East Africa

Details: East Africa; 10 November 2022; 788

A section of nine officers from the disbanded Special Services Unit (SSU) before Kahawa Law Court on Monday, October 31, 2022, for their alleged involvement in the disappearance of two Indian nationals and a Kenyan.[Collins Kweyu, Standard]

A court in Nairobi has allowed police to detain eight officers from the disbanded Special Service Unit (SSU) for 21 days pending completion of investigations. Kahawa Law Court Chief Magistrate Diana Mochache allowed police from the Internal Affairs Unit to extract the officers’ DNA and scrutinize their phones, for a conclusive report.

This followed prosecution’s plea to detain the nine officers for 30 more days. However, in her ruling on Thursday, November 11, Chief Magistrate Mochache also freed one officer, Francis Muendo Ndonye on Sh500,000 cash bail after finding that investigator's document on his alleged involvement in the disappearance may have been forged.

“I, therefore, find that the applicant has satisfied the court to be granted the application to detain the respondents,” ruled Mochache.

Ndonye was however directed to report to the investigators at any given time and is barred from travelling outside Nairobi.

The officers were arrested on diverse dates in October 2022 after they were suspected to have been involved in the disappearance of two Indian nationals and a Kenyan.

The officers are Corporals Joseph Mwenda Mbaya and David Chepcheng Kipsoi, Constables Stephen Luseno matunda, Paul Njogu Muriithi and Simon Muhunga Gikonyo, Chief

Inspector Peter Muthee, Corporals Joseph Mbugua, Francis Ndonye and John Kamau.

President William Ruto had directed the disbandment of the elite squad as part of his plan to address extrajudicial killings in the country.

The Head of State said the police unit had become killers, instead of protectors of ordinary Kenyans. By David Njaaga, The Standard

Details: East Africa; 10 November 2022; 653

Trade CS Moses Kuria arrives for the KNCCI annual general meeting on Thursday, November 11, 2022. KBC

Trade and Industry Cabinet Moses Kuria has dared Machakos Governor Wavinya Ndeti to interfere with his plan to vacate squatters from public land in her county.

Kuria, on Thursday, November 10, told members of the Kenya National Chambers of Commerce and Industry (KNCCI) accused Ndeti of being a hindrance to the government's plans to implement the manufacturing and export agenda.

The CS maintained that the eviction push would benefit the people and that she would shoulder the blame if her county was left behind at the expense of defending a few individuals.

President Wiliam Ruto during the KNCCI AGM at St Andrews PCEA on Thursday, November 10, 2022. PSC

"When some counties are giving me land to do common user facilities, others are saying that they want to do encourage squatting on public land and that difference will start to show.

"I am not in a mood to fight, I have fought enough in my life, but when counties which have taken the wrong turn in the manufacturing and export agenda start to lag behind others, do not blame it on witchcraft," Kuria stated.

The Trade boss disclosed to President William Ruto that he had so far received land donations from three counties including Elgeyo Marakwet, Laikipia and Nyeri.

He explained that the land he seeks from each county would be used to establish common user facilities including the land owned by the East African Portland Cement Company (EAPCC).

The spat between Wavinya and Kuria began when he declared that the land would be used to build an export-exclusive airport.

She called out the CS for being arrogant on the matter and failing to engage the local leaders before making the decree.

"We as the people of Machakos are the ones who gave the community land which they used as a loan guarantee. We are not going to allow the evictions and we do not fear you," Ndeti stated.

Her sentiments were echoed by former Nairobi Governor Mike Sonko and Azimio principal Kalonzo Musyoka who insisted that the squatters are the genuine owners of the land.

Kalonzo vowed to lead a march to protest the directive in court as he had the title deeds and the court orders that saw the deal stuck between the members of the community.

Trade and Industry CS Moses Kuria addressing a delegation during the launch of the Green Triangle Cement on Tuesday,, November 8, 2022.

MOSES KURIA, By Paul Kurgat

Details: East Africa; 09 November 2022; 690

South Africa's President Cyril Ramaphosa and Kenya's President William Ruto at State House, Nairobi on Wednesday, November 9, 2022. [Twitter]

Kenyans will no longer require Visas to travel to South Africa beginning January 1, 2023, Presidents Cyril Ramaphosa and William Ruto have announced.

The announcement was made at State House, Nairobi where President Ruto held bilateral talks with President Ramaphosa who is in the country on a two-day State visit.

“From January 1, we will have a different regime. Kenyans holding ordinary passports will be able to enter South Africa on a visa-free regime for up to 90 days per calendar year. The two countries have also agreed on a return policy when immigration laws and regulations are breached to make sure that bad elements that try to infiltrate our borders are dealt with firmly and decisively,” said Ruto.

The two Heads of State also agreed on a sustainable mechanism to identify, monitor and resolve non-tariff barriers that limit the trade potential between Kenya and South Africa.

“We can only reap the full benefits of the MOUs and agreements we have signed through the full and effective implementation of all the undertakings we have committed ourselves to,” said Ruto.

Ramaphosa on his part divulged more details of the visa-free agreement.

“You and I also took the opportunity to discuss the thorny issue between our two countries, of visas between South Africa and Kenya, with a view of allowing Kenyans to visit South Africa on a free visa basis. That is without having visas; we agreed that indeed Kenyans should be able to visit South Africa without requiring them to have visas and that this dispensation will commence on January 1, 2023,” he said.

The two presidents expressed confidence that the issue will be expedited.

“Our officials will speed up the processes of putting this into effect. This dispensation will be available to Kenyans for a 90-day period in a given year. Meaning that you can use the 90 days cumulatively or separately,”

The duo also signed three memoranda of understanding touching on Kenya-South Africa relations.

They include co-operation in the fields of correctional services, cooperation in the fields of housing and human settlement, cooperation between the Kenya School of Government and the National School of Government of South Africa, and the agreement on audio-visual co-production. By George Maringa, The Standard

Details: East Africa; 09 November 2022; 684

The Court of Appeal in Kampala has faulted the Insurance Regulatory Authority (IRA) for failing to adhere to the law while revoking an operating license of one of the insurance companies in Uganda.
In a unanimous judgment, a panel of three justices of the appellate court held that IRA did not comply with Section 33(2) of the Insurance Act in so far as it did not serve Leads Insurance with the notice of breach as prescribed by the section.

“The effect of the combined use of Section 33(1) (a) of the Insurance Act and Regulation 9 of the Insurance Regulations 2002 when the respondent revoked the appellant's license appears to have been intended by the respondent to circumvent the requirement to give the appellant (Leads Insurance) the notice prescribed by Section 33(2) on account of existence of circumstances "where the public interest requires immediate revoking of the license". Such an approach is erroneous,” ruled Justice Muzamiru Mutangula Kibeedi who wrote the lead judgment.
According to the judges, the requirement for notice before revocation is rooted in the Parent Act itself.

“lt cannot be modified by a regulation made under the parent act. As such, the provision in Regulation 9, the effect of which is to authorize the revocation of an insurance license without notice is a nullity to the extent to which it is inconsistent with Section 33(2) of the parent act,” the judgment adds.

Court further ruled that it is important that whatever the style and diction used, the reasons for the revocation decision must be sufficient to enable the person to whom they are addressed to understand why the decision has been given the way it has been given.

Court also observed that the decisions by IRA to close the company 10 years ago were simply stated to be "in public interest" and "for protection of policy holders, however there is no doubt that the said "reasons" were simply a regurgitation of the words used in Section 33(1) of the insurance Act.
“The respondent did not make any effort to show the materials which were before it when considering the appellant's case, and why it came to the conclusion that making the revocation decision was "in public interest" and "for protection of policy holders,” Justice Kibeedi added.
However, the court also agreed that in the circumstances of the case, the intervention by a regulator when an insurance company is faced with operational challenges as a result of its bank accounts being frozen by Bank of Uganda and court is not irrational.

It’s against this background that the appellate court set aside the ruling and orders of the High Court with costs.
Justice Kibeedi heard the appeal alongside justices Fredrick Egonda- Ntende and Christopher Gashirabake.
In its appeal, Leads Insurance said it was aggrieved with the decision of the High Court that ruled that it did not have any grounds for judicial review after IRA revoking its license.
They also faulted the trial judge for failing to evaluate the evidence before him in order to establish whether the IRA acted illegally, irrationally and with Procedural impropriety when it revoked its license.

Leads Insurance further stated that no written notice was ever issued informing them of a breach and requiring them to remedy any breach as required by section 33(2) of the insurance Act and that the notice of revocation did not disclose any reasons for the IRA's decision revoking its license.
However, the IRA stated that the immediate revocation of the license was in the public interest owing to the fact that insurance’s bank accounts were frozen and that it had failed to settle claims. By Juliet Kigongo, Daily Monitor

Details: East Africa; 09 November 2022; 672

IG nominee Japhet Koome during vetting by the National Assembly Appointment Committee on Monday, November 8, 2022. THE NATIONAL ASSEMBLY

A joint committee of the Senate and the National Assembly has approved Japhet Koome to be Kenya's next Inspector General of Police.

Koome's approval, which took place on Wednesday, November 8, came just a day after he appeared before the committee for vetting.

Since the departure of his predecessor Hillary Mutyambai on September 13, the position has been under the stewardship of Noor Gabow who served in an acting capacity.

Koome was nominated by President William Ruto on Tuesday, September 27 in accordance with the Constitution.

Incoming Inspector General of Police Japhet Koome appearing before a Parliamentary Committee on Tuesday, November 8, 2022. FILE

While appearing before the committee, the police boss defended his candidature for the top job arguing that he was qualified having served for 31 years and kept a clean record all through.

He argued that Mutyambai, who resigned soon after President William Ruto took over the reins, had joined the service two years after him and had risen to the IG post after serving within the service for just 19 years.

He also maintained that he served in the police service longer than former Director of Criminal Investigations (DCI) George Kinoti.

“The former DCI boss joined the service after me…The outgoing IG joined the service two years after me. At the time of his appointment, the former DCI boss had served 19 years yet I have served for 30 years. You can check my appraisals,” the former commandant said.

“Fellow officers are now excited that one of their own, who joined the service as a constable is today being vetted to be the Inspector-General,” he told the panel.

Koome, who is awaiting an approval by President William Ruto, also estimated his net worth to oscillate around the Ksh89 million.

He explained that he made the wealth from his salary as a police officer and his exploits as a passionate farmer who bought two truckers to assist him in his agricultural activities.

"The land in my rural home is about seven acres. I have two plots of land within my rural home market centre.

"I also have a plot of land in Nairobi, and that is where I currently live, and two other plots in Kitengela, which I bought through Police Sacco," Koome explained.

He will rise to the top post from his role as the commandant of the National Police Service Training Campus in Kiganjo.

The former Inspector General of Police, Hilary Mutyambai (left), and the former DCI boss, George Kinoti. By Derrick Okumbasu, Kenyans.co.ke

FILE