It
may be the world’s newest Islamic state, but on the Gambia’s beaches it
was business as usual. Dreadlocked, muscular young men offered their
company to middle-aged female tourists, the sweet scent of marijuana
hung on the ocean breeze, bars advertised happy hour cocktails, and
bared breasts turned pink in near-equatorial sunshine.
Few of those escaping the cold and damp of a northern European winter
appeared to be aware of President Yahya Jammeh’s surprise proclamation
last month that the tiny African country he has ruled with an iron grip
for more than 20 years would henceforth be known as the Islamic Republic of the Gambia.
“Really?” said Linda, 49, with a hoot of disbelieving laughter.
Turning to her holiday companion outside Solomon’s beach cafe, she
added: “It doesn’t seem at all Islamic, does it, Chrissie? Quick, we’d
better get another beer in before they close all the bars.”
Such a step seems unlikely in a country that depends heavily on
tourism. Since Jammeh’s announcement of the new name – in line with the
Gambia’s “religious identity and values”, he said, and to symbolise a
break with its “colonial legacy” – there have been few discernible
changes in mainland Africa’s smallest country.
An order that all female government employees must cover their heads was rescinded 10 days later because
it had made women “unhappy”, according to a government statement.
Jammeh has assured the Gambia’s small Christian population, about 4% of
the 1.8 million total, that there will be no restrictions on religions
other than Islam. And although the president reportedly wanted to
implement sharia law more than a decade ago, as yet there have been no
concrete moves to do so.
But foreign diplomats have been instructed to refer to the Islamic
Republic of the Gambia in all official communications, and the country’s
only television channel – run by the state – routinely uses the new
name in its broadcasts. The scholarly Supreme Islamic Council has been
dispatched to tour the Gambia’s towns and villages to shore up support
for the Islamic state.
Analysts, diplomats and exiled dissidents believe the name change
signifies a realignment of the former British colony with the Arab
world, in particular the wealthy Gulf states. Some say the move could
jeopardise the resumption of European funding, halted in December 2014
amid criticism of human rights abuses. It could also damage the tourist
industry and possibly encourage the radicalisation of youth in a country
characterised by one observer as “soft Islam”.
Jammeh seized power in a 1994 coup, almost 30 years after the country
secured independence from Britain. Since then, he has won five-yearly
presidential elections with increasing majorities that have been matched
by sliding credibility. Any serious opposition is quickly stamped on;
diplomats speak of polling irregularities and bought votes. With no
limit on the number of terms he may serve, he is expected to win another
resounding victory in the election scheduled for December. Some say the
50-year-old intends to stay on as president for another two decades.
Jammeh is described as intelligent and charming, even charismatic,
but unpredictable. Many pronouncements appear to be made on a whim. In
2007, he announced he had found a herbal cure for Aids; this month he
pledged to “conquer cancer” by the end of the year. He also said he would ban FGM
after the Guardian launched a global campaign. Analysts say that even
those who follow him closely have real challenges in interpreting his
actions.
His regime is essentially a one-man operation. “The people around him
are either scared or just yes men – and yes women, there are a lot
of women. But no one is giving him frank advice,” said a diplomat based
in the region. “He burns bridges faster than he builds them,” said
another long-time observer.
Jammeh’s closest ally and role model was Muammar Gaddafi, the former
despotic leader of Libya who was overthrown and died in 2011, and with
whom – it is rumoured – he shared a taste for young women. Over the past
two decades, Jammeh has tightened his hold on power with the help of
the feared National Intelligence Agency and an unofficial paramilitary
force, known as the Jungulers, which routinely detains, tortures and disappears those perceived as a threat to the regime.
A Human Rights Watch report, State of Fear,
published in September, detailed “rampant human rights abuses” and a
“pervasive climate of fear” in the Gambia. Jammeh, it said, had created
“one of the most repressive and authoritarian administrations on the
continent”. It said the Jungulers “typically wear all-black clothing,
cover their faces and are armed with machetes and firearms, including
Kalashnikov assault rifles. They have been implicated in numerous
incidents of torture and extrajudicial executions.”
Alongside the weakening of opposition political parties, there is
little freedom of expression. In a population with a high proportion of
illiteracy, many depend for information on the state-run television
channel. Independent journalists are regularly detained, disappeared or
forced to flee, and no international media organisations are based in
the country.
Civil society organisations and NGOs are tolerated only in areas such
as education and health; human rights organisations are barred. “If you
are affiliated with any human rights group, rest assured that your
security and personal safety would not be guaranteed by my government.
We are ready to kill saboteurs,” Jammeh said in 2009.
LGBT people have long been particular targets of Jammeh’s regime.
Last May, the president said he would “slit the throats” of any gay men
in the Gambia, adding: “No one will ever set eyes on you again, and no
white person can do anything about it.” Previously he had described gays
and lesbians as “vermin”, an “evil and strange social cancer”, and
“anti-God, anti-human and anti-civilisation”. In October 2014, the
government introduced a new crime of “aggravated homosexuality” with a penalty of life imprisonment.
Last May, Jammeh rejected a series of recommendations from the UN
Human Rights Council, including decriminalising homosexuality, removing
restrictions on freedom of expression and abolishing the death penalty.
Not surprisingly, many Gambians have fled the country. According to Eurostat, the number seeking asylum in EU member states tripled
between 2013 and 2014, to 11,500. Others leave to improve their
economic opportunities and send money home to impoverished families.
Thirteen months ago, Jammeh cut ties with the EU after it had raised
concerns over human rights abuses. In turn, the EU blocked $16m of
development funding – a critical sum for the impoverished country, whose
fragile economy relies on tourism, remittances and peanut exports.
Income from tourism, which accounts for at least 20% of GDP, plummeted
as a result of the recent Ebola crisis in west Africa, even though there was not a single case in the Gambia, and it has yet to recover.
The row with the EU, along with an earlier sudden decision to pull out of the Commonwealth
on the grounds it was a “neocolonial institution”, is seen as a
significant factor in the president’s declaration of an Islamic state.
“He’s done this now because he’s starved of funds,” said Sidi Sanneh,
a former Gambian diplomat now living in exile in the US. As well as EU
grants, generous funding from Libya has dried up since the revolution
and Jammeh also cut ties with Taiwan in 2013 after it refused to provide
additional cash bailouts. “Jammeh is looking to the Gulf states –
Qatar, Bahrain, Kuwait – for the funds he’s being denied by traditional
donors, especially the EU,” said Sanneh.
According to Marloes Janson, of the School of Oriental and African
Studies in London, “Jammeh has lost western support, so he’s now turning
to the Muslim world”.
But, she adds, the prevalence of sex tourism in the Gambia may also
have fuelled the president’s Islamism. In a bid to counter “national
decay”, government clean-up campaigns have targeted “bumsters” – the
young men who sell sexual services to female tourists – rounding them
up, shaving their heads and sending them for periods of forced labour.
“[Jammeh] has not only used religion to shore up his legitimacy as a
Muslim leader, but also to redefine the Gambian nation through his
policing of morality,” said Janson.
Some say the Gambian president is playing with fire. The country is
peaceful in a region where Islamic extremism has taken hold in some
places. There are mosques in every neighbourhood, but Gambians are
observant rather than devout Muslims, and fundamentalism is rare.
Although Jammeh banned gambling last year, alcohol is freely available.
But grinding poverty and lack of opportunity could combine with
increasing repression and religiosity into a potent cocktail. “Jammeh is
making a mistake. He’s making things worse by stirring up religious
sentiment,” said Sanneh. “It’s an inopportune moment to insert the word
‘Islamic’ into the name of the country when you have Isis [Islamic
State] running all over the region.”
Another Gambian dissident, Imam Baba Leigh,
who fled to the US in 2013 after being imprisoned for five months,
warned of radicalisation. “Isis, al-Qaida, Boko Haram – they are like
wildfire. If they can penetrate the UK, the US, Nigeria, Libya, I see no
reason why they can’t penetrate the Gambia too, especially when its
leader calls a secular country an Islamic state.”
Jammeh,
who has survived four coup attempts – the last a little more than a
year ago – appears determined to entrench his power. “He’s very
unpopular, but he rules by fear,” said Sanneh. A diplomat in the region
said Jammeh “has his jackboot at the public’s throat”. Another observer
described him as a “beast”, adding: “He wants to be king of Africa, but
he’s just a normal dictator.”
On the beach, those working the sands were focused on scraping a
meagre income from selling fruit juice, horse rides, hair braiding and
themselves. “Hey nice lady, what’s your name, where are you from, you
like to go dancing?” is the endless soundtrack to a stroll along the
Atlantic shore. The tourist season, diminished though it is, has a few
more months to run before the rains come and what are known as the
“hungry months” begin. It doesn’t seem likely that Jammeh’s declaration
of an Islamic state is going to solve many of the Gambia’s problems.
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Welcome to AfricanCultureDirect - A Documentation of African Culture and Issues by Africans presented to the global audience - Africa as authentically told by Africa!
Saturday, 30 January 2016
Thursday, 28 January 2016
Why do Kenyans want US help to solve a billion dollar mystery?
Almost one billion dollars of public
money has allegedly disappeared in a Kenyan corruption scandal. So why
are thousands of Kenyans using social media to ask the US government's
most senior lawyer to locate the supposedly missing money?
The
story began with a landmark sale of government bonds, but has led to
accusations of corruption over what happened to the proceeds which were
supposed to have benefited ordinary Kenyans.Now some exasperated Kenyans have reached out to the US Attorney General Loretta Lynch for help. A White House petition entitled "Have US AG Loretta Lynch help Kenyans recover their looted Eurobond proceeds" has picked up thousands of signatures. And a Twitter hashtag #KenyansToLorettaLynch has been used thousands of times.
Some seem to think President Obama's Kenyan ancestry is good enough reason to get Lynch - a direct appointee of the US president - involved in their campaign.
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Pan America Health Organization(PAHO) on Zika Virus
24 January 2016
Zika is a mosquito-borne virus that is new to the Americas. Since
Brazil reported the first cases of local transmission of the virus in
May 2015, it has spread to 21 countries and territories* of the Americas
(as of 23 January 2016).There are two main reasons for the virus's rapid spread: (1) the population of the Americas had not previously been exposed to Zika and therefore lacks immunity, and (2) Aedes mosquitoes—the main vector for Zika transmission—are present in all the region's countries except Canada and continental Chile.
PAHO anticipates that Zika virus will continue to spread and will likely reach all countries and territories of the region where Aedes mosquitoes are found.
The most effective forms of prevention are (1) reducing mosquito populations by eliminating their potential breeding sites, especially containers and other items (such as discarded tires) that can collect water in and around households; and (2) using personal protection measures to prevent mosquito bites (see also recommendations below).
The role of Aedes mosquitoes in transmitting Zika is documented and well understood, while evidence about other transmission routes is limited. Zika has been isolated in human semen, and one case of possible person-to-person sexual transmission has been described. However, more evidence is needed to confirm whether sexual contact is a means of Zika transmission.
Zika can be transmitted through blood, but this is an infrequent mechanism. Standard precautions that are already in place for ensuring safe blood donations and transfusions should be followed.
Evidence on mother-to-child transmission of Zika during pregnancy or childbirth is also limited. Research is currently under way to generate more evidence regarding perinatal transmission and to better understand how the virus affects babies.
There is currently no evidence that Zika can be transmitted to babies through breast milk. Mothers in areas with Zika circulation should follow PAHO/WHO recommendations on breastfeeding (exclusive breastfeeding for the first 6 months, followed by continued breastfeeding with complementary foods up to 2 years or beyond).
Other PAHO recommendations:
To prevent or slow the spread of Zika virus and reduce its impact, PAHO recommends the following:- Mosquito populations should be reduced and controlled by eliminating breeding sites. Containers that can hold even small amounts of water where mosquitoes can breed, such as buckets, flower pots or tires, should be emptied, cleaned or covered to prevent mosquitoes from breeding in them. This will also help to control dengue and chikungunya, which are also transmitted by Aedes mosquitoes. Other measures include using larvicide to treat standing waters.
- All people living in or visiting areas with Aedes mosquitoes should protect themselves from mosquito bites by using insect repellent; wearing clothes (preferably light-colored) that cover as much of the body as possible; using physical barriers such as screens, closed doors and windows; and sleeping under mosquito nets, especially during the day when Aedes mosquitoes are most active.
- Pregnant women should be especially careful to avoid mosquito bites. Although Zika typically causes only mild symptoms, outbreaks in Brazil have coincided with a marked increase in microcephaly—or unusually small head size—in newborns. Women planning to travel to areas where Zika is circulating should consult a healthcare provider before traveling and upon return. Women who believe they have been exposed to Zika virus should consult with their healthcare provider for close monitoring of their pregnancy. Any decision to defer pregnancy is an individual one between a woman, her partner and her healthcare provider.
* Barbados, Bolivia, Brazil, Colombia, the Dominican Republic, Ecuador, El Salvador, French Guiana, Guatemala, Guadeloupe, Guyana, Haiti, Honduras, Martinique, Mexico, Panama, Paraguay, Puerto Rico, Saint Martin, Suriname and Venezuela.
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Tuesday, 26 January 2016
Sunday, January 24, 2016 Legislators want Kenya Meat Commission urgently privatised
More by this Author
Kenya Meat Commission plant in Athi River. National Assembly's Public Investments Committee has recommended the privatisation of Kenya Meat Commission. PHOTO | FILE | NATION MEDIA GROUP
A parliamentary committee wants the Kenya Meat Commission speedily privatised as it can no longer support itself, with plans to revive it having not been successful.
The
Public Investments Committee has, in the meantime, recommended that the
management abandon plans to set up a new factory and, instead,
modernise the current facility.
In a
report tabled in the National Assembly, the committee portrayed KMC as
being among State corporations that are in a precarious financial
position and which are not giving Kenyans value for their money.
KMC
was cited as an example of State corporations whose poor financial
performance can be attributed to ineptitude on the part of the
management and a bloated workforce.
“KMC,
which is in a precarious financial situation, continues to rely on old
machinery and a large workforce of 1,165, against a recommended
workforce of 300,” the team says in a report tabled by its chairman, Mr
Adan Keynan (above).
It based its recommendation on a partly completed study of KMC by the Kenya School of Government.
AUDITOR-GENERAL'S REPORT
The
recommendations by the committee were made after scrutiny of reports by
Auditor-General on KMC’s financial statements from the 2007/2008
financial year to 2011/2012 and 2012/2013.
KMC
Managing Commissioner James Tendwa told the House team that the plant
was operating below capacity, which has brought about operational
inefficiency.
Running inefficient old
machines contributed to the high cost of operations and led to frequent
breakdowns, high consumption of power and more manpower.
This
has seen KMC relying on the Government to stay afloat, when it should
be making its own money and contributing to the revenue collected
nationally.
KMC initially wanted to
modernise its machinery but an audit recommended building a new one and
replacing all the machines. An incomplete technical study also informed
that decision.
When a tender for the
modernisation was floated, bidders were of the opinion that it would be
better to build a new factory. They added additional details to the
tender to include the construction of a new facility and got six bids.
Four of these asked for Sh1.1 billion for a new facility and two of
Sh3.3 billion for modernisation. That is yet to be implemented.
Sunday, 24 January 2016
Travel agents hoping to reap from direct flights between Kenya and America
US Ambassador to Kenya says measures are being put in place to bring the flights to a reality.American Society of Travel Agents (ASTA) Vice President Ms Susan Cheats (left) ASTA Kenya Secretary Ms Caroline Njoroge, President Mr Zane Kerby and Kenya President Samson Some during the company's cocktail party at KICC on January 19, 2016. ASTA destination Expo will bring together over 2000 agents/ tour operators from US who will be in the country to learn and explore destination Kenya. PHOTO | ROBERT NGUGI | NATION MEDIA GROUP
The American Society of Travel Agents (ASTA) has expressed optimism that the planned directs flights from Kenya to America will finally take off from the ground.
Speaking after a
six-day inspection tour of tourist attraction sights in Nairobi and
Maasai Mara - from five star hotels, bush camps to Makuti lodges - ASTA
President, Mr Zane Kerby, said he had held fruitful discussions with US
Ambassador to Kenya, Mr Robert Godec, who informed him that necessary
measures were being put in place to bring the flights to a reality this year.
Mr
Kerby, his secretary Susan Sheats together with ASTA Kenya secretary,
Ms Caroline Njoroge, visited Maasai Mara where they enjoyed a two-day
stay at the world renowned Sarova Mara Game Camp during which they
toured the reserve to see wildlife.
The ASTA officials
expressed optimism that Nairobi’s bid to host the ASTA 2017 global
convention was being considered after it was shortlisted among other key
tourist destinations.
EXPRESSED OPTIMISM
Mr Kerby,
who was accompanied by ASTA Kenya president, Mr Samson Some, and his
officials said they had also visited Dubai, Mexico and Morocco to
inspect facilities but expressed optimism that Kenya’s chances were
high.
“Kenyans speak English and we also found that the
six facilities we visited in Maasai Mara Game Reserve and in Nairobi
conduct cashless transactions with ease with many international money
cards accepted,” said Ms Sheats during an end of tour press conference
at Crowne Plaza Hotel last week.
Mr Some said ongoing campaigns to market Kenya on social media had helped increase tourists’ inflows to Kenya.
He
said ASTA would help counter the negative criticism about Kenya using
American media channels saying recent visits by top US officials among
them President Barack Obama had helped create a media buzz that
rekindled positive interest on Kenya.
ASTA brings
together 1,800 travel agents firms with other 200 chapters from around
the world who mainly target the American moneyed travellers.
Monday, January 25, 2016 Families fight to control Sh500 billion wealth
By MAUREEN KAKAH
More by this Author
The late Njenga Karume. A trend of fighting over inherited wealth in Kenya shows that family ties are not that rosy when rich family's patriarchs die. PHOTO | FILE | NATION MEDIA GROUP
An estimated Sh500 billion is at the centre of succession disputes between relatives of prominent multi-millionaires who left a legacy of successful business empires.
More by this Author
The late Njenga Karume. A trend of fighting over inherited wealth in Kenya shows that family ties are not that rosy when rich family's patriarchs die. PHOTO | FILE | NATION MEDIA GROUP
Summary
- Mr Kung’u, a successful Nakuru-based businessman left behind a business empire estimated to be worth Sh50 billion.
- A few months after his death, Kung’u’s widow, his three daughters and a son turned against each other.
- One of the longest family dispute has been that of the late Mr Koinange’s beneficiaries which was determined by the High Court after 34 years but is now in the Court of Appeal.
- At the centre of the Koinange family dispute is Sh17 billion worth of wealth spread across investments in several companies and real estate.
- Still in Kiambu County, the family of former Cabinet minister Njenga Karume has turned his rags-to-riches story into a court battle over his wealth estimated to be over Sh200 billion.
An estimated Sh500 billion is at the centre of succession disputes between relatives of prominent multi-millionaires who left a legacy of successful business empires.
From
late politicians Njenga Karume and Mbiyu Koinange to businessman
Stephen Kagiri Kung’u, former spymaster James Kanyotu, and former
Attorney-General Matthew Guy Muli, the trend of fighting over a
patriarch’s wealth in court shows that family ties are not that rosy
when the head of the family dies and bequeaths vast estates to members
of his immediate family.
What is mind
boggling is the amount of money and value of properties involved in the
disputes that at times drag on in court for years, allowing lawyers to
benefit by representing relatives who fail to agree on how to share
their wealth.
Mr Kung’u, a successful
Nakuru-based businessman who established his empire in the 1980s and
90s died in April last year, leaving behind an estate estimated to be
worth Sh50 billion, including the well-known Hotel Kungste not far away
from the Nakuru State House and Pivot Hotel in Shabab area of Nakuru.
A
few months after his death, Kung’u’s widow, his three daughters and a
son turned against each other, with all claiming to have been given the
right to administer the late businessman’s vast wealth, including his
bank accounts and large tracts of prime land.
In
Nairobi, Kung’u owned Luthuli House, Ambassador Courts, Grace House,
three-storey blocks in Hurlingham, Ojijo Plaza, shares in Kuka
Investment Limited, block of buildings in Ngara, Shalom Prayer Centre,
Parklands Villa and the Monte Carlo hotel.
The
battle for his wealth started even before he was buried when his
daughters, Ms Naomi Wambui, Ms Rahab Wamucii and Ms Bilha Wanjiku from
his second wife sued Ms Grace Nyambura Kung’u and her son, Mr Kansas
Kagiri Kung’u for excluding them in the burial plans.
The widow and her son went to court soon after the burial and obtained the rights to administer the estate.
On
realising what had happened, the daughters filed another suit in
Nairobi seeking an order to bar the two from taking over as
administrators. The dispute is still in court.
KOINANGE DISPUTE
One
of the longest family dispute has been that of the late Mr Koinange’s
beneficiaries which was determined by the High Court after 34 years but
is now in the Court of Appeal.
At the
centre of the appeal is Sh17 billion worth of wealth spread across
investments in several companies and real estate. Two women who were
stripped of their claim of being Mr Koinange’s widows want distribution
of the estate put on hold until their appeal against the High Court
judgment is heard and determined.
Ms
Margaret Njeri and Ms Eddah Wanjiru claimed that it will be unfair if
the other beneficiaries go ahead to divide the wealth when the issue of
Mr Koinange’s widows is yet to be conclusively determined.
Mr
Justice William Musyoka had in September last year declared that the
two were not legally recognised as Mr Koinange’s wives and, therefore,
could not inherit his wealth.
The
judge listed 32 properties, which included farms in different parts of
the country, and shares in companies and directed the two brothers to
take urgent steps to recover assets which changed hands in unclear
circumstances. Mr Koinange had vast land in Kiambu.
KARUME'S SH200 BILLION EMPIRE
Still
in Kiambu County, the family of former Cabinet minister Njenga Karume
has turned his rags-to-riches story into a court battle over his wealth
estimated to be over Sh200 billion.
Mr
Karume died in 2013, leaving behind mega investments in tourism, real
estate, agriculture, transport, hospitality and several bank accounts
with large sums of money.
The battle
for Mr Karume’s wealth started as a normal, procedural inheritance case
when the executors of his will filed an application for letters of grant
to enable distribution of the properties.
However,
three of Mr Karume’s children, Ms Lucy Wanjiru, Mr Albert Kigera and Mr
Samuel Wanjema challenged their father’s last will, claiming it was
drawn when he was not of sound mind.
The three also contested the manner in which the Njenga Karume Trust was being managed and sought removal of the trustees.
They accused the trustees of mismanaging the businesses, leading to massive losses.
Their
applications triggered a barrage of counter-accusations from their
siblings and stepmother, leading to a stalemate in distributing his
estates. Again, the case is yet to be concluded.
MATTHEW GUY MULI FAMILY
The
fact that the children of former Attorney-General Matthew Guy Muli are
well-to do in society did not stop them from fighting over his
multi-billion shillings estate.
Former
transport Permanent Secretary Joseph Nduva Muli was at war with his
mother, Mrs Evangeline Celeste Muli, and sisters Jane Nthane Muli and
Lady Justice Agnes Murgor over allegations that he fraudulently obtained
the shareholding of a company they inherited from their late father.
The
sisters and their mother sought to stop Mr Muli from interfering with
their late father’s company, Mukengesya Holdings Limited, or subdividing
and disposing of pieces of land registered in the company’s name.
They
also wanted to stop him from including his wife Elizabeth Wanjama, then
vice-chairperson of the Commission for the Implementation of the
Constitution, from being included as a director in the company.
KANYOTU FAMILY
Former
spy master James Kanyotu’s estates worth over Sh20 billion has also
been a subject of protracted court battles pitying several women and
their children claiming to be his beneficiaries.
Trouble
over distribution of the late Kanyotu’s wealth started soon after his
death in 2008, with some women claiming he had had children with them
while others said they were his children born out of wedlock. All of
them wanted to be considered as beneficiaries.
Mr
Kanyotu had investments in land across the country, three companies,
shares in Barclays Bank, the Sameer Group, Kenindia Assurance, Kentmere
(1986) Ltd, Middle East Bank, Kenya Tea Development Agency KTDA), Kenya
Melamine Manufacturers, Collindale Security and Collindale Limited.
The
battle for his properties is pitying his three wives, Mary Wanjiku,
Jane Gathoni and Margaret Nyakinya and their children. A fourth woman,
Mercy Mumbi Mathenge, also claimed to have had a child with the spy
master and is claiming a piece of the pie.
Saturday, January 23, 2016 Varsity faults council’s power on accreditation
By OUMA WANZALA
Moi University School of Law Alumni national chairman Lawrence Karanja (centre) with other members address journalists in Nakuru on October 1, 2015 reacting to orders by Council of Legal Education to close the school. The university's alumni want the council reconstituted. PHOTO | SULEIMAN MBATIAH | NATION MEDIA GROUP
More by this Author
Moi University School of Law Alumni national chairman Lawrence Karanja (centre) with other members address journalists in Nakuru on October 1, 2015 reacting to orders by Council of Legal Education to close the school. The university's alumni want the council reconstituted. PHOTO | SULEIMAN MBATIAH | NATION MEDIA GROUP
More by this Author
The Council of Legal Education (CLE) has no powers to conduct inspections in Universities, Moi University has claimed.
In
a dispute between the Council and the Eldoret based institution of
higher learning over accreditation, Moi University said that it is the
Commission of University Education (CUE) to accredit universities.
“CLE
has no authority to inspect or accredit universities and that it’s only
mandate is to set and enforce standards relating to the accreditation
of legal education providers for purposes of licensing as set out in a
section of the Act,” the university said.
Moi
University last year moved to court following a decision by the council
to deny its School of Law further provisional accreditation as a
provider of legal education.
But High Court judge
George Odunga allowed its School of Law to remain operational pending
further directions of the Court as well as the determination of the case
filed by Moi which is set for February 24.
FAULTED
Supporting
Moi Universty’s argument, CUE has faulted the composition of CLE as
being improper and not according to the University Act.
The Commission claims that any decision taken by the Council is therefore incompetent and cannot stand.
The Legal Education Act was enacted in September, 2012 while the Universities Act in December, 2012.
The
Universities Act regulates all issues extending to university education
while CUE is limited to regulate all varsities education and
administration.
According to Moi University’s legal
officer Wilkister Simiyu, the directive had been issued after an August
28, 2015 onsite inspection by CLE’s Quality Assurance and Compliance
Committee for the law degree programme after which a report was attached
to the September 23 letter that communicated the decision.
UNCONSTITUTIONAL
Moi University claimed that accreditation parameters purportedly used to evaluate their curriculum was unconstitutional.
An
inspection was done on in November 2, 2012, and Moi was given a two
year provisional accreditation and was to address infrastructure and
resources as per the student ratio.
A re-verification visit was made on September 20, 2013 and another two years were granted.
Moi
University insists that it is still in the process of implementing
recommendations of the last inspection and has faulted the council of
failing to consider the ongoing construction of the library complex
which was initially set for completion in May.
Even
though the court granted them partial reprieve last year, the directive
to suspend the law programme was not stopped and awaits the
determination of the case.
NEGATIVE IMPACT
The Alumni of the University claims that suspending the course would negatively impact those lawyers who are already practicing.
The Alumni have also written to Education Cabinet Secretary Fred Matiangi, to demand the reconstitution of the council’S board.
They
want Dr Matiang’i to advise the President to appoint a chairman of the
council, the Law Society of Kenya (LSK) to be ordered to nominate two
members instead of the current three.
They also want
public and private universities to nominate one member each and the
council directed to put on hold its operations until it is properly
constituted.
Previously, the chairman was appointed by the Attorney-General.
TEN MEMBERS
According
to the amended law, the board is supposed to have 10 members chaired by
an individual with at least 15 years-experience in legal education and
training, appointed by the President.
Other members
include the principal secretary responsible for legal education, the PS
for Finance, the AG, the Chief Justice, two advocates nominated by the
LSK, an individual who teaches law nominated by public universities, an
individual who teaches law nominated by private universities, and the
secretary to the council.
Lawyer Macharia Karanja of
Mirugi Kariuki and Company Advocates for the alumni said the Council of
Legal Education as currently constituted offends the law.
“Upon proper constitution of the council, direct the council to competitively recruit its chief executive officer,” he said.
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