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Two retired Kenyans in fight for embassy jobs

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By CHRIS WAMALWA
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Two former employees of the Kenyan embassy in Washington, DC have accused the ambassador to the US, Mr Robinson Njeru Githae, of wrongfully dismissing them from the consulate.

In an exclusive interview with the Nation and in a letter addressed to the Permanent Secretary in the Ministry of Foreign Affairs, Mr Jafred Musamba and Mr Joseph Asweto argue that their two-year contracts have not expired.

In the letter to ambassador Macharia Kamau, they ask the ministry to intercede so they are reinstated.

In termination letters issued on August, 24, 2018, the embassy says the two were dismissed after attaining retirement age.

“Records held in this office indicate that you attained the retirement age of 60 years on January 1, 2015. In accordance with Section D.21 of the Human Resources Policies and the Procedures Manual for the Public Service and Local Staff Regulations, one is required to retire from the service on attainment of the retirement age,” the letters seen by the Nation state in part.

The complainants, however, denied the embassy’s claim that they were fired because they reached age 60, saying 65 is the official age of retirement.

They did not deny that they are at least 60 years old. In this claim, they seem to be using the US retirement requirement, whose age is 65.

The complainants say: “In any case, our contracts bear no clause stating the retirement age. The embassy has therefore violated the two-year contracts which expire in October, 2019, by summarily firing us as if we had committed a criminal offence.”

Mr Musaba and Mr Asweto, who were hired locally, further argue that the ambassador used civil service policy manuals to get rid of them yet they are not civil servants.

Reached for comment, ambassador Githae dismissed the claims and insisted that the embassy did contravene any contractual agreements with the two.

“The truth is that the people we let go, including the two gentlemen, were supposed to have retired a long time ago. In fact, Mr Asweto came here after retiring from the civil service at home so he should be enjoying his retirement benefits,” he said. 

Mr Githae further said the US State Department recently issued a memo requiring all embassies and commissions accredited to the US not to employ local staff for more than five years.

Foreign missions apparently have two categories of employees— those from the Ministry of Foreign Affairs headquarters in Nairobi and others seconded from key ministries, and those sourced locally.

Mr Musumba, Mr Asweto and another female employee, who were axed recently, are those who were sourced locally.

Mr Githae said: “As you may already know, apart from attaining the retirement age, the two gentlemen were also the longest serving. It was only fair to start from the top down.”

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The ambassador also dismissed claims by the two that he fired them in order to employ his relatives, noting that their positions are being advertised openly.

“If you go to our website, you will see their positions advertised. We will conduct a fair and open recruitment process for these positions,” he said.

Asked whether they sought legal counsel, Mr Musamba and Mr Asweto said they wanted to bring the issue to the attention of Mr Kamau in Nairobi first.

“First of all, we are appealing to the ministry headquarters to intervene before it goes that far. Secondly, we need to be heard, especially by the ministry headquarters, which should come to our rescue because we did not deserve this. Even if it was a normal retirement, there’s always a notice to retire in a year. This was not followed,” Mr Asweto said.

Regarding notices of retirement, ambassador Githae said he issued a memo alerting the two of their impending retirement in July.

The complainants had worked at the embassy for more than 20 years.

There seems to be discrepancies in the terms of locally engaged staff at the Kenya mission to the UN in New York and the embassy in Washington, DC yet both are funded by the same government.

It’s believed that the retirement age factored into the contract for locally engaged staff at the Kenya mission to the UN in New York is officially 65, with the possibility of a three-year extension to 68. The staff at the mission also have a 13-month bonus pay.

The package was negotiated by Mr Kamau during his service there, prior to his appointment as PS.

Mr Musumba said: “My prayer is that the ministry will look into this matter and offer us a possible life line to allow us to retire honourably. I also pray that the ministry will find a way to harmonise the terms of locally engaged staff at the Kenya mission to the UN, the embassy in Washington, DC and the consulate in Los Angeles to prevent similar cases.”

The embassy is currently embroiled in controversy over the issuing of identity cards (IDs).

There were claims that ambassador Githae had been out-sourcing the issuance of identity cards to a private contractor, yet this work has always been done by embassy staff.

In a recent ID issuance exercise in Atlanta, many Kenyans were charged almost double and when they inquired, they were told that the rest of the money went to the contractor.

Regarding this allegation, Mr Asweto said: “It’s purely illegal. The way it is being done is illegal and should be stopped forthwith. The ambassador was advised by some of his senior staff at the embassy not to do it but he didn’t listen.

In his phone interview, Mr Githae reiterated that the claims were false and said the embassy resorted to working with a contractor because it was cheaper and the consulate did not have enough manpower.



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Sordid tale of the bank ‘that would bribe God’

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Bank of Credit and Commerce International. August 1991. [File, Standard]

“This bank would bribe God.” These words of a former employee of the disgraced Bank of Credit and Commerce International (BCCI) sum up one of the most rotten global financial institutions.
BCCI pitched itself as a top bank for the Third World, but its spectacular collapse would reveal a web of transnational corruption and a playground for dictators, drug lords and terrorists.
It was one of the largest banks cutting across 69 countries and its aftermath would cause despair to innocent depositors, including Kenyans.
BCCI, which had $20 billion (Sh2.1 trillion in today’s exchange rate) assets globally, was revealed to have lost more than its entire capital.
The bank was founded in 1972 by the crafty Pakistani banker Agha Hasan Abedi.
He was loved in his homeland for his charitable acts but would go on to break every rule known to God and man.
In 1991, the Bank of England (BoE) froze its assets, citing large-scale fraud running for several years. This would see the bank cease operations in multiple countries. The Luxembourg-based BCCI was 77 per cent owned by the Gulf Emirate of Abu Dhabi.  
BoE investigations had unearthed laundering of drugs money, terrorism financing and the bank boasted of having high-profile customers such as Panama’s former strongman Manual Noriega as customers.
The Standard, quoting “highly placed” sources reported that Abu Dhabi ruler Sheikh Zayed Sultan would act as guarantor to protect the savings of Kenyan depositors.
The bank had five branches countrywide and panic had gripped depositors on the state of their money.
Central Bank of Kenya (CBK) would then move to appoint a manager to oversee the operations of the BCCI operations in Kenya.
It sent statements assuring depositors that their money was safe.
The Standard reported that the Sheikh would be approaching the Kenyan and other regional subsidiaries of the bank to urge them to maintain operations and assure them of his personal support.
It was said that contact between CBK and Abu Dhabi was “likely.”
This came as the British Ambassador to the UAE Graham Burton implored the gulf state to help compensate Britons, and the Indian government also took similar steps.
The collapse of BCCI was, however, not expect to badly hit the Kenyan banking system. This was during the sleazy 1990s when Kenya’s banking system was badly tested. It was the era of high graft and “political banks,” where the institutions fraudulently lent to firms belonging or connected to politicians, who were sometimes also shareholders.
And even though the impact was expected to be minimal, it was projected that a significant number of depositors would transfer funds from Asian and Arab banks to other local institutions.
“Confidence in Arab banking has taken a serious knock,” the “highly placed” source told The Standard.
BCCI didn’t go down without a fight. It accused the British government of a conspiracy to bring down the Pakistani-run bank.  The Sheikh was said to be furious and would later engage in a protracted legal battle with the British.
“It looks to us like a Western plot to eliminate a successful Muslim-run Third World Bank. We know that it often acted unethically. But that is no excuse for putting it out of business, especially as the Sultan of Abu Dhabi had agreed to a restructuring plan,” said a spokesperson for British Asians.
A CBK statement signed by then-Deputy Governor Wanjohi Murithi said it was keenly monitoring affairs of the mother bank and would go to lengths to protect Kenyan depositors.
“In this respect, the CBK has sought and obtained the assurance of the branch’s management that the interests of depositors are not put at risk by the difficulties facing the parent company and that the bank will meet any withdrawal instructions by depositors in the normal course of business,” said Mr Murithi.
CBK added that it had maintained surveillance of the local branch and was satisfied with its solvency and liquidity.
This was meant to stop Kenyans from making panic withdrawals.
For instance, armed policemen would be deployed at the bank’s Nairobi branch on Koinange Street after the bank had announced it would shut its Kenyan operations.
In Britain, thousands of businesses owned by British Asians were on the verge of financial ruin following the closure of BCCI.
Their firms held almost half of the 120,000 bank accounts registered with BCCI in Britain. 
The African Development Bank was also not spared from this mess, with the bulk of its funds deposited and BCCI and stood to lose every coin.
Criminal culture
In Britain, local authorities from Scotland to the Channel Islands are said to have lost over £100 million (Sh15.2 billion in today’s exchange rate).
The biggest puzzle remained how BCCI was allowed by BoE and other monetary regulation authorities globally to reach such levels of fraudulence.
This was despite the bank being under tight watch owing to the conviction of some of its executives on narcotics laundering charges in the US.
Coast politician, the late Shariff Nassir, would claim that five primary schools in Mombasa lost nearly Sh1 million and appealed to then Education Minister George Saitoti to help recover the savings. Then BoE Governor Robin Leigh-Pemberton condemned it as so deeply immersed in fraud that rescue or recovery – at least in Britain – was out of the question.
“The culture of the bank is criminal,” he said. The bank was revealed to have targeted the Third World and had created several “institutional devices” to promote its operations in developing countries.
These included the Third World Foundation for Social and Economic Studies, a British-registered charity.
“It allowed it to cultivate high-level contacts among international statesmen,” reported The Observer, a British newspaper.
BCCI also arranged an annual Third World lecture and a Third World prize endowment fund of about $10 million (Sh1 billion in today’s exchange rate).
Winners of the annual prize had included Nelson Mandela (1985), sir Bob Geldof (1986) and Archbishop Desmond Tutu (1989).
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Monitor water pumps remotely via your phone

Tracking and monitoring motor vehicles is not new to Kenyans. Competition to install affordable tracking devices is fierce but essential for fleet managers who receive reports online and track vehicles from the comfort of their desk.

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Agricultural Development Corporation Chief Accountant Gerald Karuga on the Spot Over Fraud –

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Gerald Karuga, the acting chief accountant at the Agricultural Development Corporation (ADC), is on the spot over fraud in land dealings.

ADC was established in 1965 through an Act of Parliament Cap 346 to facilitate the land transfer programme from European settlers to locals after Kenya gained independence.

Karuga is under fire for allegedly aiding a former powerful permanent secretary in the KANU era Benjamin Kipkulei to deprive ADC beneficiaries of their land in Naivasha.

Kahawa Tungu understands that the aggrieved parties continue to protest the injustice and are now asking the Ethics and Anti-corruption Commission (EACC) and the Directorate of Criminal Investigations (DCI) to probe Karuga.

A source who spoke to Weekly Citizen publication revealed that Managing Director Mohammed Dulle is also involved in the mess at ADC.

Read: Ministry of Agriculture Apologizes After Sending Out Tweets Portraying the President in bad light

Dulle is accused of sidelining a section of staffers in the parastatal.

The sources at ADC intimated that Karuga has been placed strategically at ADC to safeguard interests of many people who acquired the corporations’ land as “donations” from former President Daniel Arap Moi.

Despite working at ADC for many years Karuga has never been transferred, a trend that has raised eyebrows.

“Karuga has worked here for more than 30 years and unlike other senior officers in other parastatals who are transferred after promotion or moved to different ministries, for him, he has stuck here for all these years and we highly suspect that he is aiding people who were dished out with big chunks of land belonging to the corporation in different parts of the country,” said the source.

In the case of Karuga safeguarding Kipkulei’s interests, workers at the parastatals and the victims who claim to have lost their land in Naivasha revealed that during the Moi regime some senior officials used dubious means to register people as beneficiaries of land without their knowledge and later on colluded with rogue land officials at the Ministry of Lands to acquire title deeds in their names instead of those of the benefactors.

Read Also: Galana Kulalu Irrigation Scheme To Undergo Viability Test Before Being Privatised

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“We have information that Karuga has benefitted much from Kipkulei through helping him and this can be proved by the fact that since the matter of the Naivasha land began, he has been seen changing and buying high-end vehicles that many people of his rank in government can’t afford to buy or maintain,” the source added.

“He is even building a big apartment for rent in Ruiru town.”

The wealthy officer is valued at over Sh1.5 billion in prime properties and real estate.

Last month, more than 100 squatters caused scenes in Naivasha after raiding a private firm owned by Kipkulei.

The squatters, who claimed to have lived on the land for more than 40 years, were protesting take over of the land by a private developer who had allegedly bought the land from the former PS.

They pulled down a three-kilometre fence that the private developed had erected.

The squatters claimed that the former PS had not informed them that he had sold the land and that the developer was spraying harmful chemicals on the grass affecting their livestock and homes built on a section of the land.

Read Also: DP Ruto Wants NCPB And Other Agricultural Bodies Merged For Efficiency

Naivasha Deputy County Commissioner Kisilu Mutua later issued a statement warning the squatters against encroaching on Kipkuleir’s land.

“They are illegally invading private land. We shall not allow the rule of the jungle to take root,” warned Mutua.

Meanwhile, a parliamentary committee recently demanded to know identities of 10 faceless people who grabbed 30,350 acres of land belonging to the parastatal, exposing the rot at the corporation.

ADC Chairman Nick Salat, who doubles up as the KANU party Secretary-General, denied knowledge of the individuals and has asked DCI to probe the matter.

Email your news TIPS to [email protected] or WhatsApp +254708677607. You can also find us on Telegram through www.t.me/kahawatungu

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William Ruto eyes Raila Odinga Nyanza backyard

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Deputy President William Ruto will next month take his ‘hustler nation’ campaigns to his main rival, ODM leader Raila Odinga’s Nyanza backyard, in an escalation of the 2022 General Election competition.

Acrimonious fall-out

Development agenda

Won’t bear fruit

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