Tuesday, December 3, 2013

Journalists hold street protests over media law

Journalists Tuesday held protests in Nairobi and other major towns over changes in the media Bill that curtail press freedom.
Editors’ Guild vice-chair David Ohito led journalists in peaceful picketing in Nairobi.
The protests were also held in Mombasa, Nyeri, Nakuru and Eldoret.
In Nairobi, the journalists converged outside Nation Centre before starting the procession on Kimathi Street, Moi Avenue and later joined Harambee Avenue before presenting their memorandum to the Office of the President, Deputy President, Attorney General and to Parliament.
The media personnel bound their mouth and camera lenses with tapes.
Mr Ohito said journalists would move to court if Parliament passed memorandum proposed by President Uhuru Kenyatta “which worsened an already bad Bill.”
Mr Ohito said the country requires free and independent media and that regulations should only be through the Media Council or a professional body composed of journalists.
“The clauses in the media Bill should be in tandem with the constitution and reflect modern society,” Mr Ohito said.
WITHDRAW PROPOSED LAW
He said Parliament should raise at least 233 MPs to overturn the changes proposed by President Kenyatta or the Head of State should withdraw the proposed law and send a proper one to the House.
Media Owners Association said President Kenyatta’s memorandum of refusal on the Kenya Information and Communications (Amendment) Bill, 2013, should be taken to a parliamentary departmental committee on Energy and Communication.
MOA on behalf of the Nation Media Group, Radio Africa Group, Royal Media Services, Kass and Standard Group said the Bill as passed by the National Assembly on October 31 fundamentally violates the Spirit and Letter of Article 34, Freedom of the Media and is thus unconstitutional.
“In some respects, the proposals by H.E. the President in his Memorandum to the National Assembly are even more violative of the Media Freedom, enshrined in Article 34, than the Bill as originally enacted by the National Assembly,” the MOA said.
It said Article 259 requires implementation of the Constitutional Right of Media Freedom in Article 34 in a manner promotive not restrictive, of the purposes, values and principles set out in the Constitution.
“Media Freedom is part of the Bill of Rights Chapter Four which can only be amended through a referendum. That is how importantly the drafters of the 2010 Constitution regarded Media Freedom, no doubts informed by our history including raids and vandalisation of Media Houses; KTN/Standard and Royal Media Services jump to mind,” MOA said.
MOA said the amendments by Parliament and in the President’s memo do not promote the values and principles behind Article 34 of the constitution on media freedom and that they restrict “and in a very real sense obstruct, negate and reverse media freedom.”
The Bill, MOA said, seeks to exercise control and to interfere with broadcasting and the production, circulation and dissemination of information in both print and electronic media.
MOA wants clause 3 (2) (a) (b) (c) (d) and (e) of the Media Council Bill be deleted and clause 8 (9) and 10 amended.
“The limits to Media Freedom are set out in Article 33(2) of the constitution. Those limits cannot constitutionally be extended via an Act of Parliament,” MOA said.
MOA said media freedom is an important pillar in Kenya’s democratic development and helps people to hold their leaders accountable.

Construction of the Sh55.6 billion Greenfield Terminal at JKIA set to begin

The construction of the Sh55.6 billion Greenfield Terminal at the Jomo Kenyatta International Airport is finally set to start after years of controversy.
President Uhuru Kenyatta Tuesday officiated the ground breaking ceremony for the new terminal that will further push up the status of Kenya as a regional aviation hub. The Greenfield Terminal is set for completion in 2017.
The proposed terminal has been a battlefront for competing interests whose fights for the control of the tender has spilled into boardrooms, courts and even the National Assembly
.
The terminal was initially set to start in early 2012 but this was halted after transport minister Amos Kimunya argued the selection of the two Chinese firms that were to start construction had been unprocedural.
“The new terminal will be constructed to increase annual handling capacity by 20 million passengers. Construction begins in December 2013 and will be completed in 2017,” said the Kenya Airports Authority in a statement Friday. 
The facility will increase JKIA’s passenger handling capacity to 20 million passengers. The current airport was originally designed for an annual capacity of 2.5 million passengers. Presently it handles 6.5 million – or three times more than it was designed to handle, leading to difficulties in meeting international customer service standards.
PASSENGER TRAFFIC
Passenger traffic at the airport has been growing at an annual 12 per cent per annum.
By 2020, the passenger numbers are expected to almost triple to 17.1 million and grow by a further 100 per cent to 35.3 million by 2030. JKIA is projected to contribute over 10 per cent of the GDP through support of tourism, horticulture and other sectors.
In August last year, Mr Kimunya came under fire for cancelling the tender for the construction of the new terminal. Kimunya was protesting the award of the contracts to Anhui Construction Engineering Group and China National Aero-Technology International Engineering Corporation, which had been awarded the contracts after clearance by the Public Procurement and Oversight Authority. The awarding of the contract to the two firms might have cost former Managing Director Stephen Gichuki his job.
Though he served a first three year term, he had been sent on compulsory leave in August last year on allegations that the award of the contract was irregular. This was however, overturned by the Industrial Court that ruled the board should reinstate him.
But soon his luck would run out, because he was never considered for a second term. Instead, the board sent him on a terminal leave in August, two months before his term expired. This, the board had said, was in line with hiring rules that required Mr Gichuki be away so as not to influence the hiring process.
The Greenfield Terminal will transform JKIA into among the largest airports in Africa.

The clashing styles of Kenya’s four Presidents

Kenya has had four Presidents, the current one being a son of the first, and they all took to office different styles of governance and symbols of radiating power and authority.
President Uhuru Kenyatta exhibits the easy-going and free spirit of young ‘digital age’ national executives such as America’s Barack Obama and UK’s David Cameron. But the first two stood out in the way they exercised power and symbolised authority.
Mzee Jomo Kenyatta had his flywhisk and bakora (walking stick), and beaded cap extolling the everlasting symbolism of the colours of the Kenyan flag. His successor, Mzee Daniel Moi borrowed the symbol of authority of a man in the Kalenjin heritage — rungu (baton). Both also had their subjects bear their badges on the lapels of their coats and the red Kanu shirts and ties adorned with the colours of the national flag.
But enter Mwai Kibaki in 2002 and there was a little plainness in the way he exuded power, turning up at public functions with miniature notebooks and pen. Like the university lecturer he was in early 1960s, he would take notes as leaders spoke, then he would later, in his usual witty style respond to their exhortations and advice.
Mzee Kenyatta had a taste for traditional music, which would at times lull him to sleep in public, while Moi had a preference for not just traditional music but mass choirs belting out patriotic and religious songs.
Uhuru’s entry this year brought in a new style, with the youthful leader often patting the backs of his guests, including journalists. Embrace and long handshakes characterise his way of getting guests feel free and then the laughter itself is roaring and rocks the ribs. 
Historians and leaders who have lived through the past three regimes and have had a taste of Uhuru’s agree that although Kenyans are still mesmerised by the presidency, the office has been demystified.
Gone are the days when a presidential rally was incomplete without the rallying call of ‘harambee’ goaded by the wave of rungu, bakora or flywhisk. In Moi’s harambee was followed by the shout of Nyayo! meaning walking in Mzee Kenyatta’s footsteps. 
Radiated power
Under Mzee Kenyatta and Moi, Kenyans were accustomed to a President who radiated power, publicly issuing declarations and extolling the powers of ‘Black Man’s’ self-rule.
Unlike Mzee Kenyatta who was referred to as Mzee, the second President earned the name of ‘Baba wa Taifa (Father of the Nation) which was popularised by mass choirs.  Kibaki appeared less moved by the trappings of power, maintained limited public appearances and seemingly showed just a little interest in praise songs.
Kenyans who had been used to the Moi era’s off-the-cuff speeches were transported to a lecture hall where Kibaki relived his Makerere University days, delivering short speeches crafted from notes extracted from his notebook.
Enter Uhuru and Kenyans now keep abreast with a digital-savvy leader through his Facebook and Twitter updates. 
Leaders asked by The Counties to compare the four presidents agree Moi was the most generous and politically cunning Head of State, Mzee Kenyatta the father figure of the nation and Kibaki the aloof one.
It is also indisputable that Moi is a man one could count on when beset with financial difficulties although he was tough president who lived by the principle of keeping his friends close and his adversaries even closer.
Former Wundanyi MP Mwandawiro Mghanga describes Mzee Kenyatta as a patriot who loved life and presided over the best economic period in the country.
While Kenyatta was not listening to traditional dances or school choirs he would be relaxing in Mombasa where he at times swam, next to State House.
Mghanga, a former University of Nairobi student leader recalls Mzee Kenyatta had a sense of humour and loved patriotic songs from dancers visiting in Nakuru and Mombasa State Houses.
“I attended one such session in Gatundu where a group of women were singing for Kenyatta. In the course of the performances, Mbiyu Koinange, who was sleeping, woke up and told the women to leave. Teasingly, Kenyatta asked him to sing for him now that he had dismissed the women,” Mghanga says.
Though a capitalist, Mghanga explains during Kenyatta’s time, basic commodities were affordable, though he dealt ruthlessly with those who opposed him. 
Veteran politician, Wilson Leitich, a former Nakuru branch Kanu Chairman describes Moi as a generous and kind person who was always willing to help people irrespective of their ethnic background.
“Mzee would invite us to State House for consultation as local leaders and we could not leave that place empty-handed. He was a cheerful giver,” recalls Leitich.
Mghanga says that Moi was not elitist, a factor that saw him embrace illiterate but shrewd people to help him entrench his rule.
“That is why people like the late Mulu Mutisya, Ezekiel Barng’etuny and Kariuki Chotara as well as educated people like late Mutula Kilonzo, Moses Wetangula and Raila Odinga worked with him,” Mghanga says.
He adds: “But whether you were a close friend to Moi, he could be with you now and fire you in the next minute through KBC radio just like he did with Philip Mbithi, former Head of Public Service.”
However, former Nakuru North MP, Koigi Wamwere who was detained by Mzee Kenyatta and Moi has some unflattering memories of the Kenya’s second Head of State.
 “In August 1982 attempted coup, Moi had two days of trouble and that made him a man Kenya had never known over the years. He was ruthless in crushing rebellion,” Koigi observes.
Historian Prof  Macharia Munene argues: “People did not understand Moi. They underrated him but he was  calculative and decisive, a schemer who played the fool. That is how he ruled for 24 years.”
He believes Kibaki was a good planner and economist but a poor politician who did not know how to deal with a political situation and that is why he had many political problems.
Ironically, Koigi, who was freed from detention by Moi fondly describes the late Kenyatta as a no-nonsense patriot who sacrificed a lot during the struggle for independence but later left the country in political wilderness.
“Kenyatta was an excellent leader during the struggle for independence. He was charismatic, promising and a true son of Africa. But just like the biblical Moses, he took us from Egypt but failed to deliver us to Canaan. He left Kenyans in the desert,” Koigi laments.
Mghanga says Mwai Kibaki’s leadership was marked by aloofness and a non-committal style. “Kibaki allowed only his inner circle inside State House and let people do their work without necessarily through his efforts. The economy grew,” Mghanga says.
According to Leitich, Kibaki served diligently although his leadership style involved keeping to himself unlike his predecessors. “Kibaki hakuwa mtu wa watu. Alikuwa mkono gamu,’’ he adds.
Mghanga argues Uhuru has fashioned himself as the President of the people.
 “His presidency is characterised by nationalistic populism. He is easily accessible even to the smallest person, simple and has a sense of humour. He has opened State House to all Kenyans,” Mghanga says.

Ex-Nokia employees launch new smartphone

A team of ex-Nokia employees has released the first handset running on a new smartphone platform.
The Jolla phone — pronounced Yol-la — is powered by open-source operating system Sailfish, but can run most apps designed for Google’s Android platform.
The company has paired with a major Finnish network, and hopes to set up a similar deal with a UK operator.
Industry analysts said Jolla faced a challenge in taking on a market dominated by Google and Apple.
Just 450 Jolla phones will be available at launch tomorrow evening, with the majority going to customers who have pre-ordered the device.
Open approach
Co-founder Marc Dillon told the BBC the company was in the process of ramping up manufacturing.
He said the phone’s ethos was to provide a more “open” approach to how people used their mobiles, a contrast to the relatively closed systems used on the iPhone and, to a lesser extent, Android devices.
“There’s different opportunities for people to get apps form different places, different stores,” he said.
“We’ve created a world-class platform. Users will be getting more choice.”
The platform — originally called MeeGo — was developed by Nokia, but dumped in 2011 in favour of the company adopting the Windows Phone system.
Nokia released just one handset running the software, the N9-00.
Antti Saarnio, chairman and co-founder of Jolla, told the BBC in May that MeeGo — now called Sailfish — had not been given enough chance to succeed.
“Everybody felt so strongly that they wanted to continue,” he said.
Large parts of the Sailfish code were open source, which meant anyone could expand and adapt the platform, Mr Dillon said.
“We are ramping up our Jolla community right now. There’s already a Sailfish website so that developers can come and contribute.”
David versus Goliath
According to CCS Insight, 81 per cent of smartphones shipped globally from July to September ran Google’s Android software. Apple’s iOS accounted for 13 per cent.
Smaller players such as Blackberry, Microsoft and Mozilla made up the numbers.
Analyst Geoff Blaber, from CCS, said while it might seem Jolla was taking on an impossibly large challenge by trying to muscle in, its strategy could pay off.
“It’s easy to characterise this as David versus Goliath,” he told the BBC. “But the fact is if Jolla can maintain a competitive cost base, there is already an enthusiast base seeking this product. It could be successful.”
But Mr Blaber added the handset was a means to an end, and that Jolla’s long-term strategy was to create a operating system it could licence to other manufacturers.
Jolla may also be buoyed by support in its home country as a result of Microsoft’s planned buy-out of Nokia.
“We’re not trying to piggy-back, but we have seen a bump,” said Dillon. “We’ve had a lot of support in Finland.”
Blaber added: “This is the ‘what might have been’ scenario had Nokia not gone down the Microsoft road with Windows Phone.”
The Jolla smartphone comes with interchangeable back panels that alter the phone’s software.      
-BBC

It’s official — Kenya will stop refinery operations

Kenya will operate without a refinery of its own, the Energy ministry has confirmed.
Energy and Petroleum Cabinet Secretary Davis Chirchir last week told Business Beat that once the government severs ties with Essar Energy, it would convert the Kenya Petroleum Refineries Ltd into a storage facility. This would be in line with recommendations made by the Energy Regulatory Commission.
The energy industry regulator in April recommended that KPRL — which is the only oil refinery in East Africa — be used to handle imported refined petroleum products, given that it was proving to be more costly to refine products at the facility.
ERC estimated that in the 28 months between December 2010 and April this year, the economy had lost Sh13 billion due to inefficiencies at the refinery.
This works out to about Sh15 million in losses a day. The money is factored into the retail price of petroleum products at petrol stations.
Mr Chirchir, however, said jobs would not be lost, adding that the about 300 workers would be redeployed to the 800,000 metric-tonne storage facility. KPRL currently uses only 260,000 metric tonnes.
“This refinery is not an asset that we can completely close. The option is to turn it into a tank to store more products,” Chirchir said. “We don’t want people to lose jobs because we are not closing the refinery.”
The government will have to take up the 50 per cent share Indian firm Essar Energy owned in the Changamwe-based refinery.
The National Treasury is expected to have at least six months to source for funding and complete the transaction.
Chirchir said the government plans to complete the transaction as early as possible.
“We are going to reduce this period.”
The conversion of KPRL into a storage facility will mean that Kenya will have to put up a new facility or use the planned Ugandan refinery if it decides to being refining petroleum. Chirchir said Kenya is still weighing its options.
Essar Energy announced plans to exit from the joint venture it operated with the government, saying the upgrade of the 53-year-old refinery is not economically viable in the current refining environment.
Essar had committed to undertake a $450 million (Sh38.8 billion) upgrade of the facility before announcing it had quit the venture.
This comes five years after the Indian firm, through its  subsidiary Essar Energy Overseas, bought 50 per cent shareholding in KPRL from BP, Chevron and Royal Dutch Shell at $7 million (Sh602 million).
Essar has exercised a put option under the shareholders’ agreement to sell its 50 per cent stake in KPRL to the government at $5 million (Sh430 million).
KPRL produces liquefied petroleum gas (LPG), gasoline, diesel, kerosene and fuel oil.

Kibaki blames Moi for slow growth

Former President Mwai Kibaki has taken an indirect jibe at his predecessor Daniel arap Moi for slowing down the country’s growth even as its peers prospered.
In his first public lecture since he left office in April, Mr Kibaki who Monday spoke on Kenya’s journey since independence, said the first decade of the Moi regime was a “period of backsliding”.
“In terms of state organisation, there was an outstanding difference between the period spanning 1966 to 1982 and the one that followed 10 years after until 1991.
It was a fact that the leadership feared organised political opinion that went contrary to the ideology of the government of the day posed a threat to the interests of the state,” Mr Kibaki said.
Mr Moi replaced Mzee Jomo Kenyatta in 1978 after the latter had led the country since independence in 1963.
But Kenya’s third President argued the gains Mzee Kenyatta had brought on board were eroded during the Moi era.
“The descent into a period of backsliding and stagnation that followed this terrific start lasted almost one complete human generation.
Well, at times every country experiences down moments characterised by diminished fortunes.
And Kenya had its own share of time of wandering in the wild.”
The former president spoke to a gathering of about 2,000 students, lecturers, government officials and the public at The University of Nairobi’s Taifa Hall.
The talk was titled “Kenya @50: Of hindsight, Insight and Foresight, Reflections on the State of the Nation”.
Mr Kibaki’s 15-page speech lasted an hour and 16 minutes. After his talk, the audience asked 12 questions — he answered only one.
But there was a flowing irony — Mr Kibaki was an MP from 1963 to 2013, served as Finance and Health minister and even as Vice-President in the Moi regime until he parted ways with the second president during the clamour for multiparty democracy.
Yet he argued that only multiparty democracy brought back the hope that Kenyans had.
“It also opened up opportunities to give the country’s leadership a new vision.
Besides, the expanded political space gave the country hope for a new constitution.
That long awaited dream bore fruit once the promulgation of the new Constitution took place in 2010.”
Other success stories, he added, include free primary education, revival of the cooperative movement, annual economic growth of 7 per cent as well as an improved road network in the country.
However, he has a warm assessment of President Kenyatta’s government.
The former Head of State thinks the Jubilee administration has been above average in its first seven months in power.
“So far, the leadership of this country has done what has been within its ability and reach, with regard to getting Kenyans to the promised land. However, a lot still remains to be done,” he said.