New rules on drug control anger nurses

Nurses are unhappy with a provision that gives the Pharmacy and Poisons Board exclusive rights to regulate the distribution of some medicines.
The Kenya National Union of Nurses wants the Health ministry to scrap a right given to the board in January to regulate dietary supplements, registration and control of medical devices.
It will also regulate herbal medicine.
The union’s lawyer, Mr Alexander Jaoko, said it violated the rights of medical practitioners.
“It is against the laws that give that mandate to the Nursing Council of Kenya,” he said.
The law gives the nursing council powers to control and regulate manufacture, sales, importation and distribution of any nursing commodity as long as it conforms with Kenyan standards, he added.
Mr Jaoko said giving the pharmacy board an additional mandate to regulate entry of the drugs into the country was unlawful and would result in loss of revenue for the nursing council.
“The directive has also caused loss of employment for several employees of the nursing council stationed at entry points to monitor drug entries,” he said.
He argued that giving the board that role was extending its mandate since it is only allowed to regulate “drugs and poisons” not related to nursing commodities.
The case will be heard in court today.
From Nation news

Four killed, bodies set ablaze in Wajir attack

Four people were killed and two others injured after gunmen stormed a shop in Barwaqo in Wajir County.
The four dead, all non-locals, were among people buying goods from a nearby shop at around 7.30pm on Tuesday.
The gunmen shot at the group, killing the four instantly. They then poured petrol on their bodies, burning them beyond recognition. They also set the shop ablaze and left.
The attackers are said to have been at the scene about 30 minutes. The police arrived an hour later.
One of those injured was the shopkeeper, a woman who is said to have inquired why the attackers were killing the people. She was set to be airlifted to Nairobi for treatment later on Wednesday.
The area police boss Samuel Mukindia confirmed the incident and said investigations were underway to establish who the gunmen were and their motive.
Kenya anti-terror police arrived at the scene on Wednesday morning and recovered three telephones, believed to belong to the deceased.
From Nation news

Korogocho MCA shot by gunman on motorbike

The Member of County Assembly for Korogocho was shot and seriously wounded during an attack on Wednesday morning.Maxwel Ochar was attacked in Ruraraka by thugs on a motorbike as he waited for his wife at a parking, according to police. Photo/ JOSEPH MURAYA
Maxwel Ochar was attacked in Ruraraka by thugs on a motorbike as he waited for his wife at a parking, according to police.
The MCA has been rushed to the Aga Khan hospital where he was undergoing emergency treatment.
No suspect has been arrested over the attack
From Capital news.

Three Somali nationals charged in a Nairobi court over Mandera quarry attack

Three Somali nationals have been charged in a Nairobi over Mandera quarry attack where 36 people died.Security officers and Kenya Red Cross officials remove the bodies of some of the 36 quarry workers killed in an attack by Al-Shabaab gunmen in Mandera on December 2, 2014.
The court will on Thursday determine whether the accused will be released on bond or remain in custody.
From Nation news

Waititu's lawyer arrested hours before Kabete by-election case

Nairobi lawyer Harrison Kinyanjui was on Tuesday arrested by flying squad officers for alleged witness interference in an ongoing case.FALSE ACCUSATION? Lawyer Harrison Kinyanjui in court yesterday. Photo/FILE
Kinyanjui was charged with influencing witness testimonies in a case where four men are accused of stripping a woman in Nairobi last year.
The lawyer was detained in Kilimani police station for some hours before being released on bond.
Interestingly, Kinyanjui is the defence lawyer for JAP’s Kabete by-election candidate Ferdinand Waititu.
Waititu has a case in court Wednesday morning coming up for mention before Justice Isaac Lenaola.
In the case, two registered voters in Kabete are challenging Waititu’s candidature for the parliamentary seat.
Godfrey Mwaki and Joseph Njuguna want the electoral commission restrained from issuing a clearance certificate to Waititu on grounds of questionable integrity.
The two want Waititu’s candidature nullified, arguing that Kabete may have to hold another by-election if Waititu wins but is jailed in the other cases.
Waititu was nominated by JAP on March 14 to vie for the Kabete parliamentary seat in the May 4 by-election.
Kinyanjui will appear in court Wednesday morning to answer to the charges of witness interference.
From Star news

Kay: Why I agreed to defend Uhuru at the ICC

 Lawyer Steven Kay, QC, successfully defended President Uhuru Kenyatta at the International Criminal Court (ICC), because he believed he was innocent.Kay said he was certain that the prosecution lacked basis of subjecting President Kenyatta to the ICC process.
In an interview with The Hague Trials, Kay said he recorded Kenyatta’s movements between December 30, 2007 and the end of February 2008 and was convinced he did not incite violence but was instead calling for peace after the disputed presidential election of 2007.
“I tracked his movements every day, and I looked at what he said and did. Anyone investigating a case should do that. And if you do that with Uhuru Kenyatta, you would have seen a very positive case about a man who tried to stop the violence. I discovered that in my first month with my team of looking at the evidence. So it seemed to me that the allegations being made didn’t fit the evidence that I could see from those sources.”
At the beginning of the case, Kay said he was certain that the prosecution lacked basis of subjecting President Kenyatta to the ICC process.
According to him, the prosecution’s evidence lacked credibility and the allegations were false.
“The strength of this case was built on sand. And it was sand without any cement, bricks, anything to hold it up. This was a case built on rumour and hearsay that was open to individuals coming forward to claim they were eyewitnesses to events involving Uhuru Kenyatta that the prosecution never went to check.”
Kay’s inspiration to defend Kenya’s current President also stemmed from his admiration for his late father Mzee Jomo Kenyatta who was detained by the British but was later released over false evidence.
“I was an admirer of his father, Jomo Kenyatta, despite the conflict with the British. The witness who gave evidence against him retracted his evidence later but in very suspicious circumstances. The first President of Kenya, his father, was tried by the British, and he was also defended by a British barrister named Dennis Pritt,” Kay recalled.
“I was asked to represent him (Uhuru), and at that stage, he wasn’t President of Kenya then. But he came from a very distinguished Kenyan family,” he added.
Kenyatta was at the time deputy Prime Minister in Mwai Kibaki’s government when he was named among six Kenyans suspected to bear the highest responsibility during the 2008 Post Election Violence in Kenya.
Kay, whose strong admiration for Kenya has blossomed over the years through frequent visits with his parents as a young boy and in later years, said he also developed a liking for Kenyans which attracted him in defending President Kenyatta.
Born in Jordan, Kay who also represented Slobodan Milosevic (who later committed suicide) said defending President Kenyatta at the ICC was the effort of a team.
As the lead defence counsel in Kenya Case Two, Kay guided the team made up of Kenyan and international lawyers and investigators to carry out their own investigations and gather evidence to establish the innocence of President Kenyatta.
“We put together people from the office where I work, and we also used lawyers in Kenya. That team shared the work with me and did a very good job. They’re very professional. We also had an investigation counsel called Gary Summers who’s in our chambers, and he supervised the investigations for us on the ground,” Kay explained.
The British based international lawyer recalled hard times in dealing with the prosecution which he claims conducted itself unprofessionally and fell below his expectations of how an international criminal justice system should operate.
“Once we got into the procedures and workings of the court, I was very disappointed. I was disappointed by the conduct of the prosecution. I was disappointed by the outcome of the confirmation of charges hearing, and I was disappointed in the procedures that thereafter followed because there were many warnings from the defence that this case was built upon false and fabricated evidence,” he lamented.
“No one seemed to want to listen to us. They were all in a hurry to get this case of a high profile African leader up in court and in a trial. No one seemed to be looking at the warning signs that if you were a doctor looking at a patient you would be taken as being terminal signs of illness,” Kay added.
In recognition that the ICC process in Kenya was a highly politicised issue, Kay said he played it safe by ensuring the defence team stuck and focused only on its role of defending the president.
He also avoided media interviews which, according to him, would have dragged his team to the politics surrounding the process. The lawyer also appreciated the president’s non-interference in their work which he said helped them to concentrate.
“The legal team was entirely separate from the political team. I’m not someone who wants to put a case into a political context. I’m just a lawyer dealing with a legal trial and a criminal justice system. The whole point to me was that the politics of his country and those around him would have entirely different interests, entirely different motivations with the legal team. And the legal team has to keep its eye on the legal issues. That way you get to the truth of a case,” he explained.
Kay who said he was surprised that ICC Prosecutor Fatou Bensouda had not apologised publicly or admitted that her office had failed urged the prosecution to pursue lying witnesses especially witness P004.
He believed that the outcome against President Kenyatta was final after the ICC judges made their decision and it will be impossible for the prosecution to bring any further allegations in future.
“I can tell you Bensouda is talking total rubbish. There isn’t another case. There will never be another case, as there wasn’t a case in the first place. This is again an example of the OTP trying to protect its public image and send a message that is misleading,” he responded to the prosecution’s pronouncement that it could revive the allegations in future.
According to him on realisation that the prosecution was failing, its hope was that President Kenyatta would ignore the summons to be present in court during the last status conference.
He said he advised him not to skip the session as it ‘was a staged hearing by the prosecution and the court to see whether he would turn up. If he didn’t turn up, a warrant could be issued, and he’d look like a bad guy.’
Though the case against his client was dismissed, Kay’s work has not ended as he has to discuss with the ICC Registrar on protection of defence witnesses.
He explained of a looming disagreement as the registrar of the court says some defence witnesses will not continue receiving protection of the court.
“The registrar is going through a process of deciding whether they should remain protected or not. We have a conflict with him over that. He’s saying some of our witnesses should not remain protected, and we say they should be, in the same way the prosecution witnesses are protected,” he said.
Judges of the ICC last Friday dropped the case against President Kenyatta following the prosecution’s application admitting that it did not have evidence to sustain its allegation
From Capital fm

Embu Deputy Speaker wanted by CID in murder probe

 Embu County Deputy Speaker Ibrahim Swaleh was on Tuesday summoned to the county CID headquarters to be questioned over claims of conspiracy to murder two of his political rivals.
According to the summonses seen by Capital FM News, Swaleh was to be questioned over the murder claims and provide any other information on the matter. Swaleh has been linked to a case where a mother, her 23-year-old son and another person were arraigned in an Embu court, charged with conspiracy to commit murder.

The Deputy Speaker was required to be at the County CID headquarters by 4pm but he did not honour the summonses.
Swaleh has been linked to a case where a mother, her 23-year-old son and another person were arraigned in an Embu court, charged with conspiracy to commit murder.
The three however did not take plea in court as the investigation side asked for more time to conclude their probe.
The summons read in part: “I am inquiring into an alleged offence of conspiracy to murder contrary to section 224 of the Penal Code and have reason to believe that you may have some information which can assist me in my investigations… I require you to attend before me at county headquarters on 17th day of March year 2015 at 4pm.”
The summons indicated that the Deputy Speaker had acknowledged receipt.
The said offence was allegedly committed on March 4 this year at Dallas Estate in Embu town.
From Capital fm

New cervical cancer testing device out

It will now take just three hours to detect cervical cancer.

University of Nairobi’s Kavi Institute of Clinical Research has acquired testing equipment called Hybrid Capture System from the Netherlands. The kit can detect chronic human papilloma virus early and more accurately than the pap-smear test.
The test can notify doctors about early infections caused by the virus that have a high likelihood of triggering abnormal cell growth.
In Kenya, cancer is the third leading cause of death after infectious and cardiovascular diseases. Breast and cervical cancers are the biggest killers of women.
Breast cancer accounts for 34 per 100,000 cases while cervical cancer is 25 per 100,000.
Head of Molecular Applications Lab at the institute Lucy Macharia Tuesday said the test, called careHPV, would be cost-effective and efficient.
“The test can detect 14 types of the virus from a sample that can either be taken through a smear by a health worker or the patient. It is accurate by about 80 per cent compared to pap smear whose accuracy is 50 per cent. The cost will also be subsidised but the exact figures are yet to be agreed on,” she said.
There are more than 100 different variants of HPV. However, types 16 and 18 are known to cause cervical cancer in about 70 to 75 per cent of the cases.
As of 2012, Kenya Cancer Registry estimated the annual number of cervical cancer cases at 2,454, with 1,676 fatalities.
Nairobi registers 10 to 15 new cervical cancer cases every week.
Six in 10 cervical cancer cases in the country end in death because they are not detected early.
Delay in detection has been attributed to myths and misconceptions about the disease.
Ms Macharia spoke on the sidelines of the first HPV Conference at the institute that brought together global experts and researchers.
The conference was opened by Dr Jack Kioko from the Ministry of Health.
“Cervical cancer screening coverage in Kenya among women of 18-69 years is only 3.2 per cent. Some cases are diagnosed late and may be fatal. Early detection is important for treatment, otherwise, it is projected that by 2025, we will be recording over 4,000 cases every year,” said Dr Kioko.
The virus can live in a woman’s body for more than 10 years without being detected.
It leads to uncontrolled growth of cells in the cervix which can develop into tumours. Over time, one develops cancer characterised by severe bleeding, backaches, among other symptoms.
From Nation news

Raila taunts JAP at rally to celebrate Memusi’s victory

ODM leader Raila Odinga Tuesday taunted the Jubilee Alliance Party for the loss the new political outfit linked to the President suffered at the hands of the Opposition in the Kajiado Central by-election.
Speaking at a thanksgiving rally in Kajiado town, Mr Odinga said ODM’s victory represented the death of the Jubilee Alliance Party (JAP), just two months after it was formed from a union of the governing TNA and URP coalition. He said that with the defeat “everything about it is all dead now”.
“They killed URP and TNA so they can bring here a new baby called JAP. But even their new baby is now dead. We are telling them that Kajiado is not where they bring the dead (parties) for burial,” he said amid cheers from supporters at the KCB grounds.
Mr Odinga accused JAP and its leaders of trying to influence voters with money. He was with other leaders in the Coalition for Reform and Democracy (Cord) that included Mr Kalonzo Musyoka, Senator Johnson Muthama and Kajiado Governor David ole Nkedianye, among others.
They were celebrating the election of Mr Elijah Memusi who on Monday garnered 16,008 votes to defeat Mr Patrick Tutui of JAP, who had 15,508. The contest between the two had been tight.
On Monday, the elections were largely peaceful but three men were arrested outside polling stations with bundles of cash. ODM officials claimed that the men had been bribing voters.
The three men were later released after they pledged to honour a police summons.
Kajiado Police Boss Samuel Kumuut told the Nation the case was now under investigation by the Directorate of Criminal Investigations and the Independent Electoral and Boundaries Commission.
Mr Odinga led a road show through the streets of Kajiado, joined by Mr Memusi’s supporters who had congregated in groups to celebrate their candidate’s victory.
The political repercussions of JAP’s defeat sent shock waves among political leaders in Kajiado, especially since the JAP candidate was heavily supported during the campaigns.
President Uhuru Kenyatta campaigned for him before leaving the country for an official visit to Japan while Deputy President William Ruto was in the area on three different occasions, accompanied by various Jubilee leaders.
From Nation news

Voters ask court to block Ferdinend Waititu from Kabete by-election

Ferdinand Waititu’s candidature for the Kabete by-election hangs in the balance after two voters from the constituency challenged his integrity on Tuesday.Former Embakasi MP Ferdinand Waititu. Lady Justice Mumbi Ngugi has declared him unfit to hold public office. PHOTO/BILLY MUTAI | File
Mr Godfrey Kimathi and Mr Joseph Njuguna want an order compelling the Jubilee Alliance Party (JAP) to nullify the nomination certificate it issued to Mr Waititu.
They also want the court to order the electoral commission not to issue a clearance certificate to the former Embakasi MP to vie for the seat.
Through lawyer Philip Henry, the two voters argued that Mr Waititu lacks the integrity to contest and hold public office as a result of a High Court finding that declared him unfit to hold public office.
“Mr Waititu has some (character issues), which make him lack the integrity to contest the Kabete parliamentary seat. The people of Kabete stand to have poor representation in the National Assembly unless his nomination is revoked,” said Mr Henry.
According to the lawyer, Mr Waititu is known for violence and his image was tainted when he was caught on camera throwing stones, leading unlawful demonstrations, inciting people to violence and destroying property.
Mr Kimathi and Mr Njuguna based their arguments on a judgment by Justice Mumbi Ngugi in February 2014 in which she declared Mr Waititu unfit to hold public office and nullified his appointment as chairman of the Athi Water Services Board.
The ruling followed an application by businessman Benson Riitho, who claimed that Mr Waititu lacked personal integrity, competence and was not suitable to hold any public office due to his character.
“Being a representative of the people, a member of the National Assembly is required to satisfy requirements of Chapter Six of the Constitution and his nomination if approved with be a violation of the law,” said Mr Henry.
He argued that Mr Waititu has never appealed against the High Court judgment, adding that the decision not to appeal showed he was satisfied with the pronouncement that he is unfit to hold any public office.
The voters, he said, are apprehensive that Mr Waititu might vie for the Kaimbu governor’s seat in 2017 if he is cleared to contest in the Kabete by-election.
“The petitioners are also apprehensive of how he will relate with other members of the Kabete constituency from different communities, especially after he was charged with inciting people against the Maasai community in Kayole,” said the lawyer.
The two voters claimed Mr Waititu is facing other legal suits that might see him handed a custodial sentence of more than six months, and which will make the people of Kabete hold another by-election.
They want a declaration that Mr Waititu’s philosophy of “instant justice” is a violation of the rules of natural justice, and that his candidature is unlawful, null and void.
The application is scheduled for a hearing on Wednesday.
Mr Waititu won the JAP ticket in the primaries conducted last Saturday, garnering 14,696 votes to beat a crowded field of 12 candidates.
From Nation news
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