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Kenya’s Top Lawyers Fault IEBC Over Mariga’s Ruling

by Mustafa Juma
written by Mustafa Juma

Just minutes after the Independent Electoral and Boundaries Commission (IEBC) cleared Jubilee party’s McDonald Mariga to contest for Kibra parliamentary seat, a section of country’s top lawyers have taken to social media to fault the commission over its ruling.

The commission on Monday morning reversed the verdict of the Kibra Returning Officer and allowed Mr. Mariga to run in the Kibra MNA by election on 7th November, 2019.

But city lawyer Donald Kipkorir and Rarieda MP Otiende Amollo have disagreed with the ruling. Donald Kipkorir has faulted the Wafula Chebukati-led commission for locking out Kibra voters for registration after the seat was declared vacant by National Assembly Speaker Justin Muturi but allowing Mariga, a non-Kibra resident to register.

The flamboyant lawyer says that IEBC’s decision is a “Great Travesty Of Justice”.

“With tremendous respect, I wholly disagree with IEBC ruling on McDonald Mariga. That the law PROHIBITS all residents of Kibra from registering as Voters once the Seat was declared Vacant but allow Outsiders to register as Voters & contest the seat is a Great Travesty Of Justice,” he posted.

Rarieda MP Otiende Amollo who is also one of the country’s top laws has also faulted the commission, calling for Kenyans to kick out the commission for being biased.

“Listening to the Pontifications & Prevarications Of The IEBC Commissioners; It is clear to me, more than before, that we must Sweep the Commission Clean at the Top Levels!” he posted.

Mariga petitioned the Independent Electoral and Boundaries Commission after Kibra returning officer Beatrice Muli invalidated his nomination on grounds that his name was missing from the register of voters.

ALSO READ: Mariga Reinstated as Jubilee Flag Bearer in Kibra

Mariga’s legal team led by lawyer Elisha Ongoyi pushed Muli to admit an error on her part and pleaded with the committee to rectify the mistake by overturning the decision.

The seat fell vacant after former MP Ken Okoth died of cancer on July 26 at the Nairobi Hospital.

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Politics

Mariga Reinstated as Jubilee Flag Bearer in Kibra

by Mustafa Juma
written by Mustafa Juma

The IEBC Dispute Resolution Committee has reversed the verdict of the Kibra Returning Officer and has allowed Jubilee Party’s McDonald Mariga to run in the Kibra MNA by election on 7th November, 2019.

Reading the verdict, IEBC chairman Wafula Chebukati confirmed that Mariga will subsequently be included in the list of candidates running for the Kibra by election.

Mariga petitioned the Independent Electoral and Boundaries Commission after Kibra returning officer Beatrice Muli invalidated his nomination on grounds that his name was missing from the register of voters.

Making the ruling on Monday, IEBC Dispute Tribunal said it is obligated to conduct continuous registration of citizens as voters.

“It is our finding that the complainant was duly registered as a voter,” IEBC Chairman Wafula Chebukati said.

Mariga’s legal team led by lawyer Elisha Ongoyi pushed Muli to admit an error on her part and pleaded with the committee to rectify the mistake by overturning the decision.

The seat fell vacant after former MP Ken Okoth died of cancer on July 26 at the Nairobi Hospital.

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Politics

Vocal Tangatanga Crusader Endorsed For Governorship

by Mustafa Juma
written by Mustafa Juma

Vocal Jubilee party’s tangatanga wing crusader has been endorsed for Nakuru County’s governorship in 2022.

The Nakuru County Senator Susan Kihika was on Friday endorsed by Six Nakuru County MPs for the county’s governorship in the next general election.

The six are Kimani Ngunjiri (Bahati), David Gikaria (Nakuru Town East), Samuel Gachobe (Subukia), Liza Chelule (Nakuru Woman representative), Jayne Kihara (Naivasha) and Charity Kathambi (Njoro).

In a rally at Nakuru ASK showground on Friday, the MPs said Ms Kihika was the right person for the job.Ms Kihika appealed for the support of local leaders and youth.

The senator who has been at loggerheads with her home MP Mr Ngunjiri, surprised everyone when she announced that she and Ngunjiri have buried the hatchet.

Commenting on their now warm relationship, Ngujiri said he is fully behind Kihika.

“I have had differences with Kihika but that is all behind us now. As long as I’m in active politics, I will stand with her,” Ngunjiri said.

Ngunjiri who was a staunch supporter of Governor Lee Kinyanjui in 2017, said Kihika’s father, the veteran politician Kihika Kimani, did much for the people of Nakuru.

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Politics

Duale Revisits a January Court Case After Rastafari Case Ruling

by Mustafa Juma
written by Mustafa Juma

Just a few days after a Nairobi High Court declared that children with dreadlocks can continue with their education as it is their fundamental right, National Assembly majority leader Aden Duale has revisited a case that had been ruled earlier against Muslim students.

Duale now wants court to review ruling on Muslim students wearing Hijabs in school after the Rastafari case ruling.

High Court Judge Mwita Chacha last week ruled that the Constitution guarantees every person a right to religious faith and cutting the minor’s hair is contrary to her belief.

The judgment was issued in a case where a Rastafarian parent sued the Education Ministry and Olympic High School in Kibra seeking to compel them to admit his daughter to Form One without shaving her dreadlocks.

Early this year, court overturned a 2016 Court of Appeal ruling that allowed Muslim students to wear hijab in non-Muslim schools.

In the ruling made on the petition filed by the Methodist Church of Kenya, the Supreme Court said every school has a right to determine its own dress code.

Hijab is a headscarf worn by many Muslim women who feel it is part of their religion.

The 2016 ruling came after a church-run school banned female students from wearing the hijab, saying that it sowed discord.

But what does Justice Mwita’s Rastafari ruling mean on this ruling that was made against Muslim students? Should they also be allowed to wear hijabs in non-muslim schools now that the court says Constitution guarantees every person a right to religious faith?

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Politics

Mapenzi Tupu! President Museveni’s Wife’s Message to Husband on His Birthday

by Mustafa Juma
written by Mustafa Juma

It is his birthday! Yes, Sunday September 15, 2019 was Ugandan President Yoweri Kaguta Museveni’s birthday and his wife Janet Kaguta Museveni had to celebrate it in a special way.

The Ugandan first lady on Sunday afternoon took to social media to send a heartwarming message to husband.

Janet described Museveni a hardworkinng and dedicated person to serve his country. She said Museveni’s love and service for Ugandan nation and Africa is admirable.

The first lady went on to shower Museveni with prayers and blessings, asking God to bless the works of her husband’s hands.

“Yoweri Kaguta Museveni Your love and service for this country and Africa is admirable, so is your dedication to serve our people. May God bless the works of your hands. Happy birthday,” read the post.

The Ugandan President has turned 75 years. He was born on 15 September 1944 and has been the president of Uganda since 1986.

Museveni was involved in rebellions that toppled notorious Ugandan leaders Idi Amin  (1971–79) and Milton Obote (1980–85) before capturing power in the 80s.

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Politics

Ailing Norman Magaya Leaves Country For Further Treatment Abroad

by Mustafa Juma
written by Mustafa Juma

Raila Odinga-led Orange Democratic Movement (ODM) party has confirmed NASA Chief Executive Officer Norman Magaya was on Sunday taken to India for specialized treatment following a heart attack.

Through a tweeted posted on Sunday afternoon, the party confirmed that Mr Magaya will be out of the country for around two weeks. The ODM party shall cater for his medical bills.

“Our colleague Mr Norman Magaya has left the country for further treatment abroad. We expect him to be away for 12 -15 days. During this time, he will be under the care of a panel of expert doctors.The ODM continues to stand with our luminary through this process until his return,” read the tweet.

For several months, Mr Magaya has been battling to regain his health in Nairobi Hospital and even admitted recently of his dwindling finances.

A fortnight ago, ODM Secretary General Edwin Sifuna hinted that Mr Magaya will be flown to India, adding that he was placed in ICU as the party organises for a flight.

“Mr Norman Magaya is currently admitted at The Nairobi Hospital’s Intensive Care Unit as a precautionary measure ahead of his evacuation abroad for comprehensive treatment.

“This follows ongoing management and follow up for a persistent ailment which first began in 2017. His most recent admission occurred on the evening of Wednesday, September 4th,” said Sifuna.

There were claims that his wife wanted him taken to South Africa for medication. However, ODM leader Raila Odinga preference was India.

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Win For Ruto as Western Region Falls Apart Further Over Kibra By-elections

by Mustafa Juma
written by Mustafa Juma

Vote-rich western Kenya region has yet again fallen apart despite numerous calls by region’s leaders for long desired luhyia unity.

This follows failure of two political front runners from the region, Ford Kenya leader Moses Wetang’ula and Amani National Congress (ANC) boss Musalia Mudavadi, to front one candidate for the Kibra by-election after numerous meetings between the two parties initially agreed to back one candidate.

After Mudavadi’s ANC unveiling former ODM leader Raila Odinga’s aide Eliud Owalo ahead of the upcoming Kibra mini polls, Wetangula went ahead to unveil Engineer Khamisi Butichi to fly Ford Kenya’s flag in Kibra.

In addition, ANC has declared that its leader, Mr Mudavadi, who last year was installed as the Luhya kingpin, does not need any endorsement from any particular leader from the region to vie for the presidency in 2022.

In recent past, the region’s political leaders have been sharply divided along two camps; those supporting Deputy President William Ruto and those backing Mudavadi’s presidential ambitions.

There are those also those who have thrown their support behind the Raila.

DP Ruto has been making numerous trips to the region to sway voters towards his support ahead of 2022 President Uhuru Kenyatta succession race.

Ruto through his trips has been able to win support from a section of leaders who are now working hard to sway voters towards his camp.

The DP is now banking on National Assembly chief whip Ben Washiali, former Kakamega senator Boni Khalwale, former sports cabinet secretary Rashid Echesa, Matungu MP Justus Murunga, Kimilili MP Didmus Barasa, Sirisia MP John Waluke, Webuye East MP Dan Wanyama, Senate Speaker Ken Lusaka among others.

The Ruto camp has also been calling on Mudavadi to shelve his ambitions and team up with the DP.

Reports that close friends of Devolution Cabinet Secretary Eugene Wamalwa have formed a new political party complicates matters even further.

The new outfit, Democratic Action Party of Kenya, received a provisional certificate on August 2 from the Registrar of Political Parties.

The new outfit has David Muchele as interim chairman while Kizito Temba, Wamalwa’s personal assistant, is the secretary. Wamalwa is yet to confirm or deny links to the party, which adds to numerous others in the region.

With all these confusion in Western region over who to support, DP Ruto can easily sail through and win the hearts of the voters ahead of 2022 race.

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MP Brags of His Bedroom Prowess, Parades 2 of His 3 Wives at a Tangatanga Rally

by Mustafa Juma
written by Mustafa Juma

A section of Inua Mama women group comprised of leaders affiliated to deputy president Dr William Ruto’s tanga tanga wing on Friday held a rally in Nakuru.

During the rally, controversial Nakuru Town East MP David Gikaria paraded two of his three wives at a rally organised by area Senator Susan Kihika.

The rally, which was held at the Nakuru ASK Showground, brought together the area MP, several women leaders affiliated to DP Ruto’s camp within the Jubilee outfit.

Taking to the stage, the lawmaker said: “I am the Nakuru Town East MP. And, when one has a wife or wives, he has to acknowledge. I have several Nakuru Town East first ladies. Let me introduce my first ladies to you.”

“[Tells his wives] rush here, remember it is not your day. So, let’s not take other people’s time. There is one [of my wives] who is not here… She did that… [suggests wife welcomed a baby recently]. Niko sawa ama siko sawa? Inaitwa pekejeng pekejeng pekejeng,” said Gikaria, sparking laughter among the rally attendees.

“This one is Veronica Wairimu, she is the First Lady Number One. And this one is Dorcas Wangui, she is also the First Lady Number One B. First Lady Number One C is not here, but I will bring her here another day. Niko sawa, ama siko sawa? Na, unajua sisaidiangwi (And, you know I am never helped) … Let them bear me witness, I am never helped. I am good at it,” said the MP before handing back the microphone to the event’s emcee.

Some of the women leaders who attended the “Inua Mama” rally in Nakuru are nominated senator Millicent Omanga, Uasin Gishu woman rep Gladys Shollei, her Bomet counterpart Joyce Korir and Nyandarua colleague Faith Gitau, among others.

Susan Kihika said the theme of the meeting was women and youth empowerment.

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Politics

Governor to Render Ward Admins Jobless Should They Ignore This Order From Him

by Mustafa Juma
written by Mustafa Juma

Vihiga county governor Wilbur Ottichilo has told ward administrators that their jobs would be at stake “if the rivals out there come in”.

Speaking when he launched the performance contracting for county staff at Mbale on Thursday, Ottichilo said his administration was under pressure to deliver services.

The County chief now wants county ward administrators to fight for his government to protect their jobs.

“You must be in every public function that takes place in your areas to defend the government. I have asked the CECs and directors to facilitate you so you can work,” Ottichilo was quoted by a local daily.

He asked residents to be patient because county governments have not received funds for the first quarter this financial year following the standoff between the Senate and National Assembly on revenue sharing. 

“Some people are so impatient that they want things done immediately but they must also appreciate other dynamics. We have spent time putting in place structures and building institutions to ensure quality services regardless of who’s in office,” he said.

Ottichilo has been under intense pressure from his opponents who have accused him of wasting a lot of time on planning instead of rolling out development.

The governor has in the past said that he inherited an empty country Treasury and a government without structures. 

He has sacked some staff whom he said were irregularly hired and cleaned the county payroll of ghost workers, including relatives of former county employees and MCAs who received salaries without working.

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IEBC Opens up on Why it Had to Bar Mariga From Kibra Race

by Mustafa Juma
written by Mustafa Juma

Independent Electoral and Boundaries Commission (IEBC) returning officer Beatrice Muli has explained why she had to block Jubilee candidate McDobald Mariga from the upcoming Kibra by-election.

Muli said that the electoral body was transparent citing that Mariga’s documents were received by the electoral body on Tuesday and handled through the same process as other candidates.

“We received Mariga document on September 10 and Mariga went through the nomination process the same way other candidates did. We have a checklist which we use to clear candidates,” she said.

Muli said the pertinent documents were first submitted to verification desk and forwarded to her.

She said IEBC nomination checklist requires aspirant be a registered voter.

Muli insisted that the only way the returning officer can verify if the aspirant is a registered voter is checking the register in the KIEMS.

She said however in Mariga’s case, upon presenting his ID cards, the Jubilee aspirant’s could not be found in the KIEMS.

The search was repeated several times but his details could still not be found.

“As indicated, Mariga names details could not be found in the register and therefore the candidate is not qualified as per our checklist, as the RO guided with the regulations the law, therefore, guided me to invalidate the candidature of Mariga,” she said.

 According to section 5 (1) b of the Elections Act, all electoral activities including voter registration must stop upon declaration of a vacancy.

“Mariga applied for registration on August 26 after the vacancy was declared on August 14 and IEBC gazetted the by-election on August 16, two days later. By law, the application must be brought to headquarters and all details confirmed before they can be put in the voters’ roll. Once that is done the register will have to be gazetted.

“In this case, Mariga’s application is still pending. He cannot, therefore, be cleared to vie,” said an IEBC official.

But despite the written opinion by the legal team, commissioners – Chebukati, Abdi Guliye and Boya Molu – met on Wednesday and ordered  Beatrice Muli, the returning officer, to clear Mariga.

But Muli declined to clear the ex-Harambee Stars international because his name was missing from the voter’s roll.

It is understood that Muli also feared that she would be held personally liable for any election malpractice.

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Khalwale Cries Foul as City Lawyer Blocks Him Moments After Trading Insults on Twitter

by Mustafa Juma
written by Mustafa Juma

Flamboyant city lawyer Donald Kipkorir on Friday found himself in an ugly spat with with former Kakamega senator Boni Khalwale over ODM leader Raila Odinga.

The two took to social media to trade insults over what Donald Kipkorir argued as Khalwale’s continued attacks on the former prime minister.

The ugly spat started when the city lawyer posted a tweet on Thursday evening touching on Khalwale’s family.

Donald Kipkorir questioned whether Khalwale tells his children the truth about his work when he sees them to school. He continued saying that if Khalwale does not abuse Raila, he will not receive payment.

“When Bony Khalwale sees of his many children to their various Schools, does he tell them the truth of his work? Does he tell he’s no longer an MP? Does he tell them that if he doesn’t abuse Raila Odinga, denigrate BBI, Handshake & Dynasties everyday, he won’t receive payment?” tweeted the lawyer.

In his response, Khalwale slammed the lawyer, accusing him of having a two digit IQ. Khalwale further stated that his children are just an exact replica of him, adding that they are ” studying at Faculties of the UON that admit only students with 3 digit IQ”.

“Bro, the more u rant, the more ua tirades confirm ua ailment, i.e, railamania. My children that u hoped to bully are my exact replica. We don’t flinch from a tweet by a two digit IQ scholar. They’re studying at Faculties of the UON that admit only students with 3 digit IQ,” read Khalwale’s post.

But Donald still came back to respond, arguing that Khalwale’s tweets everyday shows a psychotic mind accusing him of waking up everyday to accuse Raila and look for funerals every weekend to continue insults.

“Bony, your tweets everyday shows a psychotic mind …. You can’t wake up every day to insult Raila & look for funerals every weekend to continue insults …. Unlike you, I didn’t insult your family: I asked what you tell them your source of income is … You have sank so low!”

The flamboyant lawyer ended up blocking Khalwale in what looks like an effort to cut the conversation short. Khalwale went on to say that despite the trolling he has been receiving on twitter, he has never blocked anyone.

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Ida Odinga disowns City Woman Posing as Her Aide

by Mustafa Juma
written by Mustafa Juma

Opposition chief Raila Odinga’s wife Ida Odinga has denounced reports that city politician who allegedly urinated in her mother-in-law’s house during a cultural wedding in Migori county is her personal assistant.

An irate Mrs Odinga distanced herself from Risper Adinda, the owner of the popular Ruby Cut Gardens Restaurant in the upmarket in Kilimani area who has been the talk-of-the-town following media reports of the shocking incident that happened in Awendo.

Ida has sharply disowned the woman saying she has never been her aide or personal friend for that matter and only came close to her once at the height of the campaigns in the last general elections.

It’s a common nature with most Nyanza politicians to scramble for a moment with the family of regional kingpin Raila Odinga and it would be of great political bonus if such rare moments were captured in camera.

There are reports that Ms Adinda who displayed her interest in Migori women seat fashioned herself as a close Ida friend ostensibly to win the heart of voters.

CREDITS: Source Link

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Continued Attack From Ruto Allies Forces Waiguru to Overturn Her Raila Remark

by Mustafa Juma
written by Mustafa Juma

After Kirinyaga Governor Anne Mumbi Waiguru recently causing a political stir in Mt Kenya by declaring that central Kenya was ready to embrace former Prime Minister Raila Odinga’s 2022 presidential candidature, she seems to have now made an about-turn on her remarks.

This follows an attack from politicians allied to Deputy President William Ruto. The governor on Wednesday appeared to beat a hasty retreat, saying she was not opposed to any politician visiting the vote-rich region to woo residents.

She reiterated that Mt Kenya would listen to all suitors, but no decision would be reached on who to support for the presidency without President Uhuru Kenyatta’s blessings.

“As leaders from this region, we will be guided by our Jubilee Party leader Uhuru Kenyatta on the best way forward at the General Election,” she said at the Kerugoya Referral Hospital when she opened a new theatre.

The governor, however, added that the region would lean towards a candidate who takes care of their interests and supports an expanded Executive “to ensure that the political interests of many communities are taken care of”.

Her statement appears to be aimed at Ruto and his allies, who have opposed calls to amend the Constitution to expand the Executive.

Their defiance has been seen as an attack on the Building Bridges Initiative (BBI) that is backed by Uhuru and Raila.

Waiguru said the region would not blindly give any of the presidential contenders its support, adding that there would have to be negotiations and a mutual agreement prior to the elections on how the region would benefit.

The governor also accused politicians she did not name of working to divide the region for personal gain.

She further called for the formation of a government system that will accommodate a prime minister and two deputy prime ministers.

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Politics

I Will Fence Mau Forest With or Without Government Support-ODM Senator

by Mustafa Juma
written by Mustafa Juma

An ODM senator has vowed to fence the Maasai Mau forest with or without any support from the government.

Speaking on Wednesday night during an interview with Tony Gachoka on KTN News, Narok senator Ledama Ole Kina insisted that people should be evicted from the forest.

He reiterated the importance of forests to an economy of a country, while giving a comparison of gorillas in the beautiful forest in Rwanda.

“I will fence the Mau forest with or without the government support. Look at the gorillas in the beautiful forest in Rwanda and give credit to Paul Kagame,” he said.

While supporting the move to have people evicted, the senator dismissed claims that the settlers possessed title deeds and that some genuinely bought land there.

He said they were instead being used as “human shields” through the creation of a “human misery” narrative so that the rich politicians could continue with their illegal businesses.

“Show me those poor people. Show me one who can produce a title deed and say I bought the land from so and so through the correct process,” asked Kina.

He threw his support behind Narok County Commissioner George Natembeya who has been accused by a section of politicians of pushing people out of Mau.

Ledama said Narok had never received a county commissioner who has been so pertinent and cares so much about conservation like George Natembeya.

“In the history of Narok county, we have never had a county commissioner who has been so pertinent and cares so much about conservation like George Natembeya,” he said.

He further said some of the richest people in Narok had made their living from logging in the Mau. He said the illegal activity was still going on and accused forest authorities for abetting it through corruption.

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Senator Ledama Rules Out Compensation for Mau Evictees, Tells Off Ruto

by Mustafa Juma
written by Mustafa Juma

Narok County senator Ledama Ole Kina has ruled out compensation for those being evicted from Maasai Mau forest, saying it was difficult to determine.

Speaking during an interview with KTN News on Wednesday night, Ledama said most of those being evicted from the Mau have “second homes” mostly in other parts of Rift Valley.

The legislator argued that it was the reason that politicians such as Elgeyo Marakwet Senator Kipchumba Murkomen and Kericho Senator Aaron Cheruiyot were against the evictions.

The senator said the talk of “human misery” on the evictions and that children would be displaced and miss out on schools was part of the narrative by powerful people.

“If these people did not have a second home, then you wouldn’t see the likes of Murkomen and Cheruiyot coming to say we are defending our people. We have a million schools in Kenya… if these people are moved from here, they can be readmitted in other schools for free; that’s not a big deal,” he said.

He asked the President not to relent on the evictions.

“I’m even on record asking the President to suspend everything on his Big Four agenda, put his Cabinet on this issue, set up a tent in Mau and invite every single person who is laying a claim on the Mau and find a solution,” he said.

He added that the language of the politicians allied to Deputy President William Ruto showed his hand in the Mau issue. He urged Ruto to “stop interfering”.

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ODM Senator Reveals The Cartels Fighting Mau Eviction For Self Interests

by Mustafa Juma
written by Mustafa Juma

Amid the ongoing standoff on Maasai Mau Forest evictions, an ODM senator has revealed the people who are fighting to prevent government eviction just to protect their commercial interests in he forest.

While the fight against the eviction has been speculated to be political, Narok Senator Ledama ole Kina has said senior Government officials from previous regimes hived off parts of the Mau for tea plantations and illegal activities such as logging.

Speaking in an exclusive interview with KTN News on a show dubbed KTNPointBlank aired on Wednesday night, Ole Kina claimed the politicians, including former permanent secretaries and MPs, brought in people to use as cheap labour.

The people then opted to settle there and earn extra income by plundering forest resources because they were being paid peanuts, he alleged.

His utterances coincide with Environment Cabinet Secretary Keriako Tobiko’s remarks that powerful individuals would soon be arrested after Government completes investigations into the encroachment of 14,000ha in the Mau.

“Those people who own huge chunks of land brought in labourers to do the illegal activities for them, for example planting tea and logging. Since they were paid peanuts, these people also got into activities such as logging and burning charcoal,” he said.

The senator dismissed claims that the settlers possessed title deeds and that some genuinely bought land there. He said they were instead being used as “human shields” through the creation of a “human misery” narrative so that the rich politicians could continue with their illegal businesses.

“Show me those poor people. Show me one who can produce a title deed and say I bought the land from so and so through the correct process,” asked Kina.

“Those corrupt and unscrupulous powerful people who worked in government are the ones who are now using the poor people as shields because they do not want to be evicted from the Mau, they want to continue using it for logging.”

Kina said some of the richest people in Narok had made their living from logging in the Mau.

He said the illegal activity was still going on and accused forest authorities for abetting it through corruption.The water tower spans several counties with Narok being one of them.

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