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Kakamega Governor Kakamega Governor Fernandes Barasa before Senate CPIC Committee at Bunge Towers,  Nairobi on August 22, 2024. [ElvisOgina, Standard]

Controversy over the disbursement of county allocations has deepened after the Council of Governors (CoG) dismissed claims by Treasury Cabinet Secretary John Mbadi that all their dues have been released. 

The Governors described Mbadi’s claims as misleading and maintained that counties are still grappling with a biting cash crunch. CoG Finance and Economic Planning Committee Chairman Fernandes Barasa said the counties are yet to receive September allocations. 

“I want to tell Mbadi that he should stop misleading Kenyans. You know very well when money is released from the National Treasury to the County Revenue Fund through the Central Bank of Kenya and it takes a minimum of two weeks for counties to get money,” said Barasa.

“We have a lot of bureaucracy and inefficiency at the office of the Controller of Budget. The arrears for September was repealed last week and it has yet to reach the designated projects accounts.” 

The Kakamega Governor added that they were pushing for reforms in the Office of the Controller of Budget, saying money released to the County Revenue Fund “must reflect within 48 hours and not two weeks.”

Barasa maintained that governors would not accept the push by MPs to slash their funds. “We want to tell our lawmakers that counties need money so that they can finance their development projects and uplift the lives of their people and as Governors our stand is clear that we want Sh400 billion from the Exchequer as opposed to Sh380 billion being pushed by MPs,” he said.

Barasa lauded ODM Leader Raila Odinga for standing with the Governors and urged Senators to remain firm.

On Monday, CS Mbadi said the ministry had fully disbursed the funds to counties except for the current month. The ministry also shared documents that indicated it disbursed Sh30.8 billion in June and Sh32.7 billion in July, Sh30.8 billion and Sh32.7 billion in August and September respectively.

Some Sh30.8 million meant for October is currently in process, according to the document shared by the National Treasury.

On Friday, Raila accused MPs of undermining devolution by encroaching on the responsibilities of county governments. 

Speaking at his Capitol Hill office in Nairobi, Raila urged the National Assembly and the Senate to resolve their standoff over an additional Sh20 billion in shareable revenue for counties. By Bernard Lusigi, The Standard

Archbishop of Nairobi Philip Anyolo said the cash would be returned and declined other pledges from the president

Kenya’s Catholic Church has rejected a donation of about $40,000 (£32,000) made by President William Ruto.

He offered the money towards the building of a priest’s house and as a gift to the choir during Mass on Sunday at the Soweto Catholic Church in the capital, Nairobi.

The donation followed a recent statement by Catholic bishops, who had hit out at the government for failing to fulfil their electoral promises.

Churches have been under pressure this year from young anti-tax protesters who have accused them of being too close to politicians.

Following Ruto’s much-publicised donation on Sunday, many Kenyans urged the Catholic Church to reject the money.

The president had given around 2.6m Kenyan shillings ($20,000, £16,000) in cash, pledged the rest of the money later and also promised to give the parish a bus.

The Catholic Archbishop of Nairobi, Philip Anyolo, said the cash would be returned over "ethical concerns and the need to safeguard the Church from being used for political purposes".

He also declined his other pledges and said a donation of 200,000 Kenyan shillings made by the Governor of Nairobi, Johnson Sakaja - who attended the same service, was also being handed back.

"The Catholic Church strongly discourages the use of church events such as fundraisers and gatherings as platforms for political self-promotion," Archbishop Anyolo said.

Such donations were in breach of the church directives as well as the Kenyan law, he added.

The long ties between churches and political institutions - in a country where more than 80% of the population are Christian - seem to be fraying.

Three years ago, established churches banned politicians from using the pulpit during services in return for donations.

But the relationship was still perceived to be close - with young demonstrators accusing the churches of siding with the government when it decided to impose new taxes earlier this year.

Under the social media hashtag #OccupyChurch, many hit out at the churches for failing to take their side during the deadly protests that erupted in response to the planned tax hikes.

The uproar forced President’s Ruto’s government to withdraw the controversial finance bill in July.

Then last week, the Kenya Conference of Catholic Bishops - which represents all Catholic bishops in the country - accused the government of perpetuating a "culture of lies".

In a scathing statement, it also raised issues about over-taxation, corruption, violation of human rights, freedom of speech, unemployment as well as a "crumbling" education system and healthcare services.

"Despite the calmness we are experiencing, there is a lot of anxiety and most people are losing trust in the government," it said.

In response, President Ruto appeared to hit back at the clergy, saying "we must be careful to give factual information lest we become victims of the things we accuse others of doing".

A senator allied to government, Aaron Cheruiyot, also accused the church of "misinformation", adding that the "clergy must avoid being purveyors of propaganda, fake news and falsehoods".

Many of Kenya’s Christians are Catholic - estimated to number 10 million, about 20% of the population, according to government statistics.

Other Christians belong to a variety of evangelical churches and other denominations, including the Anglican Church of Kenya - which has defended the Catholic Church’s position.

Anglican Archbishop Jackson Ole Sapit said the Catholic bishops had reflected the feelings of many Kenyans.

"Calling church leaders names or dismissing the bishops' statement as ‘misleading, erroneous and false,’ is itself dishonest," he said.

"The [Catholic] bishops have spoken the minds of Kenyans and faithfully expressed the truth as things are on the ground." By Basillioh Rukanga, BBC

An attorney at the Right2Protest Project at Wits University’s Centre for Applied Legal Studies, Felix Quibe, says the State can argue that assisting illegal miners would be tantamount to aiding and abetting criminality.

He was speaking ahead of today’s hearing in the High Court in Pretoria of the main application in a stand-off between illegal miners and police at a mine in Stilfontein, North West.

The court is expected to determine the fate of the unknown number of illegal miners.

An organisation called Society for the Protection of our Constitution approached the court for relief for the illegal miners.

Quibe says, “There are reports that some of the miners underground, due to starvation, they don’t necessarily have the power on their own to exit, so they could still need actual assistance from the government.

So, they could rely on the right to life which cannot be limited, otherwise the right to health and human dignity. On the government side, they could rely on that an order imposing an obligation could simply be amounting to the government aiding and abetting criminal activities or assisting people in the commission of the crime.” 

Meanwhile, efforts to retrieve miners are set to continue this morning at a Stilfontein mine.

Illegal miners who are underground fear being arrested.

Less than ten illegal miners have emerged from underground since Police Minister Senzo Mchunu’s visit to the site on Friday. By Additional reporting by Itumeleng Kgagane, SABC News

Hajji Ali Mwizerwa

The director of public prosecutions (DPP) is opposed to the bail application of Hajji Ali Mwizerwa, who is accused of defiling his 14-year-old stepdaughter. 

The DPP filed a 25-page written submission to the court, signed by senior state attorney, Timothy Amerit ahead of the upcoming hearing scheduled for November 26, 2024.

In his bail application, Mwizerwa claimed that he was arrested on September 30, 2024, at Kajjansi police station, and detained for seven days before being transferred to Nateete police station for another four days. He was subsequently charged with aggravated defilement on October 11, 2024, and remanded to Kigo prison. 

Mwizerwa argued that he has no prior criminal record and that the case has faced significant delays, as the prosecution informed the lower court on October 30, 2024, that investigations were ongoing. He further stated that his family has endured mental, psychological, and financial hardships since his arrest.

He emphasized that as a law-abiding citizen with a fixed place of abode in Bulenga-Kikaaya A Zone, Ssumbwe Parish, Wakiso sub-county, and Bweya, Kajjansi town council, Wakiso district, he is entitled to bail based on his constitutional right to presumption of innocence.

He also argued that the offence charged does not involve violence and that he poses no risk of interfering with witnesses or investigations. Mwizerwa cited health concerns, specifically his struggles with gastric ulcers and high blood pressure, which he argued could worsen if he remains in detention for an extended period. He also presented sureties, claiming they would ensure his compliance with bail terms.

However, the DPP, in response, opposes Mwizerwa’s bail application, citing five key grounds for denial. The DPP argues that the charge of aggravated defilement is a serious offence, punishable by a life sentence or the death penalty, which makes it likely that Mwizerwa would abscond from the trial if granted bail. The prosecution further contends that there are no exceptional circumstances that would warrant Mwizerwa’s release.

The DPP also said Mwizerwa’s bail application because his residences in Bulenga and Bweya are not verified, and his ties to Juba, South Sudan, pose a flight risk. Furthermore, the prosecution asserts that his international connections and previous stays outside Uganda heighten concerns about his commitment to remain within the jurisdiction.

The DPP also questions the sufficiency of Mwizerwa’s sureties, stating there is no evidence of their financial ability to meet bail conditions. Additionally, the DPP highlights the risk to public safety, as the victim has expressed feelings of vulnerability and insecurity due to Mwizerwa’s close familial ties. The victim was reportedly attacked on October 31, 2024, at Nasser Road, where she was dragged into a hostile crowd that blamed her for Mwizerwa’s legal predicament.

The prosecution further cites an affidavit from Sabila Abdella, the OC CID at Kajjansi police division, noting that Mwizerwa's actions justify a restrictive stance on bail. Abdella referenced Ugandan case law that denies bail for capital offences to prevent risks to public safety and justice.

In conclusion, the DPP asserts that the nature of the offence, the likelihood of Mwizerwa absconding, the potential for interference with witnesses, and the high public interest in the case strongly support the denial of his bail request. Mwizerwa's troubles began when his wife accused him of defiling her daughter, leading to his arrest and subsequent legal proceedings.  By URN / The Observer

Ministers of Defence including those responsible for foreign affairs convened on Sunday to ahead of the Heads of states summit on November 20.

The Summit comes at a time when Zimbabwean President Emerson Mnangagwa, who is expected to chair the summit, was one of the first heads of state to congratulate Chapo and Frelimo on electoral victory even before the Mozambique electoral body announced official results.

Although the regional block highlighted DRC as their main agenda, political analysts say regional leaders can no longer afford to turn a blind eye to the post-election violence unfolding in Mozambique.

The say the continued political unrest in that country will significantly affect land locked neighbours like Malawi, Zambia and Zimbabwe, who depend heavily on Mozambique’s ports for their imports and exports. 

“Regarding the security situation in our region, the region is generally relatively calm and stable despite isolated insecurity, particularly in eastern DRC, where attacks on government forces and civilians by the armed groups have caused the displacement of approximately 6.4 million people countrywide, with more than 2.5 million people internally displaced within North Kivu province in the last two years alone,” says SADC executive secretary Elias Magosi.

He adds: “As a result of these armed attacks, the eastern part of the DRC has witnessed a dire humanitarian situation that requires an agent and well-concerted intervention. Since the deployment of Sami DRC in December of last year in support of the armed forces of the DRC and in collaboration with the DRC bilateral partners, the mission has made a significant impact in bringing relative peace and stability within its area of responsibility within North Kivu. Sami DRC deployment remains a critical deterrent against hostile armed forces to safeguard DRC’s territorial integrity.”

Magosi further points out: “I wish to express SADC’s appreciation to the member states that have contributed troops and resources to Sami DRC. We are also pleased to note the positive developments in implementing the United Nations resolution 2746 on Monusco’s support to the Sami DRC.”

“While commending the forces of the DRC for observing the ceasefire, we are concerned about the reported continued violation of the armistice by some armed groups and opposing forces in defiance of the very same deal. We strongly call upon all armed groups and opposing forces to cease all forms of hostilities and comply with the agreed truths.”

Further in his address to Ministers, he added: “Your meeting will consider recommendations from the defence staff committee on the future of this mission and all its related implications. The recommendations were informed primarily by the report of the field assessment mission conducted in North Kivu the first week of October this year.” By Sophie Mokoena, SABC News

 

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