W2C001K
Odinga now takes Saitoti to court
Former Vice-President Odinga Odinga yesterday filed a libel suit against Vice-President George Saitoti and an Assistant Minister, Mr John Keen.
Mr Odinga, the self-proclaimed interim chairman of the unregistered National Democratic Party (NDP), lists eight grounds of injury he alleges he suffered on account of remarks made by Prof Saitoti. He offers nine grounds regarding Mr Keen's part in the alleged libel.
The suit is drawn and filed by Mr Shamalla, Koome and Co. Advocates.
In plaints to be served on Prof Saitoti and Mr Keen, Mr Odinga claims he has been greatly injured in his credit, character and profession as a "long-standing forthright and respected politician", and been exposed to "public scandal, ridicule, odium and contempt" in the eyes of his supporters and all those who know and deal with him.
On April 25, Mr Odinga's lawyers wrote to the two legislators demanding an immediate retraction of their remarks about him and apologise within 14 days or they would institute court proceedings against them. 
Prof Saitoti alleged libellous remarks were published in the April 5 issue of the Weekly Review magazine and Mr Keen's in the Sunday Nation of April 21.
Mr Odinga says that Prof Saitoti, "in or about the month of March, 1991, falsely, maliciously and without probable cause, delivered to British Parliamentarians in London a written speech titled 'Economic <-/successs> based on accountability'. The speech was reproduced in the Weekly Review issue of April 5, 1991.
It said: "You will be aware, of course, that the apparent pressure for change had come from upheavals in eastern Europe at the end of 1989. For some reason, which has never been clear to me, we were supposed to be part of this trend. But the Communist regimes of eastern Europe bear no relation to Kenya.
"We have always operated a free market economy. We have always rejected Communism in any guise - though it must be said a former Vice- President, who recently attempted to form a political party tried to introduce Communism into kenya by the back door in the late 1960s. At one time he even <-/sumuggled> Soviet weapons into Kenya to try and achieve his ends ..."
Regarding Mr Keen, Mr Odinga says he was quoted as "having lashed out at Jaramogi Oginga Odinga saying, the former Vice-President sought to overthrow Jomo Kenyatta's Government with ammunition he secretly imported into the country ... "
The lawyers claim that this remark also constitutes libel against the former V-P.
Mr Keen, an Assistant Minister in the Office of the President, made the remarks while addressing a crowd at Kangemi in Nairobi.
Mr Odinga seeks from Prof Saitoti and Mr Keen, among other things, exemplary and aggravated damages, general damages, costs of the suit, interest at court rate and any alternative relief the court deems necessary.
Mr Odinga says that by the ordinary and natural meaning of the words used by Prof Saitoti and Mr Keen, they were understood to mean that Mr Odinga had no respect for the laws and Constitution of Kenya, he is a dishonest and untrustworthy politician and that he should have been arrested and charged by secretly plotting to introduce Communism into Kenya.
Mr Odinga says that the words were also understood to mean that he had committed treasonable acts which were punishable under the Penal Code and at the same time he was privy and intended to cause war and armed revolution in the country.
He says his character and reputation <-_has><+_have> been injured and hence lowered in the "estimation of right-thinking members of the British Parliament, the British public and the Kenyan society."
The former V-P says that as a forthright and respected politician, he has been exposed by the publication to public scandal, ridicule, odium and contempt in the eyes of his supporters and all those who deal with him.
Despite <-_demand><+_demands> for an apology and intimation of intention to sue, he says, Prof Saitoti has refused to tender any apology.
He says Mr Keen, in spite of the letter of demand for an apology, has persisted in libelling him through statements released to the Press.
Sh39m suit based on greed - Kanu
The ruling party, Kanu, and five of its top officials yesterday scoffed at a Sh39 million suit filed against them, calling it "purely <-/imaginatory>, speculative and based on greed".
"The suit as filed is bad in law, frivolous and vexatious and discloses no reasonable cause of action against the defendants either in their personal capacity as principal office bearers of Kanu or on their capacity," the defendants said in a replying defence statement. 
The officials have denied owing Nyanja Architects and Company Sh39.6 million for alleged breach of contract. They want the suit summarily struck out with costs. 
The replying statement was filed in the High Court by lawyer Mutula Kilonzo. 
In a separate defence statement, Mr David Pius Mugambi, the party's national Executive Officer, denied contracting Nyanja for a Kenyatta International Conference Centre project. 
He had no powers to commit Kanu and its members in the manner alleged in the suit's plaint, he claimed. 
Nyanja filed the suit on May 29 naming the Kanu national Chairman, Mr Peter Oloo Aringo, the Secretary General, Mr Joseph Kamotho, the Treasurer, Mr Japheth Lijoodi, the Organising Secretary, Mr Stephen Kalonzo Musyoka and Mr Mugambi as the defendants. 
Nyanja is represented by Waruhiu and Muite Advocates and is seeking general damages, total payment of fees plus interest at 19 per cent in addition to the cost of the suit. 
The firm claims that the party owes it Sh39,652,907 for work done and/or professional services rendered. This consists of "preparation of drawings and specifications for the duration of the erection of the rehabilitation of the defendants' premises known as the Kenyatta International Conference Centre (KICC)". 
Nyanja's plaint claims that Kanu should have paid him by April 4. 
In a common defence statement, four of the party officials, who are also sitting MPs, said they were wrongfully sued and that the procedure employed in the commencement of the suit was a direct abuse of the process of the court. 
They said the suit was calculated to scandalise them, Kanu and its members in general. 
The four denied owing the Nyanja firm Sh39,652,907 for work or professional service allegedly done and rendered. They challenged the architectural firm to prove its claims beyond reasonable doubt. 
At no time, they said, did Nyanja and Company prepare any outline, proposals, scheme, design or any acceptable production drawings for the erection of the KICC. 
They challenged Mr George Nyanja, the firm's proprietor, to adduce evidence to show that the alleged 39.6 was due to be payable to the plaintiff by April 4 or at any other time at an interest rate of 19 per cent. 
They claimed that the company's claim that it was appointed by Mr Mugambi was absolutely ultra vires the powers vested in the officer who wrote and signed the alleged letter. 
The alleged appointment letter, they say, was always an offer to treat and did not create any enforceable or <-/privity> of the contract before actual service <-_were><+_was> rendered. 
"It was not followed by any service under the Architects and Quantity/Surveyors Act or Conditions of Engagement, therein provided, or at all to warrant fees," they said. 
The approval by Kanu's executive committee and the City Commission, who are the final signatories of such contracts, were never obtained. 
They also charged that Mr Nyanja, himself a member of Kanu, should always have known the party's contracting procedures. "These were not followed," their joint statement said. 
By February 21, their statement said (without any prejudice), the work had been "abandoned". 
"Accordingly, the figure of Sh39,562,907is purely imaginary, based on greed, has no basis and is not due," they said. 
In his separate defence, Mr Mugambi said the letter of April 11, 1990, was written at Mr Nyanja's instigation, who at the time was processing his application for re-admission to Kanu following his suspension from the party. 
The agreement, Mr Mugambi told the court, was at the time meant to be free and at no cost or  at most under conditions of engagement and  scale of professional charges for architects. 
The letter was also intended to enable the plaintiff to start the compilation of a suitable list of consultants for scrutiny and confirmation by Kanu and its executive organs. 
Why we're ready to go to jail - Muite
Lawyer Paul Muite and his co-defendants in the LSK contempt suit wound up their case yesterday and accused the Government of manipulating courts through proxies to silence its critics. 
Making his final submissions, Mr Muite charged that the Government was determined to imprison the current LSK council members because of their stand for democracy and justice in the country. 
Later in the afternoon, there was a brief drama in court when a lawyer, Ms Martha Njoka, was ordered out after she defied the judge's directive to stop talking while another lawyer was addressing the court. 
Mr Justice John Mwera said: "May you keep quiet. And, may you please change position and stop talking or you walk out," to which Ms Njoka responded: "My lord, I'm not going to change position. <-_I'll><+_I'd> rather walk out." 
She was not able to attend most of the afternoon session, during which Mr A.B Shah (counsel for the four lawyers who instigated the proceedings against Mr Muite and his council) was making his final submissions. 
During the morning session, Mr Muite told the packed gallery: "If our going to prison will hasten the day when Kenya can have a truly free and independent Judiciary, hasten the day when the Kenyan people can freely elect their leaders, and if our going to prison will assist in the achievement of meaningful and peaceful reforms, the LSK council considers their imprisonment a small price to pay to avoid the bloodshed, loss of life and suffering which will inevitably be paid. 
"Our prayer is that by the time we come out of prison, the reforms Kenyans need so urgently will have been realised. It is bad governance that poses greatest danger to true public security and future of this nation and not the LSK. Our faith while in prison will be the knowledge that the present leadership will not, and cannot, stop the tide. Sooner or later, changes will come. We have no doubt that it will be sooner (rather) than later. The LSK and its council will have played its part and paid its share of the sacrifice." 
The lawyer clashed and differed <_/severally> with the judge when he tried to refer to an article by lawyer Gitobu Imanyara published in the Nairobi Law Monthly magazine. 
The article says, among other things, that the Government was committed to using unorthodox ways to silence its critics. 
Mr Justice Mwera warned Mr Muite that he would not condone any political references because they were irrelevant to the proceedings. 
Mr Muite insisted that as a defendant in a public trial he was entitled to refer to anything suitable for his defence. But Mr Justice Mwera told him the proceedings were chamber matters and not public. 
Reading from a 14-page submission signed by all the defendants, Mr Muite said that the committal proceedings against them were an abuse of the process of court, and, therefore, "a not-too-subtle attempt by the Government to silence its critics."
He went on: "We have submitted, we have maintained, and we shall maintain that the sending of the LSK council members to jail would not in any way be a solution to the massive problems currently facing the Government." 
Mr Muite the judge <O/> that the law and the courts would lose reputation miserably if the defendants were sent to prison. 
He said it was the business of the LSK and its individual members to talk on "human rights violations, the rule of law, the overconcentration of power in the presidency, the emasculation of Parliament, the emasculation of Judiciary, the emasculation of the only party, Kanu, and the subordination of all other institutions to the presidency. This is what constitutional law is all about." 
W2C002K
Moi orders Muli to accept Ouko report
President Moi yesterday directed Attorney- General <-/Mathew> Muli to make immediate arrangements to receive the eagerly-awaited report on the murder of Dr Robert Ouko from either Scotland Yard's Supt John Troon himself or through any other mutually <-/accetable> mode of delivery.
In a signed statement, the President said: "When the death <-/occured> of my then Foreign Minister, Dr Robert Ouko, I assured <ea/>wananchi that my Government will exercise its best endeavour to investigate the incident.
"Accordingly, my Government requested the British Government through the Scotland Yard to assist the Kenya Police in investigating the events leading to the death of the then Minister.
"Concern has been expressed by the Attorney- General on the inability of Supt Troon, who was leading the investigating team, to come and present the report as is customary. My Government is concerned that the issue should be determined in the most efficacious manner. Accordingly, I have today directed the Attorney General to make immediate arrangements to receive the report either from Supt Troon, if he presents himself, or alternatively, steps be taken to receive the report in a manner which is mutually acceptable.
"It is my expectation that the report will be examined in due course and appropriate legal steps invoked."
The report into the circumstances surrounding the murder of Dr Ouko arrived in Kenya about three weeks ago and has been lying in a safe at the British High Commission in Nairobi following Justice Muli's adamant refusal to accept it from none other than Supt Troon.
When it was reported in the Press that two Scotland Yard detectives, Supt Graham Searle and Insp David Shiperlee, investigating the murder of British girl, Julie Ward, in the Maasai Mara Game Reserve, had the report and were ready to give it to Justice Muli, the A-G said he would not accept it.
He said that he would only receive the report from Supt Troon and that for Supt Troon to give the report to another detective to deliver it to him would be "unprecedented and unethical." It is believed that Supt Searle and Insp Shiperlee, indeed, tried to hand over the report to the AG, but he flatly refused to accept it.
Then it was reported from London that Supt Troon was on leave pending his retirement at the end of this month, but as the controversy over the handing over of the report raged and anxiety grew, the Press again reported that Supt Troon had eventually agreed to travel to Kenya, probably this week, to hand over the report to the Kenyan authorities.
Dr Ouko's immediate successor in the Ministry of Foreign Affairs and International Co-operation, Mr Ndolo Ayah, entered the fray to say that the much-talked-about report is part of police investigations and would not, therefore, be published.
Mr Ayah drew the ire of the Church of the Province of Kenya (CPK) and the Catholic bishops with the CPK charging in a statement that failure to publish the report would be tantamount to a cover up and a negation of an earlier pledge by the Government that the report would be made public.
Police headquarters in Nairobi also issued a statement saying that the report is intended to enable the Government to decide on its next course of action in unravelling the mystery surrounding the death of Dr Ouko whose burnt and barely recognisable remains were found in thickets near his Koru home in Kisumu on February 16 four days after he had gone missing.
Last week, Kenya's Acting High Commissioner in London, Mr Green Josiah, in a letter to the London weekly, the Independent on Sunday, said that Mr Troon was expected to be a witness in an inquest into the death of Dr Ouko. He became the first high ranking Kenyan official to talk about an inquest.
The death of Dr Ouko saw demonstrations in Nairobi by university and college students, in his constituency town of Kisumu and the other university towns of Eldoret and Njoro. At Dr Ouko's burial, President Moi pledged that he would leave no stone unturned until the circumstances leading to the death had been established.
Supt Troon and his colleagues spent more than 100 days in the country investigating the death, handed over a preliminary report to the Government and then flew out to prepare the final report in London. The report has been the centre of much speculation in the British press, but so far not a word of it has been leaked.
Moi angered by Shikuku attacks
President Moi yesterday criticised former Butere MP, Mr Martin Shikuku, for his continued attack of Government policies and agitation for change.
In his Kiswahili speech during yesterday's Madaraka Day celebrations at Nairobi's Nyayo Stadium, President Moi said Mr Shikuku, who recently went to Kampala with other Kenyans for the African Leadership Forum Conference, had been "assigned to carry out certain plans in Kenya".
The President said Mr Shikuku's call for increases in producer prices will give rise to a corresponding increase in consumer prices "and with prices of food going up, it is the ordinary people who will suffer. We look on both sides of the matter".
"He says that he wants a licence to hold a rally; what will he tell you," President Moi asked, in reference to Mr Shikuku's application last week for a licence to hold a public rally at Nairobi's Uhuru Park on June 15.
President Moi said that he is aware of what those who were in Kampala recently were out to do in the country. He said that Mr Shikuku had three cars and a Mercedes and challenged him to say publicly "where he bought his three cars, among them a Mercedes".
Mr Shikuku and former Foreign Minister, Dr Munyua Waiyaki, the former secretary general of the Organisation of African Trade Union Unity (OATUU), Mr Dennis Akumu, academic and Non- Governmental Organisations (NGO) consultant, Dr Eddah Gachukia, artist, Mr Elimo Njau and university don, Dr Gichuki, were some of the Kenyans who attended the recently-concluded Leadership Forum in the Ugandan capital.
The President also accused Nairobi lawyer and publisher of the Nairobi Law Monthly magazine, Mr Gitobu Imanyara, of feigning sickness when he was recently arrested and charged with publishing a seditious leading article entitled Tribalism.
The President said he is a tolerant man but he has realised that the trickery of Africans is getting legendary and hit out at Mr Imanyara's lawyer (Dr John Khaminwa) for submitting that his client was "a dying man" and a doctor for saying that Mr Imanyara was "seriously ill".
President Moi hit out at those alleging that Mr Imanyara was tortured and asked: "Who is doing this? When professionals start lying, that that one is seriously ill, that that one is a dying man, where are we going, where are we? Where is the future of our children?"
The President said "Europeans are still ignorant of African behaviour" and rushed to give Mr Imanyara a medal when Mr Imanyara had just "dashed out of his supposed death bed upon his release".
"You will judge for yourselves what kind of people these are who are getting medals," the President said in reference to Mr Imanyara's Golden Pen of Freedom prize awarded to him by the Paris-based International Federation of Newspaper Publishers.
President Moi criticised crusaders for change wondering what kind of change they were seeking to have in Kenya.
"We are a civilian government, do these people singing change, want us to have a military government? Do they want us to be like the 27 other African nations where there have been <foreign_>coup d'etats<foreign/>," the President asked.
President Moi said Kenya was "democratic, very democratic" and wondered why some people would want change imposed on the country. He said that though Kenyans had wanted queue-voting, he had scrapped it for the sake of peace but there were still some people still calling for change.
President Moi said advocates of change failed to see the chaos in neighbouring countries of Ethiopia, Sudan and Somalia. "Do you think that there will be peace when people are killing each other," the President posed.
The President said that during the Uganda peace talks in Nairobi in 1985, some of the warring factions had said that only a military solution would solve Uganda's problems, but still peace was elusive.
President Moi said peace in Ethiopia will come only as a result of reconciliation which will include all the parties involved in the conflict. Similarly, President Moi said, the reconstruction of Ethiopia must involve all the parties involved in the conflict, otherwise there will be no peace.
He said Kenya does not harbour Ugandans who want to fight their motherland and said that it was Uganda which was persistently attacking Kenya. President Moi said that Uganda is supported in his attacks on Kenya by "outside countries".
President Moi said that with the influx of refugees into the country, Kenyan security personnel will be on red alert and those out to subvert the peace will be locked up "to eat rice and grow fat".
"The police and all other security personnel are going to have a very busy time to ensure the security and protection of Kenyans. "We will not allow our peace to be disrupted. I am aware of many who want to wreck the peace in Kenya; I am fully aware," the President said.
He repeated his reversal of the order to ban the selling of second hand clothes in Kenya saying that the clothes are popular among the ordinary people and are worn also by some big people "including some who are seated behind me".
"There are some people who say that I just stay at the State House and do not know what happens. No, I walk out like ordinary people and see for myself what Kenyans want and I say let second hand clothes be sold as long as this is done legally," President Moi said amid cheers.
President Moi said that soon, those hospitals which do not have drugs will be supplied with medicine. He said that time has also come when doctors will be required to choose between serving in Government hospitals and going into private practice instead of having to work for the Government and at the same time run their own clinics.
He said that there are about 3,000 doctors in the country and the number will be going up every year as there will be 150 doctors graduating each year.
On civil servants, the President said that they must serve the people diligently and efficiently because that is their calling. He said that they should shun corruption and the tendency of files "disappearing" when Kenyans want to be served should stop.
Moses Keino quits as House Speaker
Mr Moses Kiprono arap Keino resigned yesterday as Speaker of the National Assembly, Kenya's supreme law-making institution.
In a statement he delivered to the Government-owned Kenya News Agency (KNA), Mr Keino did not give any reason for his resignation after three years and one month as Kenya's third Speaker. Before him were Mr Fredrick Gideon Mbithi Mati and the late Sir Humphrey Slade.
In the terse statement, the 53-year-old Keino thanked "most <-/heartedly>" the President and all Members of Parliament and staff for their cooperation and support during his tenure.
Sources told the Nation that Mr Keino arrived at Parliament Buildings at 1 pm and proceeded to his office where he packed his bags assisted by a <foreign/>commissionaire. He then drove away to present himself at the KNA offices at Nyayo House at 2.15 pm.
He told the KNA reporter that he was relieved to see him and inquired whether a photo-copier machine was available. There was none and the reporter therefore copied Mr Keino's letter of resignation. Mr Keino then signed the copy.
However, he declined to answer any questions from the reporter, saying only that he should go by what he had by way of the brief letter of resignation.
Mr Keino's last official function was on Friday when he led the Freedom From Hunger Council pre-walk procession through Nairobi's streets which was flagged off by the Deputy Chairman of the Nairobi City Commission, Mrs Jane Kiano. .
W2C003K
We refuse to be pushed, says Moi
President Moi yesterday rejected any attempts to push Kenya into adopting multi-party politics.
Political pluralism, he declared, should not be imposed on the people or introduced prematurely.
Speaking during the State opening of the fourth session of the Sixth Parliament, he said that a multi-party system could threaten national unity, given the stage of the present economic, social and political development.
And he pointed out that Kenyans were not opposed to the multi-party system because of ideological reasons or designs by those in leadership to impose their will on the people.
"What we have said is that until our society has become cohesive enough so that tribalism is of no significance in the economic and political activities of the nation, the strategy of a mass based, democratic and accountable one-party system is the best in our nation-buildings efforts," he said.
Without unity, he said, the country would have no base for effective nation-building efforts.
The President said that this was not the view of a few individuals. "Our people, during the Kanu Review Committee's hearing and debates at the Special Kanu Delegates' Conference at Kasarani held last December, strongly reaffirmed their faith and commitment in a one- party system for the time being."
He told MPs not to shy away from telling others about what they believed was good for the people of Kenya and their country.
He told Kenyans to be aware of those, within and without, who would wish to control and weaken the country through ideological arguments, or false promises that the economic hardship facing the country would disappear if the Government abandoned some of the basic principles which guided it.
The President said there were hundreds of unsolicited suggestions by outsiders as to how Africans should manage themselves and their economies.
He said: "Some of the suggestions, especially those in the economic areas, have been useful and many African countries are now embarking on their implementation."
But when it came to the issue of political management, he added, the objectivity of some of the advisers appeared doubtful.
The President said it also appeared that there was little patience or willingness on their (outsiders) part to listen and learn.
He said that the advice now strongly being given to African countries was to embrace the multi-party system.
"As I have said before, political developments of that kind should not be imposed on people or be introduced prematurely. We have enough evidence in Africa to show that tribalism should not be ignored in these matters. In fact, even in some countries of Europe, tribalism is still a factor after hundreds of years of nationhood."
The President said that change could not be pursued merely for its own sake.
There are certain principles that must remain inviolate even as we change, he said, adding: "Parliament must remain supreme and the sole entity within our nation that has the right to make, set aside and over-ride laws. This nation must remain a nation governed by the rule of law."
By the rule of law, he said, he was not merely referring to the obligation of the Government to govern in accordance with the laws, but was also referring to every citizen's obligation to comply with the laws enacted by Parliament.
The President said that there were certain aspects of the law indeed, the Constitution, which some people within the country and some of their friends abroad might not like.
He continued: "These include the provision which in 1982 made this country a one party State when it had been so in fact since 1969. They also include various laws which Parliament in its wisdom passed to give provisions as well as to protect law and order. These provisions have served as well, we cannot discard them merely for the sake of doing what is fashionable elsewhere."
President Moi said that today, national tragedies brought about by selfish and ethnocentric interests were evident.
"In Africa, many attempts at reconciliation have floundered on these narrow interests. In some cases nations have been torn apart by ethnic and sectarian violence. Given the great costs in lives and property inherent in such violence, it is important for us to avoid rushing into discarding a system of laws which has proved itself as an effective unifying factor of our national life in favour of experiments of doubtful consequences."
But the President said that Kenyans were free to debate what kind of laws they wished to have under the Constitution and a minority had the right to continue expressing its views even after the majority had decided what was good for the nation. 
However, he pointed out that free speech did not bestow upon any citizen the right to disobey the law. The President added: "All liberties and rights carry with them this obligation: to obey the law and to so conduct oneself as to ensure that one's liberty and rights are not exercised at the expense of someone else's liberty and rights."
The President assured Members of Parliament that his Government would protect the dignity of the House by enforcing the laws which it had passed.
And he warned: "Those who have chosen the path of agitation; those who wish to mock this House by flagrant disregard for the laws passed by Parliament, will face the full rigour of those laws. We can debate about the merit of this or that law; but there can be no debate whatsoever about the obligation of all citizens to obey the law of the land, for without laws a nation soon degenerates into anarchy."
The President had earlier observed that, outside the country's borders there had been a growing atmosphere of instability.
"We have had to call upon our meagre and scarce resources to cope with the influx of refugees from neighbouring countries. We had to mount extra-ordinary measures to provide security to our citizens and their property against the possibility of a spillover of violence into the country".
He called upon the House to take note of these developments, "which, unfortunately, are likely to persist for some time, for they have serious budgetary implications for the Government."
President Moi said the Government would do all in its power to continue fostering the spirit of good neighbourliness in these difficult times.
In particular, he added, the Government would ensure that those offered refuge in Kenya would not abuse the hospitality given by engaging in political activities directed against the authorities in their countries of origin.
"On my part, I shall continue to do my utmost in working for peace in our continent. I trust that in those efforts I shall continue to enjoy the full support of all the Members," the President said.
He observed that developments and trends at the international level had continued to be largely hostile to Africa's efforts for economic and social growth.
"In fact, the adverse force of the factors involved appears to be intensifying as we enter the 1990s. Whether one looks at commodity prices, levels of economic assistance, direct investment or even general political interest Africa is becoming increasingly marginalised in the world economy."
Ouko: Speaker silences Biwott
An attempt by Mr Nicholas Biwott to read a statement in the House on his alleged complicity in the murder of former Foreign Affairs Minister Robert Ouko failed yesterday after the Speaker ruled the matter sub judice.
Mr Biwott had told the House he wanted to read the statement because he "had been libelled and maligned more than any other politician in Kenya during the last two years".
The former Energy Minister, who wielded the lengthy statement he wanted to read, said he had "deeply agonised over issues levelled against me at the defunct Ouko judicial commission" and wanted to "come out clean" over the whole affair.
He said that he had earlier promised to make a statement in Parliament after the Commission of Inquiry concluded its work.
Mr Biwott, the Kerio South MP, said he was now free to comment since the Commission had been dissolved. He added that the Commission was terminated before he could appear before it.
He said that as soon as Scotland Yard's Supt (Rtd) John Troon started giving adverse evidence against him, he dispatched his advocates to Kisumu to appear before the Commission.
"The Government terminated the Commission and I was held in police custody for two weeks. I was thereafter released because there was no evidence to sustain a case against me," he said.
He said that one of the allegations made against him was that there was bad blood between him and Dr Ouko during President Moi's January-February 1990 visit to the United States.
At this juncture, the Nyeri MP, Mr Waihenya Ndirangu, rose on a point of order and cautioned the House that matters touching on Dr Ouko's death were sub judice.
"The mysterious disappearance and death of Dr Ouko have never been resolved. As we sit here, Jonah Anguka is in custody after being charged with the murder of Dr Ouko," he said.
The Attorney-General, Mr Amos Wako, and other MPs in the House, were apparently taken by surprise by Mr Ndirangu's point of order.
The Speaker, Prof Jonathan Ng'eno, asked the A- G to enlighten the House about the law before he could make a ruling.
But on a point of order, the Msambweni MP, Mr Kassim Mwamzandi, told the Speaker the point of order had been addressed to him and not to Mr Wako. However, Prof Ng'eno insisted that Mr Wako explain the law before he could make a ruling.
On another point of order, the Webuye MP, Mr Joash wa Mang'oli, said it was clear that matters in court could not be touched upon as they were sub judice.
The Speaker said he thought Mr Biwott was going to address himself to matters raised in the now-defunct Commission, but added that he would make a ruling after the A-G explained the law.
Mr Wako referred the House to Standing Order No 74, which says that no Member should refer to any matter which is sub judice or which is secret. "All matters before a judicial body are sub judice," he added.
"There are matters which were raised at the Commission which were pure hearsay and were not likely to be adduced in court," he said. However, he cautioned that House should not touch on matters relating to Dr Ouko's death.
The Speaker said he had not read what was contained in Mr Biwott's statement, but felt that there were matters which could infringe on what was being heard before a court of law.
He told Mr Biwott not to talk about anything to do with the murder of Dr Ouko.
Mr Biwott said that all he wished to say was that allegations made about him at the Commission were lies, and nothing else.
Earlier, Mr Biwott accused Finance and Society magazines of having libelled him.
He said that what had been written about him was "stupid" and he had first thought of suing the magazines but later decided they may not have enough money to pay him damages.
He criticised Finance magazine.
W2C004K
Amnesty acts against Kenya
Nairobi replies to set of charges
KENYA yesterday laughed at an attempt by Amnesty International to smuggle a set of resolutions through the European Parliament containing the usual claim that the advocates of "democracy" in Kenya are being denied their "human rights".
Copies of this set of proposed resolutions <-_was><+_were> circulated in Nairobi yesterday by the newly elected chairman of the Law Society of Kenya (LSK), Mr Paul Muite, causing a well- placed Government spokesman to comment:
"The fact that Mr Muite has allowed himself to be a distributor of such a document proves that he is an agent of Amnesty, an organisation which is always quick to come to negative conclusions about <-/Kneya> without making any effort to verify its conclusions by coming to Kenya."
We were unable to establish whether the resolutions have reached the European Parliament, which is based in Brussels, the Belgian capital, but it is clear that the draft had been made by Amnesty itself.
The telefax paper on which it is done bears Amnesty's name. And yet one of the proposed resolutions asserts that there are ..... reports from authoritative sources, including Amnesty International, of frequent and widespread abuse of human rights in Kenya in recent years, mainly affecting opposition figures who are campaigning for a multi-party democracy .... (sic!)"
In other words, Amnesty is trying, by trickery, to induce the European Parliament to endorse Amnesty's own self-portrayal as an "authoritative source".
Yet there is no authoritative evidence whatever in the proposed resolutions to prove "frequent and widespread abuse of human rights in recent years in Kenya affecting mainly opposition figures."
The word "mainly" implies that a number of non- opposition "figures" have also been denied "human rights". But they are not mentioned by name. It is only from among "the opposition" that any names <-_and><+_are> named.
They are George Anyona, Edward Oyugi, Ngotho Kariuki, Augustus Kathangu and Gitobu Imanyara. Thus Amnesty can produce only five names to prove that "human rights abuse" in Kenya is "frequent and widespread".
Of the first four, the proposed resolutions say that they have been "arrested and detained without bail ... on sedition charges ..." This charge is, of course, true, except that instead of the word "detained" the writer should have used the words "remanded in custody".
The word "detained" is preferred probably because it places the four accused on a par with Mr Kenneth Matiba, Mr Charles Rubia and Mr Raila Odinga - the only three being detained by Kenya without charge - who are claimed by the Western Press, politicians and "human rights watchdogs" to be the apostles of "democracy" in Kenya.
The Kenyan Government spokesman yesterday ridiculed this charge by reminding Amnesty that the four have been charged with criminal offences and are being tried strictly in accordance with Kenya's Criminal Code, a code borrowed mainly from the British system itself, a system with which Amnesty has never had any quarrel.
He pointed out that a 76-year-old woman was recently arrested and is being prosecuted in London for circulating a certain kind of literature because the literature did not caress the British Government.
Yet Amnesty had never said anything about this incarceration in London, although the charges were similar to those against Mr Anyona and his colleagues.
Instead Amnesty says, as a fact already proved, that "... these four political activists, who even the prosecution do not allege have used violence (sic!), have apparently been subjected to torture, ill-treatment and denial of access to lawyers and medical treatment ..."
The spokesman yesterday pointed out that the allegation about denial of lawyers was a blatant lie, saying that Kenyans knew to the contrary. He agreed, that the four had alleged in court that they had been tortured and denied medical treatment, and even food.
But he pointed out that the Kenyan Government had never hushed these claims, such as by prevailing upon the Press not to report them. He said that in any good legal system an accused was entitled to any claim however wild and that, as long as the claim was being made in a privileged forum, the Press had the right to report it fully.
The spokesman stressed, however, that the Anyona claims remained mere claims until the court should prove them correct or false. He recalled that the prosecution had denied the charges as vigorously as they had been made by the defence.
In any country ruled by law, they must, therefore, be left entirely in the hands of the judge or magistrate to use the evidence at his disposal to rule whether the torture and denial claims are correct or not.
In Britain itself, he pointed out, it would be sub judice and serious contempt of court to comment one way or the other out of court on a matter still before that court.
And yet it is these defence allegations that Amnesty adopts as the gospel truth and tries to use to prevail upon the European Parliament to take drastic economic actions against Kenya, ignoring completely the fact that in every court case, there are two sides and that a good reporter must report both sides fairly.
The <-/Governments> spokesman reminded Amnesty, moreover, that Mr Anyona, Mr Oyugi and their friends are not the only Kenyans who are in remand custody pending criminal hearings. He said that even in London there are a legion of people in such custody "who have been arrested and detained without bail..." Bail or no bail was an option recognised by all countries with an independent judiciary.
It must not be condemned, he said, only when it concerns a handful of individuals who, by their political <-_posturings><+_posturing/poses>, appear to the extremely prejudiced senses of Africa's political magistrates in the West to be the only disciples of democracy in Africa.
If custody, jail and even detention were what were at stake, the spokesman went on, and not political prejudice and self-congratulation, Amnesty would be seen to be speaking boldly for the hundreds of suspected criminals languishing in police custody, not only in Kenya but also in Britain.
To criticise Kenya's judiciary for recommending remand custody for a certain class of criminal suspects - just because those suspects caress deep-seated Western prejudices - was even to expose one's racism. "If Africans are doing it it must be bad, though Europe is doing it even more and is even the region which bequeathed to Africa its legal structure," the spokesman sneered.
In its proposed resolutions, Amnesty recommends to the European Parliament that it should be "... perturbed at the state of Mr Gitobu Imanyara, journalist, lawyer, human rights activist and editor of the Nairobi Law Monthly ..."
It says that Mr Imanyara was arrested on March 1, "after the publication of an issue of the Nairobi Law Monthly which had been seized by the police two days earlier and which contained an editorial criticising the Government for tribalism and the manifesto of a new banned opposition party, the National <-/Domocratic> Party ..."
Here again, the spokesman commented, "fact is mixed with fiction". He admitted that the publication had been confiscated by the police and that Mr Imanyara had been arrested after carrying those particular articles.
But he asked: "How can anyone ban a political party which does not <-/exsit>? He added: "If the articles claimed to be seditious are not seditious and the sedition charge is not adequately supported by Kenya's laws, it is only for the court to decide, and again it is sub judice and contempt of an African court for Europeans to suggest that the Kenya Government has no right to arrest and prosecute anybody suspected to have committed a crime."
The Amnesty statement goes on: "Mr Imanyara had been awarded the Golden Pen of Freedom by the International <-/Feeration> of Journalists for his merits in the field of the defence of human rights and free speech."
This fact is, in fact, reported in the controversial issue of Law Monthly itself. But the spokesman commented that it was totally irrelevant to the issues raised by the Amnesty proposals against Kenya.
He said it only proved that Mr Imanyara was in league with journalists against whom all Third World countries have been complaining throughout the seventies and the eighties. It proved that Mr Imanyara was one of Africa's writers for whom all judgements by Western journalists and politicians were always the gospel truth.
The spokesman said that, in any case, throughout the fifties, sixties and seventies, the Soviet Union had awarded the Order of Lenin to certain Americans who would have been hanged at home. A foreign honour, he concluded, did not shield an individual from the legal process in his own country.
The Amnesty proposals report that while Mr Imanyara had been in remand custody, "he may have been tortured by the Department for State Security Intelligence, as many other political prisoners have been ..."
Again it adduces no evidence for the latter remark. But the spokesman burst into laughter when we read out this bit to him. "Who can take seriously an organisation which pillories a whole country for imaginary sins when that organisation has no evidence except 'maybe'?"
The London report goes to tell the European Parliamentarians that "... on March 3 ... two journalists on the Weekly Review were beaten on the orders of Mr Biwott, Kenya's Energy Minister ..."
Again this is reported as an unassailable fact. The reported story - and one which has been roundly <_/condemed> by Kenya's own Press - is that the two journalists were caned by Mr Biwott's aides.
But nobody has ever produced any evidence that Mr Biwott did the ordering. Whether one likes Mr Biwott or not - and, like every politician, he has many enemies - it is difficult to imagine that a man of his experience would order such a thing at a <-/criticl> time in Kenya's political history, the spokesman argued.
He pointed out that such misguided robustness by aides of certain politicians, and even by certain policemen and administration officials, has been reported in Kenya's own newspapers. And it has received the condemnation it deserves and even landed the culprits in court, who were often convicted and punished.
The spokesman reiterated that it was no more Government policy to cane people in such circumstances - or in any other - than it is a policy of the Government of President Bush that policemen should subject suspects to such brutalities as are now rocking the city of Los Angeles.
The White House had no more to do with it than State House, Nairobi, had to do with the alleged clobberings, he said. For even were Mr Biwott to be behind them, they still would not constitute Government policy and practice, he added.
Nevertheless, the Amnesty resolutions could still call "on the Bureau of the ACP - EEC Joint <-/Assemby> to send a mission to <-/Kenyan> to investigate the violations of human rights, draw up a report and recommend what action should be taken."
In other words, Amnesty was saying that it had no real evidence for its claims.
It "calls on the Commission and Council to make representations to the Kenyan authorities, pursuant to the Fourth Lome Convention, and to consider the possibility of suspending application of the Convention in so far as its Article 5 is not being respected."
It "calls on the Kenyan authorities to respect Articles 18 and 19 of the Universal Declaration of Human Rights by immediately releasing Mr Imanyara who was arrested solely for peacefully expressing his views, and Mr Matiba, Mr Rubia and Mr Odinga, detained indefinitely without trial."
It suggested to the European Parliament to "support the call by Amnesty International for the immediate release of the four opposition activists who are on trial and for an impartial investigation into their allegations of torture."
It "<-_call><+_calls> on the Council and Commission to make representations to all the states providing military aid to Kenya, in particular the United States, with a view to halting such aid forthwith."
It asks Parliament to "instruct its President to forward this resolution to the commissioner, the Council, the Kenyan authorities and the ACP-EEC Joint Assembly."
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Law monthly free to print
Thanks, Imanyara tells Wako 
THE Attorney-General, Mr Amos Wako, yesterday lifted the ban imposed by his predecessor, Mr Justice Matthew Guy Muli, on the Nairobi Law Monthly magazine.
Immediately after the ban was lifted, the Editor-Publisher, Mr Gitobu Imanyara, said the new AG's move would go a long way to "undoing the harm done by Mr Justice Muli to the publication.
Mr Imanyara pleaded with the AG to unban other prohibited magazines - the Christian magazine Beyond, the Financial Review and Development Agenda, all banned by Muli.
The lifting of the ban on the Nairobi Law Monthly is contained in a legal notice No 274 in the official gazette.
The AG said he was making the order - the Prohibited Publications (Revocation) Order 1991 - in accordance with the powers conferred on him by section 52 of the Penal Code.
Said Mr Wako: "This order may be cited as the Prohibited Publications (Revocation) Order, 1991. The prohibited publications order, 1990, is revoked."
On banning the magazine last October, Mr Justice Muli said in a legal notice 420, 1990: "In exercise of powers conferred to me by section 52 of the Penal Code, the AG makes the following order: the prohibited publications Order 1990. All past, present and future issues of the periodical publication entitled Nairobi Law Monthly printed and published by Kaibi Limited, Tumaini House, 4th floor, Nkurumah Avenue, P.O. Box 53234, are declared prohibited publications."
Development Agenda was banned on August 25, 1989, together with the Financial Review. Beyond, a publication of the National Council of Churches of Kenya, was banned in March, 1988, after publishing articles attacking the queue-voting system.
Yesterday, Mr Imanyara went to court to contest the banning of his publication only to be told of Mr Wako's move. Mr Imanyara said it was a cause for jubilation to himself and the whole staff of the magazine.
"We celebrate and rejoice that Mr Wako is undoing some of the harm that his predecessor had caused us," said Mr Imanyara in a statement read by phone to the Kenya Times.
He said Mr Wako's act of restoring legality of the magazine had affirmed his commitment to the rule of law. It had also affirmed a principle "deeply cherished by all those who believe in a free and independent Press".
Mr Imanyara said, it indicated that ideas could be better met with ideas and not might. "Those who meet ideas with a show of might only served to vindicate the very ideas they wish to suppress," said Mr Imanyara.
Immediately after Mr Imanyara's publication was banned last year, the editor proceeded to court seeking to have the ban revoked.
He claimed in his suit that the order made by Justice Muli to ban his publication was in breach of the Kenya's municipal and international legal obligations including the universal declaration of human rights, particularly article 19.
Mr Imanyara said then that section 52 of the penal codes cited by Justice Muli, to ban the magazine was a pre-1963 provision imposed on Kenya in 1930 for the purpose of controlling and prohibiting the expression of opinion against the perpetuation of colonial rule and a demand for independence.
He said the provision, which still exists in our penal code, was inconsistent with the ideals of the Republic, which envisaged a tolerant society.
The Law Monthly, before its banning, had published what was seen as an offending edition, headed "The Historic Debate".
The offending edition of the magazine dwelt on the law, democracy and multi-party politics in Kenya.
Mr Imanyara, who was released from detention and sedition cases facing him subsequently dropped , pleaded with the Attorney-General to rescind his decision saying the banning meant all the Kenyans who had copies of the Law Monthly were liable for prosecution.
However, a court order gave Mr Imanyara to go ahead to continue publishing his magazine pending hearing and determination of his case.
However, Mr Imanyara faced new problems in February, this year, when he published another article in his Law Monthly entitled "Tribalism".
He was picked up soon after the publication of the editorial and was only released on May 28 after the A-G entered a <foreign/>nolle prosequi<foreign/> against the sedition charges facing him.
Njonjo is in Ford - Odinga
Ex-Minister offers to give cash aid
FORMER powerful Minister for Constitutional Affairs Charles Mugane Njonjo has joined Ford and agreed to assist the party with cash, the interim party chairman, Mr Oginga Odinga, said yesterday.
Mr Njonjo held an hour-long meeting with his long-standing political foe, the interim chairman of the Forum for the Restoration of Democracy, Mr Oginga Odinga, at the <-_former's><+_former> <-_Muthaiga><+_Muthaiga's> residence. Mr Njonjo agreed to join the party as "an ordinary member" and to assist it financially.
The meeting which was held between 8.30 and 9.30 am, was also attended by Ford activist Paul Muite, who is Njonjo's lawyer and who has been accused of fronting former Minister. Njonjo's wife, Margaret, joined the talks over tea.
Confirming the meeting, Mr Odinga told the Kenya Times that the talks were "fruitful," saying that he made the initiative to meet the former minister.
"He willingly agreed to join Ford as an ordinary member and said he was ready to assist us financially," Mr Odinga quoted Mr Njonjo as saying. But efforts to confirm this from the horse's mouth were fruitless. Mr Njonjo told us through the Post Office that "he does not talk to the Press".
Mr Odinga said Mr Njonjo did not indicate that he was interested in the party leadership.
Asked whether the former Minister indicated the amount of money he was willing to give the party, Mr Odinga said: "We gave him our request and left him to ponder over it. However, he agreed to help us."
Mr Njonjo's low profile and silence amid a <_/ranging> political storm had kept people guessing about his intentions.
The former Attorney-General who in his political peak in the early '80s was regarded as an institution unto himself, went down disgracefully in 1983 when a Commission of Inquiry found him guilty of attempts to grab leadership from President Moi through unconstitutional means. His re-emergence and support for the Ford is likely to change the leadership equation of the party markedly.
Yesterday, Ford's publicity and information committee chairman Gitobu Imanyara issued a press statement saying the meeting between Odinga and Njonjo was no secret.
"For public record, it is also acknowledged that the meeting this morning (yesterday) between Mr Njonjo and Mr Odinga was no secret. Nothing sinister was discussed," said Imanyara's statement.
Ford is scheduled to hold its grassroots elections from August 1, culminating with the party's annual delegates congress on August 22 and 23, where the party's top leadership and other officials will be elected.
The party, however, seems to be in financial problems and on Thursday, the national steering committee meeting started a series of <ea/>harambees to raise money for the party's election. During the meeting at Ufungamano House, a total of Sh4,339,203 was pledged with Sh468,000 raised at the meeting.
The party's estimated budget for the elections stands at Sh13 million and a source from the Ufungamano meeting told the Kenya Times that apart from the pledged <-/monies>, the party will approach individuals and foreign missions based in Nairobi for more money.
Yesterday's meeting between Mr Odinga and Mr Njonjo could be the first move by Ford to approach individuals to fund the party.
Since Ford was registered early in the year, there has been talk within the party that lawyer Muite, who is a Ford national steering committee member, has been fronting for Mr Njonjo in the party as a future president.
Political observers have also said that the recent campaigns by Mr Muite in the Kikuyu constituency were to prepare the electorate for a political comeback of Mr Njonjo, who resigned as the area Member of Parliament on June 30, 1983 after publicised accusations that he was plotting to overthrow the Government of Kenya.
The Njonjo-Odinga marriage is a curious issue given that it is widely believed that Mr Njonjo played a major role in the post-colonial political problems that Mr Odinga was faced with including detention.
The 72-year-old was Kenya's first African Attorney-General in independent Kenya. He was appointed to the post by the late President Kenyatta in 1963, a position he served for 17 years before retiring in 1980 to vie for the Kikuyu Parliamentary seat, which he won and held until 1983 when he resigned.
Mr Njonjo's worst political time dawned when he was accused of plotting against President Moi in 1983. He was suspended from the Cabinet after which he had to face a public commission of inquiry to probe his conduct.
The commission was to inquire into allegations that Mr Njonjo was involved in a conspiracy to overthrow the Government in August, 1982.
Among other allegations inquired into were that Mr Njonjo acted against the country's interest and policy of maintaining good neighbourliness and opposing the inhumane regime of South Africa. Mr Njonjo was said to have been party to a conspiracy to overthrow the Seychelles Government.
The commission was also to inquire into allegations that Mr Njonjo had misused office as A-G and as minister, in that he arrogated to himself the duties and powers of the President.
The commission, which was headed by the late Justice C. H. F. Miller sat for 109 days at a cost of Sh8.95 million.
Mr Njonjo was represented in the commission by a prominent Briton lawyer W.S. Deverell and Mr Paul Muite. The commission finally found Mr Njonjo guilty of most charges, especially those to do with undermining the State and the President. But President Moi later pardoned him on grounds of age and his long service in public service. Mr Njonjo was, however, expelled from Kanu on September 14, 1984.
Mr Njonjo had during his career as A-G and Minister crossed swords with most of the current Ford Leaders.
But a political observer and a Ford member confided to the Kenya Times that following the formation of Mwai Kibaki's Democratic Party of Kenya and fears that Kanu was still entrenched in the Kikuyu community, Ford has been shopping around for respected and senior Kikuyu leaders to further split the Kikuyu vote and have the votes of Luhyas and Luos carry the day for Ford.
Our source said apart from the finance issue, Ford found Mr Njonjo the right man to subdivide the Kikuyu vote in Central Province and more so in Kiambu District, where he has a large following.
Somalis free Kenyan airmen
3 officers welcomed in Nairobi
THE three '82 Air Force officers who were captured by a Somali rebel faction 12 days ago when their helicopter strayed into Somalia, returned to Nairobi yesterday.
The three arrived at the Wilson Airport, Nairobi, at about 1.45 pm aboard a chartered flight. Their helicopter strayed 170 kilometres into Somalia, when they were nabbed by a faction of the Somali warlords.
The release of the three officers, Captain Makaka, Lieutenant Otieno and Sergeant Siso, was facilitated by the office of the United Nations Secretary-General's special representative to Somalia, Ambassador Mohammed Sahnoun.
The three officers were met by senior '82 Air Force officers and the American Ambassador to Kenya, Mr Smith Hemptsone. They were immediately whisked away in two military vehicles.
The three airmen who wore casual T-shirts, jeans and jackets looked worried and haggard but obviously happy to be back home. They were not allowed to talk to the journalists as they were led to awaiting military cars.
The officer in-charge of the reception team, Brigadier Nick Leshan, told newsmen that the
three officers would first be taken to the Forces Memorial Hospital for medical check-ups.
However, none of the officers showed any signs of physical torture.
Brig Leshan said the officers flew to Kenya from Mogadishu. He also confirmed that the Kenyan helicopter impounded by the Somali faction had not been released.
The three '82 Air Force crew left their Eastleigh airbase on September 23 for a routine duty in Mandera and were due to return to base through Garissa. However bad weather forced the
pilot to stray 90 nautical miles into Somali airspace.
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Imanyara's lawyer storms out of court
A lawyer representing the ailing Mr Gitobu Imanyara in a constitutional reference yesterday stormed out of a Nairobi High court after her request for an adjournment was rejected.
However, this did not stall the hearing as the Deputy Litigation Counsel, Mr Moijo ole Keiuwa, continued with his submissions.
And in another court, Mr Justice David Christopher Porter dismissed a fresh bail plea for Mr Imanyara, but on condition that he remains in the custody of the Kenyatta National Hospital where he is being treated.
Ms Martha Njoka, one of three lawyers representing Mr Imanyara, withdrew after Mr Justice Norbury Dugdale dismissed her application for adjournment because Mr G.B.Kariuki, who is leading the case, was still "indisposed".
She said that she had no instructions from lawyer-cum-journalist Imanyara to proceed with the suit in Mr Kariuki's or Mr Imanyara's absence.
Ms Njoka stormed out of the courtroom at 3 pm. She told the court after her application was dismissed with costs: "May I then be allowed to leave because I have no instructions to proceed with the case."
Mr Justice Dugdale then asked Mr Keiuwa what he intended to do with the application. Mr Keiuwa said he was ready to make his submissions in the application, which he attacked as being "misconceived." He said the applicant had not proved the alleged inconsistencies in the sections of the Constitution Mr Imanyara was complaining of.
In his ruling, Mr Justice Dugdale reminded Ms Njoka that when the parties were before him last April 30, the court ordered that the case would continue yesterday even if Mr Kariuki was still unwell. The judge noted that Ms Njoka and the other lawyer, Mr Japheth Shamala, were experienced enough to proceed with the case in Mr Kariuki's absence.
To which Mr Justice Dugdale remarked in his ruling: "You visited Mr Imanyara at the Kenyatta National Hospital yesterday, but failed to visit Mr Kariuki to obtain instructions over this matter."
The judge said Mr Kariuki had declined to ask his physician, a Dr Gikonyo, to report to the court the nature of his illness as directed earlier.
During the hearing of the plea for adjournment, Mr Keiuwa urged the court to order Mr Imanyara's lawyers to disclose reasons for their reluctance to proceed with their own application.
Mr Keiuwa submitted that the section under which the application had been brought to the court required the matter to be dealt with as soon as possible.
But Ms Njoka took great exception to Mr Keiuwa's remarks which allegedly insinuated there were reasons other sickness on the part of their client and the leading counsel, Mr G.B.M.Kariuki, that prompted her to seek for an adjournment.
"My lord, I take great exception to the remarks by my learned friend (Keiuwa) that there are other reasons behind the applicant's (Imanyara) move to seek an adjournment other than the ill-health of the leading counsel," she told Mr Justice Dugdale.
And she claimed the remarks were baseless and made in bad taste. She challenged Mr Keiuwa to tender evidence to show Mr Imanyara's application for a constitutional matter was made <foreign_>male fides<foreign/>.
If Mr Keiuwa had such evidence, said Ms Njoka, then it was his obligation to lay it before the court. "A court of law does not act on insinuations... It is  serious allegation."
Mr Imanyara's constitutional reference seeks to strike out of the Laws of Kenya the Constitutional (Amendment) Act No. 7 of 1982.
Ms Njoka said she and Mr Japheth Shamalla could not proceed with the case in absence of Mr Kariuki because the latter had obtained instructions from Mr Imanyara, himself an advocate, about a research material document confiscated by the police when arresting Mr Imanyara in March. She said the document was very vital for their case.
At one point, Ms Njoka complained: "My lord, you seem not to take pleasure in any of my submissions..."
"But I am trying to assist you," Mr Justice Dugdale told her.
She submitted that her role and that of Mr Shamalla were merely supportive. Mr Kariuki, as the leading counsel, had Mr Imanyara's instructions to direct and conduct the application.
"The role of the leading counsel and that of supportive counsel are totally different," she said.
Mr Kariuki felt ill on April 29.
Yesterday, Ms Njoka reminded the court it had directed on April 30 that the case would continue yesterday even if Mr Kariuki was still indisposed.
"Today's date falls within the day the doctor ordered Mr Kariuki to rest. Mr Kariuki has requested for adjournment... he had agonised over this matter and found it difficult to balance the interests of his client and those of his health," she added.
"I am now in a dilemma, having seen Mr Imanyara in hospital yesterday, where he has been for two weeks now. It is unfortunate that Mr Imanyara is not here today. I urge the court to adjourn this matter as I have no instructions whatsoever from Mr Imanyara to proceed with this matter."
But Mr Keiuwa submitted: "This is not the place or time for Ms Njoka to come and say we have not been instructed."
He said the application was brought under Section 84 of the Kenya Constitution and "I submit that the only primary object of an application under this section is to obtain a speedy trial of the application as opposed to the filing of a plaint...
"That was why Mr Imanyara was given an immediate hearing date... The law requires it be discarded with as soon as possible."
The hearing continues.
Meanwhile, Mr Justice Porter ruled in the Imanyara bail case: "Should the authorities there (at Kenyatta Hospital) - as a medical consideration which is not a matter for me - decide that he should not remain there, then I would invite further application on this matter on behalf of the applicant."
He said continued remand of Mr Imanyara in custody would exaggerate his fits, and might cause him injury or loss of life, writes David Rogoncho.
The judge said that the regular diet recommended by Mr Imanyara's doctors was extremely difficult for the prison staff to undertake.
"I am not satisfied that the prison authorities will be able to provide the facilities which are clearly absolutely necessary in this case," he said while referring to the publisher's medical report.
However, the judge said there was still a danger for Mr Imanyara committing offences while out on bail.
He referred to the offences Mr Imanyara allegedly committed as certain acts with an intention to bring into hatred or contempt or to excite disaffection against the Government of Kenya contrary to the legal provisions.
At the same time, Mr Justice Porter thanked Mr Imanyara's two doctors for their unbiased assessments based "on the best information available at the time the reports were written."
The judge said: "In simple terms then, I find on the evidence before me that weighing everything together, Mr Imanyara should remain in custody, if his place of custody is to be under the care of the Kenyatta national Hospital, but not if he is to be returned to remand prison."
Mr Imanyara, the Editor-in-Chief of the Nairobi Law Monthly magazine, has been in remand for the past 66 <O/> since he first appeared in court on March 5.
The hearing of his fresh bail application started in the High court on May 2 in camera, having been filed by a Nairobi lawyer, Dr John Khaminwa, after the publisher suffered fits.
Chief Magistrate Omondi-Tunya rejected the application last week but ordered that Mr Imanyara remain in hospital.
Regarding speculation that Mr Imanyara had suffered brain damage after <O/> under torture, Mr Justice Porter said yesterday: "I am happy to dispel this misconception. There is no medical evidence whatsoever of such a misconception, and those representing Mr Imanyara... have not put such a suggestion forward."
Forgery earns MP 12 months 
The MP for Kasipul-Kabondo, Otieno K'Opiyo, was jailed for 12 months yesterday for forging documents from the Ministry of Agriculture and Livestock Development.
"The accused went out of his way to alter documents relating to products that he had bought from the Kenya Meat Commission," said Nairobi Chief Magistrate <-/Uniter> Pamela Kidullah.
The MP was found to have altered a figure of 25 cases of beef to 156.
Mrs Kidullah said the accused was a Member of Parliament but "the laws are not meant for the ordinary mortals while the <-/enacters> are above it.
"The accused was in the best position to know what was right and what was wrong, what was lawful and what was not."
Attempts by K'Opiyo's three lawyers to have him released on bond pending appeal were rejected by Mrs Kidullah, who said she had considered all the mitigating factors by defence counsel Miss Anne Mwaura, Mr James Orengo and Mr George Kaptein, especially the fact that he was a first offender.
The Magistrate rejected counsel's plea to give their client a non-custodial sentence because he was an MP.
Miss Mwaura told the court that the MP would lose his Parliamentary seat if imprisoned.
The legislator was given 12 months' imprisonment for forgery and eight months for uttering false documents, the sentences to run concurrently.
Dr K'Opiyo was allowed 14 days to appeal against conviction and sentence.
"The principles of sentencing call for a first offender being treated leniently and not being sent to prison but being left in the community for the purposes of rehabilitation," Mrs Kidullah said.
"Against these mitigating factors, I have considered the circumstances of this case and the very fact that the accused went out of his way to alter documents purporting to show that the documents had been duly authorised and signed by a Dr Mbaabu of the Agriculture and Livestock Development Ministry based at the KMC, Athi River.
Mrs Kidullah said the laws were enacted to govern everybody and to be obeyed by all.
Going out of his way to break the law was most reprehensible and the only way everyone could see the law was for all and sundry was to punish the accused adequately, she added.
The bespectacled K'Opiyo wore a dark suit and blue shirt.
K'Opiyo was elected FORD Kenya MP for Kasipul-Kabondo at the General Election with 30,018 votes against 1,340 for this nearest rival, Mr William Otula of PICK. The Kanu candidate got 362 votes.
Miss Mwaura said K'Opiyo was a respectable citizen and was married with school-going children who depended on him. She pleaded for a non-custodial sentence.
Mr Orengo applied for bond pending appeal, arguing that K'Opiyo had returned from Germany last week, proving he would not abscond if bonded. The legislator has been on bond since 1992 and had never attempted to flee the country.
K'Opiyo pleaded not guilty to six counts of forgery and uttering false documents between December 1991 and February 1992. He was convicted on two counts only.
He forged a veterinary certificate purporting it to have been issued by Dr Mbaabu at the KMC.
He made it without authority showing it was for 156 cases of beef extracts for export instead of 25.
Mrs Kidullah ruled that Dr Mbaabu did not sign a veterinary certificate for 156 cases but for 25. "Alteration of figures was made to deceive," she said. She rejected K'Opiyo's defence that the had nothing to do with the documentation.
W2C007K
Leading Muite prosecution lawyer ...
Shah receives death threat
We know who the caller is, he says
A seasoned city lawyer, Mr A.B. Shah, who is prosecuting the widely publicised Muite contempt case, yesterday received an ominous death threat: "Get out of the office together with your partners and staff or be killed."
In what appeared a cloak-and-dagger game, a man speaking in what was described as "good English" and "sounding educated" telephoned Mr Shah's secretary, Mrs Betty Obala at 9.15 am, to issue the death threat.
"I panicked, yes," Mrs Obala told me. "I asked the caller if he wanted me to put him through to Mr Shah but he said he did not want to speak to a foreigner.
"Just tell Mr Shah to get out of his office together with his partners and staff within one hour or be killed," the secretary, who has been with Mr Shah since 1986, quoted the caller as saying.
Mr Shah, a specialist in civil cases occupies the entire sixth floor of Solar House, next to the National Housing Corporation (NHC) building off Aga Khan walk. He has 13 members of staff and four partners, Mr K.A. Shah, Mr Kiarie, Mr H.M. Parekh and Mr J.B. Patel.
Mr Shah, who received the news from his scared secretary in the law firm's library, later told the Kenya Times: "I did not get scared, but was concerned, I immediately telephoned Central Police Station and within 10 minutes, CID Inspector Herbert Kidiga arrived and took a statement from my secretary."
Asked if he had any information about the man behind the voice, Mr Shah was cagey: "For obvious reasons, I cannot tell you who it might be but we are 90 per cent sure that we know who it is. Then again we have not proof."
It is for this reason, Mr Shah guessed, that the caller did not want to speak to him directly because "he knows I may know his voice".
The Nairobi Provincial CID boss, Mr William Kipsanga, concurred with Mr Shah on that point. Mr Kipsanga, who deployed a team to investigate the death threat said the caller and Mr Shah may be known to each other and that may have been the reason the threat was passed on to the secretary.
The CID boss said they were taking the matter seriously. "This is a threat on people's lives and we don't take such matters lightly."
Asked if he had provided Mr Shah with security in view of the threat. Mr Kipsanga simply said: "We are investigating and so we have to be there."
Mr Shah said he had not asked for security but some form of protection for his wife and daughters. "I only have a huge Alsatian dog at home for protection and nothing else," he said and expressed the hope that police will do their job. But in case someone thought he was a weakling, Mr Shah said: "Of <-/cource>, I can't take this (threat) lying down."
Asked what went through his mind when he received the death threat, Mr Shah did not hesitate: "I remembered the threat I got on Tuesday in court from Mr (Charles) Nyamweya."
Mr Shah was referring to the near punch-up in court last Tuesday after he and Mr Nyachae traded insults when Mr Justice John Mwera had adjourned a case in which the Chairman of the Law Society of Kenya (LSK), Mr Paul Muite and six members of the society's council are facing charges of contempt of court. They face civil jail if found guilty of making political statements despite a standing court order restraining them from doing so.
Trouble started when lawyer G.B.M. Kariuki, who is defending the Muite group, applied for adjournment until Thursday because, he said, he had a case in Mombasa. Mr Shah would not hear of it and told Judge Mwera that the case should be fully heard and disposed of.
At that point, Mr Nyachae told the judge: "My Lord, may it be on record that Mr Shah does not have anything to do tomorrow. He doesn't even have any personal affairs to attend to."
An enraged Shah then stood up and pointing at his hair said: "My Lord, Mr Nyachae cannot even respect my age. He can't see my grey hair. He is only taller. He is thicker than I am. Even his brain is thicker than mine."
Judge Mwera cautioned Mr Shah that his statements would not be accommodated by the court. A fuming Nyachae thanked the judge for his "protection" saying: "I will deal with him outside after the end of this session."
After Judge Mwera left after adjourning the case, Mr Nyachae moved swiftly to where Mr Shah was standing leaning on the bench but lawyer Maxwell Ombogo, who was prosecuting the case with Mr Shah, got in between the two.
Said Mr Nyachae to Mr Shah: "You claim you have been in the bar for 27 years. Those are just 27 years of stupidity and nothing else."
Mr Muite who was just behind Mr Nyachae then posed: "Even after independence people can behave in such an unorthodox manner: 27 years of what?"
Meanwhile, another lawyer, also a defendant in the case, Ms Martha Njoka, was pleading with Mr Ombogo to clear the way so that Mr Nyachae can accomplish his "mission". She was shouting: "Leave Mr Nyachae alone to do what he wants. Why are you interfering? You are not party to his on the first place."
Yesterday, Mr Shah said in answer to a question that he would not have hit back should Mr Nyachae had punched him.
"I would have called the police. As I said then, Mr Nyachae is younger, bigger and stronger. I would have let the law take its course and I'm grateful to Mr Ombogo for having intervened."
Asked if he felt that a group of lawyers was hostile to him because of his Asian origin, Mr Shah, who has born in Kirinyaga 54 years ago and worked in Kenya since September 1963, and who was appointed a Commissioner of Assize by President Moi in 1986 along with five others, said:
"I'm a lawyer and I'm not a coward. I will continue to discharge my duties. When Mr (Muturi) Kigano called me a foreigner, the implication was that I should not be representing clients in court because I am an Asian. But then they hired Mr (Ishan) Kapila and his son."
Mr Shah confided that <-_yesterday><+_yesterday's> threat was not the first he had received.
He told me that on March 13 when he got a brief from Mr Ombogo on the LSK case, a man with a similar voice telephoned the office and asked to speak to his partner, Mr Parekh.
"The man instructed Mr Parekh to warn me not to take up the Law Society case or even take the brief. When Mr Parekh asked the caller to speak to Mr Shah, he refused, repeating the warning before hanging up."
Mr Shah also received another warning from an anonymous caller when he acted for lawyer Kokonya Mukolongolo in a suit in which he sought a court order to restrain Mr Muite and a group of other lawyers from convening a meeting at the Professional Centre to vote out the then chairman of the LSK, Mr Fred Ojiambo.
This time, a man called Mr Shah and demanded: "Why are you involving yourself in Law Society politics? What have you got to do with it? Keep off," Mr Shah, who is a member of the LSK, quoted the caller as saying.
Born in Baricho in Kirinyaga, Mr Shah was educated in Kerugoya and Kitale schools before joining Jamhuri High School, then Duke of Gloucester, then went to the University of Bombay in India and later Middle Temple College in London in 1962. He returned to Kenya where he was called to the bar the following year. He has since worked in the country's judicial system.
18 drown as rivers swell
City lecturer, wife among the victims
Eighteen people were yesterday reported to have drowned in separate incidents, among them, a Nairobi lecturer and his wife.
Seven of the victims perished in a single tragedy in Lake Victoria while five died in Machakos, as heavy rains continued to pound most parts of the country causing untold <-_devastations><+_devastation>.
This brings to 44 the reported cases of drowning in the last six weeks. At the end of March, four primary school pupils were among seven people reported to have drowned in separate incidents in various parts of the country. The most tragic was in Migori, where two brothers who were being taken to hospital by their father fell into the Migori River and drowned.
Five people, including a driver whose vehicle was swept away by the swollen Kajiado River, drowned in separate incidents over Easter.
A motor boat in which nine people were travelling between Siro Island, in Uganda, and Osieko beach in Busia, on the Kenyan side of Lake Victoria, capsized due to a strong wind on Saturday afternoon spilling the occupants into water.
Police said two of the victims, identified as Josiah Shikuku and Mrs Onukho, were rescued by fishermen. The rest whose names were listed as Johannes Ajuma, Samwel Wakhisi, Godfrey Okello, Majoni Okami, Amina Ahenda, Anthony Ondeke and Milly Buhima aged 4 were feared to have drowned.
Police said the victims were all residents of Osieko beach.
A police rescue team assisted by fishermen were still searching for the bodies.
In Machakos, five people perished on Saturday evening when a Volkswagen beetle they were travelling in was swept away in a flooded seasonal river.
Mr Alphonse Mbuvi Ndile, who was a lecturer at Animal Health and Industry Training Institute (AHITI), Kabete, Nairobi, was driving his vehicle when the tragedy occurred.
Mr Mbuvi, with six passengers in his car, was driving to his home in Mwala Location, after attending a funeral ceremony at Tala. As he tried to drive across the flooded River Nyunyumu, on the Kinyui-Mbilini road, the vehicle was swiftly swept down the rocky stream at 8.30 pm, police said.
Mr Mbuvi perished along with his wife, Josephine Mutio, 32. Another victim, identified as Patriciah Mbeneka, and her 1.5 year old son were killed, so was another four-month-old baby boy, the son of a Mr Pius Kivindu, according to the police.
Two people identified as Mrs Elizabeth Kivindu and Ms Veronica Mukeu, were rescued. Elizabeth was taken to Kangundo District Hospital for treatment.
Police said they had intensified the search for two of the victims (Mrs Mbuvi and Mr Mbeneka's son), whose bodies were still missing. Police had recovered three bodies, four kilometres downstream.
At Nguluni village, Kangundo, Machakos, Mr Kambua Mutulu went to fetch water from a nearby river that was swollen when he tripped and drowned. The body has been moved to Machakos District Hospital for an autopsy.
Two brothers, identified as Peter Paul Waithera, 5, and Joseph Njoroge Waithera, 4, were playing near a pit latrine under construction at their parent's home at Mattu, in Yatta location when they accidentally fell into it and drowned. Their bodies are at the city mortuary for a post-mortem examination.
Pius Ombewa Ogimbo, in an attempt to cross a swollen Nyakwere River, Ahero, Kisumu, for Sangorota Market, slipped into it and drowned.
At about 1 pm in the same area, Criphine Ochieng' Abok was found floating in the nearby River Awach. The body was fished out and taken to new Nyanza General Hospital for a post-mortem examination.
At Kowa village in Maseno, Kisumu, Andedo Odero Ogala was found floating in the River Awach on Saturday afternoon. The body was removed and taken to New Nyanza General Hospital's mortuary for an autopsy.
Police headquarters reported eight more people were killed during the Easter holidays in separate incidents countrywide.
At Undiret village, Nandi Hills, Kipwambok Kipyagan, 64, was choked to death by a piece of meat on Saturday. He had visited his neighbour, Hilary Kiprono arap Kiili and while having lunch, a lump of meat got stuck in the victim's throat.
Efforts to remove it proved fruitless. He collapsed and died. The body was moved to Nandi Hills Hospital for a post-mortem examination.
W2C008K
Koigi's mother relates ordeal
'They called me devil worshipper'
Mrs Monica Wangu Wamwere, the mother of Nakuru politician Koigi wa Wamwere, yesterday morning narrated her ordeal after being picked up by police officers on Wednesday morning from her Engashura home.
She said she had been subjected to 90 hours of intensive interrogation by the officers. Mrs Wamwere was released on Friday evening.
When reporters arrived at her house several kilometres from Nakuru town she remarked: <ea_>"Nguui ni nii muoka kugira"<ea/> (I thought you had come for me) mistaking the newsmen for police officers.
Mrs Wamwere, who looked tired and tense, told reporters how she had been quizzed by intelligence officers at the Provincial Special Branch Offices, Nakuru, and Bondeni Police Station before being set free on Friday at 6.30 p.m. The police gave her Shs 20 to board a <ea/>matatu to her home.
She bitterly recalled how one of the officers wanted to know how many times her son, Koigi, had slept at the farm house, if he had brought any guests, who paid the family telephone bills and if there were guns hidden in the compound.
"I told them I knew nothing of Koigi's whereabouts or movements as I am the mother and not his wife and could not be expected to know," she said.
She said that while the police officers were digging all over her compound looking for the alleged guns, one of them kicked her, sending her sprawling to the ground before the other officers intervened.
The officers were particularly interested in a spot where she had uprooted a banana tree claiming that guns had been hidden there.
After failing to find any of the said guns, the officers took her to the police station and later to the district Special Branch office before being taken to the Provincial CID offices. She spent the night at Bondeni Police Station.
"I protested to them as they did not even allow me to put on my headscarf or shoes," she said, claiming that she was at times made to walk around the main town centres barefoot with her hair uncombed.
Mrs Wamwere said she had not seen her son since 1986 and was not aware if he was in Nairobi or elsewhere in the country prior to his arrest.
"Why are these police officers asking me these questions and pestering me?" she asked in Kikuyu. She said they had been after Koigi ever since he got into politics and she did not see how she was involved.
"A man confides in his wife and not his mother," she said, adding that her son had not confided in her about his activities.
Mrs Wamwere said she had protested against her continued harassment by authorities who even demolished her house at a plot in Kabazi. Intelligence officers even barred her from addressing the Kanu Review Committee in Nakuru, she said.
Mrs Wamwere said she asked the policemen to tell her how her son got into the country. "Must a parent be killed on account of the activities of the <-/offsprings>?" she wondered. She said she told the officers that Koigi was knowledgeable and mature enough to do things on his own without parental supervision or permission. "You are the law, you have the long arm to get him and you can do with him what you will," was her reply to some questions posed by the officers.
"But what do you want with me?" she asked several times during the interview.
She said she told her interrogators that she knew nothing about the Kenya Patriotic Front that her son allegedly headed. She claimed that her son's entry into politics was engineered by the administration in 1985 during a by-election in Nakuru North.
"They insisted that he should go into parliament as he was forthright and vocal and now see what they have done to him," she said.
Koigi had been in a seminary for some time after which he worked with a bank before joining politics.
Mrs Wamwere showed reporters several places around the farm where the police had dug in their search for guns.
She said that upon her release she was told she could not be taken home as the vehicle had no petrol. She was, however, dropped 10 kms from her home.
Koigi's younger brother, John Njoroge, was also interrogated by policemen and told to report back to the station tomorrow, according to the family.
"They told me I would still produce the guns but I told them I knew nothing about guns," Mr Njoroge said.
The officers had also wanted to know why a local priest, Father Ogala, paid her (Mrs Wamwere's) telephone bills, yet he was not a Kikuyu.
Koigi and four other prominent people were arrested in Nairobi on Monday while allegedly planning to execute acts of sabotage and being in possession of weapons, a government statement disclosed.
Meanwhile, Dagoretti MP Chris Kamuyu, picked up by police at his Karen home on Monday morning, was still being held by the police, adds Haroun Wandalo. 
Cabinet reshuffled
President Daniel arap Moi yesterday announced a mini-cabinet reshuffle in which he switched two ministers, elevated an assistant minister, and promoted a member of parliament.
The mini-reshuffle was necessitated by the recent mysterious death of the Minister for Foreign Affairs and International Cooperation, the late Dr Robert John Ouko, and the sacking of a Minister of State in the Office of the President, Mr Johnstone Mwendo Makau, on March 2.
Mr Wilson Ndolo Ayah, the Minister for Water Development until yesterday, had been transferred to the Ministry of Foreign Affairs and International Cooperation to replace the late Ouko.
His place has been taken by Mr John Okwanyo, who has been the Minister for Regional Development.
Mr Mathews Onyango Midika, who has been an Assistant Minister for Labour, was elevated to a full ministerial position and becomes the new Minister for Regional Development.
The MP for Machakos Town, Mr John Kyalo, was promoted to become a Minister of State in the Office of the President and replaces Mr Makau.
Mr Ayah, 56, was born at Kitambo in West Seme location of Kisumu district about 20 miles from Kisumu town. After primary education, he did his "O" level examination at Maseno High School from where he proceeded to Makerere University, Uganda, to pursue a Bachelor of Arts degree in Economics, History and Mathematics.
From 1959 to 1961, he attended Wisconsin University, USA, where he obtained a Masters degree in Agricultural Economics.
In 1987 he was appointed to a full cabinet post as the Minister for Research, Science and Technology, replacing Mr Odongo Omamo.
Mr Mathew Onyango Charles Midika was born on August 19, 1937. He received his early education in Kenya. He attended Makerere University between 1962 and 1965 where he graduated with a degree in political science.
He was <-/fisrt> elected MP for Nyando constituency in 1974 and was re-elected during the 1979 general elections.
During the 1988 elections, Mr Midika managed to capture the Muhoroni seat. He was then appointed an Assistant Minister for Labour, a position he held until his present appointment as a minister.
Mr Okwanyo was born in South Nyanza in 1928 and received his early education at Kisii High School between 1946 and 1950 before joining the Medical Training Centre (MTC), Nairobi, where he qualified as a radiographer in 1953.
Mr Okwanyo was first elected to Parliament in 1969 to represent Migori.
He was appointed an Assistant Minister for Foreign affairs in 1969 and then a Minister for Industry in 1979 before moving to head the Ministry of Energy from 1980 to 1982.
Mr John Kyalo was born in Machakos in 1931 and attended Kabaa Intermediate School and Tororo High School in Uganda where he passed his school certificate in 1951.
In 1952 he won a government of India cultural scholarship and studied at New Delhi University until 1957 obtaining a Bachelor of arts degree in history and a Master of arts degree in political science.
Mr Kyalo contested Machakos Town parliamentary seat in 1983 but failed and again in 1988 when he trounced his sole rival, Mr John Mwanzia Kikuyu.
Ten perish in road horror
Ten people died on the spot yesterday while scores of others were taken to various hospitals in critical condition in yet another road horror involving a Nyayo bus and a lorry.
The accident took place along the Nairobi-Kangundo road.
There were fears that the death toll may rise sharply as more people whose number could not be established were expected to have died while undergoing treatment in different hospitals in Nairobi.
The ill-fated Kangundo-bound Nyayo bus Reg. No. KAA 805 P was trying to overtake a City Commission lorry Reg No. Kul 960 which was travelling in the same direction. The lorry allegedly swerved to the right and the bus hit it on the driver's side.
The lorry was thrown by the impact several metres from the road where its two rear wheels came off. The bus rolled three times throwing several passengers out through the windows and doors before landing on a number of them thus crushing and killing them instantly.
Witnesses said the lorry was ahead of the bus and the two vehicles were travelling on the straight stretch of the road when the lorry driver turned to the right. The bus then rammed on to the lorry.
For more than six hours, the scene on the busy Kangundo road was a beehive of activity as good samaritans stopped and tried to give first aid to the injured.
Police officers on patrol and scores of <ea/>wananchi took about four hours to turn the mangled body of the bus and retrieve the bodies reduced to pieces of flesh by the body. The bus wreckage was at last put on its fours with the help of a breakdown vehicle offered by a good samaritan.
Later in the day the scene then littered with carrots, maize and personal effects like clothes was like a mourning ground as dumbfounded <ea/>wananchi stared at the caked blood on the grass and soil from a safe distance narrating what they saw or <-/leard>.
A senior traffic officer with the National Youth Service which runs the Nyayo buses told the Standard on Sunday that the 2.10 p.m. accident killed eight people on the spot including two youths. Two more died while being taken to hospital, she said, and expressed fears that the number would still rise "given the intensity of the injuries sustained by survivors".
The bus was carrying over 60 people instead of the required 42. The final figure could not be established last night as victims had been taken to various hospitals and the police officers were still compiling the report as we went to press at about 8 p.m.
The bus had the whole of its left side turned into material as light as paper, about five seats ripped off while the <-/frontleft> side had been pushed inwards until the driver's seat protruded and <-_hang><+_hung> loosely in the air.
The front of the lorry which was said to be carrying a <-/turnboy> also (names withheld) <-/>also crushed inwards until the steering wheel broke out of the windscreen.
Meanwhile, two people were killed yesterday by sharks which attacked them as they swam at Likoni beach in Mombasa, adds <name/>
A police source told the Standard on Sunday that the incident took place at 5 p.m. near the School of the Blind at Likoni mainland.
The source said that the bodies of the two adults were removed to Coast General Hospital by the port police.
According to another policeman, who was in the scene, one man died after his hand was chopped off by the sharks while the other man had his buttocks and waist eaten up.
The police said the man whose hands were chopped off was seen by one of his friends who noticed him running away from the sea without one hand.
W2C009K
Eldoret Christians shut Bishop's office
The wrangle in the Eldoret Diocese of the troubled Church of the Province of Kenya deepened yesterday when 327 anti-Kewasis Christians declared the Bishop's office closed.
The new twist in the Eldoret See saga occurred at the end of a four-hour meeting at the pro-cathedral after an ultimatum issued to Archbishop Manasses Kuria to eject the Rev Stephen Kewasis for the post Bishop Commissar expired.
The meeting, which ended shortly after at 4 pm, was attended by the late Bishop Muges' widow, Herma the Rev Elijah Yego and the provost of the pro-cathedral, the Rev Stephen Ambani.
The Rev Kewasis did not attend the four-hour meeting at the pro-cathedral through he was reportedly seen in the area. He was also not at the office when the Christians later pinned a notice outside his office.
The wrangle at the diocese has been going on since the death in August, last year, of Bishop Alexander Muge, in a road accident. The Rev Stephen Kewasis was elected Bishop in a controversial election to pick Bishop Muge's successor three months after the prelate's funeral. The Rev Elijah Yego, who was one of the aspirants for the post, strongly opposed that election which was later nullified by the Archbishop Kuria.
Yesterday's meeting passed six resolutions:
The Rev Kewasis should vacate the Bishop's office as the seven-day ultimatum issued to Archbishop has elapsed. He should hand over all the diocesan property including all the vehicles.
They decided to suspend the "quarter funds" usually sent by the parishes to the diocese still <?/>stands 
Archbishop Kuria is spiritually bankrupt for asking what made the Eldoret Christians issue the seven-day ultimatum to him to remove the Rev Kewasis as the Vicar-General.
They have no confidence in Mr Samuel arap Ng'eny, a former Deputy Speaker of the National Assembly, as the chairman of the diocesan finance and laity committee and asked him to concentrate on politics.
The standing committee of the synod should write to the archbishop to call a special synod meeting by October 19, otherwise the meeting will be held in his absence.
They supported Mrs Muge's sentiments that a Nandi should be elected bishop of the diocese.
Yesterday, the Christians declared the office in which Rev Kewasis discharges his duties as the diocesan Vicar-General closed.
The office is located at the exclusive Elgon View Estate on the outskirts of the town centre.
After the meeting, they strode down the foot-path leading to the Rev Kewasis' office and pinned a notice on the door saying: "The Rev Kewasis is declared <foreign_>a persona non grat<foreign/> a and he should not enter this office. The <-_Bishops'><+_Bishop's> office is now closed. The only favour the Rev Kewasis can do is to resign."
The group had moved to the office in several vehicles which included saloon cars and pickups. As the drama unfolded, with the Christians thronging the path to the <-_Bishops'><+_Bishop's> office, Rev Yego was heard shouting: <ea_><ea/>. (Where is the glue, take it to the door so that it can be used to stick the notice and we conclude this matter.)
After the notice was pinned on the door, the Christians assembled outside the diocesan compound where the Bishop's office is and held prayers led by the Rev Mark Sang who heads of the Turbo parish.
In his prayers, he said the Christians were following the path of justice, truth and fairness. He urged God to iron-out the stalemate in the Eldoret diocese stressing that it was the Christians hope that the on-going acrimony would now cease without any obstacles.
After the five-minute prayers, the group dispersed and some boarded vehicles to ferry them to their respective homes while others walked home.
Meanwhile, a group of five Christians dismissed as an "absolute farce" the actions to close the office. They said the affairs of the diocese should be conducted in a civilised straight and orderly fashion.
Anglican Archbishop Manasses Kuria on September 8, 1991, scoffed at a seven-day ultimatum given to him by some Eldoret Diocese faithful to eject the Rev Stephen Kewasis from the post of Bishop Commissar.
Archbishop Kuria also rejected a proposal to have a Nandi elected to the post left vacant after last year's death of Bishop Alexander Muge.
The primate asked: "Who are they?" referring to the Christians who issued the one week ultimatum. He said the CPK constitution must be followed.
The CPK head said that the Eldoret Electoral College had powers to elect a bishop of good standing irrespective of his ethnic group or origin.
Earlier press reports had said that more than 100 Christians of the Eldoret Diocese had given Archbishop Kuria seven days in which to remove the Rev Kewasis from the post of Diocesan Bishop Commissar and Vicar General.
The ultimatum gave Archbishop Kuria up to September 13 to act on their demand. They reportedly said they would not be held responsible for whatever might happen if what was not done.
Archbishop Kuria later said be knew nothing about the ultimatum and that his church never acted on the strength of Press statements.
The archbishop said that he would "do nothing" to meet the demand.
Last week, church leaders and politicians continued to criticise the manner in which Archbishop Kuria was handling the controversies revolving around the Eldoret, Katakwa and Nambale dioceses.
CPK clergyman, the Rev Elijah Yego, told Archbishop Kuria to quit the CPK's top post, saying he had failed to resolve boundary disputes between the Katakwa and Nambale dioceses in Busia District.How Sh400m ferry deal was clinched
Vice-President George Saitoti gave "special authorisation" for the financing of four ferries bought by the Ministry of Transport and Communications in a deal described by the Mtongwe Ferry Commission as a "rip off".
Documents given to the Sunday Nation indicate that the deal, initially costing $13.4 million (Sh268 million at the time), was brokered by Calmeco International Ltd, a company based in Nairobi's Industrial Area.
The ferries were described by the Mtongwe Commission report as unsuitable for plying the Likoni and Mtongwe channels in Mombasa.
The "Special Authorisation" letter dated June 30, 1989, empowered the then Permanent Secretary to the Treasury, Mr Charles Mbindyo, to "sign on behalf of the Government" for the loan to "finance four passenger and vehicle ferries". The ferries are mv Nyayo, mv Kilindini, mv <ea/>Harambee and mv Mtongwe II.
Estimates of the eventual overall cost of the deal vary between Sh400 million and Sh800 million due to <-/escalations> caused by financing and interest charges, exchange rate adjustments and modifications made to the ferries.
But the Commission of Inquiry into the Mtongwe Ferry disaster set up by President Moi in early May following the accident in which more than 250 people died quotes two marine experts, Mr C. W. Sinclair and Mr J. Shiundu, describing the purchases as a "rip-off". They both agreed that Sh100 million could have been saved "had the ferries been built locally".
The syndicated loan was provided by Midland Bank Aval Ltd of London as per their telex reference No. 4172 which was sent by A. J. Elliott and D. Dorrell.
By a letter dated June 30, 1989, Kenya Commercial Bank Ltd undertook to "irrevocably and unconditionally issue our guarantee No. GO1/89/CD85" for the payment of the ferries "in case the Treasury of Kenya fails to pay any of the Bills of Exchange at maturity".
The documents show that the sellers of the ferries was Calmeco International Ltd which at the time had offices in 24 Woodlands, London NW1 9QL and Nanyuki Road in the industrial area of Nairobi.
The chairman of the company is Mr Anura Leslie Perera and other directors are R. G. Perera and S. R. Perera.
The Commission devoted four of its 71-page report to the subject of the new ferries and made some damning comments.
The Commission, chaired by Mr Justice Mbogholi-Msagha, heard evidence from 44 witnesses over 29 days. The commissioners were Major-Gen (Rtd) Eliud Mbilu, Maj (Rtd) Dr Joseph Njoka, Lt Col (Rtd) Harjit Singh Kelley and Lt Col Lugard Nzeki, also retired.
The report stated that "there is no evidence that the operators of the new ferries, the Kenya Ferry Services Ltd, were consulted prior to the acquisition thereof" nor was "there any feasibility study leading to the acquisition thereof".
It further stated that the "Government, the Kenya Ports Authority and Kenya Ferry Services Limited were not represented
during the whole period of construction of the ferries by any marine experts from the country."
Further enquiries by the Sunday Nation ascertained that the optimum size of a ferry doing the Likoni crossing is half the size of the four ferries bought in 1989.
On Friday morning, one of the ferries in question, mv <ea/>Harambee, stalled midstream and was hit by another, mv Kilindini. This was the latest in a series of stalling incidents.
Last May, the mv Nyayo stalled midstream in the Likoni Channel and drifted for some 30 minutes before being rescued.
In the same month, the KFS temporarily withdrew mv Kilindini and mv <ea/>Harambee from service after they stalled midstream.
The Commission's report concluded that "we have been unable to find out how the purchase of the new ferries was conceived and who actually negotiated the same" and that "whoever negotiated the acquisition thereof had personal interests as opposed to national interests."
It recommended that "the Government should initiate steps to investigate the issue with a view to taking appropriate action."
Documents given to the Sunday Nation show clearly that the Government was responsible for the contract, that it had full knowledge of whom it was dealing with and was in contact with all the relevant parties.
The Kenya Commercial Bank letter of June 30, 1989 refers to the "Agreement dated 12.4.89 concluded between the Ministry of Transport (the buyer) an Calmeco International Ltd (the seller) for the delivery of four passenger ferries and to the Bills of Exchange relating to this transaction drawn by the seller and accepted by the Treasury of Kenya on behalf of the buyer."
The relevant Bills of Exchange were signed by Mr Mbindyo on behalf of the Treasury and A. L. Perera on behalf of Calmeco International Ltd.
Investigations into Calmeco International show it has since moved from its Nanyuki Road premises to an unmarked <-/godown> beyond Libra House in Mombasa Road, Nairobi,
Reports indicate that the ferries were manufactured in Malaysia and were shipped via Singapore.
Policeman shot in city gunbattle
A policeman was shot and injured yesterday in a gunbattle with armed gangsters in the teeming Gikomba area of Nairobi.
A colleague escaped uninjured and so did the five gangsters.
Police said the two sides confronted each other in the afternoon near Cotu headquarters by the Gikomba Market.
According to Mr Arthur Osiya, the Pumwani District Officer near whose office the incident occurred, three of the five gangsters escaped in a Peugeot 405 car while other witnesses said they escaped in a Nissan Sunny car. The other two gunmen escaped on foot into the Gikomba slums.
Mr Osiya said administration policemen from his office were the first at the scene.
"The witnesses are giving every conflicting information on the cars and even the number of gunshots", the DO said.
Mr Osiya said the injured policeman was taken to the Forces Memorial Hospital.
The DO said he could not establish the number shots fired. Armed administration policemen from the DO's office later combed the nearby residential areas looking for the two gangsters who escaped on foot. No arrests had been made by yesterday evening.
Eye witnesses at the scene  gave conflicting information concerning the fire exchange.
Some said the injured policeman was shot three times while others claimed it was more.
Mr Osiya, however, said there were several cartridges picked up at the scene but he could not tell whether they were from the gangsters' guns or from the two policemen.
The witnesses said the two policemen had approached the gangsters near a kiosk and asked them to identify themselves.
However, witnesses said, the gangsters opened fire.
No more information was available by the time of going to press, especially about the injured policeman's condition.
W2C010K
EA presidents sign historic agreement
East Africa's Heads of State - President Moi, Uganda's Yoweri Musevini and Ali Hassan Mwinyi of Tanzania, yesterday signed the final documents setting up the East African Co-operation which from January will virtually facilitate free movement within the region.
The 11/2-hour ceremony at Kampala's Centre resolved among other things that:
* Each country will contribute immediately $393, 645.33 towards the budget ( a total of 41,180,935.90 - about Sh53.142 billion) for the Secretariat to be established in Arusha, Tanzania by March next year;
* A separate counter to be established at the three international airports exclusively for East Africans' use and all border posts to have points with officials mandated to allow free movement;
* A standard travel document for East Africans in addition to existing passports and 
* All countries to synchronise issuance of national identity cards.
Kenya will provide the secretary to the Secretariat for five years, while Tanzania and Uganda will each provide a deputy secretary for a period of three years.
the communique signed by the three also provided that no mass expulsions or deportations of any nature would take place until exhaustive consultations are made with diplomatic missions in the host countries.
The communique, read to the plenary session by Ugandan Foreign Minister, Mr Ruhakana Rugunda, called for increased co-operation on matters of border security and exchange of information.
The Heads of State mandated the relevant ministries and departments dealing with transport to meet by next March and formalise common transport systems.
The summit, the second following one in Arusha last November 30 which mooted the new EAC, was attended by ministerial delegates, diplomats and government officials from the three countries.
According to the communique, the three leaders agreed to strengthen the institutions which survived after the collapse of East African Community in 1977, namely the East African Development Bank, The Inter-University Council for East Africa and the East African School of Librarianship.
"The Heads of State recognised that the existence of peace and stability was a prerequisite for the success of any development efforts. With this in mind, they endorsed the recommendation of increased co-operation in the following areas:
* Border security,
* Exchange of information,
* Training,
* Co-ordination of security operations,
'The three Presidents expressed gratitude to the international community for the assistance being given to fight and eradicate drug trafficking in the region and agreed to strengthen law-enforcement agencies through closer co-operation and co-ordination of activities in the three sister countries.
"In case of mass expulsion/deportation, the leaders agreed that such expulsions/deportations should be effected after appropriate consultations with the diplomatic missions concerned in the host country.
"The three Presidents agreed that their desire to strengthen co-operation between their countries did not in any way diminish their total commitment towards the existing regional co-operation arrangements such as the Southern Africa Development Community (SADC), the Kagera River Basin Organisation (KBO), the Preferential Trade Area for Eastern and Southern Africa (PTA), the treaty establishing the African Common Market, the Inter-Governmental Authority on Drought and Development (IGADD) and the Common Market for Eastern and Southern Africa (COMESA).
"<-_President><+_Presidents> Moi and Ali Hassan Mwinyi thanked their host, President Museveni, for the cordial and warm reception and hospitality extended to them and their delegations during their stay in Kampala."
President Moi told the delegates that the people of East Africa expected concrete steps towards closer co-operation.
He said the sooner the Secretariat started functioning the better for all the countries and their people.
Earlier, President Museveni was elected chairman after being proposed by the outgoing chairman, President Mwinyi who was seconded by President Moi.
President Museveni said co-operation among African states was more "ideological than real" because each of Africa's tribes thought they could stand alone when they were in fact inadequate in everything.
"Are our supra-countries adequate? the answer is tat they are not and that is why we need co-operation," he said.
President Museveni said for their survival, African nations must modernise and industrialise.
However, he added that this would not happen unless there was wider variety in <-/sourcing> raw materials, skilled labour, bigger markets and liberalisation.
President Mwinyi called for strengthening of institutions that remained after the Community collapsed.
He said his government will give full support to the Secretariat in Arusha. 
He at the same time asked Ugandan legal experts to work out a formula to revise a 1955 Kenya-Uganda electricity agreement to resolve an ongoing dispute over Uganda's electricity supply to Kenya.
President Museveni said Uganda received only $1 million dollars annually from its power supply to Kenya. This left Uganda with a $17 million annual loss.
Kenya's Foreign Minister, Mr Stephen Kalonzo Musyoka, his Tanzanian counterpart, Mr Joseph Rwegasira and Mr Ruganda signed on behalf of their governments.
Following is the full communique:
"The Heads of State of the three East African States, their Excellencies Presidents Daniel Toroitich arap Moi of Kenya, Ali Hassan Mwinyi of Tanzania and Yoweri Kaguta Museveni of Uganda, met in Kampala on November 26, 1994, to agree on steps to be taken to deepen and strengthen East African Co-operation.
"In this regard, they signed the protocol establishing a secretariat of the Permanent Tripartite Commission and agreed on specific areas for immediate co-operation between the Republic of Kenya., the United Republic of Tanzania and the Republic of Uganda.
"In a warm and cordial atmosphere, the Heads of State held talks on bilateral, regional, continental and international issues of common concern and interest.
"The discussion focused on a wide range of issues covering political, economic and, scientific, social and cultural co-operation for the sustainable development among the three East African countries with particular reference to the declaration on closer East African Co-operation signed at Arusha, Tanzania, on November 30, 1993.
"The three Heads of State also considered the recommendations of the Permanent <-/Triparitte> Commission for Co-operation as agreed at its meeting of November 25, 1994.
"The secretariat of the Permanent Tripartite Commission for Co-operation shall be the principal executive organ of the commission. The secretariat, to be based in Arusha, will provide the machinery to facilitate the co-ordination and follow-up action on the activities of the member states on matters of co-operation.
"The secretariat shall be responsible for ensuring that the objectives set out in the agreement for the establishment of a permanent Tripartite Commission for Co-operation are attained on the basis of equitable distribution of projects, programmes and services for the development of member states.
"The three Heads of State agreed that contributions to the budget of the Secretariat be shared on equal basis with each country contributing a third of the total budget. For the first financial year, contributions by each country will be the equivalent of US $393,645.33 to be availed immediately.
"The three Heads of State reiterated their commitment to the improvement and strengthening co-operation on the basis of the historical ties and understanding between the people of Kenya, Tanzania and Uganda. In this regard, as a first step, they emphasised co-operation in the priority areas of transport and communications, trade and industry, security, immigration and promotion of investment in the region.
"With regard to transport and communications, the three Presidents endorsed the recommendation that respective national institutions concerned with the different modes of transport and communications meet in mid-January, 1995, to prepare for the implementation mechanisms for proposed modes of co-operation.
"The Presidents endorsed the recommendations contained in the report of the Tripartite Commission and reiterated the importance of strengthening the institutions which survived the former East African Development Bank, The Inter-University Council for East Africa, and the East African School of Librarianship.
"Regarding trade, industry and investment, the Heads of State endorsed the recommendations for:
* Encouragement of private sector joint venture and enterprises in economic activities in the region;
* Harmonisation of tariff rates and Customs procedures through regular consultations and exchange of information.
* Exploration of the possibility of a Customs union;
* Synchronisation of standards of goods produced in the three countries;
* Harmonisation and rationalisation of a policy framework for investment promotion in sectors that enhance mutual benefits to the co-operation partners such as environment, tourism, water, energy, agriculture, fisheries and animal husbandry,
* the adoption and implementation of provisions contained in the cross-border initiative matrix especially the removal of tariff and non-tariff barriers to trade and investment.
"The three Presidents agreed on the importance of free movement of people of the three Sates across borders. In this regard, they endorsed the following recommendations:
* Introduction of a standard travel document for East African nationals, in addition to the recognition of each others' travel documents.
* Introduction of separate counters at international airports to serve East African nationals by 1st January, 1995;
* Reciprocal opening of border crossing points to be manned by officials who are adequately mandated to deal with cases arising.
* urgent implementation of the policy on issuance of national identity cards.Matiba's challenge to 'bossy' Shikuku
Ford Asili chairman Kenneth Matiba yesterday told secretary-general Martin Shikuku to choose between staying with him or quitting the party.
He accused Mr Shikuku of being 'bossy' and wanting to be "bigger than the chairman."
Shikuku must be told he either comes here to be with me or he goes for good, never to come back. He must know that he is a coward of the first order. I have tried to be nice to him. If only you knew some of the things he did to me, you would know Matiba is a good man," he said.
Mr Matiba was addressing recently-elected grassroots officials form four districts - Nairobi, Kajiado, Kiamnu and Thika - at Hillcrest School, Nairobi.
He talked at length against Nairobi Newspapers who he accused of having an agenda against him. He said the newspapers only talked to Mr Shikuku and deliberately ignored his side of the story.
"Why can't this newspaper talk to me? They only talk to Shikuku. No reporter talks to me and yet my doors are wide open," he said.
Mr Matiba said he was reacting to two front-page stories in the Nation on Friday and yesterday. The stories were based on FORD-A Parliamentary Group meetings which gave Mr Matiba 14 days to come to terms with them or else they would convene a NEC meeting to discuss his inability to lead the party.
Yesterday Mr Matiba, who spoke for an hour and 20 minutes, said he had recovered fully and was ready to take over the presidency of the country after democratic elections.
The meeting was attended by what Mr Matiba described as observers from all over the country. The delegates were ferried to the school in 12 buses hired from the Kenya Bus Service. The more than 3,000 people were served bread and sodas for breakfast and later feasted on meat cooked at the compound.
Many speakers attacked Mr Shikuku and party MPs who have gone against Mr Matiba.
Out of the 25 FORD-A MPs, only two - Mr Kamau Icharia (Kiambaa) and Mr Fransis Wanyange (Nakuru East) - attended the meeting.
They criticised their colleagues for moving against their chairman.
 Said Mr Icharia: "The chairman was elected by Kenyans and not the PG. Therefore, the PG has no right to abuse him."
A party activist from Lamu, Mr Mohamed Kusoma, suggested that Mr Matiba announces the immediate suspension of Mr Shikuku.
Other speakers included Nairobi mayor John King'ori and Thika mayor Anthony Njoroge who denounced the Shikuku group.
Mr Matiba said he had taken Mr Shikuku into his confidence but he and other MPs had done astray.
He said they had agreed in 1992 to fight it out to decide on the presidential candidate after which whoever lost would support the other.
"Afterwards, he started being boss because he is secretary-general. I told him he is no more important than chairman ... may I tell him that I was elected by the people," he said.
He said that unless Mr Shikuku goes to his Limuru home to collect his personal documents, he will keep them for ever.
[Mr Matiba collected the documents along with party files when he raided Muthithi House offices and took away party property].
Raising his hands, he invited the Press to see for themselves how fit he was.
He said God knew that Kenyans were cowards, but he was the brave leader around to protect them.