I noticed that problem but (old age creeping in) can't remember just now what the fix was (well, it's morning and I haven't had any coffee yet; maybe things will clear up later on). But I've got them working now (see http://zukakakina.com/Andreas09. For 1.10, I've added the fullscreen mode code and will use Site Identity more for the page top.
I also realized there were some div details differences between my files and those of the *litecss files that are the model for these themes (due to luci updating, I guess) (http://sourceforge.net/projects/litecsslitecss, demo). So I've brought them into sync and did the 1.10 updating in header.tpl and tiki.tpl (still haven't figured out how to get the center column to widen when the side columns are turned off, tho). As I recall, I noticed the menu problem but didn't set out to fix it at the time, but later after other changes had been made, they were working so I guess it came as a by product of something else.
As you can see from the Zukakakina page, the themes aren't updated 100% yet, but maybe I should start putting beta versions at this site to download either to use or as examples. I was planning to do that when 1.10beta is released, but I thought (naively) that was coming soon.
I've attached the Andreas09 header.tpl, tiki.tpl and andreas09.css. Fluid Index uses the same tpl files IIRC and you can get its css file from zukakakina.com/styles/fluidindex.css. No guarantees on the outcome with these, but they should give some ideas on the 1.10 approach.
(These files work OK for browsers other than IE. For IE6/7 there special css files, which aren't done yet.)