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The Office of the Director of Public Prosecutions has declined to approve charges against officials implicated in the Kenya Medical Supplies Authority (KEMSA) scandal.

DPP Noordin Haaji on Friday October 2, 2020 returned the KEMSA inquiry file back to Ethics and Anti-Corruption Commission (EACC) after identifying gaps in investigations that need to be filled before he makes the decision to charge.

He directed his team of senior prosecutors appointed to review the file to conduct joint meetings with EACC to expedite the investigations.

According to a statement issued by his office, before making decision to charge, the DPP ensures there is sufficient evidence to support charges with a reasonable prospect of conviction in line with the Constitution, ODPP Act, National Prosecution Policy and Decision to Charge guidelines.

EACC officials had recommended the prosecution of six senior officials from Kemsa.

DPP Haji stated that the matter had attracted great public expectation and it was important for the team to ensure that there was sufficient evidence to support charges with a reasonable prospect of conviction.

“The constitution provides that the DPP must exercise State powers of prosecution with regard to the public interest, the interests of the administration of justice and the need to prevent and avoid abuse of the legal process,” reads the statement.

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The DPP indicated that his team had identified key areas that needed to be sufficiently covered by way of further investigations before the final decision could be made.

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Haji stated that his office had also not received an audit report that had been presented to the senate on September 30, 2020, by the Auditor General, Ms Nancy Gathungu.

Once the DPP received the report, he vowed that it would also be taken to consideration.

The DPP stated that the inquiry file had been returned to the EACC to cover the areas identified for further investigations.

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On September 18, 2020, the DPP received an inquiry file from the EACC on the allegations of irregular procurement and fraudulent payments relating to the purchase and supply of Covid-19 emergency commodities at KEMSA which led to the irregular expenditure of public funds amounting to Ksh 7.8 billion.

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Uhuru, Raila, Ruto

Renown political analyst Mutahi Ngunyi has explained how Orange Democratic Movement (ODM) leader Raila Odinga will easily defeat Deputy President William Ruto come 2022.

Taking to his official twitter account on Thursday October 1, 2020, Ngunyi used the 2013 and 2017 general elections to explain how the former Prime Minister will have an easy fight should he vie against DP Ruto in 2022.

Ngunyi noted that the African Union envoy had a total vote of 44% in both the 2013 and 2017 general elections.

According to Ngunyi, Raila needs only 6% of the votes from President Uhuru Kenyatta’s Mt Kenya backyard to win in 2022.

In this case, Ngunyi explained that President Kenyatta only needs to get 6% of GEMA to make Raila the fifth President of the Republic of Kenya.

He went on to claim that the small percentage need is only a half of Kiambu County, or Akorino religious women only.

According to Mutahi Ngunyi, President Kenyatta does not need the whole of Kikuyu community to make Raila President.

He further claimed that DP Ruto cannot win against Raila even after getting an 84% of GEMA votes.

“Raila had 44% of the VOTE in 2013 and 2017. It is still INTACT. Uhuru needs 6% of GEMA to make Raila President. This is half of KIAMBU or AKORINO women ONLY. Uhuru DOES NOT NEED Kikuyus. In fact, 84% of GEMA can follow RUTO if they want to. And they will still FAIL! Simple MATH” tweeted Mutahi Ngunyi.

The 2022 general presidential contest  has  been viewed  by many Kenyans as a tough race between DP Ruto and the Orange party leader.

However, Raila has on several occasions denied having declared any interest in the 2022 presidential race, but his allies have been pushing him to vie.

Some political leaders allied to DP Ruto have claimed that Raila wants to use the famious Building Bridges Initiative (BBI) to climb to power come 2022.

The DP on the other hand has been traversing the country to popularize his Presidential quest, with the youth being his main target.

He has been empowering the youth through donation of equipment to support their projects, with donation of wheelbarrows and handcarts attracting criticism from his critics.

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Drama ensued on Thursday October 1, 2020 at Thirdway Alliance party headquarters in Nairobi when expelled party leader Dr Ekuru Aukot stormed their office premises with armed goons.

According to information shared by the party on their social media pages, Aukot stormed the party offices in the company of about 20 goons.

Dr Aukot was barred from accessing the premises following his suspension from the party over allegations of financial impropriety and lack of transparency to party members.

According to party secretary-general Fredrick Okango, Aukot made way to the offices where there was an altercation that led the destruction of property.

“We told them that unless they have a court order, we will not give them access to the office,” Okango told a local blog.

He also stated that the former presidential aspirant demanded to collect his belongings. Aukot is also said to have threatened to kill some of the party officials and employees present during the debacle.

The matter has since been reported at Muthangari Police station under OB No. 31/01/10/2020.

On September 11, the party wrote to Aukot demanding Ksh5 million for allegedly using Party office to conduct private business.

In a letter by lawyer Edwin Saluny on behalf of the Party, Aukot was asked to pay the amount in seven days or risk “recovery action” at his own costs.

The party said he used its offices to conduct private business for his law firm, EA LAW consulting, hence they would charge him a monthly rent of Ksh150,000.

“On diverse dates between February 2018 and August 2020, you used our client’s offices to conduct your private commercial business under EA LAW consulting, full particulars and information whereof is well within your knowledge. A proper computation of the period within which you unlawfully used our clients offices is for a period of 30 months. To that extent, our client’s charges are at the rate of Ksh150,000 per month,” the letter reads in part.

Aukot is also accused of sponsoring goons to break a door to the offices, which was been valued at Ksh500,000.

“On or about 27th August 2020, you caused a group of goons to destroy a double mahogany wooden door that grants access to the offices of our client. The costs of replacement of the said door is assessed at Ksh500,000,” added the letter.

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Former Nationa Media Group journalist Sharon Barang’a has joined TV47, months after losing her job at NTV.

Barang’a has joined the fast growing TV in Kenya as the head of Education desk.

The TV girl, who has been supporting ECDE Programs in Kenya lost her job at NTV in July just days after losing her dad.

The award-winning broadcast journalist with over five years of experience has however, bounced back with a bang, and is expected to bring a lot of changes at TV47.

Sharon lost her father and days later lost her job in the  reorganisation that was happening at Nation Media Group as a result of Covid-19. 

Sharon who had been at NMG for five years was fired alongside Brenda Wanga (reporter), anchor Derbal Inea, Shaban Ulaya (Sports reporter) anchor Ken Mijungu, Harith Salim ( Swahil anchor) among many others.

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Business at the National Assembly was on Thursday October 1, 2020 halted for a few minutes after the entry of Sirisia MP John Waluke.

 who was in custody for almost four months was last week released on a cash bail of Sh10 million pending appeal of his jail sentence in a multi-million shilling corruption case.

His entry in the National Assembly interrupted the business of the House as colleagues jubilantly welcomed him.

Nominated MP David Sankok was forced to apologise for clapping his hands loudly as he welcomed the lawmaker who was appearing in public for the first time since he was released.

“We don’t clap our hands; you know how we do it. Let us have decorum in the House,” said Jessica Mbalu who was chairing the session.

“We are colleagues, Speaker you know I don’t have legs so I must use the hands and mouth,” Sankok said.

Waluke on his part thanked Kenyans who stood by him during his lowest moment.

He said that he wanted the nation to know that he did not steal anything, and that he was not corrupt.

He said that he learnt that there are many prisoners who have been jailed for the wrongs they did not do.

Justice Onyiego granted Waluke and his co-accused Grace Wakhungu Sh10 million and Sh20 million bail  respectively, pending hearing and determination of their appeal.

The judge also gave them an alternative of depositing bonds of Sh20 million and Sh30 million respectively with sureties.

However, the Director of Public Prosecutions (DPP)  has moved to the Court of Appeal to challenge the release of the two on bond.

The DPP has filed a notice of appeal indicating that he is dissatisfied with the decision made by Justice John Onyiego on September 30.

“Take notice that the DPP, being dissatisfied with the decision of the High Court intends to appeal to the Court of Appeal against the decision in which the court released each of the appellants on bail pending their appeal,” reads the notice.

The notice was also served to the lawyers of the two convicts.

The two, who are also directors of Erad Supplies Ltd, were convicted in June by the Anti-Corruption Court for theft of Sh297 million from the National Cereals and Produce Board (NCPB).

The trial court also imposed a combined fine of Sh2 billion. In default, Wakhungu was handed a 39-year sentence while waluke was slapped with a 34-year sentence.

But they challenged their conviction and sentence and sought to be released on bail pending the determination of appeal.

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Sirisia MP John Waluke

Sirisia Member of Parliament John Waluke and his co-accused Grace Wakhungu are not yet off the hook after Justice John Onyiego of the High Court on September 30 released them on cash bail.

Justice Onyiego granted Waluke and Wakhungu Sh10 million and Sh20 million bail  respectively, pending hearing and determination of their appeal.

The judge also gave them an alternative of depositing bonds of Sh20 million and Sh30 million respectively with sureties.

However, the Director of Public Prosecutions (DPP)  has moved to the Court of Appeal to challenge the release of the two on bond.

The DPP has filed a notice of appeal indicating that he is dissatisfied with the decision made by Justice John Onyiego on September 30.

“Take notice that the DPP, being dissatisfied with the decision of the High Court intends to appeal to the Court of Appeal against the decision in which the court released each of the appellants on bail pending their appeal,” reads the notice.

The notice was also served to the lawyers of the two convicts.

The two, who are also directors of Erad Supplies Ltd, were convicted in June by the Anti-Corruption Court for theft of Sh297 million from the National Cereals and Produce Board (NCPB).

The trial court also imposed a combined fine of Sh2 billion. In default, Wakhungu was handed a 39-year sentence while waluke was slapped with a 34-year sentence.

But they challenged their conviction and sentence and sought to be released on bail pending the determination of appeal.

While allowing their request, Justice Onyiego said he was persuaded that the two convicts have an arguable appeal against the lower court’s judgment.

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President Uhuru Kenyatta has signed a multi-billion deal with his French counterpart Emmanuel Macron.

Uhuru on Wednesday landed in France  where he was hosted by Macron at Elysee Palace – the French President’s official residence.

He is in France for a three-date state visit that will see him push for a number of bilateral agreements.

Among agreements reached is a Public Private Partnership (PPP) for the construction of the Nairobi-Nakuru-Mau Summit highway signed between KeNHA and Vinci Concessions.

The Sh180 billion dualing of the Nairobi-Nakuru-Mau Summit road will be guaranteed by the Kenyan government with the agreement that Vinci Concessions will charge toll fees to recover the construction cost.

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Others were agreements for the development of the Nairobi Central Business District (CBD) to Jomo Kenyatta International Airport (JKIA) commuter railway line and the 400KV Menengai-Rongai electricity transmission line.

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Kenya’s ambassador to France Professor Judi Wakhungu stated that the president’s visit would strengthen people-to-people and commercial ties between the two nations.

Wakhungu stated that the Nairobi CBD to JKIA commuter rail link would help enhance movement of travellers between the city centre and Kenya’s foremost international airport.

“Our aspiration is to see that this commuter railway line eases traffic in Nairobi but also eases the movement of people within Nairobi. We hope that along the route and the surrounding areas, other businesses will be able to grow,” Prof Wakhungu stated.

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She added that the PPP agreement would help decongest the existing highway and enhance efficiency of cargo transport to Western Kenya and onwards into the export markets of East and Central Africa.

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A bodyguard of Githunguri Constituency MP Gabriel Kago Mukuha in the wee hours of the night caused drama when he shot and killed a watchman.

According to reports, the bodyguard had moved to bar premises to have liquor.

Eye witnesses recounted that the constable ordered the watchman to open during odd hours so that he would buy beer.

The watchman then declined to open, an incident that made the MP’s bodyguard to pull out his gun and shoot him.

According to a local daily, the incident happened after a heated exchange ensued between the two, before the constable shot the guard.

He was then rushed to Radiant hospital, Kiambu where he succumbed to gunshot wounds.

Confirming the incident, Kiambu Deputy County Commander Lazarus Wambua said the officer has been arrested as police conduct further investigations.

The officer caused a scene and refused to open his house for close to two hours before he voluntarily surrendered to the officers, and is currently being held at Kiambu Police Station.

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Covid millionaires ‘whistleblower’ has been arrested by detectives from the Directorate of Criminal Investigations (DCI).

DCI in a statement posted on social media said three suspects who abducted the Director of Hi-tech Enterprise while personating EACC and KRA officers before demanding for a Kshs 2 Million bribe to stop pursuing an alleged tax evasion case involving the victim were in their custody.

Godwins Agutu, who is one of the people who blew the whistle on Covid-19 millionaires expose is among the three that were arrested.

Agutu who is the Network Action Against Corruption Director featured in an expose aired by NTV alleging widespread misuse of Covid-19 funds and material donations from Jack Ma Foundation.

Agutu was arrested alongside Alex Mutua and Ken Kimathi on Wednesday evening.

They bribed the director asking him to stop pursuing an alleged tax evasion case involving the victim.

DCI boss George Kinoti said that the three were working with three other people who are still at large.

The three escapees are said to be KRA officers namely; Houdouvia Njoroge, Harrison Ochar and Brian Kimemia.

They used two Prados Reg. Nos. GKB 070B & KCY 280Q and stormed the victim’s offices within Nairobi on September 26, 2020, after which they took his laptop and left.

“The suspects appeared again on Sept 29,2020, demanding the Sh2 million bribe, and when the victim could not raise the amount, they forced him into the GKB vehicle and drove off to Lutheran Hse along Nyerere road,” Kinoti said.

Kinoti said the victim was forced to contact his family members to get the amount, but only managed to raise Sh500,000 where the suspects escorted him to his house at Westlands in Nairobi and took the cash.

Investigations were then launched by DCI Detectives where the three suspects were nabbed at the said Lutheran House, further establishing that the registration number GKB 070B belonged to a Land Rover Discovery attached to the Judiciary.

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Makueni Governor Kivutha Kibwana has defended Ruto Deputy President William Ruto’s move to donate goodies to various youth groups, among them being wheelbarrows and handcarts.

Taking to his official twitter account on Wednesday September 30, 2020, the County chief said that the DP is using the opportunity to link up with youths.

“I don’t think Ruto’s main agenda is to dish out wheelbarrows etc. He is trying to bond with youth. You see the Wheel Barrow game? Politics of Symbolism,” Kibwana said.

Recently, governor Kibwana joined Ruto during the installation service of Bishop Rev.Joshua Nzau Kimuyu at the African Inland Church in Ziwani, Nairobi.

The governor has also expressed his interests for the presidential seat come 2022, which Ruto is also eyeing. 

Ruto had earlier defended his action, saying that there is a need to change Kenya’s political conversation from power to empowerment and positions to the creation of jobs.

The DP said that the insults from his critics will not stop him from reaching out to the youths who need his help.

Ruto said that the country can no longer be divided by politicians based on tribes.

Speaking at his Karen residence where he met a section of leaders, Ruto said those poking holes into his work were busybodies.

He said at no point has he failed to serve the country as the principal assistant to the President.

“No work has been given to me and I failed to execute,” he said.

Ruto said all his work and responsibilities given to him by the President have been discharged with distinction.

He also seized the moment to tell those purporting to supervise him to focus on their own duties of service delivery to the mwananchi.

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Kirinyaga Governor Anne Waigur’s husband and lawyer Kamotho Waiganjo has been forced to clarify his statement that was praising Deputy President William Ruto’s hustler nation movement.

Waiganjo raised eyebrows after he made a statement admitting that the hustler movement was spreading and gaining popularity among ordinary voters.

“Confession; I am one of those who dismissed the “hustler” narrative. Surely Kenyans are wiser, I thought. Been in the villages for a couple of days. I am less dismissive…and that’s all I’m gonna say about that,” he stated.

However, the lawyer has come out to clarify that he has not defected to the so called Hustler nation movement, a tag the DP is using to woe voters towards his side ahead of 2022 general election.

The statement that was made by Waiganjo on Facebook was widely shared by Ruto’s online campaign team with some speculating that the lawyer’s sentiments meant he was in support of the DP’s 2022 presidential campaign.

Waiganjo however, said he was merely warning Ruto’s opponents against dismissing the hustler political movement.

“For the UNEQUIVOCAL record I am no part of the Hustler narrative. I know better. I’ve been around a long time. In any event I suspect it’s skin deep. Just do not dismiss it. In the meantime, Do not pigeon hole me,” he said in a Facebook post.

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Raila Odinga-led Orange Democratic Movement (ODM) party will hold its nominations on Thursday ahead of the upcoming Msambweni constituency mini polls.

The Orange party on Wednesday September 30, 2020 announced that the newly inaugurated National Elections Board under the leadership of Catherine Mumma had already put everything in place.

Two parliamentary seat aspirants namely Omar Idd Boga and Eng. Nicholas Zani will be fighting for the Orange party ticket.

“The newly inaugurated National Elections Board the leadership of Ms. Catherine Mumma is set for primaries in Msambweni Constituency tomorrow (Thursday). Two aspirants namely Omar Idd Boga & Eng. Nicholas Zani will be fighting for the party ticket,” ODM announced.

Msambweni Constituency by-election will be held on December 15.

The Independent Electoral and Boundaries Commission (IEBC) said the by-election which was postponed in April will be held under strict COVID-19 regulations.

The seat fell vacant following the death of Suleiman Dori in March. The ODM MP succumbed to cancer.

Deputy President William Ruto had planned to front a candidate in the constituency perceived to be one of the Coast strongholds of Raila’s ODM.

But like his fate in government, politics of ‘handshake’ between President Kenyatta and Raila seem to have cost him yet another chance to prove his political mettle as he gears up for 2022 presidential race.

The second in command then met an independent candidate in the Msambweni by-election, just a day after the Jubilee Party announced it will not field a candidate in the mini poll.

The aspirant, Feisak Abdallah Bader, visited the DP at his Karen residence in the company Members of Parliament from coast region among them Nyali’s Mohammed Ali, Kilifi North’s Owen Mbaya, Lungalunga’s Khatib Mwashetani, Lamu East’s Athman Shariff and Malindi’s Aisha Jumwa.

Details of the meeting were not disclosed but Ruto on Wednesday last week said he will not shy off from supporting a candidate of his choice since the ruling party was not fielding an aspirant.

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A report by Auditor General Nancy Gathungu has revealed that Kenya Medical Supplies Agency (KEMSA) procurement scandal saw Kenya lose Ksh.2.3 billion.

The report  tabled to the Senate on Wednesday shed light on how KEMSA violated several laws, leading to the staggering losses

The reports notes that for instance, some of the companies that were awarded multimillion tenders had only been around for a few months.

The auditor noted some of the companies that were awarded the contract were established in January and February this year, pointing to possible collusion.

The report also reveals fraud in procurement and collusion between Kemsa bosses and the companies that were awarded multi-billion shilling contracts.

The Senate heard that companies that had been around for less than year were awarded contracts without having the necessary qualifications to supply medical equipment.

According to the auditor, Kemsa over procured items with Sh6.3 billion which are still lying idle in its warehouses.

If the items are sold at the current market prices, Kemsa will only recover Sh4 billion, leading a whopping loss of Sh2.3 billion.

The report shows that Kemsa illegally and irregularly diverted monies meant for UHC to purchase Covid-19 items without approval of the Ministry of Health.

In recommendations to the Senate, the office of the Auditor General calls government agencies to conduct probe to establish criminality in the procurement process and collusion between the management and companies awarded the contracts.

The same report also wants KEMSA to withhold any further processing of COVID-19 related claims until an independent audit is done.

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Nancy Macharia

Teachers Service Commission (TSC) has issued new guidelines to teachers on anticipated reopening of schools.

The teachers’ employer on Wednesday September 30, 2020 announced that the reporting of teachers still stands as it had earlier been communicated.

The new guidelines have come barely two days after President Uhuru Kenyatta stated that he would only reopen schools after the Education and Health Ministries guarantee the safety of learners.

TSC boss Nancy Macharia stated that all teachers should report to their work stations, then the clock-in system be operationalised.

The school heads were further directed to have staff meetings to discuss the implementation of strategies on the resumption of teaching and learning.

Teachers will be tasked with developing timetables, preparation of schemes of work, working on the Teacher Performance Appraisal and Development (TPAD), and updating the Teachers Management Information System (TMIS).

Teachers will also be required to come up with psycho-social support systems to strengthen the guidance and counselling committee.

TSC further directed the tutors to develop strategies to ensure observance of the Ministry of Health protocols.

All schools are also instructed to establish a Covid-19 disaster management committee.

TSC added that it would conduct visits to schools to ensure compliance to the measures.

Earlier on, TSC stated that teachers who did not report at the set date would face dire consequences.

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Nyeri Town Member of Parliament Ngunjiri Wambugu has dismissed Deputy President William Ruto’s hustler movement.

Speaking in an interview with Citizen TV on Tuesday night, Wambugu said DP Ruto’s philanthropic activities under the hustler nation movement where he has been donating wheelbarrows, handcarts, and other simple working tools is  ploy to deceive the youth into voting for him in 2022.

According to the Jubilee lawmaker, Ruto’s rise to power and wealth was enabled by former President Daniel arap Moi.

“The Deputy President is misleading the youth through this hustler nation charity projects. Ruto is today a very wealth man but when he was a hustler, back in his university days, he went to Moi and he was given prime land. He was given a job at YK92 and allowed to do big business with the government – that is how he acquired wealth. If he wants others to be like him, why not give them land and government jobs rather than mkokotenis?” Wambugu posed.

He added that many of those who voted for the DP would not have done so if they knew he would be spending every day campaigning for the Presidency.

Early this year, Ruto revealed that Moi gave him his first piece of land while he was in university which he later sold and bought his first car.

A day after skipping the national Covid-19 conference chaired by President Uhuru Kenyatta, Ruto was back to dishing out ‘hustler’ goodies to youths at his Karen residence in Nairobi.

On Tuesday, the DP distributed several items, including wheelbarrows, to youths and women, and said, “Every hustle matters, creating and expanding each opportunity is a chance to make many dreams come true.”

The DP said that the insults from his critics will not stop him from reaching out to the youths who need his help.

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Jubilee party Vice chairman David Murathe has shed a light on on the intricate details that killed the bromance between President Uhuru Kenyatta and his deputy William Ruto.

Murathe who was speaking in Nyeri on Tuesday afternoon said that Ruto’s rebellion caused the fallout between him and his boss.

He argued that the head of state was willing to campaign for DP Ruto in 2022 but the second in command ignore the President’s call to stop early campaigns, and just kicked of his early bid for State House.

“The president was even ready to campaign for the guy in 2022, but then Ruto thought, this guy is a sitting duck, I don’t need him and started his early campaigns,” he said.

Murathe also turned the blame finger at Ruto in some of Jubilee government’s unfulfilled promises.

“Ruto goes all over the country launching phantom projects which don’t happen, you saw the pledges he gave about the stadia, it has taken the involvement of the president to have the stadia done, you cannot give pledges without figuring out how that will be done,” he added.

While addressing the festering tensions between the two brother’s in politics, Murathe said that it likely Ruto will be leaving the Jubilee party in the coming day.

He claimed that several Ruto allies have in the recent past claimed they will vie in 2022 under different parties which may see the Ruto camp form its own political outfit.

“Listen to his allies, they are talking of going to the next polls with a different outfit, it is like a decision has been made, the other day he was at the headquarters, we gave him tea, he tried to reverse our decison in Mswambweni but it was not possible,” Murathe said.

Murathe went ahead to claim that Ruto currently has no job, adding that his roles have since been taken over by Interior CS Fred Matiang’i.

“He has no job if the president is around, his only job is to deputise in the president, you know his job was taken over by Fred Matiangi, he is the one in charge of coordinating other ministers, the things he used to do are being done by Matiang’i,” Murathe said

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