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

Story by LUCAS BARASA

ODM has voiced concerns over alleged irregularities in last year�s General Election to a team formed to investigate the polls fiasco.

Independent Review Commission chairman Johann Kriegler addresses a news conference as Prime Minister Raila Odinga looks on. Photo/PETERSON GITHAIGA

�We came to speak to you (Mr Odinga) in your capacity as ODM leader,� Mr Justice Kriegler said after a joint press conference with Mr Odinga.

Mr Justice Kriegler said the tallying of presidential votes at Kenyatta International Conference Centre was ODM�s main concern.

The commission chairman and Mr Odinga, however, refused to divulge more details of their closed-door discussion, only saying they were secretive.

Sources, however, said the ODM leader also raised concern over the preparations for last year�s polls and the appointment and composition of the Electoral Commission of Kenya.

He is also said to have expressed concern over the use of civil servants and administration police to steal the votes and delay the announcement of the presidential results he claims to have won.

Mr Odinga said ODM was ready to appear before the Kriegler commission any time to give its views on the disputed polls.

The poll results sparked violence across the country, leaving more than 1,000 people dead and 300,000 displaced.

ECK announced President Kibaki who contested on PNU ticket the winner of last the December 27 polls.

The Head of State was then hurriedly sworn in for a second term in office.

ODM, which had a clear win in six of the eight provinces, however, disputed votes presented at KICC from certain constituencies saying they were altered in favour of President Kibaki.

The dispute ended following the intervention of the international community through former UN chief Kofi Annan who brought President Kibaki and Mr Odinga to a negotiating table and made the two leaders agree to share power.

Mr Annan�s led National Dialogue and Reconciliation Committee also led to the formation of the seven-member Kriegler Commission to investigate last year�s polls.

Mr Justice Kriegler said his team was on track and that it was certain it will present its report within six months from March 15 as required.

Mr Justice Kriegler admitted that his team which has since met ECK officials, media, civil society and religious leaders to shed some light what happened during the polls, was facing some challenges.

Mr Odinga said he was happy with Kriegler�s team progress and an assurance that they will complete and release their report in time.

�We encourage them to continue with the work that they are doing,� Mr Odinga said.

He further expressed hope that the commission�s report will be satisfactory to all Kenyans.

The Prime Minister said Kenyans wanted to know the truth about last year�s polls so that they could focus on nation building.

Kenyans, he added, did not want a repeat of the violence that rocked the country following the disputed poll results.

Mr Justice Kriegler said his team will also meet PNU leaders.

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Publisher: Korir, africanpress@getmail.no source:Business Daily (Kenya),

Story �by Argaw Ashine

The Ethiopian government is proposing a new law to restrict activities of the Non-Governmental Organisations (NGOs) in the country. The law would allow a government agency to assign a police officer or an official to attend any NGO’s internal meetings without a court order.

It will also authorise the seizing of property, conducting searches and removing NGO staff if their activities are believed to be unlawful. The law excludes international and non-Ethiopian organisations from democracy, human rights, good governance, and conflict resolution activities. Known as Charities and Societies Proclamation, the law restricts local NGOs to source more than 90 per cent of their funding from within the country.
Observers have protested the development, saying the funding clause was unrealistic for a country dependent on high amount of foreign aid.

Most NGOs depend on foreign aid, and local financing is negligible. Western diplomats and donor groups are preparing to request Prime Minister, Meles Zenawi, one of the architects and chairman of African Peer Review Mechanism (APRM) forum, to reconsider this move which they believe is another attempt at crippling the country’s democracy. After the 2005 post-election crisis, Meles was seen defiant of Western pressure and he described their aid cut as “a shameful act”.

The government has alleged some NGOs affiliated to international organisations operating in Ethiopia have a hidden agenda. Last year, the government expelled the International Red Cross Society from eastern Ethiopia claiming it was involved in “illegal” activities. The charity dismissed the allegations. In the attempts to have the law reviewed, local and international NGOs have appealed to the government for further discussions.

Minas Hiruy, the head and founder of Hope- a local orphanage – has asked the authorities to reconsider the move. “It’s death penalty against us and we are appealing and crying to the government for dialogue before the law is sent to Parliament” Mr Minas said. Getnet Assefa, a consultant with the European Union, said a government that receives the highest percentage of international aid lacks the moral stand to disqualify NGOs based on how they get the funds.

Executive director of Poverty Action Network in Ethiopian (PANE), Eshetu Bekele, asked the government to appreciate the role of NGOs towards attaining the Millennium Development Goals. “The government must respect its commitment in various international conventions including NEPAD and African Peer Review Mechanism (APRM)” Eshetu said. Five religious groups have aslo indicated they will be seeking audience with the authorities, saying the development would not only be limiting participation in development activities, but will also threaten religious rights.

Assefa Kesito, Minister of Justice, however, said the law would first be sent to the Cabinet before it goes to Parliament within a “short period of time.” “We are running out of time to send out the law and they [NGOs] can forward their inputs in the coming days” Assafa added. Assefa said Parliament had until the end of June this year to approve the law. There are more than 3,000 NGOs covering various sectors in the country. They are estimated to be controlling more than $1 billion.

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The publisher, Korir, is the Chief Edito,r African Press International – API

�

Publisher.korir, source.dailymail

By REBECCA ENGLISH and RICHARD KAY

Stand in: Kate Middleton will attend the wedding in William’s place.

Kate Middleton will attend Saturday’s royal wedding alone while Prince William sees a former girlfriend’s brother marry in Africa. Miss Middleton will represent the Prince at the marriage of Peter Phillips.�

The fact she is doing so at a ceremony where the Queen and most of the senior royals are guests is the clearest signal yet that an engagement may come sooner rather than later.

It is also an indication of Miss Middleton’s intimacy with the Royal Family.

Her relaxed attitude demonstrates the extent to which the couple have patched up their relationship since their brief split last spring.

The wedding of the Queen’s grandson, Peter Phillips, to Canadian-born Autumn Kelly in St George’s Chapel, Windsor, is likely to attract the biggest royal turnout for years.

Prince Harry is using the occasion as an opportunity to introduce his girlfriend Chelsy Davy to his grandmother.�

William, however, will be in Kenya to see childhood sweetheart Jecca Craig’s brother Batian wed in an exotic Maasai-themed ceremony.��

Clarence House declined to comment yesterday on the Prince’s trip but a senior royal source revealed: “Prince William is going to be out of the country this weekend on a long standing prior engagement.�

“It’s an unfortunate clash but he spoke to his cousin Peter and he is fine with the situation. His girlfriend will be going in his absence.”

While some have accused William of snubbing his cousin’s wedding, friends say he was asked last year by Miss Craig’s brother to be the guest-of-honour at his marriage, long before the date was set for Mr Phillips’s big day.

“It was a difficult decision as Peter and William are very close but the two talked it through,” said a friend of the Prince.

“William felt he had to go to Kenya because the Craigs asked him first and it was the fairest thing to do. That’s why William was so keen to go to Peter’s stag party last month.”

He and Miss Middleton hit on the solution to solve the diary clash.�

Away: Prince William will be in Kenya to see childhood sweetheart Jecca Craig’s brother Batian wed

“It’s a classic royal manoeuvre and just what William’s mother Diana used to do with Prince Charles,” said a royal aide.

The plan underlines the strength of the couple’s relationship. Many friends believe the pair are already unofficially engaged – though none will say so on record – and that the next royal wedding they attend together could be their own.�

William flew out to Lewa Downs, a wildlife conservancy run by Jecca’s parents, Ian and Jane, in the foothills of Mount Kenya, last weekend.�

Eight years ago he spent several weeks working on the estate as part of his gap year where he is said to have enjoyed a teenage romance with Miss Craig – who bears an uncanny likeness to Kate.�

There was even a suggestion that the pair enjoyed a “pretend” engagement, although this has been denied by Clarence House and Miss Craig has since had several long-term boyfriends.�

The pair have, however, remained close, with William travelling out to Kenya almost every year since to visit her family, who have been praised for their work protecting rare rhino.

The Prince regards the Craigs as something of a second family.

Not only is he passionate about the couple’s conservation efforts, but he relishes the freedom of living on their isolated 45,000-acre estate.

Tale of two venues: Prince William will attended a wedding at Kenya’s Lewa Wilderness Lodge, while Kate will be a guest at St George’s Chapel, Windsor Castle.

William will take part in an outdoor ceremony which will continue into Sunday morning when brightly dressed Maasai elders will pour milk over Batian and his bride, British-born Melissa Duveen and offer prayers for long life and happiness.�

When he returns to England next week William will start preparing for a three-month attachment with the Royal Navy.

Love match: Autumn Kelly with her fiance, the Queen’s favourite grandson, Peter Philips

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PUBLISHER.KORIR, africanpress@getmail.no source.kenyagvt.spokesmansoffice

�The Government takes great exception to speculative and misleading stories appearing in various media outlets on what was discussed in yesterday�s (May 15, 2008) Cabinet meeting. The Government would like to make several points very clear:

1. Cabinet meetings follow an agenda where issues are discussed and Cabinet memorandum presented. Decisions are either reached or deferred.
2. Not all items in the agenda are discussed due to time constraints.
3. In yesterday�s Cabinet meeting, the issue of the Grand Coalition was in the agenda but was NEVER discussed due to time constraints;
4. The issue of Mungiki was NOT in the agenda and was NOT discussed.
5. The issue of Anglo Leasing was NOT in the agenda and was NOT discussed.
6. Cabinet discussions do not amount to Cabinet decisions. Cabinet decisions are communicated after every Cabinet meeting from State House by the Presidential Press Service (PPS).
7. Only the items highlighted by the PPS dispatch yesterday were agreed on.
8. Quotes attributed to who said what during the Cabinet meeting are manufactured and deceitful. Cabinet discussions are secret and there is no public discussion of deliberations in the Cabinet meeting room. Cabinet Ministers swear an oath to keep secret matters discussed in Cabinet unless they are for public consumption.
9. It is critical that media respect Cabinet and the process of Cabinet decision making and policy setting.
10. Media owners and editors should realize that speculation on Cabinet meetings is very dangerous and could lead to disharmony in the country.

The Government requests that these issues be communicated to Wananchi so as to set the record straight.

Dr. Alfred N. Mutua
Public Communications Secretary &
Government Spokesperson

May 16, 2008

�

Publisher: Korir, africanpress@getmail.no source.No.embassy.ke

Publisher: Korir, africanpress@getmail.no

�

The writing is on the wall

�

for UNAIDs

�

PERSONAL VIEW Roger England

�

The creation of UNAIDS, the joint United Nations programme on HIV and AIDS, was justified by the proposition that HIV is exceptional. The foundations of exceptionalism were laid when the “rights” arguments of gay men succeeded in making HIV a special case that demanded confidentiality and informed consent and discouraged routine testing and tracing of contacts, contrary to proved experience in public health. But exceptionalism grew�to encompass HIV as a disease of poverty, a developmental catastrophe, and an emergency demanding special measures, requiring multisectoral interventions beyond the leadership of the World Health Organization.

The exceptionality argument was used to raise international political commitment and large sums of money for the fight against HIV from, among others, the World Bank, through its multi-country AIDS programme, the Global Fund to Fight AIDS, Tuberculosis and Malaria, and the US Presidents’ Emergency Plan for AIDS Relief. With its own UN agency, HIV has been treated like an economic sector rather than a disease.

The proposition of exceptionality is now under stress. The poverty argument has been exposed as baseless. The country surveys carried out by Measure DHS (Demographic and Health Surveys) of, for example, Ethiopia, Kenya, and Tanzania show that prevalence is highest among the middle classes and more educated people. Although HIV can tip households into poverty and constrain national development, so can all serious diseases and disasters. HIV is a major disease in southern Africa, but it is not a global catastrophe, and language from a top UNAIDS official that describes it as “one of the make-or-break forces of this century” and a “potential threat to the survival and well- being of people worldwide” is sensationalist. Worldwide the number of deaths from HIV each year is about the same as that among children aged under 5 years in India. Similarly, multisectoral programmes were misguided and have got nowhere slowly and expensively.

Some small projects of non-governmental organisations (NGOs) have successfully integrated sectoral efforts, but government ministries such as agriculture and education have not succeeded in the HIV roles imposed on them. Vast sums have been wasted through national commissions and in funding esoteric disciplines and projects instead of beefing up public health capacity that could have controlled transmission. Only 10% of the $9 billion (�4.5 billion; �5.8 billion) a year dedicated to fighting HIV is needed for the free treatment programme for the two million people taking those treatments. Much of the rest funds ineffective activities outside the health sector.

It is no longer heresy to point out that far too much is spent on HIV relative to other needs and that this is damaging health systems. Although HIV causes 3.7% of mortality, it receives 25% of international healthcare aid and a big chunk of domestic expenditure. HIV aid often exceeds total domestic health budgets themselves, including their HIV spending. It has created parallel financing, employment, and organisational structures, weakening national health systems at a crucial time and sidelining needed structural reform. Massive off-budget funding dedicated to HIV provides no incentives for countries to create sustainable systems, entrenches bad planning and budgeting practices, undermines sensible reforms such as sector-wide approaches and basket funding (where different donors contribute funds to a central “basket,” from which a separate body distributes money to various projects), achieves poor value for money, and increases dependency on aid. Yet UNAIDS is calling for huge increases: from $9 billion today to $42 billion by 2010 and $54 billion by 2015. UNAIDS is out of touch with reality, and its single issue advocacy is harming health systems and diverting resources from more effective interventions against other diseases.

Steadily, the demand is increasing for better healthcare systems, not funding for HIV. Mozambique‘s health minister stated: “The reality in many countries is that funds are not needed specifically for AIDS, tuberculosis, or malaria. Funds are firstly and mostly needed to strengthen national health systems so that a range of diseases and health conditions can be managed effectively.”

HIV exceptionalism is dead�and the writing is on the wall for UNAIDS. Why a UN agency for HIV and not for pneumonia or diabetes, which both kill more people? UNAIDS should be closed down rapidly, not because it has performed badly given its mandate, which it has not, but because its mandate is wrong and harmful. Its technical functions should be refitted into WHO, to be balanced with those for other diseases.

Putting HIV in its place among other priorities will be resisted strongly. The global HIV industry is too big and out of control. We have created a monster with too many vested interests and reputations at stake, too many single issue NGOs, too many relatively well paid HIV staff in affected countries, and too many rock stars with AIDS support as a fashion accessory. But until we do put HIV in its place, countries will not get the delivery systems they need.

�

Roger England is chairman, Health Systems Workshop, Grenada roger.england@healthsystemsworkshop.org

�

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The publisher is�Chief Editor Korir, African Press International – API

Publisher, korir, africanpress@getmail.no source.nation.ke

Story by LUCAS BARASA

People who committed crimes in the post-election violence period might have a chance to apply for amnesty if Parliament enacts a proposed Bill.

However, those associated with crimes against humanity or where evidence exists they might have been involved in acts of genocide will not benefit.

The Truth, Justice and Reconciliation Commission (TJRC) Bill published last week allows people to apply for amnesty to the commission, which will then assess and may grant a pardon.

Published by Justice, Constitutional Affairs and National Cohesion minister Martha Karua, the Bill follows recommendations by the National Dialogue and Reconciliation Committee chaired by former UN boss Kofi Annan.

Blanket amnesty

The Bill is aimed at promoting peace, justice, national unity, healing and reconciliation. It empowers the commission to recommend for reparations or rehabilitation of a victim �if the application is found to be meritorious.�

The Bill was, however, immediately dismissed as flawed by London-based Human Rights Watch (HRW) for suggesting blanket amnesty to some perpetrators of past crimes.

�The national dialogue and reconciliation process was supposed to create institutions that can address Kenya�s historical injustices and bring criminals to book,� said Georgette Gagnon, Africa director at the watchdog body.

�But as currently drafted, the Bill has serious flaws that must be urgently addressed by Parliament, especially its amnesty provisions.�

The human rights body said the amnesty provisions were inconsistent with Kenya�s obligations under international law, which rejects impunity for serious crimes such as genocide, war crimes, crimes against humanity and torture.

The Bill should also make perpetrators of crimes of sexual violence ineligible for amnesty. The independence of the commission is further compromised as the Bill gives the Justice minister the power to scrutinise and approve all its expenses, allowances, and budget, HRW added.

The rights body further wants the Commission to be granted immunity from being sued for its actions to prevent it being obstructed by spurious lawsuits.

The commission will further have powers to take, purchase or otherwise acquire, hold or dispose of movable or immovable property.

It is required to prepare and submit a report to the President at the end of its operations and publish it in the Kenya Gazette.

The commission will be mandated to investigate violations and abuses of human rights relating to killings, abductions, disappearances, detentions, torture, ill-treatment and expropriation of property between December 12, 1963 and February 28, this year.

Economic crimes

The commission will also investigate economic crimes, those of a sexual nature� and any other matter to promote and achieve reconciliation.

And for the first time in Kenya�s history, the commission will inquire whether or not some communities had been marginalised economically and propose redress.

The seven-member Commission will have powers to summon any person to appear before it and those who refuse will be liable to a Sh100,000 fine.

Religious organisations are to nominate two people for appointment to the Commission and Law Society of Kenya, Fida, Cotu/KNUT, Kenya National Commission on Human Rights, Kenya Private Sector Alliance/Federation of Kenya Employers and Kenya Medical Association one each.

Three of the seven Commissioners shall be non-citizens. The commission�s chairperson will be appointed by the President from among them.

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Publisher, korir, africanpress@getmail.no source.nation.ke

Story by BERNARD NAMUNANE

The Grand Coalition Cabinet meeting on Thursday failed to reach a decision on how to handle Mungiki and other armed groups.��

President Kibaki chairs the first session of the Grand Coalition Cabinet meeting at State House, Nairobi on Thursday. Top on the agenda was the need to boost security and ensure there was enough food in the wake of rising prices. Photo/PPS

The meeting, chaired by President Kibaki at State House, Nairobi, also resolved that food security would be the government�s top priority.�

�

It was the first formal coming together of the 42-member Cabinet.

Talks centred on the agenda and policies of the Government that brings together PNU, ODM and ODM Kenya.

It is understood that the meeting had on its agenda how to handle the security threat posed by the Sabaot Land Defence Force in Mt Elgon District, Mungiki and other outlawed armed groups and the fate of youths who were arrested during the post-election violence in the Rift Valley. Also on the agenda was the need to promote harmony among the ministers from various political parties.

Corruption

Sources said that other issues on the agenda included resettlement of internally displaced people, corruption and the question of protocol in Government.

The attempts by backbenchers to form a grand opposition coalition also featured as did debate on adoption of a harmonised Government manifesto to provide policy guidelines for the next four-and-a-half years.

Thursday’s meeting had been postponed twice; once because Prime minster Odinga was out of the country for treatment and on another occasion to create time to heal differences among the ministers from different political camps.

To promote harmony in the Cabinet, an induction and bonding session was organised in Nairobi was last week� held with the aim of getting the Cabinet ministers, assistant ministers and permanent secretaries to work as a team and drive the reform agenda of the Grand Coalition.

President Kibaki convened Thursday’s meeting to drive the agenda of the coalition and find ways to tackle challenges posed by post-election violence, including finding solutions to the challenges posed by Mungiki, the Sabaot Land Defence Force and other armed groups.

Mr Odinga has in the past said he would hold talks with leaders of the sect. But in a ministerial statement earlier this week, Internal Security minister George Saitoti ruled out talks with the sect.

Protect lives

Although a plan for talks with Mungiki leaders was being put in place, it is understood that Prof Saitoti told the sitting that he was faced with the dilemma of accepting to start talks with outlawed gangs when the Constitution requires him to use the law to protect the lives of Kenyans and their property.

Those pushing for dialogue said the armed gangs had developed into complex outfits and using force to crush them would not succeed as the crackdown on Mungiki had showed. The final decision on the issue was put off until next week.

However, the meeting resolved that making the country food situation secure would be among the top priority of the Government. In this regard it was resolved that the country must urgently increase its food reserves, which will see the strategic maize reserves increased from four million bags to eight million bags in the next two years.

It was further decided that due to an anticipated grain shortage later in the year, the National Cereals and Produce Board should import three million bags of maize in the next few weeks as a precautionary measure.

The Cabinet noted that escalating international food prices were posing a serious threat to Kenya�s food security hence the need to take immediate measures to cushion wananchi.

In recent months, consumers have raised concerns over rising prices of food and other basic products. Inflation, post-election violence and rising oil prices globally have been blamed for the high cost of food and other basic consumer goods.

Ministers agreed that the importation of grains would only be a temporary measure as the Government seeks ways of increasing food production.

The Cabinet also reviewed the re-settlement of internally displaced families. Members expressed satisfaction with the four-week old resettlement drive that has taken an estimated 70 per cent of displaced families back to their homes.

The ministers also agreed on the approach to be taken in the second phase of the programme to benefit those who were living with well-wishers and relatives.

Over the next few months, the Government will continue assisting those who are returning to their homes until they resume their normal lives. About 350,000 people fled to safety when violence broke out following the release of the disputed presidential election results on December 30, last year.

The Cabinet emphasised the need for national reconciliation and economic recovery to lay a firm foundation for social equity.

The meeting also agreed on the formation of five Cabinet committees on national security; finance, administration and planning; infrastructure; services and production.

Chaired by President

The National Security Committee will be chaired by the President. The other four will be chaired by the Prime Minister with the assistance of the two Deputy Premiers: Mr Uhuru Kenyatta and Mr Musalia Mudavadi.

In his opening remarks, President Kibaki urged the ministers to resist being distracted by issues that would delay implementation of crucial programmes.

Among other things, the Grand Coalition is expected to write a new constitution within one year.

�We must have the drive to succeed in serving our country and Kenyans at large, there is much expectation from the Kenyan people and we must deliver on the promises we made,� the President said.

He later hosted the ministers for lunch after the talks ended at 2 pm.

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