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    TUESDAY, APRIL 28, 2015 WWW.BDAFRICA.COM KSH60 |TZ SH 1,700 |UGSH2,700 | RFrNO. 2083

    BY FRED MBUGUA

    IN PORT LOUIS, MAURITIUS

    Financial services firm Britam

    revised its books for 2014 a mon

    ter they were published, reduci

    after tax profit by Sh342 millio

    The reduction was reveale

    days after the resignation of tw

    rectors caught up in a corp

    governance crisis sparked b

    collapse of a Mauritius bank a

    ated with the companys single

    est shareholder.

    Mr Dawood Rawat, the

    ritian business magnate w

    for fraud, money-laundering

    embezzlement, and Mr Mouss

    wat, his nephew, left Britams b

    on April 22, according to notice

    to regulators the same day.

    The notices were, howeve

    made public within 24 hours

    quired by law. The duo repres

    the interests of BAI Co (Maur

    which had a 23.34 per cent st

    Britam and in which Mr Dawoo

    wat had a controlling stake. Th

    has been placed under a conser

    by the Mauritian government

    evidence of overvalued asset

    understated liabilities emerge

    Britams revision to its fina

    statements has been attributed

    issue with respect to the car

    value of a local associate comp

    The group has two asso

    Housing Finance (46.04 pestake) and Acorn Group Limit

    per cent). Last week, the Mau

    government said it would take

    trol of Mr Rawats stake in the

    yan firm as it begins a global

    for assets that can be seized an

    off to repay victims of his fraud

    search has so far

    unearthed a castle BRITAM, P

    RICHARD LEAKEY

    CHAIRPERSON OF THE KENYA WILDLIFESERVICE BOARD

    JOHN NGUMI

    CHAIRPERSON OF THE BOARD DIRECTORSOF THE KENYA PIPELINE COMPANY

    WAMBUI NAMU

    MEMBER OF THE KENYA TRADE NETWORKSAGENCY BOARD,

    OMINGO MAGARA,

    CHAIRPERSON OF THE KENYAINTERNATIONAL CONVENTION CENTRE

    GACHAO KIUNA

    MEMBER OF THE BOARD OF THE KENYAINVESTMENT AUTHORITY

    JUDY KIBAKI

    MEMBER OF THE BOARD OF THE KENYAINVESTMENT AUTHORITY

    NEW APPOINTMENTS

    Inflation looms

    large as Kenyancurrency touches

    a new low of

    Sh94 againstthe greenback

    Shillings fall against dollasignals ise in cost of living

    Bitam nowestates pofafte exit o

    two diecto

    BY CHARLES MWANIKI

    The Kenyan shilling continued its slide

    against the major world currencies,

    signalling a looming rise in the cost

    of living in a country that is over-de-

    pendent on imported goods.

    The shilling closed yesterdays

    trading at 10 cents weaker at 94.35

    to the dollar, staying on a losing path

    that started last month and moving

    closer to breaching the psychological

    mark of 95 units to the dollar as rising

    demand for the dollar continued toweigh against weak inflows.

    Kenya is a net importer of con-

    sumer goods such as petroleum,

    processed foods and clothing as well

    as raw materials and machinery used

    by its nascent manufacturing industry,

    whose costs are expected to rise with

    a weaker shilling pushing up the rate

    of inflation.

    A weaker shil-SHILLING, Page4

    Shilling/US Dollar exchange rate April

    2011-2015The Kenya shilling is exchanging at a three-and-a-

    half year low to the dollar, wekened by lower dollar

    inflows and a globally strengthening US currency.

    BY VICTOR JUMA

    President Uhuru Kenyatta yesterday

    made 302 appointments to 79 State-

    owned companies that largely put

    politicians and allies in charge even as

    it recognised a few private sector pro-

    fessionals.

    This is the first batch of appointments

    that gives the beneficiaries three-year

    directorships in the parastatals.

    The long-awaited appointments, in-

    formed by the findings of the Presiden-

    tial Taskforce on Parastatal Reforms, aremeant to improve service delivery and ef-

    ficiencies besides dealing with rampant

    corruption in the State-owned firms.

    The administration is pleased to an-

    nounce the first batch of appointments to

    State corporations in line with its trans-

    formative agenda for Kenya, State House

    spokesperson Manoah Esipisu said in a

    statement. In JOBS, Page 4

    Old guad back

    in Uhuu shakeup of paastatals

  • 7/26/2019 apr 28th 2015

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    2 BUSINESS DAILY| Tuesday April 28, 2015

    near Italys capital,

    Rome, and prop-

    erty in places like the United Kingdom,

    Croatia and Romania.

    The asset seizures are part of a plan

    Mauritius Prime Minister Anerood Jug-

    nauth presented to parliament on Friday,

    whose aim is to compensate policyhold-

    ers and investors caught in the Ponzi-

    type fraud affecting BAI Co (Mauritius)

    and its sister company Bramer Bank. A

    Cabinet meeting held just hours before

    the parliamentary address agreed on

    wide-ranging legal and ad-

    ministrative steps that willsee the State Insurance Com-

    pany of Mauritius (SICOM)

    replace BAI Co (Mauritius)

    as a shareholder in British-

    American (Kenya) Holdings,

    the single largest sharehold-

    er in Britam.

    A yet-to-be-appointed

    national administrator for

    a proposed National Property Fund and

    SICOMs board of directors will decide

    whether and when to sell the stake in

    the Nairobi-based regional financial

    services group.

    The countrys Financial Services min-

    ister Sudarshan Roshi Bhadain said the

    sale of BAI Cos stake in Britam to inter-

    ested parties was likely as the national

    insurer tries to get value for Mauritian

    policyholders.

    The conglomerate that Mr Rawat

    owned is also invested in Botswana

    and Malta. Botswana regulators have

    delisted BAI (Botswana), in which BAI

    Co (Mauritius) holds an 80 per cent

    stake, and placed it in receivership.

    GlobalCapital, in which Mr Rawats

    firm owns a 48 per cent stake and con-

    trols a further 6 per cent, was also taken

    off the stock exchange in Malta.

    Kenya is isolated from what is hap-

    pening, Mr Bhadain said.

    Its only a 23 per cent hold-ing and theres no control

    (exercised by the Mauritian

    BAI conglomerate over

    Britam, unlike in Malta

    and Botswana).He, how-

    ever, acknowledged the

    risk of ripple effects from

    the scandal adding: But

    now the situation is go-

    ing to improve because the Mauritius

    government is giving the assurance

    to all (Britam) investors that we are

    stepping in.

    Initial investigations by BAI Co

    (Mauritius) conservators Andr Bon-

    ieux and Mushtaq Oosman, appointed

    by the Financial Services Commission,

    found that there were no operational

    or commercial ties between Britam and

    BAI. The only (financial) link is the

    investment via the stock exchange, Mr

    Bonieux told theBusiness Daily, add-

    ing that he and others in Mauritius with

    a voice in what happens to the Britam

    stake are in touch with Kenyan regu-

    lators and Britam executives on what

    is going on in Mauritius.

    He hinted at a possible sale ofGlobalCapital, suggesting multiple

    suitors.

    Britam, he says, remains the jewel

    in the crown of Mr Rawats crumbling

    empire, and that the Mauritius govern-

    ment and an administrator hired to

    run his non-insurance businesses also

    consider it his best investment.

    Meanwhile, efforts to find and freeze

    assets owned by Mr Rawat and other

    beneficiaries of his scam continue. An

    asset recovery unit run by Mauritian

    police and public prosecutors has ob-

    tained Supreme Court orders freezing

    shares and immoveable assets in the

    country, even as the Attorney General

    seeks mutual legal assistance to seize

    other assets around the world. But is

    this swift response to the fraud a case

    of dj vu all over again? The inter-

    vention underway is reminiscent of the

    resolution to a 2009 fraud scandal in-

    volving British-American Investments

    (Trinidad & Tobago). Known as the

    CLICO scandal, after BAI (T&T) Ltds

    parent company Colonial Life Insur-

    ance Company, it, too, involved over-

    valuation of assets and was resolvedwith a government bailout of the $100

    billion conglomerate. Media reports

    in several countries in the Caribbean

    affected by the giant firms failure sug-

    gest many policyholders got the short

    end of the stick.

    Bhadain says Mauritius, which

    is still reeling from the discovery of

    another alleged $16.5-billion Ponzi

    scheme last month (Belvedere, run

    by two South Africans), is keen to take

    the right actions to gain a reputation

    for clean business. This, he says, is

    why the State wants to protect poli-

    cyholders.

    The State has promised capital re-

    payment for all policies, including those

    offered under toxic single-premium in-

    vestments at the heart of the fraud, o

    imposing a haircut (loss of inter

    on the Ponzi scheme victims.

    The Mauritian government has

    taken steps to clean house, with at l

    a dozen appointees to various overs

    positions losing their jobs. An inte

    tional arrest warrant for Mr Daw

    Rawat is still in place.

    Former BAI (Mauritius) chief extive Oomeshsing Rishi Sookdaw

    is out on bond after being charge

    a Port Louis court with aiding Raw

    fraud.

    At least one other unidentified

    official is facing a similar fate, relia

    sources say, even as a government m

    ister confirmed the police and ot

    investigative bodies were looking

    wider range of suspects. My gov

    ment (has) saved the country from

    unimaginable financial disaster,

    Jugnauth said, as he announced

    plan to sell BAI properties to pay p

    cyholders. If we had not made d

    sions, our financial system would h

    tumbled as in Trinidad & Tobago.

    [email protected]

    From Page 1

    Bitam educesafte-tax pofit

    by Sh342 million

    TOPNEWS

    Mr Andre Bonieux, a senior partner at PricewaterhouseCoopers and

    one of two conservators of BAI Co (Mauritius) Ltd. COURTESY

    Mr Roshi Bhadain, Mauritius Minister for Financial Service

    Good Governance and Institutional Reform. COURTESY

    The only link is

    the investment

    via the stock

    exchange

    ANDRE BONIEX

    BAI CO CONS ERVATOR

    BY BRIAN WASUNA

    Attorney-General Githu Muigai

    wants the High Court to dismiss a

    Sh4.2 billion ($47.5 million) claim by

    13 Ugandan and Rwandese firms for

    losses they suffered in the 2007-2008post-election violence.

    Prof Muigai says in court papers

    that the government notified vehicle

    operators of the dangerous state of

    Kenyan highways leading to both the

    Busia and Malaba borders, in addi-

    tion to providing security convoys to

    motorists plying the affected routes.

    The firms, however, say their trucks

    were looted and destroyed by the dem-

    onstrators while ferrying goods.

    The transporters sued the govern-

    ment in 2009 for negligence, demand-

    ing Sh4.2 billion compensation for

    special damages. They have also asked

    for general damages, an amount they

    say should be calculated at the courts

    discretion.

    The government issued advance

    warnings to operators of motor vehi-

    cles operating along the Nakuru-El-

    doret-Busia-Malaba highway and pro-

    vided armed security. If the plaintiffs

    suffered economic loss, all of which

    is denied, it was not occasioned byany negligence of the government,

    says the AG.

    The 13 firms and three business-

    men claim that the government,

    through the police, failed to accord

    their trucks adequate security, which

    led to the loss of their property in the

    chaos. They have also faulted the gov-

    ernment for opening the highway for

    use in clash-prone areas.

    They claim they lost $22.9 million

    (Sh2.03 billion) along with the trucks

    and goods that were being transport-

    ed across the country.

    But Prof Muigai says the govern-

    ment deployed both police officers

    and Kenya Defence Forces person-

    nel to maintain law and order on the

    affected routes. He adds that the ch

    was a spur of the moment that co

    not have been foreseen by the Sta

    The post-election clashes

    tween December 2007 and Febru

    2008 were spontaneous and as s

    any damage to the plaintiffs, conot reasonably be foreseen. The g

    ernment in discharge of its duty

    ployed extra police officers and Ke

    Army officers to the affected rou

    he added.

    Intraspeed Logistics, Kamp

    City Traders Association, KATRA

    Uganda and Mugenga Holdings w

    the owners of the 22 heavy duty tru

    destroyed in the chaos.

    They have been joined by Do

    Enterprises, Willex Uganda, SEB

    Uganda, KPI Limited, Bunyonyi

    faris, Seven Hills Impex, Uganda

    ricultural Tools, Board City, Bi

    Uganda and businessmen Suleim

    Bateganya, David Musana and Art

    Turyahikayo.

    AG opposes bid by fims seekingSh4.2bn post-poll violence payou

    Index to companies

    This index of businesses mentioned in todays issue of the Business Daily is

    intended to include all significant references to companies.

    Britam.............................................1,2

    NHIF...................................................6

    Telkom ...............................................7

    Kengen...............................................7

    Tata....................................................7

    CMC ...................................................7

    TOYOTA..............................................7

    TransCentury....................................8

    Mumias............................................10

    NSE...................................................10

    Naivas..............................................15

    New KCC ..........................................16

    Devki steel.......................................19

    Stanlib .............................................19

    Apex steel........................................19

    Brent oil ...........................................21

    www.businessdailyafrica.com

    Follow your favourite stories online, plus more on

    markets, industry, policy and agribusiness

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    businessdailyafrica BD_Africa

  • 7/26/2019 apr 28th 2015

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    Tuesday April 28, 2015|BUSINESS DAILY

    The big mans black Mer-

    cedes S600 with the

    vanity licence plate

    BA1 has not been seen in

    weeks making the dash from

    his home in Curepipe to the

    SSR International airport at

    one end of Mauritius or Port

    Louis at the other.

    Dawood Rawat, whose

    friendship with the countrys

    previous Prime Minister hasbeen described by a current

    Cabinet minister as toxic,

    is on the run. Once chairman

    emeritus of the British Ameri-

    can group of companies, he is

    now a fugitive accused of profit-

    ing from an elaborate scheme to

    cook the books at BAI Co (Mau-

    ritius) that saw liabilities played

    down and assets overvalued.

    While Mauritian authori-

    ties concede some of the

    former Britam directors com-

    panies were clearly in trouble,

    it wasnt until his

    failure to make a

    cash injection

    led to Bramer

    Banks suspen-

    sion that a cri-

    sis was touched

    off, revealing the

    true extent of his

    deception.

    We found

    there was a huge

    fraud case, Financial Services,

    Good Governance and Institu-

    tional Reform minister Roshi

    Bhadain told theBusiness Dai-

    lyduring an interview in Port

    Louis on Friday.

    Policyholders money which

    had come into the insurance

    company had been passed outthrough various subsidiaries in

    Mauritius. Some of the funds

    taken (from) new investors

    were being used to repay old

    ones and the interest rates that

    they were giving were high, in

    some cases going up to 10, 12

    and even 14 per cent (well above

    the average of three to four per

    cent). It had all the hallmarks

    of what is commonly referred

    to as a Ponzi scheme.

    According to a confidential

    report from the firms

    conservators, as at December

    31 last year, BAI Co (Mauritius)

    Ltds assets were substantially

    overvalued at 33.6 billion

    rupees (Sh89 billion) and

    were only worth about Rs17.2

    billion (Sh45 billion). The total

    liabilities, estimated at Rs26

    billion by BAI, were worked

    out to be Rs28 billion (Sh74

    billion). Of this, Rs23 billion

    (Sh61 billion) were the result

    of the controversial Super

    Cash Back Gold scheme that

    government officials say wasbeing run like a Ponzi scheme.

    The value of key subsidiaries

    like Iframac, Courts and the

    Apollo Bramwell Hospital

    were also revised downwards

    with by the conservators.

    As a result the firm was not

    in a position to meet its obliga-

    tions, even if it had not lost Rs6

    billion (Sh15 billion) loaned to

    Bramer Bank when the liquidity

    crisis led to the loss of the banks

    licence. The interim document,

    BAI Co (Mauritius) conserva-

    tor Andr Bonieux

    says, shows a clear

    trail of bad invest-

    ments through sub-

    sidiaries involved in

    everything from car

    dealerships to a pri-

    vate hospital. Britam,

    the 4.5 billion rupee

    jewel in the crown,

    stands in contrast

    to distressed assets

    like Iframac and the Apollo

    Bramwell Hospital.

    BAI Co also has a profitable

    toehold in Equity Bank and

    Housing Finance through its

    Kenyan investment vehicle.

    The main problem was the

    underperformance of BAIs sub-

    sidiaries, said Mr Bonieux,listing the largest distressed

    investments as Iframac, the

    Apollo Bramwell Hospital

    and Bramer Bank.

    And, of course, some of the

    insurance products they were

    selling were (being offered) at

    too high a rate.

    Under Mauritius law, insur-

    ance firms are barred from in-

    vesting more than ten per cent

    of their assets in related parties.

    But as at December 31 last year,

    BAI Co (Mauritius) had 58 per

    cent of its assets tied up in strug-

    gling related firms.

    This was down from a high

    of 85 per cent in 2009.

    The companys regular in-

    surance products such as its

    various life cover, education

    and pension schemes held by

    some 135,000 people were

    okay. The poison lay in three

    single-premium investment

    products, the most popular of

    which was called Super Cash

    Back Gold and offered unsus-

    tainable annual returns of up

    to 14 per cent.

    The involvement of Rawat

    relatives in the management of

    many of these subsidiaries, as

    well as other holding compa-

    nies, is also a red flag.

    Seaton Investments, BAI

    (Mauritius) Ltds loss-making

    holding company, was headedby Mr Dawood Rawats daugh-

    ter, Adeela-Feistritzer Rawat. Its

    board was stacked with male

    relatives with the only per-

    son not a blood relation be-

    ing Adeelas husband Claudio

    Feistritzer.

    Adeelas sister Laina headed

    a division at BAI, and the failing

    Apollo Bramwell Hospital was

    headed by their sister-in-law,

    Valerie Rawat. (BAIs ultimate

    holding company, Bahamas

    registered KLAD Investment,

    is named for family members

    Kerima, Laina, Adeela and

    Dawood.) The path to recov-

    ering from this crisis almost

    certainly involves selling the

    best-performing assets in

    this case Britam. We have to

    make sure serious bidders come

    to the table. There must be a

    proper bidding process, Mr

    Bonieux said.

    Id certainly like to do that

    with full transparency for BAI

    policyholders and manage-

    ment (and shareholders) in

    Britam. It has to be planned.

    There is no rush. But, having

    said that, I dont think there is

    a strategy to keep Britam for

    a very long time. Bhadain,

    whose relatively new Ministry

    champions good governance,

    says the crisis and Mauritius

    response are an opportunityfor change.

    Fraud happens, he said,

    citing Enron and Lehman

    Brothers in the United States,

    and BCCI, the Maxwell Affair

    and Polly Peck in the United

    Kingdom. It has been dealt

    with swiftly. The Finance

    Minister decided the Nation-

    al Commercial Bank was go-

    ing to take everything on board

    and safeguard the interests of

    (Bramer Banks) depositors

    and employees. We reassured

    (BAIs 135,000) regular policy-

    holders that the government is

    going to secure their policies.

    Then we started a massive ex-

    ercise to understand what had

    happened, who was responsible

    and why it happened.

    The result was a decision to

    fire the chief executive of thFinancial Services Commis

    sion, the head of the Financia

    Reporting Council, and a ten

    person national committee on

    corporate governance.

    The name of the game is t

    learn from these (crises) an

    bring appropriate legislation t

    make sure the loopholes peop

    are using to abuse the system

    are closed down, Bhadai

    says. Changes to the Insu

    ance Act are being proposed

    for instance, to clarify the defi

    nition of related companies an

    prevent the sort of transaction

    that brought down Mr Rawat

    empire. Is that sort of thing posible in Kenya? British-Amer

    ican Insurance (Kenya) Man

    aging Director and Regiona

    Director of Insurance Steven

    Wandera points out that Keny

    has tight restrictions on relate

    party transactions in the insur

    ance industry, with the limit a

    five per cent and no ambiguit

    over what counts.

    Local regulators, he add

    are conservative over how a

    sets and liabilities are valued

    requiring the former cover th

    latter. The Insurance Regula

    tory Authority also insists o

    independent directors and in

    vestment committees, and ap

    proves all products offered.

    R A D A R S C R E E N F R E D M B U G U A

    How Dawood Rawats deception was unavelledFRAUD Most of his relatives were

    running distressed assets blamed for

    losses running into billions of rupees

    Mr Dawood Rawat is now a fugitive. FILE

    TOPNEW

    We found

    thee was a huge

    faud case

    ROSHI BHADAIN,

    FINANCIAL SERVICES

    MINISTER

  • 7/26/2019 apr 28th 2015

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    4 BUSINESS DAILY| Tuesday April 28, 2015

    ling, however, has the

    impact of making Kenyan exports more

    affordable and should therefore help

    drive volumes, besides translating to

    better earnings for every dollar.

    Analysts, however, said overreliance

    on imports means the economy could

    wipe out any benefits the

    importers may get from a

    weaker shilling, leaving

    consumers in a worse po-

    sition.

    Taking all the market

    factors into consideration,a weaker shilling would in-

    crease inflationary pressure

    and ultimately result in a

    higher cost of living, said

    Ecobank Kenya country

    treasurer Bobby Otieno.

    Reduced inflows from

    tea and tourism sectors,

    payment of dividends by multinational

    companies and a reduction of inflows

    via forex bureaus with the crackdown

    on terrorism financing have significant-

    ly impacted the forex reserves.

    Inflation stood at 6.31 per cent in

    March up from 5.61 per cent in February

    a figure that is still within the Central

    Bank of Kenya (CBK) target of between

    2.5 and 7.5 per cent.

    In addition to the expected rise in the

    cost of living (inflation), a weaker cur-

    rency has a wider impact on the econ-

    omy, especially on interest rates.

    If inflation goes up above the CBKs

    target margins, the CBK will be forced

    to increase the base rate. This will in

    turn increase the cost of credit to the

    private sector and ultimately slow down

    the rate of growth, said Commercial

    Bank of Africa senior dealer Joshua

    Anene.

    Kenya imported goods

    worth Sh1.618 trillion in

    2014, up 15 per cent or

    Sh210 billion more com-

    pared to Sh1.408 trillion

    in 2013, according to theKenya National Bureau of

    Statistics (KNBS).

    The value of imports

    rose only marginally by

    Sh32 billion or 6.5 per cent

    from Sh504.3 billion to

    Sh537.1 billion meaning

    that Kenyas trade deficit

    widened by Sh177.7 billion to Sh1.08

    trillion.

    The imports were mainly in form of

    capital goods for infrastructure projects,

    fuel and manufactured goods.

    The KNBSs producer price index

    (PPI) for the first quarter of 2015 also

    shows that the overall cost of produc-

    tion for manufacturers increased by

    1.52 per cent compared to a decrease

    of 1.23 per cent recorded in the fourth

    quarter of 2014.

    The main contributors to the first

    quarter increases were manufacture of

    food products (up 1.79 per cent), manu-

    facture of beverages (up 2.52 per cent)

    and manufacture of rubber and plastic

    products (up 2.85 per cent), the KNBS

    says in the PPI report.

    Costs associated with food and non-

    alcoholic beverages have the biggest

    weighting in the monthly inflation

    index at 36 per cent and account for

    up to 40 per cent of the producer price

    index.

    Consumers have been enjoying some

    respite on inflation helped by low cost

    of petroleum products arising from a

    recent dip in global crude oil prices.

    Consultancy firm Pricewaterhouse-

    Coopers (PwC) put the total savings on

    oil import bill in the past year at $200

    million (Sh18.5 billion).

    Oil prices have, however, rebounded

    since January when a barrel was priced

    at an average of $46 to an average of $65

    a barrel today, meaning pump prices are

    likely to rise in the Energy Regulatory

    Commissions next two review cycles.

    The shillings quick slide towards

    the 95 units to the dollar has also gone

    against the general expectation that

    this exchange rate would only be real-

    ised progressively towards the end of

    the year raising the possibility that

    the shilling may drop further than the

    projected levels.

    We had not forecast that we would

    get to 94 so early in the year and we have

    breached that level quite easily. This

    means we could see the exchange rate

    anywhere between 95 and 98 to the dol-

    lar by year-end, said Mr Otieno.

    Dealers said the shillings weak

    ing is also driven to some extent by

    mestic factors and not just the doll

    global strengthening.

    Last week the dollar lost so

    ground to other world currencie

    development that was not felt in

    Kenyan market.The CBK has, however, come i

    reassure the market that it is clo

    monitoring developments in the for

    exchange market and that it will c

    tinue to use appropriate monetary

    icy instruments to minimise excha

    rate volatility.

    The bank has adequate foreign

    change reserves in excess of 4.5 mon

    of imports to cushion the exchange

    against these short-term shocks

    volatility, the CBK said in a statem

    issued on Tuesday last week.

    The bank intervened in the ma

    yesterday with dollar sales as the s

    ling dropped to an intra-day leve

    94.40/50.

    It is the eighth time the CBK hatervened in the market in recent tim

    to minimise volatility through the

    of dollars as the shilling deprecia

    to cross a key psychological limit.

    regulator has, however, not sou

    to determine the direction of the

    change rate.

    The shilling has in the past been s

    as overvalued to the dollar and so

    economists have advised the author

    to allow it to depreciate gradually.

    Last July as the shilling hit 88 u

    to the dollar, Francis Mwega, a C

    monetary policy committee m

    ber, said in a research paper that

    local currency was overvalued by

    per cent.

    The World Bank put the cum

    tive overvaluation over a decad

    33 per cent.

    [email protected]

    Cost of living setto ise as shilling

    hits Sh95 to dollaFrom Page 1

    Shoppers at a supermarket in Nairobi. The cost of living is likely to rise due to anincreasingly weakening shilling. FILE

    TOPNEWS

    If inflation goes

    up above the

    CBKs taget

    magins, the CBKwill be foced to

    incease the base

    ate

    JOSHUA ANENE

    CBA SENIOR DEALER

    making the appoint-

    ments, the administra-

    tion has tapped into the wisdom, ex-

    perience and knowledge of our senior

    citizens, while embracing the energy,

    enthusiasm and innovation of our

    young people.The list of the appointees that was

    gazetted yesterday includes John

    Ngumi Standard Banks head of East

    Africa investment banking who will

    chair the Kenya Pipeline Company for

    three years. Polycarp Igathe, the CEO

    of Vivo Energy (formerly Shell), is the

    new chairman of the Anti-Counterfeit

    Agency while James Ndegwa is the

    new chairman of the Capital Markets

    Authority (CMA), replacing Mr Kungu

    Gatabaki who left last year. It was not

    immediately clear whether this indi-

    vidual is also the chairman of NIC Bank

    who has a similar name.

    Richard Leakey, the renowned con-

    servationist, who served as managing

    director of Kenya Wildlife Service, is

    back at the agency as its chairman.

    Marsden Madoka who has been serving

    as Kenya Revenue Authority chairman

    got another big appointment, replac-

    ing Danson Mungatana as chair of the

    Kenya Ports Authority (KPA).

    Mr Kenyatta also appointed scores of

    politicians and their relatives in an ap-

    parent move to widen his political base,

    especially in areas where his coalition

    received relatively few votes in the last

    General Election.

    Musikari Kombo, a western Kenya

    politician, was among the big winners

    having been appointed the chairperson

    of the Water Services Trust Fund for

    three years effective April 17.

    Judy Kibaki, a daughter of former

    president MWai Kibaki, joins the

    board of the Kenya Investment Au-

    thority alongside TransCentury CEO

    Gachao Kiuna and Mombasa politician

    Taib A. Taib.

    Wenwa Akinyi Odinga, the sister

    of Cord leader Raila Odinga, joins the

    board of the Kenya Medical Research

    Institute while Margaret Saitoti, the

    widow of former Internal Security

    minister George Saitoti, is among the

    new directors appointed to the board

    of the National Oil Corporation.

    Mr Esipisu said the governm

    made an effort to ensure the appo

    ments are inclusive in terms of co

    munities, age, gender, and people w

    disabilities.

    The appointments reflect the facKenya, with all 47 counties represen

    in honour of the diversity of all peo

    and communities of Kenya, he sai

    They also comply with the con

    tutional imperatives on the appo

    ment of women, youth and pers

    with disabilities.

    Women, youth and disabled

    rently form 31 per cent of the top p

    astatal management and their shar

    expected to rise once the reorganisa

    of the firms, including further appo

    ments, is concluded.

    The 302 appointees will be expec

    to make a public declaration on figh

    corruption, Mr Esipisu said. Their

    ing is the first outcome of the refo

    study that took nearly 18 months.

    Old guad back in Uhuu shake-up of paastatalsFrom Page1

    Polycarp Igathe, Chairperson of the

    Anti-Counterfeit Agency Board

    Wenwa Akinyi Odinga , member of the

    Board of the Kenya Medical Research

    Institute

    Margaret Saitoti, member of the Nation-

    al Oil Corporation of Kenya Board

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    Tuesday April 28, 2015|BUSINESS DAILY

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    6 BUSINESS DAILY| Tuesday April 28, 2015

    BY NEVILLE OTUKI

    Kenya is set to cut charges on money

    sent home by citizens living abroad

    from September in yet another meas-

    ure aimed at boosting remittances that

    have become an important source of

    hard currencies.

    Treasury secretary

    Henry Rotich said the

    new rates are contained

    in a policy document on

    remittances that the Cen-

    tral Bank of Kenya has

    crafted in partnership

    with the African Insti-

    tute for Remittances.

    We have analysed

    the cost of transferring

    money from the diaspora

    to Kenya to identify areas in which we

    can lower charges such as taxation

    and transfer fees, Mr Rotich told the

    Business Dailyyesterday.

    Kenyans abroad have often cited

    the high cost of sending money back

    home through official channels as an

    impediment, prompting a strategy re-

    think by the government.

    Mr Rotich said the downward re-

    view is expected to further drive down

    the cost of money transfer.

    The cost of sending cash in the

    country is estimated at 9.2 per cent

    of the value of the transfer,

    which is higher than the glo-

    bal average of 8.96 per cent.

    The volume of cash flows

    from Kenyans abroad has

    been growing over the

    years, hitting Sh140.9 bil-

    lion last year.

    Apart from supporting

    household consumption and

    real estate growth, diaspora

    remittances have stabilised

    the shilling amid dwindling fortunes

    of traditional foreign exchange earn-

    ers like tea, coffee, horticulture and

    tourism.

    Mr Rotichs policy announcement

    comes hot on the heels of a diaspora

    conference early this month in Nai-

    robi where President Uhuru Keny-

    atta promised to institute mecha-

    nisms of cutting costs on diaspora

    remittance.

    The government also hopes that

    the increased competition among

    commercial banks jostling for a pie

    of the remittances business will result

    in lower sending fees.

    Foreign Affairs secretary Amina

    Mohamed on Sunday asked Kenyans

    in the US to widen their investment

    back home, saying the government

    would start offering preferential duty

    waivers on their businesses.

    We are exploring possibilities of

    preferential duty waivers and other

    concessions for diaspora businesses,

    said Ms Mohamed in a statement from

    the US.

    The fiscal incentive plan comes

    even as use of mobile money transfer

    for international cash transfers is gain-

    ing prominence in the country since

    it is flexible and cheaper.

    According to GSMA the global as-

    sociation of telecoms operators the

    average cost of sending Sh9,336 ($100)

    via mobile money is Sh375 ($4) less

    than half the average cost of sending

    money globally through traditional

    money transfer channels.

    Safaricom has partnered with

    traditional service providers, West-

    ern Union and MoneyGram to move

    money into Kenya via M-Pesa.

    [email protected]

    Teasuy to cut taxes

    on diaspoa cashfom SeptembePLANRotich says downward review is

    expected to further reduce cost of transfer

    Treasury secretary Henry Rotich. He said the government would reduce taxes on

    diaspora cash to spur greater cash flow volumes into the country. FILE

    We have

    analysed the cost

    of tansfeing

    money fom the

    diaspoa...

    HENRY ROTICH

    Employes wantnew NHIF atespegged on basic paBY WAINAINA WAMBU

    The Federation of Kenya Employ

    has asked employers to base the n

    rates for National Hospital In

    ance Fund (NHIF) on basic rat

    than gross pay.

    The new rates, which come into

    fect at the end of this month, requ

    workers earning Sh5,999 to

    Sh150 which is the lowest deduct

    and those earning above Sh100,

    to pay Sh1,700.

    FKE chairman Linus Gitahi

    the decision by NHIF to base its n

    rates on gross pay was confusing.

    This paradigm shift of bas

    statutory payments on gross ea

    ings is misguided and punitive

    both employers and employees,

    Gitahi said.

    The self-employed will now re

    Sh500 up from Sh160. The rates pr

    ously ranged between Sh30 and Sh

    for salaried workers.

    Mr Gitahi added that NHIF sho

    ensure that the implementation of

    new rates is not challenged.

    We must consider that once

    annual period of claim expires it

    comes a saving for the NHIF and

    no future benefit to the contribu

    he said.

    The federation is set to meet w

    NHIF to discuss the issue. In the m

    time, it has advised members to bthe deductions on basic pay and

    the gross pay.

    Federation of Kenya Employers

    chairman Linus Gitahi. JEFF ANGOTE

    Thee tonnes of ivoy fom Kenya seized in ThailandMore than three tonnes of elephant

    ivory have been found at a Thai port

    stashed in a container shipped from

    Kenya, customs said yesterday, the

    second huge haul of tusks from Africa

    in less than a week.

    The discovery, which would be worth

    millions of dollars on the black market,

    was destined for Laos where the illegal

    ivory trade flourishes.

    Some 511 pieces of ivory, weighing

    over three tonnes, was found on April

    25 in a container marked as tea leaves

    transported from Mombasa, Kenya,

    and on to Laos, Thai customs said in a

    statement. Scores of whole tusks- some

    nearly two metres long- were among the

    pieces seized.

    A record four tonnes of African el-

    ephant ivory was seized at Bangkoks

    main port on April 20, in a container

    that arrived from the Democratic Re-

    public of Congo and was also destined

    for Laos. Once in neighbouring Laos,

    authorities believe the ivory would

    likely be sold on to buyers from China,

    Vietnam or back into Thailand, coun-

    tries where ivory ornaments are coveted

    despite fears the trade is pushing wild

    elephants to extinction.

    Laos is increasingly being used as

    a major transit point for such large vol-

    umes of illicit ivory and other wildlife

    products, Chris Shepherd of conserva-

    tion group Traffic told AFP.

    The increase in large-scale seizures

    is of great concern. Whether the ivory is

    coming from freshly killed elephants, or

    from stockpiles of ivory in Africa, needs

    to be investigated, he added.

    Conservationists say poaching and

    conflict has destroyed large numbers of

    African elephants, prompting experts

    to warn the species could be wiped out

    within decades. Thailand has launched

    a crackdown on the ivory trade amid

    mounting international pressure.

    -AFP

    BY BRIAN WASUNA

    The High Court has stopped bank-

    ruptcy proceedings against suspend-

    ed Labour secretary Kazungu Kambi

    over a Sh304 million loan owed to De-velopment Bank by a firm associated

    with him.

    Justice Eric Ogola issued the order

    following an application in which Mr

    Kambi has denied culpability in the

    debt owed to Development Bank by

    Riva Oils Company.

    The bank says Mr Kambi and two

    other directors, Ezekiel Karisa and

    David Tuitoek, had guaranteed the

    loan to Riva Oil Company which had

    operations in Tanzania, Uganda, and

    Zambia.

    In the application, Mr Kambi saysthe lender never informed him of the

    High Court judgment ordering him

    and the other directors to settle the

    outstanding loan amount.

    Mr Justice Ogola has also stopped

    Development Bank from asking Mr

    Kambi to settle the debt until his ap-

    plication is determined.

    Development Bank successfully

    sued Riva Oils in 2013 for Sh304 mil-

    lion after the oil firm, Mr Kambi, Mr

    Karisa and Mr Komen failed to defend

    the suit. Mr Kambi filed the suit against

    Development Bank after it initiatedbankruptcy proceedings against him

    for failing to pay the debt.

    A temporary stay of execution of

    the judgment delivered on April 2,

    2013 and any subsequent proceed-

    ings is hereby issued pending the

    hearing of this application on May 18.

    By that time all the parties in this suit

    shall have responded to this suit,

    Justice Ogola said.

    The firm borrowed Sh250 mil

    in 2007 and the sum had accrue

    Sh304 million in 2010, which

    bank is demanding with interes17 per cent yearly pushing the d

    to Sh390 million. Mr Kambis law

    Philip Nyachoti said his client was

    aware of the judgment ordering R

    Oils and its directors to pay Deve

    ment Bank the outstanding loan he

    it was unfair to institute the bankru

    proceedings.

    Cout stops bankuptcy poceedings against Kambi

    ECONOMY & POLITICS

    Mr Kazungu Kambi,suspended Labour

    secretary. FILE

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    Tuesday April 28, 2015|BUSINESS DAILY

    BY EDWIN MUTAI

    Former employees of Telkom Kenya

    want Parliament to investigate the

    board of the telco over failure to pay

    compensation to 997 retrenched staff

    in 2006.

    In a petition filed in the National As-

    sembly dated April 24, the former em-

    ployees are also seeking

    Parliaments intervention

    to have lawyer Mohamed

    Nyaoga and company sec-retary Ngana Ivy answer

    to claims of conflict of

    interest, misconduct and

    an attempt to defraud pe-

    titioners through misrep-

    resentation.

    The petitioners claim

    that the respondents

    fraudulently, through

    misrepresentation, led

    them into abandoning a claim of

    Sh3.2 billion severance pay and set-

    tle for an out-of-court sum of Sh1.4

    billion as compensation following the

    retrenchment. The settlement was ini-

    tiated by Telkom Kenya and resulted

    in loss of close to Sh2 billion which the

    petitioners agreed to forfeit on assump-

    tion that Telkom Kenya truly intended

    to settle the matter immediately, states

    the petition which will be tabled in the

    House this afternoon.

    The Constitution requires Speaker

    Justin Muturi to promptly re-

    lay any petition from mem-

    bers of the public to MPs.

    The petitioners state thatit later occurred to them that

    the settlement deal was a

    fraud and outright misrep-

    resentation by the board,

    directors and advocates.

    There is also a case of

    conflict of interest wherein

    Mr Mohammed Nyaoga, who

    is a member of the board of

    Telkom Kenya and also an

    advocate, was instructed to act on the

    matter on behalf of Telkom and person-

    ally steered the negotiations leading to

    the settlement deed, the petitioners, led

    by John Ochanda, say. They want the

    Justice and Legal Affairs Committee

    chaired by Ainabkoi MP Samuel Chep-

    konga, a former Communications Com-

    mission of Kenya chief executive officer,

    to summon 12 individuals among them

    suspended Investment Secretary Esther

    Koimett and former KenGen managing

    director Eddy Njoroge.

    Mr Njoroge is the chairman of Tel-

    kom Kenyas board of directors. The

    former employees also want Vincent

    Lobry, Telkom Kenya chief execu

    board members Daniel Delestre, G

    Ries, Oliver Froisat and Ashif Ka

    to appear before MPs over the s

    ment of retrenched staffs dues.

    The petitioners also want Tre

    Secretary Henry Rotich summ

    by virtue of being the holder of t

    per cent government shares in Te

    Kenya after dilution of the share

    ing from 49 per cent in favour of F

    Telkom on December 31, 2007.

    Interrogated by MPs

    Attorney General Githu Muiga

    principal adviser of the governm

    is also listed among those to be i

    rogated by MPs.The petitioners have also enjo

    Telkom Kenya as respondents.

    They also want the House to i

    tigate claims that the telco is a

    to collapse and that France Tel

    which owns 70 per cent of the

    pany, is in the process of being so

    third parties.

    They want the House to take m

    ures to protect the governments i

    ests in the firm and ensure that it f

    its obligations to the petitioners.

    [email protected]

    Ex-Telkom staff want boad pobed ove etiement cashRETRENCHMENT Petitioners say they were misled

    into abandoning a Sh3.2 billion severance pay claim

    National Assembly Speaker Justin Muturi. Retrenched Telkom Kenya employees

    petition will be tabled in the House this afternoon. FILE

    CORPORATENEWSNEWS I REVIEWS I ANALYSIS

    The settlementwas initiated by

    Telkom Kenya

    and esulted in

    loss of close to

    Sh2 billion ...

    PETITION BY FORMER TELKOM

    KENYA EMPLOYEES

    BY MUGAMBI MUTEGI

    Tata Africa Holdings has opened a

    new dealership in Nakuru that will

    exclusively sell agricultural equip-

    ment manufactured by Chicago-

    based firm John Deere.

    Tata Kenya, a subsidiary of In-

    dias Tata International, says the

    new dealership is targeting farm-

    ers in the South Rift region,a sig-nificant contributor to the countrys

    food basket.

    Demand for agricultural equip-

    ment like tractors is mainly driven

    by farmers, the private sector, national

    and county government.

    The roll-out will see the intro-

    duction of a new business centre in

    an area that has substantial agricul-

    tural activities where agricultural

    machines are used to facilitate and

    improve efficiency in food production

    through mechanisation, said Tata in

    a statement.

    John Deere manufactures plows,

    tractors, fertiliser spreaders, self-pro-

    pelled sprayers and combine harvest-

    ers among several other highly spe-

    cialised farming equipment.

    Tata Kenya has held the dealer-

    ship rights for John Deere equip-

    ment since 2012.

    Government-sponsored agricul-

    tural projects like the Galana-Kulalu

    irrigation scheme at the Coast and

    large scale projects by individual

    farmers have increased demand for

    farming equipment.

    This demand has seen automotive

    firms like Toyota Kenya venture into

    the business, with last years launch of

    the Yanmar and Case tractor brands

    in a diversification strategy aimed at

    cushioning it from a sluggish saloon

    car market.

    Other firms in the tractor business

    include CMC Motors which sells the

    New Holland and Bobcat brands and

    FMD East Africa which deals in the

    Massey Ferguson brand.

    The new John Deere facility will

    see competition in this sector in-

    crease, as manufacturers jostle forcustomers.

    In February, John Deere signed a

    deal with Chase Bank to offer opera-

    tor training, business training and ag-

    ronomic skills as well as affordable

    credit to equipment purchasers.

    The dealerships commercial,

    after-market, technical support and

    service teams are committed to en-

    suring that all customers enjoy and

    maintain real machine uptime so

    that they can enjoy proper return on

    their investment, said John Deere in

    a statement.

    The John Deere solutions for land

    preparation, seeding, crop care and

    harvesting introduce complete solu-

    tions for the farming future.

    Tata opens Nakuu dealeshipfo John Deee fam machiney

    Uasin Gishu Governor Jackson

    Mandago (second left) and Tata official

    David Nyoike look on as Charles Boittries out a John Deer tractor at the

    re-launch of the farm machinery in

    ldoret town in 2013. FILE

    BY SAMMY LUTTA

    A Turkana-based airline has been

    launched to connect Kitale and Lod-war towns, a route where motorists

    are frequently attacked by bandits.

    Operated by Phoenix Aviation, the

    airline will have two flights a week be-

    tween the Wilson Airport in Nairobi

    and the North Eastern territories.

    The 12-seater plane plying the

    route belongs to the Turkana Basin

    Institute (TBI), an organisation that

    was founded by renowned paleoan-

    thropologist Richard Leakey.

    Airline operations manager

    Patrick Eyoko said every Monday

    and Friday the plane will fly from

    the Wilson Airport then to Marsabit,

    Ileret, Loiyangalani, Lodwar, Kitale

    (final destination) and on return it

    will go back to Lodwar, Marsabit and

    return to Wilson airport. Mr E

    said they will also provide pr

    charter services across East A

    for $1,350 (Sh127,102) per hourcharges are based on a half-full p

    it will cost $140 (Sh13,181) per a

    senger from Kitale to Lodwar,

    the operator-in-charge who po

    out that the fare could drop dep

    ing on demand.

    TBI is a scientific research in

    tion that studies fossils in the Tu

    basin which together with Nat

    Museums of Kenya and Turkana

    ty government erected a Turkan

    Monument that will be both a to

    and a historical site for Kenya.

    The introduction of Air Tur

    comes after a 35-seater Safarilin

    line flight was launched in Septe

    last year to tap the opportunity

    was created by discovery of oil

    Tukana ailine launched to

    connect Kitale and Lodwa

    Phoenix

    Aviation w

    operate th

    aeroplane

    Lodwar. FI

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    8 BUSINESS DAILY| Tuesday April 28, 2015

    BY VICTOR JUMA

    Investment firm TransCentury is set

    to launch a rights issue whose pro-

    ceeds will be used to repay $80 million

    (Sh7.5 billion) convertible Eurobond

    it issued in 2011.

    The decision, communicated to in-

    vestment analysts, is aimed at boost-

    ing the companys cash position.

    The cash call will seeshareholders pump in

    nearly double the com-

    panys current market

    capitalisation of Sh4.5

    billion, with those sitting

    out the rights issue facing

    significant dilution.

    TransCentury will un-

    dertake a rights issue be-

    fore end of 2015 to finance

    the repayment of the outstanding 2011

    bond of approximately $80 million,

    said Standard Investment Bank (SIB)

    in a note to investors.

    The company confirmed the rights

    issue plans.

    SIB noted that debt conversion into

    equity is unlikely because of Trans-

    Centurys depressed stock price and

    the current weakening of the shilling

    against the dollar.

    The bond conversion is set at be-

    tween Sh40 and Sh49.6, but the stock

    price has dropped to lows of Sh16.1 or

    a third of its listing price of Sh50.

    The exchange rate is also fixed

    at Sh80.49 to the dollar, but this has

    deteriorated to the current average

    of Sh94.

    It is these major deviations in the

    two factors that has seen the firm opt

    for the rights issue ahead of the bonds

    maturity on March 25, 2016.

    The bond has an annual interest

    rate of six per cent besidesan additional six per cent

    to be paid at the end of its

    life for investors who will

    not have converted their

    portion into shares.

    Only a small portion

    of the debt was converted

    into shares amounting to

    6.9 million units in 2011,

    with the investment firm

    having set aside a total of 150.9 million

    shares to accommodate a potential

    full conversion.

    Conversion of the debt into eq-

    uity would have eased pressure on

    TransCentury which has little cash

    on hand.

    The firm ended 2014 with a nega-

    tive cash flow of Sh454.7 million, with

    most of its assets held in the form of

    property, equipment and receivables.

    TransCentury is expected to publish

    details of the rights issue, including

    the expected gross proceeds and pric-

    ing of the new shares, in the coming

    months.

    Part of the money raised from the

    cash call, together with an undis-

    closed new borrowing, will be used

    to finance energy and road projects

    among others.

    Besides the fundraising, the com-

    pany also announced that it had

    teamed up with a partner to raise

    its stake in its subsidiary Civicon to

    78 per cent.

    Its interest in Civicon, an engineer-

    ing firm, previously stood at 62 per

    cent. We view this transaction posi-

    tively, SIB said of the Civicon deal.

    Civicon business has a strong

    pipeline of signed projects (double

    current signed and running projects of

    Sh7.7 billion) which we view as positive

    for future revenue growth for Trans-

    Centurys engineering division.

    The investment firm made a net

    loss of Sh2.2 billion in the year ended

    December compared to a net profit of

    Sh626.4 million the year before.

    The performance was partially

    driven by the Sh1 billion loss in-

    curred in divesting from Rift Valley

    Railways.

    The companys revenues also

    dropped 13 per cent to Sh10.2 bil-

    lion in what it attributed to delayed

    projects.

    [email protected]

    TansCentuy linesup ight issue to pay

    Sh7.5bn EuobondCASH CALL Shareholders expected to pump

    in nearly double firms market capitalisation

    TranCentury CEO Gachao Kiuna reviewing the ongoing construction works at

    the GZ Industries Aluminium Cans Factory near Emali. TransCentury is planning

    a rights issue. FILE

    COUNTYBUSINESSCORPORATENEWS

    TansCentuy

    will undetake a

    ights issue befoe

    end of 2015

    SIB NOTE

    BY SANDRA CHAO-BLASTO

    Cigarette manufacturer British Ameri-

    can Tobacco Kenya (BAT) wants theMinistry of Health to provide details of

    graphic health warnings to be printed

    on packets ahead of a June deadline.

    BAT says it has written to Health

    Secretary James Macharia and the To-

    bacco Control Board requesting the

    information, but none of the parties

    has responded.

    As a result, Simukai Munjanganja,

    the firms head of legal affairs says in

    court documents that BAT is unable to

    comply with provisions of the Tobacco

    Control Regulations 2014.

    The first respondent has failed to

    provide the information sought on

    the basis that the regulations have

    been tabled before the Parliament,

    he said.

    The Health ministry is yet to re-

    spond to BATs application.

    The cigarette maker argues that

    the tabling of the regulations before

    parliament does not stop the ministry

    from providing it with a digital storage

    device and guidance documents on the

    application of the pictograms.The digital storage, BAT says would

    give clarity as to the size of the health

    warnings that the packets should carry

    and how to apply them.

    BAT made the revelation even as

    it maintained that its is still opposed

    to the regulations, terming them un-

    constitutional.

    Shut down

    The firm has moved to the High Court

    seeking to halt implementation of the

    rules that are expected to come into

    force by June 5 on grounds that the cost

    of complying with will be enormous

    and would may eventually force some

    firms in the industry to shut down.

    Under the new regulations players

    in the industry will be required to pay

    a Solatium Compensatory Contribu-

    tion every financial year amounting

    to two per cent of the value of tobaccoproducts that have been manufactured

    or imported.

    The firm says that the contributions

    are oppressive as tobacco manufactur-

    ers are already exposed to other taxes

    adding that they had paid Sh14 billion

    in taxes in the last financial year.

    The Solatium contribution will

    have a significant effect on the pe-

    titioner putting at risk further in-

    vestment and the more than 80,000

    direct and indirect employment op-

    portunities generated in Kenya, ar-

    gues BAT.

    The new graphic images are meant

    to discourage smoking of cigarettes.

    The matter will be mentioned be-

    fore Justice Mumbi Ngugi on May 6.

    BAT seeks photos of gaphic health wanings

    A man smokes a cigarette. BAT is

    fighting new tobacco regulations. FILE

    Milk deliveieto Booksideean Muangafames Sh250m

    BY WAINAINA WAMBU

    Milk processor Brookside paid Sh

    million to Muranga dairy farmers

    year, a 10 per cent jump in their ea

    ings from the previous year.

    Brooksides director of milk p

    curement John Gethi said the co

    pany partnered with the Muran

    County government to collect

    milk from farmers.

    The county government, thro

    the Muranga County Creameries,

    lects milk from farmers, chills i

    Brooksides cooling stations at M

    gua in Muranga and Othaya in

    neighbouring Nyeri County.

    Key driver of economies

    Dairy is clearly becoming the le

    ing generator of family income

    Muranga County. We have respo

    ed to this reality by partnering w

    the county government in raw m

    collection,

    we have also set up milk collec

    booths at Kahuro, Murarandia,

    gunduini, Gitiani and Karangi c

    tres where farmers can deliver th

    milk, said Mr Gethi.

    The county government

    Muranga has worked hard to

    sition dairy as a key driver of ru

    economies. We intend to retain

    position as the preferred market

    farmers milk in the area.

    Brooksides sustained campa

    to have contracted farmers ad

    modern herd management me

    ods had led to growth in raw m

    supply, he said.

    Training has had an impact

    The increase in earnings shows t

    our dairy training courses have

    an impact on production volumes

    intend to increase the number of tr

    ing courses so that more dairy fa

    ers benefit from knowledge on ani

    husbandry, said Mr Gethi.

    Brookside has set up a demons

    tion farm in Maragua where farmlearn best practices in dairy prod

    tion.

    About 160,000 farmers coun

    wide supply the firm with milk.

    The firm increased raw milk pr

    by Sh2 last month to Sh40 for e

    kilo delivered.

    Brookside, he said, will conti

    encouraging clean milk productio

    ensure that the product bought fr

    farmers for processing is free of

    hibitors and contamination.

    He also urged farmers to con

    livestock diseases by regular vacci

    tion, especially of infectious disea

    such as mastitis, which he said low

    milk production in sick animals.

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    BY THOGO JOSEPH

    Acouple of years ago, a student

    from a high school in Nairobi

    presented a memorable so-

    liloquy during the National Schools

    Drama Festivals which had the presi-

    dent in stitches.

    The narrative which sought to bring

    to light the benefits accruing from dev-

    olution, tells the story of a fictional

    character, Sylvester Ogwamfumbe,

    who moves to Nairobi from his rural

    village prospecting for greener pas-

    tures only to find that life in the city is

    not what it is made out to be.

    After enduring untold and humili-

    ating hardship in Lower Karen, the

    disillusioned young man decides to go

    back to his Nyamthoi county to start a

    new life.

    The story ends with

    the young man boasting

    about how his business

    ventures have taken

    off, the types of clothes

    that is wearing and the

    different countries he

    has visited as a result

    of taking advantage of

    the opportunities pre-

    sented by devolution in

    his county.Devolution has

    brought previously

    non-existent develop-

    ment and opportunities

    closer to citizens. Within the de-

    volved structure, Kenyans can now

    participate in the planning and im-

    plementation of development agenda

    in their region.

    It is perhaps drawing on this that

    at last weeks Governors Conference

    in Kisumu, President Uhuru Kenyat-

    ta launched the Lake Basin Economic

    Blueprint; a development master plan

    initiated by 10 counties which identi-

    fies strategic areas of focus to realise

    their growth potential.

    The blueprint, which has been de-

    veloped with the support of Deloitte

    East Africa, identifies seven strategic

    pillars of growthagriculture, tour-

    ism, health, education, financial serv-

    ices, ICT and infrastructure.

    The challenge will be to breathelife into these documented ambi-

    tions which are on paper and bring

    them to fruition.

    This can be done through establish-

    ment of an agricultural commodities

    exchange, creation of a lake region

    tourism circuit, set up of specialty

    hospitals in each county, creation of

    educational centres of excellence, es-

    tablishment of regional banks, crea-

    tion of a lake-region ring road as well

    as improving ICT infrastructure.

    This road map is designed to har-

    ness and steer development efforts by

    leveraging on existing assets in the re-

    gion, addressing constraints and defin-

    ing key steps that leaders and citizens

    of the region can take to realise the

    shared vision.

    It is, therefore, anticipated that the

    development projects will be spread

    across the different counties Bom-

    et, Bungoma, Busia, Homa

    Bay, Kakamega, Kericho,

    Kisii, Kisumu, Migori,

    Nyamira, Siaya, Trans

    Nzoia, and Vihiga.

    Partnerships among

    these counties and the cen-

    tral government is essential

    and would create a practi-

    cal framework through

    which the county govern-

    ments efforts can be pooled

    to harness the abundantnatural resources, build

    on existing strengths and

    address challenges.

    These projects will re-

    quire the county governments to

    sit-down-and-break-bread with the

    central government and the private

    sector to ensure that the blueprint

    becomes reality.

    The Constitution authorises the

    central government to levy or provide

    exemptions in relation to income tax,

    value added tax, import and export

    duty and excise duty while county

    governments are only allowed to

    levy property taxes, entertainment

    taxes and other taxes authorised by

    statute.

    It unlikely that the 13 county gov-

    ernments will have enough from these

    taxes to finance the projects. They re-

    quire assistance from the central gov-

    ernment which should be in the form

    of either additional revenue allocation

    or additional targeted tax incentives

    aimed at encouraging private sector

    participation, or both.

    With alleged misappropriation

    of amounts disbursed by the central

    government plaguing the devolution

    system, perhaps the targeted tax in-

    centives might be the better option to

    ensure that the envisaged benefits are

    realised at the grass roots level.

    Already, the current law allows de-

    duction of tax on interest from infra-

    structure and social services bonds.Interest income accruing from

    such listed bonds used to raise funds

    for infrastructure and social services

    is exempt from tax provided that the

    bonds have a maturity of at least three

    years.

    In addition, expenditure of a capital

    nature incurred for the construction

    of public schools, hospitals, roads or

    any such social infrastructure is tax

    deductible, with prior approval of the

    Finance minister.

    There is also the 150 per cent invest-

    ment deduction which is available to

    investments exceeding Sh200 million

    outside Nairobi, Mombasa or Kisumu

    as well as industrial building deduc-

    tion on capital expenditure incurred

    on the construction of industrial build-

    ings like hotels and schools.

    All these incentives should be on

    the lake regions doing-business-

    guide when marketing the blueprint

    as an investment opportunity to the

    private sector.

    The question to the private sector is

    what can you do for your county? It is

    not what your county can do for you.

    However, one may argue that

    these incentives have been in place

    for a while now and have done little

    to stimulate up-take by the private sec-

    tor. Perhaps it is time to come up with

    different industry-specific and result-

    oriented incentives.

    Focus should perhaps shift to focus

    intangible incentives, for example, tax-breaks for the services industry. In this

    case, services provided in relation to

    the blueprint.

    These additional incentives should

    be formulated through a combined ef-

    fort of county governments and the

    central government and should ad-

    dress the unique aspects of the lake

    regions operating environment.

    These Lake Region 13 have thrown

    down the gauntlet for the other 34

    counties who now have to go to the

    drawing table.

    Mr Thogois a tax expert at Deloitte.

    The views expressed in this article are

    personal.

    E-mail: [email protected]

    IDEAS& DEBATEOPINIONS I REVIEWS I AN ALYSIS

    A trader weighs fish. Counties in the lake region are set to benefit from a joint

    economic plan. FILE

    INVESTMENT Joint economic plan will only translate to development with adequate cash

    Moe incentivesneeded to luecounty investos

    Incentives

    should be

    fomulated

    though a

    combined

    effot of county

    govenments

    and the cental

    govenment

    Barack ObamaUS President

    Other Voices

    Anne-Marie Slaughter

    (Project Syndicate)

    Whatever Americas Republican Pa

    tries to claim during the 2016 presi

    tial election campaign, Obamas po

    of engagement has worked, enabli

    to shape events in even the most c

    countries. So why do pundits conti

    to debate Americas supposedly de

    ing global influence? One answer is

    domestic political dysfunction has

    verely handicapped the president.

    Andray Abrahamian (Reuters)

    Recent rumours about North Kore

    textbooks exhorting a young Kim J

    Uns prowess as a driver and sailor

    sparked a renewed cycle of blogs a

    articles musing on just how weird

    Korea is. Why is their propaganda s

    odd, we ask. Do they believe it all?

    hard to know whether they are evetrue or not. It seems unlikely that N

    Korean textbooks really are claimi

    Kim could drive at age three, as thi

    pretty much physically impossible

    beating an adult in a sailing race w

    9-years old? Sure, why not?

    Kim JongNorth Korean leader

    Ranj Alaaldin (Guardian)

    The leader of so-called Islamic Stat

    (Isis), Abu Bakr al-Baghdadi, has re

    edly been seriously wounded and i

    longer in control of the jihadi organ

    tion following an air strike in weste

    Iraq. The development, once confir

    should be welcomed. But the inter

    tional communitys efforts to defea

    Isis still have some way to go. Elimi

    ing Baghdadi will, above all, underm

    Isiss aura of invincibility, somethin

    that has allowed it to recruit interna

    tional jihadis.

    Abu Bakr al-BaghdadiIsis leader

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    10 BUSINESS DAILY| Tuesday April 28, 2015

    When government stepped

    into the fertiliser business,

    through importation and

    distribution, the idea was to ensure as

    many farmers as possible had access to

    this all important component of crop

    production at subsidised rates. Ironi-

    cally, it has left all the players frustrated

    and is has taken a toll on food security in

    the country. From the government itself,

    the private players and the farmers, eve-

    ryone seems to be on edge.

    For government, its cardinal role is

    always to be actively involved in the en-

    tire fertiliser value chain from importa-

    tion, distribution, and ensuring the fer-

    tiliser get to the intended users in time

    for planting. But government seems to

    have performed dismally on this front.

    Right from poor handling of importation

    which either leads to delays to impor-

    tation in lower quantities that cannot

    match the demand, the cycle has been

    predictable in every harvest.

    In fact, a report by Bridgenet Africa

    placed delayed fertiliser distribution to

    farmers as one of the causes of the 2009

    drought that placed over 10 million Ken-

    yans under food relief and led the then

    President Mwai Kibaki to declare it a na-

    tional disaster. Then there are the leaks

    and pilferage in the distribution chain,which the government has equally failed

    to arrest. Key players here include the

    greedy middlemen and cartels who buy

    the subsidized fertiliser then repackages

    it and sells it exorbitantly to unsuspecting

    farmers. It has become commonplace to

    hear that farmers especially in food bas-kets that should be supplying the bulk of

    the countrys food narrate how they have

    never seen or come across any subsidised

    fertiliser and in fact have gone on to buy

    their own following multiple delays in

    planting as they waited for the govern-

    ment subsidy. The subsidy has never

    benefited the very same people it set

    out to benefit; the small holder farmers.

    The litany of woes by the farmers goes to

    show how the government has lost grip

    of one of the most crucial aspects in food

    production.But the business of govern-

    ment involvement in fertiliser production

    has equally had a negative effect on the

    private sector players involved in fertiliser

    distribution. While the private sector ap-

    preciates the crucial role of subsidised

    fertilizer to farmers, it beats logic when

    the same fertilizer is the cause of our

    food security woes since it is not achiev-

    ing the intended purpose. Government

    only supplies 30 per cent to the fertiliser

    to the farmers. But the millions of small-

    holder farmers in the country peg their

    hope on that subsidised fertilizer which

    they eventually dont get.

    A simple two-pronged approach

    would work for the benefit of all. Gov-

    ernment if keen on fertiliser distribution

    should take and own the whole process a

    100 per cent guaranteeing farmers timely

    and hassle free access to the fertiliser. The

    second approach which is more tenable

    and practical would be for the govern-ment to step out of the fertiliser distri-

    bution chain and only be involved at the

    policy level. This would mean creati

    favourable environment for private p

    ers to import, package and distribute

    fertilizer at reduced rates. Incentives

    reduced taxes would also inspire prisector players to slash their prices for

    benefit of the smallholder farmers.

    The subsidised fertiliser costs Sh1

    for CAN and Urea while the private c

    panies sell them at between Sh1,90

    Sh2,500. Studies have shown that the

    sidised fertilizers serve a paltry 20

    cent of the farmers leaving a stagge

    80 percent unattended. Here is where

    government needs to do its math. Pri

    companies can easily come down to

    Sh1,500 subsidised price but the inc

    tives are conspicuously missing.

    Another added advantage with

    private sector being involved is the

    and harmonised distribution ch

    nel through stockists and distribut

    Such channels have proven effectiv

    the sale of other agro inputs.

    History has shown how liberalis

    the market achieves results. In early

    after the elimination of retail price c

    trols, import licensing quotas, fore

    exchange controls, and the phase-ou

    external fertilizer donation program

    that disrupted commercial operati

    Kenya has witnessed rapid investmen

    private fertiliser distribution netwo

    with over 15 importers, 600 wholesa

    and 10,000 retailers now operating in

    country. Full liberalisation would m

    elimination of government involvem

    in the fertiliser supply chain and let

    the market forces and healthy comp

    tion prevail.The writer is the PR and communicat

    manager, Elgon Kenya Limited

    Fetilise secto must be fully libealised

    NELSON MAINA

    AGRICULTURE

    Iran wont play by the rulesThe announcement last month of a preliminary

    agreement between

    the US and Iran has led

    some to believe that Tehran will now enter the

    international system as a responsible actor.

    But such optimism ignores the fact that Irans

    current government still bears the imprint of a

    long imperial history and long-standing Persian

    regional ambitions. Iran is a country seeking

    to assert its dominance in the region and it will

    not play by the rules.

    Social media and child abuseA record number (1,421) of minors were

    abused after making

    contact with unknown

    adults on social media, a new report from the

    National Police Agency has stated.

    The reality of the online world, where people

    can attempt to contact anyone, is one

    where children and minors need to carefully

    scrutinise unknown people. For many young

    people, the Internet appears to be a virtual

    world.

    UKs warped logic on migrantsThe British governments response to the

    boatloads of refuge

    trying to make it ac

    the Mediterranean was driven by a warped

    logic. Tory minister Baroness Anelays claim

    last year that supporting search and rescue

    missions for sinking vessels was a pull fac

    encouraging more migrants to attempt the

    dangerous crossing convinced others in th

    EU. It has taken more than 1,000 deaths ov

    two weeks to force a reverse in EU policy.

    THE JAPAN TIMES

    TOKYO

    VIEWS FROM ABROAD Opinions fom aound the wold

    THE GURDIAN

    LONDON

    NEW YORK TIMES

    NEW YORK

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    12 BUSINESS DAILY| Tuesday April 28, 2015

    The 28 Ethiopian migrants of Christian

    faith murdered by the Islamic State

    (IS) on April 19 in Libya had planned

    to cross the Mediterranean Sea in search of

    work in Europe.

    Commenting on the killings to Fana

    Broadcasting Corporation (FBC), Ethiopian

    government spokesperson Redwan Hussien

    urged potential migrants not to risk their

    lives by using dangerous exit routes.

    Husseins call sparked anger among hun-

    dreds of Ethiopian youths and relatives of

    the deceased, who took to the streets in the

    capital Addis Ababa this week before the

    demonstration was disbanded by the police,

    local media reported.

    Protestors cited the governments luke-

    warm response to the massacre of Ortho-dox Christians for their outrage, theAddis

    Standardreported.

    Later in the week, during a public rally

    organised by the government in the capital,

    violence again broke out between security

    forces and protesters resulting in injuries

    and the detention of over a hundred pro-

    testers, local and international media re-

    ported.

    Almost two-thirds of Ethiopians are

    Christians, the majority of those Orthodox

    Copts who say that they have been in the

    Horn of Africa nation since the first century

    AD as well as large numbers of Protes-

    tants. In the widely-reported incident in

    Libya, IS militants beheaded 16 Ethiopian

    migrants in one group on a beach and shot

    12 in the head in another group in a desert

    area. Eyasu Yikunoamilak and Balcha Be-

    lete, residents of the impoverished Cherkos

    neighbourhood in Addis Ababa, were among

    the victims, it was learnt, along with three

    other victims from Cherkos.

    Seyoum Yikunoamilak, elder brother of

    Eyasu, told FBC that Eyasu and Balcha left

    their country for Sudan two months ago en

    route to reach the United Kingdom for work

    to help themselves and their families, but

    this was not meant to be.

    I used to talk to them on phone while

    they were in the Sudan, Seyoum said in

    grief.

    But I never heard from them since

    they entered Libya one month

    ago.

    Eyasu had previously beena migrant worker in Qatar

    and had covered his friends

    expenses with his savings to

    reach Europe, said Seyoum.

    In defiance of the warning

    of the government spokes-

    person, Meshesa Mitiku, a

    long-time friend of Eyasu and

    Balcha living in Cherkos, told

    the Associated Press on April

    20: I will try my luck too but

    not through Libya. Here there

    is no chance to improve your-

    self. Mesheshas intentions came even af-

    ter learning about the fate of his friends.

    Ethiopian lawmakers declared a three-day

    national mourning on April 21. The govern-

    ment also expressed its readiness to repatri-

    ate all migrants in dangerous foreign coun-

    tries, the Washington-based VOA Amharic

    radio reported.

    The rally earlier in the week came one

    month before Ethiopia holds parliamentary

    elections, the first since the death of long-

    time leader Meles Zenawi, and current prime

    minister Hailemariam Desalegn is expected

    to face little if any opposition challenge.

    We will redouble efforts to fight terror-

    ism, Foreign ministry spokesman Tewolde

    Mulugeta said in response to demands for

    action from protesters.

    Ethiopia is trying to create jobs so that

    people do not fee l the need to leave to find

    work, he added. Were trying

    to create opportunities here for

    our young people. We encouragethem to exploit those opportuni-

    ties at home.

    Nevertheless, disenchant-

    ment marked by asserted claims

    of repression, inequality and un-

    employment has spurred a series

    of protests against the regime

    over the last few years.

    These and other issues have

    prompted the exodus of Ethio-

    pian migrants to Europe, ac-

    cording to several observers.

    The idea that the majority of

    Ethiopian migrants relocate due to eco-

    nomic reasons appears flawed, contends

    Tom Rhodes, East Africa Representative

    of the Committee to Protect Journalists, in

    an email interview with IPS. Rhodes also

    GOVERNANCE Disenchantment marked by claims of repression inequality and youth

    unemployment spread in a country celebrated for its impressive growth in the recent past

    Swelling Ethiopian emigation castsdoubt on touted economic miacle

    NEWS INDEPTH

    maintained that the violation of fundam

    tal freedoms is closely tied with poverty a

    economic inequality.

    In an email interview with IPS, Ya

    Hailemariam, a former senior researc

    for the Ethiopian Human Rights Coun

    agreed. Pervasive repression and denia

    fundamental freedoms has led to frustrat

    alienation and disillusionment among m

    Ethiopian youth.

    Citizens have the right to peacefully p

    test, said Felix Horne, East Africa researc

    with Human Rights Watch.

    Its no surprise given the steps gove

    ment takes to restrict peaceful protests t

    disenfranchised youth would use the rare

    portunity of an officially sanctioned pu

    demonstration to express their frustratio

    Thats the inevitable outcome when th

    are no other means for them to express th

    opinions.

    The main opposition parties say thatgovernment has failed to create job opport

    ties, making migration inevitable. The regi

    they charge, favours members of the rul

    Ethiopian Peoples Revolutionary Democr

    Front and creates economic inequality.

    Recently dubbed an African tiger, Eth

    pia is one of Africas most populous nati

    with 94 million people (Nigeria has 17

    million).

    It has been celebrated for its modest e

    nomic growth over the last years. But

    average unemployment rate (the numbe

    people actively looking for a job as a perce

    age of the labour force) was stuck at 20

    per cent from 1999 to 2014. The regime

    locates state resources and job opportuni

    to members of the ruling party who are

    ganised in small-scale and micro enterpris

    Pevasive

    epession

    and denial of

    fundamental

    feedoms has led

    to fustation and

    disillusionment...

    YARED HAILEMARIAM

    ETHIOPIAN RESEARCHER

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    noted Horne. The CPJ representative agreed.

    Ethiopian government authorities tend to

    reward their political supporters and ethnic

    relations with lucrative political and business

    positions at the expense of ingenuity in the

    business sector.

    In its 2015 report, the World Bank shared

    this discouraging view. Some 37 million Ethio-

    pians one-third of the countrys population

    are still either poor or vulnerable to falling

    into poverty, the bank said, adding that the

    very poorest in Ethiopia have become even

    poorer over the last decade or so.

    The UN Food and Agricultural Organisa-

    tion (FAO) has estimated that about 29 per

    cent of the population lives below the na-

    tional poverty line. This explains Ethiopias

    rank at 174 out of 187 countries on the UN

    Development Programme (UNDP) Human

    Development Index. The Oakland Institute,

    a US-based non-governmental organisation

    that spotlights land grabs, was recently de-

    nounced by Ethiopian officials for its latest

    report We Say the Land is Not Yours.

    According to the government, the in-

    stitute used unverified and unverifiable

    information.

    In a reply to the Ethiopian Embassy in the

    UK on April 22, the Oakland Institute chal-lenged the governments claim that ongoing

    development was improving life standards

    in the country.

    The institute maintained that the govern-

    ments development endeavours are destroy-

    ing the lives, culture, traditions, and liveli-

    hoods of many indigenous and pastoralist

    populations, further warning that the strat-

    egy was unsustainable and creating a fertile

    breeding ground for conflict.

    Tragic newsMore than half of Ethiopias farmers are cul-

    tivating plots so small as to barely provide

    sustenance. These one hectare or less plots

    are further affected by drought, an ineffec-

    tive and inefficient agricultural marketing

    system and underdeveloped productiontechnologies, says FAO.

    Several studies indicate that this phe-

    nomenon has induced massive rural-urban

    migration. According to Yared Hailemariam,

    state ownership of land has contributed to

    poverty and inequality.

    People dont have full rights over their

    properties, so they lack the motivation to

    invest, he stressed. The ruling regime in-

    sists that land will remain in the hands of the

    state, and selling and buying land is prohib-

    ited in Ethiopia.

    Yared also pointed out that the ruling party

    owns several huge businesses which has cre-

    ated unfair competition in the economy.

    The partys huge conglomerates have

    weakened other public and private busi-

    nesses he told IPS. Only the ruling partys

    political elite and their business cronies are

    benefiting at the expense of the majority of

    the people.

    The tragic news of the massacre in Lib-

    ya came amid news of xenophobic attacks

    against Ethiopian migrants in South Africa

    last week including looting and burning of

    properties. Unknown numbers of Ethiopian

    economic migrants are also trapped in the

    Yemeni conflict, according to state media.

    - IPS

    NEWS INDEPT

    Prime Minister Hailemariam Desalegn. Some 37 million Ethiopians are either poor or vulnerable

    to falling into poverty. AFP

    People (left) protest last week in Addis

    Ababa over the killing of 28 Christian

    migrants by Islamic State militants. Above:

    Ethiopians mourn in Addis Ababa over

    the killing of relatives and friends by the

    militants. AFP

    EU militay mission to tacklesmuggles faces ough seas

    MIGRAT I ON A F P

    Illegal migrants rest after arriving at the Tunisian port city of Zarzis on Saturday. European leaders have

    agreed, at a special crisis summit, to take a series of steps to tackle the migration headache.AFP

    The Mediterraneans worst mi-

    grant shipwreck has spurred the

    EU to plan a military mission

    against people smugglers, but

    it will be hard to implement and

    risks reinforcing the image of an

    uncaring Fortress Europe.

    After more than 700 people

    drowned in last weekends trag-

    edy off the Libyan coast, Euro-

    pean leaders agreed at a special

    crisis summit to take a series of

    steps to tackle the problem.

    But while measures such

    as tripling funding for search

    and rescue missions is simple

    enough, it is the plan to capture

    and destroy the smugglers ves-

    sels before they can be used that

    will cause future headaches.

    If it goes ahead, it would be

    the first time the EU has carried

    out such a military operation.

    Rights groups have already

    criticised the proposal, wi