TROUBLE AT NZOIA FACTORY

Thursday, March 24, 2005 11:03 AM

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BY LUKE KAPCHANGA DN WEBUYE KOMBO 24/3/2005

The minister for local government Mr Musikari Kombo has called for calm and order at the troubled Nzoia sugar company.

Mr Kombo commenting on the controversy between workers and management which led to the closure of the factory last week,said it requires sanity to reach a lasting solution.

The minister appealed to workers to give the board of directors amble time to sort out any differences they have with management but should not resort to industrial action.

Mr Kombo who is the Webuye Mp, which is part of the Nzoia outgrower sugar scheme said farmers are happy with the management because they have cleared the backlog of outstanding debts.

Addressing parents and students of Sitikho location schools, the minister defended the record of management for paying farmers for the delivered cane and clearing the 1999-2002 accumulated debt.

He said what is important to farmers is to have management which is responding to thier problems and called on workers not to misled other stakeholders and create confusion at the firm.

The Ford-K chairman denied having played any part in the appointment of Mr Josphat Akoyo as the managing diretor last year.

"I never prevailed upon the board of diretors to appoint the MD but we are impressed with his perfomance" he said .

The local leaders he went on, are satisfied with farmers payments which has been a headache for a long period.

He explained that the shs.300million released by the government last year was paid satisfactorily and the on going payment programme for delivered cane is within the stipulated 30 days waiting period.

The minister toured Muji, Milo , Sitikho, Mangana and Ngwelo secondary schools and Kakimanyi &Mukite primary schools were he promised to construct tuition blocks each using constituency development funds .

Workers at the company last week paralysed operations demanding the sacking of Mr Akoyo accusing him of harrasing and indimidating union officials.

The board chairman Mr Burudi Nabwera has defended the MD and dismissed the calls to have him removed.

Mr Nabwera said that Mr Akoyo has changed the fortunes of the company which was on the verge of colapsing due to coruption and mismanagement by former managers.

Farmers have joined the workers caling for the MDs removal saying that he has failed to clear the 1999-2002 accumulated debts.

Their representatives maintain that not all farmers benefited from the shs.300million because company employees tampered with the records leaving out most of them.

BURNT CANE AT NZOIA SUGAR FACTORY

Wednesday, March 9, 2005 9:28 AM

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BY  LUKE KAPCHANGA  DN/WEBUYE    NZOIA    9/3/2005
The Nzoia sugar factory has been closed down following unrest by cane cutters who are protesting the introductions of
contracts in the harvesting section.
The factory stoped operations on Monday when the demostrating cutters roughed up a company employee and set ablaze three
farms as they threatened to become more violent.
Factory manager a MR mulungwa is said to have told workers in the mill to have a rest while they are hoping that matters
were going to stabilise.
Mr Mulungwa is said to have gave instructions to close the mill to stave off the unrest and to re-open when the cutters have
accepted to be hired by sub-contractors.
The nation spotcheck found the cane yard empty with no transporting tractors where seen ferrying the harvested crop.
The cutters who are not direct employees of the company have vowed to distabilise the factory operations until managemnt
drops the idea of having them hired through contracts.
The cutters claim that they will be paid less if their services are hired by contractors compared to when they deal directly
with the company.
The companys unionisable employees are said to be suporting the cane cutters to scuttle the managements effort to
introduce the contract system in harvesting.
It is estimated that the company has incured losses by having 0ver 200hectares of cane burnt since announcing  of having cutters to be contracted
Most of the burnt cane is under age which can not be crushed as it does not produce sugar but
mollasses which is a bye-product.
Another blow to the management is that the burnt cane can not be harvested as the cutters are on strike so it rots on the farm.
Yesterday the managing director Mr Josphat Akoyo held consultations with top managers at the factory to get a solution to the
problem.
The MD was holed up in his office but not talking to outsiders and he refused to address the press.

TYPHOID OUTBREAK

Saturday, March 19, 2005 11:36 AM

BY LUKE KAPCHANGA DN/KIMILILI TYPHOID 19/3/2005

The ministry of water officials in Bungoma district are to blame for the typhoid outbreaks in secondary schools which has claimed the lives of two students.

The minister of trade and industry Dr Mukhisa Kituyi said the problem is caused by lack of rehabilitaion and cleaning up of treatment works.

Dr Kituyi who spoke after touring, Moi girls Kamusinga and Kimilili boys high schools complained that the clean up has been inasufficient for a long time affecting the quality and quantity of water consumption within Kimilili town.

"It is painful that within a short period when a similar outbreak was at Chesamisi another one is occuring which is water related" Dr Kituyi observed.
The minister who is the area MP told parents not to panick and remove students from the affected schools as the situation has been put under control.
The provincial medical officer western Dr Olango Onudi confirmed that the outbreak was typhoid and dispelled fears that it could be swamp fever.
Dr Onudi speaking at the Webuye sud-district hospital, said tests carried out on affected students shows that they consumed contaminated water.

The PMO said they are now monitoring water treatment daily which is consumed by the two schools, coming from one source at Kamutiong water suply.

He told journalists that the first casaulty was a girl from Kamusinga who died on 11 March and the second was a student of Kimilili boys who died on 17 March at Bungoma hospital.

The girl was identified as Lilian Simiyu form -3 while the boy was identified as Francis Mukhisa Kituyi form -4.

He said a total of 126 students have been treated fo the disease , 90 girls and 36 boys and clinical camps have been set up to detect any new cases.

The PMO explained that 9 students, 8 boys and a girl are stiil admitted at the hospital , 2 in serious conditions.

He also blamed the ministry of water which is supposed to ensure the safety and cleanliness of water consumption for not doing enough.

He defended the public health officials for failing to detect water contamination early because they do not laise with the officials from the ministry nof water.

Dr Onudi clariffied that a consignment of drugs had been sent from Nairobi to sumplement the hospital stocks.

He said earlier, the doctors were made to change drugs one after another because they had not identified the disease.

The Luyia and business

Monday, April 11, 2005 10:59

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BY LUKE KAPCHANGA DN/WEBUYE KITUYI 11/4/2005
Trade & industry minister Dr Mukhisa Kituyi has said that members of the Luyia community will remain poor if they do not change the attitude of being reluctant to venture into business.
Dr Kituyi observed that the community will always be labelled as producers of cooks and watchmen when they leave business opportunities slip away.
He complained that the people of Western province have taken poverty to be away of life and do not struggle to get out of it.

Addresing mourners at the burial of the late Samuel Wamalwa Wanyonyi at Chebukaka village in Sirisia constituency, Bungoma district , the minister challenged the youth to fight poverty like a disease.

He said the region was marginalised during the KANU governement and people thought poverty was part of them and to make money is like an accident.
"Our people have to raise up and fight poverty mercilessly like a plague to make money and develop the region" he remarked.
He told the people of the region to take a brake from political squables and concetrate on income generating projects which will change their living standards.
Dr Kituyi said the Luyias were not taking risks and are only waiting for the government sponsored projects to claim that development was coming to their respective areas.
"Development is not building of roads, schools, hospitals and supply of electricity only but is about involvement of local people to generate money", he said.
He gave the example of the community to two watchmen, one with shoes and another barefooted. He explained that the one with shoes will buy new ones when they get stollen yet the barefooted will never think of buying a pair because he is comfortble in that state.
He claimed the community was not being ambitious enough to participate in the global economy when the doors are open to third world countries.
The minister was accompanied by more than twenty councillors drawn from Bungoma, Trans-Nzoia ang Lugari districts .
Dr Kituyi appealed to the residents of the province to concetrate on development issues and leave politics to the next general elections in 2007.
"There will always be elections after five years in this country unless the military takes over, so people should waste time on politics every time they have the opportunity to address the public" he said.

He said elected leaders were dwelling much on politics to hide their failures in addresing peoples needs and ensuring that government services are delivered.

noco election

Monday, April 18, 2005 11:12 AM

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BY LUKE KAPCHANGA DN/WEBUYE ELECTION 18/4/2005
Former Webuye member of parliament Mr Joash Wa Mangoli has joined the race for the directorship of the Kenya Sugar Board to represent the Nzoia outgrower sugar scheme.

Mr Wa Mangoli is opposing the re-election of the outgoing diretor and also former MP Mr Saulo Busolo on grounds that farmers never benefited from KSB in the past three years.

Mr Wa Mangoli is the Nzoia outgrower company(NOCO) diretor representing district 4 and is upbeat that if elected payment for farmers will improve.
But as the list for the contenders keeps growing by the day farmers are suspicious of aspirants to KSB of people with tainted records, who are associated with corrupt deals in the sugar industry.
Mr Joshua Wepukhulu who is vying for the seat has called on farmers to reject contenders who served whether at Nzoia sugar company or NOCO in various capacities.
He claimed that this were the same people who colluded with corrupt managers to create suffering for farmers by taking loans on behalf of the institutions and failed to service them and leaving the burden to farmers.
He alleged that one of the aspirant imported heavy machinery over ten years ago while he was the chief executive of Nzoia sugar company which is a waste and can not be used.
He said the machinery which was valued at around 2 billion is lying idle at the factory yard and cost the company financial loss.
Speaking at Makhele market ,Mr Wepukhulu challenged former NOCO directors to explain to farmers on the loss of shs.11 million retetion money before seeking to represent them to other offices.
He claimed NOCO directors used farmers money without their knowledge to purchase a condemned house in Bungoma town at an inflated price and can not account for the loss of a tractor which disappeared at the company offices.
On his part Mr Busolo mantains that his record was clean because he tried his best to serve the farmers under difficult circumstances.
He said that the sugar industry is dogged with a multitude of problems and it requires a sober mind to settle them one by one.
He told farmers to be patient as he tries to look for the best formula to solve the problem on non-payment for the delivered crop at the factory and loss of records.
Mr Busolo called of farmers not to be misled about the role of KSB in the sugar industry because it does not deal with individual problems.
Mr Simon Maniafu a farmer defended the performance of Mr Busolo saying that his participation enabled Nzoia sugar company to get a bigger share of shs.300million to clear farmers debts.
He maimtained that no other factory recieved such a bigger amount to pay farmers and the credit should go to the area diretor of KSB for convincing the board aboiut the suffering of his people.
He accused local MPs, Mr Wafula Wamunyinyi of Kanduyi and Mr Sylivester Wakoli of Bumula for misleading farmers that Mr Busolo reduced the price of cane per done to punish them.
"The decision to lower cane price was collective after the KSB sanctioned its pricing committee were Mr Busolo is a member to come out with recomendations," Mr Maniafu said.
He accused the two Mps for goiung round the district to de-campaign the outgoing director mixing politics with sugar issues and inciting the farmers against him.
The other aspirants are Mr Lucas Watta, Sulleiman Murunga, Francis Wabuke,Mr Kikai Wa Mwanja and Mr Wilson Webi.

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doctors strike

Friday, April 22, 2005 4:40 PM

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LUKE KAPCHANGA DN/WEBUYE DOCTORS 22/4/2005
Ninety-one state doctors who are facing the sack have chance to defend themselves against accusations of taking on private patients.
Health permanent secretary Mr Patrick Khaemba said that the normal ministry procedure is to give everybody an opportunity to defend and clear his/her name.

"We have an appeals process for somebody accused to defend him/her self -and the displinary procedure occasionaly takes long," the PS said.

The government he cautioned is to to prosecute health workers who pose as ghosts and whose salaries has been stoped after discovery.
This , Mr Khaemba said is because of the reforms in the health ministry and despite the setbacks created by the impending sacking of doctors more are to be employed to ensure quality services are offered.
Mr Khaemba stated that the ministry had colaborated with the Public Service Commission before stoping the salaries of the affected doctors who faces dismisal.
But the PS was straight foward on the doctors chances of appealing not succeeding because most of them are guilty.
"Our investigations showed that most of them are guilty and knows it and can never dare to challenge the move," Mr Khaemba said.
Health minister Charity Ngilu has ordered inspectors to swoop on private clinics to flush out any state staff working there to face action.
Twenty -nine doctors facing displinary action were found to have taken other jobs while still in government services, and 62 had simply deserted their duties.
Speaking at the opening of Sirare health centre in Sirisia constituency , Bungoma district, Mr Khaemba warned that the government was not going to accomadate doctors and health staffs who cheat on them.
Once the ministry acertain that a doctor, or a nurse is cheating by spending working hours at their private clinics then they will not be spared he insisted.
The ministry he added, had already written to the affected doctors to show cause why they should not be displined after investigations were done.
He however noted that the ministry does not deny doctors to run private clinics if they accept to work for 8 hours in government hospitals.
The PS explained that the government has few doctors who are expected to over better services if they are to stay at their stations for 8 hours which is recommended.
He appealed to members of the public to report doctors and nurses seen at private clinics when they are expected to offer services at government hospitals .
He announced that free mosquito nets are to be distributed in all health centres in the fight against malaria and appealed to mothers to take children for immunisation.
Mr Khaemba who was accompanied ny the assistant minister for foreign affairs and area Mp Mr moses Wetangula , said that the nets are to benefit mothers who take children for immunisation only.
He also said that Hiv/Aids patients will soon start paying shs.100 to get Anti-Retrovirals because they spend a fortune to buy the drugs.

The government he stressed, was working hard to subsidise the cost of ARVS to benefit most of the victims who are poor and feel to have been neglected.

On staffing, he observed that a massive transfer is soon coming to move doctors and nurses to understaffed area of Western &Nyanza provinces.

The staffing imbalances the PS said is the cause of poor service delivery in the two provinces and this is being taken as a priority in the reforms .

security and police brutality

Tuesday, April 19, 2005 10:14 AM

BY LUKE KAPCHANGA DN/WEBUYE SECURITY 16/4/2005
Mr Wafula Murefu went to Webuye police station on January 5 to inquire about the mission and intention of a group of policemen who had gone to his home allegedly looking for suspected gangsters.

Unknowingly Mr Murefu who happened to be in the good books of the police, was told by the officer -in- charge that they were not aware if he is among those on the wanted list. But due to the tension following the cruelity of the gansters for raping women and seriously injuring an assistant chief the police politely requested Mr Murefu to wait while they consult others involved in the investigations.

Later it emerged that the Administration Police attached to the Webuye district officer had gone to Mr Murefus home after getting hint that one of the suspects in the terror attack was his friend and could be found at his home.
He was put in police custody to assist the police with investigations and have the criminals arrested.
Mr Murefu spent 16 days at the police station before appearing in court charged with robbery with violence and he has never been but to defence.
He appears in court at intervals to be reminded of his offence but is not sure when he will defend himself.
The Western Kenya Human Rights Watch now says police in the region are abusing the rights of the suspects by detaining them unlawfully and trump up fake charges.
Mr Job Bwonya the executive director of the lobby group says that in the study carried out from December to March has found that over 380 cases are of arbitrary arrests and victims are detained illegally.
The Director claims police were taking advantage of the current crime wave to abitrarily arrest anybody and fake unbailable charges against the person to extort bribes or torture the suspects to extract confesions.
The lobby group says police stations at Kakamega, Bungoma, Kitale, Busia Webuye, Mumias, Kimilili, Kapsokwony and Malakisi have in their custody suspects who were rounded up after violent raids and robberies but there is no incriminating evidence to take them to court.
The police is accused of being responsible of congestion in the local prisons and increasing arbitrary arrests in the region to coerce affected persons to give out bribes to buy freedom.
The law enforcencement agents are accused of not keeping records of those in the cells when they hold them for up to 20 days without going to court.
Mr Bwonya said that arbitrary arrests and long detentions in police cells are ways used to extract bribes from the suspects and those who fail to raise the demands are charged with trumped up charges which are unbailable but no evidence.
He said the police to rely on confidential informants to trace criminals and thier accomplices are not fool proof and are being abused to purnish the poor by the rich in society.
The police are under presure to proof that they are working hard to contain the spade of robberies as justification of arresting any body they suspect and also hold them in cells without appearing in court on time.
At the sametime members of the public also want to show that they are corporating by giving out names of suspects who could be thier rivals to punish them.
The official maintained that the informants may be themselves criminals or associates of the criminals or at times have personal differences against neighbours and have got a chance to settle the scores.
He claimed well -conected individuals are coloborating with the police to frame thier enemies with criminal acitivities and have them arrested but have no recourse for justice.
He alsoexpressed fear that informants may trade the information for money and they are likely to exploit the situation to commit crimes themselves.
The police are flouting the Universal Declaration of HumanRights article 11, paragraph 1 which reads," Everyone charged with a penal offence has the right to be presumed innocent unti proved guilty according to the law in a public trial at which he has had all the guarantees for his defence".
With the crime wave on the increase and the police being constantly put on the spotlight by the public who accuse them of colluding with the thugs in the robberies, the police are not taking chances when following up tips leading to the arrest of suspects.
One of the informants at Webuye who declined to be named , accused the police and senior provincial administrators for colluding with gangsters and use intellengence reports to assist them to avoid arrest.
The informant who had prepared 65 names of suspected criminals in Webuye and the profile of their activities claimed that those who were released on bond after appearing in court have connections with people in charge of security.
He claimed further that one suspect who was arrested after public outcry and is out on bond is a business associate with an adminstrator in Bungoma district were they supply waste paper from Uganda to panpaper mills.
After the arrest of the suspect family members are not immediately told of the where abouts of their relative nor the reasons for the arrest.
A suspect who spent 2 weeks at the Webuye police station before appearing in court, had his family confused and left in desperation when there was no correct informantion on his arrest.
Finally when he appeared in court charged with being linked to robbers with 2 others the court gave him the option of shs.100,000 bond each or be remanded.
The family urge that because they are poor, he was remanded while his co-accused were released after raising the money for the bond but are convinced there is no evidence to confict him of the offence.
The court ask for the land title deed or motor vehicle log book as guarantee for the bond and those able to get them are freed and if they happen to be hardcore criminals then insecurity is not on the decrease when they are out.
According to the HumanRights group the police are failing to inform the suspects of their crimes when being arrested and the charges which are to be preffered upon them.
Mr Bwonya said that the law enforcement agents while exercising their powers to arrest should inform promptly and in detail of the charge against the accused.
The International Covenant on Civil and Political Rights,.article 9, paragraph 2 states" Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be informed promptly of any charges against him".
The police were accused of failing to carry out exhaustive investigations in the fight against violent robberies by depending on volunteered information by members of the public which may be maliciuos and at times incorrect.
The purpose of investigation of a crime is to gather evidence, to identify the presumed author of the crime and to present evidence before the a court so that guilt or innocence may be decided.
The fundamental principals derived from international humanrights standdards are for presumption of innocence, entitlement to a fair trail and respect for the dignity, honour and privancy of all persons.
The Bungoma police boss Mr Chris Kago while addresing residents of Ngwelo market on January 14 after they were terrorised by armed gangsters said that they should be frank to expose those behind the crime so that they are taken to court.
Mr Kago was emphantic that no suspect criminals who were in police cells then will go to court unless there was overwhelming and incriminating evidence to confict them is produced by the public.
The OCPD said the police was solely going to depend on information given by the public to fight insecurity and it was upon the residents to participate in colluding with police to give tips on hideouts of the criminals.
The deputy police boss Mr Nelson Okioga dismissed the allegations by the humanrights lobby group on arbitrary arrests as baseless and likely to cause confusion in their fight to curb rising insecurity within the area.
"Police do not hold suspects for more than necessary, if we keep him or her for more than 14 days then there has to be a reason", he said.
Mr Okioga accused the Bungoma based human rights groups for being arrogant and behaving like investigators and in the process interfere with police work.
He complained that the rights activists want to control the police on how investigations should be done when they are not trained in that field.
On releasing suspects on bond, he said that it was the dicreation of the court to give out bonds to the accused and police have no say on the issue.
He said police should not be blamed for issuance of bonds because their duty is to take the suspects to court when there is enough evidence according to the charges.
Trade & Industry minister Dr Mukhisa Kituyi and his local government counter part Mr Musikari Kombo have supported the crackdown on criminal activities in the area saying the government has the capacity to curb rising crime wave .
The ministers have told the police not to release on bond any of the suspects arrested in connection with the raids which have claimed several lives in the district.
Speaking at Naitiri, two weeks ago Dr Kituyi said "the government has the capacity programme & intention to deal sufficiently with the spade of voilence particularly in rural areas".
He said all those rounded up for being key suspects should remain in custody to curb any criminal activities.
While Mr Kombo addressing the public at Muliro gardens in Webuye town appealed for area residents to volunteer information on gangsters saying they are brothers and husbands of those complaining about insecurity .
He said those involved in crime are relatives and friends of the victims as they spy on them during the day and turn against them at night.
"We have to be bold enough to expose the criminals in our midst because they are our children and friends to fight insecurity,".Kombo remarked.
There is concern that those arrested for being suspects with thuggery are not going to get fair trail.
The police are being seen as flouting the ethical rules governing investigations into crimes commited by persons.

Human rights protection demands that for a person to recieve a fair hearing of any charges against him or her, the entire investigation into the crime leading to the charges must be conducted in an ethical manner and in accordance with the legal rules governing investigations.