Charity Ngilu: First woman prsidential candidate in Kenya and sub saharan Africa

In Kenya’s new government, Minister of Health Charity Ngilu is regarded as a powerful player and a role model for a younger generation of female politicians.

In 1992, she surprised many people when she rose from obscurity to unseat former Cabinet Minister George Ndotto as member of Parliament for the Kitui Central district. In Parliament, she continued to make waves, especially when she struck out at the vice-ridden Moi regime, telling reporters, “You cannot touch or take anybody to court over corruption when you yourself are corrupt.”

When Ngilu announced in 1997 that she intended to run for Kenya’s presidency, excitement rippled across the country. As the first woman presidential candidate in sub-Saharan Africa, Ngilu was a trailblazer on a continent known for its corrupt “Big Men.”

Though she became fourth and didn’t win the top job in 1997, Ngilu left her mark on the political landscape. In 2002, when opponents of President Daniel arap Moi joined forces as the National Rainbow Coalition (NARC), she became known as “Mama Rainbow.” Quick to recognize her contributions to the party after he won the presidency, NARC leader Mwai Kibaki made her one of the key members of his first Cabinet.

However,as the chairperson of NARC she was later  left stranded after the Liberal Democratic Party left the coalition after the defeat of the Government-sponsored draft constitution, while most of the remaining NARC members founded the new Narc-Kenya party, though NARC is still officially the ruling party. She has been viewed as a flip flopper who could not decide whether she was in the government between 2003 and 2007 or against the government.

On July 31, 2007, Ngilu took Ann Njogu, a protester, to a hospital after Njogu had allegedly been beaten by police. Ngilu was then accused of helping Njogu escape the police, and she was arrested on August 2 before being released on bail. She reported to the headquarters of the Criminal Investigations Department on August 3 as she was ordered, but would not leave her car, saying that she should either be charged or released. Later on the same day the Nairobi High Court ruled that Ngilu's arrest was illegal, and she was allowed to leave. According to Ngilu's lawyer, she was not aiding an escape and Njogu was returned to the police by the hospital a day after she was taken there.

On October 5, 2007, Ngilu announced her support for the Orange Democratic Movement and its presidential candidate, Raila Odinga, in the December 2007 general election; she has compared Odinga to Nelson Mandela. She initially said that she was remaining in the government, despite backing Kibaki's main rival. However, her dismissal from the government by Kibaki was announced on October 6.

Ngilu was re-elected to her seat from Kitui Central in the December 2007 parliamentary election. Kibaki won the presidential election according to official results, but this was disputed by the ODM, and a violent crisis developed. The crisis was eventually resolved with a power-sharing agreement, and in the grand coalition Cabinet named on April 13, 2008 and sworn in on April 17, Ngilu was appointed as Minister of Water and Irrigation.

Charity Kaluki Ngilu was born in Mbooni, Makueni District in 1952. She was educated at Alliance Girls High School, then worked as a secretary for Central Bank of Kenya, before becoming an entrepreneur. She acted as a director of a plastics extrusion factory. is a Kenyan politician. She was the ninth of 13 children born to poor parents in rural Kenya, and before entering public life worked as a secretary, a bank manager, and an entrepreneur, opening businesses as diverse as a bakery and a plastics factory. She also became a wife and mother of three.Her husband passed on in 2006 while undergoing treatment in South Africa.

Click the link below to watch Ngilu's video clip

http://www.youtube.com/watch?v=ahrte8YXL_A

ReferenceWikipedia.com

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Orie rogo manduli: First woman to head an NGO and compete in world circuit safari rally

 Orie Rogo Manduli first came to the public limelight while in high school after was crowned Miss Kenya at an early age of 16. In 1974 she became the very first black African woman in Kenya to compete in the world circuit Safari Rally. Moreover, she is the first woman to head the Kenya Non Governmental Organization council (NGO council). Orie Rogo Manduli, a strong willed Kenyan woman famously known for showcasing ‘original’ African attire with matching headgear that attracts attention wherever she goes.

In Manduli’s telling, the headgear, which looks like a worthwhile load is like tying a bow; but with a pinch of versatility. It does not even take her five minutes to have the rose petal semblance on her head.  She seeks attention in her bright montage on – in her own words – her perfect African figure, bold makeup and accessory accompanied with a power husky voice. But what began as an experiment almost two decades ago is what has turned out to be a personal brand for Manduli. “I turned to the headgear as an act of rebellion,” says Manduli. It all started one day when she was invited to a wedding. Tired of seeing women looking ridiculous in the name of fashion in borrowed Western cultures, she wrapped a headscarf, just to prove a point; African culture is too rich to be confined in a box. “I am a proud and beautiful African woman and my headgear is a reflection of how an African woman should dress.”

Manduli’s imagination is as wild as her nature. Her style is always consistent, polished and with a touch of ‘nyadhi’ style. She borrows largely from the environment, from the colour contrast to how the flowers bud and bloom. On a good day when her mood is busting, her headgear will go as high as two meters and styled to match with her different clothes. Each day she spots a different design. “Repeating a headgear is unthinkable,” she says adding it would bore her stiff.

For Manduli, speaking her mind is second to nature. It is probably this very reason that has driven her to great heights, fighting battles – many women would shy away from – but still maintain her femininity. In the political circles, her name stands out for controversy sometimes being regarded a political activist or a rebel without a cause.

She has contested in sometimes grueling elections where she has been called names, beaten or her property destroyed. During the 2007 Kenya general elections, she was physically assaulted after a heated argument at her party’s function. In a separate incidence, she refused to step down as the chairperson of the NGO council despite numerous calls for her to resign. She barricaded herself in the council’s offices and ‘rightfully’ refused to resign.

Her first marriage, which she describes as rocky, ended in bitter divorce and completely changed her perception on marriage. “I was still very young. I received no financial assistance from him [ex-husband] and had to toil day and night to take care of my family.” According to Manduli, the proposed marriage bill that seeks to have rich women compensate poor husbands, after divorce or separation, is a big sham. “I will not let my daughters marry without prenuptial agreements,” she says adding that lazy men will take advantage of hardworking women. “Men cannot be trusted to take care of the children after a woman passed on due to their polygamous nature.” She got three daughters from her first marriage.

Armed with lessons well learnt from her first marriage, she later got married to Misheck Norman Manduli a descendant of the Lunda dynasty, one of Zambia’s royal families. Her second marriage seemed demanding, but she loved every moment. Can you picture Ms. Manduli being submissive, like a good wife is expected? To take this further, down on her knees, serving a steamy meal she cooked to a man? Well, this was her new life. “You don’t give anything to the older generation, especially the men while standing. I had to get down on my knees and it is considered rude to show your back to them,” she says. “You retract while facing them on your knees until you are out of their presence.” She got one son from her second marriage which, unfortunately, ended on a sad note. Her husband passed on in 2003 and Manduli has remained single ever since.

She tries to fill the void left her late husband through reading books – particularly biographies and autobiographies. To her, this is the best way to keep up to date, speak and write well. “That is how I get my brilliance,” she says. After a days’ long work, soft music pacifies her. “I like my music mellow and seductive, it must not dominate like is it case with the boom boom generation.” You can catch her swaying her hips to rhumba and salsa – in six inch stiletto heels. She uses dance as a way to tone her muscles.

She describes buying shoes with matching handbags and jewelry as her guilty pleasure. You would be right to liken her to Philippine First Lady Imelda Marcos, for the rows of shoes she owns. Every morning, she struggles to find a shoe that pleases her. She makes her own jewelry from dried fruits, ponds, bones beads. But it’s her signature headgear that completes her look; without, it is as good as to a bride without makeup on her wedding day.

Click the link below to watch her interview with citizen tv

www.youtube.com/watch?v=tUazwOHF9RQ

Source:http://teyie.com/

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KENYA'S FIRST TEST TUBE BABIES

Kenya's first ever test tube babies - both girls - were born on 8May 2006. And like all babies everywhere, each greeted the world with a lusty cry, followed by a yawn and a sleepy smile.
Their proud parents were said to be "overjoyed and delighted" by the births, which took place by Caesarian section, and went without a hitch.
One of the little girls weighed in at a bouncing 3.2 kilos while the other tipped the scales at 2.5 kilos.
Neither has yet been named but suggestions have included Joy, after the wife of the doctor who made it all possible, Joshua Noreh.
The new mothers first read about the local availability of the test tube process in the Daily Nation's Horizon magazine and that encouraged them to undergo the lengthy and complex treatment that has finally brought them so much happiness.
Both babies were born at around 11am at the private Avenue Hospital in Parklands, Nairobi, to mothers under Dr Noreh's care.
The births were supervised by a team of four specialist doctors and support staff and they revealed that a further seven test tube Kenyan babies are on the way.
's successful births came 28 years after the birth of the world's first test tube baby - Louise Brown, at Oldham, in the United Kingdom - and are the first to follow IVF treatment to Kenyan women carried out entirely in this country.
Other Kenyan women have had test tube babies after IVF treatment in Uganda and South Africa, for example.
The brand new parents were so anxious to have a family that they paid more than Sh300,000 each for the in vitro fertilisation procedure offered by Dr Noreh at his clinic in the city's Afya Centre.
The IVF programme involves taking an egg directly from an ovary of the mother-to-be, and fertilising it with sperm of the father in a special glass dish.
Dr Noreh looks through an ICSI machine that is used to inject a sperm into an egg.
Mother's womb
The fertilised human egg is then collected in a test tube where it is allowed to develop into an embryo, which takes around three days.
Next the embryo is implanted in the mother's womb, allowing for a normal gestation period of nine months followed by the birth.
The husband of one of the mothers, who had been waiting anxiously outside the operating theatre, told Dr Noreh: "I am ready to give you anything you ask for.
His wife, who said she wished at this stage to be known only as Jane - not her real name - and speaking moments before delivery, said they had waited for this moment for the last 10 years.
"This is the moment I have always waited for and for the first time in my life, I feel a great sense of relief and hope," she said, wiping a tear from her eyes.
And after the baby's safe delivery, Dr Noreh commented: "By these deliveries, it's opening future treatment of infertile couples and also indicates we can do it locally."
Dr Noreh's wife, Joy, who is a nurse at the clinic, added: "These women trusted that we can do something for them and we thank God for that. Even for those who did not conceive, they are part of this victory."
On the eve of the birth, Jane, who is aged 35, said she was very nervous, but the urge to deliver had been with her since she was three weeks' pregnant.
"I am just waiting for tomorrow to hold my baby," she said then. "That is all I want and what is on my mind now."
And she added: "This is going to be my longest night and I will force some sleep."
Jane went for treatment after failing to conceive and seeing a series of doctors who gave conflicting reasons for her problem.

Source:http://www.propertykenya.com/

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OLDEST STUDENT IN KENYA

Kimani Ng'ang'a Maruge (1920 - August 14, 2009) holds the Guinness World Record for being the oldest person to start primary school—he enrolled in the first grade on January 12th 2004, aged 84.Although he had no papers to prove his age, Maruge believed he was born in 1920.

School time

Maruge attended Kapkenduiywo Primary School in Eldoret, Kenya; he said that the government's announcement of universal and free elementary education in 2003 prompted him to enroll.In 2005 Maruge, who was a model student, was elected head boy of his school.In September 2005, Maruge boarded a plane for the first time in his life, and headed to New York City to address the United Nations Millennium Development Summit on the importance of free primary education.^[

Robbery

Maruge's property was stolen during the 2007-2008 post-election violence, and he contemplated quitting school. During early 2008 he lived in a refugee camp, where he was reportedly a minor celebrity, four kilometers from his school, but still attended classes every day.In June 2008, he relocated to the capital Nairobi.In June 2008, Maruge was forced to withdraw from school and relocate to a retirement home for senior citizens. However, soon after, on June 10, 2008, Maruge enrolled once again into grade 6 at the Marura primary school, located in the Kariobangi area of Nairobi.

Film

A feature film about Kimani Maruge, starring Oliver Litondo and Naomie Harris titled The First Grader, was released on May 13, 2011. The British-produced film was shot on location in the Rift Valley in Kenya, despite earlier reports that it would be filmed in South Africa.Director Justin Chadwick said: "We could have shot it in South Africa, but Kenya has this unbelievable, inexplicable energy - inherent in the children, and the people we were making the film about".

Baptism

On Sunday May 24, 2009, Maruge was baptised at Holy Trinity Catholic Church in Kariobangi and took a Christian name, Stephen.Maruge was then using a wheelchair.Maruge was a widower, and a great-grandfather (two of his 30 grandchildren attend the same school). He was a combatant in the Mau Mau Uprising against the British colonizers in the 1950s.

Death

Maruge died on August 14, 2009 of stomach cancer, at the Cheshire Home for the Aged in Nairobi.He was buried at his farm in Subukia.

Click the link below to watch a video clip of Kimani Maruge

http://www.youtube.com/watch?v=NYWnq4p2OBY&feature=related

Sources:http://www.wikipedia.com/

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First woman Senior Superintendent of Prisons.

The Honorable Phoebe Asiyo—UN Goodwill Ambassador, former parliamentarian and CEDPA alumna—is one of the most influential and respected women in Kenya. Born on the shores of Lake Victoria in 1935, conventional wisdom was that she would follow in the footsteps of most women and girls in her community and not seek a career outside of taking care of the household and raising the children.

“Mama” Asiyo, as she is affectionately called, had other plans. She was one of the few girls to attend the Gendia Primary School in Karachuonyo, and had big plans for herself.

“We were not taught mathematics or English—that was for the breadwinners, the men,” she recalled. In those days, girls’ education consisted of home economics and farming skills. Not constrained by what was offered to her, Mama Asiyo began taking correspondence courses, “to prove I could do better than the boys.” She began her career as a teacher and later became Kenya’s first woman Senior Superintendent of Prisons.

Mama Asiyo went to Embu Teacher Training College where she studied to become a teacher. Her teaching career was brief; she considered it a stepping stone for the future path she would blaze for herself and other women. From teaching, Mama Asiyo went on to work in prison services.
The prison system in Kenya, like almost all sectors in the country, was a male-dominated. Mama Asiyo rose through the ranks to become the Senior Superintendent in charge of women’s prisons in 1964. In this capacity, she managed to establish separate prisons for women across Kenya.
After six years, Mama Asiyo left the prison system and became the director of a nonprofit organization to give more to her community.
At that time however, there were very few women leaders in Kenya, so there were few mentors for her. Mama Asiyo made her way with a lot of passion, but she says she lacked the training and practical skills that would enable her to better channel her leadership abilities.
In 1978, Mama Asiyo attended on CEDPA’s very first Women in Management workshops. She says the program helped her align her passions with her abilities and helped illuminate her future path.
“CEDPA played an important role in my decision to make a bid for a parliamentary seat,” said Mama Asiyo.
In 1979, she made the decision to run for national office in Kenya, and she beat the powerful incumbent by a mere 2,000 votes. When he contested the results, the election was held again, and the result was that Mama Asiyo’s margin was even larger.

The Honorable Asiyo held the seat for two five-year terms, at the time being the only woman ever to serve for so long in Kenya. As a Minister of Parliament, she worked hard on a broad agenda, but always kept women’s rights and their full political participation at the top of her agenda.

Mama Asiyo’s political activism didn’t end with her leaving parliament. She currently is chairperson of the Caucus for Women’s Leadership, formerly the Kenya Women’s Political Caucus, which works to empower and train potential women candidates for political office.

Last year, in recognition of her many contributions to her country, Mama Asiyo was presented with one of the highest honors in Kenya. She was elevated to the status of an Elder, a traditional title that comes with it great prestige. Once again, Mama Asiyo made history for women, becoming the first woman ever to be given this honor in Kenya.

She continues her advocacy in Kenya and internationally, and pursues every opportunity to advance the lives of women and girls in her country.

“Everyone has a dream of what they would like to be in the future, including our girls. If we don’t provide the mechanism to make these dreams come true, then we have failed as a country,” she says.

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First woman bank manager in Kenya.

Mary Okelo is a former director of the International Center for Research on Women [1] and sister to Kenya’s Vice President Moody Awori.

In 1977 she was is "Kenya’s first woman bank manager of Barclays Bank". "Later she broke the barriers of male dominance in the banking industry, ascending to become the first woman bank manager in Kenya. And there she relentlessly forged the way for the bank to start offering loans to women. She was among founders of the Kenya Women Finance Trust (KWFT) in 1992, becoming their first chairperson."

"In the field of education, she has pioneered the creation of one of the most successful chain of private schools in East and Central Africa with over 1000 pupils — the Makini Schools, which has topped the Kenya Certificate of Primary Education performance countrywide more than once and twice produced Kenya’s top girl student...

"She would later organise a tripartite programme between Women’s World Banking (WWB), Barclays Bank and KWFT.

"Her work with WWB saw her set up affiliates in Gambia, Senegal, Uganda, Zambia and Zimbabwe. She later held the position of senior adviser to the President of the African Development Bank in Abidjan, Cote d’Ivoire.

"She is also recognised internationally for her service as the Vice President of WWB in New York between 1990 and 1992. She has served on several committees, including the World Bank’s External Gender Consultative Group (EGCG) and women’s credit organisations across Africa. In 1993 she received the International Woman of the Year Award in recognition of her services to finance

Below is an interview from the standard http://www.standardmedia.co.ke/InsidePage.php?id=2000045369&cid=620

I began my career at the Ministry of Foreign Affairs in 1967. I harboured the dream of becoming an ambassador, but let go of that dream as soon as I began working at the ministry.

Six months later, I left to join Barclays Bank. I rose through the ranks and in 1977, I became the first woman bank manager in the country.

In those days, it was very difficult for women to access credit as they were required to have the approval of their husbands among several other bottlenecks. We operated under the archaic Napoleonic law where women, children and lunatics were put in the same category.

Women had no contractual rights, yet they played a big role in nation building. They could not even be promoted to managerial positions. Most women those days were clerks, cashiers, sweepers and tea girls.

To counter this, some female colleagues and I began the Barclays Bank Women’s Association to mentor young women into successful banking careers. We challenged and inspired young women not to accept the status quo or be content with subordinate jobs.

Access to credit

We encouraged each other to work hard for managerial positions, study for professional exams and, most important, to believe in our capabilities and talents.

During the first UN meeting in Mexico, it emerged that women were underdeveloped due to lack of access to credit and capital facilities. In 1979, Women’s World Banking (WWB) was conceived.

This was a milestone for women in banking because it opened doors to many other organisations that would empower women and promote their economic growth.

In Kenya, we saw the need to start a like-minded organisation so in 1982, we invited other like-minded women and started the Kenya Women Finance Trust (KWFT).

I became its first chairperson and my then boss at Barclays Bank, TD Myles, supported my efforts to see the organisation grow. Today, I am proud of Dr Jeniffer Riria, the current Chief Executive Officer of KWFT who has worked hard to see the organisation become the largest micro-finance institution in the country.

It was a difficult road but we had to fight for the rightful position of women as far as banking and access to credit and capital was concerned. We encouraged women across the country to save their money and borrow loans to start and grow their businesses. Slowly but surely, women became more empowered and today women run huge business.

Changing laws

I left Barclays Bank in 1985 to be the regional representative and first African representative to the Women’s World Banking. My job was to sensitise and inspire women across the continent to be economically empowered and independent. I was also involved in lobbying African governments to change rules and regulations discriminatory to women.

Two years later, in 1987, WWB seconded me to the Africa Development Bank as a senior advisor to the bank’s president. My area of concentration was focused on women development and the private sector.

I worked as the president’s senior advisor until 1990 when I was appointed the vice president of the Women’s World Banking based in New York.

As vice president of WWB, my job entailed a lot of travelling and I literally lived off a suitcase. I covered all the 52 African countries to lobby African governments and financial institutions to remove rules and regulations that were discriminatory against women. I also inspired women taking the initiative to be financially independent and economically empowered.

I was instrumental in setting up affiliates of WWB in African countries such as Zambia, Uganda and Zimbabwe. After a while, I felt homesick. Being away from my husband and children was not easy to deal with. In 1992, I decided to take a sabbatical and while on the break, I decided to leave the banking career altogether.

My family is everything to me

I met my late husband, Dr Pius Okelo, in 1968 in London While studying for my post graduate diploma in professional banking.

He was studying at the Imperial College of Science and Technology, University of London, where he earned a doctorate in Electrical Engineering. He was the second Kenyan PhD holder in Electrical Engineering.

We got married in London and got three wonderful children; Joseph Okelo (he has a Masters in Strategic Management), Lawrence Okelo (he has a Masters in Mechanical Engineering) and Clare Niala (a doctor). Plus their spouses (Patricia, Christine and Alistair), in total, I have six children and six grandchildren.

My family is everything to me. We have stuck together through thick and thin. I thank God that they are good and supportive children.

I lost my husband in November 2004 through a road accident. Life without him has been challenging, but I have found strength in Jesus Christ.

Secure childhood

I have come to take God more seriously than ever and I have since embarked on a spiritual journey. I have seen God’s faithfulness in many ways as I lean on His promises and trust Him completely.

I have a strong Christian background and all through my life, I learnt to put God before everything I did.

I was born in Busia, near the border of Kenya and Uganda to Cannon Jeremiah Musungu Awori and Mariamu Awori.

I was the 14th born among 16 children. We were a close-knit family. Our parents applied a fine blend of love, care and strict-military-like discipline. They led us to God and taught us to respect and love God in everything we do.

I had a very happy and secure childhood and I enjoyed the company of my sibling as we went to school together at the local mission school in Nambale.

I attended Butere Girls for my O-levels.

I was among the first 13 girls admitted to start A-levels in the country at Alliance Girls High School. Other girls included Lady Justice Effie Owuor, Prof Florida Karani, Elizabeth Wanjiru (of Mother-in-Law) and the late Elizabeth Masiga (the first woman chief inspector of schools) among others.

Alliance Girls contributed to moulding me into what I am today and I fondly recall our headmistress, Miss Mary Bruce, inspiring us to succeed.

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·        collecting or storing User information for commercial or unlawful purposes;

·        modifying, adapting, hacking or otherwise manipulating any part of the RecordSetter sites;

·        modifying, adapting, hacking or otherwise manipulating any part of another website so as to falsely imply that it is associated with RecordSetter or to otherwise disguise the origin of the information delivered;

·        interfering with, disrupting, or otherwise creating an undue burden on the RecordSetter servers or connected networks, or disobeying any requirements, procedures, policies, or regulations of connected networks;

·        circumventing, modifying, or otherwise interfering with any security technology or software that is part of the RecordSetter sites;

·        uploading, posting, or otherwise transmitting software worms, bots, viruses, or any other code of a destructive nature;

·        using the RecordSetter sites in any manner, intentionally or unintentionally, that violates these Terms of Use or any applicable laws or regulations;

·        using the RecordSetter sites in any manner that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities; and

·        allowing another person to use the RecordSetter sites in any manner that violates these Terms of Use.

While RecordSetter prohibits inappropriate conduct and Content on the site, you understand and agree that RecordSetter cannot be responsible for other User's conduct or the Content posted on the RecordSetter sites and you may be exposed to such inappropriate conduct or Content when you visit the RecordSetter sites.

8. RIGHTS IN USER CONTENT

Kenya RecordSetter claims no ownership over any Content posted by Kenya RecordSetter Users ("User Content"). That said, RecordSetter cannot and will not be able to return any materials you send it, including, but not limited to, materials you send in support of your Record. The author retains all ownership rights in User Content, including, but not limited to, any intellectual property rights you may have, and the author is responsible for protecting those rights, but is not entitled to RecordSetter's help in protecting such User Content. However, when you upload, post, or otherwise transmit any User Content to RecordSetter, you grant RecordSetter, solely in consideration of the possibility of publicity and professional credit, an irrevocable, perpetual, non-exclusive, transferable, fully-paid, royalty-free, worldwide, and fully sublicensable license to use, copy, publish, distribute, transmit, transfer, modify, edit, create derivative works of, publicly perform, and publicly display in whatever media, now known or hereafter created, and at RecordSetter's sole discretion, such User Content for any purpose RecordSetter sees fit. Further, you agree that all moral rights in relation to any Content submitted to RecordSetter are waived, such that, without limitation, RecordSetter has no obligation to identify you as the author or creator of any such Content and you will have no right to object to the manner in which RecordSetter treats that Content.

By uploading, posting, or otherwise transmitting any User Content, you represent and warrant that (1) you have all necessary written consents, releases, or permissions to grant the foregoing licenses to Kenya RecordSetter; (2) you have all necessary written consents, releases, or permissions of each and every identifiable individual person in the User Content to use the name or likeness of that person in the manner contemplated by RecordSetter and these Terms of Use; and (3) the uploading, posting, or otherwise transmitting your User Content on or through RecordSetter does not violate the legal rights of any person or entity, including, but not limited to, privacy rights, publicity rights, copyrights, trademark rights, or contract rights. WITHOUT LIMITATION TO THE PROVISIONS OF SECTION 15, BELOW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS RECORDSETTER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ANY CLAIM, ADMINISTRATIVE PROCEEDING, DEMAND, DAMAGE, OBLIGATION, LOSS, COST, DEBT, LIABILITY, OR EXPENSE, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR BREACH OF THE FOREGOING REPRESENTATION AND WARRANTY, OR RECORDSETTER'S USE, COPYING, PUBLISHING, DISTRIBUTION, TRANSMISSION, TRANSFERENCE, CREATION OF DERIVATIVE WORKS OF, PUBLIC PERFORMANCE, OR PUBLIC DISPLAY (IN WHATEVER MEDIA, AT OUR SOLE DISCRETION) OF ANY USER CONTENT SUBMITTED BY YOU.

9. COPYRIGHT

RecordSetter undertakes to obey all relevant copyright laws. If you believe your copyrighted material appears on the RecordSetter site without your permission, please send us in writing:

·         A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

·        Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

·        Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit RecordSetter to locate the material;

·        Information reasonably sufficient to permit RecordSetter to contact you, such as an address, telephone number, and, if available, an e-mail address;

·        A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

·        A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

After receiving a claim of infringement, Kenya RecordSetter will process and investigate the claims. Upon receipt of notices that comply or substantially comply with the relevant laws,Kenya RecordSetter will act expeditiously to remove or disable access to any Content alleged to be infringing. Kenya RecordSetter will take reasonable steps to promptly notify the User that it has removed or disabled access to the User's Content.

If you believe your removed Content is not infringing, or that you have the legal authorization to post and use the removed Content, you may provide us with a counter notification by sending the following information in writing:

·        Your physical or electronic signature;

·        Identification of the Content that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

·        A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

·        Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which RecordSetter may be found, and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.

Upon receipt of a proper counter notification RecordSetter will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification. Additionally, RecordSetter will inform that person that it will replace the removed material and cease disabling access to it in 10-14 business days following receipt of the counter notice, unless RecordSetter's Copyright Agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on RecordSetter.

10. USER DISPUTES

You are solely responsible for your interactions with other Users. RecordSetter has no obligation to become involved in any dispute between you and other Users (a "User Dispute"). However, RecordSetter reserves the right to become involved in any User Dispute at RecordSetter's sole discretion.

If you do become involved in a User Dispute, to the fullest extent permitted by applicable law, you release RecordSetter and its officers, directors, employees, and agents from any and all claims, administrative proceedings, demands, damages, obligations, losses, costs, debts, liabilities, and expenses, including, but not limited to, reasonable attorneys' fees, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the User Dispute.

11. PRIVACY

Your use of Kenya RecordSetter is governed by our Privacy Policy, which is incorporated into these Terms of Use by this reference. By using or accessing RecordSetter, you agree that you have read, understand, and agree to be bound by our Privacy Policy. 

12. Links

The Kenya RecordSetter sites may contain links to third-party websites that are not owned or controlled by RecordSetter. RecordSetter cannot control and assumes no liability or responsibility for the availability, content, or practices of third-party websites. RecordSetter's Terms of Use and Privacy Policy are applicable only when you are on the RecordSetter sites. As such, we encourage you to read the policies of any third-party websites that you visit when you leave the RecordSetter sites.

13. DISCLAIMER OF WARRANTIES

YOUR USE OF KENYA RECORDSETTER IS AT YOUR SOLE RISK. RECORDSETTER IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, RECORDSETTER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY AND RELIABILITY OF USER CONTENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RECORDSETTER MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, DELAY-FREE, SECURE, OR ERROR-FREE. RECORDSETTER IS NOT RESPONSIBLE FOR ANY DAMAGE DUE TO TECHNICAL PROBLEMS OR MALFUNCTION, INCLUDING, BUT NOT LIMITED TO, ANY INJURY OR DAMAGE TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM USE OF THE RECORDSETTER SITES OR DOWNLOADING MATERIALS IN CONNECTION WITH THE USE OF THE RECORDSETTER SITES.

 UNDER NO CIRCUMSTANCES SHALL KENYA RECORDSETTER BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM THE USE OF THE RECORDSETTER SITES OR CONDUCT OCCURRING IN CONNECTION WITH THE USE OF THE RECORDSETTER SITES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OR DAMAGE IN CONNECTION WITH AN ATTEMPT TO CREATE A WORLD RECORD.

NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER, OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY TYPE BETWEEN RECORDSETTER AND ANY OTHER PARTY. THESE TERMS OF USE ARE BETWEEN RECORDSETTER AND YOU AND THEY DO NOT, NOR SHALL THEY BE DEEMED TO, EXTEND RIGHTS TO ANY THIRD PARTY.

14. LIABILITY LIMITATIONS

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RECORDSETTER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF RECORDSETTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROMDAMAGES, RESULTING FROM

·        THE USE OR INABILITY TO USE THE SERVICE;

·        ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;

·        PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE AND ACCESS TO, OR IN CONNECTION WITH YOUR USE OR ACCESS TO, OUR WEBSITE;

·        ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR PERSONAL INFORMATION;

·        STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERANY OTHER MATTER RELATING TO THE SERVICE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF RECORDSETTER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100.

15. INDEMNITY

You agree to indemnify, defend, and hold harmless KENYA RECORDSETTER and its officers, directors, employees, and agents, from and against any and all claims, administrative proceedings, demands, damages, obligations, losses, costs, debts, liabilities, and expenses, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising from:

·        Your use and access to, or in connection with your use or access to, the RECORDSETTER sites;

·        Your violation of any terms of these Terms of Use;

·        Your violation of any third party's right, including, but not limited to, any copyright or privacy right; and/or

·        Any claim that your User Content caused damage to the third party.

16. JURISDICTION AND DISPUTES

You understand and agree that the Kenya RecordSetter sites shall be deemed solely based inKenya . The Kenya RecordSetter sites shall be deemed passive websites that do not give rise to personal jurisdiction over Kenya RecordSetter either specific or general, in jurisdictions other thanKenya, nor shall use of or access to the RecordSetter sites be construed as the purposeful availment of the benefits or privilege of doing business in any state other than Kenya by RecordSetter. than NewYou understand and agree that, except to the extent applicable law, if any, provides otherwise, any claim or cause of action arising out of the use of or access to the RecordSetter sites or these Terms of Use shall be governed by the substantive laws of Kenya without respect to its conflict of laws principles. You further understand and agree not to bring claims or causes of action on a representative, class member basis, or as a private attorney general.

17. WAIVER AND SEVERABILITY OF TERMS

The failure of Kenya RecordSetter to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of these Terms of Use to be invalid, the court should give effect to the parties' intentions as reflected in the provision, and all other provisions of these Terms of Use remain in full force and effect.

18. VIOLATIONS OF TERMS OF USE

Please report any suspected violations of these Terms of Use to Kenyarecordsetters@gmail.com 

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