The Dispatch Digital

High Court Convicts Man for the Murder of Bishop Muiru’s Mother

Murang’a, Kenya (TheDispatch.Digital) – The High Court in Murang’a has found Ezekiel Saitabu Nakola guilty of the murder of Grace Wangari Mwangi. The tragic incident occurred on March 20, 2017, at Karega Sub-Location, Kigumo Location, within Murang’a County.

Justice Kanyi Kimondo ruled that the prosecution, represented by Ms. AnnPenny Gakumu and Ms. Caroline Muriu, presented compelling evidence proving Nakola’s guilt beyond reasonable doubt, supported by testimonies from twelve witnesses.

Nakola had been employed by Grace Wangari Mwangi, mother of Bishop Muiru, as a farmhand for a decade. On the day of the murder, Nakola strangled Mwangi and concealed her body behind the cowshed, beneath a mound of sand and banana stems, where a cow’s carcass had been recently buried. To further obscure his crime, Nakola stole from Mwangi’s MPESA account and pilfered household items from his girlfriend’s house in Karega.

Despite the absence of eyewitnesses or an admissible confession, the court determined that the circumstantial evidence presented formed a complete chain of guilt pointing to Nakola.

The case is scheduled for mention on September 19, 2024, when sentencing will be addressed.

Governors Can’t Get Pension, Court Says, Sides with SRC

Nairobi, Kenya (TheDispatch.Digital) – Governors have encountered a significant defeat following a court ruling in favor of the Salaries and Remuneration Commission (SRC) in a pension dispute initiated by the Anne Waiguru-led Council of Governors (CoG).

The High Court determined that county-level governors and deputy governors retiring from their positions are not entitled to a Defined Benefit Pension Scheme akin to that available to State officers at the national level.

This verdict stems from a petition filed by the Council of Governors against the SRC at the Milimani Courts in Nairobi.

The SRC argued that the proposed Defined Benefit Pension Scheme for county leaders is neither financially feasible nor sustainable in the long term.

The SRC further emphasized that implementing such a pension scheme would detrimentally affect service delivery and development resources at both national and county levels.

“If the proposed scheme were implemented, it would create a ripple effect across all State officers at both the national and county levels, significantly reducing resources available for development and service delivery,” the SRC stated.

Moreover, the SRC highlighted that the pension plan would impose a significant financial burden on future governments and generations who would be responsible for covering the costs.

Had the courts ruled in favour of the CoG’s terms, the government would be obligated to provide lifelong benefits to all governors who have served terms in the counties.

Following the court’s decision, the SRC clarified that governors and deputy governors receive a service gratuity at the end of their terms, calculated at 31 percent of annual basic pay for each year of service.

The SRC also mentioned an additional option for governors and deputy governors to join a direct contributory benefit scheme if they choose to do so.

This ruling comes shortly after Lyn Mengich, Chairperson of the Salaries and Remuneration Commission, announced on July 3 a freeze on all proposed salary increases for state officials. Mengich noted that this move aligns with austerity measures recommended by the National Treasury.

Drama Unfolds as UDA Disowns Malala Ouster

Nairobi, Kenya (TheDispatch.Digital) – In a stunning development, Joe Khalende, who recently claimed to have overthrown UDA Secretary-General Cleophas Malala, has been publicly disowned by UDA Chairperson and Embu County Governor Cecily Mbarire. This high-stakes political drama has highlighted the growing divisions within UDA following its unofficial coalition with ODM.

Governor Mbarire convened an urgent National Executive Committee (NEC) meeting with party officials present in Nairobi, where it was unanimously agreed that no one could declare themselves an official of the party without following due process. She condemned the physical assault on Khalende, who had declared himself the new Secretary-General, replacing Malala, the former Senator of Kakamega.

Khalende’s coup attempt mirrors a past event in ODM when members allied to Raila Odinga ousted former Executive Director Magerer Lagat and replaced him with Oduor Ongw’en while others installed Edwin Sifuna as Secretary-General. Khalende claimed his takeover was endorsed by UDA’s “founder members,” although he did not disclose their names. Despite these claims, Malala dismissed the coup and reaffirmed his leadership, taking steps to safeguard his position.

The roots of this power struggle trace back to Malala’s recent attendance at a meeting organized by Trans Nzoia Governor George Natembeya. This meeting aimed to rally Luhya leaders, including ODM’s Edwin Sifuna and Saboti MP Caleb Amisi, in response to perceived marginalization within the “broad-based” Kenya Kwanza government. The Luhya community felt shortchanged in Cabinet appointments, with ODM’s deputy leader Wycliffe Oparanya being offered the Ministry of Cooperatives and SMEs, while Raila’s Luo allies, James Opiyo Wandayi and JohMbadi Ng’ong’o, secured the influential Energy and Finance dockets.

Malala’s participation in this meeting did not sit well with UDA stalwarts, who viewed it as a betrayal. This discontent culminated in Khalende’s bold but ultimately unsuccessful coup attempt, where he accused Malala of undermining the party’s progress and sabotaging the Broad-Based Government initiative led by President William Ruto and ODM leader Raila Odinga. Khalende argued that Malala’s actions were aiding UDA’s rivals and disrupting the party’s development.

Governor Mbarire’s intervention and the NEC’s decision highlight the intense factionalism within the UDA, raising questions about the party’s future stability.

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Revolution in Venezuela

Venezuelans are protesting what they’re saying is a fraudulent election allegedly wio by incumbent President Nicolas Maduro. In reaction to the widespread protests and apparent backing by neighbouring countries, the administration of Maduro demanded this Monday Argentina, Chile, Costa Rica, Peru, Panama, Dominican Republic and Uruguay ensure “the immediate withdrawal of their representatives in Venezuelan territory”, in response to their non-recognition of the presidential elections announced by the CNE last Sunday.

In an official statement, they state that it was decided to “withdraw all diplomatic staff from the missions” in these seven Latin American countries.

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Sedjati Gunning for Rudisha’s World Record at Olympics

Djamel Sedjati has two aims coming into the Paris Olympics: to medal for Algeria after the country drew a blank in Tokyo three years ago and to break David Rudisha’s 800m world record.

Algeria’s failure to medal at the Covid-delayed Tokyo Games in 2021 was seen as a massive disappointment.

It had come in the wake of Taoufik Makhloufi winning 1500m gold in London in 2012 and double 800-1500m silvers in Rio four years later.

But now the north African country has an athlete in the form of his life and gunning for what remains one of the toughest world records.

Rudisha set the mark of 1min 40.91sec when winning gold in the London Olympics in 2012.

It was a simply stunning run, but for the first time since that heady night in the British capital, there is a feeling Sedjati could be the one to threaten the time.

This year has been a real breakthrough season for the 25-year-old, born in the northern Algerian city of Tiaret.

He broke Makhloufi’s national record at the Paris Diamond League meeting this month, clocking an outstanding 1:41.56 to become the third fastest athlete in the history of the race after Rudisha and Denmark’s Wilson Kipketer (1:41.11).

Algeria’s Olympic legacy

Sedjati did not sit on his laurels after Paris, improving his time to 1:41.46, a Diamond League record and new world leading time, just five days later in Monaco.

“I am now thinking of the world record, I hope to run it at the Olympic Games,” said the Algerian, who claimed silver at the 2022 Eugene world championships.

“I will focus on that and put in the necessary work so that I can achieve my goal.

“It’s the fourth time I’ve run a world lead and the second time an Algerian record, I have worked really hard for that.”

Sedjati, who this year has also set a world lead of 2:13.97 over the 1000m, in Johannesburg, added: “I will keep the preparation the same.

“My mindset is that the hard work I have put in will pay off.”

A trip to the Paris Olympics will hold extra meaning for Sedjati, who was forced into quarantine at the Tokyo Games after contracting Covid-19 shortly after his arrival in the Japanese capital.

And as an Algerian at the Olympics, he has a lot to live up to.

The north African country, which made its Olympic debut in 1964, has garnered nine medals in athletics, including four gold.

Those to have topped the podium aside from Makhloufi in 2012 are all middle-distance runners: Nouria Benida Merah (1500m, 2000), Noureddine Morsli (1500m, 1996) and Hassiba Boulmerka (1500m, 1992).

Tellingly, Sedjati is currently coached by Ammar Benida Merah, who also oversaw his wife Nouria’s pathway to gold in Sydney.

Texas Says Meta to Pay KSh182 bn to Settle Photo-tagging Lawsuit

Meta has agreed to pay $1.4 billion (KSh 182 bn) to settle a lawsuit accusing it of violating a Texas state privacy law with a feature for “tagging” friends in Facebook photos, according to a deal finalized Tuesday.

Meta agreed to pay the money over five years to settle the claims accusing the social networking giant of unlawfully capturing biometric data of Facebook users in Texas. 

The lawsuit said Meta did not get users’ permission before enabling its software to recognize and “tag” people in pictures, according to a court filing.

“I’m proud to announce that we have reached the largest settlement ever obtained from an action brought by a single state,” State Attorney General Ken Paxton said in a statement, calling the settlement “historic.”

The lawsuit, filed in early 2022, was the first time Texas had gone to court to accuse a tech firm of violating its “Capture or Use of Biometric Identifier Act”, according to Paxton.

“We are pleased to resolve this matter and look forward to exploring future opportunities to deepen our business investments in Texas, including potentially developing data centers,” a Meta spokesperson told AFP, noting the settlement includes an agreement that there was no wrongdoing.

Meta rolled out the photo tagging feature in 2011, running facial recognition on photos uploaded to Facebook without asking users for consent, according to the suit.

Hamas Leader Killed in Israel Strike in Iran

Hamas said Wednesday its political leader Ismail Haniyeh was killed in an Israeli strike in Iran, where he was attending the inauguration of the country’s new president, and vowed the act “will not go unanswered”. 

Haniyeh’s killing came after Israel on Tuesday struck a Hezbollah stronghold in south Beirut, killing a senior commander of the Iran-backed group it said was responsible for a weekend rocket attack on the Israeli-annexed Golan Heights.

“Brother leader, mujahid Ismail Haniyeh, the head of the movement, died in a Zionist strike on his residence in Tehran after he participated in the inauguration of the new (Iranian) president,” the Palestinian militant group said in a statement.

Hamas political bureau member Musa Abu Marzuk vowed: “The assassination of leader Ismail Haniyeh is a cowardly act and will not go unanswered.”

Iran’s Revolutionary Guards also announced the death, saying Haniyeh’s residence in Tehran was “hit” and he was killed along with a bodyguard.

“The residence of Ismail Haniyeh, head of the political office of Hamas-Islamic Resistance, was hit in Tehran, and as a result of this incident, he and one of his bodyguards were martyred,” said a statement by the Guards’ Sepah news website.

Haniyeh had travelled to Tehran to attend Tuesday’s swearing-in of President Masoud Pezeshkian.

The Israeli army declined to comment.

Abbas condemns killing

Palestinian president Mahmud Abbas condemned Haniyeh’s killing as a “cowardly act” and urged Palestinians to remain united against Israel.

Israeli Prime Minister Benyamin Netanyahu has vowed to destroy Hamas and bring back all hostages taken during the October 7 attacks, which sparked the war in Gaza.

The attacks launched by Hamas resulted in the deaths of 1,197 people, mostly civilians, according to an AFP tally based on official Israeli figures.

Militants also seized 251 hostages, 111 of whom are still held captive in Gaza, including 39 the military says are dead.

Israel’s retaliatory military campaign in Gaza has killed at least 39,400 people, according to the health ministry in the Hamas-run territory, which does not provide details on civilian and militant deaths.

Regional tensions have soared since the start of the Israel-Hamas war in October, drawing in Iran-backed militant groups in Syria, Lebanon, Iraq and Yemen.

Haniyeh was elected head of the Hamas political bureau in 2017 to succeed Khaled Meshaal. 

He was already a well-known figure having become Palestinian prime minister in 2006 following an upset victory by Hamas in that year’s parliamentary election.

Considered a pragmatist, Haniyeh lived in exile and split his time between Turkey and Qatar.

He had travelled on diplomatic missions to Iran and Turkey during the war, meeting both the Turkish and Iranian presidents.

Haniyeh was said to maintain good relations with the heads of the various Palestinian factions, including rivals to Hamas.

He joined Hamas in 1987 when the militant group was founded amid the outbreak of the first Palestinian intifada, or uprising, against Israeli occupation, which lasted until 1993.

Hamas is part of the “axis of resistance” of Iran-backed armed groups arrayed against arch-foe Israel around the Middle East.

Iran has made support for the Palestinian cause a centrepiece of its foreign policy since the 1979 Islamic revolution.

It has hailed Hamas’s October 7 attack on Israel but denied any involvement.

Rigathi Gachagua Impeachment: The Underlying Reasons for the Push Against the Deputy President

Nairobi – The political landscape in Kenya is currently simmering with tension as Deputy President Rigathi Gachagua faces a potential impeachment. Several underlying reasons are driving this move, each adding layers of complexity to the unfolding political drama.

1. Scapegoat for Gen Z Protests

Gachagua is being positioned as the fall guy for the recent Gen Z demonstrations. Despite there being no evidence of his having direct involvement, his critics claim that his “shareholder” politics have incited anger and division among Kenyans. This narrative frames him as the catalyst for the country’s current unrest, making him an easy target for political retribution.

2. Fence-Sitting During Protests

During the height of the protests, Gachagua’s ambiguous stance—appearing to support both the youth and the government—has not gone unnoticed. President William Ruto reportedly views this fence-sitting as a sign of disloyalty, further fueling the desire to remove him from his position.

3. Changing the Narrative

Impeaching Gachagua could shift the political narrative significantly. Central Kenya’s reaction to his ouster could isolate the region, turning the issue from a Gen Z movement to a broader ethnic conflict. This strategic isolation could transform the political landscape into a Kikuyus vs. Kenyans scenario, a divisive one-against-42 dynamic.

4. Kikuyu-Somali Tensions

Gachagua’s earlier attempts to push for the resignation of NIS Boss Noordin Haji, a prominent Somali figure, have stoked ethnic tensions. The Somali community, which holds considerable influence with the President, perceives Gachagua as a threat. This ethnic dimension adds another layer to the impeachment push, reflecting the intricate power dynamics at play.

5. Strategic Realignment for 2027

Looking ahead to the 2027 elections, Gachagua’s impeachment could facilitate a significant political realignment. If the ODM nominates a successor, it could smooth Ruto’s path to re-election by appeasing Raila Odinga and his supporters. Sacrificing Gachagua might be seen as a necessary step for Ruto to maintain political stability and govern effectively.

Governor Kahiga’s Defense

Amidst the impeachment chatter, Nyeri Governor Mutahi Kahiga has emerged as a vocal defender of Gachagua. Kahiga dismissed the impeachment efforts as baseless and praised Gachagua for opposing the Finance Bill, which was unpopular among Kenyans. He emphasized that Mt. Kenya leaders would not support such a motion and expressed confidence that President Ruto would avoid this divisive path.

The impeachment saga surrounding Deputy President Rigathi Gachagua is a multifaceted political maneuver. With elements of scapegoating, ethnic tensions, and strategic realignments at play, the outcome of this power struggle will have significant implications for Kenya’s political future. As the situation develops, all eyes remain on President Ruto and the potential repercussions of this high-stakes political gambit.

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President Ruto Nominates Dorcas Agik Oduor as First Woman Attorney General

In a historic move, President William Ruto has nominated Dorcas Agik Oduor to be the first woman to hold the position of Attorney General in Kenya. Oduor, who is currently serving as the Deputy Director of Public Prosecution, qualified as an advocate in 1992. She began her career at the Attorney General’s chambers, where she rose through the ranks to become the Secretary for Prosecutions.

Despite her qualifications, Oduor was previously overlooked for the role of Director of Public Prosecutions, allegedly due to her Luo ethnicity. However, her nomination by President Ruto is seen as recognition of her exemplary work and a reflection of the new coalition with Raila Odinga.

Oduor’s nomination follows President Ruto’s recent reassignment of Rebecca Miano to the Tourism Ministry. In endorsing Oduor, many have praised her intellectual depth, humility, grace, and extensive experience. With Shadrack Moses set to be her Solicitor General, there are high expectations for significant reforms in the Office of the Attorney General.

Former Turkana County Executive Committee Member Beatrice Askul Moe has also been nominated by President Ruto for the position of East Africa Community and Regional Development Cabinet Secretary. The nomination of Moe, a Social Scientist and Consultant, and Oduor were made on the recommendation of ODM Party Leader Raila Odinga who has been holding meetings with Ruto away from the public eye. as was Dorcas Oduor. Moe’s previous role included overseeing Water, Irrigation, Agriculture, and Land Reclamation in Turkana County.

Stay tuned to The Dispatch Digital for more updates on these groundbreaking nominations and their implications for Kenya’s governance.