REFORMS | If the proposed law is passed, Kenya Defence Forces will spend its money out of the public limelight

Bill seeks to shield military spend from publicBY BERNARD NAMUNANEbnamunane@ke.nationmedia.com

ABill proposes to give President Uhuru Kenyatta sweeping powers to extend

the terms of top Kenya Defence Forces chiefs by one year.

The Bill has been tabled in the National Assembly and proposes to shield the military from any form of civilian oversight, includ-ing financial accountability, except in deployment to operations.

It also proposes to remove the requirement that the de-fence forces should advertise all positions allocated to each county during recruitment and instead make it mandatory for “designated recruitment centres for all counties”.

The three are among a raft of changes which are proposed in the Kenya Defence Forces Bill which also seeks to do away with the requirement for the State to compensates families of soldiers, who will either be injured or die in training.

The government says the change in the law is to ensure smooth implementation.

Under the law, also known as the Tonje rules, the Chief of the Defence Forces, the vice chief and service commanders are required to serve for a single period of four

years or retire upon attaining the age of 62 years — whichever comes first.

The retirement age was crafted by the then Chief of General Staff General Daudi Tonje before he left the military.

The chief of the defence forces retires at the age of 62, while lieutenant-generals and major-generals retire at 58 and

56 years, respectively unless they are promoted. Service Command-ers in the Army, Navy and Air Force could retire at a younger age, as long as they had served for four years.

The chief of defence forces and service commanders retire after four years, or after reaching the retirement age — whichever comes first.

But the Bill proposes to amend the law saying: “The President may, on the recommendation of the Defence Council, extend the term of office of the Chief of the Defence Forces, the Vice Chief of the Defence Forces or the Serv-ice Commanders for a period not exceeding one year.”

The Bill also seeks to shield the military from civilian oversight, which is now carried out by Par-liament. Parliament would lose the role of assigning the Cabinet Secretary for Defence any func-tions.

It also seeks to do away with the requirement for the Defence CS to report to the President and Parliament, as well as the mili-tary’s compliance with policies and directions that have been passed by the House.

The Bills proposes to remove the requirement for the Defence Cabinet Secretary to table in Parliament a yearly report on how the forces use their budget.

This means the military will spend its money out of public scrutiny, just like the National Intelligence Service.

Currently, the military is re-quired to submit an annual report, in writing, to the President and Parliament, on the expenditure, work and accomplishment of the ministry.

Proposed law seeks to shield the military from any form of civilian oversight

FILE | NATION

Recruits march past the dais during a passout parade at a training school in Eldoret presided over by President Uhuru Kenyatta last month. A Bill now seeks to extend the military chiefs’ terms.

The Bill proposes to re-move the powers of the Defence CS to assign civil-ian functions to the Chief of Defence Force or any other members of the military. The proposed law also seeks to solve the al-tercations that have been happening between the military and the National Police Forces when they have been deployed to deal with emergencies. The Bill seeks to have the military to remain under the command of the CDF and not the In-spector-General of Police.

HIGHLIGHTS

What military Bill proposes

BY NATION CORRESPONDENT

The Orange Democratic Movement claims there is a scheme to bring down Kenya Airways so that it can be ac-quired by “corrupt cartels”.

ODM chairman John Mbadi said the dip in profits of the airline appears to have been created to force critical staff into going on strike and quit-ting to provide an excuse for the take over of the company.

Mr Mbadi spoke yesterday after holding a meeting with Cord leader Raila Odinga at the latter’s office at Capitol Hill, Nairobi.

He was accompanied by other ODM MPs and said the government must protect the airline.

On Thursday, Kenya Airways announced a loss of Sh25.7 billion after tax for 12 months ending March.

Forensic auditMr Mbadi urged the gov-

ernment, as the single largest shareholder of the airline, to immediately institute a forensic audit by a reputable interna-tional firm.

“That firm must also audit KPMG, which has been audit-ing the airline’s accounts,” he said. “The National Treasury must equally account to Ken-yans.”

He was accompanied by

MPs Junet Mohamed, Jakoyo Midiwo, Zuleka Hassan, Simba Arati and Opiyo Wandayi, among others.

The party also demanded a lifestyle audit of the airline’s past and current managers, including of what they own locally and abroad.

“Where necessary, foreign governments must be asked to cooperate and help with the investigation of the airline’s of-ficials, who we are aware own substantial properties in those countries.”

Despite the national carrier’s share value depreciating at the Nairobi Securities Exchange, one or two Kenyans have been on a buying spree, snapping the falling shares “at a rate that betrays some kind of insider

information”, he claimed. He said the dealings point to

“an advance knowledge and preparation for the imminent collapse”.

Jomo Kenyatta International Airport has a daily turnover of between Sh400 million and Sh500 million, which is largely attributed to Kenya Air-ways, according to the ODM chairman.

“Should Kenya Airways go down, it will go with be-tween 50 and 60 per cent of this turnover, not to mention thousands of jobs.

Go down with our pride“It will also go down with our

pride as a nation,” he said.Kenya Airway’s current

status indicates it has been on sustained gradual decline, he said, accusing the carrier’s management and auditors of having been “cooking” its books and deceiving the pub-lic and shareholders about its actual financial status.

“Too many questions need to be answered. Why has every single share of Kenya Airways lately been bought by one or two people? Who are these people and why are they so interested in the shares when the company is going down? What is the end game in Kenya Airway’s problems?”

The Sh26 billion loss could not have occurred overnight, he added.

Kenya Airways fall is plot toseize firm, says Orange party

Why has every single share of Kenya Airways lately been bought by one or two people? Who are these people and why are they so interested in the shares when the company is going down?” ODM chairman John Mbadi

SELECTION OF CANDIDATESFOR 2015/2016 ACADEMIC YEAR

We wish to inform the public in general and applicants in particular that Kenya Medical Training College (KMTC) has concluded the selection of students for the 2015/2016 academic year. The names of selected students are available on the KMTC website, KMTC face book page, KMTC campuses across the country and in offices of county commissioners. Admission letters have been posted to successful applicants through the postal addresses provided during application. Successful candidates are expected to join the college on 15th September 2015.

Our attention, however, has been drawn to a paid advertisement appearing in a section of the press on the Saturday Nation of 25th July 2015 listing names of selected students to various courses at KMTC by the Kenya Universities and Colleges Central Placement Service (KUCCPS).

In response, the KMTC Board of Management met on 30th July 2015 to deliberate on the confusion created by the advert and made the following observations:

1. The KMTC Act, Cap. 261, (Section 6 and 11) mandates the college Academic Board to select students for admission into KMTC courses, which it has done.

2. Relevant authorities support the KMTC Board’s position.

Consequently, the Board resolved that:1. It does not recognize the advertisement by KUCCPS in the Press containing a list of selected

students to KMTC.2. It stands by the resolution passed by the Parliamentary Departmental Committee on Health

in a meeting held on 30th July 2015, re-affirming its earlier resolution that the selection of students to KMTC is the mandate of the college Academic Board.

3. Only those students who have been selected by KMTC will be admitted to the College.

The Board thanks the Government for the continued support.

The Board congratulates those students who were selected by KMTC and looks forward to receiving them in September 2015.

PROF. PHILIP KALOKICHAIRMAN, BOARD OF MANAGEMENT

SATURDAY NATIONAugust 1, 2015 National News 5