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

Kakamega

By Andrew Ombuni

Church leaders across the country have been urged to embrace prayer and fasting as a way of combating the spread of coronavirus disease.

Lurambi MP, Bishop Titus Khamala wants Pastors and Bishops to go to Prayer Mountains for prayer and fasting and seek forgiveness on behalf of the nation to avert the current crisis.

He said when the virus is contained, churches will resume their services as usual.

The MP is currently at Ingolomosio Prayer Mountain for prayer and fasting in Kakamega County interceding for the nation.

“I am calling upon church leaders to go to the hills seeking forgiveness from God on behalf of the nation. We can raise an alter anywhere and seek the face of God in this trying moments. When the new infections will end, our places of worship will be re-opened again, “said Bishop Khamala.

The MP is who the founder of Cornerstone Gospel Ministries said Covid19 was a demonic attack to the nation and it cannot be fought with soap and water but by invoking the power of God.

“The devil knows that when we go to the church to pray, the virus will go away. As church leaders we won’t beg the government to reopen churches but we should embrace prayers to defeat the devil. This time round church leaders are being ridiculed and laughed at. If we are true prophets, why can’t we pray for the virus to go,” said Bishop Khamala.

He added: “We do not wrestle against flesh and blood but against rulers of darkness.(Ephesians 6:12). Let us put on the full armor of God and stand our ground with the belt of truth buckled around our waists as well as the breastplate of righteousness and declare an end to more infections,”

He said if the church will not wake up to the calling and pray, the government will continue discriminating against the church on grounds that the places of worship are prone to the spread of the deadly virus.

“The government has allowed Matatus and buses and supermarkets to operate as well as at least 15 people to attend burial ceremonies but the churches have been closed. This is the devil at work and must be stopped,” said Bishop Khamala.

Quoting Genesis 13:4 where Abram built an alter for God at Bethel, the MP said that was the meeting point between Abraham and God whenever he wanted divine intervention, saying the church should the same to avert the current crisis in Kenya.

According to the lawmaker, coronavirus will break and make the church depending on how pastors and bishops will handle the issue, adding that the flock should not get weary, as God cannot test his people beyond their reach.

 Khamala said prayers will also enable doctors and scientist get the vaccine that can treat the virus and bring to an end the calamity that has collapsed world economies leading to jobs cuts and deaths.

“Jesus Christ took up our pain and bore our suffering when he was hanged on the cross at Calvery.He was pierced for our transgressions, he was crushed for our iniquities; the punishment that brought us peace was on him, and by his wounds we are healed. (Isaiah 53:5). We shall overcome,” said Khamala.

He said Italy was hard hit by the Covid-19 pandemic since it was prophesized (Jeremiah 7:32), saying this should make people realise that Covid-19 is a demonic force that has disguised itself as a virus.

Ends

Kakamega

By Wilson Abiri and Collins Matubwi

• Dr Khalwale still ahead of the rest but has dropped points
• Senator Malala and Savula’s support is quickly waning
• Fernandes Barasa candidature now gaining momentum
• Fernandes out to consolidate the rich Wanga voting block with Laban Atemba and Mr Osundwa
• Amukoa Anangwe, a professor of political science has no support base
• Governor Oparanya is yet to name successor

Governor Wycliffe Oparanya is remaining with only two financial years before exiting the stage as the founding Governor of Kakamega.

With the clock trickling towards the 2022 General Elections, a total of 12 candidates have declared their candidature in a heated race to succeed Governor Oparanya who is working behind the scenes to become either a Cabinet Secretary or Deputy Prime Minister as his retirement package.

Former Kakamega Senator Boni Khalwale is still a favorite candidate to succeed Oparanya if the recent Opinion Polls that was commissioned by the County Splash, an online news platform is anything to go by.

The polls were conducted between February 25^th – March 15^th 2020 across the county where 4,724 people were reached through telephone interviews, online survey, impromptu interviews and through filling questionnaires.

                              Poll results

If governorship elections were to be held today, then Khalwale (Jubilee Party) will become the second Governor of Kakamega with 16.892 per cent (798 votes) of the total votes tally followed by Fernandes Barasa, the Chief Executive Officer (CEO) of the Kenya Electricity Transmission Company (Ketraco) with 16.701 per cent (789 votes).

In last polls that were released in January this year, Khalwale was leading the pack with 18.09 per cent. He has dropped points with 1.198 per cent. The margin difference between Khalwale and Fernandes was 0.191 per cent. In the last polls, Fernandes was ranked fifth with 10.2 per cent.

Kakamega Deputy Governor, Prof. Philip Kutima was still ranked at position three with 14.521 per cent (686 votes) of the total votes tallied.

Lugari MP Ayub Savula was ranked fourth in the opinion polls with 13.103 per cent (619 votes). Savula was ranked second in the last polls and had 17.36 per cent. This shows that his support is quickly waning.

Senator Cleophas Malala was fifth with 11.706 per cent (553 votes). In the last polls, he was ranked fourth with 14.487 per cent. 

Former Cecafa Secretary General Nicholas Musonye was sixth with 4.213 per cent (199 votes) followed by Kakamega County Assembly Clerk, Laban Atemba at the seventh position with 3.895 per cent (184 votes).

Ikolomani MP Bernard Shinali was position eight with 2.095 per cent (132 votes) and was closely followed by Nairobi City lawyer Michael Osundwa with 2.095 per cent (99 votes). Prof. Amukoa Anangwe and Sammy Amukoko tied at position 9 with 1.989 per cent each (94 votes).

 Shinyalu MP Justus Kizito Mugalia was eleventh with 1.905 per cent (90 votes) whereas those who were undecided were 384.

                         Analysis

Majority of the sampled population still believe that Khalwale can still become next Kakamega Governor if he renounces his dalliance with Deputy President William Ruto. His name is a brand in the county and more so, he comes from the third most populous community of Idakho and Isukha in Ikolomani and Shinyalu sub counties with 49,899 voters and 71,256 registered voters respectively as per the 2017 elections.

He also enjoys support in sections of Lurambi Sub County with 80,037 voters. Khalwale also enjoys support in Navakholo Sub County where his second wife comes from with over 53,620 registered voters.

Mr. Fernandes who is endowed with resources comes from the vote rich Wanga block of Mumias East (45,380 voters), Mumias West (47,492 voters) and Matungu (61,728 voters).

Fernandes, as the CEO of Ketraco and given his outstanding leadership in corporate management, he enjoys cordial relationship with President Uhuru Kenyatta, ODM leader Raila Odinga, ANC’s Musalia Mudavadi, Governor Oparanya as well as Ford Kenya boss Moses Wetang’ula. Currently, he enjoys the support of four sitting MPs and seven aspirants seeking parliamentary seats.

Deputy Governor Prof Kutima enjoys the support in Malava Sub County with over 82,000 votes as well as Butere (62,956 voters) and Khwisero (48,920 voters) owing to the relationship with Governor Oparanya.

For Savula, he got huge following in Lugari (77,001 voters) and Likuyani (63,311 voters) as well as some parts of Malava. His ongoing corruption case is also working against his candidature as well as the ‘Being a mnyore’ tag.

Senator Malala, enjoys the support of the youths across the county but of late his association with Raila is working against him. Mr. Musonye (Ex Cecafa boss) has a huge following among the sports fanatics. He also comes from the third most populous community of Isukha and Idakho. He is also well endowed with resources.

For Atemba, he is financial stable and comes from Matungu constituency,which is part of Wanga voting block. He also enjoys the support of a section of the current ODM MCAs at the Kakamega County Assembly.

Mr. Shinali the Ikolomani MP should try the senate seat of defend his MP seat. This is according to the polled voters. They say he is out to spoil Khalwale’s chances of succeeding Oparanya given that they came from the same area. For Osundwa, voters want him to retire from politics and support either Fernandes or Atemba for the governorship seat.

The voters also feel, Prof Anangwe should retire from politics while Amukoko should try going Khwisero MP seat since he is still a greenhorn in politics. They also want Kizito Mugalia to defend his Shinyalu MP seat and stop biting a bullet he cannot swallow.

Note: An opinion poll on who is the preferred Women Representative and the most popular youths in Kakamega will be out next week.

Ends

Kakamega

By Andrew Ombuni

• Bishop Khamala spends Sh2million on relief food
• The MP is targeting widows and vulnerable families in the program
• Khamala targets to reach over 4000 families in the program
• Wants government officials to prudently use resources available in fighting Covid-19
• The MP wants pastors and church elders allowed to their places of worship
• Bishop says Covid-19 is a demon and can only be fought with prayers  

Lurambi MP Bishop Titus Khamala has launched the distribution of relief food to his constituents to cushion them from hunger and starvation in the wake of the Covid-19 pandemic.

Bishop Khamala said he will spent Sh2million from his personal savings on the program targeting at least 4,000 poor and vulnerable families across the six wards of Lurambi constituency.

The legislator said the beneficiaries are widows, boda boda riders, Vegetable vendors (Mama Mboga),

“I have decided to go to individual homes of the families we have mapped out so that we avoid overcrowding and ensure we adhere to the social distance rule. I will be distributing the foodstuffs by myself so as to ensure targeted families are reached,” said Khamala.

Of the 4000 people, they will each be receiving 2kilos of maize flour, 2 kilos of wheat flour, 2kilos of sugar, 2 kilos of rice and 2litres of cooking oil as well as soap and clean water. Boda Boda riders will also get facemasks, 100 litre buckets and sanitisers.

Already he has distributed the foodstuffs at Scheme, Maraba, Makaburini and Shikhambi estates.

“I am not campaigning but just helping my people who made me their MP and the exercise should not be politicised that I have left out other people. Covid-19 is worldwide pandemic and as leaders, we must cushion our people from suffering,” said Bishop Khamala.

He said he was thinking of forfeiting his April salary so that he can use the money in reaching to more families in the constituency.

The lawmaker also warned the national government against squandering the Covid-19 funds and that it should be used for the intended purpose only.

He said many Kenyans have given up their resources to the National Covid-19 kitty to help in the fight towards the containment of the virus but some uncouth government officials were likely to steal the money.

“We have some government officers who thrive when there’s a disaster for personal gains. We will not allow that and anyone found culpable should be prosecuted,” said Khamala.

Bishop Khamala also wants the government to allow the churches to continue with their services and pray to God to avert the crisis, saying pastors and church elders should be allowed to access their church premises for the purposes of prayer.

He said Covid-19 is a demon and can only be fought with prayers and not soap and water.

Ends

Kakamega

By Prof. John Muoma

The Covid 19 pandemic is here with us and from Statistic model, new cases are still in 10’s as the numbers are increasing.

This is a crucial moment and the basic rules of keeping our hands clean and limited movement can slow down or limit the spread of the virus.

Statistical model by one Professor in MMUST show that the numbers are not relenting and are increasing in every second.

With 158 cases recorded in Kenya and four deaths reported, Professor Sibakhale Makhanu, using the Statistical Quadratic model makes predictions which perfectly supports the number of cases reported by the Government of Kenya with a reasonable margin of error.

Hence, for planning purposes, the model clearly informs the government of where we are and where we are heading to with this scourge. This is very important data at this time of war as the President put it.

Considering that the cases are on the higher side of the prediction, the numbers are telling us that we are not properly adhering to the guidelines put in place to contain this pandemic. Most important though, the model is very important and it should put the government at vantage position and enable the relevant authorities plan ahead.

This raises the question how? Just like the importance of census for budgeting and management of the country, the number of cases infected with Covid 19 is very important for the same purpose as it enables the government to know the number of cases they will be dealing with.  Hence based on this prediction model, the government should be able to know how many cases they will be dealing with in March, April and so on up to December.

To do this, they need enough kits to test all and sundry abinitial so as to know the number of cases they are dealing with in future.

This is a humongous task, which can only be done by getting enough kits for testing, work with scientist to develop homegrown cheap testing solutions as they plan to set up laboratories and buy equipment for high throughput testing.

Thinking out of the box government needs a radical approach, which may require a national wide testing of everyone and with homegrown testing approaches; this can be done with all scientists involved.

As of the current status of Covid 19 and learning from what has happened in the US, where they are currently losing up to 1300 people in a day, according to Washington Post of February 25, this year, experts had clearly stated that “if testing was not limited to people showing respiratory infection the situation can be better managed’ an idea which must be put to practice in Kenya.

 Other unfortunate mishap, which happened the same time, was where faulty kits were distributed to 12 laboratories, which were then incapable of testing Covid 19.

The Washington Post editor further notes, that by the time South Korea had tested 35,000 people, the US had only tested 426 symptomatic cases and so did not have a clear position of the number of cases in the US.

This has though changed though late and the US government is currently heavily investing in mass testing and involving molecular biologist in other research areas who are not certified laboratory technician.

The non-certified molecular biologist are involved in the initial and middle stage processing the samples with the Certified technician processing the end stage before the results are released to the patient.

With emphasis on the importance of testing the US scientist at UC Berkley Innovative genomic institute, university of California have set up robotic laboratory capable of processing 1000 samples per day.

This laboratory fully automated has been a public private initiative in response to Covid 19 by scientist and a robotics company in the US.

Following suit on the importance of testing, Group 42 (G42), the leading technology company based in Abu Dhabi, and global genomics leader BGI announced on 31^st march 2020 the launch of a new massive-throughput laboratory built to address the need for population-scale detection and diagnosis of COVID-19 in the United Arab Emirates.

 The lab is capable of conducting tens of thousands RT-PCR tests per day and is the first in the world of this scale to be operational outside of China. The lab showcases the joint commitment of G42 and BGI to the leadership and people of the UAE, working with the nation to combat the COVID-19 pandemic.

Kenya is at a crucial stage and to manage the Covid 19 better, we need to first and far most open up testing centers country wide for mass testing of all Kenyans. Equip the Centers with consumables and reagents required for testing.

The Covid 19 test equipment are basic standard equipment, which can be assembled from any basic molecular Biology laboratory and may not need any financial input from the government. 

Marshal all molecular biologists and involve them with certified laboratory experts to process samples before release of results to the patient.  

As they do this the government just the UAE government which put up a diagnostic laboratory in 14 days should now invest the Covid 19 funds not only in buying sanitizers, soap and masks but proceed and buy high technology equipment which can enable us process hundreds of thousands of samples immediately.

This will be the first major step towards non-reactionary management of Covid 19. We will find our self at an advantageous position considering out current situation, as we will better handle the cases before it gets to a dire state.

Let the government both national and county take vantage of our current low cases and embark on mass testing we may not need admission of most of the cases as some may be managed at an early stage. The pandemic is here with us let us listen to everyone who is ready to help.

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 Andrew Ombuni

President Uhuru Kenyatta has placed Nairobi, Kilifi, Mombasa and Kwale counties under partial lockdown in a bid to curb the spread of Coronavirus.

The residents of the said counties will also not be allowed to travel outside the devolved units.

The announcement came after Uhuru held a closed door meeting with the National Emergency Response Committee.

Uhuru in his address to the nation from Statehouse in Nairobi on Monday, he said 16 more people have tested positive of Covid19, which brings the tally to 158 people who have since tested positive of the virus.

“We have so far tested over 4,277people out which 158 have tested positive. We have recorded six deaths and four recoveries. At least 82 per cent of those who have tested positive are from Nairobi City County and 14 per cent from Kwale, Kilifi and Mombasa,” said Uhuru.

Uhuru also banned movement in Nairobi and three coastal counties that have been worse hit by the Covid19 pandemic.

“That there shall be cessation of all movement by road, rail or air in and out of the Nairobi Metropolitan area and the counties of Kilifi, Kwale and Mombasa. The cessation of movement within Nairobi Metropolitan Area shall be for an initial containment period of 21 days; with effect from 7:00 pm on Monday, 6th April,” Uhuru ordered.

He said the movement of people within the four counties hall continue subject to the nationwide curfew, which shall be restricted and supervised by the Kenya Police.

“The Nairobi Metropolitan Area is designated as Nairobi City County, Part of Kiambu County up to Chania River Bridge (Thika), including Rironi, Ndenderu, Kiambu Town; Part of Machakos County up to Athi-River, including Katani; Part of Kajiado County including Kitengela, Kiserian, Ongata Rongai and Ngong Town; and all other areas as set out in the Order, “said Uhuru.

“Passenger carrying bicycles, scooters, motorcycles, vehicles, railway wagons, and aircraft shall not be allowed in and out of Nairobi Metropolitan Area, Kwale, Kilifi and Mombasa,” he added.

Uhuru said movement of food and other cargo shall continue upon writing to health officials of their travel plans

He also directed the Treasury to utilize the  Sh2billion the government recovered from corruption as well as money allocated for domestic and international travels by both national and county government officers be allocated to fight Covid19 by supplying foods stuffs and water to the needy.

“As we scale up our interventions against the current health pandemic, I direct the National Treasury to utilize the Sh. 2 Billion of already recovered from corruption proceeds to support the most vulnerable members of our society, especially the needy in our urban areas,” he said.

The president also directed the National Treasury to appropriate all domestic and international travel budgets for all State Agencies within the Executive, the Judiciary, the Legislature and the County Governments; and to re-allocate them to combating COVID-19.

Nairobi

By Arden Makale

 Covid-19, a novel Corona virus strain, affects the respiratory functionality of a human being. The contagious virus broke out in Wuhan China in December last year.Covid-19 has spread all over the World, a situation that compelled the World Health Organization (WHO) to declare the virus as a pandemic.

 The declaration meant that countries had to re-adjust on their ways of doing business since the nations are inter-depended. Albeit Kenya Exports Tea, Horticulture etcetera she imports commodities such as Rice, Sugar, Maize etcetera. Though the pandemic prevails across the world, the Balance of trade has been maintained on a flat line so far since most countries are only engaging in exchange of products and services that go directly to managing the Covid-19 pandemic.

  This catastrophe has been an eye opener to various countries, for example, Ugandan President Yoweri Museveni admitted that this pandemic is a wake-up call to African countries and suggested that African Nations should invest in their manufacturing sectors to avoid shortages into the future in-cases of such lock-down decisions by various importing countries. Uganda imports of Seven (7) Billion US Dollar from China has been crippled by this pandemic.

 Kenya being a developing economy, would better re-adjust her thinking on imports and take deliberate measures to see that local manufacturing and services industry are revamped. In the 1980s and 1990s, Kenya made a lot of local manufacturing and imports were majorly on raw materials to support the deficiency on the local available material. Acknowledging the efforts that President Uhuru Kenyatta to resuscitate some of the local manufacturers who made the Kenyan Brand admirable, I say to him it isn’t enough until it’s enough.

 It is in necessity that inventions are made. Covid-19 has come as a necessity that has demanded Kenya to rethink through on our economic strategy. The inventions in our case were due over a period of time, and have come to pass. These has been evident through the pronouncements of President Uhuru Kenyatta and Central Bank of Kenya (CBK) Governor Dr. Patrick Njoroge.

 Their combined raft of measures (inventions) announced as the government in the wake of this pandemic are deduced below:

“Creation of employment opportunities will arise since manufactures will want to meet the rising demand of cheap products and hence the government will collect more on VAT from the increased sales of VATable products and services in the economy, a win to the producer/seller and a win to the government”

 Proposed reduction of VAT rate of Tax from 16 per cent to 14 percent will see the prices of commodities’ go down since the transfer of tax burden to the consumers’ will be reduced. Manufacturers’ will also produce more since their cost of production has been reduced from the purchase of VATable raw materials.

 Creation of employment opportunities will arise since manufactures will want to meet the rising demand of cheap products and hence the government will collect more on VAT from the increased sales of VATable products and services in the economy, a win to the producer/seller and a win to the government.

 The 100 per cent PAYE tax holiday for those earning below Ksh24, 000) and reducing the highest Personal Taxable Income bracket rate from 30 per cent to 25 per cent will see an increase of Kenyans purchasing power. Kenyans will be able to buy more consumables, which they were not able to do before.

 There will be a reduction in the country’s inflation rate due to price cuts that have been necessitated by economies of scale hence strengthening the Kenya Shilling as well as an increased consumption appetite in Kenya’s economy due to availability of the extra money in Kenyans pockets for consumptions.

 Reduction of Turnover Tax from 3 per cent to 1 per cent will encourage the small-scale traders to pay taxes. This rate is almost insignificant to be realized by the traders. Temporary Suspension of Listing in CRBs will also see those who were to be listed get a lifeline since some who utilize aggressive/short term borrowing facilities would have been crippled.

 Taking Voluntary pay cuts by the presidency and Executive will set a president of goodwill and therefore other arms of government will be obliged rather than compelled to follow suit. This will reduce the budgets on salaries, a recurring expenditure and hence channel the difference to a development Vote Head.

 By reduction of tax burdens to employers, the government has enabled them to create additional employment opportunities, which they could not afford because of the tax pinch.

 With this raft of measures Kenyans economy will be on a recovery trajectory into posterity. The president would have left a legacy that will be praised beyond himself. Kenyans would carry their flag with majesty.

 However, these raft of measures be maintained beyond Covid-19 so as to see those industries that are not currently benefiting from these Tax Breaks due to shutdowns by various countries also benefit once the pandemic is normalized. The industries include Tourism, Aviation, Hospitality, Construction, EPZs etcetera. These sectors might be forced to lay-off in case they don’t get to benefit from this Tax Breaks.

 Waive on non-filers penalties for people working from home who might not be internet accessible because of either lack of resources to afford the internet or unavailability of service provides. This is in exception of areas that the Telkom-Google-Loon internet balloons will be available. Subsidies rent from the tenants’ point of collection this would enable the government know all the Landlords.

Kakamega

By Dr. Humphrey Agevi

The novel coronavirus (COVID-19) outbreak was detected by doctors in  Wuhan, China around December, 2019. Although the first case may have began in Hubei Province on November 17 last year.

 The disease has expanded to touch nearly all corners of the globe with countries recording  rise in cases of  infections and deaths. World Health Organisation (WHO) has to that effect declared that the virus is a global health emergency of international concern; the sixth in the world history and rated COVID-19 a global risk of spread and impact as “very high”, the most serious designation that the organisation gives in its ranking.

The disease has spread from Wuhan  and has spread to around 203 countires and territories. As  at now, world figures stand at about  859,829 infections and 42,341 deaths with USA, Italy and Spain being the most affected countires. In Kenya the infections have reached 126 being the second most affected in Africa after Rwanda with  1 death case.

This disease has  caused widespread sicknesses and fatalities and sent global economy towards the edge of recession. Countries have been forced to put in measures aimed at curbing the disease. This among others include total/partial lockdown of cities, isolation of nations, suspensions of international travels which have reduced about 70 per cent of international flights, banning of travels closing learning institutions, putting in measures to reduce public road transport, shutting down of industries/factories or reducing their operations.

 Kenya through a presidential directive for instance has put in dusk to dawn curfew, closed all learning institutions, advised workers to work from home except   those offering esssential services among others allll these aimed at enforcing social distancing to curbe further spread. This in turn has affected normal daily lives including carbon footprints.

“Globally,  China is the leading emitter of carbondioxide at 30 per cent  followed by USA at 15 per cent and Europe at 9 per cent. The biggest 20 companies in the world like Chevron, BP, Shell among others contributes 35 per cent of all energy related carbondioxide emissions. This is equivalent to 480 billion tonnes of carbondioxide”.

The shutdown in industries globally including in USA, China, Italy, Japan among others  has led to drop in consumptions as a result of reduction in operations. For instance coal consumptions in power plants has been reduced to around 36 per cent globally. These industries have resulted to decline in the emissions of carbondioxide (CO₂), Methane (CH₄), Nitrous Oxide (N₂O); greenhouse gases (GHGs) that contributes to  increased effects of climate change.

Globally,  China is the leading emitter of carbondioxide at 30 per cent  followed by USA at 15 per cent and Europe at 9 per cent. The biggest 20 companies in the world like Chevron, BP, Shell among others contributes 35 per cent of all energy related carbondioxide emissions. This is equivalent to 480 billion tonnes of carbondioxide.

The slow in halt or physical operations has impacted on production. For instance Chevron senting home 300  of its staff implies reduced production hence reduced emissions. The reduction in use of fossil fuels and reduction in operations has resulted to carbondioxide cuts by 25 per cent based on Centre for Research on Energy and clean Air (CREA). Air pollution has greatly reduced, the skies are extremely clear which would have been brought about by aeroplanes and industries.

Globally, the aviation industry contributes 2.4 per cent of the total carbondioxide emissions. In US they contribute about 12 per cent of total emissions which is equivalent to 3 per cent of the total carbondioxide emissions.

“The UN has postponed 12 climate change talks which would have contributed to development of policy and agreements regarding the effects of climate change. Key among this meetings is the UN 2020 Biodiversity conference that would have drafted agreements and implement concrete climate change actions”.

Domestic flights in China, USA and EU contributes 55 per cent  of total emissions. COVID-19 has drastically reduced all this which has in turn resulted to a greater decrease in the total grenhouse gase emissions into the atmopshere.

More carbon savings have been made by flights that would have been taken by international delegates being cancelled as a result of posponement of key international conferences.

The UN has postponed 12 climate change talks which would have contributed to development of policy and agreements regarding the effects of climate change. Key among this meetings is the UN 2020 Biodiversity conference that would have drafted agreements and implement concrete climate change actions.

Governments and central banks  globally have been forced to  pool resources to launch sustainable stimulus packages to help save economies and fight COVID-19. For instance US approved 2.5billion dollars as well as the Kenyan President directed central bank to release Shs. 7.38 billion reserve fund to fight the virus. These afforts if also put in climate change fight then would greatly help fight climate change and protect the earth’s biodiversity.

These reductions in carbondioxide would however not be long lasting. The se is due to the efforts being put in place to fight the virus. Once things come back to normal, defeinately countries will lift a number of sanctions they have imposed.

This will mean industries and factories will double production efforts to cover f or the losses made and periods they had reduced operations. This will double the greenhouse gases back into the atmosphere and ravage more on the earth flora and fauna.

There is need then for countries to come up with a policy that will see these companies commit more to carbon credit schemes for the emissions they will have added in the atmosphere. These will greatly offset the gases from the atmosphere.

Dr. Agevi is a Climate Change specialist in the Department of Biological Sciences at Masinde Muliro University of Science and Technology (MMUST)

Nairobi

By Wilson Abiri

The long serving Catholic Archbisop Emeritus Raphael Ndingi Mwana a’Nzeki is dead.

Ndingi Mwana a’Nzeki, 88, died on Tuesday morning after a long illness.

 “A sombre morning as his Eminence John Cardinal Njue has announced the passing on of His Grace Archbishop Emeritus Raphael Ndingi Mwana ‘a Nzeki. Let us pray for the repose of his soul,” a statement from the Archdiocese of Nairobi released to the media read.

He was the first Catholic Bishop to celebrate his episcopal golden jubilee in Kenya in August last year since his ordination.

 “A sombre morning as his Eminence John Cardinal Njue has announced the passing on of His Grace Archbishop Emeritus Raphael Ndingi Mwana ‘a Nzeki. Let us pray for the repose of his soul,” a statement from the Archdiocese of Nairobi released to the media read.

He was thrust into the limelight when he opposed the oppressive Kanu regime that forced voters to queue or line up behind their candidate during the 1988 general elections.

He also risked his life to support victims of the tribal clashes in the Rift Valley.

Fr. Lawrence Njoroge, who was Administrative Secretary of Archbishop Ndingi Mwana ‘a Nzeki at the Holy Family Basilica between 1998-2001 writes that:

“He sat for the Cambridge School Certificate privately and returned excellent results before admission to university to pursue a Bachelor of Arts degree in Political Science and History.”

Fr. Njoroge also reveals that during Nzeki’s tenure as Bishop of Machakos, Nakuru and Nairobi, he invested heavily in education.

The clergy was born in December 25, 1931 in Mwala Machakos, Kenya and joined Kiserian Seminary after completing his Secondary school education.He was ordained as a priest in 1961 and served under then Archbishop JJ McCarthy of the Nairobi Diocese.

Ndingi Mwana a’Nzeki was ordained as a Bishop 1969 and served the dioceses of Machakos and Nakuru before being appointed as Coadjutor Archbishop of Nairobi in 1996 as an assistant to the late Cardinal Maurice Michael Otunga.

He succeeded Cardinal Otunga on April 21, 1997 as the Archbishop of Nairobi and then retired by Pope Benedict XVI on October 6, 2007 after attaining the age of 75 years.

The current Cardinal John Njue who was his assistant in Nakuru succeeded him. Ndingi was one of the clergymen who played an active role in the struggle for the reintroduction of multiparty democracy in Kenya.

He is best remembered for his fearless confrontation of the provincial administration and the police for their role in political clashes of 1992 where 2000 died.

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Kakamega

By Andrew Ombuni

Members of the Kakamega County Assembly have taken a 10 per cent pay cut of their gross salary. The money will be used in fighting the coronavirus pandemic.

The MCAs led by the Deputy Speaker and Mugai-Shirugu Ward rep Leonard Soita Kasaya announced that the MCAs both from the majority and from minority side of the house agreed to take a 10 per cent pay cut for the next three months.

The Deputy Speaker accompanied by Majority Leader Joel Ongoro told the media today at the Assembly premises that the total deductions will be at least Sh1.5million per month totaling to Sh4.5million.

 “Following the spread of Covid19 in Kenya, the National and County Governments have been forced to take drastic measures such as imposing a dusk to dawn curfew and the closure of open air markets will also negatively affect the economy,” said Kasaya.

Kasaya said with the current economic situation in the country, leaders are supposed to marshal resources and use it to cushion the electorate from suffering.

 “That in sharing the burden occasioned by the global health pandemic and to heed to President Uhuru Kenyatta’s call for other leaders to make voluntary deductions in their salaries, we have resolved that we shall be taking a 10 per cent pay cut for the next three months,” read Kasaya.

Mr Ongoro, the Majority Leader, confirmed that the MCAs would be taking a 10 per cent pay cut.

Governors and their deputies have also agreed to take a 30 per cent pay cut of their gross salary.

Council of Governors Chairman Wycliffe Oparanya said County Executive Committee Members would also take a 20 per cent pay cut. County chief officers will take a 15 per cent cut and all county directors and those in job group R taking 10 per cent cut of their gross salary.

“We have also resolved that other cadres are welcome to voluntarily contribute whatever percentage that they deem fit. We also call upon the County Assemblies to follow suit and agree on a figure as this is for the benefit of our people,” said Oparanya.

President Uhuru Kenyatta was the first to  announce that he will be taking an 80 per cent pay cut as well as his deputy William Ruto, saying  Cabinet Secretaries (30 per cent pay cut) as will Chief Administrative Secretaries and Principal Secretaries 20 per cent pay cut.

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