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Supreme Court Makes Decision Affecting SACCOs

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

The Supreme Court on Friday upheld a ruling by the Appellate Court declaring the SACCO Societies (Amendment) Act unconstitutional.

In a ruling delivered by Chief Justice Martha Koome, the Supreme Court found that the Act affected the functions and powers of counties and, as a result, ought to have been considered by the Senate. The court therefore ruled that its enactment without Senate participation was unconstitutional.

“Consequently, we uphold the determination by the Court of Appeal that the Senate ought to have been involved in the consideration and enactment of the SACCO Societies (Amendment) Act No. 16 of 2018,” read part of the ruling by Koome.

The SACCO Societies (Amendment) Act focused on the regulation, licensing, and supervision of Sacco societies in Kenya. The amendment introduced changes to enhance governance, streamline operations, and align the Act with evolving financial and cooperative sector needs.

Members of the National Assembly during a previous Parliamentary session.

Members of the National Assembly during a previous Parliamentary session.
National Assembly

Some of the key aspects of the amendments included adjustments to licensing requirements for SACCO societies, enhancing oversight and regulatory powers for the Sacco Societies Regulatory Authority (SASRA), and provisions to address insider lending and governance issues within SACCO societies.

Although the court declared the Act unconstitutional, it suspended the declaration of invalidity for 18 months from March 21. The court delayed annulling it to allow time for the issue to be addressed.

The ruling now means that SACCOs will be operating under some level of uncertainty in their regulatory environment. With the suspension of the Act’s invalidity for 18 months, Saccos might function under unclear transitional regulations, potentially causing confusion.

Following the suspension, Parliament has a window of time to address the constitutional concerns raised by the court. To rectify the issues highlighted, Parliament may re-submit the Bill to the Senate for consideration and enactment if it wishes for the law to remain in effect after the suspension period.

The Supreme Court also issued rulings on the Equalisation Fund Appropriation Act and amendments made to Sections 3 and 4 of the KEMSA Act by the Health Laws (Amendment) Act, declaring them all unconstitutional.

According to Koome, the National Assembly was wrong to enact both Acts without involving the Senate.

“Therefore, the action of excluding the Senate from the enactment of the Equalisation Fund Appropriation Act, No. 3 of 2018, and KEMSA Act by the Health Laws (Amendment) Act was unconstitutional,” part of the ruling read.

The ruling was also jointly made by Deputy Chief Justice Philomena Mbete Mwilu, and Justices Mohammed Khadhar Ibrahim, Njoki Ndung’u, Smokin Wanjala, Isaac Lenaola, and William Ouko on Friday, 21 March.

Oparanya

Cooperatives Cabinet Secretary Wycliffe Oparanya during the Kenya Union of Savings and Credit Cooperatives affiliate meeting on Friday, December 13, 2024 in Nairobi
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KUSCCO

Source: kENYANS.CO.KE

Govt Exposes Fake Fertilizer Scam

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fake fertilizer

The Anti-Counterfeit Authority (ACA) on Friday, March 21, seized 233 bags of fake fertiliser worth Ksh2.1 million in a crackdown.

The operation, which took place in Molo, Nakuru, saw ACA officials confiscate the counterfeit fertiliser and apprehend the masterminds behind the scheme. The fake product was intended for sale to farmers in the northern parts of Rift Valley.

While taking possession of the counterfeit farm inputs, ACA warned farmers against falling prey to rogue distributors, citing the significant harm such products could cause to their crops.

“We managed to seize 233 bags worth Ksh2.1 million of fake fertiliser and arrested two suspects who are currently facing prosecution under the Anti-Counterfeit Act,” stated Robi Mbugua, an officer at ACA.

fertilizer

A hand holding fertiliser
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Canva

“During this planting period, we urge farmers to be careful and invite anyone to report to us persons distributing fake fertilizer,” another official added.

The latest comes barely a week after Agriculture Cabinet Secretary Mutahi Kagwe ordered the destruction of  27,518 bags of expired fertilizer at various National Cereals Produce Board (NCPB) stores, assuring that the government and the public would not incur any losses.

In a communiqué, Kagwe noted that the costs would be borne by the supplier as the bags were supplied on a consignment basis, with the destruction set to be supervised by the Kenya Bureau of Standards (KEBS).

“Agriculture and Livestock Development Cabinet Secretary Mutahi Kagwe has today ordered the destruction of 27,518 bags of an expired consignment of fertiliser held in various National Cereals and Produce Board (NCPB) stores across the country,” the ministry stated.

“The Kenya Bureau of Standards (KEBS) is to supervise the safe destruction of this consignment of sulphate of ammonia (21%) fertiliser that was delivered to NCPB by the supplier between 27 December 2024 and 6 January 2025,” it further added.

According to the ministry, the consignment delivered to NCPB—totalling 34,100 bags (50 kg)—had initially passed prior tests conducted by KEBS, which confirmed that the fertiliser complied with Kenyan standards.

However, upon delivery, the Board noted the short shelf life of the fertiliser, which was set to expire towards the end of February. Following this discovery, the supplier was notified and instructed to deliver fertiliser with a longer shelf life.

This is as the country has previously been rocked by numerous fake fertiliser scandals, with the most notable one being under the tenure of former Agriculture CS Mithika Linturi. 

Mutahi Kagwe

A photo of Agriculture & Livestock Development Cabinet Secretary Mutahi Kagwe speaking at a past event on Friday, March 7, 2025.
Ministry of Agriculture

Source: kENYANS.CO.KE

Waititu Seeks Fresh Reprieve as He Serves Jail Term

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Ferdinand Waititu

Former Kiambu Governor Ferdinand Waititu on Tuesday, March 18, filed a fresh application seeking to be released on bond as he continues to serve a jail term after he was convicted of graft.

The fresh application came hot on the heels of an appeal against his jail sentence filed by the embattled former Governor, which is still pending.

On Thursday, February 13, Waititu was sentenced to 12 years in prison or pay a fine of Ksh53.5 million after he was found guilty of the illegal awarding of a tender during his time as Kiambu County boss.

During the judgment, Waititu was sentenced to serve five years in jail or pay a fine of Ksh2.5 million. Additionally, the court imposed a mandatory fine of Ksh51 million in default to serve another seven years in prison.

Ferdinand Waititu at Milimani Law Courts

Former Kiambu governor Ferdinand Waititu at the Milimani Law Courts on Thursday, February 13, 2025.
Citizen Digital

Milimani Anti-Corruption Court Chief Magistrate Thomas Nzioki also directed that Waititu’s wife Susan Wangare pay a fine of Ksh500,000 or serve a sentence of one year in prison. However, the magistrate directed that the terms will run concurrently. 

Further, the magistrate found that the conduct of Waititu could not be forgiven since his acts undermined the tenets of good governance. 

”This case is a typical example of a breach of public trust by the former Governor and the co-accused. The offending acts of the accused persons were deliberate, inexcusable, and undermined the tenants of good governance,” Nzioka stated.

Consequently, Waititu filed an appeal while requesting for bail. The courts refused to grant him bail after a successful application by the Director of Public Prosecution (DPP) opposing his bail request.

In his appeal, Waititu had argued his health was diminishing, complaining of chest pains and high blood pressure but all this proved futile with Waititu confined to remand at the Industrial Area prison.

The Chief Magistrate also faulted the accused over the forgery of academic documents including certificates, pointing out that it was not in good taste at a time when young people are faced with unemployment. 

Waititu was jailed together with Luka Mwangi Wahinya (former Chief Officer, Roads, Transport, Public Works and Utilities) who was sentenced to serve 2 years in prison or pay a fine of Ksh1 million shillings and a mandatory fine of Ksh20 million in default to serve 5 years in prison.

Furthermore, the directors of Testimony Enterprises Limited, the company at the center of the tender scandal, Charles Chege Mbuthia and Beth Wangeci Mburu were jailed for 4 years or pay a fine of Ksh2 million shillings with a mandatory fine of Ksh294 million and 3 years in jail or pay a fine of Ksh1.4 million shillings respectively.

Former Kiambu Governor Ferdinand Waititu and his wife Susan Wangari at Milimani Law Courts.

Former Kiambu Governor Ferdinand Waititu and his wife Susan Wangari at Milimani Law Courts.
Photo
ODPP

Source: kENYANS.CO.KE

Senate Summons SACCO Officials Months After Members Demanded Audit

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Police Sacco

Senators from the National Security, Defence, and Foreign Relations Committee have summoned officials of the Kenya Police SACCO over concerning reports about the institution’s management.

Speaking during their meeting on Tuesday, March 18, the Senators resolved that the SACCO officials must provide a detailed report on its management and operations.

Isiolo Senator Fatuma Dillo, who chairs the committee, noted that the matter warranted immediate scrutiny as it involved police officers’ contributions and welfare.

“This is on the welfare of police officers; it is a matter that we really need to know what is happening,” she stated.

Police Sacco

The CEO of the Kenya National Police DT Sacco, Solomon Angutsa addressing members at a past meeting.
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Police Sacco

“Police SACCO officials shall appear before our committee because we want them to highlight clearly what is happening in the institution.”

In the interim, the Senators will examine how the SACCO is managed and whether it adequately serves the interests of its members, the majority of whom are police officers.

The summon comes six months after the SACCO members demanded an audit over alleged mismanagement of funds.

In a petition to the Sacco Societies Regulatory Authority (SASRA) in September 2024, they alleged that the mismanagement of their savings had resulted in losses amounting to millions.

They also noted that they had lost faith in both the board of directors and the Chief Executive Officer (CE)), calling for their immediate resignation.

This summon comes just a month after the Directorate of Criminal Investigations (DCI) arrested four Kenya Union of Savings and Credit Co-operatives (KUSCCO) over a Ksh12 billion scandal that shortchanged several SACCOS in the country.

They are all facing charges of conspiracy to defraud, theft, and making false documents.

After the scandal was unearthed, Inspector General of Police Douglas Kanja stated that the National Police Service (NPS) was committed to uncovering the facts of the multi-billion shilling scandal.

“As investigations continue, NPS remains committed to ensuring a thorough and transparent investigation, uncovering the facts that will see all those involved are brought to book,” Kanja promised.

Kenya Union of Savings & Credit Cooperatives (KUSCCO) Offices located along Kilimanjaro Road, Upper Hill, Nairobi

Kenya Union of Savings & Credit Cooperatives (KUSCCO) Offices located along Kilimanjaro Road, Upper Hill, Nairobi
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Oakara Services
 

Source: kENYANS.CO.KE

Kenyan Long-Distance Runner Suspended Over Doping Allegations

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An image of an athletics track

The Athletics Integrity Unit (AIU) has provisionally suspended Kenyan long-distance runner Kibiwott Kandie for evading, refusing, or failing to submit to sample collection, marking the latest in a series of doping-related cases involving Kenyan athletes.

Kandie, a former half-marathon world record holder, is one of the country’s most prominent athletes. The provisional ban, announced on Friday, is the first step in a disciplinary process that could lead to a longer suspension if Kandie is found guilty of violating anti-doping rules.

The 28-year-old athlete burst onto the international scene in 2020 when he set a new half-marathon world record in Valencia, clocking an impressive 57:32. He has since been a key figure in Kenya’s distance running squad, competing in major events such as the World Athletics Championships.

Under the World Athletics Anti-Doping Rules, a provisional suspension is mandatory in cases involving adverse analytical findings for non-specified substances on the Prohibited List. However, it can also be imposed in other doping-related cases, such as evading sample collection, depending on the circumstances.

An undated photo of Kenyan long-distance runner Kibiwott Kandie during a past race.

An undated photo of Kenyan long-distance runner Kibiwott Kandie during a past race.
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Kibiwott

Under the World Athletics rules, a provisional suspension is not an indication of guilt but rather a precautionary measure to protect the integrity of the sport. Kandie retains the right to a fair hearing, where he will have the opportunity to present his case. Until then, he is barred from participating in any competition or activity related to athletics.

Kandie’s suspension is the latest in a string of doping scandals involving Kenyan athletes. Over the past year, the sport, renowned for its dominance in long-distance running, has seen several of its athletes banned for anti-doping violations.

In March, Lawrence Cherono, a two-time major marathon winner, was provisionally suspended for using a prohibited substance. Similarly, Diana Kipyokei, the 2021 Boston Marathon champion, and Betty Wilson Lempus were banned for doping offences.

The AIU has also suspended other Kenyan athletes, including Philemon Kacheran and Mark Kangogo, for violating anti-doping rules. These cases have raised concerns about the prevalence of doping in Kenya’s athletic programmes and have put the country’s running legacy under scrutiny.

The provisional suspension of Kandie comes just days after World Athletics President Sebastian Coe announced an audit of medals won by Kenyan athletes over the past decade.

The move is part of a broader effort to ensure the integrity of the sport and to address the growing number of doping cases involving Kenyan runners. Coe described the situation as “deeply concerning” and stressed the need for stricter measures to combat doping.

Kenya has long been a powerhouse in global athletics, producing some of the world’s most celebrated long-distance runners. However, the country’s success has been marred by a series of doping scandals, prompting calls for stronger anti-doping measures.

In 2016, the World Anti-Doping Agency (WADA) declared Kenya non-compliant with its code, leading to the establishment of the Anti-Doping Agency of Kenya (ADAK) to address the issue.

A race track.

A picture of an athletics race track.
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Canva

Source: kENYANS.CO.KE

Former Governor Found Guilty in Multi-Million Procurement Scandal

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Nyandarua County

Former Nyandarua County Governor Daniel Waithaka Mwangi has been convicted of procurement irregularities.

Waithaka was convicted on Thursday by the Nyahururu Anti-Corruption Court for wilful failure to comply with the law relating to procurement.

He was convicted alongside former County Executive Committee Member for Water, Energy, Environment, and Natural Resources, Grace Wanjiru Gitonga.

The court found them guilty of two other charges engaging in a project without prior planning and wilful failure to comply with procurement laws.

Daniel Waithaka Nyandarua

Former Nyandarua Governor Daniel Waithaka at a past event.
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Nyandarua County Assembly

According to court documents, the two unlawfully procured the services of a consulting engineering company without a procurement plan for the 2013/2014 financial year.

“The court heard that on April 30, 2014, at the Nyandarua County Government offices, the two, being public officers responsible for the management of public property, failed to comply with the Public Procurement and Disposal Act, 2006,” court documents read in part.

“They unlawfully procured the services of a consulting company without a procurement plan for the 2013/2014 financial year, contrary to Section 26(3)(a) of the Act.”

Furthermore, the governor was convicted of office misuse after the court found that in April 2014, he used his office to improperly confer a benefit to the consulting company.

This followed his decision to award the company a contract for the development of the County Water Master Plan and the design review of the Ol Kalou Town Sewerage System without following the required procurement process.

Following the charges, the former county boss will learn his fate on Monday, March 20, when the case will be mentioned for mitigation and sentencing.

Last month, former Kiambu Governor Ferdinand Waititu was sentenced to 12 years in prison or pay a fine of Ksh53.5 million after being found guilty of irregularly awarding tenders. 

Additionally, Waititu was sentenced to serve five years in jail or pay a fine of Ksh2.5 million and a mandatory fine of Ksh51 million. 

Former Kiambu Governor Ferdinand Waititu and his wife Susan Wangari at Milimani Law Courts.

Former Kiambu Governor Ferdinand Waititu and his wife Susan Wangari at Milimani Law Courts.
Photo
ODPP

Source: kENYANS.CO.KE

Oparanya Reveals Plan to Settle SACCOs' Billions Lost in KUSCCO Scandal

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CS Oparanya

The government has announced a three-year plan to reimburse the billions lost by savings and credit cooperative societies (SACCOs) in the Kenya Union of Savings & Credit Co-operatives (KUSCCO) scandal.

Speaking at the Kenya National Police DT SACCO Best Savers Education Conference in Mombasa on Wednesday night, Cabinet Secretary for Cooperatives and MSMEs, Wycliffe Oparanya, pledged that the Ksh13 billion shortfall would be fully settled by 2028.

Last month, the government directed 247 SACCOs to reduce dividend payouts and allocate funds to mitigate potential losses linked to the multi-billion-shilling fraud at KUSCCO.

The State Department for Cooperatives instructed members to prioritise financial stability over immediate returns by setting aside reserves to cushion against possible losses from their deposits and shares in KUSCCO.

Oparanya

Cooperatives Cabinet Secretary Wycliffe Oparanya during the Kenya Union of Savings and Credit Cooperatives affiliate meeting on Friday, December 13, 2024 in Nairobi
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KUSCCO

However, Oparanya assured members that the government would ensure their accounts were settled, offering a lifeline to those affected by the scandal.

He further disclosed plans to accelerate the establishment of a Deposit Guarantee Fund (DGF) to protect SACCO members from losses in the event of institutional collapse.

“If a SACCO goes down, you can recover your deposits as is done in banks,” Oparanya stated, noting that the legislation to establish the fund remains under Senate review.

A forensic audit by PricewaterhouseCoopers (PwC) uncovered widespread financial malpractice within KUSCCO, including fraudulent bookkeeping, large-scale theft, bribery, unauthorised bank withdrawals, and conflicts of interest involving top executives.

The report revealed that KUSCCO had manipulated financial records to conceal the fraud, falsely projecting profitability. The audit determined that Ksh13.3 billion had been lost, leaving the umbrella body insolvent by Ksh12.5 billion despite having collected Ksh24.8 billion in deposits from 247 SACCOs.

Last month, the Sacco Societies Regulatory Authority (SASRA) attributed the crisis to gaps in legal and policy frameworks. The regulator stated that Ksh14 billion in losses could have been prevented had corrective measures been implemented three years earlier.

The authority warned that policy disparities and sluggish regulatory reforms had allowed KUSCCO to continue operating unchecked, resulting in a 10 per cent core capital erosion across 201 SACCOs.

To prevent future financial scandals, the Cabinet has approved the creation of a SACCO Shared Services Framework. This initiative aims to enable financial institutions to pool resources, adopt financial technology solutions, and enhance collaboration while maintaining operational autonomy.

Additionally, the Cabinet endorsed the establishment of a Central Liquidity Facility (CLF) to facilitate inter-Sacco transactions, short-term lending, and integration into the National Payment System.

“SACCOs with surplus funds can deposit them in the Central Liquidity Facility, allowing other SACCOs to borrow for short- or long-term needs,” Oparanya explained.

The Cabinet also approved reforms to the Deposit Guarantee Fund to strengthen protections for SACCO members, minimise government bailouts, and reinforce financial stability within the cooperative sector.

“By lowering operational costs, fostering innovation, and boosting public confidence, these reforms position SACCOs as key players in Kenya’s financial inclusion and economic empowerment agenda,” read part of the Cabinet’s dispatch.

The Sacco Societies Regulatory Authority (SASRA) CEO Peter Njuguna speaking during the launch of a report on the role of SACCOs as international remittance providers in Kenya, October 17, 2024.

The Sacco Societies Regulatory Authority (SASRA) CEO Peter Njuguna speaking during the launch of a report on the role of SACCOs as international remittance providers in Kenya, October 17, 2024.
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SASRA

Source: kENYANS.CO.KE

Mutahi Kagwe Orders Destruction of Over 27,000 Bags of Fertilizer

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Mutahi Kagwe

Agriculture Cabinet Secretary Mutahi Kagwe on Thursday ordered the destruction of 27,518 bags of expired fertiliser at various National Cereals Produce Board (NCPB) stores, assuring that the government and the public would not incur any losses.

In a communiqué, Kagwe noted that the costs would be borne by the supplier as the bags were supplied on a consignment basis, with the destruction set to be supervised by the Kenya Bureau of Standards (KEBS).

“Agriculture and Livestock Development Cabinet Secretary Mutahi Kagwe has today ordered the destruction of 27,518 bags of an expired consignment of fertiliser held in various National Cereals and Produce Board (NCPB) stores across the country,” the Ministry stated.

“The Kenya Bureau of Standards (KEBS) is to supervise the safe destruction of this consignment of sulphate of ammonia (21%) fertiliser that was delivered to NCPB by the supplier between December 27, 2024, and January 6, 2025,” it further added.

fertilizer

A hand holding fertiliser
Photo
Canva

As per the ministry, the consignment delivered to NCPB, a total of 34,100 bags (50 kg), came after prior tests done by KEBS had revealed that the fertiliser complied with Kenyan standards.

“Prior to contract execution, samples of the fertiliser were drawn by the Kenya Bureau of Standards (KEBS) for testing, and the results indicated that the fertiliser complied with the requirement for Sulphate of Ammonia (21%N) and NPK fertilisers as per Kenyan standards,” noted the Ministry.

However, upon delivery, the Board noted the short shelf-life of the fertiliser, which was set to expire towards the end of February. Upon the discovery, the supplier was notified and instructed to deliver fertiliser with a longer shelf life. 

“Upon supply, NCPB noted the short shelf life, which was to lapse on February 28, 2025, as indicated in the packaging material. The supplier was notified of the same and requested to deliver fertiliser with a longer shelf life, as the entire consignment was unlikely to be sold by the end of February,” it explained.

With concerns by Kenyans rife about the possibility of the fake fertiliser getting into the market, Kagwe moved to reassure citizens that the fertiliser would be secured and destroyed.

“Per standard operating procedures, the unsold fertiliser would not be released to the market and would be safely destroyed,” he averred.

The latest comes after the country has previously been rocked by numerous fake fertiliser scandals, with the most notable one being under the tenure of former Agriculture CS Mithika Linturi. 

In March 2024, President William Ruto and his administration went through heavy criticism after it emerged that government officials were knowingly distributing fake fertiliser to farmers to use during the busy planting season. 

The scandal, which implicated NPCB, came to light after KEBS revealed that the NCPB officials had conspired with intent to defraud Kenyan farmers and sold a total of 139,688 bags of 25 kg each of soil amendment and conditioner valued at Ksh209 million, purporting it to be a genuine fertiliser. 

Maize silos and driers at the Eldoret National Cereals and Produce Board (NCPB) depot.

Maize silos and driers at the Eldoret National Cereals and Produce Board (NCPB) depot.
Photo: NCPB

Source: kENYANS.CO.KE

Why KeNHA Will Dual Kiambu Road Despite Karura Forest Scandal

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Traffic snarl up along Kiambu Road

Senior Counsel Peter Wanyama has announced that a court ruling has permitted the commencement of road construction for the dualling of the Muthaiga-Kiambu-Ndumberi Road (B3) by the Kenya National Highways Authority (KeNHA).

This comes despite a December court ruling that had barred the construction following a petition opposing the project, which is set to cut through part of the historic Karura Forest.

In a statement on Thursday, March 6, Wanyama revealed that he had taken over the case earlier this year and was able to have the judge reverse the orders halting the construction. 

According to the former Law Society of Kenya (LSK) Presidential candidate, he managed to have the judge vary the orders and allow KeNHA to proceed with the construction on portions further away from the forest.

An image of the serene walking track in Karura Forest, Nairobi.

An image of the serene walking track in Karura Forest, Nairobi.
Facebook
Karura Forest

“Yesterday, I managed to get the judge to vary the orders to allow KeNHA to start constructing the road two kilometres away from Karura Forest,” part of the statement read.

“So, KeNHA will start constructing the road just before the Kiambu Road junction, all the way to Ndumberi. The Karura portion will wait for the determination of the substantive petition, which the judge has fast-tracked for hearing later this month.”

When reports emerged that the government was planning to cut through 51.64 acres of the forest to facilitate the dualling, public uproar ensued, culminating in a petition filed in late 2024.

However, the Kenya Forest Service (KFS) was quick to debunk these claims, clarifying that only about 5.4 acres of Karura would be affected by the construction which had been reportedly gazetted in 1951.

“Kiambu Road wayleave was gazetted in 1951 and has therefore existed within the Karura Gazetted Forest since the pre-independence era,” part of the statement read.

“Therefore, the intended expansion of Kiambu Road will be within the wayleave, and the notion that Karura Forest is being given out for the expansion of Kiambu Road is false, except for the planned interchange measuring 2.2 hectares (5.4 acres).”

In a High Court ruling on December 20, 2024, Environment and Land Court Judge Anne Omollo issued conservatory orders halting the construction altogether following a petition filed by the Greenbelt Movement.

“The Court hereby issues conservatory orders prohibiting the Respondents or their agents from carrying out the planned construction or any other activity related to the construction of the recreational facility, the ablution block, and the dualling of Kiambu Road affecting Karura Forest Reserve, pending the hearing and determination of the motion,” Judge Omollo stated.

A hearing later this month is set to determine the fate of the remaining portion of Karura Forest required to complete the project.

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Karura Forest in Nairobi
File

Source: kENYANS.CO.KE

How KUSCCO’s Ksh14 Billion Loss Could Have Been Avoided

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Kenya Union of Savings & Credit Cooperatives (KUSCCO) Offices located along Kilimanjaro Road, Upper Hill, Nairobi

According to the Sacco Societies Regulatory Authority (SASRA), legal and policy lacunas are to blame for the billions in losses at the Kenya Union of Savings and Credit Cooperatives (KUSCCO).

According to the Sacco regulator, its members have lost Ksh14 billion, which could have been stopped nearly three years ago. The body says that disparities in policy and the slow pace of developing new policies created a loophole for KUSCCO to continue operating, a factor that has resulted in the loss of 10 per cent of core capital in 201 Saccos in the country.

An attempt to change the laws initiated in 2022 could have saved billions of shillings, according to the regulator.

A forensic audit conducted by PwC revealed significant financial misconduct at KUSCCO where high-ranking executives illicitly forged the signature of a deceased auditor to authorise manipulated financial statements. This fraudulent activity jeopardised Ksh13.3 billion in Sacco deposits.

The Sacco Societies Regulatory Authority (SASRA) CEO Peter Njuguna speaking during the launch of a report on the role of SACCOs as international remittance providers in Kenya, October 17, 2024.

The Sacco Societies Regulatory Authority (SASRA) CEO Peter Njuguna speaking during the launch of a report on the role of SACCOs as international remittance providers in Kenya, October 17, 2024.
Photo
SASRA

The audit uncovered a range of unethical practices including extensive embezzlement, bribery, and deliberate financial misreporting, culminating in a staggering insolvency of Ksh12.5 billion.

In an interview with NTV’s Julians Amboko, SASRA CEO Peter Njuguna revealed that KUSCCO, which was created as an advocacy union for Saccos, had begun wading into the financial services, which prompted the regulator to ask questions.

That was in 2022. After exchanges between SASRA and KUSCCO, the authorities realized their discussion was about policy—specifically, whether SASRA had the mandate to regulate KUSCCO, a secondary Sacco whose membership is other SACCOs or cooperative societies rather than individuals.

SASRA maintained that KUSCCO should not enter into financial services and should remain in its advisory role. But, since no actual policy or law was forcing SASRA to mandate KUSCCO, it wrote to then Cooperatives and MSMEs Cabinet Secretary Simon Chelugui, seeking help to establish policy reforms.

“We are looking at a situation where if these policy reforms were concluded, I think we would be having a different story. KUSCCO would have separated (advocacy and financial) maybe for the last three years,” Njuguna told NTV.

Njuguna explained that as investments in government stocks began to decline, SASRA started asking its members to revisit their investment choices. This prompted several Saccos to reconsider their investment levels in KUSCCO, helping some of them mitigate losses.

“We started winding down in KUSCCO; that was evident. And it was assumed it is us (SASRA) who are discouraging Saccos from investing there (KUSCCO),” he said.

Adding, “We were asking questions. Asking our members, where are you putting your money? And out of that, some made the decision that in the boardroom, we would only invest in regulated entities. If it is a non-regulated entity, we put this little.”

However, according to Njuguna, Kenyans who have money in the Saccos should not be worried since the financial hit will not affect deposits in the Saccos. According to the SASRA boss, the loss, although significant, will only affect dividends and interests and not actual savings in Saccos.

“Their deposits are safe. There is no cause for alarm. Don’t make panic withdrawals because panic will actually cause a crisis,” he asserted. Adding, “Most Saccos have enough liquidity to cushion against any risks.”

KUSCCO

Delegates in a Kenya Union of Savings and Credit Cooperatives function on Wednesday, August 21, 2024 in Rift Valley
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KUSCCO

Source: kENYANS.CO.KE