Government Bans Mock And Joint Exams In Bid To Curb Schools Unrest

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July 15, 2023

Belio Kipsang, the Principal Secretary of the Ministry of Education, has banned all mock and joint examinations for all schools.

“The purpose of this circular is to ask you to bring to the attention of all schools within your jurisdiction and take corrective measures to stop any occurrence,” reads the statement.

The ministry also advised all schools not to hold any inter-school examinations because the program would conflict with the school calendar.

Kipsang went on to say that the decision was reached after meetings with the Parliamentary Committee on Education and the Special Investigation Team, both of which were chaired by David Koech and Claire Omollo, respectively.

The Kenya Secondary School Heads Association (KESSHA) had previously advocated for a ban on joint mock exams.

The association also suggested that the ministry implement more strategies to ensure the education sector’s sanity.

Previously, the ministry proposed replacing mock exams with Continuous Assessment Tests (CATs), claiming that the practice had been commercialized by various schools.

School strikes, according to the ministry, have increased tensions in schools, particularly boarding schools. Students strikes were motivated by a variety of challenges they faced, as well as their demands for better conditions.

In 2021, the Kenya Union of Post-Primary Education Teachers (KUPPET) expressed concern about student strikes, which were allegedly triggered by the ministry’s announcement of shorter half-term breaks.

Omboko Milemba, the union’s chairman, explained that mid-term breaks were necessary for students to relieve stress and allow parents to counsel their children before returning to school.

Blow To Governor Sakaja As Supreme Court Orders Him To Pay Ksh 60B Debt

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Cyrus Kimanga

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July 15, 2023

The Supreme Court ruled that Nairobi County Governor Johnson Sakaja must pay the defunct City Council’s Ksh60 billion debt incurred in the previous regime.

A five-judge bench ruled on Friday, July 14, that Sakaja was required by law to seek an advisory opinion from Attorney General Justin Muturi before settling pending bills.

Deputy Chief Justice Philomena Mwilu and Justices Mohammed Ibrahim, Smokin Wanjala, Njoki Ndung’u, and William Ouko added that the Intergovernmental Relations Act requires the county government to settle the debt within a framework drawn up by the State Law Office.

“The outstanding legal debt during the transition from the National Government to the devolved government, as provided under Sections 4 and 7 of the Transition to Devolved Government Act, should have been absorbed by the National Government and not the County Government,” read part of the Judgement.

The Nairobi County Government argued in the Supreme Court that the outstanding legal debt incurred during the start of devolution should have been absorbed by the National Government.

Sakaja’s administration also claimed that the transfer of functions from the County Government to the National Government, as stipulated in the Deed of Transfer dated February 25, 2020, should have included the transfer of liabilities, including the Ksh60 billion in legal debt.

Former Nairobi governor Mike Sonko claimed that he was coerced into signing the deed that resulted in the formation of the now-defunct Nairobi Metropolitan Services.

The Supreme Court was also asked to rule on whether county accounting officers should be held personally liable for the county government’s failure to comply with orders requiring payment of damages and legal debts.

Attorney General Justin Muturi defended the State, claiming that the legal framework had long been established and enforced.

DCJ Mwilu and her colleagues, on the other hand, dismissed the prayer seeking to incriminate the accounting officers, noting that the argument presented was insubstantial.

Miraa Traders Protests Over Exploitative Cartels In The Industry

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Cyrus Kimanga

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July 15, 2023

Following the resumption of Miraa exports to Somalia, Kenyan Miraa traders are protesting the exorbitant commissions they are being forced to pay to industry cartels.

On Friday, July 14, traders in Meru lamented that they had been forced to pay an extra Ksh636 per kilo to these clandestine cartels operating at Kenyan airports on top of legitimate freight charges for the past nine months.

Kimathi Munjuri, the Chairperson of the Nyambene Trade Association, confirmed this allegation, regretting that traders were still being exploited despite President William Ruto’s promise to rid the promising sector of cartels.

The chairperson advocated for the Miraa traders, calling for a change in light of the country’s difficult economic situation, which he claimed had a significant impact on the traders.

“The truth is uncomplicated. These punitive measures are imposed on our traders because the perpetrators are well aware that there are no other export destinations for our produce. “Somalia remains the primary country to which we export, and these individuals take advantage of this knowledge,” Munjuri said.

“Remember that miraa is a very perishable commodity, which is why our traders currently have no choice but to pay that $4.5,” he added.

Miraa traders from Meru County have called on the government to investigate the matter and bring the cartels to justice, emphasizing the gravity of the situation.

IMF Fires Back To Ruto Criticism of Its Powers

By

Cyrus Kimanga

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July 15, 2023

On Friday, July 14, the International Monetary Fund (IMF) replied to President William Ruto’s criticism of its handling of international projects.

Julie Kozack, Director of Strategic Communications at the International Monetary Fund (IMF), stressed the importance of considering the organization’s financial interventions offered to countries over the years when evaluating its operations during a live-streamed press briefing.

Kozack urged critics to broaden their perspectives to gain a thorough understanding of the IMF’s operations.

She emphasized that the Bretton Woods institution had come to the aid of several countries in difficult economic times through various interventions, including concessional loans.

Kozack cited the IMF’s assistance to countries affected by the COVID-19 pandemic, as well as its assistance to nations dealing with the ongoing conflict between Russia and Ukraine.

“I believe that more broadly speaking, many countries and many regions of the world have navigated difficult transitions before, and the IMF has, on average, been part of the global response to these difficult transitions that countries have faced.”

“Since March 2020, we have approved over Ksh42 trillion (USD 300 billion) in financing for 96 countries,” she explained.

She did, however, mention that there were emerging trends in the global financial landscape and that the institution was readjusting to alignits programs with the changes.

Some of the reforms she mentioned were increasing the overall size of the IMF’s quarter resources, which she said would benefit low-income countries.

Ruto’s New Selection Panel For Power Of Mercy Advisory Committee

By

Cyrus Kimanga

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July 15, 2023

President William Ruto has appointed the Selection Panel for Nominations to the Power of Mercy Advisory Committee.

Ruto named Aggrey Mudembei Busena as the panel’s chairperson in a Gazette Notice issued on Friday.

Lynette Mwangi, Jonam Kenama, Dixon Mwakazi, Jasper Mbiuki, Dan Kenneth Ameyo, Reverend Martha Wairimu Kihika, Sara Bonaya, and Thomas Okoth Koyier are among the members.

Ruto also named Thomas J Nyamorata and Caroline Jerono Kibiwott as panel co-secretaries.

Article 133 of the Constitution contains the Power of Mercy Act.

The Attorney General, the CS in charge of correctional services, and at least five other members make up the Advisory Committee on the Power of Mercy.

The five are not supposed to be state officers or work in government.

Following the selection, the Parliament is expected to pass legislation providing for the members’ tenure, the Committee’s procedure, and the criteria to be used in formulating its advice.

“The Advisory Committee may take into account the views of the victims of the offense in respect of which it is considering making recommendations to the President,” the Constitution adds.

Following its advice, the President may use the Power of Mercy to grant a free or conditional pardon to a person convicted of an offense or to postpone the imposition of a punishment for a specified or indefinite period of time.

EPRA Announces New Fuel Prices

By

Cyrus Kimanga

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July 15, 2023

According to the new changes, the price of petrol will decrease by Sh0.85 while as kerosene decreases by Sh3.96.

In the new prices, Petrol will retail at Sh194.68, diesel prices remain constant retailing at Sh179.67 and kerosene will go for 169.48 per litre.

The Energy and Petroleum Regulatory Authority (EPRA) said the maximum retail pump prices will be in force from today Saturday, July 15 to August 14, 2023.

This comes two weeks after the EPRA defied High Court orders by increasing the prices in line with the 16 per cent VAT proposed in the 2023 Finance Act.

On July 1, EPRA increased the price of petrol by 13.49, diesel by Sh12.39 and kerosene by Sh11.96 although the Court had temporarily suspended implementation of the proposed increment.

“Under the Finance Act, 2023, the VAT on Super Petrol (PMS), Diesel (AGO) and Kerosene (IK) has been revised from 8 per cent to 16 per cent effective 1 July 2023. EPRA has recalculated the maximum pump prices that will be in force from 1st July to 14th July 2023 taking into account VAT at 16 per cent,” said EPRA.

This was after the High Court on June 30, suspended the Finance Act 2023, which houses the doubling of VAT on fuel.

Court: It Is Illegal To Force Kenyans To Work On Sabbath

By

Cyrus Kimanga

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July 14, 2023

The Employment and Labour Relations Court in Nairobi has ruled that it is illegal for an employer to force an employee to work on his or her worship day.

This is in a case where Scoline Anyango Ojung’a moved to court to sue her employer Nairobi Women Hospital for terminating her services.

She told the court that she is a practicing Seventh Day Adventist and therefore Saturdays are considered as worship days for her faith.

“Consequently, Seventh Day Adventists do not work on this day. In order to observe this practice, the Claimant states that she asked the Respondent to excuse her from work on Saturdays,” read the judgement.

Ms. Ojung’a told the court that she entered into an agreement with her employer allowing her to work the first Saturday of every month then commit the remaining Saturdays in the month to her worship.

“To compensate for the Saturdays that she was going to be off duty in any given month, the Claimant indicated her availability to work on Sundays since the institution works seven days a week,” read the court papers.

On February 23, 2018, she asked to be excused from a meeting set for February 24, 2018 as the event coincided with her worship day and she had scheduled church activities on the same day.

Kenya Power Sued For Blocking Weighbridge Operations

By

Cyrus Kimanga

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July 14, 2023

A Mombasa Court has blocked Kenya Power Company from Interfering with the operations of a clearing and forwarding firm located in the coastal region.

This comes after CEVA Inter-freight Kenya filed a lawsuit against Kenya Power for denying them access to a weighbridge.
The Mikindani-based company claims that Kenya Power has made it difficult for them to use the weighbridge and that they have had to hirethe services of a third party who has allowed them to use their weighbridge.
The company claims that Kenya Power’s actions costed grave loses.

“The first respondent (Kenya Power) has made the applicant incur huge losses yet this is a company that on a normal business day would make serious profits to the tune of Ksh.10 million a day,’’ reads court papers.

According to the clearing and forwarding company, Kenya Power erected a pylon tower on the wayleave in the company’s yard, with one of the anchoring legs in the yard and the other on the wayleave.
Additionally, the company claims that on July 2, 2023, the pylon towers fell and their legs collided with the terminal yard’s perimeter wall, resulting in the explosion of fire sparks and damageded electrical wires and the wall.

The company further argues that on July 6, 2023, the Directors received summons from the DCI compelling them to appear before them on July 7, 2023, without fail despite the applicant having written to Kenya Power explaining what transpired and neither the Directors nor any employees of the company were involved in the accident that occurred.

“It is clear that Kenya Power is acting in bad faith in that even after the pylons fell on the applicant’s property, employees of the 1st respondent were seen bringing down part of the applicant’s wall and even marked it with a red mark as one of the areas that should be demolished,” proceeds court papers.

The company, through the firm of Danstan Omari and Associates Advocates, claims that its directors are under imminent threat of arrest by the DCI, adding that their constitutional rights are being violated.

Mavoko MP Patrick Makau Blocks Arrest Over Maandamano

By

Cyrus Kimanga

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July 14, 2023

Reprieve for Mavoko MP Patrick Makau after the high court granted him an anticipatory bail of Sh300,000 cushioning him from police harassment and arrest.

In granting him the bail, Justice Kanyi Kimondo said fundamental and constitutional rights of citizens are well protected under the 2010 Constitution.

Further, Justice Kimondo certified as urgent an application filed by lawyer Daniel Maanzo.

The judge directed Maanzo to serve the Director of Public Prosecutions (DPP), the Directorate of Criminal Investigations, the Inspector General of Police and the Attorney General who haver been named as respondents.

Maanzo told the judge that police have been miling around the residence of the member of parliament.

Ex-Embassy Secretary, 3 Kenyans Sentenced To 20 Years For Killing Venezuelan Ambassador

By

Cyrus Kimanga

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July 14, 2023

The former First Secretary at the Venezuelan Embassy has been sentenced to 20 years in prison for the murder of Venezuelan Ambassador to Kenya Olga Fonseca.

Dwight Sagaray alongside Ahmed Omido, Alex Sifuna, and Moses Kiprotich was found guilty of the offense which occurred 11 years ago. They will each serve 20 years in prison.

Delivering the sentence on Friday, Justice Roselyne Korir noted that the offense committed was serious and called for a custodial sentence.

“I have considered the trial has taken an unduly long period and the accused persons must have undergone mental anguish during the pendency of the trial,” Korir said.

Fonseca was found murdered in her Runda residence in Nairobi.

She was strangled to death on July 26, 2012, less than two weeks after arriving in Kenya to head the diplomatic mission.

Olga’s body was found lying on her bed with a wire cord around her neck, hands, and legs.

One suspect in the murder Mohamed Ahmed Hassan was never captured and warrants for his arrest remain unexecuted to date.

The prosecution had presented 37 witnesses and produced 39 exhibits that were used to prove the case.

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