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Mustafa Juma

Nelson Havi

The Law Society of Kenya has vowed to ensure that Members of Parliament don’t access the premises as from October 12, 2020 following an advisory issued by Chief Justice David Maraga.

In a press conference held on Thursday September 24, 2020, LSK President Nelson Havi said Parliament is unlawful and should not conduct business beyond October 12.

He further asked Interior ministry to withdraw MPs’ and senators’ security detail.

Havi also urged Kenyans to occupy Parliament buildings from October 12, if President Uhuru Kenyatta will not have dissolved Parliament as advised by Maraga.

“The advisory does not end the terms of the President, governors, and members of county assemblies. There is no constitutional crisis and the business of government will not come to halt. No financial burden shall lie on the shoulders of taxpayers,” Havi said.

Maraga asked President Uhuru Kenyatta to dissolve Parliament, itself noncompliant with the two-thirds gender rule, for failure to enact the law which provides for gender balance.

In the advisory, Maraga said Kenyans must be ready to suffer, if only to hold elected parliamentary representatives accountable.

The CJ insisted that the country “must say no to impunity and hold everyone accountable for their actions or omissions”.

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Deputy President William Ruto on Thursday September 24, 2020 introduced his preferred candidate for the upcoming Msambweni by-elections.

This comes just a day after the second in command was cornered by Jubilee party Secretary General Raphael Tuju at the party’s headquarters along Thika Road in Pangani, Nairobi.

The DP had on Wednesday hoped to turn the tables on the party and hand the ticket to a candidate for the by-elections.

However, Tuju had already announced that the party was not going to field a candidate in the by-election occasioned by the death of MP Suleiman Dori.

He then held a two-hour meeting with Ruto, who then came out to announce that he would abide by the party decision though he did not agree with it.

The DP said he was of a different view on Jubilee fielding a candidate and said he was not consulted.

He had however, hinted that he would support any candidate who is not a Jubilee party member, that will approach him seeking for his support.

Notably, Mariam Sharlete, who recently decamped from ODM, had arrived at Jubilee headquarters to pick her nomination papers for the December 15 by-election.

A day later, the DP hosted another candidate at his Karen residence in Nairobi.

The second in command met Feisal Abdallah Bader who was in the company of Coast MPs Athman Shariff (Lamu East), Mohamed Ali (Nyali), Owen Baya (Kilifi North), Khatib Mwashetani (Lunga Lunga) and Aisha Jumwa (Malindi).

“Met an aspirant for Msambweni parliamentary seat Feisal Abdallah Bader in company of Coast MPs Athman Shariff (Lamu East), @MohaJichoPevu (Nyali), Owen Baya (Kilifi North), Khatib Mwashetani (Lunga Lunga) and @HonJumwa (Malindi) at Karen, Nairobi County,” he tweeted.

Jumwa, who is an ODM rebel MP, and Mohamed Ali are some of the strongest DP Ruto allies from the Coastal region.

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Did socialite Zari the Boss Lady just let the cat out of the basket when she took to social media to celebrate her 40th birthday?

Zarinah Ntale alias Zari Hassan on Wednesday September 23, 2020 celebrated her 40th birthday in style.

Zari the boss lady is a Ugandan socialite and an entrepreneur from Uganda who resides in South Africa. She is best known for her lavish lifestyle and expensive taste for worldly things.

When the mother of five took to her official Instagram account to celebrate her day, her new-found love emerged, sending a heart throbbing message to her, which she acknowledged.

Frederick Nuamah, who is an Actor, Music and movie producer, Media personality and an Entrepreneur from Ghana who is currently based in Dubai is Zari’s new lover.

The actor used strong words to describe his love to Zari, described the day they first met, and even revealed the mode of communication they used on their first day of communication.

Below is the long post that the media personality posted wishing Zari a birthday.

Mtoto kapendeza @zarithebosslady Just when I tot of giving up to the fate that true love doesn’t exist, u came and showed me the best of it. Thanks for being u for me.

U are, and always have been, my dream girl. Even before I spoke to u on Eddie’s phone, ur vision was in my mind just as u are. I spent days upon days thinking about what in the world I could possibly write for u that would make this birthday amazing.

I spent hours upon hours trying to figure out what to say. Nothing was as sincere as me wishing u a happy day, not just today, but every day. It’s simple, ur happiness is my happiness. Ur life began on this day. My life began the day we spoke.

I’m so glad both days happened. kipenzicharoho ! As time keeps going by, u are moving and growing older. In each minute of an hour, each hour of each day, each day of the week, each week of the month and in each month of the year.

Mamayao …let me use this letter to validate all my love for u. Before we spoke, I didn’t believe it was possible to love someone so deeply and completely, but u have given me faith that true love really does exist bcos i share it with u.

Most importantly, I love the way u complete me. U are my the soul mate I tot I’d never find. U cheer me up when I’m down and help me find balance when my world is out of control.

U make me want to do the same for u. As u can see, today, I’ve decided to go bigger than texting, I felt like writing what I know I don’t tell u enough, and we may not live in the same country or even on the same continent, hold on, which continent is UAE again? 😜but u are always with me in my heart

and in my mind.

Today I am wishing u a very happy birthday, and hoping that you enjoy every moment of ur special day. U are such a special person to me, and I hope that u are happy where u are and never stop living ur beautiful life to the fullest! #toGodbetheglory#nakupenda#weweniwangu#nakutamani

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High Court has ordered Nation Media Group to pull down ‘COVID-19 millionaires’ story from their social media platforms pending the hearing of libel case by Megascope Ltd against them.

In their story, Nation Media Group had exposed individuals who benefited from Kenya Medical Supplies Authority (Kemsa) scandal.

According to the expose, some business people chattered planes to China to physically fly in Covid-19 medical supplies.

The story further revealed that some individuals waited for the goods, personal protective gear, ventilators and other medical items to land in Nairobi, then snapped them up in bulk and waited.

Twelve firms,  for instance, were awarded contracts worth Sh3 billion by the Kenya Medical Supplies Authority (Kemsa) to deliver items that were not covered by the state agency’s 2019/20 approved budget as at June 4, 2020, with some multimillion-shilling irregular bids going to friends and well-connected individuals.

Several companies were put on the list of beneficiaries, among them being kilig limited, Abyssinia Group of Industries (AGI), Bell Industries, Medlife Biologicals Limited among many others.

Mega Scope Healthcare had demanded an apology from Nation Media Group for the defamatory investigative story by Dennis Okari which aired on Sunday, August 16.

The company, believed to be associated with the National Chairman of Chamber of Commerce and Industry Chairman Richard Ngatia through its lawyers Njoroge Regeru and Company, said that the investigative piece has destroyed the reputation of its client by terming the company as a dishonest and a corrupt entity.

Through a demand letter written to the Managing Editor, the company has distanced itself from the allegations aired by Dennis Okari, terming them as false and gravely damaging to the company’s image.

On Sunday August 16, NTV ran an investigative piece that widely mentioned Mega Scope Healthcare as one of the companies that allegedly contracted by KEMSA to clear covid-19 kits donated by Jack Ma.

The investigative piece alluded that there were records to show that kits were received the kits, but there was no public record of what happened thereafter.

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A member of Migori County Assembly was on Wednesday assaulted and her left arm broken as the assembly descended into chaos over the planned ouster  of governor Okoth Obado.

The nominated MCA Mary Ogodo was attacked during a melee at the Migori county assembly ahead of the planned tabling of the impeachment motion against the County chief.

It forced sergeant-at-arms to run away with the mace, the symbol of power in the assembly, as they left members assaulting each other physically, verbally with bottles of water being thrown around.Ogodo was rushed to St Joseph Mission Hospital.

“She is in hospital, her left arm has been broken and she is receiving treatment. She can’t talk right now. She is in stable condition,” an aide told a local daily in a phone interview.

Tension started during the morning session as North Kanyamkago MCA George Omamba got orders from Migori High Court reinstating him as Deputy Speaker on Tuesday evening.

Omamba was impeached by his colleagues on May last year together with assembly clerk Tom Opere, with Bukira East MCA Mathews Chacha and Emmanuel Abala taking over in acting capacity amid court orders.

On Wednesday, trouble started as five pro-Obado MCAs led by Kaler MCA Thomas Akungo walked into the house which was in session and tried to disrupt the session as Omamba was still on the chair.

“The five MCAs were hiding in one of the offices in the assembly controlled by Obado’s relative before they made their way into the assembly and started creating chaos,” a staff said.

In the ensuing melee, the session was disrupted as Ogodo, who is said to be in support of the ouster, was attacked. She blamed Akungo for the melee.

Obado who spoke to a local daily on Tuesday September 22, 2020 revealed a new scheme that has now been employed by the Raila Odinga-led range party.

According to Obado, there are plans to use the police and investigative agencies to threaten ward representatives and county officials opposed to ODM’s plans to kick him out over graft and murder cases that the County chief is facing.

He went ahead to reveal details of a meeting that was held over the weekend in Kisii town where Migori Senator Ochillo Ayacko allegedly met MCAs to give them an ultimatum to either support the ouster or be ready to face the consequences.

Obado  claimed that during the Kisii meeting chaired by Ayacko, a 10-point impeachment motion was drafted with the help of a former magistrate.

He further claimed his rivals plan to use the police to cause chaos in the Assembly so that they can interfere with voting in the event the motion is finally tabled. The impeachment, sanctioned by ODM days after he was charged with graft has stalled for two weeks, amid tension and anxiety in Migori.

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Exiled lawyer Dr Miguna Miguna has torn into the people threatening Chief Justice David Maraga on his decision on Parliament Dissolution.

Taking to his official social media accounts, Miguna said that the people threatening CJ Maraga do not understand the Constitution or applicable law.

According to his twitter post on Tuesday night, Miguna said that there are valid court orders issued after the two thirds gender rule had been litigated all the way to the Supreme Court.

Miguna went ahead noting that, filing a case to relitigate the issue would be struck out because it would be RES JUDICATA (a matter already settled by judgment), it would be a collateral attack on the valid Orders and the petitioner would be suing the CJ who isn’t a party.

“Filing a case to relitigate the issue would be STRUCK OUT on 3 grounds. First, it would be RES JUDICATA (a matter already settled by judgment). Second, it would be a COLLATERAL ATTACK on the valid Orders. And third, the petitioner would be suing the CJ who isn’t a party ,”tweeted Miguna.

This comes after Maraga advised President Uhuru Kenyatta to dissolve Parliament for failing to implement the two-thirds gender rule.

However, some Senetors said that Article 216(6) requires an order to be issued before the clause(7) is invoked.

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Embattled Migori County governor Okoth Obado has exposed more dirty intrigues the Orange Democratic Movement (ODM) is using in his impeachment plot.

Obado who spoke to a local daily on Tuesday September 22, 2020 revealed a new scheme that has now been employed by the Raila Odinga-led range party.

According to Obado, there are plans to use the police and investigative agencies to threaten ward representatives and county officials opposed to ODM’s plans to kick him out over graft and murder cases that the County chief is facing.

He went ahead to reveal details of a meeting that was held over the weekend in Kisii town where Migori Senator Ochillo Ayacko allegedly met MCAs to give them an ultimatum to either support the ouster or be ready to face the consequences.  

Obado claimed that during the Kisii meeting chaired by Ayacko, a 10-point impeachment motion was drafted with the help of a former magistrate.

He further claimed his rivals plan to use the police to cause chaos in the Assembly so that they can interfere with voting in the event the motion is finally tabled. The impeachment, sanctioned by ODM days after he was charged with graft has stalled for two weeks, amid tension and anxiety in Migori.

However, Ayacko who unsuccessfully ran against Obado in 2017 dismissed Obado’s claims.

Ayacko said the governor should instead carry his own cross. He also said he was not aware of any such plan, and termed the claims idle curiosity.

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Senior Counsel Ahmednasir Abdullahi has claimed that Deputy President William Ruto’s Tanga Tanga faction of the ruling Jubilee party will benefit big should President Uhuru kenyatta dissolve parliament as per Chief Justice David Maraga’s advice.

Taking to his official Twitter account this morning, the flamboyant lawyer claimed that should Prrsident Kenyatta hid to the advice, Tanga Tanga will have a super majority of about 70% in both houses of the parliament.

Ahmednasir went ahead to argue that Orange Democratic Movement (ODM) party leader Raila Odinga will be the biggest loser.

According to the lawyer, Raila’s Orange party will lose its popularity, to an extend of jut being a Luo Nyanza political party.

“If H.E Uhuru DISSOLVES parliament in-line with the HERETIC constitutional advice by CJ Maraga, TangaTanga will have a super majority of about 70% in both Houses…and odm will become a Luo Nyanza party…FACT,” he tweeted.

Maraga on Monday September 21, 2020 made history yet again, advising President Kenyatta to dissolve Parliament for failing to implement the two-thirds gender rule.

In a new first, the Chief Justice handed a guilty verdict against the entire cast of Parliament for failing to carry out their constitutional mandate despite clear warnings.

Yesterday, Justice Maraga said despite the court orders, Parliament remained defiant.

According to him, even when he gave the speakers chance to defend themselves in a petition filed by Law Society of Kenya, Fredrick Gichanga, Toili, Stephen Owoko, John Wangai and David Sudi, they never filed submissions despite raising objections.

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David Maraga & Uhuru

Chief Justice David Maraga has  written to President Uhuru Kenyatta advising him to dissolve Parliament.

This, Maraga states that is due to failure of the parliament to enact the two-thirds gender rule.

In an advisory dated September 21, Maraga said he was responding following six petitions seeking his advice on the matter.

“The petitions are based on the ground that despite four court orders compelling Parliament to enact the legislation… Parliament has blatantly failed, refused or neglected to do so….” Maraga said.

The CJ said it was his constitutional duty to advise Uhuru.

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A 26-year-old woman in Nakuru County has died after being gang-raped by a group of unknown people.

According to reports, the brutal gang of young people inserted a glass bottle and sticks in the woman’s private parts after raping her. 

Further, they also slashed her with a machete during the Saturday, September 19, incident.

Senior Assistant Chief Emitik Sub-Location, Richard Langat, said that the woman was picked immediately by Good Samaritans and taken to Olenguruone Sub-County Hospital for treatment.

He said that the woman succumbed to the injuries on Sunday, September 20, while undergoing treatment at the hospital.

Kuresoi South OCPD Henry Nyaranga said that two suspects have already been arrested as detectives continue to comb the area for their accomplices.

“I have dispatched DCI (Directorate of Criminal Investigations) officers to undertake thorough investigations and appropriate action taken,” he said.

Nyaranga said that the incident is unfortunate and those liable will face the wrath of the law.

Langat, on the other hand, said that the youths could be under the influence of drugs and vowed to work closely with the security officers to root out the menace.

The woman’s body has been moved to the hospital’s morgue.

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Orange Democratic Movement (ODM) communication director Philip Etale has revealed the unknown details the Orange party leader Raila Odinga told Emurua Dikirr MP Johana Ng’eno when they met at nominated MP Wilson Sossion’s home in Bomet County.

Taking to his official twitter account on Sunday September 20, 2020, Etale claimed that Raila had reminded the controversial lawmaker how he had catered for his University education’s fees.

Etale further claimed that the former Prime Minister described Ng’eno as his son.

According to Etale, Raila said, the only thing he had not asked MP Ng’eno to do and which he regrets was to have good manners and have respect for other people.

“Baba reminded Emurua Dikirr MP Hon. Johanna Ng’eno how he paid his University fees and described him as his son. He said, the only thing he had not asked him to do and which he regrets was to have good manners and have respect for other people,” he tweeted.

Ng’eno hit headlines early this month after making scathing remarks against President Uhuru Kenyatta on his relationship with his deputy William Ruto.

Ng’eno, while addressing a gathering in his constituency, asked President Kenyatta to dissolve government if he couldn’t work harmoniously with his deputy.

He further sensationally accused Rift Valley Regional Coordinator George Natembeya of fueling ethnic clashes in the region.

He then got arrested at Mogondo in his constituency where he had gone to inspect a local technical institute.

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Deputy President William Ruto’s Tanga tanga movement cannot be registered as a political party, acting registrar of political parties Anne Nderitu has said.

According to Nderitu, Section 8 of the Political Parties Act doesn’t allow such movements to be enlisted as a political party.

Nderitu on Friday told MPs at the Justice and Legal Affairs Committee during her vetting for the job that a party’s name should have a democratic meaning.

The law states that the registrar may refuse an application for the registration of a political party over unacceptable names or abbreviations.

This will be so if the name is obscene or offensive; already used by another political party or has symbol that is used by an already existing entity.

“Tangatanga, from the face value of the name, sounded offensive. We found it to be in violation of the Act. At the heat of the moment someone can identify, but consider 10 years from today when the word is not in the politics people get lost,” Nderitu said.

She said the ideal situation is where people register parties with unique identities “which can speak for generations.”

A few months ago, DP Ruto’s camp was dealt another blow after a businessman tried to register  Jubilee Asili as a party, just days after the camp launched a Jubilee Asili center, an alternative venue for their meetings.

Jubilee Asili, which is associated with DP Ruto was rejected for not meeting the legal requirement of not resembling another registered political party.

In response to James Simiyu, who had applied to reserve and subsequently register the name as a political party, Ms Nderitu said the suggested name was not in compliance with section 8 of the Political Parties Act, 2011.

“The name does not meet legal requirement, so any application on the same name cannot be admitted,” Nderitu said.

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Weeks after Orange Democratic Movement (ODM) leader Raila Odinga estimated the cost of carrying out a referendum at Ksh2 billion, Independent Electoral and Boundaries Commission (IEBC) has come out to dismiss the figure, saying that the cost is imposiible.

Raila during the recent swearing-in of ODM’s National Election Board and Disciplinary Committee members said the Building Bridges Initiative referendum should not cost more than Sh2 billion.

Raila went further to insist that the referendum must be done before the 2022 general elections since the country has all the resources required for the exercise to successfully take place.

However, IEBC Commissioner Boya Molu on Friday said it will cost not less than Sh10 billion to carry out the exercise in the country.

Molu who spoke during commemoration of the international day of democracy hosted by Centre of Multiparty Democracy Kenya said going by the last presidential repeat elections, a referendum will not cost less than Sh10 billion.

According to Molu, the commission needs to hire not less than 50,000 vehicles on election day, and it is impossible for them to get a vehicle for less than Sh10,000.

He said the commission will also need to hire 350,000 poll officials on election day.

The officials include Presiding Officers and their deputies, clerk’s, at least two police officers for every polling station.

“I may not be able to give you exact figure but going by the last presidential repeat elections, a referendum will not cost less than Sh10 billion.On election day you hire not less than 50,000 vehicles and you cannot get a vehicle for less than Sh10,000. We also have to hire 350,000 poll officials on election day,” Molu was quoted by a local daily to have said.

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Orange Democratic Movement (ODM) Secretary General Edwin Sifuna and economist David Ndii have this morning engaged in a twitter spat over a petition that was filed in court to challenge the constitutional changes that are set to happen through the famous Building Bridges initiative.

Economist David Ndii and activists Jerotich Seii, Jane Ngondi, Wanjiru Gikonyo and Ikal Angelei are seeking ‘to stop reggae completely’ with their eyes on sections of law which are at the heart of the BBI drive.

The petitioners, through lawyer Nelson Havi, want the court to declare that five chapters of the 2010 Constitution – Chapter One, Chapter Two, Chapter Four, Chapter Nine and Chapter Ten – cannot be altered or changed through amendments, either by Parliament or popular initiative. They argue these chapters form the foundation of the country and should not therefore be altered.

However, Sifuna while responding to the petition argued that it should be thrown out as it is a “poorly” drafted “academic thesis disguised as pleadings.”

Sifuna further argued that instead of the three Judge bench they want, Chief Justice David Maraga should save time and money and dismiss the petition.

“Some “activists” filed an academic thesis disguised as pleadings. You will not see more poorly drafted, nebulous, theoretical musings than that so called petition. Instead of the 3 Judge bench they want, the CJ shd save time and money and dismiss the thing in limine,” Sifuna posted.

In his response, Ndii said a law degree should be a second degree, adding that the lawyer does not “know now his Dworkin from his Hart.”

Ronald Dworkin argues that moral principles that people hold dear are often wrong, even to the extent that certain crimes are acceptable if one’s principles are skewed enough.

Sifuna again, came to fire back urging the economist to instead share the court papers on his blog.

Terming the filed petition as a conference presentation, Sifuna told Ndii that it will be thrown out faster than he could say second degree.

“My brother… Court papers are not economic theory. That conference presentation you filed will be thrown out faster than you can say 2nd degree. You should just have posted it on that blog of yours along with your other musings on dynasties,” he posted.

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Makueni governor Kivutha Kibwana has responded to senator Mutula Kilonzo Junior’s threat against him over governor Wycliffe Oparanya’s order to shut down counties over lack of funds.

Mutula Junior on Wednesday September 16, 2020 while responding to Council of Governors chairman’s memo to all governor to shut down some of the county services, threatened to impeach governor Kibwana should he follow Oparanya’s directive.

“I want to tell my governor Kivutha Kibwana, if you close level 4 hospitals in Makueni, we will impeach you. It is an impeachable offence for any governor to take instructions from another governor and shutdown hospitals,” Kilonzo stated.

One after the other, the senators stood and expressed their displeasure with the COG, terming Oparanya as incompetent.

Bungoma Senator Moses Wetangula indicated that it was a clear abuse of power saying that the council of governors was not the employer of any county governors.

Responding to the senators, however, Kibwana indicated that the senators were solely to blame for the stalemate.

“For three months @Senate_KE has denied Counties funds for development and salaries. Can @SenMutula run a county as Governor without funds for three months? My 2014 impeachment by Mutula and others is still in Senate. The Senator’s askari who shot at me was jailed.

“How can Senate miserably fail Kenyans and then blame the presidency and @KenyaGovernors? Several county employees have come to me after their rental premises were padlocked. Senators continue to draw their salaries and sitting allowances. How are they defending devolution?

Governor Kibwana went ahead to dare the Makueni senator to bring on the impeachment motion against him, saying that it will not be the first time he will be doing so.

He argued that he had came across such threats before, and even got a threat that he would be expelled from the Kalonzo Musyoka led Wiper Movement party.

“If Mutula Kilonzo Junior wants to impeach me a second time, he is welcome. I had heard of the impeachment threat and expulsion from @WiperMovement before today,” he posted.

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Makueni senator Mutula Kilonzo Junior on Wednesday September 16, 2020 launched a scathing attack against the Council of Governors (CoG) chairman Wycliffe Oparanya.

His attack came shortly after the Kakamega governor issued a memo directing all governors to provide notice on the suspension of some counties’ services due to lack of resources, with effect from tomorrow (Thursday September 17).

Counties were advised to issue necessary notices that the county health facilities will not permit any new inpatient admissions.

They will only provide minimal outpatient services and that all non-essential services suspended and county employees are advised to proceed on leave for two weeks.

In response, senator Mutula Kilonzo Junior claimed that if Governors accede to the memo by Governor Oparanya, they will have violated the Constitution.

While terming Governor Oparanya as clearly incompetent, the lawmaker argued that the Supreme Court issued an unequivocal order on release of funds pending determination of any issue concerning division of Revenue.

“If Governors accede to the memo by Governor Oparanya, they will have violated the Constitution. The Supreme Court issue an unequivocal order on release of funds pending determination of any issue concerning division of Revenue. The chair is clearly incompetent,” he tweeted.

However, Senator Mutula’s statement landed him in big trouble with Kenyans on Twitter, with his attack against Oparanya backfiring badly.

Instead, the netizens turned against him, claiming that he was the most incompetent.

They argued that the senate had failed the devolved units by failing to pass the revenue allocation formula for a record 10 times.

Here are some of the reactions.

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