The campaigns for the 2017 general elections are on. It is a battle of un-equals, either as belligerent as the other. Jubilee is muscular, bashful, and haughty.

Its strategy is shaping up as a drawn out campaign aimed at brazenly exhausting an already weakened opposition.

Uhuru Kenyatta and William Ruto can count on the psychological advantage of incumbency, a powerful state machinery and an intimidating war chest. CORD is resource-starved, somewhat disillusioned and almost entirely dependent on the sheer force of Raila Odinga, arguably its biggest, most potent asset.

He is bellicose and desperate. This is his last real shot at the presidency.

Yet the battle for 2017 is therefore not only an electoral contest between Odinga and Kenyatta.

It is also a battle for a place in history.

Odinga knows that he is on the back foot against a daunting opponent and is making a wager for moral victory, whether he wins or loses the 2017 elections.

He is poisoning the well, driving a street campaign to discredit the Independent Elections and Boundaries Commission (IEBC), thus creating a legitimacy gap in the 2017 elections, months in advance.

A legitimacy gap would destabilise Kenyatta’s legacy plans.

Taking the battle to the street disrupts Jubilee’s road-show to punt their development record.

The street is Odinga’s natural habitat. It is an unfamiliar battle-ground for Kenyatta, who is already floundering, deploying truncheons instead of artful counter-propaganda.

It still is a massive gamble for Odinga, but that is all he is left with. That plays into Odinga’s mission to conjure himself up as the moral edifice of Kenya’s pathological democracy.

The end-game for Odinga here is easy to imagine; re-establishing the epic of the Odingas’ battle against a weighty establishment and lewd national history whose real face is Jomo Kenyatta, who has been re-lived for 38 years by his own parodies: his long-standing and loyal underling, Daniel Moi, his Finance Minister of 16 years, Mwai Kibaki, and now his son, who is brooding his own Kalenjin parody, William Ruto.

That changes the game from merely playing up uninspiring moments of Kenyatta’s first term.

He will be lampooned as the devious child of his father. Kenyatta now has to show cause why he should not be chalked down in history as the continuation of an insalubrious history of kleptocracy, authoritarianism and ethnic supremacism.

Even attempting a response dooms him to failure. He is his father’s son!

His best chances against Odinga is to shift the moral axis. He needs a soaring and game-changing feat that will atone for his father’s undeniable sins and give him a real chance of claiming a place in posterity.

Fortunately for him, there is a massive opportunity right under his nose to reset the moral contest. Kenya’s democracy needs fixing.

He has the means, and imperative to do so if he is serious about a place in history. He will need to focus on the problem rather than its symptoms.

The principal problem of Kenya’s democracy today is the lack of a solid constitutional and regulatory framework for political funding. What exits needs shaking up.

Political party funding is not only about giving cash to political parties. It is also about regulating political funding; what kind of funds are acceptable, how they are spent with audits for the same, how much money a party can accept for a single funder and how much of it is used on what.

It is the very means of protecting democracy itself. It insulates the state from contamination, and even capture by rogue privateers to who use political funding to move the levers of politics.

It also moderates the resource differentials between competitors and rigs the playing field in favour of right, rather than might.

The nature of political funding in Kenya has a tortured history that somewhat clouds its real implications on competitive politics.

The 1990s saw a significant infusion of foreign funds to support democratisation and the institution of a culture of human rights, primarily a foreign agenda that coincided with that of discontents of Daniel Moi’s dictatorial rule.

While this helped a rag-tag opposition’s political agenda, wealthy politicians directly funded their own political parties, which they also used as vehicles for their very personal presidential ambitions.

The ruling party itself, KANU, directly self-funded from state resources.

From 2003 to 2013, a precarious balance of power between Odinga and Kibaki created an equilibrium of political odds in the 2007 and 2013 elections, that forced the owners of wealth in the country, acutely aware of the force of state power in determining fortunes, to wager on either.

The result was a political environment flush with cash from privateers whose contribution to campaigns was the ante for capturing the government.

The result was a blind spot on the constitution making process, so that the current constitution, developed, and eventually passed at the tail end of Kibaki’s rule, glossed over political funding.

Today, such privateers are not willing to fund a weakened opposition that, to put it bluntly, is unlikely to wrest power from the incumbent in the coming elections.

The brusque implication is that the incumbent, who already has access to immense political resources, is in a better position to raise even more resources. The opposition on its part is likely to at the very best attract only a fraction of the resources it raised for the 2013 general elections.

Today’s opposition is not an innocent victim.

Politicians across the political spectrum have to date been happy conduits of shady political funding. Citizens themselves have not questioned the sources of stupendous amounts of money that trade hands during campaigns.

They should. In this game, there are no free lunches. Those that we borrow from to purchase political power always demand their pound of flesh once we are in power. This is the axis around which grand corruption in Kenya rotates.

Shady political funding too is what puts Kenya on the cusp of metamorphosing into a fully-fledged robber-baron democracy.

Certain trends already seem to damn us in this direction; an illicit dalliance between politics and money; a sick ethic that legitimates this link; a consistent pattern of scoundrels making it to the top; acceptance, or resignation to corruption as part of the everyday and ‘normal’ order of democracy; an unusually high tolerance for political hypocrisy; a lottery mentality obsessed with the miniscule odds of ‘striking it’; ‘ownership’ of political parties, and one could go on.

The result is a vicious cycle, which helpfully, can still be broken, by not by ordinary citizens, but by an unfettered executive that does not have to pander to popular whims.

This is where John Wayne Kenyatta should strut in. Kenyatta does not need additional private funding. He controls state resources. He is also a man of no modest means.

Barring a stellar fight-back by the opposition, he will likely stroll into a second term. It means he can, and should cut out the moneybags in the shadows from the 2017 campaigns. His means can only be a stout framework for state funding of political parties.

Kenyatta should table a bill for princely state funding for political parties. He should peg the figure for funding on the budgets that political parties used in the 2013 political campaigns.

The country’s intelligence agencies should have a very good sense of these numbers. That is a huge carrot that should whip parliament to support the bill.

He will however need to couple the funding with a stringent regulatory framework that requires parties to address internal democracy and governance issues, most importantly, having substantial representation across the country’s 47 counties, democratically elected party officials, and stringent regulations on expenditure.

Such a move will be doubly expedient. It helps his moral battle against Odinga by changing the terms of political debate, and increases his odds for posterity.

In the immediate term, it alters the priorities of political parties, and in particular forces a cash-starved opposition to sort out internal governance issues to access political funding. Even to opposition parties, that would be a justifiable distraction.

It is also expedient that Kenyatta does not really need state funding to win the next election. In fact, he does not need a political party.

That means that Jubilee parties can present a schedule for meeting the requirements for political funding that runs past August 2013.

Kenyatta’s opponents do have this luxury, especially if the bill creatively pre-empts all options but compliance.

There is also a public interest dividend. Providing public funding to political parties will decapitate despotic party patriarchs, give parties legs and the guts to contend with the real business of democratic politics – winning electoral support on the basis of their vision for the good society.

This will not stop Odinga. It will only give Kenyatta footing to box himself into posterity. He needs to. He will retire young, and has decades here on earth to account for what he did with his life as President of the Republic of Kenya.

Then

Chief Justice Mutunga leaves office on 17th June.

Kenya has been extraordinarily lucky in his appointment. He has carried out major reforms in the judicial system, abolished the pompous practices of judges, reached out to the people, and developed constitutional jurisprudence from which judges and lawyers can draw inspiration for years to come.

The challenge for us now is to find a suitable successor—not an easy task. He was appointed when we had a coalition government and our politics were not so divisive, nasty as now.

Free from any political pressure, the independent Judicial Service Commission (JSC) could follow the process for appointment to the letter.

For many Kenyans its highlight was his lengthy interview by MPs, full of searching and even personal questions (tough but not malicious), televised and watched avidly all over East Africa. I remember receiving phone calls from friends in Tanzania and Uganda alerting me to the programme.

The interview was also watched by South Africans who told me that our process was more impressive than theirs, despite theirs being extraordinarily participatory and transparent. From my perspectives, not only were we getting an excellent CJ but were also celebrating a triumph of the Constitution. Willy Mutunga did not let us down.

Now

My friends tell me that that golden age is gone—it had but a brief tenure. Everything has been politicised. Relations between political leaders have never, publicly, been so bitter, indeed vindictive. The prize of the capture of the state has never been so tantalising—and rich.

Neither the government nor the opposition have the least bit of respect for the Constitution. There is no hesitation at the use of violence, inflicted on innocent Kenyans, brute force replacing the law and destroying their rights and freedoms.

The president and his deputy have used their powers of appointment to state and parastatal offices liberally as patronage, to buy and solidify their political support regardless of constitutional rules of integrity and fitness for office.

There is little respect for the rule of law and the separation of powers—under which the judiciary is the ultimate custodian of the Constitution. We may well be at the edge of a civil war.

Politicising the appointment of judges?

Many people think that this is hardly the time for an impartial process for the appointment of the CJ and other judges.

They say that some judges have already been politicised. And, more worryingly, they say that the president has tried to politicise the Judicial Service Commission (JSC) in his recent appointments of two of its members, supposed to represent the entire community of Kenyans.

Additionally, he tried, unsuccessfully, to change the law so that he would make the ultimate decision on the CJ and DCJ. It was easy enough to push it through the National Assembly, given his majority and the lack of principles among numerous parliamentarians.

But the judiciary, in a considered judgment, decided that the amendment was unconstitutional—against the very principle of the separation of powers. But for this courageous stand of the High Court, we would have witnessed the end of the independence of the judiciary—and the demise of the Constitution. And then back rapidly to the dark days of Jomo and Moi.

Importance of an independent judiciary

The independence of the judiciary is critical for a number of reasons. It is central to the maintenance of the values, institutions, and processes of the state.

Unlike many constitutions, this one is full of values that the state and indeed civil society must observe (in Article 10, hopefully familiar to most Kenyans). Contrary to the propaganda of his followers, the president is not above the law, and must exercise his power only in accordance with the Constitution and its values.

Otherwise his conduct is unconstitutional. Another primary responsibility of the judiciary is to maintain the balance, prescribed in the Constitution, between the different organs of the state, including the centre and devolution—a task it has been called upon to perform several times.

The judiciary has been given responsibility for the protection of our rights and freedoms, for which Kenyans fought bitterly, first the British, and then the local, imperialists. Courts have been given extensive powers to ensure that rights are protected, even to the extent of creating a law on their own initiative.

Access to courts is made easy (even though the government has little and late for legal assistance to the poor). The fundamental rule of constitutional interpretation is the promotion of its purposes, values and principles and advancement of the rule of law and human rights.

All these requirements place a heavy burden on the judiciary. On the whole, judges have discharged their responsibilities with great courage and distinction: diligent, focussed, impartial and true to their task, showing great knowledge of the law—and above all, independent.

Truly our unsung shujaa, without whom the Constitution would have atrophied.

Threats to independence

Independence, as the Constitution states and as judges have elaborated, is a culmination of several factors—“an appropriate and [impartial] appointment process; subject to strict procedures for removal of judges, a fixed term in the position; and a guarantee against external pressures”, the most important of which are the first and the last.

The role of the JSC is critical to the achievement of these objectives, following detailed rules and procedures prescribed in the Constitution and supporting legislation. Another worrying factor is the president’s predilection to interfere in matters that do not belong to him.

This is compounded by the poor performance or weakness of two key elements of the legal and constitutional system, the AG and the DPP. The AG, ignoring the law, seems to have repeatedly given the president the advice he wants to hear.

The dangers facing us were captured vividly and succinctly—and unanimously-- by the High Court bench of 5 judges in the case concerning president’s claim to choose which appointments of judges he would approve:, “Opening a window for the President, even in a small way, to decide which nominees to appoint and which ones to reject would be a relapse to old system which was overwhelmingly discarded by Kenyans in a plebiscite.

It would open the window for the reintroduction of manipulation and horse-trading in the process of appointment of Judges.

To do so would open the process to contamination by the ills that informed the transformation in which Kenyans discarded the old process of appointment of judges which was besmirched with partisanship, nepotism, negative ethnicity and tribalism, cronyism, patronage and favouritism with the current one that is meant to espouse the values and principles of governance set out in Article 10 of the Constitution which include non-discrimination, good governance, integrity, transparency and accountability”.

They concluded that the president’s action in their view “was clearly against the letter, spirit and tenure of the Constitution.”

How do we preserve the independence and effectiveness of the appointment and responsibilities of Chief Justice and her colleagues

This complex matter will be explored in detail in future articles in Katiba Corner and no doubt other places. For now it is sufficient to say that we need a vigorous public debate on the importance of the independence of the judiciary and how we can promote it.

We all, including the president, need to recognise the independence of the JSC; and the JSC, though perhaps a little shaken by presidential resistance and other matters touching Supreme Court judges, must resolve to stick meticulously to its mandate.

The process for appointment of the CJ and other judges must follow strictly the Constitution and Judicial Service Act, regarding qualifications for appointments, and the procedures (including transparency and participation). We must start a debate on and civic education in, the importance of judicial independence so appointments are not the matter for an elite group, but is offor all the people—in the spirit of the Constitution. Watch this space.

The author is a director of Katiba Institute

Opposition leader Raila Odinga has prepared a sturdy financial war chest for what may his last attempt at the Presidency next year.

Historically Raila has been considered a stingy politician but he now appears to have started serious personal spending.

He has been facilitating his co-principals Kalonzo Musyoka and Moses Wetang'ula to travel across the country as well as providing the bulk of the money needed to organise Cord activities.

He pays from his pocket for the offices and staff at Capitol Hill, owned by the late Harban Singh, which are now being used as the Cord joint secretariat. Recently, he ordered for a review of the working terms of his secretariat who got salary increments and enhanced allowances. The Staff at Orange House are paid from the ODM coffers

The exact amounts released by Raila remain confidential but sources says the former Prime Minister has been willing to fund budgets with ease unlike before.

"Sometimes he delivers the cash using other people and it could be in millions," said an aide to the Cord leader.

Raila has put together an efficient campaign team to handle party finances as well as his political diary.

The recent appointment of former Special Projects PS Andrew Mondoh as Chief of Staff at the Cord secretariat has streamlined operations and increased impetus.

With 14 months left to the 2017 general election, Raila has been making high profile foreign trips and staging costly political rallies in Western Kenya, Mombasa, Nairobi, Meru, Nyanza and recently Garissa.

In Nairobi alone Raila has bankrolled multiple rallies attended by thousands of supporters in the scramble for the strategic city vote.

"You have seen for yourselves. It will no longer be business as usual in Cord. Kama ni pesa, tutatumia pia, kwani wao ni nani? (if it is money, we will also spend, otherwise who are they (Jubilee)?," a senior official at the Cord secretariat told the Star.

"We will prove wrong our critics who said we had run out of steam," said the official.

"Expect more in the coming days, we have taken time to plan, get resources and now it is spending time," said the official who is acquainted with Cord's internal operations.

During the Madaraka Day rally in Uhuru Park, Raila reportedly spent Sh2 Million on logistics alone.

Cord hired a clear and powerful public address system and provided entertainment unit from musicians Emma Jalamo and Lady Mourine.

Buses were also hired to ferry supporters from as far as Machakos, Ngong, Kajiado and take them back after close of business. Historically Raila and cord have not been known to facilitate crowds.

Last Saturday Raila stormed Garissa Township where there was heavy mobilisation with thousands of Cord supporters filling the stadium

Raila’s strategy for 2017 will be different to 2013 because then he campaigned as the Prime Minister and therefore in government, says political analyst Adams Oloo.

“This time round he is in the opposition and is expected to use a different approach. Each election has different and unique characteristics,” Oloo said.

In the last year Raila has been to the UK, Brazil, China, South Africa, France, Korea, Israel, Tanzania and Mozambigue and conducted TV interviews with CNN, BBC and Al Jazeera.

Last year, Raila launched The Kenyan Weekly paper to provide a new platform to articulate concerns without the usual newsroom gate-keeping. He has also set up the website www.rao.co.ke and is employing several bloggers.

He has bought two new choppers, one last November and a second in February 2016. He has been criss crossing Kenya in a Eurocopter B4 Bell that cost an estimated $2 million ( Sh200 million).

Raila also wants sitting governors to be in charge of his grassroots campaigns and to assist with his expenses. In exchange the govenors want direct nomination tickets next year arguing that party primaries would distract them from focusing on Raila’s campaigns.

Three governors from Luo Nyanza - Cornel Rasanga (Siaya), Jack Ranguma (Kisumu) and Cyprian Awiti (Homa Bay) - have said they should not undergo primaries.

“We have showed ODM unwavering support ever since we were elected. Going for nominations means the party can give tickets to our rivals which could be a blow to us,” Rasanga said.

In 2013, Jubilee reportedly spent about Sh10 billion on campaigns while Cord ran a budget of Sh13 billion.

A study by Coalition for Accountable Political Financing estimated that in 2007, Mwai Kibaki and Raila Odinga between them spent Sh7 billion on their presidential campaigns.

Presidential candidates need to finance merchandise, operations, events, helicopters, branded vehicles, media campaigns, opinion polls, and much else.

However proposed campaign financing regulations by the IEBC, which is before Parliament, wants to limit the expenditure of each presidential candidate in 2017.

The IEBC proposes to peg campaign spending to the number of voters in an electoral area, proposing it should not exceed Sh250 per registered voter. Assuming 18 million registered voters, that would give each candidate a budget of around sh4.5 billion.

Raila can afford to pay

It is doubtful that any candidate could pay all the costs of a presidential election but Raila is wealthy enough to start the ball rolling. The Odinga family's Kisumu molasses plant may have closed down but Spectre is still importing LPG and manufacturing cylinders. Spectre also wants to build a Sh300 million LPG depot in Embakasi. The annual LPG market in Kenya is worth about US$1.6 billion so even a small share is valuable. Raila's stake in Pan Africa Petroleum may however be far more valuable. Working with the giant Al Bakri group in Saudi Arabia, Pan African has profitably supplied petroleum to the Kenyan market since being set up in 2005. On his Linked In page, Raila's son Junior lists himself as an 'owner' of Pan African Petroleum and a 'sales assistant' for Bakri International Energy since 2007. Pan African Petroleum has also made big inroads into the West African market. It operates an offshore exploration licence in Nigeria jointly with Aliko Dangote, Africa's richest man. In November 2015 Raila and Dangote both attended the swearing in of John Magufuli as President of Tanzania, which has just started selling its massive gas reserves. Pan African Petroleum is also operating in Angola.

PARTIES that sign post-election coalition agreements with President Uhuru Kenyatta's new party will not benefit from government appointments.

A draft constitution of the Jubilee Party obtained by the Star says that post-election coalitions will only be for the purpose of increasing the party's numbers in Parliament.

"The post-election coalition shall be purely for purposes of addressing the parliamentary strength of the Jubilee Party in Parliament or in the County Assemblies," Article 33(3) of the draft says.

It adds that all coalition agreements must be made after the passage of a resolution by the new party’s National Executive Committee.

The Jubilee Party, which is to be launched later this month, will use consensus to fill 17 positions of national officials once the Jubilee Coalition affiliates merge.

According to the draft constitution seen by the Star, the new positions will be distributed among the officials of the parties in the merger.

“The merger party shall agree by consensus on the distribution and sharing of party positions among the officials of the dissolved parties, having regard to the respective strengths of the dissolved parties," part of the transition clauses say.

On Monday, the different parties subscribed to the merger met in Nairobi to discuss the constitution and will meet again next week over the same.

The document gives the name of the party as the Jubillee Party (JP), with the motto “Tuko Pamoja” (We are Together).

The draft, which was part of the discussion in a closed-door meeting on Monday this week at KCB Karen, says there will be 17 National Officials led by the Party Leader and Deputy Party Leader.

The senior-most positions include the National Party Leader, National Chairman, Secretary General, National Treasurer and County Chairpersons.

Deputy President William Ruto is expected to take up the position of Party Leader, with TNA taking up the position of Deputy Party Leader.

“The Party Leader shall oversee, coordinate and supervise the implementation of the party manifesto by the national government, county government and their respective agencies under the Jubilee Party,” Article 9 on the Duties of the Party officials say.

Since President Kenyatta will not be taking up any party position, it is expected that TNA chairman Johnson Sakaja will be the Deputy Party Leader.

However, there have also been suggestions that Meru Senator Kiraitu Murungi takes up the position due to his role as the senior-most member of the Steering Committee.

The draft constitution says that the Deputy Party Leader will take up the roles of the Party Leader in his absence.

The draft constitution further states that the Party Leader shall issue directives for the performance of specific acts or omissions in furtherance of the objectives of the Party or fulfilment and compliance with party manifesto, programmes, values and ideals.

With the Party Leader being in charge of the Jubilee Party, the appointed 17 officials will come up with professionals to run the party.

The Secretariat, the draft constitution says, will be run by an Executive Director and a minimum of five and a maximum of nine senior directors.

The party will also prioritise retaining officials, employees, staff and personnel of the previous Jubilee Alliance member parties during the merger.

The parties include the Alliance Party of Kenya (APK), New Ford Kenya, United Republic Party (URP), The National Alliance and Narc.

According to the draft constitution, the terms of service, remunerations and/or allowances will be adjusted to their favour if they are retained.

The new Jubilee Party has also demanded each party to the merger publish its audited accounts in at least one local daily newspaper not later than 30 days from the date of executing the merger instrument.

The draft further states that the respective Party merging parties shall finalise, terminate and, or conclude the employment status of their employees, officers, staff and or personnel and shall each pay terminal dues or benefits to those officers, staff and, or personnel so that the new outfit does not inherit liabilities from its members.

“The liabilities in respect thereof shall not be transferred to the new party,” says Article 33 of the Transition Clause in the draft constitution.

The constitution empowers the Jubilee Party National Executive Committee to pass a resolution to enter into a pre- and post-election coalition with any political party or parties.

However, it recognises the National Chairman and the Secretary General as the signatories of the instrument of the pre-election coalition.

“The Pre-election Coalition shall in every aspect comply with the provisions of the Third Schedule of the Political Parties Act,” says Article 33 on Coalitions.

It also indicates that the post-election coalition will be entered into for the purposes of getting a majority in Parliament and not for formation of government.

However, the party constitution dictates that any delegate opposed to the dissolution may register at a desk set up at the convention for that purpose, and the dissolution shall be construed to have failed if opposed by 30 percent of the delegates entitled to attend and vote at the National Delegates’ Convection.

“The National Delegates’ Convention may by a resolution decide that the Jubilee Party be renamed,” says the draft.

The constitution further demands the National Executive Committee stay in office for 90 days after the merger to oversee the transition period and document the status of assets and liabilities.

Uhuru had formed the Jubilee Alliance Party as his vehicle for the 2017 elections, though there have been suggestions that the affiliates form a new party.

Uhuru and Ruto formed a 15-person Steering Committee of all the Jubilee parties chaired by Kiraitu to ensure the merger happens by the end of this month.

It has now been agreed that JAP will be transformed into the Jubilee Party once Parliament passes the Political Parties (Amendments) Bill.

This will save Jubilee the hassle of going through the long registration process that comes with forming a new party.

New parties are registered provisionally for six months and use this period to satisfy the Registrar of Political Parties that they have met all requirements.

Controversial Gatundu South MP Moses Kuria has alluded to a plot to "assassinate" Cord leader Raila Odinga because he is a "threat to the nation". 

Kuria made the remarks on Sunday at the thanksgiving rally of a vernacular station radio presenter held at the Safaricom indoor stadium, Kasarani. 

A one and half minute video of the MP making the inciteful remarks immediately went viral on social media with Majority of Kenyans calling for his arrest.

“Nyumba ni murathikiriria? Nindiraheiruo wira nimukuona ta nguhota? Matige guitigira, Muthama, na Orengo na nyina moke othe. Ni mui gitumi ni kii? No matume kimudu, giuke na mucinga, Raila rii rithathi ya mutwe akue mauge ni nii.No emenyerere, ona bebe no arie, tutigutorio thinaine ni mundu umue. Na arie bebe tumuthike jumatatu  iria inge, maikie mahiga wiki imue na Kenya ithii na mbere . Okoruo ni haro me kwenda niyo me kuona. Muire raila ona bebe no arie na thii ihore na tuthii na no menda thayu moke tuarie tuikare wega IEBC yenda guthii ithii okoruo tii uguo mathii ma kiumaga”

Loosely translated to…”My people, I was appointed to speak with these people. Do you think I will deliver? They shouldn’t fear in fact let Orengo, Muthama and their mothers come. They want to stage a gunman tasked to kill Raila and then blame it on me. But he should be careful because he can still bite the bullet. We won’t be troubled by one person forever. He can as well bite the bullet and we bury him next Monday. His protesters will throw stones for just one week and life continues. If it’s war they want it’s what they’ll get. Tell Raila he can bite the bullet but if they want peace they should come and let us negotiate”.

Kuria is currently facing three charges of incitement to violence, hate speech and fanning ethnic hatred.

He is accused of linking the Gikomba terrorist attack, which killed 10 in 2015, to members of the Luo community.

Meanwhile, police are investigating Bahati MP Onesmus Kimani Ngunjiri utterances over the weekend that members of the "Luo community should leave Nakuru".

The MP spoke to a crowd after Cord leader Raila Odinga held a political rally in Nakuru on Saturday. 

"The MP will be summoned for grilling," Inspector General of Police Joseph Boinnet said in a text message on Sunday.

The utterances believed to be hate speech were recorded on a video and audio clip that went viral on social media.

In the clip, the Mp was heard saying, "na sasa tunasema ni bahati yake sikuwa hapa...Tungeonana (what we are saying is Raila was lucky i was not around).

Read: Raila arrives in Nakuru to 'hunt for votes'

"Walifanya demonstrations wakachoma nyumba ya mkikuyu na ya neighbours... kama ni namna hivyo hata wajaluo wahame hapa... wahame...wameharibu mali ya watu wetu," Ngunjiri said.

"they did their demonstrations, burnt houses belonging to Kikuyus and neighbours.. if it is so, even Luo community should leave this area. let them leave.. they have destroyed our property"

The MP who spoke to a charged crowd incited them not to allow the Cord leader in Nakuru.

The Ethics and Anti-Corruption Commission is investigating a Sh404 million procurement at the Kenya Pipeline Company.

The investigation involves KPC’s procurement of composite sleeves in 2013-14 for $4,046,744 (Sh404 million) from a local company, Thermodynamic General Supplies.

The procurement was allegedly inflated, resulting in a loss of at least Sh230 million.

The company address is in Gill House, Nairobi, but the telephone number on its letterhead belongs to a fruit vendor in Ukasi, Mwingi, about 170km from Nairobi. When the Star visited Gill House, the company no longer appeared to be there

The then KPC managing director Charles Tanui signed a letter of award to Thermodynamic on January 24, 2014.

He was replaced by a new managing director, Joel Sang, in April 2016. In July 2015, John Ngumi became KPC chairman as part of a government move to shake up the company.

KPC procured 620 composite sleeves of various sizes at inflated prices.

For instance Wrap Masters USA manufactures and sells the 14inch, 60cm long composite sleeve for $890 (Sh89,000 ) while Thermodynamic sold the same item for $9,839 (Sh984,000 ) a 1,000 per cent markup.

Composite sleeves are used to restore corroded or damaged sections to a safe operating condition without shutting down the pipeline.

The total cost of the sleeves was $559,500, based on the manufacturer’s price, but the amount paid to Thermodynamic was $4,046,745 (Sh361 million at that time) inclusive of VAT of $551,275 (Sh50 million).

This represents a 600 per cent markup, even allowing for shipping costs.

“The justification for the purchase of the composite sleeves was from the inline inspection of line 1 and 2, citing the critical repair areas and the repair schedule spanning a period of time on the aging pipeline that needs constant attention for continued delivery of product. There is only one line from Mombasa to Nairobi that was constructed in 1978, operational for 38 years. This line has exceeded its useful life of 25 years,” Sang told the Star.

“It has to be kept in good state for comfort of supply before an alternative line is in place. Therefore there is need to keep adequate spares for the line repairs as items under stock for ease of maintenance of the lines. The technical department then initiated the process of purchasing the composite sleeves and a Purchase Requisition was initiated and approved as per the company regulations.”

Sang told the Star Sh150 million was budgeted for pipeline rehabilitation in 2013-14.

He admitted the budgeted amount was exceeded but said the procurement was done by the previous management.

In a letter dated January 5, 2014, Thermodynamic MD Huba Waka asked the KPC managing director to provide a letter of credit with 40 per cent to be paid upon drawing up the contract, 30 per cent on raising the bill of lading and 30 per cent upon delivery of the goods.

A search for Huba Waka online found only scant details of a businessman who attended St Paul’s University.It is not known if it is the same Huba Waka. The EACC probe also wants to establish why Thermodynamic did not file any tax returns with the Kenya Revenue Authority or submit VAT returns, especially since KPC paid Sh50 million VAT.

KPC told the Star this week that the overpricing of the composite sleeves was revealed during the normal internal audit and a report was submitted.

A 'fake doctor' was arrested at Nakuru Level 5 hospital while administering treatment to unwary patients on Monday.

George Mburu, 33, had reportedly been operating at the hospital for the past one week.

For the period, Mburu was using the name Generis Njuguna to swindle the public.

Joseph Kiprotich, a clinical officer at the level five hospital, said that they received complaints from other doctors over the 'unidentified medic'.

'Dr' George Mburu is no listed in the Star Health portal for registered doctors.

Kiprotich said after investigations, they arrested the man in the morning as he was 'reporting to work'.

He said Mbugua, who was found with only a national Identification card in his wallet, was fully dressed as a doctor and had a stethoscope hanging around his neck.

Kiprotich said that the fake doctor claimed to be attending to the outpatients only.

The hospital, he said, was trying to establish how many patients the man might have attended to or prescribed any medications.

The clinical officer added that this was the third case where a man was pretending to be a doctor at the hospital.

However, Mbugua defended himself saying he was only acting on voluntary basis further denying that he was extorting money.

He said he has been doing the same while he was at Kitale district hospital where he resides.

“I have been doing the same in a hospital in Kitale because it was just voluntarily and I thought I could do the same,” he said.

Mbugua said he had been a medical student of Tracom Collage in Nakuru town.

The college, when contacted by the Star, said Mbugua  only had attained diploma in community health and had ceased to be their student at least one year ago.

Is you doctor registered?  Visit http://health.the-star.co.ke/ and find out.

Temperatures are rising and Kenya could be careering toward ethnic violence as leaders spew hatred and beat war drums ahead of next year's polls.

It has been an ugly few days, including yesterday, as lawmakers from both coalitions have been accused of hate speech and summoned to the DIC.

Controversial Gatundu South MP Moses Kuria, a key ally of President Uhuru Kenyatta, shocked the nation on Sunday when he appeared to call for assassination of opposition chief Raila Odinga.

Watch:[VIDEO] Moses Kuria claims plot to assassinate Raila

After the video of Kuria and cheering supporters went viral, ODM MPs threatened to mobilise supporters unless Jubilee stops the vitriol.

Kuria was named to Jubilee's team to end the IEBC standoff. He faces three charges of incitement to violence, hate speech and fanning ethnic hatred.

He is accused of linking the 2015 Gikomba terrorist attack, which killed 10, to the Luo community. Last year he urged youths to grab pangas and attack opponents of the NYS.

Last evening, Kuria presented himself at the CID.

Police IG Joseph Bonnet yesterday ordered Jubilee MPs and reps Kuria, Kimani Ngunjiri, Ferdinand Waititu and Cord lawmakers Aisha Jumwa, Timothy Bosire and Junet Mohamed to appear following hate speech allegations. At press time, they were recording statements.

On Saturday, Bahati MP Ngunjiri was taped calling for immediate ejection Luos from Nakuru.

Before that, rowdy youths briefly disrupted Raila's Nakuru meeting, demanding he leave immediately. Police fired in the air to disperse them.

Kuria delivered the apparent assassination remarks at the thanksgiving rally of a vernacular station radio presenter in Kasarani.

Speaking In Kikuyu, Kuria said: “My people, I was appointed to speak with these people. Do you think I will deliver? They shouldn’t fear. In fact let [Senator James] Orengo, [Machakos Senator Johnstone] Muthama and their mothers come. They want to stage a gunman tasked to kill Raila and then blame it on me. But he should be careful because he can still bite the bullet.”

He went on: “We won’t be troubled by one person forever. He can as well bite the bullet and we bury him next Monday. His protesters will throw stones for just one week and life continues. If it’s war they want it’s what they’ll get. Tell Raila he can bite the bullet but if they want peace they should come and let us negotiate.”

The National Cohesion and Integration Commission also summoned Kuria and Kimani but appeared helpless.

NCIC chairman Francis ole Kaparo blamed the Judiciary for 'inaction' on hate mongers.

So far, 900 hate speech cases have been investigated and 20 cases have been prosecuted, he said, but there were only six convictions.

"Political utterances, ongoing ethnic balkanisation and general intolerance by some politicians is alarming and misguided. The feeling some politicians can block other players from selling their agenda is a recipe for disaster worse than the 2007 elections. It has been done before and it's a philosophy that had dire consequences," Kaparo warned.

He said they have failed several times to cancel Kuria's bail.

However, Suna East MP Junet Mohamed accused NCIC of political bias, saying Kaparo is tarred as chairman of DP William Ruto's URP party.

Angry MPs led by ODM Treasurer Bosire said they too have communities they can summon to act, to talk assassination and evict.

They said Kuria, Ngunjiri as well as MPs Dennis Waweru and Maina Kamanda must be charged.

“ODM supporters will not turn the other cheek. If this madness does not stop, we leaders have no option but to ask our supporters to be prepared, ready to defend themselves,” Bosire said at a joint press conference.

Lawmakers said the youths who disrupted Raila's Nakuru meeting were organised by Ngunjiri and bankrolled by Nakuru Governor Kinuthia Mbugua.

“The MP [Ngunjiri] and the Governor [Mbugua] later called for eviction of members of the Luo community and other Raila supporters from Nakuru and environs,” the Orange leaders told a press conference.

Also present were Kilifi woman representative Aisha Jumwa and her Busia counterpart Florence Mutua.

They accused MPs Dennis Waweru, Maina Kamanda and former MP Bishop Margaret Wanjiru of leading thugs to storm Raila's office. Junet said Interior PS Karanja Kibicho urged them on.

ODM lawmakers said Kuria and Kabete MP Ferdinand Waititu called for Raila's assassination at an “oathing forum camouflaged as a church service”.

“Mr President, ours is either a nation or a series of ethnic enclaves controlled by bigots and warlords. We want to know where you stand on warlike activities encouraged by your supporters, your party leaders and security forces under your command,” they said.

Read more on this story:Moses Kuria defends remark on Raila ‘biting bullet’

Random school visits by Education CS Fred Matiang’i have caused anxiety among school heads, while teachers’ unions are openly angry.

Knut and Kuppet argue that Matiang’i has usurped the role of departments and an agency like the Teachers Service Commission.

It is like a visitor coming to your house without notice and marching straight to find you naked taking a shower in a bathroom, said one official who requested anonymity.

While Matiang’i’s abrasive style of work has been applauded by the public since his appointment in November last year, the general but quiet feeling among educationists is that the visits are an overstep meant to cause tension or just act as a public relation exercise.

Matiang’i, however, insists that he will not stop the visits because schools are part of his place of work besides the Ministry of Education office at Jogoo House.

“The school is where the rubber meets the road,” Matiang’i said. “We have good policies that are managed poorly, and thus we lose the game at the school level.”

To support why the visits have no ill-intentions, Matiang’i argues that the fact that the government has pumped close to Sh300 billion in free learning is enough reason to find out how such large amounts of resources have been utilised.

Matiang’i adds: “I am not in a mission to be popular but rather ensure that Kenya’s children get the quality education.”

What has angered Matiang’i most during the visits since January is a glaring teacher absenteeism.

Schools the minister has visited include Shimo La Tewa Secondary, Naivasha Boys High School, Naivasha Girls High School, Mirera Primary School, Nakuru’s Njoro Boys and Girls, Kagumo Boys in Nyeri, Machakos Boys and Girls, Muvuti Secondary School, Kitui Boys and schools in Kisii.

The CS says in every school he has visited, he found some teachers were absent.

Headteachers have also been unable to justify what certain amounts of money recorded in books of accounts have been used for, he said.

“In one of the schools, the headteacher talks of Sh10 million used for painting, which does not add up, given the presenting picture at the school,” Matiang’i said, adding that there is something surely amiss that, if it were not for the visits, nobody would have announced to the public.

The purchase of textbooks and learning materials by school heads has come under scrutiny.

The pupil-book ratio in some schools stands at a 12:1 ratio. The CS termed this unacceptable, given that every year since 2003 for primary schools and 2008 for secondary schools, the government has provided schools with cash to buy the textbooks under the free learning cash programme.

Matiang’i says answers from heads are not satisfactory, and the ministry is now forced to start rethinking on the best way for schools to get textbooks.

The CS has suggested that the government and education stakeholders are working on a hybrid system of book purchase and distribution. This calls for close collaboration between the ministry and head teachers when books are bought.

The Constituency Development Fund has largely been used to support education, yet schools are unable to account for cash spent, Matiang’i said.

“School managers should be good stewards of resources received from the government and households through fees,” he said.

Schools’ safety has also been part of the CS’s agenda in schools, as he asked the Education Quality and Standards Council (ESQAC) to ensure compliance to the safety manuals in schools.

Matiang’i has pledged to visit as many more schools as possible to check on their policy implementation.

The ministry plans to streamline supervision and management of education institutions to ensure effective policy execution, the CS said.

The visits are, however, viewed differently.

Knut secretary general Wilson Sossion argues Matiang’i’s visits are political and a public relations exercise.

Sossion said while the disclosures from Matiang’i’s visits are shocking, can he go to all 30,000 schools?

“We have no sustainable and workable supervision framework. The inspectorate of school department collapsed long ago,” Sossion said. He urged the government to improve the quality assurance department’s capacity to inspect schools.

The once-revered inspectorate department does not give quality assurance reports, both at the national level and in the counties.

This department, if revived, should be the one to carry out genuine school visits, Sossion said.

Kuppet national chairman Omboko Milemba said unions will not allow Matiang’i to continue “sneaking” into schools while he’s yet to get the quality assurance department functioning.

Milemba said: “If he insists on the visits, nothing will be achieved other than causing panic in schools.”

The former inspectorate department used to police schools the Matiang’i way as compared to its successor, the quality assurance, which in fact alerts schools when visiting.

Milemba said the CS risks taking the sector back to the old days of the “militant inspectorate” department.

However, Elimu Yetu Coalition national coordinator Janet Muthoni-Ouko supports the random school visits by the CS.

She says cartels operating between schools and the government ensure that the Education boss does not receive accurate information at any time when managing the ministry.

Muthoni-Ouko said Matiang’i has discovered problems in schools, yet there are ministry officials, the Teachers Service Commission, county directors of education and other officers on the ground.

“For the minister to come face-to-face with the harsh reality in schools like lack of textbooks, this means that cartels have held the Ministry of Education hostage,” she said.

Muthoni-Ouko added that officers from the Department of Quality Assurance and Standards are often frustrated because county officers use their reports to extort money from schools, while unions send threats to the same officers.

A time has come for people to know that education in Kenya is about children, not teachers, Janet said, adding that the cartels’ game is over.

On whether the quality assurance and standards department should be on the forefront in supervising schools, Janet said integrity among quality officers is the problem.

“The department needs to be independent. As we speak, it has no independence, so that it comes to live like in the past,” she said.

Kenya Primary Schools Headteachers’ Association chairman Shem Ndolo says there is nothing wrong with the minister visiting schools.

Besides the random tours, the CS might have visited schools that have been named adversely in the Ethics and Anti-Corruption Commission reports, he said.

Ndolo adds: “Most of the times he has toured the schools, he was accompanied by the ministry and TSC education officers. He does not work alone.”

Matiang’i is legally obliged to establish a quality assurance office for school inspection.

Section 64 of The Basic Education Act, 2013 provides for the establishment of the ESQAC to ensure quality and standards in education institutions at the basic level.

The council is semi-autonomous and is supposed to take over the functions of the Directorate of Quality Assurance and Standards.

The council was launched in November 4, 2014, with 13 council members.

The Public Service Commission and the State Corporation Advisory Committee have been working on a scheme of service for the more than 2,500 staff for the council.

Before 1997, there used to be a Directorate of School Inspectorate, which is today known as Quality Assurance and Standards.

The current directorate of quality has a personnel shortage occasioned by the 1997 restructuring programme, which froze the hiring of public servants.

The quality directorate used to have 1,754 quality officers but now has only 590.

For ESQAC to be fully operational, they need to urgently recruit 1,100 officers to inspect primary and secondary schools and teachers’ colleges.

The plan is to make each county have established quality assurance standards offices with an average 22 staff, which could vary, depending on the number of schools.

The council has a proposed budget of Sh4 billion to establish a secretariat office and other infrastructure in counties.

Once fully operational, a primary school would be assessed once a term, secondary school once in two years and teachers’ colleges once a year.

Fifteen new cases of cervical cancer are reported in Nairobi every week, the Health ministry has said. The disease, often caused by the sexually transmitted human papilloma virus, can be prevented by a vaccine for girls. It can be successfully treated when diagnosed early.

Health PS Nicholas Muraguri said the government plans to introduce the vaccine following successful pilot tests in Kitui county in 2013. The vaccine is available in the private sector and costs about Sh7,000 per dose. “... we need to encourage women to go for early detection and screening,” Muraguri said.

Cervical cancer is the second-most frequent cancer among Kenyan women and the leading cause of death among women of reproductive age. The estimated number of cervical cancer cases annually is nearly 3,000, while the death toll is about 1,600. By 2025, the number of new cervical cancer cases annually will reach 4,200, according to the Kenya Cancer Registry.

However, Kenya lacks proper financing. The 2012-15 cancer control programme quietly expired last year with little reaction. No specific vote was made for cancer control in the Health ministry’s Sh60 billion budget last week. Speaking during a cervical cancer forum in Nairobi, Muraguri said another strategy will be launched next month and will focus on screening and early detection.

“Cancer is becoming the new threat to our survival. The number of new cases and deaths is almost equal; it’s like everyone who gets cancer dies. Given the disease patterns that we are now seeing, you’re likely to die of cancer or any other non-communicable disease,” the PS said. Muraguri said the disease will be given high priority as are HIV, malaria, TB and maternal health.

“Screening for cancer is part of the NHIF package but people are not making use of these opportunities. Many cases of cancer are presented late, which raises treatment costs,” he said.

A police officer told the vetting panel on Tuesday that he is also a "blessed musician" when asked to account for Sh100,000 earned a year ago.

Constable John Ngugi from the Kisumu traffic base thrilled the panel with the revelation that he is a secular musician who has produced many songs.

Ngugi told the team led by National Police Service Commission chairman Johnson Kavuludi that he posts the songs online.

He entertained the commissioners after Kavuludi asked him to sing. He broke into a song about marriage vows to the amusement of all the commissioners.

Ngugi said he earns up to Sh100,000 through royalties.

But commissioner Mary Owour put him to task when she asked him to explain how, considering musicians's outcry over payment of royalties.

Ngugi said he earns the royalties through the Music Copyright Society of Kenya. He added that he makes between Sh30,000 and Sh50,000 by performing in the many shows he is invited to.

He added: “I used to make a lot of money during my time in Nairobi. I have not been lucky enough in Kisumu since most of my songs are sang in my local Kikuyu language."

The constable said he used to join other artistes for performances in Nairobi's night clubs.

Asked why he has not joined the police band, Ngugi acknowledged being a good singer but said the procedure for joining the band is cumbersome.

He said he is also a tea farmer who received Sh200,000 in bonuses for the two years he has sold his tea.

Read: 'Mpango wa Kando', poor English emerge in ongoing Mombasa police vetting

Also read: 302 cops sacked for refusing vetting - Kavuludi

More than 200 live rats will be used by a civil society group next week during protests in Nyeri town.

Operation Ondoa Panya activists will carry the rats in what they call a peaceful demonstration. They are protesting the proposal by the county assembly to build a Sh75 million health club. They will be joined by residents from town to the Ruring’u county assembly offices.

Speaking in Nyeri town on Monday, organising coordinator John Wamagata said it is wrong for the MCAs to build such a luxury club when the county needs better infrastructure.

“We shall bring 200 rats and take them round the town. The passion for a sauna club is the only thing the MCAs learnt during their regular trips abroad,” Wamagata said. He said they will also oppose plans to impeach Governor Nderitu Gachagua for leading the residents in opposing construction of the health club.

“The money should be sent to local youth saccos, who can borrow it and start jobs. This will reduce unemployment and help many pople, not just a few individuals,” Wamagata said.

He urged the MCAs to initiate water projects in each ward to ensure all residents can have a decent bath, instead of elite health clubs. The club proposal has been met with stiff opposition by Nyeri leaders, led by the governor. Gachagua told the MCAs to “swim in the rivers in their wards and be massaged by their wives”. The Nyeri County Assembly Health Club will have gymnasium equipment, a steam bath, massage parlour, swimming pool and sauna.

Gachagua on Wednesday vowed to stop the Sh75 million MCAs’ health club project, terming it a “misuse of public funds”.

“I have contacted the controller of budget that this will not happen in Nyeri. The tenders should be cancelled and money returned to the county treasury,” Gachagua said.

“We shall not allow a health club with swimming pool. If MCAs want to swim, each ward has a river or dam for swimming.”

Some MCAs also opposed the health club project. Six MCAs, out of the 46, urged the county assembly to shelve the idea to give other projects priority. Gachagua’s announcement comes a week after he halted local road projects, alleging that some MCAs had an interest in the contracts.

The governor also halted Sh90 million ward projects, citing lack of public participation before the county assembly passed the budget.

National Assembly Deputy Speaker Joyce Laboso has accused her rivals in the Bomet governor race of using “dirty and outdated” tactics by saying she is unqualified as she is married to an outsider.

She said they want to eliminate her from the race in Kalenjin land by arguing her loyalty is devided because she is married to a Luo.

Laboso said it is unfortunate that some of her male rivals have resorted to “cheap” issues such as her marriage in their campaigns. She said it is only the manifesto, track record and one’s ability to persuade the electorate that will determine who wins.

“The issue of you being a woman is totally baseless in this case, it is about one’s capability to deliver on their mandate. That is our baseline. If as a leader you have failed, it is upon the electorate to gauge that,” Laboso said. She urged residents to assess her scorecard, saying for the two terms she has been Sotik MP, she has ensured equitable distribution of resources and managed CDF prudently.

“Everyone in the race should present their scorecards for the people to judge. The marriage issue cannot determine your suitability to lead because many elected women have proven they are a force to reckon with. Each of us should sell their manifesto without mudslinging over petty issues,” Laboso said.

Speaking at the Lorna Laboso Memorial School in Sotik during the eighth memorial service for her sister, Laboso said she is ready to take over from Bomet Governor Isaac Rutto next year. She said she is undeterred.Runyenjes MP Cecily Mbarire, who is eyeing the Embu governor’s seat, said women can even do better than.

She urged Kenyans to trust women and elect more to big positions. Nominated Senator Beatrice Elachi and Nairobi woman representative Rachel Shebesh said Laboso and Mbarire can deliver and transform their regions.

A police officer was lynched on Wednesday after he and a colleague attacked and robbed a woman of the Sh490,000 she was taking to an M-Pesa shop.

Police said the two were escaping from the scene of the robbery in Kibera slum, Nairobi, when they were cornered and the alarm raised.

They said the dead officer's accomplice was rescued from the lynch mob by other officers who were on patrol.

It is expected that he will be arraigned in court to face charges of robbery with violence.

Police said the mob shared the money that was stolen.

Nairobi Governor Evans Kidero and Mike Sonko fought on Wednesday after the Senator accused him of being a murderer.

They exchanged blows at a Senate Public Accounts Committee session where Kidero was being quizzed over the county's financial spending for the 2013/14 financial year.

Trouble started when Sonko made a presentation on land rates in Nairobi, which he said were illegal. He appeared as a friend of the committee to table documents on the rates.

Nyamira Senator Kennedy Mong'are interjected terming Sonko's presentation "extraneous" and said they were not backed by evidence.

He said: "Sonko, you cannot intimidate anyone here. The issues are extraneous and can be prosecuted elsewhere, not in this venue."

Sonko angrily replied asking the Senator to take the "nonsense" to his county.

The two then engaged in an exchange during which Sonko banged the table and accosted Mong'are, saying he had "seen" the Governor.

Sonko claimed a woman in Nairobi was ejected from her Sh2 million property and "murdered by Kidero and his Chief of Staff George Wainaina".

He tabled a form which he said showed how the property's ownership was transferred but the committee questioned its admissibility.

The Senator then shouted at Kidero saying: "He is a murderer and I cannot withdraw that. I have video clips to prove that and I have no apologies to make."

Sonko said he blocked a punch from Kidero. The Governor walked out saying he would return to answer the audit queries in a conducive environment.

The session was adjourned until further notice.

The Judicial Service Commission has protested over the refusal of the Government Printer to gazette the vacancy of Deputy Chief Justice Kalpana Rawal.

On Tuesday evening the Supreme Court effectively retired Rawal and Judge Philip Tunoi home when three three out of its five members declined to hear their petition against being forced to retire at 70 years of age.

The blockage yesterday at the Government Printer has raised fears that some quarters want Rawal to continue as Acting Chief Justice following Willy Mutunga's retirement today as Chief Justice. Allegedly those quarters believe that Rawal could smooth the process of transition following Mutunga's retirement.

In the Moi era the Government Printer often used to refuse or delay to print gazette notices that the government did not like.

Yesterday the JSC through its lawyer Issa Mansur wrote a letter, seen by the Star, demanding an explanation why the office of the Government Printer failed to publish a notice declaring vacant the positions of Rawal and Tunoi on the Supreme Court.

Junior officials at the Government Printer reportedly refused to publish the gazette notice saying they needed direct approval from the Director Sylvester Migwi. The judiciary then attempted to reach the Director but he did not answer his calls.

"On 15 June 2016 the Chief Registrar acting on behalf of the Chief Registrar forwarded duly signed notices to be published in the Special Edition of the Kenya Gazette declaring the offices of the Chief Justice, Deputy Chief Justice and that of a judge of the Supreme Court vacant," wrote Mansur.

"Despite the urgency and the public interest involved, you have since delayed, frustrated and unlawfully refused to publish the notices in a Special Edition of the Kenya Gazette," the letter states.

"It is manifestly clear that you are working at the behest of and on instruction of people who are determined to subvert the Constitution and frustrate the inevitable transition in the Supreme Court," Mansur declares before demanding immediate gazettement of the notice.

Earlier yesterday the JSC sent a retirement letter to Rawal and Tunoi and resolved to advertise for their jobs.

The JSC had prepared a gazette notice declaring both the post of DCJ and Supreme Court judge vacant and says those interested should submit their applications not later than July 7 on the Judiciary website.

The draft advert seen by the Star says that candidates applying for the position of DCJ must hold a law degree from a recognized university or should be an advocate of the High Court with at least 15 years experience. The applicants should have high moral character, professional competence, and commitment to public and service.

The applicants have been asked to file an online application with a detailed CV including background information such as community service, financial discipline, and involvement in political activity including financial contributions to political parties. They are expected to make a declaration of wealth and of any criminal record.

On Tuesday evening Chief Justice Willy Mutunga, Judge Mohammed Ibrahim and Judge Smokin Wanjala held that they could not hear the Rawal retirement case due to the vested interests of members of the Supreme Court. However Judge Njoki Ndungu and Judge Jackton Ojwang dissented and wanted to hear the case to its conclusion.

Njoki and Ojwang upheld the order on 27 May by Njoki suspending the retirement of Rawal and rejected the decision by Mutunga to move forward the hearing date of from 24 June. Njoki declared that the independence of judges should be guarded jealously against any interference.

However the other three judges held that Mutunga acted in good faith moving the case forward as there would have been no quorum after 16 June when Mutunga retires.

Wanjala argued that the CJ is vested with both administrative and judicial powers so he rightfully constituted a bench.

"Why would a litigant who moved to court under certificate of urgency be aggrieved if his or her case is heard quickly?", he asked.

If the CJ had not intervened, the Supreme Court would have been subjected to ridicule.

"This story is the stuff that makes for Hollywood movies. Was the CJ expected to sit pretty and watch the drama unfold," he said.

Mutunga said he did not take the file from Njoki with a view of giving it to a specific judge but to place it before a bench.

He condemned as "monarchical" Njoki's decision to hear ex parte Rawal's application for a suspension of the Appeal Court ruling that she should retire.

Ibrahim said the Supreme Court must be seen to be impartial.

There was no VIP treatment, no beds, soft pillows or full-course meals — just ugali and cabbage — for eight prominent politicians locked in police cells for alleged hate speech.

The floor was hard, some made due with shoes for pillows. There was dirt and mosquitoes. The toilet was termed stinking and “dehumanising’.

These VIPs used to the good life got a taste of reality, what thousands of ordinary Kenyans experience every day. The seven MPs and one senator were remanded on Tuesday night for four days, as police investigate allegations of incitement. Bail was denied yesterday. It was feared they might interfere with witnesses.

The men got a rude shock at the Pangani police station where they were denied visits by spouses and family and served common fare for lunch and supper. Two women reps were locked up at Muthaiga police station.

Barely an hour after entering Pangani, the politicians started making frantic calls to senior officers, pleading to be relocated to Kileleshwa cells, which they deemed better suited to their status. They publicly complained.

“We allowed them to call whomever they wanted and returned them to the cells. They made many calls to friends, relatives and even senior police officers,” said an officer, who asked not to be named.

Settling in

At around 11 pm Tuesday, it became evident they were unlikely to leave and eventually retired to sleep on the hard floor. Some of them used a shoe as a pillow, as reality sank in.

By yesterday morning, the suspects appeared to have gotten used to their new digs. MPs Moses Kuria and Ferdinand Waititu had removed both shoes, while MP Junet Mohamed and Muthama decided to keep one on.

Police demand that all suspects remove one shoe before entering the cells. At around 8am, Waititu was the only VIP still asleep by the time senior officers came for a routine check and headcount.

When Muthama spotted the senior officers, he quickly informed them Waititu was sick and needed medical attention. The legislators complained they were being held without reason as they were yet to plead to charges in court.

Muthama is said to have complained the station lacked clean drinking water and said the toilets were stinking and “dehumanising”. He asked the station commander to provide them with the daily papers.

They only got food from the police canteen. The menu is bread and tea for breakfast, cabbage and ugali for lunch and supper.

By yesterday noon, none of the politicians camped outside the Pangani station had been allowed to see the suspects. The same applied to women suspects at Muthaiga.

On a typical day, all the high-flying suspects would might be anticipating a sumptuous meal at a five-star hotel, washed down with wine and expensive spirits. Today they’re dispirited.

He entered office with 88 per cent public approval ratings and worked hard to speed up and improve delivery of justice. While many appreciate his impact, mixed feelings persist on his role in the 2013 presidential petition ruling and leadership of the Supreme Court.

Reforms, reforms and more reforms. That is what outgoing Chief Justice Willy Mutunga will be remembered for. Lawyers, civil society organisations and judges agree that the initiatives the CJ put forth are unmatched, as they helped reduce an estimated one million cases in 2011 to 400,000 now. However, questions linger over some of his decisions, especially on Cord's March 30, 2013 presidential poll petition, which the Supreme Court unanimously dismissed.

Advocate Tom Ojienda says Mutua's reforms have helped the judiciary receive more funding. “Confidence in the judiciary had been eroded over the years, but during Mutunga's tenure, that goodwill was restored,” he said.

Ojienda adds that Mutunga's initiatives enhanced access to justice. Lawyer Titus Koceyo agrees, saying apart from more judges and better infrastructure, cases filed are concluded faster than before.

Read: Who is Willy Mutunga?

Since he took up the job after competitive interview in 2011, Mutunga and the Judicial Service Commission have increased the number of judges from 53 to 143. The CJ has also decentralised the Court of Appeal to Kisumu, Nyeri and Malindi.

Before Mutunga took over, Court of Appeal judges would gobble up to Sh100 million every year in what were termed judges circuits. In the plan, the judges would visit Nyeri, Eldoret, Nakuru, Kisumu and Mombasa for one week and hear cases before moving to the next town.

New court stations have been established countrywide, bringing justice closer to the people. The CJ has established 17 new High Court stations, four new magistrates courts in Engineer, Githongo, Kakuma and Mbita. A fifth one was opened last week at the Jomo Kenyatta International Airport.

Mutunga said in a recent report that an analysis of the 14 cases in the Commercial Division revealed that cases take an average of 4.9 years to determine.

Koceyo says it is now possible to file a case and get a decision within a year. Cases could drag up to seven years before, he said. The lawyer also admires Mutunga's transparency. He says the CJ has been transparent in his operations, thereby demystifying the judiciary. His predecessors were too closed-up to the people and no one knew what was going on in the judiciary.

Lawyer Suyianka Lempaa is impressed with Mutunga's simplicity. While most judges carried themselves with so much power, he says Mutunga always presented himself as a humble man. The CJ did away with titles such as Your Lordship but, as they say, old habits die hard, some resisted it and still use the title. His goodness, Lempaa adds, was also his undoing, because some people took advantage of it.

According to Lempaa, the CJ was also let down by conservative judges in his quest to transform the judiciary. “The CJ is a down-to-earth man. He has really tried but the system kept pulling him down,” he said.

The lawyer praised the recruitment of more judicial officers but said the effect is yet to trickle down. “The appointment of more judges is a positive thing. However, this has not helped speed up cases. It is frustrating to litigants,” he said.

To constitutional lawyer Kibe Mungai, Mutunga strikes him as a principled person. “He defended what he believed in whole-heartedly,” he said. Kibe remembers that Mutunga was ready to reject the CJ's position than do away with his ear-stud. “It takes a principled person to do so, whether right or wrong,” he said.

The advocate further says that the fact that Mutunga opted to retire one year earlier proves that he is a person of strong character. “The reason he gave — to allow his successor be appointed early enough as Kenyans head to the general election — is something commendable,” he said.

He says Mutunga's decision to quit early while some fight to remain in office is something that should be emulated. “It is not everyday that a Kenyan does that,” Mungai said.

Although the presidential election petition filed by Cord made the Supreme Court unpopular, the move by the CJ to defend it and open it up for scholars to dissect and critique it is something commendable, according to Kibe.

Ndung'u Wainaina considers the opening up of court stations and widening of access to justice a milestone. “Apart from infrastructure, the CJ ensured there is enough personnel to dispense justice,” he said.

Wainaina, of International Centre for Policy and Conflict, says Mutunga defended the independence of the judiciary with zeal. Gone are the days when the executive or Parliament would manipulate the judiciary, he said.

Wainaina says under Mutunga's tenure, the judiciary has its own budget of about Sh16 billion and also got donor funding. He commends the CJ for allowing judges to exercise their powers without interference.

Mutunga should be commended for strengthening the Judicial Training Institute to ensure judges get adequate training and a clear career progression, Wainaina says. And on demystifying the courts, he says the court users' committees, judicial marches and judicial service weeks have helped break down the barriers and allow ordinary Kenyans to mix with judges.

On the flip side, Wainaina says Mutunga let Kenyans down on the presidential petition. Mutunga “will one day be required to explain to Kenyans what really happened”, he said.

James Mwamu, the President of East Africa Law Society, is pleased with Mutunga's transparency and courts expansion. He says the CJ has defended judges and ensured that other arms of government do not push their way through the legal system.

But perhaps Mutunga's undoing is how he has managed the “circus" at the Supreme Court. “Administratively, Mutunga has not been good. He was not the best manager, compared to, for example (former CJ Bernard) Chunga," Mwamu said. He says Mutunga should have anticipated the crisis and managed it early enough. The tussle, he says, has been simmering for more than two years.

When he took over the reigns, the CJ promised to increase the number of judicial officers, train staff, professionalise the administrative cadre, expand court infrastructure, improve and reduce the caseload and reach out to other agencies to ensure speedy delivery of justice.

“The judiciary has been given a great opportunity by Kenyans to rebuild their confidence in the institution. It is an opportunity that the judiciary does not take for granted. The judiciary shall deliver justice and, from now henceforth, we will be missionaries of justice for all Kenyans,” the CJ said when the Supreme Court received the presidential petition filed by Cord leader Raila Odinga in 2013.

On the CJ's failures, Ojienda said under Mutunga's tenure, judges and magistrates placed more emphasis on seminars and forgot their core duty. “As much as the trainings are important, they should be structured in a manner that does not interfere with judicial officers' work,” he said. Mwamu agrees, suggesting that the trainings should be timed with judges' vacation.

Cord leader Raila Odinga has warned of "consequences" if politicians arrested over incitement remarks are not released in 24 hours.

The politicians include Machakos Senator Johnson Muthama and woman representatives Florence Mutua (Busia) and Aisha Jumwa (Kilifi).

The others are MPs Moses Kuria (Gatundu South), Ferdinand Waititu (Kabete), Kimani Ngunjiri (Bahati), Timothy Bosire (Kitutu Masaba) and Junet Mohamed (Suna East)

Raila said on Thursday that they are being held without charged and that this "basically amounts to detention without trial".

He asked the government to desist from the "authoritarianism".

"These members must be released without charge in the next 24 hrs. If it does not happen there will be consequences," said the opposition chief.

Raila spoke at Pangani police station where six of the politicians are being held. He was with Wiper leader Kalonzo Musyoka and Bungoma Senator Moses Wetang'ula.

After an address to the media, they left for Muthaiga police station where Mutua and Jumwa are being held.

Kalonzo said they had been at the station for three hours but were not allowed to see the politicians.

He said it is "gross abuse" of human rights to detain politicians without giving them food. 

"We want to remind those concerned, and we know them, that the constitution is very strong on the bill of rights," he said.

He added: "We are not making any distinction. All of them including Jubilee politicians must be released."

Read: It’s cabbage and ugali as police cell reality sinks in for 8 MPs used to lavish lifestyles

The Cord co-principals said they will issue a statement from Capitol Hill in an hour, on the way forward.

Police in full riot gear earlier cordoned off the area and guarded the detention area to keep the leaders from visiting those being held.

Chief magistrate Daniel Ogembo upheld an application by the prosecution for the suspects to be held saying the case is of great public interest.

Read: Kuria, Waititu, Junet, Muthama sleep in cells

The Jubilee coalition is blocking Cord leaders Raila Odinga and Kalonzo Musyoka from talks on the IEBC.

Though some differences have been narrowed, Cord has demanded the final agreement on IEBC reforms be endorsed by the principals.

The opposition wants President Uhuru Kenyatta, Deputy President William Ruto, Raila and Kalonzo to endorse the deal before it goes to Parliament.

However, Jubilee insists the final endorsement should be made by the leaders of the majority and minority — which Cord rejects.

The Jubilee position is that reform "must follow due process and that Parliamentary Standing Orders guide the negotiations."

Uhuru and Ruto have insisted no discussions of reforming the IEBC or removing its members should be held outside Parliament.

Cord insists negotiations can and must be done and endorsed by the principals from both sides before Parliament adopts the report or Bill.

Jubilee has agreed, however, to reduce the number of MPs to the joint select committee from 11 to seven..

Jubilee has also agreed to drop Gatundu MP Moses Kuria from its team if Cord agrees to drop Machakos Senator Johnstone Muthama. Both are in remand, suspected of hate speech.

Cord describes Kuria as a 'hardliner and polarising figure' who should not be on the team.

Jubilee calls Muthama a 'hardliner and divisive".

Also Read: The anti-IEBC demonstrations are a sideshow

Cord has agreed to Jubilee's position the proposed committee should only handle matters related to the IEBC — not sweeping electoral and other reforms.

"It is also agreed the Select Committee will ensure minimum electoral reforms are in place to ensure the 2017 elections are credible, free and fair," a source familiar with the discussions said.

The two sides have agreed the committee will come up with a method to ensure Kenyans who are at least 18 get IDs as soon as possible and register to vote.

Jubilee dismissed demands by Cord that the committee's scope extend beyond the IEBC, comparing this to reintroducing the failed Okoa Kenya referendum bid through the back door.

Cord called off protests scheduled for yesterday, citing the progress in the negotiations preceding set-up of the committee.

It said it wanted a final agreement on terms by Sunday, otherwise protests will continue on Monday.

"We reiterate once more that as Cord, we hold no cards under the table and our commitment and objective is limited to resolving the IEBC crisis and ensuring he people of Kenya can have, as their right, free, fair, transparent, credible, verifiable, peaceful and accountable elections in 2017 and beyond," Tongaren MP Eseli Simiyu said on behalf of the coalition.

He conceded that Cord had seen "political will and rays of good faith" exhibited by all parties and an enabling environment created, despite outstanding issues.

But ongoing talks between Jubilee and Cord face opposition from small political parties that demand 'an all-inclusive and structured dialogue'.

Speaking yesterday in Nairobi, the Political Parties Liaison Committee said though Cord and Jubilee have the biggest numbers in Parliament, they do not have an exclusive constitutional mandate or monopoly on opinions about electoral infrastructure.

Committee secretary Petronila Were said the panel opposes "evil machinations" of some selfish power brokers to hijack the planned national dialogue.

"By conniving with affiliate cohorts to hijack the electoral reform process, the two coalitions lack any sense of political justice and fair play," Were said.

She said her committee fully supports disbandment, reconstitution and restructuring of the IEBC to make it a credible.

"However, this is not enough. We support dialogue on wider issues of electoral reforms in a structured, all-inclusive manner through multilateral representation, Were said.

Dialogue on reforms should not be restricted to parliamentarians, she said.

Parliament has become a contested arena for Cord and Jubilee. Entrusting crucial electoral reforms to such a contaminated Cord-Jubilee Parliament is to abort the dialogue altogether r, she said.

She said smaller parties further oppose attempt by Cord and Jubilee to use the IEBC stalemate as a ploy to postpone the 2017 elections.

"We want all Kenyans to know the challenges threatening to destroy the country are purely the consequences of reckless, divisive politics of the two coalitions," Were said.