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Monday, September 30, 2013

KDF soldiers entering Westgate mall on September 21, 2013 after terrorists attacked Westgate mall. A composition that a pupil wrote at school helped detectives identify a key witness who may provide crucial information on the Saturday’s Westgate Mall attack.  Photo/JEFF ANGOTE
KDF soldiers entering Westgate mall on September 21, 2013 after terrorists attacked Westgate mall. A composition that a pupil wrote at school helped detectives identify a key witness who may provide crucial information on the Saturday’s Westgate Mall attack. Photo/JEFF ANGOTE 
By Nation Reporter
A composition that a pupil wrote at school helped detectives identify a key witness who may provide crucial information on the Saturday’s Westgate Mall attack.
The pupil in a Nairobi school, told how his aunt’s life was saved by a stranger who warned her to leave the mall just one hour before the deadly attack.
The woman was at the mall when a man approached and advised her to leave as quickly as possible since “there was going to be a stampede.”
The pregnant woman, who stays in Gigiri, rushed home and shared the information with the family members.
Her nephew then went to school and when asked to write a composition about how he spent his Saturday, he narrated how his aunt survived the attack following the warning.
According to the pupil’s teachers, who contacted the police about the composition, he had written about what his aunt had told him.
Through the child, detectives traced the woman who Wednesday gave a detailed description of the man and how he warned her.
“The woman was told to leave the mall because being pregnant, she could not manage to get out because of the mayhem that was about to unfold. We believe she will give useful information to assist us,” the investigator said.
This, detectives say, indicates the group had positioned themselves in strategic positions around the mall.

Pupil’s essay may lead to key Westgate attack suspect

KDF soldiers entering Westgate mall on September 21, 2013 after terrorists attacked Westgate mall. A composition that a pupil wrote at school helped detectives identify a key witness who may provide crucial information on the Saturday’s Westgate Mall attack.  Photo/JEFF ANGOTE
KDF soldiers entering Westgate mall on September 21, 2013 after terrorists attacked Westgate mall. A composition that a pupil wrote at school helped detectives identify a key witness who may provide crucial information on the Saturday’s Westgate Mall attack. Photo/JEFF ANGOTE 
By Nation Reporter
A composition that a pupil wrote at school helped detectives identify a key witness who may provide crucial information on the Saturday’s Westgate Mall attack.
The pupil in a Nairobi school, told how his aunt’s life was saved by a stranger who warned her to leave the mall just one hour before the deadly attack.
The woman was at the mall when a man approached and advised her to leave as quickly as possible since “there was going to be a stampede.”
The pregnant woman, who stays in Gigiri, rushed home and shared the information with the family members.
Her nephew then went to school and when asked to write a composition about how he spent his Saturday, he narrated how his aunt survived the attack following the warning.
According to the pupil’s teachers, who contacted the police about the composition, he had written about what his aunt had told him.
Through the child, detectives traced the woman who Wednesday gave a detailed description of the man and how he warned her.
“The woman was told to leave the mall because being pregnant, she could not manage to get out because of the mayhem that was about to unfold. We believe she will give useful information to assist us,” the investigator said.
This, detectives say, indicates the group had positioned themselves in strategic positions around the mall.

Bishop Morgan Ogechi kneels down to pray outside Westgate mall following attack by the terrorists. 24th September 2013 Photo/ ANTONY OMUYA
Bishop Morgan Ogechi kneels down to pray outside Westgate mall following attack by the terrorists. 24th September 2013 Photo/ ANTONY OMUYA  
By Nation Reporter
Religious leaders of all faiths Wednesday offered to conduct joint prayers for the victims of the Westgate terror attack on Tuesday next week.
The prayers will be at the Kenyatta International Convention Centre.
The clerics took turns in condemning the terror attack in which 61 civilians, three Kenya Defence Forces soldiers and three GSU officers were killed and more than 240 other people injured.
CONSOLE EACH OTHER
“Terrorists profess no religion and have no borders. We should get together as a nation and console each other. We should support our security forces to fight these criminals.
“Somalia is occupied by only one community and there is no other faith but Islam, yet the terrorists have been butchering innocent people there,” said secretary general of the Supreme Council of Kenya Muslims Adan Wachu.
Interior Principal Secretary Mutea Iringo said Tuesday’s inter-faith national prayers would be the first of many similar events.
It will be a permanent feature of interaction between the State and religious groups, he said.
The function is scheduled to take place between 10am and 1pm.

A police officer has been arrested for robbing a woman at Capital Centre, Nairobi. PHOTO/FILE
A police officer has been arrested for robbing a woman at Capital Centre, Nairobi. PHOTO/FILE 
By ZADOCK ANGIRA
A police officer attached to Nairobi’s Shauri Moyo police station has been arrested in a botched robbery incident.
The police constable and his accomplice are accused of confronting a woman at the parking lot of the Capital Centre shopping mall and robbed her of cash and other personal valuables.
The victim told the police that when she was about to enter her car, the two ambushed her.
She said she obliged to their demand for her valuables and it was other shoppers who alerted police officers on patrol within the mall.
The officer’s firearm, a revolver loaded with five rounds of ammunition, was confiscated.
Makadara CID chief Zack Nangulu has said that the officer will be arraigned on Friday.

Mr Hamis Hassan Osman (left) and Mohamed Bashir Mohamed, a form one student at a Mombasa High Court on September 30, 2013. Photo/GEORGE KIKAMI
Mr Hamis Hassan Osman (left) and Mohamed Bashir Mohamed, a form one student, at a Mombasa High Court on September 30, 2013. Photo/GEORGE KIKAMI  NATION MEDIA GROUP
By GALGALO BOCHA
A form one student from a school in Nairobi has been charged with murder before the High Court in Mombasa.
Mohamed Bashir Mohamed, from Uhuru High School, was accused alongside MR Hamis Hassan Omar but they both denied the charges.
The charge sheet before Justice Martin Muya states that the offence was committed on the night of September 4, 2013 at Majengo Mapya in Likoni, Mombasa County.
Lawyer John Magiya who represented Omar asked the trial judge to release him on reasonable bond term to allow him continue with his studies.
“My lord, the accused is minor and a form one student at Uhuru High School.
CONFIRM HIS AGE
“He is 15 years old according to his school documents which I will produce in court to confirm his age,” added Mr Magiya.
State counsel Sarah Ogweno told the court that investigations into the case have been completed and she is not opposed to the application
Justice Muya ordered the prosecution to ensure probation report is prepared and produced in court regarding the age of the accused minor.
“The investigation is complete and we shall leave it to the court to verify whether the accused is a form one student,” he added.
The judge further ordered that the case be mentioned on Tuesday next week.

Workers at the Kenya Petroleum Refineries Limited. Photo/FILE
Workers at the Kenya Petroleum Refineries Limited. Photo/FILE 
By IMMACULATE KARAMBU
The government wants to end its partnership with a firm that controls a 50 per cent stake in the Kenya Petroleum Refineries Limited.
In a letter dated September 12, 2013, Energy Principal Secretary Joseph Njoroge sought legal assistance from the Attorney General on how to terminate the agreement between the government and the firm Essar Energy Overseas Ltd.
LEGAL OPINION
“Essar Energy Holdings of India has not lived to the expectations of the government to upgrade KPRL as initially agreed. It will be prudent for the government to disengage Essar in equity participation in KPRL to allow GOK seek a serious investor to modernise the refinery,” read the letter.
“The purpose of this letter therefore is to seek your legal opinion on termination of the shareholders agreement between GOK and Essar Holdings of India.”
NIGERIAN INVESTORS
The letter, seen by the Nation, was copied to the Cabinet Secretary for Energy and Petroleum Davis Chirchir and National Treasury Principal Secretary Kamau Thugge.
Interestingly, the letter was written just days after an entourage of investors from Nigeria visited the country and expressed keen interest in investing in the local energy industry, specifically in the nascent oil and gas sector and electricity generation.
During the investment forum, Nigerian investors, including Africa’s richest man Mr Aliko Dangote, held discussions with Mr Chirchir on key investment opportunities in the local oil and gas sector.
Parliamentary committees on Public Investments and Energy have already opened probes into the affairs of KPRL, whose inefficiency due to reliance on old refining technology has resulted in huge losses for oil marketing companies and high fuel prices for consumers.
On Monday, the House committee on Energy, Communication and Information adjourned its hearing of the status of KPRL after it emerged that representatives from the Ministry of Energy and Petroleum, led by Mr Njoroge who appeared before it, were not adequately prepared with information regarding how Essar acquired half of KPRL’s shareholding.
According to a brief presented to the energy committee by the Energy ministry, until May 2003 when the Cabinet resolved that the ministers of Finance and Energy take on board interested investors to dilute existing shareholders while injecting the required capital needed for the upgrade, KPRL was owned by the government and international oil marketing companies.
The facility was a joint venture between the government (50 per cent), Shell Petroleum Company (17.1 per cent), BP Africa (17.1 per cent) and Chevron Global Energy Inc (15.8 per cent).
Essar Energy Overseas Ltd acquired the shareholding of the three oil marketers at a cost of $10 million.
According to the Energy ministry, Essar had offered a goodwill of $11 million in exchange of a waiver by the government to exercise its pre-emptive rights to acquire the 50 per cent shareholding, as was provided for in the company’s Articles of Association.
INITIAL COMMITMENT
“However, following Essar’s success in a competitive bid process floated by the private shareholders (oil marketing companies), the company changed the goodwill offer from the initial amount of $11 million to $2 million,” read a statement from the ministry of energy.
Essar has been faulted for failing to honour its initial commitment, which, according to the government, has created a shortage of cash to finance upgrade of the refinery.
The Energy Regulatory Commission, in a letter  dated April 26, 2013 to the former Energy Permanent Secretary Patrick Nyoike said the economy was losing billions annually as a result of inefficiencies at the refinery, hinting that a shutdown of the facility could be a solution to lowering the cost of fuel.
“While the motive to protect KPRL was noble, the effect of this policy has been massive loss to the economy resulting into higher consumer prices. In the last 28 months when ERC has been regulating prices, the economy has lost about Sh13.5 billion being the price difference between product sourced from KPRL and product directly imported as refined products,” read part of a letter signed by former ERC director-general Kaburu Mwirichia.
Oil marketing companies are demanding more than Sh7 billion from KPRL, which Deloitte Consulting estimates to be the product yield loss that the marketers have suffered at the hands of inefficient refining technology employed by KPRL.

Thick smoke bellowing from the Westgate Mall after a huge explosion on September 23,2013. Photo/WILLIAM OERI
Thick smoke billowing from the Westgate Mall after a huge explosion on September 23,2013. Photo/WILLIAM OERI 
By Macharia Gaitho
It takes politicians to divide us, and terrorists to unite us. Confession: I didn’t compose that one, it’s one of the gems our irreverent wags will always share free-of-charge on Facebook and Twitter, and it’s a most apt observation in the wake of that dastardly terrorist assault in Nairobi’s Westgate Mall.
The shared horror, anger and outrage united Kenyans more than ever before. That’s the spirit that should be seized on promptly before politicians get up to their same old divide-and-rule tricks.
Already, precious moments are being lost. The aftermath of the Westgate attack provided the ideal opportunity to start crafting a new ethos built on national pride, unity and patriotism.
Instead, we have been distracted by indications that the moments of bravery and heroism that filled us with so much pride could eventually be overshadowed by revelations of infighting, a bungled rescue and numbers that don’t add up in relation to fatalities, the missing and whether the terrorists were killed, captured or just disappeared into thin air.
It is not too late. Even as clearly overwhelmed Interior Secretary Joseph ole Lenku waits for forensic pathologists to provide answers to all the burning questions, President Uhuru Kenyatta can go beyond the pussyfooting and the blame games to strike while the iron is hot.
Inadequacies in our national security system have been all too clear in the wake of the attack. The president will have all the public support if he moves speedily to sack all the blundering fellows more intent on CMA — Cover My Ass — diversions than in national security.
FACE CRIMINAL CHARGES
All the key honchos in the security establishment, from the be-medalled chiefs at the Kenya Police Service, Kenya Defence Forces and National Intelligence Service onto the clueless Cabinet Secretaries and Principal Secretaries at the ministries of Interior and Defence, should be given “show cause” letters.
That bureaucratic and inter-agency infighting might have prolonged the Westgate siege is reason enough for all those found culpable to not only lose their jobs, but also face criminal charges for causing the death of innocents through dereliction of duty.
Next, we must also move fast to seize the moment and deliver crushing blows against Al Shabaab. The Kenya Defence Forces are already in control of a large swathe of southern Somalia and must have a pretty good idea where the key command and control centres of the terrorist group are located.
They should move with speed in attempt to cut the head of the snake.
Locally, it is time to take out the Kenyan cells. The security agencies have known for a long time there are key recruitment, indoctrination, coordination, fund-raising and banking centres at the service of Al Shabaab in Nairobi, Mombasa, Garissa, Wajir and other towns.
For unclear reasons they have tolerated them. Now there is every reason to hit them without mercy. It doesn’t pay to play soft with terrorists.
The supply lines must be shut and the steady infiltration from lawless Somalia into Kenya permanently halted. All Somali nationals who are illegally in Kenya must be arrested and deported.
The Kenyan immigration officials and border-control police who facilitate the terrorist infiltration must also be rounded up, together with their respective Cabinet Secretaries, put on a plane and parachuted somewhere in the middle of Shabaabland to consort with their friends.
The refugee camps in North-Eastern Kenya that provide the easiest avenue for “legal” infiltration must also be relocated lock-stock-and barrel to the liberated zones across the border.
This is not a knee-jerk reaction. Neither is it a call for suspension of human rights and constitutional liberties. It’s simply what must be done.
In the meantime, let’s resist the temptation to make political capital out of the disaster. I have already seen the social media armies at the service of President Kenyatta and Deputy President William Ruto saying that the two cannot now honour summonses by the International Criminal Court in the wake of a pressing national emergency.
That is an insult to the dead. It might also cause some of us to start putting two and two together.
By Kwamchetsi Makokha
Looting! That word is being spoken again in the same breath as the heroes who wear uniform and go rushing in where angels fear to tread.
Somehow, millions of shillings in cash and property were stolen in the hours when only the security forces and humanitarian workers could access the Westgate Shopping Mall during last week’s attack on it.
Police were first accused of looting, as well as murder and gang rape, in the report by the Commission of Inquiry into the Post-Election Violence in 2008.
The ethos of looting – and general criminality -- has remained a large part of the anatomy of the police service, evident in extra-judicial executions, torture and extortion. It survives to date because all efforts to reform the police for decades have been taken captive.
Public anger stemming from the Westgate tragedy has been cleverly directed at Interior Cabinet Secretary Joseph Ole Lenku.
His penchant for sucking on his big toe has made it easy for the media to fry him, salt and serve him to the public as a misplaced incompetent.
Yet, a security minister is only as good as the forces he leads. If Ole Lenku’s statements are inaccurate, or even misspoken, it is not because he went into the Westgate Mall and counted the hostages.
It is not because he chose bombardment over storming, or arrested any of the terrorists. It is not because he ordered the Kenya Defence Forces to take charge. He looks bad because he is deliberately being fed information designed to make him appear foolish.
These games are the pastime of securocrats who believe that they run the country and should not be subject to civilian authority or oversight. It is the same cabal that is more interested in collecting takings from transport operators than enforcing the traffic law.
It is the same column that derives pleasure from gunning down suspects rather than arresting them to collect information. It is the cover-up squad, and it has been in charge of the security services in spite of all the efforts at reform.
This axis often resorts to blackmail and threats when confronted – as was the case when public debate raged last year on appointing a civilian to head the police service, or in the recent contestations about where to locate certain powers between the Inspector-General of Police and the National Police Service Commission.
Doubtless, there are heroes in the police service. There are valiant men and women in the defence forces, and there are patriots in the intelligence services, but they are not in charge. Their voice has been muted by those who look at the Constitution and the law as mere decorations to festoon office cabinets.
If Kenya wants real security, it should allow the greenhorn, unsure and inarticulate Joseph Ole Lenku to lead reform of the security services by breaking down their rationale to one thing:
We do not care for the complexity of what they do, we just want our country safe. If there was ever an outsider with no interest in buying security equipment and supply contracts, it appears President Uhuru Kenyatta has indeed already found the right man.
kwamchetsi@formandcontent.co.ke, Twitter handle: @kwamchetsi

Harish Patel during the interview at Laico Regency on September 27 2013. He helped save lives during the Saturday Westgate Mall attack. Photo/PHOEBE OKALL
Harish Patel during the interview at Laico Regency on September 27 2013. He helped save lives during the Saturday Westgate Mall attack. Photo/PHOEBE OKALL 
By NJERI RUGENE
Harish Patel has seen many cadavers in his life. Accident victims mangled by metal and tarmac. Gunshot victims surprised by the high velocity of lead. Bodies gnawed away by disease.
Harish has also seen at least one famous body – that of 2004 Nobel Peace Prize Laureate, environmentalist Wangari Mathaai, which he helped cremate two years ago this month.
But nothing prepared Harish for the sight he encountered at Westgate mall last Saturday.
Harish had been driving to his house in Parklands when he received a call informing him of gunshots at Westgate. He was less than a minute away so he immediately put his car in reverse, turned around and sped to the mall.
Harish is not an undertaker. He is a jack-of-all-trades. By day he is an operations manager at an aviation company in Nairobi. But his other life is much more dramatic.
A member of Krishna Squad, a Parklands vigilante group that describes itself as a self-help organisation, Harish can be found handing out food donations to children in Nairobi’s slums or volunteering at the Hindu crematorium in Kariakor.
Now he was just about to become a hero and a lifesaver.
Arriving at the mall, Harish could hear the pop! pop! pop! of small arms fire.
“This must be a robbery,” he thought to himself as he got out of his car. His hand went to his waist and he felt the cold steel of his Taurus 0.75mm pistol pressed reassuringly against his skin.
Picking an extra clip of ammo, he climbed out of the car and headed to the mall entrance. One of the first people he saw was a dazed-looking man who appeared to be of Somali origin.
He would later turn out to be Abdul Haji, who had also arrived at the mall after hearing that his elder brother was trapped inside by the gunfire.
A woman dressed in a hijab emerged from the basement. She was carrying an infant less than a year old against her chest, trying to keep the child away from the gunshot wound on her shoulder.
“There are people in there,” the woman said faintly. “These people are not criminals. They have come to kill people, and they are here to stay.”
Leaving behind some people to rescue the injured and recover bodies from the basement, Harish, Abdul and a few policemen who had now joined them headed up the ramp to the top of the mall.
The pop! pop! of gunfire was now occasionally replaced by the angry rumble of what sounded like a machine gun.
It soon became clear that this was no ordinary robbery.
As they walked up the ramp, they could see a security guard sprawled outside his cubicle. He had been shot in the head. Another man lay crouched nearby, his limp fingers a permanent bookmark in the Bible he had been reading when he was called to meet his creator.
The rooftop was hell. Many children who had been attending a cooking competition had been prematurely sent to heaven. A pregnant woman was among the dead. Leaving a handful of policemen and volunteers to carry away the injured, the dead and the dying from the rooftop, Harish and his team re-entered the mall.
They rescued people stranded and hiding in every nook and cranny until they got to the ground floor where the attackers had ensconced themselves inside the Nakumatt supermarket.
Harish could see one of the attackers firing at them from the entrance to Nakumatt. He had a white bandana inscribed with Arabic script. They were concentrating on this gunman when suddenly the angry rumble of a machine gun roared inside the mall.
The policeman next to Harish collapsed. Part of his stomach had been blown away by high calibre bullets fired by a gunman who had been lurking on the floor, unseen by the rescue team.
Using covering fire, they dragged the injured policeman away. Then they lobbed teargas at the attackers and forced them back into Nakumatt, buying valuable time to rescue more people hiding inside shops.
But Harish says this presented its own complications. Many of those who had locked themselves in various shops were playing dead and they refused to open the doors until they recognised a familiar voice, or were threatened with abandonment.
Many were traumatised by the mayhem.
Harish walked up to a woman, took her hand, and started guiding her to safety. After a few steps, she suddenly turned to him and whacked him across the face.
“What are you doing in my house?” she asked, and refused to move an inch until four soldiers held her and forcibly dragged her to safety. The moment she got outside of the mall, she turned to the soldiers and asked: “Where is my car?”
Another elderly white woman had been shopping in Nakumatt. As people used the tear-gas enforced lull of the retreating gunmen to flee, she emerged holding two plastic bags full of groceries. She walked calmly and majestically towards the exit, as if oblivious to the crowds, the noise and the danger.
When a couple of soldiers tried to relieve her of the groceries, she would have none of it. “I do not have any food in my house,” she said, before handing one of the bags to a soldier, who she mistook for a supermarket assistant, and ordered him to carry it to her car.
By the end of the day, Harish and the ad-hoc group of rescuers had saved perhaps hundreds of lives. They had arrived at the scene before the specialist security units and had bravely battled the gunmen and bought time for people to be saved.
More than 60 people were killed and hundreds injured in the attack, for which the Somali militant group al-Shabaab has claimed responsibility.
By 6 pm on September 21, the Kenyan specialist forces had taken over the operation, but Harish would stay on until 3.30 am when he finally went home to reassure his panicked family. After a shower, a cup of tea, and a change of clothes, he returned to the mall and stayed with the forces until Monday morning.
Harish, the 43-year-old father of twin 15-year-old daughters and a 10-year-old son, says he had acted out of humanitarian considerations.
“This is my country. These are my people,” he told the Sunday Nation. “At that point it did not matter whether they were Asian, Africans, white or Kenyan; you are in our country, and we have to look after you.”
Harish says he is not a hero and does not expect any medal or reward for his action. But he evoked the history of his adopted country – born in India, he came to Kenya when he was 3 – to explain his courage and that of his colleagues.
“There were heroes who fought for this country at Independence,” he said. “This was our moment to fight back.”
These men realised, soon after entering the mall that their pistols and a lone AK-47 rifle were no match for the sophisticated weapons and grenades the attackers were using.
But they still walked into the line of fire and put their bodies on the line to save as many people as they could.
“Our mission was to get them or die trying. We were ready to die,” Harish said. “We weren’t trying to be heroes; we were only trying to save lives. I feel proud that I saved lives.”
The injured policeman is expected to make full recovery. The other members of Harish’s team are back at their regular jobs.
but a friendship between the men was forged that Saturday afternoon in Westgate, during their baptism of gunfire.
Unlike Abdul who has been weeping in his sleep since the attack, Harish has struggled to sleep, catching a few hours of dreamless sleep here and there.
“I have seen many bodies and I have done many cremations,” Harish said. “But this was a shock and a disaster.”
He plans to take some days off work and find a quiet place to seek closure and inner peace.
Families of those killed in Westgate will be trying to find their own closure and inner peace over the coming months. For the survivors, many only got out alive because of the courage and bravery of this gang of men armed with a few light arms and one bulletproof vest.
Among Harish’s many pieces of jewellery (bling-bling) is a ring with the head of a lion roaring. It will always be a reminder of the lion-hearted foray into Westgate and the lives that were saved and touched.
CORD leaders Prime Minister Raila Odinga (Center), Vice President Kalonzo Musyoka (Left) and Moses Wetangula shortly before they addressed the press at OdingaÂ’s home in Karen, Nairobi on April 4, 2013 when they met coalition Senators and MPs. BILLY MUTAI
CORD leaders Prime Minister Raila Odinga (Center), Vice President Kalonzo Musyoka (Left) and Moses Wetangula in this file photo. Mr Wetangula has lost his Bungoma Senate seat after High Court ruled his election null and void.   NATION
By ERICK NGOBILO
Senate Minority Leader Moses Wetang’ula on Monday became the senior most politician to lose a seat in a petition.
The High Court ruled that the Bungoma senator’s election was marred by massive irregularities.
And in what could turn out to be costly for the Ford Kenya leader, the court also said claims that he treated voters had been proven beyond doubt.
Section 67 1(a) of the Elections Act states: “A person who commits the offence of personation, treating, undue influence or bribery; commits an offence and is liable on conviction, in the cases specified in paragraph (a), to a fine not exceeding one million shillings or to imprisonment for a term not exceeding six years or to both, and in any other case, to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding five years or to both.”
Mr Justice Francis Gikonyo said the petitioner, former Webuye MP Musikari Kombo, had proved that the irregularities were so extensive that it was hard to know who won the March 4 polls.
Mr Justice Gikonyo further said claims that Mr Wetang’ula and Mr Alfred Khang’ati, the Cord candidate for governor, treated voters at the Kenya Red Cross offices were proven beyond reasonable doubt.
Mr Wetang’ula is a member of the Cord alliance summit together with former Prime Minister Raila Odinga and former Vice-President Kalonzo Musyoka.
Soon after the ruling was delivered, Mr Odinga, who was in court with a number of Cord leaders, said they would not appeal the judgment but will instead go to the public to get Mr Wetang’ula re-elected.
Addressing hundreds of Cord supporters in Bungoma Town, he said: “We shall move to the public court. That is the only court that cannot be manipulated.”
Mr Kombo, who left the court soon after the ruling, later said he had been vindicated. He said the people of Bungoma had been given a fresh chance to elect their senator in free and fair elections.
‘JUSTICE DONE’
“Justice has been done. The people of Bungoma were denied fair elections and now they have a chance to deal with it,” he said.
Mr Odinga said the ruling was targeted at ensuring the top Cord leadership is out of elective politics.
“They began with me now they have moved to Wetang’ula. We shall not be manipulated by anyone. They are targeting the Cord summit, which has myself, Kalonzo and Wetang’ula,” he said.
Mr Wetang’ula said he was not shocked by the outcome of the petition. However, he expressed confidence that he has the people on his side.
“We shall meet at the ballot and prove everyone wrong,” he said.
Mr Justice Gikonyo said there was non-compliance with the law in the conduct of the elections by IEBC officials.
The elections, he said, were not free, open and properly conducted as stipulated in the Constitution.
In a judgement lasting three hours, the judge said the anomalies in forms 35 cast serious doubt on whether Mr Wetang’ula won the elections.
“The non-compliance with the law affected the results in a substantial manner notwithstanding the margin of votes between Mr Wetang’ula and the petitioner,” he said.
The anomalies in forms 35 included lack of statutory comments, different results for the same polling stations, blank forms 35 in ballot boxes and some stations had missing forms 35.
He pointed out that the errors in forms 35 strike at the heart of the elections hence they substantively affect the outcome of the petition.
The judge said the court was forced to look more into the issues raised in the petition instead of just looking at the margin of votes.
He said the tallying process did not properly capture the results as announced at the polling stations. “Tallying should be done openly and accurately so that the process is verifiable,” he said.
Mr Justice Gikonyo further said a recount ordered by the court in selected polling stations showed multiple irregularities.
He said the recount showed that some people, who were not supposed to vote, had their names crossed in the principal register.
“This was proof that people who were not supposed to vote in the elections were allowed to vote,” he said.
He pointed out that the scrutiny showed that some names were added by hand during the voting.
The judge added that the scrutiny further failed to show how the ballot papers were issued since some counterfoils were missing. He ordered that the three respondents — IEBC, the returning officer and Mr Wetang’ula — share the Sh4 million costs of the petition.
Tongaren MP Eseli Simiyu, whose win had been upheld by the same judge in the morning, said the Cord alliance had suffered an injustice in court.
He claimed that the ruling had been influenced by some forces outside court. “We are ready to look for votes afresh to ensure we reclaim that seat,” he said.
Siaya Senator James Orengo said the IEBC and the Judiciary needed serious reforms.
He pointed out that the two institutions have been manipulated over time and there was a need to put an end to the manipulation.
Security in Bungoma town had been beefed up with officers from the General Service Unit, regular police and administration police intensifying their patrols.
The hearing of the case was characterised with high emotions and drama as each side sought to outdo the other.
In his affidavit, Mr Kombo had cited various grounds ranging from inaccuracies in submission of results from various polling centres by the IEBC officials to intimidation of his agents.
Mr Wetang’ula, Bungoma County returning officer Mr Madahana Mbaya and the Independent Electoral and Boundaries Commission (IEBC) are named as respondents in the petition.
Mr Kombo was seeking the Bungoma Senate seat on a New Ford Kenya party ticket.
A picture taken on September 10, 2013 shows Kenya's Deputy President William Ruto in the courtroom before his trial at the International Criminal Court  in The Hague. PHOTO/AFP| FILE
A picture taken on September 10, 2013 shows Kenya's Deputy President William Ruto in the courtroom before his trial at the International Criminal Court in The Hague. PHOTO/AFP| FILE 
By Walter Menya
The International Criminal Court is working on a new schedule that could keep Deputy President William Ruto at The Hague for the whole of October.
Initially, the trial of Mr Ruto and Mr Sang was to run until October 4 then take a 10-day break and resume on October 14 until November 1.
However, by adjourning until Wednesday to allow Mr Ruto to return to Nairobi following the terrorist attack at Westgate mall, the court disrupted its own calendar besides coming under criticism for granting Mr Ruto preferential treatment.
“By basing its decision on Ruto’s official status, the Trial Chamber may be creating a precedent to grant state officials special treatment in a court that was intended to target those most responsible for international crimes, irrespective of who they are.
“Further, the (Trial Chamber’s initial) decision to allow Ruto’s trial to take place largely in his absence will hardly contribute to victims and witnesses’ confidence in the proceedings. Such rulings flowing from ICC amount to caressing the big fish and duality of law,” Mr Ndung’u Wainaina, executive director of the International Centre for Policy and Conflict, said.
Presiding Judge Chile Eboe-Osuji said the Chamber would rework the entire schedule and “communicate in the normal way” to the parties in response to the lawyer for Joshua Sang, Mr Katwa Kigen, who wanted the court to indicate whether the initial court schedule would stand.
According to one of the lawyers involved in the cases, all indications are that there will be no break once the trials resume on Wednesday. “It seems like we will not get the 10 days we were set to get,” said Mr Kigen.
Mr Ruto is due in court on Wednesday after the Trial Chamber granted him two more days in addition to the one-week’s absence he had sought and obtained. Mr Ruto, through his lead defence counsel Karim Khan, wanted his trial to resume on October 14, which would have translated to a three-week break.
In requesting for the additional 14 days, Mr Khan had outlined a schedule that the deputy president would be required to attend. According to the lawyer, the National Security Council, in which the deputy president sits, was meeting yesterday to receive a forensic audit report on the mall attack from domestic investigators.
The NSC would then sit again, this time to meet international investigators. Mr Khan also said that Mr Ruto would be required to attend the third NSC meeting tomorrow, the day his trial was initially set to resume, to receive the combined forensic audit reports.
Then on Tuesday October 1, a national inter-denominational prayer meeting has been planned at the KICC.
“That is an important event that the deputy president will speak at if the court grants the adjournment,” Mr Khan stated.
On Wednesday, Mr Khan informed the chamber that Mr Ruto would be chairing combined committees of the Senate, the National Assembly and the Executive to discuss anti-terrorism frameworks.
“The application would be to adjourn and reconvene, with the court’s leave on October 14,” Mr Khan said, adding that it was not the defence’s intention to delay the proceedings.
“The defence has no interest in delaying these proceedings,” he said.
However, the prosecution opposed the application for extra days for Mr Ruto with lead prosecution counsel Anton Steynberg saying the deputy president ought to make arrangements to delegate some of his tasks to “competent people to deal with on his behalf”.
Mr Steynberg argued that attending the high-level meetings that the defence had cited was the ordinary task of the President and the Deputy President and if Mr Ruto’s request is granted “he will continuously ask for the same”.
“Even after two weeks, wouldn’t there be other emergencies the accused wishes to attend to? The immediate crisis has been resolved, and the accused’s presence must take precedence in this case,” said Mr Steynberg.
“The chamber will partially grant the request. The adjournment is until Tuesday, October 1 and the hearings to continue on Wednesday, October 2,” Judge Eboe-Osuji ruled.
The two extra days, the judge said, were to permit Mr Ruto to attend the inter-denominational prayer service on Tuesday at KICC for the victims of the mall attack “which is important for national healing”.
“Hearings will continue the week of October 7-11 2013, contrary to what was initially scheduled (except for October 9 due to other hearings to take place in other ICC cases at the ICC’s premises),” the court said.

Sheikh Mukhtar Robow alias Abu Mansur
Al-Shabaab deputy leader
A leaked NIS report says Muktar Sheikh Robow and Dahir Aweys arrived in Hela Marer area, Gedo region, from Ufuro area in the Bay region, Somalia, on March 22. 
They held a meeting with 50 other leaders where they discussed the mode of training for their operatives as well as plan on how to carry out attacks on vital installations in Mandera, Wajir, Garissa, Mombasa and Nairobi.
The FBI has put a $5 million bounty on Robow.
Robow, the deputy leader of al-Shabaab, is also a former spokesman for the group.
He was one of the founders of the terror group. He is from Baidoa in the Bay region of Somalia, where his Rahanweyn clan holds overwhelming influence.
Robow established the first militant Islamist training camp in Somalia, al-Hudda, in Huddur in 1996. He reportedly left Somalia in 2000 to train with the Taliban in Afghanistan.
He returned to Somalia after the Taliban fell from power. In 2003, he helped create al-Shabaab from the remnants of al Ittihad al Islami.
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Ahmed Abdi Godane, alias, Mukhtar Abu Zubeyr
Al-Shabaab founder and overall commander
A leaked National Security Intelligence (NIS) report says that early this year Godane held meetings in Somalia to come up with strategies on how to execute attacks in Kenya. The FBI has put a $7 million bounty on him.
Godane, who was born in northern Somalia, now known as Somaliland, has been leading al-Shabaab since 2008.
He studied accounting in Pakistan and while there he occasionally travelled to Afghanistan where he came into contact with al-Qaeda, led by the late Osama bin Laden.
When he returned home he founded the northern wing of Somalia’s al-Ittihad al-Islami (Islamic Union), which was established by Somali Mujahiddins returning from Afghanistan. He was to later start recruiting and indoctrinating the militia who were later to start attacks against Western interests in Somalia, including kidnapping and killing of Western nationals.
Godane was to later join the Council of Islamic Courts before teaming up with Aden Hashi Farah to form al-Shabaab when they split from CIC.
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Sheikh Ahmed Iman Ali
According to a leaked National Security Intelligence report, Iman — who was appointed by Al-Shabaab as its de facto leader of Kenyan fighters in Somalia — was among the masterminds of the Westgate attack.
“Al-Shabaab remains focused on conducting attacks through individuals that have not been arrested before. The masterminds of the intended attacks are Kenyans, who are in middle and senior management levels of the terror group.
Among them; Maalim Abass Guyo, Ahmed Iman Ali and Jan Mohamed Khan alias Abu Musab Al Mombasa,” the NIS report says.
Last year, Iman released a video declaring war against Kenya on behalf of Al-Shabaab.
Interviews with those who know Sheikh Iman, a former chairman of Muslim Youth Centre (MYC) in Pumwani, Nairobi, say he has been controversial since his days at Jomo Kenyatta University of Science and Technology, where he graduated with a degree in engineering.
Born either in 1973 or 1974, Iman presents security agents with something new in the fight against terrorism.
Those who know him say he was a charming preacher with a fanatical following among various Kenyan communities.
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Samantha Lewthwaite a.k.a. “White Widow”
The British media has claimed she was involved in the terrorist attack on the Westgate Shopping Mall.
There is no evidence so far to link her to the attack but police and security forces say Samantha Lewthwaite— the widow of one of the four suicide bombers who devastated London in July 2005 — was involved in the Kenya attack, let alone being a “mastermind,” as the British papers have claimed.
The International Police (Interpol) has issued a red-alert calling for arrest.
She is wanted by Kenya “on charges of being in possession of explosives and conspiracy to commit a felony dating back to December 2011” as part of a suspected plot to bomb cities along the Kenyan coast at Christmas.
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Abu Sandheere
He is believed to have been the one who escorted the terrorists who attacked Westgate Shopping Mall.
He is suspected to be a 50-year-old Kenyan man who is an associate of the late Al-Qaeda leader Fazul Abdullah. Sandheere, whose parents were a Maasai and a European, is thought to have escaped moments after the assault started on Saturday.
“He escorted the attackers to the mall and then left as people were fleeing. He then travelled to the border and crossed to Somalia,” said an intelligence source.
According to counter-terrorism sources, the man seconded to Al-Shabaab by the Al-Qaeda network arrived in Somalia on Friday after days of avoiding the tight security that had been mounted across the country to stop suspected terrorists from escaping.
Sandheere, said to be the regional Al-Qaeda man in charge of intelligence, logistics and special operations, escaped from Westgate with two other unidentified terrorists. He is also described as being “extremely sharp”.

Interior cabinet secretary Joseph Ole Lenku (centre) flanked by Chief of general staff Julius Karangi (right) and Inspector General of police David Kimaiyo during press briefing at Oshwal Centre on September 23,2013. Photo/DENISH OCHIENG
Interior cabinet secretary Joseph Ole Lenku (centre) flanked by Chief of general staff Julius Karangi (right) and Inspector General of police David Kimaiyo during press briefing at Oshwal Centre on September 23,2013. Cabinet Secretaries Julius Rotich (Treasury), Joseph ole Lenku (Interior), Amina Mohammed (Foreign Affairs), Raychelle Omamo (Defence) and KDF boss General Julius Karangi were alerted on the impending attacks. Photo/DENISH OCHIENG 
By CAROLINE WAFULA
Interior Cabinet Secretary Joseph Ole Lenku is a man on the spot following his remarks that only an insignificant number of people may have been buried underneath the Westgate rubble.
More than the nature of the comment, the enormity of the matter at hand raised the question whether the Cabinet secretary was wearing shoes too big for him.
He is not alone. His Defence counterpart Raychelle Omamo was in tow in at least two news conferences. She did not speak even though the military, which falls under her docket, was actively engaging the terrorists.
On Friday, Mr Lenku said that there were “insignificant if any,” bodies of victims still trapped in under the rubble of the section of the mall that collapsed following a fire and explosions which still remain mysterious.
“The position of government on the figures of the dead is still 67 of which we say 61 are civilians and six security officers. Whether there’s other information on other dead, please accept the official government position,” he said.
RED CROSS
As Mr Lenku spoke, investigators had not started cutting through the rubble to ascertain that no bodies were buried there. However, Red Cross said they had a report of 61 missing people, adding credence to the theory that some never made it out and were caught in the fire fight between the terrorist and the security forces that followed the attack.
“When we went in the first few hours of that fateful Saturday we found survivors but we also found lots of dead bodies so common sense will tell you, respond to the survivors, get them out to safety, treat them, let them go to hospital you can get the bodies later,” said Mr Abbas Gullet, the chief executive of the Red Cross.
The press briefings that have followed the Westgate attack showed a Mr Lenku who was not exactly on sure footing when communicating to Kenyans and the world.
On Monday, he said that the security forces had taken control of all the floors. It was at 2p.m. Kenyans next waited to hear Mr Lenku say that the final assault had been completed.
Instead, more than 20 huge explosions and heavy gunfire were heard minutes past 5p.m., which left the world wondering how that happened if it was true as Mr Lenku had said that all floors were secure.
It gave commentators on social media more arsenal with which to attack Mr Lenku, who was picked directly from the hotel industry and had no experience on security matters before.
Ms Omamo on the other hand is a trained lawyer.
TO RESHUFFLE
“Cabinet experiment with ‘greenhorn’ ministers is a disaster,” commented political analyst Mutahi Ngunyi on Twitter as he urged President Kenyatta to reshuffle the Cabinet. Mr Ngunyi suggested that Mr Lenku should be transferred to a “soft ministry”
Political scientist Adams Oloo said that the communication strategy should have been different given that Mr Lenku does not have institutional experience on matters security, let alone handling a terrorist attack.
“It would not have been an issue if he were a thoroughbred security officer. He’s a hotelier without deep understanding of security matters. They should have had two lines of communication where he would read the general statements and someone in charge of the operation would take the specific questions,” said Mr Oloo.
In Parliament, MPs called for a re-evaluation of the country’s security systems and blamed security chiefs without a specific reference to the performance of the Cabinet secretaries.
The legislators who put off some business on their schedule on Wednesday to discuss the weekend put the country’s security system on the spot, questioning the efficiency of the intelligence system in the wake of the latest attack on the country.
“This kind of thing can only be defeated through an efficient intelligence system,” said Mr Asman Kamama, chairman of the National Security and Administration committee of Parliament. “We need them to be on top of things.
Wajir County MP Fatuma Ali said the country’s security system had failed Kenyans, even suggesting the National Intelligence Service (NIS) be abolished for inefficiency. “We have had numerous attacks in Wajir that have left many people dead because of the failure of the security system. We need to clean this House,” she said.
Intelligence briefs leaked to the media, however, show that the NIS and the Israeli Embassy had given warning of an imminent attack.
Some MPs, however, said it was time to apportion blame, saying an audit should be done to establish who was exactly to blame for the security lapse.
But Former Defence Assistant Minister Joseph Nkaissery said it was too early to start pointing fingers.
“We should not play blame game because we don’t know if NIS reported the matter and that can only be established once we carry out an audit after the rescue operation is over,” he said.
Nairobi County MP Rachael Shebesh said it was embarrassing to the country that the international community had prior knowledge to the attack yet it has an intelligence system. “If the intelligence can’t work, then intelligence must go,” she said.
“The country needs to know, a part from the Alshabaab, who amongst us didn’t do their job,” she said
A police officer tries to secure an area inside the Westgate Shopping Centre where gunmen went on a shooting spree in Nairobi September 21, 2013. Sporadic gun shots could be heard hours after the assault started as soldiers surrounded the mall and police and soldiers combed the building, hunting down the attackers shop by shop. REUTERS/Siegfried Modola.
A police officer tries to secure an area inside the Westgate Shopping Centre where gunmen went on a shooting spree in Nairobi September 21, 2013. Sporadic gun shots could be heard hours after the assault started as soldiers surrounded the mall and police and soldiers combed the building, hunting down the attackers shop by shop. REUTERS/Siegfried Modola. 
By AFP
NAIROBI
The final stand of Islamist fighters who laid siege to Kenya's Westgate mall ended when Kenyan soldiers fired an anti-tank shell that sparked a fierce fire, soldiers who fought in the battle told AFP.
The gunmen, who were holed up in a strong room in a supermarket, were killed when soldiers fired two bazooka shells, two soldiers who were both at the battle's end told AFP separately.
"In the end we had to use full force, we had to finish with these guys," said one member of the elite force, who said that during the bitter fighting he saw the insurgents only once.
The fighters, from Somalia's Al-Qaeda linked Shebab, stormed the part Israeli-owned complex at midday Saturday, firing from the hip and hurling grenades at shoppers and staff.
But the attackers then retreated to a safe room on the first floor of the Westgate supermarket, according to the descriptions provided separately by the two soldiers.
From there, they held out against the Kenyan troops.
Two Kenyan commandos leading the assault were killed while trying to force open the door of the strongroom.
They were shot by a fighter with a heavy machine gun, in an elevated site where he acted like a sniper, blocking the commandos from moving forward, said the other soldier.
"We don't know how many they were inside the safe room. I never saw them," the soldier said, claiming that he did not know if any hostages were with the attackers.
Finally around midday on Monday, the soldiers brought in heavy weaponry.
They fired 84-millimetre shells from a recoilless rifle -- or shoulder-held bazooka -- whose sharply pointed tips are designed to piece armour plating, before exploding and causing a fire.
A few minutes later, thick black smoke rose above the rooftop car park, above the first floor of the supermarket.
At the time, government officials said the fire had been caused by burning mattresses torched by the gunmen to provide a distraction.
About 24 hours later and weakened by the flames the rear part collapsed, with several cars tumbling down into the gaping hole created.
"It was the only option," said one of the soldiers. "Sometimes you're supposed to use deadly force to save other lives," he said, conceding that his could have resulted in "collateral damage" to any hostages present.
The siege was declared finally over on Tuesday evening.