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Talent hits a target no one else
can hit; Genius hits a target no
one else can see
OUT PRESIDENT CHANGES HIS LEGAL ADVISORY TEAM IN READINESS FOR SECOND TERM TAKE-OFF
Is Uhuru going for
Attorney-General Githu Muigai out as President picks Appeal Court judge Kihara
Mwangi and names new nominees to Judicial Service Commission PG 4-5
DEMOTED Njee Muturi
REWARDED Kennedy Ogeto
Jubilee MPs ignore
State House PG,
Uhuru vows action
Less than 50 out of 170 MPs
attended the meeting in which they
accused Jubilee leaders of ‘lecturing’
OLIVER MATHENGE @OliverMathenge/
Most Jubilee MPs boycotted a
Parliamentary Group meeting called
by their leader President Uhuru
Kenyatta at State House, Nairobi,
Jubilee has 170 MPs, 164 elected
and six nominated. Less than 50
attended yesterday’s meeting, which
they described as “a lecture”.
“We are not children yet we are
being treated as such. We cannot have
a situation where we are called and
read a riot act all the time,” said an
angry MP who attended the meeting
ATTORNEY GENERAL Paul Kihara Mwangi
but did not want to be named for fear
The boycott drew the President’s
anger and he reportedly threatened
“punitive action” on those who will
not attend future Parliamentary
“It was like a lecture room where
the lecturer comes, lectures and gives
the students assignments which he
will then review. For us, it was worse
because we were not even given a
chance to ask questions after the
lecture,” said an MP from the Rift
AMBASSADOR Abdikadir Mohamed
of February 28
WEDNESDAY, FEBRUARY 14, 2018
Wednesday, February 14, 2018
Zuma at the
of the ANC in
on December 16
OVERRULED MANY JP DECISIONS
CAROLE MAINA @MainaCarole
Zuma must go, recall
decision final, says ANC
If Zuma, 75, does not budge, he will face a vote of no-confidence
NANCY AGUTU AND BBC
The ANC has given South African President Jacob Zuma a new ultimatum
to resign as head of state or risk being
removed by Parliament. “The ANC believes this is an urgent matter that must
be treated with urgency,” ANC secretary general Ace Magashule said.
“The decision to recall Comrade
Zuma is final. It can’t, and will not,
change. We will treat Zuma with dignity and we will not humiliate him.”
Speaking during a press conference
yesterday, Magashule said the decision
to recall Zuma was taken after “exhaustive discussions”. “We must treat Zuma
as the President of South Africa. He has
not been found guilty by a court of law.
We didn’t take this decision because he
did something wrong,” he said. Magashule said Deputy President Cyril Ramaphosa must take over the presidency
in line with the Constitution.
“When we took this decision, it was
because we have a new President of the
ANC and we need to ensure alignment.
President Ramaphosa will deliver the
State of the Nation Address,” he said.
Magashule said South Africa is confronted with a myriad of socioeconomic challenges that Ramaphosa can deal
with under his leadership. “This is the
time for hope and renewal,” he said.
The reported decision to “recall” him
followed marathon talks by senior party officials. If Zuma, 75, does not budge,
he will face a vote of no-confidence
in Parliament which he is expected to
lose. In power since 2009, he has been
dogged by corruption allegations.
Zuma has resisted increasing pressure to quit since December, when Ramaphosa replaced him as leader of the
Magashule delivered a letter to the
embattled president at his official residence in Pretoria, officially informing
him of the party’s decision to “recall”
him. In the report, the president had
agreed in principle to resign and proposed time frames extending from
three to six months.
But ANC said South Africa is going
through a period of uncertainty and
anxiety as a result of the unresolved
WHAT HAS ZUMA DONE WRONG?
Zuma’s presidency has been overshadowed by allegations of corruption
which he has denied. In 2016, South
Africa’s highest court ruled that Zuma
had violated the Constitution when
he failed to repay government money
spent on his private home.
Last year, the Supreme Court of Appeal ruled he must face 18 counts of
corruption, fraud, and money-laundering relating to a 1999 arms deal. Zuma’s links to the wealthy Gupta family,
who are alleged to have influenced the
government, have caused his popularity to plummet.
High Court judge George Odunga is one of the
high-profile figures affected in the transfers made by
Chief Justice David Maraga yesterday. Odunga, who
has been serving at the Judicial Review Division in
Nairobi, often rattling the Jubilee administration, has
been moved to the High Court in Machakos as the presiding judge.
His place will be taken by Justice Pauline Nyamweya, who has been transferred from Machakos. Justice John Mativo leaves the constitutional division to
join the Judicial Review Division. Odunga has come
under attack from Jubilee politicians because of his
courage and impartiality.
Months ago, Jubilee MPs planned to introduce a
motion of no-confidence against the judge, a decision
that was criticised by the opposition and the Judiciary. Among the decisions that rattled many is one that
found county returning officers and their deputies
were illegally appointed just a day to the repeat presidential petition.
The decision was overturned by the Court of Appeal.
Other judges affected in the transfer include principal judge of the High Court Justice Richard Mwongo,
who has been moved to Naivasha. Justice Joel Ngugi
has been moved to preside over the Nakuru law court
Judge Christine Meoli moves from Naivasha to
Kiambu. Others judges are Maureen Odero from Nakuru to Nairobi at the civil division, while Justice Lydia
Achode has been moved from the Family Division in
Nairobi to the High Court in Eldoret. Judge George Kimondo, who was the presiding judge in Eldoret, has
been moved to Kisii.
Justice Jacqueline Kamau will sit in Nairobi from
Voi, while Justice Wilfrida Onkwanyi moves from Kisii to the Constitutional and Human Rights division in
Nairobi. Others are Justice Rose Ougo, who has been
transferred from the family division in Nairobi to the
High Court in Kisii.
Judge Roselyn Aburili moves from the Judicial Review in Nairobi to Bungoma as the presiding judge.
Judge Boaz Olao of the Environment and Land Court
in Kerugoya replaces Justice Samuel Mukunya who has
been serving in Bungoma and who will now sit at the
ELC division. Justice Joseph Karanja will preside over
the High Court in Homa Bay, while Justice Abida Ali
leaves Bungoma for the Family Division in Nairobi.
HIT OR MISS
Will Wiper boss Kalonzo ever
be sworn-in as the People’s
Should diplomats keep
off Kenyan politics?
For more news
on our website,
scan this quick
Donates cars in poaching war
Transfers 350 police officers
High-risk banks to pay more
USAID yesterday donated 26 vehicles
to the Kenya Wildlife Service to help
in the war on poaching. “I know the
challenges facing KWS and it is my
responsibility and that of the board
members to address them. I’m proud
of the work KWS is doing and I will do
everything to support their work,”
Tourism CS Najib Balala said.
See Page 11
About 350 police officers from the
Flying Squad and the Special Crime
Prevention Unit have been transferred.
The revamp of the elite police squads
became clearer yesterday, as DCI
chief George Kinoti announced the
trans- fers. They will be replaced by
officers from other units. The two units
lost about 100 officers in the changes
released yesterday. See Page 9
Banks considered high risk will pay
higher premiums to the Kenya Deposit Insurance Corporation to avert
bank failure. Banks are charged a flat
premium of 0.15 per cent of total deposits for 12 months before the start
of the financial year, or Sh300,000
— whichever is higher. KDIC said the
corporation plans to introduce riskbased premiums. See Page 15
Wednesday, February 14, 2018
at the City
the industry is
make a kill on
CORRIDORS OF POWER
/ ENOS TECHE.
Who is doing what
and where in the
world of politics
A prominent lawyer who has represented
President Uhuru Kenyatta (pictured) in several
court cases is among 103 individuals whose title
deeds to parcels of land on Woodley Estate were
recently canceled by the National Land Commission. The titles for the land in and around Joseph
Kang’ethe Estate were revoked after it emerged
that the land was irregularly transferred from the
now-defunct Nairobi City Council. The land was
originally set aside for affordable housing for city
residents but ended up in the hands of the 103
individuals who paid a premium of Sh1.1 million for
Workers at Van den Berg Roses, Naivasha, prepare for the
EU market yesterday /GEORGE MURAGE
A beaming Tharaka Nithi Governor Muthomi Njuki is installed as the Kenya
Redcross Society patron for the county yesterday /COURTESY
WHO ordered for the retrieval of official vehicles allocated to National Assembly Minority
leader John Mbadi and Minority Whip Junet Mohamed? Well, the Opposition legislators allegedly
found themselves in the bad books of the Executive over Raila Odinga’s oath. Many are now
questioning how Parliament, which is supposed
to be an independent body, got involved in the
seizure of the vehicles and on whose instructions? Corridors have also noted the loud silence
of National Assembly Speaker Justin Muturi over
the matter, which happened over a week ago.
Are the arms of government still independent?
A number of police officers on Nairobi’s Umoja
Estate fond of using a Probox car are operating
with impunity, collecting ‘taxes’ and bullying
the locals. Our moles tell us that the officers
do rounds of extortion on the estate and later
congregate in leisure joints to brag how much
they have made in a day. The locals now want
Inspector General of Police Joseph Boinnet to
either transfer or discipline them. On Sunday at
Umoja 3, locals said the four police officers who
normally move as a unit blatantly collected bribes
and boasted that they are politically correct and
no one can hold them to account for their criminal
WERE Jubilee MPs gagged against reacting to
NASA leader Raila Odinga’s swearing-in and aftermath? Well, Corridors have learned that some
powerful government operatives issued instructions to the politicians against commenting on
the crackdown on NASA leaders who spearheaded the oath-taking ceremony. Only the party’s
top leadership in Parliament was sanctioned to
discuss the issue. President Uhuru Kenyatta
and Deputy President William Ruto have been
silent on the issue since, despite intense debate
IS something fishy going on in the election
petitions, many of which have been dismissed?
According to our wag, the idea is to uphold most
of the results and thereby sanitize the IEBC’s
conduct of the last General Election. Well, some
senior counsel are mourning the rate at which a
number of “tight petitions” have been dismissed.
Wednesday, February 14, 2018
OUT PRESIDENT CHANGES HIS LEGAL ADVISORY TEAM IN READINESS FOR SECOND TERM TAKE-O
Is Uhuru going for
Attorney-General Githu Muigai out as President picks Appeal Court judge
Kihara Mwangi and names new nominees to Judicial Service Commission
LUKE AWICH AND
President Uhuru Kenyatta yesterday
dropped Attorney General Githu Muigai and demoted Solicitor General
Njee Muturi in changes that ultimately target the Supreme Court and the
Judiciary in general.
Githu was replaced by Appeal Court
President Mwangi Kihara while Njee’s
position was taken by lawyer Kennedy Ogetto, who was part of Uhuru’s
ICC legal team.
But it is the nomination of three
members to the Judicial Service Commission that signaled the President’s
intention to live up to his threat to revisit the Judiciary.
He nominated former Agriculture
Cabinet Secretary Felix Koskei, former National Assembly clerk Patrick
Gichohi and former Kenyatta University Vice-Chancellor Prof Olive Mugenda.
Gichohi is a nominee of the Public
Service Commission to replace Margaret Kobia, who is set to join Cabinet
as Secretary for Public Service.
The 11-member commission is responsible for hiring and firing judges
and other judiciary staff. It comprises
the Chief Justice David Maraga (chair),
Deputy CJ Philomena Mbete Mwilu,
Justice Smokin Wanjala representing
the Supreme Court; Justice Mohamed
Warsame representing the Court of
Appeal; Justice Aggrey Muchelule
representing (High Court) and Emily
Ominde (magistrate) representing the
Kenya Judges and Magistrates Association.
Others are Prof Tom Ojienda representing the Law Society of Kenya;
and the three being replaced, Attorney-General (Githu Muigai); Prof.
Margaret Kobia representing the Public Service Commission; Mercy Mwara
Deche and Kinpgetich Bett representing the public appointed by the President with the approval of the National
The Judiciary Chief Registrar Ann
Amadi is the Secretary to the Commission.
After the Supreme Court annulled
his election on September 1, Uhuru
referred to the judges as “Wakora”
(crooks) and promised “to revisit the
Court” after the repeat election.
The three nominees will join the
new AG on the JSC, and the balance
could easily be tilted if the State has
a hand in the election of the other
“I’ve always said we have a problem
with our Judiciary. We shall respect
the ruling, but we will revisit this
agenda because we have to respect
the will of the people,” Uhuru said at
The composition of the JSC is crucial. It is the employer of judges and
the one that receives petitions and
recommends to the President to constitute a tribunal upon finding sufficient grounds.
In yesterday’s appointment, the
President changed his legal team in
what insiders said was strengthening
of his advisory structure in preparation for his final term takeoff. He
dispatched his Senior Adviser on
Constitutional and Legal Affairs, Abdikadir Mohammed, to South Korea
The Judiciary, the third arm of government, is supposed to be independent but its authority has been under
systematic erosion in recent days,
with court orders being frustrated by
Executive agencies. As a result, this
week, lawyers are staging a “Yellow
Ribbon” protest and boycott of the
Insiders say the nominations have
an eye on succession politics in the Judiciary, especially the Supreme Court.
The President did not give reasons
why Githu, who stood next to him as
he announced it, had resigned.
“I have today received with regret
the resignation of Professor Githu
Muigai from the office of Attorney
General effective the date of the appointment of his successor,” Uhuru
He thanked him for his service to
Confidential sources however said
the President has been intending to
make changes at the State Law Office
since 2016. Githu and Njee, Uhuru’s
former Personal Assistant, are said to
have been barely coping and not in
tandem. At many times, the government’s actions have been called out
by the courts for being unconstitutional, which legal analysts put down
to bad legal advice or disregard by the
Some sources say Githu had been
unhappy for some time as “his counsel was often ignored or not sought”
over key matters. He is said to have
wanted to leave, with an eye on succeeding Willy Mutunga as Chief Justice when he retired in 2012. He was
visibly frustrated during the last
Presidential petition, when, as amicus curiae, his brief was manifestly
restricted by the Supreme Court.
During his tenure, Githu faced severe criticism from his peers, who
attempted to impeach and dishonour
him over the controversial payment
of Sh1.4 billion to Anglo Leasing in
2014. In 2016, Githu beat a hasty retreat after his appeal against a High
Court decision striking out an Act of
Parliament that required the JSC to
submit three names to the President
from which to select a Chief Justice
suffered a barrage of criticism from
Lawyer Allen Gichuhi, who is contesting for the Law Society of Kenya
Wednesday, February 14, 2018
House PG, Uhuru
Muigai at State
on Sunday / PSCU
presidency, described Justice Kihara
as an excellent lawyer and a gentleman.
“Justice Kihara has been in the
Court of Appeal and an able Judge.
Am sure he is going to bring such brilliant ideas into the system. Professor
Githu was my lecturer and also a very
astute and able lawyer,” Gichuhi told
the Star yesterday.
Njee, who was demoted from Solicitor General to the lowly deputy
Chief of Staff under Nzioka Waita, has
been close to the President for over
20 years, tracing back to his days in
Kanu. The former PA and President’s
gatekeeper reportedly fell out with
his boss over his failure to manage the
Ogetto, on the other hand, has
served as Uhuru’s lawyer for many
years and was part of his Kenyan
defence team at the International
Criminal Court together with Muigai.
He was also part of Uhuru’s defence
team during the 2013 and the 2017
presidential election petitions at the
The changes complete the overhaul
of the prosecution and investigative
arms of the State, following the removal of former Director of Criminal Investigations Ndegwa Muhoro
and Director of Public Prosecutions
Keriako Tobiko, who was nominated
to Cabinet as Secretary for Environment. Sources say Ethics and anti-Corruption deputy CEO Michael
Mubea is poised to succeed Tobiko.
Speaker Justin Muturi told the committee on Legal Affairs to vet the
nominees within 14 days.
“Given the critical role played by
the JSC, it is advisable that the relevant Committee expeditiously proceeds to notify the nominees and
the public, commence the approval
hearings after the seven-day notification period, and table a Report on or
before Tuesday, February 27, 2018, to
enable the House to consider the matter within the statutory timelines,”
the Speaker said.
From PAGE 1 / Yesterday’s meeting was addressed by
Jubilee Secretary General Raphael Tuju, Senate Majority
Leader Kipchumba Murkomen, his colleague in the
National Assembly Adan Duale, Deputy President
William Ruto and President Kenyatta. It lasted less than
an hour, according to those who attended.
Uhuru is said to have demanded discipline and
cooperation from his Jubilee Party MPs as Parliament
resumed sittings yesterday.
Sources told the Star yesterday that Uhuru has
demanded all MPs sponsored to Parliament through
Jubilee must toe the party line and secure the
The Presidential Strategic Communications Unit in
it dispatch said that Uhuru emphasised the need for
Members of Parliament to work as a team in ensuring
that the ruling party delivers on the Big Four agenda.
“It is our collective responsibility to ensure that we
deliver on the pledges we made to ...