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I forget to mention something in my ealier posting….there is nowhere in the NARA,where the word ‘expanded cabinet is mentioned’. What we know as at now, is that the current, cabinet is illegaly in office.
I am forwarding this piece from daily nation:

Commentary:

WHY KIBWANA’S VIEWS ON TWO CENTERS OF POWER ARE HOLLOW
Daily Nation Publication Date: 4/11/2008

Reading Prof Kivutha Kibwanas opinion (DN, March 9) on power-sharing, one gets the feeling that not even eminent scholars can be looked upon to genuinely guide the country in times of trouble.

Prof Kibwanas views are largely in agreement with those of senior counsel Mutula Kilonzo, who belatedly takes the view that ODMs demand on power-sharing are unconstitutional.

Prof Kibwana asks whether it is possible to demolish the current Cabinet to pave the way for a new one. He wonders whether that should not have been a subject of Annan negotiation.

The nature of Cabinet that we should be having in place, and how the same is to be appointed, are clearly spelt out in Section 3 of the National Accord Act, which law came into operation two weeks ago. The question, the good law scholar should be asking is: Is the Cabinet, as currently constituted, in compliance with the relevant law?

Prof Kibwana takes the view that all ministries are equal. In theory yes, but section 4(3) of the National Accord Act, in providing for portfolio balance, clearly acknowledges that there are superior ministries. In any event, the current stalemate is as a result of the inequalities of ministries.

Quite strangely, Prof Kibwana has elected to mislead readers on the constitutional mandates of the Prime Minister and his deputies. Section 4 (1) of the Accord Act, which has been entrenched in the Constitution, gives the premier one specific constitutional responsibility, namely, coordinate and supervise execution of Government functions and affairs.

It must be stated that, this is not a delegated function that the principal (president) can withdraw. It is a constitutional mandate that can only be taken away by the same Constitution through an amendment.

Further, Prof Kibwana poses that Article 24 of the Constitution gives the President the prerogative to, among others, allocate ministerial positions. Section 4 (2) of the National Accord Act has since taken away that prerogative.

The most crucial executive power that Parliament, acting pursuant to article 23(2) of the Kenyan Constitution has chopped away from the presidency, is the authority to hire and fire half of the Cabinet.

As if that is not enough, the President must now consult the PM on appointment of his ministers, and that the Presidents team of ministers, as well as the prime ministers, shall be constitutionally supervised by the PM. Appointment of Cabinet is now a joint function of the President and the PM. There could be no other evidence of two centres of powers.

It is astonishing how proponents of executive presidency have chosen to read Article 23(i), leaving out Sub Article 23(ii). The latter permitted Parliament to take away, from the President, any amount of executive authority and vest it in whoever it deems fit. It is exactly in this regard that our Parliament enacted the National Accord Act.

Under Article 2 and 3 sub-articles 5&,6 of the Constitution of Kenya (Amendment) Act, 2008, the National Accord Act has been elevated to the same level as the Kenyan Constitution. This, therefore, means that a larger portion of the Kenyan Constitution, dealing with executive authority of the President, has been amended.

If I may ask Prof Kibwana and the likes, what is stopping President Kibaki from going ahead and form a Cabinet pursuant to Articles 16(i) 18, 19, 23 and 24?

By JOSEPH M. OGETO,
Nairobi.

________________________

African Press International – API

President Mwai Kibaki and Hon. Raila Odinga have in the past held several meetings on the formation of an expanded Cabinet. On Sunday April 6th 2008, they issued a joint statement to inform Kenyans that the discussions were nearing conclusion and that they were to conclude the following day. His Excellency President Mwai Kibaki, in his speech on Monday, April 7th 2008, made an invitation to Hon. Raila Odinga to meet and conclude the formation of the Cabinet. The invitation still stands.

The President is keen to see that the promise made to Kenyans is fulfilled. In actual fact, Hon. Raila Odinga has several times pointed out that where the negotiating teams have failed to make progress, the President and Hon Raila Odinga have succeeded in resolving the issues together. Hon. Raila Odinga has publicly said the gap is narrow and the President and Hon. Odinga should be able to bridge it. Therefore, President Kibaki, as he said on Monday evening, is ready to meet Hon. Raila Odinga at any time to resolve these matters and nothing or anyone should hold them back.

Negotiating Committees

It is also important not to prolong the talks by forming committees to restart the negotiations. Committees will only prolong the issue Kenyans are keen to see resolved as a matter of urgency. Negotiations moved from the committee stage a long time ago and should not be taken back. The President made a clear commitment and it is not his wish to keep on moving forward and backward, and is of the view that the promised programme should be followed and that swearing in of the expanded Cabinet should, as planned, be held this coming Saturday April, the 12, 2008.

It is important that a government be formed with the main purpose of serving wananchi and not for any other reason. Kenyans have waited patiently for the two leaders to agree and it is important that President Mwai Kibaki and Prime Minister-designate Hon. Raila Odinga meet one on one, as they have done in the past, and as soon as possible without pre-conditions, to conclude this matter once and for all. The President is ready.

 Dr. Alfred N. Mutua, EBS
PUBLIC COMMUNICATIONS SECRETARY/
GOVERNMENT SPOKESMAN

10th April, 2008

Publisher: Korir, API africanpress@getmail.no source.standard.ke

Nyagah went to the Anglican missionary school at Kabare in the present Kirinyaga District in 1925. Later, he was moved to Kagumo, where he sat his Standard Eight exams, before proceeding to Alliance High School.

One of his classmates at Alliance was former Attorney General Mr Charles Mugane Njonjo. He went to Makerere University College between 1940 and 1943, for a diploma in education, before proceeding to Oxford University College in the United Kingdom.

He often spoke of the home life that has been his pillar of strength since he met Miss Eunice Wambeere in his first posting at Kahuhia Teachers Training College.

Mrs Nyagah, who died last year at 79, the daughter of a colonial chief from Kirinyaga, shaped her husband’s distinguished political career.

When he became the founder principal of Kangaru School in Embu – where their firstborn Joseph Nyagah was born – they were man and wife. Among his students at Kangaru were Dr David Gitari, a former Anglican archbishop, politician Kenneth Matiba and former Central Bank Governor, Phillip Ndegwa.

He would interact with his students later in his political life. He would also meet them in the Anglican Church, where he was a lay leader for decades and a member of the synod at St Paul’s Cathedral in Embu.

Nyagah first vied for an elective political seat in 1950 when he stood for the Central seat and lost to Bernard Mate. It was the first and the last time he lost an election.

He captured the seat in 1958. Although he participated in the Lancaster House talks with other nationalists, education was the love of his life.

As a colonial principal, Nyagah insisted that the white and black teachers were either going to share all the facilities in the school or half of them were going to leave.

“JJ made it clear that it would be the whites to leave. The case was taken to the DC and JJ told him to go to hell and got away with it. Everybody instantly knew that it was the beginning of our liberation.”

Nyagah would recount his days as independent Kenya’s pioneer minister of Education with nostalgia. The Teacher’s Service Commission owes its roots to him.

He resisted his appointment to the Ministry of Agriculture in 1969, saying he was a career educationist.

Led a busy life

Incidentally, he made no secret of his aversion to farming. In retirement he never became a farmer. He preferred reading, and serving as a lay church leader and as the Chief Commissioner of Scouts.

His insight into the earlier lives of latter-day foes in the government was instructive. Moi and Matiba were his buddies. It was Moi who drove Nyagah and Matiba to collect keys from an Englishman who had sold Matiba his first house at Ridgeways, Nairobi.

Moi’s children, he said, stayed with the Matibas when they moved to Nairobi from Kabartonjo.

Running roughshod

Recalling that they had a great time together with the two latter-day political foes, Nyagah never stopped wondering where Moi and Matiba got the bone to pick with such fury in the 1990s.

Nyagah recounted the mischief that Njonjo played on Kenyatta’s senior Cabinet members. “They were legendary, running roughshod over everything.”

Njonjo denied ever having seen his classmate Nyagah at Alliance High School – his admission number was 415 and Nyagah’s 427.

Yet for all his achievements Nyagah would later in life be confronted with another paradox in his Embu backyard. JJ belonged to the Mbeere sub-tribe, but was born and brought up among the Embu.

He was the first initiator of major development in Embu. Yet with the sub-division of the constituencies, he finally found himself in his ancestral Gachoka constituency, Mbeere District.

Spending his old age there, the memories of his youth, the beacons of his achievements, the depository of his legacy lays elsewhere.

His life was a gift to them.

_________________________

African Press International – api

Publisher: Korir, api africanpress@getmail.no

President Kibaki in good terms talking and handshaking warmly as they discus the formation of Grand Coalition Government.

Raila: Mr President, you know I agree with you in what you say. The only problem is that my ODM people are pushing me very hard.

Kibaki: ODM people is your problem. I do not have time to waste thinking of them, especially those having pending case in court.

Raila: Who are you talking about in particular mr President?

Kibaki: The Kalenjin Ruto. You know he has cases in court and I have asked Marta to re-open the case.  Bye for now. I am going to meet Marta to see how far she has reached.

Raila: But what about the day to name the cabinet? When are we doing it? You know the US and UK ambassadors are pushing me and I must give them an answer. They are my ——- you know…….. and may be they want to inform Bush and Brown about my seriousness in this matter. Of course you know I cannot tell them our position and what you and me have agreed in secret. I am satisfied Mr President if you do not embarass me by withdrawing my motocade and the security detail.

Kibaki: Oh that, Yes, Saitoti had suggested that we pull them back because you are using the motocade when going to meet the two ambassadors. You know what we think about them. I have to go now. Bye bye. And please remember I actually do  not want this caolition thing. As Prime Minister designate, with massive security detail the Kenyans think you are the PM so why don’t you cool man! Bye bye now.

Kibaki decides to leave without satisfying Raila with good answers to take to Ruto. He surprises Raila by turning his back to him and moving away.

Raila realises that Kibaki is moving away from him and tries to put on a brave face. Kibaki discovers that someone behind the bushes by the hill was taking photographs of the two men.

Raila had some men behind the hill ready to snap some photos of the two as they held hands chating.

These two men are very difficult to understand. What are they really planning for the Kenyan people. Who is taking the other for a ride? Because one of them is not doing the right thing, otherwise they would have agreed to form a government without any further delay.

The next day:

Raila arrives at Harambee house secretly to see the president. The president did not expect him. When Kibaki saw him, he was unhappy because he knew Raila wanted to continue pushing for William Ruto to join the government.

Raila: Hallo Mr President (as he puts forward his hand for an handshake.)

Kibaki: Hallo, must we shake all the time you come to see me? Is there anybody taking photos today? I am tired of these handshakes because I know it will not lead us anywhere. I have a problem to share power and you know that. I feel you should wait and try your luck after my five years is over. 2012 is not far to wait. Oh let me not promise much because I have promised to help Uhuru, you know.

Raila: Give me the hand Mr President. The handshake is important for me, people are watching us all the time you know. And I must have this handshake. At least I will have a photo to show Ruto that I met you. He is my only headachce in Pentagon. he is a thinker and knows what her wants. Musalia and Najib are easy books to read. Ngilu …… aaah she is a woman so I know what to tell her so that she keeps quiet. May be make her the head of ODM women ….. something.

Kibaki: Okay, this one time only. Next time there will be no handshake because I hear you want evidence and I fear you might get my fingerprints for evidence. Marta told me you want us to communicate in writting only. That is not something that I give priority you know. I do not want to have a problem, with evidence being distributed around, incase I decide to change my mind anytime. I hear you want to bring back Annan. That is just okay but I assure you that I will not have time to see him. We should stick to the documents we signed but as you understand, we do not have to please anyone. I have the office of the president with my powers. I have allocated you good vehicles and security detail. The rest ….., man ……, let us keep things the way they are…….

(Kibaki reluctantly puts forward his hand to shake Raila’s hand, but as you see hands are not on each other for fear of fingerprints and evidence.

Raila arrives at the Pentagon the ODM headquarters where William Ruto is waiting for the news about his entry into the coalition. He wants to know if Kibaki accepts him to join the cabinet.

When Raila informed him of the decision that Kibaki would rather he clears the cases pending in court first, Ruto gets furious the Kalenjin-way and blasts Raila.  Ruto asks Raila to leave the Pentagon office. He takes over Raila’s seat and sends him out of the office. Raila is shaken. It became too much for him when Ruto shouted at him that he was taking over ODM, and drop him, and that if he does not leave quetly, he will reveal all the secrets that they have shared.

Raila is saddened, walks out of the office, as he breaks into tears. His security detail outside the office sees him in tears and fall into shock and panic not knowing what has happened.

Is this the end of ODM and the Premiership?

Time has come for real sharing of power and all involved must realise that. And those said to be tainted may not get appointed to the cabinet if any is formed. But who is mr clean in Kenya leadership. If they continue vetting looking for mr clean, Kenya may never have a government soon.

<Is Hussein Obama a Muslim? AND IF HE IS, SO WHAT? MUSLIMS ARE HUMAN BEINGS.

Raila is known to be a tough nut to crack. He will come back in a big way and may change things. Ruto, beware man. Raila warns the others who try to sabotage his premiership that he will trun to his said-to-be cousin born “half Luo” brother Hussein Barack Obama. (Of course that can only happen if Obama becomes the US president!)

People know that there was one ODM-K and that was taken by Kalonzo M;usyoka. ODM remained and Raila kept but now Ruto wants it, but he forgets the meaning of the name ODM!

ODM = ODinga Marwa!

PNU is one party of people who want to enjoy things alone, saying “let us eat – Kazi ieendelee… forget other Kenyans, get yours and continue as if nothing is happening in the country, that is to say:

PNU = Pata Na Uendelee

The President may now decide, if people continue putting pressure upon him, that he dissolves parliament and send all MPs packing. That will result in new elections.

_________________________________

African Press International – API

Publisher: Korir, api africanpress@getmail.no

Story by  Scott A Morgan

In the Last Fortnight since the Highly Anticpated Elections in Zimbabwe occured the whole of Southen Africa has sat on pins and needles. The Speed of which the results have been announced has been a complete opposite as compared to previous cycles. This has caused tensions to ratchet up by the hour.

There have been several high profile reports in both African and Western Media outlets detailing the current state of affairs within Zimbabwe. The situation seems to get more desperate by the hour as it seems that the current ruling elite are pulling out all the stops in a desperate attempt to remain in power no matter what the cost.

What ever course of action is taken there will be a regional impact. In the days prior to the election Neighboring states Zambia and Botswana placed their Defense Forces on a Higher State of Alert. There is currently no evidence of these Forces Standing down as well. Also there have been rampant reports of crackdowns against Foreign Correspondents, Electoral workers and monitors and more invasions of Commercial Farms as well.

Despite these actions it appears that on the very surface there will be some Change in Zimbabwe. Both factions of the MDC (Movement for Democratic Change) have a Majority in the House of Commons and it appears that the Senate will be divided between the MDC and the current ruling party ZANU-PF conditional upon whether or not dirty tricks are played.

As this period of tensions had gradually built up the silence of South Africa, Namibia and Angola has been deafening. President Mbeki has maintained that the process is working within Zimbabwe. But the Opposition has demanded that stronger action be taken. The Opposition even went so far as to send a Delegation to UN Headquarters in New York to implore that the UN Security Council take up the Situation. The South African Delegation did not feel that the UN needed to take any action at this time. Currently South Africa is the chair of the UN Security Council.

Another path may be opening up for a resolution within the next 48 hours. The Regional Bloc SADC (Southern African Development Council) will be holding an Emergency Meeting this coming weekend at the behest of the current chair Zambia. It has been announced that President Mugabe and Morgan Tsvangiari the contenders for the currently disputed Presidency will attend the summit meeting. With both candidates attending it may be an interesting conference.

At summits in the past President Mugabe has been lauded as a great hero. He is one of the last Liberators from European Rule. So as the Founding Father of an Independent State He receives due praise. However since 2002 Zimbabwe has been on a downword spiral. Inflation is currently running at over 100,000%, Its Agricultural Output has virtually disappeared since he launched a program to redistribute land and he has tried to crush any vocal opposition.

Could Mugabe’s Peers be the ones who tell him that it is time to leave office?In the past they have been reluctant to criticize Mugabe for prior crises that have taken place within his own borders. It may be the only viable option available at this time. On more than one occasion there have been reports in the Regional Media outlets stating that what happened in Rwanda and Kenya will not be tolerated in Zimbabwe.

So what should these leaders decide on this weekend? First they need to press for the need to release the results of the Elections. Currently the courts have decided that the Country will have to wait until Tuesday for the results. The Cynics will say that this only gives ZANU-PF more time to prepare to impose their will. Also it appears that a Government of National Unity may have to be inagurated so that a New Series of Elections can take place. At the last resort should SADC even think of a Military Intervention  but it is gradually becoming clear that it may be a potentially viable option.

Whatever happens may hinge upon the Emergency Summit this weekend. And the results of that can either be helpful or harmful to the people of Zimbabwe.

The Author publishes Confused Eagle on the Internet. it can be found at morganrights.tripod.com

___________________

African Press International – api

Publisher: Korir, api, africanpress@getmail.no source.standard.ke

Kibaki, Raila still miles apart

Published on April 11, 2008, 12:00 am

By Standard Team

President Kibaki and Prime Minister-designate Raila Odinga, appeared to drift further apart even as African envoys engaged in shuttle diplomacy to bring the two to talking terms.

And a new bone of contention emerged on Thursday over six key ministries, which ODM says are all headed by ministers from the Mt Kenya region. The chasm between Kibaki and Raila widened when the President insisted that he would not respond to a terse letter ODM wrote to him on April 7, asking for “real” portfolio balance.

The letter also suggested that the President appoints a four-member team from both parties to spearhead the balancing act.

ODM pulled out of the negotiations, insisting that they would not engage further if the President did not reply to the letter.

However, the Government read political mischief in the manner in which ODM resorted to using letters to communicate with President Kibaki.

In an equally terse reply, Government Spokesman, Dr Alfred Mutua, the Government said the President was ready to have a one-on-one meeting with Raila to conclude the matter.

“He (Kibaki) has no desire whatsoever to exchange letters. All he wants is to sit with Raila and reach an amicable solution to the impasse,” said Mutua.

But unaware of the new development from Harambee House, Raila said he was still waiting for a reply from President Kibaki’s Party of National Unity (PNU) to respond to queries on portfolio balance and sharing of political appointments before he would meet the President again.

Kibaki appeared to dig in when he insisted that he would not dissolve the half Cabinet as demanded by the ODM.

The President also declined to accept ODM’s proposal to form a four-member committee to discuss the size of the coalition Cabinet.

Raila said the four-member committee was the best solution to resolve the contentious issues standing in the way of a grand coalition.

Besides the size of the Cabinet, the six key ministries in the half Cabinet also appeared to stand in the way of more negotiations, with ODM insisting that there would be no deal until the ministers and PS — all from the Mt Kenya region -— relinquished the posts for redistribution.

The contested ministries are Finance, Energy, Local Government, Internal Security, Justice and Constitutional Affairs, and Roads and Public Works held by Mr Amos Kimunya, Mr Kiraitu Murungi, Mr Uhuru Kenyatta, Prof George Saitoti, Ms Martha Karua and Mr John Michuki in that order.

Ministers, PSs from one region

Besides the ministers, ODM claimed the ministries’ Permanent Secretaries were from the same region. The PSs are Mr Joseph Kinyua (Finance), Mr Patrick Nyoike (Energy), Mr Cyrus Gituai (Internal Security), Mr Michael Kamau (Roads), Ms Dorothy Angote (Justice) and Mr Solomon Boit (Local Government).

But Angote and Boit are not from the region.

ODM also cited the post of the Head of Public Service, saying Mr Francis Muthaura also comes from the Mt Kenya region.

ODM Secretary-General, Prof Anyang Nyong’o, said the new Cabinet must reflect the diversity of parties and communities.

“If you analyse the contentious ministries of Justice and Constitutional Affairs, Local Government, Internal Security and Provincial Administration, Finance, Energy and Roads and Public Works, all are in the hands of MPs from Mt Kenya,” Nyong’o said.

Later in the day, President Kibaki returned to his Harambee House office where he remained holed up for several hours meeting, among others, Muthaura and Michuki. There was no communication from him.

On his part, Raila met US Ambassador, Mr Michael Ranneberger, and 21 other ambassadors from the African countries. After the meetings, Raila said ODM had proposed to PNU the formation of the four-member team to discuss how contested ministries should be shared out.

ODM now wants a structured approach in sharing the contested dockets, which they insist must be clustered and shared on an equal basis.

The ODM leader said unless power-sharing was extended to include permanent secretaries, diplomats and chief executives of parastatals, there would be no deal.

At the same time, Raila ruled out a fresh election, saying it could not be held now without changing electoral laws and appointing a new Electoral Commission of Kenya.

The statement came against a background of international pressure that power-sharing must be real.

Canada joined other countries in putting pressure and called on President Kibaki and Raila to exercise good faith in forming the Cabinet.

On Wednesday, the British Foreign Secretary, Mr David Miliband, asked for concessions on powerful ministries.

“There is a small gap that puts a wedge between us. It is about portfolio balance and sharing key Government structures,” Raila said. “We do not want to go into a coalition and start grumbling from within. We want issues resolved and before we start serving Kenyans.”

At a press conference at Pentagon House, Nyong’o said: “When we talk about portfolio balance, let it reflect the face of Kenya and address ethnic biases without fear or favour.”

Tension and violence

Raila, however, remained optimistic that the talks between him and Kibaki could still be salvaged. He said they had been suspended, not stalled.

As Kibaki and Raila continued dithering, the country remained at tenterhooks with reports of fresh destruction reported in Nairobi and Likia in Njoro.

Mobs in Nairobi’s Kibera slums continued uprooting the Nairobi-Kisumu railway line, while houses were torched in Likia.

The National Council Churches of Kenya (NCCK) joined in urging Kibaki and Raila to agree to fresh elections within six months rather than hold Kenyans at ransom if they could not agree to share power.

The suspense is threatening to burst into violence and destruction, said the NCCK.

“The media war between PNU and ODM is heightening emotions and is merely a cheap method of holding Kenyans at ransom with the threat of repeat violence,” said Secretary-General, Canon Peter Karanja, in Mombasa.

The European Union handed to all political parties the final report of its verdict on the last General election, telling them that it remained unclear who won the presidential vote.

“The presidential elections leave a legacy of uncertainty as to who was actually elected President by the Kenyan people,’’ said the EU report.

Head of Mission, Mr Eric Van Der Linden, handed a copy of the report to PNU, ODM, ODM-Kenya, ECK and the Kriegler Commission that is investigating the disputed presidential elections.

The effect of the stalemate between President Kibaki and Raila was the suspension of the mediation talks co-chaired by Nigerian diplomat, Mr Oluyemi Adeniji.

Two members of the PNU negotiating team told The Standard that the delay and political standoff over the Cabinet had derailed the mediation talks.

“We will only proceed with the Serena talks after a coalition government is in place,” said Mbooni MP, Mr Mutula Kilonzo.

Mutula said the impasse had affected quorum as negotiators were attending meetings to unlock the deadlock.

Mutula also added another dimension to the stalemate — it was linked to the Kibaki succession in 2012.

— Reports by David Ohito, Abiya Ocholla, Mutinda Mwanzia, Maureen Mudi, Beauttah Omanga, Brian Odera, Cyrus Ombati and Steve Mkawale

_______________

African Press International – api

Publisher: Korir, api africanpress@getmail.no source.nation

Kenya has n ow adopted circumcision as a policy. This is good for the Kenyan people. It is no secret that those circumcised have lesser risk to get HIV than those who are uncircumcised. The story below says it all. It is the foreskin covering the forehead that muscly keeps things, the sauce mixture when partners are in friction, thus bacteria growth is given easy breeding area. This happens if the inside of the skin is not washed properly immediately after being put into sexual use. Cleanliness plays a major role here. Those who are circumcised should not over exercise their sexual behaviour simply because they think they cannot get infected. There are those who are circumcised and still get the disease. What the scientist are saying here is that those circumcised are in a lesser risk than those not. This must not be taken to mean that one if circumcised should go around having unprotected sexual manoeuvres. API

Government adopts male cut as strategy in fight against HIV

Story by ARTHUR OKWEMBA
It is now official. A new circumcision policy for men aimed at reducing HIV infection rates has been published by the Government.

Women carry a placard during an HIV/Aids awareness procession. Photo/ FILE

The policy, stipulating how all willing Kenyan men, irrespective of their age, will undergo circumcision, sets into motion the use of the surgical procedure as a standard HIV prevention strategy for the country.

Health personnel from Government health facilities at various levels are to undergo in-service training to hone their skills on the new procedure.

A Male Circumcision Task Force that will guide male circumcision in Kenya will be set up soon.

Titled Policy on Male Circumcision in Kenya 2008, the document also wants circumcision to be promoted and delivered to males of all ages in a manner that is culturally sensitive to minimise the stigma that may be associated with an uncircumcised person.

In the past, fears been raised over the possible conflict between this policy and the traditions of some of Kenya’s communities, which, as a custom, do not practise circumcision.

While some Kenyan communities invoke religious, cultural or social reasons for circumcision, others like the Teso, Luo, Turkana, and a few groups in the Coast undertake other rites of passage, which do not include circumcision.

Circumcision involves the removal of the foreskin of the male member.

Studies have shown the skin’s inner mucosal surface to be the breeding ground for the virus. This is because compared to the external surface, more of its cells are vulnerable to HIV infection.

Circumcisers will, therefore be required to counsel males and use techniques that reduce or eliminate the pain associated with such a surgical procedure so as to encourage more men to opt for circumcision.

Says the policy: “Ensure that male circumcision is performed by well-trained practitioners in antiseptic settings under conditions of informed consent, confidentiality, risk reduction counselling and safety.”

Health facilities from the dispensary to the district hospital levels are to be strengthened to ensure that they cope with the expected demand from men seeking to be circumcised.

Those implementing the policy will be required to put in place appropriate laws, regulations and supervisory mechanisms that are going to ensure that circumcision services are accessible and provided safely without any discrimination.

The Government’s move to adopt the policy comes at time when results from HIV vaccine trials indicate that circumcised volunteers had a lower risk of HIV infection compared to their uncircumcised counterparts.

Scientists are trying to investigate this development further to see if there is any correlation between the HIV vaccine and circumcision.

Likewise, the policy is also being implemented at time when there are fears that the number of males being circumcised may be reducing.

According to the 2003 Kenya Demographic and Health Survey, close to 72 per cent of men aged between 15 and 19 years were circumcised compared to 84 per cent above this age. However, the survey does not analyse HIV prevalence in regions that predominantly circumcise compared to those which don’t.

The new policy has generated excitement and disquiet among members of the public who talked to Nation, with some praising it and others saying it will worsen the vulnerability of women to HIV infection as men are likely to refuse to have protected sex.

Unprotected sex

“Circumcising every male is good because it will reduce chances of HIV infection,” says 25-year-old Brian Okila from Westlands in Nairobi.

But Ruth Njeri, an anti HIV/Aids campaigner, fears that the idea behind the new policy may make circumcised men engage in unprotected sex thinking they are safe.

“Men who have been using condoms or those who have been faithful to their spouses will now opt for unprotected sex,” Ms Njeri says.

In Kisumu, for instance, there have been reports of circumcised males engaging in unprotected sex and then ending up with HIV infection.

Such tendencies are bothering the Ministry of Health as well.

In the proposed policy, the Government says those promoting circumcision should ensure it does not replace the known effective HIV prevention methods and that it should always be considered as part of a comprehensive prevention package.

The policy further states: “Community and individual education programmes provide sufficient and correct information on the partial protection provided by male circumcision and the continuing need for other HIV and sexually transmitted infection prevention measures.”

Fourth component

This means circumcision will be treated as the fourth component of the popularly known ABC – Abstinence, Being faithful to one’s partner, and Condoms — methods of prevention. As such, health providers and communicators are now going to adopt the ABCC slogan, with the last C representing Circumcision.

“What we are trying to pass across is that a circumcised man who either uses a condom or is faithful to his partner has a reduced risk of HIV infection,” says Prof Alloys Orago, the director of the National Aids Control Council.

The other issue the Government has to grapple with is the cost of circumcision. While it acknowledges that the intervention is expensive, it does not specify where resources for implementing it are to come from.

It just calls on the Ministry of Health to “strengthen health systems to ensure that male circumcision programmes do not interrupt or divert resources from other primary healthcare services”.

To achieve this, the Ministry is required to integrate the management of reproductive, sexual health and HIV prevention programmes to provide male circumcision services.

Strengthening the services through monitoring and evaluation to guarantee quality control and planning purposes are other issues that are to be addressed before the programme gets fully underway.

The proposed Male Circumcision Task Force is expected to help the Government confront these challenges. Some of its functions include:

• Advise the Ministry of Health on plans and development programmes for expanding safe, accessible and sustainable male circumcision services for the country.
• Guarantee professional, technical and administrative excellence as male circumcision services are expanded.
• Ensure accurate and appropriate dissemination of information to individuals, communities and the media regarding male circumcision services.
• Make certain that male circumcision is promoted within the context of the overall improvement of healthcare services.

The decision to adopt circumcision as one of the HIV prevention strategies is informed by research findings of three main studies done in South Africa, Uganda and Kenya, which showed that circumcision can reduce the risk of HIV infection by up to 60 per cent.

World Health Organisation and UNAIDS have already issued a strong recommendation calling for increased male circumcision rates in countries where HIV infections are high.

Kim Dickson, the coordinator of the joint WHO/UNAIDS team that came up with the recommendations, is quoted in the March 2007 edition of New Scientist magazine as saying: “We reviewed all the evidence, and it is compelling.”

In the South African study, circumcision was found to reduce HIV infection rates by more than 60 per cent in a group of 3,000 HIV-negative men

Of the 1,546 circumcised men, 20 became infected with HIV, while 49 of the 1,582 uncircumcised men were infected.

Funded by the French Agence Nationale de Recherches sur le Sida (ANRS), the study sent a strong message in 2005 on the effectiveness of circumcision in HIV prevention.

Buoyed by results

Buoyed by these results, South African scientists supported large-scale male circumcision as a possible strategy for preventing two million HIV infections and 300,000 deaths in their country during the next 10 years.

In December 2006, the Data Safety Monitoring Board that was overseeing the Kenyan and Ugandan male circumcision trials announced that the operation was a safe and effective way to reduce HIV infections among men.

The two-year trials in Kisumu and Rakai, Uganda, involved adult HIV-negative heterosexual male volunteers who were randomly divided into two groups — one group was circumcised and the other wasn’t.

In the Kisumu trial, circumcision reduced the chances of getting infected with HIV by 53 per cent. Similar results were registered in the Rakai trial in Uganda.

When these trial results came out, National Institute of Allergy and Infectious Diseases (NIAID) director, Anthony S Fauci, whose organisation supported and conducted the studies, said: “We now have confirmation showing definitively that medically performed circumcision can significantly lower the risk of adult males contracting HIV through heterosexual intercourse.”

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African Press International – api

Publisher: Korir, api africanpress@getmail.no source.nation.ke

Being in prison that long causes a person to dislocate from public life totally. It is not going to be easy for him to adjust. He may get into depression. That is why the society should be helpful and ensure that he gets the necessary help so that he does not commit petty crimes in order to make a living. The authorities should be the first to understand him when he is now going out there and try to survive as a normal person with the freedom he is not used to have. The local community, the churches and the locals should help him re-establish his life. The ways the prison officials have praised him of good conduct should tell the public something about the man they only know as a criminal. He is now of very good conduct and was even made a prefect for 2500 inmates. The area chief and councillor should show leadership and give him guidance the first months of his life in freedom in order to resettle and be part of nation building. API

Tasting freedom after 44 years behind jail bars

Story by MATHIAS RINGA
 When 66-year-old Rashid Juma stepped out of the gates of Shimo la Tewa prison in Mombasa on Tuesday evening, he felt like he had been born again. 

Rashid Juma talking to the Press upon receiving news of his release at Shimo la Tewa. Photo/LABAN WALLOGA

His miseries began in 1962 when he was just 20 years old. He says he was jailed for seven years for assault.

Upon his release, his freedom did not last a day as police from Kisumu came for him at night and arrested him on suspicion that he had murdered a town dweller.

Raided his home

He said he was just fast asleep after spending some hours with friends at a dance in a Kisumu night club when the police raided his home and arrested him.

Three of his friends, he says, were also arrested and were treated as the prime suspects of the murder after the body of was found dumped on a street.

Juma, however, is glad that during the time of their sentencing in 1969, he was given a life sentence while his colleagues were condemned to death and hanged at Kamiti prison.

But the elderly man was all smiles when President Kibaki assented to his release from Shimo la Tewa on Tuesday.

Juma who comes from Nyang’oma in Bondo District left for his home on Tuesday.

Before his arrest, he used to work as a construction labourer and once in a while he would go fishing in Lake Victoria.

Having been away from home for years which surpass the life expectancy of a Kenyan, Juma was unable to bury his beloved parents and his wife, who died 28 years ago. He recalls that at the time he left home, he was married with two children, a boy and girl.

“I am sad that I was not able to attend the burial of my parents and my dear wife because I was in jail. There was nothing I could do about it. Imagine you remaining away from home for 45 years!” he exclaimed.

Wasting your life

And he has a message for people who have never been in jail: “Never dare to break the laws and end up in jail. It is not a good place to be because you end up wasting your life. I am utterly disgusted that I wasted all my active life in jail.”

“Now I am old and I have nothing to be proud of. I missed my family life and all the potential I had to live a good life slipped out of my fingers, because of my failure to maintain the law,” he said, full of regret.

Juma served his sentences during the reign of Mzee Jomo Kenyatta, President Moi and later President Kibaki.

He has served in a good number of prisons including Kamiti,  Kisumu, Naivasha and Shimo la Tewa.

The officer in-charge of Shimo la Tewa Prison, Ms Wanini Kireri, said that she received a letter from the commissioner of prisons, Mr Gilbert Omondi, ordering that Juma be released after the President’s acknowledgement.

Ms Kireri added that the prison management had recommended that Juma be released because he was disciplined and of good conduct. Juma thanked the President for the gesture.

While serving his sentence, Juma trained in carpentry, tailoring and painting.

The former convict has Grade 1 certificates in all the disciplines.

According to Ms Kireri, Juma was the lucky prisoner to have succeeded in being released from the prison since 20 of his colleagues, who were serving life sentences, failed to get release orders.

“Sincerely, I lack words to explain my happiness  because I have been languishing in jail for many years. In fact, I had lost hope that one day I will be in freedom,” the elderly man explained amid chuckles.

“I do not know how I will start my life out of jail, since I am aged and the only place I have called home was the prisons.

“I will have to learn how to cope with life out there as I am told life is very hard,” a beaming Juma said.

He says that he would be glad to see his only son, who is a dentist, and his daughter, who is now married.

“Despite the odds, I will be extremely happy to meet my son who is a doctor and my daughter. They used to visit me at the prisons, but I was unable to spend much time with them,” he said.

Asked whether he will marry again, Juma said marriage was not a priority to him any more.

He retorted: “To marry for what when I have burned out all my energy in jail? I have learnt to cope without a wife for 45 years. My priority now is on how I can adjust to the life outside there.”

While spending his life in jail, was he beaten by prison warders? we asked.

A humble person

Juma said he was not subjected to torture because he was a humble person and never attempted to break the prisons regulations.

He said: “I can explain with confidence that there was not at one time when prison warders beat me up. If you are obedient and humble, how can you be punished by the officers? ”

The elderly man said when you are serving sentence in prison, you are unable to realise your potential in life and therefore lead a life of hopelessness and despair.

He said you end up wasting your active life whereas probably you could do something which could help in building the nation as well as doing something you could be remembered for on earth.

Ms Kireri described Juma as a prisoner who served his jail term with humility, obedience and discipline.

Owing to his high discipline, she says, the prison management appointed him as a trustee and a leader of all 2,500 inmates.

“Juma was an obedient and disciplined prisoner. We appreciate that he has been rehabilitated and that was why we recommended his release,” the prison official said.

She said the President assented to his release owing to his good record while in jail, adding that prison authorities have confidence that he will be a law abiding citizen when he returns to his home in Bondo.

His relatives

Ms Kireri added that the Government provided the old man with fare to enable him travel home.

She said he had a bus booked for him, which was to take him from Mombasa to Kisumu where arrangements had been made for him to be received by his relatives.

Since Juma had no clue of Mombasa Town and where he was to board the bus for Kisumu, Ms Kireri ordered that a prison van take him there.

In total, Juma had six huge boxes and bags full of personal effects.

But before he left, his colleagues treated him to Giriama traditional songs and dances.

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African Press International – api