Court of Appeal Saves Former Total Energies Employee

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August 11, 2023

Win to Total Kenya Energies as the Court of Appeal suspends proceedings at the Employment and Labour Relations Court on allegations of the unfair termination of one David Kamau Ngure a former employee of the company.

The company had filed an appeal with the Court of Appeal contesting the proceedings at the employment and labor relations court.

Appellate justices Daniel Musinga, Imaana Laibutta, and Mwaniki Gachoka, on the other hand, ordered that the appeal be heard and finalized.

Ngure was recruited to the Total Young Dealer Programme after working as a petrol station manager for the firm in Kapenguria.

He began his career in the Kamwangi Service Station in Gatundu before being relocated to the Likoni Road Service Station in Nairobi in February 2018 as part of the program before being fired.

He eventually filed a lawsuit seeking a declaration that he was an employee of Total rather than an independent contractor for services.

He also requested a ruling that his suspension was illegal and discriminatory.

Ngure also demanded that the business pay him Sh3,176,630 in damages and perks.

They included a month’s pay in lieu of notice of Sh47,000, accumulated leave for the years 2017, 2018, and 2019 of Sh141,000, and an accrued security deposit of Sh624,630 for the years 2017-18.

Other incentives include a Sh1.8 million security deposit for the years 2018-2019.

He also asked for twelve- month compensatory damages for unlawful termination of Sh564,000 and interest at court rates till payment in full.

Further, he asked for costs of the cause and other reliefs as court deemed fit.

Total moved to court to have the proceedings stayed and the matter referred to arbitration.

The court however dismissed the application on the grounds that the company had not proved the subject to the arbitration clause in the YDMLA.

ELRC also found that there were two agreements between the parties; employment contract and YDMLA.

“The result is that the application has not been proved and is accordingly dismissed with costs,” it ruled.

Aggrieved, Total moved to the Court of Appeal and applied for a suspension of proceedings arguing that the appeal was arguable.

The company said the trial judge had erred in his decisions.

The appellate judges determined that the appeal was arguable and if the proceedings continued, they may render it null.

Missing Londiani Cash: Kericho MCAs Zero In On 6 Officials

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Dan Ojumah

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August 11, 2023

The Kericho County Assembly has been appointed to investigate claims of theft of funds allocated for Londiani crash victims has finally tabled its report.

According to its conclusions, the committee of Members of the County Assembly (MCAs) has recommended to Governor Dr Eric Mutai the removal from office of at least six top county officials for various offences.

County Secretary Dr Wesly Bor is the first to go, accused of forgery of minutes, abuse of authority, and authorisation of removal of cash in violation of Section 138 of the Public Finance Management Act.

Brenda Bii, a member of the Health Services County Executive Committee (CECM), has also been accused of abuse of office, non-disclosure of information, and lack of accountability.

The MCAs also want her Finance and Economic Planning counterpart, Leonard Ngetich, fired for identical offences, as well as illegal approval of fund withdrawals.

Alphonse Rotich, the County Chief Officer in the Governor’s Executive Office, is accused of forgery, abuse of office, and violation of procurement laws and procedures.

The committee also demands the dismissal of Gilbert Bii, the Finance Chief Officer who also serves in an acting capacity on the Economic Planning docket.

Mr Bii is accused of “misappropriation of fundraiser funds, abuse of office, professional negligence, and violation of procurement laws.”

Betsy Chebet, another double officeholder, is also wanted by the MCAs for nondisclosure of information, perjury, misuse of fundraiser funds, and abuse of office.

Ms Chebet is the Acting Chief Officer for Public Service Management as well as the Chief Officer for Lands, Housing, and Physical Planning.

A probe into the funds was launched when Kericho Deputy Governor Fred Kirui stated that Ksh.13.6 million raised for Londiani Crash victims was misused.

Kilifi: Fishermen Ask For Urgent Ocean Clean Up

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Ramadhan Kambi

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August 11, 2023

Fishermen from Rasi Ngomeni area in Magarini Sub County, Kilifi County have called on the government and environmentalists to consider cleaning of the sea instead of concentrating on beach cleaning alone.

Mr Stephen Katana, the chairman of Kichwa Cha Kati Beach Management Unit (BMU) said that liners and fishing nets were destroying corals and fish breeding sites three miles inside the ocean and that there was need for cleaning of the sea to protect the marine ecosystem.

The fishermen said this when they joined residents in a beach cleaning exercise where more than ten tons of plastic waste was collected at the Rasi Ngomeni beach.

“It should not be beach cleanup exercises but we should also consider sea cleaning because that is where the real damage is. The fish breeding sites have been destroyed by the plastic wastes which get entangled in the corals inside the sea and that is where the fish breed,” he said.

Mr Katana added that the most affected fish species by the plastic waste in the sea was the sea turtle that consumes the dirt as food hence they end up being choked and die before being swept to the shows.

Residents of Rasi Ngomeni said that the beach cleaning exercise in their area was the first one of its kind and that they started the exercise after some residents exhibited strange diseases which they linked it with consumption of poisoned or contaminated fish.

Mr Francis Karanja, the chairman of the Rasi ya Ngome youth group, the residents claimed that the plastic waste was being left behind by big ships and trawlers and were swept to the shows by the waves.

“Almost 90 percent of our people are fishermen and their livelihood depends on the sea. We have in the past about twenty dead turtles at the beach,” he said.

He added that 20 people got sick and were diagnosed with throat cancer, a thing they said emanated out of consumption of contaminated fish.

Mr Birya Kalu, a resident, said that some waste material discarded in the sea were poisonous and expired drugs thrown in the sea far away from them.

“This waste is not from our community but they are swept to our beach by the wind and ocean currents. The sea has been turned into a dust bin and the sea distributes it to different shows. Some fish even swallow bottles of expired drugs and we end up eating the same fish hence the weird illnesses,” he said.

Gongoni ward Member of County Assembly (MCA) said that the initiative that has started at Rasi Ngomeni will extend to other areas along the 20 kilometers beach line in the area.

“We are inviting partners so that we can save the marine ecosystem from destruction by plastic wastes that end up in our beaches,” he said.

EACC Wants ksh.18.4 Billion L.Turkana Wind Power Scandal Suspects Charged

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Editor

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August 11, 2023

Written By Lisa Murimi

The Ethics and Anti-Corruption Commission (EACC) has recommended the formal prosecution of individuals involved in the questionable disbursement of Ksh.18.4 billion to Lake Turkana Wind Power Ltd by government bodies.

The funds were transferred over the span of 2005 to 2019. EACC initiated the inquiry based on a report from the National Assembly’s Public Investment Committee (PIC), which flagged procurement irregularities and fraudulent payments linked to the construction of a power line.

“KPLC entered into a Power Purchase Agreement (PPA) with LTWP Ltd on 29th January 2010 for the development of the Wind Power Plant (the LTWP Project).

“Among the terms of the PPA were that LTWP Ltd would generate 300MW of electricity, and that KPLC would be the sole taker (consumer) of that power. However, a 400 KV Transmission Inter-Connector Line (T.I. Line) needed to be constructed from Loiyangalani to Suswa Sub-Stations, so that this generated power could be transported to the National Grid in Suswa Sub-Station.”

“Further that, if LTWP Ltd finished developing the Power Plant and started generating power, they would start charging for the power, whether KPLC were evacuating that power or not, from the date of commissioning. The T.I. Line was to be constructed by Kenya Transmission Company (KETRACO) and LTWP Ltd” reads part of the statement.

The investigation revealed that a contract between Kenya Power and Lighting Co. Ltd (KPLC) and Isolux Inginieria S.A. (Isolux) led to a substantial financial loss of Ksh.18 billion and increased electricity costs. The irregularities extended to the lease of land to Lake Turkana Wind Power (LTWP) Ltd and the incomplete construction of a transmission line.

EACC’s report, submitted to the Office of the Director of Public Prosecutions, recommends charging the suspects with multiple offences including conspiracy to commit economic crime, abuse of office, conflict of interest, fraudulent acquisition, money laundering, and neglect of official duty. The investigation underscores the efforts to address corruption and promote accountability in public projects. EACC awaits further action in response to its findings.

Researchers Discover Tissue Regeneration After Studying Lizards

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Editor

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August 11, 2023

Written By Lisa Murimi

A groundbreaking study by a team of researchers from the University of Southern California (USC) has unveiled a significant breakthrough in the realm of tissue regeneration.

Their work sheds light on the intricate interaction between two cell types responsible for enabling lizards to regenerate their tails, providing a crucial blueprint that may hold the key to addressing cartilage damage caused by osteoarthritis in humans.

Osteoarthritis, a widespread degenerative ailment affecting millions of adults in the United States alone, has long posed challenges for medical researchers seeking effective solutions.

However, the USC study’s findings could usher in a new era of potential therapies.

By dissecting the interplay of cells that facilitate tail regrowth in lizards, the researchers aim to adapt these mechanisms to stimulate cartilage regeneration in mammals.

The researchers’ next phase involves testing their groundbreaking techniques on mice, with the ultimate goal of triggering cartilage repair similar to the natural regrowth observed in lizards’ tails.

This innovative approach could revolutionize osteoarthritis treatment strategies, potentially alleviating suffering and improving the quality of life for millions.

As the scientific community eagerly awaits the outcome of these experiments, the USC research stands as a beacon of hope, bridging the remarkable regenerative capabilities of lizards with the pressing medical needs of humans.

If successful, this research could mark a transformative leap forward in regenerative medicine, offering a promising path toward healing and recovery for those affected by osteoarthritis and similar conditions.

Mercy Tarus Declines Ole Kina Job Offer

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Editor

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August 11, 2023

Written By Lisa Murimi

Viral graduate Mercy Tarus has taken a bold stance in response to a job offer extended to her by Senator Ledama Olekina.

In a recent development that has captured the attention of the public, Tarus issued a firm condition before considering the offer.

Tarus, a recent graduate whose story gained widespread attention on social media, expressed her concerns directly to Senator Olekina.

She insisted that before engaging in any further conversation regarding the job opportunity, the Senator should take the initiative to address a pressing issue that has been affecting the citizens of Kenya.

Specifically, Tarus urged Senator Olekina to use his influence to hold the Uasin Gishu County Government accountable.

She called upon him and his fellow Senators to ensure that the government refunds money that rightfully belongs to the hardworking citizens of Kenya.

By tying her acceptance of the job offer to a larger societal concern, Tarus showcases her commitment to advocating for justice and accountability.

As her call gains traction and public support, it remains to be seen how Senator Olekina and his colleagues will respond to this condition set forth by the viral graduate.

95th National Music Festival Begins At Dedan Kimathi University

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John Mutiso

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August 11, 2023

The 95^th edition of the annual National Music Festivals began on Friday with pomp and funfair at the Dedan Kimathi University of Technology in Nyeri County.

This year’s festivals have attracted more than 130,000 students from public and private schools as well as Early Childhood Development Education (ECDE) centres.

Students from colleges, technical training institutes, polytechnics, and universities are also expected to showcase their talents during the annual event, which is taking place under the theme Nurturing Talent for Innovation and Development.

According to the Kenya Music Festival National Executive Committee chairman, Prof. Frederick Ngala, the event is the largest arts and cultural event in the academic calendar and is aimed at not only creating holistic learners in and out of the classroom environment but also providing an avenue for the participants to nurture their talents.

“The national festivals have been held unfailingly to the benefit of our artists. The festivals promote appreciation of our rich cultural heritage found in our communities,” said Prof. Ngala.

The festivals have been held annually since 1928, with the exception of 2020 and 2021, when the event was suspended due to the COVID-19 Pandemic.

Prof. Ngala noted that the country had witnessed exponential growth in the number of participants as well as competition categories for adjudication.

“We begin at the sub-county level, then move to the county, the regional, and the national levels.” On average, we have engaged close to 3 million people this year at the sub-county level. The participation is overwhelming with the representation of students from the different parts of the country, where we even have pre-primary pupils from all the way to university,” he said.

The first ones to set the 12-day festival in motion were pupils from Early Childhood Development Education (ECDE) and pre-primary schools. Under their own choice of western-style singing games for pre-primary schools, Karatina DEB Primary scooped position one after garnering 89 points.

The second position was scooped up by Carol Academy from the Rift Valley Region. St. Paul’s Education Centre from Nyanza and Holy Innocent Parochial Centre from Kakamega tied for third place after scoring 86 points in their presentations.

St. Anthony, Wiyeta Secures Early FEASSSA Ticket

By

John Mutiso

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August 11, 2023

St. Anthony Boys High School and Wiyeta Girls High School, both from Trans Nzoia, Rift Valley Region, have secured a slot to represent Kenya in the Federation of East Africa Secondary School Sports Association (FESSSA) games in Rwanda.

St. Anthony trounced their Western Region Opponents Shanderema High school 1-0 as Wiyeta Girls thrashed Dagoretti Girls 4-1 on penalty shoot outs after a draw of 2-2 during the 90 minutes and goalless extra time.

Agoro Sare drew 1-1 with Dagoreti during normal time, with Dagoreti pulling a 3-0 win on penalty shootouts.

St. Anthony will now play against Dagoretti High in the soccer boys finals as Agoro Sare from Nyanza tackles Shanderema High for their last opportunity to secure a slot in the FESSSA Games.

The winner of the preliminary matches will join St. Anthony High School and Dagoreti High School for FEASSSA games as the loser waits for next year’s games.

In the girl’s category, Wiyeta Girls will face Butere Girls in the finals as Dagoreti Girls battle for the third position with Madira Girls.

Butere Girls from Kakamega defeated Madira Girls from Vihiga County in the first semis 1-0 in normal 90 minutes.

The Captain of Wiyeta Girls, Elizabeth Ochaka, said that they expected a tough match against all the teams that they played against in the National Competitions.

Wiyeta Girls coach Edga Manyara said that the match with Dagoretti Girls was tough, but the girls were focused on winning.

He says they are now strengthening their midfield and enhancing speed as they prepare to meet the Butere Girls Tomorrow in the finals.

The Wiyeta Girls have stepped into the FEASSSA games over 10 times, according to coach Manyara, and lifted the region’s title five times.

Last year, the school also represented Kenya in the region, coming in second after losing 2-1 to Noa Girls of Uganda.

Charangany Member of Parliament Patrick Simiyu congratulated the girls for winning against Dagoretti, asking them to soldier on to win the finals and promising full support to the team.

Cherangany Constituency had two teams in the National competitions: Wiyeta Girls for football girls and Kesogon Girls for volleyball.

Kesogon Girls have proceeded to the finals and will play against Kwanthanze, who are six-time FEASSSA champions.

Kesogon girls Volleyball team trounced Soweto girls 3-0, with a series of wins of 25-14, 25-15, and 25-17.

On the other hand, Kwanthanze Girls defeated Mwitoti Girls on volleyball 3-0 with a 25-29 set, 25-20, and 25-17.

In Volleyball Boys, Ruthimitu will play against Andersen in tomorrow’s finals. Ruthimitu defeated Namwela during the semis on Friday, beating them 3-0 with sets of 25-23, 25-22, and 25-23.

Anderson Secondary School’s volleyball team trounced Tumaini High 3-1 during the semis with a series of 25-15, 22-25, 26-24, and 25-19.

State Rolls-Out Private Security Guard Registration

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John Mutiso

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August 11, 2023

The government has rolled out mandatory nationwide registration of private security guards to streamline operations in the sector.

Through the initiative, all private guards will be issued with security force numbers to enhance accountability in the sector that employs one million Kenyans.

State Department for Interior and National Administration Principal Secretary (PS) Dr. Raymond Omollo said the move, which comes after the successful launch of a standardised training curriculum for the guards, targets to provide a structured framework for monitoring and regulating their activities while on duty.

He said the numbers would be issued to security guards who have successfully completed training in accordance with the private security training curriculum.

This number serves as a distinctive identifier designed to streamline the recognition of private security officers by the general public and also to facilitate the government’s ability to monitor and manage licensed security personnel effectively,” he said.

This, he said, will not only guarantee the safety and wellbeing of Kenyans but also contribute to the overall stability and resilience of the nation.

“We recognise that private security guards can be cogent partners for the maintenance of law and order. That is why we have come out strongly to prescribe this move to better track, evaluate, and elevate the quality of their services within our communities,” he said.

Speaking in Kisumu on Friday, where he presided over the opening of the Private Security Regulatory Authority (PSRA) regional office, the PS said the government was keen on the training of private security guards to ensure they received the necessary skills, knowledge, and ethical understanding required to navigate complex situations.

The PS, who also opened a private security guard training institution in Kisumu city, said the training programme would inject professionalism, competence, and integrity into the sector.

He challenged the private sector to open up more institutions to ensure that as many guards as possible receive the training.

“We expect private security training institutions to meet national training standards and international best practises in order to generate skilled labour not just for the Kenyan market but also for the global market,” he said.

He said the industry, which employs one million Kenyans, had a lot of potential, with annual revenues from the sector reaching Sh 100 billion.

The guards, he said, play a key role in the security sector, urging private security companies to look into their welfare and remuneration to ensure that they are motivated and committed to the job.

Private Security Regulatory Authority Director General Fazul Mahamed said over 450 security guards in the Nyanza region have been trained.

Russian Strike Kills Child In West Ukraine: Kyiv

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John Mutiso

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August 11, 2023

A Russian missile strike targeting civilian infrastructure in the western Ukraine region of Ivano-Frankivsk killed one boy, prosecutors said today.

Attacks of this nature are infrequent in the Western region.

“The missiles hit territory near a private house in the Kolomyia district, where a family with three children lived. An 8-year-old boy died as a result of the shelling. Information about other victims are currently being verified,” the prosecutors added in a statement.

Ukraine’s air force has said that Russian forces fired four Kinzhal hypersonic missiles at an airfield in western Ukraine, with one of the missiles hitting a residential area.

“One Kh-47 missile was destroyed within the Kyiv region. The rest hit near the airfield. Civilian facilities and infrastructure were hit, and one of the missiles hit a residential area,” the air force said in a statement.

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