Main Story
Fresh theft in Malili
as leaders go silent
By Martin Masai
EVEN AS the High Court entered the Malili Infamy with an order stalling transactions that may lead to the construction of Malili Technopolis, it is emerging that local political leadership has left citizens alone to be robbed.
Save for Kitui Central MP Charity Kaluki Ngilu who has been supporting the payment of Sh 1.4m for every 5,000 acres to Malili peasants, all other leaders-notably Vice President Kalonzo Musyoka, Kilome MP John Harun Mwau, Kaiti MP Gideon Ndambuki and Kangundo MP Johnson Muthama, had remained studiously mum.
This silence emerged as The Anchor obtained documents that show that some new players, hitherto unknown to the deal, have joined in and have most likely been paid over Sh. 100m, apparently for onward transmission to MPs or other players as a Silencer Fee.
It is alleged that the money has been spread to the ODM-K MPs and top Civil Servants, some coming from Ukambani in what is clearly a brutal theft from the poor.
A law firm- Kamotho Maiyo and Mbatia, located on the same Building with Eric Mutua and Company Advocates- the lawyers for Malili Ranch Limited have apparently been looped in.
Mr Kamotho Waiganjo, in a document seen by The Anchor has been instructed to move a Total of Sh 210m belonging to Malili Ranch, which seem to have been in his custody to four other firms.
The November 4 document was allegedly drafted from the offices of an ODM-K MP and instructed to be put on Malili Letterhead and be signed by new Malili leaders to effect the payout.
The documents bear instructions that Gateway Logistics be paid another Sh 60m, on top of the Sh 40m already paid to them by the former Malili Chairman Mr Josiah Munuka, now deceased. Malili Directors, in another document acknowledge that they sanctioned the payment of the Sh 40m to Gateway, representing a four percent commission as allowed by law for unspecified services to Malili.
Erict Mutua would also be paid another Sh 40m, the fact that he had been paid some Sh. 28m as legal fees notwithstanding. Interestingly, Malili Directors say this payment is as a result f the fact that Mutua ™negotiated with the Government on behalf of the company(Malili) (and) had to undertake amalgamation/collection of the individual plots and allotment/share Certificates to make a total of 5,000 acres.∫.
This information is obtained from a document that we have published elsewhere in this paper. However two directors of Malili- Mr Peter Kanyi and Mr Julius Kilonzo have distanced themselves from the contents o the documents which alleges they were present during the meeting held on December 14,2009 at Malili Ranch Boardroom.
The Anchor went a step further to find out if indeed such a meeting took place. Our findings are that the meeting took place but the conditions surrounding Mr Kanyi an Mr Kilonzo at the time could not justiy anyone to say that they were active participants at the meeting.
This is because they had been subjected to intimidation by the police and some politicians who demanded threatened them with tax payment demands unless they quit their positions as Chairman and Secretary of Malili.The said meeting took place the day Kanyi and Kilonzo gave up their positions.
It was held at the offices of Mr Mutua and not Malili since Malili Ranch Ltd has no boardroom unless it exists only in the minds of those who drafted the minute.The most curious instruction to Mr Kamotho Waiganjo is that he pays a whopping Sh 107m to a construction firm called CCH Master Builders Africa Limited. This payment was to be wired through its EcoBank Kenya Limited Account Number 0410200024, Plaza 2000 Branch, P.0.Box 27607-00506, Nairobi .
Our investigations reveal that CCH Master Builders are new entrants to the Malili Fiasco and may have entered after a disagreement arose between its owners and Gateway Logistics over the demand for commissions. Indeed, CCH is the beginning and end of the Malili riddle. So who is CCH Master Builders Africa Ltd? This is a matter of another day. But preliminary investigations are pointing at a wealthy politician and ODM-K King-pin whom we will not name until he responds comprehensively over what is going on at Malili.
The resolution to pay Sh 1.1m for the 7 acres means that each acre would go for Sh 157,000 and not Sh 200,000 that the government was paying for the land. So why would the directors of Malili want to pay Sh 300 less that the agreed price to poor farmers?An explanation that the reduced amount was being paid due to alleged theft of millions of cash by Malili Directors is the lie that the thieves have advanced.
The fact of the matter is that the thieves have decided to pay farmers less cash so that they can steal the rest of the money.Indeed the other explanation that part of the money was to meet costs of the survey and compensation of those who had erected structures on the land is hogwash- since those costs were supposedly defrayed with Sh 97m raised from the decimal 8 of an acre from each of the 609 parcels that make the 5,000 acre land that the sate is buying
Our investigations show that by the time Kanyi and Kilonzo exited as top officials, they had paid a total of Sh 157m to 112 members. If the decision to pay Sh 1.1 is upheld, it means that the thieves will save some Sh.149m to share among themselves after paying the remaining 497 members.Now we ask: Why does it take Mrs Ngilu- who is not a member of Malili to fight along the peasant farmers and not the MPs whose voters are being robbed in broad day-light?Why is Kaiti MP Gideon Ndambuki and Mr Mwau silent over Malili thefts? We have however established that Mr Ndambuki, himself a member of Malili was paid a total of Sh 2.8m for his two plots within the area. It means that he accepted Sh 1.4 per piece. So why would he remain silent after it became public that his poor constituents would be paid Sh 1.1m?
Questions are being asked why he failed to team up with his constituents the first time they convened at Malili and were scattered by the police as they queried why the transactions were being carried out in secret. Again when Mrs Ngilu joined in a protest meeting at Malili, Mr Ndambuki and Mr Mwau stayed away and only issued a statement saying he would not allow anyone to pay less money to the peasants.
Again, the peasants met alone at Malili Market and shouted themselves hoarse after the officials started paying Sh 1.1. Mr Ndambuki and Mr Mwau remain silent.
It was after the residents discovered that their leaders would not speak out that they raised funds and went to court to seek help. Sources indicate that Mrs Ngilu has offered to help the peasants fight for their rights
At the High Court, the government was stopped from buying the disputed Malili Ranch.The temporary order is effective for 14 days. Justice Roseline Nambuye made the order after she was told by a group of the shareholders that the sale is illegal.
The judge restrained the Permanent Secretary in the Ministry of Information and Communication Mr Bitange Ndemo, the Attorney General Mr Amos Wako and Malili Ranch Limited. They were restrained from selling, transferring or interfering with Malili Ranch for 14 days, allowing the first time that the mater will be discussed face to face, and not the boardroom sessions where vested interests have informed past transactions.
The Stete had paid an initial Sh 400m and has been holding a balance of Sh 600m. The Judge restrained the government from paying the balance of the purchase price of the land. The documents indicate that the government bought the land for Sh1 billion and has already paid Sh400 million. The Shareholders who went to court are Messers Timothy Mbuti, Joshua Kilonzi, Benjamin Muthoka, Rajabu Mohammed, Simon Muindi, Mutwiwa Mutetei and Kikuna Mutungi.
They are arguing that their land was sold without their consent or consultation. They told the judge that they have started to develop their portions and it is wrong for the ranch to sell the land without their knowledge and compensation.
They want the court to stop any transaction until they are consulted and fully compensated. The shareholders said despite the notice of intention to sue, the ranch and the government have refused to consult them.Knowing that the forces seeking the Malili Millions are strong, it remains to be seen how effective the court intervention will help. We were informed the forces seeking the millions would be storming the courts to reverse the stoppage order.
Besides, The Anchor has been informed that even as the haggling went on, the government was in the process of transferring the land to itself. If this happens, it means that the state will have made it easy for the thieves to even slash the funds further and set the stage for endless litigation, a development that will confirm that deep rooted corruption in Kenya is often fueled by the government itself
Efforts by The Anchor to talk to Mr Mwau failed as his aids said he was out of office. Mr Ndambuki staggered appointments for an interview with The Anchor Editor and we will bring his comments as soon as he responds, alon with Mr Muthama.
KCPE: Machakos at
historic rock bottom
By Nguma Kitone
AS Predicted by The Anchor, Machakos District is sliding towards oblivion in the performance of National Examinations.
With the outcome of KCPE , it is being confirmed that times when Machakos District was a household name in K.C.P.E performance is long gone and only memories of its past record linger.
Current statistics are so worrying and pathetic that they spell doom to the future of KCPE.
It is emerging that majority of the candidates presented to the examiner last year could not score half the marks.
The District managed a mean score of 235.18 and was ranked 114 nationally, clearly making it a pale shadow of what it was some 10 years ago when Machakos topped the entire republic.
Even then, Machakos District Education Officer Mr Abdulkadir Ali called The Anchor to share some `good news’ that the greater Machakos District had emerged as the best improved district at a rate of 6.7 percent. ™The Provincial Director of Education has just rang to congratulate me upon this improvement∫, Mr Kadir told The Anchor Editor Mr Martin Masai.(We are awaiting a letter of congratulations from the PDE to Mr Kadir, which we will run verbatim).
It however looks curious that an assessment on improvement could have been done on the basis of a district that was split up to over a year ago. Indeed the new districts of Kathiani, Mwala, Athi-River, Kangundo and Matungulu have their distinct education administration, let alone other government structures and it is mind boggling why anyone, let alone the PDE would want to assess Machakos with districts that became independent quite a while ago and are well set for competition.
Nevertheless, observers must ask: What could have happened to Machakos, given that the newly created Districts like Mwala and Yatta are doing much better and are ranked 46 and 67 respectively.
At a glance, 40 percent of all the candidates presented in Machakos will not meet the set cut off marks to join secondary school and will most likely join the ever growing army of school drop-outs.
This scenario condemns these children to a life of hopelessness. The under-performance puts parents in a quagmire not sure of what to do next.
In the whole of Machakos, less than 20 pupils scored 400 and above marks.
This unacceptable and unbelievable show means that only 20 Machakos students will go to national schools.
Makueni still keeps the fire burning and was ranked 18th overall. The big question should be: what is the root cause of the poor performance in Machakos District? Put another way; is the management of education in Machakos in the right hands? Are all the players- the District Education Board, District Education Office, the Branch leadership of the KNUT, parents, teachers and other stakeholders reading from the same script? That answer can not be in the affirmative. Reports dotting out pages in the last year or so show that all forces in education are pulling in different directions.
The Anchor carried out an investigation aimed at finding out what could be causing the below per performance and here is our findings.
Teachers and parents interviewed said that they were not surprised by the poor results and all admitted that come next year the story shall be the same or worse unless drastic changes are taken.
First, teachers moral in Machakos is at the lowest ebb due to skewed promotions on the part of school managers. Time is long gone when teachers were promoted according to their class performance and managerial skills. Today, promotions to headship in Machakos are pegged on how loaded your pocket is and whether you are ”obedient”∫ and ”supportive” to the ”system” in place∫.
Its seems that the Knut Branch leadership is in charge of promotions at the DEO’s office since only supporters of the current leadership of Albanus Mutisya gets promoted to headship.
A clique of 2 Education Officers from the DEO’s office liaise with KNUT office to find out those teachers who can fit in the system.
Few teachers can be appointed to any post without the approval of the KNUT boss. In a case in point, one of his key men at the Masaku Teachers Sacco, who had hardly served as Deputy head teacher for two years has now been promoted while some other teachers have been serving as deputies for over 10 years.
Presently, Mr. J Muthonga’s posting to perennial poorly performing Kusyomuomo Primary as the Head teacher has raised eyebrows and those who know how promotions are conducted in Machakos were not surprised.
™His elevation will not encourage anyone It kills our motivation and spirit to perform∫ said a Deputy who has worked as a Deputy for 13 years. ™Who can express our plight since KNUT is at the centre of everything and we can all not fit in the system∫ ?, asked the deputy head teacher.
Besides, staffing levels leave a lot to be desired in Machakos Primary Schools. Generally the government is to blame over the teacher shortage in schools. Since the inception of FPT, there has been an increase in school enrolment without a corresponding increase in the teacher pupil ratio. The result is such that teachers avoid giving any homework or excercises to pupils as they can not possibly mark over 80 books from each of their classes.
Worse still the available teaching staff in the District is not well distributed and the D.E.O should explain why teachers overcrowded in some schools while other schools face severe teacher shortages.
Many schools are understaffed and one wonders how teaching is conducted where 8 classes are manned by 5 teachers.
Some schools with 24 classes have over 40 teachers? This explains why some schools can never perform. All schools are equal and equality should be the norm when it comes to posting and staffing of teachers.
Another factor undermining education is insufficient materials. Despite the governments efforts to supply schools with funds to buy teaching aids and textbooks, the efforts have been hampered by corruption through book sellers and the school managers. School procurement procedures have been punctured, leading to loopholes that allow embezzlement of funds set to buy books, furniture and other materials
Katoloni primary school presents the best example in this case. The school is yet to enjoy money given to buy 40 desks after a teacher embezzled the cash, yet the D.E.O is aware and no steps have been taken to ensure that the money is refunded to the school and that the desks are bought.
When learners are over crowded learning cannot take place smoothly and learners have difficulties in undertaking assignments.
Another factor is the caliber of officers who supervise the education process. The Anchor discovered that most of them are gone beyond their sale-by date.
Machakos District has two Divisions Kalama and Central which are further divided into three zones. The two A.E.O’s have worked in the District in the same capacity for over 25 and do not have new ideas to cope with dynamic times presented by the challenges of Free Primary Education. years.
Worse still, it remains debatable if the AEOs are the best placed persons to ensure that education is improved in Machakos, given the fact that one of the is immersed in questionable actions and politics of Knut, factors that undermine integrity as education officers.
Top KCPE boys
cast a wide view
THE top Machakos Primary kKCPE candidate and number five in Eastern Province master Muli Nguli wants to become a Surgeon. His classmate Allan Kyalo 13,says he wants to become an architect.
Muli who scored 429 marks has his eyes on the prestigious Mang’u High school while Kyalo who got 418 marks wants to join Alliance Boys.
Muli said he wanted to become a medic so that he could be saving lives of the sick, especially accident victims.
The first born in a family of six said he was happy with the results saying he would now fulfil his dream of studying at Mang’u school.
Young Muli attributed his sucess to God, hard work and the maximum support he enjoyed from his parents and teachers.
”I have always looked forward to join Mang’u for my secondary education.it,is a dream come true”,he said.
We found the family having breakfast and Muli’s mother Mrs.Emma Muli,who is a lecturer at the University of Nairobi could not hide her joy.
™He has done us proud and we thank God for him∫, said the mother adding the family screamed the whole night with excitement.
She added that Muli is a very organised,focused and a time concious boy who spend his time doing worthwhile work. The father,a seasoned journalist Mr.Muli wa Kyendo said their son is disciplined, obedient and hard working.
Many a time I found him googling to find answers to Mathematics and other subjects∫,said Mr Kyendo.
He added that the internet is very useful in getting students understand if they use it in a sensible manner.
Allan 13 attributed his performance to prayers, hard work and supportive parents and teachers who spared their time to guide him.
His mother who is the Principal of AIC Mbooni girls high school thanked Machakos primary school teachers for guiding her son to success.
Opinion
Kadhi Courts debate exposes
naivety of Christian crusaders
By FR JOACHIM OMOLO OUKO,
I laughed when I heard that Evangelical churches have threatened to rally Kenyans to reject the new constitution if Kadhi’s courts are included in the draft. Under whose power or authority do they threaten to rally Kenyans? And who are they by the way?
First of all Federation of Evangelical and Indigenous Christian Churches of Kenya are very ignorant. Kadhi’s courts are not religious courts as they put it. Kadhi’s courts have been in the Constitution since independence and their jurisdiction covers only Muslims on issues of personal law and not religion.
Also ignorant are the representatives of the mainstream churches. Like Evangelical they have threatened to rally their followers to reject the draft constitution if Kadhi’s courts are not left out.
In their recent meeting – Dr Gideon Githiga of the Anglican Church of Kenya, Bishop David Kamau of the Nairobi Catholic Archdiocese, Presbyterian Church of East Africa moderator David Gathanju and John Mugecha of the African Independent Pentecostal Church of Kenya, they resolved that Kadhi’s courts should be included in the current Constitution.
I like the diplomacy of the National Canon lawyer of the Catholic Bishops in Kenya, Fr Dominic Kimengich in saying that the stand of the Church could only be communicated by the chairman of the Kenya Episcopal Conference, Cardinal Njue, who was at the time of clerics meeting was in Rome. In other words Bishop Kamau would have not spoken on behalf of the Kenya Catholic bishops.
Fr Kimengich is indeed very smart. He even said the cardinal can only make the decision after meeting the other Catholic bishops. The fact that he is the Kenya Episcopal Conference does not give him the power to speak on behalf of the bishops.
Fr Kimengich was so diplomatic when he said that an individual bishop may attend any meeting discussing such a matter. In other words bishop Kamau was right like any individual Kenyan to attend the meeting.
The church leaders’ statement which came a day after Chief Justice Evan Gicheru said Kadhi courts established under British colonial rule should not be abolished was a reaction to CJ’s remarks he made in Mombasa.
The church leaders are even bitter with the Committee of Experts, which is writing a new constitution. They have said that kadhi’s courts are not a contentious issue and therefore should not be rejected.
These so-called religious leaders are very naïve indeed. They think very narrowly. For them they understand that the Constitution was being changed to improve the lives of Kenyans. They only look at it in terms of Kadhi’s courts, abortion and same sex marriage. They do not know that with or without constitution abortion and same sex marriage will always be there whether they like it or not.
The fact that Kadhi’s courts have always existed in the current constitution, it would be too naïve to say that it should not be in the new one. Why religious leaders did not reject it for years that it has been in the current constitution. Or may be they were not even aware that it existed. God forgive them for their ignorance.
Religious leaders are not even aware that the Kadhi’s courts came into being with the independence Constitution in 1963 but had been in operation even before. They are anchored in the Constitution under Article 66 (8) which states: ™There shall be a Chief Kadhi, and such number, not less than three of other Kadhis as may be prescribed under an Act of Parliament.∫
Article 66 (12) says ™the jurisdiction of a Kadhi’s court shall extend to the determination of questions of Muslim law relating to personal status, marriage, divorce or inheritance in proceedings in which all the parties profess the Muslim religion.∫
Religious leaders’ sentiments have even influenced Tanzanian Catholic Bishops. They have challenged the idea of having the Kadhi’s Courts, arguing that if legislators debate it, as it is likely to be the case, then the state authority would no longer be neutral in religious affairs. This, they say, is at best to contravene the Constitution, for a secular state authority cannot lean towards a certain religious persuasion without seriously risking its national unity.
Even though Article 19 (2) of the United Republic of Tanzania’s Constitution (1977) states that worship and propagation of a religion is an individual’s private affair and therefore the state authority shall not involve itself in the affairs and management of religious bodies, this does not mean that the Kadhi Courts should not be introduced.
Kadhi, an Arabic term that refers to a judge, specifically meaning a Muslim magistrate who has the power of adjudicating on matters according to Islamic law otherwise referred to as Sharia law have been in operation ever since before Kenya’s independence.
The religious leaders in Kenya are not even aware that there are about 17 Kadhis nationwide serving in different parts of the country. These courts are located in various parts of the country including- Kwale,Kilifi, Mombasa and Lamu districts; Nyanza and Western provinces; several districts in Rift Valley province; Wajir and Mandera districts; Nairobi, Central and Eastern Provinces; Garissa and Tana River districts; Marsabit and Isiolo districts.
The Kadhis’ Court in Nairobi is located in Upper hill. Inquiries by prospective applicants may be made at the Registry or a court clerk who may offer assistance as to the proper documentation and payments necessary to be made before an application is made.
Without prejudice to section 65 (1), of current constitution there shall be such subordinate courts held by Kadhis as Parliament may establish and each Kadhi’s court shall, subject to this Constitution, have such jurisdiction and powers as may be conferred on it by any law.
The Chief Kadhi and the other Kadhis, or the Chief Kadhi and such of the other Kadhis(not being less than three in number) as may be prescribed by or under an Act of Parliament, shall each be empowered to hold a Kadhi’s court having jurisdiction within the former Protectorate or within such part of the former Protectorate as may be so prescribed: Provided that no part of the former Protectorate shall be outside the jurisdiction of some Kadhi’s court.
The jurisdiction of a Kadhi’s court shall extend to the determination of questions of Muslim law relating to personal status, marriage, divorce or inheritance in proceedings in which all the parties profess the Muslim religion.
The Muslims want it be included in the proposed constitution given that in the current constitution Kadhi’s courts have neither been satisfactorily integrated into the national legal system nor given their own proper structure and hierarchy, and no distinction made between the judicial role of the Chief Kadhi and his role as a spiritual leader.
In the proposed constitution the hierarchy of Kadhi’s courts will be as follows: Kadhi Court of Appeal presided over by the Chief Kadhi and two Kadhis -since many Districts with predominantly Muslim populations are far removed from Nairobi, where the Kadhi Court of Appeal would normally sit, the rules should provide that the Court should sit in these Districts on a regular basis.
The Supreme Court on appeal from the Kadhi Court of Appeal only on a constitutional matter, the Kadhi courts shall have jurisdiction to deal with civil and commercial law where all the parties profess the Muslim faith, in the manner of small claims courts (which are expected to be established shortly), without affecting the rights of parties to go to other courts or tribunals with jurisdiction over the matter.
The Chief Kadhi shall have the same status, privileges and immunities as a High Court judge, the Senior Kadhi as a Chief Magistrate and the Kadhi as a Resident Magistrate. The Chief Kadhi and other Kadhis shall be appointed in the same way as other judges.
Apart from the Chief Kadhi, who shall be a member of the Judicial Service Commission, a Muslim woman is nominated by the national Muslim organisation.
The qualification forappointment as Kadhis include having a degree in Islamic law from a recognised university and being an advocate of the High Court with, in the case of the Chief Kadhi, at least 10 years experience, and for other Kadhis, at least five years’ experience as an advocate of the High Court. Kadhis shall be full time judicial officers and shall not have responsibilities of a spiritual nature.
Quick action restores order
at stinking Mwingi mortuary
By John Musembi
MWINGI District Hospital now has new mortuary equipment. This means that those whose bodies are stored there will be preserved well before burial.
When our reporter visited the mortuary, ministry of health engineers doing final touches on the repair work which the medical administrator Mr. Ngugi Mbugua said had cost an upward of Sh.700,000.
™The repair works on the coolers in the morgue is almost complete now, it will be operational anytime. We will start receiving bodies anytime as the engineers are just monitoring the fitted mortar to ensure they are functioning properly,∫ said Mr. Mbugua.
He said that as the morgue was being repaired all bodies were being referred to another morgue in the neighboring Mwingi West district which was reportedly overwhelmed by the bodies being taken there.
Mr. Mbugua said that as the cold rooms were being rehabilitated the nine bodies that were still lying there had been embalmed and preserved in a store awaiting collection by relatives.
He however disclosed that the morgue could only accommodate 14 bodies adding that there were plans to build a bigger mortuary at the cost of Sh. 20 million in future.
The repairs come about three weeks after Vice President Kalonzo Musyoka visited the Mwingi district hospital morgue to find it in awful state with decomposing bodies sending out a pungent smell, the facility has been repaired.
The mortuary coolers broke down in 2006 leaving bodies preserved therein to rot and it was not until last December 18 that Mr. Musyoka visited the facility in a bid to salvage the situation.
Days before the VP who is the Mp for Mwingi North visited the morgue, his Mwingi South counterpart David Musila had also visited the place. Both leaders castigated the Mwingi district heath team for taking too long to rectify the situation.
During his visit to the morgue Mr. Musyoka endured the pungent smell of decomposing human bodies to venture right into the innards of the mortuary to see first hand the deplorable state of the facility.
Besides fighting the stench from rotting bodies that was powerfully assaulting his nostrils, the VP came face to face with rotting bodies heaped upon each other outside the collapsed cold rooms.
So shocked was the VP after touring the facility that he curtly told the Assistant Director for Medical Services Dr. Simon Mueke who conducted within the morgue; ™Dr. Mueke, you have a job to do here.∫
The Mwingi medical officer Dr. Daisy Ruto told the VP that the assaulting stench emanated from the 13 decomposing unclaimed bodies placed outside the morgue chambers that had not been embalmed and were awaiting court orders for them to be disposed off.
Key events, players and
evolution of the Malili Fiasco
How did the Malili Ranch issue become a fiasco?
By Martin Masai
The Government entered an agreement with Malili Ranch to buy 5,000 acres of land for build what will be known as Milili Technolpolis. The land comprised of 609 parcels of land measuring 7.8 acres.
Each acre would be bought at Sh 200,000. The State paid Sh 1.560 for each parcel. Malili Directors would pay Sh 1.4 to each farmer, leaving Sh 160,000 from each parcel (Sh97m in all) to cater for the administrative costs and compensation for developments of the land.
Leaders of the ranch- the late Mr Josiah Munuka, Mr Kanyi and Mr Kilonzo, with assistance of some Machakos lawyers begun buying plots from farmers at throw away prices- as low as Sh 400,000 per parcel and selling the same land to the government at Sh 1.4m. By November 2009, 112 parcels had been paid for. Sh 40m had been paid to Gateway Logistics as commission and another Sh28m to Eric Mutua as legal fees. Between Munuka, Kanyi and Mr Kilonzo, they had been paid nearly Sh 150m from the land transactions.
The dispute came to the fore late last year after the death of Mr Munuka when two Malili Ranch directors, Mr Peter Kanyi and Mr Julius Kilonzo, were charged with stealing Sh143 million from EK Mutua Advocates in Nairobi.
The two are out on bond and their case will be heard on January 29.
Lawyer Alponse Mutinda, for the seven shareholders, successfully urged Lady Justice Nambuye to block officials of Malili Ranch, Lawyer Mutua and government agents from releasing the money or trespassing, disposing, transferring or interfering with the disputed land, pending the determination of the case.
The judge ordered that the suit documents be served on the respondents. The shareholders fear losing out on both the money and their parcels of land. New leaders of Malili are Mr David Ndolo Ngilai(Chairman), James Munguti(Secretary) Julius Mbau Nzyuko(Vice Chairman) and Leonard Kitua( Treasurer). Kanyi and Kilonzo are now ordinary directors.
Other key players in the Malili saga are Minister for Information and Communication and ODM-K Chairman Mr Samuel Poghisio, his PS Mr Bitange Ndemo, Treasury PS Joseph Kinyua.
When the dispute first arose, Mr Kanyi and Mr Kilonzo alleged that they were taken to court after they rejected a plea by Kangundo MP Johnson Muthama that they sign an agreement for Gateway Logistics to be paid a fee for alleged commission for sale of them land. They sought refuge in the hands of Water and irrigation Minister Chrity Ngilu, who helped them meet Prime Minister Raila Odinga, saying that they would never allow gateway to rip off peasants of Malili Ranch
Mr Muthama is alleged to have reported the matter to the police, leading to the arrest of Mr Kanyi and Mr Kilonzo. He has since told The Anchor that it is true that he reported the matter to the police leading to the arrests and prosecution but he has, nevertheless denied allegations that he was fronting for the payment of the illegal commission to Gateway.
™ My motive was not to push for any commissions for anyone. I have no other interest in Malili other than to ensure that the right thing is done,∫ Muthama told The Anchor.
But since the two were charged and subsequently removed from the chairmanship, The Anchor has seen new signatures on an agreement backdated to February 24,2009, indicating that Gateway would be paid Sh 21,000 commission for the sale of the 5,000 acres, meaning that they would receive a total of Sh 105m from the deal, even when Gateway did nothing to enable the sale of the land to Malili.
Nevertheless, Mr Muthama has remained mum even as it emerged that Malili leaders will pay Sh 300,000 less than the agreed rate with the Government. So what has happened with his drive to have the right thing done at Malili? Why will he not report the current directors to the police now that they are paying less to farmers than what the government paid for? That is the question.
Kitui ranch stares
at bleak future
By Bon Mulu
in Kitui
THE future of the B2 Yatta Ranching Cooperative Society Limited in Kitui District existence if threatened by factors beyond its control, the society’s chairman, Mr. James M.Simba,says
Simba said that the invasion of the ranch by 500 squatters has drained the society of a lot of money in court cases. He said that from 2007 to 2009, the society has spend some Sh 901,000 on court cases and other expenses.
The chairman regretted that the lack of diversification to other income generating activities has also put the core activity under a lot of pressure.
Simba was speaking at Kwa Vonza location, Yatta division during the socety’s Annual General Meeting of the 30,200 acres ranch. It has a total of about 5,000 members who are from Kitui and Mwingi Districts.
Simba said that the diversification helps spread the risks of investment. He added: ™The weather conditions that prevailed the entire country for the last five years culminating with severe drought experienced in this area and elsewhere was a great challenge. Such weather conditions are bound to occur again and again due to the climatic change. The society should put mechanisms against such adverse conditions, for instance, by diversifying production into other areas.∫
The co-operator said that the society had a total of 2,322 cattle and some 224 goats in January 2009 that he said many of them had died by December 16, 2009. He disclosed that they had remained with some 477 cattle and 110 goats. ™We have a very weak stock base. We need to restock the ranch if we are to be in business. It is very difficult to obtain a loan to boost the sector and due to technicalities involved,∫ the society chairman said. ™ We have to seriously think and support other income generating activities so as to spread the risks involved. The devastating drought has led to deaths of many our livestock,∫ Simba added. Simba announced that the society is also supported by the Agricultural Business Development (ABD) Programme who are willing to finance the society to meet some of its obligations.
The gathering was also addressed by the Kitui District Cooperatives Officer George Nduto and the society’s general manager Stephen M.Katee among others. The society’s secretary Peter M.Kimanzi and the society’s treasurer Praxedes K.Ndeng’e also addressed the function. The District Cooperatives Officer had been accompanied by his deputy, Miss Rosa Muthoni Kimotho and his office’s auditor Peter Maluki.
Mutula wants CDF
manager probed
By Anchor Writer
FAILURE by the embattled Mbooni Contituency Development Fund (CDF) Account Manager Mr.George Malinga to hand over to his successor has irked the area MP.
Mutula Kilonzo,who is also the Justice and Constitutional Affairs minister has writen to the National CDF Secretariat Chief Executive Officer Mrs.Agnes Odhiambo expressing his outrage over the delayed process.
He asked the CEO to investigate the conduct of the out going manager in addition to prevailing on him to hand over to the new Account manager.
™I would like to be obliged if you could investigate the conduct of Malinga and prevail on him to hand over to the new manager. Malinga will not be accepted in Mbooni now or ever again∫,read the letter dated December 16.
Efforts to reach Mrs.Odhiambo for her comment were fruitless as she was said to be in Mombasa on official duty.
CDF funded projects have stalled following the stand off between the manager and the CDC comittee.
Things were thrown into disarray when the outgoing Account Manager boycotted a planned handing over ceremony for the second time.
Constituency Development Committe (CDC) members led by the chairman councillor Nzeki Mutulili and the new Accounts Manager Mr.Japheth Musee turned up for the ceremony at Tawa but Malinga failed to show up.
The outraged CDC officials accused Malinga of sabotage and urged the National CDF secretariat to intervene and facilitate the handing over.
™CDF activities have ground to halt because the outgoing Account Manager has deliberately refused to hand over∫,said Nzeki.
When contacted Malinga said he had not been informed of the planned hand over ceremony.
Residents of Machakos town took to the streets to protest the posting of Mr.Malinga as the new CDF Account Manager for Machakos Town.
The twig waving protestors matched from the CDF offices at Kinyali House to the District Commissioner’s office where they sought audience with the DC Benard Kinyua over the issue.
This was after they denied the Accounts Manager Mr.Malinga entry into the office when he reported to take over.
Yet in an intriguing development, The Anchor has received a letter written by the Mr Nzeki, glorifying Mr Malinga and recommending him as a highly efficient person. It remains unknown where the letter was going to and for what purposes.
Ngilu revisits
2007 elections
By A Special Correspondent
Water minister Charity Kaluki Ngilu has reignited the controversial 2007 presidential elections debacle, charging for the umpteenth time that Raila Odinga had actually won the poll.
Speaking during the launch of a water project in Salama, the minister said the fact that ODM has a majority 105 MPs in Parliament against PNU’s 73 was evidence of the alleged victory.
The minister said it was unfair that the Vice President Kalonzo Musyoka, whose ODM Kenya party has only 16 MPs should serve at the second highest office in the land.
™Raila’s ODM party has a majority MPs in Parliament. Were they voted for by ghosts?∫, she posed.
She said bad government and mismanagement of Kenya’s resource was to blame for resistant famine and water crisis that has afflicted this country.
This, she said has derailed Kenya ‘s development prospects, encouraged graft and impunity.
At the same time, the minister said that it was unfair for the country to continue begging for food for its citizens when the government has the capacity to produce enough food for its citizens.
™Why should we beg for food from Eqypt, yet the water they use for irrigation is sourced from Kenya ?™, the minister posed.
Kenya, Ngilu said was bestowed with some of the best climate in the world that allows more than 60 per cent of the country to have two harvests in a year.
™Unless we fix this malaise, future generations of this country will never forgive us∫, the usually combative Ngilu said.
The minister decried the culture and sycophancy, self aggrandisement and political conmanship which she blamed for current political impasse facing the country.
Other than provide leadership, some leaders had become petty in a bid to remain politically relevant in a fast changing political landscape.
She said she was talking to like minded politicians with a view to liberating Kenyans from political tyranny once and for all.
Ngilu said that days when Parliament was used to rubber stamp decisions made in restaurants were long gone and said the National Assembly will continue to exercise its mandate without fear or favour.
But she assured the public that the new found independence will not be used to witch hunt anybody.
™Mps are responsible and honourable people. We will exercise our mandate to the best interest of the electorate∫, Ngilu said.
She directed that Kilome Constituency residents be connected with water from the Kilimanjaro Water pipeline that traverses the constituency to Athi River.
Lately, Ngilu has been embroiled with political turf wars with Kalonzo over his call for a 3K alliance between the Kamba, Kikuyu and the Kalenjin.
The move has drawn a lot of political heat in the country, with Ngilu dismissing the suggestion as cheap and not befitting the holder of the Vice Presidential slot.
Shock at Machakos Hospital
By Jonathan Mutiso
in Machakos
POOR conditions at the Machakos General Hospital were in parade as Permanent Secretary for Medical Services came calling.
The pathetic condition at the hospital could not be cushioned as the PS, Prof James Kiyiapi came face to face with congested children’s ward and facilities that had been stretched to the limit, coupled with poor management of the facility.
The PS witnessed serious congestion at the hospital’s pediatric ward where a 30 capacity room is holding close to 200 children, bearing the hall marks of a death trap.
™We must invest in our children otherwise what other investment could we boast of?∫,he observed, adding the ministry will give the hospital funds for the construction of a proper children’s ward in the next fiscal year.
At the end of the tour, it emerged that problems facing the hospital, including lack of doctors was also afflicting other public hospitals in the country.
Even as officials complained of lack of facilities, the shame of inefficiency at the hospital popped time and again- especially over the threat to lose Sh 200m worth of equipment donated from Europe. The hospital may lose the equipment over failure to erect a building to accommodate the equipment at the hospital.
He announced that the hospital will soon receive kshs.121m worth of modern equipments to help enhance service delivery and efficiency.
The PS who spoke to journalists after a tour of Machakos General hospital said the government must improve the terms and condition of service for medical personnel with a view to retain and attract them in its service.
™We cannot afford to loose doctors at this rate and cheat ourselves that we are offering Kenyans quality health care∫, said the PS. Prof.Kiyiapi said Clinical Officers and 15 nurses will be posted to the facility to ease the serious staff shortage it is currently experiencing.
He pledged an urgent Sh.10m for the rehabilitation of the institutions electricity wiring system before the equipment are brought to avert destruction.
The PS also admitted there is a serious shortage of pharmaceuticals in government institutions which he attributed to strained budgetary allocations but assured Kenyans the matter is being addressed.
™Many of our hospitals were build many years back and are in pathetic conditions. We have been unable to put systems to the required level due to constraint budget∫, admitted Prof.Kiyiapi.
The PS called for improved management of the Facility Improvement Fund to check corruption and direct part of the funds in purchasing medicines.
™We are looking forward to a vibrant management to ensure we brought our heath institutions to the level they out to be for Kenyans to enjoy quality health care services, said Kiyiapi.
About the Author
Yes the Machakos Gneral Hospital is a state of the art facility and needs serious management and maintainance.Many people have lost their lives unnecessarily in the hands of the private hospitals in the town who lack the necessary equipment or even the good will to treat patients proffesionaly.Candy Musyoka,Nairobi.