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  • Kampala University campus in Kenya up for sale over $15m debt

    Kampala University campus in Kenya up for sale over $15m debt

    An auctioneer has put up for sale an educational complex in Kajiado County belonging to Kampala International University (KIU) to recover a debt of $15 million owed to mortgage lender Housing Finance.

    Valley Auctioneers on Monday invited bids for the purchase of the complex that sits on a 61.3-acre parcel of land in Kisaju, approximately 1.5 kilometres off the Nairobi-Namanga Highway.

    The incomplete educational complex comprises a four-storey administration block, five five-storey tuition blocks comprising five interconnected blocks, a four-storey library, two kitchen and dining blocks, a five-storey housing block and a hostel block.

    The complex also has a five-storey guest house, a powerhouse, stores block, a security guard block, and a four-bedroom bungalow.

    “All interested purchasers are requested to view and verify the details as the financiers/charges or the auctioneers do not warrant these,” Valley Auctioneers said in a newspaper notice, adding that the sale would be conducted on September 19.

    KIU lost a bid to block the sale of the Kisaju property in April after the Supreme Court dismissed its second appeal in the loan dispute.

    The university borrowed the loan in 2014 to develop its Kitengela campus but defaulted.  Buoyed by the success of its existing campuses, the university sought to expand into the Kenyan market and acquired the land to construct the Kitengela Campus at an estimated cost of $15 million.

    The loan had a 9.5 percent compounded interest rate from January 2018—which means that KIU is required to repay an excess of $24million.

    KIU first approached Housing Finance for the loan in 2010 and the deal was inked in 2014. The land was charged to the mortgage lender as security for the loan.

    According to KIU, the bank disbursed a loan of $10 million in January 2014, but there was a delay in disbursing the balance of $5 million.

    The university then sued for damages, among other demands and Housing Finance filed a counterclaim, which was upheld by the arbitrator, who ruled in favour of the lender in 2019.

    A subsequent appeal to the High Court was dismissed by Justice Margaret Muigai, forcing KIU to head to the Court of Appeal, but suffered the same fate and, unsatisfied, the university escalated the matter to the Supreme Court.

    In April, a bench of five judges of the Supreme Court dismissed the second appeal, saying there was no constitutional interpretation in the matter to allow the apex court to invoke its jurisdiction and determine the case.

    “This court has consistently held that the mere claim by a party to the effect that its rights were violated by a superior court for whatever reason, does not bring the intended appeal within the purview of Article 163 (4) (a) of the Constitution,” the Supreme Court said.   

    The judges added that the appeal by KIU did not fall within any of the exceptions that would justify the court to assume jurisdiction and deal with the matter.

    “In fact, we are satisfied that, by declining to grant leave to appeal in the circumstances of this case, the Court of Appeal was correctly guided by our decisions,” Deputy Chief Justice Philomena Mwilu and Justices Mohammed Ibrahim, Smokin Wanjala, Njoki Ndung’u, and Isaac Lenaola said.

    About Kampala International University

    Kampala International University (KIU) is a private, not-for-profit institution based in Uganda. It was established in 2001 and assumed chattered status in 2009.

    In pursuit of the dream to raise the next generation of problem solvers for the East African region and indeed the whole of Africa, the University operates a multi-campus system which consists of two campuses in Uganda (The Main campus in Kampala and the Western Campus in Ishaka-Bushenyi); one other university in Dar Es Salaam, Tanzania.

    The University which started as a typical degree-awarding institution has now grown into the number one Private University in Uganda and is currently ranked 2nd in Uganda and 4th in East Africa according to the latest 2024 Webometric Ranking. It is a member of the Association of Commonwealth Universities, the Association of Africa Universities as well as the Inter University-Council of East Africa. The University offers a variety of programmes in Health Sciences, Science and Technology, Engineering, Business and Management, Law, Humanities and Education.

  • Mombasa port receives its first LNG-powered ship

    Mombasa port receives its first LNG-powered ship

    The first-ever tanker powered by liquefied natural gas (LNG) to call on the Mombasa port berthed about two weeks ago, an itinerary revealed, boosting the gateway’s go-green emissions strategy in line with the International Convention for the Prevention of Pollution from Ships (Marpol Convention).

    Mv Arctic Tern, currently sailing under the flag of Singapore, delivered a consignment of palm oil from Malaysia to Mombasa. The vessel, which was commissioned on March 14, 2024, is 183 metres long and 32 metres wide.

    As emissions regulations become more stringent, many ship owners are turning to alternative fuels to power their vessels, with LNG emerging as a popular choice.

    LNG used to fuel ships is produced from natural gas extracted from underground reserves, including both onshore and offshore gas fields.

    The arrival of Mv Artic Tern is a boost for the Port of Mombasa as it joins other seaports around the world in implementing MARPOL, the International Maritime Organisation’s (IMO) main convention for the prevention of pollution of the marine environment by ships from operational or accidental causes.

    According to Julius Koech, Director of Maritime Safety at the Kenya Maritime Authority (KMA), the use of alternative fuels is part of the maritime and shipping industry’s efforts to mitigate the effects of climate change.

    “The levels of LNG emissions when burned are significantly low as compared to heavy fuels, which are being used, as it is also an advantage to the ship owner in terms of cost benefits in acquiring fuel,” he said.

    Under the Marpol regulations, all ships of 400 gross tonnage and above that are engaged in voyages to ports or offshore terminals under the jurisdiction of other parties must have an International Air Pollution Prevention Certificate, issued by the ship’s flag State.

    To obtain the certificate, ships must use low-sulphur fuel oil to meet IMO requirements, while refineries can blend high-sulphur (non-compliant) fuel oil with a low-sulphur fuel oil to produce a compliant one.

    Mr Koech said more LNG-powered vessels are expected to enter the market as more players comply with anti-pollution laws.

    “Moving forward we are going to see these kinds of ships plying the seas because the ambitious plan from the international arena is to decarbonise the shipping industry by 2050,” he said.

    Last year, the Port of Mombasa joined other ports around the world in implementing the new IMO Global Sulphur Cap 2020 rule, which came into force on January 1, 2020.

    The rule requires all seagoing vessels to use of low-sulphur fuel as part of a global effort to reduce air pollution by cutting sulphur oxide emissions.

    Mombasa-based Alba Petroleum and Alfoss Energy Ltd were contracted in December last year to refuel ships docking at the port with products containing 0.5 percent sulphur, compared to the previous limit of 3.5 percent.

    The law affects all ship operators, oil refiners, and bunker suppliers. The International Convention for the Prevention of Pollution from Ships aims to reduce sulphur oxide emissions from ships by 77 percent or about 8.5 million tonnes a year.

  • Kenyan court halts proposed leasing of JKIA to Adani

    Kenyan court halts proposed leasing of JKIA to Adani

    Kenya’s High Court has temporarily suspended the proposed plans to lease the Jomo Kenyatta International Airport (JKIA) to Indian conglomerate Adani Enterprises.

    In a case certified as urgent by the High Court, the Kenya Human Rights Commission (KHRC) and the Law Society of Kenya (LSK) challenged the push to take over the running of JKIA by the Indian company for a period of 30 years.

    The two organisations argued that JKIA is a strategic and profitable national asset and the deal is, therefore, irrational and violates the principles of good governance, accountability, transparency, and prudent and responsible use of public money.

    In the deal, the Indian firm would upgrade the airport, including the construction of a second runway and a new passenger terminal under a 30-year build-operate-transfer (BOT) contract.

    https://twitter.com/Its_TheWatchman/status/1833454705466347583

    KHRC and LSK, however, argued that Kenya can independently raise the estimated $1.85 billion or Ksh238 billion needed to expand JKIA without leasing the airport for the stated period.Kenya’s High Court has temporarily suspended the proposed plans to lease the Jomo Kenyatta International Airport (JKIA) to Indian conglomerate Adani Enterprises.

    In a case certified as urgent by the High Court, the Kenya Human Rights Commission (KHRC) and the Law Society of Kenya (LSK) challenged the push to take over the running of JKIA by the Indian company for a period of 30 years.

    The two organisations argued that JKIA is a strategic and profitable national asset and the deal is, therefore, irrational and violates the principles of good governance, accountability, transparency, and prudent and responsible use of public money.

    In the deal, the Indian firm would upgrade the airport, including the construction of a second runway and a new passenger terminal under a 30-year build-operate-transfer (BOT) contract.

    KHRC and LSK, however, argued that Kenya can independently raise the estimated $1.85 billion or Ksh238 billion needed to expand JKIA without leasing the airport for the stated period.

    “Thus, the Adani proposal is unaffordable, threatens job losses, exposes the public, is diproportionate to fiscal risk, and offers no value for money to the taxpayer,” lawyer Dudley Ochiel said in the application. 

    High Court judge John Chigiti certified the case as urgent and granted temporary order, suspending the deal pending the determination of the case.

    The judge directed the case to be mentioned on October 8, to get a judgment date.

    Mr Ochiel submitted that the application will be rendered nugatory and moot if KAA and Adani are not stopped from signing the agreement and Adani goes ahead and acquires JKIA.

    The two organisations said they have written unsuccessfully to JKIA, seeking information under Article 35(1) and (3) of the Constitution of Kenya and section 4 of the Access to Information Act.

    It is LSK’s argument that Kenya would surrender the operational and profitable JKIA to Adani for 30 years in exchange for $1.85 billion. 

    “Thus, the proposal would deprive the public of, and transfer to Adani, all the current revenues, receipts, expenditures and other financial transactions over JKIA. Although the project is dubbed a Built Operate Transfer, KAA would be handing over an existing and operational airport to Adani,” Mr Ochiel said. 

    He added that in the end of the 30 years, Adani would, in perpetuity, retain an 18 percent equity stake in the aeronautical business at JKIA. 

    “Thus, after 30 years, Adani would be entitled to an 18 percent concession fee starting at Ksh6 billion and increasing by 10 percent every five years forever. In this way, the Adani proposal violates Article 201(c), demanding that the burden and benefits of using resources and public borrowing be shared equitably between present and future generations,” he said.

    He submitted that under the deal, Adani would acquire nearly 30 acres of unencumbered land next to JKIA for airport property investment and development business.

    Besides, the proposal entitles Adani to operate tax-free for ten years, import labour, and obtain free work visas, thus depriving Kenyan workers of their livelihood, contrary to Articles 26, 41, and 43 of the Constitution.

  • Kenya police find more female body parts at Nairobi garbage dump

    Kenya police find more female body parts at Nairobi garbage dump

    Details have now emerged of how a dream led to the discovery of at least 11 female mutilated bodies dumped at a quarry in Nairobi’s Kware in Mukuru slum.

    The quarry is being used as a dump site.

    According to one family that claims their kin went missing about two weeks ago, she returned to them in a dream and they believe she is among the recovered female bodies.

    The family says it is in search of their kin after she appeared in a dream that led to the discovery of all the bodies that have so far been retrieved.

    The family believes their kin Josephine Owino Mulongo is among those whose bodies are dumped at the quarry.

    The family says the last time they were together, she received a call from an unknown person and left hurriedly and has not returned since.

    According to the sister, Peris Andika, Josephine appeared in her dream and gave a hint of what had happened to her.

    “She came to me in a dream and asked why I was telling people about her but I couldn’t speak because it was a dream. She started beating me and that’s how I found myself out of the house,” she said on Citizen TV.

    She said Josephine then took her to a hill where she showed her a group of five men in a circle and said it was where she was before disappearing.

    Another family member, Everlyne Namai said she also appeared to her in a dream saying that she was outside in the cold, inside water.

    She said Josephine again appeared in her dream on Thursday asking why they had left her in the cold.

    “She said I am out here in the cold, come and get me, I’m in water.” When Thursday came again, she came and said “My sister, why did you leave me in the cold? I have been stabbed in the thighs and neck. Ask my sister where there is garbage, and come to me there,” Namai narrated what Owino said in the dream.

    It was then that the family decided to find young men who could help them with the search. The search, however, led to the discovery of the bodies that currently stand at 11 even as the search continues today.

    On Saturday, President William Ruto directed the Directorate of Criminal Investigations to speed up the investigation into the deaths of Kenyans whose bodies were found in a quarry in Mukuru, Nairobi.

    The President assured that those behind mysterious killings in Nairobi will be held to account.

    Ruto said the government does not condone extrajudicial killings.

    “All those involved in this heinous act of killing young Kenyans will face the full force of the law,” Ruto said.

    According to Ruto, the killings witnessed in Mukuru were against the constitution and the human rights of any country.

  • Prof. Kithure Kindiki Profile

    Prof. Kithure Kindiki Profile

    Prof. Kithure Kindiki is An advocate of the High Court and the International Criminal Court (ICC), Prof. Kindiki obtained a Bachelor’s degree in Law (LLB) from Moi University and a Diploma in Legal Studies from the Kenya School of Law. He also holds a Master’s degree in International Human Rights Law & Democracy and a PhD in International Law, both from the University of Pretoria, South Africa.

    Earlier in his career, Prof. Kindiki was a lecturer at the Moi University. He also served as a Senior Lecturer and the Head of the Department of Public Law at the University of Nairobi. He rose to be an Associate Dean at the School of Law in the same institution. He also served as the Secretary of National Cohesion under President Mwai Kibaki.

    Prof. Kindiki is the immediate former Senator, Tharaka-Nithi County. He was first elected in 2013 and re-elected in 2017. He was the Senate Majority Leader during the 2013–2017 term and the Deputy Speaker of the Senate from August 2017 to 2020.

    A distinguished scholar in International human rights law, Prof. Kindiki has consulted for local and international organisations including the United Nations High Commissioner for Refugees (UNHCR) and the United Nations Development Program (UNDP) among others. He is a member of the Academic Council on the United Nations System (ACUNS), the International Association on the Study of Forced Migration (IASFM), the Law Society of Kenya (LSK) and the International Commission of Jurists, Kenya Chapter (ICJ-K).