SPECIAL REPORT The PROCEEDINGS OF DEBATE ON AMMENDMENTS TO PARTIES — Pages 13-14 & 19-20 SUPPLEMENT Enhancing governance for all THE PARTNERSHIP FOR PEACE Link PROJECT FUNDED BY THE EU JULY 2012 Issue No. 093 Kshs 40/= — Pages 15 - 18 Acquisition of illegal guns raising security concerns With the elections OTHER fast approaching, the state must move STORIES speedily to confiscate INSIDE these lethal weapons Gender rule By HENRY OWINO presents a hurdle HERE are over 870 million Small for Parliament Arms and Light Weapons (SALW) Tin circulation across the world to- —Pg. 4 day with 75 per cent being held in wrong hands. In Kenya, it is estimated that about 600,000 How safe are you as illicit arms are in circulation with majority being concentrated in North Eastern region as well as a journalist? in major urban centres such Nairobi and Mom- —Pg. 8 basa where they have been used to fan criminal activities. The damning revelations are contained in a report compiled jointly by the Kenya National State rolls out plans Focal Point on Small Arms (KNFP) and the Ge- neva based, Small Arms Survey (SAS) in 2011. to combat climate The revelations came as the world observed a change one week of action against small arms and light weapons marked in June each year to highlight —Pg. 21 and sensitize the public about the gangers of SALW. This year’s week ran from 11th -17th June under the theme: “Say No to Illicit Arms; Say Grinding poverty Yes to Arms Trade Treaty.” robbing Kenyan According to Ambassador Ochieng Adala who is the acting Executive Director of the Af- youth of their rica Peace Forum, the weapons mainly com- prise of assault rifles, handguns and ammunition youthfulness —Pg. 23 8 Turn to Page 2, Col. 1 Confiscated illegal fire arms being destroyed. Photo/File Kibunjia promises Raila warns against mutilating the Constitution stern action against hate speech By FAITH MUIRURI was overwhelmingly passed by majority of Currently some of the enacted legisla- Kenyans. tions are subject to litigation. According mongers —Pg. 27 AS the country prepares to mark two years And although President Kibaki has re- to the Commission on the Implementation after the promulgation of the Constitution, fused to assent to the Statute Law (Miscel- of the Constitution (CIC), the passing of the political class is on the spotlight for laneous Amendments) bill, the public is the Contingencies Fund Act and National East African region trying to circumvent the Constitution in disenchanted and majority feel that their col- Government Act, negated the constitution order to suit their selfish interests. lective resolve to push for reforms through and thus is subject to litigation. wary about The lawmakers have displayed an un- the constitution has been compromised. Further, the passing of the Statute acceptable degree of impunity by passing The implementation process has been Law Miscellaneous (Amendment) bill in anti-malaria controversial amendments to the Political mired in controversy with MPs attempting parliament raises pertinent issues on the Parties Act and the Elections Act, in com- to sneak in issues which serve their inter- drug resistance plete disregard of the constitution which ests. (see excerpts from the Hansard Report) 8 Turn to Page 2, Col. 1 —Back Page The Link, July 2012 2 GOVERNANCE

From page 1 manufactured by nearly 1000 firms, spread in about 100 countries across the world. Acquisition of illegal guns He stated that small arms have been estimated in excess of USD 6 billion and the figure is much higher when illegal trade is included. Adala however, admitted that the actual as- sessment is difficult due to the reluc- tance by many states to report pub- raising security concerns licly on their production, exports and post-election violence (PEV) caused attacks by the group and warnings of victims of gun violence in mosques Kituku explained under the pro- imports of small arms. by a dispute in the presidential elec- further retaliations. This consolidates and churches. This year’s week of ac- posed treaty, states shall be required “A critical hindrance in any effort tion. We are preparing for yet another Kenya’s vulnerability to the infiltra- tion came as the world prepared for ne- to enact national legislations and to analyze illegal activities concerning general election without resolving tion of small arms, a situation that gotiations on Arm Trade Treaty (ATT) introduce strict regulations cover- SALW is that many important export- some of the major issues that ignited has a direct correlation to the level of in New York in the United States of ing among others; international arms ers of small arms are not necessarily the PEV,” cautioned Nyang’aya. crimes especially in urban centres. America starting this month. transfers, brokering, manufacture un- major producers of the weapons. This Nyang’aya observed that while The Kenya Action Network on The signing of the Arms Trade der foreign license as well as technol- leads to a situation where, a substan- some reforms highlighted under the Small Arms (KANSA) and the Global Treaty is the beginning of the culmi- ogy transfer .He hoped that specific tial number of small arms enter the Agenda 4 of the National Accord are Week of Action against small arms is nation of a long and rigorous process measures contained in the treaty will illicit market through corruption, sei- underway, such as the Judiciary, Elec- an initiative of civil society organiza- initiated in 2009 by the UN General help to control the movement of ille- zure and loss,” Adala regretted. toral and Constitutional reforms, other tions to draw the world’s attention to Assembly resolution titled: “Towards gal weapons and reduce the suffering Kenya’s Country Director Justus critical ones including historical injus- the human suffering caused by the an arms trade treaty; establishing com- of millions of people, especially in Nyang’aya, said that in the recent past, tices, land reforms, youth unemploy- proliferation of illicit small arms and mon international standards for the Africa. the country had witnessed a dramatic ment, corruption and impunity remain light weapons. The KANSA was es- import, export and transfer of con- KANSA recommended that gov- surge in security threats that have the unresolved. tablished in 2001 and serves as the ventional arms.” Lt. Col. (Rtd) Jaw ernment put in place national mecha- potential to compromise the national Other setbacks include the in- national umbrella civil society organi- Kituku, Director of Security Research nisms to counter the threat of small security in particular as well as that of tense political competition, polari- zation’s network whose mission is to and Information Centre in Kenya said arms and light weapons in order to the sub-region. For instance, he stated zation, ethnic mobilization and the coordinate and spearhead initiatives the treaty seeks to prevent, combat and guarantee the national security. The today more than ever before, Kenyans politics surrounding the ongoing ICC and programmes designated to com- eradicate the illicit transfer, illicit pro- organization also urged the govern- live in perpetual fear of terrorist at- process against senior politicians bat the proliferation of illicit and mis- duction and illicit brokering of conven- ment to act in concert with the adop- tacks .Nyang’aya added that there is which has provided a fertile ground use of small arms and light weapons tional organized crime and terrorism. tion of a legally-binding arms trade a spike in urban crime which includes for hate speech and incitement by in Kenya. Kituku added that the treaty also treaty in July in New York. organized crime and seemingly un- vote-seeking politicians. With recent KANSA is the local chapter of the seeks to contribute to international and KANSA also demanded that the ending armed inter-communal con- government warnings on the revival International Action Network on small regional peace, security and stability government puts in place measures flicts over access and control of di- of armed gangs and the courting of arms (IANSA), the global civil soci- by preventing international transfers to protect its citizenry from the illegal minishing resources such as water and similar groupings such as the coast- ety movement that works closely with of arms that violates the international SALW. They suggested that this will pasture as well as disputes over terri- based Mombasa Republican Council relevant government departments and humanitarian law, the UN Security be achieved through accountability torial control and integrity especially (MRC) by politicians, some watchdog agencies, including the Kenya Nation- Council resolutions and arms embar- and monitoring of illegal SALW entry in pastoralist areas. organizations are worried over pos- al Focal Point on small arms (KNFP) goes and other international obliga- points and having punitive legislation “In most of these cases, the princi- sible illegal arming by certain groups in the office of the president to combat tions against armed conflict, the dis- that deter potential arms dealers and pal weapons of choice are manifestly and communities. illegal SAWL in the country. placement of people, organized crime users. They appealed to the media to illegally held firearms. The Kenyan The situation has been compli- During the one week of action, and terrorist acts thereby undermining keep highlighting issues of small arms situation is even more critical when cated by Kenya’s entry into the war KANSA undertook a series of activi- peace, reconciliation, safety, stability and light weapons since none is im- one takes into account that the country against Al Shaabab in the neighbour- ties that included a media engagement, and sustainable social and economic mune to the deadly weapons of terror is still smarting from the 2007/2008 ing Somalia and the resultant grenade community forum and prayers for the development. and destruction. PM warns against mutilating the Constitution From page 1 this was the only way to avoid the tional nature arising from parlia- ugly scenes witnessed during the mentary proceedings,” he advised. constitutionality of the proposed last polls. He said that the implementa- changes which would have seen The PM also called on leaders tion process has been marred by a MPs undermine public interest to respect the constitution as this series of challenges among them and shield themselves from party was the only way they can ques- the inability by key actors to agree hopping. tion Kenyans if they fail to elect on the constitutional provisions re- It is now increasingly becom- leaders who fail to meet the integ- lating to the process. ing clear that the MPs cannot be rity test as spelt out in Chapter Six “ The most popular challenge is trusted to safeguard the aspira- of the Constitution. the seemingly consistent difficult tions of the Constitution especially The PM spoke as the chair- by the CIC to arrive at a common where they have vested interests. man of the Commission on the understanding with the office of Prime Minister Raila Odinga Implementation of the Constitu- the AG on the legislative process has in fact called for a critical re- tion (CIC) Charles Nyachae urged contemplated in Article 261 and in view of all laws that have been all players in the implementa- particular which laws if initiated passed to ensure that they com- tion process to work together in either by the executive or a private ply with the letter and spirit of the a harmonious, consultative and members bill would fall outside constitution. transparent manner. “The adoption the apex of provisions of 261,” he “Laws that are not compliant of this approach will help avoid explained. with the constitution are as good disagreements and increase pub- He said that this is an issue as no laws at all. We have to probe lic confidence in the process,” he which if not addressed conclu- whether constitutionalism and re- added. sively will continue to pose a se- spect for the rule of law is getting He accused Parliament of rious challenge to the process and entrenched or subverted and short overstepping its mandate by in- indeed certainly impede the imple- changed as we implement the PM Raila Odinga troducing changes that seek to mentation of the constitution. Constitution,” he cautions. undermine the Constitution and He expressed the need to em- The PM says that unless we in- We are also aware that the vested “Let us not forget what gave us challenged Kenyans guard against ploy an inclusive approach during culcate the culture of constitution- interests who want to retain the the final impetus and courage and forces out to scuttle the implemen- the development of legislations alism in respective legislations, status quo have crippled attempts made majority accept that indeed tation process. noting that the administrative then the struggle for a new con- by many countries to make a tran- we needed a new constitution. Let “Parliament is an important procedure of the implementation stitutional dispensation will have sition to democracy,” he explains us not forget that it is the institu- organ of the constitution but it process continues to lag behind been in vain and its promulgation during a round table meeting on tional failure; a failed electoral is precisely that, an organ of the with the legislative process. an exercise in futility that gives the implementation of the Consti- system, a failed judiciary, a failed constitution. By definition there- However, CIC has been engag- Kenyans a false sense of glory and tution. police force and a failure of the fore and in line with Article 2 of ing government ministries, depart- achievement. He notes that the culture of cre- state in 2007/2008 that woke us the Constitution, Parliament like ment and agencies to correct the “It is generally agreed that ating good laws, then undermining up from self imposed slumber and all other Constitutional organs is anomaly. the absence of constitutionalism, them at every turn had become en- made us confront our imminent subordinate to the Constitution of “CIC has nonetheless had to combined with an appetite for im- trenched in the country where ma- collapse,” he adds. Kenya 2010. It is thus important audit laws that have been enact- punity manifested in a determina- jority still wallow in misery while He challenged Kenyans to rise that Kenyans in cognisance with ed by parliament and concluded tion not to obey rules, has been re- the ruling elite continue to enjoy and defend the constitution and Article 3 of the Constitution to sponsible for Kenya’s tribulations. themselves in luxurious lifestyles. ensure its full implementation as challenge any issues of constitu- Turn to Page 3 The Link, July 2012 EDUCATION 3

Raila warns MRC intensifies against Safaricom to equip calls for justice mutilating the By BEKADZO TONDO FAMILIES that were forcefully Constitution ejected by the government from varsity’s hi-tech lab 220 acres of land at Kanamai in From Page 2 Kilifi, more than 30 years ago, have resurfaced to reclaim their but which contain provisions that land. largely violate the latter and spirit The 49 families have invaded of the constitution,” he regret- the land amidst mounting pres- ted adding that CIC has shared sure by the outlawed Mombasa this concern with the executive Republican Council (MRC) to in particular with state law office push for resolution of historical with the request that such laws be injustices, including demands to amended to comply with the con- secede Coastal region from the stitution. rest of the country. “But where the executive is The council has received unable to agree with CIC on this support from the local people, or in any event is unwilling to act including politicians who have as recommended, CIC has sought challenged the government to lift judicial intervention to determine the ban imposed on the group. The families said though the the particular matter. land belonged to their ancestors, He pointed out that implement- officers from the provincial ad- ing a transformative supreme law ministration and police officers such as the constitution of the in Kilifi district evicted them and Kenya 2010 was never going to be burnt down their houses. an easy task. However two families who Other distinct challenges re- are said to have resisted the evic- late to the need to have a common tion managed to get a portion understanding amongst all the ac- of the disputed land where they tors in the implementation proc- have settled to date. ess of their respective roles and to According to the squatters’ achieve the mode of working that spokesman Mr. Dennis Shera, mutually acknowledges and re- after the successful eviction, the spects these roles. government allocated the land to “The process has been chal- an Arab whom they identified as Mr. Bedi omar. lenged by such lack of common Masinde Muliro University of Science and Technology, Kakamega. understanding. For instance when “The families were residing parliament was debating the Stat- on the piece of land located a By TITUS MAERO ness General Manager M/s Syl- institution has been developed few kilometers from the Mom- ute Miscellaneous (Amendment) via Mulinge, the V-C noted that and aims at guiding the institu- bill, CIC wrote to the Speaker basa-Malindi highway, when the MOBILE phone service pro- the demand for university edu- tion in the adoption of ICT. government forcefully removed of the National Assembly giving vider Safaricom is exploring cation has resulted into expan- The administrator said the in- the squatters in 1975,” said Mr. opinion on the constitutionality of ways through which they can sion of infrastructure. stitution will align its programs Shera some amendments introduced on partner with the Masinde Mu- “The university has opened to the government’s Sessional Documents at the Ministry of the floor of the house during the liro University of Science and satellite campuses to accom- Paper No. 1 of 2005 which lays Lands reveal that the Arab later debate and requesting the speaker Technology (MMUST) to equip modate the large number of emphasis on training of ICT sold the piece of land to an In- to draw constitutional conscience the institution with the requisite students enrolled both as part and E-learning model under the dian by the name V.J Patel who in the context of the then emerging physical infrastructure needed time and fully sponsored stu- New Partnership for Africa De- also disposed the land to the cur- debate . However, this provoked for the Science and Technology dents. However, the institution rent owner Mr. Francis Mutura. uproar from parliamentarians both velopment (NEPAD) initiative. Department. lacks requisite infrastructure to “We have a science labora- The squatters’ spokesman in and outside Parliament who ac- The MMUST Vice Chancel- enable students study well and said the residents decided to in- cused CIC of seeking to supervise tory that houses video confer- vade the land after one of them lor Prof. Barasa Wangila said compete with others in various encing rooms that is yet to be parliament. the institution must have enough public and private universities,” was arrested when he went to The Attorney General Prof furnished. The University plans plough part of the land. facilities to effectively run sci- he added. to take the road of Corporate Githu Muigai said that the con- ence oriented programmes and The scholar further said that A spot check by The Link stitution is the largest single pillar Social Responsibility with other established that the squatters keep abreast with the changing the institution would strive to organizations ,” he added. on which Kenyans are building a technological needs. are coming back in droves and provide relevant curricula to the On her part M/s Mulinge said have started cultivating the land stable, prosperous and equitable Wangila pointed out that the increasing number of students nation. that technology was making a and have vowed not to leave. increasing number of students adding that the high enrolment difference in the world today Police officers who attempted He however said that differ- enrolling at the institution had figures must be in tandem with ences of opinion will continue to saying Safaricom was connect- to eject them were repulsed by overstretched its physical fa- the physical facilities which are irate squatters who stood their emerge and will range from meth- ing people and that it was mak- cilities including laboratories currently inadequate at the insti- ing a difference in institutions. gun and told them that they will ods, strategy, tactics and priority for research as science oriented tution. never get out of the land as it be- but called for tolerance adding that “We have an initiative to partner programmes had become mar- Wangila said the national and work together at providing longed to their ancestors. the ongoing debate should not be ketable. Information Communication “This land belongs to our used to create despondency in the connectivity with other campus- Speaking in his office after Technology (ICT) Strategy for es,” She noted. forefathers’ and we refuse to be country. he received the Safaricom Busi- Education and Training at the intimidated anymore,” said Mr. Shera. Pastor Joseph Ondiek of Soly Harvest church at Kanamai who claimed to be the caretaker School plans to honour freedom fighter employed the farm owner, de- By PETER MUTUKU ence. town where he came from,” adds population of about 700. clined to comment on the issue Mutua adds that the hero should the school’s Principal Mr. Michael He attributes the growth to and instead referred the press to A PROVINCIAL school in Macha- the directors of a company that kos County, which has been named receive equal treatment accorded to Mutua. hard work and planning which has other freedom fighters like Dedan The Principal says that school seen the school upgraded from a owned the land as he is just an after a freedom fighter, plans to employee. honour the hero in a unique way. Kimathi. has benefited from the government community school to a provincial The school head girl Abigael ICT project and will strive to equip school. The OCS of Kijipwa police The Muindi Mbingu Secondary station Mr. D.A Kipsugut told school plans to designate an area Mumbua says the Government students with computer skills to The school started in 1989 with should consider supporting the enable them compete effectively a population of 42 students and 4 The Link that he had nothing to within the school to plant trees in say as he had been instructed by honour of the hero, who the local school in honour of the hero. in the job market. The principal teachers. This school was opened in The school which has a popu- adds that the school has in the re- honor of a brave leader known as his seniors to remove the squat- community feel has not received ters. the right recognition accorded to lation of over 700 students is set cent past registered remarkable Samuel Muindi Mbingu. “I have no information con- other heroes by the government. to plant two trees per student as a improvement in the national ex- Samuel Muindi Mbingu was cerning this problem as I have The school captain Titus Mathe- symbol of respect and honor to the aminations and intends to raise its born in 1893 and went to school at just been instructed by my sen- ka says that the Government should hero. profile within the county. Kabete Technical Training School. iors to come and remove the have done something to acknowl- “We are also appealing to the He says that the school’s pop- After form four he joined the Ken- squatters from the land,” said edge the role played by the hero government to honour the hero by ulation has also grown from an ya Power and Lighting Company Mr. Kipsugut. during the struggle for independ- erecting a monument in Machakos initial 180 students to the current (KPLC) and later the police force. The Link, July 2012 4 EDUCATION Gender rule presents a hurdle for Parliament ENYAN women still need to limiting their choice of candidate. got used to the idea of 80 new constit- has a natural tendency to produce leg- fight hard to realize their po- COMMENT Jill says that women elected under uencies? If they insisted on keeping islatures that reflect the make-up of litical rights. And although the the quota system are also unable to 290 constituencies, and having extra the country – because the parties want K to appeal to all sectors in their choice political landscape has for many years build long-term credibility as effective seats for women would the electorate been typified by low proportion of By FAITH MUIRURI representatives, because of rotation. buy it? Already 349 MPs seems a lot,” of candidates. This idea has a lot to female representation, there have are Charles Ouma, a principal lec- she notes. recommend it, including removing or no clear mechanisms to ensure equal we are likely to go to the elections turer at the Kenya School of Law says She argues that it might be neces- reducing the burden of constituency representation. without a clear roadmap on how to over 20 countries in Africa have ei- sary to have a body of about 400 based boundary redrawing – but it does not Constitutional provisions notwith- realize the gender rule. ther legislated quotas or political par- on the assumption that 10percent of guarantee the two-thirds rule. She standing, most proposals on how to This she says spells doom to the ties have voluntarily adopted them to women can be elected to constituen- says that the system however ends up realize the two thirds gender princi- Kenyan tax payer who will have to increase women representation and cies, roughly 50 more women would increasing the size of the dominant ple in Parliament ahead of the Gen- contend with a bloated parliament. cites Egypt, Mauritius, Morocco, Mo- be needed to get up to one third wom- party. eral Elections have been rejected. Not “If we go to the elections without zambique, Namibia, Senegal, South en. Also the size of the National As- National Assembly (reading) and even proposals to amend the Election a clear formula on how to realise the Africa, Tanzania, the Democratic sembly would not be fixed. the second reading; the second read- Act to compel political parties to com- two thirds gender principle, then we Republic of the Congo, Rwanda and Jill further says that the country ing is usually followed by a com- ply with the two thirds principle while are likely to be confronted by trends Uganda. can also explore the pairing system to mittee, which could comprise all the nominating candidates for elective that have characterised elections out- And just like Jill, he warns that the meet the two thirds gender rule. Un- members. For the Bill to pass, two offices has seen the light of the day. comes where women are virtually un- quota system can lead to the fielding der the system, she says certain larger thirds of the members of the House of Much remains to be seen of what be- derrepresented. This means that par- of substandard candidates, create a constituencies would have two mem- Assembly would have to support it on comes of the proposed Constitutional liament will be unconstitutional and political glass ceiling, bloat legisla- bers each – one man and one woman. both the second and the third readings. of Kenya (Amendment) Bill 2011. thus the situation can only corrected tures and manipulate by appointing Or have only even larger constituen- Some would argue that this would The bill seeks to amend the elec- by aligning the number of women to constituencies. cies with at least one of each gender infringe a provision of the Bill of tion date and entrench the two thirds reflect constitutional provisions,” she Another option that can be ex- plus one from either, and no county Rights – Article 27(8) which says gender rule as part of the electoral adds during a stakeholder forum on plored to increase women represen- women seats. the State must do what is needed, practice in Kenya. If the bill becomes the two thirds principle convened by tation includes the adoption of the “This may entail a party putting including legislation, to achieve the law, then political parties have no the ICJ Kenya. mixed member proportional system, first choice first and if the party wins two-thirds principle. Such a change option but to nominate women MPs Similar sentiments are expressed which Jill says was removed by the that seat that person is the presumed requires a referendum. But the point according to their strengths if those by Jill Ghai who is the director of Kat- parliamentary select committee on holder of the seat. Once the results are is arguable, while removing Article 81 elected do not reach the two thirds iba Institute. She says that the country constitutional affairs in Naivasha. declared, the gender balance has to be (b) about every legislative body sat- threshold. may end up having as much as 402 “The Committee of Experts (COE) assessed so that enough of the under- isfying the not more than two-thirds But this too appears headed for ob- legislators if the two thirds principle is in their “Revised Harmonised Draft” represented gender is taken from the principle is not part of the human scurity as debate shifts to the election not realised at the elections. (RHD), had proposed the inclusion of least successful tickets to make up the rights provisions. date and delimitation of boundaries. She says that the bill should be extra seats, to bring up the number of balance and the over-represented gen- After amending the Constitution, Further, critics already feel proposals withdrawn and presented afresh to women to one third as well as persons der from those tickets dropped,” she the new Elections Act might have to in the bill may lead to Parliament hav- give room for the realization of the with disability,” she explains during explains. be amended. More important, per- ing more than the constitutionally re- gender rule. the ICJ meeting. She warns that the system could be haps, and something people should quired 349 MPs. This leaves the Ken- She however proposes numerous She says that proposal was how- abused by political parties who may consider very seriously: do we want yan woman politically disfranchised options which can be explored to in- ever rejected as it was impossible to end up placing women to compete in the constitution to be amended at this despite the mandatory provisions of crease the number of women repre- know how many extra seats would marginal seats where possibilities of point at all? Article 81 (b) of the constitution. In sentation in the country. have been needed, because the CoE, winning the seats is impossible. fact, women candidates may now be Key among them includes the wisely, did not specify the number of They could have a true mixed Factbox forced to fend for themselves in the quota system which she says has geographical constituencies. The ex- member proportional system, with In Africa, there are three main quota absence of a legislation to lend sup- helped to increase women representa- tra members would have been taken, only 210 constituencies, and 80 list systems: port to their candidature. tion in countries such as India. from party lists, in proportion to the members, the latter allocated on the Constitutional quotas: Some coun- It is against this backdrop that “Although the quota system has number of votes cast for each party in basis of votes received. This would tries, including Burkina Faso and women rights activists plot to have the produced prolific results in Indian the constituencies. produce a house roughly proportional Uganda, have constitutional provi- bill withdrawn to allow for the inclu- Upper House, it has been rejected by She says that something similar to the votes cast (making the perpetu- sions reserving seats in national par- sion of more robust provisions on the their Lower House in the same way exists in relation to county assemblies, ation of the existing very unequal liament for women. gender rule. the Kenyan MPs rejected it in fear that but the CoE itself changed the distri- constituencies less important). Ei- Election law quotas: Provisions According to Jane Serwanga who they may be barred from defending bution based on proportion of votes to ther all the 80 could be women, or as are written into national legislation, as is the Deputy Director FIDA Kenya, their seats in their respective constitu- a system based on proportion of seats many as needed to produce one-third in Sudan. the bill has been watered down by the encies. won in the wards. women. Political party quotas: Parties unrelenting debate on the election date She says that the quota system She intimates that a constitutional Or they could adopt a purely pro- adopt internal rules to include a cer- with the gender rule being relegated to would have guaranteed the realiza- amendment could reintroduce the portional representation system (there tain percentage of women as candi- the periphery. tion of the gender threshold without mixed member proportional system to are several methods, though not all dates for office. This is the case with She says that unless a new bill is amending the constitution. However, the National Assembly. are “simple” as the Constitution re- the governing parties in South Africa crafted to capture the gender concern, it violates people rights to choice by “But can the MPs buy it, having quires). Proportional representation and Mozambique. Educate traders to curb illegal cross border trade By LUKE KAPCHNGA participation in trade. A closer scrutiny of the EAC cus- LACK of information on the new tax toms Union Protocol reveals that the regimes within the East African Union cross border trade is dominated by ag- continues to derail cross border trade ricultural products. and undermine small scale entrepre- However, there are no deliberate at- neurs’ potential to exploit the emerging tempts to improve the welfare of small opportunities in the region. scale traders even with the enforcement A study by the collaborative centre of the Protocol. The protocol aims at for gender and development dubbed promoting efficiency in production to Opportunities and Challenges for enhance domestic and economic de- small scale women traders reveals that velopment but obstacles still remain. traders were still using illegal routes to However, the women remain move goods which are not supposed to trapped in a complex web of trade be taxed. challenges which are adversely affect- The study says that the illegal tran- ing their trade activities. The study says sit points are risky and dangerous for obstacles hamper the women’s ability female traders and expensive. to optimally enjoy the full benefits of “They at times end up losing their the cross border trade. goods to unscrupulous smugglers for The report recommends that the not knowing customs regulations and Government takes up the initiative to penalties related to cross border trade,” educate border Communities who are reads part of their findings. involved in cross border trade as a mat- Ignorance is causing traders to be ter of urgency. exploited and losing money which in Programmes have to be developed return affects their mode of operation, to promote and support women’s self- marketing strategies and marketing op- A customer buying some kitchen basic needs at an open air market along Ngong Road to cut cost. employment, small enterprises and portunities. strengthen their access to credit. Poor infrastructure results in mar- When such goods become expen- small scale women traders on the cus- tunities created and deal with emerg- The protocol which came into force ket distortion, making costs transport- sive profit margins are small, rendering toms union. ing challenges. The scenario has been in 2005 sought to eliminate intra-state ing of goods from boarder points to traders poorer. For improved business The awareness would enable the complicated by traditions, customs and tariffs, and harmonize customs serv- other parts of the country very high. environment there is need to enlighten traders take advantage of the oppor- religious practices that restrict women ices & procedures. The Link, July 2012 EDUCATION 5

Parents blamed for poor education standards in Bungoma TSC reads riot act to quacks By BOB OMBATI spent at home to look for fees ar- order to keep their children con- elect leaders who can address rears. stantly in class. issues affecting the masses and masquerading POOR academic performance in The Bishop however, quickly Unnecessary movement of stu- shun leaders who incite you to some schools in Bungoma Coun- exonerates the schools adminis- dents out of learning institutions tribal hatred and violence,” he as teachers tration from any blame arguing Bishop Wambua, adds that should advises. ty is now being blamed on par- By BOB OMBATI ents and guardians. that for students to be kept in be avoided in order for the county He took a swipe at some polit- The Catholic Diocese of institutions they must pay school to excel in national exams. ical leaders in the county saying The Teachers Service Commission Bungoma Bishop, Norman fees as and when required. Bishop Wambua who was they are divisive, a factor he adds (TSC) will soon crack the whip on Wambua, claims that failure by “You cannot expect teachers speaking recently at Christ the may jeopardize peace and unity teachers practising without licences. some parents and guardians to to keep students in school when king Church in Bungoma town during electioneering period if Kisii County TSC Director of Ed- pay fees on time is one of the there is no money with which to at the same time appealed to not checked. ucation, Martin Adede says that teach- major causes of poor academic buy food and other basic items to Bungoma County residents to “We need peaceful elections, ers who are yet to be licensed will face standards in the region. sustain them,” he says. elect visionary leaders and ob- and let us tell our children to disciplinary action and denied access Bishop Wambua avers that He, as a result, appeals to par- serve peace during the next gen- shun politicians who incite them to classrooms. The Director who was accompa- most students in the County miss ents and guardians to ensure that eral elections. to violence for selfish interests,” they pay school fees in time in “You should this time round he says. nied by area District Education of- some lessons because of the time ficer, Gilbert Oloo, Kisii county Kup- pet executive secretary Ben Nyaundi and area Knut Executive Secretary, By PETER MUTUKU Charles Mokua told private schools to register their teachers with the Com- THE government has no plans 8-4-4 system here to mission without further delay. He said that the move is meant to scrap the 8-4-4 system after to rid the sector of quacks and mush- all. Education Assistant Minis- rooming of illegal structures posing as ter Ayieko Olweny says that the learning institutions. He said that most government will instead explore stay, says Prof Olweny schools had compromised the quality ways through which the current of education as they do not invest in system can be improved. human resource. The Assistant Minister says Adede challenged school heads that a committee has been set up to manage their schools profession- to explore ways through which ally to improve on their education the proposed radical changes to standards, adding that action will be the system of education in the taken against teachers who engage in country can be incorporated in private businesses to the detriment of the current system. learners. He says the committee will The Director said that the Com- assess the current 8-4-4 system mission will not defend lazy and and come up with recommenda- incompetent head teachers whose tions on how the system can be schools continue to post poor perform- improved. ance in national exams despite sub- “There is a committee that stantive resources channelled to their has been set up to look into the schools by the government through the free education programme. issue because scrapping 8-4-4 The Director said that the TSC will not solve the problems be- had decentralized its services to man- devilling education sector,” add- age teachers affairs at the grassroots. ed Olweny. He said that TSC will not victim- Olweny spoke at a prize giv- ize teachers, adding that commission ing ceremony for Kirinyaga Cen- will stick to rules to ensure that teach- tral District, at Waigiri primary ers adhered to the code of ethics to school. enhance discipline and integrity in the The minister added that intro- teaching profession. ducing the proposed 2-6-6-3 sys- Prof. Ayiecho Olweny, Education Assistant Mr. Gachoki Gitari, Area MP Adede, who addressed school tem of education will require an Minister. Heads from Kisii South District at excess of Ksh340 billion to im- Itierio church grounds said that teach- plement, adding that the money 80,000 teachers to offset the battered by their wives in the Area Member of Parliament ers have to obtain a written approval is too much. shortages currently facing public future if they start to indulge in Gachoki Gitari took the occa- whenever they are not in school to He called on education stake- schools. alcoholism at an early stage. sion to reward students who per- avoid cases where they desert duty to holders to go slow on the matter, The minister said that, instead Olweny further revealed that formed well in last year’s KCPE run personal errands. since the ministry is starved in- of scrapping the 8-4-4 system, the government plans to employ examinations, and attributed the He said firm action will be taken terms of funds. we can make some changes in early childhood teachers to boost good performance in Kirinyaga against those who desert duty without “The money needed to im- the current system and still serve enrolment in nursery schools. county to good working relation- documented evidence, stressing that plement the new 2-6-6-3 system the country better. The minister cited child la- ship between all stakeholders in head teachers will be taken to task for failing to comply with the rules and is Ksh340 billion which can be Olweny further cautioned stu- bour, absenteeism, and school the educationministry. dents against indulging in drugs dropout due to poverty as some The legislator called on par- regulations of the Commission. used to employ more teachers He at the same time cautioned and improve the standards of while in school, saying that drugs of the major challenges facing ents to take their children to will ruin their lives. his ministry while implementing school and promised to support school Heads against misusing public education,” he added. funds channelled to their respective He said that the country cur- He caused a stir when he told the free primary and secondary poor and vulnerable students to schools through the Free Education rently requires an additional male students that they will be education. achieve their dreams. program, saying action will be taken against who embezzle the funds. “You should ensure that the funds are properly utilized and accounted for. You will carry your cross if you misuse the funds,” stated Adede. Eshiwani opposes new system of education Area Education officer, Gilbert By AGGREY BUCHUNJU learners. Consequently, Eshiwani challeng- 2030. Oloo directed school heads to report The educationist claims that it is es the government to make it manda- On holiday teaching, Eshiwani cases where bars were operating 300 THE proposed radical changes to the curriculum and not the present tory for all the head teachers in the says that it is not useful because pu- metres away from their schools as the system of education in the coun- 8.4.4 system of education that has country to have knowledge in Infor- pils need some rest and consequently this was illegal. He said some chil- try continue to attract criticism from failed to address the current labour mation Communication Technology urges the government to ban it. dren could be influenced by their peer stakeholders and professionals. market needs. (ICT). “If I were the District Education groups to indulge in drinking at a ten- Former Kenyatta University “What should be changed to serve “Head teachers who are not com- Officer (DEO) I would ban holiday der age, thus ruining their lives. The KNUT executive secretary (KU) vice chancellor Prof. George the current market better in terms of puter literate have no business being teaching because official time allo- lauded the government for the prompt Eshiwani says the present 8.4.4 sys- technological needs in line with vision in positions of leadership in the con- cated for teaching is just enough to disbursement of the free education tem of education should be main- 2030 is the curriculum and not the temporary times,’ he says. cover the syllabus,” he says. funds, noting that most schools are tained. 8.4.4 system of education,” he says. The former university head adds Eshiwani was speaking recent- heavily indebted due to the delays. He argues that changing educa- Eshiwani is categorical that for vi- that there is serious need to capacity ly at Namachanja High School in He observed that operations in tion system from 8.4.4 to the pro- sion 2030 to be realized with ease all build all the teachers in ICT so as to Bungoma Town during Bungoma most schools had paralysed as suppli- posed 2.6.6.3 without changing the teachers in the country must be com- facilitate change of the curriculum to South District Education Day where ers had stopped supplying items due curriculum will not add value to the puter literate. meet the technological needs of vision he was the chief guest. to non-payment of debts. The Link, July 2012 6 GOVERNANCE Group enlightens public on effects of climate change By BRIGHTON KAZUNGU effects of carbon emissions into the at- He said that in the programme, the farmers economically and some have chemicals such as fertilizers and sprays. mosphere. farmers are supposed to plant as many use the revue generated from the project “We are encouraging the farmers to AS the world joins hands in looking According to Bernard Githui, a trees as possible in their farms where to start poultry, pig and dairy cattle farm- use organic manure as chemicals are also for ways to combat global warming, trainer on the environment conservation they are later paid carbon credit as per ing,” he adds. contributing largely in the emissions of increased carbon emissions continue to in Kerugoya and Mbeere regions, the the number of trees they have planted. Apart from planting trees, Githui the carbon dioxide into the atmosphere.” destroy the Ozone layer. Although the programme has also been rolled out in “The carbon credits payments are said that they are enlightening the com- He posed. He said that they are also en- carbon dioxide emitted from the burning Nyeri, Laikipia, Masai Mara and Bomet. incentives given farmers in a group of munity on the importance of using En- couraging farmers to adopt Zero tillage of fossil fuels is supposed to be absorbed He said that the main aim of the pro- six to twelve people to encourage them ergy saving jikos that use very little fire which allows them to dig small holes by plants and trees, the rate of carbon gramme is to encourage farmers to plant to plant more trees to mitigate against wood and still produce enough energy in the farms enough for the maize and emissions is very high as compared to trees in large numbers so as to ensure climate change,” he said. for their cooking and lighting activities. beans to grow. Githui points out that the level of absorption by plants. that the carbon released to the environ- He said that the farmers are supposed These he said will help in the reduc- managing global warming is a collective Moreover, people have continued ment is absorbed in equal measures to to plant both the indigenous and exotic tion of the number of trees that are cut responsibility saying that the continued to deplete forests resulting to extreme prevent environmental destruction. trees that are useful to human beings for purposes of cooking and lighting in destruction of the environment spells weather conditions currently being ex- Githui pointed out that due to the with an exemption of eucalyptus trees the country as the community adopts al- doom to future generations. perienced in different parts of the world. increased global temperature, the cli- which consume a lot of water. ternative sources of energy. “As the late professor Wangari It is in this regard that the interna- mate is changing unpredictably from Githui said that about farmers groups Githui said that the programme is Maathai used to say, if we destroy na- tional small group and tree planting floods and hurricanes to heat waves and have received payments amounting to also educating the farmers on the need ture, nature will destroy us,” he said add- programme (TIST) has undertaken to droughts that are affecting human beings Ksh25in the programme. to embrace farming methods that help ing that we should join hands and con- enlighten members of the public on the all around the country. “The programme has empowered to conserve the environment and avoid serve it lest we all perish.

By NYAKWAR ODAWO CO-OPERATIVES will be a function of the County Government and must therefore align their operations to the Sacco members lauded constitutional dispensation. Cooperatives Development Min- ister Joseph Nyaga says that the co- operative movement must therefore reposition itself to play a pivotal role in the future development of the coun- for continued loyalty ty economy. “Counties with vibrant co-opera- form well. tives are likely to register sound eco- The minister at the same time said nomic and social development more he was delighted to note that Butete easily than counties where co-opera- Sacco had performed very well in tives are weak,’ he said, adding that in 2011 as compared to December 2010. order to safeguard the position of co- “The positive performance is at- operatives, it will be important to have tested by growth in membership a national co-operative body to unify from 3,052 to 3,521, deposits in- and safeguard the national interests creased from Ksh287.3million to for co-operatives. Ksh324.3million, loans advanced “This is where the Co-operative to members also increased from Alliance of Kenya (CAK) comes in. I Ksh293.9million to Ksh362.5millon hereby urge all co-operatives nation- and turnover from Ksh32million to ally to support the Co-operative Alli- Ksh45.4million,” he said. ance of Kenya,’ he said. He as well observed that since the In the promotion of peace, the year 2005, Butete Sacco has been on a Co-operative Development and Mar- positive growth path in the provision keting minister said co-operatives are of sound financial solutions as well as non-political and non-religious organ- giving a full return on investments. izations that bring together people of “The performance is commend- diverse ethnic background. able and I congratulate the board and “Kenyan from all walks of life management for your continued effort come together to do business guided to meet your customers’ needs and ability to develop products that have by the seven principles of co-opera- Mr. Nyagah, Cooperative Development minister. tives. If all of us formed co-operatives, maximum returns to your members a big chunk of the economy will be in cant. “I want you all to remain focused the returns generated by the business savings among the members and new and Sacco in general,” said the min- the hands of ordinary Kenyans, hence and united towards achieving your are ploughed back to the members clients within the entire republic of ister, adding that the leadership of the gap between the rich and the poor objective in line with the co-operative including generation of employment Kenya. This will position your Sacco the Sacco should always be guided will narrow leading to reduction of so- principles of democratic member con- opportunities and cheap credit facili- to be able to compete effectively with by prudent business and commercial cial strife,” said Nyagah. trol and equity among members,” said ties,” he said. other financial institutions,” said the practices driven by teamwork and The Minister who was addressing the minister. He said the Sacco movement has minister. reflection on members’ aspirations members during the Sacco’s 35th An- The minister said the co-operative more potential in raising savings as He requested the Sacco members geared towards growth and develop- nual General Meeting held at Town- sector is key to the socio-economic envisaged in vision 2030 which out- to work together for the benefit of ment. ship primary school in Busia town, at development of the country. lines their strategic role in creating a teachers who are also members of the The occasion was also attended the same time said that membership “Co-operatives enjoy a unique vibrant and globally competitive sec- society saying he has visited various and addressed by Butete Sacco chair- loyalty and support is critical for sur- comparative advantage in that when tor that promotes high levels of sav- Teachers’ Saccos between 2011 and man Michael Wambia, Vice-Chair- vival and growth of any Co-operative they engage in any enterprise their ings. 2012 and established that in cases man Peter Opasamong, the Secretary society adding that management’s clients also happen to be the mem- “Butete Sacco has the potential where KNUT and Sacco leadership Robert Atedu and the treasurer Lucas prudent leadership is equally signifi- bers of the co-operative. In addition, of playing a key role of mobilizing do not agree, the Sacco does not per- Ochieng among others. Water PS calls for speedy rehabilitation of Mau By JOHN NYAMBUNE Amala River, within the Kibooyet Block down; there is a need to stop illegal set- comply with Water Resources Manage- 7 of the Mau forest, would play a great tlements, encroachment, charcoal pro- ment’s rules to enhance effective man- EFFORTS to reclaim the Mau ecosys- role in the preservation, conservation duction, and logging of indigenous trees agement of water catchment areas. tem have been hampered by increased and protection of the water catchment and to adopt better practices in saving the He observed that WRMA recognizes encroachment into forested area. area. country’s water resources. the need for stakeholders’ involvement Speaking at Kiptunga Forest, Block The PS observed that there is a need Nyenze disclosed that WRMA is as an important aspect in integrated 7 of the Mau Complex, the Permanent to increase the quantity and improve the committed to ensuring effective protec- management of land, water and related Secretary in the Ministry of Water and quality of the catchment through the re- tions and conservation of water catch- biological resources. Nyenze added that Irrigation, Eng. David Stower, said in a habilitation of the Amala catchment, a ment areas to help increase quality and this would promote the sustainable use speech read on his behalf by a Director tributary of River Mara. During the tree quantity of water, and improve water re- of natural resources, improve the qual- in the Ministry, David Jakaiti, that Mau planting exercise, over 13, 000 seedlings sources management. ity and quantity of water that originates forest plays an important role in energy were planted to boost the rehabilitation He further encouraged the active for- from the environment. generation, a tourist attraction site, agri- efforts by the Kenya Forestry Service on mation of Water Resource Users Asso- Mau Community Forests Associa- culture and water supply in Rift Valley a 10 hectare block. ciations (WRUAs) to help in the eradi- tion Chairman John Tanui reiterated that and Western Kenya region. Water Resources Management Au- cation of destructive and threatening communities living near the water tow- Eng. Stower noted that the partici- thority (WRMA) Chairman, Francis activities within the catchment areas. ers’ resolved to bolster and support the pation of key stakeholders in tree plant- Nyenze, said that in order to ensure the To the water users, Nyenze reiterated government’s bid to conserve the water Mr. David Stower, PS Water and ing in the degraded riparian zone of the levels of water in these rivers do not go WRMA’s support in ensuring that they catchment areas. irrigation ministry. The Link, July 2012 GOVERNANCE 7

Mwea National Reserve suffering Priest appeals to Kenyans from political interference By PETER MUTUKU to vote leaders of integrity THE Mwea National Reserve is By JOSEPH MUKUBWA should elect leaders who have health sector and the water ing the annual thanks giving grappling with financial constraints shown commitment in the crisis in the country,” said the mass by the disciplined and largely attributed to poor revenue NYERI Catholic Archbishop fight against corruption and archbishop. uniformed police officers at collection. Peter Kairo has urged Ken- other vices in the country. He at the same time said the Nyeri Consolata Cathe- According to the Kenya Wild- yans to vote leaders of integ- “We want leaders who can leaders who fan tribal ani- dral Catholic Church in the life Service Embu District Warden rity during the forthcoming be able to address the soaring mosity and preach divisive town. Cornelius Muoka, the national re- general elections. unemployment rates in the politics should be rejected. Retired commandant John serve which is jointly managed by Kairo says that voters country, the challenges in the Kairo was speaking dur- Kimani who was the chief the agency and the Mbeere county guest during the occasion said council has registered a major de- cline in revenue collection due to counselling sections have poor road network. Muoka accuses been established in order for Mbeere county council of reneging the counsellors and clergy to on its pledge outlined in a Memo- guide police officers against randum of Understanding which misusing fire arms. was signed in 2010. “We know the officers In the agreement signed by the are facing many challenges director of KWS Dr Julius Kipnget- including the threat by Al ich and the council in 2010, the Shabaab militia and thus there KWS was to train rangers from the is need for them to be vigilant surrounding areas, provide the nec- essary equipments while the council around the clock,” Deputy PC was to ensure the roads heading to Francis Sila who was present the reserve are constructed. during the occasion said. “The deal was that the council Sila called upon all the of- reserves the ownership of the land, ficers to work in unity so that while KWS holds the right of the the country can stay in peace. wildlife, and we have played our “Let all the officers work part of the bargain,” he explains. in unity and corporation and However, since then, the coun- join hands for the sake of cil has done very little to facilitate security in our country,” he access to the sanctuary, thus limit- ing the number of tourists into the added. facility which is home to crocodiles, Police commissioner elephants and other wild life. Mathew Iteere in a speech He said that KWS and the coun- read on his behalf by Zippo- ty council usually share the revenue rah Waweru urged the congre- collected from the national reserve gation to pray for the officers adding that the residents who were who are working outside the supposed to benefit from the deal country. are yet to realize its importance. While admitting that there “The leaders in the county are many challenges facing council brought in their cronies to become staff at the national reserve, the officers in their work, he but there is no revenue to sustain Nyeri Catholic archbishop Peter Kairo consecrates fire arms that police officers use in their duties at Our urged them to remain vigilant operations in the park,” he said. Lady of Consolata Cathedral Catholic Church in Nyeri town recently. Photo/Joseph Mukubwa all the time. Turkana: Sea of oil but desert of leadership By CAVINCE ADHERE the county. fected by poor infrastructure and residents from participating in the of Turkana residents despite the According to Derrick Mer- insecurity. electoral process. oil exploration and extraction WHEN the president broke the inyang, a resident of Lokichar, ‘‘IEBC offices are located ‘‘With a population exceed- tipped to be actualized in the news on Kenyan Oil prospects, Turkana County has high levels in Lodwar. With no roads, they ing 850, 000, barely 100, 000 county. Turkana South District Turkana County earned the envy of illiteracy. ‘‘Because of limited cannot access the remote areas, residents can vote. This is un- Commissioner (DC) Mr. Joseph of her contemporaries. Attention education, residents have been where most of the Turkanas re- fortunate. We are calling on the Kanyiri, advises the residents to shifted to the hitherto ‘cursed manipulated by politicians who side due to their pastoralist life- government to expedite issuance elect people who will champion county’. The residents were par- are not development minded’’, style,” said Erick. of ID cards to enable our youth the development agenda of the ticularly elated and with smiling said Derrick. Mr. Erick adds that prolifera- to participate in the forthcoming region. faces and newfound agility as Poverty has equally contrib- tion of small arms in the region elections’’, said Senator Aspirant ‘‘Let the community members prospects of a better future over- uted to poor leadership and gov- has equally negatively affected Jackson Nakusa. pick the leaders wisely for maxi- shadowed the historical hardships ernance in the county. Hard living civic education in Turkana. Even though the new consti- mum benefit from this God given they had weathered. conditions have encouraged elec- ‘‘The insecurity has led to se- tution accords both gender equal resource. Avoid selfish leaders,” This optimism was further re- toral malpractices like induce- lective regional civic education. opportunities in leadership, Tur- said the DC. inforced by additional informa- ments and intimidation. Access to information through the kana County hardly has female The DC further urged the resi- tion that Ngamia-1 well, was only ‘‘Voter bribery and buying media is also negligible. News- leaders. This lopsided representa- dents to embrace modern educa- one among many. With expert re- have defined past elections in this papers get here days after publi- tion has been fuelled by patriar- tion in order to capitalize on the port on the commercial viability county’’, said Jackson Nakusa cation,” said Erick, adding that chal societal structures. oil and auxiliary services that will of Kenyan oil nearly consolidat- who is eying Turkana County television sets are a luxury in the ‘‘Our culture abhors woman soon be demanded in the region. ed, Turkana residents are literally Senate seat. This, according to region, only affordable to a few. leaders, but under the new con- As the next six-pronged gen- feasting on hope balms. Mr. Nakusa, has eliminated com- Another IEBC related bottle- stitutional dispensation we hope eral elections approaches, Kaka- Amid this excitement however petent leaders who are financially neck in Turkana County, is the de- things will change. Already we lel David, a fresh graduate from sits a deeply rooted fear. The resi- disadvantaged. limitation of boundaries. Several have women administrators in- Nakukulas village, Lokichar has a dents must grapple with intricate Although it remains the re- political interest groups moved to cluding chiefs,” says Lydia Awoi, word of advice to his fellow Tur- issue of governance. Many poli- sponsibility of IEBC to conduct court to protest the boundaries as Youth Leader in Lokichar. kana youth. ticians have now burst into the voter education to avert some of envisaged by the IEBC. Oil as a Without addressing the con- ‘‘Let us be cautious of the limelight, salivating for the new the malpractices, the region has resource is believed to be an im- cerns identified by the residents, shaky leaders who have always status oil confers on the county. no history of effective civic edu- petus of the protracted boundaries election of credible and compe- taken advantage of us. Under de- Without effective and sound cation. wars. tent leaders will remain elusive in volved government and emerging multi-tiered governance struc- According to Erick Lokai, a Of equal concern is lack of the county. oil issue, let us elect the best in ture, the residents fear they may local trader at Lokichar, Civic ed- Identity Cards among the youth. Poor leadership will equally order to effectively manage our not benefit from oil exploration in ucation in the county has been af- This has disenfranchised many thwart the realization of the hopes resources’’, said David. The Link, July 2012 8 EDITORIAL & COMMENTARY The

LinkEnhancing governance for all This rogue parliament must disband now E chose to send a few of us to parliament to represent us because all the 40 million plus Wpeople cannot go to parliament to legislate. So every five years we elect people to represent us and legislate on our behalf but not for their self-aggrandise- ment. But our MPs do not seem to think so. Somewhere along the way the fact that MPs are supposed to rep- resent the will of people seems to have been lost. This despite that fact that several provisions of the consti- tution point back to the sovereignty of the people, in COMMENTARY fact that whole of Chapter One of the constitution is dedicated to this. Article 1 (1) and (2) of the constitu- tion provide that: How safe are you as a journalist? “All sovereign power belongs to the people of Ken- ya and shall be exercised only in accordance with this WENTY-YEAR-OLD Horriyo unresolved—intensified fears among ex- COMMENT iled journalists in Kampala and Nairobi. Constitution. The people may exercise their sovereign Abdulkadir worked hard to be- come a journalist. A dedicated Rwandan editor Charles Kabonero power either directly or through their democratically T fled to Uganda in 2009, but was pursued multitasker, she edited, produced, and By LUKE KAPCHANGA elected representatives” presented at Radio Galkayo in north cen- by Rwandan secuirty officials. (Phil Car- Even so, recent events surrounding the manner in tral Somalia while corresponding for the penter) which MPs have been legislating around the Statute Mogadishu-based Radio Risaale. Kabonero and his colleagues in- A government paper accused Ad- creased their security protocol—residing Law (Miscellaneous Amendments) Bill, calls in to ques- She covered the Somali conflict, fo- dis Neger of making false “anti-state” cusing on gender and humanitarian is- far from other Rwandans; leaving the tion whether MPs are really honouring their duty as allegations, and having ties to banned house only for basic necessities and never sues. opposition groups. “When we heard the the peoples’ representatives. Late in the afternoon of September doing so alone; and regularly checking in government was trying to charge our re- with Ugandan authorities. “We lived a re- The Statute Law (Miscellaneous Amendments) Bill 14, 2011, unknown assailants shot Hor- porters and editors using the anti-terror seeks to change provisions in the Political Parties Act riyo five times as she was leaving work. ally terrible life,” said Kabonero, “but it proclamation, we decided to flee,” Zeri- was the only life we had to live.” to allow MPs to switch parties without losing their “The actual attack was not the most hun said. Last year, 11 independent jour- painful moment because it happened so A month after Ingabire’s shooting, parliamentary seat, and remove from the Election Act nalists were charged under the law—six Kabonero and Gasana were resettled fast,” she said. “It was the time after- in absentia, because they are in exile. the requirement that those running for the position of ward—I was terrified.” Days later, need- to Sweden by the United Nations High Member of Parliament have university degrees. ing further medical attention and fearing Commissioner for Refugees (UNHCR). Horriyo Abdulkadir (NUSOJ) Kayigamba, once a soldier in the Rwan- Despite widespread objection from the people the more violence, Horriyo left for Nairobi. In the neighboring Eritrea, Africa’s lead- Since June 2011, seven journalists dan army, is not eligible for resettlement MPs passed the Statute Law (Miscellaneous Amend- ing jailer of journalists, 28 remain behind by the UNHCR. He said he lives in per- have fled Somalia, making it the country bars. Ten were arrested during a 2001 ments) Bill and consequently the amendments to the with the highest number of journalists manent fear. crackdown. Election Act and the Political Parties Act. The Prime forced into exile in this 12-month period. In Sudan, Aaron was terrified by the Minister voiced his opposition to the proposed amend- It is closely followed by conflict-rid- Refugee process full of challenges rumored presence of Eritrean security Exiled journalists in Nairobi are more ments and the President has refused to assent to bill. At den Syria and Pakistan. Three other East forces said to kidnap refugees. Other ex- African countries—Ethiopia, Eritrea, and likely to be harassed by local police. They which point one would have thought that the subject on iled journalists, including Iranians in Iraq told CPJ that officers routinely stop them Rwanda—also rank among the top 10. and Turkey, have expressed similar fears. the proposed amendments to the Election and Political In fact, while the global number of and ask for bribes in exchange for not ar- These are also common among those liv- resting them. “They go directly to your Parties Act would be closed both premiers having re- journalists going into exile has decreased ing in Kenya and Uganda, the two hubs jected the amendments and the people having spoken. to 57 cases from 67 in the previous pe- pockets,” said Abdikafar Shire, who fled for exiled East African journalists—Ken- Mogadishu in 2005 after repeated threats. However MPs seem to be unmoved by the wide- riod, the proportion of East African exiles ya hosts 52 exiles, Uganda 24, by CPJ’s remains steady. “They don’t care about your documenta- spread disapproval of the amendments by the public, count. tion.” More than a quarter of those who fled Rwandans Charles Kabonero, Ri- and despite the President refusal to assent to the Bill, their homes from June 2011 to May 2012 Even so, documentation is essential chard Kayigamba, and Didas Gasana for journalists in exile, and often hard to parliament is set to reopen debate on the amendments. came from an East African nation. fled in 2009 to Kampala. At home, they If MPs who support the bill get a two-third majority A majority of exiled journalists, like get. Since March 2011, refugee registra- had worked for the independent weekly tion in Kenya is handled by the govern- they can veto the President’s memorandum and the Horriyo, cited fear of violence as their Umuseso. The journalists say they were reason for leaving; some fled after being ment’s Department of Refugee Affairs proposals there in and pass the bill anyway. The long harassed from the time they launched and the UNHCR. (Previously, the task attacked. the website The Newsline in the summer and short of which is that the amendments to the Po- (Their fears are justified; in Somalia, had been solely managed by the UN- of 2010. Local police warned them that HCR.) In Uganda, the process is handled litical Parties Act and Election Act will be enshrined in for example, six journalists have been unidentified individuals carrying Kabon- law in spite of the will of the people. The President, PM Killed in 2012, and no journalist murders by the office of the prime minister. In both ero’s photo had been arrested, and that as countries, the process involves initial reg- and VP were right to unanimously reject the amend- have been prosecuted since 1992.) Others a precaution they should stop writing. fled threats of prison and judicial harass- istration, interviews, and the eventual is- ments. Weeks later, a Rwandan official gave sue of official refugee papers that allow ment, common in Ethiopia and Rwanda, a European diplomat, who had hosted according to CPJ research. access to basic services such as primary them for dinner, minute details of the education and health care. While reasons for fleeing into exile journalists’ activities. “At that point,” vary, the results are universal: Exiled The process in Uganda can take up said Kabonero, “it became evident that to three months, said Sylvia Samanya, a journalists are subject to fear, poverty, we were being followed.” and uncertainty, while conditions for free protection officer at the prime minister’s The Link is published The journalists identified their track- office. In Kenya, the process can last up expression deteriorate in the countries ers: Rwandan security officials they monthly by the Institute they leave behind. to a year and cause much anxiety. Ac- knew from Kigali. Then, in August 2011, cording to Ethiopian reporter Zerihun, Zerihun Tesfaye, the 29-year-old sen- Kayigamba and Gasana found several for Civic Affairs and ior political reporter for the critical Ethio- who has been in Nairobi for more than men outside their home. One said in Kin- two years, “waiting is the most frustrating Development (ICAD) pian weekly Addis Neger, is among the yarwanda, “Those are the people we are 49 Ethiopian journalists forced into exile thing happening in exiled life.” seeking.” As they ran, one of the men In at least one case, the extended over the past five years. He and almost managed to grab Kayigamba’s T-shirt, all of the paper’s news staff left in De- process had fatal ramifications. Veteran but he got away. Somali journalist Hassan Mohamed vis- P.O. Box 7438-00200, Nairobi, Kenya. cember 2009, closing the publication. In In December 2011, Rwandan reporter July of that year, a new anti-terrorism law ited the UNHCR as soon as he arrived Charles Ingabire was murdered in Kam- in Nairobi in January 2011, but was told Tel: 020 6001776 / 020 6001274 criminalized any reporting deemed to pala. He had recently launched the Iny- Email: [email protected] “encourage” or “provide moral support” enyeri News, a critical website popular to groups labeled terrorists. in Rwanda and Uganda. His death—still Turn to Page 9 The Link, July 2012 GOVERNANCE 9 The How safe are you as a journalist? EnhancingLink governance for all From Page 8 to return in 2012. A diabetic with EDITOR other health complications, Hassan DANIEL OTUNGE became seriously ill in March 2011, after months without medication that SUB-EDITOR he could not get without documenta- FAITH MUIRURI tion. , Hassan died on March 2012 after a weeklong coma. By then, he ASSOCIATE EDITOR was a registered refugee, but his con- OLOO JANAK dition worsened. The UNHCR esti- mates that there are almost as many unregistered refugees as those who WRITERS are registered in Nairobi. Finding work is also crucial for MORRIS GITHENYA Central exiled journalists. In Nairobi, refugees 0735 855586 need an official work permit, granted by the government, which is expen- sive and difficult to obtain. “Very few people are able to get them,” said a JOSEPH MUKUBWA Central UNHCR protection officer in Nairobi, 0724 039787 who asked not to be identified per the agency’s practice. Journalists who spoke to CPJ said BEKADZO TONDO Coast that hunting for other kinds of jobs is difficult because of xenophobia 0728 341240 among host populations. A few string for local or international outlets, and many work for independent websites PETER MUTUKU Eastern that do not remunerate them. Instead, 0721 455048 journalists said they often rely on grants from international organiza- tions like CPJ to cover basic needs. All of these challenges are inten- KAVYU-KURA Eastern sified by a lack of information. Many Battery of journalists at work. 0721 000000 journalists said they knew nothing about the refugee process or life in umphs.” landscape is devastated, exiled jour- This year, CPJ cut the period in exile prior to fleeing. “I had no time The UNHCR officer said a lot re- nalists told CPJ. which it tracks exiles from 10 years BOB OMBATI Nyanza to ask what Nairobi life looks like. It mains to be accomplished. “The main Somali reporter Abdikafar lament- to five, in order to effect a more com- hurdle for us is that we have very few ed that violence and exile had wiped plete account. CPJ’s survey counts 0728 435255 was not my intention to be here. I just came to save my life,” Zerihun said. resources,” he said. Local authorities out the country’s most professional only those journalists who fled due Journalists often lack information are also under-resourced, he added. outlets. His colleague Horriyo said to work-related persecution, who about refugee rights and the exact re- For example, he said, the often over- that with so many journalists gone, remained in exile for at least three NYAKWAR ODAWO Western sponsibilities of the UNHCR and host burdened local police can’t provide those left to report inside the country months, and whose current wherea- 0726 264153 governments. appropriate security for refugees don’t have proper training. Eritreans, bouts and activities are known. The UNCHR protection officer while also dealing with Nairobi’s high Ethiopians, and Rwandans told simi- It does not include the many jour- said that registered refugees are crime rate lar stories of desolation. nalists and media workers who left . All the journalists in exile share their countries for professional or fi- LUKE KAPCHANGA Western handed a booklet in major local lan- guages with this information and that High cost for exiled journalists an uncertain future. While Zerihun nancial opportunities, those who left 0723 622136 the UNHCR hosts periodic forums to The journalist refugee crisis of East has no hope of returning to Ethiopia, due to general violence, or those who address questions. Mark Weinberg, Africa has now spanned more than Horriyo would go back to Somalia in were targeted for activities other than a regional refugee coordinator at the a decade, taking a serious toll on a heartbeat if there was peace. “When journalism, such as political activism. AGGREY BUCHUNJU Western U.S. Embassy in Nairobi, agreed that the region’s press freedom. With 14 you go into exile, at first it doesn’t feel CPJ’s survey is based solely on cases 0733 537002 misinformation is a serious chal- journalists forced out of Rwanda, 27 like a good thing because you’ve left it has documented, from which it de- lenge. “No matter how much we try from Eritrea, 49 from Ethiopia, and everything behind,” concluded Eri- rives global trends. Other groups us- to get the message out there,” he said, a whopping 78 out of Somalia over trean editor Aaron. “But then you are ing different criteria cite higher num- “I fear that the rumor mill always tri- the past five years, the region’s media also grateful to have a new life.” bers of journalists in exile. LAYOUT AND DESIGN: WALKER DESIGNS 0725 903 938 Joy as Webuye finally gets its share of LATF cake [email protected] By LUKE KAPCHANGA tering on the brink of collapse after the last three disbursements of the repay the money to creditors/was the the government froze LATF disburse- LATF funds following a directive by condition behind getting the money, WEBUYE Municipal council has ments as sources of revenue to the the ministry of local government af- and they cannot backtrack on the un- at last received LATF funds of council are minimal. ter the council failed to remit funds to derstanding. Ksh.34million after missing out in He said then, “in case the govern- statutory bodies amounting to Ksh.50 Makhakha claimed that, the past successive allocations over the last ment under the Ministry of finance million. political establishment played part in three financial years. and the Local government does not This , according to the mayor and creating the current predicament, and However the money will not be intervene and salvage the pathetic the councillors was the default and now employees who retire are unable for development, instead the funds situation, they will be rendered insol- negligence of the former office hold- to get their benefits. will go towards clearing debts, vent”. Poor services have plagued ers who are now out , and enjoying The community he added was go- which had accumulated to the tune of the town, plus unpaid arrears to hefty salaries in other councils. ing without accessing essential serv- This Newspaper appreciates Ksh.71million. council employees salaries. Whereas the former administra- ices from the council in addition to the facilitation accorded by Mayor Ali Mutoka Machani, says The mayor in the company of cllrs tors are transferred , the Webuye numerous stalled projects funded by the Konrad Adenauer Stiftung Ksh.31million has been earmarked Grime Juma, Paul Wamalwa, Raphael community faces the grave impact of LATIF, for crimes made by others. for the repayment of debts accord- Ekojo , Joseph Chemakile and Jafred the new policy directive on statutory The two political leaders con- (KAS) in Kenya ing to the agreement reached by the Makhaka complained that the situa- remittances. firmed that thirty six projects had been ministry. “We have got the money, tion had been aggravated by default- The Mayor told the press that lying unattended in the six wards be- but the conditions are that we use it ers in payment of business rates due workers are finding it difficult and ing served by the municipal council to clear the debts”, he told the press in to economic down turn caused by the are going through tribulations under due to the three delayed counts of the All correspondence and his office. The mayor and town clerk, closure of Pan African Paper mills. the prevailing economic conditions. LATF funds by the ministry of Local are said to have committed in writing The Mayor asked the government Their tribulations were the reason government. They insisted that those enquiries to the editor, that they use the money for clearing under the mentioned ministries to stop for the decision to pay them a full one behind the funds deduction but never the debts and not development when punishing the community that has month salary from the LATF alloca- remitted to the statutory bodies must P.O. Box 7438, 00200, it was released. been affected practically. tion as they seek other possible av- be brought to account. Nairobi, Kenya. Operations at the council had “The community is being affected enues to raise more money. The leaders told journalists that almost ground to a halt as a conse- in service provision by the finan- The finance and general pur- the closure of Pan Paper Mill plant Tel: 020 6001274 quence of not receiving LATF money. cial constraints occasioned by debts poses committee chairman, Mr. Ja- that has now reopened made the prob- All LATF funded projects were amounting to a whooping cash of fred Makhakha, said they require lem worse in the last two years as they Telefax: 020 6001776 suspended as workers went for Ksh. 71 million, a problem caused by a monthly administrative cost of lost annual rates of Ksh7 million from months without pay. the past administration and individu- Ksh.3million, yet the collection stands the plant as the business community e-mail: [email protected] Late last year, Mayor Mutoka als”. Mutoka complained. at Ksh.1.2million. defaulted on the rent rates amounting had indicated that the council was tot- The municipal had not received He said that the commitment to to Ksh40 million. 10 The Link, July 2012 GOVERNANCE Nyeri youth urged to register as voters Group calls for removal By JOSEPH MUKUBWA IEBC coordinator Patrick want to be elected into various She said the issue of jobless- Odame disclosed that the com- positions come election time be- ness among many youths could of street YOUNG people from Nyeri mission would kick off a nation- cause we have all seen what hap- only be solved if the right people County have been urged to regis- wide voter registration exercise pens when we elect bad leaders are elected into leadership posi- ter as voters to be able to partici- in August and urged all youths to just because they bribed us. We tions so that they can articulate children pate in the forthcoming elections. turn out in large numbers and ac- must look for those leaders who agendas for creating jobs for the Kituo Cha Sheria Executive quire the vital document. can be able to solve the problems group. from Meru director Priscilla Nyokabi notes Odame urged the youth to re- facing the youth especially in this The more than 50 youth lead- that there are very low figures of frain from being used by politi- region,” said Odame. ers from Nyeri town, Othaya, Town youth registering as voters in the cians to create chaos during elec- Nyokabi noted alcoholism Tetu, Mukurwe-ini, Mathira and area, a trend she said was impact- tions and also abandon the notion among many young people in Kieni constituencies at the same By LINK CORRESPONDENT ing negatively on the type of lead- of electing or supporting leaders the region was also contributing time endorsed Nyokabi as their MEDICAL practitioners in ers who are elected. who bribe them with their money. to the group keeping away from preferred candidate for the Nyeri Meru Town have urged the “There is need for the youth “Time has come when we elections and urged the group to County Womens’ Representative government to seek ways in this County to take up the is- must carefully vet the people who develop a sense of responsibility. seat. of containing and remov- sue of participating in the elec- ing street children in the tions seriously if at all we want area. to change the kind of leadership,” Kinoru medical women says Nyokabi. group led by their chairper- She notes that the total number son Eunice Mboroki called of registered voters in all the con- on the government to team stituencies in Nyeri County was up with other like-minded below 50 per cent of the popula- organizations to seek a tion, a trend she attributed to mi- permanent solution to the gration of people to other areas, menace of street children adding that the low figures might who are growing up and have contributed to the rejection indulging in various forms by the Independent Electoral and of crime. Boundaries Commission (IEBC) “It’s unfortunate that to create extra constituencies. there are many street chil- The advocate noted lack of dren in Meru Town and the identity cards among young peo- number is rising up. The lit- ple was also a great hindrance to tle we can do as a medical them acquiring voters cards and group is to encourage fam- urged the government to hasten ily planning because it’s the issuance of the identification not ethical for any mother documents to enable the youth to give birth and leave a to exercise their democratic right child in the streets”, said while choosing their leaders. Ms. Mboroki. Nyokabi was speaking in Ny- She said they are advis- eri town during a forum organised ing the young women to by the Kenya League of Young shun unwanted pregnan- Voters to prepare youths in the cies and are training them County ahead of the elections and on the need of promoting enlighten them on the various po- togetherness in the fam- sitions that will be contested in ily so that the parents can the County governments. be able to take care of the “The awareness we are creat- children. ing will also enable these young She says they have be- people to look for leaders who stowed upon themselves have the best qualities of leader- the need to revert to the ship and who have the interest of former Meru Culture which the voters and the common mwa- Kituo Cha Sheria Executive Director Priscilla Nyokabi (left) addresses a youth forum in Nyeri town organized by Kenya has vanished because pre- nanchi at heart,” she added. League of Young Voters. She wants the youth to register in large numbers as voters. viously girls were not hav- ing babies before they were married but nowadays it is the norm and has turned to CRA wants finance bill fast-tracked through Parliament be a normal occurrence in many families. By BOB OMBATI percent is based on population, 12 government’s financial respon- corruption in the counties. “The parents are busy percent on poverty levels and 6 sibility and the criteria used in “Junior officers are forced by looking for money and THE Commission on Revenue Al- percent is anchored on land size. sharing revenue for the counties, their bosses to sign documents for don’t have time for their location (CRA) wants Parliament The Commissioner urged lo- Masai noted counties which will the bosses and embezzle public families leaving their chil- to pass the Finance Bill to enable cals to identify potential sources improve in revenue collection will funds. The officers are powerless dren to indulge in drugs. As the government allocate funds to of revenue to complement the be rewarded, adding that an equal- and comply to protect their jobs,” mothers we are advocating county governments. funds from the central government ization fund had been set aside to said Alfred Makone, an Account- for family planning and Commissioner Wafula Masai and challenged private investors to benefit marginalized areas. ant. health messages to girls so says the delay by the legislators develop the counties to help boost Masai implored Kisii county Makone observed that it would that they can be married in passing finance legislations has their economic growth. residents to be gender sensitive be difficult for the funds to trickle when they are prepared”, derailed the work of CRA. The government, noted Masai and ensure that they comply with and benefit grassroots people if adds Ms. Mboroki. Masai, who was hearing views would advance loans to inves- the two thirds gender rule to avoid mechanisms were not put in place She was speaking when from members of the public at tors to enable them initiate viable creating a constitutional crisis. to ensure the funds were properly the women group visited Gusii county council, said CRA projects to generate wealth and He said Counties which fail to allocated for projects and utilized Thelyan children’s home in had allocated Ksh. 200 billion to create jobs in the counties. comply with the requirements of to benefit the citizens. Meru town and gave them the 47 counties based on land size, Commissioner Masai who sen- the gender rule will have to nomi- He asked area residents to elect foodstuffs and money as population and poverty levels. sitized the residents on the role of nate more female or male leaders professionally qualified and vi- support. The Commissioner said the CRA, in devolved system and cen- at their cost. sionary Governors to manage the “We decided to give public views on the allocation of tral government asked the locals Participants urged the govern- public funds at the county level back to the society by tak- funds to the counties will be in- to elect leaders of integrity in line ment to enact the legislations that and the ones generated within the ing care of community corporated and presented to par- with the constitution. will ensure that billions of public county governments. through services like free liament for deliberation and ap- “Chapter Six of the Constitu- funds channelled to the counties Esther Onkundi, a women medical camps which we proval. tion is very clear on the qualities were not embezzled by unscrupu- leader said Riana in Bonchari con- do in collaboration with Masai noted CRA had pro- of a person to be elected or ap- lous leaders. stituency, Magenche, Bomachoge Ministry of Health and Li- posed that Ksh. 200 billion be pointed for any government po- They said senior officers forced and Nyakeyo in South Mugirango ons Club. We identify and shared among the counties based sition. You must ensure that you their juniors to commit economic were marginalized areas and rec- verify the needy people on population, levels of poverty elect leaders who pass the integ- crimes with threats to sack them if ommended that more devolved in the society and support and land size. rity test and who would uphold the they disobeyed, adding the officers funds be directed to develop the them by contributing our He said out of the Ksh 200 bil- rule of law,” stated Masai. should be protected to challenge areas whose residents live in ab- own money”, she said. lion set aside for the Counties, 60 Taking participants through the their wayward bosses to reduce ject poverty. The Link, July 2012 CITIZENS’ WATCH 11 @

These talk shops Youthfulness alone will not handle Act now on rogue contractors and cannot define a progressive leader environment fear KENYAN politicians are a cunning FRIENDS of nature, or rather, people engineers to stop building deaths lot. They are known to be always on who talk about nature and the envi- the lookout for any idea that would ronment met in Rio Dejaneiro at a NEWS about collapse of build- improve their chances of ascending to conference dubbed Rio+20. ings have been hitting the power while searching for facts that Twenty years ago, the world met headlines every so often. Some they think can be used to discredit at Rio and looked at several issues of the buildings are still under their political opponents. that inform the management of our construction while others are In the recent past, a section of environment. Several issues were Kenyan politicians have been parad- discussed. Sadly, 20 years down the fully built and occupied by ten- ants. ing their ‘youthfulness’ as a selling line, we have nothing to be proud of point. But they have not been keen since then. Those buildings are definite- ly owned by wealthy Kenyans to define ‘youthfulness’ or disclose The status of the world has degener- how young they are. To them, they are ated. Global warming has increased. who have acquired permits to build the apartments. Their ‘youthful’ because they are not as old The ozone layer is being depleted. as their opponents. The forest cover is going down across building plans have been in- The Kenya National Youth policy the world. And man has become sys- spected by presumably tutored draft of 2002 defines a Kenyan youth tem. planners and the works inspect- as one aged between 15 to 30 years. Instead of solving our problems, we ed by engineers who approved All of these politicians screaming have come up with things like carbon the entire process and gave the about age are way above 30 years. trading and green economy. nod that the structures were But then again, to showcase one’s Instead of addressing our environ- safe for human habitation. age as a ‘virtue’ in itself is both sim- mental issues, we have opted for the How then do we hear news plistic and hollow since no one cares softer options; coining worlds and of collapsed buildings every about the age of a political leader, pro- phrases that are vacious. other month? Do these peo- vided the leader is able to deliver. Our towns are getting messier and ple ever have their conscience Those who foight for the multi- dirtier and our waters are getting more pricked by news. News that “a party democracy that the country is polluted. house has collapsed, five con- currently enjoying were senior citi- Just recently, world leaders con- firmed dead, several injured, zens who formed the Forum for Res- vered in Durban in South Africa. Still, toration of Democracy (Ford) in 1991. they were talking about the same and the owner has disappeared into thin air” is now the order Rescue operations at the site of the four-storey building that These elderly leaders accom- things. Ask anybody what Durban collapsed in Mlolongo recently. plished what the youthful leaders achieved and you will be shocked. of the day. Very soon thereafter, an- could only dream of Jaramogi Ogin- For how long will we be talking and ga Odinga, Masinde Muliro, Martin conferencing? This is a tough ques- nouncements are made to the Yet just like other Kenyans, other citizens who go out to effect that investigations are those masons have families fend for their families. My ap- Shikuku and George Nthenge, among tion because we have many profes- others, pressured the Kanu govern- sionals whose forte is to talk and give on. After that, nothing is heard to feed. Their children need peal is to the government and school fees and all that. After all those concerned with house ment to repeal section 2A of the old more talk. They never implement. We in most cases. constitution — an action that paved get mountains and mountains of lec- Do these people who disap- the death of their energetic fa- building to make sure that the thers, the children are left lead- buildings meet the required way for multi-party democracy. tures on nature and environment, and pear after their building col- Similarly, it took the action of a no- it stops at that. lapse ever come back? My view ing a miserable life without standards. nonsense octogenerian in the person Take the example of having a clean is that they do come back, but hope. The engineers should be of John Michuki to bring sanity to the neighbourhood. Do we really need no one bothers about them be- The full force of the law qualified, and not cut corners transport industry in Kenya. Matatu lectures and conferences on having cause those who perished in the should be applied towards the with building materials to make operators had defied the youth leaders our towns clean? We only need to im- tragedy were common citizens owners of collapsing buildings savings at the expense of hu- and only gave in when the ageing Mi- plent. What if we took the money set who are masons or tenants. and their accomplices in the man lives. And lastly full law chuki cracked the whip. aside for these kinds of conferences Often, the bereaved might public service, especially now must be applied in case a build- The elderly and sober former Pres- and decided to strengthen our imple- not have the money to push for that we are cleaning up the ju- ing collapses. ident of South Africa, Nelson Man- mentation agencies? We will be able justice in courts. The victims, diciary. David Mwaura, dela, led his country in the first ever to buy many trucks to cart away our therefore, go uncompensated. Those masons are just like Via e-mail majority rule after decades of repres- garbage. sive Apartheid. This will strengthen our councils Finally, Dr. Lee Huan Yew, the ar- across Kenya and we will employ chitect of modern Singapore, contin- more personnel to police our envi- ues to play a major role in his sunset ronmental by-laws. We will buy more years. loaders, more tractors, more working It is, therefore, evident that youth- implements for the enforcing teams, fulness alone cannot replace, vision, and the teams will be motivated. honesty, integrity, hard work, in- But, instead, we have chosen the teligence and soberness. more easier roots: conferencing. Sonye David, Forty years ago, the United Nations Via e-mail Environment Programme was born. This means, it could not get sustained funding to address the environmental concerns of the world. For 40 years, there have been talks about moving the Unep from Nairobi, about upgrad- ing Unep, about strengthening her status and about all conceivable is- sues you may imagine. The* editor welcomes letters and It is unforturnate that the world and comments on a variety of issues. her leaders have just been talking for The letters should be brief, topical the last 40 years. Let Rio+20 be the and issue based. last of these talking shops. The world The editor reserves the right to edit is experiencing environmental prob- for brevity or clarity. lems of unmitigated proportions yet, Write to: we who have solutions to these issues, The Editor, are only engaged in talking. The Link, Odhiambo Oketch, P.O. Box 7438 – 00200, Nairobi. via e-nail. E-mail: [email protected] 12 The Link, July 2012 GOVERNANCE Nyong’o urged to address Garsen health crisis PM Raila launches

By BEKADZO TONDO RESIDENTS of Garsen have ap- the Aberdare Trust pealed to Medical Services minister Anyang Nyong’o to help reopen By JOSEPH MUKUBWA remaining Ksh 30 million will be of the project mainly through gen- Garsen Health Centre. spent on Mau Eburu. The projects erating funds for the maintainance Operations at Garsen health cen- THE PRIME Minister Raila Od- are ongoing and the Agricultural of the fence infrastructure.” tre have ground to a halt following inga has launched the Aberdare Development Corporation has He continued,” It shows great the disconnection of water and elec- Trust which will help to manage agreed that 3,000 acres in its farm commitment and a shared vision tricity supplies seven months ago the Aberdare National Park fence. at Ndabibi is managed as part of by the three institutions on what over pending bills. The trust is a public/private Eburu Forest,” he added. sustainable conservation is all Irate residents now blame the project that will help to manage A minimum of Ksh 800 million about.” government for failing to clear out- the 400 km fence and play an ac- is needed for these projects. The Rhino Ark Aberdare Fence standing bills to restore normalcy at tive role in the best practice of the The PM launched the trust at a Project has been funded for over the facility. Aberdares Ecosystem. ceremony held at Bondeni in Kieni 23 years by donations from thou- Speaking during the occasion, West District of Nyeri County. sands of Kenyans mainly through The residents recently paralyzed Prof Nyong’o transport for nearly two hours to the premier said that the Govern- The occasion was also a cele- the annual Rhino charge. protest against the poor conditions cause the facility has no water. ment has committed Ksh 100 mil- bration of the partnership between It has not only successfully at the facility before they were dis- Mrs. Dokota said in the past two lion in the current financial year two agencies, the Kenya Wild- resolved the human / wildlife persed by riot police officers. months at least two expectant moth- to assist with the new fencing ini- life Service and the Kenya Forest conflict in the Aberdare eco- According to the patron of Tana ers had lost their lives as there no tiatives at the Mt Kenya and Mau Service and the Rhino Ark. system but has assumed a much Youth Federation Network (TAY- personnel at the facility when they Eburu. In his speech which was read by greater role in the unfolding proc- FEN) in Tana County Mr. Toash went to deliver and urged the Min- “Of the funds allocated, Ksh assistant minister Josephat Nanok, ess of developing strong manage- Amuma, the power bill currently istry of Health to intervene with- 70 million has been channelled the Forestry and Wildlife minister ment and conservation practices stand at Ksh 124,000 while the wa- out further delay to forestall more through KWS to finance the fenc- Noah Wekesa said, “The aim of within the 200km squared fenced ter bills have accumulated to Ksh deaths. ing of Mt Kenya forest while the the Trust is to ensure sustainability ecosystem. 57,000. The chairman of Tana Youth Mr. Amuma says efforts by area Federation network Mr Twalib Ab- residents to push the government dallah and his assistant Mr. Stephen to assist the community offset out- Otoi said that although Garsen di- standing bills have hit a snag and vision has the highest population, there are no indications of plans to it lacked essential facilities such as resolve the problem. health centres and water. “Garsen health centre serves a Mr Abdallah said the nearest population of over 60,000 people health facility was in Hola which and our efforts to push the Ministry was about 90 Kilometers from of Health to clear outstanding bills Garsen thus exposing expectant have not bear any fruit,” said Mr. mothers to death risks in case of Amuma complications at child birth. A senior health worker at the “Though Garsen division has a hospital who declined to be named, population of about 60,00 people, admitted that the hospital has been the area lacks proper health facilities operating without power and water and a maternity wing where expect- for the last seven months. ant mothers could go and deliver However, the officer says the their babies and the nearest refer- health centre has been unable to ral health center is situated in Hola raise enough money through the cost which is about 90 kilometers away sharing program to clear the pending and the ambulance is grounded,” bills. said Mr Abdallah. Women are hardest hit with ex- Speaking at a harambee for pectant mothers delivering in the women groups in Garsen, an assist- dark. “Expectant mothers who de- ant minister for registration of per- liver at Garisen health center experi- sons Mr. Francis Baya described the ence a lot of problems including de- situation as pathetic and asked the livering in the dark as the facility has PS in the ministry of health to look no power supply,” said Mrs. Jamila into the matter. Dokota, a resident. “The situation at Garsen health She further lamented that expect- center is pathetic and I will meet the ant mothers are forced to buy de- PS in the ministry of health to look livery items like gloves, cotton and into the problem’ said Mr. Francis Prime Minister Raila Odinga unveils a plaque during the launch of Aberdare Trust 2012 recently at stitching needles and carry water be- Baya Bondeni area in Nyeri County. Assistant Minister Margaret Wanjiru (left) looks on. Photo/Joseph Mukubwa NZOWASCO losing millions due to water spillage By LUKE KAPCHANGA audited report says.’’ ing of dormant water connections and 90percent by increasing collections He said that the lines still require The annual report and financial increased recruitment of new custom- during 2009/2010 financial year to more investments to upgrade the dis- NZOIA Water Services Company statement of the company, covering ers,” he added. Ksh.117,682,393 from Ksh 98,595 tribution network to handle increased (NZOWASCO) is losing millions of the period up to 8 June 2011 was re- The MD also stated that the com- ,659 during the previous year. pressure. shillings every month in water spill- leased during the company’s A.G.M. pany has increased metering from The MD also noted that the com- For Kitale, the chairman said they age caused by burst pipes. Further the debt of Ksh.1,045,560 44epercent to 65 percent, with Kitale pany helped to address the needs of have done replacement of weak pipes According to an audited report for from the National Water Conservation recording the highest increase from poor people and less privileged in in some areas, but the problem still the year ending June 2010, the com- and pipeline Corporation was not re- 39percent to 75percent, Kimili fol- their area of operation. persists. pany lost a total of Ksh.100,834,308, flected in the books of accounts. lows with an increase of 48percent “About Kshs.24,375,125 went On metering, Bifwoli noted that due to water spillage. The Managing director Patrick from 32percent while Webuye regis- towards the construction of water in the company has received 300 plastic The Company produced 5,166,515 Munialo told the delegates that they tered a slight increase from 41percent Kiosks and taps,” he added. meters which have been installed to cubic meters of water out of which have put in place stringent measures to 43percent. The production capacity of the capture new customers to reduce the only 2,365,562 cubic meters was to control water spillage. Munialo told the delegates meet- Company has increased to 38,600 rates in Kitale. He said that the compa- billed to customers. Munialo noted that with the in- ings in Bungoma that the Company cubic meters per day up from16,300 ny requires an additional 1,600 plastic The remaining water was unac- creased volumes of water coupled experienced a growth of 102percent. cubic meters per day with the com- meters under the project. counted for which also resulted into with high pressures and dilapidated In Comparison to the losses reg- pletion of Ksh. 6 billion expansion ‘’The issue of meters theft has loss of sales. infrastructure, water spillage shot istered during 2007/2008 financial project. reduced considerably as members of “The significant level of unac- from 49.9perecnt to 65percent year of Ksh.10,914,158, the company The chairman Bernard Bif- the public report suspects and also counted water has negatively affected “In response, the company focused made a surplus of Ksh.10,914,158. woli said the transmission lines in the change from brass meter to plas- Company’s profits and may have far on replacement of low quality pipes, In revenue collection, Munialo Bungoma have been experiencing a tic ones has discouraged looting,’’ he reaching effects in the long term,” the crackdown on illegal water use, reviv- added that efficiency improved to lot of spillage. added. The Link, July 2012 GOVERNANCE 13 Proceedings of debate on amendments to political parties and elections laws ARLIAMENT recently passed (Mr. Duale approached the Dispatch ered carefully by the let me read you the Constitution:- “Par- clarification from the Attorney-General. controversial amendments to the Box) National Assembly and the Speaker.” liament shall enact legislation to pro- (Loud consultations) PPolitical Parties Act and the Elec- The Temporary Deputy Chair (Dr. This House is duty bound to consider – vide for the regulation of political par- Madam Temporary Deputy Chairlady, tions Act introduced through the Statute Laboso): Mr. Ababu, allow that point of “carefully”, those are the words of the ties.” Period! You can regulate them could you, please, protect me from the Law (Miscellaneous Amendments) bill, order. Chair – any communication touching on left, right, centre, up and down. That is noise makers? 2012 which allows legislators to amend Mr. Namwamba: No amount of heck- constitutionality from the CIC which is Section 92(c). The Temporary Deputy Chairlady numerous legislations. However, the ling can--- a constitutional organ mandated by the Secondly, Section 92(i) says:- (Dr. Laboso): Order, hon. Members! amendments were subsequently reject- The Temporary Deputy Chair (Dr. Constitution to oversee implementation “Any other matters necessary for the Mr. Midiwo: Thank you, Madam Tem- ed by the President who sent them back Laboso): Allow the point of order by of this Constitution. Therefore, I want management of political parties,” porary Deputy Chairlady. The Constitu- to Parliament for further debate. Here is hon.-- to plead that we find a way to consider So, if this House, in its wisdom or lack tion prescribes how the operationalizing the full Hansard report indicating mem- - the issues of constitutionality that are thereof, decides to regulate political Acts to the new Constitution are to find bers contributions during the debate. Mr. Namwamba: But I am on a point on record and if you indulge me, I will parties in one way or the other, there their way into this House. It says the of order. proceed to give examples of some of the is nothing unconstitutional about that, State Law Office, which is really under Section 14(7) – The Political Parties The Temporary Deputy Chair (Dr. issues. Indeed, let me raise just one as whether it is two days’ notice, two the Attorney-General, in consultation Act, 2011 Laboso): Were you on a point of order? an example. weeks’ notice or two months’ notice. with the Commission for the Imple- Mr. Baiya: Madam Temporary Deputy I thought you were contributing. The Temporary Deputy Chair (Dr. That is the National Assembly legislat- mentation of the Constitution (CIC) Chairlady, I beg to move:- Mr. Namwamba: I rose on a point of Laboso): No, we cannot have the full ing. It is not subject to the Speaker. It is are supposed to bring those legislation THAT, the Bill be amended in the order. This is a point of order, Madam debate on this issue, just give us one is- not subject to the Chair. It is not subject to the Floor of this House. Is it normal Schedule by inserting the following Temporary Deputy Chairlady. sue. to CIC. It is not subject to the Executive. to use The Statute Law (Miscellaneous new provision in its proper numerical The point of order is whether we are in Mr. Namwamba: Madam Temporary It is not subject to anyone other than the Amendments) Bill to--- sequence- order to continue debating this matter Deputy Chair, I will just raise one is- Constitution and that is the constitution- An Hon. Member: Yes! before we consider the weighty consti- sue because I want this matter to go on al powers that were given. Mr. Midiwo: You may say “yes,” but Provision Amendments.14 Insert the tutional issues that are attendant to this record. It has been proposed--- Madam Temporary Deputy Chairlady this is a matter of clarification. So, the following new subsection immediately matter. (Several Hon. Members stood up in the final point is this: Hon. Members may know, but I do not after subsection (7)- The Temporary Deputy Chairlady their places) The letter states and I quote:- know. That is why I am asking. So, “(7A) A political party shall notify the (Dr. Laboso): Order, hon. Members! The Temporary Deputy Chair (Dr. “That is aimed at the personal interest be fair to me. Is it normal that by way Registrar of any member deemed to Mr. Namwamba: Madam Temporary Laboso): Order hon. Members! Allow of current Members, which is in direct of The Statute Law (Miscellaneous have defected from it to another politi- Deputy Chair, I will table this document him the one example. contravention of Article 116 of the Con- Amendments) Bill, we amend the cal party, and such member may, if ag- for your perusal. Mr. Namwamba: Madam Temporary stitution.” operationalizing Acts which we already grieved by such notification, refer the (Mr. Namwamba laid the document on Deputy Chair, I am on a point of order. That Chairman does not even know that passed in accordance with the Constitu- matter before the Tribunal for determi- the table) Unfortunately for those who are fans the whole of that Chapter is suspended. tion? I think it is good to clarify that, so nation.” This provision is made to pro- For the benefit of hon. Members, let of heckling--- I want to draw your at- It is not in force. Now, the worst the that Kenyans know that we are not vio- vide for a procedure where a Member is me just quote a section of the letter:- tention to one particular amendment as Chair of CIC can do is to demonstrate lating the law. deemed to have left a political party, di- “The Commission is, therefore, greatly proposed by Hon. Mutava Musyimi as his illiteracy about the Constitution to Particularly, I am of the opinion that rectly or by interpretation, as to how that alarmed by the proposals by the Nation- an example. the National Assembly. there is more than meets the eye. I think process will be dealt with. We recognize al Assembly to use the Statutes Miscel- (Several hon. Members stood up in their (Laughter) it is very clear and that clarification the role of the Registrar of Political Par- laneous (Amendments) Bill to amend places) It is important--- should come to us. ties as well as the Tribunal. These two crucial provisions of the Elections and The Temporary Deputy Chairlady The Temporary Deputy Chairlady The Temporary Deputy Chairman provisions make it mandatory to ensure Political Parties Act. Worryingly, some (Dr. Laboso): Order! Order, Members! (Dr. Laboso): Order, Members. (Dr. Laboso): Order, hon. Members! that the role of the Registrar of Political of the proposed amendments are clearly An Hon. Member: That is useless! Mr. Abdikadir: It is very critical. Hon. Members, this very matter that we Parties is, as it is now, to process that not intended for the purpose of reform- The Temporary Deputy Chairlady Madam Temporary Deputy Chairlady, it are raising here was raised with the information but refer any dispute to the ing the law but rather aimed at the (Dr. Laboso): Be careful Members. I is important for the Chair of CIC and all Speaker and he gave a ruling. So, that Tribunal, which will be the one to arbi- personal interest of currently serving will throw somebody out of the House, Commissions to understand the Consti- we put an end to what is going on now, trate. Members of Parliament which is a di- if you continue to heckle. We are going tution gives them important mandate. allow me to just read what the Speaker (Question of the further amendment rect contravention of Article 261 of the to hold ourselves in dignity and we are But the ruled. It reads: “Standing Order No.47 proposed) Constitution. going to debate with decorum. Constitution has given legislative au- emphasizes this point by providing that Mr. Lang’at: Madam Temporary The CIC is particularly concerned by Hon. Namwamba, complete what you thority to the National Assembly. Pe- the Speaker, if he is of the opinion that Deputy Chair, I want to oppose that the proposal to introduce---” are saying but do not use hon. Musyi- riod! The any proposed Motion is contrary to the proposed amendment by Mr. Baiya. (Loud consultations) mi’s example because we are going to Constitution has given executive au- Constitution, without expressly pro- This is because although the Member The Temporary Deputy Chairlady debate it next. So, do not use that. thority to the Executive. The Constitu- posing appropriate amendments to the argues that it is giving a procedure, it is (Dr. Laboso): Allow him to read the text. Mr. Namwamba: Madam Temporary tion has given judicial authority to the Constitution, may direct either that the actually giving the Registrar of Political It is not his words. There is somebody Deputy Speaker, I have been challenged Judiciary. They cannot purport to decide Motion is inadmissible or that notice of Parties sweeping powers without any else who wrote it and he has already ta- to give an example on the record. Hon. what the Judiciary does for the Judici- it cannot be given without such altera- procedure at all to deem somebody as bled the document. Musyimi’s proposed amendment is on ary; what the Executive does for the Ex- tions as the Speaker may approve. That having resigned from a political party. Mr. Namwamba: Madam Temporary record. I want to use it as an example. ecutive or what the Legislature does for said, I must agree with the remarks of I think there must be a better procedure Deputy Chairlady, I am putting this on The Temporary Deputy Chairlady the Legislature. Theirs are constitutional the Attorney General made last Thurs- that will ensure justice to the Member record and no amount of heckling will (Dr. Laboso): You will get the chance to mandates that are unlimited. When they day, that a conclusion that a provision and to the party. turn this House into a House of legisla- use it when it comes, hon. Namwamba. say they are doing this or that on be- of a Bill is unconstitutional, should not Mr. Ruto: Madam Temporary Deputy tive banditry or legislative piracy. Mr. Namwamba: Madam Temporary half of the people, the Members of this be casually or hastily arrived at, with- Chair, I also beg to oppose the pro- “The purpose of this letter is to, there- Deputy Speaker, in that case, therefore, House were elected by more than 10 out considering all the points of view. It posed amendment because I think it is fore, request you to reject any proposals will you allow me to raise a series of million Kenyans. No other institution cannot be the case that every claim of the courts of law which have elaborate to the Statutes Miscellaneous (Amend- issues, which I believe raise weighty in this land has the direct mandate of unconstitutionality suspends the pro- procedures for enforcing the law. If you ments) Bill to amend the law through a constitutional issues, which must, as of the people than this National Assembly ceedings of this House until a ruling is allow political parties to start deeming process contrary to the one set out by the essence, invite a substantive ruling by has; not CIC, not the President, not the made by a Speaker. It may well be the members to have resigned from them- Constitution and not to allow passage of the Chair? Speaker and, certainly, not any of the case that the claim, on closer scrutiny, is -- Some of the political parties already any provisions in the Bill that conflict Madam Temporary Deputy Chairlady, other individuals we are quoting here. made on account of an erroneous inter- have some dim view of democracy; with the Constitution. I wish to point out I wish to indulge you on that question; pretation of the Constitution or is, oth- therefore, you do not expect them to that since the process being followed as at what point these issues must go on So, Madam Temporary Deputy Chairla- erwise, unfounded. It is for this reason deem any other person. I, therefore, sug- currently contravenes the requirements record. I wish you to indulge me on that. dy, we, as a Committee, say we are con- that the Speaker may allow other points gest that this deeming business be taken of Article 261(1) and (4) and Section 5 The Temporary Deputy Chairlady stituted, but the decisions in this House of views to be advanced or proceed- out of political parties. They should just and 6 of the Six Schedule to the Consti- (Dr. Laboso): Hon. Namwamba, allow are decided by the majority at Commit- ings to continue, as he reflects on the be allowed to go through the normal tution and since some of the proposed the Chair of the CIOC to make his point. tee. Let us move on; let us not try to use claim of unconstitutionality. That was, courts of law. amendments contradict the letter and Please, address yourselves to the matters technicalities to stop things that we do indeed, the case in the present matter. Mr. Namwamba: Madam Temporary spirit of the Constitution, the CIC will raised by hon. Namwamba, so that we not want. That is the way legislation I wish to urge the Members, however, Deputy Chair, I have persistently been be duty bound to seek court intervention can all--- is done. They say it is not beautiful. In that points of order on the basis of un- trying to get you to address this question in the event that Parliament passes the Mr. Abdikadir: Madam Temporary fact, the saying is that you might not constitutionality be carefully considered of constitutionality. Perhaps, this is the offensive provisions”. Deputy Chairlady, the Commission for want to watch legislation or sausages before they are raised. It is possible that right time for us to just pause and con- (Loud consultations) the Implementation of the Constitution being made because they are not tidy. the proceedings of the House could be- sider these issues of constitutionality. An Hon. Member: Waende huko! (CIC) is an important institution under But that is how legislation gets done! come adversely affected if, instead of Madam Temporary Deputy Chair, I am Mr. Namwamba: Madam Temporary the Constitution and the Chair of CIC is (Applause) points of arguments being advanced in in possession here of a letter from the Deputy Chairlady, we may heckle at a lawyer. But among the functions of the The Temporary Deputy Chairlady debates on the Floor and contrary views Commission for the Implementation of the top of our voices but that does not CIC does not include the supervision of (Dr. Laboso): Yes, hon. Midiwo. expressed on the same manner or by the Constitution (CIC). This letter is ad- take away the fact that this House is duty Parliament. (Several hon. Members stood up in their voting for or against specific provisions, dressed to the Speaker of the National bound to listen to questions of constitu- (Applause) places) matters are, indeed, raised as challenges Assembly. This letter, which I will pro- tionality. Let me just remind you that in The Temporary Deputy Chairlady Order, Hon. Members! I have given the on constitutionality.” ceed to table a ruling of the Chair dated Thursday, (Dr. Laboso): Order, hon. Members! Floor to Hon. Midiwo. Hon. Members, that was part of the rul- A Hon. Member: Where did you get it? 17th February, 2011, the Chair had Mr. Abdikadir: Madam Temporary Mr. Midiwo: Thank you, Madam Tem- ing of the Speaker. In the interest of Mr. Namwamba: Those who are heck- this to say on a similar communication Deputy Speaker, in the function of leg- porary Deputy Chairman. I would like moving forward, allow us to use the rul- ling in this House may want to refer to from the CIC and I quote a ruling of islation and especially in the function of to seek one clarification from the Attor- ing of the Speaker and continue. the Constitution and know that the Con- the Chair:- “I rule that the pronounce- legislation dealing with political parties, ney-General, so that we move forward (Several hon. Members stood up in their stitution guarantees every citizen of this ment of the CIC on a matter such as the the National Assembly and Parliament to whichever way. I agree with hon. places) land the right of access to information. present matter has relevance and are of has plenary powers – unfeted powers. Abdikadir that legislation is done in one Therefore--- persuasive value and should be consid- Madam Temporary Deputy Chairlady, way. But I want to seek one fundamental Turn to Page 14

The Link, July 2012 SUPPLEMENT 15

PARTNERSHIP FOR PEACE A monthly supplement funded by the European Union and Konrad Adenauer Stiftung The Partnership for Peace Project score-card mainstream media. The newspaper HREE years down the MANAGER’S COLUMN and confron- the grievance level before overt flare- lane and I ask: Did the tational con- ups. Also other actions implemented has also become an interactive medi- Tfinancial contribution flict stages by other actors have complemented um for information exchange between from the European Commis- build up too to this achievement; the civil society organizations in the sion and the Konrad-Adenau- By long before The civil society organizations are three regions. er-Foundation facilitate to fill they were ad- able to provide the state with institu- Four bullet points do not capture the gaps that were identified HANNA dressed. tional data to help it develop compre- all the outcomes and impact of this in 2008? CARLSSON Therefore, hensive policies on community crisis project and many of you readers could The gaps identified were this action situations. The provincial administra- add a number of additional points on that the state’s single track “Strengthen- tion is continuously in contact with what this action has achieved and mechanisms in community ing non-state the civil society organizations to col- how it has changed the situation in conflict management and cri- actors’ capaci- lect relevant data, to ask for assist- your community. sis prevention had failed over there ties to prevent and resolve conflicts ance in responding to early warning The action has not only changed years. Inter-ethnic violence had kept in areas affected by the post-election signs, and spearhead reconciliation diffused entities as communities but recurring every election year for the violence in Kenya” focused on build- meetings; also lives of individuals. The new last 5 elections. Secondly, the state ing the capacity of civil society organi- The civil society organizations gained knowledge has made individu- lacked institutional data to help it de- zations in the regions of Rift Valley, are coordinated and act cohesively als to: make life-changing decisions velop comprehensive policies on com- Nyanza and Western (the limitation of through established networks. The as forgiving their neighbor; change munity crisis situations. The trends target area dependent on the fact that civil society organizations in the five the perspective on their own situation were not codified in any systematic at the time the regions accounted for networks established are able to bor- activating them to tackle the challeng- manner. All conflicts were treated as 90% of the community conflicts occur- row from each other strengths and es facing their community, advance in security threats and were dealt with rences). 133 civil society organizations report to reference points to make their professional career. by the government’s security appa- and an undisclosed number of individ- sure that there are not duplications of I am proud to have been a part of ratus. Socio-economic dimensions to uals have benefited from the trainings interventions. The networks can also this process and I encourage all our community conflicts were hardly con- and the gained visibility through the ask for support and help in a severe civil society organizations to continue sidered. action. situation from regional local expert the hard work. It is only by our united Thirdly, there existed no back-up When concluding the outcome of pools. The experts are particular re- efforts we will see a new Kenya. support in terms of locally coordinat- this action I would like to highlight spected for their knowledge and skills ed expert personnel and lastly initial some achievements in reference to the in conflict management, and their The writer is the International phases of conflict particularly before identified gaps:In the three regions ability to work with all ethnic commu- Manager of the Partnership for Peace open conflict were not attractive to there are now capacitated civil socie- nities. Project. For comments or suggestions the commercially oriented media. In- ties which are able to engage earlier, The monthly Link Newspaper has write to: [email protected] formation about threats and potential when early warning signs are seen, gained a deeper recognition in the conflict was not public early enough than the old reactive state strategy. target area and is trusted to report to call for a response. It made latent It is able to mobilize communities at on sources of tensions, before the INSIDE THIS ISSUE: Peace committees push Atwoli tips Nyanza on peace, democracy for peaceful elections — 16 BY AGGREY BUCHUNJU Deputy MusaliaMudavadi as “normal” The trade unionist underscored in democracies. the importance of continued cordial THE people of Western and Atwoli, however, quickly added relationship between the Luhyas and Orengo urged to probe Nyanza provinces have been that the political game should not be the Luos saying the two communi- Trans-Nzoia land urged to maintain peace and allowed to undermine peace and har- ties have shared values and they are unity ahead of the elections. mony between the people of Western interdependent in terms of regional allocation scum Speaking in Kakamega Coun- and Nyanza. trade. — 17 ty recently, the Central Organi- He asked the people of the two Atwoli observed that for Western zation of Trade Union (COTU) regions to view the emerging politi- and Nyanza Provinces to achieve secretary General Mr. Francis cal issue in the context of democracy socio-economic and even political de- Ochanda cautions on Atwoli described the present and remain united for the sake of velopment there must be unity and political intrigues pitting Prime their own socio-economic develop- dangers of subverting Minister RailaOdinga and his ment Turn to Page 16 the constitution — 18

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The views expressed in this publication do not necessarily reflect the views of the European Commission. The Partnership for Peace Project is responsible for the views reflected in this supplement. 16 The Link, July 2012 SUPPLEMENT

Atwoli tips Nyanza on peace, democracy From Page 15 peaceful co-existence. “Luhyas and Luos need each other in order to prosper and that is why the political differences between Raila and Mudavadi should not be allowed to divide the communities,” he said. He challenged the communities to accord the two leaders audience and respect as they sell their ideologies saying name-calling may promote hatred and hence deny the region victory in the presidential race. The COTU boss appealed to the communities in the region to support the two leaders’ guest for the presi- dency and not to condemn them. Atwoli further appealed to the two leaders to embrace competitive politics by selling their ideologies in a civilized manner. The way the two leaders behave and articulate issues, Atwoli added will entice the voters who will deter- mine who between the two goes to state house. He challenged the leaders to con- duct peaceful campaigns so as not to divide the communities along tribal lines reiterating that at one point the communities will need each other. Mr. Atwoli at a press conference. Photo/File Peace committees push for peaceful elections By JOHN NYAMBUNE credible leaders. warning and early response, and negative ethnicity and the polariza- Musumba however points out elec- gearing up efforts of reconciliation tion of politics. S Nakuru County braces itself tions of county representatives now among communities. He revealed that major conflicts for another election, peace presents a major challenge to the He further noted that his office in the region revolved around land, Acommittees have embarked on gains made in restoring peace in the has created county peace forums to boundaries, youth unemployment, rigorous campaigns to forestall any area. bring every community on board. He population, the Mau evictions, cattle escalation of conflicts in the area. “In Nakuru County, the issue of stressed on the need for accountabil- rustling and pastures. The chairperson of the Rift Valley who becomes governor is based on ity in these forums, which could even- Musumba observed that his of- Provincial Peace Forum, Samuel Mu- ethnicity and not leadership creden- tually foster cohesion among Nakuru fice’s approach is to create a platform sumba, says that the committee is tials,” he adds. County residents. of collaboration, networking and part- currently engaged in awareness cam- Musumba appealed to all commu- The Administrator turned peace nership with all stakeholders in ad- paigns to sensitize the public on the nities in the county to entrust one of ambassador agrees with the National dressing all the conflicts in the region. need to maintain peace both during their own to negotiate for a peaceful Security Intelligence Service (NSIS) He accused ‘briefcase’ Community and after elections. outcome. They need to create a con- report that states Nakuru is one of Based Organisations (CBOs) of con- Musumba says that the peace fo- ductive environment during and after the major hotspots in the country. tributing partly to the problems of rums have been mandated to carry the electioneering period. He said that even though there are Post-Election Violence (PEV) by being out civic education aimed at prepar- He points out that national politics issues of concern, they will not de- partisan in their approach to resolving ing the ground for peaceful elections. have in the past influenced county generate to levels experienced during conflicts. He revealed that there are 15 politics despite the fact that they are the 2007/2008 post-election violence The administrator pointed out peace groups working in the region, pegged on identity rather than being because of the peace mechanisms that the lessons learnt in 2007/2008 among them National Council of issue oriented. in place and the lessons learnt from propelled the government to form Churches of Kenya (NCCK), USAID, Musumba discloses that peace the International Criminal Court (ICC) a structured and well-coordinated and Anglican Church of Kenya (ACK). committees have put in place mecha- process. peace approach. Sharing information They are carrying out campaigns nisms aimed at strengthening peace Musumba disclosed that conflicts from the grassroots to the national aimed at enlightening voters to elect structures through training, early are dynamic, but are worsened by level will help to avert conflict.

This project is funded by the European Union This project is implemented by Konrad Adenauer Stiftung and her partners and associate

The views expressed in this publication do not necessarily reflect the views of the European Commission. The Partnership for Peace Project is responsible for the views reflected in this supplement. The Link, July 2012 SUPPLEMENT 17

Orengo urged to probe Trans-Nzoia land allocation scum By JOHN NYAMBUNE

HE government has been asked to probe the alleged irregularities in Tthe resettlement of landless peo- ple at Chepchoina settlement scheme in Trans-Nzoia County. The programme unveiled by Lands Minister James Orengoin March this year has sparked public uproar following claims of corruption and political influ- ence. A local politician has been accused of importing people from Kakamega Coun- ty to push for their resettlement at the scheme. Documents available at the local lands office indicate that some of the benefici- aries of the resettlement scheme include allies and workers of the politician. Lands Ministry last year revoked al- locations to former and serving gov- ernment officials by the former KANU regime to facilitate the resettlement of landless people from various communi- ties in the county. Most of the beneficiaries of the land at the scheme were former and serving government officials who were allocated between 10 and 50 acres. Some of the land has in the past remained idle after beneficiaries aban- doned them due to insecurity. While unveiling the resettlement ex- Lands Minister James Orengo with Lands Development and Governance Institute Board chairman Ibrahim Mwathane in past function. ercise, Orengo said that about 1600 Photo/File landless people were targeted for the distribution exercise. It has been politi- Land Minister to stop the exercise. Gabriel Risie was reluctant to provide allocations. cally manipulated and we are moving to Former Kitale mayor threatened to details on the resettlement programme The beneficiaries are expected to be court to stop the resettlement exercise,” name the politician behind the scam ar- but maintained that right procedures allocated between 2 and 5 acres of land. vowed Mutasia. guing that it is useless for the govern- have been followed in the whole exer- The allocations have elicited protests Mutasia regretted that politicians ment to allocate land to well-connected cise. from the over 30,000 squatters in the have hijacked the programme to suit individuals while deserving groups are He said 1681 people are set to benefit county, with the group claiming that it their political interest at the expense of left out. from the resettlement programme and has been ignored. the targeted group. ‘It is a big shame for a politician to already 400 people have been shown A furious Trans-Nzoia Squatters Alli- ‘It is a sham. It is unfortunate for a have his housemaid allocated land when their parcels of land. ance chairman Mr. Christopher Mutasia politician to import people from his na- some people are painfully suffering “We are appealing to those people termed the resettlement as a sham and tive home and political allies to be al- while living on road reserves. We want with allotment letters to show up and called for its nullification. located land, when deserving people the whole exercise cancelled,” demand- get in touch with the District land ad- “ Not even one squatter from my live in squalid conditions along road ed councilorWerunga. judication officer in order to hasten the group has benefitted from the land reserves,” lamented Mutasia urging the Kwanza District Commissioner Mr. exercise,” said Risie. Land dispute threatens peace in Mt. Elgon region By NYAKWAR ODAWO to this writer by the residents indicate 1998 adding that by the year 2000 they hence bringing people closer to God and that two graduates from Texas Universi- registered the organization with the min- thereby promoting peace in the region,” HE residents of Kopsiro area in Mt ty namely Rev. Stephen KomonMatwakei istry of social services. they said. Elgon have appealed to Lands min- and Pastor Peterson Korrok have set up “Between 2002 and 2005, we part- They said the main reason for coming Tister James Orengo to help them a bible training centre at the disputed nered with other organizations and up with the initiative was purely to pro- reposes parcels of land in Kopsiro and site. donors among them a Kitale based In- mote bible studies in the region, add- Chebyuk respectively, which they claim The two graduates told The Link that ternational Christian Ministries who wel- ing that later on a senior church official have been grabbed by well-connected after graduation, they acquired the said comed the initiative and agreed to sup- individuals. parcels of land where they established port us to develop our new found project Turn to Page 18 A copy of the memorandum availed the bible training college way back in which would act as a change agent

This project is funded by the European Union This project is implemented by Konrad Adenauer Stiftung and her partners and associate

The views expressed in this publication do not necessarily reflect the views of the European Commission. The Partnership for Peace Project is responsible for the views reflected in this supplement. 18 The Link, July 2012 SUPPLEMENT PARTNERSHIP FOR PEACE Ochanda cautions on dangers of subverting the constitution By AGGREY BUCHUNJU problems. “The more levels of governance you THE constitution is very clear about the create the more problems you create,” the formation, operation of the two levels of KAS official observed. government and what is required of each He told the representatives of Bungoma government. CSOs that both levels of the government Mr. Gideon Ochanda of Konrad Ade- should perform their functions, and exer- naur Stiftung (KAS)said this this recently cise their powers without infringing on the by during Bungoma County Civil Soci- rights of the other level as outlined in the ety Organizations (CSOs’) meeting in article 189 of the constitution Bungoma Town. To avoid friction between the two lev- Ochanda challenged Bungoma County els of government, Ochanda emphasized residents to jealously guard the constitu- the need for the two governments to be tion with a view to ensuring that the docu- in constant consultation as enshrined in ment is not tampered with by the powers article 189(b) and [c) of the constitution. that be. He urged the participants to read the He reminded the participants at the fourth schedule of the constitution in or- one day meeting facilitated by KAS and der to be conversant with the functions of Dialogue Africa Foundation (DAF) that the national government and the county anything about Bungoma County must Governments. be decided by the county residents them- On leadership, Ochanda challenged selves. the CSOs to ensure that all people aspir- Consequently, Ochanda dismissed talks ing to be elected as County leaders meet of sub-county structures and the recent the conditions spelt out in chapter six of appointment of 47 County commissioners the constitution. by the government as unconstitutional. Ochanda at the same time reminded Ochanda warned that creation of more Bungoma County residents that it is now levels of governance which are not en- illegal for somebody to register in more shrined in the supreme law may create than one political party as member. Mr. Ochanda, KAS Deputy Resident Representative. Land dispute threatens peace in Mt. Elgon region From Page 17 eviction from Mt.Elgon during the clash- Officer (name withheld) who had ques- scheme at the expense of the affected es and the post election violence to evict tioned the move and was willing to help squatters in the region adding that he allegedly forged their signatures and a us from our land. He is using the fake us reposes the land was finally trans- even went to the extent of making emp- memorandum purporting that the two document to cheat and compromise ferred to another station. ty promises. founder members had surrendered the some politicians in the area and also us- They at the same time claimed that “We are appealing to Lands Minister bible training college to the International ing his position to influence and compro- the senior church ministry official man- James Orengo to move with speed and Christian Ministries. mise the local provincial administration aged to acquire fraudulently about 20 help us reposes our land that has been “The move by the said senior min- to ensure we lose the land completely,” acres of land in Kopsiro and 50 acres snatched from us fraudulently,” they istry official has seriously affected the they claimed, adding that a local District in Chepyuk phase (3) new settlement said. majority of our family members and the community at large. I am preparing this grievance letter with a heavy heart and CONTACT ADDRESSES: to the point of tears, unable to believe Partnership for Peace, Konrad-Adenauer Stiftung, Mbaruk Road 27 what is happening and wondering why P.O. Box 66471 - 00800, Nairobi, Kenya, a person whom we had welcomed as a friend has finally opted to turn against Telephone. +254 - 20 - 2610021 us, ejecting us from our land through Fax: +254 - 20 – 2610023 irregular deals,” they wondered, adding e-mail: [email protected] that they have been bundled out of their land yet they had they had exhausted all PARTNERS the resources they had for the sake of Mt. Elgon Residents Association (MERA) Community Initiative Action-Group (CIAG-K) Catholic Justice and Peace Commission (CJPC) the college. Chem Ngeywo, Project Coordinator Edwin Adoga, Project Coordinator Mr. James Kimisoi, Project Coordinator The two further claimed that between Western Province Nyanza Province Rift Valley Province 2007 and 2009 the senior church minis- P.O. Box 21-50201, Cheptais, Mt. Elgon Milimani (Hosted by CADIF Kenya, The Catholic Diocese of Eldoret try official made sure they were totally Mobile : 0720-744827; 0734-517489. next to Plan Intern. Milimani) P.O. Box 842-30100, Eldoret. barred from setting foot in the bible col- Email: [email protected] P.O. Box 9104-40140, Kisumu. Tel 2031272; 0722-448110 Tel: 0705-266 057 or 0735-865 026 E-mail: [email protected] lage which was their own brainchild. E-mail: [email protected] “This man took advantage of our

This project is funded by the European Union This project is implemented by Konrad Adenauer Stiftung and her partners and associate

The views expressed in this publication do not necessarily reflect the views of the European Commission. The Partnership for Peace Project is responsible for the views reflected in this supplement.

The Link, July 2012 20 DEVELOPMENT Proceedings of debate on amendments to political parties and elections laws From Page 19 I am proposing a deletion of Section are in the light of the sections of the Bill. lowing the amendments as they appear help the House. When an hon. Member 29(2). I think if one or two Members may not on the Order Paper. So, we had no way is proposing so many amendments to THAT, the bill be amended in the The Temporary Deputy Chairman be following, that is not a good reason to of even knowing what you were calling. an Act of Parliament, would it not be a Schedule by inserting the following new (Mr. Ethuro): Hon. Dr. Nuh, if you can assume that all of us are not following. We are not in guillotine; you proposed better procedure for that kind of thing to amendments in their proper numerical just highlight the ones you think are Mr. Ogindo: On a point of order, Mr. an amendment which is not in the Bill go, first, to the Legal Committee, so that sequence - significant, we can read the rest that are Temporary Deputy Chairman, Sir. I itself. they can scrutinize these things in detail, (ii) by inserting the following immedi- obvious. have a small point of order on proce- (Loud consultations) so that when the House comes to discuss ately after the amendment proposed to Dr. Nuh: Mr. Temporary Deputy Chair- dure. I was very keen on this amend- The Temporary Deputy Chair (Mr. them, it is guided by the Legal Commit- section 22(1)- man, Sir, as regards Section 31, we are ment by Dr. Nuh that seeks to lower the Ethuro): I think hon. Midiwo may be tee? If an hon. Member is only suggest- S. 22 Insert the following new sub-sec- talking of--- qualification requirements. having a point. The question is that we ing one amendment, it is easier for the tion after sub-section (2)- Mrs. Odhiambo-Mabona: On a point Mr. Temporary Deputy Chairman, Sir, have a section 10(1) which we disposed House to deal with it, but if he sits down (3) Despite the provisions of this section, of order, Mr. Temporary Deputy when you put the Question - and the of; we went to Section 22(1) which was alone and makes 1001 amendments to a person who immediately prior to the Chairman, Sir. I would really like to HANSARD will bear me out - you did disposed of. Where are we? Are we on an Act of Parliament, he ought to submit first general election held under this Act raise an issue of concern. Hon. Dr. Nuh not propose the Question. You went Section 29? them to the Legal Committee.. held the office of member of Parliament has several amendments which he is straight and put the Question. That is The Minister for Trade (Mr. Wetan- Mr. Keter: On a point of order, Mr. or member of a local authority shall dealing with all at once. In some of those how we missed it. I was up on my feet.. gula): Mr. Temporary Deputy Chair- Temporary Deputy Chairman, Sir. qualify for nomination as a candidate for amendments, we are not even aware of The Temporary Deputy Chairman man, Sir, There was also an amendment by hon. election as a member of Parliament or as what we are passing. I think we will (Mr. Ethuro): Order Members! What we I think we are having a convoluted Chanzu to Section 22 which you did a member of a county assembly respec- realise tomorrow that we do not know have before us are Sections 23 and 29. process. This is because if you look at not even table. You moved to Sections tively in the what we are passing. We need to look at The Minister for Medical Services what--- 28 and 29 without ventilating on all the first general election held under this Act. those amendments one by one. We need (Prof. Anyang’-Nyong’o): On a point The Temporary Deputy Chairman amendments which are dealing with that S. 23(3) Insert the following new para- to be informed of what we are passing. of order, Mr. Temporary Deputy Chair- (Mr. Ethuro): Hon. Wetangula, I hope section. Just like we have been dealing graphs after paragraph (c)- We do not want to come back later and man, Sir. I think Hon. C. Kilonzo has that you have the Bill because that is with all the sections, you should clear all (d) a governor; start giving excuses that we passed raised a very serious matter. This House where we are following the amend- the amendments so that you adopt it as it (e) a deputy governor; things in a hurry at midnight. Even if we must be responsible to this nation. This ments. is. So, I beg that we go back to Section (f) a member of a county assembly. are passing them at midnight, we need to House should not pass laws in its own The Minister for Trade (Mr. Wetangu- 22, clear all the amendments and then Dr. Nuh: Mr. Temporary Deputy Chair- know what we are passing at midnight. interest. We should pass laws for the la): Mr. Temporary Deputy Chairman, move on. man, Sir, with respect to Section 23(3), Mr. C. Kilonzo: Mr. Temporary Deputy sake of posterity. Sir, I do have the Bill and know why I The Temporary Deputy Chairman I am again guided by the Constitution Chairman, Sir, I think hon. Mrs. Odhia- (Applause) stood up. (Mr. Ethuro): Hon. Members, let me although I was seeing that even the Con- mbo-Mabona has said it all. I think what Mr. Temporary Deputy Chairman, Sir, The Temporary Deputy Chairman proceed. The argument by hon. An- stitution has denied some rights to peo- is happening is either Members are fa- we are moving from county councils (Mr. Ethuro): So, you have to give us yang’-Nyong’o is fine. However, once ple who should have had it. But I want to tigued--- We are now passing these laws now, which are smaller institutions, to the page number because actually, I am we reach here, any Member including withdraw because it is in contravention without even understanding the implica- county governments. If we are going trying to dispose--- your good self can bring an amendment of Section 137 and Clause 2 and 3 of tions. to have a governor with high qualifica- The Minister for Trade (Mr. Wetangu- and you cannot go back to the Com- the Constitution. So, I withdraw amend- Like now, we have given a blanket tions and with some of the councillors as la): Mr. Temporary Deputy Chairman, mittee. It is up to the House to decide. ment to Section 23(3). waiver on qualification on Members of you know them today, we will not have Sir, let me finish. If you look at page Whether you are a lone ranger amend- (Proposed amendment to Section23(3) Parliament. proper county governments. 3678 of the Order Paper, we have passed ing the entire Bill, that you cannot take by Dr. Nuh withdrawn) When Hon. Dr. Nuh was moving his An Hon. Member: Exactly! hon. Dr. Nuh’s amendment on Section away from an hon. Member. In fact, you The Temporary Deputy Chairman proposed amendment, he never gave the The Minister for Medical Services 22. But on the Bill, we also have an is- should be congratulated for attempting (Mr. Ethuro): The hon. Member has rationale. (Prof. Anyang’-Nyong’o): So, Mr. Tem- sue on Section 22. I do not know if we to do so. withdrawn the proposed amendment to So, we need to be very careful because porary Deputy Chairman, Sir, I think will go back to that, because you ought On the one for Hon. Keter, we should Section 23(3) and so I will only propose we do not want to be accused of passing this is something that whatever we have to have dealt with the Bill--- When you have mentioned that once we adopted Section 22. bad laws. done-- finish with the Bill, you go to the hon. the one for Dr. Nuh then the one for hon. (Question of the amendment proposed) Mr. Temporary Deputy Chairman, Sir, (Several hon. Members stood up in their Members’ amendments. That is normal- Chanzu collapsed because it is basically (Question, that the words to be inserted to be very precise, it is wrong to be places) ly the procedure. the same. be inserted, put and greed to) discriminatory, whereby we put quali- The Temporary Deputy Chair (Mr. Mr. Temporary Deputy Speaker, Sir, The only valid point now is that there (Provisions relating to Section 22 of the fications for Members of Parliament, Ethuro): Order, Hon. Members! secondly, when you have a raft of is an amendment to Section 13 by Hon. Elections Act, as amended agreed to) which are different from somebody out- Mr. C. Kilonzo: On a point of informa- amendments, like Dr. Nuh, he has to Ms. Martha Karua who should have Sections 28 and 29 – The Elections Act, side there. Just to expand on that, it is tion, Mr. Temporary Deputy Chairman, deal with one after the other. He says: come between 10 and 22. So, we can 2011 one thing to say that the qualifications Sir. “This is my amendment and this is what move to that and then we move in that Dr. Nuh: Mr. Temporary Deputy Chair- for Members of Parliament are exempt The Temporary Deputy Chairman I want” then, we debate or vote and order. man, Sir, I beg to move:- from that provision of postsecondary--- (Mr. Ethuro): Order, Hon. Members! move on, otherwise, we may be at cross- Yes, Ms. Karua. THAT, the bill be amended in the The Temporary Deputy Chairman Order, Hon. C. Kilonzo! Let me be very purposes in what we are doing. Section 13 – The Elections Act, 2011 Schedule by inserting the following new (Mr. Ethuro): Except, hon. C. Kilonzo--- clear, Hon. C. Kilonzo; you will ask to Mr. C. Kilonzo: Mr. Temporary Deputy Ms. Karua: Thank you, Mr. Temporary amendments in their proper numerical (Mr. C. Kilonzo interjected) inform an Hon. Member and it is the Chairman, Sir, I am very glad that my Deputy Chairman, Sir, I beg to move:- sequence - No! No! The Chair cannot allow you to Chair to ask that Hon. Member if you good friend, hon. Wetangula, has really THAT, the Bill be amended in the (iii) by inserting the following immedi- do what is not permissible. We have al- can inform them. I did not allow you to made the case for me. We were doing Schedule as follows:- ately after the amendment proposed to ready finished that. I think the argument inform that Hon. Member and I think very well until we got to Section 10(1) (d) in the amendments proposed to the section 27- by Mrs. Odhiambo-Mabona, which I my job is to ensure that you follow the and then we stopped following the stat- Elections Act (No.24 of 2011), by in- S. 28 Re-number the present provision thought you were going to fortify, was procedures. utes to the Bill. We are expected to go by serting the following new amendment as sub-section (1). that we give more time per sections, Prof. Anyang’-Nyong’o, you are right! the Bill and if there is something related immediately after the amendment pro- Insert the following new sub-section af- which I am willing to allow. I would However, you should have done it when to that from the Hon. Members’ amend- posed to section 10- ter sub-section (1)- also like to remind the House that this the proposal was before us. I cannot go ments, we will look at it, but not through Section 13 (2) Despite sub-section (1), a political Bill could not be discussed yesterday for backwards, Prof. Anyang’-Nyong’o! the Bill. We went straight to the Order Insert the following new subsection im- party shall inform the Commission of one simple reason; that all the amend- (Applause) Paper. mediately after subsection (1) – any changes made to its party member- ments were to be published and circu- The Minister for Medical Services (The Temporary Deputy Chairman (Mr. (1A) In nominating candidates for an ship list not later than fourteen days be- lated. They were at the Reception for the (Prof. Anyang’-Nyong’o): On a point Ethuro) election under subsection (1), a politi- fore the nomination day. purposes of Members looking at them of order, Mr. Temporary Deputy Chair- (consulted with the Clerk-at-the-Table) cal party shall ensure that not more than S. 29(2) Delete against the Bill and against the statutes man, Sir. The Temporary Deputy Chairman two-thirds of its nominees are of the The amendments are on 3678 on the themselves so that, by the time we come The Temporary Deputy Chairman (Mr. Ethuro): Let me just clarify one same gender. Order Paper in respect of Section 28. here, we already know what we are talk- (Mr. Ethuro): I cannot! There are pro- thing. I am advised that the procedure The rationale for this is that the Consti- The input of this is important because ing about. That time was given. But I cedures in which you can even revisit; has been that, first, we deal with the tution says that not more than two-thirds of the freedom of movement and asso- am willing to consider the amendments that is up to you to look at them. But for amendments which are proposed by the shall be of one gender, either in the ciation as enshrined in the Constitution. to be moved per section. now, we are on Section 28 and we will hon. Members. If you heard actually, the National Assembly, in the County As- We have said in the Political Parties Act, Mr. C. Kilonzo: Mr. Temporary Deputy proceed accordingly. language is: “The provisions relating semblies or in the Senate. Members will for sanity of the register that will be used Chairman, Sir, what I am getting is this: (Several Hon. Members stood up in to the Elections Act”--- I have not put recall that we have a 349 chamber, ac- towards the nomination, we are saying We have the Statute Law (Miscellane- their places) the overall Question, where the amend- cording to the Constitution. If we leave that at least 14 days before nomination, ous Amendments) Bill here which had (Question, that the words to be left out ments that we have accepted plus the it for women to be nominated to make any update to the register that is valid given the requirements. So, we have be left out, put and negatived) provisions that are already on the Bill it- the one-third, we are likely to end up should be communicated to the Com- abandoned it and gone directly to the Hon. Members: That is being deleted. self can now all become part of the Bill. with a Parliament of over 400 Mem- mission for them to determine who is proposed amendments by individual The Temporary Deputy Chair (Mr. The provisions of the Bill that have no bers. That chamber has been renovated in the membership list of the party and Members. What I would have suggested Ethuro): That is being deleted, is it not? amendments will have to be carried the for 350 Members. Instead of waiting for who is not. is we do them together. If this happens, I am repeating; I therefore, wish to put way they are. Agreed? women to come through nominations, As regards Section 29, I propose the de- then we will agree. We cannot just leave the Question--- What is it, Prof. Anyang’-Nyong’o? let political parties give them a chance letion of both sections 1 and 2. In cases what is provided for because there was Mr. Midiwo: On a point of order, Mr. The Minister for Medical Services to fight for seats. However, nobody will where parties might not have candi- a provision on qualification under the Temporary Deputy Chairman, Sir. I (Prof. Anyang’-Nyong’o): Mr. Tempo- dictate to the parties where those wom- dates even at the county level or should Statute, which was never called. kindly beg you to listen to me. I know rary Deputy Chairman, Sir, I would re- en will be. Each party will check where I say in the constituency, why would it The Temporary Deputy Chairman that people are tired, but we are fol- ally need some guidance in this House. they have strong women candidates. be mandatory for them to be restricted (Mr. Ethuro): Order! Order, hon. Mem- lowing the Bill. We have not dealt with This is because if you look at the amend- Therefore, I beg to move this amend- to nominate members of other political bers. Section 22 in the Bill and Section 27 in ments by Dr. Nuh, they go through al- ment. parties or even an independent candidate My head is very clear on this one. We the Bill; we are already up there. That is most the whole Act. Maybe you should where a political party does not have any have followed everything according to where the confusion arose. We are fol- guide us from now on and maybe we TO BE CONTINUED IN THE NEXT ISSUE person to nominate in the first place? So the sections of the Bill. The amendments lowing the actual Bill, but you are fol- should establish a precedence which will The Link, July 2012 DEVELOPMENT 21

Embu ESP State rolls out plans to health centre set to open soon combat climate change By PETER MUTUKU By JOSEPH MUKUBWA tions in line with the constitution. impacts of climate change. been adversely affected by the cli- A HEALTH centre constructed He told the participants to be Central provincial director of mate change and areas which have at a cost of Ksh 21.2 million THE Government is in the process ready and willing to share their Meteorology Nguatah Francis re- been producing bumper harvest under the Economic Stimulus of developing a comprehensive experiences of the evidence and gretted that the central region has might lack food at this time. Programme (ESP) in Kithimu, Action Plan which will help to ad- Embu West District, is com- plete. dress the climate change phenom- The project has received enon. green light from the Embu The Government with support West District Inspection and from the development partners Acceptance Committee and and other stakeholders will de- will soon open its doors to the velop the plan in order to imple- public. ment the National Climate Change The committee, led by its Response (NCCRS) that was chairman Embu West District launched in year 2010. Commissioner Maalim Mo- Central PC Kiplimo Rugut said hamed and other line ministry the Action Plan has eight opera- heads, toured the health centre tional sub-components that once to inspect the project before ready will be mainstreamed into approving payments for the fi- the relevant socio-economic sec- nal phase. tors and funds identified for im- The chairman said that the plementation. committee has to ensure that “The Action Plan provides the the health centre is built to potential for collaboration with the required standards, so as Kenya’s development partners to ensure that the government to ensure full implementation of gets value for its money and addresses the thorny issue of the National Climate Change Re- corruption that has continued sponse Strategy,” he added. to affect government projects. He was speaking at Green “We have come here to Hills hotel in Nyeri town dur- make sure things have been ing the three - day county level done as per what we had antici- consultative meeting for Central pated, as we don’t want to pay Province. any money to the contractor for The administrator said the work that he has not done,” he process is designed to involve Participants share a cup of tea during a three day consultative meeting on climate change at Green Hills hotel said, adding that the comple- county stakeholders in consulta- in Nyeri. Photo/Joseph Mukubwa tion of the project is a major step in the realization of the vi- sion 2030. downstream and upstream users,” Embu West District medi- Water and Sanitation projects gets major boost said the district development officer. cal service officer, Elizabeth He at the same time said that wom- Githinji, said that the project en and girls who are often tasked with By NYAKWAR ODAWO cent have access to water leaving out 30percent mainly due to limited wa- received Ksh 8.1 million for an estimated population of 62percent ter resources, pollution of available the responsibility of fetching water for the first phase in 2009,and later the household in many places in the HE government, in collabora- with no access to potable water. water sources, distance from avail- received a similar amount for “According to the Global Envi- able water sources and high cost of rural areas are forced to walk for long the second phase. tion with the African Develop- distances and make long queues to ment Bank, Unicef, the World ronment outlook 2,000, Kenya is rat- installing, operating, treatment and “We later received an ex- T ed as a water scarce country in Africa. conveying potable water to the con- obtain the commodity hence wasting tra Ksh 5 million for the final Bank, Community Development The country has only five main water sumers,” he said, adding that this has economically productive time leading phase for the completion of the Trust Fund and other donors, has to cyclic poverty within the project set aside Ksh1.7billion to oversee towers that are currently under pres- made availability and quality of po- project, which now we have sure from human activities causing table water to the people within the area. come to inspect before we ap- the construction of the proposed Mt “Lack of access to potable water Elgon, Bungoma and Teso Water and degradation hence depleting available project area inadequate. prove the payments,” she said, water resources,” said Kimani, adding He added that within the project has also led to poor performance in adding that the health centre is Sanitation project. schools since most pupils spend most Addressing stakeholders during a that this has compounded the problem area, there is low sanitation coverage now ready to start giving health of water availability in the county. causing pollution of surface water of their time fetching water hence los- services to the needy. District Development Committee fo- ing time for their academic studies,” rum held at the Nambale Town Hall, He said in Kenya, 57 percent of sources hence the high prevalence She said that the health cen- the population have access to safe of waterborne diseases due to use of said Kimani. tre, which has been offering Busia District Development Officer He said the project will be imple- Charles Kimani said the project will drinking water. “However, access in contaminated water. dispensary services, now has a rural areas stand at about 48percent “The existing water supply sys- mented in four phases starting from maternity ward, the children’s be implemented in six districts name- 2012 and ending in December 2016 ly Cheptais, Bumula, Teso North, as compared to 82percent in the urban tem is being vandalized by farmers ward, and the men’s and female areas indicating an 82percent drop along the existing supply system to with each phase lasting one year, add- observation ward, among other Teso South, Nambale and Bungoma ing that during this time the commu- South, adding that it will traverse from 90percent in recent years partly tap water for irrigation especially dur- services that were not there be- due to rural-urban migration,” he ex- ing the dry season. “This has raised nity will be fully involved and techni- fore. Bungoma and Busia Counties. cal department will also be involved He said the project area has an plains. tension within the project area lead- The MOH pointed out that “Access to potable water within ing to water conflicts with dwindling in the overall supervision to ensure its the residents of Kithimu region estimated total population of over successful completion. 800,000 of which a total of 38per- the region is currently averaged at water resources especially between who have been travelling for more than 20 kilometres to the Embu Provincial General Hos- By AGGREY BUCHUNJU pital will now have health serv- THE government has allocated a to- Kitinda, Malikisi industries set for revival ices closer to them. tal of Ksh. 150 million to Bungoma He lauds the constitution saying of revenue and expenditure in parlia- the next three to six months and the “Pregnant women, particu- for the first time in the history of the ment for consideration. government has agreed on the way larly, have been suffering a lot County to revive collapsed industries. while using the20 kilometres Parliamentary budget commit- nation public recommendations have About the other collapsed indus- forward,” that is all he says. been taken into account during the try; pan paper mills, in Webuye Town Former workers of the factory rough road to seek maternity tee vice chairman Mr. Alfred Sambu services at the Embu PGH, and says the funds will be factored into review of estimates of revenue and of Bungoma County, Sambu claims however, dismiss Sambu’s assertions others have even lost their lives 2012/2013 national budget. expenditure. that the government has cleared all that the mill will start running soon as in the process due to the poor The beneficiaries of the funds are; “Citizens should be proud of the the debts that largely contributed to its pure lies. road network,” she posed. Kitinda Dairy Industry, which has new constitution because it allows collapse. They wonder why the government Githinji noted that the min- been allocated Ksh. 100 million while them to participate in all matters of Sambu, who is also the area MP, had to wait until around the campaign istry is now organizing itself to Malakisi Cotton Industry has been al- national importance including the does not say how much money the period to come up with the declaration deploy more staff to the health located Ksh. 50 million. budget,” he says. government has used to clear the debts to re-open the factory. The workers led institution. Those who have Sambu points out that the two The parliamentary budget com- in order to facilitate the re-opening of by Joseck Wafula say they are tired of been serving at the dispensary industries benefitted from the alloca- mittee is according to article 221(5) the one time largest paper factory in waiting for the re-opening of the plant are not enough to give proper tions owing to the public participation supposed to seek representations from East and Central Africa. which they claimed has been turned services to the public in such a in the national budget making process. the public before tabling the estimates “The factory will be running in into a campaign tool by leaders. big health institution. The Link, July 2012 22 DEVELOPMENT Nestlé Healthy Kids programme launched in Kenya By HENRY OWINO cation can improve knowledge and Trouilhat. tius. sages and pictures and also interactive bring behavioral changes associated Trouilhat clarified that the objec- “We are gearing up to launch of and interesting physical activities that ABOUT 3500 school children in 15 with eating habits. tive of Nestlé Healthy Kids Global the program in Democratic Republic children interact with on a day to day public primary schools are set to ben- Trouilhat explained that Nestlé Programme, which started in 2009, of Congo later this year and Zambia basis. efit from a balanced diet programme Healthy Kids Programme, is a glo- is to raise nutrition, health and well- next year,” proposed Trouilhat. Christine however, noted majority jointly initiated by the Ministry of bal initiative, and by the end of 2011, ness awareness of school-age children “We are aware that with every of the children, have mixed messages Education and the Nestlé Equatorial there were 65 programmes operating around the world. country or community facing a dif- when it comes to the foods they rec- African Region. in 60 countries and another 21 are in The intention he said is to im- ferent set of challenges, each solution ognize as important for their health. The program targets lower pri- the pipeline to run from 2012 to 2014. plement the scheme in all countries must be based on a thorough under- While many of the children know mary school children aged between He said Nestlé reached more than where the company have direct op- standing of local culture and issues, that fruits, vegetables and legumes are 6-10 years with the aim of improving six million children across the globe erations. As the largest food and and must also be tailored to local good for health, they tend to consume their nutritional levels and promoting in 2011 through the programme. The Beverage Company, Trouilhat felt it health needs of the children if the pro- a lot of processed snacks, fast foods healthy lifestyles. CEO said that the programme appre- was their duty to alleviate the dual gramme is to succeed in the schools and soft drinks. The programme was officially ciates the diverse needs of school go- problem of obesity and malnutrition, over time,” he suggested. “I am happy to note that this pro- launched by Education Assistant Min- ing children across different markets, which, together, affects over 2 billion The research will form part of the gramme is informed by deep insights, ister Calistus Mwatela at St. Georges hence the need to tailor the global people globally. reference materials in developing the collected during our baseline survey Primary School, Nairobi. The pro- programme to suit the needs of school “The Nestlé Healthy Kids Global course outline along with the partners conducted in the last one year and gramme is dubbed “Nestlé Healthy going children in Kenya. Programme forms an integral part who are Ministry of Education, the involving twenty primary schools in Kids Programme in Kenya. Trouilhat pointed out research of our commitment to improving Kenya Institute of Education and City Nairobi. The study has helped us to Mwatela underscored the need to identified education and awareness as global nutrition and health through Education Department to get the 15 identify areas that the programme provide children with balanced diet key area of concern and the company the promotion of greater awareness, schools for the first pilot phase. needs to focus on. To deliver the best for optimal growth. He said that most is pleased that the Ministry of Educa- improved knowledge and effective According to Christine Masta, results, the Healthy Kids Programme of the lifestyle diseases that are affect- tion and the Kenya Institute of Edu- practice of healthy eating and regular the Communication Officer, Nestle, in Kenya has been designed to address ing people today can be traced back to cation have partnered with them for physical activity among school going the information is provided in the the specific health needs of local chil- childhood eating habits. the successful implementation of the children in Kenya,” said Trouilhat. teaching materials and has also been dren, keeping in mind the resources “The rampant cases of poor nu- programme. He emphasized that education is developed and collated in collabora- available to them and the local imple- trition among school going children “As I stand here today before all a powerful tool for ensuring that chil- tion with key stakeholders including mentation team. Our local programme is negatively affecting education these young children, I am reminded dren understand the value of nutrition teachers, Kenya Institution of Edu- partners, through their knowledge, performance of our children. While of my childhood days, which are and physical activity, and continue cation, City Education, Ministry of expertise and first-hand experience, parents have a responsibility in pro- definitely the best years of a person’s leading healthy lives as they get old- Education, School Health Programme help us to better focus on local needs,” viding their children with healthy life. I am very pleased to be here to er. In Equatorial African Region, the and also the school going children at explained Christine Masta. diets, this role may be challenged by launch the Nestlé Healthy Kids Glo- Chief Executive Officer said the pro- various levels of education. She stated that the programme lack of proper information and also bal programme in partnership with the gram is already being implemented in She gave example such as a range is currently targeting class one, two, busy lifestyles,” said Mwatela, add- Ministry of Education,” said Pierre Zimbabwe, Mozambique and Mauri- of fun, colourful, recognizable mes- three and four during the initial phase ing that schools must actively take up of implementation. These Lower Pri- their role to bridge the knowledge gap mary children were identified as key that exists in the area of nutrition and target audiences because it is where healthy eating habits. behavior change is greatly needed, to The Assistant Minister alluded ensure proper eating habits are nur- that ‘Nestlé Healthy Kids programme tured at a very early age. in Kenya’ has been aligned to the cur- Christine said that the children will rent school curriculum, and provides at the same time be taught on healthy essential teaching materials including ways to handle food and the impor- posters, flash cards and interactive tance of good personal hygiene. games, which helps teachers to in- “Our hope is that parents and volve the children in interactive learn- teachers will encourage the children ing about healthy eating, physical ex- to take these feeding habits through ercise, hygiene and sanitation. to the upper primary school level and Mwatela explained that fifteen thus establish a new eating culture. schools in Nairobi will be participat- As the programme gets integrated ing in the implementation of the first into the daily culture of the children, pilot phase, involving 3500 children we hope it will give them the chance before the programme is replicated in to develop positive attitudes and be- other schools across the country. haviors towards food and exercise to According to Pierre Trouilhat, achieve and maintain a healthy body the Nestlé Equatorial African Re- weight into adulthood,” Christine gion, Chief Executive Officer, the urged stakeholders. ‘Healthy Kids Programme’ in Kenya, Grace Situma, the headmistress of is informed by research conducted on St Georges Primary School, thanked nutrition and physical activity among the company for such a move and children at the lower primary school assured parents, guardians and the level. Ministry that the program will be fully He said that the baseline sur- implemented. vey had established that inclusion of Situma urged the parents and healthy nutrition programmes into guardians to work together with teach- primary schools curriculum and other ers so that everyone plays their role for levels of formal and informal edu- the general school’s performance. Mr. Mwatela, Education assistant minister addressing the press in a past function. Flourishing Meru County readies for greater development By PETER MUTUKU intimates that the county has re- which have been built in Timau, The county is expected to re- the African Development Bank to ceived the greatest share of budget- Mikinduri, Kithongo and Mutuati ceive a major facelift with the Tana the tune of Ksh1 billion and is being THE Meru County has witnessed ary allocation towards roads con- areas. Water Services Board working As the county government takes tremendous development over the struction. The tourism sector has also re- on major drainage and sanitation shape, water issues are taking the past five years with the agricultural, The agricultural sector has also ceived a boost with Meru National projects for the town. centre stage with most of the aspir- infrastructure, education, health and benefitted from government fund- Park being the epicenter of tourism. According to the Chief Officer ants and organizations promising tourism sectors registering remark- ing with allocation of Ksh 188 mil- It is expected that whoever at the Tana Water Services Board to put in place measures that will able growth. lion to oversee the construction of becomes the Governor of Meru Eng. Moses Naivasha, more than ensure adequate supply of water for Substantive amounts of money the Gakoromone open air market. County will capitalize on the unex- Ksh 2 billion will go towards pro- both farming and domestic use with have been pumped in to key sectors Besides the Gakoromone mar- ploited potential in the tourism sec- viding clean domestic water and Buuri constituency being the focus with the roads receiving an approxi- ket, several regional markets are be- tor which prides itself for tourist at- improving sewerage systems within of irrigation due to vast idle land. mately Ksh18 billion. ing constructed under the Economic traction sites such as Lake Nkunga the major urban centers. According to Fr. Andrew Biko, Major roads that have benefit- Stimulus Package. and Lake Mbututia. He says plans are underway to the Catholic Church is putting up ted from the funding include Ruiri- Currently construction works Unlike the neighbouring Thar- redesign the sewerage system with- a major dam covering 40 acres in Isiolo-Muriri-Micii Mikuru, Meru- are ongoing at the Muthara market aka Nithi and Isiolo counties where in Meru town and relocate Gako- Nyambene Forest with support Marimba, Kionyo-Chogoria and in Tigania East, Kariene market in patients have to walk for long dis- romone dump site at a cost of Ksh. from other churches and organiza- Lewa-Isiolo roads which have been Meru Central district, Nkubu in tances in search of health facili- 12 million. tions abroad and urges the politi- allocated between Ksh1.5 billion Central Imenti, Kiirua market in ties, Meru County is endowed with The rehabilitation of the sewer- cal fraternity in Igembe and Meru and Ksh. 3.5 billion respectively. North Imenti amongst other simi- health centres which are separated age system has jointly been funded County support the project to has- Roads Minister Franklin Bett lar projects like the Jua Kali sheds by a span of five kilometers . by the Government of Kenya and ten the completion rates. The Link, July 2012 23 FEATURE Grinding poverty robbing Kenyan youth of their youthfulness By JOHN NYAMBUNE

FOR many days, Samson Anunda would sleep with pangs of hunger gnawing at his empty stomach. Luck came knocking, however, when the founder of Uzima Founda- tion, Humphrey Were, recruited him into a useful and purposeful group. Were, 79, is a retired civil serv- ant. He has dedicated his retirement to consulting for the United Nations and other agencies while transforming the lives of destitute youth through Uz- ima. Together with his wife, Profes- sor Miriam Were, they have touched thousands. Uzima, which means life in Kiswahili, literally injected life back into a group of youngsters who had given up any hope of living. It galva- nized them into a purposeful and fo- cused entity, driven by greater vitality, creativity and fulfilment. Expert Were, an expert in agribusiness, uses his expertise and vast experience in agriculture acquired from years of work across Africa and the United Youths in a past function. Photo/File States of America. Were encouraged the youth to form self help groups that his God given soil into fortune and velopmental issues. ices, says the government is placing chickens within 75 days. engage in income generating activi- wealth. Today he sells between 30 to He says, “the images we saw daily emphasis on farming diversification She explains that a mature hen ties. 35 chickens and 30 bunches of ba- of young people idling along the road, to reduce by half the population faced lays up to 15 eggs, which, with proper “When young people are given a nanas, earning him an estimated Ksh. some drunk with others absolutely do- by poverty. brooding conditions, hatch into 15 purpose to live for and a hope for to- 15,000 a month. Farming has also tre- ing nothing galvanized us into action. Khavele is all smiles as she visual- chicks. With a proper feeding diet and morrow, they focus on growing them- mendously improved the nutrition and We decided to bring them together izes the millions of shillings flowing early diagnosis when sick, the will selves, their families, and the national health of his family. and show them that opportunities ex- her way. The 23 year old has sold 10 chicks mature in 75 days and start lay- economy. If left to be eaten by the can- The farming business is not for the ist everywhere and that given a chance poultry birds and says she is still con- ing eggs. “If 10 out of 15 chickens lay cer of idleness, they easily get lured faint of heart, he advises. Determina- every one of us can transform our templating in which project to invest 150 eggs, you can double your harvest into crime, alcoholism, prostitution tion, patience and hard work drive lives.” the proceeds. She says that with good within 75 days. It is a big and viable and other dangerous and life threat- this 35-year-old. “Although poverty Today, the group has 300 regis- care, dedication, and close monitor- concept for meeting food security and ening vices,” says Were as he recalls and ignorance barred me from climb- tered members. It endeavours to pro- ing, a single foul can bring forth 15 wealth creation,” she suggests. how he helped restore hope in Anunda ing the academic ladder, I promised mote the values that help cope with and others. myself that what I failed to gain aca- challenges facing many African na- Anunda and other young inhabit- demically, my children will attain and tions. According to UNDP, food inse- ants of Busilwa Irechelo village in surpass it,” affirms Anunda. curity and malnutrition remains major Kakamega Country, Western Kenya Anunda and his colleagues are impediments standing in the path of ADVERTISING RATES were given what leadership Guru now driven by an insatiable hun- sustainable development and econom- Robin Sharma calls the keys to self- ger for solutions –breaking away ic growth for the developing world. leadership, personal responsibility and from the vicious cycle of poverty. Were, a US trained agriculturalist, Your support as our reader or advertiser ensures that the stories spiritual enlightenment. They are helping the government in worked as a food production officer, that matter - the stories that help people make decisions about Like Sharma states in his book improving family nutrition, creat- chairman of the Agricultural Society their education, health, governance, their livelihood, and their The Monk Who Sold his Ferrari, Were ing wealth and, ultimately, driving of Kenya (ASK) and one time com- helped the young people to banish the country in attaining the United missioner to the Poverty Eradication communities - reach them in a simplified but factual way. worry from their lives by conditioning Nations Millennium Development Commission (PEC). their minds to translate every event Goals (MDGs). He spent many years in Southern How to Advertise into a positive, empowering energy. Despite lacking clear policies, Sudan at the height of its civil war do- They stopped being prisoners of their coupled with failure on agricultural ing relief work for the United Nations. Send us the details of what you want advertised and we’ll do the past and became the architects of their extension services in the country, the He says that the group’s objectives rest. These can be sent in electronic form as e-mail attachments or future. success of Uzima Youth Group has gear toward improving food security, in diskettes/CDs as well as hard copies. Today they engage in vari- made it famous across Western Ken- tackling malnutrition, reducing pov- ous farming activities as organized ya. Most parents hail the group for erty and creating wealth. groups. From planting bananas, and helping their children eschew the dan- The youth project started in early Our advertising rates are as follows: vegetables to rearing chicken and in- gers that most youth in Kenya have September 2010. It not only strives to Full page colour Kshs. 72,000 dulging in fish farming. They even fallen into: delinquency and crime. open job opportunity doors, but also to Full page black and white (inside) Kshs. 40,000 engage in competitive sporting activi- The organization facilitates expert create wealth for the members and the ties that help build team spirit while training to its members on farming community at large. Half page (Black and White) Kshs. 20,000 relieving stress. and basic financial matters. It helps From a mere Ksh10 initial capital Quarter page inside Kshs. 10,000 In his earlier life, Anunda could them distribute banana suckers and in- per member, the group now boasts of barely afford a daily meal for his fam- digenous chicken to each group mem- a thriving poultry and banana business The Link Classified Kshs. 4,000 ily. With torments that come with ber. Members endeavour to produce and 15 fishponds. It is still growing. Front Page Earpiece (colour) Kshs. 8,000 poverty, he struggled to provide for enough bananas, eggs and chicken Though fish feeding and finger- Front page strap Kshs. 6,000 his four children. Education and other meat for domestic consumption and lings remain a big challenge, the basic needs became a dream. That, trade. group is expecting a major fish har- Back page strap Kshs. 4,000 however, was before the formation of The Group Coordinator, Max- vest this season. Patrick Makutu, the Back Page Earpiece Kshs. 7,000 Uzima Youth Group Irechelo (UYGI). imilla Khavele, says that apart from group’s fish officer, says that once the Anunda initially joined the group empowering children and youth, the fish are mature, the local community Front Page Solus (colour) Kshs. 20,000 as a security guard watching over the group also sensitizes “members on will form its immediate market as it Back Page Solus (colour) Kshs. 15,000 fishponds. His pay could barely make HIV/AIDs, malaria and dangers of maps out expansion strategies. ends meet. However, after encourage- drug abuse.” The young farmers’ group dreams Special Rates ment from friends, he joined upon to build its own fish processing indus- paying the Ksh 10, membership fee. UNICEF try one day: “We have watched small We offer very special rates for advertisement of charitable activities The group gave him a few suck- Maximilla says that although UNICEF seeds of hope grow into big dream programmes or services. To get special rates, contact the Editor or ers of tissue culture bananas and two places youth with the ages of 14 to 24 and we believe that our big plans will chickens to start off a business venture years, the Uzima Youth Group allows become a reality one day. We have the Editorial Assistant. that he pursues to this date. The rest of anyone aged 10-40 years to join as even started saving towards the big his success was driven by passion and long as they pay the membership fee, project.” The details should be mailed to the Editor, P.O. Box 7438, 00200, a desire to bid farewell to poverty and which is equivalent to an egg. Nairobi, Kenya. Telephone 020-601776, 020-3572365. You can also pangs of hunger. Mr. Were, the UYGI patron, says Reaping millions it is critical to equip children with a While fish farming is yet to pick up, e­mail us at [email protected] or [email protected]. Architects clear understanding of social dynam- poultry farmers are reaping millions NOTE: All payments should be made through cheques, payable to: With his two acre architects, Anunda ics. For any nation to grow, he asserts all over Kenya. Jasper Nkenye, Direc- began to transform the proceeds of its youth must be involved in all de- tor of Agricultural Engineering Serv- Institute for Civic Affairs and Development (ICAD). The Link, July 2012 24 FARMING

Sio Basin Scheme farmers set for Tabacco farmers: Slaves of industry cartels By HENRY OWINO Total output by the three compa- contribute a large proportion to agri- In particular, the contracts set the cash reward nies in 2009 was estimated at 20 mil- cultural sector marked production. buying price of the tobacco and the TOBACCO cultivation in Kenya was lion kilograms of dried leaf valued at Kimosop said since tobacco grow- By NYAKWAR ODAWO points of sale. Inputs such as seeds, initiated in the 1960’s by then Brit- Ksh 2billion, with BATK producing ing in Kenya is a contract based ac- fertilizers and pesticides are loaned THE government through the min- ish American Tobacco (BAT) now more than two thirds of the total. The tivity, farmers are always under tight to farmers by the tobacco companies. istry of Water and Irrigation has the British American Tobacco Kenya average price of dried leaf increased control from the Tobacco Companies The costs, often priced high above allocated a total of Ksh57million (BATK) in Meru and Kuria Districts from about Ksh64 in 2008 to about who determine the grading system the normal shop price which are then towards compensation of farmers as part of Government efforts to in- Ksh100 per kilogram in 2009 across and prices as well as the cost of farm deducted by the company when the affected by the proposed lower Sio crease income among smallholder all grades. inputs and extension services provid- farmers sell their leaf to them. Basin irrigation scheme project. farmers. The crop is mainly grown in ed to the farmers as credit. Kimosop intimated that farmers Addressing stakeholders dur- Tobacco growing in Kenya has Nyanza; Kuria, Migori, Suba, Hom- This he said had led to decreased have complained of exploitation by ing a one day sensitization forum mainly been through contracting abay and Rachuonyo Districts. In earnings by farmers who are perpetu- the tobacco companies. “For instance; that was held at the Busia district farmers by the three main players Western province, the crop is found in ally indebted to the industry. Kimosop some of the complaints by farmers in- headquarters boardroom recently, that is Alliance one Tobacco Kenya Bungoma, Busia, Teso and Mt Elgon clarified that though the growing is clude lack of provision of protective the National Irrigation Board chief (AOTK) which is part of the global Districts while in Central region, to- done simultaneously with other crops, gear, poor grading system, poor qual- irrigation officer Mr Daniel Atula Alliance, one of International leaf bacco is planted in Kirinyaga, Muran- it represents an average of 2 per cent ity inputs, and harassment when crop said that the proposed scheme will tobacco merchants, the Mastermind ga and Thika Districts and in Eastern of the farmers’ field while maize oc- fails due to drought or hailstorms and utilize the water from River Sio in Tobacco Kenya (MTK) and British Provinces; Meru, Kitui and Machakos cupies 47 per cent, sugarcane 16 per farmers cannot repay a loan in full.” order to boost farming in the area. American Tobacco Kenya (BATK). Districts. cent, coffee 4 per cent and the rest 31 Other challenges faced are lack of Already, the board has dis- The three companies contract According to Vincent Kimosop per cent. insurance for the curing barns which patched a valuer and a surveyor about 30,000 farmers with AOTK of International Institute for Legisla- “Typically in Kenya, tobacco com- often catch fire during the curing proc- on the ground to undertake a fea- having about 15,000 small scale inde- tive Affairs (ILA), the total acreage panies sign contracts with farmers, al- ess and finally, labor organizers have sibility study on the phase one of pendent farmers. The area under culti- covered by tobacco represents only though reportedly, the vast majority reported that BATK has been fighting the project which will traverse Na- vation increased to about 15,000hac- 0.5percent of the total arable land in of the farmers have limited levels of any meaningful union representation maderwa-Bulwama, Busina-Mun- tres in 2009 from 12,586 ha in 2008 Kenya and tobacco growing is not literacy and thus do not understand that would give tobacco farmers col- dika and Samia districts and cover and currently 20,000. among the ten leading products that them,” Kimosop explained. lective bargaining powers. 1,700 hectares, 2,053 hectares and “These cash crops therefore seem 675 hectares respectively. to be more beneficial to the industry “Environmental impact assess- than the farmers who are actually the ment has already been done within producers of it. This has led to many the proposed project areas where farmers in the regions remaining poor the pipeline will pass through. If while the industry continues to make the land proposed for acquisition huge profits,” Kimosop concluded. has any structure in it, then the Tobacco farming being a fam- owners of the affected land or par- ily oriented activity, leads to various cels of land will be compensated negative social-economic impacts es- for the same as well,” said the chief pecially to the women and children. In irrigation officer. order to cut on the cost of production Atula at the same time said that and increase earnings, farmers resort a grievance redress committee that to having underage members of their will be chaired by the local district families assist in farm operations and commissioner will be established therefore leading to high instances of to tackle any emerging complaints school drop outs and in some instanc- regarding the compensation of es child labour. farmers who will be affected by the Women also suffer in tobacco pro- proposed irrigation scheme. duction as together with the children The board’s Engineer Nesline they do most of the farm work, only Ogwa on her part said that beacons for the male head of household to will be erected on all the parcels of collect and squander the resulting in- land where the pipeline will pass come. Men are also known to marry through in order to avoid any fu- multiple wives during the planting ture conflict regarding the bound- season to meet the demand for cheap ary of the affected parcels of land. labor only to take large part of the in- The stakeholders appealed to come share. the government through the Min- The Tobacco growing regions istry of Water and National Irri- are some of the poorest in the coun- gation board to consider assisting try. This is mostly due to the unfair the farmers to acquire title deeds since majority of the farmers in the Smoking zone at Uhuru Park, Nairobi designated for smokers where they converge to smoke freely. Turn to Page 25 project areas do not have the land Photo/Henry Owino title documents. “We are appealing to the gov- ernment through the Ministry of Water and National irrigation Meru County agriculture gets major boost board to assist the farmers whose parcels of land fall within the By PETER MUTUKU of bananas in the country and urged said an additional Kshs 20 billion will from these loans because they have project areas to get title deeds as farmers to set up cooperative societies be channeled towards the irrigation witnessed a decline in their produc- majority of them do not have the THE government has allocated Ksh and start processing bananas jointly to projects nationally. tion due to unfavourable weather said documents,” said Bukhayo lo- 188 million to oversee the construc- reap from the economies of scale. On the Coffee sector, the PS urged conditions in past few years. cation chief Mr Chrispinus Odun- tion of fresh produce markets in Meru Speaking from the showground, farmers to consider taking loans of- The PS further said that the gov- ga Mauda. County. the ASK National Chairperson Haris fered through the Coffee Develop- ernment is initiating programs that All the farmers within the The PS in the Ministry of Agricul- Karimi urged the government to in- ment Fund. will help tea farmers to benefit from project areas have been sensitized ture Romano says the government is crease to 15 percent, the budgetary He said the coffee sector has subsidy programs like other crops. on the proposed irrigation project building the best cold storage facility allocation to the agricultural sector grown tremendously since 2006 ow- He said Meru region produces with majority saying it was timely at Kariene market at a cost of Kshs 40 to help the country attain food secu- ing to debt waivers amounting to Ksh 25 percent of Kenyan tea, adding that as it will enable them to engage million and six other fresh produce rity. 9.8 billion. farmers earned Ksh7.8 billion from in horticultural activity through markets at a cost of Ksh48 million. Karimi said this will help key “The Coffee Development Fund their produce. Imenti tea factory paid irrigation especially during the The markets under construction players in the agricultural sector who was initiated in 2007 with an initial the highest rates nationally at Ksh58 drought period. include Nkubu at Ksh. 38 million, include Civil society, private sector, allocation of Ksh 500 million and has per kilo while the rest paid an average The farmers however appealed Chogoria at Ksh. 22 million and Meru research organizations and farmers been receiving Ksh. 250 million an- of Ksh 45 per kilo. to ministries concerned to provide town at Ksh 28 million which the PS to increase their input in the sector nually. Farmers in Meru County are He called on Dairy farmers to them with enough farm inputs say- says are meant to promote the horti- to help the country to be food secure. slated to benefit from Ksh300 million take advantage of the revived milk ing majority of them are unable to culture farming in the region. “The main challenges faced by which will be disbursed through Sac- processing plants to engage im value afford the high cost of the inputs. He says during the last financial small scale farmers in the country cos at an interest rate of 12 percent addition. “We are appealing to the na- year, horticultural farmers in the re- include lack of water for irrigation this year,” he said. The PS advised farmers in dry tional irrigation board to provide gion earned Ksh 77.7 billion from the and access to markets which denies He challenged coffee farmers in areas to consider engaging in cotton us with adequate farm inputs be- sale of horticulture produce and urged them opportunities to reap maxi- the County to increase their uptake farming which can withstand harsh cause majority of us cannot afford local leaders seek additional fund- mum profits. We therefore need to of the loans as currently only Ksh 58 climatic conditions. the high cost of the farm inputs,” ing from the government to establish invest in proper storage facilities,” million has been disbursed to farmers. “Ginneries that were mismanaged said a farmer, adding that though processing plants in the region. said Karimi. However according to the Gen- are being revived and this year, cotton they have been receiving some Kiome who spoke at this year’s Recently, President Mwai Kibaki eral Manager of Muguna Coffee So- industry has been allocated Ksh 180 farm inputs from the Ministry of ASK show also said Meru County announced that the government will ciety Mutwiri Muthige, farmers from million for the same. Last year Meru Agriculture, they still require more has overtaken Kisii in banana pro- allocate Ksh104 billion towards im- Buuri and areas that share similar region received Ksh 30 million to up- for a better yield. duction and is the leading producer proving the agricultural sector. He climatic conditions may not benefit lift the cotton sector,” he said. The Link, July 2012 FARMING 25 Central dairy farmers pocket cool Ksh21 billion By JOSEPH MUKUBWA litres produced last year in the area,” as Nairobi thus relying on middle- She added. men who purchase the commodity at DAIRY farmers in Central Province The PDLP attributed the increase throw away prices due to its perish- earned Ksh 21 billion from the sale of in milk production in the area to stabi- able nature,” she regretted. Pig farmers in milk last year. lization of market prices owing to stiff Other challenges include lack of The farmers earnings increased competition by different milk proces- organized markets, long calving inter- following the production of 829 mil- sors in the country who were trying vals, high cost of production during lion litres of the commodity over the to woo more farmers to sell them the drought and poor houses. Central region earn same period with prices ranging be- commodity thus making dairy farm- The other constraints are increased tween Ksh 25 to Ksh30 per litre. ing a viable commercial venture. incidences of tick born diseases, poor According to the recent livestock Further the increased usage of Ar- feeding practices, in adequate credit Ksh 591 million annual report released by the Central tificial Insemination in the region to to farmers and high cost of AI serv- Provincial Director of Livestock Pro- improve dairy breeds has also seen ices. By JOSEPH MUKUBWA duction (PDLP) Mary Kanyi, farmers good returns for local farmers since “As a way of addressing the chal- registered marked increase in their the A.I services are readily available lenges, the Ministry of livestock has PIG farmers in Central province earnings from Ksh18.9 billion in the from private practitioners. begun training farmers on silage and produced 3.1 kilograms of pork previous year to Ksh 21 billion in However, inadequate fodder, un- hay making as well as preparation of last year that earned them Ksh591 2011. reliable rainfall, high cost of feeds home- made rations for the animals. million. Kanyi, in her report observed that for dairy animals and tick borne dis- Farmers have also been trained on Provincial Director of Live- dairy farming in the region is char- eases remained a big challenge to value addition of the dairy products stock Production Mary Kanyi acterised by small holder enterprises the sector in the region as the factors in order to fetch better market prices,” while releasing the region’s live- where the most popular breeds are contributed to a drastic reduction in she added. stock production report for last Fresians, Ayrshires, Guernseys, Jer- year at her Nyeri office, noted milk production and thus less earn- She also noted that farmers were that the pig production industry seys and their crosses mostly kept in ings by farmers. being encouraged to form and join had showed marked improvement Zero grazing units due to small par- “Poor road infrastructure in the Savings and Credit Cooperative Sav- since year 2009 especially in Ny- cels of land owned by majority of region also played a key role in de- ings Societies that would assist them eri, Thika and Kiambu counties farmers. pressing dairy earnings as consider- in marketing the commodity at com- after local farmers had entered into “A considerable number of dairy able amounts of milk went to waste petitive prices as well as setting up a contractual agreement with the farmers still kept the traditional Zebu or sold at unfavourable prices since cooling plants through pooling of re- Farmers Choice Company Limited breeds that produced 18 million litres farmers could not easily access lu- sources from the members contribu- to supply pork products. of milk out of the total 829 million crative markets in big towns such tion savings. “The agreement had guar- anteed a reliable market outlet for pork products at fairly stable wholesale prices averaging at Ksh200 a kilo.” She observed. 222 million from the sale of honey The PDLP also cited the up- and bee wax. surge of tourist arrivals in the Kanyi noted that bee keeping country, which she said had con- known as Apiculture had a high tributed to growth in the industry potential in the province but it re- due to the popularity of pork espe- mained largely untapped. cially with European tourists. She further noted that the in- She however noted that lack of dustry was fast gaining popular- quality breeding stock, high cost of ity especially in marginal areas of feeds and poor local consumption the province particularly in Nyeri, of pork needed to be addressed if Thika, Nyandarua and Murang’a farmers were to reap maximum counties where farmers have em- benefits from the industry. braced the practice with relish. As a result, her department has As a result, the PDLP outlined partnered with researchers with a measures her office had employed view to developing high quality to popularize apiculture in the area breeding stock as attention shifts among them intensive training of to feed manufacturers who have local farmers for higher productiv- been urged to produce affordable ity as well as aggressive encour- feeds and in smaller packaging af- agement of the adoption of the fordable to most farmers. enterprise by both genders. Consequently, a vigorous cam- Kanyi observed that adoption paign to encourage consumption of the Kenya Top Bar Hive and of pork locally is ongoing since Langstroth Hive, have been en- some communities shun pork due couraging as honey increasingly to cultural and religious beliefs. becomes popular in most Kenyan Meanwhile, Bee keepers in households especially at breakfast Central province also earned Ksh tables. Some of the dairy cows being reared in Nyeri County. Photo/Joseph Mukubwa Tabacco farmers slaves of industry cartels From Page 24 to second-hand smoke. countries,” Dr Maina cautioned. from Asian countries. the returns from tobacco growing practices of the industry that keep the Dr Maina stated that approximate- The doctor pointed out some of the “Some of these products are for are not commensurate with the time farmers indebted for life with paltry ly one-half of lifetime smokers die health issues affecting tobacco farm- chewing while others are for sniffing. and effort required and is much less profit if any to show off for their trou- prematurely from tobacco use. Many ers includes; Cardiovascular diseases, Most of the smokeless tobacco prod- than alternative viable economic cash ble. In addition, the Tobacco industry of these deaths occur within a citizen’s Lung Cancer, Respiratory infections ucts found in the Kenyan market are crops identified. has been known to employ underhand most productive year between the age among others caused by exposure to imported,” Dr Maina noted. The ILA Company is now calling deals such as the abrupt suspension of of 35 and 60 in developing countries. large amounts of chemicals as well Dr Maina reminded the public, for the reduction in demand and sup- purchase of leaf, fighting farmer rep- In Kenya, every one in five men aged as handling of raw tobacco leaf, often cigarette smuggling is detrimen- ply of tobacco use so as to increase resentation through unions. between 15 and 49 years use tobacco. times with no protective gear. Hospi- tal to health policy and the World the price of its products through tax On the other hand, studies have He says that 15percent of the tals in tobacco growing areas report Health Organization Framework increases. Higher tobacco prices en- shown that tobacco farmers can get students use some type of tobacco up to 60 per cent of tobacco related Convention on Tobacco Control courage smokers to quit and prevent higher returns with less input by product while only 1percent of adult deaths with a significant increase in (WHOFCTTC) emphasizes the im- youth from starting to smoke. switching to alternatives crops and women in Kenya report using tobac- unexplained miscarriages. portance for tobacco control of com- Higher taxes are particularly ef- livelihoods such as soybean, pepper, co, 15percent of boys and 15perecent A study done in Nairobi in 2007 bating illicit trade. fective in reducing smoking among passion fruits and sugarcane and live- of girls report using tobacco, raising indicated that the most prevalent mode The Tobacco industry claims that vulnerable populations, such as youth, lihoods. concern about the growing rate of use of tobacco use is smoking at 91.7 per tobacco is a cash crop that leads to de- pregnant women and low-income Dr William Maina, Ministry of among young girls. cent followed by snuffing at 3 per cent velopment for the tobacco farmers and smokers. The taxes would bring in Public Health and Sanitation said to- “Studies show that cigarettes in and combined snuffing and chewing subsequently for the country. How- significantly more revenue to govern- bacco use is one of the leading causes Kenya are cheap and are becoming at 3.7 per cent. Apart from the snuff ever, the tobacco growing districts ment and the money used to correct of preventable deaths today. The glo- more affordable over time and unless which is mainly made in homes from are some of the poorest in the country the negative impact of tobacco use bal tobacco epidemic kills nearly 6 we act, it will kill up to 8 million peo- ground tobacco leaf; other smokeless with high cases of food insecurity, il- such as death and diseases caused by million people each year of which ple by 2030, of which more than 80% tobacco products are now available in literacy and high levels of poverty. it and the loss in economic productiv- more than 600,000 are people exposed will live in low-and middle-income the Kenyan market mostly imported Further studies have shown that ity from the sick smokers. The Link, July 2012 26 GOVERNANCE US Navy to join war against Indian Ocean pirates Leader’s By BEKADZO TONDO which was coordinated by Eco-Ethics Dr Okeyo said illegal fishing ac- and solid waste disposal mechanisms meeting ban organization and other stakeholders. tivities and poor disposal of solid by hotels, industries and other tour- UNITED States Navy plans to support Captain Cole who also led the waste had endangered marine life in ism related enterprises along the shore plastic packaged government efforts in fighting pirates navy and local residents in an exercise the area. He called on the government line,” said Dr Okeyo. along the coastal shore line. to clean up Boabab beach line said his formulate clear policies to help guide An official from the Kenya Wild- alcoholic drinks The US Navy Maritime Civil Af- team will intensify patrols along the the management and conservation of life Service Mr. Isaac Mugo said 60 fairs Team Captain Cory Cole says shore line to help create conducive at- the ocean and marine life. percent of the tourists visiting the By JOSEPH MUKUBWA his country will join efforts geared mosphere for investors. Dr. OKeyo further cautioned ho- country frequent the coastal line and towards ensuring that the ocean was The director of Eco-Ethic Dr. Ber- tels and industries in the area to stop thus the need to conserve the ecosys- CENTRAL province leaders protected from any criminal activities. nard Okeyo said human activities at disposing their waste to the Ocean as tem. have called for a complete ban on He spoke at Baobab public beach the ocean have interfered with conser- this polluted the ecosystem and en- Mar Mugo said Kenya has ten ma- the manufacture and sale of plas- in Kilifi during the celebration to vation efforts and protection of marine dangered marine life. rine parks which were currently man- tic - packaged alcoholic drinks in mark the World Ocean day, a function life. “Eco-ethics monitors both liquid aged by KWS. the region. Speaking after a two day consultative meeting at a Nyeri hotel, the leaders who mostly in- cluded the provincial administra- tion and politicians called upon every individual in their commu- Residents of Tana River nity to adhere to the Alcoholic Drinks Control Act including the ban on plastic packaging of alco- holic drinks. “Observing the need to regu- need help to get IDs late the manufacture, sale and consumption of alcohol, we By BEKADZO TONDO unanimously affirm our support SCORES of people in Tana River to the provisions and implemen- County may not participate in the tation of the Alcoholic Drinks forthcoming General Elections due to Control Act, 2010 and recom- lack of identity cards. mend the total ban on the manu- Majority do not have identity cards facture and sale of such alcoholic and consider the process of acquiring drinks in our region,” said part of an identity card in the area as punitive the resolutions. and discriminative in nature. The meeting which was or- Led by former Ambassador Hus- ganized by National Agency sein Dado and Mr Ali Wario, the for the Campaign Against Drug residents mainly drawn from Waridei, Abuse (Nacada) was also at- Pokomo and Orumas now want the tended by Chief Executive Of- government to set up mobile registra- ficer William Okedi and Nacada tion centres to enable people acquire chairman Frank Njenga. identity cards without further delay. The leaders while noting the The residents say the current proc- rampant misuse and abuse of al- ess of acquiring identity cards in the cohol and other substances and area was punitive and thus majority of its negative effects, they declared the residents have kept away from the their commitment to fighting the exercise. vice in the region and unani- “We are suffering because Tana mously support the declaration River borders Northern Eastern prov- of alcohol and drug abuse as a ince which also boarders Somali and national disaster. thus the government has introduced The meeting which was offi- punitive measures to ostensibly ensure Mr. Dado Mr. Baya cially opened by Central PC Ki- that illegal immigrants do not access plimo Rugut recognized that the national identity cards. “The com- to facilitate the issuance of national assuring the Pokomos, Orumas and Mr. Baya said his ministry had alcohol problem is ‘our problem’ munities living in Tana River County identity cards in the area. Weridei communities in Tana River launched Mobile registration centres and so, ”we unanimously urge all are Kenyans and they should not be He said that the people of in Tana County that they will be issued with in Kilifi county and other parts of the partners - political leaders, Gov- punished as the government stream- River County can now access their the IDs,” said Baya. country to speed up the process of reg- ernment officials, youth groups, lines the issuance of identity cards in identity cards without being subjected “The immigration department istering Kenyans so that they can par- women leaders, religious lead- porous borders,” said Mr. Wario. to unnecessary screening. plans to implement a special program ticipate in the next general elections. ers, opinion leaders and other However, Assistant Minister for “The government is committed to that will ensure all those who have He said village elders have been community leaders to unite in Registration of Persons and Immigra- ensuring that all Kenyans who have not been issued with IDS and have mandated to assist the officers in in- addressing the problem. tion, Mr Francis Baya, said that strin- attained 18 years and above get their attained 18 years and above get regis- dentifying people living in their locali- The leaders also called for gent measures have been put in place identity cards without delay and I am tered,” said Baya. ties to hasten the registration process. communal efforts in rooting out excessive consumption of alco- hol and illicit brews. “Identifying that low fund- Security tightened at the coast over Al Shaabab threats ing is a major constraint towards partners’ involvement in the By BEKADZO TONDO made in the sector which has currently meant to incite animosity in the area. people against invading private land registered remarkable growth,” ex- “Coast is in Kenya and am urging saying that such acts are illegal. campaign against alcohol abuse, we urge Government, private THE government has intensified se- plains Mr. Mohamed. the group to drop their secessionist “In the recent past, we have seen curity in Coast Province to minimise Mr Mohamed also wants the pub- agenda as this was counterproductive leaders mobilizing innocent people to sector and other partners to al- attacks by militant groups including lic to volunteer information to the and undermines development,” said invade privately owned land which is locate more resources to support the Al Shaabab. police on people suspected to be in- Mr Mohamed. illegal and I want residents to learn to alcohol and drug abuse interven- The Kilifi County Commissioner volved with terrorism acts so that ur- The Commission said the gov- seek redress using existing machin- tion programmes,” they resolved. Mr. Maalim Mohamed says security gent measures can be taken to arrest ernment will not tolerate activities ery,” advised Mr. Mohamed. While noting the low in- officers have been put on high alert to them. of illegal groupings adding that right Mr Mohamed said such acts if al- volvement of our political lead- avert criminal attacks. “The issue of security should not procedures must be followed when lowed to continue will discourage in- ers in the campaign against alco- “In the past few months we have be left to the government alone but resolving problems including histori- vestors in the region who were critical hol and drug abuse in the region, witnessed grenade attacks in public should be a collaborative initiative cal injustices. for development. the leaders called upon the politi- gatherings like Mtwapa in Mombasa where every Kenyan must expose Mr Mohamed however said he Other local leaders who included cians as trend-setters to take up and thus the need to intensify security criminal elements in their midst with- will soon convene a leaders meeting the chairlady of Kilifi Town Council the matter and facilitate imple- patrols to curb similar incidents,” said out further delay,” adds Mr Mohamed. in the County to discuss the MRC and Esther Kache said Kilifi County has mentation of innovative and long Mr. Mohamed The commissioner at the same chat the way forward. lagged behind in development for lasting solutions. The commissioner says Coast time cautioned members of the out- “I believe in dialogue and will many years due to poor leadership and They at the same time recog- Province highly depends on tourism lawed Mombasa Republican Council soon convene a leaders meeting where called on residents to vote for vision- nized that alcohol and drug abuse sector whose survival largely relies on (MRC) to drop their demands that everyone will be given an opportunity ary leaders. is a hindrance to the region’s conducive atmosphere to thrive. seek to have the region secede from to talk and come up with concrete pro- “Kilifi County continues to rank socio-economic development “Tourism industry generates sub- the rest of the country. posals on how to deal with issues be- highly among poor counties in the and called upon the people of the stantive revenue to this nation and the Mr Mohamed said Coast is in ing advocated for by the group,” said country and thus the need to elect Kenya and accused MRC of pursu- Mohamed. leaders who are committed to initiat- area to maintain sobriety towards government will not tolerate terrorist a society free from drugs. groups to disrupt and erode the gains ing a misguided agenda which is only The administrator cautioned local ing development in the area. The Link, July 2012 GOVERNANCE 27 Kibunja promises stern action against hate speech mongers

By HENRY OWINO THE National Cohesion and Integra- CRA defends tion Commission( NCIC) has warned revenue that stern action will be taken against politicians, musicians and media allocation criteria houses who propagate hate speech By BEKADZO TONDO messages. THE Commission for Revenue allo- NCIC chairman Dr Mzalendo cation (CRA) has dismissed claims Kimbujia, said that Kenyans must re- by politicians and civil societies that main vigilant to stem vices that may the revenue allocation criteria had fan animosity during the electioneer- been skewed in favour of some re- ing period. gions. The NCIC chair reiterated the Commissioner Raphael Munavu Commission is on high alert and is categorically stated that the com- currently monitoring the social media mission shared the funds based on to curb the spread any form inflamma- provisions stipulated in the Consti- tory statements. He said there is a thin tution. “CRA did not favour any region during the allocation of re- line between freedom of expression sources but strictly adhered to provi- and hate speech and thus individuals sions stipulated in the Constitution,” must be careful on how they exercise said Mr Munavu. their rights to avoid being caught on The commissioner made the re- the wrong side of the law. marks at Pwani University where he Dr Kimbujia said the commission addressed the students. had contracted people and firms who The allocation criteria was will be monitoring hate speech in the sharply criticised with some politi- social media to curb the vice. He said cians and members of the civil soci- maintaining peace, harmony, cohe- eties threatening to move to court to revoke the allocations. sion and integration is a responsibility Dr. Kibunjia, NCIC chairman of every Kenyan. The Minister for Fisheries De- velopment Mr. Amason Kingi said Dr Kimbujia said sustainable The current Constitution dispensa- He said that NCIC is promising ice in which the public has a special CRA used a wrong formula to dis- peace can enable the country to real- tion requires enactment of new laws to work with the Register of Political interest, thus strengthening them to tribute funds to the counties. “The ize vision 2030 adding that the Com- and practices that will promote nation- Parties, as well as leaders and mem- execute this in a manner that will build allocation process was unfair and mission is partnering with political al unity through for example, creating bers of all political parties to infuse national cohesion. most MPs including cabinet min- parties to propagate peace messages a level playing field in the political national cohesion, integration and A workshop for all the Political isters rejected the figures,” said Mr across the country during the electoral space. In Kenya, like any other coun- equal opportunity principles in their Parties was scheduled to take place Kingi. process. try, political parties are instruments campaign strategies and manifestos, in Naivasha on 1st through 3rd July Kingi intimated that the cabinet “Today there are about 50 regis- available for aspirants to express to make political parties more inclu- 2012 that brought together about 50 had recommended that the matter be tered political parties and more are yet themselves to voters in their quest to sive. key representatives from political par- taken back to the Commission for to be registered and thus we are com- get elected. They provide candidates “This is cognizance to the fact that ties. The objective was to ensure that review to help come up with figures mitted to work with them for a com- with the platform to voice their aspira- political parties do not just contest all sectors remain alive to the need that are acceptable to all. mon good and for the harmony of our tions to various elective offices. elections, but also mobilize and organ- of putting Kenya’s interest first in all “Most ministers were opposed to the allocations of the County country,” said Kimbujia. Nevertheless, political parties’ ize social forces that energize democ- they do. funds and we resolved that the mat- “We are therefore reminding po- process has been characterized by racy on a continuing basis.” Chairman The NCIC draws its existence ter be taken back to CRA for review litical parties that the world is watch- cut-throat competition for nomina- posed. from the National Dialogue and Rec- and fresh allocations,” said Kingi. ing them during this electoral process tions, outright bias, absence of a level The Commission said the partner- onciliation Agreement that sought But commissioner Munavu stat- and especially to see if they are able to playing field and mischief. The com- ship is being supported by the Na- to provide a peaceful solution to the ed that the commission was guided inculcate the spirit of Constitutional- petitions within and across parties has tional Democratic Institute (NDI) and political impasse and violence that by the poverty index and the size of ism through their party nominations,” often been marred by use of foul lan- will focus on working with political engulfed the country after the 2007 the population in each county before said Dr Kimbujia. guage, hate speech and even violence. parties as agencies performing a serv- general elections. they arrived to the figures. “A s a commission we factored in many variables including the pov- erty index and population to get to our figures and claims that we were Kilifi elections vetting panel formed biased have no basis,” said Mr Mu- navu. By BEKADZO TONDO verdict,” said Mr. Mwamuye. forum initiated the idea of vetting as- Mr. Munavu further said mar- The coordinator of the Inter com- pirants for political seats to help the ginalized areas were also considered A PANEL to vet individuals willing to munity forum Mr Kashero Chinyaka, community elect good leaders. in the allocation process. contest for elective posts in the forth- said a total of 11 names of prominent “For quite a long time now Kilifi However, Kingi expressed his coming General Elections in Kilifi personalities in coast region were county and Coast province in general reservations about whether the com- County has been constituted. forwarded to the Task force but upon has been lagging behind in develop- mission based their allocation on The panel is to include Prof Shu- evaluation, six people were short list- ment due to poor leadership and thus poverty index in each county and kat Abbdarazak who is a lecturer at ed. the need to vet aspirants to ensure that marginalized areas. Pwani university, Dr Halmu Shauri Mr. Mwamuye said the vetting only qualified individuals clinch vic- “Leaders looked at the figures also a lecturer at the Pwani univer- panel requires an additional three peo- tory in the coming general elections. shared to the counties but it emerged sity, Rev. Francis Katana of Baptist ple to be complete as proposed by the However, a section of aspirants that issues touching on poverty in- Church, Lawrence Mwachidudu who community. have trashed the proposed vetting dex and marginalised areas were not is a program’s officer at Action-Aid Members during the meeting process saying the idea was farfetched given weight,” said Kingi. in Malindi, Shariif Muhudhari who is however complained that the selected and was bound to be manipulated. Mr. Munavu further said the the chairman of Supkem in coast re- panel was not gender sensitive and de- But Fisheries development Min- commission will soon open a com- gion and Rhoda Lewa who currently manded that the remaining slots must ister Mr. Amason Kingi who has de- plaints desk in Nairobi to receive go to women to help realise gender clared interest for the governor’s seat grievances from counties dissatis- works for an Italian organization. fied with the allocation process. The names were presented to parity. said the idea was good and the panel A member Mercelina Mwamuye Mr. Kingi must also comprise of people with “CRA will open a protest desk members of the inter community fo- in Nairobi to receive complaints and rum which comprises of seven sub said women have been marginalized “Kilifi County currently has five high integrity. “I have no problem with the vet- suggestions on how best the county tribes of the Mijikenda community in many things and thus must be in- constituencies and it is fair to have funds could be shared,” he added. and members of the civil societies net- cluded in the panel to increase their representation of people from each ting process. However my worry is the capacity of the panel to discharge He said CRA will later refer the work in Kilifi county by a task force participation in decision making posi- constituency in the vetting panel to matter to parliament for direction. mandated by the community with the tions as outlined in the new constitu- avoid cases of discrimination or fa- its mandate,” said Kingi. Former Magarini MP Mr. David University students however responsibility. tion. vourism’ said Mr. Mwayaya expressed fears that the funds could According to the Task Force chair- “Days where all committees com- The chairman of Kilifi civil socie- Kombe who is eyeing for the senate be misused by those entrusted to man Mr. Boniface Mwamuye, the prised of one gender are long gone as ties network Mr. Peter Thoya echoed position dismissed the vetting panel manage them. They demanded that panel will be required to vet all the the Constitution has entrenched the the same concerns adding that the arguing that only voters have a con- CRA comes up with clear guidelines people vying for different political gender rule which is explicit in stating panel should have at least a lawyer stitutional mandate to scrutinise their on how best he funds could be pro- seats within Kilifi County. that not more than two thirds of one or a judge to advise on Constitutional leaders. tected from looters. “The work of the panel is precisely gender should occupy both appointive matters. ‘’Politics is a delicate issue and “Development in the counties is to get names of all those interested in and elective positions. “It is very important to have a le- I differ with those advocating for the expected to go up now that the gov- contesting for political seats in Kilifi Mr. Daniel Mwayaya also said gal representation to help the panel in- vetting of aspirants as I do not believe ernment will be allocating monies to county including that of the governor the panel must reflect representation terpret the law as stipulated in the new if those to be in the panel will have the each of them but our worry is how and senator, look into their CV, track from all regions to ensure that fairness constitution,” said Mr Thoya. capacity to discharge that duty as re- well those funds will be protected record and integrity and give their while discharging its duties. Mr. Chinyaka said the community quired,” said Kombe. from misuse,” noted the students. The Link, July 2012 28 REGIONAL NEWS Kingi supports Disused Suneka market a white elephant calls to equip By BOB OMBATI revenue for the council. the high stalls resemble small of- Ngugi asked the government “The market has become a fices found in markets in Western to engage qualified, honest and school laboratories SUNEKA fresh produce market white elephant public funded countries, adding that buyers and experienced professionals to im- By BEKADZO TONDO in Kisii County requires Ksh. 60 project. It appears as if the project sellers of goods and services can plement its projects, adding that million to give it a facelift and was hurriedly implemented and hardly interact with one another tax payers were paying dearly for LEADERS in Kilifi County want benefit residents, Suneka Town poorly supervised, wasting public in the 156 stall market. shoddy work, threatening the at- schools in the area equipped with lab- Council Chairman, Simon Ondigi funds,” states Ondigi. “Currently, the market is be- tainment of the much hyped vi- oratories to enable students in the area has disclosed. The official notes that it is dif- ing used as a store. You can see sion 2030. to excel in science subjects. Ondigi says the market which ficult to collect taxes from trad- the floor and the roof are getting Local people, noted Ngugi, Led by the Minister for Fisheries was commissioned 20 years ago, ers scattered in the congested bus worn out faster due to shoddy should be involved in government Development Mr. Amason Kingi, the park, stressing that Public Service work,” stated Ondigi, adding leaders accused the ministry of educa- remains underutilized, structures projects initiated in their respec- tion for failing to equip schools with have become dilapidated and de- Vehicle Operators ( PSVs) are that birds have transformed it into tive area to win their confidence forced to pick and drop passengers their place of abode, making it essential facilities to uplift their per- serted by traders due to its poor and help in sustaining them to formance in science subjects. architectural design. outside the market along Kisii- filthy and smelly with their drop- speed up the county’s economic Speaking during a prize giving He reveals that the market was Migori highway, risking lives of pings. growth. meeting at Lutsangani mixed second- opened by retired President Dan- pedestrians and passengers. During the digital mapping The consultant petitioned resi- ary school, Mr. Kingi lamented that iel Arap Moi in 1993 but has not Ondigi told The Link the archi- and development plan for Kisii dents of Kisii County to demolish the school which is one of the oldest been used by traders with major- tectural design was imported and town and its environs at Mwalimu illegally constructed structures to provincial secondary school in the ity preferring to operate in the local people were not consulted hotel recently, a consultant, Prof. pave way for re-planning as the county was operating without a labo- congested and small bus park. or involved in the multimillion George Ngugi deplored mush- country embraced the devolved ratory. The chairman says the council project co-funded by the govern- rooming white elephant projects system of government amid in- “For students to do better in sci- wants the money to redesign the ment and the European union. in the country, saying they were creasing population and pres- ence subjects during the national structures and reconstruct dilapi- The chairman, who showed re- draining public coffers and im- sure on infrastructural and social examinations, the schools must be dated facilities to help generate porters the abandoned market said poverishing tax payers. amenities. equipped with the necessary equip- ments,” said Mr. Kingi. The minister donated Ksh 100,000 to the school to facilitate repairs of the laboratory. Fencing Mt Kenya and Mau Eburu forest starts He said Coast Province continues By JOSEPH MUKUBWA Paul Mbugua. to rank poorly in national examina- The flagging of the relay was tions as most school were ill equipped THE fencing of Mt Kenya and meant to raise funds to in order to to support any meaningful learning Mau Eburu forest is set to kick off help maintain the 400 KM Aberdare process. “Schools in other provinces are any time. The Rhino Ark Executive forest. Sixty schools around Aberdare fully equipped with the necessary Director Christian Lambrechts said physical facilities such as classrooms, plans are almost complete to fence forest participated in the exercise. dormitories, laboratories and libraries off the two major towers at Ksh 1.1 And, School Management Com- thus giving the students an upper edge billion. mittees and Board of Governors in the national examination but the Speaking recently during the have been urged to continue em- scenario are different in Coast Prov- flagging off of a relay run at Aber- ploying teachers using the avail- ince,” said Mr. Kingi. dare Forest by the Rhino Ark patron able resources as the Government The minister further observed that Charles Njonjo, the Executive di- addresses the issue of acute teacher failure by the Ministry of Education to rector said Mt Kenya forest needs shortages in the country. upgrade to national status secondary Ksh 1 billion in order to fence 400 Public Works PS John Lonyan- schools in the area has disadvantaged kilometers which will take about gapuo told the committees and the students in the province. five years. BoGs that it was wise for them to “As the ministry of education es- He said most of the funds are use resources at their disposal in or- tablished at least one national school available for the project after the der to fill the shortages. in some provinces in this country, the government promised to release “I would also like to encourage same was not done to Coast and North Ksh 100 million for Mt Kenya for- the teachers to take advantage of the Eastern Provinces,” noted Mr. Kingi. est. Government initiatives towards the Former PS Mrs. Rachael Dzom- The project involves Rhino capacity building on management bo who also attended the ceremony Ark, Kenya Forest Service, Kenya skills and pedagogy conducted by called for the establishment of single sex secondary school in Kilifi County Wildlife Service and the local com- Kenya Education Staff Institute and the Centre for Mathematics, Science to give the students an opportunity to munity. The funds have been raised concentrate on their studies. from donors, the Rhino Ark and the and Technology Education in Africa Mr. Charles Njonjo, Rhino Ark Patron Government. through inset programmes among “I’m optimistic that the work others,” said the PS. will be complete within five years in Speaking when he presided over # Mt Kenya forest despite challenges the prize giving day of Karima Boys The SUBSCRIPTION FORM of heavy terrain, deep valley and re- High School in Othaya, the PS said sistant of the some community. Mt this will strengthen the expertise LinkEnhancing governance for all Kenya forest brings about Ksh 56 and increase the schools output. billion economically per year and so He also advised the students to we must conserve the ecosystem,” maintain good discipline in school he said. in order to continue performing Please accept my/our subscription to The Link for the period of ...... months Mt Kenya forest is a major wa- well. ter tower with its rivers draining in Others present during the func- dating from ...... to...... River Tana whose water is used for tion was principal James Maina, hydro power. BoG chairman James Theuri and I/We …………………….………………...………………… of P.O. Box...... ….…...... …… The forest touches part of Embu, BoG member Priscilla Nyokabi. Chuka, Chogoria, Timau, Nanyuki, Nyokabi said hard work and cor- Code ……...…… Town …...... ….…..….…Tel No.…….……...... …. Street ...... Narumoru and Ragati among other poration between teachers, parents areas. and students have made the school Building ...... Floor ...... Room No ...... Mobile ...... …… This will end the human /wild- to perform well in Nyeri County. life conflict which will later boost She urged the Government to Email: ……...... have paid Kshs...... the food production in the area and create more employment for the (Attached, please find money order No ...... also raise the land value of the neig- youth so that those leaving schools bouring community. can acquire jobs. Please send me ……...... ………....………..copies per issue every month. Meanwhile, Mau Eburu Forest The principal said the school which is part of Mau forest needs needs a third laboratory, a good bas- Signature and /or stamp of client/:...... …...… Date ...... a 50 kilometer fence and will be ketball court, generator, new class- fenced soon at a cost of over Ksh room block and modern dormitory. Back issues No/Months: ...... 100 million. The school which was started on Others present during the func- 1960 by the Catholic Mission has Fill in this form and attach a postal money order of Kshs. 660 and post back to:- tion were Lord Aberdare, Rhino Ark grown over the years to become an chairman Colin Church, area DC academic, spiritual and more centre Institute for Civic Affairs and Development Abdi Mohammed and KWS official and has 683 students. P.O. Box 7438 - 00200 Nairobi The Link, July 2012 29 REGIONAL NEWS Nakuru residents sign peace accord ahead of elections By FAITH MUIRURI THE National Cohesion and Integra- Busia council tion Commission (NCIC) has medi- ated the signing of a peace accord to spend between the Kalenjin and Kikuyu communities in Nakuru County. Ksh153 milion The accord brings to an end hos- tilities and ethnic instigated clashes on projects that have characterised the area over the last decade. By NYAKWAR ODAWO The accord which was signed dur- ing a meeting convened by the NCIC BUSIA county council plans to and witnessed by elders from the com- spend a total of Ksh153milion munities at a Nairobi hotel will bring during the 2012/2013 financial on board other communities in the year to assist in the implementa- County including women, youth and tion of its projects. the politicians. Addressing stakeholders dur- The two communities have also ing the council’s budget day at agreed to form an elder’s mediation Busia County Hall recently, Fi- committee which is to comprise of three respected members from each nance committee chairman who community. is also the Luguu ward civic Key issues outlined in the accord leader Josephat Wandera, said include the reduction of risks of vio- Ksh15.7milion will go towards the lence (especially politically instigated rehabilitation of rural access roads violence) by among others: “Acting in twelve civic wards. towards one another in good faith by Ksh1.3milon will be spent acknowledging each other’s perspec- on a health facility at Tingolo tives and reasons and non-partici- ward, Ksh5.4milion will help in pation in activities relating to ethnic Mr. Wilson Leitich during the peace accord between the Kalenjin and Kikuyu communities in Nakuru County. the establishment of Early Child- violence.” hood education at Bukhayo West, The Accord is anchored on trust as Busibwabo, Bwiri and Bunyala the centre peace for peace and espous- encourage politicians to preach peace He said that the NCIC conflict Kenya where people can live in har- South civic wards as well as the es the need for communities to work and refrain from utterances that may mapping had established that the key mony and invest,” he added. provision of water to Matayos together to earn each other’s trust. fuel conflict amongst the two com- players of violence are more often be- He said that as the country heads munities tween the Kalenjin and Kikuyu com- to the General Elections, NCIC is South civic ward to the tune of Further the accord discourages the Ksh1.3milion. use of stereotypes against commu- Maigwa said that the elders will munities. committed to building a cohesive be at the fore front of propagating har- South Consulting has consistently community, critical towards improv- The local authority will also nities in the county, use of insulting undertake additional programmes language and assumptions as well as mony within the community and con- pointed out in its quarterly reports that ing the quality of life of Kenyans and demning skewed public appointments illegal arms have been flowing into enabling them to achieve their poten- on environmental conservation criminalizing a community based on through the establishment of tree crimes committed by individuals. as they had in the past fuelled conflicts Nakuru. tial irrespective of their ethnic, gender, According to the accord, if the between the communities. The Kenya National Commis- age and religious background. nurseries with a view to rais- committee is unable to resolve any Former Kanu Chairman Wilson sion on Human Rights (KNCHR) and “Building cohesive communities ing seedlings that will be planted conflict, members will convene a Leitich who spoke on behalf of the Waki Report highlighted Nakuru as must be seen as on-going process. around active markets and se- meeting of elders within the targeted Kalenjin community said that the two an area that was highly affected by the Any regeneration initiative must in- lected schools within various civic communities to discuss the issues communities have resolved to amica- 2007/8 Post Election Violence. clude mechanisms which will identify wards. and where appropriate invite NCIC bly resolve disputes that may arise be- “The Commission has thus re- the different communities within the “The council has also lined up to chair, participate or convene such a tween them including conflicts arising solved to bring together representa- area. Any tension or conflict; current activities to support HIV/AIDS meeting. from unequal distribution of resourc- tives of the two communities to ex- or potential must be managed,” he campaigns and will soon organize The accord will be revised after es, youth unemployment and election plore ways of establishing sustainable said adding that communities need a series of rallies to create aware- every three months to align itself to related disputes. peace before, during and after the gen- to be engaged in building a cohesive ness and distribute condoms at any developments within the com- “We will strive to ensure that all eral elections. They have agreed on a society. Ksh200,000,” said Wandera. munity. elected representatives demonstrate Peace Agreement as a way forward,” Clashes that followed the dis- He said that “drugs and sub- Elders from both communities at integrity and goodwill in working he explains. puted 2007 Presidential election saw stance abuse is another challenge the same time committed themselves with all communities to address their He said similar initiatives will be over 1,300 Kenyans killed and over which has really affected the to embracing their diverse cultural needs, interests, concerns and aspira- replicated in hot spot areas to enable 600,000 others uprooted from their tions,” he said. the warring communities to identify homes and some are still in Internally youth. The council through the backgrounds in line with the rights department of social services shall and freedoms outlined in the consti- Elders from both communities with each other in a manner that su- Displaced Persons (IDPs) camps up to agreed to establish a joint secretariat persedes ethnic, cultural or religious date. create awareness on the effects of tution including dispute resolution drug abuse by the youth, imple- mechanisms that inculcate trust and and create a network of monitors that groupings, acquire political aware- Dr Kibunjia also challenged politi- may play a critical role in reporting in- ness, share common norms and values cal parties to include peace building in mentation of the survey findings peace in the community. and training of officers on drug Samuel Maigwa who spoke on cidents at the grasroot level. and develop attitudes favourable to their manifestos and to ensure peace behalf of the Kikuyu community said They will also jointly disseminate the display of integrative behaviour prevails during the next General Elec- abuse,” said the finance chairman, that they have resolved to shun nega- and explain the peace accord to their among people of different groups. tion. adding that Ksh650,000 has been tive ethnicity and hatred which had in respective communities. The NCIC chairman at the same NCIC also warned politicians budgeted for the same. most instances resulted to violence. Nakuru has in the past been listed time called on the media to help re- against making inciting statements “The council has also allocat- “We have agreed to shun violence among hotspot areas in the country. brand Kenya, not as a country marred that might be a threat to the stability ed Ksh90, 000 to facilitate a sur- and denounce forces that are out to According to NCIC chairman Dr by ethnic conflicts, but showcase the on the country ahead of the elections. vey on disability mainstreaming,” divide us including politicians during Mzalendo Kibunjia, a conflict map- rich diversity to achieve Vision 2030. Elders who have been key in he added and after the elections,” he said during ping survey conducted by the com- “We need to change our behaviour the negotiations that have lasted 14 Busia County council chair- the meeting. mission prior to the referendum and attitudes to promote values that months expressed optimism that the man Charles Wafula called for He said that elders from the two had confirmed that Nakuru is still a can enhance cohesion and integration, accord will foster peace among com- transparency and accountability communities have also resolved to hotspot for violence. and build cohesive communities in munities in the county. during the implementation of the project funds saying pubic funds must be utilized towards the pur- pose for which it was intended. EX-prisoners continue to be stigmatized by the society “I am calling upon all the stakeholders especially the Local By JOSEPH MUKUBWA they are used. He underscored the need for part- (RODI Kenya) seeks to sensitize chiefs Speaking during a one- day sensi- nership between all those involved in and their assistants on their role in re- Authority Service Delivery Ac- EX-PRISONERS continue to be stig- tization workshop for chiefs and their the Criminal Justice System in ensuring habilitation of offenders and those serv- tion Plan (LASDAP) committees matized by society despite having assistants drawn from Nyeri Central that ex convicts are accepted and inte- ing community services as part of their to work closely with the civic served their sentences and in most cases district on crime prevention, the proba- grated back to society after serving their sentences. leaders from their respective civic end up sliding back to criminal acts, a tion officer noted that it was necessary sentences. RODI Kenya Programme Officer wards to ensure that the projects workshop heard recently. to rehabilitate ex- offenders in order for “Let’s all come together as members Joseph Nyaga urged the provincial are properly done before the con- Central Provincial Probation Officer them to feel acceptable back to society. of the judiciary, provincial administra- administrators present at the forum to tractors are paid in order to avoid Boniface Muindu while speaking during “Ex- convicts despite having been tion, probation officers, prisons and the ensure that ex convicts do not slip back shoddy work at the expense of the a sensitization workshop in Nyeri town reformed and having abandoned their community in ensuring that ex convicts to crime by overseeing their speedy re- taxpayers,” said the council chair- observed that some ex -convicts feared criminal ways suffer great stigmatiza- are rehabilitated and integrated back to habilitation to society. Muindu said that man, adding that a monitoring and tion since society looks at them as of- society,” Muindu added. being released from jail after serving the justice system in the country was en- evaluation committee is already their term and upon release engaged in fenders and quick to point accusing The workshop organized by a couraging non- custodial sentences thus fingers anytime a crime occurs in the Non-Governmental Organisation, Re- training on management and rehabilita- in place to ensure the projects are criminal activities immediately so that properly executed. they could return back to prison where community,” Muindu observed. source Oriented Development Initiative tion of offenders was very necessary. The Link, July 2012 30 REGIONAL NEWS A Kisii cultural Syokimau Bright group demands Knut cautions against Homes to buy hero’s head EAPCC land By BOB OMBATI interfering with colleges By PETER MUTUKU MEMBERS of Syokimau Bright OTENYO Cultural Group in Kisii stead of taking over middle level Mr Samson Kaguma, Mr Mudzo County has petitioned the British By LINK WRITER Homes Limited, have every rea- colleges,” he said. Nzili and Mr Wycliffe Omucheyi son to smile after it emerged that government to return the head of KENYA National Union of He said the colleges play a said if the trend of universi- freedom fighter, Otenyo, who was there are plans to subdivide 1000 Teachers is opposed to elevation key role of helping students who ties taking up colleges contin- acres of the disputed 1332 acres killed at the height of colonial of public middle level colleges did not join universities acquire ues, many students who do not repression in Kenya during the of the East African Portlands Ce- into universities or their constitu- skills to help them contribute to qualify for university admission ment Company (EAPCC) land, struggle for independence. ent campuses. the country’s development. will end up a frustrated lot. He The Group’s Secretary, James to members. According to the National The unionist said skills ac- demanded that the government Addressing delighted mem- Namu claims that Otenyo’s head Chairman, Mr. Wilson Sossion, quired from such institutions had employ on permanent basis all bers in Mlolongo, the Syokimau was taken to Britain after he killed “The plan by public universities made a number of youths self 28,000 teachers employed on Bright homes chairman Wilson a British soldier, North code in to convert middle level colleges reliant. contract basis. Mbithi said the cement company 1907 during a bloody confronta- into universities will deny most “We are saddened by the This, he said, will boost their has committed to sell the 1000 tion between the Kisiis and the students who did not get univer- government’s plan of changing morale to offer quality service. acres to the local community colonialists who wanted to grab sity entry points a chance of real- almost all colleges into univer- “These are trained teachers who through Syokimau bright homes. the community’s land by force. izing their dreams.” sities or their campuses. This need not be employed on con- “As part of policy, the deci- Namu, who spoke at Coopera- Speaking in Bumula during a will kill the communities mo- tract and instead be fully em- sion to dispose part of our Kanga tive Ground in Keroka town dur- funds drive in aid of Musakasa rale whose children had not per- ployed and be pensionable, this land and give priority to the lo- ing a cultural festival, observed Technical Training Institute, Mr formed well to join universities will give them room to demand cal community represented by Syokimau bright homes and our that heroes from the community Sossion said converting middle as they could have just enrolled for better salaries as an employee who resisted colonial rule and colleges into universities will staff Sacco, still remains. This in such colleges to pursue their on contract can be fired anytime will also take place after the plan fought for freedom have never deny most students the chance life dreams,” he said. or his services terminated by the been recognised and their families has been approved and the re- to realise their dreams. “Let the Mr Sossion who was accom- employer without further ques- quired process finalized,” added were impoverished. government build universities in- panied by Knut NEC officials, tions,” he said. The official, flanked by his Mbithi. Chairman, Makori Nyakeya and The chairman however la- Treasurer, Sabina Nyarindo said mented that prominent people some freedom fighters were also in the country have tried to grab killed and buried upside down in the land meant for the local com- munity. Kisii town during a revenge mis- “When leaders and EAPCC sion by the British soldiers who met and discussed on how to wanted to suppress the rebellion sell the land to the community, against them after Gusii warri- Syokimau Bright homes was ors dared to recover hundreds of identified as the only bonafide cows the colonialists had taken as group that would buy the land a fine for disobedience. on behalf of the community. But Namu said the British also the process has not been smooth took valuable community cultural because members and those who artefacts and demanded they also stood with us have been frustrat- be returned alongside the head ed by forces out to grab the land,” and be preserved in cultural mu- he said. seums to protect the community’s Mr. Mbithi added that the cultural heritage. former Athi River District Com- “Otenyo’s head and the arte- missioner Loyford Kibaara was facts belong to Gusii community. transferred in unclear circum- They have no cultural signifi- stances after he refused to with- cance and value in Britain. They draw the letter endorsing Syoki- should be returned uncondition- mau bright homes to purchase the ally or else we seek legal redress land on behalf of the community. “t is so unfortunate when to recover them,” said Namu. good men of this country behave He said that Otenyo’s head in a manner that does not befit should be ferried back and the their status as leaders. The era fighters’ bodies exhumed to be of impunity is quickly coming given a heroic and decent burial. to an end when the Constitution The Group, said Namu has becomes fully operationalised ,” bought a one acre farm at Mon- he reiterated. tine in Nyamira County and urged Mr. Sossion addressing a gathering. Photo/File He said prominent people had the government to support them hatched a plot to remove EAPCC to build a cultural Museum to pre- board of directors, the managing serve artefacts to promote cultural NTA lays out plans to protect the coast girls from abuse director and the chairman and in tourism and create employment. their place put people who they By BEKADZO TONDO as a reference point when compil- The administrator disclosed that “The Group has collected ar- ing cases of abuse in the region,” police were currently hunting for a could manipulate and place the tefacts but lacks a spacious build- he adds during a prize giving day at man who impregnated a Standard cement company under receiver- THE National Tax Payers Asso- ship and later sell the 1332 acres ing to store them. We want Ksh. ciation (NTA) plans to establish a Vitengeni divisional headquarters. Four school girl from a local pri- 30 million to build the museum,” to their cronies. 24 hours communication center in He says that it is unfortunate mary school in Vitengeni and fled “The same forces went ahead Namu observed. Mombasa to help protect the rights that most school girls have to drop away. Gusii community, noted the and sacked EAPCC chairman of the girl child in Coast Province. out of school due to unwanted preg- Mr. Kibara pointed out that the through a gazette notice. This official lacks a museum and thus A project officer with NTA Mr. nancies as others become victims of suspect impregnated a 12 year old it was difficult for the youth to was very unfortunate because all Wolde Wesa says that the initiative sexual abuse. girl and when he learnt that he was gazette notices of that nature are know the various cultural artefacts dubbed ‘school report card’ will be “Cases where schools girls are being sought by the police, he de- always authorized by the head of and their significance, a situation rolled out in different parts of the sexually exploited by adults in cided to run away from his home. state. But EAPCC board did not that puts them at loggerheads with region to stem the rising cases of coast province have become ram- “Police officers are hunting for give up, they went to court and the elders. abuse that mainly target the girl pant and NTA is coming up with a the man and were following some that gazette notice was declared He says the Group is non po- child. special program to monitor the il- crucial leads that could help in the by our honourable courts not litical, adding that it embraces He says that NTA has already legal activities and prosecute indi- arrest of the suspect,” he added. only illegal but unconstitutional,” cultural diversity and strives to acquired a free hotline number viduals involved in the vice,” said Ganze District Children’s offic- said Mbithi. reunite Kenyans for peaceful co- 0708 577565 which can be used Mr. Wesa. er Mr. Daniel Mbogo said that the The Chairman said as locals, existence. by teachers, parents and children to Mr. Wesa spoke as Vitengeni department will deal firmly with they are against the privatization The official appeals to Ken- report cases of abuse. He says the District Officer Mr. Vincent Kibara individuals found to have abused of EAPCC because they want it yans to enhance unity and peace organization will then use the infor- revealed that cases of early pregnan- children in line with the Children’ to continue serving them and the as the country heads to the next mation compiled to move to court cies among school girls in the area Act. County as a parastatal. He how- General Election to avoid post- on behalf of the victims to ensure were on the raise. “The government He at the same time accused ever declined to name the promi- nent people behind the woes fac- election violence like the one that justice is realised. is concerned with the rising cases parents of failing to provide guid- witnessed shortly after the 2007 ing the management of EAPCC “We have developed a school re- of unwanted teenage pregnancies in ance to their children and abandon- due to their status in the society. General Poll. port card program which will serve the region,” adds Mr. Kibara. ing their responsibility. The Link, July 2012 REGIONAL NEWS 31 The cost of makuti goes up in Coast Province By BRIGHTON KAZUNGU “The landlord has promised to re- The traders said demand for the with the grey color palm fronds Makuti roofs, with generous ventila- place the worn out fronds for the last commodity was on the increase, thatch. tion because it makes buildings cool, MAKUTI has for many years been ten years, because the roof leaks,” for those who spent an average of “Because money is not the prob- besides blending well with the natural used as a cheap material for roof- lamented the woman who has been a Ksh50,000 in one purchase. lem to the wealthy people, they use environment,” said Robert Kalu, who ing by the low income people in the widow for six years, and survives by So the rich are using Makuti up to six layers of Makuti to thatch owns a seafront Makuti thatched vil- Coastal areas of Kenya. This is no selling traditional vegetables. thatch on mansions, five star hotels, some of the roofs, which cover up to la, at Nyali, Mombasa, which he said longer the case. More and more rich In the towns there are now per- cottages, resorts and villas. Yet others 10,000 square feet,” said Karisa Bar- cost him Ksh5.3 million to construct. people are using the same material as manent yards at the roadside where have used it on entertainment halls, aka, a roofing artisan. Some of these Then there are those who are not rooftops for their residential and com- traders display loads of Makuti trans- theatres and curio bazaars. investors have spent fortunes to put so low to live in the shacks, and not mercial buildings. ported on trucks from the rural areas. The villas and hotels bear spectac- up villas with the Indian Ocean as the high enough to build the expensive ”The business of selling Makuti “Our target markets are the mon- ular high roof designs, which owners backdrop, which they have used as a Makuti mansions. Most of them build started in the 1980s. However, prior eyed people who buy in bulk for said they spent between Ksh1.5 to 3 strong marketing tool. or rent houses roofed with iron sheets, to that it was just free. Those without thatching big hotels and bungalows,” million on the Makuti alone. They then market the buildings on and others with tiles. These different Coconut trees collected it freely from said Kalana Chidudu, one of about “So, to investors and the affluent, the internet and in glossy magazines types of roofs are seen side by side in neighbours and relatives,” recalls 100 sellers of the commodity at a yard it is not about using a cheap material; to prospective buyers in Europe. An many areas, and help define the low, 70-year-old Harun Charo, a resident in Malindi town. we still spend much on it, but the aim internet site shows one of such villas medium and high classes. of Likoni, Mombasa. Palm fronds are harvested and is to tap the historical and cultural her- in Malindi, offered at Ksh7 million. This mania for the Makuti among Charo said that before the Coco- dried, then the upper ends are woven itage aspect of the Makuti for prestige To make these roofs, architects the wealthy seems not to have been nut products were commercialized, around sticks two-feet long, and this and marketing,” said Rossi Mancini, and designers have mixed their tech- deterred by the numerous fire acci- one would build a house for free be- sheaf is called a kuti, of which many who owns Makuti thatched tourist nical knowhow and the traditional art- dents in the recent past. cause even building poles and coco- are Makuti. high class hotels in Mombasa and istry of the Giriama and other coastal At least 200 Makuti-thatched nut ropes were not sold. “You could This one measure that resembles Lamu. tribes. buildings, including prized villas and just look for chicken and a guard of a doormat is now sold at Ksh10, up Makuti thatch and the architec- The mania for Makuti roofs beach resorts, have been razed down Coconut wine, or some farm produce, from Ksh5 just four years ago. ture of the old towns represent the among the affluent has also spread by accidental fires in Mombasa and and get all you needed to put up a A ten square feet hut would re- history and heritage of the Arabs and outside the coastal region; for exam- Malindi in the last three years. house.” quire 1,000 of these to thatch, which indigenous coastal tribes. ple the roofs of the Safari Park hotel A source said that there is now a For many years the price of palm is Ksh. 10,000. One kuti has a profit Even many of the internationally in Nairobi are made of the material, certain chemical on trial in South Af- fronds has been affordable because a margin of Ksh2-3. Besides the buy- famous beach hotels in the coastal courtesy of Italian contractor-cum- rica that can render dry palm fronds head load would go for just Ksh100, ing, there is also the transportation towns have their roofs made of net- tourism marketer, Armando Tanzini. inflammable in case of fire. but in the last 10 years it has shot up cost. works of hardwood poles, crowned “The rich also like gigantic high Nevertheless, because owners tenfold. of the burnt down property have the Kazungu Karema, 65, of Ganze, means, the razed down structures Kilifi County, recalls building his two are normally restored within three roomed Makuti thatch with sticks and months. mud wall, at a cost of Ksh10, 000 in On the contrary, the poor cannot 1992. But when his son Sila built rebuild their shacks in case of fire or a similar house this year, he spent flooding. About 300 of such houses Ksh40, 000, with palm fronds alone have been swept away after River costing him Ksh15, 000. Sabaki burst its banks this month in On Average, 60 percent of the the Malindi and Magarini Districts, population in the region lives below displacing 1,200 people. the poverty line, thus not many peo- “These fires have not deterred ple can afford to build or rent a decent investors, because the number of house. Sila, a primary school teacher, Makuti buildings constructed in the was lucky he could afford it, thanks same period was higher than at any to his Sacco. given time’, said Hamid Jefwa, Min- When you travel along the road istry of Housing, Coastal Region. from Mariakani, through Mombasa, Even though one tourist market- Kilifi, Malindi to Lamu, you will no- ing website declares, “Join the coastal tice that many shacks or booths with people to enjoy their legendary hospi- roofs of eroded Makuti have gaping tality, rich heritage, cool ocean breeze holes. The owners of these structures and the cool of palm fronds thatched say they can no longer afford the houses,” the reality is that tourists and thatch to repair the roofs. the poor lot do not, cannot, mingle un- Even the Makuti-thatched rental der the same roofs to enjoy luxurious houses in the town’s estates are not ambiance and delicacies. any better. The landlords also com- As the wealthy reflect and remi- plain of the rising costs of the fronds. nisce over the heritage, and savour the Marina Kadzo, a resident of Maweni hospitality and the cool of Makuti, the slums of Malindi town, lives in a di- poor worry about their fate should the lapidated makuti shack, for which she shack catch fire, or how to bear the pays Ksh500 a month. Palm tree in Mombasa. Palm tree leaves are used as cheap roofing material by the low income people. rain if roof starts leaking. Increase county allocations, says Ojaamong By NYAKWAR ODAWO stead of 15percent. It is impossible sibility of receiving and distributing Commissioner Amina called upon for a governor to manage the affairs funds while ensuring equitable distri- the people as well as the leaders of LABOUR Assistant Minister Sos- of the county effectively with as little bution. Busia County to work as a team in or- peter Ojaamong has appealed to the as 15percent. As leaders, we are now On the population of Teso which der uplift the economic status of Busia Commission on Revenue Allocation appealing to the commission on rev- was erroneously included under County. (CRA) to consider increasing the enue allocation to move with speed Bungoma County, Ojaamong urged “Ensure you elect leaders of in- county allocation from fifteen to forty and revise the allocation criteria,” said the commission to resolve the issue tegrity who will put the interest of per cent so that the counties can be the minister. and give Busia County its rightful the people at heart hence steering the able to operate effectively. Ojaamong who is also Amagoro share of revenue allocation. county to greater heights of economic The minister, who was addressing Member of Parliament at the same “We want the census error to be development,” said the commissioner, a group of stakeholders during a sen- time said there is need on the part of rectified as a matter of urgency so that adding that without transparency and sitization forum convened by the C the commission on revenue allocation Busia County can be given its right- accountability the county concerned RA in Busia town, said that as leaders to consider channelling the funds via ful share of the allocation,” said Ojaa- will not be able to provide effective they want enough resources to be fun- electronic money transfer system to mong, adding that failure to act on the services. nelled to the grassroots level so that the respective counties. same will subject the county to serious The commissioner at the same the common mwananchi can benefit “We want the counties allocation economic challenges. time urged women to present them- from devolved governments. to be channelled through an electronic However, Commissioner Amina selves for various elective posts say- “We want much of the money to money transfer to avoid travelling Ahmed assured the residents of Bu- ing that the constitution has given trickle down to the grassroots so that all the way to Nairobi to collect the sia County especially the residents of them the opportunity to do so. the counties can operate optimally and same,” suggested the minister, adding Amagoro that the commission will “Any county that will fail to ob- Mr. Ojaamong transform regions into viable units,” that there is also need to form a loans consult the planning ministry to cor- serve the “one-third” gender rule will their salaries,” warned Amina, adding said Ojaamong. and grants commission in each county rect the error and allocate Busia Coun- be forced to appoint another group and that failure to adhere to the gender rule “We expect at least 40percent in- that will be charged with the respon- ty its rightful share. use their own allocation to pay them will be costly to the respective county. The Read The Link monthly for issues affecting LinkEnhancing governance for all communities across Kenya The Link, July 2012 East African region wary about antimalarial drug resistance expert scientists most of whom are By HENRY OWINO outstanding researchers from Ken- ya, Uganda, Tanzania, Burundi, Su- MAJOR crisis looms in the dan, Rwanda and Congo Republic. health sector following re- Africa countries are not taking A ports questioning the effica- any chances even though no any cy of the highly publicized Artemisi- confirmed reports of ACTs resist- nin Combination Therapies (ACTs) ance. They are acting now by in- malaria drug. creasing their vigilance for there is According to a report released by no room for complacency. Lancet, the emerging development According to Dr Philippe Guer- portends a global health disaster as in, Executive Director, WWARN, there are no new drugs or vaccines malaria is preventable and curable. to replace ACTs expected soon. Though in 2010, it caused deaths For instance, resistance to chlo- of an estimated 655,000 and with roquine, the cheapest and most used an uncertainty range of 537,000 to drugs, first emerged in 1957 and has 907,000 mostly among African chil- now spread across almost all en- dren. demic countries. Another drug that Dr. Guerin however, was very developed resistance is combination optimistic that increased malaria of sulfadoxine-pyrimethamine. It is prevention and control measures are already present in South America dramatically reducing the burden of and in South-East Asia and now malaria in many places. He said ma- emerging in East Africa. laria deaths have fallen by one-third A team of scientists drawn from in Africa since 2000. three regional centres that play cen- Dr Willis Akhwale, Head of the tral role in capacity building in ma- Division of Disease Control and Pre- laria-endemic countries are working vention, Ministry of Public Health around the clock. Their activities are and Sanitation in Kenya, pointed out tailored to local challenges and re- that despite efforts made to curb ma- sources to understand how far resist- laria, many challenges still exist. ance has spread. Dr Akhwale admitted that his- The three regional centres are Anti-malarial drug experts Doctors posing for photo at a press conferenece. Photo/Henry Owino torically, effective drugs have been in Asia, East and West Africa with malaria treatment adding that there emergence of antimalarial resist- the media to report the issues sur- lost as parasites develop resistance support activities in Central Africa due to drugs over exposure. He said and South America. The scientists should not be cause of alarm. They ance. rounding antimalarial resistance in were addressing journalists at a ho- Dr Da Silva said there are ap- simplified manner and effectively. factors are use of poor quality and are all providing training to those counterfeited medicines increasing collecting and processing clinical tel in Nairobi during Malaria Resist- proximately 28 million cases of ma- He challenged media to convey the ance Stakeholders meeting. It was laria treatment per year being report- information to the general public, the risk of drug resistance. Mosqui- samples. They are also building toes were seen as becoming resist- sustainable networks with other convened to engage the scientific ed in East Africa. For that reason, he to strengthen the effect of proactive community, policymakers, interna- promised Africans efforts are being collaboration instead of being mali- ance to insecticides in bed-nets and scientists, bridging gaps between drug abuse either taken under dose the research community and those tional agencies and other concerned made to make the drugs available cious. parties to formulate an action plan. and affordable to all. Dr Talisuna called upon regional or over dose for right treatment or responsible for malaria control at a any ailment. country level. The doctors and scientists how- “There are critical gaps in drug and global cooperation to prepare ever failed to deny reports indicat- efficacy baseline data on the African for the possibility of antimalarial He regretted that lack of proper In Africa, if the antimalarial regulations policies in Kenya is drug becomes resistance, it will ing that resistance was being regis- continent right now. If we do not drug resistance in Africa nations. He tered in Africa. “The resistance may know how effective a drug is now, urged Scientists, institutions, policy- leading to substandard and counter- pose a major public health threat. feits drugs. Purchasing of drugs over The African teams are actively ad- spread to Africa since mosquitoes how will we see trends towards re- makers and national malaria control do not need visa card to spread the sistance?’’ posed Dr Da Silva. divisions to collaborate by sharing the chemists’ counters at reduced vocating for restoration and build- price of Ksh 40 without diagnosed ing of surveillance networks and germs causing malaria to any conti- Dr Ambrose Talisuna, the East information to build a viable re- nent”. Africa Scientific Director, World sponse to the emerging public health prescription from a physician among tools to ensure early identification other factors contributes to resist- of artemisinin resistance. According to Dr Joaquim Da Wide Antimalarial Resistance Net- threat. Silva, Coordinator, Roll Back Ma- work (WWWRN), stated that Africa A summit led by Roll Back ance. The team of expert doctors and “There is a difference between malaria researchers from East and laria-East Africa Regional Network must be prepared for any challenge Malaria-Eastern Africa Regional (RBM-EARN) hinted the risk that with the antimalarial treatment. He Network (RBM-EARN), WWARN substandard and counterfeit. Sub- Central Africa has refuted the reports standard simply means poor quality by a section of media that artemisi- antimalarial resistance will spread pointed out that malaria parasite and the East African Consortium for is significant, due to increased trans- resistance to the most effective anti- Clinical Research (EACCR) funded and not effective for treatment while nin combinations therapies (ACTs) counterfeit means there are some drugs in the market are already re- continental flights. He cautioned malarial treatment ACTs is already by the EDCTP have workshops. The that East Africa is particularly vul- being experienced in Southeast Asia aim is to discuss an action plan for ingredients of the real drugs in the sistant to treatment. The doctors said fake medicine but do not add up to there are no any researchers who nerable, due to the major regional especially in the border regions be- meeting the possible threat of artem- trade hub. The doctor reiterated that tween Thailand/Cambodia and My- isinin resistance in Africa should it the required threshold. So, coun- have identified or confirmed the terfeits will cure but with time, the antimalarial drugs as ineffective and Eastern African nations must now be anmar/Thailand. arise particularly in Eastern region. vigilant and prepare for the possible Dr Talisuna therefore urged The meeting is attended by over 40 body develops resistance to both resistance in Africa. They therefore original and the fake,” explained Dr disputed the media reports in the Akhwale. phenomenon as inaccurate represen- Dr Akhwale warned cheap use tations of published research. “The resistance may spread to Africa since mosquitoes do of counterfeits is costly both to the The doctors confirmed the ACTs government and the patients using drugs are the most effective, reliable not need visa card to spread the germs causing malaria to them. He urged the public to seek antimalarial treatments available. guidance if in doubt of any medicine The expert assured Africans of safe- any continent”. being sold to them by chemists. ty and efficacy of the ACTs drugs for

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The Link, July 2012 14 SPECIAL REPORT Proceedings of debate on amendments to political parties and elections laws From Page 13 as I do, may I say the following. I am have come to Parliament with. longer share your ideology with that constipation after eating its own children and under the impression that the National I think that we need to be disciplined. party, you cannot move out, is unreason- adopting the neighbour’s. Order! Order, Hon. Members! Assembly of the Republic of Kenya If one wants to change party allegiance, ably restricting your freedom of associa- (Laughter) What is your point of order, Hon. cannot be intimidated or at any rate be there is a mechanism for doing so but I tion, which is a fundamental principle in The Minister for Transport (Mr. Kimun- Mbadi? threatened that if we do not do this, we think let us not do that. I am saying that the Constitution. Especially in a country ya): Madam Temporary Deputy Chairlady, Mr. Mbadi: On a point of order, Mad- will go to court and if we do that, we for Kenya to democratize, it is political where parties are really shades, and not I know hon. Members may be looking for am Temporary Deputy Chairlady. I will go to court. parties that will help to change the gov- real parties, and where we have owners some hilarious moments here but is it in or- plead with you that this is a fundamental I support. ernance of this country. of parties who dictate within the parties; der for an hon. Member to stand before this issue. The Speaker ruled that whenever The Temporary Deputy Chairlady We destroy parties today, we are de- they will want to keep you in the parties, House and talk of a political party which is the Constitution Implementation Com- (Dr. Laboso): Hon. Nderitu, that matter stroying our country. I just want to go so that they can use you to negotiate for supposedly dead when he has not even been mission (CIC) expresses doubts and res- is closed. I will now put the question. on record as vehemently opposing this political power. a Member? I am the Secretary- ervations about (Question, that the words to be inserted amendment which is going to open a Madam Temporary Deputy Chairlady, I General of PNU, a party that is in the coali- the legislation that is brought to this be inserted, put and negatived) floodgate to indiscipline in political par- hold the freedom of association as being tion; the party that is ruling and a party that House, it should be considered. In fact, Mr. Musyimi: Madam Temporary ties and what we call political promis- more fundamental than that people are participates in this Government and is here I am so much disappointed by the Chair Deputy Chairlady, I beg to move: cuity. trying to protect, where parties are really sponsoring all these presidential candidates of CIOC. He is the Chair of the Commit- THAT, the Schedule to the Statute I oppose. personalised outfits. including Martha Karua. For the information tee which is supposed to ensure proper Law (Miscellaneous Amendments) Dr. Duale: Madam Temporary Deputy I beg to support. of Ms. Karua, I would like to just inform her implementation of the Constitution. Bill, 2012 be amended in the proposed Chairlady, I stand to support this amend- The Assistant Minister for Lands (Mr. that Section 2 of the Political Parties Act of (Mr. Abdikadir stood up in his place) amendments to the Political Parties Act, ment. Rai): Bi Naibu Mwenyekiti wa Muda, 2007 was not saved in the Political Parties I have not even said anything. Why are 2011 (No. 11 of 2011) by inserting the History will bear me out that the people ninaomba nianze kwa kusema kwamba Act that was repealed. Section 33 was saved you standing? following immediately after the amend- who will oppose this amendment have haki iwe ngao na mlinzi, na kwamba but not Section 2. So, be very careful how Madam Temporary Deputy Chairlady, ments proposed to section 41(4) of the changed parties more than five times. maneno tunayozungumza ni lazima you approach me as the Secretary-General if this is the way the Chair of the CIOC Political Parties Act- S.51 Insert the fol- Mrs. Odhiambo-Mabona: On a point tuyapime tujue kwamba tunazungumza of PNU! is going to ensure that the Constitution lowing new sub-section immediately of order, Madam Temporary Deputy na Wakenya wanasubiri. (Laughter) will be implemented, then this country after sub-section (1)- Chairlady. Is the hon. member in order Kwa heshima yangu yote, ninataka Mr. Namwamba: Madam Temporary Dep- is in problems. (1A) Until after the first general election to mislead the House that those who ieleweke kwamba mhe. Martha Karua uty Chairlady, as the dead bury their Madam Temporary Deputy Chairlady, held after the commencement of are opposing have changed parties? I aliteuliwa kuja Bungeni kwa tikiti ya dead, I just want us to get back to--- the Chair of the CIC actually said that this Act, nothing provided for in sub- have only been a member of the Orange PNU lakini, hivi sasa, yeye ni Kinara The Temporary Deputy Chairlady (Dr. this Commission is subordinate to Par- sections (4), (5) or (7) of section 14 Democratic Movement wa Chama cha NARC-(Kenya). Bado Laboso): Yes, but no debate, please. liament. I want to let him know that the shall be construed as requiring a person (ODM). I have never changed and I ve- hajajiuzulu. Anapigania kiti tena, na Mr. Namwamba: No, Madam Temporary people of Kenya knew that there was to vacate his or her seat as a Member of hemently oppose. hapa anasema ni lazima demokrasia Deputy Chairlady. I wanted to seek some Parliament when they did set up this Parliament or of a local authority, or as Mr. Duale: Madam Temporary Deputy ifuatwe. guidance from the hon. Attorney-General Commission. I want to read the Sixth disqualifying any person from eligibil- Chairlady, we are doing this in order Ms. Karua: On a point of order, Mad- and in his absence, the Minister for Justice, Schedule which says:- ity to contest in an election under this to--- am Temporary Deputy Chairlady. Is it in National Cohesion and Constitutional Af- “This Commission shall ensure that any Act. Dr. Nuh: On a point of information, order for my good friend, who appears fairs is here. I just wanted to seek this clarifi- impediment to the implementation of Madam Temporary Deputy Chairlady, I Madam Temporary Deputy Chairlady. not to have any understanding of the cation for the benefit of this discourse. the Constitution is addressed.” wish to commend this august House for Mr. Duale: I do not want to be in- Political The essence of the amendment is to basi- This is one of the impediments. The Po- enacting the law on political parties. It is formed. Madam Temporary Deputy Parties Act, to mislead the House? It is cally allow hon. Members to continue hold- litical Parties Act and Elections Act are a very forward-looking law. It is a law Chairlady. true that I was forwarded to the PNU by ing their positions even after vacating their some of the legislations that were put in that will bring order and health. As we Hon. Mutava Musyimi is exercising his NARC-Kenya. I never became a mem- political parties. However, I want to benefit the Fifth Schedule. You could not bring all know, democracies rely on political legislative role of either amending or ber of PNU. The law allows me even from the Attorney-General who is not here these particular legislations unless they parties for their day-to-day activities. doing his oversight role that we create now to define myself as a member of but the Minister for Justice, National Cohe- were processed through the CIC, the So, I stand to support this honourable parties based on the Constitution. As we NARC-(Kenya) because it is NARC- sion and Constitutional Affairs could also Attorney-General and the State Law House in enacting this law. I think it is go to the new constitutional dispensa- Kenya that had become a corporate do it. With respect to Section 3 of the Sixth Office. You can equally not bring an a wonderful law. However, even as we tion, we have parties where in the morn- member of PNU. Is it in order for this Schedule to the Constitution, which provides amendment without following the same commend this August House, might we ing, evening and at night, are owned by good hon. Member, who is otherwise that Sections 30 to 40; 43 to 46; 48 to 58 of procedure. also say that this nation is in transition individuals. For that, the way we have my friend, to mislead Kenyans on the the former Constitution - the provisions of (Loud consultations) and transitions are not easy things? I am created many transitional authorities in law? We saved clauses 2 and 30 of the the former constitution concerning the Ex- The Temporary Deputy Chairlady not sure this House both in the social, economic Political Parties Act. I am not a mem- ecutive are extended which means they are (Dr. Laboso): Order, hon. Members! that many of us are fully aware of the and political spheres, we must create a ber of PNU. I am a member of NARC- still applicable--- The clarification I seek, Mr. Namwamba: On a point of infor- changes that we are going through as a transitional period for us to leave parties (Kenya) and its head. therefore, is how this particular amendment mation, Madam Temporary Deputy country. I have looked at the activities that are full of dictators – parties that (Several hon. Members stood up in their would sit alongside Section 40 of the former Chairlady. within our political parties over the last believe in regional politics and ethnic places) Constitution whose applicability is extended The Temporary Deputy Chairlady one year; it is quite obvious that there polarization and form a Kenyan politi- The Temporary Deputy Chairlady by Section 3 of the Sixth Schedule. The said (Dr. Laboso): Who do you want to in- are fundamental changes that are taking cal party. I think Hon. Mutava Musyimi (Dr. Laboso): Order, hon. Members! Section 40 of the former Constitution pro- form? place in terms of party has created the avenue. He has brought Gonzi Rai, complete your contribution. vides as follows: Mr. Mbadi: Madam Temporary Depu- affiliation and organization. an amendment where party hoppers can The Temporary Deputy Chairlady This is Section 40 and I quote:- ty Chairlady, he can inform me. I accept (Loud consultations) leave dictators and go to where democ- (Dr. Laboso): Do you accept the infor- “Vacation of seat in the National Assembly the information. Madam Temporary Deputy Chairlady, racy thrives. mation, hon. Gonzi Rai? upon resignation from party - a The Temporary Deputy Chairlady could you, kindly, protect me? I can Mr. Midiwo: Madam Temporary The Assistant Minister for Lands (Mr. Member of the National Assembly--- (Dr. Laboso): Hon. Members, remem- hardly hear myself. Deputy Chairlady, let me oppose this Rai): Yes, I do, Madam Temporary Dep- (Loud consultations) ber that this is the Third Reading. We The Temporary Deputy Chairlady amendment. I am opposing the amend- uty Chairlady. The Temporary Deputy Chair (Dr. La- are not debating. (Dr. Laboso): Order, hon. Members! ment, knowing that the people who are The Temporary Deputy Chairlady boso) Order, Members! Mr. Namwamba: On a point of infor- The consultations are too loud. Hon. used to indiscipline shall win. However, (Dr. Laboso): Proceed, Minister. Mr. Namwamba: I do not know whether mation Madam Temporary Deputy Musyimi, remember it is Committee I want to go on record as having said The Minister for Nairobi Metropoli- we are here to debate or to make noise and Chairlady. I want to inform the hon. Stage. You are not moving a Motion. that this country is a multiparty democ- tan Development (Mr. Jamleck Irungu heckle. It states: Member for Gwassi that the question Summarize your contribution. racy, and that there cannot be a thriving Kamau): Madam Temporary Deputy “A Member of the National Assembly who, he is canvassing received considerable Mr. Musyimi: Thank you, Madam multiparty democracy where there is no Chairlady, I happen to be the Vice- having stood at his election as an elected attention in the ruling that you have Temporary Deputy Chairlady. I feel that political party discipline. Let me prom- Chairman of the PNU, the party that is Member with the support of or as a supporter just selectively read to the House be- we need to give the political parties and ise my colleagues that it does not mat- being said to be “Pnu”. The party is not of a political party, or having accepted ap- cause that is what you have just done. our people the necessary legal frame- ter how many political parties one hops “Pnu”. It is actually PNU. pointment as a Nominated Member as a sup- You have selectively read a ruling of the work to negotiate their future and, there- from and to, in the final analysis, you For the information of this Hon. Mem- porter of a political party either:- Chair to this House and I want to point fore, the future of our people. will come back to this House. You shall ber, I was actually in NARC-(Kenya), (a) resigns from that party at a time when that out that---- This is selective in accept- Jesus said: “Law was made for man and only survive in politics if you believe together with hon. Martha Karua. I was party is a parliamentary party; or, able simple English. We want to defile not man for law.” If it is necessary to in some ideology of some party, which elected under the PNU, through NARC- (b) having, after the dissolution of that party, the new Constitution. We will not allow change the law, we change it. I believe you shall help to build. Otherwise, you Kenya, just like Hon. Martha Karua was been a Member of another parliamentary anybody to defile the new Constitution. in reforms and I have spent a good part will not be helping yourself, elected. Therefore, she belongs in PNU. party resigns from that other party at a time Mr. Mbadi: Thank you for the informa- of my life pushing for reforms. How- other than promoting gross political (Loud consultations) when that other party is a parliamentary party tion. ever, if we just push reforms without party indiscipline in our country. The Temporary Deputy Chairlady shall vacate his seat forthwith unless in the Hon. Members: On a point of order, pushing the agenda for I know that those who are supporting (Dr. Laboso): Order Hon. Members! Al- meantime that party of which he was last a Madam Temporary Deputy Chairlady. stability for providing predictability to this amendment will win, and I wish low the Bon. Member to complete his Member has ceased to exist as a parliamen- The Temporary Deputy Chairlady society, then reforms will hurt us even- them well. contribution. tary party or he has resigned his seat” (Dr. Laboso): I have stopped any fur- tually. What we want is stability in terms The Assistant Minister for East Afri- Yes, Mr. Rai. Madam Temporary Deputy Chair, I raise this ther points of orders on this matter. Hon. of political engagements. I beg to move. can Community (Mr. Munya): Madam The Assistant Minister for Lands (Mr. matter because--- Baiya, move your amendment. (Question of the amendment proposed) Temporary Deputy Chairlady, I support Rai): Madam Temporary Deputy Chair- Mr. Abdikadir: On a point of order, Madam (Loud consultations) Ms. Karua: Madam Temporary Dep- this amendment for one very key rea- lady--- Temporary Deputy Chair. (Mrs. Shebesh stood up in her place) uty Chairlady, I stand to oppose the son. (Loud consultations) Mr. Namwamba: I am on a point of order. The Temporary Deputy Chairlady amendment. The Temporary Deputy Chairlady I raise this question because this Section 40- (Dr. Laboso): Order, hon. Mrs. Shebesh. (Applause) The Bill of Rights ranks at the top in the (Dr. Laboso): Mr. Rai, you have now -- Get out of the Chamber! It is a great shame that shortly after pass- hierarchy of norms in our constitutional forfeited your time. Mr. Abdikadir: On a point of order, Madam (Mrs. Shebesh withdrew from the ing the Constitution – passing the make up. A cardinal principle in the Bill Dr. Eseli: Madam Temporary Deputy Temporary Deputy Chair. Chamber escorted by Mrs. Odhiambo- Political Parties Act, 2011, we are now of Rights is freedom of association. Chairlady, is the hon. Member correct to Mr. Namwamba: I am on a point of order Mabona) telling the country that; allow us as When you are restricting enjoyment of suggest that some of us are in PNU myself. (Applause) Members of Parliament, as the rest of a fundamental freedom, you have to be when we have come directly through Madam Temporary Deputy Chair, when The Assistant Minister for Industri- Kenya obeys the Constitution and the extremely careful. other parties considering that PNU, as pretenders to reforms suddenly show their alization (Mr. Muriithi): Madam Tem- law, to just misbehave just a little; allow When you tell people that if you have a medical doctor, I actually examined colour and start demonstrating the worst pos- porary Deputy Chairlady, I support and us not to be faithful to the party that we disagreed with your party or you no it and pronounced it dead? It died of sible traits of impunity---

The Link, July 2012 SPECIAL REPORT 19 Proceedings of debate on amendments to political parties and elections laws The Temporary Deputy Chair (Dr. La- boso): Hon. Members, we do not have S.21(4) by Dr. Nuh withdrawn) being deleted. be left out, put and agreed to) boso): Order, Mr. Namwamba! Continue 20 Hon. Members standing. Mr. Kivu- (Question of the amendment proposed) The Temporary Deputy Chairman (Provisions relating to Section 10(1) of with your contribution. Just stick to your ti’s amendment, therefore, falls as it is Ms. Karua: On a point of order, Mr. (Mr. Ethuro): Hon. Kimunya, that can- the Elections Act, 2011 were accord- points. similar to Mr. Musyimi’s amendment. Temporary Deputy Chairman, Sir. not be a further amendment to Dr. Nuh’s ingly deleted) Mr. Namwamba: Madam Temporary Dep- (The provisions relating to the Political While moving the amendment, I heard amendment because you are dealing The Temporary Deputy Chairman uty Chair, would I be in order to seek the Parties Act as amended agreed to) the hon. Member talk about registering with Section 10(1) whereas Dr. Nuh is (Mr. Ethuro): Dr. Nuh, move the amend- guidance of the hon. Attorney-General, who Dr. Nuh: Mr. Temporary Deputy Chair- with an ID, but voting with a passport. dealing with Section 10(2). ments on Section 13(3). is back here now, as to how this amendment man, Sir, I beg to move:- However, looking at the amendment on (Mr. Kimunya consulted the Chair) Dr. Nuh: Mr. Temporary Deputy would sit alongside Section 40 of the former THAT, the Elections Act, 2011 be the Order Paper, I see nothing talking Mr. Baiya: On a point of order, Mr. Speaker, Sir, I had an objection to the Constitution, whose application is saved by amended by inserting the following about that proposal. So, could the hon. Temporary Deputy Chairman, Sir. amendment by Mr. Kimunya but it Article 3 of the Sixth Schedule of the Con- immediately after the amendment pro- Member clarify where this proposal ap- The Temporary Deputy Chairman seems you are going too fast for some stitution, which is actually part of the Con- posed to section 10(1)- S.10 (2) Delete. pears, so that we can follow the amend- (Mr. Ethuro): What is it, hon. Baiya? of us. stitution? Would this provision, therefore, be Mr. Temporary Deputy Chairman, Sir, I ments? Otherwise, it is impossible to Mr. Baiya: Mr. Temporary Deputy The Temporary Deputy Chairman valid? am proposing a deletion of that section contribute to the amendment. Even in Chairman, Sir, I wish to support that (Mr. Ethuro): That is why I am here, Dr. Whether you make noise or not, we are a which proposes that the identification the Act itself, I am not seeing any such amendment by the Minister. That is with Nuh. country governed by the rule of law not by documents produced during voting be proposed amendment. regard to removing the voters’ card as Dr. Nuh: Mr. Temporary Deputy Chair- the noise of man. the one you used during registration and The Temporary Deputy Chairman a requirement for registration and even man, Sir, even if you give a chance to The Temporary Deputy Chair (Dr. La- I was asking that if you registered us- (Mr. Ethuro): Hon. Members, there is for voting. Actually, it is not just for vot- someone who supports, it might be good boso): Minister for Justice, National Cohe- ing a passport and you have an identity another clarification being sought by ing. It is not needed either for registra- to hear the contrary view; I was a little sion and Constitutional Affairs, please, pro- card and maybe you have misplaced hon. Kimunya. tion or for voting. That way, we shall be disturbed. Now that this amendment is ceed. your passport, if the identification of the The Minister for Transport (Mr. making the election already gone I just want Members to Mr. Abdikadir: On a point of order, Madam person can be well proved beyond doubt Kimunya): Mr. Temporary Deputy more efficient, effective and less expen- digest a case where someone misses in Temporary Deputy Speaker. Is it in order for because the passport and the identity Chairman, sive. So, that has been the position. The the register and their missing is caused the legislative function of this House to be cards are interchangeable, why would Sir, indeed, Section 10(1) of the Act ba- Departmental Committee on Justice and deliberately by the Independent Bound- subjected to the opinion of the Minister for we want to force on a voter that he must sically says that you use the same docu- Legal Affairs has also agreed with that aries and Electoral Commission (IEBC) Justice, National Cohesion and Constitu- produce an identity card if he registered ment that you used to register as a voter position and we, therefore, support the and you have nothing to prove that actu- tional Affairs? This House is legislating at using an identity card when he can pro- for purposes of voting. So, Dr. Nuh is amendment. ally you went to the IEBC to register. I Committee Stage; the views of the Minister, duce a passport since maybe he lost his basically saying that the document that The Temporary Deputy Chairman think that is for the digestion of the respectable as they are, do not supersede the identity card? That is basically the ra- you use to register need not be the one (Mr. Ethuro): Mr. Kimunya’s amend- Members. functions of the House. tionale. you will use for voting, and that you can ment is strictly 10(1) and Dr. Nuh will Mr. Temporary Deputy Chairman, Sir, I Madam Temporary Deputy Chair, the Stand- The Temporary Deputy Chairman be identified separately. Such an amend- come with 10(2) and then 13(3). have moved the amendment to Section ing Orders talk about a Motion. Standing Or- (Mr. Ethuro): Order! Hon. Dr. Nuh, you ment could provide room for manipula- Dr. Nuh: Mr. Temporary Deputy Chair- 13(3); so, I do not know what you want der No.47 talks about a Motion. We do not need to move all of them under the Elec- tion of the election. man, Sir, I have been advised by some me to do. Just propose the Question. have before us a Motion. There is developing tions Act. Deal with one first and then Mr. Temporary Deputy Chairman, Sir, if documentation experts and a few legal The Temporary Deputy Chairman a habit in this House that everything is sent we will go to two. you remember, when we were legislat- minds, who I think sought to know the (Mr. Ethuro): Let me not put the Ques- to the Chair or the Speaker for determina- Section 13(3) – The Elections Act, 2011 ing on this law, we went through a very few issues that entail getting an ID and a tion so that at least we get one or two tion. It is not the Speaker or the Chair that Dr. Nuh: Mr. Temporary Deputy Chair- elaborate system to sort out these issues. passport, that it is not the same informa- clarifications. makes laws. Absolutely not! It is the cardinal man, I beg to move:- The document that you use to register tion although I have one. But you know Ms. Karua: Madam Temporary Dep- function of the House; it is the mandate of the THAT, the Elections Act, 2011 be is the one that you are known by in the I am just among the very few from Bura uty Speaker, I oppose the amendment. House. It is not the mandate of the Speaker amended by inserting the following register. who have the opportunity to have a Dr. Nuh himself has doubted it. If you or the Chair. It is certainly not the mandate of immediately after the amendment pro- You cannot then come back – because passport. I am informed that it is not the allow people who are not in the register the Minister for Justice, National Cohesion posed to section 10(1) of multiple registrations – and use an- same information which is on the pass- to vote, what will happen is that we will and Constitutional Affairs to make laws. Will S.13 (3) Delete all the words appear- other document to vote. It was at that port that might appear on the ID and that have hand written registers replacing I be in order to seek that we move ahead with ing after the words “its constitution and point that we actually removed the is- might open room for fraud. Mine was the old ones. This is the method that has the business of the House? rules” and substitute therefor the words sue of voters’ cards, which have always only to facilitate the voters. However, if been used--- The Assistant Minister, Ministry of State “which shall be at least forty five days been used as an opportunity for buying it opens avenues for corruption I want The Temporary Deputy Chairman for Defence (Maj-Gen. Nkaisserry): before such election.” voters. I am surprised that voters’ cards to be guided and I want to withdraw the (Mr. Ethuro): Order, hon. Karua! You Madam Temporary Deputy Chair, I stand Mr. Temporary Deputy Chairman, Sir, are coming back. amendment. are back to Section 10(1). We had fin- to oppose the amendment. The guilty are the section I am deleting is when it is Therefore, I have a further amendment The Temporary Deputy Chairman ished that. That is Mr. Kimunya’s--- afraid. All the people who are supporting this giving the days when nomination is sup- to Dr. Nuh’s amendment, to actually de- (Mr. Ethuro): So, you are withdrawing Ms. Karua: No; Dr. Nuh is on Section amendment are hopers of political parties. posed to be done and it says:- lete the clause that is seeking to re-intro- 10(2) and 13(3)? 10(3). We cannot kill democracy in this country. It “Such nominations shall be done in ac- duce voters’ cards, which we removed Dr. Nuh: I am just withdrawing 10(2), The Temporary Deputy Chairman is only in this country that we have selfish cordance with the constitutional rules in this House with a lot of wisdom. We Mr. Temporary Deputy Chairman, Sir. (Mr. Ethuro): No; he was complaining legislators; people who want to help them- which shall not be more than 21 days know that voters’ cards are an avenue (Proposed amendment to Section 10(2) that I had denied him the opportunity selves because you want to jump from one after the date of publication of such no- for rigging of elections. We should es- by Dr. Nuh withdrawn) earlier on. party to another so that tomorrow, you can tice.” pecially consider the budgetary con- Dr. Khalwale: Mr. Temporary Deputy Ms. Karua: No; I have nothing on Sec- survive. We cannot kill democracy because What we are basically saying here is straints that the IEBC is in. It is unfor- Chairman, Sir, I just want to register my tion 10(1). I thought we were on Section you want to move from party to party. that what should be definite is the date tunate that whereas we are crying that support for Mr. Kimunya and draw the 10(3). (Loud consultations) of the election and just as the nomina- we do not have money for elections, we attention of hon. Members to Article 38 The Temporary Deputy Chairman The Temporary Deputy Chairlady (Dr. tion is a fixed date that should not be are seeking to re-introduce voters’ cards, subsection--- (Mr. Ethuro): We are on Section 13(3) Laboso): Order, hon. Members! less than 45 days before the general which will cost so much money, despite The Temporary Deputy Chairman Mr. Ruto: On a point of order, Mr. Complete your contribution. election. I am proposing that rather than the fact that we do not need them, and (Mr. Ethuro): Order! I will give you the Temporary Deputy Chairman, Sir. The The Assistant Minister, Ministry of State give a date that is ambiguous – that is which this House, in its wisdom, had chance. Let me then put the amendment Hon. Member was just about to tell for Defense (Maj-Gen. Nkaisserry): not fixed and it will be for the IIEBC to removed from the Statute. properly. Mr. Kimunya, we can start us how elections can be rigged. You Madam Temporary Deputy Chairlady, you determine, then you say 21 days after Mr. Temporary Deputy Chairman, Sir, I with yours. stopped her--- can see a big shame tonight that Hon. Mem- that date. If that date is set, then there is want to introduce my amendment at this Move the amendment. The Temporary Deputy Chairman bers who have themselves to blame. We can- a danger of getting towards and closer to point. Section 10(1) – The Elections Act, 2011 (Mr. Ethuro): Yes, you must stop all rig- not kill democracy because you are political the day of the election. So, I am trying The Temporary Deputy Chairman The Minister for Transport (Mr. ging of election. hoppers. We cannot allow that and, therefore, to align it with the previous provisions (Mr. Ethuro): What are you amending, Kimunya): Mr. Temporary Deputy Mr. Ruto: Mr. Temporary Deputy I oppose this amendment. and say that we replace it with the words Minister? Speaker, Sir, I beg to move:- Chairman, Sir, you know very well that (Loud consultations) “a date which shall be at least forty five The Minister for Transport (Mr. THAT, Section 10(1) on the provisions Hon. Karua is an authority. The Temporary Deputy Chairlady days before date of such election.” Kimunya): Mr. Temporary Deputy relating to the Elections Act, 2011, and The Temporary Deputy Chairman (Dr. Laboso): The House will decide. Mr. Mr. Temporary Deputy Chairman, Sir, Chairman, references to voters’ cards in the Elec- (Mr. Ethuro): Mr. Ruto do not--- No! Namwamba sought an opinion and I will al- with respect to Section 21(3) and Sec- Sir, it is a further amendment to Dr. tion Act, 2011, be deleted. No! low the Minister because he had stood up. tion 21(4), I learnt that there were some Nuh’s amendment. (Question of the amendment proposed) Order, Ms. Karua! You do not need to Let us allow the Minister and then put the corrections which were done because Mr. Temporary Deputy Chairman, Sir, I Dr. Khalwale: Mr. Temporary Deputy answer him. question so that the House can decide. Do this was to correct the anomaly of the beg to move:- Chairman, Sir, I want to support Mr. Ms. Karua: Because of what he did in you have an opinion? We are not bound by Acting Speaker and the Deputy Speak- THAT, Section 10(1) on the provisions Kimunya by making a reference to Ar- Chepalungu; 400,000 votes--- his opinion but we can benefit from it. er. So, I wish to withdraw amendments relating to the Elections Act, 2011 and ticle 38(3) of the Constitution, which The Temporary Deputy Chairman The Minister for Justice, National Co- 21(3) and 21(4). other references to voter’s cards within provides that every adult citizen has the (Mr. Ethuro): Order, Ms. Karua! hesion and Constitutional Affairs (Mr. The Temporary Deputy Chairman the Elections Act, 2011, be deleted. right, without unreasonable restriction, Order, Members! The next time some- Wamalwa): Madam Temporary Deputy (Mr. Ethuro): So, Dr. Nuh, if the Chair The rationale of this amendment is that to be registered as a voter and to vote one ignores the Chair, I will throw him Chairlady, I think I want to concur with what heard you, you are withdrawing Sec- when we were legislating on the Elec- by secret ballot in any election or a ref- or her out. I will now put the question in Mr. Abdikadir said and I want to assure the tions 21(3) and (4) and still maintaining tions Act, 2011, we looked through this erendum. relation to the amendment by Dr. Nuh hon. Member that we are available together Section 10(2) and Section 13(3)? matter and said that voters’ cards have Since the Constitution talks of there on Section 13(3) with the Attorney-General to give him our Dr. Nuh: Yes, Mr. Temporary Deputy previously been used for purposes of being the total absence of unreason- (Question, that the words to be left out considered opinion but if he has grounds on Chairman, Sir. rigging elections. able restriction, it reminds me of some be left out, put and agreed to) which he wishes to oppose this amendment (Proposed amendments to Sections The Temporary Deputy Chairman of the voters who are not able to read (Question, that the words to be inserted on constitutional grounds, he is free to do so 21(3) and (4) by Hon. Nuh were with- (Mr. Ethuro): Minister, conclude. You and write. They usually get into a lot of in place thereof, be inserted, put and in this debate but we will be available to give drawn) have convinced the hon. Members. confusion. agreed to) him our considered opinion. Dr. Nuh: Mr. Temporary Deputy Chair- The Minister for Transport (Mr. The Temporary Deputy Chairman (Provisions relating to Section 13(3) (Question that the words to be inserted be man, Sir, we are deleting Sections 10(2) Kimunya): Mr. Temporary Deputy (Mr. Ethuro): Order, Dr. Khalwale, I can of the Elections Act, 2011 as amended inserted, put and agreed to) and 13(3) and proposing that we put Chairman, see where you are going; this is Com- agreed to) (Several Hon. Members stood up in their “forty-five days before such election”. Sir, if I have convinced the hon. Mem- mittee Stage. Dr. Nuh: Mr. Temporary Deputy Chair- places) I have withdrawn the amendments to bers, I need not speak any more. Let me Dr. Khalwale: Thank you. man, Sir, I beg to move:- Hon. Members: Division! Division! Sections 21(3) and 21(4). just say that Section 10(1) of the Elec- I support. The Temporary Deputy Chair (Dr. La- (Proposed amendments to S.21(3) and tions Act, 2011, be further amended by (Question that, the words to be left out Turn to Page 20