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President William Ruto's Social Health Insurance Act received a major boost today, Friday, January 19 after the Court of Appeal lifted temporary orders that barred its implementation.

The appellate court overturned the orders that were granted by the High Court and allowed the new Act to replace the defunct NHIF Act. 

"We hereby suspend the orders of the High Court restraining the implementation and or enforcement of The Social Health Insurance Act, 2023, The Primary Health Care Act, 2023 and The Digital Health Act, 2023," Justices Patrick Kiage, Pauline Nyamweya and Grace Ngenye ruled.

The judges added that the Health Cabinet Secretary Susan Nakhumicha was right in warning that barring the Social Health Insurance Act would jeopardize the sector.

A photo of Health CS Susan Nakhumicha.

DPPS

They also noted that the local citizens who are supposed to benefit from the Insurance Act were not party to the case in court. 

Nonetheless, the court suspended a directive ordering beneficiaries to only access healthcare services where their contributions to the Social Health Insurance Fund are up to date and active.

This directive was provided under Section 26(5) of the Act which also stipulated that access to public services would only be granted to contributors. 

"The Primary Health Care Act, 2023 Page 21 of 22 and The Digital Health Act, 2023, save for the following provisions of the Social Health Insurance Act that shall remain suspended pending the hearing and determination of the applicant’s appeal in Civil Appeal No. E984 of 2023. 

"Section 26(5) which makes registration and contribution a precondition for dealing with or accessing public services from the national and county governments or their entities. (b) Section 27(4) which provides that a person shall only access healthcare services where their contributions to the Social Health Insurance Fund are up to date and active. (c) Section 47(3) which obligates every Kenyan to be uniquely identified for purposes of provision of health services," they added. 

They also ordered the registrar of the court to allocate a hearing date for Civil Appeal No. E984 of 2023 no later than March 31, 2024, to give a way forward on the suspended sections. 

On November 27, 2023, the High Court issued orders barring the implementation of the new funding system after Health CS Nakhumicha gazetted its rollout.

This was after the Kenya Medical Practitioners, Pharmacist and Dentists Union (KMPDU) filed a petition against the gazettement.

In their case, the unions argued that the government was implementing a new funding system without public participation and that the new Act was going to disenfranchise the local citizens from accessing government services.

Contrary to this, CS Nhakumicha stated that after the system structure had been rolled out, the Ministry of Health together with NHIF, would determine those eligible to access it or retire early without locking out any Kenyan already enrolled in the defunct NHIF.

“For those exiting, I'm sure you'll want to know what the exit package is. We have agreed to a team of people from the ministry, NHIF, and the Public Service Commission to sit together and develop a package," Nakhumicha clarified on November 27, 2023.

President William Ruto speaking during a burial ceremony in Nyandarua County on January 2, 2024.

PCS

The Kenya National Examination Council (KNEC) on Friday, January 19, released the 2023 Kenya Primary School Education Assessment (KPSEA) results.

Parents and other stakeholders, however, will access the results from their headteachers who have the logins to the KNEC CBA portal. 

Officials at KNEC confirmed to Kenyans.co.ke that the results were published online following a directive by Education CS Ezekiel Machogu. 

"We are releasing a notice this afternoon to ask parents to check with their schools," one of the officials stated. 

A screengrab of the KNEC CBA portal

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Headteachers and parents who spoke to us also confirmed the same. 

"KPSEA Assessment Reports have been uploaded on the KNEC CBA portal. We can now download them. We will release results for individual learners and the overall school performance," a headteacher told parents via a WhatsApp group. 

"The Head Teacher is currently downloading the results slips.  We shall communicate to you how you will get the results slips," another headteacher told parents, in a message seen by Kenyans.co.ke. 

The results were, however, released four days after the students reported to their respective schools on Monday, January 15. The Grade 6 students who proceeded to Grade 7 were the first to sit the Kenya Primary School Education Assessment (KPSEA) under the Competency-Based Curriculum (CBC). 

Speaking during Murang’a County Education Day on January 14, the CS Ezekiel Machogu directed teachers to allow students to join Junior Secondary Schools (JSS) before the release of the results. 

Students who could not purchase new uniforms were also asked to report with their Grade 6 ones as they continued with the transition. 

Headteachers were further urged to charge the stipulated school fees and desist from forcing parents to incur extra charges. 

“All the 1,282,574 candidates who sat the 2023 Kenya Primary Schools Education Assessment be allowed to join Grade 7 in the Junior Secondary Schools hosted by their respective primary schools where they attended Grade 1-6," Machogu stated.

"Grade 7 learners be allowed to attend school in uniforms that they used while in Grade 6 in 2023 as parents and guardians make efforts to buy new outfits for the JSS," he added.

A photo of CS Machogu and TSC Chair Dr. Nancy Macharia during the release of 2023 KCSE Results

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TSC

Senior Counsel Ahemdnasir Abdullahi has responded to the Supreme Court's decision to bar him, his law firm - Ahmednasir Abdullahi Advocates LLP - and any other representative from appearing before the apex court. 

Via his social media pages, Ahmednasir wrote "Isn’t it a badge of honour for the most corrupt court in Kenya to refuse me and my law firm an audience?"

Ahmednasir was yet to issue any other response which may be argued as 'given through other channels of communication'.

In the press release sent to Kenyans.co.ke by the Supreme Court and also posted on the SC's social media pages, seven judges of the court unanimously agreed to bar Ahmednasir and his law firm from appearing before it. 

Deputy Chief Justice Philomena Mwilu (left) and Chief Justice Martha Koome (right) during a petition hearing at the Supreme Court on August 31, 2022

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Judiciary

The Apex Court, on Thursday, accused the lawyer of "relentlessly and unabashedly conducting a campaign in the broadcast, print and social media aimed at scandalizing, ridiculing and out rightly denigrating the Court." 

"Given the foregoing, it is the decision of this Court, that henceforth and from the date of this Communication, you shall have no audience before the Court, either by yourself, through an employee of your law firm, or any other person," read part of the statement drafted by Letizia Muthoni Wachira, the Registrar of the Supreme Court. 

Wachira stated that she was authorised by the full seven-judge bench of the Supreme Court of Kenya to address SC Ahmednasir alias the Grand Mullah. 

"Through social media posts, media interviews, and write-ups, you have accused the Court either in its constitutive persona, or individual membership, of acts of corruption, incompetence, and outright bribery. This, you have done with reckless abandon, paying scant regard to the reputations of those who tirelessly serve on the Court in accordance with their Oath of Office.

"Notwithstanding the damage to the reputation of the Court, and the Judges who have served thereon over the years, both in its corporate and individual posture and to render justice to those you represent, the Court has exercised restraint by not deploying the punitive tools available to it against you," the registrar stated. 

Chief Justice Martha Koome, her deputy Philomena Mwilu, and Justices Mohamed Khadhar Ibrahim, Dr. Smokin Wanjala, Justice Njoki Susanna Ndung'u, Isaac Lenaola, and William Ouko argued that they warned the SC that such conduct would in the future, not go unpunished.

Nonetheless, SC Ahmednasir was alleged to have persisted in attacking the leadership and membership of the Supreme Court despite the warning. 

"Much as this decision is bound to affect those who may have instructed you to represent them before the Court, it is untenable that you would seek justice in the very institution and before the very Judges, whose reputation and integrity you never tire in assaulting," Wachira, the Registrar of the Supreme Court noted. 

The Supreme Court, in the communique sent to the lawyer, compiled some of the statements he was accused of generating against the Court.

It further warned that the complication of the statements would serve as evidence against Ahmednasir should anyone question the court's judgement. 

Hon. Justice Lenaola Njagi (left) giving orders as Hon. Justice Smokin Wanjala (right) watches on at the Supreme Court on August 31, 2022

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Judiciary

A Nigerian national was arrested in connection with the murder of a woman in Roysambu in Nairobi County.

Multiple reports indicated that the suspect was arrested on Monday night at the Jomo Kenyatta International Airport (JKIA) while attempting to leave for Abuja. 

The suspect was accused of dismembering the woman at an apartment in Roysambu on Sunday.

Further, two other suspects were taken into custody at Kasarani Police Headquarters for allegedly aiding the Nigeria national. 

Passengers at Jomo Kenyatta International Airport.

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KCAA

Detectives traced the Nigerian national through the CCTV footage which showed the suspect receiving the key used to access the apartment in Roysambu. 

Police officers will piece together the available information to determine the motive of the murder of the 25-year-old. 

Kasarani OCPD Joseph Muriuki explained to the media that they had not informed the family of the recent developments until detectives concluded investigations. 

He explained that police officers traced the Nigerian through his phone contact that he used to book the rental room on Sunday. 

The phone records also showed that on the night of the murder, the suspect was traced to Ruaka before the phone was switched off.

The woman's body was found in a dismembered state and wrapped in a polythene bag and blood-soaked bed sheets on the staircase.

Following the incident, the apartment's manager confirmed that the suspect had booked the room on Saturday at 3:00 pm but did not check out as per the due procedure.

After the scheduled check-out time passed, the caretaker proceeded to the house and found the woman's body.

Following the murder, Kasarani Divisional Criminal Investigations Officer (DCIO) Jimmy Kimari warned owners of short-term rental apartments to install security cameras and also have detailed records of guests booking the premises. 

A photo of affordable houses in Embu County undertaken under the government's housing programme in March 2022.

PCS

Education Cabinet Secretary Ezekiel Machogu has revealed that slightly over 1,000 students scored straight As in the recently released 2023 Kenya Certificate of Secondary Education (KCPE).

Announcing the results on Monday, Education CS Ezekiel Machogu indicated that 1,216 candidates, representing 0.14 per cent, got straight As in 2023 compared to 1,146 in 2022.

Broken down, a total of 7,254 got A- (minus), 18,078 attained B+ (plus), 36,728 got B (plain) while 78,343 got C+ (plus).

In total, 201,133 candidates, representing 22.27 per cent, scored C+ and above and will be eligible for direct access to the university. The improvement in performance was attributed to the new grading system. 

A graphic showing KCSE 2023 performance

Kenyans.co.ke

825 male students achieved As compared to 391 female counterparts while 4,472 male students got A- (minus) compared to 2,782 female students.

"The number of candidates who attained the minimum university entry qualification (Grade C+ and above) was 201,133 (22.27%) in the year 2023 KCSE Examination compared to 173,345 (19.62%) in the year 2022. This is as a result of the application of new grading system," Machogu explained.

The CS revealed that Mathematics, Kiswahili and Biology were among the 12 subjects that recorded significant improvement compared to last year. In total, 30 subjects were administered in 2023.

Other subjects that recorded an improvement include Biology for the Blind, CRE, Business Studies, German, Music, Chemistry, Building Construction, French and Electricity.

A total of 903,260 students sat last year's KCSE exams, an increase from 881,416 candidates who took the exams in 2022.

Of the 899,453 candidates who sat the 2023 KCSE Examination, 450,554 were male, while 448,899 were female, representing 50.09% and 49.91% of the total candidature respectively. 

CS Machogu, in his speech, revealed that President William Ruto promised to hire an additional 20,000 teachers in 2024 and promised that Ksh16 billion had been disbursed for secondary education.

The CS further directed the Directorate of Quality Assurance to investigate why 3,685 registered failed to sit for the 2023 KCSE Examinations with a view to unearthing their true identity and whereabouts.

Education PS Belio Kipsang makes his remarks during the Bennial Universities Fund Conference on February 23, 2023.

EduMin

Students and parents can now access the 2023 Kenya Certificate of Secondary Education (KCSE) results through an online portal. 

This was announced by the Kenya National Examinations Council (KNEC), during the release of the 2023 KCSE results in Eldoret, Uasin Gishu County. 

"Individual 2023 KCSE candidates' examination results will be accessed online through a link on the KNEC website or directly through the URL: results.knec.ac.ke," a statement from KNEC read in part. 

"You will be required to enter the candidate's index number and the name (s) as per the registration data for the 2023 KCSE examination."
 

Entrance to KNEC offices along Dennis Pritt Road in Nairobi.

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KNEC

After entering the Index Number of the candidates, you will be prompted to submit the information. 

If the details provided are correct, the 2023 KCSE results will be displayed on the screen. 

Official result slips will be accessible through examination centres where the candidates sat for their exams. 

Unlike in previous years, candidates will not be able to access the 2023 KCSE results through SMS code. 

CS Machogu announced that the Ministry of Education had discontinued the use of SMS service to check national examination results. 

"We have engaged engineers to make sure the system works perfectly unlike the other time we witnessed issues with the SMS code," Machogu explained. 

In total, 903,260 candidates sat for the 2023 KCSE exams and will be proceeding to different institutions as placed by the Kenya Universities and Colleges Central Placement Service (KUCCPS). 

Education CS Ezekiel Machogu releases KCSE 2023 at Moi Girls High School in Eldoret.

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Education Ministry

Detectives attached to the Directorate of Criminal Investigations (DCI) have arrested Meru Governor Kawira Mwangaza's brother and four other individuals linked to the murder of Meru blogger Daniel Muthiani alias Sniper.

In court documents accessed by Kenyans.co.ke, DCI requested to detain the five suspects for 21 days to allow detectives ample time to conduct thorough investigations. 

The request was filed at Kiambu Magistrates Court hours after the case was transferred from Meru to the Nairobi Metropolis. 

According to the DCI officer in charge of the investigations, the accused persons contacted the Meru blogger, claiming that he would meet with Mwangaza to seek a truce. 

A photo of Meru Blogger Daniel Muthiani Bernard alias Sniper.

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Dan Nyaga

Sniper, a known critic of Mwangaza's leadership, agreed to the request, hoping that they would work together. 

The DCI officer claimed that Sniper travelled from his home in Igembe South sub-county to Meru town, where he met with the accused persons and subsequently went missing. 

"The deceased's wife tried to contact him in vain prompting her to report the matter at Maua Police Station," read part of the court document.

According to the documents, the blogger's body was found at Mutonga River days later, and preliminary investigations linked the accused persons to his murder. 

"The investigating team has vital information that more other people who were involved in the commission of the offence are yet to be arrested," the DCI officer stated. 

"The respondents (accused) have to undergo formal police procedures which include but are not limited to recording statements, interrogation, and subjecting them to mental assessment among other actions."

Speaking to the press on Friday, Kawira Mwangaza's Chief of Staff, Nchamba Mbithi, confirmed that the bodyguard was taken into custody by police officers on Thursday evening.

He, however, faulted the frequent arrests of Mwangaza's staff, claiming that they were living in fear over the matter.

"I am here and we've seen all this propaganda on social media of my arrest. I state that if I'm needed to record a statement at the police station, I will do so willingly," he stated. 

Murega Baichu and his wife Kawira Mwangaza posing for a photo

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Meru County Government

The Court of Appeal has extended the 1.5 per cent Housing Levy deduction until a ruling is issued on January 26.

After hearing an appeal brought forth by the National Assembly and the Speaker of the National Assembly Moses Wetangula, the Appellate Court's three-judge bench ruled that employees still part with the deductions for the fund that was declared unconstitutional by the High Court.

The bench consisted of Justice Lydia Achode, John Mativo and Paul Gachoka.

"Upon hearing the parties, all the applications are consolidated as they arise from the same judgment of the High Court dated November 28, 2023. Civil Application No. E577/2023 is designated as the lead file. The ruling on these consolidated applications will be delivered on January 26, 2024," read the ruling in part.

President William Ruto at the Ruiru Affordable Housing Project, Kiambu County on November 9, 2023.

PCS

"In the meantime, the status quo obtained as of today shall be maintained until the delivery of the ruling. Made at Nairobi January 3, 2024." read the ruling in part.

Notably, before the delivery of the judgement, the government through Attorney General Justin Muturi, pleaded with the court to allow for the deductions to continue until the matter is determined.

According to the government, President William Ruto's programme was beneficial to Kenyans owing to the jobs created. 

The Housing Levy was declared unconstitutional by a three-judge bench made of Justices David Majanja, Christine Meoli, and Lawrence Mugambi on November 28.

According to the three-judge bench, the levy contravened the constitution given that only employed Kenyans faced deductions.

Notably, the government through the leader of the Majority Kimani Ichung'wah tabled the Affordable Housing Bill which also proposes deductions of 1.5 per cent for Kenyans without formal employment.

However, the progress of the bill is expected to drag in court after the Vihiga High Court in December 2023, put a pause on the public participation process until the matter is heard and determined.

Kenyans were required to give their views on the Bill by December 28, 2023.

Meanwhile, Ruto accused some individuals in the Judiciary of sabotaging his development agenda indicating that the government would disobey certain court orders.

“Our Judiciary, we respect you but judicial impunity by corrupt judicial officers must stop in Kenya...we’ll stop it and whatever it takes,” Ruto stated during a funeral in Nyandarua County. 

However, the President came under sharp criticism from the opposition, the Law Society of Kenya (LSK) and Chief Justice Martha Koome.

In her rejoinder, Koome asked judges to continue with their work without intimidation from anyone.

"Where a citizen obtains a court order against the State and that court order is deliberately ignored or disobeyed by State officials, the right of access to justice is undermined because it attacks the effectiveness of the legal system on which ordinary citizens rely to have their rights and legal duties enforced," she stated.

Chief Justice Martha Koome presides over the launch of the National Sexual and Gender Based Violence Court Users Committee (CUC) at the Shanzu Law Courts on November 30, 2022.

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Chief Justice Martha Koome

Chief Justice Martha Koome has hit back at claims propagated by President William Ruto and his allies, alleging that some officers from the Judiciary have been operating with impunity.

In a strong-worded statement on Wednesday, the Supreme Court President called upon all Kenyans to report any act that threatens the integrity of the judicial processes and allow JSC to investigate them. 

She noted with concern that Judges and Judicial Officers were subjected to public criticism for issuing court orders that were perceived to be against State programmes and policies. 

Thus, Koome warned that the Judiciary was an independent and co-equal arm of government. She also urged all Judges and Judicial Officers to continue performing their judicial duties without fear or favour. 

Chief Justice Martha Koome delivering the judgement of the presidential election petition at the Supreme Court on Monday, September 5, 2022

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The Judiciary

"The Commission wishes to draw the attention of State and Public Officers to the fact that the Constitution places positive duties on the State to ensure respect for the law and adherence to the law by providing citizens with effective mechanisms for resolving disputes between themselves and between them and the State. 

"Where a citizen obtains a court order against the State and that court order is deliberately ignored or disobeyed by State officials, the right of access to justice is undermined because it fatally attacks the effectiveness of the legal system on which ordinary citizens rely to have their rights and legal duties enforced," Koome stated. 

She further assured that the Judiciary Service Commission (JSC) kept the Judiciary in order and that any judges or magistrates with questionable behaviour would be investigated promptly.

"The JSC assures all Kenyans that any allegations or complaints of misconduct or corruption by any Judge or Judicial Officer will be dealt with firmly and swiftly in accordance with the Constitution," read the statement in part.

"The JSC has a proven record of taking action against any judicial officer who is found to have breached the Judicial Code of Conduct and Ethics or engaged in corrupt practices. The JSC therefore encourages anyone with information on any act that threatens the integrity of judicial processes and outcomes to report any such cases to the JSC for determinate action."

In a speech targeted at the judiciary while in Nyandarua on Tuesday, the President stated that beneficiaries of corruption had teamed up with corrupt judicial officers to deny Kenyans development.

“Our Judiciary, we respect you but judicial impunity by corrupt judicial officers must stop in Kenya...we’ll stop it and whatever it takes,” the president had said.

The utterances by the president have received condemnation from many quarters with the president of the Law Society of Kenya calling for nationwide peaceful protest next week. 

President William Ruto speaks during the burial of Michael Waweru, father of Nyandarua Senator John Methu in Nyandarua County on January 2, 2024.

PCS

Former Tourism Cabinet Secretary Najib Balala was on Friday arrested by detectives from the Ethics and Anti-Corruption Commission. 

The CS who served under former President Uhuru Kenyatta's administration is being held over graft charges.

Balala is being charged over an irregular payment of Ksh8.5 billion meant for the construction of Utalii College in Kilifi County.

EACC Spokesperson Eric Ngumbi confirmed to Kenyans.co.ke that the former CS was picked up in Nairobi on Thursday evening and spent the night at Kilimani Police Station.

Former Tourism Cabinet Secretary Najib Balala during a visit to Maasai Mara.

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Najib Balala

He is set to be flown to Malindi today where he is expected to take a plea at Malindi Law Courts.

"We arrested him yesterday and he spent the night at Kilimani. He is being transported to Malindi. He will be charged before Malindi Courts," Ngumbi stated.

Balala was arrested alongside three other individuals namely Leah Adda Gwiyo, the former Permanent Secretary in the Ministry of Tourism, as well as a managing partner at an engineering company.

“Investigations were undertaken by the commission regarding the irregular payment of Ksh8.5B by the Tourism Fund out of which KSh4 billion was paid to Baseline Architects Ltd for consultancy services for the proposed Ronald Ngala Utalii College in Vipingo, Kilifi county,” Ngumbi told media outlets.

According to the Tourism Fund website, the institution was 77.74 per cent as of December 2022. It is expected to graduate 3,000 students on campus every year when completed.

Former Interior PS Karanja Kibicho earlier revealed that the institution had been during the reign of the late President Daniel Arap Moi and approved during President Mwai Kibaki's administration.

The construction of the project, however, fully took effect under the Jubilee administration after Uhuru assumed office.

Balala and the co-accused are facing more than 10 charges related to the project.

A collage image of a building of the Ronald Ngala Utalii College (Left) and an impression of the college in Kilifi County.

File