Jamhuri High School was closed on Wednesday after students fought over allegations of religious discrimination.

It will remain closed until Monday to give room for investigations into what caused unrest, during which tens of students were injured.

Some of them were stabbed during the chaos that started on Tuesday when a Muslim and a Christian reportedly differed in the dining hall.

The matter was reported to principal Fred Awuor who calmed the students but trouble started again today.

More on this: 35 Jamhuri students injured in fight over religion discrimination

Awuor said: "Small issues always come up in schools. We are investigating the issue ... there is no school that lacks small issues."

Lonah Mumelo, chairperson of the board of the Nairobi school, said the reports from investigations will be evaluated and given to relevant authorities.

"We have to asses the situation. If it is what the school can manage, we will do so. All these things are under investigation."

She said the injured were treated and taken home by their parents.

Click here for the latest political news 

Bunge la Wananchi on Wednesday moved to court seeking to stop NASA from swearing in Raila Odinga and Kalonzo Musyoka.

The group, in a petition filed at the Milimani law court, accused the opposition of misinterpreting Article 1 of the Constitution.

They want the court to issue a declaration that NASA is in violation of the provision which states that "all sovereign power belongs to the people of Kenya."

Bunge la Wananchi argues that the intended swearing in ceremony will lead to civil disobedience if allowed to take place.

They claimed that NASA’s conduct risks exposing the government to unwarranted security challenges both internally and externally.

"If NASA are not restrained from conducting the swearing ceremony of Raila and Kalonzo, then there would be a breakdown of the law and order."

The lot further argue that this will result to consequences among them loss of lives and property.

Through their lawyer Dennis Koskei, they said that NASA has continuously threatened to infringe the Constitution by adopting a pedestrian interpretation of Article 1.

They also said the People's Assemblies passed by some 15 county assemblies was in violation of an existing order issued by the Kitui High court.

The group asked the court to note the Kitui court had restrained the People's Assemblies that NASA intends to use to stage the swearing in.

"On August 8 and October 26, 2017, Kenyans consented to exercise of its power to elected representatives who are the President, Deputy President, Governor, Deputy Governors, MPs, and Senators as enshrined in the constitution and have already taken oath of office," the petition reads in part.

In an affidavit filed in court, Henry Shitanda who is the president of the group, says that their Parliament is a social justice movement which operates by way of informal Bunges - ordinarily known as People's Assemblies.

Shitanda further states that their elections were conducted on December 17 where he was elected the president and other officials were also elected into office.

"Pursuant to the elections, I was together with the executive members duly sworn in on December 22 last as the President of the Bunge La Mwananchi," Shitanda said.

On Monday, The AG ‘s office through its lawyers also filed an petition challenging the constitutionality of the People's Assemblies.

Read: AG Githu Muigai files petition against creation of People's Assembly

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The UK government is set to inject £211 million (Sh30 billion) to support the second phase of infrastructure projects in measures to ease cross-border trade between Kenya and her neighbours.

Britain’s International Development Secretary Penny Mordaunt, who visited Kenya last week, was impressed by the progress made in the first phase of the programme that has since cut customs clearance times – from an average of nine to two days

UK Department for International Development was one of key financiers of the first phase that started in 2010-2016 and saw Trade Mark East Africa help reduce customs clearance times from an average of nine to two days, and reduced the cost of trading across the region with new cargo-tracking technologies and improved infrastructure.

“Here in Kenya, technology is delivering UK aid in new ways, from innovative cash transfers using biometrics, through to trade technologies that support economic growth, jobs and investment. It is in all our interests that we harness the best of British innovation with African entrepreneurialism – to create jobs, defeat poverty, and support our future trading partners, as we work towards a shared prosperous future,’’ said Mordaunt.

Mordaunt pledged £60 million (Sh 8.7 bn) to fund sustainable urban economic development partnership in 10 rapidly growing towns in Kenya. The money will go towards urban economic planning, investment climate reforms and attracting private sector investment.

UK has also invested £8 million (sh 1.16 billion) through the World Bank to assist the Government of Kenya in the development of more Special Economic Zones, private-public partnerships and select counties on doing business reforms.

The second phase of the funding is expected to further improve efficiency and capacity of transport, logistics and trade infrastructure at key port and border points, improve trading standards, reduce non-tariff barriers and enhance transparency in trade processes.

It is also expected to improve the regulatory and policy environment for trade as well as support private sector advocacy for trade competitiveness, the export capacity of East African businesses and the greater participation of women and small and growing businesses in trade.

We are excited to launch our second strategy with funding from UK Department for International Development worth Sh29 billion which is expected to further improve trade infrastructure, support enterprise and job creation in Kenya and the region,’’ TMEA said in a tweet.Strategy two offers large scale transformative impact, building on gains made to date but recognising substantial potential gains that can still be made. It will contribute to creation of jobs, increase exports from the region and reduce poverty for East African citizens,’’ said Frank Matsaert.

International Financial Reporting Standard (IFRS) 9 is live! January 1, the date ushering in a new era in banking, came and went. With IFRS 9 solidly in place, and most financial institutions gunning to ensuring compliance, it is worth taking stock and establish ing‘what next’, particularly in relation SMEs.

Following capping of interest rates in 2016, and the subsequent cash crunch in 2017, the year was not easy for SMEs. The prolonged political turmoil further exacerbated this problem with most SMEs having cash flow problems. On one end, the economic go-slow ein 2017 drastically affected sales proceeds. On the other, financial institutions reaction to ate caps largely hampered access to credit with banks taking a hard risk averse stance following the amendment of the Banking Act. The expectation that perhaps capping may be lifted left this space in limbo.

IFRS 9, designed in the aftermath of the 2007/2008 financial crisis by the International Financial Reporting Board, seeks to ensure financial institutions prudently recognise and account for financial risks. Particularly, to change the manner credit risk is recognised by financial institutions.

Prior to IFRS 9, financial institutions would recognise and provide for a loan’s risk at the time of default. Under IFRS 9, theyrecognise this risk during the loan life cycle. Particularly, risk should be recognised at the onset of the credit offering, and monitored during throughout. In effect, banks and other institutions will now have increased loan provision burden, which may negatively affect their profit and loss statements.

Further, due to the requirement to measure risk at the beginning of the credit life-cycle, financial institutions are expected to require more information from potential debtors to build a robust risk profile. Ideally, the cost of credit should in part be determined by the risk profile.However, as interest rates are capped in Kenya, financial institutions do not have flexibility of pricing a loan based solely on risk profile. Thus, most financial institutions, notably banks, either avoid chigh-risk debtors, or in attempt to recoup their risk, increase the cost of credit through hidden one-off charges when they offer credit.

Thus, banking sector analysts predict that in the face of interest rate caps and prudent reporting required by IFRS 9, SMEs may unfortunately be caught in the middle – with access to credit woes increasing this year, The challenge is how to de-risk SMEs or moderate the high risk perception. - IDB Capital MD

Uhuru Park in Nairobi is both a recreation space and a symbolic national shrine. It is for some the embodiment of the struggle for freedom and the unending quest for democracy. It is here that many battles have been fought and won, lives lost in the process, culminating in the inauguration of President Mwai Kibaki in 2003 that ended Kanu's decades-long tyranny. Symbolically, it was the choice venue for the promulgation of the 2010 Constitution of Kenya. And so on.

It behooves every Kenyan to preserve the sanctity of the grounds not just for these noble reasons; the park is the most popular place in the CBD where members of the public retreat to enjoy the freshness of the 'city in the sun' and meditate upon the challenges of their daily struggles.

Granted, the government may have have its issues with the NASA coalition's plans to use the venue for its swearing-in ceremony. But the frequent closures of the park for political reasons and for such long periods are both inconsiderate, selfish and retrogressive.

We believe the public interest has been sacrificed at the altar of political expediency in the decision to close the park, ostensibly for renovation.

Late last year I travelled to Rwanda. And while there, I learned that the magnificent new Kigali Convention Centre had received a massive boost in bookings as a direct result of cancellations for conferences initially intended for Kenya.

Apparently, our election-driven political uncertainties had made some major conference organisers a little wary about bringing their people to Kenya.

This Rwandan conference facility — which some Kenyans I know had dismissed as a white elephant — may yet turn out to have received just the boost it needs to rival our own Kenyatta International Convention Centre, which has dominated this region’s conference circuit since the 1970s.

And this is something that happens more often than you would think, in the life of a nation: One country profiting from the misfortune of another, even where there is no ill will between them.

To illustrate what I mean, consider the case of Kenya’s tea industry. For now, at least, tea remains one of our few cash crops, profitable enough to enable small-scale tea farmers to make a decent living.

Indeed, unlike the previously prosperous sugarcane farmers who we now read of as “watching their sugar cane rotting in the fields”; or the destitute coffee farmers who regularly receive empty promises of salvation to come; the only headlines we read concerning tea is when it is reported that “twilight girls have flocked to Nyeri (or Kericho) upon reports that the tea bonus is about to be paid.”

And yet luck has played a major role in this too — just as in the case of the Kigali Convention Centre.

Look at the list of the world’s top tea producers and you will find that China leads the pack (with about a million tonnes of tea produced annually) closely followed by India. Kenya is third with just about 30 per cent of what India and China produce, closely followed by Sri Lanka.

Yet when you look at the top tea exporters, it is Kenya which takes the cup. Why is this?

Well, it is largely because both India and China have very large populations, within which there is a sizeable middle-class. Hence plenty of tea-drinkers within the country itself, who can afford to drink as much tea as they want — leaving very little for export.

In Kenya, by contrast, we only consume about five per cent of the tea produced annually, leaving 95 per cent available for export.

The only real competition for Kenya among nations which primarily export their tea are Sri Lanka and Vietnam. Like Kenya, they are top producers who do not consume the greater part of their annual produce, but export it to other tea-drinking nations.

Now if you like reading contemporary history, you will already have figured out where I am going with this: Both Sri Lanka and Vietnam suffered from catastrophic wars within living memory.

In Vietnam we had the decades-long wars, first for their independence from France (the First Indochina War of 1946 to 1954 ); immediately thereafter came the US military involvement which did not end until 1973; and finally, a civil war until 1975. That’s about 30 years of almost continuous war, which left behind a totally devastated nation, and economic stagnation in the tea-growing regions.

And in Sri Lanka, there was an incredibly vicious civil war that lasted from 1983 all the way to 2009. No outside intervention, just the locals butchering each other. This decimated Sri Lankan tea production.

So, a strong case can be made that the real reason why the Kenyan tea subsector has flourished over the past decades is that the countries that would have provided us with serious competition were either drinking most of their tea or bogged down in terrible conflicts.

And thus, the question that we Kenyans have to consider is this: If both Sri Lanka and Vietnam continue to expand their tea production, will this escalating supply of tea on the world market lead to a collapse in prices?

And would this price collapse then end up in tea being yet another previously profitable cash crop, which only yields a harvest of poverty and misery for all who grow it?

American-based Kenyan journalist Peter Makori has accused Attorney General Githu Muigai of frustrating his compensation for torture and illegal imprisonment. Makori was awarded Sh5,053,671 in 2006, which has accumulated to about Sh7 million in interest.

He claims his effort to get paid has been frustrated over the years, with the AG’s office demanding that he forfeit close to Sh5 million of accrued interest on the award, in order to get paid.

Efforts by the Star to get an explanation from the AG's office over the delay were unsuccessful.

“Ever since the AG’s office was served with the court order to pay, officials at the State Law Office have been demanding that I ‘negotiate’ the accrued interest. The officials wrote to me in the recent past, demanding I accept Sh7 million out of a possible Sh12 million,” Makori said.

“I rejected the offer because it amounts to extortion, and the AG has no powers under any law to subject me to such negotiation,” Makori told the Star from the US.

Makori's is among hundreds of pending settlements — mostly from former President Daniel Moi’s era and the infamous Nyayo Torture Chambers — that lie in the State Law Office, some of whose claimants have died. And even though he can barely walk more than a decade later due to the torture, he is not giving up his stake without a fight.

HOW HIS TROUBLES BEGAN

Makori was arrested about 15 years ago while reporting on the killing of two chiefs in present-day Kisii county. He was later charged with the killing of an assistant chief, who was found fatally shot in his house in Bokeire sublocation.

He claims Flying Squad officers tortured him while in their custody, to extract a confession for a murder he insists he knew nothing about.

After spending almost 11 months in custody, Makori was released from Kodiaga Prison in Kisumu after the AG terminated his prosecution for lack of evidence.

He filed his complaint with the Kenya National Commission on Human Rights. The KNCHR Act, 2003, mandated the commission to constitute a quasi-judicial tribunal to hear cases of human rights violations and award damages to the victims.

The commission did so to hear his complaint. The tribunal found that the government was liable for the journalist’s torture and illegal detention and awarded him Sh5,053,671.

After the tribunal made its declaration of wrongdoing, Makori extracted the ruling and filed it in the High Court in Nairobi, where it was adopted as a judgment of the court.

Retired Deputy Chief Justice Kalpana Rawal directed the government to pay the awarded sum together with the accrued interest.

In 2013, Makori served the High Court order and decree for Sh8 million on the AG. He was urged to negotiate the accrued interest but refused, saying it was illegal.

“The AG is expected to uphold, maintain and protect the rule of law,” he says. “He has no powers to vary, modify or in any way seek to twist a court order to suit his whims.

“He is obligated under the law to pay the decreed amounts without question,” Makori insists.

A series of correspondence between Makori’s advocates and the AG’s office reveals the State Law Office's tenacious efforts to circumvent the court order.

In July 2013, Senior State Counsel Charles Mutinda wrote to Makori’s advocates, requesting that they negotiate the accrued interest on the awarded sum, despite the court order specifically directing the government to pay the compensation together with the interest.

“The solicitor general had on 1st July 2013 advised that we pursue a negotiated settlement with the Claimant. As such, I wrote to the Advocate for the Claimant on 17th July 2013 (folio 40) and offered to have this matter settled, at Sh5,053,671 being the amount awarded by the KNCHR tribunal without the accrued interest,” Mutinda said.

The State Counsel further wrote, “On instructions of the Claimant, his advocates, vide letter dated 22nd July 2013, rejected this offer for settlement and stated that the award by the KNCHR was filed and adopted as a judgment of the High Court and that there is no appeal against the judgment.”

Mutinda suggested that if the award cannot be paid, then the AG should consider filing a second appeal in the High Court to challenge it.

Makori dismissed this proposal, stating that the AG’s office ought to know that its right of appeal was exhausted more than 10 years ago.

“The Act in the repealed constitution, which established the then KNCHR, gave specific timelines on when an aggrieved party of the quasi-judicial tribunal ruling was to appeal. Where things stand, the AG’s office has no room to wriggle itself out. They must pay the money with interest as directed by the court or face further court action.

“After losing their appeal in the High Court, the AG’s office is using extralegal means to have their way.

“Either they have no clue that court-ordered interest takes care of inflation unless the compensation is honoured within a reasonable time, or they are guided with impunity to continue holding the payment, hoping that I’d one day cave in to their illegal demands.”

OUT-OF-COURT DEAL

In another curious development that shows poor coordination and confusion at the AG’s office, State Counsel Mary Murugi wrote to Makori’s advocates on July 7, 2014, asking for an “out-of-court settlement” of the award.

“Our client is still amenable to pursue an out-of-court settlement on the above in a bid to settle these matters once and for all, it is willing to offer your client Sh7,000,000 in full and final settlement (sic).”

In a recent letter dated May 8, 2017, Murugi wrote to advocate Ken Ogetto, for Makori, stating, “Our client is still amenable to pursue an out-of-court settlement on the above matter. In a bid to reach an amicable settlement and on a without prejudice basis, kindly quantify your client’s claim for our client’s consideration.”

Makori firmly stated, “I have refused, and I’ll continue to refuse these illegal and extortion overtures from the AG’s office. Even if it takes another 20 years to have this matter settled, I am not ready to compromise on what I believe is right and just. This is because the court did not say that interest on the amounts shall be determined by the AG.”

“The office of the AG has no mandate under the law to vary a court order. They can only appeal whatever they feel is questionable, but unfortunately, as it stands now, all their appeal avenues are closed,” he saud.

The journalist accused the AG’s office of usurping powers of the High Court to try and vary a court order, stating, “I cannot be party to extralegal mechanisms being employed at the AG’s office to undermine a legitimate court order.”

OTHER VICTIMS BLACKMAILED?

Makori alleged that he was privy to a number of torture victims who have been compelled to forfeit millions of their compensation money at the AG’s office after being blackmailed by officials. “They threaten the victims that their money will be withheld unless the claimants agree to a ‘negotiation’.”

“I am prepared to forgo the whole amount, if that is what it means to stand up for what is right. Evil cannot be defeated in society unless good people sacrifice for justice.”

Makori told the Star that two years ago, he sought the intervention of the office of Chief Justice (Rtd) Willy Mutunga to have the AG honour the court order, but Muigai set the CJ on a wild goose chase until the issue fizzled out.

“I petitioned the National Committee on the Administration of Justice — NCAJ — based at the CJ’s office, but each time, the AG promised the CJ to have me see him, I was given a runaround at the State Law Office until I gave up,” Makori said.

The journalist said he is still under treatment for the injuries he suffered in the hands of police almost 15 years ago.

“I have spent millions of shillings for treatment overseas, and therefore, the Sh12 million I am entitled to will be just nothing compared to the lifelong injuries I suffered.”

LIFELONG INJURIES

Dr Alvin Smith, a foot surgeon at Samuel U Rodgers Hospital in Kansas City, Missouri, in the US, who treated the journalist, said, “Makori suffered debilitating injuries and he shall live on constant medication for the rest of his life.”

In a 2010 evaluation, Smith said: “Makori admitted to a severe physical assault that resulted in injuries to both lower extremities. The patient admitted to being beaten in both feet with a wooden object by the Kenyan police in 2003.”

The foot surgeon said the journalist “has experienced pain periodically on both feet since that period. Makori experiences pain with palpation of the fifth metatarsal heads of both feet. The pain radiates along the lateral aspect of both feet in an ascending manner.

“The patient has taken multiple courses of non-steroidal anti-inflammatory medications, but he continues to experience pain. Makori suffers from chronic inflammation of the soft tissue fractures, for example, muscles, tendons, and nerves, due to this type of trauma.

“Makori has been informed that he may well experience this pain due to these injuries for the rest of his life.”

At least 357 cases of gender-based violence have been reported this month.

Gender CS Sicily Kariuki in a statement said this is an increase compared to 319 and 235 in December and November last year, respectively.

Of the reported cases, psychological torture leads, followed by physical assault. Nairobi county tops in the number of cases, followed by Kiambu and Kakamega.

Read: Stand up, speak out against Gender-based violence

In Nairobi, 222 cases of GBV were reported between November last year and January this year.

Of the 222, 134 were women, 47 girls, 11 men and 30 boys. Kiambu followed with 93 cases. Out of the number, 55 are women, 16 girls, 15 men and seven boys.

Kakamega is third with 57 cases. In Kakamega 24 women, 23 girls, two men and eight boys have reported violence cases. Lamu, Nyamira and Kericho had the least reported cases of GBV.

The reports were made through a 24-hour hotline service number 1195. It is managed by Healthcare Assistance Kenya and the Gender Affairs ministry. Kariuki said the increased cases are alarming and this demonstrates that GBV remains one of the most pervasive human rights violations in Kenya.

“I’m greatly concerned by the increased reports of numerous cases of gender-based violence across the country, including early child marriage, domestic violence and sexual violence,” she said.

“Of particular concern are the recent allegations of sexual violence at the Kenyatta National Hospital.”

Read: Say NO to Gender-Based Violence: 16 days of Activism against GBV

The CS urged Kenyans to be patient as the country awaits the outcome of the investigations initiated by the DCI on the KNH rape claims.

“I understand their concerns and urge for patience as we await the outcome of the investigations. I’m certain that in the fullness of time, we shall get to the bottom of this matter,” she said.

Click here for the latest political news

NASA is forging ahead with the installation of Raila Odinga as the People’s President next Tuesday despite a series of roadblocks the government is throwing in its path.

A day after the Attorney General urged the High Court to declare NASA’s People’s Assemblies unlawful and unconstitutional, police are laying elaborate plans to scuttle the swearing-in.

Another lobby group, Bunge La Mwananchi, yesterday sought orders in the High Court to stop NASA’s ceremony, arguing that it would cause “a breakdown of law and order with the consequence of loss of life and destruction of property.”

The Jubilee axis in Nairobi City County yesterday barred NASA from using historic Uhuru Park for the ceremony on January 30.

The county placed a notice in newspapers yesterday, announcing that Uhuru Park will remain closed to any gatherings and meetings until further notice. City Hall claimed the reason was to give the facility a face-lift “in order to enhance recreational usefulness to its visitors”. Some light works were going on yesterday.

But defiant NASA leaders said Uhuru Park is a public utility and they would not succumb to what they termed “arm-twisting and blackmail”.

“We are exercising civil disobedience, we do not recognise any edicts of the Jubilee government and its appendages, which include this purported notice from Nairobi county. We completely denounce it and will proceed as though there has been no such notice,” NASA Chief Executive Norman Magaya said.

Read: No turning back, Raila must take oath of office, says Ndii

Also read: 100 MPs sign up to support Raila oathing

Police said they will not provide security to an illegitimate exercise. National Police Service Spokesman Charles Owino ridiculed Raila and Wiper leader Kalonzo Musyoka, his running mate, for seeking to be sworn in using results of the nullified August 8 poll.

“The person the IEBC and the Supreme Court declared and confirmed is President Uhuru Kenyatta, so any other process that comes now in law is illegitimate,” he told the Star yesterday.

“We cannot provide security to an illegitimate process. We are officers of the law and work strictly within the law,” Owino said.

Despite the looming showdown, NASA was adamant, saying the ceremony will mark the triumph of the people over the police state.

“January 30 will mark the day of triumph of the people against the Jubilee junta. This day will demonstrate that the power of the people is greater than the power of the people who are purporting to hold power,” Magaya said.

Raila’s former legal aide Miguna Miguna was blunt.

“I understand Mungiki are being trained in Kiambu county to come and attack people at Uhuru Park, presumably to forcefully circumcise Luos and members of other ethnic communities. This is my message to NASA supporters: you have a right to self-defence,” Miguna told a press conference in Nairobi yesterday.

Police would not say whether they will forcibly disperse the gathering, wherever it occurs.

On December 17, an estimated 18 people died when police violently disrupted Raila’s homecoming caravan from Jomo Kenyatta International Airport after a week-long tour of the US.

Initially, there were reports that a church and a group posing as the Nairobi Business Community, allied to prominent Jubilee leaders, had applied to use Uhuru Park on the same day. NASA says it will marshal one million people to attend the ceremony, using its elected leaders — though it’s  doubtful the park can accommodate so many.

     Yesterday NASA People’s Assembly Secretariat head Dr Noah Akala maintained they will not change their venue.

“We are not changing the venue because we never announced the venue in the first place,” he told the Star.

He condemned the parallel event said to be planned by a group he called criminals allowed to operate freely in Nairobi.

“If a criminal organisation is allowed by the state to perambulate within our capital city unchecked, then we have no choice but to advise our supporters to take necessary measures to ensure their own personal security,” he said.

More on this: [AUDIO] Raila escalates oath plan, says will run government from exile

Also see: UN sent Obasanjo to stop Raila oath, quell political tension

Assemblies

By targetting the People’s Assemblies, Attorney General Githu Muigai has struck at the heart of Raila’s political machine.

NASA’s think tank says county People’s Assemblies and the National People’s Assembly threaten President Uhuru Kenyatta’s grip on power and are the only viable route for the Opposition’s protracted battle for ‘electoral justice’. Motions establishing the controversial People’s Assemblies have been passed by 14 county assemblies controlled by NASA. They state that they do not recognise Kenyatta as the legitimate President. On October 31 last year, Raila called the People’s Assembly the vehicle through which NASA “will exercise the solemn duty of restoring democracy, constitutionalism and the rule of law”.

Raila aide Akala pledged that the coalition will not allow Jubilee to negate the Bill of Rights, including freedom of assembly.

“The only requirement [to have a meeting] is to issue notification to the police within 24 hours of an event, according to the Public Order Act. We are still within that time frame and the people should take it easy,” Akala told the Star.

In court papers filed on Monday,  Muigai said People’s Assemblies violate the Constitution as they involve “spending of public resources on unlawful activities”, contrary to the Public Finance Management Act.

“The term is alien to the Constitution and is neither established within the framework of the County Government’s Act nor any other legislation. Establishment of assemblies is also not envisioned within the mandate or function of County Assemblies or indeed County Governments,” his petition reads. The petition will be heard next Tuesday, when NASA is to convene the National Constituent Assembly. Its highlight is the swearing-in of Raila and Kalonzo.

This is the second attempt to block the assemblies. On December 20, the High Court sitting in Kitui issued temporary orders stopping county assemblies countrywide from discussing or adopting the People’s Assembly motions.

That order stalled adoption of the motion in some NASA-controlled counties including Nyamira, Kisii and Turkana.

Yesterday, National Assembly Minority Leader John Mbadi denounced the Attorney General, saying he was becoming  a Jubilee activist to protect his job. He is also ODM chairman.

“His job is under threat. I don’t think we have an AG. It’s debatable whether we have a Cabinet,” Mbadi said. The AG’s role is to uphold the rule of law and public interest.

Mbadi asked, “Which public interest is he protecting in court? The public interest or the Jubilee interest? Is he Attorney General of Jubilee or the Republic of Kenya?” 

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As champagne and caviar wash down tough talk of world problems in Davos, the stench of rotten rubbish lingers over an alternative summit in Kenya aimed at tackling the chasm between rich and poor.

Welcome to the slum of Dandora: known for its fetid garbage mountain and - for this week only - playing host to campaigners who are fed up with top-table talk and say they see scant action at ground level where it matters most.

The annual World Economic Forum (WEF) in the plush Swiss ski resort of Davos brings together politicians and billionaires, corporates and celebrities for four days of summitry on the world's most pressing issues - issues such as global inequality.

But despite celebrating its 48th annual meeting, the WEF has failed to curb the rising wealth gap, say activists, who are instead lobbying for change at their own rival events this week.

"The WEF has continued to list inequality as one of the world's major challenges, and the WEF itself says it isn't getting any better. But also they have an interest in not fixing it," said Ben Phillips, director of Global Inequality Alliance, a coalition of 150 charities and trade unions in 50 countries.

"It's very nice to go to a fancy gathering, and over caviar and champagne talk about why every child should go to school and why every mother deserves good health care. But those same bosses who lobby for corporate tax breaks are taking away money from countries that would go into health and education."

Eighty-two per cent of wealth generated last year went to the richest one per cent of the global population, while the 3.7 billion people - who make up the poorest half of the world - saw no increase in their wealth, says the charity Oxfam.

Billionaire wealth has risen by an annual average of 13 per cent since 2010 – six times faster than the wages of ordinary workers, which has risen by a yearly average of two per cent over the same period, according to an Oxfam report on Monday.

Related: Dandora dumpsite’s days as eyesore are numbered

Also read: It will take more than good intentions to clear Nairobi’s garbage mountains

Marita Saie, 59, washes plastic plates which she has collected from the vast mountain of garbage in Dandora slum on the outskirts of Nairobi, January 23, 2018.  /Thomson Reuters Foundation/Nita Bhalla

A tale of two mountains

Phillips said communities in countries such as Kenya, South Africa, India, Pakistan, Indonesia and Mexico feel inequality will not be solved by the 'Davos man', but by ordinary people mobilising for their rights.

So events - ranging from concerts to soccer matches, mass meals to marches - are taking place to help some of the world's most marginalised understand their rights and demand action.

Located on the outskirts of eastern Nairobi, Dandora slum is a stark example of the inequalities faced by millions worldwide.

Established in 1977 and partially funded by the World Bank, with the aim of offering a higher standard of housing, the area has become the Kenyan capital's principal dumping ground.

The sprawling rubbish tip - which residents estimate is at least the size of three football fields - is a vast mountain, composed of everything from polythene bags and plastic bottles to soiled clothes, rotting food and animal faeces.

It is also one of the area's key employers.

For many of Dandora's thousands of residents eke out a living on the tip, collecting recyclable waste such as plastic bottles for a daily wage of about Sh200.

Amid the stench, 59-year-old Marita Saie squats by a dirty puddle, diligently washing a pile of polystyrene plates.

"I manage to make Sh100 to Sh150 in a day collecting things from the rubbish," said Saie, who is the sole provider for her two grandchildren.

"It's not enough to cover everything like rent and food. Even when I am sick, I can't afford to buy medicines, so I look for them in rubbish. I can't change this life, it's up to God."

Juliani, a popular Kenyan hip-hop gospel musician who raps on poverty, gender and unemployment, stands on top of a mountain of rubbish in Dandora slum on the outskirts of Nairobi, January 23, 2018. /Thomson Reuters Foundation/Nita Bhalla

Tax the rich

Campaigners say despite Kenya's stable economic growth averaging about 5.6 per cent of GDP over the last decade, the disparity between rich and poor is on the rise.

The number of super-rich in Kenya is among the fastest growing in the world, and Oxfam predicts the number of millionaires in Kenya will grow by 80 per cent over next decade.

Yet while a minority of Kenyans are accumulating wealth, the benefits of economic growth have not trickled down.

The United Nations says four in 10 Kenyans are poor, 13 per cent are "destitute".

But such inequality is not inevitable, say campaigners.

Higher spending on education and health would help close the gap, they say - and having a fair tax system is key.

Kenya relies on tax as its main source of domestic revenue, but contributions by the rich are negligible, said Oxfam. Capital gains tax, for example, is five per cent and there is no inheritance tax or net wealth tax.

Higher taxes could let the government invest more in sectors such as health, education and job creation, activists say.

And grassroots movements - where ordinary people understand the issues and can organise and lobby to change government policies - are the best way to achieve this, they say.

Also read: Waste recycling plant to be installed in Dandora, Chinese firm applies for tender

A resident of Dandora slum in Nairobi holds up a poster advertising the Usawa (or Equality) Festival taking place on Saturday to raise awareness of social problems and mobilise people to demand their rights, January 23, 2018. /Thomson Reuters Foundation/Nita Bhalla

Rap for change

So campaigners in Nairobi are organising the Usawa Festival, or Equality Festival, in Dandora on Saturday, with music and dance deployed to highlight social problems and engage people.

Juliani, a popular Kenyan hip-hop gospel musician - who raps on poverty, gender and unemployment and was born and raised in Dandora - said the aim was to shake people out of complacency.

"There is a lot of imbalance in our communities. The quality of life they are living is not what it should be," the 33-year-old dreadlocked star said beside the heap of squalour.

"People here think this is a curse from God or because they are not working hard enough. They have become comfortable with the injustice. So we want to make them see it doesn't have to be like this, and their lives are supposed to be way better."

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Kenya came under pressure on Wednesday to halt security operations in a forest where a man was killed last week.

Activists called on Finland to follow the European Union in suspending aid they said was fuelling the land conflict.

A court in the western town of Eldoret on Monday ordered forest guards and the police to stop evicting the Sengwer from Embobut forest, which they claim as their ancestral land, until February 27 when it will hear their case.

More than 100 armed Kenya Forest Service (KFS) guards entered the forest on December 25, firing gunshots, burning homes and killing livestock, the Office of the United Nations High Commissioner for Human Rights said.

"Most of the members of the Sengwer community are hiding in the forest, staying in caves and other highly vulnerable places exposed to the dangers of wild animals and vagaries of the weather," 21 Sengwer petitioners said in court documents.

"The assault, burning and destruction of their properties is a violation or threat of violation to their right to life."

Read: Outrage after KFS wardens kill Sengwer herder in Embobut forest

Also read: State trying to wipe us out, say Sengwer group

Their battle illustrates global tension between indigenous peoples and conservation policies excluding them from protected forests. Land is an explosive political issue in Kenya.

The EU shelved a $35 million water conservation scheme in the forest on January 17 after KFS guards killed a man belonging to the hunter-gatherer community, which opposes the aid project.

More on this: EU suspends Sh3.6 billion water project over Sengwer rights abuses

The union and Amnesty International will visit the forest on Thursday, activists said.

The Sengwer petition, seen by the Thomson Reuters Foundation, said they went to court after hearing local media report on Jan. 19 that "the government would undertake air and ground operation to evict all persons in Embobut Forest".

Police and county officials were not immediately available to comment. Environment minister, Judi Wakhungu, said last week that security forces were flushing criminals out of the forest.

Almost a dozen international rights groups called on Finland on Wednesday to suspend a 9.5 million euro ($12 million) project, working with KFS to support the forestry sector.

"This is funding the ongoing human rights abuses by KFS that involve the burning of homes, forced evictions, and now their killing of a Sengwer community member," the groups, including the UK-based Forest Peoples Programme, said in an open letter.

The Sengwer have fought for more than five decades for the right to live in the Embobut forest in the Cherengany Hills, from where they were first evicted by British colonialists in the 19th century.

"It's our call to the Finnish government to suspend this project just like the EU," Sengwer activist Yator Kiptum said on Wednesday. "KFS just continued burning homes today."

Dedan Ndiritu, KFS's head of conservancy in the region, told the Thomson Reuters Foundation by phone on Wednesday, that the situation in Embobut forest was "normal" and "not much is happening there". 

Also read: Kenya flushes out 'criminals' in forest dispute after Sengwer killing

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Residents of Hulugho subcounty are travelling for 90km to Masalani town to access the mobile phone network  after a Safaricom mast was destroyed  by al Shabaab last month.
They also have to travel long distance to access M-Pesa services because there are no banking facilities in Ijara and Hulugho subcounties.
During the attack on the border town, the militants also torched police vehicles.
According to residents who spoke to the press, the network problem has made life ‘extremely difficult for  us”.
Abdi Mohamed, a resident of Hulugho, said there is no network in Hulugho, Sangailu and Ijara.
“We are appealing to the network providers to come to our rescue because, virtually, everything has been grounded here for lack of communication,” Abdi said.
“We are also  appealing to Airtel and Telkom  to extend their services to these areas so that this issue of relying on one service provider ends.”
Mariam Hussein, another local, said many people have been forced to move from their villages to areas where there is network coverage.
Safaricom engineers, who sought anonymity, said they are constructing a big huge mast that will serve serve Ijara, Hulugho, Fafi, Garsen, Bura   and parts of Lamu.
The problem has, however, helped M-Pesa agents in Masalani, who are making a killing as customers from the affected areas are seeking their services.
 Taxi and matatu operators are also cashing in as they ferry the residents.

Businessmen and women at Tangakona market  have threatened to boycott paying tax to Busia county government starting today.
Traders’ leaders Moses Wanyonyi and Christiano Mbuya said the market is dirty. “There is only one operational toilet in this market. It has not been washed for months now since people who were cleaning it boycotted citing nonpayment by the county,” Mbuya said.
 He added,”The market itself is also filthy. There is litter all over, posing a health hazard. We cannot be paying tax to the county and clean the market ourselves.” They also cited lack of clean water, small space and lack of sheds and stalls. “There is a borehole at the market but it is ever locked. It was drilled to help us but it is useless. The market space is so small, we are forced to squeeze and it’s so uncomfortable. The market should be expanded and developed.”
The traders say they have raised the complaints with the relevant departments in the county but no action has been taken. “We are only left with one option, to boycott paying tax until the issues raised are addressed,” Wanyonyi said.
The traders urged Governor Sospeter Ojaamong (pictured) , Nambale MP John Bunyasi and Nambale Township MCA Mwajuma Toloi to address the issues. The market, one of the biggest open air markets in Busia county, serves Teso South subcounty, Matayos and Nambale.
It lies at the border of the three subcounties, though located in Nambale.


 

Bungoma Education executive Betty Mayeku and chief officer Monica Fedha on Tuesday could not answer bursary queries from the assembly’s Implementation Committee. The nine-member committee is chaired by Khasoko MCA Sitati Makhandia. It summoned the two to explain how the scholarship was being awarded across the county’s 45 wards.
The committee also sought to know why there has been delayed bursary distribution. Khalaba MCA Majimbo Okumu questioned the criteria used to distribute the money. “How is the Sh20 million being issued in the scholarship programme?” he said. The newly sworn in executive excused herself from most of the questions. She has been in office for a day. Sitati asked the two to provide within two days the laws and guidelines used to distribute the bursary.

The petitioner challenging the victory of Nyamira Governor John Nyagarama has urged the courts to nullify the  results and order fresh polls. Former Kitutu Masaba MP Walter Nyambati, through his lawyer Kennedy Nyaencha, told the court the results announced did not reflect the will of the people.

“The petitioner has proved his case in the balance of probabilities in the whole election. The election, therefore, would not be said to be the will of the people of Nyamira county,” Nyaencha told the court on Tuesday. He said the will of the people was subverted by the actions of the first, second and third respondents and the only way for the people to exercise their will is to have the results nullified.

IEBC and county returning officer David Towett, through lawyers Jackson Nyamweya and James Mamboleo, said the IEBC conducted a fair, credible and verifiable election that reflected the will of the people.

IEBC midwife

“The IEBC is a midwife. It midwifed the voters of Nyamira county a bouncing baby boy during the August 8 General Election. The baby boy is well and is in court,” Mamboleo said. He said the will of the people was expressed and it is the responsibility of the court to uphold the will of the electorate.

No perfection

Mamboleo said no election is perfect. “Even the law recognises there is no perfect election,” he said. On bribery allegations, Mamboleo said the evidence given about bribery allegations was shaky and could not be proven beyond reasonable doubt.

“Administrative errors resulting from human imperfection cannot deofficiate an election result,” he told Justice James Makau. 

A ruling will be made on February 28.

Kenya Para-Volley Federation will embark on a talent search programme in April as they seek to identify players ahead of the 2019 World Youth Championships in South Africa.
The exercise will be conducted with collaboration with counties and special schools throughout the country.
“We are looking forward to fielding a junior team at the 2019 World Youth Championships and we need to introduce them to the game early enough. This will in the long run inject competition amongst players, especially when it comes to selection of national teams,” said KPVF president Polycarp Mboya.
In the meantime, a debt of Sh171,059 could prevent Kenya from honouring the last round of the World Championships qualifiers set for between April 27 and May 5 in South Korea.
This includes Sh151,164 in membership fees to the world governing body for the 2018 and 2019 season and Sh18,895 in arrears from last year 2017. The deadline for the payment is February 15.
“We have high chances of qualifying  but without clearing the debt, we will be locked out of the tournament. We are urging the ministry of sports and well-wisher to help us honour our obligations to the world body,” said Mboya.
]Meanwhile, the national sitting volleyball circuit serves off in March in Meru and the KPVF technical bench, led by Vitalis Odhiambo, will select the men and women’s national teams to South Korea.

The 2015 New York City Marathon champion Stanley Biwott has been added to the London Marathon field.
Biwott pushed his compatriot Eliud Kipchoge to within eight seconds of the world record at the 2016 London Marathon as the pair battled it out over the second half of the course.
The 31-year-old finished second to Kipchoge on that day in 2:03:51, making him the sixth fastest marathon runner in history. It was the second time Biwott finished runner-up at the London Marathon after trailing only Wilson Kipsang in 2014.
Biwott, who won the 2012 Paris Marathon, joins an already star-studded field with Olympic champion Eliud Kipchoge, Ethiopian legend Kenenisa Bekele and Olympic double champion Mo Farah all enlisted. Ethiopia’s Guya Adola, who pushed Kipchoge to the limit at last year’s Berlin Marathon, is also on the startlist.
Adola’s time of 2:03:46 was the fastest debut marathon ever.
Three-time Olympic champion Tirunesh Dibaba has been added to the women’s field. Dibaba has twice appeared in London before and has improved with each performance. She made her marathon debut in London in 2014, finishing third in 2:20:35 before returning last year and coming second behind Mary Keitany in an Ethiopian record of 2:17:56, putting her third on the world all-time list behind Paula Radcliffe and Keitany.
She returned to the track last summer to win a silver medal in the 10,000m at the IAAF World Championships London 2017 before picking up her first marathon win at the Chicago Marathon in October (2:18:31).
That victory put her joint top of the Abbott World Marathon Majors (AWMM) Series XI leaderboard which started with last year’s Virgin Money London Marathon and concludes after this year’s race, counting the results of the World Championship marathon plus the marathons in Berlin, Chicago, New York, Tokyo and Boston in between.
A win for Dibaba in London this year will ensure she would secure the AWMM Series XI title. Organisers of the London Marathon have also announced several British additions to the fields.
Charlotte Purdue, who was the first British woman home in 13th place in the marathon at the 2017 World Championships, returns for the third successive year. Purdue has run the past two London Marathons, finishing 16th in 2016 in 2:32:48 and 15th last year in a PB of 2:29:23.
She will be joined on the start line by Lily Partridge, who will be making her London Marathon debut. Partridge, who has represented Great Britain on the road, track and cross country, made her marathon debut in Seville last year, finishing in a time of 2:32:10.
World Championships representative Tracey Barlow, 2016 Cape Town Marathon winner Tish Jones and debutante Rebecca Murray are also in the field.
Jonny Mellor, who set a PB of 2:12:57 at the Berlin Marathon last September, will compete in the elite men’s race alongside Olympian Tsegai Tewelde and Aaron Scott.

Dry or sore throats, blocked or running noses and sneazing.

Ah the common cold. And it spreads fast since it is communicable.

Dust, humid weather, allergies, high temperatures also have a role to play when it comes to this infection that makes an average of a week seem like eternity.

The nose, throat, sinuses, upper airways and lungs get infected, leaving a person with watery nasal secretions for the first few days and a thicker and darker substance later on.

But dark mucus is natural and does not usually mean you have developed a bacterial infection, such as a sinus infection.

During the first three days of a common cold, the sufferer is contagious - he or she can pass the cold on to others - so it is recommended that the person stay at home and gets as much rest as possible.

If there are no improvements after a week, the infection may be bacterial and the individual may require antibiotics.

Human beings have been infected by this virus for centuries so management is what makes the difference.

The 'handkerchief nightmare'

Many people with the common cold simply draw the mucus back when it starts to run, usually irritating those around them.

Neighbours, at work places for example, get distracted and even angry as complaining about sniff relief might be deemed unkind.

Sniffling may be caused by sinus problems and sinus-related symptoms which are common reasons why people see their doctors.

Symptoms include pain in the forehead or between the eyes, toothaches, feelings of fullness in the mid-face, stuffy noses and congestion.

Most cases of sinusitis start with the inflammation from a common cold. This inflammation can lead to bacterial colonisation and cause a bacterial sinus infection.

Of blowing the nose, Everyday Health says: "Keeping a handkerchief always at the ready - the old standby for cold management - doesn't really pass the test of modern-day cold prevention."

A bottle of hand sanitizer is recommended.

Of this, Denise Link, a nurse practitioner in Phoenix and governmental affairs officer for the Arizona Nurses Association, is quoted as saying: “While it might sound a bit extreme, that’s probably not a bad idea."

Blowing your nose is a good way to let mucus out and it is said the best approach is a nostril at a time by blocking the other with a finger and blowing gently into a tissue.

Blowing the nose could also save you days of the infection. The Conversation says: "Keeping this mucus (rather than blowing it out) is thought to contribute to a cycle of irritation that causes the snotty nose to persist for weeks or longer."

"Thick retained mucus is also more likely to be transported to the throat rather than gravity working it from the nostrils, leading to throat irritation and possibly a cough. This is the mechanism behind the most common cause of prolonged cough after a viral infection or hay fever, known as the post-nasal drip cough."

Other remedies

Staying at home and getting plenty of rest.

Drinking plenty of fluids such as water, juices, broth-based soups and sports drinks. These turn the thick mucus into a thin version that can be coughed up and spit out. Other solutions can be bought from pharmacies or prepared at home. They include warm lemonade and concoctions of lemon, honey and ginger.

Salt water nose rinsing, which is an effective way to ease congestion and clear viruses and bacteria. Allow a pint of boiled water to cool down until it is warm then dissolve half a teaspoon of salt into it and rinse it into the nose.  You can also use devices such as bulb syringes or just a clean, cupped hand.

Taking care of the sore throat and the cough by taking medicine. Over-the-counter treatments such as expectorants turn mucus into liquid, making it easier for an infected person to get rid of it.

The Conversation adds: "Paracetamol helps fever as well as pain, but it doesn’t work as well as ibuprofen for fever control. Humidified air, nasal irrigation and ginseng are all of unclear benefit. Oral zinc as lozenges does appear to be of some benefit. Honey might help but so does chicken soup – especially if made by your mother!"

Minding manners to keep from infecting others. Call in sick if you can because you are sick and very contagious.

Where some need more help than others

Scientific research indicates women know how to control their cold/ flu better than men and the reasons why may have been uncovered, according to the Express.

"Oestrogen - the female sex hormone - may weaken the flu virus in women. A virus infects the body by entering a cell and replicating itself - and is then passed on from person to person.

"Although the hormone is found in men and women, the virus’s ability to replicate in women is reduced by oestrogen."

The Express says that according to a study by author and professor Sabra Klein, of Johns Hopkins Bloomberg School of Public Health in Baltimore, "the lesser the replication, the less likely the person suffering from the flu is able to pass it on to others."

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Interior Cabinet Secretary Fred Matiang'i has denied allegations by the Standard that a minister is having an affair with a young member of his church where he also serves as an elder.

The newspaper did not name the cabinet secretary.

But in a letter on Thursday, Interior communications director Mwenda Njoka called for the retraction of the story and an apology in seven days.

"In an article previously published in your newspaper, you have used adjectives such as 'no-nonsense, outspoken and strong Christian' to describe CS Matiang'i. It is for this reason that we have reason to believe the CS your article was disparagingly referring to is Matiang'i,” reads the demand letter to the editorial director.

Mwenda said the article contained unsubstantiated claims that were not accompanied by "a shred of evidence".

“The net effect was to defame and vilify an innocent public servant in the eyes of his peers, family, and right thinking members of the public."

The article says the women the minister is having an affair with is a soloist in the church choir. He has allegedly bought a house for her within the city.

The alleged affair came to light after the woman's mother and the CS's wife reportedly got wind of it.

The wife is said to have confronted the girl's mother, forcing his lover to confirm the accusation which has shocked most of the church members.

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Yvonne Wamalwa, the widow of former vice president Kijana Wamalwa, has died.

A family member told The Star she died of an unknown illness on Thursday, while in Nanyuki where she went to visit her sister.

Yvonne had been in and out of Nairobi and Coptic hospitals.

Her body was transported to Lee Funeral Home in the city.

Yvonne was the second born in a family of four - three girls and a boy. 

She grew up in Parklands, Nairobi, before moving to Kileleshwa, and attended City Primary School and Cardinal Otunga Girls High School in Bungoma.

Yvonne then went to Kenya Polytechnic and West London College where she studied Hotel Management and Tourism in 1994.

She later graduated with a degree in terrorism, counter-terrorism and extremism after studying at Murdoch University from 2008 and 2011.

Wamalwa's widow served as Ministry of Foreign Affairs director for the Asia and Australasia Directorate,

After the death of her husband, former president Mwai Kibaki appointed Yvonne as Kenya's permanent deputy representative to the United Nations Habitat.

Wamalwa died from a heart attack at Hampstead in the United Kingdom on August 23, 2003.

His rise in politics marked the change of generation from the elderly pre-independence one to a younger one.

Under his leadership, there were radical changes in policies, from the centrists’ point with a nationalist perspective to rightwing and inward looking policies.

It was often said that Wamalwa was headed to State House and Wafula Buke said he was and remains the kindest man in his generation.

More on this: The big shift in the Luhya political nerve centre

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