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<MACHAR VP AGAIN!

However, he wont be returning to


Juba just yet

FEBRUARY 13-19,2016
theeastafrican.co.ke

NO HONOUR IN FGM >

They wish the procedure was not


practised, yet they do it anyway
Page 19

Page 17

No. 1111

KENYA SH100 TANZANIA SH1700 RWANDA RWF900 UGANDA SH2700 BURUNDI BIF2000

PIONEERING ANTIIMPERIALISTS

POLITICAL FACE-OFF

All eyes on Uganda


as tight race
enters last mile

Magazine
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THE MAGAZ
ary 13-19, 2016
n.co.ke Febru
theeastafrica

BOOK REVIEW

INST
REVOLT AGA T
THE WES
PVI-VII

of
An aerial view
of
Istanbul, one
of
the first centres al
Islamic intellectu
life. Pic: file

Polls give Pesident Museveni


a naow lead, with opposition
candidate Besigye taking the
contest down to the wie

UGLY UNDERBELLY OF
AFRICAS JUDICIARY
Wachia Maina tavels South
to expose the ot in this am of
govenment on the continent
Outlook, Pages 25, 28-29

FULL REPORT, PAGES 4-9

Imperial Bank
shareholders bid
to block payouts

ALSO INSIDE
Country gripped by fear that
the aftermath of election could
turn violent.
Electoral Commission on the
spot over number of registered
voters.

Ownes seek couts


help to save lende
fom liquidation

The courts will be on trial


again as election petitions
loom.
Former Tanzania
president Ali Hassan
Mwinyi to lead
EAC observer
mission.

By ALLAN OLINGO
The EastAfrican

mperial Bank shareholders have


led a court case to block the
payment of large depositors as they
ght to save the bank from imminent
liquidation.
With only a month to the end of
March, when the large depositors
are expected to know their fate, the
shareholders of the bank, which was
put under receivership in October
last year, are seeking orders to
stop any action that will result in
liquidation of the bank. They also
want the court to order negotiations
between them and CBK.
In mid-December last year, CBK
authorised payments to small
depositors.

Kizza Besigye

President Yoweri Museveni


Amama Mbabazi

FULL REPORT, PAGES 12-13

The EastAfrican

NEWS

INSIDE

FEBRUARY 13-19, 2016

FACES IN THE NEWS

SCHOOLS SUFFER IN DAR


FOREIGN WORKERS PURGE
The decision by Tanzania to
kick out illegal immigrants
had led to the expulsion of
over 5,500 foreign teachers
as at the end of January.
News, Page 3
JOSE MOURINHO: The

former Chelsea manager has


been heavily tipped to take over
from Louis van Gaal by British
media in recent weeks, but the
Dutch coach said he had heard
nothing of the sort from the Old
Traord board.

RWANDA, ISRAEL IN TALKS


OVER ASYLUM SEEKERS
Rwandas Foreign Minister
says the negotiations will
determine the resettlement
package and number of
refugees
News, Page 14

SOUTHERN AFRICA FACES


FOOD CRISIS THIS YEAR

Some 29 million people in


Southern Africa are facing
starvation due to the threat
of extensive crop failure this
year as a result of record low
rainfall in the region.
Outlook, Page 27

WHY BOSSES ARE EXITING


REGIONAL CORPORATES
Boardroom wrangles, poor
performance have seen
several executives exit
regional rms, sparking a
wave of recruitment.
Business, Page 39

IDRISS DEBY: The Chadian


President announced he will
run for a fth term in Aprils
presidential election. He took
power in a coup in 1990 and
introduced elections. In 2005, he
scrapped presidential term limits
through a referendum.

BERNIE SANDERS: The 74-

year-old democratic socialist


from Vermont resoundingly won
the New Hampshire Democratic
primary, dealing an astonishing
blow to the Hillary Clinton
juggernaut and casting the race
into turmoil.

RIEK MACHAR: The South


Sudanese rebel leader has said
that he is not a perpetrator of
war but a victim. This was in his
reaction to his reappointment
as the countrys First VicePresident, a position he said he
will take up.

IN BRIEF

Tanzanias ex-president Mwinyi leads


EAC election observers in Uganda

US warns of worse crisis in DRC than in


Burundi over Kabilas bid to stay on
DR CONGO: Senior US ocials have warned that
the Democratic Republic of Congo could be hit by
violence worse than Burundis if President Joseph
Kabila does not surrender power later this year.
A political crisis is building as the DRC prepares
or rather fails to prepare for upcoming, historic
elections scheduled for November, Ambassador
Thomas Perriello, President Barack Obamas special
envoy to the Great Lakes told the congress on
February 10, 2016.
If the DRC chooses the path taken by Burundi, the
scale of human suering could dwarf what we have
seen next door.
The DRCs constitution states that a president cannot
serve for more than two terms. But President Kabila,
who took oce in 2001, has not indicated whether
he will respect that provision.

UGANDA:

he East African Community (EAC) has sent a team of


election observers to Uganda,
led by former Tanzanian president Ali Hassan Mwinyi.
The team comprises representatives of the regional
assembly, national parliaments, electoral commissions
and human-rights commissions from Kenya, Tanzania,
Rwanda and Burundi, civil society organizations, and youth
representatives from the EAC
Youth Ambassadors Forum.
The mission, made up of
50 members who are divided
into 17 teams, will remain in
the country until February 21,
after presenting a preliminary
report on the elections on February 20.
Speaking at a ceremony to

The head of the EAC Election Observation Mission in Uganda Ali


Hassan Mwinyi ags o its convoy in Kampala. Pic: M. Mbabazi

ag o the team, Dr Richard


Sezibera, EAC Secretary-General, asked the observers to
make sure that their assessment of the election is accurate and impartial.
The mission said so far the
preparations and campaigns
have met the standards of a
potential free and fair election, as the judiciary is pre-

pared as an arbitrator, the


ballots and registers have
been prepared, and the large
crowds at rallies suggest that
Ugandans have faith in the
process.
EAC team has in recent
months observed elections in
Tanzania, where the process
was judged to have been free
and transparent.

Port ocials sent home in graft purge


PRESIDENT UHURU Kenyatta has sacked top
government ocials in a crackdown on corruption at the port of Mombasa.
The radical measures were taken on the recommendations of an inter-agency committee
formed by President Uhuru Kenyatta to look
at issues aecting the port.
The Kenya Ports Authority (KPA) managing
director Gichiri Ndua and some of his ocials
and police ocers at the port were sent packing after a report highlighted the rot at the
port that serves the Northern Corridor.

WHAT WORLD MARKETS


ARE WORRIED ABOUT

Markets, Page 53

US Republican presidential
candidate won the New
Hampshire primary by 34 per
cent, with his rivals John Kasich
garnering 16 per cent while Ted
Cruz, Jeb Bush and Marco Rubio
were tied at 11 per cent.

REGIONAL ROUNDUP

KENYA:

It has been a dismal start to


the year for stockmarkets. In
the rst two weeks of 2016,
Frankfurt and Tokyo fell by
double-digit percentages.

DONALD TRUMP: The abrasive

www.theeastafrican.co.ke
EDITORIAL

E-mail:eastafrican@ke.nationmedia.com

Senior port police ocers were reshued in


the far-reaching purge announced midweek
by the Cabinet Secretaries Joseph Nkaissery
of Interior and James Macharia of Transport,
Kenya Revenue Authority commissioner-general John Njiraini and Inspector-General of
Police Joseph Boinnet.
Mr Macharia said that the ports board had
established that sta had failed to fully carry
out their duties to stop or mitigate the possibility of port work and delivery being compromised. He said there was need for a re-organisation in the way transit goods are handled.

NAIROBI ADVERTISING & CIRCULATION


Connie Mwangemi, Nation Centre, Kimathi
Street,
P.O. Box 49010, GPO 00100, Nairobi.
Tel: +254 (0) 20 3288149
E-mail: cmwangemi@ke.nationmedia.com
NAIROBI SUBSCRIPTIONS
Tel: 328 8554/6/7,
Fax: +254 (2) 214047/214565
E-mail: eastafricansubs@ke.nationmedia.com

Diplomat warns of possible attack by


Al-Shabaab militants in Amisom gear
SOMALIA: Somali militants Al-Shabaab are planning
to attack liberated areas disguised in uniforms
stolen from the African peacekeepers, the Special
Representative of the Chairperson of the African
Union Commission for Somalia, Francisco Madeira
has warned.
Mr Madeira, an Amisom head, said Al-Shabaab is
plotting to strike in communities in the liberated
areas that are currently enjoying peace and appealed
to the Somalia public to be on the lookout and guard
against such manipulations.
If you see any suspicious behaviour by anybody
in Amisom uniform, report it immediately to the
authorities so that we can all be able to defeat this
heinous enemy who does not respect life, who does
not want the development of the people of Somalia,
warned Madeira.
Some of the uniforms were obtained during the
attack of the Kenya Defence Forces camp in ElAdde in the Gedo region on January 15 in which an
unknown number of soldiers were killed.

ADVERTISING, CIRCULATION, SUBSCRIPTIONS


DAR ES SALAAM
Philip Kassanga,
4th Floor, Harbour View
Towers, Samora Avenue,
P.O. Box 8101, Dar es Salaam
Tel: +255 22 2119657/8/9
Fax: 255 22 2115566
pkassanga@tz.nationme
dia.com

ARUSHA
Nassib Majamba,
3rd Floor, Summit Centre,
Sokoine Road,
P.O. Box 14146, Arusha.
Tel +255 272 544505
E-mail: nmajamba@tz.nati
onmedia.com

KAMPALA
Richard Senkwale,
7th Floor, Crested Towers,
Short Tower,
Hannington Road,
P.O. Box 6100, Kampala.
Tel: 232771/2, Fax: 232781
E-mail: rsenkwale@ug.nati
onmedia.com

KIGALI
Justus Muhwezi,
8th Floor, Bodifa Mercy
House, Airport Road,
Opposite Parliament,
P.O. Box 7508, Kigali.
Tel: +250788780848
E-mail: jmuhwezi@rw.natio
nmedia.com

FEBRUARY 13-19, 2016

The EastAfrican

ILLEGAL IMMIGRANTS

Foreign teachers leave Tanzania

THE INTEGRATION
TRACKER
Monitoring the progress of
the East African Community
Positive
developments

Immigation
issued a notice to
pivate schools
to submit wok
pemits of
teaching sta

Negative
developments
Neutral

East African Gender,


Equality, and Development
Bill sails through

By APOLINARI TAIRO
Special Correspondent

he
decision
by
the
Tanzanian government to
kick out illegal immigrants had
led to the expulsion of more
than 5,500 foreign teachers as
at the end of January.
The teachers, mostly from
the region, went back to their
countries after the Immigration
Department issued a notice to
private school owners requiring
them to submit work permits of
their foreign teaching sta.
The decision to expel workers
without valid work permits
was made after immigration
authorities and the police
apprehended foreigners from
the Horn of Africa a few
months ago.
A senior immigration ocer
in Dar es Salaam said there were
hundreds of illegal foreigners
working in Tanzanias business
capital, most of them from
Kenya, China, India, Pakistan
and Malawi.
We are tracking them down
to verify their presence in
Tanzania before taking legal
action against them, he said.

NEWS

DIRECTIVE
The Tanzanian government
issued a directive late last
year asking foreigners
working without proper
permits to leave the
country.
A work permit in Tanzania
costs $2,000, and is the
most expensive in the EAC.

Workers without valid work permits have been expelled by the Tanzanian government.
Picture: File

We request
the
government
to relax the
working
regulations
for foreign
teachers
Mzinde Mnzava,
TAMONGSCO
chair

English and science teachers


from Kenya and other EAC
member states were the most
aected. There are more than
6,000 foreigners hired by
private schools in Tanzania.
Mzinde Mnzava, the chairman
of the Tanzania Association
of Managers and Owners of
Non-Government Schools and
Colleges (TAMONGSCO), said
the country has a shortage of
27,000 science teachers.
We request the government
to relax the working regulations
for foreign teachers to allow us
to hire more teachers who are
experienced to ll this gap, he
said.
Private schools perform
better than public schools in the
country.

TA M O N G S C O s e c r e t a r y
general Benjamin Nkonya said
deporting foreign teachers will
aect private schools, many of
which hire English teachers
from Kenya and Uganda.
The decision made by the
government will have a major
negative impact on private
English-medium schools since
many Tanzanian teachers are
not competent in English and
science studies, he said.
He said colleges in Tanzania
did not train enough primary
school teachers in English;
most are trained in history and
geography.
Tanzania Teachers Union
president Gratian Mukoba said
the union is not against the
governments move to crack

down on foreign and illegal


immigrants, but added, If we
want to have children who are
well educated, there is a need to
have foreigners who will help us
to train the future generation,
he said.
East
African
Employers
Association chair Rosemary
Ssenabulya faulted Tanzanias
move to lock out other East
Africans from their job market.
She said the move was against
the EAC Common Market
Protocol that advocates for free
movement of labour across the
borders of member states.

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The East African Gender,


Equality, and Development Bill, 2016,
sailed through the rst reading at
EALA as the House met mid-week.
The Bill aims to make provision
for gender equality, protection and
development in the EAC.

East African Legislative


Assembly allows
introduction of anticorruption Bill
The East African Legislative
Assembly has assented to the
introduction of the EAC Integrity
and Anti-Corruption Bill, 2016. The
Bill seeks to outlaw corruption in the
EAC, and to introduce and inculcate
values within the institutions and
organs of the Community. The EAC
Treaty and other instruments prohibit
corruption. but the Community
currently does not have a legal
framework in which to anchor
integrity matters.

NEWS

The EastAfrican

FEBRUARY 13-19, 2016

UGANDA DECIDES

Region on the watch as tight Uganda race enters


Victoy fo Pesident
Museveni will mean
continuity in Ugandas
foeign policy
By DANIEL K. KALINAKI
The EastAfrican

ganda goes to the polls on


Thursday February 18, with
President Yoweri Museveni in a
narrow lead according to recent
polls, but with opposition candidate Kizza Besigye taking the
race down the wire, the region is
watching closely for an outcome
that could fundamentally alter
the geopolitics of East and Central Africa.
President
Museveni,
who
marked 30 years in power last
month, has, in that time, become
not only the regions longest-serving leader, but also a key player
in economic and political integration as well as military conicts in Somalia, the Democratic
Republic of Congo, South Sudan and Burundi. The Ugandan
leader, who signed the Protocol
to re-establish the East African
Community (EAC) in 1999 with
then presidents Daniel arap Moi
of Kenya and Benjamin Mkapa of
Tanzania, has made the evolution
of the regional economic bloc into
a political federation the main
goal of his presidency.
I am here to see whether we
can help you get the East African Federation so that we have a
critical mass of strength that can
guarantee your future, our future
and our childrens future, Museveni said in a radio interview
in Kampala, echoing a campaign
message from the 2006 election
when he had term limits lifted
from Ugandas Constitution to allow him to run again.
The other time, we almost
succeeded in forming the East
African Federation, Mzee Moi
was committed, Mzee Kibaki was
committed, Uhuru is committed, we have been having some
issues with Tanzanians but even
[former president Jakaya] Kikwete had agreed that we move.
This is the number one target
that we should aim at.
Victory for Museveni would
mean continuity in Ugandas
foreign policy and with relatively new governments in Kenya, South Sudan and Tanzania,
maintain Kampalas inuence in
the region.
Our relationships are institutional, in the EAC, in Inter-governmental Authority Development (IGAD), and in the regional
infrastructure programmes we

are working on, a foreign aairs


ocial in Uganda told this newspaper. These are things that
have been ratied and localised
and whoever comes in will have
to continue with most of them,
unless there is a very good reason
to change. It cant be change just
for the sake of changing.
An unlikely victory for Amama
Mbabazi, who has been third in
all public opinion polls so far, is
likely to see a continuation of
Museveni policies as the former
prime minister and NRM secretary-general has run a more of
the same, but better campaign.
If, however, Dr Besigye were
to win the election, it would be a
break with the past three decades
and a real shift of power domestically, with spill-over eects on
the region.
He would inherit a foreign
policy with an expansive military
footprint that has at least once in
the past seen Uganda with active
combat troops in four countries
at the same time.
The opposition leader would
also inherit Ugandas mediation
role in South Sudan and the Burundi conicts, a relationship
with DR Congo that has been
thawing over the past two years,
and as host of the Nile Basin Initiative Secretariat, a key role in the
more strategic contest between
downstream countries on the one
hand and Egypt and Sudan on the
other over use of the Nile waters.
The FDC manifesto does not
propose any major foreign policy shifts apart from noting that
a strong EAC and African Union
can never be built on the basis of imperial presidencies and
the magnanimity of strongmen
but rather on the basis of strong
states and nations where the citizen is central to that agenda.
The FDC president, Maj Gen
Mugisha Muntu, told The EastAfrican that a Besigye government would remain engaged in
regional initiatives like the EAC,
the IGAD and the International
Conference on the Great Lakes
Region, but would change its
mode of engagement.
The rst thing is to ensure that
Uganda as a country remains a
player, but in an institutionalised
manner, not as a person, he said.
We need to focus more on economic development and trade in
the region, increase trust among
countries and therefore increase
stability. Instability in the region
has a very high cost to economic
development because the mutual
suspicions create an arms race
which takes money away from
important service delivery.
After running a campaign
premised around returning polit-

A campaign poster of President Yoweri Museveni dwarfs others in a Kampala street on February 11. President
Museveni is facing his hardest battle to date as his rivals gain public support. Pic: AFP

ical power to citizens and empowering them economically, a new


FDC government is likely to be
inward looking in the short-term,
and its foreign policy would be
heavily inuenced by its domestic
policies and choices, according to
its ocials.
Some of the regional complications are due to poverty, like
sending our troops to war abroad
so that they can earn more money
there instead of making sure we
pay those at home just as well,
says Nathan Nandala-Mafabi, the
party secretary-general.
We also need to ask whether we have to settle all conict
militarily, he adds. Take Soma-

NEW BEGINNINGS
The Ugandan election is on
February 18 and final results are
expected within 48 hours.
An FDC calendar shared on
social media optimistically lists
February 19 as the date to start
clearing out State House, with
occupancy changing the next
day.
However, the new president will
not be sworn in until May 12,
one of many things, like foreign
policy, a new government will
have to learn should Ugandans
vote out Museveni next week.

lia, for instance. We need to ask


why Al Shabaab are ghting and
whether they cannot be accommodated politically. We must negotiate rst, then go in militarily
if need be.
A geo-political analyst working on East Africa and the Horn
of Africa said a new government
in Uganda would have to maintain about 80 per cent of the
countrys current foreign policy
and would have very little policy
space in the short-term to make
major changes.
If Besigye wins, he will try to
engage dierently but it will not
be in his power to make drastic
changes, said the analyst who
asked not to be named because
his work requires him to work
with whichever leader will be
elected.
He added: For instance, the
approach to South Sudan will
be shaped by how Khartoum responds to a Besigye presidency.
Sudans interest is not tied to Museveni; it is to make South Sudan
ungovernable so whoever comes
to power will have to deal with
and respond to that reality.
A Besigye-led government will
face an immediate challenge of
making friends and inuencing
people among regional leaders. In
Kenya, a key trading partner and
access route to the sea, President
Uhuru Kenyatta and his deputy
William Ruto received support

from the Ugandan leader in their


election campaign and, once in
oce, in their ght against the
International Criminal Court
where they both faced trials.
The ICC charges against Uhuru were withdrawn in December
2014 and Mr Ruto, who still faces
charges, has continued to lean on
Museveni in his political ght. On
December 9, 2015 he met with
Museveni and campaigned for
him in Sebei region, eastern
Uganda, where the local communities are ethnically related
to Mr Rutos Kalenjin community
in Kenya.
Rwanda looked favourably
upon Besigyes rst candidature
in 2001 at a time when relations
with Uganda were fraught following clashes between the two
countries armies in eastern DR
Congo. However, there has since
been rapprochement between the
two countries and their respective leaders and last December,
President Paul Kagame gave a
nuanced and important endorsement of his incumbent counterpart.
I am sure the Ugandans are
mature enough to know how to
resolve their political dierences
in the electoral processes and the
outcome will be what Ugandans
deserve, he said at a press conference in Kigali, but if that was
to result into any disturbances
for the Ugandans I am not say-

FEBRUARY 13-19,, 2016

The EastAfrican

NEWS

UGANDA DECIDES

last mile, with regional relations at stake


Some of
the regional
complications are
due to poverty, like
sending our
troops to
war abroad
so that they
can earn
more money
there.
Nathan
NandalaMafabi, FDC
Sec-Gen

ing thats what they deserve; I


think they deserve stability, they
deserve leaders that will either
continue to work for the development and good future of Uganda
and I think Ugandans, as they go
into the elections, I am sure everyone has this at the back of their
minds that they want whats best
for them, whats best for Uganda,
and that can only come with the
result that is stable, that maintains the integrity and stability
and security of Uganda and safety

of Ugandans.
He then added: But if you
want to know my preference, I
have been working with the incumbent government and leaders
very well so I wish them well.
President Salva Kiir of South
Sudan is dependent on President
Musevenis military and diplomatic support while newly reappointed Vice President Riek Machar also mended fences with Museveni during a recent meeting in
Uganda and openly called for his

What are they running for?

Incumbent President
Yoweri Kaguta Museveni
Claim to fame: Thirty
years in power and,
according to him, a lifetime
as a revolutionary.
Why is he running?
To maintain steady
progress, unite East
Africans, and keep rivals
away from the spoils of
development, including oil.
How to spot him: Look
out for the man with a
hat, a yellow shirt and a
thumbs-up sign.

Warren Kifefe Kizza


Besigye
Claim to fame: Fifteen
years of consistently
opposing the incumbent
and perhaps the rst
modern Ugandan politician
to receive from, rather
than give money to voters.
Why is he running? To
give power back to the
people and in deance of
the state which he says has
become dictatorial.
How to spot him: Look
out for a man in a stripped
blue shirt dancing on a
campaign stage.

John Patrick Amama


Mbabazi
Claim to fame: Thirty
years in the system, a
super minister and defacto deputy president
who had the boss eye,
Why is he running? To
Go Forward, do the same
things, but do them better.
How to spot him: Look
out for a man in a white
and orange shirt trying
(and sometimes failing) to
blend in with the locals and
be one with the people.

re-election.
Tanzanias President John
Pombe Magufuli is yet to show
his foreign policy cards but President Joseph Kabila of DR Congo
has shown willingness to co-operate with Uganda on shared oil
elds and regional electricity
pools, and with President Pierre
Nkurunziza of Burundi waiting
on Museveni to nish his campaigns in order to resurrect peace
talks and keep away an AU peacekeeping force, the incumbent in
Uganda is sitting pretty in a circle of friends.
The FDC
SecretaryGeneral, Nathan
Nandala
Mafabi, underplayed the importance of these personal relations in a telephone interview
with The EastAfrican. Presidents are presidents; they have
to wish each other well and some
of them, such as Ruto and Uhuru
are looking at their own election
next year, but they would work
with a new government because
the interests will remain the
same, even if the approach and
personalities change.
A breakdown in personal relations between presidents Jomo
Kenyatta, Julius Nyerere and Idi
Amin contributed to the breakup
of the rst East African Commu-

nity in 1977 and, in the case of the


latter two, to war between Uganda and Tanzania a year later.
While personal relationships
between leaders are important in
relations between countries, some
of the regional issues in East Africa are institutional and beyond
the individual interests of leaders,
according to the geo-political analyst this newspaper spoke to.
Apart from regional power and
transport infrastructure projects,
he pointed to border disputes between Uganda and South Sudan,
between Uganda and Kenya over
Migingo Island, militant groups
in eastern DR Congo and noted
that these will determine the nature of engagement and relations
between the sovereigns more
than their personal relations.
If, for instance, South Sudan
took on a more aggressive approach towards Sudan, then [a
Ugandan leader] would probably
have to take on a soft approach in
order to be useful and to avoid an
escalation of Ugandas own relations with South Sudan, he said.
If President Museveni is reelected, he is likely to continue his
delicate balancing act of maintaining relations with the West
and supporting their security interests in the region while seek-

ing investment and new friends


from China and the likes of Iran,
Russia and even North Korea.
It is not clear whether a Besigye presidency would continue
along the same path. In a strong
newspaper opinion piece of October 2014, the opposition leader
warned that under him, Uganda
could refuse to pay some of the
odious debt the Museveni administration has taken on, mostly
from the Chinese, to fund infrastructure projects.
Citing what he said were inated major infrastructure project
loans funding corrupt individuals in the government, Besigye
warned, This debt does not bind
the nation; it is a debt of the regime, a personal debt contracted
by the ruler and, consequently, it
falls with the fall of the regime.
Citing examples from Ecuador,
Iraq and elsewhere, he added:
We cannot honour the blatant
conspiracy to encumber generations of our people with odious
debts. This is a legitimate struggle that Ugandans should prepare
themselves to face following the
inevitable collapse of the NRM
regime.
Ocials from the Chinese embassy in Kampala were not available for comment.

NEWS

The EastAfrican

FEBRUARY 13-19, 2016

UGANDA DECIDES

Paallel campaign stuctues hut NRM, FDC

s Uganda approaches
next weeks general
election, the presidential elections are
increasingly looking like a
two-horse race between President Yoweri Museveni of the
National Resistance Movement
(NRM) and Kizza Besigye of
the Forum for Democratic
Change (FDC). With Amama
Mbabazi and the Go Forward
Movement a distant third.
In contrast to much of the
academic literature on African
politics, which characterises
political parties as weak and
as existing as mere vehicles
for the ambitions of prominent
politicians, political parties in
Uganda clearly matter.
The NRM has an established
party structure that runs from
the national secretariat down
to the district and then to the
sub-county, parish and village
level. These structures are active: District party oces are
open across the country, while
it is usually relatively easy to
nd the village NRM chairperson. These structures also lie
at the heart of President Musevenis re-election campaign.
Mr Besigyes bid has been
signicantly bolstered by the
development of more coherent
FDC party structures across

the country since 2011 when


his campaign was widely criticised as disorganised and uninspirational.
Mr Mbabazis Go Forward
campaign has clearly suered
from the lack of party structures that can reinforce the
message spread through his
rallies and extensive media
coverage. The Democratic Partys campaign for Mr Mbabazi is in turn undermined by
a split in the party whereby
many prominent party members including Mukono municipalitys Hon Betty Nambooze are openly campaigning for Besigye.
However, while political parties clearly matter, their role is
complicated not only by inghts and internal divisions
but by the ways in which
ocial structures are simultaneously bolstered and undermined by parallel campaign
structures at the presidential
and parliamentary level.
Across the country, the proMuseveni eorts of NRM party structures are reinforced by
the work of a number of distinct, but often closely intertwined institutions.
First, you have Local Council 1 (LC1) chairmen the administrator responsible for a

President Yoweri Museveni on the campaign trail. Parallel structures in political parties may aect voting patterns. Picture: File

village or, in the case of towns


or cities, a neighbourhood.
There have been no elections
for LC1s since 2001 when political parties were still banned.
As a result, all chairmen stem
from the Movement days, and
most still associate with the
NRM and are seeking Musevenis re-election. For example,
when one attends local NRM
rallies or candidate stopovers in small trading cen-

tres, it is common for both the


LC1 chairman and NRM village chairman to say a word.
Although it is worth noting
how in many villages the LC1
chairman also doubles up as
the NRM chairman, and sometimes a clan elder or chief and
crime preventer.
LC1s also contribute to Musevenis campaigns in other
ways. For example, in eorts
to deploy 30 crime preventers
(CPs) per village, LC1 chairmen were requested to put forward a list of possible recruits.
Ocially, these cells comprise
a volunteer force under police
management who report on
and help prevent crime in cooperation with police and local
communities.
However, in practice, many
allege that CPs have been involved in extortion and other
criminal activities, and that
they are biased towards the
ruling NRM party.
Yet, pro-Museveni campaign
eorts do not stop there. In addition and motivated largely
by promises of future funding
various youth and workers groups across the country
have come together to form
NRM task forces whose main
role is to mobilise support for
the president. These groups
sometimes also have a security wing that has been trained
by retired security personnel.
However, while these parallel structures strengthen
the NRMs presidential campaign, they often weaken the
campaigns of other NRM candidates. In many areas the
loyalty of these parallel structures to lower-level NRM ag
bearers is questionable with
many party chairmen, LC1s
and so forth openly supporting NRM-friendly independent candidates.
As has been widely reported, there are a large number of
independent candidates standing for parliament, but also for
mayoral and council positions,
in this years elections. How-

ANALYSIS
GABRIELLE LYNCH

ever, most are not independent


in any meaningful sense. Instead, most use party colours
either yellow for NRM, blue
for FDC, or green for DP in
their posters and campaign
material, and openly support
the presidential candidate
for the same. Many are also
known party members and
only announced their independence after losing party
primaries.
As former party members,
and often as inuential local
leaders in their own right,
many independent candidates
enjoy close relationships with
upstream and downstream
party structures and can rely
on elements of the same to
support their campaign. In the
process, the campaign of the
ocial party ag bearer with
whom these independents are
contesting is fundamentally
undermined as party support
becomes divided and local cadres turn in against each other.
As a result, many NRM candidates cannot simply use the
ocial party or parallel struc-

Many independent
candidates enjoy close
relationships with upstream and down-stream
party structures.

tures that are working for Musevenis re-election, but have


to establish their own committees and campaign teams,
which adds yet another layer of
people who are campaigning
for Museveni.
This complex reality also
means that NRM ag bearers often cannot campaign together as, in some areas, their
support for fellow candidates
would undermine their own efforts in contexts where NRM
independents are more popular. This is evident in Kabarole
District, for example, where
candidates for parliament,
womens MP, LC5 and mayor
are all campaigning separately,
and where many members are
increasingly frustrated with
the level of party division.
The complicated role of parallel campaign structures is
also evident when one looks at
the FDC. For example, in Mukono district, Besigyes campaign is clearly strengthened
by the fact that locally popular
DP candidates are campaigning for him. At the same time,
however, this reality makes
it incredibly dicult for FDC
candidates to gain ground in
the DP heartlands of central
Uganda as the Besigye name
enables their DP rivals to
present themselves as the ag
bearers of the opposition in
a more general sense. In other
areas, the FDC like the NRM
is wracked by divided party
loyalties regarding the ocial
FDC parliamentary ag bearer
and FDC independent.
Such realities strengthen
Museveni and Besigyes presidential campaigns, but they
simultaneously render it more
dicult for other party candidates.

Gabrielle Lynch is
Associate Professor of
comparative politics at
University of Warwick, UK
(g.lynch@warwick.ac.uk;
@GabrielleLynch6)

FEBRUARY 13-19,, 2016

The EastAfrican

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NEWS

The EastAfrican

FEBRUARY 13-19, 2016

UGANDA DECIDES

All poll petitions need


same buden of poof
By HALIMA ABDALLAH
Special Correspondent

An Electoral Commission ocial captures the details of a Ugandan citizen during the National ID registration process. The national ID
cards will be instrumental in the upcoming elections. Picture: Morgan Mbabazi

Doubts still linger over accuracy,


integrity of electoral bodys list
Total vote count stood at 15,297,197 people
20,000 less than the bodys stated total
By GAAKI KIGAMBO
Special Correspondent

orts
by Ugandas
Electoral
Commission
to
explain
discrepancies in its voters register
have cast doubts on the cleanness of
the roll and, ultimately, the Electoral
Commissions ability to deliver a free
and fair election.
President of the Democratic
Party Norbert Mao has led a
petition in the Constitutional Court
challenging how
the
Electoral
Commission derived the register
it intends to use in the elections
on February 18. Mr Mao, who was
denied nomination for
the
parliamentary race on the grounds
that he is not a registered voter, led
the petition four days before the
electoral bodys latest woes began on
February 7.
On that day, Evelyn Namara, the vice
chairperson of the ICT Association of
Uganda who wanted to know the
number of eligible voters found an
Electoral Commission document titled
Voter Count per Polling Station 2016
General Election.
According to the document, the
total voter count across the 28,010
designated polling stations stood at
15,297,197 people. Of these, the number
of females was 8,027,803 while that of

There has been no public


explanation on how these
discrepancies came about.
Javie Ssozi, who worked with Evelyn
Namara to analyse the data

males was 7,249,394. Yet an addition


of these two demographics gives a
total of 15,277,197 people 20,000 less
than the Electoral Commissions stated
total, which Ms Namara concluded
were ghost voters.
Ms Namara contacted the Electoral
Commission for clarication, but a
response did not come until February
9 when the electoral body through
its ocial Twitter handle dismissed
her additions as baseless reports that
should be ignored.
Our register is electronic and clean.
Ghosts have no place on our register,
stated the tweet, kicking up a storm
that eventually forced the Electoral
Commission to pull down its original
document and to revise its gures to
reect 15,277,197 people.
According to Jotham Taremwa,
the
Electoral
Commissions
spokesperson, the earlier gure was
due to a statistical error. However,
in the revised document, the Electoral
Commission has scrapped the gender
demographics an omission that
takes away a critical data set, which
is and will be useful in further analysis
of the voter data per polling station,
said Javie Ssozi, who worked with Ms
Namara to analyse the data.
New discrepancy
The new gure also introduces a
new discrepancy of one voter more
(15,277,198), whose signicance lies
in the threshold required to win
the presidency. According to the
Constitution, for one to be declared
the winner of a presidential race, they
need to have got 50 per cent plus one
vote out of the total votes cast.
Additionally, this document is
not reconciled with another titled,
Updated Polling Stations List and
Voter Count for General Election, that

STATISTICAL ERROR
According to Jotham Taremwa, the Electoral
Commissions spokesperson, the earlier figure was
due to a statistical error. However, in the revised
document, the Electoral Commission has scrapped
the gender demographics.
The new figure also introduces a new discrepancy
of one voter more (15,277,198), whose significance
lies in the threshold required to win the presidency.
reects voter count as at December
29, 2015. It still contains data that the
Electoral Commission attributed to a
statistical error.
There has been no public
explanation
on
how
these
discrepancies came about. Without
a statement explaining how 20,000
voters ended up in the Electoral
Commission database, these changes
mean nothing, said Mr Ssozi.
This is not the rst time the total
number of people on the register has
been questioned. A December 18 brief
by the Citizens Coalition for Electoral
Democracy in Uganda (CCEDU) noted
how impossible it is for a country
like Uganda with its population
demographics, to have 15,277,197
million people eligible and registered
to vote.
At best, CCEDU estimated the
number no more than 10 million. A
look at the estimated number of people
below 18 years by mid-2015 and the age
structure according to the 2013 Uganda
National Household Survey appears to
support CCEDUs observation.
The Electoral Commission must
come clean on the recently revealed
discrepancies on the National Voter
Register and reassure the electorate
that it is ready to conduct the February
18 poll in a fair and transparent
manner, said a statement CCEDU
released on February 12.
A credible voter registration system
is one of the cornerstones of a free and
fair election.

JUST DAYS to the February


18 elections, Ugandas courts
of law face a dual challenge
over their capacity to determine the substantiality of
electoral malpractices in order to uphold or nullify the
outcome of the elections.
However, civil society
groups say the polls are
already tainted by several
abuses, the basis on which
two petitions have already
been led at the High Court
against the Electoral Commission.
In addition, with intimidation, confrontations and
breach of electoral laws
by dierent camps during
the campaign period, it is
almost certain that one of
the losing contenders in the
presidential race will go to
the Supreme Court to challenge the outcome.
As in the 2001 and 2006
petitions by Kizza Besigye,
it is the Supreme Courts
interpretation of one word,
rather than the grounds of
the petition, that provides
the basis of the ruling one
way or the other.
In an interview with The
EastAfrican, Chief Justice
Bart Katureebe concurs that
the word substantial is
subjective, and compared it
to the challenge judges face
in criminal matters where
a case must be proven beyond reasonable doubt. Yet,
in some cases, the Supreme
Court bench has failed to
agree in those cases.
No formula
It would have been so
much easier for the court to
say once the malpractice is
proved, nullify the elections.
There is no formula on what
is reasonable doubt. The
court must look at the body
of evidence and nature of
malpractices and determine
the case. The discretion has
been left to the court, said

Justice Katureebe, adding


that it would make work
easier if parliament amended the law.
However, last week at
a training for judges and
magistrates on how to handle election petitions, Court
of Appeal Judge Remmy
Kasule said the standard of
proof for all election petitions should be uniform
for all elective positions;
instead, a higher burden of
proof is placed on presidential election petitions.
The judge questioned why
a petitioner in a presidential
election must prove to the
satisfaction of the court that
the non-conformity with
electoral laws substantially aected the results, yet
decisions in parliamentary
election petitions are taken
based on a balance of probabilities.
This is what worries
civil society groups represented by Citizens Election
Observer Network (CEON),
who say they are armed
with evidence of high level
violence, lack of voter education and voter bribery, but
it is not clear whether the
courts will determine them
sucient grounds for the
presidential election to be
nullied.
The justices of the Supreme Court in 2001 and
2006 declined to nullify the
presidential election on the
basis that non-compliance
with an electoral law did
not substantially aect the
outcome.
The Presidential Elections
Act says the election of a
candidate as president shall
only be annulled if noncompliance with the provisions of the Act has been
proved; if the court is satised that the election was
not conducted in accordance with the principles laid
down in the law and that
non-compliance aected the
results of the election in a
substantial manner.

A Ugandan woman casts her vote in Kampala. The countrys


Supreme Court is likely to determine electoral suits. Pic: File

FEBRUARY 13-19,, 2016

The EastAfrican

NEWS

UGANDA DECIDES

Ugandans living in fear, uncertainty


Many ae said
to have left the
county as othes
ae stocking up on
food items

By GAAKI KIGAMBO
Special Correspondent

A JOINT REPORT
The EastAfrican

gandans head to the February 18 elections, billed as the


most ercely contested in the
countrys history amid fear and
uncertainty about the actions
of the state and the apparent
resolve by opposition political
forces not to accept any conduct
they perceive to be illegal.
This state of aairs was markedly on display by revelations
that some big corporations have
sent out election safety tips to
their sta, that some people have
started leaving the country in
search of safety abroad, that individuals have begun stocking
up on essential supplies, and that
there is a record low turnout at
some higher learning institutions, which has been attributed
to the coming elections.
For instance, on or about February 11, a security brief purported to be from Stanbic Bank
showed up on dierent social
networking sites advising the
bank sta to stock enough food
and water to last at least a week,
for those with cars to ll up their
tanks and to park them in secure
areas preferably within the
walls of their compounds and
well away from the main road.
The brief further advises its
recipients to have some cash in
hand in case ATMs are down, to
stay indoors at all times in case
of unrest and to lock all doors
and windows, to ensure they
stock up enough equipment like
ashlights, batteries, candles,
medical supplies, airtime and
spare batteries.
The brief, which Stanbic has
admitted to have originated for
internal use, came two days after the Electoral Commission
appeared to corroborate reports
The EastAfrican had earlier received that ocials at Entebbe

Museveni,
Besigye in
dead heat

Kizza Besigye
campaigns
in Kampala.
Ugandans
are worried
about the
aftermath of
the elections
Picture: File

We shall
not hand
over power
to the
opposition
to
destabilise
the peace
that we
fought for.
Kale Kayihura
the IGP

Airport had begun noticing an


unusually high number of people
leaving the country compared
with those who were making return trips.
Amedia dinner organised by
the EC on February 9 to urge
fair reporting and avoid causing
panic before, during and after
elections, Jotham Taremwa, the
Commissions spokesperson, reportedly told journalists that the
Emirates Airlines, for instance,
has in recent times own a lot
of people to Dubai apparently to
wait out the elections.
These developments come on
the back of already heightened
tensions between the government and the opposition as all
three leading contenders President Yoweri Museveni, Dr Kizza
Besigye, and Amama Mbabazi
have voiced concerns over
planned electoral malpractices
that each has vowed to block.
The anticipated vote rigging,
which seems poised to spark o
confrontations, has put vote protection initiatives like Dr Besigyes P10 networks (groups of 10
people the Forum for Democratic
Change is mobilising to protect its vote) against the equally
controversial millions of crime
preventers the police have been
training supposedly to supplement its work and now plans

SIGNS OF PANIC
This state of affairs was markedly
on display by revelations that
some big corporations have sent
out election safety tips to their
staff, that some people have
started leaving the country in
search of safety abroad, that
individuals have begun stocking
up on essential supplies, and
a record low turnout at some
to arm, according to Inspector General of Police Gen. Kale
Kayihura.
On Saturday, January 27,
while passing out a batch of
crime preventers in Kapchorwa
district, Gen Kayihura reportedly told them that, We are going to change you from having
sticks to ries and get ready to
defend this country in case of
any attack. The comment followed another in which he had
reportedly said, We shall not
hand over power to the opposition to destabilise the peace that
we fought for.
A few days after Kayihuras
pronouncements, Justine Kasule
Lumumba, the Secretary General of the ruling National Resistance Movement party, reportedly told an audience at the partys
campaign headquarters in Wak-

higher learning institutions,


which has been attributed to the
coming elections.
Early last week, police shipped
into the country massive
hardware that included several
armoured personnel carriers,
water cannons and tear gas
trucks, which its officials said are
aimed to secure the election.
iso district that the state was
prepared to shoot to kill anybody who they deem to be disorganising and destabilising the
peace and security in Kampala
and Wakiso Ugandas most urban centres.
Early last week, Police shipped
in state-of-the-art hardware that
included several armoured personnel carriers, water cannons
and tear gas trucks, which its ofcials said are aimed to secure
the election.
In the process of ensuring
that we secure the election, we
have had to purchase equipment
that we believe will help us in
transportation, in crowd control
and public order management,
said Police Deputy Spokesperson
Polly Namaye.
By Dicta Asiimwe and Gaaki
Kigambo

IF THE outcome of the February 18


general election were to be determined by how best presidential candidates have articulated national issues in the campaign, then President
Yoweri Museveni and his archrival
Dr Kizza Besigye are in a dead heat,
concludes the most recent opinion
poll by research rm Ipsos.
The Ipsos opinion poll gives President Museveni 39 per cent, against
Dr Besigyes 38 per cent, on articulation of issues.
But, the fth general election since
Mr Museveni came to power three
decades ago like all others before
it is unlikely to be decided purely
on which political camp has the most
realistic manifesto or the best team
leader to execute it, as multiple analysts have noted.
As such, Museveni relying on
the advantages of incumbency, a still
strong brand, the peace dividend the
country enjoys, and other support
he derives from controlling the state
may still carry the day. If he wins,
he will stretch his rule to 35 years,
which will move him up in rank
among the exclusive club of Africas
longest ruling leaders.
Fatigue
Or, Dr Besigye relying on sheer
personal resilience, a widely observed resonance of public fatigue
over Musevenis longevity in power,
and a much better executed campaign than the previous ones he has
mounted may eventually clinch
the presidency he has unsuccessfully
competed for three times now.
The Ipsos poll shows that 53 per
cent of the 2,144 people who were interviewed face to face would vote for
Museveni if the elections were held
between February 1 and February 8
when the poll was conducted across
all the regions in the country.
Musevenis score is respectively
25 and 51.1 per cent more than those
who said they would vote for Besigye
(28 per cent) and Amama Mbabazi
(1.9 per cent), his former prime minister and long-time right hand man
whose candidature was touted as a
game changer.

10

NEWS

The EastAfrican

FEBRUARY 13-19, 2016

ELECTION BOYCOTT

Zanzibar
political rift
widens after
rerun standoff
Nine opposition paties have pulled
out of the planned poll, leaving only
thee paties to face the uling CCM
By CHRISTOPHER KIDANKA
The East African

he political crisis in Zanzibar


following a cancellation of
the October election results
could
worsen
following
a boycott of the planned rerun
by the majority of political
parties.
Two
commissioners
of
the Zanzibar
Electoral
Commission
(ZEC)
have
also
disputed
the
decision to announce a rerun,

a factor the electoral body


says will have no eect on the
election.
With the withdrawal of nine
opposition parties, including
the
Civic
United
Front
(CUF) which had declared
victory in last years election
the ruling party Chama Cha
Mapinduzi (CCM) will face only
three parties.
CCM
ocials
have downplayed the widening
political
crisis, saying
the
election boycott by the nine

Opposition supporters outside the headquarters of the Civic United Front in Zanzibar on October 30, 2015, following a controversial
cancellation of general election results. Picture: AFP

opposition
parties neither
bothers the ruling party
nor renders the election
illegitimate.
Nape Nnauye, CCM Publicity
and Ideology Secretary told
The EastAfrican that his party
will go to the poll regardless of
who is boycotting because not
all political parties have been
elding candidates in every
election.
ZEC chairman, Jecha Salum
Jecha was not available
to comment on the CUF

commissioners boycott but


Harold Sungusia, director of
Advocacy and Empowerment at
Legal and Human Rights Centre
said ZEC has a legal mandate to
supervise the election rerun
because article 119 of Zanzibar
Constitution says the decision
of the commission shall be
reached by the majority of its
commissioners.
Provided the majority are
not objecting the rerun then the
election shall be legal; but in
my opinion the commission has
no moral authority to supervise
even the election of class one
monitor because it had already
messed up in the previous
election, he said.
The human rights watchdog
ocial said ZEC had annulled
the election citing a number
of irregularities such as votes
exceeding the number of
registered voters in some
polling centres, and ghting
of some members of the
commission, things which
render ZEC incompetent.
International spotlight
The
development
puts
Zanzibar in the international
spotlight as political observers
fear for tough political times
ahead due to collapse of talks
between CCM and CUF under
which a peaceful solution was
expected.
The Commonwealth had
appointed former Nigerian
President Goodluck Jonathan
as a mediator in the crisis
in December to steer the
mediation eorts but he was
reportedly ignored.
The two commissioners,
Ayoub Bakari Hamad and
Nassor Khamis Mohammed,
blamed ZEC chairman Mr
Salum Jecha for nullifying
the outcome of the October
election, and called for an
international mediator to help
resolve the situation.
We call upon the rest of the
ZEC members to ignore the
rerun of the elections because it
wont be in the national interest
to take part in an exercise that
will tarnish the image and
history of Zanzibar, said Mr

CCM UNMOVED
Chama Cha Mapinduzi
(CCM) has said the election
boycott by nine opposition
parties neither bothers the
it nor renders the election
illegitimate.
The nine parties include the
Civic United Front which had
declared victory in last years
Mohammed.
The diplomatic corps in
Tanzania came out strongly to
dispute the decision to nullify
the election with political
commentators fearing that the
tense situation could impact
the
relationship
between
the government and the
international community.
Hanne-Marie
Kaarstad,
Norwegian ambassador to
Tanzania refuted claims that
she had visited Zanzibar and
met with CUF ocials despite
the latter conrming to the
media that she had done so.
Instead, the embassy said a
senior ocial from the embassy
had visited both CCM and CUF
oces in Zanzibar.
Dianna
Melrose,
the
British High Commissioner to
Tanzania who was seen as one
of key persons in co-ordinating
diplomatic eorts on Zanzibar
was replaced on Tuesday
by the British government.
Unconrmed reports suggested
that the Tanzanian government
had complained to the British
government about her role in
Zanzibar, with the government
accusing the diplomats of siding

All electoral disputes


are due to the lack of a
free and fair process ...
We need a permanent
solution overseen by an
international mediator.
Alley Nassor, senior lecturer,
Zanzibar State University

election.
According to Nape Nnauye,
CCMs Publicity and Ideology
Secretary, the party will still
go to the polls regardless of
who is boycotting because not
all political parties have been
fielding candidates in every
election.
with the opposition.
In an unprecedented move,
President John Magufuli did not
attend a traditional cherry party
organised in State House last
week. The annual event usually
brings together the president
and diplomatic corps to discuss
various issues of interest.
The
main
opposition
Chadema
has
criticised
President Magufulis decision
not to attend the party
saying he would have used
the time to describe to the
international community what
the government was doing to
resolve the Zanzibar political
situation. The President was
represented by the minister
responsible for foreign aairs,
Dr Augustine Mahiga.
Alley Nassor, a senior lecturer
at the Zanzibar State University
called for the resumption of
the mediation talks and the
revamping of the ZEC to allow a
future rerun to be administered
by an independent electoral
commission.
Dr Nassor further said
that CCM Zanzibar was using
the advantage of the Union
government to defy calls for
holding a democratic election
to do whatever it wanted
regardless of its future political
implications.
All electoral disputes since
1995 are caused by the mere fact
that the electoral process isnt
free and fair, therefore, we need
to come up with a permanent
solution administered by an
international mediator, said Dr
Nassor. CCM isnt concerned
about threats to suspend aid
because they know they have
support from the mainland.

FEBRUARY 13-19,, 2016

The EastAfrican

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The EastAfrican

NEWS

FEBRUARY 13-19, 2016

BANK UNDER RECEIVERSHIP

SAVING PROPERTIES
Some senior managers being
pursued over the collapse of
Imperial Bank last December
moved to court to object the
move to attach their properties
In their affidavits, Imperial
Banks managing director
Naeem Shah, the family of the
deceased former chief executive
Abdulmalek Janmohammed,
and James Kaburu, current
deputy CEO, distanced
themselves from the fraud, and
asked the court to throw out
any attempts by the bank to
attach their properties. in a bid
to recover the lost millions.

Imperial Bank shareholders take


liquidation battle to Kenyan court
The investos in the suit papes
say they have been denied an
oppotunity to patcipate in the
estuctuing of the bank
By ALLAN OLINGO
The EastAfrican

$100m
Amount Central
Bank has told
shareholders to
deposit to save
Imperial Bank

$80m
Amount large
institutional
depositors are
claiming from
Imperial Bank

mperial Bank shareholders have


led a court case to block the
payment of large depositors as
they ght to save the bank from
imminent liquidation.
With only a month to the end of
March, when the large depositors
are expected to know their fate,
the shareholders of the bank,
which was put under receivership
in October last year, are seeking
orders to stop any action that will
result in liquidation of the bank.
They also want the court to order
negotiations between them and
CBK.
In mid-December last year, CBK
authorised payments to small
depositors, eectively signalling
there would no come-back from
statutory management of the
second-tier nancial institution,
while pegging the fate of close
to 6,000 large institutional
depositors at Imperial Bank and
their $80 million in deposits to
the outcome of negotiations.
The move is also expected
to push shareholders of the
collapsed bank into intensied
eorts to reopen the bank,
while at the same time creating
room for negotiations with the
large institutional depositors
into converting their deposits to
equity.
In their court papers, the
shareholders accuse the Central
Bank of Kenya and Kenya
Deposit Insurance Corporation
of unfair administrative action
in announcing the start of
the transfer of the assets and

Imperial Bank was placed under receivership in October last year. Picture: File

liabilities of Imperial Bank Ltd


to Diamond Trust Bank Ltd and
Kenya Commercial Bank Ltd.
The shareholders also claim
that the CBK and KDIC have
barred them from accessing the
banks books of accounts and
other records to determine its
nancial status, thus denying
them meaningful participation in
the restructuring of the bank.
In contrast, the respondents
have conversely allowed the
interested parties access to the
banks accounts and other records
and have as a result violated
the
shareholders
statutory
and constitutional rights, the
shareholders say in their suit
papers.
The CBK and KDIC are yet to
respond to the claims.
Imperial Bank shareholders
and the Central Bank have
disagreed over the reopening of
the bank, with CBK Governor
Dr Patrick Njoroge saying the
shareholders
had not
given

him any concrete plans for the


reopening.
We are open to genuine
proposals to reopen the bank.
There is an account here in the
CBK; if you are serious, put the
$100 million there, then we can
discuss, said Dr Njoroge late last
month, referring to a proposal
made to shareholders to inject
cash into the bank.
In early November last year,
CBK and the Shareholders
had a meeting where the latter

We are open to genuine


proposals to reopen the
bank. There is an account
here in the CBK; if you
are serious, put the $100
million there, then we can
discuss.
Dr Patrick Njoroge, CBK Governor

presented their reopening plan


but this was rejected.
In their plan, the shareholders
proposed to ensure that all
account holders received $10,000
immediately, bring in $100 million
from existing shareholders prior
to the banks opening, collaterise
$100 million of assets provided
by W.E Tilley and the voluntary
conversion of the deposit into
ordinary share to the tune of
$100 million. Also included in
the proposal was to have the
balance of deposits turned into
medium-term
FDRs
repaid
with varying maturities. The
Central Bank, while demanding
the shareholders bear a heavier
burden in the recapitalisation
needed for reopening of the lender
in fullment of their duciary
duty to the public, had presented
a proposal that called for between
$100 million and $200 million
in shareholder equity injections,
$200 million to collaterise the
unsecured debt of W.E Tilley, cash

injection of $50 million from the


recovery of W.E Tilley assets and
a further $50 million in a large
depositors equity swap. A report
by FTI Consulting, the forensic
auditors appointed by Imperial
Bank shareholders, which is one of
the documents presented in court,
indicates that the lender was
looking at raising $386 million
by June next year, which would be
injected into the bank.
The bank was to inject $100
million by end of next month, a
further $12.5 million from the
sale of its 51 per cent stake in
the Ugandan subsidiary, with
unnamed
strategic
investors
injecting in $125 million into the
lender before the end of this year.
It also shows that Imperial
Bank was looking at recovering
$118 million from unauthorised
disbursement by December, and
a further recovery of $25 million
from the estate of its former
managing director, Abdulmalek
Janmohammed.

Building of ailway teminal delayed as m loses cucial licence


By KENNEDY SENELWA
Special Correspondent

KENYAS NATIONAL Environment Tribunal


has cancelled a Chinese rms licence to harvest sand from the Indian Ocean for reclaiming land for the construction of a new railway
terminal.
NET cancelled environmental impact assessment licence issued to China Roads & Bridges
Corporation (CRBC) to harvest sand as a result
of an appeal lodged by Kwale residents.
The National Environment Management
Authority (Nema) had issued licence to
the Chinese rm to harvest sand to be used as
material to reclaim land where a container terminal for standard gauge railway (SGR) will be

located at Port Reitz in Mombasa .


NETs decision took consideration of Kwale
residents fears that sand harvesting would affect the best formed coral reef, sh breeding
ground, quality of water and livelihoods of local people.
The tribunals order setting aside the EIA
licence issued on May 22, 2015 is likely to affect the timetable for building thecontainer
terminal as CRBC has June 2017 deadline to
complete a 472-kilometre SGR from Mombasa
to Nairobi.
NET is empowered by Kenyan law to hear
and determine appeals against decisions made
by the Nema relating to issuing, revocation or
denial of EAI licences.
CRBC has to stop harvesting sand and com-

mission afresh EIA.


The tribunal directs a full EIA study be expeditiously conducted in full compliance with
the law, including regulation of the EIA and
audit regulations, based on specic and current baseline information, reads NETs order.
The South Coast Residents Association
(SCRA) and Kwale County Natural Resources
Network (KCNRN) led an appeal in the tribunal on July 2, 2015 through Midirika & Company Advocates against NEMA and CRBC.
SCRA with KCNRN contested sand harvesting citing potential damage to the marine
habitat and sea life o Diani and Tiwi beaches,
which support tourism and shing along the
countrys coastline.
There was no socio-economic study con-

ducted to identify potentially aected community members, said NET.


Nema had granted the Chinese contractor
the EIA licence to harvest 800,000 tonnes of
sand oshore along the Indian Ocean from
Likoni through Waa to Tiwi area in Kwale.
Nama had allowed sand harvesting at a distance of between 400 metres and one kilometre from the shoreline, but SCRA with KCNRN
demanded that these activities be moved ve
to 10 kilometres away in line with international standards.
Nema said the EIA licence was approved
with conditions, one of which was to address
potential environmental hazards, relocation,
compensation and restoration of the livelihoods of the aected community.

FEBRUARY 13-19, 2016

The EastAfrican

Web of faud
that took CBK
moe than thee
yeas to cack
down on
By ALLAN OLINGO
The EastAfrican

ON THURSDAY, April 5, 2012, at


6.03pm, an anonymous e-mail
was sent out by a person claiming to be a member of sta at Imperial Bank, alleging fraudulent
activities in the bank.
Among the recipients of the
mail was Kenyas nancial sector regulator, the Central Bank of
Kenya (CBK).
I am sharing this information
despite the threats that the management continuously issues, the
whistleblower wrote, adding that
CBK inspectors who had condoned the crimes, together with
senior management, would be
named.
The whistleblower alleged that
money laundering and tax evasion were perpetuated in several
accounts, which included W.E
Tilley.
The whistleblower also
claimed that the then managing
director Abdulmalek Mohamed
had secret accounts abroad, to
which embezzled funds were
channelled to.
The e-mail is one of the documents annexed to the adavit
of Anwar Hajee, one of Imperial Banks shareholders, in support of a court case in which the
shareholders seek to stop actions
that could lead to liquidation of
the bank.
Mid-morning Tuesday, April
10, 2012, the Central Banks Communications Oce forwarded the
whistleblowers e-mail to an ocer within the bank for action. Six
hours later, a Mr Cheres wrote to
James Kaburu, Imperial Banks

chief nance ocer, asking


him to supply CBK with the 50
largest borrowers of the bank,
and information on the alleged
fraudulent accounts and activities in the bank.
Twenty minutes to midday
of the next day, Mr Kaburu
sent an e-mail response to
Mr Cheres stating that no Central Bank inspectors had facilities with Imperial Bank.
We also strictly follow CBK
prudential guidelines with
regards to money laundering
and tax evasion when opening accounts and conrm that
all transactions with our clients are above board. We have
installed manstas systems that
pick out all suspicious transactions. We hope that the information provided has claried
and exonerated the bank from
such malicious and un-authenticated e-mails, Mr Kaburu
wrote.
CBK went ahead to request
more information on two other accounts, which Mr Kaburu
shared.
In October last year, Imperial Bank was placed under receivership by CBK after it was
found that more than $340 million was missing in fraudulent
activities that involved one of
the accounts that the whistleblower had mentioned.
The EastAfrican has seen
some of the documents, led in
court, which point to how the
fraud happened and who was
responsible.
They include a report by
forensic audit rm FTI Con-

13

records were not disclosed to the


board in the nal presentation.
The forensic audit also reveals
the existence of special loans
within the banking institution
that totalled $60 million as at
the end of March 2014.
Documents created in April
2010 and March 2014 list special
loans that appear to be the accounts through which fraudulent funds were disbursed, FTI
states in its preliminary ndings. It adds that apart from the
fraudulent disbursements, the
management converted to fake
deposits in dormant or inactive
accounts to fund cash withdrawals.
A Central Bank account, without any specic amount, appears under this special loans
category.
In the court papers are email exchanges among senior
Imperial Bank sta, as well
as with Central Bank sta.
In one of the e-mail exchanges,
Mr Kaburu instructs a Mr Reuben from Central Bank to delete some information in what
the FTI investigators, suspected
could have been a case of collusion.

A whistleblower alerted the Central Bank of Kenya on a secret account abroad where funds
were fraudulently channelled to. Picture: File

ACCESS TO DEPOSIT
Kenya Deposit Insurance Corporation has
provided Ksh8 billion to KCB and Diamond
Trust Bank to pay small depositors of Imperial
Bank and ease anxiety among depositors.
KCB and DTB were directed to pay each
depositor up to a maximum of Ksh1 million,
subject to account and identity verifications.
According to the directive, 44,300 depositors
were expected to get full access to their in

The fraudulent
transactions
resulted in
the loss of
$380 million
of which
$200 million
comprise
disbursements
and a further
$180 million
as accrued
interest.
Construction of SGR container terminal in Mombasa. Picture: File

NEWS

Alnashir Popat, the


banks chairman

an exercise that is expected to conclude next


month.
Under the arrangements, the depositors with
less than Ksh1 million ($10,100) in saving will
be paid in full by the two banks while those
with more than a million in deposits will get a
maximum of Ksh1 million ($10,100) and wait
for further communication from the Central
Bank of Kenya.

sulting, which was hired by the


banks shareholders to investigate the fraud.
On September 15, 2015, the
banks managing director, Abdulmalek Janmohamed suffered a heart attack; and died.
The next day, Naeem Shah, the
then head of credit and James
Kaburu, the chief nance ocer,
were appointed acting managing director and deputy managing director, respectively.
According to the documents
before the court, seven days after assuming the new positions,
the two new executives conded in the banks non-executive
chairman Alnashir Popat about
the alleged fraudulent activities
initiated by Mr Janmohammed,
that involved irregular disbursements of vast amounts of money
belonging to the bank, but were
concealed from the board.
In its ndings, FTI
names Mr Janmohamed and
his senior management team
as the players in the fraudulent
scheme.

According to the report, the


nancial statements presented
to the board, which were subsequently reported, understated
advances and deposits by $380
million, with suspicious disbursements of $200 million involving at least three customers
made on the strength of handwritten chits by the group managing director, through a special
accounting software.
According to the documents,
the scheme roped in senior managers, who duped the board into
believing that the banks books
were up to date.
Final board report
For instance, in February
2013, while preparing a nal
board report, the banks senior
business development manager
Mehbooba Shamji sent an e-mail
to Naeem Shah, then the banks
head of credit, advising him that
he was free to remove or add
replacements, in relation to the
top 50 largest borrowers whose

Conspiracy
Dear Mr Reuben, the highlighted in purple are the ones
to be deleted. Classications of
Automotive Solutions should
change from doubtful to watch.
Please send me the amended
copy, Mr Kaburu wrote. In the
list provided, the changes requested have been eected.
In October, Central Bank
governor Dr Patrick Njoroge
acknowledged that banks supervision needed strengthening to
avoid a repeat of Imperial Bank.
We are going to do investigations into how this lapse
happened. It will also focus on
whether there was collusion between the bank and supervisory
sta, Dr Njoroge said.
On the October 12, Imperial
Bank chairman Alnashir Popat
wrote to Central Bank, highlighting the FTI report ndings while
at the same time requesting a
face-to-face meeting with Dr
Njoroge.
The fraudulent transactions
resulted in the loss of $380
million of which $200 million
comprise disbursements and a
further $180 million are accrued
interest, Mr Popat wrote.
In this letter, the shareholders wanted to have a meeting
with the Central Bank to chart
a way forward. However, the
next day Dr Njoroge wrote back
to Mr Popat noting that CBK
had determined the business
conduct of Imperial Bank as
unsafe and unsound to transact
business.
In the circumstance and to
protect depositors interest, the
Central Bank has appointed the
Kenya Deposit Insurance Corporateion (KDIC) as the receiver
manager for a period of Twelve
months eective October, 13 Dr
Njoroge wrote, before the bank
sent a press release to the media.

14

The EastAfrican

NEWS

FEBRUARY 13-19, 2016

Buundi to
vie fo EAC
Secetay
Geneal

RESETTLEMENT

Rwanda discusses
terms for Israeli
asylum seekers

By A SPECIAL CORRESPONDENT
The EastAfrican

The county is expected to esettle Afican


asylum seekes ejected by Tel Aviv
By IVAN R. MUGISHA
The EastAfrican

wanda is in negotiations with


Israel over the terms for accomodating refugees from Africa who are
seeking asylum in Jerusalem.
Rwandas Minister of Foreign
Aairs Louise Mushikiwabo said
the negotiations would determine
the resettlement package and the
number of refugees to be own from
Israel, contrary to some reports that
some refugees from Eritrea and Sudan had already been admitted to
Rwanda as part of the deal.
We were approached by Israel on
the resettlement of some refugees,
so were a number of other countries,
not just Rwanda. This happened
about two or one and a half years
ago We havent been able to nalise [the deal], Ms Mshikiwabo said
last Tuesday.
Our immigration ocials and
their Israeli counterparts have been
discussing the resettlement package in terms of where the refugees
should settle in Rwanda, what kind
of exibility they would have and the
medium-to-long-term status.
A BBC report on February 3 however claimed that the Israeli government already had deals in place with
Rwanda and Uganda to host its unwanted migrants.
Uganda conrmed it is receiving the refugees from Sudan and
Eritrea, who had sought asylum in
Israel but were to be deported to a

third country.
The BBC also claimed to have interviewed some refugees who were
own to Rwanda under this deal.
One of these refugees is identied
by BBC as Tesfay, an Eritrean who is
said to have been own to Rwanda
from Tel Aviv in March 2015, on the
promise of getting legal status, a
home and a job.
In October last year, Israeli authorities said 3,000 asylum seekers
had left Israel for a third country,
without mentioning the country.
But only seven registered with the
UN High Commissioner for Refugees in Rwanda, all of them Eritreans, and only eight, mostly from
Sudan, in Uganda, according to the
BBC.
These claims were repeated by the
International Refugee Rights Initiative (IRRI), which alleged that some
refugees have already been forcibly own to Rwanda and Uganda.
These asylum seekers are sent to
Uganda and Rwanda with a promise
from the Israeli authorities that they
will be provided with the necessary
papers to enable them to stay legally
in the receiving country. However,
our ndings show that, in reality,
they do not receive any legal status,
IRRI said.
Eorts to reach Immigration Director-General, Anaclet Kalibata,
for comment proved futile.
In mid-January, Ms Mshikiwabo
went on a two-day visit to Israel,
where she held talks with Tzipi Ho-

Israeli policemen and immigration ocers arrest an African asylum seeker.


Israel wants to resettle African refugees in Africa. Picture: File

BACKGROUND
There are about 45,000 Eritrean and
Sudanese refugees in Israel, most of
them holed up at a detention centre
known as Holot, located in the Negev
desert before they are flown to
either Rwanda or Uganda, reports
say. Their denial of asylum in Israel
and alleged deportation to Rwanda

tovely, Israeli Deputy Minister of


Foreign Aairs, to discuss Israels
continuing contribution to the development of Rwandas agriculture
and national water system.
When contacted, Leo Vinovezky, Israeli deputy ambassador to
Rwanda, only reiterated that Israel
and Rwanda maintain excellent bilateral relations and discuss a variety of areas of mutual interest.
In April last year, President Paul
Kagame told a press conference that

and Uganda have been heavily


criticised by human-rights groups,
which accuse Israel of breaching the
UN Refugee Convention that it signed
in 1954.
In October last year, Israeli
authorities said 3,000 asylum seekers
had left Israel for a third country.
there is some package that the
asylum seekers get possibly referring to the $3,500 that the Israeli
government gives refugees who are
willing to leave Israel for Rwanda or
Uganda.
Civil wars in Sudan and South Sudan have led to a massive exodus of
asylum seekers; while the IRRI estimates that as many as 3 per cent of
6 million people have ed Eritrea in
fear of a lifelong national service in
the military.

Geen Paty petitions Paliament on electoal efoms


By JOHNSON KANAMUGIRE
The EastAfrican

RWANDAS MAIN opposition party, the Democratic Green Party, has petitioned parliament
seeking reforms in the electoral laws that it
claims are a stumbling block to political organisations in the country.
The Greens specically describe as awed
some provisions in the elections and political
parties law.
These are mainly articles putting funding
restrictions on political organisations, as well
as those requiring a certain percentage of votes
prior to securing a parliamentary seat for both
political parties and independent candidates.
The party said it wants the changes eected
before the country goes to presidential and parliamentary polls next year and 2018 respectively.
We need to have the electoral reforms before the upcoming presidential and parliamentary elections, Dr Frank Habineza, head of the

Democratic Green Party of Rwanda, said after


submitting the petition on Wednesday. That is
why we have brought our petition early enough,
so that the parliament gets time to examine our
concerns and eect the changes, he added.
While Article 24 of the law governing political parties bars them from receiving foreign aid,
and Article 28 requires a party to have at least 5
per cent of the votes cast to qualify for government funding, the Green Party argues that the

That is why we have brought our petition


early enough, so that the parliament gets
time to examine our concerns and do the
changes.
Dr Frank Habineza, head of the Green Party

clauses ought to be amended since they favour


the strong parties.
Other contentious issues are to do with the 5
per cent votes cast required by the elections law
for a candidate and a political party to secure
one seat in the parliament.
According to the opposition, its impossible for
an individual to be considered a political party.
We wish that the threshold be 2 per cent for an
independent candidate, and the 5 per cent for
political parties be reduced to 4 per cent, Dr
Habineza said.
Equally, the Green Party wants the election
law to allow a combination of ballot and electronic voting to ensure more transparency and
condence in the electoral commission. The
party also requests that the electoral authorities
allow election observers to be present at all the
polling and tallying centres, and the media to
announce results after they have been declared
at all the levels.

BURUNDI HAS abandoned its bid to


chair the East African Community, a
position it expected to take over from
neighbouring Tanzania at the EAC
Heads of State Summit later the is
month.
Chairing the summit is not Burundis current priority as we have to
settle the issues at national level that
include the current security problem
in Bujumbura, a top Burundi government ocial told The EastAfrican.
However, the ocial said that
Bujumbura will still go for the EAC
Secretary Generals position since it
doesnt require full time participation
on the national level. Burundis surrender of the chairmanship doesnt
in anyway violate the EAC Treaty. It
happened to Rwanda when the country had to focus on issues at national
level, said former EAC deputy secretary General Jean Claude Nsengiyumva.
The chairmanship is on a rotational basis so Burundi will wait for the
next round because chairing means
you have to be on top of the issues in
the region, he said. Uganda is expected to take over from Tanzania.
Burundi joined the East African
Community in 2007 together with
neighboring Rwanda, and since the
country has seen a boost to its economy and tangible benets from the
Customs Union and ratication of the
Common Market Protocol.
Despite abandoning chairing the
regional bloc, Burundi will still move
on the EAC Secretariat top position
in April when the current Secretary
General Richard Seziberas ve year
tenure is expected to expire. Violence
in Bujumbura has persisted with
grenade attacks in public areas and
targeted assassinations. Last week, at
least 10 people were killed in dierent
attacks in the capital.
The summit will create an opportunity for resolving the current
stalemate between Rwanda and Burundi, said an analyst. Tensions have
continued to rise between the two
neighbours with the latter accusing
neighRwanda of training Burundian
refugees to attack their country.

Richard Seziberas term as Secretary


General will expire in April. Picture: File

FEBRUARY 13-19,, 2016

The EastAfrican

NEWS

15

PEACE AT LAST

C. Africa votes after deadly sectarian violence


The pesidential un-o is between
two fome pime ministes
By A SPECIAL CORRESPONDENT
AFP

entral African Republic


holds delayed presidential
and parliamentary polls on
February 14, with voters desperate
to usher in peace after the
countrys worst sectarian violence
since independence in 1960.
The presidential election looks
set to be a tight run-o between
two former prime ministers in
the mineral-rich but dirt-poor
country dogged by coups, violence
and misrule since winning
independence from France more
than ve decades ago.
The rst round of voting on
December 30 was won by Anicet
Georges Dologuele, a 58-year-old
former central banker known
as Mr Clean after his attempts
to bring transparency to murky
public nances when in oce.
He will face o against Faustin
Archange Touadera, also 58, a
former maths professor standing
as an independent who surprised
everyone by coming second in
the rst round of voting with 19.4

percent.
Touaderas popularity stems
from a measure he introduced
as prime minister paying
government salaries directly into
bank accounts, ending decades of
pay arrears and unpaid wages.
The election is expected to be
close. Dologuele has won the
backing of the person who came
third in the rst round with
12 percent of the vote while
Touadera has the support of 22
other candidates who ran in the
December campaign.
Anti-balaka militias

Whoever wins will hope to turn


the page on years of ghting in
the vast country, only fractionally
smaller in area than Afghanistan.
The most recent episode of
bloodletting was sparked by the
March 2013 ouster of long-serving
president Francois Bozize by a
mainly Muslim rebel alliance, the
Seleka, which installed Michel
Djotodia as the rst Muslim leader
of the predominantly Christian
country.
Djotodia quit in January 2014

SANCTIONS
Three former presidents
are barred from standing
again: Former Bangui mayor
Catherine Samba Panza,
who has overseen a political
transition, as well as Bozize
and Djotodia.
Bozize and Djotodia are both
in exile and both face UN
and US sanctions stemming
from the violence. The latter
stepped down under foreign
pressure after failing to rein
in forces that led to fears of
genocide along religious lines.
after disbanding the Seleka,
but attacks on Christians by
rogue Muslim forces led to
brutal reprisals against Muslim
districts by anti-balaka (antimachete) militias from Christian
communities.
Thousands were slaughtered in
a spiral of atrocities that drove
about one in 10 of the population
of 4.8 million to ee their homes.
The Central African Republics
own security forces the army,
the police and the paramilitary
gendarmerie are patrolling

areas where tension remains high


between ex-Seleka and anti-balaka
elements.
They are backed by around
11,000
UN
and
French
peacekeeping forces. But although
the armed forces have stabilised
the situation, they do not control
the entire country, which covers
almost 623,000 square kilometres.
The international peacekeeping
eorts have also been undermined
by a string of sex abuse claims.
Despite huge logistical problems
and grinding poverty, Decembers

vote attracted a huge turnout, with


1.3 million valid ballots cast in a
country with nearly two million
registered voters.
Christians and Muslims alike
came forward on a massive scale
to ensure their names were on the
electoral roll and to collect their
voting cards, many saying they
never again wanted to hear gunre
and violence on their streets.
The election came after 93
percent of voters backed a
constitutional referendum that
cleared the way for the vote.

Campaign posters in Bangui


ahead of the
presidential runo. Picture: File

16

The EastAfrican

NEWS

FEBRUARY 13-19, 2016

Pesonal, ideological and geopolitical


issues stand in way of peace in Juba
ANALYSIS
JOHN GACHIE

olitical and military posturing and covert plans to outwit each other characterise
the relationship between the
two principals in the South Sudan
conict President Salva Kiir and
rebel leader Dr Riek Machar in
spite of their public and diplomatic
declarations of peace and reconciliation.
These positions taken by the two
comrades-turned-rivals betray deepseated antagonism going back to
their military days, competing ethnic
leanings and regional and international geostrategic imperatives.
In short, the two principals are as
dierent as day and night: They can
co-exist, but cannot cohabit; they
can share the same environment but
cannot share the same space for
there is no space big enough for both
them.
They repel each other despite the
strong magnetic pull exacted by their
friends, allies and enemies to bring
them together.
That is the crux of the matter in
the current South Sudan tragedy.
Dr Machar is a genial, highly educated and highly ambitious political
and military man, a shrewd operative with the gift of the gab. He is articulate, suave and very mercurial in
planning, with one consuming ambition: To lead at the top.
He believes that he is a child of destiny. That he will not be denied what
the gods have so ordained.
President Kiir is a sombre, somewhat dull, if not inscrutable introvert
not given to wearing his emotions
on his sleeve. But he is nonetheless
a brave military man with a wicked
sense of humour that belies a sharp
and nimble mind. He honed his skills
through decades spent in the bush
waging war against a far superior
enemy, with a larger-than-life leader,
the late John Garang.
President Kiir does not suer fools
gladly. He is stoic, calculating, highly
informed and vicious when the occasion so demands. He is certainly no

South Sudans President Salva Kiir and rebel chief Riek Machar sign a peace deal in Addis Ababa in February last year.
Picture: File

One would just hope that the


two principals in the South
Sudan crisis are not tempted
to engage in brinkmanship.
pushover.
The man does not give away his
thoughts easily, rarely shows his
hand, never thumps his chest and always has an ace up his sleeve.

Now, as we await the consummation of the Agreement on the Resolution of Conict in South Sudan, will
the two rivals deliver comprehensive
and sustainable peace, or will theirs
be a short marriage akin to the one
in Angola between Jonas Savimbi and Eduardo dos Santos in the
1990s? Never mind that President Kiir reappointed Dr Machar as his First
vice president last week, as part of
the peace deal. Prior to the conict,
he was vice president.
South Sudan and Angola have an
uncanny similarity. The bush war
never fully addressed the personality,

ideological and ethnic chasm; neither party initially enjoyed military


and geographical dominance; and
each principal enjoyed regional and
international patronage and support,
albeit not publicly.
In the case of South Sudan, Sudan,
Ethiopia, the Troika (US, Britain and
Norway) and other Western countries
are more sympathetic to Dr Machar,
while Uganda supports President
Kiir. Kenya is torn between the two,
with the business community more
amenable to President Kiir. The African Union is almost held hostage by
both while Russia and China openly

favour President Kiir on account of


oil.
Egypt, India and Malaysia are inclined towards the president due
to commercial, energy and mineral
wealth interests.
For Sudan, the Juba conict is a
classic damned if you do, damned
if you dont situation, although the
defeat or capitulation of Dr Machar
would not augur well for President
Omar al-Bashirs relationship with
Juba, and more importantly in the
on-going conict in Darfur and Eastern Sudan.
Ethiopian link
For Ethiopia, it is another classic
dilemma, because it has large ethnic
groups related to and involved in the
conict in South Sudan on its southwestern border with South Sudan.
In the Angolan scenario, Zambia,
the Democratic Republic of Congo,
Botswana and Namibia provided the
same geopolitical impetus, including large cross-border ethnic groups;
thereupon the Cold War dynamics
came into play, while diamonds and
oil played a role as well.
Though they are over 5,000 kilometres apart, Angolas Eduado dos
Santos and Salva Kiir are similar,
likewise Dos Santoss nemesis, the
late Dr Jonas Savimbi and South Sudans Dr Machar.
The question now is, will President
Kiir see the red line in terms of consolidation, retention and hoarding of
executive powers?
For Dr Machar, what are his immediate gains? What are his guarantees
that his hold on the movement and in
particular the motley military groups
that comprise his force will remain
loyal to him?
More fundamentally, what guarantees does he get that his political
support group will not be dismantled
once he joins the government?
What guarantees does he get for
his personal safety and what executive powers will he exercise to keep
his team in line?
What political vehicle of mobilisation will the two men have for what
will undoubtedly be the most hotly
contested political showdown between them in 2018?
The Sudan Peoples Liberation
Movement/Army (SPLM/A), to which
they all pledge loyalty, has split into
three in all but all but name.
One would just hope that the two
principals in the South Sudan crisis
are not tempted to engage in brinkmanship.

Its just a numbes game and powe-play, whos fooling who?


THE PEOPLE of South Sudan have been treated to a cruel and ghastly game of numbers
as rival parties engage in a macabre dance of
death.
Since the conict broke out in 2013 a
space of a little more than two-and-a-half-years
more than 50,000 people have died, over
100,000 have been injured, over one million
people have been displaced, with more than
100,000 forced to seek shelter in camps for the
internally displaced, and over three million are
facing imminent famine and drought related
food shortages.
From an estimated population of slightly
more than 12 million people, with over two
million killed during the over 50 years of civil
war and war of liberation from 1956 to 2005,

the numbers game in South Sudans political


power-play must be brought to an end.
In addition, ination has more than tripled,
with the South Sudanese pound being devalued
by over 300 per cent in the past three months.
Crime has gone through the roof in both urban
and rural settlements and corruption including
modern highway banditry has sky-rocketed.
The countrys main source of hard currency
oil production has collapsed from over
350,000 barrels per day to less than 165,000
barrels today. The price of oil per barrel has
dropped from $100 to less than $30.
These numbers may appear dire from a
mathematical point of view. Yet the reality is
that behind these gures, the real human tragedy is unfolding. Behind each number is pain,

hunger and ultimately, death.


But for the political power gamers, a new
deadly numbers game is in the vogue. Shall it
be 36 ministerial positions, or should it include
another eight deputy ministerial positions?
What about another slew of presidential advisors, and would it not advance our course, if
there are 10 states as per the current Constitution they ask? What Constitution?
They then each reach for their secret weapons the automatic assault rie... and the
deadly numbers games continue.
Welcome to the Deadly Numbers Game of
South Sudan. Who is fooling who?.
- John Gachie

South Sudanese at a United Nations camp for


displaced persons in Juba. Picture: AFP

FEBRUARY 13-19,, 2016

The EastAfrican

NEWS

HOPE FOR JUBA TRANSITIONAL GOVERNMENT

Machar named First VP, but wont return yet


The ebel leade wants the peace
deal integated into the Constitution
and secuity aangements eected
By FRED OLUOCH
Special Correspondent

We now hope
that other
processes
that precede
the formation
of the
transitional
government
will follow
soon.
Lam Jok, the
new SPLM-IO
representative in
Kenya

outh
Sudans
President
Salva Kiir has appointed
Dr Riek Machar First VicePresident, marking a major step in
implementing the power-sharing
agreement, but the rebel leader
says he will only return to Juba
once the peace deal is integrated
into the Constitution, and security
arrangements implemented.
President Kiirs move has now
opened doors for the formation
of the Transitional Government
of National Unity, which was
scheduled for January 22, but
aborted due to dierences
between the two partners on
what to include in the transitional
Constitution.
The partners had on January
7 agreed on portfolio balance
with the government taking 16
ministerial posts, SPLM-IO 10,
while the former detainees and
other political parties got two
posts each.
Dr Machar, who is in Addis
Ababa, Ethiopia, also wants the
international
community
to
provide logistics for the return of

his 3,000 security personnel to the


capital before he returns.
Lam Jok, the new Sudanese
Peoples Liberation Movement
in
Opposition
(SPLM-IO)
representative in Kenya, said it
would take about three weeks for
the conditions to be met if there
were political goodwill.
The appointment is a major
positive
step
towards
the
implementation of the agreement.
We now hope that other processes
that precede the formation of
the transitional government will
follow soon, said Mr Jok.
The government insists that
the 28 states unilaterally created
by President Kiir on October 2
last year must be incorporated
into the transitional Constitution
because it is what the people have
demanded for years, while the
SPLM-IO maintains that it would
complicate the power-sharing
provisions which were based on
10 states.
According to the Presidential
legal adviser, Lawrence Korbandy,
the 28 states were created to
placate Greater Equatoria, who
had threatened to rebel because
they were shortchanged in the
peace agreement. He argued
that the proposed administrative
structures
in
the
powersharing arrangement under the
Transitional
Government
of
National Unity had cast aside Vice-

APPOINTMENT
President Salva Kiir on Thursday
issued Decree Number 60
appointing Dr Machar the First
Vice-President according to the
power-sharing provisions in the
peace agreement.
He had earlier issued Decree
Number 59 to move his deputy
James Wani Igga to the position
of the Second Vice-President.
President James Wani Igga (now
the Second Vice President) who
is from Equatorial but favoured
Bahr-el-Ghazal of President Kiir
and Upper Nile where rebel leader
Dr Machar hails from.
The second sticking issue
that could delay Dr Machars
return to Juba is the lull in the
implementation
of
security
arrangement that starts with the
demilitarisation of Juba. The
agreement provided that all
troops move out of Juba to a
25km radius within 90 days of
the signing, all except the joint
integrated security force.
The
security
arrangement
between the two partners agreed
that President Kiir will retain
3,000 presidential guards while
Dr Machar will have 2,000. This
would be in addition to a 3,000
strong joint police integrated force
with each side providing 1,500.

South Sudan rebel leader Dr Riak Machar at a press conference in


Kampala on January 26. Picture: File

17

18

The EastAfrican

NEWS

FEBRUARY 13-19, 2016

OUTSTANDING ISSUES OF 2005 DEAL

Khartoum and Juba in talks over pending issues


Unde discussion is the
Co-opeation Ageement signed in
Septembe 2012
By FRED OLUOCH
Special Correspondent

udan and South Sudan are


working on a formula to
resolve the outstanding issues
of the 2005 agreement.
Under discussion is the
Co-operation
Agreement
signed in September 2012,
which
addressed
security
arrangements
and
nonaggression; border demarcation;
wealth sharing and economic
co-operation;
oil
wealthsharing and the establishment
of the Abyei Administration.
The resolution of these issues
was disrupted by the outbreak
of civil war in South Sudan in
December 2013.
According to South Sudan
ambassador to Kenya Mariano
Deng, seven out of the nine
areas of agreement are being
implemented and what is
currently under discussion
is border demarcation and
the Abyei referendum. The

remaining issues of the border


and Abyei will soon be resolved,
he said.
The implementation of the
security arrangement and nonaggression has already seen
positive developments in the two
countries. Sudan opened its border
with its southern neighbour for the
rst time in ve years while South
Sudan has withdrawn its troops
8km from the border.
While South Sudan is struggling
to appease several armed groups
that feel left out of the Compromise
Agreement signed in August last
year, Sudan is striving to stamp
out rebellion by the SPLM-North in
Southern Kordofan and Blue Nile.
Barnaaba Marial Benjamin,
South Sudan Minister for Foreign

$25

Juba will supply Khartoum with


free oil to cover the arrears of the
$25-per-barrel oil transmission
fees that have accumulated

Aairs and International Cooperation told The EastAfrican


that the closure of the border was
seriously hurting the economies of
the two countries because South
Sudan is the largest market for
goods from Sudan.
The two countries agreed that
Juba will supply Khartoum with
free oil to cover for the arrears of
the $25 per barrel oil transmission
fees that have accumulated due to
the fall in global oil prices and the
civil war.
South Sudan will supply Sudan
with 18,000 barrels of crude oil
per day for the power plant in
the White Nile State, and 10,000
barrels for Port Sudan renery. .
South Sudan currently produces
165,000 barrels per day, down
from 350,000 barrels before the
outbreak of the civil war.
Nile water transport has also
been opened for trade in foodstu,
clothing and building materials.
According to the Sudanese
ambassador to Kenya Elsadig
Abdalla Elias the two countries
have opened a new chapter in their
relations. He said the main reason
why Sudan closed its border was
out of concern for security but now
the Security Monitoring Committee
has taken up its role. Other benets

are the increased ow of trade,


families that were divided by the
border after secession can now
have contact with each other and
humanitarian agencies can reach
those aected by either drought or
civil war in both countries.
The most important thing is
the change of attitude towards
each other given that cross-border
trade was seriously aected. We are
hopeful that the remaining issues
will be resolved soon, he said.
The remaining challenges are
the demarcation of 2,000km in
a region that is home to about a
third of the population of the two
countries. There is also the issue
of the oil-rich Abyei region, which
often raises tensions between the
two countries. While the Abyei
Administration has been put in
place headed by Commissioner
Chol Deng Alak, the issue of when
to hold the referendum as per
the 2005 Comprehensive Peace
Agreement remains contentious.
The referendum was scheduled
for January 2011. However,
dierences between the two
countries arose, with Juba insisting
that only the indigenous Ngok
Dinka were entitled to vote while
Khartoum wanted the nomadic
Misseriya to participate.

An aerial view of Banton Bridge in the contentious


Abyei region. Picture: File

AFRICAN UNION FARCE

YES SHE CAN...

Africans real issues are now discussed


at India, China forums. Pg 20

OPINION

Uganda has a new scientist hero


but no-ones noticing. Pg 22

Pg 19

FEBRUARY 13-19, 2016

Roland Angee

The times they ae a-changing, and


thees no honou o dignity in FGM

Slowly, the
mindset of
traditional
and cultural
leaders is
turning
around. Many
individual men
and women in
Africa would
rather wish
the cruel
procedure
was not
practised on
their girl child
and yet, they
do it anyway

snakech, from Ethiopia,


was 12 when her parents
decided it was time for her
to become a woman. A
self-taught circumciser came to her
house, cut her clitoris and outer labia using a razor blade, then pressed
ashes and cow manure on the bleeding cuts. In technical terms, this is
called Female Genital Mutilation
(FGM). Asnakech can still remember
how scared she felt and how no one
comforted her afterwards.
Five days later Asnakech was raped
by a stranger close to her home.
My family made me marry him,
because I was no longer pure. No
one else would have had me, says
Asnakech.
The mutilation and rape left
Asnakech with severe injuries and
it took a long time before she recovered.
I still cannot nd words to describe the pain I felt. The idea of
sexual intercourse felt a sheer impossibility, but I had no choice, says
Asnakech.
Asnakechs story is just one of
many: Girls forced to undergo FGM
who then have to live with the devastating consequences that follow them
late into life.
FGM is an abuse of human rights
and the International Day of Zero
Tolerance to Female Genital Mutilation on February 6 gave us all an opportunity to raise awareness about
the risks and implications of this
harmful traditional practice.
According to the World Health
Organisation (WHO), 120 million to
140 million women have experienced
some form of FGM, and in Africa,
more than 3 million girls are at risk
each year.
Most of them are in Africa: About
92 million girls aged 10 and above are
estimated to have undergone FGM.
If current trends continue, about 86
million additional girls worldwide
will be subjected to the practice by
2030.
FGM is not an anomaly. Like early
forced marriage, or denial of education, a complex range of social and
cultural reasons are used to justify
the painful cutting. One such belief is
that a girls sexuality needs to be controlled. This demonstrates the underlying gender injustice of the practice:
girls and women are not autonomous,
someone else has to control them

mostly fathers and husbands.


FGM, however, is clearly a violation
of girls and womens rights, which
can cause long-term physical and
emotional damage. In the worst cases, it can lead to the death of mothers and babies during childbirth. It
can also cause complications such
as severe pain, shock, haemorrhage
(bleeding), tetanus or sepsis (bacterial infection), urine retention, open
sores in the genital region and injury
to surrounding genital tissue.
There is no medical justication
for FGM. Instead, it is practised for
a variety of complex cultural reasons
dating back thousands of years, such
as the belief that it helps preserve
chastity, cleanliness and family honour and that it prepares a girl for
marriage.
However, times are changing. Most
states in the region have outlawed
the practice. And slowly, the mindset of traditional and cultural leaders is turning around. Many individual men and women in Africa would
rather wish the cruel procedure was
not practised on their girl child and
yet, they do it anyway, with the hope
of being perceived as normal so
their daughters will have the opportunity to get married. The way
around this issue is to educate
communities about the dangers
of this perceived normal behaviour and have more and more
people speak out against it.
The child rights organisation Plan International
is committed to ending
FGM. We are convinced
that the required longterm change has to come
from within. Thus, we are
working with communities
to ensure that something
once known as a rite of passage can be rejected for what
it is a human-rights abuse.
For Plan International and
its partner organisations, the
key to ending FGM is knowledge and essentially education.
Often people are not aware of
the health risks of FGM. Eorts
at a grassroots levels, alongside
policy work, are key to changing
this.
We have been working in some of
the most aected countries across
Africa, such as Mali, Guinea Bissau,
Ethiopia, Egypt, Sierra Leone and

Kenya, informing mothers and fathers of the risks FGM poses to their
daughters, as well as the dangers
of the practice itself. When mothers and fathers learn about the
risks of FGM, they are less likely to
put their daughters through the mutilation process. It also helps them
to understand some of the health
problems they may have encountered
themselves.
Yet there still needs to be a wider
shift from what is seen as normal
behaviour along with the perception
of girls, their rights and their roles
in society.
Though girls and women are
considered disadvantaged and
vulnerable in many aspects,
if given the opportunity,
they can become powerful agents of change in
their community and
society.

We want to ensure girls have access


to a good quality education, are protected from violence, such as FGM,
and the threat of early marriage. We
need to give the girls a space where
they are able to speak out and make
their voices and choices heard, so
they can begin to lay the foundations for a brighter and healthier
future.

Roland Angerer is Plan


Internationals regional director for
Eastern and Southern Africa

Illustration Xxxxxxxxx

20

OPINION

PUBLISHED WEEKLY BY THE NATION MEDIA GROUP

Will Feb 18 lay


the legacy of
violence to est?
After 100 days of a gruelling and often emotionally charged presidential campaign, Ugandans will on
Thursday, February 18, go to the polls to choose their
leader for the next ve years, with everyone hoping
that the election will produce the desired outcome,
the peoples overwhelming choice.
As such, the stakes are high: First, this is an election in which the incumbent is also running, seeking a new ve-year mandate. But the reason all eyes
are on Uganda is that this poll could nally usher in
a change of guard and deliver that peaceful transition that has eluded the country since Independence
in 1962.
Above all, Ugandans will turn out to vote, in
search of a mandate that provides the answers to the
issues that trouble them: Raging corruption, poverty,
lack of jobs, a deteriorating healthcare system, lack
of cheap credit, a failing education system, poor road
network and lack of access to clean water.
These issues form the core of the public goods and
service delivery that the eight candidates have built
their campaigns around.
By last count, at least 14 international and regional
election observer missions had camped in the country.
In short, all eyes are on Uganda. But have our political actors learnt anything from our past? Going
by statements warning about planned rigging that
have emanated from some candidates, the perceived
partiality of the Electoral Commission and the state
security agencies during the campaigns, it would appear as though we have not.
And worse, some of the candidates in the race have
a sense of entitlement, that it is them or no one else.
As such, there are genuine fears that this election
will be fraudulently decided, and that the winner
may not be a product of a free and fair process.
For a country that has not known a peaceful
handover of power from one leader to another across
nine presidential administrations, Uganda has
walked the path of political violence too often.
At each turn, we have been constantly reminded
of our ugly past, in which the main political actors
excelled at electoral fraud that triggered the bitter
chapters of our short history, leading to some of the
unspeakable violence that Ugandans have suered.
It is the duty of the main contenders in this election and the security agencies to call their troops to
order, to shun any attempts at rigging that could
have the country in ames all over again.
It would be a travesty if the outcome of this election were contested through violent means yet again.
The hundreds of thousands of Ugandans who died
in the 1981-86 Luwero bush war, when the National
Resistance Army waged a guerrilla war against a
government that had come to power though a rigged
election, will be turning in their graves. How ironic,
that the very regime that came to power promising
to end election theft and to build democracy, has
ushered in a brand of elections that are no better
than those of 1980.
The need for an election that ensures a sustainable
future and stability is everyones responsivity.
May the best man or woman win.
A PUBLICATION OF THE NATION MEDIA GROUP

JOE MUGANDA: Chief Executive Ocer


TOM MSHINDI: Editor-in-Chief
PAMELLA SITTONI: Managing Editor
Nation Centre, Kimathi Street, P.O. Box 49010-00100 G.P.O. Nairobi.
Tel. 3288000, 2221222, 337710, Fax 214531, 213946.

The EastAfrican

FEBRUARY 13-19, 2016

Histoy epeats itself as


AU descends into face

Big issues of Africans are


discussed at Indian and
Chinese forums.

CHARLES ONYANGO-OBBO

t the African Union Summit


of Heads of State two weeks
ago, Zimbabwes President
Robert Mugabe handed over
the rotating chairmanship of the
organisation to Chads Idriss Deby.
And Mugabe had his inevitable parting
shots. He railed against the West, the
United Nations, and denounced US
President Barack Obama, saying he was
a puppet of evil forces or words to that
eect.

The revival in the late 90s onward


followed the end of the Cold War and
economic and social reform, attracting a
large class of talented people to govts

Then he went back home, and a few


days we heard from his government.
Harare said it would require $1.6 billion
to combat hunger amid its most severe
drought in two decades, which has
already left 3 million people without
enough to eat. It wanted the same people
Mugabe was ranting against to pony up
the money.

Zimbabwe is not alone. Several other


countries are threatened with hunger, and
Ethiopia where the AU is headquartered
and the summit met, has appealed for aid
to help feed nearly 12 million people.
Mugabe didnt raise this crisis at the
summit. However, it had time for its pet
project of recent years, the withdrawal of
Africa from the International Criminal
Court. The ICC has become a big matter
for some on the continent, and the
obsession with it and other peripheral
aairs means the summits where the
big issues aecting the livelihoods of
Africans are discussed are the IndiaAfrica conferences, and the Forum on
ChinaAfrica Co-operation (FOCAC).
In fact, at the last FOCAC in January in
Johannesburg, China applied pressure for
Sudans Omar-al Bashir to be disinvited,
because it didnt want his ICC troubles
to overshadow the forum and dominate
headlines the way it had done at the June
2015 AU summit in Johannesburg.
The AU is now perilously close to
becoming again the laughing stock it had
become at the end of the 1990s, which
led to its predecessor, the Organisation
of African Union to be canned, and to
replaced by the AU.
So why is it going to the dogs again?
Its not, as one extreme view likes to
suggest, because African leaders are
mostly venal, selsh, and small-minded.
The revival in the late 90s onward

Change wont come easily


fo Uganda (it neve does)

s the Ugandan presidential and


parliamentary elections take place
this coming week, at least one
opinion poll has, surprisingly,
shown a much stronger-than-expected
support for the two leading opposition
presidential candidates, Dr Kizza Besigye
and former prime minister Amama
Mbabazi.
Surprisingly because President Yoweri
Museveni has and has not failed to
exercise all the many advantages of
incumbency. Ranging from far greater
campaign spending than Besigye and
Mbabazi, at least 12 times more by one
accounting. To greater access to all parts
of the country for campaigning using
public transport. To greater media access
and coverage, the latest drama being the
stand-o with the Nation Media Group over
the use of public drone footage. To, nally,
the partisan nature of policing during the
campaigns.
All of which combined allow us to
conclude that, even before Ugandans cast
their ballots, the playing eld has not been
level. That Besigye and Mbabazi are doing as
well as they are despite their disadvantage
is both to their credit and also, telling about
the will for change among the electorate.
There is no use crying over spilt milk.
But some reections come to mind from
the Kenyan experience of 2002 when

the opposition nally, under one umbrella,


managed to dislodge both the chosen
successor of the incumbent (whod lorded
it over Kenyans for 24 years (astonishingly,
six short of Musevenis now 30-year reign)
and the political party in charge since
Independence. What enabled the Kenyan
political transition?
Arguably, four critical conditions:
First, the elding of a single presidential
contender by the opposition following the
recognition that its vote combined in both

Protest will be contained.


More or less quickly. And
Ugandans will settle back
down for another half-decade
1992 and 1997 had exceeded that of the
incumbent. Second, the apparent decision
of the security services to communicate
their expectation that Moi would respect the
Constitution and step down an indication
given (diplomatically and politely) through
their joint farewell reception for the
incumbent .
Third, the gutting of the ruling political
party following the incumbents decision to
personally anoint a successor rather than let
the internal democratic process determine

followed the end of the Cold War, the


collapse of military and one-party
dictatorships, and the unleashing of
economic and social reform. These
developments attracted a large class of
talented people into government and
public service.
However, dark clouds were already
gathering before 2002. The September 11,
2001 terror attacks in New York, and the
heightening of the global war against
terror changed the world, with the US
invasion of Iraq poisoning the wells
further.
For African governments, the security
agenda trumped everything else and
politics became polarised again, especially
as governments turned civil society
groups into Enemy Number One.
The ood of talent that entered
governments in the late 1990s and early
2000s dried up in this bitter environment.
To get their services, governments started
to farm out work to external consultants,
and that sector grew dramatically. So
while regimes could still get talent to do
their work, those skills were not resident
in state institutions.
The one thing governments havent
contracted out to consultants is the hard,
kill-them-in-the-night-and-bury-thebodies kind of stu, which is the politics
African presidents bring to AU summits.
Give it a few years. Itll kill the AU too.

Constitutional reform had


come to encapsulate all the
changes we wanted to see.

L. MUTHONI WANYEKI
its candidate. The resulting walkout to the
opposition was the stu of political legend.
Fourth, the call for constitutional reform
had come with much drama, sweat
and tears over the preceding decade to
encapsulate all the changes that Kenyans
wanted to see. An end to the dictatorship.
An end to corruption and impunity. The
possibility of life and livelihoods.
Do any of those conditions now pertain
in Uganda? The opposition failed to eld a
single candidate under one umbrella. The
security services continue to see themselves
as working for the incumbent, not the public
interest going by the shocking statements
by various security heads over the past few
weeks. While both Besigye and Mbabazi
have their political roots in the National
Resistance Movement, the NRM can hardly
be said to be gutted by their defections
one a long time ago and one more recently.
Finally, there is no national organising
principle for the opposition. It calls for
change but what does change mean?
As observers of our neighbours, it is
probably safe to say Museveni will win.
Protest will be contained. More or less
quickly. And Ugandans will settle back down
for another half-decade of Museveni and
NRM rule.

FEBRUARY 13-19, 2016

JENERALI ULIMWENGU
hat would Magufuli do if
he were FDR (Franklin
Delano Roosevelt)?
Stupid question if ever
there was one, because he would be
looking back on his rst 100 days in
oce and trying to gauge what he
had achieved.
The now overused 100-day
yardstick is said to have originated
with Roosevelt, who came in as
president at a time when America
was grappling with the misery of the
Great Depression, and in fewer than
100 days managed to push through a
number of measures to alleviate the
more biting eects of the economic
downturn and put America back to
work under programmes that came
to be known collectively as the New
Deal.
FDR earned such popularity after
the success of the New Deal that he
was the only American president to
be elected for four terms, and after he
died in oce, the two-term limit was
adopted.
But then, its obvious that JPJ (John
Pombe Joseph) is not FDR, and may
not even know about him, because,

though he was a great American


political leader, Roosevelt was not
a professor of chemistry. Plus, the
number 100 may have very little
attraction for JPJ, because he hit the
ground running from day one of his
rule, and has continued running ever
since.
Within two weeks of his taking over
on November 5, he had already shown
the type of president he would be, a
hands-on, can-do leader who wants to
see action, frowns at ostentation and
has no time for ceremony.
It was obvious right from the
outset that he had prepared himself
to crack the whip on businesses that
avoided paying taxes and ocials
who facilitated them. These measures,
and others aimed at making ocial
institutions accountable were greeted
with enthusiasm by the populace.
Popular as these measures were,
they have not looked solid enough to
be able to withstand the inevitable
backlash from a thoroughly corrupted
political and administrative
bureaucracy that has for too long been
in bed with the moneyed classes.
Whatever Magufuli would like
people to believe (and even if he
personally never received a farthing
from anyone) it is clear that his
campaign was bankrolled by deep

pockets. Still, the role of agency could


stand him in good stead if he wants
to root out the kind of corruption and
patronage whose symptoms he has
been ghting so far. But he cannot do
more than scratch the surface unless
he anchors his actions in a systemic
strategy undergirded by constitutional
and legislative foundations. There is a
limit to what one man can do.
He also may want to be more
wary of appearing to step beyond
his writ, as he did recently when
he seemed to promise the judiciary
nancial rewards if they expedited
corruption cases. Some legal minds
are scandalised that Chief Justice
Mohammed Chande Othman
seemed to go along with this unusual
solicitation of the judiciary by the
executive, a dangerous trend in our
adopted system.
Constitution making is bound to be
a knotty issue for JPJ, and he does not
seem to be aware of that, though onat least one occasion he alluded to it.
It can hardly get knottier than it has
already become, with Zanzibar sitting
there like a hissing time bomb.
The Zanzibar issue has denitely
been exercising foreign diplomatic
personnel, here and abroad. It will not
help Magufuli to sidestep gatherings
that are likely to raise this and other

LETTERS TO THE EDITOR


Electronic correspondence should be sent to: eastafrican@ke.nationmedia.com Send attached text or Word documents

Another killer virus is


here, but the solution is
cheap and doable
NOT LONG ago, the world celebrated the
end of a serious health emergency in West
Africa the Ebola epidemic. But as the
people in those countries pick up their
lives, the world is confronted with yet another disease Zika, transmitted by the
Aedes mosquito, which is also responsible for spreading dengue, yellow fever and
West Nile virus.
The World Health Organisation has declared an international health emergency
over the virus and warned against travel
to countries in the Americas where it is
spreading explosively.
But similar pronouncements have been
made before. For example, when Ebola
broke out in West Africa claiming more
than 11,000 lives, it caused an international
health emergency. Polio did the same in
2013 and so did swine u in 2009.
Zika has been reported in more than 20
countries, and the world is now seeking
answers. Because there is neither a vaccine
against the Zika virus nor treatment, ghting the disease can only shift directly to
traditional methods of control, as the WHO
has highlighted. It says that people must
wear long sleeves and trousers; use insect
repellents and sleep under mosquito nets;
that countries must get rid of breeding
grounds for mosquitoes they must clear

OPINION

John Pombe Josephs New Deal will need


even moe diplomacy than FDR employed

His measures, while popular,


have not looked solid enough
to withstand the inevitable
backlash.

The EastAfrican

bushes and drain stagnant waters.


This is basic health science, not a new
invention. It is cheap and easy to implement. We have done it before. Yet even as
we apply these cheap solutions, we must
not forget the big challenge to look for its
treatment.
Simon J. Mone,
via e-mail

Ugandan politics lacks


avour, insight, wit
Political campaigns are ongoing in
Uganda, concurrently with the US. Notably,
Americans, despite being way ahead
in terms of development, pay attention
to campaign rallies because they have
substance. Barak Obama gave a moving
speech at the 2004 Denver Convention
that shifted Americans vote in his favour.
Americans even listen to the controversial
Donald Trump who boasts about selffunding most of his campaigns. Their

hunger for eloquence, brilliance and


oratory skills is never sated.
In Uganda, if you x all the roads,
hospitals, schools and factories and remove
the name of President Museveni, politicians
will not know what to talk about in rallies
and in the media! Our politics lacks reason,
insight or wit. In this information age,
we need leaders to compete on the world
stage in terms of character and brilliance.
Apart from only mentioning poverty, wars,
diseases, jiggers, hunger, unemployment,
terrorism and African migrants dying on
the high seas, what can we adequately
present at the United Nations table of
experts?
Our leaders lack intellect and broad
knowledge of how to develop the country or
even implement their own manifestos.
Regime change by the gun has killed
competitive politics in Uganda.
On the other hand, voters remain
ignorant of issues such as the source of
government revenue. And because people
hate theft so much that even chicken
thieves face mob justice, the opposition
manipulates such anger by shouting about
it on the campaign trail to woo voters.
Never mind that they never oer concrete
solutions. Or think about the many
Ugandans who, having discovered rewards
in self-employment, will vote for the ruling
party just to avoid interference with their
businesses.
Our politics, in short, is a mess.
Charles Okecha
St Pauls College, Mbale

problems. During the recent summit


meeting of the African Union in Addis
Ababa a week or so ago, the corridors
at headquarters were abuzz with the
imminent arrival of Magufuli.
He chose to stay away, and sent
his vice-president instead. It was
strange because it was to have been
his rst appearance and he needed
to introduce himself to his peers,
some of whom could render crucial
support in resolving diplomatic issues

The Zanzibar issue has been exercising


diplomatic personnel here and abroad.
It will not help Magufuli to sidestep
gatherings likely to raise this problem
in the region, including the internal
problem of Zanzibar. JPJ needs to take
note of diplomacy.
Finally, on my initial question, what
needs to be remembered is that JPJ is
not FDR, and that whereas FDR did
as FDR did, JPJ will do as JPJ does.
.

Jenerali Ulimwengu is chairman


of the board of the Raia Mwema
newspaper and an advocate of the
High Court in Dar es Salaam. E-mail:
ulimwengu@jenerali.com

POLITICS AND VERSE


Zika
The cruelest thing.
Its true, we know that
Kids with microcephaly
Live worthwhile lives, and long,
And yet its better not to catch it!
Now, a continent is worried
That a fever, rash and mild
Conjunctivitis can
Spell misery for mothers
During pregnancy.
Again, like bloody poverty,
An illness strikes the poor,
The young and women,
As if all these groups
Are not already shat upon
By war and other miseries;
so much so that
governments advise
that they should now delay
their pregnancies!
A mozzie in the sad employ
Of wicked global patriarchy!
Stephen Partington
stepartington@yahoo.co.uk

21

22

OPINION

The EastAfrican

FEBRUARY 13-19, 2016

LAST WORD

Wite small, ush once a day,


dive visitos away and save
lots of money!
Sixty-six-year-old Ilona
Richards has been named
Britains most frugal woman.
She has been on TV and radio,
sharing her money-saving
tips, for instance that on one
should insist that visitors
bring their own teabags. She
says she has learnt that people
can save ink by making their
handwriting smaller, and also
save water by only ushing
the loo once a day, ideally
with old bathwater. Other tips
include limiting yourself to a
weekly bath. Dont encourage
visitors! is one of her many
mantras. My house is too cold
for most people, so they dont
come and that saves money,
she added.

Let it grow, baby, let that


goatee grow

JOACHIM BUWEMBO

We have ou own Maie Cuie and he


name is Annette Nakimuli please note

s we closed the month of


January, a Ugandan woman
made a stunning scientic
announcement. At a conference
organised by Makerere University, she
led a team of medical researchers who
declared their ndings the discovery
of a set of genes found in African
women that help ght a condition
that kills many during pregnancy and
childbirth known as pre-eclampsia.
This dangerous condition is described
as a common pregnancy complication
that is characterised by new-onset of
hypertension, a disorder that is a leading
cause of death among pregnant women
all over the world, especially in subSaharan Africa.
Considering that 20 Ugandan mothers
die daily of maternity complications,
this should matter to us. Of course, more
work is needed in follow up on what
Dr Annette Nakimulis team discovered
before it gets applied to stop this top
woman killer. But for a small country
that loses seven thousand mothers a
year, most of them of tender age, this
discovery should have sent the nation
applauding if for no other reason,
than that this aworld-rst in genetic
sciences was achieved by our compatriot.
It indeed deserves to be named the
Nakimuli gene.
But many Ugandans did not get to
know about this momentous scientic
breakthrough in their country by one of
their own. The reason? The nation was
busy celebrating what we in the media
considered a greater achievement by our

country the Electoral Commission had


taken delivery of a consignment of ballot
papers printed in South Africa. So the
best media cameras in Kampala were all
dispatched to Entebbe Airport to cover
this moment of great national pride. The
cameras picked up the Ethiopian Airlines
plane as it touched down on Ugandan
soil, rolled to a stop and the great
moment nally arrived. The attention
the media gave Entebbe airport was only
comparable to that of two months earlier
when Pope Francis arrived for a three-day
visit.
A few of us old bores think the Uganda
should view Dr Annette Nakimuli the
way the French view Prof Luc Montagnier

who identied the virus that causes


Aids. After all, this pre-eclampsia could
be killing more Ugandan women than
Aids, and Aids has killed more Ugandan
women than Frenchwomen. But no, the
arrival of ballot papers from South Africa
aboard Ethiopian Airlines was more
important.
And maybe the Ugandan media is
right. Their heroes for January 2016 are
the procurement clerks in the Electoral
Commission who managed to get a
consignment delivered in time from a
foreign country. After all, in the past
few years, the same media has dutifully
informed us of so many procurement
failures that make the arrival of the ballot
papers was a moment of national
pride. We have seen a couple of
million dollars being paid by the local
government ministry for procuring
bicycles a few years ago and we are
still waiting for the rst bike. Several
million dollars were fully paid for the
procurement of a road appropriatelynamed Katosi road (meaning
muddy in Luganda) some years ago
and we are still waiting.
Oh, and $550 million (yes you
heard right, ve hundred fty million
dollars) was borrowed to build 50
kilometres of road between Kampala
and Entebbe a price 10 times the
world average for building roads.
So the timely arrival of papers
that could have been printed here
is something to celebrate. Forget
about Dr Nakimuli and her preeclampsomething genes.

Let the moustache prosper!


The American Mustache
Institute has accused United
Parcel Services (UPS) of
infringing on human liberties
by preventing its workers from
growing moustaches. The
package delivery giant only
allows mustache that covers
the top of a mans upper lip.
According to the Institute
CEO, Dr Abraham Froman,
UPS should allow its drivers
and other employees deeper
levels of facial hair coverage
ranging from beards to
goatees to enable them to
enjoy the liberties that other
Americans enjoy. The institute
claims to have over 50,000
members worldwide.
My car makers me sick (so?)

Allergic to his new car!


A UK man can only drive
his newly acquired Audi
Sportback worth $25,000 for
40 minutes a week because
he is allergic to formaldehyde
in the interior plastics. Dr
Georey Evans, of South
Yorks, comes out in a rash
every time he gets behind
the wheel of his Audi. He is
hoping the German-based car
manufacturer can solve his
itchy problem, which sees him
scratch himself vigorously
while driving. Audi says their
vehicles do contain a small
amount of the chemical in
the interior plastics an
amount that complies fully
with European Union and
UK tolerance levels. It is
estimated that between four
and eight per cent of the
population of the UK suer
from the condition.

Baby, you can drive my


car, dont drive too far
A US couple in Wisconsin
allowed their nine-yearold daughter to drive them
and their 11-month-old baby
because they were too drunk
to do so themselves. The
police responded to a call
about an erratic driver and
found the couple and their
children parked at a boat drop
in Polk County. Jason Roth,
36, and Amanda Eggert, 32,
were immediately arrested
after the police learned that
their daughter was driving
them and their baby home in
their pickup truck because
they were both intoxicated.

It was 50 yeas ago today, John


Lennon taught the band to play
A lock of hair selling
for $10,000? Yes, that
will be the cost of the
lock of hair snipped from
the head of John Lennon
of the Beatles. Heritage
Auctions said that the 4inch lock was collected
by a German hairdresser
who trimmed Lennons
hair before he started
shooting How I Won the
War. in 1967. The auction
will be held on February
20 and Heritage says it
will include other rare
items linked to The
Beatles, such as a signed
photograph of all four
members.

FEBRUARY 13-19, 2016

The EastAfrican

OPINION

23

Socce Was II: When Kigali Became the DRCs Capital City

n Sunday, Kigali will be the capital


city of the DRC. So went a tweet by
a Kinshasa resident shortly before
Rwandas capital was invaded once
again by Congolese soccer fans last Sunday.
Beginning on Saturday, they came in their
thousands. Some, government ministers and
parliamentarians included, ew in straight
from Kinshasa.
Others drove their own vehicles while others
crossed the borders on foot and squeezed into
commuter taxis heading for Kigali. Some from
South Kivu crossed into Rwanda and took
advantage of RwandAirs internal ights from
the border town of Kamembe.
Perhaps for the same complex reasons that
motivate the DRC to close its borders with
Rwanda at 6pm, Rwanda Air, which ies
everywhere in the region has no scheduled
ights into the country.
From the North Kivu capital of Goma, reports
had it that 9,300 fans crossed the border and
lled up all the matatus they could nd, dozens
of them.
Apparently, others, nding that there was no
more public transport, opted to walk to Kigali
until they were told, a short while into their
journey, that it would take them a few days to
get there, upon which they turned back to watch
the match on television.
Causing the mass movement were the nals
of the African Nations Championship (CHAN)
pitting Les Leopards (The Leopards) of the
Democratic Republic of Congo against Les Aigles
(The Eagles) of Mali.
Soccer has a tendency to get very political.
And so did this match that saw the Leopards
wallop the hitherto impressive Malians 3-0.

Apparently, Kabilas
attendance at
Leopards matches is
seen as bad luck.

FREDERICK GOLOOBAMUTEBI
One of the political angles to the encounter was
exposed by rumours that Congolese President
Joseph Kabila, who has not been to Kigali in a
while, would be gracing the occasion.
Indeed, by Saturday evening, some Congolese
were claiming that he had already landed in
Goma, from whence he would head for Kigali
the next day.
Whatever level of popularity he may enjoy in
his country, Kabila does also have some really
noisy local opponents. Soon enough, they took
to social media to denounce his rumoured trip
to Rwanda. Why on earth were they not keen on
him coming?
A young woman sitting next to me in the

For Rwandans born and raised in


the DRC and those who spent many
years of exile there, rooting for
Les Leopards came as naturally as
cheering the Amavubi Stars

stadium during the match explained why.


She had come all the way from Bunia in the
northeastern region of Ituri.
That very morning, she said, many Congolese
opposed to Kabila had been in mass prayer,
beseeching God to ensure that their president
found something else to do in place of coming
to Rwanda. Why? This is probably a politicalpoint-scoring old wives tale, but here it is:
Apparently, his attendance at Leopards matches
is associated with bad luck, as they tend to lose
whenever he turns up.
Rivalry
And then the match turned even more
political when two of Kabilas rivals and
prospective presidential candidates, made it to
Kigali and into the stadium to much applause
from sections of their compatriots.
First came tycoon Moise Katumbi, owner of
the famous soccer club TP Mazembe and former
governor of Katanga Province in the south,
who ew in on his private jet. And then came
Kivutian, Vital Kamerhe, leader of the Peoples
Party for Reconstruction and Development.
The situation very nearly became awkward
for the hosts when, after the match, members of
the Congolese team went to present the trophy
to their minister of sports in the very area of the
pavilion where Katumbi was by now standing
up, surrounded by noisy fans.
Some held their breath. And then it was
handed to the minister. But that was before Mr.
Kamerhe marched out of the stadium and into
a mass of humanity heading to town, some of
whom took to chanting: President! President!
President!
Kabila, however, may have had the last laugh
what with him having Les Leopards all to

Refain fom pocuing wilful miscaiages


o imagining you have basic human ights
I am a sex education
supporter. And reading
the news is depressing.

ELSIE EYAKUZE

recent article in the Citizen


newspaper covered the
Kilimanjaro Regional Police
Commissioners admonition
to women to remember that abortions
are illegal was unfortunately titled
Refrain from procuring wilful
miscarriage. That sentence alone
has about three essays and one fulllength feminist dissertations worth
of discussion about our situation.
But mostly it is an unfortunate
juxtaposition of two words that should
probably not go together when talking
about the complex business of life:
Wilful and miscarriage.
Abortion is illegal in Tanzania, we are
not a pro-choice country in any public
way. As with so many elements of our
private lives, there is a certain dontask-dont-tell element to it. Recently
there has been a bit of a crackdown on
the issue. As the aforementioned article

suggests, the state is starting to apply


some force. Specically, doctors who are
caught providing illegal abortions stand
in danger of all kinds of retribution.
Question is, why is abortion allegedly
so commonplace to begin with? I want
to make a certain kind of pro-choice
argument here.
I am a sex education supporter.
A huge one, in fact. Reading the
news is all too often depressing with
its frequent reports of schoolgirls
pregnancies and what happens
to young women and girls when
unplanned pregnancies are visited upon
them. Actually, just generally what
happens to young, nubile people of
both sexes in the area of enjoying a safe
and healthy personal life. Sentences like
wilful miscarriage, I am afraid, hint
that we need to hone this discussion
further.
Since the government is
currently keen on reform, I have
a few suggestions for them about

When Uganda was ravaged


by HIV/Aids, this superChristian country started
promoting condoms and safe
sex with admirable fervour

reproductive health. First thing that


comes to mind is actual sex education.
Is there a national programme? No, I
mean like a serious one that informs
people about everything we can no
longer handle by way of traditional
passing down of wisdoms? And I
really do mean everyone, from parents
and guardians to educators to law
enforcement to children, etcetera.
Because if the answer is no, that
would be a good place to start reducing
the abortion problem. Science has
shown, and please dont take my word
for this Google is your friend that
the more informed people are, the
better choices they make. Knowledge
never hurt anyone. On that note, the
second thing that comes to mind is
female empowerment.
Yes, through the education system
etcetera, but I have something a bit
dierent in mind. Remember when
Uganda was ravaged by HIV/Aids in
the Eighties and Nineties and President
Museveni took the issue in hand?
This super-Christian country started
promoting condoms and safe sex with
a fervour that was simply admirable.
There are side benets to that kind
of public health campaign above and
beyond the prevention of infections.
There is, of course, the aspect of
feminism that must intrude even if in
this case it is in the form of humanism.

himself back in Kinshasa after their triumphant


return home, taking the opportunity to decorate
them with medals, and then, to cap it all, gifting
them with expensive cars and dominating the
headlines!
Whether his wish for the trophy to forge
peace and stability in the country as it enters
a dicult electoral period will be realised,
however, remains to be seen.
Colourful closing ceremony
But Congolese domestic politics was hardly
the only attention-catching aspect of the match.
There were many others, such as the colourful
closing and award-giving ceremonies. For me,
though, something else struck a nerve.
Only a week before, Les Leopards had
defeated Rwandas Amavubi Stars to much
regret among Rwandans. On the day of the
nals, all that seemed to have been forgotten,
as Rwandans came out in droves to cheer Les
Leopards for reasons of regional solidarity.
For Rwandans born and raised in the DRC
and those who spent many years of exile there
before returning to the land of their ancestors, it
was clear that rooting for Les Leopards came as
naturally as cheering the Amavubi Stars.
Occasionally some Congolese ask where
such people really belong, and if they can be
considered Congolese. A young Rwandan clad in
DRC colours ventured an answer: I belong here,
and I belong there.

Frederick Golooba-Mutebi is a Kampalaand Kigali-based researcher and writer


on politics and public affairs. E-mail:
fgmutebi@yahoo.com

Choice is a broad word. It includes the


idea of consent, for example. Consent
is a broad word. It encompasses
discussions about power and gender
and the politics of sexuality. Politics
is a broad word. You see where this is
going? Much more interesting than
hearing from the police about what
women can or cannot decide about
their reproductive lives would be a
considered discussion in the legislature
that grapples with these problems more
deeply.
Finally, a little bit of actual prolife action would be good. Let me be
specic: Every time there is footage
or coverage of maternity wards in the
country, it is horrifying. Getting slapped
by nurses, sharing cots if you are lucky
or just lthy mattresses on the ground
if you are not, and dont even get
started on the maternal mortality rate.
Oh, sure: Motherhood is sacred?
Well, then, prove it. It would be nice
to see the politicians get worked up
about whether there is enough birthing
equipment at the local clinic, or maybe
using their big expensive cars to ferry
ladies in labour to the nearest health
provider.
Then, maybe then, we can have a
halfway reasonable argument about
wilful miscarriage. A title that could
only have been selected by an entitled
man.

Elsie Eyakuze is an independent


consultant and blogger for The
Mikocheni Report, http://mikoch
enireport.blogspot.com. E-mail:
elsieeyakuze@gmail.com

24

The EastAfrican

OPINION

FEBRUARY 13-19, 2016

Anothe scandal, anothe tibal closing of the


anks: Kenya evets to type in Tunoi saga
The man now remembers that he
belongs to an ethnic group and that
he comes from a certain village.

TEE NGUGI

ow and then, a curious


phenomenon takes place
in Kenya, lifting our veneer
of modern civic culture to
reveal an uncouth and unschooled
traditionalism.
A man or woman holding a high
public oce is caught in misconduct that
warrants his/her being held to account.
Up until this point, the culprit is viewed in
his professional capacity lawyer, Cabinet
minister, civil servant. Conversation about
him or his work over a drink is polite and
cerebral. Public discussions of his work are
rational, weighing the pros and cons of his
career. The schools he went to, the degrees
he holds, his professional interventions,
perhaps his ideological leanings, maybe his
social habits (where does he have his drink?
),etc, form the basis of the conversations
and discussions.
Should his ethnicity be mentioned, it
is in passing, a peripheral point that has
nothing to do with the assessment of the
mans abilities or character. He is deemed
to be either a good or poor lawyer, a
dedicated if conceited civil servant, or a
harsh but eective manager, etc.
But when the instruments and
processes that have been designed at our
behest to deal with misconduct begin

to close in on the culprit, a Jekyll and


Hyde transformation of our communal
personality begins to take place.
First, politicians from his home region
congregate at parliament grounds and
denounce in coded language the evil
machinations of unnamed political and
ethnic elites. Professional bodies from
his ethnic group read press statements
deeming the actions against the ocial
a conspiracy against the mans ethnic
community. Then those totally useless and
dangerous outts called elders councils,
who are in reality retired professionals, cry
out that the actions against their son are
clear signs that our community is being
nished.
The man in question, too, now
remembers that he belongs to an ethnic
group and that he comes from a certain
village. There is a tribal outcry. Like a

herd of bualoes coming to the aid of one


of their own caught by lions, the tribe
stampedes into action. The degrees from
Stanford and Yale, the years in London or
Berlin, the many years as a professional, the
airs of urban sophistication, the cultured
habits of educated minds are abandoned,
and all one hears is the cacophony of the
stampeding herd.
Woe to anyone who dares say, Let due
process take place!
It happened when disgraced former
deputy chief justice Nancy Baraza was
being investigated for harassment of a
security guard. We saw it when Amos
Kimunuya came under siege following the
unprocedural sale of the Grand Regency
Hotel.
It happened when Professor Njuguna
Ndungu was under siege for his poor
stewardship of the Central Bank. We

witnessed it when former registrar of


the judiciary Gladys Shollei was facing
inquiries about her procurement decisions.
We see it when quack foreskin biologist MP
Moses Kuria or small-minded peddler of
hate former Nairobi mayor George Aladwa
are arraigned in court for incitement and
hate speech. We see this transformation all
the time.
And now we are seeing it as Supreme
Court Judge Philip Tunoi comes under
investigation for bribery in which he
allegedly pocketed $2 million to rule
in favour of Evans Kidero in a petition
contesting his election as Nairobi Governor.

The degrees from Stanford


and Yale, the years in London
or Berlin, the airs of urban
sophistication. Woe to anyone
who dares say, Let due process
take place!

President Uhuru Kenyatta is required to


appoint a special tribunal to decide the
fate of the judge. Meanwhile, the Kalenjin
Council of Elders is rallying its members
to the new cause. Some ethnically allied
lawyers are insinuating that Tunoi is a
victim of the Willy Mutunga succession
battles. Villagers from the judges village
though, by their own admission, they
hardly ever see him now claim him as
their son. The tribal stampede to the judges
defence has begun.
At the heart of eorts at national
reawakening must be the question:
Why are we Kenyans so educated, so
sophisticated and urbane at one moment
so ready to descend to what VS Naipaul
would call an area of darkness in the
next?

Tee Ngugi is a social commentator based


in Nairobi

Feb 18 poll: Uganda police must not be patisan this time

illions of Ugandans will head to


the polls on 18 February, to vote
in presidential and parliamentary
elections. Over the coming days
and weeks, it is critical that the Uganda Police
Force acts with impartiality and protects the
rights of everyone, not just the interests of
those who currently hold the reins of power.
The police have overstepped their
constitutional mandate in previous elections,
and during parts of the period leading up
to these polls. They have unnecessarily
and excessively used force against peaceful
assemblies at times relying on tear gas and
rubber bullets.
In the aftermath of the last election in 2011, at
least nine people were killed as police broke up
peaceful street protests in the capital Kampala.
Many hundreds of others were arbitrarily
arrested. Last year, police arrested opposition
candidates and used excessive force to disperse
peaceful opposition gatherings.
Policing elections is undeniably a logistical
challenge in any country, but this is no reason
for Ugandas police to depart from their binding
human-rights obligations. In many parts of the
world, police have contributed positively during
elections, acting as a guarantor of the peoples
full enjoyment of rights, including the right to
vote. They have ensured that people can safely
assemble in public and peacefully demonstrate
for their rights.
There is particular cause for concern about the

The force recently imported more antiriot equipment, including a water cannon
and a new fleet of armoured trucks

SARAH JACKSON
role of the police in Uganda this time. Last year,
the police recruited and trained a nationwide
network of crime preventers in vast numbers.
This controversial volunteer force is managed by
the police without a legal framework, ostensibly
to report on and prevent crime.
In reality, the network is strongly aliated
with the ruling National Resistance Movement,
and many crime preventers have carried out
brutal attacks and acts of extortion against
Ugandans, with no accountability.
In these nal days of campaigning, and in
the course of any public assemblies that arise
following the vote or the announcement of
results, the police must ensure full and eective
control over all of the crime preventers they
have trained. The police themselves must remain
neutral, and avoid excessive, unnecessary and
disproportionate use of force.
Experience from other countries in the

region shows that the period following the


announcement of election results can be the
most sensitive stage of an election cycle.
These elections are highly contested more
so the presidential race and with this comes
the likelihood of protests from some who may
perceive unfairness, rigging or other electoral
irregularities.
This is something the police should prepare
for and deal with peacefully and in accordance
with their human-rights obligations. Respecting
the right to peaceful protest, including the right
to assemble spontaneously, is essential. The
Uganda Police Force must respect, protect, and
not violate, this human right.
The Uganda Police Force recently imported
more state-of-the-art anti-riot equipment,
including a water cannon and a new eet of
armoured trucks.
Next weeks election should not be a
demonstration of might. Rather, it is an
opportunity for the Ugandan police to act with
professionalism, neutrality, and respect for the

Policing elections is undeniably a


logistical challenge in any country,
but this is no reason for Ugandas
police to depart from their binding
human-rights obligations.

individuals they are constitutionally tasked to


protect.

Sarah Jackson is Amnesty Internationals


deputy regional director for East Africa, the
Horn and the Great Lakes

DEVELOPMENT...
Kenya gives nod to open-air
trials of Bt maize. Pg 31

AROUND AFRICA...

AFRICAN AFFAIRS, ECONOMICS, TRADE, SECURITY, ENVIRONMENT

Unemployment makes terrorist groups


appealing to Dar youth. Pg 34

OUTLOOK
FEBRUARY 13-19, 2016

JUSTICE ON TRIAL

A dangerous branch: The ugly


underbelly of Africas judiciary
By WACHIRA MAINA
Special Correspondent

lexander Bickel, one of Americas best-known


constitutional lawyers, wrote a book on the judiciary
called The Least Dangerous Branch. Bickels argument
is subtle but the central point is that compared with the
executive which has the power of the sword and
the legislature which has the power of the purse the
judiciary armed only with the power of judgment is the
least dangerous of the three arms of government. It is not an
argument many in Africa would nd persuasive. At least not
in Kenya, Lesotho, Swaziland, Botswana or Ghana.
In Kenya, the Judicial Service Commission has just found
that there is enough evidence of misconduct against Justice
Philip Tonui of the Supreme Court to warrant a tribunal.
And if it is true that he took a $2 million bribe to rule one
way rather than the other the inevitable question will be,
Who else? For if it is true that he was bought to deliver
a corrupt judgment, his vote alone in a court of ve would
not have been enough and it would be silly to spend such
a sum without an assurance that at least three votes were
available.
Many Kenyans are understandably shocked that the
judiciary has come to this perilous pass so soon after a
constitutional makeover that held out so much promise.
They should not be. Judges in Africa have been no less
vainglorious or monstrous in their greed than presidents
and parliaments. Or so the following colourful stories of
judicial misbehaviour from Lesotho, Swaziland, Botswana
and Ghana suggest.
Lesotho is a good place to start. Since 2012, the judiciary
there has been in a never-ending crisis. The president of the
Court of Appeal, who has barely been two years in oce, is
facing tax evasion charges. His predecessor was forced out
for insurance fraud and corrupt payments. The run-up to his
departure is the stu of comedy. It began rather pettily: As an
ego-driven catght between Justice Mathealira Ramodibedi,
the then president of the Appeal Court, and the former chief
justice, Mahapela Lehohla. Justice Ramodibedi, a citizen of
Lesotho, was simultaneously the chief justice of Swaziland
where his ties with King Mswati III nearly brought the court
to ruin, a story that follows shortly.
By virtue of being the head of the highest court in the
country, Ramodibedi believed himself senior to chief
justice Mahapela Lehohla, the administrative head of
the judiciary. The brawl got vicious and the judiciary
threatened to unravel. One session of the Court of Appeal
had to be cancelled and the judiciary split amid mutual
recriminations. The unseemly contest unsettled even foreign
observers. Addressing the Commonwealth Magistrates and
Judges Association, CMJA, in Zambia in 2014, the president
of the association, John Z Vertes, lamented that ghts like
this will undoubtedly have a debilitating eect on the
other judges and detrimentally aect the publics trust and

TURN TO PAGE 28

Amed only with the


powe of judgment, the
judiciay is supposed to
be the least dangeous
am of the govenment

Judges in
Africa have
been no
less vainglorious or
monstrous
in their
greed than
presidents
and parliaments.

25

26

OUTLOOK: TITBITS

The EastAfrican

FEBRUARY 13-19, 2016

OUTLOOK: TITBITS

BEHIND THE HEADLINES


Sudan summons envoy over UN draft

Drought disaster for Somali herders

Nato deploys patrols in Aegian Sea

Habre should get life - prosecution

The News: Sudans Foreign Ministry summoned


the US charge daairs in Khartoum on Wednesday
over Washingtons sponsorship of a draft UN
Security Council resolution.
The Lowdown: The resolution extends sanctions
related to the Darfur conict and adds restrictions
on gold mining, Sudans main source of income.
A 2005 UNSC resolution placed a travel ban and
asset freeze on those impeding the peace process
in Darfur and established the UN panel of experts
mandated to monitor the arms embargo on Darfur.
The US draft included unfair clauses on gold
mining in Sudan, the Foreign Ministry said.

The News: Two consecutive seasons of drought


across northern Somalia are driving tens of
thousands of pastoralists into hunger and debt,
humanitarian agencies say.
The Lowdown: The drought is leading to largescale abnormal migration of livestock to areas that
received rains, according to the latest food security
assessment for Somalia compiled by the Food
Security and Nutrition Analysis Unit (FSNAU). But
the improved pasture and water are likely to be
exhausted soon, as it is unable to support the mass
arrival of pastoralists and herds from as far aeld
as Djibouti and Ethiopia.

The News: Nato ships are being deployed to the


Aegean Sea to deter people-smugglers taking
migrants from Turkey to Greece, Nato chief Jens
Stoltenberg says.
The Lowdown: The announcement followed
a request byTurkey, Germany and Greece at
a defence ministers meeting in Brussels. Mr
Stoltenberg said the mission would not be about
stopping or pushing back refugee boats. Nato,
he said, will contribute critical information and
surveillance to help counter human tracking.
The decision marks the security alliances rst
intervention in Europes migrant crisis.

The News: Prosecutors in the landmark humanrights trial of former Chad ruler Hissene Habre
recommended life in prison if he is convicted of
war crimes, crimes against humanity and torture.
The Lowdown: Habre, who ruled Chad from 1982
to 1990, went on trial in the Senegalese capital
Dakar last July and a verdict is expected this year.
It is the rst time a domestic court system in
one country has tried a former leader of another
on rights charges. Rights advocates say the case
oers an alternative avenue for justice to the
International Criminal Court. Many African leaders
have voiced scepticism about the ICCs impartiality.

Medical epidemic
few women have been
willing to talk about
Pelvic organ prolapse
This is when a womans bladder, uterus, or
rectum falls through the vaginal canal it
affects millions of women, and becomes more
likely the older they get. The average age
women start to notice pelvic floor disorders,
which include prolapse as well as urinary and
faecal incontinence, is 56; by 80, half of all
women have one or more symptoms. One in
10 end up in surgery and associated costs
are soaring as the population ages from
an estimated $66 billion a year in 2007 to a
projected $83 billion in 2020.
And yet for years, few women talked about
it. Gynaecologists often do not notice it in
routine exams, and many women have lived
with the condition for years or even decades
without realising anything could be done.
This is a stigmatised condition, said John
DeLancey, a University of Michigan professor
of gynaecology and urology who pioneered
the use of MRIs and biomechanical analysis
to diagnose pelvic floor damage. Its nothing
people would talk about in polite company...
And because nobody talks about it, everyone
thinks theyre the only one.
Recently, however, the conversation has
opened up ever so slightly. Actress Kate
Winslet spoke publicly about her urinary
incontinence since having babies. The FDA
recently approved several versions of a pelvic
floor muscle trainer, which provide feedback
via a smartphone app. And new internal devices
for incontinence and prolapse, which advocates
say work better than earlier versions, are just
hitting the US market.

56

The average age


women start
to notice pelvic
floor disorders,
which include
prolapse as well as
urinary and feacal
incontinence.

By

When the pelvic floor collapses

Muscles at the base of the pelvis support organs of the lower abdomen. In women, that pelvic floor has three

openings,
which can lead to a hernia of one or more of the organs, should the pelvic muscles atrophy.

80

half of all women


have one or more
symptoms.

1 in 10

end up in surgery
and associated
costs are soaring
as the population
ages, from an
estimated $66
billion a year
in 2007 to a
projected $83
billion in 2020.

SOURCE: WASHINGTON POST

FEBRUARY 13 - 19, 2016

The EastAfrican

OUTLOOK: DEVELOPMENT

27

IMPACT OF EL NIO RAINS

Southern Africa faces food crisis this year


Recod low ainfall is
expected to esult in
extensive cop failue
in the egion

not have enough food. Some projections indicate the numbers aected
could surpass 725,000. Water rationing is underway in several districts,
impacting not just agriculture, but
also industries, schools, and hospitals. Water shortages are increasing
the likelihood of waterborne and
livestock diseases. The government
has committed $9.7 million towards
a $36.5 million appeal.

By OBI ANYADIKE
IRIN

outhern Africa is facing the threat


of extensive crop failures this year
as a result of record low rainfall in
a region in which 29 million people
already dont have reliable access to
enough aordable and nutritious food.
With little or no rain falling in
many areas and the window for the
planting of cereals closing fast or already closed in some countries, the
outlook is alarming, the World Food
Programme has warned.
The
UN
agency
added:
The region is ill prepared for a shock
of this magnitude, particularly since
the last growing season was also affected by drought. This means depleted regional stocks, high food prices,
and substantially increased numbers
of food insecure people.
Southern Africa is feeling the impact of an intense El Nio that began
last year. According to the Famine
Early Warning Systems Network,
continued below-average rainfall and
high temperatures are likely to persist in 2016, with the food crisis lasting into 2017.
The following are the worst-aected countries:
South Africa: The biggest victim
of the drought. Its the regions main
maize producer, but last year output
fell 30 per cent below the bumper
2014 season and it may have to import around 6 million tonnes. Planting of the 2016 cereal crop began later than normal due to delayed rains.
Small-scale farmers have been hammered by the drought, with emergencies declared in ve out of nine provinces, as well as areas of two other
provinces.
Malawi: The 2014/15 cereal harvest was 24 per cent down on the
ve-year average. Currently, 2.8

Madagascar: Nearly 1.9 million


people 46 per cent of the population
were food insecure in 2015, with
450,000 of them in crisis. The droughthit southern regions of Androy, Anosy, and Atsimo Andrefana are struggling, with 380,000 people 30 per
cent of the population aected.

FORECAST

A Zimbabwean girl, Vimbiso Chidamba, gathers maize cobs on the family farm
for milling in her village in Musana Bindura on September 2, 2015. The country
had a poor harvest blamed on drought and controversial land reforms. Pic: AFP

million people are food insecure


out of a population of 16 million,
as a result of ooding and drought
last year. Average maize prices
were at a record high in December 2015. The governments $146million Food Insecurity Response
Plan is so far 48 per cent funded.
Zimbabwe: The 2014/15 cereal harvest was 42 per cent down on the veyear average. An estimated 1.5 million people are food insecure, with
600,000 in crisis meaning they
are forced to skip meals, suer high
rates of malnutrition, or have sold
their livestock to make ends meet. A
new vulnerability assessment is under way and the gures are likely to

29m

Number of people in Southern Africa who


already lack reliable access to enough
aordable and nutritious food

be even worse. Zimbabwes $132-million drought response plan is 44 per


cent funded.
Mozambique: El Nios climate impact splits the country in two in
the north there has been ooding, in
the south drought. More than 176,000
people are in crisis in the provinces of
Gaza, Inhambane, Sofala, and Niassa, until at least the next harvest. A
further 575,455 people are food insecure, especially in Zambzia, Maputo,
and Niassa provinces. Around 50,300
people are receiving food assistance
in Gaza and Sofala.
Angola: A drought that scorched
Namibia spread into Angolas three
southern provinces Cunene, Huila
and Cuando Cubango. Whereas Namibia is on top of its crisis, Angola,
even though it is Africas second largest oil producer, is not. In Cunene,
800,000 people 72 per cent of the
population have been hit by crop
losses and livestock deaths, with

Southern Africa is feeling the


impact of an intense El Nio that
began last year.
The Famine Early Warning Systems
Network notes that continued
below-average rainfall and high
temperatures are likely to persist
in 2016, with the food crisis lasting
into 2017.
The World Food Programme has
warned of depleted regional stocks,
high food prices, and substantially
increased numbers of food insecure
people.

child malnutrition rates beyond the


emergency threshold of 15 per cent.
The situation is worsened by insucient resources, including human, logistical, critical nutritional and medical supplies, and funding, according
to UN sources. Nationwide, 1.25 million are at risk.
Zambia: Zambia has been an exporter of maize to the region, but
last years production was 21 percent
down on 2014. Zambias ample stocks
enabled it to still export to neighbouring and needy Zimbabwe, but close to
800,000 Zambians are also at risk of
food and livelihoods insecurity.
Lesotho: Some 650,000 people
one-third of the population do

Swaziland:One of the countries


least able to cope with crisis. Though
nominally a low-middle income country, levels of stunting among children
are historically around 31 percent.
More than 201,000 people out of 1.1
million one fth of the population
are food insecure. Maize prices
have increased by 66 per cent in a
country in which just under half of
the population are unemployed, and
which has the worlds highest rate of
HIV infection. Livestock have succumbed to the drought, and carcasses of cattle are now a common sight
in the elds that used to feed them.
Swaziland is ruled by an executive
monarchy, with a reputation of lavish
spending on white elephant projects.
And yet its central bank has released
only $75,000 for drought relief.
Namibia: The 2015 maize crop was
44 per cent lower than 2014s (aboveaverage) output. Around half of all
dryland commercial farmers experienced total crop losses as a result of
the drought and high temperatures.
An estimated 370,316 people are food
insecure and the target of a government drought relief programme.
The Democratic Republic of Congo:
Fighting in the east of the country
has worsened DRCs food insecurity.
Orientale, Equateur, South Kivu and
Katanga provinces are already at
emergency levels. An estimated 6.6
million people face food shortages.

Aga Khan Univesity boosting medical cae in Uganda


By BERNARD BUSUULWA
The EastAfrican

THE AGA KHAN University has commissioned


55 recent nursing graduates from the School
of Nursing and Midwifery in Uganda, to serve
in the countrys health sector, thereby boosting the quality of medical professionals in the
country.
The university is also investing in medical
infrastructure across the region.
Lack of a policy focus on human resource
development has resulted in inadequate skills
among medical professionals as well as stang
gaps in many government health centres.
For instance, Mulago Hospital, Ugandas
largest referral unit had 2,461 approved sta
positions in the 2013/14 nancial year, but only
1,880 were lled, leaving a stang gap of 581,

according to data from the Ministry of Health.


Total approved sta positions distributed among 2,998 public health units stood at
58,691 in the 2013/14 nancial year with 40,375
positions lled, leaving a stang gap of 18,316
positions, the data shows.
The countrys health sector has suered a
brain drain in the past as local medical professionals take up more attractive opportunities
in Europe and the Middle East. The Aga Khan
Universitys preference for in service professionals is, therefore, helping to mitigate this
problem.
But Mahmood H. Ahmed, diplomatic representative of the Aga Khan Development Network (AKDN) in Uganda, said it will be a while
before the stang gap is lled.
The manpower gap in Ugandas health sector will be lled but this will take time because

of the high training costs for professionals,


said the ocial.
AKDN is also equipping local health centres
in the West Nile region with digital scanners
that will enable the analysis and diagnosis of
internal body complications and sharing of
knowledge with medical specialists, Mr Ahmed
added.
The project is supported by the Aga Khan
Universitys latest $1 billion investment plan
for East Africa, which is to be rolled out over a
15- year period.
Aga Khan University also plans to construct
a teaching hospital in Kampala, with the rst
phase scheduled for completion in 2020. This
facility will focus on intensive research in the
eld of neurosciences and stem cell research
alongside treatment of heart problems and
non-communicable diseases.

Diploma in nursing graduands from the Aga


Khan University. Picture: File

28

OUTLOOK

The EastAfrican

FEBRUARY 13-19, 2016

FEBRUARY 13-19, 2016

The EastAfrican

OUTLOOK

29

Africas judiciary on trial: Islands of integrity are drowning fast


TURN FROM PAGE 25

condence in the justice system.


The prime minister then,
Pakalitha Mosisili, was eventually
asked to arbitrate. With a whi
of partisanship, he told the chief
justice that he was the junior
judge. But, dalliance with the
executive is never desirable. As
Vertes pointed out in his address:
There is a danger in inviting the
executive to intervene in matters
falling within the purview of
the judiciary because it may
well create the perception that
the judiciary is dependent on
the executive. This, he said,
undermines the principle of
separation of powers and the
independence of the judiciary.
Sure enough, Ramodibedis
pre-eminence was short-lived. In
2012, Lesotho held an extremely
divisive
general
election.
The election was won by an
opposition alliance and the new
prime minister, Thomas Thabane,
understandably, wanted to be rid
of Ramodibedi his predecessors
man in the judiciary. Central to
the governments case against
Ramodibedi were his ties to King
Mswati III of Swaziland to whom
Ramodibedi had lately given
three cows, a gesture of deep
lial loyalty in Swazi pastoralist
culture. The Lesotho government
disliked the optics of this gift,
charging that it undermined
the public perception of judicial
independence.
Initially, Ramodibedi pushed
back
against
government
eorts by getting court orders
from supportive judges. The
government
responded
by
initiating impeachment charges
for insurance fraud. It appeared
that Ramodibedi had made false
representations after an accident
involving his ocial vehicle.
He had instructed his driver to
accept culpability for the accident
and based on this, the insurance
company had paid out nearly
$30,000 in repair costs. Later,
the insurance company found out
that Ramodibedi had lied: It was
actually his drunken son who had
been driving the vehicle at the
time of the accident.
Ramodibedi tried to block the
impeachment but his eorts failed
after his own court, the Court of
Appeal, rejected the claim that
the tribunal was appointed in a
awed manner.
The latest is that with the
return of Pakalitha Mosisili as
prime minister early last year,
Ramodibedi is hoping for a return
to high judicial oce in Lesotho.
He resigned just before the
tribunal which included three
retired South African judges
began its hearings.
But Ramodibedi was not done:
His judicial wrecking career was
to continue in Swaziland, where
he was chief justice at the time
of his judgeship in Lesotho. If
in Lesotho Ramodibedi was a
vainglorious self-promoter, in
Swaziland he was a freebooter

who converted the judiciary into


a feedlot for himself, his allies and
the king.
On his appointment on an
indeterminate contract by King
Mswati III in 2010, he called
himself makhulu baas the big
boss a term with oensive and
racist overtones. He soon proved
himself a lackey of the monarch in
a series of inept and sycophantic
decisions. In 2010, he suspended
Judge Thomas Masuku of the
High Court because he had ruled
against the police and in favour of
Swazi villagers whose cattle the
police had conscated and joined
to the kings herd.
In his judgment, Judge Masuku
had noted that the King had
recently urged Swazis to obey the
law and concluded, innocently
enough, that, It would be hard
to imagine that His Majesty
could conceivably speak with a
forked tongue, saying one thing
and authorising his ocers to do
the opposite. It is this statement
that the chief justice objected to,
saying that it was an insult to the
king. So he asked the minister
of justice to dismiss Masuku.
The minister hesitated, was red
by King Mswati and a more
amenable relative was appointed
to eect the dismissal.
Suing the king
That same year, a local
businessman tried to sue the
king for expropriating his hotel.
Ramodibedi immediately issued
a directive immunising the King
from the lawsuit. In 2013, he had
two lawyers who published two
articles criticising him jailed for
two years for contempt of court.
In
2013,
King
Mswati
conferred the Order of Merit on
Ramodibedi, who was then facing
a three-month-long strike from
lawyers protesting his malign
management of the judiciary.
The Swazi Solidarity Network, an
NGO, said of Ramodibedi that in
the high court of public opinion
the chief justice is viewed as the
worst chief justice the country has
seen, the kings lapdog.
The prime minister, Mswatis
side-kick and business partner
Barnabas Dlamini, rushed to
the defence of the chief justice,
commending him for his good
work. It is instructive that
Dlamini was himself appointed
under a legal cloud. When he
became prime minister in 2008,

order to rule in favour of accused


persons. Anass modus operandi
was relatively simple: He would
pretend to be a relative or friend
of an accused person and oer to
pay judges in exchange for lenient
sentences. Twelve High Court
judges and 22 from the lower
courts were lmed accepting
bribes and in one case, a goat. The
explicit pictures of blatant bribetaking by senior judicial ocers
sent a frisson through the legal
establishment. Some judges even
argued that Anas should be jailed
for contempt. The government
smartly sidestepped a potential
public furore by granting him
immunity.

he was in fact not qualied, not


being a Member of Parliament as
required by the Constitution. He
is also alleged to be a major landgrabber.
But, like all sycophants,
Ramodibedi soon fell out with
the king for reasons that are
not entirely clear. His problems
started in 2013 with a notice by
the Swaziland Revenue Authority
(SRA) that his gratuity would be
taxed at the rate of 33 per cent
instead of the 15 per cent he
had previously paid. Ramodibedi
not only sued the SRA but also
audaciously allocated the case
to a well-known ally, former
registrar Mpendulo Simelane,
who ruled for Ramodibedi even
though the SRA had asked that he
disqualify himself. The decision
outraged Members of Parliament
who lamented the judicial trend
whereby politically sensitive
matters, including the SRA case,
were allocated by the chief justice
to judges considered dependable.
Particularly self-serving was
the fact that amid his quarrels
with SRA, Ramodibedi also

Lawyers in
Swaziland
protest against
controversial
Chief Justice
Michael Ramodibedi.
Picture: AFP

The case studies


THE ARGUMENT that the judiciary is
the least dangerous of the three arms
of government is not one many in Africa
would nd persuasive. At least not in
Kenya, Lesotho, Swaziland, Botswana
or Ghana. In Kenya, the Judicial Service
Commission has just found that there is
enough evidence of misconduct against
Justice Philip Tonui of the Supreme Court
to warrant a tribunal.
Since 2012 the judiciary in Lesotho
has been in a never-ending crisis. In
Botswana, an ugly ght, complete with

arcane stories of witchcraft, has erupted


between the executive and the judiciary
and has raged on for nearly two years
now. In Ghana, the story arises not from
factional inghting in the judiciary but
from a two-year undercover investigation
into judicial corruption by investigative
journalist Anas Aremeyaw.
In high impunity environments where
money buys access and prestige and the
country is not morally conicted about
illicit wealth, it is nave to expect courts
to be islands of integrity.

presided, inappropriately, over


a dispute between the SRA
and Impunzi Wholsesalers, a
Chinese-owned business. The
SRA was investigating Impunzi
for a Customs scam involving
imported quilts. The quilts had
been imported with a declared
value of $1.50 a piece but
subsequently shipped to South
Africa with a much higher value.
A joint investigation by the
South African and Swaziland
authorities concluded that Swazi
revenue had lost between $1.6
million and $4 million from
these dierential values. The SRA
therefore revised the valuation
of the quilts to $14.33 a piece;
seized a large consignment of
the quilts that had just come into
the country and threatened to
conscate them if Impunzi failed
to pay the newly assessed duties
of $8 million. Impunzi sued. In
February last year, the High Court
dismissed the application on a
preliminary ground raised by
the SRA. Impunzi then appealed
to the Supreme Court where, in
March 2015, Ramodibedi heard
the appeal, even though he was
in the middle of his own dispute
with the SRA over his own taxes.
He overruled the High Court;
declared SRAs new assessment
wrong, restored the earlier $1.50
valuation, and ordered the SRA to
pay both the legal costs and the
costs of seizing the goods.
In the aftermath of these
goings-on, a full blown corruption
investigation into the justice
sector was initiated and warrants
of arrest were issued for chief
justice
Ramodibedi,
Judge
Mpendulo Simelane and the
registrar of the High Court on

the twin charges of conspiring


to defeat the ends of justice and
abuse of power.
When he learnt of the warrants,
Ramodibedi barricaded himself in
his house for 38 days; threatened
to shoot the policemen who had
gone to arrest him; persuaded
another judge to cancel the
warrant and succeeded in having
the charges dropped so that he
could sneak out of Swaziland.
With the disgraced chief justice
safely away in South Africa, arrests
quickly followed: Judge Mpendulo
Simelane for his refusal to recuse
himself in Ramodibedis tax case;
Judge Jacobus Annandale for
rescinding the arrest warrant
and High Court registrar Fikile
Nhlabatsi for providing a fake
order rescinding the warrants
of arrest against the chief justice
and Judge Simelane.
Fights and withcraft
And so to Botswana, another
country in which Ramodibedi had
once served. Here an ugly ght,
complete with arcane stories of
witchcraft, has erupted between
the executive and the judiciary
and has raged on for nearly
two years now. It began, rather
innocuously, as a false claims
investigation by the Chief Justice
Maruping Dibotelo against four
High Court judges whom he
accused of receiving housing
allowances that they were not
entitled to. At the instigation of
Dibotelo, the police launched
inquiries into the $80,000 false
claims against four High Court
judges: Justices Key Dingake,
Modiri Letsididi, Mercy Garekwe
and Ranier Busang.
Twelve judges of the High Court

rushed to the defence of their


four colleagues and petitioned
the Judicial Service Commission
(JSC) to impeach the Chief
Justice. Claiming that the housing
allowance issue was actuated by
malice, they accused Dibotelo of
being a racist, partly for his open
hostility to the presiding judge of
the Court of Appeal, Justice Kirby,
a white man from South Africa.
More seriously, they claimed
that the Chief Justice had deeply
held beliefs in witchcraft, which
complicated his relationship with
other judges and judicial sta.
Dibotelo, they said, occasionally
claimed that his traditional
doctor had warned him that
his colleagues were bewitching
him and was condent that the
omens of this would be clear
in the coming rainy season
when lightning would strike
with catastrophic eect. They
threatened to reveal even more
sensitive material behind closed
doors.
True or not, the claims in the
petition painted a grotesque
picture. They also incensed
President Ian Khama, the CJs
ally, who promptly set up a
tribunal to investigate the four
oending,
now
suspended
judges. The story in Botswana
is that President Khama initially
intended to suspend all the 12
who had signed the petition but it
appears that the Chief Justice had
balked at this, perhaps worried
about the eect on the judiciary
and on his reputation, both at
home and abroad.
President Khamas strong
reaction led to an ever-deepening
crisis. Three of the 12 judges who
had signed the petition withdrew

I thought there would


be one or two judges
perhaps so I was very
shocked by the number of
judges involved.
Nene Amegatcher, former president
of the Ghana Bar Association
and wrote grovelling apologies to
Dibotelo and the president. The
Sunday Standard Reporter, a
Gaborone weekly, tells the craven
story of one of the three, Justice
Kholisani Solo, down on his
knees and grovelling at the feet
of President Khama and the Chief
Justice, obsequiously declaring
his undying loyalty. Pining for
forgiveness he said how indebted
he was to President Khama and
the Chief Justice for standing
by him in his hour of need.
Snivelling, Solo continued, I
express my loyalty to the Chief
Justice and the appointing
authority who stood for my
appointment when I was in my
moment of despair.
In Ghana, the last of the casestudies here, the story arises
not from factional inghting in
the judiciary but from a twoyear undercover investigation
into judicial corruption by
investigative journalist Anas
Aremeyaw. In September last
year, Anas released a lm Ghana
in the Eyes of God: Epic of
Injustice. It was a documentary
based on 500 hours of secret
footage. It claimed that 34 judges
and magistrates had demanded
bribes and sexual favours in

Anass documentary
Subsequently, Ghanas Judicial
Council carried out investigations
based on Anass documentary,
and in December last year
dismissed 21 lower court judges.
Only one judge was discharged
for lack of evidence. Seven judges
of the High Court have now been
suspended. Of the remaining ve,
two have since retired. One has
been cleared, a case of mistaken
identity, and the last two have
led lawsuits against Anas.
The lm itself has been a hit:
Playing to overowing cinema
halls in Accra and opening to
great acclaim in Kumasi, the
second largest city. Unfortunately,
further screenings have now been
blocked by the High Court, on
application by the one of the two
judges disputing its veracity.
The documentary has surprised
ocials: The 1992 Constitution
was thought to have put the
judiciary on a rm footing by
giving it autonomy from the
executive, augmenting the judges
salaries and improving their
conditions of service. Yet, as the
immediate former president of
the Ghana Bar Association Nene
Amegatcher and member of the
Judicial Council told the press in
the wake of Anass documentary:
I was surprised by the numbers
I thought there would be one
or two judges perhaps so I
was very shocked by the number
of judges involved. He noted
especially that he thought that
improvements in remuneration
would enable judges to live
comfortable
lives
without
collecting any sort of bribes from
parties.
Many East Africans can relate
to Nenes sentiments. And therein
lies the problem. What all these
stories show is the central fallacy
of judicial reform in Africa: The
silly notion that coddling judges
with high salaries and superperks is a cure for greed and
corruption. The truth is that in
high impunity environments
where money buys access and
prestige and the country is not
morally conicted about illicit
wealth, it is nave to expect courts
to be islands of integrity.

Wachira Maina is a
constitutional lawyer

Kenyas Chief Justice Willy Mutunga (centre) talks to journalists outside the Supreme Court in Nairobi.
He was receiving the JSCs report about allegations of bribery against Justice Philip Tunoi. Picture: File

Kenya may seek foeign judges fo


tibunal investigating Judge Tunoi
By FRED OLUOCH
Special Correspondent.

FEARS OF potential conict


of interest will force President
Uhuru Kenyatta to appoint retired and foreign judges to be
members of the tribunal that
will investigate claims that
Supreme Court judge Philip
Tunoi took a $2 million bribe
to sway an election petition in
2014.
Legal experts say President
Kenyatta will have to be careful with the composition of the
tribunal because four other
judges Mohamed Ibrahim,
Jackton Ojwang, Njoki Ndungu
and Smokin Wanjala who
heard the petition against the
election of Nairobi Governor
Evans Kidero could be implicated in the proceedings.
The four will not sit in the
tribunal despite the law allowing them to be members.
Chief Justice Willy Mutunga,
who invited the Judicial Service Commission to establish
whether the allegations had
any basis; and his deputy Kalpana Rawal who together
with Supreme Court Judge Tunoi are separately challenging
the provision that they retire
at 70 years of age would also
not be seen to be truly bipartisan in the matter.
The president is expected
to appoint seven members
comprising ve superior court
judges either practising or
retired and two advocates,
one of whom must have been
an advocate for 15 years.
Otiende Amollo, chairman
of the Commission on Administrative Justice, said Supreme
Court judges could be overlooked to avoid a potential situation where they are hearing
their own case.
Nairobi lawyer Gitobu Imanyara said President Kenyatta
has the leeway to pick judges
from other Commonwealth
countries, retired judges and
practising senior counsel.

Article 168 (5) b of the Constitution says, The chairperson and at least four other
members shall hold or have
held oce as judges of a Superior Court, or have qualied as
such, and shall not have been
members of the Judicial Service Commission at any time
within the immediately preceding three years. The fth
member of the tribunal shall
have been an advocate for a
minimum of 15 years. The nal
two members shall be qualied practitioners in the area of
Public Aairs.
Baraza case
The tribunal that investigated former deputy chief justice Nancy Baraza in 2012 was
chaired by former Tanzanian
chief justice Augustino Ramadhan, retired Justice Philip
Ransley, Prof Judith Bahemuka, Surinder Kapila, Siganga
Beauttah Alukhava, Grace Barbara Ngele Madoka, and Prof
Mugambi Jese Ndwiga Kanyua.
Ms Baraza had been accused
of assaulting security guard
Rebecca Kerubo and threatening to shoot her at the Village
Market shopping mall in Nairobi. The tribunal found that
Ms Baraza was not t to hold
oce and recommended her
sacking.
In the Justice Tunoi case,
journalist Georey Kiplagat
has sworn an adavit that he
arranged for the judge to meet
Dr Kideros agents and to later
receive $2 million as a bribe to
inuence the outcome of the

President Uhuru
Kenyatta has the leeway
to pick judges from
other Commonwealth
countries.
Gitobu Imanyara, lawyer in Kenya

petition led by MP Ferdinand


Waititu.
A special committee of the
Judicial Service Commission
on February 5 recommended
that the president establishe a
tribunal to investigate the matter after nding that Justice
Tunoi was culpable of gross
misconduct and misbehaviour
during the hearing of the petition.
The president should act
within 14 days of receiving the
recommendation and at the
same time suspend Justice Tunoi pending the outcome of the
tribunal.
Justice Tunoi, who has chosen to defend himself at the
tribunal, should be on half
pay Ksh375,000 per month
($3,750) while under suspension. Had he chosen to resign,
as some lawyers had advised,
he would earn all his retirement benets.
Last week on Wednesday,
State House spokesperson
Manoah Esipisu said President
Kenyatta was yet to receive the
Judicial Service Commissions
recommendation.
If the tribunal establishes
that Justice Tunoi received a
bribe, he will be sacked and his
career in the judiciary end in
disgrace.
Justice Tunoi together
with Deputy Justice Rawal is
already ghting another battle
in court where he is challenging the statutory retirement
age of 70 as per the 2010 Constitution. They both argue that
they were appointed under the
previous Constitution that put
the retirement age at 74.
Last year, two commissioners of the Ethics and Anti-Corruption Commission, Mumo Matemu and Irene Keino,
resigned rather than face a
tribunal. The two had been
suspended after parliament
declared them incapable of
leading the ght against corruption.

28

OUTLOOK

The EastAfrican

FEBRUARY 13-19, 2016

FEBRUARY 13-19, 2016

The EastAfrican

OUTLOOK

29

Africas judiciary on trial: Islands of integrity are drowning fast


TURN FROM PAGE 25

condence in the justice system.


The prime minister then,
Pakalitha Mosisili, was eventually
asked to arbitrate. With a whi
of partisanship, he told the chief
justice that he was the junior
judge. But, dalliance with the
executive is never desirable. As
Vertes pointed out in his address:
There is a danger in inviting the
executive to intervene in matters
falling within the purview of
the judiciary because it may
well create the perception that
the judiciary is dependent on
the executive. This, he said,
undermines the principle of
separation of powers and the
independence of the judiciary.
Sure enough, Ramodibedis
pre-eminence was short-lived. In
2012, Lesotho held an extremely
divisive
general
election.
The election was won by an
opposition alliance and the new
prime minister, Thomas Thabane,
understandably, wanted to be rid
of Ramodibedi his predecessors
man in the judiciary. Central to
the governments case against
Ramodibedi were his ties to King
Mswati III of Swaziland to whom
Ramodibedi had lately given
three cows, a gesture of deep
lial loyalty in Swazi pastoralist
culture. The Lesotho government
disliked the optics of this gift,
charging that it undermined
the public perception of judicial
independence.
Initially, Ramodibedi pushed
back
against
government
eorts by getting court orders
from supportive judges. The
government
responded
by
initiating impeachment charges
for insurance fraud. It appeared
that Ramodibedi had made false
representations after an accident
involving his ocial vehicle.
He had instructed his driver to
accept culpability for the accident
and based on this, the insurance
company had paid out nearly
$30,000 in repair costs. Later,
the insurance company found out
that Ramodibedi had lied: It was
actually his drunken son who had
been driving the vehicle at the
time of the accident.
Ramodibedi tried to block the
impeachment but his eorts failed
after his own court, the Court of
Appeal, rejected the claim that
the tribunal was appointed in a
awed manner.
The latest is that with the
return of Pakalitha Mosisili as
prime minister early last year,
Ramodibedi is hoping for a return
to high judicial oce in Lesotho.
He resigned just before the
tribunal which included three
retired South African judges
began its hearings.
But Ramodibedi was not done:
His judicial wrecking career was
to continue in Swaziland, where
he was chief justice at the time
of his judgeship in Lesotho. If
in Lesotho Ramodibedi was a
vainglorious self-promoter, in
Swaziland he was a freebooter

who converted the judiciary into


a feedlot for himself, his allies and
the king.
On his appointment on an
indeterminate contract by King
Mswati III in 2010, he called
himself makhulu baas the big
boss a term with oensive and
racist overtones. He soon proved
himself a lackey of the monarch in
a series of inept and sycophantic
decisions. In 2010, he suspended
Judge Thomas Masuku of the
High Court because he had ruled
against the police and in favour of
Swazi villagers whose cattle the
police had conscated and joined
to the kings herd.
In his judgment, Judge Masuku
had noted that the King had
recently urged Swazis to obey the
law and concluded, innocently
enough, that, It would be hard
to imagine that His Majesty
could conceivably speak with a
forked tongue, saying one thing
and authorising his ocers to do
the opposite. It is this statement
that the chief justice objected to,
saying that it was an insult to the
king. So he asked the minister
of justice to dismiss Masuku.
The minister hesitated, was red
by King Mswati and a more
amenable relative was appointed
to eect the dismissal.
Suing the king
That same year, a local
businessman tried to sue the
king for expropriating his hotel.
Ramodibedi immediately issued
a directive immunising the King
from the lawsuit. In 2013, he had
two lawyers who published two
articles criticising him jailed for
two years for contempt of court.
In
2013,
King
Mswati
conferred the Order of Merit on
Ramodibedi, who was then facing
a three-month-long strike from
lawyers protesting his malign
management of the judiciary.
The Swazi Solidarity Network, an
NGO, said of Ramodibedi that in
the high court of public opinion
the chief justice is viewed as the
worst chief justice the country has
seen, the kings lapdog.
The prime minister, Mswatis
side-kick and business partner
Barnabas Dlamini, rushed to
the defence of the chief justice,
commending him for his good
work. It is instructive that
Dlamini was himself appointed
under a legal cloud. When he
became prime minister in 2008,

order to rule in favour of accused


persons. Anass modus operandi
was relatively simple: He would
pretend to be a relative or friend
of an accused person and oer to
pay judges in exchange for lenient
sentences. Twelve High Court
judges and 22 from the lower
courts were lmed accepting
bribes and in one case, a goat. The
explicit pictures of blatant bribetaking by senior judicial ocers
sent a frisson through the legal
establishment. Some judges even
argued that Anas should be jailed
for contempt. The government
smartly sidestepped a potential
public furore by granting him
immunity.

he was in fact not qualied, not


being a Member of Parliament as
required by the Constitution. He
is also alleged to be a major landgrabber.
But, like all sycophants,
Ramodibedi soon fell out with
the king for reasons that are
not entirely clear. His problems
started in 2013 with a notice by
the Swaziland Revenue Authority
(SRA) that his gratuity would be
taxed at the rate of 33 per cent
instead of the 15 per cent he
had previously paid. Ramodibedi
not only sued the SRA but also
audaciously allocated the case
to a well-known ally, former
registrar Mpendulo Simelane,
who ruled for Ramodibedi even
though the SRA had asked that he
disqualify himself. The decision
outraged Members of Parliament
who lamented the judicial trend
whereby politically sensitive
matters, including the SRA case,
were allocated by the chief justice
to judges considered dependable.
Particularly self-serving was
the fact that amid his quarrels
with SRA, Ramodibedi also

Lawyers in
Swaziland
protest against
controversial
Chief Justice
Michael Ramodibedi.
Picture: AFP

The case studies


THE ARGUMENT that the judiciary is
the least dangerous of the three arms
of government is not one many in Africa
would nd persuasive. At least not in
Kenya, Lesotho, Swaziland, Botswana
or Ghana. In Kenya, the Judicial Service
Commission has just found that there is
enough evidence of misconduct against
Justice Philip Tonui of the Supreme Court
to warrant a tribunal.
Since 2012 the judiciary in Lesotho
has been in a never-ending crisis. In
Botswana, an ugly ght, complete with

arcane stories of witchcraft, has erupted


between the executive and the judiciary
and has raged on for nearly two years
now. In Ghana, the story arises not from
factional inghting in the judiciary but
from a two-year undercover investigation
into judicial corruption by investigative
journalist Anas Aremeyaw.
In high impunity environments where
money buys access and prestige and the
country is not morally conicted about
illicit wealth, it is nave to expect courts
to be islands of integrity.

presided, inappropriately, over


a dispute between the SRA
and Impunzi Wholsesalers, a
Chinese-owned business. The
SRA was investigating Impunzi
for a Customs scam involving
imported quilts. The quilts had
been imported with a declared
value of $1.50 a piece but
subsequently shipped to South
Africa with a much higher value.
A joint investigation by the
South African and Swaziland
authorities concluded that Swazi
revenue had lost between $1.6
million and $4 million from
these dierential values. The SRA
therefore revised the valuation
of the quilts to $14.33 a piece;
seized a large consignment of
the quilts that had just come into
the country and threatened to
conscate them if Impunzi failed
to pay the newly assessed duties
of $8 million. Impunzi sued. In
February last year, the High Court
dismissed the application on a
preliminary ground raised by
the SRA. Impunzi then appealed
to the Supreme Court where, in
March 2015, Ramodibedi heard
the appeal, even though he was
in the middle of his own dispute
with the SRA over his own taxes.
He overruled the High Court;
declared SRAs new assessment
wrong, restored the earlier $1.50
valuation, and ordered the SRA to
pay both the legal costs and the
costs of seizing the goods.
In the aftermath of these
goings-on, a full blown corruption
investigation into the justice
sector was initiated and warrants
of arrest were issued for chief
justice
Ramodibedi,
Judge
Mpendulo Simelane and the
registrar of the High Court on

the twin charges of conspiring


to defeat the ends of justice and
abuse of power.
When he learnt of the warrants,
Ramodibedi barricaded himself in
his house for 38 days; threatened
to shoot the policemen who had
gone to arrest him; persuaded
another judge to cancel the
warrant and succeeded in having
the charges dropped so that he
could sneak out of Swaziland.
With the disgraced chief justice
safely away in South Africa, arrests
quickly followed: Judge Mpendulo
Simelane for his refusal to recuse
himself in Ramodibedis tax case;
Judge Jacobus Annandale for
rescinding the arrest warrant
and High Court registrar Fikile
Nhlabatsi for providing a fake
order rescinding the warrants
of arrest against the chief justice
and Judge Simelane.
Fights and withcraft
And so to Botswana, another
country in which Ramodibedi had
once served. Here an ugly ght,
complete with arcane stories of
witchcraft, has erupted between
the executive and the judiciary
and has raged on for nearly
two years now. It began, rather
innocuously, as a false claims
investigation by the Chief Justice
Maruping Dibotelo against four
High Court judges whom he
accused of receiving housing
allowances that they were not
entitled to. At the instigation of
Dibotelo, the police launched
inquiries into the $80,000 false
claims against four High Court
judges: Justices Key Dingake,
Modiri Letsididi, Mercy Garekwe
and Ranier Busang.
Twelve judges of the High Court

rushed to the defence of their


four colleagues and petitioned
the Judicial Service Commission
(JSC) to impeach the Chief
Justice. Claiming that the housing
allowance issue was actuated by
malice, they accused Dibotelo of
being a racist, partly for his open
hostility to the presiding judge of
the Court of Appeal, Justice Kirby,
a white man from South Africa.
More seriously, they claimed
that the Chief Justice had deeply
held beliefs in witchcraft, which
complicated his relationship with
other judges and judicial sta.
Dibotelo, they said, occasionally
claimed that his traditional
doctor had warned him that
his colleagues were bewitching
him and was condent that the
omens of this would be clear
in the coming rainy season
when lightning would strike
with catastrophic eect. They
threatened to reveal even more
sensitive material behind closed
doors.
True or not, the claims in the
petition painted a grotesque
picture. They also incensed
President Ian Khama, the CJs
ally, who promptly set up a
tribunal to investigate the four
oending,
now
suspended
judges. The story in Botswana
is that President Khama initially
intended to suspend all the 12
who had signed the petition but it
appears that the Chief Justice had
balked at this, perhaps worried
about the eect on the judiciary
and on his reputation, both at
home and abroad.
President Khamas strong
reaction led to an ever-deepening
crisis. Three of the 12 judges who
had signed the petition withdrew

I thought there would


be one or two judges
perhaps so I was very
shocked by the number of
judges involved.
Nene Amegatcher, former president
of the Ghana Bar Association
and wrote grovelling apologies to
Dibotelo and the president. The
Sunday Standard Reporter, a
Gaborone weekly, tells the craven
story of one of the three, Justice
Kholisani Solo, down on his
knees and grovelling at the feet
of President Khama and the Chief
Justice, obsequiously declaring
his undying loyalty. Pining for
forgiveness he said how indebted
he was to President Khama and
the Chief Justice for standing
by him in his hour of need.
Snivelling, Solo continued, I
express my loyalty to the Chief
Justice and the appointing
authority who stood for my
appointment when I was in my
moment of despair.
In Ghana, the last of the casestudies here, the story arises
not from factional inghting in
the judiciary but from a twoyear undercover investigation
into judicial corruption by
investigative journalist Anas
Aremeyaw. In September last
year, Anas released a lm Ghana
in the Eyes of God: Epic of
Injustice. It was a documentary
based on 500 hours of secret
footage. It claimed that 34 judges
and magistrates had demanded
bribes and sexual favours in

Anass documentary
Subsequently, Ghanas Judicial
Council carried out investigations
based on Anass documentary,
and in December last year
dismissed 21 lower court judges.
Only one judge was discharged
for lack of evidence. Seven judges
of the High Court have now been
suspended. Of the remaining ve,
two have since retired. One has
been cleared, a case of mistaken
identity, and the last two have
led lawsuits against Anas.
The lm itself has been a hit:
Playing to overowing cinema
halls in Accra and opening to
great acclaim in Kumasi, the
second largest city. Unfortunately,
further screenings have now been
blocked by the High Court, on
application by the one of the two
judges disputing its veracity.
The documentary has surprised
ocials: The 1992 Constitution
was thought to have put the
judiciary on a rm footing by
giving it autonomy from the
executive, augmenting the judges
salaries and improving their
conditions of service. Yet, as the
immediate former president of
the Ghana Bar Association Nene
Amegatcher and member of the
Judicial Council told the press in
the wake of Anass documentary:
I was surprised by the numbers
I thought there would be one
or two judges perhaps so I
was very shocked by the number
of judges involved. He noted
especially that he thought that
improvements in remuneration
would enable judges to live
comfortable
lives
without
collecting any sort of bribes from
parties.
Many East Africans can relate
to Nenes sentiments. And therein
lies the problem. What all these
stories show is the central fallacy
of judicial reform in Africa: The
silly notion that coddling judges
with high salaries and superperks is a cure for greed and
corruption. The truth is that in
high impunity environments
where money buys access and
prestige and the country is not
morally conicted about illicit
wealth, it is nave to expect courts
to be islands of integrity.

Wachira Maina is a
constitutional lawyer

Kenyas Chief Justice Willy Mutunga (centre) talks to journalists outside the Supreme Court in Nairobi.
He was receiving the JSCs report about allegations of bribery against Justice Philip Tunoi. Picture: File

Kenya may seek foeign judges fo


tibunal investigating Judge Tunoi
By FRED OLUOCH
Special Correspondent.

FEARS OF potential conict


of interest will force President
Uhuru Kenyatta to appoint retired and foreign judges to be
members of the tribunal that
will investigate claims that
Supreme Court judge Philip
Tunoi took a $2 million bribe
to sway an election petition in
2014.
Legal experts say President
Kenyatta will have to be careful with the composition of the
tribunal because four other
judges Mohamed Ibrahim,
Jackton Ojwang, Njoki Ndungu
and Smokin Wanjala who
heard the petition against the
election of Nairobi Governor
Evans Kidero could be implicated in the proceedings.
The four will not sit in the
tribunal despite the law allowing them to be members.
Chief Justice Willy Mutunga,
who invited the Judicial Service Commission to establish
whether the allegations had
any basis; and his deputy Kalpana Rawal who together
with Supreme Court Judge Tunoi are separately challenging
the provision that they retire
at 70 years of age would also
not be seen to be truly bipartisan in the matter.
The president is expected
to appoint seven members
comprising ve superior court
judges either practising or
retired and two advocates,
one of whom must have been
an advocate for 15 years.
Otiende Amollo, chairman
of the Commission on Administrative Justice, said Supreme
Court judges could be overlooked to avoid a potential situation where they are hearing
their own case.
Nairobi lawyer Gitobu Imanyara said President Kenyatta
has the leeway to pick judges
from other Commonwealth
countries, retired judges and
practising senior counsel.

Article 168 (5) b of the Constitution says, The chairperson and at least four other
members shall hold or have
held oce as judges of a Superior Court, or have qualied as
such, and shall not have been
members of the Judicial Service Commission at any time
within the immediately preceding three years. The fth
member of the tribunal shall
have been an advocate for a
minimum of 15 years. The nal
two members shall be qualied practitioners in the area of
Public Aairs.
Baraza case
The tribunal that investigated former deputy chief justice Nancy Baraza in 2012 was
chaired by former Tanzanian
chief justice Augustino Ramadhan, retired Justice Philip
Ransley, Prof Judith Bahemuka, Surinder Kapila, Siganga
Beauttah Alukhava, Grace Barbara Ngele Madoka, and Prof
Mugambi Jese Ndwiga Kanyua.
Ms Baraza had been accused
of assaulting security guard
Rebecca Kerubo and threatening to shoot her at the Village
Market shopping mall in Nairobi. The tribunal found that
Ms Baraza was not t to hold
oce and recommended her
sacking.
In the Justice Tunoi case,
journalist Georey Kiplagat
has sworn an adavit that he
arranged for the judge to meet
Dr Kideros agents and to later
receive $2 million as a bribe to
inuence the outcome of the

President Uhuru
Kenyatta has the leeway
to pick judges from
other Commonwealth
countries.
Gitobu Imanyara, lawyer in Kenya

petition led by MP Ferdinand


Waititu.
A special committee of the
Judicial Service Commission
on February 5 recommended
that the president establishe a
tribunal to investigate the matter after nding that Justice
Tunoi was culpable of gross
misconduct and misbehaviour
during the hearing of the petition.
The president should act
within 14 days of receiving the
recommendation and at the
same time suspend Justice Tunoi pending the outcome of the
tribunal.
Justice Tunoi, who has chosen to defend himself at the
tribunal, should be on half
pay Ksh375,000 per month
($3,750) while under suspension. Had he chosen to resign,
as some lawyers had advised,
he would earn all his retirement benets.
Last week on Wednesday,
State House spokesperson
Manoah Esipisu said President
Kenyatta was yet to receive the
Judicial Service Commissions
recommendation.
If the tribunal establishes
that Justice Tunoi received a
bribe, he will be sacked and his
career in the judiciary end in
disgrace.
Justice Tunoi together
with Deputy Justice Rawal is
already ghting another battle
in court where he is challenging the statutory retirement
age of 70 as per the 2010 Constitution. They both argue that
they were appointed under the
previous Constitution that put
the retirement age at 74.
Last year, two commissioners of the Ethics and Anti-Corruption Commission, Mumo Matemu and Irene Keino,
resigned rather than face a
tribunal. The two had been
suspended after parliament
declared them incapable of
leading the ght against corruption.

30

The EastAfrican

OUTLOOK: e-AFRICAN

FEBRUARY 13-19, 2016

2016 TECHNOLOGIES THAT BUSINESSES SHOULD TAP INTO

How EA can thrive in digital economy


Cloud, big data,
social business and
mobility ae among
the tends that will
help ms geneate
new evenue
By SCOLA KAMAU
Special Correspondent

M2M COMMUNICATIONS
Machine to machine (M2M)
communication enables the
exchange of data between devices.
It helps to make processes leaner,
workflows faster and applications
more intelligent and valuable.
According to Cisco, the American
multinational technology company,

M2M traffic in the Middle East


and Africa will grow 38-fold from
2014 to 2019 to reach 50 petabyte,
accounting for 5-7 per cent of the
total mobile data traffic in the
regions by 2019, compared with just
a three per cent margin at the end
of 2015.

ast African businesses will need


to tap more into third platform
technologies cloud, big data,
social business and mobility in
order to thrive in the new digital
economy evolving across the region.
These technologies are broadly
classied under machine-to-machine (M2M) communication which
enables networked devices to exchange information and perform actions without the help of humans. It
is used in remote monitoring in areas such as telemedicene, eet management and logistic services.
According to a new report by
the International Data Corporation
(IDC) called FutureScape 2016 Predictions, manufacturers across the
region are expected to use the Internet of Things (IoT) and big data analytics to generate new revenues.
M2M forms the basis of IoT an
environment in which objects (such
as vehicles and buildings), animals
or people are enabled to transfer data over a network without requiring
human-to-human or human-to-computer interaction.
As we enter this new digitally
driven hyperconnected era, organisations that can rapidly scale their
digital transformation eorts by leveraging the technologies of the third
platform will thrive in the new digital economy, notes the report.
As such, cloud, big data, social
business, and mobility will be the
top trends shaping businesses in
2016, the report notes.
Big data analytics automatically
detects trends such as who prefers

According to a new report by International Data Corporation, manufacturers across the region are expected to use big data analytics to
generate new revenues. Picture: File

what, at what time, how much and


gender. It helps in analysing large
data sets whose volumes are rapidly
increasing across the globe.
Retail, hospitality and other
service industries will use these
technologies to boost customer experiences and revenues, said James
Mutua, senior research analyst at
IDC East Africa.
Already, healthcare providers are
using cognitive systems for quicker
and more accurate diagnoses to prescribe the most eective treatments.
Financial services providers on
the other hand will continue using
massive data feeds and cognitive
analytics to reduce fraud, waste and
abuse, securing billions of dollars.
But while businesses in the region
adopt these technologies, security
will remain a key concern, the report notes.
Cost-optimisation eorts and the
lack of necessary skills in the region
will drive demand for security services, said Mark Walker, associate
vice-president at IDC sub-Saharan
Africa. Increasingly, targeted and
sophisticated cyber-attacks will lead
to greater demand for cyber insurance while organisations in both the
public and private sectors will also
shift to tighter, more digitised supply chains in 2016.
But how well can the region adopt
these technologies? A combination
of trade agreements, African unity
pacts, and reduced reliance on commoditised trade are expected to facilitate this shift over the year.
The lower cost of technologies
such as cloud and the reduced reliance on outdated communication
standards will speed up adoption.
While technology connectivity
including monitoring of the interconnected systems is needed, cyber
fraud including SIMbox fraud will
require sophisticated solutions, the
report notes. Other key challenges
will be intra-and inter-African political will, skills shortage and the
relationship between big and small
enterprises.

Dating-style apps beaking into fiendship maket


ByJESSICA CONTRERA
The Washington Post

IF YOURE in your 20s or 30s, the idea of swiping right to nd your next date sounds pretty unsurprising by now.
But what about swiping to nd your next best
friend? Looking at a photo of another woman
with some details about who she is and what she
likes, and in an instant deciding whether she has
friend potential?
Welcome to the future of friendship-nding, or
so say hopeful app-makers. Theres Squad, Spotafriend, BeFriend, MetjUp. Hey! VINA, launched
last month, is an app specically for women looking for friends. Its up and running in New York,
Los Angeles and San Francisco, with plans to expand to other cities in the coming weeks.
Heres the pitch: When it comes to dating for
romantic purposes, you can look in a room and

know instantaneously who you have a connection


with. ... When it comes to friendship, its hard to
look around and see who you have something in
common with, said Hey! VINA co-founder Olivia
June Poole. You cant know who is also going
through a divorce or who is new to town.
On an app, you can know those things, and
know for sure that the person in the picture
wants to meet you, too. Simplifying the process
is what made dating apps such as Tinder so at-

With the Hey! VINA app, youre


encouraged to meet one on one in real
life, laying the foundation for a potential
friendship.

tractive in the rst place. Now, theyve signicantly altered the social landscape of the dating
world. If apps like Hey! VINA take o, they could
do the same for how we nd friends.
Hey! VINA asks you what you like to do (coee
or wine, indoors or outdoors) then matches you
to women with shared interests. Its more like a
dating service than an activity-nding website
such as Meetup.com. Youre encouraged to meet
one on one in real life, laying the foundation for
a potential friendship.
Yes, its probably going to be a little awkward,
like any rst date. But Poole and her co-creator,
Jen Aprahamian, are betting that if you need
friends, youll take a chance.
People are moving more than they ever have
before, Poole said. And even if you stay put,
your friends move away, get married or have children. You need to make sure you have a support
group.

Phones
with 7-day
battey life
in the woks
By JESSICA SHANKLEMAN
Bloomberg

A BRITISH fuel-cell developer that


was rst to put the technology harnessing the power of hydrogen into
Londons distinctive black cab said
it is working on a system that would
allow mobile phone users to charge
just once a week.
Intelligent Energy Holdings said
an emerging smartphone maker will
provide $7.6 million to develop a fuel
cell small enough to be embedded in
mobile phones.
The technology converts hydrogen
into electricity, leaving only water
vapour as a byproduct. Its spreading quickly at a bigger scale to drive
commercial power generators used
by businesses including the furniture retailer Ikea and investment
bank Morgan Stanley to reduce
emissions and ensure electricity supply.
Embedding fuel-cell technology
into portable devices provides a solution to the current dilemma of battery life, Julian Hughes, acting managing director for Intelligent Energys Consumer Electronics division,
said in a statement. With consumers demanding more and more from
their phones, battery innovation has
not kept up.
A fuel-cell powered phone could
be on the market in two years if the
partnership goes to plan, Henri Winland, chief executive of Intelligent
Energy, said in an interview.
The killer app is a battery with a
seven-week refresh life and we think
that will appeal to everyone. Its not
just for intrepid explorers, Winland
said.
Based in Loughborough in central
England, Intelligent Energy has been
researching energy technology for
more than 25 years and has more
than 1,000 patents.
The contract with the unnamed
smartphone maker will allow Intelligent Energy to further develop a
prototype fuel cell phone announced
last year. It says that unit is best suited to people living without access to
a power grid, such as large parts of
Africa.

UKs Intelligent Energy Holdings plans


to develop a tiny fuel cell to be embedded in mobile phones. Picture: File

FEBRUARY 13-19, 2016

The EastAfrican

OUTLOOK: DEVELOPMENT

GENETICALLY MODIFIED CROPS IN KENYA

Govt gives nod to open-air trials of


Bt maize; it could be selling by 2018

Tomato
pest invades
Zanziba
By ADAM IHUCHA
Special Correspondent

Fames will be
allowed to gow
GM maize if the
tials ae succesful
By CHRISTABEL LIGAMI
Special Correspondent

enya moved closer to commercial cultivation of genetically modied crops after the
government approved open-air
eld trials of GM maize, making
it the rst East African country
and the third in Africa to plant
the genetically modied crop.
If the eld trials are successful,
the Bt maize will be approved for
cultivation, and sale on the market in the next two years.
The National Biosafety Authority (NBA) granted a conditional
approval to the Kenya Agricultural and Livestock Research
Organisation (KALRO), the developers of the Bt maize, and the
African Agricultural Technology
Foundation (AATF) for the environmental release only as a rst
step towards the commercialisation of Bt maize.
The authority has granted an
approval only for the eld trials
across the country and collection
of data on the maize variety to
conrm if it matches that of the
conned eld trials before the
crop can be approved for cultivation by farmers, said Willy
Tonui, NBA chief executive.
KALRO and AATF applied for
the environmental release, cultivation and placing on the market
of the Bt maize (MON 810) in
June last year.
Bt maize is among seven crops
that have been under conned
eld trials at the Kenya Agricultural Research Institute
(KARI). The others are Bt cotton, drought-tolerant maize, bio
fortied sorghum, viral resistant
cassava, nutritionally enhanced
cassava and gypsophila paniculata cut owers.
Among the key things KALRO
will have to adhere to before embarking on planting the maize in
the selected sites in the country
is conducting an environmental impact assessment, to be
approved by the National Environment Management Authority (Nema), to ensure it complies
with existing national laws and
policies.
The approval process for environmental release takes 150 days
from the time of application and
costs $8,500.
Eliud Kiplimo Kireger, the director-general of KALRO, said
that apart from its insect resistance, the Bt maize is no dierent
from the conventional maize be-

31

A GM maize
variety at
the Kenya
Agricultural
Research
Institute
Kiboko
station. Only
three African
countries
South Africa,
Burkina Faso
and Sudan
produce
GM crops.
Picture: File

Once the
GM maize
variety is
commercialised,
the battle
against the
stem borer
will be
brought to
a halt.
Eliud Kiplimo
Kireger,
CEO Kenya
Agricultural
and Livestock
Research
Organisation

ing planted by farmers.


Bt maize is an insect resistance maize variety that protects
the crop against stem borers and
other pests, said Dr Kereger.
Once the GM variety is commercialised, the battle against
the stem borer will have been
won, making life easier for farmers who are unable to buy insecticides.
If approval is granted for its
cultivation on farms, maize production is expected to increase
by 13 per cent, an equivalent of
400,000 worth about $80 million.
The Bt maize is owned by the
US company Monsanto and was
rst commercialised in the US
in 1996. It was licensed to the
African Agricultural Technology
Foundation (AATF) on behalf of
the Water Ecient Maize for Africa (WEMA) project, a partnership for maize improvement to
benet resource poor farmers
in Kenya, Uganda, Tanzania and
Mozambique.
To date, only three African countries South Africa,
Burkina Faso and Sudan are
produce GM crops. Four crops
(maize, soya, cotton and conola)
and two traits (insect and herbicide resistance) currently dominate adoption gures.
In East Africa, only Uganda
and Kenya, are carrying out conned eld trials on Bt cotton,
maize and cassava.
Kenya has the National Biotechnology Development Policy

BT CROPS
According to the Water
Efficient Maize for Africa
project, Bt crops can:
Increase grain yield and the
related economic returns,
through better pest control.
Improve grain quality with
lower levels of poisonous
chemical compounds
compared with conventional

2006 while its Biosafety Act was


enacted in 2009.
Uganda has the National Biotechnology and Biosafety Policy
2008 while the Biosafety Bill
2012 is in parliament for consideration. The National Biosafety
Committee under the Uganda
National Council of Science and
Technology handles biosafety issues.
In Tanzania, the National Biotechnology Policy was passed in
2010 while its biosafety regulations were gazetted in 2009.
The laws also govern the importation of GM products into
the country.
Tanzania recently reviewed
its law on genetically modied organisms, paving the way
for scientists in the country to
start carrying out conned trials on crops such as maize and
cassava.
The Tanzanian Division of Environment under the Vice Presi-

maize.
Improved health and safety for
farm workers since it reduces
the need for application of
insecticides, especially for
those using hand sprayers.
Reduced negative
environmental impact due to
a reduction of conventional
insecticides.

dents Oce handles biosafety


matters, some of which are addressed under the Environmental Management Act 2004.
Rwanda and Burundi only
have draft biosafety policies and
bills. Biosafety issues are under
institutions responsible for environment.
The EAC biosafety policy will
be submitted for approval by
the Heads of State Summit in
November, eectively cutting
costs and duplication in testing
and approval of GM substances
among countries in the region.
Once the policy is adopted,
the partner states will develop
common policies, laws and take
measures to ensure that the development, handling, transport,
use, transfer and release of any
GMOs are conducted in a manner that prevents or reduces the
risks to environment, natural resources and human health.

TOMATO GROWERS in Zanzibar are


facing signicant losses due to a major pest invasion, which is reaching
epidemic proportions.
In September last year, an outbreak of tomato leaf miner struck
Kombeni village in Unguja Islands,
urban western district before spreading to the entire Zanzibar archipelago.
Suleiman Juma Machano, the
head of eld services in the Ministry
of Agriculture and Natural Resources in Zanzibar, said harvests of the
Zanzibar archipelagos red gold tomato had decreased by nearly 70 per
cent, due to the pest invasion, thereby creating an acute shortage.
Prices soared from Tsh1,000 ($0.5)
to Tsh4,000 ($2) per kilogramme in
just a month.
The Permanent Secretary in the
Ministry of Agriculture and Natural
Resources Zanzibar, Aan Othman
Maalim, said that the government
was consulting scientists from the
Tanzania mainland to advise on the
best way to control the pest.
This is a new pest in Zanzibar, so
we are consulting experts from the
mainland to see if they can help us,
said Mr Maalim.
The tomato leaf miner, scientically known as tuta absoluta, was
rst sighted at Ngarenanyuki area
in Arumeru district, Arusha Region
in mid 2014, from where it spread to
the Tanzania mainland.
The pest has destroyed 35 acres
of the Morogoro-based Magole farm
a large producer of tomatoes in
the southern highlands of Tanzania.
Assistant farm manager Jones
Murege said that they had lost nearly
1,000 tonnes of tomatoes worth
Tsh700 million ($350,000).
Dr Brigitte Nyambo from African Insect Science for Food and
Health said the pest had spread to
the coastal regions of Tanga and
Morogoro, threatening production of
tomatoes in those areas.
The Tanzania Horticultural Association said that if urgent measures were not taken to get rid of the
pest, the entire tomato crop would
be destroyed, denying the economy
Tsh300 billion ($150 million).

Tanzania stands to lose $150 million


if the tomato leaf miner pest is not
urgently dealt with. Picture: File

32

ADVERTISEMENT

The EastAfrican

FEBRUARY 13-19, 2016

FEBRUARY 13-19, 2016

The EastAfrican

OUTLOOK: DEVELOPMENT

GREAT LAKES CRISIS

Uganda
gets $18m
fo hosting

Rwanda looks for


funds for refugees
The county now hosts ove 147,000
efugees fom DRC and Buundi
By DANIEL S. NTWARI
Special Correspondent

wanda is calling for international support for


Burundian refugees in the
country, at a time when their
number is increasing at a
rate higher than earlier anticipated.
With six ocial camps,
Rwanda is home to Congolese
and Burundian refugees totalling over 147,000, currently
under the UNCHR-Rwanda
programme.
Rwanda has for the past
20 years hosted Congolese
refugees who now total over
74,000. But in fewer than six
months, Rwanda has seen
over 73,000 Burundi asylum
seekers have ooded into the
country.
Rwanda had planned for at
least 50,000 Burundian refugees at the oset of the Burundi conict but says that it will
not block more refugees from
entering the country.
Though the number of Burundian refugees entering
Rwanda has dropped from the
peak of 4,000 per day inApril
2015, Rwanda continues to receive between 50 and 100 Burundian refugees daily.
We received more refugees
than earlier anticipated, but
there are limited resources
currently and the donor community is now focusing on
other refugees, for example
in Syria, said Antoine Ruvebana, Permanent Secretary in
the Ministry for Disaster Management and Refugee Aairs.
The UNHCR Rwanda pro-

gramme now says that the


Burundians will have to wait a
little longer to have their concerns resolved.
The needs of refugees cannot be fully met but we are
committed to addressing the
current pressing concerns. We
will seek to jointly advocate
with One UN for funding for
agencies with mandates in development for national health,
education, livelihoods and other programmes to reduce the
dependency of these refugees
on humanitarian assistance,
said Azam Saber, the UNHCR
country representative.
Since the recent African Union summit ailed to agree on
deployment of troops to Burundi, Rwandan ocials and
the UNCHR are bracing for
another inux of refugees.
We hope that there wont
be another conict that will
cause more refugees to ee to
Rwandan at the rate seen before Mr Ruvebana said.
Last year, Minister of Disaster Preparedness and Refugees Seraphine Mukantabana
conceded that the inux of Burundian refugees was the biggest refugee emergency that
Rwanda had ever faced.
While the duration of stay
in Rwanda of the Burundian
refugees remains uncertain
as the political dialogue at
regional and continental level
continues to stall, the UNCHR
says that active advocacy to
resolve the crisis in Burundi
is ongoing.
UNHCR recently signed
agreements with 11 international local partners for $10.8

33

By HALIMA ABDALLAH
Special Correspondent

ISSUES

The UN Central Emergency Response Fund (CERF) has oered


$18 million to support Ugandas
humanitarian response to refugees and host communities.
This response follows statement by the UNs refugee agency
about the countrys rising humanitarian pressures that require
as much as $243 million in aid
support. The Central Emergency Response Fund pools contributions from the international
community into a single fund to
ensure that money is available to
support urgent relief work at the
onset of emergencies or for crises
that have not attracted sucient
funding.

Rwanda has been host


to 74,000 Congolese
refugees who have
been there for the
past 20 years.
Now, in fewer than
six months, Rwanda
has seen an influx of
over 73,000 Burundi
refugees.
The number of
refugees from Burundi
has dropped from a
peak of 4,000 per
day in April 2015 to
between 50 and 100
daily.
UNHCR recently
signed agreements
with 11 international
local partners for
$10.8 million for the
first phase of 2016
refugee response in
Rwanda.

Refugees line-up for food supplies at Mahama camp.


Picture: David Ntwari

We received more
refugees than
earlier anticipated,
but there are limited
resources currently
and the donor
community is now
focusing on other
refugees, like in
Syria.
Antoine Ruvebana,
Permanent Secretary,
ministry in charge of
Refugee Affairs

million for the rst phase of


the 2016 refugee response in
Rwanda.
Last years contributions
made signicant achievements for refugees in 2015,
including the protection and
multisectoral assistance of
over 74,000 Congolese refugees in ve camps, as well as
the eective and timely response to the Burundi refugee
emergency in Mahama camp.
The funding will make key
contributions to the protection and assistance to Congolese refugees as well as Burundians, but the needs of the lat-

ter remain large ranging from


need for permanent housing,
environmental friendly energy sources (besides rewood),
and more health care facilities
despite intervention of UNHCR partners.
Refugees in Rwanda are
already able to access national
education and health systems,
thanks to the Governments
generous policy of inclusion
in these areas; however this
requires costly capacity building of schools and health clinics in remote areas the UNHCR said.

Criteria
Due to the severe underfunding
of the 2015 Inter-agency South
Sudan Refugee Response Plan as
well as a lack of nancial support
for the inux of refugees from the
Democratic Republic of Congo,
Uganda was one of nine countries
selected to receive funding from
the CERF. The other beneciary countries were Mali, Libya,
Sudan, Ethiopia, Kenya, Burundi,
Tanzania.
In line with Ugandas refugee
response practice, 30 per cent of
the funds will be used to support
host communities, while the remaining 70 per cent will be used
for emergency response to new
arrivals.
The CERF funding will provide
lifesaving assistance in six key
areas: Protection, registration of
new arrivals, child support, prevention and treatment of sexual
and gender-based violence, food
assistance; livelihood activities,
shelter, health and nutrition plus
clean water, adequate sanitation
and hygiene.

UN Fund gives $11m fo humanitaian aid in Tanzania


A SPECIAL CORRESPONDENT
The EastAfrican

THE UNITED Nations has released


$100 million, through the UN Central
Emergency Response Fund (CERF) for
aid operations in nine severely underfunded emergencies.
A statement by the UN oce in Tanzania has said that $11 million of the
$100 million has been allocated to respond to the urgent needs of refugees
eeing Burundi.
More than 126,000 Burundians have
sought refuge in Tanzania since April
2015 as a result of political unrest in
Burundi. With 64,000 DRC refugees
already in the country, Tanzania is now
home to over 193,000 refugees. At the

weekly arrival rate of 1,500 individuals,


it is anticipated that the refugee population may increase to 230,000 by the
end of 2016. This situation poses signicant challenges in providing adequate
assistance and protection to refugees,
said the statement.
Cholera outbreak
CERF will provide humanitarian
assistance to the refugees residing in
Nyarugusu, Nduta and Mtendeli refugee camps in Kigoma Region, in northwestern Tanzania, as well as funding
to host communities in urgent need of
clean water, adequate sanitation, health
care, food and shelter.
Part of the funding will be used to
address the ongoing cholera outbreak

that has severely aected 19 regions in


the country. Refugees will be provided
with protection and essential services.
This CERF allocation will help sustain lifesaving relief in emergencies
where the needs of the most vulnerable
communities are alarmingly high while
the available resources for response remain critically low. said UN Secretary
General Ban Ki-moon in a statement.
UNHCR welcomes the generous
contribution from the CERF, which

comes at a most opportune moment.


The operation faced signicant funding shortfalls in 2015 that aected our
collective response capacity in 2015. We
hope that this is the rst sign of a more
robust funding response in 2016, said
UNHCR representative in Tanzania,
Joyce Mends-Cole.
Since 2006, 125 UN member states
and observers, private-sector donors
and regional governments have supported the Central Emergency Response
Fund. Since then, CERF has allocated
almost $4.2 billion for humanitarian
operations in 94 countries and territories.
The amount of money that CERF has allocated
The biggest contributors to CERF
for humanitarian operations in 94 countries
are the UK, Sweden, Norway, the Nethsince 2006
erlands and Canada.

$4.2b

A refugee camp at
Nyarugusu in Tanzania.
Some of the money will
be used for refugees in
this camp. Picture: File

34

The EastAfrican

OUTLOOK: DEVELOPMENT

FEBRUARY 13-19, 2016

INSECURITY IN THE REGION

Unemployment makes terrorist


groups appealing to Dar youth

per cent in 2011 to 10.3 per cent


in 2014. Youth unemployment is
reported to have decreased from
14.9 per cent in 2006 to 13.7 per
cent in 2014.
But the income gap has been
widening, according to the study.
The economic fairness index, also
known as the GINI cp-ecient
shows income inequality has increased in Tanzanian.
The inequality increased by 14
per cent between 1985 and 2013
when the unfairness measure
jumped from 33 points in 1985 to
37.6 points in 2013. The current
measure is 37.8 points.

Reseach shows
adicalisation is
on the ise among
job seekes
By JASTON BINALA
Special Correspondent

eligious radicalisation is on
the rise in Tanzania, two
studies have revealed.
Separate studies done by the
Tanzanian military and a nongovernmental
organisation
linked the radicalism of youth to
unemployment.
Head of Tanzania Defence Intelligence Maj-Gen Venance Mabeyo said a military assessment
had shown that religious radicalism had risen to stage four the
ghting stage. However, the extremism was not linked to foreign religious militant groups.
Maj-Gen Mabeyo said the military had learned that the youth
joining radical groups in the
country were being enticed with
promises of better wages, adding that the recruiting groups
were exploiting the dicult social-economic challenges, which
many young people in Tanzania
are facing.
In one case in Dar es Salaam,
recruiters picked up a newspaper
vendor and enticed him into joining a jihadis group in exchange
for money.
Radicalised youths are indoctrinated to sacrice even their
own lives to serve a superior
God.
The recruits are further indoctrinated to accept orders from

TERROR THREATS
Somali insurgent group Al
Shabaab has been mounting
attacks in Kenya and Uganda.
The pursuit of money is an
issue that recurs in accounts of
the reasons behind young men
joining militant groups.
Some commentators fear
that parts of Africa have the
potential to become a training
ground for militants who go on
to launch attacks in other parts
of the world
In 2011, security sources
estimated that around 100
British nationals had travelled to
Somalia to fight and Kenya was
known to be the preferred route.

Tanzanian national Rashid Charles, suspected of being one of last years Garissa University
attackers, in a Nairobi court. Picture: File

Radicalised
youths are
indoctrinated
to sacrifice
even their
own lives
to serve a
superior
God.

commanders to destroy anything


perceived to stand in the way of
the superior God.
Maj-Gen Mabeyo said recruitment groups appear to have political motives but use religion only
as a cover up.
A separate research by the British Broadcasting Corporation
conrmed the military ndings.
BBC researchers working under BBC Media Action Project
surveyed the rise of radicalism
in Arusha, Tanga, Dar es Salaam
and Morogoro where religious
radicalism and acts of terrorism
had been reported.
The BBC report indicated that
radicalism was on the rise due
to political and social-economic
problems as well as other griev-

ances. Religion was only used as


a cover for the underlying issues,
the study concluded.
A study published by Kevin B
Goldstein, in 2005 observed that
lack of political freedom is a key
catalyst of terrorism.
Fatma Aloo, a Zinzibari who
identies herself as a socialist, associates the rise of religious radicalism in the country with the
spread of capitalism.
During the former president
Julius Nyereres regime the youth
readily found jobs. They felt cared
for, she said.
The individualistic capitalist
system has changed all that, and
the result is unemployment, she
added.
Where do weapons come

from? She asked. Governments


and terrorist groups are buying
arms from the same source, she
asserted. Tanzanias National Bureau of Statistics says the overall
unemployment rate in the country
decreased marginally from 10.7

First attack
The rst major terror attack
in the country happened in July
1998, when a suicide bomber exploded a homemade bomb at the
US embassy in Dar es Salaam.
The bomb destroyed the embassy,
killing 11 people, leaving 85 others injured. More recent terrorist
attacks and have been witnessed
in Zanzibar, Arusha, Geita, Songea, Morogoro, Dar es Salaam
and the Coast Region.
According to a study by Twaweza a non-governmental organisation 10 per cent of Tanzanians feel the country has become
insecure a result of threats posed
by radicalism.
The Twaweza study found that
88 per cent of Tanzanians were
aware radicalism was on the rise
in the country, but believe the
country is still a safe place to live
in compared with other countries
in the region.
Aidan Eyakuze, Twawezas executive director, said nearly 50
per cent of Tanzanians believe
that police, the military and intelligence services should intensify
crackdown on extremist groups.
Mr Eyakuze said their research
found that over 60 per cent of
Tanzanians felt secure because
of condence in the countrys
security organs. However, Major
General Mabeyo said the solution
to this problem must involve the
general public instead of leaving
it to the military and other security forces.

Povety and adicalisation: Afica needs help


By JEAN-LUC STALON
Special Correspondent

NINE TIMES more people were killed in terrorist attacks in 2015 than in 2010. A third of
those victims died in countries from the Global
South: Iraq, Nigeria, Afghanistan, Pakistan
and Syria.
Boko Haram, which mainly operates in Nigeria, holds the sad title of deadliest terrorist group in the world, having murdered 6,644
people in 2015 alone
The African continent has faced a dramatic
rise in Islamic radicalisation over the past few
decades, contaminating a growing expanse of
territory.
West Africa remains destabilised by Al
Qaida in the Islamic Maghreb (AQIM), Boko
Haram and other groups active in the region.
Al Shabaab continues to impact Somalia and
Kenya, killing thousands, most were killed in
April 2015.

Terrorist attacks are becoming more unpredictable and widespread throughout Africa.
Just within January of 2016, 29 people were
killed in a terrorist attack in Ougadougou,
Burkina Faso in an unprecedented attack, and
Al Shabaab claims to have killed more than 60
Kenyan soldiers.
North Africa is also aected by Islamic radicalism as ISIS continues to perpetrate violence
in the Sinai and is gaining ground in Libya,
repositioning itself in response to the international coalitions intervention in Syria.
The ght against Islamic radicalisation
through force and coercion alone has proven
its limits. The disastrous consequences of the
fall of authoritarian yet secular regimes within
the formerly stable states of Iraq, Syria and
Libya have illustrated these limitations. It is
crucial that the ght against radicalisation of
all forms is accompanied by economic, social
and institutional interventions.
In Mali, the January 2013 French interven-

tion prevented the terrorist group from progressing southward towards the capital, and to
liberate the towns occupied in the north; yet
it did nothing to sustainably eliminate them.
Deadly attacks continue to take place in the
north of the country, preventing reconstruction
and assistance eorts.
History has shown us that military force
alone will not be enough. However, attacking
the root political and socioeconomic causes of
radicalisation; notably through the creation
of jobs, the strengthening of social dialogue,
and the improvement of access to education,
will prevent its spread. Military force alone
will not suce. There are ve main factors of
radicalisation that continue to fuel terrorism in
Africa: A deepening divide between deprived
peoples and corrupt leaders; poverty and unemployment; marginalisation, in particular
among youth; ideology, with a radical discourse rooted in the rejection of the West and
the rhetoric of domination.

Chadian soldiers display weapons recovered


from Boko Haram. Picture: File

FEBRUARY 13-19,, 2016

The EastAfrican

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FEBRUARY 13-19, 2016

NON TARRIF

TRADE

Kenyas new law will ease doing


business. Pg 40

Coee to boost Ugandas foreign


exchange earnings. Pg 41

BUSINESS
39

FEBRUARY 13-19, 2016

POOR FINANCIAL PERFORMANCE


By ALLAN OLINGO
The EastAfrican

oardroom wrangles, company


reorganisation, poor nancial
performance have seen several
management executives exit regional rms, sparking a wave of
recruitment.
Mid-week, Rwandas largest
bank by assets, Bank of Kigali,
picked Diane Karusisi as its new
managing director following the
resignation of James Gatera.
The former managing directors exit, after close to nine years
at the helm, was announced early
in the week by the banks board.
Mr Gatera is tipped to replace
Jack Kayonga, the CEO and chairman of Crystal Ventures the
Rwandan ruling partys investment arm.
Under Mr Gateras stewardship, the Bank of Kigali grew
to become the largest commercial bank in Rwanda by assets.
As of September 2015, the bank
held 31.8 per cent of the market
share, while its total assets stood
at $735.9 million, with its shareholders equity capping at $132.8
million. The banks loan book also recorded a 32 per cent year-onyear growth to $413.4 million. In
2011, the bank became the second
domestic company to be listed on
the Rwandan Stock Exchange.
In Nairobi, three chief executives of Nairobi Securities Exchange-listed rms have quit in
the past two months, with boardroom wrangles claiming an executive of a non-listed rm in the
energy sector.
Falling prots
CfCs ex-chief executive Kitili
Mbathi, who had held the position for eight years, resigned,
only to be appointed the directorgeneral of Kenya Wildlife Service
(KWS) for a three year term. Greg
Brackenridge, the regional chief
executive of CfC Stanbic Bank,
replaced him.
Mr Mbathis exit came at a time
the rm saw its prots fall by 41.6
per cent to $19 million in the year
ended June 2015. The poor performance, the rm said, was due
to a at interest income at $43
million, while its non-interest
income dropped by 32.8 per cent
to $33 million. In its full year results, the rm is facing at possible
losses in its South Sudan subsidiary due to the expected translation losses, after the countrys
central bank devalued its currency by 84 per cent.
Barely a month after announcing a prot warning, gas produc-

TransCentury
struggles not
over yet

Wave of
recruitment
as top bosses
exit regional
corporates

TRANSCENTURY investment
the Rift Valley Railways (RVR)
came back to haunt it a year
after it sold its stake in the
railway rm. The rm posted
a $22.42 million loss in 2014,
blaming its negative book
performance on the exit from
RVR.
Even though TransCentury
through its subsidiary Safari
Rail Company Limited sold
its 34 per cent RVR stake to
Citadel Capital, the company
did not get replacement value
in its books hence recording
a loss.
The rm blamed the loss
on a 36 per cent drop in
revenue from its engineering
division, caused by delays in
some projects and also the
sale of its stake in Rift Valley
Railways. TransCentury sold
its 34 per cent stake in RVR,
which saw it earn 21 per
cent less than its fair value,
booking a $10.4 million loss.
The company reported a
loss of Ksh8.43 ($0.09) per
share in 2014, compared with
earnings of Ksh1.04 ($0.01) in
2013. Revenues also declined
13 per cent, aected by a
delay in projects that have
since commenced this year.

Seveal management
executives exit egional
ms due to poo nancial
pefomance, boadoom
wangles, couption
er BOC Kenya Ltd chief executive
Maria Msiska resigned, and the
rm immediately advertising her
position. It was not clear what
led to her resignation.

REVOLVING DOOR
CfCs ex-chief executive
Kitili Mbathi, who had held
the position for eight years,
resigned, only to be appointed
the director-general of Kenya
Wildlife Service (KWS) for a
three year term.
James Gatera, the former
managing director of the
Bank of Kigali, vacated office
after close to nine years at the
helm. He is tipped to replace
Jack Kayonga, the CEO and
chairman of Crystal Ventures.

Ms Msiskas replacement will


be announced upon appointment by the board. In the meantime, the nance director Arthur
Kamau will assume the position
of acting managing director of
the company, BOC said.
In December, the industrial
gas maker issued a prot warning, projecting that its net earnings for the year ending December 31, 2015 would decrease because of low sales due to high
competition, foreign exchange
losses and a large deferred tax
credit.
In 2014, the rm made a net
prot of $2.29 million. The rm
also said that a large deferred
tax credit, which was cash ow
neutral, was made in the income
statement in 2014 and which will
not recur in 2015.
Prior to her appointment as
the managing director, Ms Msiska was the head of nance for the

Africa oce of BOCs parent rm


Linde Group. She also served as
a non-executive director on the
board of InfraCo, an infrastructure development rm that is
currently working jointly with
Rift Valley Railways on the Nairobi Commuter Service project.
Troubled TransCentury Ltd
saw its chief executive Dr Gachao
Kiuna exit last month, even as
the rm remains in the red, with
an expected debt repayment on
its $80 million denominated
convertible bond that is due for
payment on March 25. In the
half-year ended June last year,
the rm reported a loss of $6.75
million, from a $16 million prot
the year before.
Last week, Kenyas Capital
markets Authority asked TransCentury to give a plan on how
it intends to settle the debt. In
October last year, the company
announced it would fundraise to

renance the loan or restructure


the debt before it became payable.
TransCentury has committed
to communicate what they intend
to do with regards to the treatment of the bond, as well as give
a long-term strategy of the company, in order to allow investors
to make an informed decision,
CMA acting chief executive Paul
Muthaura said.
Board room wrangles and corruption allegations saw Kenyas
state oil rm National Oil Corporation send its chief executive
Sumayya Athmani on compulsory
leave.
Earlier in June 2014, the Ethics and Anti-Corruption Commission recommended that she
be charged with abuse of oce,
making fraudulent payments
and failure to follow the procurement law when importing a diesel cargo back in February 2011.

TransCentury
has
committed to
communicate
what they
intend to
do with
regards to the
treatment of
the bond.
CMA acting chief
executive Paul
Muthaura

40

The EastAfrican

BUSINESS

FEBRUARY 13-19, 2016

Kenyas new Insolvency Act will


boost ease of doing business

ver the past two years,


banks non-performing loan
portfolios have increased
sharply in Kenya. Declining
tourism and agricultural exports
together with higher interest rates have
contributed to a riskier environment for
bank lending. Many bank customers are
therefore feeling the pressure.
The Central Bank of Kenya said that
non-performing loans rose by 30.9 per
cent to Ksh107.1 billion ($1 billion) for
the year ending December 31, 2014, the
highest level in six years.
Although Kenyan banks are generally
protable and well capitalised, the
changing economic circumstances
require even more vigilance to ensure
that they adequately provision for
potentially bad loans.
Recently, the National Treasury
developed a budget policy paper
directing CBK to implement strict
prudential guidelines governing capital
adequacy.
Against this backdrop, Kenyas rst
stand alone Insolvency Act came into
force. The law is part of an overall
strategy by the government to make
Kenya a more attractive place to do
business. When it comes to measuring
ease of doing business as the World
Bank does in its Doing Business report
a countrys legal framework is an
important consideration.
From recovery to rescue
In line with the culture adopted
by many other modern insolvency
regimes, Kenyas reformed legislation
shifts the focus from recovery to
rescue. Previously, insolvency led to
recovery for creditors who commenced
insolvency proceedings often
resulting in the liquidation of assets.
Now, the Insolvency Act provides a
framework to facilitate the rescue of
troubled businesses in the interests of
all stakeholders.
The framework maintains a fair
balance between the interests of
creditors and the interests of the
insolvent company/ borrower. If
the insolvents nancial position is
redeemable, then the Act aims to
enable continued operation, while if
the nancial position is irredeemable,
to provide an orderly system to wind
down their aairs and the ecient and
optimal distribution of their assets to

Last yea,
wold economy
ose and fell
By DANNY HAKIM
New York Times News

A countrys legal framework plays a crucial part in determining ease of doing business. Picture: File

COMMENTARY
GEORGE WERU
and MALVI
CHAVDA

It is part of
an overall
strategy by the
government to
make Kenya a
more attractive
place to do
business.

their creditors.
This change in focus reects a
recognition that rescue leads to a better
overall outcome for all parties involved.
The Insolvency Act aims to achieve
this through the introduction of new
alternatives to liquidation procedures.
Exposure to insolvency
Banks increasingly seek to act in ways
that will facilitate rescue. Their clients
may need options for restructuring
or renancing their loans, in most
cases because they have experienced
signicant changes since they sought
the loan. These changes can be
brought about by external shocks and
circumstances outside of their control.
Insolvency is all about timing and
money. For example, an entity may
borrow to build a factory or expand
production capacity and the loan
carries a longer-term facility. Even if
the entitys business fundamentals are
sound, if it has not made its repayments
for a period of time then the bank
issuing the loan can take action. The
entity may never get to the long-term
loan envisaged in the original business
plan for the project that supported the
banks decision to issue the loan in the
rst place.
In the past, the bank would place
the entity in receivership and the focus
of insolvency was on recovering debt

on the part of creditors. Sale of assets


would commence quite quickly, no
matter what happened to the entity. The
focus of the Insolvency Act is now on
rescue with an administrator appointed
to develop a proposal for preserving the
company as an option in the interest
of all stakeholders, including banks.
among a committee of creditors.
Strict requirements
The Insolvency Act also introduces
strict requirements for insolvency
practitioners. Previously, anyone could
be named a receiver and potentially
take advantage of the existing situation.
However, going forward, insolvency
practitioners must now have the
training and experience to undertake
insolvency often a technical and
complex process.
Kenyas new Insolvency Act provides
a framework for rescue that can help
preserve value for troubled entities and
prevent their problems from worsening.
Financial institutions and other
stakeholders now have a more formal
say in how those troubles are resolved.

George Weru is a senior manager


at PwC Kenya Business Recovery
Services (BRS) practice & Malvi
Chavda is the manager PwC
Zambias BRS practice

Financial makets dont wok as well as we thought


By NOAH SMITH
Bloomberg

ONE OF the big unanswered questions in the


nance world is: Do returns reect risk or mispricing?
Defenders of the ecient markets hypothesis
say that you cant get higher returns without
taking more risk, while behavioural nance
says there are often unexploited anomalies that
will let wise, patient, or deep-pocketed investors beat the market without taking on more
risk.
This debate is relevant to the use of factor
models. These models, which are used to design investment portfolios with specic charac-

teristics, have been one of the most successful


methods to come out of academic nance in
the past 40 years. Most nancial institutions,
and all of the sophisticated ones, now use factor models to measure their risk.
Factor models basically just say that any return that a diversied portfolio earns in excess
of the risk-free rate (the rate on Treasury bills)
should be based on its correlation with a risk
factor.
A new research paper by R David McLean
and Jerey Ponti, forthcoming in the Journal
of Finance, looks at 97 dierent factors that
nance researchers have written papers about.
They nd that after the papers are published,
the excess returns associated with these factors

go down by about 58 per cent!


McLean and Ponti also compare how much
the factors decline after the discovery to how
much they decline after publication in an academic study. What they nd is that although
factors lose about 26 per cent of their strength
after discovery they take another 32 per cent
dive after they appear in academic papers.
This is a dramatic and very important nding. It means, in a nutshell, that markets arent
nearly as ecient as many would like to believe. The paper is a dramatic conrmation of
the predictions of behavioural nance.
However, although McLean and Pontis
paper shifts the debate in favour of the behavioural side, it doesnt resolve it.

DID GLOBAL output rise or fall last year?


It all depends on what currency you use
to keep track. Measured in dollars, global
growth recorded the rst drop since the
end of the nancial crisis late in the past
decade, declining by nearly ve per cent,
from $77.3 trillion to $73.5 trillion. Thats
largely because of the dollars rise, which
makes the output of countries with weaker currencies seem smaller when measured in dollars.
But, if you count in euros, growth
soared by 13.6 per cent.
The International Monetary Funds solution to this problem is to use a formula
involving purchasing power parity (PPP),
which adjusts for the relative value of currencies and their purchasing power. The
IMF has said world output grew 3.1 per
cent last year.
The IMF has defended its methodology
after its numbers were criticised as overly
optimistic. Asked to explain its approach,
a spokeswoman for the IMF referred to a
previous explanation oered by the fund,
which said that the greater stability of
real exchange rates implied by using the
PPP formula means an estimate of global
growth is less aected by short-term
changes in the relative importance of
countries and regions.
The World Bank, which uses a dierent methodology than the IMF, has said
global output grew 2.4 per cent last year.
Some feel that the raw dollar gures
shouldnt be ignored.
Can one imagine what investors would
say if Exxon Mobil announced that everything was ne in the oil industry, as
their revenues were actually up if one
calculated them in euros or rubles? said
Paul Hodges, chairman of International
eChem, a London consulting rm. Most
people believe that the dollar value of global GDP is a critically important indicator
of the health of the global economy.
Diane Coyle, an economics professor
at the University of Manchester and the
author of a book called GDP: A Brief but
Aectionate History, said the GDP performance in dollars was essentially symbolic but could also have psychological
consequences.
She cited the recent example of how
Nigeria became Africas largest economy simply by changing how it calculates
gross domestic product, leading to a
change in perception for both Nigeria and
the country it supplanted, South Africa.

Measuring if global output rose or fell depends on the currency used. Picture: File

FEBRUARY 13-19, 2016

The EastAfrican

BUSINESS

41

INCREASED PRODUCTION

Coffee to boost Ugandas foreign


exchange revenue this year

500,000 smallholder coee farms,


each covering less than 2.4 acres.
At least 1.7 million households depend on the coee production as
their main source of income.
According to Mr Nkandu,
Uganda has the potential to produce more coee provided that
factors like weather remain predictable.
We need to come up with solutions to the unpredictable weather such as applying irrigation systems at all times, he said.
In Uganda, the Coee Wilt Disease (CWD) and the Red Blister
Disease have hit the crop and
seen production go down. CWD,
a fungal infection, wiped out
more than 12 million Robusta
coee trees, the mostly grown variety in the central and western
regions, towards the end of the
20th century.

The county
expects to havest
a ecod 4.8
million bags
By DOROTHY NAKAWEESI
Special Correspondent

gandas ranking among the


worlds top coee producers is
expected to improve as the country prepares to produce a record
4.8 million bags this year.
According to a report by the International Coee Organisation
(ICO), the 27 per cent increase
in production is attributed to
increased acreage of land under
coee bushes.
Uganda Coee Development
Authority (UCDA) executive director Henry Ngabirano told The
EastAfrican that the countrys
coee output jumped from last
years 3.7 million bags to 4.8 million bags this year.
UCDAs director of strategy
and business development Norman Basobokwe Mutekanga
noted that in the past ve years,
there has been an increase in coffee plantation covering at least
239,175 hectares of land.
Experts said the increased production is a boost to the countrys
leading forex exchange earner.
Coee production had declined
to just over two million bags in
the past ve years.
Experts observed that coee
sector is expected to become competitive and attractive globally,
especially at time when the prices are falling. Global prices have
been falling since the beginning
of January last year. The average
composite grade stood at 140 US
cents, and by December 2015, had
dropped to 114 US cents.

TOP 10 COFFEE PRODUCERS IN


THE WORLD (TONNES)

Ugandas coee production is expected to increase to 4.8 million bags


this year. Picture: Morgan Mbabazi

Source: Worldatlas

Uganda is one of the worlds major Robusta


producers. Some Arabica is also grown in different
highland areas of the country, most notably on the
slopes of Mount Elgon on the border with Kenya,
and on the slopes of Mount Rwenzori.

Increased volumes will mitigate the falling


prices on the global market.
Joseph Nkandu, executive director of National Union
of Coffee Agribusinesses and Farm Enterprises

Increased volumes will mitigate the falling prices on the global market, said Joseph Nkandu,
the executive director of National
Union of Coee Agribusinesses
and Farm Enterprises (Nucafe).
Uganda is Africas leading exporter and second biggest producer of coee after Ethiopia.
Ethiopias coee is mainly consumed locally.
Uganda has seen its production
average 3.3 million bags in the
past 20 years, with the highest
production being 4.2 million bags
in 1996/7.
If the 4.8 million bags is produced this year, Uganda will
move up one or two places among
the worlds top 10 producers.
In 2015, Brazil led the pack at
2.7 million tonnes, followed by

Vietnam at 1.6 million tonnes, Colombia at 750,000 tonnes, Indonesia at 540,000 tonnes, Ethiopia at
397,500 tonnes, India at 344,760
tonnes, Honduras at 279,000
tonnes, Mexico at 240,000 tonnes,
Uganda at 240,000 tonnes and
Guatemala at 210,000 tonnes.
The projected increased production will enable Ugandan
farmers to realise increased incomes as the price for the new
output is projected at $2 per kilogramme. This means each 60kg
bag will fetch $120, and the countrys projected earnings will be at
about $576 million, up from $444
million earned in last year.
Coee production constitutes
20 per cent of the Ugandan national export revenues.
Uganda has approximately

Disease resistant
As a result of this, the National
Agricultural Research Organisation has been developing diseaseresistant varieties.
Pests and disease control
in the coee growing areas is
the crucial factor once this is
achieved, we shall see more coffee on the market, Mr Nkandu
added.
He further attributed increased
coee production to the knowledge farmers have acquired over
time on how to take care of their
crop right from the farm, harvesting and exporting directly to the
markets.
Global production this year
is estimated to be 143.4 million
bags. This will represent a recovery of 1.4 per cent compared
with last year, which was revised
downwards to 141.4 million bags.
Total production of Arabica
is relatively unchanged at 84.3
million bags compared with 84.4
million last year, as lower production of Brazilian naturals is
matched by increases in Colombian milds and other milds, the
ICO report notes.
ICO expects a signicant increase of 3.7 per cent in Robustas,
with both Vietnam and Indonesia
provisionally estimated to produce 27.5 million bags, up from
26.5 million bags in 2014/15.

TadeMak channels $2.5m to pivate secto


By DICTA ASIIMWE
Special Correspondent

TRADEMARK EAST Africa has launched six


grants worth $2.5 million to fund the private
sector.
In the past, TMEA focused mostly on funding government reforms, but now, deserving
players in the private sector will also receive
money to invest in storage infrastructure, provision of extension services to farmers, co-operatives, standardisation of products and linking producers with markets.
For instance, in Ugandas Gulu area, where
there is mass production of sesame, cassava
and maize, a logistics hub with warehouses
will be constructed, while the Jinja-Kisumu
Corridor will also benet from a logistics hub
to develop transport interconnection of the
ferry, railway and road transport services.

TMEA will also facilitate the establishment


of infrastructure to support shing in Lake
Victoria.
These eorts are meant to improve the private sectors capacity to utilise TMEAs investment in infrastructure development over the
past six years during which the organisation
gave governments in East Africa $340 million
to remove trade barriers.
Cost of doing business
Allen Asiimwe, TMEA country manager for
Uganda, said that through the investments,
EAC partner states have managed to reduce
the cost of doing business, there are concerns
over the high cost of consumer goods.
According to Ms Asiimwe, TMEAs interventions have reduced the cost of transporting a
fuel container from Mombasa to Kampala from
$4,000 to $1,750, but this has not resulted in

lower pump prices.


Fuel traders blame the depreciating shilling
and ination for the failure to reduce price,
said Ms Asiimwe.
TMEA business competitiveness senior director Lisa Karanja said there are more grants
in the ong for the private sector to boost production.
Private Sector Foundation of Uganda executive director Gideon Badagawa noted that for
Uganda to increase exports, players in dierent sectors must improve their productivity.
Competitiveness is about the volumes you
bring. That is why South African eggs, tomatoes and oranges are beating Ugandan and
other regional produce out of the market, said
Mr Badagawa.
Equally, China exports tilapia to East Africa that sells at lower prices than the locally
sourced sh.

Warehouses will be built to address the shortage of storage facilities. Picture: File

42

The EastAfrican

BUSINESS

FEBRUARY 13-19, 2016

Aficas
phone uses
each 700m

SOCIAL MEDIA

Twitter faces pressure


as user growth slows
Its monthly visitos in the fouth
quate totalled 320 million exactly
the same as the pevious quate
By MIKE ISAAC
New York Times

hen Jack Dorsey returned


last
year
as
chief
executive of Twitter, the social
media company he co-founded,
he had a mandate: Right a
sinking ship.
Since then, Dorsey, 39, has
laid o employees and deepsixed an expansion of the
companys headquarters in San
Francisco. He has appointed
new executives and shaken up
the companys board.
But, change is not coming
fast enough.
Last week, after many
quarters of slowing user growth,
Twitter said its monthly visitors
in the fourth quarter totalled
320 million exactly the same
as the company reported in
the previous quarter. While
the number was up nine per
cent from a year ago, when
monthly active users stood at
288 million, the gures showed
that Dorseys recent moves have
made little impact in attracting
users.
Excluding Twitters followers
who use a text-only version
of the service, the company
reported monthly users of 305
million at the end of the fourth
quarter, down from 307 million
in the previous quarter. Twitter
emphasised that the numbers
were now on the rise; monthly
visitors as of the end of January
returned to the same levels as in
late September.
The problem, Twitter said, is
that in many ways its service

is still not intuitive to use,


and it comes with quirks that
newcomers nd dicult to
grasp.
We think theres a lot of
opportunity to x the broken
windows and confusing aspects
of our product, Dorsey said in
a conference call with investors.
He also emphasised the realtime nature of the service
as the feature the company
is most focused on building
upon. Twitter is live: Live
commentary, live conversations,
live connections, he said.
The results were released at a
tricky time for the nine-year-old
company, which has struggled
to convince investors that it
can live up to its goal of being
able to reach every person on
the planet. As user growth
has decelerated, the pressure
for Twitter to show that it can
appeal to the public at large has
been intensied by the spectre
of Facebook which, with 1.59
billion users, is ve times the
size of Twitter.
Shares of Twitter have been
pummelled in the past year,
dropping around 67 per cent.
The stock dropped in afterhours trading last week.
The
user
gures
overshadowed
otherwise
positive fourth-quarter earnings
results.
Twitter
reported
revenue of $710 million, up 48
per cent from $479 million a
year ago. Net loss narrowed
to $90.2 million, or 13 cents
a share, from a loss of $125
million, or 20 cents a share, in
the same quarter last year.

By CHRISTABEL LIGAMI
Special Correspondent

OVERSHADOWED
As user growth has
decelerated, the
pressure for Twitter
to show that it can
appeal to the public
at large has been
intensified by the
spectre of Facebook
which, with 1.59
billion users, is five
times the size of
Twitter.
The user figures
overshadowed
otherwise positive
fourth-quarter
earnings results.
All the work to
attract new users is
not cheap. Twitters
expenses soared in
the fourth quarter to
$591 million, up 52
per cent from a year
earlier.

We think theres a
lot of opportunity
to fix the broken
windows and
confusing aspects
of our product.
Jack Dorsey, chief
executive of Twitter

The companys Twitter page. The social media site is struggling to


attract new users. Picture: File

The numbers were better


than
analysts
estimates
of roughly $709 million in
revenue and a loss of 17 cents
a share.
But, Twitters outlook was
lower than projected by Wall
Street. The company estimated
revenue of $595 million to $610
million in the current quarter,
compared with Wall Street
expectations of $628 million.
Excluding
common
business expenses like stock
compensation,
taxes
and
depreciation a measure
called adjusted Ebitda that the
company prefers to highlight
Twitter reported a prot of
$191 million compared with
$141 million a year ago.
In recent weeks, Twitter has
taken steps to show it is willing
to make sweeping changes to
its product. Dorsey said some
of the companys recent moves
to attract users were paying
o, pointing to Moments, a

human-curated approach to
highlighting activity on Twitter
that was introduced last year.
Dorsey said early eorts with
Moments were promising,
though the company had work
to do to rene the experience.
He also underscored the
importance
of
Periscope,
the companys live video
app acquired last year, as an
important component of its
strategy.
All the work to attract new
users is not cheap. Twitters
expenses soared in the fourth
quarter to $591 million, up 52
per cent from a year earlier.
Can they build out an ad
business for people who see
tweets in the wild? asked
Debra Aho Williamson, an
Internet analyst, Can they use
their data to create a strong ad
network and deliver relevant
advertising outside of Twitter?
All of that is still in the
works, she said.

MOBILE PHONE subscriptions


are now almost eight times higher
in Africa than in 2000, reaching
about 700 million.
According to a report by the
International Telecommunication Union (ITU), mobile technology has played a crucial role in
promoting nancial inclusion in
sub-SaharanAfrica, where less
than 20 per cent of households
have access to formal nancial
services.
The liberalisation of the communications sector in many African countries has also enabled
leading global telecom providers to expand their brands and
compete for market share. Their
strategies have included partnering with smaller manufacturers
to develop more aordable mobile
devices.
Mobile phone banking services
are especially prevalent in Kenya,
with penetration rates also relatively high in Uganda and Tanzania. The other countries with
high mobile money account penetration rates are the Ivory Coast,
Zimbabwe, Botswana, Rwanda
and South Africa.
Regulatory reforms and liberalisation have also beneted local
mobile operators, with countries
such as Ghana, Nigeria and Tanzania having more than ve local
operators.
Growing competition for the
mobile market has also led to
a drop in the price of handsets
some smartphones retail for
as little as $25 and the cost of
broadband connections.
The report said sub-Sahara Africas greatest development challenge is to move from an economic growth path based on commodity exports to a more sustainable
industrial and services path. The
mobile technology revolution can
support and underpin this economic diversication.

Rwanda on cybe alet as Anonymous theatens attack


By IVAN R MUGISHA
The EastAfrican

Anonymous hacks into


government, corporate
websites, globally. Pic: File

RWANDA IS conducting a detailed analysis and investigation aimed at tightening its cyber-security, after Internet activists Anonymous threatened to attack
government websites to expose increasing corruption.
The director of ICT at the Ministry of
Youth and ICT, Didier Nkurikiyinfura,
said the investigation is a regular procedure and not a reaction to the Anonymous hacking threats.
However, Anonymous breached the
security of Broadband Systems Corporation (BSC) a private company that
provides the government with video

conferencing technology and dumped


its private data on the Internet for all
to see.
The data included detailed contacts of
employees of BSC, e-mail exchanges and
encrypted passwords.
Anonymous, which previously focused
on hacking countries outside Africa,
has for the rst time turned its attention to the continent. The group has put
Rwanda in the top position on its target
list, followed by Uganda, South Africa,
Zimbabwe, Tanzania, Sudan, South Sudan and Ethiopia.
The group believes these countries
are implicated in institutional corruption and widespread child labour, according to a statement on its website.

Anonymous is described as a leaderless organisation comprising activists


and hackers who have conducted highprole security breaches on websites of
governments, corporates and religious
organisations globally.
A team is analysing and investigating the incident. But, we are not doing
this for Anonymous, we are not reacting. Ensuring cyber security is part of
normal government procedure to ensure
that our services are safe and secure,
said Mr Nkurikiyinfura.
He said that no government services
had been hacked, nor was any sensitive
or harmful data disclosed.
We have systems in place to ensure
that government services are safe and

secure and regular cyber-security audits are conducted to serve that cause,
he added.
Rwanda adopted the national cyber
security policy last year to safeguard
government information and infrastructure against cyber-attacks.
The government intends to create an
agency to co-ordinate cyber security
initiatives, which will overcome inconsistencies and duplication of eorts between government agencies.
Rwanda has also implemented initiatives such as the Internet Security
Centre to monitor Internet security, and
the National Public Key Infrastructure,
which ensures condentiality and authenticity of electronic transactions.

FEBRUARY 13-19, 2016

The EastAfrican

By KENNEDY SENELWA
Special Correspondent

All buildings in Kampala will be listed to ease revenue collection. Picture: File

Kampala City overhauling


register to plug revenue leak
New popety database will ensue all
popety ownes pay ates and tax
The EastAfrican

ampala Capital City Authority


has embarked on an overhaul of
its property register in an eort to
increase revenues from property rates
and levy higher fees on less compliant
developers. The database will also be
a useful reference tool for other local
authorities seeking to revise property
tax rules.
The project involves installation
of an electronic property database,
remapping of various commercial
zones, recruitment of surveyors,
maintenance of data collection devices
and other eld related expenses. It
began last month and will be completed
after two years at an estimated cost of
Ush8 billion ($2.3 million).
The city property register is projected
to expand to 250,000 properties after
the overhaul exercise. The growth
is expected to translate into overall
property revenues worth Ush65 billion
($18.7 million) per year compared with
current collections of Ush25 billion
($7.2 million) per annum
Under the existing commercial
laws, local governments are required
to review property registers every ve
years. The last city property survey
was carried out in 2009, KCCA sources

We shall apply rental values in


computation of property rates
and not market value.
Sam Serunkuuma, KCCAs director for
revenue services

43

Ealy oil poduction


awaits oad upgade

SEALING LOOPHOLES

By BERNARD BUSUULWA

BUSINESS

said. While commercial buildings are


eligible for inclusion in the property
register, the law exempts unoccupied
commercial structures and premises
used by property owners for residential
purposes.
Plans to amend the property rates
law could result in limited use of
residential properties by their owners,
with the latter restricted to a single
recognised home address instead of
several residences allowed under the
current legal regime. This is expected
to minimise revenue losses tied to
undocumented commercial properties.
Rental values of existing commercial
buildings will be updated while new
premises will be added to the City
property register during the overhaul
exercise.
Regular changes in rental prices
of several commercial buildings
experienced in the past have led to
increased bills for many tenants but
these adjustments are yet to feed into
property rates assessments, a factor
that has led to indirect revenue losses
for the City authorities, experts claim.
For instance, rental charges at prime
oce buildings such as Workers House
gradually rose to an average of $24 per
square metre by end of 2014 though
they declined sharply last year due to
low demand for oce space caused
by a surging dollar and diminished
activity in the oil and gas industry.
New commercial buildings, including
Rwenzori Towers, Umoja House, UAP
Nakawa Business Park, DFCU Towers,
Acacia Mall and Bugolobi Village
Mall alongside several downtown
shopping malls have been constructed
in Kampala since 2009, but these are
yet to be captured on KCCAs property
register, thereby creating huge revenue

PAYMENTS
Calculation of local property taxes is based on the
rental value per square metre of commercial space,
number of square metres available, deduction of a
15 per cent statutory allowance and application of
an official assessment rate selected by a relevant
local authority.
The Central Division, host of the Central Business
District, accounts for nearly 50 per cent of KCCAs
property revenues.

losses.
We shall apply rental values in
computation of property rates and not
market value because the former yields
a lower cost for property owners. This
assessment method also boosts growth
of property taxes as the economy picks
up and the construction sector gathers
momentum, said Sam Serunkuuma,
KCCAs director for revenue services.
The ocial assessment rate will also
remain at six per cent, while the survey
zones will be divided into (A) and (B)
to distinguish between uptown and
downtown properties and to establish
fair benchmark rental values, Mr
Serunkuuma added.
The current KCCA property register
contains roughly 127,035 commercial
properties but only 60,000 properties
are remitting property rates largely
because of several exemptions granted
for residential purposes and some
unoccupied premises gazetted by the
City Authority, sources said.
Property taxes account for 30 per
cent of KCCAs total revenues, this
gure is projected to increase to 50
per cent following review of the Citys
property register.
The assessment rates for property
taxes lie between six and 12 per cent
according to the existing law, with
local authorities free to choose their
preferred rate in the above range.

THE UPGRADE of the 213


kilometres road from Lokichar to Kitale in northwestern Kenya is crucial to early
crude oil production to start
in mid 2017.
A condential document
seen by The EastAfrican
puts estimated cost of rehabilitation of the road at between $40 million and $50
million.
Tullow Oil Plc jointly with
Africa Oil Corporation have
from 2012 discovered 600
million barrels of crude oil
in the South Lokichar basin,
which straddles exploration blocks 10 BB and 13T in
northwestern Kenya.
The report says that the
rehabilitation of the road
will allow trucks to transport oil in the early production phase from Lokichar
to Eldoret and could be
completed within 12 to 18
months.
Studies estimate minimal rehabilitation between
Kitale and Lokichar will allow the road to support the
transportation of early oil
up to 20,000 barrels per day
for a period of three to ve
years, reads the condential document.
The oil will be transported in special tanks
from South Lokichar to be
loaded on rail wagons for an
826km journey to the Mombasa seaport.
Storage tanks
Projections show 20,000
barrels per day (bbl/d) will
require 175 tanktainers (approximately 12,000 barrels
in transit and storage) and
40,000 bbl/d will need 350
tanktainers (about 24,000
barrels in transit and storage).
Crude will be stored at
Kenya Petroleum Reneries Ltd in Mombasa; when
stock reach 80,000 tonnes,

it will be pumped to Kipevu


Oil Terminal and loaded in
sea tanks for export. Global
acceptable crude oil loss is
0.03 per cent of volume fully
loaded.
The Kenya Early Oil Production Report presented
to President Uhuru Kenya
last month by Ministry of
Energy and stakeholders
shifts crude output to mid
2017 from the initial target
of September this year.
The changes factor in
enabling infrastructure
like the A1 road from Kitale
through Lokichar to South
Sudan, environmental approvals, commercial framework, crucial community
and Turkana County government consent.
An environmental social
impact assessment on oil
production will be undertaken for approval by the
National Environmental
Management Authority parallel to land acquisition.
The process of obtaining
initial rental of land from
Turkana County could take
six months and the duration
of compulsory acquisition
of land through National
Lands Commission is 12 to
18 months.
Others factors are land
use change at RVR Eldoret
yard now used as sports
eld by Moi University students and clearance of
the Mombasa loading pipeline right of way, which has
already been encroached
on, leading KPRL to obtain
court order.
Issues to be addressed
prior to oil production are
disposal of waste sludge
generated during steam
cleaning of tankers in
Mombasa and workforce accommodation with welfare
facilities at Lokichar and
Eldoret.
Two wells in Amosing
eld and three wells in Ngamia eld are set to be used
initially.

An oil rig at Ngamia 1 in Kenyas Turkana County. The government wants production to begin next year. Picture: File

44

The EastAfrican

BUSINESS

FEBRUARY 13-19, 2016

MERGER OF ECONOMIC BLOCS

East African countries could lose


out on TFTA benets from June
Cheape poducts
fom Southen
Afica likely to
ood EA maket
By CHRISTABEL LIGAMI
Special Correspondent

he East African region is likely


to face sti competition from
Southern Africa countries after
members of three trade blocs that
merged last year agreed to disregard sensitive products in order
to ensure fair competition.
The 26-member states forming
the Tripartite Free Trade Area
have agreed that 80 per cent of
tari lines will be liberalised upon implementation of the agreement in June and the remaining
20 per cent will be negotiated
over ve to eight years.
TFTA brings together members
of the East African Community,
the Common Market for Southern and Eastern Africa and the
South Africa Development Community.
This is a reversal of the earlier agreement of having restrictions on the entry of the sensitive
goods until 2017 to allow industries to adjust to the competition
expected from cheaper products.
This eectively opens the door for
sti competition for EAC goods
from South Africa and Egyptian
exports.
Among the products earlier
listed for protection were sugar,
maize, cement, wheat, rice, textiles, milk and cream, meslin
grain and our, cane and beet
sugar, khangas, kikois, kitenges,
secondhand clothes, beverages,
spirits, plastics, electronic equipment and paper materials. All
these will be subject to duty and
quota restrictions.
With an agreement to liberal-

MEMBER STATES
Workers ooad imported products at the Mombasa port. Picture: File

For EAC
countries,
sensitive
goods like
sugar, maize,
cement
will not be
liberalised
although
they will not
be treated
as sensitive
goods as
before.
Mark Ogot

ise up to 80 per cent of the goods


to other countries, each country or trading bloc like EAC will
agree on what goods to liberalise
and which ones not to, said Mark
Ogot, senior assistant director at
Kenyas Ministry of East African
Aairs, Commerce and Tourism
and a tripartite expert, adding
that the goods that will not be
liberalised will be imported into
the countries under strict quota
and duty provisions.
For EAC countries, sensitive
goods like sugar, maize, cement
will not be liberalised although
they will not be treated as sensitive goods as before. The other
TFTA countries will also provide
a list of their goods that will not
be liberalised.
According to Vimal Shah,
chairman of the Kenya Private
Sector Alliance, the main challenge will ocurr when countries

repackage goods like sugar, electronic equipment and paper from


other countries, and export them
into the region as their own goods
when they do not meet the rules
of origin threshold. The goods are
then sold at a cheaper price at the
expense of locally manufactured
goods.
Liberalisation of trade in all
the goods in the FTA agreement is
necessary and unavoidable since
duty and quota-free movement
of goods is always a key aspect of
any FTA, said Mr Shah.
It is important to have a competition policy in the TFTA for
fair competition that is mutually
benecial to business. EAC partner states have a competition policy but implementation has been
slow due to limited awareness of
its importance.
The real advantages should be
broader, including an improved

A total of 16 countries,
including all the five East
African partner states have
signed the TFTA agreement.
It is expected that once the
Tripartite FTA is implemented,
it will form the building block
for the continent-wide free
trade agreement, known as the
Continental FTA.
Southern African countries,
however, are yet to agree on
the general exceptions to trade
in gold, silver, precious stones
and strategic metals.

business environment, more foreign direct investment, enhanced


economic development in general,
and, most importantly, bringing
impetus to the realisation of the
continental free trade area, said
Mr Shah.
The TFTA aims to liberalise
100 per cent of tari lines, taking
into account the usual general,

specic and security exceptions. s


and subject to reciprocity.
At the time of the TFTA launch,
not all tripartite countries had
nalised their tari oers. The
Third Tripartite Council of Ministers meeting held in Sharm-elSheikh in Egypt has given countries until June this year to nalise their oers.
The World Trade Organisation
does not have any policies on
competition. However, through
its principles of non-discrimination, monopoly, national treatment and others as enshrined in
the multilateral agreements on
trade, competition is indirectly
covered.
So far, EAC partner states have
agreed to liberalise 63 per cent
of their tari lines to the other
TFTA partners and 37 per cent
of tari lines are to be liberalised
and further negotiated.
On rules of origin, members
have agreed that where rules
are common (including wholly
originating), 35 per cent ex-works
costs (distribution and logistics)
should be retained as an interim
option. If enacted, such a move
would mean that products on
which the value-added criterion
of 35 per cent ex-works cost applies could gain duty-free regional market access.
The agreement is also on
product- specic rules of origin,
noted Mr Ogot.
Rules of origin clarify which
goods are considered to have
originated in a given state;
whether they have been wholly
produced in that state, or whether a process of substantial transformation of materials, imported
from outside that state, has been
undertaken.
Although the provisions of
the tripartite agreement favour
a single value-added rule as in
the EAC and Comesa regional
agreements, negotiations are now
moving from a percentage-based
approach towards a product-specic approach, which will involve
dening specic rules for numerous product categories.
However the TFTA members
are yet to agree on trade remedies and dispute settlement.
TFTA Agreement provides for
the application of anti-dumping
measures.

Da in plan to pump $30m into Geneal Tye EA


By ADAM IHUCHA
Special Correspondent

TANZANIA WILL invest $30 million dollars


to revive the Arusha-based General Tyre East
Africa.
Minister for Industry, Commerce and
Investment Charles Mwijage said the government will pump the funds through the
state-run- National Development Corporation
(NDC) to revive the plant to an initial capacity to produce 320,000 tyres a year, mainly for
heavy duty vehicles.
The plan is to hire some 300 people to start
with and produce approximately 320,000 tyres
annually as operations start, Mr Mwijage

said.
He said the funds will be allocated in the
next nancial year to overhaul the outdated
machines.
This means the state is set to run the factory itself as part of national plans to guarantee development of industries.
In 2013, Tanzania announced that it would
inject $20 million into the factory, but that
plan was shelved due to a contractual obligation between the government and Continental
AG, the rm mandated to run General Tyre
East Africa.
In August last year, the state regained ownership of General Tyre East Africa after it
purchased 26 shares owned by the Germany-

based Company at a price of $1 million.


Chief Secretary Ombeni Sefue said after
purchasing the shares, the government now
owns the rm 100 per cent, paving the way
for the resumption of tyre production at full
capacity.
The business blueprint entails an all-inclusive survey of the
tyres market in the
East African region,
identication of
key employees who
The amount the
worked until the
government in 2013
announced it will inject in closure of the plant
in 2009 to produce
the company
high quality tyres

$20m

and revival the rubber plantations in Muheza,


Tanga, Kilombero, Morogoro and Zanzibar.
The revival of General Tyre would oer a
quick x, not only for the country, but also for
East Africa in general, which imports the bulk
of its tyres from China, Japan, India and Dubai. The cheap imports have been blamed for
the increase in road accidents.
Police reports blame most of these road accidents on reckless driving and tyre bursts.
Chinese tyres are gaining popularity in several African markets. Many African countries
prefer to import low-priced Chinese tyres rather than the expensive European and American
brands. As a result, China has emerged as a
leading exporter of tyres to African countries.

FEBRUARY 13-19, 2016

The EastAfrican

BUSINESS: MANAGER

45

Dos and donts fo manages when


hiing fo emotional intelligence

eople who understand and


manage their own and others emotions make better
leaders.
Theyre able to deal with stress,
overcome obstacles and inspire others to work toward collective goals.
They manage conict with less fallout and build stronger teams. And
theyre generally happier at work,
too.
But, far too many managers
lack basic self-awareness and social skills. They dont recognise the
impact of their own feelings and
moods. Theyre less adaptable than
they need to be. And they dont
demonstrate basic empathy for others: They dont understand peoples
needs, which means theyre unable
to meet those needs.
One reason we see too little emotional intelligence in the workplace
is that we dont hire for it. We hire
for pedigree. We look for where
someone went to school, test scores,
technical skills and certications,
not whether they build great teams
or get along with others. And we hire
for intellect.
But we also need people who can
deal with change, understand and
motivate others, and manage positive as well as negative emotions to
create an environment where people
can be at their best. The problem is
that we struggle to assess emotional
intelligence when hiring, even when
we spend a fortune on personality
tests and search rms. But you can
indeed hire for emotional intelligence and it doesnt have to be

COMMENTARY
ANNIE MCKEE

too costly. Start with these dos and


donts.

Dont:

1.

Use personality tests as a proxy


for emotional intelligence. Most
of these tests attempt to measure
what they say they do: Personality.
They dont measure specic aspects
of emotional intelligence such as
self-awareness, positive outlook,
achievement orientation, empathy
or inspirational leadership.

2.

Use a self-report test. There are


two reasons these dont work.
First, if a person is not self-aware,
how can they possibly assess their
own emotional intelligence? And if
they are self-aware, and know what
theyre missing, are they really going to tell the truth when trying to
get a job?

One reason we see too little


emotional intelligence in the
work place is that we dont
hire for it.
Annie McKee

3.

Use a 360-degree feedback instrument, even if it measures


emotional intelligence competencies (as the Emotional and Social
Competency Inventory does). A tool
like 360-degree feedback ought to
be used for development, not evaluation. When these instruments are
used to evaluate, people game them
by carefully selecting the respondents.

Do:

1.

Get references and talk to them.


Letters of reference simply arent
enough for you to understand your
candidates emotional intelligence.
When you talk with a reference,
you can ask specic and pointed
questions about how the candidate
demonstrated various emotional intelligence competencies. Get lots of
examples, with lots of detail. Specically, ask for examples of how your
candidate treats other people.

2.

Interview for emotional intelligence. This sounds easy and


many people think theyre already
doing so. But we arent, much of the
time. Thats because we allow people
to be vague in their responses and
we fail to ask good follow-up questions. Even when we ask candidates
directly about emotional intelligence
or emotional intelligence-related
competencies, they talk about an
idealised notion of themselves rather than how they really behave. To
overcome this obstacle, you can use
behavioural event interviewing.

People who know how to handle their own emotions and those of others make better employees. Picture: File

Behavioural event interviewing is


a powerful way to learn about peoples competencies and to see how
they demonstrate those competencies on the job.
Heres what you do:
Start the interview by making the
candidate as comfortable as possible. The goal here is to make the
interview feel conversational, informal and warm. This tone will help to
ensure that you get the truth. Then,
ask a couple of traditional questions
about the persons background and
experience.
Now youre ready to start the behavioural event portion of the interview. Ask the person to think about a
recent situation at work that included a dicult challenge that she and
others had to solve. Encourage your
candidate to pick a situation where
shes the protagonist. And, ask her
to choose a situation that was ultimately successful one that made
her feel proud. Encourage her to tell
the story briey at rst. Then, go
over the entire story, asking specic
questions about what she thought,
felt and did throughout.
Now, ask for a story about an unsuccessful situation, one that felt
like a failure and that your candidate learned something from. Again,
ask for a brief overview and then get
the details.
Finally, you want to leave your
candidate feeling good about you
and the interview so seek yet another positive, successful story.
This interview technique allows
you to ask for and hear details about
how the candidate thinks in situations that involve stress, challenges
and other people. You also get information about how they felt during the situation. At the very least,
this tells you if the person is aware
of his feelings. Youre also likely to
hear how the person managed these
feelings, and the extent to which she
was aware of her impact on others
(all of which adds up to emotional
intelligence).
Behavioural event interviewing
isnt magic, and it takes practice
to get enough detail in each story.
Dont worry about asking the person
to go back over portions of the story.
Rather, try to get them to tell you the
story from a couple of vantage points
what she thought, what she felt,
and then what she actually did. Take
your time: This isnt the kind of interview you can do in half an hour.
But, the time is well spent.
If youre able to see your candidates emotional intelligence in action, youll make a better hire. Or
youll pass. Either way youre doing
yourself and your organisation a big
favour.

Annie McKee is a senior fellow at


the University of Pennsylvania,
director of the PennCLO executive
doctoral programme and the
founder of the Teleos Leadership
Institute

Many people in the innovation business


have a wrong understanding of clichs
and their use. Picture: File

Talk about
innovation
without
using clichs
By KEN GORDON
CLICHS ARENT born as clichs.
They come into the world as poetry,
a new way of talking and thinking
and seeing. The rst person to say
kick the bucket to mean die was
onto something big.
Then a few people adopt the term.
For a brief while, using it becomes an
exercise in linguistic hipness. Eventually, the masses notice that something funky is happening and crash
the language party. And before long,
a once-sparkling phrase has gone
stale. The thing to remember is that,
in time, all clichs weaken. They are
what George Orwell, in his ever-fresh
Politics and the English Language,
calls dying metaphors. You cant
buy much of anything with a clich.
Unfortunately, quite a few people
in the innovation business think you
can. Often these accomplished business people, who know how to scale
ideas successfully, are deceived into
thinking that the increase in a terms
popularity is a sign of power. Many
innovation-minded people understand success here purely as a numbers game. To them, the number of
users matters, not uniqueness.
This isnt the way it works with
language. With language its about
quality, and if your organisation is
going to speak regularly with the
public, you or some literary person at
your organisation had better know,
and act on, that knowledge. Language success is about freshness, not
scale.
Innovators, when it comes to creating interesting words, the kind
that will draw a signicant audience
and win their attention and trust,
you need to follow a special model.
Look to literature, not advertising or
public relations or corporate communications. Literature compels attention because those who write it are
committed to making their language
as fresh as they possibly can.
Follow suit, and people will notice the original, human, interesting tone of your work and they
will respond in the way they respond
to great poems, stories, plays: with
gratitude. You can build a career, a
business, even a new product line on
a base of such gratitude. Do so.

46

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The EastAfrican

FEBRUARY 13-19, 2016

National Environment Management Authority


Popo Road, off Mombasa Road
P.O. BOX 67839-00200, Nairobi, Kenya
T el: (254 020) 6005522, 6001945, Fax: (254 020) 6008997)
E-mail: dgnema@nema.go.ke Website: www.nema.go.ke
NOTICE TO THE PUBLIC TO SUBMIT COMMENTS ON AN ENVIRONMENTAL IMPACT
ASSESSMENT STUDY REPORT FOR THE PROPOSED APARTMENTS DEVELOPMENT ON PLOT
L.R. NO. 12596/1 ON LIKONI ROAD, INDUSTRIAL AREA, NAIROBI COUNTY

Pursuant to Regulation 21 of the Environmental Management and Coordination (Impact Assessment and Audit)
Regulations, 2003, the National Environment Management Authority (NEMA) has received an Environmental
Impact Assessment Study Report for the above proposed project.
The Proponent, Express Kenya Limited, has proposed to develop (224) high-rise apartments in 4 blocks on
Plot L.R. No. 12596/1 located on Likoni Road in Industrial Area, Nairobi City County. Three of the blocks consist
of 8 No. apartments per floor for a total of eight floors each while the fourth block consists of 4 No, apartments
on each floor for a total of eight floors. For the first three blocks (Block A, B and B1), there are 4 No. 3 Bed/rooms
apartments with a master en suite and a DSQ, 2 No. 3 bed/rooms apartments with a master en suite and 2 No.
2 bed/rooms apartments with a master en suite. They are all sited conveniently to leave ample space for green
landscaping and to enable traffic flow into and out of the residential compound with ease.
The following are the anticipated impacts and proposed mitigation measures:
PROJECT ACTIVITIES
Procurement, Transportation
Construction of site office

Demolition of existing building


structure

NEGATIVE IMPACTS
Oil spillage, Materials spillage
Littering the site, Soil
Compaction
Heavy vehicle traffic
Oil spillage, Materials spillage,
Littering the site

Excavation and Construction of


the foundation

Oil spillage, Noise, Dust, Soil


destruction

Construction of infrastructure
utilities

Oil spillage, Noise, Dust, Soil


destruction

Construction of facility for


solid waste handling and
temporary storage

Poor sanitation and


environmental health degradation
as a result of inadequate effluent
waste water disposal and solid
waste management
If not properly managed, could
Ensure the sewage waste water
compromise sanitary hygiene of the is collected and disposed off into
building
the waste, water treatment works
established on site. Ensure that
the onsite waste water treatment
works is regularly maintained
and audited annually to ensure
compliance
If not well directed to the City
Ensure the storm drain channels
Countys storm drain, could lead to are regularly cleaned to remove
flooding and property destruction
debris
Could cause strain on the national Develop and maintain plans for
grid and the Town council water
energy and water conservation
supply system
such as fitting of energy save
bulbs, and solar water heating and
insulated hot water storage tanks
Might result in incessant traffic
Provide signage on the main road
Jams
to provide clear direction to drivers
Provide adequate parking spaces
for the all the Town Houses

Generation of sewerage waste


water

Storm water discharge into the


storm drains
Significant energy and water
consumption

Increased traffic

MITIGATION MEASURES
Ensure NO spillage occurs
Ensure use of serviceable vehicles
Ensure no littering of park
Ensure safe storage of materials
Ensure NO oil spillage occurs
Ensure use of manual labour and
hand tools
Ensure use of serviceable
machinery
Ensure NO oil spillage occurs
Ensure use of manual labour
and hand tools, Ensure use of
serviceable machinery, Ensure
removal of all materials brought in
during construction
Ensure NO oil spillage occurs,
Ensure use of manual labour
and hand tools, Ensure use of
serviceable machinery
Ensure NO oil spillage occurs
Ensure use of manual labour
and hand tools, Ensure use of
serviceable machinery

The full report of the proposed project is available for inspection during working hours at:
Principal Secretary,
1.
Ministry of Environment, Natural Resources and Regional Development Authorities,
NHIF Building, 12th Floor,
Ragati Road, Upper Hill,
P.O. BOX: 30126-00100,
NAIROBI
2.
Director General, NEMA Popo Road, off Mombasa Road,
P.O. BOX: 67839-00200, NAIROBI
3.
County Director of Environment
NAIROBI COUNTY
A copy of the ETA report can be downloaded at www.nema.go.ke
NEMA invites members of the public to submit oral or written comments within thirty (30) days from the date of
publication of this notice to the Director General, NEMA, to assist the Authority in the decision-making process
for this project. Kindly quote ref. no. NEMA/EIA/5/2/1254
Comments can also be e-mailed to dgnema@nema.go.ke
DIRECTOR GENERAL
This advertisement is sponsored by the proponent.

FEBRUARY 13-19,, 2016

The EastAfrican

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47

INDEPENDENT DIRECTOR
CRDB Bank Plc is a leading, private commercial bank in Tanzania. Established in 1996, the
Bank has grown and prospered over the years to become the most innovative and trusted
bank in the country. The Bank reached an important milestone when it was listed on the Dar
es Salaam Stock Exchange on the 17th of June, 2009. CRDB Bank owns two subsidiary
companies - CRDB Microfinance Services Company Limited and CRDB Bank Burundi S.A.
The Board of Directors would like to invite applications from suitable candidates for the
position of Independent Director. A competitive remuneration package will be offered.
Duties and Responsibilities
As a part of the Board of Directors, the Independent Director will have the following primary
duties and responsibilities:
To determine the Banks vision, mission and values, continuously monitor and evaluate its
strategy and ensure the Bank survives and thrives.
To govern the Bank by broad policies and objectives, as formulated and agreed with the
Managing Director.
To assess the performance and effectiveness of the Board as a whole, and that of
individual Directors.
To select and appoint the Managing Director of the Bank, review and evaluate his/her
performance regularly and offer administrative guidance.
To select and appoint the Director of Internal Audit, who shall report directly to the Board
of Directors, and review his/her performance regularly.
To oversee the Risk Management function within the Bank and its subsidiaries, and the
effective management of investor relations.
To appoint direct reports to the Managing Director.
To regularly attend Board and other important meetings, and participate effectively and
with commitment in Board assignments.
To keep well-informed about Bank matters, be well-prepared for meetings and actively
participate in annual evaluation and planning activities.
To build a collegial working relationship with the Board.
Requirements
A professional banker or lawyer, or accomplished entrepreneur.
Entrepreneurship, management experience and knowledge of banking.
No criminal record.
No involvement as a member of the Management or Board of Directors with a banking
institution whose registration or license has been revoked or cancelled or which has gone
into liquidation.
Clean credit record, including that of related parties.
No history of bankruptcy.
Multi-skilled candidates with legal knowledge will have an added advantage.
Mode of Application
Qualified and experienced candidates are requested to apply with the following:
An application letter detailing your suitability for the position.
A comprehensive Curriculum Vitae (CV).
Certified copies of relevant certificates and awards.
Certified copies of your current Passport (last two pages).
Three recent passport size photographs.
Letters from 3 referees (2 professional, 1 personal).
Declaration of indebtedness to Banks
PLEASE NOTE
The applicant should not be a shareholder of CRDB Bank PLC, an employee of a
shareholder or have a relationship to the Management or the Board.
Only successful candidates will be contacted.
Upcountry candidates will be required to meet their own travel and accommodation costs
for any interviews.
Interested candidates are invited to send their application to:
PEOPLE DYNAMICS LTD
P. O. Box 11267
Dar Es Salaam, Tanzania
Email: jobs@peopledynamicsltd.com
The deadline for the application is close of business on 29th February, 2016

48

APPOINTMENT

The EastAfrican FEBRUARY 1319,2016

FEBRUARY 13-19,, 2016

The EastAfrican

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49

United Nations Support Office in Somalia (UNSOS)


REQUEST FOR EXPRESSION OF INTEREST

PROVISION OF TRANSLATION AND INTERPRETING SERVICES


United Nations Support Office in Somalia (UNSOS) seeks expression of interest from suitably qualified firms/contractor
to establish a long term contract for the provision of Translation and Interpreting services.
The translation and interpreting services are from:
English French English
English Portuguese English
English Somali English
Amharic English Amharic
Somali Amharic Somali
English Arabic English
Kirundi English Kirundi
Kirundi French - Kirundi
Firms/Contractors interested with a proven track record of relevant translation and interpreting services should
submit their EOI and include:
1.
2.
3.
4.

The Firms company profile and registration or certificate of incorporation.


References in undertaking similar works
Provide UNGM registration number or status
For more information the EOI is available on http://www.un.org/depts/ptd/pdf/eoi 9104.pdf

Submit the above in sealed envelopes, or by e-mail, clearly labeled Expression Of Interest for the provision of
Translation and Interpreting services at the UNSOS Offices by 16:00 Nairobi Time, February 18, 2016 to the address
below.
The Chief Procurement Officer,
EOI UNSOS 12018 Provision of Translation and Interpreting Services
Procurement Section st
C/o, UNON, Block T- 1 Floor
P.O. Box 67578-00200,
Nairobi, KENYA
Fax:+ 254-20-762-1571
Email address: unsoa-procurement@un.org, or bannerman@un.org
Please indicate your UN Vendor Registration Number and refer to this EOI in your submission. To ensure that as many
competent organizations as possible are reached, this EOI may be forwarded to potential bidders, or suitable names
forwarded to the above-mentioned address.
Please note that this notice does not constitute a solicitation and UNSOS reserves the right to change or cancel this
requirement at any time in the Expression of Interest/ bidding process. Companies short-listed as a result of this EOI
will receive enquiries to bid for services to UNSOS. Queries on this EOI may be addressed to
unsoa-procurement@un.org.

FEBRUARY 13-19,, 2016

The EastAfrican

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50

51

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The EastAfrican

FEBRUARY 13-19, 2016

VACANCY
Regional Finance Manager
Eastern and Southern Africa
About Plan International
Working in over 50 developing countries across Africa, Asia and the Americas, Plan Internationals mission is
childrens rights, with a special focus on girls and disadvantaged children. Our goal is to reach as many children
and young girls as possible, particularly those who are excluded or marginalised, with high-quality programmes
that deliver long-lasting benefits.
The Role
The Regional Finance Manager (RFM) provides financial management services across the region,
champions innovation in business processes and ensures that an effective financial information system is
maintained all times. The role engages, inspires, motivates and leads a team of dedicated staff at different
levels to provide best in class financial management and support to 12 countries in one of the largest INGOs in
the world with a regional budget in Eastern and Southern Africa of more than Euro150 million a year. The RFM
anchors financial management innovations and processes in the region and links with the head office teams
and is a member of the Extended Regional Management Team.
The Person
Demonstrable expert knowledge in financial management, leadership and analysis, understanding of
the development sector is critical. Must hold an advanced level degree in addition to an undergraduate
qualification in areas such as Accountancy, Financial management or business administration and holds a
recognised relevant professional qualification. Working experience of ERP based systems and accounting
software such as SAP is an asset. Knowledge of diverse key donor and grant requirements, the ability to work
in a multidisciplinary and multicultural environment, must have proven work experience at senior level in a role
that covers multiple country and regional remits.
Location: The post holder will be based in the Regional Office in Nairobi, Kenya
For full Job Descriptions and specifications for the above positions, please go to:
https://plan-international.org/jobs/regional-finance-manager-eastern-and-southern-africa
Contract Period: Fixed Term 3 years; renewable
Closing Date: 19th February 2016
Please note that only applications and CVs written in English will be accepted. Only shortlisted candidates
will be contacted. The position title should be clearly indicated within the email subject. Applications should
be sent to: plan.resajob@plan-international.org
References will be taken and background and anti-terrorism checks will be carried out in conformity with Plan
Internationals Child Protection Policy. Plan International operates an equal opportunities policy and actively
encourages diversity, welcoming applications from all persons meeting the skills and experience required. The
successful candidates will need to have the right to work in the country where the role is based.

52

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The EastAfrican

FEBRUARY 13-19, 2016

Passionate about developing and implementing solutions for hidden hunger, the Micronutrient Initiative
(MI) works in partnership with governments, the private sector and civil society organizations to address
micronutrient deficiency and related health and nutrition problems in underserved populations. Governed by an
international Board of Directors, MI works in Africa, Asia, the Caribbean, Latin America and the Middle East and
reaches people in more than 75 countries. With headquarters in Ottawa, Canada MI maintains regional offices
in New Delhi, India and Dakar, Senegal that manage our country offices in Asia and Africa. Currently the MI is
seeking applications for:

Senior Project Officer, Project Country Tanzania


Location: Dar es Salaam, Tanzania
Job #: 2016-AFR-TAN-01
The Senior Project Officer will be responsible for the planning and implementation of the MI component of the
project in their country under the supervision of the MI Project Manager. S/he will be responsible for all aspects
of program delivery including preparing detailed implementation plans; liaising with government and other
key partners in country; developing TORs, contracting and overseeing the performance of any consultants or
other sub-grantees; ensuring timely delivery of all program components; setting up and managing a system to
monitor project progress; preparing donor and other reports as required; ensuring clear communication of all
activities to the MI Country Director in a timely fashion.
Responsibilities for this position will include:
Program Development and Planning
Program Implementation and Management
Program Monitoring
Financial Management
Communication and External Relations
Requirements:
Masters degree in any of the following disciplines: nutrition, public health, epidemiology or similar relevant
discipline preferred or equivalent experience
A minimum of 5 years nutrition program management experience working at a national level
Experience advocating to government on policy change and/or guideline development for nutrition or public
health programs
Experience with formative research and other research methods preferred
Experience developing and running training programs preferred
Familiarity with the key project stakeholders, including project partners, donors, private sector, NGOs and
government departments
For a complete job description please visit our website at www.micronutrient.org/careers
To apply for this position, please forward your resume and cover letter to africahr@micronutrient.org quoting
job#: 2016-AFR-TAN-01 in the subject line. Competition closes February 22, 2016.
We thank all applicants for their interest, however only short-listed candidates will be contacted.

MONEY AND EQUITY

MARKETS
53

FEBRUARY 13-19, 2016

ECONOMIC SLOWDOWN

What world markets are worried about


Makets ae doing
badly. Does this say
anything about the
global economy?
By ANDREW WALKER
BBC

t has been a dismal start to the


year for global stockmarkets.
For Wall Street, the rst week
has been described as the worst
start ever. In the rst two weeks
of 2016, Frankfurt and Tokyo fell
by double-digit percentages. In
New York the fall was 9 per cent,
in London 8 per cent.
But the eye of the storm was
China, where the main index in
Shanghai lost 19 per cent of its
value in the same period.
Commodity prices have also
tumbled. Crude oil prices fell to
below $30 a barrel for the rst
time in nearly 12 years.
At times share prices have followed oil downwards. So what
is going on? Do these nancial
market developments tell us anything about the state of the global
economy?
Currency under pressure
The fundamental forces are
not new. There is the slowdown
in emerging economies growth.
China is the outstanding example, but certainly not the only one.
It was the Chinese market where
the instability began, and spread
around the world.
In itself, the Chinese stockmarket is not the fundamental international problem. Yes, it is a serious problem for those Chinese investors who bought shares when
prices were high. They have lost a
great deal of money.
But there are too few of them
for it to have a likely dramatic
impact on consumer spending in
China. And there are too few foreign investors in the Chinese market for there to be serious losses
inicted outside the country as a
direct consequence.
Its not just the stockmarket.
The currency, the yuan, has also
been under pressure. The ocial,
or onshore, rate moved down by
nearly two per cent in the rst
week.
It is in part a sign of Chinese
savers wanting to get their money
out, wondering what sort of return they will get in China. There
is also a concern that if they delay

Investors
monitor screens
showing
stockmarket
movements at
a brokerage
house in
Shanghai. The
main index in
Shanghai lost
19 per cent in
the rst two
weeks of 2016.
Picture: AFP

China is
the outstanding
example
of the
slowdown
in
emerging
economies
growth.

the currency will fall further and


they will get less for their money.
Rocky path?
These nancial market pressures on China are in part at least
a symptom of the wider and much
discussed economic slowdown.
Ever since Chinas economy
began to lose some pace, there
has been uncertainty about how
well the authorities would manage the process. Certainly, China
needed to slow to a more sustainable pace. But would the path be a
rocky one, with too abrupt a slowdown? So far, the ocial gures
suggest a signicant but not catastrophic slowdown in growth.
After three decades of 10 per
cent average growth, China
slowed to 6.9 per cent last year,
according to the ocial gures
just published. The IMFs new assessment of the economic outlook
predicts further easing of the
pace to 6.3 per cent this year and
6.0 per cent in 2017.
The Economist said last week
in anticipation of a 2015 gure
of close to 7 per cent that gure
may be an overestimate but it is
not entirely divorced from reality. What is clear is that it is substantially slower than it was just
ve or six years ago.
Shift to services
The new IMF World Economic Outlook notes that China has

CHINA, THE EYE OF THE STORM


Global stockmarkets have started
the year dismally.
But the eye of the storm was
China, where the main index in
Shanghai lost 19 per cent of its
value in the first two weeks of
2016.
The yuan has also lost ground this
year.
These financial market pressures
experienced a faster-than-expected slowdown in imports and
exports, in part reecting weaker
investment and manufacturing
activity. Chinas shift towards
services and consumer spending
had been widely expected. Now
it is true that all those trends are
widely seen as necessary, inevitable and even desirable.
It has been widely expected
that the economy would shift towards services with less emphasis
on manufacturing.
Service industries mean more
emphasis on Chinese consumers,
less on exports and less need for
imports of industrial raw materials.
The unnerving bit in the IMF
comment is the faster than expected. The market wobbles were
not driven by the IMF report. But
they are partly about whether the
slowdown might be a crash rather
than a gentle deceleration.

on China are in part a symptom of


the wider economic slowdown.
After three decades of 10 per cent
average growth, China slowed to
6.9 per cent last year, according to
official figures just published.
The IMFs new assessment of the
economic outlook predicts further
easing of the pace to 6.3 per cent
this year and 6.0 per cent in 2017.
Beyond China
The jitters about the economic
outlook are not just over China.
The IMFs new forecast downgrades the outlook for the emerging and developing countries. The
ones that stand out are Russia
and Brazil. Thats partly about
the low prices of oil and other
commodities as well as political
problems, external for Russia,
domestic for Brazil. Theres also
a hefty downgrade in the forecast
for South Africa. The broad picture from the new IMF forecast
is for a modest acceleration in
global economic growth this year
and a little more in 2017. But there
are also risks and they are bothering the markets.
The uncertainty about China
is one. There are also risks from
the strong dollar. At bottom the
strength of the dollar is down to
the fact that the US economy is
recovering better than most of

the developed nations, which in


itself is good news for the USs
trade partners in other words,
a lot of countries. But there is a
downside. The US recovery has
led to the Federal Reserves decision to raise interest rates last
month and the widely shared expectation that it will take more
such steps this year.
These moves will be gradual,
but the impact of the upward
trend in US interest rates is already apparent. The prospect of
higher returns in the US has encouraged investors to sell assets
in other countries and buy dollars, pushing the currency higher.
The converse of that is weaker
currencies for many emerging
economies.
The IMFs chief economist,
Maurice Obstfeld, said that eect
can be a useful shock absorber
up to a point. It makes those
countries industries more competitive. But if they have debts
in dollars they become more of
a burden. Higher interest rates in
the US also mean they are likely
to face higher rates themselves.
That eect could be magnied if
international investors become
more wary about what they perceive to be risky assets.
Boom over?
The IMF also warns of a risk of
a sudden rise in global risk aversion essentially investors in
the markets becoming sensitive
to the risks and shifting towards
what are perceived as safe assets
such as US government bonds (its
debts) and gold. There has been a
bit of that going on already in the
markets as investors sell shares
and commodities, including oil.
Some observers think that
many markets were riding for a
fall. Asset prices were pumped up
by ultra-low interest rates in the
developed world and also by the
central banks that have engaged
in quantitative easing, buying
nancial assets with newly created money. That happened with
shares, with bonds and with commodities. For commodities the
boom is well and truly over, partly due to the slowdown in China
and in the case of oil mainly due
to plentiful supplies. Clearly there
are some troublesome developments and the IMF has a warning: If these key challenges are
not successfully managed, global
growth could be derailed.
That at bottom is what the markets are worried about.

54

The EastAfrican

MARKETS

FEBRUARY 13-19, 2016

SLOW SEASON

GOVERNMENT OF KENYA FIXED RATE TREASURY BONDS


Issue No.

Issue
Date

Maturity
Date

Issued Value
in millions

Coupon
(%)

Previous Price
(%)

ONE YEAR BONDS


FXD 1/2015/1Yr

29-Sep-15

26-Sep-16

24,260.65

19.062

102.3428

FXD 2/2015/1Yr

26-Oct-15

24-Oct-16

20,482.75

22.954

103.8777

FXD 1/2014/2Yr

24-Mar-14

21-Mar-16

19,976.40

10.803

100.0237

FXD 2/2014/2Yr

26-May-14

23-May-16

20,130.15

10.7930

99.9909

FXD 3/2014/2Yr

25-May-15

19-Dec-16

29,375.70

10.89

97.4749

FXD 1/2015/2Yr

23-Jan-15

20-Feb-17

23,592.15

11.47

101.0594

FXD 2/2015/2Yr

29-Jun-15

26-Jun-17

18,746.80

12.629

97.5789

FXD 1/2016/2Yr

25-Jan-16

22-Jan-18

20,153.75

15.76

101.8885

FXD 1/2016/2Yr

25-Jan-16

22-Jan-18

20,153.75

15.76

101.8885

Total Value traded(kshs)

TWO YEAR BONDS

FXD 1/2016/2Yr

25-Jan-16

22-Jan-18

20,153.75

15.76

101.8885

2 50,000,000

FXD 1/2016/2Yr
FIVE YEAR BONDS

25-Jan-16

22-Jan-18

20,153.75

15.76

101.8885

5 00,000,000

FXD 1/2012/5Yr

28-May-12

22-May-17

31,079.55

11.855

96.4271

FXD 1/2013/5Yr

29-Apr-13

23-Apr-18

20,240.75

12.892

97.8412

FXD 2/2013/5Yr

1-Jul-13

25-Jun-18

26,340.05

11.305

99.1527

FXD 3/2013/5Yr

25-Nov-13

19-Nov-18

14,937.80

11.952

100.4719

FXD 1/2014/ 5Yr

28-Apr-14

22-Apr-19

25,733.70

10.87

96.9751

FXD 2/2014/ 5Yr

23-Jun-14

17-Jun-19

16,418.25

11.934

100.1528

FXD 1/2015/ 5Yr

29-Jun-15

22-Jun-20

18,027.90

13.193

100.5915

FXD 2/2015/ 5Yr

30-Nov-15

23-Nov-20

30,673.85

13.92

98.2796

FXD 1/2008/10Yr

29-Oct-07

12-Feb-18

2 ,992.75

10.75

99.3434

FXD 2/2008/10Yr

28-Jul-08

16-Jul-18

13,504.70

10.75

99.321

FXD 3/2008/10Yr

29-Sep-08

28-Sep-18

4 ,151.60

10.75

99.2873

FXD 1/2009/10Yr

27-Sep-09

15-Apr-19

4 ,966.85

10.75

96.5948

FXD 1/2010/10Yr

26-Apr-10

13-Apr-20

19,394.15

8.79

87.8868

FXD 2/2010/10Yr

1-Nov-10

19-Oct-20

18,849.90

9.307

90.0522

FXD 1/2012/10Yr

25-Jun-12

13-Jun-22

16,803.75

12.705

88.0675

FXD 1/2013/10Yr
FXD 1/2014/10Yr

1-Jul-13
25-May-15

19-Jun-23
15-Jan-24

28,294.56
5 ,063.88

12.371
12.18

85.2922
84.2871

ELEVEN YEAR BONDS


FXD1/2006/11Yr
25-Sep-06

11-Sep-17

4 ,031.40

13.75

105.0256

TWELVE YEAR BONDS


FXD1/2006/12Yr
28-Aug-06

13-Aug-18

3 ,900.95

14

105.2139

FXD1/2007/12Yr

13-May-19

4 ,864.60

13

105.6743

FIFTEEN YEAR BONDS


FXD1/2007/15Yr
26-Mar-07

7-Mar-22

3 ,654.60

14.5

109.0397

FXD2/2007/15Yr

25-Jun-07

6-Jun-22

7 ,236.95

13.5

94.8207

FXD3/2007/15Yr

26-Nov-07

7-Nov-22

18,030.20

12.5

90.2944

FXD1/2008/15Yr

31-Mar-08

13-Mar-23

7 ,830.90

12.5

100.607

FXD1/2009/15Yr

26-Oct-09

7-Oct-24

9 ,420.45

12.5

98.3299

FXD1/2010/15Yr

29-Mar-10

10-Mar-25

22,336.25

10.25

85.3325

FXD2/2010/15Yr

25-Apr-11

8-Dec-25

13,513.10

79.3778

FXD1/2012/15Yr

24-Sep-12

6-Sep-27

21,089.45

11.00004

85.2957

FXD1/2013/15Yr

25-Feb-13

7-Feb-28

42,138.45

11.25

90.0657

FXD2/2013/15Yr

29-Apr-13

10-Apr-28

17,385.85

12

98.3982

TWENTY YEAR BOND


FXD1/2008/20Yr
30-Jun-08

5-Jun-28

20,360.95

13.75

106.2954

FXD1/2011/20Yr

30-May-11

5-May-31

9 ,365.80

10

79.8372

FXD1/2012/20Yr

26-Nov-12

Traders at the Rwanda Stock Exchange. Managers of the bourse say there is no need for panic over
nature of trade. Picture: File

Trade on Rwandan
bourse remains stable

TEN YEAR BONDS

28-May-07

1-Nov-32

44,581.65

12

88.3006

TWENTY FIVE YEAR BOND


FXD1/2010/25Yr
28-Jun-10

28-May-35

20,192.50

11.25

82.2305

THIRTY YEAR BOND


SDB 1/2011/30Yr
28-Feb-11

21-Jan-41

28,144.70

12

89.9403

1 00,000,000

By KABONA ESIARA
The EastAfrican

GOVERNMENT OF UGANDA TREASURY BONDS


GOVERNMENT OF UGANDA SECURITY TRADES FOR LAST WEEK
VALUE DATE

SECURITY
COUPON

MATURITY
DATE

DR
(%p.a)

MMY
(%p.a)

YTM
(%p.a)

AMOUNT(FV)

AMOUNT(COST)

21-Jan-16

0.00%

25-Feb-16

14.829

15.043

16.109

200,000,000

197,156,000

21-Jan-16

0.00%

10-Mar-16

23.25

23.999

26.643

500,000

484,394

21-Jan-16

0.00%

24-Mar-16

23.401

24.385

26.98

500,000

479,805

21-Jan-16

0.00%

14-Apr-16

23.64

25

27.516

17,000,000

16,075,130

21-Jan-16

10.25%

2-Jun-16

23.249

30,000,000

29,102,121

19-Jan-16

0.00%

18-Feb-16

19.551

22,000,000

21,679,460

19-Jan-16

12.88%

19-May-16

23.155

3,757,400,000

3,718,360,614

19-Jan-16

12.88%

19-May-16

23.385

5,750,000,000

5,686,347,500

19-Jan-16

12.88%

19-May-16

23.385

5,750,000,000

5,697,133,422

19-Jan-16

20.00%

03-Sep-20

19.75

15,400,000,000

16,607,360,000

17.727

17.989

Shae pice is at indicating educed


etuns on investment
he share price of domestic
stocks has stabilised after
the sharp decline recorded at
the end of 2015 and in January,
raising hopes that the market
has now found its level.
The Rwanda All Share Index
has remained at at 130.60,
for the past three months, a
signicant drop from 140.83
in September 2015, pointing
to reduced returns on investment on traded shares.
The newly listed Crystal Telecom, a Rwandan company
with a stake in MTN Rwanda,
has not performed as expected. During the rst days of
trading on the secondary market in July, the share price hit
signicant Rwf144 (US cents
2) mark, but as of last week, it
was trading below Rwf98 (US
cents 1), meaning the investors
who bought the stocks in July
are now counting their losses.
If you look at other markets or companies, they are
generally down. So being at
or slightly lower or higher is
no surprise at this time of the
year, said Celestine Rwabukumba, chief executive of the
RSE.
Dealmakers attribute the
depressed Bralirwa share
price largely to speculative retail investors who were selling
o the stocks at any price.
The panic brought down the
prices by almost 60 per cent
from Rwf440 (US Cents 5)
shortly after the share split

in mid-2014to the current


Rwf174 (US cents 2).
Dealmarkers blame management of Bralirwa for sparking o speculation by issuing
an overstated inventory.
Bralirwas June 2015 earnings release had earnings for
the six months down 40 per
cent at Rwf3.7 billion ($5.1
million) following the disclosure of the 2013-14 earnings
overstatement relating to inventories, says a research
note by Baraka Capital Ltd,
a brokerage rm in Rwanda,
in association with HartlandPeel Africa Equity.
Despite the depressed share
price and low volume of trading, Davis Gathaara, managing director of Baraka Capital
is optimistic that the expected
initial public oerings this
year could stimulate the market. Market analysts said
Three initial public oerings
are expected at the Rwanda

QUARTER 3
At the end of third quarter
2015, the number of active
investors stood at 13,543
of which 10,662 were local,
2,474 from the rest of the
East African Community
and 407 were foreigners.
This means that local
investors make up 79 per
cent areEast African (EAC)
investors account for 18
per cent and the remaining
3 per cent are from the
international pool.

Stock Exchange this year,


broadening the investment
options across East Africa.
The EastAfrican, however,
established that the three
companies are among the
most protable in their sectors. They are a bank where
a principal investor is liquidating interests in order to
venture into other businesses
and a transport company that
is seeking to fund acquisition
of a modern eet. A third company involved in logistics is
looking for expansion capital.
The latter two are classied as
small and medium enterprises
(SMEs).
Psychologically speaking,
people in January feel broke
due to holidays and school
fees; something similar happens with big investors since
they are still waiting for results from dierent companies
before they can make decisive
moves in the new year , said
Mr Rwabukumba.
The market is eagerly waiting for the I&M Bank Rwanda
IPO the delay which has dampened the mood of investors and
dealmakers.
Many had hoped the stock
would boost the secondary
market currently suering
from depressed share prices
and low volume of traded.
The government announced
plans to oat its shares which
are slightly above 19 per cent
through an IPO, but later has
shelved theseplans.
Eorts to nd out how long
the investors will have to wait
for the I&M Rwanda IPO were
futile as ocials in the Ministry of Finance did not respond
to queries.

FEBRUARY 13-19, 2016

The EastAfrican

REGIONAL SHARES PERFORMANCE TRACKER


Close this Fri
TSH
8,160
400
550
6,030
10,100
100
850
600
650
1,000
2,110
3,810
470
500
6,780
14,750
12,000
2,100
760
3,000
650
150
USH
30000
155
1511
950
9543
1367
16097
151
1341
11
6113
606
31
243
16
570
KSH
20.00
12.70
74.50
39.75
39.50
191.00
17.00
4.40
179.00
26.00
31.00
180.00
6.35
9.55
11.95
12.00
43.00
799.00
281.00
15.80
RWF
280.00
174.00
1,200.00
330.00
104.00
334.00
98.00

Close last Fri


TSH
7,460
400
555
5,900
9,900
90
850
600
650
1,000
2,150
3,940
470
500
6,720
15,000
12,200
2,050
770
3,000
650
170
USH
25,500
155
1,568
950
9,325
1,306
16,073
149
1,322
11
6,136
606
32
253
15
600
KSH
20.00
12.25
80.00
39.00
40.00
191.00
16.90
4.50
185.00
26.00
33.00
175.00
6.60
9.50
12.15
11.95
46.00
800.00
273.00
16.20
RWF
280.00
174.00
1,200.00
330.00
104.00
334.00
98.00

% 5day

% 1mnth

% 3mnths

% 6mnths

% 1year

9.38%
0.00%
-0.90%
2.20%
2.02%
11.11%
0.00%
0.00%
0.00%
0.00%
-1.86%
-3.30%
0.00%
0.00%
0.89%
-1.67%
-1.64%
2.44%
-1.30%
0.00%
0.00%
-11.76%

32.47%
0.00%
-2.65%
-0.82%
-3.26%
0.00%
-2.30%
0.00%
-2.26%
0.00%
-13.88%
1.06%
0.00%
0.00%
-7.12%
-1.67%
-20.00%
-20.75%
0.00%
0.00%
0.00%
-28.57%

54.84%
-4.76%
-3.51%
4.69%
9.54%
0.00%
-2.30%
0.00%
0.00%
-27.24%
34.63%
0.00%
0.00%
-7.63%
-1.67%
-26.38%
-24.73%
1.33%
-12.02%
0.00%
-11.76%

5.15%
0.00%
-11.29%
-6.22%
-13.01%
-23.08%
-16.67%
0.00%
-4.76%
-15.60%
0.79%
0.00%
-9.91%
-7.12%
-2.32%
-26.61%
-44.59%
1.33%
-21.05%
0.00%
7.14%

11.02%
-19.19%
-39.89%
-1.63%
-2.04%
-52.38%
-24.78%
0.00%
-33.33%
-50.93%
-25.88%
0.00%
-23.08%
27.92%
2.86%
-29.08%
-50.00%
26.67%
-23.08%
0.00%
-31.82%

17.65%
0.00%
-3.64%
0.00%
2.34%
4.67%
0.15%
1.34%
1.44%
0.00%
-0.37%
0.00%
-3.13%
-3.95%
6.67%
-5.00%

15.83%
0.00%
-4.85%
0.00%
1.77%
4.27%
3.66%
-6.21%
-3.87%
0.00%
3.35%
-0.66%
-3.13%
-24.30%
6.67%
-5.00%

134.14%
0.00%
6.71%
-3.06%
1.74%
-5.14%
8.48%
-15.64%
-5.30%
-15.38%
32.75%
0.00%
-3.13%
-10.99%
6.67%
-10.94%

251.91%
6.90%
-21.30%
1.17%
-13.46%
-9.77%
-18.41%
-28.44%
-23.11%
-15.38%
-2.52%
1.00%
-6.06%
4.29%
6.67%
-12.31%

298.94%
27.05%
-22.91%
32.87%
-6.08%
-17.75%
-4.77%
-55.98%
-26.92%
-38.89%
-27.26%
1.00%
-8.82%
-33.79%
-20.00%
13.32%

0.00%
3.67%
-6.88%
1.92%
-1.25%
0.00%
0.59%
-2.22%
-3.24%
0.00%
-6.06%
2.86%
-3.79%
0.53%
-1.65%
0.42%
-6.52%
-0.13%
2.93%
-2.47%

14.61%
2.42%
-12.35%
2.58%
-4.24%
-7.73%
-0.58%
-9.28%
1.13%
-14.05%
-12.68%
2.86%
-7.30%
9.77%
-7.00%
-7.34%
-7.53%
0.00%
2.18%
-1.25%

14.94%
-5.58%
-13.37%
-4.22%
-4.82%
-11.16%
-3.13%
-11.11%
33.58%
6.12%
-8.82%
5.88%
-23.03%
12.35%
-15.55%
-20.79%
-2.82%
2.44%
2.18%
-1.56%

33.33%
-14.48%
-20.32%
-6.47%
-18.97%
-31.79%
-13.27%
-27.27%
0.00%
-30.20%
-51.94%
16.88%
-23.49%
11.05%
-27.36%
-38.93%
-20.37%
1.14%
-9.06%
1.28%

48.70%
-23.72%
-43.56%
-25.70%
-33.61%
-44.48%
-15.00%
-59.07%
-32.71%
-41.90%
-63.53%
19.21%
-38.05%
-4.02%
-24.37%
-58.62%
-31.75%
-11.22%
-13.80%
7.12%

0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%

0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
-1.01%

0.00%
-20.18%
0.00%
0.00%
0.00%
0.00%
-6.67%

-3.45%
-41.02%
0.00%
-10.81%
0.00%
0.00%
-24.03%

-5.41%
-54.21%
0.00%
78.38%
0.00%
-22.33%
#DIV/0!

AFRICAN INDICES
Name

Location

NSE 25 - SHR IDX


LUSE ALL SHARE INDEX
ZSE INDUSTRIAL
CFG INDEX
MALAWI ALL SHR
EGX 30 IDX/D
TUN MAIN INDEX
GABORONE INDEX
SEMDEX
SGBV
GSE CI
NSX OVERALL IDX

KENYA
ZAMBIA
ZIMBABWE
MOROCCO
MALAWI
EGYPT
TUNISIA
BOTSWANA
MAURITIUS
ALGERIA
GHANA
NAMIBIA

Last
4,059.76
5,557.58
100.84
19,412.41
14,360.00
5,813.72
5,241.64
10,440.16
1,853.38
1,254.93
2,000.30
819.65

Net.Chng
-6.14
0.00
-0.19
-0.58
0.00
-248.93
-46.41
-0.12
-0.46
-9.73
1.23
-20.60

Pct.Chng
-0.15%
0.00%
-0.19%
0.00%
0.00%
-4.11%
-0.88%
0.00%
-0.02%
-0.77%
0.06%
-2.45%

NAIROBI COFFEE EXCHANGE


NCE Sale No. 10, Tuesday, January 26, 2016
|Price per 50 Kilos in US Dollars|
AA
AB
C
E
HE
MH
ML
PB
T
TT
UG1
UG2

Oered
6,417
9,70
3,365
55
281
141
93
1,675
591
395
650
180

Low
112
112
88
306
39
52
47
100
47
32
107
30

High..................Mean
566.................314.37
365...............246.78
236................ 179.71
315................311.02
137................110.67
79..................70.98
51................. 50.25
406..............249..87
153..................91.44
229...............160.48
180............... 139.50
126................. 68.29

Open

High

4,059.76
5,557.58
100.84
19,400.96
14,360.00
6,060.59
5,287.26
10,440.16
1,853.38
1,254.93
2,000.30
819.65

Low

4,059.76
5,557.58
100.84
19,485.34
14,360.00
6,061.82
5,288.74
10,440.16
1,853.38
1,254.93
2,000.30
819.65

Close
4,059.76
5,557.58
100.84
19,400.84
14,360.00
5,813.54
5,232.78
10,440.16
1,853.38
1,254.93
2,000.30
819.65

Best
Good
Good Medium
Medium
Lower Medium
Plainer

304 360
302 330
292 322
282 306
170 292
140 280

270 342
270 307
262 306
240 270
190 235
130 256

290 342
285 311
258 319
247 271
220 252
120 250

D1 - USC
326 382
315 346
286 360
248 297
170 252
138 216

COMMODITY PRICES
Eective date: 12th February 2016
Softs
Metals

Oil & Gas

100 OZ GOLD($) 1,239.70

SUGAR NO5 ($)

387.00

LIGHT CRUDE($)

27.38

SILVER (JPY)

COFFEE ($)

131.40

NATURAL GAS ($)

1.99

HG COPPER (USC)

56.00
2.01

COCOA ($)

2773.00

E.A CURRENCY GRAPHS

E.A EXCHANGE RATES


KSH

TSH

USH

21.46

33.93

KSH

TSH

21.48

USH

33.77

1.57

RWF

7.44

0.35

BIF

16.11

0.75

KEROSINE(JPY)30,460.00

TANZANITE ($)

640.00

MAIZE EUR()

149.00

BRENT CRUDE($)

AL.(CNY)

10,695

WHEAT(USC)

460.00

GAS OIL($)

RWF

BIF

7.33

15.31

0.63

2.95

2.09

4.55

2.23

0.22

0.49

0.48

2.16

USD/KSH

AFRICAN CURRENCIES
Angolan Kwanza
Burundi Franc
Botswana Pula
Congo Franc
Algerian Dinar
Egypt Pound
Ethiopian Birr
Ghanaian Cedi
Gambian Dalasi
Eritrea Nafka
Guinea Franc
Kenya Shilling
LIBYAN DINAR
Moroccan Dirham
Nigerian Naira
Rwanda Franc
Somali Shilling
Tunisian Dinar
Tanzania Shilling
Uganda Shilling
South Africa Rand
Zimbabwe Dollar

154.84
1,537.70
0.09
916.00
105.29
7.83
21.15
3.92
39.09
16.58
7,590.00
101.70
1.38
9.67
198.00
741.00
614.00
2.01
2,181.00
3,425.00
15.76
378.00

156.19
1,587.70
0.09
936.00
106.09
7.83
21.55
3.97
40.09
17.08
7,790.00
101.90
1.39
9.73
198.10
752.00
621.00
2.01
2,191.00
3,435.00
15.77
381.00

Oct 15

31.45
302.00

Jan 16

USD/USH

Oct 15

Jan 16

USD/TSH

SELECTED HARD CURRENCIES


Euro
Japanese Yen
British Pound
Swiss Franc
Australian Dollar
Swedish Krona
Canadian Dollar
Chinese Yuan
Norwegian Krone
Bosnian Mark
Danish Krone
Russia Rouble
Turkish Lira
Indian Rupee
Israel Shekel
UAE Dirham

1.13
112.50
1.45
0.98
0.71
8.40
1.39
6.57
8.60
1.70
6.62
79.55
2.92
68.26
3.88
3.67

1.13
112.53
1.45
0.98
0.71
8.40
1.39
6.58
8.60
1.75
6.62
79.57
2.92
68.27
3.88
3.67

Oct 15

Jan 16

USD/RWF

ARAB CURRENCY RATES

Arab Currencies are quoted against the US Dollar


Algerian Dinar

106.951

Bahrani Dinar

0.3767

Djibouti Franc

177.5
7.83

Jordanian Dinar

0.7097

Kuwait Dinar

0.3036

Lebanese Pound

1586.7

Libyan Dinar

Oct 15

Jan 16

USD/BIF

1.395

Mauritian Ougiya

336

Moroccan Dirham

9.884

Omani Riyal

0.38457

Qatar Riyal

3.6410

Saudi Riyal

3.7535

Oct 15
SHILLING FUND (Kenya Sh)
Fund
Daily Yield(%) Eective Annual Rate (%)
12.31
13.03
African Allliance
Old Mutual
8.26
8.59
12.37
13.10
British American
CIC
10.72
11.33
Madison Asset
9.39
9.80
Stanlib
9.72
10.16
UAP
10.10
10.63
ICEA
8.35
8.71
CBA
9.24
9.61
BALANCED FUND (Kshs)
Old Mutual
146.04
155.51
British American
178.81
184.03
CIC
13.68
14.32
Madison Asset
64.38
67.93
EQUITY FUND(Kshs)
Old Mutual
351.62
376.75
British American
183.37
189..20

Jan 16

EA INFLATION RATES

UNIT TRUSTS

THE EAST AFRICAN TEA EXPORT AUCTIONS


Auction No. 0425th January and 26th January , 2016
CTC QUOTATIONS
BP1 USC
PF1 USC
PD USC

EXCHANGE RATES

Egyptian Pound

4,065.90
5,557.58
101.03
19,412.99
14,360.00
6,062.65
5,288.05
10,440.28
1,853.84
1,264.66
1,999.07
840.25

55

Tanzania Kenya

Uganda Burundi Rwanda

(%)

Name
DSE ALL SHARE
ACACIA MINING
CRDB BANK
DAR COMMERCIAL BANK
EAST AFRICAN BREWERIES
JUBILEE HLDS
KENYA AIRWAYS
KENYA COMMERCIAL BANK
MAENDELEO BANK PLC.
MCB
MKOMBOZI COMMERCIAL BANK
NATIONAL MICRO-FINANCE BANK
NATION MEDIA GROUP
PRECISION AIR SERVICES
SWALA OIL &GAS
SWISSPORT
TANZANIA BREWERIES
TANZANIA CIGARETTE
TANGA CEMENT COMPANY LTD
TANZANIA OXYGEN
TANZANIA PORTLAND CEMENT CO.
TATEPA TEA PACK
UCHUMI SUPERMARKETS LTD
USE ALL SHARE
BAT UGANDA
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Oct 15

Jan 16

56

NEWS

The EastAfrican FEBRUARY 13-19, 2016

BUSINESS, MARKETS AND FINANCIAL ANALYSIS

THE MARKET WHISPERER


EQUITY MARKETS (WEEKLY CHANGE IN BENCHMARK INDEX)
NSE 20 Share Index
3,833.07
1.59%

Kenya

Tanzania

RSE All Share Index

USE All Share Index

DSE All Share Index


2,371.27
3.50%

Uganda

1,786.00
1.48%

Rwanda

NGSE All Share Index

JSE All Share Index


130.60
0.00%

South Africa

49,643.88
1.40%

Nigeria

23,458.77
-1.91%

(CUMULATIVE MOVEMENT)

July
15

Jan
16

July
15

Jan
16

July
15

Jan
16

July
15

Jan
16

July
15

Jan
16

July
15

IN BRIEF

ONLINE MARKETING

Orange acquires Milicom subsidiary


to set up shop in Congolese market

Fench undewite seals deal with Jumia

DAR ES SALAAM: Millicom, which owns Tigo in

Tanzania, has sold its subsidiary in the Democratic


Republic of Congo to Orange.
The acquisition, together with two others in
West Africa recently, come after France Telecom
left Uganda and Kenya after nding it dicult to
penetrate their markets.
DRC is the second largest market in Central and
West Africa after Nigeria, with more than 40 million
subscribers. Orange described Tigo DRC, which is
owned by the Swedish company, as a perfect t
from a geographical and cultural standpoint. The
transaction is subject to regulator approval.

UKs Prudential Plc in acquisition pact


to expand footprint to Zambia

LUSAKA: The UKs Prudential Plc has acquired


Professional Life Assurance in Zambia, expanding its
footprint in the regions long term insurance market.
Professional Life Assurance is Zambias fourth
largest life business and will rebrand as Prudential.
In 2014, Prudential launched its business in
Kenya and Ghana before entering Uganda last year.
The conglomerate has $794 billion in assets under
management across the UK, US, Africa and Asia.
Besides life insurance, Prudential oers savings
products for funding education and other aspirations.
Andrew Greenwood, acting chief executive of
Prudential Kenya, said the entry would expand the
scope for sharing expertise from across the markets.

FAR, Pancontinental embroiled in


dispute over funding of exploration

LAMU: FAR Ltd and Pancontinental Oil & Gas


NL are entangled in a dispute over funding the
exploration of the onshore part of block L6 along
Kenyas coastline.
FAR Ltd contends notication was issued to
the partner for failing to honour cash calls to fund
exploration, which Pancontinental disputes.
The two companies own 24 per cent each of the
block in Lamu.
FAR managing director Cath Noman said the
company had issued a default notice to Pan
Continental for continued failure to pay two cash calls
from February 12, 2015.
Pancontinental said work on the onshore section
could not be carried out because of insecurity.
According to Pancontinental, the Lamu Basin could
contain up to 3.7 billion barrels of oil. The rm said
that the estimates had been derived from data after
new 3D and older 2D seismic surveys were done.

nline shop Jumia has


partnered with French
underwriter AXA to sell covers
across Africa in a move that
pull the rag from under the
feet of international insurers
angling for the underserved
market. Axa will invest 75
million ($85 million) for an
eight per cent stake in Africa Internet Group, the e-commerce group that owns Jumia,
to exclusively sell insurance
through Jumia and other AIG
online and mobile points. The
deal also includes development
of customised products to be
sold through AIGs classied
services.
The partnership aims to exploit Africas hunger for nancial services evident in low
penetration rates, an expanding middle class and the youth
bulge.
The Internet is creating
unparalleled opportunities for
consumers and businesses in

A Jumia online shopping website. Picture: File

Africa to connect and do business in a new way. We expect


Africas e-commerce and online
businesses to develop rapidly as
a result of the strong growth of
the middle class coupled with

the increasing mobile phone


and Internet penetration, said
AIG founders Sacha Poignonnec and Jeremy Hodara.
The partnership is backed by
Rocket Internet which devel-

ops online business models


and mobile data carriers MTN
and Millicom. The transaction
will be completed by the end of
next month.
Jumia is present in 11 Africa
markets and had transactions
worth $233 million in the nine
months to September 2015.
Besides Jumia, AIG also runs
online solutions in shopping
(Kaymu), food delivery (Hellofood), travel (Jovago), real estate (Lamudi), jobs (Everjobs),
cars (Carmudi), Easy Taxi, Vendito and Zando. Although the
insurance sector has attracted
big international players of
late through acquisitions, the
business models are invariably
hinged on physical expansion
with mobile solutions largely
targeting micro-insurance. The
entry of Jumia with its targeting of the middle class that
shops online could just be the
disruptive force insurers need
to spur innovation.

Auditos to inspect KQ books


KENYA AIRWAYS will appoint a transaction advisor shortly to assess the options
the loss-making carrier has for raising an
estimated $1 billion to drive its turnaround
strategy.
The announcement comes a couple of
weeks after the carriers board sent nance
director Alex Mbugua packing with a promise that more heads would roll.
Conditions set by the government

A purge of the executive suit is believed to


be one of the conditions set by the government of Kenya for it to continue supporting
the airline nancially before a long-term solution is found.
The government has already put $40 mil-

lion into the carrier, whose conversion from


a loan into equity is one of the proposals expected from the advisor.
Injection of cash by shareholders through
a rights issue with the papers open in the
secondary market is seen by analysts as
a more sustainable way of supporting the
airline whose exposure to currency shocks
through debt service and other key purchases has over time undermined performance.
Last week, the airline appointed Deloitte
Consulting to conduct a forensic audit with
the goal of improving its systems, processes
and activities. It also invited economy class
passengers to bid online for upgrade into
business class seats at least 36 hours before
a ight.

Jan
16

Download free QR Readers from the web


and scan this QR (Quick Response) code
with your smart phone for pictures, videos
and more stories

Published at Nation Centre, Kimathi Street, and Printed at Mombasa Road, Nairobi by Nation Media Group, Box 49010, GPO Nairobi, 00100. Registered at the GPO as a newspaper.
Nairobi Office, Tel: 3288000, 211448, 337710, Fax 214531, 213936. Dar es Salaam Office. Tel: 2119657/8. Kampala Office, Tel: 232771, 232772. Fax 232781

The EastAfrican
FEBRUARY 13-19, 2016

ROLE OF PROJECT MANAGEMENT SPECIALISTS

Special advertising section

To keep costs down and deliver on


time, project management is a must

When projects fail, so do prots,


because the projects are less
likely to achieve the companys
strategic goals
By EVANS ONGWAE
Special Correspondent

oject management is lagely


misundestood and undeused in East Afica yet it
foms the backbone of any
successful poject. Clients who have
embaced poject management have
saved themselves money and avoided
implementation poblems.
Benad Mandee, a consulting enginee and poject management pofessional who has managed
a numbe of pojects in the egion
says; Even when we ae called in
late into a poject, we end up saving
clients a lot of money.
Jeanne W. Mathenge, a poject
management pactitione with moe
than a decades expeience said enginees, achitects and quantity suveyos should acknowledge that cetied poject manages have a ole
to play in when it comes to poject
planning and implementation.
Clement Kitetu, the pesident
of Poject Management Institute,
Kenya Chapte, quotes a study that
shows high-pefoming oganisations being moe successful by embacing poject management.
They ae demonstating that
adheing to poven poject, pogamme, and potfolio manage-

ment pactices educes isks, cuts


costs, and impoves success ates of
pojects and pogammes, he said.
Oganisations ae moe likely to
nutue a cultue of poject management when they fully undestand
the value it bings and how pojects
and pogammes dive change. They
also tend to undestand that when
pojects fail, so do pots, because
they ae less likely to achieve stategic goals.
A 2015 Poject Management Institute (PMI) study conmed that
high-pefoming oganisations fully
undestand the value of poject management and ae ceating a poject
management mindset.
High-pefoming oganisations
ae signicantly moe likely to focus
on talent management, establishing ongoing taining, and fomal,
eective knowledge tansfe. This is
especially impotant in poject management, whee technical skills ae
enhanced by the leadeship and stategic and business management ca-

IMPORTANCE
A 2015 PROJECT
MANAGEMENT INSTITUTE
(PMI) STUDY CONFIRMED
THAT HIGH-PERFORMING
ORGANISATIONS FULLY
UNDERSTAND THE VALUE
OF PROJECT MANAGEMENT
AND ARE CREATING A
PROJECT MANAGEMENT
MINDSET

pabilities that ae nutued though


expeience.
These oganisations also suppot
poject, pogamme and potfolio
management though standadised
pactices and by aligning pojects
and pogammes to the oganisations stategy.
They also dive poject management and deploy elated competencies with a goal of maximising
oganisational value. The PMI study
shows that pojects within these
oganisations meet oiginal goals
and business intent two-and-a-half
times moe often than those in lowpefoming oganisations.
High-pefoming oganisations
also waste about 13 times less money
than low pefomes.
The PMI eseach identies
isk management is at the heat of
poject management. Any numbe of
isks can befall a poject and dive it
o couse, often though no fault of
the poject team. Such isks ae not
fully pedictable, but with eective
isk management pactices, potential
damage can be mitigated. These can
ange fom natual disastes and political unest to supplie conicts and
labou shotages, intenal and extenal events and can have a signicant
impact on a pojects pogess and
ultimate pefomance.
A isk management competency
helps oganisations assess and identify poject isks, mitigate theats
and capitalise on oppotunities. In
fact, oganisations use isk management pactices have signicantly
bette poject outcomes compaed
with oganisations that do not.

The standard gauge


railway construction in
Tsavo East, 200km east of
Nairobi.
A big project like this
one calls for professional
management to succeed
on time and within budget.
Picture: File

A key facto in fosteing a cultue


that values poject management is
undestanding the impotance of
skilled talent, says the study. Talent management is vey impotant
because without it, the ight people
in poject and pogamme and potfolio management oganisations will
not succeed.
Oganisations should also invest in knowledge management.
Fom captuing and shaing lessons
leaned to easing the impact of losing expeienced sta, knowledge
tansfe epesents a citical but
often undevalued oganisational
competence. The study nds few oganisations ae highly eective with
knowledge tansfe. Fo knowledge
tansfe to become outine but eective, it must be cultually imbedded.
The PMI eseach also shows that
high-pefoming oganisations ecognise the need to focus on talent
development and taining to achieve
supeio poject pefomance and execute stategic initiatives.
Knowledge tansfe is a leaning
tool that can stengthen team pefomance by emphasising collaboation, innovation, and coaching yet
few oganisations epot being highly eective with the pactice.
Oganisations that ae successful have unique ways of captuing
and shaing lessons leaned, and
integating them into talent development pogammes. They use divese channels to communicate that
knowledge and insight, including
fomal classoom taining and othe
foums such as case studies, white
papes, aticles and videos.
What ae the isks of not tansfeing knowledge? Numbe one
is wastage on money. It is possible to nd on simila pojects that
implementes epeated the same
mistakes. Analysing these lessons
leaned on a peiodic basis catches
you attention and causes the oganisation to implement changes whee
necessay.

The EastAfrican

Special advertising section

ROLE OF PROJECT MANAGEMENT SPECIALISTS

FEBRUARY 13-19, 2016

Project failure linked to


poor execution skills
and outdated practices
Delays and failures can lead to many
lawsuits between project owners
and contractors and lead to contract
termination
By EVANS ONGWAE
Special Correspondent

elay and its consequence of inceased


cost ae some of the
biggest poblems often expeienced in constuction
pojects in most of sub-Sahaan
Afica.
A majo setback in the constuction industy, delay can
instigate negative eects such
as inceased costs, loss of poductivity and evenue eaned.
They can lead to many lawsuits
between ownes and contactos and eventually contact
temination.
Timely delivey of pojects
within budget and to the level
of standads specied by the
client is an index of success-

ful poject delivey. Failue to


achieve tageted time, budgeted
cost and specied quality esult
in vaious unexpected negative
eects on the pojects.
Accoding to Clement Kitetu,
the pesident of Poject Management Institute, Kenya Chapte, poject failues in Afica ae
linked to ownes not embacing
and adopting moden poject
management pactices. Fo
pojects to be executed eciently and eectively within cost,
scope, time and of the desied
quality, poject management is
the answe, he agued.
With geate infastuctue
needs and available funding becoming moe scace, evey shilling needs to be spent eciently
and eectively.
East Afica, agued poject

management pofessional and


quantity suveyo David Kangaa, is eplete with examples of
lost economic gowth oppotunities emanating fom such
delays and consequently, cost
oveuns.
These delays can be linked
to lack of citical management
skills, he said in an inteview.
A classic example in Kenya
is what I see as poo o lack
of citical poject stakeholdes, identication, analysis
and manageial skills which
has led to eithe deailment o
costly delays to infastuctual
pojects such as the 300-megawatt Tukana and 61MW Kinangop wind pojects, he said.
Lack of those cucial poject
management skills has led to
pesistent disputes with the
stakeholdes and o landownes.
The ipple eect of those delays has been to deail govenment eots to lowe the costs
electicity in Kenya via the poposed injection of clean, eliable
and low-cost additional 5,000
megawatts into the national

WHAT IS NEEDED
FOR PROJECTS TO BE
EXECUTED EFFICIENTLY
AND EFFECTIVELY
WITHIN COST, SCOPE,
TIME AND OF THE
DESIRED QUALITY,
PROJECT MANAGEMENT
IS THE ANSWER
ACCORDING TO
PROJECT MANAGEMENT
INSTITUTE

A wind power project in Kenya: Lack of crucial project


management skills in similar projects in the country has led to
persistent disputes with the stakeholders and landowners

Special advertising section

gid.
Accoding to feedback gatheed though a 2013 Online
suvey and inteviews with
Kenya-based constuction pofessionals and executives, the espondents believe if govenment
agencies, pivate oganisations
and specic industies adopted
pogamme and poject management pinciples, they would
become moe poductive, ecient and accomplish moe with
bette esults while using fewe
esouces. That way citizens will
benet as moe pogammes
and pojects funded with public
money will be moe successful
and spu economic gowth.

The EastAfri

XXXXXXXXXXXXX

Project management can be


applied across all sectors of
the economy
By EVANS ONGWAE

uently the level of


appeciation of poject
management in Kenya
is ising and the demand fo
poject manages is becoming
a equiement fo many copoations.
When it comes to pofessional
poject management cetication, Jeane W. Mathenge,
PMP, anks among Aficas
tailblazes. She eceived he
Poject Management Pofessional cetication in 2003 in
the United States when poject
management was in its infancy
on the Afican continent and
has been passionate about the
discipline eve since.
At the st Afica PMI confeence concluded ecently in
Johannesbug, South Afica,
Mathenge was one of the oldest cetied poject management pofessionals in Afica.
Having consulted fo seveal
pojects in the US and Canada fo moe than a decade, in
2010 she came back to Kenya
whee she is the founding diecto of Global Potocol Solutions, a specialised Pofession-

al Poject Management (PMP)


consultancy m egisteed in
Kenya with a deep passion fo
poject management and mastey in the discipline of poject
delivey.
Owned and un by local
pofessionals with globally ecognised cetication in poject
management, the companys
competencies consist of extensive expeience locally and
intenationally in East Afica,
South Sudan, US and Canada.
The ms coe sta bing
ove 20 yeas of combined
expeience in ecient high
pefomance, high gowth and
matue poject management
envionments. They successfully delive pojects to clients
satisfaction, egadless of
isk-complexity level; on time
and on budget.
The m has executed pojects in divese sectos including eal estate, infomation
communication technology
(ICT), and banking, among
othes. Poject management
is a discipline that can be applied acoss all sectos of the
economy, said Ms Mathenge.
It is a discipline that gives

assued esults on quality,


time and cost by integating a
wide ange of factos such as
isk assessment, pocuement,
esoucing, communication,
planning, design and implementation.
Pojects ae tactical and
because they ae aligned to
stategic copoate objectives
they must be completed, she
added. Ou esponsibility is
to delive a poject to its completion. This is how tangible
benets ae deliveed to stakeholdes.
Ms Mathenge said, to give
clients value fo money, Potocol engages closely with them
and inteogates the copoate and business justication fo stating the poject as
well as why allocate a poject
a paticula cost, timelines
and esouces. Potocol is also deeply involved in helping
the client to mobilise the ight
pofessionals on a poject and
establish an accuate maste
timeline schedule fo delivey.
What we bing to a poject
is the element of govenance;
we seve to uphold the clients
inteest.

FEBRUARY 22-28, 2014


FEBRUARY 13-19, 2016

The EastAfrican
The EastAfrican

XXXXXXXXXXXXXXXXXXXX
ROLE OF PROJECT MANAGEMENT SPECIALISTS

Special advertising section 3


Special advertising section

Eective project
management
realises full potential
Project, Construction
Management, Engineering
and Environment, Health and
Safety Consulting rm, Howard
Humphreys (East Africa) Ltd,
revels in working closely with
clients to deliver successful
projects in the construction
industry.
By EVANS ONGWAE

t daws upon its vast expeience to meet clients


equiements.
Benad Mandee, Diecto
Poject Management & Resouce Planning, said in an
inteview, We offe the full
spectum of Poject Management sevices fom feasibility studies to constuction
closeout which includes isk
management, planning, design, constuction supevision
and delivey. Howeve, we ae
always willing to join a poject
at the point which the client
wants us to and we ae cetain
of adding value and assisting to
impove pefomance.
He added, Though effective
Poject Management we contol and delive constuction
pojects to cost and on pogamme, minimising isk while
maintaining safety, achieving
quality and maximising investment etuns fo ou clients.
Accoding to M Mandee,
expeience has shown that
managing costs, isks, time,
communication and pocuement ae key aspects in effective poject management.
He emphasised that managing
isks is citical to any poject.
Risk analysis detemines how
successful a poject will be.
It helps in identifying what
things can go wong and which
appoaches can be used to foestall isks that may jeopadise
poject execution. It helps seal
loopholes and ensue smooth

RISK ANALYSIS
RISK ANALYSIS DETERMINES
HOW SUCCESSFUL A
PROJECT WILL BE. IT HELPS
IN IDENTIFYING WHAT THINGS
CAN GO WRONG AND WHICH
APPROACHES CAN BE USED
TO FORESTALL RISKS THAT
MAY JEOPARDISE PROJECT
EXECUTION.

pogess of the poject and


incease cetainty of poject
success.
Poject Management, he asseted, adds value to pojects
though the following ways:
Pope planning and pepaation of the Poject Implementation Plans which help
to keep the team focused
and povides means fo
guiding the execution of
each phase of the Poject.
Developing ealistic Poject
Baselines that ae consistent
with the Poject needs and
achieve the Clients goals.
Pope scope definition
which assists in avoiding
costly edesigns o changes
aising fom ovesights.
Assists clients to set ealistic budgets and timelines
which we monito and contol thoughout the Poject
lifecycle, to delive pojects A power project HH has been involved in
within Budget and Schedplanning, monitoing and ein a timely fashion so that
ule.
poting.
Clients can manage thei
Closely monitoing and conHowad Humpheys Poject
stakeholdes and uncetaintolling Quality to ensue it
Management Seviceline emties.
meets set Standads.
ploys qualified and expeienced
Innovation in Achitectue
Foestalling disputes
Poject Manages to manage
and Engineeing in ode
though esolution of issues
Pojects and ensue successful
to delive good and obust
at the ealiest oppotunity,
outcomes. To successfully dedesigns whilst giving egad
ensuing all paties undelive Pojects, Howad Humto ageed Poject costs and
stand and pefom thei
pheys ensues that its Poject
schedule.
obligations and poviding
Manages ae sensitized and
A cultue of collaboation
leadeship on the Poject.
aligned to the following key
and undestanding; obsev Oganising teams in a stucpefomance indicatos on
ing espect fo each othes
tued way and poviding
which Poject success depends:
ole, contibution and authem with the tools to pe Effective use of intenationthoity at all times.
fom thei wok bette and
ally ecognized pofessional
Delivey of Pojects without
with minimum ewok o
Poject Management pincausing injuy o ham to
eos.
ciples, tools and stategies
any Poject team membe o
Ove the yeas, Howad Humto Initiate, Plan, Execute,
thid paties o thei poppheys has adopted manageMonito and Close out Poety o to any of the conment-by-pojects appoach
jects.
tactos o sub-contactos
to unning its business. This
Completion and satisfactoy
pesons.
has enabled the fim to set up
commissioning of Pojects
Ensuing negative impacts
systems and build expetise in
at the ealiest ealistic date.
on the envionment ae
its staff compliment that has
Risk mitigation and manminimized as fa as possible
helped the company to delive
agement by applying techthoughout the Poject and
outstanding and top-of-theniques that ensue each
that the final Poject has a
ange Poject Management
poject is pedictable with
positive enduing outcome
sevices.
all majo aeas of unceon the envionment.
In addition to the systems
tainty and isk undestood
Actively seeking oppotunialeady set up as standad
and explicitly addessed and
ties to enhance the sustainapocedues fo managing, auoppotunities gabbed fo
bility of Pojects.
diting, tacking, epoting and
maximum benefit to clients.
Ealy ecognition and esocontolling pojects, Howad
Costs managed to budget
lution of disputes amongst
Humpheys has invested in
as a esult of Poject teams
paties and Poject teams
appopiate softwae such as
execising judicious attitude
using fomal and infomal
Electonic Document Manto Poject costs and manmethods.
aging System (EDMS), Enagement of contingencies
Team building, taining and
tepise Management System
so that the available funds
knowledge tansfe to Po(Vitual Manage), Pimavea
can cove the entie Poject
ject team membes on PoPoject Planne (P3 & P6) and
scope without need fo
ject Management pactices
Micosoft Poject which assist
e-budgeting.
duing the vaious Poject
in automating and managing
No supises on Pojects by
stages.
infomation, especially fo
ensuing communication
Accoding to M Mandee,

An Industiral project
HH has been
involved in

the ultimate aim of Poject


Management is to assue client
and end use satisfaction. It
ensues that Poject ownes
obtain the best value fo money
and a highe etun on thei
investments. Though the Poject Management Sevice Line,
Howad Humpheys povides
a ange of end-to-end sevices
which include, Feasibility Studies, Contacts Administation,
Cost Management, Poject
Contols, Schedule/Pogam
Management, Constuction
Management, Poject Audit
sevices and Commecial Management.
Howad Humpheys has technical and business links with
intenational consulting fims
though on-going collaboation
ageements and the company is
able to bing togethe intenational esouces and expetise
when equied. The company
has ecently successfully completed Intenational dono
funded pojects with alliances
and patneship with such intenational fims.
Howad Humpheys Poject
Manages woking in teams
with othe constuction pofessionals have completed
many pojects including Office
Towes, Commecial Buildings,
Housing Pojects, Banking
pemises, Powe geneation
pojects, Factoies, Hotels,
Taining institutions and many
othes.

42

Special
Specialadvertising
advertisingsection
section

The
EastAfrican
The
EastAfrican

ROLE OFXXXXXXXXXXXXXXXXXXXX
PROJECT MANAGEMENT SPECIALISTS

FEBRUARY
FEBRUARY
22-28, 13-19,
2014 2016

Project management
can beskills a must for success
Competent
project
applied across all sectors of
It is now important to identify risks
before a project begins

the economy

By EVANS ONGWAE
By EVANS ONGWAE
Special Correspondent
uently the level of
appeciation of poject
alancing theinelements
management
Kenya
a complex
poject
is isingof
and
the demand
fo
time, money,
scope
poject manages
is becoming
and people
is copoa maa equiement
fo many
jo
challenge
in
a
highly
comations.
petitive
business
envionment.
When it
comes to
pofessional
Oganisations
ae becoming
poject management
cetifully
awae
of the
to select
cation,
Jeane
W. need
Mathenge,
and
delive
pojects
successfully
PMP, anks among Aficas
especially
nowadays
as funds
tailblazes.
She eceived
he
become
moe
scace.
Poject Management PofesGlobally,
thee is aingowsional
cetication
2003 in
ing
global
tend
among
the United States
whenPoject
poject
Manages
and team
management
was inmemits infancy
bes
in attaining
pofessional
on the
Afican continent
and
poject
management
has been
passionateceticaabout the
tion.
Pojects
aesince.
investments
discipline
eve
thatAt
oganisations
undetake
to
the st Afica
PMI conachieve
thei
stategic
objecfeence concluded ecently in
tives,
egadless of
the industy,
Johannesbug,
South
Afica,
size
and typewas
of pojects.
Mathenge
one of the oldPofessional
cetications
est
cetied poject
managevalidate
the
Poject
ment pofessionalsManagin Afica.
es competence
to pefom
in
Having consulted
fo seveal
thei
ole oeading
pojects
in the US and
and diectCanaing
teams.
Those
dapojects
fo moeand
than
a decade,
in
cetications
willback
explain
what
2010 she came
to Kenya
needs
be is
done
initiating,
wheetoshe
the fo
founding
diplanning,
executing,
monitoing
ecto of Global Potocol
Soluand
contolling,
and Pofessionclosing out
tions,
a specialised
phases of a poject.
The inceased value of po-

al Poject Management (PMP)


fessional
poject
consultancy
mmanagement
egisteed in
cetications
many fo
poKenya with a has
deepled
passion
fessional
institutes such
the
poject management
andasmasPoject
Management
Institute
tey in the
discipline of
poject
(PMI)
among many othes in
delivey.
oeing
dieent
of elatOwned
and untypes
by local
ed
cetications
that
covesecaea
pofessionals
with
globally
of
pogamme
management,
ognised
cetication
in poject
eaned
value, isk
management,
the management,
companys
planning
and
scheduling,
competencies consist of ex-cost
estimating
and management,
tensive expeience
locally and
poject
management
oce,
intenationally in East
Afica,
business
analysis
many
South Sudan,
US among
and Canada.
othes.
Accoding
to
seveal
The ms coe sta bing
poject
pactitionove 20management
yeas of combined
es,
thei
discipline
is
expeience in ecientgaining
high a
high
pole globally.
pefomance,
high gowth and
Davidpoject
Kangaa,
a Quantity
matue
management
Suveyo
and a They
cetied
Poject
envionments.
successManagement
pactitione
said
fully delive pojects to clients
acquiing
pofessional
satisfaction,
egadlesspoject
of
management
skills
plays
citiisk-complexity
level;
on atime
cal
in leading and manandkey
on ole
budget.
aging
stongly
adThepojects.
m hasHe
executed
povises
that
individuals
seek
jects in
divese
sectoswho
includto
manage
pojects
inglead
ealand
estate,
infomation
should
acquie pofessional
communication
technology cetication
o acceditation
(ICT), andand
banking,
among
that
equips
themmanagement
with the eqothes.
Poject
uisite
skills- knowledge,
is a discipline
that can betools
apand
to successfully
pliedtechniques
acoss all sectos
of the
handle
the said
myiad
challenges
economy,
Ms of
Mathenge.
that
hugegives
and comIt ischaacteise
a discipline that
plex pojects.
When a poject is appoved

assued esults on quality,


time and cost by integating a
wide ange of factos such as
isk assessment, pocuement,
esoucing, communication,
planning, design and implementation.
Pojects ae tactical and
because they ae aligned to
stategic copoate objectives
they must be completed, she
added. Ou esponsibility is
to delive a poject to its completion. This is how tangible
benets ae deliveed to stakeholdes.
Ms Mathenge said, to give
Construction
in particular need certified leaders to execute for them to succeed
clients
value foprojects
money, Potocol engages closely with them
fo inteogates
execution, the
investment
aected. Clients and supevihiing additional sta. Leanand
the
copothat
had
been
allocated
fo
the
sos
may
ask
fo
changes
to
a
ing to deal with and plan fo
ate and business justicapoject
is basedthe
on poject
the evenue
poject, and it takes a stong
isk is anothe impotant piece
tion
fo stating
as
that
this
poject
will
geneate
poject
manage
to
evaluate
of poject management tainwell as why allocate a poject
completed
as well as the
each equest and decide how
ing. It is impotant to identify
awhen
paticula
cost, timelines
level
of isk that
the poject
and if to implement it, while
isks befoe the poject begins.
and
esouces.
Potocol
is al- has.
achievein
the
anticipatcommunicating the eects on
When isks ae not identied
soFailing
deeplytoinvolved
helping
budget
and
deadlines
to
all
and educed at the beginning of
ed
etun
of
investment
would
the client to mobilise the ight
a poject, they can often become
esult in unecoveable
pofessionals
on a pojectlosses
and to stakeholdes.
A
poject
sometimes
equies
issues late on.
the
poject
sponso.
establish an accuate maste
skills that the pojects sponEective poject manageWhenschedule
goals aefo
not
clealy
timeline
delivey.
identied,
the
whole
poject
and
sos
do
not
possess.
Poject
ment
skills can be leaned and
What we bing to a poject
can sue.
management taining can help
developed with quality poject
isteam
the element
of govenance;
Whentopoject
ala poject leade acquie the
management taining, said
we seve
upholdmanages
the clients
needed competencies, assess the Jeanne W. Mathenge, also a
lows the pojects scope to
inteest.
available wokes and ecomcetied poject management
extend beyond its oiginal obpactitione, adding that poject
jectives, costs and time will be
mend taining, outsoucing o

manages can help addess


communication and tanspaency issues that aect many
pojects.
She wans that a lack of accountability can bing a poject
to a complete halt. Also, if contingencies ae not identied, the
entie poject can become mied
in an unexpected set of poblems. Asking othes to identify
potential poblem aeas can
lead to a smooth and successful
poject. Poject manages povide diection at evey step of
the poject, so each team leade
knows whats expected. Eective communication to eveyone
involved in the poject is cucial
to its successful completion.
A successful poject manage
knows that epeatedly asking a team fo the impossible
can quickly esult in declining
moale and poductivity. The
odds of successfully completing
a poject unde uneasonable
deadlines ae geneally not feasible expectations.
In ode fo a poject to be
un eciently and eectively,
management must povide sufcient esouces. Poject management taining shows how to
dene needs and obtain appoval up font, and helps poject
manages assign and pioitise
esouces thoughout the duation of a poject.

Spearheading formulation of laws that govern and


regulate the practice of Construction Project Managers
Afica, Austalia and UK. The
CPM and CM Daft Bill will
facilitate eective egulation
of constuction poject management pactices.

CONSTRUCTION PROJECT
MANAGERS AND CONSTRUCTION MANAGERS
DRAFT Bill 2012
Intoduction
he Institution of Cons tuc tion
Pojec t
Manages of Kenya
(ICPMK) has been speaheading in fomulation of laws
that will goven and egulate
the pactice of Constuction
Poject Manages (CPM) and
Constuction Manages (CM).
ICPMK developed a Daft
Bill, that may be downloaded
fom www.icpmk.co.ke, in
pusuance of this objective.
ICPMK joins othe likeminded in the sensitization of
the public towad the ealization of tuly pofessional sevices fom CPM and CM.

The Backgound of Constuction Poject Management


Pactice in Kenya
ICPMK was founded in 2004
but egisteed on 26th Octobe, 2006. ICPMKs main aim
being to pomote the geneal
advancement, develop standadized body of knowledge,
set egulations and contol

Tom O. Oketch, BA (Hons)


Build Econ., MA (Constr.
Mngt.) MAAK (QS), FIQSK,
MCIArb., FICPMK,
CHAIRMAN

Claire K. Anami, BSc.


(Cum Laude) Construction
Management
HON. SECRETARY

standads of the pactice of


constuction poject management. The Achitectual
Association of Kenya stated
a Chapte of Constuction
Poject Management in 2002.
The Ministy of Land, Housing and Uban Development
(MLHUD) acknowledged the
elevance of the pofession
and substituted the title of
Depatmental Repesentative (DR) fo Poject Manage
in the constuction contact
documents. The Public Pocuement and Asset Disposal
Bill 2014 ecognize the ole
of the CPM and has inco-

poated the position in thei


standad foms of constuction contacts. The pivate
secto in the constuction
industy has not been left behind, as inceasing numbe of
pojects ae headed by CPM.
The Need fo Poject and
Constuction Manages Legislation
The Boad of Registation of
Achitects and Quantity Suveyos (BORAQS) egulates
the pactice of Achitectue
and Quantity Suveying unde CAP 525 while the Enginees Act (CAP 530) does the

Jackson W. Waihenya,
B.A. (BLDG ECONS), HONS
R.Q.S, M.I.Q.S.K/Corporate
Member, (I.C.P.M.K),
Associates of: CIArb(k),
M.A. Construction Project
Management (U.O.N.),
PhD Project Management,
J.K.U.A.T (s), Director
Quantyman Associates
Limited HON. REGISTRAR
same fo enginees. It necessay fo the pofession of CPM
and CM to stand-alone fom
the pofessions of Achitectue, Quantity Suveying and
Landscape Achitectue so as
to enhance the eectiveness of
the manageial function, paticulaly in lage and complex
constuction pojects. This is
the pactice in the moe developed counties such as South

Challenges and constaints


facing the poject and constuction manages in Kenya
Constuction management
pofession has not taken oot
in Kenya because of the following challenges:

Lack of legislation to egulate constuction management pofession


Constuction management sevices being caied out by pesons who
ae not elevantly and adequately tained
Lack of awaeness and
appeciation of the constuction management
pofessional sevices
Lack of constuction policy to ancho some of the
sevices of the constuction manage
Fo the gaduate constuction manages:
They face the challenge
of not being egisteed as
thee is no pactice standad

Lack of legal pactice documents that enumeates


the engagement tems
with clients and how
much to chage fo sevice
endeed and the esponsibilities and duties to undetake and fo what fees.
They easily fall at isk of
being unde paid o being
wiped out financially because of claims by client.

The fomulation pocess


In Mach 2012, unde the diection of the then Ministe
fo Public Woks, ICPMK was
invited as a key stakeholde in
developing sepaate Bills fo
Achitects, Quantity Suveyos and Landscape Achitects,
as sepaate pofessional entities as opposed to lumping
the thee pofessions togethe.
Vaious consultative meetings
wee held unde the auspices
of BORAQS, it was found
necessay fo the pofession
of CPM and CM to standalone fom the pofessions
of
Achitectue, Quantity
Suveying and Landscape Achitectue.

The EastAfrican
FEBRUARY 13-19, 2016

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FEBRUARY 13-19, 2016

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The EastAfrican

ROLE OF MARITIME INDUSTRY IN ECONOMIC GROWTH

FEBRUARY 13-19, 2016

GOOD BUSINESS
PORTS AND TERMINALS
EARN INCOME BY
CHARGING SHIPS
FOR THE USE OF
THEIR FACILITIES. THE
METHOD OF CHARGING
DEPENDS UPON THE
TYPE OF CARGO/SHIP
OPERATION, BUT WILL
VARY ACCORDING TO
VOLUME.

A ship ooading cargo: Building of more berths and dregding at the port of Mombasam, and expansion of Dar es Salaam port will increase eciency. Picture: File

Support facilities, shipping experts


needed to boost maritime industry
Shipping is the
backbone of the
world economy
and without it, the
world will not be as
prosperous

By EVANS ONGWAE
Special Correspondent

enya and Tanzania,


the two East Afican
nations with coastlines should stengthen thei maitime industy to
seve the egion bette. The
egion as a whole should also

MARS PROVIDES CUSTOMISED AND COST


EFFECTIVE CARGO HANDLING SYSTEMS

Ground Support Equipment


PRECISION ENGINEERING AND FABRICATORS
AIR CARGO HANDLING AND STORAGE SYSTEMS
- Elevating Workstations, Dolly Docks, Elevating Transfer
Vehicles
CONVEYOR SYSTEMS
- Ball Matt Units, Gravity Roller Conveyors
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AGENT OF ALWAYSE BALL MATT UNITS (ENGLAND)
AIRPORT BAGGAGE HANDLING SYSTEMS
- Container Dollies, Baggage Dollies, Pallets Dollies
- Slave Pallets and Container Storage Racks
STOCKIST OF ALL DOLLY WHEELS, TURNTABLES AND ROLLER
WAREHOUSE EQUIPMENTS
- Warehouse Racking, Shelving, Plastic Pallets
- Dock Levellers and Mobile Ramps
+254 (0) 202 363 026, 0720603388 info@mars-mechanical.com
P. O. Box 18169 - 00500, Industrial area, Nairobi, Kenya
No. 20, MARS BUILDING, Chepkerio Road, o Lusaka Road, Opposite CMC

gow its expot volume to maximise sea tanspot.


Accoding to Juma Tellah,
chief executive oce, Kenya
Ships Agents Association, the
egion has not fully exploited
the potential of its maitime
industy.
He obseved that high expot
volumes of aw mateials as opposed to nished poducts lead-

ing to low eanings.


He agued that the egion
must impove infastuctue
and suppot facilities as well
as tain moe shipping expets
as thee is a shotage of skilled
pesonnel.
M Tellah noted that the
maitime tanspotation is an
integal pat of the global economy, accounting fo ove 90 pe

cent of wold tade. Howeve,


the East Afican egions lack
of a stong expot base means
it impots moe than it expots. The impot-expot atio
fo most East Afican nations
stands at 80:20, epesenting a
huge imbalance.
Expectations ae high that
with the discovey of commecial deposits of oil and gas in
the egion, this balance might
change in futue in favou of the
East Afican nations.
Though gas and mineals
have been discoveed in East
Afica (Kenya, Uganda and
Tanzania) global pice instability have led to dastic cuts in
investment.
Shipping plays a vital ole in
maitime industy in paticula and in wold tade in geneal. Theefoe, shipping is the
backbone of the wold economy.
Without ships and the tanspotation sevices these ships
povide, the wold would not be
as pospeous as it is today and
many counties would not be
able to paticipate in the wold
tade.
The shipping industy is devoted to moving goods o passenges by wate. Passenge ai
tavel has seiously limited passenge tavel by sea. The enomous incease, howeve, in cetain kinds of cago, fo example,
petoleum, has moe than made
up fo the loss of passenge
tac. Although aw mateials
such as mineal oes, coal, lumbe, gain, and othe foodstus
supply a vast and still gowing
volume of cago, the tanspotation of manufactued goods has
inceased apidly since Wold
Wa II.
Maitime industies compise
ms whose activities supply
innovative poducts and sevices elated to the taditional
maitime secto. In geneal,
maitime industies include all
entepises engaged in the business of designing, constuct-

ing, manufactuing, acquiing,


supplying, epaiing and/o
maintaining vessels, o component pats theeof: of managing
and/o opeating shipping lines,
customs bokeage sevices,
shipyads, dy docks, maine
ailways.
Each secto of shipping business is distinctive with its own
special cultue and objectives.
Othe categoies include ship
nance, lawyes, and ship suveying o insuance and infomation povides. This industy also includes a signicant
component of taditional oil and
gas and enewable enegy (paticulaly wind, but also maine
tubines).
The maitime tanspotation
system is a netwok of specialised vessels, the pots they
visit, and the tanspotation
infastuctue fom factoies to
teminals to distibution centes and to makets. Fo many
commodities and tade outes,
thee is no diect substitute fo
watebone commece.
On othe outes, such as some
coastwise o shot sea shipping
o within inland ive systems,
maitime tanspotation may
povide a substitute fo oads
and ail tanspot modes, depending upon cost, time and
infastuctue constaints.
Othe impotant maitime
tanspotation activities include
feies/cuise ships, national defence (naval ships), shing and
esouce extaction and navigational sevices (vessel-assist
tugs and habou maintenance
vessels).
Pots and teminals ean
income by chaging ships fo
the use of thei facilities. The
method of chaging depends
upon the type of cago/ship opeation, but will vay accoding
to volume.
In view of tade gowth in
the industy, thee is need fo
exta space to facilitate stoage
and cago cleaance hence the
investment in Containe Feight
Stations which seve as extension of the pot.
Apat fom Southen Engineeing, East Afica lacks adequate shipyad facilities fo ship
constuction and epais.
Kenya, agued M Tellah,
needs to have a stong maitime
council compising both pivate
and govenment agencies to
pomote the maitime industy, simila to what ae happening in othe maitime nations
like in UK, Austalia, Singapoe
among othes.

The EastAfrican

ROLE OF MARITIME INDUSTRY IN ECONOMIC GROWTH

FEBRUARY 13-19, 2016

Demand for capital goods drives up cargo


A logistics partner with global
network and experience in
international forwarding is
very crucial to protability for
importers
By EVAN ONGWAE
Special Correspondent

ast Aficas potential fo cago


handling has gown exponentially as the egion moves
to ev up its industialisation
dive. Gowing egional demand fo
capital goods to dive industialisation
has inceased impots while development of domestic industies is expanding the egions expot potfolio.
Cago handling ms have invested
heavily in opeating systems such that
they ae diectly connected to the customs depatments electonic cleaing
system. This facilitates fast lodging of
enties, calculation of duties and monitoing pogess on shipments, hence
educing time taken in the cleaing
pocess.
Patneship also mattes in this
business with smat logistics povides
linking up with competent fowading
patnes with global links. The idea is
to tap into the patnes expeience and
exibility to nd the ight time-saving

PROCEDURES
WHETHER ONE IS IMPORTING OR EXPORTING,
THE LOGISTICS WILL AT ONE POINT OR
ANOTHER INVOLVE GOVERNMENT PROCEDURES
WHICH MUST BE FOLLOWED TO THE LETTER.
SUCH ARE THE DEMANDS OF BUSINESS THAT
EVERY OFFICIAL PROCEDURE INVOLVED IS
RECORDED

skills fo pompt sevice delivey.


A fowading and logistics patne
with global netwok and expeience in
intenational fowading is vey cucial
to potability fo impotes. This is
because the wold is becoming smalle
with the advancement in technology.
Impotes souce fo poducts all ove
the wold.
To get the best, impotes and expotes seek to patne with the best.
They desie to wok with a eputable
global logistics m with good undestanding and poven expeience in
both intenational and local fowading industy. In the light of scandals
mostly seen in impotation of goods,
an impote is secue when he is sue
that the logistics povide chosen is not
only able to oe cost eective sevices
but is also eputable, of good nancial
standing and has good woking elationship with all the stakeholdes in
the industy.
Fo clients who want eveything to
be done fo them by the feight and
fowading m, the task of customs
documentation, co-odination fom
pick-up points, cleaing and doo-todoo deliveies.
These ae ms that handle all Customs documentation fo impots and
expots, to and fom all elevant peshipment inspection agencies expeditiously.
Whethe one is impoting o expoting, the logistics will at one point o
anothe involve govenment pocedues which must be followed to the
lette. Such ae the demands of business that evey ocial pocedue involved is ecoded stating fom the
nal contactual ageement between
the two paties, and ending with the
delivey of the goods. Someone the
logistics sevice povide has to ensue this is done.

Whethe goods ae impoted o


expoted by sea, ai o land, Customs
document pocessing pocedues must
be followed.
Among ms engaged in the cago
handling business is Naiobi-based
Mas Mechanical Enginees Ltd.
Headed by managing diecto Jasmee
Syan, is fully equipped with in-house
machining and fabication facilities.
The ms gound handling suppot and conveyo division has gown
steadily since inception in 1990. Mas
has expanded the scope of this division and now oes stoage solutions
fo waehouses as well. We ae poud
to be involved with a majoity of the
pojects at JKIA feight aea in espect
of ou gound handling and ancillay

sevices.
M Syan said, As a full-sevice
engineeing m, ou sevices go beyond manufactuing. We ensue that
ou clients design specications meet
thei individual equiements though
close consultations and tailo made
solutions. We can see you equipment
though fom poduction to installation and stat up. Ou client-cented
policy has enabled us to build and
maintain a close, and in many cases
a long standing business elationship
with ou clients.
In conjunction with its business associates, ACS Gemany, the m now
handles pojects within and outside
the egion, most ecently in Tanzania
and Ghana Swisspot.

A locomotive
engine being
off-loaded at the
port in Mombasa.
Picture: File

Warehouses play vital role in logistics chain


By EVANS ONGWAE
Special Correspondent

aehouses, with thei associated stoage and handling


equipment, epesent a sizeable investment fo oganisations but ae vital fo the distibution of
goods. Today, an agile supply chain is moe
vital than eve, which is why waehouses
automate and use of moden equipment to
help impove opeations.
Todays waehouses have ceased to be
mee stoage sevice povides and have eally become logistical sevice povides in a
cost-ecient manne.
That is making available the ight quantity, at the ight place, in the ight time, in
the ight physical fom at the ight cost.
Moden waehouses ae automated with
automatic conveyos, compute opeated
canes and foklifts fo moving goods and
also usage of logistics automation softwaes
fo waehouse management.
They help impove distibution eciency,
labou poductivity and custome sevice.
They also help decease distibution costs
and inventoy levels. Futhe, they incease
visibility, agility, accuacy and mobility.
Consequently, smat logistics ms, etailes and othe opeatos can tun a wae-

A warehouse: Modern ones are logistical service providers. Picture: File


house into stategic advantage by inceasing the use of technology to make waehousing moe ecient.
Stoage has always been an impotant
aspect of economic development. The waehouse was initially viewed as a static unit
fo keeping and stoing goods in a scientic
and systematic manne so as to maintain
thei oiginal quality, value and usefulness.
The typical waehouse eceived mechandise by ail, tuck o bullock cat. The items
wee moved manually to a stoage aea
within the waehouse and hand piled in

stacks on the oo. They ae used by manufactues, impotes, expotes, wholesales,


tanspot business, customs.
The owne of the waehouse stands as
an agent of the owne of the goods and is
expected to take appopiate cae of the
goods.
These waehouses povide othe facilities
also like tanspotation by ail and oad.
They ae esponsible fo the full safety of
the goods. Small manufactues nd it vey
convenient as they cannot aod to constuct thei own waehouses.

Tel: +254 (0) 716 563521


Email: apmtmba@apmterminals.com
www.apmterminalsicd.co.ke

103

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EastAfrican

STATE OF MARITIME
INDUSTRY
ROLE OF MARITIME
INDUSTRY IN
ECONOMIC GROWTH

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JANUARY
23-28,13-19,
20162016
FEBRUARY

REPUBLIC OF KENYA
KENYA MARITIME AUTHORITY
ISO 9001: 2008 CERTIFIED

Enhancement of the maritime


sectors contribution to the
national economy
Regulatory framework
The Kenya Maritime Authority (KMA) was set up
in June 2004 as the Government agency that
regulates, co-ordinates and oversees the countrys
maritime aairs.

he key objective of
the Authoity is to
develop and implement
administative stuctues fo
ealisation of maitime safety
and secuity, compliance
with intenational maitime
conventions on maitime
taining, seach and escue,
pevention of maine pollution
and facilitation of tade. The
Authoity implements maitime
policies aimed at ceating an
enabling envionment fo
development of national capacity
to supply and optimally use
maitime tanspot sevices.
Enabling Policy fo the
maitime secto
While the countys stategic
location along the Indian Ocean
Coast and its inland wates
bestows it with good pospects
fo becoming a maitime
economy, the full economic
potential of Kenyas ove 600km
of coastal ocean and the inland
wates emain lagely untapped.
Realising the countys maitime
potential equies establishment
of esouces in the maitime
secto and development of the
ight stategies fo sustainable
use in changing the livelihoods
of Kenyans. The value of Kenyan
wates need to be quantied
and developed to suppot

tansfomation of the maitime


secto fo the bette.
To this end, the Ministy of
Tanspot and Infastuctue
in liaison with KMA initiated
the development of an
Integated National Maitime
Policy (INMP). The policy will
haness inte-agency synegies
fo development of the secto
and eliminate obstacles that
impede the oveall contibution
of the maitime secto to
the national economy. It is
expected to combine social,
economic, technical and
scientic infomation to enable
esouce management agencies
undestand the tadeos and
consequences of thei decisions,
as well as bing togethe vaious
oganisations to solve poblems
that may extend beyond thei
taditional oles.
The key anticipated outcomes
of the INMP ae impoved
knowledge tansfe between
businesses, science and
education and enhanced
innovation in the use of Kenyan
wates fo ceation of new
employment oppotunities.
Eciency of maitime
tanspot sevices
KMA developed standads fo
maitime tanspot sevices in

DEVELOPED STANDARDS
KMA DEVELOPED STANDARDS FOR
MARITIME TRANSPORT SERVICES IN
THE COUNTRY. THE STANDARDS STATE
OBLIGATIONS OF INTERVENERS IN THE
CARGO CLEARANCE PROCESSES, IDENTIFY
KEY PERFORMANCE INDICATORS AND SET
UP TIMELINES FOR DELIVERY PROCESSES.

the county. The standads state


obligations of intevenes in
the cago cleaance pocesses,
identify key pefomance
indicatos and set up timelines
fo delivey pocesses. With
a monitoing famewok
that enables establishment
of compliance with the
standads, it will be possible
to identify weak links in the
logistics chain fo eective
intevention. The esulting
impoved accountability among
sevice povides will boost the
oveall eciency and educe
tanspotation costs in the
egion.
Some of the key pefomance
indicatos of the standads wee
incopoated into the Mombasa
Pot Community Chate that
has enabled monitoing oveall
pefomance of the pot and
Nothen Coido. Developed
though the public and pivate
secto collaboation, the
Mombasa Pot Community
Chate povides a famewok of
collaboation that binds the Pot
Community togethe to specic
actions, collective obligations,
tagets and time lines. KMA
consolidates quately epots of
all signatoies to the Chate and
co-odinates eview meetings on
the status of compliance with the
Chate.
Impoving Maitime Education
and Taining
The competence of seafaes
is cucial in the safe and
ecient opeation of ships,
and has a diect impact on
the safety of life at sea and
the potection of the maine
envionment. Futhemoe,
seafaes competence boosts
thei employability in the highly
competitive and intenational
cew labou maket.

James Macharia, Cabinet Secretary,


Ministry of Transport & Infrastructure
Development (KICD), developed
a national maitime cuiculum
fo taining Kenyan seafaes in
line with the amended Standads
of Taining, Cetication
and Watchkeeping (STCW)
Convention. The Authoity is
futhe developing teaching
guides and student manuals to
ensue unifomity of taining
in all accedited taining
institutions. The cuiculum
encompasses atisan couses,
caft in maine engineeing and
nautical sciences, diploma in
maine engineeing and nautical
sciences, degee in maine
engineeing as well as mandatoy
and advanced STCW couses.
Additionally, KMA has
developed a ceticate and
diploma cuiculum fo
maitime tanspot logistics
to addess the skills gap in
shoe based activities in the
shipping industy. The couses
ae designed to equip tainees
with elevant knowledge, skills
and attitudes fo pefomance
of cleical and supevisoy
duties in pocessing of shipping
documents, managing pot
opeations, undetaking cago
and ships cleaance, intepeting

Mrs. Nancy Karigithu,


Principal Secretary, Shipping &
Maritime Affairs, Ministry of
Transport & Infrastructure

contact documents in shipping


business, complying with
envionmental conventions, laws
and egulations, supevising
logistics and multimodal
tanspot opeations and
pefoming ship boking
activities.
The cuiculum is expected to
enhance the maitime secto
contibution to the national
economy as envisaged in Kenyas
Vision 2030 as it will boost skills
that attact investments in the
secto.
Inceased maitime
investments
Constuction of a second pot in
Lamu, a stategic infastuctue
poject, is expected to have
majo impact on geopolitical
investments in the wide East
Afican egion, which may
extend to Cental and West
Afica. Recent discoveies and
expected exploitation of oshoe
oil and gas ae also expected
to aise the volumes of cago
thoughput and put pessue
on the development of pot
and auxiliay infastuctue.
Implementation of an integated
maitime policy also pomises
CONTINUED NEXT PAGE

In cognizance of this, KMA


in collaboation with the
Kenya Institute of Cuiculum
Mr. Mwalimu Digore Kitambi,
Chairman, Kenya Maritime
Authority Board of Directors

Mr. Adams Cherop,


Ag. Director General,
Kenya Maritime Authority

The EastAfrican

Special advertising section

FEBRUARY 13-19, 2016

KENYA MARITIME AUTHORITY

The EastAfrican
STATE OF MARITIME
INDUSTRY
ROLE OF MARITIME INDUSTRY IN ECONOMIC GROWTH

Increased Maritime investments

JANUARY 23-28, 2016

REPUBLIC OF KENYA

ISO 9001: 2008 CERTIFIED

FROM PREVIOUS PAGE

new oppotunities in the secto


fo maitime pofessionals and
inceased economic activities in
the maitime secto.
KMA is einventing itself and
putting esouces on enhancing
its pesence and ealization of its
mandate acoss the county in
eadiness fo enhanced vibancy

of the maitime secto. The


Authoity aims at facilitating the
tansfomation of the maitime
secto into a key dive fo wealth
and job ceation in the county
and has set up banch oces in
Lamu, Kisumu, Tukana and
Lake Baingo in pepaation fo
the tasks ahead.

Remarks by the
Principal Secretary,
State Department
of Shipping and
Maritime Aairs

he State Depatment
of Shipping and
Maitime Aais was
established by His Excellency
the Pesident to haness the
potential of the secto on
ealisation that the maitime
secto needed evamping
to contibute positively to
the national economy. The
fomation of a Shipping and
Maitime Aais Depatment
suppots an ecient, safe
and envionmentally fiendly
maitime tanspot system,
which povides an eective
egulatoy famewok fo
shipping and envionmental and
safety egulations.
The main functions of the State
Depatment of Shipping and
Maitime Aais ae;
Delivey of a obust egulatoy
egime that pioitises safe
shipping, fey divesication
and the potection of the maine
envionment fom the advese
eects of shipping. This includes
a ange of tasks and functions
elated to the potection of the
maine envionment fom the
advese eects of shipping,
contibuting to the development
of othe Kenyan Govenment
envionment policy as it elates
to shipping.
To ovesee the implementation
of the above policies though
vaious legislation that have

been developed on the taining


and cetication of seafaes,
maitime secuity, seach
and escue, Pot State contol
egulations unde the Mechant
Shipping Act among othes;
Addess aeas that ae
fundamental to building a
sustainable domestic maitime
skills base, shaping stategic
esponses to the skills issues
facing the maitime industy,
and building stategic and
poductive woking elationships
acoss the maitime and taining
sectos. Cuent focus is on
evitalising the Kenya National
Shipping line;
The Depatment has also
embaked on the development
of an Integated National
Maitime policy to aise visibility
of Kenyas maitime domain
and economic potential. The
policy seeks to povide a moe
coheent appoach to maitime

issues with inceased blue


gowth in aquacultue, coastal
touism, ocean enegy, mining
blue biotechnology, ocean
govenance, maine eseach
knowledge, integated maitime
suveillance and secuity.
The key focus is in the
development of the Integated
Maitime Policy whee the
key anticipated outcomes will
be to encouage investments
and incease co-odination,
impoved knowledge tansfe
between businesses, science and
education as well as enhanced
innovation and ceation of new
employment oppotunities
in a sustainable maitime
envionment.
To enhance the countys image
globally, the Depatment has
consistently paticipated in
vaious maitime foums. Kenya
is a membe of the Intenational
Maitime Oganisation (IMO)
and has been e-elected to

KEY FOCUS
THE KEY FOCUS IS IN THE DEVELOPMENT
OF THE INTEGRATED MARITIME POLICY
WHERE THE KEY ANTICIPATED OUTCOMES
WILL BE TO ENCOURAGE INVESTMENTS
AND INCREASE CO-ORDINATION, IMPROVED
KNOWLEDGE TRANSFER BETWEEN
BUSINESSES, SCIENCE AND EDUCATION

the IMO Govening Council


since 2002 to date. With the
e-election, Kenya has been able
to attact technical co-opeation
suppot in capacity building
among them; equipping of the
Regional Maitime Rescue Coodination Cente in Mombasa,
taining of pot state contol
pesonnel and consultancy in
the development of the Maine
Pollution Opeations Bill.
On mattes of secuity, piacy
and maitime situational
awaeness, Kenya ecently
signed the Mombasa Potocol,
an initiative of the Fou Centes
(4Cs) unde the Djibouti Code
of Conduct (DCoC) fo piacy
epoting. The Mombasa
Potocol is in line with the
Djibouti Code of Conduct that
commits its paties to setting a
egional famewok to einfoce
the domain of co-opeation fo
maitime situational awaeness
and taining. In paticula it
aims to foste synegies and
consistency by connecting
initiatives to povide a wokable
maitime situational awaeness
to its Membe States and
Beneciay States by widening
the Scope beyond piacy and
poviding a legitimate basis
fo the enhanced scope of coopeation.
To boost safety and secuity
of ou inland wates, the
Depatment in collaboation
with the Lake Victoia Basin

commission is cuently
undetaking;
Chating and mapping of the
lake
Installation of Aids to
Navigation
Negotiating with Afica
Development Bank (AfDB)
to develop and equip Seach
and Rescue centes.
The above initiatives will boost
the safety of Lake Victoia and
will be eplicated in othe inland
wates of Kenya.

It is essential to develop the


nations seafaes qualications,
skills and expeience fo the
competitive intenational
cew labou maket. The
implementation of amended
Standads of Taining,
Cetication and Watch-keeping
fo Seafaes (STCW) and the
Maitime Labou Convention,
2006 will foste the appopiate
competencies in Kenyan seafaes
and impove thei woking
conditions.

11

The EastAfrican
The EastAfrican

12

FEBRUARY 22-28, 2016

ROLE OF MARITIME INDUSTRY IN ECONOMIC GROWTH


STATE OF MARITIME INDUSTRY

FEBRUARY 13-19, 2016

Special advertising section

Kenya maritime authority set to roll out


curriculum for land based maritime training
KMA has developed certicate and diploma curriculum
for maritime transport logistics to address the skills gap
in the shipping industry. The
Maritime curriculum which
is set to be rolled out this
year has been developed
in collaboration with the
Kenya Institute of Curriculum
Development (KICD) and
the Ministry of Education,
Science and Technology.

ollowing this, KMA


launched a one week
Taining of Taines
Wokshop at the Nyali
Intenational Beach hotel on
9th Febuay, 2016, to equip
potential instuctos with the
equied knowledge to delive
the Cuiculum and sensitize
them on the pocedues of
its acceditation. Once olled
out, potential candidates will
be expected to egiste fo the
land based maitime taining
pogams at institutions

appoved to offe the


couses. The Kenya National
Examinations Council
(KNEC) will offe extenal
examinations to tainees in all
modules coveed duing the
taining. The KNEC will issue
the candidates with esult
slips fo Modules passed and
a final Cetificate o Diploma
in Maitime Tanspot
Logistics. At the end of the
couse, a gaduate should be
able to pefom among othe
duties pocessing of shipping
documents, managing pot
opeations, undetaking
cago and ships cleaance
with elevant authoities,
intepeting contact
documents in shipping
business, complying with
envionmental conventions,
laws and egulations,
supevising logistics and
multimodal tanspot
opeations and pefoming

ship boking activities.


Leading local maitime
taining institutions and
stakeholdes have expessed
thei inteest in offeing
the couses that have been
developed. The Authoity is
also in the pocess of assessing
potential taines to ensue
effective delivey of the
cuiculum. This will enable
the Authoity access thei
capacity fo taining as well
as detemine the availability
of the necessay esouce
pesons fo the pogam. The
hamonized land based
Cuiculum and maitime
taining system is expected to
enhance the maitime sectos
contibution to the national
economy as envisaged in
Kenyas Vision 2030, the
long-tem national planning
and development stategy. It
is also expected to boost skills

TRAINING
LEADING LOCAL MARITIME TRAINING
INSTITUTIONS AND STAKEHOLDERS HAVE
EXPRESSED THEIR INTEREST IN OFFERING THE
COURSES THAT HAVE BEEN DEVELOPED.

development in the county


which will attact investments
in the maitime secto.
The Kenyan maitime secto
has a geat economic potential
that still emains untapped,
patly because
of the
shotage of skilled manpowe
in among othe aeas
logistics, shipping finance,
pot management, maine
insuance and ship chateing.
The Kenya Maitime
Authoity (KMA) egulates
and ovesees the countys
maitime tanspot sevices in
egad to quality, availability

and cost stuctues as povided


fo in the Mechant Shipping
Act 2009. With this oveall
objective of ensuing odely
development and competitive
povision of maitime
tanspot sevices in the
county, the Authoity is keen
on the quality of sevices of
pots and teminal opeatos,
shipping lines, ships agents,
cleaing & fowading agents,
containe feight stations
(CFSs), cago consolidatos,
empty containe depots and
customs sevices at the pot of
Mombasa.

A lighthouse
tower at
Kizingo area
in Mombasa
used for
navigational
of marine
pilots
accessing the
Mombasa
port

There is still room for improvement in all port operations


By GITONGA MARETE
Special Coestpodent

uently, fo evey fou


impot containes of
goods only one containe is expoted, placing an
immense cost and opeational
buden on shipping lines and
The Kenya Ships Agents Association (KSAA) is concened
by the excessive time it takes
to etun empty containes
to shipping lines nominated
depots, saying if not checked,
it might ceate a cisis in the
logistics chain.
Kenya and East Afica in geneal suffes an imbalance in
tade (moe impots than expots), meaning at least 75 pe
cent of containes ae expoted
empty ceating an opeational
buden.

HAZARDS OF POLLUTION
INDUSTRIALIZATION BROUGHT
WITH IT THE WONDERS OF
TECHNOLOGY BUT ALSO THE
HAZARDS OF POLLUTION AND
WASTE PRODUCTION SINCE
POLLUTION IS AN INEVITABLE
BY-PRODUCT OF ANY ECONOMIC
ACTIVITY

This then calls fo epositioning, which in shipping tems


means the etuning of empty
containes to whee they can
be loaded with cago, and in
Kenyas case they ae etuned
to Asian counties.
KSAA Chief Executive Office
Juma Tellah says that cuently, fo evey fou impot
containes of goods only one
containe is expoted, placing
an immense cost and opeational buden on shipping
lines and agents as they eposition the containes to key
expot locations such as Asia.
The ate at which containes
ae etuned to the shipping
lines is vey low and this is
causing a poblem in the logistics chain. Some containes
ae neve etuned and if not
addessed it is going to cause a
cisis in the secto, he said.
M Tellah also said that implementation of some ules
by some agencies involved in
cago cleaance at the pot
wee exposing shipping lines
to unnecessay costs, paticulaly when undocumented
cago get etained on ships,
adding that thee is a need to
launch patial manifest to fa-

Juma Tellah, KSAA


Chief Executive Officer
cilitate pe-aival cago cleaance, if the cleaing pocedues
ae to be speeded up. Implementation of submission of
patial manifest will also assist
the cleaing agents to pesent
documents fo cago on the
basis of its oigin. This pactice
is in foce in Tanzania.
In Kenya we wait fo the
entie manifest and submit
as one document which
causes delays due to the isk
management pocedues and
appoval pocedues. Some of
these pocesses ae done when
the vessel has aleady aived,
exposing shipping lines to

additional opeating costs of


unning the ship which depending on the size can cost
up to $25,000 pe day, he
says. He howeve added that
they have held discussions
with KRA and ae optimistic
that the pocedue will soon be
adopted at the pot.
Accoding to M Tellah, tansshipment business at the pot
of Mombasa has been stifled
by the intoduction of token
bonds that is supposed to
seve as secuity fo the cago,
chaged at about Ksh1,000
($9) pe containe on top of
Customs cleaance chages
paid to cleaing agents.
Although Ksh1,000 ($9) is
not a lot of money, this bond
should not apply in the fist
place because if a shipping line
has 1,000 containes that is a
Ksh1 million ($10,000) which
comes as an additional cost to
business, he says.
On taining, M Tellah says
Bandai College in Mombasa
should be popely funded to
tain pesonnel to un opeations in the maitime secto,
and calls on the cental and
Mombasa county govenments
to ensue the institution is

tuned into a taining cente of


choice fo the egion.
Howeve, despite the challenges, M Tellah is optimistic
that impovement of efficiency
at the pot; investment in
cago handling equipment and
the cuent expansion and the
new 1.2 million TEU teminal
unde development following
the dedging of the channel
and constuction of beth 19,
will tun the pot into a egional business hub.
The Kenya Ships Agents Association pomotes efficiency
and eliability in shipping
pactices and management in
ode to attain highe standads. The association woks
closely with elevant govenment depatments and agencies in the logistics business.
The business of logistics is
a complicated one and thee
ae occasional disageements
on vaious issues. But I think
its fai to say we all espect
one anothe and the jobs we
do. We always aim fo a constuctive dialogue and quickly
aim to addess specific sevice
failues o complaints whee
possible, says M Tellah of the
oganisation.

Philip Luswata, one of Ugandas pioneer film and TV producer.


Frank Whalley on East African artists who are selling abroad.
Tanzania police break up poaching ring after pilot killing.

PIII
PVIII
PIX

THE MAGAZINE
theeastafrican.co.ke February 13-19, 2016

BOOK REVIEW

REVOLT AGAINST
THE WEST
PVI-VII

An aerial view of
Istanbul, one of
the first centres of
Islamic intellectual
life. Pic: file

II

MAGAZINE

FREQUENT
FLYER

The EastAfrican FEBRUARY 1319,2016

UPGRADING: Carriers point out that they are improving their services by
buying new aeroplanes, installing larger overhead bins, upgrading their
entertainment systems and refurbishing airport lounges all improvements
that customers can see.

CUT AIRPORT STRESS

How to stay
calm before
check-in

Knowing the traffic situation in the capital cities


and major towns in the region, driving to and from the
airport can be a nightmare.
Uganda is the worst, since the airport is about 41km,
by road, southwest of Kampalas central business
distict and most travellers tend to be coming from the
city. On a bad day, it can take two hours or more to get
to the airport.
The Jomo Kenyatta and Julius Nyerere international
airports, in Nairobi and Dar es Salaam respectively,
are much closer to the city but the traffic jams in both
capitals are so atrocious it can take more than an hour
to get there from the city centre.
Frequent flyers have learnt over time that it is better
to arrive at the airport with hours to spare and relax at
the executive lounge, or proceed to an early check-in
and put in some work, especially if you are travelling
for business or a conference.
Of course, an even easier option is to check in online
and when you finally get to the airport, you just check
in your bags and proceed to board.
In more advanced airports, you check in online,
arrive at the airport, find the self service kiosk and
choose your own seat, print a boarding pass and
baggage stickers then drop off your bags at the
baggage drop counter and proceed to board. This is
already possible at the JKIA after the major upgrade
last year.
The idea of getting to the airport with time to spare
is meant to cut out the stress and anxiety generated
by possibilities of getting held up in traffic or any other
emergencies, resulting in missed flights or getting
bumped off the flight and onto the next, which can be
costly for travellers who have a whole itinerary planned
out to the last detail of connecting flights or airport
pick-ups for important meetings.
- Sara Bakata

AIRLINES REAP
CASH, FLYERS
GET PEANUTS
Jad Mouawad, New York Times

elped by falling oil prices,


airlines are reporting record
prots, but for many passengers this sudden bonanza has
meant little more than extra bags of
free peanuts.
The four biggest US domestic
carriers American Airlines,
Southwest Airlines, Delta Air Lines
and United Airlines together
earned about $22 billion in prots
last year, a stunning turnaround
after a decade of losses, bankruptcies and cutbacks. A big reason for
this is the plunging price of jet fuel,
which now costs only a third of what
it did just two years ago.
But that windfall is only slowly
nding its way down the aisles. Days
after reporting record prots, for
instance, two of the nations biggest
airlines brought back free snacks.
Airfares, however, have remained
stubbornly high.
Rick Seaney, co-founder of
FareCompare.com, says airfares
have been essentially stable for
the past two years except on some
routes where airlines have faced
competition from low-cost carriers.
Analysts say there is little mystery why. A decade of consolidation

Frequent flyers
are not feeling
the positive
effects of a drop
in fuel prices.
Pic: File

has reduced the number of airlines


competing in many markets, making
it easier for dominant carriers to
charge more for ights.
At the same time, demand is
rising, meaning ights are full and
airlines have few incentives to discount fares.
For now, airline executives have
been clear about their priorities
to show improvements in their
nancial performance.
This means emphasising acceptable returns on invested capital
by raising dividends, buying back
more shares and paying down debt.
It does not mean using the savings
from fuel costs to nance the type of
market share battle that proved so
damaging before the industry began
to consolidate.
In a twist baing to many passengers, the airlines have kept some of
the surcharges that were introduced
a few years ago when oil prices were
rising, according to George Hobica,
founder of Airfarewatchdog.com.
These fuel fees can still be found on
many international ights just
under a dierent name.
They simply folded them into
the fares, Hobica said. They call
them carrier surcharges and fees.
They just dont call them fuel surcharges.

Representatives from the major


airlines insist that the extra charges
are part of the cost of doing business and are not tied just to the cost
of fuel.
Petrol prices and home heating
bills have not fallen as fast as oil
prices, but those declines have still
been much more substantial than
the drop in airfares.
Airlines maintain that consumers
are beneting from their improved
nancial performance, and that airfares are shrinking, albeit slightly.
Average ticket prices fell 3 per
cent to $385 in the second quarter
last year, the most recent period
for which gures are available,
according to the US Department
of Transportation. Airlines have
reported that the trend has since
continued.
Carriers also point out that
they are improving their services
by buying new planes, installing
larger overhead bins, upgrading
their entertainment systems and
refurbishing airport lounges all
improvements that customers can
see. At the same time, rank-and-le
employees are getting bonuses, and
new labour agreements show gains
that were unimaginable just a few
years ago.
If there is any crack in the airlines
fare structure, it is, not surprisingly,
in markets where upstart carriers
have provided vigorous competition.
But such bargains have not trickled down to Jonathan Aberman, a
venture capitalist in Washington
who ies often. He said he had seen
absolutely no change in the cost of
his airline tickets in recent years.
Its very straightforward,
Aberman said. Weve allowed
the industry to monopolise. As a
result, they have enormous pricing
power.

FEBRUARY 1319,2016 The EastAfrican

OFF
DUTY
ABOUT HIM

Talented
thespian also
writes, directs

III

PROFILE: Philip Luswata is one of Ugandas most celebrated


pioneers of theatre and film. He shares his interests and daily
life away from the spotlight

I CAN ONLY RELAX


IN MOMBASA
Andrew I Kazibwe, Special
Correspondent
Whats your passion away from the
spotlight?
I love playing Ludo, a board game,
with my friends. Some people may
think it is only a game of luck, but
I believe it relates to life and how
chances are tossed your way. What
matters is how you use them.
If you hadnt become an actor, what
do you think you would have been?
Chances are that I would have
become an engineer. I did well in sciences in high school, but on reaching
A level in high school, I had already
made up my mind to become an actor,
and so opted to take divinity, history,
literature and ne art.
What typifies your personal style?
My personal style is very relaxed. It
shows in my dress and temperament.
How do you manage your wardrobe?
(Laughs), Uhmm, I think my wardrobe manages me. As long as I feel
comfortable in what I am dressed in,
then I am okay.

Philip Luswata. His career in the theatre and film


industry spans over 20 years. Currently, he is a lecturer
at Makerere Universitys Department of Music, Dance
and Drama. The 44 year-old also writes and directs
episodes of Makutano Junction a Kenyan television
drama, that has been on air since 2007.
Philip Luswata is the founder and director of the
Theatre Factory, Ugandas pioneer stand-up comedy
group. He is a renowned comedian in East Africa and
besides Makutano Junction also stars in Centre 4.
He writes, acts and produces stage plays, feature
films, TV commercials and series, radio dramas and
plays. He currently teaches film, television, radio and
theatre at Makerere.
He has a diploma is music, dance and drama, a
bachelors degree in drama from Makerere University
and an MA in communication studies from Leeds
University.
He has written plays like Quiet and We hear, which
was adapted into a radio drama for the BBC. He also
worked on a series for M-Net called Maka Close and on
Barbed Wire, which aired on NTV- Uganda.
Luswata has been a Royal Court Theatre residence
in London and also to Sundance Institute Theatre Lab
in Utah as an observer. He is one of the 2011 Sundance
Institute East Africa lab alumni.

MAGAZINE

When in East Africa, where are you


most likely to be whiling away your
time on a Saturday afternoon?
I spend most of my time in Nairobi
over the weekends, mainly because
its where my family is. I usually catch
up with some wazee (old friends) at
Nairobis West Mall, a place called
Corridor.
What is your favourite
destination in East Africa?
It has to be Mombasa. Being
anywhere else whether in
Uganda, Kenya or Rwanda
means that I am working, but
Mombasa is my relaxation
destination. I think I just
have social friends in Mombasa (laughs).
(Top left) Philip
Luswata on
stage. (Right) the
actor when being
interviewed.
Picture: File and
Andrew I Kazibwe

Which places are on your


must-visit list?
I am not adventurous, and I dont
yearn to travel much. But, I adapt to
wherever life takes me, especially
through my work.
What do you see as East Africas
greatest strength?
East Africans are very sociable
and friendly people, and this is
our strength.
What kind of things do you
collect? I love James Bond
movies, so I collect original
DVDs.

Whats the most thoughtful gift you


have ever received?
It was a drawing of me, done a few
years ago by Victoria Nanziri, my
daughter, who is now 13 years old.
The drawing touched me, mainly
because it represented how she saw
me. She was in nursery school at the
time. I have it framed it and hanging
on my wall to this day.
Whats the best gift youve given?
I am not a gift giver. Even my wifes
birthday will come and I forget it.
But, the idea that I am able to take my
family for a holiday every year, is
the best gift that I can give.
Your last great read?
I am not a great reader,
but being a teacher and a
playwright, I do not have
a choice. I always carry
a copy of The 48 Laws
of Power by Robert
Greene with me. The
book talks about how
to manage yourself
around people.

Which movie has had an impact on


you?
Titanic, because of its strong storyline.
Whats your favourite music?
My taste in music usually depends
on my mood. I do like local country
music.
What is your favourite website?
I Google a lot, but I have a fascination with death sentences. I love
reading sites on the death sentence.
I am writing a play titled Condemned Section Thirteen,
which deals with the
death penalty. I always
check for information
on deathpenaltyworl
dwide.org
What is the one
constant thing in
your fridge?
I love whisky. There
is always a bottle of
Johnie Walker in my
house.

IV

MAGAZINE

The EastAfrican FEBRUARY 1319,2016

BOOKS

DARK WAR: Parents are killed in front of their children. Friends are
separated. Faithful workers become looters and murderers. Children
are forced to drop toy guns and pick up real ones.

LANGUAGE

Quelle horreur:
France wants to
kill the circumflex

BOY INTERRUPTED:
LIBERIAS BLOODY
WAR
Gloria Mwaniga, Special
Correspondent

In France, the land of Molire, questions of language


are so sacred that every Thursday the immortals,
the guardians of the French language at the Acadmie
Franaise, meet to discuss among other things
proposed changes to the institutions vaunted
dictionary.
The last complete edition of the dictionary was
published in 1935, according to the academy, and
changes evolve over centuries. The newest complete
edition is not finished the authors have reached the
letter R.
So it was perhaps not surprising that tempers
flared this past week after a news report from the
broadcaster TF1 that changes were afoot to cut
back the circumflex accent, known as the hat, from
French-language textbooks.
Adding to the horror, the report said that as of
September, when the new school year began, teachers
would also have to make changes affecting about
2,400 French words, including spelling oignon or
onion as ognon.
Among the words appropriated from English, news
reports noted, the hyphen in week-end would be
eliminated, along with the hyphen in tictac (now tic-tac,
or ticking, like a clock), while leader would be given a
French makeover and be spelled leadeur. Nnuphar, or
water lily, would be spelled nnufar.
The reaction on social media was harsh and swift, as
intellectuals, teachers and traditionalists took to Twitter
to vent their anger at what many saw as an attack on
centuries of culture and history.
In a sign of the frenzy inspired by the changes, Je
suis circumflex became a popular hashtag on Twitter
an allusion to Je suis Charlie, the rallying cry used
to show solidarity after the satirical newspaper Charlie
Hebdo was attacked by terrorists early last year.
In fact, the circumflex is becoming optional on is and
us, and only on those words that do not need it. It will
remain mandatory in several French verb tenses and
when there is a clear distinction in meaning.
But for all the outrage, the Education Ministry said
the changes were nothing new and that, in fact, they
had been approved by the Acadmie Franaise in 1990
as optional recommendations that many textbooks and
schools had chosen to ignore.

- Dan Bilefsky, NYT

any children in Africa had


their childhoods yanked
from them by early marriage, war and even religion. From
the schoolgirls kidnapped by Boko
Haram in Chibok, Nigeria, to orphans
in South Sudan, child soldiers in
Sudan and refugees in Burundi,
childhood for many African children
is no longer a time of carefree bliss
and play breaks.
Children are nding themselves
participating in or aected by war.
They are not woken up by the sound
of birds chirping but by gunre.
Liberian writer Saah Millimono,
in his debut novel Boy Interrupted
published by Kwani Trust, takes us
through one of Africas darkest wars
through the eyes of a young boy. The
Liberian civil war, which lasted over
a decade and is said to have been
one of the bloodiest in history, saw
hundreds of thousands killed and
millions displaced.
As the novel starts, Millimonos
protagonist, 10-year-old Tarnue, is
enjoying an ordinary childhood in
Monrovia. His parents and siblings
are alive, and his worries range from
roaming around the estate to ghting with his two sisters.
Millimonos recall of childhood
is vivid. He charms us into wearing rose-tinted glasses and going
on adventures with him; from
frog-hunts in swamps to the great
outdoors.
He writes: There was touch, a
game that involved running across
squares and ducking from your
opponents who stood across the
lines. Then there was boskili, in
which everyone would carry a stick
and a tin cup, stand behind a line
and then throw the cup so that it
fell into a bucket angry, sullen and
full of revenge, we used to throw our
cups so hard sometimes aiming at
the master himself that when he
would send them ying back to us,
tears would come to our eyes and
some of us would burst out crying.
Sadly though, the childhood games
do not last. Tarnue is taken away
from home to live with his uncle. His
uncles wife, a cruel woman, turns
the boy into her slave.
In addition, Tarnue is whipped

and abused. Then along


comes Kou, a dark, slim
and beautiful little girl, a
classmate of Tarnue and
the daughter of a big man
in the government.
The story then talks
about friendship. It blossoms. The teenagers come
of age and then, inevitably,
there are sexual feelings
and attractions that arise
between them.
Then comes the war.
Parents are killed in
front of their children.
Friends are separated.
Faithful workers become
looters and murderers.
Children are forced to
drop toy guns and pick up
real ones.
Tarnues education is
interrupted. He becomes
a boy soldier called Rebel
Baby. The war rages on,
an endless nightmare of
charred skeletons, the
stench of dead bodies,
skulls and marijuana.
Millimono tells us how
the decade long war in
Liberia came to be, and
the politics, which began
with assassinations and
ritual killings to topple
then president Samuel
Doe. When Charles Taylor
broke out of prison and
returned to Liberia, the
army turned its wrath
on innocent villagers in
Nimba County. This led to massacres, rape and ethnic tension, which
turned the citizenry against Does
government.
Millinono paints a grim picture of
how those who were meant to protect citizens ended up as predators
instead. He writes, In those days,
when you saw a government soldier, you became cold all over. The
eyes of the soldiers had the glow of
hot coals and they reeked of opium
smoke. Their faces bore the marks of
hardened criminals who come from
prisons into the army; they went
about brandishing army knives and
ring in the air at random.
Millimono succeeds in blurring
the line between fact and ction. In
doing so, he proves that the novel is

alive and alert, and brushes shoulders with real men and women.
There are glimpses, albeit faint, of
hope, with the entry of the Economic
Community of West African States
(Ecowas) peacekeepers who end up
being Tarnues saviours.
Millimonos writing is similar
to that of Ernest Hemingway. The
short, disciplined journalistic sentences and the dialogues remind
me of A Farewell to Arms. Yet Millimono is denitely his own man. He
creatively coins dierent versions of
spoken English and uses them cleverly to stratify social classes.
Millimonos gift is his observant
critical eye that makes him execute
the task with skill, seriousness and
sobriety reserved for seasoned
penmen.

Boy
Interrupted,
by Saah
Millimono.
Picture: David
Vilembwa

FEBRUARY 1319,2016 The EastAfrican

WHATS
ON
CONTROVERSY

Quit chieftainship
SA traditional
leaders tell
Mandela kin
Mandla Mandela. South African traditional leaders
want Nelson Mandelas grandson Mandla Mandela
to relinquish his position as chief of Mvezo, a Xhosa
community in the Eastern Cape province, following his
wedding to a Muslim woman.
Mandelas most well-known grandson has reportedly
converted to Islam, his new brides religion, and
traditional leaders say he cannot lead his people as
a Muslim. He married Rabia Clarke last week and
immediately issued a statement saying: I wish to
extend my heartfelt gratitude to Rabias parents,
her extended family and the Muslim community, for
welcoming me into their hearts.
In fact, TV channel Islam International recently
reported that Mr Mandela converted to Islam two
months ago.
Provincial chairperson of the Congress of Traditional
Leaders of South Africa, Chief Mwelo Nonkonyane, said
they were concerned by the conversion. We reacted
with shock to the news of his conversion. We were
very concerned. What we know is that the woman
converts, not the man. That is our custom, he said.
He added that they were also baffled that he decided
to marry without any traditional leaders present at the
ceremony.
Traditional leaders dont marry secretly. He should
have been represented by the traditional council of
Mvezo. He is the leader of the people of Mvezo. We
are still trying to locate him to get answers, Chief
Nonkonyane added.
- Peter Dube (Africa Review)

MAGAZINE

ACCOMPLISHED: Saxophonist started his music career at the age of


8 when he learned to play the piano. He played with Ugandas leading
bands Qwela and Code 9 until 2012 when he decided to go solo.

BRIAN MUGENYI AND


HIS LOVE FOR SAX
Bamuturaki Musinnguzi, Special
Correspondent

genre alive by making it relevant


to the lifestyle, economic and technological systems of the day, so
that even the younger generation
can identify with
it without feeling like its a
thing of the
past or it
belongs

or 28-year-old saxophonist
Brian Mugenyi, 2016 promises
to bring good tidings. He is set
to release his second album titled
Dawn mid this year. The album
features a variety of styles ranging
from the 80s funk and soul, to the
latest electronic dance music and
neo-soul.
Dawn has 15 tracks including Set
Apart, Gold Medal, Dawn, Stop Playing and Kamungolo.
Mugenyi started playing the piano
at the age of eight. For ve years in
tertiary education he studied music
at the Africa Institute of Music in
Kampala, where he trained through
a series of music-related course
units majoring in classical piano
and minoring in saxophone. He
later enrolled at the Hanguk Christian Music Conservatory in South
Korea where he trained intensively
in the saxophone and piano for
three months under the instruction
of Maria Park Kim, who holds a PhD
in music.
I had always wanted to be
a performer; and for me the
sax stands out as the perfect
instrument. In my opinion,
it is the closest sound to the
human voice and can do a lot
more than the voice can and
is a very showy instrument
due to its elegant look.
It can also be played
anytime,
anywhere
and is not very bulky,
Mugenyi told The
EastAfrican.
Although Mugenyi
admits that many
people still view
jazz as music for
corporate events or a
white mans passtime,
he believes that that perception is slowly changing
as more people appreciate the genre. The same
white man still enjoys
music from Sauti Sol or
Davido or Chameleon.
Much as jazz cannot be
said to be a mainstream
genre today, it is widely
enjoyed in the region
and I believe people in
East Africa appreciate it
just the way they apprecaite other genres.
I believe that as musicians
we have an obligation to keep the

Brian
Mugenyi
Pic: Courtesy

to a certain group of people, he


adds.
Mugenyi played with Ugandas
leading bands, Qwela and Code 9,
until 2012, when he decided to go
solo.
In 2012 I got to a point where I
felt I needed more and not just in
terms of money, but also growth as
a brand. I wanted the world to hear
and see what I had to share of my
own creations. This prompted me to
go solo and I have been able to travel
to various countries and perform as
an individual. It hasnt been easy,
but it is a road worth taking and is a
lot of fun, he says.
He has performed in Uganda,
Kenya, Zanzibar and Zambia, and
played with artistes such as Richard
Bona, Phil Denny (during Jazz Under
the Stars, 2013), a jam session at Red
Monkey Jambiani with Blitz Ambassador (2015), Juliana Kanyomozi,
Damian Soul, Bebe Cool and Zimbabwes Alexio Kawara, among
others. He shared the stage
with the great Salif Keita
at the 2015 Jahazi Literary and Jazz Festival in
Zanzibar.
Mugenyi released his
rst album tilted Take
Time in 2013. It is a collection of gospel tunes
redone in various
relaxing styles with
Baraka and Take Time
as the fans favourites.
The sax is one of the
few instruments that
if played
skillfully
can evoke a range of
human emotions. That
I know because I have
been evoked to sadness, excitement and
jealously by it many
times, the accomplished saxophonist and
singer-songwriter added.
He plays both the soprano
and alto saxophone.
Mugenyi says that the
kind of music he plays
ranges between the genres
of Afro-fusion, pop, soul
and R&B with elements
of jazz.
Besides the sax, piano
and bass guitar, he also
plays Ugandan traditional instruments like
the amadinda, Buganda
traditional drum set and
the bass adungu. He
sings in baritone.

VI

MAGAZINE

COVER
STORY

FEBRUARY 1319,2016 The EastAfrican

The EastAfrican FEBRUARY 1319,2016

MAGAZINE

VII

OPPONENTS OF IMPERIALISM
THE REVOLT AGAINST THE WEST AND THE REMAKING OF ASIA
BOOK REVIEW: Author Pankaj Mishra knows his subject and writes
well for the general reader while maintaining tough-minded accuracy,
erudition and attention to sources.
Dana April Seidenberg, Special Correspondent

conservative, mostly Western


school of thought deems the
colonisation of Asia, Africa et
al by European powers a signicant
intervention in the development of
those remote regions of the world.
The Indian essayists and author Pankaj
Mishra is however not a fan of this
school of thought. From the
Ruins of Empire is a searing condemnation of the
whole catastrophe and
not a work recommended
for those who prefer their
history lite.
An exciting, revelatory
excursion into the intellectual
thought-worlds and cultural
landscapes of the anti-imperialist East, Mishra shifts the
centre of world history to Asia
as he moves backwards and
forwards in time from the l9th
century to the present.
An acclaimed Indian public
intellectual with several published works to his name, he
synthesises standard histories
while adding some shocking
material peppered with exceptional insights those of his
protagonists and his own. In
reclaiming history for its owners
the majority of the worlds
population he highlights the
activities of Asian anti-imperialist
political activists and intellectuals.
Inevitably, he examines the generally unexplored terrain of early
violent anti-Westernism and exclusionary Islamic unity. The work goes
a long way to explaining the current
face-o between bewildered Western
powers and network of angry, seemingly indefatigable jihadi movements
such as ISIS or Daesh and/or Osama
bin Ladens Al Qaeda.
Mishra knows his subject and writes
well for the general reader while
maintaining tough-minded accuracy,
erudition and attention to sources.
Rather than a neat, chronologically
ordered phalanx of facts, pithy biographies of anti-colonial whistle-blowing
reformers and engaged intellectuals
many of whom are unfamiliar (to this
reviewer) are spliced into the text.
Reprising the philosophical underpinnings and actions of those outstanding
early political activists who courageously
catalysed mid-to-late 20th century Inde-

pendence movements against European


overseas empires not only enlivens the
narrative, it also returns human agency
to the often painful struggles of faceless
indigenous victims against the onslaught
of the European megalomaniacs misadventures.
By leaping in various geographical
and chronological directions, parallels are not only drawn

between early resistance such as the


Indian Mutiny and Boxer Rebellions but
also later 20th century liberation movements as well as those still underway.
Beginning in the mid-l9th century
scores of courageous individuals
throughout Asia began countering the

eects of a long-forgotten era of frightening European gangsterism. Since the


1550s, British East India Company men
employing extreme violence had been
in the business of brigandage seizing
resource-rich territory far beyond their
own borders for personal commercial
prot as well as for the investors back
home. Elsewhere, European interlopers
thought nothing of burning down the
Chinese Summer Palace in Beijing or
assassinating the last heirs of Indias
Mughal Empire.
To the occupiers the social contours of
indigenous terrain the well-managed
political and economic arrangements of
often remarkably self-contained societies and people perfected over time
were of no signicance. The eorts
of imperial propagandists in the form
of elaborate tracts and tropes on modernisation, progress, democracy and
development were utilised to keep the
underlying systemic transformation
concealed. Euro-American global dominance in service to a particularly virulent
form of parasitic industrial capitalism
was hidden away. It still is.
In shifting world historys vantage
point eastward, Mishra looks to the
continent of Asia as dened by the
Aegean Sea dividing Asia from Europe,
and (surprisingly) Africas Nile River as
its Western border. Asserting that: The
central event of the last century . was
the intellectual and political awakening
of Asia and its emergence from the ruins
of both Asian and European empires.
Mishra employs this conceit as the
centrepole around which his narrative
revolves. Who, he asks were the main
thinkers and doers who have been left
unexamined and even unimagined?
Mishra parades a whole cast of prolic,
remarkably, peripatetic cosmopolites
who often stood together to confront
adversity in troubled lands. Reviewing
overlapping issues and identities with
larger solidarities such as pan-Asianism, pan-Islamism and pan-Arabism,
he examines the similarities in their
individual intellectual structures as he
gives context and connection to their
activities.
Mishra is particularly keen to delineate the wide-ranging life trajectory of a
Persian cleric named Jamal al-Din alAfghani who is today revered in Iran as
the intellectual godfather of the Islamic
Revolution. Al-Afghani espoused a
bold and sometimes heretical formula
of Islamic unity and anti-Westernism
that amazingly managed to spread in
a short time across nearly the entire
Muslim world. His version of revolutionary messianism led him to reside
in Delhi, Kabul, Istanbul, Cairo, Tehran,
London, Moscow and Paris. He was
constantly meeting other notables such
as the Siberia-born Ibrahim. Educated
in Medina, Ibrahim was the author of a
widely read work entitled The House of
Islam that recorded his extensive trav-

called the Paris Commune and laws of


governance in a Western country.
In China, where the old system of
monarchy grounded in the precepts of
Confucius was in decline, Liang Qichao
and Kang Youwei sought to instill Confucianism with political reform. A Gandhi
had done with the Bhagavadgita and
al-Afghani with the Koran, Kang sought
to make political advancement and mass
mobilisation a central concern of Confucius himself.
Mishras work is not just another predictable, airless rant against the West.
Despite Asias economic and cultural
dynamism in the 18th century, most
admitted Europes competitive edge
was a product of its own clearly superior
political, military and nancial organisation. Europes conscript armies,
ecient taxation, codied laws, capital-raising joint-stock companies and
information-rich societies of enquiry
and debate all interacted to form a
formidable and decisive advantage as
Europe began dismembering Old Asia.
Even more amazing was that they could
project this power thousands of miles
away from home.
European humanitarian eorts were
admittedly also everywhere in evidence.
In Mishras own country, India, Sir
Sayyid Ahmed Khan, an ocial of the
East India Company, was an avid proponent of Western-style education for
Muslims. Assisted by British educators,
he set up Aligarh Muslim University,
today a famous academic institution in
the northern Indian town of the same
name that is esteemed throughout the
world.
In Mishras hands, Asian history
becomes a vital weapon in service to
modern liberation movements. Against
the mega-sin of moral complacency, his
rendering of the past instils a sense of
unease, propelling one to reect on ones
own involvement in ongoing liberation
struggles. Championing anti-occupation eorts for the reclamation of stolen
lands in all of Historic Palestine, Tibet
and many would add, Native America
against those settler-colonial regimes
still forcibly entrenched in their respective nations may be the right place to
start.

Above, right:
In China where
the old system
of monarchy
grounded in
the precepts of
Confucius was
in decline
Right: Tehran
in the days of
Jamal al-Din
al-Afghani. Pic:
from the book

els in Siberia, Manchuria, Japan, Korea,


China, Southeast Asia, India, Arabia
and Istanbul. He suggested that the
innumerable religious wars in Europe
following Martin Luthers Reformation (1483-1546) had helped hone the
organisational skills of many European
countries, which had led to modern civilisation and to imperial expansion.
Al-Afghani for his part mentored,
among hundreds of others, Afghanistans foremost writer and thinker,

Mahmud Tarzi (1865-1933). Tarzi began


his political education during a stint
with al-Afghani in Istanbul.
Out of Egypt, the rst non-Western
country to modernise, the great scholar
Rifaa Badawi Ra al-Tahtawi (1801-73)
arrived in Paris where he spent ve
years studying the French Revolution
and its egalitarian constitution, providing Egyptians and other Arabic speakers
with a full political account of the successful, if short-lived political uprising,

INEVITABLY THE
AUTHOR EXAMINES
THE GENERALLY
UNEXPLORED
TERRAIN OF EARLY
VIOLENT ANTI
WESTERNISM AND
EXCLUSIONARY
ISLAMIC UNITY.

VI

MAGAZINE

COVER
STORY

FEBRUARY 1319,2016 The EastAfrican

The EastAfrican FEBRUARY 1319,2016

MAGAZINE

VII

OPPONENTS OF IMPERIALISM
THE REVOLT AGAINST THE WEST AND THE REMAKING OF ASIA
BOOK REVIEW: Author Pankaj Mishra knows his subject and writes
well for the general reader while maintaining tough-minded accuracy,
erudition and attention to sources.
Dana April Seidenberg, Special Correspondent

conservative, mostly Western


school of thought deems the
colonisation of Asia, Africa et
al by European powers a signicant
intervention in the development of
those remote regions of the world.
The Indian essayists and author Pankaj
Mishra is however not a fan of this
school of thought. From the
Ruins of Empire is a searing condemnation of the
whole catastrophe and
not a work recommended
for those who prefer their
history lite.
An exciting, revelatory
excursion into the intellectual
thought-worlds and cultural
landscapes of the anti-imperialist East, Mishra shifts the
centre of world history to Asia
as he moves backwards and
forwards in time from the l9th
century to the present.
An acclaimed Indian public
intellectual with several published works to his name, he
synthesises standard histories
while adding some shocking
material peppered with exceptional insights those of his
protagonists and his own. In
reclaiming history for its owners
the majority of the worlds
population he highlights the
activities of Asian anti-imperialist
political activists and intellectuals.
Inevitably, he examines the generally unexplored terrain of early
violent anti-Westernism and exclusionary Islamic unity. The work goes
a long way to explaining the current
face-o between bewildered Western
powers and network of angry, seemingly indefatigable jihadi movements
such as ISIS or Daesh and/or Osama
bin Ladens Al Qaeda.
Mishra knows his subject and writes
well for the general reader while
maintaining tough-minded accuracy,
erudition and attention to sources.
Rather than a neat, chronologically
ordered phalanx of facts, pithy biographies of anti-colonial whistle-blowing
reformers and engaged intellectuals
many of whom are unfamiliar (to this
reviewer) are spliced into the text.
Reprising the philosophical underpinnings and actions of those outstanding
early political activists who courageously
catalysed mid-to-late 20th century Inde-

pendence movements against European


overseas empires not only enlivens the
narrative, it also returns human agency
to the often painful struggles of faceless
indigenous victims against the onslaught
of the European megalomaniacs misadventures.
By leaping in various geographical
and chronological directions, parallels are not only drawn

between early resistance such as the


Indian Mutiny and Boxer Rebellions but
also later 20th century liberation movements as well as those still underway.
Beginning in the mid-l9th century
scores of courageous individuals
throughout Asia began countering the

eects of a long-forgotten era of frightening European gangsterism. Since the


1550s, British East India Company men
employing extreme violence had been
in the business of brigandage seizing
resource-rich territory far beyond their
own borders for personal commercial
prot as well as for the investors back
home. Elsewhere, European interlopers
thought nothing of burning down the
Chinese Summer Palace in Beijing or
assassinating the last heirs of Indias
Mughal Empire.
To the occupiers the social contours of
indigenous terrain the well-managed
political and economic arrangements of
often remarkably self-contained societies and people perfected over time
were of no signicance. The eorts
of imperial propagandists in the form
of elaborate tracts and tropes on modernisation, progress, democracy and
development were utilised to keep the
underlying systemic transformation
concealed. Euro-American global dominance in service to a particularly virulent
form of parasitic industrial capitalism
was hidden away. It still is.
In shifting world historys vantage
point eastward, Mishra looks to the
continent of Asia as dened by the
Aegean Sea dividing Asia from Europe,
and (surprisingly) Africas Nile River as
its Western border. Asserting that: The
central event of the last century . was
the intellectual and political awakening
of Asia and its emergence from the ruins
of both Asian and European empires.
Mishra employs this conceit as the
centrepole around which his narrative
revolves. Who, he asks were the main
thinkers and doers who have been left
unexamined and even unimagined?
Mishra parades a whole cast of prolic,
remarkably, peripatetic cosmopolites
who often stood together to confront
adversity in troubled lands. Reviewing
overlapping issues and identities with
larger solidarities such as pan-Asianism, pan-Islamism and pan-Arabism,
he examines the similarities in their
individual intellectual structures as he
gives context and connection to their
activities.
Mishra is particularly keen to delineate the wide-ranging life trajectory of a
Persian cleric named Jamal al-Din alAfghani who is today revered in Iran as
the intellectual godfather of the Islamic
Revolution. Al-Afghani espoused a
bold and sometimes heretical formula
of Islamic unity and anti-Westernism
that amazingly managed to spread in
a short time across nearly the entire
Muslim world. His version of revolutionary messianism led him to reside
in Delhi, Kabul, Istanbul, Cairo, Tehran,
London, Moscow and Paris. He was
constantly meeting other notables such
as the Siberia-born Ibrahim. Educated
in Medina, Ibrahim was the author of a
widely read work entitled The House of
Islam that recorded his extensive trav-

called the Paris Commune and laws of


governance in a Western country.
In China, where the old system of
monarchy grounded in the precepts of
Confucius was in decline, Liang Qichao
and Kang Youwei sought to instill Confucianism with political reform. A Gandhi
had done with the Bhagavadgita and
al-Afghani with the Koran, Kang sought
to make political advancement and mass
mobilisation a central concern of Confucius himself.
Mishras work is not just another predictable, airless rant against the West.
Despite Asias economic and cultural
dynamism in the 18th century, most
admitted Europes competitive edge
was a product of its own clearly superior
political, military and nancial organisation. Europes conscript armies,
ecient taxation, codied laws, capital-raising joint-stock companies and
information-rich societies of enquiry
and debate all interacted to form a
formidable and decisive advantage as
Europe began dismembering Old Asia.
Even more amazing was that they could
project this power thousands of miles
away from home.
European humanitarian eorts were
admittedly also everywhere in evidence.
In Mishras own country, India, Sir
Sayyid Ahmed Khan, an ocial of the
East India Company, was an avid proponent of Western-style education for
Muslims. Assisted by British educators,
he set up Aligarh Muslim University,
today a famous academic institution in
the northern Indian town of the same
name that is esteemed throughout the
world.
In Mishras hands, Asian history
becomes a vital weapon in service to
modern liberation movements. Against
the mega-sin of moral complacency, his
rendering of the past instils a sense of
unease, propelling one to reect on ones
own involvement in ongoing liberation
struggles. Championing anti-occupation eorts for the reclamation of stolen
lands in all of Historic Palestine, Tibet
and many would add, Native America
against those settler-colonial regimes
still forcibly entrenched in their respective nations may be the right place to
start.

Above, right:
In China where
the old system
of monarchy
grounded in
the precepts of
Confucius was
in decline
Right: Tehran
in the days of
Jamal al-Din
al-Afghani. Pic:
from the book

els in Siberia, Manchuria, Japan, Korea,


China, Southeast Asia, India, Arabia
and Istanbul. He suggested that the
innumerable religious wars in Europe
following Martin Luthers Reformation (1483-1546) had helped hone the
organisational skills of many European
countries, which had led to modern civilisation and to imperial expansion.
Al-Afghani for his part mentored,
among hundreds of others, Afghanistans foremost writer and thinker,

Mahmud Tarzi (1865-1933). Tarzi began


his political education during a stint
with al-Afghani in Istanbul.
Out of Egypt, the rst non-Western
country to modernise, the great scholar
Rifaa Badawi Ra al-Tahtawi (1801-73)
arrived in Paris where he spent ve
years studying the French Revolution
and its egalitarian constitution, providing Egyptians and other Arabic speakers
with a full political account of the successful, if short-lived political uprising,

INEVITABLY THE
AUTHOR EXAMINES
THE GENERALLY
UNEXPLORED
TERRAIN OF EARLY
VIOLENT ANTI
WESTERNISM AND
EXCLUSIONARY
ISLAMIC UNITY.

VIII

MAGAZINE

The EastAfrican FEBRUARY 1319,2016

ART

GALLERIES: Mwaura joins the list of distinguished East Africans abroad, adding
lustre to the arts scene with a show that pays homage to memories of his mother

TATTOOS

With this ink,


I thee wed

Valentines Day often finds couples speaking of love


and lasting commitment. Some have concluded that
there is no finer way to celebrate eternal love than by
showcasing it on ones ring finger with a tattoo.
Once you get it, theres no turning back, said
Christopher Forsley, who was married in July to Sarah
Patterson in Santa Monica, California. For Forsley, 30, a
comic book writer, and Patterson, 28, a cake maker, the
factors driving their decision to get inked came down
to cost, minimalism and timing oh, and the fact that
Forsleys brother is a tattoo artist.
Were both broke and not materialistic, Forsley said.
We liked the idea that this wasnt an object, but rather
something that was going to become a part of us.
Mike Martin, the owner of Flesh Skin Grafix Tattoo
in Imperial Beach, California, said, I see maybe one
couple a week, which is a lot considering five years ago
almost no one was asking for them.
Given the permanence of tattoos, inked-on rings are
generally for those who have recently been married
rather than simply engaged. Surprising ones intended
with an unexpected trip to a tattoo parlor, perhaps on
one knee, may not go over as expected.
A proposal isnt always forever, and the wedding
may not happen, said Martin, who is also the president
of the Alliance of Professional Tattooists. Like the ink
itself, he added, Once the knot is tied, its far more
permanent.
Tattooed-on wedding rings come in an array of
designs. Among the most popular are branding the
wedding date, spouses name or initials onto the finger.
Some designs are simple; a monochrome squiggle line
or the infinity symbol around the digit. Some favour
words: always, forever or together.
Those who go for inked-on rings are often looking
for a different kind of wedding experience to go along
with them.

- Alix Strauss, NYT

AN INCISIVE ARTIST
WITH UNIQUE STYLE
Frank Whalley, Special Correspondent

ast African artists sell well abroad. Recent art fairs


and auctions are evidence of that.
But there is another strand to the regions art that
is equally powerful, and that is the presence of several
internationally acclaimed artists within the diaspora.
Prominent among them are Wangechi Mutu, until
recently based in New York, while in and around London
are the studio potter Magdalene Odundo and the performance artist and sculptor Arlene Wandera.
Now there is someone else to add to the list a growing
talent and one to note.
He is Ngene Mwaura, based in California and already
earning a reputation as an incisive artist with a unique
style.
He has enjoyed success after starting out around 2000
with the rst of a series of major projects, Bike Art Africa,
that saw him cycling around Kenya and Tanzania creating art on the way.
Since then he has taken part in 23 group exhibitions
and nine solo shows in the US, mostly in California at
Santa Monica, Pasadena and Los Angeles.
In between he has illustrated books, painted bikes, created the sleeve of a jazz album and executed murals.
With a record like that it is no surprise to nd Mwaura
has form. He once shared a studio with Peterson Kamwathi and Thom Ogonga at the Kuona Trust when it was
based at the National Museums of Kenya. They studied
printmaking together.
Traces of those days remain embedded in Mwauras
current work, which although mostly mixed media on
board, retains echoes of the rened lines we associate
with etching.
The mixed media turns out to be acrylic paint and
black marker pen and can be seen in an exhibition of 18
of his more recent paintings at the One-O gallery in
Rosslyn, Nairobi, until February 23.
Entitled Black Angels have Red Wings, these works
spring from the sense of loss he felt over his mothers
death.
Solace came through painting and, he makes it clear,
the companionship and support of a women called Nadia,
who receives recognition in the painting A Love Story, of
which Mwaura comments, The story this painting tells
is about being open to receive love and acknowledging
the beauty that comes with tragedy.
It is unusual in that a majority of the larger works are
strongly vertical, typical of which is the humorously selfdenigrating My Other Life was a Warthog.
Two of the smaller works appealed to me; one called
Wide which was of a fantasy head in crimson with bright
blue accents and another head, The Chief, reminiscent of
the gold burial mask of Tutankhamun.
At times I was reminded too of drawings I once saw by

Right: My
Other Life was
a Warthog.
Below left,
The Chief, and
right, Wide,
by Ngene
Mwaura.
Pictures: Frank
Whalley

schizophrenic patients; the similar echoing lines, tense


contours piled against each other until the paper almost
seemed to vibrate, similar detailed hatchings and the
wildly staring eyes and distorted faces seen in some of
Mwauras work.
There are hints in the networks of tiny marks balanced
by intense colour of the nervous energy found in the
paintings of Paul Klee, the 20th century Swiss-German
artist who fused Surrealism, Expressionism and Cubism
to produce paintings that danced on the wall.
Klee, a renowned colour theorist, forged his own path,
working alone and in spite of his accumulations of isms
produced paintings and etchings of a unique style. He
took what he wanted from many schools and bent them
to his will.
Like Klee, Mwaura loves colour, using a brilliant
palette in which crimson, ultramarine and a beguiling
yellow predominate.
He controls his compositions with a subtle hand, the
backgrounds often rough monochrome washes from
which his gures leap out at you, fully realised and with
lives of their own.
This is a sophisticated painter whose busy works tease
and tempt the eye.
They deserve attention and command respect.
Frank Whalley runs Lenga Juu, an arts and media consultancy based in Nairobi

FEBRUARY 1319,2016 The EastAfrican

DISCOVERY

MAGAZINE

SERIOUS PROBLEM: Poaching is a serious problem in Tanzania.


According to the most recent elephant census, published in June 2015,
the country has 43,000 elephants, down from 109,000 in 2009.

BORN FREE TERRITORY

The land of
kopjes and Elsa
the lioness
Erick Nyawara, the guide at Leopard Rock Lodge,
took us along a path that Joy Adamson probably
walked with one of her cats, either Elsa the lioness or
Pippa the cheetah. The Murera river flows along the
beautiful lodge fashioned as huts painted earth red.
We were at Meru National Park, 350km from Nairobi.
This was one of the places that Joy made home in the
1960s living months in the kopjes. The kopjes look
like ancient obelisks.
I was awed by the sheer expanse of the land. Around
us were beautiful savannah plains all the way to the
horizon.
There is the armoury where Joy apparently kept her
guns it is a simple cement block. And that was her
bedroom, wedged between the rocks.
Across the road we explored other kopjes on higher
ground. On clear days, you can see Mount Kenya from
here.
Back at Leopard Rock Lodge where we were staying,
a small museum reveals some of the history of the
park, its flora and fauna.
The park has had the largest translocation of
animals 1,750 relocated over a period of five years.
Where once elephants hid at any sound, there was now
a herd by the roadside splattered in the red dust of
Meru, and rhino grazing on the plains.
The park was made famous in the 1960s by Joy
and George Adamson, who reintroduced their beloved
lioness Elsa into the wild in Meru National Park. They
wrote a book about their experience which was made
into a feature film Born Free a ground breaking
movie; the first to depict wild animals as endearing
creatures, whose plight the audience could sympathise
with. George Adamson continued to work with lions,
living to the south of Meru National Park, until his death
in 1989. Both Joy Adamson and Elsa the lioness are
buried in Meru National Park.
There are 14 rivers running through the park.
From the park it is easy to do game drives into
Bisaniadi Reserve and meet the Malka cultural group,
showcasing the rich Borana heritage.
Meru National Park covers 1,800 sq km, and is the
core of an ecosystem that includes Kora, Bisandi, North
Kitui and Rahole Reserves, an additional over 5,000 sq
km of wilderness.

- Rupi Mangat

TANZANIA
POACHING RING
BROKEN UP

Willy Lowry, New York Times

n investigation into
the death of a British
helicopter pilot who
was looking for poachers
near Serengeti National Park
has uncovered a criminal
poaching ring led by a rogue
intelligence ocer, the Tanzanian authorities said on
Monday.
After a week-long manhunt
that involved house-to-house
searches in villages surrounding the reserve, at least nine
people have been arrested
in connection with the death
of the pilot, including Iddi
Mashaka, a former police
ocer who used his current
position as an intelligence
ocer with a regional conservation authority to help the
poachers travel undetected,
said Lazaro Mambosasa, the

regional police commissioner.


With the arrests, the authorities said, the ring has been
dismantled.
The pilot, Roger Gower, 37,
was shot on January 29 while
conducting
anti-poaching
surveillance over the Maswa
Game Reserve. He and a colleague, Nick Bester, came
across a newly killed elephant
and circled back to take a
closer look, and their helicopter was shot at by poachers
who were apparently still at
the scene, the police have said.
A bullet from a .458 hunting
rie punctured the oor of the
helicopter and ripped through
Gowers leg and shoulder. He
managed to land the helicopter, but died from his injuries
before help could arrive.
Among those arrested was
the gunman, Njile Gonga, 28,
who led the police to the rie,

hidden on his roof, and to tusks


he had taken from the elephant,
Mambosasa said.
The countrys National and
Transnational Serious Crimes
Investigation Unit teamed up
with the police and the local
authorities to nd the suspects, one of whom was chased
hundreds of kilometres to
Dodoma.
We took this very seriously,
said Maj Gen Gaudence Milanzi,
permanent secretary of the
Ministry of Natural Resources
and Tourism. We put a lot
of eort into catching these
poachers.
Poaching is a serious problem
in Tanzania. According to the
most recent elephant census,
published in June 2015, the
country has 43,000 elephants,
down from 109,000 in 2009.
In November 2014, the
country formed a task force

to investigate poaching. The


task force has made a number
of high-prole arrests in
recent months, including that
of Yang Feng Glan, a Chinese
citizen suspected of exporting
thousands of tonnes of ivory to
China. She is awaiting trial in
Dar es Salaam.
Since the task force was
formed, it has made more than
1,000 arrests.
Gower worked for the
Friedkin Conservation Fund
and grew up in Birmingham,
England. He trained as an
accountant, but on the day he
qualied for the job, he quit and
started travelling the world, his
brother Max Gower said in an
interview.
His travels eventually took
him to Florida, where he
trained to become a helicopter
pilot. He was very much his
own man, his brother said.
Roger Gower had worked in
East Africa for the last seven
years, spending time in Kenya
and Tanzania. Going to Tanzania, he had an opportunity to
y and look after animals and to
watch animals, and it was a lot
of things he loved all rolled into
one, Max Gower said.
Roger Gowers family has set
up a crowdfunding campaign
in his honour that has already
raised more than 50,000
pounds ($72,000), money
they hope will be used to help
combat poaching in Tanzania.

IX

MAGAZINE

The EastAfrican FEBRUARY 1319,2016

LEISURE

ON LOCATION: Headlining the show will be three-time Grammy


Award winner Branford Marsalis accompanied by Belgian Jazz and
Classical music pianist and composer Jef Neve among others

JAZZ LOVERS

EAST AFRICA DIARY


Half-marathon. Run with Kenyas First Lady at
the third edition of The First Ladys Half Marathon.
Proceeds go to the Beyond Zero campaign. Register
either for the 21km, 10km or 5km races. Venue:
Nyayo Stadium: Date - March 6: Charges - Ksh1,500
($15)
Exhibition. Meet the Zebra People at the Nairobi
National Museum in an exhibition by the Zebra
People and Mia Collis in collaboration with the
Grevys Zebra Trust.
Venue - National Museums of Kenya, Nairobi: Date
- Feb 7 - 29
Art. Black Angels have Red Wings an exhibition
of works by Ngene Mwaura. This series is about his
struggle dealing with his mothers illness leading to
her death.
Venue - One Off Gallery, Rosslyn, Nairobi: Date
- Up to Feb 23
Dog show. The Annual Ladies Kennel Association
Championship Dog Show is an all breed dog show. A
great place to meet breeders and other dog lovers.
Venue - East African Kennel Club, Nogong Road,
Nairobi. Dates - Feb 20 and 21: Time: 9am - 5pm
Charges - From Ksh200 ($2).

A Special Correspondent, East African

his years Safaricom International Jazz Festival will be held


at the Kasarani Safaricom Stadium, in Nairobi on February 21. The
venue was changed from the Racecourse where it was held last year so
that the organisers can handle the
volume of trac comfortably.
Headlining the show will be saxophonist Branford Marsalis.
The three-time Grammy Award
winning artiste has had an impressive career that includes touring with
rock star Sting and British singer Phil
Collins, with his band, the Branford
Marsalis Quartet, enjoying the honour
of having the Best Instrumental Jazz
Album on iTunes in 2012.
We are glad to announce that
Branford Marsalis will grace the third
edition of the Safaricom International
Jazz Festival. To make the festival
more exciting, weve put together an
impressive line-up of illustrious Jazz
performers from the Middle East,
Europe, South Africa and Kenya, said
Bob Collymore, CEO, Safaricom.
Our goal, since we launched in February 2014 has been to make Nairobi

SIMPLE CROSSWORD

Saxophonist Branford Marsalis.


Pic: Courtesy of Safaricom

CRYPTIC CROSSWORD

ACROSS

1. Capital of Burundi.
(9)
6. Morse Code letters
for Help! (3).
8. Group of witches.
(5)
9. Ape/bishop. (7)
10. For example. (2
11. Dupe/artice. (5)
12. Mountain top. (4)
15. Try hard. (6)
16. Spin/twirl. (6)
19. Team. (4)
20. Part of cricket
equipment. (5)
21. Symbol for iron. (2)
24. Involve in dispute.
(7)
25. S. African tribe. (5)
26. Stop living. (3)
27. Hit or miss. (9)

DOWN

1. Financial
supporters. (7).
2. A dance. (4)
3. Tree that grows in the inter-tidal zone
(8)
4. Similar to. (4)
5. Carefully analyze/undo. (6)
6. Astronaut. (8)
7. Glossy/silken. (5)
13. Trustworthy/believable. (8)
14. Reading, learning diculty. (8)
17. Green gemstone. (7)
18. Fast pace of an animal. (6)
19. Horse. (5)
22. Blunt weapon. (4).

an internationally recognised hub


of Jazz music and I believe the wide
array of performers that have graced
Safaricom Jazz concerts so far has
shown that we are indeed committed
to giving Kenyans world-class concerts right here at home, he said.
Belgian Jazz and Classical music
pianist and composer Jef Neve, Italian
duo Giampaolo Nuti and Francesco
DOrazio, Maya Beltsitzman and
Matan Ephrat from Israel,
Shabaka
Hutchings
from the UK and
Siya
Makuzeni
from South Africa,
will join Marsalis
on stage for a performance that is
set to satisfy even
the most critical of
Jazz music enthusiasts.
Two Kenyan bands
AfroSync Band and
Edward Parseen and
the Dierent Faces
Band will get a chance
to share the stage with
the
internationally
acclaimed artistes.

23. State of unconsciousness. (4)

LAST WEEKS SOLUTION


ACROSS: 1 Scrawl, 4 Detour, 9 Ugali,

10 Nest-egg11 No, 12 Proud, 13 Fill, 16


Kybosh, 17 Signal, 20 Grin, 21 Sever, 22
In, 25 Example, 26 Octet, 27 Treaty, 28
Skinny.

DOWN: 1 Sputnik, 2 Rear, 3 Waitress, 5

East, 6 Obedient, 7 Regal, 8 Snout, 14


Abdicate, 15 Firework, 18 Lengthy, 19
Leper, 20 Great, 23 Spot, 24 Stun.Grand,
23 Beta, 24 Rain

ACROSS
1 Fly into a rage at failure to
nd sandal (4-4)
6 Unconventional exit (3-3)
9 Ugly mob after nervous pal
coolness is required (6)
10 Church with a candid
clergyman (8)
11 Delicacy got from fair goes
o (4,4)
12 Female let down in the
prime of life (6)
13 Transfer duke speedily (4,4,4)
16 Dread arrest (12)
19 Sexy Italian breaking heart?
The reverse (6)
21 Leave out sailors sh (8)
23 Priggish girl, 12 (8)
24 Support reportedly
required by Austrias rst
capital city (6)
25 Mistreated a book,
second-hand (6)
26 Conjectures made by
rightwingers
entertaining
ambassador (8)

8 All that is
acceptable in
revolutionary
rhyme (8)
13 Novel had to
contain right
dates (4,5)
14 Murder in the
Spanish Main
it involved
Drake,
ultimately (9)
15 Adam,
apparently, had
one
piece of pork
(5,3)
17 Budding
early in north,
with
a pleasant smell
(7)
18 Few panic
catching cold
(6)
20 Social set
boast over duke (5)
22 Card trickster (5)

2 Scoundrel after drink for pet (6)


3 Examine top of posh gown (5)
4 It may be dicult to get out
of bra, thinly fashioned (9)
5 Constable I included as very
good painter (7)
6 Conict involving hospital
and fellow in dock (5)
7 A tuna in foil, newly cooked (9)

LAST WEEKS SOLUTION


ACROSS:
1 Procrastinate 10 Cabinet 11
Moliere 12 Avid 13 Taper 14 Left 17
Exhaust 18 Terrrain 19 Herring 22
Battery 24 Oast 25 Aloof 26 Dash
29 Gallant 30 Electra 31 Fresh
approach

DOWN:
2 Rubbish 3 Cone 4 Attract 5
Tempest 6 Nile 7 Theresa 8 Scrape
through 9 Beaten by a head 15
Putin 16 Crate 20 Rustler 21
Galatea 22 Booze up 23 Elastic 27
Dais 28 Memo

FEBRUARY 1319,2016 The EastAfrican

FOOD

MAGAZINE

XI

ROMANTIC: A steak Diane, a classic of mid-20th-century fine dining


that was generally prepared tableside in a whoosh of brandy flame, an
excellent choice. It is still remarkable in its amorous promise

VALENTINES DAY

Pairing your
meal with a well
chosen vintage
As the wine culture catches on in Nairobi, Valentines
Day is the perfect time to indulge in a glass or two.
Indeed the wine you choose is so important that
Chef Mohsine from Pango restaurant at the Fairview
Hotel in Nairobi says he prepares the meal according
to your selection.
At a wine tasting event for The Secret Vineyards
range of wines by BSG, Mohsine said, After the diners
order their wine, I then recommend what they should
have with it.
Sommelier Brilliant Rendani of Secret Vineyards says
Kenyans are more aware about what wine they would
like with their food.
And wine and food blogger Jean Wandimi suggests
that more events should be held to educate people on
how to pair their food with wine.
Now wine is being produced in the country using
grapes grown locally. Rift Valley Winery, makers of
Leleshwa Wine, recently unveiled a new look for their
range of wines.
Rift Valley Winery chair Pius Ngugi said, If you
look at the time we have been in operation, wine
consumption has simply moved from being considered
a foreign drink, and has gained gaining an appreciation
locally. A good bottle of wine captures a time and place,
and this is what I hoped for when I grew the very first
vines in Kenya.
The new look Leleshwa offers a snapshot into
the art of establishing vineyards and wine making
on the Equator, a process that has taken 20 years
to understand and that can only get better with an
increasingly discerning market and growing lifestyle
class.
Rendani says that, to be a sommelier, one needs to
study geography, geology, art and music in addition to
spending time in the vineyard, cellar and restaurant.
So raise a glass this Valentines, with a well-paired
meal, music and art, and celebrate love.
- Susan Muumbi

MAKE YOUR
DINNER AT
HOME THIS
VALENTINES
Sam Sifton, New York Times

Im a millennial in an apartment with


a small kitchen, and my question for
you is what cooking essentials does a
moderately skilled home cook need? A
chefs knife and a paring knife, obviously,
but what else do you think is important?
A food processor? A pressure cooker?
You dont need a pressure cooker. A
food processor is nice to have, but you
dont need that either. What you need in
addition to your knives is a pair of tongs,
a wooden cutting board and a good, big,
lidded saut pan.
Also, an enamelled Dutch oven for
stews, soups and roasting chickens,
as well as a half sheet pan and a bunch
of aluminum mixing bowls. Maybe a
colander.
Aspire to a rice cooker, and buy one
when they clip your boss at work and
give you her job.
You are an inspiration to me for your
approach to everyday cooking. However,
you do it as part of your job, which
makes it inherently manly. I too love to
cook every day. My problem comes when
I tell friends about my cooking habits.
Most of them dont seem to know what
to do with me, and usually I get a raised
eyebrow and comments along the lines
of That must really make your wife

happy.
It does, but apparently there arent too
many men out here making their wives
happy in this particular way. How do I
enjoy my passion for turning beautiful
ingredients into beautiful food and not
feel too weird about it?
Kitchens are the new basement
workshop for boyfriends and husbands,
dads and granddads alike. Theyre lled
with tools and projects, the promise
of craft that can rise to art, everything
a man needs to ll the holes in his life
created by corporate culture.
But where our own grandfathers
hand-painted model aeroplanes or
rebuilt carburetors pleased only the
maker, a perfectly executed spaghetti
alla carbonara or grilled steak or
cassoulet brings happiness to all who
eat it.
Keep cooking. Your friends will follow
along soon enough, just you watch.
I hate a Valentines Day dinner out. Too
impersonal and not romantic enough.
What is a doable meal for my sweetie at
home?
Now were talking. A steak Diane a
classic of mid-20th-century ne dining
that was generally prepared tableside
in a whoosh of brandy ame is an
excellent choice. It is still remarkable
in its elegance, simplicity and amorous
promise. Serve with roast potatoes.

Steak Diane
2-170g portions of let mignon,
preferably not too lean
Kosher salt and freshly ground black
pepper, to taste
1 tablespoon extra virgin olive oil
2 tablespoons unsalted butter
1 tablespoon minced shallot or onion
1 teaspoon Dijon mustard
1 teaspoon Worcestershire sauce, or to
taste
1/2 cup heavy cream or half-and-half
Lemon juice to taste, optional
Chopped fresh chives or parsley leaves
for garnish.

1.

Flatten llets a bit with the palm


of your hand, the back of a skillet
or a small mallet; they should be
about 2cm thick. Sprinkle with salt and a
lot of pepper. In small skillet, preferably
one just large enough to hold llets,
combine oil and tablespoon of butter
over medium-high heat. When butter
foam melts, sear steaks on both sides,
just until browned, no more than two
minutes a side. Remove to platter.

2.

Wipe pan clean with towel; add


remaining butter over medium
heat, with shallot or onion.
Cook, stirring occasionally, until tender,
about two minutes. Stir in mustard,
Worcestershire and cream. Add some
salt and a fair amount of pepper. Stir
once or twice, then taste and adjust
seasoning.

3.

Keeping mixture at a steady


simmer, return meat and
accumulated juices to pan. Cook,
turning two or three times, until meat is
done to your liking. Remove to a plate,
and add lemon juice, if using, salt and
pepper to the sauce as needed. Spoon
sauce over meat, garnish with chives or
parsley, and serve.

XII

MAGAZINE

The EastAfrican FEBRUARY 1319,2016

CREATIVE

SHORT STORY: In her three years with the force, Christina had
never hated a criminal before, not personally. She always kept a
cool head where her colleagues got heated

GUNFIGHT
WITH
ROBBERS
Nadya Somoe

he could not let them get away.


She must not let them out of her
sight. Adrenaline coursed through
Christinas veins as she stepped on the
gas and swerved expertly, her mind
anticipating the action a split second
before she made it. She was good at this,
great in fact, she thought, as she yanked
on the hand-brake and turned the wheel,
skidding neatly into a tight alley way.
She knew she could cut o the black van
with the suspects.
Oh hell She muttered under her
breath as she slammed on the breakes
and came to a shrieking stop inches from
a homeless madman.
Why are you driving into my
bedroom!? Waking an old man up way
before his time
Sir, please get out of my way, police
business Christina said, waving her
gun. She hated to do it, but she was
running out of time.
The man moved far quicker than she
thought his years would allow, and
she gunned the engine and sped o,
amusement tugging the corners of her
shapely mouth. Christina had always
had an innate sense of right and wrong,
coupled with fearlessness and a unique
skill set that destined her to lead the
pack. She felt no anxiety or fear when
a minute later, she emerged out of the
alley and into a deserted road that cut
through the abandoned industrial area.
She slowed down and began to scan the
empty godown lots as she radioed her
position back to the station.
Yes, the old industrial area, in the
southeast quarter
She was cut o by the loud shattering
of her windshield as several bullets hit
it at once. Christina swerved wildly as
she ducked down, losing control of the
vehicle and smashing into a fence. She
felt the steering wheel airbag slam into
her face, as the impact of the crash jarred
her to her bones. She remained there,
oating between dreamy thoughts and a
reality where everything was fuzzy.
Shots red. I repeat, shots red.
Assume ocer down. The radio
dispatchers voice was coming through
her haze, insistent and panicky. She
fought her grogginess and turned her
head to check her neck was ne, rst
slowly to the right, then the left Tall
shadows made her blink rapidly, as she
tried to clear her mind. But this was no
trick of the mind, the shadows were

Illustration:
John Nyaga

slowly advancing.
Check and see if we killed him, said a
rasping voice, this one has been onto us
since we left the bank this morning.
Of course we did, Tony. We blew the
whole front o, a harsh laugh followed,
Poor fool never saw it coming.
Christina knew then that she was
caught. Her gun was on the oorboard
under her chair, out of reach. Her heart
rate was up but she refused to think of
anything but her survival.
Hey! Theres someone in the car,
man, a skinny fellow was peering down
at her, red veined eyes popping out of
his sallow face, a woman! A short and
stocky man appeared a second later, and
peered in. He had an ugly face, not that
it was ugly in itself, instead, it was the
person who wore it that brought the
ugliness to it.
His voice was deeper and scratchier
now that he was close. They are
sending little girls to ght monsters
like me now? He laughed manically as
he leaned forward suddenly and sliced
her seatbelt with a knife he seemingly
produced from thin air. Well just have
to deal with you now that you know
what we like. No loose ends, he said as
pulled her out of the car and savagely
threw her to the ground.
Shouldnt we rst nd out what she
knows? It wouldnt hurt to know what
the cops know A bit of a head-start
and all? It was the thin man talking,
and Christina noticed how young he
was now.
I suppose we have a few minutes, and
then we need to get rid of her and get
moving.
And how much did you report once
we hit your car? the thin youngster
turned to Tony, It was a good ve

minutes or so before we walked over


here, she could Have told them a lot in
that time, he said.
Yeah, what did you tell them? Tony
roared at her now, frustrated.
Christina steeled herself against the
physical pain she was in and the slight
stirrings of fear for herself. I went down
the alley that runs parallel to the main
avenue And I didnt report anything, I
was passed out
You better not be lying, you wouldnt
want to cross me Tony moved forward
again, aiming a vicious slap at her, when
she saw her opportunity. As he bent
down and raised his right hand, he left
his chest and throat unguarded. Her st
moved as instinct took over conscious
action. She hit him hard at the base
of his throat, sending him stumbling
backwards. Christina sprang to her feet
like a cat, ignoring the painful spasms of
her injuries, and went on the oensive.
No one ever expected the slight, pretty
young woman to be so ferocious a
ghter.
As Tony struggled to regain his
balance, she threw three quick jabs
followed by a kick to the chest that sent
him sprawling to the ground. He landed
hard, distracting his young accomplice
for a split second, as he turned his head
in shock to see Tony hit the dust. It was
all Christina needed to disarm the young
man, punching him hard in the stomach
and grabbing his gun. She moved behind
him in one smooth motion, looped her
left arm around the young mans neck
and put the gun to his temple.
Dont move. Christina could feel
every beat of her heart, a pounding that
she could actually hear. Or was that the
youngsters heart? She forced herself to
focus, a skill she had honed well, which

allowed her control of most situations.


She heard the far o wail of sirens, felt
the sticky perspiration on the neck of
the terried young man and saw the evil
grin on Tonys face as he pulled himself
to his feet.
Holding the young robber in front of
her, she aimed her gun at Tony. You
can hear the sirens too, put the gun
down and no one will get hurt. She
should have seen him for the animal he
was, but even as he raised his gun and
red, she didnt quite believe what was
happening.
With a roar, Tony let o his gun, round
after round, bullet after bullet. The
young man didnt make a sound as his
life was snued out instantly. Christina
collapsed under his weight, hearing
the dull thud of bullets still hitting
the lifeless body. Revulsion welled up
inside her even as the crushing guilt of
the youngsters death gnawed at her
brain. In her three years with the force,
Christina had never hated a criminal
before, not personally.
She was always able to keep a cool
head where her colleagues got heated,
a trait that had earned her descriptions
such as soft, but she understood that
whoever angers you controls you. This
time, here and now, all that dissipated
in a cloud of rage that lled her from
head to toe. Christina shoved the body
from on-top of her and rolled swiftly to
her side, her gun locked and loaded and
aimed on Tony.
She pulled the trigger as she rolled
over and over to her side, letting o a
round each time she came up on her belly.
She didnt stop to think, concentrating
on hitting her target until she slammed
into the fence which stopped her roll for
the second time that night.

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