Bungoma

By Tony Wafula

Bungoma County Commissioner Abdi Hassan has said that poor and vulnerable families in the county will start receiving relief food from the government to help in fighting Covid19.

Dr Abdi said that every sub-county has formed a committee to establish poor and vulnerable families that will be entitled to the government’s donation. ‘Every sub-county have formed a committee to identify all the vulnerable families which will receive government’s aid,”

Abdi cautioned government officers against presenting names of their relatives and friends to get relief food saying if found, they will be dealt with accordingly.

He also said conmen were asking people to give out money before getting registered to get government’s relief food.

 ‘’Conmen may think that when the government ordered the  lockdown of  courts that the  law is also suspended, my friends if found conning people and pretending to be government’s official you will arraigned and judged heavily,” said Abdi.

 The Commissioner said that every sub-county has produced a list of beneficiaries who will receive the government’s aid which will be verified, validated and confirmed on the day of supplying foodstuffs.

He assured residents that the security team is on the watch out during this curfew time to ensure that no insecurity reports are reported, calling on Bungoma residents to follow the government’s directives.

‘’ Since the president announced the curfew to start taking place we have heard many insecurity reports within our boarders but we have assigned more security officers on the ground to do night patrols to ensure that they residents are secured.’’ He said, adding that investigations are undergoing to establish culprits who raided and shops, supermarkets and hotels.

He warned police officers who have been alleged to have involved in any criminal offences that they will face the law, urging residents to report any suspicious people who may be spotted for disciplinary action.

He called on police officers to follow the government’s directives not to harass innocent Kenyans who may be on an urgent issue.‘’ I plead to our security officers to follow the directives keenly not to hurt innocent people who may have at some point gone against the government’s directive,”

The commissioner said that this is the time landlords should not harass tenants on rent payment because many people are staying at home.

Ends

Bungoma

By Tony Wafula

Wycliffe Wangamati was declared the second Governor of Bungoma by riding on Ford Kenya Party Leader Senator Moses Wetang’ula using his political connections in the county.

Wangamati despite having financial muscles, he was a political greenhorn and there was no way he was going to defeat Ken Lusaka who by that time was enjoying support from Statehouse machineries.

But what made him win was the Wheelbarrow saga that put Lusaka in a tight rope of working around the clock to retain his seat since Ford Kenya and its propaganda network led by Wetang’ula himself worked against his re-election.

At that time, the county purchased nine wheelbarrows at a cost of at least Sh1million.

Wangamati won the governorship race by 197,422 votes (48 per cent) against Lusaka’s 175,929 votes.

And going by the current happenings, Wangamati now nicknamed ‘Governor Wamitungi’ is likely to be a one term governor depending on how he will control the damage threatening to end his political career where it’s alleged the county purchased 600 20 litre jericans at a cost of Sh10, 000 each.

“In Bungoma, you don’t lose an election because you are a bad leader but due to propaganda. Any slight mistake will take you home. Lusaka lost in the last elections not because he was a bad leader but the wheelbarrow saga,” said Prof Nyukuri Barasa, a Governance expert.

Lusaka’s wheelbarrow saga happened three years into his leadership as the first Bungoma Governor same to Wangamati, the jericans saga.

Investigations by the County Splash Team discovered that the emergency state funds set aside to help in fighting the Coronavirus pandemic were squandered by senior county officials.

Medics confided to this writer that the county only sensitized the public against Covid19 but the medics haven’t received any training.

 ‘’We have a  suspected Covid19 victim last at Webuye  County hospital and has been in  quarantine for two weeks now but he is not being attended to. Bungoma has no isolation ward but only a quarantine center, “said Nyukuri.

He added : ‘’Wangamati should not think that Bungoma residents are fools, we can’t buy his lies that the funds were a donation, some of his emergency response team members  squandered the cash and they should take responsibility for it,”.

“Lusaka will be our Ford Kenya governorship candidate in 2022 and even Wetang’ula has been having meetings with him due to the fact that Wangamati has declined to toe the line and is planning to seek re-election on Eugene Wamalwa’s DAP party,” said a Ford Kenya party officials privy to the information.

Centre for Human Rights led by Philip Wekesa, Albert Lumumba and John Khaoya have also filed a case in court seeking to have Covid19 Emergency Response Team who were involved in the purchase of the jericans are prosecuted.

Before the dust could settle, fresh details have emerged that Wangamati and Senator Wetang’ula are at cross roads following the saga since its damaging the image of the party. Wetang’ula has also been raising queries on misuse of public funds.

“Lusaka will be our Ford Kenya governorship candidate in 2022 and even Wetang’ula has been having meetings with him due to the fact that Wangamati has declined to toe the line and is planning to seek re-election on Eugene Wamalwa’s DAP party,” said a Ford Kenya party officials privy to the information.

The frosty relationship between Wetang’ula and Wangamati was evident when inspecting the county’s preparedness to handle the virus.

Wangamati after getting wind that Wetang’ula was visiting the facility, he hurriedly changed his plans and came to inspect it. Wetang’ula came when he was addressing the media and after the presser, he left in a huff leaving behind his deputy, Prof Charles Ngome to handle his party boss.

Wetang’ula and MPs Mwambu Mabonga (Bumula), Didmas Barasa (Kimilili), Dan Wanyama (Webuye West), Catherine Wambilianga (Women Rep) and a host of MCAs were unhappy with the Governor for walking away when he knew his party leader was around.They lawmakers.

Ford Kenya party officials are also not happy that Wangamati declined to nominate the likes of Wafula Wakoli to his Cabinet despite having campaigned for him fiercly over flimsy grounds that he will outsmart him. Wangamati gave plum jobs to his political cronies and left out Wetang’ula’s wish list. That’s where the problem started.

Ends

Kakamega

By Prof John Muoma

As we move to the next level of the Covid-19 pandemic, we continue to appreciate the importance of statistics in planning. The quadratic polynomial model which is preferred at the planning stage was to guide us for the first 30 days and true to itself it was in sync with the data availed with a reasonable margin of error.

After the first 30 days, the model assumes we had put up structures in-terms of adequate test centres, availed testing material, set up clear tracing mechanism, established enough isolation centres, with adequate personnel to manage the treatment centres.

Could the authorisation to build a hospital in Wuhan China in a record 10 days followed by total lockdown been advised based on a point envisaged using a statistical model? Was it part of the plan in preparation of the exponential phase of the pandemic?

Could the authorisation to build a hospital in Wuhan China in a record 10 days followed by total lockdown been advised based on a point envisaged using a statistical model? Was it part of the plan in preparation of the exponential phase of the pandemic?

After utilizing the first 30 days for planning, the model assumes that the study is able to test a statistically reasonable number of individuals who are representative of the population. At this point the tool assumes the infection rate is at an exponential level and Exponential model is of preference at this point of study according to https://ksmakhanu.blogspot.com/2020/03/predicting-covid-19-cases-in-kenya.html.

 The exponential model, predicts that the number of infected people at day 37 would be about 2,972 or there about instead of 262 as reported by the Kenyan government. A good reason to the concerned to review their approach so as to quickly move from the planning stage and start mass testing.

From the US experience where the government took long to respond, the outcome has been devastating with 37,000 deaths as of 19^th April 2020 according to Harvard Global Institute.

The situation though could have been managed better with timely action. Currently in the US mass testing is ongoing with an increase in people tested and equally an increase in the number of recoveries. According to Ashish Jha, the director of the Harvard Global Health Institute, “If you have a very high positive rate, it means that there are probably a good number of people out there who have the disease who you haven’t tested,”

Despite the need for more testing, the United States case has reached non-zero equilibrium point; what journalists are referring to as flattening out of the infection curve. This kind of infection curve informs the optimist that the number has reached a threshold and if managed well the curve may level off and dip downwards.

On the contrary, this could be a silent incubation period which if not managed well may explode and the infected cases may rise again. Both though true depends on the action plan put in place by the state in management when the point is attained.

CDC data indicate that 30 per cent of the Covid-19 cases are black despite making up 13 per cent of the population in the United States. A good number of Americans have access to good medical facilities and insurance: what will happen when the virus explodes in Kenya where only 20 per cent of the population have some form of medical insurance?

In Kenya, once we are able to test a statistically reasonable number of people, we will be moving towards the exponential phase, which requires better preparation. Hence, we will need more testing centres around the country, Equip the hospitals with ventilators and have better isolation facilities as some of the solutions to enable us mitigate the Covid 19 situation better in response to the model prediction of drastic increase in the infected cases.

CDC data indicate that 30 per cent of the Covid-19 cases are black despite making up 13 per cent of the population in the United States. A good number of Americans have access to good medical facilities and insurance: what will happen when the virus explodes in Kenya where only 20 per cent of the population have some form of medical insurance?

Basically the 80 per cent who don’t have medical insurance and reside in poor condition will be worst hit and may be victims of the virus. In the poor settlements the WHO requirements in terms of social Distancing, personal hygiene and keeping our environment clean will be hard to abide to due to overcrowding which will favour the spread of the virus.

The governments approach to cushion the low-income population by giving them financial support is timely and a welcome gesture. This will enable the beneficiaries get their basic needs going during the lockdown and probably prepare them better health wise to manage the pandemic.

An Immunologist and nutritional expert suggests that the government should consider giving them food supplement as a mitigation measure in preparation of the unknown especially for the elderly. This may enable the most vulnerable manage the upcoming situation better.

Prof. Muoma is a Professor of Plant Biotechnology and the current Director of Science Park, Innovation and Incubation Centre (SPIIC) at Masinde Muliro University of Science and Technology (Mmust).

Ends

Bungoma

By Godfrey Wamalwa

Ng’arisha Sacco journey that started 41 years ago with a handful of members now stand as towering financial figure in the Kenyan cooperative movement.

With a strong asset base of over Ksh.1 billion and a membership of over 15,000, the Sacco now tops financial institutions that contribute to the livelihoods of many of our members and the national economy.

Led by the board chairperson, Mr.Benedict Simiyu who has a clear-cut vision. The Ng’arisha Sacco Chairman envisages a financially strong institution and prosperous members.

His distinct plans include taking Ng’arisha Sacco to the top tier co-operative and assisting members to grow their financial investments.

“We had to ensure all our staffs in all our satellite branches were qualified. We also started to implement performance management system. Our employees work on targets that they must deliver within the stipulated time,” said Mr Simiyu.

But Mr Simiyu is not an overambitious person; he has trained sights on a pragmatic approach. To achieve the goals, he is rallying his team to support the efforts to make the leading Sacco in the country.

The Sacco is setting an indelible mark in provision of financial and non-financial services.

“We had to ensure all our staffs in all our satellite branches were qualified. We also started to implement performance management system. Our employees work on targets that they must deliver within the stipulated time,” said Mr Simiyu. For him service delivery should never be comprised.

When you meet him,Macklins Wamukota, , the Chief Executive Officer is crisp precise and articulate on the strategic development plan for the Sacco he has in the coming years.

 Mr.Wamukota cuts a figure of a man on a defined mission. Through his guidance and the board leadership, Ng’arisha Sacco has so far come a long way both in financial performance and members’ livelihood transformation. 

The pioneer sacco in Bungoma County, which represents financial freedom and empowerment, plans to have a members of over 20,000 in the coming few years.

The 41 -years-old sacco, which has withstood the test of turbulent financial times that has seen many saccos split and collapse, is still going strong.  

The sacco has grown to become one of the biggest indigenous financial institutions in western region and its environs.

The sacco whose headquarters is at Bungoma town in Kanduyi Sub-County, is situated at the multimillion-shilling Teachers Plaza built from members’ savings.

As the sacco became the preferred financial provider due to its improved services pegged on quality, integrity, professionalism, innovation and good customer service, the Sacco attracted more members from the neighboring counties.

In 2014,it was rebranded from Bungoma Teachers Sacco Society limited  to Ngarisha Sacco.The sacco, which is led by Mr.Macklins Wamukota, it has attracted workers in Bungoma County, Ministry of Education and the business community

This move saw the sacco cast net far and wide and attract members and partners nationally and internationally. The members could not be served due to its initial name and geographical location.

Ngarisha Sacco came up at a time when banks had shunned the region and most residents in rural Bungoma did not own bank accounts.

The sacco chairperson Benedict Simiyu said the Sacco won the confidence of mama mboga, teachers, jua kali operators among others who entrusted the Sacco with their money and supported it in a big way.

“Due to good governance and accountability which guaranteed the safety of members’ savings, the confidence grew tremendously as they supported the sacco by increasing their savings in a big way,” posed Mr.Simiyu.

Ng’arisha Sacco Net loans at 31st December 2018 and December 2019 stood at Sh1,744,152,970.46 and Sh1,779,325,706.00 at both Fosa and Bosa counters.

“The Sacco closed the year (2019) with the net loan balance to members of Sh1,927,019, 627 while it was Sh1,776,645.40 in 2018,” said Simiyu during annual delagates meeting.

The Sacco has generated an income of Sh72,443,449.77 with a surplus of Sh65,995,458.35.

Ng’arisha sacco formerly Bungoma eachers sacco was established in 1979 currently offering loans to people in the Juakali sector, boda boda , Mama Mboga’s and cadres of investors basing on their share
strength.

Ends

Kakamega

By Wilson Abiri and Collins Matubwi

With only two years remaining to the 2022 General Elections, battle lines have already been drawn in the race to clinch the much coveted seat of the Kakamega Women Representative Seat.

Already women leaders in the county who are interested in the seat have started making inroads to solidify their support base ahead of 2022 using different campaign strategies.

And if elections was to be held today, the current Kakamega Women Representative Elsie Muhanda will still be re-elected owing to the support she enjoys across the county.

In an opinion poll that was commissioned by the County Splash, an online news platform that was conducted between March 13^th – April 7^th 2020 placed Ms. Muhanda at position one with 21.71 per cent (812 votes) of the total sampled population.

A total of 3,742 respondents were reached through telephone interviews, online survey, impromptu interviews and through filling questionnaires. Muhanda was closely followed by her political nemesis Peninah Mukabane who garnered 805 votes representing 21.53 per cent of the total votes tally.

The margin between Muhanda and Ms. Mukabane, the current Gender advisor in Governor Wycliffe Oparanya’s office was 0.18 per cent.

Renowned broadcaster Lydia Pamela Inyangala alias Senje got 676 votes (18.07 per cent) to clinch the third position followed at a distant fourth position with nominated Senator Naomi Shiyonga who garnered 327 votes (8.73 per cent).

 Sarah Netiah, a nominated MCA at the County Assembly of Kakamega scooped the fifth position with 238 votes (6.35 per cent) followed by Hadija Juma Nganyi at the sixth position with 167 votes (4.46 per cent) and Former Nominated Senator Daisy Kanaiza Nyongesa was at the seventh position with 73 votes (1.94 per cent).

Nancy Mudeheli got 57 votes (1.53 votes) at position eight followed by Anne Nambiro, a Nominated MCA at the County Assembly of Kakamega at position nine with 48 votes (1.28 per cent) whereas Roselidah Andambi, also a nominated MCA was ranked at the tenth position with 34 votes (0.90 per cent). Utmost 13.50 per cent (505 votes) of the sampled population were undecided.

Analysis

Muhanda, the incumbent Woman legislator as a wide network across the county courtesy of her programs like the ‘Tumaini Scholars’ where she has taken back to school over 500 young mothers back to school using the Affirmative Action Funds. Muhanda been distributing tents, umbrellas, farm inputs as well as facemasks to fight the Coronavirus pandemic. This activities have seen her traverse the entire county thus becoming a darling to many.

She is well endowed with resources as well as having political goodwill from political luminaries like ODM leader Raila Odinga and Mr. Oparanya.

However, it may not be a walk in the park as she will have to battle it out with Senator Shiyonga for the ODM nomination slot in 2022.

For Mukabane, she has good managerial skills having held plum positions like the County Executive Committee (CECM) for Environment as well as Agriculture in the first tenure of Governor Oparanya.

It was also during her time as the CECM for Health that the construction of the 750- bed capacity Kakamega County Teaching and Referral hospital came to fruition. She is also blessed with oratory skills.

Given her current role as the Gender Advisor in Governor Oparanya’s office, she has made a name for herself by fighting against teenage pregnancy and defilement in the county. Her name is present in at least nine sub counties as per the opinion polls as well as being endowed with resources.

For the veteran Journalist, Lydia Inyangala, she has come second in two consecutive General Elections of 2013 and 2017. This gives her an upper hand ahead of the rest.

However, her greatest undoing is that after every elections, she disappears from the ground.

Naomi Shiyonga who has been among the top financiers of ODM activities in the country enjoys the support of the party. This complicates the ODM nominations in the 2022 elections as the party may reward her with the ticket due to her loyalty to the party.

Ms. Shiyonga is also endowed with resources and enjoys comparative advantage ahead of the rest as she comes from the rich Malava voting bloc.

However, the sampled population claimed that she has lost touch with the ground since she is not generous.

Hadija Nganyi enjoys the support of the Wanga rich voting bloc though her dalliance with the Deputy President William Ruto is working against her candidature unless she will use another party apart from Jubilee. She is also financially unstable.

Sarah Netiah after being nominated as an MCA lost touch with the ground given that she has not carried any activity in the county. She is also not endowed with resources and running a spirited campaign may prove an uphill task for her.

For Daisy Nyongesa, she still has her networks across the county having been the ODM youth leader prior to the 2013 elections as well as a name she earned for herself after serving as a nominated senator for five years. However, she has never vied for an elective seat and after the 2017 elections, she went underground.

Nancy Mudeheli enjoys the Lugari and Likuyani voting bloc whereas Ms. Nambiro and Ms. Andambi are non – starters since they have never been serious with their campaigns.

Ends

Health

Herbalists want Bukusu Circumcision pushed to 2022 to curb Covid-19

By Tony Wafula                                    

Herbalists have called upon the Bukusu community from both Bungoma and Trans-Nzioa counties to push the circumcision ceremony slated for August this year to 2022.

The move is to avert the spread of the coronavirus disease that has so far claimed the lives of 11 people and 235 others testing positive going by the latest updates by President Uhuru Kenyatta on thusday.

Addressing the press in his Bungoma  town in his office Isaac Misiko who is the Minister for Health in the Inzu ya Masaba said that depending on the faster rate of the spread of the covid-19 virus the fete cannot take place.

‘’During circumcision relatives and friends come together to sing and drink ‘Busaa’, But now that the government has given tough rules that no crowding I urge the celebration to be carried forward to 2022,” said Dr Misiko.

Misiko called upon the county government of Bungoma to set up a scanning clinic to ensure that circumcisers are scanned and their health status noted.

His sentiments were echoed by Joseph Simino, alias,Simino wa Omukolongolo the chairperson of circumcisers in Bungoma county who said that the celebration will not take place if corona virus pandemic persists.

‘’If this pandemic persists we will be expected to circumcise our initiates in the month of December to prevent the spread of the covid-19 disease,’’ he said.

He called on the county health CEC to establish scanning clinics in all the nine sub-counties to makes sure that every circumciser is scanned and given a health letter.

‘’The county ministry of health to establish scanning clinics in villages to give opportunity to initiates and circumcisers to be tested on their covid-19 health status.’’ He lamented.

He said that in the year 1926 and 1938 there were no circumcision ceremony because of the diseases that was hitting the nation which forced them to be circumcised during  the bad year ‘sikumenya’.’’ He said.

He added that the sukumenya year is the year to carry out rituals to the dead and it’s not good to circumcise initiates saying that they follow cyclical system ( Bibingilo).

He said that the circumcision ceremony follows the eight age-groups: Bakolongolo, Bakikwameti, Bakananachi, Bakinyikiwi, Banyange, Bamaina,Bachuma and Basawa which last for 10 years apart from Bachuma which lasted for 14 years(from 1872-1886).

He urged Bungoma county Gender, Youth and Culture CEC Everlyne Kakai to organize a meeting with all circumcisers from Bungoma to have proper way forward.

He accused those circumcisers who run up and down in town circumcising street boys saying that when found they will be arrested and arraigned in court.

‘’During circumcision time we have ensured that our circumcisers follow the set rules and regulations whereby one initiate one knife.’’ He said, adding that if spotted sharing the knife you will be sued and judged heavily.

Ends

Kakamega

By GPU

Counties require 20,000 medics to effectively deal with the spread of Covid-19 pandemic and save lives, Chairman Council of Governors (CoG) Wycliffe Oparanya has said.

Oparanya pointed out that counties were in need of health workers in various cadres to fill the gaps in public hospitals across the country.

 “The hiring of additional 5500 medical staff to beef up the fight against the Covid-19 pandemic is a move in the right direction,” he added.

The medics who will be hired during the exercise will be awarded a three-year contract.

“It is good that the medics will be given a longer contract to serve meaning that after we overcome the pandemic they will still be there to fill the gap and but I urge counties to consider absorbing them permanently.

He added: “Most public health institutions face acute shortage of medical staff and there is need for the number to be increased”.

The Kakamega governor noted that before the country was hit by the Covid-19 pandemic public hospital had inadequate medical staff adding that the situation has worsened.

Oparanya urged counties that will have financial muscles to hire more health workers to provide support in combating the spread of coronavirus and save lives.

Addressing the Press yesterday, Oparanya assured medics that counties prioritized their lives in the fight against the spread of the Covid-19.

He added that more Personal Protective Equipment had arrived in the country from abroad for distributions to counties to protect medics against threats of contracting the virus.

“I am happy to inform our medics who have been sacrificing to save lives that the PPEs are with us and next the shortage of the same will be a thing of the past,” he added.

Oparanya noted that in the beginning KEMSA were the only body that provided the PPEs but they were overwhelmed by the demand.

“I am happy to inform our medics who have been sacrificing to save lives that the PPEs are with us and next the shortage of the same will be a thing of the past,” he added.

Oparanya added that the outbreak of Covid-19 had devastating economic effect of Kenyans adding that the poor are had hit as they are faced with starvation.

He noted that counties should put more emphasis on provision of food to the vulnerable members of the community.

“Provision of food to the vulnerable should be the next agenda of counties to save them from starvation,” he added.

The governor appealed to traders not to take advantage of the high demand for food to increase prices of the commodity.

He added that this is the time the country needed sacrifice and support of all to win the war against the spread of Covid-19.

Ends.

Kakamega

By Prof John Muoma

As the number of Covid 19 cases continue rise worldwide, with over 1.8 million detected cases and over 110, 000 deaths, the essence of testing has become inevitable.

In the US, according to CDC information on Covid 19 by the evening of April 9, the total number of public health laboratories (PHL) certified to offer testing were 95 up from 12 a month earlier.

This indicates that the US government has taken the need for testing seriously and in one month, they have martialled a good amount of resources to make this important exercise possible. 

In India, according to the India Ministry of Health and Family Welfare website by 18th March 2020 the government had declared that the first and second confirmatory tests for Covid 19 will be free for all the citizens in the 52 testing centres set up. 

This was encouraging at a time when India had 147 positive cases and 3 deaths as it showed commitment towards mass testing. 

In Spain, testing is currently mandatory for all citizens. This has been advised despite Reuters 27^th March 2020 article where Spanish scientist discovered that some of the tests kits cannot differentiate the virus that cause the current Covid-19 to other types of coronavirus which cause common colds.

This led to withdrawal of the kits by the Spanish government and replacement of the kits by Shenzhen Bioassay, China the manufacturer.

The status of the disease in these countries enable us in Kenya review our capabilities in testing Covid 19 one month since the first case was reported. How have we as a people and a government supported the capacity to test new cases of Covid 19 and where do we need to improve? 

The government previously was able to test about 400-suspected cases of Covid 19 in a day. This was probably because they had only one functional Roche cobas 6800 to test all Covid 19 cases in the country.

According to Roche cobas 6800/8000 manufacture https://www.Roche.com which had contrary information to https://www.nation.co.ke/news/New-tech-at-Kemri-to-enable-Kenya-to-mass-test-for-virus/1056-5517402-l95bh5/index.html?fbclid=IwAR3AYx9cYjElOIJ9eYVhGSrNXXRUds5Rm7pQLstc5slfr1BwODZxdsqpZVs , the highest throughput of cobas 6800 system provides 96 results in about three hours and a total of 384 results in 8 hours.

While the Roche cobas 8000 can provide 960 results in 8 hours. The good intention to recruit all the Roche cobas 6800/8800 traditionally used for HIV and use them for Covid 19 will be a big plus for Kenya.

Assuming there are five Roche Cobas 6800/8000 working, we as a country would test 7500 cases once the machine will be fully functional and the reagents availed. Considering the time frame and the date the purported recruitment was to be done/probable condition of the equipment, its unlikely that the government will be able to assemble the equipment and start mass testing immediately despite the rising Covid 19 cases. 

In developing countries like Kenya, the rapid detection tests RTDs are of particular interest for low resource settings where lab tests are less obvious.

The experience from US and Spain with faulty kits should alert us on donation and equipment, which haven’t been certified by concerned authorities. 

According to the Institute of Tropical medicine Antwerp, Belgium one of the institutes in the frontline on antigen-antibody kit development “COVID-19 ANTIGEN DETECTION RDTS AND COVID-19 ANTIBODY DETECTION RDTS ARE DIFFERENT”.  Covid-19 antigen detection RDTs diagnose the presence of a protein of the virus in body fluids mostly in secretions of the upper respiratory tract. 

Covid-19 antibody detection RDTs diagnose antibodies produced by white blood cells of the infected person during the infection. They are mostly detected in the blood. But it takes a few and up to 10 days before the concentration of antibodies in the blood is high enough to be captured by the RDT.

Further, antibodies persist long after the infection has been cleared. Unlike other (laboratory-based) immunoassays, they do not provide quantitative information (Information about the number of antibodies, expressed as dilution “titre”).

Rapid diagnostic tests (RDTs) are small stand-alone tests that are simple to use. They can be used at the triage and outside the hospital, by minimally trained staff, round the clock and on single samples. They provide test results within 15 minutes, conducive to a swift patient flow. In summary, they are attractive for decentralized testing particularly in low resource settings. 

As of 3rd April 2020, there were no validation reports of Covid-19 antigen- detection and Covid-19 antibody-detection RDTs published in scientific literature (e.g. PubMed)contrary to https://www.standardmedia.co.ke/article/2001367222/kemri-starts-manufacturing-covid-19-rapid-.

This leaves us with the classical laboratory based PCR as the only approach which can quickly be up scaled in our local laboratories as the most appropriate home grown easily available and reliable method of testing Covid 19.

This is a routinely used equipment in any standard laboratory. The equipment is available in the laboratories of most Higher Learning Institutions. The ministry and the county governments should partner with universities to develop home grown solutions to help in Covid-19 mass testing.

Prof. Muoma is a Professor of Plant Biotechnology and the current Director of Science Park, Innovation and Incubation Centre (SPIIC) at Masinde Muliro University of Science and Technology (Mmust).

Nairobi

By Aileen Aluso Ingati

When a person dies having written a valid will, his or her property is administered and disposed off in accordance with the provisions of his or her will. A person is said to have died testate if he or she left behind a valid will.

The procedure involves the executors or executrices obtain a grant of probate, which gives the executors or executrices the authority to handle any matters pertaining to estate of the deceased person in accordance with the provisions of the will and the Law of Succession Act (Cap 160), Laws of Kenya.

The processes of obtaining a grant of probate are through a petition for grant of probate and thereafter confirmation of grant of probate.

When a person dies having not written a will or where the will is invalid, his or her property is administered and disposed off in accordance with the provisions of the act. A person is said to have died intestate if he or she did not leave behind a valid will or no will at all.

The procedure involves having the administrators obtain a grant of letters of administration intestate. This gives them the authority to deal with the estate of the deceased person in accordance with the provisions of the law.

The processes of obtaining a grant of letters of administration intestate are through a petition for letters of administration intestate and confirmation of letters of administration intestate.

The following contents of this article entails the procedures for applying for the grant of probate and letters of administration intestate.

Petition for grant of probate:  The executors of the deceased person’s estate will be required to petition the High Court of Kenya for a grant of probate. The petition is accompanied by an affidavit, which must include a schedule of the assets and liabilities of the deceased person’s estate with their approximate value. Proof of ownership of the assets must also be attached.

The petition is filed at the Family Division of the respective High Court and the Court Registrar peruses the petition to check if it is in order and thereafter assesses the filing fees due and payable to the Judiciary of Kenya.

Upon payment of the filing fees, a notice of the petition is advertised in the Kenya Gazette to notify the public of the petition and for any person who has a claim on the estate of the deceased to have an opportunity to object to the grant of probate being given to the executor (ices).

After 30 days of the notice of the petition appearing in the Kenya Gazette, an application for extraction of the signed and sealed grant of probate, which will indicate the executor(ices) as the lawfully appointed executor(ices) of the estate – should be made by the executor(ices) to the High Court.

Confirmation of grant of probate:  Upon issuance of the signed and sealed grant of probate, the executor(ices) must wait for the statutory 6 months’ period to lapse before applying for the grant to be confirmed after which he or she will be issued with a certificate of confirmation of grant of probate and this certificate gives them power to transfer the estate’s assets in accordance with the provisions of the will.

Petition for letters of administration intestate:  There should be at least two people who must petition the High Court for letters of administration intestate. Preference is usually given to the surviving spouse but this does not prevent the adult members of the family from agreeing amongst themselves on who to petition the court if a surviving spouse is not in a position to do so. The petition should be filed at the nearest High Court to where the deceased person resided at the time of his or her death.

The petition for letters of administration intestate is a formal legal document that must be accompanied by an affidavit in support from the petitioners.

The petition should include a schedule of the assets and liabilities of the estate with the approximate values, proof of ownership, the deceased’s death certificate and a letter from the chief in the locality of the deceased’s place of domicile stating that the chief knew the deceased person and giving details of the estate’s beneficiaries and dependants as known to him.

It is a mandatory requirement for the petitioners to swear affidavits of justification satisfying the court that the petitioners are solvent and are able to comply with their obligations as administrators. It is also a mandatory requirement for the petitioners to obtain other independent persons to be sureties for the full value of the net intestate estate who in turn will have to satisfy the court as to their solvency.

The petition is then filed at the family division of the respective high court after which the deputy registrar will peruse the petition and assess its filing fees which is payable to the Judiciary of Kenya. Upon payment of the filing fees, a notice of the petition is advertised in the Kenya Gazette to notify the public of the petition and for any person who has a claim on the estate of the deceased to have an opportunity to object to the grant of probate being given to the executor(ices).

After 30 days of the notice of the petition appearing in the Kenya Gazette, an application for extraction of the signed and sealed grant of letters of administration – which will indicate the administrators as the lawfully appointed administrators of the estate and state that they have undertaken to faithfully administer the estate – should be made by the administrators to the high court.

Confirmation of the letters of administration intestate: Upon issuance of the signed and sealed grant of letters of administration, the administrators must wait for the statutory 6 months’ period to lapse before applying for the grant to be confirmed after which he or she they will be issued with a certificate of confirmation of grant of letters of administration.

At this stage, the administrators of the estate shall inform the court on the mode of distribution of the estate. The certificate of confirmation of grant of letters of administration intestate will be issued by the court once it is satisfied with the mode of distribution and endorses it. The administrators will then have the authority to transfer the estate’s assets to the beneficiaries as per the mode of distribution endorsed by the court.

Ms. Aileen Aluso Ingati is a Senior Partner at the firm of Kazi Advocates LLP. If you require any further information and/ or clarification on its contents, please contact her at aluso@kaziadvocates.com or info@kaziadvocates.com

Nairobi

By Aileen Ingati Aluso

Introduction

Force majeure is a contractual term originating from the French civil law based on the Roman doctrine vis major meaning “superior force”. The vis major concept was referred to as acts of God.

The Black’s Law dictionary defines it as an event or effect that can neither be anticipated nor controlled and includes both acts of God and acts of people.

The doctrine of force majeure is not found under common law. However, clauses either excusing contractual parties from their obligations (in part or in full), suspending or extending their period of performance where performance is hindered or affected by events that are out of their control are used to grant relief to parties in contracts affected by the events.

Drafting Force Majeure Clauses

When drafting the clauses, the words ‘force majeure’ are rarely unqualified. The initial part of a force majeure clause usually defines the acts or events that qualify as force majeure that will then lead to invoking of the force majeure clause.

The clauses may take a generalized outline under a “catch all phrase” whereby any event beyond control of the parties is referred to as force majeure, or a definitive form where events deemed as force majeure are listed in the clause.

 The clauses may take a generalized outline under a “catch all phrase” whereby any event beyond control of the parties is referred to as force majeure, or a definitive form where events deemed as force majeure are listed in the clause.

The risk that comes with the former approach is that of uncertainty, since the definition is too wide while with the latter, the clause will only be restricted to the listed events and will not apply to any other outside them. 

In this light, parties might therefore want to take up both approaches when drafting force majeure clauses, listing the force majeure events and including a catch all phrase.

“The party must comply with procedural requirements under the contract such as to give notice of intention to rely on the clause to the other party within a particular period, including any formalities required for service of notices. Some clauses may also require updates to be provided and or an express obligation to mitigate”

The clause may refer to performance as being ‘prevented’, ‘hindered’ or ‘delayed’ by force majeure. A force majeure clause must therefore be interpreted with a close attention to the words which precede or follow it, and with due regard to the nature and general terms of the contract.

Enforcing Force Majeure Clauses

The burden of proof in force majeure clauses is on the party wishing to exercise the force majeure clause to show that the relevant event falling within the force majeure clause occurred.

The party must comply with procedural requirements under the contract such as to give notice of intention to rely on the clause to the other party within a particular period, including any formalities required for service of notices. Some clauses may also require updates to be provided and or an express obligation to mitigate.

The affected party must issue a force majeure notice to the other party. The notice must stipulate in detail the nature of the force majeure, how it has affected performance of its obligation and the estimated duration of the force majeure event.

The notice should be clear as the relief sought by the affected party.

A party seeking to rely on a force majeure clause should show that: –

• The force majeure event was the cause of the inability to perform and delayed performance,
• The non-performance was due to circumstances beyond their control; and
• There were no reasonable steps that they could have taken to avoid or mitigate the event or its consequences.

The party receiving the notice may assess the claim and could agree to proceed on the basis of force majeure. If a dispute arises, the contractual provisions may guide on the steps taken by the parties so as to resolve the dispute.

Misconception

A common misconception is that the parties to a contract will be automatically relieved from performing their obligations if some kind of disaster occurs. However, the English law doctrine of ‘frustration’ will only provide the parties with limited remedies and will only apply where performance is rendered impossible.

The Covid-19 Virus and its relation to Force Majeure

The World Health Organization declared the Covid-19 virus a pandemic, and on 14^th March, 2020 Kenya confirmed its first case of the virus. Since then the government has tried to contain the virus and has issued directives that have affected the general operation of business across the country. This means that performance of contractual obligations by parties may have been put to strain, hindered or suspended in many contracts as a result of the government directives.

Contracting parties that have been affected by the current government directives due to the Covid-19 virus may therefore decide to invoke force majeure. This however will be dependent on firstly, the existence of a force majeure clause in the particular contracts and secondly the manner in which the clause is drafted, that is, whether it provides for pandemics as force majeure events.

The current state of affairs acts as an eye opener to parties intending to contract in coming days on the importance of embedding a force majeure clause in contracts, and having one that is keenly drafted, well defined and thoroughly inclusive.

 Conclusion and Recommendations

In the current state of the effects of Covid-19 virus, affected contracting parties may invoke force majeure clauses in their contracts, complying with the procedural guidelines in the contracts.

In the event that the force majeure clause does not provide for the current pandemic as a force majeure event, the parties can agree to find means of mitigating the effects.

A party can also claim breach of contract in the absence of a force majeure clause where a  party fails to perform their contractual obligations and does not notify the other party.

Force majeure is not a principle of law, and purely emanates from contractual terms. Parties in contracts therefore need to not only have a force majeure clause, but also be keen on its structure and drafting, especially with regard to the events to be covered under the clause in order to effectively provide relief to parties invoking it.

Ms Ingati is an Advocate of the High Court and a Senior Partner at Kazi Advocates. Email : aluso@kaziadvocates.com