Raila Warns Against Mutilating the Constitution
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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.