Reconsider Port Privatization, Coast leaders urged

By EUGENE OMILO

Transport minister Amos Kimunya has challenged Coastal leaders to reconsider their stand on the suspended port privatization process.

Kimunya said was it is of no benefit for local leaders to boast about ownership of an asset that is largely idle and unprofitable.

The minister was speaking at the port’s container terminal recently during the commissioning of the dredging of the Kilindini channel and the construction of berth 19.

Mr. Kimunya said the government wants to increase the port’s cargo handling capacity by 100 per cent, a feat he said would not be realized without involving the private sector.

 “We need to look at things positively, as we finish the dredging and the expansion of the container terminal, let us ponder about what we want to do with our port in future,” he advised.

The port privatization plan was put on hold last May after it elicited a politically polarized debate among stakeholders in the region.

Local Political leaders and employees’ representatives had put up a spirited campaign against the port’s privatization claiming the move would only benefit a few businessmen at the expense of locals. 

The government has since been forced to retreat politically on the privatization process though the official notice on the privatization process has not been degazetted. 

“Our intention is not to sell off the port and stash the cash in our pockets as claimed. Our aim is to improve the efficiency of the port through privatizing its operations for the benefit of trade in the country and the region at large,” said the minister.

He said the move to privatize the port was not calculated at victimizing a certain section of employees saying he was envisioning receiving proposals from the workers union wishing to offer manpower services to the port as a private entity in the event their services are privatized.

The two projects are flagship projects under the Kenya Vision 2030 which are aimed at increasing the port’s cargo and ship handling facilities to meet increasing demand.

The two year project will be undertaken by Chinese and Dutch contractors and will entail the deepening of the Kilindini channel by minus 15 metres and widening of the turning basin to 300 metres at its narrowest point.

It also includes the extension of the container terminal by 160 metres to provide a total quay length of 760 metres that can berth up to three second generation container vessels measuring 235 each at a go.

KPA MD Mr. Gichiri Ndua said the port of Mombasa, like other international players in the maritime arena, has not been spared from the pressure to expand its handling facilities to meet the demand to accommodate larger vessels. 

“Globally, we are under immense pressure to deliver quality services. To benefit from economies of scale, major shipping companies are either merging or deploying mega vessels into the market to save on cost,” said Mr. Ndua.

Mr. Ndua also paid tribute to his two predecessors at the helm of the port Mr. Jonathan Muturi who was responsible for undertaking the last expansion phase at the port in 1980 and Mr. Brown Ondego who conceptualized the idea of the current expansion. 

Transport PS Dr. Cyrus Njiru said the government was committed to realigning the transport sector even with the scarcity of financial resources as it is the key booster of the country’s economic growth.

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COURTING KARISA MAITHA EVEN UNTO DEATH

By EUGENE OMILO

When the late Tourism minister and then undisputed kingpin of Coast politics Emmanuel Karisa Maitha was laid to rest in September 2004, many political operatives in the region whose careers depended on the influential leader were left in despair and were aptly described as political orphans.

But over the years, life had to go on and many of those orphans have (or seem to have) grown to be their own men and women advancing their own individual influences in the regions they come from.

But as 2012 beckons and even as sitting Coast MPs stay , a crop of aspiring politicians have suddenly started courting the command and charisma of the fallen minister to advance their own political destinies.

The late minister died on August 26, 2004 in Germany while on an official tour.

As evidenced by a recent marking of the seventh anniversary since his passing, several happenings in the elaborate Mijikenda traditional ceremony left a lot to be desired as far as courting the ‘ghost’ of Maitha is concerned.

The late minister’s son, Mr. James Maitha chose the ceremony as the platform to formally announce his candidature for the IIBC proposed Kilifi South parliamentary seat while Maitha’s top aide Mr. Nyonga wa Makemba also launched his bid for the Kisauni parliamentary seat in Mombasa county.

Both James and Makemba as well as Kaya elders spoke of the unity of the Coastal electorate and the absence of its unifying factor since the death of Maitha in a clear indication that Kaya forces were rooting for a scion of the late minister to feel the vacuum that he left.

The presence of Kaya elders representing each of the nine sub tribes of the Mijikenda  community at the ceremony was also a clear manifest of the duo’s deep respect and belief for the traditional Mijikenda way of worshiping which was championed by the late Maitha.

At the same time, it came to the fore that Maitha’s posthumous blessings for 2012 are not just sought by his kin and former confidantes.

 A number of political aspirants both at county and national levels still regard the ‘Maitha factor’ as an investment  for their bid to woo the Mijikenda  votes if those who turned up for his anniversary is anything to go by, especially as 2012 beckons.

The presence of Gulf group of companies chairman Mr. Suleiman Shahbal was especially a surprise to many as Mr. Shahbal has declared his interest to vie for Mombasa county’s governorship.

Again, presidential contender Peter Kenneth who hails from Central Kenya was represented at the function by Mombasa Businessman James Mureu who said Kenneth recognized the late Maitha as a true hero of the Coastal people.

Both Shahbal and Kenneth promised Maitha’s widow Racheal Maitha that they will see to it that a state of the art mausoleum is built in honour of the fallen minister.

The two seem to have taken a hint from the late minister’s widow who had complained that her family had been abandoned by those who worked with Maitha in government.

Evidently, Shahbal’s bag of goodies did not end with the mausoleum.

The wealthy banker promised to offer scholarships to 100 youths from the Mijikenda community once the proposed Islamic University that his bank is funding to the tune of Sh1 billion is complete. 

Those who spoke at the event challenged Shahbal to nominate a Giriama lady as his running mate in 2012 in exchange for massive support from members of the Mijikenda community living in Mombasa County.

An aspirant for the Kilifi County senator’s seat  Mrs. Naomi Cidi who also attended the weekend anniversary never misses to mention ‘Mugogo’ in her political tours.

She extols the bravery of the late Maitha and likens herself with his virtues and conquests to endear herself to the followers of the late Maitha to her side. 

Further North in Kilifi county, former cabinet minister and Kaloleni MP now Dr. Morris Dzoro is getting closer to the Maitha family and although he is yet to declare his interest for any seat in the vast county, his latest move, political observers say, is one of a man seeking to get in touch with Maitha’s ‘ghost’ for guidance as to what he should go for come 2012.    

(Dr. Dzoro has just completed his PhD in tourism related studies at Moi University.) 

Career administrator and sitting Ganze MP Francis Baya also recently led a delegation headed by Vice President Kalonzo Musyoka to the late Maitha homestead before announcing his candidature for Kilifi county’s governorship in 2012 at a political convention at Pwani University.   

While at Maitha's graveyard, the VP also partly unveiled his manifesto for his 2012 presidential bid.

Among many others who have made surprise visits to the Maithas is one Gedion Kioko Mbuvi aka Mike Sonko whose political antics have caused many an embarrassment to his parliamentary contemporaries.

It would have been an interesting spectacle if Sonko was to play defiance of Nairobi City council  directives while the late Maitha was still holding the local government ministerial docket.

Some analysts, however, feel the Maitha factor should not be over expounded to confuse the electorate as the politics of patronage are long gone.

Mr. Patrick Birya who is the chairman of the Midzichenda Youth Association says those banking on the ‘Maitha factor’ to sway the Mijikenda votes in their favor are doing so for their own personal gratification.

“The stunts at Maitha’s graveyard will not have any major bearing for them, the electorate is more civilized and voters will be focusing on issues that matter such as one’s ability to create opportunities for his people as well as their development records, not a hero’s name,” said Mr. Birya in an interview with with this blogger.

He said the failure by Coast MPs to attend the late minister's anniversary should not be viewed as a concern as  even though the late Ronald  G. Ngala was more powerful nationally than Maitha, no anniversary has ever been held since his death in 1974.

SPOTLIGHT: Mombasa’s multi million shilling parking scandal uncovered

By EUGENE OMILO

The slow wheels of justice could after all be catching up with a cartel of well connected former and present Town Hall and Kenya Airports Parking Services (KAPS) officials enjoying the fruits of an illegal multi million shilling public partnership contract signed between the two entities seven years ago.

The anticipation comes after a directive was issued by the high court last Friday to bar an agent of the Council from collecting parking fees or clamping defaulting heavy commercial vehicles within the municipality in favour of a suit filed by the Kenya Transport Association (KTA) last year.

After the disgrace of Summit Cove Lines Ltd, observers now have their eyes fervently trained on the scales of justice over yet another ongoing case involving the council and another lobby group challenging a similar contract between the council and KAPS.

Last year, Coast Residents Platform which is the plaintiff in the suit registered a first win in the case that has dragged for close to three years when Justice Jackton Ojwang’ (now of the Supreme Court ) threw out an application by the Council and KAPS to have the plaint by the lobby dismissed on technical grounds.

The lobby wants the high court to annul a public private partnership between the council and KAPS claiming the  contract is illegal as the latter had due advantage in being considered for the contract.

The plaint was filed in April 21,2008 before Justice Jackton Ojwang’ through a representative of the lobby, Mr.Raphael Livu, the group’s Programmes Co-ordinator.

Sensing the sensitivity of the suit, the council and KAPS immediately moved to court on May 20, 2008 to file a statement of defence challenging the legibility of Mr. Livu to sue on behalf of Coast residents.  

The two parties claimed the complainant had no locus standi to institute the suit as he had no written authority from the Coast residents represented in the suit. 

However, Coast Residents Platform filed a replying affidavit to counter challenge the move made by the Council and KAPS and later on carried the day after the court dismissed the latters’ application and allowed the proceedings to continue.

In his three page ruling, Justice Ojwang’ overlooked a submission by the council and KAPS indicating that any person aggrieved by the process in which the tender was awarded should channel their complaints to the Public Procurement Administrative Review Board.

Ironically, the basis of last Friday’s ruling issued by the same court had quashed the legitimacy of Summit Cove Lines Ltd to provide parking services for trucks claiming the council contravened public procurement regulations. 

In its argument, the Coast Residents Platform states that the agreement between the council and KAPS is unfair and illegal as it is calculated to only benefit KAPS through its subsidiary company at the expense of the rate payers of Mombasa town. 

An interesting twist in the charade is that currently, the Council and KAPS have become strange bed fellows with the former accusing the latter of controlling its revenue tap.

Town clerk Tubman Otieno said in a joint press conference with Kenya National Chamber of Commerce and Industry  Mombasa branch chairman James Mureu last month that the council is losing more than Sh 4 million a month from the service as a result of the contract with KAPS.

The local chapter of KNCCI announced that it would seek to be enjoined into the case with Coast Residents Platform as it was not happy with parking services in the town.

The parking services are currently being undertaken by a private company, KAPS Municipal Parking Services, which  is a limited liability company formed after the contract between the council and KAPS signed in June 2006.

Its shareholding was divided in the ratio of 75 per cent for KAPS and 25 per cent for the Municipal council though the Council did not contribute materially in the formation of the company.

 According to details contained in an agreement between the Council and KAPS obtained by this blogger, the contract between the two is renewable after a period of 10 years.

The agreement also indicates that the shareholding ratio would be revised to 65 per cent for KAPS and 35 per cent for the Council when the agreement is renewed in 2016.  

Further, the agreement states that the Council’s employees previous charged with handling parking services would be deployed under the new company whose management is no different from that of KAPS.

Since the signing of the pact, the employees’ future has been uncertain as they have at times forced to go without their monthly pay as their new employer (KAPS) failed to honour his obligations to pay their salaries time and again.

The contract states that KAPS Municipal Parking Services will be remitting an advance share of profits amounting Sh1 million every month in arrears for the first three years and thereafter increase the figure at the rate of 10 per cent each year.

Again, servicing and maintenance of the street car parks is undertaken solely by the Council.

At the moment, the court is yet to issue hearing dates for the case.

Last Friday, the High Court in Mombasa issued the directive to bar Summit Cove Lines Ltd from controlling the parking of heavy commercial vehicles after it established that the Council had awarded the contract to the private company illegally.

KTA who had moved to court early last year to stop the public private partnership initiative between the two entities argued that the Council had appointed the private firm to run the designated parking yards without inviting expression of interest by competitors, hence according undue preference to one party, namely Summit Cove Lines Ltd.

The council also failed to declare the plot numbers of the four yards in Kibarani, Magongo, Changamwe and Miritini which the transporters has insited belonged to private hands.

Earlier in 2010, transporters called on a strike that lasted almost a week to protest at the partnership between the Council and Summit Cove Lines Ltd which led to a near paralysis of operations at the port of Mombasa as cargo was left uncollected.

Apparently, transporters were angered by the fact that the Council compelled them to park at the privately owned yards while waiting to load petroleum products from the Shimanzi Oil circuit yet they themselves have invested in their own yards.

Efforts by the Kenya Maritime Authority to arbitrate over the impasse did not bear any meaningful fruit, prodding transporters to sue the council and the private firm.  

Though Summit Cove Lines Ltd insisted that it sought the approval of Local Government minister Musalia Mudavadi on the public private partnership, Justice Jackton Ojwang’ said in his ruling that the court had established that the council awarded the contract to the private firm without complying with the Public Procurement and Disposal Act.

According to analysts, if the recent ruling by the high court to dishonor the contract between the Council and Summit Cove Lines Ltd is anything to go by, then the Council’s contract with KAPS could as well be destined to the doldrums. 

Even with such an eventuality, the question remains whether or not the culprits will be brought to book.

ORENGO HAS FAILED COASTARIANS ON LAND

By Njuguna Mutonya and Eugene Omilo

In the history of Kenya , never has any one single appointment to the cabinet elicited so much hope and excitement in the Coast as when James Aggrey Orengo was appointed to the lands docket .

Allover the province , there were wild ululations as his name was called out at the formation of the Grand Coalition government and there was general acceptance that the land juggernaut which is the alpha and omega of all political crises in the region would finally be resolved .

After all , James Orengo brought the right pedigree to a ministry shrouded in corruption and lethargy which had been bred to a fine Mafia like corporation during the dirty years of Moi’s rule .

If ever there would be anyone who could tackle the juggernaut , James Orengo – straight from the trenches of dislodging Moi from power with his fine pronouncements and radical bearing – this was the man !

Four years down the line , the feelings of hope have dissipated , the land cartels are back in full operation and strengthened and the title deed –yes that sacred paper which Coastal residents think is the final resolution to their land woes is as elusive as ever .

Night evictions have resumed in earnest , hiving off of public properties by people in power has re-emerged energized and blatant  and ministerial directives to repossess public lands stolen in the past have remained just that and transactions are being done on the same .

The Ministry of Lands officials in the regions have continued with their corrupt practices facilitating the continued emasculation of the citizens rights through bribery so brazen that the commitment of the team at Ardhi House is now publicly questioned .

One senior official of the Mombasa land office was so deeply enshackled by the land cartels that they kept him on a short leash of drunken merry making and sexual orgies that he forgot he had an office only reporting there grogilly to sign away pieces of land for his clients who would open yet another bottle of whiskey for him .

His fate is unclear today !

While the Minister can easily explain his achievements as having passed the crucial National Land Policy , the man on the ground has yet to feel the impact of the Ministry’s actions as all the main land issues remain unresolved ten years after the NARC Revolution that sowed so much hope amongst Kenyans . 

 

The politics of the Coast Province revolve around the issue of land and the present proliferation of fringe groups in the Coast calling for secession and threatening the security order of the region is seen as a direct reflection of the governments failure to address the issue .

Today we have the highly visible Mombasa Republican Council (MRC) which has been causing headaches to the security apparatus because of its apparent popularity amongst rural indigenous coastal and the recently disclosed Nyuki Movement for Independence .

Khelef Khalifa of Muslims for Human Rights (Muhuri) says the biggest obstacle to addressing the land issue is that the ‘distructive forces’ are still in control of the whole system.

He says there is no goodwill in fighting land grabbers, especially those with occupying prime areas like beach plots.

“Why is he shying away from the Ndung’u Report?” poses Khalifa.

He must go back to the Ndung’u report and reposses grabbed land. We all know that the Kenyatta family took possession of vast stretches of our beach plots together with their sycophants yet they are not indigenous people from the Coast,” he says.

Khalifa points out at certain public utility lands which have been developed by private organizations yet not action has been taken saying such are the issues the minister should go for.

He also disputes the issue of absentee landlords terming it an outright lie.

“There are big wigs of former regimes some of whom are still in leadership positions who used to bequeath themselves land so as to access loans from banks,” he says.

“Some of them cannot come out publicly to declare possession of such land because they know they wrongfully acquired t. These are the title deeds Orengo should revoke and see to it that such Land is given to the rightful owners.

A Kilifi based land surveyor and political activist Mr. Joe Tete says though most residents yearn to get title deeds for their plots, they later on realize that the documents do not give them outright ownership rights.

“The truth is that these documents cannot be of any help to owners as they can neither be used as security in courts or even for purposes of property transfer,” he says.

According to him, the bureaucracy in the lands ministry is still a problem which Orengo has failed to address.

Tete says the allocation of plots in settlement schemes is riddled with a lot of corruption and people in positions of authority are rushing to award themselves plots meant for the landless.

Mr. Frank Elizabeth of Kisauni Community Development Initiative says the implementation of the National Land Policy should be taken seriously by Parliament.

He says it is the responsibility of Orengo to push Parliament to formulate appropriate laws to enable the implementation of the policy which was formed through public participation.

The policy, amongst other factors, recommends the inclusion of the National Land Policy in the Constitution, the formation of the Truth and Justice Commission (both of which have been done) and the formation of the National Land Commission (yet to be formed). 

He says the appointees of the National Land Commission should be people of integrity who will approach the land problems without the worry of going against vested interests or those of their cronies.  

CIPK Organizing secretary Sheikh Mohamed Khalifa says unless top officials at the Lands ministry are transferred or removed, tackling the land problem might be an uphill task because majority of them are beneficiaries of grabbed land.

He also blames the government for failure to implement the Ndung’u report which he says is the ultimate solution to land woes.

He says the Judiciary should use its authority to revoke title deeds of grabbed public land and return the land back to the government for redistribution to the landless.

He also calls on the Kenya Anti Corruption Commission to be more courageous to take culprits of land grabbing head on.  

Q & A with Mombasa Mayor Ahmed Mohdhar

He hits out at his critics and outlines his achievements and visions for Mombasa town.He spoke to Eugene OMILO.

Q: The mention of the Municipal Council is almost always synonymous with ‘garbage’ which has proved a major problem in Mombasa over the years of your reign as the mayor. Why are we stuck?

A: The cleanliness of our town is one of our core mandates as a Council and that is why there is a connection between garbage and the Council. What I want to assure Mombasa residents however is that we are not stuck. As we strive to clean the town, we want the public to be vigilant and apprehend all the enemies of the town’s environment because cleanliness is the duty of all of us and not the Council alone.

Q: What has the Council done to play its part?

A: When I was elected Mayor in 2008, I inherited a debt of Sh200 million owed to private garbage collectors. The Council was paying Sh10, 000 per hour for the services of privately owned bull dozers. It was through my effort that the Council has acquired two bulldozers that are manned by our own staff. We have repaired several trucks and bought new ones to increase efficiency. We have the will to make Mombasa clean, but let everyone play their part too.

Q: Do you have any concrete long term plans to address the garbage collection process?

A: Yes. We are working hand in hand with our parent ministry to put up project that will involve recycling of the garbage. We have been promised a grant of Sh1 billion by our development partners in France. This will help us build a recycling plant in Mwakirunge, a landfill in Likoni and a collection site at VOK area where we have enough land for the purpose.  The ministry has already invited tenders so we expect the projects to take off soon.

Q: Why not privatize the whole process, we understand there were plans for the same earlier on?

A: Privatization? No way! We cant transfer all the Council’s duties to private hands. If other Councils are handling their functions well, why not us? We also need to protect the jobs of Council employees. We are currently in court battling with a private company that has been running our parking services where we are earning a paltry Sh1 million instead of Sh25 to Sh30 million. This money is going to few individuals yet it is supposed to serve Mombasa residents.

Q: The election of the Mayor of Mombasa has always been influenced by various forces including wealthy businessmen and senior politicians. This has left many people wondering whether the Mayor is solely in charge of the city or is controlled by other caucuses?

A: If you didn’t know before then take it from me that as far as the mayors office is concerned, the buck stops with me. Period.

Q: What have you done as far as the social welfare of the people of Mombasa is concerned?

A: I am the first Mayor in Kenya to establish a bursary kitty for destitute children. I came with the idea of allocating Sh110,000 annually to all elected councillors in Mombasa to cater for bursary needs in their wards. I also established the Mayor’s Idd and X mass tree fund which has raised money that we have used to help poor children pay their fees. I have renovated the Municipal stadium and next, I will install floodlights.

Q: Mombasa being a historical and tourist town, does the Council have any agenda to promote this important sector? 

A: We recognize this fact and we have gone to great lengths to support tourism. Tourism cannot be sustained if the town does not have enough security. That is why we have installed street lights to make our streets secure. We are also working hand in hand with Kenya Urban Roads Authority to ensure our roads are maintained to the highest standards. We recently procured a grader for this purpose.

Q: You have been portrayed by the media as one person who is always fighting unending wars, seeing everyone as an enemy including journalists! Why all the uproar?

A: When you hear me shouting, I am not fighting my own wars. I am only protecting the integrity of the people of Mombasa because anyone who utters a word of disrespect to the Council is as good as abusing all the residents of Mombasa which is unacceptable. I don’t expect anyone to issue blanket statements declaring the whole town is stinking, corrupt, etc. It can’t be the whole Municipality. My door is open and I expect those who are discontented by our way of doing things to address us in a formal way. Let people come to us with solutions instead of criticism, we accept wise counsel.

Q:There are accusations that you have been overstepping your mandate to carry out functions of the executive arm of the Council. Is there any discord?

A:Most people think that the mayor is the one to tackle everything that is to be handled by the Council. Whatever is seen as an excess of my power arises from the passion that I have for my job and the good intentions that I have for the people of Mombasa. I try to work closely with the Town Clerk and departmental heads because the blame is always heaped on me not them.

Q: How is your relationship with MPs representing the four constituencies falling under the Municipality?

A: I am glad, three out of the four MPs have worked at the Council and they understand how we work. We have allowed CDF committees to put up viable projects on our land. What I oppose is the idea of a leader trying to acquire Council property by force .However good intentions one might have for our projects, they must respect my office and follow the right procedure.

We also hope to work well with other stakeholders including the new Mombasa Water and Sewerage Board which has very competent directors.

Q: Talking about land, it is common knowledge that various plots within the CBD previously belonging to the Council have been grabbed and you haven’t raised your voice yet?

A: My hands are tied. We have to follow the law because I cannot revoke anyone’s title deed. Once a  gazette notice orders the repossession of a plot, I will pursue it, even if it belongs to my brother.

Q:Any surprise in store for the people of Mombasa?

A: We shall soon be commissioning the one and only fire station complete with a training school for firemen in Likoni . I am expecting a fire engine donated to us by the Mayor of Kobe in Japan and another one from England. These will be dispatched to sensitive areas like Changamwe as we work on reviving more old engines.

Q: Your parting shot?

A: Mombasa is home to 3 million people. Out of all these people, it is Mohdhar who is Mayor of Mombasa yet I am  not an intellectual or even handsome. This is God’s plan and that is why I want to carry out my duties with diligence. If anyone is bitter about my occupancy of the Mayors’ parlour then I am sorry because my fate is above my own control.