Wednesday, April 30, 2008

Deal reached over storage charge refunds

Cargo at the port. Kifwa and KPA have reached a compromise over the procedure of reimbursing transit port storage charges that accrued due to last year’s post election violence.

April 30, 2008: Kenya International Freight and Warehousing Association (Kifwa) and the Kenya Ports Authority (KPA) have reached a compromise over the procedure of reimbursing transit port storage charges that accrued due to last year’s post election violence.

Now KPA says that an agent can apply for a waiver and reimbursement then notify the cargo owner later as opposed to its earlier stand that the owner must be notified first. A misunderstanding had existed between the two bodies over the mode KPA had taken in refunding the importers, with Kifwa accusing KPA for usurping its role. Kifwa had taken exception to KPA’s stand that application of refund of port storage charges paid by importers between January 4 and 31 this year should be made by individual importers, while Kifwa wanted KPA to give its members the refund. The parastatal had further stood on the ground that request or waiver of port storage on consignments that were ready for delivery in all aspects between the same period but were still in the port were only to be considered on individual merit. “KPA should understand that we are the bridge between them and the importers.

We are the ones who go to them to lodge documents and we sometimes use our own money to clear these cargoes before the importers pay us. When they insist that the importer should be the one to apply for the waiver or refund they are usurping our role.

Let KPA give us the refund and accept waiver application for such cargoes from us and whatever happens between us and the importer is not their concern,” stated Kifwa Mombasa chairman Peter Otieno.Kifwa have also been complaining over the snail pace at which KPA was conducting the reimbursements saying it was taking too long.

The waiver was a directive by the minister for Transport, Chirau Ali Mwakwere, during his visit to countries which uses the port of Mombasa in January in a bide to assure them that everything had returned to its normalcy in the country and that they could continue to conduct their business with the port of Mombasa. The importers from the landlocked nation had complained over accrued port charges for transit cargo saying that the country’s post election mayhem was to blame, and that it was wrong to penalise the importers. The importers had argued that they were not able to pick up their consignments for fear of insecurity on the Kenyan roads. The Government agreed to waive the accrued port storage charges and KPA insisted that it would only refund the importer directly and not through the clearing agents.

And last week during the KPA’s stakeholders meeting, the parastatal financial controller accepted the request by Kifwa that its members could apply and receive the refund or be granted the waiver on behalf of the importer. “I agree with your (Kifwa) request that you can submit the application on behalf of the importer. But we would still send a copy to the importer over the refund,” ruled the financial controller, Mr Alex Kazonga. The parastatal last week had raised a concern that some unscrupulous clearing agents could pocket the refund hence the whole intention of impressing the importers would not be achieved. “I don’t want to start spilling beans here but you and I know that not all clearing agents are straightforward. There are some who would not even inform their clients that we (KPA) have reimbursed them,” said Mr Kazonga.

Last week KPA had revealed that it had already spent over Sh60 million in the whole exercise and that the figures were projected to rise to Sh100 million. But KPA assures the importers affected that the directive of the minister would be followed to the letter and urged them to move with speed and apply for the same.
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Source: BUSINESS DAILY
Written by Ben Sanga

Saturday, April 26, 2008

The Mijikenda’s closely guarded ‘kayas’






Transport minister Amb. Chirau Mwakwere was last month blessed by Kaya elders at Kaya Kinondo.

A visit to the sacred forests (kayas) of the Mijikenda people reveals a bundle of secrets and taboos, closely kept for ages by grey haired elders, writes Patrick Bbeja
From the outside, it is a forest like any other.

The chirping of birds and screaming of monkeys welcome visitors as they approach the forest. Nature is at peace with itself. But a visit to the sacred forests (kayas) reveals a bundle of secrets and taboos, closely kept for ages.Grey-haired elders strictly enforce the kaya rules. For instance, the non-Mijikenda are barred from visiting kaya shrines.

While they are free to visit the other sections of the kaya, the shrine is out of bounds. Even for the Mijikenda, there are rules to be observed. All visitors must remove their shoes before entering the forests.
Visitors are notified at the entrance, by National Museums of Kenya (NMK) notices, that the forests are restricted sites.

The notices are hung at the entrance of all the 40 kayas, which NMK has gazetted as monuments under the Heritage Act.
Each of the nine Mijikenda ethnic groups has its primary kaya while other secondary kayas dot the community’s homeland of lower Coast. Kaya means home.
In the primary kayas, the rules are strictly followed. Those who violate them pay a fine or risk a curse.

Rules regarding visits to kayas differ among the Giriama, Digo, Duruma, Rabai, Kauma, Chonyi, Ribe, Kambe and Jibani — the nine Mijikenda tribes.
Mzee Ali Abdalla Mnyenze, the custodian of Kaya Kinondo, the Digo’s main shrine, says one must be married — for at least six months — to be allowed to participate in kaya prayers. The person must be a Digo.

While offering special prayers, usually twice a year, or performing certain ceremonies, only Mijikendas are allowed to reach the shrine where the fingo (a protective charm) and graves of ancestors are located.
Mnyenze, founder chairman of Coast Kaya Committees, says everyone going to the centre of the kaya must remove shoes and put on a shuka. The person must speak the local language.
Metallic or plastic objects are not allowed in the shrine.
Taking of pictures is also prohibited.
The main prayers held in the shrines are usually for rain and good harvest. Others are for warding off sickness and calamities or for blessings of the land.


For such prayers a black bull, a black he-goat and a black hen are slaughtered.
Food is served in traditional utensils— such as calabash, pottery ware and baskets.
Custard oil and palm wine is used while appeasing gods.
"We don’t allow beer, soda, shoes or perfumes inside the kayas," says Mnyenze.
Among the Digo, where the kaya culture has been kept alive, white people are allowed in some parts but a black hen is slaughtered to cleanse the forest after they leave.
The centre of Kaya Kinondo has a grass-thatched hut that houses the grave of its founder, Mwakalia Ngwena.
Inside the hut lies a fingo believed to contain potent medicine that protects the kaya from enemies.
There is also a memorial plague (Kigango) for the founder and several other graves of his descendants.
"There is no conflict between the kaya culture and other religions. We direct our prayers to God but also seek the blessings of our ancestors," says Mnyenze. Prayers in the kaya are said in vernacular. The opening words are "Kambi similani…" (Brothers and sisters can you listen).
The prayers are usually led by an elder and attended by a crowd to ensure all understand what is being said.
"This is to avoid anybody saying anything ill against the other or making empty pledges during prayers. This way, we make a follow up and remind those who make pledges— such as slaughtering animals— to fulfil them or risk a curse," Mnyenze says.
Politicians at the Coast have quietly or publicly sought prayers at the kayas. Some have acted as kaya elders, giving the culture a new meaning and also kicking off controversy.
Former Cabinet minister Karisa Maitha was publicly installed as a kaya elder at Kaya Fungo in Kilifi, the largest of these cultural sites of the Mijikenda community.
His "anointment" raised his status in the community.
Former Kaya Fungo custodian, Mzee Simba Wanje, shot to instant fame as Coast politicians sought his blessings.
Mvita MP, Mr Najib Balala, was dressed as a kaya elder by the outspoken Rabai Kaya elder, Pekeshe Ndeje aka Simba Wanje, outside a kaya forest.
But this sparked a controversy as other kaya elders insisted that only individuals from the Mijikenda community can be made kaya elders.
Last month, Transport minister, Mr Chirau Ali Mwakwere, was invited for blessings at Kaya Kinondo.
A group of Kaya elders from various districts flocked the Kaya, slaughtered a black bull and prayed for him to be elevated to the post of deputy prime minister. The chairman of the Mijikenda Community Council of Elders Association, Mr Charo Menza Tuva, confirmed the ceremony. Mnyenze says similar prayers were conducted for Mr Kassim Mwamzandi before he was elected MP in 1963.
When a Kaya elder dies, he is replaced with a relative — who must be a married man of sound mind. For instance, Mr Said Mwarandani took over from his elder brother Omar Kuchi Mwarandani.
The Digo stopped burying people in kayas a long time ago. Many elders prefer being laid to rest in their own farms.

Mnyenze says his grandfather, Mwinyikai Mwawandinda, was the last person to be buried at Kaya Kinondo in 1942.
It is taboo to cut down trees in the kayas. Elders warn that a house built with a tree from the kayas is likely to be struck by lightning. Firewood from the kaya forest must be used only during ceremonies inside the sacred site.
Individuals found cutting down trees in the kayas are fined a goat or a cow to be used in cleansing the shrine.
Among the Duruma, youths are restricted from important kaya functions because they are still sexually active. Sex is discouraged among those who offer sacrifices in the shrines.
At a ceremony to install a new chairman at Kaya Gandini six years ago, vetting for those to attend the rituals at the centre of the shrine was conducted to bar those who had had sex the previous night.

A white researcher and a foreign journalist were barred at the kaya entrance. The botanist had trouble with the local elders when he ventured in the kayas to conduct research.
The kaya traditions are closely guarded among the Giriama and Rabai that elders at times sleep in the sacred forests.
Mzee Wanje had a hut inside Kaya Fungo, the largest forest and most restricted. Each visitor has to throw a twig at a certain point to enable the elders determine the number of people who have paid homage.
The strict rules in the kayas have come in focus as NMK introduces an ecotourism project in the cultural sites.

Kaya Kinondo elders, led by Mnyenze, have set up a nature trail project with less resistance.
Mr Philip Jimbi Katana, acting chief curator and head of Coastal Heritage Sites, says elders at Kaya Rabai and Kaya Kauma have resisted the idea of allowing tourists in the sacred forests.
Katana says Coast Province hosts more than 800 kayas, including those in Taita District.
He says kayas have attracted foreign tourists because of their cultural values and environmental conservation initiatives and could earn huge incomes for the communities some of whom have accepted beekeeping projects in the kayas.
"We are training tour guides and elders on how to manage the ecotourism and other income generating projects," Katana says.
He explains that the Government gazetted kaya forests since they are rich in biodiversity and medical plants.

NMK has embarked on efforts to have kayas declared world heritage sites by Unesco. He says NMK, through its Coastal Forest Conservation Unit in Kilifi, is vetting the kayas and the final proposal will then be forwarded to Unesco’s World Heritage Centre in France next year.
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Published on April 26, 2008, 12:00 am
http://www.eastandard.net/specialreports/?id=1143985504&cid=259

Friday, April 25, 2008

Date set for Mwakwere poll petition

NEWS
Story by EUNICE MACHUHI Publication Date: 4/25/2008

The High Court in Mombasa has directed that an application for scrutiny and recount of the electoral documents of Matuga constituency be heard on Wednesday next week.
The application was filed by Mr Ayub Juma Mwakesi, who is challenging the election of Transport minister Chirau Mwakwere.

It was filed through his lawyer, Mr Mohammed Balala, two days after High Court judge Joseph Sergon dismissed another application by the minister seeking to have the petition filed against him struck out.

Null and void

The petitioner claims the election process was marred by irregularities and, therefore, wants the election of the MP declared null and void.
He cited Kombani polling station, where he alleged that the returning officer declined to include two boxes from the station, where the MP’s rival Hassan Mwanyoha was leading.
He also said there was intimidation and bribery by the MP’s agents during the exercise.
Mr Mwakwere claimed he was not personally served as is required by the law.
Through lawyer Gikandi Ngibuini, he had argued that the process servers had not demonstrated that they had diligently tried to serve the petition upon him.

Wednesday, April 23, 2008

KPA doles out Sh60m in port charge refund

April 23, 2008: The economic implication of the post-election chaos is still biting the Kenya Ports Authority (KPA). It is now emerging that the parastatal was till refunding accrued port storage charges paid by importers during the first two months of the mayhem.

Pursuant to a decree by the transport minister Chirau Ali Mwakwere during his visit to Uganda, KPA is reimbursing port charges for transit cargo that was not able to get out of the port following the chaos between December and January. And the KPA management has now raised concerns that the reimbursement could hit the Sh100 million mark, saying that by last week the figure stood at Sh60 million. Kenya International Freight and Warehousing Association (KIFWA)however, have been complaining over the snail pace at which KPA was conducting the reimbursements saying it was taking too long.

“What we are not in agreement with some KIFWA members is that, before we do the refunding we must notify the owner of the cargo and inform him over the reimbursement or else this exercise would not benefit the intended party. And as at now we are still receiving claims which I can assure you that we are gong to pay,” stated KPA’s commercial manager, Mr Justus Nyarandi during a stakeholders meeting a KIFWA representative raised issue over the refund stating that some claims lodged by its members were yet to be honoured by KPA.

However, Mr Nyarandi said that the port had laid down procedures that it was following and that includes informing the importer over the refund before a clearing agent is given the cash. Mr Mwakwere had ordered for the refund during his visits to the countries which use the port of Mombasa.

This was a gesture of goodwill by the Government over the inconvenience caused to the business people who conduct transit business via the port of Mombasa.The minister was also put to task over the perceived unnecessary costs of conducting business through the port of Mombasa.Mwakwere was also put on the spot over the number of weighbridges, which the traders wanted to be reduced from four to two.
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BUSINESS DAILY
Written by Joseph Kazungu

KMA gets new directors

April 23, 2008: The Government has appointed new board members to the Kenya Maritime Authority (KMA) even as several issues regarding the running of maritime affairs in the country continue to crop up.According to the Kenya Gazette notice 2192 of March 2008, Transport minister Chirau Ali Mwakwere directed that the changes take effect from January this year.

The new board members are Mr Sylvester Kututa, Mr Joshua Kituri, Mr Ahmed Mraja, Ms Benba Dena, Eng Justus Wambura and Mr Seif Bendera. The minister appointed the six to be board members for the next three years. Those replaced are Mr Meshallom Muthami, Lt-Col (rtd) Harjit Singh Kelley, Captain John Odhach, Captain Matata Nyakeya, Mr Ahmed Hamisi Suleiman and Dr Nyawira Muthika. Mr Kututa whose term has now been renewed for another three years had replaced Capt Odhach a year ago.

The fate of the chairman — whose term also expired in January — Colonel (rtd) Joseph Nguru is yet to be known as the Minister is yet to appoint a new chairman. However, Mr Kututa is widely expected to take over as the chairman. KMA, which is based in Mombasa, has a board of 15 members and five officers in senior management. And as the new board members take up their calling, maritime stakeholders are pushing for far reaching changes in the sector, which include doing away with the directorate of shipping and maritime affairs based in Nairobi.

According to stakeholders who sought anonymity, the office was rendered useless after KMA was established. The Government had established KMA to oversee maritime activities in the country that were under the Kenya Ports Authority (KPA). Its establishment in 2004 was intended to transform the country into a world-class maritime nation. The State also appointed maritime expert Nancy Karigithu, who is internationally recognised for her experience in maritime issues as the director-general of KAM. Prior to her appointment she was a practising maritime lawyer and took part in the formulation of new laws that saw the formation of KMA. However since its inception, the State corporation is yet to deal with teething problems which include the perceived two centres of power —KMA and the directorate of shipping and maritime affairs. Questions have been raised over the existence of the directorate yet KMA is the ultimate maritime decision maker. Shipping analysts have in the past urged the Government to disband the office, saying that its management was not well versed with maritime issues in the country. The smooth running of KMA affairs are further constrained by some legal issues which include the Merchant Shipping Act which shipping players want overhauled.

Experts says that implementation of International Standards in Shipping in the country is constrained by Section 312 of the Merchant Shipping Act 1967, which gives the Minister for Transport general superintendence over all matters relating to Merchant Shipping and Seafarers. Under Section 313, the Minister delegates this under the Act to the Merchant Shipping Superintendent (MSS), now KMA. And now the shipping stakeholder would be eagerly watching the ministry of transport, parliament and the new board of directors whether they would rise to the occasion and deal with these teething problems so that the sector could move forward.
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BUSINESS DAILY
Written by Anunda Nyarango

Monday, April 21, 2008

Port in Sh20bn growth plan

Story by ABDULSAMAD ALI Publication Date: 4/21/2008

Over Sh20 billion will be used to dredge and build the second container terminal to allow bigger vessels to call at the port of Mombasa, Transport minister Chirau Mwakwere has said.

He said Sh16 billion will be used to build and equip the second container terminal while Sh4 billion will go to dredging of the harbour channel and widening of the turning basin.
The construction of the second container terminal is being funded with assistance from Japan while the Government is undertaking the dredging. Both projects are set to be complete by 2011.
Currently, the Mombasa port can only handle mid-sized vessels due to the depth of the channel thereby reducing it to a feeder port.
“Because of the success the port has had in the recent past, its cargo handling capacity is overstretched,” said Mr Mwakwere in a speech read on his behalf by Kenya Ports Authority (KPA) chairman General (Rtd) Joseph Kibwana.
This was during a golf tournament to mark the 30th anniversary of KPA at the Nyali Golf and Country Club over the weekend.

Mombasa port last year handled a total of 15.9 million tones representing a rise of over 1.5 million tones or 10.5 per cent compared to 14.4 million tones handled in 2006.
“This performance was against a backdrop of a very challenging year in which the authority successfully weathered the threat of the vessel delay surcharge (VDS),” he said.
The Port of Dar Es Salaam is already reeling under the punitive VDS by shipping lines due to serious delays in clearance of ships that call at the port. The waiting period for vessels to be
cleared has been on an average of 10 days.

Help ease pressure

The Kenyan port was also threatened with the vessel delay surcharge when ships had to wait for over eight days but this has since changed after the management convinced the shipping lines that there would be a drastic turn around.
KPA managing director, Mr Abdalla Mwaruwa, said the 24-hour seven days a week port operations has helped ease the pressure on the authority.
“This has meant that cargo leave the port on a 24-hour basis which has made it move through the gates rise from a previous average of 400 units (containers) to 950 units a day,” said Mr Mwaruwa.

Wednesday, April 16, 2008

Kenya out to woo the region’s transporters

April 16, 2008: Kenya has been on a diplomatic offensive aimed at persuading transporters from neighbouring countries to revert to using the Mombasa port. Kigali’s and Kampala’s demands are already being effected, with the suspension in the implementation of Kenya Revenue Authority’s new rules requiring transporters to register for a Company Transit License at a fee of Sh100,500 and a transit goods fee of Sh42,000.

KRA has been demanding that transporters place a security bond of Sh10 million for goods in transit and also wants trucks barred from carrying cargo other than for transit. Mombasa port users’ requests that Kenyan authorities reduce the number of weigh bridges from four to two has also been effected, reducing the number of weighing stations from four to just one.

Local and regional transport companies had faulted KRA that it would be uneconomical not to allow trucks licensed to carry transit traffic, to carry Kenyan exports to Uganda and vice versa. According to Eunice Mwanyolo, the chief executive for the Kenya Transporters Association, their members should be licensed as interstate carriers thereby enabling them to transport both types of cargo. She says that this would be in line with COMESA Carrier License Regulations. Ugandan and Rwandan transporters want road blocks reduced. KRA’s customs officials say a requirement that transit cargo be escorted will soon be a thing of the past, when the taxman fully automates its operations to enhance cargo tracking.

The neighbouring countries want Kenya to allow for enforcement of the regulations to eliminate the fourth axle in order to limit damage to road infrastructure as is the case in Uganda that is already enforcing the axle load regulations. Among others, these were a raft of conditions put forward by the users of Mombasa and should be met before Uganda and Rwanda fully revert from using other neighbouring ports.

Concerns over the $450 surcharge that the shipping lines are levying on imports is also being looked into, after the issue was raised by Ugandan transporters’ at a recent meeting in the Ugandan and Rwandese capitals. Kenya’s Transport ministry which recently visited the two countries says it has set up an appropriate committee to advise on further requests that the waiver on storage charges be extended and KPA’s new higher tariff be delayed by a further period of 6 months to allow the business community to recover the losses incurred during the political crisis in Kenya as requested by Uganda.“The issue should be reviewed by the Board and an appropriate recommendation be made to him for action,” Transport minister Chirau Ali Mwakwere says.

The meeting noted that marine Services across Lake Victoria had been interrupted due to the clause in the concession agreement that requires Lloyds certification before the vessels are insured. The meeting was informed that there is already an agreement to amend the concession agreement to allow certification by any other society or Maritime of other countries. Also planned is the rapid execution of the East African Transport and Trade Facilitation Project that would result in the improvement of border post facilities and enhance one-stop border operations.
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BUSINESS DAILY

Revealed: Untold secrets of Kibaki, Raila talks

President Kibaki and Prime Minister Raila Odinga demoted two ministers and sidestepped 10 MPs originally slotted for Cabinet appointments in the deal struck at the Sagana State Lodge, The Standard can now disclose.
Only presidential guards and aides waited from the fringes of the meeting. The selection was a tough game, where President Kibaki or Raila would pick a name and the two would figure out the implications and suitability of the person.

They then chose or dropped names as they tinkered with the complex national mosaic.
The Standard learnt how the fate of Dr Wilfred Machage was sealed during the deal at Sagana — he is from Nyanza, an ODM stronghold, and he became a casualty so as to accommodate more party MPs.
Agreements and sacrifices were made to balance the Cabinet on regional and gender basis, although loyalty was preferred to ability.Those dropped
The MPs originally slated to join the Cabinet on the ODM list, but later missed out were Mr Chris Okemo, Mr Calistus Mwatela, Ms Lornah Laboso, Mr George Khaniri, Mr Omingo Magara, Mr Alfred Sambu, Mr Aden Duale and Mr Orwa Ojode.
However, Khaniri, Ojode, Laboso, Duale, Magara and Mwatela were appointed assistant ministers.
Sources said Okemo was too senior to be named an assistant minister, a position he would most likely have turned down having served in the prime dockets of Finance and Energy in the Moi regime.
In Coast Province, Mwatela was dropped from the ODM list since Kibaki retained Special Programmes minister, Dr Naomi Shaban. Raila instead seconded Mwatela to the list of assistant ministers.

In the South Coast, Kibaki retained Transport minister, Mr Ali Mwakwere, as a reward for what analysts said was loyalty.
But the President concurred with Raila to appoint a minister from the North Coast, Mr Jeffer Amason Kingi of ODM, who assumed the East Africa Community docket, taking over from Machage.

In the same province, ODM Pentagon member, Mr Najib Balala, was automatically appointed Tourism minister. All Pentagon members were named to the Cabinet to fulfill a pre-election agreement.Rift Valley
In Rift Valley, it was difficult for the two principals to make a quick decision. There was pressure to have Mr William Ruto excluded, but ODM threatened to pull out of the deal should that be the case.
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In Nyanza, ODM got the leeway and appointed Mr James Orengo (Lands and Settlement), Mr Dalmas Otieno (Public Service), Mr Otieno Kajwang’ (Immigration and Registration), Prof Anyang’ Nyong’o (Medical Services) and Mr Chris Obure (Public Works).
Magara missed the Cabinet because PNU had already appointed Prof Sam Ongeri, the Education minister, from the Kisii region.

In Western Province, Okemo missed the Cabinet on grounds that the Attorney-General, Mr Amos Wako, comes from the same constituency — Nambale.

ODM rewarded Funyula MP, Dr Paul Otuoma, with the Fisheries docket.
Hamisi MP, Mr George Khaniri, missed a Cabinet slot because the Speaker of the National Assembly, Mr Kenneth Marende, and the Deputy Prime Minister and Minister for Local Government, Mr Musalia Mudavadi, are from the same region.

Webuye MP, Mr Alfred Sambu, who beat Ford-Kenya chairman, Mr Musikari Kombo, in the polls missed the Cabinet because PNU had already appointed Foreign Affairs minister, Mr Moses Wetangula, from Bungoma.

In North Eastern Province, ODM found if difficult to allocate more Cabinet slots to neighbours of Deputy Speaker Mr Farah Maalim.
Mr Ibrahim Elmi (Wajir East) was appointed Minister for Development of Northern Kenya and other Arid Lands.

Other MPs from the same region were appointed assistant ministers because PNU had already picked Defence minister, Mr Yusuf Haji from Ijara.

Tuesday, April 15, 2008

Minister Mwakwere's profile as given by the Daily Nation

CHIRAU MWAKWERE: TRANSPORT

The MP for Matuga constituency was born in 1945 at Golini, Kwale District. He first trained as teacher at Kenyatta College, now Kenyatta University between 1964 to 1966 before proceeding to the University of Birmingham, United Kingdom and later to the University of Reading.
He obtained a Master Trainer from the University of Connecticut, USA and a Master of Science in Maritime Studies and International, Transport from the University of Wales in Cardiff in 1982 and 1986 respectively.

Before joining politics in 2002, he had previously served as an ambassador to Harare and accredited to Mozambique, Swaziland and Lesotho. He later served as the Ambassador to United Arab Emirates and the State of Qatar.

He has also been a principal at Bandari College. From January to June 2003, he was appointed an assistant minister in the Ministry of Foreign Affairs and from June 2003 to June 2004, the minister for Labour and Human Resource Development. Mwakwere also served as the Minister for Foreign Affairs before given the Transport docket after a reshuffle that saw the entire cabinet dissolved.

PNU retains plum ministries

Despite the stalemate that brought Kenya to the brink of more violence, PNU retained the ministries that had driven ODM from the negotiation table.

Cabinet ministers, Prof George Saitoti, Mr Amos Kimunya, Ms Martha Karua, Mr Moses Wetangula, Mr Chirau Ali Mwakwere and Mr Kiraitu Murungi, retained their dockets.
Kanu chairman, Mr Uhuru Kenyatta, who was previously in charge of the Local Government portfolio, was elevated to deputy Prime Minister.

Uhuru’s loss was compensated with the Trade docket after another newly crowned deputy premier, Mr Musalia Mudavadi, took his portfolio.

Defence remained with Mr Yusuf Haji, while Internal Security was left in the hands of Saitoti, the Kajiado North MP. The Finance ministry remained with Kimunya, with Karua retaining the Justice and Constitutional Affairs ministry. Mwakwere also retained the Transport ministry.

After the power-sharing deal collapsed, squabbling over the five ministries was cited as one of the main reasons.

As he walked out of the negotiations, Raila explained he had agreed to cede some of the most crucial ministries — such as Finance, Internal Security, Justice and Constitutional affairs.
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The Standard:
Story by Amos Kareithi
Published on April 14, 2008,

Monday, April 14, 2008

SPEECH BY HIS EXCELLENCY HON. MWAI KIBAKI, C.G.H., M.P., PRESIDENT AND COMMANDER-IN-CHIEF OF THE ARMED FORCES OF THE REPUBLIC OF KENYA DURING THE ANNO

Fellow Kenyans,

I know that you have all been anxious to see the conclusion of the consultations on the formation of the new Coalition Government.

I am therefore pleased to announce that following extensive consultations within the coalition, and taking into consideration the current challenges facing the country as well as the need to ensure regional balance in the leadership of this country, I am today announcing the Cabinet of the Grand Coalition Government.

Fellow Kenyans,The outcome of the General Elections brought to the fore unprecedented political challenges. The situation has required Statesmanship and sacrifices for the sake of national peace and unity.

The enactment of the National Accord and Reconciliation Act, 2008 and the agreement on the Cabinet underscores the commitment of our nation's leadership to put the collective interest of the country and our people above everything else.

I want to take this opportunity to thank Hon. Raila Odinga, the Prime Minister Designate and all the political leaders throughout the country for upholding the spirit of dialogue, which enabled us to unlock the political deadlock.
I also commend the religious leadership, trade unions, human and professional bodies in our country that have supported dialogue and reconciliation to ensure that a peaceful settlement is concluded within the shortest time possible.

Furthermore, I thank the mediators led by His Excellency Kofi Annan as well as friendly countries which have supported and encouraged us to overcome the political challenges we have been experiencing.
Above all, I want to thank you, my fellow Kenyans, for your tolerance and patience throughout this period. I want to assure you all that I will do everything possible to ensure that our country Kenya, is steered along the path of peace, unity and stability.
Fellow Kenyans,The multiparty politics that this country has embraced over the last 17 years has posed serious challenges to our national cohesion.

But the experience we have gained over the years, and this period in particular, has enabled us to overcome the difficulties, while we undertake necessary reforms to ensure that our country and people will be assured of living in a secure, cohesive and prosperous nation.

The enactment of the National Accord and Reconciliation Act, and the announcement of the new Cabinet today, demonstrates the commitment of the political leadership to move ahead and pay more attention to addressing the challenges facing our country and people.

Foremost, is the plight of our people - men, women and children - evicted from their homes and farms by the recent mindless violence and hooliganism. In that regard, my government has increased security presence in the affected areas in order to prevent a recurrence of the violence and mayhem.
We are also facilitating the displaced people to resettle back on their farms as we support them and the surrounding communities with farm inputs such as seeds and fertilizers. The new Cabinet will prioritize resettlement of the displaced people so that they can resume normal lives and play their part in nation-building.

I urge Cabinet members to spearhead the message of peace in all the affected areas.
Another area, is the need to ensure equal opportunities for all our people. In this respect, when I took over the leadership of this country, I pledged to commit more resources for the development of the Arid and Semi-Arid areas of our country which have in the past suffered neglect due to inadequate resources provisions and poor infrastructure.

In the Cabinet I am announcing today, I have therefore created a new Ministry for the development of Northern Kenya and other Arid Lands in order to focus on and address the unique challenges facing these areas.

The expanded Cabinet also introduces new Ministries to give priority attention to areas that are critical to the transformation of our country into a newly industrialized nation status. These include the Ministries of Industrialization, Planning and Vision TWENTY-THIRTY, and Nairobi Metropolitan Development.

Finally, I wish to reiterate and emphasize that all Kenyans enjoy equal rights under the law. In this respect, we cannot allow or tolerate discrimination of a Kenyan in whatever form. Every citizen must enjoy the right to work and to reap the benefits of his or her labour anywhere in the country without hindrance.

And therefore, the attitude, especially among some leaders, that communities should be restricted to particular areas or that some Kenyans can be perceived to be foreigners in some parts of the country is backward and unacceptable.

As we welcome foreign nationals to partner with us in developing our country, so must we welcome and embrace one another as brothers and sisters. Indeed, it is through such interaction that our country and communities can tap skills that will spur development.

The key to addressing the challenge of poverty is hard work to generate wealth and expand employment opportunities.

So, my challenge to the new Cabinet Members and the entire national leadership at all levels is: let us put politics aside and get to work.

Let us build a new Kenya where justice is our shield and defender, and where peace, liberty and plenty will be found throughout our country.

Grand Coalition Cabinet

The following is the full cabinet list

1. Office of the President
Ministry of State for Provincial Administration and Internal Security
· Minister:
Hon. Professor George Saitoti

· Assistant Ministers:
Hon. Simon Lesirma.
Hon. Joshua Orwa Ojode

Ministry of State for Defence
Minister: Hon. Yusuf Haji

Assistant Ministers:
Hon. David Musila
Hon. General (Rtd) Joseph Nkaisserry

2. Office of the Vice President
Vice President and Minister for Home Affairs:
Hon. Stephen Kalonzo Musyoka

Assistant Minister: Hon. Lorna Laboso

Ministry of State for Immigration and Registration of Persons
· Minister: Hon. Gerald Otieno Kajwang'
· Assistant Minister: Hon. Francis Baya

Ministry of State for National Heritage & Culture:
·
Minister: Hon. William Ole Ntimama
· Assistant Minister: Hon. Joel Onyancha Omagwa

3. Office of the Prime Minister:
· Prime Minister: Hon. Raila Amollo Odinga
· Assistant Minister: Hon. Alfred. Khang'ati

Ministry of State for Planning, National Development and Vision 2030:
· Minister: Hon. Wycliffe Ambetsa Oparanya
· Assistant Minister: Hon. Peter Kenneth

Ministry of State for Public Service:
· Minister: Hon. Dalmas Anyango Otieno
· Assistant Minister: Hon. Aden Ahmed Sugow

4. Office of Deputy Prime Minister and Ministry of Trade:
· Deputy Prime Minister and Minister for Trade:. Hon. Uhuru Kenyatta
· Assistant Minister: Hon. James Omingo Magara

5. Office of the Deputy Prime Minister and Ministry of Local Government
· Deputy Prime Minister and Minister for Local Government:
. Hon. Wycliffe Musalia Mudavadi
· Assistant Minister: Hon. Robison Njeru Githae

6. Ministry of East African Community
· Minister: Hon. Amason Kingi Jeffah
· Assistant Minister: Hon. Peter Munya

7. Ministry of Foreign Affairs
· Minister: Hon. Moses Wetangula
· Assistant Minister: Hon. Richard Momoima Onyonka

8. Ministry of Finance·
Minister: Hon. Amos Kimunya
· Assistant Minister: Hon. Dr. Oburu Oginga

9. Ministry of Justice, National Cohesion and
Constitutional Affairs
· Minister: Hon. Martha Karua
· Assistant Minister: Hon. William Cheptumo Kipkorir

10. Ministry of Nairobi Metropolitan Development
· Minister: Hon. Mutula Kilonzo
· Assistant Minister: Hon. Elizabeth Ongoro Masha

11. Ministry of Roads
· Minister: Hon. Kipkalya Kones

· Assistant Ministers:
Hon. Wilfred Machage
. Hon. Lee Kinyanjui

12. Ministry of Public Works
· Minister: Hon. Chris Obure
· Assistant Minister: Hon. Dickson Wathika Mwangi

13. Ministry of Transport
· Minister: Hon. Chirau Ali Makwere
· Assistant Minister: Hon. John Harun Mwau

14. Ministry of Water and Irrigation
· Minister: Hon. Charity Kaluki Ngilu
· Assistant Minister: Hon. Mwangi Kiunjuri

15. Ministry of Regional Development Authorities
· Minister: Hon. Fredrick Omulo Gumo
· Assistant Minister: Hon. Judah Katoo Ole Metito

16. Information & Communications
· Minister: Hon. Samuel Poghisio

· Assistant Ministers:
Hon. George Munyasa Khaniri
Hon. Maj. (Rtd) Dhadho Godhana

17. Ministry of Energy
· Minister: Hon. Kiraitu Murungi

· Assistant Ministers:
Hon. Charles Keter
Hon. Maalim Mohamud Mohamed

18. Ministry of Lands
· Minister: Hon. Aggrey James Orengo

· Assistant Ministers:
Hon. Silvester Wakoli Bifwoli
Hon. Samwel Gonzi Rai

19. Ministry of Environment and Mineral Resources
· Minister: Hon. John Michuki

· Assistant Ministers:
Hon. Ramadhan Seif Kajembe
Hon. Jackson Kiplagati Kiptanui

20. Ministry of Forestry and Wildlife
· Minister: Hon. Noah Wekesa
· Assistant Minister: Hon. Josphat Koli Nanok

21. Ministry of Tourism
· Minister: Hon. Mohamed Najib Balala
· Assistant Minister: Hon. Cecily Mtito Mbarire

22. Ministry of Agriculture
· Minister: Hon. William Samoei Ruto

· Assistant Ministers:
Hon Japhet Kareke Mbiuki
Hon. Gideon Musyoka Ndambuki

23. Ministry of Livestock Development
· Minister: Hon. Mohamed Abdi Kuti
· Assistant Minister: Hon. Bare Aden Duale

24. Ministry of Fisheries Development
· Minister: Hon. Paul Nyongesa Otuoma
· Assistant Minister: Hon. Mohamed Abu Abuchiaba

25. Ministry of Development of Northern Kenya and other Arid Lands
· Minister: Hon. Ibrahim Elmi Mohamed
· Assistant Minister: Hon. Hussein Tarry Sasura

26. Ministry of Cooperatives Development
· Minister: Hon. Joseph Nyagah
· Assistant Minister: Hon. Linah Jebii Kilimo

27. Ministry of Industrialization
· Minister: Hon. Henry Kiprono Kosgey
· Assistant Minister: Hon. Ndiritu Murithi

28. Ministry of Housing
· Minister: Hon. Peter Soita Shitanda
· Assistant Minister: Hon. Bishop Margaret Wanjiru Kariuki

29. Ministry of Special Programmes
· Minister: Hon. Dr. Naomi Namsi Shabani
· Assistant Minister: Hon. Mohamed Muhamud Ali

30. Ministry of Gender and Children Affairs
· Minister: Hon. Esther Murugi Mathenge
· Assistant Minister Hon. Atanas Manyala Keya

31. Ministry of Public Health and Sanitation
· Minister: Hon. Hon. Beth Wambui Mugo
· Assistant Minister: Hon. Dr. James Ondicho Gesami

32. Ministry of Medical Services
· Minister: Hon. Prof. Peter Anyang' Nyong'o
· Assistant Minister: Hon. Danson Buya Mungatana

33. Ministry of Labour
· Minister: Hon. John Kiyonga Munyes
· Assistant Minister: Hon. Sospeter Ojamaa Ojamong'

34. Ministry of Youth and Sports
· Minister: Hon. Dr. Helen Jepkemoi Sambili

· Assistant Ministers:
Hon. Wavinya Ndeti
Hon. Kabando wa Kabando

35. Ministry of Education · Minister:
Hon. Samson Kegeo Ongeri·

Assistant Ministers:
Hon. Prof. Patrick Ayiecho Olweny
Hon. Andrew Calist Mwatela

36. Ministry of Higher Education, Science and Technology
· Minister: Hon. Dr. Sally Jepngetich Kosgey

· Assistant Ministers:
Hon. Kilemi Mweria
Hon. Asman Abongotum Kamama

37. Office of the Attorney General
Attorney General: Hon. Amos Wako

Thursday, April 10, 2008

VP: Kibaki ready to take action

Vice-President, Mr Kalonzo Musyoka flanked by Transport Minister Amb. Chirau Mwakwere, addresses journalists outside KICC, Nairobi, on Tuesday. _______________
The Party of National Unity is ready for elections should the Cabinet talks collapse.
Vice-President, Mr Kalonzo Musyoka, said yesterday they would support the President should he dissolve Parliament and call fresh elections if the formation of the grand coalition failed.
Kalonzo said President Kibaki was ready to take a decisive action. "President Kibaki is ready to take the bull by the horns. The President cannot continue this way. We will support him even if he decides to dissolve Parliament," he said.

He said the President had been very patient and he would not allow the situation to drag on.
Kalonzo was speaking after chairing the Government Coalition Parliamentary Group meeting at the KICC. He took issue with ODM’s demand on portfolio balance and asked them to drop the pre-conditions.

The VP said the meeting underscored the "absolute need" for the country to forge ahead.
He exonerated ministers from claims that they were holding President Kibaki back for fear that they would lose their positions.

"Let nobody assume that by being in the Cabinet, it will give them an advantage to enrich themselves. They should be for servant leadership," he said.
Kalonzo also defended the Head of Civil Service, Mr Francis Muthaura, saying he was acting on instructions of the President

Tuesday, April 8, 2008

Mwakwere wants suit struck out

Transport minister Chirau Ali Mwakwere wants an election petition filed against him by a voter struck out.
The Matuga MP, through lawyer Gikandi Ngibuini, said that although the suit was filed within the required time, the papers were, however, not served on him personally as required.
He told Mr Justice Joseph Sergon, sitting in Mombasa, that the process server had not demonstrated to the court that he had diligently tried to serve the petition on the minister before placing an advertisement for substituted service.

Personal service
“Where personal service is not possible then the court will hold that the petitioner has complied with the rule if he demonstrates that he has diligently tried to do so and failed,” he said.
Mr Ngibuini said the affidavits of service filed by process servers were vague, speculative and lacked vital information which could have shown that they did their best to reach the minister but failed.

He relied on the 1997 petition of President Mwai Kibaki against former president Daniel arap Moi, where he said three High Court judges agreed with Mr Moi that he had not been personally served with the petition although it had been gazetted.

The petition has been filed by Mr Ayub Juma Mwakesi, who wants the election declared null and void, as the entire exercise was allegedly marred by irregularities. He cited Kombani polling station through lawyer Mohammed Balala.
++++++++++
Daily Nation
Story by EUNICE MACHUHI

Publication Date: 4/8/2008

Sunday, April 6, 2008

Hard choices for Kibaki in new Cabinet



Published on April 6, 2008, 12:00 am
By Gakuu Mathenge

President Kibaki may have wished for a peaceful second term to polish up his image and leave a better legacy.
But he is staring a bumpy ride in office as he names the Cabinet, today.
And like in 2003, when he took the oath of office on a wheel chair, the second term starts with a power-sharing deal that leaves him with few options to keep his friends happy.
Even with an expanded Cabinet, the President’s headaches are far from over. He has to convince his Party of National Unity (PNU) and Orange Democratic Movement-Kenya troops to revise their expectations downwards.

PNU itself is a mixed bag of acquaintances in Narc-Kenya, Kanu, Ford-Kenya, Safina, Democratic Party, Shirikisho and others, all looking up for rewards.
Recent statements indicate that Kibaki has a Herculean task in sharing out the 20 Cabinet seats allocated to the party.

He has to balance competing interests, appease the homeboys, and keep newfound partners in ODM-Kenya.Already, some MPs and supporters in ODM-Kenya acknowledge that the possibility of resilient Kitui Central MP, Mrs Charity Ngilu returning home with a ministerial flag would cast their leader, Vice-President, Mr Kalonzo Musyoka badly.
"Such a scenario casts Kalonzo in very bad light politically. It provides ready propaganda for his rivals to claim that he only joined Government for his personal gain," said an MP from Ukambani, who sought anonymity.

The ODM-Kenya troops are said to be livid and on the edge, demanding not less than two additional Cabinet appointments.
The party helped prop up a besieged PNU side when the President’s party was under intense local and international pressure over last year’s disputed and discredited presidential election.
Kalonzo’s move to join Kibaki propped to a limping regime.
Speculation was rife that Mbooni MP, Mr Mutula Kilonzo and Mwingi North MP, Mr David Musila, were to be brought into the first Cabinet, but things happened too fast.
This was when post-election violence broke out, killing about 1,000 people followed by the international mediation.

The mediation led by former UN chief, Dr Kofi Annan led to the signing of the National Reconciliation Accord, which laid the foundation for a grand coalition.
Equally disturbing for the President, Narc-Kenya has been grumbling that it got a raw deal in the first appointment of Cabinet ministers.

Parliamentary strength

They have claimed to have 29 MPs, higher than other PNU affiliates.
"Kanu has nine MPs and has four Cabinet ministers. Ford-Kenya has four MPs and three ministers. Narc-Kenya is saying Cabinet appointments should be based on the party strength in Parliament. We are also demanding the deputy Prime Minister’s post," former minister, Mr Mutua Katuku, said in an earlier interview.

Katuku, Justice and Constitutional Affairs minister, Ms Martha Karua and Garsen MP, Mr Danson Mungatana founded the flower party.
Early this week, the party declared Karua its Parliamentary Group Leader.
And following the announcement that President Kibaki and Prime Minister-designate Raila Odinga had agreed on a 40-member Cabinet, lobbying has intensified in PNU side for the additional three slots.

The President has appointed 17 ministers from PNU and ODM-Kenya.
Yesterday, Energy Minister, Mr Kiraitu Murungi visited Meru and gang up with the Njuri Ncheke elders in demanding more Cabinet slots.

Kiraitu and the elders cited the over 500,000 they cast for Kibaki in the General Election.
"Eastern Province is not properly represented by the VP, Kalonzo and myself, we need more," said Kiraitu.
Kiraitu is among Narc-Kenya leaders who claim the party got a raw deal in PNU, including nominations to Parliament.
Two of PNU nominations went to DP secretary-general, Mr George Nyamweya, Ford-Kenya leader, Mr Musikari Kombo.

Narc-Kenya has also fronted Karua, Mungatana, Prof George Saitoti, Mr Ali Chirau Mwakwere, and Kiraitu for the deputy Prime Minister’s post, giving the President a wide choice.
"Karua represents gender considerations, Mwakwere both Coast regional and Islamic considerations, Mungatana youth, while Saitoti and Kiraitu bring in the geographical and regional interests," said a source close to the party leadership.
Karua is said to be in the Kibaki succession battle with Kanu chairman, Mr Uhuru Kenyatta, Saitoti and Kiraitu.

Consequently, the one who clinches the deputy premier will be at an advantage in central Kenya.
Saitoti, also widely believed to harbouring ambitions to be on the presidential ballot in 2012, has his own credentials.
Mwakwere would also make a useful anti-ODM bulwark at the Coast, and appease the Muslim constituency.
Whatever choice President Kibaki makes, it will not be an easy one given the disparate interests.

Tuesday, April 1, 2008

Kibaki Cabinet meeting turns stormy



A special five-hour meeting chaired by President Kibaki turned stormy and threatened to split the Cabinet as ministers differed over ODM’s demands for a lean Government and portfolio balance.

The meeting, which began at 10.30am in President Kibaki’s Harambee House office, elicited passions when the issue of implementation of the National Accord and Reconciliation Act came up although it was not among the issues listed for discussion.

After the emotive issue, it was apparent that the Cabinet had split into two distinct opinions. Sources at the meeting told The Standard that though power-sharing was not on the agenda, it persisted for long after a minister suggested that President Kibaki speeds up the naming of a new Cabinet. The minister reportedly told the President that Kenyans were anxious for a settlement to the political crisis.

"Your Excellency, Kenyans are anxious to have the matter resolved once and for all. They need a final settlement to the Cabinet stalemate," said the minister, adding that: "It is time we gave ODM what they have requested." But at this point, another minister shot up and argued that some ODM demands were unrealistic and if accepted, amounted to ceding all power to it.
"I think what we have offered to cede should be enough to satisfy ODM. Some of their demands are unrealistic," said the minister.

When the exchange heated up, President Kibaki stepped in and told the ministers that he was scheduled to meet ODM leader, Mr Raila Odinga, today for further talks. That effectively ended debate on the matter. Some ministers felt strongly that not all names ODM would present for appointment should be accepted. They said MPs tainted by corruption or those linked to post-election violence should not be given Cabinet positions. If they got positions, some said, it would be akin to rewarding them.

"We should demand a clean Cabinet. Not all the names from ODM should be accepted. We promised Kenyans a clean Cabinet and we should honour our word," the minister said.
Earlier, expectations were high that the meeting would discuss portfolio balance and the size of the Cabinet and, in the process, speed up the naming of new ministers. But an insider said the issue could not be discussed because the ministers were interested parties.
"The issue did not come up. How can we discuss it and we are interested parties? Supposing it was said we have a Cabinet of 20 ministers — 10 of us would have to go," said another minister.
Missing from the meeting

In attendance were Vice-President, Mr Kalonzo Musyoka, Mr Amos Kimunya (Finance), whose docket is one of the key portfolios ODM has targeted, Mr Uhuru Kenyatta (Local Government), Mr John Michuki (Roads), Prof George Saitoti (Internal Security), Mr Yusuf Haji (Defence), Prof Sam Ongeri (Education), Mr Chirau Mwakwere (Transport), Ms Martha Karua (Justice and Constitutional Affairs) and Mr John Munyes (Water).

Others were Dr Naomi Shaban (Special Programmes), Mr Asman Kamama (Public Service), Mr Wilfred Machage (East African Co-operation), Mr Kiraitu Murungi (Energy), and Mr Samuel Poghisio (Information). Attorney-General, Mr Amos Wako, and Head of Civil Service, Mr Francis Muthaura, were also at the meeting.

But Mr Moses Wetangula (Foreign Affairs) and Dr Noah Wekesa (Science and Technology) were absent. Wetangula was said to have travelled abroad, while Wekesa was said to be on his way from Kitale for the meeting.
But when contacted, Wekesa said he had not been informed of the meeting and only read about it in the newspapers on Monday. He said he was told that Muthaura had announced the meeting over the radio, but he never got the message.
"Nobody told me about the meeting. Muthaura should even have rung the DC if he could not reach me. He has all the machinery at his disposal. Not everybody listens to the radio," Wekesa told The Standard.

At the end of the meeting, the ministers left in two groups and remained tight-lipped and even avoided a battery of journalists that had been waiting.
After the first group left Harambee House, President Kibaki followed shortly, but ministers Uhuru, Kiraitu, Saitoti, Kimunya and Haji remained behind. It was not immediately clear what they were discussing.

Later, the Presidential Press Service (PPS) issued a statement that steered clear of the power-sharing discussion and instead dwelt on issues of Government operations.
The statement said, among other issues, that the meeting discussed the resettlement of the displaced people, the East African Community Treaty, anomalies in KCSE examination results and the Safaricom IPO. The ministers, the statement said, would encourage wananchi to buy the mobile phone company’s shares

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Story by Joseph Murimi and Abiya Ocholla
Published on April 1, 2008, 12:00 am

President Mwai Kibaki chairs a Cabinet meeting




President Mwai Kibaki today chaired a Cabinet Meeting at Harambee House.
Among other issues, the Cabinet:-

a) Reviewed the progress of resettlement of the Internally Displaced Persons currently in camps as well as those being housed by well wishers.

§ The Cabinet decided to speed up the resettlement program in view of the very difficult conditions the IDP’s are experiencing especially during this wet season.

b) Was briefed intensively on the successful launch of the Safaricom IPO and agreed to encourage Kenyans to participate in the buying of shares, especially now that the unit price is set at an affordable level.

§ The Cabinet considered this as one of the most effective ways of empowering Kenyans and distributing wealth.

c) Considered the amendments to the East African Community Treaty and approved the ratification of the amendments.

d) Was briefed on the anomalies of the Kenya Certificate of Secondary Education results and endorsed the measures the Ministry of Education had taken in that regard.
________________
State House
Nairobi,
March 31, 2008