Nairobi Business Monthly

How technology can help African for the payroll reams of manual TECHBYTEbusinesses transform their HR paperwork, Hartman says.and payroll functions Samsung takes A sound automated payroll innovation forwardBy Clive Moagi African businesses that don’t system is also critical in manag- modernise their environments ing the business’s financials and As competition in the country’sAfrican organisations are risk falling behind the trend,” planning around its resources, retail and hospitality market coming under enormous says Hartman. he adds. It also helps busi- heats up from the growing number ofpressure to implement auto- nesses avoid issues such as operators, the use of in-store displaymated payroll and HR solutions Hartman says that the tighter payroll fraud, late wage and screens has grown in tandem.so that they can keep pace tax and regulatory environment salary payments, or inaccuratewith global competition and makes it vital for African organi- calculations of deductions Samsung Electronics East Africathe growing demands of tax sations to put in place solutions and overtime. A good payroll is introducing new business displayauthorities and regulators. that streamline keeping records solution is thus a foundation on solutions and technologies to the and doing payroll calculations. which a business can build bet- market prompted by the recent That’s according to Gerhard Such solutions ease the process ter financial and HR practices, Integrated Systems Europe (ISE) 2015,Hartman, Head of Department, of catering for payroll deduc- says Hartman. the largest international B2B displaySage HR Africa, who says many tions such as social security and exhibition in Europe. Billed ‘InnovationAfrican businesses – especially tax incentives. They also make “Payroll solutions help to to the Next Level,’ the world’s leadingmid-sized enterprises – must it simpler to keep track of yearly hone the strategic focus of the electronics company set out its visionreplace legacy systems and changes to tax regulations that HR department, says Hart- for the future through innovative prod-automate manual processes to impact on payroll tax calcula- man. “They free HR and payroll ucts such as outdoor signage, videoremain competitive in a rapidly tions. managers from the drudgery of walls and LED signage to stimulatechanging market. This is espe- paperwork so that they can fo- businesses and customers alike. “Thecially the case as African compa- “Without an automated pay- cus on developing and motivat- solutions are optimised for a varietynies find themselves competing roll solution, most businesses ing employees. In addition, they of environments and market verti-against multinationals with will find it difficult to perform provide management informa- cals including retailers, offices andestablished IT infrastructure and accurate calculations and file tax tion that executives can use for hotels,” says Robert Ngeru, Samsungas governments throughout Af- submissions on time,” Hartman better business forecasting and Electronics Vice President and COO forrica put in place more stringent says. “With African governments strategic planning.” East and Central Africa. “Samsung islabour and tax laws. putting more focus on govern- positioned to build from a successful ance and tax compliance than For example, payroll can help 2014 in the digital display and signage According to the Sierra-Cedar ever before, responsible com- businesses understand how field by offering cutting-edge solutions2014–2015 HR Systems Survey panies must have robust and employees are contributing to and identifying new possibilities forWhite Paper – 97% of companies accurate ways to capture and profitability, what resources our customers,” he adds. Seoggi Kim,worldwide have adopted payroll report on payroll and HR data.” they might need to engage and Senior Vice President, Enterpriseapplications. And the whitepa- at what cost for major projects, Business Team during the unveil atper revealed that over 50% of An automated solution will and where they have gaps or ISE said: “Samsung’s total displaythe Survey respondents of all take care of calculating the surpluses in their human capac- solutions — from outdoor signagesizes were planning to increase complex formulas, generating ity, Hartman says. “Our clients and video walls to LED displays andspending on HR technology in the relevant compliance reports, tell us that our software doesn’t curved monitors — are smarter,the year ahead. “This shows that and keeping accurate records, just streamline processes. It also better customized and differentiated sparing the person responsible helps them make smarter busi- to provide new opportunities and ness decisions.” drive growth for our customers in the retail, public, corporate and hospital- Once a robust payroll solution ity markets.” Samsung focused on is in place, organisations can integrated and engaging total display start looking at features such as solutions. The company’s suite of Employee Self-Service, which semi-outdoor and outdoor signage enables further efficiencies and displays (OMD and OHD Series SMART helps companies to improve en- Signage) are designed to help busi- gagement with their employees, ness owners easily produce brilliant says Hartman. New technologies messaging — in varying conditions — such as the cloud mean that it with highly-visible and energy-efficient can be surprisingly quick, af- LED BLU displays. fordable and easy for companies to roll out electronic HR and payroll processes that transform their businesses, he adds.  April 2015 | Nairobi Business Monthly | 49

Society statisticshsftreahondoemtnbe3lne1,y9e5c2n8e68d43e0xpttoooeecud1ru9steot8oaen7tfdhs& CultureCONTENTS ► Last Word: why counties are key to Kenya’s economic engine LIFE • TRAVEL • RESTAURANT REVIEWS • FILM & THEATRE • ART • MUSIC • BOOK REVIEW • SPORTSjusticeThe Death penaltyand its colossalcontroversyDoes the delay in carrying out thedeath sentence merely constitute“unconscionable treatment” ordoes it border on gross miscarriageof justice to the convict?By David Wanjala judgment day, life changes forever. It is total Deba, a death row inmate at Kamiti Maxi- confusion and despair. Between choosing mum Prison.A handcart pusher convicted and to believe the reality of what you’ve just sentenced to hang in 1965 for the heard or resisting it hoping the nightmare The father of three was sentenced murder of Pio Gama Pinto, Kenya’s will soon end paving way for normalcy, you to hang in February 2012 on charges ofleading freedom fighter, recently resurfaced. are whisked away as the devastated family murder. The Court of Appeal rejected his members present give up hope on you. The appeal in October 2013. Prior to his arrest in Kisili Mutua wants the court to declare his world ends there,” decries Antony Ongulu 2008, Mr Deba worked as a casual laborertrial a miscarriage of justice. He has sued the at the Export Processing Zone in AthiAttorney General and is seeking a declaration River. He alleges his trouble began when athat his rights, under the 1963 Constitution, robbery with violence suspect was lynchedwere violated when he was tortured while in on the company premises and he; togetherpolice custody. He wants the court to award with two of his other colleagues were heldhim exemplary and punitive damages. responsible. They were all sentenced to death by a High Court in Machakos. Mutua was released by President Moi on “It is not a solution. Once there’s nothingJuly 4, 2001. He was 22 when he was arrested. you are living for, once you give up hope, youFor 35 years, he braved every sunrise on death can do anything. It is the core cause of unru-row not knowing when the light at the end of liness within us and even against officersthe tunnel would dim. “The moment the words ‘sentenced todeath’ are pronounced in court on your50 | Nairobi Business Monthly | April 2015

Society & Culture If the death 1 2004. The Magistrates’ Court sitting electrocution and lethal injection were sentence is to in Kerugoya sentenced him to death in embraced.retain it’s meaning, it has September 2005. In 2006, a High Courtto be carried out within sitting in Embu found flaws in his trial The application of the death penalty ina reasonable time at and ordered for a retrial. The retrial, this colonial Kenya was heightened during thebest within 3yrs after time sitting in Thika still found him struggle for independence. In 1953, followingthe highest appellate guilty as charged and meted out the same the declaration of state of emergency in 1952,court has confirmed the sentence. His appeal was still pending at Sir Evelyn Baring, Governor-General of Kenyasentence the time of this interview. imposed the death penalty for persons who administered the Mau Mau oath. Lady Justice C.K. Byamugisha Britain, Kaberia argues, Kenya’s of the Constitutional Court of colonial master from whom we inherited Independent Kenya embraced it. Available the capital punishment law has since data show that from 1963 to 1987, covering Uganda abolished it. The UK, which used capital the entire period the founding President, punishment since the creation of the Mzee Jomo Kenyatta was in power and nearlysince you know there isn’t any other more State in 1707, abolished it in 1964 when the 10yrs into his successor, President Danielsevere punishment that can be meted on last executions were carried out. Moi’s regime, 280 persons out of the 3,584you beyond what you are already serving. It On December 12 2013 when Kenya was sentenced to death had been executed. 135would do more good if you were sentenced celebrating 50yrs of independence, a local had benefitted from the presidential parole.to a definite term,” the visibly panicked daily reported that a death row inmate atKamsinga Boys form two dropout says Kamiti Maximum Security Prison chopped It is the infamous Kamiti Maximumadding that knowing that you will go home off his manhood when his hopes of regain- Security Prison where most of the execu-after sometime, whatever the years, helps. ing freedom by presidential pardon were tions were carried. Located in the originally dashed. agricultural county (it is gradually changing His colleague on death row, Morris Kabe- “He told other inmates that he had into a real estate county owing to its proxim-ria takes issue with the endemic unpredict- been hoping to be released on presiden- ity to the capital city, Nairobi) of Kiambu andability of when the sentence will be carried tial pardon but when the President did formerly named Kamiti Downs, the prisonout. “If you sentence someone to hang, you not mention the release of prisoners, he facility sits in the middle of its own 1,200had better carry it out within reasonable decided to chop off his manhood because acre estate that lie untended.time. If you cannot, then scrap it from the it was useless to him since he cannot havelaw altogether,” he says. children now,” the Star newspaper quoted Dedan Kimathi was hanged here by the an inmate. British colonial administration on February The former Criminal Investigations Francis Karuri had served 15 years 18, 1957. So were the 1982 attempted coupOfficer was arrested, while still serving, on death row for robbery with violence leaders Capt. Hezekiah Ochuka and Pancrasfor robbery with violence on November before his sentence was commuted to life Oteyo Okumu on May 17, 1987. The duo had imprisonment. He also suffered from a attempted to overthrow the increasingly liver ailment. He was rushed to Kenyatta dictatorial regime of President Moi. No death National Hospital where efforts to reattach penalty, it is believed, has been carried out the severed organ failed. since then. Death penalty entails the taking away of one’s life after a conviction on a capital According to a Kenya National Commis- offence by a competent court. Under sion on Human Rights (KNCHR) paper of Kenyan law, offenses of murder, treason 2007 titled Abolition of the death penalty and robbery with violence including in Kenya, 3, 741 persons were convicted of attempted robbery with violence carry a capital offenses that warranted death penalty mandatory death sentence. between 2001 and 2005. In 2001, 728 were Death penalty as a form of punish- convicted, 865 in 2002, 787 in 2003, 617 in ment has existed, despite its shadow-like 2004 and 744 in 2005. controversy, in almost all civilizations. It is only the mode of its execution that has Though the death penalty under the varied from country to country. Crucifix- Kenyan law is, as afore stated, reserved for ion, stoning, drowning, burning or boiling murder, treason, robbery with violence and alive, hanging or beheading are some of attempted robbery with violence, most of the the common modes used in the yore. With known cases where this form of punishment advancement in civilization and technol- was meted and executed since independence ogy however other forms like shooting, are only where treason was alleged. This has cemented the school of thought that the death penalty was used as a political tool by the status quo, more so the KANU regime to cow dissidents to its rule and maintain a stranglehold on power. April 2015 | Nairobi Business Monthly | 51

Society& Culture President Kibaki, in his second term from the Bomas draft, the report says, the and legal issues, it is not even a question ofcommuted the sentences of all those on Wako Draft II recognised the right to life discretion by the judges. “The Penal Codedeath row in Kenya in 2009. This affected but gave Parliament the power to legislate still has mandatory death penalty for 4 or 5over 4, 000 cases and is thought to be the the extent to which a person may enjoy that offences, and so judicial officers do not havelargest commutation of death sentences right. discretion. The judiciary tried to change thisin the world. Prior to that, there had been by an appeal decision in 2010, Mutiso v R, butattempts, particularly during the Constitu- By implication, the death penalty still had this was overruled recently in Mwaura v R.”tion making processes, to strike the death room in the then proposed Draft Constitu-penalty out of our laws with the proponents tion that was rejected during the November Kenyans have grappled over the years, likeof the same arguing it is archaic and uncon- 2005 referendum. Even the new Constitution the rest of the world, with the question ofstitutional. 2010 did not expressly deal with the question capital punishment; whether to cling on it in of death penalty. In fact, experts argue, it the statutes when the State has not executed KNCHR reckons in its paper mentioned remains silent on the issue in essence giving anyone since 1987 despite the list of those onabove that despite initial inclusion of express leeway for the courts to mete out the punish- death row growing every sunrise. Accordinglanguage in the draft Constitution outlawing ment to capital offenders. to Mr Kanjama, capital punishment may becapital punishment, delegates at the Nation- necessary in some cases, “but I believe suchal Constitutional Conference at the Bomas of As recent as October 12, 2011, a Court cases are few and far between.”Kenya eventually voted in favour of retaining sentenced a former police officer and hiscapital punishment, “principally on the basis businessman friend to hang for murdering He however stresses that it is the job ofthat people who committed heinous crimes the son of former Gatundu North MP Patrick Parliament to reform the law, not the courts.should be punished as harshly as possible.” Muiruri. High Court Judge Mohammed When the new Constitution was being Warsame sent Dickson Munene and Alex- debated, the advocate says, “Requests to As a result, KNCHR adds, the Bomas Draft ander Chepkonga to the hangman’s noose abolish the death penalty were consideredConstitution recognized that every person after finding them guilty of the murder of Dr and rejected. Still it is possible to amend thehas the right to life, but remained silent on James Ng’ang’a Muiruri outside a Westlands Penal Code if required.”the death penalty and neither mentioned nightclub in 2009.situations under which the right to life may Even more controversial, however, isbe deprived. Adopting a different approach According Charles Kanjama, an advocate of the question of the time it should take to the High Court and commentator on political effect the sentence after all appeals have52 | Nairobi Business Monthly | April 2015

been exhausted. Does it merely constitute HOTEL REVIEW“unconscionable treatment” in the wordsof Mr Kanjama or does it border on gross THE PANARI HOTEL, NAIROBImiscarriage of justice to the convicted? Location: Mombasa Road, “I think,” Mr Kanjama says, “it is unfair, Nairobi Kenya.and may constitute unconscionable treat-ment. There should be a reasonable time Overlooking Nairobi National Park, this hotel islimit for the punishment to be carried out 10 minutes’ drive from Jomo Kenyatta Interna-after all appeals end, else the sentence gets tional Airport. Each room includes a flat-screencommuted.” TV with satellite channels. Free parking is provided. It has not been a headache only in Kenya.The question was considered and adequate- All air-conditioned rooms feature a seating area,ly addressed in the Constitutional Court of a work desk and tea and coffee-making facilities.Uganda in the Susan Kigula and 417 others v An en suite bathroom with a bathrobe, slippers and a hairdryer is also offered.the Attorney General, June 9, 2005. Guests can take advantage of the fitness centre with a fully equipped gym and a busi- The petitioners, all on death row having ness centre at Nairobi Panari Hotel. An indoor pool is also featured. A sauna, steambeen convicted of offences under the baths and a spa are available on site.laws of Uganda and sentenced to death, The Ruby Lounge and Shooters & Dips serves cocktails daily. The Red Garnet Restau-contended, among others that “a long rant offers international cuisine.delay between the pronouncement of thedeath sentence and the carrying out of the Panari Sky Centre features gift shops and a pharmacy.sentence, allows for a death row syndrome Nairobi city centre is 7 kilometres from The Panari Hotel Nairobi. Nairobi Nationalto set in. Carrying out of the death sentence Park is 30 minutes’ drive from the resort.after such a long delay constitutes a cruel,inhuman and degrading treatment prohib- HOTEL FACILITIESited by articles 24 and 44 of the Constitu- Dolphin Gym & Spa: Panari has a fitness centre that has a fully equipped gym, in-doortion.” swimming pool and spa that offers massage treatments and separate steam and sau- na for ladies and gentlemen. The Gym is fully equipped with state-of-the-art exercise The four-judge bench agreed with the machines and a personal instructor to encourage you to maintain your routine.petitioners’ contention that the long delay After a long flight or a workout at the Panari Gym, there is nothing more refreshingbetween the pronouncement of the death than a dip in the pool. Relax in the sauna and Jacuzzi.sentence and the carrying out the sentenceconstitutes a cruel and inhuman treatment. Panari Ice Skating Rink: Enjoy ice-skating at East and Central Africa’s first ever-skating rink. Fun for the entire family, fun for all ages! Simply have fun skating on the ice with “Any delay to carry out the death sentence friends and family.after it had been confirmed by the highest You will enjoy the family oriented and comfortable atmosphere. With plenty of foodappellate court in the land is inexcus- choices at the Sky Centre, you can enjoy a cold drink or a bite to eat before you hit theable. The sentence ought to be carried out ice rink again.within a reasonable time... A person who is The Ice Rink is also the perfect place to host a party. Whether it is a birthday or asentenced to death does not lose the protec- business launch, your event can be unique and fun.The Ice Rink is open everyday of thetion of the law against cruel, inhuman or Week.degrading treatment. Swimming Pool: Scenic indoor swimming pool with aerial sun atrium. The pool is 15m x “Therefore, a delay of more than three 24m where a guest can enjoy a relaxed swim to exercise the body and mind.years to carry out the sentence after thesame has been confirmed by the highest — REVIEWED BY: ZADOCK MALIKA.appellate court would amount to unreason-able delay. If the death sentence is to retain April 2015 | Nairobi Business Monthly | 53it’s meaning, then it has to be carried outwithin a reasonable time at best withinthree years after the highest appellate courthad confirmed the sentence. Any periodbeyond that would in my view constituteinordinate delay and therefore unaccep-table,” wrote Justice C.K. Byamugisha ofthe Constitutional Court of Uganda, whichis the equivalent of the Supreme Court ofKenya.

Society& Culturesurvival also give me money to buy items they need that I don’t have, and they trust me to deliverIt is a hawker’s life: them,” he says.tenacity for survival The art of selling goods on street cornersBy Kevin Motaroki askaris instils the same fear as that of swim- began centuries ago, in medieval Europe. It ming in a river infested with crocodiles? You was a simple enough affair – money chang-“ What will you take today, sir? Yes, yes, can’t see them, but they are always there... ing hands for required goods. However, as a power bank... It is as genuine as those the social needs, cultural relevance, and in the Samsung shops, but I got mine In Hong Kong, the South China Morning economic needs of individuals and groupsfrom a dealer. Half price. What do you say? Post reports, hawkers will be extinct in 50 involved in these sales evolved from rural toI will knock of Sh200, just for you. Not your years, if government keeps up its current rate urban, from homogeneous to heterogeneouscolour? Alright, I have got a lot more here... of cracking down on them. At home, they populations, so did the face of hawkers.How about a...” seem as perennial as the grass. Yet, county governments everywhere, competing to lure In Kenya, the economy failed to take off for At that moment a trailer blares its horn investors to their towns, have introduced the longest time after independence, slow-behind him; he ducks to safety and turns stringent rules meant to keep them away ing down growth and raising inequalities,to the next person. If you had shown the from the gloss of their central business which, in turn, meant that the governmentslightest hint of interest, as much as an eye districts. Is it closing time for them? Not yet, was unable to give financial aid to its needycontact, he will come running after you, perhaps. citizens. At the turn of the millennium,never mind that traffic is flowing at 30kph technological changes reduced employerand he has 12 kilos worth of wares. “I cannot stop hawking, no matter what dependence on unskilled workers, as did they may do. I have slept in jail, paid bribes the movement of the manufacturing sector You have got to admire their stamina, with my entire sales and had an arm broken and into periphery towns. Hawkers, who hadstanding all day, every day, in the sun and in running battles with council askaris. But it already happened, multiplied.in the rain, running after cars and pedes- is this trade that feeds and clothes my family,trians, talking nineteen to the dozen trying takes care of my parents and educates my Susanne Mueller, an associate professor atto convince you to make a purchase, and children,” says Abel Muriuki who ‘works’ the University of California, San Francisco,they cannot even drink the water they are along Waiyaki Way. attributes the explosion in the number ofpeddling to sooth their parched throats. Now, hawkers in the relativity between the well-that is resilience. Can you imagine what it is He has got a long list of clients, who, he being of the poor and the rich. The livinglike looking out for buyers and keeping an says, will not buy from another unless he is conditions in “inner cities” – the central areaeye out for city council officials – who could absent. of a major city; its metropolis –, she asserts,very well be disguised as buyers – at the same have become more precarious, even intime, in a city where the notoriety of the “They take items on credit and pay at the metropolitan areas where employment has end of the month. It is a relationship we boomed. As a result, the “street hawker” has have built over time. Sometimes, they will made a conscious decision to improve the quality of his/her life. Some of those with whom I spoke are not54 | Nairobi Business Monthly | April 2015

down on their luck because they have been “It works well because every officer has school. In fact, she dropped out before sheunable to attend school. In fact, some of his area of jurisdiction. But sometimes we could sit her final primary school examina-them are graduates who would gladly take get new officers, and are forced to part with tion. “But I had a nose for business, andup formal employment if it were available. larger amounts. Of course, it doesn’t deter us; cooking.”Mueller categorises them as ordinary men it is all part of the job, with its own perils justand women who have formed an own subcul- like any other,” says Edwin. She wakes at 4 am every day to prepareture, with a distinctive set of cultural beliefs tea and snacks, which she sells along Dar esand behaviours that differ in a significant So, why not just get a licence and avoid all Salaam and Kampala Roads.way from that of the larger society. the trouble? “I don’t sell to just those coming to do Edwin Kitui vends his stuff – mostly fruit “A licence restricts one to a particular area. casual labour. Motorists and businessmen– in and around Uhuru Park. His best clients, Besides, the county government doesn’t buy from me as well. They like their tea rich,he says, are motorists who usually use the allow hawking within the CBD, and there and so I have different flasks for them. Theyroad running through the facility to escape are too many established business for us to like my snacks – chapatti, mandazi andtraffic. compete favourably. It is more profitable to sweet potatoes mostly – and some even make walk and cover a wider area. You get clients orders a day in advance. I don’t give them “I usually give away fruits on credit to you never would have.” anything fancy, but they like it, and expectscores of motorists – of course, many always me every day,” she says. “The sweet potatoespay on the spot, which is how I am able to Abel has hawked for two years and Edwin are especially popular because they sit in theremain liquid. At first I was scared of doing 13. Do they dream of getting out of this busi- stomach longer.”that but my clients have proven very faithful. ness?It works well for me because seldom does Petronilla has stuck to the same routinefruit go bad, and I get to save for lean times,” “Sometimes,” Edwin offers, “but only when for 27 years. When her daughter finishedhe quips. I have better prospects elsewhere.” college and couldn’t find work, she joined her mother and hasn’t bothered to look for a That is the good bit, for a man who makes He has never saved much, as he uses much job since then.a tidy Sh40,000 monthly on average. This of what he earns to school his children andis not such a bad figure, considering that at live by. But he has recently got into a Sacco, She also has a stall along the same roadany given time, there are about four or five of whose members are mainly boda boda opera- (Dar es Salaam), which her daughter runs. Itthem working the same stretch. tors. He estimates that in another five years, is teeming with patrons when I meet her for he will have saved enough to open a clothes the story. She refills her containers and flasks “We, however, have to contend with city stall. and leaves instructions for her daughter.council officials who demand bribes every As she lifts the heavy package surprisinglyso often. They don’t have to come looking for “I am getting old and am not much for effortlessly, I tag along; eager to see howus; it is an off-the-cuff arrangement – we give running around anymore.” quickly she sells. At a spare parts shop a fewthem some money, whenever we meet. That metres away, she leaves a flask and severalway we don’t have to pay for licences.” As for Abel, who is a Water Engineering tinfoil wraps. The clients know what is inside graduate, he will as soon as he gets a job. “But by weight, and distribute them accordingly. until that time, the streets are mine. She has barely ended her transaction when a motorist hoots and asks her “remember to Petronilla Auma says she never did well in bring me mine”. She nods eagerly. “I have my ways of dealing with county officials; they don’t trouble me anymore,” she responds when I ask her if she bribes them. “What bothers me are the gangs, but even those can be appeased,” she says with a chuckle. When we part ways fifteen minutes later, her basket is empty. I get to town late afternoon and, crossing the road from Moi Avenue to Tom Mboya at Ambassadeur, hear a commotion behind me. A man and a woman gather the contents on a sack between them – vests and socks – and dash across the street, the man shielding her as they do so. Apparently, there are council askaris nearby but, of course, to my untrained eye, I can’t spot them. It is a hawker’s life.... April 2015 | Nairobi Business Monthly | 55

Society& CultureshowbizCatwalksuccess onthe HudsonBY Heidi Tsui accompanied by an even more impressive were accompanied by classy and elegant jewelry collection by Colombian-German dresses by UK fashion brand Reiss.M odel and entrepreneur Jessica Minh talent Sonia Heilbron. Each look enchanted Anh marked her 9th history-making viewers with a burst of colors and unique Returning to Jessica Minh Anh’s iconic fashion show on March 19 when craftsmanship in Sonia’s designs, as well as catwalk is Indian sensation Shilpa Reddyshe transformed the Hudson River into the the spectacular embellishments, layers, and with a brand new collection called Floralworld’s newest catwalk. J Spring Fashion texture in Yumi Katsura’s long tail dresses. Geometry. The creative artist reinventedShow 2015, which lasted nearly two hours, Both designers succeeded in marrying cultural embroideries on Pochampallypresented New York, as we all know it, in a heritage with a new dimension of luxury and weave while delivering impeccable cuts andnew light. glamour. clean structures. Another representative from South Asia is Pakistani designer Syeda Jessica Minh Anh is famously known Adding elegance and sophistication to the Amera, who showcased an ultra-femininefor transforming the world’s most iconic grand catwalk, Eastern European representa- collection with many glittery beads andvenues into phenomenal catwalks. She gains tive Lesya Lozneva premiered an airy and sequins. Amera’s designs in aqua and blueexclusive permission to the Eiffel Tower, alluring collection made of soft cotton, shades not only accentuate a woman’sOne World Trade Center, London’s Tower translucent organza, delicate wool, and body but also give her a modern edge withBridge, Grand Canyon Skywalk, Gardens by smooth silk. Inspired by shades and patterns dynamic patterns and transparency.the Bay’s Singapore, PETRONAS Twin Towers’ of nature, the Ukraine designer teamedSkybridge, Seine river in Paris, and Costa transparent dresses in the colors of forest From New Zealand to New York, FrancesAtlantica in Dubai. berries, deep sea, and sunset meadow, with Jerard presented a multi-layered floral and stylish bodysuits. lace collection, which is flirtatious and Visually pushing the envelope, she created joyful. Whilst on the other hand, Indonesianthe illusion of models walking on water by Also with a great attention to detail, Sabres powerhouse Bateeq stood out by mixinghaving guests seated facing the multi-faceted Fashion House from Romania managed traditional batik motifs with structuredglass windows of Bateaux New York and to bring in a refreshing perspective with shapes and daring low cuts. The South Eastwatch models walking in front of them while a new collection called “Mystique”. The Asian brand illustrated their cultural evolu-the boat was cruising. As a result, New York’s central European brand creatively presentedfamous skyline and its architectural master- sensuality using luxurious gold fabrics, handpieces such as the Brooklyn Bridge, Statue of painted motifs, intricate embroideries, andLiberty, and One World Trade Center became distinctive cuts.the natural backdrop for the floating catwalk. Italian luxury handbag brand Gianfranco Similar to her previous phenomena on Lotti spiced up the catwalk with a premiumthe Grand Canyon Skywalk, Eiffel Tower, and quality leather bag collection, which showedOne World Trade Center, J Spring Fashion authenticity at its best. Handcrafted inShow 2015 showcased a combination of Italy from the finest alligator, the collec-haute couture, high-end ready-to-wear, tion featured both classic and structuredluxury jewelry, and leather bag collections silhouette designs celebrating modernityfrom 4 continents. Participating design- and uniqueness. Gianfranco Lotti’s handbagsers embraced tradition and culture, yetexperimented with innovative techniques ofmodern designs. The highly anticipated catwalk openedwith an exquisite haute couture collection byJapanese legendary designer Yumi Katsura56 | Nairobi Business Monthly | April 2015

tion and heritage in a 25-look collection TASTEwhile keeping it contemporary and youthful. Top things every fashionable J Spring Fashion Show 2015 ended with a girl must have in her closetcaptivating haute couture collection from topLebanese designer Tony Ward, who brought BY Barbra Kinyanjui look boxy and that’s definitely something you doclass and extravagance to the unconventional not want!catwalk. The Middle Eastern talent show- A lady’s wardrobe is an extension of hercased an exclusive Heritage collection, which personality. Stocked with everything Trusty Heelsreflected a fusion of layers, shapes, and from essentials to frivolous knick-knacks, The term ‘killer heels’ are a cliche for a goodcolors. The perfect silhouette combined with it is equipped with everything that a lady reason. A pair of heels can absolutely trans-fashion forward cuts presented an almost needs for her armour. Below is, according to form any outfit that a lady may choose to wear.unattainable balance between two contradic- Kaymu, an online shopping community that Whether it’s a business meeting or a night outtory states of whimsicality and boldness. connects and empowers buyers and sellers in the town, nothing helps boost confidence likeJessica Minh Anh appeared as a vision in the a list of some top picks, which are absolute a pair of heels! The best heels strike a balance must-haves that every lady needs to have in between balance and comfort and at the same extraordinary finale dress, her closet. time manage to add the extra oomph! closing the high profile event on a perfect note. Red Lipstick Blue Jeans A rich red or burgundy shade of lipstick is Another classic like the white shirt is the pair “Jessica Minh Anh’s inno- something that you are most likely to find in of classic blue jeans. Fitted, versatile and high vative catwalk concept took any lady’s handbag. Whether it is a casual on the comfort quotient, blue jeans fit in with my breath away. It was truly brunch or a date after work, red lipstick can every season and every kind of outfit - moreover magnificent. I cannot think of work wonders and change your look from they can also transition from casual to formal a better way to present fash- casual to classy. Be sure to take note of your in a jiffy! ion and New York,” said Jana skin tone when buying your lipstick though. Leblanc, Cosmopolitan CZ. Luckily, there are many shades of red to go “Jessica has definitely brought around, so go for it! something very special to the fashion world” Pastel Shirt Little Black Dress A pastel or white shirt is one of those ever- When in doubt, go for a little black dress, like The red carpet event green classics, which will never go out of the legendary Coco Chanel. Before a night out welcomed country ambassa- style. This too can be versatile and can help in the town every girl spends at least an hour dors and consulates, depart- you work the look in an office environment or debating over what to wear - which is where thement store and luxury boutique buyers, even a casual night out. Most women prefer trusty little black dress comes in! It is impor-international fashion designers, and the a blouse, which is slightly fitted because tant to get the best fit and style so the dress ispress. The iconic catwalk and after party were something that is too loose could make you indeed trusty.supported by Jiffy Steamer, NYIB, Foto Care,DFX, Geo Events, NY Image Studio, NunzioSaviano Salon, Laser Creative Canada, IvankaTrump Fine Jewelry, and Omni BerkshirePlace Hotel among others. J Spring Fashion Show 2015 is part ofJessica Minh Anh’s series of history makingcatwalks at the most iconic venues inthe world, following her recent sky-highsuccesses on the Eiffel Tower, One WorldTrade Center, and most impressively, theGrand Canyon Skywalk. The show continuedredefining modern standards and celebrat-ing the rise of the new generation of creativeleaders. These extremely talented andfiercely ambitious individuals would go thedistance to prove their vision and hard workcan change the world. Catwalking at 4,000feet above the Colorado River and now on theHudson River, Jessica Minh Anh is certainly asignificant part of the new wave. April 2015 | Nairobi Business Monthly | 57

Society& Culture humour a mess, much to his chagrin. What annoyed the bungalow, they shared the kitchen and him even more was the fact that most of the the dining table. They tilled the same piece ofChanging times, the girls only ran out to tell the callers land and used the same granary.Times they were in class.  The villagers did not know to which of theBY David Wanjala When on this particular morning Kui two sisters’ Obumba’s children belonged. walked out to pick the tenth call in a span of And of the twelve, only two were boys, theS he walked in one hour late. The an hour, Dickson lost it. “How”, he wondered, very reason why Obumba’s was Dickson’s sub-editing class began at 8:30am “could these little brats behave as though destination this fateful evening. every Monday and ended at 10:30. they were inseparable from their little gadg-However, Kui always walked in one hour or ets which, a few years back, never existed?” You never just walked through Obumba’seven 40mins to time. She would then use at gate and picked Carol, Sharon, Christine orleast ten minutes to wipe her chair off dust, He stared at them in a haze as he lost whoever it was you were dating. Obumbamost of the time imaginary, for the college himself into the past: the era of letters, would slit your throat with his sword thatcaretaker thoroughly wiped the chairs first telegrams and landline telephones, which also, albeit in disguise, doubled as his walk-thing every morning. Of the remaining thirty had been the reserve of the privileged, and ing stick, or simply knock off your fore teethor so, she would use half of it on phone, how, as teenagers, they had dated as teenag- in a single punch.shuttling in and out of class as though the ers hardly 20 years back.calls she was receiving were from the head of It was rumoured that Shakameta hadstate himself. Kenya Cinema was the popular meeting suffered such fate in the early days of Obum- point for Nairobi teens during the holidays. ba’s retirement. “It was the first week of his He’d been teaching at the college for at If it was a chosen spot, say a third pillar of arrival in the village from Kahawa Barracks,eight months now. It was one of those things a specific building at 2 pm, it had to be the his last posting…” Cheche, Obumba’s neigh-one does after graduation before a proper job exact spot and time, or else you would lose bour and village preacher, would volunteer tosuffices, or so Dickson had thought when he that chance for months, or even forever. any patient ear animatedly as though it hadhad applied for the job. How wrong he was. happened the previous morning.It was almost a year now and the end never If one had to call, it was through a land lineseemed near in coming. with almost certain prospects of either first “…He was still acclimatising. One day he getting the mother or even the father and if was returning from Okwako’s burial when It wasn’t only Kui who shuttled in and out lucky, an older brother. You had to introduce Nereke’s monster pounced. Rather than takeof class to receive calls. Almost all, especially yourself and declare your mission before off like we always do, the soldier went downthe girls did, making the class, amidst shoves whoever you wanted was called for you. You on one knee and released a killer right upper-and pulls and the hooting of moving chairs, would therefore have to be known at least by cut. The next thing we heard was a shrill cry. name and voice by your girlfriend’s family. Shakameta shot off like the rally driver he was christened, his tail between his legs.” In the villages, one had to actually visit the girl’s home in the wee hours of the night, Cheche reported that the next morning, sometimes hovering around the fence for Nereke reported at a Liguru’s baraza that long hours daring all manners of menaces had summoned Obumba that the dog’s jaw that loomed on the horizon, from night had been disfigured. “The bully has never runners to hawk-eyed fathers, wandering pounced on any one else since. Never joke serpents and malaria-infested mosquitoes?  with these soldiers; they can kill you in a flash of a moment,” Cheche would conclude. He recalled this one particular incident in the village when he was in form three. This little episode was public knowledge Despite the routine school dosage of paraffin in Sifuyo and beyond. It was therefore no just before every mid-term break, he had wonder that Dickson had befriended Cole- arrived at home in Sifuyo in an amazing man, the youngest of Obumba’s sons. shape and with a fantastic appetite. He engaged Roba, his old chum in an evening It was 9:30pm, August. Crops were almost overture into Obumba’s homestead that due for harvest. David and Roba sauntered same day. Little did the two youngsters know along Obumba’s fence. They signalled out the evening was bound to be the longest in Coleman and managed to conspire. But as their lives. they were doing this, Mary, the youngest of Obumba’s wives shouted out instructions Obumba, a dandy fellow, was a retired from the main house to Carol who was in the soldier. He was, as would be expected, a kitchen adjacent. Carol was to go to Nereke’s bulldog of sorts. He had married two sisters home, a stone’s throw away and inform and built them a bungalow. The two, for the Nasubo, Nereke’s wife that the merry-go- no nonsense nature of their husband, lived round the Obumba’s were to host the next day together in harmony. Not only did they share had  been cancelled “following unavoidable58 | Nairobi Business Monthly | April 2015

circumstances”. were to be made memorable and sweet. He, If the sight of a cobra could not scare her, if Truth was though, Obumba had for the full of expectancy and excitement, grabbed she could put up with Obumba in marriage “Carol’s” shoulders from behind. for over fourteen years, a stray little amorouspast week been in one of those rare moods. form two boy was nothing.Whenever that happened, everyone within Surprise, they say, can beat even thehis eyeshot had it rough, more so his strongest. Mary, 6.0 tall, light and chubby “He! Heeeeeee!” She let out a shrill butimmediate family. He had read out a Riot Act; was one of those women with unusual satirical laughter, lifted her hands andhe did not want to see any strangers in his courage and agility. In her mid 30s, it was clashed them in one big clap before bringingcompound, particularly those “women who rumoured that she feared very few things, them to a rest on her voluptuous hips.had nothing to do but pass around talking and Obumba, her husband, topped thatabout others’ affairs”. small list. “She is the one who confronted the “Mzee Antonio’s son, so it’s my daughters cobra…”Cheche would volunteer, “…when it you are after, eh? Why don’t you come in Opportunity had presented itself. Coleman wandered into Obumba’s compound. broad daylight when we can all see you? Youwas thus released. All he’d to do was inform are such a fine young man, in fact a chip offhis sister Carol that David was in the area. “Obumba, yes Obumba the soldier sprinted the old block. This is too low of you.”In this part of the world they said Christmas back into his bungalow and locked himself“came only once in a year”. For this duo, it into his daughter’s bedroom, his first wife The young man was taken aback. In factwas, indeed, Christmas. and all the children in hot pursuit. The he was disarmed, confused. For a moment, latter watched from the safety of their glass he did not know what to say or do and Mary The gods too, were conspiring. Shortly windows as Mary confronted the serpent. seized the opportunity to dress him down.after, Mary changed her mind. She decided She crushed it with a hoe in a near fatal “Tell me, my son, which one of my daughtersto go herself lest the message was distorted confrontation with the spitting dragon. has won your heart. You can always …”and rather than shout out, she passed bythe kitchen, informed the girls and left for “Thirty minutes later…,” Cheche would “Please tell your daughters…” he decidedNereke’s, giving Coleman no room to convey add, chuckling, “…Obumba had not come out he wasn’t going to take this lying down. “…tothe change of plan to the amorous love bird. of his hiding. I had to be called to break in say that to their boyfriends so that they stop and can you believe it; we found him cuddled using me as a conduit.” It was dark, frighteningly dark, the kind of under the bed, soaked in his own perspira-darkness that engulfs the atmosphere in the tion.  He claimed he would rather confront “Ha! Ha! Ha! Ha!” His comment solicitedcountryside when the skies are threatening the king of the jungle bare knuckle than another disdainful laughter. “We know, myto break loose in the night. tackle a serpent with an AK47 rifle.” son. We know who the lovebird is amongst my daughters,” she volunteered. “You think Dickson and Carol rarely met. Carol was Mary ranted out a short but shrill scream we do not know it is for Helena (Carol’snever to be seen flirting around or she and that rent the air, as Dickson was about to household name) you risk the storm and dareher other sisters and more so their mothers recite a flirtatious greeting. the darkness? Come tomorrow son, comewould face the wrath of Obumba. Mzee Anto- in broad daylight,” she emphasized the lastnio too, would never take it kindly if word Roba, out of shock and confusion, took three words as she briskly walked away.reached him that his son, only in form three, off like a Ferrari; his first stop, his fatheralready indulged in the pleasures of the flesh. Achaba’s gate. Dickson, on shaky limbs, stood For a minute or so, he stood there inThe result would be swift withdrawal of his ground, more from shock and confu- solitude, disserted by Roba and deflated byschool fees. Mzee Antonio was never known sion than from toughness; Young lads in the Carol’s mum.. “This can’t be”, he murmured.to bluff. He belonged to that rare category of village never stood up to their girlfriends’ At the very moment, as though the heavenssages to whom everything appeared in either mothers lest they were branded rogue. too were conspiring, the skies which hadblack or white; as a schoolboy you were been threatening for quite some time brokeeither dug deep in books, helping with home- There ensued an uneasy one-minute loose into unprecedented downpour. Slowlystead chores or a “malingerer”, whatever that silence as Mary sized up his ‘assailant’. and grudgingly, he’d trudged home throughmeant to the former colonial police corporal. the storm still convinced it was one of thoseThe disdain with which he hurled it at you “Who are you?” she demanded after awful nightmares.Another phone rang at thatwas enough to haunt you a whole month if regaining her composure. precise moment, bringing him alive to hisyou had any conscience. immediate environment, by which time class “Dickson,” he mumbled. “Mzee Antonio’s time had elapsed. He clicked and cursed as he The lovebirds therefore grabbed every son,” he hastily replied. Had her scream watched the students trudge out. It occurredand any opportunity wind blew their way. been loud enough to alert the neighbours, he to him then that he had been glaring at theThey would jump into each other’s chest wondered. What if she said he had tried to students for a full fifteen minutes.and squeeze and kiss and recite all that is rape her? How would Obumba react? What ifsynonymous with juvenile lovers. it got to Mzee Antonio...? “Technology…” he muttered as he gathered his books “has afforded these little brats The moment Carol’s mum approached, Those last two thoughts sent shivers down unrivalled opportunities and yet they can’tDavid tiptoed from the maize field into his spine. This, however, was Mary, Obum- even utilise them responsibly... Always onwhich he’d melted for cover. He wanted to ba’s second wife, youngest sister to Obumba’s calls, texting, tweeting, e-mailing... If onlysurprise his lovebird. Such rare moments first wife, the one who had killed a king cobra they knew...” while Obumba cowered under his daughter’s bed. She wasn’t your average village woman. April 2015 | Nairobi Business Monthly | 59

SPORTSThe soap inKenya’s soccerrumbles onBY Elly Imanyara the mess that has brought Kenya once again to the fore on February 18, 2015 when talks to the door step of world governing body FIFA ordered by Cabinet Secretary for Sports, ArtsT he soap opera that is Kenyan football sanctions, including a worldwide ban from and Culture, Hassan Wario, between the pair would make for interesting viewing the game for the first time since 2006 when collapsed at a Nairobi hotel the moment were it not for the fact that livelihoods existence of parallel leagues prompted exclu- Munro walked out of the conference room.of a whole generation of youth and other sion from the football family.associated stakeholders, not actors, are at “What you need to know is the discus-perilous risk. - Battle front- sion is still on and I have confidence in The dispute was supposedly over whether my colleagues and chairman in coming to The protagonists; Football Kenya Federa- or not to expand Kenya’s top-flight league a satisfactory conclusion,” he told mediation (KPL) and Kenyan Premier League (KPL), to 18 members, an issue, which common- as he left the meeting three hours beforethe league organising company have been at sense suggests would have to be reached byloggerheads since November last year when consensus. KPL argues contractual obliga-the former announced intention to expand tions to the League’s main sponsors, Super-the top flight to 18 teams. Sport, mean an expansion is not possible at this time but FKF insists they should spread Having failed to reach consensus over the revenues further to accommodate thecomposition and management of the 2015 extra sides “as part of the strategic plan toPremier League, the federation rushed grow the domestic league.”to court to block KPL from running theircompetition leading to a three week injunc- The reality however, is bleaker and whattion against the latter that was lifted on the country is witnessing is a battle to theMonday, March 16, 2015 by High Court judge, death where both parties will not relent theirLady Justice Roselyn Aburili. positions until their rivals are driven out of the game and business. Her verdict allowed 14 clubs widelyacknowledged as the top-tier sides, to While the institutions of FKF and KPL havecontinue with their programme with the been paraded as protagonists in this war, theKPL Governing Council ruling to return real forces fuelling the standoff are federa-relegated Nairobi City Stars and Nakuru All tion boss, Nyamweya and his long-standingStars back to their competition after failing rival, Bob Munro, the Canadian expatriateto agree with FKF which two clubs would be who is chairman of KPL side Mathare Unitedpromoted from National Super League (NSL) and chief architect of the league manage-to complete their desired 16-team format. ment company that started running the top flight in 2007. With KPL affiliated teams failing to honourthe February 19, 2015 deadline to register to Reputed lawyer and chairman of the mostcompete in the governing body –sanctioned, popular club in the country, Gor Mahia,FKF Premier League, federation president, Ambrose Rachier who also chairs KPL andSam Nyamweya, the starring actor of his CEO, Jack Oguda, have been the faces of theirfaction, announced a record 14 clubs had body in the battlefront with Munro pullingbeen promoted from NSL to the top flight. the strings from the background. That move that exposed the country to His role as the KPL puppet-master cameglobal ridicule was a major turning point in60 | Nairobi Business Monthly | April 2015

Society & Culturethe discussions ended in acrimony when by Fifa before the Canadian joined ranks with club owns a share.Nyamweya ruled to put the 18 versus 16 team the football boss then chief rival, Moham- With KFF which was then led by Nyam-matter to a vote with enough numbers to med Hatimy.carry it had it been accepted by KPL repre- weya tossed out in the cold, KPL entered asentatives. Hatimy and Munro and their associates at lucrative broadcast rights sponsorship deal the time brought forth Football Kenya Limit- with South African satellite pay television Nyamweya and Munro were at the centre ed (FKL), the governing body that gained provider, SuperSport to air their matches liveof the dispute that led to existence of parallel support of Government and ultimately, Fifa as eventually, East Africa Breweries Limitedleagues, namely Kenya Football Federation to run the game laying the framework for KPL clinched the title-sponsorship deal through(KFF) Zone A and Kenya Football Federation to be established to run the premier league as their brand Tusker.Zone B in 2006 when the country was banned a limited company where each participating On October 28, 2011, harmonisation talks April 2015 | Nairobi Business Monthly | 61

SPORTSSam Nyamweya Bob Munro saw promotion hopes crushed, Zoo Kericho. “The difficult situation in Kenyan football Ambrose Rachier Lady Justice Roselyn Aburili is not as a result of desire to increase thebrokered by Fifa and Government brought size of the league to 18 teams but politics,joint KFF-FKL elections won by Nyamweya later this year and Munro and company but a mistrust and competing interests betweenas the unified national governing body was straight duel to control millions of shil- FKF and KPL.christened FKF in a move that was hailed as lings flowing through KPL coffers every yearthe end of the country’s football crisis that estimated at Sh270 million by 2014. “The strong wish of the president of FKFhad festered for over a decade. to increase the size of the league to 18 teams With Nyamweya co-opted as a nonvoting is very much motivated on promises which After a period of simmering tension member to the KPL Governing Council, his have been given to two teams from thebetween Nyamweya and leading KPL decision making clout at the league organis- national Super League, one team, Shabanaluminaries on even mundane issues over ing body was largely peripheral and his FC (from the home area in Kenya of thedisciplinary actions against clubs in dispute, intention to increase the number of teams president of FKF). The delegation got thefor example, the result of the second leg of was seen as a move to exert more influence strong impression that there is no otherthe clash between AFC Leopards and Sony in the organisation. justification for the increase of the KPL up toSugar that remains unresolved, the latest 18 teams,” Robert Niemann, the former headwrangles exploded when FKF made their The federation boss was also accused of the German top flight, Bundesliga, wroteintention to increase the number of teams in of interfering in the running of football to in his report when he was sent by Fifa inthe top flight to 18. favour Shabana FC – a team for which he December as a consultant to advise FKF and was elected patron in January 2014 and hails KPL on the way forward.- High Stakes- from his home region.The biting crisis that has caused confusion When Niemann, who was accompanied byand disgust among many players, officials Numerous decisions of the FKF are two other Fifa officials; Development Officerand fans is not only a supremacy battle reported to have been made in favour of in charge of East and South Africa, Ashfordbetween Nyamweya, who faces re-election Shabana FC, including deducting points Mamelodi, and James Johnson recommend- from opponents in dubious circumstances ed a 16-team competition, his report was – matters which have been put before FIFA’s canned by the federation who accused him of Ethics Committee by one of the sides that “Overstepping his mandate.” - Corridors of justice- On January 28, a hastily convened FKF Special General Meeting in Kakamega voted to sever ties with KPL and withdraw the company’s rights to organise the top flight but with Government, the minister for Sports, making it clear they were here to stay, the combatants were once again forced to the negotiating table, first at the ministry headquarters on February 16, 2015 and after being given a 48-hour ultimatum by Mr Wario, they met two days later with no solution in sight. On the 2015 KPL eve, FKF initiated court case, attempting to put an end to their rivals and replace it with a League made up primar- ily of what were second tier clubs they had promoted on the very day by obtaining a High Court injunction issued by Justice Mbogholi Msagha as they filed a civil suit to stop KPL from running any competition not sanc- tioned by them. And when KPL held their first round as scheduled, they once again sought to jail seven top officials for ignoring the court order, namely; Oguda, Rachier, Munro, Col.62 | Nairobi Business Monthly | April 2015

Society & Culture The difficult situation in Kenyanfootball is not as a resultof desire to increasethe size of the leagueto 18 teams but politics,mistrust and competinginterests between FKFand KPLJ Mwinyikai (Ulinzi Stars), James Musyoki Hassan Wario,(Tusker FC), Allan Kasavuli (AFC Leopards) CS Sportsand Elly Kalekwa (Sofapaka). gave 48 hours to settle out of court and went should be regarded as the top tier, the judge On Friday, March 13 the seven were spared ahead to announce the resumption of their noted that the issue of parallel leagues was ansix months in civil jail after Justice Aburili league that was suspended for three weeks issue for FIFA rather than the court.dismissed the contempt charges by finding as the game played out in the corridors ofdiscrepancies between the accounts of the justice. The world governing body that is seem-process server and Nyamweya’s affidavit ingly immersed in the impending May 31,where she pointed out that it was not accept- The entry into the fray of media giant MP 2015 presidential election has surprisinglyable for a court injunction to be served at & Silva agency that is reportedly providing taken a backseat as the Kenya football crisis5.30pm in the evening, the time at which it financial incentives to FKF in its attempt plays out.was claimed to have been served. to set up its own league as a front against SuperSport has compounded the war with Fifa recently intervened strongly in Nige- Two days later, the injunction was also the federation announcing the signing of a ria’s football wrangles, ostensibly to defendthrown out, again on a technicality. The broadcast deal brokered by the firm to air FKF the principle of non-interference by courtsbelated attempt of FKF to enjoin their Premier League matches on Tanzanian pay in football matters, in the case of the FKF’spresident to the suit was invalid due to the TV providers, Azam. action they have until now remained silent.principle of “ex nihilio nilil fit” (“out of noth-ing comes nothing.”) -Fifa silence- This, is despite FIFA appointing Niemann The Judge also emphasized in her ruling that to mediate the dispute and the federation’s KPL solicitors successfully argued, as a the FKF’s resort to the courts was in violation refusal to adopt his report, in anotherbody registered under the Societies Act Cap of Article 67 of the FKF Constitution as well remarkable development leaving Kenya with108 of Kenya, the body lacked the capacity to as FIFA statutes. With Nyamweya determined two leagues, two broadcast sponsors eachinstitute a suit, not being a legal person in its his FKF Premier League, comprised of teams claiming their competition is the top tier andown right – but an amalgamation of persons. from the second tier of Kenyan football, another soap opera the country would rather do without. The dismissal of the injunction onlyserved to open new frontlines in the ongoingbattle with FKF announcing two days latera re-visit of their proposal to have both runtheir leagues in a Zone B and Zone A formatunder the FKF Premier League bannerbefore the top two sides from the tiers metin a round robin tournament to decide thechampion. The remaining clubs in what wouldessentially be a bloated 34-team affair (14KPL, 18 FKF) would face each other in a one-off knockout play-off with the loser beingrelegated to the currently non-existent NSLwith the victors forming a unified 18-teamcompetition next year. As expected, KPL trashed this proposal,first fronted on March 9 when Justice Aburili April 2015 | Nairobi Business Monthly | 63