<I> <h> <#/>Odinga now takes Saitoti to court </h>
<#/>Former Vice-President Odinga Odinga yesterday filed a libel suit against
Vice-President George Saitoti and an Assistant Minister, Mr John Keen.
<#/>Mr Odinga, the self-proclaimed interim chairman of the unregistered National
Democratic Party (NDP), lists eight grounds of injury he alleges he suffered on account of
remarks made by Prof Saitoti. <#/>He offers nine grounds regarding Mr Keen's part in the
<#/>The suit is drawn and filed by Mr Shamalla, Koome and Co. Advocates.
<#/>In plaints to be served on Prof Saitoti and Mr Keen, Mr Odinga claims he has been
greatly injured in his credit, character and profession as a "long-standing forthright and
respected politician", and been exposed to "public scandal, ridicule, odium and contempt" in
the eyes of his supporters and all those who know and deal with him.
<#/>On April 25, Mr Odinga's lawyers wrote to the two legislators demanding an immediate
retraction of their remarks about him and apologise within 14 days or they would institute
court proceedings against them.
<#/>Prof Saitoti alleged libellous remarks were published in the April 5 issue of the Weekly
Review magazine and Mr Keen's in the Sunday Nation of April 21.
<#/>Mr Odinga says that Prof Saitoti, "in or about the month of March, 1991, falsely,
maliciously and without probable cause, delivered to British Parliamentarians in London a
written speech titled ‘Economic <-/successs> based on accountability’. <#/>The speech was
reproduced in the Weekly Review issue of April 5, 1991.
<#/>It said: "You will be aware, of course, that the apparent pressure for change had come
from upheavals in eastern Europe at the end of 1989. <#/>For some reason, which has never
been clear to me, we were supposed to be part of this trend. <#/>But the Communist regimes
of eastern Europe bear no relation to Kenya.
<#/>"We have always operated a free market economy. <#/>We have always rejected
Communism in any guise - though it must be said a former Vice- President, who recently
attempted to form a political party tried to introduce Communism into kenya by the back door
in the late 1960s. <#/>At one time he even <-/sumuggled> Soviet weapons into Kenya to try
and achieve his ends ... "
<#/>Regarding Mr Keen, Mr Odinga says he was quoted as "having lashed out at Jaramogi
Oginga Odinga saying, the former Vice-President sought to overthrow Jomo Kenyatta's
Government with ammunition he secretly imported into the country ..."
<#/>The lawyers claim that this remark also constitutes libel against the former V-P.
<#/>Mr Keen, an Assistant Minister in the Office of the President, made the remarks while
addressing a crowd at Kangemi in Nairobi.
<#/>Mr Odinga seeks from Prof Saitoti and Mr Keen, among other things, exemplary and
aggravated damages, general damages, costs of the suit, interest at court rate and any
alternative relief the court deems necessary.
<#/>Mr Odinga says that by the ordinary and natural meaning of the words used by Prof
Saitoti and Mr Keen, they were understood to mean that Mr Odinga had no respect for the
laws and Constitution of Kenya, he is a dishonest and untrustworthy politician and that he
should have been arrested and charged by secretly plotting to introduce Communism into
<#/>Mr Odinga says that the words were also understood to mean that he had committed
treasonable acts which were punishable under the Penal Code and at the same time he was
privy and intended to cause war and armed revolution in the country.
<#/>He says his character and reputation <-_has><+_have> been injured and hence lowered
in the "estimation of right-thinking members of the British Parliament, the British public and
the Kenyan society."
<#/>The former V-P says that as a forthright and respected politician, he has been exposed by
the publication to public scandal, ridicule, odium and contempt in the eyes of his supporters
and all those who deal with him.
<#/>Despite <-_demand><+_demands> for an apology and intimation of intention to sue, he
says, Prof Saitoti has refused to tender any apology.
<#/>He says Mr Keen, in spite of the letter of demand for an apology, has persisted in
libelling him through statements released to the Press.
</I><I> <h> <#/>Sh39m suit based on greed - Kanu </h>
<#/>The ruling party, Kanu, and five of its top officials yesterday scoffed at a Sh39
million suit filed against them, calling it "purely <-/imaginatory>, speculative and based
<#/>"The suit as filed is bad in law, frivolous and vexatious and discloses no reasonable cause
of action against the defendants either in their personal capacity as principal office bearers of
Kanu or on their capacity," the defendants said in a replying defence statement.
<#/>The officials have denied owing Nyanja Architects and Company Sh39. 6 million for
alleged breach of contract. They want the suit summarily struck out with costs.
<#/>The replying statement was filed in the High Court by lawyer Mutula Kilonzo.
<#/>In a separate defence statement, Mr David Pius Mugambi, the party's national Executive
Officer, denied contracting Nyanja for a Kenyatta International Conference Centre project.
<#/>He had no powers to commit Kanu and its members in the manner alleged in the suit's
plaint, he claimed.
<#/>Nyanja filed the suit on May 29 naming the Kanu national Chairman, Mr Peter Oloo
Aringo, the Secretary General, Mr Joseph Kamotho, the Treasurer, Mr Japheth Lijoodi, the
Organising Secretary, Mr Stephen Kalonzo Musyoka and Mr Mugambi as the defendants.
<#/>Nyanja is represented by Waruhiu and Muite Advocates and is seeking general damages,
total payment of fees plus interest at 19 per cent in addition to the cost of the suit.
<#/>The firm claims that the party owes it Sh39,652,907 for work done and/or professional
services rendered. <#/>This consists of "preparation of drawings and specifications for the
duration of the erection of the rehabilitation of the defendants' premises known as the
Kenyatta International Conference Centre (KICC)".
<#/>Nyanja's plaint claims that Kanu should have paid him by April 4.
<#/>In a common defence statement, four of the party officials, who are also sitting MPs, said
they were wrongfully sued and that the procedure employed in the commencement of the suit
was a direct abuse of the process of the court.
<#/>They said the suit was calculated to scandalise them, Kanu and its members in general.
<#/>The four denied owing the Nyanja firm Sh39,652,907 for work or professional service
allegedly done and rendered. <#/>They challenged the architectural firm to prove its claims
beyond reasonable doubt.
<#/>At no time, they said, did Nyanja and Company prepare any outline, proposals, scheme,
design or any acceptable production drawings for the erection of the KICC.
<#/>They challenged Mr George Nyanja, the firm's proprietor, to adduce evidence to show
that the alleged 39. 6 was due to be payable to the plaintiff by April 4 or at any other time at
an interest rate of 19 per cent.
<#/>They claimed that the company's claim that it was appointed by Mr Mugambi was
absolutely ultra vires the powers vested in the officer who wrote and signed the alleged letter.
<#/>The alleged appointment letter, they say, was always an offer to treat and did not create
any enforceable or <-/privity> of the contract before actual service <-_were><+_was>
<#/>"It was not followed by any service under the Architects and Quantity/Surveyors Act or
Conditions of Engagement, therein provided, or at all to warrant fees," they said.
<#/>The approval by Kanu's executive committee and the City Commission, who are the final
signatories of such contracts, were never obtained.
<#/>They also charged that Mr Nyanja, himself a member of Kanu, should always have
known the party's contracting procedures. <#/>"These were not followed," their joint
<#/>By February 21, their statement said (without any prejudice), the work had been
<#/>"Accordingly, the figure of Sh39,562,907 is purely imaginary, based on greed, has no
basis and is not due," they said.
<#/>In his separate defence, Mr Mugambi said the letter of April 11, 1990, was written at Mr
Nyanja's instigation, who at the time was processing his application for re-admission to Kanu
following his suspension from the party.
<#/>The agreement, Mr Mugambi told the court, was at the time meant to be free and at no
cost or at most under conditions of engagement and scale of professional charges for
<#/>The letter was also intended to enable the plaintiff to start the compilation of a suitable
list of consultants for scrutiny and confirmation by Kanu and its executive organs.
</I><I> <h> <#/>Why we're ready to go to jail - Muite </h>
<#/>Lawyer Paul Muite and his co-defendants in the LSK contempt suit wound up their
case yesterday and accused the Government of manipulating courts through proxies to
silence its critics.
<#/>Making his final submissions, Mr Muite charged that the Government was determined to
imprison the current LSK council members because of their stand for democracy and justice
in the country.
<#/>Later in the afternoon, there was a brief drama in court when a lawyer, Ms Martha Njoka,
was ordered out after she defied the judge's directive to stop talking while another lawyer was
addressing the court.
<#/>Mr Justice John Mwera said: "May you keep quiet. <#/>And, may you please change
position and stop talking or you walk out," to which Ms Njoka responded: "My lord, I'm not
going to change position. <#/><-_I'll><+_I'd> rather walk out."
<#/>She was not able to attend most of the afternoon session, during which Mr A. B Shah
(counsel for the four lawyers who instigated the proceedings against Mr Muite and his
council) was making his final submissions.
<#/>During the morning session, Mr Muite told the packed gallery: "If our going to prison
will hasten the day when Kenya can have a truly free and independent Judiciary, hasten the
day when the Kenyan people can freely elect their leaders, and if our going to prison will
assist in the achievement of meaningful and peaceful reforms, the LSK council considers their
imprisonment a small price to pay to avoid the bloodshed, loss of life and suffering which will
inevitably be paid.
<#/>"Our prayer is that by the time we come out of prison, the reforms Kenyans need so
urgently will have been realised. <#/>It is bad governance that poses greatest danger to true
public security and future of this nation and not the LSK. <#/>Our faith while in prison will
be the knowledge that the present leadership will not, and cannot, stop the tide. <#/>Sooner or
later, changes will come. <#/>We have no doubt that it will be sooner (rather) than later.
<#/>The LSK and its council will have played its part and paid its share of the sacrifice."
<#/>The lawyer clashed and differed <_/severally> with the judge when he tried to refer to an
article by lawyer Gitobu Imanyara published in the Nairobi Law Monthly magazine.
<#/>The article says, among other things, that the Government was committed to using
unorthodox ways to silence its critics.
<#/>Mr Justice Mwera warned Mr Muite that he would not condone any political references
because they were irrelevant to the proceedings.
<#/>Mr Muite insisted that as a defendant in a public trial he was entitled to refer to anything
suitable for his defence. <#/>But Mr Justice Mwera told him the proceedings were chamber
matters and not public.
<#/>Reading from a 14-page submission signed by all the defendants, Mr Muite said that the
committal proceedings against them were an abuse of the process of court, and, therefore, "a
not-too-subtle attempt by the Government to silence its critics.
<#/>He went on: "We have submitted, we have maintained, and we shall maintain that the
sending of the LSK council members to jail would not in any way be a solution to the massive
problems currently facing the Government."
<#/>Mr Muite the judge <O/> that the law and the courts would lose reputation miserably if
the defendants were sent to prison.
<#/>He said it was the business of the LSK and its individual members to talk on "human
rights violations, the rule of law, the overconcentration of power in the presidency, the
emasculation of Parliament, the emasculation of Judiciary, the emasculation of the only party,
Kanu, and the subordination of all other institutions to the presidency. <#/>This is what
constitutional law is all about.
<I> <h> <#/>Moi orders Muli to accept Ouko report </h>
<#/>President Moi yesterday directed Attorney- General <-/Mathew> Muli to make
immediate arrangements to receive the eagerly-awaited report on the murder of Dr
Robert Ouko from either Scotland Yard's Supt John Troon himself or through any
other mutually <-/accetable> mode of delivery.
<#/>In a signed statement, the President said: "When the death <-/occured> of my then
Foreign Minister, Dr Robert Ouko, I assured <ea/>wananchi that my Government will
exercise its best endeavour to investigate the incident.
<#/>"Accordingly, my Government requested the British Government through the Scotland
Yard to assist the Kenya Police in investigating the events leading to the death of the then
<#/>"Concern has been expressed by the Attorney- General on the inability of Supt Troon,
who was leading the investigating team, to come and present the report as is customary.
<#/>My Government is concerned that the issue should be determined in the most efficacious
manner. <#/>Accordingly, I have today directed the Attorney General to make immediate
arrangements to receive the report either from Supt Troon, if he presents himself, or
alternatively, steps be taken to receive the report in a manner which is mutually acceptable.
<#/>"It is my expectation that the report will be examined in due course and appropriate legal
<#/>The report into the circumstances surrounding the murder of Dr Ouko arrived in Kenya
about three weeks ago and has been lying in a safe at the British High Commission in Nairobi
following Justice Muli's adamant refusal to accept it from none other than Supt Troon.
<#/>When it was reported in the Press that two Scotland Yard detectives, Supt Graham Searle
and Insp David Shiperlee, investigating the murder of British girl, Julie Ward, in the Maasai
Mara Game Reserve, had the report and were ready to give it to Justice Muli, the A-G said he
would not accept it.
<#/>He said that he would only receive the report from Supt Troon and that for Supt Troon to
give the report to another detective to deliver it to him would be "unprecedented and
unethical. <#/>"It is believed that Supt Searle and Insp Shiperlee, indeed, tried to hand over
the report to the AG, but he flatly refused to accept it.
<#/>Then it was reported from London that Supt Troon was on leave pending his retirement
at the end of this month, but as the controversy over the handing over of the report raged and
anxiety grew, the Press again reported that Supt Troon had eventually agreed to travel to
Kenya, probably this week, to hand over the report to the Kenyan authorities.
<#/>Dr Ouko's immediate successor in the Ministry of Foreign Affairs and International
Co-operation, Mr Ndolo Ayah, entered the fray to say that the much-talked-about report is
part of police investigations and would not, therefore, be published.
<#/>Mr Ayah drew the ire of the Church of the Province of Kenya (CPK) and the Catholic
bishops with the CPK charging in a statement that failure to publish the report would be
tantamount to a cover up and a negation of an earlier pledge by the Government that the
report would be made public.
<#/>Police headquarters in Nairobi also issued a statement saying that the report is intended
to enable the Government to decide on its next course of action in unravelling the mystery
surrounding the death of Dr Ouko whose burnt and barely recognisable remains were found in
thickets near his Koru home in Kisumu on February 16 four days after he had gone missing.
<#/>Last week, Kenya's Acting High Commissioner in London, Mr Green Josiah, in a letter
to the London weekly, the Independent on Sunday, said that Mr Troon was expected to be a
witness in an inquest into the death of Dr Ouko. <#/>He became the first high ranking
Kenyan official to talk about an inquest.
<#/>The death of Dr Ouko saw demonstrations in Nairobi by university and college students,
in his constituency town of Kisumu and the other university towns of Eldoret and Njoro.
<#/>At Dr Ouko's burial, President Moi pledged that he would leave no stone unturned until
the circumstances leading to the death had been established.
<#/>Supt Troon and his colleagues spent more than 100 days in the country investigating the
death, handed over a preliminary report to the Government and then flew out to prepare the
final report in London. <#/>The report has been the centre of much speculation in the British
press, but so far not a word of it has been leaked.
</I><I> <h> <#/>Moi angered by Shikuku attacks </h>
<#/>President Moi yesterday criticised former Butere MP, Mr Martin Shikuku, for his
continued attack of Government policies and agitation for change.
<#/>In his Kiswahili speech during yesterday's Madaraka Day celebrations at Nairobi's Nyayo
Stadium, President Moi said Mr Shikuku, who recently went to Kampala with other Kenyans
for the African Leadership Forum Conference, had been "assigned to carry out certain plans
<#/>The President said Mr Shikuku's call for increases in producer prices will give rise to a
corresponding increase in consumer prices "and with prices of food going up, it is the
ordinary people who will suffer. <#/>We look on both sides of the matter".
<#/>"He says that he wants a licence to hold a rally; what will he tell you," President Moi
asked, in reference to Mr Shikuku's application last week for a licence to hold a public rally at
Nairobi's Uhuru Park on June 15.
<#/>President Moi said that he is aware of what those who were in Kampala recently were out
to do in the country. <#/>He said that Mr Shikuku had three cars and a Mercedes and
challenged him to say publicly "where he bought his three cars, among them a Mercedes".
<#/>Mr Shikuku and former Foreign Minister, Dr Munyua Waiyaki, the former secretary
general of the Organisation of African Trade Union Unity (OATUU), Mr Dennis Akumu,
academic and Non- Governmental Organisations (NGO) consultant, Dr Eddah Gachukia,
artist, Mr Elimo Njau and university don, Dr Gichuki, were some of the Kenyans who
attended the recently-concluded Leadership Forum in the Ugandan capital.
<#/>The President also accused Nairobi lawyer and publisher of the Nairobi Law Monthly
magazine, Mr Gitobu Imanyara, of feigning sickness when he was recently arrested and
charged with publishing a seditious leading article entitled Tribalism.
<#/>The President said he is a tolerant man but he has realised that the trickery of Africans is
getting legendary and hit out at Mr Imanyara's lawyer (Dr John Khaminwa) for submitting
that his client was "a dying man" and a doctor for saying that Mr Imanyara was "seriously ill".
<#/>President Moi hit out at those alleging that Mr Imanyara was tortured and asked: "Who is
doing this? When professionals start lying, that that one is seriously ill, that that one is a dying
man, where are we going, where are we? Where is the future of our children?"
<#/>The President said "Europeans are still ignorant of African behaviour" and rushed to give
Mr Imanyara a medal when Mr Imanyara had just "dashed out of his supposed death bed upon
<#/>"You will judge for yourselves what kind of people these are who are getting medals,"
the President said in reference to Mr Imanyara's Golden Pen of Freedom prize awarded to him
by the Paris-based International Federation of Newspaper Publishers.
<#/>President Moi criticised crusaders for change wondering what kind of change they were
seeking to have in Kenya.
<#/>"We are a civilian government, do these people singing change, want us to have a
military government? Do they want us to be like the 27 other African nations where there
have been <foreign_>coup d'etats<foreign/>," the President asked.
<#/>President Moi said Kenya was "democratic, very democratic" and wondered why some
people would want change imposed on the country. <#/>He said that though Kenyans had
wanted queue-voting, he had scrapped it for the sake of peace but there were still some people
still calling for change.
<#/>President Moi said advocates of change failed to see the chaos in neighbouring countries
of Ethiopia, Sudan and Somalia. <#/>"Do you think that there will be peace when people are
killing each other," the President posed.
<#/>The President said that during the Uganda peace talks in Nairobi in 1985, some of the
warring factions had said that only a military solution would solve Uganda's problems, but
still peace was elusive.
<#/>President Moi said peace in Ethiopia will come only as a result of reconciliation which
will include all the parties involved in the conflict. <#/>Similarly, President Moi said, the
reconstruction of Ethiopia must involve all the parties involved in the conflict, otherwise there
will be no peace.
<#/>He said Kenya does not harbour Ugandans who want to fight their motherland and said
that it was Uganda which was persistently attacking Kenya. <#/>President Moi said that
Uganda is supported in his attacks on Kenya by "outside countries".
<#/>President Moi said that with the influx of refugees into the country, Kenyan security
personnel will be on red alert and those out to subvert the peace will be locked up "to eat rice
and grow fat".
<#/>"The police and all other security personnel are going to have a very busy time to ensure
the security and protection of Kenyans. <#/>"We will not allow our peace to be disrupted.
<#/>I am aware of many who want to wreck the peace in Kenya; I am fully aware," the
<#/>He repeated his reversal of the order to ban the selling of second hand clothes in Kenya
saying that the clothes are popular among the ordinary people and are worn also by some big
people "including some who are seated behind me".
<#/>"There are some people who say that I just stay at the State House and do not know what
happens. <#/>No, I walk out like ordinary people and see for myself what Kenyans want and I
say let second hand clothes be sold as long as this is done legally," President Moi said amid
<#/>President Moi said that soon, those hospitals which do not have drugs will be supplied
with medicine. <#/>He said that time has also come when doctors will be required to choose
between serving in Government hospitals and going into private practice instead of having to
work for the Government and at the same time run their own clinics.
<#/>He said that there are about 3,000 doctors in the country and the number will be going up
every year as there will be 150 doctors graduating each year.
<#/>On civil servants, the President said that they must serve the people diligently and
efficiently because that is their calling. <#/>He said that they should shun corruption and the
tendency of files "disappearing" when Kenyans want to be served should stop.
</I><I> <h> <#/>Moses Keino quits as House Speaker </h>
<#/>Mr Moses Kiprono arap Keino resigned yesterday as Speaker of the National
Assembly, Kenya's supreme law-making institution.
<#/>In a statement he delivered to the Government-owned Kenya News Agency (KNA), Mr
Keino did not give any reason for his resignation after three years and one month as Kenya's
third Speaker. <#/>Before him were Mr Fredrick Gideon Mbithi Mati and the late Sir
<#/>In the terse statement, the 53-year-old Keino thanked "most <-/heartedly>" the President
and all Members of Parliament and staff for their cooperation and support during his tenure.
<#/>Sources told the Nation that Mr Keino arrived at Parliament Buildings at 1 pm and
proceeded to his office where he packed his bags assisted by a <foreign/>commissionaire.
<#/>He then drove away to present himself at the KNA offices at Nyayo House at 2. 15 pm.
<#/>He told the KNA reporter that he was relieved to see him and inquired whether a
photo-copier machine was available. <#/>There was none and the reporter therefore copied
Mr Keino's letter of resignation. <#/>Mr Keino then signed the copy.
<#/>However, he declined to answer any questions from the reporter, saying only that he
should go by what he had by way of the brief letter of resignation.
<#/>Mr Keino's last official function was on Friday when he led the Freedom From Hunger
Council pre-walk procession through Nairobi's streets which was flagged off by the Deputy
Chairman of the Nairobi City Commission, Mrs Jane Kiano. <X_>.</X>
<I> <h> <#/>We refuse to be pushed, says Moi </h>
<#/>President Moi yesterday rejected any attempts to push Kenya into adopting
<#/>Political pluralism, he declared, should not be imposed on the people or introduced
<#/>Speaking during the State opening of the fourth session of the Sixth Parliament, he said
that a multi-party system could threaten national unity, given the stage of the present
economic, social and political development.
<#/>And he pointed out that Kenyans were not opposed to the multi-party system because of
ideological reasons or designs by those in leadership to impose their will on the people.
<#/>"What we have said is that until our society has become cohesive enough so that
tribalism is of no significance in the economic and political activities of the nation, the
strategy of a mass based, democratic and accountable one-party system is the best in our
nation-buildings efforts," he said.
<#/>Without unity, he said, the country would have no base for effective nation-building
<#/>The President said that this was not the view of a few individuals. <#/>"Our people,
during the Kanu Review Committee's hearing and debates at the Special Kanu Delegates'
Conference at Kasarani held last December, strongly reaffirmed their faith and commitment in
a one- party system for the time being.”
<#/>He told MPs not to shy away from telling others about what they believed was good for
the people of Kenya and their country.
<#/>He told Kenyans to be aware of those, within and without, who would wish to control
and weaken the country through ideological arguments, or false promises that the economic
hardship facing the country would disappear if the Government abandoned some of the basic
principles which guided it.
<#/>The President said there were hundreds of unsolicited suggestions by outsiders as to how
Africans should manage themselves and their economies.
<#/>He said: "Some of the suggestions, especially those in the economic areas, have been
useful and many African countries are now embarking on their implementation.”
<#/>But when it came to the issue of political management, he added, the objectivity of some
of the advisers appeared doubtful.
<#/>The President said it also appeared that there was little patience or willingness on their
(outsiders) part to listen and learn.
<#/>He said that the advice now strongly being given to African countries was to embrace the
<#/>"As I have said before, political developments of that kind should not be imposed on
people or be introduced prematurely. <#/>We have enough evidence in Africa to show that
tribalism should not be ignored in these matters. <#/>In fact, even in some countries of
Europe, tribalism is still a factor after hundreds of years of nationhood.”
<#/>The President said that change could not be pursued merely for its own sake.
<#/>There are certain principles that must remain inviolate even as we change, he said,
adding: "Parliament must remain supreme and the sole entity within our nation that has the
right to make, set aside and over-ride laws. <#/>This nation must remain a nation governed by
the rule of law.”
<#/>By the rule of law, he said, he was not merely referring to the obligation of the
Government to govern in accordance with the laws, but was also referring to every citizen's
obligation to comply with the laws enacted by Parliament.
<#/>The President said that there were certain aspects of the law indeed, the Constitution,
which some people within the country and some of their friends abroad might not like.
<#/>He continued: "These include the provision which in 1982 made this country a one party
State when it had been so in fact since 1969. <#/>They also include various laws which
Parliament in its wisdom passed to give provisions as well as to protect law and order.
<#/>These provisions have served as well, we cannot discard them merely for the sake of
doing what is fashionable elsewhere.”
<#/>President Moi said that today, national tragedies brought about by selfish and
ethnocentric interests were evident.
<#/>"In Africa, many attempts at reconciliation have floundered on these narrow interests.
<#/>In some cases nations have been torn apart by ethnic and sectarian violence. <#/>Given
the great costs in lives and property inherent in such violence, it is important for us to avoid
rushing into discarding a system of laws which has proved itself as an effective unifying
factor of our national life in favour of experiments of doubtful consequences.”
<#/>But the President said that Kenyans were free to debate what kind of laws they wished to
have under the Constitution and a minority had the right to continue expressing its views even
after the majority had decided what was good for the nation.
<#/>However, he pointed out that free speech did not bestow upon any citizen the right to
disobey the law. <#/>The President added: "All liberties and rights carry with them this
obligation: to obey the law and to so conduct oneself as to ensure that one's liberty and rights
are not exercised at the expense of someone else's liberty and rights.”
<#/>The President assured Members of Parliament that his Government would protect the
dignity of the House by enforcing the laws which it had passed.
<#/>And he warned: "Those who have chosen the path of agitation; those who wish to mock
this House by flagrant disregard for the laws passed by Parliament, will face the full rigour of
those laws. <#/>We can debate about the merit of this or that law; but there can be no debate
whatsoever about the obligation of all citizens to obey the law of the land, for without laws a
nation soon degenerates into anarchy.”
<#/>The President had earlier observed that, outside the country's borders there had been a
growing atmosphere of instability.
<#/>"We have had to call upon our meagre and scarce resources to cope with the influx of
refugees from neighbouring countries. <#/>We had to mount extra-ordinary measures to
provide security to our citizens and their property against the possibility of a spillover of
violence into the country".
<#/>He called upon the House to take note of these developments, "which, unfortunately, are
likely to persist for some time, for they have serious budgetary implications for the
<#/>President Moi said the Government would do all in its power to continue fostering the
spirit of good neighbourliness in these difficult times.
<#/>In particular, he added, the Government would ensure that those offered refuge in Kenya
would not abuse the hospitality given by engaging in political activities directed against the
authorities in their countries of origin.
<#/>"On my part, I shall continue to do my utmost in working for peace in our continent.
<#/>I trust that in those efforts I shall continue to enjoy the full support of all the Members,"
the President said.
<#/>He observed that developments and trends at the international level had continued to be
largely hostile to Africa's efforts for economic and social growth.
<#/>"In fact, the adverse force of the factors involved appears to be intensifying as we enter
the 1990s. <#/>Whether one looks at commodity prices, levels of economic assistance, direct
investment or even general political interest Africa is becoming increasingly marginalised in
the world economy. "
</I><I> <h> <#/>Ouko: Speaker silences Biwott </h>
<#/>An attempt by Mr Nicholas Biwott to read a statement in the House on his alleged
complicity in the murder of former Foreign Affairs Minister Robert Ouko failed
yesterday after the Speaker ruled the matter sub judice.
<#/>Mr Biwott had told the House he wanted to read the statement because he "had been
libelled and maligned more than any other politician in Kenya during the last two years".
<#/>The former Energy Minister, who wielded the lengthy statement he wanted to read, said
he had "deeply agonised over issues levelled against me at the defunct Ouko judicial
commission" and wanted to "come out clean" over the whole affair.
<#/>He said that he had earlier promised to make a statement in Parliament after the
Commission of Inquiry concluded its work.
<#/>Mr Biwott, the Kerio South MP, said he was now free to comment since the Commission
had been dissolved. <#/>He added that the Commission was terminated before he could
appear before it.
<#/>He said that as soon as Scotland Yard's Supt (Rtd) John Troon started giving adverse
evidence against him, he dispatched his advocates to Kisumu to appear before the
<#/>"The Government terminated the Commission and I was held in police custody for two
weeks. <#/>I was thereafter released because there was no evidence to sustain a case against
me," he said.
<#/>He said that one of the allegations made against him was that there was bad blood
between him and Dr Ouko during President Moi's January-February 1990 visit to the United
<#/>At this juncture, the Nyeri MP, Mr Waihenya Ndirangu, rose on a point of order and
cautioned the House that matters touching on Dr Ouko's death were sub judice.
<#/>"The mysterious disappearance and death of Dr Ouko have never been resolved. <#/>As
we sit here, Jonah Anguka is in custody after being charged with the murder of Dr Ouko," he
<#/>The Attorney-General, Mr Amos Wako, and other MPs in the House, were apparently
taken by surprise by Mr Ndirangu's point of order.
<#/>The Speaker, Prof Jonathan Ng'eno, asked the A- G to enlighten the House about the law
before he could make a ruling.
<#/>But on a point of order, the Msambweni MP, Mr Kassim Mwamzandi, told the Speaker
the point of order had been addressed to him and not to Mr Wako. <#/>However, Prof Ng'eno
insisted that Mr Wako explain the law before he could make a ruling.
<#/>On another point of order, the Webuye MP, Mr Joash wa Mang'oli, said it was clear that
matters in court could not be touched upon as they were sub judice.
<#/>The Speaker said he thought Mr Biwott was going to address himself to matters raised in
the now-defunct Commission, but added that he would make a ruling after the A-G explained
<#/>Mr Wako referred the House to Standing Order No 74, which says that no Member
should refer to any matter which is sub judice or which is secret. <#/>"All matters before a
judicial body are sub judice," he added.
<#/>"There are matters which were raised at the Commission which were pure hearsay and
were not likely to be adduced in court," he said. <#/>However, he cautioned that House
should not touch on matters relating to Dr Ouko's death.
<#/>The Speaker said he had not read what was contained in Mr Biwott's statement, but felt
that there were matters which could infringe on what was being heard before a court of law.
<#/>He told Mr Biwott not to talk about anything to do with the murder of Dr Ouko.
<#/>Mr Biwott said that all he wished to say was that allegations made about him at the
Commission were lies, and nothing else.
<#/>Earlier, Mr Biwott accused Finance and Society magazines of having libelled him.
<#/>He said that what had been written about him was "stupid" and he had first thought of
suing the magazines but later decided they may not have enough money to pay him damages.
<#/>He criticised Finance magazine.
<I> <h> <#/>Amnesty acts against Kenya </h>
<h> <#/>Nairobi replies to set of charges </h>
<#/>KENYA yesterday laughed at an attempt by Amnesty International to smuggle a set
of resolutions through the European Parliament containing the usual claim that the
advocates of "democracy" in Kenya are being denied their "human rights".
<#/>Copies of this set of proposed resolutions <-_was><+_were> circulated in Nairobi
yesterday by the newly elected chairman of the Law Society of Kenya (LSK), Mr Paul Muite,
causing a well- placed Government spokesman to comment:
<#/>"The fact that Mr Muite has allowed himself to be a distributor of such a document
proves that he is an agent of Amnesty, an organisation which is always quick to come to
negative conclusions about <-/Kneya> without making any effort to verify its conclusions by
coming to Kenya.”
<#/>We were unable to establish whether the resolutions have reached the European
Parliament, which is based in Brussels, the Belgian capital, but it is clear that the draft had
been made by Amnesty itself.
<#/>The telefax paper on which it is done bears Amnesty's name. <#/>And yet one of the
proposed resolutions asserts that there are ... reports from authoritative sources, including
Amnesty International, of frequent and widespread abuse of human rights in Kenya in recent
years, mainly affecting opposition figures who are campaigning for a multi-party democracy
<#/>In other words, Amnesty is trying, by trickery, to induce the European Parliament to
endorse Amnesty's own self-portrayal as an "authoritative source".
<#/>Yet there is no authoritative evidence whatever in the proposed resolutions to prove
"frequent and widespread abuse of human rights in recent years in Kenya affecting mainly
<#/>The word "mainly" implies that a number of non- opposition "figures" have also been
denied "human rights". <#/>But they are not mentioned by name. <#/>It is only from among
"the opposition" that any names <-_and><+_are> named.
<#/>They are George Anyona, Edward Oyugi, Ngotho Kariuki, Augustus Kathangu and
Gitobu Imanyara. <#/>Thus Amnesty can produce only five names to prove that "human
rights abuse" in Kenya is "frequent and widespread".
<#/>Of the first four, the proposed resolutions say that they have been "arrested and detained
without bail .... on sedition charges ..." This charge is, of course, true, except that instead of
the word "detained" the writer should have used the words "remanded in custody".
<#/>The word "detained" is preferred probably because it places the four accused on a par
with Mr Kenneth Matiba, Mr Charles Rubia and Mr Raila Odinga - the only three being
detained by Kenya without charge - who are claimed by the Western Press, politicians and
"human rights watchdogs" to be the apostles of "democracy" in Kenya.
<#/>The Kenyan Government spokesman yesterday ridiculed this charge by reminding
Amnesty that the four have been charged with criminal offences and are being tried strictly in
accordance with Kenya's Criminal Code, a code borrowed mainly from the British system
itself, a system with which Amnesty has never had any quarrel.
<#/>He pointed out that a 76-year-old woman was recently arrested and is being prosecuted in
London for circulating a certain kind of literature because the literature did not caress the
<#/>Yet Amnesty had never said anything about this incarceration in London, although the
charges were similar to those against Mr Anyona and his colleagues.
<#/>Instead Amnesty says, as a fact already proved, that "...these four political activists, who
even the prosecution do not allege have used violence (sic!), have apparently been subjected
to torture, ill-treatment and denial of access to lawyers and medical treatment ...”
<#/>The spokesman yesterday pointed out that the allegation about denial of lawyers was a
blatant lie, saying that Kenyans knew to the contrary. <#/>He agreed, that the four had alleged
in court that they had been tortured and denied medical treatment, and even food.
<#/>But he pointed out that the Kenyan Government had never hushed these claims, such as
by prevailing upon the Press not to report them. <#/>He said that in any good legal system an
accused was entitled to any claim however wild and that, as long as the claim was being made
in a privileged forum, the Press had the right to report it fully.
<#/>The spokesman stressed, however, that the Anyona claims remained mere claims until
the court should prove them correct or false. <#/>He recalled that the prosecution had denied
the charges as vigorously as they had been made by the defence.
<#/>In any country ruled by law, they must, therefore, be left entirely in the hands of the
judge or magistrate to use the evidence at his disposal to rule whether the torture and denial
claims are correct or not.
<#/>In Britain itself, he pointed out, it would be sub judice and serious contempt of court to
comment one way or the other out of court on a matter still before that court.
<#/>And yet it is these defence allegations that Amnesty adopts as the gospel truth and tries to
use to prevail upon the European Parliament to take drastic economic actions against Kenya,
ignoring completely the fact that in every court case, there are two sides and that a good
reporter must report both sides fairly.
<#/>The <-/Governments> spokesman reminded Amnesty, moreover, that Mr Anyona, Mr
Oyugi and their friends are not the only Kenyans who are in remand custody pending criminal
hearings. <#/>He said that even in London there are a legion of people in such custody "who
have been arrested and detained without bail ..." Bail or no bail was an option recognised by
all countries with an independent judiciary.
<#/>It must not be condemned, he said, only when it concerns a handful of individuals who,
by their political <-_posturings><+_posturing/poses>, appear to the extremely prejudiced
senses of Africa's political magistrates in the West to be the only disciples of democracy in
<#/>If custody, jail and even detention were what were at stake, the spokesman went on, and
not political prejudice and self-congratulation, Amnesty would be seen to be speaking boldly
for the hundreds of suspected criminals languishing in police custody, not only in Kenya but
also in Britain.
<#/>To criticise Kenya's judiciary for recommending remand custody for a certain class of
criminal suspects - just because those suspects caress deep-seated Western prejudices - was
even to expose one's racism. <#/>"If Africans are doing it it must be bad, though Europe is
doing it even more and is even the region which bequeathed to Africa its legal structure," the
<#/>In its proposed resolutions, Amnesty recommends to the European Parliament that it
should be "... perturbed at the state of Mr Gitobu Imanyara, journalist, lawyer, human rights
activist and editor of the Nairobi Law Monthly ...”
<#/>It says that Mr Imanyara was arrested on March 1, "after the publication of an issue of
the Nairobi Law Monthly which had been seized by the police two days earlier and which
contained an editorial criticising the Government for tribalism and the manifesto of a new
banned opposition party, the National <-/Domocratic> Party ...”
<#/>Here again, the spokesman commented, "fact is mixed with fiction". <#/>He admitted
that the publication had been confiscated by the police and that Mr Imanyara had been
arrested after carrying those particular articles.
<#/>But he asked: "How can anyone ban a political party which does not <-/exsit>? He
added: "If the articles claimed to be seditious are not seditious and the sedition charge is not
adequately supported by Kenya's laws, it is only for the court to decide, and again it is sub
judice and contempt of an African court for Europeans to suggest that the Kenya Government
has no right to arrest and prosecute anybody suspected to have committed a crime.”
<#/>The Amnesty statement goes on: "Mr Imanyara had been awarded the Golden Pen of
Freedom by the International <-/Feeration> of Journalists for his merits in the field of the
defence of human rights and free speech.”
<#/>This fact is, in fact, reported in the controversial issue of Law Monthly itself. <#/>But the
spokesman commented that it was totally irrelevant to the issues raised by the Amnesty
proposals against Kenya.
<#/>He said it only proved that Mr Imanyara was in league with journalists against whom all
Third World countries have been complaining throughout the seventies and the eighties.
<#/>It proved that Mr Imanyara was one of Africa's writers for whom all judgements by
Western journalists and politicians were always the gospel truth.
<#/>The spokesman said that, in any case, throughout the fifties, sixties and seventies, the
Soviet Union had awarded the Order of Lenin to certain Americans who would have been
hanged at home. <#/>A foreign honour, he concluded, did not shield an individual from the
legal process in his own country.
<#/>The Amnesty proposals report that while Mr Imanyara had been in remand custody, "he
may have been tortured by the Department for State Security Intelligence, as many other
political prisoners have been.”
<#/>Again it adduces no evidence for the latter remark. <#/>But the spokesman burst
into laughter when we read out this bit to him. <#/>"Who can take seriously an
organisation which pillories a whole country for imaginary sins when that organisation
has no evidence except ‘maybe’?"
<#/>The London report goes to tell the European Parliamentarians that "...on March 3 ... two
journalists on the Weekly Review were beaten on the orders of Mr Biwott, Kenya's Energy
<#/>Again this is reported as an unassailable fact. <#/>The reported story - and one which has
been roundly <_/condemed> by Kenya's own Press - is that the two journalists were caned by
Mr Biwott's aides.
<#/>But nobody has ever produced any evidence that Mr Biwott did the ordering.
<#/>Whether one likes Mr Biwott or not - and, like every politician, he has many enemies - it
is difficult to imagine that a man of his experience would order such a thing at a <-/criticl>
time in Kenya's political history, the spokesman argued.
<#/>He pointed out that such misguided robustness by aides of certain politicians, and even
by certain policemen and administration officials, has been reported in Kenya's own
newspapers. <#/>And it has received the condemnation it deserves and even landed the
culprits in court, who were often convicted and punished.
<#/>The spokesman reiterated that it was no more Government policy to cane people in such
circumstances - or in any other - than it is a policy of the Government of President Bush that
policemen should subject suspects to such brutalities as are now rocking the city of Los
<#/>The White House had no more to do with it than State House, Nairobi, had to do with the
alleged clobberings, he said. <#/>For even were Mr Biwott to be behind them, they still
would not constitute Government policy and practice, he added.
<#/>Nevertheless, the Amnesty resolutions could still call "on the Bureau of the ACP - EEC
Joint <-/Assemby> to send a mission to <-/Kenyan> to investigate the violations of human
rights, draw up a report and recommend what action should be taken.”
<#/>In other words, Amnesty was saying that it had no real evidence for its claims.
<#/>It "calls on the Commission and Council to make representations to the Kenyan
authorities, pursuant to the Fourth Lome Convention, and to consider the possibility of
suspending application of the Convention in so far as its Article 5 is not being respected.”
<#/>It "calls on the Kenyan authorities to respect Articles 18 and 19 of the Universal
Declaration of Human Rights by immediately releasing Mr Imanyara who was arrested solely
for peacefully expressing his views, and Mr Matiba, Mr Rubia and Mr Odinga, detained
indefinitely without trial.”
<#/>It suggested to the European Parliament to "support the call by Amnesty International for
the immediate release of the four opposition activists who are on trial and for an impartial
investigation into their allegations of torture.”
<#/>It "<-_call><+_calls> on the Council and Commission to make representations to all the
states providing military aid to Kenya, in particular the United States, with a view to halting
such aid forthwith.”
<#/>It asks Parliament to "instruct its President to forward this resolution to the
commissioner, the Council, the Kenyan authorities and the ACP-EEC Joint Assembly.”
<I> <h> <#/>Law monthly free to print </h>
<h> <#/>Thanks, Imanyara tells Wako <h>
<#/>THE Attorney-General, Mr Amos Wako, yesterday lifted the ban imposed by his
predecessor, Mr Justice Matthew Guy Muli, on the Nairobi Law Monthly magazine.
<#/>Immediately after the ban was lifted, the Editor-Publisher, Mr Gitobu Imanyara, said the
new AG's move would go a long way to "undoing the harm done by Mr Justice Muli to the
<#/>Mr Imanyara pleaded with the AG to unban other prohibited magazines - the Christian
magazine Beyond, the Financial Review and Development Agenda, all banned by Muli.
<#/>The lifting of the ban on the Nairobi Law Monthly is contained in a legal notice No 274
in the official gazette.
<#/>The AG said he was making the order - the Prohibited Publications (Revocation) Order
1991 - in accordance with the powers conferred on him by section 52 of the Penal Code.
<#/>Said Mr Wako: "This order may be cited as the Prohibited Publications (Revocation)
Order, 1991. <#/>The prohibited publications order, 1990, is revoked.”
<#/>On banning the magazine last October, Mr Justice Muli said in a legal notice 420, 1990:
"In exercise of powers conferred to me by section 52 of the Penal Code, the AG makes the
following order: the prohibited publications Order 1990. <#/>All past, present and future
issues of the periodical publication entitled Nairobi Law Monthly printed and published by
Kaibi Limited, Tumaini House, 4th floor, Nkurumah Avenue, P. O. >Box 53234, are declared
<#/>Development Agenda was banned on August 25, 1989, together with the Financial
Review Beyond, a publication of the National Council of Churches of Kenya, was banned in
March, 1988, after publishing articles attacking the queue-voting system.
<#/>Yesterday, Mr Imanyara went to court to contest the banning of his publication only to be
told of Mr Wako's move. <#/>Mr Imanyara said it was a cause for jubilation to himself and
the whole staff of the magazine.
<#/>"We celebrate and rejoice that Mr Wako is undoing some of the harm that his
predecessor had caused us," said Mr Imanyara in a statement read by phone to the Kenya
<#/>He said Mr Wako's act of restoring legality of the magazine had affirmed his
commitment to the rule of law. <#/>It had also affirmed a principle "deeply cherished by all
those who believe in a free and independent Press".
<#/>Mr Imanyara said, it indicated that ideas could be better met with ideas and not might.
<#/>"Those who meet ideas with a show of might only served to vindicate the very ideas they
wish to suppress," said Mr Imanyara.
<#/>Immediately after Mr Imanyara's publication was banned last year, the editor proceeded
to court seeking to have the ban revoked.
<#/>He claimed in his suit that the order made by Justice Muli to ban his publication was in
breach of <-_the> Kenya's municipal and international legal obligations including the
universal declaration of human rights, particularly article 19.
<#/>Mr Imanyara said then that section 52 of the penal codes cited by Justice Muli, to ban the
magazine was a pre-1963 provision imposed on Kenya in 1930 for the purpose of controlling
and prohibiting the expression of opinion against the perpetuation of colonial rule and a
demand for independence.
<#/>He said the provision, which still exists in our penal code, was inconsistent with the
ideals of the Republic, which envisaged a tolerant society.
<#/>The Law Monthly, before its banning, had published what was seen as an offending
edition, headed "The Historic Debate".
<#/>The offending edition of the magazine dwelt on the law, democracy and multi-party
politics in Kenya.
<#/>Mr Imanyara, who was released from detention and sedition cases facing him
subsequently dropped , pleaded with the Attorney-General to rescind his decision saying the
banning meant all the Kenyans who had copies of the Law Monthly were liable for
<#/>However, a court order gave Mr Imanyara to go ahead to continue publishing his
magazine pending hearing and determination of his case.
<#/>However, Mr Imanyara faced new problems in February, this year, when he published
another article in his Law Monthly entitled "Tribalism".
<#/>He was picked up soon after the publication of the editorial and was only released on
May 28 after the A-G entered a <foreign/>nolle prosequi<foreign/> against the sedition
charges facing him.
<I> <h> <#/>Njonjo is in Ford - Odinga </h>
<h> <#/>Ex-Minister offers to give cash aid </h>
<#/>FORMER powerful Minister for Constitutional Affairs Charles Mugane Njonjo has
joined Ford and agreed to assist the party with cash, the interim party chairman, Mr
Oginga Odinga, said yesterday.
<#/>Mr Njonjo held an hour-long meeting with his long-standing political foe, the interim
chairman of the Forum for the Restoration of Democracy, Mr Oginga Odinga, at the
<-_former's><+_former> <-_Muthaiga><+_Muthaiga's> residence. <#/>Mr Njonjo agreed to
join the party as "an ordinary member" and to assist it financially.
<#/>The meeting which was held between 8.30 and 9.30 am, was also attended by Ford
activist Paul Muite, who is Njonjo's lawyer and who has been accused of fronting former
Minister. <#/>Njonjo's wife, Margaret, joined the talks over tea.
<#/>Confirming the meeting, Mr Odinga told the Kenya Times that the talks were "fruitful,"
saying that he made the initiative to meet the former minister.
<#/>"He willingly agreed to join Ford as an ordinary member and said he was ready to assist
us financially," Mr Odinga quoted Mr Njonjo as saying. <#/>But efforts to confirm this from
the horse's mouth were fruitless. <#/>Mr Njonjo told us through the Post Office that "he does
not talk to the Press".
<#/>Mr Odinga said Mr Njonjo did not indicate that he was interested in the party leadership.
<#/>Asked whether the former Minister indicated the amount of money he was willing to give
the party, Mr Odinga said: "We gave him our request and left him to ponder over it.
<#/>However, he agreed to help us.”
<#/>Mr Njonjo's low profile and silence amid a <_/ranging> political storm had kept people
guessing about his intentions.
<#/>The former Attorney-General who in his political peak in the early '80s was regarded as
an institution unto himself, went down disgracefully in 1983 when a Commission of Inquiry
found him guilty of attempts to grab leadership from President Moi through unconstitutional
means. <#/>His re-emergence and support for the Ford is likely to change the leadership
equation of the party markedly.
<#/>Yesterday, Ford's publicity and information committee chairman Gitobu Imanyara issued
a press statement saying the meeting between Odinga and Njonjo was no secret.
<#/>"For public record, it is also acknowledged that the meeting this morning (yesterday)
between Mr Njonjo and Mr Odinga was no secret. <#/>Nothing sinister was discussed," said
<#/>Ford is scheduled to hold its grassroots elections from August 1, culminating with the
party's annual delegates congress on August 22 and 23, where the party's top leadership and
other officials will be elected.
<#/>The party, however, seems to be in financial problems and on Thursday, the national
steering committee meeting started a series of <ea/>harambees to raise money for the party's
election. <#/>During the meeting at Ufungamano House, a total of Sh4,339,203 was pledged
with Sh468,000 raised at the meeting.
<#/>The party's estimated budget for the elections stands at Sh13 million and a source from
the Ufungamano meeting told the Kenya Times that apart from the pledged <-/monies>, the
party will approach individuals and foreign missions based in Nairobi for more money.
<#/>Yesterday's meeting between Mr Odinga and Mr Njonjo could be the first move by Ford
to approach individuals to fund the party.
<#/>Since Ford was registered early in the year, there has been talk within the party that
lawyer Muite, who is a Ford national steering committee member, has been fronting for Mr
Njonjo in the party as a future president.
<#/>Political observers have also said that the recent campaigns by Mr Muite in the Kikuyu
constituency were to prepare the electorate for a political comeback of Mr Njonjo, who
resigned as the area Member of Parliament on June 30, 1983 after publicised accusations that
he was plotting to overthrow the Government of Kenya.
<#/>The Njonjo-Odinga marriage is a curious issue given that it is widely believed that Mr
Njonjo played a major role in the post-colonial political problems that Mr Odinga was faced
with including detention.
<#/>The 72-year-old was Kenya's first African Attorney-General in independent Kenya.
<#/>He was appointed to the post by the late President Kenyatta in 1963, a position he served
for 17 years before retiring in 1980 to vie for the Kikuyu Parliamentary seat, which he won
and held until 1983 when he resigned.
<#/>Mr Njonjo's worst political time dawned when he was accused of plotting against
President Moi in 1983. <#/>He was suspended from the Cabinet after which he had to face a
public commission of inquiry to probe his conduct.
<#/>The commission was to inquire into allegations that Mr Njonjo was involved in a
conspiracy to overthrow the Government in August, 1982.
<#/>Among other allegations inquired into were that Mr Njonjo acted against the country's
interest and policy of maintaining good neighbourliness and opposing the inhumane regime of
South Africa. <#/>Mr Njonjo was said to have been party to a conspiracy to overthrow the
<#/>The commission was also to inquire into allegations that Mr Njonjo had misused office
as A-G and as minister, in that he arrogated to himself the duties and powers of the President.
<#/>The commission, which was headed by the late Justice C. H. F. Miller sat for 109 days at
a cost of Sh8. 95 million.
<#/>Mr Njonjo was represented in the commission by a prominent Briton lawyer W. S.
Deverell and Mr Paul Muite. <#/>The commission finally found Mr Njonjo guilty of most
charges, especially those to do with undermining the State and the President. <#/>But
President Moi later pardoned him on grounds of age and his long service in public service.
<#/>Mr Njonjo was, however, expelled from Kanu on September 14, 1984.
<#/>Mr Njonjo had during his career as A-G and Minister crossed swords with most of the
current Ford Leaders.
<#/>But a political observer and a Ford member confided to the Kenya Times that following
the formation of Mwai Kibaki's Democratic Party of Kenya and fears that Kanu was still
entrenched in the Kikuyu community, Ford has been shopping around for respected and
senior Kikuyu leaders to further split the Kikuyu vote and have the votes of Luhyas and Luos
carry the day for Ford.
<#/>Our source said apart from the finance issue, Ford found Mr Njonjo the right man to
subdivide the Kikuyu vote in Central Province and more so in Kiambu District, where he has
a large following.
</I><I> <h> <#/>Somalis free Kenyan airmen </h>
<h> <#/>3 officers welcomed in Nairobi </h>
<#/>THE three '82 Air Force officers who were captured by a Somali rebel faction 12
days ago when their helicopter strayed into Somalia, returned to Nairobi yesterday.
<#/>The three arrived at the Wilson Airport, Nairobi, at about 1.45 pm aboard a chartered
flight. <#/>Their helicopter strayed 170 kilometres into Somalia, when they were nabbed by a
faction of the Somali warlords.
<#/>The release of the three officers, Captain Makaka, Lieutenant Otieno and Sergeant Siso,
was facilitated by the office of the United Nations Secretary-General's special representative
to Somalia, Ambassador Mohammed Sahnoun.
<#/>The three officers were met by senior '82 Air Force officers and the American
Ambassador to Kenya, Mr Smith Hemptsone. <#/>They were immediately whisked away in
two military vehicles.
<#/>The three airmen who wore casual T-shirts, jeans and jackets looked worried and
haggard but obviously happy to be back home. <#/>They were not allowed to talk to the
journalists as they were led to awaiting military cars.
<#/>The officer in-charge of the reception team, Brigadier Nick Leshan, told newsmen that
the three officers would first be taken to the Forces Memorial Hospital for medical check-ups.
<#/>However, none of the officers showed any signs of physical torture.
<#/>Brig Leshan said the officers flew to Kenya from Mogadishu. <#/>He also confirmed
that the Kenyan helicopter impounded by the Somali faction had not been released.
<#/>The three '82 Air Force crew left their Eastleigh airbase on September 23 for a routine
duty in Mandera and were due to return to base through Garissa. <#/>However bad weather
forced the pilot to stray 90 nautical miles into Somali airspace.
<I> <h> <#/>Imanyara's lawyer storms out of court </h>
<#/>A lawyer representing the ailing Mr Gitobu Imanyara in a constitutional reference
yesterday stormed out of a Nairobi High court after her request for an adjournment was
<#/>However, this did not stall the hearing as the Deputy Litigation Counsel, Mr Moijo ole
Keiuwa, continued with his submissions.
<#/>And in another court, Mr Justice David Christopher Porter dismissed a fresh bail plea for
Mr Imanyara, but on condition that he remains in the custody of the Kenyatta National
Hospital where he is being treated.
<#/>Ms Martha Njoka, one of three lawyers representing Mr Imanyara, withdrew after Mr
Justice Norbury Dugdale dismissed her application for adjournment because Mr G. B.
Kariuki, who is leading the case, was still "indisposed".
<#/>She said that she had no instructions from lawyer-cum-journalist Imanyara to proceed
with the suit in Mr Kariuki's or Mr Imanyara's absence.
<#/>Ms Njoka stormed out of the courtroom at 3 pm. <#/>She told the court after her
application was dismissed with costs: "May I then be allowed to leave because I have no
instructions to proceed with the case.”
<#/>Mr Justice Dugdale then asked Mr Keiuwa what he intended to do with the application.
<#/>Mr Keiuwa said he was ready to make his submissions in the application, which he
attacked as being "misconceived." <#/>He said the applicant had not proved the alleged
inconsistencies in the sections of the Constitution Mr Imanyara was complaining of.
<#/>In his ruling, Mr Justice Dugdale reminded Ms Njoka that when the parties were before
him last April 30, the court ordered that the case would continue yesterday even if Mr Kariuki
was still unwell. <#/>The judge noted that Ms Njoka and the other lawyer, Mr Japheth
Shamala, were experienced enough to proceed with the case in Mr Kariuki's absence.
<#/>To which Mr Justice Dugdale remarked in his ruling: "You visited Mr Imanyara at the
Kenyatta National Hospital yesterday, but failed to visit Mr Kariuki to obtain instructions
over this matter.”
<#/>The judge said Mr Kariuki had declined to ask his physician, a Dr Gikonyo, to report to
the court the nature of his illness as directed earlier.
<#/>During the hearing of the plea for adjournment, Mr Keiuwa urged the court to order Mr
Imanyara's lawyers to disclose reasons for their reluctance to proceed with their own
<#/>Mr Keiuwa submitted that the section under which the application had been brought to
the court required the matter to be dealt with as soon as possible.
<#/>But Ms Njoka took great exception to Mr Keiuwa's remarks which allegedly insinuated
there were reasons other sickness on the part of their client and the leading counsel, Mr G. B.
M. Kariuki, that prompted her to seek for an adjournment.
<#/>"My lord, I take great exception to the remarks by my learned friend (Keiuwa) that there
are other reasons behind the applicant's (Imanyara) move to seek an adjournment other than
the ill-health of the leading counsel," she told Mr Justice Dugdale.
<#/>And she claimed the remarks were baseless and made in bad taste. <#/>She challenged
Mr Keiuwa to tender evidence to show Mr Imanyara's application for a constitutional matter
was made <foreign_>male fides<foreign/>.
<#/>If Mr Keiuwa had such evidence, said Ms Njoka, then it was his obligation to lay it
before the court. <#/>"A court of law does not act on insinuations ... <#/>It is serious
<#/>Mr Imanyara's constitutional reference seeks to strike out of the Laws of Kenya the
Constitutional (Amendment) Act No. 7 of 1982.
<#/>Ms Njoka said she and Mr Japheth Shamalla could not proceed with the case in absence
of Mr Kariuki because the latter had obtained instructions from Mr Imanyara, himself an
advocate, about a research material document confiscated by the police when arresting Mr
Imanyara in March. <#/>She said the document was very vital for their case.
<#/>At one point, Ms Njoka complained: "My lord, you seem not to take pleasure in any of
my submissions ...”
<#/>"But I am trying to assist you," Mr Justice Dugdale told her.
<#/>She submitted that her role and that of Mr Shamalla were merely supportive. <#/>Mr
Kariuki, as the leading counsel, had Mr Imanyara's instructions to direct and conduct the
<#/>"The role of the leading counsel and that of supportive counsel are totally different," she
<#/>Mr Kariuki felt ill on April 29.
<#/>Yesterday, Ms Njoka reminded the court it had directed on April 30 that the case would
continue yesterday even if Mr Kariuki was still indisposed.
<#/>"Today's date falls within the day the doctor ordered Mr Kariuki to rest. <#/>Mr Kariuki
has requested for adjournment. ... he had agonised over this matter and found it difficult to
balance the interests of his client and those of his health," she added.
<#/>"I am now in a dilemma, having seen Mr Imanyara in hospital yesterday, where he has
been for two weeks now. <#/>It is unfortunate that Mr Imanyara is not here today. <#/>I urge
the court to adjourn this matter as I have no instructions whatsoever from Mr Imanyara to
proceed with this matter.”
<#/>But Mr Keiuwa submitted: "This is not the place or time for Ms Njoka to come and say
we have not been instructed.”
<#/>He said the application was brought under Section 84 of the Kenya Constitution and "I
submit that the only primary object of an application under this section is to obtain a speedy
trial of the application as opposed to the filing of a plaint ...
<#/>"That was why Mr Imanyara was given an immediate hearing date. ... The law requires it
be discarded with as soon as possible.”
<#/>The hearing continues.
<#/>Meanwhile, Mr Justice Porter ruled in the Imanyara bail case: "Should the authorities
there (at Kenyatta Hospital) - as a medical consideration which is not a matter for me - decide
that he should not remain there, then I would invite further application on this matter on
behalf of the applicant.”
<#/>He said continued remand of Mr Imanyara in custody would exaggerate his fits, and
might cause him injury or loss of life, writes David Rogoncho.
<#/>The judge said that the regular diet recommended by Mr Imanyara's doctors was
extremely difficult for the prison staff to undertake.
<#/>"I am not satisfied that the prison authorities will be able to provide the facilities which
are clearly absolutely necessary in this case," he said while referring to the publisher's medical
<#/>However, the judge said there was still a danger for Mr Imanyara committing offences
while out on bail.
<#/>He referred to the offences Mr Imanyara allegedly committed as certain acts with an
intention to bring into hatred or contempt or to excite disaffection against the Government of
Kenya contrary to the legal provisions.
<#/>At the same time, Mr Justice Porter thanked Mr Imanyara's two doctors for their
unbiased assessments based "on the best information available at the time the reports were
<#/>The judge said: "In simple terms then, I find on the evidence before me that weighing
everything together, Mr Imanyara should remain in custody, if his place of custody is to be
under the care of the Kenyatta national Hospital, but not if he is to be returned to remand
<#/>Mr Imanyara, the Editor-in-Chief of the Nairobi Law Monthly magazine, has been in
remand for the past 66 <O/> since he first appeared in court on March 5.
<#/>The hearing of his fresh bail application started in the High court on May 2 in camera,
having been filed by a Nairobi lawyer, Dr John Khaminwa, after the publisher suffered fits.
<#/>Chief Magistrate Omondi-Tunya rejected the application last week but ordered that Mr
Imanyara remain in hospital.
<#/>Regarding speculation that Mr Imanyara had suffered brain damage after <O/> under
torture, Mr Justice Porter said yesterday: "I am happy to dispel this misconception. <#/>There
is no medical evidence whatsoever of such a misconception, and those representing Mr
Imanyara ... have not put such a suggestion forward."
</I><I> <h> <#/>Forgery earns MP 12 months </h>
<#/>The MP for Kasipul-Kabondo, Otieno K'Opiyo, was jailed for 12 months yesterday
for forging documents from the Ministry of Agriculture and Livestock Development.
<#/>"The accused went out of his way to alter documents relating to products that he had
bought from the Kenya Meat Commission," said Nairobi Chief Magistrate <-/Uniter> Pamela
<#/>The MP was found to have altered a figure of 25 cases of beef to 156.
<#/>Mrs Kidullah said the accused was a Member of Parliament but "the laws are not meant
for the ordinary mortals while the <-/enacters> are above it.
<#/>"The accused was in the best position to know what was right and what was wrong, what
was lawful and what was not.”
<#/>Attempts by K'Opiyo's three lawyers to have him released on bond pending appeal were
rejected by Mrs Kidullah, who said she had considered all the mitigating factors by defence
counsel Miss Anne Mwaura, Mr James Orengo and Mr George Kaptein, especially the fact
that he was a first offender.
<#/>The Magistrate rejected counsel's plea to give their client a non-custodial sentence
because he was an MP.
<#/>Miss Mwaura told the court that the MP would lose his Parliamentary seat if imprisoned.
<#/>The legislator was given 12 months' imprisonment for forgery and eight months for
uttering false documents, the sentences to run concurrently.
<#/>Dr K'Opiyo was allowed 14 days to appeal against conviction and sentence.
<#/>"The principles of sentencing call for a first offender being treated leniently and not
being sent to prison but being left in the community for the purposes of rehabilitation," Mrs
<#/>"Against these mitigating factors, I have considered the circumstances of this case and
the very fact that the accused went out of his way to alter documents purporting to show that
the documents had been duly authorised and signed by a Dr Mbaabu of the Agriculture and
Livestock Development Ministry based at the KMC, Athi River.
<#/>Mrs Kidullah said the laws were enacted to govern everybody and to be obeyed by all.
<#/>Going out of his way to break the law was most reprehensible and the only way everyone
could see the law was for all and sundry was to punish the accused adequately, she added.
<#/>The bespectacled K'Opiyo wore a dark suit and blue shirt.
<#/>K'Opiyo was elected FORD Kenya MP for Kasipul-Kabondo at the General Election
with 30,018 votes against 1,340 for this nearest rival, Mr William Otula of PICK. <#/>The
Kanu candidate got 362 votes.
<#/>Miss Mwaura said K'Opiyo was a respectable citizen and was married with school-going
children who depended on him. <#/>She pleaded for a non-custodial sentence.
<#/>Mr Orengo applied for bond pending appeal, arguing that K'Opiyo had returned from
Germany last week, proving he would not abscond if bonded. <#/>The legislator has been on
bond since 1992 and had never attempted to flee the country.
<#/>K'Opiyo pleaded not guilty to six counts of forgery and uttering false documents between
December 1991 and February 1992. <#/>He was convicted on two counts only.
<#/>He forged a veterinary certificate purporting it to have been issued by Dr Mbaabu at the
<#/>He made it without authority showing it was for 156 cases of beef extracts for export
instead of 25.
<#/>Mrs Kidullah ruled that Dr Mbaabu did not sign a veterinary certificate for 156 cases but
for 25. <#/>"Alteration of figures was made to deceive," she said. <#/>She rejected K'Opiyo's
defence that the had nothing to do with the documentation.
<I> <h> <#/>Leading Muite prosecution lawyer ... </h>
<h> <#/>Shah receives death threat </h>
<h> <#/>We know who the caller is, he says </h>
<#/>A seasoned city lawyer, Mr A. B. Shah, who is prosecuting the widely publicised
Muite contempt case, yesterday received an ominous death threat: "Get out of the office
together with your partners and staff or be killed.”
<#/>In what appeared a cloak-and-dagger game, a man speaking in what was described as
"good English" and "sounding educated" telephoned Mr Shah's secretary, Mrs Betty Obala at
9.15 am, to issue the death threat.
<#/>"I panicked, yes," Mrs Obala told me. <#/>"I asked the caller if he wanted me to put him
through to Mr Shah but he said he did not want to speak to a foreigner.
<#/>"Just tell Mr Shah to get out of his office together with his partners and staff within one
hour or be killed," the secretary, who has been with Mr Shah since 1986, quoted the caller as
<#/>Mr Shah, a specialist in civil cases occupies the entire sixth floor of Solar House, next to
the National Housing Corporation (NHC) building off Aga Khan walk. <#/>He has 13
members of staff and four partners, Mr K. A. Shah, Mr Kiarie, Mr H. M. Parekh and Mr J. B.
<#/>Mr Shah, who received the news from his scared secretary in the law firm's library, later
told the Kenya Times: "I did not get scared, but was concerned, I immediately telephoned
Central Police Station and within 10 minutes, CID Inspector Herbert Kidiga arrived and took
a statement from my secretary.”
<#/>Asked if he had any information about the man behind the voice, Mr Shah was cagey:
"For obvious reasons, I cannot tell you who it might be but we are 90 per cent sure that we
know who it is. <#/>Then again we have not proof.”
<#/>It is for this reason, Mr Shah guessed, that the caller did not want to speak to him directly
because "he knows I may know his voice".
<#/>The Nairobi Provincial CID boss, Mr William Kipsanga, concurred with Mr Shah on that
point. <#/>Mr Kipsanga, who deployed a team to investigate the death threat said the caller
and Mr Shah may be known to each other and that may have been the reason the threat was
passed on to the secretary.
<#/>The CID boss said they were taking the matter seriously. <#/>"This is a threat on
people's lives and we don't take such matters lightly.”
<#/>Asked if he had provided Mr Shah with security in view of the threat. <#/>Mr Kipsanga
simply said: "We are investigating and so we have to be there.”
<#/>Mr Shah said he had not asked for security but some form of protection for his wife and
daughters. <#/>"I only have a huge Alsatian dog at home for protection and nothing else," he
said and expressed the hope that police will do their job. <#/>But in case someone thought he
was a weakling, Mr Shah said: "Of <-/cource>, I can't take this (threat) lying down.”
<#/>Asked what went through his mind when he received the death threat, Mr Shah did not
hesitate: "I remembered the threat I got on Tuesday in court from Mr (Charles) Nyamweya.”
<#/>Mr Shah was referring to the near punch-up in court last Tuesday after he and Mr
Nyachae traded insults when Mr Justice John Mwera had adjourned a case in which the
Chairman of the Law Society of Kenya (LSK), Mr Paul Muite and six members of the
society's council are facing charges of contempt of court. <#/>They face civil jail if found
guilty of making political statements despite a standing court order restraining them from
<#/>Trouble started when lawyer G. B. M. Kariuki, who is defending the Muite group,
applied for adjournment until Thursday because, he said, he had a case in Mombasa. <#/>Mr
Shah would not hear of it and told Judge Mwera that the case should be fully heard and
<#/>At that point, Mr Nyachae told the judge: "My Lord, may it be on record that Mr Shah
does not have anything to do tomorrow. <#/>He doesn't even have any personal affairs to
<#/>An enraged Shah then stood up and pointing at his hair said: "My Lord, Mr Nyachae
cannot even respect my age. <#/>He can't see my grey hair. <#/>He is only taller. <#/>He is
thicker than I am. <#/>Even his brain is thicker than mine.”
<#/>Judge Mwera cautioned Mr Shah that his statements would not be accommodated by the
court. <#/>A fuming Nyachae thanked the judge for his "protection" saying: "I will deal with
him outside after the end of this session.”
<#/>After Judge Mwera left after adjourning the case, Mr Nyachae moved swiftly to where
Mr Shah was standing leaning on the bench but lawyer Maxwell Ombogo, who was
prosecuting the case with Mr Shah, got in between the two.
<#/>Said Mr Nyachae to Mr Shah: "You claim you have been in the bar for 27 years.
<#/>Those are just 27 years of stupidity and nothing else.”
<#/>Mr Muite who was just behind Mr Nyachae then posed: "Even after independence people
can behave in such an unorthodox manner: 27 years of what?"
<#/>Meanwhile, another lawyer, also a defendant in the case, Ms Martha Njoka, was pleading
with Mr Ombogo to clear the way so that Mr Nyachae can accomplish his "mission". <#/>She
was shouting: "Leave Mr Nyachae alone to do what he wants. <#/>Why are you interfering?
You are not party to his on the first place.”
<#/>Yesterday, Mr Shah said in answer to a question that he would not have hit back should
Mr Nyachae had punched him.
<#/>"I would have called the police. <#/>As I said then, Mr Nyachae is younger, bigger and
stronger. <#/>I would have let the law take its course and I'm grateful to Mr Ombogo for
<#/>Asked if he felt that a group of lawyers was hostile to him because of his Asian origin,
Mr Shah, who has born in Kirinyaga 54 years ago and worked in Kenya since September
1963, and who was appointed a Commissioner of Assize by President Moi in 1986 along with
five others, said:
<#/>"I'm a lawyer and I'm not a coward. <#/>I will continue to discharge my duties.
<#/>When Mr (Muturi) Kigano called me a foreigner, the implication was that I should not be
representing clients in court because I am an Asian. <#/>But then they hired Mr (Ishan)
Kapila and his son.”
<#/>Mr Shah confided that <-_yesterday><+_yesterday's> threat was not the first he had
<#/>He told me that on March 13 when he got a brief from Mr Ombogo on the LSK case, a
man with a similar voice telephoned the office and asked to speak to his partner, Mr Parekh.
<#/>"The man instructed Mr Parekh to warn me not to take up the Law Society case or even
take the brief. <#/>When Mr Parekh asked the caller to speak to Mr Shah, he refused,
repeating the warning before hanging up.”
<#/>Mr Shah also received another warning from an anonymous caller when he acted for
lawyer Kokonya Mukolongolo in a suit in which he sought a court order to restrain Mr Muite
and a group of other lawyers from convening a meeting at the Professional Centre to vote out
the then chairman of the LSK, Mr Fred Ojiambo.
<#/>This time, a man called Mr Shah and demanded: "Why are you involving yourself in
Law Society politics? What have you got to do with it? Keep off," Mr Shah, who is a member
of the LSK, quoted the caller as saying.
<#/>Born in Baricho in Kirinyaga, Mr Shah was educated in Kerugoya and Kitale schools
before joining Jamhuri High School, then Duke of Gloucester, then went to the University of
Bombay in India and later Middle Temple College in London in 1962. <#/>He returned to
Kenya where he was called to the bar the following year. <#/>He has since worked in the
country's judicial system.
</I><I> <h> <#/>18 drown as rivers swell </h>
<h> <#/>City lecturer, wife among the victims </h>
<#/>Eighteen people were yesterday reported to have drowned in separate incidents,
among them, a Nairobi lecturer and his wife.
<#/>Seven of the victims perished in a single tragedy in Lake Victoria while five died in
Machakos, as heavy rains continued to pound most parts of the country causing untold
<#/>This brings to 44 the reported cases of drowning in the last six weeks. <#/>At the end of
March, four primary school pupils were among seven people reported to have drowned in
separate incidents in various parts of the country. <#/>The most tragic was in Migori, where
two brothers who were being taken to hospital by their father fell into the Migori River and
<#/>Five people, including a driver whose vehicle was swept away by the swollen Kajiado
River, drowned in separate incidents over Easter.
<#/>A motor boat in which nine people were travelling between Siro Island, in Uganda, and
Osieko beach in Busia, on the Kenyan side of Lake Victoria, capsized due to a strong wind on
Saturday afternoon spilling the occupants into water.
<#/>Police said two of the victims, identified as Josiah Shikuku and Mrs Onukho, were
rescued by fishermen. <#/>The rest whose names were listed as Johannes Ajuma, Samwel
Wakhisi, Godfrey Okello, Majoni Okami, Amina Ahenda, Anthony Ondeke and Milly
Buhima aged 4 were feared to have drowned.
<#/>Police said the victims were all residents of Osieko beach.
<#/>A police rescue team assisted by fishermen were still searching for the bodies.
<#/>In Machakos, five people perished on Saturday evening when a Volkswagen beetle they
were travelling in was swept away in a flooded seasonal river.
<#/>Mr Alphonse Mbuvi Ndile, who was a lecturer at Animal Health and Industry Training
Institute (AHITI), Kabete, Nairobi, was driving his vehicle when the tragedy occurred.
<#/>Mr Mbuvi, with six passengers in his car, was driving to his home in Mwala Location,
after attending a funeral ceremony at Tala. <#/>As he tried to drive across the flooded River
Nyunyumu, on the Kinyui-Mbilini road, the vehicle was swiftly swept down the rocky stream
at 8. 30 pm, police said.
<#/>Mr Mbuvi perished along with his wife, Josephine Mutio, 32. <#/>Another victim,
identified as Patriciah Mbeneka, and her 15 year old son were killed, so was another
four-month-old baby boy, the son of a Mr Pius Kivindu, according to the police.
<#/>Two people identified as Mrs Elizabeth Kivindu and Ms Veronica Mukeu, were rescued.
<#/>Elizabeth was taken to Kangundo District Hospital for treatment.
<#/>Police said they had intensified the search for two of the victims (Mrs Mbuvi and Mr
Mbeneka's son), whose bodies were still missing. <#/>Police had recovered three bodies, four
<#/>At Nguluni village, Kangundo, Machakos, Mr Kambua Mutulu went to fetch water from
a nearby river that was swollen when he tripped and drowned. <#/>The body has been moved
to Machakos District Hospital for an autopsy.
<#/>Two brothers, identified as Peter Paul Waithera, 5, and Joseph Njoroge Waithera, 4, were
playing near a pit latrine under construction at their parent's home at Mattu, in Yatta location
when they accidentally fell into it and drowned. <#/>Their bodies are at the city mortuary for
a post-mortem examination.
<#/>Pius Ombewa Ogimbo, in an attempt to cross a swollen Nyakwere River, Ahero,
Kisumu, for Sangorota Market, slipped into it and drowned.
<#/>At about 1 pm in the same area, Criphine Ochieng' Abok was found floating in the
nearby River Awach. <#/>The body was fished out and taken to new Nyanza General
Hospital for a post-mortem examination.
<#/>At Kowa village in Maseno, Kisumu, Andedo Odero Ogala was found floating in the
River Awach on Saturday afternoon. <#/>The body was removed and taken to New Nyanza
General Hospital's mortuary for an autopsy.
<#/>Police headquarters reported eight more people were killed during the Easter holidays in
separate incidents countrywide.
<#/>At Undiret village, Nandi Hills, Kipwambok Kipyagan, 64, was choked to death by a
piece of meat on Saturday. <#/>He had visited his neighbour, Hilary Kiprono arap Kiili and
while having lunch, a lump of meat got stuck in the victim's throat.
<#/>Efforts to remove it proved fruitless. <#/>He collapsed and died. <#/>The body was
moved to Nandi Hills Hospital for a post-mortem examination.
<I> <h> <#/>Koigi's mother relates ordeal </h>
<h> <#/>'They called me devil worshipper' </h>
<#/>Mrs Monica Wangu Wamwere, the mother of Nakuru politician Koigi wa
Wamwere, yesterday morning narrated her ordeal after being picked up by police
officers on Wednesday morning from her Engashura home.
<#/>She said she had been subjected to 90 hours of intensive interrogation by the officers.
<#/>Mrs Wamwere was released on Friday evening.
<#/>When reporters arrived at her house several kilometres from Nakuru town she remarked:
<ea_><X_>"</X><ea/> (I thought you had come for me) mistaking the newsmen for police
<#/>Mrs Wamwere, who looked tired and tense, told reporters how she had been quizzed by
intelligence officers at the Provincial Special Branch Offices, Nakuru, and Bondeni Police
Station before being set free on Friday at 6.30 p.m. <#/>The police gave her Shs 20 to board a
<ea/>matatu to her home.
<#/>She bitterly recalled how one of the officers wanted to know how many times her son,
Koigi, had slept at the farm house, if he had brought any guests, who paid the family
telephone bills and if there were guns hidden in the compound.
<#/>"I told them I knew nothing of Koigi's whereabouts or movements as I am the mother
and not his wife and could not be expected to know," she said.
<#/>She said that while the police officers were digging all over her compound looking for
the alleged guns, one of them kicked her, sending her sprawling to the ground before the other
<#/>The officers were particularly interested in a spot where she had uprooted a banana tree
claiming that guns had been hidden there.
<#/>After failing to find any of the said guns, the officers took her to the police station and
later to the district Special Branch office before being taken to the Provincial CID offices.
<#/>She spent the night at Bondeni Police Station.
<#/>"I protested to them as they did not even allow me to put on my headscarf or shoes," she
said, claiming that she was at times made to walk around the main town centres barefoot with
her hair uncombed.
<#/>Mrs Wamwere said she had not seen her son since 1986 and was not aware if he was in
Nairobi or elsewhere in the country prior to his arrest.
<#/>"Why are these police officers asking me these questions and pestering me?" she asked in
Kikuyu. <#/>She said they had been after Koigi ever since he got into politics and she did not
see how she was involved.
<#/>"A man confides in his wife and not his mother," she said, adding that her son had not
confided in her about his activities.
<#/>Mrs Wamwere said she had protested against her continued harassment by authorities
who even demolished her house at a plot in Kabazi. <#/>Intelligence officers even barred her
from addressing the Kanu Review Committee in Nakuru, she said.
<#/>Mrs Wamwere said she asked the policemen to tell her how her son got into the country.
<#/>"Must a parent be killed on account of the activities of the <-/offsprings>?" she
wondered. <#/>She said she told the officers that Koigi was knowledgeable and mature
enough to do things on his own without parental supervision or permission. <#/>"You are the
law, you have the long arm to get him and you can do with him what you will," was her reply
to some questions posed by the officers.
<#/>"But what do you want with me?" she asked several times during the interview.
<#/>She said she told her interrogators that she knew nothing about the Kenya Patriotic Front
that her son allegedly headed. <#/>She claimed that her son's entry into politics was
engineered by the administration in 1985 during a by-election in Nakuru North.
<#/>"They insisted that he should go into parliament as he was forthright and vocal and now
see what they have done to him," she said.
<#/>Koigi had been in a seminary for some time after which he worked with a bank before
<#/>Mrs Wamwere showed reporters several places around the farm where the police had dug
in their search for guns.
<#/>She said that upon her release she was told she could not be taken home as the vehicle
had no petrol. <#/>She was, however, dropped 10 kms from her home.
<#/>Koigi's younger brother, John Njoroge, was also interrogated by policemen and told to
report back to the station tomorrow, according to the family.
<#/>"They told me I would still produce the guns but I told them I knew nothing about guns,"
Mr Njoroge said.
<#/>The officers had also wanted to know why a local priest, Father Ogala, paid her (Mrs
Wamwere's) telephone bills, yet he was not a Kikuyu.
<#/>Koigi and four other prominent people were arrested in Nairobi on Monday while
allegedly planning to execute acts of sabotage and being in possession of weapons, a
government statement disclosed.
<#/>Meanwhile, Dagoretti MP Chris Kamuyu, picked up by police at his Karen home on
Monday morning, was still being held by the police, adds Haroun Wandalo.
</I><I> <h> <#/>Cabinet reshuffled </h>
<#/>President Daniel arap Moi yesterday announced a mini-cabinet reshuffle in which
he switched two ministers, elevated an assistant minister, and promoted a member of
<#/>The mini-reshuffle was necessitated by the recent mysterious death of the Minister for
Foreign Affairs and International Cooperation, the late Dr Robert John Ouko, and the sacking
of a Minister of State in the Office of the President, Mr Johnstone Mwendo Makau, on March
<#/>Mr Wilson Ndolo Ayah, the Minister for Water Development until yesterday, had been
transferred to the Ministry of Foreign Affairs and International Cooperation to replace the late
<#/>His place has been taken by Mr John Okwanyo, who has been the Minister for Regional
<#/>Mr Mathews Onyango Midika, who has been an Assistant Minister for Labour, was
elevated to a full ministerial position and becomes the new Minister for Regional
<#/>The MP for Machakos Town, Mr John Kyalo, was promoted to become a Minister of
State in the Office of the President and replaces Mr Makau.
<#/>Mr Ayah, 56, was born at Kitambo in West Seme location of Kisumu district about 20
miles from Kisumu town. <#/>After primary education, he did his "O" level examination at
Maseno High School from where he proceeded to Makerere University, Uganda, to pursue a
Bachelor of Arts degree in Economics, History and Mathematics.
<#/>From 1959 to 1961, he attended Wisconsin University, USA, where he obtained a
Masters degree in Agricultural Economics.
<#/>In 1987 he was appointed to a full cabinet post as the Minister for Research, Science and
Technology, replacing Mr Odongo Omamo.
<#/>Mr Mathew Onyango Charles Midika was born on August 19, 1937. <#/>He received his
early education in Kenya. <#/>He attended Makerere University between 1962 and 1965
where he graduated with a degree in political science.
<#/>He was <-/fisrt> elected MP for Nyando constituency in 1974 and was re-elected during
the 1979 general elections.
<#/>During the 1988 elections, Mr Midika managed to capture the Muhoroni seat. <#/>He
was then appointed an Assistant Minister for Labour, a position he held until his present
appointment as a minister.
<#/>Mr Okwanyo was born in South Nyanza in 1928 and received his early education at Kisii
High School between 1946 and 1950 before joining the Medical Training Centre (MTC),
Nairobi, where he qualified as a radiographer in 1953.
<#/>Mr Okwanyo was first elected to Parliament in 1969 to represent Migori.
<#/>He was appointed an Assistant Minister for Foreign affairs in 1969 and then a Minister
for Industry in 1979 before moving to head the Ministry of Energy from 1980 to 1982.
<#/>Mr John Kyalo was born in Machakos in 1931 and attended Kabaa Intermediate School
and Tororo High School in Uganda where he passed his school certificate in 1951.
<#/>In 1952 he won a government of India cultural scholarship and studied at New Delhi
University until 1957 obtaining a Bachelor of arts degree in history and a Master of arts
degree in political science.
<#/>Mr Kyalo contested Machakos Town parliamentary seat in 1983 but failed and again in
1988 when he trounced his sole rival, Mr John Mwanzia Kikuyu.
</I><I> <h> <#/>Ten perish in road horror </h>
<#/>Ten people died on the spot yesterday while scores of others were taken to various
hospitals in critical condition in yet another road horror involving a Nyayo bus and a
<#/>The accident took place along the Nairobi-Kangundo road.
<#/>There were fears that the death toll may rise sharply as more people whose number could
not be established were expected to have died while undergoing treatment in different
hospitals in Nairobi.
<#/>The ill-fated Kangundo-bound Nyayo bus Reg. No. KAA 805 P was trying to overtake a
City Commission lorry Reg No. Kul 960 which was travelling in the same direction. <#/>The
lorry allegedly swerved to the right and the bus hit it on the driver's side.
<#/>The lorry was thrown by the impact several metres from the road where its two rear
wheels came off. <#/>The bus rolled three times throwing several passengers out through the
windows and doors before landing on a number of them thus crushing and killing them
<#/>Witnesses said the lorry was ahead of the bus and the two vehicles were travelling on the
straight stretch of the road when the lorry driver turned to the right. <#/>The bus then rammed
on to the lorry.
<#/>For more than six hours, the scene on the busy Kangundo road was a beehive of activity
as good samaritans stopped and tried to give first aid to the injured.
<#/>Police officers on patrol and scores of <ea/>wananchi took about four hours to turn the
mangled body of the bus and retrieve the bodies reduced to pieces of flesh by the body.
<#/>The bus wreckage was at last put on its fours with the help of a breakdown vehicle
offered by a good samaritan.
<#/>Later in the day the scene then littered with carrots, maize and personal effects like
clothes was like a mourning ground as dumbfounded <ea/>wananchi stared at the caked blood
on the grass and soil from a safe distance narrating what they saw or <-/leard>.
<#/>A senior traffic officer with the National Youth Service which runs the Nyayo buses told
the Standard on Sunday that the 2.10 p.m. accident killed eight people on the spot including
two youths. <#/>Two more died while being taken to hospital, she said, and expressed fears
that the number would still rise "given the intensity of the injuries sustained by survivors".
<#/>The bus was carrying over 60 people instead of the required 42. <#/>The final figure
could not be established last night as victims had been taken to various hospitals and the
police officers were still compiling the report as we went to press at about 8 p.m.
<#/>The bus had the whole of its left side turned into material as light as paper, about five
seats ripped off while the <-/frontleft> side had been pushed inwards until the driver's seat
protruded and <-_hang><+_hung> loosely in the air.
<#/>The front of the lorry which was said to be carrying a <-/turnboy> also (names withheld)
<-/>also crushed inwards until the steering wheel broke out of the windscreen.
<#/>Meanwhile, two people were killed yesterday by sharks which attacked them as they
swam at Likoni beach in Mombasa, adds <name/>
<#/>A police source told the Standard on Sunday that the incident took place at 5 p.m. near
the School of the Blind at Likoni mainland.
<#/>The source said that the bodies of the two adults were removed to Coast General Hospital
by the port police.
<#/>According to another policeman, who was in the scene, one man died after his hand was
chopped off by the sharks while the other man had his buttocks and waist eaten up.
<#/>The police said the man whose hands were chopped off was seen by one of his friends
who noticed him running away from the sea without one hand.
<I> <h> <#/>Eldoret Christians shut Bishop's office </h>
<#/>The wrangle in the Eldoret Diocese of the troubled Church of the Province of Kenya
deepened yesterday when 327 anti-Kewasis Christians declared the Bishop's office
<#/>The new twist in the Eldoret See saga occurred at the end of a four-hour meeting at the
pro-cathedral after an ultimatum issued to Archbishop Manasses Kuria to eject the Rev
Stephen Kewasis for the post Bishop Commissar expired.
<#/>The meeting, which ended shortly after at 4 pm, was attended by the late Bishop Muges'
widow, Herma the Rev Elijah Yego and the provost of the pro-cathedral, the Rev Stephen
<#/>The Rev Kewasis did not attend the four-hour meeting at the pro-cathedral through he
was reportedly seen in the area. <#/>He was also not at the office when the Christians later
pinned a notice outside his office.
<#/>The wrangle at the diocese has been going on since the death in August, last year, of
Bishop Alexander Muge, in a road accident. <#/>The Rev Stephen Kewasis was elected
Bishop in a controversial election to pick Bishop Muge's successor three months after the
prelate's funeral. <#/>The Rev Elijah Yego, who was one of the aspirants for the post,
strongly opposed that election which was later nullified by the Archbishop Kuria.
<#/>Yesterday's meeting passed six resolutions:
<#/>The Rev Kewasis should vacate the Bishop's office as the seven-day ultimatum issued to
Archbishop has elapsed. <#/>He should hand over all the diocesan property including all the
<#/>They decided to suspend the "quarter funds" usually sent by the parishes to the diocese
<#/>Archbishop Kuria is spiritually bankrupt for asking what made the Eldoret Christians
issue the seven-day ultimatum to him to remove the Rev Kewasis as the Vicar-General.
<#/>They have no confidence in Mr Samuel arap Ng'eny, a former Deputy Speaker of the
National Assembly, as the chairman of the diocesan finance and laity committee and asked
him to concentrate on politics.
<#/>The standing committee of the synod should write to the archbishop to call a special
synod meeting by October 19, otherwise the meeting will be held in his absence.
<#/>They supported Mrs Muge's sentiments that a Nandi should be elected bishop of the
<#/>Yesterday, the Christians declared the office in which Rev Kewasis discharges his duties
as the diocesan Vicar-General closed.
<#/>The office is located at the exclusive Elgon View Estate on the outskirts of the town
<#/>After the meeting, they strode down the foot-path leading to the Rev Kewasis' office and
pinned a notice on the door saying: "The Rev Kewasis is declared <foreign_>a persona non
grat<foreign/> a and he should not enter this office. <#/>The <-_Bishops'><+_Bishop’s>
office is now closed. <#/>The only favour the Rev Kewasis can do is to resign.”
<#/>The group had moved to the office in several vehicles which included saloon cars and
pickups. <#/>As the drama unfolded, with the Christians thronging the path to the
<-_Bishops'><+_Bishop’s> office, Rev Yego was heard shouting: <ea_><X_></X><ea/>.
<#/>(Where is the glue, take it to the door so that it can be used to stick the notice and we
conclude this matter.)
<#/>After the notice was pinned on the door, the Christians assembled outside the diocesan
compound where the Bishop's office is and held prayers led by the Rev Mark Sang who heads
of the Turbo parish.
<#/>In his prayers, he said the Christians were following the path of justice, truth and
fairness. <#/>He urged God to iron-out the stalemate in the Eldoret diocese stressing that it
was the Christians hope that the on-going acrimony would now cease without any obstacles.
<#/>After the five-minute prayers, the group dispersed and some boarded vehicles to ferry
them to their respective homes while others walked home.
<#/>Meanwhile, a group of five Christians dismissed as an "absolute farce" the actions to
close the office. <#/>They said the affairs of the diocese should be conducted in a civilised
straight and orderly fashion.
<#/>Anglican Archbishop Manasses Kuria on September 8, 1991, scoffed at a seven-day
ultimatum given to him by some Eldoret Diocese faithful to eject the Rev Stephen Kewasis
from the post of Bishop Commissar.
<#/>Archbishop Kuria also rejected a proposal to have a Nandi elected to the post left vacant
after last year's death of Bishop Alexander Muge.
<#/>The primate asked: "Who are they?" referring to the Christians who issued the one week
ultimatum. <#/>He said the CPK constitution must be followed.
<#/>The CPK head said that the Eldoret Electoral College had powers to elect a bishop of
good standing irrespective of his ethnic group or origin.
<#/>Earlier press reports had said that more than 100 Christians of the Eldoret Diocese had
given Archbishop Kuria seven days in which to remove the Rev Kewasis from the post of
Diocesan Bishop Commissar and Vicar General.
<#/>The ultimatum gave Archbishop Kuria up to September 13 to act on their demand.
<#/>They reportedly said they would not be held responsible for whatever might happen if
what was not done.
<#/>Archbishop Kuria later said he knew nothing about the ultimatum and that his church
never acted on the strength of Press statements.
<#/>The archbishop said that he would "do nothing" to meet the demand.
<#/>Last week, church leaders and politicians continued to criticise the manner in which
Archbishop Kuria was handling the controversies revolving around the Eldoret, Katakwa and
<#/>CPK clergyman, the Rev Elijah Yego, told Archbishop Kuria to quit the CPK's top post,
saying he had failed to resolve boundary disputes between the Katakwa and Nambale dioceses
in Busia District.
</I><I> <h> <#/>How Sh400m ferry deal was clinched </h>
<#/>Vice-President George Saitoti gave "special authorisation" for the financing of four
ferries bought by the Ministry of Transport and Communications in a deal described by the
Mtongwe Ferry Commission as a "rip off".
<#/>Documents given to the Sunday Nation indicate that the deal, initially costing $13.4
million (Sh268 million at the time), was brokered by Calmeco International Ltd, a company
based in Nairobi’s Industrial Area.
<#/>The ferries were described by the Mtongwe Commission report as unsuitable for plying
the Likoni and Mtongwe channels in Mombasa.
<#/>The "Special Authorisation" letter dated June 30, 1989, empowered the then Permanent
Secretary to the Treasury, Mr Charles Mbindyo, to "sign on behalf of the Government" for the
loan to "finance four passenger and vehicle ferries". <#/>The ferries are mv Nyayo, mv
Kilindini, mv <ea/>Harambee and mv Mtongwe II.
<#/>Estimates of the eventual overall cost of the deal vary between Sh400 million and Sh800
million due to <-/escalations> caused by financing and interest charges, exchange rate
adjustments and modifications made to the ferries.
<#/>But the Commission of Inquiry into the Mtongwe Ferry disaster set up by President Moi
in early May following the accident in which more than 250 people died quotes two marine
experts, Mr C. W. Sinclair and Mr J. Shiundu, describing the purchases as a "rip-off".
<#/>They both agreed that Sh100 million could have been saved "had the ferries been built
<#/>The syndicated loan was provided by Midland Bank Aval Ltd of London as per their
telex reference No. 4172 which was sent by A. J. Elliott and D. Dorrell.
<#/>By a letter dated June 30, 1989, Kenya Commercial Bank Ltd undertook to "irrevocably
and unconditionally issue our guarantee No. GO1/89/CD85" for the payment of the ferries "in
case the Treasury of Kenya fails to pay any of the Bills of Exchange at maturity".
<#/>The documents show that the sellers of the ferries was Calmeco International Ltd which
at the time had offices in 24 Woodlands, London NW1 9QL and Nanyuki Road in the
industrial area of Nairobi.
<#/>The chairman of the company is Mr Anura Leslie Perera and other directors are R. G.
Perera and S. R. Perera.
<#/>The Commission devoted four of its 71-page report to the subject of the new ferries and
made some damning comments.
<#/>The Commission, chaired by Mr Justice Mbogholi-Msagha, heard evidence from 44
witnesses over 29 days. <#/>The commissioners were Major-Gen (Rtd) Eliud Mbilu, Maj
(Rtd) Dr Joseph Njoka, Lt Col (Rtd) Harjit Singh Kelley and Lt Col Lugard Nzeki, also
<#/>The report stated that "there is no evidence that the operators of the new ferries,
the Kenya Ferry Services Ltd, were consulted prior to the acquisition thereof" nor was
"there any feasibility study leading to the acquisition thereof".
<#/>It further stated that the "Government, the Kenya Ports Authority and Kenya Ferry
Services Limited were not represented during the whole period of construction of the ferries
by any marine experts from the country.”
<#/>Further enquiries by the Sunday Nation ascertained that the optimum size of a ferry doing
the Likoni crossing is half the size of the four ferries bought in 1989.
<#/>On Friday morning, one of the ferries in question, mv <ea/>Harambee, stalled midstream
and was hit by another, mv Kilindini. <#/>This was the latest in a series of stalling incidents.
<#/>Last May, the mv Nyayo stalled midstream in the Likoni Channel and drifted for some 30
minutes before being rescued.
<#/>In the same month, the KFS temporarily withdrew mv Kilindini and mv <ea/>Harambee
from service after they stalled midstream.
<#/>The Commission's report concluded that "we have been unable to find out how the
purchase of the new ferries was conceived and who actually negotiated the same" and that
"whoever negotiated the acquisition thereof had personal interests as opposed to national
<#/>It recommended that "the Government should initiate steps to investigate the issue with a
view to taking appropriate action.”
<#/>Documents given to the Sunday Nation show clearly that the Government was
responsible for the contract, that it had full knowledge of whom it was dealing with and was
in contact with all the relevant parties.
<#/>The Kenya Commercial Bank letter of June 30, 1989 refers to the "Agreement dated 12.
4. 89 concluded between the Ministry of Transport (the buyer) an Calmeco International Ltd
(the seller) for the delivery of four passenger ferries and to the Bills of Exchange relating to
this transaction drawn by the seller and accepted by the Treasury of Kenya on behalf of the
<#/>The relevant Bills of Exchange were signed by Mr Mbindyo on behalf of the Treasury
and A. L. Perera on behalf of Calmeco International Ltd.
<#/>Investigations into Calmeco International show it has since moved from its Nanyuki
Road premises to an unmarked <-/godown> beyond Libra House in Mombasa Road, Nairobi,
<#/>Reports indicate that the ferries were manufactured in Malaysia and were shipped via
</I><I> <h> <#/>Policeman shot in city gunbattle </h>
<#/>A policeman was shot and injured yesterday in a gunbattle with armed gangsters in the
teeming Gikomba area of Nairobi.
<#/>A colleague escaped uninjured and so did the five gangsters.
<#/>Police said the two sides confronted each other in the afternoon near Cotu headquarters
by the Gikomba Market.
<#/>According to Mr Arthur Osiya, the Pumwani District Officer near whose office the
incident occurred, three of the five gangsters escaped in a Peugeot 405 car while other
witnesses said they escaped in a Nissan Sunny car. <#/>The other two gunmen escaped on
foot into the Gikomba slums.
<#/>Mr Osiya said administration policemen from his office were the first at the scene.
<#/>”The witnesses are giving every conflicting information on the cars and even the number
of gunshots”, the DO said.
<#/>Mr Osiya said the injured policeman was taken to the Forces Memorial Hospital.
<#/>The DO said he could not establish the number shots fired. <#/>Armed administration
policemen from the DO’s office later combed the nearby residential areas looking for the two
gangsters who escaped on foot. <#/>No arrests had been made by yesterday evening.
<#/>Eye witnesses at the scene gave conflicting information concerning the fire exchange.
<#/>Some said the injured policeman was shot three times while others claimed it was more.
<#/>Mr Osiya, however, said there were several cartridges picked up at the scene but he could
not tell whether they were from the gangsters’ guns or from the two policemen.
<#/>The witnesses said the two policemen had approached the gangsters near a kiosk and
asked them to identify themselves.
<#/>However, witnesses said, the gangsters opened fire.
<#/>No more information was available by the time of going to press, especially about the
injured policeman’s condition.
<I> <h> <#/>EA presidents sign historic agreement </h>
<#/>East Africa's Heads of State - President Moi, Uganda's Yoweri Musevini and Ali
Hassan Mwinyi of Tanzania, yesterday signed the final documents setting up the East
African Co-operation which from January will virtually facilitate free movement within
<#/>The 11/2-hour ceremony at Kampala's Centre resolved among other things that:
<#/>* Each country will contribute immediately $393, 645. 33 towards the budget ( a total of
41,180,935. 90 - about Sh53. 142 billion) for the Secretariat to be established in Arusha,
Tanzania by March next year;
<#/>* A separate counter to be established at the three international airports exclusively for
East Africans' use and all border posts to have points with officials mandated to allow free
<#/>* A standard travel document for East Africans in addition to existing passports and
<#/>* All countries to synchronise issuance of national identity cards.
<#/>Kenya will provide the secretary to the Secretariat for five years, while Tanzania and
Uganda will each provide a deputy secretary for a period of three years.
<#/>the communique signed by the three also provided that no mass expulsions or
deportations of any nature would take place until exhaustive consultations are made with
diplomatic missions in the host countries.
<#/>The communique, read to the plenary session by Ugandan Foreign Minister, Mr
Ruhakana Rugunda, called for increased co-operation on matters of border security and
exchange of information.
<#/>The Heads of State mandated the relevant ministries and departments dealing with
transport to meet by next March and formalise common transport systems.
<#/>The summit, the second following one in Arusha last November 30 which mooted the
new EAC, was attended by ministerial delegates, diplomats and government officials from the
<#/>According to the communique, the three leaders agreed to strengthen the institutions
which survived after the collapse of East African Community in 1977, namely the East
African Development Bank, The Inter-University Council for East Africa and the East
African School of Librarianship.
<#/>"The Heads of State recognised that the existence of peace and stability was a
prerequisite for the success of any development efforts. <#/>With this in mind, they endorsed
the recommendation of increased co-operation in the following areas:
<#/>* Border security,
<#/>* Exchange of information,
<#/>* Co-ordination of security operations,
<#/>'The three Presidents expressed gratitude to the international community for the
assistance being given to fight and eradicate drug trafficking in the region and agreed to
strengthen law-enforcement agencies through closer co-operation and co-ordination of
activities in the three sister countries.
<#/>"In case of mass expulsion/deportation, the leaders agreed that such
expulsions/deportations should be effected after appropriate consultations with the diplomatic
missions concerned in the host country.
<#/>"The three Presidents agreed that their desire to strengthen co-operation between their
countries did not in any way diminish their total commitment towards the existing regional
co-operation arrangements such as the Southern Africa Development Community (SADC),
the Kagera River Basin Organisation (KBO), the Preferential Trade Area for Eastern and
Southern Africa (PTA), the treaty establishing the African Common Market, the
Inter-Governmental Authority on Drought and Development (IGADD) and the Common
Market for Eastern and Southern Africa (COMESA).
<#/>"<-_President><+_Presidents> Moi and Ali Hassan Mwinyi thanked their host, President
Museveni, for the cordial and warm reception and hospitality extended to them and their
delegations during their stay in Kampala.”
<#/>President Moi told the delegates that the people of East Africa expected concrete steps
towards closer co-operation.
<#/>He said the sooner the Secretariat started functioning the better for all the countries and
<#/>Earlier, President Museveni was elected chairman after being proposed by the outgoing
chairman, President Mwinyi who was seconded by President Moi.
<#/>President Museveni said co-operation among African states was more "ideological than
real" because each of Africa's tribes thought they could stand alone when they were in fact
inadequate in everything.
<#/>"Are our supra-countries adequate? the answer is that they are not and that is why we
need co-operation," he said.
<#/>President Museveni said for their survival, African nations must modernise and
<#/>However, he added that this would not happen unless there was wider variety in
<-/sourcing> raw materials, skilled labour, bigger markets and liberalisation.
<#/>President Mwinyi called for strengthening of institutions that remained after the
<#/>He said his government will give full support to the Secretariat in Arusha.
<#/>He at the same time asked Ugandan legal experts to work out a formula to revise a 1955
Kenya-Uganda electricity agreement to resolve an ongoing dispute over Uganda's electricity
supply to Kenya.
<#/>President Museveni said Uganda received only $1 million dollars annually from its
power supply to Kenya. <#/>This left Uganda with a $17 million annual loss.
<#/>Kenya's Foreign Minister, Mr Stephen Kalonzo Musyoka, his Tanzanian counterpart, Mr
Joseph Rwegasira and Mr Ruganda signed on behalf of their governments.
<#/>Following is the full communique:
<#/>"The Heads of State of the three East African States, their Excellencies Presidents Daniel
Toroitich arap Moi of Kenya, Ali Hassan Mwinyi of Tanzania and Yoweri Kaguta Museveni
of Uganda, met in Kampala on November 26, 1994, to agree on steps to be taken to deepen
and strengthen East African Co-operation.
<#/>"In this regard, they signed the protocol establishing a secretariat of the Permanent
Tripartite Commission and agreed on specific areas for immediate co-operation between the
Republic of Kenya, the United Republic of Tanzania and the Republic of Uganda.
<#/>"In a warm and cordial atmosphere, the Heads of State held talks on bilateral, regional,
continental and international issues of common concern and interest.
<#/>"The discussion focused on a wide range of issues covering political, economic and,
scientific, social and cultural co-operation for the sustainable development among the three
East African countries with particular reference to the declaration on closer East African
Co-operation signed at Arusha, Tanzania, on November 30, 1993.
<#/>"The three Heads of State also considered the recommendations of the Permanent
<-/Triparitte> Commission for Co-operation as agreed at its meeting of November 25, 1994.
<#/>"The secretariat of the Permanent Tripartite Commission for Co-operation shall be the
principal executive organ of the commission. <#/>The secretariat, to be based in Arusha, will
provide the machinery to facilitate the co-ordination and follow-up action on the activities of
the member states on matters of co-operation.
<#/>"The secretariat shall be responsible for ensuring that the objectives set out in the
agreement for the establishment of a permanent Tripartite Commission for Co-operation are
attained on the basis of equitable distribution of projects, programmes and services for the
development of member states.
<#/>"The three Heads of State agreed that contributions to the budget of the Secretariat be
shared on equal basis with each country contributing a third of the total budget. <#/>For the
first financial year, contributions by each country will be the equivalent of US $393,645. 33 to
be availed immediately.
<#/>"The three Heads of State reiterated their commitment to the improvement and
strengthening co-operation on the basis of the historical ties and understanding between the
people of Kenya, Tanzania and Uganda. <#/>In this regard, as a first step, they emphasised
co-operation in the priority areas of transport and communications, trade and industry,
security, immigration and promotion of investment in the region.
<#/>"With regard to transport and communications, the three Presidents endorsed the
recommendation that respective national institutions concerned with the different modes of
transport and communications meet in mid-January, 1995, to prepare for the implementation
mechanisms for proposed modes of co-operation.
<#/>"The Presidents endorsed the recommendations contained in the report of the Tripartite
Commission and reiterated the importance of strengthening the institutions which survived
the former East African Development Bank, The Inter-University Council for East Africa, and
the East African School of Librarianship.
<#/>“Regarding trade, industry and investment, the Heads of State endorsed the
<#/>* Encouragement of private sector joint venture and enterprises in economic activities in
<#/>* Harmonisation of tariff rates and Customs procedures through regular consultations
and exchange of information.
<#/>* Exploration of the possibility of a Customs union;
<#/>* Synchronisation of standards of goods produced in the three countries;
<#/>* Harmonisation and rationalisation of a policy framework for investment promotion in
sectors that enhance mutual benefits to the co-operation partners such as environment,
tourism, water, energy, agriculture, fisheries and animal husbandry,
<#/>* the adoption and implementation of provisions contained in the cross-border initiative
matrix especially the removal of tariff and non-tariff barriers to trade and investment.
<#/>“The three Presidents agreed on the importance of free movement of people of the three
Sates across borders. <#/>In this regard, they endorsed the following recommendations:
<#/>* Introduction of a standard travel document for East African nationals, in addition to the
recognition of each others’ travel documents.
<#/>* Introduction of separate counters at international airports to serve East African
nationals by 1st January, 1995;
<#/>* Reciprocal opening of border crossing points to be manned by officials who are
adequately mandated to deal with cases arising.
<#/>* urgent implementation of the policy on issuance of national identity cards.
</I><I> <h> <#/>Matiba’s challenge to ‘bossy’ Shikuku </h>
<#/>Ford Asili chairman Kenneth Matiba yesterday told secretary-general Martin
Shikuku to choose between staying with him or quitting the party.
<#/>He accused Mr Shikuku of being ‘bossy’ and wanting to be "bigger than the chairman."
<#/>Shikuku must be told he either comes here to be with me or he goes for good, never to
come back. <#/>He must know that he is a coward of the first order. <#/>I have tried to be
nice to him. <#/>If only you knew some of the things he did to me, you would know Matiba
is a good man," he said.
<#/>Mr Matiba was addressing recently-elected grassroots officials form four districts -
Nairobi, Kajiado, Kiamnu and Thika - at Hillcrest School, Nairobi.
<#/>He talked at length against Nairobi Newspapers who he accused of having an agenda
against him. <#/>He said the newspapers only talked to Mr Shikuku and deliberately ignored
his side of the story.
<#/>"Why can’t this newspaper talk to me? They only talk to Shikuku. <#/>No reporter talks
to me and yet my doors are wide open," he said.
<#/>Mr Matiba said he was reacting to two front-page stories in the Nation on Friday and
yesterday. <#/>The stories were based on FORD-A Parliamentary Group meetings which
gave Mr Matiba 14 days to come to terms with them or else they would convene a NEC
meeting to discuss his inability to lead the party.
<#/>Yesterday Mr Matiba, who spoke for an hour and 20 minutes, said he had recovered fully
and was ready to take over the presidency of the country after democratic elections.
<#/>The meeting was attended by what Mr Matiba described as observers from all over the
country. <#/>The delegates were ferried to the school in 12 buses hired from the Kenya Bus
Service. <#/>The more than 3,000 people were served bread and sodas for breakfast and later
feasted on meat cooked at the compound.
<#/>Many speakers attacked Mr Shikuku and party MPs who have gone against Mr Matiba.
<#/>Out of the 25 FORD-A MPs, only two - Mr Kamau Icharia (Kiambaa) and Mr Fransis
Wanyange (Nakuru East) - attended the meeting.
<#/>They criticised their colleagues for moving against their chairman.
<#/>Said Mr Icharia: "The chairman was elected by Kenyans and not the PG. <#/>Therefore,
the PG has no right to abuse him."
<#/>A party activist from Lamu, Mr Mohamed Kusoma, suggested that Mr Matiba announces
the immediate suspension of Mr Shikuku.
<#/>Other speakers included Nairobi mayor John King’ori and Thika mayor Anthony
Njoroge who denounced the Shikuku group.
<#/>Mr Matiba said he had taken Mr Shikuku into his confidence but he and other MPs had
<#/>He said they had agreed in 1992 to fight it out to decide on the presidential candidate
after which whoever lost would support the other.
<#/>"Afterwards, he started being boss because he is secretary-general. <#/>I told him he is
no more important than chairman ... may I tell him that I was elected by the people," he said.
<#/>He said that unless Mr Shikuku goes to his Limuru home to collect his personal
documents, he will keep them for ever.
<#/>[Mr Matiba collected the documents along with party files when he raided Muthithi
House offices and took away party property].
<#/>Raising his hands, he invited the Press to see for themselves how fit he was.
<#/>He said God knew that Kenyans were cowards, but he was the brave leader around to