Below is an attachment of academic “credentials” that immediate former Kisauni MP Ali Hassan Joho presented to the IEBC for clearance as aspirant for Mombasa county governor. He is contesting the seat on an ODM ticket.

On careful review, fundamental questions pop up on the authenticity of these documents.

It will be hard for anyone to persuade my mind that these are genuine documents.

This is what I believe!

  1. Clearly that Kampala university letter is a fake.
  2. Serani had no secondary school during Joho’s time. Plus as seen on the handwritten form, there is no indication on when Joho was either in primary or high school.
  3. The letter from the commission for higher education has an indemnity clause on authenticity saying “The commission IS NOT accountable for the authenticity of the certificate or the identity of the certificate holder….” and signed by Beatrice Odera.
  4. The results slip is unbelievable. Bright student Joho be. “ MINIMUM GRADUATION LOAD (CUs) :197 and his TOTAL CREDITS: 95 !!!!!!????
  5. The Dean of the college of Business & Management Studies says that Joho will graduate this month. The IEBC accepted and cleared him on 29th January 2013 as a graduate from Kampala University. Are we saying that the IEBC never saw this? Why clear a university “student?”
  6. For him to graduate this month, he needs to have at least joined University in 2009 (or thereabout). At the time, Joho was was an MP (has been since 2008) and was attending parliament sessions according to hansard evidence.
  7. 1 to 5 be as they may, the IEBC’s moral and ethical questions under section 9 from ‘c’ is there a false oath on the part of Joho and thus fails the integrity test.

Joho’s Documents Set 1

Joho’s Documents Set 2

Joho’s Documents Set 3

Something fishy….or maybe I am wrong!

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The Miguna Miguna

A statement by MIGUNA MIGUNA today February 18, 2013 

“Let me at the very outset say that by the grace of God/Allah/Nyasaye I am free, alive and healthy – and at my home in Nairobi. In fact, I have not left my house the whole day today. I understand that there are despicable false rumours being circulated and disseminated by Raila Odinga and his agents that I have been arrested and is in police detention. I consider these rumours to be the height of desperation of a man who knows that his campaign has reached a dead end. Fortunately for Kenyans, rumours and propaganda – which is what Odinga excels in – don’t vote and will not vote on March 4, 2013.
I would like to disclose to the public that at about 6:30am today, my nephew who lives with me informed me that our house help confessed to him last night as they were watching my K24 TV live interview that Mr Odinga’s agents, who used to be my bodyguards – Odhiambo and Anyul – offered her Sh1 million and gave her poison to put in my food this week. They also offered to give her gargets to tape all my telephone conversations, my conversations with third parties who visit me at home and to report to them details of my movements. My nephew reported to me that the house help stated that she was considering these offers in view of my “attacks on the Prime Minister.” Apparently, she claimed that I was responsible for the wave of rebellion against the PM in Luo Nyanza.

At about 7:10am, I terminated the house help’s employment in writing and paid her the monthly salary of Sh10,000 even though her pay is not due up to the end of February this year. She signed the termination letter voluntarily. There was no physical contact between me or my nephew and her.

Interestingly, as she was signing the termination letter and pocketing the money, both Odhiambo, Anyul and high ranking officials from the Office of the Prime Minister were busy calling her mobile telephone. I then decided to detain the two mobile phones so that the police could investigate this serious matter thoroughly. 

When I asked the house help to put her things in a vehicle so that my nephew, who was present throughout, could drop her at the bus stop, the lady refused. Instead of allowing my nephew to give her a free ride, she walked away and left the compound. I have been informed that she was seen entering the home of a senior ODM cabinet minister who is my neighbour and the boss to one of the agents who have recruited her. I felt that was quite bizarre and telephoned my area OCPD, who responded within one hour, accompanied by the DCIO.

As I was giving my report and statement to the police at my house concerning the latest plot to kill me, the press started calling and texting, claiming that I was under arrest at the Runda Police station. Of course, I wasn’t. I was at home – and I am still at home. 

Interestingly, I am told that the house help arrived with two junior police officers and the press in tow at my gate as I finished my statement at about 11:30am. However, when invited inside, she boarded a motor-cycle, which she had come with, panicked and left. Reports reaching me indicate that she went straight to the Office of the Prime Minister’s Building and is apparently sequestered there, perhaps being debfried on the next malicious and mischievous plot.

Meanwhile, the house help’s mobile phone kept ringing off the hook, with some of the numbers being traced to ODM cabinet ministers and senior OPM officials!

Unfortunately, the assassins and plotters panicked and started putting pressure on the Police, demanding that I should be arrested and locked away.

Your guess is as good as mine on why Raila Odinga and his thugs want to kill me – and when their plot seems to have failed – are now abusing their power and demanding hat I be locked away. He has also sent out his media hounds and social media goons to besmirch my name, character and reputation.

They will not succeed!

At about 1:20pm today, I welcomed about ten journalists who were camping outside my gate into the compound and addressed them stating the same things contained herein. I could see how disappointed some of them were that I was alone, at home, and addressing them in a relaxed and categorical manner.

Let me conclude with two things. First, Raila Odinga will not win the scheduled elections on lies, propaganda or nefarious plots against his opponents, critics or perceived enemies. And secondly, I am not afraid of Raila Odinga. As I said before, I am ready to face him head-on. It’s unfortunate that he has reduced himself to a pathetic criminal. It’s up to him. I will, however, continue to expose him and to fight him with the only weapon at my disposal: THE TRUTH!

Elections come and go. These ones won’t be different. But Raila Odinga must know that Kenyans are going to retire him on March 4th, 2013. He can choose to fight me and the books I’ve published through criminal goons or he could choose to address – directly – each and every factual claim in them. Te choice is his!

Finally, I wish to reiterate that my life is in serious danger. I am asking the police to provide me with twenty-four-hour security.

Thank you.

MIGUNA MIGUNA”

cck logo2nd February 2013

RE:  PRESS STATEMENT BY CCK DIRECTOR GENERAL MR. FRANCIS W. WANGUSI, ON THE SHUT DOWN OF ILLEGAL BROADCAST TRANSMITTERS

Distinguished members of the Fourth Estate

Ladies and gentlemen 

This morning, the Commission has shut down six broadcast transmitters in four different sites or locations of the country that were being operated using unauthorized frequencies and without the required licences in blatant breach of the law. Section 35 of the Kenya Information and Communications Act, 1998, outlaws the setting up and operation of communications apparatus without authorization from CCK.

The six transmitter stations that have now been put off-air were located in Narok, Nakuru, Mukuyuni (in Ukambani) and Mabrui (Malindi), and were being operated by the Royal Media Services. The stations are part of the 17 unauthorized transmitter stations that the Commission issued a 30-day notice about on 3rd December 2012. The notice directed the offending broadcaster (i.e. Royal Media Group) to cease operating the unauthorized frequencies or face the full force of the law.  In spite of the notice, Royal Media Services has continued to transmit broadcast signals from the 17 transmitter stations in total disregard of the law.  The Commission shall in the next few days shut down the remaining 11 illegal stations located in various parts of the country in order to ensure that players in the broadcasting and other market segments of the wider ICT sector operate within the law.

I wish to note here that the 17 transmitters in question are being operated using self-assigned or ‘grabbed’ frequencies. Indeed, some of the transmitters are located in non-designated broadcasting sites thus causing harmful interferences to duly licensed services including broadcasters, aviation, and other critical services. Transmissions from these illegal stations are also causing interferences in neighbouring countries, eliciting complaints from regulators in the region. In Kenya, some licensed broadcasters have lodged complaints with the Commission regarding interferences to their stations.  In some instances, the interferences are so intense that the services of other broadcasters using duly authorized frequencies have been rendered completely inoperable.

More disturbing, the safety of our airspace has in recent times come under threat as these illegal transmitter stations have on a number of occasions caused interferences to radio communication between pilots and the control tower. In this regard, the Commission has received numerous complaints from the Kenya Civil Aviation Authority as well as from our national carrier, Kenya Airways, about threats to the safety of our airspace due to interferences emanating from these illegal transmitters. The representatives of these two organizations are here with us today and will corroborate what I have said shortly. The National Environment Management Authority (NEMA), which is represented here, has raised concerns in respect to the transmitters having been erected without first meeting the requirement for environmental impact assessment.

Ladies and gentlemen, the Commission is the only state organ charged by law with the responsibility of managing the country’s frequency spectrum resources. Management of the frequency spectrum is critical in ensuring orderly exploitation of this scarce and limited resource. All spectrum users, therefore, are required to operate under a licence issued by CCK and which must be kept in force through adherence to the operational parameters stipulated in the licence. I wish to hasten to add here that frequency spectrum is a national resource belonging to the people of Kenya, which must be managed centrally to ensure optimal and orderly use as well as to avoid interferences among various spectrum users.

In practice, frequency licences come with licence conditions which licensees have to adhere to for orderly use of the frequency resource. Failure to observe these conditions may result in serious operational difficulties of interoperability with other licensed radio spectrum users. In addition, it may adversely affect the co-ordination of utilization of radio communication services with neighbouring countries and the International Telecommunications Union (ITU). Some of the standard terms and conditions relate to, among others, the allowable transmitted power, location of transmitters and use of appropriate filters.

In light of the foregoing, self-assignment or ‘grab up’ of frequencies for use in setting up unlicensed broadcasting stations has no place in our country as there is an institution set up to oversee the management of frequency spectrum. Today’s shut down of the illegal broadcast transmitters should therefore be seen in this context.

I would like to make it clear that the 17 illegal transmitter stations that we are now in the process of shutting down are not the only ones about which the Commission has a bone to pick with Royal Media Services.  Indeed, there other 22 FM and 2 TV frequencies that the said broadcaster assigned himself between 2008 and 2012 and which the Commission has been injuncted by the courts from taking any action pending the hearing of the appeal arising from our notice to the said broadcaster in May 2012.  We are confident that the judiciary shall soon adjudicate on the pending cases, and thus pave way for the shutdown of all illegal transmitters that are either being operated using self-allocated spectrum or that are located in non-designated broadcasting sites.

Ladies and gentlemen, the Commission has attempted to engage Royal Media Services to cease self-appropriation of spectrum without success. In 2006, the Commission, after consultations with the relevant government organs, regularized a total of 67 FM and 10 TV frequencies that Royal Media Services had acquired in the same manner between 2002 and 2006 on the understanding that the broadcaster would henceforth cease using unauthorized frequencies and deploying transmitters in non-designated broadcasting sites. Contrary to this agreement, Royal Media Services has continued allocating itself frequencies and erecting masts in non-designated broadcasting sites in total disregard of the law and regulatory notices. From our side, we cannot sit by as the ICT sector law is being derogated with reckless abandon at the risk of compromising on the safe operation of aviation services, and jeopardizing investments in the ICT sector. We have a mandate to execute, and execute we shall without fear or favour.

The implications of unauthorized use of spectrum are quite adverse and include the following:

  • They are a threat to national security;
  • The continued establishment of unauthorized transmissions is increasing incidences of harmful interferences to other spectrum users including aviation, thus presenting a threat to safety of life. This may result in Kenya being boycotted/blacklisted by airlines leading to extensive losses in tourism and other economic activities including investment;
  • The continued use of unauthorized frequencies amounts to an act of impunity and flies in the face of the regulatory requirement to provide an equal platform for all players; and
  • Unauthorized use of frequencies denies the Commission the spectrum resources to address plurality and diversity and to cater for devolution requirements as envisaged in the constitution.

As I conclude, I wish to note, for purpose of clarity, that the Commission is not switching off any frequencies that have been assigned legally to Royal Media Services or to any other licensee nor those that are subject to court cases. We are only focusing on frequencies that Royal Media Services has assigned itself in total disregard of the law. I also wish to let you know that this matter has been a subject of debate in parliament in light of the grave implications of use of unauthorized spectrum to the safety and integrity of our airspace, and protection of investments in the ICT sector.

I thank you for your kind attention.

Issued by: 

Francis W. Wangusi

DIRECTOR-GENERAL

(*See annexes below)
Table 1:          FM and TV Frequencies assigned to Royal Media Services Ltd following                                Regularization Vide CCK Letter Dated 14th August 2006

 

STATION ID   LOCATION FREQUENCY(MHz)
Citizen Radio
Nairobi 106.7
Nyadundo 103.6
Londiani 100.5
Kisumu 97.6
Webuye 94.5
Eldoret 90.4
Nyeri 104.3
Nyambene 94.3
Chuka 93.2
Kitui 98.6
Vuria 91.8
Mbwa Hills 100.8
Mombasa 97.3
Malindi 97.4
Kisii 106.6
Siaya 98.4
Busia 99
Kapenguria 96.2
Marsabit 98
Wajir 97
Narok 95.5
Garissa 95.7
Kibwezi 92.2
Maralal 95.9
Machakos 94.2
Homa bay 105.2
Kanyenye-ini 94.1
Inooro
Nairobi 98.9
Nyandundo 98.7
Nyambene 95.1
Londiani 89.8
Eldoret 107
Nyeri 97.8
Chuka 102
Mombasa 99.2
Kanyenye-ini 96.9
Ramogi
Nairobi 107.1
Londiani 95.4
Kisumu 107.6
Kisii 94.9
Homa bay 97
Mombasa 96
Mulembe
Nairobi 97.9
Webuye 89.6
Eldoret 95.8
Busia 101
Y-FM
Nairobi 96
Nyandundo 106
Londiani 102.5
Kisumu 103.1
Eldoret 87.6
Nyeri 88.6
Nyambene 104
Mombasa 90.4
Malindi 106
Kisii 90.2
Kibwezi 89.9
Musyi
Nairobi 90.4
Kitui 103.6
Kibwezi 95.4
Mombasa 100
Machakos 102.3
Muuga
Nyambene 88.9
Chamnge
Eldoret 97
Londiani 95
Abagusii
Nairobi 103.2
Kisii 98.6
Citizen TV
Nairobi TV Channel 39
Nyeri TV Channel 46
Nyambene TV Channel 31
Mombasa TV Channel 56
Nyadundo TV Channel 50
Londiani TV Channel 12
Kisii TV Channel 40
Kisumu TV Channel 21
Webuye TV Channel 50
Eldoret TV Channel 31

Table 2:          List of unauthorized transmissions (Notice of 17th May 2012) which the                                    courts injuncted the Commission from enforcement

 

Site (Location)

 

Frequency Station  Identity When Inspected Date of Notice of Violation
Enchoro Hill 88.3MHz Egesa FM June 2009 4th February 2010, 29th June 2009, 21st August 2009
Enchoro Hill 98.5MHz Chamge FM June 2009 29th June 2009, 21st August 2009
Enchoro Hill 90.2MHz Radio Citizen June 2009 29th June 2009, 21st August 2009
Migori 95.4 MHz Ramogi FM June 2009 29th June 2009, 21st August 2009
Migori 93.2 MHz Radio Citizen June 2009 29th June 2009, 21st August 2009
Msambweni 96.2 MHz Bahari FM Nov 2009 4th February 2010
Msambweni 101.1MHz Radio Citizen Nov 2009 4th February 2010
Nyahururu (Maili Nne) 95.3MHz Radio Citizen Dec 2009 13th July 2010
Nyahururu (Maili Nne) 103.2MHz Inooro FM Dec 2009 13th July 2010
Nyadundo 98.6MHz Chamge FM Dec 2009 13th July 2010
RIAT Kiboswa Kisumu 96.8MHz Chamge FM Dec 2009 4th February 2010, 13th July 2010
RIAT Kiboswa Kisumu 100.4MHz Mulembe FM Dec 2009 13th July 2010
Siaya 99.6 MHz Radio Citizen Dec 2009 13th July 2010
Siaya 101.0MHz Ramogi FM Dec 2009 13th July 2010
Mazeras 94.2 MHz Bahari FM May 2010 13th July 2010
Mazeras 98.9 MHz Inooro  FM May 2010 13th July 2010
Kilifi 94.5 MHz Radio Citizen May 2010 13th July 2010
Kilifi 102.2MHz Bahari FM May 2010 13th July 2010
Webuye 99.0 MHz Radio Citizen Nov 2008 13th July 2010
Malindi TV CH 39 Citizen TV May 2010 13th July 2010
Meru 104.7MHz Muuga FM Sep 2010
Vuria Hill 97.1MHz Bahari FM Dec 2010 4th January 2011
Vuria Hill TV CH 36 Citizen TV Dec 2010 4th January 2011
Narok 92.6MHz Inooro  FM June 2011 23rd August 2011

Table 3:          Current list of unauthorized transmissions (Notice of 3rd December 2012)                                 that CCK detected recently

No. Site Frequency Station ID

1

Nanyuki 103. 0 MHz Radio Citizen

2

Nanyuki 94.0 MHz Muuga FM

3

Karue Hill 95.4 MHz Radio Citizen

4

Karue Hill TV Channel 36 Citizen TV

5

Vuria Hill TV Channel 36 Citizen TV

6

Narok 103.5 MHz Maa FM

7

Muranga – Gatare TV Channel 53 Citizen TV

8

Migori TV Channel 46 Citizen TV

9

Enchoro Hill TV Channel 53 Citizen TV

10

Nakuru 89.5 MHz Radio Citizen

11

Nakuru 100.2 MHz Inooro FM

12

Mwingi 94.7 MHz Musyi FM

13

Mwingi 98.0 MHz Radio Citizen

14

Mwingi 100.4 MHz Empty Carrier

15

Mukuyuni 89.9 MHz Musyi FM

16

Mukuyuni 100.5 MHz Radio Citizen

17

Mambrui- Malindi 97.6 MHz Radio Citizen

 

 

 

Director of Elections,
Independent Electoral and Boundaries Commission
Anniversary Towers, 21st Floor
University Way
NAIROBI

Date 22 January, 2013

Dear Sirs,

RE: ILLEGAL CONDUCT BY MR. JIMNAH MBARU & THE ALLIANCE PARTY OF KENYA

We refer to the above.

The National Alliance (TNA) writes to officially notify the Independent Electoral and Boundaries Commission (IEBC) of egregious violations of the Political Parties Act 2011 as well as the Elections Act, 2011 committed by Mr. Jimnah Mbaru, a member of TNA and require that the commission acts on these violations.

Pursuant to Section 28 of the Political Parties Act, as at 18th January, 2013 the cut-off date for joining any political party. Mr. Mbaru was a listed member of TNA who sought the Party’s nomination for the Nairobi Gubernatorial race. In the nominations exercise, which began on 17th January, 2013 and ended on the 18th January, 2013 where he emerged as the formidable 1st Runners up.

Mr. Mbaru exercised his right as a TNA member and prospective candidate and on the 20th of January 2013 filed an appeal against his nomination defeat with the TNA Nomination Disputes Tribunal. Mr. Mbaru appeared before the Tribunal and gave oral testimony in the company of his Advocate.

After considering all the evidence adduced, the Tribunal dismissed Mr. Mbaru’s appeal. The Tribunal found that there was no merit to Mr. Mbaru’s assertions that he had won the nomination or there had been material irregularities that would nullify the announced results. Surprisingly, rather than exercising his rights under Section 72 of the Elections Act and referring this matter to the IEBC Mr. Mbaru has taken the extraordinary and patently illegal step of defecting to APK and seeking to run for Governor on its ticket.

We are of the view that this action is illegal, null and void for the following reasons.

Firstly, Mr. Mbaru is a duly registered and paid up member of TNA. Accordingly he cannot legally contest for elective or nominated office under the banner of any other Party. This position is emphatically stated under the Election Act and the Political Parties Act and is in fact an offense under that Act to do as Mr.Mbaru intends. The Law is clear as to the interval between leaving one Party and contesting on the ticket of another. Mr. Mbaru is nowhere near the permissible period and indeed has not even resigned from
TNA.

Secondly, Mr. Mbaru is making a mockery of the spirit and the letter of the various election laws which are predicated on the premise of party discipline. Mr. Mbaru seeks to circumvent these laws and if allowed to do so these laws will be in effect nugatory.

Thirdly, no Party could hold nominations after the 18th of January 2013. Consequently the APK is legally barred from being able to validly nominate Mr. Mbaru.

Fourth, Mr. Mbaru is legally estopped from asserting rights under TNA and following the rules and procedures of the Party and then when aggrieved by the lawfully arrived determination, seek to abandon and undermine the very same process he initiated. It is perverse to the doctrines of Equity that he should seek the benefits of due process but be unwilling to accept unfavourable results.

Fifth, Mr. Mbaru and the APK will set a dangerous precedent that will undermine and reverse the progress made in building non-transient and fully sustainable professionally run Political Parties in Kenya. What good are party membership lists at the Registrar of Political Parties if rival parties can poach each other’s members and grant them nomination well after the cut-off date of joining political parties? Of what value are the internal dispute resolution mechanisms of party’s if they can be disregarded with
impunity by appellants who are unsuccessful in their appeals? Can a General Election be free and fair if party discipline is absent?

We urge the IEBC to bar Mr. Mbaru from contesting during this General Election as his defection to APK is illegal and that Party cannot nominate him as a Candidate after the closure of the nominations period.

We also urge that severe sanctions be meted out against both Mr. Mbaru and APK for their flagrant flouting of the Law and their naked disregard and contempt for the rules and procedures that govern political party activities in Kenya.

We enclose herein various documentation in support of our petition.

We look forward to your response and decisive action.

Yours Faithfully

Jasper Mbiuki
SECRETARY – LEGAL AFFAIRS

Encl:

Complaint by Hon. Jimnah Mwangi Mbaru
TNA—Nomination Appeal Tribunal

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Augustine Monges Loile

Martha Karua named Hon. Augustine Chemonges Lotodo as her presidential running mate a while ago. As soon as the news spread out, my colleague in the office wondered loudly, “Who is this Augustine Lotodo?”

I imagine how many times that same question echoed around the country at the mention of that name…

Augustine Lotodo is currently (unless otherwise changed) the deputy party leader of Narc Kenya. He was a member of parliament in the Arusha based East African Legislative Assembly (EALA) between 2007 and 2012.

Previously he was a director of the Lake Victoria North Water Services Board from 2004 to 2007.
Popularly known as “Hon Lotodo” or “Monges”, Lotodo hails from West Pokot County.

He is formerly of St. Peters Mumias Boys primary school: He cleared his primary education in 1990 and proceeded to St. Ignatius Mukumu boys high school in Kakamega.

He holds a Masters of Philosophy Degree in Economics from Rani Durgawati University, Madhya Pradesh, India. (He got his degree from India like Ferdinand Waititu)

He also holds a Masters in Economics from Jiwaji University in Gwailor, Madhya Pradesh, India, and also Bachelor of Arts (Hons) degree from Punjab University, Chandigah, India.

Until today, Hon. Lotodo was an aspirant for the Kapenguria parliamentary seat on a Narc-K ticket.

He is married to Veronica Lotodo with whom they have four children.

Blog review! My 2012 in review

Posted: January 21, 2013 in OPINION

The WordPress.com stats helper monkeys prepared a 2012 annual report for this blog.

Here’s an excerpt:

600 people reached the top of Mt. Everest in 2012. This blog got about 9,900 views in 2012. If every person who reached the top of Mt. Everest viewed this blog, it would have taken 17 years to get that many views.

Click here to see the complete report.

The IEBC has among its mandate, the duty to provide civic education to the voters not just on the elective posts in the coming general elections but also the functions of the persons we’ll vote into office. As we go to vote for these people, do we know what we should expect for them?

According to the “THE COUNTY GOVERNMENTS BILL, 2012” this what you expect from your governor as from March 4th 2013.

Functions and responsibilities of a county governor.

(1) The governor shall take and subscribe to the oath or affirmation as set out in the Schedule to this Act before assuming office.

(2) The governor shall—

(a) Diligently execute the functions and exercise the authority provided for in the Constitution and legislation;

(b) Perform such State functions within the county as the President may determine;

(c) Represent the county in national and international fora and events;

(d) Constitute the county executive committee portfolio structure to respond to the functions and competencies assigned to and transferred to each county;

(e) Submit the county plans and policies to the county assembly for approval;

(f) Consider, approve and assent to bills passed by the county assembly;

(g) Chair meetings of the county executive committee;

(h) Assign to every member of the county executive committee, responsibility to ensure the discharge of any function within the county and the provision of related services to the people;

(i) Submit to the county assembly an annual report on the implementation status of the county policies and plans;

(j) Deliver annual state of the county address;

(k) Subject to the operational command structures set out in the Police Service Act or any other national security legislation, chair the county equivalent of the national security council as provided for in Article 239 (5) of the Constitution; and

(l) Sign or designate a county public officer to sign county Gazette notices, unless county legislation provides otherwise. 

(3) In performing the functions under subsection (2),

the governor shall—

(a) Provide leadership in the county’s governance and development;

(b) Provide leadership to the county executive committee and administration based on the county policies and plans;

(c) Promote democracy, good governance, unity and cohesion within the county;

(d) Promote peace and order within the county;

(e) Promote the competitiveness of the county;

(f) Be accountable for the management and use of the county resources; and

(g) Promote and facilitate citizen participation in the development of policies and plans, and delivery of services in the county. 

Powers of the governor.

4. The governor—

 (a) May dismiss a county executive committee member in accordance with section 41;

 (b) Shall dismiss a county executive committee member, if required to do so by a resolution of the county assembly as provided under section 41 of this Act;

(c) May appoint an accounting officer for each department, entity or decentralized unit of the county government; and

(d) Shall have such powers as may be necessary for the execution of the duties of the office of governor.

 Functions of the deputy governor.

5. (1) The deputy governor shall take and subscribe to the oath or affirmation as set out in the Schedule to this Act before assuming office. 

(2) The deputy governor shall deputize for the governor in the execution of the governor’s functions. 

(3) The governor may assign the deputy governor any other responsibility or portfolio as a member of the county executive committee. 

(4) When acting in office as contemplated in Article 179 (5) of the Constitution, the deputy governor shall not exercise any powers of the governor to nominate, appoint or dismiss that are assigned to the governor under the Constitution or other written law. 

(5) The governor shall not delegate to the deputy governor any of the functions referred to in subsection (4). 

Removal of a governor.

6. A member of the county assembly may by notice to the speaker, supported by at least a third of all the members, move a motion for the removal of the governor under Article 181 of the Constitution. 

(2) Within seven days after receiving notice under subsection (1)—

(a) The speaker shall convene a meeting of the county assembly to hear charges against the governor; and

(b) The county assembly, by resolution, may appoint a special committee comprising seven of its members to investigate the matter. 

(3) The governor shall continue to perform the functions of the office pending the outcome of the proceedings required by this section. 

(4) A special committee appointed under subsection (2) shall—

(a) Investigate the matter; and

(b) Report to the county assembly within ten days whether it finds the particulars of the allegations against the governor to have been substantiated. 

(5) The governor shall have the right to appear and be represented before the special committee during its investigations. 

(6) If the special committee reports that the particulars of any allegation against the governor—

(a) Have not been substantiated, further proceedings shall not be taken under this section and Article 181 of the Constitution in respect of that allegation; or

(b) Have been substantiated, the county assembly, after according the governor an opportunity to be heard, shall vote on the charges. 

(7) If at least two-thirds of all the members of the County Assembly vote to uphold any charge against the governor, the matter shall be referred to the Senate by the speaker of the county assembly for consideration and if the Senate upholds the motion of the county assembly by two- thirds of the members present and voting, the governor shall cease to hold office. 

(8) The provisions of this section shall apply with necessary modifications to the removal of a deputy governor.

I would like to notify the public and the fourth estate that, I  Jimnah Mbaru have lodged an appeal to the TNA’s Tribunal board, contesting the party’s decision to award the Governor nominee to Ferdinand Waititu.

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Mr. Jimnah Mbaru, who lost the TNA ticket for Nairobi governor.

The decision to appeal was informed by the following decisions;

1. The marred voting process which locked out many genuine members from voting and allowed non party members to vote

2. That the said malpractices and or irregularities include but are not limited to voter bribery, violence, undue influences and intimidation.

3.  That in some cases my agents were beaten up and chased away from polling stations. The worst incident occurred at Mukuru Kayaba, where one of my agents scholastica Mweni was severely assaulted leading to loss of her eye and she is currently admitted at KNH.

4. That the said Ferdinand Waititu pre-maturely declared himself the winner before official voting was completed, thereby causing disruption of the voting process to some polling stations where I have strong support.

5. That the said Ferdinand Waititu does not pass the integrity test under chapter 6 of the constitution and his nomination is in contravention of the constitution and the elections act.

We would like to urge the public and our supporters that we will appeal to the highest organ of the party and exhaust all legal channels. We believe in fair and free elections and that the said Ferdinand Waititu was not fairly elected  and we believe that from the irregularities we have reported, I believe I won the said nomination.

Sincerely,

Jimnah Mbaru

I watched the TNA and ODM primaries for the Nairobi County with a keen eye. The two parties because, unless informed otherwise, they are arguably going to draw the battle lines in Nairobi. Nairobi will be a key determiner of who runs this country after the March 4th elections. The two parties will paint the results right from the county representatives, Women representative, Governor, Senator and presidential.

The preliminary nominations results are out. Mixed reactions especially for the TNA winners.

ODM’s Evans Kidero had a smooth, un-challenged ride when his key challenger Bishop Margret Wanjiru was barred for lacking credible academic credentials. She instead settled for the women representative position. His other challenger, former Nairobi town clerk Philip Kisia hopped to Cyrus Jirongo’s Federal Party of Kenya even a midst allegations that he was never registered as an ODM party member and that he never paid the required amount to run for the seat.

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Jimnah Mbaru

The battle within TNA melted down to two extreme personalities; the combative, rough edged Waititu and the suave, soft spoken and brainy Mbaru. Former town clerk John Gakuo trailed them from a distant 3rd.

Waititu carried the day – to the shock and dismay of the social media “voters.” So much that he even was trending globally on twitter.

Mike Mbuvi aka Sonko easily clinched the senatorial ticket on a TNA flag.

Waititu’s victory against Jimnah was anticipated. Just like his victory against Kidero is, on the 4th of March. It wouldn’t be as certain though, if Waititu was facing Bishop Wanjiru for the governor seat. Waititu and Wanjiru have a common denominator that attracts voters. They both appeal to the lower class constituency. This is the caliber of people who not only came out en-mass to register as voters, but will most certainly turn out to cast the ballot on the March 4th. These are the same people who turned out to vote during the party nominations.

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Ferdinand Waititu

On the other hand there is Kidero and Mbaru who represent the middle and upper class constituency. They appeal o this caliber of “voter” who are too busy to register as voters and or go out to vote. They can’t brave the heat, cold or rain queuing to vote for their candidate. They have almost everything they need – and so are not desperate for any body’s “assistance.” They live in lavish estates with 24 hour security. They don’t struggle with sewer problems or flying toilets. They only hear of evictions and land grabbing from other places.

I might be wrong, but I honestly don’t see the critical issue that would push these ‘voters’ to go out and actually cast their vote. The only vote on twitter and facebook – from the comfort of their couches and offices. They are simply busy to find time to make a crucial electoral decision.

This week twitter was awash with Jimnah Mbaru’s ‘smart’ CV. In equal measure, Waititu’s ‘illiterate’ CV was discussed. Social made made fun of his degree. Mike Sonko and Bishop Wanjiru weren’t spared either. Sonko’s poorly done campaign website was the talk of the week. Wanjiru “Dr.” title was mocked. Waititu is not even on Twitter save for a few parody accounts purporting to be him unlike Jimnah Mbaru and Evans Kidero who tweets every day.

The sad reality is, the kind of people Mbaru and Kidero interact with on social media; ONE don’t even constitute a third of those who warm up to the likes of Waititu and Sonko, and TWO they are unlikely to go and vote – if they registered.

Otherwise why did Waititu and Sonko sail through?

Jimnah is now out the picture (unless he hops to another party against IEBC’s directive to the contrary – in which case, he’ll still be trounced.) Imagine Waititu vs Kidero.

I can with certainty predict a Waititu win come March 4th general election. His only hurdle was at the nominations.

Sonko will also sail through yet again. He is contesting against Stanley Livondo of UDF and Bishop Boniface Adoyo of LPK among others.

I can’t predict with certainty the battle between Rachel Shebesh (TNA) and Bishop Margret Wanjiru (ODM) for the women rep seat. I foresee victory against Shebesh.

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Rachel Shebesh

 

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Bishop Margret Wanjiru

STATEMENT FROM IEBC:

POLITICAL PARTIES DISPUTES RESOLUTION ANS SUBMISSION OF POLITICAL PARTIES NOMINEES TO IEBC

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Further to the General Elections Guidelines given in the Kenya Gazette Vol. CXIV- No. 132 of 28th December 2012, the Commission hereby gives direction on the matter.

Your attention is specifically drawn to Paragraph C of the said Notice that disputes relating to or arising from nomination shall be determined within seven days of the lodging of the dispute with the Commission.

The Commission hereby informs political parties and the public in general that all disputes arising from the party nominations must be lodged, heard and concluded through political parties disputes resolution mechanisms as provided in their respective party constitutions within a period of three days from 19th – 21st January 2013.

Any aggrieved contestant may lodge a complaint with the Commission on the 22nd January 2013 latest 5 p.m. by filling the prescribed form provided for in the Gazetted Elections Rules and Procedures.

Prior to lodging the complaint, the contestant/party must have exhausted all Political Party internal disputes resolution mechanisms as provided in the respective political parties Constitutions and the nomination rules. The Commission will adjudicate and determine on all such disputes by 25th January 2013.

All political parties must submit their final list of the nominees to the Chairperson of the Commission at IEBC Headquarters, 6th floor Anniversary Towers, Nairobi by 5 p.m. on 21st January 2013.

A.I. Hassan
Chairperson