Should salt producing companies pay levies for the enormous amounts of sea water they use in the production of salt?
This is the question three companies, popular with their table salt brands, want the courts to determine.
This is after the Water Resources Authority (WRA), formerly known as Water Resources Management Authority (Warma), demanded that they pay hefty amounts for use of sea water to produce the salt.
WRA is demanding from Krystalline Salt Ltd Sh2.07 billion, Malindi Salt Works Ltd (Sh7.56 billion), and Kensalt Ltd (Sh270 million) plus interest.
The Water Act of 2002 and the Water Management Resources Rules of 2007 vested WRA with the power to issue water permits and charge for water use.
The Act was repealed and the new Water Act of 2016 came into force on April 21, 2017. WRA’s functions remained the same and only its name changed.
The charges being demanded from the three companies are for varied periods, for each of the company, but cover between October 2007 and March 2017.
WRA argued, in the cases that were separately brought against it by the companies, that it had made several efforts to have them settle their debts in vain, prompting the Authority to estimate the amount due.
Through Legal Notice No. 171 of 28/9/2007, water use charges were gazetted requiring water users to pay to WRA 50 cents/m3 for the raw water they got for their use with effect from 1/10/2007.
Under Rule 104(2), the accounting period for the charges is quarterly and payments ought to be made by the 15th day of the next month after every quarter.
Following the gazettement, the companies were under an obligation to pay for the raw water they used for the commercial production of salt at the rate of 50 cents/1m3 from 1/10/2007.
The firms are required to submit a self-assessment form indicating the actual water used to enable WRA calculate the charges due.
“Due to Malindi Salt Works’ failure to submit self-assessment forms indicating actual water used, we have been compelled to estimate the amount of water they used in order to calculate the charges owing and due to us from them,” said WRA in court papers.
The Authority’s determination to collect the amounts due has also been bolstered by a favourable verdict in April this year where High Court Judge Kossy Bor directed Krystalline Salt to settle the amount.
Krystalline Salt, however, got a temporary reprieve after Court of Appeal Judges Philip Waki, Roselyn Nambuye and Agnes Murgor stopped WRA from demanding the amount pending the hearing and determination of the appeal.
In obtaining the stay on November 9 this year, the company was directed to deposit a security of Sh100 million by January 2019.
On February 22 this year, High Court Judge James Otieno Olola also stopped WRA from demanding Sh270,295,759.90 from Kensalt Ltd, to allow the company argue its case before the Supreme Court.
Kensalt Ltd seeks to demonstrate that sea water is not regulated under the Water Act in the manner suggested by WRA and the firm does not require a permit for the use of the sea water.
“The absence of the term sea water in the express definition of “water resource” under section 2 of the Act is a clear indication that it was plainly not the intention of the legislature to define sea water as a water resource,” Kensalt Ltd argued.
The firm averred that the National Land Commission has exclusive jurisdiction over sea water falling within the territorial sea and the exclusive economic zone.
However, Supreme Court Judges Mohamed Ibrahim, Jackton Ojwang, Smokin Wanjala, Njoki Ndung’u and Isaac Lenaola ruled that they found no situation that prevents Krystalline and Malindi Salt Works from setting down their own cases for hearing and determination, possibly lodging appeals thereafter, in the event of unfavourable outcomes.
They reasoned that there were no orders stopping the cases filed in the other courts, where these companies have their cases pending.
They also noted that the two had made no attempts to have their cases heard jointly in the courts below and there was, therefore, no basis to consolidate the cases in the highest court.
“Indeed, a genuine concern on their part for an opportunity for a hearing should have led the applicants, at the very beginning, to seek a consolidation of their cases at the court of first instance,” observed the judges in their August 31, 2018 judgment.
They summarised by stating that they are not convinced that there is a prejudice that Krystalline and Malindi Salt Works stand to suffer in the Supreme Court, but which they would not have suffered in the other courts. With the verdict, the companies’ fighting chance now depends on how they will individually present their cases against WRA before different courts.
Public officers above 58 years and with pre-existing conditions told to work from home: The Standard
Head of Public Service Joseph Kinyua. [File, Standard]
In a document from Head of Public Service, Joseph Kinyua new measure have been outlined to curb the bulging spread of covid-19. Public officers with underlying health conditions and those who are over 58 years -a group that experts have classified as most vulnerable to the virus will be required to execute their duties from home.
However, the new rule excluded personnel in the security sector and other critical and essential services.
“All State and public officers with pre-existing medical conditions and/or aged 58 years and above serving in CSG5 (job group ‘S’) and below or their equivalents should forthwith work from home,” read the document,” read the document.
To ensure that those working from home deliver, the Public Service directs that there be clear assignments and targets tasked for the period designated and a clear reporting line to monitor and review work done.
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Others measures outlined in the document include the provision of personal protective equipment to staff, provision of sanitizers and access to washing facilities fitted with soap and water, temperature checks for all staff and clients entering public offices regular fumigation of office premises and vehicles and minimizing of visitors except by prior appointments.
Officers who contract the virus and come back to work after quarantine or isolation period will be required to follow specific directives such as obtaining clearance from the isolation facility certified by the designated persons indicating that the public officer is free and safe from Covid-19. The officer will also be required to stay away from duty station for a period of seven days after the date of medical certification.
“The period a public officer spends in quarantine or isolation due to Covid-19, shall be treated as sick leave and shall be subject to the Provisions of the Human Resource Policy and procedures Manual for the Public Service(May,2016),” read the document.
The service has also made discrimination and stigmatization an offence and has guaranteed those affected with the virus to receive adequate access to mental health and psychosocial supported offered by the government.
The new directives targeting the Public Services come at a time when Kenyans have increasingly shown lack of strict observance of the issued guidelines even as the number of positive Covid-19 cases skyrocket to 13,771 and leaving 238 dead as of today.
SEE ALSO: Working from home could be blessing in disguise for persons with disabilities
Principal Secretaries/ Accounting Officers will be personally responsible for effective enforcement and compliance of the current guidelines and any future directives issued to mitigate the spread of Covid-19.
Uhuru convenes summit to review rising Covid-19 cases: The Standard
President Uhuru Kenyatta (pictured) will on Friday, July 24, meet governors following the ballooning Covid-19 infections in recent days.
The session will among other things review the efficacy of the containment measures in place and review the impact of the phased easing of the restrictions, State House said in a statement.
This story is being updated.
SEE ALSO: Sakaja resigns from Covid-19 Senate committee, in court tomorrow
Drastic life changes affecting mental health
Kenya has been ranked 6th among African countries with the highest cases of depression, this has triggered anxiety by the World Health Organization (WHO), with 1.9 million people suffering from a form of mental conditions such as depression, substance abuse.
Globally, one in four people is affected by mental or neurological disorders at some point in their lives, this is according to the WHO.
Currently, around 450 million people suffer from such conditions, placing mental disorders among the leading causes of ill-health and disability worldwide.
The pandemic has also been known to cause significant distress, mostly affecting the state of one’s mental well-being.
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With the spread of the COVID-19 pandemic attributed to the novel Coronavirus disease, millions have been affected globally with over 14 million infections and half a million deaths as to date. This has brought about uncertainty coupled with difficult situations, including job loss and the risk of contracting the deadly virus.
In Kenya the first Coronavirus case was reported in Nairobi by the Ministry of Health on the 12th March 2020. It was not until the government put in place precautionary measures including a curfew and lockdown (the latter having being lifted) due to an increase in the number of infections that people began feeling its effect both economically and socially.
A study by Dr. Habil Otanga, a Lecturer at the University of Nairobi, Department of Psychology says that such measures can in turn lead to surge in mental related illnesses including depression, feelings of confusion, anger and fear, and even substance abuse. It also brings with it a sense of boredom, loneliness, anger, isolation and frustration. In the post-quarantine/isolation period, loss of employment due to the depressed economy and the stigma around the disease are also likely to lead to mental health problems.
The Kenya National Bureau of Statistics (KNBS) states that at least 300,000 Kenyans have lost their jobs due to the Coronavirus pandemic between the period of January and March this year.
KNBC noted that the number of employed Kenyans plunged to 17.8 million as of March from 18.1 million people as compared to last year in December. The Report states that the unemployment rate in Kenya stands at 13.7 per cent as of March this year while it stood 12.4 per cent in December 2019.
Mama T (not her real name) is among millions of Kenyans who have been affected by containment measures put in place to curb the spread of the virus, either by losing their source of income or having to work under tough guidelines put in place by the MOH.
As young mother and an event organizer, she has found it hard to explain to her children why they cannot go to school or socialize freely with their peers as before.
“Sometimes it gets difficult as they do not understand what is happening due to their age, this at times becomes hard on me as they often think I am punishing them,”
Her contract was put on hold as no event or public gatherings can take place due to the pandemic. This has brought other challenges along with it, as she has to find means of fending for her family expenditures that including rent and food.
“I often wake up in the middle of the night with worries about my next move as the pandemic does not exhibit any signs of easing up,” she says. She adds that she has been forced to sort for manual jobs to keep her family afloat.
Ms. Mary Wahome, a Counseling Psychologist and Programs Director at ‘The Reason to Hope,’ in Karen, Nairobi says that such kind of drastic life changes have an adverse effect on one’s mental status including their family members and if not addressed early can lead to depression among other issues.
“We have had cases of people indulging in substance abuse to deal with the uncertainty and stress brought about by the pandemic, this in turn leads to dependence and also domestic abuse,”
Sam Njoroge , a waiter at a local hotel in Kiambu, has found himself indulging in substance abuse due to challenges he is facing after the hotel he was working in was closed down as it has not yet met the standards required by the MOH to open.
“My day starts at 6am where I go to a local pub, here I can get a drink for as little as Sh30, It makes me suppress the frustration I feel.” he says.
Sam is among the many who have found themselves in the same predicament and resulted to substance abuse finding ways to beat strict measures put in place by the government on the sale of alcohol so as to cope.
Mary says, situations like Sam’s are dangerous and if not addressed early can lead to serious complications, including addiction and dependency, violent behavior and also early death due to health complications.
She has, however, lauded the government for encouraging mental wellness and also launching the Psychological First Aid (PFA) guide in the wake of the virus putting emphasis on the three action principal of look, listen and link. “When we follow this it will be easy to identify an individual in distress and also offer assistance”.
Mary has urged anyone feeling the weight of the virus taking a toll on them not to hesitate but look for someone to talk to.
“You should not only seek help from a specialist but also talk to a friend, let them know what you are undergoing and how you feel, this will help ease their emotional stress and also find ways of dealing with the situation they are facing,” She added
Mary continued to stress on the need to perform frequent body exercises as a form of stress relief, reading and also taking advantage of this unfortunate COVID-19 period to engage in hobbies and talent development.
“Let people take this as an opportunity to kip fit, get in touch with one’s inner self and also engage in reading that would help expand their knowledge.