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2017 Kansas Race Recap
Photo by Sean Gardner/Getty Images
Matt Crafton, driver of the No. 88 Matador/Menards Toyota Tundra made his 17th career start at Kansas Speedway in Friday night's NASCAR Camping World Truck Series (NCWTS) Toyota Tundra 250. Starting second, the two-time Kansas Speedway winner complained of a free Toyota Tundra on entry into Turns 1 and 2 throughout the 167-lap event. Making several big swings on pit road to aid in the handling, Crafton finally reported that his Tundra was "drivable," with 60 laps remaining. Unfortunately, while running inside the top-five, the ThorSport Racing driver would go for a spin on lap 135, bringing out the 11th and final caution of the night. Crafton would make his way down pit road for tires and restart 15th with 21 laps remaining. However, misfortune would continue for the Menards driver. After making his way back inside the top-five, a right rear flat would force the No. 88 machine back down pit road, under green, with less than 10 laps remaining. Crafton would settle for a 16th-place finish behind race winner, Kyle Busch.
"We struggled with free-in, free everywhere tonight. Junior (Carl Joiner, crew chief) made some big swings, but we just never got it right. Track position was everything and the tire was so hard, it was just impossible to feel anything when it stepped out from us. I thought we were going to be able to salvage a decent finish there at the end, but we had a right rear flat, and our night was just over after that. We will regroup and focus on Charlotte next week."Quote:
The NASCAR Camping World Truck Series (NCWTS) had two practice sessions on Thursday afternoon in preparation for Friday night's Toyota Tundra 250. Matt Crafton was fifth and second-quick, respectively, in both practice sessions.
Friday night's Toyota Tundra 250 marked Crafton's 17th career start at the 1.5-mile track. Starting second, Crafton ran as high as first, but finished 16th in the 167-lap even due to a late-race spin and flat right rear tire late in the 167-lap event.
The ThorSport Racing driver earned bonus points in Stages 1 and 2 at Kansas Speedway for finishing inside the top-10.
In 17 starts at Kansas Speedway, Crafton has led 106 laps in route to two wins (2013, 2015), five top-five and eight top-10 finishes.
In four starts in 2017, the Menards driver has led three laps en route to one top-five (Atlanta), and two top-10 finishes.
Crafton's ThorSport Racing teammates finished 11th (Enfinger), 23rd (Rhodes), and 26th (Coughlin).
Up next: The Education Lottery 200 at Charlotte (NC) Motor Speedway on Friday, May 19.


The year 2017 saw a slowdown of economic growth in Kenya as the year was coupled with reduced agricultural activities, tighter credit conditions, political uncertainty and inflation. The project finance market was inevitably affected by these occurrences and many projects stalled as a result of the uncertainties that were being experienced in the country and the economic slump the country faced.
The proposed expansion of the Nairobi-Mombasa Road covering 473 kilometres into a dual carriage-way. The project is expected to commence later this year (2018) and will be undertaken in ten (10) sections. The projected completion date is in six (6) years from the date of commencement. It is jointly funded by the United States Export Credit Agencies, United States Export Import Bank and the Overseas Private Investment Corporation.
Kenya Power and Lighting Company signed a EUR 60m contract for the construction of new power lines and transformers to enable access to electricity in 626,700 homes. This project is jointly funded by the World Bank and the African Development Bank.
The Japanese government also extended a USD 116.7m loan to the Kenyan government for the construction of the Mombasa Port Area Road Development Project. This loan is to be repaid over a period of 30 years while attracting an interest of 1.2%.
The agreement to fund the extension of Olkaria I Geothermal Plant for EUR 72m was also signed in 2017. The project consists of the extension of the existing 140 MW Olkaria I Unit 4&5 geothermal plant with an additional 70 MW turbine. The aim of the project is to help meet the growing electricity demands in the country.
Kenya Ferry Services also signed a USD 57m concession agreement with Trapos Limited for the construction of cable cars across the Likoni channel to enable transport of people across the channel. This project is a public-private partnership and is to be completed two (2) years from the commencement date. The project financing will be 40% equity and 60% debt.
In Kenya, a general financing agreement would be used, either in the form of a loan agreement or facility agreement. Security documentation would differ depending on the type of security a financier has opted to obtain. For example, where the assets of a company include movable assets such as machinery and motor vehicles, the financier would have a charge by way of debenture registrable in the Companies Registry. On the other hand, where the security was to be over immovable property, for example, land and/or buildings, Kenyan law requires that a charge be created over these particular immovable assets and be registered in the Lands Registry. Third-party securities in the form of guarantees would entail the preparation of a separate security document.
Yes. In the case of a company, requisite board resolutions would need to be obtained from the company borrower authorising the creation of the security. A charge document would be prepared, securing the financial obligations of the borrower to the financier. This charge would then be executed by all the parties in the presence of an Advocate. Thereafter, the stamp duty, based on the amount secured, would be paid to the Commissioner of Domestic Taxes. In cases where the charge involves agricultural land, the consent of the relevant land control board would have to be sought and obtained. Further, where the charge involves leasehold property, the consent of the lessor would need to be obtained. Where the charge is over a property belonging to a married individual, the consent of the spouse would be obtained. The charge would thereafter be submitted for registration at the relevant Lands Registry, accompanied by a rates clearance certificate from the relevant county government (confirming that all land rates applicable have been paid in full) and, in the case that the property is leasehold, a rents clearance certificate (confirming that the applicable land rent has been paid on full). Where the charge is created by a company, the charge would also have to be registered in the Companies Registry. In the event that the proposed security is already charged to a financier, the consent of the financier is required. An Inter-lenders Agreement or a Security Sharing Agreement will be required in such circumstances, to govern the relationship between the various lenders.
Security can be taken over receivables. It is the practice in Kenya to either have a charge over the receivables or have a deed of assignment created over such receivables. Financiers are usually advised to place an obligation on the borrower to notify the debtors of such security. The financier will also be required to file an Initial Notice online at the Moveable Properties Securities Registry (MPSR). The requirement for filing under the MPSR is a new development which took place in 2017.
When a customer places a deposit with a bank, the deposit represents a loan made to the bank. The bank is the debtor and the customer is the creditor. It had generally been recognised by legal practitioners that there was no difficulty in a bank taking a charge over a cash deposit held by it. It has generally been accepted that with regard to a fixed deposit, the secured party must take control over the charged accounts and prevent the chargor from withdrawing monies from, or otherwise dealing with, the charged accounts without consent from the chargee.
The bank is also required to file a notice under the MPSR, as noted under question 2.3 above.
However, the legality of a charge over a cash deposit was not accepted in the English case of Re Charge Card Services. This judgment caused a major controversy in legal and banking circles in England. The judge in this case argued that as the deposit represented a debt owed by the bank and grants the right for the depositor to sue the bank for its recovery, the debt cannot be assigned or taken as security, as a debtor – the bank – cannot sue for a debt it owes. The judge stated that it was "conceptually impossible" for a debtor to take a charge over his own debt.
Yes. Shareholders (especially those in private companies) are usually granted share certificates in respect of the shares they own. If a company holds shares in another company and it wishes to offer these shares to a financier as security, a charge may be prepared over these shares and registered in the Companies Registry. It should, however, be noted that a company cannot create security over its own shares. In the case of shares owned by a natural person, it has been the practice in Kenya by most financial institutions to require the borrower to surrender the relevant share certificate to the financial institution. In addition, the borrower is required to execute a blank share transfer form and give the financial institution authorisation to transfer the shares to any person in case of default.
The lender is required to file an Initial Notice under the MPSR concerning the security.
■ Security documents are required to be prepared by an Advocate and legal fees at the rate set out in the Advocates Remuneration Order are applicable. Attestation fees would also be payable to any Advocate witnessing the execution of the security documents.
■ The stamp duty payable is based on the amount secured by the charge or debenture at the rate of 0.1%, which is a fixed rate regardless of the type or sequence of security. For example, the stamp duty payable on a charge, further charge or debenture is the same rate of 0.1% of the principal amount. In the case of a guarantee, the stamp duty payable is the nominal amount of KES 200.
■ Bank charges – KES 100.
■ Lessor's consent (if the relevant property is leasehold) – this varies from lessor to lessor.
■ Land Control Board Consent (if the property is agricultural) – KES 1,000. In addition, the Land Control Act provides that: an allowance of KES 500 inclusive of lunch shall be paid to each unofficial member of a land control board for every meeting which he attends; an allowance of KES 1,300 inclusive of lunch shall be paid to each unofficial member of a provincial land control appeals board for every meeting which he attends; and a mileage allowance at prevailing government rates shall be paid to unofficial members of a land control board.
■ Registration fees at the Lands Registry (if security is over immovable property) – KES 500.
■ Filing fees at the Companies Registry (if the chargor is a company) – KES 600.
Provided that the security documents have been duly executed and consented to (where applicable) and the requisite stamp duty paid and rates and rents clearance certificates obtained, registration of securities at a Lands Registry may take a day, or even much longer. There have, however, been instances where a file relating to a particular property cannot be located, and this usually causes significant delays in the registration process. It should be noted that time varies from registry to registry depending on how busy that particular registry usually is. There have also been instances where different registries are closed by Executive Orders to pave way for urgent developments in various registries. For example, the Lands Registries in Nairobi were closed for two (2) weeks, from 19th March 2018 to 3rd April 2018, to allow digitalisation of its systems. This was done by an Executive Order. It has been our experience that registration at the Companies Registry would take approximately one week.
The Land Control Act requires that the consent of the relevant Land Control Board be obtained in cases where the land is agricultural.
The Matrimonial Property Act prohibits the alienation in any form of matrimonial property during the subsistence of a marriage without the consent of both spouses either by way of sale, gift, lease, mortgage or otherwise.
If the parties involved have an instrument recognising this role, then the provisions in the particular instrument will be binding on the parties, because this would be a contractual matter.
Charges rank according to the order in which they are registered unless so provided in the charge instrument.
(e) sell the charged land.
In the event that a charge opts to appoint a receiver, the chargee shall serve a notice in the prescribed form on the chargor and shall not proceed with the appointment until a period of 30 days, from the date of the service of that notice, has elapsed.
(i) any other persons as may be prescribed by regulations, and shall be posted in a prominent place at, or as near as possible to, the charged land.
A chargee shall, before exercising the right of sale, ensure that a forced sale valuation is undertaken by a valuer. The price at which the charged land is sold should not be 25% or below the market value at which comparable interests in land of the same character and quality are being sold in the open market.
If a chargee or a receiver becomes entitled to exercise the power of sale, that sale may be by private contract at market value or public auction with reserve price. If a sale is to proceed by public auction, it shall be the duty of the chargee to ensure that the sale is publicly advertised in such a manner and form as to bring it to the attention of persons likely to be interested in bidding for the charged land and that the provisions relating to auctions and tenders for land are, as near as may be, followed in respect of that sale.
A chargee exercising the power of sale may, with leave of the court, purchase the property. A court shall not grant leave unless the chargee satisfies the court that a sale of the charged land to the chargee is the most advantageous way of selling the land.
(e) fifth, in payment of any subsequent charges in order of their priority, and the residue, if any, of the money so received shall be paid to the person who, immediately before the sale, was entitled to discharge the charge.
(c) to surrender the charge to the bankruptcy trustee for the general benefit of the creditors and prove in the bankruptcy as an unsecured creditor for the whole debt.
(ii) if the creditor chooses option (b) or (c), to exercise the chosen option within that period.
A creditor who fails to comply with the notice is taken to have surrendered the charge to the bankruptcy trustee under option (c) for the general benefit of the creditors, in which case the creditor may prove as an unsecured creditor for the whole debt.
Further, the Insolvency Act provides that if property of a bankrupt is subject to a security, the bankruptcy trustee may make an application to the court for an order enabling the bankruptcy trustee to dispose of the property as if it were not subject to the security, but only if it is satisfied that the disposal of the property would be likely to provide a better overall outcome for the creditors of the bankrupt.
(a) The expenses of the bankruptcy or liquidation will have first priority.
■ all amounts that are, by any other written law, required to be paid, in accordance with the priority established by this subparagraph, by a buyer to a seller on account of the purchase price of goods.
■ resident withholding tax deducted by the company under the Income Tax.
(d) sell the charged land.
No, there are no other processes of this nature available. To this extent, companies can only enter into private contractual negotiations which may then introduce new payment plans. Under the Insolvency Act of 2015, the law provides for eligibility thresholds for companies that may or may not enter into moratoria under voluntary arrangements for payment of debt. For eligible companies who wish to enter into such arrangements, a procedure is followed.
(ii) a statement of the company's financial position containing such particulars of its creditors and of its debts and other liabilities and of its assets as may be prescribed by the insolvency regulations for the purposes of this section, and such other information as may be so prescribed.
(b) Unless a provisional supervisor has already been appointed in respect of the proposal, appoint as its provisional supervisor an authorised insolvency practitioner who has consented to supervise it.
After preparing the proposal and statement and, if appropriate, making the appointment, the directors shall submit the proposal and statement to the provisional supervisor for consideration and comment.
The directors shall then vote on the proposal.
Such directors are liable to imprisonment if convicted. Courts also have the power to disqualify directors. Under section 218 of the Companies Act, a court shall make a disqualification order against a person if satisfied, on an application made to it, that the person is or has been a director or secretary of a company that has at any time become insolvent, whether while the person was a director or secretary or subsequently and in the circumstances where the conduct of the person as a director or secretary of that company, either taken alone or taken together with the person's conduct as a director or secretary of any other company or companies, makes the person unfit to take part in the management of a company.
No. The government provides the right for foreign and domestic private entities to establish and own business enterprises and engage in all forms of remunerative activity. However, a company whose shareholders are not Kenyan cannot own agricultural land, freehold land or leasehold property whose term exceeds 99 years. There are also restrictions as to foreign shareholding in the banking, insurance and telecommunications industries. In an effort to encourage foreign investment, the government repealed some regulations that imposed little foreign ownership limitation for firms listed on the Nairobi Securities Exchange, allowing such firms now to be 100% foreign-owned, as reported by the UNCTAD World Investment Report 2016. In 2015, the government established regulations requiring that Kenyans own at least 15% of the share capital of derivatives exchanges, through which derivatives such as options and futures can be traded.
When the Companies Act of 2015 came into force, foreign companies seeking registration in Kenya were required under section 975(2)(b) of the Act, to ensure that by the time they are making the application for registration, at least 30% of their shareholding is held by a Kenyan citizen. This 30% local shareholding threshold, however, only applies in respect of branch office registrations in Kenya for telecommunication companies and does not apply to locally incorporated companies which may be 100% foreign-owned. Companies that are 100% fully owned are required to have at least one local representative in the country.
No, there are no such treaties with such protection provisions ratified by Kenya. In the recent past, Kenya has received an improvement in Foreign Direct Investment. Foreign investors seeking to establish a presence in Kenya generally receive the same treatment as local investors, and multinational companies make up a large percentage of Kenya's industrial sector. Through its official bilateral trade promotion agency Ken Invest, Kenya has been viewed favourably by the international trade community. According to the United Nations Conference on Trade and Development (UNCTAD)'s Global Enterprise Registration Network, the Ken Invest site makes Kenya one of only 25 countries to earn a perfect rating on its information portal. Further, before any laws touching on foreign investment are passed, there are substantive reviews and deliberations by stakeholders before any such laws are passed. As there is no bilateral treaty protecting investors from harsh trade restrictions, investors are made to feel secure by Kenya's local arrangements and foreign investment policies. However, Kenya has signed 14 bilateral investment bilateral conventions. This shows the commitment that Kenya has in advancing foreign investment.
There are no laws regarding the nationalisation and expropriation of project companies or assets. The Constitution protects the right to private property, save in the case where such property needs to be compulsorily acquired for the public benefit. Article 5 of the Foreign Investments Protection Act states that investments by investors of a Contracting Party in the territory of another Contracting Party shall not be expropriated, nationalised or subjected to any other measures, direct or indirect, having an effect equivalent to expropriation or nationalisation, except for a purpose which is in the public interest, on a non-discriminatory basis, in accordance with due process of law, and against prompt and full compensation. Any compensation that may need to be made under the Act shall be done at current commercial rates and shall be settled at freely convertible currencies.
The relevant agency is the Kenya Investment Authority, whose role is to assist and facilitate investments in Kenya. Its main functions are to promote investments in Kenya by local and foreign business enterprises, to liaise with the relevant Ministries responsible for approving all new private sector projects and expansion of existing projects, to assist business enterprises in implementing the projects approved by the relevant Ministries and, generally, to assist all business enterprises in overcoming managerial, institutional and bureaucratic problems.
Financing and project documents would need to be stamped in respect of the applicable stamp duty payable. Most mega projects that need project financing usually involve development projects that impact heavily on the community. As such, government agencies involved are usually involved in oversight roles. Since project financing involves a long string of contractual deals, lawyers involved ensure all paperwork involving payment of duties is completed to the end.
In the case of land and/or immovable property, an owner is usually provided with a document of title, and this could either be a Grant, a Certificate of Title, a Title Deed or a Lease. There is a restriction on foreign ownership of freehold land, leases exceeding 99 years and agricultural land. These leases can, however, be renewed with the expiry of the 99-year period.
The Constitution, the Mining Act and the Petroleum (Exploration and Production) Act all provide that natural resources in the form of minerals and petroleum belong to the Government of Kenya. An interested party may obtain a prospecting right or licence from the Government in respect of such natural resources. There are currently no restrictions on foreign ownership of companies intending to undertake such businesses.
To undertake a business in Kenya, the business entity would need to apply for a single business permit in addition to the licences that may be required in the particular economic sector. The Kenya Investment Authority (KIA) will process and grant approvals of new investment, once proposals are submitted on a prescribed application form. Proof of company registration must be attached to the application.
Yes. There are applicable fees which one must pay to obtain a mining licence or a petroleum exploration licence. One must obtain a licence from the relevant authorities in order to be allowed to export extracted minerals or petroleum out of Kenya. There are also royalties that are payable in respect of extracted natural resources. For example, the Mining Regulations provide that "there shall be payable on all diamonds originating in Kenya an ad valorem royalty of fifteen per centum of the gross value thereof as assessed by an approved valuer appointed under the Diamond Industry Protection Regulations".
There is the National Resource Benefit Sharing Bill of 2014 which if passed will establish formulae in which proceeds from exploitation of natural resources shall be shared by the mining companies, national government, county governments and local communities. This role shall be under the scope of the Benefit Sharing Authority.
Kenya does not operate a fixed exchange rate against any foreign currency. Therefore, the exchange rate between the Kenyan Shilling and any other currency is determined by market forces, subject of course to interventions from time to time by the Central Bank of Kenya. The Central Bank of Kenya and the commercial banks usually publish the exchange rates applicable on a day-to-day basis.
Kenya does not have exchange control laws in force since the repeal of the Exchange Control Act in December 1995. However, the Central Bank of Kenya Act (the CBK Act) establishes the Central Bank of Kenya (the CBK). Under the CBK Act, the CBK is empowered to formulate and implement the monetary policy in Kenya.
According to Central Bank Circular No. 12 of 1996 – "Revised Foreign Currency Transaction Guidelines to Authorised Banks", commercial banks were assigned a monitoring role by the CBK and each commercial bank is required to submit returns to CBK on a regular basis. Foreign currency is freely repatriable from Kenya, provided there is written evidence of an underlying business transaction and the respective bank handling the repatriation is satisfied as to the genuineness of the transaction. However, for any amount equivalent to USD 500,000 or more, the CBK has requested that a commercial bank first consult with them as to the amount and purpose of the remittance. This is stated to be for statistical purposes. For any amount below the equivalent of USD 10,000, commercial banks are not required to obtain any documentary evidence to back the transaction, although in certain cases banks will nonetheless seek an explanation.
(c) the principal and interest of any loan specified in the certificate.
No, there is no such restriction.
Yes. The Environmental Management and Co-ordination Act (the EMCA) requires a project proponent to carry out an environmental impact assessment (EIA) study and submit a project report "before financing, commencing, proceeding with, carrying out...or causing to be financed, commenced, proceeded with, carried out..." any undertaking of certain projects, including mining, activities out of character with their surroundings, and major changes in land use.
The EMCA requires the owner of premises or the operator of a project to take all reasonable measures to mitigate any undesirable effects not contemplated in the environmental impact assessment study report, and shall prepare and submit an environmental audit report on those measures to the National Environment Management Authority (NEMA) annually or as NEMA may in writing require. NEMA is established under section 7 of EMCA with the mandate, inter alia, to coordinate and supervise environmental matters and serve as the principal government institution for the implementation of environmental policies.
The EMCA provides that no owner or operator of any trade or industrial undertaking shall discharge any effluents or other pollutants into the environment without an effluent discharge licence issued by NEMA. The EMCA defines "effluent" to mean "gaseous waste, water or liquid or other fluid of domestic, agricultural, trade or industrial origin treated or untreated and discharged directly or indirectly into the aquatic environment".
In line with Sustainable Development Goals No. 13 on climate action, foreign investment companies that set up in Kenya are required to strictly adhere to environment-friendly practices for realisation of sustainable development.
This is governed by the Public Procurement and Disposal Act (which establishes procedures for efficient public procurement and for the disposal of unserviceable, obsolete or surplus stores, assets and equipment by public entities) and the Public Private Partnership Act (which provides for: the participation of the private sector in the financing, construction, development, operation, or maintenance of infrastructure or development projects of the government through concession or other contractual arrangements; and the establishment of the institutions to regulate, monitor and supervise the implementation of project agreements on infrastructure or development projects).
There are no restrictions against insurance policies over project assets provided or guaranteed by foreign insurance companies. There may be VAT implications as the provision of insurance by a foreign company may be deemed to be an imported service.
Such workers would need to apply for and obtain visas (where applicable) and any requisite work permits. Work permits and visas are issued under different classes by the Department of Immigration. The general guiding principle for issuance of work permits by the government is that these should be issued to foreign workers, technicians, engineers or executives only where the tasks cannot be undertaken by qualified Kenyans. Even where the work permits are issued to foreigners, there is a general expectation by the government that there should be knowledge transfer, before the lapse of the work permit.
There are no restrictions on importing project equipment. Applicable customs duty would, however, be payable.
The Import Declaration Fee was recently lowered to 2% from 2.25% of Cost Insurance and Freight.
Goods and services for the construction of infrastructure works in industrial and recreational parks of 100 acres or more in Nairobi, Nakuru, Kisumu, Mombasa and Eldoret are VAT-exempt.
The Customs and Excise Act contains an extensive list of the items attracting import duty. In terms of exceptions, the Customs and Excise Act also contains quite an extensive list of the institutions and persons that enjoy exemptions in respect of various items as indicated in the Act.
Yes. These would have to be set out in the applicable contracts. Force majeure exclusions do not apply to payment obligation.
State officers and public officials are involved in major projects. Chapter 6 of the Constitution of the Republic of Kenya (which is the supreme law of the country) provides for Leadership & Integrity of state officers.
Chapter 6 clearly stipulates that such officers are required to take an oath of office before assuming office and conduct themselves ethically. The Chapter further provides for financial probity of state officers. Any officers found to have been engaged in unethical or corrupt business practices is, under the Constitution, prohibited from holding such offices in the future.
There is also the Leadership & Integrity Act No. 19 of 2012 (the LIA), which is a statute that gives effect to the provisions of Chapter 6 of the Constitution discussed above.
Under the LIA, where there have been investigations and a public officer is found to have committed an offence, a referral may be made for civil or criminal proceedings against the officer and under section 43, the matter may be referred to the Ethics and Anti-Corruption Commission (established under the Ethics and Anti-Corruption Act No. 22 of 2011) or the Attorney-General, for civil matters, the Director of Public Prosecutions, for criminal matters, or any other appropriate authority.
Under section 49 of the LIA, where it is proved that a state officer obtained any property in breach of the Act, the officer shall subject to any appeal, which he/she may make, forfeit the property and the property shall be held by the Commission or an agent appointed by the Commission, in trust for the country, until it is lawfully disposed of. The Commission may also order the state officer to compensate such sum including interest, as may be determined by the Commission as just, having regard to the loss suffered by the government and such order shall be deemed to be a decree under the Civil Procedure Act.
The LIA further creates various offences and penalties. For example, under section 47, "any person who is convicted an offence under this Act, for which no penalty is expressly provided, shall be liable on conviction to a fine not exceeding five hundred thousand shillings (KShs.500,000), or to imprisonment for a term not exceeding three years, or to both".
The Anti-Corruption and Economic Crimes Act provides for the prevention, investigation and punishment of corruption, economic crime and related offences. There are several offences under this Act and each offence attracts a penalty. Penalties range from fines of KES 300,000 to KES 2,000,000, to maximum prison sentences ranging from three years to 10 years.
Government officials are also subject to Public Officer Ethics Act, which regulates the conduct of public officers in the discharge of their duties. The purpose of the Act is to advance the ethics of public officers by providing for a code of conduct and ethics, and requiring financial declaration from certain public officers. Under this Act, where a person is found to have hindered or interfered with others exercising their duties under the Act, they shall be liable under the Act and may be convicted for a fine not exceeding five million shillings (KShs.5,000,000) or to imprisonment for a term not exceeding five (5) years.
Project agreements are typically governed by contract, save in the case where one of the parties is the government, a state corporation or a county government, in which case provisions of statutes such as the Constitution, the Government Contract Act, the State Corporations Act, the County Governments Act, Public Private Partnerships Act and the Public Procurement and Disposal Act would need to be considered.
Financing agreements are typically governed by contract law, banking law and debt finance law.
Contracting parties have the freedom to choose the governing law in respect of their contract. Parties would, however, still have to adhere to the laws of the land in respect of various aspects of their project, including but not limited to land. Land-related agreements, permits and consents, employment, etc. are normally governed by the law of the location of the project.
Yes, it is. To this effect, bold pronouncements were made in the case of Talaso Lepalat v The Embassy of the Federal Republic of Germany & 2 Others.
Yes, it is. Kenya has also enacted the Investment Disputes Convention Act which gives legal sanction to the provisions of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States.
Disputes involving matters that are criminal in nature are not generally arbitrable under local law.
Kenya has had no recent call for political risk protections for companies investing in Kenya. Generally, letters of undertaking and guarantees are the two most common commitments that the government formally issues to guarantee payments. The Public Finance Management Act and the Public Private Partnerships Act, read together with the Constitution of Kenya, recognise guarantees by the government subject to specified conditions prescribed thereunder. The choice as to which one it issues will depend on the circumstances of each case. Although both can be binding in law, there is some doubt over the enforceability of letters of undertaking, especially considering that the Public Finance Management Act is silent on the same, though the Public Private Partnerships Act provides for their issuance, albeit vaguely. A guarantee may, in the context of the present legal framework, be preferable and recommended. Once issued, the Public Finance Management Act provides that no further parliamentary authorisation shall be necessary for payment under a guarantee, and that the same shall be a charge on the consolidated fund. Under the Public Finance Management Act, issuance of a guarantee is the prerogative of the Cabinet Secretary responsible for Finance. Once the guarantee is issued, parliament is required to approve it. As to changes in law, Kenya's Constitution provides that any newly enacted law shall not apply retroactively. To cushion any unfavourable changes in law, there is usually room for extensive deliberations by stakeholders before such a law is passed.
Interest to be paid on loans from foreign lenders for the purposes of investing in the energy or water sectors, or in roads, ports, railways or aerodromes, are exempt from tax.
Further, instruments (including charges, debentures and guarantees) executed with respect to the transactions relating to loans from foreign sources received by investors in the infrastructure (energy, roads, ports, water, railways and aerodromes) development sector, shall be exempted from the provisions of the Stamp Duty Act.
However, for companies not falling in the above bracket, Kenya imposes a withholding tax at the basic rate of 15% per annum. The Income Tax Act prescribes how to compute withholding tax on deemed interest.
Both fiscal and non-fiscal, incentives are available in Kenya. The Kenya Revenue Authority implements the issuance of the fiscal (tax) incentives in collaboration with other regulators and facilitators such as the Capital Market Authority, the Export Processing Zones Authority, among others, as provided under the Income Tax Act, Laws of Kenya.
Equity investors and/or lenders should undertake due diligence investigations on a particular project and/or project company before advancing any funds. The due diligence exercise should cover the legal and financial status of the companies that the investors or lenders would be contracting with.
Further, due diligence should extend to the nature of projects invested in. Each project financing has its own unique structure. For example, many financiers shy away from funding road construction projects because of its high income return risks. Realistically, demand/traffic risk is often unavoidable. Financiers should, as need be, conduct their own traffic projections to be in a good position to assess this risk involved in financing these projects as opposed to relying on traffic projections done by project companies. This balancing of information is crucial in the steering of mega projects.
There are legal impositions on project companies issuing bonds or capital market instruments in Kenya. The local legal and regulatory requirements for the issuance of capital markets instruments are set out in the Capital Markets Act. The Capital Markets Act prohibits any person from carrying on business as a stockbroker, derivatives broker, real estate investment trust (REIT) manager, trustee, dealer, investment adviser, fund manager, investment bank, central depository, authorised securities dealer, authorised depository, or from holding himself out as carrying on such a business unless he holds a valid licence issued under the Capital Markets Act or under the authority of the Capital Markets Act. However, foreign companies can issue bonds even regionally according to part II section 7 of the Capital Markets Securities Public Offers Listing and Disclosures Regulations of 2002.
Istina'a – In Islamic finance, Istina'a is generally a long-term contract whereby a party undertakes to manufacture, build or construct assets, with an obligation from the manufacturer or producer to deliver them to the customer upon completion. This instrument may be used in the manufacturing industry and also in infrastructure projects.
Ijarah – This contract represents a transaction in which a known benefit (usufruct) associated with a specified asset is sold for a payment. In the course of this sale of usufruct, ownership of the asset is not transferred – the bank maintains ownership of the asset. An Ijarah may be used in a construction project where the financier would be involved in the construction of the development, then subsequently lease out the property to the end consumer, with the end consumer's last instalment being used as the amount required to purchase the property.
Wakala – Describes an agency or a delegated authority where a principal appoints the agent to carry out a specific job on behalf of the principal. Wakala agreements are agency agreements where the principal and the agent share in the profit and risk of loss of investment. Any guarantee on minimum return is not Shari'ah-compliant. This can be used where a company acts as the agent for a financier or lender by investing the funds from that financier or lender. The company may choose to invest the funds in different projects, and profits and losses would be shared equally by both parties.
Murabaha – It is often referred to as "cost-plus financing" and frequently appears as a form of trade finance based upon letters of credit. In its simplest form, this contract involves the sale of an item on a deferred basis. This could be used to finance the movable assets that may be used in a project; for example, motor vehicles.
The Constitution is the supreme law of Kenya. Islamic finance products, on the other hand, are to be governed by Shari'ah.
Article 170(5) of the Constitution states that the jurisdiction of a Kadhis' court shall be limited to the determination of questions of Muslim law relating to personal status, marriage, divorce or inheritance in proceedings in which all the parties profess the Muslim religion and submit to the jurisdiction of the Kadhis' courts. As such, the jurisdiction of the Kadhis' court does not extend to contractual relations. The Kadhis' Courts Act further reiterates this point by providing that a Kadhis' court shall have and exercise jurisdiction over the determination of questions of Muslim law relating to personal status, marriage, divorce or inheritance in proceedings in which all the parties profess the Muslim religion.
The Judicature Act provides the sources of law in Kenya which include the Constitution, written laws, the substance of the common law, the doctrines of equity and the statutes of general application in force in England on 12th August 1897, and African customary law. It should be noted that Shari'ah, Islamic or Muslim law is not referred to in the Judicature Act. Therefore, although a contract may be prepared in accordance with Shari'ah, the governing law will be Kenyan, as Kenya does not recognise Shari'ah law as governing contracts in Kenya.
To our knowledge, there have not been any notable cases to date over jurisdictional matters pertaining to Shari'ah law.
Islamic finance prohibits the charging or payment of interest. Consequently, Kenya, in an attempt to regulate Islamic banking operations and products, made slight changes to its Banking Act. Initially, the Banking Act only made reference to "interest". The Banking Act was subsequently amended in 2008 by adding the phrase "or a return in the case of an institution carrying out business in accordance with Islamic law" when referring to interest chargeable on a savings account. It would be interesting to see what Kenyan courts would determine in cases where an interest payment obligation was included in a loan agreement that is meant to be Shari'ah-compliant. In the English case of Dunlop Pneumatic Tyre Co Ltd v New Garages & Motor Co Ltd  AC 79, the court held that, generally, the inclusion of an interest payment obligation in a loan agreement would not affect its validity and/or enforceability unless that interest payment obligation is deemed a penalty offending the rules laid down in that particular case. With the common law doctrine of precedent, this position may have a bearing in future transactions in Kenya if Shari'ah law changes to allow charging or payment of interest.


MORRIS – A hyped West Central Conference volleyball showdown live up to the hype, with Morris Area/Chokio-Alberta falling in five-sets to Sauk Centre 25-20, 17-25, 21-25, 25-18, 8-15.
The Tigers were led by Kenzie Hockel's double-double of 12 kills and 24 digs, Riley Decker had 28 digs, and Bailey Marty added 22. Lexi Pew had 13 kills and Sophia Carlson tallied 11 as the Tigers fall to 7-4. Nicole Kortan led the Streeters with 16 kills and they improve to 13-1.
GRACEVILLE – Clinton-Graceville-Beardsley breezed past Hancock 25-16, 25-10, 25-8 on Tuesday.
Jessica Moberg was 20-20 serving with two aces and 14 digs, Emma Botker had a double-double of 12 kills and 13 digs, Mataiah Turner recorded 10 with two blocks, and Lora Botker had 17 assists as the Wolverines improve to 9-1, the Owls are 0-7.
WHEATON – Wheaton/Herman-Norcross moved to 8-4 on the season with a 25-16, 25-22, 25-22 win over Breckenridge, dropping the Cowgirls to 6-5.
ORTONVILLE – West Central Area snapped a four-match losing streak with a five-set win over Ortonville on Tuesday, 25-22, 25-22, 8-25, 18-25, 16-14.
Kaitlyn Sanstead recorded 30 digs to lead the Knights, Morgan Woodle added 17 with 12 kills, and Hailey Bennett chipped in with 10 kills and 20 assists for the Knights who are 4-6.


So I'm a fairly regular commenter over on YSaC, where they have this meme that reaches way back to the early days of the site that deals with folks on CraigsList selling things with tigers on them and calling them lions. I posted about this same meme back around Christmas time, when I made a stuffed Not. A. Lion. for a swap.
While scouting around on CraigsList, I will periodically search for lions in the hopes that I will spot a NAL, but have not had much luck.
Until earlier this week. That's right, after much stalking of the Intertubez I have bagged my first NAL! It's an orange trash can with a striped top shaped like a kitty's head, probably meant for a kid's room. I immediately sent a link to the Llamanun and Ostrimu, who run YSaC. I hope they see fit to add it to their next round-up of NALs.
Yay! I haven't found any…maybe they're on to us….


text:
← We Have a Language Problem
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No Blues for the Browns in 1944
Posted on August 9, 2018 by Austin Gisriel
The St. Louis Browns, more than any other team in baseball, were affected both negatively and positively by World War II. The Browns are the least successful franchise in major league history, and so in The Boys We Knew, Mr. Morrison, the druggist, jokes with Veronica, in the chapter titled, "April 20, 1943," that "'with the war on, why the Browns might win it one year if the rest of the American League gets drafted.'" Baseball fans will recognize the irony of that statement because the very next year, that is essentially what happened.
By 1944, the powerhouse New York Yankees had already lost to military service Joe DiMaggio, Tommy Henrich, Phil Rizzuto, Joe Gordon, and Charlie Keller, a loss of talent not unusual for most teams. The Browns on the other hand, listed more players—13—on their roster who had been designated 4-F, that is unfit for military service, than any other team. In fact, their entire starting infield was classified 4-F. In addition, two key contributors, outfielder, Chet Laabs and pitcher, Denny Galehouse, worked in defense plants and so were exempt from the draft. Laabs worked during the day, allowing him to play night and on the weekend, while Galehouse pitched on Sundays. Towards the end of the season, their best hitter, Al Zarilla, was inducted into the service, but General Manager Bill DeWitt appealed to the commanding general of the camp to which Zarilla was to report, and the outfielder's induction was delayed until after the World Series.
The Browns collection of cast-offs, older players (16 out of 38 players who appeared in a game for St. Louis that year were 30 or older), and drunks (yes, plural) may have been among the least talented major league ballplayers ever to play the game, but they were at least major league talent and that proved superior to the career minor leaguers, 40-somethings, and teenagers other teams were forced to employ.
Indeed, the Browns swept the depleted Yankees in the season's final series thereby winning their only pennant in their 52 year history. (They finished second only twice.) The Browns faced their cross-town rivals, the St. Louis Cardinals in the Fall Classic, losing to the Redbirds in six games.
Despite capturing the American League pennant, the Browns finished fifth (out of 8 teams) in the American League in attendance that year. This was better than their streak of finishing last in the league in attendance from 1926-1943. And while the Browns/Cardinals World Series matchup on October 9th. drew 31,630 fans, the Junior World Series between the International League champion Baltimore Orioles and the American Association champion Louisville Colonels on that same date drew 52,833 customers in Baltimore. The American League took note of that and 10 years later, the St. Louis Browns moved east to become the Baltimore Orioles.
As unlikely as a St. Louis Browns pennant was, it would have been an impossibility had the plan of owner, Donald Barnes come to fruition. Barnes was all set to move the Browns to Los Angeles for the 1942 season, and apparently he had the blessing of his fellow owners. The vote on the move was scheduled for Monday, December 8, 1941. Pearl Harbor squelched such a dramatic move, of course, and eventually, it was the Brooklyn Dodgers who moved to Los Angeles in 1958.
World War II affected every aspect of American life, and for the St. Louis Browns, it marked both the pinnacle and the beginning of end.
This entry was posted in Baseball in General, World War II and tagged 1944 Junior World Series, 1944 World Series, Al Zarilla, Baltimore Orioles, Browns almost moved to Los Angeles, Chet Laabs, Denny Galehouse, Louisville Colonels, New York Yankees, St. Louis Browns, St. Louis Cardinals, wartime baseball, Yankees who served in WWII. Bookmark the permalink.
RT @PeterDClack: Humans have no say at all in the great forces of nature. One snapshot of 400K years shows the earth to be ice covered and… 1 day ago

redpajama_set_name: RedPajamaCommonCrawl


text:
PURETA
MOLITAS TECHNOLOGY
Other upholstering materials
As indicated by the more than 20-year history, due to the successful implementation of its business philosophy, the company MOLITAS Ltd. has become a significant supplier in the area of polyurethane foams for different market segments, but especially in the area of upholstered furniture production in Central Europe
The company philosophy consists in:
being a long-term and reliable partner for its suppliers and customers
being a partner located close to the production plants of his customers
being a partner providing a stable and proven quality while bringing innovative solutions
most of all being a partner delivering comprehensive system solutions in all key areas of your business
The company is fully aware of its responsibility for environment:
it observes the principles of protecting the environment in order to preserve it for future generations
it takes preventive measures to protect environment from pollution
it disposes of the waste of its own production and production of its customers
it separates and recycles the waste
it cooperates with state and public administration authorities competent in the field of environment protection
The Company appreciates and respects the community environment where it operates and therefore it develops relations with respective municipalities, governments, associations and residents, it promotes cultural events and sports activities, it supports e.g. building of the church in the village. And it also organizes other than working activities for its employees and their families.
+ - Company History Click to collapse
Company MOLITAS Ltd was established by three partners in 1994 in Skalité, a municipality located in the Czech-Polish-Slovak border region. Initially, the company dealt exclusively with trading activities in cooperation with the manufacturing facility of the company British Vita in Poland. In 1996, following the purchase of the first PUR foam cutting machine, the company started changing its character from trading to a manufacturing company.
The company moved to its new premises in the municipality of Raková in 1999. During the following years, the company invested to the building of production halls and office premises. Ten years after the company establishment, its owners decided to open another production factory in the municipality of Veľké Turovce located in the Hungarian-Slovak border region. This huge step together with the company business strategy resulted in gaining importance within the scope of the whole Central Europe. In the same year of 2004,a daughter company was established as ALLTACK, Ltd. – focusing on the offer of upholstery materials and technologies, in particular adhesives, polyester fleece, corrugated springs and non woven materials.
Following the same business strategy resulted in the expansion of the company to the Czech Republic, where the company PURETA Ltd., a traditional Czech manufacturer of PUR foams, started its financial involvement in the company in 2005. Due to this acquisition, the company MOLITAS Ltd confirmed its objective of becoming a Central European supplier, since the manufacturing plant PURETA Ltd is located in the region of the Austrian-Czech-Slovak border. A year later, in 2006, another daughter company MOLITAS CZECH Ltd with a production hall in Jaroměř was established. This subsidiary provides its services to the customers in the Polish and German markets.
By establishing the company MOLITAS TECHNOLOGY Ltd in 2010, the company entered into a new market segment – automotive industry and thus became an indirect supplier of adhesive systems for the VW Group, specifically for the production plants of ŠKODA AUTO. In 2012, a new manufacturing plant PURETA Ltd was opened in Hodonin where the production focuses on semi-products. The purchase of a production hall in 2015 and the construction of the new building in 2016 has meant a significant increase of the MOLITAS Ltd production capacities in the area of Veľké Turovce focusing mainly on the Austrian, Hungarian and Romanian markets.
Office: MOLITAS, Ltd, U Golisa 271, 023 51 Raková, Telephone number: +421 908 947 708, +421 918 957 011, E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it., This email address is being protected from spambots. You need JavaScript enabled to view it.
Production: MOLITAS, Ltd, Veľké Turovce 355, 935 81 Veľké Turovce, Telephone number: +421 915 795 502, E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.


Brown Commercial Group completes 18,947 SF of new transactions | Brown Commercial Group, Inc.
Brown Commercial Group has completed three leases and a sale totaling 18,947 square feet in Chicago's western suburbs to growing end users. The transactions were in Carol Stream, Elgin and Franklin Park, Illinois.
Brian Lindgren, a sales associate with Brown Commercial Group, represented both the buyer and the seller in the sale of two buildings at 953½ and 955 Grace Street in Elgin. The adjacent buildings are 4,495 square feet and 5,032 square feet, respectively. The buyer, Matthew Moraca Properties, a plumbing contractor, is expanding its business from a smaller leased space in Elgin. The seller, Precision Pavement and Marking, Inc., is also expanding into a new build-to-suit space.
Brown Commercial Group senior vice president, Trinity Scurto, represented both building owner, Metro Resource, and tenant, Integrity Tech Group, in the lease of 3,840 square feet at 10915 Franklin Avenue, Unit C, in Franklin Park.
Brown Commercial Group associate, Matt Hanson, represented Prime Carpentry Group, LLC in its lease of 3,600 square feet at 400 E. St. Charles Road in Carol Stream. Brown Commercial Group vice president of sales, Mike Antonelli, represented building ownership, a private investor. In a separate transaction also in Carol Stream, Hanson represented Macro Sales in its lease of 1,980 square feet at 120 Easy Street, Unit 5 while Antonelli represented the building owner, a private investor.


If you've never experienced a Norm McDonald stand up show, now is the time to treat yourself to a unique and hilarious night out. Norm McDonald, who is most remembered for his 4 years at Saturday Night Live, will be coming to Michigan at the Royal Oak Music Theater Friday, September 20th.The event page says tickets for the show go on sale Fri, 22 Feb 2019 at 12:00 p.m.
"After leaving SNL, Norm starred in 2 movies, one being the cult classic "Dirty Work" and also appears in many Adam Sandler films, including his first "Billy Madison", where Norm played Adam's best friend. Norm also starred in 3 television series. In 2015 he was a judge on "Last Comic Standing" as well as portraying Colonel Sanders in an avant-garde series of spots for KFC.
It is still Norm's stand-up which is his pure gift. His 2011 Comedy Special "Me Doing Stand-up" was hailed by The Guardian as one of the best Stand-up Specials of all time and Comedy Central name him in their top 100 comedians of all time. Norm retires all material he has used on specials and guarantees that no two shows will ever be identical. If you know Norm Macdonald, but do not know his stand-up, you do not know him. He is a stand-up comedian who must be seen to be believed."


Description amule doesn't cross compile, the given patch allows to cross compile for embedded linux.
-			ac_cross_zver_max="`echo $ZLIB_VERSION | cut -d. -f1`"
-			ac_cross_zver_mid="`echo $ZLIB_VERSION | cut -d. -f2`"
-			ac_cross_zver_min="`echo $ZLIB_VERSION | cut -d. -f3`"
printf("WARNING: The check for other instances is currently disabled in amuled.\n"
void *bt_array;	// 100 should be enough ?!?
+			// Empty tag - This is NOT an error.
-					// Empty tag - This is NOT an error.
The new zlib.m4 was missing some stuff about cross compiling, the stupid autoconf doesn't even warned about this issue.
Please test it with a current SVN snapshot.


text:
À̲ (minuscule : à̲), appelé A accent grave trait souscrit ou A accent grave souligné, est une lettre latine utilisée dans l'écriture du sekani. Elle n'est pas à confondre avec le À̱, A accent grave macron souscrit.

Utilisation

Usage informatique
Le A accent grave trait souscrit peut être représenté avec les caractères Unicode suivants :
 précomposé et normalisé NFC (supplément latin-1, diacritiques) :

 décomposé et normalisé NFD (latin de base, diacritiques) :

Bibliographie

Voir aussi
 A (lettre)
 Accent grave
 Soulignement
 Trait souscrit

Lettre A diacritée
Lettre latine comportant un accent grave
Lettre latine comportant un trait souscrit

redpajama_set_name: RedPajamaWikipedia


What is your current contract term - start date (DD/MM/YYYY) to end date (DD/MM/YYYY)?
Q1 - Ultimately, cabinet decides on how our energy is bought.
Q2 - In relation to water, we have a rolling contract with Southern Water.
a) We purchase both our electricity and gas through a local authority buying consortium called LASER. Our current contract with them started 01/10 2016 and expires 30/09/2020.
b) There are no options to extend this contract.
c) We would normally expect to give 6 months notice but we are contracted to remain until 30/09/2020.
d) Total Gas & Power for gas supply and NPower for electricity.
e) We are responsible for 168 electricity meters (across the borough) and 4 gas meters (Muriel Matters House, Town Hall, Museum and Crematorium).
f) Our annual spend is approximately £306k made up of £248k for electricity and £58k for gas.
i) We do not use a consultancy to facilitate our energy procurement.
m) One that is helpful and accurate at billing.
n) One that eases the procurement process, obtains a competitive price, can provide solutions for better management of our energy portfolio and provides enthusiastic customer service.


At the Florida Citrus Growers' Institute on April 2, weed scientist Ramdas Kanissery explained how growers can control weeds with a combination of early management, herbicides and steam. His talk was one of several presentations University of Florida Institute of Food and Agricultural Sciences (UF/IFAS) researchers made to an audience of more than 200 citrus growers in Avon Park.
Kanissery said if the weeds are allowed to grow, flower and set seed, "Basically you're creating a big seed bank in the soil that's going to come back to you each and every season." In order to keep weeds from setting seed, he said it is necessary to "do a combination of pre-emergent programs with a post-emergent." He provided the basics of such a program.
The weed scientist also discussed research into steam treatment for weeds. "This is sustainable weed management" with "a less chemical approach," Kanissery said. "Use a non-chemical approach to improve the efficacy of the chemical," he advised. According to Kanissery, combining steam treatment with herbicide can prolong weed control.


Before starting my PhD, I worked 11 years in the Oil and Gas Business. I began my career as a field based Production Engineer and after field training I moved to the Reservoir Engineering Department.
As a Reservoir Engineer I have done Reserves evaluation, well abandonment pressure estimation for field blow down strategy and reservoir management.


Years after running away with her boyfriend in her junior year of high school, Marly Hanson returns to Dreyerville at the request of her daughter, Katie, who has recently been treated for brain cancer. Katie has never met her grandmother, Marly's mother, Winnie. But Marly and Winnie have been estranged for years, and confronting the past for each of them is painful. The homecoming is bittersweet, but revisiting the conflict between them is crucial if Marly and her mother are ever to find the bond they shared before Marly left Dreyerville.
To complicate matters, living next door to Winnie is handsome sheriff and widower Reed Bennett, and his son, Ham, who is close to Katie's age. Ham and Katie become fast friends, while the parents find their attraction to one another going deeper than mere friendship. But Marly's time in Dreyerville is limited and risking her heart isn't something she's willing to do.
As the days slip past, and though she tries to avoid it, Marly and Reed become more deeply involved. Can she risk loving the handsome sheriff and giving up the future she worked so hard to forge for herself and her daughter? Can she make a life in Dreyerville after what happened all those years ago?
Will Marly finally realize that her true destiny and ultimate happiness lies in coming to terms with her past?


In the summer of 2012, Riverview Park Board President, Tom Lowande spearheaded an effort to "take back the park". With several area citizens and businesses donating time, manpower, and funds for the endeavor the park project was completed. The video below details those efforts.
The winner of the picnic table design contest. Visit the park to see all the entries!


text:
News|Human Rights
French police 'abuse' Muslims under emergency laws
Human Rights Watch and Amnesty International report physical and psychological abuse as raids target Muslim minority.
More than 60 people Amnesty interviewed said police used excessive force and harsh measures during raids [Yoan Valat/EPA]
Anealla Safdar
France has carried out abusive and discriminatory raids and house arrests against Muslims under its current state of emergency, traumatising and stigmatising those targeted, including children and the elderly, human rights groups said.
Human Rights Watch (HRW) and Amnesty International published separate research on Wednesday, pointing to cases where excessive force had been used, leading to human rights violations including violence.
Those targeted said the police burst into homes, restaurants, or mosques; broke people's belongings; threw Qurans on the floor; terrified children; and placed restrictions on people's movements so severely that they lost jobs and income, or suffered physically.
Inside Story – How should France deal with aftermath of Paris attacks?
The raids were launched on November 14 in response to attacks in Paris a day earlier that left 130 people dead, and were later claimed by the Islamic State of Syria and the Levant (ISIL) group.
ISIL's claim triggered a backlash – not just in France, but across Europe and elsewhere – as Muslim communities were collectively "punished".
There are between 5.5 million and 6.2 million Muslims in France, or roughly 7.6 percent of the total population – making the group the largest Muslim minority in Europe.
Declared by President Francois Hollande, France's emergency laws approved warrantless searches.
Few results
Both human rights groups said the raids, of which there were at least 3,200, have yielded few results.
According to HRW, while between 350 and 400 people have been placed under house arrest, the counterterrorism unit of the Paris prosecutor's office has opened only five terrorism-related investigations.
Q&A: 'Muslim minorities are first victims of terror'
"France has a responsibility to ensure public safety and try to prevent further attacks, but the police have used their new emergency powers in abusive, discriminatory, and unjustified ways," said Izza Leghtas, Western Europe researcher at HRW, calling for an immediate end to warrantless searches and house arrests.
"This abuse has traumatised families and tarnished reputations, leaving targets feeling like second-class citizens."
More than 60 people Amnesty interviewed said police used excessive force and harsh measures with little or no explanation.
In January, HRW interviewed 18 people who said they had been subjected to abusive searches or placed under house arrest, as well as human rights activists and lawyers working in affected areas.
Terrified and shunned
In one house raid, HRW said, police broke four of a disabled man's teeth before they realised he was not the person they were looking for.
In another case, a single mother's children were transferred to foster care following a raid.
Amnesty cited a case in the country's southeastern region of Rhone-Alpes in which a woman who was subjected to a search subsequently lost her job.
READ MORE: French civil liberties and the spirit of sacrifice
"I was dismissed just because of my supposed connections. They don't have anything to complain about in my work and I have been working with them for 12 years. I've completely lost my bearings," said the woman, who was named only as D.
In another case recorded by Amnesty, police forced open the door of an elderly man with heart problems, causing him to faint. He was later taken to hospital in an ambulance, while his daughters – one of whom is disabled – were handcuffed and screamed at by officers.
"He was so terrified, he cried a lot when we visited him at the hospital the first days," said Nadia, one of the 80-year-old man's daughters.
Many of those interviewed said they were now scared of the police and have been shunned by their neighbours. Some said they were seeking to leave the country out of fear.
Emergency law extension
France's government has said it will ask parliament to renew the state of emergency for another three months.
"But it has not provided compelling evidence that would justify the need to continue these sweeping measures," said HRW.
READ MORE: Activists decry plans to revoke citizenship in France
"In a context of growing Islamophobia, the French government should urgently reach out to Muslims and give them assurances that they are not under suspicion because of their religion or ethnicity," HRW's Leghtas said.
"Freedom, equality and fraternity have been badly damaged in the weeks since the November attacks. France should live by those words and restore their meaning."
Both Amnesty and HRW also took aim at a proposed measure to strip convicted terrorists with dual nationality of citizenship, a controversial bill over which France's Justice Minister, the leftist Christiane Taubira, opposed and recently quit.
According to Le Monde, some 3.3 million people have dual citizenship in France.
"Measures under a state of emergency must respect strict conditions: they must always be limited to what is strictly required by the exigencies of the emergency situation," said the report by Amnesty, which has tracked the implementation of emergency law since it began.
"They [the measures] must never be applied in a discriminatory manner."
Follow Anealla Safdar on Twitter: @anealla
French civil liberties and the 'spirit of sacrifice'
With a state of emergency in place and surveillance increasing, how much will the French accept in the name of security?
Activists decry plans to revoke citizenship in France
Plan to strip dual citizens of French nationality after serving sentences for terrorism feared to open door to racism.
Mass raids after Paris attacks spark civil rights fears
France's three-month emergency laws could see widespread abuse of civil liberties, rights groups warn.


text:
using System;
using System.Collections.Generic;
using System.Linq;
using System.Web.Mvc;
using System.Xml.Linq;
using Orchard.ContentManagement;
using Orchard.Core.Feeds;
using Orchard.Core.Feeds.Models;
using Orchard.Core.Feeds.StandardBuilders;
using Orchard.Projections.Models;
using Orchard.Projections.Services;
using Orchard.Services;
using Orchard.Utility.Extensions;

namespace Orchard.Projections.StandardQueries {
    public class QueryFeedQuery : IFeedQueryProvider, IFeedQuery {
        private readonly IContentManager _contentManager;
        private readonly IProjectionManager _projectionManager;
        private readonly IEnumerable<IHtmlFilter> _htmlFilters;

        public QueryFeedQuery(
            IContentManager contentManager,
            IProjectionManager projectionManager,
            IEnumerable<IHtmlFilter> htmlFilters)
        {
            _contentManager = contentManager;
            _projectionManager = projectionManager;
            _htmlFilters = htmlFilters;
        }

        public FeedQueryMatch Match(FeedContext context) {
            var containerIdValue = context.ValueProvider.GetValue("projection");
            if (containerIdValue == null)
                return null;

            return new FeedQueryMatch { FeedQuery = this, Priority = 0 };
        }

        public void Execute(FeedContext context) {
            var projectionId = context.ValueProvider.GetValue("projection");
            if (projectionId == null)
                return;

            var limitValue = context.ValueProvider.GetValue("limit");
            var limit = 20;
            if (limitValue != null) {
                Int32.TryParse(Convert.ToString(limitValue), out limit);
            }

            var containerId = (int)projectionId.ConvertTo(typeof(int));
            var container = _contentManager.Get<ProjectionPart>(containerId);

            if (container == null) {
                return;
            }

            var inspector = new ItemInspector(container, _contentManager.GetItemMetadata(container), _htmlFilters);
            if (context.Format == "rss") {
                var link = new XElement("link");
                context.Response.Element.SetElementValue("title", inspector.Title);
                context.Response.Element.Add(link);
                context.Response.Element.SetElementValue("description", inspector.Description);

                context.Response.Contextualize(requestContext => {
                    var urlHelper = new UrlHelper(requestContext);
                    var uriBuilder = new UriBuilder(urlHelper.RequestContext.HttpContext.Request.ToRootUrlString()) { Path = urlHelper.RouteUrl(inspector.Link) };
                    link.Add(uriBuilder.Uri.OriginalString);
                });
            }
            else {
                context.Builder.AddProperty(context, null, "title", inspector.Title);
                context.Builder.AddProperty(context, null, "description", inspector.Description);
                context.Response.Contextualize(requestContext => {
                    var urlHelper = new UrlHelper(requestContext);
                    context.Builder.AddProperty(context, null, "link", urlHelper.RouteUrl(inspector.Link));
                });
            }

            var items = _projectionManager.GetContentItems(container.Record.QueryPartRecord.Id, 0, limit).ToList();

            foreach (var item in items) {
                context.Builder.AddItem(context, item);
            }
        }
    }
}

redpajama_set_name: RedPajamaGithub


In this episode we're continuing the conversation with Dr Susan Rodiek, associate professor in the department of architecture at Texas A&M University and faculty fellow at the Center for Health Facilities and Design. You are listening to Part 2 of my 2 part discussion about the importance of access to nature for older adults. You can find Part 1 on iTunes, Google Play, Stitcher, or right here on the website!
In this episode you'll hear specific recommendations for outdoor seating choices, nuances of accessible doors, and we'll talk more about the educational video series she created (Access To Nature: Planning Outdoor Spaces for Aging). I've watched them and have learned so much! If you're interested in purchasing the 3 DVD set, use the code "homeandplace" to be part of the Spring Sale! This DVD series is perfect for gerontologists, senior care facility decision-makers, architects, and interior designers.
After we wrap up our conversation, I'll take over the mic and dig a little deeper into an assessment tool that was mentioned over the course of our interview. The SOS Tool, or the Seniors Outdoor Survey, which is thought to be the only instrument on this topic with psychometric data available.
Be sure to visit the Access To Nature website to try out the SOS Tool for yourself and play some interactive games...build a bench, build a door, placing trees and walking paths!
About the host: Nichole is a universal design and aging-in-place consultant, her work is based in solid research and guided by a deep appreciation for the power of place and importance of personal choice.


Hello, I'm interested in "Mountains 1" Artwork. Could you please confirm its availability and price. Thank you.
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text:
#pragma once

#include <mrpt/maps/CBeaconMap.h>

#include <memory>

#include "CBaseConfig.h"

namespace Ui
{
class CBeaconConfig;
}
class CBeaconConfig : public CBaseConfig
{
   public:
	CBeaconConfig();
	~CBeaconConfig() override = default;

	void updateConfiguration(
		mrpt::maps::TMetricMapInitializer* options) override;
	const QString getName() override;
	TypeOfConfig type() const override;

	void setInsertOpt(
		const mrpt::maps::CBeaconMap::TInsertionOptions& insertOpt =
			mrpt::maps::CBeaconMap::TInsertionOptions());
	void setLikelihoodOpt(
		const mrpt::maps::CBeaconMap::TLikelihoodOptions& likelihoodOpt =
			mrpt::maps::CBeaconMap::TLikelihoodOptions());

   private:
	std::unique_ptr<Ui::CBeaconConfig> m_ui;
};


text:
Home » Literature » Symbolize In The Awakening
Symbolize In The Awakening
In all novels the use of symbols are what make the story feel so real to the reader. A symbol as simple as a bird can mean so much more then what you see. Whereas a symbol as complicated as the sea, can mean so much less then what you thought. It is a person perception that brings them to the true meaning of a specific symbol. Symbols are message within a word that must be analyzed to discover. In The Awakening, Kate Chopin conveys her ideas by using carefully crafted symbols that reflect her characters' thoughts and futures.
Early in the novel, while Edna attempts to escape from society's strong grasp, birds emphasize her entanglement by forecasting her actions and monitor her development by reflecting her feelings. The novel opens with the image of a bird, trapped and unable to communicate: "a green and yellow parrot, which hung in the cage outside the door… could speak a little Spanish, and also a language that nobody understood" (1). Like the bird, Edna feels trapped and believes that society has imprisoned her.
Her marriage to Mr. Pontellier suffocates her and keeps her from being free. At the same time, she remains shut apart from society like the bird in the cage, and different ideas and feelings prevent her from communicating. The only person in society that begins to understand her, Robert, eventually decides that he must remain a member of society instead of staying with her. He says that "you [Edna] were not free; you were Leonce Pontellier's wife" and that "[Robert] was demented, dreaming of wild, impossible things… [such as] men who had set their wives free" (108).
Robert does not want to do something wild and unacceptable to society. In a situation parallel to that of Edna's, the only bird that understands the parrot is the mockingbird (Reisz) that "[is] whistling its fluty notes upon the breeze with maddening persistence" (1). Because the parrot continues to shriek, people move it away from their society: "[Mr. Farvial] insisted upon having the bird removed and consigned to regions of darkness" (23). Society wants to hide the bird in darkness, as it wants to do to Edna, in order to keep the bird from causing problems.
Later, when Mademoiselle Reisz tells Edna that "the bird that would soar above the level plain of tradition and prejudice must have strong wings," she uses birds to forecast Edna's future and evaluate Edna's strength (83). In order to soar like a bird, Edna must be strong, and Mademoiselle Reisz realizes that she is not. Mademoiselle Reisz says, "it is a sad spectacle to see the weaklings bruised, exhausted, fluttering back to earth" (83). This bird symbolizes Edna? s struggle to become the master of her own life as well as her failure to achieve this goal.
Mademoiselle Reisz understands that Edna cannot fight society and uses birds to demonstrate this knowledge. The bird, like Edna, is the only one "who possessed sufficient candor" to tell the truth about society (23). Finally, Edna moves to what she calls her exhausted "pigeon house. " The name that Edna chooses for this house implies the defeat of a bird that, in turn, implies the defeat of Edna. Throughout Edna's life, birds reflect her actions and feelings. All through the book, sleep is an important and reoccurring subject.
Edna often sleeps in order to recover from the stress of her "awakenings. " After her first solo swim she feels the "physical need for sleep [begin] to overtake her; the exuberance which had sustained and exalted her spirit left her helpless and yielding to the conditions which crowded her in" (34). She needs sleep to repair her disheveled emotions after her aesthetic and physical awakenings. Without sleep, Edna is physically and mentally unable to realize her ambitions. Another symbolic example of Edna sleeping occurs at the Church of Our Lady of Lourdes in Cheniere Caminada.
There, Edna is overcome by her emotions during service. She realizes that she is going against society? s rules. She is taken to "Madam Antoine? s [where Edna] can rest" (38). This period of rest is vital to restore her power and self-confidence. This symbolizes the fairly tale aspect of her sleep. Chopin relates Edna to the Sleeping Beauty who has awoken to a new world with a new perception of her surroundings. She now feels as though she has a new look on life and a new purpose. Throughout the story the ocean represented Edna's constant struggle for self-realization and independence.
The sea speaks to Edna? s soul. The touch of the sea is sensuous, enfolding the body in its soft, close embrace (25). In the novel, the ocean symbolizes Edna's "awakening" to a life filled with freedom and independence. On a hot summer evening Robert and Edna go bathing. Although Edna does not wish to go and initially declines his offer, something inside is compelling her to go down to the water. It is there in the seductive ocean that Edna's awakening begins. A certain light was beginning to dawn dimly within her? he] was beginning to realize her position in the universe as a human being and to recognize her relations as an individual to the world within and about her (25).
That warm ocean environment is in direct contrast to the responsibilities and rules of the cold, hard city. And it is there in that relaxed and forgiving atmosphere that Edna can explore her new found freedoms. While relaxing on the beach with Mrs. Ratignolle, the sight of the endless ocean brings back memories from Edna's childhood. A strong connection to the ocean links her present experience to her childhood.
This rebirth takes her back to a time of innocence and curiosity that allows her to explore life through new eyes. Edna is filled with swelling emotions and reveals "Sometimes I feel this summer as if I were walking through the green meadow again. Idly, aimlessly, unthinking, and unguided" (30). Edna's recollection of this event allows her to more clearly recognize her internal turmoil. The link between Edna's awakening and the ocean becomes even clearer when after several attempts she finally learns to swim.
The first time she ventures out into the ocean alone is the first step toward her independence. She panics when she realizes how far she has gone alone and fears drowning. This incident represents Edna gaining control over her body and becoming more aware of her full potential. The ocean helps her recognize that her body is her own and she awakens to her physical, mental, and emotional capabilities. "But that night she was like the little tottering, stumbling, clutching child, who of a sudden realizes its powers, and walks for the first time alone, boldly and with overconfidence. " (47).
Edna's sudden terror in the middle of the ocean signifies that she may not be able to venture out as far as she wants to and may have to turn back. "She wanted to swim far out, where no woman had swum before? A quick vision of death smote her soul, and for a second of time appalled and enfeebled her senses" (48). The Sea is causing a mixture of pride, fear, and uncertainty inside of her. Robert leaving Edna, opens Edna's eyes to the fact that she is still not entirely her own person. Mr. Pontellier and society still have control over many of Edna's decisions and much of her life.
When Edna decides to claim her life she is asserting that her life is hers to have and to destroy. She wants to prove to everyone including herself that she is her own person and can choose her own fate. It is now that the ocean plays the biggest part in Edna's awakening. "The voice of the sea is seductive, never ceasing, whispering, clamoring, murmuring, inviting the soul to wander in abysses of solitude" (189). Edna swims out into the depths of the ocean, naked, returning to the innocence of her childhood. " She felt like some new-born creature" (189).
As Edna swims on to her freedom, "She did not look back? but went on and on, thinking of the bluegrass meadow? believing that it had no beginning and no end" (190). It is there in the ocean that she first realizes her physical, mental, and emotional potential. It is only natural that the water, which has seduced her with its sound reclaims her. Edna Pontellier has always abided by social expectations and lived for everyone but herself. In order for her to gain her independence and escape from her trapped state in society she must put all that she has ever known behind her.
This last scene symbolizes Edna giving up her life for her freedom. She goes back to where she first got some independence(the sea) and breaks through the cage that held her prison and dies, living solely for herself. Though see lost her life she finally got out of the world see dreaded living in so much. Without symbols a story would be a group of words placed in a sequential, yet pointless order. There would be no such thing of reading for pleasure, for the fact our minds would feel useless without symbols.
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Kate Chopin's: The Awakening
Edna Pontelliers Struggle for Freedom in The Awakening by Kate Chopin
Symbolism in Kate Chopin's The Awakening
The Awakening by Kate Chopin: The Struggle to Be a Women
Kate Chopin, of The Awakening
The Awakening Essay Examples
Awakening Essay Examples
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