikolomani MP, Bonny Khalwale argued that it was in contravention of various sections of the new constitution which requires the state to promote the diversity of languages of the people. The motion however was well received by a goodly number of Kenyans according to news polls conducted by leading TV stations in the country. The majority of Kenyans feel that the move will promote harmony and peaceful co-existence among people of different ethnic groups, the poll findings suggested. I support the ban of vernacular languages in public offices, wrote Ken Kimathi who emailed his opinion to The Star. If this bill is signed into law, it will bring about harmonious coexistence between public officers and members of the public seeking help from the government institutions. A country like Tanzania is bound together by the Kiswahili language and hence her people are served with dignity, respect and fairness. We are not telling anyone to throw away their language. In your house, speak your mother tongue. When you get out, speak the two national languages, argued Assistant Minister Wavinya Ndeti. Kenya being a multi-ethnic state with about 42 tribes the Forum hopes that maintaining a common language in public offices will prove to be a step towards making every Kenyan feel accommodated, accorded respect and given due priority regardless of his/her tribe. We do wonder though how feasible it will be to punish someone for speaking in the vernacular in the

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workplace.

THE NEW CONSTITUTION: EUPHORIA AND REALITY

The anniversary of hope ran the front page headline of The Nation on Saturday, with a sub-headline, Greater personal freedoms, gender equality and a reformist Judiciary cap a momentous 12 months. Under a photograph of a cheering, flag-waving crowd The Nations caption ran, The optimism was high and the hope infectious on the day these Kenyans gathered to witness the dawn of a new order at Uhuru Park last year. Infectious hope there was indeed one year ago when Kenyas new constitution was promulgated and although, as The Nation described it in a double-page article by Peter Leftie, the journey since August 27, 2010 has been bumpy there have been landmark reforms. The Nation listed the landmark reforms and changes: Unprecedented public recruitment of top government officers, reduction of Presidential powers, enhanced rights of people in remand, more women in key positions and an assertive public. One year down the road, The Nation declared, Kenyans have witnessed sweeping changes in the judiciary and the executive, including the open, transparent and competitive recruitment of the Chief Justice, the deputy CJ and the judges of the Supreme, Appeal and High Courts and the new Director of Public Prosecutions. That was not all wrote Peter Leftie; Yesterday, Parliament held extra-ordinary sessions in the morning and afternoon in a rush to beat the one year deadline for the enactment of dozens of laws related to the constitution. The Nation listed 27 bills with a one-year deadline. On this latter point The Standard on Saturday was no less effusive. WHAT A DAY! screamed its front page headline. Four Bills passed 12 Bills in a week, five judges appointed, three nominees approved, five judges of the Supreme Court sworn in were just some of the accomplishments it trumpeted after MPs worked late into the night. So much for the euphoria, now surely however it is time to take the cold shower of reality. The new constitution does provide the basis for hope but without proper implementation supported by the right spirit across society (but particularly in government and state authorities) it is just a document full of words. A realisation of the new Constitutions limitations and weaknesses as a document is also required. The debate raging over what date the next election must be held on August or December 2012 or even April 2013, provides just one example of many of the weaknesses of wording found in the new Constitution. Other parts of the Constitution contain worthy sentiments and statements that are not being realised in practice. To take just one example, again from many, Article 51 entitled Rights of persons detained, held in custody or imprisoned, states under Section (2) that A person who

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is detained or held in custody is entitled to petition for an order of habeas corpus. Every week, however, people are still being arrested and thrown into a cell, often on spurious grounds (i.e. they wouldnt pay the necessary bribe) and held without charge, or given the opportunity to inform relatives, friends or a lawyer of their whereabouts or situation. The same is true, week in week out, in Nairobi City Councils cells. Two other examples of changes made to Kenyan life in the last 12 months would seem to suggest that the rights and freedoms supposedly enshrined within the new Constitution are being ignored, perhaps not understood, or quite possibly were never read properly in the first place. Article 31 entitled Privacy, states that Every person has the right to privacy, which includes the right not to have information relating to their family or private affairs (Section (c)) or, the privacy of their communications infringed. However, Kenyans now have to register their mobile phone numbers (hardly what youd call privacy) and all people leaving Jomo Kenyatta International Airport now have to submit to having their fingerprints taken even though they have not been charged of any offence under the laws of the Republic of Kenya. As for patting our legislators on the back for passing so many Bills and confirming so many appointments, remember it is an old maxim that hurried legislation invariably results in poor law. This constitution more than most requires well thought out, tightly and precisely worded legislation for its noble sentiments to be realised in fact THE NEW CONSTITUTION: A LESSON FROM HISTORY Seventy-five years ago a new constitution came into force in a country far from Kenya. Under Section X of that constitution, entitled Fundamental Rights and Duties of Citizens, the said citizens were granted rights that included Freedom of religious worship, Freedom of speech and Freedom of the press. They were guaranteed inviolability of the person, the inviolability of their homes, and assured that privacy of correspondence shall be protected by law. Equality of rights of citizens was also guaranteed irrespective of their nationality or race. These fine words setting out just some of the freedoms and rights guaranteed to citizens were set out in The Constitution (Fundamental Law) of the Union of Soviet Socialist Republics 1936. At that time the U.S.S.R.s leader was Josef Stalin. Under Stalins communist dictatorship, whilst the 1936 Constitution was supposedly in force, it is estimated that at least 20 million Soviet citizens were executed without due process, or deported to their deaths. Churches were burnt, priests arrested, the press strictly controlled, phones tapped, rooms bugged, Jews persecuted and other nationalities deported en masse to frozen wastelands where many died. The knock on the door in the middle of the night as the secret police took away their victims made a macabre nonsense of constitutional guarantees to the inviolability of person or property. The 1936 Soviet Constitution provides an admittedly extreme example of where a constitution

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can be just meaningless words on a piece of paper but for thinking Kenyans it should be a salutary warning nonetheless.

THE AL-SHABAAB MENACE

The group of Islamist militants fighting to overthrow the Western-backed government of Somalia has become a nuisance not just in Somalia but globally. For years Al-Shabaab has been terrorizing Somaliland and foreign humanitarian aid workers have not been spared either. The groups outrageous stunts are creepy if not downright silly. They have in the past banned watching football on TV, playing music on radio, outlawed women from wearing brassieres and demanded men to grow beards. A recent ban cautions Muslims against the consumption of samosas. As drought ravaged Somalia in 2010 and 2011, Al- Shabaab, alleging concealed motives on the part of foreign organizations, put a ban on foreign aid. The move might have been taken as a joke by many but the group has reportedly intimidated, kidnapped and killed aid workers and also African union peace keeping troops leading to a suspension of humanitarian operations. They have also blocked starving people from fleeing the country and as a result the poor Somali citizens in dire need of help have suffered the consequences. 6 August 2011 saw The United Nations envoy for Somalia welcome the news that the Al-Shabaab, which as of summer 2010 is believed to control most of the southern and central parts of Somalia, has decided to leave the capital, Mogadishu. The news came as a relief especially to the starving population. The majority of who were flocking into refugees camps in Kenya in desperate situations. There is no doubt that the departure of Al-Shabaab would be a positive development and a step in the right direction for a city that has seen so much misery and devastation, said Augustine Mahiga, the Secretary-Generals Special Representative for Somalia. Kenyans have not escaped Al-Shabaabs wrath. Kenya has constantly disturbed us and now it should face the consequences of allowing Ethiopian troops to attack us from Mandera town, Al-Shabaab spokesman Sheik Ali Mohmud Rage told a news conference. There has been constant tension in the country after the group issued threats of attacking the country, the most recent of which came in April as the Christian population was preparing for the Easter holiday dampening the spirit of the Easter weekend at least in some sections of Nairobi and Mombasa. A police spokesman Mr Iteere who had got wind of the information that Al-Shabaab was planning to strike asked Kenyans to be on the lookout and advised those responsible for security in shopping malls, hotels, and all other social places where the public is admitted, to be more vigilant. Al-Shabaab has also left some Muslims worried about the safety of their children as the group has been recruiting young boys. The Kenyan police have on numerous occasions intercepted groups of Kenyan youths on their way to Somalia as recruits for the Al-Qaeda-affiliated terror

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group. There are numerous stories of young Somalis arriving in Mogadishu on one-way tickets and carrying no luggage and sad tales of parents who only learn of their sons fate when they die on the battle fields. The group is said to lure the young men with promises of lump sum cash rewards while making them believe that they are joining a religious cause. The group has claimed responsibility for numerous bombings including suicide attacks in Mogadishu and in central and northern Somalia. It was not the strength of al Shabaab that kept them in Mogadishu for so long, it was the incompetence and weakness of the (Somali government), said Afyare Elmi, a professor at Qatar Universitys International Affairs department. Ugandan officials also pointed accusing fingers at Al-Shabaab blaming the group for the twin suicide bombings in Kampala, on 11 July 2010 that killed more than 70 people. Al-Shabaab describes itself as waging jihad against enemies of Islam but since its insurgency in early 2007 it seems to cause more harm than good to the same people whose interests it purports to safeguard.

KENYAN NATIONAL SCHOOLS UPGRADE GREAT IMPROVEMENT - BUT FREE PRIMARY EDUCATION MUST DO BETTER
The ministry of education proposal to upgrade selected schools countrywide to national status is indeed a milestone. Previously Kenya had only 18 national schools, something that put a strain on Form One admissions as parents scrambled to have their children admitted in the limited places available. Missing a chance to get admission in a national school has dashed hopes of many students who believe getting excellent grades to secure admission in government universities is guaranteed once in a national school. The programme seams to be in tune with the devolution of power affirmed in the new constitution, as the upgrade will see a national school at least based in each province or rather county. Despite the schools upgrade programme eliciting sharp reactions from various quarters, with the church seeking more consultations before the upgrade of its sponsored schools and others crying foul in the selection. So far, however, the pros seem to outweigh the cons. If the ministers words are anything to go by, the first phase will see 6000 new spaces created in these schools for Form One intake next year, bringing the total number of students who will enroll in these schools next year to 10,500 from the initial 4,500. The upgrade will raise the number of national schools to 114. When all the three phases are complete and operationalised in the next seven years, Education Permanent Secretary James

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KENYAN NATIONAL SCHOOLS UPGRADE GREAT IMPROVEMENT - BUT FREE PRIMARY EDUCATION MUST DO BETTER

Ole Kiyapi assures us, national schools will have about 80,000 students. Among the proposed schools for the upgrade are; Chogoria Girls, Meru School, Machakos Boys, Makueni Boys, Kathiani Girls, Muranga High, Bishop Gatimu Girls, Moi Girls Isinya, Maranda High School, Kisii High, Friends School Kamusinga, Mama Ngina Girls, Wajir Girls among others. The schools will receive sh 25 million each to build new classrooms, dormitories, equip laboratories and erect modern fences among other things. So thats all well and good but there is a word of warning. Today The Star reported that the Parliamentary Committee on Education has raised fears that the Free Primary Education (FPE) programme may collapse within two years if the government does not employ more teachers and increase funding to schools. Committee chairman David Keoch, reported The Star, said the government is sabotaging FPE by their failure to implement issues agreed by stakeholders in the education sector. We can only hope that the national schools project will be well rolled out and administered, to ensure that the tax payers money doesnt end up being embezzled akin to that of the Free Primary Education programme.

Welcome to the Premier League! Who will survive the drop?

Norwich City, Queens Park Rangers and Swansea City joined the English Premier League party this season. If the newly promoted teams expected a grace or honeymoon period the reality check stepped in as soon as the first game. QPR (one of the founders of the Premier League Clubs) and Swansea received a rough welcome to the top flight, both beaten by a thumping of 4 goals to none by Bolton and Manchester City respectively. Norwich City seemed as bit more aware of what to expect and what they needed to do if they are going to survive, fighting hard to share the spoils with Wigan

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Welcome to the Premier League! Who will survive the drop?

in their first match. Maybe it was just first game nerves and the newcomers were not settled with the reality of life in the Premiership. We shall know better with time but with Manchester United beating Tottenham 3-0 last night to top the league and some of the usual names in the ranks just below, its not to soon to ask who will survive the drop at the end of the season. Will it be QPR, Swansea, Norwich City, or all of them? All we can say is good luck visitors and enjoy the top flight while you can!

KENYA'S "STRANGE FRUIT" AND THE IMPUNITY OF THE MOB...

Lynching: Outlawed in the USA but still common in Kenya

Abel Meeropol (aka Lewis Allan) wrote the poem Strange Fruit* in 1937, and Billie Holiday turned the poem into a song which first charted in 1939. The inspiration for the poem came from a photograph (rt) taken by Lawrence Beitler of the lynching of two black African Americans, hanging dead from the branch of a tree, in Marion, Indiana in Aug.1930. This was to be the last confirmed lynching in the northern US states, although lynching continued in the southern states until 1968 (with a notable one-off incident in 1981) An estimated 3500 Black African Americans were murdered at the hands of lynch mobs between 1882 and 1968.

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KENYA'S "STRANGE FRUIT" AND THE IMPUNITY OF THE MOB...

So enough of the USAs bleak social history, and on to current day Kenya. We first mentioned Kenyas lynchings back in January (Justice and the price paid) as did Paul Muite in the Nation, and our favorite Fr. Gabriel Dolan passed his opinion just over a month ago. Just the most casual look through the weekend papers or the local TV networks shows that the extent of lynching is far worse today in Kenya than it ever was was in the USA. The real numbers of lynchings in Kenya are not known but for sure they are far, far higher than the historic rate of 40/yr in the USA, and they are still going on. This Forum suspects that the vast majority of lynchings go unreported. Those which are reported are usually confined to a few column inches or less, the occasional one which does get more coverage is usually focused on the background story as opposed to the strange fruit victim(s). It seems to us that the apparent media disinterest almost implies a tacit acceptance of the practice. The same may be true of the the Kenyan Police, as Fr. Dolan says I have not heard of a single case of wananchi being charged with beating, necklacing or hacking to death a suspect. An even more worrying case recently reported in the Nation tells the story of the lynching and burning of two suspects by Nairobi University students, Kenyas so-called elite intellects. The students who had formed a vigilante group vowed they would lynch more suspects When a countrys intelligentsia, the future leaders of society and captains of industry, take the law into their own hands you know that something has gone seriously wrong. The sheer impunity of the mobs who mete out these violent deaths on a daily basis would beggar belief in the vast majority of the worlds civilized societies, but in Kenya it continues. Why? -- because it can. Whilst the net result of these barbarous actions is reciprocated by total inaction on behalf of the police, people will continue to mob, lynch and murder whoever they please. As Paul Muite put it One of the defining characteristics of a functioning democratic State is the capacity of that State to guarantee her citizens security within the framework of functioning institutions, police, investigative and prosecutorial agencies and, of course, the Judiciary. The inescapable conclusion to this is that Kenya is not a functioning democratic State.since it clearly does not meet these subsequent conditions. The KenyaForum asks How do we remove the impunity from the mob? and What can be done to guarantee Kenyan citizens security? *Strange Fruit The Poem:

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KENYA'S "STRANGE FRUIT" AND THE IMPUNITY OF THE MOB...

Southern trees bear a strange fruit, Blood on the leaves and blood at the root, Black body swinging in the Southern breeze, Strange fruit hanging from the poplar trees. Pastoral scene of the gallant South, The bulging eyes and the twisted mouth, Scent of magnolia sweet and fresh, And the sudden smell of burning flesh! Here is a fruit for the crows to pluck, For the rain to gather, for the wind to suck, For the sun to rot, for a tree to drop, Here is a strange and bitter crop. and Strange Fruit the song (Billie Holiday):

WILL A DEGREE FIX THE MESS IN OUR PRIMARY SCHOOLS?...OR SHOULD HEADS ENROLL?
The Teachers Service commission (TSC) announcement that it will soon only employ primary school head teachers who have a Bachelors Degree in Education has seen a good number of primary school teachers enroll in Universities in a bid to upgrade their skills and qualify for promotion. The TSC chief executive Gabriel Lengoboin advised teachers seeking promotions to head primary schools to improve their academic status first for future consideration However, many teachers have come out strongly to opposed the new directive and allege that the move will likely shut out those without degrees from promotion. The Kenya National Union of Teachers Isiolo branch executive secretary Dadhe Boru, Said it is difficult to implement the policy in pastoralists areas where poverty is high adding that teachers in such areas have no money to further their education. There are well over 20,000 Heads serving in public primary schools in the country and most of them are P1 holders. This move comes as the public education sector continues to sink in the murk of poor performances, more pupils plus staff shortages, as well as lack of proper facilities just to mention a few. Well if you ask me, a degree might attract more income and a status for the teachers in this case, but it might not necessarily be the solution to curb all these challenges facing the public education sector. Much worse, as reported by the Standard on Wednesday, 20th July, is the recent report by the Uwezo Initiative, an NGO which indicated that seven out of every 10 lower primary school children lack competency to move to the next class.

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WILL A DEGREE FIX THE MESS IN OUR PRIMARY SCHOOLS?...OR SHOULD HEADS ENROLL?

Children in Kenya are graduating from primary schools without necessary reading and counting skills. Half of the children in class four cannot do class two work and one out of 10 children in Class Eight today cannot do Class Two level division. According to the organizations Regional Manager Sara Ruto, teacher and pupil absenteeism contributed significantly to the deteriorating performance. As the top manager of a school, the head teacher has the duty to make critical decisions governing the school management and its only logical to require that such a candidate be well grounded in management matters in order to run the schools appropriately, but I dont think a degree only is enough to guarantee performance or a tool to curb these challenges and should not be used to deny deserving experienced teachers Promotion The move announced early last week however, of training teachers in education management is more viable; finally the ministry is waking up! About 26,000 teachers country wide will benefit from a 10 million shillings training programme in education management. The Kenya Education Staff Institute Director Wanjiru Kariuki, said heads will be encouraged to enroll for the Diploma programme which will impact on financial management, procurement and strategic planning among others. The course will hopefully be rolled out from the August holidays and is expected to take 11 months. Speaking during the Kenya Primary School Heads Association in Mombasa, Education PS James ole Kiyiapi said the ministry is consulting with other players to ensure the training starts soon. As the PS was quoted, This is part of reforms in the Ministry of Education aimed at improving the running of schools. The big question is, WHAT TOOK YOU SO LONG?

We are all united by division!!

There is one thing that doesnt know race, tribe, nationality, status or gender. Its a wonder as it unites all through division. We are back again at it after a two months break. It is the beautiful game of football. The European leagues are back with us again with the most popular one being the English Premier League, the reason being that its very competitive and unpredictable. Its the kind of league where the top six club are in position to win it even when its only 10 games to go. Meanwhile the bottom six teams fight the relegation battle to the very last game as witnessed last season which saw Blackpool, Birmingham relegated on the last day and West Ham United relegated with one game to go. The more the years pass by the more competitive it gets as emerging clubs get stronger and stronger, threatening dominant clubs like Manchester United, Arsenal, Chelsea and Liverpool. Back here in Kenya, one of our biggest challenges is curbing the issue of tribalism . Were still

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fighting the vice which is mostly sparked by politics. Amazingly, football has a way of bringing people from all sorts of backgrounds together to play, watch and enjoy the game, and to break down barriers created by ignorance or prejudice. We tend to forget about our tribal lines in support for our favorite clubs. Its a good social tool as we meet new people in social places like pubs. We discuss about how a particular match was, and the latest transfer gossip and how the club is fairing financially (you would think weve got shares in those clubs). Its now time to sit back and enjoy another long and exciting 2011 2012 season. Will Arsenal finally win a major trophy (besides their own Emirates Cup) after a six year trophy drought? Will Chelsea break Uniteds wining sequence under their new coach? Orwill Liverpool reclaim their position by knocking Manchester United off the perch? Will Manchester City win more trophies or even surprise everyone by winning the league? Game on!!

"KENYANS FOR KENYA" FOR NOW, BUT LONG TERM PROGRAMMES ARE THE SOLUTION TO FOOD SECURITY
Just a day after the launch of the initiative dubbed KENYANS for KENYA, whose aim is to brings together key players in corporate Kenya and media in massive effort to raise Sh500 million, in four weeks, towards famine relief for over 3 million Kenyans facing starvation, the government spokesman Dr Alfred Mutua in his weekly press briefing at KICC was quoted as saying; So far the government does not have any official reports of a Kenyan that has died as a result of the hunger, if you have a confirmed death of a person who has died as a result of starvation not just old age or other diseases, let us know. These words were not received so well by angry Kenyans, who deemed them as insensitive and stupid. Despite the bashing he got from Kenyans across the country who seam to understand the gravity of the situation perhaps better, Dr Mutua seems unwilling to take back a single word but rather insists that he was misquoted by the media. You dont need to witness the situation first hand; the gruesome images of malnourished adults and children; the withered flesh and visible born structures, summed up by the horrific tales captured on our TV stations, is enough to tell it all. What is heartening however is that Kenyans are not insensitive to the plight afflicting their compatriots and have come out in solidarity to help alleviate the crisis. The response to the Kenyans for Kenya campaign, spearheaded by SAFARICOM AND KCB FOUNDATIONS, has been overwhelming. Contributions stood at Sh5.5 million by close of the day when it was launched, rising to Sh19 million, through M-Pesa contributions alone on the second day. Money raised through the campaign is expected to be used to finance a spate of short and

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"KENYANS FOR KENYA" FOR NOW, BUT LONG TERM PROGRAMMES ARE THE SOLUTION TO FOOD SECURITY

medium term interventions meant to alleviate the suffering of the most vulnerable groups and eventually fortify food security in the long term. Short-term interventions include buying Unimix, a nutritious pre-cooked meal for school feeding programs, health centers and other locations which will target the vulnerable like the aged and mothers. The money will also be used to buy and transport water from existing water sources. A ton of Unimix costs Ksh 105,000 and can feed 100 children for 4 to 5 months, whereas trucking of 15,000 litres of water within a distance of 100 kilometers will cost Sh25, 000. Medium-term interventions include ensuring access by over 250,000 persons, to safe and clean drinking water through rehabilitation or sinking of boreholes and construction of green-houses in schools and areas where there is access to water via drip irrigation. What is rather appalling about the food calamity facing a section of Kenyans is that farmers on the banks of rivers Turkwel and Kerio are smiling all the way to their farms claiming to have harvested 930,000 kilogrammes of grain. These farmers would have been part of the statistics of the other 400,000 families facing starvation in Turkana, the same region for that matter, were it not for an investment in an irrigation scheme facilitated by the Turkana rehabilitation programme. This is not happening miles away in the highlands of Mount Kenya, but in the same arid land of Turkana, where other residents are dying of hunger. A perfect example, that food insecurity in northern Kenya can be controlled. This scenario clearly portrays the governments failure and lack of political will to enhance agriculture on arid and semi-arid areas in order to provide long-term solutions to curb the food crisis in the arid northern Kenya. The aftermath has been constant outcry over the same problem, year in, year out. Residents, who sometimes wonder if at all they are still Kenyans, have had to rely on inconsistent relief food for survival for the last five decades. Its a shame for a country boasting 48 years of independence, and wealthy enough for her tax exempted MPs to earn a whopping kes800,000, to be incapable of feeding its own.

A DEFAULTING US NOT GOOD FOR US - ECONOMIC ILLITERACY BY ANY (EAST AFRICAN) STANDARD
Mr Charles Onyango-Obbo is the Nation Media Group Executive Editor for African and Digital Media no less. It must have taken some years to have reached such an exalted position and such a title. In The East African Standard last published last weekend (1-7 August edition) Mr Onyango-Obbo held forth on the American debt crisis. I think the US badly needs to default, he wrote. Other Western countries that had not tried to be global powers or great nations (of late, at least) had spent the money saved on more sensible things, he argued, such as building healthcare systems the US cannot even dream of. Default might just allow the US to look inward, which it needs to do, he continued.

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If America goes broke then they wont be able to prop up Israel and the Egyptian military he argued, and the Middle East process might proceed faster. Warming to his theme he stated, My sense is that the global financial crisis, which shrank Western aid to Africa in the past two years, partly explains the good performance of many African countries today. Mr Onyango-Obbos conclusion was thus: Both the US and Africa, then, need America to default on its debt. Well aside from the fact that the US actually spends more per head on healthcare than just about any nation on earth, and the passing thought that an inward looking US hasnt always been seen as a good idea, think isolationism and the Second World War etc, Mr Onyango-Obbos arguments and conclusion could be challenged on other grounds. A defaulting broke US would be a disaster for Kenya (and just about every other country in the world too). Kenya holds US dollar assets as part of our foreign reserves and investments. Should the US default the payment of dollar-denominated debts would be affected. A reduction in demand in the US economy, which would surely follow from default, would hit jobs and reduce remittances from the Kenyan diaspora. A devalued dollar, again as a consequence of default, would hit export markets worldwide, including Kenyas. And a downgraded US credit rating would see interest rates surging globally and increase Kenyas borrowing costs. There are one or two other little points worth considering. Over half the diaspora remittances to Kenya last year, some Sh367 billion, came from the US, 117,000 US tourists made the trip to our fair land, direct foreign investment from the US grew by 16 per cent to Sh19.5million in 2008, and Kenya exports Sh22 billion of goods and services to the US every year. In short: US default equals worldwide recession and Kenya in deep economic trouble. As we all now know, the US didnt default on its debt last Tuesday. It might be argued that raising the US debt limit, i.e., borrowing more, and cutting state spending, i.e., further reducing demand, isnt the best solution, but Mr Charles Onyango-Obbo and others who blithely argue that a broke US might be good for us should realise that the economic earthquake that would be a defaulting US could unleash a worldwide economic tsunami that would swamp us all.

FANTASY FOOTBALL? KENYAS JOURNEY TO BRAZIL BEGINS

Could it be? Is Kenya finally going to beat the odds and make it to the World Cup finals in Brazil in 2014? It is sad that a football loving country like Kenya has never made it to the World Cup finals, the closest weve ever got to was the third round of qualification. Kenya is ranked 130th out of 208 national associations recognized by FIFA, just above Singapore and one below the Congo. So lowly are we ranked that Kenya will be forced to

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launch its campaigned with a home and away playoff match with the Seychelles (we are considered the favorites, the Seychelles havent played in over two decades). Should Kenya overcome Seychelles weve face a tough Group F consisting of our stumbling block Nigeria, the unpredictable Malawi and the winner between Djibouti and Namibia. Group winners will then proceed to the third and final qualification round of two-legged ties, the winners of the five groups qualifying for the 2014 World Cup in Brazil. It will be a long and rough journey to the World Cup and it wont help matters if we act all sulky and blame the management for a series of poor performances of our national team. We should continue giving our support to Harambee Stars (and hope that the management will get their act together). One day (who knows, maybe in Brazil?) we shall be in the World Cup. In the meantime we do well to learn from other successful teams on the continent like Ghana, Egypt and Ivory Coast.

KACC: CORRUPTION AND INACTION BIG FISH OR SMALL FISH YOU NEED TO ACT NOW MR LUMUMBA
According to advertisements that appeared in the press at the end of last week you are cordially invited to apply for amnesty by the Kenya Anti-Corruption Commission (KACC) if you make a full and true disclosure [within 60 days] of all material facts relating to past corruption and economic crime including all property irregularly or illegally acquired. All youve got to do then is pay back the money and add an interest rate of 12% per annum from the date the money or property was improperly obtained. Just us a minute, just seen a pig fly passed the window It was The Standards Palaver column on Thursday 21 July that got it about right: Even as every four-year old knows, no Kenyan is going to queue outside PLO Lumumbas office to return tainted cash, land title deeds, log books, or real estate. The Stars editorial on the following day also took issue with KACCs amnesty idea. Under the headline Lumumba, prosecute the big fish first, The Star declared that the decision dims any hopes that Kenyans may have that the big fish who have for decades plundered the national coffers will finally be made to answer for their crimes. The Star continued: We have not seen any prosecution of the many big fish responsible for the grabbing of public land, theft of public funds and outright abuse of office. Well The Forum pretty much agrees with The Star: catch the big fish, gut them and grill them we say. But, and there is a but, will dealing with the big fish end the daily encounters with corruption suffered by the mass of our fellow Kenyans? The Forum would make these, hopefully thought-provoking points: isnt it the bribe of Sh2,000

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KACC: CORRUPTION AND INACTION BIG FISH OR SMALL FISH YOU NEED TO ACT NOW MR LUMUMBA

to pass a driving test that blights the daily life of a Kenyan? What about the fee that is sought at every police bribery point, sorry, check point? How about the un-receipted fee paid to Nairobi City Council officials to get a friend or loved-one out of a cell? What about the Sh50,000 paid to get selected in to the police force? Or what about the extra fees needed to get a passport, goods through Mombasa port, land registry documents, etc, etc, etc? On these, and many, many other examples of day-to-day graft that blight the lives of wananchi, PLO Lumumba also stands accused of inaction. He needs to act effectively and soon for some degree of confidence in him to be restored. Back to The Star. Some months ago the newspaper appointed a distinguished American editor Karen Rothmeyer as its Public Editor to adjudicate independently on any issues that readers want to raise over the editorial style or content of the Star. Apparently Ms Rothmeyer will write a regular column for the Star where she will respond to the issues raised after investigating herself and speaking to the individuals concerned. Well Ms Rothmeyer and dear readers, The Star is part-owned by the Radio Africa Group that also owns the radio stations Kiss FM and Classic FM. It is reported widely in the advertising agency world that Kenyas radio stations are daily involved with receiving payola and the payment of kickbacks to agencies to put advertising and paid-for promotions their way. Any reader with information on this point is invited to write to Karen Rothmeyer at publiceditor@the-star.co.ke. The Forum looks forward to Ms Rothmeyers article on the subject and we will report what she says. Remember Ms Rothmeyer, Smart People Read The Star and they will want answers.

ASK A SILLY QUESTION

So often when reading our newspapers in Kenya one is left wondering Why?, How come? or Ill believe that when I see it! On June 13 the Business Pictorial of The Daily Nation carried a photograph of Kenya Airports Authority (KAA) chairman Martin Wambora receiving an award on Jomo Kenyatta International Airport (JKIA) being voted Best Airport in Africa. Now go back to Monday of this week and JKIA was yet again shut down because of a power outage. This time the disruption could last days according to news reports and planes full of passengers are stranded around the airports of East Africa. For those familiar with flying into KJIA this scenario too will be familiar. Dont get us wrong, Entebbe is a nice place to visit but not to just sit on its runway when you wanted to be back in Nairobi. Still, KAA won that award. Kenya Airways is the countrys flagship air carrier. It too keeps winning awards. How often have

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you flown KQ to be told that the in-flight entertainment system isnt working? On Thursday The Daily Nation carried a picture of a flaming pile of ivory with President Kibaki holding the torch that had set off the conflagration. The ivory, 4.9 tonnes of it, had been confiscated from poachers. Well the poachers need to be caught and taught a lesson says The Forum but why burn the elephant tusks? 4.9 tonnes of ivory must be worth a fair few shillings that could have been used for better purposes. Why burn it? In the Ill believe that when I see it category, The Standard reported on its front page on Monday that Presidential, Senatorial and Parliamentary aspirants will have to get a certificate of compliance from the Integrity Centre in future to be able to stand for election and that the life-style and conspicuous consumption of corrupt public and elected officials will not be exempt from the prying eyes of anti-graft police. All well and good says The Forum but try this for a thought. In 1952 Jomo Kenyatta was arrested by the British colonial authorities. He was found guilty in 1953 and sentenced to seven years in jail. Some time later Mzee Kenyattas land in Kiambu was confiscated. The British authorities recorded it as being 31.24 acres. Today, 57 years later, the Kenyattas are reputed to own 2.4 million acres, land to the size of Nyanza Province. What chance of Uhuru Kenyatta being barred from the election do you think? And the worlds media is talking and writing of many things, phone tapping in England, economic collapse in Europe, and the terrible drought affecting Somalia and North Eastern Kenya. How come the Kenyan media have said and written so little about the thousands of people coming across our borders and the hundreds dying daily? Again we ask, Why not? OUKO SHOT IN STATE HOUSE? Finally, in a follow-up to our last posting (GOR SUNGUH OWES FAR MORE THAN SH3 MILLION AND AN APOLOGY TO ORARO OVER OUKO INQUIRY below) and in response to a couple of queries from readers, we answer the question, Was Dr Ouko killed in State House? The question arises because it was the theory Gor Sunguh came up with in the conclusion to the Select Committees report into the murder of Dr Ouko. And the answer? The answer is no, it could not have happened that way. The forensic evidence of the Scotland Yard team brought in to investigate Oukos murder proved that he was shot where his body was found, and that eye-witness testimony proved he was murdered on the morning of 13th February, 1990. Dr Ouko wasnt taken to State House or anywhere else: there wasnt time for it to have happened and the forensic evidence would have been very different if it had have happened that way.

GOR SUNGUH OWES FAR MORE THAN SH3 MILLION AND AN APOLOGY

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TO ORARO OVER OUKO INQUIRY

Justice can take its time but sometimes it is worth the wait. The news, reported on Friday, that High Court Judge Kalpan Rawal had ordered former MP Gor Sunguh to pay Sh3 million and issue an apology to veteran lawyer George Oraro for publicly linking him to the murder of Kenyas Foreign Minister in February 1990, was perhaps the only time to date in the Ouko saga that justice had been done and seen to be done. The landmark ruling also removed MPs often misused assumption of protection by parliamentary privilege outside parliament or a parliamentary committee. Sunguh had made his reckless and malicious utterances on March 6, 2004, in the parking lot outside the Parliamentary Buildings. Sunguh still claimed parliamentary immunity but Justice Rawal threw out his defence as unwarranted and inappropriate. Gor Sunguh, one time MP for Kisumu East and for a while married to Raila Odingas niece, was the chairman of the Parliamentary Select Committee (April 2003 to March 2005) that was tasked to look again at the murder of Dr Ouko. George Oraro, who had been Oukos lawyer and remained the familys lawyer after the murder, had argued that Sunguhs committee had received false and malicious evidence and rejected his oral and written requests to defend himself against the allegations. Oraros argument was correct but by no means covered all the many failings displayed by Sunguh or his often farcical handling of the Select Committees investigation. His crude, bullying and overbearing manner shocked and disgusted many, not least several of the people who served on the committee. Sunguh did not only refuse Oraros testimony, he refused and/or ignored all evidence and testimony that ran contrary to the conclusion he was out to prove. The, by then, publicly available evidence that Dr Ouko had not met President Bush Sr, had flown back with the rest of the delegation from the Washington trip, landed with them in Nairobi, and had not had his passport taken from him, or his bodyguard and driver removed from his service, was dismissed on spurious grounds. The evidence and testimony, known since at least 1991, that the two companies bidding for the Kisumu Molasses plant project were part of the same multinational group and that both had been introduced by the Swiss/Italians Domenico Airaghi and Marianne Briner-Mattern, and that neither company would therefore have needed to pay bribes to win the contract, contrary to Airaghi and Briner-Matterns (largely her) allegations, was ignored. The evidence that Airaghi was a convicted fraudster out on bail waiting appeal from a Milan court (the judgment was upheld and he went to prison) and that Briner-Mattern was his accomplice and an unreliable witness according to the Italian judge, was not considered.

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The fact that Airaghi and Briner-Matterns supposed company, BAK, had changed its name four times and its address twice in four years, that three of those entities had never been formally incorporated as companies and that the fourth was only finally incorporated on the 13th February, 1990, the day that Dr Ouko was murdered (and almost two years after Dalmas Otieno had halted the Molasses project) was likewise ignored. Briner Mattern was treated as a star witness and once again avoided any serious cross-examination. Those who professed their innocence were condemned by Sunguh and their profession cited as further evidence against them. Anyone who denied Sunguhs line of argument was equally regarded as guilty or unreliable for disagreeing with him. Others, however, who testified contrary to known and demonstrable facts found their testimony accepted and unchallenged. There were many, many other failings. Little wonder that six members of the Select Committee Paul Muite, Mirugi Kariuki, Dr Abdulahi Ali, Njoki S. Ndungu and Otieno Kajwang resigned during its hearings and four others got out by being appointed to other positions. Others members were appointed to fill their place but even of these final 10 members, four did not sign Sunguhs report. Parliament in both 2005 and again in late 2010 refused to even consider it. Sunguh presided over one of the most disgraceful episodes in modern Kenyan history. The Select Committee and Sunguh in particular, behaved in a manner that only Stalin or Hitler, with one of their show trials in mind, could have been proud of. The damage done to Kenya by Sunguh (and those who put him up to it) has been almost incalculable. Just when Kenyans thought that the bad old days were being left behind and that justice, due process and openness were to be the order of the day, Sunguh doubly deceived them, purporting to be heading a fair investigation whilst doing exactly the opposite. Not least of the damage done was the fact that the real killers of Dr Ouko again went unpunished (at least one of them is still alive) and several innocent people were left with an unjust accusation of complicity in the murder of Dr Ouko hanging over their heads. Gor Sunguh can repay the debt to George Oraro but he cannot afford the debt he owes Kenyans. He can however apologise to Kenyans and he should be hauled in front of the Truth Justice and Reconciliation Commission to face questioning. P.s. In February 2009 Gor Sunguh was charged with assaulting his wife Emmy Ndisi but was acquitted. A city magistrate said there was insufficient evidence to prove that Sunguh had beaten her up. Magistrate Cosmas Maundu said during her testimony Ndisi had failed to recall how Sunguh inflicted injuries on her. A doctor, who was to be a prosecution witness, had also declined to testify. The court also heard that another witness Sunguhs daughter, Princess, could not be traced. She had allegedly witnessed the assault. Emmy Ndisi claimed she did not know who inflicted her injuries. She said she found herself in

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GOR SUNGUH OWES FAR MORE THAN SH3 MILLION AND AN APOLOGY TO ORARO OVER OUKO INQUIRY

Nairobi Hospitals bed with injuries on her body. She said one of her eyes was operated on and she had swellings all over the body. She admitted that Sunguh went to see her in the hospital and even paid her hospital bills. My husband has been calling me He even took me to a psychiatrist. But a person came to see me when I was in hospital and told me to forgive my husband because he did not know what he was doing as he was drunk, she said. RELATED POSTINGS: THE FACTS OF DR ROBERT OUKOS MURDER MUST BE REPORTED THE SWORD OF JUSTICE IS MIGHTIER THAN THE POISENED PEN BRING ME THE HEAD OF DR ROBERT OUKO LEE HARVEY OSWALD DID NOT SHOOT DR. ROBERT OUKO OFFICIAL TIME TO LET TRUTH GET IN THE WAY OF A GOOD STORY?

THE CHURCH MISFIRES AGAIN

With parliaments approval of nominees DR Willy Mutunga and Nancy Barassa as Kenyas CJ and DCJ respectively, the clergy in Kenya has lost out yet again as far as its opinion on the key areas of politics of the country is concerned. This latest defeat comes only a year after the clergy failed in its efforts to convince Kenyans to shoot down the proposed constitution, which saw its proponents prevail by a win of 5.9 million votes against 2.6 millions votes. The morality of the two nominees was cast in doubt and generated a lot of public debate, with the clergy arguing that the two were not suitable to hold such key positions in the judiciary, while those defending the nominees argued that Kenya is not a religious but a secular state. We are not seeking to appoint a bishop; we are just looking for a Chief Justice. So I dont understand why Church leaders are attacking the nominees, Kisumu Town West MP Olago Aluoch had to remind the church. Ironically, that was the same statement used by the clergy last year in their campaigns against the proposed constitution, when citing reasons why the khadhis courts should not be in the constitution; Kenya is not a religious but a secular state. Both nominees undoubtedly have a pro-gay history and that plus Mutungas stud, which he claims stands for spiritual reasons has led to an enormous fight between civil society and anti-gay forces, led by the Church. Mutunga supported the foundation of the Gay and Lesbian Coalition of Kenya and Baraza

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addressed the issue in her PhD thesis topic, Criminal Law: Homosexuality and Law Dilemma in Kenya. Their family values had also been questioned as they are both divorcees. The Catholic Church could not agree on the stud issue when questioned by journalists about their views on the matter. Cardinal Njue was kept mum; Archbishop Kairo said the stud was un-African, while Archbishop Okoth said that studs have been worn by many African communities since time immemorial and therefore saw no problem in the stud itself but that it depended on what it signifies on a man. The bishops argued that the holders of the two judicial positions should be people who respect life; recognize the importance of family wellbeing and our appreciation of religion in public and private life. However, when asked on whether the nominees lacked any of the above qualities, the Bishops said they were not pointing a finger at them but just urging Parliament to use the criteria in order to approve or reject the two nominees. The church failed to cite in black and white the moral deficiency of the two candidates. The fears however are, judging from Dr Mutungas family history and views on homosexuality, that he would grant every divorce brought before him, grant abortion on demand and retain the kadhi courts in the constitution (which was one of the key reasons for the clergy to reject the constitution) and be pro-Islamic (as Dr Mutunga is a Muslim). However if the findings released by research firm Infotrak Harris, a week before parliament approved the nominees are anything to go by, whereby 78 per cent of those polled endorsed the nomination of Dr Willy Mutunga and Nancy Baraza as Chief Justice and Deputy Chief Justice respectively, it becomes apparent that the clergy was reading from a different script to the rest of Kenyans. According to the poll, nearly nine in ten (89 per cent) of Kenyans were satisfied that Dr Mutunga and Ms Baraza will reform the judiciary if given a chance. Well, a believer would probably quote this popular verse in the bible, when you are in tune with the world, you are out of tune with God. Perhaps what is worrying is not even that the clergy, primarily the catholic clergy, even dared oppose the nominations at all. Rather, it is the reasons they are giving for opposing the nominations asserted one blogger, Hassan Ole Nado. The Forum agrees with Hassan Ole Nado and the Church in Kenya once again failed to get their message across but there were other genuine concerns about the appointment and the manner of appointing Mutunga and Baraza, and over the on-going row over Keriako Tobikos elevation to the post of DPP, of which more later this week RELATED ARTICLE: THE SWORD OF JUSTICE IS MIGHTIER THAN THE POISONED PEN, 21/4/2011

YOU MISSED THIS KIPLAGATS CITIZEN TV INTERVIEW

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YOU MISSED THIS KIPLAGATS CITIZEN TV INTERVIEW

Bethuel Kiplagat may have been foolish to have originally accepted the chairmanship of the Truth Justice and Reconciliation Commission (TJRC), or it may have been foolish to have offered him the post in the first place, given that on at least two subjects the Commission would have to investigate, the Wagalla Massacre in 1984 and the murder of Dr Robert Ouko on February 13 1990, he would have been called as a witness. Either way, with his recent interview on Citizen TV the former Permanent Secretary in the Ministry of Foreign Affairs, may have done Kenya a greater service by pointing at some potentially uncomfortable truths on both subjects. Kiplaget was interviewed on Citizens One on One programme last Thursday. He was first asked about Wagalla and came armed with, so he said, documentation and minutes of meetings that proved he took no part in the planning of the massacre and had flown home the day before it occurred. Later, Kiplagat was asked about the Washington trip, the prayer breakfast visit by some 83 Kenyan officials, including President Moi, Dr Ouko, Nicholas Biwott, Dalmas Otieno, Hezekiah Oyugi and Kiplagat himself, to Washington between January 27 and February 4 1990, just a week or so before Ouko was murdered. The theory propagated by some for the last 20 years (although not, it should be noted, by anyone who was on the Washington trip) is that Ouko met with President Bush in a private meeting; that Bush said Ouko should be Kenyas next president and then either told Moi the same, or the message was passed on to him. The result, so the theory went, was that Biwott had a row with Ouko and Moi sacked his Foreign Minister and banished him to his farm at Koru, sending him home on a different flight. Well, Kiplagat told Citizen TV that there was no meeting between Bush and Ouko; that the US authorities had stated that there was no meeting; that Ouko and Biwott were on good terms communicating nicely and happily; that Ouko and Biwott shared a car together; that the trip went well; and that Kenyas then ambassador to the US, Dennis Afande, saw them off on the same flight. Bethuel Kiplagat seems to have ruffled a few feathers with his interview. Perhaps he has spoken out of turn, or perhaps he has spoken the truth. If its the latter, and he says he can prove it, then it is explosive stuff and should be front page news because it says weve been lied to for two decades. Perhaps you missed this interview for it was only covered by two newspapers and they didnt mention which TV channel it had been on (odd that, isnt it) but now you can judge for yourself. The full interview can be found at ReelMedia. It begins with the Wagalla Massacre discussion and the part relating to Ouko starts at 28 minutes 38 seconds. (or you can watch the relevant clip HERE)

MINISTRY OF HIGHER EDUCATION TRUE TO FORM

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It was in August last year that the then Minister of Higher Education, Science and Technology, William Ruto, issued an alert that there were a total 592 bogus colleges in Kenya and gave the tertiary institutions a 21-day notice to improve their status or face closure.

The ministry put pressure on middle level colleges to register or close down, and indeed some colleges which did not meet the required standards were actually closed down. There is a very stringent mechanism that all these institutions are supposed to adhere to. They are supposed to be formally registered, to have an address with a lease, to make sure that they do not shift the next day, minister Ruto was quoted as saying in a press conference. Upon meeting the requirements, an institution is awarded either a provisional registration or full registration status as provided for by the Education Act Cap 211(1980). The provisional registration status is granted for 18 months only under Section 15(1) of the Act if the institution has met the minimum requirements, and before the 18 months period elapses, the institution is required to inform the ministry of its readiness for full registration. That was 10 months ago, not 21 days. Now The Forum has found out that even though the investors in this key sector left no stone unturned in an effort to ensure that their institutions qualified for the registration, they are still waiting for registration forms from the ministry.

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Coming from a ministry that is in charge of spearheading innovations and technology you would have thought that the provision of a relatively simple form would not be beyond them. William Ruto has, as weve said, moved on, and anyway as surely all Forum readers will know he has other things on his mind at the moment what with running for President and popping off on his holidays to The Hague. So its up to the current Minister of Higher Education, Hellen Sambili to get the forms out. Well keep you posted.

HEALTH, SELF-ESTEEM, EDUCATION AND OPPORTUNITY SANITARY TOWELS ARE A SERIOUS ISSUE
The Prime Minister Raila Odinga has ordered two ministries to start providing sanitary towels to Kenyan students from July. The PM said that the Ministry of Education should liaise with that of Public Health to provide the towels in all public schools from the next financial year, the Daily Nation reported on Wednesday 25th May. The move comes as an effort to control the number of girls who have to miss up to a week of school every month during menstruation due to lack of sanitary pads. Girls are forced to miss school out of embarrassments and ridicule from male counterparts. According to a recent study reported by the New York Times, girls can be losing one-fourth of their education to menstruation. In Kenya where close to 50 per cent of Kenyans live on less than one dollar a day (Sh80), even the most basic commodities have become luxuries. A packet containing eight sanitary pads costs as much 100 shillings (about 1.50 USD). The price is too high for majority of women who might not make that much in a day, going by the above statistics. From January 2001, the rate of VAT for eligible sanitary protection products was lowered from the full rate of 17.5% to the reduced rate of 5%, in line with EU restrictions. Nevertheless, most women can still not afford them because the retail price did not fall following the tax cut. NGOs and charity organisations have also stepped up to address the issue by providing sanitary pads, panties and soap to more challenged areas as it also became apparent that most of these girls could not afford panties too. Initiatives of mending reusable pads have also been undertaken and the girls have been provided with the raw materials as well as the know how of patching up such.

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Other research carried out into the effectiveness of this remedy reported that the impact was considerable. The girls once low self-esteem were raised, they were able to concentrate better in school, their confidence grew, and they were able to participate in more daily activities even during their cycles. The cases of girls missing schools also reduced drastically. Even as the PM further instructed the Ministry of Finance to include the costs of the pads in the next Budget questions remained; what about the other girls back in the villages living outside the classroom walls? And what about the women, the girls mothers for example, who have not been able to provide the same basic commodity to their daughters, how are they to be catered for? The Forum asks, how practical and sustainable is this initiative bearing in mind that the government promised to do the same eight years ago when it came to power in 2003? With just a few months to 2012, the next election year, we must hope that there is no political interests in the move, bearing in mind that that the population of women in Kenya stands at 52%.

CAN FIFA BE FIXED?

Everyday there are twists and turns at footballs world governing body Fifa which makes it as hard to keep track of whats really going on as it is to tackle Lionel Messi in full flight. What can be said for sure is that Fifa is mired in accusations of corruption and vote buying, and the worlds beautiful game is beset by tales of bribery and match fixing. Fifas image is getting worse by the day as it appears more focused on corruption and politics than growing the most popular sport, threatening its own existence. Mohamed Bin Hammam, the 62 year old president of the Asian Football Confederation, pulled out of the Fifa presidency race against Sepp Blatter on Saturday, hours before facing Fifas ethics committee (Fifa and ethics committee surely a contradiction in terms?) over bribery allegations, saying he was withdrawing for the sake of Fifas reputation. I made the decision to run for the Fifa presidency because I was and remain committed to change within Fifa, he wrote. Recent events have left me hurt and disappointed, he continued, I cannot allow the game that I loved to be dragged more and more in the mud because of competition between two individuals. Bin Hammam and Jack Warner, Fifas Vice-President, were then suspended on Sunday from all footballing activities pending a full investigation into their alleged involvement in a bribery scandal. Meanwhile, aging but still fleet-footed Fifa President Sepp Blatter was cleared of any involvement in the substance of the allegations and will not come under further investigation (what can you expect when an organization like Fifa is investigating itself for possible corruption?) Tomorrow, June 1st, the 75 year-old Sepp Blatter, who has held the Fifa presidency since 1998, will be returned unopposed for another five year term in office.

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CAN FIFA BE FIXED?

Surely Blatter really has a case to answer in this scandal, if not for himself at least on behalf of Fifa? But in a press conference held yesterday Blatter all but said the infamous words, Crisis, what crisis? According to the UKs Guardian newspaper, Blatter was accused of providing approval for allegedly corrupt payments to be made in the course of presidential campaigning. Warner and Bin Hammam have been accused of offering US$40,000 (J$3-4 million) to national associations of the Caribbean Football Union (CFU) at a meeting on May 10 and 11, in return for their votes in the FIFA presidential election. Warner said he approached Blatter to ask for permission for Bin Hammam to pay the expenses of officials attending a meeting of the Caribbean Football Union, a regional body serving the Concacaf confederation of which he is president. Blatter said in a statement, FIFAs image has suffered a great deal as a result, much to the disappointment of FIFA itself and all football fans. But has Fifas image suffered asks The Forum? Or is Fifas image so bad already that it could not get much lower? Another threat of the global game and the integrity of international football has been the evidence of match-fixing linked to gambling. The main perpetrators based themselves in London, England, one even working out of an apartment within sight of Wembley Stadium. It seems fixers have been planning and staging friendly internationals with the express aim of manipulating the results and winning massive bets as a result. Fifa needs to get its act together otherwise the organisation could collapse as individual countries football associations pull out and become independent. Perhaps the threat of Fifas sponsors, Coca Cola and Addidas withdrawing funding might at last concentrate even Blatters mind (but dont count on it). Meanwhile, Gabons President Ali Bongo is seeking a postponement of the countrys elections to allow the administration to focus on staging Januarys Africa Cup of Nations. In other words, he would like to stay in power for a bit longer because the seat is too sweet to let go. Its a trend that is common in the African continent with leaders clinging on to power and looking for excuses to do so; the Africa Cup of Nations is just one of them. It doesnt matter whether its Fifa or Gabon, Bongo or Blatter, its time for change, transparency and democracy to prevail, says The Forum.

US AND UK TO BAN RAILA AND FIDEL CASTRO ODINGA?

The future may not be bright nor may it be orange: its been a bad week for the Prime Minister Odinga, his Orange Democratic Movement (ODM) and the Odinga family. Monday was polling day in the Ikolomani by-election where New Ford Kenyas candidate Dr Bonny Khalwale was fighting it out with ODMs Shinali Bernard. The election was seen as a test for Raila Odinga, ODM, and in particular for gauging the popularity of Deputy Prime Minister

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Musalia Mudavadi in Western Kenya. Come Tuesday morning and The Standard heralded Bonny Khalwales victory over Shinali Bernard by 13,208 votes to 10,702 with the headline, Bullfighter gores Raila man in poll supported by the sub-headline Mudavadi axis in Western back to drawing board after humbling loss With that PM Odinga announced that ODM was to postpone its grassroots elections for a week to enable its branches in Western Province to prepare adequately as they had exhausted their energies in the Ikolomani campaigns (Daily Nation, May 25). Wednesday was worse still for the Odingas. Fidel Flashes Sword at Matatu was the front page

headline in The Star, reporting that Railas eldest son Fidel (named after the Cuban revolutionary leader) had been involved in a scuffle with a matatu driver who had allegedly cut up Odinga Jrs black Mercedes in Westlands. The matatu driver alleged that young Odinga had leapt out of his car, brandishing a sword and uttering that time honoured phrase of the almost-mighty, Do you know who I am? This is not the first time Fidel Odinga has been in a spot of bother with the law. Back in May 2009 The Nairobi Chronicle released documents which purported to show that one Fidel C. Odinga (yes, you got it, Fidel Castro Odinga) had been found guilty of stealing $300 in the United States in 2000 and also convicted of possessing marijuana in 2002 in the same district of Maryland. On to the year 2009 and Fidel was adversely mentioned by a Parliamentary Committee on Agriculture as someone who had benefited from a maize scandal. The parliamentary team said that the Odinga family and a personal assistant should be investigated to establish their role with three importation firms which were alleged to be involved. Raila Odinga dismissed the parliamentary report as a vendetta, that it lacked integrity and said it was just a smear campaign aimed at settling old scores. How terrible, politicians using parliamentary reports (and reports to parliament) as a means of smearing their opponents and settling old scores, whatever next, no wonder the PM was shocked. He would never have done such a thing Prime Minister has also recently spent time in the United States. The Daily Nation also reported on Wednesday that questions had been asked in Parliament as to whether he had spent Sh602,000 per night of taxpayers money to stay in the luxurious Presidential Suite of the Waldorf Astoria Hotel in New York when on a 10 day visit with a delegation of ministers and

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others. The PM didnt say he did and he didnt say he didnt, he just stated that MPs should not expect him to stay at some backstreet hotel. Quite right Prime Minister. He could have added, Do you know who I am? Things could get worse for the Odinga family. If the US State Department and the UKs Foreign Office were to be consistent in their megaphone diplomacy policy of recent years, a high profile Kenyan who had been adversely mentioned in relation to corruption (not found guilty you understand, just adversely mentioned, say in a parliamentary report), would have a travel ban slapped on them.

RAPTURE AND VISION 2030: PROPHECIES OF DOOM AND DOOMED PROPHECIES

As you have almost certainly surmised by dint of the fact that you are reading this, the world did

not come to an end on Saturday.

89 year old Harold Camping, a Christian evangelist broadcaster for the Family Radio station in the United States, had predicted that the world would end on Saturday at 6pm (we couldnt find out whether that was 6pm Kenya time or US Eastern Standard time or GMT). Advertising hoardings in Kenya heralded The Trumpet is Sounding Are You Ready? People prayed, one Kenyan man even committed suicide by hanging himself in his local church, but the much awaited rapture, when the world would be destroyed by a giant earthquake and good Christian souls would be taken up to heaven didnt happen. The Forum would just love to have heard Family Radios breakfast show on Sunday 22nd May after their prediction that the end of the world was nigh was shown to be so much bunkum: Yes, here we are again folks. I know we said the world would end yesterday but sorry about

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that and heres a message from our sponsor Mr Camping had previously prophesied doomsday in 1994 and now the poor mans got it wrong again. But as wide-of-the-target predictions go we can do better than that in Kenya, just read Vision 2030. The latest edition of the internationally renowned Economist magazine noted that Kenyas economy picked up to 5.6 per cent growth in 2010 and forecasts point to around 5 per cent growth in 2011. Thats good. Many countries would give their left leg for 5 per cent growth, Portugal, Ireland, Italy, Greece and Spain (known collectively as the PIIGS), to name but five of them. But 5 per cent growth is not the 10 per cent, per year, every year, for the 25 years of Kenyas Vision 2030. A Forum contributor has worked out that if Kenyas economy had grown, and were to grow, by an average of 5 per cent a year for 24 of the years envisaged in Vision 2030, and assuming there was no inflation at all to diminish the value of real growth, then the countrys economy would need to grow in the 29th of the Vision (2029) by 346 per cent in one year to meet the target! Despite this, politicians, ambassadors and civil society leaders still pay lip service to Vision 2030. The latest to do so is retiring US Ambassador Michael Ranneberger. Perhaps because he is retiring Ranneberger doesnt seem to care what he says. In an interview with the Young Kenyan Leader His Excellency stated assuredly that, unless the Kenyan economy grows at least 10 per cent per year it wont grow fast enough to accommodate all [the] jobs [needed to employ young Kenyans]. The only way you are going to get those jobs is for the economy to grow that fast. Michael Ranneberger may have been a good ambassador (surely the jury is still out on that one?) but he is obviously no economist, unless of course he can point to a country that has achieved 10 per cent GDP growth, on average, every year, for 25 years. The Economist was somewhat more realistic. The trouble is, wrote their unnamed Nairobi correspondent of Kenyas economic difficulties, the infrastructure, especially at the port of Mombasa, is still a mess. The power supply is unreliable, corruption is rife and labour costs, relative to workers productivity, are quite high. For Kenya to become what its leaders say they aspire to be by 2030, lets deal with the reality, says The Forum. Cut the fanciful, unrealistic dreams of civil society, the international community and some Kenyan politicians. Lets be practical and realistic. Provide the electricity, provide the water, mend the roads, improve education, end the corruption, and give ordinary people the chance to succeed, then we will achieve a real vision in our lifetime. As a prophecy, 10 per cent GDP growth per year until 2030 is somewhat less likely than the angels blowing their trumpets to herald His return to earth at any time over the next 18 or so years.

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LIFE IS CHEAP BUT DEATH IS CHEAPER

LIFE IS CHEAP BUT DEATH IS CHEAPER

One look at the public hospitals in Nairobi and their environs will leave any person in their right mind dreading to fall ill. Every cloud has a silver lining though, for some at least, and the current state of affairs has definitely seen the mushrooming of private hospitals. Unfortunately only a minority of the countrys population can afford treatment at the latter. For the majority, the only option is to pray and fast for a healthy life. According to a research conducted by the Kenya Anti Corruption Commission (KACC), the provincial and district hospitals are in a pathetic condition, characterized by shortages of staff, corruption and poor facilities. Apparently patients have been forced to share beds in some of these hospitals, others have been turned away when they cannot afford the fees, and yet others have been forced to buy syringes and drugs from private pharmacies in order to get treatment in public hospitals. KACC also announced that some government hospitals were dispensing expired drugs to patients. This suicidal problem, which has been accredited to the supply of drugs with a short shelf life, draws attention to the service delivery systems as well as policies and procedures of public hospitals in the country. Drugs meant for public hospitals end up being stolen, while some end up in local markets, others find way in regional markets. Drugs destined for Kenya from donors have on occasions landed in Uganda. Meanwhile a crippling drug shortage is being experienced in public health facilities posing another life threatening challenge that patients seeking medical help in government hospitals have to face. According to The Kenya Health Sector Integrity Study Report, 2011, malarial drugs, re-hydration salts, anti-retrovirals (ARVs) and antibiotics are some of the drugs that are in short supply in the institutions. Malaria is the leading cause of mortality and morbidity in Kenya while HIV/Aids is one of the biggest epidemics we face as a country. To experience a shortage on such essential drugs is a disaster in waiting. Nurses and other medical personnel have been accused of hoarding drugs and supplying them to private pharmacies, a practice that has been cited as a key contributor to the shortage of drugs. Fear not however, our MPs are addressing the problem; they have passed a motion to waive mortuary fees for dead bodies collected within 21 days. Theres Tender Loving Care for you from our legislators and in an odd way a certain sort of logic. Life may be cheap as they say but maintaining life can be expensive, so lets make death cheaper to compensate.

OUR SURVEY SAID: BOARD TO REGULATE OPINION POLLS IS SINISTER

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MADNESS
2007 saw Kenyan President Mwai Kibaki sign into law a media bill amidst cries from members of the Fourth Estate that it would curtail press freedom. Kenyas government has always assured journalists that it is committed to safeguarding the freedom of press but the media fraternity is not guaranteed of its independence especially after the famous 2006 raid on the Standard Group. The President said the objective was to regulate the electronic media in order to promote and safeguard our culture, moral values and nationhood. We all breathed a collective sigh of relief: it wasnt an attempt to gag the media, just protecting the nations moral values. So thats alright then. Well, it now seems the gag agenda did not end there. Some MPs in Kenya are now planning to regulate opinion polls (welcome to the new Kenya with a new constitution, have a nice day). Pollsters have termed the bid as ill advised and unnecessary. The Standards editorial last Friday (Muzzling pollsters is an attack on freedom) called it a gimmick by busybody politicians and an attempt to emasculate freedom of information , and by extension, Press freedom. According to Managing Director of the Synovate Kenya, George Waititu, the move is a war on the freedom of expression and an attempt to gag the media because it is the media that publishes the polls. The reactions came after the Kigumo MP Mr Jamleck Kamau, filed a motion to bring a bill that will set up a board to regulate opinion surveys with a view to ban those on politics according to the Daily Nation on Friday (MPs plan to regulate opinion polls opposed). One clause under consideration is a requirement that the Board approves all questionnaires in advance and then authorises the results of surveys before they are released to the public. Well, only time can tell if the MPs will have their way on this one but a survey among The Forum team, the result of which comes with the standard caveat that it contains a statistical margin of error of plus or minus three per cent, was zero per cent in favor and 100 per cent who thought it was sinister madness. At least we can still publish the result! But for how much longer?

FUELLING CONTROVERSY AND WHY THE PUMPS RAN DRY

Queuing motorists and stranded shoppers in Nairobi knew it nearly two days before The Nation and Standard newspapers got around to catching up with the real news on the streets of Nairobi: the petrol stations of the nations capital had run dry. The odd thing was that the Kenya

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Pipeline Company (KPC) reported it was wet with product with 19 million litres of fuel in its tanks. So what happened, what caused the problem? Mismanagement, incompetence, weak infrastructure, plain bad luck and greed were all contributing factors but The Forum can report that which the newspapers only hinted at corruption at a high level in the Ministry of Energy played its part. As the crisis developed various explanations were given for its occurrence and the blame-game got underway: there was a lack of storage space; dealers would not buy stock after the price had been pushed up by the Ministry of Energy and importers; administrative failure compounded by a holiday weekend; delayed payments by marketers; an electrical failure at the Mombasa refinery; and dealers withholding stock to take advantage of new tax regulations, these and other theories and excuses were trotted out. Post event, as the queues subsided and life began to return to normal it was The Sunday Nation that produced perhaps the most accurate explanation with an investigation in last weekends paper Why there was too much petrol in store but little in the pumps. But the Nations reporters pulled there punches somewhat. The first paragraph of the article appeared to come up with two causes for the chaos: Fear of reduced profitability by oil marketing companies and the governments rush to announce tax cuts on fuel without proper implementation plans were the main causes it stated. According to The Sunday Nation, oil companies deliberately delayed to evacuate diesel and kerosene from the supply chain to take advantage of recent reductions of duties and taxes on the two commodities, which resulted in no storage space for petrol. Fine, but which oil companies? The Nation, both on Sunday and a few days earlier pointed the finger not at Total and Kenol Kobil, the big players in the market but rather at much smaller independents named as Addax Kenya Ltd, Royal Energy Lt, Gulf Oil and Prisco Petroleum Network, companies with few or no retail outlets. These companies and others, it was revealed, were sitting on most of the 19 million litres of petrol held in KPC tanks. There was more. It was also revealed that of the 53 licensed importers who were allocated ullage space in April less than 10 owned retail outlets. It is these small companies, briefcase traders and speculators, reported The Nation, that are the big winners in the Open Tender System (OTS) run by the industry under the oversight of the Ministry of Energy. And The Forum can report (resulting from conversations with two journalists working for different newspapers and with two individuals involved with the major retailers) confirmation of allegations that have been circulating for months, that at least one high level official in the Ministry of Energy is directly involved with trading in fuel and allocating ullage space. There is much to be done to ensure that Kenyas capital isnt needlessly brought to a standstill again. One urgent action is for a really independent investigation into allegations of improper involvement in fuel trading by an individual, or individuals, in the Ministry of Energy.

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THEIR EXCELLENCIES KARUA, WAMBUI AND RANNEBERGER?

Dr Nyokabi Kamau is a gender specialist no less. In the opening paragraph of an article written by her in The Daily Nation (April 27) entitled Feminism vs gender agenda: Its time women recognized their political rights, Dr Kamau stated that, In a recent poll during this years International Womens Day, it came out that if Kenya was to go to the vote then, 60 per cent of the electorate would vote for a woman president. As Forum readers will also know, the Moon is made of cheese. Dr Kamau did not say where the poll was taken or give an indication of the sampling technique and the number of those polled. Ten women sporting short hair cuts and Doc Martens whilst attending an International Womens Day seminar one suspects. Before the sisters rise up in arms against us, regular readers of The Forum will know that we are most certainly not against the idea of a women president being ensconced in State House (see, for the most recent comment on this subject, Martha Karua for President? Is that so fanciful?). However, we doubt the poll results quoted by Dr Kamau and wonder how they would stack up against a poll of Kenyan women on, for example, whether they support the legalisation of abortion. Dr Kamau concluded her article with these words: I am convinced that most of what Western feminism stands for can be applied to the Kenyan context especially with regards to women taking their rightful places in the political governance of the country. The skepticism of The Forum aside, its good news for Martha Karua: shes got Dr Kamaus vote, and if the opinion poll is right shes on for a landslide victory at the next Presidential elections in Kenya. If you didnt know, the redoubtable Martha announced her bid for the presidency on Wednesday and received good coverage in the nations newspapers on Thursday as a result, where it was reported that she would transform Kenya into a social welfare state (The Star), re-settle IDPs, and improve food security and education (The Nation) if elected. So who knows, it could be Her Excellency Martha Karua come 2012. Sharing the front page coverage of The Star of Karuas announcement of a bid for the presidency was the news that another woman was in hot water for already assuming the title of Her Excellency. Mary Wambui claims to be President Kibakis second wife under Customary Law. The President, we understand, denies this, and First Lady Lucy Kibakis thoughts on the subject are probably not fit to publish. Ms Wambui it seems had termed herself as Her Excellency Mary Wambui when signing a

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condolence book at a funeral service leading to calls for her official bodyguards to be removed. Meanwhile, Government Spokesman Alfred Matua went on record to say that His Excellency and Her Excellency are reserved only for the President and First lady of the Republic of Kenya, or for envoys in Kenya. He added, The person shown in The Star referring to herself as Her Excellency has no entitlement of the same. The brilliant Nation cartoonist, Gado, hit the nail on the head the following day. If Ms Wambui is not the second wife of the President, why was she given security in the first place?, asks one of his characters. Finally to a man who is allowed to use the title His Excellency. His Excellency US Ambassador Michael Ranneberger is shortly to stand down from his post in Kenya. Writing in The Star on Thursday, commentator Wycliffe Muga declared that, Its more than likely that future historians will record Ambassador Ranneberger as having been the last of the titans. So will Ranneberger gain the epithet titan? Well, possibly so but unlikely says The Forum but theres more of a chance of it than Her Excellency President Karua come 2012, whatever Dr Kamaus poll says.

THE SWORD OF JUSTICE IS MIGHTIER THAN THE POISONED PEN

The statue of Justice can be seen in the precincts of law courts throughout the free world. There is one standing in a fountain outside the High Court in Nairobi. The style may change but the image is fundamentally the same wherever she is found the figure of a woman, blindfolded, holding a set of scales in one hand and a sword in the other. Justice listens to the facts, she weighs them up objectively without prejudice or bias, and if need be she wields her sword of justice. A Mr George Kegoro appears to believe that the pen is not only mightier than the sword (with which we would agree) but also mightier than the sword of justice (which concerns us). The Forum would counsel him, however, to gaze upon the statue of Justice and reflect, as should we all. George Kegoro is the executive director of the International Commission of Jurists in Kenya, a regular contributor to The Nairobi Law Monthly (an excellent magazine The Forum recommends to its readers) and on Sunday last a contributor to The Nation on Sunday. It is to this latest missive of Mr Kegoros that The Forum draws your attention, for there are lessons to be learnt from it, hopefully for George Kegoro but certainly, again, for us all. In a comment article under the headline Visram out to prove a point in race for CJ position, Kegoro called into question Appeal Judge Alnashir Visrams bid to become the next Chief Justice of Kenya stating that although as an Appellate judge [he] has a good legal mind and a

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number of important cases under his belt two of his rulings portray him as intolerant of freedom of speech and cast him in a bad light. One of the cases to which Kegoro was referring and which forms the basis for the substantive part of his article was the award of Sh30 million in libel damages, the highest ever awarded in a Kenyan court, by Judge Visram to former Government Minister Nicholas Biwott in 2000. Visrams judgment resulted from Biwott suing the authors of a book entitled Dr Iain Wests Casebook written by a British tabloid newspaper journalist Chester Stern in collaboration it would seem with Dr West, a British Forensic Pathologist who was part of Scotland Yards investigation in 1990, which purported to be a true account of Dr Wests official work investigating the Ouko murder, in which he alleged Mr Biwotts involvement in the murder. Biwott also sued the books UK publishers and two bookshops in Nairobi (for distributing it). The Kenyan defendants settled out of court. Those in the UK, although they had initially said they would vigorously defend the suit, in the end choose not respond to a summons. Regular readers of The Forum will know that we have commented before on the misinformation and unprofessional reporting of Dr Oukos murder and the investigations into it (see, Bring me the head of Dr Robert Ouko, Lee Harvey Oswald did not shoot Dr Robert Ouko Official, The Facts of Dr Oukos murder must be reported and Time to let truth get in the way of a good story?. The Forum has read the relevant chapter in Chester Sterns book, so lets just take a moment or two to examine it and then the arguments arising from it, not least Judge Visrams judgment and George Kegoros take on it. Stern stated that during the Presidential Prayer breakfast trip to Washington in January/February 1990 that concluded a week before Dr Robert Ouko was murdered, there was an angry argument between Ouko and the Kenyan energy minister, Nicholas Biwott. Yet we know the testimony to this effect came from Dr Oukos brother Barrack Mbajah, who was not on the Washington trip, an accusation made, according to Mbajah, as a result of an alleged conversation with Malacki Oddenyo, then the Director of Information in the Ministry of Foreign Affairs, who also was not on the Washington trip and who denied ever suggesting there had been a row. No one on the Washington trip said there had been a row between Ouko and Biwott and all the evidence is that there was no row. They traveled on the same flights together, sitting next to each other on the way to Washington, shared hotels and official cars. The British Scotland Yard detective John Troon brought in to investigate the murder also handed over Dr Oukos diary to the 1990 Ouko Commissionand in which there was an entry in Oukos own hand dated February 2nd, 1990, which read, Hon. Biwott told me Ken [Dr Oukos son] is to be recruited to the Ministry of Energy, even as a student. PRESIDENT BUSH DID NOT MEET WITH ROBERT OUKO BUT DID MEET MOI

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Presidents Moi and Bush at the Washington Prayer Breakfast

Stern stated that Ouko had been met with open arms by President Bush and Moi and others had been treated with cold disdain, making Oukos position precarious, the reason often given for the row theory. But we now know, and have done since at the latest 2003/04 (when the information was made available for the Sunguh Commission) that no meeting between President Bush and Dr Ouko took place. Bushs official diary was released by the Bush Presidential Library and makes no mention of it. The archivist at the library confirmed that it was an accurate record, and Bushs lawyer confirmed that the meeting did not happen. President Bush, however, did meet with Moi, a fact to which photographs taken at the time attest and which therefore tells a very different story.

President Moi with President Bush

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As a result of the row wrote Stern, Ouko had been sent home on a different flight, his passport seized at Narobi, had sought a meeting with the President [Moi], but instead of a reconciliation found himself banished to one of his three homes. We now know, and many have known since 1990, that Dr Ouko landed on the same flight in Nairobi as President Moi there are many photographs in Nairobi archives that prove this and hundreds witnessed his arrival at Jomo Kenyatta Airport; that his passport was not taken away Oukos wife Christabel handed his passport to Scotland Yard and signed a statement to that effect; and Ouko did meet with President Moi at 9am on the morning after their return from Washington, introducing him to the Japanese Ambassador and Canadian High Commissioner in the presence of Permanent Secretary Bethuel Kiplagat. Nor was Ouko banished. He traveled to his Koru farm with his driver and bodyguard and there numerous testimonies to Dr Ouko continuing his functions as Minister for Foreign Affairs and none that he did not do so. And he continued his preparations for his next official visit to The Gambia due to have taken place on February 14th. There were other factual inaccuracies in Sterns book. To give just two examples of very significant errors, he stated that Ouko had disappeared on February 12th, 1990, and that his body had been found three days later by a seventeen-year-old herdsboy. Yet eye witness testimony that has never been disputed (including by Scotland Yard and the Kenyan Police) places Dr Ouko alive in the early hours of February 13th, 1990, and that the herdsboy Shikuku found his body at about 1pm on the same day. He reported finding the burning body to other villages but they did not inform the police, who found the body on the 16th February. One other very significant fact should be taken into account when considering the discovery of Dr Oukos body on February 13th, 1990. That fact, according to Detective Superintendent John Troon of Scotland Yard, who led the Yards investigation, is this: Dr Ouko was shot where his body was found, or a few feet from the spot. How do we know? Because none other than Scotland Yards pathologist Dr Iain West, stated it to be so in Troons Final report, leading to Troons conclusion that there was, no evidence to suggest that Dr Ouko had died at any other venue than the scene. So, Dr Robert Ouko was murdered on the morning of February 13th, 1990, and shot at the site where his body was found. He was not taken, and could not have been taken, to State House or anywhere else, murdered and his body returned to Got Alila Hill. As for the accusation that Biwott was involved in attempted corruption over the Kisumu Molasses Project and could have therefore been the subject of a corruption report being written by Dr Ouko at the time of his murder (the publication of which might therefore have given Biwott a motive for killing Ouko), these theories too, and those from whom they originated, have been utterly discredited for years. The testimony for the Molasses Project corruption theory came almost entirely from a Marianne Briner Mattern, who together with her business partner, a Domenico Airaghi, purported to run BAK, a company tendering to help re-start the Kisumu Molasses plant. Troon of Scotland Yard accepted their testimony because he said that they were honest and ran a reliable

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company. We now know that over the period they were dealing with the Kenyan government and later Troons investigation, Airgahi was on bail from a Milan court, convicted of fraud (in which he had used false documents to support his case), that the main witness in his defence was one Briner Mattern who the judge described as unreliable, and that BAK had not traded and was not finally incorporated as a company until February 13th, 1990, the day Dr Ouko was murdered. As for the corruption allegation, which ran that Biwott and others had asked for kickbacks for one Italian company over another to win the contract for Molasses Project, the two companies concerned were proven to have both been introduced to the Kenyan government by Airgahi and to have been part of the same multinational group, so there was no question of paying a bribe to win a contract that the company had already won. Dr Oukos sister Dorothy Randiak, and Troon accepted this as fact under cross-examination at the 1991 inquiry. The corruption file that only Marianne Briner-Mattern suggested existed was never found and when asked by Sugnhus committee where her evidence for it was she said it had been taken out to sea by Tanzanian fishermen. For further reading on the subject of Dr Oukos murder, and links to relevant documents, we recommend to readers (and George Kogoro) www.kenyaunsolved.com and www.kenyadocex.com (together with the Wiki page on Dr Robert Ouko but with the caveat that Wiki pages should be treated with caution). Kegoros criticisms of Judge Visram and attack on Biwott included the charges that Visram had not taken into account all the publicly known information about Mr Biwott which might have affected his standing; that Mr Biwott did not call a single witness to testify on his good standing as (sic) would have been injured by defamatory remarks; that Biwott had a well established reputation as a ruthless political operator; that Visram failed to address important facts surrounding the death of Dr Ouko; that Biwott was regarded as one of the principal suspects in the Ouko murder; and that, The fact that the killer was (and still is) unknown today, should logically have meant that anybody, not excluding Mr Biwott, could have done it. And that for these reasons, and several others, Judge Visram had made a mistake in awarding damages to Biwott and in the level of damages awarded. George Kegoro should know that Biwotts reputation aside from the question of whether he was, or was not involved in the murder of Dr Ouko, could not have been a consideration for Judge Visram. The action was uncontested, liability was clear and it rested on the serious accusation of murder (a capital offence) and unsubstantiated accusations of corruption, in Sterns book. As a trained lawyer Kegoro should also know that Biwott could not call witnesses because the law provides that he could only have done so if Stern had defended the case. And quite how Kogoro can confidently deduce that if he had have done he would have been injured by defamatory remarks is beyond us. As for the charge that Biwott had a reputation as a ruthless political operator, so what? That doesnt make him a ruthless killer, certainly not in a court of law.

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And Kogoros amazing distorted logic that as the killer or killers of Dr Ouko are unknown, anybody could have done it, not excluding Mr Biwott, The Forum would point out that in 1990 George Kegoro was approximately 21 years old and could by his own logic be named as having possible involvement in Dr Oukos murder. Yet if he now read a book saying so, how would this eminent jurist feel? Kegoro is in effect implying that Judge Visram was heavily biased in favour of Nicholas Biwott. If this were the case, why then did the same Judge Visram award the leadership of KANU to Uhuru Kenyatta over Biwott in 2007? Judge Joyce Aluoch also ruled in Biwotts favour in a libel action against The People newspaper. Was she therefore also unfit to the first Kenyan judge to be appointed to the International Criminal Court in The Hague? The Forum has now read the full text of Judge Visrams judgment in the case, a copy of which is available to readers so you can decide for yourself. But The Forum contends that far from being something that Visram should be castigated for it is, rather, a brilliant piece of work, superbly argued and fully supported by many case studies. Judge Visram clearly set out his arguments for the compensatory and exemplary damages awarded. He stated that, The libels perpetrated upon the plaintiff are grave, quite deliberate, and without regard to their truth, or recklessly without caring about their truth, for the sole purpose of gain notwithstanding the distress it might cause to the plaintiff. And this is what gives rise to exemplary damages. He concluded: I believe that time is propitious to send a clear message to all those who libel others with impunity, and who get away with ridiculously small awards, that the Courts of law will no longer condone their mischief. No person should be allowed to sell another persons reputation for profit where such a person has calculated that his profit in so doing will greatly outweigh the damages at risk. There are several excellent candidates for the post of Chief Justice of Kenya. Judge Alnashir Visram is one of them. George Kegoros poisoned pen was wielded recklessly and without taking due care of the truth. It should not be taken into account by a jury of Judge Visrams peers in deciding whether or not he succeeds to the post of Chief Justice.

WISHING YOU WERENT HERE

Some stories carried in the press leave you so incredulous that you have to read them twice to make sure your eyes werent deceiving you and then check the date on the newspaper to see that its not April 1st. Try the story on the front page and on page 68 of the Sport section of The Daily Nation on Thursday. The organizers of the Utrecht Marathon in The Netherlands are trying to discourage Kenyan athletes from taking part by offering them only Sh12,100 if they win the event whereas a Dutch winner will receive Sh210,000. Its true

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WISHING YOU WERENT HERE

Apparently Kenyan athletes are winning too many long distance races in Holland, including last year in Rotterdam, Utrecht, Eindhoven, Enschede and Leiden. A Kenyan, Wilson Chebet, also won this years Rotterdam Marathon and the womens race was also won by a woman, Philes Ongori. (A Dutch woman came second by the way, Hilda Kibet she was born in Kenya). The Dutch newspaper Volkskrant quoted race director, sorry, event director, Louran van Keulen, stating that the prize differential was legal under Dutch law but outright banning was not. The DutchNews.nl website confirmed that discouraging them [Kenyans] from taking part is legal. Athletics Kenya (AK) secretary, David Okeyo, announced that AK was withdrawing Kenya from the competition altogether. What they are doing is not fair as far as the rules and spirit of the competition are concerned it is discrimination of the highest order, he said. The Forum thought that the decision of the Dutch to try and discourage Kenyans from taking part in their marathons was the dumbest thing we were likely to read this week but we were wrong. Theres more than one way to discourage people from visiting your country. A few months ago there was a comment article in The Business Daily by an in-house journalist that argued for a rise in visa charges for those entering Kenya. We nearly commented on it at the time but it seemed such a stupid idea Kenya needs more tourists and other visitors so lets charge them more for coming into the country and make them queue longer that we decided it wasnt worth it. Well lo and behold, on the same day as the daft Dutch marathon story was covered in the press the Business Daily revealed that the Immigration Department have announced that as of July 1st this year the cost of entry visas will double, from Sh2,100 to Sh4,200 for an ordinary visa for example. Now we are not saying that an extra charge of 2,100 bob will put off many visitors but it wont help and the laws of economics will come into play raise the price and restrict the demand. Not only that but the best marketing for Kenyas wonderful tourist potential is for those that visit our country to return again, and to tell others what a great place it is to come to for a holiday. First impressions last and the first impression people get of Kenya is at the airport. National Park charges are also to be increased welcome to Kenya, have a nice day which brings the Forum on to one other and final point. Narok City Council has immediately moved to increasing fees to camp in the Maasai Mara Game Reserve. The Forum, along with many others would like to know what happens to the Sh30 million a day that Narok City Council receives from the existing revenue. We dont know because they dont produce accounts to tell us

THE US VICE-PRESIDENT - ILL NEVER FORGET WHATSHISNAME

Alright, get your brain cells in to gear. Which team came second in the 2010 football World

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THE US VICE-PRESIDENT - ILL NEVER FORGET WHATSHISNAME

Cup? Which team came second in the 2010-11 Premiership football league? Can you name the Ocampo Six? What about the Seven Dwarfs? Can you name ten famous Tanzanians? Who is the Vice-President of the United States? Enough. This being Kenya we bet you did pretty well on the football questions. The Netherlands came second in the World Cup and Manchester United were second in the Premier League (Chelsea came first). Once you got passed Ruto, Kenyatta and Kosgey, how did you do on the Ocampo Six? Grumpy and Happy for the dwarfs, fine, but we bet you didnt get to Doc of Bashful. Some of you will have ended up with Ruto, Kenyatta, Kosgey, Sleepy, Dozey and Dopey. As for ten famous Tanzanians not a chance. Some things are made to be forgotten, the team that came second, the bass player of a famous band and minor politicians being just three examples. US Vice-Presidents makes four. Prime Minister Raila Odinga is not a minor politician in the Kenyan context but yesterday he was at the White House in Washington D.C, USA, to meet with the US Vice-President. The meeting was covered on the front page of the Daily Nation but not on its inside pages, nor in any of the Kenyas other newspapers. (For coverage in the US press please pull out a blank sheet of paper from your printer and read on) Todays front page of The Daily Nation carried a photograph of the meeting. The man sitting next to the US Vice-President looks asleep, Odinga looks bored, the man two down from Odinga looks as if hes doodling, and the woman opposite him looks as if shes desperately trying to feign interest. Apparently PM Odinga briefed the US Vice-President on changes in Kenya, Somalia and Sudan. He also urged American investors to set up shop in Kenya saying the Constitution made the country a good investment destination. Well at least Odingas got a sense of humour. It is said that a US Vice-President is only a heartbeat away from the Presidency. Quite so but hes also only a heartbeat away from obscurity and near irrelevance. Kenya deserves better. Oh, and the name of the US Vice-President is? Have you got it yet? See what we mean?

NEW CONSTITUTION THE POSITION MAY HAVE CHANGED

The Court of Appeal, in a land mark ruling, has affirmed that under the new Constitution every Kenyan has the right to have a lawyer provided at the expense of the State in cases where substantial injustice would otherwise result. The old Constitution under section 77 did accept the right of an accused to legal representation but not at the expense of the State (for State read Kenyan taxpayers). Article 50(1)(h) of the new Constitution, however, reads as follows: Every accused person has the right to a fair trial which includes the right to have an advocate assigned to the accused person by the State at State expense, if substantial injustice would otherwise result.

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NEW CONSTITUTION THE POSITION MAY HAVE CHANGED

Well that all seems quite laudable. Being tried in our adversarial legal system without the services of a lawyer would lead to injustices (and has) and most Kenyans cannot afford legal representation. So good for the people and no doubt pretty good news for lawyers (and surely we would all give a cheer for the latter?). The decision by judges E.O. Okubasu, P.N. Waki and A. Visram, and the explanation for, reported in a full page Law Report in The Nation, does raise certain questions, however. First, how are we (and ultimately it will be we) going to pay for it? For one thing, surely any case where someone may be found incorrectly to be guilty would count as one in which a substantial injustice would otherwise result, and the Appeal Court ruling was clear that the right extended to any case regardless of the seriousness of the crime. So that means in all cases, for all defendants, the State may be duty bound to provide a lawyer. Second, the Court of Appeal found that a range of international norms and standards is to be found in international covenants, treaties, guidelines, declarations and recommendations which though they do not specifically specify that the State must provide legal representation, imply that they should do so. This second point was not the subject of the headline news but perhaps its should have been for the Court stated that whilst under the old Constitution Kenya had not been bound by international law or agreements until they had been formally incorporated by national legislation, under Article 2(6) of the new Constitution which states that any treaty or convention ratified by Kenya shall form part of the law of Kenya this position may have changed. With this thought in mind the Appeal Court ruling noted (now take a deep breath) that the international Covenant on Civil and Political Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the African Charter on Human and Peoples Rights, the United Nations Body of Principles for the Protection of All Persons Under Any Form of Detention or Imprisonment, the United Nations Standard Minimum Rules for the Treatment of Prisoners, the International Covenant on Civil and Political Rights and the Commentaries of the United Nations Human Rights Committee may provide instances where legal aid is mandatory. Perhaps they do, but they, and others, also address many other issues. Are you getting our drift? The Appeal Court has confirmed that Kenya, under Article 2(6) of the new Constitution, is bound by international treaties, covenants and declarations etc whether passed in Parliament as specific legislation or not, a position that is directly contrary to the repeated denials made during last years referendum campaign, not least by The Daily Nation newspaper, that this was indeed the case. So you had better start reading the Kenya Law Reports in The Daily Nation and dont just read the headlines and the opening paragraph, read the small print too. You may find, despite what

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NEW CONSTITUTION THE POSITION MAY HAVE CHANGED

you were told, that with regards to gay marriage, abortion and several other issues, the position may have changed The Forum is sure that Monica Achode and Michael Muringi, The Daily Nation journalists who reported the Appeal Courts ruling, will keep us informed.

THE CONDOMS ARE COMING BUT JUSTICE COULD BE DELAYED

Now dont laugh, its a serious subject, Kenya has run out of condoms. The country needs 20 million a month just to keep going, if youll excuse the expression, and even more during the holidays. The problem, apparently, is that Kenyas population is growing too fast combined with the fact that a larger percentage of people are now prepared to use condoms, so demand has outstripped supply. Fear not, however, the United Nations has leapt into action and emergency relief supplies of 73 million prophylactics are even now on their way courtesy of the UNs Population Fund for Africa (UNPFA). The first 38 million are due to arrive in Mombasa on April 8th, the balance of 35 million due a short while later. A further 16 million are expected from the US following a government appeal for help and another 29 million are to be shipped by the end of August. It was Public Health and Sanitation Minister Beth Mugo who appealed to the US to provide the emergency supplies after admitting that the government had got its forecasts wrong regarding how many condoms Kenyans would be using. Well at least Ms Mugo admitted an error, its not often one witnesses a politician doing that. Minister Mugo has also been in the news however, for other reasons. Recently, at a press conference, she railed against Prime Minister Odinga and the ICC. PM Odinga, she said, was betraying his country and playing to the gallery of foreign powers. As for the ICC it was a kangaroo political court, established by Western countries for Africans, charged Mugo and, the same foreigners who came and did a mistrial on Kenyattas case are the same ones at The Hague. (Hell, they must be getting on a bit. Its doesnt seem likely to The Forum, Ms Mugo.) She concluded, They [the foreigners] are not trustworthy and they can not deliver justice. Perhaps not Ms Mugo but obviously they can deliver condoms when we need them and in three years and three months since the last elections Kenyas politicians, police forces and judiciary have failed to even look like bringing those responsible for the post-election violence to justice. Worth giving the foreigners a chance dont you think Beth?

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MARTHA KARUA FOR PRESIDENT - IS THAT SO FANCIFUL?

MARTHA KARUA FOR PRESIDENT - IS THAT SO FANCIFUL?

Martha Karua, the MP for Gichugu, has a fan in Makau Mutua, Dean and SUNY Distinguished Professor at the State University of New York at Buffalo Law School and Chair of the Kenya Human Rights Commission (although he really could do with a shorter title). Writing in The Nation recently he declared that There is something deeply attractive about her as a person and politician. Whats more, according to Makau Mutua, Karua is one of the top three presidential candidates (the others being PM Odinga and VP Kalonzo Musoka). As far as The Forum team is aware, none of our network is linked to Martha Karua in any way. So objectively, what is thats shes got? And, might she be on to something as well? Is her possible run at the presidency in 2012 as fanciful as it might seem? Karua certainly develops pretty good public relations under the circumstances. Hardly a day goes by when shes not pictured dancing with supporters, making a speech, or visiting some project or another. She is also quite sure footed as a politician, combined with an undoubted ruthless streak. When Kibaki ditched KANU in December 1991, Karua sided with him rather than with Jaramogi Oginga Odinga and Kenneth Matiba (a more obvious move at the time). When Kibaki faced pressure after the last disputed election she stuck with him again, virtually ensuring that he stayed in power. Since then she had ditched him (although he did pass her over in favour of Uhuru Kenyatta who was given the Deputy PM slot). Recent opinion polls have put Karua on about 5% of voter support. Not impressive by any means but registering nonetheless. And a poll in The Young Kenyan Leader (www.youngkenyanleader.com) had her fifth out of 230 nominated Inspirational Leaders voted for by 3,400 young Kenyans. Karua was only one place behind Jomo Kenyatta and one ahead of Mother Teresa of Calcutta! So not a bad base from which to launch a bid for the presidency. Whats against her? Well Karua is a woman of course, and this may be the new Kenya developing under a new constitution but a female candidate is still up against considerable voter resistance to the idea of a woman running State House. Shes also a Kikuyu, as is Kibaki and given the our turn attitude of many voters (e.g., the Luyhas, a much underestimated voting bloc) it cant be a Kikuyu this time round that will take the top job. Even as a representative of one of the most powerful voting blocs, GEMA, Karua is by no means assured of much support from that quarter. Many Kikuyus for example, see her as a traitor for opposing their (at present) chosen leader, Kenyatta, or at the very least as a trouble maker.

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MARTHA KARUA FOR PRESIDENT - IS THAT SO FANCIFUL?

Makau Mutua finished his article by posing an interesting proposition. What if Karua ran as Odingas running mate? Now that would be interesting. A Luo/Kikuyu (GEMA) alliance with the prospect of Kenya getting used to the idea of a woman in high political office. Surely not though? The Standard referred to Martha Karua the other day as the Iron Lady. Now where have we heard that before? Between 1979 and 1990 Margaret Thatcher was the Prime Minister of the UK. She too was dubbed the Iron Lady. In 1974, when Minister for Education she stated that she thought there wouldnt be a woman Prime Minister in my lifetime. Two years later Margaret Thatcher became leader of the British Conservative Party (voted in, it should be noted, by Conservative Party MPs who were virtually all men). The rest, as they say, is history

What Does Sepp Blatter and Politicians have in common?

13 years in power and still wants another term. Does that sound familiar? Well were not talking about our political leaders, but the current president of world football governing body FIFA. He has promised that this would be his last term if he was voted again. Whether this is just used as a tool to woo voters into voting for him or its genuine, we are yet to know. Weve seen this in the political scene where leaders promise to serve for the last term if you vote for them, only for them to continue holding on to power untilan uprising happens? Blatter has promised to promote the future of the youth and fight corruption to the fullest. But the manner in which he regained his seat in the 1998 and 2002 elections was questionable. There were accusations of bribery, financial irregularities and backroom dealings, by a third party, made in the British press by Farra Ado, vice president of the Confederation of African Football and president of Somali Football Federation, who claimed to be offered $100,000 to vote for Blatter in 1998. The man who was once labeled a man who has 50 ideas a day, 51 of them bad, is not shy of controversy. The latest being the awarding of the 2018 and 2022 FIFA World Cup to Russia and Qatar respectively. This has been considered the worst bids ever. Russia where racism is at high levels and Qatar where drinking is restricted and 50 degrees heat. In 2004 Blatter declared that female footballers should wear tighter pants to try and increase the popularity of the sport, saying: Let the women play in more feminine clothes like they do in volleyball for example, tighter shorts. His comments were not taken kindly by female footballers, unsurprisingly. Its completely irresponsible for a man in a powerful position to make comments like this, responded Charlton keeper Pauline Cope.

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What Does Sepp Blatter and Politicians have in common?

It was also revealed in March 2010 that he held talks with the Hockey president Leandro Negre about the effect of scrapping the offside rule. Are you serious? These are just some of the ideas Sepp had in mind but just to be fair to him, lets see what changes he has made in football during his reign. The silver goal replaced the golden goal rule in extra time of play-off matches. Under the golden goal rule, the match ends immediately if one side scores in extra time. The silver goal rule states that the match will end at the half-time period in extra time if one team is leading otherwise the match will continue until the end of the extra time period. Some fans believe that this rule change makes the game less exciting, while others felt that the game is more fair as a result. The new rule was first applied in the Euro 2004 competition, but it has since been discontinued along with golden goal. All competitions have now reverted to the traditional extra time rules, i.e. they must play the full amount of extra time, no matter what the score is. Since the 2002 World Cup, the current World Cup champion no longer automatically qualifies for the next World Cup finals, as was the case for the champions of all 16 previous World Cups.[39] National associations must now enforce immediate suspensions of all players sent off during a game, even if television replays offer compelling evidence of a players innocence. In particular, Blatter insists that a referees judgement must be seen as final and that mistakes are part of the game. The FA, however, has refused to follow this directive, and allows appeals against straight red cards (though not those resulting from two yellows). Under Blatter, starting in 2004, the game implemented the booking of players who remove their shirts after scoring a goal, as well as those who are guilty of over-zealous celebrations. The rationale for this rule change is that football is a global sport, and thus the sensibilities of conservative nations and spectators must be respected. In 2007, Blatter decided that no football matches will be played above 2500 metres (8200 ft) above sea level. This number was revised to 3000 metres (9840 feet) on 26 June 2007. The move had consequences for the Bolivia national football team, whose stadium (Estadio Hernando Siles) is located more than 3000 metres above sea level. (Wikipedia). So the other candidate who is running against Sepp Blatter is Mohammed Bin Hammam who has promised more transparency. Do we need a fresh blood in the hot seat or is it a case of Its better the devil you know than the angel you dont know. The forum thinks we should take the risk and bring in the angel.

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