Author: staff reporter

By Irene Mwende

Artists In the online platforms are calling on the government to remove the 5% tax imposed on their production. The artists have raised complain that the tax has become punitive especially to the upcoming artists and those are not making much from their online content.

While unveiling the 2023 ETA Awards nominees the artists also called on the government and cooperates to opportunities to the artists to work on the projects so as to get platforms to be productive.

Speaking during the ETA awards chief executive officer Edward Ndari noted that the awards were basically to recognize the artist who have quality and unique production

” But they have not received the recognition they deserve. ETA awards will also help the artists grow in the industry both financially and audience niche” said Ndari

He further added that ETA awards winners in the past 2 years pledged to support the nominated upcoming artists to grow in the industry as well as mobilize sponsors for support in
different media house and personnel’s who have been nominated for the year 2023 EAT awards while recognizing the work of the fourth estate saying that media delivery is also a form of art that is needed to be recognized just like any other art in the industry.

Mrs Rose Gatimu Kenya Representative and Mr Paul Karekezi ,Board Member and Africa Representative at Dispute Resolution Board Foundation (BRDF)

BY NJOKI KARANJA

The Dispute Resolution Board of Africa has urged the construction sector to use alternative dispute board to handle complaints before dispute happens.
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“Various mechanisms have been put to limit the risks. Given the lengthy procedures characteristic of litigation, that there has been a growing shift from the corridors of justice to out-of-court settlements”, said Mr.Karekezi.

Mr. Paul Karekezi,Board Member and Africa Representative at Dispute Resolution Board Foundation,(DRBF) was speaking during the DRB Regional Conference in Nairobi,where he said for a continent of Africa to be an effective player every sector must have a dispute boards.

“Our work is to give parties a formal assistance before the dispute is rwached where its not binding but sometimes it helps because it has helps most of the projects are completed on time”,he reiterates .

He added that, since the board was formed most of the projects are finalised on time because time taken to handle the dispute is short and effective within 3 months.

According to DRBF most of the cases going to the (DBs) only 2 percent are reversed because of small hitches among the party members while over 90% of disputes are always successful.

The board members chosen to sit in the dispute resolution board are selected by the two parties.

The board is composed of 7 African countries South Africa,Botswana,Kenya among the countries that have succeeded in the formation the DBs to sort out their disputes well.

In conclusion, DB are successful in the construction industry because of the unique features of construction those selected board still sits on arbitration and mediation.

The dispute board is always funded by JICA and AFDB and any organisation or a parastatal funded must initiative a DB in all their organisation and its formed as a contract.

by Irene Mwende

Kenya Pension Funds Investment Consortium (KEPFIC) has received infrastructure and alternative investment proposals collectively worth over Ksh.700 billion from project sponsors and fund managers looking to raise capital from the local retirement benefits schemes.

The proposals come as local pension schemes expand their search for suitable investments to provide diversification and higher returns for pensioners.

The announcement was made during the opening of the two-day KEPFIC Annual Investment Conference in Nairobi today, where the shortlisted investment opportunities were presented to the local pension fund investors and discussed with project sponsors, fund managers, and industry experts. The projects under evaluation by the pensions investors span different sectors such as energy, property, affordable housing, healthcare, water and sanitation, transport and logistics, agriculture, telecoms, and ICT among others.

The mobilization of funds for different sectors by KEPFIC aligns with the Kenyan government’s plan to mobilize over Ksh.100 billion in private sector capital through priority projects that deliver nationally significant infrastructure, drive growth and have the highest benefit to Kenyans as outlined in the 2023/24 National Budget Proposal.

“Kenyan pension schemes are in search of profitable, secure, and impactful investments for better returns for their members. Infrastructure and alternative assets are an attractive but untapped new asset class for pension schemes and offer attractive returns and much-needed portfolio diversification benefits, delivering better overall investment performance,” said Ngatia Kirungie, the Head of the KEPFIC Secretariat and CEO of Spearhead Africa, during the conference opening.

According to the Retirement Benefits Authority, the pension industry assets under management stand at approximately Sh1.5 trillion. Pension funds are allowed to put up 10% of their assets into infrastructure as per the RBA investment guidelines passed in 2020. Traditionally, pension funds have invested in government securities, listed equities, and direct property investments but infrastructure investments remain hugely untapped yet profitable and sustainable in the long term.

KEPFIC was , founded as an industry-wide initiative supported by the Joint Capital Markets Program (J-CAP), a World Bank Group program, and USAID, works together with pension fund trustees, fund managers and regulators to address the challenges that pension schemes face while investing in alternative assets some of challenges comprise of limited visibility on investment opportunities, large capital requirements, and a lack of specialized investment expertise.

“As a consortium, we look for bankable projects with suitable returns that support sustainable economic development. They also have to be backed by strong environmental, social, and governance principles. By the end of 2022, we had mobilized over Ksh15 billion from local pension scheme investors into a number of alternative asset opportunities,” Mr. Kirungie added.

Some of the investments by KEPFIC members include a bond issued by the Kenya Mortgage Refinance Company (KMRC) for affordable housing mortgage refinancing, and the development of student housing through a real estate investment trust (REIT) established by developer Acorn Holdings. Another upcoming investment is in the Lot 3 road project in North Eastern Kenya under the Kenya Roads Annuity public-private partnership (PPP) program developed with technical assistance from the World Bank.

Through support from USAID, KEPFIC has established partnerships with US-based pension funds to explore infrastructure co-investment opportunities in the region. With the support and co-investment partnerships is has cultivated, KEPFIC aims to mobilize and invest at least USD250 million (Approx Ksh.35 billion) in infrastructure assets in the near term and provide competitive returns and diversification opportunities to the member funds and co-investors.

Meresia Aloo
In a remarkable keynote address at the Arbitration Conference hosted by the Chartered Institute of Arbitrators in Mombasa, Justice Charles Woode, a prominent judge in the United States, expressed his admiration for the quality of speakers and discussed the importance of enforcing international arbitral awards in Africa. The conference aimed to foster a deeper understanding of arbitration practices and strategies, with the goal of positioning Africa as an effective player in the global arbitration arena.
Justice Woode praised the Prime Cabinet Secretary’s profound insights into arbitration and the steps needed for Africa to become a leading destination for arbitration cases. He emphasized the continent’s potential to attract more arbitrations and asserted that the region was making significant strides towards achieving this objective.
During his upcoming session on the conference panel, Justice Woode highlighted the pressing issue of enforcing international arbitral awards on the African continent. He pointed out that the primary objective of arbitration is to offer a swift resolution compared to traditional court proceedings, which can take several years.
However, he acknowledged that enforcing arbitral awards in Africa has encountered challenges. Justice Woode specifically addressed the lack of uniformity in time limits across various African countries. This discrepancy creates difficulties for parties seeking to enforce arbitral awards in different jurisdictions. To address this concern, he proposed the adoption of uniform time limits to promote consistency and flexibility in arbitration enforcement.
Moreover, Justice Woode discussed the issue of national courts in Africa intervening in ongoing arbitration proceedings to avoid unfavorable financial obligations resulting from an arbitral award. He cited a recent case in Nigeria involving an oil company, where the government contested the authority of the arbitration panel, arguing that tax-related issues fell under the court’s jurisdiction.
The lower court in Nigeria supported the government’s argument, giving the arbitration panel the authority to rule on the tax matters. However, on appeal, the Nigerian Court of Appeal reversed some aspects of the lower court’s decision, affirming the award in part and denying the part that concerned tax issues.
The complexity of such cases, as demonstrated in the Nigerian case, highlights the need for clarity and consistency in the interaction between national courts and arbitration proceedings. Justice Woode stressed the importance of upholding the legality of arbitration processes and encouraged parties to resort to court involvement only when necessary and in accordance with established rules and principles.
In concluding his address, Justice Charles Woode called for collective efforts among African nations to address these enforcement challenges and enhance the continent’s attractiveness as an arbitration hub. With a growing appreciation for arbitration and the commitment of influential legal minds, the future seems promising for Africa’s emergence as a formidable player in the global arbitration landscape.

By Irene Mwende

The Law Society of Kenya (LSK) is now calling for political ceasefire and dialogue between opposition leader Raila Odinga and President William Ruto to end the planned three-day anti-government protests set to begin on Wednesday.

Speaking on Tuesday during a press conference, LSK President Eric Theuri said that a call for national dialogue is the answer to all challenges in Kenya.

Theuri called on Ruto to air the grievances of Kenyans citing that their agitation should be respected.

“Protests as they have been held, have created an atmosphere of tension, anxiety that makes it untenable for public order to prevail. We have seen the agitation that has been there in the members of the public, that agitation must be respected,” he said

Theuri added that they are not only calling for national dialogue but also to mediate between Ruto and Raila.

Azimio supporters gear up for planned protests scheduled for Wednesday, Thursday and Friday.This is despite calls from Kenya Kwanza leaders and religious leaders to call off the protests.

However, the opposition chief has maintained that the protests will go on as planned.

By Irene Mwende

The employment and Labour one of the Superior Courts, which has been a driver for social transformation as envisaged by the Constitution.

Chief Justice and President of the Supreme Court of Kenya Martha Koome, speaking during the event held at the KICC in Nairobi, noted that the mandate of the ELRC is to uphold the dignity and rights of workers and employers, foster harmonious industrial relations, and contribute to the social and economic development of the nation.

Koome congratulated ELRC’s commitment to service delivery with an impressive Case Clearance Rate of 168% in the third quarter of the 2022/2023 financial year and a reduction of case backlog by 18%, which proves the Court as a beacon of efficiency.

The court contributes to economic prosperity by creating a stable and conducive environment for industrial relations and by facilitating dialogue and cooperation between workers and employers, she added.

The Chief Justice went on to say, “ELRC has pushed the boundaries of justice delivery by embracing the multi-door approach and has recognised that justice can be achieved in multiple ways, through mediation, conciliation, and traditional justice systems (AJS).

Consequently, this diverse approach has made justice accessible and also helped to resolve disputes in a timely, amicable, and cost-effective manner, thus saving time and resources for both employers and employees.

Speaking at the same event, Deputy Chief Justice Philomena Mwilu pointed out that the ELRC has a unique place in the administration of justice with its specialised jurisdiction to deal with matters concerning employment and labour relations.

Justice Mwilu highlighted the Judiciary’s strategic vision, Social Transformation Through Access to Justice, which emphasises a people-centred justice approach that places the justice needs and justice problems faced by Kenyans at the centre of the administration of Justice.

“I urge you to engage, to learn, and to share jurisprudence, experiences, ideas, and best practises, for it is through the cross-fertilisation of these ideas, innovations, and approaches that our legal processes, frameworks, and jurisprudence on issues of employment and labour relations will be improved,” she emphasised.

At the same time, Principal Judge Byram Ongaya noted that the Kenya Vision 2030 aims to transform Kenya into a newly industrialising middle-income country, providing a high quality of life in a clean and secure environment, based on its economic, social, and political pillars.

Ongaya further analysed the objectives of the court, including creating and promoting awareness about the role of the Court; stakeholder sharing of best practises and experiences in the employment and labour relations sector; sharing emerging jurisprudence; providing a platform for stakeholders to exhibit innovations, productivity, and service delivery systems and requirements; and promoting harmony and common approaches in human resource management.

“As a Court, we seek to enhance our appreciation, not only to learn new things but also to rediscover new ways of learning for a more just, proportionate, and expeditious resolution of the disputes that are brought before us,” he added.

By Jeff Kizzilah

The Kenyan mining industry with bigger investments propelled by growing hopes of the government lifting a ban on new exploration licenses to tap billions lying in mineral reserves.International investors and local stakeholders in the sector have lined up events that they intend to use to revive investments and push the new administration to lift the moratorium that has locked out billions in capital.The mining act which was enacted in 2016 was to set frameworks and principles and strategies in promoting exploration and exploitation of mine.Therefore as Kenya Chamber of Mines brings together private and government players during Kenya Mines Week ahead of the planned rollout of a national digital mineral map, part of sector-wide reforms.International investment firm JIC Holdings is also planning a mining expo later this year that will bring in investors from around the world to explore Kenya’s untapped mineral wealth.When he represented the Cabinet Secretary of Trade and Industry Hon. Moses Kuria,the Principal Secretary Investments and Promotion Hon. Abubakar Hassan confirms that the State maintains the freeze was necessary for streamlining the sector, mapping mineral resources, and ensuring the validity of permits and activities.He said the mines policy was established to promote the use of technology and airborne geophysical technology.Total earnings from mineral production last year increased 16.6 percent to Sh35.2 billion but experts predict the country has a huge untapped potential.The ministry say that the Mining Act 2016 aims to reform the sector and allow the flow of new investments but the productivity has remained low.The Chairperson of Kenya Chambers of Mines Mr. Patrick Kanyoro has asked all miners to take mining to the next level and lets support the industry because gold is a silver of wealth “,he added

Gitonga Murugaru, MP, Chair National Assembly Justice & Legal Affairs Committee at KICC Nairobi.
By Benard Mulwa
The Employment and Labour Relations Annual Symposium and Exhibition (ELRASE) kicked-off in Nairobi today that also saw the court and its stakeholders celebrate 10 years of judicial service delivery to Kenyans. Speaking at the event Chief Justice Martha Koome said the Judiciary has established three divisions to enable the institution tackle the challenges of the ELRC’s caseload effectively and delivering justice without delay.
She said the Judiciary has taken decisive steps to accelerate service delivery in the capital by creating the Judicial Review & Labour Rights, the Appeals Division, and the Claims and Labour Relations division. This, the CJ noted during the opening ceremony of the four-day symposium that the creation of the divisions is in recognition of the considerable volume of cases emanating from Nairobi.

The Chief Justice said the court has made contributions to the growing body of social justice jurisprudence through the recognition of domestic workers as employees entitled to minimum wages, social security, and other benefits. It has also declared itself on the unfair dismissal and award of compensation for employees who were terminated on account of their HIV status, pregnancy, disability, or religious faith.

She also revealed the Judiciary has extended the reach of the ELRC across the country by establishing 10 ELRC stations and an additional 11 sub-registries to increase access to justice. The Chief Justice said that increasing footprint of the Court is a testament to the Judiciary’s pledge to take justice closer to the people, to ensure that every Kenyan, no matter where they live, has access to fair and impartial judgement.

She urged the ELRC to strive towards becoming the model employment court in Africa, a shining example for others to emulate. Further, she asked the Court to prioritize the 2,293 cases that have been pending in the court for over three years for resolution by December of this year. “Let us continue to develop progressive social justice jurisprudence, to innovate in service delivery, and to leverage technology to become a fully digital court,” said the CJ. She commended the court for posting an impressive Case Clearance Rate of 168 per cent in the third quarter of the 2022/2023 financial year and reduction of case backlog by 18 per cent, terming it a beacon of efficiency.

She urged the Court to continue working closely with stakeholders in the labour industry through the Court User Committees (CUCs), to ensure that Kenya’s justice system is responsive and adaptive to the changing realities of our labour market.

Deputy Chief Justice Philomena Mwilu urged delegates to reflect on the place of the court and all its key stakeholders in relation to the Social Transformation through Access to Justice (STAJ) vision towards developing realistic, contextual & sustainable strategies through which dispensation of justice in this critical area can be substantively improved. She said harmonious industrial relations and a conducive work and business environment are central to our individual and national development.

ELRC Principal Judge Byram Ongaya said the symposium is part of the continuing national conversation about implementation of the Kenya Vision 2030 and the Constitution of Kenya, 2010 adding that it offers an opportunity, in the immediate narrower sense, to reflect upon the role and impact of the Judiciary and in particular the ELRC since its establishment over ten years ago.

The four-day symposium is themed: The Place of Employment of Labour Relations Court in Promoting Social Justice and Economic Prosperity. It will bring together stakeholders of the Court to discuss issues affecting the employment and labour sector.

-End.

The COMESA Federation of Women in Business (COMFWB) Secretariat, with
the financial support of the AUDA-NEPAD/Spanish Fund launched Business
Incubators for African Women Entrepreneurs (BIAWE 2) pilot project in Kenya.

Speaking during the launch, Hon. Moses Kuria, HSC, Cabinet Secretary, Ministry of Investments, Trade, and
Industry, delivered the keynote speech which highlighted the importance of empowering women
entrepreneurs and their contribution to the economy.

“The forty women enterprises who
benefitted from BIAWE Project Phase will continue to thrive and mature into sustainable and large
enterprises for they will in turn contribute to creating jobs and wealth, as well as contribute to local, regional,
and global development agendas,” stated Hon. Moses Kuria.

He added that they will in turn contribute to creating jobs and wealth, as well as contribute to local, regional and global development agenda such as, Bottom Up
Economic Transformation Agenda (BETA), Kenya Vision 2030, African
Union Agenda 2063 and United Nation Sustainable Development Goals.

“Having said that ladies and gentlemen, it is important to reaffirm that the
Government of Kenya is committed towards mainstreaming of women in
economic activities, including in the manufacturing sector,”concluded Hon Moses Kuria.

Also speaking at the event Principal Secretary for the State Department of Industry Dr. Juma Mukhwana expressed great pleasure in addressing the gathering and celebrating the
achievements of the BIAWE project.

“It gives me great pleasure to address this gathering, as we come together to celebrate a great milestone, the Business Incubator for African Women Entrepreneurs (BIAWE) project, which was successfully implemented by KIRDI, and also launch the second phase of the
project,” said Dr Juma.

He also emphasized the institution’s commitment to remain a key player in the advancement of the manufacturing sector in Kenya.

In her speech, Secretary General of COMESA, Ms Chileshe Mpundu Kapwepwe addressed the challenges faced by women
entrepreneurs, including the lack of business planning, marketing, and management skills, as well as limited
access to business development and financial services due to cultural biases.

She concluded by stressing the need to bridge these gaps and create an enabling environment for women entrepreneurs to thrive.

The BIAWE 2 project will provide women entrepreneurs with business incubation services, mentorship, training, access to markets, and financial support.

By addressing these challenges, the project aims to unlock the potential of women-owned enterprises and contribute to economic growth, job creation, and the
achievement of national and regional development goals.

The launch of BIAWE 2 marks a significant step towards empowering African women entrepreneurs and fostering inclusive economic development.

COMFWB, in collaboration with its partners, is committed to
supporting women-owned enterprises, promoting gender equality, and driving sustainable change across the
African continent.

The BIAWE 2 project builds upon the success of its predecessor, BIAWE 1, and aims to empower women entrepreneurs in Africa by providing them with the necessary support and resources for
business incubation.

BY WILSON MANDELA

This summit was organized by World Animal Protection has called on the African Governments to promote sustainable and humane animal production systems to promote climate restoration. Dr. Victor Yamo, The Farming Campaigns Manager at World Animal protection said; “The rapid growth of the human population particularly in Africa, coupled with increasing affluence, has led to a surge in demand for animal products. Consequently, intensification of livestock production is gaining popularity to meet this demand.

However, intensive livestock production is associated with significant animal abuse, water and environmental pollution, deforestation, biodiversity loss and increased greenhouse gas emissions, making it an unsustainable method of food production.”

The two-day Protein Summit highlighted the urgent need to mitigate the adverse environmental impacts of intensive livestock production systems and emphasized the importance of preserving traditional, resilient, and humane production systems that support small-scale farmers in the region.In the summit, presenters highlighted numerous negative impacts associated with intensive livestock production systems, including compromised animal welfare, public health concerns, and adverse effects on the environment and climate such as increased greenhouse gas emissions through deforestation for animal feed production and high fertilizer use.

Therefore, the excessive nutrient excretion from overfed animals further contributes to higher emissions. These negative externalities are often overlooked, particularly in developing nations striving to combat poverty and achieve food security.The Summit recognized that Africa’s green house gas emissions are mainly from the Agriculture, Forestry and other land-use change estimated at 65% of the continent’s emissions.

Furthermore, it was further recognized that whilst there is room for the lowest meat consumption countries in Africa to increase rates of meat consumption to meet nutritional needs, embracing intensive livestock production systems will not only endanger food and nutrition security but also the livelihoods of small holder producers while worsening the superbug crisis and the climate crisis.

The meeting agreed to call on African governments to:Acknowledge and regulate the green house gas emissions from animal agriculture and hold agricultural companies with high emissions accountable for their carbon footprint and low regard for animal welfare. Protect small holder livestock producers by empowering them with animal husbandry knowledge and skills while providing them with timely climate information and early warning systems to stay competitive in the market.Redirect subsidies provided to large agribusinesses towards smallholders, who are the backbone in feeding the growing population in Africa.

Increase awareness on alternative protein sources that can be used to meet nutrition requirements while directing resources towards awareness creation to achieve attitude and behaviour change from intensive meat consumption to alternative protein sources.

In conclusion, African governments need to bring stakeholders together to create a policy statement on sustainable agricultural production. All food systems actors must be engaged in a dialogue towards a humane and sustainable food system.