Kenya Insights

Author: Kenya Insights Team

  • Equity Bank Battles Billion Shilling Tax Evasion Against KRA

    Equity Bank Battles Billion Shilling Tax Evasion Against KRA

    Equity Bank has moved to the High Court to challenge tax demand of Sh1.7 billion from Kenya Revenue Authority (KRA) arising from excise duty on various fees earned by the lender.

    The lender wants the High Court to set aside the judgement of the Tax Appeals Tribunal delivered in March last year, directing Equity to pay the amount as demanded by KRA.

    Equity says in the appeal that the Tribunal erred by applying the definition of “Interest” in the Income Tax Act.

    According to Equity Bank, the nature of loan appraisal fees is the determinant factor in the dispute, and at the same time completely ignore the nature and treatment of appraisal fees vis a vis interest income as stipulated by Central bank of Kenya Prudential Guidelines.

    “Tribunal erred in law and in fact in finding that Loan appraisal fees are part of “interest” under Part Ill of the First Schedule of the Excise Duty Act and Tribunal erred in law and in fact in failing to find that Loan appraisal fees are part of “Other fees” under Part Il of the First Schedule of the Excise Duty Act.

    The lender further faults the tribunal on the finding that Equity had no basis for levying Excise Duty on Loan appraisal fees and that income earned on temporary overdraft facilities offered to its customers are not subject to Excise Duty.

    The bank argues that the finding that income earned on advance to its customers relating to the un-cleared cheques are not subject to Excise Duty.

    Equity Bank also faults the Tribunal finding that fees charged to programs run by donor organizations in conjunction with the Government of Kenya which programs are expressly exempt from taxes by virtue of a financing agreement between the Government of Kenya and the Government of the United Kingdom, are not subject to Excise Duty.

    The bank further alleges that that the tribunal failed to consider the evidence it adduced in arriving at its decision.

    The tribunal comprised of Josephine Maangi (chairperson) Geoffrey Karuu and Tanvir Ali upheld the KRA decision and set aside the bank objection Decision dated 19th September 2017, in respect of Excise Duty.

    The tribunal heard that taxman carried out a tax compliance audit of the Bank’s records with regard to Corporation tax for the 2015 year of income, Excise Duty for the period August 2013 to December 2015 and Pay As You Earn (PAYE) for the 2016 year of income and on 21st June 2017 the taxman, pursuant to the said audit issued a tax assessment in respect of the said three tax heads amounting to Sh1,738,969,276 inclusive of penalties and interest.

    Equity Bank objected to the entire assessment in a notice dated 21 July 2017 and KRA issued an objection Decision on September 9, 2017 in which it confirmed the assessment as having been properly issued and proceeded to demand the taxes.

    Equity Bank being aggrieved filed the appeal, which was dismissed by the tribunal.

    KRA was of the opinion that the Finance Act, 2013 is explicit on the definition of the term ‘other fees’ which includes fees, charges, and commissions charged by financial institutions and that the only incomes explicitly exempted from Excise Duty, by the Finance Act, 2013 and Excise Duty Act 2015 are interest and insurance premium or premium based on related commissions and other services under part B of the latter Act.

    But the Bank argued that KRA was erroneous in charging Excise Duty on interest earned and may not have considered the underlying facts of the nature of the fees deemed to have been subject to Excise Duty.

  • Masterminding Somalia’s Misrule

    Masterminding Somalia’s Misrule

    By Prof Abdiwahab Abdisamad


    US meddling in Somalia has gone on for decades. It has included the disastrous “Black Hawk Down” operation of 1993, the US-backed Ethiopian invasion from 2006 to 2009, the current presence of US troops, and the drone bombing campaign that began under Obama in 2011. In 2021, with the help of Minnesota Congresswoman and Somali American Ilhan Omar, it engineered the defeat of President Mohammed Abdullahi Mohammed, aka Farmaajo., who had been trying to re-establish the nation’s sovereignty and control of its own security forces. Farmaajo was replaced by Hassan Sheikh Mohamud, who has done the opposite, as Dr. Abdiwahab Sheikh Abdisamad writes here.

    Dr. Abdiwahab is a Somali Kenyan and Kenyan citizen. He is the Executive Director of the Institute for Horn of Africa Studies and a specialist in political science, conflict resolution, and rural development. On September 8, 2021, he was abducted by Kenyan police working as mercenaries for Somali elites. Upon his release 12 days later, they warned him to stay out of Somali and Ethiopian affairs, to stop supporting former Somali president Mohamed Abdullahi Mohamed, aka Farmaajo, to stop opposing former Somali prime minister Mohamed Hussein Roble, and to warn his colleagues to do the same. His 12-day captivity shocked the nation.

    On January 11, Nairobi Law Monthly published this essay but then removed it several days later without explanation.  — BAR Contributing Editor Ann Garrison

    Somalia’s President Hassan Sheikh Mohamud is at the center of a spiraling disaster, and the country is mired in a protracted self-inflicted crisis. The army is disintegrating, the economy is in disarray, and public trust in the government is eroding.

    Mohamud came to power by running one of the most unconventional campaigns, rife with hate and a threat to violence. He tweeted a few weeks before the election, “If those who lead our country refuse to listen and accommodate the voices of reason, soon they will deal with those of unreasonable voices equipped with violence.”

    It’s fair to say Mohamud came to power through threats of violence and was ready to risk it all to return the country to the ugly events of 1991, the year Somalia lost the central government, followed by a bloody civil war. At some point, he could not conceal his desire for violence.

    “The time-proven democratic principle of the ballot rather than the bullet is what our people are eagerly waiting for now. History teaches us stability and prosperity are conditioned on VOICE OF REASON to lead the processes,” said Mohamud in another tweet.

    In any case, Mohamud prevailed in the election with many factors, including direct cash support from foreign entities, and is currently in the seventh month of his term as president, half of which he has spent outside the country on foreign trips that have cost the country millions of dollars to accommodate his large entourage, primarily comprised of cabinet members – mostly members of his clan.

    On a rampage

    Immediately after his election, the president went on the rampage, destroying legitimate institutions, empowering clan militias, and going against anything that was in favor of the state-building process. As a result, the national army is demoralized, and the arming of the militia and the availability of government weapons to clan militia who may use them against other clans has hampered the government’s efforts to have a UN arms embargo lifted.

    Abdi Ismail Samatar, a Somali senator, has warned the president against arming clan militia and dividing the army along clan lines. Samatar says, “To call for tribal groups to arm themselves and fight al-Shabaab without a national civic pact and credible national leadership repeats the mistakes of the 1980s and 1990s, and may yet usher in decades of internal conflict after al-Shabaab is defeated.”

    The cabinet, which the president handpicked, reveals a lot about the sort of government that now exists. A glaring unfairness is that it does not reflect on the regional and clan balance; worse, this government has rewarded a man who led a group that killed tens of thousands of Somali civilians with a ministerial position. Mukhtar Robow the minister of religious affairs, is one of the founders of al-Shabaab. Until recently he was in prison but was rewarded with a ministerial office. As a result, al-Shabaab is more confident than they have been in the past, and they have every reason to be optimistic that they can survive four years of misrule.

    To evade accountability, Mohamud undid three state institutions—the anti-corruption agency, the economic advisory body, and the judicial services commission—in less than six months.

    Failed uprising, insecurity in the capital

    A month into his rule, a popular revolt against al-Shabaab occurred in the Hiiraan Region, in central Somalia. Mohamud used the uprising as a means to arm specific militias that he created himself, with the result of pitting clans against one another. He soon abandoned the militias which have fallen prey to al-Shabaab. The popular revolt is now on the edge of collapsing, and al-Shabaab is regaining regions.

    One of Mohamud’s biggest failures is his appointment of Mahad Salad as the head of the intelligence agency NISA even though he had no experience in security matters. Mogadishu is currently in a state of disarray as a result.

    Salad, who has also embarked on a mission to demolish the intelligence agency, began by punishing NISA workers close to the previous administration. He then began targeting individuals he thought were favorable to the former leader of NISA, Fahad Yasin, some of whom were valuable to the agency and the country’s security. Critics saw Yasin as someone with a lot of power in the government and a threat to the winners of the election.

    The mismanagement and mistrust at NISA resulted in a vacuum and confusion inside the body, which just a few months before was acknowledged as being on the verge of becoming a sophisticated intelligence body.

    In his first interview, Fahad Yasin, the former head of NISA, claimed that the current leader of the spy agency, Mahad Salad, has a close relationship with al-Shabaab and helped facilitate some of the group’s attacks on government officials. Salad is yet to respond to the allegation that he works with al-Shabaab.

    By the time I began writing this piece, the first batch of 5,000 Somali soldiers trained in Eritrea returned – in late December – to join the country’s ongoing offensive against al-Shabaab. President Mohamud says he is happy to receive Eritrean military help despite being one of the fiercest critics of his predecessor’s military cooperation with the government of President Isaias Afwerki. Mohamud’s flip-flopping on important national security is unbecoming of a president.

    Unfavorable deals

    The Coastline Exploration oil and gas company claims that it has revived a defunct oil production-sharing deal with Somalia’s government. While Coastline Exploration celebrated the deal and claimed to have paid $7 million as a signing bonus, the president hasn’t publicly acknowledged it.

    Coastline Exploration, however, reported that it has “received final authorization for it to proceed with its exploration program from the competent authorities within the Federal Government of Somalia (FGS).”

    “Today marks a major step forward for Somalia, as we look to develop our energy industry which should deliver material benefits for all Somalis. Energy independence, new tax revenues, and further foreign investment in Somalia now beckon,” its statement read.

    The US company, which was established in 2018, paid $7 million for at least 12 oil blocks. Mohamud’s government signed the agreement despite the opposition of the Financial Governance Committee, a group of experts comprised of the Somali finance minister, parliamentarians, and World Bank members, which warned against signing any oil deals because the country lacked a legal framework to protect its own interests.

    Insecurity and foreign naval operations in Somali waters

    Some Somali legislators have called for an end to foreign naval operations off the Somali coast and called for building a Somali coast guard and national navy capable of guaranteeing the country’s maritime security. The EU has its own naval force, EU NAVFOR Somalia , in Somali waters, and it has begun training Somali maritime police, but this is unlikely to have any impact on a country dealing with insecurity and external interference, including the EU’s.

    The piracy threat in Somalia began when Somali fishermen found it difficult to fish in their own waters and claimed to have seen vessels from other countries fishing unchecked. EU NAVFOR claims to operate in Somali waters for the purpose of deterring, preventing, and repressing piracy.

    Last week the European Union extended its operation in Somali waters for another two years even though piracy has been in decline.

    “Capitalizing on the successes of suppressing piracy off the coast of the Horn of Africa and Somalia, the overall mandate of Operation Atalanta was consolidated. With this mandate, Operation Atalanta is now in a better position to contribute to the implementation of the UN arms embargo on Somalia, reduce drug traffic, support the ongoing fight against al-Shabaab and its funding stream, and the progress of the government of Somalia,” the European Council said in a statement.

    President Mohamud agreed to a two-year extension for the European Union to operate in Somali waters. This counteracts the previous president’s efforts to develop its own naval force to protect its own territory from illegal fishing and armed smuggling.

    The EU shipping fleet is the “number-one harvester” of the depleted supply of yellowfin tuna in the Indian Ocean. These industrial boats take three different kinds of tropical tuna simultaneously, in addition to bigeye tuna and skipjack, whose catch limit has been disregarded for the last three years despite being overfished.

    President Mohamud is not a disaster waiting to happen; he is a disaster that has already happened to Somalia. He is accused of swindling Somalia’s fortune during his first term (2012-2017), when he suddenly became one of the wealthiest men in Africa, in a country where more than half of the population rely on aid agencies for food, water, and medicine. It is difficult to predict what kind of chaos and destruction he will leave behind by the time he finishes his term in office. However, judging from what he has done so far in seven short months, the nation currently known as Somalia may no longer exist.

  • Banks, Safaricom Defy Court’s Ruling On Cash Transfer Charges

    Banks, Safaricom Defy Court’s Ruling On Cash Transfer Charges

    Most lenders and Safaricom have continued to levy bank to M-Pesa charges in defiance of a court order.

    The High Court slammed brakes on reintroduction of bank to M-Pesa transactions.

    But a survey I’m several banks including Kenya Commercial Bank, Equity Bank , Co-operative Bank and Safaricom are still charging bank to M-pesa transactions against the court order.

    Customers from various Banks confirmed that their banks are charging for the said transactions.

    Central Bank of Kenya Governor has also not issued any statement or directives informing them not to introduce the charges as ordered by Justice Mugure Thande.

    Justice Thande issued a conservatory orders directing the telcos and the regulator to suspend the reintroduction of the charges for mobile money wallet and bank transactions, pending hearing and determination of the case.

    Moses Wafula challenged the decision to reintroduce M-pesa charges a move that was condemned by the members of public due to harsh financial situation being experienced in the country.

    Petitioner through his lawyer wrote to Central Bank Governor Patrick Njoroge on 10th of January,2023 questioning why he has failed to direct the Banks to suspend the transactions as directed by the high court .

    “CBK as a regulator of Banks and M-pesa platform, is hereby required to direct the Banks to suspend the reinstated charges until the court issues any further orders in the matter,” Wafula letter stated.

    Wafula urged the court to order CBK to produce before court within fourteen days, the criteria for authorisation of Mobile to Bank payment services, the list of documents submitted prior to clearance, and other documents specifically illustrating how the best interests of the public were taken care of prior to authorization.

    “This court do order the intended Central Bank of Kenya to produce before court within fourteen (14) days the NO OBJECTION LETTERS issued to 1st Respondent and Banks in view of the MPESA PAYBILL contracts between the 1st Respondent and the respective Banks,” urged the court.

    He argue that if the Banks continue riding on this Mpesa Paybill infrastructure, making money from members of the public, then in the event that this honorable court finds this Mpesa paybill platform to have been operating in contravention of the Law, the impact will be higher; more funds from the members of the public would have been lost and it may be a lot more difficult to ask the banks to refund such funds collected from the members of the public.

    He said the case before court illustrates that the engagement between Safaricom and its Mpesa Paybill clients is a bipartite business engagement between the Safaricom as the Mpesa Paybill service provider and their Mpesa paybill primary clients being the service recipients. Banks and other financial institutions using the Paybill system are classified as Safaricom’s Mpesa Paybill primary clients.

    He adds that the Banks being one of Safaricom Mpesa Paybill primary clients also elect to pass the Safaricom Mpesa paybill charges to the members of the public (the Safaricom clients’ customers).

    “It is the applicant’s contention that M-pesa Paybill services being an outsourced service to the 1st Respondent; the 1st Respondent has no authority to charge members of the public for a service offered to its contracting service recipients including banks,” he adds.

    He adds that Safaricom is acting as an agent in their role of collecting money from the consumers (the public) on behalf of the Banks and other parties mentioned in the petition and relaying the same to their bank accounts and mobile wallets. I further believe that M-pesa Paybill services being an outsourced service to Safaricom and the company has no authority to charge members of the public for a service offered to its contracting service recipients including banks.

    “If the Banks continue riding on this Mpesa Paybill infrastructure, making money from members of the public, then in the event that this honourable court finds this Mpesa paybill platform in contravention of the constitution and various statutory provisions, the impact will be higher; more funds from the members of the public would have been lost and it may be a lot more difficult to ask the banks to refund such funds collected from the members of the public,” he adds.

  • KRA Commissioner Doreen Ndombi Sabotaging President Ruto’s Tax Collection Agenda

    KRA Commissioner Doreen Ndombi Sabotaging President Ruto’s Tax Collection Agenda

    Rogue staff at the Kenya Revenue Authority Large Taxpayers Office are sabotaging President William Ruto’s demand that KRA must collect more taxes to actualize the Kenya Kwanza development agenda. Doreen Ndombi Mbingi, who heads the large Taxpayers Office in December demanded a bribe in millions of shillings from a large multinational company or she will not allow them to operate in Kenya. According to sources in the know, the company could only pay her USD 1 million. The money was to be divided between staff at the Large Taxpayers Office but Doreen Ndombi Mbingi kept it for herself without sharing it with officers from her department. This has led to bad blood with the affected officers confidently leaking reports of Doreen Ndombi Mbingi’s underhand dealings to the media and bloggers.

    Dr Ruto has set a new target to collect Sh4.8 trillion in tax revenue by June 2027, which portends an additional tax implication of Sh1.1 trillion on top of the National Treasury’s earlier projections amounting to Sh3.77 trillion for the same period. “This target, set by the president, won’t be achieved if the same tax payers are being asked for bribes, and when they pay one third of what’s been asked, the officers keep the money, but still refuse to give clearance for the companies to operate. She heads a criminal enterprise wing at KRA, and has misled the Commissioner General on so many occasions, creating a wedge and bad blood between tax payers and KRA” says a source who works at the same department. In a letter dated 5 December 2022, the Betting Control and Licensing Board suspended the licence of Blue Jay Limited, a company that had already adhered to all set regulations. “The reason why the licence was suspended is because they didn’t have KRA clearance. Doreen Ndombi Mbingi had asked for a huge amount of money to give them the clearance. The company only managed to pay one third of the amount demanded, and Doreen Ndombi Mbingi stuck to her ground saying uness the balance is paid, she will not give them the license. She further demanded for USD 5m from book makers SportyBet and upon failure to be bribed, she misled to BCLB canceling the license of a business which employs thousands of Kenyans and pumps millions into the Kenyan economy. The other money she demanded was from a multinational, Blue Jays owned by foreigners. “In the letter REF. BCLB 11/84 VOL. III (9) dated 28th November, 2022 the Board noted and appreciated the assurance you made in your response letter as it relates to timely implementation of daily remittance of taxes due to KRA. The Board therefore based on your assurance of total compliance was hopeful that the correspondence between the two entities was to be the last on the subject matter. The Board has however been informed that you are still not adhering to the daily tax remittance schedule as required. The Board, based on the above grounds has resolved in its Board meeting held on 5th December 2022 to suspend both your Bookmaker and Public Gaming licences for a period of fourteen (14) days with effect from the date of this letter until you prove compliance with the above directives.” reads the letter copied to the company CEO and also KRA. “It’s on Doreens insistence that the BLCB cancelled Blue Jays license unless the money she wanted was paid to her,” says a source privy to the deal gone sour.

    People at KRA are now a worried lot if president Ruto’s target will be met because of shenanigans from the head of the Large Tax Payers unit.

    Kenya’s annual debt servicing costs remain high – the National Treasury will spend Sh1.393 trillion to service debt by June – even as Dr Ruto pledges to go slow on borrowing, end subsidies, cut government spending and increase revenue collection to expand the fiscal space. What remains to be seen is if actually KRA will toe the line and do as the president demands or it will be business as usual where the likes of Doreen extorts millions from honest business people.
    “She is on the payroll of leadbookmaker to ensure all competition is extinguished so that they can thrive further. This has been noticed because she protects them from any form of audit despite the fact that other players are subjected to endless audits,” reveals our source.
    Her juniors at the Large Tax court Office are demoralised lot after they got to know that Doreen received the money but kept them out of the loop. Many are now asking for transfers from the Large Taxpayers Office. Sources from the department claims she has already received the second deposit of the bribe. “These games used to happen in the previous regime. There is a new regime and she doesn’t even seem concerned that Dr Ruto’s government has no time for such jokes,” says an insider who further reveals Doreen has been going around telling anyone who cares to listen that she has been promised the Commissioner General job once the current Commissioner Mburu has been kicked out.

  • Multimillion Kenya Ports Authority (KPA) insurance tender scandal involving Liaison Insurance Group.

    Multimillion Kenya Ports Authority (KPA) insurance tender scandal involving Liaison Insurance Group.

    One insurance tender fiasco no 037 of July 2022 is haunting outgoing MD John Mwangemi. The procurement unit prepared this controversial tender that saw the head of procurement appeal board intervene.

    Amb. John Mwangemi

    Facts emerging are that the procurement department was sidelined in the award that rested in the hands of the legal department then under Andrea Dena and that of finance manager during tender award.

    It should be noted that legal unit of KPA which has always had interest in thia tender pulled all stops even to the extent of leaking documents to some parties and case taking long with their preffered bidder, liaison having extensions.

    The tender did not proceed as indicated as the current bidder, Liaison insurance was pulling behind the scenes to ensure the specifications met his preference especially for the lucrative dollar accounts incorporating the general manager legal department. What remains was to get a favorable committee.

    While this as ongoing the draft document was leaked whereby all brokers and underwriters managed to get to know what was happening. The document was leaked from insurance office to some bidders who managed to share and go through it. It was then discovered that the document was tailor made to fit a certain firm and in this case, specifically tailored for Liason insurance.

    This firm has managed to capture the insurance wing at KPA. They control who gets tenders, especially in the High-Value Insurance. They’re assisted in this for the last six years by some three senior officers in the legal department name withheld. The tender document for upload to the portal was done around late October to close on November 4 2022. No sooner had the tender been uploaded than a flurry of queries flew in fast. Tender office was vindicated as most of the queries were of hoarding information by the user department.

    It is worth noting that the insurance unit that was formally in legal was moved to finance and the head of legal through the insurance officer overrides the manager commercial and insurance thus handling matters within his unit.

    Surprisingly, the responses governed by the insurance were done in the legal unit with a copy shared with Liaison Insurance. Word has it that Patrick Nyoike then KLA Finance Manager was to make a kill in the insurance tender.

    Some bidders are now contemplating going to the procurement tribunal based on the following reasons:                                            It’s all stated in a letter dated November 20 2022 from the principal officer of insurance submitted through the manager of legal services on December 15 2022 for payment of US 120,000as the variance of port liability for the year ending 2021 a day after submitting the tender report for insurance. Initially this was presented in June 2022 but couldn’t be paid. This is being pushed by the legal officer who was on tender committee and the insurance officer. It was a coincidence it happened that immediately the report was submitted, Liason insurance had been awarded most of the tenders and was still pushing for this particular one.

    If a re-insurer is not comfortable with the quotation that has been submitted by the winning underwriter, the committee should have requested to know if the quotation they gave as required in the tender originated from them. Further, a broker is not supposed to discount once a quotation has been given by the underwriter since all of them are given the same quotation. How come then in the final report some firms who seriously discounted their bids were awarded over five line items of the tender that is considered lucrative? What rationale was used, industry players are questioning.

    The broker’s price schedule for each policy is usually supported by a price quotation from the recommended underwriter which must be signed and stamped on each page. Only quotations accompanied by the underwriter’s quotations duly signed and stamped by the underwriter’s authorized official(s) are accepted.

    The final awards revealed some shocking details. Liaison got 18 out of 34 items and underwriter being Gemini’s Insurance whose fate in the market is currently worrying. How Liaison managed to ensure that they awarded Geminia this account which is currently held by Jubilee is the question. 

    During the opening, the procurement officer a Mr. Sugou read out all the prices to the bidders. Reason given for this was the habit of some brokers interchanging some prices with some committee members. On the final wards some bidders like Amana who were awarded group life for staff was not the lowest bidder. This account was removed from Liasion to Amana with underwriter as Britam.

    It should be noted that some family members of the deceased families have not been paid because of the undercutting or rebating by Liaison.

    Through the help of the purported PA to the MD Anderson Mtalaki, the letters of award were signed by the MD on December 24 2022 and sent out to the successful bidders on December 28 2022 to beat the 14 days window deadline before signing of contract. Information from legal which is currently preparing a paper for the MD is that in the case the award is appealed they should continue using the current providers whom they are claiming have experience in handling KPA matters.

    The evaluation of KPA insurance tender by KPA was done without the committee putting into consideration the reinsurance arrangements for the risks listed in place. 

  • Questions Raised Over Secret Reappointment Of Philip Mainga As KRC MD

    Questions Raised Over Secret Reappointment Of Philip Mainga As KRC MD

    The Board of Kenya Railways Corporation (KRC) quietly extended the term of managing director Philip Mainga, handing him a second three-year term before the end of the Jubilee administration. The unexpected extension has caused ripples in the corporation with allegations running back and forth that it was un procedural and more grave accusation that the board was bribed to see the re-appointment through, a norm in many state corporations.

    Mainga who many viewed as an Ardent Azimio supporters amongst corporation bosses mentioned to have oiled the unsuccessful Raila presidential bid, is lucky to have been reappointed to Run SGR at a time when Kenya Kwanza administration is streamlining the transport sector that has previously been marred with corruption by replacing the previous admin loyalists with their own.

    Questions are raised as to who the appointment was made despite the reports that majority of the board didn’t want him.

    According to reports, Staff morale is at an all-time low at Kenya Railways and the disturbed staff are now asking the president not to allow Mainga to have another term.

    Mainga, an ardent Azimio supporter has been fighting an underground war together with the board and some senior officials who didn’t like his leadership style and hate towards the current president, William Ruto.

    Mainga was lobbied to be the managing director by Kalonzo Musyoka and former prime minister Raila Odinga.

    The allegations against of bribery and corruption are subjects that should interest EACC.

    The extension will see Mr Mainga serve at the state corporation currently charged with effective management of the standard gauge railways (SGR) trains among other functions until 2026.Mr Mainga took over the job substantively in January 2020.Before then, he was the acting boss at the state corporation after the suspension of the former boss Atanas Maina in August 2018 on corruption allegations.

    The Managing Director Mainga executed a flawed deal with Africa Star Railways (Afristar), the Chinese operator for the SGR line, which ran largely unchecked where Kenya Railways lost up to Sh.1.4m daily. The contract was signed during Athanas Maina’s tenure and was initiated by Mainga himself.

  • Collapsing Harambee Sacco A Sinking Titanic

    Collapsing Harambee Sacco A Sinking Titanic

    Former financial giant Harambee Sacco Society Limited is fighting for survival following a rapid membership loss that has left it on the brink of collapse.

    In the last three years alone, they have lost over 17,000 members, leading to a Sh4.82 billion payout.

    This latest development comes in the backdrop of endless reports of mismanagement and fraud which threw the Sacco into disarray.

    The majority of its clients are drawn from the military, National Police Service, National Youth Service, national and county governments, parastatals and departments and constitutional bodies.

    Top executives led by Chief Executive Officer (CEO) George Ochiri as the Chief Executive Officer and Chairman Macloud Malonza have attributed the biting exits to retirements within the civil service cadres.

    Before his appointment as the Harambee Sacco CEO, Ochiri served as the former chief executive of the Safaricom Sacco.

    Its financial report for the year 2021 showed that ongoing departures are largely founder members who make up the most loyal segment of its membership.

    The records further show that the Sacco’s operation costs increased from Sh274.49 million to Sh2.166 billion in 2021 due to higher financial expenses and personnel expenses.

    However, its annual revenue for 2021 surged to Sh4.2 billion having recorded a 32 per cent growth attributed to an increase in loan uptake, while the firm disposed of assets to boost liquidity.

    The growth of members’ deposits and savings was hindered by almost equivalent withdrawals, where the society paid out a total of Sh1.42 billion to members who withdrew in 2021, compared to Sh1.32 billion paid to members who left the Society in 2020.

    For the year 2021, the loan book contributed to 81 per cent of the revenues, with loans and advances going up by 11 per cent from Sh21.87 to Sh24.38 billion in 2021.

    In 2017, Harambee Sacco Limited deficit before tax rose to Sh1.39 billion compared to Sh197.2 million surplus before taxation in 2016.

    Needless to say, the institution has regularly been in the cross-hairs of the Sacco Societies Regulatory Authority (SARSA).

    In 2012, a SARSA inspection found that the Harambee was in an acute liquidity crisis having failed to meet nearly all prudential parameters.

    They had a negative core capital and had material variances between the outstanding loan portfolio reports and provisions for loan losses, at the time.

    In 2015, an official at the Sacco was sent on compulsory leave while an interim audit of controversial expenditures and inconsistent questionable figures of Front Office Savings Activities (FOSA) loan totalling Sh3bn was underway.

    He was temporarily forced out just three days before the deadline for submitting reconciled FOSA loan report to SARSA.

    The audit targeted three lines of alleged cash fleecing conduit of imprest, I Owe You, a summary balance sheet detailing bank records of loans paid up in cash and a marketing vote.

    The Sacco management had committed to avail reconciled financial records particularly explaining inconsistent figures of the Sh3bn FOSA loan.

    In the past, Harambee Sacco Limited has been embroiled in controversies of massive financial scams and unresolved murders of senior officials.

    For instance, former Finance Manager, the late Benson Ojiambo, was murdered at point-blank range by a lone gunman in Embakasi, Tassia Estate along Outering Road on October 29, 2012.

    A week prior to his death, Ojiambo was set to appear before the Agriculture, Co-operatives parliamentary committee for questioning over the alleged financial scams, and massive fraud cover-ups as revealed in SARSA’s confidential report in 2012.

    The late Ojiambo was in charge of reconciling collections from the cashiers and ATM withdrawals with the computer entries and had prepared to present a report on the ATM scheme to the parliamentary committee.

    Ordinarily, SACCOs are allowed to borrow a maximum borrowing of 25 per cent of the total value of assets upon an AGM authorisation through a resolution by all members.

  • Kihika’s Husband Sam Mburu Aims For KPA Board Chair

    Kihika’s Husband Sam Mburu Aims For KPA Board Chair

    Samuel Mburu Kamau the husband of Nakuru Governor Susan Kihika is aiming to become the chairman of the board at Kenya Ports Authority according to the grapevine. The controversial businessman has reportedly been bragging to everyone who cares that he’s poised to be appointed to the board by President Ruto whom he claims to be enjoying close relations with.

    Mburu is also said to have been amongst the key financiers of Kenya Kwanza campaigns and is banking on this to be awarded with the lucrative position.

    It’s in the backdrop of this that Mburu has allegedly been using to lobby for jobs to his Landmark Freight Services Limited at the Mombasa port. Some disgruntled traders are alleging that he’s threatening to punish those who don’t want to use his company once he ascends to the position.

    In 2019, the businessman was under the Directorate of Criminal Investigations (DCI) radar for allegedly evading taxes totalling KSh 64 million. Mburu was accused of colluding with Kenya Bureau of Standards (KEBS) officials to undervalue goods imported from Dubai, United Arab Emirates.

    Fraud notice.
    Suspects.

    It is alleged that they tried to conceal import goods of nine containers of 20ft beach containing total 12060 of 20 litres Hayat palm olein brand of cooking oil, which was to attract tax of Sh6 million, by falsely declaring the said goods as machinery which attract lesser tax.

    Kenya Bureau of Standards inspectors Cornelious Mwanyamba Mwango and Frederick Cheruiyot Busonga are accused of unlawfully releasing uninspected and unverified 9 containers of 20ft, each containing a total of 12,060 jerricans of hayat palm olein brand cooking oil vide custom entry 2018NBI1629712 concealed as machinery.

    It is alleged that between the 25th of January 2018 and 29th day of January 2018,within the republic of kenya, being public officers employed by the Kenya Bureau of Standards as inspectors ,committed a breach of trust affecting the public by unlawfully releasing uninspected and unverified 9 containers of 20ft.

    Watene and Thuo Chuphi are accused connived to conceal consignment of imported goods by fraudulently declaring them as machinery an act intended to defraud the government of Kenya revenue.

    It is alleged that Samuel Mburu Kamau, George Gikaru Kamau ,Ibrahim Twahir Mohamed, Harrison Ngigi Muchiri, M/S Landmark Freight Services Limited, Wycliffe Lukalo Tradingas Gendipe Enterprises between 24th January 2018 and 29th January 2018, within Nairobi county, jointly with others not before court, connived to conceal consignment of imported goods to wit 9 containers of 20ft each containing containing a total of 12,060 jerricans of 20ltrs each of hayat palm olein brand cooking oil vide custom entry 2018NBI1629712 by fraudulently declaring them as machinery an act intended to defraud the government of Kenya revenue.

    The state also seized 400,000 bags of sugar from Landmark Freight Services that they had imported during the exemption period granted by the Treasury. This was on the suspicion that the sugar was poisonous and unhealthy for human consumption.

  • Oppo Kenya Fined Sh5M For Data Breach

    Oppo Kenya Fined Sh5M For Data Breach

    The Office of the Data Protection Commissioner

    (ODPC) has issued its first penalty notice against Oppo Kenya as a result of neglect and/or default to comply with an enforcement notice issued against it.

    ODPC on 3 November 2022 issued an enforcement notice against Oppo Kenya(“Company”) after it infringed on the privacy of a complainant by using their photo on the company’s Instagram account (stories) without the complainant’s consent.

    The penalty notice has been issued pursuant to Section 62 and 63 of the Data Protection Act, 2019 (Act) and Regulation 20 and 21 of the Data Protection (Complaints Handling Procedure and Enforcement) Regulations, 2021.

    Oppo Kenya has refused to co-operate with ODPC by among others; failing to adduce and/or develop a policy for compliance with Sections 37 of the Act, which provides that a person shall not use, for commercial purposes, personal data obtained pursuant to the provisions of the Act, unless the person has sought consent from a data subject or is authorized to do so under any written law.

    Oppo Kenya has also failed to adduce a data protection policy pursuant to the enforcement notice issued; and proof that it has developed an internal complaints mechanism to address data subjects’ complaints.

    Oppo Kenya is therefore, required to pay to the ODPC a penalty of Kenya Shillings Five Million (KES 5,000,000) pursuant to Section 63 of the Data Protection Act, and Regulation 20 of the Data Protection (Complaints Handling Procedure and Enforcement).

    Data Commissioner, Immaculate Kassait, MBS, in her remarks, has urged entities to comply with the Data Protection Act by implementing data protection principles and safeguards to all processing activities that relate to the collection, storage and other processing of personal data and sensitive personal data.

    “ODPC urges Data Controllers and Data Processors to ensure that the processing of personal data is in accordance with the provision of the Act. Failure to comply with the Act will result in instituting enforcement procedures,” she remarked.

    Regarding the compliance audit notice which was previously issued to the 40 Digital

    Credit Providers, ODPC wishes to notify the public that as of the deadline for submission of documents for the compliance audit, 18 out of 40 entities had responded to the letter from the Office by submitting documents for preliminary review.

    A comprehensive review of the documents submitted is currently ongoing.

    In its preliminary findings, the Office notes that majority of the Digital Credit Providers have more than one product mentioned earlier registered under one entity.

    Of the Digital Credit lenders that received a notice, 22 have failed to provide a response and notifications have been issued against them.

    More details will be issued once the investigation is concluded.

    Lastly, the Office notes that Aga Khan Hospital which had been issued an enforcement notice in October 2022 responded and is demonstrating compliance to the Data Protection laws.

  • Cyberthreat Cases Increased 7 Times During The Second Week Of December

    Cyberthreat Cases Increased 7 Times During The Second Week Of December

    A recently released study using aggregated data from Surfshark Antivirus shows that every 50th scan finds at least one threat. As the festive season shopping is picking up, Surfshark Antivirus reports a rise of 572% in cyberthreats in Kenya in mid-December. Kenya had a threat rate of 16 threats per 100 scan cycle. In the past two months, the most common threats in Kenya have been riskware and SPR.

    “The holiday shopping season leading up to Christmas is not only beneficial for the retailers but cybercriminals too,” – says Nedas Kazlauskas, Antivirus Product Owner at Surfshark. “People searching for gifts and deals online during the period of huge discounts are more likely to click on suspicious links, download malicious files, and infect their devices.”

    Kenya has experienced 572% threat rate increase during the second week of December. The five countries that suffered the highest threat rate spikes during this time (week-over-week) were Italy (166%), Indonesia (187%), U.A.E. (1173%), Romania (430%), and Kenya (572%).

    Europe has been the most affected region over the last couple of months

    Aggregated monthly data from Surfshark Antivirus shows that Kenya is the 2nd country by threat rate in Africa since the start of the monitoring period a month to Black Friday up to mid-December. On average, 4 threats are found per 100 scans in Africa. It is 74% less than the global average. Globally, Europe is the most affected region by cyberthreats (24% more than the global average).

    Most common cyberthreats since mid-October

    The most common threat types identified and flagged during Surfsharks’ Antivirus scans are riskware (45.4% of all threats), heuristic 13.2%), and trojan (8.7%). Since October 17th, the latest weekly global scans show that, on average, 10 RISKWARE threats were found per 100 scans. Some malware (viruses, trojans, worms, etc.) tend to multiply once they’ve infiltrated and infected a device and could cause damage to files, personal data, and operating software. The most likely malware type to be found in bundles is VIRUS. 31% of scans that detect viruses will detect more than 50 of them.

    Two of the most common cyberthreat categories are malware and riskware. Riskware is a program made without malicious intent but has security vulnerabilities that give it the potential to become malware. Malware is any software, product, or program created or installed onto a computer to cause harm.

    Hackers use malware to corrupt or delete files, steal money and personal data, copy passwords, or take control of specific programs. The most common ways for malware to be installed are phishing emails, corrupt attachments, suspicious downloads, unfamiliar links, and malicious websites. Malware comes in various types, such as viruses, trojans, worms, spyware, adware, bots, and more.

     

    Tips to protect yourself from threats online

     

    • Avoid unfamiliar sites: Steer clear of unknown or unvetted sites that offer discounts too good to be true.
    • Look for the lock icon: Make sure the website has a secure HTTPS connection. The lock icon in the address bar can identify them as legitimate sites.
    • Update your software: Ensure the programs and apps are up to date to avoid potential security breaches.
    • Steer clear of suspicious links: Scammers will send malicious links via email, mobile or social. Please do not click on them; instead, verify deals on a retailer’s official website.
    • Watch for typos: Inconsistent grammar, multiple typos, and strange phrases can indicate potential scams.
    • Use Antivirus: It offers real-time protection from same-day threats and advanced detection against malware and cyberattacks.
  • Probe Into Simon Gicharu’s MKU Sh1.2B Inflated Campus Purchase Deal Botched With Death Of VC

    Probe Into Simon Gicharu’s MKU Sh1.2B Inflated Campus Purchase Deal Botched With Death Of VC

    The demise of Masinde Muliro University of Science and Technology (MMUST) Vice-Chancellor (VC) Prof Frederick A.O Otieno abruptly ended the investigations by Ethics and Anti-Corruption Commission (EACC) that was looking into the allegations of fraud in inflated Sh1.2 billion campus purchase deal betweenMMUST and Mount Kenya University (MKU).

    Prof Frederick was accountable for the traction

    The commission had commenced investigations into the matter following a complaint that MMUST had purchased the MKU Turkana Campus at an exorbitant price of Sh1.2 billion yet the property was valued at Sh600 million.

    Investigations established that the acquisition was initiated through a letter dated March 17, 2016, by the Deputy Vice Chancellor of MMUST, Planning, Research and Innovation to the Cabinet Secretary of Education Science and Technology.

    Investigations by the EACC established that Commission of University of Education (CUE) approved the acquisition stating that it had already accredited the campus. The MMUST University Council also deliberated and approved the acquisition on June 17, 2017.

    Investigations revealed that the procurement procedure was not followed. It also revealed that Prof Frederick A.O who was the then VC over saw the irregular procurement and was a person of key interest in the investigation.

    On July 28, 2022, a report was compiled by the EACC team and forwarded to the Director of Public Prosecution (DPP) with a recommendation for closure of the inquiry file. The report further held that the VC (Prof Otieno) who would have been culpable for failing to adhere to the procurement law and regulations is deceased.

    The file was closed.

    Prof Otieno left office on December 1, 2018, amid a barrage of audit queries. He died in 2019.

    At the time of his death, the VC had an ominous dark cloud swirling above his head, including a damning report by the Auditor-General’s office alleging irregular expenditure of funds amounting to Sh362 million in the year to June 2016.

    In the Auditor-General’s, the deceased had accused MMUST of having entered into huge illegal contract variations, irregular procurement, failing to present cash books for an audit, and keeping cash unbanked and unaccounted for contrary to proper accounting procedures.

    Step Up Holdings

    Similarly, in its expansion strategy, MKU in a deal sewed up by Simon Gicharu has been embroiled in a land tussle with a firm Step Up Holdings that according to court documents, claim they were shortchanged.

    Apparently, MKU through Gicharu, allegedly entered into an agreement with Step Up in 2011 to set up a Nakuru campus mini wing in Kericho town but the owner didn’t measure up leading to a court battle in a supposed Sh511M botched deal between the two entities. Step Up ran the operations of the Nakuru Campus before the clash. This was a gentleman’s deal between the two entrepreneurs meaning it was all verbal.

    Step Up Holdings avers that a month after their verbal agreement, the university forced the firm to close the Kericho Campus leading to a loss of Sh953,881.

    The firm claims the university then “illegally took over” the campus by relocating 3,807 students and 295 staff to other premises. The court sided with Step Up Holdings and found the university liable for Sh511 million.

    MKU did not place a legal defence arguing the matter was for arbitration.

    In 2012, the Court of Appeal in Nakuru dismissed appeal attempt by MKU dismissing the appellants’ application for stay of proceedings pending Arbitration.

    “The background to the appeal is that, both the appellant and the respondent entered into a memorandum of understanding (MOU) containing an arbitration clause.” Court records show.

    However, Nakuru High Court judge Justice Hillary Chemitei allowed the university to file defence Sh511million dispute.

    “The interlocutory judgement entered against the applicant or defendant on November 17, 2011, is hereby set aside,” ruled Justice Hilary Chemitei.

    “The applicant shall within 30 days from the date herein deposit Sh511million in a joint interest-earning account in the names of both counsel for the applicant and the defendant pending the hearing and determination of the suit,” stated Justice Chetimei.

    The court also ordered Step Up Holdings to provide a Sh511million bank guarantee from a reputable within 30 days pending the hearing of the case.

    Provisions of the MoU cited by the university in its flopped attempt to push for arbitration that was dismissed by the Court of Appeal provided as follows:

    Settlement of Disputes

    • The Chairman of Mt. Kenya University(Simon Gicharu) and the Chairman of Step up Holdings retain the final say on any matter which calls for interpretation of this MOU and any other agreements related to or incidental to this MOU.
    •  The parties shall use their efforts to settle amicable (sic?) all the disputes arising out of or in connection with this agreement or interpretations hereof.
    • Any dispute, difference or question which may arise at any one time between the parties which cannot be settled amicably within thirty (30) days after receipt by one party of the other party’s request for such amicable settlement shall be referred to the decision of a single arbitrator to be agreed upon by the two parties or in default of agreement within fourteen (14) days of each party raising such disputes shall write to the Chairman of the Chartered Institute of Arbitrators, Kenya Branch in accordance with and subject to the provisions of the Arbitration Act, Cap 49 Laws of Kenya or any statutory Modification or re-enactment thereof for the time being in force.
    • Any party not satisfied with the Arbitration shall have the right to seek redress in a court of law.” The records show.

    Step Up Holdings is owned by Bernard Gikunda Mwarania.

    MKU is looking into expanding its branches across the EAC.

  • Blow To Safaricom Employee Who Was Diagnosed With Acoustic Disorder

    Blow To Safaricom Employee Who Was Diagnosed With Acoustic Disorder

    Ex-Safaricom employee Timothy Oluoch Deya who sued the telecommunications company for forcing him to resign out of hostile working environment has been dealt a blow by the High Court who ruled that Safaricom didn’t create the harsh environment after he failed to give evidence.

    The ex-Safaricom worker had sued for Sh1.09 million in salary in lieu of notice (of termination) and one year’s pay as compensation for unfair termination.

    Mr Deya resigned from Safaricom on September 28, 2016, on medical grounds, as he had contracted several complications from his initial deployment to the customer experience department.

    Deya told court that his employer created a hostile environment for him in order to coerce him into forceful resignation. His claim was based on the labour principle of constructive dismissal, in which an employer uses underhand tactics to force its worker to resign to avoid terminating the contract.

    Mr Deya claimed that he was constantly harassed when on sick off and that the redeployment offered was not genuine.

    He joined Safaricom in 2010 as a part timer but was offered a permanent and pensionable position in 2014.

    In 2015 he was diagnosed with acoustic shock disorder, a condition that has affected hundreds of Safaricom customer care agents, and carpal tunnel syndrome which Mr Deya argued was triggered by typing as part of his regular duties.

    He was also diagnosed with complex regional pain syndrome type 1 on his left hand.

    Mr Deya said in court papers that after being diagnosed with acoustic shock disorder, the clinic sent his medical report to Safaricom’s human resource department, which refused to share the document with him.

    Acoustic shock disorder (ASD) is described as an involuntary response to a sound perceived as traumatic (usually a sudden, unexpected loud sound heard near the ear) which causes a specific and consistent pattern of neurophysiological and psychological symptoms.

    These include aural pain/fullness, tinnitus, hyperacusis, muffled hearing, vertigo and other unusual symptoms such as numbness or burning sensations around the ear.

    The condition widely affected a section of Safaricom employees who were reportedly illegally laid off. The affected former employees took the firm to court and cases settled out of court. According to blog posts, condition came about from Safaricom procuring sub-standard headphones for call-center employees.

  • Kisumu County Manager Masterminded South Gem Poll Violence, DCI Says

    Kisumu County Manager Masterminded South Gem Poll Violence, DCI Says

    Trouble looms for Kisumu City manager Abala Wanga over the deadly chaos witnessed during the recent by-election in South Gem ward Siaya County. According to investigations into the matter by the Directorate of criminal investigation (DCI) who’ve recommended for his immediate arrest, Abala is believed to have been the mastermind behind the ugly scene in which several vehicles were pelted with stones during the fracas while another was torched during the incident which left 15 people injured.

    Investigations by the regional DCI positively linked Wanga to the violence and his file has fowarded to the office of Directorate of public prosecution(DPP), pending recommendations. Abala is a close confidant to the county’s governor Prof.Anyang Nyong’o.

    Two suspects found with crude weapons have already been arraigned in court.

    In the hotly contested by-election, Raila Odinga’s Orange Democratic Movement (ODM) party’s candidate Polycarp Wanga lost to independent candidate Brian Ochieng who took the seat.

    Abala is a brother to Polycarp. The DCIO has recommended he faces multiple charges as a key perpetrator of the violence that was witnessed on the day. The file has been submitted to the ODPP Siaya and direction to charge is being awaited.

    DCI letter to the DPP.
  • Why Organic Traffic Drops: 10 Main Reasons

    Why Organic Traffic Drops: 10 Main Reasons

    A steady drop in organic traffic in the website, be it an online store, a streaming platform, or the best betting company in Uganda, isn’t a reason to panic, but a reason to conduct a thorough analysis. This indicator is a key one for an online site that is focused on commerce. And therefore, it should be given due attention. If the number of live conversions for a long time (week, month) decreases by 15% or more, it’s necessary to look for the causes of the decrease in organic traffic for their further elimination. Ignoring the problem is impossible, otherwise you can remain without orders.

    What Is Organic Traffic?

    Organic traffic is the total volume of conversions to a site by visitors through an organic search engine. This means conversions to pages that are at the top of search engines due to high-quality SEO, but not due to advertising. For online stores, this indicator is key because it directly shows the potential number of customers interested in a particular product and ready to order.

    Decent organic traffic indicators can only be achieved through long-term work with SEO. High-quality optimization allows you to bring a page to the top of search engine results and keep it there for some time. As a result, an increase in the probability of clicks on it.

    The Main Benefits of Organic Traffic

    Optimizing a site for organic traffic has several advantages:

    ● Real customers. Search engines give users pages that satisfy their needs. Unlike advertising traffic, in the case of organic traffic, the probability of 100% hitting the target audience is higher.
    ● Stability. Even if the site’s position deteriorates and organic traffic decreases, the flow of customers does not stop completely. With advertising, it’s a little different: as soon as the advertising campaign is over, the number of visitors comes to naught.
    ● Improved brand reputation. Advertising is perceived by users as “paid content.” And search engine selections – as sites that can be trusted. Therefore, SEO promotion to attract organic traffic contributes to the creation of a positive reputation for the company, as well as forming a high trust in it from potential customers.

    Another important advantage of optimization for organic traffic is the conditional absence of costs. In this case, the customer doesn’t pay for advertising, clicks on links. Payment is made only for the work of SEO specialists.

    The Main Causes of Dropping Traffic and How to Solve Them

    Live traffic may drop due to a slight deterioration of the website position in search results. Such a process is normal and does not threaten the owner of an online store with “ruin”. But a steady decrease in such conversions, which can be determined with the help of Google Analytics and Yandex Metrika services, over a long period of time leads to a natural decrease in conversion and a decrease in profits. To solve such a problem must be resolved in stages. The first step is identifying the cause of the decline in organic traffic to continue to work with her. Most often, this deterioration is due to 10 factors.

    Change of Address

    The most obvious reason for the decrease in live traffic is a change in the URL of the site/page. This usually happens when the online store moves to a new domain. URL changes may occur due to massive redesign of the structure. This results in an error for the majority of indexed pages and a significant drop in your store’s position in the search results bar. Naturally, the number of clicks on a particular page decreases.

    The solution is 301 redirect. If you have already moved the site to a new address, use 301 redirect. It “tells” the search engine that the online store has permanently moved to a new address. In response the search engine redirects users to the specified link.

    Seasonality

    A drop in traffic can be perfectly natural and normal if the store sells seasonal items. It works according to a simple algorithm: if at a particular moment your products don’t interest users, then live traffic will decrease.

    All leading stores try to provide a wide assortment for sale that is relevant throughout the year.

    The solution is promotions. If you don’t have an opportunity to supplement your store’s assortment with year-round goods, then stir up the interest of potential buyers with seasonal sales, special offers.

    Search Engine Filters

    Google not only promotes quality services in the positions in extradition but also “chops” sites that use third-party manipulation to improve their performance. Search engine filters can be installed for the following reasons:

    ● Useless content. Page content must be relevant to them and relevant to visitors.
    ● Obtrusive advertising. Hidden content and overt advertising are taboo for search engines.
    ● Surge in conversions. Occurs, as a rule, as a result of buying clicks on third-party services.
    ● A large number of keywords. First, the keywords should be included organically and appropriately. Secondly, they should be contained in moderation.

    The solution is to fix the problem. To get rid of search engine filters, fix the problems identified by the system. For example, if the cause of the sanctions is overspam, then reduce the number of promoted occurrences on a particular page.

    Deterioration of Behavioral Factors

    Behavioral factors are a direct measure of how useful and necessary a particular site is for users. It’s a metric that includes all the actions of visitors:

    ● Section clicks.
    ● Appeals to the feedback form.
    ● Adding items to cart, etc.

    Accordingly, the fewer actions users perform in the online store, the worse the behavioral factors are and the lower the position of the site in search engine results.

    The solution is to improve your site. To encourage users to spend more time on the store and be more active, optimize its mobile version, add useful information, and make the snippet more attractive.

    Incorrect Internal Relinking

    Internal linking is important for the promotion of a site. This is especially true for Google. The basic rule is that the greatest number of promoted links led exactly to the important pages of the online store. These sections should be presented in the header, footer, sidebar or other prominent place. Also an important component is the sequence of transitions. Relinking should be built clearly, in stages.

    Check its quality, as well as compliance with the current requirements of search engines can be through SeRanking, NetPeak Spider, Ahrefs, or other services. Use the results of the check to eliminate a specific problem.

    The solution is the proper organization of the linking. Take the most important sections in the main menu (if this is not possible – put them in the basement of the site), adjust all the subsections correctly.

    Changing Search Engine Algorithms

    This cause occurs rarely but also has a right to exist. It comprises a sharp change in search engine algorithms, which leads to a deterioration of the positions of the online store. As an example, Google 2019 update, after which the traffic of all medical sites dropped sharply.

    To identify or rule out this reason for the deterioration of organic traffic, it’s necessary to:

    ● Keep an eye on search engine news. As a rule, all major changes are accompanied by announcements.
    ● Analyze your competitors. If the positions of your main competitors are decreasing similarly to yours, then most likely it is a matter of updating algorithms.
    ● The first step is the most important. It’s informational awareness that allows you to quickly adjust to new rules and change the site in accordance with them. The main thing is to study the information in official sources.

    The solution is adjusting to updated algorithms. Wait until a new effective method for promoting the site in accordance with the current search engine rules, and implement it.

    Development of Competitors

    If the competitors of your online store are actively optimizing, while you are cutting the budget for website promotion, it’s logical that they will manage to overtake you in the top of extradition. That’s why it’s important to conduct regular competitive analysis to determine the reason for the decrease in organic traffic.

    The solution is a stable budget for SEO. Forcing other online stores to freeze promotion, alas, is unrealistic. The only way out in the competition is stable and high-quality optimization of your own resource.

    Technical Deficiencies

    As a result of the completion of technical work on the site, the position of the latter may rush down. Most often this happens because:

    ● Incorrect redirection.
    ● Errors in robot.txt.
    ● Junk pages in the index.

    Some errors will cause positions of individual pages to deteriorate. Some of them (robot.txt) may cause your online store to drop out of indexation altogether. Therefore, before launching the site, you should conduct a thorough technical analysis. You can identify flaws through Serpstat, Ahrefs, and other services.

    The solution is fixing technical errors. With the help of specialized services identify technical problems and fix them.

    Incorrect Display of the Store Pages

    The beauty of web design doesn’t interest search engine algorithms. But the quality of page display has one of the main values in their promotion. Firstly, the design of the online store should correspond to its direction. Secondly, the design of the site should be convenient and understandable for users. And thirdly, the service must display correctly on all devices. Check the quality of its display can be checked yourself. To do this, enter the full address of the site in the search engine bar, click on the information triangle next to the snippet that appears, and then – on the “Saved copy”. This is where all the visual imperfections of the resource are displayed.

    The solution is to fix bugs in web design. Make the design comfortable for users, simplify the management system, set up the correct display of pages on all devices.

  • How Governor Kihika’s Husband Sam Mburu Colluded With Rogue Officials To Evade Taxes

    How Governor Kihika’s Husband Sam Mburu Colluded With Rogue Officials To Evade Taxes

    The trial of 11 people among them the husband of Nakuru Governor Susan Kihika over allegations of fraud has commenced with a Kenya Revenue Authority investigator narrating how they raided a premises and discovered imported goods that had not been declared.

    Patrick Mugambi, a KRA investigator told trial magistrate Zainab Abdul that he received intelligence report that there were some containers, whose contents had not been declared.

    The witness said he interrogated Simba System, which is used by KRA to verify details of an exporter or importer, and the description and quantity in the container being processed.

    He said he discovered the mis-declaration when he compared was contained in the system and physical forms.

    Mugambi said he questioned a number of staff involved and finally made recommendations to commissioner. He recommended some officials of KRA intelligence, Harry Thuo and Esther Maina to face disciplinary committee.

    The accused persons include Esther Wangui Watene, Ali Thuo Chuphi, Alex Maina Ndiritu, Cornelius Mwanyamba Mwango, Cheruiyot Busongo and businessman Samuel Mburu Kamau (Kihika’s husband).

    Others are George Gikaru Kamau, Ibrahim Twahir Mohamed, Harrison Ngige Muchiri, Ms Gendipe Enterprises and Wycliffe Lukaro trading as Landmark Freight Services Limited.

    The charges stated that they conspired to defraud the government of Sh6 million between January 24 and January 29, 2018.

    It is alleged that they tried to conceal import goods of nine containers of 20ft beach containing total 12060 of 20 litres Hayat palm olein brand of cooking oil, which was to attract tax of Sh6 million, by falsely declaring the said goods as machinery which attract lesser tax.

    Kenya Bureau of Standards inspectors Cornelious Mwanyamba Mwango and Frederick Cheruiyot Busonga are accused of unlawfully releasing uninspected and unverified 9 containers of 20ft, each containing a total of 12,060 jerricans of hayat palm olein brand cooking oil vide custom entry 2018NBI1629712 concealed as machinery.

    It is alleged that between the 25th of January 2018 and 29th day of January 2018,within the republic of kenya, being public officers employed by the Kenya Bureau of Standards as inspectors ,committed a breach of trust affecting the public by unlawfully releasing uninspected and unverified 9 containers of 20ft.

    Watene and Thuo Chuphi are accused connived to conceal consignment of imported goods by fraudulently declaring them as machinery an act intended to defraud the government of Kenya revenue.

    It is alleged that Samuel Mburu Kamau, George Gikaru Kamau ,Ibrahim Twahir Mohamed, Harrison Ngigi Muchiri, M/S Landmark Freight Services Limited, Wycliffe Lukalo Tradingas Gendipe Enterprises between 24th January 2018 and 29th January 2018, within Nairobi county, jointly with others not before court, connived to conceal consignment of imported goods to wit 9 containers of 20ft each containing containing a total of 12,060 jerricans of 20ltrs each of hayat palm olein brand cooking oil vide custom entry 2018NBI1629712 by fraudulently declaring them as machinery an act intended to defraud the government of Kenya revenue.

    The trial will proceed next year when second witness is expected to testify against the accused persons.

  • Corruption Allegations Rock LAPFUND Over Sh16B Bellevue Housing Project

    Corruption Allegations Rock LAPFUND Over Sh16B Bellevue Housing Project

    A whistleblower has petitioned the anti-graft agency to launch investigations into Sh16 billion corruption allegations at the Local Authorities Provident Fund (LAPFUND).

    The official who claims to be a senior officer at the authority petitioned the Ethics and Anti-Corruption Commission (EACC) Chief Executive Officer Twalib Mbarak over what he termed as irregularities in the tender process for a housing project at Bellevue, Nairobi, by the authority.

    The official, in his petition accused some senior members of the Lapfund board of influencing the inflation of the tender cost from Sh8 billion to Sh16 billion to allegedly factor in “kickbacks for a section of top management.”

    “From the onset, Lapfund had planned to execute the project within a budget of Sh8 billion, which has since been inflated and adjusted upwards to accommodate kickbacks for a section of the top management.”

    “Ultimately, the management passed the decision, albeit under pressure, to advertise the tender at a budget of Sh 12 billion, which is almost double the initial estimates of Sh 8 billion. The tender was advertised and closed on November 8, 2022,” the report says.

    In his petition to the EACC, the official who says he sits on the tender processing committee, urged the commission to intervene and stop the impending loss of members’ contributions amounting to Sh16 billion through irregular procurement being spearheaded by the Lapfund management.

    He alleges that Lapfund had moved to develop a property at Bellevue in Nairobi at a budget of Sh8 billion but under the influence of top management, the cost was inflated by Sh4 billion to Sh12 billion by the time the tender was advertised and closed in November last year.

    The tender bid was received with many bidders quoting between Sh8 billion to Sh14, with only three bidders quoting between Sh15 billion and Sh17 billion, he claims.

    He argues that the tender processing committee was pressured and intimidated by the CEO and a section of the board to disqualify successful bidders whose quotes were within the initial budget, a move that divided the committee.

    “From the above background, Sh16 billion, which accounts for over 30 per cent of the members’ hard-earned contributions, are on the verge of being lost through fraud and irregular tendering process. This is therefore to call upon the Ethics and Anti-Corruption to urgently look into the tendering process and subsequent award for the proposed mixed-use development on the plot at Bellevue and stop the impending loss of unsuspecting members’ fortunes before the tender is awarded and funds syphoned out,” he says.

    Lapfund, a State corporation, is a contribution scheme registered and regulated by the Retirement Benefits Act of 1997 and currently has an asset value of Sh52 billion.

    It caters for all employees of county governments and water companies, where members contribute 12 per cent while the sponsors contribute 15 per cent of the member’s gross salary.

     Currently, the authority enjoys a membership of over 60,000 members spread over all County Governments and Water and Sewerage Companies.

  • Elon Musk Could Be On His Way Out As Twitter CEO And He Asked For It

    Elon Musk Could Be On His Way Out As Twitter CEO And He Asked For It

    Elon Musk dropped a bombshell on Twitter users Sunday, launching a poll with a loaded question about his future at the social media platform.

    “Should I step down as head of Twitter?” he said in a tweet, asking them to weigh in on whether he should stay at the helm of the company he took over earlier this year in a $44 billion deal.

    “I will abide by the results of this poll, ” he added.

    Musk released the poll after admitting he made a mistake by enacting new restrictions that banned mentions of competing social media websites, including longstanding sites like Meta’s Facebook and Instagram.

    Upstart sites like Mastodon, Truth Social, Tribel, Nostr and Post were also included on Musk’s banned list, according to multiple news outlets, with Twitter users no longer able to link to those “prohibited” platforms.

    Twitter said it would temporarily suspend accounts that include the banned website links in their profile, including spelling out sites like “Instagram -dot- com.”

    However, other mainstream sites such as TikTok, LinkedIn and Parler were not mentioned on the blacklist.

    As of 9 p.m. EST (0200GMT), the poll had generated nearly 8.9 million responses, with the results to be tallied Monday morning.

    Responses were mixed.

    “Vote him out,” said user @crispylopes.

    “Twitter Needs you!” said user @cb_doge.

    Due to the controversy and backlash over the new website restrictions, Musk promised not to make any additional major policy changes until he received the results of the online survey.

    “My apologies. Won’t happen again,” he tweeted shortly before launching his 12-hour poll.

    “As the saying goes, be careful what you wish, as you might get it,” he added.

  • Senior KeRRA Officials Targeted By Anti-Graft Detectives

    Senior KeRRA Officials Targeted By Anti-Graft Detectives

    Fear has gripped a section of Kenya Rural Roads Authority (KeRRa) officials following reports that they’ve been marked for investigations by DCI and EACC over corruption allegations.

    This follows a tip off given by a Ruto allied MP who’s privy to the dirty dealings. The affected officials are said to have played a major role in bankrolling the campaigns of Azimio’s Raila Odinga in his unsuccessful bid. It is suspected the millions pumped into the course was proceeds from kickbacks from contractors.

    KeRRa Nyanza region’s boss Eng. Kenneth Ochieng and his Western chapter counterpart are said to be notorious and contributed handsomely to the campaigns of Azimio in a bid to  frustrate  President William Ruto and his allies ahead of the last general elections.

    Kenya Kwanza honchos are demanding that officers who demeaned Ruto in the campaigns should be kicked out and their placed be held by party loyalists.

    There are reports that detectives drawn from multi agencies are closing down on the corrupt officers. This operation extends to KeRRa branches countrywide and the nest is cast across key roads and construction agencies where corruption thrives.

    For instance, pressure is mounting on Kenya Rural Roads Development Young Director Wilfred Oginga who has been accused him of mincing millions of shillings at the parastatal. The pressure is calling for the involvement of EACC and Assets Recovery Agency to investigate Wilfred Oginga who has been in secret operation looting public funds and sponsoring politicians for tender deals. His dirty deals were exposed.

    Back to Kerra, the Nyanza’s boss Ochieng is being accused of unfairness in awarding tenders and is alleged to be notorious for locking out qualified contractors for cowboys contractors who gives the most in kickbacks.

    Speaking to journalists, the disgruntled contractors narrated how some politicians were dubiously awarded tenders as protection fee for the officers who are literally in a looting spree.

    Flames are up in the western part as well where in Bungoma the procurement officer Evans Barasa and his accountant Nelson Sino have reportedly been earmarked for arrest given their role in the irregular operations in the region that has been seen as a looting operation.

    Since the rumors of arrests hit the corridors, it’s said they’ve been in a rush to transfer their assets and emptying their bank accounts with the knowledge that they risk having their assets and accounts frozen once they’re charged. The transactions are being monitored according to reports.

    Barasa has accused disgruntled contractors who’re accusing of abuse of office and impunity of witch-hunting despite facts on the ground working against him.

    Among the complaints is that o22pc meant for constituency roads, 10pc of tenders are supposed to be awarded to youth and people living with disability however, the procurement officer has gone against the procurement rules to have his companies awarded road tenders meant for special groups.

    The companies in question are AfricaReage holdings Ltd, Kadenge Contractors, Leta Kenya and Timaka Ltd whose directors are close allies of Barasa, Kerra procurement officer.

    Barasa is also accused of demanding hefty kickbacks from bidders so that their companies would be favoured during the tendering process.

    Barasa is said to be working hand in hand with the region’s accountant Sino in awarding tenders dubiously. Locals are now requesting for a lifestyle audit on the notorious officials.

    Claims of nepotism have also rocked the western region where the director Jared Omondi, his deputy K’Otieno are both Luos. Sino the accountant and his assistant are both Luos as well and so is the ICT director Mr Jasper.

  • Ongwae Scandal: County Officials Conspired With Land Grabbers To Buy Non-Existent Sh34M Cemetery Land In Kisii

    Ongwae Scandal: County Officials Conspired With Land Grabbers To Buy Non-Existent Sh34M Cemetery Land In Kisii

    An investigation by a local daily has revealed an elaborate theft scheme that took place during the tenure of former Kisii Governor James Ongwae involving top county officials and land grabbers.

    According to the report, the former Kisii County Government administration may have spent Sh 34 million on a phantom project for the purchase a 20-acre piece of land meant for a cemetery and a dumpsite.

    investigations indicate that a man posing as the owner of the land used fake documents and duped officials of the county government to pay for the parcel of land in Nyatieko on the outskirts of Kisii town.

    Kisii County Land Registrar Steve Mokaya said some senior politicians and county officials may have colluded with land grabbers to illegally and forcefully acquire the piece of land, yet they knew there was a dispute over ownership pending in court.

    Kisii County lacks proper waste management system given lack of a dumpsite and designated cemetery.

    The land registrar stated that a former top county leader, a seating MCA, former and current senior county administration officials were part of the scheme that saw millions of shillings spent on the phantom project.

    According to Mr Mokaya, the said officials worked hard to cover up the ongoing litigation and purported to legitimise the land ownership before spending the money.

    Besides the ongoing court contest over the legal owner of the property, the county officials also ignored widespread opposition from the community that the site was not conducive for a dumpsite and cemetery because it is located within a school, a health facility and village residential homes.

    The land registrar noted that had the county intended to conduct the purported purchase above board, by now Kisii town residents would have started utilising the property and that the town dwellers could not be contending with streets full of garbage because there is nowhere to dump the trash.

    It is not clear when Mr Mokaya, who is the custodian of land matters in the county, discovered this but before the land in question was purportedly bought, he had defended the process.

    Mr Mokaya said the new Kisii County leadership should pick up the issue and determine whether the county lost money through fraudulent means where people knowingly spent money on a non-existent property.

    The 20-acre piece of land in Kitutu Chache South constituency was being purchased for an alleged dumpsite and public cemetery.

    When the county attempted to hive off 13 acres of the 20-acres of the land in order to set up the public cemetery, villagers came out in large numbers to resist the move.

    However, the protesters were met with menacing county askaris with the support of riot police who beat them up claiming the villagers were obstructing alleged development initiatives that was purportedly meant to benefit the community.

    At that time, the county was under pressure from the national government, which required that the devolved unit demonstrate that it had adequate space set aside for public cemeteries in preparation for a possible surge of deaths from the dreaded Covid-19 pandemic.

    Mr Mokaya named some top politicians, leaders in the county and a number of officials in the last and current regime as the principal culprits in the illegal sale.

    The MCA was a member of the land committee of the county assembly and was among those tasked to defend the property.

    The cemetery land dispute is just one of the many cases of land ownership wrangles in Kisii where double allocation, overlapping, forged title deeds among other issues reigns supreme.

    Ongwae’s corruption

    The former governor’s tenure was clouded with allegations of corruption.

    In the previous regime where Ongwae enjoyed the handshake immunity, Members of Parliament (MPs) allied to Deputy President (now the President) William Ruto called for the arrest and prosecution of Kisii Governor James Ongwae and his Nyamira counterpart John Nyagarama over corruption allegations that they claim is hurting the economy of Gusii region.

    MPs alleged that millions of money allocated for development in the two counties had been misappropriated through corrupt dealings by the governors and their county executives.

    MPs claimed that Ongwae’s cronies and relatives owned local companies under proxy accounts, which they used to tender, win and do ghost projects at the expense of honest suppliers and contractors.

    They also claimed that the county chief executives allegedly collude with procurement officers and the finance department, irregularly to scoop huge tenders worth millions of money.

    Already, the Director of Public Prosecutions Noordin Haji ordered the Ethics and Anti-Corruption Commission (EACC) to initiate investigations into a series of rip-offs in the county ranging from fraudulent procurement and hiring of staff, it is however unclear how far the cases have gone since the regime shift.

    Earlier this year, Ongwae was taken to court on allegations of corruption, money laundering and misuse of public funds.

    The suit emanated from a borehole the ex-governor allegedly sanctioned to be drilled at his rural home in Rioma, Nyakongo village, Kitutu Chache North constituency, using public money.

    The borehole, which cost Kisii County taxpayers Sh3.5 million, was drilled inside the homestead of Mr Ongwae, suit papers show. The case was filed by human rights activist Okiya Omtatah and now the Senator of Busia.

    In his application at the Milimani courthouse, Mr Omtatah claimed the matter was extremely urgent on the grounds that Mr Ongwae was about to leave office after serving 10 years and that he should be held accountable before vacating office.

    Mr Omtatah gave a detailed account of alleged theft of public funds by the governor and accused the EACC of failing to take action against him.

    He claimed the EACC received confidential information implicating the former Governor in alleged corruption and money laundering but instead of taking action, the officer who investigated the allegations was removed from Kisii and transferred to Bungoma.

    Mr Omtatah, who attached a slew of correspondence from members of the public to the EACC detailing the alleged corruption, claimed that the graft watchdog had refused to release information in their possession to show what action, if any, it had taken against Mr Ongwae.

    Personal gain

    In his petition, Mr Omtatah relied upon several letters delivered to the EACC pointing out that Mr Ongwae had allegedly privatised a publicly funded property for his own personal gain against the leadership and integrity clause of the Constitution.

    Mr Omtatah also attached several payment vouchers, expert reports on the borehole and complaint letters from the public, who demanded to know why the governor had spent public money to drill the borehole in his own homestead and not for the benefit of the public.

    In one letter dated April 27, 2020 and filed in court, one Thomson Kerongo, who represents the Rigena Human Rights Watchdog organisation, told the EACC that the ethics body had allegedly been compromised and that is why it did not investigate Mr Ongwae.

    Among documents filed in court is a sketch of the borehole, a map of the area and the site, solar connection documents, a certificate of analysis issued by the Kisii County government, the county’s department of Water and Sanitation, Kisii County, and payment receipts for project-related expenses.

    On money laundering, the petition states that a resident of Kisii filed a complaint at the EACC Kisii branch office over a suspected syndicate of money laundering involving Governor Ongwae in or about January and February 2019.

    The complainant stated that a phone number registered in the name of a woman that the Nation will not disclose at this time was being used in money laundering allegedly by the governor.

    The owner of the phone number is or was the wife of a county worker employed as a security warden, working at the governor’s residence.

    The number was in the custody of the worker and was allegedly used by him to carry out the governor’s dubious transactions.

    The EACC officer investigating the case recommended a lifestyle audit of the Kisii governor after getting an M-Pesa statement from Safaricom and through his forensic analysis.

    Shortly thereafter, the officer was transferred to Bungoma.

    Supporting Ruto

    Ongwae who enjoyed the handshake immunity and faced with a heap of corruption allegations against him, strategically jumped ships and dumped Raila Odinga as soon as he lost the election and shifted his allegiance to President Ruto perhaps with the hopes of enjoying the political shielding and escaping possible prosecution.

    Ruto claims in his reign there will be no sacred cows and only time will tell whether he’s willing to stand with his words on matters corruption. Will Ongwae and other suspected corrupt Kisii officials get away with it?

  • Wajir Governor Ahmed Abdullahi Offered Petitioner County Job To Withdraw Suit Challenging His Win

    Wajir Governor Ahmed Abdullahi Offered Petitioner County Job To Withdraw Suit Challenging His Win

    Wajir Governor Ahmed Abdullahi recently met with the NHIF chief executive officer Dr Hassan Adam, who is challenging his election saying August 9 polls were unfair.

    The court heard that the governor recently called for a meeting with Dr Adam through elders at a Nairobi hotel.

    “He (Mr Abdullahi) wanted to come to my office, l said we don’t meet in the office and we agreed to meet in a hotel at a specific time. I went there at the right time. He was late as l waited for half an hour. The governor came and was ready to accommodate me in his government,” stated Dr Adam.

    He added that since his appointment would require vetting, if it comes out that the governor is within the law in the appointment they would back the same.

    He was asked whether he negotiated with the Governor for the position of the Speaker of the County Assembly, the county secretary and County Executive Committee member for finance.

    IEBC chief executive Marjan Hussein Marjan. The High Court heard Marjan compromised a key witness in the Wajir gubernatorial election petition by offering him a top job at the polls agency.

    IEBC CEO dragged

    The electoral commission’s CEO Marjan Hussein Marjan was dragged into the case for compromising a key witness in the petition by offering him a top job at the polls agency, the High Court was told.

    Mr Adam’s lawyer Issa Mansour told the court in November that one of his key witnesses, Mr Abdullahi Muhamed, declined to appear before the court to testify on the malpractices that allegedly rocked the 2022 gubernatorial elections in Wajir County.

    Judge George Dulu heard that the witness was an agent for the petitioner, who vied for the county’s top job and came second.

    “IEBC CEO purported to offer this witness a job for six months from November 1, 2022, to May 31, 2023, as a director of Audit and Compliance. That offer was calculated in order the witness does not testify before the court,” the lawyer claimed.

    In the case, Mr Ibrahim Mohamud Abdurahman, who was a senatorial seat candidate on Kanu ticket in the county, was the first to take the witness stand and narrated how the electoral commission failed to use the Kenya Integrated Elections Management System (Kiems) kits on election day in the areas believed to be strongholds of Governor Abdullahi.

    “In the morning, the Kiems kit were functioning, but later in the day, the kits were not being used, especially in the constituency that is believed to be the stronghold for the elected governor,” the witness told the court.

    Kiems kits

    The witness further claimed that the Kiems kits were working in some polling stations but were not being used by the IEBC officers. It was also claimed that there were marked ballot papers in favour of Mr Abdullahi.

    The court heard that some ballot papers were marked at the governor’s compound and that the matter was reported to the police.

    “People were given double-marked ballot papers for the position of the governor and Wajir Central Constituency. Police officers in some wards failed to provide security, this led to low voter turnout in many of the regions,” the petitioner’s witness told the court.

    Mr Abdullahi was declared the winner of the gubernatorial election after garnering 35,533 against Mr Adam’s 27,224.

    Mr Adam alleges the election was not free and fair and did not meet the constitutionally acceptable threshold as it was marred by irregularities and violence.

    The petitioner says violence in Wajir East on the eve of the elections day was orchestrated to suppress the voter turnout.

    He adds that there were attacks across Khorof Harar ward that started a day before the elections and stopped after the elections.

    The violence, he added, hindered voting and led to polling stations being opened late.

    Mr Adam further argues that IEBC did not put in place mechanisms to ensure that the voters were biometrically identified before being allowed to vote for candidates in a number of polling stations in Wajir County.

    “The election for Wajir County governor was not conducted and carried out in accordance with the provisions of the Constitution, Elections Act or the Election General Regulations nor in accordance with principles laid down or any law relating to the conduct of elections. The election was also not conducted in accordance with the decision of the superior court on the conduct and management of elections, consequently, the incumbent governor was not validly elected as governor for Wajir County,” says the petitioner.

    He adds that he does not accept the counting and tallying of votes that were done by the IEBC because the process was marred with padding of votes, exaggeration of voter turnout, irregular and unlawful assisted voting and unlawful ejection of his agents from several polling stations in Wajir East and Wajir West constituencies. He also complains of intimidation and misinformation.
    The hearing continues.